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1813, Giovanni Astardo - Unfit For Publication
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Criminal Register, Newgate, etc. 1812 1

 

No. of commitments

 

Names

 

Ages

 

Crimes

 

When and where tried

 

Sentence

 

125

 

Giovanni Astardo

 

15

 

Privately stealing in a shop

 

Old Bailey 22 January [1812]

 

Death

 

125

 

Francisco O’Bran, convicted by the name of Giovanni Astardo

 

15

 

Privately stealing in a shop

 

Old Bailey 22 January 1812

 

Death

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Old Bailey c. 22 Jan 1812 trial   2

[Claudius Stephen] Hunter, Mayor.

Second Session, 1812

108.

   159. GEOVANNI [sic] ASTARDO was indicted for feloniously stealing, on the 15th of January, two pair of pearl ear rings, value 10l. [10 guineas] a pearl ring, value 1l. [1 guinea] and a diamond ring, value 5l. [5 guineas] the property of Christopher Love and Richard Butler, privately in their shop.

   George Pizey. I am clerk to Robert Garrow, jeweller, I was accessary to the prisoner’s apprehension.

    Q: RICHARD BUTLER, JUN. Have you any share of the business of Messrs Love and Butler.
    A: No, the partners are Richard Butler, and Christopher Love, they keep a jeweller’s shop, No. 6, Bond-street. On Wednesday the 15th January, the prisoner came I the shop alone, about twelve o’clock at noon.

    Q: Had you any other person serving in the shop.
    A: Yes, Mr David, he is not here.

    Q: Have you more than one counter
    A: Yes, two counters. The prisoner addressed himself to me, he was in the same dress as he is now, I was not at the same counter as Mr Davis. He asked to look at some ear rings, in English, I understood him perfectly well, I shewed him some small gold ear rings, such as foreigners usually wear, he objected to them, and wished to see larger, I shewed him some large ones, he made an offer for them, but did not buy any.

    Q: In the same box in which these ear rings were, were there any diamonds.
    A: No.

    Q: Were there any diamond rings in the reach of were he stood.
    A: Yes, they were open on the counter, they were pearl rings, and a diamond hoop ring that was on the counter.

    Q: How long do you think he staid in the shop.
    A: I suppose nearly ten minutes, he remained all the time at my counter.

    Q: When he went away did you miss any thing.
    A: About five minutes afterwards, when the workman called for them, they were left out for the workman, upon the workmen calling, they were missing.

    Q: From the time that the prisoner quitted the shop, had any other customer come to the shop.
    A: Only one customer came there, and that person we knew, that customer is not here, it was a Mr Croker, a gentleman well known to me, he was the only person except the Italian.

    Q: What did you miss upon the workman coming.
    A: I missed five pearl ear rings, and a diamond hoop ring, value altogether about sixteen guineas.

    Q: Did you ever see any of these things again.
    A: Yes, in the evening, in the possession of Mr Perks the officer, the prisoner was then in custody.

    Q: When you saw the prisoner in custody were you quite sure that he was the person that came in your shop and asked for ear rings.
    A: Yes. The house is in the parish of St George’s Hanover-square.

 

    James Wood. I am a servant at Mr Hamlet’s shop in Sidney’s Alley. The prisoner came to his shop about one o’clock, he asked for ear rings, I desired some to be shewn him.

    Q: Was he stopped while in your shop.
    A: I received some information from Mr Pizey, in consequence of that I stopped him, I went for Perks the officer, I saw Perks search him, there was a tin case found behind him, that he put out.

    Q: Did you see his hands move.
    A: I did not.

    Q: Did you observe any tin case on the counter, before he was stopped.
    A: No, I did not, it did not belong to our shop; and after he was stopped, there was a tin case close behind him on the counter.

    Q: What did the tin case contain.
    A: It contained five ear rings and the diamond hoop ring; then he was taken to Bow street.

 

    Q: –– Perks. You were sent for to Mr Hamlet’s shop.
    A: Yes, I searched the prisoner’s person, I found a passport on him.

    Q: Where was the tin case when you went.
    A: I searched about him, and after that I found the tin case behind the back, containing the articles named in the indictment, together with a pair of cornelian ear rings.

    Q: Did the prisoner say any thing.
    A: No. He pretended not to understand me, I told him to go about his business, he understood that and was going.

    Q: (to Pizey.) Were you in the shop at the time that this man was laid hold of by Perks.
    A: Yes, I was in the shop, I informed Mr Hamlet of such a person being about, we had missed a watch and a pair of ear rings while he was in the shop. When he was taken he was removed into another room where there was a counter, Mr Hamlet removed every thing out of his reach.

    Q: After he was searched was there any thing on the counter.
    A: Yes, he had put his hand behind him, Perks brought his hand forward and said, rascal, what have you behind you, and then I saw the tin case on the counter.

    Q: (to Mr Butler.) Look at these articles, and tell me whether these are the articles that you missed from the counter.
    A: They are, I have no doubt whatever about them.

Prisoner’s Defence. It is not the truth.

The prisoner being a foreigner, was allowed an interpreter.

GUILTY–DEATH, aged 15.

Tried by a Middlesex jury of half English and half foreigners, before Mr Common Serjeant. [NewmanKnowlys, Esq. Common-serjeant]

~ ~ ~ ~ ~ 

Sydney Bench Magistrates, Minutes of Proceedings 25 Sep 1813 3

Bench of Magistrates
Present

The Judge Advocate [Ellis Bent]
A[lexander] Riley Esquire
D’Arcy Wentworth Esquire
S[imeon] Lord Esquire

1

    Francis Hobra, (A Prisoner per Fortune [2]) is charged with unlawfully assaulting one Andrew Snowden, a child of seven years old, with intent to commit an unnatural crime on the body of the said Andrew, at Parramatta on the 14th day of September instant [1813].

    The Prisoner says that his name is Raffaell Estade, and that he is not Guilty of the charge –

    Sarah Snowden, sworn and examined in support of this charge, I live at Parramatta. I am the wife of Andrew Snowden. I have a son of that name. He was seven years old last March. I am acquainted with the

2

prisoner at the Bar. On Tuesday week last about six o’clock he came to my house. He then went away to carry some spirits for one Grice to Piesleys. He returned with Grice and Francis Dalton and had a hand full of new marbles with him. He sat playing for some time with the children at the door showing the marbles. I observed little Andrew going with him and told him not to go away as his supper would be ready. They went out – in about twenty minutes I called the child but received no answer from him. In about two minutes after the prisoner comes in without the child. Dalton & Grice were there: Grice or Dalton asked him to drink some porter. He said let Mrs drink. He looked very pale and trembled. I refused to drink – He refused to drink & said NO very loud, & went immediately out of the door & I saw him pass the window. He had not been out two minutes before I heard the screams of the child. I ran immediately to the place where I heard the screams and there the child stood, with his trousers down, holding them in hand and the blood running down to his heels.

He said that (Bran ?) had run a stick up his bottom. I understood him to mean the prisoner. The prisoner came to the child & denied & said how can you tell lies. When I went out the prisoner was not within a hundred yards of the child. I ran into my house with the child. I showed Dalton the situation in which the child was. His little body was (down ?) & the blood was running down his heels & dropped on the floor where he stood. – I (directed ?) Dalton to take the prisoner in charge while I went for a constable. I went for a constable but the prisoner was gone when I returned. I found a shilling bill in the place where he had the child; and also a new tobacco pipe which Grice gave him. He took the pipe out in his hand when he went out with the child. I saw the prisoners Trousers – there

3

were marks of blood on one thigh.

    Francis Dalton sworn says: I recollect going going [sic] to the house of Andrew Snowden with the prisoner on Tuesday evening the 14th Instant. James Grice was with him. I did not see the prisoner go out but I saw him come in. I did not take notice of his being pale or agitated because I was talking to the other man. I heard Mrs Snowden call the child but it made no answer. I heard a child scream. I cannot say the prisoner was in the house, because I ran out & saw the child. His trowsers were down & he screaming. Mrs Snowden brought him in. The child said that (Bran ?) hurt him with the stick. I saw the state in which the child was in. He was bloody, I mean the child’s fundament. It appeared to me that he was hurt. We took him while Mrs Snowden went for a Constable & he was struck & beat out of the house.

    The Prisoner denies the charge, but does not call any witnesses.

    The Magistrates adjudge that the prisoner is Guilty, and that he receive One Hundred lashes in the Publick [sic] Market Place at Parramatta on Thursday next, and that he be exposed in the Pillory there on the Thursday following for the space of one Hour, between the hours of Seven and Ten o’clock in the Forenoon, that he be further confined to a solitary cell in His Majesty’s Gaol at Parramatta for One Calendar Month & then sent to New Castle & there kept to hard labour for Three years.

~ ~ ~ ~ ~ 

The Sydney Gazette and New South Wales Advertiser, Sat 25 Sep 1813  4 

SYDNEY.

Sitting Magistrate – W BROGHTON, Esq.


    This day a Bench of Magistrates assembled, before whom Francisco O’Bragh, a foreigner, was convicted of an assault of a horrible nature; and sentenced to receive 100 lashes at Parramatta on Thursday next; to stand in the pillory an hour on the Thursday following; to be imprisoned in a solitary cell one month on bread and water only; and to be afterwards sent for three years to Newcastle, there to labour in the coal mines.

~ ~ ~ ~ ~ 

Col Sec's Office, Sydney, Letter to Lieut Thomas Skottowe, Commandant, Newcastle, 2 Nov 1813  5 

283

Secretary’s Office Sydney
2 November 1813

Sir
    The Government vessel Estramina which is to sail this evening for Newcastle carries with her Six Men and two Women Prisoners (Names and sentences as per accompanying list) [see table below] who are to be employed in the usual way except Francis Hobra who is specially sentenced by the Bench of Magistrates to work in the Coal Mines.

    If the Government vessel Lady Nelson has not left your Harbour in pursuance of her original Voyage to Norfolk Island you will please to hasten her departure as much as in your power.

    The Estramina is to be laden with Coals and Cedar; as this latter Article is very much required for the Public Works at Sydney, the Government requests that you will make use of every means and exertion within your power [to] procure large

284

supplies, and you will to send some by every future (opportunity ?).

    I have the honor to be
        Sir
    Your obedient servant
[Signed] John Thomas Campbell
Secretary

~ ~ ~ ~ ~ 

A list of prisoners to be sent to Newcastle, 2 Nov 1813

 

Ships came by

 

Names

 

Free or Convict

 

By whom committed

 

(Tried ?) When

 

Sentence

 

Vessel sent by

 

Fortune (2)

 

Francis Hobra

 

Convict

 

Bench of Magistrates

 

25 September 1813

 

3 years in the Coal mine

 

Estramina

 

To John Thomas Campbell Esq 

 “Signed” Daniel Cubitt

 

Secretary  Gaoler [Sydney] 

 


1  PRO 2734, HO 26/18, Criminal registers - series 1, Newgate, etc. 1812, pp. 2, 80.

2  PRO, Old Bailey Session Papers, FM4 5846, Roll 25, pp. 108-9. Emphasis added.

3  SRNSW: NRS3397, [SZ774], Minutes of Proceedings of the Bench of Magistrates, 10 Apr 1813–31 Dec 1814, COD235. Emphasis added.

4  The Sydney Gazette and New South Wales Advertiser, Sat 25 Sep 1813, p. 2.

5  SRNSW: NRS936, [4/3492], Col. Sec, Letters sent, 6 Jan 1810-16 Dec 1813, pp. 283-4, R6003. Emphasis added.