On list of prisoners transported to Newcastle
NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Alexander McLean per Ocean, Thomas Butler per Indefatigable and William Tunnecliffe per Elizabeth all in government service charged with stealing wheat at the Kings wharf.....Anthony Dwyer a settler at Patterson s Plains stated....I came to Newcastle from my farm yesterday morning. I had a quantity f wheat in the boat with me; it rained heavily during the night and the wheat had got wet. On my arrival at the wharf, I had the boat secured and left her with the wheat whilst I went into the town on business. On my return three bags of wheat were missing. I reported the loss to the Chief constable. The wheat now before the court appears to be that which was stolen from my boat. Chief Constable Calvert gave evidence.....I was informed by Anthony Dwyer yesterday morning that he had lost three bags of wheat from alongside the Kings Wharf. I was making enquiry about it and had a suspicion. I went to Eckford s house and asked to be allowed to examine there which was only granted if I was accompanied by Dwyer, but could not find any wheat. I asked Mrs ? if she had seen any person pass her door in the course of the day. She said she had seen two or three men pass with full bags on their shoulders. She also added that she thought it not right as they looked back frequently as they went along. She said they carried the bags along the bottom of Mr. Elliott s garden to the back street and she recommended me to search the Pilot crew hut and Betsy Davis s house. After I had examined the hut Mr. Elliott came to me and asked what I was looking for. I told him. He replied that the Commandant had noticed some grains of wheat on the steps of the Carpenters shop in the lumber yard and advised me to go and search there. I searched Betsy Davis s house and also the carpenter s shop in the yard but found nothing. On my return I met Mr. Smith who told me the information I had received from Dwyer was incorrect. That by Eckfords store, was meant, the store adjoining Mr. Elliott s house where the pilots stores were usually kept. I went to Mr. Elliott for the keys knowing they were usually deposited at his house. Mr. Elliott told me he had not got them, that the pilot must have them. I went to the pilot who told me the keys had been taken from his charge by Mr. Elliot two months ago. Thomas Lawson gave evidence...I am overseer of the Government Wind mills. I am a prisoner of the Crown but shall be absolutely free in about five weeks. On Saturday morning I was standing in front of Mr. Eckfords house about sixty yards from Mr. Elliott s front door. I saw two men with bags full of something pass Eckfords house and cross the gully and proceed towards the gate of Mr. Elliott s house which is in the main street. They reached the gate. Mr. Elliott was standing near his door in his shirt sleeves. He held up his hand and the men immediately turned back and went round by the bottom of his garden and turned up the back track. I saw them at Mr. Elliott s back gate in that street proceeded by Alexander McLean. Mr Elliott over their standing in his own way. I saw him give McLean something which I verily believe to be a key. He immediately went and opened the store adjoining Mr. Elliott s house. The two men followed him and they all three that is to say McLean, Butler and Tunnicliffe went in.....The voluntary declaration of Alexander McLean....I am one of the Pilots boats crew. Alexander McLean then gave a voluntary declaration of the whole robbery which was very detailed. His confession exonerated William Elliott completely. Alexander McLean was sentenced to 50 lashes and sent to Port Macquarie for the remainder of his sentence. Butler and Tunnicliffe were discharged for want of evidence.