Robert Marjoram [315] ²

   FamilySearch ID: L7JF-4TC.

  Noted events in his life were:

• Moved, After 1785 Jun 18, Hasketon, Suffolk, England.

• living, 1791, Bredfield, , Suffolk, England.

• Moved, Bef 1812 Oct 12, Sutton, , Suffolk, England.

• Conviction, 1836 Jun 19, Quarter Sessions, Woodbridge, Suffolk, England. For Felony and Housebreaking. Sentenced for 14 years.

THE TRIALFrom the Ipswich Journal 2 July 1836, page 2, column 4

Suffolk Midsummer Sessions Woodbridge June 29th

Before J Mosely Esq, Chairman, Lord Rendlesham, the Rev J H Groome, the Rev T D Betts, the Rev W A Norton, Captain Shafto, W Long Esq, Major Moore, F White Esq. Burglary - Robert Marjoram, 42, apparently a labourer, and William Marjoram, 20, his son, were indicted for having on the 15th January last, broken open and entered the dwelling house of the late Samuel Gross, of Pettistree, Gent., and stolen therefrom a stone bottle, an earthen basin, three hams, 12lbs pickled pork, four pigs faces, one bullock's tongue, a dead turkey, and a quantity of salt beef, butter, cheese, plum cake, stewed beef and divers other articles. Mr Prendergast appeared on behalf of the prosecution, and Mr O'Malley as counsel for the prisoners. Mrs Sarah Revett said, she was in the service of the late Mr Gross, on the 15th January last. He died on 24 June. About sic o'clock in the morning of 16 January, she found that her master's house has been broken open, and that several articles enumerated in the indictment had been taken away. The earthen basin which contained some stewed beef, was placed in the safe, and the stone bottle stood on a beer cask in the pantry. An iron chisel was found near the window, which appeared to have been forced by that instrument. She saw the stone bottle and the earthen basin a month ago. They were shewn to her by Mr William Fisk, and the neck of the bottle was broken off. Cross examined:- She knew Mary Roe, who was much in the habit of coming to her late master's. She had been washing it at the house during the week that the robbery took place, and Mary Roe was often in the habit of making a call, but she always went away empty handed, for witness never made a practice of giving away her master's meat and drink. Mary Roe said that she lived with her father and mother at Pettistree. She knew the prisoners, but more especially William Marjoram, and had been very frequently backwards and forwards at the house where he lived. She remembered a stone bottle being found by the constable in a pond near the prisoner's house - in a night in January last the prisoners were in bed and did not get up.

Mr Prendergast: - You say in A night. How do you know they did not get up. Did you sleep with both? Witness:- No I did not. They slept in their own bed every night during the whole of last January, and when Mr Gross's house was robbed, both of them were at home. Mt Prendergast:- Then you are telling me lies. Let me look at the depositions. Mr O'Malley:- I apprehend the only object my learned friend has in view in pursuing this course of examination is to discredit the testimony of his own witness. Mr Prendergast:- (to witness) We don't want you. Go down. William Fisk, constable, said in consequence of some information which he had received after having seen the last witness, we went on 28 May to search the house occupied by the prisoners at Bredfield. He found a basin with four or five others which were placed one within the other. The basin was descibed by the woman Roe, and he had received no information previously from Mrs Revett. He also found a quantity of turkey feathers in a bag concealed under a bed. He next went to the pond at the end of the prisoners' house and after raking it found a stone bottle, the neck of which had been broken off.

Cross examined:- There were three tenements under one roof, and the prisoners' house was nearest to the pond. He did not know that the prisoner had any more right of access to the pond dthan other people. Chairman:- The pond, I suppose, was open to all the neighbourhood? Witness:- Yes, but it lay nearest to the prisoners' house. Mr Prendergast:- And it was open to all Suffolk! Mr O'Malley:- If May Roe herself had taken away the bottle from the premises of Mr Gross, she could have thrown it into the pond? Witness:- It is not impossible that she could have done so. The basin and the stone bottle were produced and identified by Mrs Revett. Mr O'Malley submitted to the court that there was no evidence to go to the jury against the prisoners. In the first place the bottle was clearly out of the question: it was in evidence that it was found in a pond, which was open to the whole neighbourhood, and indeed to the whole county of Suffolk. It was not found in the possession of the prisoners. On the other hand, it would seem that the only evidence connecting the prisoners with the serious offence of breaking into the dwelling-house, was the possession of the basin for upwards of four months after the robbery was committed - a period so long that he felt perfectly confident no presumption of guilt could arise against the prisoners. The only reasonable assumption was that the basin had been stolen by the woman Roe, and had afterwards been thrown into the pond. In confirmation of this opinion, the learned counsel quoted two cases from "Russel on Crimes, Vol 2". In the first, it was held by Mr Justice Littledale in Rex -v- Smith Ry & Moody NPC 295, that the possession of stolen property soon after a robbery was not in itself a felony, though it raised a presumption that the possessor was a thief. In the other case, Rex -v- I Carr and p 459, when the only evidence against the prisoner was that goods which were stolen sixteen months before were found in the prisoner's possession, Mr Justice Bayley directed an acqittal without calling on the prisoner for his defence - Mr Prendergast, contra, submitted that a case had been made out for the Jury: first, that the basin was found in the house of the elder prisoner; and second, the stone bottle was taken out of the pond, to which he also had access - The Chairman said, if a man was taken with stolen property in his possession, it was for him to trace it - Mr O'Malley submitted that if they were at liberty to presume guilt after foour months had elapsed, they might equally raise the same presumption after the lapse of three to four years - The Court decided that the case should go to the Jury, who found both prisoners guilty, and they were sentenced to be transported for 14 years. They left the dock protesting that they were innocent.

• Imprisoned, 1836, Woodbridge Gaol, Woodbridge, Suffolk, England. ⁴ MARJORAM Robert 49 Labourer Felony 14 years Bredfield 1836

• Occupation, 1836, Woodbridge, , Suffolk, England. Labourer

• Emigration, 1837 Mar 23, Portsmouth, , Hampshire, England. On ship Mangles. (594-595 ton, built at Calcutta in 1802, 6 guns.)

• Immigration, 1837 Jul 10, Sydney, Cumberland County, New South Wales, Australia. On the Mangles (8).

• living, Bef 1844, Port Stephens, New South Wales, Australia.

• Ticket of Leave, Bef 1844, New South Wales.

• Moved, 1844-1851, Bathurst, Bathurst County, New South Wales.

• Certificate of Freedom, 1851 Nov 25, New South Wales, Australia. ⁵

• Witness, 1852 Jun 21, St Matthews, Ipswich, Suffolk, England. of marriage of son Robert and Lydia Moss's wedding.

• Witness, 1853 Apr, St Mary, Woodbridge, Suffolk, England. of marriage of daughter Mary andd and John Broom's wedding.

• Immigration, 1853, Sydney, Cumberland County, New South Wales.

Robert married Lucy Rawling [23954] [MRIN: 17155] on 1812 Mar 30 in Hoo, Suffolk, England. (Lucy Rawling [23954] died before 1814 Oct 12 in Suffolk, England.)

Robert next married Fanny Crow [424] [MRIN: 183], daughter of Charles Crow [5176] and Frances Burrows [5177], on 1814 Oct 12 in Bredfield, , Suffolk, England.⁶ (Fanny Crow [424] was born before 1795 Mar 24 in Ufford, , Suffolk, England, christened on 1795 Mar 24 in Ufford, , Suffolk, England,⁷ died in 1864 and was buried in Meadow Flat Cemetery, Lithgow, New South Wales.)