My 3rd great grand-uncle Henry Hughes (1838–1907) was an accountant with the Bank of New South Wales. From 1864 to 1875 he was employed in the Bank’s branch at Beechworth, a Victorian gold-mining town.
In Melbourne on 20 June 1864 Henry married Mary Hewitt (1837–1917), daughter of a railway engineer. From the Ovens and Murray Advertiser (Beechworth, Vic) 23 June 1864:
HUGHES - HEWITT. - On the 20th June, at Brighton, Mr Harry Hughes, of the Bank of New South Wales, Beechworth, to Mary, eldest daughter of J. L. Hewitt, Esq., Railway Department, Melbourne.
It appears that Hughes’s previous post with the Bank had been in Chiltern, a gold-mining settlement, lower in the ranges, 15 miles north of Beechworth. In February 1865, soon after his marriage, he arranged for a box of some his possessions to be carried by dray from Chiltern to his new home in Beechworth.
Half-way to Beechworth, the box, padlocked and bound with a cord, was stolen from the dray. It contained, among other items, jewellery, letters, and a Beechworth Athenaeum membership card.
Three men were accused of the theft, tried, convicted and sentenced to long terms in prison.
Ovens and Murray Advertiser, Tuesday 14 February 1865, page 2
BEECHWORTH POLICE COURT. Monday, February 13th, 1865. (Before E. T. Barnard, Esq., P.M.) Stealing from a dray. John Kelly and John Chapman were charged with stealing from a dray. Charles Martin, carrier, residing at Beechworth, deposed: That on the 12th February instant he was coming from Rutherglen, through Chiltern, into Beechworth, with flour and a box belonging to Mr Hughes of the Bank of New South Wales. It was a tin or iron box. He got it at Mr Hughes' late residence, Black Dog Creek. Did not know what was in it. It was padlocked and tied up with a cord. Saw the prisoners about a mile from Chiltern, this side, on the Beechworth road. They were by themselves and overtook witness. They had swags and were walking. Chapman, the tall person, said what will you give a fellow a lift to Beechworth for. Refused to give them a lift. Never saw them before. They put their swags on the back of the waggon. Mr Hughes' box was then in the dray. They followed the dray to Gidley's Gap. The taller person got on the box without witnesses' permission and, said he ought to be glad to have a good, looking fellow like him alongside him. Told him to get down, and remarked him looking at the box, which was close behind him. The address was visible. Hughes, Esq., Bank of New South Wales, Beechworth. The shorter man, Kelly, was walking behind. There were seven or eight men also on the road then. Made Chapman get down, but they shortly after both got up on the back of the dray. Witness had previously allowed a colored man named Johnson to get on the waggon. The three of them were then in the waggon together. Had asked Johnson if they were mates. He said not, but that they were all gamblers and were going to Morse's Creek. They were on the waggon about three-quarters of an hour. Saw the short man Kelly, and the colored man—not here—fumbling with the ticket on Mr Hughe's box as if reading the address- They did not see witness watching them. Told them to let the box alone, as there was nothing in it but dunnage. In answer to this they commenced singing a glee. He knew too much. Ten years on the Woolshed. Had his elbow resting on the box, they left and witness drove on. Prisoners and the colored man followed the dray. Left the waggon at Mrs Gordon's three miles from Beechworth. Put the box on a dray he had with him, and came on towards Beechworth driving himself. The three men were still behind the dray, and they again put their swags on. Going up the hill overtook two drays unable to get up the hill, and turned of the road a little. Saw the box, and the three men holding on to the tail-board then, but soon, there was a great cloud of dust. Witness was then walking, and lost sight of the box off the dray and the men in the dust. Looked back when the dust was gone in a few moments, and the men and box were gone with it. Ran back a mile but could not see them. A man with the other drays said the three men had 'hooked it.' Could not see them, and came on to Beechworth which he reached about twenty minutes after the time. Ran to the Police Camp to give information. Saw the two prisoners crossing Ford Street. Caught hold of the big one, and called to a Constable to run after the other one, who threw down his swag and ran away. The Constable caught him and brought him back, they are the two here who were on the dray. Saw nothing, of the other man. Saw the men searched, and a letter taken from the taller man addressed, Henry Hughes Esq., besides the ornaments, and false, and skeleton keys, produced from the small mans swag. (The implements were such as are commonly used by burglars.) The men had left part of their swag on witnesses dray. In the swags were the articles produced for playing games on the Race Courses. The prisoner Chapman asked witness how many men there were when he missed the box. Witness : There were five men when the box was stolen. I saw you look at the box particularly. Chapman: That is a concocted story. To Mr Winch : The three men only were behind the dray, and disappeared with the box. The other two were walking by his side, and helped to look for the thieves. Constable Nixon deposed: That he was stationed at Beechworth, and was on duty last night, at a quarter past 11 o'clock. Saw the last witness Mr Martin in Camp Street, between the Banks calling for the Police. Went down and found him standing beside the tall man, and pointing after another man running away. He said they robbed him of a box. Kelly was walking fast past Michell's public house. Called to him to stand. He threw away his swag, and ran down Michell's right of way. He took over a six foot fence and fell over. I ran round and caught him before he got up. Afterwards Constable Brown picked up the swag, it was a blue blanket swag, saw it by the light of the public house lamp while he was running away, and afterwards jumped over it round the corner of the right-of-way. Brought Kelly back to the witness Martin, and he said he was the man he wanted. I searched the big man first, he had three gold rings, 30s 6d, a dice box and dice, a letter addressed to Mr Hughes, a gambling cloth, and other articles. They were in a side pocket in his jumper. The rings were in his trousers pocket. The tall man said he did not know the other person at all. There were a good many things in the taller prisoners swag, among them a puff box, containing a pin, chains, seals, and other articles of jewellery. While securing the taller prisoner, noticed Kelly put his hands behind his back, and found behind him the handkerchief containing a members ticket for the Beechworth Athenaeum, with Mr Hughes name, some letters addressed to him, and several other articles. Found other ornaments (produced) in Kelly's pocket. He tried to destroy some of them, by biting them. To Prisoner Chapman: Found one letter addressed to Mr Hughes, in your breast pocket. Prisoner Chapman: No such thing you dropped that, letter at my feet yourself. Harry Hughes, accountant, Bank of N.S.W., deposed, that he knew first witness, and gave him a tin box on Saturday to take to Beechworth from Chiltern. The box was about two feet long, and a foot a-half wide. Did not know all it contained. There were some articles of jewellery of Mrs Hughes, and some letters which he had put into the box himself. He identified several of the articles, produced, an hair chain, a broach, and other things besides the letters produced. He had put all the property into the box himself, (part of these were found in the prisoners swag, some on Chapman's person, and one clasp on Kelly's person). The value of the things in the box was from £20 to £30. Knew nothing about the persons, and never made a present of any of the things. The prisoner (Chapman) said he knew nothing about the box, and had no envelope on his person. He knew nothing of the other prisoner.
The case was back in court a week later.
Ovens and Murray Advertiser, Thursday 23 February 1865, page 2
Wednesday, 22nd February.
LARCENY.
Charles Walker, John Kelly, and John Chapman, were indicted for stealing from a dray.
This was the case of stealing a box belonging to Mr Hughes, of the Bank of New South Wales, from Martin's dray, on the Chiltern road. John Kelly pleaded Guilty; the other two, Not guilty. As we so lately and fully published the evidence in the case it is unnecessary to repeat it.
Eliza Sams, a child who described herself as twelve years of age, but did not look more than eight, and quite understood the nature of an oath, proved that on the day of the robbery she saw Kelly take the box off Martin's dray, and walk away with it into the bush, the other two prisoners accompanying him.
Verdict Guilty. Sentence : Kelly, who had pleaded Guilty, four years on the roads, Chapman, and Walker five years each.
Beechworth is more than 500 metres above sea level; Chiltern is 300 metres lower. The road between, quite steep in places, would have slowed Martin’s dray to a slow plod, making it easy to steal a box off the back.
I have found the prison records of Charles Walker and John Chapman though not that of John Kelly.
Charles Walker was a 20-year-old American black man. He was literate; his trade was tinsmith; he had been a sailor; and he had no relatives in Victoria. Transferred from Beechworth gaol to Pentridge Prison in Melbourne, he was discharged in 1868.
John Chapman, 35, a native of Manchester, was an ex-soldier of the 65th Regiment. He was a cook by trade, semi-literate, and married, with a wife in Beechworth. He had previously been gaoled for drunkenness. Chapman was discharged in January 1871.
A sentence of 5 years for minor theft seems severe by our standards. It was common for the time.
RELATED POSTS
- Henry Hughes (1838–1907) and a breach of trust – a decade later Hughes himself appeared in the Beechworth court accused of fraud. He was found guilty and spent three years in Pentridge Prison.
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