Source: Court of Criminal Jurisdiction, Minutes of Proceedings, 1813-1815, State Records N.S.W., 5/1121 [1]

[79] … Joseph Accroid, William Ewer, and William Grimes, appear at the bar of this court charged on an information duly exhibited against them by the Judge Advocate with a riot and rescue at Parramatta on the 7th day of June 1813.

The said information being duly read over to the court in the presence and hearing of the prisoners, who severally say they are not guilty of the charge therein contained against them.

The said defendants not been prepared to proceed to trial, the same is postponed and the several defendants ordered to find sureties to appear and proceed to trial at the next Court of Criminal Jurisdiction.

[130] … Joseph Accroid of Parramatta, William Ewer of the same place and William Grimes of the same place are brought to the bar charged with a riot and rescue on an information exhibited against them at the last sittings, to which they severally pleaded not guilty.

The Rev. Samuel Marsden sworn and examined for the prosecution says I am Justice of the Peace at Parramatta. I filled that office on the 7th day of June. On Monday the 7th of June I had been riding towards Baulkham Hills. On my return I heard a very riotous tumultuous noise towards George Hovell's mill. I rode towards the place where I saw two or three hundred people, men and women and children, of different descriptions assembled together. [131] Some of them were in a state of intoxication. I ordered the people to disperse to their respective homes and the soldiers to go to their barracks. Some went away, but a great number would not go. I endeavored to persuade them that it was of no use. I saw the defendant Grimes there. I spoke to Grimes in particular. As he was an inhabitant of Parramatta I thought perhaps he would be induced to go, but he would not. I saw the defendant Ewer there. Finding they would not yield to my authority I told them I should request Captain Smith to send a file of men to take away the soldiers and I should send Mr Oakes and some constables to disperse the inhabitants. I accordingly rode in to Parramatta and desired Mr Oakes to go out with the constables to disperse the inhabitants. I desired Mr Oakes not to interfere with the soldiers, as I should write to Captain Smith to send a file of men. I accordingly wrote to Captain Smith. Captain Smith did send a file of men. I cannot say that I saw Accroid there when I first went there. In consequence of Mr Grimes' report to me I afterwards had Grimes and Accroid taken into custody. And Ewer being a soldier was eventually given up to their civil power. Mr Oakes was at that time and still is Chief Constable of Parramatta. Howell's mill is about a mile from Parramatta. There is not any publick house there.

[132] Mr Francis Oakes sworn and examined for the prosecution, says I am Chief Constable of Parramatta. On Monday the 7th of June last, Mr Marsden the magistrate at Parramatta sent for me and gave me orders to get to one George Howell's to disperse a number of persons. Accordingly I went there. I took with me John Montgomery, William Sully, Richard Grimshaw, James May and James Smith all constables. When I got there I saw from 60 to 80 persons assembled there. There was not any great noise when I was there. I did not see them do anything in particular. I saw all the three defendants are there. I informed them that I had come by the authority of the magistrate to desire them to disperse, which I hoped they would peaceably. The defendant Grimes came forward in a very bold way and said he would be damned if he would disperse for me, the magistrate or any other person. He said he was a free man. In consequence of his refusing to disperse and making use of this violent and improper language I gave him in charge to Sully and Montgomery. About 20 persons rushed in and assembled round the constables, among whom were Ewer and Accroid. I saw Ewer come in betwixt Sully and the prisoner, and Accroid laid hold of Montgomery, and pulled him away. I saw Ewer pull the defendant Grimes away from Sully, in doing which Grimes' jacket was torn. I saw that they were detained to make [133] violent resistance, and I ordered the constables to let them alone. Grimes at this time I believe was taken into Howell's skilling. He was dragged forcibly away from the constables. Howell's skilling was at the distance of three or four roods. Had it not been for the interference of Batiman and some of the inhabitants I think something serious would have occurred. In consequence of the conduct of the defendants we were under the necessity of relinquishing Grimes and returning without him. Grimes did not afterwards surrender himself. He was taken into custody the same evening again by order of the magistrate. I stopped there nearly three quarters of an hour persuading them to disperse and at last I got a number of them to disperse. After a number had dispersed I gave the constables in charge of Accroid. The defendant Ewer and some others stopped till the last I left there. When I went there I had particular instructions from the magistrate not to interfere with any of the military. I informed the soldiers whom I saw there that I was not sent there to forward them and that I hoped they would not interfere with the duty of the constables. As I was leaving the place I met Sergeant Golding. I then pointed out to him the defendant Ewer and another soldier whose name I did not know, and the Sergeant took them in charge. I returned and informed the magistrate of what had taken place.

[134] Cross examined for the defendant Grimes, says about half an hour after I went there and after I was rescued the defendant Grimes said he had come with his horse and cart to the mill with some wheat and that as soon as he had got it he would go home and not before. I saw his horse and cart there. I did not see any blow struck. Nothing but pulling and dragging the prisoner from the constables and the constables from the prisoner. I would not let the constables strike a blow. Sully held up his hand with a cutlass to keep off Ewer, but did not strike.

Questioned by the court. I cannot take upon myself to say for what purpose the mob was there. All I can say is they were there. I have known it customary for persons to assemble at that spot in holiday time, I believe for the purpose of cockfighting and gambling. I saw no cockfighting there. I think Ewer was a little intoxicated. I do not think he would have done what he did had he been perfectly sober.

John Montgomery sworn and examined for the prosecution, says I am a constable at Parramatta. I was one on the 7th of June last. I attended Mr Oakes by his directions to Howell's Mill on that day. I saw a crowd of people there, as I supposed for cockfighting. Mr Oakes told them he was sent by the magistrate to order all the inhabitants of Parramatta to disperse. At the same time he turned round to the soldiers and told [135] them also to disperse, that Captain Smith was going to send a file of men there. Immediately the prisoner Grimes came forward and swore on oath that he was a free man, that he would not disperse for Mr Marsden, Mr Oakes nor all the constables in Parramatta. Mr Oakes, as soon as he uttered those words, ordered the constables to take charge of them. Immediately I laid hold of Grimes with my right hand and got hold of his clothes by the breast. At the same time Accroid laid hold of me on the opposite side and finally dragged me away from Grimes. I had a cutlass in my hand and turned round and said I had a great mind to do so and so to him. Batiman was standing near and told him he was acting very improperly. I did not see the defendant Ewer at that time. Shortly after I saw Ewer escorting Grimes towards Howell's skilling. A few minutes after that by Mr Oakes' directions I took Accroid into custody. After that I saw Ewer returning and he used threatening language to Mr Oakes and the other constables. He appeared to me to be very much intoxicated. I did not see any quarrelling and fighting at all. As soon as Accroid got hold of my jacket and pulled me away from Grimes I turned round and told him I had a good mind to cut his head off. Ewer did not, but Accroid did lay hold of me and forcibly pulled me from Grimes. I cannot say I saw Ewer lay hold of Grimes at all.

[136] William Sully sworn and examined for the prosecution, says I was a constable of Parramatta on the 7th day of June last. On that day I attended Mr Oakes by his directions to Howell's mill. When I went up there was a great number of people there, and Mr Oakes talks to them and told them all to disperse and go away. The mob took very little notice of what was said. This Mr Grimes was there. He said he would not go away for nobody. He had come about his business with his cart and horse and he would not go away for the constables nor nobody. I did not hear him use any violent language. Mr Oakes gave charge of him to the constables. I was one that took him in charge. I stepped up to him and laid hold of his collar. A great number more rose up at the same time to wave him away. I cannot mention who they were, they were so many. Two soldiers stepped up close to Grimes when I had hold of him. I cannot say whether either of them took hold of Grimes. Grimes' jacket tore down and I lost my hold. I felt him pulled from me that I cannot say by whom that made his jacket tear. The defendant Ewer is one of those soldiers. When Grimes got away from me, 20 or 30 took him away into George Howell's. May had hold of Grimes I think at the same time as I had. I cannot say whether Montgomery had. I did not see any blows pass. Grimes went into George Howell's. I did not get hold of him again at that [137] time. It was just dark when I returned from the place. Grimes did not molest me, or strike me or attempt to strike me when I got hold of him. He did not threaten me at all. After some time the defendant Ewer returned and called me an old scoundrel and said I held my cutlass over his head. I did not do so. I did not attempt to strike him.

Richard Grimshaw sworn and examined for the prosecution, says I was a constable at Parramatta on the 7th day of June last. By Mr Oakes' directions I attended Mr Oakes to Howell's mill. It might be about four o'clock in the afternoon when I went there. Mr Oakes desired the company to disperse according to the magistrate's orders. Grimes said he would not leave that place for the magistrate, Mr Oakes, and all the constables in Parramatta. Accordingly Mr Oakes desired him to be took in custody. Montgomery and Sully took hold of him, and the mob of people assembled round and I see Joseph Accroid go forward and take hold of Montgomery and force him off from the prisoner Grimes. The defendant Ewer was there but I did not see him lay hold of any one. By some assistance I believe Grimes was shoved into Howell's skilling but who it was I am not able to say. I saw Sully take hold of Grimes. I cannot say that I saw any persons pull Grimes from Sully, but the mob [138] assembled round. I believe Grimes was finally taken from the constables, but I cannot say who did take him away.

I did not hear Ewer make use of disrespectful words to Mr Oakes but what they were I cannot mention. He made use of some oathes to him. I did not see Grimes molest or meddle with any body no farther than the words he expressed. It was after the confession was a little abated that Grimes came forward and said he came there with his cart and horse with some wheat to be ground. I did not see a blow struck nor anyone offer to do it.

Questioned by the court, says I have lived at Parramatta ten years. It was always customary to have cockfighting at holiday time somewhere in the bush and sometimes in the town at William Hibbard's.

Sergeant John Goulding sworn and examined for the prosecution, says I took the defendant Ewer in charge on the afternoon of the 7th of June last between the rear of the factory and Howell's mill. He was a coming home peaceably to Parramatta at the time I took him. The Chief Constable gave me for a reason that the defendant had interrupted him in his duty and rescued a prisoner from him. The case for the prosecution was here closed.

William Hibbard sworn and examined at the request of the defendant Ewer, says I live in Parramatta. I was present on the 7th June last at Howell's mill. I saw the defendant Ewer there and two or three more soldiers, that I never saw a blow struck or anything of the kind. I did not see Ewer rescue the defendant Grimes from the constables and I cannot take upon myself to say who did. I did not indeed hear Ewer give any disrespectful language to Mr Oakes or any of the constables.

Cross-examined for the prosecution, says I saw Mr Marsden there. He did not speak to me nor to him. After Mr Marsden was there, there was never another battle for the whole day. I did not hear Mr Marsden request the people to go home, before I went into Howell's skilling that Mr Marsden should not see me at all. I heard that Mr Marsden had requested the people to go home.

Questioned by the court, says the meeting assembled for the purpose of cockfighting and other pastime. I considered it always allowed. I considered it as a holiday. I saw one man drunk and that was a soldier.

[140] Richard Partridge sworn and examined for the defendant Ewer, says I was there at the meeting near Howell's. I believe in June last. I saw the defendant Ewer there. I did not see the defendant Ewer rescue Grimes. I am sure Ewer did not meddle with him. There was a good deal of language passed. A good deal of altercation took place between him and Mr Oakes but the words I don't know. I saw Mr Marsden come there. I heard Mr Marsden request the people go home. I did not see Mr Marsden speak to two privates, Stokes and Price.

Questioned by the court, says the altercation between Mr Oakes and Ewer was first at the time of Grimes' arrest. I think the altercation was in consequence of Sully catching or putting his hand on the soldier Ewer. There was no more riot at the time Mr Marsden arrived there than there is here at this present time.

William Smallwood sworn and examined for the defendant Ewer, says I'm a private in 73rd Regiment. I was present at the meeting of persons in June last. I saw Mr Marsden come there. I did not see any rioting when he came there. I did not see Ewer rescue Grimes. I did not hear him give any disrespectful language to Mr Oakes. There was not the least disturbance when Mr Marsden arrived.

The court having maturely considered and fully understood the evidence adduced as well on behalf of the prosecution as on that of the defendants, doth adjudge that the said William Ewer is not guilty of the misdemeanours wherewith he stands charged and that he be discharged of and from the same, and that the said William Grimes and the said Joseph Accroid are guilty of the said misdemeanour wherewith they stand charged, and that for the said offence the said William Grimes and Joseph Accroid be imprisoned in his Majesty's gaol at Parramatta for the space of one calendar month and that they severally enter into recognizances to keep the peace and be of the good behaviour to all his Majesty's subjects for the space of 12 months following, themselves in the sum of ₤50 each and two sureties in the sum of ₤25 each and be further imprisoned until the same be found.

Note

[1] See also Court of Criminal Jurisdiction, Precepts and Informations, 1788-1824, State Records N.S.W., 5/1144A, p. 261 (no. 6); Sydney Gazette, 2 October 1813.