James Legg alias Hewer

James the son of Ann Legg (a baseborn child) was baptised June 2nd 1799

James Legge of the parish of Castle Eaton and Rachel Carter of this parish were married in church by banns with consent of parents this eighteenth day of March in the Year one thousand eight hundred and twenty-two

By me W J Gilbert Curate

James Legge X

Rachel Carter X

In the presence of Charles Carter X, Martha Kibblewhite X, Robert Hewitt[?]

Removal order: South Cerney, Gloucestershire

16 December 1825

James Legg, wife Rachel and Ann 2 years 6 months to Castle Eaton, Wilts from South Cerney

Committed to the House of Correction [at Devizes] – William Mavelin and James Hewer, both of Castle Eaton, for 3 months each for Breach of Game Laws

58 James Hewer, age 29 from the parish of Castle Eaton, Wilts.

Description:

Dark hair, dark grey eyes, fresh complexion, long face, dark eyebrows and whiskers, large nose twisted a little to the left, two small moles over right breast, JS on right arm, J_XE marked on left arm, two moles on his hips, a scar on rt thigh, mole rt cheek near his nose

Labourer

Not read [i.e. unable to read]

5’ 3”

James Legg alias Hewer, age 26

Committed by A. Goddard, esq., charged on the oath of Richard Bridges, with having feloniously stolen a large oak pig trough, the property of John Green, at Castle Eaton.

Warrant dated July 7, 1828

To be confined in the House of Correction at Devizes for two calendar months to hard labour and to be privately whipped on his discharge.

‘The examination [statement] of William Dodd of Castle Eaton in the said County Labourer taken on oath before us his Majesty’s Justices of the Peace acting in and for the said County the 27^th day of October 1836 touching on charges against James Hewer alias Legg for a felony.

Who saith that he works as a Carter for Mr John Archer of Castle Eaton aforesaid, - that in consequence of many deforedations [sic.] being committed on his master’s farm and suspicion falling on the Prisoner he received directions from his employer to be on the look out and keep watch for the Prisoner, - that he got up between four and five o’clock in the morning of Monday the 10^th of October instant and went along the Road opposite the house of the Prisoner who lived at a short distance, - that he saw there was a light both above stairs and below in the Prisoner’s house, - that he saw the Prisoner open the door and look out and return back into the house and shut the door after him, - that the Prisoner almost immediately opened the door again and came out, - that he watched the Prisoner and saw him go up the Road and into Mr Archer’s Yard adjoining what is called the Parsonage Barn, - that he waited at the gate near the Yard, - that in a few minutes the Prisoner returned with two hurdles which he was carrying with a Prong on his shoulder, - that he stopped the Prisoner and made him put down the hurdles when the Prisoner particularly desired him not to say any thing to his master about it, - that he afterwards went to the Chaff House adjoining his master’s barn and missed from thence two hurdles which he had seen there on Sunday the 2nd of October previous and that the two hurdles which the Prisoner has had in his possession are the property of his master the said John Archer.

The mark X of William Dodd’

During the week the following convicts (convicted at the last county sessions at Devizes) have been removed from Fisherton goal to the York Hulk, Gosport … James Legg alias Hewer … 7 years.

NEW SOUTH WALES 1838

LIST of 200 MALE CONVICTS by the ship EMMA EUGENIA,

Giles Wade, Master; B. Wylie, Surgeon-Superintendant,

Arrived from ENGLAND, 9th February, 1838

Standing no. of convicts 38-615

Indent no. 181

Name James Legg alias Hewer

Age 35

Education R [able to read, but not write]

Religion Protestant

Single, married or widow Married

Children 2 male, 3 female

Native place County Wiltshire

Trade or calling Labourer

Offence Stealing hurdles

Tried: where and when Wilts Quarter Session, 3 January 1837

Sentence 7 years

Former convictions 3 months, 2 months

Height 5’ 3½”

Complexion Dark sallow

Hair Black

Eyes Hazel

Particular marks or scars Lost two front upper teeth left side, hair

thin on crown, raised mole on right

cheek, near the nose, two moles on

breast, J_xL inside lower right arm, J.E

inside lower left arm, scar on heel of left

hand, scar on ball of same thumb, scar

inside right arm

Certificate of Freedom 44/29

CERTIFICATE OF FREEDOM

No. 44/29

Date 9 January 1844

Prisoner’s No. 38/616

Name James Legg alias Hewer

Ship Emma Eugenia

Master Wade

Year 1838

Native Place Wiltshire

Trade or Calling Labourer

Offence –

Place of Trial Wilts QS

Date of Trial 3 January 1837

Sentence 7 years

Year of Birth 1802

Heigth 5 feet 3½ inches

Complexion Dark sallow

Hair Black

Eyes Hazel

General remarks Lost two front teeth left side of upper jaw, Hair thin on crown,

Raised mole on the right cheek near the nose, Two moles on

breast, J_xL inside lower right arm, J.E inside lower left arm,

Scar heel of left hand, Scar on ball of same thumb, Scar

inside right arm

[Additional notes on document:]

Scone 10^th Jan 1844

CF written for 25 March 44

Clearance granted

Cleared out in the Ramlett for London 21 Feb 44

[illegible] 8 April 44

Wilts Michaelmas Sessions 1844

William Spindloe

v

James Hewer

for Felony

Summary of witness depositions:

William Spindloe, of Highworth, Ironmonger

Sarah Arrowsmith, of Highworth, Singlewoman [servant in WS’s household/business]

John Leonard, of Highworth, Police Constable

Oaths taken on 10^th October 1844 at Swindon

James Hewer was charged on the oaths of the above with ‘having on the ninth day of October instant at Highworth in the said County feloniously stolen, taken and carried away one Hamper the property of the said William Spindloe’.

JH allegedly took a hamper from Spindloe’s yard and put it on his cart. WS said the cart was ‘without a horse’. 9^th October 1844 was market day in Highworth.

James Hewer’s examination [statement], taken on 10^th October 1844 at Swindon [some punctuation added to aid reading]:

‘I was there a week ago last Wednesday at Highworth. I bought some fowls in a Hamper very much imitating that Hamper. I sold two of them to the Brewer and the rest I took in the Hamper to the Saracen’s Head and sold the other fowls to a man I don’t know and I left the Hamper at the Saracen’s Head and the man told me I could have it next week. Then I took up this Hamper in a hurry to carry to my cart.

James Hewer X

For trial at the summer assizes 1845:

13 James Legge alias Hewer

N [neither Read nor Write]

Age 45

Crime:

Committed 29^th May, 1845, by the Revds. T.H. Ripley, and G.A. Goddard, and J.E. Prower, Esq., charged on the oaths of Elizabeth Willoughby and others, with having feloniously broken open the Dwelling-house of the said Elizabeth Willoughby, and stolen therefrom one Black Silk Gown, one Night Gown, two Knives and two Forks, and one Apron, the property of the said Elizabeth Willoughby, at Highworth.

Marlborough Bridewell

James Legge was indicted for breaking open the dwelling house of Elizabeth Willoughby at Highworth, and stealing several articles, her property.

Mr. MEREWETHER was Counsel for the prosecution.

The prosecutrix took her children out for a walk in the course of the day of the 28^th of May, and during her absence her house was robbed of a black silk gown, 1 night-gown, 2 knives and two forks. The prisoner was seen getting out of the window of the house of the prosecutrix. Part of the stolen goods were afterwards found in a wheat field; another person saw him coming from the house and running down the hill; the man followed him, and the prisoner dropped something which the witness picked up, and it turned out to be some of the property belonging to Elizabeth Willoughby. The prisoner turned into the wheat field in which the other articles were found.

The prisoner was found guilty; and two former convictions having been proved, he was sentenced to be transported for ten years.

Elizabeth Willoughby (the prosecutrix in the last case) was indicted for stealing 3 half-crowns, the property of Enos Guest, on the 10^th of July at Highworth.

Mr. BALL prosecuted, and Mr. EDWARDS defended.

Enos Guest: I am a miller; I called at the prisoner’s house, she asked me to give her and some others who were there some beer. I gave her some after the other people were gone; she asked me to go up stairs; I refused ­– She then took off my hat; she threw me on the bed and picked my pocket of 3 half-crowns, and a shilling – I found the shilling under her arm. – I then went for the police.

Wm. Miller: I am a wheelwright, and was with Guest on the 10^th of July; we met the prisoner between her house and a public-house; the prisoner came along side of our cart, and she asked us to go in, as there were some haymaking women, at tea there, and she wanted us to treat them with some beer; we went in and I heard him refuse to go up stairs. She took his hat and went up stairs, and he went up, and I heard him say she robbed him.

The prisoner was found guilty, and sentenced to 12 months imprisonment.

Indent of Male Convicts Arriving from Norfolk Island, 1 Sept 1844-19 May 1847

Police number -

Name Legg James

Height 5' 8¾"

Age 46

Trade or calling Shepherd

Where tried -

When tried -

Native place Castle Eaton, Wiltshire

Married or Single M

Children 4

Religion CE

Read or Write Read

Relations, apprenticeships, W[ife] Rachel, B[rothers] John, [illegible name],

where last residing all NP [native place]

Ship character -

Offences Housebreaking – stealing wearing apparel

Prosecutrix Mrs Willoughby

7 years transportation before for stealing a hurdle

Served the whole in Sydney

Came out in the ‘Emma Eugenia’