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Colonial Cases

1830INSW

THE AUSTRALIAN, Saturday 2 January 1830

A laborer named Joseph Fenton, who lived for many years at the Nepean, while engaged in his usual occupation in the open field one day during the early part of the present week, fell down and immediately expired.  An Inquest sat on the body, and returned a verdict of---died by the visitation of God.

 A poor old woman [Catherine Marmion] who was seeing the old year out and the new one in, on the Rocks, opposite the dead wall running round Sir Campbell's Wharf, unluckily spoiled the fun, by slipping off the [leading??] precipice.  When picked up, it was found that the poor creature had cracked her neck.  Under one arm was found a boiled fowl and under the other a loaf of bread, to which in the convulsions of death she adhered pertinaciously.

 

The Sydney Monitor, Saturday 2 January 1830

....[extract from letters.] ...The following is a letter received by the defendant respecting poor Mc'Cue.  Mc'Cue himself, has been transported to Moreton Bay, and although Mr. Baxter pledged himself, in presence of Judge Dowling, to have the conviction on which he was transported quashed, on the grounds of its illegality, and which pledge was requested by the Judge, to save the public time in pursuing a legal process, the end of which was, the restoration of poor M'Cue to his wife, to whom he was assigned, and therefore whose labour was as much her property as Peter Tyler's was ours.  Yet Mc'Cue is still at Moreton Bay!  from the following letter it appears the poor woman will require that labour no more.  It is headed [???]:

The final end of poor Ann M'Cue, the wife of Dennis M'Cue.

TO THE EDITORS OF THE SYDNEY MONITOR.

 SIR,

 About two months ago, opposite my home, about the hour of twelve at night, I heard cries of murder.  I discovered it proceeded from Ann M'Cue, who was turned out of a certain house, and knocked down.  The night was cold and wet. I heard her groaning for a long time after; it however appeared that she died in the course of the night.  An inquest returned died by the visitation of God.  She lay in a poor man's house for four days.  No one ever came forward to assist the old man to remove her.  At length the old man placed the corpse upon a wheelbarrow, tied a rope over the coffin, and was proceeding with the corpse, when he was hindered by some by-standers.  He went to the Chief Constable to know what to do; in the interim of his absence, the corpse was taken away by some men; a grave was found ready dug, where she was placed in without any care---and so ends the case of Ann M'Cue.

 The forgoing are facts---I was an eye-witness of them; you are at liberty to insert the same.

CHARLES ELLIS,

No. 24, Kent-street, Sydney.

 Her husband's money in the Saving Bank, although part of her former hard earnings, was of no service to her.

 

THE AUSTRALIAN, Saturday 9 January 1830

CORONER'S INQUEST.

An inquest was convened by Major Smeathman, coroner for Sydney, at The Australian Hotel, on Friday last, on the body of Catherine Marmion, who met her death by falling off a part of the Rocks overlooking George-street the night before, as we have already described.---Verdict, Accidental death by falling from a rock while in a state of intoxication.

 A reprieve has arrived for Miller, formerly a constable, who many of our readers may remember was tried and found guilty for the murder of his wife upwards of 12 months ago; since then Miller has been confined on board the Hulk until the answer of the twelve Judges to whose consideration his case was submitted should arrive from England.  They have commuted the capital part of Miller's sentence and adjudged him to work for life in irons at Norfolk island.

 

THE AUSTRALIAN, Wednesday 13 January 1830

CORONER'S INQUEST.

An Inquest was convened at the Flower Pot, York-street, before Major Smeathman, on Saturday last, on the body of Mrs. Bevitt, a midwife, who died suddenly during the evening previously, after having got out of bed to attend a patient.  The Jury returned a verdict of---died by the visitation of God.

 

THE AUSTRALIAN, Friday 15 January 1830

CORONER'S INQUEST.

An Inquest was held yesterday at the Tiger Inn, on the body of a fine boy about five years of age, who was drowned in a well on his father's premises, left in a dangerous and exposed state.  It appeared the child, named Turner, had returned home from school about five o'clock yesterday.  He was seen playing in the yard at the back of the house, and was missing for some hours; when, upon diligent search, about 11 o'clock the same night, the child was found in the well, and drawn out, lifeless.  It is supposed the body had been in the well six hours.  The Jury returned a verdict---"Accidentally drowned in an unprotected well, on the premises of its parents."  The Coroner expressed to the disconsolate father, who by trade is a carpenter, the glaring impropriety of his suffering the well to have been so shamefully neglected as to occasion  the loss of life to a fellow creature, and some further admonitions which, it is hoped, will prevent a like occurrence.

 

THE AUSTRALIAN, Wednesday 20 January 1830

We are sincerely grieved to hear, that Mrs. [Jane] Wardell, on the road towards Bathurst a couple of weeks ago, in company with her son, Dr. W. and her niece, was thrown from the horse on which she rode, and received a severe fracture of the leg.  Report adds, that the accident has cost this respectable lady her life.

 

THE AUSTRALIAN, Friday 22 January 1830

DEATH.---On Thursday the 16th instant, at Dr. Wardell's farm, Bathurst, Jane, relict of Robt. Wardell, Esq. late of Westbourne Place, King's Private Road, and formerly of the City of York, of a fracture of the leg, by a fall from the horse on which she was riding, in company with her son and niece. ... Mrs. Wardell was in the 73d year of her age, when the melancholy accident occurred. ...

 

THE AUSTRALIAN, Friday 29 January 1830

A Coroner's Inquest was held on Wednesday, at the sign of the St. Patrick, Gloucester-street, Rocks, on the person of a poor woman named Anna Sutherland, who was far advanced in years, and died the preceding day about 3 o'clock.  It appeared she had been unwell some time previous, and that her dissolution had been accelerated by her extreme poverty.  The Jury under all the circumstances, returned a verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Wednesday 3 February 1830

The Lucy Ann, from Moreton Bay, bearing intelligence from that Settlement of the loss of a boat, in which were six persons, two of whom perished in the heavy sea by which the boat was capsized.

 After piloting the Mary Elizabeth over the bar at Moreton Bay, during her late trip thence, we have since learned that the pilot attempted to return, but owing to the heavy surf the boat was capsized, and the pilot and two of his crew were drowned, the remainder escaping with considerable difficulty.

 The Lucy Ann, which arrived on Sunday, brings up two men, committed to take their trial for murder.  It appears that one of them knocked his "chum" down, while the other drove a pickaxe through the body.  The men swear, with what truth we do not say, that they would rather be hung than continue to suffer brutal treatment at Moreton Bay.

 

THE AUSTRALIAN, Saturday 6 February 1830

A Coroner's Inquest was held early on Thursday morning at the Talbot Inn, Brickfield-hill, on the body of a man named James Slatterly, a prisoner of the Crown, employed at Carters' Barracks as watchman, who on Wednesday afternoon, between four and five o'clock, sat down on the road side on Brickfield-hill, and complained of a shortness of breath.  He asked for a drink of water, obtained and drank it, and shortly after expired.  The Jury returned a verdict---"Died by the visitation of God."

 

THE AUSTRALIAN, Friday 12 February 1830

On Saturday a young gentleman named Cope, an inmate of the Rev. Mr. Docker's boarding-school, at Windsor, while bathing, was unfortunately drowned.  The Rev. Mr. Docker nearly shared the same fate in endeavouring to rescue his pupil from the insatiable element, but without effect.

 An Inquest was convened by Major Smeathman, coroner for Sydney, on Saturday, at the Governor Macquarie public-house, Pitt-street, on the body of an elderly woman, named Ann Kelly, assigned to Mrs. Dick of the same neighbourhood; it appeared that she had been ill for some time; the Jury returned a verdict of---Died by the visitation of God.

 

THE AUSTRALIAN, Wednesday 17 February 1830

CORONER'S INQUESTS.

On Sunday morning an inquest was held at the Highlander, Kent-street, on the body of a fine little girl, about five years of age, named Mary Ann Tafe, who, on the preceding day, had incautiously been playing with fire, in a field not far from the dwelling of her parents, and was discovered about 4 o'clock, P.M. of that day, by a constable named William Small, completely enveloped in flames, endeavouring to ascend a bank in its way home; the constable, with great promptitude, tore off the burning clothes, and placed the child in its mother's arms, who had reached the spot on hearing the alarm; the wretched child was carried home, and expired about two hours after, notwithstanding medical aid and every possible care was administered.  Verdict---accidentally burnt in so shocking a manner as to occasion death a short time afterwards.

 Yesterday a Coroner's Inquest, of some of the most respectable inhabitants assembled at the London Tavern, George-street, to enquire into the cause of the sudden death of an individual named Thomas Buckton, formerly a brewer on Brickfield-hill, who had been confined in No. 5 Watch-house, since Friday night last, for having in his possession a gold watch, identified to have been stolen.  During his confinement, until Sunday evening, when he died, he had, at proper intervals, been allowed to go about the watch-house, ad libirtuw, for the benefit of fresh air, and had shewn strong symptoms of aberration of mind; he was at length confined, from motives of precaution replaced in his cell, and there found dead about 9 o'clock.  Dr. Bland examined the body, and was of opinion, from the attested history of the case, that the deceased came by his death, partly from the diseased state of his body, more particularly the stomach, which is very frequently attended with a certain species of delirium, and partly from the extreme heat of the weather, and the closeness of the air of the cell in which he was confined.  Verdict---that the deceased died from suffocation, much accelerated by the heat of the weather, the closeness of the cell in which he was confined, and a predisposition of the state of the body, arising out of a constant excess of [????????].

 

THE AUSTRALIAN, Friday 3 March 1830:

CORONER'S INQUESTS.

On Friday, an inquest was held, at the Rose and Crown Inn, before the Coroner for Sydney, and a Jury composed of the Serjeant-major, five other serjeants of the 39th regiment, and six civilians, on the body of private Henry Jolly, of the same regiment, who, about five o'clock on the morning of that day, upon quitting his berth in the barrack-room, was seized with a vomiting of blood to a most alarming degree.  He was immediately placed on a table in the room---the hemorrhage increased---and he died while in the act of conveyance to the Regimental Hospital.  Upon opening the body, by Dr. Mair, it was discovered there was a suffusion of blood about the lungs; there was also an enlargement of the heart and ossification of the aorta.  The Jury, after a mature investigation, returned a verdict---"Died by the visitation of God, in consequence of having internally broken a blood vessel."

 Another inquest was held the same day, at the sign of the Macquarie Hotel, Pitt-street, on the body of Mr. John Stafford, a shopkeeper in the same street.  It appeared the deceased quitted his house about eight o'clock on Wednesday evening, and returned home about eleven the same evening, very drunk.  From his own account he had been, while out, knocked down on the Race-course, and robbed of his watch, &c.  Upon returning home he was persuaded to go to bed, where he remained all Thursday, and expired about four o'clock on Friday morning.  The opinion of Surgeon Bland, who opened and carefully examined the body, was, that he died of intense inflammation  of the abdomen, and not from any immediate external injuries.  He was latterly much addicted to drinking ardent spirits.  Verdict---"Died by the visitation of God."

 At the Globe Tavern, Castlereagh-street, a Coroner's inquest was likewise convened, on Sunday morning, on the remains of the late Mr. Thomas Brunton, dancing-master of Sydney, who was thrown from his horse, while riding furiously in Upper Market-street, near the Race-course, about seven o'clock on Saturday evening last; by which accident, having pitched on his head, he fractured his skull, and sustained other injuries on the head, which occasioned his death at the Globe, at an early hour next morning.  Dr. Smith was called in too late to be of service.  Verdict---"Accidentally killed, in consequence of a fall from his horse in Upper Market-street, while riding furiously on the evening of the 27th inst."

DEATH.---Mr. [John] Stafford, of Pitt-street, who was found dead in his bed early on Friday morning.---This individual had for many years been a respectable dealer in that part of Sydney, and has left a large family to lament his untimely dissolution.---The deceased was pretty well advanced in years, and had been declining for some time.

 

The Sydney Monitor, Wednesday 3 March 1830

CHIT-CHAT.---On Sunday morning, an Inquest was convened at the Globe Tavern, Castlereagh street, by Major Smeathman, on the body of Mr. Thomas Brunton, who met his death the evening previously.  It appeared in evidence, that as Mr. B. was riding sharp round the corner of the Globe Tavern from the race-course, his horse threw him violently, and the back part of his head came in contact with the ground, causing a fracture of the skull and a compression on the brain, which occasioned his death; it appeared the deceased lingered after his fall, nearly twelve hours, during which time however he never spoke.  The Jury returned a verdict of "Accidental death by being thrown from his horse."

 

THE AUSTRALIAN, Friday 5 March 1830

The trial of the murderers from Moreton Bay is unavoidably postponed sine die, to allow sufficient time for the arrival of witnesses from that settlement.

 

THE AUSTRALIAN, Wednesday 10 March 1830

On Monday afternoon a fine boy, about six years of age, son of a butcher named John Jobbins, residing in Cambridge-street, Rocks, was, while playing accidentally drowned in a well at the back of his father's house.  The well is considered highly dangerous, being totally exposed, 29 feet in depth, and 8 feet in diameter.  A coroner's inquest assembled by ten o'clock yesterday morning on the bopdy of the child, at the Saracen's Head, Gloucester-street, Rocks, and after the clearest evidence, returned "Accidentally drowned in an exposed and dangerous well, situate at the back of his father's house in Cambridge-street. [Editorial comment follows.]

CORONER'S INQUEST.

On Sunday last, between one and two o'clock, Major Smeathman, Coroner for Sydney, convened an Inquest in one of the strong rooms of his Majesty's Gaol, Sydney, on view of the body of Mr. Alexander Still, formerly a respectable Merchant in Scotland, who had died the preceding evening in one of the debtors' rooms.  According to legal custom, six of the Jurors were chosen from among persons confined in the prison, and six householders.

 Captain Steel, Governor of his Majesty's Gaol stated, that the deceased had been received into prison at the suit of Mr. Caleb Wilson, of George-street, Sydney, and confined there since Oct. 9, last year, for a debt with costs amounting on the whole to 59l. 12s. and was taken particularly ill about a fortnight before of dysentery, of which, as deponent believed, he died.

 Dr. Bland next certified, that the deceased died of dysentery, in connection with a reduced state of health, and much mental despondency produced by confinement; he further certified, that during the six or seven years he knew deceased, the unfortunate gentleman enjoyed uninterrupted good health, which since his imprisonment considerably declined.  About ten days before, he was seized with dysentery, accompanied by highly dangerous haemorrhage, which terminated his existence on the previous evening; Dr. B. had not a doubt that the noisome room, and effluvia of the gaol and its vicinity, added to protracted confinement, mainly produced decd's death.  In answer to a question put by one of the Jurors, Dr. Bland was of opinion, that seven or eight persons certainly were too many to live in such a room as deceased died in.

 Mr. G. Allan, Solicitor, was the Attorney instructed to sue deceased, and the same who arrested hin, but so far from having detained deceased for his costs, he Mr. A. had endeavoured to compromise the matter with deceased's creditor, by offering to take the note of a friend (Rev. Dr. Lang) at six months for 20 Pounds, and one at three months for his costs, or his costs out of pocket.  On Tuesday morning Mr. A. enclosed his discharge to the deceased, which was returned to deponent, with a statement that the unhappy gentleman lay then on the bed of death.  Mr. A. further had had a conversation, he stated, with the Chief Justice on Friday, and the Chief Justice directed Mr. Still's discharge, but it came too late to be of avail, and the deceased ceased to breathe on Saturday evening.

Several of the Jurors expressed themselves highly satisfied with the explanation given by Mr. Allen, and that his part in the melancholy business was much to be commended.

Upon a review of the whole, one or two of the Jury calling out for "Death by the Visitation of God,." A majority of the Inquest came to this very just and forcible conclusion, "that the immediate cause of the death of Mr. Alexander Still was dysentery, attended with virulent symptoms; but that his disease was accelerated by the bad air of the room in  which he was confined, and the gaol generally, and by mental despondency, owing to protracted confinement."

[Editorial, page 2: Some leading observations, with relation to the Coroner's Inquest contained in another column, are necessarily postponed for want of room.]

 Strong apprehensions are entertained for the life of a gentleman resident at Newcastle named John Stewart, who it appears left his home while labouring under aberration of intellect, and has not yet been heard of.  His jacket and waistcoat were found on the banks of a creek.

 

The Sydney Monitor, Wednesday 10 March 1830

IMPORTANT INQUEST.

STATE OF THE OLD SYDNEY GAOL.

 On Sunday at noon, an inquest was held in one of the larger rooms of the gaol, on the body of the late Alexander Still, Esq., late Muster-Clerk in the office of Mr. M'Leay, who had died in one of the debtor's rooms the preceding evening.  Major Smeathman in calling over the Jury, denominated one of the "the foreman."  On which, one of the jury rose, and said, the power to appoint a foreman lay with the jury, and not with the worthy Coroner, and accordingly, he proposed another juryman to be their foreman.  This being acceded to by the rest, the juror nominated by the Coroner was very properly directed by the major to give place to him elected by the jurors at large. (The jury was composed of the usual number twelve, namely, six selected from among the free inhabitants out of gaol, and six of the most respectable inmates confined within the gaol.) ...

 The jury not requiring any more witnesses, the worthy coroner proposed that they should return a verdict of "Died by the visitation of God," and intimated, that he could not consistently return any other.  The foreman hereupon informed the Coroner, that while it might be his duty to advise and suggest a verdict to the Jury, the final determination thereof rested with the jurors.  The foreman then proposed a verdict to the jury, which they all assented to save one juror.  The Coroner recorded it accordingly.  It was as follows:

"The Jury are of opinion, that the immediate cause of death of Mr. Alexander Still, was dysentery, attended with virulent symptoms; but that his disease was accelerated, by the bad air of the room in which he was confined, and of the gaol generally; and by mental despondency, owing to protracted confinement.

[Long editorial critical of the Coroner and government.]

 

THE AUSTRALIAN, Friday 12 March 1830.

Long editorial [page 2] on the Inquest on Alexander Stills, above.

 We are sorry to state, that as the Jessy, one of our coasting craft, was off the South Head on Thursday morning, one of the crew it is thought under the potent influence of liquor, was pitched overboard in a lurch of the vessel, and never rose more. ...

 The unfortunate sufferer who was seized some days ago with a lock jaw through accidentally striking his foot against a log of wood, a splinter from which injured the tibia and muscles of one leg has died in excessive torture, tho the poor fellow was skilfully attended by Drs. Bland and Smith.

 

The Sydney Monitor, Saturday 13 March 1830

CORONER'S INQUEST.---An Inquest was convened on Tuesday morning at the Saracen's Head public-house, Gloucester-street, on the body of a young child [Jobbins] who met its death in the neighbourhood by falling into a well that was carelessly left uncovered.  The Jury returned a verdict of "Accidental death by falling into an unprotected well."  The worthy Coroner commented severely on the very careless manner in which people were in the habit of leaving their wells open.

 

THE AUSTRALIAN, Friday 19 March 1830

Late on Tuesday night, or early on Wednesday morning, Captain Symes, of the 1st Bengal Native Infantry, put a period to his existence by nearly severing his head from his body with a razor.

 

The Sydney Monitor, Saturday 27 March 1830

Death of Mr. Barker of the Cheshire Cheese.

CORONER'S INQUEST.---An inquest was convened by Major Smeathman, Coroner, on Saturday last, at the Cherry Gardens, Parramatta-road, on the body of Mr. Barker, late of the Cheshire Cheese, who had been found dead under a peach tree in a garden on the night preceding; and it was alleged he met his death by un lawful violence.  It appeared from the evidence of a native black, that a man named Boyce, a bricklayer, residing on the premises had, along with his wife, quarrelled with the deceased, who was in a state of intoxication, and while lying on the ground in a defenceless state, had kicked him and dragged him by the cravat along the ground to the tree, where he was found; all which violence it was supposed had caused his death.  The Jury however were graciously pleased to find a verdict of Manslaughter only against Boyce and his wife.  They were accordingly committed by the Coroner to take their trial for the same.  The inquest did not conclude until Saturday evening.

 

THE AUSTRALIAN, Wednesday 24 March 1830

CORONER'S INQUEST.

An Inquest was convened on Saturday at the Cherry Tree Gardens' Public House, on the Parramatta Road, to view the body of Mr. John Barker, late landlord of the Cheshire Cheese on that road; this unfortunate individual appears clearly to have been murdered, and that in a most brutal and diabolical way; from the evidence of several persons the facts of the case would seem to be about these:---An ostler belonging to the Cherry Tree was despatched by his master with a man named Mason, about 12 o'clock on Friday night to the hut of William Boyce, who lived near Barker's; on getting near the hut, Stephen, a man of colour was heard distinctly repeating the words, "poor Barker!" nearly every one in the house at this time was in a state of intoxication, and the man of colour among the rest.  Snatching a lighted candle, the ostler ran in, searched about one or two rooms and looked under the bed for Barker, but was told by Stephen that "poor Barker" was lying dead under a peach tree, where the unfortunate individual was found accordingly.  The man of colour who lived at Boyce's the last six or seven weeks, said that about nine o'clock the same evening, Boyce, while drunk, struck the deceased under the right ear twice; the blows felled Barker to the ground, and whilst laying thus, Boyce's wife kicked Barker twice in the right side ribs; both of them then laid hold of Barker's cravat, which Stephen swears Boyce and his wife drew tightly, that Barker died then and there, and that his body was afterwards dragged under the peach tree, near which Stephen was found by Meredith the constable, who happened to be at the Plough Inn when Boyce and his Wife came in full of the tidings of Barker's sudden death. Stephen being in a state of intoxication was taken into custody; the hat of deceased was found next morning.

 It is remarkable that Boyce said the hat of deceased was in his house, but the wife denied seeing the deceased or this hat since dusk that evening, until she found him lying under the Peach Tree.  We will not at this stage of the affair pre-judge the guilty parties, in fact if the evidence be true, there can be no doubt as to their identity.  We must not omit to state that the Constable Meredith, though of opinion that deceased had been dragged along the ground, could not say so from any marks appearing.  Boyce and his Wife were very properly taken into custody, and on the finding of the Jury who returned a verdict of MANSLAUGHTER against these parties backed by the Coroner's warrant, they have been committed to Gaol to take their trial.

 We expect the Attorney General will indict for MURDER, as it will be in the option of the Jury to commute the crime to manslaughter, should the evidence be insufficient to constitute it Murder.

 

THE AUSTRALIAN, Friday 26 March 1830

CORONER'S INQUEST.

An Inquest was held on the 19th inst. at the Saracen's Head, Gloucester Street, in the case of an individual called Thomas, alias Schemer Smith, who lodged in a miserable hovel, in Essex Street, Rocks; and who in the morning of the above day, a little before 8 o'clock,  fell down and expired.  The Jury returned "died by exhaustion, occasioned from the effects of excessive and unremitting intemperance in drinking ardent spirituous liquors!"  What a lesson!---Yet this is only one in a thousand.

 

THE AUSTRALIAN, Friday 2 April 1830

A soldier of the 57th regiment lately met his death at Moreton Bay, by some of the native blacks, who, after decoying him from his hut, butchered the man in cold blood, and then severing head, arms, and legs from the lifeless trunk, plucked out the eyes.

 

THE AUSTRALIAN, Wednesday 7 April 1830

CORONER'S INQUEST.

An Inquest was convened on Monday at the Rose and Crown Inn, on the body of a poor man named James Bryant, who died about 5 o'clock the preceding day, while in the act of being conveyed to the General Hospital from Cambridge street.  Verdict of the Jury---"Died by the visitation of God."

EXECUTION.

On Monday morning Stephen Smith and John Hawes, graced the gallows in the rear of the town gaol.  These men were tried on Friday for the murder of James Davis, a fellow prisoner at Moreton Bay, and clearly convicted.  They exhibited the deportment usual with culprits in their situation; just before being turned off they addressed the lookers on, saying it was starvation drove them to commit the diabolical offence for which they suffered.

 

THE AUSTRALIAN, Friday 9 April 1830

On Monday a constable, in the discharge of his duty, whilst beating up for game along the Parramatta-road, and in chace after a man and a boy, both runaways from iron gangs, on coming in contact with them, received a stab or two, under the effects of which the unfortunate fellow lingered for a few hours, and then expired.  Our Reporter states the parties are in custody.

DEATH of the CONSTABLE KENNY.

The following will be found a succinct account of what is casually mentioned in another paragraph.  We give it in the words of our informant:---

 On Sunday afternoon last, word was sent by Capt. Lethbridge to a person named Kenny, (a pensioner, but formerly a constable) to inform him that a boy, one of his assigned servants was absent; Kenny went down the western road, and saw the boy in company with a man in the bush; he then went to a hut occupied by William Birch, and asked for a gun.  Birch lent him one, and accompanied him with a stick in his hand; they followed the man and the boy into that part of the Government Domain, which joins the western road.  Kenny called to them, saying to the man, he did not want him but the boy; the man answered he is my brother, and before you shall take him you shall have my life.  He had at this time a large clasp knife open in his hand; Kenny said to Birch, take the gun and give me the stick, I do not like to take life; and as K. was lifting the stick to give the man a blow, he rushed upon him and drove the knife into his body.  Kenny fell upon his knees, and the man then made several more stabs at him; Birch attempted to fire, but the piece missed; the man was then coming up to Birch, who cocked the piece again, and shot at him at about the distance of six yards, but appeared to make no impression, as he chased Birch with the knife in his hand afterwards, but it being in sight of Birch's hut the man took to the bush, and has not yet been heard of.  Kenny died in a few minutes, his heart being cut through.  The boy left his shoes near the body, and shortly after the affair took place, the boy was seen by Birch walking down the road, and was apprehended.  The constables had arrived from Parramatta, it not being more than a mile distant; and one of them asked the boy where his shoes were, he said he had none; but when taken to the dead body he put his shoes on his feet.  The boy's name is Daniel Smith, he is in confinement.

 An inquest was held on the body, on Monday evening, when a verdict was returned --- Wilful Murder against some person unknown.

 A reward has been offered by the Government of 50 Pounds and a Ticket of Leave  for Macnamara.

SPIRIT

OF THE GOVERNMENT ACTS, BILLS, ORDERS, NOTICES, ADVERTISEMENTS, &c.

Yesterday's Gazette, under the above head, contains the following:---

 MURDER AND REWARD---An offer of fifty pounds, and a conditional pardon, for the apprehension, or such information as may lead to the apprehension of John Macnamara, per ship Brampton, a runaway from No. 9 iron gang, who stands charged with the murder of constable Kenny, on the Western Road, about two miles from Parramatta, on the afternoon of Sunday the  4th instant.

 Macnamara stands about 5 feet 8 inches,  sandy complexion, about twenty-eight years of age, and wore at the time he committed the murder, a black beaver hat, white jean trowsers, white cotton stockings, yellow striped waistcoat, and drab colour jacket---had also a false certificate of freedom.

 

THE AUSTRALIAN, Wednesday 14 April 1830

CORONER'S INQUEST.

On Sunday a Coroner's inquest took place at the Settlers' Arms, Darling Harbour; on the body of a young man, named William Opinshaw, who died there the preceding evening about 8 o'clock; it appeared the young man, who had been previously ill, was on the Friday attacked by a violent Haemorrhage from the nose and mouth, which lasted notwithstanding every effort of Dr. Smith to stop it, until late on Saturday, the evening of which day he died.  Verdict of the Jury, "died by the  visitation of God."

 

The Sydney Monitor, Wednesday 14 April 1830

 On Sunday afternoon last, word was sent by Captain Lethbridge to a person named Kenny (formerly a constable, but who has lately done no duty, on account of some very severe wounds he received in taking bushrangers, since which he has been allowed a pension), to inform him, that a boy, one of Captain Lethbridge's assigned servants, was absent; Kenny went down the Western Road, and saw the boy in company with a man in the bush; he then went to a hut accompanied by William Birch, and asked for a gun; Birch lent him one, and accompanied him (Kenny) Birch taking a stick his hand; they followed the boy and man into that part of the Government Domain which joins the Western Road, and Kenny called to them, saying to the man, he did not want him, but the boy; the man answered, "He is my brother, and before you take him, you shall have my life," and as he was lifting the stick to give the man a blow, the latter rushed upon him and drove the knife into his body; Kenny fell upon his knees, and the man then made several more stabs at him.  Birch attempted to fire, but the piece missed; the man was then coming up to Birch, who cocked the piece again and shot at him, at the distance of about 6 yards, but being only charged with 3 buck shot, it apparently made no impression, for he immediately pursued Birch with the knife in his hand, but on coming in sight of his (Birch's) hut, the man took to the bush, and has not since been heard of.  Kenny died in a few minutes, being cut in the heart.  The boy left his shoes near the body, and shortly after the affair took place, he was seen by Birch walking down the road, and was apprehended; the constables had arrived from Parramatta, it not being more than a mile, and one of them asked the boy where his shoes were? he answered he had none, but on being taken to the dead body, he immediately put them on.  His name is Daniel Smith, and he is now in confinement.  An Inquest was held on the Monday evening; verdict---Wilful murder, against some person or persons unknown.

A reward of $(Pounds) 50, and a conditional pardon is offered by a Government Notice, for the apprehension of Macnamarra, the supposed murderer.---(SYDNEY GAZETTE.)

 

THE AUSTRALIAN, Friday 16 April 1830

CORONER'S INQUEST.

An inquest was on Wednesday, convened at the Talbot Inn, Brickfield-hill, in a  case of the black native, called Aruddgie, King of the Five islands, of which place he was a native.---It appeared the unfortunate NIGER had been in a beastly state of intoxication the whole of Tuesday; that at a late hour of the night of that day, he crawled through a narrow passage to the back of the premises of a man named Pollard, a weaver, by whom he was found the next morning about 7 o'clock, in a state of nudity, his head reclining against some bricks, and covered with mud.  Mr. Pollard lifted his head from the bricks and in about a minute after he became extinct.

 The Jury returned a verdict "died from the excessive and improper use of ardent spirits, and the inclemency of the weather on Tuesday night."

FLOODS.

The inundations of the Hawkesbury and the Nepean, as might be expected, have done extensive, and in some places serious damage. ... The family of a person named Browen, however, consisting of his wife and two children, one aged thirteen, the other eleven years, not apprehending such imminent danger, remained in their dwelling, and were swept away, together with it, by the sudden rush of the waters.  Through the exertions of Mr. William Cox, and some of his servants, the woman and the children were rescued from the floor, but in so exhausted a state that they died the next morning, and were buried together on Friday last. ... Mr. Cox's coachman, an assigned servant, in attempting to rescue a horse belonging to his master from the water, was un fortunately drowned, and his body had not been found up to the time these particulars were transmitted to us.  [Conflicting  reports re Brown.]

 

The Sydney Monitor, Saturday 17 April 1830

CORONER'S INQUEST.---On Wednesday an Inquest was holden before Major Smeathman at the Talbot Inn, George-street, on the body of an aboriginal black, called King Mudgee from the Five Islands, who died in the street the evening preceding.  The Jury returned a verdict of died by the visitation of God.

 

THE AUSTRALIAN, Wednesday 21 April 1830

The Coroner for Sydney convened an inquest on Friday, at the Currier's Arms, Upper Pitt-street, in the case of a bricklayer named William Bedmington, who retired accompanied by his wife, about 8 o'clock the previous night, apparently in perfect health; but after being in bed about an hour and a quarter suddenly awoke and complained of being very ill and was immediately seized with a violent bleeding at the nose---he went  downstairs, opened the door, for the purpose of discharging the copious steam outside the house and fell backwards on the floor, exclaining "Lord have mercy on me, I am a dead man," and expired.  The verdict of the jury was---Died by the visitation of God.

 On Friday afternoon, as Mr. Siddons, the pilot, was endeavouring to board the Elizabeth, his boat swamped, by which one of the hands perished.  Mr. S. was obliged to swim for nearly half an hour, before he could be picked up.  The body of the man has not yet been found.

CORONER'S INQUEST.

On Friday an Inquest was convened at the Currier's Arms, Pitt-street, on the body of William Beddington, who died the evening preceding by the bursting of a blood vessel.  The Jury returned a verdict of---died by the visitation of God.

 

THE AUSTRALIAN, Saturday 24 April 1830

On Thursday the boat belonging to the Katherine Stewart Forbes, which was swamped in the last sailing-match, was picked up, with the body of one of the men drowned on that melancholy occasion.

CORONER'S INQUEST.

An inquest was convened on Thursday afternoon, at The Australian Hotel, on the body of a mariner, who belonged to the Katherine Stewart Forbes, who was unfortunately drowned on the 17th instant, out of a boat, while engaged in the sailing match, which was run that day.  Verdict, "accidentally drowned."

 

THE AUSTRALIAN, Wednesday 28 April 1830

CORONER'S INQUEST.

On Sunday an inquest was held at the Talbot Inn, on the body of Patrick Memugh, who had gone to bed at a house on the Brickfield Hill, the preceding evening, about 8 o'clock, and was found the next morning in his bed a corpse.  Verdict, died by the visitation of God.

 

THE AUSTRALIAN, Saturday 1 May 1830

On Wednesday last a boat, containing two men, while pulling round the point at Macquarie Fort, was run foul of by a sailing boat, and swamped.  The two men were drowned.  Drags have been used to find the bodies, but at present without success.

 

The Sydney Monitor, Wednesday 5 May 1830

CORONER'S INQUEST.---On Friday last an Inquest was convened at the London Tavern, on the body of Ann Burnside, who died on the morning of that day in the hall of the Police Office.  The body was examined by Mr. Cooke, who gave it as his opinion, that debauchery had caused her death.  The Jury returned a verdict---"Died by the visitation of God."

 

THE AUSTRALIAN, Thursday 6 May 1830

A man named Samuel Ashton, in endeavouring to cross the Mullet Creek, Illawarra, a few days back, was swept away with the current, and drowned, though his horse escaped.

CORONER'S INQUESTS.

On Thursday evening, the child of a poor couple, living in Castlereagh-street, next door to the old Court-house, in playing about a room, where there was a fire, had its clothes laid hold of suddenly by the flames, which speedily spread upwards, and enveloped the body of the little sufferer, whose piercing cries speedily brought the agonised mother to its aid, but not before every stitch nearly was burnt off, and the poor innocent desperately excoriated.  Next evening, about the same hour, death put a period to the poor infant's miseries.  An Inquest was convened on Friday, at Mr. Rowley's, Globe Inn, in the above street, where circumstances were detailed, of which we leave our readers to form their own conclusions, from the following statement of facts:---

 It came out in evidence on the Inquest, that upon the wretched mother discovering the situation of her child, the little suffered was carried to the dispensary, after which a lotion was dispensed, from which it experienced but a short relief.  Mr. Poole, Solicitor, who resides on the opposite side of the street, visited the house of mourning.  Mrs. P. supplied several little comforts, and her husband despatched a message, requesting the attendance of Dr. Bland, who happening unfortunately to be out visiting his patients, Mr. P. sent to another medical gentleman, with his compliments, and a similar request.  The latter told the messenger that he was not in the habit of going out without his fee, and wished to know if Mr. P. intended he should have that.  The messenger said he could not tell, and asked the amount of the fee required.  The reply was, half a guinea. 

 In the meantime, the child grew worse, fell into convulsions, and was subsequently visited by the benevolent Bland, who lost not a moment in rushing to the poor infant's aid, without consulting upon the probability of fee, or any thing else, save his philanthropic feeling and administered the healing balm of his art, but without avail.  It was too late, and though it experienced some relief after certain soothing applications, yet the little sufferer expired, as we have stated, on the evening after the accident?  We will not attempt to describe the emotions of many of the Coroner's Jury on ascertaining these facts.  The verdict was, accidental death, occasioned by the deceased infant (John Baker) being severely burnt.

 On Friday an Inquest was convened by Major Smeathman, Coroner for Sydney, at the London Tavern, on the body of Ann Burnside, who fell dead in the hall of the Police Office the same morning.  The Jury, after an examination of the body by Mr. Henderson and Mr. Cooke, returned a verdict of, died by the visitation of God, but that the death had been considerably accelerated by drunkenness and disease, arising from prostitution.

 

THE AUSTRALIAN, Friday 14 May 1830

CORONER'S INQUEST.

A Coroner's Inquest was held on Sunday afternoon, at the Inn of the Mermaid, Cumberland-street, Rocks, on the body of John Dooling, who has been pretty generally known as the best wool sorter in Sydney, where in that capacity he was employed by Messrs. Jones and Walker, for some years.  The deceased, it appeared, went to rest at an earlier hour than usual, on Saturday, in his customary health, and was found a livid corpse the following morning.  Verdict, died by the visitation of God.

 

The Sydney Monitor, Saturday 15 May 1830

CORONER'S INQUEST.---On Saturday morning, an Inquest was convened by the Coroner at the Ship and Mermaid public-house, on the Rocks, on the body of a man named John Doolan, aged 62, who went to bed on the evening preceding in apparently good health, but was found dead in his bed on the following morning.  The Jury returned a verdict of---"Died by the visitation of God."  The deceased was by trade a wool-sorter.

 

The Sydney Monitor, Wednesday 26 May 1830

On Thursday last, an Inquest was convened by Major Smeathman, at the Rose and Crown, Castlereagh-street, on the body of a man named Dutton [Dorset??], who on the evening preceding, had fallen from a cart while he was driving into Sydney, and which passing over his body, caused his death a few hours afterwards.  The Jury returned a verdict of Accidental Death.

 As the servant of Mr. Mc'Dougall of Baulkham Hills, was driving his Master's cart into Sydney on Wednesday evening, he fell from the shafts, and the wheel passing over his body so severely injured him, that he expired the following morning.

 

THE AUSTRALIAN, Friday 28 May 1830.

An Inquest was held on the 20th inst. at the Rose and Crown Tavern, Castlereagh-street, on an unfortunate man named William Dorset, who died in the General Hospital on the preceding evening, in consequence of injuries he sustained on the Parramatta-road by the wheel of the cart (laden with oranges for the Sydney Market) he was  driving, going over his body in an oblique direction. The poor fellow was most humanely picked up and conveyed to the General Hospital by Mr. Durand, of Pitt-street, who happened to be passing in the neighbourhood of Annandale, where the accident happened.  Verdict - the deceased came to his death accidentally, in consequence of the wheel of the cart he was driving to Sydney, going over his body.

INQUEST AT WILBERFORCE.

On Saturday the 15th instant an Inquest was held before Mr. John Howe, Coroner for the district of Hawkesbury, on the body of Edward Reynolds, settler, of the aforesaid district.  James Tulloch, a shoemaker of Windsor, had accompanied Mr. Reynolds home on the Friday night, from Windsor; they arrived at Mr. Reynolds' house somewhere about eleven o'clock at night; Tulloch rode behind Reynolds on the one horse; just as they arrived, the horse took fright, and galloped off at full speed; when about twelve rods from the house, Mr. Reynolds fell, and it is supposed came in contact with a rail, which next morning was found broken; Tulloch soon alighted, and went to the assistance of his friend; two servants also came up,, but Reynolds was insensible, and never spoke afterwards.  Mr. John Atkinson kindly attended to render any assistance in his power, and endeavoured to bleed him, but it was impracticable.  He lingered about three hours, and then expired.  Verdict, accidentally killed by a fall from his horse.

 

R v Muckleton, Cuffe, Walsh and Browne [1830] NSWSupC 34

THE AUSTRALIAN, Friday 4 June 1830

CRIMINAL COURT.

FRIDAY.

Mr. Justice Dowling presided on the criminal side of the Court to-day, when a Military Commission of seven, being sworn, the following prisoners were arraigned:--

Henry Muggleton, indicted for the wilful murder of Mark King, at Moreton Bay, on the 19th of February last; and Thomas Walsh, William Brown, and Patrick Cuffe as aiders and abettors; it appeared in evidence, that between 3 and 4 o'Clock of the above morning, a cry of Murder was heard from the part of the Barrack room where prisoner and deceased slept, both under one blanket, and a sound of blows, in about [???] minutes after which, the overseers and soldiers rushed in with lights, when King was found weltering in his gore, having received a cut on the head, apparently inflicted with an axe; he was then insensible, was conveyed to the hospital, and there breathed his last, and was buried three days after.  The other prisoners had been seen previously conversing with Muggleton, who when called on for his defence, said, "the only thing I have to say, is,---I am guilty, the other men know nothing about it."  The Commission found Muggleton guilty, and acquitted the other prisoners.  Upon which, the Judge passed sentence of Death on the culprit, with the usual form and solemnity, naming Monday as the day of execution.

SATURDAY.---Before Chief Justice Forbes, Welsh, Cuff, and Brown were again arraigned, as accessaries before the fact, in the murder of King, as above described.  After a long course of examination, and several objections being taken by the Attorney  for the defence, as to the legality of the indictment, which were by the Court overruled,---the prisoners were acquitted.

 

THE AUSTRALIAN, Friday 11 June 1830

On the 3d instant an Inquest was held at the Rose and Crown Inn, on the body of James Marland, who had been admitted some days previously into the General Hospital, and died there on the morning of that day in a state of insensibility, it is supposed, either occasioned by a blow, or a fall he received in a scuffle on the King's Wharf some days before.  This not satisfactorily appearing to be the case on the Inquest, the Jury, after much deliberation, returned a verdict, "died by the visitation of God."

 

The Sydney Monitor, Wednesday 16 June 1830

The following Inquest would have been given much sooner, could our reporter have obtained the correct facts relating to it.---An Inquest was held on Thursday, the 3rd Instant, at the Rose and Crown Castlereagh Street, on the body of a man named James Marland, who died in the general Hospital on the morning of that day.  Verdict "Died by the visitation of God."  The Doctor's certificate was not produced till after the Inquest; on the following morning, a constable named Cummings, gave information, that while on duty at the King's Wharf on Friday May 21st, he observed a man named John Jones Jun., a waterman "floor" the deceased, by a violent blow on the neck, which caused him to lie senseless for some time; in consequence of this information, Jones was apprehended on a warrant for murder on Friday, and on the following day was examined at the Police Office, when it appeared that the deceased was knocked down by Jones and laid senseless until carried on a dray to the house of a man named George Ashton from which he was taken to the general Hospital where he died, and Dr. Mitchell's certificate being also produced, which stated that the deceased met his death from a violent blow on the neck, Jones was held to bail to take his trial for manslaughter.  (We think the Coroner's Jury acted on the first Inquest with very culpable precipitation.)

On the first day of the present month, as the youngest son of Mr. J. Nettleton, aged nine years, was crossing a temporary bridge over a tributary stream to the Hunter, a part of it gave way, and he was precipitated into the stream, and drowned.

 

THE AUSTRALIAN, Friday 18 June 1830

We regret to state, that a fine boy, about nine years of age, the youngest son of Mr. Nettleton, whilst crossing a decayed bridge, over a creek of the River Hunter, nearly three weeks ago, fell into the water, and perished.

An inquest was convened on  Tuesday by the Coroner, at the London Tavern, on view of the body of Mrs. Charity Hamilton, late of George-street, and wife of Mr. Samuel Hamilton, an inhabitant of long standing.  The deceased, it appeared, had long been suffering from the effects of an inward complaint.  Verdict, died by the visitation of God.

DRUNKENNESS.---A woman at Richmond, several days ago, was carried home, across the shoulders of some man, and it was discovered when they arrived at their destination, that she had been suffocated in a helpless state of drunkenness under such circumstances.  Her name was Louisa Neal, the widow of a farmer of that name, who died at his farm, on the banks of the North Creek, about three years ago. [Continues.]

 

The Sydney Monitor, Saturday 19 June 1830

CORONER'S INQUEST.---On Tuesday an Inquest was convened by Major Smeathman, at the London Tavern, George-street, on the body of Mrs. Hamilton, wife of Mr. Samuel Hamilton, who died suddenly on the morning of that day.  The deceased had been labouring for some time under a severe indisposition.  The Jury wished to examine a surgeon, but the Coroner refused---considered it unnecessary---and declined doing so, though repeatedly requested.  The Jury returned a verdict of---"Died by the visitation of God." [We consider the Coroner's conduct, if this be a correct report, illegal, and for which he might be rendered liable to judicial censure.  ED.]

 

THE AUSTRALIAN, Friday 25 June 1830

DEATH OF MACNAMARA AND CAPTURE OF HIS CONFEDERATE.

As Mr. Thorne, Chief Constable of Parramatta with two constables, was looking out upon the Windsor road, on Tuesday, two men armed with muskets, suddenly sprang from the adjoining scrub; one, it is reported, fired at Thorne, when Thorne immediately discharged his piece and shot the man dead.  It turned out to be the renowned Macnamara.  The other after firing his piece at Horne [Horn], one of the two constables, and receiving a wound in the arm in return,---bolted, but was pursued by Thorne, who after a hard chase, and nearly breaking his neck over a precipice, made prisoner the fugitive, who turns out to be Dalton, a runaway from one of the Government gangs. [Continues.][see also Friday 2 July.]

 

THE AUSTRALIAN, Friday 2 July 1830

Dalton, the bushranger, who was taken one day last week in company with Macnamara, was tried on Friday, and executed on Monday; before being turned off, he protested, as he did on conviction, that a man named Smith, otherwise House, under sentence for a burglary, was an innocent man, for that he was the perpetrator of the robbery, and not House.  The case of the latter should undergo an investigation.

On the 24th ult. an Inquest was held at the Rose and Crown Inn, Castlereagh-street, on the body of a man named Attwood, alias Will the Nailer, who had been received into the General Hospital about four o'clock on Friday afternoon, and died about seven o'clock the same evening.  The Jury returned, died by the visitation of God.

An Inquest was also held on Monday morning, at the Curriers' Arms, Lower Pitt-street, on the body of a poor old female, named Elizabeth Fennel, who went to bed about nine o'clock on Saturday night in her usual health, and was discovered the next morning, by her husband, about seven o'clock, cold and lifeless in her bed.  Verdict, died by the visitation of God.

A Coroner's inquest took place on the evening of Monday last, at the Sydney Asylum, on one of the inmates of that institution named William Jacobs, who had been missing from 7 o'clock on the morning of that day, until about 2 on the same day, when he was found in a well on the premises lifeless; the poor man was upwards of 82 years of age.  The Jury one half of whom consisted of inmates of the asylum, returned "accidentally drowned in a well."

 

THE AUSTRALIAN, Friday 9 July 1830

(From our Windsor Correspondent.)

CORONER'S INQUEST.  An Inquest was held on the body of ---- Webb, wife of Richmond Webb, now of Windsor, and formerly of the Royal Veteran Batallion.  It was pension time, and they had been keeping the usual merry making on that occasion, for on those times would he sing of the valiant scene of VALENCIENNES, where he had the honour to gain a medal for some exploit in the siege and His Royal Highness, the late Duke of York, offered to confer greater favor on Webb, but he was no scholar, and preferred a humble station in the ranks.  Webb lay before the fire at night, and next morning took from a cupboard a small bottle to give [????????] some of the contents to revive the scene, when behold she was no more!---Verdict - "Found dead in bed."

 

The Sydney Monitor, Saturday 10 July 1830

CORONER'S INQUEST.---TUESDAY.---This day an Inquest was convened at the Tiger public-house, Kent-street, on the body of a woman named Ann Murphy, who died suddenly the day preceding.  It appeared in evidence, that deceased, although only twenty-three years of age, had been labouring for a long time under a diseased state of body, brought on by irregular courses, and ended her days in one of those habitations in Kent-street, justly styled "Public nuisances."  The Jury returned a verdict of---"Died by the visitation of God."

 

The Sydney Monitor, Saturday 17 July 1830

DOMESTIC INTELLIGENCE.

On Tuesday morning, a man named Midgley, formerly a constable, residing at Mr. Holding's, Pitt-street, put a period to his existence, by hanging himself with a piece of rope attached to a beam in the ceiling.  It appeared that the man had been for some time not right in his intellect.

CORONER'S INQUEST.---On Tuesday an Inquest was held at the Cottage Inn, Pitt-street, on the body of John Midley, who put an end to his existence on the morning of that day by hanging himself in the house of Mrs. Holding.  The Jury after an examination which lasted several hours, returned a verdict, that the deceased had put a period to his existence, while labouring under an aberration of intellect.

On Wednesday night one of the 39th Regt. having returned to barracks in a state of deep intoxication, drew his bayonet and thrust it through the hammock of his comrade, which entered the unfortunate man's temple, and caused his immediate death.

The soldier of the 39th regt. for killing his comrade on Wednesday last, has been committed to Sydney Jail to take his trial under the Coroner's warrant for manslaughter.  Manslaughter?  How is this?  [See also 21 July 1830, below.]

An Inquest has been held on the man, who was strangled during the progress of a flagellation at Newcastle Jail, and the Gaoler, Turnkey, and scourger [Robert Young: see 29th September, NOTICE.] were fully committed to take their trials for wilful murder.  The gaoler we have heard was not present.

 

THE AUSTRALIAN, Saturday 17 July 1830

On Thursday last, an inquest was held at the Fox and Hounds, Castlereagh-street, on the body of an unfortunate private, belonging to the 39th regiment, who was killed the preceding night, aqbout 8 o'clock, by another private, also of the 39th, who came into the barrack room, in an outrageous state of intoxication, and being shortly after undressed by 2 of his comrades, and placed in his hammock, in about three minutes he rose himself in his bed, seized his bayonet, which was at the head of his cot, and swinging it round in a fit of frenzy repeatedly, it escaped from his hand, and unfortunately pitched, point downward, on the temple of Price Sullivan, who lay asleep in a hammock 3 yards removed from that occupied by Kellechar.  The result was, the bayonet passed nearly through the head; he was taken to the hospital and sruvived but a short time.  The Jury under all the circumstances, and after a long investigation, returned a verdict of manslaughter against private Kellecher.  He was committed accordingly.

CORONER'S INQUEST.---An Inquest was held at Rose Farm, on the Hawkesbury River, on the 7th instant, on view of the body of Charles Williams (free) there lying dead.  It appeared in evidence that at a "house-watming," Mr. Rose had indulged all the people about the place, who had been employed in the erection of the building, with some spirits, and intoxication was the result. A quarrel occurred concerning a mug, by persons in another room.  This led to a serious disturbance, which was settled in three rounds of fighting.  Another person came home from his daily labour just at that time, and seeing his friend vanquished, he turned to, and had a round with the deceased man's son, a mere youth, who was compelled to run.  The third person, Adam Rainey, followed the lad, and threw an axe after him.  The father took Rainey to talk, when Rainey seizing a piece of sawn timber, struck Williams a blow on the head, and made a contused ragged wound about two inches in length.  Williams never spoke afterwards.  Rainey followed the son, and struck him a blow on the head, but the wound is not dangerous.  The witnesses say, bad words were also used by Rainey.  Verdict, manslaughter.  Rainey is committed for trial.

An Inquest was held on Sunday, at the Rose and Crown Inn, Castlereagh-street, on the body of William Bayley, an assigned servant to Mr. Plomer, who expired on the road to the General Hospital on the preceding evening.  The body was, when dead, conveyed to the General Hospital.  The Jury returned a verdict of, died by the visitation of God.

 

The Sydney Monitor, Wednesday 21 July 1830

On the morning of Sunday last, the Venerable the Archdeacon preached at St. Philip's Church, and delivered an impressive and pathetic Sermon on the folly, the guilt, and the fatal results of the degrading vice of drunkenness, so general prevalent in this Colony.  The subject was peculiarly well times, and appropriate; the style chaste and simple; and the manner of address solemn and affectionate.  We were gratified to observe, that the most marked attention was paid by the military who were present to the Rev. preacher's discourse, which was indeed calculated to command their most serious regard.  The late horrid murder which was committed by one of the garrison on his comrade, under the influence of intoxication, increased the deep interest with which their venerable instructor was heard, and we yield our entire concurrence to the doctrine he distinctly laid down, that drunkenness cannot be pleaded in extenuation, when it is in reality an aggravation of any crime committed under its excitement.  We are entirely at a loss to comprehend upon what principle the verdict of manslaughter was returned by the Coroner's Inquest on the late occasion; unless it were on the absurd plea, so ably and so unanswerably refuted by the learned and pious preacher---were drunkenness to be admitted in our community, a palliation of crime, and a modification of its character, the property, the lives of individuals would be rendered doubly insecure.  Drunkenness is a temporary privation of reason; but such privation being voluntary, most justly subjects the drunkard to full responsibility for its effects.

 

THE AUSTRALIAN, Friday 23 July 1830

Three soldiers are in custody of the civil power, under charge of killing an unfortunate prisoner, while under escort lately, on the road to Windsor.

A young man of the name of [Ker????] having been admitted as a patient at the Bathurst hospital, while in a fit to which he was subject, unfortunately fell into the fire, a few days back, and was so dreadfully injured, that medical aid proved unavailing.  He expired within a few hours after the unfortunate occurrence.

A Coroner's Inquest was held on Wednesday last, at the sign of the Star, Pitt-street, in the case of Mr. Picavie, residing at Mrs. Rogers in King-street, who died suddenly about half past 6 o'clock, the evening before.  It appeared the deceased, for several years past had indulged in the excessive use of spirituous liquors, to which his death was attributed.  The Jury returned a verdict, died by the visitation of God.

 

The Sydney Monitor, Saturday 24 July 1830

CORONER'S INQUEST.---On Wednesday morning, an inquest was convened by Major Smeathman, Coroner, at the Star Public House, Pitt Street, on the body of Mr. G. Pekever, who had dropped down and expired suddenly, the evening previously.  Dr. Bland gave it as his opinion, that the deceased came by his death through excessive drinking.  The Jury returned a verdict of "Died by the visitation of God."

An Inquest was held on Monday before the Coroner at the Warwick Arms, York-street, on the body of James Connelly, residing in the same street.  It appeared the man had occupied his time in drinking ardent spirits from about half-past one o'clock on Sunday until between four and five in the afternoon, when he threw himself on a bed, and remained there until near seven o'clock.  He then got up, and proceeded to a well at the back of the premises, and endeavoured to draw some water; in the effort, it is supposed, being top heavy, he fell in.  He was taken out of the well soon after being missed, but was quite dead.  The Jury returned a verdict of "Accidentally drowned in a well at the back of the premises inhabited by deceased, into which the deceased fell while labouring under the influence of liquor."

 

THE AUSTRALIAN, Friday 30 July 1830

An inquest was held at the Windsor Hotel and Coffee-house, on the 22nd July, before Mr. John Howe, coroner, for Windsor and the districts of the Hawkesbury, on view of the body of Patrick Dregan or Holinghan, then and there lying dead.  The deceased had been in Windsor the day before he met his death, endeavouring to gain admittance into the hospital, and expected to be received a patient therein next morning.  He was in a very weakly state of body; and by considerable exertion had reached a hut on Mr. Grath's farm, about three-quarters of a mile from the town.  The servants behaved kindly to him; gave him some tea, made him a bed of straw, and lent him a blanket.  As poor White [sic] was about retiring to his humble spot of rest, he was seized with a trembling, and staggered.  He died during the night.  Verdict---"Died by the visitation of God."

 

The Sydney Monitor, Wednesday 4 August 1830

DOMESTIC INTELLIGENCE

On Monday afternoon, the second officer of the Tigress, whaler, was discovered dead in his cabin; the same evening an Inquest was held on the body at Cummings' Hotel, and a verdict returned "Died by the visitation of God."  His death is supposed to have been occasioned by an apoplectic fit.

 

THE AUSTRALIAN, Friday 6 August 1830

A wood-boat on the passage from Middle Harbour, in this Port, on Thursday se'nnight, by overloading and mismanagement upset, and the two unfortunate men who were in her sunk to rise no more, within sight of a second boat.

CORONER'S INQUEST.---A man of the name of Reece, well known in the neighbourhood of Windsor, was a few days ago, found dead in his bed.  He was rather addicted to the bottle, and the Jurors made strict enquiry into the circumstances of his death.  He was perfectly sober, complained of a pain in his heart, laid himself down on the bed, and breathed his last. ---Died by the visitation of God.

MURDER.---[Windsor] The chief constable presented to the view of the Superintendent of Police, a few days ago, an adze in a bloody state, both handle and iron work, with shreds of human hair adhering to the back.  A man is missing, who used to frequent a house near Windsor, which house is strongly suspected.  The body has not yet been found, but the chief constable has taken some black natives in search, and hopes may be entertained of a discovery, and the conviction of the offenders.  It is reported that the man was to be a material witness on the present Windsor circuit.

 

MAITLAND MERCURY, 2/84, 10/08/1844.

DEATH.

On the 5th instant, at the residence of her son, Andrew Lang, Esq., of Dunmore, in the 75th year of her ager, Mrs. Mary Dunmore, relict of the late Mr. WILLIAM LANG, of Dunmore, who perished at sea on his way from Paterson's River to Sydney, by one of the small coasting vessels that were then the only means of conveyance by water between this district and the capital, in the year 1830.

 

The Sydney Monitor, Wednesday 11 August 1830

DOMESTIC INTELLIGENCE

An inquest was held, on Saturday last, at the Saracen's Head, Gloucester-street, on Elizabeth Turner, a poor woman, who obtained her living as a laundress.  It appeared that she returned to her home on Friday, about five o'clock, sat down, and soon fell from the chair, was then conveyed to bed, and expired soon afterwards.  The Jury returned a verdict---"Died by the visitation of God."

 

THE AUSTRALIAN, Friday 13 August 1830

TRIAL OF THREE SOLDIERS

CHARGED WITH

MURDERING A CONVICT.

WINDSOR ASSIZES.

TUESDAY, AUG. 4, 1830.  --- Before Mr. Justice Dowling, and the seven officers who formed the Commission yesterday (as particularised in our last.)

John Moran, William Quirk, and Thos. Fitzgerald, three private soldiers of the 39th regiment, belonging to a detachment stationed in the Bathurst district, were arraigned and severally indicted for the wilful murder of James O'Brien, a convict prisoner in their custody, while under escort from Bathurst to the Fish River.  The information contained two counts: one alleging that the murder had been perpetrated by the infliction of divers blows on the head with a musket; and the other setting forth that the same had been committed by the use of a stick.  The three soldiers, it appeared in evidence, had five prisoners in charge, one under a Colonial sentence of transportation, two committed for trial, and two under sentence to an iron gang.  O'Brien, the deceased, was committed to take his trial for three capital felonies; he had once escaped from Serjeant Wilcox, of the horse police; had broken out of the gaol at Bathurst, and was deemed a dangerous character.  Nothing particular occurred, till the guard, with their prisoners, halted at the house of one Murary, on the Mountain-road between Bathurst and the Fish River, to refresh, when one of the prisoners (Fogarty) was treated with extraordinary civility, because, Murray knew a relation of his.  Murray gave him some rum to drink.  Fogarty paid for half a gallon, and all the party partook of the rum, except Moran, who vowed he had sworn against drinking spirits.  The military guard now released Fogarty from his handcuffs.  O'Brien, and a prisoner named Whitty, were both drunk.  O'Brien made enquiry for a long nail, so that he might release himself from his handcuffs, and in his drunkenness candidly avowed his intention to escape, if he had an opportunity.  He entrusted Murray's wife and the servant man with this piece of information.  The good lady confided the intelligence to the soldiers one by one, as an opportunity was presented.

One of the witnesses swore that the prisoner was beaten from sole to crown with a stick, until it broke; another, that five sticks, three or four inches in circumference, green from the tree, had been broken over the deceased, by force of blows inflicted on the body of the poor wretch, from head to foot.

Mr. Busby examined the body, and stated that there were several slight punctures on the thigh, not skin deep.  A puncture appeared near the spine, but which would not occasion death.  There were some trivial bruises on the back, legs, and thighs, and one between the shoulders, about the size of a crown piece.  There were several contused lacerated wounds on the head, one over the right eye, one high on the forehead, two on the top of the head, which met together, and as larger one at the back of the head.  On examining the brain, a quantity of extravasated blood was discovered at the back of the head, but whether from a particular wound, or from the blows on the head, it was uncertain, though certainly death was occasioned by one of the contusions on the head.  Had the man been beaten with extreme force, as was represented by two of the witnesses for the prosecution, it was this witness's opinion that the contusions must have continued visible---whereas, some slight bruises alone were perceptible, and they might have been occasioned by the dragging of the body along the ground. The witnesses for the prosecution described a pricking and piercing of deceased with a bayonet; beating him with the stock of a musket and a stick about the head and body; throwing the wretch into a stream; dragging him through two lagoons, preventing him from going near fires by the road side; laying him prostrate on the ground, then covered with snow; casting him into a hollow place on the road, where the snow had thawed during the day, and the water was then freezing; whilst in that position, deliberately placing a quantity of snow on the naked body, covering from the upper part of his thighs up to his stomach, and using threats to a fellow prisoner for presuming to take the same away; kicking his shins; tearing off his clothes, and throwing them away.

At length, being supposed to be nearly dead, it was agreed to carry the deceased in turn.  Moran had him on his back, when the jolting caused the deceased to discharge his stomach, on which Moran became angry, and violently cast the deceased from his shoulder upon the ground, and on falling, O'Brien's head came in contact with some rocky substance, and he stretched out his arms.  The corporal in charge of the Fish River station, a humane, experienced soldier, had the body again lifted upon the shoulders of another man, who, after carrying it, a little way, said, "I have just felt him draw his last breath---he is now dead !"  The body was conveyed to the military station at the Fish River---the corporal reported the affair to his commanding officer---an inquest was held, and a verdict returned of criminal homicide.

Mr. Therry, who ably defended the prisoners, cited a case or two in point, where it was clearly laid down, that if death ensued from a different cause to that charged in the indictment, then such variance would be fatal, and a verdict of not guilty would be found; and he contended that the evidence of Mr. Busby clearly stated, that the blow on the back of the head might have been occasioned by the head of the deceased coming in contact with the rocks, when cast from the shoulders of Moran.  The witnesses for the prosecution also laid particular stress on that part of their evidence, stating they believed that fall "finished him," using their own language, and that the deceased never moved afterwards.

The Adjutant of their regiment gave the prisoners an excellent character, adding that they were really harmless, inoffensive, good hearted men, though young inexperienced soldiers; that had O'Brien escaped, they were liable to the punishment of death; and he had no doubt, that if O'Brien had effected his escape, their punishment would have been very severe and exemplary.  He very properly observed, that if a police officer attended on such occasions, it would transfer the responsibility now thrown upon the military, which was especially necessary, where a charge was to be given to inexperienced young soldiers.

The learned judge summed up in a very elaborate and comprehensive manner, contrasting the evidence for and against the prosecution, advising the Commission, that if they were of opinion the deceased met his death by the cruel beating described in evidence, wilfully, maliciously, and with malice aforethought, then they would find a verdict---guilty of murder, but if of opinion that the prisoners had used unnecessary violence beyond the bounds of legitimate power, but with an idea that they were performing their duty, then the Commission would pronounce the prisoners guilty of manslaughter.  Again, should they think death had been occasioned by the head of the deceased coming in contact with the rocks, when O'Brien was cast from the back of Moran, then the finding of the Jury would be at variance with the two counts in the informatrion, and they would find the prisoners not guilty.  The Commission  retired for about ten minutes, and returning into the jury box, delivered their verdict---not guilty.  [Continues, commenting on conduct of Fitzgibbon [Fitzgerald??] and the verdict.]

 

THE AUSTRALIAN, Friday 20 August 1830

SUPPOSED MURDER. --- In The Australian of Friday, August 6th, a representation was made of a supposed murder.  The fact turned out not to be an outrage of that fatal kind that was anticipated.  On Sunday the 31st July last, report was made to the Windsor Police, that a man who inhabited a hut in a solitary part in the bush, near Windsor, named William Dooling, was absent from his dwelling; the informant, as he passed, to his astonishment found blood sprinkled about the hut; an adze appeared much stained with blood, and the conjecture was general from these tokens, that murder had been perpetrated, and that the body was secreted.  Search was made, and active exertions exercised by the Windsor Police, during Sunday, Monday, and Tuesday; on Wednesday the Superintendent of Police, accompanied by the Chief Constable, was proceeding to the hut wherein the man was supposed to have been murdered, & on their way calling at another neighbouring dwelling, interrogated a pale enfeebled looking object cowering at the fire.  To their astonishment, this miserable emblem of mortality turned out to be the very object of their search,---the man who was supposed to have been murdered.  He stated, that on the 30th of July last, two strangers decently attired called at his hut; he was platting a straw hat at the time, and he made no disguise of his name; they then said, "you are the very b------- we are looking for;" the poor platter was then seated at the fire, with his shirt sleeves tucked up, and all ready for plying his work; they took his straw-splitting knife; one held him while the other made two punctures in the left arm, rather deep, and one wound on the right arm similar to the other wounds described.  They said he should have an easy death.  They left him bleeding; he fainted away, but coming to himself, placed leaves on the wounds, and crawled out so alarmed that he secreted himself from all human observation for four days.  This narrative has caused various conjectures; the man was required to give evidence before the Supreme Court of criminal judicature, which urges a belief that the deed has been perpetrated to destroy Dooling's evidence; others have a disbelief of the statement.

ASSIZES INTELLIGENCE.

WINDSOR ASSIZES.

(Continued from our last.)

Wednesday, Aug. 4.---Michael Leary, James Roache, and Edmund Sadler, were severally indicted for the wilful murder of one Thomas Penny, formerly of Mudgee, beyond the Bathurst Country.  It was proved in evidence that the deceased Penny had been very active in the pursuit of the black natives over the Mountains, in the year 1824, when so many stockmen were speared; that he had killed a Gin belonging to a black, called "Potatoe;" and that Potatoe and other blacks had threatened Penny's life.  There was not the slightest proof to attach guilt to the prisoners, who were all three, without any difficulty, pronounced not guilty.  Mr. Therry appeared for the prisoners.  They were discharged by proclamation.

FRIDAY.---when Adam Rainey was arraigned on a charge of murder.  This charge arose out of a quarrel which ensued at the Lower Branch of the Hawkesbury, the effect of drunkenness at a merry making or house-warming.  The circumstances were so far favorable, as not only to throw out the indictment for murder, but to make out a very slight case of manslaughter against the prisoner.  And under such verdict (manslaughter) the Court adjudged Rainey to be confined three months in Windsor gaol.

John Roache was indicted for the wilful murder of Daniel Gleeson, both prisoners of the crown, and absentees from a road gang.  Roache made a statement, that each prisoner so illegally at large, had prepared a raft to enable them to cross the Nepean River, and that Gleeson, his companion, was drowned in the attempt.  The chief constable, Mr. Purcell, proved that Roache made no secret of the matter, took him to the spot where the body was found, under the prisoner's direction, and that the prisoner surrendered the deceased man's apparel without the least hesitation.  Verdict, not guilty.  Discharged by proclamation.

 

R v Broger [1830] NSWSupC 55

 

R v Killigree [1830] NSWSupC 59

 

The Sydney Monitor, Wednesday 8 September 1830

DOMESTIC INTELLIGENCE

The Coroner assembled an Inquest on Friday at the Globe Tavern, Castlereagh-street, and thence proceeded to the back of the Roman Catholic Chapel on the race-course, where a man named James Carmichael had been found drowned in a pond, or mud hole, the same morning; the Jury returned to the above Tavern, and after a minute investigation, which lasted some hours, returned a verdict of, "Found drowned in a pond at Woolloomooloo, on the morning of the 2nd inst."  The deceased, it appears, was an habitual drunkard.

 

THE AUSTRALIAN, Friday 10 September 1830

An assigned servant to Mr. L. Cooper, having been formerly a weaver, and as he said preferring to be dead than to work, after securing his feet with a rope-yard plumped softly into Mr. Cooper's reservoir at Black Wattle Swamp, one day last week and was accidentally discovered next morning---the unfortunate man's head, surmounted by a hat floating a little above the surface, being at first mistaken for a turtle, of which the reservoir contains several.  An inquest sat upon the remains.

A private soldier, also, of the 17th regt. early last week, either drowned himself expressly, or fell into the water while intoxicated; his body was found on Saturday afternoon last, six days after he had been missing from barracks.

 In both cases the inquest returned a verdict, found drowned.

SUPREME COURT.

CRIMINAL SIDE.

Friday, Sept. 3.---Mr. Justice Dowling took the criminal side to-day, when John Killigree was indicted for the wilful murder of Daniel Sullivan, at Sydney, on the 14th July.  It appeared the prisoner is a private in the 39th regt. in which the deceased was also a private.  Between eight and nine at night the prisoner reeled into barracks in a savage state of intoxication.  His colmrades assisted him to his hammock, after lying in which for some minutes, he drew a bayonet, which was suspended over the hammock pole with other arms, from the scabbard, and flourishing it about his head, swearing frantically that he would kill, but not naming whom,---the bayonet fell in the direction of the deceased, who lay two hammocks distant from the prisoner, and the fatal instrument entered his head, which produced death in about two hours after.  The prisoner received an excellent character for good temper and humanity, and the learned Judge having read over the notes of his evidence, as usual, with singular minuteness, leaving it to the Commission to decide by their verdict, whether the prsoner had thrown the bayonet with the intention to do the deceased a mischief, or the fatal instruemnt had accidentally quitted his hand, when in the act of wielding it,---the Commission found the prisoner guilty of manslaughter, on which he was sentenced  for three calendar months.

               

The Sydney Monitor, Saturday 11 September 1830

DONOHOE.

CORONER'S INQUEST ON HIS BODY.

On Monday an Inquest was convened by MAJOR SMEATHMAN, Coroner, at the Fox and Hounds, kept by Henry Ball, Castlereagh Street, on the body of John Donohoe.

Henry Gorman.---I am a constable at Bargo; on the 1st of September I and several of the Mounted Police were encamped in the evening, about five o'clock, on Mr. Wentworth's farm, Bringelly, when one who was on the look-out said "here come two constables whom we expected?" they were then about a mile and a half distant; one of the Police said, "no they are bushrangers."  Three men were leading a pack-horse; I and two of the Police-,men took one side of a creek, and the serjeant and another man the other side; we made towards, and came up with them on some forest land; a man on the horse, who I thought was a bushranger named Walmsley, saw us first, and immediately jumped off; deceased took off his hat, and waiving it over his head, threw it in the air, saying, "come on! I am ready for a dozen of you!"  The other two took off their coats and hats and went behind trees; we held a parley with them about twenty minutes, before a shot was fired, all parties being behind trees, when one of the Police-men fired, and nearly took down one of the men, who I thought was Webber; after this they appeared shy.  Two of them fired their pieces at me, and I fired at them, but without effect on either side.  One of the Police men named Mugglestone then fired and Donohoe fell.  We chased the other two, but could not come up with them.  On returning deceased was quite dead; the other two Police-men did not fall in with us till the deceased fell; Mugglestone shot the deceased.

John Mugglestone, a private of the 39th regt. now in the employ of the Mounted Police, stated to the same effect, with the addition, that his carbine was loaded with two balls; and that they found on the horse's back some flour, sugar, and women's wearing apparel, and that deceased had a watch in his pocket.

Serjeant W. Hodson deposed to the same effect, but with the addition, that he knew the other two bushrangers to be Walmsley and Webber, and that he thought deceased was Donohoe as Dr. Gibson was robbed by him, and the Doctor knew him well, having been Juror when deceased was tried some ago.  Deceased was in the agonies of death when he came up to him; he found on his person  a small pistol and a watch, (watch produced) no money was on his person; on the horses was found a great many papers amongst the rest grants of land, transfers, and receipts.  The deeds are made out in the name of "Denis Begly, Prospect" and the transfers in the name of Edward Wright (deeds and papers produced); Gorman loaded his piece with a carbine ball and a pistol ball, which it appeared by Mr. Jilks had been lost only a week.  The pack-horse or rather mare was aged, and marked E.S.

The Jury returned a verdict of Justifiable homicide, without reference to identity.  But from a wound in the cheek, and another under the cheek arising from scrophula, there is little doubt but the deceased is the notorious outlaw Donohoe.

Donohoe's life has no doubt been harassing.  But at the same time, it must be allowed that in comparison of the lives of the wretches at Moreton Bay, it was a happy life, and his death much less painful than those of scores who have deceased in that horrid settlement.  And so long as such settlements exist, we doubt not we shall never want in this Colony either Donohoe's and Dalton's.  It is fir and proper, that cruelty should be visited in the nation which practises it with retribution.  God is just.

 

The Sydney Monitor, Wednesday 15 September 1830

TRIAL OF THREE SOLDIERS, CHARGED WITH MURDERING A CONVICT.

(From The Australian of Aug. 13.)

 

THE AUSTRALIAN, Friday 24 September 1830

On the 20th inst. an Inquest was assembled at the Bricklayer's Arms, on view of the body of a little boy, about six years old, named Isaac Danks, whose parents reside in Market-street.  It appeared that the lad had gone the day before (Sunday) to a pond situate at Mr. Hasketh's, brickmaker, near the Surry Hills, to catch frogs, and it is supposed while he was thus occupied, he fell into the pond.  The Jury returned a verdict, found drowned in a pond near the Surry Hills, on the afternoon of the 19th inst.

An Inquest was held on Saturday, at the Sydney Gaol, before Major Smeathman, Coroner, on the body of the infant son of Rebecca Brown, confined in the same prison, for selling Spirits in Bathurst-street, without a license---the Jury was composed principally from among the inmates of the Gaol; after a due examination of witnesses the verdict returned was "died by the visitation of God."

The Sydney Monitor, Saturday 25 September 1830

An Inquest was held at the Bricklayer's Arms, Market-street, on Monday last, on a boy named Isaiah Danks, about six years of age, whose parents reside in the above street.  It appeared, that on Sunday last, the lad had repaired to a pond near the Surry Hills, for the purpose of catching frogs; that he accidentally fell into the pond and was drowned.  The Jury returned a verdict of "Found drowned in a pond near the Surry Hills on the afternoon of the 19th instant."

 

THE AUSTRALIAN, Friday 8 October 1830

A shoemaker, of Pitt-street, named Handley, terminated his existence on Tuesday evening last, by suspension from a cross beam of a roof.

Sarah M*****, an aged matron who has acted several years as midwife about Windsor, has been committed to gaol, on a charge of having occasioned the death of an infant, under circumstances either of neglect or violence, after the accouchement of the mother.  Some are of opinion that an information will not be filed.

 

The Sydney Monitor, Wednesday 13 October 1830

CORONER'S INQUEST.---Yesterday afternoon, an Inquest took place at the sign of the Tiger Inn, Kent-street, on an old man named John Brien.  It appeared, that early on Saturday morning last, he had gone to the bush on the west side of Darling Harbour, for the purpose of gathering wild flowers, by the vending of which he endeavoured to obtain a living; he was taken ill in the bush, and returned to his lodgings in Kent-street about 4 in the afternoon, went to bed, and remained there until about 11 A.M. yesterday, when he expired.  The Jury, after due consideration, returned "died by the visitation of God."

On Monday morning while some men were employed at the back of [?????-house], in turning up the ground, they came to a substance resembling a bag, which on digging round proved to be a deal coffin; on opening it, the body of a woman, with two petticoats wrapped round her middle, apparently only shortly buried, was found inside; the cause of her death and burial at present remain unknown, but an Inquest will of course be held on her body.

 

The Sydney Monitor, Wednesday 20 October 1830

An inquest yesterday afternoon assembled at the Three Crowns public-house, Cumberland-street, in the case of Samuel Foster, late a private of the Staff Corps; who, about 12 o'clock the same day, had cut his throat so effectually as to occasion almost instantaneous death.  It appeared from the evidence of two persons, who lived in the same house with him, that since Wednesday last he had been in a state of great mental excitement, which finally produced the sad catastrophe.  The Jury, after due deliberation, returned their verdict---"That the deceased had destroyed himself while labouring under temporary aberration of mind."

A few days since, a person residing at Parramatta, named Pritchard, in consequence of an immoderate quantity of spirits, which he drank over night, was found the following morning suffocated, occasioned by his neck cloth being rather too tight.

 

The Sydney Monitor, Saturday 23 October 1830

THE COUNTRY MAGISTRACY.

No Coroner is appointed at Hunter's River, notwithstanding the great extent of the farms and population.  There may be one at Newcastle, but I do not know him, if there is.  Two men were lately punished at Darlington, with fifty lashes each.  They were punished after sun-down.  After their punishment, they requested to be taken to the watch-house, as the river was rising, and they were afraid to cross it.  They were refused.  They attempted to cross it.  One was drowned, and the other lost his clothes.  No inquest was held on the body.  But the Corporation Schoolmaster read prayers over the body.

 

THE AUSTRALIAN, Friday 29 October 1830

About four o'clock on the 18th instant, the Coroner assembled a jury at the sign of the Three Crowns, Cumberland-street, in consequence of a private of the late staff corps, Samuel Foster, having about 12 o'clock the same day, cut his throat with a razor.  It appeared in evidence that the deceased, since Wednesday last, laboured under mental depression and lowness of spirits, from an apprehension that he would not after all get his discharge from the service, which he had long been led to expect, which operated to produce the sad event alluded to.  The jury, after a long investigation, returned, the deceased had destroyed himself while laboring under a temporary aberration of mind.

 

THE AUSTRALIAN, Friday 5 November 1830

All doubts as to the fate of Mr. John Macintyre are now at an end.  We last week adverted to the unfortunate gentleman's mysterious disappearance from his farm, since upwards of six weeks ago.---Three of his assigned servants are in custody.  One has blabbed on the other two; and from his statement, it would appear that all three are implicated in murdering Mr. Macintyre, out of revenge for ill-treatment, in his house, after which they concealed the corpse in a box.  This box escaped the chief constable's search some days after, when he went in quest of runaways; but his visit so alarmed the murderers, that they took out the body, and burnt it to ashes !

A man is in custody on suspicion of being engaged in the murder of Mr. Clements, at Hunter's River.

CORONER'S INQUESTS.---A Coroner's Inquest was held on Saturday evening last, at the Fox and Hounds, Castlereagh-street, and adjourned until the following morning, at eleven o'clock, to enquire into the cause of the death of Llewellen Hopkins, who died in the General Hospital the preceding day, in consequence of serious injuries he sustained on Friday evening last, supposed to have been inflicted by the hand of a man named Thomas Jones.  The investigation lasted many hours, and the Jury at length came to the following verdict:---The deceased came to his death in consequence of blows, supposed to have been inflicted on his head by Thomas Jones---the Jury therefore find the said Thomas Jones guilty of manslaughter---accordingly he is committed to take his trial.

Another Inquest was on Monday held at the Rising Sun, Church Hill, on the body of a male infant, found buried near Jack the Miller's Point, under rather suspicious circumstances.  It however appeared, on the clearest testimony, that the child was still-born on Sunday last, and that the father, a poor laboring Irishmen, in consequence of an impression on his mind, as his infant had not been baptised, it would not be entitled to christian burial, therefore procured a box or coffin, and on the night of that day (Sunday) interred it where it was found the next morning.  The Jury, under all the circumstances, came to the following verdict:---The infant male child of Thomas de Alice Blewitt was still-born, and was not destroyed by inattention or any improper treatment.

 

R v Entwistle, Gahan, Kearney, Gleeson, Dunn and Stephen [1830] NSWSupC 75

 

THE AUSTRALIAN, Friday 19 November 1830

CORONER'S INQUEST.---An Inquest was held yesterday, before the Coroner for[Rydney], at the Three Crowns, Church Hill, on a man named John Foley, who had poisoned himself.  It appeared from very satisfactory evidence, that the poor man had for some time past been laboring under an aberration of mind; the Jury therefore returned, that he died in consequence of having swallowed poison in a  temporary  fit of insanity.

 

The Sydney Monitor, Saturday 20 November 1830

CORONER'S INQUEST.---On Tuesday an inquest was holden on the body of Mary Ann Merchant, a child aged seven years, who met her death by through falling into a cellar in Sussex-street, which was filled with water by the late heavy rains to the depth of five feet.  The Jury returned a verdict of Accidental Death.

The Coroner held an inquest on Thursday last, at the Three Crowns, Church-hill, on the body of a man named John Foley, who died the previous day from the effects of poison.  It appeared in evidence, the poor fellow had from various causes been labouring under mental affliction.  The Jury in consequence returned a verdict "Died in con sequence of having swallowed poison when in a temporary aberration of mind."

 

THE AUSTRALIAN, Friday 26 November 1830

Coroner's Inquest.---On Saturday, the 20th instant, a jury was summoned to attend the Coroner, at the house of Mrs. Ann Holles, near Windsor, to enquire when, where, and after what manner one John Holles, a youth about 12 years of age had come by his death.  It was ascertained that the boy had left home on horseback; that the bit of the bridle broke, that the boy had no controul over the horse, that the horse galloped away towards home, that the boy was thrown from his seat, and dragged along the road, his foot fastening in the stirrup leather; that this took place the same morning between Windsor and Richmond, and that certain fractures he received while dragged along the ground caused his death.  A deodand was made of the bit of the bridle, value one shilling,  Verdict---"Accidental death."

The youth who met his death as above stated, was the eldest son of the late Mr. John Holles, baker, of Windsor, whose memory is still held in grateful esteem among his friends.

 

R v Jones [1830] NSWSupC 78

               

THE AUSTRALIAN, Friday 3 December 1830

A coroner's inquest was held at the sign of the King's Head, near the Custom-house, on Tuesday, and continued the whole of the next day, on the remains of a man found within half a mile of Manly Beach, on the North Shore.  In the course of the first day's investigation, circumstances traanspired to implicate very materially the three inmates of a bark hut on the North Shore, named John Whealey, his brother, Joseph Whealey (a boy about 10 years of age), and John Snell, an assigned servant to the former.  On their examination the second day, Tuesday, circumstances transpired which induced the Jury, after much deliberation, to record a verdict---wilful murder against John Whealey and John Snell, and to acquit the boy.

Supreme Court, Friday.

Thomas Jones was indicted for the murder of Llewellin Hopkins, on the 29th day of October, 1830.  R. Therry, Esq., appeared for the prisoner.  The Crown Solicitor stated the case to the Jury.  The prisoner was charged with having on the 29th of October last, inflicted divers wounds on the person of deceased, by beating him on the head with a pole, of which wounds he died on the 30th.  The case was supported by circumstantial evidence only, but that was so strong that the gentlemen of the Jury he was sure would be satisfied as to the guilt of the prisoner; he would not further occupy the time of the Court, but proceed to call witnesses.  Guilty of manslaughter.  Sentenced to serve one year in the Sydney Gaol.

 

THE AUSTRALIAN, Friday 10 December 1830

On Saturday a man named Foster, is said to have put a period to his existence by hanging himself in an out-house, belonging to Mr. Clegg, on the Liverpool Road.

 

THE AUSTRALIAN, Friday 17 December 1830

DEVINE, who was thought to be concerned in the murder of Patrick Duffey, on the North Shore, has been discharged.  Another man has been brought from Parramatta, supposed to be implicated.

 

THE AUSTRALIAN, Friday 31 December 1830

On Sunday morning, (26th instant) a man named Hopkins, a plaisterer, residing in Upper Pitt-street, saying to a neighbour that "he felt rather unwell and they would go and have a glass of 'summut' together," on his return to the house, sat down, and instantly expired.

CATASTROPHE.---About two o'clock on Christmas morning, several persons who had been assembled at a carousal, in a small house, where the toll bar was formerly, at the opening to the South Head road, after drinking to excess for several hours, began "larking," and imprudently laid hold of a loaded musket that stood in the room.  While struggling, it was struck against the ground, the stock broke, and it went off, the contents lodging in the abdomen of a man belonging to the Prisoners' barracks, who after lingering for a few hours expired at the General Hospital in great agony.  The transaction was entirely accidental.

On Tuesday the Coroner held an Inquest as the Feathers, in Phillip-street, after viewing the body of a man named Andrew Hamilton, a shoemaker in York-street, which had been taken out of the water quite dead, about 7 o'clock on the morning of that day, near the stone quarry in Government Domain.  The Jury returned to the above house, and after an investigation, came to a verdict---found drowned near the new stone quarry in the Government Domain.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School