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Colonial Cases

1836INSW

THE AUSTRALIAN, Friday 1 January 1836

A Coroner's Inquest was held on Tuesday last at a public house in Gloucester-street, on the body of a man named Knox, who expired suddenly the previous evening.  It appeared that he had for some time past given way to excessive intoxication.

Soldier Killed.

We regret to hear that a soldier of the IVth Regt. on detachment at Emu, met his death a few days back, under the following circumstances:---A dray was passing Emu Plains, on its way up the country, on which was a keg of spirits; the driver and others following the dray, stopped there for the night, broached the keg, and allowed two soldiers to partake of the contents with them; one of the soldiers, the deceased, got into an argument with one of the men on the merits of the two great parties of Ireland, both parties being of that country; from words they came to blows, and one of the soldiers ran away, leaving his comrade, who was found the next morning with his skull fractured.  It seems that the soldier who escaped, went straight to a neighbouring hut, tenanted by [bad??] female characters, and remained there all night; the Authorities of the district have cleared out the inmates of the latter, and have taken into custody the men who are supposed to have committed the offence above related.  It does not seem that there was any premeditation in the murder.

   On Sunday, a boat standing across Darling Harbour, under sail, was capsized near the Old Mill and the man who was working her was drowned.

   On Thursday, an aged man, named Knox was picked up in Sussex-street, dead.  On the body being examined, it appeared that apoplexy had caused his death.  The deceased had been in the Colony upwards of thirty five years.

MURDER AT BATHURST.---From a Correspondent.

One of those diabolical outrages which disgrace human society occurred in this vicinity some few days back, in the murder, under circumstances of the deepest atrocity, of the wife of a settler named Fitzpatrick, residing near Lewis' Ponds. The husband of the unfortunate woman had left her alone at their dwelling place while he went to bring up his cattle.  The wandering of the herd occasioned his protracted stay, and on his return to his home, the appalling spectacle of his murdered wife was the first object which presented itself, lying in a mangled state outside the house.  Bruises and fractures covered the corpse, which appeared eventually to have been deprived of life by a deep incision in the throat.  A broken pitchfork handle lay beside the body---the house had been plundered of property to a considerable amount, and no trace could be discovered of the murderers.  In the course of the proceedings before the coroner, suspicion lighted upon two men who occupied a lonely hut at four miles distance, they were immediately apprehended, and we are happy to say that there is every reason to expect that the guilty parties will be forth-with brought to punishment.---Colonist.

   A prisoner of the name of [Martin] M'Cormick died suddenly in Hyde Park Barracks on Friday last; he had been put into the lock up for some offence, and early in the morning disturbed his companions by vomiting; on a light being brought it was found that he had brought up large quantities of blood; soon after which he expired; an inquest was held the next day when it appeared that deceased died of Pulmonary Apoplexy.

   An Inquest was held the previous day on the body of a servant [John Keeling] of Mr. R. Coopers, who was found dead in his hut at Black Wattle Swamp the previous day; it appeared that he had gone to bed very much intoxicated, and had died from Apoplexy.

 

The Sydney Monitor, Saturday 2 January 1836

AN INQUEST was held on Thursday, at the Sportsman's Arms, Black Wattle Swamp, on the body of John Keeling, in the employ of Mr. Robert Cooper, Distiller.  It appeared the deceased slept alone in a small hut on the farm, and on Tuesday went to be intoxicated; not making his appearance during Wednesday a search was made for him on the following morning, when he was discovered in his hut, dead; the body in an advanced state of decomposition.  Mr. Stewart examined the body which presented no marks of violence.  The Jury after a short consultation returned a verdict.  Died by the visitation of God.

   An inquest was held yesterday afternoon at the Three Tuns Tavern King-street, on the body of a prisoner of the Crown, named Martin M'Cormick.  It appeared that the deceased was attached to Hyde Park Barracks, and had been put into the watch-house for disobedience of orders, where he remained.  About half past twelve o'clock on Friday morning, he awoke and enquired what time it was, he had no sooner done this, than he commenced vomiting.  Another of the prisoners called to the watchman for a light, when brought, they perceived blood flowing from the mouth of the deceased, he died in a few minutes afterwards.  Mr. Stewart examined the body, and gave it as his opinion, that death had been occasioned by hermothege on the lungs, or what is termed Pulmonary Apoplexy.  The Jury, without hesitation, returned a verdict to that effect.

SOLDIER KILLED - EMU PLAINS?

 

THE AUSTRALIAN, Tuesday 5 January 1836

We are glad to report the apprehension of three individuals, charged with being the perpetrators of the barbarous murder of the woman Fitzpatrick, for the discovery of which fifty pounds and a pardon is offered.

   ... the Rachael was also to have sailed at the same time for that port [Hobart Town], but was prevented by the sudden death from apoplexy, of her Commander, captain Potter.

   A Coroner's Inquest was held yesterday afternoon at the Patent Slip, Sussex-street, on the body of Mr. John W. Pittman, who had previously been admitted as an attorney, &c. of the Supreme Court, but latterly had acted as reporter to one or more of the Colonial journals.  It appeared that the deceased had breakfasted with a friend at Mr. Toogood's, King-street, on Sunday morning last, and had not been seen from that time until his body was found drowned yesterday by Edrop's Slaughter House.  Upon deceased's person was found two pounds one shilling and twopence, and an order for 17 Pounds, together with a discharge from the office for which he had hitherto acted in the capacity of reporter.  From the nature of the evidence adduced at the Inquest, the Jury returned a verdict of "Drowned himself during a temporary derangement."  

 

The Sydney Monitor, Wednesday 6 January 1836

   An Inquest was held on Monday at the Patent Slip Tavern corner of Sussex and king-streets, upon the body of Richard Pitman, who was found drowned in Darling Harbour that morning.  It appeared in evidence that for a few days previous deceased had been labouring under an aberration of mind occasioned by over excitement and intemperance.  On Sunday night about twelve o'clock he was seen running very fast down King-street towards the water, without either shoes, hat, stockings or handkerchief; unfortunately the party who observed him, knowing him to be occasion ally strange in his conduct, was impressed with a belief deceased had been robbed and was running for a constable, and therefore took no means to stop him.  About six o'clock in the morning, the body was seen floating close in shore, by the Chief Officer of the Mic Mac, now on the Patent Slip.  There were in the deceased pockets a cheque for $(Pounds)19, two $(Pounds)1 notes with one shilling and 2d. a memo book and several private papers.  Some recent entries in the book plainly evinced a mind diseased.  Mr. Stewart closely examined the body.  The Jury without any hesitation found---that deceased was drowned whilst labouring under temporary insanity.  The deceased was a gentleman of great respectability, and brought out letters of introduction to several of the most respectable gentlemen in the Colony.  His father is a solicitor in London of forty years standing.  Mr. P junior was also a solicitor and had been admitted by the Supreme Court, but not obtaining any practice, he joined the press as a reporter.

   An Inquest was held yesterday at the Cat and Mutton Tavern, corner of Kent and Erskine-streets, upon the body of John Sweeny, a Ticket-of-leave holder, who met his death at Soldier's point, under the following circumstances.  Deceased had been employed in working a wood-boat; his boat having run upon the rock early in the morning, he stripped in order to get her off, when, it is supposed, he slipped off into the deep water; he was seen struggling, but ere assistance could arrive, he had sunk under a shelving rock.  About half-an-hour afterwards, he was got out by a young man, who dived down for him.  He was then quite dead.  Mr. Stewart examined the body and certified there were no marks of violence.  Verdict---accidentally drowned.

   Another inquest was held the same evening, at the "Three Tuns" Tavern, King-street, upon the body of Thomas Higgins, (a prisoner of the Crown assigned to Mr. Thos. Street,) who had died suddenly in the Hospital on that morning.  It appeared that the deceased had received a slight scratch upon one of his fingers, which produced locked jaw.  The Jury returned a verdict---"Died through the visitation of God." 

 

THE AUSTRALIAN, Tuesday 12 January 1836

A soldier of the 28th Regiment, named Edward Ridley, was unfortunately drowned a few days ago while swimming off Goat Island.  Two aborigines dived for him, but life was extinct.  The verdict of the Coroner's inquest was [??Found Drowned."??]

 

THE AUSTRALIAN, Friday 15 January 1836

Human Head found.

A soldier walking in the Domain on Thursday last discovered a human head floating in the water; it was recognised as that of a Mr. John Farren, a Custom House tide waiter, who had been missing since Saturday from his house in Macquarie Place.  Mr. Stewart, a surgeon, deposed at the inquest that the head must have been severed from the body, and not by deceased himself.  No clue is yet found to the real truth of the matter.  The Jury returned a verdict of wilful murder against some person or persons unknown.  It is a remarkable circumstance that an attempt was made on the life of this unfortunate man, in the Domain about eight months ago by three ruffians, who notwithstanding a reward being offered were never heard of.

 

The Sydney Monitor, Saturday 16 January 1836

   An inquest was held at the "Three Tuns" tavern, King-street upon the head of John Farren, lately attached to the Custom House, but who had been missing since Saturday last.  It appeared from the evidence that on Saturday morning, about six o'clock deceased went out for the purpose of bathing, as was his usual custom, towards the Fig Tree in the Domain, and was not again heard of until Tuesday evening when Thomas Bagatt, a corporal in His Majesty's 17th regiment, having been upon the beach at Fort Macquarie getting oysters, discovered the head lying on the rocks out of the water but within the tide mark.  It was clearly identified by an intimate friend of Farren, as being his head.  From the evidence of Surgeon Stewart, who had carefully examined the head, it would seem that the vertebrae of the neck had been partly cut through and then the head forcibly wrenched or broken off from the trunk.  It was impossible that deceased himself could have done.  He was a very peaceable quiet man, and was not known to have had any quarrel or disagreement with any other person.  He had neither money nor watch in his possession at the time he left his lodgings.  The Jury under the direction of the Coroner returned a verdict of wilful murder against, some person or persons unknown.  The body of the unfortunate man, nor any of his clothes have yet been discovered.  It was elicited during the above investigation, that about nine months ago, deceased having gone to the Domain for the purpose of bathing, after he had undressed himself he was attacked by two ruffians, who threw a frock over his eyes and after beating him severely threw him violently down, and pitched him into the water, a boat fortunately passed by shortly after, saw him, and took him out or he would have lost his life.  The ruffians took away part of his clothes.  On that occasion a reward of $(Pounds)20 was offered for their apprehension but they were not discovered.

 

The Sydney Monitor, Saturday 23 January 1836

Loss of the Pandora at Port Stephens Head; (5 men 1 woman) drowned, Inquest held, no names.

   A man named M'Donald, who was examined before Sir John Jamison on a charge of cattle stealing about a year ago, was killed by his brother in  rather a cool manner, they were disputing about some cattle when without any warning, he snatched up an axe, and cut him down!  He then merely observed, "I have killed my brother, and will hang for him like a man!"

 

THE AUSTRALIAN, Friday 29 January 1836

In another column will be found an account of a murder committed lately by a Highlander of the name of M'Donald upon a companion; it appears that they had been drinking and the act was committed from its effects.  It also appears that the rum of which the above murder has been the result, was being conveyed up the country in a dray, and that some police have been despatched after it.  [continues.]

   A man named M'Donald, who was examined before Sir John Jamison on a charge of cattle stealing about a year ago, was killed by his brother in a rather cool manner, they were disputing about some cattle, when without any warning, he snatched up an axe, and cut him down !  He then merely observed, "I have killed my brother, and will hang for him like a man."

 

THE AUSTRALIAN, Tuesday 2 February 1836

Yesterday was a delightful day in Sydney ..... we did hear that a woman had been killed in Pitt-street from a piece of rock being blown into her face, and that a child had its skull fractured from the same cause, but we are not certain of its truth.

 

 

R v Murrell and Bummaree (1836) 1 Legge 72; [1836] NSWSupC 35

 

THE AUSTRALIAN, Tuesday 9 February 1836

CURIOUS COINCIDENCE.

It is rather a curious fact that three Highlanders of the name of Macdonald, but no relations, should have lived for some time back in the same hut---that one of them had his brains kicked out by a mounted policeman's horse on the 25th January 1835,---and that on the 25th of January, 1836, the second was committed to take his trial (as mentioned in our last) for the murder of the third. [actually issue 29 January.]

EXECUTION.

Yesterday morning the three unhappy men, Doyle, Jones, and Arundel, convicted of murder, and whose trial appears in another part of our paper, underwent the extreme sentence of the law.  Doyle declined saying anything; Jones acknowledged his guilt, and said that the woman was so strong for him in the scuffle they had, that he was obliged to have recourse to a knife he had in his pocket; Arundel exclaimed after the cap was drawn over his face, that "he was a murdered man."  The bodies after hanging the usual time were conveyed to the General Hospital for dissection. ...

Law Intelligence.

SUPREME COURT.---CRIMINAL SIDE.

FRIDAY, FEB. 5, 1835.---Before His Honor the CHIEF JUSTICE, and a Civil Jury.

   William, alias, Peter Doyle stood indicted for the wilful murder of John Molloy, in the district of Bathurst, on the 20th November last, by inflicting one mortal wound on the right side of his head with a stick of which wound he languished till the 27th of the same month.

   Robert Whittaker examined.---I am assigned to Mr. Charles Marsden, who lives near Mount York, at a place called Marsden Swamp; I knew the deceased John Molloy, he was shepherd to Mr. West, and lived near Mount Victoria---he is now dead.  The last time I saw him alive was on the 23d of November; was at an inquest held on his body 8 or 9 days after I last saw him alive; do not know how he came by his death; was passing the house where Molloy slept and a man named James Walsh came out and said he was lost, as part of his sheep had come home the night previous and part that morning, and he had not accompanied them.  I said that some person ought to go and seek him, and told a man named Fox to acquaint Mr. Grant with the circumstance, he being son-in-law to Mr. West.  Next time I passed, Walsh [sic] was not dead but badly beaten, this was three days after he was missed.  I went to where the deceased lay; he was lying on the bare ground in the bush within about a mile of the hut, his head was laid close to the ground, he could neither move nor raise it up; I said it was a pity he did not know who beat him, to which he replied that he knew well; he appeared to be quite sensible and said that he feared he should die that night as he was not found sooner; he said he did not know the man's name that beat him but that he belonged to a road party; I asked the deceased if he knew me and he said he did well, that I was "Bob the Stockman;" he then stated that two men came up to him, he said he was badly off for money, and the old man told him that he had got none, to which he replied, "you lie, you old  scoundrel, where is the pocket book you had."  It was reported, about the neighbourhood that Molloy had money; the deceased requested him to go to his hut and the men would convince him that he had no money; this he declined doing, and then struck him a blow with a stick and observed, "that will settle you;" he then returned the pocket book which he had taken, saying "it is of no use to me, you have  got no money."  The pocket book was in his pocket, together with a ticket of freedom and an old knife; he said that the man that struck him had on a cord trowsers, light jacket, and straw hat; he also said that it was on the afternoon of the previous Friday that he was beaten.  With the assistance of Walsh I carried him to the hut on a sheet of bark, and then went to Mr. Grants and informed him of what I had seen; when I found him lying on the ground he had a deep cut on the right eye, which together with his eyes was full of insects; he was an old man upwards of seventy; I also observed a severe bruise on his side which appeared to be the effects of a kick; he had several lesser wounds; deceased said he had a struggle with the man and struck him on the face but could not knock him down; I went back to examine the place where the old man was lying about a week after, and saw a deep track of a man's foot; the ground had been moist from rain on the previous Sunday and Monday; the tracks led in the direction of Mount York from where deceased was beaten, they were shoe tracks.  I pointed out the tracks to the coroner and some other gentlemen.  Constable Robinson produced a pair of shoes on that occasion, one of which was fitted to the track but it appeared rather long.

   Dr. William Parry examined.---I was called to attend an inquest on the body of Molloy on the 2d of December last, at a place called Gaol Creek; the body had been disinterred---there was a contused wound over the angle of the right eye about two inches in length, there was a contused wound of the same length at the back of the head also; the wounds might be produced by a heavy stick; I am certain that the injuries sustained by deceased in the head was sufficient to produce death.  In answer to a question by a juror, "I think it possible for deceased to retain his senses after such wounds until mortification would ensue."

   James Walsh, hut keeper, in the employ of Mr. West, corroborated the testimony of Whittaker as to the manner in which the deceased was found.  He said that he washed the body after death which appeared to be dreadfully beaten; he lived to the Friday following and never deviated in his story as to the manner in which he had been beaten; he also said that the man that beat him used to make straw hats at Mr. Grants.  He raved incessantly on the Thursday and Friday previous to his death.

   David Power, an Irish witness, assigned to Mr. Grant, was next examined through an interpreter---he described the manner in which he found the deceased (being the first that found him), that his forehead was very much cut and a number of insects on it.

   John Rowell examined.---I am overseer of a building party stationed at Mount Victoria; the prisoner belonged to that party in November last, and is known by the appellation of the hat maker.  Hearing that Molloy was beaten, I suspected the prisoner to be the man from the description of his clothes.  I took him into custody in consequence, and observed spots on his clothing which I supposed to be blood; he had at the same time a second trowsers pulled over the cord ones.---Witness here produced the clothes, pointed out the spots, and said that when the prisoner was asked how the blood got on his clothes, he replied that he did not know; the knees of the trowsers had been washed as if to take out the blood.

   In answer to a question from the prisoner the witness stated that if he entertained a suspicion of being apprehended he had every opportunity of making away with the clothes.

   Thomas Robert Moore, clerk to the road department stationed at Mount Victoria, proved to the witness having obtained a pass on the 20 Nov. for the purpose of getting a ticket of leave signed; he also stated that the prisoner was the only individual belonging to the party who was absent on that date.

   Constable William Robertson was next examined, who stated that he went to examine the track and fitted the shoe thereto, one of which fitted exactly, the other did not in consequence of the heel being cut therefrom by the prisoner.

   John Liscombe, Esq., coroner, stated that after the inquest on Molloy he went and examined the tracks; they were in a mixture of gravel and clay which would retain the impression for a considerable time, the shoes fitted the tracks exactly.

   This closed the case for the prosecution.  For the defence the prisoner called three witnesses belonging to the same party to which he was attached, with a view of proving an alibi, but their testimony was of no avail.

   The Chief Justice summed up minutely and at considerable length, observing that the evidence throughout was circumstantial, and drawing the attention of the Jury to the strong facts of the blood on the prisoner's clothes, the shoe tracks, and the declaration of the old man.  The Jury after a brief consultation returned into Court with a verdict of GUILTY.

   The prisoner being called upon by the Clerk of the Court to know if he had any thing to say why sentence of death should not be passed on him, said he left it to Almighty God---after which His Honour addressed the prisoner in a short impressive manner, on the enormity of the offence for which he was about to suffer, and concluded by sentencing him to be hanged on Monday the 8th inst., and his body dissected.

   Jack Congo Murrell, an aboriginal native, stood indicted for the wilful murder of one of his tribe, called Jabingee, by striking him on the head with a tomahawk, on the King's Highway, on the 21st December.

   On being called to "plead," Mr. Sydney Stephen, who was appointed counsel for the deceased, put in a written plea in bar, which the Chief Justice stated to have been drawn up very ingeniously, and said that on the following morning he would offer an opinion thereon.  The plea set forth amongst other things that the Aborigines previous to and since the occupation of the territory by the subjects of His Britannic Majesty, were guided by usages of their own and not by the laws of Great Britain---that he was not a subject of the King of Great Britain and Ireland, and therefore was not amenable to any of his laws or statutes---that if he was guilty of the offence he would be compelled to stand any number of spears that the friends and relatives of the deceased may choose to hurl at him, and that his acquittal by this court would not screen him from undergoing such punishment, as the different tribes did not recognize any power vested therein to adjudicate between them.

SATURDAY.

At the opening of the Court this morning, the Chief Justice gave it as his opinion that the plea put in by Mr. Sydney Stephen on the part of the Aborigine accused of the murder of one of their tribe was perfectly just; as for any acts of violence committed by the natives against each other, even if it amounted to death, they were subject to the custom of their own laws; the plea put in was not what is commonly called a plea in abatement, he was aware of no insufficiency therein, and it must have been got up at great trouble by the learned counsel.  The subject was one which called for the earnest attention of the legislature, yet he thought that in the present case the better way would be to try the general issue, and he pledged himself on the part of the court that the accused should have the advantage of any objection  that might arise.

   Mr. Stephen declined acceding to the proposition as the subject was one of the greatest importance, and in which he wished to have the opinion of the whole court.  It was postponed accordingly.

Forbes C.J., 6 February 1836

Saturday. - At the opening of the Court this morning, the Chief Justice gave it as his opinion that the plea put in by Mr. Sydney Stephen on the part of the Aborigine accused of the murder of one of their tribe was perfectly just; as for any acts of violence committed by the natives against each other, even if it amounted to death, they were subject to the custom of their own laws; the plea put in was not what is commonly called a plea in abatement, he was aware of no insufficiency therein, and it must have been got up at great trouble by the learned counsel.  The subject was one which called for the earnest attention of the legislature, yet he thought that in the present case the better way would be to try the general issue, and he pledged himself on the part of the court that the accused should have the advantage of any objection that might arise.

Mr. Stephen declined acceding to this proposition as the subject was one of great importance, and in which he wished to have the opinion of the whole court.  It was postponed accordingly.

[*] This important, but generally overlooked, passage shows that the initial view of Forbes C.J. was the same as he had expressed in R v. Ballard, 1829.  As is evident below, two months later he completely reversed his opinion when the matter was decided by all three judges.

Murder case.

Thomas Arundel, Edward Jones, and James Savage, stood indicted for the wilful murder of Margaret Fitzpatrick, in the district of Bathurst, on the 10th of December.

   William Fitzpatrick examined.---I reside at Lewis Ponds in the district of Bathurst; I am free and was the husband of Margaret Fitzpatrick now dead.  I left her in good health between one and two o'clock on the 10th of December; I returned about four, my wife was then lying about six or seven yards outside the door.  She lay on her left side and face; the left side of her neck was cut the length of two inches, her head was much battered, and there was a great quantity of blood alongside her; she wore a straw hat on that day but she had not one on at the time.  I went to Mr. Toms who lives about 3 miles from me for assistance, he sent a man with me named Brady, on our arrival Brady found part of the handle of a pitch-fork, it had been broken and the prong knocked off; I left it standing against the barn door when I went from home on that day; there was a splinter of the stick in my wife's hair; After I went back with Brady we entered the house; I saw at once that it had been robbed, the lids of the two boxes were open and thrown back.

   The splinter was here produced that was got in deceased's hair and appeared to be about a foot in length, and the blow that separated it from, and broke the handle of, the pitch-fork must have been given with great violence.

   The first thing I saw was the pocket book open and a number of papers strewed about; I lost a number of articles, among the rest a pair of boots; they also took 14 Pounds 4s. in money; the combs were smashed in her head, and her body and shoulders were beaten quite black; three horn shirt buttons were found, one of which was under my wife's body; they appeared to be pulled off in the scuffle, my wife had no such buttons in her clothes nor did they belong to me; the prisoner Jones was at my house ten days before this happened; I was coming out of the stock yard at the time, and my wife asked him if he was not there before, he said not, and my wife said that he was not right.  I have seen the prisoner Arundel once, and Savage several times.  When Jones left my place he went in the direction of where the other two prisoners worked in the bush; the boots now produced are my property, they were taken out of my house and from my bed side the day of the murder and robbery.  I did not see them again until I saw them at the court house, at Bathurst.

   Mr. George Busby, surgeon---I examined the body of Margaret Fitzpatrick at Lewis' Ponds before the Coroner, on the 11th of December last; I found two contusions on the head; one was covered with a deal of lacerated skin, and under both there was a great deal of coagulated blood; the skull was not fractured, it had no appearance of injury; there was a deep incised wound on the left side of the neck about two inches in length, and in which some of the principal blood vessels had been divided; I have no doubt from the effusion of blood, of which there was a considerable quantity about the place, but the wound in the neck was the cause of death; the wound in the neck was produced by some sharp instrument.

   Richard Brady was next examined, and corroborated that of Fitzpatrick as to the manner in which the body was found.

   Peter [Reily??]---I am assigned to Mr. Hawkes; I know the prisoners Savage and Arundel; they were working in the bush for Mr. Glaston, about four miles from Fitzpatrick's hut at the time of the murder; Savage was a hut mate of mine; I saw Jones about three weeks before the murder, when he said "he was wrong," by which I understood that he meant he was a bushranger, and I told him to leave the hut, which he did; a few nights after I saw him at Arundel's hut; heard Arundel ask him why he did not go and kill a chumby (sheep)? to which Jones replied he had a better prize nearer at hand; I saw him there again about a week after; I know the shirt produced to be Arundel's; I have seen him wear it; there are marks of blood on it; one of these knives is Arundel's and the other is Savage's; there was blood on Arundel's knife when I saw it at the Police Office; it is still there.

   Other witnesses were called, who proved to the fact of Jones having absented himself from his party, and taken the bush; also that the boots sworn to by Fitzpatrick as his property, were worn by Jones at the time he was apprehended.

   The prisoners in their defence denied having any knowledge of the transaction; and the Judge having charged the Jury, they retired for about half an hour, and on coming into Court delivered a verdict of guilty against Arundel and Jones, and acquitted Savage.  His Honor in passing sentence, remarked briefly on the enormity of the crime of which they were found guilty, and the little hope there was of mercy being extended to them in this life, he therefore exhorted them to make the best use of the little time they had to live, and proceeded to pass on them the extreme sentence of the law, to be carried into effect on Monday the 8th instant, after which their bodies were to be dissected and anatomised.

   Arundel on being removed from the bar, said he was a murdered man.

  

R v McCarthy [1836] NSWSupC 3

 

THE AUSTRALIAN, Friday 12 February 1836

Law Intelligence.

SUPREME COURT,---CRIMINAL SIDE.

MONDAY.---(Before Mr. Justice Burton and a Civil Jury.)---James Wood was indicted for manslaughter, in killing and slaying one Charles Fowler, on the 30th December last.  The deceased it appeared was in a state of intoxication, and acted in an outrageous manner at the time of the occurrence; he received a blow on the side of the neck, from a stick, but whether given by the prisoner in defending himself, did not appear, nor was it proved from the absence of a post mortem examination, whether the deceased came by his death in consequence of the blow, or from a fit of apoplexy produced by passion and excess of liquor.  Not Guilty.

Tuesday.---(Before His Honor the Chief Justice and a Military Jury.)---John Redall was placed at the bar, charged with the manslaughter of one Thomas Taylor, at Peterborough, in the district of Illawarra, on the 15th December last.

   This case excited considerable interest from the respectable character obtained by the accused.  It appeared that on the day laid in the indictment, deceased was in a state of inebriety, at the residence of the prisoner, and conducted himself on several occasions, in a violent manner; that every pacific means was resorted to for the purpose of inducing him to quit the farm, but all to no purpose; that Mr. Reddall, for the purpose of intimidating him, incautiously brought out a double barrell gun, which he loaded for the purpose of shooting wild fowl, the appearance of which only excited the deceased the more, that he flew to the accused and seized the gun, and it being a "hair trigger" it went off in the scuffle, and producing a dreadful fracture.  It further appeared, that amputation was resorted to the next day, as the only chance of saving life, but that after the operation was performed, deceased only lived five hours, declaring to the last, that the accident [??????] through his own ungovernable temper, and acquitting Mr. Reddall of any intention  of injuring him.

   His Honor having summed up the case, and pointed out such parts of the evidence as bore thereon, the Jury after a short consultation, returned a verdict of Not Guilty.

 

R v Poignand [1836] NSWSupC 6

 

R v James (1836) NSW Sel Cas (Dowling) 309; [1836] NSWSupC 59

 

R v Hare [1836] NSWSupC 5

 

THE AUSTRALIAN, Tuesday 16 February 1836

Execution.

Yesterday morning the unfortunate man, Richard Duffy, underwent the extreme penalty of the law for the murder of his wife (a report of which will be found in another column), after the fatal bolt was drawn, he appeared dreadfully convulsed.

Coroner's Inquest.

On Thursday last, a Coroner's Inquest was held at the "Three Tuns," King-street, on the body of a man named Evan Humphries, who died in the General Hospital the preceding day.  It appeared in evidence that the deceased being found in a state of intoxication in the street, was conveyed to the watch-house, and thence to the hospital, where he shortly after died of apoplexy, brought on by intemperance.  The jury found a verdict accordingly.

Law Intelligence.

SUPREME COURT.---CRIMINAL SIDE.

FRIDAY, 11th.  Before Chief Justice Forbes and a Military Jury.

   Robert Duffy stood indicted for the murder of Mary Duffy, his wife, in Sydney, on the 22nd of December last.

   Wm. Abbott examined.---I reside at Camden, I was in town in December last, at the house of Robert Duffy, Phillip-street.  I knew Mary Duffy, she is now dead; I saw her dead on that date.  On that morning Robert Duffy and his wife had some quarrelling; I was in my bed room and heard Mrs. Duffy called Mr. Abbott twice; I came out of the bed room and saw her standing and blood spouting out of her breast.  Duffy was standing within a few yards of her; I asked him what he had done, and he looked horrified.  A knife was lying on the floor within about two feet of the bed.  I told Duffy he ought to go for a doctor, he went out as if to go; I put my arm round Mrs. Duffy's waist, and supported her from falling till I placed her in a chair.  Shortly after a woman came in whom I requested would go for a doctor, and I think the gentleman that came was Dr. Bloomfield.  This happened I should think between eleven and twelve o'clock; I asked the Doctor if the wound was mortal, and he said after probing it he thought not, but on raising her eyelid he said she was dead; I did not lose sight of her till she expired.  The next time I saw Duffy, after I told him he ought to go for a Doctor, was when the constable had him in custody, which was about half an hour; he never paid any attention to his wife nor came to the room until the constable had him in custody.  There was no person in the room but deceased, prisoner, and myself; there were marks of blood on the knife, it was Duffy's property, the one produced is the same. [It was a white hafted new knife reduced to a point.]

   Examined by Mr. Therry.---I could not have seen any thing that occurred from the position in which I lay; all I heard her say was, Mr. Abbott ! Mr. Abbott ! saw nothing, heard nothing, but what I have stated.  Heard some words between Duffy and his wife relative to a chair and then heard a rush.  When sober they were affectionate and industrious, when they drank it was otherwise:---they breakfasted together that morning; when I liquor she used very provoking language towards him, they had been drinking that morning.

   Re-examined.---When drunk he was violent and would take up any thing that came to his hand, they took weapons to one another and she frequently told him that he would be the cause of her death.

   C. S. Bloomfield, Esq. Surgeon.---I was called on in December last to visit a woman, named Mary Duffy, who resided in Phillip-street; when I entered she was leaning in a chair on last witness, her breast was exposed there was a wound about the third rib on the left side, the woman was dead on my arrival, I supposed at first she had fainted; I examined her at the post mortem examination, I compared the knife to the wound and it fitted.  I am of opinion  most decidedly the wound was the cause of death.  The knive went through the left ventricle of the heart and, consequently, it discharged its contents at once.  It must have been given with considerable violence from the jagged state of the fourth rib.

   Cross-examined.---The knife entered between three and four inches, it pierced through the left globe of the lungs, right into the ventricle.

   J. Stewart, surgeon, examined.---The stab must have been given with very great violence, it was a clean punctured wound and was the cause of death.

   Wm. Cunningham examined.---I am a constable, I know the prisoner, took him into custody on a charge of stabbing his wife, took him in the rear of his house; I brought him into Phillip street, and he told me going along that his wife had thrown a chair at him and that what was done was an accident.

   This closed the case for the prosecution, the prisoner declined saying anything in his defence, and his Honour having summed up the evidence, the jury after a few moments consideration, returned a verdict of Guilty.  After which the learned judge proceeded to pass on the unhappy man the extreme sentence of the law, to be carried into effect on Monday, the 15th instant, after which his body was to be dissected.

 

The Sydney Monitor, Wednesday 17 February 1836

SUPREME COURT,---CRIMINAL SIDE.

FRIDAY, FEB. 13th---Before the Chief Justice and a Civil Jury.

   Robert Duffy stood indicted for the wilful murder of his wife, Mary Duffey, Phillip-street, Sydney, in Dec. last.  It appeared that both husband and wife were frequently in the habit of drinking to excess, and when intoxicated invariably quarrelled.  On the morning of the day upon which the murder was committed, they had been drinking, and words ensued between them; the wife, to aggravate the husband, pretended to break a chair, when he suddenly took up a table knife and plunged it into her left breast to the depth of three or four inches.  She called out to a lodger named Abbot, who was in an adjoining room; when he came out he saw blood flowing from her breast; he supported her for a time, and placed his hand upon the wound in order to staunch the bleeding; she became faint, and he placed her upon a sofa.  In the interim, the husband had gone for a surgeon.  Mr. Bloomfield was brought, who, upon probing the wound, did not at first consider it dangerous, the probe having struck against one of the ribs; she, however, died in a few minutes afterwards. The Jury after a brief absence, returned a verdict of Guilty.  The Chief Justice then passed sentence of death, and ordered him for execution on Monday morning.

   An Inquest was held on Sunday morning at the Three Tuns Tavern, King-street, upon the body of Mary Burke, who had died suddenly on the previous day.  Verdict, Died by the Visitation of God.

   Another Inquest was held on Monday at the Rum Puncheon Tavern, King's Wharf, upon the body of a man named Thomas Clark, which had been found that morning floating on the water; there being no evidence produced before the Jury to show how, or by what means, the body had come there; they in consequence returned a verdict of Found Drowned.

   Another Inquest was held yesterday morning, at the Globe Tavern, Castlereagh-street, upon the body of a man named William Bowers, who had been "picked up" drunk on the street, on Monday, about two o'clock.  He was lodged in St. James' Watch House, and about half past four o'clock, was found dead.---Verdict---Died by the Visitation of God.

   Robert Duffey, convicted on Friday, of the wilful murder of his wife, underwent the extreme penalty of the law on Monday morning.  He was attended by Mr. M'Encroe, and seemed very much affected at his situation.  He made no confession that we heard, but judging from evidence adduced before the Coroner, and likewise in the Supreme Court, a more clear case could not have been established.  Without noticing the various rumours in circulation respecting one party concerned, it is impossible to draw any other conclusion than that both husband and wife have came by their death through the baneful effects of intoxication.

 

THE AUSTRALIAN, Friday 19 December 1836

Novel Case.

In the Supreme Criminal Court on Friday last, a man named James stood indicted for the wilful murder of his wife, by hanging her, the only witness, for the prosecution, a publican, named Pembroke, when called on was in such a state of inebriety, that Mr. Justice Burton ordered him to be removed to the hospital, and an emetic administered to him; he then adjourned the Court for two hours, on re-assembling, Pembroke was still labouring under the effects of liquor, and His Honor found it necessary to discharge the Jury, under the peculiar circumstances of the case, though opposed by the prisoner's counsel, who pressed for an acquittal; this the learned Judge would not listen to, and said he would be responsible for discharging the Jury, and remanding the prisoner, he also ordered Pembroke into custody.  On the opening of the Court on Saturday, Mr. Justice Burton read the opinion of the Chief Justice as to the course pursued by him in discharging the Jury, and in which His Honor said that Mr. Justice Burton had used a sound discretion.  Pembroke being called into the witness box, the learned Judge addressed him on the flagrancy of his conduct, by which the ends of justice were nigh defeated.  One witness, the son of the deceased, was out of the way, and he, Pembroke, had been seen sober, about the Court a few minutes before he was called on to give evidence, when he appeared in the witness box in a state of intoxication---whether he had been tampered with, or that the inebriety arose from his own propensity, he could not say; however, such conduct could not go unpunished.  His Honor took occasion to observe, that it was lamentable to see four public houses in the immediate precincts of the Court, which was a great inducement to witnesses and others to resort thither; no accommodation being provided for them, whereby they may be sheltered from the inclemency of the weather.  Pembroke was sentenced to one month's imprisonment in the common gaol.

CORONER'S INQUESTS.

On Sunday last, an Inquest was held at the sign of the "Three Tuns," King-street, upon the body of a female named Mary Burke, who died suddenly the previous day.  Verdict---died by the visitation of God.

   On Monday another Inquest was held at the sign of the "Rum Puncheon," near the King's Wharf, on the body of a man named Thomas Clarke, found floating in Sydney Cove on the morning of the same day.  Verdict,---Found Drowned.

   On Tuesday another Inquest was held at the "Globe" tavern, Castlereagh-street, on the body of William Bowers, who was found drunk in the street on the previous day, lodged in St. James's watch-house, and died about two hours after.  Verdict,---Died by the visitation of God.

 

The Sydney Monitor, Wednesday 24 February 1836

   A carman, named Kitchener, residing in Harrington Street, found his wife in a state of intoxication upon his return from work yesterday evening; he knocked her down, and struck her head against the steps, he then threw her into the house and perceiving that she did not move he became alarmed and sent for medical assistance, but it arrived too late as the unhappy woman was dead.  An inquest will be held this morning.

   An inquest was held on Monday, at the Jolly Miller Tavern, corner of Liverpool and Sussex Streets, upon the body of Hannah Smith, wife of a labouring man living in the neighbourhood.  It appeared that deceased had had for some time an organic affection in the heart, and had been attended by Dr. Wallace.  She had gone out on Sunday with her husband, and returned in the evening quite well.  She went to bed as usual, but in the morning about five o'clock she was taken ill, and shortly after died.  Verdict---Died by the Visitation of God.

   ANOTHER VICTIM TO INTEMPERANCE.---A Coroner's Inquest was held on Saturday, at the Albion Tavern, Market Wharf, upon the body of James Dawson, a sawyer at Lane Cove.  It appeared that deceased in company with two or three other sawyers had come down from Lane Cove to Sydney on Wednesday last, with a boat load of sawn timber.  While in Sydney they got intoxicated, and in returning home with the boat, deceased fell overboard, and his companions being unable to render him any assistance he was drowned.  His body was found on Friday.---Verdict Accidentally Drowned.

 

THE AUSTRALIAN, Friday 26 February 1836

Capture of one of the Murderers of Mr. Mackenzie's Men.

One of these Aborigines, who murdered, as may be recollected, Mr. M'Kenzie's shepherds at a distant station on the Gloucester River, was caught by one of Mr. Townsend's men in that quarter, a few days back, handcuffed, and sent to be examined at Dungog.

CORONER'S INQUEST.

An inquest was held on Wednesday last, at the Macquarie Tavern, George street, on the body of Ann Kitchen,  wife of William Kitchen, a carter, residing in a weather-boarded hut in Harrington-street.  It was adjourned until yesterday afternoon, when a verdict of Wilful Murder was returned against the husband, William Kitchen.  Several witnesses were examined, and although there appeared some conflicting statements, the Jury unanimously came to the above conclusion.  We are informed by several of the Jury that the Coroner (Mr. Brennan) conducted the investigation in a most patient and impartial manner, and succeeded in elucidating the truth from  reluctant witnesses in a manner very creditable to himself.

 

The Sydney Monitor, Saturday 27 February 1836

   An inquest was held on Wednesday and Thursday, at the Governor Macquarie Tavern, George Street, upon the body of Ann Kitchener, wife of a carman, named William Kitchener, residing in Harrington Street, who came to her death on Tuesday, through the treatment of her husband.  It appeared from the evidence, that both parties were frequently intoxicated and were so on Tuesday last. They had been out and had quarrelled; Kitchener was seen forcing his wife home, and striking her severely as they went along; when he got her to the door he pushed her into the house when she fell heavily.  She shortly afterwards attempted to leave the house again, when he took her up in his arms and threw her to the ground (more than once), her head, the first time she was thrown down came against a stone.  He again threw her into the house and kicked her upon the head as she lay upon the floor.  A few minutes afterwards, Kitchener called to a neighbour and said his wife was very bad.  The neighbour recommended him to go for a doctor---she was then dead.  Dr. Nicholson arrived in a few minutes, but although the woman bled freely from the neck through the application of the lancet, he was too late to reproduce animation.  Dr. Nicholson upon being examined gave it as his opinion that death had been occasioned by external injuries inflicted upon the head and neck, either with the force of blows or kicks.  After the Coroner had carefully read over the whole of the evidence, and pointed out to the jury the distinction between murder and manslaughter, the jury consulted for a short time and then returned a verdict of Wilful Murder against William Kitchener.  He was forthwith committed to Sydney Jail upon the Coroner's warrant.

   While an inquest was being held at the Governor Macquarie, George-street, on Wednesday, the Coroner called in the landlord, and stated to him, that without better order was maintained outside the jury room, he (the Coroner) would not only deprive him of his license, but would also commit him to jail.  We are not exactly acquainted with "quest law," but if "Coroners" are vested with authority so potential, there might at least be a certain gentlemanly mildness observed in its exercise.

   An inquest was held on Wednesday morning, at THE AUSTRALIAN Tavern, corner of Kent and Market Streets, upon the body of Edward Thomas, a butcher, residing in the neighbourhood, who died suddenly on the previous day through the bursting of a blood vessel.  Verdict---Died by the visitation of God.

   An inquest was held yesterday morning at the Welsh Harp, George Street, upon the body of Patrick Darcy, an assigned servant to Dr. Hoskins.  It appeared that on Tuesday evening he had driven his master to Mr. Swindell's, in Fort Street; the Doctor had scarcely got inside Mr. S's house, when he heard his servant cry out; he returned immediately to the street, and discovered the carriage upset and the deceased laying underneath it.  He was directly taken home, and every attention paid; he lingered until Thursday morning, when death put an end to his sufferings.  There being no evidence to show how the accident occurred, the jury returned a verdict of Accidental Death.

 

THE AUSTRALIAN, Tuesday 1 March 1836

An inquest was held on Wednesday morning, at THE AUSTRALIAN Tavern, corner of Kent and Market-streets, upon the body of Edward Thomas, a butcher, residing in the neighbourhood, who died suddenly on the previous day through the bursting of a blood vessel.  Verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 4 March 1836

Coroner's Inquest.

A Coroner's Inquest was held at the sign of the Jolly Millers, Sussex-street, on Tuesday last, on the body of a boy named Tom Winder Dodds, the son of Mr. Dodds of the firm of Messrs. Dodds and Davis, who was found drowned in a pond in the yard of Mr. Barker's Steam Engine.  Verdict---Accidentally drowned.

 

THE AUSTRALIAN, Tuesday 8 March 1836

CORONER'S INQUEST.

An Inquest was held on Friday last at the house of Mr. G. Turners, Goulburn street, on the body of a child four years old, who came by his death in  consequence of falling into an unenclosed well on the previous day, when a verdict of accidental death was returned.  [Editorial comment about unenclosed wells follows.]

 

The Sydney Monitor, Wednesday 9 March 1836

   An inquest was held on Thursday at the Eliza of London Tavern, John-street, upon the body of a boy named Alfred Bowler.  It appeared that about ten o'clock of the same morning, a person named James Blackburn went to the well in search of a pot which his wife had dropped into it, and discovered the dead body; but there being no evidence to show how or by what means the body had come there, the Jury returned a verdict of---Found drowned.

   An inquest was held on Wednesday morning at the Eliza of London Tavern, John-street, upon the body of a boy named David Burke, who had been run over by a dray, on the previous day.  There not appearing to be any blame attachable to the driver, the jury returned a verdict of Accidental Death.

   Another inquest was held the same day, at the Brown Bear Tavern, George-street, upon the body of William Williams (a seafaring man) who had been found dead that morning, in a waste house, situated at the back of the premises of Messrs. Long & Co. near the King's Wharf.  There being no evidence to show how he had come by his death, and in the absence of all appearances of any wound through which it could have been occasioned, the Jury returned a verdict of found dead in a waste house from natural causes.  It came out during the investigation, that deceased had recently returned from the Liverpool Hospital, and that the house in which he was discovered was a nightly receptacle for such wretches as had not the where-with-al to provide lodgings; of which class of persons it was not unusual for ten to fifteen to shelter there nightly.

   Another inquest was held the same day, at the Three Crowns Tavern, Cumberland-street, on the body of Thomas Glover, a licensed victualler, residing in the immediate vicinity, who had come by his death under the following circumstances:---Deceased had been frequently in the habit of drinking porter and wine to excess, for the period of four of five days constantly, during which time he would eat scarcely anything, and at the conclusion of each drinking "bout," he was usually irritated and wild in his conversation; he had one of his usual fits of intoxication during the last week; from Saturday until the Tuesday he was imagining that various persons were about to destroy him.  On Tuesday evening about eight o'clock, he went to bed shortly afterwards (there being two lamps in the room), the son of the deceased went to bring one of them down, when deceased observed to him, "For God's sake look at those black fellows and soldiers upon the bed top they are going to shoot me," the son replied, oh! nonsense, then left him, and came down stairs.  A short time afterwards the son heard a rustling noise in the parlour, he went and discovered his father there with a razor in his hand.  Deceased said, they are coming to kill me, and ran in to the kitchen.  The son pursued him, but was too late, the un fortunate man had inflicted a most horrible wound in his throat, dividing the carotid artery, and jugular vein on the right side of the neck completely through, which (as stated by Mr,. Stuart the surgeon examined upon the inquest) would cause such a quantity of blood to flow as would produce death almost instantaneously.  Surgeons M'Credie and Neilson, had been called in immediately after the occurrence, but were too late to render any assistance; neither of these gentlemen were called upon to give evidence.  After the depositions had been gone through by the Coroner, the Jury without any hesitation returned a verdict of Suicide whilst labouring under a fit of temporary insanity.

 

THE AUSTRALIAN, Friday 11 March 1836

Narrow Escape.

Captain Cromer of the 50th Regt. had a narrow chance of his life a few days ago, a boat in which he was fishing with his servant having upset and sunk off Newcastle; the servant was unfortunately drowned, and Capt. Cromer was able with difficulty to reach the shore in  safety.

Coroner's Inquests.

An Inquest was held on Wednesday morning at the Eliza of London Tavern, John-street, on the body of a little boy, eight years old, named David Burke, who had been run over by a dray on the previous day; there appearing to be no blame attachable to the driver on the score of carelessness, the Jury returned a Verdict of Accidental Death.

   Another Inquest was held, same day, at the sign of the Brown Bear, George-street, on the body of a man named William Williams, who was found dead in a large waste-house, the property of Mr. Long, in the same neighbourhood.  The body was discovered by a man in the employ of Mr. L. in the morning lying in the corner of a room on the third story, where from the state of the body it must have lain for some days.  A waterman, named Thos. Ridgley, was the only person that recognised the body, having known the deceased in his life-time, and having seen him, for the last time, about a fortnight previous, when he stated to witness that he had been to Liverpool Hospital.  No marks of violence appearing on the body, the Jury were of opinion that his death was produced by natural causes, and not from any act of violence-they at the same time requested that the Coroner would suggest to the First Police Magistrate, the necessity of a close surveillance of the waste building; as in  its present state it was a nightly receptacle for wandering vagrants.  Mr. Brennan stated his determination to attend to the recommendation.

Melancholy Suicide.

The neighbourhood of Cumberland-street, was thrown in to considerable excitement, on Tuesday Evening last, on the fact being circulated that Mr. Thomas Glover, the landlord of the "Sailors Return," had terminated his existence by cutting his throat---A Coroner's Inquest assembled at the "Three Crowns," on Wednesday Afternoon, to enquire into the cause which led to the commission of so dreadful an act; when it appeared by the testimony of the son of the deceased, (and which was corroborated by his mother) that his father some time back received an injury in his head in consequence of a fall from a horse, that when he drank it effected him very much, and that he had been drinking for three or four days previous to Saturday last, since which time his conduct became very remarkable, his language was incoherent, and he was continually saying, that there was black men and soldiers coming to shoot him, and that although the family watched him narrowly, yet on Tuesday Evening, the witness having left him for an instant, for the purpose of removing a lamp, deceased got out of bed, and effected his fatal purpose with a razor that was subsequently found lying beside him; the witness and the rest of the family on hearing a rustling noise in the kitchen, immediately rushed in, but they were then too late, deceased's throat having been cut, and he in a sitting posture and forcing his fingers into the wound for the purpose of widening it more, and imperfectly articulating, "they are firing at me now, I feel the shots," he died in about a minute and a half.  The moment Mrs. Glover was made acquainted with the melancholy occurrence she went for a  surgeon, but life was extinct on her return.  As the body lay when viewed by the jury, it presented an awful spectacle---and the opinion of Mr. James Stewart the surgeon, that inspected it, was, "that on examination he found two wounds, one of which divided the carotid artery and jugular veins, and that the quantity of blood that flowed from the division of the blood vessels must have been so great and instantaneous, as to cause immediate death"---The jury under the direction of the coroner, returned for their verdict, "that the deceased had put a period to his existence, by cutting his throat whilst labouring under temporary mental derangement."  He has left a wife and five children to deplore his loss.

 

The Sydney Monitor, Wednesday 16 March 1836

   An inquest was held on Saturday afternoon, at the Three Tuns Tavern, King-street, on the body of a man named George Barber, who had died suddenly on the previous day in the Hospital.  It appeared, deceased lived in Kent-street, and was by trade a shoemaker, but had for some time past, through ill health been unable to follow his regular occupation, and had therefore gained a livelihood by selling pies, sausages, &c. but even that line of life for some weeks he had been unable to follow.  On Friday a report was made to Colonel Wilson, that the man was in a very bad state, the Col. had him removed immediately to the Hospital, but the man died about four hours after being taken there.  Mr. Stewart gave it as his opinion, that the immediate cause of death was apoplexy.  Verdict, died of apoplexy.

 

THE AUSTRALIAN, Friday 18 March 1836

  An inquest was held on Saturday afternoon, at the Three Tuns Tavern, King-street, on the body of a man named George Barber, who had died suddenly on the previous day in the hospital.  It appeared, deceased lived in Kent-street, and was by trade a shoemaker, but had for some time past, through ill health been unable to follow his regular occupation, and had therefore gained a livelihood by selling pies, sausages, &c. but even that line for some weeks he had been unable to follow.  On Friday a report was made to Colonel Wilson, that the man was in a very bad state, the Colonel had him removed immediately to the Hospital, but the man died about four hours after being taken there.  Mr. Stewart gave it as his opinion, that the immediate cause of death was apoplexy.  Verdict, died of apoplexy.

 

The Sydney Monitor, Saturday 19 March 1836

   An Inquest was held yesterday, at Atkinson's, Public House, The George and Dragon, Brickfield Hill, upon the body of a man named Patrick Munro, who had been living for some time past at Morley's Public House, as one of the family; the day before it appeared that deceased went out in his usual way, and went into the above house when he suddenly dropped down dead.  The Surgeon, Mr. Bourke, gave it as his opinion that the deceased came by his death through apoplexy.  The Jury in consideration brought in a verdict.  Died through the Visitation of God.

 

THE AUSTRALIAN, Tuesday 22 March 1836

Coroner's Inquests.

An inquest was held at M'Keon's Public-house, Castlereagh-street, on Wednesday last, on view of the body of Ann Jones, who was found dead in her house on the previous evening.  Mr. Surgeon Stuart certified that deceased had no external marks of injury, and his opinion was that she came by her death from some natural cause.  A verdict was returned accordingly.

   An inquest was held on Friday last, at The George and Dragon, Brickfield-hill, on the body of a man named Patrick Munro, who had been living for some time past at Morley's Public-house, as one of the family.  The day before, it appeared that deceased went out in his usual way, and went into the above house, when he suddenly dropped dead.  He was a man of 70 years of age.  The Surgeon, Mr. Bourke, gave it as his opinion that the deceased came by his death through apoplexy.  The Jury in consequence brought in a verdict---Died by the visitation of God.

   An inquest was held at the Ship, Brickfield-hill, on Saturday last, on view of the body of a man named Joseph Maher, who died suddenly on Friday.  He was of an advanced age and very infirm.  Verdict---Died by the Visitation of God.

 

THE AUSTRALIAN, Tuesday 5 April 1836

A horse and cart belonging to Mr. Stark, baker, started off at full gallop on Saturday last in York-street, in the direction of the barracks.  From enquiry we learn that an assigned servant of Mr. Stark's went out to give the horse a feed, prior to its going to Woolloomooloo, and upon taking off the horse's winkers, it started off at full speed and knocked the man down, the wheel of the cart passing over the lower part of the stomach, and most severely injuring him.  Medical assistance was immediately procured and the unfortunate sufferer was conveyed to the hospital.  We hear that there is very little hope of his recovery.  From the pace at which the horse and cart went we naturally conclude that the bread was light.

   Charles Kelly, a convict, who has for many years past filled the situation of cockswain to the Custom House boat's crew, was found drowned in Botany Bay on Friday last.  The deceased was much addicted to drinking, and it is supposed had met his death by falling out of the boat in a state of intoxication.

 

THE AUSTRALIAN, Friday 8 April 1836

Shocking Accident.

An accident which terminated fatally occurred on Monday last.  A woman and her son, a boy about fourteen years of age, were proceeding down a hill about three miles the other side of the Stonequarries, with a horse and cart; and owing to a rut that was in the road the cart capsized and the woman who was riding fell underneath it.  The boy endeavoured to raise the cart to get his parent from under, but had not sufficient strength to do so.  The poor woman was moaning most pitifully, and the boy seeing a stock keeper proceeding along the roads with a few head of cattle, immediately ran after him to request his assistance to extricate his mother from her dreadful situation, and we are sorry to say that the reply the boy received to his entreaties was such that we should never expect to hear even from one of the native blacks; namely, that he must get his mother from under the cart in the best way he could, for he (the stock-keeper), could not leave his cattle. The boy returned to his mother who then appeared almost lifeless, and by this time some travellers came to the spot and released the woman; but we are sorry to say in too late a time to be of any service, for before the unfortunate sufferer could be conveyed home, the last spark of life had  fled.---Correspondent.

 

The Sydney Monitor, Saturday 9 April 1836

   A soldier, stationed at Liverpool, has been committed for trial, for the wilful murder of a man with whom he had a quarrel, by striking him with the butt end of his musket on the stomach, of which he died after languishing two days.

   An aged man named Butler, who for many years attended the Roman Catholic Chapel, went on Monday evening last to the house of a friend for the purpose of taking tea, where he suddenly became indisposed, and in a few minutes breathed his last.  An inquest was held on the body on the following day, when it appeared that his death had been the result of a gradual and total decay of nature, and the usual verdict in such cases was returned.  The death of this poor man, though awfully sudden, had not come upon him by surprise; he had long been preparing himself for the important change by the discharge of those duties which mark the pious Christian.

 

THE AUSTRALIAN, Tuesday 12 April 1836

We regret to announce that Lieutenant Otway, H. M. 50th Regt. in charge of the stockade at Illawarra, shot himself at that place on the 7th instant; he was found with a prayer book in one hand, and the pistol with which he had committed the fatal act in the other; temporary insanity is supposed to have been the cause of this melancholy event, the deceased having received severe injury on the head, some time ago, from a fall from a horse in Ireland.

SUPREME COURT---(IN BANCO.)

APRIL 11.---Yesterday their Honors took their seats on the Bench, and the native Jack Congo Murrels was put to the Bar.  The Chief Justice stated that the Court were unanimously of opinion that the plea put in to the information in this case, must be over-ruled, and requested Judge Burton to read the grounds upon which the Judges had formed their opinions.

   His Honor Mr. Burton then read the judgment of the Court, the main purport of which was, that the Acts of Parliament having given them jurisdiction over all offences against British Law committed within their limits, they could not within those limits know any distinction between Natives and Europeans.

   (As the decision is interesting and involves some curious points, we shall endeavour to procure and publish it entire, in a future number.  The result of the judgment is, that the Native will have to take his trial for the murder of an other Native, according to our Law, which was a mere act of justice according to the Law he was born and lives under.)

 

The Sydney Monitor, Wednesday 13 April 1836

   The neighbourhood of Clarence-street was thrown into a state of excitement on Monday morning last, owing to a report having obtained circulation that a female, with an infant at her breast, had been found dead in the loft of an uninhabited house in that street---the appearance of wretchedness which presented itself around her, together with her emaciated form, indicating that she had died from the want of common sustenance.  After the death of the unhappy woman had become known to the neighbourhood, several females proceeded to the house, where the heart-rending fact developed itself, that a living infant, of about four months old, lay near the dead form its wretched mother, in the last stage of exhaustion from want of sustenance.  Animation being visible, as the poor infant occasionally turned its languid eyes towards the corpse, though apparently the power of motion had forsaken it, a poor married female named Johanna Finn, having herself four children, one of whom is an infant at her breast, with a promptitude that reflects the highest credit on her feelings, and animated by a hope of being enabled to rescue the child from the hands of death, placed it to her bosom, and in the course of the morning had the gratification to find signs of returning animation from the warmth thus applied, and the small portion of nourishment which she succeeded in conveying to its stomach.  Towards evening, under her praiseworthy care, the child considerably recovered, and having been washed and dressed, though the paleness of death yet overspread its cheek, presented an interesting appearance.  The house in which the unhappy woman breathed her last, was not, as had been represented, absolutely uninhabited, as the lower part, consisting of one room, was occupied by a man who sells pies in the street, together with a female, with whom he cohabits; but the place altogether presented a picture of the most abject wretchedness; not a chair, table, bed, or other article of furniture, appeared in the whole house.  In a corner of the miserable attic occupied by the deceased, were a few---and but a very few---filthy rags, which constituted the bed, and the only furniture of the apartment; on these, lay extended the body of the deceased, the only covering of which was a scanty portion of a filthy blanket; every circumstance which met the eye tended to establish the certainty of the deceased having died from starvation.  On enquiry, however, it appeared that she had cohabited with a man who was in the employ of Messrs. Barker and Hallen as a labourer, and who had accompanied her to the wretched lodging in which she was found, on Friday last; it was also stated that he had been applied to for relief for her, but had refused.  An inquest was held on the body of the female, whose name is Ellen Williams, at the Sign of the "Bird in Hand," Clarence-street, on the afternoon of Monday, when the following facts were elicited:---

   Dr. Wallace deposed, that he attended the deceased until last Friday, having been called out at a late hour one night about a fortnight ago, when he found her labouring under a severe affection of the lungs, attended with the greatest difficulty of breathing, so as to prevent her lying down for several days; he took a small portion of blood from her, her emaciated state, even at that time, not permitting the letting of blood to any extent with safety; she appeared to be slightly relieved thereby, and he attended her occasionally until Friday last, when he found she had left the place in which she then resided in Kent-street, the neighbours being unable to say where she had removed to.  He examined the body since her death, and found no marks of external violence thereon; his opinion was, that the state of disease under which she laboured was, in itself, sufficient to produce death, without unnatural or accidental causes.

   Joseph Ong, obtains a livelihood by selling pies; lived in the same house in Kent-street, in which deceased and a man with whom she cohabited, resided, but removed to his present residence on Wednesday last, and deceased and man followed on Friday; deceased was in a state of sickness, and witness went to the Rev. R. Hill to endeavour to get her sent to the Hospital through his influence; met the man who lived with her on his return from Mr. Hill's, and endeavoured to induce him to get her conveyed to the Hospital; he said he had not time, as he had his work to do, but would pay witness on Saturday night for his trouble; did not see him again until 12 o'clock on Saturday night, when he went to the house and took some rum and cloves, which he gave to the deceased who drank it, she was always craving for liquor.  The deceased and this man had words on that occasion and he left the house; witness got drunk on Sunday morning and was absent all day and until a late hour at night, when, on his return, he found the woman was dead; is not married, but cohabits with a woman who resides in the same house with him.

   Cornelius Shrivel, the man with whom the deceased cohabited, was sent for and examined.  Had lived with the deceased about six months, she had been much given to drinking, and although he was a hardworking man and had earned 18s. per week, yet he was frequently unable to buy a loaf on Monday morning; she became extremely ill about three weeks ago; he had remained with her until Friday last; but, on his going home at 12 o'clock on Saturday night, he was turned out of the house by the female who cohabited with the witness Ong, who threatened to turn the sick woman into the street also; witness got a gill of wine from a neighbouring public house, which he gave to deceased; he had been warned not to give her any wine of spirits by the doctor, but she craved it, and having no other sustenance he gave it to her; never gave her spirits during her illness, as stated by Ong; went away on Saturday night, in consequence of the quarrel with the female; heard, on Monday morning, that deceased had died on Sunday, the apparent want of attention  should be attributed to his inability to administer to her wants, rather than want of feeling; knew the wretched state of the infant, but could do nothing for it; it was not his child, being born a short time after he became acquainted with her.

   The wretched appearance of the man indicated that he had given himself up to the same vice, as that which had hurried the deceased to her grave; and the Jury, with a view to deter persons from administering spirits to others labouring under sickness, which must inevitably accelerate and render death certain, would have returned a special verdict to that effect, but the Coroner declined recording it, observing that if they were of opinion that the conduct of the party who had administered spirits contrary to the directions of the doctor, did not amount to manslaughter, he must of necessity leave it out of the record; he regretted that he had no power to deal with parties under such circumstances, as many lives were, no doubt, destroyed in that way, from the erroneous notions of persons that they were administering a cordial, which too soon proves itself to be a poison.  The Jury therefore returned a verdict that the deceased died from inflammation of the lungs.

   The Coroner observed, that the conduct of the woman who took the infant was above all praise, and that he would communicate with His Excellency the Governor, in order to obtain for her some reward suited to such conduct, and also as to the future disposition of the children, there being another of about the age of three years, under the care of a female who has had it since the deceased became sick.

   We have been thus particular in going into a detail of this melancholy case, in order to lay before the public one of the thousand instances which are constantly occurring, of the dreadful effects which habits of intemperance inevitably produce, thus depriving the body of its unhappy votary, the commonest necessaries of life in this world, and exposing the soul to the horrors of eternal condemnation in the next.

   An inquest was held at the Rope-makers' Arms, Castlereagh street, on Monday last, on the body of Elizabeth Lewis, who arrived as an Emigrant with her husband a short time ago, but who expired suddenly at her residence in Wyer's Court, on Sunday last.  It appeared from the certificate of the Surgeon on examination of the body that death had been caused by apoplexy, and a verdict was returned accordingly.  [See also Sydney Monitor, Saturday 30 April 1836: death of child Elizabeth Murray &  Inquest.]

 

SYDNEY GAZETTE, 12/04/1836

Forbes C.J., Dowling and Burton JJ, in banco, 11 April 1836

In giving judgment in this case the Chief Justice remarked that a demurrer had been filed, denying the jurisdiction of the Court, which must be overruled, as the Court had jurisdiction in the case.  On a former occasion of this kind,[17] His Majesty's Attorney General had put it to the Court whether he should bring such a case before the Court, and whether it was the description of crime which would be recognised by the laws of England; the Judges had then stated that it was for him to use his sound discretion in the case, but on that occasion no discussion took place as to the authority of the Court - no opinion was given as to their jurisdiction.  Judge Burton had put together an opinion in which the whole Bench coincided; he (Judge B.) would read it to them.

His Honor remarked - 1st. That although it might be granted that on the first taking possession of the Colony, the aborigines were entitled to be recognised as free and independent, yet they were not in such a position with regard to strength as to be considered free and independent tribes.  They had no sovereignty.

2nd.  The Government proclamation laid down the boundary of the Colony, within which the offence of which prisoner was charged had been committed; the boundaries were Cape York in 10° 37' South, Wilson's Promontory in 39° 12' South, including all the land to the eastward and islands adjacent.

3rd.  The British Government had entered and exercised rights over this country for a long period. - 9 Geo. 4 c. 83.

4th.  Offences committed in the Colony against a party were liable to punishment as a protection to the civil rights of that party.  If a similar offence had been committed at home, he would have been liable to the Court of King's Bench.

5th.  If the offence had been committed on a white, he would be answerable, was acknowledged on all hands, but the Court could see no distinction between that case and where the offence had been committed upon one of his own tribe.  Serious causes might arise if these people were allowed to murder one another with impunity, our laws would be no sanctuary to them.  For these reasons the Court had jurisdiction in the case.   Demurrer allowed.

[*] This report is the basis of the judgments reported at 1 Legge 72.  We have decided to reproduce all newspaper accounts of this judgment.

 

AUSTRALIAN, 12/04/1836

Forbes C.J., Dowling and Burton JJ, in banco, 11 April 1836

April 11. - Yesterday their Honors took their seats on the Bench, and the native Jack Congo Murrels [sic] was put to the Bar.  The Chief Justice stated that the, Court were unanimously of opinion that the plea put in to the information in this case, must be over-ruled, and requested Judge Burton to read the grounds upon which the Judges had formed their opinion.

His Honor Mr. Burton then read the judgment of the Court, the main purport of which was, that the Act of Parliament having given them jurisdiction over all offences against British Law committed within their limits, they could not within those limits know any distinction between Natives and Europeans,

(As the decision is interesting and involves some curious points, we shall endeavour to procure and publish it entire, in a future number. [*]  The result of the judgment is, that the Native will have to take his trial for the murder of another Native, according to our Law, which was a mere act of justice according to the Law he was born and lives under.)

[*] It is most unfortunate that THE AUSTRALIAN did not do this, leaving only the truncated version in The Sydney Herald to be published.

 

SYDNEY HERALD, 18/04/1836

Forbes C.J., Dowling and Burton JJ, in banco, 11 April 1836

Monday. - Rex v. Jack Congo Murrell. - This was an information preferred by the Attorney-General against the prisoner, an Aboriginal Native of New South Wales, for the wilful murder of one of his own tribe, in the interior of the Colony.  A plea to the jurisdiction of the Court had been put in on a former day, in behalf of the prisoner, which set forth, among other matters that he, not being a subject of the King of England, was not amenable to our laws; and that - verdict of acquittal would not relieve him from the consequences of the act charged against him, according to the laws and customs of his own people in such cases.  The Chief Justice, who presided on the occasion, admitted the ingenuity, and, in some respects, the force of the plea; but suggested that the case might be tried upon the issue, reserving the objections raised for consideration in another place, and under a different form of proceeding.  This being objected to by the prisoner's counsel, who expressed a wish to take the opinion of the full Court upon the subject, the case stood over, and judgment was delivered this day by His Honor Mr. Justice Burton.  The learned Judge read a very elaborate review of all the bearings of the case - the principles which it involved - and the consequences which might ensue if it were to be held that the Aboriginal Natives might murder each other uncontrolled by the English law; and concluded by expressing an opinion (in which the other Judges entirely concurred) that the Act of Parliament having given the Supreme Court jurisdiction over all offences against British law, within certain prescribed limits, they could, within those limits, recognise no distinction between Natives and Europeans.

The plea was, consequently, set aside, and the prisoner will have to take his trial for murder.

 

The Sydney Monitor, Wednesday 20 April 1836

ANOTHER VICTIM TO INTEMPERANCE.---We regret another melancholy instance of the dreadful tendency of intemperance, to the destruction of its unhappy votary.  The attention of the passengers who arrived at Sydney on Sunday evening last, by the Experiment Steamer was while landing at Mr. Wilson's wharf, drawn to the sound of some heavy body falling into the water.  In the confusion which prevailed on the occasion, the arrival of the Steamer in Sydney being rather later than usual but little notice was taken of the circumstance for some time, till at length the cook of the vessel being missed, and having been in a state of intoxication in the afternoon, a suspicion was excited that he had fallen overboard.  The boats were instantly lowered and every exertion made to rescue the unhappy individual from his perilous situation but without effect.  The body was found on the following morning. An inquest was held on the body on Monday last, at the sign of the Billy Blue, at Grove's Wharf, which was adjourned until Tuesday morning; but some circumstances being then elicited, which could not be satisfactorily explained from the absence of witnesses,. The case was again adjourned until the 3rd May next, the Coroner having obtained leave of absence from his arduous duties until that time; the duties of Coroner for the district of Sydney to be performed in the interim by Mr. Augustus Hayward, the Coroner for Parramatta!! We have not yet been informed as to whether the body is to remain above ground during that period, or to be exhumed for the purpose of pursuing the investigation. [See Sydney Monitor, Wednesday 27 April 1836.]

 

The Sydney Monitor, Wednesday 27 April 1836

CORONER'S INQUESTS.

   An Inquest was held on Friday last, at the Currier's Arms, Castlereagh-street, before Mr. Coroner Hayward, on the body of Elizabeth Atkins, a female servant of Mr. Nichol Allen, Elizabeth-street, who died suddenly that morning.  The Jury on the medical testimony of Dr. Bland returned a verdict that the death of the deceased was caused by apoplexy.

   Another inquest was held on the same day, on the body of a lascar known by the name of Roger, who for a long time past had sought a livelihood by begging.  It appeared he was found in the Domain near Fort Macquarie, at the foot of a rock from which he appeared to have fallen; as a fracture of the skull had taken place.  He had for some time past taken up his residence under a rock near the spot where he was found, and was supposed to have been directing his steps thither after dark, but missing his way had precipitated himself over the rock at the foot of which he was found.  Verdict---Accidental Death.

   Another inquest was held on Saturday last at the Three Tuns, King-street, on the body of Henry Ball, formerly a publican of Sydney, who had died in the General Hospital on the previous day, under the following circumstances; the deceased had been put to the bar of the Police Court on Thursday morning last, charged with being drunk, and was fined on the evidence of a constable, in the sum of 5s, which being unable to pay, he was sentenced to sit in the stocks for an hour; he appeared while at the bar to be in a state of extreme illness, and had much difficulty in supporting himself on his legs.  On being led out of the office in order that the sentence of the Bench might be carried into effect, he fell in the yard, unable to proceed further, and was attacked with convulsive retchings of the stomach; the state of the man being represented to Col. Wilson, directions were given to have him removed to the Hospital, which were immediately carried into effect, and in the course of the day he expired.  A report having gained general circulation that deceased had died from the ill treatment he had received from the constable who took him into custody, we subjoin the following evidence adduced on the inquisition, from which the public may judge how far such an accusation is justified by the facts.

   Stephen Balcombe examined---I am a constable in the Sydney Police.  I was on duty in Clarence-street and York-street, on Wednesday evening last, and in turning the corner of York-street about the hour of eleven o'clock, I heard a great noise proceeding from the upper end of the street near the Police Office.  On reaching the place I found prisoner in a state of drunkenness---there was another man in his company, and a constable named Webb had also been called to the place before I got there.  On my approach deceased said that there was no constable in Sydney who should take him, and made a run to escape, but had not run more than two or three rods when he fell down on his hands and face.  On his running I was about to follow him, when Webb told me to remain by the other man, and he would pursue the deceased; he did so but deceased fell before he got up to him.  I went to the place where he lay and desired the other man to assist in raising him from the ground; deceased said he was very unwell and incapable of walking---we took him by the arms, and supported him to the watchhouse---there did not appear to be any marks of blood on his person---he appeared to have rolled in the dirt on falling, and was on his hands and knees when we took him up---he did not seem to have received any injury from the fall, but appeared to be helpless through drunkenness.   I did not hear him say he had hurt himself from the fall---I cannot say whether I informed the Police Sergeant to whom he was delivered at the Watchhouse, that he had complained of being unwell---he was put into the cell usually appropriated to drunken persons---saw no violence used towards him in my presence---he did not run more than 50 yards---if he had been kicked or struck so as to cause him to fall, I must have seen it.

   By a Juror---Cannot say how long the other constable was with him before I went to the spot---cannot say that no blows or kicks were inflicted before I got there---had not seen the constable before on that evening---do not know whether a scuffle had taken place or not before I got to the place.

   James Mitchell, Esq.---I am a surgeon of the General Hospital---the deceased was received on Thursday last---on examination I found him labouring under a severe hernia or rupture, which appeared to have been recently reduced and which went up on my touching it---he appeared to be sensible, but in a very low state, I asked him if he had met with any accident, he said he had not, but had got drunk and got into trouble---he expired in the afternoon.  After his death I made an external and internal examination of the body---there was no appearance of violence on the body, except a black mark on the scrotum, which knowing the complaint the deceased laboured under, I attribute to the pressure that had been used by deceased in reducing the hernia, but I heard subsequently from the man who had attended him, that deceased said it had been inflicted by a kick.  On examining the body after death, I found the whole of the abdominal viscera in a state of inflammation---from the state of disease in which the viscera appeared, I felt much surprised that the deceased had not complained before---I should say that the rupture was sufficient to cause death if not reduced in time to check inflammation, and in this instance must have been done before he became intoxicated, and for a longer period than deceased was aware of---I am therefore of opinion that death was caused from the state of disease I have described.

   The Coroner observed, that after the testimony the Jury had just heard, any further investigation would be superfluous, and in his opinion satisfactorily rebutted the reports that had been circulated as to the cause of the death of the deceased, and would leave it to the Jury, whether any further examination of witnesses was necessary.  It was suggested by some of the Jury that the evidence of the man who was in the company of the deceased the time he was taken into custody, and who was therefore able to speak as to what might have occurred between him and Constable Webb before the witness Balcombe went up to them.  The Coroner observed that it was their province to examine as many witnesses as they thought necessary, but he was of opinion that unless some evidence could be adduced to disprove the testimony of the medical gentleman who had been examined, it would be quite uncalled for; after a little consideration the Jury acquiesced in the opinion of the Coroner, and returned a verdict "Died by the visitation of God."

   In a report of an inquest in this journal on Wednesday last, the deceased was stated to have been cook of the Experiment steamer; this was a mistake, he was cook of the Sophia Jane.

 

The Sydney Monitor, Saturday 30 April 1836

CORONER'S INQUEST.  Our readers may remember the report of an Inquest which appeared in this Journal a few weeks ago [13 April], on the body of a female who was found dead in a loft, in Clarence-street, and whose infant, when discovered, also on the point of death, was taken charge of by a poor woman by whose humane treatment it recovered, and appeared to be thriving, until the beginning of the present week when it became unable to retain any thing on its stomach which though eaten voraciously was immediately ejected.  Dr. Wallace who had attended on the mother was consulted as to the infant, but notwithstanding, the application of remedies, and unremitting attention, it expired on Thursday last.  A rumour had obtained circulation that the infant had died from neglect, which being represented to the Coroner, an inquest was convened accordingly at the Bird in Hand, Clarence-street, on the body of the infant Elizabeth Murray, the result of which was a satisfactory refutation of the report, which conveyed an imputation altogether unmerited by the humane persons, who took charge of the infant in the manner described.  Dr. Wallace deposed, that he found the infant labouring under irritation of the bowels induced partially by dentition, and change of food, a state of disease which in this country carries off a great proportion of the infants who die at a tender age.  His opinion was, therefore, that the death of the child had taken place under natural causes; there was no appearance of neglect on the part of the nurse, on the contrary, he thought that a very unusual degree of interest for its comfort and preservation manifested itself both on the part of the poor woman and her husband, who appeared to labour under the greatest anxiety of apprehension as its case became worse.  The Coroner, Mr. Hayward, observed that so far was he satisfied of the praiseworthy humanity of these poor people, that he would subscribe $(Pounds)1 as a donation to them for the trouble they had taken, a circumstance which recommended them to the favourable consideration of the consideration of the public generally.  He was aware that Mr. Brenan had made a communication to the Government on the subject, who would no doubt express its sense of such conduct by a suitable reward as an encouragement to future acts of humanity.  The Jury returned a verdict Died by the Visitation of God, accompanied by an expression of their deep sense of the humane conduct of these poor people, and readily subscribed their [monies?] towards the proposed donation.  The husband of the woman, who has herself an infant at her breast, and three other children, is a labouring man of steady and industrious habits.

ACCIDENT.

   On Wednesday morning last an elderly man named Brown met his death as follows:---It appears that on the morning in question, Brown, who was a sawyer, was, with several other persons, endeavouring to place a heavy cedar plank on a saw-pit, in the yard of Mr. Charles Morris, Market-street, when some of the men were overpowered by the weight of the plank, which fell down, and the deceased, not being able to extricate himself, was jammed under the plank in such a manner as to cause his death about an hour afterwards.  An inquest was held at Morris' AUSTRALIAN Hotel before Mr. Coroner Hayward, on Thursday, when the above facts were deposed to; and Mr. Surgeon Hoskins having stated that the deceased met his death in consequence of an injury on the loins, inflicted by some heavy body, the Jury returned a verdict of Accidental Death.

 

SYDNEY HERALD, 05/05/1836

JACK CONGO MURREL - THE BLACK

NATIVE.

The determination to try this man for his life at the present sittings of the Supreme Court, has occasioned some surprise.  He is to be tried for the murder of another Native according to our law, though THE AUSTRALIAN of the 12th instant states, it was a mere act of justice according to the laws he was born and lives under.  But be the precise nature of his alledged [sic] offence what it may, his course of life and conduct could not have been regulated by any consciousness of being answerable to our laws; can it, therefore, be just to subject him to be tried by them?

The chief attempt at argument to support this decision, is that the act was committed in a territory possessed by the English.  But how was the possession of this territory obtained by them?  The act, too, was committed on his own fellow-countryman.

Besides, how can he have a fair trial?  in what manner will his witnesses (most likely black Natives like himself) be obtained?  or if obtained, how understood? and without their presence and explanations what correct conclusion can be arrived at respecting circumstances, which it is presumed are peculiar to their people?  Again, what sort of trial by jury will it be?  will black Natives be allowed to sit on the jury, and if they are, would they be likely to avail themselves of the privilege?  or, would they not rather run away in affright; or, if here, how could they understand the proceedings? and if tried only by Englishmen how can he be said to be tried by a jury which means his country per patriam or his peers?  Again, how will he be made to understand his right of challenge, and if he be made to comprehend it, how will he exercise it?  The law of England renders it necessary that the Sheriff or returning officer be totally indifferent, and that where an alien is indicted, the jury should be de medietate, or half foreigners (except in treasons) besides other indispensable requisites, and therefore if other and higher grounds fail him, may he not challenge till this minor point be established of one-half foreigners.  In addition to such challenges, for cause, and which may be without stint, in criminal cases, at least in capital ones, there is, in favorem vitae, allowed to the prisoner an arbitrary and capricious species of challenge to a certain number of jurors without any reason being assigned.

Another argument which has been put forward in support of this prosecution is the following, viz.- ``Although it was granted, that on first taking possession of the Colony, the Natives were recognized as free and independent, yet the various tribes were found not to occupy that position in the scale of nations as to strength or government which would entitle to sovereignty."  What can this mean, unless it means that might may overcome right?  Nor can the argument be admitted on principle, being one of degree and not of kind.  It is a mere assumption of the question to say that they do not occupy that position in thh [sic] scale of nations as to strength and government which entitles them to sovereignty - it is not explained why this want of position as to strength and government should incapacitate them from making and putting into execution laws for the regulation of themselves; nor is it attempted to be shown what modicum of strength or government in a people or a tribe should entitle them to such a privilege.  It is presumed that the reason why this is not attempted to be shown is because it could not; and because every free and independent body of people, be they what they may, have a right to make laws for the government of themselves.  If the black Natives were recognized as free and independent on taking possession of the Colony, as is avowed by those who have determined on this prosecution, why are they not so now?  Have not the various tribes their manners and customs? and can their peculiar nature, whether good or bad, justify the trial by foreigners of an act committed by one of their fellow countrymen, and more especially as the life of the person tried will be perilled.

The ``want of position" which has been put so prominently forward, arises doubtless from the unintellectual character of this unlettered people; if such then be their ignorance, how can you expect them to obey the laws of a foreign people, laws which you have not been able to teach them, and yet for disobedience to which you are about to put one of those poor benighted creatures to death?  Blackstone says, ``law is a resolution of the Legislator," and ``it is requisite that this resolution be notified to the people who are to obey it;" adding whatever way is made use of it is incumbent on the promulgators to do it in the most public and perspicuous manner; not like Caligula, who, (according to Dio Cassins) wrote his laws in a very small character, and hung them upon high pillars the more effectually to ensnare the people."  Now our laws must be almost invisible to the unenlightened Natives, and certainly far beyond their reach; and yet here is a poor wretch taken by surprise and made answerable to an authority of which he was not aware.  The operation of such a law upon him will have almost the cruelty and injustice of an ex-post facto law.

Suppose a black nation were to invade England and they were to put to death one of us for an act done to one of our fellow-countrymen, which would not have been capital with us, should we not think it barbarous?  What then shall we call this act of ours - we who are an enlightened people, upon a poor benighted black whose country we have invaded?  Is it not a violation of the law of nations?  For it is not demanding satisfaction of a foreign people for a wrong done to one of our own nation but usurping the power of judging in an affair of their own - judging, too, on a law which will take away life.

To say that forbearance from interference in such cases would be affording sanctuary, which has been advanced by the supporters of this measure, it is absurd - how can that be sanctuary which would give up a man to be dealt with by the laws or customs of his own people, instead of giving him refuge from them?

It is anxiously hoped that still further consideration may be given to this case in sufficient time to prevent what may be termed a legal murder, being committed upon a poor helpless and unenlightened creature, whose chief crime seems to have been ignorance. - From a Correspondent.

 

The Sydney Monitor, Saturday 7 May 1836

The inquest on the body of Patrick Lawler, the cook of the Sophia Jane steamer, which was convened at the Billy Blue public house, almost a fortnight ago, but which was adjourned owing to the absence of a witness who was deemed essential to the inquiry as to how decreased met his death, was resumed on Thursday evening last, when after an investigation of all the circumstances the Jury could arrive at, the\y returned a verdict of Found Drowned.  It was found impracticable to collect the whole of the Jury convened on the former inquisition, and the adjourned inquiry was necessarily conducted with ten of those individuals.

   An inquest was held on Wednesday last, at the Saracen's Head, Cambridge Street, on the body of Catherine Cummins, who died suddenly on the previous evening.  It appeared that the deceased had led for a considerable time a dissipated and debauched life, which thus ended in her destruction.  The Jury returned the usual verdict in such cases---Died by the Visitation of God.

 

R v Kitchen [1836] NSWSupC 28

 

THE AUSTRALIAN, Tuesday 10 May 1836

FRIDAY, MAY 6, 1836.

(Before the Chief Justice and a Civil Jury.)

William Kitchen was indicted for the wilful murder of Ann Kitchen (his wife) at Sydney, on the 23d of February last.  It appeared in this case that the prisoner had dragged the deceased by the hair of the head along the street, dreadfully beat her, kicked, and dashed her on the ground, a distance through the street, until he arrived with her at his own house in Harrington-street, where he threw her into the house on the floor, repeated his kicks, and as a completion of his brutality, threw a bucket of water on her, of which she almost immediately expired.  The case was of so clear and dreadful a nature, that the prisoner did not attempt a defence of his conduct, and the Jury retired a few minutes and returned a verdict of Guilty.  The Crown Officer prayed the judgment of the Court on the prisoner; His Honor ordered proclamation to be made, and addressed the prisoner as follows:---"The awful termination of this day's enquiry you must have long been prepared for; if you have not, it is high time now to make the best use of the few hours which remain to you on this side of the grave, that by prayer and contrition you may obtain the forgiveness of your Maker.  What man, looking at the evidence on this trial, can doubt but that your heart was bent on the destruction of the unhappy woman, your wife, who you were bound by every tie to protect and cherish, instead of, as you now stand before your country convicted of, dipping your hands in her blood.  I entreat of you when you return to the dismal cell to which you will be consigned, to atone to your God for the dreadful crime you have committed, for there is no mercy for you on this side the grave."

   His Honor then passed the sentence of death on the prisoner, to be carried into effect on Monday, and his body to be given to the surgeons for dissection.

 

R v Free [1836] NSWSupC 32

 

R v Macdonald [1836] NSWSupC 29

 

THE AUSTRALIAN, Friday 13 May 1836

Executions.

We omitted noticing in our last, the execution which took place the previous day---that of William Kitchen, for the murder of his wife.  He was attended by the Rev. W. Cowper but exhibited in his demeanour nothing but the utmost apathy to the awful situation in which he stood, and the change which was about to take place. ...

   On Wednesday, another criminal underwent the extreme legal penalty, in the person of Joseph Free, convicted on Monday of the murder of Edward Brown, at Puen Buen, on the 9th November last.  His conduct before trial had been of the worst description; subsequently, however, the consideration of the punishment which was awaiting his crime, so overcame him, that it was sometimes thought doubtful whether he retained the use of his senses.  He was attended to the scaffold by the Rev. W. Cowper.

LAW.

SUPREME COURT (Criminal Side.)

FRIDAY, MAY 6. ---Before Mr. Justice Burton and a Military Jury.

   Ronald Macdonald was indicted for the wilful murder of Alexander Macdonald, at Bathurst, on the 18th of January last.

   It appeared on the evidence of Patrick Connell, servant to George Cox, Esq., that he was servant at the Nepean, and stopped at the MacDonald's' house to take refreshment; the deceased and the prisoner although of the same name, were not relations, and both lodged in the same house, witness, who had spirits with him, gave the inmates of the house some liquor, and they all had dinner together; after dinner, the deceased got on his horse and went out to gather some cattle into the stock-yard, [when??] the prisoner followed him; and in the [????] of a few minutes, witness hearing a noise in the yard, went out, and saw the deceased lying dead; blood was flowing from his head, which had formed a pool close to the body, at which two dogs were lapping; witness returned to the house and accused the prisoner of the murder of the deceased, when the prisoner said---"dev il's can [????] him, he got no more than he deserved, let him lie there and be damned;" witness accompanied by another man, went [???????] stock-yard, and brought the deceased [into] the house, and laid him on a bed; on the following morning, prisoner said that he knew it would happen some time or other, as they had had a quarrel for five years, and that he knew he must suffer for it; on the following morning, when witness got up, he saw the prisoner walking backwards and forwards before the door; witness asked the prisoner how his mate (meaning the deceased) was, to which prisoner replied, "he is right enough;" but on witness going in he found the deceased dead, and immediately acquainted the prisoner therewith, who answered---"Yes, and I am dead too."

   Several witnesses were called, who deposed to a quarrel having arisen between the prisoner and the deceased, and that the deceased had struck the prisoner with a roping stick, when the prisoner struck the deceased in return with another stick, and repeated his blows on the head when deceased was on the ground.

   John King, a material witness, swore that he arrived at Macdonald's farm on the day after the murder, and saw the deceased lying on a bed with two or three cuts on the forehead and one on the side of the head; prisoner told witness that the deceased had struck him with a roping pole, and that he had returned with a stick which he had in his hand, and that they struck one another indiscriminately until the deceased fell.

   Mr. Liscombe, coroner for Bathurst, stated that he got the account of the death of the deceased some days after the reported murder; that he tried to obtain the services of a medical man to proceed to the place where the murder was committed, but could not get one to go thither on account of the smallness of the fee, 2 Pounds, which no medical gentleman would take, as the distance was 70 odd miles from Bathurst; witness proceeded to the station, and held an inquest on the body; and had to raise the scalp from the head himself, to arrive at any satisfactory conclusion as to the cause of the deceased's death; his examination  of the deceased was no way satisfactory, as witness could not perceive any fracture on the skull, and supposed that the deceased's death was occasioned by extravasated blood pressing on the brain from the blows; this, however, was merely a supposition as he could only have a private and not a professional opinion.

   His Honor observed on the want of foresight in the Coroner, or, as it afterwards appeared, the absence of power in the Coroner in getting surgical assistance in such cases; 2 Pounds, or 3 Pounds, or any other sum was insignificant when the ends of justice were in question; 30 Pounds ought to be given, if required, sooner than injustice should be done.

   This was the case for the prosecution, and the prisoner made no defence, but called witnesses.

   Mr. Charles Campbell knew the prisoner for fourteen years, and considered him to be a very quiet, sober, industrious, and honest man; witness had known the deceased, who was a very passionate, intemperate man.

   His Honor summed up at length, and the Jury retired for some time and returned into Court; acquitted the prisoner of the capital charge, and found a verdict of manslaughter.  Seven years transportation.

MONDAY, MAY 9.---Before Mr. Justice Burton and a Military Jury.

   Joseph Free was indicted for the wilful murder of Edward Brown, at Puen Buen, county of Brisbane, on the 9th of November last.

   The prisoner, on being arraigned, pleaded that his witnesses were not in attendance, but the case having been postponed from last Sessions at the prayer of the prisoner, on the same grounds, His Honor ordered the trial to proceed.

   The principal witness was a man named Kilfoil, a servant to Mr. Macintyre, for whom the prisoner was overseer, who stated that a short time before the murder was committed there had been a charge of cattle stealing preferred against the prisoner, and witness and the deceased were witnesses in this case.  In consequence of the Police being in search of him, the prisoner kept out of the way, and on the morning before the murder he went to the farm, and asked Kilfoil if he intended to appear against him, to which Kilfoil replied that he must do so; and that whether or not the deceased would, as summonses had been left by the Police for himself and the deceased; prisoner said if witnesses would not go against him he should be all right, as "Brown was not for this world," or some such like words, which sounded strangely to witness; at this time the deceased was at an out station where he had been sent by the prisoner; prisoner went to the huts, and taking with him a pair of blankets tied up in a bundle, with some clothes and a tomahawk then went away, being accompanied by a man named Davis.  As soon as the prisoner was gone Kilfoil mentioned the mysterious expressions of the prisoner with regard to Brown, and Kilfoil determined to proceed to the station where Brown was, and see if any thing had happened to him.  When he got to the place he discovered the prisoner, who was standing over the deceased's body hitting with some instrument at the head; and perceiving the witness he left the deceased and ran after him .  Witness however was nerved by terror and ran for his life to the nearest station, where he related his story; and a party went in search and eventually found the body which had been cut in two parts; one half tied up in one of the blankets the prisoner had taken from Davis's hut, and the other half tied in deceased's trousers, and hid at the top of a hill near to the scene of the murder; close to the place where the murder was committed was found a tomahawk, and a spade which had been missed from one of the stations a short time before.

   The prisoner in cross-examining the witness, attempted to make it appear that it was a conspiracy against him, and that the murder had been committed by some one else; he however totally failed in his intent, and His Honor summed up at great length, and left the case with the Jury, who retired a few minutes and found the prisoner Guilty.

   Mr. Therry prayed the judgment of the Court, and His Honor passed the sentence of death on the prisoner, and ordered him for execution on Wednesday morning.

 

The Sydney Monitor, Saturday 14 May 1836

FRIDAY, MAY 13.

Before Mr. Justice Kinchela and a Military Jury.

   Patrick Ryan stood indicted for the wilful murder of Michael Finnegan alias William Evans, on the 29th March last, at Holdsworthy, in the district of Liverpool, by striking him on the head with a musket, whereof he died.   ... [drinking quarrel] ...

The Jury returned a verdict of Guilty, when sentence of death was passed on the prisoner, to be carried into execution on Monday morning next.

CORONER'S INQUEST.

An inquest was held at the Currency Lass, George-street, on the body of George Creagh, an assigned servant to Mrs. Bunn, at Newstead, on the opposite shore of Darling Harbour, who had been recently employed in the establishment of Mr. J. T. Wilson, Ironmonger.  It appeared that the deceased slept at Newstead, a boat being usually in waiting at Darling Harbour to convey him home.  On the night of Tuesday, no boat was sent in consequence of the rain; and on the following morning the body of the deceased was found in a hole, which has been dug on the Ultimo Estate, then filled with water.  It was apparent that the deceased not finding the boat as usual, proceeded homewards round the head of the harbour, through Ultimo Estate, and it being then dark had fallen into the hole from which he had been unable to extricate himself.  Verdict---Accidentally Drowned.

   It may be recollected by our readers that a proclamation appeared recently in the Official Gazette, offering a reward of $(Pounds)100, for the apprehension of the murder of PATRICK FOX, an overseer on the farm of Mr. James Marks, of Sydney. Suspicion fell on an assigned servant to Mr. Marks, who slept in the hut and who represented the murder to have been committed by three bushrangers; in a statement subsequently made he spoke of two only.  The singularity of the prisoner's conduct on the occasion, his various contradictory statements; the circumstances of no property having been taken away, saving a few articles of wearing apparel which belonged to deceased and which he had concealed in a place known only to himself, whilst various articles belonging to the prisoner which lay exposed were untouched; his assurance to a neighbour after the murder, who expressed her apprehension that the bushrangers would be there also; that they would not trouble her as they only wanted Fox, and were satisfied; his quarrel with Fox, and expressions of revenge, observing that he would go cheerfully to the gallows, and be hanged for him like a b----y dog, tending to make a chain of circumstances against him too powerful to leave a doubt of his guilt.  The case, from the body of circumstantial evidence against him, occupied the consideration of the Court until half-past ten o'clock last evening, when the Jury retired about two minutes and returned a verdict of Guilty, and the prisoner received sentence of Death, to be carried into effect on Monday morning next.  He is a youth not exceeding twenty years of age, and asseverated his innocence to the last moment.

 

R v Murrell and Bummaree (1836) 1 Legge 72; [1836] NSWSupC 35

 

THE AUSTRALIAN, Tuesday 17 May 1836

Execution.

James Tobin, convicted of the murder of Patrick Fox, at Illawarra, suffered the extreme penalty of the law yesterday morning.   ... and persisted to the last moment in declaring his innocence of the charge for which he was about to suffer death.

LAW.

SUPREME COURT (Criminal Side.)

FRIDAY, MAY 13---Before His Honor Chief Justice Dowling, and a Civil Jury.

   Jack Congo Murrell, and Bummaree, were severally indicted for the murders of two other Aboriginal Natives at Windsor, on the 21st December last.

   When arraigned and called on to plead, the prisoners, through their interpreter (the Rev. Mr. Threlkeld) stated that they had assaulted the deceased men in consequence of injuries they had received from them, which was entered by the Court as a plea of "Not Guilty;" and when asked by what Jury they would be tried they required a Jury of Blackfellows.  His Honor stated that they could not have such a Jury; and after some explanation by the interpreter, they chose a Civil Jury.

   When the Jury was sworn it was announced that Mr. Sydney Stephen, who had been assigned to the prisoners, was ill in bed and could not attend, in consequence of which His Honor requested Mr. Windeyer to act as their counsel at a short notice, and that Gentleman stated he would do his best for them.

   Jack Congo Murrell was then put on his trial for the murder of Pat Barey, at Windsor on the 21st December last.

   Mr. Therry opened the case, and in the course of his address remarked, that although the Crown Officers would wish that the prisoners should have the benefit of Counsel, yet when it was considered that the Judge was Counsel for the prisoner, he thought that in this case the prisoner's friends and advisers would be perfectly satisfied.

   His Honor said that Mr. Therry's assertion that the Judge was Counsel for the prisoner, was a most erroneous supposition, which he believed was too generally conceived; the Judges utmost duty was to see justice properly administered; he held the scale of justice in his hands and no more.

   The case for the prosecution being closed, Mr. Windeyer said the prisoner had nothing to say and had no witnesses to call, as the only witnesses they could have called were Blacks like themselves, who could not be sworn, as they did not believe in a future state.

   His Honor said that the point had never been decided, because it had never been mooted; he would not say whether they could be admitted as evidence or not until the question came before him.  If the prisoners had any witnesses they might try the question.

   Mr. Windeyer then proposed to call a native named M'Gill, who was in Court, to speak as to the customs of the Blacks; but His Honor said he could not admit evidence of the customs, which had been solemnly argued and decided by the Court as having no influence on the case.  If Mr. Windeyer had any witnesses as to fact he might bring them forward.

   Mr. Therry replied; and His Honor said he should certainly let the case go to the jury on the evidence.

   His Honor them summed up.  This was a most important case, being the first of the sort ever brought before the Supreme Court of New South Wales, and which would be a precedent for future proceedings in like cases; until recently it had been the general opinion  of the Public and of one or two of the Judges, that the Aboriginal Blacks were not amenable to British law, excepting when the transgression was made on a white man; but the case had lately come under the consideration of the Judges, who had decided that by the Act of Parliament, in strict terms, the Court had jurisdiction of them, and they were amenable to British law; and His Honor stated, that the Jury were legally in charge of the prisoner.  If the prisoner, however, was amenable to British law, he was equally entitled to the protection of the law, and to all the advantages that the law gave to other subjects; and although it had been stated in evidence that the Blacks were generally considered as beasts of the forest, he, in presence of Almighty God declared, that he looked on them as human beings, having souls to be saved and under the same divine protection as Europeans.  With respect to their admission as witnesses, the law which required him to answer for offences, allowed them to defend themselves in the best way they could; and if witnesses of their own nation could not be put upon their oaths, yet evidence might be obtained from them in the best manner possible.  His Honor then read his notes of the evidence, and the Jury retired a few minutes, and returned a verdict of Not Guilty.

   Mr. Therry said he did not suppose the Attorney General would proceed against the other Black, as the cases were similar, and both depended on the same evidence.  The prisoners were discharged.  

 

R v Dasey [1836] NSWSupC 36

 

SYDNEY GAZETTE, 17/05/1836

The soldier RYAN, convicted on Friday of the wilful murder at Liverpool, and WILLIAM D'ARCY alias DASEY, convicted on Saturday for the same offence, at Vincent's Station, district of Cassilliss, who were ordered for execution yesterday morning, have been respited (we believe) until to-morrow morning (Wednesday.)

 

THE AUSTRALIAN, Tuesday 24 May 1836

It is always gratifying to know that punishment has fallen on the guilty head.  But in cases of murder, it is doubly so.  For the bare apprehension of a man being at large who has once committed that offence, and who may soon repeat the crime on some one near and dear to you, and the possibility that an innocent individual has been executed cannot but create uneasy fears and doubts amongst those who feel any interest about their fellow creatures.  James Tobin who was executed the other day for the murder of Patrick Fox declared upon the scaffold that he was innocent.  The following statement may be relied on, and it is satisfactory to know it:---

"I was told by a labouring man in my service, named S. two or three days before the arrival of Fox in Sydney, that he had seen Fox on his way from Kiama, who had requested him to employ me professionally on his behalf.  S. related to me many of the particulars of the story, as  from Fox himself; he stated that Fox had urged him, (S.), to give some false evidence in his favour.  S. says, he told Fox that after what he had acknowledged, he would not give any such evidence; because it would do him (Fox), no good, and it would be certain to get him into a scrape; adding , "nothing can save him, he deserves it, for it was a most cruel murder."

 

The Sydney Monitor, Wednesday 25 May 1836

An inquest was held on Saturday last, at the Albion Inn, Market Wharf, on the body of a man, named unknown, which was found cast on shore at Lane Cove on the previous evening.  The body was far advanced towards decomposition, and rendered the identity of it as a matter of conjecture, but from the evidence adduced it was supposed to be that of a man named Joseph Pemberton, an assigned servant to Mr. Samuel Onions, who absconded on the 9th instant, and had not since been heard of.  No evidence being arrived [at as?] to the cause of the death of the deceased, the Jury returned a verdict---Found drowned.

   An inquest was held on Sunday last, at the King's Head Inn, Argyle Street, on the body of a seamen belonging to the Colonial vessel Isabella, who was found dead in the carpenter's berth on the preceding day.  It appeared in evidence that the vessel had undergone the process of fumigation on the day previously, for the purpose of purifying her and destroying rate, and the deceased who had been observed to be in a state of intoxication, had although warned of the circumstance, unfortunately gone below unperceived to the berth, where he was found, for the purpose of taking a sleep, and had been suffocated.  The Jury returned a verdict to that effect.

   Another inquest was held at the sign of the Roebuck, Surry Hills, on Monday last, on the body of Samuel Garling, who lost his life under the following circumstances. It appeared that the deceased was attached to Mr. Busby's Gang, and was employed in one of the excavations near Botany.  It was the duty of the deceased to descend a narrow shaft for the purpose of performing his work which he usually did by means of a rope which was suspended over it for that purpose; but on going to work on Friday, and finding no rope there as usual, he descended a short distance by placing his hands and feet against the sides of the shaft after the manner of chimney sweepers, but had not proceeded many yards in this manner when he lost his footing, and was precipitated to the bottom, a depth of thirty-two feet; the circumstance being known to his fellow workmen on the top, assistance was promptly rendered, but on taking him up from the shaft he was discovered to be quite dead.  The Jury returned a verdict of---Accidental death.

   Another inquest was held at the Court House, Parramatta, on Monday last, before Mr. Coroner Hayward, on the body of a man named Thomas Hacker, as assigned servant to Major Lockyer who was drowned under the following circumstances. It appeared that the steamer Experiment, on her trip to Parramatta on Sunday, laid in at Kissing Point for the purpose of landing a passenger at that place, when the deceased who was a tailor in Mr. Lockyer's service, went off in a small dingy belonging to the cutter Ranger, for the purpose of landing the gentleman in question.  He got over the side of the steamer into the boat, when the master of the steamer enquired if all was ready, and to let go the rope, at the same time giving directions to the engineer to put the steamer under weigh, which he did; the deceased must unaccountably still held on the rope attached to the steamer, in consequence of which, and the dingy not being trimmed she went broadside under; the Master of the steamer ordered the vessel to be stopped, hastened to the assistance, and succeeded in  seizing the passenger by the coat and pulled him on board, at the same time calling to the deceased directing him to hold on the rope as the only means of saving himself, till further aid could be afforded, but he then immediately let go and went down; he was not seen to rise, and although the boats belonging to the vessel surrounded the spot where he sank and means were resorted to for the purpose of raising the body, no trace of it could be discovered until the evening, when it was found washed ashore within a few paces of where he sank.  The Jury returned a verdict---Accidentally drowned.

 

The Sydney Monitor, Saturday 25 May 1836.

CORONER'S INQUEST.---An inquest was held yesterday, at the Red Lion, Castlereagh-street, on the body of Mary Kennedy, who was found drowned in a well situated on the premises of a person named Terence M'Ilone, in Castlereagh Street, on the previous evening.  The deceased resided on an adjoining allotment, but the proprietor having erected no water closet thereon, the inhabitants had been in the practice of using that on the premises M'Ilone, who had recently sunk a well within a few paces of the water closet, in passing to which deceased was supposed to have fallen in.  She was seen at the hour of five o'clock by one of the neighbours, but when her husband came home she could not be found.  She had been much addicted to drinking, but on the day in which the melancholy accident happened she had been sober during the whole of the day.  Verdict---Found drowned in a well which had been left open on the premises of M'Ilone, Castlereagh Street.

 

THE AUSTRALIAN, Friday 27 May 1836

The following Inquests have been held during the week:---

   On Monday, at the King's Head Inn, Argyle-street, on the body of a seaman belonging to the schooner Isabella, who met with his death from suffocation, caused by the smoking of the vessel to expel the rats, and the deceased being intoxicated and asleep in the carpenter's berth, unknown to the rest of the seamen, who supposed that he was ashore.  Verdict---Died from suffocation.

   On Tuesday, at the Roebuck Inn, on the Surry Hills, on the body of Samuel Garling, attached to Mr. Busby's mining gang, who met his death on the preceding evening by falling down one of the shafts, and fracturing his skull.  Verdict---Accidental death.

   On Monday last, at the Court House, Parramatta, on the body of a man named Halket, an assigned servant of Major Lockyer, who was drowned by the boat in which he was being dragged under water by the Experiment steam boat on the previous day.  Verdict---Accidentally drowned.

   An old woman of the name of Kennedy fell down a well in Castlereagh-street, yesterday evening, and was drowned.  She was last seen alive about four o'clock in the afternoon, and when her husband went home from his labour about eight, he enquired for her, but she was not to be found, and he imagining that some accident must have occurred, commenced an immediate search, and at last she was found in a well upon some premises adjacent to their dwelling.  When she was taken out she was quite dead.

   An inquest was held on the body of Frederick Swindell, a well conducted young man, messenger at the Treasury, on Wednesday last.  The poor fellow had lighted a coal fire in the small recess under the stair at the Treasury, and having shut the door and gone to sleep, was found next morning suffocated by the noxious gas of the coals.  The features were dreadfully distorted.

 

THE AUSTRALIAN, Tuesday 31 May 1836

Just as we were going to press, intelligence reached us of the awfully sudden death, last night, of the Rev. Richard Hill.  It appears that he was occupied in the vestry of St. James's Church, writing a letter, when he was suddenly attacked by a fit, and immediately expired.  An inquest will be holden on the body this morning. [Report of funeral, AUSTRALIAN, 7 June.]

 

The Sydney Monitor, Saturday 4 June 1836

A CORONER'S INQUEST was held at the sign of the Newcastle Packet, Clarence-street, on Thursday last, on the body of Mary Dougherty an infant aged five years, who met her death in consequence of her clothes taking fire on the previous evening.  The accident occurred at the house of a married sister, who resides on the Brickfield Hill, where the child had been amusing itself with a small bonfire in the yard by which its clothes became suddenly ignited, and instantaneously encircled it in one volume of flame before assistance could be administered.  It was burnt in the most appalling manner, and died in a few hours after the accident.  The Jury returned a verdict. Accidental Death.

 

THE AUSTRALIAN, Friday 10 June 1836

Horrible Occurrence.

We have had made known to us the following extraordinary as well as horrible event, particulars of which have not yet been made public.  It seems that the neighbourhood of a station belonging to Major Druitt down to the southward of Mudgee, has been infested for some time by a nest of bushrangers; they induced a servant of the Major's to abscond with them lately, and that gentleman's overseer, a Mr. Sibthorpe, went in pursuit; after a long and tedious chase he came suddenly upon the gang, as they were sitting surrounding a fire; though accompanied only by a black boy, and not very well armed, he rushed upon them, telling them to surrender; the men took to their heels immediately; on examining the spot, Mr. Sibthorpe found to his horror, the body of a man on the fire, and half consumed !  It subsequently appeared that the deceased was one of their own party, an absentee from Major Druitt's service, and that he had been first shot by his companions, and then put on the fire, it is not known with what object; none of the party have as yet, we believe, been apprehended.

 

The Sydney Monitor, Saturday 11 June 1836

CORONER'S INQUEST.---An Inquest was held yesterday at half past four o'clock at the Three Tuns, King-street, on the body of Robert Maxwell who died in the General Hospital, on the morning of Thursday of tetanus or lock jaw.  It appeared that the deceased had been committed by the Sydney bench of magistrates to the gaol, in default of bail to keep the peace, on a conviction for assault about a fortnight ago.  On Monday last, he was suddenly attacked with violent spasms and sent to the general Hospital, when he became worse, tetanus being thereby induced; he was attended by Dr. Mitchell, but died on Thursday morning. There was a bruise on his right heel, which deceased said before his death had been occasioned by a constable, by whom he had been pursued, the night previous to his appearance at the Police Office, throwing a stone after him which struck him on the heel, but he was not acquainted with the constable's name.  This wound, the dispenser at the General Hospital, who is a medical man, stated to be a division of the tendon of the heel by a blow or cut, and was sufficient to produce tetanus.  Dr. Mitchell saw the wound on the entry of the deceased into the General Hospital, but it appeared a mere superficial wound or bruise; tetanus might be cause by the injury or by cold, or by lying in a damp cell.  With the exception of the bruise on the heel there did not appear to be any wound or injury on the body of the deceased.  Dr. Mitchell remembered deceased about three weeks ago, attending at the General Hospital, to make a complaint to him that he had been pursued by some persons who had thrown stones at him, but he considered him insane and directed him to complain to the Magistrates at the Police Office, and deceased then left him, saying he would do so.  After the evidence had been gone through, a person present (not on the Jury) stated that he remembered the conviction of the deceased for an assault on a person named Jones residing in Frazier's lane; he having thrown a stone at that person without any cause or provocation.  When taken before the Bench he stated, that the person confined in the cell from which he had been brought, had made an attempt on his life, but he was then considered a maniac and no notice was taken of his statement.  The Coroner observed, that if the deceased had given the name or names of any persons whom he had spoken of as having thrown stones at him he would consider it his duty to institute a further investigation into the case, but in the absence of testimony as to the manner in which the wound was obtained, he thought, they could have no hesitation in finding that deceased died by the visitation of God.  Deceased appeared to be a poor maniac and had told improbable stories about persons pursuing him and attempting his life.  It was not improbable that he had fallen and wounded himself on some broken glass bottle or other dangerous substance which are frequently but improperly to be found about the streets of Sydney.  The Jury concurred in the recommendation of the Coroner and returned a verdict accordingly.

 

THE AUSTRALIAN, Tuesday 14 June 1836

BIRTHS.

On Saturday last, Mrs. Chester, King-street, of a still born child.

 

The Sydney Monitor, Saturday 25 June 1836

CORONER'S INQUEST.---An inquest was held on Tuesday, at four o'clock, at Mr. Driver's public-house, the sign of "The Three Tuns," King Street, on the body of a man named James Bolger, who died in the General Hospital on Monday morning last, under the following circumstances.  It appeared from the evidence of Robert Wellings, a butcher residing on the Parramatta Road, that the deceased was brought on a dray, on Wednesday last, to his house, apparently in great agony from having been burned; the man who drove the dray, stated to witness that he had found him lying in the bush, on that morning, between Ireland's and the Punch Bowl Road, near the remains of a fire; that he understood from deceased that he had laid down on the night previously near the fire, which had communicated to his clothes and had burnt him in the manner in which he was then.  He had put him on his dray, for the purpose of betaking him to the Hospital; but he had complained by the way of the extreme agony he was in from the shaking of the dray, and expressed his willingness to die on the road, rather than proceed in that manner.  On reaching witness's house, he (witness) was informed of the circumstances, and the unfortunate man was lifted out of the dray into the house; witness made him some warm  drink, and prepared a spring-cart, in which he brought the deceased to Sydney with as little delay as possible.  The attendant of the Hospital ward into which deceased was put, stated that he heard Dr. Mitchell ask deceased how the accident had happened; deceased said "that having taken a glass or two too much, and unable to proceed further on his journey towards Sydney, he had made s small fire in the bush and had laid down by it and was burnt;"  Dr. Mitchell observed, that he must have been very drunk indeed to suffer himself to be burnt, but he would not acknowledge to have been drunk; he observed, however, that he had nobody to blame but himself for what had happened, and if he ever recovered, he would never drink again.  A certificate, drawn by Dr. Mitchell, was read, which set forth that the body and lower extremities of the deceased had been injured by fire in a manner which was sufficient to cause death.  The Jury returned a verdict of Accidental Death---complimenting the witness Welling for his humane conduct towards the deceased.  The deceased had just become free, and was on his way to Sydney for the purpose of obtaining his certificate of freedom.

 

THE AUSTRALIAN, Tuesday 28 June 1836

DEATH.

On the 11th instant, whilst proceeding to his Estate on the Lower Hawkesbury, William Ascough, Esq., aged 60, much lamented by numerous friends; the melancholy event is supposed to have happened by the vessel in which he was a passenger bring upset by a sudden gust of wind, by which all on board to the number of eight persons perished.

 

The Sydney Monitor, Saturday 2 July 1836

CORONER'S INQUESTS.

   A Coroner's Inquest was held, on Wednesday last, at the Bricklayer's Arms, Market Street, on the body of a boy of about 12 years of age, named Joseph Jennings Walker. The only witness examined was Master George Jilks, who deposed, that on Tuesday last he was playing in a yard behind the Cat and Bagpipes, which had been walled in for the purpose of forming a ball alley; the deceased, a son of Mr. Bourne, and several other boys were playing with him.  Without any previous warning, he saw the whole wall of one side (which was about thirty feet high and 35 feet long) falling in, he ran away, calling to the other boys to do the same; the deceased appeared paralised, for instead of running away he merely shrugged up his shoulders, and the wall  fell upon him.  All the other boys escaped, with the exception of Henry Bourne, who was dreadfully injured.  Mr. Surgeon Burke certified that the injury on the head of the deceased was sufficient to cause instantaneous death.  One of the jury wished to go into an enquiry on the state of the wall, in order that a deodand might be levied, but the Coroner gave it as his opinion that no deodand would lie, as the wall was not a body in motion, and had no machinery attached to it, noir had any previous condemnation taken place.  A person having, however, mentioned that the owner of the house had been warned that the wall was insecure some time before, the Coroner said that he would take time to consider whether a deodand would lie, and to obtain competent evidence of the state of the wall.  The inquest was adjourned to this morning.

   An Inquest was held on Thursday last, at the Globe Tavern, on the body of Jane Wheeler, an elderly female, residing in Castlereagh Street, who expired suddenly on her own premises, while occupied in some domestic pursuit, on the morning of that day.  The Jury returned a verdict---Died by the visitation of God.

   A Coroner's Jury was empannelled yesterday afternoon, at the Albion Inn, Market Wharf, for the purpose of holding an inquest on the body of Isaac Dickenson, a wood cutter of Kissing point, who was found dead, in the water, near the Wharf, on that morning.  It was ascertained that the deceased and the deceased and two other persons, a man and a woman had arrived at the Wharf from Kissing Point, at an early hour, and those persons being known were sought for and found in the neighbourhood.  On being interrogated, they stated that the deceased had been left in the boat asleep when they came shore, and they had not since seen him.  The woman, in whose service the deceased had been employed about a week, attended the inquest for the purpose of giving evidence, but was so much intoxicated as to render it impracticable to take her statement on oath.  It was stated to the Coroner that the man was also in the same state, in consequence of which the Inquest was of necessity adjourned, until eight o'clock, the woman being placed under the charge of a constable in order to prevent her from getting any more spirits; by which time there was a possibility of her having so far recovered, as to enable him to take her evidence. The Coroner ordered the man to be put under surveillance also, but he could not be found.  The Jury examined the body assisted by Dr. Hosking, which presented only, the appearance usual in cases of death by drowning, and Dr. Hosking gave a certificate in which he stated his opinion, that the deceased had been so caused.  A slight rumour had been circulated that unfair means had been used towards deceased which appeared to be without foundation.  The Inquest was resumed at eight o'clock.  A person named Stewart, from Lane Cove, stated that he had a boat moored near the Wharf and had a fire on board in an iron pot. The deceased and a woman named Dacey arrived in a boat from Kissing Point, about two o'clock, and got into his boat for the purpose of warming them selves, where they remained until day light; deceased sat during that time with his head over the fire inhaling the smoke. Witness and Mrs. Dacey went ashore to get a glass of liquor, and witness was informed afterwards that the deceased had been found drowned.  The Coroner thought it unnecessary to examine Mrs. Dacey.  And the Jury returned a verdict found drowned.

 

THE AUSTRALIAN, Tuesday 5 July 1836

We announced a short time back that some Bushrangers had been discovered in the act of burning a human body in the bush near Major Druitt's station in the Bathurst country; we have been since favored with the perusal of a letter which gives the whole circumstances; it seems that two assigned servants were in a lock-up on the farm of Mr. Alexander Busby, awaiting punishment for some slight offence; these men had rendered themselves obnoxious to some Bushrangers who had been out some time in the neighbourhood, by giving some information or other of their proceedings; and the latter, hearing by some means of their confinement, broke into the lock-up, plundered it and marched off with the two prisoners and their booty.---Mr. Busby sent off immediately on discovering the fact for  a Mr. Ferris who resides near the spot, and they both proceeded, accompanied by a constable, in pursuit; after tracking them for six or seven miles they lost all further traces---but having got the assistance of a native black, they were enabled to continue the chase by the extraordinary faculty possessed by these natives, following over stony ridges and bare ground, where to all but the black not the least trace was visible; suddenly they came upon a fire, upon which was the body of one of the unfortunate men who had been kidnapped, nearly consumed, but with the features still visible; they managed to secure one of the murderers, and on the following Monday captured the other at Talbrayar, a station of Mr. Lawson's; the companion  of the murdered man had managed to effect his escape before the arrival of Mr. Busby and his party.

Aborigines.

We see by the Herald that a party of the Aborigines in the neighbourhood of Liverpool Plains, have attacked a station belonging to a Mr. H. Hall, and murdered one of his assigned servants.

 

The Sydney Monitor, Wednesday 6 July 1836

   The adjourned Coroner's Inquest on the body of Joseph Jennings Walker, was held on Saturday, when the Coroner informed the Jury that they could not levy a deodand upon the wall which had caused the death of the deceased; but they could upon that portion of it which was the immediate cause of death.  The Jury returned a verdict of Accidental death, with a deodand of one shilling.

 

The Sydney Monitor, Saturday 16 July 1836

CORONER'S INQUEST.---An inquest was held on Thursday last, at the sign of "The Pack Horse," Campbell-street, on the body of Anthony Stenning, an infant of five years of age, whose death was occasioned by fire under the following circumstances.  Wm. Charles Bainbridge, a boy about ten years of age, who resides on the Liverpool Road, deposed, that the deceased, a little girl, a sister of the deceased, and himself, were playing in a paddock, called "Moore's paddock," on Tuesday last, when deceased proposed to burn a small tree down, and procured some fire for that purpose.  Having placed some sticks and leaves against the tree, he was in the act of setting fire to them, when a burning coal fell upon the pin-afore of the deceased, which was instantly in a blaze; deceased screamed, and deponent being much frightened ran into the road, where he communicated the circumstance to a man who was d riving a c art; the man ran into the paddock and succeeded ion tearing the burning clothes from the body of the unfortunate child who was burnt in a most dreadful manner.  Amelia Stenning, the mother of the deceased, stated that she had occasion to go to Sydney on Tuesday last, leaving the deceased and his sister at home.  On her return homewards, she met the chaise in which the deceased had been placed after the accident, and she then returned with him to Sydney for the purpose of obtaining medical aid, but he died on the following day.  A certificate was put in by Dr. Burke to the effect that the death of the deceased was caused by injuries inflicted by fire.  The Jury returned a verdict of Accidental death by fire.

 

The Sydney Monitor, Wednesday 20 July 1836

   An Inquest was held on Monday last at the sign of the Red Cow, Castlereagh-street, on the body of Margaret Williams, the wife of a labouring man, who died on the Sunday, from the effect of injuries inflicted by fire as noticed in a recent number.  Ellen Hallam, who resides near the residence of the deceased, stated that on the morning on which the accident occurred, she saw the deceased at about seven o'clock, and they each had a glass of rum together; deceased was then quite sober; the house of witness was not more than seven yards distant; at nine o'clock she saw smoke issuing from the door of deceased's house and went in, in order to ascertain the cause, when she saw the deceased lying on the hearth enveloped in flame.  The husband of the deceased was then lying asleep in bed, with the infant of the deceased.  Witness made an alarm, the man got up, and threw a blanket over the unfortunate woman, and also some wet linen which was at hand.  There was not more than a handful of fire in the chimney at the time.

   Mr. Surgeon Burke, who was called in at the time, stated that in questioning the deceased as to how the accident had occurred, she informed him that she was lighting her pipe, when a spark fell upon her clothes, which she took no notice of until she was in flames.  Witness certified that the deceased died from the effect of the fire.  Verdict, Accidental death by fire.

 

The Sydney Monitor, Saturday 23 July 1836

CORONER'S INQUEST.

   WARNING TO DRUNKARDS.---An Inquest was held on Wednesday last, at the sign of the Blue Lion, Kent-street, on the body of an aged man, named Benjamin Goddard, who was found dead in his bed at the hour of ten o'clock on that morning.  It appeared that the deceased had been from home on the previous evening, and had returned at a late hour in a state of intoxication; and after abusing the persons who resided in the house, he went to bed in his clothes.  No attempt was made on the following morning to disturb him until about ten o'clock when it was discovered he was a corpse!  The deceased had been for many years addicted to intemperance, but had abstained from ardent spirits for a month previous to his death, under a vow (on what account did not appear), which period had expired on that day; and being therefore released from his obligation (as he conceived), he had been heard to express his determination to get drunk his time being up.  He carried that determination into effect, and the melancholy occurrence above described was the result. The body was examined by Dr. Hosking, who certified that the death of the deceased was caused by an attack of apoplexy, and the Jury returned a verdict to that effect.

 

THE AUSTRALIAN, Tuesday 26 July 1836

The first Inquest at which the newly appointed Coroner for the district of Windsor officiated, was on the body of a son of the late Coroner, a boy of nine years of age, who unfortunately met his death by a fall from a horse on Saturday last.

 

The Sydney Monitor, Saturday 6 August 1836

CORONER'S INQUEST.---An inquest was held on Monday last, at the sign of the "Edinburgh Castle," Pitt-street, on the body of Patrick Sheehan, an assigned servant to Mr. George Humphreys, who died suddenly that morning.  He had complained while at breakfast of a pain in his head, and a few minutes after he had left the kitchen, a scream was heard in the stable, where a fellow servant found him extended on the ground.  On raising him up he said, Oh, I am gone! and immediately expired.  He had been tipsey on Monday last, and had complained of being unwell from that time to his death.  Dr. Hosking certified that death was caused by apoplexy, and the jury returned a verdict, "Died by the visitation of God."

   A man named Thomas Jones from the Bathurst district was arraigned on Thursday, for a rape on Catherine Fruery.  Just as the Jury were about to be sworn, Mr. Fisher stated to Mr. Justice Kinchela, that he was informed the prosecutrix was dead.  He had only heard of it that moment. (It is rumoured she has been murdered.)

   An Inquest was held yesterday at Mr. Edrop's public-house, Sussex-street, on the body of the steward of the steamer "Ceres," who died suddenly on board during the previous night.  It appeared from the certificate of the surgeon that the death of the deceased was caused by apoplexy; and the Jury found a verdict, "Died by the visitation of God."

 

R v Walker and Gore [1836] NSWSupC 56

 

THE AUSTRALIAN, Tuesday 9 August 1836

The Steward of the steamer Ceres died suddenly on the passage from Newcastle, of apoplexy, on Thursday night.  A Coroner's inquest was held on Friday, at Edrop's, in Sussex-street, and a verdict of accidental death was returned.

LAW.

SUPREME COURT.---CRIMINAL SIDE.

FRIDAY.---Before Mr. Justice Burton and a Military Jury.

   John Clifford alias Clogan, was indicted for the wilful murder of William Bailey, at the Green Hills, near Maitland, on the 4th July, by beating him on the head with a gun-stock until he died.

   Joseph Lowe, a settler, residing near Maitland, being sworn, stated---The prisoner lived about forty rods from me; he was a servant to William Miller; about ten o'clock on the night of the 4th July, I heard the voice of a man in the bush; he appeared to be lost; it was the deceased, whom I had never seen before; I heard him go to the prisoner's hut and ask who lived there; the prisoner came out and asked who it was; the deceased replied that he was lost; the prisoner then went over towards him, and said it was a very good job I did not shoot you; the deceased replied, "what should you shoot me for, I am doing nothing;" the prisoner then returned to his hut, and the deceased said, "if you will show me the way home I will give you the price of a pint of rum;" upon which, the prisoner returned towards the deceased, and said, "have you got any money?" and the deceased said he had; I then heard the deceased say "is that a half-a-crown, what piece is it?" I did not hear what the prisoner replied, but the deceased called him a dunghill bred scoundrel; the deceased said to the prisoner, "if you are at the races to-morrow I'll knock saucepan-handles out of you;" the deceased then told the prisoner, that he (the prisoner) was after Mary Jennings, a young woman who lived in the neighbourhood, but he would never get her, I went towards my hut and heard no more for a minute or two, when I heard three blows as if given by a stick on something soft; I heard neither sighs nor groans; I shortly afterwards heard the prisoner say, as he was walking into the bush, "I want you," but I heard no reply; I then went to bed; the next morning, the man who lived in the house with the prisoner came for two bullocks that were tethered on my ground, and told me a man had been killed; I went over to the hut, and there saw the deceased; I am satisfied in my own mind it was the man I heard the night before; I did not see any wounds on him; Mr.  Miller was in the hut; I cannot say whether I saw the prisoner that day or the next; I saw him in his own hut when he was in custody; I have often seen the prisoner with a fowling piece; I afterwards saw Mr. Miller with it; it was broken; when I heard the prisoner tell the deceased it was well he did not shoot him, he said it was loaded with buck-shot; it was so loaded when Mr. Miller had it.

   Cross-examined by the prisoner---I was sober that night; I did not tell you I had had three or four bulls; I had not spoken to the deceased above twice; it was a dark night; I did not see the person you were talking to; I did not know at the time that it was the deceased; I have heard both you and William Miller say that the place had been robbed once or twice; I was never jealous of her, nor told you I would get you sent away; this is the gun Miller had, but I cannot say it is the gun that the prisoner usually had.

   Michael Cahan---I recollect the night of the 4th of July; I live near the prisoner; I heard the prisoner urging a man away from him; he said if he did not go away he would break his head; I heard the other man speak, but I could not distinguish what he said; I heard a wrangling for some time; I saw the deceased the next day; his head was cut; he was dead; I think the doctor had seen him; I did not see the prisoner until he was in custody.

   William Miller---I am a blacksmith, residing near the Greenhills; the prisoner was my hired servant' I saw Daley dead in the prisoner's hut.  About ten o'clock at night the prisoner came to me and said that a man had attempted to rob the house, and he had struck him with the butt-end of his gun and had severely injured him; while he was telling me the particulars of the struggle he had with the deceased, the other man who lived in the hut, but who was not at home when the occurrence took place, came in and said the man was dead; I directly sent for Dr. Lewis.

   Mr. Henry John Lewis---I am a surgeon residing at the Greenhills; I went with Miller to see a dead body; when I saw it, it had been dead about twenty minutes; it was from ten to half-past ten o'clock; there were three wounds on the head; one of them was very extensive, but neither of them would have caused death; death was caused by the external violence; it is probable that the wound was inflicted by the flat side of a gun-stock, but I do not think that the barrel could have been bent by the blow; it was not sufficiently violent.

   The prisoner in his defence said that the deceased had come to the hut and insisted on his shewing him the road home; he refused to do so, and after some abusive language he broke open the door and they had a struggle for the gun, and in doing so they got out of the hut, and in a fall the gun broke, leaving the stock in his hand with which he struck the deceased.  He called the following witnesses:---

   William Miller recalled---I know nothing ill of you; when you was in my employ I always considered you an honest, quiet, inoffensive man.

   John Casey---I am a constable in the Sydney Police; I have known the prisoner about three years, and always took him to be an honest man and by no means quarrelsome.

   The learned Judge briefly summed up and the Jury returned a verdict Guilty of manslaughter.---Remanded.

 

 

THE AUSTRALIAN, Friday 12 August 1836

Walker and Moore, convicted of the wilful murder of Thomas Woods, were executed on Wednesday last.  They were attended by the Rev. Mr. M'Encroe, and apparently joined in their devotions with much fervour.

 

R v James (1836) NSW Sel Cas (Dowling) 309; [1836] NSWSupC 59

 

THE AUSTRALIAN, Tuesday 16 August 1836

The Military Jury who tried James, for the murder of his wife, on Thursday last, were locked up all night, having been unable to agree upon their verdict.  While locked up, one of them sent to the Sheriff, requesting to be allowed a glass of water.  O dear, no !---he couldn't think of such a thing !  The Judge, upon hearing of it, instantly ordered that "any reasonable refreshment" might be taken to them.  Mr. Sheriff, when he gave the answer in the negative, must have been taking something more than water himself, we doubt !---or else a President of a Temperance Society is nothing to him.

LAW.

SUPREME COURT.---CRIMINAL SIDE.

THURSDAY, AUGUST 11.---Before the Mr. Justice Burton and a Civil Jury.

   John Williamson and John Lynch, assigned to Mr. Barton of Oldbury, were indicted for the wilful murder of Thomas Smith, at Sutton Forest, on the 4th March last, by beating him on the head with sticks.  The Jury retired about half an hour, and returned a verdict of Not Guilty.  There being other charges against the prisoners they were remanded.

   Before Mr. Justice Kinchela and a Military Jury.

   William James, a free man, residing at Twenty-mile Hollow, in the district of Bathurst, was indicted for the wilful murder of Mary his wife, by strangling her with a handkerchief, on the 12th October last.---Guilty.---Death.  Respited until the opinion of the Judges could be taken on a point of law raised in his favour by his Counsel.

 

The Sydney Monitor, Wednesday 17 August 1836

CORONER'S INQUEST.---An Inquest was held at the "O'Connell Tavern" on the body of an aged man named WILLIAM STAMFORD, who was about to be taken to the Benevolent Asylum, as an object of charity, but who suddenly died on the way thither.  It happened that the deceased had been in a feeble condition for a considerable time past, and a gradual but complete decay of the animal powers, had left to his death.---Verdict died by the visitation of God. [See AUSTRALIAN, 19 August, below.[

MURDER.---Bathurst correspondent.  Two Mounted Policeman - Harmer shot.

 

THE AUSTRALIAN, Friday 19 August 1836

Coroner's Inquest.

An inquest was held on Sunday, at the Daniel O'Connell tavern, Brickfield hill, upon the body of a man named William Brestford, who had been employed as a gardener by Mr. M'Donald, at Woolloomooloo.  It appeared from evidence that the deceased was upwards of seventy years of age, and had been complaining for some days previously.  On the day before his death he was taken seriously ill, and his master caused him to be removed to the Benevolent Asylum in a cart; when passing by Carter's Barracks he died.  The Jury, under all the circumstances, returned a verdict of "died by the visitation of God."---Gazette. [See Monitor, 17th August.]

LAW.

SUPREME COURT.---CRIMINAL SIDE.

(Before the Acting Chief Justice and a Civil Jury.)

MONDAY, AUG. 15.---Thomas Robison an assigned servant to the Rev. Joseph Docker, of Windsor, stood indicted for the wilful murder of Thomas Cabner, a fellow-servant, on the 23d May last.  It appeared from the evidence of Mrs. Docker, that her husband had occasion to attend the Quarter Sessions at Maitland, leaving the management of the farm to the deceased.  On Whit-Monday, the prisoner and deceased were seen at work together after dinner, but were missed from the field a short time afterwards.  The prisoner returned home about eight o'clock, in a state of intoxication; he was asked by his mistress what had become of the old man, meaning deceased; he said he could not tell; he had not seen him. On going towards his hut, he was heard to use some harsh expressions in allusion to the deceased, calling him an old wretch.  On the following morning, the deceased was found on the road, near a neighbouring public-house, in a state of insensibility from the ill-usage he had received; one of his arms being broken; he was taken to the hospital at Windsor, where he died about an hour afterwards.  Surgeon Richardson deposed to the death of the deceased having been occasioned by blows.  The circumstances which cast a suspicion upon the prisoner having murdered the deceased, were, his having been seen at a public-house near Windsor, in the company of the deceased, on the evening previous to the murder.  In the early part of the afternoon, Mr. Hodges the Chief Constable, had also seen the prisoner and the deceased together; the latter appeared to be intoxicated at the time, and the former appeared to be pulling him along by the arm, as if anxious to take him beyond the reach of the police.  He having been called on by the Bench to account for the manner in which he had spent the afternoon, and where he had become intoxicated, stated, that he had met an old shipmate, named Barritt, who procured a bottle of rum, with which they got drunk.  Barritt being now put into the box, denied having seen the prisoner on the day in question.  The Jury retired for a few minutes, and returned a verdict of Not Guilty.

 

The Sydney Monitor, Saturday 20 August 1836

   An Inquest was held yesterday afternoon, at the Patent Slip Sussex-street, on an aged man named James Fisher, who expired near the lime kilns in Darling Harbour, in the early part of the day.  The deceased had been in the habit of sleeping at the kilns for a considerable time past being unable to procure himself a lodging.  He had been long subject to disease, and appeared to have died from exhaustion.  The Jury found a verdict---"Died by the Visitation of God."

   INQUEST.---An inquest was held on Thursday last, at the sign of the "Horse and Jockey," Pitt-street, on the body of Mrs. Margaret Hennessey, an elderly female of respectable appearance, who died suddenly on the preceding evening in Pitt-street, between weight and nine o'clock, opposite the premises of Mr. Quinn. Mrs. Quinn stated, that hearing a noise opposite to her door as of a person being sick, she went into the street, and saw the deceased lying on her face.  Deponent's servant and a man who was passing at the time raised her up; she appeared to be in a dying state, and a messenger was despatched to request the attendance of several medical practitioners who reside near the place; being unsuccessful in obtaining their attendance, the messenger was sent to Dr. Hosking who came, but the deceased had expired a few minutes before his arrival.  Mr. O'Brien, a gentleman residing in Phillip street, stated that the deceased was a relative of his, and had left his home on Wednesday evening, a little after eight o'clock, for the purpose of proceeding to her residence in Pitt street.  She appeared to be in her usual good state of health and very cheerful.  She had been a person of very temperate habits, but had been subject to fits, with one of which she had been attacked about two months ago.  Dr. Hosking certified that death in this case was caused by apoplexy, and the jury returned a verdict of DIED BY THE VISITATION OF GOD.

   Another inquest was held immediately after the former, at the sign of "The Union," corner of King and George street, on the body of a man, named James Stewart, who died suddenly on the steps of the said house at about two o'clock on Thursday.  Mr. Thomas Smidmore, the landlord stated, that seeing the deceased, who appeared to very very unwell, sitting on the steps, he asked him what ailed him; he stated that he had been taken suddenly ill, and was endeavouring to reach Dr. Hosking's but found himself sop weak as to be unable to proceed.  He requested a drink of water which was given him.  Deponent enquired who he belonged to; he stated he was in the service of Mr. Kenny.  Finding himself getting worse, he requested to be allowed to lie down on a bench in the tap-room, and deponent obtained the assistance of two men for the purpose of carrying the deceased in, when he was attacked by a fit and immediately expired.  His clothes were searched by the constables in order to ascertain whether he had any papers about him which might give a clue to his identity, but his pockets contained nothing.  A great number of persons looked at the body during the afternoon, but he was unknown to all.  A person who was acquainted with the servants of Mr. Kenny, Appin, stated that deceased had not been in the employ of that gentleman.  Dr. Hosking certified that death was caused by apoplexy, and the jury, as in the former case, returned a verdict---DIED BY THE VISITATION OF GOD.

   We have since learned the deceased was in the employ of Mr. D. King, of Market street, who on deceased complaining of being unwell, had recommended him to go to Dr. Hosking.

 

The Sydney Monitor, Wednesday 24 August 1836

An inquest was held on Friday at the "Sportsman's Arms, Parramatta street, on the body of Andrew Brown, overseer to Mr. G. T. Graham, of Hereford House, who was found dead in his bed on Thursday night last.  The deceased had been accustomed to the use of ardent spirits, and was represented as having been under their influence on the evening preceding his death.  Dr. Hoskins certified that his death had been caused by apoplexy, and the jury found---"Died by the visitation of God."

 

The Sydney Monitor, Saturday 27 August 1836

Another inquest was held at the "Leather Bottle," Castlereagh street, on Thursday, on the body of Mr. Surgeon Hilton, who expired suddenly on the previous evening.  Verdict---"Died by the visitation of God."

   An inquest was held yesterday at the "Bricklayer's Arms, Market street, on the body of Mr. Joseph Danks, Gunsmith, who was found dead in his bed on that morning.  Deceased had been long afflicted with a pulmonary affection of the lungs.  Verdict---"Died by the visitation of God."

 

The Sydney Monitor, Wednesday 7 September 1836

CORONER'S INQUEST.---An inquest was held on Saturday last, at the sign of the Patent Slip, on the body of a young man named John Riley, aged about 24 years, who was found dead on a lime-kiln, in Darling Harbour, on Friday morning.  The deceased arrived in the Colony about 18 months ago, and obtained a situation in a mercantile house, which he quitted after the lapse of a few weeks; since which period he had been out of employment, and latterly in a state of destitution.  It appeared he had taken up his lodgings at the lime-kilns, near one of which he was sitting on Thursday evening, when the workmen retired to their homes, and was found lying on the top of it on their return in the morning quite dead. The process of burning had been completed in this kiln a day or two previously, but as a little heat remained in it, it was supposed that the deceased had stretched himself on it during the night for warmth, and so became unconsciously suffocated.  Mr. Surgeon Steward certified to that effect, and the Jury returned a verdict accordingly.  This young man on his arrival was very respectable, and sober, but through false pride or physical incapacity, had fallen into a state of extreme despondency, which appeared like idleness, and rather than accept a situation that he considered degrading, he wandered about hungry and ragged.

BATHURST. ... The bushranger who lately shot the policeman at Dabee, and against whom a Coroner's Jury have returned a verdict of wilful murder, has not yet been captured, though every exertion is said to have been made for that purpose.  His companion, who was secured at the time of the murder, refuses to disclose the name of the murderer.---Herald.

 

The Sydney Monitor, Wednesday 21 September 1836

   AN INQUEST was held at the Three Tuns, King Street, on Thursday last, on the body of Elizabeth Croney, who died in the Hospital on that morning.  It appeared that the deceased was the wife of a lime-burner at Johnson's Bay, and had been received into the Hospital on Monday the 12th September, having been seriously burned by falling into the fire.  The deceased had stated previously to her death, that on Sunday night last, she heard a noise among the fowls, and went out suspecting some person was stealing them; on returning she went near the fire to light her pipe and was seized with giddiness and fell into the fire.  Her screams brought a man to her assistance.  Verdict---Accidentally burned to death.

   Another inquest was held at the Governor Bourke, Market-street, on the body of Patrick Flemming, who died suddenly about four o'clock in the morning at the Governor Bourke.  He had requested permission to remain there all night, complaining of being unwell, and he was accommodated with a bed.  About four o'clock a noise was heard in his bed-room, and assistance being promptly rendered it was found that he was dying.  A surgeon was sent for, but before he arrived he expired.  Mr. Surgeon Steward, certified, that death was caused by apoplexy, and the Jury returned a verdict to that effect.

   An inquest was held on Sunday morning last at the "Duke of Gloucester" public-house, Gloucester-street, on the body of Margaret Burke, a child of eight years of age, whose clothes caught fire on the preceding evening, during the absence of her parents from home, and who was so seriously injured that she died on the following morning.  There was no evidence as to how the accident had happened; a lodger, named Donnelly, was in the house at the time, but in another room, and hearing the screams of the child ran to her assistance, and found her clothes in flames; there was no other person in the house at the time.  Verdict---Accidentally burnt to death.

 

The Sydney Monitor, Saturday 24 September 1836

   An Inquest was held, on Thursday morning last, at Mr. Butbee's public-house on Surry Hills, on the body of an infant, named Eliza O'Meara, daughter of the landlord of the Roebuck public-house, in the same neighbourhood, who was found, by its parents, lying dead in the bed with them on their awaking in the morning of that day.  The infant had been put to bed on the previous evening in its usual; good state of health, and the first impression was, that it had been overlaid by its parents during the night; but, on examination, the body furnished no appearance which justified that view of the case.  Mr. Surgeon Cuthill, of the Benevolent Society, examined the body, and handed in a certificate expressive of his opinion that death had been caused by a convulsive fit during the night.  Verdict---Died by the visitation of God.

   Another inquest was held, yesterday, at the Australia Inn, Kent-street, on the body of Patrick Mooney, who died suddenly yesterday morning.  It appeared that deceased had been addicted to intemperance, and had been in a declining state of health from that cause.  Mr. Surgeon Stewart certified that death had been caused by pulmonary consumption, and the Jury returned a verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 30 September 1836

A constable named Riley, at Goulburn, was drowned some days since in the Wollondilly. The unfortunate man is supposed to have been intoxicated, and in that state stripped himself and went in to bathe.  The body was afterwards found in the same spot where Riley had gone into the water, although, what is most remarkable, it was a running stream.---Herald.

   A few days ago a man servant to Mr. Manton of Yass, was drowned crossing the Wollondilly, and a horse on which the man was riding, worth twenty guineas, met a similar fate.  Several accidents of this description have occurred recently in the interior since the late rains.

   A man and horse belonging to Mr. Marsden at Goulburn, were also carried away in attempting to ford a little stream near the township; both man and horse were drowned.

   A carpenter named M'Alpin met his death by drowning in attempting to cross the Deep Creek, at Bungonia, a few days ago.  It appears that the deceased had been hired to make a coffin for a native lad named Hyland (who had died suddenly) and had to cross the creek with the coffin, when he was carried away with the stream and drowned.

   We have received intelligence of a barbarous murder committed in Argyle.  It appears that on Thursday morning last, a young man, a native of the colony, left Bungonia with another person who is a Settler in the neighbourhood of Bong Bong.  A short time afterwards, some persons proceeding on their way to Sydney, discovered the body of the Settler (we have not been able to ascertain his name) about twelve or fourteen miles on this side of Bungonia, with the head nearly severed from the body.  Information was immediately given to the authorities in that neighbourhood, who upon hearing that the young man in whose company the deceased had left Bungonia, had been seen riding the horse of his supposed victim, immediately issued a warrant for his apprehension, which was accomplished by the Mounted Police, after an anxious and diligent search; he was discovered in the bush near his father's house, who is a respectable inhabitant of Campbell Town.

 

The Sydney Monitor, Saturday 1 October 1836

   An Inquest was held on Thursday last, at the 'Rising Sun,' Church Hill, on the body of Richard Chaffy, who was found dead in his bed at his lodgings in Prince's street on that morning.  The deceased was a tide-waiter in the Custom's department, who had latterly given himself up to habits of intemperance, being known to make a practice of consuming three pints of brandy per diem, for weeks successively.  He was in a state of intoxication when he went to bed on Wednesday evening, and on the morning following was found a corpse.  Mr. Surgeon Stewart examined the body of the young man, and certified that death had been caused by suffocation, arising from the use of spirituous liquors, and the jury returned a verdict to that effect.

   Another inquest was held at Leburn's public-house, Parramatta street, on the body of Jane Quigley, aged thirty-seven, who had died in a miserable hut on the Botany Road, on Tuesday last.  The deceased had become unwell a few days previously, and an old man with whom she cohabited, made an application at the general Hospital for her admission into that establishment, he being unable to procure for her medical attendance.  In eight days after the application, the hospital cart arrived to convey her thither, but she had died two days previously.  Mr. Surgeon Stewart examined the body, and certified that it presented no marks of violence.  Verdict---"Died by the visitation of God."

 

THE AUSTRALIAN, Friday 7 October 1836

An infant, about fourteen months old, was drowned on Wednesday last, by falling down a well, which had been incautiously left open.  It appears that its mother, who was intoxicated at the time, let the child stray away from her, and whilst it was crawling along, fell into the well, where it remained for nearly an hour and a half, its parent being too drunk to call for aid.  An inquest has since been held, and a verdict returned of "Accidentally drowned."

   The gang who were employed in mending the road in Bridge-street, opposite Mr. Evans', in turning up some rubbish discovered a human skull, which is supposed to be a female's.  We understand that the Authorities are using every exertion possible to find out where the rubbish came from that the skull was found in, as there was a great quantity carried there, a few months since, for the purpose of filling up that part of Bridge-street where the old Lumber-yard wall used to be.

 

The Sydney Monitor, Monday 10 October 1836

   As Mr. Thomas, cabinet maker, of Clarence-street, was digging a sawpit in his back premises he dug up a coffin, containing the remains of an infant which apparently had been interred a considerable time.  After an ineffectual endeavour of the Coroner and Jury to obtain information as to the interment, the body was ordered to be removed to the Burial Ground.

   The body of a man, name unknown, was found in the Domain on Saturday afternoon last, near 'Macquarie Chair,' apparently having been in the water.  The body has undergone the inspection of a great number of persons, but as yet has not been identified.  The dress consists of a black coat, dark cantoon trowsers, and cossack boots.  If any evidence can be arrived at as to his identity, an inquest will be held this afternoon.

   The Government gang employed in levelling Bridge-street near the site of the old lumber yard, dug up on Wednesday last, a human skull, having a portion of long black hair attached to it, which Dr. Moncrief on examination pronounced to be the head of a female.  It was the opinion of several spectators, that it was the head of a native of New Zealand, while others expressed their belief that it was the skull of a white person.  The skull was removed to St. James's watch-house where it remains pending examination.

   Dreadful Accident.---A carpenter named Berratt, while at work on the stage of Howell's Mill, Parramatta, on Friday last incautiously went within the sweep of the mill-fan, and was hurled from the stage into the river, a distance of sixty yards.  It being low water, he fell on a stone parapet which crosses the river at that part, and was taken up in a state of insensibility.  He expired in about an hour, having been removed to his residence.

   An inquest was held on Monday last, at the Three Tuns, King-street, on the body of Bridget Rossetter, and aged female, who was found by Police Inspector Christie in a dying state, on the South-head Road, on Saturday last, and who conveyed her to the Hospital, where she died on the following day.  Mr. Surgeon Mitchell certified, that death had been caused by general debility.  Verdict---Died by the Visitation of God.

   An inquest was held on Tuesday last, at the sign of The Hope, Goulburn-street, on the body of Thomas Reeves, a boy of about ten years of age, who on the previous day had been drowned in a hole on the premises of Mrs. Bateman, of Carter's Barracks.  Verdict---Accidentally Drowned.

   Another inquest was held on Tuesday evening last, at the Peacock Inn, Erskine-street, on the body of John Conway, a watchman in the employ of Government stationed near the Soldiers' Point, and who was found, at an early hour in the morning, drowned in Darling Harbour.  A suspicion was excited that he had been thrown into the water, and five prisoners of the Crown, attached to a Government schooner lying off Soldiers' Point, named Patrick Murphy, John Connolly, Thomas Johnson, John Jones, and a second man named Patrick Murphy, were taken into custody, having been heard to express hostility towards him, the deceased having given information to the Overseer of the party as to certain acts of pilfering committed by them.  After a long investigation, the prisoners were discharged, the Jury returning a verdict of Found Drowned.

   An Inquest was held on Thursday at the 'Saracen's Head,' Cambridge street, on the body of Elizabeth Walker, a native of the colony, about 25 years of age, who died suddenly on Saturday evening.  It appeared from the certificate of Dr. Nicholson, that she had long been a victim to syphilis, which was the cause of her death, and the jury returned a verdict accordingly.

   An inquest was held on Saturday morning last, at the St. John's Tavern, George street, on the body of William Hamilton, butler to Sir John Jamison, who died suddenly on that morning. Deceased had suffered an attack of the prevailing catarrh and expired in a fit of coughing.  He had been ill for the last eighteen months.  It appeared from the certificate of Mr. Surgeon Stewart, that death had been caused by the bursting of a blood vessel, and the Jury returned a verdict---Died by the visitation of God.

   Another inquest was held the same day, at Wallis's public-house, Kent street, on the body of Patrick Higgins, a labouring man, who died suddenly on that morning.  The deceased had laboured under an affection of a pulmonary nature, but was recovering, when he was attacked with catarrh, which facilitated his death.  Verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Tuesday 11 October 1836

Shocking accident at Campbell Town, from the effects of Intemperance.

As the teams of the Misses Brooks of Denham Court, were proceeding through Campbell Town on Monday week on their way to Bungendore, Murray, the driver went into a public house to obtain some liquor, when they all came out in a state of intoxication, and commenced fighting.  One of them who was a ticket-of-leave man, did not wish to fight, and said "I'll drive the leading team; so here goes---Hurrah !" when shocking to relate, he met a most untimely end by the shaft bullock tripping him up, and the dray heavily laden, passing across his breast, which caused instant death.  An inquest was held on the body, by ----  Haywood, Esq., Coroner, at Mr. Davis', Rising Sun, when it appeared by the evidence of one of the witnesses, that when deceased, who was intoxicated, went up to his team, to drive, and was in the act of striking the shaft bullock with the butt end of the whip, his hat blew off, and in attempting to catch it, the shaft bullock tripped him; he fell down, and the dray passed over his body.  Verdict "Accidental death."

   An inquest was held on Saturday, at the "St. John's Tavern," George-street, on the body of William Hamilton, butler to Sir John Jamison, who died suddenly that morning.  It appeared from the certificate of Dr. Nicholson that the deceased's death was caused by the rupture of a blood vessel.  Verdict---Died by the visitation of God.

   The body of a man was washed on shore on Sunday last, near Lady Macquarie's Chair, in such a dreadfully mangled state, as to leave very little doubt of a foul murder.  It has not yet been ascertained who the deceased was.

 

The Sydney Monitor, Wednesday 12 October 1836

   Mr. John Lupton, publican of West Bargo, was thrown from his horse a few days ago, and was so seriously injured that he died on the spot.

   An inquest was held late on Monday, at the 'Three Tuns,' King-street, on the body of the individual who was found dead near Mrs. Macquarie's Chair, in the Domain, as stated in our last.  Decomposition had so far advanced that all traces of features were lost; deceased appeared to have been in the water at least a month.  A post-mortem examination was made by Mr. Surgeon Stewart, but there were no appearances which would warrant the conclusion that death had been caused by violence.  The jury returned a verdict---Found drowned.

 

THE AUSTRALIAN, Friday 14 October 1836

A young man named Barrett, superintendent of the wind and water-mill at Parramatta, met his death one day last week, in consequence of having incautiously approached too near to the fans of the mill, which were at the time in motion, one of them struck him and knocked him into the river, and from the effects of which accident he only survived a few hours.  An inquest has been held on the body, and a verdict of "Accidental death" returned.

 

The Sydney Monitor, Friday 21 October 1836

THE LATE MR. LUPTON.

Mr. Lupton kept an inn on the road to Argyle, remarkable for its cleanliness and the civil usage given to travellers.  Lupton was lately found dead on the road near his horse, and it was conjectured he had been thrown from it, as some money which he had with him, lay scattered about.  Still Mrs. Lupton was not, and is not satisfied altogether, as to the manner of his death, no inquest having been held on the body; Mrs. Lupton will conduct the Inn, which we are glad to hear, as it is a very pleasant one for travellers to call at, on their long journey to the [S????].  [See also Sydney Monitor, Wednesday 9 November 1836 below.]

   An inquest was held at the 'Crown Inn,' South Head Road, on the body of Thomas Debenham, a convict attached to the Quarry Gang, at the New Gaol, who was shot by one of the Military Guard in charge of the gang, while endeavouring to effect his escape. The Jury returned a verdict of Justifiable Homicide.

   An Inquest was held yesterday at the "Man of Kent," Public house, Castlereagh street, on the body of a young man named Thomas Gatfield, employed as a Clerk at the Waterloo Warehouse, who had destroyed himself during the preceding night by cutting his throat with a razor, at his lodgings in Pitt-street.  The causes which led to the act did not appear.  He had lately been melancholy.  The Jury returned a verdict that deceased had destroyed himself while labouring under a temporary aberration of mind.

Deaths.

At her residence, Castlereagh-street, on Wednesday last, Mrs. Priston, after giving birth to a still born child.  She has left a numerous family to deplore her loss.

 

THE AUSTRALIAN, Friday 21 October 1836

A young man of the name of Gatfield put a period to his existence yesterday, by cutting his throat with a razor.  The deceased was a most respectable young man, and was in the employ of Messrs. Cooper, Holt, and Roberts, who engaged him in England for a period of five years.  From what we have been able to learn, it appears that the deceased has been very low spirited for the last few days, in consequence (as he stated to a gentleman connected with that establishment) of a gross and disgusting epithet having been applied to him by various individuals, and on Wednesday morning he said that a boy who was in the cellar had again called him a --------; but on enquiry it turned out that the boy was not speaking at all; these circumstances caused some suspicion as to his previous sanity, which suspicion appears to have been correct, as immediately the warehouse was closed he went home and cut his throat.  An inquest was held upon the body yesterday and a verdict of temporary insanity was returned.  A letter was found addressed to Messrs. Cooper & Co., in which he stated that having been accused of a certain thing, caused him to commit the act which put a period to his existence.

 

THE AUSTRALIAN, Tuesday 25 October 1836

An inquest was held on Thursday last, at Carter's Barracks, on the body of a man named Patrick Ganyon, a prisoner for debt.  It appeared in evidence that the deceased had for some time past been labouring under some internal disease, and the jury returned a verdict of died by the visitation of God.

   Another inquest was held at the Crown Inn, South Head Road, upon the body of John Debman [Debenham??], who was shot dead on Wednesday last.  It appeared from the evidence that the deceased was attached to an iron gang employed in quarrying stone for the new Jail, and on the above day when the muster was made he was not present; three of the guard were immediately dispatched in pursuit, and private Ranson of the 4th, soon discovered him hid amongst some scrub; he was desired to surrender which he refused to do, and endeavoured to make his escape, upon which Ranson fired at him; he immediately fell and expired in a few minutes.  Upon examination it was found that the bullet had entered the side and came out at the navel.  Verdict, justifiable homicide.

   A shocking accident occurred in the coal pit at Newcastle, which we are sorry to say terminated in the death of a poor fellow employed therein, of the name of Zachariah Meredith.  It appeared by the evidence which was given at the inquest held on the body, that the deceased was going down in the skip, and upon the two skips meeting (one goes down while the others comes up) they struck with great force, the deceased was thrown out and fell the distance of one hundred and twenty feet.  Both his ancles were broken, and his hips driven up into his body, consequently he must have fell upon his feet.  The accident was wholly occasioned by his own neglect, for instead of putting both legs into the skip and balancing it, he only put one leg in, which caused the skip he was in to project beyond its regular course, and upon the two skips passing each other, they met, and the concussion being great, he was thrown out.  The jury returned a verdict of "Accidental Death."  This is, we believe, the first accident that has occurred at the coal pit.

 

The Sydney Monitor, Monday 31 October 1836

   The carpenter and cook of the TRUELOVE, now at anchor at the King's Wharf, in sparring, the latter fell down the hatch-way, and died immediately afterwards.

   An Inquest was held on Saturday last, at the sign of 'The Rum Puncheon,' King's Wharf, on the body of William Davis (a man of colour), a seaman belonging to the schooner TRUELOVE.  It appeared that the deceased and the carpenter (Richard M'Daniel) had quarrelled, when the latter struck deceased, which threw him down the hatchway, his head coming in contact with the kelson fractured his skull and caused immediate death.  The Jury, after an investigation which lasted upwards of seven hours, returned a verdict of Manslaughter against Richard M'Daniel, and he was committed for trial under the Coroner's warrant.

   An Inquest was held yesterday, at the Butcher's Arms, Kent-street, on the body of Jane Randall, an infant aged three months, who died suddenly by the side of her mother during the preceding night. Mr. Surgeon Stewart certified that death had been caused by convulsions, and the Jury returned a verdict accordingly.

 

THE AUSTRALIAN, Tuesday 1 November 1836

The Rev. Mr. M'Kaeg, who has been confined for some time in Carter's Barracks for debt, cut his throat one day last week with a razor.  He was immediately taken to the Hospital, where he now lies in a dangerous state.

 

The Sydney Monitor, Wednesday 2 November 1836

   On Friday next, Andrew Gilles, will be tried for a murder committed eighteen months ago; and Baker, for the murder of his wife.  On Friday week, Joseph Smith, a native youth, will be brought to trial for a murder committed on a settler at Paddy's River near Bong Bong.---GAZETTE.

   The culprit James, condemned for the murder of Mr. Macintyre, of Hunter's River, but respited in consequence of some discrepancies in the evidence of an approver, and removed to the gaol at Newcastle, where he has been confined upwards of four years, pending the awful decision in the case, has written to a friend in Sydney, requesting him to forward a memorial to the Government, praying that he may be made acquainted with the determination of the Authorities in this case.  There were four individuals connected with this terrible transaction, one of whom is since dead, having, it is said, absconded from the penal settlement at Moreton Bay and lost himself in the bush, where it is supposed he was starved to death.  The approver was murdered at Norfolk Island by a desperadoe of that settlement. The other culprit is confined in the gaol at Port Macquarie, James being confined at Newcastle. [Copied in THE AUSTRALIAN, 4 November.]

CORONER'S INQUEST.---An Inquest was held yesterday at the sign of the Edinburgh Castle, Pitt-street, on the body of Edward Higney, an assigned servant to Dr. Jeanerett, who expired suddenly, after having performed certain work on which he had been engaged.  Mr. Surgeon Stewart, certified that deceased died from an attack of apoplexy.  Verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 4 November 1836

An Inquest was held on Saturday last, at the Rum Puncheon, on the body of William Davis, steward of the schooner Truelove.---From the evidence that was given it appeared that a seaman belonging to the above vessel named Macdonald was quarrelling with the deceased about something which had been told to the Captain, a scuffle ensued and the deceased fell down the hold, and from the injuries received expired almost immediately.  The Jury returned a verdict of manslaughter against Macdonald.

   Another inquest was held on the same day, at the Soldiers' Retreat, in King-street, on the body of an old man named Peebles.  The deceased was a notorious drunkard, and from the effects of which he met his death.  The Jury returned a verdict of died from the too great use of ardent spirits.

   Another inquest was held at the Orphan School, Liverpool Road on Monday last, on the body of William Versey Fernyhough, assigned to Mr. Hyland, butcher, of George-street, and from the evidence that was given, it is supposed that the unfortunate deceased met his death in the following way:---He had been sent from Sydney to fetch some cattle in, and ought to have returned to Sydney on Thursday, which not being the case, Mr. Hyland attributed it to his being unwell, and supposed that he was stopping at the farm.  As he did not return by Saturday, Mr. Hyland set out in quest of him, and after a lengthened search they found him lying dead in the bush, about fifty yards from the road.  He was seen to pass a hut on the road with two horses, upon one of which he was riding, and it is not known whether the horse ran away with him, or whether the reins broke, for it was evident that he had met his death in consequence of his head coming in contact with a young tree; for upon examining the head of the deceased, a severe cut was found across the eye and the forehead, and there were also evident marks upon a tree close to which the deceased was lying, of a branch having been broken off.  The body when found, was in a very putrid state, and part of the left wrist eaten away.  The Jury returned a verdict of "Accidental death."  We understand from Mr. Hyland, that the deceased was a very sober and steady man, and that by his death he has lost a good and industrious servant.

   An inquest was held at the Edinburgh Castle, in Pitt-street, on Tuesday last, on the body of an assigned servant of Dr. Jannerett's, named Thomas Hegney, who had died suddenly on that morning.  The deceased, after he had completed his morning's work, complained to his mistress of being ill, upon which Dr. Wallace was sent for, who bled the deceased, which seemed to relieve him of his indisposition, but Dr. Wallace had not left the house more than a minute or two when the poor fellow dropped down dead.  Verdict---Died by the visitation of God.

 

The Sydney Monitor, Monday 7 November 1836

SUPREME COURT.

FRIDAY, NOVEMBER 4th, 1836.

Before Mr. Justice Burton and a Civil Jury.

   William Baker, free labourer, of Penrith, stood indicted for the wilful murder of Mary his wife, by striking her on various parts of her body with a stick, at Penrith, on the 18th September last.  It appeared that the prisoner and his wife had been drinking together on the day laid in the indictment, and that a short time after they had returned home, the cries of a female were heard in the prisoner's house, and the words, Oh Lord! Oh Lord! were distinguished.  A neighbour saw the prisoner turn his children out of his house into the paddock, saying, "I have worked for you long enough, and will do it no longer;" he then shut the door and went away; he returned home again, and afterwards left home to go to a neighbour's house; he there stated that his wife had been murdered in his absence.  The deceased was found lying on the floor, which was covered with blood, but no external injuries at first presented themselves, nor had any person been seen about the prisoner's house during his absence.  Mr. Surgeon Black was sent for, and on examining the body, found bruises on the thighs of the deceased, with an internal laceration of the body, accomplished by a blunt instrument, which had produced an extensive haemorrhage, and had caused death.  It would be impossible for the deceased to have inflicted such injuries on herself by falling on a chair or corner of a box, or other arteriole of furniture.  If the deceased was intoxicated when she received the injury death would speedily follow from the increased circulation of blood, looking at the nature of the injury; there were no other marks on the body.  It appeared that after the screams were heard the prisoner went to a neighbouring shop for a bottle of vinegar, which it was inferred was for the purpose of applying to the body of the deceased, in a vain attempt to stop the haemorrage.  The Jury found the prisoner Guilty.

   His Honor in proceeding to pass sentence observed, that it could not be conceived that a man should exist who was capable of committing so atrocious an act as that of which the prisoner had been convicted; how much then was the crime aggravated by the circumstance, that the unhappy victim of his brutality was his wife, and the mother of his children.  He would not distress his feelings by dwelling on the enormity of the offence, but would rather exhort him to make the best use of the brief space that was allotted to him in seeking mercy from an offended God. Sentence of Death was then passed upon the prisoner, to be carried into execution on Monday morning (this day).

---

David Holloway, assigned to Mr. James King, of Irrawang, of Hunter's River, stood indicted for the wilful murder of Jonathan Jones, by drowning him in the river at Maitland, on the 17th February last.  The Attorney-General stated, that the prisoner would have been put upon his trial last sessions, but for the absence of a witness named Watson, who had given material evidence at the Coroner's inquest.  The trial of the prisoner had therefore been postponed, in hopes that Watson might be found to give evidence at the present sessions.  The utmost diligence had been used to secure his evidence, but no traces of him could be found.  The case therefore was now brought forward under the disadvantage arising from the absence of the only witness who could speak personally as to the murder, but there were strong circumstances of suspicion against the prisoner, independent of that evidence, on which the Jury would draw their own inferences.  The prisoner and the deceased went into a public house at Maitland on the day laid in the indictment, and stating themselves to be free, were served with the spirits they called for.  After remaining some time in the tap room, they went away, stating they were going down to the river to bathe.  The prisoner returned without the deceased, and stated that he (the deceased) had injured himself with a stone, and had thrown himself into the river.  The landlord of the house (Mr. Spark) did not believe the story, as he had previously suspected the prisoner intended to rob him, the deceased having seen him attempt to put his hand into his pocket, and he therefore took him into custody.  The body was found in the river a few days afterwards, and presented fractures on the back part of the skull, which, as stated by Mr. Surgeon Sloane, it was impossible deceased could have inflicted on himself.  They had been struck with great violence from some person who must have been behind the deceased, and were sufficient of themselves to cause death.  These were the circumstances on which the prisoner's guilt was assumed, and were proved in evidence.  The Jury, after a short consultation, returned a verdict of Not Guilty.  [This seems a very extraordinary verdict.---ED.]

---

James Walker, a convict, assigned to Mr. Henry Dungar, of Hunter's River, stood indicted for the wilful murder of John Poole, at Hunter's River, on the 15th of April last.  It appeared that the prisoner and the deceased absconded in company from the service of their master.  They committed a burglary, and the prisoner fearing the consequences in the event of being apprehended, resolved to take the life of his confederate, not doubting but that for this act he would propitiate the favor of the authorities, and obtain a pardon. Whilst his companion was asleep he shot him through the head with a musket, and gave himself up, confessing what he had done.  Mr. Justice Kinchela in putting the case to the jury, observed that although the deceased was a desperadoe in the bush, the prisoner could not be justified in taking away his life under any circumstances.  The Jury found the prisoner guilty of Wilful Murder, and sentence of death was passed upon him, to be carried into effect on Monday morning next (this day).

---

William Hennessy, a convict attached to the Lock-up-house at Bathurst, as a messenger, and Patrick Welsh, a runaway convict from No. 11 Ironed Gang stood indicted for the wilful murder of James Crute by striking him on the head with a bludgeon, at Queen Charlotte's Vale, on the 19th July last.  The deceased was a shepherd in the employ of Mr. Kite of Bathurst, and on the day laid in the indictment, was found murdered in his hut, one side of his skull being beaten in.  Mr. Kite recollected that the prisoner Hennessy who had been in his service along with the deceased, had had serious quarrels with him, and had expressed feelings of revenge against him.  The circumstances against Walsh, and which also served to connect the prisoner Hennessey with a suspicion of his guilt as to the murder were, that Walsh (one of the prisoners at the bar) had enquired from a witness whether he had seen Hennessey (the other prisoner at the bar) about the neighbourhood? And at the same time he enquired where the man was that kept the Government sheep? meaning the deceased.  It was alleged that a stick which the prisoner had in his hand ON THAT OCCASION, was found the subsequent day within a yard of the body of the deceased, on the discovery of the murder.  There was nothing remarkable in the appearance of the stick, and as all green sticks of the same dimensions resemble each other it was for the consideration of the Jury whether the witness had identified the stick to their satisfaction?  Hennessey (one of the prisoners) had required a pass from the lock-up-house keeper on the night of the murder, but whether before or after the murder did not clearly appear; and that a friend of his had arrived from Sydney with whom he wished to spend the evening, but witness refused to give him a pass.  The Jury returned a verdict of not guilty.

   The body of a man was found yesterday morning at Dawes' Point, apparently having been drowned.  It was ascertained that he was a seaman belonging to the 'Duchess of Northumberland,' who was endeavouring to make his escape from the vessel, as a bundle of his wearing apparel was found tied round his neck.  An inquest will be held as soon as the Coroner returns from the country.

 

R v Walker [1836] NSWSupC 68

 

R v Lambert [1836] NSWSupC 69

 

THE AUSTRALIAN, Tuesday 8 November 1836

The body of a man was washed ashore on Sunday morning at Dawes' Point.  There was a bundle of clothes tied to it, and it has since been identified as the body of a seaman belonging to the Duchess of Northumberland, who had clandestinely left the vessel, and it is supposed that in his attempt to swim ashore was drowned.

LAW.

SUPREME COURT.---(CRIMINAL SIDE.)

FRIDAY, NOVEMBER 4.---before Mr. Justice Burton and a Civil Jury.

William Baker stood indicted for the wilful murder of Mary Baker, his wife, at Penrith, on the 18th September, by giving her divers wounds on her person with a stick.

   John Smith examined by Mr. Carter.---I am landlord of the Rose Inn, Penrith; the prisoner and his wife came to my house between the hours of ten and eleven o'clock on Sunday, the 18th September; they came there with a dray; Baker left my house between twelve and one o'clock to go and get some fodder for his cattle; they drank three or four half pints of rum; a man named Borris was in deceased's company when she left my house, which was about one o'clock; I cannot say whether she was drunk or sober; she was able to walk, and had no appearance of bruises.

   Cross-examined by Mr. Foster.---When Baker came back with his dray and horses, he wished to get her home; I refused her any more drink as I thought she had had plenty.

   Thomas Connor examined.---I am a sawyer, and hold a ticket-of-leave for the district of Penrith; I accompanied deceased and prisoner to the house of Mr. Smith on the 18th of September; Mrs. Baker appeared in good health; it was about the middle of the day when I parted from them; they were then about starting for home and appeared to be good friends; I never saw her after.

   John Neman examined.---I am a laboring man; I know the prisoner and knew his wife, and was in company with them on Sunday the 18th September; I parted from them near my own house about three o'clock; the deceased and his wife were both tipsy; they appeared to be on very good terms and were joking together.'

   Cross-examined.---About three or four hours after my wife and myself met Baker, who said that Mary was killed, and that he was then going for a doctor; when he returned he said to the doctor that he should like to know where the blood was coming from; I heard him say to Dr. Favel, "come on doctor and I will pay your expenses;" it was between seven and eight o'clock, and was dark; I am the prisoner's next door neighbour; he said that his wife had been murdered while he went to fetch a loaf and a bottle of vinegar; I have seen the deceased tipsy before, but I have never seen her in any other company than that of her husband, my wife, and myself; I do  not think the woman was so disliked that any one would ill use her.

   Bridget Neman examined.---I am the wife of the last witness, and live at Penrith; the prisoner came to my house on Sunday the 128th September, for the purpose of getting shaved; he said he was going to Penrith, and wanted me to accompany him, I declined, but my husband went along with him; I did not see him again until after her death; we lived quite near her;  there was only a paddock that divided both dwellings.

   Anne Davis examined.---I live at Penrith; I know the prisoner, and also knew his wife, they lived opposite my residence; I saw them going down to Penrith on their dray on Sunday morning, accompanied by their two children; I did not see them return, but about desk I heard a screaming in Baker's hut, crying out "O Lord God;" I think it was Mrs. Baker's voice; immediately after I saw Mr. Baker come out at the back of the house and turn the two children into the paddock; he appeared to be in a great passion; the prisoner then went in and shut the door; I saw no more of him until about seven o'clock, when he was coming towards his own house; he said he had been for bread; shortly afterwards he came to my house and begged of me to go over to his house, that his wife was wallowing in her blood; he had the young child in his arms, and I took it from him; Mrs. Baker was not dead when I entered, but on putting my hand on her side I found it quite cold; I had to persuade Baker to go for a doctor; he was continually saying that it was of no use; when the doctor arrived Mrs. Baker was dead; there was a great quantity of blood about the room.

   John Jones.---I keep a shop at Penrith; I know the prisoner; he was at my shop for some vinegar on Sunday evening the 10th (sic) September; he appeared to be in a great hurry; it is about a mile from my shop to his residence; he took the vinegar in a pint Champaign bottle.

   Dr. Black examined.---I have seen the prisoner before; I was called in by the coroner on Monday at Penrith to examine the body of a woman who was lying dead; I found the floor completely saturated with blood, and upon examining the body I found a contusion on the outside of the thigh; there was also a contusion in another part, and apparently a puncture; there was a lacerated wound internally, which must have ruptured some of the internal vessels; the wounds appeared to be inflicted with a blunt instrument.

   Cross-examined.---There was no other mark on the person of deceased but those I have already described.

   His Honor then summed up at some length, and explained the law to the Jury, and told them that if they had any doubt upon their minds, to give the prisoner the benefit of it.

   The Jury retired for about an hour, and upon their return to court delivered a verdict of Guilty.

   His Honor then passed sentence of death upon the prisoner, who did not evince the slightest emotion at his unhappy situation.

---

Patrick alias John Walsh, stood indicted for the wilful murder of John Cruik, at Bathurst, on the 2d July last, by striking him with a tomahawk, whereby he came by his death; and John Henessy stood indicted for inciting the said Patrick alias John Walsh to the said murder.'

   Thomas Jones examined.---I am Chief Constable at Bathurst; I know the prisoner Walsh; he was apprehended as a runaway from No. 11 Road Party, on the 2d July last.

   Mr. Thomas Kite examined---I am a settler at Bathurst; I know the prisoner Hennessy; the deceased was assigned to me; on the day he was murdered, I had sent him in charge of a flock of sheep, and given him rations; another man named Kilpatrick was to accompany him; I have seen the prisoner Hennessy in the settlement before; I understood that he had charge of sheep, but I never saw any with him; I knew that Hennessy and the deceased were not on good terms; having heard of the murder, I went to Baylis, and my suspicion was strongly excited against Hennessy, in consequence of some expressions I heard him make use of previously; we  went in search of him, and found him in the kitchen of the Gaol; I believe he was in the habit of going in and out there; I accompanied the chief constable to where the body was lying, and found it lying on its back and bleeding; there were a number of wounds about the head, some of which appeared to have been inflicted with a stick, and some with a sharp instrument; on looking, we found a small tomahawk, on the iron-part of which there was blood; we also found a stick, it was larger at one end than the other; the stick and tomahawk now produced are those that were found; we searched the neighbourhood that night, but without effect; Kilpatrick remained in the hut, he did not go on the search; I have heard of Walsh being a bushranger, but knew nothing of him myself.

   Mr. John Baylis examined.---I am a settler residing near Bathurst; I recollect on a Saturday night, on the 8th or 11th of July, hearing of a man named Cruik, belonging to Mr. Kite being murdered; I accompanied Mr. Kite to the station, and saw the man lying dead; his brains were beaten out; we remained there all night, and on searching found the tomahawk and a stick now produced; I knew Hennessy, he had been formerly assigned to me; I had not seen him for three weeks previous to the murder; Hennessy was not an assigned servant of mine when the murder took place, I had returned him to Government in consequence of his bad conduct.

   Cross-examined by Hennessy---I cannot swear for two years and a half that you were in my employ, that I saw you four times; I am a brother-in-law to Mr. Kite.

   Mr. Jones, chief constable at Bathurst, recalled---Hennessy had charge of sheep at Bathurst Plains; I have seen him there frequently.

   Cross-examined by Hennessy---I never saw you go in the direction of the deceased's hut; I never heard that you and him had any dispute.

   Henry Kilpatrick examined---I am assigned to Mr. Kite; I was ordered to proceed in company with deceased to Sydney with a flock of sheep; having left the deceased in his hut, I went to Mr. Kite's to get a pass and my rations; I left my master's about nine o'clock, and proceeded direct to the hut, and on my way I saw a small bag containing flour, which I had left in the hut; a little further I saw a man lying dead and weltering in his blood; I immediately ran to Mr. Baylis, and his man accompanied me to Mr. Kite's at Bathurst.

   Henry Bourne examined---I was at my master's on the evening of the murder; I was sent with rations for the men that were going to Sydney; I left the rations with Kilpatrick; it was two or three hours before sunset.

   George Johnson examined.---I am assigned to Captain Stuart; I was going to Queen Charlotte's Vale with sheep of my master's on the morning of the murder; I saw both prisoners on that morning; one about half a mile from the other; Hennessy was grazing his sheep; Walsh was lying near a log, with two fires, one at his head and the other at his feet; he asked me if I were in the bush, and many other questions before I told him I was shepherding; when my sheep came up, he asked me whose they were ? I said they belonged to the Captain; he then asked me if I had seen Hennessy; I told him I had; he then asked me if I thought he was coming this way; I said I believed he was; he then got up to go away, and put a red gum stick under his arm; the stick produced is the same; I saw it after at the Bench at Bathurst, and lying near where the man was murdered.

   Thomas Dunn examined.---I am lock-up keeper at the gaol at Bathurst; the prisoner was employed as a messenger to the gaol; on the evening of the murder he wanted a pass from me to go out; I refused to comply with his request; I saw him in the gaol early on the following morning, but cannot undertake to swear whether he was out during the night or not.

   John Cunningham examined.---I am a hired servant to Mr. Therry; I apprehended Walsh about seven miles beyond Bathurst; nothing particular occurred between us; he endeavoured to prevail on me to let him go, as he said "there was not much to be had by taking him;" he also said that he suspected that something wrong would occur to him if I brought him in, he would be hanged in less than six months.

   Mr. George Busby, Surgeon, examined.---I was called in to examine the body of John Cruik, and I found the deceased lying on his face at the door of the hut, and a great quantity of blood about the floor; he had a number of lacerated wounds on the head, varying from half an inch to three inches in length; the skull was fractured in several places, from which the brain protruded, and on stirring the skull the bones rattled; the back part of the tomahawk must have struck him.

   His Honor then summed up at considerable length, and the Jury under his directions acquitted the prisoner.

---

Before Mr. Justice Kinchela and a Civil Jury.

David Halloway, who was charged with the murder of Jonathan Jones, in April last, by throwing him in to the River Hunter.---Acquitted.

---

Thomas Walker, assigned to Mr. H. Dangar, was indicted for the wilful murder of John Poole, at New England, County of Brisbane, on the 23rd day of April.  Guilty---Death.

 

The Sydney Monitor, Wednesday 9th November 1836

The body of a seaman belonging to the Duchess of Northumberland, was picked up at Dawes' Point, on Sunday morning.  His clothes were tied round the body in a bundle.  In attempting to swim ashore he was drowned.

   On Monday afternoon, an inquest was held at the White Hart, York-street, on the body of Edward Walsh, a private of the 28th regiment, who fell down in a fit of apoplexy in Market-street that day.  It appeared in evidence that the deceased was servant to Lieutenant Cameron, and had come down from Parramatta that morning and did not complain of ill health.  Surgeon Stewart who was called in by the Coroner to view the body, certified, that the death of deceased was not caused by any violence.  The Jury returned a verdict "Died by the visitation of God."  It came to the knowledge of the Jury that Mr. Russell, surgeon, of York-street, had been called in immediately after the deceased was removed into the house, and used every exertion to restore animation, but without success.  This fact was communicated to the Coroner, coupled with the suggestion that his evidence would be the best.  But the Coroner declined calling Mr. Russell, and sent for Mr. Stewart.

   We have been given to understand that an enquiry is about taking place by the directions of his Excellency the Governor, touching the manner in which Mr. Lupton met his death, at the Bargo Farm, kept by John Keighran, in the Little Forest, on the 4th day of October last.  It will, of course, be a great comfort for the mourning widow to be perfectly satisfied that every thing was fair, of which she now remains in doubt.

 

THE AUSTRALIAN, Friday 11 November 1836

An inquest was held at Parramatta on Monday last, by A. Haywood, Esq., Coroner for that district, on the body of a man who had been killed the same morning, in consequence of the wheels of a cart passing over his abdomen.  From the evidence, it appeared, that the deceased was driving a cart down George-street, Parramatta, and on his going to the horse's head to replace the winkers which had fallen off, the horse suddenly started off, knocked the man down, and the wheel of the cart passed over him in the manner described.  The deceased lingered but a few minutes after the accident. The Jury returned a verdict of "Accidental death."

   Another inquest was held the same day, at the White Hart, York-street, on the body of a soldier of one of the regiments stationed at Sydney, named Walsh, and from the verdict given on the inquest, it appeared that the deceased fell down in Market-street on the same day, in a fit of apoplexy, and died immediately.  The Jury returned a verdict of "Died by the Visitation of God."  The deceased was buried on Wednesday afternoon with military honors.

LAW.

SUPREME COURT.---(CRIMINAL SIDE.)

SATURDAY, NOV. 5.---Before Mr. Justice Burton and a Civil Jury.

Thomas Bates stood indicted for the wilful murder of Peter Conolly, by striking him with a stick on the left side of the head, on the 10th  of August, 1835.

   John Stokes examined---I was at  Burragarang twelve months ago last August, in charge of some cows, and I saw the prisoner coming up from Conolly's house with a small box under his arm; Conolly was leaning over a fence, and when the prisoner came up to him he struck Conolly, who then came over the fence and fought with the prisoner for some time, after which the prisoner went away and almost immediately returned, and took up a dead wattle stick, and gave Conolly a violent blow on the head with it, which knocked him down; the prisoner when he saw the deceased lying on the ground, said, "Oh, poor Peter, you and I were like brothers;" I then went up to Mr. Clarke's and asked him to come down, as I was afraid there was murder going on; Mr. C. complied, and on our return we met the prisoner with Conolly on his back, carrying him home; I heard no more about it for a fortnight after, as I left that place; the next I heard about it, was, that Conolly was dead and buried.

   Cross-examined---The prisoner and Conolly appeared to have been drinking that morning; I don't recollect that Conolly used any provoking language to Bates that would induce him to come back; Conolly's hat was off; when I returned, Bates was rendering every assistance to Conolly; he appeared to be very sorry; I did not think that any harm would ensue, having seen many a cut as bad as that appeared to be.

   Thomas Clarke---I know the prisoner, and I also know the deceased; the last witness came to my house, and requested me to go with him, or else there would be murder; I did not pay any attention at first, as I knew that the prisoner and the deceased were continually quarrelling, and which quarrels as far as I could ascertain, arose out of jealousy about Bates's wife; I went down in a few minutes and saw Conolly on his knees; he was bleeding profusely, and had a severe cut on his head; the skull appeared to be indented; I saw them both that morning, and they appeared to be in liquor; I understand that both them and Bates's wife, had been drinking for two days and two nights together; on the next morning, Bates came to my house, and appeared to be in great agony; he said, "My God, what will I do, Conolly is dead;" I told him that I should report it to the Chief Constable, which I did; I was not present at the fight; I saw no weapon lying about; I saw Conolly alive, and I also saw him dead.

   Cross-examined---When sober, the prisoner and the deceased were always on good terms; whenever they got drunk they were sure to quarrel about Bates's wife; Conolly was an Irishman, and Bates an Englishman.

   Dr. Stewart examined---I attended the inquest on Peter Conolly; I found a cut three inches in length, on the left side of the head; on removing the scalp, I found that the skull was indented on the brain, and on removing the cap of the skull I found a great quantity of blood under the wormal, between the membrane and the brain; such would be produced by a blow from a heavy stick, and was sufficient to cause death; after such a fracture, it would be impossible that a person receiving it could speak.

   This closed the case for the prosecution.

   The prisoner upon being called upon for his defence, seemed much affected, and said that he had been in the colony for upwards of twenty years,  during which time he could call persons to prove his general good conduct, indeed he had never been in trouble before.  He also said that the deceased and himself had been like brothers---and had it not been that they had had too much to drink, this crime for which he was then placed before the court, would never have occurred.

   The jury under the direction of His Honor, acquitted the prisoner of murder, and found him guilty of manslaughter.

   His honor Mr. Justice Burton then proceeded to pass the sentence of the court upon the prisoner, and expressed his regret at seeing a man at the advanced age of the prisoner, placed in that unhappy situation; His Honor equally regretted the cause of his being now before him, namely---that of intoxication on the sabbath day, a day which ought to be set apart for the worship of the Almighty.  It was only on the previous day that another man was found guilty of murder, committed when drunk, and on the sabbath day, and he was in a very short time to suffer the extreme penalty of the law for his barbarous crime.  But you Bates (continued his honor,) may think yourself fortunate that you are not placed in similar circumstances, and have a greater length of time to repent of your crimes, and to make peace with your offended maker, and I hope that the remainder of your days will be devoted to atone for the crime you have this day been found guilty of.  The sentence of the court is, that you Thomas Bates be transported for the term of seven years.

---

(Before Mr. Justice Kinchela and a Civil Jury.)---

Alexander Lambert stood indicted as an accessary before the fact of the wilful murder of Corporal Harman of the Mounted Police, at Flat land, on the 9th August.

   Richard Clayton examined---I was employed at the Flat Lands in August last; about a quarter of an hour after the police came up, I saw the prisoner riding up to the hut; I saw no other person; when Lambert came up he alighted from his horse, and asked me who I was; I made no answer; I then saw the two police men, who ordered him to stand, or they would blow his brains out; I then went into a room, and immediately heard a shot, and on the instant a police man rushed into the room where I was, and fell; I heard a second shot from the outside after; the police man Hirst, otdered the prisoner to stand, or he would blow his brains out; he then called on me to assist him to secure the prisoner.

   The Attorney General here cautioned the witness to be more patricular, and asked him if he did not swear before the Coroner at Bathurst, that he saw Lambert, and a second man unknown, gallopping up to the hut; in answer he said that he saw two horses, but only one man.

   Witness continued.---I cannot say who fired the shot that struck Harman; I told the Police that I thought it was Lambert that shot him with a pistol; he died shortly after.

   Cross-examined by the prisoner---I did not hear you give any information to the policeman that took you, had you done so in my presence I must have heard it.

   William Hawker---I am an assigned servant to Mr. Vincent; I was in the hut on the night the shot was fired; I was in the room with Clayton, not in the one that Lambert was in; it was not pitch dark, but it was closing night fast; I heard a shot fired outside, and when the policeman came in he said he had fired it; I saw no arms with Lambert, but when the police man ordered him to deliver them up in another room, I heard them fall on the ground; I heard him tell the policeman that there was no person with him; I heard Lambert say that the powder was in his eyes, but did not hear him say that he would shoot the police man only for that.

   Cross-examined---I heard you complain of the smoke of the fire, it was green wood we were burning in the hut and it smoked; I never heard you give the policeman Hirst any information; I saw you handcuffed behind when Cooper and the other policeman came up; Cooper said you were a damn'd scoundrel; I heard you struck by them outside, but did not see it; I never saw any person in company with you.

   Clayton recalled---I do not recollect swearing before the magistrates that a second man came up to the hut; I fetched up two horses from the swamp, one of which the prisoner rode.  I do not know who owned the other; both horses were briddled and saddled.

   Mr. Henry Zouch examined---I command the mounted police in the district of Bathurst; hearing of Corporal Harman's death I proceeded to Mr. Vincent's station at the Flat Lands, about sixty miles from Bathurst; the prisoner was there in custody of the police as also another bushranger; Harman was lying dead; I examined the body and found several wounds under his left shoulder, one appeared to be from a bullet; the others were smaller and appeared to be from slugs; on asking the prisoner who shot the deceased, he said there was no use in my asking him, he would not tell who shot him, as the man may do well in the Colony yet; on seeing my pistol, which had a percussion lock, he said it was a similar lock to that on the piece with which Harman was shot; I have heard that the prisoner was in the habit of visiting about the Flat Lands, and gave directions to the police to concentrate occasionally in this quarter.

   Cross-examined by the prisoner.---I do not recollect ever having the pleasure of your company while you were at large.

   This closed the case for the prosecution.

   His Honor having summed up at considerable length, the Jury retired for a few minutes, and on coming into Court returned a verdict of guilty.  Sentence of death was then passed on the unhappy man, and was ordered for execution on Monday, and his body for dissection.

 

R v Gaudry and others [1836] NSWSupC 70

 

R v Smith [1836] NSWSupC 71

 

The Sydney Monitor, Monday 14 November 1836

   An inquest was held on Friday last, at the 'Fox and Hounds,' Castlereagh street, on the body of Mary Taylor, an infant aged five weeks, who died suddenly on Friday morning last.  Verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Tuesday 15 November 1836

LAW.

SUPREME COURT, NOVEMBER 10.

George Gaudry stood indicted for the manslaughter of James Bishop, at Windsor, on the 26th of August last in a prize fight; and Samuel Taylor, John Bates, John Allcorn, Charles Gaudry, John Lucas, George Keys, and Thomas Martin, for abetting in the same.  A second count charged the deceased as being a man, name unknown.---All the prisoners were found guilty with the exception of Martin, and the Judge passed the following sentences on the prisoners:---Taylor, who is a prisoner of the Crown, two years to a penal settlement; George Gaudry, six months; Charles Gaudry, Bates, Keys, Allcorn, and Lucas, three months imprisonment in Windsor Gaol,

FRIDAY, NOVEMBER 11.

Before the Chief Justice, and a Civil Jury---James Smith stood indicted for the wilful murder of John Haydon, by cutting his throat with a razor, on the highway between Bungonia and Marulan, on the 22d September last.

   James O'Neale examined---I take the mail from Bungonia to Marulan, and on the 22d September, was carrying it to the latter place; on returning to Bungonia I saw a body lying in the road; I at first thought it was asleep; when I got up to the man, I saw a razor lying across his breast, and also a box key; his head was nearly cut off, and laid completely back; he was quite dead; I had passed the same way about an hour before, but then saw nothing; when I perceived the body, I looked and  saw some sawyers working near the spot; I brought them to the body and left them in charge of it; I went then for the police at Bungonia; I think no man could cut his own throat in the manner that the deceased's throat was cut, and then lay the razor and key in the manner it was found on his breast.

   Samuel Maylor examined---I am a rough carpenter, I met O'Neale in September last; he came to the sawyer's hut; we had some tea, and then proceeded to the body; I went  first to borrow a blanket, and after that searched for a track, and traced blood two hundred yards across the bridge, when there, I found a black hat and a handkerchief; at the back of a little bush close to the bridge a dog was lying down near the spot; I then went back to the body, and remained by it until Dr. Reid came; I did not recognize who it was until the body was taken to the shepherd's hut; I believed him to be John Haydon; had seen him often before at different parts and knew him well by person, but not by name until about three months before his death.

   Richard Jowers examined---I am a settler at Bong Bong; John Haydon lived with me eight years; he left me about three months ago; he had with him a little brindled dog called Turkey, it is nothing like the dog I have seen to day; I saw Haydon alive about six weeks ago; saw him dead at the Gaol of Parramarrago, Inverary, near Dr. Reid's, about a month ago; am sure it was the body of Haydon.

   Richard Jowers recalled---When he left me the last time to go up country, he was riding a black mare belonging to me; I have seen the mare to-day, it is the same.

   John Fox examined---I am a farmer living at Boree; deceased left my house on a Wednesday morning; it saw him four days afterwards at Inverary gaol; he had a dog with him, but which was then lost; when he left my place he expressed a determination to look for it; he had a razor and a key with him, also a dark handkerchief; I could swear to the razor and key now produced as being those I saw in the deceased's possession; he wore a handkerchief and hat like those now produced; I found them at Lynch's in Bungonia; the hat I bought myself, and can swear to it from the size.

   T. M'Cauley examined---I knew John Haydon; he called at my house on the 22d September; he was riding a dark brown mare; I wanted to get change for a 1 Pound note ,Mr. C. could not change it; it was No. 83, upon the Bungonia Bank; the note produced is the same note; prisoner was standing outside the store when we got there; I heard prisoner tell deceased he was going down to Sydney to take his trial; they appeared to be well acquainted with each other; prisoner and deceased went away together; the things now produced I got from Maylor; I knew the jacket; the deceased had it first from Mr. Hume; the jacket I had seen worn by Smith on that very morning, and several times before; the murder was reported to me about three or four hours after I had seen prisoner and deceased; I recognized the body to be that of John Haydon; I went in search to Mr. Gray's, a publican at Sutton Forest, and got there a 1 Pound note; I got this note at Gray's house; I picked it out from some others which were in Jervis' hand, who is a butler or waiter to Gray; I took up some of Mr. Barber's men first, upon suspicion, but I am now convinced of their innocence; there were wounds on the head, which seemed to have been inflicted by a hammer; might have been done by the handle of a whip.

   James Loughlin M'Gillivray examined---I am a storekeeper at Bungonia; saw the prisoner on the 22d September, about nine o'clock in the morning; he was alone; I supplied him with two figs tobacco; he was dressed in a fustian jacket and trousers, [????] hat, and laced boots; this is the jacket; while he was filling his pipe, I observed a button drop from his shirt, and picked it up, and placed it in the adjoining room of my store; that is the button; I have every reason to believe that is the jacket, it corresponds in every way with that prisoner wore; he had a dog with him; it was the same I have seen this morning; about ten minutes after prisoner left, deceased came in with M'Cauley; he handed me a Bungonia note, and wished for change; returned it to him saying I had not sufficient change; he and M'Cauley went out together, and saw nothing more of them; when prisoner was in the house I enquired if his dog was vicious; he replied yes, and at nine months old would seize a man.

   John Taylor examined.---I am a carpenter at Bungonia; I saw prisoner at M'Gillvray's store on the 22d September; whilst working at the bench saw two men with a brown mare going away; prisoner had on a white suit, but took no particular notice.

   Andrew H. Hume examined---I am a grazier in Argyle; I received information  of a murder being committed there on 22d September; I searched and found the tracks of a horse, which I followed to a large tree, there saw a check shirt folded up; under the butt of a tree I found a white coatee or jacket, on the left arm was fresh blood; that is the jacket; I then called a constable, and delivered the things over to him; there was nothing in the pockets; the horse had come in an easterly direction from where the body was found, and from the bridge to where the dog was found; the horse had then turned to the southward about a rod, where the jacket was found; I then tracked the horse into the [other??] road; it had a broad round flat hoof, but without shoes.

   Thomas Macauly recalled.---The morning I saw deceased he told me that the mare was without shoes, and that being heavy in foal, he was going to lead her down; observed myself she was unshod.

   Henry Jarvis examined.---I am a book-keeper, and sometimes wait at Mr. Gray's at Sutton Forest; about four o'clock in the afternoon prisoner came in as if from the stables the back way; he was in his shirt sleeves, with a straw hat and a pair of fustian trousers; he came in with a dark brown mare; he had some refreshment; he asked me if I had got a coat to lend me, as he had got into a row at Major Lockyer's the night before, and lost his jacket; I then left the bar for a short time, and in the interim of which Mr. Gray returned home; when I went again into the bar he was trying on a jacket, but did not buy it; before that he gave me a one pound note to pay his reckoning, which was 6s., I gave him 14s. in change; that is the note; it is of the Bungonia Bank; I gave it to my master; it was the only one taken that day; there was another one in the house, it had been taken some days before; McCauley came the same day and picked it out; there was a stain upon it then; that is the same stain; I will swear it is the note I got from Smith; when he got his change he rode away without a jacket; the mare he rode was heavy in foal; have seen Smith several times at my master's house.

   John Riley examined.---I live at Campbelltown; my father lives close by; on the 24th September I was at his house; in coming from his place I met the prisoner leading a mare; I asked him if that were the mare he got in exchange for the horse he had taken up to the new country; he said it was; it was a black mare in foal; he went to my father's and had dinner, and when done he proceeded to his father's house, about a mile and a half from there; I saw the mare afterwards, about the 8th of October at Campbelltown Court-house; it was the same mare Smith had at my father's.

   John M'Allister examined.---I am chief constable at Campbelltown; had an information against prisoner in October last, I proceeded to his father's house, and there found a black mare; I brought it to Campbelltown to the house of prisoner's sister; Riley afterwards saw the mare and identified it as being the same prisoner rode to his father's; the mare is now down in Sydney, in Driver's stable.

   John Dunn examined.---I am a Sergeant in the Mounted Police; I apprehended the prisoner near Campbelltown; he was concealed in the bush at the back of the Church; I had a warrant from Captain Allman, upon suspicion he was in the bush; on passing along I heard a stick crack, went forward and seeing the prisoner ordered him to come out; he asked what I wanted; I desired him to come out or I would shoot him; he came out; and in going down the road I told him it was upon suspicion of murder; we went to his sister's, who began to cry; he told her not to fret as it could not be helped; I lodged them in gaol; the mare was taken at prisoner's father's house; I brought it down this morning; Jowers has seen the mare, and claims it as being his property.

   Francis Murphy, examined.-Am a surgeon; saw the body of Haydon on the 22d September, lying near Bungonia, by the road side; the throat had been cut by a sharp instrument; all the vessels round the neck had been cut through to the bone; the vertebrae was partly cut; it was quite impossible for the deceased to have done it himself; there was a wound below the left eye which had broken the bone; another upon the left ear; there wounds were severe, but not sufficient to cause death; the body was then warm, and the wounds fresh; a razor was lying upon his breast, with which I think the wound on the neck must have been inflicted.

   His Honor the Chief Justice then read through the whole of the evidence, and told the Jury that although the evidence was only circumstantial, it was legal if there was not any direct proof, and if they believed the prisoner guilty of the crime with which he was charged they were bound by virtue of their oaths to return a verdict to that effect.  The Jury then retired, and after an absence of half an hour returned with a verdict of guilty against the prisoner.

   The prisoner on being called to state why sentence of death should not be passed upon him, only reiterated his previous assertions of innocence.

   His Honor then proceeded to pass sentence of death upon the prisoner, and said that he wished with all his heart that his (the prisoner's) assertions of innocence were true, but from the verdict of the Jury he was bound to believe him guilty.  Indeed no person who had heard the connected chain of evidence that had been produced on the trial could doubt for a moment his guilt, and he would take that opportunity of stating that it was owing to the activity and zeal of the magistrates of the district in which the murder was committed that this horrid deed had been so completely substantiated.  He much regretted that a native of this Colony should by his conduct have brought himself to such an untimely end; he regretted for the sake of his countrymen---for the sake of his father, mother, and relations, upon whom he had brought this severe affliction, merely for the sake of gaining possession of a pound, and that too from a poor prisoner of the Crown.  He would exhort the prisoner, if he had any religion within his heart, to make good use of it and to pray for forgiveness to his offended Maker.  The sentence of the Court is that you be hanged on Monday morning next, and your body, after death, be delivered over to the surgeons for dissection.

 

The Sydney Monitor, Wednesday 16 November 1836

   An inquest was held on Monday last, at the 'Sportsman's Arms,' Parramatta street, on the body of Charles Williams a painter, who accidentally fell from the Verandah of Dr. Bowman's house while at work, a height of twenty feet his head coming in contact with the ground fracturing his scull.  Verdict,---accidental death.

   An inquest was held on Sunday last at the sign of the 'Horse and Jockey,' on the body of John Noblet, who died suddenly on that morning.  The deceased was a habitual drunkard.  Verdict,---died by the visitation of God.

   Another inquest was held immediately afterwards at the same place, on the body of a child named Barnett Gill, who died suddenly that morning.  A report had been in circulation that the child had been starved to death.  Verdict,---died by the visitation of God.

 

THE AUSTRALIAN, Friday 18 November 1836

Richard M'Daniel, convicted of the manslaughter of -----, on board the schooner Truelove, was sentenced to be transported for seven years.

   Mr. Foster applied to the Court to admit Andrew Gillies to bail.  He was in custody on a charge of murder, and there was no evidence against him but that of an approver.  He had a deal of property scattered about the country, which would materially suffer if he were not allowed to look after it.  The Attorney General said that Mr. F.'s client had deceived him.  If there was only the evidence of an approver he would not put a man on his trial, as he could not expect a verdict.  He had the corroborative evidence of the late chief constable of Yass, whom he had not been able to find in time for this Court.  The Court could not entertain the application.

 

THE AUSTRALIAN, Tuesday 22 November 1836

Thomas Walker underwent the awful sentence of the law for the murder of a bushranger on Friday.  He was attended in his last moments by the Rev. Mr. Cowper.

   An inquest was held on Friday last, at the Duke of Gloucester, on the body of a native of New Zealand, who had died the previous day; and from the certificate that was put in by Mr. Stewart, it appeared that the deceased had been labouring under the disease of which he died for a length of time.  The jury returned a verdict of---Died by the Visitation of God.

   We have received intelligence of the following melancholy occurrence which befel Mr. Andrew Loder, of Cockfighter's Creek, Hunter's River, on Sunday the 5th of this month,  Mr. L. and his son were proceeding home on horseback; the latter fell from his horse, which ran away, and Mr. L. galloped after it, and was not again heard of until the 11th, when he was found lying dead in the bush; and it is supposed that he must also have fell from his horse, and his head came in contact with a large tree against which he was lying, and from the effect of the fall died immediately.  No suspicion was excited at Mr. L.'s residence until Wednesday, when his horse arrived without either its owner or saddler or bridle.  Search was instantly commenced, and on Saturday the unfortunate deceased was found in the manner above described.  The deceased was a native of the Colony, and much respected by a large circle of relatives and friends, and his remains were conveyed to Patrick's Plains for interment.

 

The Sydney Monitor, Wednesday 23 November 1836

   An inquest was held at the 'Cross Keys' Parramatta on Friday last, on the body of Mr. William Campbell of Parramatta who died suddenly on the previous evening, at his residence.  It appeared that the unfortunate gentleman had been addicted to intemperance and had taken a large quantity of spirituous liquors immediately before his death.  Dr. Webster was called in to his assistance, but life was extinct.  Verdict---died by apoplexy.

   We have received intelligence of the following melancholy occurrence which befel Mr. Andrew Loder, of Cockfighter's Creek, Hunter's River, on Sunday, the 5th of this month.  Mr. L. and his son were proceeding home on horseback, the latter fell from his horse, which ran away, and Mr. L. galloped after it, and was not again heard of until the 11th, when he was found dead in the bush; and it is supposed that he must have also fallen from his horse, and his head come in contact with a large tree against which he was lying, and from the effect of the fall died immediately.  No suspicion was excited at Mr. L's residence until Wednesday, when his horse arrived without either its owner, or saddle, or bridle.  Search was instantly commenced, and on Saturday the unfortunate deceased was found in the manner above described.  An inquest was held on the body, and a verdict of accidental death returned.  The deceased was a native of the colony, and much respected by a large circle of relatives and friends, and his remains were conveyed to Patrick's Plains for interment.---AUSTRALIAN.

 

THE AUSTRALIAN, Friday 25 November 1836

Mr. M'Keag is again an inmate of the gaol, he having so far recovered from the effects of his late attempt on his life as to be able to leave the hospital.

 

THE AUSTRALIAN, Tuesday 6 December 1836

Accident.

A sailing boat belonging to the light vessel at the Sow and Pigs, was upset in the gale that blew yesterday, about five o'clock, within two or three hundred yards of the jetty at Colonel Wilson's.  There were in the boat, Mr. Moffitt, the master of the light vessel, and two men (free), and we are sorry to state, that the two latter were drowned.  Great exertions were rendered by Colonel Wilson and the masters of the different ships who saw the accident, but we have not space to enumerate them.

 

The Sydney Monitor, Wednesday 7 December 1836

   A poor woman, named Riley, residing in Harrington-street, was dreadfully beaten by her husband on Wednesday last.  One of her arms was broken, and her skull fractured with a club called a "waddy." She was conveyed to the Hospital, where she now lies in a hopeless state.  The husband has not been heard of since.

   On Monday a Government boat was upset near the jetty at Col. Wilson's residence, when two men were drowned, notwithstanding the great exertions of Colonel Wilson and the ships at hand.

   One of the two men, who were unfortunately drowned off Miller's point, was found this morning in Darling Harbour, and an inquest will be holden thereon.

   An Inquest was held on Monday last, at the Bunch of Grapes, King-street, on the body of James M'Lauchlan, who died in the Hospital on that morning.  It appeared that the deceased had been in the employ of Mr. Charles Smith, butcher, and when in a state of intoxication, had fallen into the fire in Mr. Smith's kitchen, and was severely burnt.  He was taken to the Hospital, where he lingered until Monday.  Verdict---Accidental Death.

   Another Inquest was held at the Catt and Mutton, Kent-street, on the body of an infant, named James M'Niel, aged five months, who died suddenly on that morning, in bed, by the side of its mother.  It appeared that the infant was in its usual good state of health at daybreak, when the mother gave it the breast, and both mother and infant again fell asleep.  The mother awaking in about two hours afterwards, discovered that her infant was dead.  From the certificate of Mr. Surgeon Stewart, it appeared that the death of the infant had been caused by convulsions.

 

THE AUSTRALIAN, Friday 9 December 1836

The boat that went down on Monday evening off Miller's Point was raised on Wednesday by one of the Harbour Master's boats, sent for the purpose of dragging for the bodies; she proves to be the Aladdin, belonging to Mr. Jobson, the father-in-law of Mr. Moffitt, who was so providentially saved---and the same that won the race a few weeks ago; she is not in the least injured, and every thing on board has been recovered, with the exception of the two bodies.  Fortunately neither of them had families or relatives in the country.  One of them, a man of the name of Colters, had been an officer in a ship of Captain Blaxland's, and had he not been addicted to drinking would have had the command of a ship some time ago, as he was reckoned one of the cleverest whalers belonging to the port.  The name of the other was Robert Stone, a very steady young man, and had made two or three voyages to this country; he quitted his ship a few months since, for the purpose of settling here.

 

The Sydney Monitor, Monday 12 December 1836

The body of one of the unfortunate men drowned by the upsetting of the boat attached to the floating light, was discovered floating near the spot where they went down, by the Hulk's launch.  An inquest was held on the body on Saturday afternoon, and a verdict of accidental death was returned.  He was buried yesterday by some of his shipmates.

 

The Sydney Monitor, Wednesday 14 December 1836

CORONER'S INQUEST.---An inquest was held yesterday afternoon on the body of Mr. Richard Wyatt, master of the brig Hind, who died suddenly on the previous evening.  It appeared from the evidence of Mr. Surgeon Neilson, that the deceased had laboured under indisposition for some days previously, and had been under medical treatment by witness.  He appeared to be getting better, and was sufficiently recovered to call upon witness yesterday morning.  The Jury returned a verdict---Died by the visitation of God.

 

The Sydney Monitor, Friday 23 December 1836

Long editorial criticising conduct of an Inquest on PRIOR.

Coroner's Inquest.

   AN Inquest was held yesterday at the King's Head, Harrington-street, on the body of Mr. Edward Prior, (formerly chief officer of the ship BROTHERS) who was drowned on Wednesday by the upsetting of a boat off Garden Island.  Captain Tweedie of the ship MEDORA stated, that on Wednesday last, the deceased, together with Captain Gedney of the ship JAMES LAING, three seamen, and himself, left the Revenue Cutter, PRINCE GEORGE, for the purpose of proceeding on shore, in a boat belonging to the cutter. When they had proceeded about half a cable's length from the cutter, they commenced hoisting the mainsail, and had hoisted it about half-way up the mast, when the boat gave a sudden list on one side, and then on the other, and upset.

   There was a heavy sea running at the time, with a light breeze from the north-east.  The whole of the men hung on the bottom of the boat, until a small Dingy, capable of holding but one man, put off from the Cutter.  The capsized boat was now abandoned by all but the deceased and Captain Gedney, the others, (who are the survivors), supporting themselves by the sides of the Dingy.  In about twenty minutes after the accident, a boat containing Major Gibbs, (the Collector of Customs) and his lady, arrived, and relieved the sufferers from their perilous situation, and put them aboard the Cutter.  The deceased and Captain Gedney, being exhausted, sank about a minute before the arrival of Major Gibbs's boat; possibly in endeavouring to reach the dingy where there was a better hold.  No effort was made on board the cutter, to render assistance beyond sending the Dingy.  The cutter had no other boat on board.  Witness was of opinion, however, that if the cutter itself had run down to the spot promptly, the lives of the deceased might have been saved by throwing ropes over the side; there would, however, have been some danger of running them down.  The body of the deceased was found under the boat, on righting her.  It was still warm, and there were some faint signs of life.  Endeavours were made to inflate the lungs; hot water was applied to the feet, and the body was chafed for nearly an hour without effect. After rescuing the men from the boat, the cutter proceeded to Point Piper with Major Gibbs, and then returned to the Dockyard.  A surgeon might have been obtained from H.M.S. Rattlesnake, lying near Garden Island, in about a quarter of an hour after the deceased had been put on board the cutter; and if that step had been taken, instead of going to Point Piper, the life of the deceased might possibly have been saved.  It was the opinion of all on board, that there was life in the body when put on board the cutter.  All the persons who were in the boat when she upset, were perfectly sober the event was purely accidental.

   James Coffee a seaman belonging to the Revenue Cutter took the dingy to their assistance, saw the deceased and Captain Gedney both sink a few seconds before the arrival of Major Gibbs's boat.  Witness was of opinion, that the cutter could NOT have been brought to their assistance.  The accident happened two cables lengths from the cutter.  Witness was about two minutes taking the dingy to them.  Dr. Hosking certified, that the body presented no marks of violence, and he was of opinion, that death had been caused by suffocation from drowning, and the Jury returned a Verdict of Accidentally Drowned.  The body of Captain Gedney has not yet been found.

   An inquest was held yesterday at the King's Arms Brickfield Hill, on the body of an aged man, a grass cutter, named William Garabon, who died suddenly at the door of his residence on Wednesday evening last.  It appeared that the deceased had been ailing for some days previously, and had been in the habit of sitting at his door for the benefit of the air, where it is probable he had caught cold, being seized with a convulsive fit of coughing in which he expired.  Verdict---Died by the visitation of God.

 

THE AUSTRALIAN, Friday 23 December 1836

A melancholy accident, attended with loss of life, occurred on Wednesday afternoon.  Captain Gedney, of the ship James Long, Captain Tweedie of the ship Medora, and a gentleman named Prior, with three seamen, were leaving the Revenue Cutter to return to Sydney, when between Garden Island and Bradley's Head, and about a cable and a half from the cutter, while in the act of hoisting the sale, one of the puffs so frequent at that place, took them suddenly and capsized the boat---when, we regret to add, Captain Gedney and Mr. Prior met with an untimely end.  Captain Tweedie and the three hands with difficulty saved themselves by clinging to the boat until men arrived from the Prince George, and relieved them from their perilous situation.  The body of the unfortunate Mr. Prior was, at the same time, conveyed on board the cutter; and statements appear to be at variance, whether life was or was not extinct at the time of his being taken on board.  Captain Gedney was lost to sight immediately, and his body has not yet been found.  An inquest was held on the body of Mr. Prior, before J. R. Brenan, Esq. Coroner, at the King's Head Inn, Argyle-street, yesterday afternoon, and the Jury returned a verdict of "Drowned by the accidental upsetting of a boat." ---[Since writing the above, we have received a memorandum of the evidence delivered on the inquest, but it arrived too late for insertion in this day's number.]

 

THE AUSTRALIAN, Tuesday 27 December 1836

Coroner's Inquest on the body of Edward Richard Prior, held at the King's Head, on Thursday evening last.

   Captain James Tweedie examined.---I am the Captain of the ship Medora, now lying in Cockle Bay; about half-past six yesterday evening, the deceased, Captain Gedney, three seamen and myself, left the Revenue Cutter, then lying too below Garden Island; we put off in one of the cutter's small boats to come to Sydney, and when a short distance from her, in hoisting a small reefed sail, the boat canted over and took some water in; we immediately lowered the sail; she rolled very heavy, and there being a small jumping sea, she filled and turned over; Captain Gedney and Mr. Prior were drowned, the rest saved; on the boat turning over they all clung to the bottom; being a good swimmer I swam off and once saved Prior's life, by bringing him back to the boat to which he clung; as small punt put off from the cutter, containing one man;; we held on to that and the boat which was capsized; and had it arrived one minute sooner both the parties who were drowned would have been saved; we were picked up by the cutter's gig, which was coming off the shore with Major Gibbs; both Gedney and Prior were holding on to the bottom of the boat, about half a minute before the cutter's other boat came up to our assistance; on the boat being righted, we found Mr. Prior was underneath, and we took him on board the cutter; there were some signs of life when we first got him into the boat; on getting him on board the cutter, we stripped off his wet clothes, and endeavoured to restore animation, by inflating the lungs, applying bottles of hot water to the hands and feet, and chafing the body, but without effect.  The body of Captain Gedney was not found; I requested the Captain of the cutter to proceed to Sydney for medical advice, instead of which the cutter went down to Point Piper; we could have had medical assistance from the man-of-war, to which we afterwards went in about a quarter of an hour; a surgeon came on board, but medical assistance was useless; there were no symptoms of life after we took the deceased on board the cutter; all hands on board the boat were sober; I think we were in the water twenty minutes before we recovered the deceased.

   James Coffee examined---I am a seaman on board the Revenue cutter; Captains Gedney and Tweedeie, and Mr. Prior, were on board the cutter yesterday evening between five and six o'clock; they left together with three seamen in the jolly boat; I saw the boat capsized about a cable and a half's length from the cutter; the boatswain and I lowered the dingy; I got into her, and pulled towards them; the cutter was lying too at the time; when I got up to them, the first person I saw was Captain Gedney; he went down by the side of the dingy; I  saw him rise twice before that, but he did not rise again; the three sailors and Captain Tweedie came towards the dingy; I told them not to get in to her as she would capsize; one of them got in, and the other three held on; the gig came from the shore to their assistance, and took them in; I got out of the dingy upon the bottom of the boat which was upset and turned her over; I found the deceased under her entangled with the sail; they took him into the gig, and pulled to the cutter, I was left on the bottom of the jolly boat, and as soon as the deceased was taken on board they came back for me; the cutter was about a cable's length away; if she had borne down to us it would have been of no service; from the time the boat upset till I got to their assistance, was not more than two or three minutes; the gig came to their assistance in about two minutes more; after the deceased was taken on board they beat down to Point Piper.

   Dr. Hosking certified that there were no appearances of violence upon the body of deceased, and that death was caused by suffocation from drowning.  The Jury returned a verdict of---Accidentally Drowned.

   Alexander Lambert was on Wednesday removed on board the Hulk, to await the pleasure of His Majesty, the circumstances of his case being sent home.  Lambert has been in the condemned cells for a long period under sentence of death, having been convicted as an accessary to the murder of Corporal Harman, of the Mounted Police.

   At a late hour last night we received a letter from Captain Tweedie, contradicting the letter that appeared in yesterday's Herald, signed by Captain Roach, relating to the late unfortunate occurrence of loss of life.  We have not room for its insertion, it being of so great a length.  [Follows on page 4, critical of Tweedie, gives alternative facts.]

 

THE AUSTRALIAN, Friday 30 December 1836

An inquest was held on Wednesday, upon the body of a man named Keelan, a keeper of a brothel in Elizabeth-street, who met his death on Tuesday morning last, in a scuffle that took place in Castlereagh-street, between the deceased and some persons with whom he had been drinking.  It appeared from the evidence that was given, that the deceased and some others had been drinking at a brothel in the neighbourhood of  Castlereagh-street, and that afterwards they adjourned to the Queen Catharine public-house, where a row ensued and the deceased fell upon the ground, and blood gushed from his mouth and nostrils; he was immediately taken to his home, but did not survive more than a few minutes.  Dr. Hosking made a post mortem examination of the body, and stated that upon removing the scalp, he found a great quantity of extravasated blood which was sufficient to cause death.  The jury returned a verdict that the deceased had died in a fit of apoplexy, occasioned by drunkenness and irritation.

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