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Colonial Cases

1835INSW

THE AUSTRALIAN, Friday 2 January 1835

EDITORIAL.

We have much satisfaction in being enabled to publish the interesting account, with which we have been favoured by Sir John Jamison, of the final termination of the lawless career of Macdonald, the bushranger, and the remnants of his gang.  ...

... it may reasonable be inferred, that the report is true which Nutty, the Nommie chief received from the native blacks viz. that one of the gang of white robbers had been shot by their own party, and two tumbled down (killed) by the natives, which would account for the destruction of the whole of M'Donald's party, which never exceeded five.  ...

After leaving the hut they went in quest of a mare in charge of a free man named Farley, who was fencing down the river, in the employment of Sir John Jamison; Taylor or Archer made the near cut to where Farley was at work, and informed him that the bushrangers were coming.  Farley instantly mounted the mare, and attempted to swim the river, but the stream swept him off the mare and he was unfortunately drowned; ...

Towards the end of October, George West, per ship Claudine, an assigned servant to Sir John Jamieson, and stationed on the opposite side of the river hearing from the black natives that the bushrangers had taken cattle away, in his anxiety to ascertain the truth of the report, attempted to swim across the river on his stock horse, but the stream running so rapid he was swept off the horse, and melancholy to say, he was drowned; the body was found the next day by the black natives. ...

On Tuesday, at dusk in the evening of the 13th of November last, ....I had placed myself at the store door and covered five muskets, three of which were loaded; ... I quickly snatched up the musket I had my hand concealed on, and instantly fired and shot the top of his skull off, when he [Macdonald] fell and died without a struggle, or even moved, Archer was then at the door, and quickly seized the rifle which Lynch had just before loaded in our presence, with one ball and seven slugs, and fired at Lynch, and shot him through the body; the charge appeared to have entered below the navel and come out at the back; Lynch rushed on with one hand erect above his head, the fist clenched, the eyes staring open, and his long hair standing on end, when he came close up to Archer he turned suddenly round, moved off several steps, which seemed to strike Archer with terror that he had missed him, upon which he ran after him and made a heavy blow with the butt end of his piece, which struck the ground with such violence that it broke off at the lock; he does not believe that it struck Lynch, who fell at the same time nearly lifeless.

We are happy to find that the Government have shewn immediate attention to the recommendation of the jury who sat upon the body of the man who was killed by falling over the stone quarry, on Friday last; a gang of men is actively employed in protecting that neighbourhood against similar accidents.  This is as it should be. [But see also THE AUSTRALIAN, 3 February.]

A Coroner's Inquest was held on Tuesday last, at the Thistle public house in Bathurst-street, on view of the body of William Marson, who had died suddenly on the previous afternoon.  The deceased was an old inhabitant of Castlereagh-street, where he possessed considerable property, and was excessively addicted to the use of ardent spirits.  Verdict, died by the visitation of God.

 

 

The Sydney Monitor, Saturday 3 January 1835

A Coroner's Inquest was held at Kemp's Newcastle Inn, Newcastle, on Friday last, on the body of Harriett the wife of William Turvey, a labouring man, residing at Newcastle, who was found dead in her bed on Christmas morning.  Dr. Brooks was of opinion, that the deceased came to her death by apoplexy brought on by the excessive use of ardent spirits, and the Jury returned a verdict to that effect.  We should like to see a return from the different Coroners, of the number of inquests they have held, and we have no doubt, that at least one half of the cases would be found to arise from intoxication.

Another Inquest was held on Friday last, at Browery Creek, District of Hawkesbury, on the body of William Wilson, and assigned servant to Mr. Thomas Small of Kissing Point.  It appeared from the evidence, that the deceased was lent to Mr. Gaynon, a settler at the Hawkesbury, for the purpose of assisting him to get in his harvest; and that on Christmas day he left Mr. G's house for the purpose of bathing, and did not return.  The next day the body was found in the river.  The deceased was sober when he left the house.  Dr. Stewart examined the body, and certified that the deceased was drowned.  Verdict-Accidentally drowned.  [Editorial comment about Jurors expenses.]

ANOTHER DEATH THROUGH THE IMMODERATE USE OF ARDENT SPIRITS.---A Coroner's Inquest was held on Thursday at the St. Patrick, Gloucester-street, on the body of Mary Godwin, a free woman residing near the place.  Dr. Nielson certified that the deceased's death was accelerated by the use of ardent spirits.  Verdict---died by the visitation of God.  This marks the third inquest held within a week, where the death has been accelerated by spirit drinking.=

 

THE AUSTRALIAN, Tuesday 6 January 1835

William Stokes, a private of the 50th Regt. was drowned in the South Creek waters, while bathing, after his return from Parramatta on Sunday.

On the 30th  December, an inquest was held on the body of Patrick Burne, a saddler, residing near the upper Branch of the Hawkesbury; verdict, "died by the visitation of God."

 

The Sydney Monitor, Wednesday 7 January 1835

MYSTERIOUS CIRCUMSTANCE.---As private Weatherley of the 17th regt. was walking in the Domain near the back of the General Hospital on Monday afternoon, he discovered the body of a man in a shocking state of decomposition.  Yesterday an Inquest was held at the Bell, Phillip-street, when it was discovered to be the body of James Miller, who arrived in this Colony as steward of the British Sovereign.  From the evidence of Mr. Dyer it appeared, that deceased left his lodgings (at Dyer's) about three weeks back, and had not since been heard of.  Dr. Nielson examined the body; but, from its decomposed state, he was not able to say what was the cause of death.  The windpipe was severed; but Dr. N. could not tell whether it had been done by some sharp instrument or by vermin.  In the absence of all satisfactory evidence, the jury returned a verdict of---Found dead. [See Sydney Monitor, 10 January 1835.]

 

THE AUSTRALIAN, 9 January 1835

A ticket-of-leave man named James Butler, residing on the Brickfield Hill hung himself on Tuesday last; he had got into debt and was threatened with the loss of his ticket, which is supposed to have been the cause of the suicide.

 

The Sydney Monitor, Saturday 10 January 1835

An Inquest was held on Wednesday last, at the Black Swan, George-street, near Liverpool-street, on the body of James Butler, a ticket of leave man, who had been discovered in the early part of the day suspended by his neck from a beam in his dwelling house.  From the witnesses examined, it appeared that the deceased had been in embarrassed circumstances for some time past which preyed on his mind; and was also under great fear of losing his ticket-of-leave.  The Jury agreed on the following verdict---The deceased destroyed himself by hanging while labouring under aberration of mind arising from the fear of being turned into barracks through pecuniary embarrassment.  While the Inquest was sitting, a bailiff was sent into the house by a creditor, in order to take possession.  The Coroner's constable, however, expelled the bailiff until the close of the Inquest, when he returned and took possession.

A contemporary, in giving an account of the inquest on James Miller, says, that "after a protracted inquest of five days, the Jury, &c.;" this is entirely erroneous; the Coroner and Jury did not assemble until near eleven o'clock on Tuesday, and they returned their verdict before two the same day.

 

The Sydney Monitor, Wednesday 14 January 1835

Sarah M'Gregor who (with Mary Malony) was sentenced to death for the wilful murder of Captain Waldron, has received a commutation of her sentence from England, and is to be confined in the third class of the Factory, for three years.  During the time M'Gregor had been waiting His Majesty's pleasure, she has been confined in Windsor gaol, whence she was removed early on Saturday morning, in order to undergo her commuted punishment.

During the thunder storm on Friday afternoon, a man employed in the Government Domain at Parramatta was struck dead by lightning.  A Coroner's Inquest was assembled on Saturday, who returned a verdict to that effect.

HORRID MURDER.---On Friday last three armed men entered a hut on the estate of Mr. Cox, of Mulgoa, for the purpose of robbery, but being resolutely resisted by the shepherd, who was fired at by one of the ruffians and the contents of the gun entered his thigh, after robbing the hut the bushrangers decamped.  The poor shepherd is reported to have died of the wounds.---Another instance of the lawless state of our society, and the inefficiency of the police. [See AUSTRALIAN, 30 Jan., wounded in leg.]

On Wednesday, Mr. Dixon the brother of Mr. John Dixon, while on a visit to his farm, was killed by a fall from his horse.

CORONER'S INQUEST.---An inquest was held yesterday before Colonel Wilson, (during the illness of the Coroner) at the Blue Posts, Harrington-street, on the body of a New Zealand woman named Betty.  Mrs. Murphy deposed, that the deceased came to lodge with her about a month ago, in consequence of being thrust out by a man named William Holmes, in whose charge the deceased had been left by her husband, a sailor, who is now at sea; the deceased, in consequence of Holmes's treatment, had become very dejected, was seized with the measles, and died in deponent's housie on Thursday evening, between eight and nine o'clock.  The witness stated, that she believed that if Holmes had taken her into his house, and been kind to her, she would not have died; for when medicine was procured for her, she would not take it; which Holmes could have persuaded her to do, as he could talk to her in her native language.---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 16 January 1835

A man who was employed in the Government Domain at Parramatta, was killed by lightning during last Friday's storm.

Mr. Dixon, brother of ---- Dixon, and father of Mrs. Barker, was killed on Wednesday, by a fall from his horse; the disposition of the property now under trust, during the outlawry of the brother, becomes a matter of importance.

THE

GOVERNMENT GAZETTE.

Wednesday, January 14, 1835

WHEREAS it has been represented to the Government, that a person named William Jenkins was murdered in his hut, on the Kissing Point Road, on or about the 14th of December last; and that Hugh M'Gilligan, of the Invalid Gang of Convicts, and William Maynard, as assigned servant, have been committed to take their trial, the former as a principal in the said Murder, and the latter as an accessary after the fact; but that, from inquest held by the Coroner on the 13th ultimo, there is reason to believe that other persons were concerned therein:--- Notice is hereby given .....

 

THE AUSTRALIAN, Tuesday 20 January 1835

Major Smeathman, the late Coroner for Sydney, had held that office for four years; the cause of his death is stated to be inflammation.  He was 76 years of age, and had only been four years in the Colony.

We have received intelligence of a mounted police man having been shot dead by a bushranger, in the Bathurst district.  We have not heard the particulars, though there appears to be no reason to doubt the fact.

We have been informed by a resident in the neighbourhood of the sheep-station where the bushrangers, Macdonald and Lynch, met their end, that there is reason to doubt the account given of the transaction by the men Biddles and Archer. [Continues.]

A Coroner's Inquest was held on Friday at the Blue Posts, on the body of a New Zealand female, who died rather suddenly.  It appeared that she had been attacked by the measles, had got better, but had [???] into the water on Thursday, and [drank??] a quantity of salt water, when she died about three hours after.---Verdict; "Died of a disease called measles."

A Coroner's Inquest was held on Sunday [????] by Colonel Wilson, upon view of the body of William Fleming, formerly practising Barrister and Attorney, of some no[toriet]y in this colony.  Verdict, died by the visitation of God.

 

The Sydney Monitor, Wednesday 21 January 1835

An Inquest was held on Sunday, before Colonel Wilson, at the Daniel O'Connell, George-street, on the body of Charles Hanscombe, who had been for a considerable time an inmate of the Asylum.  From the evidence of Henry Holmes it appeared, that the deceased was walking with constable Taylor, when he fell down and expired.  The House-surgeon gave his certificate that the deceased's death was occasioned by the bursting of one of the arteries of the heart.---Died by the visitation of God.

A Coroner's Inquest was held on Sunday, at the Thistle, Cumberland-street, on the body of an old inhabitant of Sydney, named William Fleming, who died suddenly, early that morning.  The deceased had been unwell for some time, and was found lying dead in the yard.---Died by the visitation of God.

Major Smeathman, the late Coroner for Sydney, had held that office for four years; the cause of his death is stated to be inflammation.  He was 76 years of age, and had been only four years in the Colony.

We have received intelligence of a mounted police man having been shot dead by a bushranger, in the Bathurst district.  We have not heard the particulars, though there appears to be no reason to doubt the fact.

 

THE AUSTRALIAN, Friday 23 January 1835

Nothing has ever been heard of Mr. Lindesay since his disappearance; there can now be no doubt but that he has somehow or other come to a fatal end; there was a report about that he had gone to India; this is without foundation, since he had just purchased a number of sheep, and his presence was indispensable to his interests; there is no doubt moreover, but that he was in a deranged state at the time of his disappearance.

 

THE AUSTRALIAN, Tuesday 27 January 1835

An inquest was held on Wednesday, before Colonel Wilson, on the body of James Gregory, an assigned servant of Mr. Thompson the butcher, who was killed by a kick from a horse on Wednesday.  Dr. Neilson having given his evidence, the jury returned a verdict of accidental death.

A coroner's inquest was held last week on the body of a man unknown, who was found in a water-hole, near Emu, the day before; there were marks of violence about the body, such as to lead to a suspicion that he had been murdered; he appeared to be about forty years of age, and in other respects seemed to be of the labouring class; nothing was found to give any clue to his name, not was the state of his body such as to justify the jury in returning any further verdict than---"Found drowned."

 

The Sydney Monitor, Wednesday 28 January 1835

PENRITH.---An Inquest was held at the Stores at Emu Plains, on the 21st inst. on the body of a man found drowned in the Nepean River, at Glenbrook.  The body was in such a state of decomposition, as to destroy his identity; part of the clothes were proved to be those of an old man named Richard Osborne, who, for some time past, had been labouring under an aberration of mind, and who left his house about a fortnight ago, and was supposed to have wandered amongst the almost impenetrable scrubs in that neighbourhood, and in attempting to cross the reviver met his death.  The jury returned a verdict of---wilful murder against some person or persons unknown!

DIED.

ALSO.---By the wreck of the boat St. Patrick, near Botany Heads, in his 25th year, JAMES ALPHEUS, the only son of Mr. JOHN MACKIE, George-street.

 

THE AUSTRALIAN, Friday 30 January 1835

A Coroner's Inquest was held on Wednesday (the 21st instant), on the estate of T. Icely, Esq., near Bathurst, on the body of a shepherd of the name of Howe, who was killed in a drunken fray, by an assigned servant of the name of Cherry---the wound was given by a knife; the man was committed and forwarded to Sydney for trial.

A man in the employment of Messrs. Cooper and Levy was run over by a dray, near the turnpike, on Wednesday; little hopes are entertained of his recovery.

A small cutter, called the St. Patrick, belonging to Mr. ------, has been cast away and lost during the late southerly gale; it appears that she left Shoalhaven for Sydney, on Friday last, when the wind was blowing strong from the southward; it being however, favourable to their course, they set sail, and had not been heard of till Tuesday, when the body of one of the crew was picked up in Botany Bay---at the entrance of which it is supposed she must have been swamped and gone down; it is, of course to be feared, that the four persons comprising the crew, have perished; one  of them was a son of Mr. Mackie, of George-street.

 

The Sydney Monitor, Saturday 31 January 1835

A Coroner's Inquest was held on Thursday before the acting Coroner (Colonel Wilson), at the Edinburgh Castle, on a body found floating near the Botany Heads.  It appeared from the evidence of Mr. Mackie, that having heard that the boat St. Patrick, on board of which his son had sailed, was supposed to be lost, he went to Botany Heads to ascertain particulars.  About half a mile from the Custom's station, a body (not the body of Mr. M's son) was found jammed between two rocks.  Br. Byrne deposed, that he had seen the pump of the St. Patrick, and also a basket belonging to her, which had been picked up near the spot.  Dr. Rule was of opinion that the deceased died by drowning.  Verdict---found drowned;---supposed to have been one of the crew of the St. Patrick.

 

THE AUSTRALIAN, Tuesday 3 February 1835

The Coroner's Inquest on the body of the man John Smith, who died in consequence of injuries inflicted by a runaway from the hulk, last Tuesday, appears in another column; a similar account appears in yesterday's Herald, ...

A Coroner's Inquest was held at the Bricklayer's Arms, in Market-street, on Friday last, before Colonel Wilson, Police Magistrate, on the body of John Smith, an assigned servant to Mrs. Finnis, of the North Shore, who came to his death in the Hospital in Sydney, in consequence of a wound, inflicted on him by a prisoner of the crown, who had taken the bush; and, as is usual in such cases, resorted to plunder, and personal violence, when interrupted, in order to satisfy the cravings of nature.  Several witnesses were carefully examined by the Coroner, who elicited that the offender had escaped from the hulk Phoenix.  Fortunately for the ends of justice the perpetrator of this deed has been captured, and stopped in a further career of robbery and crime.  The particulars are already before the public, who will be satisfied at the prospect of speedy retribution for this daring outrage.

 

THE AUSTRALIAN, Friday 6 February 1835

Mr. Merritt, the well known butcher of Sydney, dropped down dead in the Police Office on Wednesday last; he had been attending at the Police-office, and was about to leave it, when he fell back and died instantly.

Mr. Ryan Brennan, it will be seen by the Government Gazette, is the new Coroner for Sydney.

 

The Sydney Monitor, Saturday 7 February 1835

FRIDAY, FEBRUARY 6.---Before Mr. JUSTICE DOWLING and a Civil Jury.

James Kelly, of Liverpool, was indicted for the murder of William Thomas, on the 23rd December last. By striking him with a stick, and afterwards throwing him into George's River.  This case rested solely on circumstantial evidence.  It appeared that on the day laid in the indictment, the deceased and the prisoner, who were both in the employ of Mr. Norton of George's River, left Mr. N's house in a state of partial intoxication, for the purpose (as the deceased said) of "melting a five-pound note;" the prisoner returned that night, and said he had left the deceased at a public-house near Liverpool; the next morning the body of Thomas was found lying in the river; a Coroner's Inquest was held, when Dr. Robertson found that there were three slight contused wounds on the head, and an extravasation of blood at the base of the brain, which were sufficient to cause death.  The prisoner having been the last person seen in deceased's company, and having said that he had left him at a public-house where he had not been, was committed for trial.  The Jury after a long absence, returned a verdict of Not Guilty.---Discharged.

Richard Payne, a prisoner of the Crown, was indicted for the murder of William Kelly, alias William Coffee, by knocking him down and kicking him, on the 1st December last, at the sheep-washing station of Mr. Styles, Parramarrago.

Joseph Wheeler deposed, that on the 1st of December his master's sheep-washing took place; there were about ten men besides the prisoner present; they had received two bottles of rum from their master, on account of their having to go into the water after the sheep; when they had drunk the rum, two men got up and began to wrestle; while they were so amusing themselves, a boy came and stole one of the wrestlers'' jackets; the deponent observing the transaction, gave an alarm, when the prisoner and several others pursued the boy and caught him, the prisoner gave the boy a pretty sharp chastisement; the boy said, that the jacket had been given him by a free man; the prisoner suspecting that the deceased was the person the boy referred to (from his seeing the deceased and the boy in company immediately before the jacket was stolen) went up to deceased, and accused him of stealing the jacket, which the deceased denied; the prisoner then knocked him down, and when he was down kicked him on the head; the deceased then got up, when the prisoner knocked him down again; the deceased now cried out "my God, what is this for, what have I done;" he got up again, when the prisoner knocked him down a third time, kicking him as before; they left Kelly lying on the ground, and when they returned he was dead.

  Dr. Harnett, deposed that the deceased's death had been caused by a contusion on the right side of the neck; that it had been accelerated by the ardent spirits which he had drunk.

In defence it was stated, that the prisoner (who acted as overseer to Mr. Styles) was a sober and humane man; when the prisoner was told that the deceased was insensible, he instantly went and opened a vein to bleed him, but life was extinct.  The prisoner also went to the Magistrate, and gave himself up.

The learned Judge, in summing up, said that the case before them was similar to the last.  Guilty of Manslaughter, Remanded.

Before Mr. JUSTICE BURTON, and a Military Jury.

Elizabeth Jones, alias Mother Nowlan, Susannah Davidson, and William Reynolds, of Wilberforce, were indicted for the wilful murder of Charles Mullins, at Wilberforce, of the 1st December, 1834.

Ewd. Kirby deposed, that the prisoners, in company with the deceased [Mullins] came to his master's house on Sunday evening at nearly sun-down.  There was a quarrel between the female prisoner [Jones] and the deceased.  He struck and ill-used her, by kicking her; after she was knocked down she got up by the assistance of deponent and others, and ran into the room.  He followed, when she returned and took up a knife without a handle from the table and said, "she would be ------- but she would stand in her own defence."  She then went into the room again, when the deponent heard a noise in the room, he also heard some one say, "drop that knife," and then there was a noise of a scuffle in the room.  A few minutes only elapsed, when both the female prisoners left the house; as soon as they were gone [almost appearing to follow them] the deceased came out of the room, and as he came out, said something to the male prisoners, which witness did not hear.  He [deceased] then put his hands up to his face, and laid himself down on Mrs. Bennett's bed.  The deponent did not hear of his death, although he slept in the same room, till next morning; Mr. Bennett also slept on the same bed as the deceased was lying on, and had lain there from about two o'clock in the morning.

Cross examined---Knows that all the parties had been drinking; they were neither drunk not sober; there had been a bottle of gin on the table at Mrs. Bennett's house, while the prisoners were there; did not know that Bennett and the deceased had been fighting; deponent was sober at the time; he saw no blood on the dress of any of the prisoners when they left the house.

Joseph Cord, another witness, corroborated the evidence of the first witness.

The surgeon who attended the inquest, also deposed, that the deceased's death had been occasioned by a wound from a sharp pointed instrument, which had been thrust into his left breast between the second and third rib, this had pierced the membrane which encloses the heart, and also made a very slight wound in the left artery, from which blood flowed and filled the membraneous net which caused death.

Cross-examined---A person in a state of intoxication might receive such a wound, and not be sensible of the injury, which would however, cause death.  The wound could be made without the exertion of great violence; such a wound as that of which the deceased had died, might have been made by a similar knife to that produced in Court.  Another witness deposed to the usage which the female prisoner Jones had received from the deceased.  When she (Jones) took the knife from the table, she said "she would have her revenge, or Mr. North would;" that she (Jones) left the house and took the knife with her as a protection, for fear the prisoner Reynolds and the deceased should follow her; she accused the deceased of desiring her to go to bed with him before four other men who were in the house, and she said she would not.  From the exculpatory cross-examination, it appeared that the female prisoner Jones and the deceased had been very intimate up to the time of their going to the house when the murder was committed.  At the conclusion of the case for the prosecution, the learned Judge stated to the Jury, that there was no evidence to criminate wither Mrs. Davidson or Reynolds, and the Jury therefore acquitted them, and were then instructed by the learned Judge on the law relative to murder and manslaughter, and the Jury found (with consent of Mr. Wentworth, the prisoners counsel) a verdict of Manslaughter against the female prisoner Jones.  Remanded.

Mr. Ryan Brenan has been appointed Coroner vice Smeathman, deceased. From the length of time Mr. B. has been in Sydney, and his knowledge of Colonial habits, he is supposed to be peculiarly fitted for that responsible position!

A Coroner's Inquest was held on Thursday at the London Tavern, before Mr. Ryan Brenan (the new Coroner) on the body of Mr. William Merritt.  From the evidence of Mr. E. G. Smith a clerk in the Police Office, it appeared that on Wednesday, Mr. M. was in attendance at the Police Office, when he suddenly fell down, and notwithstanding the usual steps were taken he expired in about half an hour.  Dr. Stewart certified that the deceased died of apoplexy.  Verdict---died by the visitation of God.

 

THE AUSTRALIAN, Tuesday 10 February 1835

A report has reached Sydney, that a constable [Duncan Kennedy] who had proceeded to Mr. Icely's estate for the purpose of taking one of that gentleman's assigned servants [John M'Carthy] into custody, was shot dead by the ruffian who having been aware of his approach, had armed himself with a musket.

The bushrangers, who wounded Mr. Shepherd at Monero some time back, an account of which appeared lately in this paper, have been captured by the police; one of them was shot by the policemen.

Law Intelligence.

 

Saturday, February 7---before His Honor Chief Justice Dowling, and a civil jury.

Amb. Higginbotham, Thomas Osborne and Edward M'Kaniell, all of Penrith, belonging to a road gang, were placed at the bar, charged with the wilful murder of Alice Cooper, alias Bunten, on the 8th December last, at Emu Plains, by striking her on the forehead, neck, and other parts of the body; there were two counts in the information as to the weapon.  Mr. Wentworth appeared for the prisoner Higginbotham.

J. Dickson, sworn---I live at Emu Plains, in the month of December last, I stopped at deceased's house.  Cooper asked me to stop there until he returned from Bathurst, whither he had gone to shear some sheep, I was there until the deed was committed, the deceased used to sell spirit's without licence, I saw her dead in the house, she was alive when I left the house at 7 o'Clock in the morning, when I was fetched from the field by another man it was about 12 o'Clock, when I went out I left M'Manus and Osborne in the house, M'Manus asked me to get some rum, a man named Hossack went with me, there were three teams stopping at the house with drivers, when I came back I found Mr. Sontar, the doctor, Mr. Wilson the publican, and Mr. Jackson, M'Manus was there also, but none of the other prisoners, the deceased had 3 Pounds about a week before, I do not know where it was.

Cross-examined by Mr. Wentworth---The divers of the teams slept under the drays, they were no distance from the house.

By M'Manus-When you asked me to get some rum, you said you did not want it for nothing---I have seen you with money several times.

Hugh Wallace Hossack---I lived at deceased's House at the time of the murder, went out that morning with Dickson, just before we went, Osborne came in, he appeared to me as if he had been drinking, he spoke to the deceased, and said, "give us a pipe old woman," he then asked for some tobacco and a knife to cut it, deceased said he was giving her a great deal of trouble, he then pulled out the pocket of his trousers, and  said, his pockets had been cut, and that he had lost some money, but he would make some one pay for it before night, I said it was a very improper expression for him to make there, he said I don't allude to any body here, I saw M'Manus talking to Dickson at the fence outside the door, I heard M'Manus ask for liquor, Dickson and I afterwards went away up the road and shortly afterwards separated on our respective occupations, there were three teams and three men, two were present when we started, the other was in a paddock near, when we left M'Manus and Osborne, I did not see any money with the deceased, when I returned to the hut at 3 o'Clock, I found her dead.

Daniel Jackson---I am a miller at the Nepean, remember the day of Mrs. Cooper's death, was passing her door about 5 o'Clock in the morning and saw her, she was well and hearty then, on my return I found her dead---Higginbotham came running to me all over blood and said, Alice Cooper was murdered, or nearly so---and that he was afraid she would die before I got there, I went immediately and found her dying, I said, "Jenny who has done this to you," she endeavoured to speak, but could not, I saw a wound above her temple knocked in by some heavy weapon, I enquired how Higginbotham came over blood, he said he had assisted the Doctor in moving deceased which was the cause, the Doctor told me subsequently, that he had assisted him, on looking for the instrument that had been the cause of her death, I found an adze all over blood and some hair sticking on the handle, the doctor was in the house, M'Manus was standing outside leaning against the door, I examined him and found blood on the side of his trousers, he said it was caused by his having been fighting about a  week before, I said it appeared too fresh, and directed the constable to take him into custody, as I was coming to deceased's house after the murder, I saw Osborne some distance from the house drunk in the road, I did not examine him until I had seen the woman, I turned him over to see if there were any spots of blood on him, there were none.

Cross-examined by Mr. Wentworth---I did not see any rum in the house; M'Manis appeared the worse for liquor, but not drunk.  I never saw you before in my life; you did not appear agitated when I spoke sharp to you.

By the Judge---Higginbotham said M'Manis had murdered the woman; I accused M'Manis but did not tell him what Higginbotham had said; the deceased skull was dreadfully fractured, as soon as she died part of her forehead fell in and left a complete chasm; M'Manis might have moved her without being bloody, but my opinion is, she was stunned first and then carried to bed and there finished; my oath was never refused as I know of; I have lost two causes in the Supreme Court Mr. Wentworth defended me.

Mr. Richardson, surgeon, of Windsor,---I was at an inquest on the 8th or 9th December last, on the body of Alice Cooper; I was passing at the time; the cause of her death was, a wound on the forehead; the frontal bone was broken in on the brain, the membrain lining the skull was lacerated, and one of the principal blood vessels was wounded; that was quite sufficient to cause death, and I did not examine her further; the inquest was held about the middle of the day; I saw an adze, it was stained with blood both on the blunt part and on the handle; on comparing the blunt part of the adze with the wound on the head, I was satisfied that that instrument was the cause of her death.

John Butcher.---I live at Bathurst; an assigned servant to Mr. Lee; I was coming down with some drays of my master's in the month of December last, two other men were with me; on our way we stopped at Cooper's, which was on a Friday, and stopped until the Monday, when we started for Sydney about 7 in the morning; when we went to the punt we left M'Manis and Osborne in the house, they were sitting inside the door.  Mrs. Cooper was alive and well when we left; before we crossed the river, both these men overtook me, they crossed in the punt with us; after we got over we all stopped at Wilson's public-house and called for rum; they re-crossed; this was about 8 o'clock, they appeared to go up to the punt house, which is about a quarter of a mile from Cooper's; I stopped at Wilson's a short time and then proceeded to Sydney.

Cross-examined by M'Manis.---It was about 7 when we all went; I never saw you but once before the murder which was the Sunday previous: your face was cut and had plaster on; you had money with you at Wilson's.

John Crawford.---I was a boatman in December last to Mr. Wilson at the Emu Ferry; I remember the morning Mrs. Cooper was murdered; M'Manis and Osborne came across the ferry with the teams and drivers; when I first saw M'Manis he was naked washing himself in the river, he dressed himself in the river, and asked me to let him go to Wilson's to get rum; I said, he was in liquor and that he would get himself in trouble; I know that he was once in an iron-gang; after M'Manis had crossed and re-crossed two or three times, Higginbotham came and called me and said there was a  woman murdered; he seemed much confused and was all over blood; he asked to be brought over the water as quick as possible to report it to the chief constable; and enquired if M'Manis was at Wilson's; we walked together to Wilson's door, Higginbotham saw him and said, "yes, there he is.  I think that's the man that's done the murder;" there was soldiers there he and M'Manis went over, towards the house of the deceased together.

Cross-examined by M'Mannis.---I know you to have money frequently, and that you have crossed the river before.

John Wedge.---I remember the morning of the murder, was applied to by Higginbotham to pull up every body we met; on arriving at the house, I found M'Manis there, and handcuffed him---I saw Dickson the deceased's servant, and enquiring if she had any money, he said about 30s. which was in her box, I searched the box and found none---the woman was not dead quite when I first saw her-the bed was covered with blood, it had soaked through on the floor---I found the adze under the bed.  I subsequently took Osborne into custody, he was very drunk.

 The different things were then produced in Court, and a most horrid appearance they had, entirely covered with blood.

On my proceeding to Gaol with M'Manis and Osborne, the former said he would tell me all about it if I would let him go and give me 30s. beside---I told him I would not let him go, and he declined saying anything---his trowsers had a spot of blood on them, it appeared to me to be fresh, he said he got that through fighting a week before---he asked me who said he had murdered the woman, and on my answering "Jack the Cook," (meaning Higginbotham) he said it was Jack who struck her first.

Cross-examined by Mr. Wentworth.---Higginbotham came himself to report the murder.

John Proctor.---I took Higginbotham into custody and searched him, he had 2s. and 6d. upon him.

His honor at very great length summed up the evidence, and stated to the jury that it was very slight with regard to the prisoners Higginbotham and Osborne, and if they entertained a reasonable doubt with respect to the other prisoner, they would give him the benefit of that doubt.  The jury retired for about an hour, and returned with a verdict of guilty against M'Manis, and acquitted the others.

His honor in a most impressive manner passed sentence of death on the prisoner, and ordered him to be executed on Monday.---(Yesterday.) [Execution reported on previous page.]

 

R v Monkey [1835] NSWSupC 6

 

R v Weatherwiche [1835] NSWSupC 3

               

THE AUSTRALIAN, Friday 13 February 1835

MYSTERIOUS CIRCUMSTANCE.---Some time since two small settlers in the district of Stonequarry were returning together on horseback from Sydney, where they had been to dispose of their produce.  As usual, they called at each of the many public houses on that line of road, the necessary consequence was, that by the time they began to approach the end of their journey, one of the two got completely fuddled, the other having been more moderate than his companion, was still comparatively sober.  They got on pretty well until within a short distance from the residence of Major Antill, where the most drunken of the two [Connor] was thrown off his horse, which immediately scampered off into the bush.  His comrade anxious to recover the horse, rode after it, and after some exertion succeeded in retaking it, and returning to the place where he had left his companion about half an hour previously.  This surprise may be imagined at finding him gone.  He immediately rode to Major Antill's, to whom he stated the circumstances.  Major Antill sent some constables and some of his own servants to assist in the search for him, but they were unable to find any clue to his disappearance.  Notwithstanding every effort that could be made, not the slightest trace could be found which might serve to throw any light on the subject until about ten days afterwards, a servant of Mr. M'Alister, Esq. who went to bathe in the Stonequarry, discovered the remains of a human body in an advanced state of decomposition.  Immediate notice was given to Major Antill, the body was taken from the creek, but the relations of the individual missing were unable from the state in which the body was, to identify it as the remains of their relation.

The wife of a seaman, and proprietor of a vessel, drowned herself on Monday last, in Darling Harbour; it is said that she had taken offence at some previous occurrence, and had committed the fatal act in a state of great excitement.

Law Intelligence.

SUPREME COURT.

Criminal Side.

SATURDAY, February 7, 1835.---before Mr. Justice Burton, and a Military Jury.

William Stanley, as assigned servant of Mr. Cox's, was indicted for an attempt to murder John Harrison, at a place called Fitzgerald's Valley, on the 8th of October last.  It appeared that a woman who cohabited with deceased got into a waggon driven by the prisoner, and sat down alongside of him---the female was drunk---the deceased afterwards got up and kicked prisoner off, and also beat him when he was down, he further struck him on the head so violently as  to stun him.  Prisoner, upon recovering, took out his knife and sharpened it against a stone; he then went up to deceased and said "come, let us be friends," and taking hold of deceased's left hand, struck him in the belly with a knife, the prisoner was taken before a Magistrate when, the wound being slight, he was sentenced to receive 50 lashes; soon after the deceased got worse, went into the Hospital and died on the 28th of October; the Surgeon deposed that the wound was not the cause of death; inflammation of the lungs being the cause.

The objection was made that the prisoner had already been punished by the 50 lashes; the offence, the Judge remarked, was beyond their jurisdiction; the Jury found the prisoner Guilty.  Death recorded, but it was intimated that the prisoner would be transported for a term of years.

Wednesday, February 12.---Before Mr. Justice Dowling and a Military Jury.

Thomas Weatherwiche, a prisoner of the crown, was placed at the bar, charged with the murder of one John Smith, on the North Shore, by striking him with a stick.

Jeremiah Sheehy, a youth of 14 years of age, sworn---I am assigned to Mrs. Finnis on the North Shore; John Smith was also a servant to Mrs. Finnis; I saw the deceased when he was dead at the hospital on the 31st January; I saw him alive on the 27th of January at the North Shore, in my Mistress's kitchen; I was going to call the deceased to breakfast, when I saw the prisoner come out of deceased's hut and wipe his hands, which were covered with blood, on the door of the hut; he ran up to me and laid hold of my wrists, and told me there were two men in the hut, and if I came down to the house he would not harm me; upon which I roared out, and he put his hand to my throat; we then had a scuffle and both fell down to the ground together; at this time two of the dogs came up and went to the prisoner and leaped upon him: he then let me go; he picked up my hat which was on the ground and went away; I then ran home and said there were bushrangers about; and locked myself up; there were two young ladies who then ran to the waterside to call a boat; Miss Talbot and a child; my mistress then called a boat which was going by with two men in it, and they came ashore; I then went and called some of Mr. Mossman's men, and we then went to the hut and saw John Smith lying under his bed covered with blood; he appeared sensible, but could not speak; he was then taken to the hospital; I saw a stick in the hut; there was no blood on it, but the stick was broken, and there were bits of it lying about the hut; the stick now produced is the identical one I saw in the deceased's hut; I saw some boxes in deceased's hut broken open by having the hinges taken off; the hat now produced is my hat, the one prisoner ran away with; I never saw the prisoner before that day; the deceased was about 30 years of age.

Miss Julia Talbot, sworn---I was living with Mrs. Finnis, on the North Shore; I remember the morning John Smith was murdered; it was yesterday fortnight; I heard the boy Sheehy making a noise and thought it was some of the men beating him; the noise continued, and I and Mrs. Finnis went out; we then met the boys [sic], and he said there was a bushranger; at the time, I thought it was not a bushranger, till the boy told us that Smith's hut was all over blood, and Smith was in  it; I then went to the hut and saw the deceased lying on the floor covered with blood; I spoke to him and he turned his head two or three times towards me, as if he knew me, but he could not speak; I looked round the hut and saw the lamp on the ground, as if it had been thrown down in a scuffle; I saw a man run away before I went to the hut, and I saw the same man have hold of the boy's throat; I went to the hut after the deceased was removed to the hospital, and I there saw some biscuit rolled up in a towell, and a box broken open; we thought it strange there should be biscuit in the hut, as the deceased always had his meals in the kitchen; deceased has been living with Mrs. Finnis a year, and he was a gardener; I never saw the prisoner at the bar before; I was close to the prisoner, but thinking he was one of our men took no notice; he was dressed as one of our men.

Dr. Mitchell sworn---I am Colonial Surgeon; Smith came to the hospital on the 27th January last, in a state of insensibility, from wounds in the head; he lingered there till the 29th January, 8 o'clock in the evening, when he died; he died from a fracture in the skull, and extravasation of blood in the head; the wounds I should imagine were produced by a sort of club; the stick now produced would inflict such wounds; the deceased appeared to have several blows in the head; he was quite insensible from the time he was brought to the hospital to the time he died; I never had any hopes of his recovery.

William Pearce sworn---I am a servant to Mrs. Finnis; I know the hut where Smith was murdered, and remember the day well; Smith was alive at 5 o'clock in the morning of that day; I returned at 20 minutes after 3 in the afternoon; when I went into the hut there was a great quantity of blood under the bed, and my box was broken open; I lived in the same hut with deceased; I did not know of any biscuit being in the hut; I missed a pair of trowsers and a check shirt, and in lieu therefore I found a red shirt and three parts of a pair of duck trowsers; I went to see Smith at the hospital before I went home; I had crossed to Sydney on the morning of the day deceased was murdered; his face was so much disfigured that I could not identify him except by his breast and hands; the boy Sheehy told me the man who had murdered deceased was, about 5 feet 20 [sic] inches high, with light eyes and brown hair; the trowsers now produced are mine; the red shirt does not belong to any one in the hut.

Cross-examined by prisoner---I never saw you before in my life; I did not give you the shirt and trowsers now produced (upon this the prisoner at the bar said, "you are a  false man"); the stick supposed to be the one deceased was beaten with might have been in the hut for the purpose of lighting the fire; I never brought any biscuit in the hut; the hut is 100 yards from the house; there is a door in the front, and a window in the side of the hut; a man might get out of the window while another was approaching and secrete himself in the bush at the back of the house, without being seen, Smith, for the last few weeks preceding his death, was dissatisfied with his place, on account of my having 10 Pounds a year, and he being allowed nothing; I recollect Mrs. Finnis  giving deceased a pair of trowsers, and getting them back  from him; I also recollect deceased having a hat giving him, an old one of Mr. Finnis's.

Thomas Clarke, Esq. Police Magistrate, sworn---I have some land at the North Shore; on hearing of the murder at Mrs. Finnis's, I proceeded to the hut, accompanied by some of the police; I saw the stick now produced, but there was no blood on it; I saw the deceased after the accident, the first time, at a public house on the King's Wharf; the hut appeared to have been the scene of a recent scuffle, the things therein, apparently disordered.

Cross-examined by the prisoner---There was a window in the hut, but I did not take much notice of it; I think it was shut at the time I went into the hut; a man might get out of this window while a person was approaching, without being seen.

Colonel Wilson, Chief Police Magistrate, sworn---I heard of an outrage being committed on the North Shore, on the 27th January; I immediately sent constables over, and proceeded there myself the next morning; I supposed, from the man's clothes being found in the hut, and the clothes being recognised as belonging to the man who had escaped from the hulk, that he was the man who had committed the outrage; he was apprehended on the following Thursday and sent to the barracks, and from thence to the hospital to John Smith, to see if Smith could recognise him, but Smith was perfectly senseless at the time; he (prisoner) told me, after he was committed, that he went to a certain place after he had escaped from the hulk, to a hut, which I found out, where he was harboured by two men, that it was here the robbery was contemplated, but no murder; at Mrs. Finnis's he said, he had gone himself a few days before the murder was committed, to Mrs. Finnis's, making himself acquainted with the servants, and the ways of the house; he told me the boy Sheehy had given him the waistcoat, that Pearce had given him the shirt and trowsers he had on when he was apprehended, and also that the boy had given him the biscuit, and that he was maintained for two days by Mrs. Finnis's servants; he said that the boy Sheehy told him that the biscuit was kept in a loft, and that he couldn't get any, till he had a good excuse to go to the loft, which he said he would do.  He said that the prisoner of the crown who had harboured him was with Smith in the hut the morning that the murder was committed, and he, prisoner, on going outside, saw the boy Sheehy coming towards the hut; he said he had no doubt the murder was committed by the other man who was with him, in his own defence, to prevent his being taken, while he, prisoner, was outside the hut.  He adduced, by way of argument, that his hands were not bloody, or he should have stained the lad's clothes when he grappled with him, and also, that the man who murdered deceased, got away by the window of the house; the man's name, whom prisoner said was his accomplice, and murdered Smith, was Patrick Brennan, who is now in custody; I did not observe any marks of blood on the door of the hut.  All this conversation passed between the prisoner and me, in the gaol, after his committal.

George Jilks, chief constable---I was directed by the chief Police Magistrate to strip the prisoner at the bar; the trowsers, shirt, shoes, and hat, now produced, are the identical articles I took off the person of the prisoner; I took the boy, Sheehy, into the room where the prisoner and 8 or 10 more prisoners were standing, and he picked him out directly, with the clothes on now produced.

Miss Julia Talbot, recalled by the Court---I went into the hut after I heard the boy, Sheehy, cry out; when I went in the window was shut; I cannot say whether the window was secured inside or not; I am sure no person went through the window from the time I left the house to the time I opened the door of the hut; when I saw the man whom I supposed to be the prisoner and the boy struggling, I thought they were only playing together, and the man was one of our own men, and therefore was not alarmed; when I first saw the man and boy struggling I returned to the parlour; five minutes elapsed before I saw the hut again, and then, from curiosity, I went directly to the hut, and saw Smith in the manner before described by me, lying on the ground weltering in his blood.

Elias Hibbs, sworn---I am a boatswain of the hulk; the prisoner at the bar, was a prisoner on board the hulk; I missed him on New Year's Eve; he was sentenced to Norfolk Island for 7 years; he got away from the hulk by lowering himself into the boat; the sentinel went and examined, and found the painter of the boat cut, and the boat gone; the next morning I found the boat at Milsom's Point; there were four oars in the boat when she was fast to the vessel; when she was found there was only one in her; witness could not swear to any of the clothes produced.

The prisoner made no defence, but called Mr. Weston as to his character, who gave him the character of being a very quiet man whilst in jail.

The jury after retiring for a few minutes, returned a verdict of guilty against the prisoner.

The Judge, in the most impressive manner, pronounced sentence of death on the prisoner, and sentenced him to be executed on Friday morning.

 

The Sydney Monitor, Saturday 14 February 1835

A Coroner's Inquest was held on Tuesday, on the body of Margaret Duors, who it appeared, fell overboard from the stern of a small vessel belonging to her husband, called the Mermaid.  Verdict---Accidentally drowned.

ACCOUNT OF THE APPREHENSION OF THOMAS WEATHERWICK.

Church Hill, February 13th; WILLIAM DOWNES.

The following prisoners were sentenced by Mr. JUSTICE BURTON:---

Elizabeth Jones, alias the Morning Star, of Liverpool, convicted of manslaughter, by stabbing a man named Mullins, on the 1st of December.  In pronouncing sentence the Judge remarked, that the prisoner had been guilty of an offence which ought to cause her to ask for pardon at the throne of mercy; she had sent a fellow creature to his last home in a fearful state; she and the deceased had been desecrating the Sabbath by a series of actions of a most disgraceful cast; which terminating in her stabbing the deceased to the heart; it had appeared in evidence, that she was a married woman, and had gone to the house where she slew him, in his company, for the express purpose of prostituting herself.  As there was no premeditation, the Jury had recommended her to mercy, her life had been spared in order to allow her time for repentance; the lowest sentence he could pass was, that she be transported for seven years.

Richard Baines, convicted of manslaughter, in killing William Kelly.  The Judge remarked, that liquor had been improperly given to the prisoners, which had led to the dismissal of a fellow creature from this world in an unprepared state.  There was a shade of difference between the crime of the prisoner and that of murder; and the Jury had given him the full benefit of that shade.---Transportation for life to a penal settlement.

FRIDAY, FEB. 13,---Before Mr. Justice DOWLING, and a Civil Jury.

William Phineas Bowles, was indicted for the wilful murder of his wife, by stabbing her with a knife, at Sydney, in November last.  The circumstances of the case as these.  Bowles, about twelve months since, married the deceased, who arrived in this Colony by the Bussorah Merchant; they had not been married long, when Bowles became jealous of his wife, and ill-used her.  She left him, and after a little time, got in the service of a respectable family, in Bathurst-street.  When Bowles discovered where she was, he borrowed a knife from a shoemaker, and was very particular in having it sharpened; he then went to the house where his wife was living, and discovered her cleaning the verandah; he leapt over the pallisading, and stabbed her with a knife, inflicting four wounds before any of the persons in the neighbourhood (several of whom saw the whole affair) could lay hold of him.  The unfortunate woman lingered a week in great pain, and expired.---Guilty.  Death.  Ordered for execution on Monday morning.

Before the CHIEF JUSTICE and a Military Jury.

Thomas Edwards, a sergeant, and John Slater, a private, both of the Mounted Police, were indicted for the murder of William M'Donald, near Bathurst, on the 25th January.  From the evidence it appeared, that Macdonald had been apprehended by Slater, on a warrant for cattle-stealing; on their way to the Police Station, they had to pass Kable's public-house, where the deceased called for a man named Green; Green went into Kable's and called for half-pint of rum, of which he gave Macdonald a glass; Slater also took part of a glass; sergeant Edwards came up, and the deceased offered him one; Edwards, who seemed to think Slater was acting improperly, took the glass from Macdonald, and threw it on the ground, breaking the glass and spilling the liquor; after which the prisoner Slater allowed Green to get a clean shirt for M'Donald and allowed him (Macdonald) to put it on; after this Macdonald refused to proceed on with Slater, when Edwards told him that he would make him, and he would handcuff him if he did not go quietly; the deceased still refused to go, when Edwards handcuffed him (Macdonald) to the stirrup of the horse on which Slater was riding; Macdonald layed down and refused to proceed further; Edwards told the prisoner Slater top go on, when the horse began to plunge and kick; the horse struck Macdonald, and threw his rider, and became quite unmanageable. It appeared in evidence that Macdonald said he would make the horse go quietly enough, as he would kick him if he did not; it was also proved, that Macdonald was in liquor; and Slater struck the horse with his right heel, (Macdonald being handcuffed to the left stirrup), but whether intentionally or not, did not appear; they had not proceeded many paces when the horse started, and began to plunge, threw Slater, and kicked Macdonald several times, started off at a gallop, of course dragging the unfortunate man with him; mangling him in such a dreadful manner, that he expired about quarter of an hour afterwards.  Several witnesses gave the prisoners good characters for humanity.  Lieut. Gordon, of the 17th stated that Slater had been selected from his company as the fittest man in it for steadiness and good conduct, to join the Mounted Police; and considered him a good, humane, and decidedly a sober man.

In summing up, His Honor the Chief Justice laid down the legal definition of murder, and also that of manslaughter, and pointed out the laws affecting each case.  He said he did so, with the intention that the Jury might take the definitions, and apply them to the case before them; he left it to the Jury to say, whether Edwards had handcuffed the deceased to the stirrup of the other prisoner's horse with a malicious intention, and also whether Slater had an intention of mischief when he struck his horse with his heel on the right side, or whether he did so at all.  If the deceased struck the horse, even if he had been the cause of his own death, still if it could be shewn that the prisoners had felonious intention in acting as they had done, they were criminals in the eye of the law.  The Jury found the prisoners---Not Guilty; and they were dismissed by proclamation.  Previous to their being discharged, His Honor the Chief Justice cautioned them against ever again handcuffing prisoners to their stirrups.  It was not to be allowed except on the most urgent necessity; every other means should first be tried; it was a method of securing a prisoner which the law would punish with the greatest severity if ever it should be found that it was employed by any person, when other means of securing a prisoner was in his power.---(The Commandant of the Mounted Police ought to take care that every man under his command, should be acquainted with the above very proper remark of the Chief Justice.  ED. SYD. MON.)

 

R v Edwards and Slater [1835] NSWSupC 8

 

THE AUSTRALIAN, Tuesday 17 February 1835

We gave in our last number an account headed "Mysterious Circumstance," of the unaccountable disappearance of a man of the name of Connor, on his journey from Sydney to the Stonequarry; circumstances have since transpired that call for further observations.

Connor, it appears was known to have a sum of money about him, and was last seen in company with three men, who are known bye the bye, and, we believe, now in custody, drinking at a public house on the road; the account given by his companion is, that they proceeded as far as the top of the Razor Back, when Connor was thrown, and they went into the bush in search of the horse; upon their return Connor was missing, and has never been seen since though Major Mitchell and others sent parties to search in all directions.

A body was subsequently found in the river near Hoare Town, a distance of at least 6 miles from Razor Back; a message was sent to Major Antill, informing him of that fact, but unfortunately that gentleman was unable to come to the spot till the next day; in the mean time, the native dogs, as it is supposed, attacked the body (which was before perfect, except the toes,) and stripped all the flesh from the skull, so as to render recognition impossible.  Major Antill directed the remains to be buried on the spot---a proceeding, which is, exceedingly reprehensible.

Though the deceased was thus unceremoniously huddled into the grave, without a shadow of a Coroner's Inquest, it is known from the teeth which were evidently those of a young man, that the body was not that of Connor, who was nearly 70 years of age; his fate is still a mystery, though there are suspicions abroad that he was murdered.

The three men stated that they drank a bottle of rum on the top of Razor Back; it was remarked by a gentleman who resides in that neighbourhood, that it was a very unlikely spot to pitch upon for that purpose, as there is no water anywhere in that vicinity.

It is a singular fact---for which it is nevertheless easy to account---that on the morning after Connor was missed or murdered, and long before any intimation to that effect was conveyed to that quarter, the daughter of the Innkeeper, from whose  house Connor took his last departure, recounted to her mother a dream she had had that night, to this effect---that Connor, in going over the Razor Back Hill, tumbled off his horse down a precipice, and was killed; this is actually a fact, and was communicated to us by a gentleman residing at Stonequarry, who knew it of his own knowledge and not from report; this, strange as it seems, may be accounted for from the knowledge possessed by the female of the state of intoxication in which Connor left the house, and of the precipitous nature of that part of his road; we only mention it, as one of those curious events which occasionally occur, forming a coincidence which the ignorant and the superstitious receive as a supernatural visitation.

 

R v Bowles [1835] NSWSupC 7

 

AUSTRALIAN, 17/02/1835

Before the Chief Justice and a military jury.

Thomas Edwards, a sergeant, and John Slater, a private of the mounted police, were tried for the murder of W. Macdonald, near Bathurst, on 25th January; it appeared that the deceased was in custody of the police, under a warrant granted upon a charge of cattle stealing---that he had been allowed to drink some spirits at Kable's public house in the settlement---that the policeman, Slater, then handcuffed him to his stirrup---that his horse after proceeding a short distance began to kick and plunge, dismounted the policeman and started off kicking at the deceased, who was shortly after found (the saddle having come off) shockingly mutilated, and quite dead.  It was proved that Macdonald was in liquor---that he had kicked the horse as he had threatened.

An excellent character was given to the prisoners, who were stated by Lieut. Gordon to have been selected from their good conduct, verdict---not guilty.

The Chief Justice observed upon the impropriety of handcuffing to the stirrup, and directed that the practice should be disused.  We have since been informed that orders have been given to that effect by the commander of the mounted police, Captain Williams.

 

THE AUSTRALIAN, Friday 20 February 1835

WINDSOR.---An inquest was held on the 16th instant, at the Windsor Hospital, on the body of William Barnes, who it appeared, had come to his death through a fall from a horse.  Verdict---"Accidentally killed."

Another inquest was holden on the 15th instant at the Red Lion public house, on the road to Richmond, on the body of Hannah Fitzgerald, who was found suspended to the roof of the house quite dead.  Verdict---"Found dead. "Extract from Herald.  See a letter in another column.  ED. AUSTRALIAN.

Michael M'Carty was committed to Sydney Gaol on Wednesday last, under warrant of Mr. Liscombe, Coroner at Bathurst, charged with the wilful murder of Duncan Kennedy, a constable.

Original Correspondence.

To the Editor of THE AUSTRALIAN.

SIR,

I beg to request you will, for public information, insert the following Inquest and remarks:---

On Sunday, the 15th instant, an Inquest was holden on the body of Hannah Fitzgerald, a resident near Windsor, who was found dead, as hereafter described, but the Jury not having sufficient evidence before them to shew how the deceased came by her death, gave the subsequent verdict.---

"That the said Hannah Fitzgerald, on the forenoon of Sunday, the 15th day of February, at Supton Cottage, near Windsor, was found suspended by a rope to a part of the roof of the said cottage, but the Jurors have no evidence by what means the said Hannah Fitzgerald became so suspended."

Yesterday the deceased was interred with Christian Rites, by the Rev. Mr. Stiles, of the Established Church, and in the performance of the obsequies was pleased to say, the deceased was not entitled to Christian burial, and wished to be clearly understood, that the Jury returned an improper verdict:---If so, why did he give the body Christian burial, when both Common and Canon  law forbid it?

With what degree of propriety could the Rev. Gentleman say that the body should be denied Christian interment, when there was no evidence to show that she had committed suicide?  And why express himself in such a manner, on so solemn an occasion?  Such an expression was setting himself (or at least his dognatical opinion,) in open defiance to the well-considered and mature conclusion of twelve reasonable men's research.  [continues.] W. H. G. Windsor, Feb. 17, 1835.

 

The Sydney Monitor, Wednesday 25 February 1835

A Coroner's Inquest was held on Sunday at the Plough Inn Parramatta Road, on the body of a plasterer named James Tynan.  From the evidence of Mr. Ireland and one of his servants, it appeared that about two o'clock on Saturday the deceased was seen very drunk, and after applying for liquor which was refused him, he (the deceased) turned into a paddock adjoining the house, and after reeling about some time, he fell down and about two hours afterwards it was discovered that he was dead.  Dr. Steward certified, that the deceased came to his death through excessive drinking.  Verdict.---Died by apoplexy caused by excessive intoxication and exposure to a hot sun.

Another Inquest was held on Monday at the Benevolent Asylum, on the body of an inmate named Robert Holmes, who it appeared had been attacked by the fits the night before, which lasted until about ten o'clock, when he expired.  Dr. Prithill the Assistant Surgeon of the institution certified, that the deceased came to his death from the extravasation of blood on the brain.  Verdict. Died by Apoplexy.

A carpenter and a cooper named Thompson and Myers, were at the punt which crosses from Green Hills to Patterson's River a few days since, when Thompson shot Myers dead; he has been committed to take his trial for murder on the Coroner's warrant.  We have not heard any further particulars.

 

The Sydney Monitor, Saturday 28 February 1835

A Coroner's Inquest was held on Tuesday last, at the Lamb, Liverpool street, on the body of an elderly man named Baxter.  It appeared that the deceased had been unwell for some time, and that on Tuesday morning he was visited with a violent fit of coughing, accompanied by spitting of blood, during which he expired.  Dr. Stewart examined the body, and certified that the deceased's lungs were much diseased.  Verdict, died by the visitation of Divine Providence.

A Coroner's Inquest was held on Tuesday last, at Kemp's Newcastle Inn, Newcastle, on the body of William Radbone, a private soldier of His Majesty's 4th regiment, belonging to the detachment stationed at that place, who on the previous day had shot himself with his own musket.  No cause could be assigned for the rash act, but the deceased had been labouring under depression of spirits for some time.  The Jury, which was composed of an equal number of Military and Civilians, returned a verdict, that the deceased shot himself in a temporary fit of derangement.

EXTRACTS FROM THE GAZETTE.

On Thursday night, the carpenter of the ship Anastatia, fell out of an up stairs window at the Quarryman's Arms, Fort-street, while in a state of intoxication, and was killed on the spot.

 

THE AUSTRALIAN, Friday 27 February 1835

Domestic Intelligence.

The Herald gives a different account, as coming from a "Correspondent"---we have no means of ascertaining which is the correct one, but insert both:---

(From a Correspondent.)

"A man was shot at the punt at the junction of the Paterson and Hunter's River, on Thursday night last, under the following circumstances:--- Thomson, an old constable, and formerly puntman there, was made night watchman at Mr. Tucker's store, which had been robbed twice lately.  He and two other men had something to drink at night---that done, they were joined by a fourth, when Thomson walked away.  This last said, "can't we have something to drink?  I'll have some 'ere long," and made towards the store; he was ordered back, when he refused, although threatened to be shot at, and at length rushed past Thomson, who fired and shot him dead.  An inquest was  to be held on the body this evening."

MELANCHOLY OCCURRENCE.

On Friday last the inhabitants of Windsor were thrown into a state of mental excitation in consequence of a fire breaking out on the premises of Mr. Daniel Dickens, occasioned by a quantity of spirits being ignited by a candle, while two of Mr. D.'s children were in the act of drawing spirits from a puncheon, which suddenly exploded; the children became enveloped in flames, and were so dreadfully burnt, that death ensued to both, after suffering the most excrutiating torment for twelve hours.  Mr. D. in endeavouring to extricate them, as well as another person, whose humanity overcame his prudence, from the flames, had their hands so dreadfully scorched, that most probably they will lose the use of some of their fingers.  An Inquest was convened---verdict, accidental death. The father, from the shock he must have sustained, is unable to leave his bed.  The funeral yesterday was most numerous and respectably attended, every body seeming to sympathise with the unfortunate family.

A deliberate murder was committed a few days ago at the Green-hills, Maitland; two mechanics, named Thomson and Myers, were crossing the punt from Green-hills to Patterson's River, when Thompson shot Myers dead on the spot with a musquet; Thompson was taken immediately into custody and committed to take his trial.

 

THE AUSTRALIAN, Tuesday 3 March 1835

On Friday morning, a sailor, who was too much implicated in liquor to be trusted to his own management, frustrated the good intentions of his host (who had kindly shut him up in a room to sleep himself sober), by letting himself gently down from the window, a height of about thirty feet.  The result might be expected; he was killed on the spot, and his under jaw nearly severed from his head.  It is said that ten gallons extra of rum were drank on the spot by those who congregated to moralize on the sad effects of intoxication.

 

The Sydney Monitor, Saturday 7 March 1835

TO THE EDITOR OF THE SYDNEY MONITOR.

Sydney, March 6th, 1835.

   SIR,

I beg through the medium of your widely extended journal, to contradict an erroneous report of a Coroner's Inquest held on the body of John Barron, on the 3rd instant, appearing in The Sydney Gazette, of Thursday. It there states that the Mother (whilst walking in the road in a state of drunkenness, let the child fall out of her arms and in  stooping to pick it up, fell with her knee upon its left temple.  Now Sir, this is totally false; she was not in the road, she did not let the child fall, neither did its temple receive the injury from her knee. [Continues, criticizing the Gazette reporter.]

RICHARD BARRON, Father of the deceased Child.

A Coroner's inquest was held on Monday, on the body of a boatman belonging to Mr. Anderson, named Simpson, who was washed on shore at Goat Island.  It appeared, that Simpson was on his way to Sydney with a boat load of timber, when the boat was struck by the swell and went down.  Accidentally drowned.  We have often noticed boats coming to the Market Wharf loaded with wood so deeply, that in case the wind rises as they cross Cockle Bay, an accident is almost unavoidable.

Another inquest was held at the Red Lion, Castlereagh-street, on Tuesday, on the body of an infant, aged ten months.  It appeared, that the mother of the child, while in a state of intoxication the previous day, dropped the child, and fractured the skull so badly, that a few hours afterwards the child expired.  Verdict---Accidental Death. [??]

A Coroner's Inquest was held on Monday at the Printer's Arms, Kent street, on the body of Hannah Gudman.  Verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 13 March 1835

On Tuesday last, a wild bullock which had been some time at large, unowned by any person, on the South Head Road, came to town with a herd of cows, and attacked every person within reach of him; we regret to state, that he gored a poor child in Elizabeth-street with such violence, that his horn entered below the ear, and came out at the top of his head; of course the child died immediately;  ...

 

The Sydney Monitor, Saturday 14 March 1835

An Inquest was held on Tuesday at Newcastle on the body of Richard Thorn, an emigrant servant to Mr. Bowden, who, it appeared, was drowned while proceeding in a boat belonging to Mr. B. from Newcastle to Reid's Mistake, in consequence of a southerly gale coming on, which upset the boat.  Verdict---accidentally drowned.

 

 

 

The Sydney Monitor, Wednesday 18 March 1835

Yesterday afternoon, an Inquest was held on the body of Martha Wild, at the house of Henry Abrahams, corner of Elizabeth and King Streets.  From the evidence it appeared, that the deceased was a free woman, aged 25; that she procured three ounces of laudanum from Mr. Surgeon Neilson, which she took, after drinking a small portion of brandy.  Dr. Hosking applied the stomach pump, without effect, and consequently the unfortunate woman expired in a few hours.  Verdict---Died from the effect of taking laudanum while under a temporary fit of insanity. It has been reported that the young woman, who had not been long in the Colony, was induced to commit the rash act, in consequence of having formed an attachment for a young man, who proved to be married.

 

THE AUSTRALIAN, Friday 20 March 1835

An Inquest was held on Tuesday last at the corner of Elizabeth and King-streets, on the body of Martha Wild, who poisoned herself by drinking three ounces of laudanum the day previous.  As soon as it was discovered, Dr. Hosking applied the stomach pump, but without effect.  Verdict, died from laudanum taken  while labouring under temporary insanity.  The cause is stated to have been a quarrel with some male acquaintance with whom she was connected.  She was one of the late arrivals by the Layton, and had unfortunately given herself up to a vicious course of life since her arrival.  [See also letter from D.J. re sale of laudanum by druggists.]

 

The Sydney Monitor, Saturday 21 March 1835

A few days since, Mr. Brenan (coroner) received information of the sudden death of a person, and made the necessary enquiry; but finding the deceased had, for some time, been under the care of Dr. Smith, procured from Dr. S. a certificate of the facts, and declined holding an inquest.

 

The Sydney Monitor, Wednesday 25 March 1835

Extracts from the HERALD.

MURDER.

A prisoner of the Crown, belonging to the Appin-road party, was cruelly murdered on Saint Patrick's Night, by a party of Irishmen.  It appears, that the deceased man, [John Dixon] accompanied by one of his companions, was at a public-house on the Appin road, drinking, and fell into conversation with a man named Macnamarra and some others.  A quarrel ensued upon the subject of countries, and the party of Irishmen, consisting of about seven persons, fell upon the two men from the road gang.  One man made his escape to his gang and the other, in attempting to do so, was followed and beaten in a most dreadful manner with bludgeons; the next morning he was taken to Liverpool Hospital and died immediately.  The deceased man's skull was fractured in several places, and his body covered with bruises.  Two thick pannel rails were found near the unfortunate man broken in two, and covered with blood.  An inquest was held on the body by Mr. Hayward, and a verdict of Wilful Murder returned against the parties.  Macnamarra has been committed for the murder, and four others as accomplices; and the constables are in search of another man connected in the same transaction.

A very old settler of the name of Edmund Wright, who has considerable property at Bargo, was found dead on the road near Appin, on Friday last, and is supposed to have been murdered.  The Coroner, Mr. Hayward, started on Saturday last to hold an inquest on the body.

A woman named Sarah Richards, who has been forty-five years in the Colony, and is sixty-six years of age, is in the gaol under a warrant from the Windsor Coroner, charged with the murder of her husband.

 

THE AUSTRALIAN, Friday 27 March 1835

A soldier belonging to the 4th Regt. was accidentally thrown from a cart on Monday last, while proceeding down Lipstone Hill, and was killed on the spot.  A Coroner's Inquest was held on the body on the following day, and a verdict of "Accidental death" was returned.

A man was found shot dead at the door of a settler's house in this district, named Daw, on the 17th instant, whose servant he had been.  Daw acknowledged having shot him, and an Inquest having been held on the following day, a verdict of manslaughter was returned, and Daw committed.

 

The Sydney Monitor, Saturday 28 March 1835

PENRITH.---Let the Government and the public read the following account, and after doing so, can there be any doubt of the necessity of a Police magistrate being appointed for the district:---A man was found shot dead at the door of a settler's house in this district (named Daw) whose servant the man had been on the 17th instant.  Daw acknowledged having shot him, and an inquest having been held on the following day, a verdict of manslaughter was returned, and Daw committed. ....... [See also THE AUSTRALIAN, Friday 27 March.]

 

THE AUSTRALIAN, Friday 3 April 1835

A young man of the name of Ellis, a settler in Argyle, was shot dead some little time ago by a stockman of Lieutenant Johnstone's, while entering his hut, with what he supposed to be a design upon his wife; his companion instantly shot the stockman, and wounded him severely in the face.  Both parties are in custody.

A native of the Colony, named Samuel Collens, has been committed to take his trial before the Supreme Court, charged with the wilful murder of the late Mr. Hillas, of Gunderoo.

On Wednesday night, John Gray, the cook of the Bryant, charged with stealing porter, whilst in a cell awaiting his examination, mounted himself upon a tub, attached his neckerchief to the iron gratings of the cell, and was found yesterday by the constable who visited his cell, hanging,---he was quite dead.

 

The Sydney Monitor, Saturday 4 April 1835

A Coroner's Inquest was held on Sunday, at the Lamb, Liverpool-street, on the body of a free man, named Jeremiah Hartnett, who is appears had died during the preceding night, in consequence of having taken an inordinate quantity of ardent spirits.  Verdict---Died by the visitation of God.

Another Inquest was held on Tuesday, at the Governor Bourke, Market-street, on the body of a New Zealander, named John Terry, employed at the Albion Mills.  Verdict---Died by the visitation of God.

Another Inquest was held on Wednesday, at Pither's Farm, Ten Tree Creek, on the body of a free man employed by Mr. Pither, named James Allen, who had suddenly expired on the previous day.  Verdict---Died by the visitation of God.

Another inquest was held at Borton's London Tavern, George-street, on the body of a free man named John Gray.  From the evidence, it appeared, that the deceased was in the service of Mr. Bryant, George-street, that on the twenty-eighth of March, he was apprehended on a charge of drunkenness, and was fined five shillings for that offence, by the Police Magistrate.  While in custody on this charge, Mr. Bryant discovered that he (Gray) had been guilty of pilfering, and went to the Police Office and gave information, on which Maloy, conductor of Police, apprehended Gray about three o'clock on Wednesday afternoon, when he was committed in No. 5 receiving watch-house; before four o'clock, Henry Smith the keeper of the watch-house, gave the deceased a blanket, a quart of water, and a night tub, and locked him up in one of the cells.  About nine o'clock on Thursday morning when conductor Orr took charge, he proceeded to examine the cells, and on opening that in which Gray was confined, he found him suspended by his handkerchief from a beam over the door of his cell; when found, the body was quite cold.  Mr. Stewart, Surgeon, examined the body and gave a certificate, that death had been occasioned by strangulation, and the Jury accordingly found a verdict to the same effect.  After the verdict had been returned, several of the Jurors expressed their surprise, that there was no regulation for inspecting the cells from sun set till nine o'clock in the morning.  It is customary we understand in England to inspect all the cells in the watchhouses, at least every two hours, which certainly ought to be done here.

 

THE AUSTRALIAN, Tuesday 7 April 1835

We regret to learn that Captain Blackwood's coxswain who was badly injured by the explosion of Captain Westmacott's powder-flask, while striking a light, during the Governor's Tour, has since died from the effects. ["perfectly recovered" - see THE AUSTRALIAN, Friday 1 May 1835.]

Letter from John Proctor, Chief Constable of Penrith, concerning events in the Daw manslaughter case.

 

THE AUSTRALIAN, Friday 10 April 1835

A young man of the name of Dawson cut himself so severely with an adze on Sunday, that he is in the greatest danger.  It was considered necessary to amputate the limb, but this was refused by the sufferer.  He is in a very dangerous state still.

 

The Sydney Monitor, Saturday 11 April 1835

An inquest was held on Thursday at the "Lemon Tree" Public-house, Phillip-street, on the body of John Evans, age 7 years, who came to his death by the goreing of a wild bullock on the head, the verdict returned as such.

 

THE AUSTRALIAN, Tuesday 14 April 1835

On Thursday last an Inquest was held at the "Lemon Tree," on the body of a boy named [John] Evans, who was killed the day before by a wild bullock.  Verdict---accidental death.

 

The Sydney Monitor, Wednesday 15 April 1835

A Coroner's Inquest was held on Monday, at the Roebuck, Surry Hills, on the body of an elderly man named William Ogle, who suddenly expired while eating an egg, the previous afternoon. It appeared that Ogle had been unwell for some time, and the Jury returned a verdict of---died by the visitation of God.

 

THE  AUSTRALIAN, Friday 17 April 1835

A Coroner's Inquest was held on Monday on the Surry Hills, on the body of a man named Ogle, who died suddenly by eating an egg.  Died by the visitation of God.

We regret to state that the unfortunate young man Scott, who was  some time since walking about Sydney labouring  under an aberration of mind, was found drowned at Hunter's River a few days since.

 

The Sydney Monitor, Saturday 18 April 1835

A Coroner's Inquest was held yesterday at the Quarrymen's Arms, Argyle-street, on the body of Robert Jelf, acting as wharfinger to Messrs. Aspinal & Brown.  Cornelius Dunn, residing in Argyle street deposed, that the deceased lodged in his house, and had been complaining for some time, particularly for the last eight or ten days, that on Wednesday evening about seven o'clock the deceased came into his tea, and drank one cup, after which he went to the sofa, and rested his head on his hands; he (deceased) heaved two sighs and expired; a surgeon was instantly sent for, who attempted to bleed him, but without effect.  Dr. Nicholson stated to the Jury, that about a month since he was called on to attend the deceased, whom he found to be then labouring under dysentery; he appeared to have recovered.  On the evening of Wednesday, he was called and found that vitality was extinct; it was his opinion, that death had been occasioned by the rupture of some blood vessel in immediate communication with the heart.  He then made a post mortem examination of the body, and discovered a large rupture of the aneurism of the aorta, which, when it took place, had caused instant death.  The membrane had a morbid appearance, and had been gradually weakened by disease.  There did not appear to have been any external violence employed.  Verdict---Died by the visitation of God.   Mr. Jelf held a responsible position in the service of THE AUSTRALIAN Agricultural Company for some years, where we understand, he was much respected.

 

THE AUSTRALIAN, Tuesday 21 April 1835

DEATH.

At Invermein, on the 14th inst. the lady of Francis Little, Esq., after giving birth to a son.

The head of a New Zealander was found in a heap of ashes in Bligh-street, on Tuesday, and caused much consternation until the truth was ascertained.

An inquest was held on Sun day, on the body of Phoebe Hanks, who died suddenly that morning.  "Died by the visitation of God."

 

 

The Sydney Monitor, Wednesday 22 April 1835

An inquest was held at the Crispian Arms, Castlereagh-street, on Sunday forenoon, on the body of Phoebe Hanks, aged thirty years.  From the certificate of Dr. Wallace it appeared, that the deceased had come to her death by apoplexy.---Died by the visitation of God.

 

The Sydney Monitor, Saturday 25 April 1835

MURDER.---The body of James Hamilton, late constable in the Domain, formerly in the Parramatta police, was found yesterday morning near ten o'clock, about half a mile from the Race-Course.  The body was stripped of every article of clothing except the stockings.  The neck exhibited marks of apparently a violent blow, or grip.  The lower part of the belly had two dreadful cuts, about nine inches long, apparently made with a clasp knife.  The deceased was seen on Thursday night after sun-set, in a state of intoxication, in company with a tall man who had no jacket on.  A few minutes after eight, Conductor Christie was patrolling the road, received information that an assigned servant of Mr. Willoughby Dowling, was absent without leave, named Patrick Kilpatrick [Kilmartin], and upon his (Christie's) going to the Royal Admiral tent kept by a person named Abraham Davis, he saw Kilpatrick there; he took him in to custody, and after examining his clothing, found that he had on two pair of trowsers, two shirts, &c.; upon which he charged him with having committed a robbery, and lodged him at the Police Office, where he found that the hat the prisoner was wearing had Hamilton's name in it.  Mrs. Hamilton has since identified the whole of the clothes, as being those of her husband, whose body was found as above described.  An Inquest will be held this morning.

Yesterday, an elderly man named Charles Barnes, in the employ of Messrs. Clewit and Patten, stonemasons, Pitt-street, died suddenly, owing as is supposed to the bursting of an old rupture of a blood vessel in the leg.  An inquest will be held this morning.

 

The Sydney Monitor, Wednesday 29 April 1835

A Coroner's Inquest was held on Saturday, at the Roebuck, Surry Hills, on the body of James Hamilton, who was murdered near the Race Course, on Thursday evening.  The circumstances sworn to before the Jury were similar to those stated in our last, namely, that deceased and Patrick Kilmartin, an assigned servant to Mr. W. Dowling, were seen drinking together in a tent at the Races at seven o'clock on Thursday evening; and that Kilmartin was apprehended by wardsman Christie in another tent at a different part of the Course, nearer the scene of the murder, at ten minutes past eight the same evening; he had on Hamilton's jacket and waistcoat, and in a bundle he had the remainder of the deceased's clothes.  The next morning the body of Hamilton was discovered most barbarously murdered. The prisoner seemed very composed, and stated, 'that he, in company with another man, whose name he did not know, found the clothes near the bridge.' A table knife with a round point, and smooth horn handle, and a large bright rivet at the end of it, was found near the body on Saturday morning.  As it is most likely that this is the knife with which the execrable deed was committed, any person who had similar knives at the races, might, perhaps, assist in furthering the ends of justice by coming forward and owning it.  The Jury without any hesitation, returned a verdict of Wilful Murder against Patrick Kilmartin, and he was accordingly committed on the Coroner's warrant.

Another Inquest was held the same day, at the Lamb, Liverpool-street, on the body of an elderly man named William Barnes, in the employ of Mr. Clewitt, stonemason, Pitt-street, who expired suddenly the previous day, through the rupture of a blood-vessel.  Verdict---Died by the visitation of God.

Another inquest was held on Monday evening, at the Rum Puncheon, King's Wharf, on the body of a native of Wallis' Island, named Nelson. [?]   The deceased was a seaman on board the Proteus, and had been in a debilitated state for some time.  Verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 1 May 1835

A Coroner's Inquest was held on Monday evening, at the Rum Puncheon, King's Wharf, on the body of a native of Wallis' Island, named nelson.  The deceased was a seaman on board the Proteus, and had been in a debilitated state for some time. Verdict---Died by the Visitation of God.

The name of the supposed murderer of the constable Hamilton is Kilpatrick, and not Kilmartin as previously stated.

 

THE AUSTRALIAN, Tuesday 5 May 1835

An old man, who is at present a patient in the Liverpool Hospital, confessed to the Rev. J. J. Therry that he had been witness of a murder at Stonequarry.  Mr. Therry immediately laid the case before the authorities in Sydney, from whom an order was  sent to the bench of Magistrates to examine into the case.  On Monday, the Magistrates visited the hospital and took the man's deposition.  Warrants have been issued for the apprehension of the culprits who belong to the road party stationed near to that place---the overseer of which was an accomplice in the commission of the crime.

Law Intelligence.

SUPREME COURT.---CRIMINAL SIDE.

FRIDAY.---Before His Honor Mr. Justice Dowling and a Jury of Inhabitants.

John M'Carthy stood indicted for the wilful murder of Duncan Kennedy.  It appeared that the deceased was a constable, and had gone in search of the prisoner, who was a runaway convict from the estate of Thomas Icely, Esq,; and had fallen in with him, when the prisoner refused to surrender himself; the prisoner had a musket in his hand, and on the approach of the deceased, struck him on the left temple with the butt end of it, which fractured his skull in a dreadful manner, and caused almost instantaneous death.  The prisoner afterwards gave himself up.  The Jury after hearing the evidence, found him Guilty of the Wilful Murder of the deceased, and sentence of Death was passed on him accordingly; to be carried into execution on Monday morning (yesterday).

John M'Namara, Benjamin M'Namara, Cornelius M'Carthy, Henry Evans, and John Huxley, stood indicted for the wilful murder of John Dixon, at Appin, on the 17th March last.---The parties had met at a public-house and drank until evening, when in a state of absolute intoxication they left the house together; on their way towards their respective residences they quarrelled with the deceased, and one of them broke a paling  from a  fence, which was used in the affray, the result of which was, the death of the deceased.  There was no evidence adduced which could fix the fact of the fatal blow on any of the prisoners, and the Court therefore directed the Jury to acquit them.  The Jury returned a verdict of Not Guilty accordingly.

John Dorr [Daw] stood indicted for the wilful murder of James Brazel, by shooting him with a pistol at Penrith on the 17th March last.  It appeared that the prisoner was a settler at Penrith, and the deceased was a hired servant in his employ; on the day laid in the indictment a neighbour called upon the prisoner, and on arriving at the house, saw the deceased on the ground before the door; the report of a pistol had been heard a short time previously; on being interrogated as to the cause of the dreadful occurrence, (the prisoner) said he was not to be abused in his own house; a pistol was lying on the table, with which he had shot the deceased.  The prisoner said that deceased had assaulted him with a pitchfork, and he was obliged to shoot him in his own defence; on a third occasion he said that he had been about to shoot a dog, when the deceased unfortunately went in the way.  Several witnesses were brought forward, who gave the prisoner an excellent character for honesty, industry, and general mildness of temper when in liquor, which but seldom took place; the deceased had been in his service for some time, and the prisoner always testified the warmest regard from him, treating him at all times like a brother, before the unfortunate event in question.  The deceased was of a very irritable temper, but of excellent character.  The Jury found the prisoner, Guilty of Manslaughter, but recommended him to mercy in consideration of his previous good character, mildness of disposition, and humanity.  The prisoner had been personally known to Mr. Joshua Holt, of George-street, for upwards of twenty years.  The Attorney General prayed the judgment of the court.

Mr. Therry, on behalf of the prisoner, prayed that judgment be deferred, a material witness as to character, not being in attendance; that person was Sir John Jamison, who had been acquainted with the prisoner, who resided near him for a number of years.

The Attorney General said that Sir John was in town, and might have been produced.

His honor briefly addressed the prisoner on the circumstances of the case, and sentenced him to be imprisoned in the gaol at Windsor for six calendar months.

Before his honor, Judge Burton, and a military jury.

Thomas Cherry stood indicted for the wilful murder of John Howe, by stabbing him with a knife, at Mandorema, on the 20th January last.  It appeared that the deceased was an assigned servant to Thomas Icely, Esq. employed in the capacity of overseer; the prisoner was also an assigned  servant.  On the day laid in the indictment, the deceased took three bottles of rum to his shoemaker's hut, which were drank, as also two bottles more; as the last bottle was finished, the prisoner and a fellow servant named Foxcraft, passed the hut where the men had been drinking; when the deceased called Foxcraft in, and gave him a glass of spirits; the prisoner went in, but deceased told him he was too late, as it was all gone; the prisoner and deceased had some words together; a boy named M'Intyre, assigned to Mr. Rodd, who had stopped at Mr. Icely's estate, on his way home, and had joined the drinking party, was discovered to have fallen into a pond near the hut, and was dragged out apparently lifeless and carried to the shoemaker's hut; the prisoner assisted in carrying the boy, and on going to the hut where he was to be laid, found the deceased and another man lying drunk on the ground obstructing their passage; the prisoner lifted one man out of the way and was about to lift the deceased, when he became irritable and refused to move from where he lay; the prisoner kicked him in the leg, when the deceased got up and struck him, and a scuffle commenced; the combatants fell on the floor and struggled together a few seconds, when they again got up, and the prisoner went away; after he was gone, the boy, Bernard Simpson, observed some blood on the shirt of the deceased, and made some observations about it; deceased said "two men cannot be fighting without shewing some blood," and seemed to pay no attention to it; the boy seeing the blood increase rapidly, called the shoemaker, and said he feared Howe had been seriously hurt; the shoemaker went to him, and wished to lift up his shirt, to ascertain the nature of the injury, when the deceased said, "O Bill, O Bill, I am a dead man !" On lifting up his shirt, a wound was discovered on the left side, from which the blood flowed, and another assigned servant named Robinson, coming up at the time, the shoemaker sent him for a needle and silk for the purpose of sewing it up; shortly after Howe expired.

Mr. Hawthorn, surgeon, deposed that he found a wound of about two inches in breadth, [parallel??] with the upper edge of the seventh rib, which had penetrated through the left lung, and slightly entered the heart; the wound narrowed towards the extremity, and was such a wound as would be inflicted with a shoemaker's knife; the cavity of the chest was filled with blood.  The jury found him guilty of manslaughter, and sentence of transportation for life was passed upon him.

 

R v Ball and Pearson [1835] NSWSupC 38

 

THE AUSTRALIAN, Friday 8 May 1835

A hatter named Brewer, residing in Pitt-street, dropped down dead suddenly on Wednesday morning; he had left a wife and family.

A young man, formerly cook to the Governor, a Frenchman named Victor Berland, died on Thursday last, in consequence of being knocked by the boom out of one of the Hawkesbury boats; he was picked up alive, but died soon after; the weather was stormy, and he had been before warned of his danger.

EXECUTION.

On Monday morning Michael M'Carty, who had been convicted of the wilful murder of Duncan Kennedy, suffered the extreme penalty of the law. ...

 

R v Kilmartin [1835] NSWSupC 40

 

THE AUSTRALIAN, Tuesday 12 May 1835

Sarah Richard stood indicted for the murder of her husband.  Verdict---Guilty of Manslaughter.  Transportation for life to a penal settlement.

 

The Sydney Monitor, Saturday 16 May 1835

A Coroner's Inquest was held on Sunday, at the Waggon and Horses, Castlereagh-street, on the body of Sarah Ann MacGuinnis.  Verdict---Died by the visitation of God.

Another Inquest was held the same day, at the Rum Puncheon, King's Wharf, on the body of a native of the South Sea Islands, who, it appeared, had been long labouring under illness.  Verdict---died by the visitation of God.

Another Inquest was held on Monday, at the Plough Inn, Parramatta Road, on the body of Samuel Howell, who, it appeared, died suddenly, whilst eating his dinner, the previous day.  Verdict---died by the visitation of God.

Another Inquest was held on Tuesday, at the Whalers' Arms, Windmill-street, on a seaman named Alexander, belonging to the ship ---- ----, whose body was found in the morning, lying on the North Shore.  It appeared, that the deceased fell overboard while passing from the shore to his ship.  Verdict---accidental death.

Another Inquest was held on Tuesday, on board the Sir William Wallace, on the body of a New Zealander belonging to that ship, who had expired the previous day.  Verdict---died by the visitation of God.

Another Inquest was held yesterday, at the Crispin, in Clarence-street, on the body of an elderly female named Sarah Auins [Ewin??], who came to her death under the following circumstances. On Thursday afternoon, the deceased returned to her husband's house in a state of intoxication and endeavoured to enter, the husband prevented her and shut the door; she then went round to the back window and endeavoured to get in, when her husband shoved her back again.  A few feet from the window there was a well, out of which a man had been drawing water, and left it uncovered. From the violence of the blow, the deceased staggered back until she fell down the well, and before assistance could be procured, she was dead.  The Jury returned a verdict of---manslaughter, under very mitigated circumstances.

 

THE AUSTRALIAN, Tuesday 19 May 1835

A Coroner's Inquest was held on Tuesday last, on the body of a sailor found drowned on the beach of the North Shore; it appeared that he had fallen overboard after dark unknown to the rest of the crew.

A Coroner's Inquest was held on Friday last, on the body of a female who had been drowned the previous day in a well at the back of a house in Clarence street: it appeared that the deceased had come home drunk in the evening, and was endeavouring to get into the back window of the house in question, when her husband, who was in a state of great irritation, prevented her, and shoved her away: unfortunately she fell backwards into the well which had been left open, and though almost immediately taken out, was drowned: the jury returned a verdict of Manslaughter against Edward Ewin the husband.

 

THE AUSTRALIAN, Friday 22 May 1835

We regret to state that news came down by the Steamer, of the murder of five men in the employment of Mr. Mackenzie, at his outstation beyond Port Stephens, by the natives; we have not heard the particulars, but Mr. M'Kenzie has been obliged to go up in consequence.

 

The Sydney Monitor, Saturday 23 May 1835

A Coroner's Inquest was held at the Albion Inn, Sussex-street, on Wednesday morning, on the body of a New Zealander, in the employ of Messrs. Hughes and Hosking, named Sachimity, who had expired the previous day.  As it appeared that the deceased had laboured under illness for some time, the Jury returned a verdict of---died by the visitation of God.

 

THE AUSTRALIAN, Tuesday 9 June 1835

A man was yesterday brought to the gaol charged with the murder of a free woman named Catherine Riley, at the junction of the Hawkesbury with Broken Bay Inlet, by knocking her down, stamping upon and beating her.

 

The Sydney Monitor, Saturday 20 June 1835

MORE BRAVERY.---BUSHRANGER SHOT.

The seven men who absconded from the Ironed Gang, near Appin, on Tuesday last, on Thursday evening paid a visit to Canterbury, the Estate of Robert Campbell, Esq., M.C. It appears that about six o'clock in the evening, seven men came to the cottage occupied by Mr. John Thorn, on the road-side, and immediately went to the work of plunder.  A blanket was torn in pieces with which Thorn was tied hand and foot, and laid on the floor; the Bushrangers then took all the wearing apparel they could find, which they tied up in a counterpane, broke open the provisions store and helped themselves to flour, tea, sugar, and every thing they could manage to carry.  The leader of the band then possessed himself of $(Pounds)8 12. 6d in cash, Mr. T's bunch of keys, penknife, &c., when they took their departure into the bush, leaving the superintendent Mr. T. on the ground tried, who set to work to extricate himself, which he had done but a few minutes when he heard them on the return, the chief of the party advancing, exclaiming "I'll go and finish that b----r." Most fortunately a fowling piece lay behind a door, and was unperceived by any of the gang, which piece Mr. T. got into his hands and went to the cottage door where he saw the leader coming towards him, who sung out "you h------r I'll do for you."  "Will you by G-d" was the reply, when Mr. T. fired and killed the man dead on the spot.  Singular to relate, the piece was loaded with small shot, No. 3, some of which entered the heart.  On searching the dead man, the cash $(Pounds)8 12. 6 and other things taken from Mr. T. were found in the pocket.  The piece was again loaded, and much to the praise of Mr. T. he pursued the other six men, who fled and left their plunder in the bush, the greater part of which has been recovered.  They were afterwards tracked towards Mr. Prout's residence as far as the river-side, when it is supposed the coldness of the night prevented them crossing the river, and perhaps having in mind, that they would meet numbers there greater than they would like to com bat.  It appears that Mr. P. had a narrow escape himself as he heard their voices as he proceeded home, having left Mr. Thorn in the bush, a little distance from the cottage but a few minutes before the robbery commenced.  We trust such conduct as has been displayed by Mr. Thorn will be rewarded by the Governor.  A Coroner's Inquest was held yesterday, when a verdict of justifiable homicide was returned.  The dead man has on the Iron Gang clothing, with grey clothing over, being doubly clad.

 

THE AUSTRALIAN, Tuesday 23 June 1835

On Thursday night last, seven men, runaways, from an iron gang at Emu, attacked Mr. Campbell's place, Canterbury; they entered the hut, bound the overseer with ropes of blanket, robbed the place of everything, and left it; a few minutes after, one of them came back with the intention if finishing their prisoner, who had by this time extricated and armed himself with a musket; upon the approach of the robber he shot him dead, and the other six men ran away.  We are happy to hear, that four of the above runaways have since been taken by one mounted policeman on the Parramatta Road.

 

The Sydney Monitor, Wednesday 1 July 1835

Mr. A. B. Spark having discovered that a system of pilfering had been carried on in his stores, determined (with the advice of the police magistrates) to lay a plan for the purpose of entrapping the thieves.  Accordingly, last night, constable Proctor, being well armed, was placed in Mr. S's store.  He had not been there long, when he saw one of Mr. Spark's assigned servants, named Shipton, enter the store and commence opening a bale of goods; Proctor instantly laid hold of him, when Shipton, who is a very strong man, closed with Proctor, and so far overpowered him as to force him backward on the ground; when Proctor pulled the trigger and shot Shipton in the abdomen.  Proctor then observed that two more of Mr. S's assigned servants were near the door, both of whom he took in to custody.  Surgical aid was procured for Shipton, who presented a dreadful spectacle, and he was afterwards conveyed to the hospital in a very dangerous state.

 

THE AUSTRALIAN, Friday 3 July 1835

On Tuesday last, a man named John Lane, a stonemason, who met his death on Saturday last, by falling over the quarries in Cockle Bay, was interred with masonic honours, he being a member of that fraternity; the ceremony was very imposing, a great number of brethren being in attendance.

Mr. A. B. Spark having discovered that his stores had been robbed lately, to a considerable amount, placed the constable P:octor in his stores to watch for the robber, and on Tuesday night the constable saw a servant of Mr. A. B. Sparks', named Shipton, enter the store and commence opening a bale of goods; Proctor immediately seized him, a struggle ensued, when the prisoner being a very strong man overpowered him and threw him down, at which moment the pistol was discharged, and the prisoner fell shot through the abdomen; he was conveyed to the hospital, when after living some hours in great agony, he expired.

 

The Sydney Monitor, Saturday 4 July 1835

Mr. Spark's servant, Shipton, alluded to in our last, died in the hospital early on Wednesday morning.  An inquest was held the same day, at Mr. Driver's "The Three Tuns," King Street, when after constable Proctor had given his evidence, which was substantially the same as reported in our last, the jury returned a verdict of Justifiable Homicide.

A Coroner's inquest was held on Thursday at the Blue Posts, Cambridge Street, on the body of a private soldier of the 17th regiment, named Francis Stephen, who it appeared, while wheeling a barrow load of coals from the barracks, to Dawes's Battery, fell down, and shortly afterwards expired.  Dr. Newton certified that the deceased died of internal haemorrhage.  Verdict---Died by the Visitation of God.

[report follows of Constable Wheldon, the Coroner's constable, of being assaulted.]

On Saturday evening last, a stone-mason, named George Lane, met his death by falling over the quarries in Darling Harbour.  Being a freemason, he was interred yesterday with Masonic honours; a strong muster of the members of the different lodges being in attendance.

 

THE AUSTRALIAN, Friday 10 July 1835

An Inquest was held on  Monday at the Three Tuns in Elizabeth-street, on the body of a female who died the previous day at the Hospital; she was addicted to drink, and while in a state of intoxication fell into fire, which caused her death.

Another Inquest was held in the same house on the body of a man named Kennedy, a stone mason, found dead in Phillip-street---he also was addicted to the prevailing vice of intemperance.  Verdict,---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 17 July 1835

Sudden and remarkable Deaths.

Yesterday a Coroner's Inquest was held at the Cross Keys, Kent street, on the body of William Rolfe, aged about 18 months, who met his death by pulling over a pot of boiling water, by which he was so dreadfully scalded that he expired soon afterwards.  The jury brought in a verdict of accidental death.  Very shortly after the above melancholy accident, the Aunt of the child, who lived in the same house, and who had been for some time in a delicate state of health, called on a person present to give her a drink of water, upon receiving which she exclaimed her head ached very much, and immediately after expired.  The jury after hearing all the evidence, brought in their verdict.  Died by the visitation of God.

 

THE AUSTRALIAN, Tuesday 28 July 1835

A young man named Stott has been so severely stabbed in the side by another man in a quarrel, that it is feared he will not survive.

A man named Pendray, upwards of 90 years of age, and a "first-fleeter," was found dead on the King's Wharf on Sunday last; no marks were found upon his person, and it was concluded that old age and not accident had killed him.

The body of a young man named Williams, the second mate of the Tamar, and who has been for some time missing, was found on Friday floating over the wreck of the Ann Jamison, by the King's Wharf.

 

R v Cassidy and Bagley [1835] NSWSupC 61

 

THE AUSTRALIAN, Tuesday 11 August 1835

A man named Joseph Lowe, residing in Sussex-street, died suddenly on Thursday last.  He had been ill for some time previously.

CORONER'S INQUEST.---Strange Occurrence.

On Wednesday last, a respectable housekeeper in Castlereagh-street, having reason to inspect the box of a female servant, discovered the body of a child in the last stage of decomposition, enveloped in a piece of flannel in the box.  The police was immediately informed, and the female apprehended.  A Coroner's Inquest was held on the body, but the Jury not being able to come to any decision in the matter, adjourned the case until Wednesday next.  The girl has been taken seriously ill since the disclosure, but will give no account of the manner in which the child came there---Herald.

 

R v Varney [1835] NSWSupC 65

 

R v Collins [1835] NSWSupC 64

 

SYDNEY HERALD, 13/08/1835

CJA, 1/31, 17/08/1835

                                                                          Colonial Secretary's Office,

                                                                                  Sydney, 11th August, 1832.

 

 His Excellency the Governor has been pleased to appoint Mr. AMBROSE WILSON, of Endenglassie, to be Coroner for the District of Penrith, in the room of Mr. JOHN DIGHT, resigned.

                                     By His Excellency's Command,

                                                                                           ALEXANDER M'LEAY.

 

THE AUSTRALIAN, Tuesday 18 August 1835

The trial of the prisoners Higgins, Devine, and Coffee, for the murder of William Jenkins, at Kissing Point, in December last, terminated at 9 o'clock on Saturday evening, with a verdict of not guilty.

 

The Sydney Monitor, Saturday 22 August 1835

SUPREME COURT---CRIMINAL SIDE.

Before Mr. Justice BURTON and a civil Jury.

Patrick Higgins, Jno. Devine, and William Caffey, stood indicted for the wilful murder of William Jenkins on the 14th day of March last, on the Kissing Point road.

The Solicitor General in stating the case to the Jury, observed that he would lay before them a few of the facts he meant to prove in evidence in order that they might have a more clear view of the case.  The prisoners he said were charged with the wilful murder of William Jenkins who was by trade a shoemaker, and kept a sly grog shop, and many disorderly persons were in  the habit of being there at all hours.  When the body was found, a Coroner's inquest was held, the result of which was, the committal of two persons M'Gidighan and Maynard, they being the first who made known the murder. Shortly after Caffey offered himself as an approver, acknowledging that he was with other persons a participator in the deed, but as subsequent circumstances led the Attorney General to believe that he could establish a case against the prisoners at the bar, without the evidence of Caffey it was therefore rejected and the case would not be made out by one who was an eye witness to the diabolical transaction, but who took no part in its committal.  His name was Budge, he was assigned to Commissary Bowerman, whom lived about a mile and a half from Kissing Point, but close to the spot where the murder was committed. On a Sunday evening, the evening on which the murder was committed, the three prisoners at the bar who were assigned to Mr. Bowerman, left the hut in which they were lodged.  The witness Budge was what might be technically termed "a new chum," he wished to accompany them, they refused to let him.  They were absent a short time and returned drunk, he thought they had spirits planted in the bush, it appeared however, they had been to a house kept by a man named Lynch, they went to bed, after a little while Devine said to Higgins then was the time for them to go; they got up, went out, and Budge followed them, thinking they would go to the spot where the spirits was planted, he followed them through the bush to the house of the deceased; on the way Devine and Higgins met with Caffey, they the three went into Jenkins' house.  Budge finding they had no plant was about returning home, but hearing a scuffle in deceased's house went back and through a chink or cleft in the boarded hut saw that the prisoners had got Jenkins down on the floor, Devine laid across his bowels whilst Higgins cut his throat.  A knife was laying by the side of the body, the head nearly severed off.  The reason why he, Budge did not disclose the particulars at an earlier period, was his being a new hand, and Mr. Bowerman from home at the time; he was sent up the country on the second day following, but told a fellow servant who was travelling with him these particulars; in order to be more certain of the truth of his statement he was sent again down to Parramatta, and Mr. Hayward the Coroner was requested to accompany him down to the hut, in order to see whether he was telling the truth or not, to ascertain if there was such an opening in the hut, and whether there was a fallen tree; with other tracts of locality which Budge had described, and of course being a stranger in the Colony he could not have known, without having been previously there; Budge when taken to the hut went straight to the cleft, and Mr. Hayward who had held the inquest upon the body, found that the description he gave exactly tallyed with the way in which he found it.  There were, observed the learned Sol. Gen. certain circumstances connected with the case which he thought necessary to explain in order that they the gentlemen of the Jury might better understand the case.  Mr. Bowerman himself would explain why he sent this assigned servant Budge up the country; at the same time they must be aware that it was natural for Budge, being a stranger in the colony, and unacquainted with those with whom he was then associating, that he would pause before he gave publicity to a crime so horrible, so diabolical as that which he had witnessed, this was a reasonable and flair conclusion.  M'Gillingham against whom the Coroner's Inquest returned a verdict, went to the hut early in the morning, knocking at the door; he got no answer, opening the door he saw the murdered body and directly gave the alarm to the nearest neighbours. They went and found the body in the state which has already been described, suspicion subsequently fell upon a person named Wagstaff, but he afterwards proved it was impossible for him to have been there at the time.  He begged their utmost attention to the testimony. The interest of the public, the safety of the prisoners required it.  The only object the Crown has in view is the detection of the actual perpetrators of such a crime.

John Brown called---He was a constable, knew Jenkins for five years before his death; saw him dead on the 15th December, was present at the Inquest.  Jenkins' name was William, he lived alone, he was a shoemaker, never heard he sold liquor on the sly until after the murder.

Examined by the Judge---Jenkins was a ticket of leave man and had been employed in the Government Domain, he lived near Kissing Point, in the Parish of the Field of Mars; Jenkins' hut was about one mile and a half to one mile and three quarters from Bowerman's; Lynch's house was a short way from Jenkins', not more than three of four hundred yards, Lynch's house is more in the settlement, more towards the Pennant Hills than Jenkins' was, Jenkins when dead was a most frightful spectacle, his head was nearly severed from his body, he had six wounds upon his head and face; the cuts appeared to have been done with a knife; there were three cuts on the face, one on the left temple, and two on the head.

By a Juror---A person named M'Gillingham was committed by the Coroner with Maynard; Maynard was accessary after the fact, he did not know that any of the bones were fractured.

Hugh M'Gillingham, called---belonged to the Invalid Gang, at Kissing Point; could not tell why the men in that gang were called invalids, but knew that they were invalided from other gangs; recollected the morning that Jenkins was found, it was on a Monday morning on the 15th of December; it was about a quarter of an hour before sunrise, he went to deceased's hut to get a pair of shoes nailed, they were nailed, but in a reverse way to what he, M'Gillingham wished them; he knocked at the door with his hands, kicked with his feet, and called Jenkins by name, but got no answer, went to his bed room window and called him by name, still getting no answer thought he had been out overnight, went on to the road; he went but a short way and bethought himself there was a latch to the door, he then returned to satisfy himself if the door was locked; when he got back the second time he pulled the striker of the latch and the door flew open, and to his great surprise saw a man lying on the floor amidst a "deal of blood" he certainly thought the man had been murdered, but how or in what way he could not form any idea, he had hold of the door with his left hand, his left foot on the door frame, did not then enter the hut, he shut the door and went again towards the road, expecting to see a woman  and two men he had previously observed coming  along, Mrs. ----was the name of the woman, one of the men was M'Dunnit, he belonged to the Parramatta Barrack, the other was Donovan, who belonged to the invalid gang, the men had been drinking the overnight at Lynch's; he himself was there until getting drunk he was turned out, did not know at what time he was turned out, but when he awoke found himself on Lynch's ground; it was somewhere between twelve and two, it might be three or four hours before sun-rise, when he awoke he went again into Lynch's, Donovan, M'Dunnit, Lynch and his wife were all that were there then, he had left Lynch's one or two minutes before he saw those parties on the road, when he went out did not understand they were about to go out also, they were coming in the same direction that he was, when he turned from Jenkins' hut he could not see them, thought they might have gone to look after a horse which had strayed away belonging to Lynch; heard Mrs. Lynch overnight say she would go and look for it; they must have passed Jenkins' hut when he went the second time; there was a fence between Jenkins' hut and the road; the hut might be five or six yards from the fence; would not swear they saw him knocking at the door, but thought they must; it might be ten minutes before his going to the door and to the road to look after the men; being brush close to the spot they would soon get out of sight; after he had been a little while on the road he saw Donovan coming along [as if] he was returning from Parramatta and going to the gang, when he came up he told him there had been a very serious thing occurred that Jenkins had been murdered, and was lying then on the floor, and asked him to go and see what had happened.  He rep[lied he did not wish to see any such  a sight, but he M'Gillingham insisting upon his going, they went and looked into the hut, but did not then go in, the reason why he did not go in was, that he did not like until he had acquainted hid overseer, but he then went and acquainted William Maynard of the fact, who was the nearest neighbour to the deceased, he living only about one hundred yards from the hut of Jenkins; did not ask Donovan to accompany him.  Donovan went towards the camp; he walked fast considering that he was a cripple.  When he M'Gillingham got to Maynard's hut, he had to knock two or three times ere he aroused him, when he got up he told Maynard of the murder, and requested that he would go with him to see what had happened, Maynard said, being a government man he did not like to go, and as there was no other servant on the farm he could not leave the hut, and that it was a troublesome piece of business for any one to take a part in, he was assigned to Horne the deputy chief constable in Parramatta, and living alone upon the farm, tools might be stolen in his absence.  He then asked him if he would go to the Invalid Gang and acquaint the overseer with what had happened; in the interim he M'Gillingham would  go up the road and see that no one entered the hut, thinking that as he had been the first who discovered the murder if any thing was taken away he would be blamed.  Maynard went to the overseer Patrick Smith; believed Smith was a ticket of leave man; the three went into Jenkins' hut, Smith on entering said that Jenkins must have been drinking and done it himself, as by his side laid a bottle out of which he had been drinking, the bottle was on his left side.  The body was lying on the right hand side of the door, right across the fire place, his head towards the front of the house, there was a great quantity of blood laying around him, it was a stream, and he seemed to be laying in the middle of it; saw no wounds at that time on the face, although it was bloody, we did not stop five minutes in the hut, nor did any of us touch the body, or notice any wounds except the throat being cut.  When we left the hut Maynard went towards his hut, Smith told him, M'Gillingham he had better go into Parramatta and give the information to the Chief Constable; if he did not see him, to give it to the first constable he might see. The overseer then remarked that he M'Gillingham's shirt was all over dung, before he went to Parramatta he had better put on a clean shirt, he replied, he had none nearer than pennant Hills wharf; did not say where he had been lying, Smith said if he would go up to the camp he would lend him a shirt, it was not right that he should go into Parramatta in such a beastly state on  a Monday morning, M'Gillingham then said he had better borrow a shirt from Maynard; Maynard took it off his own back, it was the only clean shirt he had, when the overseer made the remark about his shirt being dirty, he, M'Gillingham had neither jacket or waistcoat on; before he went to Parramatta, he went first to Lynch's to make the murder known to them; on his return he met the deputy overseer coming in a hurry; went to him, he said that he, M'Gillingham had better wait at the hut until he, the deputy went to Parramatta, and in the interim he would send a man named Phillips who had formerly lived with Jenkins; he so waited until Mr. Hayward with a constable came, Brown was not the constable; could not say exactly the time they came, it might be about six or seven in the morning; was present at the Inquest, a verdict was returned against him, Jenkins' house had a pitched roof, but could not say there was any opening in the slabs,(what he meant by a pitched roof he described to the Jury by placing his hands in the form of two sides of an  equilateral triangle), was often with Jenkins, he made shoes for him and others that he had recommended;  Jenkins was in the habit of selling spirits on "the sly;" saw him on the Sunday morning, and told him then the shoes were not nailed according to agreement, was at Lynch's house on Sunday, went there between two and three o'clock, and remained till sun down, then left Lynch's to go down to the camp to get a few shillings for what he had previously drank; he borrowed three shillings from Smith the overseer of the invalid gang; did not tell him what it was for; he was in the habit of earning a few shillings at the wharf, after his Government work was done; Smith's wife, and Lynch's wife, were sisters; Smith allowed the men in the gang to go to Lynch's to drink; returned to Lynch's when he got the money; a man named Wagstaff was with him on the  former part of the day, but left when he went to borrow the money; Wagstaff went to the camp, and he did not see any more of him; saw Caffey at Lynch's when he first went there; Devine and Higgins came in the evening; heard some one of the company remark that they belonged to the Commissary; it might be between five and six o'clock; when they were there it was before sun-down; saw Higgins and Devine go out with Caffey; it might then be about six o'clock; Caffey and Higgins came in again; they went out together shortly afterwards; had nothing but beer that day at Lynch's; heard Lynch say in the morning he had no rum; the beer was drank out of a glass, and was served in a quart measure; there was no credit given except what he had credit for; his credit was for two or three pots of beer; the amount might be eighteen pence; did not know their custom, never having been there before.

Cross examined by Mr. Wentworth---Did not know whether the Government gave out two or three pairs of shoes per annum; had been ten months in the gang, and paid nine shillings for shoes to Jenkins; when he bought the shoes, it might be three months before this occurrence; but they had been re-soled, and Jenkins brought them to him on Sunday morning, they were not nailed according to order, and he agreed to give Jenkins sixpence extra, if he would nail them properly; there was no blood on his shirt to his knowledge; had been to Jenkins forty or fifty times before this.

Examined by Caffey---Caffey was at Lynch's when he went in; was not sure Caffey went out without his knowing it.

William Maynard, called---Was assigned to Horne, Deputy Chief Constable at Parramatta, was living in December last on the Kissing Point road, the hut he lived in was about forty yards from the road; lived there alone, recollected the morning of Jenkins' murder.  George Murray, Hugh M'Gillingham and John Wagstaff were at my hut on the day previous, Jenkins came down the same day for a bucket of water, and remarked that so many people called for d rinks of water, he could not get his work done, of which he had so much to complete between then and Christmas, that he would be obliged to work on Sundays.  He expected at his hut that day some of Commissary Bowerman's men, but as it was then rather late he did not then expect them; it might then be three o'clock, Murray asked him if he would go up to the gang as a man there owed him half a crown, hearing his name, he said the same man owed him, Maynard, one shilling, but he would not go for it lest some others might come to the hut.  That was the last time he saw Jenkins alive; M'Gillingham used frequently to come to his Maynard's hut to see him, he that day went away about two o'clock, Wagstaff asked M'Gillingham how the hot weather agreed with his eyes, he said his eyes were very bad; Wagstaff asked M'Gillingham if he would go up to Lynch's and get a drink of beer; he said he would not as he was better without it.  M'Gillingham came the next morning and told him of the murder of Jenkins, he said Bill was murdered, meaning Jenkins, and asked him to go and acquaint Smith of the fact; he went to Smith, who was at that time in bed, and told him that one of his (Smith's) men had called him out of bed that morning, and had told him of a murder having been committed.  Smith asked him if he had heard any noise on the previous evening; he told him not, he had sat at the door of his hut until nine o'clock, and then  went to bed; could see Jenkins;' hut from his place, but not the door; could see any one go off the road to the house; McGillingham borrowed a shirt to go to Parramatta with, and asked him to wash his shirt whilst he was gone; he washed it in cold water, but used no soap; did not think he was doing any harm; there was no blood upon it; he hung it out on the hedge to dry; it was hanging there when the Coroner sent for him; the body of Jenkins was such a horrible sight, he just cast his eye towards it and turned away.

----Budge called---Was assigned to Commissary Bowerman; had been there only three of four days previous to the murder; recollected the day, it was a Saturday; Higgins and Devine were fellow servants of his; after dinner on that day, Higgins and Devine went out together; they would not let him go with them; they were absent a short time, when they returned they were intoxicated; he (Budge) suspected they had liquor planted in the bush; when they were in bed, he heard Devine say to Higgins, it was time to go; Coffee came to the hut and beckoned them out; he (Budge), followed them to Jenkins' hut keeping at a sufficient distance to see them, but did not think they saw him; when they entered the hut, he turned towards home; he got but a short way, when he heard a scuffle in the hut, he went back and looking through the slab, a little to the left of the chimney, he saw that Higgins and Devine had got Jenkins down on the floor, while Higgins cut his throat with a razor; did not see Caffey take any part in  it, the opening he looked through was on the right hand side of the door way; they had a light, but could not say whether it was a candle or a lamp; did not know the light was in a bottle; heard the barking of a dog, but did not see it; there was not much barking when the scuffle was going on; saw no drinking; did not swear at Goulburn he saw any; did not mention Caffey's name to the magistrates, although he considered him as bad as the others; did not hear any money mentioned; whilst the scuffle was going on, heard one say "where is it, tell us where it is?" but what they meant he could not say; Jenkins asked them to spare his life.

(To be concluded in our next.)

 

The Sydney Monitor, Wednesday 26 August 1835

SUPREME COURT.

TRIAL OF HIGGINS, DEVINE, AND CAFFEY FOR MURDER.

(Continued from our last Number.)

Mr. Augustus Hayward called---Was Coroner at Parramatta, held an inquest on the body of Jenkins; early on the Monday; just as he had got up, a man came to him and enquired if he was the proper person to report accidents to; he replied in the affirmative; the man then enquired how soon he could hold an inquest; he went immediately to Jenkins' Hut, and found there McGillingham with three or four others; he looked at the body, and was immediately satisfied the man had not died by his own hands; McGillingham seemed in a stupid state, sulky and sullen, which led him to thank that he knew more of the transaction than he seemed disposed to admit; the body laid towards the front of the building, the feet towards the fire-place; the head was nearly severed from the body, the right hand laid across the breast, the left a little way from the side; on the floor was a pool of blood, in the midst of which he found a knife, the blade was broken; (knife produced), the broken part of the knife was lying on the body; there was a bottle of rum near the feet; from the manner in which the knife was placed, and the situation of the body, it was clear to him that the man had been murdered, and the things placed in such an order to induce the belief that he had destroyed himself; Phillips said he would show him (witness) the plant; Phillips showed him a hole in the floor, but there was nothing in it.

Mr. David Chambers---I was Crown Solicitor in May last; I had a communication with Caffey, who was on board the hulk, as a witness against Higgins and Wagstaff.

Mr. Wentworth here put a question to the witness, when---

The Solicitor-General submitted, that it was not competent for Mr. Wentworth to put questions in favour of Caffey, he (Mr. W.) appeared for Devine only.

Mr. Justice Burton said, it was competent for any gentleman of the bar, as amicus curiae, to take an objection in favour of a prisoner, whether retained by him or not.

Mr. Chambers continued---I held out no inducement to Caffey to make any disclosure which might affect him; I considered it a case of considerable difficulty, and took some pains to investigate it fully; it was not then intended to prosecute Caffey.

Mr. Wentworth contended that such an examination could not be read.

Mr. Justice Burton said he was of opinion that it might, as was in the case of Thurtell; Hunt's disclosures were taken against himself, although it was subsequently considered too hard to take his life, and he was ultimately reprieved; he would, however, like to see Thurtell's case; there was, he understood, a reward offered by the Government in this case; he would like to see the Gazette in which that reward was published.  A Government Gazette was here handed to His Honor, from which it appeared that $(Pounds)50 and a Free Pardon was offered to any one who might give such evidence as would lead to the conviction of the offenders; Caffey might have come forward upon the strength of that, and made his statement.

The Solicitor-General---As your Honor is presuming that Caffey had seen the Gazette, I will not offer what he said to Wright, as he might then be influenced by the prospect of the reward; but with respect to his communication to Mr. Chambers, who held out no promise, it could not be excluded, although it was against himself.

Mr. Chambers continued---From the time Caffey made his deposition before Mr. Wright, which was in February, until May, he was treated as a person intended to be called as a witness.

Mr. Hayward recalled---Was present when Caffey was brought before the Magistrates; the advertisement was read over to him (Caffey), and he was told that if he made a full and true disclosure, he would be entitled to the reward; he was placed on the opposite side to Higgins and Wagstaff, treated in every respect as a witness against them; was sworn, and gave his evidence.

Mr. Justice Burton, addressing  the Solicitor-General said, hr thought after what they had heard, he (the Solicitor-General) could have no doubt as to the inadmissibility of the confession; but if he did entertain any doubt upon the subject, he (Mr. Justice Burton) would consult with his brother Dowling, who was sitting in the other Court.

The Solicitor-General begged His Honor to wait one or two minutes until he referred to his books; having referred he said, that by the authorities it was clearly established---that if a first confession was made wrongfully, under any misapprehension, it could not be admitted as evidence against the confessor; and if a second was obtained, under a continuation of the same impression, which had called forth the first, that also would be inadmissible.  He quoted a case in the Court of King's Bench, where at the time, as he understood, Lord Ellenborough presided, which was confirmatory of his (the Solicitor-General's) deduction.

Mr. Wentworth said, that that case was not so strong as the present.

Mr. Justice Burton said, he was quite satisfied the confession could not be admitted; he at the same time did not wish to throw upon the Solicitor-General the onus of abandoning the objection, but it was most satisfactory to find that they agreed.

Captain Campbell being called said, he had a station at Moneroo; Budge came there about the latter end of January; another of Commissary Bowerman's assigned servants came with him; during the time Budge was at his place, which might be about a week, he observed him to be in a very unhappy state of mind, restless, and unsettled while at his meals as well as at other times; all the servants noticed it, Brabrook amongst the rest; when Budge came upon the farm he had a flock of sheep given into his charge, a flock which he had assisted in bringing up the country; he always had the sheep close to the house; Biddows came to him (witness) one day in January and said Budge had made a disclosure of a murder which had been committed in the neighbourhood of Parramatta; he (witness) went to Budge and asked him what he had on his mind?  Budge said that he had witnessed the murder of Jenkins, which was committed a short time before, near Kissing Point; witness then asked the names of the parties who did it.

Mr. Justice Burton said, he could not admit such evidence as corroboration of any fact, although it might be permitted for the other side as a contradiction.

Captain Campbell continued---When he heard the account Budge had to give of the transaction, witness sent him along with Biddow to Goulburn, previously advising him to make a full and clear disclosure of the affair to the Magistrate; never made any mention of a reward to Budge.

Edward Biddow called---Witness said, that observing the restlessness of Budge he asked him the reason of it, but at that time got no answer; on the following day the subject was again mentioned; the other two men in the hut thought that Budge had committed a murder as his manner was so strange; Budge then began to speak about the murder of Jenkins, and said that some men who had been taken up were likely to get hanged, though innocent, as the real perpetrators were not in custody; Budge went on to state many other particulars connected with the murder; it was through communicating these particulars to Captain Campbell, that he and Budge were sent down to Goulburn; on the road they spoke now and then of the murder; Budge told him he heard Higgins and Devine say to Jenkins, "where is it, where is it?" Jenkins made answer that they had got it all, and begged of them to spare his life; one of them made answer, "d-m his eyes finish him---we have done enough to hang us!" they had a shoemaker's knife or a razor; that the blade was a deal shorter when it came out of the body, than when it went in; that the body was laid across the front of the fire place; two bottles with liquor in them the prisoners put down on the floor.

Commissary Bowerman said, Budge was not on his farm more than three of four days before he was sent up the country; he (witness) left home on the Monday morning, and did not return until about Wednesday; did not hear of the murder until then; did not know that any of his men were suspected of it; Budge went up the country on Tuesday with Shepherd's dray; he had no opportunity of communicating with witness except early on Monday morning; witness wrote the passes and left them with Mrs. Bowerman on the Sunday, that they might be ready when the drays came.

--- Brabrook called---Budge and him (witness) came by the same ship; witness had been cast for death for highway robbery, which was commuted to transportation; they had been good friends on the passage, and were sent together to Mr. Bowerman's; saw the prisoners Higgins and Devine go to bed that night; they could not have gone out after-wards without his seeing them, although they did not sleep in the same apartment with him; he could see them without getting out of bed through an opening in the partition; had been in Sydney now two or three days; slept at a public-house last night; his master gave him the money to pay for his bed; did not consider Budge in his right senses; Budge used to speak often of devils and those sort of things; he (Budge) once told witness he would like to see the devil, as he would make it all right with him to get home again; he thought from that he could not be in his senses, for being a scholar he ought to have known better; had no conversation with any particular person about the murder since he came down the country; people who came into the public-house asked him what he had come down for, and he told them he came as a witness about a murder.

Mr. Bowerman recalled---He said, that he saw the last witness talking yesterday to Devine's brother and observed to himself how improper it was to allow witnesses to stand out in the street and talk with any one who might come against them.

Mr. Justice Burton said, that was a matter for the Government to determine, whether they could allow this practice to continue or provide a proper place for the witnesses.

Mr. Hayward---I never told Phillips that there was a reward offered, and if he discovered the murder he could get a Free Pardon and $(Pounds)50; I recollect two men being in custody at the hut when I went a second time to make further search; M'Gillingham was then in custody; Phillips might have been one of the men, but I never mentioned anything to him about a reward; I have some recollection of going about the rooms with a prisoner, and it might have been Phillips; I told that man I was certain some of the Invalid Gang were concerned in the murder, and requested him to get all the information he could.

Cross-examined by Mr. Wentworth---Was quite sure he did not offer to any person such a reward; the murder being so recent it was impossible for him to have done so; I thought the reward which the Government offered was too small for such an atrocious murder, but as for offering a reward at any time previous, it was a perfect fabrication.

John Brown recalled---Was present at the hut with Mr. Hayward, and am certain he offered no such reward; he could not have done so without my hearing it.

---Budge recalled---Did not say to any one that he who discovered the murder would get his free pardon; recollected stopping on the Wollondilly river with Shepherd's men, but never said anything to them about the murder; did not say that if he swore against Higgins and Devine, nobody could contradict him; did not mention the murder to any person until he got up to Campbell's station; Brabrook was the first person he told of it; did not expect a pardon if the prisoners were convicted; (the witness was pressed hard upon this point, but he still persisted that he did not expect a pardon, nor did he wish it, because it would be said that he had done this on purpose to obtain it;) he did not expect to get it.

Examined by Judge Burton---Did not make any communication to any person until he got up the country.

This closed the case for the prosecution.

The prisoners called no witnesses.

Mr. Justice Burton in putting the case to the Jury observed that the main point upon which it rested was the testimony of Budge, and it was for them to judge how far he was worthy of belief, a man honestly desirous of bringing to public justice the perpetrators of a crime so horrible and atrocious, would have given immediate information to his master, but he, instead of adopting such a course allows a considerable time to elapse, before he made any disclosure respecting it.  There were certainly reasons which might influence his conduct, he was aware that he had to go a considerable distance up the country, he was a stranger and would be accompanied by those who were strangers to him.  A feeling of fear might have an influence over him, and thus prevent the adoption of that sound and discreet policy which men generally would have pursued, it is not until after he had travelled two or three hundred miles and been there three of four days, that he mentions the subject to any one; and not then until after being questioned of the cause which produced a certain  uneasy or restless manner so apparent, as that all could notice it, all this might have been avoided, by his acquainting his mater with the affair, the same evening he saw it committed, or if then too late he might have done it on the following morning, but that was a question entirely for their consideration.  The law of England for certain necessary reasons allowed the evidence of an accomplice, even in the most serious and dreadful cases, because it often happened that the most atrocious and horrible crimes were committed at such times and under such circumstances it would be almost impossible without, to bring the perpetrators to justice, yet at the same time such evidence was allowed, the law required the accomplice to be consistent in the whole of his story, and be confirmed in such details as it was probable other persons might be cognizant of---accomplices did not stand in the same situation as disinterested persons, accomplices had strong motives in producing a conviction, already marked by moral taint there was their own discharge and prospect of reward.  It was however peculiarly their (the juries') province to decide upon its truth and credibility.

His Honor then  carefully went thro' the evidence, commenting upon each point which bore for, or against the prisoners, and concluded with a desire they would carefully an d seriously weigh the whole of the evidence, and if they had any doubt, to give that doubt in favour of the prisoners.  If, on the other hand they considered the case, as reasonable and sensible men, to be fully made out, then however painful it might be, they would find against them.  He would leave the case in their hands, it was one exclusively for their decision.

The Jury after a short absence acquitted the whole of the prisoners.

The Court was crowded, and the decision of the Jury caused a noisy applause, which indecency was soon checked by the proper authorities.

SATURDAY, AUG. 22.---Before the CHIEF JUSTICE and a Military Jury.

Charley, a native black, stood indicted for the wilful murder of Alfred Simmons in the neighbourhood of the Gloucester River, Port Stephens, in the month of May last; from the evidence it appeared, that a station belonging to Mr. Robert M'Kenzie, situated on the Gloucester, was attack in the month of May last by a large party of blacks.  The servants attached to the station, twenty in number took flight and ran away, five of them were never afterwards seen. A constable was sent to endeavour to find the bodies; from information he received, he went to a black camp stationed in the neighbourhood, and took the prisoner Charley into custody.  Charley knew sufficient English to make himself understood by others and to understand what is said to him, when made acquainted with the reason of his capture, he offered to shew them where Fred was (the abbreviation by them of Alfred Simmons' name.) he took them to the spot where Simmons had been murdered, but there was nothing but some bones, Charley took up what appeared part of the back bone and skull, and pointed out a wound that he had given Fred with a waddy, there was a hole in the skull about an inch in circumference, he said he gave him the first blow, and Paddy another black afterwards struck him.  He said Fred b egged of them not to kill him as he had been always good to black fellows but they killed him and two of the others who were missing.  The reason they assigned for so murdering one who had been well known to them for years, and who had given the blacks, sugar, flour, &c., at various times, was, that they had been put up to do it by a white man that was living in their camp, and who wanted tobacco, shoes, &c., which they were to get after murdering this man who was the store keeper at this station.

For the defence, which was interpreted by the Rev. Mr. Threlkeld---It was stated that the blacks carried about with them a charm, which they called a Moorrumbi a kind of ball formed of agate quartz, and other stones, which in their opinions s insures to the possessor longevity, and protects him from many evils, but that it was death to any black woman who should dare to look at it.  The deceased had a black woman living with him, he had got Charley's Moorrumbi and shown it to her, they therefore determined to kill him first and the woman afterwards.
   The Jury returned a verdict of Guilty,---Death.  Ordered for execution on Monday morning.

CHARLEY, the native black, convicted of murder, is reprieved until the 3rd proximo.  We understand that he is to be forwarded to the scene of the murder for execution.

The body of a woman was found drowned at the Market-wharf, early yesterday morning.  From what we could learn upon the spot, it appeared that her name was Catherine Brown, and that she had lived in Kent-street; she had previously made an attempt to cut her throat, but was prevented by her neighbours.  She had several times threatened to drown herself; she left home on Monday evening about nine o'clock, and was not afterwards heard of alive.  A Coroner's inquest was held last night, when a verdict was returned of---"Drowned herself when in a temporary state of derangement."

 

THE AUSTRALIAN, Friday 28 August 1835

On Sunday last an Inquest was held at the Cherry Gardens, Parramatta Road, on the body of an old man, who got his living by selling cakes on the road, and  who was found dead in the road a day or two previously; it appeared that he had received some injury by a fall---probably had been knocked down by a cart or dray.  Verdict, that deceased died of extravasation of blood on the brain from some unknown cause.

An Inquest was held on Tuesday on the body of a female found drowned at the Market Wharf; it appeared that she had committed suicide, having a short time previously attempted to cut her throat.---Verdict, temporary derangement.

 

THE AUSTRALIAN, Friday 11 September 1835

DEATHS.

On Wednesday last, the wife of Sergeant Sandys, of the Mounted Police, who fell dead at the foot of Mount Victoria, in a fit of apoplexy.

 

THE AUSTRALIAN, Tuesday 22 September 1835

A Coroner's Inquest was held at Higgins's, the Daniel O'Connell, Brickfield Hill, on the body of a child who was interred above a week ago, and concerning whom a report had been made at the Police Office, that it had died in  consequence of injuries inflicted by its parents, who reside in Sussex-street, Sydney.  On the Jury being empannelled, they proceeded with Mr. Burke to the Burial Ground, where the body was exhumed and carefully examined by them; when it appeared that the only visible in jury sustained by the deceased was that of a wound over one eye, about an inch in length, unaccompanied by any fracture of the bone; the medical gentleman in consequence gave it as his opinion that such a wound would not have caused death in a healthy person, but from the diseased state in which the poor child evidently must have been previous to its decease, such a wound would have accelerated death.  It further appeared that a short time previously, the Parents (who are described as very intemperate, and almost constantly intoxicated, and consequently quarrelsome)---were fighting together, in the course of which their child received a cut on the head, and soon afterwards, evidently through great neglect, it  died.  As there was nothing to immediately criminate the parents, they were discharged from custody, and a verdict returned---"Died by the visitation of God."   The Coroner took occasion  to severely reprimand the father and mother for their intemperate habits, to which might be mainly attributed the death of their offspring, and admonished them against the too prevailing vice of indulging in ardent spirits, as had they paid proper attention  to the cut in the first instance, which their intemperate habits prevented them doing, death would not have ensued as it did.

 

The Sydney Monitor, Saturday 3 October 1835

An inquest was held on Saturday morning at the Bull, public house, in Kent Street, on the body of a female infant, named Ellen Selden.  A suspicion had been entertained, that the parents had starved it, but the evidence failed in establishing the fact, and the Jury under the direction of the coroner returned a verdict, died by the visitation of God.

 

THE AUSTRALIAN, Tuesday 6 October 1835

A convict named Driscoll, in a road party near the stockade at Cox's River, was shot by one of the soldiers on guard, who was about to convey him, with other prisoners, to Bathurst, for the purpose of being dealt with.  An Inquest was held on his body, when a verdict of "Wilful Murder" was returned against the soldier.  We have not heard of any circumstances which could have induced the man to fire; the man was on "the chain" at the time.

DEATHS.

On Sunday the 4th instant, Cecilia Boon the infant daughter of Sydney Stephen, Esq., aged 7 months.  Her death was occasioned by a fall on her head, which brought on inflammation of the brain and of the lungs.  She appeared in perfect health for seven days, when the inflammation appeared, which in fourteen days terminated her existence.

 

The Sydney Monitor, Wednesday 7 October 1835

CORONER'S INQUEST.---An Inquest was held on Friday, at Webb's, Hope Tavern, Clarence Street, on the body of John Bignell, aged 21 years, the son of a respectable publican.  It appeared that deceased had purchased at the shop of Mr. Liscombe (under pretence of wishing to destroy rats) half an ounce of arsenic, the whole of which it is supposed he had taken.  When taken ill, Dr. Stewart was sent for, but his services were too late to be available, he died about 7 o'clock.  There was nothing adduced in evidence which threw any light upon the subject; as it appeared that both before and after he had taken the poison, he was perfectly sane, the Jury returned a verdict, that the deceased took the poison with intent to destroy himself, he being at the time in the full enjoyment of his mental faculties.  In consequence of this verdict, the body was interred at 12 o'clock on Saturday night, pursuant to the law in such cases.

Another Inquest was held at the Rose, Shamrock and Thistle, Cumberland-street, on the body of James Watson, a Ship carpenter.  It appeared he had been indisposed for some time previous, yet not sufficiently ill to prevent him following his usual employment.  On Friday evening he came home from work, when shortly after he complained of being ill, a Doctor was sent for, but before he arrived Watson was dead.  The Jury returned a verdict of died by The Visitation of God.

 

THE AUSTRALIAN, Friday 9 October 1835

Last Wednesday the soldier Higgins, who shot the prisoner near the Stockade, Cox's River, was committed to take his trial for murder.  It appears that they had proceeded as far as "Solitary Creek," when Higgins, together with the other soldiers, went into a house and obtained some spirits.  Higgins was intoxicated, when he came out, and went up to the prisoners on the chain, (7 in number), saying that "if any of them stirred, he would shoot them."  He then began counting them one by one; on coming to the seventh, he deliberately raised his musket, and fired !  He was immediately secured by the other soldiers.

An inquest was held on Monday last on the body of a shipwright named George Watson, who died suddenly while at work; verdict---died by the visitation of God.

 

The Sydney Monitor, Saturday 10 October 1835

Another Inquest was held yesterday, at the establishment of Mr. A. B. Spark, at Cook's River, on the body of Henry Fuldish, who had been in the employment of Mr. S. as stock-keeper.  It appeared that, his duty frequently required him to cross the river in a punt or boat, kept for that purpose; and, that about ten days ago, whilst crossing, he had, through some cause yet unexplained, fallen over the boat.  The body was not found until Thursday last.  The Jury returned a verdict of---accidentally drowned.

On Thursday evening, an Inquest was held at the Three Tuns, King-street, on the body of Henry King, who cut his throat on the previous day.  It appeared from the evidence, the deceased had been drinking to excess, for some days before; and, at the time of committing the rash act, was affected with "Delirium Tremens."  The Jury returned a verdict of---destroyed himself whilst labouring under a fit of temporary insanity.

We are requested, by a correspondent, to state that, it was not Mr. Stewart but Mr. Surgeon Street, who attended the young man named Brignell, alluded to in our last publication.

 

THE AUSTRALIAN, Tuesday 13 October 1835

The unfortunate man, Henry King, who, as stated in our last [???], cut his throat in Sussex-street last week, has fallen a victim to intemperance; how many instances does this Colony afford of the ravages of that demon in our society---means wasted, prospects blighted, character lost, and misery spreading far beyond the sphere of the degraded individual, and involving the innocent in the consequences, present a fearful and too common picture.

A stock keeper of Mr. Sparks' at Cook's River, was drowned by falling out of a punt at that place some days ago; the body was only discovered on Thursday, when an Inquest was held, which returned a verdict of "accidentally drowned."

 

The Sydney Monitor, Wednesday 14 October 1835

An Inquest was held yesterday afternoon, at the St. Andrew's Cross, Kent-street, on the body of Bridget Alexander, a widow, who had resided in the neighbourhood.  It appeared that the deceased had been for some time past subject to fits, and on the preceding day she had been drinking, when about five o'clock in the afternoon she was seized with her old complaint; she remained in a fit until seven o'clock, when she expired.  The Jury returned a verdict of---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 16 October 1835

An Inquest was held in Kent-street last Tuesday on the body of a female named Alexander residing there; it appeared that she was subject to fits, and having been drinking the previous morning was seized with one of her usual attacks which carried her off.---Verdict---Died by the visitation of God.

 

The Sydney Monitor, Saturday 17 October 1835

An Inquest was held last evening, at the Dove and Olive Branch, Kent-street, East, on the body of John Thompson, late Steward of the ship John, which was found cast upon the shore, on the afternoon preceding.  From the evidence it appeared, that deceased's conduct had not been quite correct on board the Ship, the Captain spoke to him on the subject, on Sunday, after which deceased absconded; he had gone to the house of Mrs. Todd, a laundress on Bunkers' Hill, whom he asked for lodgings; she having no convenience told him so, but allowed him to remain there during the night, and in the morning procured lodgings for him, at the house of Sarah Johnson, Cambridge-street.  He appeared to be quite well until Tuesday evening, when he became low in spirits, and fancied various wild and strange things; he got some work on Wednesday, at his trade (a cabinet maker) when he returned in the evening he took tea, and went to bed; about eleven o'clock he got up, threw on his cloak and went out; he was not again seen, until the body was washed ashore on Thursday, on Patten's Wharf, Darling Harbour.  How or in what way he came into the water there was no evidence to show.  The Jury returned a verdict, Found Drowned.

An Inquest was held on Thursday, at the Three Tuns, King street, on the body of a man named John Denton, who died suddenly on the same morning; he had been residing in the Domain.  It was found upon the post mortem exanimation, that the liver, hear and lungs, were in a very diseased state.  The Jury returned a verdict of Died by the Visitation of God.

 

THE AUSTRALIAN, Tuesday 20 October 1835

An Inquest was held on Friday last, at the Dove and Olive Branch, in Kent-street, on the body of a man of the name of John Thompson, of the ship John, who was found drowned on the shore of Cockle Bay, the previous day.  It appeared that he had disagreed with his captain, and left the ship---and went to lodge at the house of a woman named Johnson in Cambridge street; here he exhibited much lowness of spirits and flightiness of manner; and on Wednesday night after having had his tea and went to bed, he got up at eleven o'clock and went out in his cloak.  He was not seen  since till his body was found as above.  Verdict---"Found Drowned."

An Inquest was also held the previous day at the Three Tuns, King street, on the body of John Denton, who died suddenly that morning; the deceased had been residing in the Domain and upon a post mortem examination it was found that his heart and lungs were in a diseased state.  Verdict---"Died by the visitation of God."

 

THE AUSTRALIAN, Tuesday 27 October 1835

A melancholy accident occurred at the Ferry at Penrith, on Saturday week.  A constable with three men from the Stockade at Evan, were crossing the river in the Ferry Boat, when they were swamped, and three out of the four were drowned.  The constable, who was one of them, has left a family of six children unprovided for.

 

R v Nocton [1835] NSWSupC 87

 

R v Hayden [1835] NSWSupC 88

 

R v Jeffries [1835] NSWSupC 89

 

THE AUSTRALIAN, Tuesday 10 November 1835

EXECUTION.

Yesterday morning at nine o'clock, William Jeffreys under went the extreme penalty of the law at the usual place.  Jeffreys had been convicted of the wilful murder of his overseer (he being then in an iron-gang.) ...

 

The Sydney Monitor, Wednesday 11 November 1835

INQUEST.---A Coroner's Inquest was held on Saturday afternoon, at the Robin Hood," George-street, on the body of a person, who had latterly obtained his ,livelihood by writing memorials, letters, &c., for ignorant persons, named Henry Phelps.  It appeared that a few days since, Phelps was very much intoxicated, and had been ill from that time to the hour of his death, when he was discovered lying in a privy.  Mr. Surgeon Stewart certified, that the deceased died through the excessive use of ardent spirits; and the Jury returned a verdict to that effect.

 

THE AUSTRALIAN, Friday 13 November 1835

Law Intelligence.

SUPREME COURT---CRIMINAL SIDE.

FRIDAY.---William Jeffries was indicted for the murder of Richard Somerville, at Port Macquarie, by a blow with an axe; it appeared that prisoner, deceased, and some others, were working together, when deceased was observed to be leaning down with his face on the ground; they went up to him and found blood proceeding  from a wound in his head---they were going to get some water to wash him as he was breathing, when prisoner said he "would finish him"---the others asked him why he had struck the blow, when he replied that deceased had driven him to it, and he was willing to die, for he had killed him.  It appeared in the course of the trial that deceased was a very quarrelsome man, and had been often in the habit of aggravating the prisoner.  Verdict, guilty, and sentence of death passed accordingly.

 

THE AUSTRALIAN, TUESDAY 17 November 1835

EDITORIAL.

We have given in another column a report of the trial of Hagan, a private of the 4th regiment for shooting a prisoner under his charge; he was sentenced to death, but has been reprieved, some doubts having arisen as to the testimony of the witness who declares he saw him aim his musket, and who was according to the testimony of the others, and by his own confession indeed, in a state of intoxication himself.

It is said that the piece went off by accident, and that this can be proved; ...

 

R v Hagan [1835] NSWSupC 92

 

R v Beane [1835] NSWSupC 93

 

The Sydney Monitor, Wednesday 18 November 1835

SUPREME COURT,---CRIMINAL SIDE.

SATURDAY, NOV. 14---Before Mr. Justice DOWLING and a Military Jury.

David Campbell was indicted for the wilful murder of Nicholas Conden, by shooting him, on the 19th August last, at Port Stephens.  It appeared that Campbell was an assigned servant to Mr. Mackenzie, for whom he acted as overseer; on the day named in the indictment, prisoner, deceased, and another assigned servant of Mr. Mackenzie's were sent by that gentleman to procure stores for the farm; they had got the necessary supplies, and were returning homewards; they stopped on the road and dined; during dinner the three men with two others who had joined the, drank a quart of rum; when proceeding onward, prisoner and deceased had an argument about driving the bullocks; prisoner told the deceased that he was not able to drive; the deceased said he could drive as well as prisoner; the latter attempted to take the whip from deceased's, but failed; prisoner then went to the hindmost dray and took out a carbine, when the deceased saw this, he went towards the prisoner; prisoner turned round and ran a short distance from the deceased, and then wheeled short round and  fired; the charge entered the left side of deceased's head, when he fell and expired instantly; before this, one of the men who had joined them had laid down in the road drunk, and the other was upon one of the drays in the same state; when prisoner shot the deceased, he reloaded the carbine, and told the other servant (Marr) that he would serve him the same if he did not behave himself; Marr then requested that the body might be placed on the dray, and not left on the road to be devoured by hawks, &c.; this request the prisoner refused to comply with, and ordering Marr to drive on, left the body on the road; they proceeded to William Hart's station where they meant to stop for the night.  Marr, then told Hart what had occurred on the road.  Hart for a considerable time would not believe it, but mentioning the circumstance to prisoner, he admitted that he had shot the deceased. He was then taken into custody, and a man sent to look after the body, which was found on the road as already described.  Prisoner put in a written defence, in which he stated that in con sequence of some of Mr. Mackenzie's men having been recently killed by the native Blacks, they were authorized by their master to carry fire arms, in order to protect the property on the drays.  They had been five or six days from home.  That there was generally a bad feeling entertained by convicts towards a convict overseer. Prisoner had overheard a conversation between Marr and deceased who proposed to murder Prisoner, and to report when they got to the station that Prisoner had gone into the Bush.  Mr. M'Kenzie was called on the part of the Prisoner, he said, he had been in his service three years and always seemed a very quiet man; deceased was a violent dangerous character, when intoxicated.  Mr. Justice DOWLING went carefully through the whole of the evidence, and the Jury returned when they had been absent about an hour, and said there was no chance of their agreeing.  His Honor then ordered them to be locked up.  After a long absence they brought in a verdict of Manslaughter.

A Civil Jury was then sworn.

William Ryan [Bean], was put to the Bar charged with the wilful murder of Six Toed Jackey, an Aboriginal Black, by shooting him with a Pistol, at Tongee, on the 4th April, 1834. There was another count of the indictment charging the Prisoner with wilful murder of a man, name unknown.

Mr. SOLICITOR-GENERAL, in stating the case to the Jury, said, the prisoner was an overseer in the employment of Sir John Jamison.  He apprehended the deceased in April, 1834, and whilst he had the Black man in charge at Tongee, he shot him with a pistol.

Prisoner had been in custody since then, but in consequence of the absence of a material witness he had not been brought to trial.  There was an erroneous impression entertained by overseers and stockmen, in general, that the Native Blacks were not protected by Law, and that therefore, they might be shot at pleasure; but His Honor will tell you, (continued the Learned Gentleman) that, however low they may rank in the scale of intellect or intelligence, the British Law watched over and protected their lives with the same solicitude, it would show to the most eminent or exalted white men.  It would appear, he had the black man in custody in a hut, there were no other persons present at the time; some other servants of Sir John's hearing a report of fire arms, went to the hut, and there saw the black man dead.  Prisoner said, the black man had made a rush at him with a knife, and in order to save himself he had fired the pistol.  If the Prisoner had the black legally in custody, and was apprehensive of his own life, he might be justified.  If the black was illegally in custody, he had a clear right to deliver himself from unlawful detention, and Ryan was not in any way justified in taking away the man's life, in order to prevent a rescue.  As the case will turn principally upon the Law which will be laid down to you by His Honor, it may be unnecessary to say more than that the delay of the Prisoner's trial has been occasioned by the absence of a material witness.  And as we cannot produce him, we go to trial with such witnesses as we have.

It appeared from the evidence that Sir John Jamison has a station called New Moyn, about four hundred miles from Sydney; that a short time previous to the day laid down in the indictment two of his assigned servants had been murdered by the blacks.  Sir John wrote to the Governor, requesting that some of the Mounted Police might be granted as a protection to his servants and property.  His Excellency wrote in reply, that owing to the limited numbers of that force none could be spared for such a purpose; and if Gentlemen Farmers chose to go so far away, they must endeavour to find out some means by which they could protect themselves; Sir John then sent a warrant or instructions (the paper was not produced) to his principal overseer at a distant station to apprehend this Six Toe'd Jackey, who had become a principal party in the previous outrage.  Prisoner at the Bar (who was an assigned servant and no constable) was ordered to apprehend the Black, and take him before the nearest Magistrate to be by him dealt with.  He in consequence took him into custody and was conveying him to Bathurst.  When the Black and Bean [??] were in the Hut, the Black endeavoured to escape up the chimney, failing in that he took a large knife, and was about to attack the Prisoner when he shot him.

The Black was a much more powerful man than the Prisoner and was considered a very dangerous character having been accused of murder by some of Mr. Cox's men as well as of Sir John Jamison's.

Mr. Justice DOWLING in addressing the Jury said, that whilst the English Law, did not interfere with the Local Laws of the Blacks, yet it made them amenable if they infringed upon the English Law, but at the same time whilst it compelled [?] our decision, it gave to them the same protection it would afford to any of His Majesty's white subjects.  If the Prisoner had a Legal warrant he might have been justified in restraining the Black man's liberty, but such it appeared he had not; His Honor said, "I am bound to tell you he had not a Legal custody of the man, and therefore the Black had a clear right to make his escape if he could."  The Jury after having retired for a considerable time returned a verdict of Not Guilty.  Mr. Manning asked if they found a verdict of Manslaughter. They answered in the negative.  Mr. SOLICITOR-GENERAL, do you call that a Legal Verdict your Honor?  Mr. Justice DOWLING.  I am bound to take the verdict as given, Not Guilty.

An Inquest was held on Sunday morning, on board The Phoenix Hulk, on the body of Owen M'Nally, who was convicted of stealing a quarter of mutton, at the last Court of Quarter Sessions, and sentenced to twelve months' imprisonment on board the Hulk.  The Jury consisted of six free men and six prisoners! From the evidence adduced it appeared, that deceased was of a full habit of body, he began work as usual on Saturday morning, at night he lay down, and died suddenly.  The Jury brought in a verdict of---died by the visitation of God.

 

R v Williams [1835] NSWSupC 95

               

R. v. Preston and others [1835] NSWSupC 90

 

THE AUSTRALIAN, Friday 20 November 1835

An inquest was held on board the Hulk last Sunday, on the body of a man named M'Nally, a prisoner on board; the Jury was composed of six free men and six prisoners on board at the same time---rather a close approximation to "trying a man by his Peers."

 

THE AUSTRALIAN, Tuesday 24 November 1835

A shocking murder has been perpetrated lately on the estate of Mr. Donald M'Intyre; it appears that his overseer, whose name is Free, was charged with killing some of his master's bullocks, and  two convicts employed under him, were the evidence against him; their names were Brown and Killfoil; some ten days ago the Police came to apprehend Free on this charge, but could not succeed, he having hid himself away somewhere; some days after Free appeared at the farm, at a hut where Killfoil was, whom he asked for some slops and then retired; Killfoil followed and watched him, and saw him go into the adjoining bush where Brown was; soon after he came up with him, and found him standing over the deceased beating him with the axe; he ran away in a fright, pursued by Free, but without being caught; information was given, and Free was apprehended and committed to take his trial for murder.

 

THE AUSTRALIAN, Friday 27 November 1835

Overseer shot by mistake at Inverary; from the Herald.

 

THE AUSTRALIAN, Friday 4 December 1835

Deaths.

On the 26th November, in childbirth, at her residence near Campbelltown, Elizabeth Warby, wife of Mr. Benjamin Warby, ...., and in the 27th year of her age.

 

The Sydney Monitor, Saturday 12 December 1835

  An inquest was held on Thursday, at the house of Mr. T. May, Sportsman's Arms, Parramatta street, on the body of John Hall [or Ball], assigned servant to the Rev. Mr. Hill, at the Glebe Farm.  It appeared, that the deceased had expressed himself unwell on Monday, and went to the house of an acquaintance named Thomas, residing near to Mr. May's, and requested Thomas to let him have a little tea, and to remain there during the night, feeling so ill he was fearful of dying in the hut upon the Farm, where there was no one to render him any assistance.  He continued there during the whole of Tuesday, in the middle of the night he sent for Mr. May, and requested to have the advice of Mr. May's medical attendant.  Dr. Burke was sent for; upon his arrival, he found deceased labouring under Tetanus, with a tendency to locked-jaw; he was bled, and every other assistance rendered, but in vain, he died on the following day.  Verdict---Died by the visitation of God.  [When Dr. Burke handed in his certificate to the Coroner, he said he could not allow that opportunity to pass without expressing his sense of the praiseworthy conduct of Mr. May, for the unusual anxiety he had on that, and many other occasions evinced, towards supplying at his own personal cost, medical advice and assistance, to the poor persons in his neighbourhood.]    

An Inquest was held yesterday afternoon at the Tam O'Shanter, Phillip-street, on the body of a young man named Samuel Allcock, an apprentice to Mr. Jones, saddler, George-street.  It appeared he had gone early in the morning into the water, off the point, at Mrs. Macquarie's chair, in the Domain, for the purpose of bathing, and had been seized with cramp (a complaint to which he had previously been much affected).  The body was found about six o'clock floating in deep water, and immediately got out, but life was quite extinct.  Verdict---accidentally drowned.

 

The Sydney Monitor, Wednesday 16 December 1835

An inquest was held on Saturday afternoon, at the Pack Horse Tavern, Campbell Street, on the body of Charlotte Russel an infant five weeks old, which was found dead in bed the same morning. There was a belief it had been overlaid, as both the parents were intoxicated on the previous night.  The Jury, after hearing the whole of the evidence, returned a verdict: died by the visitation of God.

 

THE AUSTRALIAN, Friday 18 December 1835

An Inquest was held at Mr. May's, the Sportsman's Arms, near Cooper's Distillery, on Thursday last, on a man named Ball, assigned to a Mr. Edrop, of the Glebe Farm.  It appeared on a post mortem examination, that the deceased died of lock-jaw, the consequence of exposure to cold.  A promissory note for 100 Pounds was found on him, which was delivered into the care of the Registrar of the Supreme Court, till his family could be communicated with in England, and whose direction was also found on him.

On Friday last, a youth named Alcock, apprenticed to Mr. Jones, the saddler, was found drowned in the Domain.  An inquest was held, which returned a verdict, "Found Drowned."

 

THE AUSTRALIAN, Tuesday 22 December 1835

Death by Fighting.

A soldier of the 17th Regiment, of the name of John Clarke, met his death yesterday noon, in an encounter with a comrade.  A Coroner's Inquest was adjourned to this day.

The body of a man was found yesterday floating in the Cove with his throat cut; it is not known who he is.

 

The Sydney Monitor, Wednesday 23 December 1835

An Inquest was held on Monday at the Rum Puncheon, King's wharf, on the body of John Smith.  It appeared that deceased went down from Sydney on Wednesday to Middle Harbour for the purpose of getting timber, he had been in a state of intoxication from that time until Friday when he attempted to cut his throat, but was prevented, shortly afterwards he was missing.  The body was found on Saturday morning floating in Middle Harbour, verdict---Drowned himself whilst labouring under temporary insanity.

  An Inquest was held yesterday afternoon at the Three Tuns Tavern, King Street, on the body of John Clark a private in H. M. 17th Regiment, who came by his death under the following circumstances.  Deceased who was much addicted to drinking, was intoxicated on Sunday evening when he quarrelled with a fellow soldier Patrick Lawler, and wished to fight, Lawler declined.  On Monday morning they were accompanied by two other soldiers (Thos. Barnett and Thos. McEvoy) as seconds, went to the Domain to fight; they stripped and set to, in the third round deceased struck Lawler down, but whilst sitting on his second's (Barnett) knee previous to commencing the fourth round he suddenly slid down as if in a fit, but was soon discovered to be lifeless.  Dr. Stewart who made a post mortem examination of the body, gave it as his opinion that death was occasioned by apoplexy, there being no marks of blows of such a serious nature as to cause any fatal result.  The Jury returned a verdict accordingly.---Died of apoplexy.---The three Soldiers, Lawler, Barnett and McEvoy, after a serious but suitable admonition from the Coroner, and a caution  to avoid prize-fighting in future, were discharged.

On Tuesday, as a woman named Sharpe, wife to a milkman, was crossing a yard in Bridge Street, where there was a well partly covered over with loose planks, she slipt into it, and was discovered some short time afterwards quite dead.  There will be an inquest geld upon the body to-day.

Constable Duffy who was residing in Phillip-street, having a quarrel with his wife yesterday, snatched up a knife and stabbed her in the left breast, she fell down, and died almost immediately.  Dr. Bloomfield was called in, but life then was quite extinct.  They had lived together upon bad terms for some time previously.  Duffy in now confined in the watchhouse.  The body awaits an inquest.

 

THE AUSTRALIAN, Friday 25 December 1835

The last fortnight has been a busy one for the Coroner---an extraordinary number of deaths having occurred from accident; we have to add to those given in our last, those of a woman killed by her husband, and a suicide, particulars of which are elsewhere given.

Some persons have been lately apprehended on suspicion of being concerned in the murder of Fannon, the shoemaker, who was found dead in the Domain above a year ago.  Nothing has been made public.

 

The Sydney Monitor, Saturday 26 December 1835

An Inquest was held at Mr. Barnes', St. John's Tavern, corner of Bridge and George-street, on Wednesday morning upon the body of Sarah Sharp, who was found drowned in a well the previous day. It appeared the deceased was an unsteady character and had been intoxicated over night, but whether sober, or not in the morning, or how she got into the well, there was no evidence to show.  The Jury accordingly returned a verdict found drowned.

An Inquest was held at the Three Tuns Tavern, on Wednesday, upon the body of Mary Duffy, who had been stabbed by her husband. The principal witness was, Mr. Abbott, (a lodger in the house of the deceased) who said, on Thursday after breakfast, whilst in his bed room, he heard deceased and her husband (Patrick Duffy, a constable) having some words, and from what he understood, the husband was about to damage a chair, in order to vex deceased.  There was a noise, as if she was attempting to prevent him, immediately afterwards he heard her say Abbott! Abbott!  He then went into the room where they were.  Duffy was standing near the outer door and deceased close by the bed-room.  There was blood streaming from her left breast.  He put his hand to the wound to stop the blood.  She soon became quite faint, and he supported her with his arm.  He said, Duffy, what have you done? Go for a Doctor.  Duffy then appeared to be "electrified or shocked," and went away as if for a Doctor.  Deceased never spoke, she gave a heavy sigh, and as he thought fainted.  There was a knife laying near to her with blood upon it, (a common table knife).  A moment after Duffy went out, a woman came in who was an acquaintance of Duffy, whom witness sent for a Doctor; she brought Dr. Bloomfield, who examined the wound.  He said, it could not be mortal where it hit, but if lower down it would have been.  He probed the wound, and it appeared to be about half an inch in depth.  Witness not liking the appearance of deceased, expressed his feeling to the doctor, who then felt her pulse, and pronounced her dead.  Duffy and deceased were frequently intoxicated, and when in that state always quarrelled.  Duffy had on such occasions s taken up the broom to her, and would have taken up any thing else that laid within his reach.  He (witness) had taken the knives from the table when they were in liquor, in order to prevent mischief.  They were both (Duffy and deceased) drunk the night before, but were not so on that morning.  Had heard deceased say to Duffy, that he would take her life some time or other.  In their quarrels she would throw any thing at him, or, he at her, but they never quarrelled when sober.

Their irregular habits and constant quarrels were confirmed by other evidence.

Messrs. Bloomfield and Stewart, made a post mortem examination of the body, upon which it appeared, that the knife had entered the left breast and taken an oblique direction downwards, to the depth of four of five inches, that it would require considerable force to inflict such a wound, and that it was not possible for deceased to have done it herself.  The Coroner having read through the whole of the evidence, the jury after a short consultation, returned a verdict of wilful murder against her husband, (Patrick Duffy,) who was then committed to take his trial for the offence.

An Inquest was held yesterday afternoon at the Black Dog, Tavern, Glos'ter-street, on the body of Patrick Hyland, a seafaring man, who died suddenly in the morning; deceased had been drinking during the day with a man named George Lloyd, they (being both intoxicated) quarrelled about a shilling, and in order that they might satisfactorily end the dispute stood up to fight.  Lloyd struck the deceased with a small stick, or switch, when deceased fell down insensible, and died shortly afterwards.  There was no evidence as to any blows being given, nor did the body present any appearance of violence having been inflicted.  Mr. Stewart was of opinion the deceased died by apoplexy.  The Jury after a short consultation, returned a verdict to that effect.

 

THE AUSTRALIAN, Tuesday 29 December 1835

On Christmas day, a man named William M'Grath was taken into custody and placed in the watchhouse, having been found in the streets in a state of intoxication; on his being brought in, he became so unwell that it was found necessary to convey him to the hospital, where he shortly after expired.  The surgeon stated apoplexy to have been the cause.---Herald.

 

The Sydney Monitor, Wednesday 30 December 1835

ANOTHER VICTIM TO INTEMPERANCE.---An inquest was held yesterday afternoon, at the Duke of Gloucester Tavern, Gloucester-street, on the body of John Knox, who died suddenly on the previous evening.  It appeared deceased had been out drinking, and returned home in a helpless state of intoxication, shortly after being helped upon the bed he was discovered dead.  Dr. Nicholson, who had seen the body, gave it as his opinion that death was caused by apoplexy brought on by excessive intoxication.  The jury returned a verdict accordingly.

Another Inquest was held last evening on the body of a man named Thomas Smith, late a clerk with Mr. M'Quade, Pitt-street, who came by his death under the following circumstances.  Mr. Wrangham, York-street, with deceased and four other persons, went out on Sunday in a sailing boat; they had crossed Cockle Bay, but when opposite to the old windmill upon Johnston's Point, in making a tack, the boat upset; Mr. Wrangham with two men, clung to the boat, the two others swam ashore, deceased in attempting to follow them, went down, and was not afterwards seen until yesterday morning, when the body was discovered by some workmen, floating upon the water, near to the windmill.  Mr. Surgeon Stewart gave it, as his opinion, that death was occasioned by drowning.  The Jury in consequence returned a verdict.---Accidentally drowned.

ANOTHER VICTIM TO INTEMPERANCE.---An Inquest was held on Saturday at the Three Tuns tavern, King-street, upon the body of William Magrath.  It appeared that deceased was in the street drunk on Thursday night, and being picked up by the Police, was put into the watch-house along with several other members of the anti-temperance society.  On the following morning he complained of being unwell, and was removed to the Hospital, where he died about four o'clock in the afternoon.  Dr. Mitchell made a post mortem examination of the body, and was of opinion that death was caused by apoplexy.  The Jury found a verdict accordingly.

 

 

 

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