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Some people certainly do have a warped sense of humour,says he !!!
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Subject: The Matthew Mahide Story -1841 - Convict ______________________________________________________________________________
You know,Folks,my life would seem to be governed,to some degree,by either some "chance" encounters,by the toss of a coin,or something just turning up,out of the blue,especially when it comes to Research.
The information contained in this new batch of sheets/pages came about as a result of my attending the Brisbane,Annual General Meeting,of the Genealogical Society of Queensland,on Saturday,20th.September 1997.
This was the same day that I was due to play the semi-final of the Lawn Bowls Pennants Competition at a Brisbane Bowls Club,commencing 1.00pm. The AGM started at 10.00am but finished at 11.30am and as I had about one hour of free time I decided to have a look around the GSQ to see if they had the various Irish records and whether they would provide more details or information than that which I had gathered from other sources.
The Irish Convict Reference Microfiche were available,and a fiche monitor was vacant,so I thought I would check out my James Mahady,just hoping that I might find something more about him. By sheer chance,I had picked up the wrong fiche which I then found had the name Matthew Mahide,Convict No.2794, but not much else,and so began a search for my namesake which resulted in a most interesting story about one of our Family,which I now lay before you and let each of you absorb the trials and tribulations of a Mahady Ancestor.
Irish Convict:- Matthew Mahide - 1841 - ex-Tipperary - 7 Years
Transported to Van Diemens Land
This Convict was found during a recent search at the Genealogical Society of Queensland,Library, by chance, and these following details were forwarded to the A.G.E.C. at Kiama on 28th. September 1996 for any further information they may have in their microfiche records:-
Microfiche 880/001 - Mathew Mahide,Age 25 Years,Ship - Waverley,Year -1841 Frame 0173/6P. Reel P1 - 3. Roll CY 1197. Microfiche 880/003 - Matthew Mahide, Age ??, Ship - Waverley, Year - 1841. Frame 0690. Reel P3 - 3. Roll CY 958.
Correspondence was forwarded to Brian O'Connell, Limerick and the Archives Office, Tasmania on receipt of the following details from A.G.E.C. at Kiama.
Matthew Mahady was convicted at his trial, at Tipperary, on 5th. March 1841 of stealing a firelock (gun) and was transported to Australia for seven years. He was sent to work at a place called Jericho, which is a small hamlet about thirteen (13) kilometres from Oatlands and approx. eighty (80) kilometres from Hobart,Tasmania
Further details from documents received from Kiama.
(14P) Mahide Mathew. 7 Years. Labourer. Stealing a firelock (gun). Resided and sentenced at Tipperary. One year probation. Sent to Jericho.
(No. 97) Mathew Mahide. Stealing a gun. 7 Yrs. Tried 5th. March 1841, Tipperary.Age - 25. Height - 5ft. 5ins. Blue eyes. Dark hair. Fresh complexion.
Details were found at Redland Genealogical Society and Brisbane National Library regarding the Ship - Waverley:-
Waverley - 436 Ton Barque. 25/4/1841 ex-Dublin - Bahia - Hobart - Arr. 12/9/1841 140 days -176 males - 2 deaths on board.Refer AJCP Reel 3212. Master - Jas. Morgan. Surgeon - Thos. R. Dunn.
Research locations in Tipperary:- Tipperary North:- Tipp.Nth. History Foundation, The Gatehouse, Kickam Street, Nenagh, County Tipperary. Phone No.- 067 33850. Tipperary South:- Bru Boru Heritage Centre, Cashel, Co.Tipperary. Ph. 062 61122. Tipperary Heritage Unit - The Bridewell, St. Michael Street, Tipp. Ph.No.062 52725 ***************** The National Archives of Ireland URL Site - http://www.kst.dit.ie/cgi-bin/naisearch01 These search results indicated basic details for M. Mahide plus Doc. Ref. TR 4, Pg. 156.,with further Research required. ******************
Note:- The following pages are the exact details as deciphered from the documents received from the Tasmanian Archives Office on Wednesday 21st. November 1996 and should be read in conjunction with the following guidelines:-
(word?) indicates that the word in brackets was either difficult to decipher,due to a faint copy,scribbled writing or abbreviated mode, but considered correct.
(word??) indicates that the word in brackets was more difficult to decipher, for the same reasons as above, and although considered as being correct should still be treated with caution until confirmed from some other source.
(word???) indicates that the word in brackets was much more difficult to decipher and should not be fully accepted as being correct,if at all, and may only be shown here for the purpose of future viewing, in the event that at some later date we may find reference to the word or circumstances in some other document.
(word????) indicates that the word, or whatever, was indecipherable,but has been shown here, either for continuity or future reference.
*********
Sheet 1 Name - Mahide (phonetically judged to be Mahady) No.2794.Con. 33/12 Arrived Van Diemens Land on 12th. Nov.1841 on Waverley (1) Tried Tipperary 5th.Mar.1841. 7 Yrs. (embarked?) Jericho 13th. Sept. 1841 Roman Catholic - Cannot read or write.
**** **** ****
Transported for stealing a gun (stated?), this offence. Stealing a firelock & powder from (Rhodes?) Colley. Once for possession - 7 hours confinement.
Surgeon Report - [No. of offences] [ (????) employed][General Conduct] Good. Trade - Farm labourer - Age 25 - Height 5ft.5ins. - Complexion fresh - Head large - Hair dark brown - Whiskers dark br. thin - Visage oval - Forehead high - Eyes blue - Eyebrows black - Nose long - Mouth medium - Chin broad dimpled - Native Place Tipperary - Remarks Pockpitted and freckled.
Period of probation - one year, Station of Gang - Jericho 24/2/1842 PB. Class of prisoner - 1st. PPH 3 Class. [Offences and sentences] 13th.Sept. 1842 - Original term of probation 24/9/1842. Supt., 23rd.June 1843 (Mackay Sorells??) Neglect of duty.One month hard labour and return to Govt. /PM/B. River,afterwards ???? reported/Jm/Vide extract for GSPR 23/6/1843.20th. Mar. 1845 - Ticket of Leave.
21st.Sept 1845 - Conditional Pardon Approved.
N.B. - These notes were on the right hand panel and could be official reports. Mild and good 3/42. DoL. 4/42. 5/42. Do. 6/42Do. 7/42. Do. 8/42. Mild and Good 26/11/1842 D. Mackie,Pittwater. 4/7/43 PB. 5/7/43 BR. 24/8/43 PB. 2/9/43 (Perth??) 2/9/43 (M.Striglite) St.Pauls Fingal.4/3/44. (Perth?) 9/3/44 W. S. Burt. Adelphi.
Recomm. for conditional pardon within the circuit of the Australian colonies & New Zealand - Govt. Gazette 14/4/46.
These remarks were on the left hand side panel of Sheet 1 and could be related to reports from various areas where Matthew Mahide was serving out his sentence.
22/10/41, Jericho. 25/2/42, off. 25/2/42, Fingal off. 30/12/42, (Rooke???)29/6/43, off. 11/7/43, BR off. 8/9/43, Fingal. 19/3/44, off. 9/8/44, (Westly??) 18/8/48, G. Launc. off.
Certif. 31/3/48 - At this part of the sheet a diagonal line was drawn from left to right,which would seem to indicate that the documentation was finally closed. However, a final comment was handwritten on the bottom left hand side of sheet, as follows:-
Memo - Sentenced to be hanged at Launceston (Supreme Court??) 4th. Oct. 1848 for robbery,being armed.
***** ***** *****
Sheet 2 had a duplicated list of personal details as listed on Sheet 1, such as Trade, Hair, Eyes and was numbered as CON 18/29. Sheet 3 was of two pages and numbered CON 14/9 with the details being listed from left to right, in panelled format, with various headings such as Age, Height etc.
Sheet 3 Number 2794 (Pri?) :- Mahide Mathew -Tipperary - Age 25 - Height 5ft 5ins. Farm labourer - Single - RC - Cannot read or write - Tried 5th.Mar.1841 Tipperary for possession of firelock from (Rhodes Colley?) - Sentences were once for possession = 7 hours confinement and now 7 years transportation.
The final part, which was in the remarks column, was extremely difficult to decipher,however, after studying other portions of the page and comparing the writing and various words, I determined that the letter B listed was for brother, followed by (Conn ?) and then (Tern??) with the two names Michael, Patrick at the end. I somehow feel that Conn/Tern, or whatever they are, might be an abbreviation of some position as held by the brother(s) as none of the other names, listed on the same column of this sheet, had other than Edward, Patrick, Mary or Margaret and not,(Conn??.Tern??.Michael Patrick). The Conn & Tern words are as close as I can make out but could be other variations, due to running writing and probable unknown abbreviations.
Should any future information, or interpretation, come to hand from any source, such as Tipperary etc I will inform each of those to whom a copy of this has been sent. I would also request that if any of you have any suggestions as to what these words could possibly be, then by all means, please let me know as soon as possible.
You know,in one sense, the finding of this new Convict was really terrific but, in an other sense, it really means that I have given myself lots more work in finding out more about him, and even though he was hanged, for the reason stated, I will still continue to give him the benefit of doubt, regarding his guilt, as here was this fellow transported all that way from his home, separated from his loved ones, and unable to read nor write. When we read this sad story,how can we begin to understand the hardships he had suffered, either at home in Ireland or when he arrived in Hobart and sent off to Jericho,and of course how did he fare between his 1847 Conditional Pardon and his 1848 hanging, just over one year later. "Vigilo et spero"
The Blackfaced Robbery at Snake Banks Typed copy:- 10/3/97
Cornwall Chronicle. Dated Saturday 7th.October 1848.
Prisoners at the Bar:- Matthew Mahide, Thomas Mayer and John Kelly.
Members of the Jury as sworn:- C.J.Weedon, Charles Grant, William Carpenter, W.S.Button, Thomas Fuller, William Beveridge, John King, James Henry, Joseph De Little, Henry Reading, Thomas Button and Thomas Gould.
Matthew Mahide, Thomas Mayer and John Kelly were indicted for assaulting and putting in bodily fear with a pistol on the 30th. June last, Susan Stancombe, wife of George Stancombe, and stealing 2 half sovereigns, 90 fourpenny pieces, one foreign piece of the value of 3d., 2 spoons value 15s., 3 watches of the value of twenty pounds, 8 promissory notes of one pound each, the property of George Stancombe ; they were also further charged with assaulting with a pistol, and putting in bodily fear on the same night,George Stancombe, and with stealing 10 pieces of coin of the value of one shilling, 10 lbs. of beef 2 shilling, 4lbs. of bread plus 1 shilling, also the property of the said George Stancombe, to which they pleaded not guilty.
Mr. McDowell was retained for the defence.
His honour remarked that there being two separate counts, the Solicitor- General must decide which he would proceed with.In support of both the counts being retained, the Solicitor-General cited a case of Arson, where there were five distinct houses, belonging to five different parties, constituting five distinct felonies, and which were all included in one indictment. His honour ruled that Stancombe's was not one transaction, though committed at the same time. The case then proceeded.
Robert Vanderville, sworn.-- Am District Constable of Launceston ; know the prisoner Matthew Mahide ; do not know where he resided before his apprehension ; after I apprehended him he went to a hut at Emu Plains ; apprehended him in Charles Street, Launceston ; the hut was situated about a mile and a half from Westbury ; it was on Sunday 9th. July that I went to search a hut ; went there from information received from Mr. C. D. Davis that Mahide lived there ; arrived there about half-past 9 on Sunday morning, saw the prisoner Mayer there and prisoner Kelly ; commenced searching the hut, and found between the bed and sacking a pistol (produced) ; found a waistcoat and in the pocket 15 fourpenny pieces, a Spanish coin, some loose powder, loose caps, some small slugs, a small pistol flint, a worsted cap in the same room, a small purse in Mayer's room containing gun powder, also another small bag containing a black powder, a small fowling piece, a coat and trousers ; I brought them all to Launceston ; they were afterwards given to Mahide to put on ; by order of Mr. C. D. Davis ; they were first placed in a cell in the watch-house on the 7th., the day I returned ; Mahide put them on when he was remanded, and said they belonged to him ; when they were shown to him he said 'they are mine',put them on and took them to the gaol; but he has not that coat on now ; when I found the prisoner Mayer and Kelly I took them into custody and brought them to Launceston.
Cross-examined by Mr. McDowell.-- The hut contained two small rooms and a sitting room ; Mahide was not there ; saw a man named Cronin in the sitting room dressed ; am not positive whether he had a waistcoat on ; did not take him into custody ; do not know where he is ; saw him at the Police Station ; yes I do have occasionally business with clearances to Port Phillip ; have not been looking for him lately ; do not know whether he is here in court or not ; should know him if I saw him again ; found nothing in the sitting room ; Mayer was not at his breakfast ; saw Kelly and Cronin in the sitting room ; the waistcoat was found in a bed room hanging on a nail behind the door ; it was not the bed room in which Mayer was sleeping ; the cap was in the room where the waistcoat was found ; the gun also, was found in the same room ; the two small bags found in the room where Mayer was, the other where Cronin was ; did not apprehend any other persons besides the prisoners on that charge.
Thomas Jenkins,sworn.-- Am Constable in Launceston ; know the prisoner Mahide ; he said he lived at Emu Plains ; went to Emu Plains on Sunday the 9th. July with D. C. Vanderville ; executed a search warrant at the hut of a man named Jeremiah Cronin and Mahide ; saw the prisoners Mayer and Kelly, the latter being in bed,I ordered him to get up ; then I searched the premises and found this pistol (produced) between the bed and the straw ; found a coat and a pair of trousers ; found the coat at the foot of the bed where I found the pistol ; and the trousers hanging behind the door of the same room ; took them away ; they were afterwards given to Mahide in the Watch-house at Launceston ; It was a blue rough coat which I found at the bottom of the bed, but he does not have it on now ; I heard him say that it was his ; saw D. C. Morton find a waistcoat behind the same door that I found the trousers ; saw a quantity of fourpenny pieces taken out of the pocket and also a foreign piece of coin, a knit cap under the same bed with a pistol.
Cross-examined by Mr. McDowell.-- Was in company with Vanderville when he apprehended Mahide ; asked him what and who he was ; he said he was a farmer, a free man and lived at Emu Plains ; he had on a blue dress coat and drab trousers ; found a coat, waistcoat and trousers at Emu Plains and brought them to Launceston, gave him the coat and trousers but did not give him the waistcoat because it had the money in the pocket ; the waistcoat was not tendered ; I asked him if he had ever seen that pistol ; he said he never saw it before, but when shown the coat and trousers he said they were his ; never told any body in confidence or otherwise that when I handed him the coat and trousers, he did not make any remark, never said so in my deposition on oath ; I said on the 13th. July that I had brought this coat and trousers into Launceston and saw the prisoner Mahide put them on at the Watch-house ; never said he made no remark when he put on the trousers ; did not try the night cap on Cronin ; do not know where he is ; asked him if he had ever seen the pistol and he said he had not.
Richard Davis,sworn.-- Am C. D. Constable of Launceston ; know the prisoner Mahide ; first saw him on the 6th. July to the best of my recollection the day before he was apprehended ; it was on a Thursday, at a place called Emu Plains about a Mile and a half from Westbury, at a hut where he had then stated that he lived, and also that he was in partnership with a Cronin ; saw him at this hut ; saw Cronin also there ; Mr. Morton, D. C. of Westbury went with me, have never been there since ; myself and Mr. Morton were in the hut when Mahide came in ; he came in immediately after us ; directly he came in he turned to Mr. Morton and said this is the man ; with that Mahide seemed to be very much excited and said abruptly 'What do you mean ?', and I said 'have you not been to town lately?'he said 'no I have not.'He had on a pilot shooting coat ; saw him before he was apprehended ; he was dressed quite differently ; after he was apprehended he had on a blue dress coat , drab trousers, a broad brimmed hat ; saw the coat and trousers brought from Emu {Plains ; that was the way he was dressed when at Emu Plains, except the hat which was a slouched one ; the coat he had on the 6th. July, appeared to be the same coat brought in by Constables Vanderville and Jenkins ; did not notice the waistcoat he had on at Emu Plains ; Mr. Morton searched the hut on the morning of 6th. July in my presence, but we did not find anything ; it is a little hut having a partition put up making three rooms ; there were beds in two of them ; saw both beds turned up ; there was straw under the beds ; saw one of them turned up but saw nothing ; if the pistol had been there I think I must have seen it ; Mahide and his mate were talking but I could not understand what they said ; I asked Mahide 'Who sleeps here? ' he said ' I do' ,that was the bed the straw was under ; there were two or three waistcoats hanging up just against the corner cupboard ; saw Mayer about twenty yards from the hut , that morning ; asked him whether he had been to town ; he said he had.
Cross-examined by Mr.McDowell,-- It was on the 6th. July I made the search ; did not ask Mahide who slept in the other bed ; Cronin showed me the other and told me it was his bed ; I think the pistol could not be under the bed at the time of the search on the 6th. July ; saw Mahide on the following day at the Court House ; don't think it possible for Mahide to visit the hut between the 7th. and 8th. July ; Mayer I saw on an adjoining farm at the same time, and asked him if he had not been in town ; and what business he had been doing ; did not ask where he stopped, did not apprehend a man named Murphy at that time, but he was in my custody, and then sent to gaol ; he was brought before the Police Magistrate two or three times ; he was taller than any of the prisoners at the Bar ; do not know where he is now ; have never seen him since ; have not seen Cronin lately.
By the Jury,-- There is only one door in the hut which is in the centre ; any person being in the hut could not go out without being seen. Constable Jenkins, recalled.-- There are three bed rooms in the hut ; the room searched first was the one just inside the door.
Cross-examined by Mr. McDowell.-- Jeremiah Cronin told me that Matthew Mahide occupied the hut the things were found in ; never said to my knowledge that I swore that the hut was occupied by Cronin.
Susan Stancombe,sworn.-- My husband's name is George Stancombe, he keeps the 'Eagle's Return' at Snake Banks ; remember the night of 30th. June last, it was a Friday ; there was a robbery committed ; four armed men came there about 8 o'clock in the evening ; it was very dark ; heard a knock on the door, and my husband went, and I followed him ; he opened the door and in walked two men, they had two pieces ; one was a double barrelled one and the other a single ; then one ordered the other to tie my husband's hands behind his back with a piece of cord which he did ; he was then ordered to the kitchen, where he went ; they then ordered me to show them where the money was, which I did ; when I came to my bed room there was another man holding a pistol ; they followed me to the bed room where there were now three of them together ; I took particular notice of the arms each one carried ; one had a double barrelled piece ; one a single piece and the other a pistol ; the two men who came in first had guns and the man whom I saw at the bed room door had a pistol ; he had on a black hat and a big coat ; he had not on a grey cap ; one of them, (the tallest of the three) had on a grey knit worsted night cap ; it was exactly like the one produced ; he had it drawn just over his eyes ; his face was spotted black, and he had a white cloth across his nose ; the other man who came to the door, who tied my husband's hands had on straw hat and a great coat ; his face was also spotted like the others ; he had nothing more than a straw hat on ; went towards the back door with my husband ; in the bed room they bid me show them the money ; I unlocked the drawer where I keep the money ; I held the light ; they then searched the drawer and took all the money they could find ; they took eighteen one pound notes and ninety fourpenny pieces ; they were done up in a little brown purse ; two half-sovereigns, one of which was crooked ; a little French piece was amongst the fourpenny pieces ; the piece produced is the same ; I know it from seeing it so often with the little girl, the mark is the same ; the half-sovereign is just like the same ; I will not swear to the identity of the half-sovereign ; though it is bent in the same way as the one that I lost ; the man that took the fourpenny pieces was the man who had the pistol ; he took all of the money spoken of, and and the two silver spoons from the same drawer ; I know the middle prisoner of the three (Mayer) ; and the man nearest me (Kelly) I saw about a fortnight before, but I have no recollection of having seen him on the night of the robbery ; cannot recognize him as being one of the men ; the black spots disfigured their faces very much, but the one who took the money would not show his face, his hat came over his eyes, the prisoner Mayer is one of of the three who was in the bed room, only saw the lower part of the face of the man who took the money ; the middle man in the bed room stands in the middle here, he was one of the two who came to the door and came in first, after taking the money, they searched a box and found a watch in it, the same man who took the money,took the watch and put it in his pocket ; they then took two watches which were hanging over the fireplace in the bed room ;
they then ordered me to show them where the bar was ; did so - they asked to draw them two bottles of brandy ; told them to draw it themselves as I could not do it,I did not feel well and asked them to let me go into the kitchen to my husband, which they did, leaving them in the bar - when I got to the kitchen door, there was a man with a double barrelled gun guarding my husband and the servants - did not see his face at all, only the piece which shone in the candle light, about ten minutes or a quarter of an hour, until they were gone, did not see any more of them - I was ill and very much frightened, was afraid they would injure me, therefore I opened the drawer, the fourpenny pieces belonged to my child, who will be twelve years old next January, all the rest belonged to my husband ; cannot say anything about the notes at all, cannot tell whether they had the word promissory on them, they were payable in the colony, one of them in Hobart Town, and the others in Launceston - the half-sovereign belonged to my girl, the watches were our property - saw Mayer next day after the robbery was committed, at Launceston, he was ranked up between 15 or 16 others, and I picked him out as one of the men.
Cross-examined by Mr. McDowell.-- There were two men entered at the front door. The middle one here (MAYER)is one of them ; he was armed with a gun ; I saw him afterwards in the bed room, and he was then armed with a gun ; I am quite certain Mayer was armed with a gun and that he was in the bed room ; I have not said he was armed with a pistol ; the two men in the bed room were armed with guns, and Mayer with a pistol. (The learned Counsel read from Police office evidence 'as far as I can remember, Mayer was the man who had the pistol'). The shortest man in the bed room was Mayer. I see there is one here shorter than Mayer ; had seen Kelly about a fortnight or ten days before ; he had slept there that night ; the other prisoner I have never seen before to the best of my recollection ; the fourth man stood outside at the kitchen door but I did not see his face ; it was dark when they entered and I was very much alarmed ;I know the foreign coin is a French piece, but whether it is a French or Spanish piece, I know the one present is the same ; I recognize one fourpenny piece by its being very much pitted, and one has a little bit taken out, and one is marked with a nail.
George Stancombe,sworn.-- Keep the 'Eagle's Return' am husband of the last witness ; remember the the evening of 30th. June last. I was sitting in the bar parlour about 8 o'clock, and I heard a knock at the front door, I opened the door and two men came in with two pieces, one had a fowling piece and the other a pistol, one had on a pilot cloth coat, the other a blue woollen shirt, and their faces were marked with charcoal, one had on a piece of calico under a grey cap, which reached down nearly to the nose ; one was taller than the other, the tallest man had on the grey cap ; cannot tell which had the pistol, but to the best of my recollection, it was the shortest ; the man with the fowling piece told me to stand or else he would send the contents through me,he then ordered the other to tie my hands behind me, which he did,and then marched me towards the kitchen,and as I went by the the bar parlour, there was another man standing there, with a piece in his hand, and near the back door, another was standing, being four altogether.
The man at the bar parlour door, was armed with something, but I could not tell what it was ; I was in the kitchen about a quarter of an hour, a man standing at the door all the time, with a gun in his hand ; there were in the kitchen four servants, besides my little girl ; did not see the man's face who kept guard at the kitchen ; did not see anything until I went into the bar parlour, they were then drawing. I had a cask of spirits, a quantity was was thrown about the room, there was also a case of bottles of gin, they took eight or nine shillings from my pocket ; saw their faces, but cannot recognize them again, as they were blackened, had seen the notes almost every day in the drawer, but cannot say how many ; know there were notes in the drawer, know there was one Hobart Town note, know it was was a one pound promissory note ; there were a great many fourpenny pieces the property of my daughter ; she is a child approaching twelve years of age ; cannot recognize the half-sovereign ; the silver spoons were my property, brought them from England with me.
Cross-examined by Mr. McDowell.-- One of the men who came into the front door was nearly as tall as myself ; believe one of them I picked out at the yard is the same,but am not positive ; the man who came in was considerably taller than either of the prisoners present, the shortest man had the pistol, the tall man was the one who had that kind of covering over his face, the others were blackened only.
Re-examined.-- The tallest of the men present at the night of the robbery is not here now, the heights of the others were somewhere about the same as that of those now present.
Charlotte Stancombe,sworn.-- Am twelve years old next January ; am daughter of the last witness, was at home on the night of the robbery, on the 30th. June last, saw the men were armed ; two years previous, my mother gave me ninety-four fourpenny pieces, there was also amongst them a French piece, which I had on the night of the robbery, also a crooked half-sovereign was amongst them ; I and my mother looked over them, I had this foreign coin produced, there was was also another foreign coin larger than this, another I know by the reading on it, and by the bruises on one side. I know this piece (produced) by its being bitten ; I know another fourpenny piece by the name on it, I also know this piece by its having a piece out of it ; the half-sovereign is exactly like mine, it was bent like mine, but cannot say whether it is the same, do not know any more ; some of those I lost had holes in them, I kept them in my mother's drawer in a little brown purse. James Woodley,sworn.-- I drive a conveyance to Carrick and back, also carry parcels ; know the prisoner Matthew Mahide, took him him up on the conveyance, on Saturday the 1st. July, at Mr. O'Donnell's 'Bird in Hand Inn' in Launceston, about half-past three o'clock in the afternoon, and drove him to Mr.Parker's at Hadspen ; he had on a pilot cloth coat, a very old one, not the one he has on now ; saw him at the Police Office about a week later and he had on then the same coat as when I took him up ; he was in liquor but not drunk ; saw him on the next Sunday morning coming through Mr. Reibey's forest on the Westbury conveyance.
James Parker,sworn.-- I kept the public house at Hadspen in the beginning of July ; have seen Mahide before, saw him at my place on the 1st. July,he came on Mr. Woodley's conveyance, he arrived a little after sun-down, he stopped there that night, he was drinking there ; before he went to bed, about ten o'clock, I asked him if he had any money?. He was a little worse for liquor, but not tipsy ; I then went upstairs and when I returned, he gave me one pound eighteen shillings in silver, in the bar, and when I came down again later he gave me seventy-four fourpenny pieces, he had it in a rag and opened it himself, put them on the counter and I counted them, they were all four penny bits, but did not take any particular notice, nor whether any of them had any holes in them ; before I asked him if he had any money he was rolling about , rather tipsy, I caught hold of him, and discovered a pistol in his bosom, which appeared to be loaded ; I asked him for it and and he gave it to me, and when I got it in my hand, found it to be loaded, it was primed and on full cock, when it was in his breast, I saw the handle of the pistol when I took a hold of his coat ; the pistol showed to me at the Police Station was the same as the one taken from the prisoner at Hadspen. Constable Jenkins was the one who showed it to me at the Police office, cannot swear that the pistol present is the same as shown to me at the Police office, that pistol had a stop to the lock, which this one has, it is almost the size but will not swear to it ; after he went to bed, another man came up with me, and looked over his pockets and found three or four cartridges made up with a piece of paper, some of them were slug cartridges ; when I took the fourpenny bits I put them into a tumbler and put it behind the kegs until morning and put the pistol there too, I gave them to him again in the morning, and he went on to Westbury ; during the evening he spent about 14 shillings, treating everybody there ; the coat he had on at the Police Station is the same as he had on at my place.
Cross-examined by Mr. McDowell.--Don't think that the pistol in his possession at my place had the crest on the guard as this one has, but in other respects it does resemble this pistol. He was a little worse for liquor and forced some of my own liquor on me, the cook was rather fresh, but he had none from me ; don't remember that he said why he carried the pistol.
By the Solicitor-General.-- Don't recollect which waistcoat he had on.
John Wm. Glover,sworn.-- Know the last witness James Parker, was in his service, on 1st. July last, know the the farthest prisoner, don't know either of the others, have seen him at my master's Inn, he came in Woodley's cart ; I was sitting in the parlour in front of the bar, he kept walking backwards and forwards, being a little intoxicated, when my master took the pistol from his breast, only observed the trigger and silver plate, it was cocked, the pistol produced is the same, know it by the guard and the piece of silver, saw the prisoner giving my master seventy-four fourpenny pieces ; my master counted them out and gave them to him again in the morning.
Cross-examined by Mr. McDowell.-- Never had the pistol in my master's house, was not near when the prisoner gave it to him, this pistol is the same size, it had the crest and the silver plate, it was put behind the rum bottle, was not near the pistol all that evening.
Thomas Jenkins, recalled.-- Was present when witness Parker was examined at the Police Office, the pistol produced is the one handed to him there - I handed it to him.
Stephen Willis,sworn.-I live at Carrick, was in Launceston on Saturday,the 1st. July, went to Carrick in the same afternoon of the same day, called first at the 'Traveller's Rest' and then at Mr. Parker's, arrived there about six o'clock in the evening, saw the prisoner Mahide, stopped there for about a quarter of an hour, saw the prisoner go outside whilst I was there, saw where he stood, heard him tell a female he would give her a pound,found a half a sovereign wrapped in a piece of white paper, took it into the house and told the people there that I had picked it up, took it home, and kept it a day or two, then paid it to a man called Jesse, a Chandler at Carrick, it was bent when I picked it up, it was bent very much like the one produced and think it is the same ; had some conversation with the prisoner,telling telling him that I had some knowledge of him, he said , 'not you, I have just arrived from Hobart Town,' was afterwards apprehended, and went to gaol, where I saw Mahide, had conversation with him, he said I should not say that he was at Mr. Parker's, I said it would be useless, as there were so many there who knew him,saw Mr. Parker with a good many of the fourpenny bits in a tumbler.
Cross-examined by Mr. McDowell.-- Arrived at Mr. Parker's close on six o'clock,and remained there till nine, picked up the half-sovereign in the street near Mr. Parker's premises, took it to him and told him I'd found it, Mr Parker said there was nobody owned it, it was wrapped in white paper, kept it two days,till Monday, told Jesse of it, and a great many more ; I was apprehended on the Monday afternoon, and was taken to Launceston Gaol, saw Mahide in town the morning I saw him at Parker's, saw him at the 'Bird-in-Hand' Elizabeth Street, about twelve o'clock.
George Warren,sworn.- Drives a conveyance from Launceston to Westbury, and back again, knows the prisoner Mahide, took him from Hadspen to within a mile of Westbury on the Sunday morning, but don't know where he lived.
This closed the evidence for the Prosecution.
There being no evidence incriminating John Kelly,except his being in the hut,His Honour directed the Jury to acquit him, which they immediately did.
Mr. McDowell then rose, and said - Gentlemen of the Jury,-I am here in this case as counsel for these prisoners at the Bar, Mahide and Mayer, charged with the commission of two capital offences.(The subject of the two counts was here alluded to by His Honour, the retention of which the Solicitor- General strenuously advocated by citing other cases in support of his argument, with which His Honour differed, it being the first time a similar case had occurred in this colony. The Solicitor-General ultimately agreed to let the case rest on the first count.)
The Learned Counsel resumed his address.
It was an information of making an assault on Mrs. Stancombe, and taking from her property, mentioned in the indictment, which goods, promissory notes, etc., are stated to be her husband's. It was an important case of life and death, and was of great consequence to the community. The charge of entering a dwelling house on the night of 30th. June, and there with violence - with two others - committed a robbery. Of the perpretation of the robbery, you cannot have any doubt;that the robbery was substantially done; that the four men were armed with guns as was stated by Mrs. Stancombe ; and that, too, on a high road and at such an hour ; but the Jury must be satisfied that there was no direct evidence to convict Mahide, no evidence to show that he was even present at the committal of the robbery, neither by Mr. Stancombe, Mrs. Stancombe, nor the girl - nothing to to recognize Mayer. With respect to Mahide it was different. Mrs. Stancombe's evidence is the only form of evidence which affects him. The Learned Counsel then alluded to the agitated state of Mrs. Stancombe, showing that it could be possible for her, in such agitated condition, to have mistaken his identity. He said there was also an important discrepancy between the evidence both of Mrs. Stancombe and her husband at the Police Office ; and here the Learned Counsel adverted to the different parts of the evidence of the several witnesses pointing out the weaker parts in each case, and humorously alluded to the pertinacity with which Mrs. Stancombe, like all the fair sex when they do think proper to act contrary, adhered to her statement of the French or Spanish coin, giving an anecdote of a seller of rhubarb passing a couple of men in London with a dray, one of whom calling him a Turk, told him to move out of the way - on which, the other said he was not a Turk, but a Frenchman ; well then said the first speaker, he is a French Turk. The learned gentleman said that he would produce a witness who would, if any faith could be placed in Mr. O'Halloran, prove an alibi for the prisoner Mayer, who could not, by any possible means have been present at the robbery at Stancombe's.
Michael O'Halloran,sworn.-- Am licensed victualler residing at Launceston ; know the prisoner at the Bar (Mayer) ; recollect the 30th. June last ; know a man named Kelly who was in the dock today ; Mayer slept at the 'Crown Inn' in Launceston on the night of the 30th. June ; it is my house ; know it from his being backward and forward there during the day ; he had slept there three nights before during the week - the Tuesday, Wednesday and Thursday ; he went to bed between ten and eleven o'clock on the night of the 30th.June; Kelly slept on the same Friday night at my house ; the first night that Kelly slept there was on the Thursday ; recollect Mayer going to the Police office that day ; I cautioned him to get his pass renewed, as it was out on the same day ; I saw him go out for that purpose, and he returned for a shilling to pay for the clerk's fee for filling it up, which I gave to him over the counter ; did not see his pass afterwards ; he left my house early on the Saturday morning after breakfast , in the company of Kelly ; he had supper at my house that night between six and seven o'clock.
Cross-examined by Solicitor-General.-- Mayer was at my house four days and four nights ; believe it was the Tuesday morning he came to my house ; knew Mayer about twelve months before ; he had always been in the habit of then stopping at my house during that time ; he came to his meals regularly, and sometimes between during the four days ; he spent his time at my house more than at any other ; saw both Kelly and Mayer backwards and forwards several times during that day ; and they never went out of the doors after that, that night, but went to bed ; and I saw them again on the morrow, Saturday morning ; they left my house on the Saturday morning, and did not return again ; Mayer did not say when he went out on the Saturday morning of those four days whether he would return again ; I knew that he would return again because he was indebted to me ; did not expect him back on the Saturday ; I could not expect him back because Mr. Fogarty told me they were going into the country ; was examined at the Police office ; recollect a Constable going with me to examine my books ; they are not here now but they are still in the same state ; the account was closed on the first day of July ; I believe Mayer is a ticket of leave holder ; his pass was from Westbury ; it was a five day's pass ; Kelly was a free man ; the last hour I saw Mayer and Kelly on the Friday night was about quarter past ten o'clock ; the last time previously to that I saw them was between six and seven o'clock ; they never went out afterwards.
Patrick Fleming,sworn.-- I was in the employ of Mr. O'Halloran on the 30th. June last ; know the prisoner at the Bar, Mayer, recollect seeing him in the month of June, at Mr. O'Halloran's public house ; Friday the last day of June, I saw him there, I was in company with him and Kelly, between 9 and 10 o'clock ; I had been in their company from before 5 o'clock, up until that time ; saw them on Saturday morning, but do not recollect seeming them leave town ; Mayer and Kelly had also breakfasted in the same room with me. John Kelly,sworn.-- I worked for myself, but had no employment on the 30th. June ; left town on a Saturday, and Mayer was in company with me ; left town between nine and ten o'clock on the Saturday morning ; Mayer had some bullocks to take with him, they belonged to Richard Godfrey, his master ; on Friday night I slept at Mr. O'Halloran's, it was about half-past ten or eleven o'clock, when I went to bed ; it was between six and seven o'clock when we had our tea at Mr. O'Halloran's ; we went out afterwards about half an hour, and returned about 8 o'clock ; Mayer was with me all the time ; neither of us went out again after.
John Robinson,sworn.- Am employed as clerk in the Chief Constable's Office; it is the custom to renew a pass on its expiration ; no fee is demanded or paid on such occasions ; there is no record kept of such renewals ; remember the prisoner at the Bar , Mayer ; recollect his coming to the office to have his pass renewed, but do not recollect the day or date.
Richard Godfrey,sworn.-The prisoner Mayer was in my service for some years; am not certain whether it was on Monday or Tuesday that he took out bullocks for me for town ; it was not on Saturday ; recollect purchasing bullocks on the Saturday 1st.July ;he lodged at a hut belonging to Cronin; in the bush, when in the country ; believe he stopped at O'Halloran's when he was in town ; saw him there on the Saturday ; he was in the town at the time, but was not in my service ; it was on Saturday ; I purchased the bullocks of John Lenton, White Hills, and they did not come into Launceston until the Saturday.
This closed the evidence for the prisoners.
The Solicitor-General then rose and said he wished to address the Jury on the case of Mahide ; but Mayer's he would leave to the Jury, under the direction of the Judge. With respect to Mahide's case, it was quite different ; my learned friend has stated that there was no direct evidence against Mahide, but there was the purest circumstantial evidence. The learned gentleman adverted at some considerable length to the chief points of objection raised by the Counsel for the prisoner, and concluded by hoping that the Jury would view the case in an enlightened manner, and if there was any doubt respecting the identity of the prisoner to frame their verdict accordingly.
His Honour having read the indictment said that, with regard to Mayer, Mr. O'Halloran had proved an alibi, if he could be believed. With regard to the state of Mrs. Stancombe through fear, she could not be supposed to identify him ; Kelly confirms the statement of Fleming and O'Halloran, opposed to the evidence of Mrs. Stancombe. Of the robbery there was no question ; but the query was, who are the parties ?. His Honour then alluded to the discrepancy of Stancombe and his wife, and adverted cursorily to all the points of the evidence, explaining the various circumstances to the Jury who, on his Honour being about to read his notes, said there was no necessity for doing so, as they were satisfied. They then retired for about an hour, and on returning, found a verdict of 'Guilty' against Mahide on the first count, and acquitted Mayer. The Jury recommended Mahide to mercy, on the grounds of the absence of any violence.
Note :- Unfortunately at this stage I do not have any further information as to why no notice seems to have been taken of the recommendation for mercy, as Matthew Mahide was seemingly sentenced to be hanged, which was carried out on the 7th. November 1848. A full report on the actual hanging has been type copied from a later issue of The Cornwall Chronicle on the 8th. of November 1848 and has been attached to this record of the actual trial.
EXECUTION OF JORDAN AND MAHIDE -1848.
Yesterday morning,at the usual hour John Jordan,convicted at the last Sessions of the Supreme Court,of the wilful murder of Zimram Youram,at Norfolk Plains; and of Matthew Mahide,convicted at the same Sessions of the Blackfaced Robbery under arms,at Mr. G. Stancombe's,underwent the last sentence of the law,in front of Her Majesty's Gaol.
From the fineness of the morning,and the expectation that Jordan would address the spectators,an unusually large number of persons assembled ; among whom ,we regret to say,were many females and children ; but the utmost decorum was observed by all parties throughout.
Shortly before eight o'clock,Mr.Sams,the Under Sheriff,arrived at the Gaol; a guard of H.M.96th.Regt. occupied the space in front of the drop, and a strong body of constables,under the direction of Mr.Chief District Constable J.R.Davis was also in attendance,to keep order. The bell of the Penitentiary Chapel toiled from half past seven to eight o'clock.
At eight o'clock,the convict Jordan ascended the the scaffold,preceded by the Under Sheriff and his javelin men, and attended by the Reverend Mr. Butters, Wesleyan Minister. Jordan was sadly altered since his trial ; he was pale and care-worn in appearance , and had neither coat nor waistcoat on. Immediately on ascending , he approached the front of the platform , and with the permission of the Under Sheriff,he commenced an address to the by-standers - He said he was about to die, and wished to say a few words to them by way of warning. He had broken the laws of his country and in the eyes of the law he was bound to suffer ; he hoped that in a few minutes his spirit would be with his Saviour in a world of happiness ; He trusted he had made his peace with his God and should die happy ; still he felt called on to dispossess the mind of the public, of any erroneous impressions that existed about his case ; to the best of his recollection, every thing that he had said in his confession,was the truth ; it was due to his unhappy relatives and the public to state, that he did not strike the fatal blow, but had interfered to prevent the prepretation of the foul deed. With regard to the hammer, he solemnly declared, on the word of a dying man, that he did not have it in his hand until two hours after the murder had been committed.
It was not for him to implicate others in order to exculpate himself, but it would be some day discovered who actually committed the murderous deed. In the eyes of the law he was guilty, but he did not strike the blow. Some mystery had connected itself to the blood found on McDonnough's trousers, and he begged to say a few words respecting it ;--McDonnough was apprehended on the Friday night and the trousers in question were in his father's loft until the following Tuesday when they were taken away by Constable Goodname, and at that time there was no blood upon them or at least only a speck about the size of a tear.
It was not, he supposed, necessary for him to say how the blood came there, but his father told him and he believed it was so, that when Constable Goodname took away the trousers from the loft there was only that small spot of blood upon it.
[The unhappy man was here interrupted by Mr. Sams, who said a few words to him, desiring him as we have been informed, to confine himself to the points in which he was more intimately concerned, and he then resumed.
He had only to repeat that his former statement was correct, and that he did not strike the blow ; he solemnly declared this before his Maker. His concluding words were 'God bless you all'
At this juncture the other convict, Matthew Mahide, was brought forward, his arms pinioned like his companion, and attended by the Reverend T. Butler. Mahide said nothing, but appeared more dead than alive ere yet the executioner had done his work. After the caps had been drawn over their heads, and the fatal ropes adjusted, the signal was given, the drop fell, and the two unhappy men were launched into eternity. After hanging the usual time, Jordan's body was conveyed to the Colonial Hospital for dissection,pursuant to his sentence. Mahide's remains were taken away in a decent coffin to the the house of Mr. O'Halloran, the 'Crown Inn' where there was a wake at night after the custom of his country prior to internment in the Catholic Burial Ground. ***(Must follow this up)
Note:- During the two months preceding the trial and conviction of Matthew Mahide the Cornwall Chronicle and Launceston Courier had been demanding the introduction of preventative and curative measures to curb the growing number of assaults, robberies and even murders against the citizens of Hobart Town and Launceston.
The trial jury for Matthew Mahide had recommended mercy, on the grounds of the absence of violence, but seemingly it was decided that a public hanging would be more appropriate , which makes me think that perhaps as a sheer consequence of the two newspapers demanding some form of action, or other examples, that the fate of Matthew Mahide was decided upon in order to appease, rather than by or for judicial reasons.
Contributed by
Matt Mahady