Thomas Jr was the fifth child born to Thomas and Hannah, and was christened on 12th Nov 1826. Warehorne is a small village in Kent on the edge of Romney Marsh - a flat, low-lying area in south-east England which became famous in the 19th century for its breed of sheep whose major characteristic was an ability to feed in wet situations, and which was considered to be more resistant to foot rot and internal parasites than any other breed. Improved methods of pasture management and husbandry meant the marsh could sustain a stock density greater than anywhere else in the world. From the 17th through to the 19th century the area around Romney Marsh was notorious for smuggling - its sparse population and proximity to France across the English Channel making it ideally suited for this activity. The parish Church of St Matthew in Warehorne reportedly still contains a tunnel used by smugglers linking the church to the nearby Woolpack Inn.

One can only speculate on the circumstances that led Thomas to commit this crime (presuming he was not wrongly convicted). Perhaps he was desperate to support his wife with a young child on the way, perhaps he felt he was owed something by his former employer, or perhaps it was just an act of bravado of a foolish youth - he was only nineteen after all. His trial was widely reported. An account from the 'South Eastern Gazette' reads as follows:-

HOUSEBREAKING.

Thomas Bensted, 19, was indicted for stealing from a dwelling-house, 40s., pair of half-boots, value 10s., and a bag, the money and property Stephen Norley, at Great Chart. Sir Walter Riddell prosecuted and Mr. Russell defended the prisoner.

Eliza Hughes deposed that she was housekeeper to the prosecutor, who went to Ashford market on the 21st January. Hearing a noise about twelve o clock, she sent a servant girl to the garret, who was unable to get in. She went up stairs some time after, and saw a hole near the lock of the door in the men's room, large enough to admit a hand. Prisoner had lived with her master some time before. When her master came home at five o clock, she went with him up stairs, and found the garret door open; on looking out of the window saw the prisoner run away from the house; and after he had got a short distance he dropped something. When he turned round to pick it up, she saw his face. There was hole in the ceiling of the men's room, which was over that in which she slept, large enough to admit a man.

Cross-examined. It was very moonlight. Thought the prisoner had on a black hat. Did not see him in the house. When he turned round she saw his face, but knew him before. Did say that she knew it was the prisoner before she saw him.

The prosecutor deposed that the prisoner left his service on the 10th October. When witness came home from market he went up the stairs, with the last witness, leading into the men's room. His housekeeper looked out of the window, and mentioned to him the name of person. Saw a rope hanging out of the window. In the corner of the room there was an old bed-tick, on which some person appeared to have been sitting. On going to his own bed-room he found his drawer open, and the above money missing, which had been safe in the morning. Went into the men's room, in which was hole near the door-post. The key belonging to the garret hung in the kitchen, but was missing that day.

He got assistance, and traced the footsteps of a man from the window about fifty yards, leading to the railway station, which is about three miles distant. On the next day witness and neighbour traced the footsteps a mile and half further towards the station. Did not see the footmarks compared with with any shoes.

Samuel Bright deposed that on the 22nd January he went with the prosecutor, and traced the footmarks from the house to the railway station. He then went to Tunbridge, where he apprehended the prisoner. Cross-examined. There were the marks of only one person. Evenden, constable of Bethersden, took the prisoner's shoes, which had been in his possession ever since.

Charles Terry deposed that he was in the service of the prosecutor. The half-boots produced belonged to him, and were taken from bis bed-room adjoining that in which the maidservants slept. He also lost at the same time two half crowns. Mr. Russell addressed the jury for the prisoner. Transported ten years.

Whatever the circumstances, ten years seems a severe sentence. Nevertheless, although it is difficult to get an exact comparison, depending on the criteria used (purchasing power of goods and services, wage value etc) the amount stolen could equate to anything between 500 and 3,800 Australian dollars (2017 values). Another comparison can be made with the amount of 55 pounds per year paid to James Bond on his arrival at Portland a little over 10 years later (see Ch 2) which means the amount stolen by Thomas was more than two weeks wages - a not insignificant amount! Had Thomas committed the offence half a century earlier, he may well have been executed, but from 1808 onwards there was progressive reform, which by 1841 had reserved capital punishment for more major crimes. The death penalty for theft was removed in 1832 - fortunately for the descendants of Thomas!

Thomas was transported aboard the "Marion" which sailed from Woolwich on the 14th June and arrived in Hobart on 16th Sep 1845. A surviving document located in the UK national archives mentions that on the voyage to Van Dieman's Land Thomas was placed on the sick list from June 20th to June 28th suffering from rubeola (measles. He subsequently worked in a labour gang at Darlington on Maria Island (co-incidentally where another ancestor of mine John Barry or Berry had served as a prison guard almost 20 years previously.) There is no evidence to suggest Thomas was an habitual criminal. The surgeon's report on the "Marion" states that he was well behaved and he seems to have been a model prisoner, to the point where he was granted a conditional pardon after serving seven and a half years. His later life also seems to have been above reproach.

The convict records reveal that he was married, with his wife's name given as Caroline and the records also give the names of his parents, Thomas and Hannah, and siblings James, Jane, Anne, Sarah and Charlotte. The marriage of Thomas Benstead to Caroline Day took place at Great Chart, a village on the outskirts of Ashford about 8 miles from Warehorne, on 2nd Sep 1844. A child named Mary Ann was born on 1st Feb the following year but lived only a few days. A little over a month later Thomas was convicted and sentenced. This event must have been traumatic for Thomas and his family, and especially for his young wife, as the couple would have realistically had to resign themselves to the likelihood that they would never see one another again. 2

Little more is known of his parents or grandparents. However it seems that Thomas' father was still living in Warehorne at the time of the 1851 census. He died from cancer of the face on 23rd December 1858 in the Willesborough workhouse in East Ashford. He was recorded as being 73 yrs of age. Despite its grim reputation the workhouse was the place where many elderly or infirm spent their last days, not because they were paupers or long-term inmates, but because the workhouse infirmary was often the only place available once they could no longer be cared for at home. It is estimated that in the 19th century over six per cent of the population may have been in a workhouse at any time.