Lydia Harnett and Henry Webb

1838

Friday, 27 July.
Sarah Ann Smith, complained of Constable Rogers having assaulted her, under the following circumstances : - It appeared that a daring burglary had been lately committed, at the house of Doctor Fowler, in Macquarie street, out of which a quantity of jewellery was stolen and a warrant obtained to search the house of Mr. Henry Webb, who lives in the neighbourhood, but at which place, no stolen property was found. Rogers, who executed the warrant, observing the complainant leaving Mr. Webb's house, followed her, and requested to know what she had with her, and examined a parcel she had in her hand, and, also a pair of bracelets she had on her arm, and then allowed her to depart. A summons was granted for Rogers' appearance, to answer the charge. 1

To the Editor of the Colonial Times.
SIR, - I have to request that yon will correct an error, which appeared in your paper of Tuesday last, and which, if allowed to go forth to the world uncontradicted, is calculated to inflict a very serious injury on my character !. Your Police Report says, that a warrant had been obtained to search my premises, subsequent to a burglary, which had been committed in the house of Dr. Fowler, situate in Macquarie-street. I deny, Sir, most distinctly, that such an instrument was granted in the case, and should imagine that my general character, both in Hobart Town and Sydney, places me far above suspicions of such a disgraceful kind. The fact is simply this - A robbery of a very trivial nature had, indeed, been committed (as was afterwards discovered) by an assigned servant of the above gentleman. A petty constable, of the name of Rogers, in company with this confidential servant, went shortly after, and searched from eight to a dozen houses, my property, contiguous to Dr. Fowler's premises, besides two or three tenements in other parts of the town, to the great annoyance of myself and tenants. Upon my expressing surprise and dissatisfaction, at such unwarrantable conduct, the said petty constable proceeded to search the house in which I reside, during my absence, and that without any legal authority whatever ! ! !.

Now, Sir, I would ask of you what such infamous conduct in a petty constable deserves ?. I have made application to Mr. Champ, and he refuses to act summarily, as in duty bound, and dismiss the fellow, but refers me to a civil action, aye, " Sue a beggar, &c." Leaving you to descant on this extraordinary business, I remain your obedient servant.
H. W. WEBB.
Macquarie-street, Aug. 6, 1838.
[We have omitted some parts of this letter, but none of any consequence to its purport. EDITOR ] 2

Wednesday, August 1.
Mr. Henry Webb craved the particular attention of the Bench, and hoped they would give him some redress, and throw a light upon the mysterious search warrant, said to be brought to his house by Constable Rogers. He observed he had been ¡n these Colonies twenty years, during which period he had never been brought before the public, or his honor or integrity doubted, but his name being now brought before the public, through the press, he would wish to discover by whose means or authority such a warrant was issued. The worthy Magistrate told Mr. Webb that he could not give him any redress, but he had an action against the constable if he thought proper. Mr. Webb left the office much disappointed. 3

Friday, August 31.
Henry Webb was charged on the complaint of W. N. Champ, Esq., for having insulted and abused him, and endeavoured to excite him to commit a breach of the peace. The defendant declared he did not remember anything about it, that he must have been in liquor, and was very sorry for what took place, and humbly begged Mr. Champ's pardon. Mr. Champ accepted this apology, and withdrew his charge. Fined 5s. on his own confession, for drunkenness. 4

Friday, August 31.
Henry Webb was brought up on a warrant, for having insulted and endeavoured to intimidate W. Champ, Esq., one of Her Majesty's Justices of the Peace for this island. It appeared some time since that Mr. Champ, on the oath of two witnesses, was called upon, in the course of his official duty, to issue a warrant to search defendant's house ; as nothing was found at Webb's house to criminate him, the warrant was discharged; he attended at the Police Office, and Mr. Champ gave him all the information in his power, and referred him to a civil process for a remedy, if he felt himself aggrieved, or considered he had been unjustly dealt with, and the matter ended. On the 27th instant, Mr. Champ was in his garden when Webb passed and abused him in the most menacing manner, and ultimately made close up to him, apparently with intent to excite Mr. C. to commit a breach of the peace, and eventually compelled him to retire into his house to avoid his (Webb's) abuse and annoyance. Webb was now called upon to answer the charge, and to show cause why he should not find sureties for his good behaviour. He now expressed regret that he had so conducted himself, and begged Mr. C's pardon, which Mr. C. kindly received, and withdrew that part of the charge which required sureties. The Chief Police Magistrate, who sat upon this occasion, fined him 5s., which, with the costs of the warrant and proceedings, he paid and was discharged. 5

Henry advertises his intention to leave for England -

NOTICE.
MR. HENRY WILSHIRE WEBB of Hobart Town, being about to proceed to England, hereby cautions the public against giving credit on his account, or that of MR RICHARD WILSHIRE, late of Sydney. All persons bearing claims upon, or who stand indebted to, the above-named individuals, are requested to apply to JOHN MATHWAY BROWN, Esq., Botany, or RICHARD HUNT, Esq., Parramatta, their agents, who are alone empowered to receive monies, and liquidate demands, on their behalf.
Hobart Town, 8th September, 1838 6

Henry and (and wife Janet ?) arrive in Sydney prior to departing for England -

Shipping Intelligence. ARRIVALS.
From Greenock via Hobart Town, yesterday, having left the former port the 13th June, and the latter the 10th instant, the barque Merlin, 365 tons, Captain D. Thompson, with merchandise.
Passengers, cabin - Mr. Alexander McDonald and Mr. James Polack, from Scotland; Mr. James Rose, from Hobart Town. Steerage, Robt. Moodie, John McDonald, Allan Mc Niven, David Thomas, William Risk, John Murdoch, Peter Simes, James Grimwood, and John Peterson, from Scotland; Mr. and Mrs. Henry Webb, and Miss Smith, from Hobart Town. Agents, Messrs. Paul & Co. 7

1839

VESSELS CLEARED OUT AT THE CUSTOM HOUSE.
The Fairlie, for Madras via Hobart Town. Passengers to Hobart Town. Mr. and Mrs. Webb, Mr. and Mrs. Greta and two children, Mr. and Mrs. Cobb, Mary Ann Richards and Mrs, Peek. For Madras, two natives of India. 8

1841

1841 UK Census was taken 6th June - no entries found for Henry or Lydia Webb.

Living at #14 Merlins Place was John Miller, aged 32;,a goldsmith; wife Eliza, aged 31; and four children - John aged 8; Eliza aged 7; James aged 5; and Fanny aged1. 9

THE COURT FOR RELIEF OF INSOLVENT DEBTORS.
The following PRISONERS whose Estates and Effects have been vested in the Provisional Asignnee by Order of the Court, having filed their Schedules, are ordered to be brought up before the Court, at the Court-House, in Portugal-Street, Lincoln's-Inn-Fields, on Tuesday the 16th day of September 1845, at Nine O'Clock in the Forenoon, to be dealt with according to the Statute :

At Wednesday the 17th day of September 1845, at the same Hour and Place :

John Meller, [sic] formerly of No. 14, Merlin's Place, Wilmington-square, Clerkenwell, Journeyman Jeweller and late of No. 30, Felix-terrace, Liverpool-road, Islington, all in Middlesex, Journeyman Jeweller, his wife keeping a School and at times doing Needle Work. 10

It is Lydia's marriage in 1841, that potentially links her directly to Thomas Arnott -

Marriage
20 Sep 1841 Holborn St Sepulchre City of London Parish Register
Henry Webb of age, Widower, builder, 14 Merlin’s Place, (Holborn) 11
~ father Richard WEBB, Taylor
Lydia Harnot of age, spinster, 14 Merlin’s Place, (Holborn) 12
~ father Thomas HARNOT, Farmer
He signed, she made her mark
By Banns
Witnesses: William Plenty, Eliza Phoebe Beadle 13

This would infer that Lydia was only around 17 years of age at the time of her marriage.

This marriage shows Henry Webb as a widower, and it is through later historical research, that it is determined that Henry was the person who was a hotelier of significance in Hobart Town during the mid and late 19th century.

Henry and Lydia had five children born in Hobart.
Henry Wilshire (1839-1908) (Born out of Wedlock) was the first, born 21 June 1839, with Henry described as a housekeeper.
When Lydia Amelia (1841-1903) (Born out of Wedlock) was born 17 August 1841 he was more appropriately recorded as a landholder.
Joseph Albert (1844-1920) was the third, born 8 January 1844, with Henry a gentleman of 102 Macquarie Street. 14
Charlotte Rosina (1845-1937) was born 5 March 1845, with Henry a householder of the same address. 15
When William George (1846-1886) arrived on 27 September 1846 Henry had become a licensed victualler. 16

1846

Publican: Neptune Inn; Rock Hotel; Wine and Spirit Stores, Hobart Town, VDL
Licensee - Neptune, New Wharf, February 1846 to November 1846
Licensee - Pickwick, Liverpool Street, November 1846 to May 1847

Neptune Inn 1934

Neptune Inn 1934 (TAHO) 17

In February 1846 he took out a license for a new waterfront hotel, the Neptune on the New Wharf. Clearly it was an investment by a wealthy man.

Monday February 2. The following applications for new licenses were granted : To Mr. Henry Webb, a new house on the New Wharf, next door to Mr. Clues's, to be called the Neptune. Mr. Webb's application was very highly recommended, and was not opposed by any of his neighbours. 18

In September 1846 his license for the Neptune Inn was renewed, and then two months later he transferred the license to Charles Lines; at the same time, taking over the Pickwick Tavern in Liverpool Street.

PUBLICANS' LICENCES, HOBART DISTRICT
AT the First Quarterly Meeting of Justices of the Peace for the granting of Publicans' Licences, and also for the transferring of the same for the District of Hobart, held last Monday, in the Court of Requests' Room, Hobart Town, before Joseph Hone, Esq., Chairman, Thomas Mason, P. M., John Beamont, Thomas Hewitt, and William Carter, Esquires, Justices of the Peace, the following transfers of Licences, and new Licences, were allowed.
TRANSFERS OF LICENCES.
From Henry Webb to Charles Lines, the Neptune Inn, New Wharf.
From Lewis Prentis to Henry Webb, the Pickwick Tavern,
Liverpool-street. 19

In 1924, the Neptune Inn was described as an "Inn, which possessed a decidedly salty atmosphere."

Notes by the Way. (By The Odd Man.)
R. C. Wilson; The Neptune Inn was on the New Wharf and has been closed for many years. It it now a portion of the Sailors' Home. It obtained its license in the early forties and its signboard, which was of great length and breadth, was picturesque and rich in effect. It represented the hoary old sea god who revelled in an immense blue ocean attended by mermaids. Of course the painting was an imagination, and was meant to attract public attention, which it undoubtedly did. The treatment of the water and the satellites of Neptune repaid extensive examination. The artist evidently tried to impress character on the face of the grim old sea god, but owing to some kink in the brush, the expression wore a vinegary look, which seemed to insinuate that the king of the sea had swallowed more salt, water than was good for him. Taking the painting as a whole it was a vigorous piece of colour, and when the writer last saw it, it was in fairly good condition.
The author of "A Convicts Life in Tasmania," a book which long since has gone, out of print, mentions this old Inn, which he said possessed a decidedly salty atmosphere. Its chief customers simply reeked of the sea, and belonged to the fleet of windjammers which then sailed out of the port of Hobart.

The author of the book met in the Neptune two prisoners of the Crown, who were at this time enjoying freedom from Government work, on ticket-of-leave. One of these was the only son of a well-to-do English merchant. He had been brought up a gentleman, and had been given an English university education with a view of getting him to study the legal profession. The only part of the business that he took to was the wild games and mad pranks of the varsity students, the result being that the wild, dissipated life he pursued made him fit for nothing respectable, and converted him into an out-and-out waster. The first offence against the law he committed was to forge a bill on his uncle, who listened to the pleading of the reckless scamp's mother and condoned the offence. The next crime committed to break into a relatives place and steal some silver plate. For this he received 15 years' transportation to Tasmania, an event which broke his mothers heart.

On the voyage to Tasmania he struck up an acquaintance with a fellow prisoner who bore the reputation of being one of London's swell mobsmen, and who had a police record as long one's arm. This ingenious rascal was steeped in crime, from his head to his heels, and the London police were glad to see the irons put on him and his person consigned to the cell of a prison hulk. When the men on the prison ship had been drafted to the penitentiary in Campbell Street, selection were made from the squad for assigned service in various parts of the State. The swell mobsman, who was plausible gentleman, and was handy with the pen, found a billet in the city, and his comrade was sent to the Richmond district, and put to farm labour. Here he had time to brood over the evils of a dishonest life, and left to gaze into the mists of the future which in all conscience looked black enough for him. For a time he behaved himself well, and on one Christmas he was allowed to go to Hobart, where he insulted a woman in the public street. For this offence he received 25 lashes. The swell mobsman received his first flogging for stealing some valuables from his master. Then he reformed and ultimately obtained his ticket-of-leave.

It was in the bar-parlor of the Neptune that the narrator of this story met these two precious scoundrels, who evidently had some dishonest scheme in hand. The lawyer had succeeded in gaining the affections of an assigned female servant in one of the city families, and he learnt from her that there was a quantity of old silver and jewellery in the place, which was kept under lock and key in an iron trunk. He told his prison companion of his discovery, and no doubt the evening Mortlock, the author of the book, saw them in the Neptune they were planning the robbery which took place two nights afterwards. The girl was suspected, and on being pressed by the police, she admitted her complicity, and revealed the identity of the two thieves, who were lodging at the Neptune. When the police made a raid on the Inn, the birds had flown, and no trace of them could be found in the State. Then a seafaring guest at the Neptune let some side lights into the mystery of the disappearance of the thieves. There was then staying at the Neptune, the skipper of a rakish topsail schooner named the Marian, This vessel arrived from Sydney a week before the robbery and the skipper, who bore the repute of being fit for any venture, provided there was money in it, picked up acquaintance with the burglars, promised him half the proceeds of the haul, provided he took them away in his vessel. The skipper fell in with the proposal, and the morning after the robbery the Marian sailed away, according to her clearance papers, for Sydney. But Sydney harbour never saw the vessel, which made her way to the South Seas. About five or six years afterwards, an old South Sea whaler supplied a gap in the history of the Marian and her crew. The vessel, it appears, was pearling, and was attacked by some of the Islanders, who overpowered the crew and murdered them to a man. Whether the two Hobart thieves were among the killed was never disclosed. Anyhow, the authorities who did their best to trace runaways had to admit themselves beaten. The poor girl, who was made a scapegoat of a pair of designing scoundrels, received a heavy sentence, but by general good conduct she managed to get her freedom permit when she had served half her time. Later in life, a relative in the old country left her a large sum of money, which enabled her to start a business and enjoy comfort for the remainder of her days.

When whaling was in full swing the sphere of trade of the Neptune was large. When a whaling crew was shipped they were given advance notes which, as a rule, were cashed at the pubs. In the fifties a licensee of the Neptune did a big business in this style of finance. Of course, this gentlman laid himself open to loss, for if any of his clients made a bolt of it, and were not on board the vessel at the period that, she anchored in the stream outward bound, the agents refused to cash the notes. Under these circumstances, certain landlords had to act as crimps to protect themselves. To put this in plain English, it meant that once they cashed the whaler’s note, it was to their interest to keep their eye on their man, and get him safely on board. On day in the early fifties, four men, who announced that they had shipped on the Flying Childers whaling barque, entered the Neptune, and induced the landlord to cash their advance notes. This was done, and as the vessel was cleared to leave in two days’ time, the holder of the notes kept, his eyes on the cashees, and put them up, supplying them with food and liquor. On the morning of the day the ship was booked to sail, the landlord received a private advice that his men meant to do him, and get away into the country. He took the precaution
to inform the skipper, who lost no time getting on the scene with a couple of policemen. The men barricaded themselves in a room in the upper story, and held the fort against all comers. Ultimately the door was broken in, and after one policeman had been severely mauled, the three men were handcuffed and thrown into a whaleboat which was in command of the chief boat steerer.

The barque was anchored out in the stream, but was not reached until a contretemps occurred. Another of the crew who had been captured in a low brothel in Argyle street, was stowed ... forward. As the boat left the waterman's ferry this fellow indulged in a stream of foul-mouthed language which procured him preferential treatment at the hands of the boat steerer. Handing his steer oar to the stroke oarsman, the boat steerer picked up a loose boat stretcher, and stepping over the heads of his crew, belted the cursing whaler over the head until he collapsed. When the ship's side was reached the senseless man was hauled up by the tackle and dumped into his bunk. The writer saw similar treatment used to drunken whalers in Recherche Bay between forty and fifty years ago. It is no use trying a kid glove with these gentlemen, said the mate of one of the vessels. They are the lowest of the low when they are in drink. On our ship a man has got to do as he is told, or go under. It may seem brutal treatment to outsiders, but 1 can assure you that it is the safest tiling to do for all hands. When they get to sea they are all right. It is the drink which makes fiends of them. They are absolutely useless for two or three days after they leave port: the booze smashes them up. As a rule keep them away from the drink and better fellows you never met with.

The Neptune dosed its doors in the seventies. The decadence of whaling and the shipping industry had spoilt its balmy days. In the times one is speaking about there were four pubs almost next door to each other. First there was the Nautilus, at the corner of Montpelier street, then the Neptune next door, the Lord Rodney, and three doors higher up the Rear Admiral Hornby.

The work of the artist of the sign of the Neptune was found a few years ago, by Mr. Charles Watkins, in the kitchen of the Neptune which was being repaired. In the process of stripping the walls some painting of a marine character was discovered on the plaster. The work was excellent, and the late John Woodcock Graves, the author of "John Peel", was credited with being the wielder of the brush. As old hand, who had an acquaintance with the artist who designed the signboard, told one that the kitchen decoration was the work of this man, who depended on his dexterity with the brush for a living, The late Prout Hill, who was no mean artist himself, admitted that the Neptune sign painter was a marvel, and his only bar to fame was his over indulgence in alcoholic beverages. 20

HOBART TOWN QUARTER SESSIONS. MONDAY, APRIL 6.
Before JOSEPH HONE, ESQ., Chairman, CAPTAIN MORIARTY, THOMAS HEWITT, JOHN KERR and RICHARD LEWIS, ESQS.
The following jury were then sworn-
Thomas Tilly, foreman. Henry Wilshire Webb.
Hugh McGuinness. James Priest.
John Fisher. John Orford.
John Rich. Thomas Collins.
Joseph Reichenberg. Alex. G Watson.
William Wise. George Milne.

John Baker and Henry Miller stood charged with having robbed the till of the "Whalers' Return" public-house on the evening of the 12th March last.
(Trial details omitted)
The chairman having summed up the evidence at great length, the jury returned a verdict of Guilty against both the prisoners. 21

It would seem that Henry, Lydia and family then returned to Sydney, at some time after the birth of their last child, William George in 1846.

1847

In May 1847 he transferred the house to Abel Stone. It appears that Mr Stone is a Government Officer, and is consequently precluded from occupying a licensed house at the same time. He undertook to resign his present appointment. Adjourned. Stone gained his license at the adjourned meeting. 22

1848

QUARRELSOME NEIGHBOURS. - Yesterday, Mr. Henry Webb, publican, of Liverpool-street, appeared before the City Police Bench, on summons, issued at the instance of Catherine Forbes, his next door neighbour, charging him with using threatening language towards her. It appeared that, on Wednesday last, defendant had gone to complainant's house, and in a very violent and excited manner had abused her, threatened to knock her down and turn her out of her house, as well as to inflict sundry other injuries on her, too numerous to mention. Much recrimination occurred, in which the fair fame of complainant, and of defendant's wife necessarily suffered; and it further appeared that a stormy war of words was of frequent .occurrence, though never had defendant conducted himself so outrageously. The Bench ordered Mr. Webb to find sureties to keep the peace, himself in £20,and two sureties in £10 each. Lydia Webb, wife of the defendant, next appeared before the Bench, charged with having assaulted one Frances Capillaire on Saturday last; when a similar case of mutual quarrel and bickering, though carried on with superior energy on the part of Mrs. Webb, who preferred physical to moral force, was elicited. Mr. Webb was again called on to find sureties for the good behaviour of his wife, in the same amount as In the last case. In both cases Mr. Nicholls appeared for the complainants, and Mr. Brenan for the defence. 23

Henry is listed as the licensee of the Sportsman hotel.

PUBLICAN'S LICENSES.
List of Applicants for Licenses in the city and district of Sydney, under the Act of Council 2 Victoria, No. 18, for the year commencing 1st July, 1848 : -
237 Henry Webb, Sportsman, Parramatta-st. 24

There was a court case involving an alleged assault of a neighbour and possibly even friends of Henry and Lydia.

LAW INTELLIGENCE. CENTRAL CRIMINAL COURT. SATURDAY.
Before His Honor the CHIEF JUSTICE. NEW MAGISTRATE. James George, Esq., of Apsley, was sworn in as a magistrate of the territory of New South Wales.
SHOOTING WITH INTENT.
Martin Gill was indicted for that he, on the 21st day of May, did unlawfully, maliciously, and feloniously, shoot at one James Butler Kinchela, with intent to murder the said Kinchela.
A second count charged him with intent to do some grievous bodily harm.
The prisoner pleaded not guilty.
The Attorney-General prosecuted for the Crown ; Mr. Lowe for the prisoner ; Mr, G. R. Nichols, attorney.
The ATTORNEY-GENERAL briefly opened the case, stating the facts as they appear in evidence.

Graham Hunter, sworn : Was Commissioner of Crown Lands ; was on the Parramatta-road on the 22nd May ; saw the prisoner at a public house kepi by a man of the name of Cutts on the road ; saw Mr, Kinchela there too ; saw the prisoner come up on horseback ; as he jumped off his horse witness went into a room and looked from the window ; saw prisoner with a pistol in his hand; saw him fire it ; there was a rush into the room where witness was ; did not see where Kinchela was when the shot was fired ; there were a number of persons in the verandah of the house ; supposed two minutes had elapsed before he could get the door open to go and see what was the matter; when he did get out he saw several gentlemen and the prisoner walking up and down with a pistol in his hand, in a very excited, state; witness said "this man must be taken in charge," and advanced towards the prisoner ; Mr. Jardine and Mr. Davidson advanced too, and the prisoner was secured ; witness was the first that laid hands on him, and took the pistol out of his hands ; another pistol was afterwards taken out of his pocket; one of the pistols was discharged, and one was loaded with ball; it was taken to a gunsmith's next day ; the prisoner was in a very excited state, but did not recollect what he said.

Cross-examined by Mr. LOWE: Could not say whether there was any cap on the pistol when he took it from his hand.
James Davidson: Remembered being at Cutts's, on the Parramatta Road, on the 21st May ; the prisoner came up to the house, and came into the verandah ; he presented a pistol . to Mr. Kinchela, and asked him, " If he should give him time ;" he held a pistol close to Mr. Kinchela's head ; witness seized the pistol, , when prisoner said if he did not loose it he would blow his brains out ; witness let the pistol go, and the prisoner then came in front of Kinchela, and fired at him ; he was about half a yard from him ; the wall of the house was behind Kinchela ; there was no mark on it ; he could not have fired over the verandah ; when he saw he had missed him he said, " My God, how could I have missed him ;" he threw the pistol he had discharged away, and drew a second pistol from his pocket ; he brandished it about a good deal, till Mr. Hunter came out, and he was secured ; the report of the pistol was a very loud one.

Cross-examined by Mr. LOWE : Mr. Kinchela rushed into the house ; the muzzle of the pistol was about half a yard from Kinchela.

Michael Ryan, sworn: Was a constable ; produced some pistols which were given to him by Captain Hunter ; one of the pistols was discharged, the other was loaded ; the charge had been drawn and replaced.

James Butler Kinchela : The pistol that was discharged at me by the prisoner was about a yard from me ; I think if it had been loaded he could not have missed me ; I thought something slight touched me in the forehead, it left no wound or bruise ; he could afterwards see no marks on the wall. This was the case for the Crown.

Mr. LOWE very briefly addressed the Jury, stating that his main difficulty would be in endeavouring to divest their minds of such a sense of the grievous and intolerable wrong which had been inflicted on the prisoner, as would induce them to think he would commit the act with which he was charged. (The learned gentlemen then went over the evidence showing there was not a shadow of proof that the pistol was loaded.)

His HONOR summed up, and the Jury having retired for a few minutes, returned with a verdict of not guilty, The prisoner was discharged.

The Court adjourned till Monday at ten o'clock. 25

Henry and Lydia, licensee and resident at the Sportsman's Arm hotel in Parramatta street, were involved in the subsequent court case involving the alleged abduction of their neighbour's young daughter, which was the reason behind the previous case.

SEQUEL TO THE PARRAMATTA ROMANCE.
TRIAL OF MR. JAMES KINCHELA FOR ABDUCTION.
SATURDAY, JUNE 3. (Before His Honor Mr. Justice Manning.)
James Butler Kinchela, late of Parramatta, gentleman, was indicted for that he, on the 21st May last, did unlawfully take one Mary Anne Gill out of the possession, and against the will of Martin Gill, her father, the said Mary Anne Gill being an unmarried girl under the age of sixteen years, to wit, fifteen years. A second count charged the prisoner with causing the said Mary Anne Gill to be taken away.

Mr. Lowe appeared for the prosecution ; attorneys, Messrs. Nichols and Williams. Mr. Kinchela was defended by Mr. Holroyd; attorney, Mr. Little.
Mr. Lowe having briefly stated, the case to the jury, called the following witnesses :-

Mrs. Margaret Gill sworn - Am the wife of Martin Gill; and keep an Hotel in Pitt-street; have a daughter named Mary Anne, who will be 16 years of age on the 21st of this month ; she was born on the 21st June, 1832, and I was married 17 years last September ; it was on the 11th September. 1831 ; I know Mr. James Kinchela ; he has stopped at my house several times ; he left it five or six weeks before my daughter left ; he had been staying about three months with us ; he left at my request; I missed my daughter Mary Anne between 8 and 9 o'clock on the evening of Saturday, May 20 ; had seen her about 8 o'clock that evening at tea ; my husband was at home at the time, and on my telling him, he went out ; he returned about 10 or 11 o'clock without bringing my daughter back ; shortly after this a man named Webb, who keeps a public-house in Parramatta-street, came to my home and saw my husband, who went out with him ; my husband was about half an hour away when he returned in a cab accompanied by my daughter and Mr. and Mrs. Webb ; I sent Mary Anne upstairs to bed, and did not see her again that night ; the next morning she was missing again. Mr. Holroyde submitted that they could not go into any further missing. His learned friend had only charged one abduction, and he apprehended he could not go into a second one.

His HONOR ruled that what transpired before might be necessary to show the real meaning of what look place afterwards. Examination resumed - I missed my daughter about 7 o'clock next morning.

Cross-examined by Mr. HOLROYD - Was at home on Saturday, the day I missed my daughter; did not see Mr. Kinchela about my premises that day, but I saw him in King-street ; Mr. Gill was out that day : he left home about 3 or 4 o'clock, and returned before 9 in the evening ; he was not at tea with us that evening ; my daughter was brought back between 12 and 1 o'clock at night, and I missed her again next morning ; did not see Mr. Kinchela about my premises that night.

By the JUDGE - From the state of my daughter's bed it was evident she had slept in it that night.

Henry Webb sworn - Keep a public-house in Parramatta-street ; remember the evening of Saturday, the 20th May ; saw Miss Mary Anne Gill that evening ; she came to my house between 9 and 10 o'clock; she came in a carriage by herself; I don't know who drove the carriage ; she came inside, and sat down in one of the private parlours ; she then went up stairs to bed with the servant girl ; Mrs. Webb afterwards came in, and I told her that -
Mr. HOLROYD- "You must not repeat what you said to your wife."
Witness - Mrs. Webb asked me to -
Mr. HOLROYD - " Never mind what your wife said to you, Mr. Webb." -
Witness - Mrs. Webb advised me to -
Mr. HOLROYD -" Mrs. Webb's advice, though doubtless most judicious, is inadmissible as evidence, Mr. Webb ; state simply what you did."
Witness - I went down to Mr. Gill's, and he came back with me in the cab ; I told Mrs. Webb -
Mr. HOLROYD -" We can't have what you told your wife. Sir."
Witness - My wife told me -
Mr. HOLROYD - " No, Sir, nor what your wife told you, either."
Witness, in perplexity - "Then I can't go on."
Mr. LOWE -" State what you or Mrs. Webb did."
Witness - Mrs. Webb went up stairs to Miss Gill, who came down, and I and my wife, went home with them ; I did not see the defendant that night; I saw him at my house on my return from Gill's ; he said his name was Kinchela ; I asked him how he came to send that young woman to my house, and he said he did not think there was any harm in it ; I then told him she had gone home to her father's ; he stood at the counter and had a glass of grog, and that finished it; he then went away ; I think he told me "he was going to be married the next day ; it was about 2 o'clock in the morning when this occurred at my house.
By Mr. HOLROYD - Was at home the whole of the time from when Miss Gill came to my house, to when I went for her father; I know Mr. Healy, a gentleman connected with the Turf along with Mr. Downes ; after Miss Gill arrived at the Sportsman's Arms -
Mr. HOLROYD-.' That is the name of your house ?"
Witness - "Yes, Sir."
Mr. HOLROYD - " A very appropriately named place, too, for a little, sporting affair of this kind."
Witness resumed - After Miss Gill arrived, Mr. Healy came to the house ; will not be positive whether he had an interview with Miss Gill ; he went into one of the parlours ; it was just after Miss Gill came, and before Mrs. Webb had retired ; I was present when Mr. Healy came in ; he asked to see Miss Gill ; he did not mention her name, but asked for a young lady who had come there in a carriage, and he then went into one of the parlours ; he remained there two or three minutes ; I received the young lady at the door of the cab ; she had no one with her at that time ; the conversation I had with Kinchela was over a glass of grog.
By a Juror - There is a communication between my parlours.

Lydia Louisa Webb sworn - Am the wife of the last witness ; remember the evening of Saturday the 20th May last ; after my husband went away to Mr. Gill's on that evening, Mr. Kinchela came in and asked for Miss Gill; I told him Miss Gill was then in bed ; he said he wished to see her ; I went to Miss Gill, and Kinchela afterwards went up stairs to see her ; Kinchela was down stairs during the greater part of the time my husband was absent ; do not remember at what time my husband went away, nor when he returned, but it was after he went away that Kinchela came. By a Juror - I do not remember how long Mr. Kinchela remained up stairs ; it might have been a quarter of an hour.

Martin Gill sworn - Am the husband of Margaret Gill, and keep a public-house in Pitt-street ; have a daughter named Mary Anne ; remember missing her on last Saturday week, the 20th May ; it was about 8 or 9 o'clock in the evening ; I went looking about the house, but could not find her ; after I had shut up the house Mr. Webb came in, and I accompanied him to his house, where I found my daughter ; did not see Kinchela there ; I brought my daughter back ; she was missing again the next morning ; on neither of these occasions she had my consent to go; she went against my consent. Mr. HOLROYD declined cross-examining this witness.

Samuel Guy sworn - Am a constable in the Sydney Police; remember the morning of this day fortnight; remember seeing Mr. Kinchela on that morning ; it was dark at the time, and could not now point him out in the Court.

Mary Anne Gill, the heroine of this "strange eventful history," was then called. The witness betrayed considerable agitation and sobbed bitterly on entering the room.
His HONOR addressing Miss Gill, said she must endeavour to command her feelings, in order to perform the solemn duty required of her.
Miss Gill, having been sworn, then deposed as follows:- My name is Mary Anne; I am the daughter of Martin and Margaret Gill ; remember this day fortnight, Saturday the 20th May ; drank tea with my mother that night; after tea I went out, having previously sent my clothes by a servant named Rebecca ; I went out to meet Mr. Kinchela; I walked out ; I had seen Mr. Kinchela before during that day, but not to speak to him ; saw him passing by the door of my father's house; I think I met him at the corner of York-street ; I had last conversed with him on Friday night at a window in my father's house ; the window looks into the street ; he asked me to go away and get married ; I said yes ; he said I was to meet him at the corner of the street where I went to ; when I met him he told me to go to Mr. Henry Webb's in Parramatta-street ; I went there alone in a cab; Mr. Kinchela said he would be there directly ; when I arrived at Webb's I waited for Mr. Kinchela ; I went to bed, and got up again and dressed myself when he came ; he did not stay very long ; shortly afterwards my father came and took me home; after I got home I was to go again in the morning by Mr. Kinchela's appointment ; on hearing my father had come for me, I arranged to go with him in a cab in the morning ; he said it was Sommerville's cab, and that I was to go to Sommerville's house in Pitt-street; he said he would meet me at Neitch's, on the Parramatta road; I had some clothes from my father's house; when I left to go to Sommerville's it was between 6 and 7 o'clock ; Sommerville got the carriage ready and drove me to Neitch's ; I saw no one but Sommerville when I went to his house.
Mr. Lowe - "What conversation had you with Sommerville ?"
Mr. HOLROYD objected to the admission of any conversation that might have passed between the witness and Sommerville.
Mr. LOWE contended that, Sommerville having acted under Kinchela's instructions, such evidence was receivable.
His HONOR sustained the objection.
Examination continued - Mr. Kinchela told me that he had told Sommerville, and there was no fear of him telling my father ; Mr. Kinchela said I was to tell Sommerville where to drive to ; am not sure whether he said that he (Kinchela) had told him I went to Sommerville's house the next morning, and he drove me to Neitch's, and asked if Mr. Kinchela was there ; he was not there ; Sommerville then drove me to a house further on the road towards Parramatta, and returned to Neitchs'; he brought me back a note in Kinchela's handwriting ; I know his handwriting; have not got that note in my possession ; I tore it up ; it was to the effect that I was to go to Parramatta, that he had told Sommerville where to take me to, and that he (Mr. Kinchela) would be up that evening. By the JUDGE - I got that note between 9 and 10 o'clock in the morning.
Witness resumed - Sommerville then drove me to Mrs. Bateman's Inn, Parramatta, where I remained until evening; Mr. Ryan, the Chief Constable, and Mr. Fitzsimmons, then came for me, and Sommerville coming outside the window, told me they were come for me, and asked me to jump out ; Sommerville held up the window, and I jumped out, when Mr. Ryan came up and took me to Mr. Fitzsimmons's house ; I am not married.
Cross-examined by Mr. HOLROYD - I think I have told every thing that occurred from the time of leaving my father's house on the Saturday evening till I was taken to Mr. Fitzsimmons's ; I left my father's house between 8 and 9 o'clock on the Saturday evening whilst the family was at tea ; I walked ; I first went to a Mrs. Kelly's house in Castlereagh-street, where I stopped about half an hour ; I then went in a cab to the Adelphi.
His HONOR - " Where is the Adelphi ?"
Mr. HOLROYD - " I'll take you to it directly, your Honor." (laughter).
Witness - I took the cab in Castlereagh-street, and from thence went to the Adelphi Hotel in York-street, to see Mr. Kinchela ; did not see him there ; I then went in the cab to the back of the Police Office, in York-street ; when I got there I sent William, the ostler of the Adelphi, to find Mr. Kinchela ; had to wait about 10 minutes before Mr. Kinchela came ; he then came up to the cab, and after remaining a minute or two told the cabman to drive me to Webb's ; I know Mr. Healy ; saw him at Webb's.
Mr. HOLROYD - " When you saw Mr. Healy at the Sportsman's Arms shortly after your arrival there, did not Mr. Healy urge you to return to your father's house ?"
Mr. LOWE objected to anything being given as evidence that had passed between the witness and Healy.
His HONOR sustained the objection.
Mr. HOLROYD to witness - " Did you on that evening gjve the same account to Mr. Healy as you are giving us now ?"
Mr. Lowe objected to the question.
His HONOR did not see why the question should not be put in the broad way proposed by defendant's counsel.
Witness resumed - When I saw Mr. Healy at Webb's, I did give the same account to him as I have given here to day as to my reasons for leaving home ; that I will swear ; when at Webb's I got up, dressed, and saw Mr. Kinchela ; I went direct from the back of the Police Office to Webb's ; dare say it was about 10 o'clock in the evening ; Rebecca did not leave my father's house with me that night ; I left alone ; saw nobody at Sommerville's house but Sommerville ; Sommerville was in bed when I got there, but his man was there ; Mr. Kinchela was not at Bateman's, at Parramatta, when I was taken by Ryan; did not see Mr. Kinchela that day from the time I left my father's house till I was received by Ryan ; did not jump into Mr. Kinchela's arms through the window.
Mr. HOLROYD - " Have you not assigned the ill-usage of your father as a reason for leaving his house ?"
Mr. LOWE objected to the question.
His HONOR sustained the objection.
Mr. HOLROYD begged His Honor to take a note of the question.
Witness - The conversation with Mr. Kinchela on the Friday night at the window of my father's house, took place between 1 and 2 o'clock in the morning.
By a Juror - Mrs. Kelly is not a friend of my father.
By Mr. HOLROYD - Mr. Kinchela appointed to meet me at Mrs. Kelly's. This closed the case for the prosecution.

Mr. HOLROYD, for the defence, first proposed to take His Honor's opinion as to whether a sufficient abduction had been proved within the meaning of that particular statute; the learned counsel having cited several authorities in support of his argument.
His HONOR intimated his opinion that there was sufficient evidence to go to the jury.
Mr. HOLROYD would request His Honor to reserve the point.
His HONOR entertained so strong an opinion upon it that he should decline doing so.
Mr. HOLROYD would then call upon his learned friend to make his election as to which abduction he would proceed upon.
Mr. Lowe argued contra.
His HONOR would not call upon Mr. Lowe to make his election.
Mr. HOLROYD, in addressing the jury on behalf of Mr. Kinchela, must first ask them to form their verdict, and to come to conclusions upon the evidence, and the evidence only, because this case had occurred so recently, that what they had heard out of doors might tend very materially to injure the position of Mr. Kinchela, and might have some undue sway in influencing their verdict. He thought he should be able to show that this was a case in which the defendant would be entitled to an acquittal, because this was not a case of a child's abduction from a father against the father's will. The information contained two counts ; the first charging an actual taking, and the second a causing to be taken. The case as presented, he must say, rested entirely on the credit to be attached to Miss Gill's testimony, and the jury must be aware that a young lady placed in so painful a position would be likely to strain every nerve to regain, that standing in society which she had forfeited by this act of imprudence. He must complain that Summerville, the cabman, who had been examined before the Parramatta Bench, had been kept back on this occasion, and when the proof, as it did, depended entirely upon the evidence of Miss Gill, it was the duty of his learned friend to have called Sommerville. The case consequently rested almost entirely upon the unsupported testimony of the young lady. It appeared that the whole transaction was neither more nor less than a " little love affair," and why Mr. Gill had such an objection to his daughter marrying, he (Mr. Holroyd) was at a loss to conceive. Supposing that any gentleman of that jury had made an appointment with a young lady in the Lover's Walk or the Domain, or any other "cool sequestered spot," where deep in the sylvan shade, they might breathe impassioned vows of undying affection - supposing also that the young lady happened to be under the age of sixteen years, why, that unfortunate juryman would, as his innocent client had been, be liable to an indictment for abduction. It would seem in this particular case that the lady having fallen desperately in love with Mr. Kinchela, that unfortunate young gentleman had been chained hand and glove, and couldn't help himself. Miss Gill had first of all stated that Kinchela had appointed to meet her at Mrs. Kelly's. If such had been the fact, why had she not remained at Kelly's ?. His client had never taken the girl away, but after she had run all over the town after him, and sent for him, he met her ; and he must say that he did not think Mr. Kinchela so deficient in gallantry as to have failed in his appointment at Mrs. Kelly's, if such assignation had been actually made. The learned counsel having energetically contended that this assignation of the lovers would in all probability have resulted in their marriage the following morning, had it not been for the interference of the father, again entreated the jury to form their verdict from the evidence only, which evidence, he contended, was insufficient to justify other than an acquittal.

His HONOR recapitulated the evidence at considerable length; going minutely through the testimony of Miss Gill, and reconciling the few apparent discrepancies in her statement, and after commenting in severe terms on the unmanly line of defence adopted by Mr. Kinchela, left the case in the hands of the jury, who retired, and after an absence of fifteen minutes returned into Court with a verdict of GUILTY on the second count, viz., "that of causing to be taken." The defendant was then remanded to gaol for sentence, the prosecutor declining to consent to take bail for his appearance. 26

Sometime after this, Henry transferred his Sportsman's (Arms ?) hotel licence -

SPECIAL LICENSING MEETING. - Contrary to expectation, it being only the second summons for this purpose, a majority of the magistrates qualified to act at a licensing, sessions attended at the Police Office yesterday. The business to be transacted was the consideration of twelve applications for publicans' general, three for wine and beer, and two for confectioners' licenses, as also eighteen applications for transfers. The only business, however, got through was the consideration of the new licenses, and the sanctioning of one transfer, when the Justices separated, leaving thirty-four persons subjected to great personal inconvenience, and very many of that number exposed to serious loss and expense. Four of the twelve applications for general licenses were refused.
The following were granted: ... Henry Webb, the Jenny Lind, George street; ...
The transfer sanctioned was from Henry Webb to John Ward for the Sportsman, Parramatta street.
The following were the magistrates who were present: -
Aldermen Wilshire, Broughton, and Thurlow; Captains Innes. Moriarty, Brown, and McLean ; Messrs. Henderson, Hill, Moir, Callaghan, Dawes, Holden, Sillitoe, and Dr. Mitchell. 27

1849

In January 1849 by transfer from William Anderson, Henry Webb took over the Rock Tavern in Elizabeth Street, 28 holding it for three months until the meeting in May 1849, when he transferred the house to John Scurle. 29 All of these terms as a licensee were primarily the investments of a property owner protecting his investments.

Assembly Room,
"ROCK HOTEL,"
A SELECT BALL will take place on TUESDAY EVENING, January 16th, 1849 ; at the
ASSEMBLY ROOM,
"ROCK HOTEL'"
Elizabeth Street.
The Dances will consist of Quadrilles, Waltzes, Gallopades, Polkas, Country Dances, &c., &c., &c.,
Quadrille Band will be in attendance.
Dancing to commence at 9 o'clock.
---------------------------------------
Single Tickets 3s. each ; Double ditto 5s. ; to admit a Lady and Gentleman, or two Ladies.
Tickets to be obtained at Armstrong's, London Tea Warehouse, Murray-street ; and Mr. Webb, Rock Hotel, Elizabeth-street.
Jan. 12, 1849. 30

THE BRIDGEWATER BRIDGE.—The opening of the Bridgewater Bridge, from its short announcement to the public, was done without ceremony, and as a matter of no uncommon character ; indeed, as a thing of course. Preparations, without the due notice to which on such an ocCasionthe public was entitled, were made by Mr. Anson, Mr. Morris, and Mr. Hedger, and with which all who attended to honor the expected ceremony with their presence, were well pleased. The visitors in gigs, carriages, and on horseback, were perhaps about 100. Most of them appeared disappointed at not meeting his Excellency, or finding some excuse for his not being there to commemorate an event which every colonist should have rejoiced at as being one of the most useful,
convenient, and necessary accomplished works which Van Diemen's Land can boast of. While it was whispered by some that a statue to Sir George Arthur should be placed at this end of the causeway, something was muttered about Sir W. Denison and Port Arthur. The engineer (Mr. Thomson) and a party of his friends visited the bridge, and afterwards partook of the good things at Mr. Morris' well-furnished table; the rest of the attendants were not of the aristocracy, but some well-dressed ladies were observed there. Had there been a public demonstration announced for the occasion, thousands would have attended from various parts. The weather, however, was very unfavourable—rain and sleet in the immediate vicinity, and snow on the surrounding hills. The Comet coach, driven by Frost, drove to the bridge with six-in-hand in a whip-like manner, tho coach being crowded. 31

Webb vs Phipps: This was a Bridgewater Bridge Opening festivity assault case, as testified by the bridge of complainant's nose, which was seriously contused, while the adjacent organs of sight bore mournful testimony to the defendant's application of the laws of dynamics. Mr Brewer appeared for Mr Webb landlord of the Rock Tavern. Mr Wilmot considered the assault proved and fined Phipps 3 pounds and costs.32

The case was first tried at the Police Office.

THE POLICE-OFFICE. - On Tuesday last there were - to useo Mr. Macdowell's words - a very large congregation to hear the case Webb v. Phipps. Mr. Brewer appeared for the plaintiff, and Mr. Macdowell for tho defendant. Mr. Webb, who is the landlord of the Rock Hotel, stated his grievance. He and his wife, with Mr. Phipps (of the Eardley Arms) and his wife, together with other parties, started in a most amicable manner in one conveyance for Bridgewater on the 26th of April, the day on which the Bridge was opened : they returned together, and he was half-and-half, although he knew what he was about : when they got off the coach at Saville's, the Derwent Hotel, Phipps proposed a toss in the hat for a bottle of wine ; Mrs. Phipps interfered, and remarked that they had drunk enough : he then received a blow, which knocked him down, and before he could recover, Mrs. P., against whom the complaint was laid, bit him severely in the cheek : two or three of Phipps's friends had since tried to make it up between them, but he did not like to have his face spoiled, although he had no ill feeling towards Phipps. John Frost, the billiard-marker at the Ship Hotel, stated that the defendant had been first assaulted : Webb hit her a slap on the nose : Phipps stood up like a man to protect his wife, but, being very drunk, was soon floored by Webb : he was a friend of Phipps's, and interfered, by removing Webb, who was pummelling him on the floor : walked home arm-in-arm with Phipps : know what he was about, but must admit he was rather half-and-half at the time : Phipps was helpless : had called at Webb's, to make up matters between the parties : they were all friends of his.-Mr. Macdowell maintained that Mr. Webb had first assaulted Mrs. Phipps, for which she gave him a good thrashing, and which he richly deserved. - Mr. Brewer remarked that if Mr. Webb was the first aggressor, how was it that Frost, with others, had gone to him to make matters up, instead of to Mrs. Phipps - Messrs. Wilmot and Hiddlestone, the magistrates who heard the case, agreed that the evidence of the witness Frost could not be relied upon ; consequently a verdict was given for the plaintiff, damages £3 and costs. 33

The case went to a full trial -

SUPREME COURT. Civil Sittings, Before His Honor the Puisne Judge. WEDNESDAY, JUNE 13.
Jurors :— John Forster, James McNaughton, James Milne Wilson, Alfred Manning.
Phipps v. Webb.
Mr. Macdowell addressed the jury for the plaintiff.
It was an action brought by Mr. Phipps to recover damages for an assault committed upon his wife by the defendant. He objected to the depositions in a former case at the Police-office, (in which the plaintiffs wife, Mrs. Phipps, was fined,) from being produced or made subject of reference. He proceeded to call witnesses.
John Frost rented a billiard room at the Ship Hotel. On the 6th May went to Bridgewater Bridge opening, on Fisher's coach, they picked up plaintiff and wife, and defendant and wife, all returned together to Saville's "Derwent Hotel," in the evening. Phipps was very tipsy, his wife took him by the arm to lead him out. Mrs. Phipps was quite sober. Defendant got up and without the slightest provocation struck Mrs. Phipps violently on the face. . It gave her a black eye and made her nose bleed a little. Webb backed out of the coffee-room, and returned almost directly with his coat off and his shirt sleeves tucked up. Witness prevented Webb from striking Mrs. Phipps again by holding his raised arm. Phipps was on the sofa incapable.
Cross-examined by Mr. Brewer. — Saw Mr. Munday there, but cannot say exactly at what time. Webb subsequently knocked Phipps down and gave him two black eyes. He himself was sober partly. Webb was half drunk. Mr. Brower wished here to refer to the Police-office case, as that action was in the nature of an appeal against a summary conviction for assault, in which Mrs. Phipps for the squabble was fined £3 and costs. His Honor decided against such a course.
Cross-examination resumed. — Did not hear anything about "shaking in the hat" for a bottle of wine. While I held Webb's arm when he rushed at her to make a second blow, she pulled his nose. Webb had some slight scratches when he went away. I took Phipps home.
Frederick Saville, landlord of the Derwent Hotel. — On that evening saw Phipps and his wife leaving the house. Was attending to his business. Heard nothing further until he (heard Fisher say, in the presence of Webb, — If she was a wife of his, he would not see her struck. After that saw Webb with his coat off, and Frost trying to stop him. Phipps got up, and Webb knocked him down. Did not see Munday.
Cross-examined. — I was sober. Fisher had had a glass, but knew what he was about. Saw Mrs. Phipps pulling up her sleeves at the wrists ; her bonnet was off; she was standing up before Webb, saying, " her husband was very much in liquor, and not fit to take his own part. She would not see him ill-used." Witness separated the parties, putting Phipps and his wife in the back-parlour. Did not hear Webb call for them to take the woman off, she was biting him. Saw Munday in the room at some time. Saw defendant afterwards in the bar washing his face; there was blood on it, and it appeared marked. Went to Webb's house next day to see him. Heard he was hurt. Did not go to offer compromise on part of Phipps.
Examination resumed by Mr. Macdowell. — Mrs. Phipps pulled her sleeves up at the wrists after Webb struck her husband. Webb followed them after we had separated the parties, into the back parlour. Heard him then make use of some bad language to Mrs. Phipps. She replied, "If you call we that again, I will not stand it." He repeated the expression. She then struck him on the check.
Joseph Fisher, drove his coach out with the party, returned in the evening to Saville's. It was in the Coffee-room. Saw Phipps and his wife going away. Could not say whether Munday was there or not. Saw Webb strike Mrs. Phipps twice.
Cross-examined by Mr. Brewer. — Was Saville sober ?. Don't know what you call sober. Was sober himself. Had taken something, was seldom without. Does not get drunk and drive four horses. Heard nothing about " shaking in the hat." Saw no provocation. Saw Munday in the back-parlour, but not in the coffee-room.
Mr. Brewer for the defence, considered it out of all place to take up the time of the jury and that Court by drunken squabbles which should have been settled at the Police-office.
Mr. Macdowell had informed them that he had advised the parties to bring it there. At the Police-office a counter complaint would have had but little chance, and he would tell them it was the animosity of parties defeated that had brought the case there, despite of expense. And he would ask when drunken people choose to squabble and fight, were they (the jury) to be called as arbiters ?. He then spoke of the facts he intended to bring forward in evidence to prove Mrs. Phipps the aggressor. The other party had only one witness at the Police-office. He then attributed an indecent allusion (according to his disinterested witness) to Mrs. Phipps, about which the other party remembered nothing. It was Webb and not Phipps that had to he led away after the beating the she-tiger had given him.
George Munday, for the defence.
Mr. Justice Horne. — How do you spell your name ?.
Witness. — G-E-O-R-G-E, (great laughter, stopped by the javelin-men).
Judge. — I mean your Christian name. Munday.
Went by Fisher's coach to BridgeAvatcr, returned by Mr. Hartam's gig. In consequence of what I was told went into the parlour. Saw there Phipps and his wife, with Webb and his wife. Heard Webb say, putting his hand on Mrs. Phipps' shoulder, " We have been friends all day, let us be friends still."
The conversation following, as stated by the witness, is not fit for publication.
Witness saw Webb knocked down ; could not say by whom. Webb got up, and asked what that was for. Mrs. Phipps then prepared her self, and commenced a violent assault on Webb. The door was then closed and witness pushed out. Heard Webb say, " take off the woman, she's biting my cheek off." Saw the bite-mark afterwards. Witness burst open the door, and found Webb on the ground struggling Avith Mrs. Phipps, who was uppermost. Took Webb home.
Cross-examination. — I was not drunk, sensible, not perfectly sober.
Mr. Macdowell was very facetious in cross-examination, with reference to the fair companion of the witness. He then replied, impressing upon the jury that neither Frost, Saville, nor Fisher heard the improper language alluded to.
Mr. Justice Horne briefly commented on the case. The doubt to be attached to the evidence of witnesses in the state described with respect to sobriety. His explanation would tend to impress upon the minds of the jury, that Munday only saw the latter part of the fray, ie., in the back parlour. The jury were not however obliged to give more of the £50 than they thought proper.
After retiring for nearly two hours, a verdict was returned of One Farthing damages. 34

SUPREME COURT-CIVIL SITTINGS. WEDNESDAY, JUNE 13.
Before His Honor Mr. Justice Horne, and a jury of four.
Jurors. John Forster, James McNaughtan, James Milne Wilson, and Alfred Maning, Esqn
Phipps v. Webb.
Mr. Macdowell opened the case. He explained that by his recommendation the plaintiff and his wife had come to that Court for redress ; he anticipated that an attempt would be made by the counsel on the other side (Mr Brewer) to produce or refer to the depositions in a previous case heard at the Police-office ; this he should object to. After a brief review of the circumstances intended to be proved by the evidence, the following witnesses were called by him for the plaintiff.
John Frost Rents the billiard-room at the Ship Hotel; knows Samuel Phipps, the plaintiff, and Sarah Ann his wife; also knows the defendant, Henry Webb ; remembers the 6th May ; the new bridge at Bridgewater was opened on that day ; started to the expected festivity by Fisher's coach from Saville's, the Derwent Hotel, Murray street ; they picked up Phipps and his wife before leaving the town; Phipps keeps the Eardley Arms, and Webb at that time kept the Rock Hotel ; in the evening they all carme back to Saville's together, and went into coffee-room; Phipps was very tipsy; Mrs. Phipps was quite sober, saw Mrs. Phipps take Mr. Phipps out of the room; he had been previously lying on the sofa ; defendant got up, and without any provocation struck Mrs. Phipps on the left side of the nose, close to the eye ; it gave her a black eye ; her nose also bled a little; Mr. Webb then backed towards the front door, and returned immediately with his sleeves tucked up, and his coat off; he lifted his right arm to give Mrs. Phipps a second blow, when I caught hold of it, and got my arm round his neck to prevent him ; Mr. Phipps was again lying on the sofa.

Cross-examined by Mr. Brewer. - Saw Munday there, but could not say exactly at what time during the row, Webb knocked Phipps down, and gave him two black eyes; he himself (the witness) was sober, that is to say, partly so; Webb was half drunk. Mr. Brewer here wished to make reference to the depositions in the case at the police-office, in which Mrs. Phipps was fined £3 and costs: he considered it in the nature of a case of appeal. Mr. Justice Horne decided against such a course.

Cross-examination resumed.-Did not hear anything: said about shaking in the hat for a bottle of wine; while I held Webb's arm, when he rushed to strike Mrs Phipps again, the pulled his nose ; Webb, when he went away, had some slight scratches on his face.

Frederick Saville - Is the landlord of the Derwent Hotel, Murray-street; on the evening in question, remembers Fisher's coach Returning ; the party was in the coffee-room ; saw Phipps and his wife were leaving; heard Fisher say, in the presence of Webb, if that woman was a wife of his he would not stand by and see Webb strike her; next saw Webb with his coat off, held by Frost ; saw Webb knock Phipps down ; did not notice Munday.

Cross-examinatlon - I was sober; Fisher had taken a glass, but knew what he was about ; saw Mrs. Phipps, with her sleeves tucked up and her bonnet off, standing in an attitude before Webb (witness showed what he meant by an attitude, not a boxing attitude) ; Mrs. Phipps said her husband was so much in liquor to take his own part, but she would not see him ill-used ; witness separated the parties, leaving Webb in the coffee room, and taking Phipps and his wife into the back parlour ; he persuaded them not to meet any more, he did not like such disturbances in his house ; did not himself square at Webb ; did not hear Webb say, " take that-woman off, she is biting my cheek;" saw Munday somewhere among it, not certain where ; defendant washed his face; it was covered with blood, and all marked ; went to Webb's next day to see him, not however to compromise for Phipps; his face was bruised very badly on one side.

Re examined by Mr Macdowell - Mrs, Phipps pulled up her sleeves slightly at the wrists after Webb struck her husband ; Webb forced himself after I separated them into the back parlour ; he called Mrs. Phipps some name, or made use of some bad language ; did not hear it exactly ; Webb repeated it, and she struck him in the cheek; this was after he forced himself into the back parlour.

Joseph Fisher. - Drove the coach ; was at Saville's in the coffee-room; saw Mr. and Mrs.Phipps on the point of going ; did not see Munday ; saw Webb strike Mrs. Phipps as she was standing by her husband ; saw his second attempt lo repeat it when his coat was off; Frost stopped his arm.

Cross-examined by Mr. Brewer. - No provocation was given ; did not see the parties go away ; saw Munday in the back parlour, but not in the coffee-room. This was the case.

Mr, Brewer rose to address the Court for the defence. He said it was absurd to take up their time already bestowed at too great a length on such a trivial matter. The circumstances had already been investigated at the Police-office, the proper place for such a case to be disposed of. Mr. Macdowell had told them that he had advised the parties to come here. No doubt he was well aware of the result that was likely to follow a counter complaint at the Police-office in a case already decided upon there. The animosity and disgust of parties defeated, had induced them, regardless of all expense, and consideration for the time of the Court, to bring the case there. The smallest coin of the realm in such an assault would be sufficient, if the assault were proved, but he waa prepared to show them, by a disinterested witness too, that Mrs. Phipps was the aggressor. On the other side only Mr. Jack Frost had been brought forward at the Police-office hearing ; now they had collected a number of witnesses who might have a glimmery recollection of the affair, wonderfully freshened up. After describing conversations unfit for publication, Mr, Brewer proceeded. Upon this Mrs. Phipps got up, and after applying a very bad name to Webb, commenced a furious assault upon him. It was poor Webb that was led away, after she had severely beaten him. He should only call one witness.

Mr. George Munday. - Went by Fisher's coach to the bridge opening ; returned in Mr. Hartam's gig; afterwards went to Saville's to meet Mrs. Hartam ; from what Mrs. Hartam told him, he went into the parlour ; saw there Phipps and Mrs Phipps, also defendant and his wile; when he went in saw Webb, hat in hand ; saw him put his hand upon Mrs. Phipps's shoulder ; heard him say, "we have been friends all day, let us be friends still " ; Mrs. Phipps said, " shake with you ? (calling Webb by an improper name) I would cut my throat first " or words to that effect ; saw Webb fall backwards ; who struck him witness did not know; Webb asked what that was for ? Mrs. Phipps jumped up, and said, "I'll show you " ; she struck Webb and knocked him down again ; he was then pushed out of the room, the door was then slammed on the witness and Mrs. Hartam; heard Webb say, " take that woman home, she is biting my cheek off " ; saw Webb's cheek afterwards ; it bore the mark of teeth; witness then burst in the door; Mrs. Phipps and Webb were on the floor, Mrs. Phipps uppermost ; Webb got up with the assistance of witness.

Cross-examined - Mr. and Mrs. Phipps were presont, and Clark, the publican, at the corner of Watchorn-street ; did not see Mrs Webb ; Frost was there and Mrs. Hartam ; was not in the row when it commenced ; was not drunk-not perfectly sober ; knew what he was about.

Mr. Macdowell, in reply, said, with regard to occupying the time of the jury, they did not appear much displeased, and there was only one case more for trial. He stated the jury must utterly disbelieve Frost, Saville, and Fisher, who were there the whole time, or else entirely discredit all the imputations against Mrs. Phipps. The shaking in the hat story was confined to Munday's evidence. He hoped they would give, by their verdict, sufficient damages for the cowardly assault which had undoubtedly been committed, in the first instance, by Webb. Munday, who stated to the contrary, only saw what took place in the back parlour, and not the previous affray in the coffee room.

Mr. Justice Hone briefly addressed the jury.

It was an action for damages, laid at £50. Defendant pleaded to the declaration - First, he did not commit it; Second, plaintiff's wife was the first aggressor. These were the questions for their decision in considering the evidence. He then remarked on the degree of veracity attached to the evidence of all the parties, none of whom denied having been drinking. One witness, stated, he was not so bad as he liked to be. As far as morality was concerned he had nothing to say there, but that these matters would come home to the parties in their day. With regard to Munday's evidence, they must be satisfied he saw the whole affair. They were not compelled to give damages to the amount laid. He did not wish to lead them in their decision.
The jury, after retiring for nearly two hours, returned a verdict for the plaintiff - Damages - One Farthing !. 35

1851

HENRY WEBB, LATE of HOBART TOWN, now at the "Dungate Hotel," CORNER of CASTLEREAGH and LIVERPOOL-STREETS. SYDNEY.
Persons visiting the gold country will find every accommodation at the above Hotel. All claims against Mr. Webb are to be presented to Mrs. Webb, at Mr. Champion's, Hobart Town, during her short stay in Hobart Town, for liquidation ; and all debts to be paid to Mrs. Webb.
HENRY WEBB.
Sydney, November 1, 1851. 36

1852

Mr. H. WEBB being about to proceed to England by the Cornelia, Captain Meekleburgh, requests that all debts due to him be paid to Mrs. Webb during his absence, and all claims, if any, will be paid by Mrs. Webb.
N.B. Any person having a Cottage to sell near Sydney, may hear of a cash purchaser by applying to Mrs. Wynn, Dungate Hotel, corner of Castlereagh and Liverpool streets. 37

The departure of the Cornelia was considerably delayed, due to a general shortage of crewmen and seamen jumping ship and wanting to go to the Victorian goldfields. James Haywood may have been a classic example -

WATER POLICE OFFICE.
Yesterday, James Haywood, a seaman belonging to the ship Cornelia, was brought before the Water Police Magistrate and Mr. C. H. Chambers, charged by Captain Mickleburgh with wilful disobedience of orders. The prisoner pleaded guilty, and, in the most insolent and profane terms, declared that he would not return to the ship again. Thereupon the Bench desired Mr. Inspector Powell to go into the witness box and prove the language so used by the prisoner. This being done, the Bench sentenced him to be imprisoned for four weeks, for disobedience of orders ; and, further, for having used profane language to the Bench in open Court, to
pay a fine of £5, or, in default, to be imprisoned for three calendar months. There were several other cases of refractory and runaway seamen on the list, but they were of no interest, and the men were ordered to be put on board their respective ships. 38

DEPARTURES
July 8. - Cornelia, barque, 372 tons, Captain G. B. Mickleburgh, for London, Passengers - Miss Holliday, Mr. and Mrs. Hughes, Mr. and Mrs Webb, Miss and
Master Webb, Mr. Webb., Mr. Salter. 39

The Cornelia was carrying a considerable quantity of gold to England.

EXPORT OF GOLD BY THE CORNELIA.
The following is the list of consignors, and quantities of gold shipped for London by the barque Cornelia Captain Mickleburgh, which sailed on Thursday morning:—
Ozs. dwts. grs.
George Rees ........................ 1146 15 11
G. A. Lloyd .......................... 1000 0 0
R. A. A. Morehead ................ 790 0 0
L. and S. Spyer .................... 743 1 0
McNab, Hamilton, and Co. ..... 585 4 0
E. C. Weekes and Co ............ 403 10 0
J. Thompson and Son ........... 211 5 0
A. Hordern ......................... 78 12 0
8. Alexander ...................... 59 9 12
W. Dawes .......................... 50 0 0
H.H. Browne ...................... 10 6 22
5078 3 21
Five thousand and seventy-eight ounces, three penny weights, twenty-one grains, the value of which, at £3 5s. per ounce, is 16,504l. 2s. 7d. 40

1853

Did Henry and his family try to leave earlier ?, and lucky to survive a shipwreck ?.

The Santipore, formerly commanded by Captain Robinson, and trading between China and this port stranded on the Church Rock, near Folkestone, on October 12, she was bound for Hobart Town, from London, with a large and valuable cargo, part of which was being recovered. Among the passengers was Mr. Webb, of Sydney, who had property on board to the amount of £4000, not one farthing of which is insured.
41

A local Hobart newspaper, The Courier, carried a fuller report of the WRECK OF THE SANTIPORE.

WRECK OF THE SANTIPORE;. — The port of Folkestone, Kent, has heen the scene of much excitement during the last few days (Oct 12,) in consequence of the wreck of the Santipore, a fine ship of 650 tons, the property of Messrs. Gilmore and Co., bound for Hobart Town, which after losing her rudder on the reef known as the Church Rocks, near Folkestone, came, broadside on to the beach, and is now lying ' high and dry,' at ebb tide, within 100 yards of the Pavilion Hotel, and close to the harbour terminus of the South Eastern Railway. The Santipore left the London Docks on the 26th ultimo, with nine first-class passengers, and cargo valued at £50,000, and after encountering the full force of the prevalent south-westerly gales, her commander, Captain Jewell, ran back into the Downs. On Monday, the 3rd instant, the weather having moderated, another attempt was made to get down Channel, and on Tuesday evening the ship was within six miles of Dungeness, in mid-channel. As night drew on the weather became, very thick and hazy, with occasional heavy rain, during which it was impossible to verify, with any degree of certainty, the ship's position. A strong south-westerly gale sprang up at the same time, rendering it impossible to carry more than storm sails. About midnight the tide set strongly on to the English coast, and the current and wind together baffled all the attempts of the captain to keep headway on the ship. There was no apprehension, however, of the vessel's proximity to the coast, until within five minutes before she struck. The thick weather and the darkness of the night prevented the land being sighted until half-past five o'clock, when the ship was within a cable's length of the dangerous reef before-mentioned. An attempt to wear her off was made, but proved inefectual. She struck heavily, and remained fixed on the rocks, rolling fearfully with every sea. The captain had not had his clothes off for four days and nights, and the crew were in a state of great exhaustion, but there was no lack of energy even at this dreadful moment. An order to furl the sails, given by the captain, was gallantly responded to by half-a-dozen of the crew, although the masts were swinging to and fro with the elasticity of horsewhips. The catastrophe was observed by an officer of the Coast Guard, who immediately ran into Folkestone and gave the alarm. Several boats soon put off to render assistance, and forty or fifty boatmen were close to the wreck in a very short time. The first, care of the captain was to save his passengers, and they were sent on shore in charge of one of the officers. Captain Jewell then called the boatmen together, and informed them that he was fully aware of the dangerous position in which his ship was placed, but that he did not intend to give up her command, nor should he leave her while two planks held together. He added, that if twenty of those present chose to lend him assistance at the pumps, he would willingly accept their services and well remunerate them, but under no other circumstances would he allow them to act. The required number of men responded to the captains invitation, and consented to work under his command. Telegraphic messages were at once despatched to Dover arid Ramsgate for steam tugs, and Captain Hathorn, naval superintendent of Folkestone harbour who was early on the spot, ordered the Princess Mary, one of the South Eastern and Continental Steam packet Company's fleet, to proceed to the spot, and render what assistance she could. At noon a Dover tugboat reached her, and, with the Princess Mary endeavoured to make fast a warp to the vessel's bows. In consequence of the gale and the dangerous reef upon which the ship was lying, it was a long time before this could be accomplished. The Princess Mary first succeeded in making fast, and at flood tide all the men being kept hard at the pumps, the Santipore floated, and came off the reef into deep water, with loss of rudder and false keel, and 10 feet water in her hold. Captain Goodburn of the Princess Mary, immediately put on all steam and made for the harbour, distant not more than half-a-mile. Unfortunately, although the warp was a now on, the service it was required to perform was too severe, and at the first strain it snapped. The ship was now again adrift, without rudder or a stitch of sail set, and within a few hundred yards of the beach. At this moment the Merry Andrew, tug-boat, arrived from Ramsgate, and her captain, having dexterously backed astern under the bows of the Santipore, succeeded in getting a warp on board. It was, however, too late. Before he could get a full strain on to his boat the ship drifting rapidly inwards, scraped the ground, and directly afterwards stranded upon her broadside on the spot above indicated, heeling over to the seaboard with a tremendous list, threatening tho momentary destruction of the vessel. Captain Jewell instantly gave orders to cut away the masts, each, of which, fell in rapid succession, and the ship being thus cleared of her topweight, lay comparatively quiet on the beach. The work of unloading the vessel has since been proceeded with. The cargo consists of a general assortment of goods for the colonies, including a large quantity of silks aud cotton goods, ready-made clothing, boots, shoes, spirits, beers and wines, some iron, a quantity of malt and oats, and some sawn deals for building purposes. The ship has 12 feet water in her hold at every flood tide, and the work of unloading, necessarily only proceeds at low water The ship is underwritten for £8000, and the cargo it is said, will involve a loss of about £30,000 to the Royal Exchange and London Assurance Corporations. Among the passengers was a Mr. Webb, of Sydney, who was on his return to the colony. He had property on board valued at £4000, not one farthing of which is insured. 42

1854

Henry's death off the coast of England, is reported in the local newspapers.

On Thursday, the 6th of July last of cholera, on board the ship Lima, bound for Australia, Henry Webb, formerly of the Rock Hotel, Hobart Town. 43

The ship didn’t leave London until 14th or 15th July 44

Report of the ship Lima from London 27th July 1854 to Falmouth 27th July 1854 bound for Hobart Town
Vessel details - Lima, ship, Master McGregor, Weight 346, Cargo/other passengers : 15

The Lima, of Dundee, sailed from London for Hobart Town, but put in to Falmouth due to an outbreak of cholera. The disease first appeared on the Sunday, 5 days out from London. The next day, there were three more and on Wednesday, one of the victims died and was buried at sea. The steamer Avon fell in with her off the Lizard and sailed before her into port. On arrival, a doctor and some assistants went on board and found the entire crew were infected and that three were probably terminal. None of the passengers were infected. It appears that the drinking water was contaminated, but the passengers' water was filtered before use. 45

Henry Webb is interred in the churchyard of St-Just-in-Roseland, Cornwall, after the Lima put into Falmouth Harbour to bury the dead, having lost crew members and passengers to the cholera epidemic sweeping London at the time. His actual date of death (certified and in his monumental inscription) was 3 August 1854 46

Burial Ground St Just in Roseland - Parish Church
Name Henry WEBB Alt. Surname – Post Nominal – Date 2 Aug 1854 Age 43
WEBB Henry 02-Aug 1854 43 Churchyard Died at sea.

Lydia arrived back in Hobart in December.

SHIPPING NEWS
HOBART TOWN.
ARRIVALS.
December 3 - Lima, barque, 349, McGregor, Falmouth. Cabin-Miss Day, Mrs. E. Pulfer, Miss E. Thorley, Mrs. L. Skinner, Mrs. L. Solomon, Messrs. H. Skinner, J. Aldwincle, Mrs. H. Webb, Mrs. E. Thompson, and four children. 47

Three of his children were married in Hobart, Amelia Lydia in 1861, 48 Charlotte Rosina in 1863 49 and Joseph Albert in 1867. 50

Only Joseph Albert remained in Tasmania. The others all went with Lydia and Isaac to Victoria in late 1855 / early 1856.

Source References