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David Pigg (Pegg),
Thomas Thompson, and Richard Anscomb, were
indicted for stealing, in the dwelling-house
of William Henry Warland, at Pages River, five
yards of linen cloth, one jacket, one coat,
two waistcoats, four pairs of trowsers, five
shirts, three blankets, 20lbs. of flour,
20lbs. of sugar, 5lbs. of tea, one compass,
one eye-glass, six gimlets, and 5lbs. of
tobacco, on the 25th of April 1831.
David Pigg arrived on
the
Adrian in 1830,
Richard Anscomb on the
Morley in 1829
and Thomas Thompson on the
Marquis of Huntley
in 1830.
The information
also charged William McDonald, alias John
Whitaker, with receiving the stolen goods on
the 4th day of May knowing them to be stolen.
William Henry Warland
testified in court -
I reside on Page's-river, a branch of
the Hunter, and am a housekeeper; in the
latter part of April I returned home, having
been absent two or three days, and found that
my house had been robbed; I found the overseer
there, as I left him on leaving home; I missed
some wearing apparel, flour, tobacco, tea and
sugar, altogether worth about £20 or more; in
the month following I got some of my property
from Mr. May and
Mr.
Bingle the
Magistrate; I got a blue dress coat, a small
telescope, a compass, some gimlets, and
towels, which were part of the property taken
away on the night of the robbery.
When I left
home, the property was in my dwelling-house,
in care of the overseer.
George
Morris. who was an assigned servant to
Edward Sparke testified -
I know the prisoner,
McDonald; I saw him at Dartbrook, sometime in
April last; he was overseer to my master; I
saw some duck cloth in his possession; there
were three men there, and one of them gave it
to him; there was enough to make a pair of trowsers; the men were strangers to me; the
man who gave him the cloth said he got it from
Mr. Miller; I saw no eye-glass or
compass; I cannot identify any of the
prisoners except McDonald; the three men got
something to eat, and remained an hour; they
were each of them armed. To the prisoner,
McDonald. - When I first saw the three men I
was coming up from the creek, and one of them
presented a piece at me; I called out "For
God's sake don't shoot me, I'm only a new
hand;" you called one of the men Dick, and
said, "I hear you are going to shoot me;" the
man replied, ``I am not going to hurt you, but
give us something to eat."
Corporal John Deane
of the Mounted Police gave evidence -
I am
a corporal in the mounted police; on the 30th
of April last, I apprehended the prisoners, Pigg, Thompson, and Anscombe, about nine miles
from the farm of Mr. Edward Sparke; they were
in a hut at Mr. Buchanan's station; they had
three stand of arms with them; there was a
free man in the hut at the time, who had
charge of it; I apprehended them for being at
large in the bush; I found with them one
powder-horn, two gold seals, one silver
pencil-case, and one snuff-box; I heard they
had a compass and eye-glass, and asked them
where they were; they said in the bush, but I
could not find them; I took the prisoners into
custody; on the 2d of May I went to apprehend
McDonald; he was not at home, and I remained
there all night; I searched the hut, but found
none of the articles of which I was in search;
I found an old shoe and a shirt; the prisoner
McDonald went with me to the place where I
apprehended the other prisoners; he was not in
custody then; he went into the hut first,
while I and my party, who had surrounded the
hut, were making fast our horses; he might
have been about two minutes in the hut before
me; he appeared to know the prisoners; he said
he knew them very well before they ran from
their master, Mr. Miller, in whose service I
had known them; they were out about twenty-one
days. Mr. Bingle afterwards showed me the
compass and eye-glass, but I do not know where
they were found. To McDonald - About three
days before the other three men were taken,
you told me, at Mr. Bingle's that they were
often at your hut, and robbed you of your tea
and sugar.
Constable
John O'Donnell -
I am a
constable; I produce a compass and an
eye-glass, which the prisoner McDonald,
delivered to Mr. Bingle, in my presence, on
the 2d of May; he stated he had been in
company with the corporal of the mounted
police, and saw a bag in Mr. Buchanan's hut,
which, being his, he took away with him; that
on the way back he examined the bag, and found
the compass and eye-glass in it; he also
stated that he had a piece of linen cloth and
a number of gimlets, which he had found in his
hut, rolled up in his blanket, where they were
not when he went away with the police, after
the bush-rangers.
Thomas
Herriot -
I was at Mr.
Buchanan's station when the three prisoners
were apprehended by the police; there was
another man with them, who brought an
eye-glass and a compass with him, and put it
underneath a bag which McDonald, who came with
the police, claimed as having been stolen from
him; McDonald, when he came into the hut, said
"where is my bag?" and one of the other
prisoners said "it is by the fire;" I had
charge of the hut in which the three prisoners
were found; they came there about 7 o'clock
the previous evening; they went away next
morning, and I went to report it to
Mr. (William) Millar, but when I was
about halfway, I met them again on the road,
and they made me turn back again with them,
saying they "could not do what they wanted."
This was the case for the
prosecution. His Honor told the Jury, that, in
the absence of the evidence of the
prosecutor's overseer, who was stated to have
been in the house at the time the robbery was
said to have been committed, they must dismiss
the capital part of the charge against the
three prisoners indicted as principals;
inasmuch as there was no proof of property to
the value of £5 having been stolen at any one
time, which was necessary in order to support
the information, under the Act of Parliament
which constituted the stealing in a
dwelling-house, to the value of £5, a capital
felony. If, however, the Jury believed, from
the evidence before them, that the three
prisoners were concerned in stealing the
articles spoken to by the prosecutor, they
might find them guilty of larceny. With
respect to the other prisoner, who was charged
as a receiver, before they could find him
guilty, they must be satisfied that he had a
dominion over the articles found in his
possession, with a guilty knowledge, previous
to the apprehension of the principals. The
Jury found the prisoners, Pigg, Thompson and
Anscomb, guilty of larceny; McDonald, guilty
of receiving -
Sydney Gazette 17 August 1831
Pigg and
Anscomb were executed in October 1831 along
with
Hugh Carberry who had been convicted
of horse stealing. The Sydney Herald
described their last moments.....Carberry was
attended in his last moments by the Rev.
Dowling; on ascending the scaffold, he warned
the bystanders always to try a friend before
they trusted him; once he had plenty of
friends, but now, in his last moments, they
had all deserted him. He died in peace with
all the world. The Rev. Cowper and Mr. Hyndes
afforded religious consolation to the other
two unfortunate men, who said nothing. On the
drop falling, Anchem (Anscomb), who was a very
muscular man, appeared to expire instantly.
Carberry and Pegg struggled for some time, the
former for full five minutes.
Thompson was
recommended for mercy. William McDonald, who
was convicted of receiving stolen goods was
sentenced to 14 years transportation.
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