1829. 29 June. he states to have been filed in his office, that Jane New became free on the 27th of April last (two of which Affidavits are stated by him to have been sworn to by her husband and herself, which affidavits he refused however to produce, although he said they were then in his possession) it was his bounden duty to have communicated the circumstance to Government, in order that the usual Certificate of freedom should be made out and any measures for her apprehension, which might have been taken by the Government, discontinued. The Council, finally considering the dangerous example this affords to a Colony constituted as this is, are of opinion that Mr. John magistracy and Stephen, Junior, has been guilty of a most flagrant dereliction of his duty, and, therefore, recommend that his name be struck out of the Commission of the Peace, and that he be suspended from the Office which he now holds as a commissioner for apportioning the Territory, until His Majesty's pleasure shall be known. Recommend ation for dismissal from suspension from office of J. Stephen, jr. Case of Escape, apprehension and second escape of Jane New. In concluding their Proceedings on this subject, the Council, with reference to their Minutes No. 1 of the 8th of January and No. 3 of the 23rd March last, think it proper to state that the Prisoner Jane New, after having committed repeated acts of shoplifting in this Colony, had judgment of death recorded against her in the Supreme Court on the 5th of January last, but that, in consequence of an opinion of the Judges that her conviction was not valid, she having been tried and sentenced under Statutes which had been repealed and were not in force (in this Colony) at the time the offence was committed, her sentence was remitted, and, being a Convict, she was sent to the Female Factory at Parramatta to prevent her continuing her depredations upon the public. She remained in the Factory until the 21st of March, when she was brought before the Supreme Court by a writ of Habeas Corpus, upon a motion of Mr. Sydney Stephen, on the ground of her having been illegally detained, when the Court ordered her "to be remanded to the Factory at Parramatta for safe custody, until His Excellency The Governor should cause her to be transmitted to Van Diemen's Land, from which Colony she came to this Colony contrary to Law," she having been originally transported to Van Diemen's Land and subsequently permitted to accompany her husband to Sydney; but, by the improper interference of Mr. John Stephen as appears by a Letter from the Sheriff, dated the 28th of March last and addressed to the Colonial Secretary, she effected her escape from custody immediately after leaving the Court House on that occasion. She was afterwards apprehended in a House at no great distance from that in which the Police had latterly information of her having been concealed, and returned to the Factory, from which she finally escaped on the 5th of April. In consequence of this event. His Excellency directed an Enquiry to be made into the circumstances by the Committee of Management of the Factory, and this Report on the subject is recorded in the Appendix. The Examination of Ellen Fraser, as contained in that Report, goes further to prove that Mr. John Stephen assisted in the first escape of Jane J. Stephen, jr., New, as the circumstances stated by Fraser could only, from her Inquiry re escape. Connivance of in first escape. situation as a close Prisoner in the Factory, have been communicated by Jane New herself, notwithstanding Mr. John Stephen's Affidavit on this subject, as also recorded in the Appendix, which, however, does not appear to contradict Jane New's Statement as reported by Ellen Fraser that he conveyed Mrs. New from Sydney after she had effected her escape from custody. It further appears to the Council that Mr. John Stephen has been more or less connected with the case of Jane New for a considerable period. The Council then adjourned sine die. E. DEAS THOMSON, Clk. of the Council. Extracted from the Minutes of the Executive Council of New South Wales by (P.) RA. DARLING. E. DEAS THOMSON, Clerk of the Council. 1829. 29 June. APPENDIX to the Proceedings of the Executive Council (Minute Appendix to No. 24 of 1829) includes the following: Sir. [Appendix BB.] MR. F. N. ROSSI TO COLONIAL SECRETARY MACLEAY. Police Office, Sydney, 19th June, 1829. proceedings. I have the honor to report to you for the information of His Transmission Excellency The Governor that, having received information that of papers re Jane New. the Female Prisoner named in the Margin.* who some time since effected her escape from the Female Factory at Parramatta, was barboured and concealed in the House of a man named Amos Crisp, a Ticket of Leave holder at Lower Minto. I directed the Assistant to the Chief Constable (Skinner) to repair to the House in question, and I have now the honor to transmit to you a Letter from the Bench of Magistrates at Liverpool together with the depositions taken before them on the charge against Amos Crisp, whom I have detained in Custody till the pleasure of His Excellency be known. I have, &c.. Sir, F. ROSSI, J.P., and P. Supt. of Police. [Sub-enclosure No. 1.] MESSRS. MOORE AND KINGHORNE TO MR. F. N. Rossi. Liverpool Court House, 18th June, 1829. We have the honor to enclose depositions taken before us Transmission this day relative to a search made at the residence of "Amos of papers by Crisp" a Ticket of Leave-holder at lower Minto in this district. magistrates. The person Jane New" has not yet been found; but, from the within Testimony, and the Articles found in "Crisp's " house, there can be no doubt that she made her escape on the constables entering the premises. We have placed two Constables in charge of the room and property therein contained, and we have no doubt but Jane New will soon be apprehended, as we have ordered strict search after her. We have sent "Amos Crisp" to Sydney in charge of Constable Skinner. We have, &c.. T. MOORE, J.P. [Sub-enclosure No. 2.] AFFIDAVIT BY J. SKINNER. Liverpool Court House, 18th June, 1829. Affidavit by JOHN SKINNER. Assistant Chief Constable in Sydney, came before Jane New. us, Thomas Moore and Alexander Kinghorne, Esquires, Magistrates of the Territory, and maketh oath and saith That yesterday he * Marginal note.-Jane New, Tried in April, 1824-Sentence, Seven Years. 1829. 29 June. Affidavit by Affidavit by received orders from the Prinl. Supdt. of Police in Sydney and the Chief Constable there to proceed immediately to Liverpool, and from thence to the residence of Amos Crisp, a ticket of leave holder in Lower Minto. That Dept. called on the Chief Constable of Liverpool, Mr. Meredith, who conducted Dept. to Crisp's Residence and their orders being to search for and apprehend a person named "Jane New" and bring her to Sydney. That they arrived at Crisp's residence last night a little past twelve o'clock; they knocked at the door, and, after about five minutes' waiting, were admitted into the house. That Deponent with Mr. Meredith searched every apartment in the house whilst they had stationed a Constable on the outside to watch if any person had made their escape. That Deponent searched four different apartments but did not find the person looked for. That, on entering the fifth apartment, they found the door to open from the outside and the door was about half open. Dept. asked Crisp how he happened to leave that door open at such a late hour of the night; he replied that they must have gone to bed and forgot to shut it. That, on searching the room, Dept. found a bed with the bed clothes turned half down, and on feeling the clothes perceived that they were quite warm as if a person had newly left it. That, on searching the Room, they found sundry articles of women's apparel and likewise some men's apparel. Deponent asked Crisp who had been sleeping in this bed; he answered his Daughter. Deponent then said, how could your Daughter be sleeping here, when I saw her in another room in bed with the Children? To this, he made a reply that he did not understand what Dept. meant. Dept. then asked Crisp to whom the clothes belonged that were in the room? he replied that all the women's apparel belonged to his Daughter, and the men's apparel belonged to himself. Sworn before us this 18th day of June, 1829. his JOHN X SKINNER. mark THOS. MOORE, J.P. [Sub-enclosure No. 3.] AFFIDAVIT BY F. MEREDITH. MR. FREDERICK MEREDITH, Chief Constable of Liverpool, being duly sworn, corroborates the foregoing Testimony of John Skinner in every particular relating to the search made for the person named "Jane New" at the residence of Amos Crisp at Lower Minto, and makes the following additions: That, on suspecting a person had made their escape from the apartment where the bed was found warm. Dept. asked Crisp's Daughter to allow him to look into some of the Trunks and Boxes in the room, thinking that he might discover some traces that might lead to the person who had been sleeping there. That, on Dept. opening a small Box which stood on a table, Deponent found a Certificate marked A. which he has signed with reference hereto; that, on searching a larger box in the same room. which contained a quantity of woman's apparel, as also a woman's side Pocket in which pocket he discovered the Certificate marked B, which Deponent has likewise signed with reference hereto. 1829. 29 June. Affidavit by F. Meredith re search for On making this Discovery, Deponent said to Amos Crisp that the Certificate marked B contained the name of the person "Jane New " that he was in search of, and plainly testified that she had been Jane New. there: Crisp on this, as also his Daughter, positively denied that ever such a person had been in their house; Dept. on this consulted with the former witness John Skinner, and they brought Amos Crisp in Custody to Liverpool, and left a constable at Crisp's residence to take charge of the apparel in the room and to watch if any person came to own or carry it away. Sworn before us this 18th day of June, 1829. Sir. FREDK. MEREDITH. THOS. MOORE, J.P. ALEXR. KINGHORNE, J.P. [Appendix CC.] MR. T. MACQUOID TO COLONIAL SECRETARY MACLEAY. Sheriff's Office, Sydney, 28th March, 1829. In compliance with the request contained in your letter of yesterday's date, I have the honor to report, for the information of His Excellency the Governor, the result of the enquiry made by me into the circumstances attending Jane New's escape from the Custody of a Gaol constable, named Samuel Cleme, on the 21st Inst. When the Court had decided that Jane New was to be returned to the Factory at Parramatta, I fully expected she would have been remanded to Gaol, under an order of the Court for transmission in the usual way, and I gave instructions to a Police Constable in waiting near me in Court, named John Kelly, to take care of her for that purpose. These instructions I afterwards confirmed to the under Sheriff, Mr. Prout, who came into court about the time. I have felt it necessary to take down the statement of Mr. Prout and Kelly, as to what passed on the occasion, enclosed herewith No. 1 and 3, which will explain the manner in which Mrs. New came to be left in the sole custody of the Gaol Constable, a circumstance I was not apprized of till after she had accomplished her escape. On asking the Registrar Mr. J. Stephen for the order which I had understood was to be made in regard to the Woman in question. he shewed it to me, observing that she could not be sent to Gaol under it, but ought to be forwarded at once to the Factory, which he considered it was his duty to carry into effect. Looking upon the Registrar as the Organ of the Court, whose directions in the case he was obeying, it appeared to me that Jane New was removed from my charge or responsibility; and I therefore did not interfere further in the matter, but left it to that Officer to do what he might deem his duty on the occasion. I beg to enclose the statement of Samuel Cleme. No. 2, as to the manner in which Jane New effected her escape from him. As this man's conduct on the occasion appears to have been very stupid and negligent. I have deemed it my duty to remove him from the situation of Gaol Constable. It will by this time be within the knowledge of His Excellency that Jane New is again in Custody. I have. &c., T. MACQUOID, Sheriff. 1829. 29 June. Statement re by S. Cleme; ard by [Sub-enclosure No. 1.] STATEMENT BY J. KELLY. Sheriff's Office, 28th March, 1828. JOHN KELLY (a Police Constable) states that, on Saturday the 21st instant, while in attendance on the Supreme Court, the Sheriff gave him (John Kelly) instructions to this effect Constable, that Woman (Mrs. New) is to go back to the Gaol, keep a look out on her"; when he advanced near the woman, who he found in charge of a Gaol Constable, and observed to him, "I have charge of this Woman"; to which he received a reply that, "I brought her up, and can take her back again"; at which time Mr. John Stephen interfered, and ordered that she be left in charge of the Gaol Constable, who had brought her up in the morning, and that he would write an order for her, on delivery of which he told the Gaol Constable to take the Woman to the Secretary's Office, and then observed to James Kelly "never mind, He" (pointing to the Gaol constable) "can take her down." [Sub-enclosure No. 2.] STATEMENT BY S. CLEME. SAMUEL CLEME confirms what James Kelly has stated, as far as regards what passed between them, and further adds that, on Mr. Stephen observing that he can take her down," he gave the Constable a paper, which he understood to be an order to take her to the Secretary's Office, as directed by Mr. Stephen. On the way down, through Elizabeth Street Mrs. New begged to be allowed to get a drink of water, to which he gave consent, following her into the house of one Thomas Evans fronting to Philip Street, where she took off her bonnet and Shawl, and then went into a bed room, where, from motives of delicacy, he did not follow her. On finding after waiting a short time that she did not return, he requested Mr. New to seek for her. The woman of the house then observed, She's gone out at the front door"; when he (the Constable) said to Mr. New this is a pretty concern," Mr. New replied, he would not have had it happen for One hundred and Fifty Pounds." He (the Constable) then returned to the room, and took charge of the Bonnet and Shawl, and, on Proceeding to the Front door, Mr. New observed, "perhaps she is gone to see Mr. Stephen on some business she may have forgotten"; when almost instantly Mr. Stephen appeared, and said to Mr. New. "take care of your wife." Mr. New replied. "She's gone, Sir, she has made her escape." He (the Constable) then returned to the house, and made further search, which proved fruitless. The Bonnet and Shawl he took to the Gaol. [Sub-enclosure No. 3.] MR. PROUT (the under Sheriff) states that, immediately after the decision of the Court was passed on Mrs. Jane New, he came into Court, where the Sheriff informed him that she was to be sent to Gaol for transmission to the Factory, and desired him to see that Constables were duly attending to her safe custody or words to that effect. While, in the act of looking after this woman, He observed several constables around her, and the woman complaining of their harsh treatment; when Mr. Stephen appeared and observed, |