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Colonial Cases


THE AUSTRALIAN, Friday 4 January 1833

On Thursday last, a man working on board the Albion, staggering to the side of her poop, fell over, and immediately sunk.  Exertions were used to pick up the body but without effect.

Two of the men sentenced to death for the murder of Mr. M'Intyre, have been respited and sent on board the hulk, for transportation to Norfolk Island.  M'Grath, and Daly have received a further respite till Monday next.


THE AUSTRALIAN, Friday 11 January 1833

CORONER'S INQUEST.---On Wednesday an Inquest was convened at the Coach and horses, Cumberland-street, on the body of a child aged 2 years, named Anne Smith,---verdict "died by the visitation of God."


James, one of the witnesses on the late trial, it appears has taken the Mounted Police to a spot near the farm of Mr. M'Intyre, Hunter's River, where there has been found human bones, and the watch of the deceased.  James was taken to Maitland, and there voluntarily declared himself, M'Grath, and three others, to be the murderers; and that the murder was committed in the night when Mr. M'Intyre was in bed; that he made the first blow, but it being dark, the bludgeon fell on the pillow; that Mr. M'Intyre rose and seized one of them, and that M'Grath thrust him through the body with a sword, which has been found; that a large sum of money found in Mr. M'Intyre's desk, was taken away by M'Grath, wrapped in a duck frock, and by him buried in the bush; but that he would never reveal where the money was "planted."


The Sydney Monitor, Wednesday 16 January 1833

A Coroner's Inquest assembled at the Whaler's Arms, Cockle Bay, on Saturday morning last.  A labouring man named John Hughes, had on the preceding night been drinking with another man, and also with a woman named Marr.  They were seen together in a boat, alongside the Clarkstone, now repairing at Brown's Wharf, at a late hour at night.  Hughes had taken two half-crowns from the pocket of the other man, who lay asleep min the bottom of the boat for the purpose of going on shore to obtain more rum; he left the man and woman in the boat, and did not return again, or was seen by them.  Shortly afterwards, the boat in question was ordered by the watchman stationed there to leave the wharf, and the party immediately departed for Lane Cove; the next morning at an early hour the body of John Hughes was found floating near the Clarkstone. This case occupied the Coroner and Jury the greater part of Saturday and Sunday; under all the circumstances of the case, the Jury returned a verdict of Found drowned.

Upon the termination of the above investigation, another inquest was held at the same house, upon view of the body of a black seaman, a native of Africa, belonging to the Agnes, lying at Pitman's Wharf.  It appeared, that this sailor, accompanied by two others belonging to the same ship, had on Saturday evening quitted that vessel without leave, gone into Sydney, and drunk to excess.  At a late hour of the night they returned to the ship, to reach which from the wharf there is a platform extending to her deck; the two sailors that accompanied the unfortunate man in question, reached the deck in safety, but the third, when he had got but a short distance on the platform, stumbled, fell over on the starboard side, and immediately sank.  Without loss of time every possible means were adopted to find the body, but in vain until the next morning.  Verdict---Accidentally drowned while in a state of intoxication.

At the conclusion of this Inquest the Coroner was summoned to a third at the Leathern Bottle, Castlereagh-street.  A coach-trimmer named Thompson, in the employ of Mr. Weaver, coach-builder, of that street.  From Mr. W's testimony it appeared that this man had received his wages, amounting to 4l. 2s., on the night before (Saturday), quitted Weaver's premises, by whom he was lodged gratis, and returned some hour during the night; he did not attend as usual at the hour of breakfast, and at one o'clock in the day (Sunday) not having made his appearance, the servant was induced to go to his bed-room to call him to dinner, when she found his door unfastened.  Upon approaching the bed, she found its inmate a lifeless corpse.  She immediately gave the alarm.  No cause could be assigned for the man's sudden death.  There were no marks of violence on the body, and the deceased appeared to have breathed his last without a struggle. No money was found on his person.  Verdict---Died by the Visitation of God.


There is a report in town this morning, that Mr. Murdoch Campbell of the Cow-pasture road, hearing a cry for assistance proceeding from the road, took up his gun, and either ran or rode down to the place, where he found some bush-rangers were busy robbing a cart.  Not liking to shoot the robbers, he called out to them to desist, when one of them unwarily took his piece, and presenting it suddenly at Mr. C. shot him dead.  We sincerely hope this report will prove altogether false, or not attended with so fatal a result.  Mr. Campbell was one of our most respectable graziers, and by his experience as a man of business and of the world, would have made a good Magistrate.  And when we look at the present list of J.Ps, and compare some of them with Mr. Campbell, we see little occasion to admire the discrimination of the late Governor.


We are sorry to announce, that Mr. Campbell was shot by a single bush-ranger on his own land.  The robber was armed with a musket and a brace of pistols.  He had the same morning robbed on the Cow-pasture road Mr. John Wylde, Mr. Park, and a cart.  The owner of the latter had gone up to Mr. C.'s house to tell him his loss.  They saw the robber walking at a deliberate pace on the open land of Mr. C. and presently overtook him.  Mr. C. called to him to surrender, making ready his piece at the same time.  The robber coolly turned round and shot Mr. C. dead, the shot or ball striking Mr. C. on the head.  He then walked off as deliberately as before, the carter rendering assistance to Mr. C but without avail.


The Sydney Monitor, Saturday 19 January 1833


A Coroner's Inquest was held on the 2nd inst. On the body of an assigned servant of Mr. A. Campbell, who came to his death by the incautious, though not immoderate use of wine and spirits, given him by some harvest men, he being at the time in a sickly condition.

[Death, burial, and Inquest on Beco, a Lascar seaman of the Agnes. DvG, natural causes & pm]


A Coroner's Inquest was held on Friday week at the sign of the Donybrook, Parramatta, on the body of Thomas Finlan, a Settler, at the Field of Mars; he was returning home from market, and when near his own home, it being dark, ran against a stump, and upset his cart, which fell upon him.  The Jury went to the spot, and afterwards returned a verdict---That the deceased met his death by the accidental upsetting of his cart, which fell upon him.

John Fanning of the Field of Mars met his death last Friday, through falling from the shafts of his dray, the dray passing over his body.


The Sydney Monitor, Wednesday 23 January 1833


Editorial, with letter from Captain of Agnes.


A Mr. Death of Wilberforce, being in a state of intoxication, fell from the shafts of his own cart, on which he was riding past Cooper's Distillery last Friday; and the wheel passing over his body, extinguished life.  Verdict of the Inquest "accidental death."


THE AUSTRALIAN, Friday 25 January 1833

The Coroner for Sydney, held an inquest last Saturday, at the sign of the Sportsman, at Black Wattle Swamp, on view of the body of John Morris who it appeared, had been to Sydney with his employer's dray to dispose of produce, and was returning home on Friday evening, sitting on the shafts, when he fell, and the wheel passing over his neck, killed him on the spot.  Verdict, "accidental death," with a deodand of 1s. on the cart.


An Inquest was held on Tuesday 15, at the Whalers' Arms, Windmill-street, on the body of a Mussulman, a seaman of the Agnes, who two days after arrival in port, had died suddenly, and was interred by his caste, near Millsom's, North Shore, swathed in linen, the face looking towards the East, a bottle of water, a loaf of bread, and four pice lying by the side.  Two of the Jury refused to accede to the verdict, which the remaining ten returned of "Died by the visitation of God."

On a native of Africa, by name Bezent Natsea, who was drowned the evening preceding, by falling from a stage between Pitman's Wharf and the ship Agnes, while in a state of intoxication; the Jury returned a verdict of---accidentally drowned.

On the same day, an inquest was holden at the Leather Bottle, Castlereagh-street, on the body of Robert Thompson.  It appeared in evidence that deceased was a coachliner in the employ of Mr. Weaver, had been ill for some time, and expired suddenly that morning.  Verdict, died by the visitation of God.  

On Saturday last, an inquest was convened by the Coroner of Parramatta, on the body of John Fanning, who met his death the day before by falling from the shafts of his dray, the wheel of which went over his body, and he immediately expired.  Verdict---Accidental death.

An Inquest was held at Harrington Park in the district of Upper Minto, on the 15th instant, and by adjournment at Liverpool Hospital, on the 17th, before John Horsley, Esq. Coroner, and a respectable Jury, touching the death of Murdock Campbell Esq.  It appeared upon the evidence of John Butcher, holding a ticket of leave, James Martin, free, Robert Brown and George Grey, an assigned servant to constable Smith at Bringelly, that on the preceding morning, Hambidge [??], a settler, called to him from a fence; he went over to him, the prisoner called him by name, and said, you can do me a kindness, I am out of ammunition, and some I must have; Grey replied, I have no way of getting any; the prisoner said if he would get him some, prisoner would give him 10s.  The prisoner then said he would go to Smith's house and have it whether or no, as he knew Smith was out with the Mounted Police.  Grey called him back and persuaded him to return to his master, and hide the two pistols he had in his possession; the prisoner  said he could not go back as he had shot a man last night; Grey called to prisoner and persuaded him to take some powder out of one pistol and put it in to the other; the prisoner said, "how am I to do that?"  Grey then snatched the pistols (which were loaded) out of his hands, and told him he was his prisoner, and that he must go to his master's house; he made some resistance, and Grey threatened to shoot him; prisoner opened the breast of his shirt and told him to do it: Grey gave an alarm, and a boy of Smith's come out with a tomahawk in his hand, with which Grey gave prisoner a blow on the head, and secured him with handcuffs; the prisoner told Grey where to find the gun  about 10 yards from there, which he found and kept in his possession.  The Jury, after a short deliberation, found a verdict for the wilful murder of Murdock Campbell, Esq. on the evening of the 15th inst.  Prisoner is only 19 years of age.


THE AUSTRALIAN, Friday 1 February 1833

James Lockhard, for the murder of Murdoch Campbell, Esq., was brought to trial to-day, and found guilty.

R v Lockhard [1833] NSWSupC 1


The Sydney Monitor, Wednesday 6 February 1833

On Sunday afternoon, at half-past ten o'clock, Captain Biddulph happening to be looking across Cockle Bay, at Street's Wharf, saw the body of a man floating.  He got it on shore.  There was a wound in the right eye, which seemed fresh, as it was still bleeding.  The body was quite naked, and appeared in a boxing attitude. Captain B. went to the Coroner to inform him of the circumstances, and from the suspicious appearance of the body, recommended the Inquest to be held that afternoon.  The body was straightened out by the Constables, contrary to the wishes of Captain Biddulph, who considered it but right that the Jury should have seen it in the same state as it was when first drawn ashore.  On Monday at 12 o'clock, an Inquest was held.  We have not, at the moment of writing this, heard the particulars, but we understand that the Jury, without calling a Surgeon, gave in a verdict of "Found drowned."  Captain Biddulph was not sent for, but the Constables who drew the body ashore were examined.  Captain B. informs us that he has heard, that the man is an Emigrant lately arrived.


The Sydney Monitor, Wednesday 6 February 1833

A Coroner's Inquest assembled yesterday, at the Settler's Arms, Darling Harbour, on view of the body of an individual named Frederick Weick, (a native of Germany,) recently arrived per Edward Lombe, which had, the preceding day, been picked up, floating in a state of nudity, in Cockle Bay, near Street's Wharf.  There did not appear any marks of violence on the body, and it appeared to have been immersed at least 48 hours in the water.  The deceased had been absent from his home since Thursday last, and was seen at five o'clock on the evening of that day, at the sign of the King's Head Harrington-street, in a state of great inebriety, so much so, that the landlord of that house, Mr. Salter, refused to let him have an liquor, although he exhibited a handful of silver; from this house he strolled up the rocks, and was not again heard of, until found on the Sunday.  The presumption is, he had been induced to bathe, and as he could not swim, had got out of his depth, and was thus unfortunately drowned.  When he quitted home on Thursday, he had in cash, a sovereign and 10s. in silver; the clothes he wore have not since been found.---The Jury, under all the circumstances, returned a verdict of "found drowned,"


The Sydney Monitor, Saturday 9 February 1833



Letter from some passengers, and Editorial comment.



THURSDAY, FEB. 8TH.---Joseph Coleman was indicted for that he on the 8th of October did wilfully and maliciously strike with a spade, E. G. Cory of Hunter's River, Grazier.  The evidence in this case was conclusive, and it appeared, that the prisoner had confessed that it was his intention to have killed his master, to get out of such tyranny as he alleged was exercised on him; and added, that if the wound did not take effect, some other of the servants would settle him.---Guilt---Death.


R v Coleman [1833] NSWSupC 3


The Sydney Monitor, Saturday 16 February 1833

A Coroner's Inquest was held at the Sports Man public-house, Parramatta Road, on the morning of Wednesday last, on the body of Alexander Freeland, a free settler, recently arrived, by trade a painter, who had of late been employed by Mr. G. Allan, but from his excessive habits of intoxication, had by that gentleman been recently discharged, and reduced to extreme want.  During the severe storm of Tuesday night, he went to the landlord of the above house to take up his night's lodging in his kitchen, which was also the dormitory of three other men.  In the night, he cut his throat from ear to ear; there had been a marked melancholy about him some days previously to his committing the rash act, and the Jury returned the following verdict:---"Cut his throat with a razor while labouring under mental derangement." The razor lay immediately under his throat.

Another Inquest took place at the Bricklayer's Arms, on the night of the same day, on view of the body of William Jones, who a few nights before had been found on the Rocks by the police in a state of insensibility, covered with filth and vermin.  He was the next morning admitted into the hospital, and died on the evening of the 12th instant; from the moment of entering the hospital to that of his dissolution, he never spoke.  The Jury returned, "Died by the Visitation of God."

An Inquest was held on Monday at the Bricklayer's Arms, on the body of Oliver Oar, who died in the Hospital.  Verdict. "Died by the visitation of God."


SYDNEY GAZETTE, 23/02/1833

Supreme Court of New South Wales

Forbes C.J., 20 February 1833

STEPHEN STOCK was indicted for feloniously and maliciously shooting at one JOHN CONNOR, with intent to kill and murder, on the 3d of Jan. last.  A second count charged the prisoner with an intent to maim; and a third with intent to do some grievous bodily harm, on the day and year last aforesaid.

Mr. Williams, on the part of the prisoner, objected to the jury being composed of officers of the 17th regiment, by a private of which regiment the charge was brought; but withdrew his challenge.

The jury being sworn,

John Connor examined by the Attorney General. I am a private in the 17th regiment; I know the prisoner at the bar; on or about the 3d of January 1 was going down King-street, when he called out, ``there goes the bdy soldiers no military government now it is not Governor Darling's time now it is General Bourke's;" I said to one of my comrades if there was a watch-house near hand I would put that man into it, and enquired if he knew of one; I said I would keep watch where the prisoner went to, and sent to the serjeant-major to acquaint him of his conduct; I then followed him to a certain house in Pitt-street, and stopped outside till he came out; he went down the street before me; at length I asked him if he were a prisoner or a free man; he said he was as free as my; I asked him what was his name; he answered ``Stephens;" I heard a man whispering that that was not his name, and then asked him where he lived; he said ``I am not afraid to let you know where I lodge come and I'll show you;" I followed him up Pitt-street; he turned up a passage, and suddenly turning round seized my bayonet and dragged it from my scabbard, but I wrenched it from him; the prisoner then went a few paces further up the passage; there was a man leaning over the fence named Deneen; a woman met us in the passage, who asked, ``what do you want with the soldier?" I asked if she knew the prisoner; ``yes," she replied, ``he lodges with me what do you want with him?"  I told her he had offended me grossly; she then requested me to come into her house, for the man was drunk, and told me not to mind him; the prisoner said, pointing to the man leaning over the fence, ``this man knows me;" I asked his name, and was told ``Stephen Stock;" I asked where he lodged; he said in the house opposite, pointing to the house; the old woman on this said ``be off out of this, you by soldier, what do you want here?" when she found I would not enter her house, and catching the prisoner by the arm, dragged him into the house, I followed; and an old man coming in his shirt to the door, exclaimed he would blow my brains out if I did not be off out of that; he had no gun in his hand; the prisoner opened a window opposite to me and presented a piece at me, saying ``Be off out of that, or I will blow your brains out;" he drew the gun back again, but coming in the door, the old man told him to give me the slugs in the gun if I did not start out of that; I then left the premises; while my back was turned and at a distance from the prisoner about 100 yards, I heard the report of a piece, and something which sounded like shot struck a chimney near me; I was eighty to one hundred yards when the gun went off; it seemed to come from the house I had left; I turned round, and looking in that direction saw two men at the door, one was in his shirt, and the other dressed; I cannot say whether they were the old man and the prisoner or not; I am certain the gun was loaded with either buck-shot, slugs, or ball; they might have been pebbles; had the gun been discharged from the door where I last saw the prisoner, the shot would have taken the direction where I stood; I saw the chimney two days afterwards; it was full of marks; pebbles would not have caused those marks at that distance; the plaister was knocked down on several places but I cannot swear that it was caused by slugs; the chimney at the time of the discharge of the piece was about 6 yards distance from me.

Cross-examined by Mr. Williams--The night was not dark; had the prisoner intended to kill me, he might have shot me at the window; the marks in the chimney were examined by myself and the constables; the marks were scattered about the height of my head; the chimney was stone; I cannot swear whether it was the wind or the weather that caused those marks; I cannot swear who fired; it might have been the old man; I was in a yard appertaining to the house when I was threatened; I cannot say whether it was a musket or a fowling piece; I do not know whether a fowling piece loaded with shot would kill at the distance of one hundred yards; I walked away, when the prisoner abused me; I followed him afterwards, and saw him housed; I never said I would have him out of the house; when he came to the door I was a short distance from it, I remained there till my comrade, Higgins returned with a constable; he came before the gun was fired; he had returned to Barracks before the gun was fired; I was not on the premises when my comrade came back; I stopped ten minutes after my comrade had left, but off the old man's premises; the old man threatened to shoot me; I can't swear that it was not the old man who shot at me; there was hesitation on the part of the people present, to inform me where the prisoner lodged; the old woman treated me kindly at first, till I had informed her that the prisoner had grossly insulted me; my comrade and self did not holding the prisoner against the wall draw our bayonets against his breast, and say he should go to the watchhouse, as we would have his life; I can't say whether the old woman was present when the prisoner was requested to come to the watch-house; I might have sworn to the person of the prisoner; I don't know whether, when I left the prisoner, it would have been possible for me to find him again; the shot passed my head; I swear that the contents of the piece did not go over my head; I swear the piece was loaded; I never had any conversation with Colonel Despard about settling this matter; the night was not dark, but too dark to identify a man at 100 years; it is usual to go to barracks at half-past eight o'clock; I remained with the prisoner till this time; I can't swear who it was fired the piece.

DENNIS DENEEN.  I am a blacksmith, a free man; I reside in Pitt-street; in June last the prisoner at the bar lodged near me, in the next yard; I remember a soldier being on the premises about half, past eight on the evening of that day; he was in the passage leading to the house where the prisoner lived; there were two soldiers; I heard Stock say this man knows me, pointing to me; I told the soldier his name was Stephen Stock; the prisoner went into the house, when Tetty told him he had no business there, and ordered him to be off; the people of the house told the soldier that the prisoner was at home in their house, and he should not leave that; Stock went in, and the door was closed; the soldier remained outside; Tetty, the owner of the house, told the soldier it was his house, and ordered him out of that; the prisoner said, opening a window, if he did not be off out of that he would blow his brains out; the soldier stopped about a quarter of an hour, and then retired, when Stock, coming to the door, fired a piece in the direction of the soldier; I am sure it was Stock fired the piece; I don't think the shot could possibly have hit the soldier; when the piece was fired the angle of a house intervened between the prisoner and the soldier; the shot might have hit him had there been no house in the way; it was moonlight; the door faced the way in which the soldier went, and the piece could not have been fired in any other way; I did not see the soldier when the gun was fired off; I think when the piece was discharged that Stock could not see the soldier; I don't think the soldier was 100 yards distant; I will swear positively it was Stock fired the gun; I didn't see the barrel; I was never on bad terms with Stock; I was the soldier, Connor, draw his bayonet, and tell Stock he should go with him; I didn't see a bayonet or bayonets held to the breast of Stock; nor did I hear any one say ``You shall go with us, or we will have your by life;" I don't know whether the gun was fired for the sake of intimidating Connor; I am acquainted with the situation of the chimney which the soldier swore was struck by shot; it was wholly impossible that the shot could have reached the chimney; the prisoner might have shot erroneously, without any malice.

By the Court. The prisoner pointed his gun in the direction of Harts; the soldier went between the two chimneys.

By the Jury. Had the prisoner taken aim he might have struck the chimney.

EDWARD PETTY, examined by Attorney General.  I live in Pitt-street; the prisoner at the bar lived with me in January last; I remember in the beginning of Jan., seeing a soldier in my yard about 9 o'clock in the evening; the prisoner at the bar was in the house at the time; I saw the soldier going away: after the soldier went away, I heard the report of a piece; I do not know who fired the piece; no one was in the house but the prisoner and I.

By the Court.  The piece is my own; I did not load the piece; I had powder in the house; no shot of any description: I missed some powder; I did not see the gun fired; when the soldier retired, I went to bed directly; I asked the soldier what he wanted; he said he wanted a man out of my house; I told him to go to his commanding officer, or get a warrant from a Magistrate, I had no shot, nor lead of any description in the house; I live 60 yards from the street; I heard of a chimney being shot; the shot could not have struck the chimney had it been fired in the direction of Harts's buildings; it was at least seventeen minutes before the gun was fired.

By the Attorney General.  I did not see the soldier at the time the shot was fired.

By the Jury.   I am not aware that the neighbours are in the habit of discharging the pieces.

Verdict Not guilty.  Discharged by proclamation.

See also SYDNEY HERALD, 21 February 1833.


The Sydney Monitor, Wednesday 27 February 1833

On Friday last an Inquest was held at the Bricklayer's Arms, Market-street, on the body of Mary Ann Edrop, a fine girl, who had but a few days previously completed her 15th year.  It appeared from the evidence of the father of the girl, James Edrop, a butcher, residing in King-street, that on the night of Tuesday week, about eleven o'clock, his daughter retired to her bed-room, situated over the kitchen, and detached from that part of the house, or sleeping room, occupied by Mr. and Mrs. Edrop; about 20 minutes after she so retired, the former said to his wife, he heard the name of Syme (the man who usually slept in the kitchen) repeatedly called by some person; he immediately proceeded to the chamber of his daughter over the kitchen, and there found the sofa cover and part of his child's apparel on fire; his child had, through fear of incurring his displeasure, escaped, enveloped in flames, to her mother, who succeeded in extinguishing the fire, but not before the poor girl was most dreadfully burnt.  Dr. Mitchell was immediately sent for, and as promptly attended, and upon seeing the girl, he considered her case hopeless; the poor sufferer lingered until about 6 p.m. on Thursday evening, and then expired.   From her confession to her parents, it appeared, she had, on going into her room, sat down near the sofa, and commenced putting her hair in papers, when she fell asleep.  It is supposed that she knocked down the candle on some part of her apparel, which became ignited --- The Jury returned  a verdict "That the decreased was accidentally, but so seriously burnt on the night of Tuesday last, as to occasion her death on the Thursday following."


The Sydney Monitor, Saturday 2 March 1833

On Wednesday last, a man in the employ of Mr. Hunt, Undertaker, walked on Doctor Hilton, complaining of being unwell; the doctor desired him to go home and go to bed, and afterwards called on him; on the following morning the man was found to have expired from a lock jaw.

A Coroner's Inquest assembled at eleven o'clock, A.M. on Wednesday last, at the Bricklayer's Arms, in the case of James Smith, who died in the General Hospital on the morning of that day; he was the same individual who had been stabbed by a butcher, named Hilliard, on the Rocks, in a scuffle which took place on the 28th of November last.  The investigation lasted until near eleven, P.M. when the Jury returned a verdict of Manslaughter against the said William Hilliard, who was committed under the Coroner's warrant, to take his trial for the offence.


The Sydney Monitor, Saturday 16 March 1833

A Coroner's Inquest took place on Tuesday morning at the Cross Keyes, Goulburn Street, on a child named Sarah Turbit, aged two years and a half.  The morning before at an early hour, she was left alone in a room in which a fire which had been recently kindled, and while her mother was gone to a well, a short distance from the house, to procure a bucket of water, the child approached the fire so close that her night dress became ignited; the alarmed mother, who was not absent more than three of four minutes, ran back to the house and found her child standing in the yard most shockingly burned.  She immediately extinguished the flames, wrapped the sufferer in a blanket, and applied some remedies, but the child expired about four o'clock A.M. on Wednesday.  Verdict---So severely burned as to occasion her death.

The same day an Inquest was held at the Ship of War, O'Connel Street, on the body of a man named Nathaniel Brogan, who on Thursday last had taken lodgings in that street, and died suddenly on Wednesday morning.  His frame was much emaciated by pulmonary disease.  Verdict---Died by the Visitation of God.

On Saturday an Inquest was held at the Erin go bragh public-house, Gloucester-street, on a female, Johanna Cluff, who, on the previous evening, about eight o'clock, expired from severe tetanus (lock-jaw); there had been some reason to suspect, her death had been accelerated by the conduct of a man named Edward Elliott, with whom the woman cohabited; but after a patient investigation of nearly five hours, nothing could be elucidated to criminate him, and he was discharged.  The Jury returned a verdict of, Died through a lock-jaw.

Hillyard, the pork butcher, whose knife entered the side of the late John Smith, has been committed by the Coroner to take his trial for manslaughter, after an inquest had been held on the body, Smith having deceased in consequence of the wound.  Smith had got well, and left the Hospital.  He soon fell sick, again went to the Hospital, and there died.  On opening the body, the lungs were found in a state of perfect decay.  The wound had healed outside, but not in the lungs.  An abscess was the consequence, and his speedy death.

A man named Frost (commonly called Jacky Frost), was found dead, leaning over the paling of some garden at Newcastle.  There is a report that he had applied the day before to go into the Hospital, and had been refused, and that ten of the Jury of the Inquest wished this to be noted down with the verdict, but not being unanimous, it was omitted.  We hope all this last is not true, as it goes to reflect much on the surgeon of Newcastle.  This is the man who, for being away from his boat a few yards, when Captain Gillman was Commandant at Newcastle, was flogged by the latter instanter (it being Sunday, and the people gone to church), for disrespect and neglect of duty.  No trial; quite summary, a la Gillman.


The Sydney Monitor, Saturday 30 March 1833

An inquest was held on Thursday last, at the Fox and Grapes public house, on the Parramatta-road, before Mr. Augustus Hayward, Coroner for that district, on the body of a female, named Mary Byrnes [Burns], who had been shot that morning at a very early hour, by a man in the employ of Mr. Charles Smith, butcher, of Sydney, who was bringing down from the farm a load of turnips. It appeared in evidence, that the deceased had cohabited for several years with a man named Patrick Lenning, who resides at Concord, and which place they both left long before day-light with a load of bush grass for Sydney market, and had proceeded on their way as far as the junction of the Parramatta-road with the road leading from Concord, when the noise of a cart following close in the rear was heard, and only a few minutes had elapsed when a shot was fired. The witness (Lenning) enquiring of the man in the cart whom he fired at? he replied, "at a man at the tail of my cart!" but instead of a man, the deceased lay lifeless on the ground.  At this time it was very dark, and the rain pouring in torrents.  Lenning having obtained the assistance of the man who had fired the piece, placed the body in his cart.  The man expressed the deepest sorrow for what had happened, but refused to give his name, or state in whose employ he was, apparently from fear.  After taking his fire-arms out of his cart, he went into the bush, stating, he would shoot himself.  Application was made by the witness to the Police at Longbottom, who promptly rendered all the assistance in his power, and after a fruitless search for the man, gave it up, and conveyed the body to the above house.  It did not appear there had been any previous conversation between the deceased and the man who shot her, nor the least intimation given to Lenning that there was any suspicious person near the carts.  Mr. Smith, the owner of the cart, attended the Inquest, but not being able to state the name of the man in charge of the cart, and no witness being able to give any clue to the identity of the person firing, a verdict of Manslaughter was returned against some person to the Jurors unknown.  Mr. S. after the Inquest, presented the witness Lenning (who appeared to be in a very humble situation in life) with two pounds towards the expenses of the deceased's burial, and promised to make every exertion to bring the perpetrator of this melancholy affair to justice.  The body of the corpse presented an appalling spectacle, the forehead, face, and neck, being perforated with buck shot.  The name of the man who was in charge of the cart is known, and a warrant is issued for his apprehension.


---On Thursday last a poor woman residing at Concord, was on her way to Sydney with a cart-load of produce for the market, and the morning being cold, she wrapped herself in a great coat.  A man was driving a cart belonging to Mr. Charles Smith near to the former, behind which the woman was walking, sometimes being closer, sometimes being further away from Smith's cart.  On one occasion, when the poor woman neared Smith's cart rather closer than usual, the man presented a pistol and shot her through the head, dead on the spot.  Whether it was fear that worked on the man's mind, suspecting her from her apparent disguise to be a bushranger, or what other motive occasioned the act, cannot be conjectured; it is certain that he had no former knowledge of the woman, and could not therefore be actuated by malice.  A soon as he had assisted to place the body in the cart, he fled into the bush, and has not since been heard of.

On Friday a Coroner's Inquest assembled at the Governor Macquarie, Pitt-street, on the body of a man who had been a journeyman to Mr. Pritchard, named Edward Edwards, 65 years of age; he had lived with Pritchard for upwards of 12 years.  On the preceding morning, between 8 and 9 o'clock, while stopping to light his pipe by the kitchen fire, he was stabbed by a fellow journeyman, Edward Green, who had also worked for Mr. Pritchard the last eight years.  It appeared there had been no recent quarrel between the parties on the morning in question, but that they had not been on speaking terms for the last 2 or 3 years.  At the time the fatal transaction took place, there were other workmen at breakfast in an adjoining room, one of whom, James O'Neil, rushed into the kitchen on hearing the exclamation, Oh. Oh! and there saw Edwards bleeding profusely, and faint; another man, a shoemaker also, John Low, soon followed O'Neil, and succeeded in securing Green and taking the fatal instrument out of his right hand.  It was a shoe-maker's paring knife, very sharp and covered with blood, his right hand was reeking with the blood.  Edwards managed to reach the shop and then fell.  Dr. Bland instantly attended, bound up his wounds and had him put to bed, where he lingered until next morning about 6 o'clock, and then expired.  Dr. Bland, on opening the body, found the incision on the left side had cut through one of the ribs and entered the cavity of the heart; another also on the right side, had perforated the liver of the unfortunate old man.  The Jury returned---Wilful murder against Edward Green.  Green was committed accordingly on the Coroner's warrant.


The Sydney Monitor, Wednesday 3 April 1833

On Sunday last, an Inquest was held at the "Bricklayer's Arms," Market-street.  On the Saturday evening, an assigned servant to Surgeon Alexander Imlay, named Macnamarra, was assisting in placing some luggage in his master's gig, which was standing at the door of the General Hospital, when he incautiously took up a loaded pistol with a percussion lock.  Seeing it had no flint, and not being aware of the nature of such locks, he very imprudently touched the trigger; it went off, and the contents lodged in the face of his fellow-servant named Burton, the ball entered his left eye, took an oblique direction, and entered the brain.  He was taken into the Hospital, and expired about 11 that night.  Verdict---Accidental Death.

Another Inquest took place yesterday, at the Coach and Horses Cumberland-street, on the body of the late Captain Sleight, who, about half past one o'clock yesterday morning, cut his throat with a razor, at his residence in that street, in a most determined manner.  It appeared he had retired to bed on the Sunday night about 10 o'clock, with Mrs. Sleight, and about one quitted his bed, leaving Mrs. Sleight asleep.  It is supposed that he went on his knees, and in that posture perpetrated the rash ash; in completing it he divided the carotid arteries, and also the trachea.  Verdict---Temporary Insanity.


The Sydney Monitor, Wednesday 17 April 1833

SUICIDE.---Yesterday morning a man in the employ of A. Mossman, Esq., attempted to terminate his existence by cutting his throat.  Messrs. Wallace and Neilson, surgeons, were instantly called to render professional aid.  The jugular vein was cut, and an opening made into the windpipe.  Prompt measures however being resorted to by these gentlemen, there is some chance of his recovery.  Intemperance and consequent mental derangement were the causes of the act.

On Thursday last an old veteran pensioner waited on Dr. Wallace, and verbally consigned his body, after death, over to that gentleman.  Shortly afterwards he returned home, and made presents of some few articles of clothing he was possessed of.  He sent a message to Dr. Wallace, requesting his attendance, as he was dying; but before the first message had time to arrive at the Doctor's house, a second one followed, with the account of the old man's having cut his throat.  An inquest was held on the body, and a verdict of insanity was recorded.

On Sunday last, a man in the employ of Mrs. Catharine M'Leod, of Castlereagh Street, whilst employed in his usual avocation, fell down in an apoplectic fit and expired.  A Coroner's Inquest was held on the body, and returned a verdict accordingly.

A coroner's inquest, after sitting on the body of James Fox, ascertained that his death had been occasioned by his falling from a ladder, which he had ascended, in trying to get into a loft, and brought in a verdict accordingly.

On Thursday a man named Matthew Smith, in crossing the Race Course from Macquarie Street, suddenly called for help and fell.  He was conveyed home and shortly expired, the fit being apoplectic.


THE AUSTRALIAN, Friday 3 May 1833

A man of the name of Robert Crook has been committed to take his trial at the ensuing Criminal Sessions, for cutting down with an axe a native lad named Jaques.


THE AUSTRALIAN, Friday 10 May 1833

On Wednesday last an Inquest was held at the Tanner's Hall, Sussex-street, on the body of Joseph M'Laughlin, who was choked by a piece of meat sticking in his throat.---Accidental death.


THE AUSTRALIAN, Friday 17 May 1833

CORONER'S INQUEST.---An Inquest was held at the Black Dog, in Cambridge-street, on Sunday last, on the body of Thomas Parsonage, who met his death the previous night by fire.  It appeared that the deceased was subject to fits---he had retired to his room with a candle and was heard calling out for his son who found that the candle had ignited his clothes and burned him so dreadfully that he expired in a very short time.---Accidental Death.


The Sydney Monitor, Saturday 18 May 1833

On Sunday, a Coroner's Inquest was held at the "Black Dog," in Cambridge street, on the body of Thomas Parsonage, who came by his death on the previous evening, by being severely hurt.  It appeared that the deceased was subjects to fits, and it was supposed, that, having fallen into a fit when going to bed, he had knocked the candle on the bed.---Verdict, accidentally burnt to death.


THE AUSTRALIAN, Friday 24 May 1833

EXECUTION.---On Monday morning, William Karney, who was convicted for the wilful murder of John Keith, underwent the utmost penalty of the law at the usual place of execution, in Sydney gaol.  The culprit addressed the persons assembled at some length, declaring his innocence.  The Rev. Mr. M'Enroe attended him.  This is another instance of the fatal effects which arise from inebriety.

Coroner's Inquests.

An Inquest was held on Sunday last at the Sailor's Return, Cumberland-street, on the body of Henry Beans, belonging to the ship Albion, who was seized with apoplexy while on the rigging of that vessel, and shortly expired.  The Jury returned a verdict of "died by the visitation of God."

Another Inquest was convened on that day at the King's Head on the body of Michael Layton, who came to his death by slipping from the deck of the Cutter Linnet, and was drowned.  Verdict, "Accidental Death."

At the Sailor's Return, Fort-street, an Inquest was held on Tuesday on the body of Mary Row[??]en, who was burned to death the day previous by approaching incautiously too near the fire.  Verdict "Accidentally burned to Death."

Law Intelligence.


Crown Side, Friday, May 17.---Before the Chief Justice and the usual Commission.

William Carney was indicted for the wilful murder of Michael Keith, by inflicting a wound on his head with a spade, at Evan on the 9th March.

The second count laid the offence to have been committed with a tomahawk.

It appeared in evidence that prisoner and deceased were tenants of Sir John Jamieson, and resided on his estate at Penrith.  On the night of the day laid in the information, the prisoner, deceased, his brother, and several other persons assembled at the house of a man named Lynch, where rum was produced and some of them became intoxicated, but neither prisoner or the deceased; a fight took place between Hayes and a man named Lynch, which deceased tried to prevent; during the scuffle a bottle was thrown by some one which fractured the leg of the deceased, who shortly after left the house followed by prisoner; when deceased came near to what is called Cox's gate, the prisoner struck him with a spade or tomahawk a blow on the head which felled him to the ground, he then struck him when down; prisoner's brother who had followed the prisoner and saw the transaction, asked him what he had struck his brother for, to which he replied, "I'll serve you the same," and struck him with the same instrument a violent blow on the head.  Deceased having been put to bed, Sir J. Jamieson visited him and dressed the wound, at the same time giving him to understand, that from the nature of it he could not recover.  Deceased prayed to God for mercy, and said that the prisoner Carney had killed him, he expired about twelve o'clock the following morning.  The prisoner was taken into custody, and on a search being made, a spade without a handle was found, on which a spot of blood was visible, and the end had apparently been thrust into the earth and then put in the fire.  This was the case for the prosecution.

For the defence it was endeavoured to be proved, that deceased, his brother, and a man named Lynch had gone to the house of Hayes and broken open the door, when Lynch commenced an attack upon the prisoner who was inside the house; shortly after the deceased was found bleeding on the ground.---To rebut this, Lynch was called who denied it altogether.

The Jury found the prisoner Guilty, and having been called up for judgment, the learned Judge passed sentence of death upon him, and ordered him for execution on Monday the 20th, and his body to be dissected and anatomized.


The Sydney Monitor, Saturday 25 May 1833

On Sunday an Inquest sat at the "Sailor's Return," Fort-street, on the body of a seaman belonging to the Albion whaler, named Henry Haines, who died in a fit of apoplexy, on the preceding day.  Verdict---Died by the visitation of God.

A sailor on board the Sarah brig, now lying in Neutral Bay, named Attoy, a native of New Zealand, fell down the forehatch of the above vessel on the night of the 22nd instant, and was so seriously injured in the head, that he expired in five or six minutes afterwards.  An Inquest took place on board the Sarah, when after a long investigation, the Jury returned a verdict "Died in consequence of having fallen down the fore-hatchway of the brig Sarah."

On Sunday an inquest was held at the King's Head, Harrington-street, on the body of Michael Layton, which was picked up at Kemp's Cove on that morning.  It appeared that the body was that of a seaman belonging to the Linnet cutter, who fell from that vessel whilst working out of the Harbour a week since.  Verdict---Accidentally drowned.

A Coroner's Inquest was holden at the Sailors Return, Fort-street, on the body of a little girl named Mary Ann Rhoden, who has accidentally burned to death on Monday last.  A verdict of accidentally burned was returned.


SYDNEY HERALD, 27/05/1833

Supreme Court of New South Wales

Dowling J., 24 May 1833

JOSEPH FOX was indicted for the wilful murder of MARY BURNS, by shooting her in the head, with a gun loaded with powder and shot, between Sydney and Parramatta, near Burwood, on the 28th March.

There was no evidence to bring any charge home against the prisoner in this case, save his own confession made before the Parramatta Bench, when he surrendered himself, and he stated that while driving his master's cart to Sydney, some person came up to it, whom he took to be a man, as she was wrapped up in a great coat, when he called out to know who was there, and while turning round the gun, which was in the cart, went off, without any act on his part to cause it to do so.  This statement being totally uncontradicted, and Mr. Icely, who knew him for five years, giving him a most excellent character for humanity, the Jury found him not guilty, and the learned Judge, in discharging him, observed, that he left the bar a respected man, from the very high character which had been given him.

See also Sydney Gazette, 25 May 1833.


R v Green [1833] NSWSupC 32


The Sydney Monitor, Wednesday 29 May 1833




FRIDAY, MAY 24.---Before Mr. JUSTICE DOWLING and the usual Military Commission.

Joseph Fox, was indicted for the wilful murder of Mary Burns, on the Parramatta Road, on the 28th of March last.  The prisoner was in the employ of Mr. Smith, of Sydney, and on the day laid in the indictment, he was driving his master's cart to Sydney, when the deceased approached the cart, wrapped in a man's great coat.  Prisoner was on the alert, knowing that several cart robberies had been effected lately, and in the act of preparing his arms, the sun went off and shot the deceased dead. There was no evidence adduced that could affect the prisoner, further than his own acknowledgment when taken.  The prisoner received the highest character from persons who had known him, and the case was left to the Jury, who found a verdict of not guilty.  The prisoner was discharged, His Honour remarking, that his character was in no way damaged by the charge, which it had been the duty of the authorities to prosecute.

Edward Green, was indicted for the wilful murder of Edward Edwards, at Sydney, on the 21st of March last.  The case was one of wanton premeditated murder; the deceased and prisoner were fellow-servants, in the employ of Mr. Pritchett, Shoemaker, of Pitt-street, and the prisoner seized the opportunity of the deceased stooping, with his back towards him, of stabbing him three or four times with a shoemaker's knife.  Prisoner, after the crime was perpetrated, coolly said, that he wished to be hung, and that there was a second person whom he desired to serve in the same way.  The prisoner offered no defence, and the learned Judge summed up the case, and left it with the Jury, who found a verdict of guilty. His Honour passed sentence of death on the prisoner, the sentence to be carried into effect on the following Monday, and ordered his body, after death, to be delivered over to the surgeons for dissection.

At the close of the trial of Green, for the murder of Edward Edwards on Friday last, a female witness in that case complained to the Court, of threats made to her by a person named George Ross, on account of her having given evidence.  The case was heard and pout to the Jury, who found Ross guilty of the offence, and the Court sentenced him to pay a fine of 40s. to the King, with a severe reproof.

An Inquest was held on board the brig Sarah, lying at Neutral Bay, on Thursday last, on the body of a New Zealander, a seaman belonging to the vessel, who came to his death by falling down the fore-hatch way, thereby fracturing his scull.  A verdict was returned accordingly.


An inquest was yesterday held at the Mermaid, in Cumberland-street, on the body of Michael Hansey, an aged man, who, on the preceding day, took his dinner as usual; and about four o'clock on the same evening, sitting on a sofa, was taking his tea with some sopped bread in it, when he suddenly reclined his head on the shoulder of a female near him, who placed him on the sofa, and he expired immediately without a groan.  The Jury returned a verdict of---died by the visitation of God.


THE AUSTRALIAN, Friday 31 May 1833

Execution.---On Monday Edward Green, convicted of the wilful murder of Edward Edwards, suffered death at the usual place of execution in Sydney jail.  He appeared totally indifferent to the fate which awaited him.


The Sydney Monitor, Saturday 1 June 1833

On Sunday morning last, a Mr. Slater dropped down dead in the parlour of the Angel Inn, on the Brickfield Hill.  Mr. Slater was a relative of the landlord, and apparently in rude health at the time.  An inquest was held on the body, and a verdict of "Died by the visitation of God" returned.

On Friday last, the Coroner held an Inquest at the Red Lion Public House, Castlereagh-street, on the body of a man named Richard Roberts, a Carpenter, living in Kent-street.  The deceased retired to his bed perfectly sober, and in his usual state of health on the previous evening, and at an early hour the following morning, was found a corpse in his bed.  From the examination of the body, by Dr. Smith, it appeared, he had, during the night, ruptured an internal blood-vessel.  The Jury returned---Died by the visitation of God.


THE AUSTRALIAN, Friday 7 June 1833


On Sunday last, on the Brickfield-hill, a little boy, the son of Mr. Morley, of George-street, about 5 or 6 years of age, was thrown from a horse with considerable violence, the poor child was immediately conveyed to the residence of his parents where he lingered till the following morning, when he expired.

A bushranger walked deliberately into the house of Mr. Cohen, a Settler on the banks of Georges' River, a few days since, and demanded victuals, which was denied.  Mr. C. then told him that he was a bushranger, and he should take him into custody; upon this the fellow immediately snatched up a gun which was in the room, and fired at Mr. Cohen, the contents of the gun, (duck shot,) took effect on his right hand and left thigh; the villain immediately made off, but was pursued by Mr. C., who overtook him, wrested the gun from him, returned to his house, reloaded the piece, and went in pursuit.  He shortly overtook the fellow, who, upon being directed to stop, ran off.  Mr. C. fired the gun at him, the ball passed through the lower part of the stomach, and he immediately fell dead.  Mr. C. gave information to the Liverpool Police.  A Coroner's Inquest was held on the body, and the Jury returned a verdict of "Justifiable Homicide."

Coroner's Inquest.

A Coroner's Inquest was held yesterday at the "Dolphin Inn" Elizabeth Street, by Major Smeathman on the body of Mr. Laverty, who died suddenly during the previous night.  The Jury returned a verdict "Died by the Visitation of God."


Sydney Monitor, Saturday 8 June 1833


A Coroner's Inquest was holden on Thursday last, at the CURRIERS' ARMS, Upper Castlereagh Street, on the body of a person named Edward Laverty, who died suddenly on the morning of that day.

Abraham Lang sworn.---I knew the deceased; he was by trade a cabinet-maker; Mrs. Laverty alias Weston, is an actress at the Theatre; I saw them both last evening, at the Three Horse Shoes public house, in Pitt Street.  It was between 9 and 10 o'clock, and the deceased drank some beer, called half and half there.  He was perfectly sober, and appeared to be in sound health; I took particular notice of him, as I was in conversation with him relative to the business at the Theatre.  Mrs. Weston's benefit was to have taken place to-night, and I was delivering a message to him from Mr. Levey, about the arrangements of the house.  The deceased in company with his wife, left the public house to go home; he was perfectly sober at the time.

Cross-examined by the Jury.---I have known quarrels between the deceased and his wife, but they were nothing more than what occur frequently in families.  The deceased used to drink very hard, and when tipsey, would abuse his wife; I do not know of any agreement between them to separate; there were many persons in the public house on the evening they were there; I know nothing of the death of the deceased.  A medical man, Mr. Street, was present, I believe.

Mr. B. Levey sworn.---I knew the deceased; his wife is a performer at the Theatre; I saw them both yesterday, in the evening, but not later.

By the Jury.---I do not know, of my own knowledge, that an agreement was made between the deceased and his wife that they should separate; I was told that they were going to separate, and that Mrs. Laverty was to give him 50l. and a new suit of clothes to leave him; I know that they led a very unhappy life, and I was once the means of reconciling them.  The deceased has certainly told me that he suspected his wife's fidelity, & the same was reported amongst the actors; but when I saw them yesterday, they appeared perfectly amicable.

John Boyce.---I was servant to the deceased.  I did not stop in the house, but went to it at nearly half-past six in the morning, and left about half-past four in the evening.  This morning I went there as usual, and was let in by the mistress.  I lit the fire, ands as soon as the kettle boiled, which was about seven o'clock, I took a cup of tea to the deceased, who was in bed; when I approached him, he appeared in a dying state, and I went and told my mistress; she burst into tears, and I went off directly for Dr. Street, who came and tried to bleed the deceased, but without effect.  The doctor said he was dead.

Cross examined by the Jury.---I have lived about five or six weeks with them, and during that time I never heard them quarrel.  My mistress was up and dressed, as she usually is when I went to the house.  When I returned from the doctors, his mother had come, and I was sent to Mr. Jones' to borrow a tea-cup and saucer for her.

Drs. Janneret and Street, who opened the body and examined it, returned a certificate, that the deceased had died from apoplexy, brought on by excessive drinking.  They had carefully examined every part of the body, and no violence appeared.  A partial inflammation of the stomach also existed.

The Jury returned a verdict of---Died by the Visitation of God.  

A Coroner's Inquest assembled on Sunday, at the Bricklayer's Arms, Market-street, to view the body of a woman, Mary Smith, about 50 years of age, who had been received in into the General Hospital, between the hours of 12 and 1 o'clock on the morning of that day, in a dying state, owing to wounds on the head, &c.; where she expired about 2 o'clock the same morning.  It appeared, from the evidence of three of the mounted police, who were on duty on Saturday night, between the hours of 9 and 10, when proceeding up the Liverpool road, a short distance from the Plough Inn, that they heard the screams of a female; they proceeded to the spot, about two hundred paces, when they found a man, then apparently on his hands and knees, his face towards the ground, on the grass near the road side on the left, approaching Liverpool; and a female laying near him, bleeding, and quite insensible.  The man, whose name ids John Dickenson, living near the Punch Bowl, on that road, answered their interrogations in a vague and evasive manner, and was evidently intoxicated.  He was forthwith handcuffed; and with the woman, conveyed back to the Plough Inn.  On arriving there, Mrs. Ireland, the landlady, cut the hair off, and washed the wounds on the woman's head, which appeared to be of a dangerous nature.  Mrs. Ireland had a cart on springs immediately prepared with clean straw, and the unfortunate female was placed in it, accompanied by J. Dickenson & the policemen and proceeded to Sydney.  The prisoner was placed in No. 5 watchhouse, and the woman taken to the hospital.  The investigation occupied the jury until a late hour in the evening; no positive proof could be obtained, of the prisoner Dickenson having inflicted the wounds on the head of the unfortunate woman; and Mr. Ireland, of the Plough Inn, produced a bundle containing some female attire quite new, together with some man's apparel; which, it appeared, the prisoner had purchased for himself and the woman, with whom he had cohabited the last three years.  Mr. Ireland also said, he had known the man about eight years, that he was a steady hard working man, by trade a sawyer; and as such he had employed him, and he had never heard any thing disreputable of him.  The jury, after much deliberation, and under all the circumstances, returned a verdict of---"Manslaughter against J Dickenson," and he was accordingly committed to take his trial.---[It appears to us, that the jury have tried this case too much; the man's good character cannot do away with the fact attributed to him; namely, inflicting such blows as caused the woman's death.  It was for a jury, not for the inquest, to say, whether those blows were inflicted with malice.  ED.]

An inquest took place on Tuesday week, at the Jew's Harp, Brickfield Hill.  A boy named Henry Morley, between 9 and 10 years of age, the son of a publican in that neighbourhood, on Sunday afternoon last, had mounted a horse without saddle or bridle, and on galloping down Brickfield Hill at a furious rate, was thrown with violence to the ground, opposite the house of Mr. Gould, his relative; he was immediately taken up, and medical aid was procured, but from the concussion on the brain, he expired about 7 a.m. yesterday.  The jury returned a verdict of---"Accidental Death."

Mr. Cohen of George's River, Settler, has been wounded by a bushranger, who deliberately walked into Mr. C.'s house, took up a gun which was in the room, and fired it at him.  Mr. Cohen, though wounded, rushed out after the bushranger, wrestled the gun from him, reloaded it, followed him, and shot him dead.  A Coroner's Jury returned a verdict of---Justifiable Homicide.


R v Hillyard [1833] NSWSupC 46


The Sydney Monitor, Wednesday 12 June 1833.


Editorial comment on an article in The Sydney Gazette which is critical of the Inquest on Laverty, and the intrusive questions of that jury.


THE AUSTRALIAN, Friday 14 June 1833

We have been requested to state that the report of the evidence adduced before the Coroner's Inquest on the body of the late Mr. Laverty, as detailed in the Monitor of Saturday last is not true, and that Mr. B. Levy did not state in his deposition before the inquest "that the deceased (Mr. Laverty) had told him that he suspected his wife's fidelity."

Coroner's Inquest.

An Inquest was held on Wednesday last, at the "Green Man" York Street, on the body of Elizabeth Layton.  It appeared that the deceased went into a neighbour's house in a state of intoxication, and with some others remained from 3 in the afternoon, until 9 at night drinking rum, when she became so excessively intoxicated that she would not go home, they made a bed for me on the floor in a small room.  By some means, not attainable, her clothes became ignited, and about 1 A.M., she found her way to the chamber of the master of the house who was then in bed with his wife asleep; she soon awakened him by exclaiming "Enoch, Enoch, I am burnt to death," he immediately jumped out of bed, and in less than a minute, extinguished the fire, her garments were literally burnt from her legs to her waist and upwards to her bosom.  She was conveyed to her own dwelling, in a short time, all medical aid was of no avail, she expired about 3 o'clock on Thursday afternoon.  The Jury returned a verdict, that the deceased was so severely and accidentally burnt while in a state of intoxication as to occasion her death."


The Sydney Monitor, Saturday 15 June 1833

More comment on the Laverty Inquest, by J. D. Campbell, the reporter.


The Sydney Monitor, 26 June 1833

On Friday last, an old pensioner named Neil, who emigrated to the Colony a short time back, cut his throat in a fit of despondency.  An inquest was held on the body the same day, and a verdict of---"Destroyed himself in a temporary fit of insanity" was returned.

On Saturday last, the Coroner held an Inquest at the estate of Mr. Simeon Lord, at Mud Bank, Cook's River, on the body of Edward Tyler.  In the afternoon of the preceding day, a young man named Edward Tyler, who had been in the employ of Mr. Harpur the brewer, had obtained a musket and some swan shot from a hut in the neighbourhood, with the intention, as he expressed himself, of having a shot; thus accoutred he went into an almost impervious part of the bush, about a mile from the hut where he had obtained the gun, and placed the butt end of it securely between two trees, and, with a piece of stick, contrived to touch the trigger, after having placed the muzzle close to his chest; the piece went off, and the contents went through his chest, passing out at the left shoulder.  At sun-down he was found by a fellow-servant lying prostrate on his back, quite dead; the wadding of the piece had burned the clothes on his breast.  In his hat was found a piece of paper written in Crayon, and in a very legible hand, to the following effect---"forgive the rash act which I am now about to commit---conscious guilt has been the cause-I have done no good to any one, and the sooner I am out of the world the better---to Mr. Harpur I have done much wrong; let this be taken to him---farewell to all; I hope this will be a lesson."  The Jury returned,---"that he had destroyed himself while in a temporary fit of insanity."


THE AUSTRALIAN, Friday 28 June 1833

Coroner's Inquests.

On Sunday week an Inquest was convened at the Bricklayer's Arms, Market-street, on the body of William Elville, who, while in a state of intoxication fell into the fire and was burnt in such a deplorable manner as to occasion his death.  Verdict---Accidental Death.The same day an Inquest was held at the same place on view of the body of Peter Hiiggins.  The deceased had been ill for a considerable time, and expired on his way to the Hospital.  Verdict---Died by the visitation of God.

On Monday last the Coroner held an Inquest at the sign of the Woodlark, in Clarence-street, on the body of John Stacey, who had put a period to his existence that morning, by cutting his throat with a razor.  The Jury found the following verdict---That deceased had committed the act while labouring under a temporary  fit of insanity.

On Friday week, a person named Edward Tyler placed a gun in the fork of a tree, and touching the trigger with the ramrod, the contents lodged in his head, occasioning immediate death.  A Coroner's Inquest was held on the body the next day, and the Jury returned a verdict---That the deceased had shot himself while labouring under temporary derangement.


THE AUSTRALIAN, Friday 5 July 1833

A young woman residing in Sussex-street met a premature death a few days since by eating starch---the prussic acid which is a component material proving fatal.  The body was interred without any Inquest being held, this is extremely reprehensible.

Coroner's Inquest.

On Monday evening, a Coroner's Inquest was assembled at the King's Head, Harrington-street, and from thence proceeded to the ship Westmoreland, laying in Port Jackson.  It appeared that a mariner named John Hannibal had, on the morning of that day, about 7 o'clock, entered himself on board that ship as such, that he was soon after employed in adjusting the rigging in the neighbourhood of the fore-top, and from thence to the fore try-sail gaff, from which, by some fatal accident, he fell to the deck, near the fore-hatchway, and his head came in contact with the ring bolt at that spot, and he fractured the right temporal in a most dreadful and complicated manner, and instantly expired.  The Jury returned "that he met his death in consequence of having accidentally fallen from the fore-try-sail-gaff of the said ship."


The Sydney Monitor, Saturday 6 July 1833

A Coroner's Inquest was convened on Monday evening last, at the sign of the King's Head Harrington Street, and thence adjourned to the ship Westmoreland, now lying in the harbour; on the body of John Hannibal, an able bodied seaman, who had on the morning of that day, entered himself on board that ship.  About ten o'clock, he was in the fore-top arranging the rigging, and thence went to the fore try-sail garf, from which, by some accident he fell, being a height of forty feet from the deck, his head coming in contact with the ringbolt of the fore hatchway, which extensively fractured the right temporal parietal and frontal bones.  He expired almost immediately.   He was perfectly sober.  The Jury returned a verdict of---"Met his death in consequence of having fallen accidentally from the fore-try-sail-garf of the ship Westmoreland."


An Inquest was holden at the sign of the Somerset-House, at the corner of George and Liverpool streets, on Monday last, on view of the body of an infant seven years old, named Mary Jane Barnes.   [3 columns.]

Verdict.---"that the deceased came by her death by having been given poison instead of magnesia."

On Saturday last, a Coroner's Inquest was held at the Newcastle Packet, public-house, in Cumberland-street, Rocks, on view of the body of Mary Ann Coulan, an infant three weeks old, who died suddenly on that morning.  Doctor Bland certified, that the child had died from suffocation, and it appeared on the evidence of several of the lodgers, that the infant had otherwise been taken every possible care of by its mother.  The Jury returned a verdict of---Died from suffocation.


THE AUSTRALIAN, Friday 19 July 1833

We have received information that Doolan, who our readers will recollect was the approver in the case of the murder of Mr. John M'Intyre, on the trial which took place some few months since, and who was subsequently removed to Norfolk Island, has been barbarously murdered on the 19th of May at that settlement by a prisoner named Riley, who inflicted 7 or 8 wounds on his body with a knife which he had secreted on his person for that purpose. ...


THE AUSTRALIAN, Friday 26 July 1833

Mr. Joseph Biggs, of Phillip-street, better known by the cognomen of "Joe the Coachman," was unfortunately burnt in such a dreadful manner, on the night of Wednesday last, as to occasion immediate death.  It is said that Mr. B. has been insane for some time; he formerly filled the situation of coachman, for a number of years, to Governor Macquarie.  An Inquest was held on the body on Thursday, and a verdict to the above effect returned.

Two residents on Georges' River have been apprehended on a charge of cattle stealing, by the Liverpool Police; it is also suspected that a witness [Thomas Kerr] who could have given material evidence against the accused, has been murdered, as he has not been heard of since the first intimation of the charge against them, and the natives have distinctly traced human blood from the house of the persons who have been apprehended, in a direction towards Georges' River.  The whole of the Constables, assisted by a party of Aborigines, are in search of the absent man.


The Sydney Monitor, Saturday 27 July 1833

On the 25th an inquest was held at the Three Tuns, Hunter street, on the body of Mr. Joseph Biggs, of Phillip-street, who had been in an imbecile state of mind for some time past.  About two o'clock on the morning of that day, during the temporary absence of the servant, who slept in the same room, he enveloped himself in the bed clothes, which became ignited by their contiguity to the fire, and were soon in a blaze.  Upon the alarm, the servant-man rushed into the room, and found his master lying on the floor surrounded by flames; he succeeded in extinguishing them, and his master was put to bed.  Medical aid soon arrived, but from the dreadful manner in which he was burnt, he expired about six o'clock the same morning.  The Jury returned a verdict to that effect.  [Mr. Joseph Biggs late of Phillip street, was burned to death on Wednesday night last.  Mr. Biggs has long been suffering from mental debility, [crease in paper missing line] more than once lately.  He retired to bed on Wednesday night last, and a man who was entrusted to watch him, absenting himself from the room for a short time, the deceased arose and fell into the fire.]

On the evening of the same day, another inquest was held, at the sign of the Rum Puncheon, King's Wharf, where the body of a female (Ann Davis) was deposited from the North Shore.  It appeared the deceased, who was a free emigrant, had cohabited with a man on the North Shore, Terence Burne, residing near Murdering Point.  On the day preceding, some words had taken place between the parties, and the woman about nine P.M. of that day, had gone to Sarah Randal, a neighbour, living about three quarters of a mile from the house of Burne.  About three o'clock Burne was in search of her to the house of Randal, and by threats and persuasion induced her to return home with John Lackman, his servant.  Soon afterwards Burne followed, and within about a quarter of a mile of his house, directed Lackman to quit the woman, and go and make his boat secure.  About 200 yards from the spot, upon the return of Lackman to the place where he had left the parties, he found the woman lying on the ground bleeding.  He procured a wheel-barrow, and with the assistance of Burne, got her home. She was laid on the bed, and expired about eight o'clock the next night.  The handle of an axe was produced, which appeared stained with blood, and is supposed to have been the weapon with which the wounds were inflicted on the woman's head, which occasioned her death.  A verdict of wilful murder was returned against Terence Burne.


THE AUSTRALIAN, Friday 2 August 1833

A person named Thomas Kerr has been [????] barbarously murdered by three persons at Georges' River, and Andrew Cohen, with Agnes his wife, and John Campbell, have been committed to take their trials for the offence by the Coroner, for the district of Liverpool, a Jury having returned a verdict of wilful murder against Andrew Cohen, the other two being committed as accessaries before and after the fact.  The head of the unfortunate deceased was dreadfully beaten, the wounds appeared to have been inflicted by a [???] and the brains protruded through the scull (in which there were seven fractures,) in several places.  It is said that Campbell has made a full confession of all the circumstances, and requested to be admitted an approver against the other persons, which was declined by the Liverpool Magistrates until the opinion of H. M. Attorney General, to whom the case has been referred, could be obtained.


R v Dickenson [1833] NSWSupC 74


THE AUSTRALIAN, Friday 9 August 1833

A Black, on Tuesday night fell out of the cabin window of the Lady Wellington, whaler, the body has not yet been  found.

An unfortunate man, whose name is not yet known, was found in a dying state on the old Race Course yesterday evening.  Medical attendance was promptly procured, but without avail.  He breathed his last a few minutes after the arrival of the Surgeon, who bled him; it is supposed his death was occasioned by apoplexy.

On Monday an Inquest was held on the body of the infant of one Mary Neagle.  It appeared from the evidence adduced before the jury that the child was still born, and they delivered their verdict to that effect.

An Inquest was convened on Tuesday last at Mr. Brett's the "St. John's Tavern," George-street, on the body of an Aborigine who was found dead the previous day in the Government Domain.  Verdict, Died by the visitation of God.


Cohen and his wife will take their trials for the alleged wilful murder of a settler named Kerr, on Friday next.  It has been deemed advisable to admit Campbell as King's evidence.  The case excites unusual interest, from the circumstances under which the crime is said to have been committed.  Mr. Rowe is retained to defend the prisoners.

EXECUTION.---On Monday Terence Byrne expiated his offence for the murder of Ann Davis, on the new drop, in Sydney Jail.  Before being turned off, he most strongly denied his guilt.  He was attended in his last moments by the Rev. Mr. M'Enroe, and on the drop falling expired immediately.

Law Intelligence.


FRIDAY,---Before Judge Dowling and the usual Commission.

Terence Byrne was indicted for the wilful murder of Ann Davis at Lane Cove on the 24th July last.  The jury after a long investigation returned a verdict of Guilty, against the prisoner, and the learned Judge passed sentence of death upon him ordering him for execution on Monday next (this day.)---Mr. Terry defended the prisoner.


The Sydney Monitor, Saturday 10 August 1833

A free Emigrant settler poisoned himself on Tuesday night last, at the White Horse Inn, in Pitt Street.  The deceased, whose name was Pendergast, was recommended to and lived with Mr. M'Donald, of George Street, in the capacity of clerk.  It appeared that the deceased had betrayed the trust placed in him by his employer, and made away with the property and cash of his master, in consequence of which he was discharged.  It is supposed that the part he had acted, weighed on his mind, which coupled with the fear of further discoveries being made of his peculations, caused him to commit the rash act.

On the 5th instant, an inquest was held at the sign of the Governor Macquarie, Pitt Street.  A female named Mary Neigle, in the service of Mr. Stent, a butcher in that street, was delivered of a still-born infant at an early hour of the morning of that day.  A medical gentleman attended at the inquest, & certified the child to have been still-born.  The Jury returned a verdict to that effect; with the addition---"that no improper means appeared to have been used to shorten the said infant's life."

Another inquest took place on Tuesday, at the St. John's Tavern, in George Street, in consequence of a man of colour having been found then preceding night lying dead, in a state of nudity, in one of the walks of the Inner Domain, near Government House.  After a long investigation, and opening the body (by a surgeon,) nothing to indicate the cause of death appeared, & the Jury returned a verdict of---died by the visitation of God.

John Bowling a free man, aged about 70 years of age, yesterday afternoon between 4 and 5 o'clock fell, after staggering a few paces expired almost immediately.  Two medical men were swoon on the spot, they attempted to bleed the poor man but life was extinct.  The Inquest was held this morning at the "Dolphin Inn" Elizabeth-street.  Verdict "Died by the visitation of God."


R v Byrne [1833] NSWSupC 76


THE AUSTRALIAN, Friday 16 August 1833

The trial of Cohen and his wife for the wilful murder of Kerr, a settler on Georges' River, will come on this day.  Some material evidence has been discovered since the prisoners were committed, which will throw a light upon the transaction.

DIED---At Red Bank, Port Macquarie, on the 21st June, Lieutenant Mathew Mitchell, R.N. J.P.  While superintending the falling of trees on his estate, one accidentally fell upon him, and crushed him to death.  He was a distinguished officer in the Navy, where he was several times wounded, and has left a widow now in Scotland.


The Sydney Monitor, Wednesday 21 August 1833




FRIDAY, AUGUST 9.---Before Mr. JUSTICE DOWLING and the usual Military Commission.

Terence Byrne was indicted for the wilful murder of Ann Davis, at Lane Cove, on the 24th of July last.

Sarah Randall was examined, but her evidence was not material.

Samuel Blackman---I am a labourer, a native of Germany, and live with the prisoner, Byrne, at Lane Cove.  I knew Ann Davis, she was the mistress of the house; I knew the last witness, who is a neighbour of ours.  Ann Davis is dead; I saw her dead last Wednesday ...[3 columns.]

His Honor summed up recapitulating the entire evidence, and left the case with the Jury, who retired for ten minutes, and found the prisoner Guilty. His Honor passed sentence of death on the prisoner.

On Monday last, an explosion of a charge of gun-powder, laid to blast the rock, took place at Goat Island, killing one man, and maiming many others.  The man who was killed, was standing immediately over the vein, and was dreadfully mutilated, and others had arms and legs broken.  The survivors were immediately attended by a surgeon and every thing was done to alleviate their sufferings.  Several of them, nevertheless, remain in a dangerous state.  A Coroner's Inquest was held on the deceased, and a verdict of accidental death by the explosion, returned.


THE AUSTRALIAN, Friday 23 August 1833

Andrew Cowan will be tried to-day for the alleged wilful murder of a person named Leary, alias Cavenagh, at Georges' River, a few months since.  A verdict of justifiable homicide was returned by the Coroner's Jury, but the Attorney General has thought it his duty, in consequence of some material facts which have come to his knowledge, to prosecute the prisoner for murder.


On Monday last one of the prisoners named Samuel Taffy, employed at the Government works on Goat Island, was accidentally killed by the explosion of a quantity of gun powder, which had been laid to blast a rock.  The deceased was dreadfully mutilated, and was found 35 yards from the place where the accident occurred.  A Coroner's Inquest was held on Tuesday, and the Jury, after viewing the body, proceeded on board the Hulk Phoenix, where they returned a verdict of accidental death.  Two other persons were dreadfully maimed, and one completely blinded by the explosion.  They have been removed to the Hospital for medical treatment, where they now remain in a dangerous state.

Another Inquest was held on Thursday, at the Ship Inn, King-street, on the body of Joseph Hindson, one of the ironed gang employed at Goat island, and who received such severe injuries from the sudden explosion of the blast on Monday, through the carelessness of allowing them a steel instead of a copper needle.  Notwithstanding the severity of the injuries received at the time, he was kept with the basils on his irons on up to the moment of his death.  The Jury returned a verdict of accidental death.


The Sydney Monitor, Saturday 24 August 1833

A dreadful murder was committed at Norfolk Island on the 17th if July, by two men named James Reynolds and Mathew Connor, on a man named Sullivan.  Four men are in custody for the murder, and Connor has confessed the whole of the circumstances.

We quote the following from THE AUSTRALIAN, but we doubt the latter part of the story; unless that the irons were kept on from humanity; and to prevent the jarring of the limbs.  If this last be the fact, the paragraph is very improperly expressed:---"Another inquest was held on Thursday, at the Ship Inn, King Street, on the body of Joseph Hindson, one of the iron gang employed at Goat island, who received severe injuries from the sudden explosion of the blast on Monday, through the carelessness of allowing them a steel, instead of a copper needle.  Notwithstanding the severity of the injuries received at the time, he was kept with the basils of his irons on up to the moment of his death.  The Jury returned a verdict of accidental death.

A Coroner's Inquest was held on Tuesday on board the hulk off Goat Island, on a prisoner of the Crown named Samuel Taaffe.  The deceased had been employed the day before with some others on that Island in blasting a rock, and while stooping down over an aperture in which some powder had been deposited, and endeavouring to remove the iron needle used on such occasions, the powder suddenly became ignited, and he was thrown into the air some thirty yards and came to earth a lifeless and horrid spectacle, the whole of his face and left arm having been removed by the explosion.  The Jury, after viewing the body, which lay on the spot where the accident happened, returned a verdict of Accidental Death.


The Sydney Monitor, Wednesday 28 August 1833




FRIDAY, AUGUST 23.---Before Mr. Justice DOWLING, and the usual Military Commission.

Andrew Cowan was indicted for the wilful murder of William Cavenah alias William Geary, at Holdsworthy, on the 30th of May last, by shooting at him with a gun loaded with powder and ball, and inflicting a wound on the belly, whereof he died.  A second count charged the prisoner with the wilful murder of some person to His Majesty's Attorney-General unknown, in manner aforesaid. [3 columns.]

Mr. Rowe closed his defence, and His Honor summed up, recapitulating the evidence, and left the case with the Jury, who retired for ten minutes and returned a verdict of Not Guilty.  [See also following report and Judge's comments.]

One of the Crew of the Isabella threw himself overboard as she was making out of the harbour, and before assistance would be rendered, he sank to rise no more.  No cause is assigned for this extraordinary act.  Most likely an attachment for some female left behind.  The body has not yet been picked up.

On Thursday last a Coroner's Inquest was holden at the "Ship Inn", King Street, on the body of a man named Joseph Hudson, who came by his death by an explosion of gunpowder used to blast rock on Goat Island.  The deceased's thigh was fractured in two places by the rock, and the bone obtruded through the flesh.  Splints were applied by Dr. Moncrief immediately after the accident, and the man was removed to the General Hospital where he lingered from Monday, until Wednesday when he expired.  The Jury returned a verdict of accidental death by the explosion of a vein of gunpowder used to blast rock on Goat Island.


THE AUSTRALIAN, Friday 30 August 1833

John Monaghan, who was the informer on the trial of Lucas, for the murder of Robert Watersworth, a Parramatta constable, and for which he received a free pardon, and a passage to England, has been again transported to this Colony.  A penal settlement is the proper place for the future residence of an incorrigible offender like this man.


R v Smith [1833] NSWSupC 84


The Sydney Monitor, Wednesday 4 September 1833

ATROCIOUS MURDER.---On Tuesday last, a working man named CARR, residing at Parramatta, discharged the amount of his lodgings, stating, that he was going into the country to fence.  He hired a cart from Mr. Hodges, Inn-keeper, and got two of his neighbours to assist him to put his things into it, amongst which was a cask headed up, and which he stated, contained salted beef.  It being late when the cart was loaded, he remained Tuesday night at Mr. Hodges' Inn, the things remaining in the cart in the yard.  On Wednesday morning he started, and was seen going a long the Sydney road, and near to Bates's farm.  He returned with the empty cart on Wednesday, and discharged it, and has not been seen since.  His wife had not been seen for a day or two previously to this.  On the Friday, a lad named Fulliger, a resident at Parramatta, went into the Bush at Bates's Hill to get wood, and found the body of a woman in the hollow of a stump, covered over with boughs.  The body was naked, and the face so disfigured, as to render identity impossible.  Near to the body was found an old blanket, a gown, and some other articles.  The gown and ring upon the deceased's finger are sworn to as having been Carr's wife's, and the body is supposed to be that of Mrs. Carr herself---The body was doubled up, as though it had been compressed into some vessel like a cask.  Carr has not yet been apprehended, but the Police are in search of him.  A Coroner's Inquest sat on view of the body on Saturday, and at 10 o'clock at night, the court was adjourned until Monday.


The Sydney Monitor, Wednesday 11 September 1833

A Coroner's Inquest was held on the body of a seaman named Cacklin, who fell overboard at the Market Wharf.  Verdict---Accidentally Drowned.


The Sydney Monitor, Wednesday 25 September 1833

On Sunday last, two seamen of the Bussorah Merchant, with two of the free emigrant females who arrived in that vessel, went a boating; when off Rushcutter's bay, the boat capsized, and the whole four were drowned.  The boat has been picked up by the police. [See 2 October below.]

CORONER'S INQUEST.---On Saturday last, an Inquest was held at the Ship Inn, on the Parramatta Road, on the body of a prisoner of the crown, named James Curtis, attached to No. 7 Road Gang, who on the morning of that day dropped down and expired.  It appeared that he had been for some months labouring under a pulmonary complaint.  The jury in consequence returned a verdict of "Died by the Visitation of God."


The Sydney Monitor, Wednesday 2 October 1833

On Monday last, an Inquest was held at the "Bunch of Grapes" public-house, Pitt-street, on the body of Mr. Robert Maitland, of King-street, ironmonger, who died suddenly at his residence on that morning.  It appeared that the deceased had laboured under mental aberration for some weeks past, induced by failures in trade.  Whilst in this state, he drank large quantities of spirits, and abstained from any kind of sustenance for days together.  On Friday last he was absent from home all day, and returned on Saturday, when he appeared to be suffering great bodily as well as mental pain.  He went to bed and complained of pain on his side, but refused medical advice; on Saturday evening he was evidently worse, and the attendant having left a candle burning on the table near the bed, left him to procure some gruel; hearing deceased's footsteps overhead, the attendant ran up and saw the deceased had set fire to the window curtains; deceased turned to the attendant, who was tearing down the curtains, and said, "that's a good fire," and smiled.  During the night, he was up several times, and appeared strong though ill; Doctor Bland was sent for, who prescribed for him, but stated to the attendant, that he did not think the deceased would live till morning.  Between five and six o'clock, the attendant again heard deceased's footsteps, and ran up; as he entered the room, deceased sat down on the side of the bed, fell back and died without uttering a word.  Doctor Bland certified, that the deceased had died from exhaustion; and the Jury returned a verdict of "died by the visitation of God."

Last week, a man rode into Mr. Town's yard at Richmond, and spoke to the persons who were standing by; the ostler went into the stable a short time afterwards, and found the deceased lying under the horse, dead. It appeared that he was in the act of ungirthing the saddle, when he fell and expired.

On Thursday an Inquest was convened at the Cross Keys, Elizabeth Street, on the bodies of Elizabeth Bryan and Richard Owen, two of the four that were drowned on Sunday last.  A man named Elliott, who was in the boat at the time, deposed, that they were returning from the Heads, with the intention of landing at Rushcutter's Bay to take some refreshments, when the boat was capsized by a sudden squall, and the sheet being made, she almost immediately went down; witness said, he made every exertion to save the parties, but without effect, and he finally made to the shore, which was distant about a quarter of a mile.  The Jury returned a verdict of---Accidentally Drowned.

On Friday another Inquest was held at the same place, on the bodies of Sophia Cutter and Henry Alexander, two of the other sufferers.---Similar evidence was given, and a verdict returned as in the former case.

The same day an Inquest was held at the Royal Oak, George Street, on the body of Mary Harrington, who died suddenly the previous evening, about eight o'clock.  From some circumstances that were spoken of, it was at first considered that deceased had not fairly come to her death; but on Dr. Bland having been sent for to examine the body, he gave it as his opinion, that the deceased had met her death in a natural way.  The Jury returned a verdict of---Died by the visitation of God.


The Sydney Monitor, 5 October 1833

Yesterday an Inquest was held at the Welsh Harp George-street, on the body of Francis Johnson, a hired servant of Mr. Fagan's, a brewer in the same street, who had been occupied on a small stage which surrounds the brewing copper. Pressing some hops in a cask, when he suddenly sank down and fell into a cooler, not more than five feet, but received so severe an injury on the head, that he immediately expired.  Mr. Hosking was of opinion, that the concussion on the brain occasioned death.  A verdict to that effect was returned.

Another Inquest was held at the Cat and Mutton, Kent-street, on the body of Jean Rodolphe Roerig, a native of Germany, who had, in a fit of insanity, swallowed an ounce and a half of arsenic in a glass of wine.  It appeared on the evidence of Mr. Rhodius the artist, that the deceased had sustained some very heavy losses while in the Brazils, that he came thence to this Colony about 12 months since, in hopes of retrieving his fortunes, but experienced great disappointment, which operated on his mind so forcibly, as to occasion the rash act. The Jury returned-"died in consequence of having taken poison while in a state of mental aberration."


The Sydney Monitor, Wednesday 16 October 1833

CORONER'S INQUEST.---On Saturday last, an Inquest was held at the Wheat Sheaf, on the Parramatta Road, on the body of a man, named Richard Whyte, who had been admitted, some days previously, into the Benevolent Asylum, and died about ten o'clock on Saturday morning.  It appeared that he had been living on the Brickfield Hill, and was in the habit of going to the house of one Richard Carter, opposite his residence.  On the night in question, the son of Carter had come to his father's house at a late hour, and endeavoured forcibly to obtain admission at the front door; in this he was foiled, but he contrived to gain admission at the back of the house.  Upon getting in, he retired to the front room, in which his father and the deceased were in their beds; he seized the latter (who was 68 years of age) by the collar, dragged him out of bed with great violence, threw him on the ground, and with his knees and all his force, jumped on his belly, having previously kicked him three or four times.  The old man was subsequently taken to the Asylum, where he lingered in great pain until Saturday, and then expired.  After a minute investigation, which lasted from half-past twelve o'clock, until a late hour in the evening, the Jury returned a verdict of wilful murder against Wm. Carter, Junr.  The culprit, who is a prisoner of the crown, and about twenty-eight years of age, absconded, and no tidings have, as yet, been heard of him.

On Monday morning last, Mr. Bates, Junr with two of his Government servants, started in a boat from his farm at Middle Harbour to come to Sydney.  About ten o'clock, when off the Bottle and Glass, a sudden gust of wind capsized the boat.  The two Government men were drowned, with scarcely a struggle, and Mr. Bastes, who is an expert swimmer, was picked up by the Elizabeth's boat in a state of exhaustion, after having swum a great distance.  The bodies of the men were afterwards picked up, and an inquest held on them, when a verdict of accidentally drowned was returned.


THE AUSTRALIAN, Friday 18 October 1833

On Monday afternoon as Mr. Bates was returning in a boat, accompanied by two men, from his farm at Middle Harbour, a sudden squall caused her to keel over; she filled, and immediately went down.  The men sunk to rise no more.  Mr. Bates, after a hard struggle for his life, was picked up by one of the pilot boats, which put off directly upon observing the accident.

On Thursday, a young man named Richard Carter, was fully committed to Sydney gaol, to take his trial for the murder of Richard Whyte.  It appeared, that on the Saturday previous, Carter returned to his father's house late at night; having obtained admittance, he pulled the deceased, who is sixty-eight years of age, out of bed, and beat and kicked him severely; from the injuries he received, he lingered until Sunday morning, when he expired.

On Monday morning, a man in the employ of Mr. James Underwood, on the South Head Road, was discovered to have suspended himself by the neck in an out-house.  When cut down, he was quite dead.


The Sydney Monitor, Wednesday 23 October 1833


A settler's horse having run off from the door of Mr. Mann, on the Parramatta Road, the owner, named Halyard, ran after it, but on overtaking it fell, when the wheels passed over his body and broke his ribs.  He died shortly afterwards.  An inquest was held on his body next day; verdict---accidental death.


The Sydney Monitor, Saturday 26 October 1833

On Wednesday an Inquest was held at the King's Head, Harrington Street, on the body of John Pigott, one of the unfortunate men who was drowned  by the accidental capsizing of a boat laden with four tons of shells, off Bradley's Head on the 14th Instant.  The body was picked up by the Revenue Cutter, on Tuesday afternoon, and conveyed to the Dock Yard.  It was in a mutilated state, having been long in the water.  The Jury returned---"Accidentally drowned."


THE AUSTRALIAN, Friday 28 October 1833

On Friday a man named William Higgins fell from the steps of a house in Cumberland-street; his chin coming in contact with a salt beef cask his neck was dislocated, and he expired immediately.  An Inquest was held upon the body, and a verdict of Accidental Death returned.

CORONER'S INQUEST.---Yesterday an inquest was held, at the Bricklayer's Arms, Market-street, on the body of a man found drowned near Mrs. Macquarie's Chair.  No evidence could be produced as to the name of the deceased, who appeared to be about 40 years of age---was rather shabbily dressed, with boots of cloth and leather---and is supposed to have been a pensioner.,  There were no marks of violence on the body.  Verdict---"Found drowned."


The Sydney Monitor, Saturday 9 November 1833

Yesterday, an Inquest was held at the Star Inn, Kent-street, on the body of Robert Collins, an Emigrant, residing with his wife and four children in that street, and who had been in the colony six months.  It appeared in evidence, that he had procured 2 oz. of laudanum, went home to his bed, and swallowed the draught during the absence of his wife.  His son, a boy of 14 years old, slept in the same room; and yesterday morning between 7 and 8 o'clock, perceived that his parent was on the point of death; he soon afterwards expired.  The unfortunate man had long been struggling with poverty and disappointment; and on Monday last, at Parramatta, had been robbed of a case containing musical instruments, worth fifteen pounds (he occasionally acted as a musician).  This loss, with other disappointments, rendered him frantic; and on his return home last Wednesday, he betrayed symptoms of insanity.  The Jury, after due deliberation, returned a verdict of---"destroyed himself by poison, in a fit of temporary insanity."


THE AUSTRALIAN, Monday 11 November 1833

CORONER'S INQUEST.---On Friday an Inquest was held at the Star, in Kent-street, on the body of Robert Collins, an emigrant.  It appeared that the deceased had fallen into a state of despondency, from being in embarrassed circumstances, which caused him to take two ounces of laudanum, thereby causing his death.  The Jury returned a verdict of insanity.


R v Smith and others [1833] NSWSupC 100


R v Finney [1833] NSWSupC 103


THE AUSTRALIAN, Monday 18 November 1833





SATURDAY.---Before Mr. Justice Dowling and a Military Jury.

William Carter was indicted for the wilful murder of Richard White, at Sydney, on the 18th day of September last, by kicking him on the body, and otherwise injuring him, so as to cause his death.

The Attorney General shortly stated the nature of the charge, and proceeded to call witnesses:

Alexander Cuthill---I am a Surgeon of the Benevolent Asylum.  The deceased came to the Asylum of the 25th September, and was under my particular charge until the 1st October.  He complained of a violent pain in his bowels, and also of a hurt he had received by a wheel barrow.  I examined him, and have no doubt one of the internal arteries was injured from external pressure.  There appeared also a mark on the left thigh, evidently done by a kick.  It was a bruise.  I give it as my opinion that the injury received by the deceased was from the kick of a man.  Dr. Bland attended the deceased from the 1st October until he died, which was on the 5th of that month.

William Bland, Esq.---The deceased died from escape of urine, under the cellular substance of the perineum, and of the right side of the abdomen, in consequence of rupture of the membranous part of the urethra, which appeared to be caused by the retention of the urine for a considerable length of time.  On examination after death the kidneys were found to be affected with slight chronic disease, and the bladder was also somewhat morbidly thickened, and from the state of the bladder I have reason to suppose the deceased laboured under stricture.  From the general thickening of the coats of the bladder, I account for the circumstance of the membranous parts of the urethra having become perforated rather than the bladder itself, by the pressure of the retained urine, the bladder generally on those occasions being the part that yields to such pressure.  I am thus particular, in order to make the case fully understood in justice to the prisoner, inasmuch as I am of opinion that although the imputed blow was most probably the individual cause of death, that timely surgical aid would have prevented the escape of the urine before described, and consequently the fatal result.  I saw no marks of particular violence on the deceased, except an abrasion  of the cuticle on the left thigh.  I am of opinion that the injury which caused the mischief might not have been excessive, and might have been inflicted without any expectation of its producing the fatal result, or even any grievous bodily harm, particularly from such a person as the prisoner appears to be.

Richard Carter---I am a baker.  I live on Brickfield Hill.  I know Richard White.  He used to be along with me.  He died in the poor house.---He was in my house the time he received his death blows.  The prisoner took him by the collar of his shirt, threw him down, and jumped upon him with his knees.  This took place in my house.  Deceased at this time was lying on his own bed by the side of the fire close to me.  My wife was there.  When we went to bed the prisoner was not there.  He came and knocked at the door, and I told him to go to his master.  When he knocked at the door I told him to go about his business.  There was no use knocking then.  I can't say how long it was after that when he came in.  I cannot tell how he got in.  He kicked deceased, and jumped upon him afterwards.  White was lying down when he kicked him.  I can't say what part of his person he kicked him on, although there was a light in the room.  The old man did not say or do anything to the prisoner before that.  I said to the prisoner don't kill the old man.  My wife said so to.  The prisoner said the old man had been scandalising him about the camp about a robbery.---The prisoner was sober at the time.  I am the prisoner's father.  At this time he did not live with me.  He wanted to live with me.  I told him I had been disappointed by letting him in before,, and he must take up his residence from whence he came.  I have been a prisoner, and am now free.  The prisoner also came out in bondage.  He was very violent when he beat the old man.  The deceased was about 69 years of age.  He was a very weak old man.  He was troubled with a rupture.  The deceased complained after of being very much hurt.  On the following morning he said I will take my bed over to Billy Davis's, for I am a murdered man.  He went over there in the morning, and took his bed with him.

Cross-examined by Mr. Rowe---I can't exactly say whether the prisoner and deceased had any words together.  I heard White refuse the prisoner admittance.  I can't say whether the door was opened.  The door or the window were not opened inside by White or me.  The prisoner told White he would serve him out.  There were no angry words took place between the prisoner and deceased.  The angry words were caused between them in consequence of White refusing him admission.  White wanted to let him in, and I told him not.  In consequence of what I said, White refused to let him in.  The prisoner requested admission only once, to my house on that evening.  He got into the House in some manner or other, so as to kill poor old White.  He blamed White for not letting him in on that evening.  Prisoner told White he would serve him out.  I can't say whether prisoner was angry with White.  I can only say he was the man who got in to the house and murdered White.  Prisoner abused White when he got in.---he blamed him for reporting him through the camp for robbing me before this of 20 Pounds.  I was urged by my son to go to the Police Office, and prove that he had robbed me, but he was eventually discharged.  It was in the front room where the murder was done.  It was after twelve o'clock at night.

By the Court---What night in the week was this?  A. I'll be hanged if I know.

Re-examined by the Attorney General---I saw White after he went to the Hospital.  I went twice.  He could not speak.

Thomas Sparrow---I am servant to Wm. Davis.  He took his bed over to Curtis on the 19th Sept.  I saw him next day about half-past seven in the morning.  I saw him sitting in Davis's place.  I went home myself about 6 o'clock.  He was not there then.  When I came in and saw him, he was sitting on a sofa with his two elbows on his knees, and his hands on his face.  I asked him what was the matter.  He made no answer.  I saw the blood running down from under his waistcoat.  I asked him again what was the matter.  He said he was  ruined, and could tell me no more.  He stopt seven days at Davis's, and then went to the Asylum.  I saw him after he went to the Asylum.  I asked him then how he was.  He  said he was very poorly.  No medical man attended him at Davis's.  When there he was continually drinking water, and calling out for water.  I do now know whether he got any further injury during the time he was at Davis's.  I saw  him the day before he died.  I had known him about 14 years.  He got his living by making brooms.  I can't say how old he was.  I think upwards of 60.  I have heard him say he was very bad with a deuretiuc complaint.  He had complained of this of late.

Cross-examined by Mr. Rowe---He walked about for two or three days at Davis's.  I do not know of his having gone to Miller's Point.

Re-examined---I lodged with Davis.  He left Sydney about a fortnight ago.  I had then been served with a subpoena, which he knew.  He now lives at the Cowpastures, and has let his house.

Mr. Cuthill recalled---The deceased a day or two before his death sent for the Priest to confess.  It was three days after, Dr. Bland took his statement as to how he got hurt.

Richard Carter recalled, and examined by one of the Jury---I cannot say whether my son knew deceased was ruptured or not; but I say again, he was the occasion of his death.

By the Court---White was sober when he came to my house on the evening of the 18th September.  He had nothing to drink in my house.  I was sober.  White was not in the habit of drinking, as he had no money to pay for it.  His name was Richard White.

Cross-examined by Mr. Rowe---I am not in the habit of lying drunk for weeks together.  I was quite sober on the night in question.  I cannot swear what I had been drinking that night, but I was sober.  I had not taken a quart nor a pint.  I might have had 6 or 7 glasses.  I do not know if I had taken 10 glasses.  I swear I did not drink 10 glasses that night.  [Bering hard pressed by the learned counsel, it was evident this witness had drank so excessively, he had no recollection of it, and confounded himself.]

By the Court---I might have taken three glasses.

By Mr. Rowe---I cannot tell what quantity of rum I took that night.

The Court told the prisoner now was the time for his defence.

Prisoner---I know nothing at all of it.  I leave it to my counsel.  The following witnesses were then called by Mr. Rowe for the defence.

George Reynolds---I am a blacksmith, and live on the Brickfield-hill.  I came free.  I live opposite Richard Carter's.  I recollect White being ill-used at Carter's.  I saw the deceased the day after he was hurt.  I was with old Carter the night before at Mr. Brians's, on the Brickfield-hill.  It was about half-past seven when I left Mr. Brian's and went to my own shop.  When I left old Carter at Mr. Brian's, he was quite drunk, very much indeed.---He is always drunk.  I do not think he has had his senses for the last three years.  He drinks 12 or 14 glasses of rum neat before breakfast.  He is continually in liquor, and knocks up the neighbours two or three times in the evening to get rum.---I think when he went home he was that far gone he could not drink any more.  I did not see White intoxicated that evening.  The following day I saw White.  He made frequent complaints to me, when walking, of a pain in his inside.  Deceased got drunk once a week, generally on a Saturday when he sold his brooms.  He did not complain to me, when I saw him on the following day, of any body kicking him.  I have seen the prisoner at Carter's.  I never saw him very quarrelsome.  I know John Norman.  He eat and drank in Carter's house.

John Smith---I am a shoemaker.  I live in Elizabeth-street, and have known the prisoner for four years.  I have always known him to be a quiet man.  I never heard of his having words with any one.  When the prisoner was aware of the circumstance of the Coroner's Jury having returned a verdict of wilful murder, he went voluntarily and gave himself up.  Myself and prisoner's wife were aware of his having done so.  After prisoner had surrendered I went with his wife to old  Carter's, when old Carter said to me, "he would be hanged for having ill-used old White."  Old Carter was very drunk, and so was his wife.

Major Smeathman---I am the Coroner for the district of Sydney.  The prisoner came to me, and afterwards went and voluntarily surrendered himself to the Police.

Thomas Arnold---I am a baker, I know old Carter, I had some conversation with him in the early part of last month at Key's the bakers.  A party came in who had been present at the Coroner's inquest.  I told Carter he ought to be cautious what he stated from the state he had been in.  I mean the state of drunkenness, as I knew he had been drunk for ten days, having seen him so morning, noon, and night.  I have seen him drunk, at six o'clock in the morning.  I did not see him sober two days out of the fourteen, previous to this conversation.  When I told him to be cautious he said, what he said at the inquest he would stick to, for he would hang him (the prisoner) if he could.  After this he said "damn my eyes! I would sooner see him hanged than the greatest enemy I have." Keys and his wife were present.  I said you hear what this man says, and I shall certainly if it goes any further, make it my business to give evidence to this effect.

Cross-examined by the Attorney general---I can not say whether old Carter made use of such expressions with reference to the prisoner's having ill-used old White.  Old Carter told me that he was lying on the sofa drunk, on the evening White got hurt.

Re-examined---I saw Carter in the day time on which this happened.  He was completely drunk at three o'clock in the afternoon.

Mr. Bodenham.---I am an Auctioneer.  I know old Carter perfectly well, I have known him for four years.  I sold a property for him in George-street.  Old Carter is a notorious drunkard.

John Kets a Baker, corroborated the testimony of the witness Arnold to the fullest extent.

Mary Carter.---I am the wife of Richard Carter.  I am the prisoner's step-mother, I recollect the day that White left my house and went to Davis's.  I saw my husband the night before, he was half drunk.  White was sober.  I saw my husband about 9 o'clock, he lay on the sofa during the night.  I do not know the reason he did not come to bed that night.  He generally lies on the sofa when drunk.  I went to bed and fell asleep about nine o'clock, and I know nothing of him that evening afterwards.  He had been drunk for weeks before this; morning, noon, and night.  I never knew my husband have a bad feeling towards the prisoner.

By the Court---My husband is a confirmed drunkard.

Cross-examined by the Attorney General---I did not hear any thing of the row.  I had a glass or two of rum and slept very sound.

By the Court---I went to bed blind drunk.

By the Attorney General---I did not see my husband that night.

The Court---How could she, when she was blind drunk.

Re-examined---I went for spirits several times during the day.  We were drinking rum all day.  We might have drunk 3 or 4 pints.  When I went to bed I left my husband half and half.

Richard Phillips---I am a Publican in Kent-street.  I have known the prisoner for 6 months during that time I always considered him a mild young man.

Mr. Rowe here said he did not consider it necessary to call any more witnesses.

His Honor summed up, recapitulating the whole of the evidence; when the Jury, without retiring from the box, returned a verdict of Not Guilty, and the prisoner was immediately discharged by proclamation.

[This trial excited considerable interest, from the circumstance of the Father of the prisoner being the principal witness, and the Court was crowded to excess.  On the verdict being announced, a buzz of satisfaction ran the Court, who appeared horror struck at the malignant and diabolical feeling which actuated the Father both before and during the trial.  It was altogether an exhibition which, truly, for the honour of human nature, is seldom to be witnessed in a Court so generally depraved as this is.]


The Sydney Monitor, Wednesday 20 November 1833




Saturday, November 16th, before Mr. Justice Dowling and a military jury.

William Carter was indicted for the wilful murder of Richard White, by striking, &c., the said Richard White on the body, &c., and inflicting divers mortal wounds and bruises on the 18th of September, of which mortal wounds and bruises the said Richard White did linger and die on the 12th of October following.

In this case a material witness, John Davis, was not subpoenaed.  Affidavits were put in setting forth that due diligence was used to serve the subpoena but without success.  The principal witness in the case was Richard Carter, the prisoner's father, who deposed to having seen the prisoner beat the deceased on the night of the day laid in the information.  On his cross-examination, witness varied materially, and admitted that he might have drunk from 12 to 17 glasses of grog on the day on which the occurrence took place.  The prisoner's mother-in-law (wife of last witness), was also called, and knew nothing of the matter, having gone to bed on that day, to use her own expression, "blind drunk."  The prisoner had surrendered himself when he heard of the charge, and received an excellent character from several householders who had known him from his youth.  His Honor put the case to the jury, who without hesitation found a verdict of not guilty.  [Next column: We are astonished at old Carter, the baker, giving the evidence against his son which he did.  We attribute it to derangement.  We remember Carter and his wife when they were a most industrious couple; and when their cottage was a picture of English neatness.---The wife began to drink first.  The business suffered.  Carter drank through vexation at his wife; and now comes the catastrophe, of loss of patrimony to the son, and of natural affection, if not something worse, in the unhappy father.  Carter once was a good citizen as well as a sane one.]

[??? Inquest at the Loggerheads public house?? Sunday last.]


R v Carter [1833] NSWSupC 104


THE AUSTRALIAN, Friday 22 November 1833

A female named Conron, residing in George-street, Parramatta, was on Monday last found dead in her own house.  From appearances it was supposed she had been strangled.  A Coroner's Inquest was convened on the body, whose verdict we have not been able to ascertain.


The Sydney Monitor, Saturday 23 November 1833



[The inquest which sat on the body of the bushranger, have returned a verdict of "Justifiable Homicide;" strange to say, our letters do not mention the name of the person who killed him.  Continues with comments about this affair and reactions.]


THE AUSTRALIAN, Monday 25 November 1833

A reward of 20 Pounds has been offered by Mr. Ellison, of Parramatta, for the discovery of the murderer of a female named Martha Condron, who was found dead in her house on Monday last.  It was evident the deceased had been strangled, and a Coroner's Jury, impannelled on the occasion, returned a verdict of wilful murder against some persons unknown.


The Sydney Monitor, Wednesday 27 November 1833



WHEREAS as Coroner's Inquest has returned a verdict of WILFUL MURDER against some Person or persons unknown, in the case of the above-named individual. ...


THE AUSTRALIAN, Friday 29 November 1833

A person named Edward Breenand was fully committed by the Parramatta Bench, on Wednesday last, to take his trial as principal in the murder of the late Martha Condron; two females have also been remanded for further examination, charged as accessaries to the murder.  We have received a detailed report of the Coroner's Inquest, but refrain from publishing it until after the trial.


THE AUSTRALIAN, Monday 2 December 1833

Burning of the Ann Jamison.

... The following is a correct List of the unfortunate sufferers, on this melancholy occasion:---William Gillespie, chief mate; John Black, carpenter; Thomas Thomas, cook; James Hardy, seaman; George Short, seaman; James Paton, seaman.

Neither of the bodies of the foregoing have been found; but it is supposed they are in the hold of the vessel.

William Wilson, a seaman, died shortly after being taken to the Hospital; a labourer, also, of the name of Shuttleworth, or "Jack Southwester" was found dead on the wharf, making a total of eight individuals, who have lost their lives; ...


On Saturday an inquest was held at the Currency Lass, Castlereagh-street, on the infant child of Frances Harold, a free woman servant to Mrs. Howell, the laundress of that street.  On Friday night, at a late hour, the mother, after a hard day's work, with the infant retired to bed, and slept profoundly.  About five o'clock next morning the mother was called to her work, and upon waking, found the child with its face downwards, and at the point of death.  Upon being taken up it expired.  Upon the examination of witnesses, it appeared the unfortunate mother was always attentively  fond of her child, and shewed every proper parental kindness towards her offspring.  The Jury returned a verdict that the infant was accidentally overlain by its mother.

Yesterday another Inquest was convened at Mr. Jennings's, of the Bricklayer's Arms, in Market-street, on view of the body of William Wilson, one of the seamen belonging to the brig Ann Jamison, who met his death in consequence of the unfortunate accident which occurred to that vessel on Saturday last.  The Jury, previous to examining witnesses, retired to the Hospital to view the bodies, which appeared very much burnt.  On their return they proceeded to examine witnesses.  The only witness examined was Mr. John Chastell, who said he was an officer of the Customs, and in the discharge of his duty, had been put on board the vessel in question.  His deposition was to the following effect:---

He was on the wharf when the accident took place; it was about a quarter before four o'clock; he had previously been on board the vessel; had come on shore about three minutes before he heard the explosion; when he was on board the men were employed hauling up hoop iron from the hold; told the chief officer he thought it was time for him to leave off work; went on shore for the purpose of ascertaining what the hour was; had not got the length of the Landing Waiter's Box on the wharf, when he heard the explosion; the Ann Jamison had 47 barrels of gunpowder on board when she arrived; some of the powder had escaped, and got among the iron hoops; the witness thought that in the act of hauling out the hoop iron, the powder had ignited, which was the cause of the accident which had occurred; recognizes one of the bodies he has seen lying dead at the Hospital to be that of Wm. Wilson, on whom this Inquest is now being held.  The witness frequently gave caution to the chief mate with regard to the powder being loose in the hold; this was done after witness was aware that one of the consignees of the powder had sent in  a bill to the Captain of 200lbs. weight being deficient in the quantity he ought to have received; the Captain had also stated to the chief mate that the powder must be somewhere in the hold, and to be very careful; there were also a quantity of steel along with the iron.  One of the Jury thought that the rubbing of the iron against the steel was most likely to have been the cause of the accident.---The Jury, after consulting a short time, returned the following verdict---The deceased met his death accidentally in consequence of the explosion on board the brig Ann Jamison, lying alongside the King's Wharf.

Another Inquest was then held on the body of Jack Silvester, or Jack Southwester, who met his death at the same time, and under the same circumstances.  The evidence was precisely the same as in the other case, and the Jury returned a similar verdict---the Jury remarking that they could not help saying there was some neglect on the part of the Customs, in not having taken care that the powder was removed from the vessel, particularly as it appeared from the evidence of one of their own officers, that he was aware of the circumstance, thereby not only endangering the lives of His Majesty's subjects, but also the destruction of the valuable surrounding property.


The Sydney Monitor, Wednesday 4 December 1833

A Coroner's Inquest took place on Sunday, at the Bricklayer's Arms, Market-street, on the two men who the day before lost their lives by the explosion of the brig "Ann Jameson." [See preceding columns.] It appeared the first man conveyed to the General Hospital was a labourer, known by the appellation of Jack Southwester, or Silvester.  Upon his arrival, he appeared so injured as to baffle all medical aid.  He expired in about twenty minutes.  The other, a mariner, belonging to the said brig, named William Wilson, was also conveyed to the hospital about ten minutes after the first, but upon his arrival life had become extinct from the severity of the injuries he had sustained.  After hearing evidence, the Jury were of opinion that neglect had somewhere existed, and this conviction on their minds called forth severe censure from them.  After a minute investigation, the Jury returned a verdict---"that the two deceased persons met their death ion consequence of an explosion which took place on board the brig Ann Jameson from loose gunpowder."




On MONDAY, the 18th of November, a Coroner's Inquest was held, at Mr. Armstrong's, licensed victualler, on the body of an aged female, a Mrs. Martha Condron, a brief account of which is as follows:---

[2 columns, also page 3.]

The infant child of one Francis Harold, was found by its mother, on awakening from sleep, on Friday night, at the point of death, and expired almost immediately.  The unhappy mother had lain on it, and thus the little innocent died through suffocation.  A verdict to that effect was returned by an Inquest held on the body.


The Sydney Monitor, Saturday 7 December 1833

CORONER'S INQUEST.---An inquest assembled on Wednesday last, at the sign of the Rum Puncheon, King's Wharf, and thence proceeded to the North Shore in two boats, to view the remains of a person which had been deposited there by the tide the previous night.  The head, arms, left leg and thigh were gone, and the bowels obtruded from a wound in the right side; the back was one continued black cinder, and in many places recent blisters were evident.  The Coroner and Jury returned to Sydney, and after the examination of the only witness, Mr. Chastel, of the Customs, the Jury returned a verdict to the following effect,---"that they were of opinion, the remains seen by them this day on the North Shore, were those of one of the unfortunate suffers by the explosion of the Ann Jamieson brig, in this harbour."


BATHURST, DEC. 2, 1833.---About 2 o'clock on the morning of Saturday last, a bushranger arrived breathless at the quarters of the officer commanding the Mounted police, and reported, that murder was then in the act of perpetration within a mile and a-half of the settlement.  Lieutenant Farley, with two of the Mounted Policemen, instantly proceeded to the spot, and found the bodies of a young emigrant named John Walters, and his servant, an aged man, who resided on Major General Stewart's estate, in a mutilated state, but warm, with a stream of blood surrounding them, and three convicts (who lived on the contiguous farm) in the act of removing the property of the deceased.  Walters had received a shot through the back, and his head as well as that of his servant, exhibited innumerable fractures inflicted with an iron weapon used by Splitters, called a throw, which was found under the prisoners' bed covered with blood and grey hairs.  The inhuman wretches, Cavenagh, Chesterfield, and Sargeant, with an accomplice named Farrell, were all apprehended.  A Coroner's Inquest was assembled and sat for two days, when a verdict of Wilful Murder was pronounced against the whole of them.  Application has been made to the Governor by the inhabitants collectively, to order the execution of the murderers on the spot, as a warning to others.


THE AUSTRALIAN, Monday 9 December 1833

Two more bodies were brought on shore from the Ann Jamison on Friday last, but so dreadfully mangled as not to be recognized.  An Inquest has been held upon them, which will be found in another part of our paper.

On the 16th October, a person of the name of William Hill, a carpenter residing at Bathurst, left his house for the purpose of proceeding to the residence of the Rev. Mr. Keane, in that district,---half an hour after his leaving Gouldsby's, his horse, saddle, and bridle were found, without the rider, of whom no traces have been discovered, and strong suspicion exists that he has been murdered.  A reward of 50 Pounds has been offered by the Government in Wednesday's Gazette, for the apprehension of the perpetrators.

An Inquest proceeded to the North Shore, on Wednesday, 4th inst. to view the remains of one of the unfortunate sufferers on board the Ann Jamison brig.  The body exhibited a dreadful appearance, the head was literally blown off, both arms and the left leg were also gone, and the intestines protruded from the right side.  The whole of the back had the appearance of being recently burned, and many blisters were evident.  The Jury and Coroner returned to Sydney, and the verdict, after the examination of Mr. Chastell of the Customs, was, this Jury are of opinion the remains seen by them this day on the North Shore, are those of one of the unfortunate sufferers by the explosion of the Ann Jamison brig, in this port.


The Sydney Monitor, Wednesday 11 December 1833


On Friday, an inquest was held at the Red Bull, King-street, on the body of an old man, who had pursued the avocation of Bell-man of late years, named Andrew M'Kelo, and who was unfortunately killed, nearly opposite to the residence of Mr. Solicitor Moore on Thursday, by the barouche of Mr. Plunkett, His Majesty's Solicitor General.---It appeared from the evidence produced that the horses in turning quickly at the corner of George and King-street, came in contact with the deceased whilst sitting on a wheelbarrow, and the carriage wheels went over his body.  Mr. Rodd, who saw the occurrence, stated, that the foot man of Mr. Plunkett, who drove the horses, did not appear to possess a thorough command of them,---they were particularly restive;---evidently not in the habit of drawing in the same vehicle.  They were the property of Captain Wilson, the Police Magistrate, and had been lent to Mr. Plunkett on that day.  The footman was perfectly sober; and altho' his conduct was no doubt reprehensible, still, the occurrence appeared to have been purely accidental; and the Jury returned a verdict to that effect; with a deodand of 40s., on the carriage and horses.

Another Inquest was held on Saturday, at the Rum Puncheon, King's Wharf, on the mutilated remains of two of those persons who had fallen victim to the flames on the burning of the Ann Jameson.  They had been dragged on the morning out of that unfortunate vessel; but in such a condition as to defy the possibility of recognition.  The Jury after inspecting their remains, returned a verdict---Accidental Death.


THE AUSTRALIAN, Friday 13 December 1833

A seaman belonging to the Lonach was unfortunately drowned on Sunday last, alongside of Messrs. Aspinall and Co.'s Wharf.  His body has not yet been  found.

On Sunday morning, the 1st instant, about two o'clock, a most dreadful murder for the sake of plunder, was committed in the neighbourhood of Bathurst.  About one o'clock a bushranger came into Bathurst in a breathless state of haste, and gave information to the Mounted Police, that a most diabolical murder was in the course of being perpetrated within a mile and a half of the settlement.  When Lieutenant Daley, accompanied by a few mounted policemen, proceeded to the spot, where they found a person lately come out as an emigrant, of the name of John Walters, a young man, and his servant, an aged ,man, in a state, as if they had recently been murdered.-From the information received from the bushranger, they were not long in apprehending three men and an accomplice, upon whom they found a quantity of property belonging to the deceased.  It appears the bushranger who had for some time been associated with the parties apprehended, although he had no objection to rob, would not murder, which was the reason of his coming into Bathurst, and giving the information he did.  A Coroner's Inquest has sat on the bodies, and a verdict of wilful murder has been returned against three men, of the names of Cavenagh, Chesterfield, and Sargeant, and an accomplice of the name of Farrell, and we learn they have been brought to town for the purpose of being tried. 


THE AUSTRALIAN, Friday 20 December 1833

Yesterday a man [John Dillon], while bathing on the Domain side of the Cove, was unfortunately drowned.---His body has been found and brought on shore.  It is understood he was a tailor belonging to the Military Barracks.


The Sydney Monitor, Saturday 21 December 1833


An Inquest was held on Tuesday last, at the Rum Puncheon public house, King's Wharf, on the body of John Dillon, a tailor in the employ of Government.  The deceased, in company with another Government man, went into the Domain to bathe.  Being no swimmer, he tied his braces and pocket handkerchief to his waist, which his companion on shore held.  Deceased plunged into the water, and dragged his companion with him from the rock on which he was standing.  Deceased grappled with his companion in the water, and nearly drowned him; the latter with difficulty extricated himself and made for the shore.  Deceased immediately went down.---Verdict, accidental death.

An Inquest was held on Friday last, at The Princess Charlotte public house, in York-street, on the body of a seaman named Charles Gould, who came by his death as follows.  On Thursday morning about 3 o'clock, Chapman the constable arrested the deceased, supposing him to be the runaway from V D Land, who escaped from the Caernarvon whaler on Tuesday last.  Deceased was conveyed to No. 5 watch house, and was taken thence to Hyde Park Barracks to be identified, and afterwards returned to the watch house.  The deceased was sober; after being confined the second time in the watch house, he was taken ill, and lay down on the floor.  He groaned much, and on information being given to the constable, he sent for Dr. Bland; but before he arrived, deceased was a corpse.  Dr. B. examined the body, and gave his opinion that the deceased came to his death by a determination of blood to the brain, which brought on apoplexy.---Verdict---Died by the visitation of God.


THE AUSTRALIAN, Monday 30 December 1833

A most serious affray took place on Wednesday, (Christmas day) at the "Spinning Wheel" public house, not far from the Parramatta Road, between a party of Irishmen who had been drinking there together, in which one man named John Hughes, lost his life, and another was so seriously injured, as to be conveyed to the Hospital in Sydney, and we learn has since expired.  The landlord of the house in question, (who has had his head severely cut) and several others concerned in the affray are in custody; an Inquest sat at 11 o'clock yesterday.  A verdict of wilful murder was returned against James Shiels, alias Tommy the Piper, and Edward Carroll who were committed to gaol, the Jury were also of opinion, that William Fitzgerald had aided and abetted the other two persons, in committing the murder, and the coroner issued his warrant to apprehend him.

On Saturday, William Fitzgerald the landlord and four others named Michael Quigly, Edward Lynch, Henry O'Brien, and Stephen Fitzgerald concerned in the outrage were brought up at the Police office, and their case underwent a long examination before Colonel Wilson and Mr. Windeyer.  Several witnesses were examined, there were two men with their heads bound up, one of whom essayed twice to give his evidence but was so weak, he was obliged to be led away.  In the present stage of the examinations we forbear communicating any thing that transpired at the Police Office.  The prisoners are remanded to the Jail for three days when they will be again put to the Bar.

[Follow-up story about R. Carter, father of Wm. Carter, tried for the murder of R. White.  Father attacked and rescued by neighbour named keys.]

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