Australian Royalty: Genealogy of the colony of NSW

Sentence details: Convicted at Middlesex Gaol Delivery for a term of life.
Vessel: the ship 'Morley'. Date of Departure: November 1816.

29 May 1816:
CHARLES BUTLER and WILLIAM SMITH were indicted for burglariously breaking and entering the dwelling-house of Henry Whiting, about the hour of two in the night of the 8th of May , with intent to steal, and for burglariously stealing therein, one pair of sheets, value 8s. three shirts, value 14s. six shirts, value 14s. one waistcoat, value 2s. one gown, value 12s. two petticoats, value 3s. three frocks, value 17s. 6d. three pair of trowsers, value 15s. one pair of stays, value 1s. nine pinnafores, value 13s. three pillow-cases, value 5s. 6d. two tablecloths, value 42s. one trank, value 1s. 6d. one cap, value 1s. 6d. five cravats, value 10s. two remanants of calico, value 1s. two remnants of cotton, value 2s. two remnants of linen, value 2s. one pair of silver table spoons, value 1l. 12s. one pair of silver salt spoons, value 6s. one toast-back, value 1s. one pair of candlesticks, value 2s. 6d. one mug, value 2s. five pair of boots, value 2l. 12s. two pair of shoes, value 2s. 6d. one jacket, value 12s. 6d. two hats, value 1l. 10s. one coat, value 10s. one pair of gaiters, value 5s. one pair of knee-caps, value 4s. one silk handkerchief, value 1s. 6d. two pair of gloves, value 1s. and one boy's shirt, value 4s. the property of the said Henry Whiting.

HENRY WHITING. I live in Bellevue-terrace, Ball's-pond. In the morning of the 9th of May, at about five o'clock, I discovered my house to have been broken open; I was called up by some man passing by; I discovered my kitchen shutters to have been opened; it is not a sunk kitchen; they were inside shutters; the glass of the sash was broken, or cut; the sash fastening was forced; it had been fastened by an extra screw. Two holes were bored through the shutters, one with a gimlet, and the other with a centre-bit; they had first made a hole on that side of the shutter which would not enable them to get down the bar; then they made another hole on the other side large enough for them to get their hands through. I then discovered that the things mentioned in the indictment were gone; I discovered a basket was missing, which had been ready placed with the things to go to the mangle. At the lowest rate, the things I lost came to sixteen pounds, eighteen pounds, or twenty pounds; they were all my property; I was the sole occupier of the house, with my family. I can't say I was the last up the night previous; of my own knowledge, I know that the sash of the kitchen was fastened down; I went to bed at about eleven o'clock; I had seen the greater part of the things the night previous, before I went to bed; some I had worn, and some my children had worn. I was not disturbed at all until five o'clock. When I came down stairs in the morning, I found a gimlet in the kitchen, immediately under the shelf; in the front court I found a large oak stick, and the kitchen bar, the bar which fastens the shutters; I found a candle also turned with the wick downwards in a salt-seller in the roasting-jack; there was salt in the salt-seller. I never used a candle in that way. All my properly has not been found.

HOMAS HOWARD . I am headborough of the parish of St. Mary Islington. On the morning of the 9th of May, in consequence of some information, I followed the two prisoners, I took one, and gave the other in charge to a man of the name of Banks; I followed them in Bridle-lane; it was about twenty minutes before six o'clock; it was broad day light then; they were carrying two large bundles. I took Butler myself, and gave charge of Smith to Banks.

CHARLES BANKS. I was present at the taking of these two men.

THOMAS BONE. I was going to work; when I saw them it was half past five. I saw them coming along the fields into the road; that was about a mile from Mr. Whiting's house; they had two bundles; I am sure those are the bundles. I followed them; I took hold of one of them; they were two mighty for me. I was along side of them before the constable came up. Butler dropped his bundle, and I took him immediately. Smith ran away, but was over taken.

WILLIAM BAGNELL. I was about two hundred yards from the prisoners when they were taken; I had seen them with two bundles.

GEORGE NOBLE. I was going to work at about a quarter before six, and I saw these two men with the bundles, and I followed them, and never lost sight of them until they were taken.

Butler's Defence. I was going to Town at about five o'clock in the morning to see for some work; and as I was going along a brick-field, I saw these two bundles among the straw, and I saw this man Smith coming along up the road, and I called him over to ask him what was best to do with them, and he said, the best way was to take them to Town, and see if any body owned them, and advertise them in the papers, and as we were going along, that man, (Bone,) caught hold of me.

Smith's Defence. I can say so far as this here, that I was going over to Kingsland to my sister-in-law who lives there, to get her to stand Godmother to my child, and I saw this man, Butler, in a brick-field, and he called me over, and shewed me these bundles in the straw, and we agreed to take them to the next public-house, and as we were going along, these people stopped us, and as for running away, I never ran away at all.

Evidence for the Prisoners.

CHARLES DALTON. I saw Bone, Noble, and Banks; they were in the yard of this court; they were talking close to me about the prisoners, saying, they must say, they found some bits of muslin on them or it would not do. They said, they did not care if they stretched them, so as they got the money. A few pounds would be of use to them. Noble said, the few pounds would be of use, and the others conversed about the muslin.

(This witness was here ordered out of Court.)

WILLIAM THOMPSON. I was standing in the same way as the last witness decribed, and heard towards the latter part of this coversation. I heard them say that they would not mind stretching the b-gg-s if so be as they could get a few pounds, for it would be of use to them.

Examined by the COURT. I immediately knew Charles Dalton. We did not have any conversation about this. I mentioned it to him, and he said he heard the same words; it might be about four o'clock, or after.

Q. You know there are three gates in the yard, one for carriages, and two for foot passengers, now whereabouts were you standing when you overheard all this - A. Between the middle gate, and the farthest.

Charles Dalton , Re-examined. I know Smith, by his making shoes for me; I live at 34, Gee-street, and am a watch-case finisher. When I over-heard this conversation between these witnesses, there were a great many people about; but I did not take notice who they were. I am sure I did not take notice whether there were so many as twenty or thirty; I heard this conversation near the outer-door.

Q. Was it near any gate - A. Yes; it was near about the first gate; it was between the bottom of the steps and the first gate.

Q. Did you stand next the prison, or next these windows - A. I stood in different parts; not exactly in one place; I stood nearer the Court than the Gaol. I can't tell which stood nearest to the witness.

Evidence for the Prosecution, in Reply.

Thomas Howard , Re-examined. Butler told me he found these things in a field; a man asked them about the dog, but it was not I.

Thomas Bone, Re-examined. I have heard what these persons have said. I never said to any persons that a little money would do me good, nor did any of the other witnesses for the prosecution say so in my hearing.

George Noble Re-examined. I never said that we must swear to finding some muslin, or else this case would not do. I never said that I did not care, so long as I stretched them, for a little money would do me good; I never uttered such a thing.

Charles Banks , Re-examined. I never heard either of the two last witnesses say what has been stated. About four o'clock, we were in the public-house over the way. Nothing of the kind was mentioned there.

BUTLER, GUILTY - DEATH , aged 22.

SMITH, GUILTY - DEATH , aged 28.

First Middlesex Jury, before Mr. Justice Park.

Married 24 Jun 1822

On Thursday last Charles Butler underwent the awful sentence of the law, for the murder of Catharine Collins, alias Kitty Carman at Port land-head, in May last. The evidence on which the unfortunate man was convicted of the crime for which his life was forfeited to the outraged laws of his Country, though strong, was entirely of a circumstantial nature; but, when it is considered how seldom direct and positive testimony can be adduced from the very nature of the crime --- when it is considered that such deeds are usually perpetrated in the silence and darkness of the night, unseen by mortal eye, it is a subject calculated to call forth the most lively emotions of wonder at the mysterious ways of that Providence, who, whatever plans may be resorted to for concealment, still weaves a chain around the murderer from which he is unable to free himself, and generally by the most simple and least looked-for means, drags forth the hidden secret into light---

'For murder, though it have no tongue,
Will speak with most miraculous organ.

The particular facts against Butler were, his having been the last in company with the deceased; the vague and indistinct account which he gave of her, when he returned without her from the house of a man named Somers, a few miles up the river, from his residence where she had gone with him, and which she left in his company to return in a boat, about 7 or 8 o'clock in the evening; his having stated, when enquired of concerning her, that he put her on shore, by her own request, on the way, as she wanted to go to the house of a settler named Doyle, to ask some favour of him; but the patricular spot where he so stated he had landed her, being such as it was almost an impossibility she could have got to Doyle's house by, having to cross a five railed fence, and to go a considerable distance through swamps and bush, and that in the middle of the night, while the regular place of landing, directly opposite the house to which she wanted to go, was only about half a mile further on; her being discovered drowned a considerable distance from the place up the river; the circumstance of four dollars which were given to her in his presence by a man named Clark, and which afforded the only probablt motive for the commission of the crime, being taken from her ; the body being found with a stone lashed in a rope, similar to those used for mooring a boat, attached to it ; and lastly her scissars [sic] and a key, that she usually wore hanging from her waist, and which it was conjectured had disengaged themselves in whatever struggle had taken place, being discovered in his boat amongst some corn, on the following morning. At his trial the wretched man denied all knowledge of the transaction. After his conviction, however, he confessed that he was an accessary [sic] but that the murder was actually committed by Clark and Somers, at whose house she was with him. On Wednesday he expressed a desire to see the Attorney General' when the gentleman humanely came to the gaol, at the hour of 10 o'clock at night, but understanding that the prisoner slept, he directed that he should not be disturbed before morning, when, if he still wished to make any communication, word to that effect should be sent to him, and he would attend. In the morning however, the prisoner declined seeing the Attorney General, and the sentence of the law was carried into effect at the usual hour. The unfortunate culprit was attended in his last moments by the Rev. William Cowper, and, a short time before he was launched into eternity, again repreated his former declaration that Clark and Somers were the actual murderers. He met his fate with a considerable degree of firmness, but struggled for an unusual length of time after he was turned off.
Clark and Somers have since been apprehended.