ms 3251 1837-1851 box 2 vol 5

 

Echoes of Bushranging  Days in Van Diemen’s Land: Brady, McCabe, Perry, Geffreys  and Britton
1837 – 1851  box 2 vol 5
National Library of Australia Manuscript collection MS3251

TRANSCRIPT FOLLOWING:

ms 3251 1837-51 cover

mary_briggs_p40_200_1837-51

MS 3251  1837-1851  box 2 vol 5  pp41-56

 

p1

Police Office Hobart?

28th January 1837

Memorandum

The Chief Police Magistrate has? To direct the attention of MC Friend Esq of George Town to the Circular from this Office under date the 16th instant forwarding copy f the Attorney General’s letter suggesting that Magistrates should mark on the margin of the conviction the statute and section .

MC Friend Esq JP

George Town

P2

Under which such convictions were placed, as by the weekly returns of Magisterial Duties last received no attention appears to have been paid to the direction therein contained.

As there is no natural? Colum in the printed form of return of Magisterial Duties nor in use – this information can be inserted immediately under the sentence.

P3

Le PMe

28th Jany 1837

Calling Mr Friend’s attention to the circular of the 6th instant abt nothing upon the margin of the conviction the statute and act under which the conviction took place.

P4

Police Office Hobart

27th May  [1836]

My Dear Sir

From information which I have received I think it is probable that Hunt The Bushranger will make for George Town for the purpose of endeavouring to effect an escape to Port Phillip – I send you a description of this man and trust that most risslant?? Measures will be adopted by you.

MC Friend Esq

P5

To prevent his carrying his intentions out.

Believe me my dear sir

Yours very truly

W Touter? (signed)

Le PMe 27th May ‘36

Abt  Hunt the Bushranger to keep a good look out for him in the Port Phillip vessels.

Fn re: CAPTURE OF HUNT the BUSHRANGER  caught 18 June 1836 [i]

P6  fn SNAKES  [ii]

The Chief Police Magistrate sends his compliments to the Resident  Magistrate at George Town and requests the favor of his instructing his constables to kill and collect all the snakes they can in their rambles on duty and forward the same to the Chief Police Magistrate for the purpose of a Public Collection.

Police Office Hobart

28th March 1837

MC Friend Esq JP

Resident Magistrate

George Town

P7

Memo CPM

Hbt giving orders to the constables to collect snakes in their rambles

P8

Memo

Will the Resident Magistrate at George Town have the goodness to take the recognizance referred to in Mr Champ’s letter

John? returned?

JC

26th Jany 37

Launceston

P9 [1837 in grey pencil]

The District Police Magistrate presents his compliments to Mr Friend and begs to observe that the wither? Form is not required at this office – but should have been forwarded as Returns of the Same Kind have been sent to me.??  The quarterly returns are? The one alone required by the CPM.

JW Forster takes the liberty of observing that it appears that five less? Fines have been remitted without competent authority – a Magistrate cannot remit a fine.

MC Friend Esq JP

P10

Or any portion thereof – and fines for drunkenness should be enforced as much  as possible – and all process should be pass? ?? before signed.

Wit

Police Office Hobart

17th January 1837

p11

My dear Sir

[left margin:

Joseph Barker

965

Lord Hungerford

John Jackson

Same ship]

The two men named in the margin /emancipists/ have obtained the permission of the Government to proceed to Port Phillip Captain Swanston in whose service they are has entered into the necessary bond there, but I omitted to take their own recognizance, will you oblige me by making them enter into a bond of £100 each for their appearance here in twelve months from this date.

Believe me Yours

M? Champ

C.Clarke Esq

P12

Jany 6th 1837

The District Police magistrate

Hobart

Calling upon Mr Friend to take the recognizance of Joseph Barker and John Jackson.

P13

17th January 1837

C PM

CPM

Magistrates cannot remit fines

P14

Dear Sir

Finding it quite impossible to perform efficiently the duties of a Magistrate in this remote neighbourhood without a Police Constable, I wish to request you, as acting Police Magistrate of this district, to cause a Police constable immediately to be stationed at my residence.

I remain

Yours &c & c

HG Wilmore

To

MC Friend Esq

Acting Police Magistrate

George Town

P15

I beg to bring this letter under the notice of the Chief Police Magistrate from the accumulated duty of the Police at this station/ from the increased trade to Port Phillip & searching vessels/ we cannot comply with Mr Wilmore’s request though I consider it highly desirable he should have such assistance

Mat Curling Friend

Geo Town

Apr 11 1837

Sent to Mr Wilmore for his information – to be returned to this office – MCF

George Town

May 14 1837

P16

Will Mr Friend be so good as to inform me whether Mr Wilmore resides on the East or West bank of the Tamar – if on the latter he is in Mr Clark’s district.

MT?

18th April ‘37

MC Friend Esq  JP

Ger Town

Mr Wilmore resides on the west bank of the Tamar

Mat Curling Friend

April 23 1837

12 April

Le PM

As soon as the Morven Police is down sized? More protection will be afforded to the west bank of the Tamar.

P17 [back of p16]

Referred  for the opinion of the Police Magistrate Launceston

MT?

25th April 1837

The Police Magistrate

Launceston

Two constables are stationed at the Supply Mill whose orders are to visit every house & hut between Mr Wilmore’s & B.Surridge’s on the West Bank of the Tamar at least once in every week. I request that the means at my disposal will not allow me to comply soley? With Mr Wilmore’s wishes

JL

9th Mary 1837

Mr Wilmore’s being within 7 miles of George Town it would in my opinion be desirable to render it as belonging to the George Town District.

J.C.

So soon as the intended Police District of Morven is averaged? Mr Clark’s Police force will be increased – and then further protection will be requested to the Western Bank of the Tamar.

W.Fowler?

12th May 1837

MC Friend Esq  JP

“”   “”

George Town

P18

Memorandum

With reference to the sentence passed on W ?  Commaney ?  Free by M  C  Friend and W? Arthur Esq  ?? The Chief Police Magistrate has been directed to observe that the Sentence in question is illegal – as the act and section noted? In the Return.

MC Friend Esq  JP

George Town

P19 [back on p18]

Of Magesterial Duties in which this case is reported pres? No such power is / appears to have been exercised by the Magistrates.

MT?

Police Office, Hobart

2nd May 1837

p20

May 9th 1837

CPM

Calling Mr Friend’s attention to the sentence passed on H Ominany ? for an assault

P21

Police Office, Hobart

19th May 1837

My Dear sir,

The Lieutenant Governor has called for the Report of the trce?  Of the man which was transmitted to you on the 2d instant I should therefore feel obliged if you would let me know your observations thereon as soon as possible – Believe me My dear sir

Yours very truly

M. Toutez?

MC Friend Esq JP

P22

19th May 1837

CPM

Calling for Mr Friend’s observations in the case of Woodhouse working in the Hospital.

P23

Police Office, Hobart

27th May 1837

Sir,

Having submitted your observations upon Mr Houghton’s communication under date 1st inst. Respecting his assigned servant Francis Woodhouse  [7th May 37 – in left margin] I have been directed to acquaint you that the employment of this man in the Hospital Garden he being then in a state

MCFriend Esq JP

George Town

P24

Of convalescence and not fit to be sent according to his sentence, was in His Excellency’s opinion judicious and proper.

The Lieutenant Governor has also observed that Mr Houghton ought not to have employed his assigned servant in the way he did on a Sunday such employment not being in case of necessity, neither ought the servant to have been refused a pass by his master, and his Excellency considers that the Magistrates decided very correctly in only reprimanding the servant for his reply to his master, which however might

P25

Have been too hasty.

I have the honor to be

Sir

Your very obedient humble servant

M Touter? Coen?

P26

[date unclear]

CPM

The Lieutenant Governor approves of the Magistrate’s decision in the case of Francis Woodhouse and James Kiely (Keely?)

P27

Memo

Forward to the resident Magistrate George Town whose attention is particularly directed t the alteration made on the enclosed form and it is requested that he will cause the similar forms in his office to be corrected accordingly

HT?

Police office  Hobart

13th June 1837

The Resident Magistrate

George Town

P28

Blank form

WEEKLY SUMMARY OF EACH DESCRIPTION OF OFFENCE COMMITTED

14 DIFFERENT POTENTIAL OFFENCES

P29 [BACK OF FORM]

Weekly return of offences and punishments in the District of

From the        to the          183_

Free/Bond

P30

The Chief Police Magistrate presents his compliments to Lieutenant Friend and begs to transmit the enclosed forms, with a request, that they may be correctly filled  up and then returned to this office as soon as possible.

Police Office, Hobart

25th July 1837

to MC Friend Esq JP

George Town

P31

26th July 1837

CPM

To fill up returns of πris? Of provisions and  Labour in George Town District

P32

Police Office Hobart

17th July 1837

My Dear Sir,

With reference to your letter under date 8th instant respecting Mr Nihill I should certainly think the most advise is I’II? Craise?  Would be to place the men on their trial for prevarication  on oath, and until the result of  such

C Friend Esq JP

P33

Proceedings are made known to me I shall suspend my judgement and opinion upon the other points of your communication and the documents relative thereto which as they appear to be originals I have returned to you herewith requesting that I may be favoured with them and all other documents relative to this subject when the case of prevarication against the men has been decided –

Believe me, my dear sir

Your very truly

H? Toutey

P34 [back of p33]

17th July 1837

CPM

About putting Knight and Smith on their trial for perjury.

p35

Morven Police Office

30 September 1839

Memorandum

[left margin: 1323  James Bridger/Bridges  Sir Charles Forbes]

The prisoner named in the margin and holding a ticket of leave has received a pass to proceed to your district : his police character herewith

Robert wales [signed]

The Asst Police Magistrate

George Town

P36 [correspondence – in grey pencil]

Police Office

Hobart Town Dec 15 1837

[left margin: John Keelly alias John Kelly]

Sir,

In answer to your communication of the 13th instant respecting theman named on the l margin I have the honour to inform you that there was a warrant issued by William Champ Esqr for his apprehension and in consequence of Mr Champs absence I am unable to forward the Duplicate, but it shall be sent by Tuesday’s post.

I have the honour to be

Sir

Your most Obedient

Humble servant

John Price for PLAPM?

To

D Wentworth Esq

Police Magistrate

Launceston

P37

[back of 36 – John Price Hbt PM

1837

in pencil]

p38

The information and complaint of William Peel District Constable of Launceston who being sworn saith from information I received on the sixth day of February instant I have reason to suspect  that property of the crown has been embezzled and carried away to the premises of David Gibson of Pleasant Banks – the grounds of my reason for suspecting that the said David Gibson has such property in his possession are that certain stones which were prepared by the Government Masons at Perth as Springers for the Bridge building at that place  were on the twenty sixth day of November last removed by a Cart and Bullocks belonging to David Gibson, and which I shall be able to prove were carried to his house at Pleasant Banks  on the twenty ninth of November last past twenty prepared stones were also removed by his carts and Bullocks and carried to Pleasant Banks – I am prepared to prove that the said stones are above the value of

P39

Twenty shillings and pray that a warrant may be issued to search the premises of the said David Gibson and that Justice may be done.

Wm Peel (signed)

Sworn before me the 9th day of February 1837

Wm Franks  JP

P40

9 Feb 37

Peel

Vs

Gibson

Embezzlement of Crown Property & prays search warrant

[Gibson of Pleasant Banks – in grey pencil]

p41 [Dec 1837 – in purple pencil]

Island of Van Diemen’s land

[To Wit]

The information of Mary Briggs who being duly sworn states as follows –

I knew John Smith who was the Commisariats Coxswain at Georges Town. He afterwards lived on the East bank of the Tamar before you come to Earl  Tor? [Easton?]

I know Richard Tonks. I lived with him at Mr Froggett’s as man and wife – I lived with him about five months he afterwards went splitting for Mr Froggett at Mount Farm on the Western River – I was with him there about a fortnight – one evening he and I were alone together in the hut he asked me if I would like

P42

to see Smith who was Ann Grant’s husband- that Smith was  dead – I said I would not like to see him. He afterwards took me up to the top of a hill a good distance from the hut and out of sight of it and showed me the upper part of a body – the head – arms and as low as the middle – it was covered over with dirt, and grass and stones – it was not very deep in the earth – it was on the top of a hill – there were trees all about – he took the earth off the body with a spade – There was nothing on it – There was not much flesh to say on

p43

his face – There was flesh in the upper part of the body and arms – There was a mark of an anchor on the upper part of the right arm – It was not a very large mark – after I had seen it he covered the body over again – He said it was the part of the body of Jack Smith  - he did not say where the other part was – I never heard Tonks say how  Smith came by his death – Whilst we were sitting in the hut I heard a noise like the falling of a limb of a tree. I said that’s the limb of a tree – Tonks  Said no – it is the office for me to go out and see some Bushrangers. He did  not go out then, but soon afterwards he asked me if I should like to see the body of Smith  as I have stated – I did not see any person as we went up the

p44

hill or as we returned. Tonks told me that Smith used to come to his hut when he lived at Mr Froggetts the first time that was when Smith was in the Bush – Tonks did not say how long Smith had been dead at this time nor did I know until that evening when he asked me if I would like to see the body of Smith that Smith was dead. This was about four years ago – I lived with Tonks about three weeks after he had shown me the body of Smith. I had no quarrel with him. We parted good friends. I have not been intimate with him since.  I never mentioned to anyone that I had seen the body of Smith until I told it to Mr Peel I think nearly twelve months ago – I should know the hill again where I saw the body but I don’t think  I should know the place it must be so altered.

P45

A man named Bill Miller Lived in the hut with Tonks and me  but was not there the night I saw the body – I never heard him and Tonks talking about Smith. I am quite sure that Tonks never said any thing to me about Smith  excipting that evening. I knew that Jack Smith was in the bush for shooting a man – I heard a great many people talking about it – I did not hear Tonks  or Miller talk about it – Smith shot the man I heard because he was his prosecutor about some sheep –Tonks  told me that he had a good deal of money about him that he sold his place for when he went into the bush, He told me this the evening I saw the body – The hair of the head was on – I don’t know if the skull was broken or any bone of the body, I did not take any notice of

P46

any wound on the body Tonks only uncovered it as low as the middle. I had seen that mark (the anchor) on Smith’s arm when he lived at George Town. It was only a plain anchor.

The hill where I saw the body is nearer town than the hut and at the back of it – Tonks told me that Smith very often came to his hut when he Smith was in the bush for shooting the man they used to call “Yankey Tom” Tonks did not say what  he came for.  He did not say that he ever slipt there – I should not mind saying all this before Tonks – It is all true – I never heard from any body how Smith came by his death. Tonks  used to have money when he wanted it – I never saw a good deal of money

P47

with him – Tonks did not go direct from the hut to the place where he shewed me the body – he seemed to have some trouble in  finding it – it was summer time and quite   light.

There was a hut hearer to ours than Mr Froggett’s and that is about two miles. Miller had gone that night to Mr Froggett’s and stopped there.

Mary X Briggs

Her mark

Taken and sworn before me this fourth of November 1837

D  Wentworth  JP [This is D’Arcy Wentworth Jnr]

P48

 

Van Diemen’s Land

To wit

The information on oath of William Peel who saith,

A Man named John Smith disappeared from the District of Launceston between two and three years ago – I have received information from an Aboriginal girl that the said John Smith was murdered by Richard Tonks  and from further information I have ascertained that this girl was living with Tonks at the time Smith was missing and I have reason to believe that by diligent search the bones of Mr Smith may be found; where the girl stated them to have been buried – I therefore pray that the

P49

said Richard Tonks be remanded until I can procure further evidence.

Sworn before me this Thirtieth day of November 1837

D Wentworth

Constable Peel being duly sworn states as follows: After the preceding information had been read to Richard Tonks and after he left the office in charge upon my asking him if he did not work for Mr Froggett he said he did not – I understood that he had never worked for Mr Froggett – He said he had worked for Mr Barnes – I asked him if Mary Briggs better known by the name of Black Poll had formerly lived with him at Mr Froggett’s place – He said she never did – He also added I have seen Black Poll in Launceston – but I never saw her in the country  – In the above information I have ? Mr Peel

P50

stated that Smith disappeared from the Launceston district two or three years ago but I now Found from further information that is nearly four years ago – upon my asking Tonks if he ever knew a man called Jack Smith he said he did not.

Wm Peel [signed]

Taken and Sworn before me this ninth day of December 1837 in the presence and hearing of Richard Tonks

D Wentworth JP

P51

The information of John Allworth who being sworn;

Upon the day when Richard Tonks was fined in this office for assaulting a constable and afterwards committed for further examination in the case he is also charged with murder. I asked him after he went out of the office if he knew Black Poll – he asked which? Black Poll – I described her as being a prostitute on the town here? – he said yes – I then asked him if he had ever worked for Mr Froggett in a gulley  opposite Mr Reibeys – he said no he   never  did work for Mr Froggett – I asked him if he ever lived with Black Poll there – he denied it – I asked him if he ever lived

P52

opposite the stone quarry at Mr Reibey’s – he said no.

John Allsworth  [signed]

P53

 

£50 in left margin

 

The information of Cornelius Froggett who being sworn saith,

I know Richard Tonks now present. He has been several times in my service – he was in my service about nine years ago as plough-driver. He was afterwards about four or five years ago splitting paling for me. He was again in my service about three or four years ago and at that time he lived in a hut close to a gulley – I understood so – I was ill in health at the time – I don’t know – I cannot positively swear that there was anyone living with him there but I heard there was a girl – a black girl living with him – I heard also that he did not keep her long only

P54

for a few days and then turned her away – I cannot positively say that he did turn her away – but I suppose so because I did not wish her to be there. I think I told both Tonks and the girl that I would not allow to remain with Tonks on my property – the name of the girl I think was Mary or Poll.

C Froggett [signed]

P55

The statement of Richard Tonks

I know Black Poll well enough – I have been with her but she never lived with me a week – I did live in a hut whilst I was working with Mr Froggett the last time opposite the junction of the Western and New Rivers near a Hollow. Black Poll was at that hut once but I did not allow her to remain there. Mr Froggett would not have allowed her if I had been willing.

Taken before me this ninth day of December 1837

D Wentworth JP

P56

13 December 1837

Regina vs Tonks

Suspicion of Murder

Discharged

In grey pencil – near Hadspen

P57 1840 – in grey pencil

ISLAND OF VAN DIEMEN’S LAND

TO WIT

[left margin in big letters: WITHDRAWN WF]

Launceston

Police Office

To Charles Grant of Charles Street Launceston and to Mr John Byron Chief District Constable of Launceston and to all constables and others in the said Island whom it may concern.

Whereas information and complaint hath been made before me one of Her Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, that

Charles Grant of Charles Street Launceston in the said Island a Licenced person by virtue of an act in Council of this island intituled an act to consolodate [1 in pencil] and amend the Laws relating to the sail [2 in pencil] by retail of wine and malt and spirituous liquor and to a???inate?? good order in Public Houses did on the twelvth [3 in pencil] day of April instant being the Lord’s Day neglect to keep the outer door of your said Licenced House situated at Charles Street Launceston as aforesaid closed betwen [4 in pencil] the Hours of eleven  and twelve o clock of the of the fore noon of the said Twelvth [5 in pencil] day of April instant the said outer door not having been opend [6 in pencil] for the purpose only of receiving bona fide travilers  [7 in pencil] calling for refreshment on their journey or remaining as ??? said Licence House during the day or night thereof and not tippling or drinking contrary to the act in council of the land in such case made and process… These are therefore to require you forthwith to summon the said

CHARLES GRANT to appear before me or any other  of Her Majesti’s [10 in pencil]  Justices of the Peace for Van Diemen’s Land and its Dependencies

At the Police Office, in Launceston on Friday the twenty fourth day of April instant at the hour of ten in the four [9 in pencil]  noon  of the same day to answer the mater [8 in pencil] of complaint contained in the said information and to show cause if any you have why you should not be convicted of the said offence charged in the said information and do otherwise you the said chief district constable or any other constable to serve this my summons

And be you then there to certify what you shall have done in the Premises. Herein fail not. Given under my hand this twenty first day of April in the year of our Lord one thousand eight hundred and forty

Darcy Wentworth    JP  [is this correct re: signature?]

P58 [back of p57]

On the day in question, a man (TL) came into Grant’s kitchen (which is an detached bungalow? Between 11 and 12 o clock – the servant girl at the time was taking a quart of rice? To the cook, which he has as an allowance every day – and as she was taking it to him the constable came into the yard.  Previous to this the constable and the man were seen in a skilling belonging to the new Baptist Chapel in York st the man went the back way into Grant’s and the constables immediately followed him.

[in pencil]

This information is set out wholly bad and incomprehensible – ( see – 1,2,3x,4,5,6,7,8,9,10,11 = besides it appearing primedifalso ? – & not done in the honest exercise of duty – m constables but with the intent of entrapping – with a view of participating in the supposed fine of which they are intended.

3x – no such day

p59 (someone has underlined Darcy Wentworth’s typos in pencil as per below with some spite)

[left margin in big letters: WITHDRAWN WF]

 

ISLAND OF VAN DIEMEN’S LAND

TO WIT

INFORMATION

BE IT REMEMBERED  THAT ON THIS  twenty first day of April one thousand eight hundred and forty at Launceston in the island of Van Diemen’s Land William Scott

Of the same place, District Constable

Personally came before me, Darcy Wentworth Esquires, one of Her Majesty’s Justices of the Peace in and for the said island of Van Diemen’s Land and its Dependencies, and gave me to understand and be informed that

CHARLES GRANT of Charles St Launceston I the said Island a licenced person by virtue of the act in council of this island intituled an act to consolodate and amend the laws relating to the sail

By retail of wine and malt and spirituous liquors and to promote good order in Public Houses did on the twelvth day of April instant being the Lord’s day neglect to keep the outer door of his said Licenced House situate at Charles Street  Launceston  (as) aforesaid closed between the hours of Eleven and Twelve o clock of the forenoon of the said Twelvth day  instant the said outer doors not having been opened for the purpose only of receiving bona fide traveler calling for refreshment on their journey or remaning as his said Licenced House during the Day or Night thereof and not tippling or drinking ..

WHEREBY THE SAID CHARLES GRANT

Hath, under and by virtue of and Act 4th William 4th no 8, of the said Island made and passed in that behalf become liable to forfeit and pay a penalty of no less than five pounds nor more than fifty pounds together with the costs and charges of and attending the Conviction for the said offence; and the said William Scott prayeth that the said Charles Grant may be summoned to aswer the premises.

Taken the day and year first above written.

D Wentworth (?) JP(signed)

William Scott (signed)

 

P60 [back of p59]

Scott and Grant – decided

P61

ISLAND OF VAN DIEMEN’S LAND

TO WIT

INFORMATION

BE IT REMEMBERED  THAT ON THIS  eighteenth day of April one thousand eight hundred and forty at Launceston in the island of Van Diemen’s Land

JOHN BYRON

Of the same place, District Constable

Personally came before me, Darcy Wentworth Esquire,

one of Her Majesty’s Justices of the Peace in and for the said island of Van Diemen’s Land and its Dependencies, and gave me to understand and be informed that

JOHN HINSHAW of Wellington St Launceston

in the said Island a licenced person by virtue of the act in council of this island intituled an act to consolodate and amend the laws relating to the sail

By retail of wine and malt and spirituous liquors and to promote good order in Public Houses did on

the twelfth  day of April instant

being the Lord’s day neglect to keep the outer door of his said Licenced House situate at Wellington Street  Launceston (as) aforesaid closed between the hours of

four and six o clock of the afternoon of the said Twelfth day  instant the said outer doors not having been opened for the purpose only of receiving bona fide traveler calling for refreshment on their journey or remaining at his said Licenced House during the Day or Night thereof and not tippling or drinking ..

WHEREBY THE SAID JOHN HINSHAW

Hath, under and by virtue of and Act 4th William 4th no 8, of the said Island made and passed in that behalf become liable to forfeit and pay a penalty of no less than five pounds nor more than fifty pounds together with the costs and charges of and attending the Conviction for the said offence; and the said JOHN BYRON prayeth that the said JOHN HINSHAW may be summoned to aswer the premises.

Taken the day and year first above written.

D Wentworth (?) JP(signed)

William Scott (signed)

P62 [back of p61]

Scott and Grant – decided

P63

QUATTANCY ?

ISLAND OF VAN DIEMEN’S LAND

TO WIT

POLICE OFFICE

To the Superintendent of the Road Party at Glenorchy Mr Thos Salmon the Chief D? Constable and to all District, Division and Petty Constables of the said Island, and others whom t may concern.

WHEREAS  Richard Gilbert

A convict was on the twenty seventh day of July last at Oatlands

In the said island before me

JOHN WHITEFOORD ESQUIRE one

[left margin Police office registrar: 1236]

of her Majesty’s Justices of the Peace in and for the said Island and its Dependencies Duly

convicted of Drunkeness and Neglect of Duty and sentenced six weeks hard labor and returned to the Crown.

[left margin: ship to this colony: SARAH]

He is now ordered by His Excellency the Lieutenant-Governor

To Glenorchy for such sentence then Hobart for assignment

[left margin: original sentence – 14 y]

THESE are therefore in HER MAJESTY’S NAME to command you and every of you the said constables forthwith to convey and deliver him into the custody of

Said Superintendent

[left margin Trade: Gun? Scrol?]

who is hereby required and commanded to receive the said

RICHARD GILBERT

To be dealt with according to the said sentence

Given under my hand and seal at OATLANDS aforesaid this 4th day of August in the year of our Lord one thousand eight hundred and forty-one

[prisoner’s Remove Warrant Common.]

J Whitefoord JP (signed)

P64 [back of 63]

Returned at HM Gaol at Oa tlands

on the 6 and 7 of August 1841

BShne? (signed)

Rationed at Bridgewater for the 8th August

Thos W Ward (signed)

Richard Gilbert

Sarah

6 months

p65 fn:

71147 Toogood Joseph 04 Aug 1831       Argyle     18 Mar 1831       Plymouth

http://portal.archives.tas.gov.au/menu.aspx?search=11

convict record:

http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON31-1-43,176,51,F,45

[sept – in blue pencil  1842 in grey pencil]

Examination touching the death of Joseph Twogood

The examination of oath of Hannah Pugh who saith, I have known the deceased Joseph Twogood upwards of two years, he held a Ticket of Leave, he employed himself in sawing near Egg Island, on the banks of the Tamar River. He came to Launceston last Monday. I saw him every day last week except Saturday, he was in good health, until about eight o clock on last Friday night, I then saw him in Mr Burn’s Public House, He was intoxicated, John Harris was there, a difference took place between him and the deceased respecting sawing, and Harris challenged Twogood to fight him, Twogood said he was too tipsy to fight, Harris said he should fight him, and struck Twogood on the nose with his fist – Twogood then said he would fight him – They went out of the House and whilst Twogood was pulling of his shirt, Harris struck him with his fist

P66

On the right side of the head, which blow knocked him down, Twogood then got up again, and Harris then knocked him again by a blow on the breast, Twogood again got up and was again knocked down by Harris, I do not know where Harris then struck him, Twogood got up again, and Harris then struck him I believe over one of his eyes and he again fell. I did not see the blow but after he fell I saw that he was bleeding over one of his eyes. A young man then came up and said if they attempted to fight any more he would send for a constable and then lifted up Twogood. I did not see George Hill during the fight, two men then took Twogood on board Mr de Little’s lime barge at the wharf I went on board the barge and put my hand on Twogood’s shoulder – he said “Oh! Do not touch me, I cannot move, Hannah go home, I cannot speak to you”, and I soon afterwards saw the lime barge going down the North Esk River, towards the Bar, I don’t know the names of the men who took Twogood on board the Barge, but they are in the service of Mr De Little at the Lime Words – as the Barge was passing down the

P67

River, Harris was standing by the side of me on the wharf and said he would fight Twogood at any time and if I liked he would go on board with Barge and fight Twogood again. I said he would not say so if Twogood were well. He said if I said any thing more about it he would strike me; Twogood was a very quiet peaceable man; Twogood took his meals last week at the house of James Miller, where I then lived; I never heard Twogood complain during the last week of being unwell in any way, I once lived with Twogood six months, sixteen months ago, and I never heard him complain at any time of being unwell. Whilst Harris and Twoood were fighting and as Twogood was falling, I saw Harris kick him in the breast, Twogood left me about twelve o clock on Friday at noon, and he then gave me a Dollar and I then saw that he had one pound and four shillings, but I do not know what other money he had about him.

I was with Harris and Twogood at Mr Brigg’s Public House in Launceston about six months ago, Twogood told Harris that he

P68

Had cheated him, by paying his less money than he owed him for sawing for him, and this quarrel led to a fight, Harris and Twogood then fought for about twenty minutes in the street with their clothes on, Harris gave in, and they shook hands and returned into Mr Brigg’s House and drank together, I know of no other quarrel between Harris and Twogood from that time until last Friday night – The quarrel on Friday night between Twogood and Harris arose from each saying that he was a better sawyer than the other, I did not see Twogood alive after I left him in the Barge on Friday.

Hannah Pugh

Her X Mark

Taken and acknowledged before me at Launceston  this nineteenth day of September 1842

PA Mulgrave

Coroner

P69

The examination on oath of Mr James Burns  who saith, I am a publican, and reside near the wharf at Launceston. The deceased Joseph Twogood, whose remains have been received by the inquest, was in my House about eight o clock on last Friday evening, a man named Harris was with him; they had been drinking but were not intoxicated. There was some difference between them respecting the name of the Rope which stops the wind when the vessel is in full sail, a man said to be the mate of Twogood was brought into the house under a supposition that he had taken away a Dollar belonging to Harris, and as soon as Harris saw him, he struck that man, and Twogood then said to Harris , my mate is not a man for you, and struck Harris I then turned Twogood out of the house, and said you shall not fight here. Twogood called out to Harris come out, I am your man, Harris then went out and they pulled off their coats – I went out and told them there should be no fighting near my House, and if they did not go away, I would have

P70

Put in the Watch House, and then they went towards Captain Gardener’s residence – they returned to my House in about a quarter of an hour afterwards – Harris came in first, his face was bleeding near the cheek bone – I went out of the Bar and in about ten minutes afterwards returned Twogood was then sitting down and Harris standing near him, they shook hands together, and appeared friendly. They remained there apparently good friends near half and hour, when I missed Harris and Twogood went away a quarter of an hour or twenty minutes after Harris. Twogood was bleeding from some part of his forehead – He did not complain of being ill – They had nothing to drink after they returned except a pot of beer which was called for by Harris, I did not see Twogood drink any of it. Hannah Pugh came into my House after Twogood returned and wanted him to go home and I made her leave my House, there was another woman with her – I did not see Hannah Pugh in the room when Twogood and

P71

Harris quarreled. I swear positively she was not then in the room, or I must have seen her – she might have been there before that time, but I did not see her. Hannah Pugh might have been close outside the door when I turned Twogood out without my seeing her.

(vide page 28 for further examination)

(signed) James Burns

Taken and acknowledged before me at Launceston the nineteenth day of September 1842

PA Mulgrave

Coroner

P72

The examination on oath of George Hill who saith I hold a Ticket of Leave – I am a Boatman and work on the River Tamar. I was in Mr Burn’s Public House about a quarter past seven o clock last Friday evening, Joseph Twogood and John Harris were there, I did not see Hannah Pugh there, some dispute took place between Twogood and Harris. I understand about a wager, I did not hear particulars. A Dollar was said to have been taken, of the counter and David Martin who works as the mate of Twogood, as a sawyer was fetched into the house on suspicion of having taken it, and Harris said to Martin give me that Dollar, Martin  asked hims what dollar it was, Harris said the Dollar you have taken from the Counter, Martin said I know nothing about any Dollar, when Harris immediately struck at Martin, and hit him, I cannot say where, and Twogood then sprung out of the tap Room, and hit Harris, a blow on the back of the neck, and Harris returned the blow, Mr Burns then aid he would have no fighting in his house and both got

P73

Out Twogood and Harris, and Mr Burns sent them away from the door, I followed them in about three minutes and a few yards from Mr Burn’s door I found Twogood and Harris fighting, Twogood pulled off his jacket, a blue shirt and a white shirt, Harris had then on a Guernsey shirt and they fought from five to seven minutes; Twogood was knocked down two or three times, I endeavoured to part them, but could not, they fought two or three rounds  afterwards, Harris was knocked down four or five times during the fight and I left them fighting and returned to Mr Burn’s House. About eight o clock I was going on board my Boat when I saw Twogood and Martin near the side of the North Esk River, Twogood was washing himself, his clothes were off, when he put them on  he asked me to go with him, to Mr Burns that he might get a drink of Beer I went with him, into Mr Burn’s House. Twogood laid himself down on the Tap Room table and I desired Mr Burns to take care of him, and I went on board my Boat – I did not then see Harris at Mr Burns

P74

I did not see Twogood again until between ten  and eleven o clock on Saturday night, when I saw him at the house where the remains were viewed, this day by the inquest. He then appeared very unwell and complained of a pain in the lower part of his belly, Jane Mallett was there and about eleven o clock she gave Twogood a dose of salts. I did not see her mix the salts with water – there was about a Gill of the liquid, He soon afterwards asked for something warm to drink, and Jane Mallett gave his some warm gruel he desired and was put on a bed, he got off the bed in about half an hour and returned in two or three minutes, he said he felt very unwell, he could get nothing through him; he was put on the bed again, and in half an hour he complained or being cold, and he was placed on a bed on the floor before the fire – he then appeared to be getting worse, and spoke indistinctly and a Doctor was sent for, Doctor Grant came to the House with me, Twogood was alive when I left the house but insensible, when I returned he was dead. I was with Twogood

P75

From about 12 o clock on Friday until about eight o clock at night at different times and he several times complained that he could not make water, this was before the fight between him and Harris – I did not see Harris kick Twogood whilst they were fighting

[The   bracketed section below has been bracketed in original account with the word: NIL next to it.]

Nil [This bill for thirty pounds due tomorrow accepted by Mr De Little in favour of Twogood and endorsed by him, I cashed for Twogood, I think on Wednesday last, I gave him twenty seven pounds ten shillings for it, David Martin was present. Twogood said that Martin was to have one-third and that John Bell who was also present was to have another third of it, and the rest was his own, Twogood then paid me eleven pounds seven or eight shillings which he Martin and Bell owed me and the remainder was divided between them].

I am sure that Harris and Twogood were intoxicated on Thursday night.

Taken and acknowledged before me at Launceston this nineteenth day of September 1842

George Hill

His x Mark

PA Mulgrave

Coroner

P76

The examination on oath of Matthias Gaunt Esquire Surgeon who saith I reside at the Union Steam Mills about twelve miles from Launceston at about three o clock in the afternoon of last Saturday, Joseph Twogood came to Mr de Little’s lime barge in a dingy to my premises, he walked with much difficulty, he complained of very severe pain in the lower part of his abdomen and inability to make water, I perceived that he had been very much bruised, and appeared also to have recently been intoxicated, and considered from the appearance of his face and his extreme state of suffering that he had been severely bruised in the body as well as the face, His mate David Martin told me that Twogood had been fighting, and I considered his life in danger, and desired his mate to take him back to Launceston as quickly as possible, and to get him into the Hospital if practicable, or at least to get medical aid immediately

P77

To enable them to get to Launceston more rapidly, I put one of my own men in the Dingy to assist in rowing thither, and Twogood, Martin, my man and a boy proceeded in the Dingy towards Launceston, I do not now practice as a surgeon, nor had any means of attending Twogood and accommodating him in the way that in his situation I considered absolutely necessary.

Matthias Gaunt (signed)

Taken and acknowledged before me at Launceston this nineteenth day of  September 1842

PA Mulgrave

Coroner

P78

The examination on oath of Mr George Lukin who saith I know Joseph Twogood and John Harris. I saw them fighting together between seven and  eight o clock on last Friday night near the large gates? A short distance from the front of Mr Burn’s public house in Launceston, I only saw them fighting for two or three minutes, one of them was knocked down, I do not know which.

I keep the wharf public house in Launceston.

(signed) George Lukin

Taken and acknowledged before me at Launceston this twenty first day of  September 1842

PA Mulgrave

Coroner

P79

The examination on oath of David Martin who saith, I hold a Ticket of Leave, I had worked with Joseph Twogood since March last sawing under Mt Direction near Egg Island, until last Friday week, when I came to Launceston and met him in Launceston on the following Monday afternoon, I saw him often, between that time and last Friday morning, he appeared in perfect health and did not complain of being in any way unwell; that evening I was in company with Twogood at Mr Burn’s Public House, John Harris was also there, we were together about an hour, Twogood and Harris had some words together about a Dollar, the particulars I do not  recollect, they then had some words about some sawed stuff and John Harris struck me, Twogood asked him what he struck me for, Harris said because he like to, I then immediately went away, to avoid getting into trouble, I did not see Twogood or Harris strike each other

P80

About three quarters of an hour after I went away I met Twogood on the wharf, he was sitting down, his face was covered with blood, and he had a shirt on much torn, and his jacket and waistcoat were lying by his side, I took my Handkerchief off my neck and dipped it in the North Esk River, and wiped his face with it, he said he had been fighting with John Harris he said he was very ill, and I asked him if I should take him into Mr Burn’s Public House he said he would go in and sit down for some time, George Hill was with me, and went with Twogood and I to Mr Burn’s House. Hill desired Mr Burns to take care of him, I went away to see for a Boat and returned to Mr Burn’s in about a quarter of an hour, Twogood was kneeling down with his head on a form?, I lifted him up and he told me not to touch him about the belly for he was very bad there, I asked him if I should get any Doctor’s stuff for him or take him on board the Lime Boat, He said never mind the stuff and he went with me on board Mr de Little’s lime boat that

P81

Was lying at Mr Burns wharf – I put him into one of the men’s beds – in the stern of the boat and he said he hoped he should be better by the morning – As we went down from Mr Burns H to the wharf Twogood kept his hands clasped over the lower part of his belly, and walked bent nearly double, I then left him and saw him again last Saturday between eleven and twelve o clock on board Mr De Little’s lime boat, near Pig Island flats, He was then in the bed I had left him overnight, Twogood said he was no better and when the boat got opposite Doctor Gaunt’s he would go on shore and see the Doctor, I returned on board the Boat in which I had come from Launceston and accompanied the Lime Boat until between two and three o clock when I went on board the lime boat, I had just before seen Twogood lifted carefully out of the Lime boat into a Dingy by its side, and I accompanied him in that Dingy to Doctor Gaunt’s wharf, Doctor Gaunt saw Twogood and said, that Twogood have better be taken back immediately to Launceston

P82

I did not hear Dr Gaunt’s conversation with Twogood, but the latter told me that Dr Gaunt advised him to go to the hospital at Launceston immediately to see some medical man immediately he got there – I cam eup to Laucneston with Twogood in a dingy, and Doctor Gaunt lent me a man to assist me in rowing the boat, – Twogood was taken great care of as we came up to Launceston. I took him from the wharf to the house where Jane Mallett resides. He complained of being very ill, and walked with great difficulty – I laid him on a bed and asked him if I should take him to the Hospital or go for a Doctor – ; he said he thought he should not want a doctor, but he thought a dose of salts would do him good, and he would be better in the morning: he complained of great pain in the belly and said he could not ease himself or make water. By Twogood’s desire I put two teaspoonfulls of salts and mixed them with water in a tea cup and gave them to him. Jane Mallet afterwards gave him some warm gruel he was very cold and I undressed him and laid him on

P83

The bed and put all the bed clothes I could find over him and I then asked him if I could do anyting more for him, he said I could not that he did not wish me to stay with him that night, but as the tide was running down, I had better go down in the boat, I left him and went on board the dingy and went down the river Tamar; Twogood was taller by several inches than Harris I saw Twogood three or four times on Friday  he did not say that he was in any way unwell or that he could nto mke water, until after he ad told me that he had been fighting with Harris.

Twogood did not say that he had fought with any one beside Harris on Friday, or that he had been hurt in any manner except during the fight.

George Hill gave Twogood money for an order on Mr de Little on last Wednesday it was divided between Twogood, John Bell and I.

I saw Hannah Pug at Mr Burn’s Public House just before I left there on Friday night – and also after I went to take Twogood to the Lime Boat, I did not see her on board the Lime boat that evening or night.

I do not know exactly what

P84

Time it was when I got to the house with Twogood where Jane Mallett lives. There was noone at home, and I went away in search of the person who keeps the House, leaving Twogood at the door, when I returned he was in the House and Jane Mallet assisted me to put him in the bed.

David Martin

His X mark

Taken before and acknowledged before me at Launceston this twenty first day of September 1842

PA Mulgrave

Coroner

P85

The examination on oath of Thomas Bonnor who saith, I am Free; between seven and eight o clock on last Friday evening I saw a crowd of persons at the door of the Tap? Of Mr Burns public House and one man a tall man was pulling of his shirt to fight a shorter man and Mr Burns came out and said they should not fight before his premises; and those two men and the crow moved off towards Captain Gardiner’s house, and the two men whose names I do not know, commenced fighting in the road, opposite large folding gates, near a hundred yards from Mr Burn’s Tap room door. The taller man was knocked down fifteen or sixteen times and he frequently fell heavily on the ground, and there was some sharp stones on the road, on which he sometimes fell – I saw them fighting three quarters of an Hour, then went away.

The shorter man had something on him whilst fighting which looked like a Guernsey Frock – I did not see any other persons fighting that evening. The shorter man was knocked down some times but not so often as the taller one, the taller one fell sometimes heavily on his belly as well and on his back and sides.

P86

The examination on oath of Jane Mallett who saith, Joseph Twogood came to my house on last Sturday evening about nine o clock. He complained of a great pain in his belly and of being cold, David Martin soon after came in and assisted me in putting Twogood on a bed. Twogood asked for a dose of salts, there was some Epsom salts in the house and David martin gave Twogood some of them mixed with water – Twogood said he was very thirsty, I gave him some coffee and afterwards some gruel, George Hill was there also – Twogood said if he was not better he would go to the hospital ion Monday, avid Martin took off Twogood’s trowsers and jacket and covered him up with the bed clothes, Martin then aksed him if he should stay with him until Monday, Twoood said “no, as he had got the boat, he had better go down and Martin then went away. Afterwards Twogood complained of being uneasy and got up and went out of the house – and returned in a few minutes – He afterwards complained of being cold and he was placed in a bed on the floor before the fire. There was a wound over his left eye – he continued to complain

P87

Of great pains and cold, and between two and three o clock George Hill went for a Doctor and in a few minutes after he was gone Joseph Twogood died. Doctor grant came in very soon afterwards.

(signed) Thomas Bonner

Taken and acknowledged before me at Launceston this twenty first day of September 1842

PA Mulgrave

Coroner

P88

The examination on oath of James Grant Esquire surgeon who saith  – I was called to attend the deceased Joseph Twogood about three o clock on last Sunday morning – He was lying in a shake down bed before a fire, in the room where the remains were viewed by the inquest.

He was quite dead – there was some degree of heat about the body, but the extremities were cold and rigid, he appeared to have recently expired.

I had a post mortem examination of the body on Monday last – there was an extensive ecchymosis round the left eye, and a little round the right – there was a wound over the left eyebrow of small extent and penetrating to the bone.

There were numerous and severe bruises on the shoulders and arms, and marks on the back as if he had fallen on gravel, there was also a small bruise about the middle of the back – and another on the left side near the short ribs.

On opening the abdoemen I found the walls of that cavity and the surface of the viscera covered with purulent

P89

matter  and lymph mixed with a small portion of yellowish coloured feculent matter – the omentum adhered to the intestines and the latter were agglutinated wherever in contact. I have never seen such an amount of morbid appearances resulting in the cavity of the abdomen. On carefully examining the bowels to ascertain the opening through which the contents had escaped I found a small opening in the ilium near its junction with the seecum? – this portion of bowel was removed, slit open and examined from within – when it was apparent that the wound was not the result of ulceration but of a sudden rupture of the coats of the intestines by external [PAM] violence – the bladder was empty but on distending it with air it was found to be perfectly sound, the liver and spleen seemed healthy – there was a small red mark on the external surface of the left kidney and on cutting into

P90

Its  substance, it was evidence that it had been the seal/seat? Of recent inflammation – the right kidney was also very vascular.

The redness was not equally  diffused over the serous/ membrane but was in spots or patches here and there – the viscera of the chest were quite healthy – the veins and sinews of head were gorged with dark blood – the pea-maler? was exceedingly vascular, the brain was firm and on making sections of its substance numerous spots of blood oozed out. There was no fluid in the ventricles.

The rupture of the intestines and consequent excape of foecal matter and the  violent and excessive inflammation which resulted were in my opinion the immediate cause of death.

I examined the louhiad? Where the penetrating would existed – but it was a mere flesh wound, the bone was uninjured. A violent blow from a man’s fist might have cause such a rupture; or a heavy fall on such stones as the roads in town are repaired with might also have caused that rupture, if much violence had been used in

P91

Throwing him, the person, down, I consider that the rupture was more likely to have been occasioned by a blow on the abdomen than by a fall, I am of opinion the rupture had  existed a day or who when I examined it.

I believe that the red mar which was on the left kidney corresponding with the external mark, was apparently caused by a blow – an inability to make water is one symptom of inflammation of the kidneys. I have great doubt if any medical aid could have saved the life of Joseph Twogood after the rupture – I think under any circumstances the injury would have proved mortal.

(signed) J Grant

Taken and acknowledged before me at Launceston this twenty first day of September 1842.

PA Mulgrave

Coroner

P92

The further examination on oat of Mr James Burns who saith I do not believe that there was any fight or disturbance between seven and eight o clock last Friday evening, near my house besides the fight between Joseph Twogood and John Harris or I think I must have seen or heard of it. Twogood’s face was bleeding when he returned to my house on Friday evening, it was not bleeding when I turned him out of it.

(signed) James Burns

Taken and acknowledged before me at Launceston this twenty first day of September 1842.

PA Mulgrave

Coroner

P93

The examination of John Harris who saith I came to Van Diemen’s Land a free man, I fought with Joseph Twogood at Launceston last Friday night, we were both in liquor, I am not aware that any other person fought with Twogood on Friday night besides myself, we afterwards parted good friends and on Saturday night I heard that he had returned to Launceston and went to see him.

John Harris

His X Mark

Taken and acknowledged before me at Launceston this twenty second day of September 1842.

PA Mulgrave

Coroner

P94 [back on p93]

[pencil]

Inquest on the body of Joseph Twogood

Death caused by fighting with John Harris

22nd Sept 1842

p95

[small stamp top left corner]

RECEIVED

PRINCIAL SUPERIOR’S

DEPARTMENT

MAY 16 1842

684

40

To His Exellency Sir John Franklin, K.C.H.K.R.

Lieutenant Governor of Van Diemen’s Land

And its Dependencies

The Humble Petition of

Neil Fergusson Fraser

Most Respectfully Sheweth

That Petitioner arrived in this Colony per “North Briton”, free, in February 1836.

That Petitioner was Transported for Life in December 1839 and was sent to Port Arthur – Petitioner underwent at the Settlement the usual course of severe labor and was latterly employed in the Commandant’s Office as Police Master. In November 1841 Petitioner was removed – as writer – to the Coal Works, Recherche Bay – Your Petitioner respectfully trusts that his removal to this place in the capacity in which he is employed testifies to the propriety of his previous conduct – yet your Petitioner in praying your Excellency to release him from Penal Coercion does not intend to advance any aim, but trusts to Your Excellency’s Clemency – Your Humble Petitioner will in his future life prove that he is not unworthy of it.

-       and Petitioner, as in Duty Bound

-       will ever pray

&c &c &c

Neil F Fraser (signed)

North Post

Recherche Bay

Coal Works

March 1842

P96 [back of p95]

Hearing/turning? The praird? The Petitioner has been at Recherche Bay in the mining parts? Stationed there in the capacity of clerk he has conducted himself much to my satisfaction in correct conduct and the utmost attention to the duties he has had to perform.

James Smith  PM [signed]

The conduct of the memorialist here? Under my command has been very good? Conduct generally – and attentive to his duties.

Charles  O Hara Booth [signed]

Zom?

17/4/42

p97

The Petition of Neil Fergusson Fraser

Praying

To be released from

Penal Coercion

At the Coal Works at

Recherché Bay

March 1842

P98

Westbury?

Island of Van Diemen’s Land

To Wit

Information of Samuel Munday

Watch House Keeper

On Oath saith

I saw Mrs  Stokes at eleven hecentots? 12 Saturday day in the house where she resides – Shipwenn? Mrs Stokes appeared to be under the influence of liquor but not drunk. She was strongly under the influence of Liquor. She could walk and knew what she was about – Her house where she lives is situated about fifty yards form the road said on Mr Field’s property. I saw her first on Saturday night in her own house. She was standing up – I had orders from the D Constable to go to the house of Mrs Stokes. She was ordered to the Watch House by Mr Walker Dt Constable.

Saml Monday

Taken and sworn before me the 31st day of January at the Police Office Westbury? In the presence of the prisoner 1842

P99  [back of p98 – letter addressed to]

Miss H Landell

Post Office Brach

Via Bishopsbourne Station

P100 [1842 – in pencil top right]

George Town

Island of Van Diemen’s land

To Wit

Fn: Possibly? John Kilminster, Prince Regent, 1820. Warwick Assizes, 27th March, 1819. 14 years, Labourer. – http://www.heavenandhelltogether.com/index.php?q=node/92

John Kilminster upon being sworn states

I am a prisoner of the crown and belong to the Marine Department

I was going in a boat yesterday evening with Mr Landell at the heads about 4 o clock we had pulled about two miles, there was conversation carried on the boat between the men.

Mr Landell ordered them not to speak a word, in the space of ten minutes afterwards, I asked a man in the boat if I should give him a spell. Mr Landell said directly silence you  scoundrel or I will knock your brains out.

P101

Mr Landell than took hold of a stetcher? And truck one across the face with it. I told him I should report his conduct and called upon Mr Forester at the time as a witness. Mr Landell then caught hold of me he called God to Witness that if I uttered another word he would knock my brains out with the same piece of wood (having it his hand wavering over my head) as he struck me across the mouth?.

I told Mr Landell as I was leaving the boat that I should lodge the complaint to the magistrates, he told me I had better not.

I recollect speaking to the other

X ed   by Mr Landell

P102

Men in the boat once, I do  not recollect  your telling me to pull my oar and hold my tongue, I do not remember your telling me to pull my oar and that  would be enough for me to attend to – I recollect our asking me if I would yarn in that manner if Mr Friend or Mr Davis were in the boat this was after you struck me. I heard you say that if I had been in the habit of yarning in other bots I should not yarn in yours, I do not remember you telling me to leave off yarning until I got ashore and then I could yarn as long as I liked, I remember your saying after you had struck me that if I did not leave off yarning you would knock the stick down my throat by Heaven.

Ed: by the bench

The mark I have near my eye

P103

Was caused by the blow I received from Mr Landell with the stick.

John Kilminster

His x mark

Witness: Edward Best

Taken and sworn before us at the Police Office George Town this 13th August 1842

[not signed – big vertical twisty swirls – signature?]

p104

George Town

Island of Van Diemen’s Land

To Wit

George Foster upon being sworn states

I am a pilot on the River Tamar.

I was in the boat yesterday going to the heads with Mr Landell and the man now present. As we were pulling down several of the men began talking and I believe the men now present to be one of them. They were talking very loud and Mr Mandell ordered them to be silent. They all desisted but the man now present and he did not and he said something to Mr Landell but I do not know what, Mr Landell then took up a stretcher? And said he would knock the man now present head off, He still kept on talking, Mr Landell repeatedly

P105

Begged of him to hold his tongue, Me Landell then took the stretcher? And shoved it aginst the man not present eye. I cannot say whether he had the mark which is now on the man’s face, Mr Landell went on begging the man to hold his tongue, the man I believe then aid I shall go onto? The Magistrate.

No questions by Mr Landell.

X ed by Mr Landell.

George Foster [signed]

Taken and sworn before us at George Town this 13th August 1842

[not signed – big vertical twisty swirls – signature?]

p106

George Town

Island of Van Diemen’s Land

To Wit

Charles Miles upon being sworn saith

I am a Prisoner of the Crown. I was going down the Head in a bat last night with Mr Landell and the man now present , the complainant spoke to me in the boat and Mr Landell told him to hold his tongue, soon afterwards he spoke again. Mr Landell told him if he did not silence he would knock him down with the stretcher? And then struck him, Mr Landell struck the compl upon one of his temples, I heard the compt tell Mr Landell that he thought he was saying no harm. Then Mr Landell struck the compt I heard him say he should call upon Mr Forster?

X ed by Mr Landell

I recollect hearing you tell the man to hold his tongue, I recollect hearing you ask the compt if he would yarn that if Mr Friend or Mr Davis was in the boat.

Charles Meils [signed]

P107

At this stage of the investigation it appeared from the prisoner’s own confession after a close examination of his eye by the bench that the scar which he had lead the bench to suppose was inflicted by a blow from Mr Landell, had been on his face since he was two years of age.

P108

Complaint of John Kilminster against Mr Landell pilot in the river Tamar for striking him

13/8/42

p108 [1843 – in pencil top right]

Sir,

In compliance with the direction of His Excy the Lieut Govnr communicated to me on the 21st instant respects the supply of water to the public establishments at Launceston. I have the honor to acquaint you that having seen Mr Yates? Of the Lufweed??? Hill whence the supply of water has been hitherto procured by the Govt without charges I was? Informed that the refusal to allow water to be taken as usual arose in consequence of the  surer???? Having been demanded by the men employed to drawn it as a matter of right and having also in order to render  the work of filling the carts more easy placed stones which caused the water to collect so start the wheel of the Mill worked in it and thus decreased the power.

I have ascertained that the Road at present in use to the punt by the side of the Mill is private property being part of the Mill Premises the Grant? From the Crown has

P109

Has been referred to and there is not any right for a road though the property to the South Esk River. Mr Yates will enter into a contract to supply water not including cartage at 1/d? per ton c/f 250 gallons which is the same rate which  he is paid for by the shipping. I enclose a memo? Which I have procured  from the supert. of convicts showing the number of men &carts employed in drawing water to the several departments and the quantity of each.

The marine department (which is  convict?) that mentioned in this memor is supplied by means of a Floating Lamp?  Worked  by three men to the full of the South Esk River these filled and then moved? In the North

P110

Esk off the Marine Station 40 gallons is about the daily consumption.

It thus appears that 205 gallons are daily required for the Coln. Depts.

1115   “ “ for the convict Departments.

Making a total of 1320 gallons.

It is my opinion that if an agreement is made with Mr Yates from the facility thereby afforded in filling the carts the ten men and two? carts without the Tunk? Could supply the whole of this quantity and the coast as I estimate it would then be thus

10 men rations cloths & c 1/- each per diem  :  10  :

Water as above at Mr Yates price say (5/4) :  5  :

Per diem  :  15  :  4

I estimate that the cost of supply by contract including cartage would be thus

Water at 1/3 per load of 150 gallons for 1329 gallons? Say

:  11 :

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This last estimate I make upon the pounds that the House of Correction for Females and the Hospital are supplied by a contractor at the price of 1/- per 150 gallons.

The quantity daily supplied  at the H.C. for females is 1543 gallons and at the Hospital  450 gallons.

I allow 3d/ per load in addition to this contract price because the distance to some of the departments is greater –

A saving by the last method would accrue to the Govt. c/f 4/4 per diem and I think it not improbable that the contract would be taken at less  than 1/3 per 150 gallons.

P112

22 April 1843

Pm

The Colonial Secretary

Report upon supply of water to public establishments

P113  [1843 – in pencil top right]

The statement of Sarah Ann Whistlecroft who deposeth and saith,

It was that old shoemaker (looking at James Jewcombe/Stewcombe? that hurt me).

I do not know when he put his cocky to my cocky and hurt me – he said nothing when he did it – Nobody ever did the same to me as he did – Mother was out when he hurt me – I was in his place when he hurt me. Mother told me to go there. I was at the fire when he did

P114

It – he did not put me in the bed he had me in his lap – I did not see his cocky – I did not know it was his cocky that hurt me until I told my mother when I was on Jimmys lap he had his trowsers on – they were buttoned – he unbuttoned them – I did not see him unbutton them – Jimmy put his cocky into my cocky.

Taken before me at Launceston this nineteenth day of July 1843 in the hearing of James Stewcomb/Hewcombe.

William H Sorell?/Bretts?

H  O’a _______ ?  JP

P115 [1843 in pencil top right]

£1980 –

Government Order

Colonial Secretary’s Office

5th December 1843

The Lieutenant Governor directs the assembling of a Board to consist of

The Commandant of Launceston

Chairman

Philips Oakden Esq

The Surgeon of the 96th Regiment

Wm Henty Esq and

L.W. Gilles Esq members for

P116

The purpose of enquiring into and reporting upon the state of the Female Factory at Launceston in accordance with the Instructions of the Right Honorable the Secretary of State as conveyed in the Despatch No 176 dated 25th Novr 1842 and His Excellency further directs that any three of these Gentlemen shall be competent  to act and make a Report on the present state of the factories at Launceston

P117

And to endeavour to ascertain the practicality even in their present crowded condition, of improving the classification and effecting a more complete separation between those who may seem wholly irreclaimable and those of whom better hopes may be entertained.

By His Excellency’s Command

J.E. Bicheno

P118

Colonial S____ts?

Relative to appointment of board

21st Nov 1843

p119

£1980 –

The Commandant

Launceston

Colonial Secretary’s Office

15th December 1843

Sir,

I have the honor to transmit to you for your information and for the guidance of the Board appointed to enquire into and report upon the state of the Female Factory

P120

Launceston Copy of the Right Honorable the Secretary of States Despatch of the 25th November 1842.

I have the honor to be

Sir,

Your very obedient servant

J.E. Bicheno [signed]

P121

£1980 –

Lieut. Col. Camberlain

Commandant

Launceston

Colonial Secretary’s Office

8th March 1844

Sir,

The Lieutenant Governor have expressed a wish to be furnished with the result of the Board enquiry relative to the Female house of Correction at Launceston I have the honor to request that

P122

The Board will forward their Report with as little delay as possible.

I have the honor to be,

Sir,

Your obedient servant

JE. Bicheno

P123

Commandant’s Office

Launceston 18th Dec 1843

Report of Proceedings of a Board assembled this day at Launceston pursuant to Instructions received from the Colonial Secretary at Hobarton bearing date 5th December 1843

Present

Lt? Colonel CB Cumberland

-Chairman

Members:

Philips Oakden Esq

William Lucas Esq Lawyer? Qb ??

William Henty Esq

LW Gilles Esq

As the commanding office [left margin]

The Board having assembled proceeded to read the letters of 5th and 15th December of the Colonial Secretary an the dispatch of the Right Honorable

P124

Lord Stanley to Sir John Franklyn the Lieutenant Governor of Van Diemen’s Land bering date the 25th Nov 1842.

From the tenor of these letters and this dispatch the Board proceed to make all enquiries and personal inspection to endeavour to ascertain the practicalities even in their present crowded state of imposing the classification  and effecting a more complete separation between those who may   seem wholly irreclaimable and those of whom a better life may be entertained.

The Board proceeded to the Factory without notification of their intentions with the view to find matters in their daily ordinary state.

On going over the several apartments and heads? Of the factory? The board haveth satisfaction  to report that they found there in a perfect state of cleanliness and good rides? A plan of the builds was laid before the board, copy of this it is proposed to apprehend to this report.

As to the present state of the factory –

the Board ???????? ????????? ???????? to report that they found the pairds? And aprtments occupied by the female prisoners in a perfect state of cleanliness. A plan of the building was found before the Board Copy of which it is improper to attend? To these repairs? – the Board find the factory? Occupied by 185? Adults and 26 children – there are eight cells soliciting? But not silent???

It appears that the goods object to the unfinemus and will less of the cash in the lomes??? Is to fields devise a plan of letters, disease and classification of the fields Perciners and allotments and promising of boot/book? And employment of which at present there is no entitled  place on sufficient scale.

21st Decr 1843

The Board Assembled at the factory  and took down the evidence of another? Guidelines as recorded on sheet no 1.

28 Decr 1843

The Board assembled at the factory and took down the evidence Mr Pearson the resident Superintendent of the establ.

4th Jan 1842

The board assembled at the factory and interviewed the examinate of Mr Pearson the minutes of which were taken down in writing.

P125

8th January ???

Pulled to Claunia and Dr Lucas shop>>>>> part of the evidence of W Pearson and that of mr Rob Bike? Presents? Dr Lucas  v? Charmine?

11th January

The Board assembled at the commandant’s office and proceeded to examine and take down the evidence of Dr Benson? –and Desired Dr Brown present chairnman Dr Lucas Mssrs Henty and Palden?

15th January

The Board assembled present: Durmia?, Mr Lucas, Palden, Henty, & Atkinson – proceeded to examine  the issues   and the? Led? Dr Browne

18th January

The Board assembled at the Factory – present:  chairman Mr W Henty and Atkinson. The board examined and inspected the whole of the build of the female factory.

22nd January

The Board assembled all present. The board proceeded to pame? Its report in the actual state of the Factory.

25 January

The Board assembled at Commandant’s Office all present. The Board called in the Superintendent and consulted him   relative to the efficiency? Of the compastuinets? Of the factory? And continuation of Dr Benson’s evidence.

29th January

Report commenced, present: Mr Henty, Cumbeach, and Lucas meeting adjourned until following day.

30 January

Present Mssrs Henty, Lucas, Atkinson, & chairman constumatic of Report

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8 Feb

re meeting. The Board did not assemble in indulgence of mr Henty’s absence in Hobart Town. The chairman marked off proposed attentions on plan.

12 February  1844

Assembled Mr Lucas, and chairman consulted with Captain Gardiner on proposed att?

15 February 1844

Assembled chairman marked of proposed alterations.

19th February

Board Adjourn

26 February

Board assembled and proceed to pauce? Report.

P127

COPY

[to]

Lieut Governor

Sir John Franklin

No 176

Downing Street

25th November 1842

Sir,

In my dispatch of this date No 175, I have communicated to you very fully the views of Her Majesty’s Government as to the future conduct of the system of Transportation in reference to male convicts. An equally important and in some respects, a more difficult subject, is the application of the same sentence to the cases of female Convicts.

P128

The difficulties are greater, inasmuch as those with whom we have to deal are in general fully as depraved as the male convicts, while it is impossible to subject them to the same course of discipline; and thus no alternative seems to be left, but either to detain them in actual confinement , or to permit them to enter, in some mode or other, into the mass of the population, where the knowledge of their former character subjects them to continual degradation; – and having neither sound

P129

Principles, nor feelings of self respect, to protect them, and surrounded by peculiar temptations, arising out of the peculiar state of the population, it is hardly to be wondered that they become, with few exceptions, at once reckless and hopeless, and plunge deeper and deeper into misery and crime –

Looking to the alarming disproportion which exists, and must continue to exist, in Van Diemen’s Land, between the sexes, it would obviously be the policy

P130

And the wish of the Govt. to carry into actual execution the Sentence of transportation on females as Generally as possible; but I cannot but feel that the Govt. are bound, at the same time, to give to these unhappy beings every chance for reformation and that they incur a serious responsibility by inflicting upon them a sentence which rather furnishes additional incentives to vice, than encouragement and facilities for reformation; – and I am compelled to express my fears that female transportation, as it has hitherto been conducted

P131

Has partaken more of the former than the latter character.

According to the present system, it appears that, on the arrival of a female convict ship, notice is given to parties desirous to apply for assigned servants; and that the females so applied for are immediately transferred to the service of their employers, while the remainder are detained in the female Factory.

It may appear extraordinary looking to the great scarcity of females, and the great demand for their services in Van Diemen’s Land, that there should  in ordinary circumstances, be any “remainder” left

P132

Upon the hands of the Govt. , – yet I am informed, that not only is this the case, but that great difficulty is experienced in disposing of these females. – If this be so, it is a fact which marks most strongly the general feelings of the population, and the almost inseparable difficulties with whih these poor creatures have to contend in the attempt, if ever made, to return to a better and more respectable line of life. –

The system of assignment in regard to male convicts has been loudly and unequivocably condemned; I confess I think myself, too loudly and too indiscriminately, though I

P133

Am not insensible to the many and obvious objections which may be urged against it. – But whatever these objections may be, they apply with at least equal weight to the case of females, aggravated, as it seems to me, by other and peculiar objections which will readily suggest themselves. – I have no doubt that the local Govt. do their utmost to throw the shield of their protection around these women; – but the difficulty of obtaining admission for them into respectable situations is notorious , and, assigned to the less scrupulous and less moral portion of the Community to suppose that they must

P134

Be continually exposed to criminal solicitation, to grievous oppression, and often to personal violence; while from their previous character, little confidence is place or can be placed, in the truth of their complaints, if they should venture, or be disposed to complain to superior authority. –

Yet I am unwilling to believe but that, even among these women, there are some, perhaps even many, who may be capable of better things; on whom instruction, care superintendence, and, above all, the stimulus of hope, might work beneficial effects, and make their sentence, instead of being a curse to themselves and to

P135

The colony, contributory to the advantage and benefit of both.-

But in anxiously considering this question with my colleagues, we are decidedly of opinion that no real amount of good can be effected, without putting an absolute stop to the system of assignment of females; and I am there fore to convey to you the instructions of Her Majesty’s Govt. that you do not permit the future assignment of any female convicts who may arrive subsequent to the receipt of this dispatch, or who may not have been already assigned.

I am aware that this may occasion, in the first instance, some, and perhaps a considerable increase of expense; – but Her Majesty’s Govt. are

P136

Of opinion that the interests involved are too important and too urgent to allow such considerations to interfere with the immediate adoption of a system recommended by motives of justice and humanity. –

You will therefore consider yourself authorized, in respect of Females who may hereafter arrive, either to hire buildings for their confinement and superintendence, apart from those who are already in the Colony, or, if that cannot be accomplished at a reasonable expense, to detain the convicts ship in which they may arrive, and in which some arrangements will have been made for their classification, and to allow them to remain on board until you shall,

P137

Be able to effect some more permanent arrangement.

All accounts which I have received, concur in representing the state of the female factories at Hobart Town and Launceston as exceedingly discreditable; – as crowded to such an extent as not only to have rendered it necessary to abandon all attempts at employing the greater portion of the prisoners, – but as defying all classification and subjecting every class of offenders to the contamination of mutual bad example, in rooms so crowded, that, according to very highest authority, it has occurred, that the whole of the Prisoners have been unable to lie down at one time, and

P138

That a portion have been kept standing while others rested.

In these factories are confined convicts who are unable to obtain assignments, together with those who have been return from assignment for the purposes of punishment, and those, who, being with children from illicit connexions, are thrown back on the hands of the Govt, and who, after their delivery, and being attended to at the Public Expense, again go forth, leaving their children a burden on the Public, through the whole period of infamy and childhood, to return again, in many cases under similar circumstances.

This is a system which it is necessary altogether to remodel, while

P139

It continues; – the evil which it engenders is constantly perpetuating and increasing itself – the respectable person will take a servant out of such a school; those who go out from it, go out to all sorts of temptations and vice – and again return, adding, by their numbers to the crowds which render discipline  impossible, – and by their language and example, to mass of vice which  prevents the inmates from being healthily absorbed into the population. I proceed to state to you the manner in which Her Majesty’s Govt propose to deal with a state of things so fearful, and requiring so urgently a prompt and effectual remedy.-

It is our intentions that measures should

P140

Be adopted, with the least possible delay; for the construction in a healthy situation, inland, and at a distance certainly not less than 20 miles from Hobart Town, or a Penitentiary upon the most approved plan, capable of containing at least 400 female prisoners,- Instructions have been given to the Inspector of Prisons  in England to prepare the plan of such a building, which will be constructed at the expense of the Home Govt. Immediately on the receipt of this dispatch you will in concurrence with your council, institute enquiries as to the lest site for such a prison, – taking into consideration the healthiness of the situation, constant

P141

And easy access to good water, facilities of transport of building materials and especially in the neighbourhood of stone and timber; – but above all, the former. When, in conjunction with your Council, you shall have decided on the site you will immediately report to me your selection and the reasons which have influenced you in making it; – but you will not think it necessary to await any approval before you commence such preparations as do not require that you should have the plan before you. – It is necessary therefore that I should impress upon you the propriety of well considering every circumstance, before you incur the responsibilities of making a selection on

P141

Which so much depends. –

When you shall have decided you will communicate with the Director of the Probation Gangs, and remove thither as large a number of convicts as can be safely housed, and usefully employed, and occupy them in felling timber, quarrying stone, and all the more laborious work which will be required for the construction of the new Penitentiary.-

When the plans shall have been furnished to Her Majesty’s Govt, and approved by them, they shall be sent out, together with such persons as it may be thought proper to select here, for the purpose of superintending their execution.-

To this Penitentiary, when completed, it is the intention of Her Majesty’s

P142

Govt. that every female convict on her arrival, without exception should be sent for a period of not less than six months.

It is hoped that considerable improvement has of late taken place in the management and discipline of female convict ships. It will be the endeavour of Her Majesty’s Govt still further to improve the reformatory system on board, and to continue it, and keep alive the good feelings which it may have produced, after the arrival of the convicts on shore. I shall, in conjunction with the Secretary of State for the Home Dept. endeavour to engage the services of competent person to undertake the superintendence of this new establishment, who will be furnished with

P143

Detailed rules for their guidance, and for the conduct of the penitentiary, in which we shall endeavour, as much as possible to surround the convicts with attendants of their own sex.

I have already stated to you the intention of Her Majesty’s Govt. to apply to Parliament without delay for an amendment of the Act 2 and 3 w 4 which has hitherto prevented the issuing of Tickets of Leave to Female Convicts, until the expiration of a considerable period of their sentence, Ive propose, when that act shall have been amended, that any female convict who shall have conducted herself properly on board ship, and during the six months of her imprisonment, shall obtain, not a Ticket of

P144

Leave in the first instance but a probation pass, upon the same principle which I have already explained to you in reference to the male convicts, – that the contract observed shall be entered into t the Penitentiary itself, with the consent of the convict, and subject to the approbation of the Governor – It will be expected that, in all cases, the employer should be bound to afford to the convict his personal protection in removing her to the place of her service. –

During the whole period of the six months, constant reports will be made and retained as to the conduct of the prisoners;- and no prisoner will be allowed the privilege of a probation pass, unless he conduct, on the whole, shall

P145

Have been satisfactory.- It may be superfluous for me to add, that it is intended to regulate the gradual advance of the female through the stages of probation passes and Tickets of lave, on the same principle, which are directed to be applied to make convicts; – with same inducements to good conduct, and similar penalties attached to bag, during each stage of the process. –

It is hoped and believed that, by regulations such as I have described an incentive to good conduct will be held out to the convict from the very first, in the hope not only of escaping from the coercion of prison discipline, but in that which she can hardly have in any case

P146

Under the present system of redeeming her character, and being readmitted, after a graduated system of probation, into respectable and virtuous society. –

Ive hope also that the knowledge of these precautions on the part of the Govt. will tend materially to diminish the reluctance of respectable colonists to engage the services of female convicts, – a reluctance which it is obvious, on the present system, nothing but absolute necessity can overcome, on the part of any persons with whom it can be desirable to place convicts.- We are rather led to indulge this hope, because we are informed, on the high authority of the late Colonial Secretary, that there is even now no difficulty in obtaining employment for females with Tickets

P147

Of Leave, and that the instances are very rare indeed in which Tickets of Leave have been again forfeited by females who have been fortunate enough to obtain them.

However, painful may be the condition of those unhappy women who may now be undergoing the sentence of transportation I feel in absolutely essential to the hopes of success under the new system, that no transfer should take place from the existing factories to the intended penitentiary; – at the same time, I am very anxious  that the inmates of the former should not be left in their present hopeless condition; – and I have therefore to instruct you to cause immediate enquiry.

P148

To be made into the present state of the factories, both at Hobart Town and at Launceston, and to endeavour to ascertain the practicability, even in their present crowded condition, of improving the classification, and effecting a more complete separation between those who may seem wholly irreclaimable, and those of whom better hopes may be entertained. You will be authorized to hold out to the latter, and even to the former the hope that , when the law allows it, probation passes, the nature of which you will cause to be explained to them, may be indulgences and still more the higher one of Tickets of Leave, will be

P149

Dependent wholly on their own conduct,  and on their ability, consequent on such condict, to obtain employment.

If you shall succeed by these means in diminishing the existing pressure on the factories, you will endeavour, by improved arrangements, to make them, what I fear they are not now in any degree places at once of punishment of employment , and of reformation; – and you  will constantly bear in your own mind, and endeavour, to impress on those of the convicts, that while the degradation of assignment is finally put to an end to, the privilege of employment in private service can only be the consequence

P150

, the reward, and encouragement, of good conduct.

When the new system shall be in operation, it is to be understood that the penitentiary about to be built, is to be devoted exclusively to the newly arrived;- that the places of punishment will be the factories;- and that those, who having obtained probation passes, or Tickets of Leave will if they forfeit them be returned, not to the penitentiary, but to the severer discipline of the factory,- for the regulation of which in such a sense it ill be necessary to provide.-

Under the system which we propose, it is calculated that six hundred

P151

Females annually maybe expected to pass through a penitentiary capable of containing four hundred at one me; – and should it happily succeed, as , with God’s Blessing, we may reasonably hope that it may, he Govt. will ct on the principle of carrying into effect almost universally the sentence of female transportation, in the belief that, by so doing under proper restrictions, they will be conferring a benefit on the Colony, at the same time that they give to the convicts themselves the best prospect of regaining character and station both of which, in this country, would be wholly hopeless, and, I fear, at present even

P152

Moreso in van Diemen’s Land.

I have not entered , in this dispatch, into minute details. – I have rather desired to put you fully in possession of the views and intentions of Her Majesty’s Govt. as to a system which cannot be brought into immediate operation, but for the adoption of which it is desirable

That immediate preparation should be made; – and I feel assured that the vital importance of the subject will render it quite unnecessary for me to comment it to your immediate and anxious attention.

I have & c

(signed) Hanley

p153

Launceston Factory proceedings

P154

Sc No1 Copy

Launceston Juny 23rd 1843

Sir

By this day’s mail I have addressed a letter to the government on the subject of the work now in progress in front of the Gaol and Factory by the Gange under  your charge and as it is very doubtful whether injury instead of benefit might not accrue from its completion vz whether without the sanction of the Government. You are authorized to alter the works of your predecessors. I have the honor to request that you will cause the work in question, scarcely? In part of the Gaol and factory to be suspended until the will of His Excellency the LIeut. Governor be made known to send? Whether or not he deemed it advisable that the court? should be proceeding forth>

I have &c

Signed  Edwrd St Shaun

Major & Commandant The Town Surveyor

(no 2)

p155

(no 2)

Town Surveyor’s Office

23 Jany 1843

Sir

I have the honor to state that I have this ???? received a communication from Major St Shaun in his capacity as Commandant respecting the work the Town Surveyors party  have been engaged upon for some weeks past in compliance with the directions of the Police Magistrate to render Patterson St complete, (I have as the Pol’e Magistrate is absent on leave) in furtherance of the wish of the commandant suspended the work, and have to request that surveyor general may be instructed to direct the resident officer, of the department at Launceston or some other competent person to inspect and report on the work in question as I feel satisfied that the same is not only free from causing either directly or remotely any injury but will be found most beneficial in its object and results, it being the greatest thoroughfare in Launceston.

I have &c

Signed

L?H Moore

(No 3)

The Colonial Secretary

P156

To: The Police Magistrate

Town Surveyor’s Office

Launceston 24 Jany 43

(no 3)

Sir,

Herewith you will receive copies of a correspondence originating with Major St Shaun?  The “Commandant of Launceston” respecting work there being executed? By the Town Surveyors Party in Patterson street, which time would not permit being prepared and sent to you  for your information before port? Swan? Yesterday.  I shall merely observe that altho’ you will perceive I pledged myself in my letter to the commandant not to allow any fresh portion “of the street being altered the Commandant nevertheless thought proper to go to the works after he had received my letter acquainting him that it was under your directions. I was acting and prevent the removal of the surplus stuff which had been previously raised by ordering of the horses and cart of those persons who voluntarily furnished them in aid of the work then in progress, – which is much to be regretted as those parties may not be again induced to render such essential voluntary aid the labour of removing the surplus

P157

Soil there being valuable both as respects time and vast suornig? of Prisoners labour by the sand? Carts, which such voluntary contribution of the Horse carts displaced –

The authority under which I complied with the commandant’s request to suspend the work in question is contained in a letter addressed to me by the Colonial Secretary of hich the following is an extract –

2 1124  16th Sept 1842

With regard to that portion of your letter addressed to the Police Magistrate in which you complain of the interference of Major M Shaun I am to acquaint you that it is incumbent on you to pay due attention to those instructions of Major St Shaun? Which His Excellency may have entrusted to him as the Commandant of Launceston.

I have & c

Signed  L?H Moore

(no 4)

p158

(no 4)

Copy

I beg to forward these papers for the information of the chief   Police Magistrate the work in progress by the Town Surveyors Party is a most excellent improvement in my opinion, I am not aware to what extent the Commandant is authorized to interfere with the Town Surveyors Gangs but I have before me a letter to the Pol Magt from the Coln Secy dated 20 Sept 42 marked LH24 wherein it is stated that Mr Moore was directed implicitly to abide by the instructions which the Pol Mag might issue – it does not however contain the communication created? By Mr Moore from a letter from the Coln Secy of the same mark and date! How if/is?  Major St Haun? If justified in the step he has taken  it would seem that both the PM and Town Surveyors must be under his control and that it will become necessary for the PM before giving any orders to submit them for the approval of the commandant – In my humble opinion a great injury has been done by stopping the work in a thoroughfare where upon the average 350 resides pass in a day and independent of my own judgement I am credibly informed that no danger whatever exists in regard to the factory and gaol to the completion of the improvements in question.

I transmit this correspondence to the CPM because it appears to me to mode? a question  of interference with the Police which cannot I think work? Beneficially to the public service.

Signed

A Gardiner

APM

20 jany 43

(no 5)

[unreadable word bottom left]

p159

[crossed out corrections to letter that is on other side – p 158]

p160

(no 5)

Copy

TS Office

Launc

28 Jany 1843

Sir

With reference to my letter under date? 24 instant transmitting copies of correspondence with the Commandant of Launceston respecting the work then in progress under your directions opposite the gaol and female factory but which has been suspended at the instance of the Commandant. I was ? now to submit to you an official note pour?  Jas. Scott Esq Surveyor at Launceston whose professional opinion I trust will set aside all doubt of the utility and necessity of the completion of the work in question – And as I apprehend / should a change of weather take place/ that a weeks delay now might throw the work into that state as would cause such an excess in expenditure  of labor, materials and consequently time as most materially to interfere with if not totally interrupt  the completion of the other works you contemplate being done – I am to request your instructions at your earliest possible convenience.

I have &c

Signed

J?B? Moore

(no 6)

to: The Police Magistrate

p161

(no 6)

Copy

Launceston 27 Jany 1843

Sir,

In answer to your letter of the 24th inst. Requesting to have my opinion of the work now in progress under your directions on Patterson Street opposite the jail and Female Factory – Having examined the same in your presence. I beg to state that in my opinion the same is both judicious and beneficial and when completed will be a very great improvement to that part of the street and render that approach to be town to be much easier than it is at present.

I have & c

Signed James Scott

LH Moore Esq

(no 7)

(Copy)

I beg to forward these papes in reference to my communication of the 26 inst., it is of importance that the work should not be any longer delayed – the street as it is now left is in a dangerous state.

I have &c

Signed

A Gardiner

Acting Pol Mag

30 Jany 1843

The Chief Police Magistrate

(no 8)

p162

No 8

Major St Haus?  Letter to colonial Secretary referred to Police Mag. For his reports.

The Lt Governor approving of the suspension of the work  until the same? Was received and his decision made known. –

Received 1sr Feb 43  form?

Colonial Secretary

P163 *[inserted ¼ of page piece of paper]

I have instructed Lt? Moore not to reduce the earth next the walls in the least degree

And the formation of the postway next to the gaol wall at one end will cause an addition of earth, at the other end it will remain at its present height.  I  am not…

P164

*[inserted ¼ of page piece of paper]  – red dot seal on back of this slip of paper].

No 9.

Copy

Polie Office Launc

2nd Feby  1843

I have the honor to acknowledge the receipt of the papers accompanying your minute of the 31st inst and marked as per margin

I am of opinion…

P165

[red dot seal on top of the page]

No 9

I am of opinion that the work referred to in that correspondence should proceed with as little delay  as possible – I forward Mr Parkers/Packers report upon the subject of danger to the gaol and female factory wall *

I must beg to confirm the opinions expressed and the observations made by the Magt acting during my leave of absence relative to this subject upon the papers which were forwarded to the Chief Pol Magt on the 26 and 30inst. Particularly with regard to the two letters from the col secry dated 20 Sept 43 amounted £1124 I have been hitherto altogether in ignorance of the real nature of the letter addressed to Lt Moore upon that occasion.

[behind bottom slip of paper]

If it was in strict accordance with the letter? Then addressed to me of course was my conclusion? Extremely? Regret now to find that it was otherwise and that in fact my acts? Have been rendered subject to the control of another public office without my hearing any knowledge  that

Colonial Secretary

P166

Such was the case – Should his Excellency the Lt Governor deem it shall ? necessary to vest any power or interference with the Town Surveyors’s Gang in two persons. I must very respectfully request that I may be relieved from the duty of Superintending that party at the same time I beg you will assure His Excellency that it is my sincerest desire on all occasions to forward the objects of the Govt. but I conceive it to be not only difficult but almost impossible for the duties of the Town Surveyor’s Department to be properly carried out if such interference be allowed on the part of the Commandant  at Launceston as has been experienced in the pressed instance in abruptly putting a stop to the works in Patterson St.

I have &c

Signed

WH? Breton?

P167

Tim did not admit of a copy being taken of Mr Packer’s report –

It was to the following effect.

If the earth is removed from the gaol wall it would certainly endanger it but if the improvement is carried out as represented by the town surveyor viz not to lower the side of the street  next the gaol and factory there will be no danger to the walls.

P168

£1433

Colonial Secretary’s Office

3rd January 1843

Sir,

I am directed to acknowledge the receipt of your letter of the 2nd instant to an alteration in the road in Paterson Street which has been commenced by the Town Surveyor and I am to acquaint you that the Lieutenant Governor approves of the work being proceeded with, care being taken not to lower the side of the street adjoining to the gaol and factory so as in any degree to endanger the safety of the buildings.

I have the honor to be

Sir,

Your obedient  servant

J Moores

The Police Magistrate

Launceston

P169 [back of p168]

Copy of minute forwarding the copy of this letter to the Town Surveyor

4 th Feb 1843

This copy of a letter from the colonial secretary is forwarded for the information and guidance of the Town Surveyor who will be pleased to pay practical attention to the latter portion of it.

Resigned

MH Breton

P169

Jany 7 – Feby 2   ‘43

Correspondence

Town Survyor

Colonial Secretary

Commandant

Work in Patterson street.

P170

Colonial Secretary’s Office

8th August 1843

Sir,

I am directed to acknowledge the receipt of your letter of the 3 instant in reply to my communication of the 1st relative to an alleged refusal on your part to hold an inquest on the “Body of a Young Lady” who may?

H? St Breton Esq

Coroner

P171

said to have died   mysteriously and to acquaint you that the Lieutenant Governor has expressed his approbation of the course adopted by you on the occasion alluded to.

I have the honor to be,

Sir,

Your obedient Servant

J.E. Bicheno

P172 [back of p171]

8 Aug 43

Colonial Secretary

Relative to an alleged refusal

To hold an

Inquest

P173

[to] H st Breton

Launceston

Colonial Secretary’s Office

10th October 1843

Sir,

In reply to your letter of the 5th instant, I am directed to acquaint you that the ? William Fletcher whose name appears in the list of Magistrates published in the Government Gazette of the 29th ultimo

P174

Is not the gentleman to whom you allude, but that the Lieutenant Governor will be happy to avail himself of your recommendation in favor of JW? William Fletcher of Launceston by placing his name in the Commission of the Peace.

I have the Honor to be

Sir,

Your obedient servant

J.E. Bicheno

P175

10 Oct 1843

Colonial Secretary

Mr Wm? Fletcher

Will be placed in the Commt of the Peace

P176

[to]

Police Magistrate

Launceston

Colonial Secretary’s Office

10 December 1846

Sir,

I have the honor to inform you that His Excellency has decided that the course formerly pursued in issuing Deeds of pardon to convicts entitled to them, shall in all future applications be reverted to viz that the personal description of the convict, and the fee of 3/6 for registering the Pardon shall be forwarded by the Police Magistrate of each District before any Deed of Pardon will be issued but instead of

P177

Being transmitted, as formerly, to the office of the registrar of the Convict Department they must be sent to this office from which the pardons issue.

I have also to inform you that I cases where the holder of a Deed of Pardon applies for a pardon with extended conditions, a fee of 2/6 is to be demanded, and also forwarded to this office with the Deed in questions.-

I have the honor to be

Sir

Your obedient servant

J.E. Bicheno

P178 [back of p177]

10 Dec 1846

5/6 to be forwarded ? applications of C.P.

& 2/6 for extended

documents.

P179 [nb: the letter ‘c’ in handwriting  below resembles a contemporary @ symbol]

[little stamp  top left corner:

RECEIVED

Colonial Secretarys

Office

December? 14 1847

77

No. 693

Submitted to the Governor with the remarks of the Police Magistrate of Launceston  J.E.B.

Jan? 10

To Sir Thomas William Denison K L/U

Lieutenant Governor of Van Diemen’s Land

&c  &c  &c

The humble Memorial of the Licenced Waterman of the Port of Launceston,

Respectfully Sheweth.

That Memorialists are legally licenced to ply on the river Tamar, and that the fares charged by them are regulated annually  by the Court of Quarter Sessions.

The Memorialists have been informed that boats belonging to the Public Departments are not permitted by your Excellency   to be employed in any manner to interfere with Memorialists in their occupation of Licenced Watermen.

That notwithstanding such Orders from Your Excellency’s Memorialists suffer very materially in consequence of Boats in the Marine and Custom’s Departments, making a practice of taking passengers to and from the wharf to the Shipping and about in various parts of the river.

Memorialists therefore most respectfully pray Your Excellency to issue such presumptory? Instructions as will effectually prevent the continuance of the practice complained of which deprives Memorialists of their legitimiate trade and subjects them to serious pecuniary loss.

And your Memorialists

As in duty bound

Will ever pray

William Wilkinson [signed]

Edward Theosophilus esq ?

Edward Corney

Anthony Colvin?

David McCole

P180

[back of p179]

There can be no objection to an officer giving a lift to a friend but the crew should not be allowed to  ply – orders to be given to that effect.

Answer Memorialists immediately

Will the Police Magistrate  at Launceston make the gentlemen connected with the customs and marine depts. Acquainted with the Lieutenant Governor’s wishes on this subject, ???  ???  ????

J.E.B.

B Jan 7 1848

P181

W Tarleton Esq

The Govt Board of ???  July????

P182

13 Jany 1848

Col Sectry

Licenced Boatmen

Compt of Customs

Boat

P183

C 371

[to] Police Magistrate

Launceston

Colonial Secretary’s Office

2nd March 1847

Sir

I am directed to acquaint you that the Lieutenant Governor has had before him certain papers connected with the permission given to Murray and Co to construct a tank upon the wharf at Launceston upon payment of a small annual rent.

His Excellency has also had before

P184

Him a representation that the firm of Murray and Co does not exist – that Murray is dead, or has, at any rate, left the colony; – and that the person who holds the interest in the tank is a man named Ackerman a convict clerk in the Post Office. –

Under these circumstances I am to request that you will obtain all the information in your power as to the existence of this partnership and report the result of your enquiries to enable His Excellency to

[Right margin in pencil: Murray & all his family left the colony ?? is reporte he is dead? In New South Wales…. Ackerman sole aostenicble? Proprietor]

p185

decide upon certain matters submitted to him in connexion with the subject.

I have the honor to be

Sir

Your very obedient Servant

J.E. Bicheno [signed]

P186

2nd? March 1847

Col Sectry

Ackerman and

Murrays Water

Tank

P187

C371

[to] Police Magistrate

Launceston

Colonial Secretary’s Office

11th March 1847

Sir

With reference to your letter of the 6 instant, reporting the result of your enquiry as to the existence of the firm of Murray and co – I am directed t acquaint you that the Surveyor General has been instructed to give 24 hours notice to Ackerman to remove the Tank, and I am to request that you will

P188

Inform that person that his employment in a public office precludes him from engaging in any such matters as have now been brought under His Excellency’s notice; and that if he wishes to retain his situation he must cease to do so.

I have the honor to be

Sir,

Your very obedient servant

J.E. Bicheno (signed)

P189

11 March 1847

Col Sec

Ackerman’s

Tank to be

Removed

P191

date Name and condition of party accused Nature of offence How disposed of remarks
April 1847 Michael Casey Pr,British Sovereign  Ticket of Leave Assault with intent on femaleChild 4 yrs old 3 yrs in chains at PortArthur & 50 lashes According to the evidenceIn this case the completionOf the crime was onlyPrevented by theAccidental presence

Of the father of the child

In ??? adjacent to which

The attempt was made

May 1847 Owen Coyle PRRichard Webb Ticket of Leave Ditto about 7 Committed butDischarged by theAttorney General to beticsummails? AtWestbury
June 1847 George Neil?  PrAsia 4 Conditional Pardon Rape on child Capitally convictedAnd sent to NorfolkIsland In this case the childCaught venerealDisease from thePrisoner which led toHis discovery
July 1847 Jno Kelly prJupiter Passholder Sodomy with male adult Acquitted of capitalOffence. 9 months toPort Arthur for theassault This offence occurredat the L Barracks on theperson of a soldier
Novr 1847 Geo Neale prSt Bodington Passholder Assault with intent on malechild 18 months hardlabour in chains
Dec 1847 Fred Dring  prLayton 3 Ticket of Leave Attempt at beastialitywith a Bitch 9 months to PortArthur
Jany 1848 unknown Assault with intent on femaleChild of S/J Hunter There is little doubt thatThis capital offence wasIn this case completedThe parents howeverRefused to give the

Police any account of

The matter. The neigh-

Bour from whom the

Information was derived

Was not in possession

Of the particulars.

March 1848 William BellMarion passholder Assault with intent on a femalechild 18 months in chains
P190March 1848 unknown ditto Not sentenced.Supposed to haveEscaped from thecolony Warrantsissued
May 1848 unknown Ditto of F. Newell —— In this case the partyattempted to take thegirl into an empty househaving previously takendisgusting liberties with

her he was however

disturbed and foiled in

his purpose by the sister

of the child.

June 1848 unknown Sodomy with female child of WBeecroft ——— The evidence of thesecasesHas been furnished toHis Excellency
July 1848 Wm Barnes? Tortoise Passholder Assault with intent on a femaleChild of L Peat Sentenced PortArthur The evidence of thesecasesHas been furnished toHis Excellency
July 1848 Henry ShackGovernor Ready FS Sodomy and rape on a femalechild Discharged by theAttorney General toBe reformed?? The evidence of thesecasesHas been furnished toHis Excellency
July 1848 Unknown Assaulted with intent on maleChild of J . West Particulars not known

copy

I wish to ascertain Wm Tarleton’s opinion as to the frequency of crimes of this description – whether he considers that many offences of this description are committed upon individuals who do not apply to the police?

[signed] W.D.  15 Sept. 1848

p191 [a5 page insert between p189-190]

no 2221

[to] The Police magistrate

Launceston

My dear Sir,

To save tie I send you a  minute addressed to me by the Lieut Governor and by you will favor me with the information requested in it at your very earliest

P192

possible convenience.

For the same reason I have not forwarded it through the Chief Police Magistrate.

Your very sincerely J.E. Bicheno

15 Sept. 1848

p193

48 Secry

term? Of unnatural? Cases

p194

[to] Police Magistrate

Launceston

No 3299

Colonial Secretary’s Office

22nd June 1849

Sir,

The Lieutenant Governor has had before him a letter from Mr W R Pugh, soliciting the privilege of receiving into St John’s Hospital at Launceston a certain number of pauper patients, to be paid for by the Government, at the same rate as is charged by the Commissariat for the treatment of paupers in the Convict Hospital.

His Excellency is willing to accede to this proposal; and I am to request that on receiving the Lieutenant Governor’s approval of any application from destitute persons for

P195

Medical treatment, – but being lunatics, or labouring under incurable diseases, – you will forward such person to St John’s Hospital, taking care, however, not to exceed the number which can be accommodated therein, for under any circumstances beyond ten. Of this fact you can inform yourself by a reference to Mr Pugh.

Mr Pugh will probably desire that the payments on this account should be made monthly, and it will be desirable that a nominal return of the pauper patients admitted, showing the periods during whch they have been severally received medical treatment, should be made out by him and furnished to you, and that you should certify to the correctness of the return after a personal inspection of

P196

The Hospital books. By these means a check will be kept on the accounts sufficient to satisfy the Commissioners of Audit in England.

I have the Honor to be

Sir,

Your very obedient servant

J.E. Bicheno

P197

22 June 1848

Col Sec

Pauper Patients

To extent of 10 may

Be sent to St Johns

Hospital

P198

[to] Police Magistrate

Launceston

No 3238

Colonial Secretary’s Office

9th July 1849

Sir,

With reference to my letter No 3328 of the 23rd ultimo the Assistant Comptroller of Convicts has reported that the Superintendent of the Prisoner’s Barracks has been instructed in the event of the death of a pauper patient in St John’s Hospital to furnish men to dig the grave and carry the coffin, upon your requisition, in the same manner as if such pauper had died in the convict Hospital.

I have the honor to be,

Sir,

Your very obedient Servant

J.E. Bicheno

P199

9 July 49

Col Sec

Convict  Department

To supply bearers

For pauper coffins

P200

[to] William Tarleton Esq

Police Magistrate

Launceston

No 3038

Colonial Secretary’s Office

27th April 1849

Sir

I am directed to acquaint you that a Captain Gardiner has not intimated his intention of resuming his function as Coroner at Launceston; His Excellency has been pleased to approve of the duties devolving on Mr Kennedy whose long services appear to the Lieutenant Governor to be deserving of this consideration, and who will

P201

Receive his commission of Coroner for that prupose –

I have the honor to be

Sir

Your most obedient servant

J.E. Bicheno

P202

27 April 1848

W Kennedy

Coroner

P203

[to] William Tarleton Esq

Police Magistrate

Launceston

No 3483

Colonial Secretary’s Office

11th September 1849

Sir,

I am directed to acknowledge the receipt of your letter of the 10th ultimo respecting the appropriation of the money collected in the District of Launceston for the registration of dogs, – and I am to acquaint you that the Lieutenant Governor is desirous of leaving the proportion  to be paid for the several roads

P204

Of the district, to be settled by Public Meetings of the parties interested, – it being understood that the sum collected in the Town shall be applied under the directions of the Town Surveyor.

I am therefore to request that you will have the goodness to put yourself in communication with the several parties, in order that effect may be given to the wishes of the Lieutenant Governor.

I have the honor to be,

Dir,

Your very obedient servant

J.E. Bicheno

P205

11 sept 1849

col sec

Application of

Dog Money to be left in Public meeting

P206

[to] W Tarleton Esq

Police Magistrate

Launceston

No 3483

Colonial Secretary’s Office

31 July 1849

Sir,

I am directed to acquaint you that a communication has been received, signed by W.M. Henty and other “inhabitants along with line of the George Town Road heading from Launceston”, requesting that the monies received in that District for the registration of Dogs may be expended in the repairs of

P207

The above mentioned road commencing with the Bridge.

With reference to this application I am to request that you will be good enough to ascertain and report, what extent of the George Town Road is proposed to be comprehended, and what amount has been collected, under the Dog Registration Act, in that part of the district – The Collections in the District of Launceston are appropriated by the ??? to the repair of the streets in the Town, and the approaches thereto, in the former….

P208

The Colonial Secretary

August 10th 1849

In reply to your communication of the 31st ultimo in reference to the appropriation of the money received  in this District for the registration of Dogs, I have now the honor to lay the following information before you for his Excellency’s consideration.

The amounts collected under the present Act at this Office re as follows.

From April 1st 1848 to April 1st 1849 within the limits of the Town  £85.11.3

Along the line of the George Town Road £10.1.6

In other parts of the District  31.3.-

TOTAL  £126.14.9

From April 1st to July 31st 1849 within the limits of the Town  £41.10.-

On the line of the George Town road £5.12.6

In other parts of the district £14.19. –

TOTAL  £62.11.6

According to the tenor of the… [ go to p 211 for continuation of this letter]

Left margin: With reference to this amount I would mention that many dogs  are daily being registered, that informations are being laid against those who have neglected to comply with the provisions of the act, that I doubt not a much larger sum may be anticipated than that set down here.

P209

Appropriation clause of the act, the first item in these amounts must be handed over to the Town Surveyor, to be expended in the repairs of the streets and the approaches thereton, under which definition the George Town Road for a certain distance must I think in fairness be classed Mr Henty’s opinion is, that the road across the swamp, a distance of about two miles form the Town, should be so considered, but as there are then approaches, and other interests to be cared for this may possibly be thought an excessive demand with reference to the limited means at command : how far however the approaches to the streets in any directions, should be considered the tend , is a matter for His Excellency’s decisions, and should I suggest be made the subject of special instructions to the Town Surveyor, an officer who I am happy to say, say proved himself most

P210

Efficient and energetic in the discharge of his duties, and who under due directions, would I am assured expend the money entrusted to him fairly and to the satisfaction of all concerned.

As to the sum obtained outside of the Town Boundaries, and which is directed by the Act to be devoted to the repairs of roads in the District, it would seem to me the wisest course to leave the inhabitants to decide in public meeting as to the manner of its expenditure and the parties to whom its outlay, is to be restricted : this plan will be in accordance with the source pursued in other Districts will prevent all cavil or imputation again the Government of Partiality in the decisions of the money, and will I am confident, given general satisfaction.

I am &c

Sd  William Tarleton

PM

P211

Former case under the management of the Town Surveyor. But it has been unusual for the Lieutenant Governor to withhold his sanction form the grant of these collections in places other than Hobart Town and Launceston, until the inhabitants themselves in public meeting assembled, should agree as to the mode of appropriating them, and appoint the person who should manage the works.

I have the honor to be,

Sir,

Your very obedient servant,

J.E. Bicheno

P212

31 July 1849

Col Sec

Mr Henty’s application

For Dog Money . –

P213

Exhibited in Evidence

W Gunn? [signed]

P214

To the Deputy Registrar of the District of Launceston

Notice of Marriage

I hereby give you notice that a marriage is intended to be had within three calendar months from the date hereof, between me and the other party herein named and described (that is to say),

Name: Patrick Brady

Condition: Bachelor

Rank or Profession: Labour

Age: of full age

Dwelling Place: Launceston

Length of Residence: swore? The fifteen day

Church, Building Office or Private House in which the Marriage is to be Solemnized: In the Independent Chapel, Jac??? Street, Launceston by the Reverend Chaplain Price?

Name: Ellen Webb

Condition: Spinster

Rank or Profession: ——

Age: of full age

Dwelling Place: Launceston

Length of Residence: swore? The fifteen day

Church, Building Office or Private House in which the Marriage is to be Solemnized: In the Independent Chapel, Jac??? Street, Launceston by the Reverend Chaplain Price?

Witness my hand this: eleventh day of May 1855

Patrick Brady [signed]

P215

VAN DIEMEN’S LAND

To wit

Patrick Brady of Launceston Labourer

Maketh oath and saith that he this Deponent is free, and that ELLEN WEBB

Named in his Notice of Marriage is also free, and that he this Deponent believes there is not impediment of kindred or alliance or other lawful hindrance to the said Marriage, and that the said PATRICK BRADY

Has had his ususal place of abode in LAUNCESTON during the last fifteen days – and that this Deponent is of full age – and that the said ELLEN WEBB is also of full age.

Sworne before me  Pat Bready [signed]

At Launceston this eleventh day of May 1855

John Crisp

Deputy registrar

P216

No 6255

Colonial Secretary’s Office 7th August 1851

Sir,

With reference to the application of Mr A.M?. Milligan on behalf of the Launceston Benevolent Society submitted with your recommendation on the 23d ultimo I have to inform you that the Lieutenant Governor approves of the Society in question sending persons coming under its notice and requiring medical

[to] Police Magistrate

Launceston

P217

Treatment to the Colonial Hospital on payment of a shilling a day for each patient, provided the accommodation be not required for patients maintained by the Government.

I have the honor to be

Sir

Your very obedient servant

P Muir?

P218

7 Aug 1831

Col Sec

Benevolent Society

Patients to Colln Hospital

At 1/ pr diem

P219

Ital?  Quin

J.S.

POLICE OFFICE

Hoobart Town

TASMANIA TO WIT

To the Sub Inspector of Police

And to all constables in the Colony of Tasmania, and to the

Keeper of the Gaol

At Hobart Town in the said colony

WHEREAS John Sweeney was this day

Charged before me one of Her Majesty’s Justices of the

Peace for this Colony on the Oath of THOMAS WESTBROOK of

Hobart Town aforesaid

And others, for that

He did on the seventh day of December 1861 at New Town in the Police District of Hobart in Tasmania unlawfully and maliciously inflict upon Louis Absolom, Hobart Town aforesaid certain grievous bodily harm by then and there driving over him with a Cab drawn by his horses thereby inflicting certain injuries to him ribs and face  and….

Committed for Trial

Therese are therefore to command you the said Constables to take the said

JOHN SWEENEY and him safely convey to the Gaol at Hobart Town aforesaid and there to deliver him to the Keeper thereof together with this precept and I do here by command you the said Keeper of the said Gaol to receive the said JOHN SWEENEY into your custody in the said GAOL and there safely keep him until he shall be thence  delivered by due course of law.

Given under my hand this 24th day of December 1861 at Hobart Town in the colony aforesaid.

N.Sailiton? JP

(no.151, Warrant of Commitment. (R.1.)

“The Magistrates Criminal Procedure Act”)

p220

Fully Committed

24 December 1861

SWEENEY John

F by S  7 years

Ol. Queen

Labourer

Age 28

R&W  P&S

Received 9 December 1861


END OF VOLUME

ms 3251 1834-1837 box 2 vol 4

ECHOES OF BUSHRANGING  Days in Van Diemen’s Land
BRADY, McCABE, PERRY, GEFFREYS and BRITTON
1834  to 1837
National Library of Australia Manuscript collection MS3251
box 2 volume 4 1834 – 1837
one of a series of nine volumes of official documents relating to Aboriginal people, Bushrangers, Convicts and Landed Settlers
Transcribed August and September 2009 by Rhonda Hamilton

TRANSCRIPT:

P1

February 1834 [in pencil top right]

Thomas Williams sworn oath I am a Constable at Launceston.  On the thirteenth day of February instant about Eleven oclock in the morning I went into John Griffiths house I saw there Richard Lowe a Prisoner of the crown he had absconded and was drinking some wine.   I first saw Lowe in Griffith’s house at Eleven oclock I took him out at half past twelve I heard him call for help

p2

? ? ? where I first saw him I thought he had ? when I took him away he was Drunk.

His mark Thomas Williams

Richard Hughes saith I am an  Overseer of the Chain Gang On the thirteenth of February instant I saw Richard Lowe a Prisoner of the crown who had Absconded in John Griffiths Public house he was drinking some wine he called for another half pint of wine, he was

P3

was drunk. Williams the Constable was with him.

His mark Richard Hughes

Fined Five Pounds and Costs

Police Office Launceston 28th February 1834. Present William Lyttleton and Geo Viney Esqrd.

P4

INFORMATION.

ISLAND OF VAN DIEMEN’S LAND, TO WIT.

BE IT REMEMBERED, that on the fourteenth day of February  in the Year of in our Lord One Thousand Eight Hundred and Thirty four at Launceston in the said Island of Van Diemen’s Land, cometh Anthony  Cottrell in his own proper person, who prosecutes for our Sovereign Lord the now King, as well as for himself in this behalf, before me, William  Kenworthy Esquire one of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, and giveth me the said Justice to understand and be informed, that John Griffiths licensed publican of Launceston in the said Island did on the thirteenth of February instant at his premises situated at aforesaid knowingly permit to remain drinking one Richard Lowe a Prisoner of the Crown not ? with a ? for ? in attendance not having the written authority of his Master ? ?  for the purpose of supplying Prisoner with reason the refreshment contrary to the Provisions of the Act in Council of this Island, No.

8. George 4th intituled “An Act for amending the hours to prevent the harbouring of ? or other offendent and to restrain their tippling and gambling.

For which said Offence, and by Virtue of the said Act, he the said John Griffiths hath become liable to forfeit and pay the Penalty or Sum of Fifty Pounds. Whereupon the said Anthony Cottrell prays that the said John Griffiths may be summoned to appear and answer to this Information, and make his Defence thereto.

Anthy Cottrell

Exhibited and taken the day and year first above written, before me,  Ts Kenworthy

Plea Not Guilty

P5

28 February 1834

Cottrell & Griffiths Publican

Breach of Act No 8 Geo. 4th

Fined Five Pounds

No 4/6          con 1/     5/6

Distress Warrant clk 8/8  Serving Con 2      10/8

P6

[large oversize page, folded]

Van Diemen’s Land To Wit

Thomas Prosser, of Launceston, in the Cornwall Division of the Island of Van Diemens Land, Yeoman, maketh oath, and saith, That on the evening of Wednesday last about the hour of eight of the clock that he this deponent as on his own Premises in Brisbane Street in Launceston, in the Cornwall Division of the Island of Van Diemen’s Land aforesaid then and there being in the King’s peace when a man whose name is to this deponent unknown and who as deponent is informed and verily believes is an assigned Servant to one Jourdan a Tailor in Launceston aforesaid came up to deponents gate and was in the act of opening the same to let out deponent’s Cow exclaiming that he would have five shillings for Her in the morning meaning for poundage upon seeing Deponent coming forward he  retreated to the adjoining Yard depondent followed and asked him (the man) what  business he had there and what he intended by opening depondent’s gate when he immediately raised his crutch and struck deponent several severe blows To wit one on the Right Eye and others on various parts of the body and at the same time using most infamous expressions towards Deponent and his deponent’s wife and this deponent therefore prays that Justice may be done.

Sworn at Launceston this fifth day of december in the Year of our Lord one thousand and eight hundred and thirty four; Before me Geo King JP

Thomas Prosser

P 7

Thomas Prosser further saith  the same prisoner William Bailey is the man ? in the aforesaid Information

Thomas Prosser

The prisoner states he was home before eight oclock.

Defence

Henry Shepherd sworn saith I hold a Ticket of Leave On the Third of December instant about Six Oclock in the evening I was passing Thomas Prossers house I saw a Child go and open Mr Prossers gate a woman came immediately and took it away it was not Dark I did not see Thomas Prosser. The Prisoner Bailey was wandering between Prossers and David Williams.

[indecipherable signature]

P8

William Jordan sworn saith – On the night of the third of December instant the Prisoner William Bailey was not at home at Eight Oclock ? when he returned he was ? liquor the head of his crutch was broken.

Wm Jordan

Twenty Eight Days Solitary Conft & on Bread and butter

6th December 1834

P9

6 Decr 1834

Prosser vs Bailey Prisr.

Assault

Decided [?]

?? this date

P10

[large oversize page, folded]

Van Diemen’s Land To Wit

AN INQUISITION indented taken for our Sovereign Lord the King at Launceston in the County of Cornwall the sixth and eleventh days of July in the seventh year of the reign of Sovereign Lord William the Fourth by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith before Peter Archer Mulgrave Esquire one of the Coroners of our said Lord the King for the said Country on views of the body of Henry Hunt then and there lying dead upon the Oath of John Keogh, William Milne, Joseph Hudson, George Coulstock, Thomas Fall, Joseph Dell, William Bransgrove, Charles Ross  Nairne, Samuel Farrar, Samuel Mance, James Whitehead and Samuel Salter good and lawful men of the said County duly chosen and being then and there duly sworn and charged to inquire for our said Lord the King when where how and after what ? the said Henry Hunt came to his Death do upon their Oath say that the said Henry Hunt came to his Death in consequence of certain wounds and fractures inflicted upon his head with a Musket by Isabella Kerr on the eighteenth day of June last in defending her Husband James Kerr from a Murderous attack made upon him by the said Henry Hunt at the Nile Rivulet in the County aforesaid of which wounds he lingered and lingering did live until the fifth day of July instant on which day he died in the Colonial Hospital at Launceston and the jurors aforesaid are of opinion that the conduct displayed by the said Isabella Kerr on that occasion was not only fully justifiable but deserves the highest commendation.

AND so the Jurors upon their Oath aforesaid do say that the said Henry Hunt was justifiably slain by the said Isabella Kerr in defence of her Husband James Kerr at the time and place and in manner aforesaid.

IN WITNESS whereof as well the said Coroner as the Jurors aforesaid have to this Inquisition set their Hands and Seals on the days and year and at the place above mentioned.

P A Mulgrave Coroner

John Keogh, Wm Bransgrove, Wm Milne, Chas. Ross Nairne, Joseph Hudson,  Sam Farrar [?], George Coulstock, Saml Mance, Thomas Fall, James Whitehead, Joseph Dell, Samuel Salter (his mark)  Jurors

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[in pencil]

Inquest on Henry Hunt killed by Isabella Kerr in defence of her Husband 1836

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Colonial Secretary’s Office, 25th September 1835

My Dear Sir

I beg to direct your attention to an Advertisement in the Cornwall Chronicle of the 19th Instant setting forth that “Forms for Tickets of Leave” may be had at the office of that Paper and as you are aware that such instruments are issued complete and properly authenticated, from this Department only, I request you will have the goodness to

W Lyttleton Esqre

Police Magistrate, Launceston

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to ascertain and acquaint me with the nature of the “Forms” referred to in this Advertisement.

I have the honour to be My dear Sir Your Very obedient Servant John Montagu

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25 September 1835

Colonial Secretary

Forms of Ticket of Leave at the Chronicle Office

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[half page, torn]

Copy. Inquest on the body of Henry Hunt Launceston 6th & 11th July 1835.

Verdict Justifiable homicide.

P A Mulgrave Coroner

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[half page, folded, written in pencil]

We find that Henry Hunt died of wounds inflicted by Isabella Kerr in defending her husband from a murderous attack made upon him by the deceased; & we are of the opinion that the conduct displayed by the said Isabella Kerr upon the occasion in question, was not only fully justifiable, but deserves the highest commendation.

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18 June 1836 [in pencil top right]

Van Diemen’s Land To Wit

The information on oath of Isabella Kerr wife of James Kerr who  saith on the eighteenth of June last my Husband and I resided on the farm of Mr James Corbett at the Nile Rivulet I saw my Husband in the garden digging Potatoes about two oclock in the afternoon about a quarter of an hour afterwards I was employed in preparing Dinner I heard some one call out Murder I ran to the Door and saw two men struggling together upon the Ground near a Potatoe bed about two hundred yards from the House one of them called out Murder and I knew by his voice it was my Husband I took my Husbands Musket which I saw him load the night before and went up to the men and said which is you Kerr which is you ?  they were so covered with dirt and dressed so much alike that I did not know which was my Husband he however replied this is me I then saw that he was uppermost the man who was undermost had a Pistol pointed against Kerr’s and appeared to be endeavouring to pull the trigger and my Husband  to prevent him I immediately put the Musket to the side of the undermost Man and said to my Husband shall I shoot him my husband said yes but instead of cocking the Gun I threw down the pan and spilled the pruning [?] accidentally I said I have spilled all the pruning [?] shall I hit him Kerr said yes turn your

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your piece. Mary Ann Lucas followed me from the House and was close  to me when I hit the man with the but end of the Musket in the Head when Mary Ann Lucas laid hold of me by the sleeve of my Dress pulled me away and said poor fellow poor unfortunate fellow do not hit him the man whom I have since learned was named Henry Hunt immediately jumped up and swiped [?] the Pistol which he pointed at my Husbands head  and as he rose to do so I struck him again with the Musket upon the head and he fell under my Husband and continued to struggle with him and said to me you Bugger I will shoot you he still held the Pistol in his hand and another laid by the side of him I tried to take the Pistol out of his hand but he held it too fast I struck him altogether four Blows , on the head  and the Musket broke the first or second blow I do not know which and when I struck him the fourth blow he threw his arms open and said strike me no more I am done and Kerr and I turned him on his face and took his Handkerchief off his neck and tied his hands behind him Kerr desired Mrs Lucas to go for a rope which was at the House she returned with it in about twenty minutes with the Rope My Husband said why did you not come quicker she said I could not come quicker we then tied Hunts feet with a rope Mrs Kerr asked him his name he said if you will untie my hands I will tell you my name Kerr refused to untie his hands and the man then said his name was Brown soon afterwards he said give me a drink Henry [?] and my Husband gave him some Water in about twenty minutes

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minutes a cart came from Mr Glover’s Mr James Glover was with it Hunt was put into the Cart and Mr Glover had it driven away and went with it some Men belonging to Mr Glover came with the cart one of them named  Travers said to Hunt well Hunt and Hunt looked at him and laughed   Mary Ann Lucas is Housekeeper to Mr John Senior and they live together as Man and Wife  I Remarked no signs of intimacy between her and Hunt.

her mark Isabella Kerr

Sworn before me this 11th day of July 1836

Signed P A Mulgrave

The information on Oath of Mr James Glover who saith I reside near Mr Corbetts farm at the Nile Rivulet on the eighteenth of June between three and four o’clock in the evening  in consequence of some intimation I received  I went to Mr Corbetts Farm and took  Cart and Bullocks with me  when I got near to the House I saw a Man sitting down in the Garden with his hands tied behind him and his legs tied with a rope it was Henry Hunt I had Known him eighteen months before when he was employed in the Survey Department I had six armed men with me and conveyed Hunt to my Fathers House when we arrived there it was about six o’clock in the evening I had him washed and refreshed with Tea and one of my Men asked him what he meant to do with Kerr when he went to his House he said he meant to shoot

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shoot him to make sure work of  it he said he knew there was half a chest of Tea and a Bag of Sugar in Kerr’s  House and he meant to take that and some Flour and what meat he could find and to carry it on Kerr’s mare to his own place which was behind Mr Simeon Lords Farm he said he never intended to tie Kerr’s hands but he meant to shoot him, he said he intended to shoot him three times. Hunt was perfectly collected when he said this the same night he told me that Captain Sergentson Rode after him and told him to stop and insisted on his going with him but he (Hunt)  said I will never be taken by one Man and if you do not go away I shall certainly shoot you but Captain Sergentson rode towards him again and said he would take him and that he Hunt then shot him dead he did not say that he did anything with the body he said the only thing that hurt his mind was the shooting of Captain Sergentson for he was a good Man and he was sorry he had done it he said that he had shot Humphrey Grey’s Shepherd because that man had appeared against him and got him a second Transportation  Hunt said there was no person with him when he went to rob Kerr’s House he said that he had left his two companions soon after they had attacked Mr Furlongs House but whilst some shots were exchanged they had ran away and left him and that he refused to continue with them on account of their cowardice.  There were four or five wounds in Hunts head when I saw him in Kerr’s garden

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garden and those wounds were in the same state except being washed and dressed with diachelum Plaister when I delivered him at the Gaol in Launceston the next day  Kerr accompanied me with the cart that conveyed Hunt from my House to Launceston and on the way we stopped to refresh ourselves when Hunt said to Kerr I did not expect to be so well treated on the Road and laughed and said “I had it all my own way and if it had not been for your Wife you would have been a dead man in two minutes  Kerr said did you mean to shoot me Hunt replied yes I meant to make a sure Game of it. Hunt said he would answer any questions that I Kerr or Mr Kennedy should put to him Kerr said did you  murder Captain Sergentson Hunt replied yes I did and Humphrey Grey’s Shepherd  Kerr delivered this Piece of a Broken musket to me and said that was the weapon that had done the business when I took it in charge the stock near the breech was covered with blood

Signed James Glover

Sworn before me this 1th day of July 1836

Signed P. A. Mulgrave

The  information on Oath of James Kerr who saith I am overseer to Mr James Corbett at the Nile Rivulet in the afternoon on the eighteenth of June I was digging Potatoes in my Garden about two o’clock I was alarmed by hearing my Dog Bark I turned round and saw a man coming from the Corner of an Old Hut about twenty five yards from me with a Gun cocked in his hand he presented the

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the gun at me and ordered me to stand or he would blow my brains out I stopped and he ordered me to kneel down I did so he then leaped a four rail fence that seperated us into the Garden with the Gun in his hand he turned and came up behind me I looked over my shoulder smiled and said who are you he replied I will very soon let you know who I am his Gun was presented at my back the Muzzle about the length of his piece from it it was cocked and he had his finger on the trigger I wheeled from my knees under the Muzzle of the Gun I rose up threw up the Muzzle of the Gun and seized him by the side of his neck we struggled violently for about two minutes he then drew a pistol from his belt and as he was raising it to present it at me I caught hold of it and prevented him I wrenched it from his hand and it fell on the Ground at our feet he then threw away his Gun and stopped and put out his right hand to the Pistol on the ground he did not recover it and we struggled together for about ten yards when we fell to the Ground the man undermost he then drew another Pistol from his belt and cocked it and put the muzzle of it against the right side of my body I grasped his hand which held the Pistol with both of mine and then called out Murder My Wife came up with my Musket in her hand which was loaded with ball and called out which is you Henry I said I am him My Wife said shall I shoot him I said shoot him she immediately put the Muzzle of my Gun against his side and attempted to cock it but threw the Pin up instead of doing so and the

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the pinning fell out she said the pinning is gone and we have no more shall I hit him I said hit him on the head she stepped to the opposite side took the Gun by the Barrel swung the but over her shoulder and swinging it down hit him upon the Top of his head his Hat was off and the blow broke the stock of the Gun in two parts this is the upper part of it she then told the Man to let the Pistol go he snapped it at my heart it did not go off he then turned it towards my Wife and said I will shoot you you bugger and she struck him again on the head with the barrel of the Gun she told again to let the Pistol go he said he would not I told her to hit him again and she struck him again on the head with the barrel of the Gun Mary Ann Lucas who was present then laid hold of the  ? my Wife’s Dress and said do not strike him again Mrs Kerr poor fellow you will Kill him the man then rose up and almost threw me off him and my Wife struck him again the fourth time with the barrel of the Gun upon his head and he then threw his Arms open and said hit me no more I am done my Wife and I then turned him upon his face and tied his hands behind him with his own Handkerchief and tied his feet with a rope that I desired Mary Ann Lucas to fetch from a Box in my House I sent my Wife to the next farm Mr John Senior came soon after we searched the man and found upon him ten ball cartridges two pistol balls a small Bag full of Buck Shot and about half a pound of Gun Powder in a Powder horn I asked the man his name

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name he said his name was Brown and that he had lived with Doctor Pierton [? Temple Pearson?] of Campbell Town he afterwards said his name was Brooks Mr James Glover came with some of  his men with a cart and one of his Men said that the robber was Henry Hunt I then examined the Man more closely and I then was convinced his Name was Henry Hunt and that he had belonged to Mr Wedge’s Surveying Party with which I had seen him frequently and I was the more convinced it was him because I had observed that he had lost the two upper joints of the forefinger of the left hand and the next day I heard him state that he was Henry Hunt and that he was the Man that had murdered Captain Sergeantson and Mr Humphrey Grey’s Shepherd.

Signed James Kerr

Sworn before me this 11th day of July 1836

Signed P. A. Mulgrave

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The information on Oath of William Secombe Esquire who saith I am Assistant Colonial Surgeon at Launceston I saw the deceased Henry Hunt on the 19th of June last in the Gaol at Launceston his skull was fractured on the left side of the upper and face part of the head and there were several wounds near that fracture I think six, it was necessary to repair him and he was afterwards moved on the twenty first of June to the Colonial Hospital and he remained there under my care until the fifth of July when he died about two o’clock in the morning his Death was caused by the fracture of the skull and the severe blows he had received on his head and I have no doubt that that fracture and wounds were caused by some heavy instrument probably by the but end of a Musket one of the wounds appeared to have been made by some large round hard substance similar to the top of a cock of a Musket I asked him who gave him those wounds he said a Woman but he did not say whom or when or where

Signed, Wm Secombe A. Col. Surgeon

Sworn before me this 11th day of July 1836 Signed, P.A. Mulgrave

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Feb 1835 [in blue pencil top right of page]

? Magistrate Attempted Capture of Circular Head establishment by Armed Convicts

[in feint pencil top left of page]

To His Excellency Sir Eardley Eardley Wilmot Lieutenant Governor of Van Diemens Land

The Humble Petition of James Glen TL per Ship Larkins praying for a mitigation of his 3 years addition

Most Respectfully shewith

That Your Excellencys Petitioner was tried at Edinburgh in November 1830 and arrived in this Colony in October 1831 under a sentence of 14 years Transportation which period has expired

Petitioner on his arrival in this Colony was assigned to the Company at Circular Head and remained in the above service until the month of February 1835 when petitioner was charged by an assigned Servant belonging to the Company with conspiring to seize the schooner Edward

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with others it being the property of the company and upon only his evidence Petitioner was convicted and sentenced to three years in chains which sentence Petitioner underwent at Westbury and Reibeys Ford Parties

Petitioner after having been in chains for two years and four months received a remission of the remainder of that sentence

Petitioner hopes your Excellency will be graciously pleased to take his case into your merciful consideration and be pleased to grant petitioner the indulgence pray’d for

And Petitioner as in duty bound will ever pray

M? 27/11/44 [mark in black pen lower left of page]

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I beg to forward extracts from the Record, and the evidence taken on the occasion.

Mrr Archer P M Circular Head 12 March

The Chief Police Magistrate

Received Police Department March 29 1844 [black stamp]

Transmitted JB 29 March ??

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The Humble Petition of James Glen TL per Ship Larkins Praying for a Mitigation of his 3 years Extention.

Transmitted for the report of the convicting Magistrate Circular Head

? Conpt Genr Off  184?

The CP Magistrate

Referred accordingly FB 3rd Jany ?

The Magistrate Circular Head

I believe Captn Smith was the convicting Magistrate. I know nothing of the case myself. It occurred ten years ago

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The Information of Hugh Holland who being first duly sworn states

There is a plan amongst the prisoners and they plan to take the settlement and the schooner Edward. I am owner of the property we seem to mount an    Western Plains Hut and to take the settlement at night. The persons living at the hut are first to be taken  After drowning arriving Smithton Mr Caspar Mr Mannion and Mr A    they   Mr Cooper into ten to show arms whom than arms before joining going Lton

They were to borrow or steal from Hart, Massey abiding Davis whom they had got arms and ammunition from the stores they were to     Bourke Cottemp George Thomsons and two constables and also Lithgows and  drown all them and march them all down to    They

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Were then to proceed to Mr Currs sworn him his servants and his family in the cellars of his house. No person was to do harm unless resistance was made at them they were to be marched and to remain on the farm. Mrs Curr in particular was not to be hurt. They were then to   and swim all persons to Mr Reeves Mrs Kings and Towns and afterwards    of the Establishment. They were then to   the prisoners who   in the    then having the moon who   to on New Years Day. All those made to be removed as soon as possible to the Cellars of the    It was   to finally take all ten prisoners not in the plot and   them in the storm with the others in own that night got away to Emu Bay to give the alarm. When the people were all missed Mr Currs and the houses of her sister,

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Was to be   for money as it is reported that these and six  thousand pounds in dollars in Mr Currs house. When the Edward, the Company’s schooner arrived from Launceston Capt was to be allowed to come on shore and then seize and a whole part was then to be pushed off and then   taken discharged and then London with what transfer progresss to part in as necessary for the      The men who house given their words to join this plot am myself who am to his the Captain of the land of

Christopher OBryan John Allen James Glen John Knowles Henry Harwood, James Hargrave Andrew Driscoll Lemons Hawkins  visit to me last night   he was ready to join a party of men in any thing. He did not tell him what I was recommended to approach

(in pencil at lower lhs margin

Holland states there     said he was ready to join a party of twenty men.

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To Boton and Chapman but I have not yet       Ferguson has also been recommended. I have been informed that Saunders was to be one. The reason that I give this information of the plot is this, that I    murder would be done   also that I might    away or other lose my own life in this matter. The people who began the plot are Allan and OBryan.

Hugh Holland.

Botton says that Holland had spoken to him (in pencil on rhs)

Rowe have you heard            (in pencil on rhs)

Sworn before me at Circular Head this nineteenth day of January one thousand eight hundred and thirty five.

Edwin Curr John Kirks Hutchinson

Sworn Before us at Circular Head the 4! of February 1835

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(2  and Friday 30th Jany. 1835 in pencil at top of page)

The further information of Hugh Holland who having first duly sworn states I had conversation on Wednesday night last with Allan, OBryan and Glen   Hawkins but said to me suspecting this plot to take the Edward. I told them that Hawkins had said to me what a curious state this   settlement is in now and that I had     Hawkins yes it is      and that Hawkins       firstly it is that no money man found     way they are and no soldier on the Head there   was a prison vessel  that could be easily taken and plenty to land

I told them   I had said to Hawkins   that it could be done but think I did not well know what way. Of said Hawkins twenty men could take this settlement. I told

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Them further then that Hawkins had said that his plan would be to take Highfield first and afterwards to take the

To take the vessel to America that he could not do it without twenty men but that with twenty men should they meet with a vessel they would   damagew  with   I told all this to Allen and the others (Glen and OBryan). Allan and Glen approved of the plan arranged by Hawkins but OBryan said that it would be better to wait till the vessel returned from Launceston.

This conversation was      by Donovan coming upon who found nothing of it. Last night when I went to the Invalids Hut Allen said to see that he had seen Hawkins and had further conversations with him about the plot but as there were many persons present we did not

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Converse further about it then. I have had many conversations with Allen upon this subject within the last fortnight. I had conversations with Allen in the Hay field on the day that the Edward last arrived from Woolnorth. He proposed taking her then and going to Woolnorth to land them. I objected to this plan because I thought it would be giving and leaving  away of having took and I recommended that we await a month until the vessel returned from Launceston. I have had two conversations with Hawkins upon this subject. These were on Wednesday last.

Hugh Holland

Taken and sworn before us, at Circular Head, in the presence of John Allen this thirteenth day of January one thousand eight hundred and thirty seven.

Edward Curr

Sworn Before us at Circular Head 4th February 1835

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John Allen states that he never had any conversation with Holland   the taking of the Edward upon or about three weeks ago in the Hay-fields when Holland said what am  my thinking it would be for   to got  and he answered by taking them        He Allen said that might do for others but it would not do for him as he was a short    man then Holland said how ill     worn off and what fools they were to put up with it. Allan further states that on Saturday night last when Mr Curr had taken two men from the hut to prison, Holland exclaimed what fools they were. They were a  pair of young men and found my way it would be to   the settlement Someone said pooh pooh that’s foolishness.

His mark John Allen

Taken Before us at Circular Head the 30th January 1835

Taken Before us at Circular Head the 4 of February 1835

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(3 and 30th Jany 1835 in pencil at top of page)

The further information of Hugh Holland having been found   in the prisoners and hearing of Christopher O’Bryans he states He never had any conversation with Holland on the subject of taking the settlement or on the subject of taking the Edward. On Saturday night last when Mrs Curr took two men from the Court to prison, it was said by    but said with  by whom what   it was there   should allow themselves to be dominated and in that woman. That it would be   to make their    it was said for the purpose of obtaining redress and that many through the bush in his (OBryans) support. OBryan denies having had any conversation with Holland and Allen in the Hayfield doesn’t them weeks ago on the subject of taking the Schooner. I was not   Holland making any proposal    He Christopher OBryan his mark

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(10 in pencil top centre of page)

James King  assigned servant of the Van Diemens Land Company being first duly sworn sayeth – Hugh Holland has been at times within the last month  into   and present us to take the

He said that us then was now no Magistrate here they would never have

In advising us to go to Launceston    was that    might

To the Magistrates of    they missed him. On  the last       spoken to us upon this subject he worried no sort to go    had complained to    against own Master.  The day before the seven men taken prisoners I had somne conversation with Driscoll suspecting a plot to take the settlement and the Schooner Edward. It took the plan in      when was     try them. Driscoll said that Holland had   said to the men in his hut What would the Port Arthurs men think of this plan? That there was a schooner and think if they would take how they would

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Driscoll asked me if I would like to trust myself in that way. His question was would you like to trust yourself in such a vessel as the Edward? He afterwards said to me that if his    was in the schooner Mrs Curr worn to say you may go to

I replied that I should not like to go to Hobartown in her      I told Driscoll that was, perhaps, land now as advised him to

Five years with the Company and in those years    you started a good of

He would take my advice and thanked me for it. The conversation then

I live at the green brown hut. I have not heard the      mentioned by any other person previous to the man being taken to prison

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There is, no one, except Driscoll, who said any thing to me about taking the settlement.

James King his mark

Sworn Before me at Circular Head the 2nd February 1835

Sworn Before us at Circular Head the 4th February 1835       check these 4 dates

Taken Before us at Circular Head the 4 February 1835

Taken Before us at Circular Head the 30 January 1835

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(4) in pencil top of page

Circular Head 31 Jany. 1835

Present Edward Curr Esqre. And John Hicks Hutchinson Esq.

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of William Lemon and Andrew Driscoll and the said Hugh Holland being duly sworn

William Lemon declines asking any questions

Andrew Driscoll declines asking him the said Hugh Holland any questions

William Lemon states that he had no conversation with Holland respecting any (about taking the Schooner Edward crossed out) plot or taking the Settlement or the Schooner Edward, nor with any other person.

Wm Lemon

Taken before us at Circular Head the 4! February 1835

Taken Before us at Circular Head the 31 January 1835

Hugh Holland on his Oath states that on Tuesday (Night last crossed out) afternoon about 3 or 4 oclock being then an Invalid and in the Invalids hut Lemon came in that he took Lemon to the further end of the Table And said to him well Lemon have you (Lemon crossed out) heard anything of this plot for taking the Settlement and the Schooner and that Lemon said yes he had that Allen had spoken to him respecting taking the Schooner after she arrived from Woolnorth but not respecting taking the Settlement that he Holland told him that

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Allen and Harwood had mentioned to him that Lemon was a fit person to be trusted. Lemon said that he thought it would be a good thing done provided it could be done and they were then interrupted by some person coming into the Hut Holland believes it was Donovan that came in.

Harwood  was in the Hut when Lemon came in (but in pencil) because Harwood knew that Holland was going to speak to Lemon he went out.

The next day about a quarter before 5oc Lemon again came into the Invalids Hut where Holland was and said well (that he was crossed out) I see you had Hawkins here what sort of spirits is he in. Holland said in very good spirits that Holland told him what Hawkins has said and Lemon replied it was a very good thing and wishes it was Sunday Lemon then gave his word to meet the parties at the Western Plains on Sunday previous to this conversation which took place on Wednesday but on the same day Lemon recommended Andrew Driscoll for one of the party and on Wednesday night Holland told Lemon at the Invalids Hut that he had spoken to Andrew Driscoll and he had consented to be one of the party.

Holland cross examined by Lemon. The reason that Harwood tho one of the party left the Hut when Holland was going to speak to Lemon was that Holland had settled that he would not speak to any two together except the two men who had commenced it and Glen.

Holland cross examined by Andrew Driscoll States that he had conversation with Driscoll outside the Door of the Invalids Hut about 8 oclock on

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((4) in pencil top left of page)

Circular Head 31 Jany. 1835

Present Edward Curr Esqre and John Hicks Hutchinson Esq

The information and further Information of Hugh Holland having been read over to him in the presence and hearing of William Lemon and Andrew Driscoll and the said Hugh Holland being duly sworn

William Lemon declines asking any questions

Andrew Driscoll declines asking him the said Hugh Holland any questions

William Lemon states that he had no conversation with Holland respecting any (about taking the Schooner Edward crossed out) plot on taking the Settlement or the Schooner Edward, nor with any other person. Wm Lemon

Taken before us at Circular Head  4 February 1835

Taken before us at Circular Head 31 January 1835

Hugh Holland on his Oath states that on Tuesday (night last crossed out) afternoon about 3 or 4 oclock being then an Invalid and in the Invalids hut Lemon came in that he took Lemon to the further end of the Table  Then said to him well Lemon have you heard anything of this plot for taking the Settlement and the Schooner and that Lemon said yes he has that Allen had spoken to him respecting taking the Schooner after she arrive from Woolnorth but not respecting taking the Settlement. That he Holland told him that

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Allen and Harwood had mentioned to him that Lemon was a fit person to be trusted. Lemon said that he thought it would be a good thing done provided it could be done and they were then interrupted by some person coming into the Hut. Holland believes it was Donovan that came in.

Harwood was in the Hut when Lemon came in (but in pencil) because Harwood knew that Holland was going to speak to Lemon he went out.

The next day about a quarter before 5 o’c Lemon again came into the Invalids Hut where Holland was and said well (that he saw crossed out) I see you had Hawkins here what sort of spirits is he in.

Holland said in very good spirits that Holland told him what Hawkins had said and Lemon replied it was a very good thing and wished it was Sunday Lemon then gave his word to meet the parties at the Western Plains on Sunday previous to this conversation which took place on Wednesday but on the same day Lemon recommended Andrew Driscoll for one of the party and on Wednesday night Holland told Lemon at the Invalids Hut that he had spoken to Andrew Driscoll and he had consented to be one of the party.

Holland cross examined by Lemon. The reason that Harwood tho one of the party left the Hut when Holland was going to speak to Lemon  was that Holland had settled that he would not speak to any two (crossed out?) together except the two men who had commenced it and Glen.

Holland cross examined by Andrew Driscoll states that he had conversation with Driscoll outside the Door of the Invalids Hut at about 8 oclock on

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Wednesday night. That he asked him if he was inclined to be one of the party to take the Settlement and the Edward Schooner. Driscoll asked who were to do it. Holland answered he did not wish to tell him the names but if Driscoll would meet him on Sunday next at the Western Plains Hut he would see all that were to be in it. Driscoll then gave his word to be in it and meet the parties at the Western Plains after Church time on Sunday next.

Holland has had no conversation with Driscoll on this subject neither before on since.

Hugh Holland

Sworn before us at Circular Head the 4 February 1835

Sworn before us at Circular Head the 31 January 1835

Edward   ?

Andrew Driscoll denies having any conversation with Holland on the subject of the plot or any other person or that he heard of any such proposition as to take the Edward. He states that he was in Bed at the Grubbers Hut more than qr a mile from the Invalids Hut on Wednesday night at 8 o’clock. Denies having met Eldridge at the Invalids Hut on Wednesday night. He saw Eldridge at the Invalids Hut on Tuesday night about 20 minutes after 6 o’clock. Does not know whether Holland was there or not.

Andrew Driscoll

Taken before us at Circular Head the 31 January 1835

Taken before us at Circular Head the 4’ February 1835

(notes in pencil on lhs of binding

.. states that he had   Driscoll at Invalid’s Huyt at time …..

…states  .saw Driscoll.. Invalid’s Hut 8 o’clock on      day)

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The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of John Knowland being duty sworn (crossed out)

John Knowland declines asking Holland any questions

John Knowland states that he never had any conversation with Holland about taking the Settlement or the Schooner Edward or with any other person. Has heard that it would be a good chance for a man to get his liberty. Does not know who the people are that spoke about it. Thinks the last time it was mentioned when the Brig was taken from Macquary Harbour and the people came here on their way to Launceston.

John Knowland

Hugh Holland on his Oath as aforesaid States. I met Knowland yesterday morning in the cow pasture he asked me what I thought of this job. I told him what passed between me and Hawkins on Wednesday night and I told him I thought the plan would do very well. He thought with 20 men we could take the vessel and when out at sea should they meet a Brig or Ship they could easily take her as he had been in the Patriot Service and had seen such a thing done. It was then  agreed that Knowland

(in ink written on the right hand side margin of binding

Taken before us at Circular Head the 31 Jany 1835

Taken before us at Circular Head the 4 February 1835

P 48

(in pencil at top of age 5 31st Jan y 1835)

Knowland should meet me and the rest of the party at the Western Plains Hut on Sunday next after Prayers. Knowland mentioned to me that when we met on Sunday we should not part in less parties then three less some body should tell. I have had many conversations with Knowland upon the Subject of taking the Settlement It is upwards of a fortnight since I had the first conversations with Knowland. Knowland and I have conversed about the matter several times but he did not consent til within the last week to be one of the party.

Edward Curr    Hugh Holland

Sworn Before us at Circular Head  the 4 February 1835

Sworn Before us at Circular Head  the 4 February 1835

Henry Eldridge an Assigned Servant of the Van Diemens Land Company on his Oath saith that I had no conversation with Driscoll or Lemon this morning. I was not at the Invalids Hut or as we call it the big hut on Wednesday Evening last. I was there on Tuesday night at a little past eight oclock. Lemon and Driscoll were there then. I spoke at that time with Driscoll at the big hut. They came away from the big hut with me and we continued together till we came to Mr Kings when we parted they went on towards the Grubbers Hut and I stopped to speak to Mr King. I do not know whether Holland was at the big hut when I was there or not. I know that it was on Tuesday because it was the day we left of pea cutting we were allowed to leave when we finished which was a little before our usual time. I was not above ten minutes in the Hut. Driscoll and I shook hands in the hut. I (cant crossed out) saw Lemon there I cannot say whether I shook hands with him or not.

(In pencil on left hand margin of paper

.. states that  Driscoll was …20 minutes ….

…. Hollands ……..)

P 49

Henry Eldridge cross examined by Holland I was not having a lark with Lemon or Driscoll on the night I was in the big hut to the best of my belief I did not shake hands with Lemon. I am sure I did not shake hands with Holland. I did not sit down in the hut. Lemon and Driscoll did not remain in the hut four or five minutes after me nor half a minute. It was nearly half past eight when I quitted the hut after supper at Six oclock on Wednesday night I never quit the Painted hut where I live

Henry Eldridge his mark

Sworn before us at Circular Head the 31 January 1835

Edward Curr

John Donovan an assigned Servant of the Van Diemens Land Company who on his Oath Saith on Wednesday afternoon last I was at work at the Quarry I do not recollect seeing Holland about the hut. I did not see Holland speak to any one that afternoon. I do not recollect seeing Hawkins that afternoon. After Mr Curr took the two  men from the painted hut on Saturday night last and had been gone about five minutes Holland got up and said don’t you see the Settlement staring you in the face why don’t you one and all get up and take the settlement and gain our liberty. I answered Holland hold your tongue about such things as that you ought to know better and don’t go to poison the minds of men in this manner. He said nothing further publickly in the hut but went walking up and down speaking to one and the other   some

(Sworn Before us at Circular Head the 4 February 1835 in margin on right hand side)

P 50

Some day last week Holland said after dinner in the Hut what is the good of being starved alive here there is no magistrate here now let us all go through the bush and I’ll lead you and me will find others to join and we will get clear of the place. The same Evening Holland said to one Donovan won’t you go I told him not to speak to me about such things as that as my Sentence is too short for me to risk any thing of the kind. Holland repeatedly spoke to me to be one of a party to do something to get our liberty I have always declined having anything to say to him. (I did crossed out)

Donovan cross examined by Holland I did not go into the big hut on Wednesday afternoon complaining of the head ach nor did I see Hawkings coming in there. I was not in the big hut that day at all but I might be there at night. I do not recollect passing Holland and Harwood walking together between the big hut and John Thompsons hut when going through the bush (was spoken of above line). Holland did not propose (crossed out) oppose it but recommended it. Holland did not say that unless he had some grounds of complaint against their Master they would get an additional sentence by going through the bush.

Donovan re-examined has never heard there was anything in   .. respecting taking the Schooner or the Settlement has not heard that Holland made any such proposition to any other person. On Tuesday Evening I was at the Big hut at eleven o’clock. I might remain there an hour. I think Allen was there. I do not     recollect

P 51

Seeing Holland there. I do not recollect any one else that was there. I do not remember seeing Eldridge there but he  might have been there nor do I remember Lemon or Driscoll there were several persons there but cannot recollect who they were. On recollection I think Hugh Holland  was there when I was coming away outside the hut there were four or five others with him. I am sure Holland was there. I am almost sure Beach passed the party when I did and came away. I do not remember whether Allen was outside at the time. I do not remember whether Obrien was there or Glen. Some were sitting and some were standing and I went through the midst of them. Holland Ithink was one of three who was sitting. I am sure it was not on Wednesday Evening as I took Haynes bed down to him he having been sentenced to confinement. On my return from leaving Hayne’s bedding I think I called at the Big Hut it might be about eight oclock. I recollect seeing Harewood there. Lumby went into the Hut with me. We remained there about a quarter of an hour. I do not recollect seeing Holland there.

Donovan cross examined by Holland.

I met Holland one Evening this week carrying his bed from the Big hut to the painted hut. I was then coming from the painted hut Duke was with me carrying Haynes’s bed. I do not think this occurred the night after. I saw Holland sitting with the other men at the Big hut. On recollection I think this occurred two nights   after

(pencil comments in margin on rhs)

P 52

(in pencil at top of page 6    31 Mar)

After and I am positive it was on Tuesday night I saw Holland at the Big Hut.

John Donovan

Sworn before us at Circular Head 31 January 1835

Sworn before us at Circular Head 4 February 1835

The Information and further Information of Hugh Holland having been read over to him in the presence of and hearing of James Glen.

James Glen declines asking Hugh Holland any questions.

Hugh Holland on his Oath states I have not on the subject of taking the schooner had many conversations with James Glen. On last Wednesday evening we conversed together on the subject. Glen recommended that the settlement should be taken on Sunday night, and not to wait till the Edward returned from Launceston for fear that something might occur to prevent it from being done. He said that delays were dangerous. Glen said that the Vessel was to be taken when she arrived from Woolnorth last time; that there was always something occurring to stop a thing being done when once it had been arranged. I told Glen that we should await the decision that should he come too. Sunday at the Western Plains Hut where they were all to meet. We parted with the understanding that we should all meet at the Western Plains on Sunday afternoon.

Hugh Holland

Sworn before us at Circular Head the 4 February 1835

Sworn before us at Circular Head the 31 January 1835 Edward Curr

P 53

James Glen states that he was not at the Invalids Hut any time on Wednesday. Cannot say that he saw Holland on that day. He is sure he had no conversation with him. I was at my hut on Wednesday afternoon. I went there immediately after the bell rang and I did not leave the hut the whole of that Evening. I went to bed a little after dark; it might be nine or ten oclock. On Tuesday last I went home to my hut immediately the bell rung and I did not leave it again that evening. I live at the painted hut. I did not see either Allen or O’Brien anywhere on that Evening except in our Hut. I have heard it lately said that if this place did not mend many of the men would go to Launceston thro’ the bush.

James Glen my mark

Taken before us at Circular Head the 31 January 1835

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of Henry Harewood

Henry Harewood declines asking Holland any questions.

Hugh Holland on his Oath states on Tuesday afternoon I saw Harewood at the Invalids Hut. I asked him if he would be willing to join a party to take the Settlement and the Schooner Edward. He told me that he should be very glad to do so, but that he had   then

Taken before us at Circular Head the 4 February 1835

(pencil notes on rhs column of binding)

P 54

Then something else in his head. I asked him what it was, and he said that he did not wish to tell me, but that he had three bullets for that purpose; and should he not be approved of by the rest of the men on account of his being a boy, he would then do something by himself, but that no one should know it but himself lest any one should inform against him. I told him that I thought the others who were in the party would not disapprove of him because that, as he was a carpenter, should anything happen to the Vessel he could repair her. Very well, said he, if they like to have me I shall play my part. He said that he would give his consent to the plot. I then told him that we were all to meet at the Western Plains Hut after Church on Sunday. Harewood replied that he would leave the Invalids Hut on Saturday so that he might go out to the Western Plains on Sunday without being noticed. In parting Harewood again said that should he not be approved of he would do something by himself but that no one should know it but himself. He shewed me three bullets. I said to him these will do, and he then went and planted them at the further foot of the bed opposite the door, between the bedstead foot and the wall.

On Wednesday night I again saw Harewood at the Invalids Hut and acquainted him of what passed between me and Hawkins, he acquiesced in what Hawkins had said to me, and said that he was very glad of it, and wished tomorrow was the day. He said that he would be sure to be at the Western Plains hut on Sunday as arranged the day previous. I had no ( t had any crossed out)  conversation with Harewood at that time about taking the Schooner

Hugh Holland

Sworn Before us at Circular Head the 31 January 1835 Edward Curr

Sworn Before us at Circular Head the 4th February 1835

P 55

Henry Harewood denies having had any conversation with Hugh Holland on the subject of taking the Settlement or the Schooner. I was not out of my Hut at all on Wednesday night. Cannot say that Holland was in the Hut that Evening – does not recollect seeing Eldridge at his hut on Wednesday Evening; neither did he see Lemon or Driscoll. Has no recollection of seeing either of these at the Hut on the Evening previous to Wednesday. I have resided at the Invalids Hut for the last week. I deny ever having shewn any balls to Holland. I never had any conversation with him respecting them on Wednesday afternoon I recollect walking with Holland to the end of the hut. I do not recollect any one pass at the time. I did not see Hawkins at the Invalid’s Hut on Wednesday.

Henry Harewood

Taken Before us at Circular Head the 31 January 1835

John Higgs (?), an assigned servant of the Van Diemen’s Land Company, being first duly sworn states:- On last Thursday I was working with Hugh Holland at the Western Plains. Holland said to me that he would throw a hammer away before he was a work order. I would no reply to this. He then asked how I would ? ? in the Schooner for my liberty. I told him, no; and he replied that he, (Holland) was the man that would do to. The conversation then dropt, and I know no more confirming it.

John Higgs his mark

Sworn Before us at Circular Head the 4 February 1835

(In margin on rhs of page

Taken Before us at Circular Head the 4 February 1835

P 56

(pencil note (7) top of page)

Circular Head 2 Feby 1835

Present Edward Curr Esqre and John Hicks Hutchinson Esq

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of James Haynes

James Haynes declines asking Holland any questions

Hugh Holland on his Oath States I had conversation with James Haynes to take the Settlement and the Schooner on last Sunday but one when I was cutting his hair at the Painted Hut. I asked him if Allen had spoken to him respecting what was going to be done and he said he had not. I told him Allen was to have spoken to him respecting taking the Settlement and the Schooner he asked me if it was going to be took I said it was I asked him if he would be one he said he would but he doubted it would not come to pass. I asked him if he would give me his name to be one. He said he would. And that he would make old Curr swet. I told him we should have a meeting at the Western Plains hut on Sunday and he promised to meet us there. This was in the morning a little before Mr Curr and Mr King came to the Invalids Hut. On Tuesday

P 57

Tuesday last he came into the Big Hut and he asked me if this was going on or not and whether I thought it would come to a head and I told him I was sure it would. We did not say more just then as Harewood was in the Hut and I was not to speak to two persons together except Allen Christy and Glen. On Monday Haynes had been punished and after the Conversation I looked at his back to see how men were punished here. Harewood was present and I think also Donovan. Haynes said it did not hurt him much. He put on his Shirt and went out of the Hut to his Work. This was in the afternoon near upon three o’clock. He left his team I understood him in the Cow Yard where he was loading dung.

Sworn Before us at Circular Head the 2nd February 1835

Edwin Curr

Sworn Before us at Circular Head the 4th February 1835

James Haynes states that on Tuesday last he was not loading dung nor had  not his Bullocks in the Cow Yard but that he was loading Timber from the Old Stores to the Carpenters Shop. Holland cut his hair on Sunday Morning as he states. Holland looked at my back in the Invalids Hut the day after I was punished. Knowland and Harewood were present. Donovan was not there I cannot tell what time of the day it was, then says between twelve and one. Haynes states he will not answer any more such questions.

Haynes declines signing his Statement.

Taken Before us at Circular Head the 2d Feby 1835

Taken Before us at Circular Head the 4 Feby 1835

P 58

Hugh Holland further on his Oath states That Knowland was not present in the Invalids Hut when he looked at Haynes’s back and that it did not occur between twelve and one at dinner time.

Sworn Before us at Circular Head 2nd February 1835 Edward Curr

Taken Before us at Circular Head the 4 February 1835

As Haynes was being removed from the Question Room Harewood & Knowland were waiting outside. I went out with Haynes to see that he had no common nicatarre with them, and he shouted out to them the evidence they were to give respecting the inspection of his back by Holland.

Edward Curr

Henry Harewood states that he saw Haynes back after he was punished in the Invalids Hut. I could not say whether it was Morning or afternoon.I can’t say it was during dinner time. Holland was present. I cannot say that Knowland was present nor can I say was Donovan present. I could not say that it was the same day that he was punished but it must be either (one or the Other,  crossed out) that day or the day after. Henry Harewood

Taken Before us at Circular Head the 4 February 1835

Taken Before us at Circular Head the 2d February 1835

P 59

John Knowland states I saw Haynes back in the Invalids Hut after he was punished I can’t say it was the day he was punished or the day after. I do not know whether it was in the forenoon or afternoon or when it was. Holland and Harewood were present. I do not think Donovan was present. Holland was the person who examined Haynes’s back.

John Knowland

Taken Before us at Circular Head the 2d February 1835

Taken Before us at Circular Head the 4 February 1835

Thomas Bates Assigned Servant of the Van Diemens Land Company being Duly Sworn States. Holland was at work with me in the pea field the week before last and he drop’d work being sick I think on Friday on that day in the Painted Hut he advised that when we got our rations on Tuesday that we should all start for Launceston. That there was no Magistrate here and that we could get away as the Chain Gang in Launceston was a fool to this. On Saturday Night I was going from the Carters Hut to the Painted Hut and I fell in with Holland and we went on together. I said to Holland I should think the men would not be so foolish as to go through the bush. He replied that if they did go they would get twelve Months in the Chain Gang but

P 60

(8 and 2d Feby in pencil at top of page)

But that if he could get ten men in his mind he would kill all the people below and then go up to the head and serve them the same there and then go and take the Schooner and get his liberty. He asked me if I would be one I answered no. my sentence was short I could wear that without doing such things as those. I did not mention this conversation to anybody until the men charged in this plot were locked up for I believe he was the ring leader of all and the instigator of all that has been done. I thought the proposal was a pack of foolishness altogether.

Thomas Bates Cross examined by Holland. The advice given by Holland in the Hut was on that day he fell sick. It was some day the latter end of the week. I am sure this advice was given before Saunders and Hart were taken out of the painted hut on Saturday night. I know particularly the conversation respecting killing all below and on the Head took place on the Saturday Night and that it was (after crossed out) a day or two after the advice that Holland gave in the Hut. It was on the Saturday Night that Mr Curr took Saunders and Hart from the Painted Hut that Holland spoke to me about killing the people. I am positive  I have had no conversation with Holland since that time.

Thomas Bates his mark

Taken Before us at Circular Head the 4 February 1835

Sworn Before us at Circular Head the 2nd February 1835

P 61

William Green an assigned Servant of the Van Diemens Land Company being duly Sworn States. On last Thursday evening I had conversation with Holland in the Painted Hut he asked me if I could supply him with some gun powder I replied that I could not supply him with any. I asked Holland what the powder was for if it were to shoot birds he  answered that it was not that it was for quite another thing.he said that he had a party of ten men ready to take the Edward when she returned from Launceston. He asked me if I would join the party. I answered him no this conversation took place at the fireside the rest of the men were at the further end of the Hut and there was no one but Holland and I together. Nothing at all was said about making up a party of twenty men for my purpose. I did not mention the conversation that passed between Holland and me till after the men were apprehended This conversation passed the night previous to the apprehension of the men. I do not remember that Duke came in and interrupted our conversation I think it was near nine oclock at night. After the conversation I went to the Green bower Hut and stayed there half an hour.

William Green his mark

Sworn Before us at Circular Head the 2d February 1835

Sworn Before us at Circular Head the 4 February 1835

P 62

James Rowe an assigned Servant of the Van Diemens Land Company being duly Sworn States. On Monday night last when I was taking down the bread for Haynes who was in Confinement I had to pass the Big Hut. Holland was there and Donovan and several other men I remember Holland and Donovan and what they said to me. This was a little before dark. I returned as soon as I delivered the bread for Haynes and it was dark before I got back to the Big Hut. I then went into the big Hut and stayed a few Minutes there were several men seated about a good fire. Holland and Harewood were two of them but I cannot say who the rest of the men were. I cannot say whether Lemon was there or not or Glen or Donovan or Eldridge or Driscoll or Allen or MacNulty or Homer or O’Brien or Beech.

James Rowe

Sworn Before us at Circular Head the 4th February 1835

John Hart an assigned Servant of the Van Diemens Land Company being duly Sworn States.  Taprell Mr Schayers’s Servant told me nearly three months ago that he believed there were some men going away he (ask crossed out) did not say anything to me about blue clothes he asked me if I had a pair of blue Trowsers to sell him I refused to sell them he did not tell me to take care of my blues. He did not tell me the Schooner was to be taken

P 63

This time as afterwards it was not likely to bring provisions. I have not told James Hay any such things as this. I have not had any conversation at all with James Hay about the Schooner. I told James Hay Taprell wanted to buy a pair of blue Trowsers from me but I would not sell them when I was sworn just now I might have kissed my thumb instead of the book.

John Hart his mark

Sworn Before us at Circular Head the 2nd February 1835

Henry Hutchi (n crossed out)son an assigned Servant of the Van Diemens Land Company being duly Sworn States last Sunday week the Cows had got into  Preston’s field and Hugh Holland Eldridge and myself were going to drive them out when some one shouted there goes Hughy Holland the Irishmans Son. Holland turned round and said if I had ten men more like myself I would have my liberty in a fortnight.

Henry Hutchison

Sworn Before us Circular Head the 2nd February 1835

P 64

(9 and 2d Feby in pencil at top of page)

James Hay an Indentured Servant of the Van Diemens Land Company being duly Sworn States. John Hart the Shoemaker told me on Friday that Mr Schayers Servant Taprell had told him to take care of his blue clothes that such things would be wanted. That some of the men had it in view to take a Whale boat. Jas Hay

Sworn Before us at Circular Head 2nd February 1835

Edward Curr

Henry Sheldon Field Police Constable of Circular Head being first duly Sworn States. I had some conversation with Saunders on Wednesday last I believe about Bromleys robbery.

Henry Sheldon his mark

Sworn Before us at Circular Head the 2nd February 1835 Edward Curr

P 65

Information & Examination in Case of Alleged Conspiracy to take the Schooner Edward &  Settlement of Circular Head Jany 1835

P 66

(Printed document in bold)

POLICE OFFICE, HOBART,

February 3rd 1835

IMMEDIATE.

MEMORANDUM.

His Excellency The Lieutenant Governor having ordered the Convicts  named in the Margin to be disposed of in the manner set forth opposite their respective Names

The Police Magistrate at Richmond will forthwith cause their removal from the Gaol of his District to their respective stations of Punishment.

N.B. In all cases of Prisoners being ordered by the Lieutenant Governor to Port Arthur, they will be sent to the Prisoners’ Barracks at Hobart.

(following names written vertically on left hand side of page)

David Evans 241 To be removed from his Services and sent to Restdown Assignable Gang

James Clarke 709 Returned to Government and sent to Bagdad Bridge Assignable Gang

Edward Tingay 644 To be Imprisoned and kept to hard labor for Three Months in Grass Tree Hill Chain Gang and afterwards to remain in the road party under his former Sentence.

Hannah Lloyd 821 Original Sentence extended One Year to be returned to    and sent to the Factory Hobart Town

P 67

Hugh Taylor 789 To be returned to Government and sent to Perth Assignable Gang

William Bell 1101 To be Imprisoned and kept to hard labor two Months in the Grass Tree Hill Chain Gang and afterwards to be sent to Restdown Assignable Gang

Joseph Wilkins 952 To be  Imprisoned and kept to hard labor One Month in Grass Tree Hill Chain Gang and afterwards to be sent to Restdown Assignable Gang.

William Ogden 94 To be Imprisoned and kept to hard labor Two Months in Grass Tree Hill Chain Gang and to be returned to the road party

Elizabeth King 49 Eight Weeks in the Female House of Correction Hobart to be kept at the Wash Tub and returned to Government service.

James Murdoch 932 To be Imprisoned and Kept to hard labor Nine Months in Grass Tree Hill Road Party and returned to Government Service.

P 67

Mary Kennary To be Imprisoned and kept to hard labor at the Wash Tub Two Months at the Factory Hobart Town

(written vertically on lhs of page)

P68

P69

Distress Warrant (1835 in pencil top right of page)

Island of Van Diemen’s Land, To Wit

To Mr Anthony Cottrell Chief Constable of Launceston (in ink) the said Island, and to all petty Constables and other whom it may concern

Whereas Joseph William Bell of Launceston in the said Island was on the twenty first day of February 1835 at Launceston in the said Island, duly convicted, before William Lyttleton, Henry Arthur and Ronald Campbell Gunn Esquires – three

Of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, upon an Information in that behalf duly exhibited before me the said Ronald Campbell Gunn Esquire

For that he the said Joseph William Bell on or about the ninth day of January 1835 did sell barter or exchange a certain quantity of Wine above the quantity of five Gallons to this eighteen gallons of Wine more or less. The said Joseph William Bell not being duly licensed as a Wholesale Dealer in Wine and Spirituous Liquors

Contrary to the Provisions of the Act in Council of this Island, No: 5 of the 9th of Geo. 4th entituled “An Act for the Licensing of Wholesale Dealers in Wine and Spirituous Liquors

By which said Offence, and by Virtue of the said Act, he the said

Joseph William Bell

P 70

Became liable to pay the Penalty or Sum of Ten Pounds besides the Costs and Charges of the said Conviction, which Costs and Charges were on the said twenty first day of February ascertained and assessed at the Sum of  Ten Shillings the said Penalty or Sum of Ten Pounds to go and be distributed as in and by the said that is provided

And it appearing to me the said Justice, that the said Joseph William Bell hath neglected to pay the said several sums, or either of them, or any part thereof, and that the same still remain unpaid, I do therefore herby authorize and require you the said Constables, or either of you jointly or severally to forthwith make distress of the Goods and Chattel’s of him the said Joseph William Bell

And if within the space of five days next after such Distress by you taken the said penalty or Sum of Ten pounds and also the Costs and Charges of the said Conviction shall not be paid, that then you  do cause the said Goods and Chattels by you seized to be appraised and sold, rendering the overplus, (if any), to  him the said Joseph William Bell after deducting the said Penalty or Sum of Ten Pounds and Costs and Charges as aforesaid, as well also the Costs and Charges and all incidental expenses

Of the said Distress and Sale and which said Penalty or Sum of Ten Pounds you are to pay to me the said Justice to go and to be distributed, as is herein-before mentioned, and if sufficient distress cannot be had or found whereupon to levy the said Penalty or Sum of Ten pounds and Costs and Charges as aforesaid, you are herby required to certify the same to me, together with the return of this precept. Herein fail not.

Given under my hand and seal at Launceston this  seventeenth Day of March One Thousand Eight Hundred and Thirty five

Ronald C Gunn JP

P 71

Joseph Wm Bell Distress Warrt. Fees & Costs     10.10.-, Warrt & Serv -10.8, 11.0.8

P 72

Copy ( crossed out) Extract

Received Police Department March 29 1845 (black stamp top right of page)

Police Office, Circular Head 5th February 1835

Present Malcolm Lang Smith and I H Hutchinson Esquires

John Allen, Alfred Hawkins, Andw. Driscoll, Wm. Leman, Jno. Knowland, James Glen Heny. Harwood, James Haynes and Christopher O’Brien

Convict Servants to the V  D Land Company. Examined on charge of Insubordination (see accompanying Informations). Plea: Not Guilty

Sentence “We find the Prisoners Guilty and sentence Alfred Hawkins, John Knowland, and James Glen, to have their original sentences of Transportation extended three years and recommend that they be worked in a Chain Gang. Jno. Allen to have his sentence of transportation extended three years and recommend  be sent to Port Arthur. Christopher O’Brien to be transported to Port Arthur three years and Henry Harwood two years, also James Haynes two years, and Andrew Driscoll and Wm Leman to be Imprisoned and kept to hard labour two years.”

P 73

To His Excellency Sir Tno (?) E Eardley Wilmot, Bart. Lieutenant Governor of Van Diemens Land, &c. &c.  &c.

The Petition of James Glen per “Larkins” (14 yrs) praying remission of sentence of Extension.

Respectfully Showeth That your petitioner arrived in this Colony in 1831, under sentence of 14 years Transportation and in January 1835, was tried on suspicion of conspiring to take away the Schooner “Edwards” from the VDL Company at Circular Heads and on one mans Evidences received sentence of 3 years extension in chains, to his original term of Transportation. I your petitioner accordingly underwent the three years in chains in “Launceston” & “Westbury” Chain Gangs.

That your petitioner has been for several years employed as overseer in the Roads Department and has endeavoured by assiduity and zeal in the discharge of his duty to earn the confidence of his Superiors, and render his Services beneficial to Government and petitioner has also been employed for a considerable period in the Constabulary of the Territory in which capacity he has also attested himself to the best of his ability in the apprehension of several absconders and the other duties of his Situation. that your Petitioner humbly refers

P 74

Refers to the Testimonialy  herewith annexed and the  length of Time has been in the Colony almost all of which period he has been in the service of Government, and also to the fact of his original sentence having expired in November last – and therefore humbly prays – That your Excellency will take his case into your humane consideration, and in consequence of his original sentence having expired – of the recommendations hereto annexed – and of the fact that the sentence of extension he now labours under was passed on petitioners on the evidence of one Witness, & that only on Suspicion of a Conspiracy, which was never attempted to be carried with effect – that your Excellency will be graciously pleased to order a remission of the sentence of three years  Extension so passed upon from Petitioner as above mentioned

And Your Petitioner Will Ever Pray James Glen Hobart Town Penitentiary 9th April 1845

P 75

This is to certify that I have known the petitioner for three years to be a honest and industrious man

James Robertson

P 76

The petition of James Glen per “Larkins” for remission of sentence of  Extension

P 77

(black stamp top left of page Received Princl. Super… Department September 22 1841)

234 41

To His Excellency Sir John Franklin KCMB K Lieutenant Governor of Van Diemens Land and its Dependencies &c &c &c

The Humble Petition of – No 493 Robert Fergusson – per “Larkins” Most respectfully sheweth – That your Petitioner arrived in this Country per “Larkins” in Octr. 1831 under sentence of Transportation for “Life.” – That in October 1837 Your Humble Petitioner was sent to Port Arthur under a Colonial Sentence of “Life” for a period of Five years – That your Petitioner has performed “four years” of the sentence to this Settlement and has been employed as Overseer at Out Stations for

P 78

A long period and being employed in a trustworthy manner has proved himself deserving of it.

The Prayer of Your Humble Petitioner is that Your Excellency in consideration of the long period of his servitude his conduct and testimonial annexed may grant him a remission f the remainder of his Sentence – and his life will prove  the sincerity of his gratitude card (?) Your Humble Petitioner as in duty bound will ever pray &c &c &c

The Conduct of the Memorialist has been very exemplary and deserving – an attentive and industrious man Charles O’Hara Booth … Port Arthur 22 Sept 1841

P 79

The Humble Petition of No 493 Robt Fergusson praying for remission of sentence

P 80

(black stamp at top left of page Received Princl. Superint’s Department May 3 1842)

42

To His Excellency Sir Jno Franklin KCMNK Lieutenant Governor of the Island of Van Diemen’s Land &c

The humble petition of 641 George Farris per Chapmans & holding a Ticket of Leave and praying for such further indulgence as His Excellency may deem him deserving of Most Respectfully Sheweth that your Excellency’s petitioner was tried and convicted at the Supreme Court Launceston on the 11th February 1834 and received Sentence of Transportation for Life and arrived at Port Arthur on the 19th October following where after the regulated period he was as a reward for good conduct placed in a Situation and in Consequence of a Steady Perserverance in such Conduct was on the 1st June 1838 Appointed to the Constabulary of the Peninsula in which he is Still Serving – That

P 80

That petitioner most humbly begs to state that he has for some time past been in charge of the Constables Station at Wedge Bay during which he has apprehended various Absconders both from the Settlement and out Stations and some of them of very bad character but he more particularly wishes to bring under the notice of Your Excellency that he with a party under his orders apprehended and brought to Justice Eleven most notorious Characters who had absconded from Port Arthur and were under Arms Nine of whom had recently arrived from New South Wales and among whom was the Notorious Westwood Alias Jacky Jacky – Petitioner therefore most humbly hopes Your Excellency will be good enough to take the Above into Consideration – the strict line of conduct he has pursued since his Conviction – the length of time he has been at Port Arthur / Nearly Eight Years – four of which in the Constabulary/ together with the testimonials hereunto annexed and be pleased to  extend to him such further indulgence as Your Excellency may deem him deserving of

And Petitioner as in duty bound will ever pray George Farris Port Arthur 28 April 1842

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It affords me much satisfaction to be able from observation of petitioner good conduct since he has been at Port Arthur & in the constabulary to recommend the prayer of his petition for the favourable consideration of His Excellency the Lieut. Governor T L Lempriere DAcy. JP 30/4/42

The Conduct of the Memorialist has at all times been most exemplary and deserving – intelligent and above in his duties – Charles OHara Booth Com

P 82

(Written  vertically on left hand margin of page

Referred for report of The ? ?/////17/3/45)

Prisoners Barracks, Hobart 4 March 45

Respect’d Sir I most humbly beg to be permitted to intrude on your valuable time under the following circumstances on the November 4 1843 I was taken to the WatchHouse at Brighton under a charge of having detained a letter and on being taken there I was searched and the Watch House Keep Nichols took From me 4- a Constable named McDonald being present at the time and whose attention I called to the Circumstance, and also my Master Mr Thornloe the

John Price Esqure. ??

Next day on my examination before Mr Forster the P Magistrate of Brighton stated that he was aware of my having the money & that it was honestly come by, by me. I therefore Respectively he most humbly pray that you will see into my case that I may be allow’d to have my money when ?   ?  due for my indulgence and I shall be ever very grateful for the Same

I have the honour to be Respectfully Your obed servt  Jeremiah Nicholls Pt. Canton

19/3/45

P 83

Jeremiah Nicholls Arr Van Diemens Land 12 January 1840

No 501 Pr. Canton tried at Sussex 29 July 1939. 15 years

(written across left hand margin in black ink Trade Labour Age 26 years in 1843)

(below in red ink)

Tranfported for  Burglary Goal he put convicted twice before. ? Report Good Single stated thy offence HouseBreaking for coin      and black duck single   Report Tolerably good

Novr. 4/43 BW Ferry/ Having two letters addressd to J Espire & Certificae of Freedom of Harley Wilson in his Box & not being able to satisfacy account for the same to be removed from the Station to the Public Works Hobart

Novr. 22/43 PW/absent from the PBks at night six days Sol Conft. 14/6/44 3 Glass 26 Novr 44 ? Misconduct in representing himself free and being in a common brothel  3 mos   Glenorchy Roe L G Decis 29-11-44

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I recommend this   ? hand over  to the Registrar  place din Savings Bonds for the Applicant  ? 23’Apl.

P 85

(written diagonally across lower portion of page)

Jeremiah Nicholls applies for 4-4-1 taken from him in November 1843 when he was removed from the Bridgewater Ferry for misconduct. The ? at Pontville by whom the money was taken and paid into the Colonial Treasury states that he considers it a large sum for a man in his situation to have but it was ? ? that he came by it dishonestly. Under any circumstances the man would not be entitled to it at present as he does not hold a Ticket of Leave. April 1845.

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The Sum of 4-  (tear in paper) from this man (tear) carried to the Recd of Goverts in Novr 1843

(Detailed accts to the Colonial Auditor). It is probable that he got the money by his confusing people near the ferry at Bridgewater but I am not aware that I even expressed my sense of his honesty in the case – because it might have been as otherwise, and I think it is a good deal of  money for a mere boatman to make in the way of fees – I certainly think that the forfeiture of the money ought to be a part of his punishment. March 10th 1845 G M Forster ? Transmitted for The Wt. previous consideration (minor words in binding unreadable)

(black stamp) Received. Police Department March 31, 1845

This must be intended for the C A Magistrates John Price March  31 ?? The Chief Police Magistrate

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Supreme Court Office 22nd January 1836

In pursuance of an Act of Council passed in the sixth (crossed out) fifth (in pencil) year of the Reign of His present Majesty intituled “An Act to provide for the appointmen   of Commissioners of the Supreme Court and to define the powers of such commissioners” It is hereby ordered that every Commissioner appointed or to be appointed under the said Act shall and may possess and execute within the limits of the place or district for which he hath been or shall be appointed  all the powers and authorities mentioned in the first Section of the said Act in addition to the powers and authorities vested in him by the fourth Section of the same Act or by any other Act or Acts of Council.

2 And it is hereby Ordered that in the caption of every Recognizance and in the ? of every Affidavit shall be inserted in words at full length the name of the place at which such Recognizance and Affidavit shall have been respectively taken and made and the date thereof; and no erasure is to be permitted.

3 Every Oath in Ecclesiastical Jurisdiction is to be transmitted by the Commissioner under Seal to the Registrar of the Supreme

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Court as soon as conveniently may be after it is administered.

4 Every such Commissioner may demand and receive the fees following viz.

For every Recognizance when ordered to be taken before a Commissioner s 10-

For every affidavit at Common Law 1.6

Ditto in Equity   2.6

An Ecclestiastical Jurisdiction

Every administration Oath 5 -  Every other Oath 1-6

A L Pedder

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Supreme Court Office 22nd January 1836

Sir

I am directed by Their Honours the Judges to transmit to you the accompanying Copy of an Order which has been this day made by Their Honors relative to the powers &c of Commissioners of the Supreme Court appointed under the Act of Council therein mentioned.

I am desired to point out to you that, upon attentively perusing the Act for the appointment of Commissioners, you will perceive that, in addition to the cases mentioned in the 4th Section of that Act, and the Cases specially provided for by any other Act of Council, the only Affidavits and Oaths

John Clark Esq. Commr. Of the Supreme Court

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Oaths which can be made before you, are such as may be taken in Equity matters before a Masters in Chancery, and in Ecclesiastical proceedings before a Surrogate, and Affidavits to hold to Bail: – and that the only Recognizances, which can be taken by you, are under the Newspaper Act, in such cases where the Chief Justice may make a Special Order for that purpose. I have the honor to be, Sir, Your obedient Servant G W  Stephens (?)

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Supreme Court Office 26 January 1836

Sir,

With reference to my Letter of the 22nd instant (the script of which has not been acknowledged) I have now the honor to acquaint you, that some slight alterations have been made in the Rule of Court there transmitted to you:  and by desire of their Honors the Judges I forward herewith a copy

Of the Rule as amended. I have the honor to be, Sir, Your very obedient Servant, Geo W Stephens

John Clark Esq. Commissioner of the  Sup. Court

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Supreme Court Office 22nd January 1836

In pursuance of an Act of Council passed in the Fifth year of the Reign of His present Majesty intituled “An Act to provide for the Appointment of Commissioners of the Supreme Court and to define the power of such Commissioners” It is hereby Ordered that every Commissioner appointed or to be appointed under the said Act shall and may possess and execute within the limits of the place or District for which he hath been or shall be appointed all the Powers and authorities vested in him by the first Section of the said Act in addition to the Powers and Authorities vested in him by the fourth Section of the same Act or by any other Act or Acts of Council which have been or may be passed.

2. And it is further Ordered that in the Caption of every Recognizance and in the  ? of every Affidavit shall be inserted in words at full length the name of the place at which Such REcongizance and Affidavit shall have been respectively taken and made and the date thereof

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And no erasure is to be permitted in such Caption or Jurat (?)

3. Every Oath in Ecclestiastical Jurisdiction is to be transmitted by the Commissioner under Seal to the Registrar of the Supreme Court as soon as conveniently may be after it is administered.

4. Every such Commissioner may demand and receive the fees following viz.

For every Recognizance when ordered to be taken before a Commissioner 10s-d, For every Affidavit at Common Law 1-6. Ditto in Equity 2-6.

In Ecclesiastical Jurisdiction

Every Administration Oath 5-, Every other Oath 1-6

(Signed) A L Pedder A Montague

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26 Jany 1836 Clerk of the Supe. Court Enclosing order of Court respect. The Commissioners

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Copy

Launceston 23 Feb 1836

Sir

I beg leave to request that you will grant me a wholesale license, the ? intended to be occupied by me in a cellar under Mr Russells house in the Church Square 22 feet by 20 feet. I have the honor to be Sir, Your Most Obt. Servant Mungo Sommerville

G L Davies Esqr. Asst Colonial Treasurer

(printed document attached to p 95)

No 120 Internal Revenue Van Diemen’s Land

Permit Mr Mungo Sommerville of Launceston To Receive one hundred and twenty Gallons of Colonial Spirits Strength,  (presf?) as under part of the Stock of Mr David Mc? Distiller Caledonian Distillery. This Permit to be in force from ten o’clock Sept 9th Ins. For the Goods being sent out of Stock, to three o’clock P.M> 9th Inst. For the same being received into Stock, Witness my Hand, this eight Day of June 1836. Granted by St John E Browne Inspector

3 casks 120 gall (?) Spirits

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1836 (in pencil top right of page)

James Freeland sworn saith I am Overseer to Mr Gleadow to whom the Prisoner John Smith is assigned. Yesterday morning the 9th May instant I left the Prisoner in charge of the Pigs – when I returned home in the afternoon I found him absent from his duty and that he had allowed the Pigs to get into the Garden and destroy a quantity of Potatoes in a (garden crossed out) Pit – one of the Pigs was dead which he said was drowned – he has before offended in this manner. James Freeland.

Plea Guilty. Twenty five lashes and Retd. To Gov.

(mark in left hand side margin John /2/ and General (in pencil)

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Freeland v Smith (a prisoner) neglect of duty Twenty five lashes and to be Returned to Government

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(Coat of Arms) June 1836 (in blue pencil top right of page)

Van Diemen’s Land (To Wit). Information. Be It Remembered that on this ninth day of July one thousand eight hundred and thirty six at Launceston in the Island of Van Diemen’s Land William Peel of the same place Constable personally came before me John Clark Esquire one of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, and gave me to understand and be informed that on the twentieth day of June last past “James Corbett of Launceston at certain premises situate in the Wellington Roads in Launceston aforesaid, did sell and Retail Malt Liquor in a less quantity than Five Gallons of lawful measure (to wit) one pint of Beer without having obtained a licence in the manner and form by the act in Council herein after mentioned. The said James Corbett not being nor being known as a practising apothecary, Physician, Surgeon, Chemist or Druggist. Whereby the said James Corbett hath under and by virtue of an (in ink above 4th Wm.4th No. 8 Sec. 44) Act made and passed in that behalf forfeited for his said Offence, a penalty of not less than Ten pounds nor more than Fifty pounds together with the costs and charges of and attending the conviction for the said offence; and the said William Peel prayeth that the said James Corbett may be summoned to answer the premises. Taken the day and year first above written John Clark Thursday at 10 Wm. Peel

Plea Not Guilty.

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August  8 1836 Peel v Corbett Breach of Pub. Act. Dismissed.

Dismissed. Present for  his blast asst George King Esquire August 8 1836

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Copy. (in pencil top right of page July 1836)

Westbury Island of Van Diemens Land. To wit

The examination of Thomas Richard White saith I was in the service of Mr John Archer Launceston previous to my taking the Bush. John Camplin was in the Bush with me, I went down the river and he came town 10 days after, I heard the deposition of Mr Jones’s nephew yesterday and all that he said was perfectly true except that is was a Rasor which Camplin had, and not a Knife, I absconded the last day in November. Soon after we absconded we went to work for a Mr Barrett, to strip bark at the Devils Elbow. He knew we were absconders and he only gave us our Provisions for what we did. We worked for him 3 weeks. After we left him we built a hut in the Bush and when we wanted Provisions, we used to go to him and he gave us. We made him no return for our food and in consequence of me and the other Man having a Quarrell we left the hut and separated for about a week. I was sorry we had quarrelled and then went back to the hut. We were without Provisions and Camplin gave me a watch to try and get some Provisions, he said he got it from the Supply Mills, and I afterwards heard there was a Watch missing and belonging to Mr Thompson the Millwright. I sold it to a Man of the name of Wilson a stranger, he gave me some Tea Sugar Flour and Tobacco to the amount of about

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10/- for it. He knew I was an absconder. I then returned to the hut and Camplin told me he had robbed a Hut of some Clothes about 2 Miles from Mr. Jones’s. There was a Hat, 2 Shirts, 2 Waistcoats, 2 Handkerchiess and a fustian coat, one of the waistcoats was a plush one, it was of a Bluish Colour, when we left the Hut we planted the Hat and Coat in a hollow Tree, we then went down to the Devils Elbow River Tamar to see if Nelson would buy these things, but he was gone to Town. There was a Man of the name of  Finlay who slept in the same hut as Nelson did before he left, he gave us for the things except the shooting Coat Hand and 2 Handkerchiess.Tea, flour, sugar and Tobacco to the amount of 30/-  for them. I then went back to the hut and I went out kangarooing one night and I lost my dog and I went back to the original  house of the Dog, of the name of Elliott at the river but the dog was not there. I then went back and Camplin said, we had better go and look for the dog as it might let lead to a discovery. I afterwards ascertained that Finlay had killed the Dog, we then had another Quarrell and I said I would go and give myself up, I tried to persuade

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Him to do so but he would not. Two or 3 days afterwards I went into Launceston and hearing the Constables were after me I took a Boat and went down the River and was taken in my passage down. I acknowledge to have assisted in killing the Two Sheep found in the 2 Bags by Mr James Shepherd, the Bags we got from Kinlays and the Kangaroo skin cap is Camplins. I do not think they are Mr Jones’s sheep as they were killed a long way from Mr Jones and I had seen them before they were very wild and had long wool. The Dogs that the Shepherd saw us with, one of them was taken by Camplin at the Supply Mills. The red Dog we lost on the day we had the struggle with the shepherd when we were at Port Sorell Camplin knew some of the Sawyers and splitters there and they gave him some Provisions but I never went near them myself. There was some women there and a black woman. We were all round by Frogmore and only saw one Man there During the time we were on the north side of the Meander we had a Hut about 4 Miles from Mr Jones’s Place. We lived at the Time upon Kangaroo and we sold the Skins to Kinlay for flour and other articles. We killed some hundreds of Kangaroos and

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Camplin (crossed out) Kinlay used to allow us 4d a piece for the skins. We never killed any more than the 3 sheep. During the time we were about the supply flats we fell in with a Man, having a Kangaroo Coat on, a pair of canvass trousers patched with skin, a pair of Mocassins made of  Wombat Skin and I think a Scotch Cap, he had a double barrelled Gun and a Knapsack, he stood better than 5/5 and of a fresh coloured complexion but we had no conversation with him and he was going towards the Tiers, he told us to go on. I have just heard the description of Samuel Britton and the Man that we saw answered his Description at the Time we were about Mr Jones’s we saw a Man with 4 or 5 dogs and we one day saw Mr Wright’s man with some Bullocks. I never sold or gave away any flour or wheat to any person during the Time. I was in the Main of the Mill on the River Tamar. This my voluntary confession. I neither expect  reward or a recession of Sentence for giving this Information and no hope has been held out to me and now do it in feeling sorrow and regret for my past conduct. I omitted to state that at a short distance from the place where I meet the Man with the double

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Barrelled gun that there was a hut apparently fresh made on the Top of a Hill and about 8 Miles from the Supply Mills there was also the remains of a Straw Hut by the side of the Supply Creek there was also a Piece of Ground found in as a Garden there was nothing in the Tent but there appeared to have been a fire a day or Two before. Thomas Richard White Witness Charles J Watkin

Taken before me this 13th day of July, 1836. (indecipherable signature)

The further examination of Thomas Richard White about 6 Months ago when I and Camplin were in the Bush, we saw a Place, where a Bullock had been killed, we saw a Head it was a Brown Head and we also saw some Bits of Sheep Skins, this was at Barretts Creek, Harry James is an acquaintance of Camplin’s and I have no doubt that Camplin is with him as also a Black Woman down at Port Sorell.

Thomas Richard White Witness Charles J Walker.

Taken this 13th day of July 1836 before me

Signed   ?  ? Old   ?  ? (indecipherable signature)

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Present Pearson Foote Esqr. JP Charles Lonsdale Esqr. JP

The Prisoner on being asked whether  this was his voluntary supepion replied “Yes.”  That he had neither been offered reward, remission of Sentence or paid on or any other consideration for giving it. Taken before us this 13th day of July 1836 Thomas Richard White

Pearson Foote ? ? True Copies ?

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Westbury Island of Van Diemens Land To Wit

The information and examination of Henry Bonney saith I received instructions from the Magistrate to proceed on duty in the Bush on Thursday last and to take Thomas Richard White a Prisoner now in the Watchhouse and he led me to a ravine where I formerly found  Brittons hut and about five Miles from that I saw another Hut and it was knocked down. He continued to lead me and about a Mile further I came to another Hut and White told me that was where he and Camplin and Britton had lived when we came to the place White observed the hut is down and he then took us to the Tree where the hat and Coat had been planted but they were gone. It was dark and we made a fire in front of the Tree and Slept in it that night and I then told him that there was somebody else engaged in this work besides him and he did not tell me then & the next morning I asked him again, he said he would tell me the truth and he was afraid he should be hung. I said I could not say but I

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I would speak to the Magistrate at Westbury and I dare say he would do all he could for him. He then told me that he (Camplin)  & Britton had lived at the huts. I said I thought so by the work. He then said he was at Kinlays one night and that Kinlay laid him on to Britton. He said Britton had a double Barrell’d Gun makers name “Manton” and Camplin had a Musket the one that Jeffries used to carry. He then shewed me a Garden – there were Two Beds of Turnips and about 100 Yards from the Garden White shewed me a box let into the Ground and covered over with Bark it was 3 x 21/2 ft they salted the meat in the Box – he then took me to a large Stringy Bark Tree that he said they used to keep the Kangaroo Skins in – On the way home I saw a good many Sheep Bones and upon my observing to him “you have killed a good many sheep” – he said yes, he had killed some I told him he had better tell me every thing. He said he would and that we should soon come to where he had killed Two of Brumbys Sheep. When we came opposite to the place he went with Two Constables and brought them skins out of the Scrub. As a proof of

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Of the Statement I have brought home some of the Wool, the Skins were rotten and when we came near Mr Jones’s I asked the Shepherd to shew me where he fell in with White, which he did, and the Shepherd and Two Constables went to where the Skins were planted near the Brushy Creek on Mr Jones’s Land and they were branded JA Mr Jones’s Brand. He told me that he Camplin & Britton had stolen some (x 53 or 54 ewes in margin) sheep and they had taken them to the Tamar and sold them to a man of the name of Kinlay at the Devils Elbow, all at one time – some were branded JA and some had a swallow tail in one year, and some branded RD.

Taken and Sworn before me this 18th July 1836 Signed Henry Monn ??

A True Copy ??

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Westbury Island of Van Diemens Land To Wit

The information and examination of Thomas Richard White saith I accompanied Mr Bonney into the Bush and acted as leader to the party. I took him to a Valley between Westbury and the Tamar. I first shewed him a small hut in which I, Camplin and Samuel Britton pulled down. This was the hut built by me and Camplin.During the time we lived in this hut I went down to Kinlays at the Devils Elbow and Britton was there. When I went in Camplin, Kinlay and Britton had some conversation together outside the hut. Kinlay came into the house and told me I had better join that man as he could put us in a better way, as he knew the Bush better. At this moment I did not know who the man was, we  did join him and took some Tobacco Tea Sugar and Flour which was given to us gratuitously as we regularly dealt with him. We made for the Supply Creek, stopped there that night and started next morning & went to Brittons hut – it was a hut built of Fern, Stone Chimney and Bark floor and capable of holding 3 Men. Britton had a double barrell’d Gun and gave my Mate a Musket, he was very suspicious of me & would not let me out of his sight, and used to follow me when I went for water. We all there lived together for about a month. Britton had a considerable quantity of Flour Tea Sugar Tobacco and had some mutton salted in a Box I shewed Mr Bonney. During the time we resided together we killed 4 Sheep 2 first

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2 first were Mr Brumbys the other 2 Mr Jones’s. Britton U Camplin got a herd of 50 Sheep on 4 Spring Plains. I affisted the other Two to drive them down to a Stock Yard about half a Mile from Kinlans Place. I stopped and minded them while the other Two went to Kinlays. Kinlay came to the Stock Yard and looked at them & we all then went to Kinlays hut and had something to eat, when we went we took away 2 Bottles of Rum with us. At this time we had plenty of provisions at the Hut. On our way back we stopped at Brittons half way house and got intoxicated. Britton called me a cowardly rascal for not going and affisting Camplin, when the Shepherd was struggling with him. This took place between 6 & 7 weeks ago. I remained in company with them about a week after, and the reason why I left them was that they talked about going to shoot Mr Jones’s shepherd. My first intention was to have given myself up at the Supply Mill hut in consequence of meeting with a Sawyer who asked after Camplin, he persuaded me to go into Launceston and give myself up which I attempted to do but my heart failed me and I then took away a Boat and went down the River and was taken as already stated in my previous examination. I never heard what was to be given for the Sheep while I was with Britton we killed between 4 & 500 Kangaroo. Britton had plenty of powder and shot, and plenty of Caps Percussion. We found out it was Samuel Britton by going down to Kinlays. By the appearance of Brittons hut it had been built about 6 Months. By the appearance of Britton

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Britton he must have been the same man I mentioned in my former examination of having been at the Supply Flats. We had 3 Dogs a Black one belonged to Britton and very likely the one the Shepherd must have seen. My former examination is all true as far as it went but I was afraid to tell more, and this in continuation is also the truth and I am ready to step forward and affist the Government in any way that lays in my power. I know Harry James quite well and I know John Rosevear, he used to work with him when I was at Port Sorell. Britton was with me, and he and Camplin went to where Harry James lived. When I separated from Britton & Camplin, Britton was in the hut and Camplin was out with the Dogs. I am certain that the head of the Sheep and which is now laying on the floor of the office is one of Mr Jones’s. The Double Barrell’d Gun Britton had, had two odd cocks, it had a Colonial Stock it was a Twisted Barrell, it had the name ‘Mortimer’ on the Barrell and there was a name on the lock it was I think either Manton or Manning. Britton & Camplin never trusted me much as they made a  sort of servant of me to cook for them.

Sgd Thomas Richard White Witness Sigd. Charles J Walker.

Taken before me this 18th July 1836 ??

(written vertically in right hand side margin

This answers the description of the Gun taken from Mr Charles J Walker taken by Britton, Jeffries & Brown during his residence on the River Tamar

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Sergeant Bernard Sweeney No 602 of the 50th re Queens own Regiment to be brought to trial on the following Charge

For having when on duty at the Government Cottage in Launceston on the afternoon of the 29th of August 1836, used highly improper and disrespectful language to, and committed an assult with a drawn bayonet upon the Police Magistrate John Clark Esquire and Mr William Franks at the same time threatening that he would run the latter gentleman through – Such conduct being unbecoming the character of a Non Commissioned officer,and subversive of good order and Military Discipline.

By command Edmd  Provought Town Adjutant

Town Adjuntant office

9th September 1836

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2

602 Sergeant Bernard Sweeney

Prosecutor, John Clark Esquire, sworn saith; on Tuesday the 29th of August last between four and five oclock in the afternoon I went to the Government Cottage on duty. On going up there I met Mr Franks who said  he had some business there and we rode up together/corrected/ Before I mounted my Horse I met Mr Franks just as I came out of the office/ When I arrived at the gate I saw Sergeant Sweeney he spoke to me over the gate he was close to the gate. I asked him what ladies of the committee were there, he mentioned the names of two whom I was acquainted with, I should say at this place that when I saw this man there was nothing about him to make me suppose he was on duty, he had no drawn any such as a Sentry has usually when on duty and he said nothing at this time that led me to suppose that he was on duty. He said nothing that led me to suppose that there was the slightest objection on the part of any one to my entering. Some person I did not known whom at the time I have found since opened the gate I believe at my own request Mr Franks entered first. I followed a few yards  behind him. The first thing I noticed after Mr Franks had advanced about 20 yards was Sergeant Sweeneys right hand hold of the right side

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Of Mr Franks bridle, and both talking very loud and fast. I heard to the effect Sergeant Sweeney say he would not allow Mr Franks to go in. I was a short distance them at this time, to the right behind him. The Sergeant came over to me I told him I supposed he would not prevent me from going in and told him who I was. I thought from the way in which he came towards me, and from what I saw pass between him and Mr Franks he was coming to lay hold of my bridle and I told him not to lay hold of my bridle, he did not do so but he drew his bayonet and projected it in front of him he never offered to touch me with it after I told him who I was and just at this stage of the proceeding he said he did not care a dam who I was I think I mentioned my name. I am certain I told him I was Police Magistrate I told him it was wrong. I think the words I made use of where “You are wrong very wrong Sergeant and he put up his Bayonet immediately and offered no more obstruction to my passing indeed he went away.  just after this some of the ladies came up, some conversation took place between one of the ladies and Mr Franks, but what it was I could not make out. I only knew a word or two, after this I rode back to look for Major Ryan and he rode back with me, perhaps it is right. I should here observe that as we were going out of the gate to look for Major Ryan Mr Franks threatened the Sergeant in saying he would

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Would have him reduced to the ranks for this. When I came back to the gate and Major Ryan after telling him what had happened Major Ryan said to the Sergeant. There is no general rule without an exception you ought to have used your discretion and admitted Mr Clark. I think he used my name I had gained the end I wanted in gaining admittance and was siding away when I heard (In gaining a sight of admittance I should rather say for I really did not want admittance) the Sergeant urging to Major Ryan the orders he had given. The Sergeant during the altercation between Mr Franks and himself said he had Major Ryans orders not to admit any one/to prevent him entering.

Question by Prisoner. After I told Mr Franks there was no admittance did he not say go on Clark and I will soon follow or ride the fellow down or words to that effect?

Answer. I did not hear any thing of the kind.

Question by Prisoner. Did you see Mr Franks at the time I had hold of his bridle, or afterwards or at the time. I told him there was no admittance, working himself in his saddle and urging his horse on?

Answer. I did not observe Mr Franks urge his horse on. I think if he had it would have plunged and kicked violently as it did afterwards then leaving the gate as soon as before in crossing the green or arriving at the gate. I do not think that 50 people could have stopped the Horse but by holding the bridle.

Question by Prisoner. What was the manner and nature of

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Of Mr Frank’s conduct towards me and in what way did he speak to me.

Answer. Mr Franks manner of speaking was fast and loud. I should say with reference to the answer I have given which I consider an answer to the question as to answer that Mr Franks manner was intemperate.

Question by the Court. Did the Sergeant when he drew his Bayonet ? you with it or did he  do so to shew that he was determined to support the orders he had received from his commanding officer.

Answer. I did not at any period hear the Sergeant say he would see my person through. I conceive the drawing his Bayonet was an assault but the Sergeant did not attempt to use it upon me.

Question. Will you state the nature of the duty on which you went to the Government Cottage on the day in Question.

Answer. I went there for the purpose of seeing that the best Constables for such duty were there and to give them their orders for the night and for that purpose I asked (I do not know whether it was the Sergeant ) I asked) for Dr Kernahan who was living at the Cottage.

Question Will you state how many Consertables you found on duty at the Cottage and where they were stationed.

Answer. When I first went

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Went up to the gate I did not observe a Constable stationed there. I afterwards found there was one there then stationed in charge of the gate. Dr Kernahan was I believe inside, he lives there. I found another Constable about two yards inside the back gate walking up and down I asked the Constable at the gate what orders he had, he answered to prevent any of the women going out. I had not stationed the Constables. I did not know where the Constable at the front was, at that time I sent for him to the back gate to give him his orders.

Question of Const. Were you not aware or had you not good reason to know that positive orders have been given by the Civil and Military Commandants at this station that no gentleman was to be admitted in consequence of the Ladies of the Committee having assembled there on business relative to the females landed from the “Amelia Thomson. I did not suppose the Commandant had  power to give any such orders. I suppose that such regulations would exist. I did not know it from any person or anything. I did not suppose there could be any objection to the Police Magistrate resiting his constables at any time and any where. I supposed so only but I did not suppose that would apply to myself!

Question. Suppose that orders had given by the Commandant to his Military stationed at the gate

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Gate that no gentleman was to be admitted under such orders do you suppose yourself justified in resisting the Military placed there?

Answer. If I had seen any soldier whom I supposed to be on duty any where I should not feel myself satisfied in resisting him personally. If I thought the orders wrong I would go to those who gave them as I did.

Question. Upon what authority or upon what grounds did you imagine that the Sergeant told Mr Franks that he could not admit him if he were not on duty.

Answer. I suppose the Sergeant was acting under orders of his superior.

Question. Did any conversation pass between yourself and Mr Franks on going up upon the subject of the possibility of your being refused admittance.

Answer. I do not recollect I can answer for myself I had not the least supposition that I should be refused admittance.

Question.  Is it a usual thing with (crossed out)for you to visit your Constables?

Answer. It is any new or important stations I visit I frequently visit the Constables at the Bridge.

William Franks Esquire sworn saith I rode up in Company with Mr Clark to the Government Cottage on the 29th of August last on arriving at the gate Mr Clark

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Asked what ladies of the Committee were there, it was about 4 o’clock. I thought it was to a Constable but I understand after it was to Sergeant Sweeney. He was answered I believe by the Sergeant that Mrs Barnes  Mrs Jennings and some others were inside. Mr Clark then asked the Constable what Constable was at the back and how many were stationed there. The Constable said there was one. I do not recollect the name. Mr Clark then asked  where Kernahan was. The man said he believed either at the Cottage or in the Yard. Mr Clark then told the constable to open the gate he did so accordingly and I rode in before Mr Clark. Mr Clark followed me. I rode on in consequence of Mr Clark speaking to the Constable  on my proceeding in about 10 or 15 yards  I was met in the  ? by Sergeant Sweeney who was walking down towards the Cottage but turned  round short and seized the reins and said you cannot go in. You shall not go in here he said he had orders from the Commandant to admit no person. I told him the purpose I came for and that the Commandant was aware that I intended coming up. Sweeney said that he did not care that he (crossed out) I should not go on my horses head was turned across the ? ? to the ? entrance gate. This was done by the Sergeant laying hold of the bridle

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I did not go any further. Sweeney then left me and ran across to Mr Clark who was nearer the entrance gate than I was and said you shall not come inhere in either, at the same time lifting his left hand as if to lay hold of Mr Clarkes bridle. Mr Clark said you had better not touch my Reins. The Sergeant again said you shall not come in. Mr Clark said I have business in, perhaps you do not know who I am. I am the Police Magistrate. The Sergeant made answer. I do not care a damn who you are, Mr Clark said Sergeant I have a right to go in Sergeant said to Mr Clark if you enter I will run this through you at the same time drawing his Bayonet. Mr Clark then said Sergeant you are wrong. You are wrong put up your bayonet. The Sergeant did so at once. At this time I was about eight yards nearer the Cottage than Mr Clark and the Sergeant I had not moved from the place where the Sergeant left me. I said to the Sergeant after he had drawn his Bayonet and put it up again. “I will take good cause to report you to the Commandant and have you reduced to the ranks allowing to his drawing the Bayonet. I explained to the Sergeant telling him that it was a letter from my father which I wanted to lay before the Committee as it related to some of the Women near his place I also told him that the letter was forwarded to me by the Commandant after the altercation was over and the sergt.

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And the Sergeant had put up his Bayonet seeing Mrs Wilkinson coming from the Cottage. I took a few paces towards him to explain why I came and what had occasioned (crossed out) occurred ? by Prisoner. During the day in question were you not told by Major Ryan that you could not be admitted that day at the Cottage.

Answer. I was told by Major Ryan in the ? at the Government Cottage at about one oclock that I could not have admittance. I went up at that time for the purpose of getting some of the ladies of the Committee to select a servant for Mr Archer who had not come to town. The Major said you cannot go in, the ladies are engaged classing the women and  none will be hired out until tomorrow. I immediately walked away. Major Ryan did not tell me that the ladies would not see me on any account and when I got the letter, at ½ past three o’clock or four or later from what the Major told me I thought that it would be a very good opportunity of recommending the women. I got the letter from a drummer whom the Major told me he had sent after me ? where, after reading the letter, I told the Major what is was about and said I should wish to go up and shew the letter to the ladies – The Major said

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“I think I shall have to go up again you may as well go (crossed out) come with me. I did not go with him.

Question by Prisoner. Did I speak in a mild manner to you when I told you, you could not get in?

Answer. You did not! On the contrary!

Question. Where you aware when you went the second time to the Cottage that there was a general order that no person could be admitted?

Answer. Most certainly not! If I had I should not have gone. “Going from the Cottage I met the Commandant – and he called out to me.” Mr Franks have you seen these country girls of yours. I said I had not!

Qd. By Court. What was your manner to the Sergt when he told you, you could not go in.

Answer. I was explaining to him the reason that brought me there! My manner was quite temperate!

Qd. By Court. Did you not say “Go in Clark and I will soon follow or ride the fellow down or words to that effect?

Answer. No such thing or words to imply such meaning!

Qd. By Court. Was your manner temperate and gentlemanly towards the Sergeant.

Answer. It was! I was particularly explaining what brought me there. I took the letter out of my pocket at the same time!

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Question by Court. Did the Sergeant tell you that he had the Commandants orders not to let any one in?  Answer. Yes! The Sergeant said the Commandant had given him orders not to admit any person and he would stick to them or words to that effect!

Question. Did you as a gentleman imagine at the moment that any explanation that you could give to a soldier on duty would authorise him to disobey the orders he had received from his Commanding Officer.

Answer. At the time I did, and consequently entered into the explanation.

Question. After the Sergeant had seized hold of your Reins was your manner temperate.

Answer. It was! No angry words passed between the Sergeant and me until after his drawing his Bayonet on Mr Clark.

Question. Did you make use of any other threat than that of saying you would  have him reduced to the ranks?

Answer. None whatsoever!

Question. Did you make use of the threat of having the Sergeant reduced previous or after the Sergeant drew his Bayonet?

Answer. After!

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Answer. After!

Question by Court. When the Sergeant seized your bridle did you try to urge your horse on?

Answer. Not in the slightest, if I had she would have plunged and kicked.

Qd. By Prosecutor. Were you given to understand by Major Ryan after the first refusal by him, that you could not (crossed out) go in.

Answer. The impression or my mind was that I could not go in on that particular day for the purpose of requesting the ladies to select a servant for Mr Archer.

Qd. By Court. Was Mr Clark in the act of advancing when the Sergeant drew his Bayonet.

Answer. He was not, he was standing still.

Question. Do you consider the Sergeant lost his temper.

Answer. Yes, I thought him very violent.

William Miller sworn saith I am a Constable, a prisoner. I was stationed at the GovernmentCottage Gate by Mr Charles Friend the Chief Constable on the 29th of August last. Mr Clark and Mr Franks came up to the gate and ordered me to open it. I opened it and they rode in the gate. The Sergeant/the prisoner/

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Was some distance from the gate and came running towards Mr Clark and Mr Franks  and bid them to stop he said his orders were to admit no one inside the gate they both stopped Mr Franks told the Sergeant that he wanted to see the Commandant. The Sergeant said he could not let him in, that he would be d  d if he should go in. Mr Franks held a letter towards him at the same time. The Sergeant pulled his bayonet out and held it towards Mr Franks . I heard Mr Clark say the Sergeant did not know what he was doing and Mr Clark asked him if he knew who he was. The Sergeant said he did not care a d  n who he was and put his Bayonet up. The Sergeant then walked towards the Government Cottage and Mr Clark and Mr Franks then came out of the gate.

Question by Prosecutor. Did you hear me speak to the Sergeant before the gate was opened?

Answer. I was so busy keeping the people back from the gate I do not recollect!

Question. Did the Sergeant say he would call any lady of the Committee when we went there?

Answer. I did not hear him say so.

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Question by prisoner (crossed out) Prosecutor. Did you hear me tell the Sergeant that I was the Police Magisgtrate?

Answer. Yes!

Question. Did any other gentlemen go into the Government Cottage on that day?

Answer. Several gentlemen passed back and forwards, both in and out!

Question. What course did they follow to get in?

Answer. Asked to see the ladies of the Committee.

Question. Did they so pass while the Sergeant was present?

Answer. Yes!

Question. Who did they ask, to see the ladies of the Committee?

Answer. The Sergeant.

Court then adjourned to 17thSeptember 1826.

Adjourned Court 17th September 1836

William Miller recalled.

Question by the Prisoner. Did you see me stop any other gentleman on the day in question besides Mr Clark and Mr Franks.

Answer. Yes! I do not know their names some I can state, one was Mr Parker Superintendent of the Lumber Yards the Capt of the ship the females came in. I recollect seeing him stopping  an

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An  officer in uniform and Mr Charles Friend at the same time.

Question by Court! Did the officer in uniform make any remonstrance or try to induce the Sergeant to allow him to pass or did he immediately retire

Answer. He did not, he immediately retired.

Question by the Prosecutor. Did the Sergeant behave properly to the other gentlemen who came to the gate.

Answer. Yes, he behaved properly.

Question. Would any ill consequence have followed if the Sergeant had not allowed the carriage gate to have been opened.

Answer. I do, not consider there would

Question by the Court. Was the conduct of Mr Clark and Mr Franks mild and gentlemanly towards the Sergeant during their conversation with him.

Answer Yes Question (crossed out) If Mr Clark makes the Constable a criterion of Gentlemanly conduct he must take the Consequences. This was uttered by Captain Peddie on putting the above question!!

Answer. Yes!

Question. Did you hear Mr Clark and Mr Franks make use of any threats

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Threats, towards the Sergeant on that day.

Answer. No!

Question. You have admitted that the conduct of the Sergeant towards every other person that approached the gate was correct. Can you state any reason why the Sergeant should have behaved disrespectfully and rude to the gentlemen in question?

Answer. I cannot!

Question by Prisoner. Did you consider yourself under my control on the day in question?

Answer = No!

Lieutenant Andrew Baxter sworn saith.

Questioned by the  Prosecutor. Where you  the Officer of the day on the 29th of August last?

Answer = I do not know!

Question. Can you tell by reference to the orderly book

Answer = Were I on duty it would be entered on reference I am enabled to answer

Question Were you on duty?

Answer I was!

Question If there is a new guard placed is it entered in the orderly book?

Answer It would be entered in the Orderly Book

Question Is there any entry in that Book of a guard being placed at the Government Cottage on or about the 29th Ultimo?

Answer I do not see it entered! It is not!

Question Is it usual with you as officer of the day to visit the Sentices?

Answer, It is!

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Question Were you aware that an orderly Sergeant had been placed on the gate of the Government Cottage on the day in question?

Answer, I was!

Question, How did you become aware of it?

Answer!  I was present on Morning parade when Sergeant Sweeney left the Barracks for that duty!

Question = The Sergeant being so sent away and placed on duty is it usual for it to be entered in the orderly book.

Answer, No!

Question by the Court. Did you see the prisoner on his post on the day in question and was he correctly dressed as an orderly Sergeant on duty?

Answer. I saw the Sergeant on his post about half past two o’clock, he was then properly dressed he had on his side arms and sash!

Prosecution closed.

Sergent Sweeney states in his defence, I was placed on the Governt Cottage on the 29th of August last with orders from Major Ryan to allow no person to pass within the gate except the ladies of the Committee and whoever they passed in, or men going

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Going in with bedding or necessaries for the emigrants whom I was to pass in, and out again, or whoever, the  Major passed in between the hours of two and three o’clock Mr Franks came to the gate. I told him he could not get in the gate was opened for the purpose of allowing bedding in Mr Franks paid no attention to what I said and went on a few paces to where Major Ryan and Mr Henty were standing and said Can I not get in Major? The Major replied “No Franks there is no admittance to day. I then moved near the gate and did not hear what more was said. Mr Franks shortly went out. Some time after this I passed in some men with provisions and saw them out again. I told the constable on the gate to allow no person in it and I then went down to the Cottage to see if the emigrants had got plates &c and on my coming back I saw Mr Franks and Mr Clark at least another gentleman coming towards me. I said Mr Franks you cannot get in it is the Commandants orders.

Final Evidence. He said do not dare to stop me I said I will, it is the Commandants order he then said I shall go forward (to?) I said you (I crossed out) cannot Sir

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He said I have a letter. I said I will deliver it for you. He did not speak but urged on. Mr Franks said  then I shall get in. I said you cannot x

(note in rhs margin Evidence corrected by Sergeant on reading over

He came towards me a little and I caught the reins of his horse. He then said go on Clark. I put my left hand towards Mr Clarks horse who said do not catch my horse. Mr Franks then said go on Clark and I will soon ride the d—d fellow down or words to that effect. I said “will you” and let go his reins and I took a pace to the rear and dress my bayonet and saith if you attempt it I will run you through. Mr Franks said you d—d rascal you are a pretty fellow to stop two Magistrates. I stood for a little and seeing that they did not come forward I put up my Bayonet and went to the right about and moved towards the Cottage. I met Mrs Barnes and asked her if she had seen the Major. She said No. I then told her partly what had happened the two Gentlemen had attempted to ride me down. Mrs Barnes came up with me, and spoke to Mr Franks and took a letter from him. I then ordered the Constable to open the gate and let the gentlemen go out Mr Franks then said I will take good care I will have your stripes

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Stripes off tomorrow. I said “will you” He said Yes! I will have you in the Ranks before ten days and after going outside the gate Mr Franks turned towards Mr Clark and said there had ? right to be a d—d soldier there at all.

Major Ryan sworn saith.

Question by Prisoner. Did you place me on duty on the gate of the Government Cotage on Monday the 29th of August last and what were the orders you gave me?

Answer. I placed Sergeant Sweeney inside of the Govert. Cottage gate on the first day of the landing of the female emigrants by the Amelia Thompson, on Monday the 29th of August and I gave him positive orders which I repeated twice or thrice to him that he was not to admit any person whatever either male or female inside of that gate during that day with the exception of the ladies of the Committee and those persons who were employed in bringing in provisions or any supplies that were necessary. I placed a Constable outside of that gate and told that Constable that he was to keep off any crowd approaching the gate. I afterwards said to Sergeant Sweeney in going into the cottage “Recollect you have charge of the gate. I selected Sergeant Sweeney to enforce that

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That duty as one of the steadiest and best conducted non commissioned officers in the 50th Regt. Placing that Sergeant eminated from the suggestion of the ladies of the Committee at a Public Meeting which was held of the Ladies composing that Committee on Friday the 26th of August. The resolutions passed were most unanimously entered into and carried by the ladies of the Committee on the 26th Augt. That owing to the Confusion that would naturally occur on the first day of landing the females, that no person whatever should enter the Government Cottage where the females were to be lodged on that day with the exception of the Ladies of the Committee myself and the surgeon of the ship. The ladies composing that Committee also suggested to me that in order to enforce the regulations strictly requested that I would place a Sergeant at the gate all of which I fully concurred in. I told Sergeant Sweeney when I gave him my orders that he was not to allow any person in the gate unless passed by a lady of the Committee and when any lady approached the gate to come in, he was to ask if she was a lady of the Committee.

Question by Prisoner. Did you tell Mr Franks on the afternoon of the day in

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In question that there was no admittance to the Cottage on that day for any person.

Answer I did tell him words to that effect. I told Mr Franks himself personally that he could not come in that there was no admittance for any one. I think I qualified it by saying that if I admitted him I must admit others. This was between 2 & 3 o’clock in the afternoon Mr Franks was outside the gate close up to it. I was about twenty yards from the gate inside. The Sergeant between me and the gate I suppose the Sergeant must have heard, as he was between me and Mr Franks.

Question by prisoner. Was Mr Franks approaching towards me when you told him he could not be admitted.

Answer. I think Mr Franks was outside the gate. I do not think he was inside the gate – he might have been.

Question by prisoner. What would have been the result if I had disobeyed the orders you had given me?

Answer. I should have placed you in confinement and dealt with you according to the rules of the Service  for disobedience of orders by preferring charges against you!

Question. Will you as an officer who has been sometime in the service say What do you consider to amount to

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To forcing a soldier upon his post?

Answer I should say that any person attempting by threatening language or gesture before a military man placed on public  duty after that Military man has stated to him his orders or any attempt at violence used towards him in the execution of that duty is what I conceive tantamount to the Soldier being forced on his post. Major Ryan here state on a consideration something strikes me that Mr Franks was a short distance inside the gate when I told him he could not be admitted but I also told him so previous to that when he was outside the gate.

Question by the Prosecutor. Did you  tell the Sergeant that the Constable was to obey his orders?

Answer. I think I did but not in that positive manner. I said in the presence of the Constable that the Sergeant was responsible for the gate.

Question. Had the Sergeant any civil power

Answer. He was empowered by me with all Civil and Military authority on that day. Corrected.

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8 Corrected. No! He had no civil authority.

Question. Was the Sergeant on that day sworn in a Special Constable?

Answer. I have stated already he had no civil authority! He was not!

Question. Do you conceive that you have any proper authority as to the disposal of the Police.

Answer. I consider I have on occasions similar to the one in question. I am a Magistrate of this Colony and I conceive that I have authority to demand the assistance of the Police Constables on an occasion like the one allued to and on that day I did demand the assistance of those Constables from the Police Magistrate. The female emigrants which arrived in the “Amelia Thompson” were by His Excellency’s orders placed under my charge and I conceive that if it is necessary for me to require the assistance in person of the Police Magistrate that as Civil Commandant he is bound to obey.

Question by Prosecutor. Did Mr Franks return at once when you told him that he could not see the ladies of the Committee for the purpose of selecting a servant for Mr Archer on the day in question?

Answer. He did! This is the same day I believe spoken of before.

Question. Did you forward Mr Franks a letter afterwards from some of the women

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By the “Amelia Thompson after (crossed out).

Answer. I did.

Question Did Mr Franks make you acquainted with the contents of that letter afterwards.

Answer I think Mr Franks told me afterwards it was from his Father recommending two of the females of the “Amelia Thompson”

Question Did Mr Franks express a wish to see the ladies of the Committee on the subject of that letter?

Answer. He did during some part of that day!

Question. State the time if you can

Answer I overtook Mr Franks as I was returning from the Government Cottage towards town. I then told him I had given a letter to a drummer who was coming after me that it was for him and given to me by one of the female emigrants this was about three o’clock.

Question. Did you tell Mr Franks that you were going up to the Cottage and he might as well go with you.

Answer. I told Mr Franks after he mentioned to me that he had a letter from his father about two servants, and on his saying he would go up and get them himself (this was said in a jocular manner) I said to him

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I am going up myself by and bye you had better wait and ride up with me, and probably I will get you permission from one of the ladies of the Committee but at all events (?) if you go up You had better send in to Mrs Barnes and ask her permission/Corrected/ Question repeated.

Answer. In consequence of Mr Franks holding in his hand an open letter saying that he had a letter recommending two Servants by the Amelia Thompson and telling me in a jocular manner that he would now go up and get them himself I told him that I should ride up by & bye and he could go with me and I would ask permission of one of the ladies of the Committee to let him go in. Some further conversation took place relative to the women, in parting I told Mr Franks if he was going up to the Cottage in all probability if he sent in to Mrs Barnes he could get admitted but I gave him no permission myself. Major Ryan states Although Mr Franks made use of the expressions I have stated I did not consider he intended to carry those jocular expressions into effect.

Lieutenant Baxter recalled Questions.

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Question by  Prisoner. Did you go to the Government Cottage on the 29th of August last for the prupose of entering it?

Answer. I did.

Question Where you admitted.

Answer. I was not the Sergeant told me I could not go in his orders were to the contrary. His orders were not to allow any person to pass!

Question by Prisoner. What was my Manner of delivering that Communication to you?

Answer. Your manner was most respectful and soldier like.

Qd. Will you state to the Court any general character as a non commissioned Officer?

Answer. Since I have known you which is about twelve months I have always considered you an excellent non commissioned officer and steady man!

Frederick Niblett sworn saith I am a Butcher residing in Launceston On Monday the day on which the emigrants were landed from the “Amelia Thompson” I saw two gentlemen come up to the Government Cottage one of them told the people outside to go about their business and ordered the Constable to open the gate.which he did and the gentlemen went in The Sergeant came up to the gate and told them there was no admittance that it was his orders not to admit any gentlemen in. One of the gentlemen told him to stand on the side that he had no business with them that they were two Police Magistrates

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Magistrates. The Sergeant then took hold  of the Reins of one of them with his right hand and put his left hand to the point of the shoulder of the other horse. One of the gentlemen said “You ride on Mr Clark and I will follow you and I will ride him down or ride over you I do not know which the Sergeant said “Will You” and step’t back and drew his bayonet. The gentlemen on the right hand said something to the Sergeant which I did not understand and the Sergeant turned round and went towards the Cottage and some ladies came up and a Lady in black took a letter from the gentleman on the left. They went away again and the Sergeant ordered the Constable to open the gate and then the gentlemen turned their horses and went out. One gentleman turned round and told the Sergeant he would have his stripes taken off and have him put in the ranks either in ten days or in less than ten days I am not sure which. The Sergeant said “Will you” and the Gentlemen went away. The  Sergeant came up to the gate and asked if there was any free people there to witness what they saw if they should be called upon. One man spoke, one young woman spoke I do not know whether she is here or not. I have not seen her since. The Sergeant asked the Constable and

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And the Constable told him not to call upon him if there should be any thing about it because he said they might have a spite? On business? will not say these were the exact words but they were to the same effect “if ever he went before them as he was a Government man. I am free.

Question by the Court. Did you at the time the Sergeant draw his Bayonet, hear either of the gentlemen say you are a pretty d—d rascal to stop two Police Magistrates?

Answer. I did not recollect exactly those words I heard them say something about stopping two Police Magistrates.

Question by Prisoner. What was my Manner in speaking to the gentlemen?

Answer. He walked straight up to them and spoke mildly enough as far as I see.

Qd. By Prisoner. What was the Manner of the gentlemen towards me?

Answer. They seemed rather surprised at the first few words. It was not very mild they were rather

Angry with the Sergeant when they first entered the gate!

Question by Const. After the Sergeant told the Gentlemen they could not enter did you see either of them urge his horse on

Answer The Gentleman on the left hand the one the lady took the

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The letter from put his fists into the horse and the horse pranced about

Question by Court Were you present at any time to day or yesterday during the sitting of this Court?

Answer No.

Qd. Court Is the man present William Miller the constable who requested the Sergeant not to call upon him to give evidence?

Answer. I believe he is the man.

John Fett sworn saith I am a Ticket of Leave man I was standing at the paling of the Govert. Cottage at abouty five o’clock in the Evening of Monday the day the females landed from the Amelia Thompson. Mr Clark and Mr Franks rode within the gate perhaps some twelve yards. The Sergeant approached them and desired them to stop and the two gentlemen immediately stopped Mr Franks then immediately began to press forward and spoke to Mr Clark and told him to go on that he would follow and that he would either ride him down or ride over him I do not know which The Sergeant immediately drew his Bayonet and presented it at Mr Franks and told him  if he did he would run it into him or run him through I cannot say which The Sergeant then left Mr Franks horse and went towards the Cottage

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Cottage and met a Gentleman which I believe to be Mr Wilkinson . The Sergeant and Mr Wilkinson then returned back again. The Sergeant then called to the man at the gate and desired him to open it. The gate was then opened and the Sergeant said – now gentlemen go out The two gentlemen immediately turned round? to go out in turning round Mr Franks told the Sergeant he would have his stripes taken off. I heard no more.

Questioned by the Court (crossed out) Prisoner Was my manner mild towards the gentlemen when they first approached me?

Answer It was!

Qd. By Prisr. Did Mr Franks speak loud and in a passionate manner to me. Answer Rather so.

John William Johnson sworn saith. I am a prisoner of the Crown. On Monday I do not know how long ago I think the females landed three or four days before I went up towards the Governt. Cottage. I saw Mr Clark and Mr Franks go towards the gate. The Constable opened the gate and let them in they were on Horse back. The Sergeant stopped them and said it was his orders not to let any one in. Mr Franks took no heed and went on. The Sergeant took hold of Mr Clark’s horses head by the reins  and said he should not go

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Go. Mr Clark  finised? His horse and tried to ride on, the Sergeant stopped him drew his Bayonet and would not let him go. Mr Franks swore and told him to ride over him, he could not because the Sergeant stopped him. Mr Franks rode down and gave a letter to some lady. Mr Franks came back  and they both went away. Mr Franks said he would take the stripes off the Sergeants arm if it laid in his power. They both rode off & I went away.

Question by Prisoner. John Clark Esquire recalled. You have stated Mr Franks manner was intemperate. Did I tell you I did not care a d—d for you until Mr Franks conduct became intemperate towards  me.

Answer. You certainly told me so after wards when you came up to me but what passed before I really scarcely know for I was behind!

James Taylor sworn saith I am a prisoner of the crown. On the Monday that the emigrants landed from the “Amelia Thompson” as I was at the Government House I saw two gentlemen come riding up. I did not know who they were. One of them ordered the gate to be opened one of them did so and they went inside. The Sergeant went up and told them that his orders were that no person was to be allowed

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In there. The tallest one of the two said he would go in. The Sergeant said that he could not that it was against his orders and the Sergeant made no attempt to stop them. One of them spurred his Horse on and said ride over him. The tallest passed the Sergeant who took hold of the other Horses Reins. The Sergeant said if he attempted to force him on his duty he would run him through with his Bayonet. The gentleman that was on the Horse that the Sergeant had hold of did not offer to move his Horse. A Lady then came out and the tallest gentleman gave her a letter. The Sergeant told the Constable to open the gate to let them out which he did. As they were going out the tallest gentleman said in ten days he would have the stripes off his arm and put him in the Ranks! I am a stranger.

Question by Prosecutor. Are you a Baker, and do you come from the same shop as the last witness?

Answer. Yes! I was in company with him at the time.

Major Ryan recalled. The whole of this paper produced is in my hand writing excepting the signature of  Thomas Wilkinson

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It was posted on the day in question on the outside of the principal gate of the Government Cottage and is as follows

Notice. No person to enter the Government Cottage this day with the exception of the ladies of the Committee and those persons who may be employed about the premises Launceston 29th August 1836. By order of the Commandant Thomas Wilkinson Superintendant.

Mr Thomas Wilkinson is deemed the Superintendent appointed by me to take charge of the female emigrants that were then placed in the Governt. Cottage. His duties are to attend there, to assist the Ladies of the Committee in every thing connected with the affairs of the Emigrants. He is responsible for the internal order and regulations of the establishment as authorised by the Committee. The Lieutenant Governor pointed out to me this Gentleman as a  fit and proper person to be entrusted with this duty. Court adjourned until Monday at 10 o’clock.

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For His Defence. 19th September 1836. Captain Lew sworn saith

Question by Prisoner. Did you go up to the Government Cottage on the 29th of August last for the purpose of entering it?

Answer I did!

Qd. By Prisr. Did you gain admittance?

Answer No. I did not!

Qd. Do What prevented you?

Answer The Prisoner was on duty and told me he had the Commandants orders not to let any one in and he should not let me in.

Qd. By Prisoner Were you in full uniform.

Answer I was

Question by Prisoner. What was my manner towards you in making that communication to you?

Answer. Respectful.

Qd. By do. Are you aware of your own knowledge that I refused admittance to any other gentlemen?

Answer. Two that were with me.

Qd. By Const. Will you state the Prisoners general character and whether you think he is likely to behave rude to any one without provocation. Answer.

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11 provocation?

Answer. His general character is extremely good steady and sober. I think he is one of the last men in the regiment to behave rudely without provocation. I am sure of it from my personal knowledge of him!

Major Ryan recalled.

Qd. By Prisoner (crossed out)Court. Did you return to Governt. Cottage with Mr Clark after he made the report to you respecting the Prisoners conduct on the 29th of August last?

Answer I did!

Question. Did you tell the Sergeant there was no general rule without an exception.

Answer. I did or words to that effect.

Qd. By Prisoner. What was your reason for saying this to me

Answer. When I expressed myself in that manner to you and in presence of Mr Clark I considered at that moment the assault upon Mr Clark and Mr Franks was that of a violent nature, but I had not been put in possession fully of your explanation at that moment. Your answer was confused and you replied “Sir You know you gave me orders not be admit any one” Mr Clark and Mr Franks shortly after rode off  then you explained to me Mr Franks threatened to ride over or ride you down and endeavour to force your post. I was then

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Under a  different impression of the circumstance an in consequence I did not  relieve you from your post but returned you to your duty as I considered you were fully justified in the manner in which you had conducted yourself.

Question by Court. At what time did you take down the public notice written by you and signed by Mr Thomas Wilkinson from the gate of the Government Cottage.

Answer. I did not take it down on the 29th of August last, I think I took it down the following day or the day after.

Thomas Wilkinson sworn saith

Question by Prisoner. Will you state what paper this one produced is referred to already shewn the witness.

Answer. It is a Notice that No person was to be admitted on 29th of August last at the Government Cottage it is signed by me by the Commandants order. I posted it at the gate of the Government Cottage about Ten oclock in the morning in question. The Commandant took it down

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Adjourned to Mrs De Little’s residence

Mrs Belinda de’ Little sworn saith, I was coming out of the Government Cottage on the day the female emigrants landed from the “Amelia Thomson” Two gentlemen rode in, and wanted to pass by the Sergeant, he would not let them & they insisted on passing by. One of the Gentlemen asked the soldier if he knew who they were. The Soldier said he did not care who they were. He had his orders to let know (crossed out) no one pass. The gentlemen had some words with the Soldier. I can not say exactly what they were but one of the gentlemen passed the Soldier the other stood still and had an argument with the soldier. I cannot say what were the words. The two gentlemen talked together one of the two gentlemen said I cannot say which Ride over him or ride him down, on that the soldier drew his Bayonet and said they should not pass by. I became so frightened I got away to the steps of the Government Cottage but I left the two gentlemen behind. Mr Franks was the gentleman who pushed passed. The other gentlemen was talking with the soldier for about ten minutes. I left the place. The prisoner was the soldier who was at the gate it was about four o’clock in the afternoon

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Question by the Court. What was the Sergeants manner when he stopped them. Answer It was stiff. It was neither Civil nor uncivil. I did not hear one disrespectful word. It was stiff. It was rather much so.

Question. Was the manner of the Gentleman who pushed passed the Solder uncivil?

Answer. It was civil. The Gentleman did not appear uncivil to the soldier first they were offended at not being allowed to pass.

Question Did the Soldier become uncivil at first or did he become so after the gentleman had past?

Answer. After one Gentleman had passed him.

Question. On being refused admittance did the gentleman who was first stopped loose his temper.

Answer. No Sir I cannot say that he did.

George Moore being sworn saith I am a prisoner of the crown.

Question by Prisoner. Did you hear

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12

Hear Mr Franks say/ near the Police office on the 29th of August last the day the females were landed from the “Amelia Thomson”/ to Mr Clark They have refused to let me in to the Government Cottage let us go up together and try to get in somehow?

Answer Nothing of the Sort. I did not see Mr Franks or hear him speak. Sergeant Sweeney being questioned if he has any more witnesses to call answers None.

Mr President asking Mr Clark if he has anything to urge Mr Clark  replies, I wish to put a question to Mr Franks to which he did not give me an answer before.

Mr President replies Mr Clark you were asked when such witness was called whether you had any more questions to put and you replied none therefore as president of the Court I must tell you it cannot be allowed.
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13

Mr President and Gentlemen

Before commenting on the evidence produced on this prosecution I wish it to be distinctly understood both by the court and the public at large that I have  particularly desired this Court Martial should not take place. But it appears that my request to quash these proceedings, or even to postpone the trial, until the further orders of the Colonel Commanding should be made known, could not be acceded to. The President considering his orders to proceed to be imperative of course I could not shrink from the duty imposed on me by the President of this Court Martial to prosecute on the part of the crown. That the Sergeant should not be injured, I sincerely wish; and could a recommendation from me have any effect in his favour I beg now most respectfully and earnestly to press it on you.

I will commence by observing, to prevent misunderstanding that when I went in the first instant to the Government Cottage it was on duty, my object being to give instructions to my constables stationed there by my orders on that day and previous

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Previous to delivering those orders I should certainly have consulted the wishes of Ladies of the Committee with reference to the arrangements to be made. My second object when  returning accompanied by Major Ryan was less to gain admittance, than the right of admittance/ improperly withheld from me as I conceived by Major Ryan/ that right being obtained, I would have given the necessary instructions to my constables without entering the garden gate, if I had supposed my going in w h (crossed out)ould have been contrary in any degree to the rules established by the Ladies Committee!

Much of the examinations have but little reference to the conduct of the Sergeant, on the charge brought against him which I regret much was ever entered upon by a Court Martial and in making my complaint against the Sergeant I wish distinctly to state that my accusation was not for stopping me at the Government Cottage in the execution of my duty, for in doing so he was acting only in obedience to his Commanding Officer, who for his orders alone is responsible – but my charge is for intemperate language

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Language and violent conduct after having allowed me to pass, without any obstruction, the gate he was placed in charge of, and I cannot but regret that the Sergeant in the first instance when at the gate did not communicate to me his orders to prevent my admission, in which case none of these unpleasant circumstances could possibly have occurred. I have already admitted, and I hope the Court will distinctly bear in mind, that the Sergeant acted in obedience to the orders of his Superior. While his objectionable manner of doing so probably arose from his being taken by surprise, which I trust will appear evident to the Court from the ready manner of putting up his bayonet when spoken to.

An attempt has been made to make it appear to the Public that I was going with improper motions to the Cottage & endeavoured to force a sentry on his post. This I consider sufficiently contradicted by the testimony of every credible witness – in fact by the admission of the Sergeant himself. I shall therefore not allude again to that point

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Point. In referring to the evidence of Mr Franks compared with that of the other witnesses there appears a contradiction of (crossed out) in opinion as to his want of temper. I scarsly (?) think it necessary to remark that this is mere matter of opinion, and what is considered tolsues of temper in one man may not be so considered in another. Some of the members of this Court will know that Mr Franks usual manner is loud and animated. I will call your attention to another point in the evidence of Mr Franks, which might affect the testimony (crossed out) value of his testimony in your estimation, it is remained unexplained. When I put the question “Where you given to understand by Major Ryan after the first refusal by him “that you could go in” He answered” The impression on my mind was that I could not go in on that particular day for the purpose of requesting the ladies to select a servant for Mr Archer” This was no answer tomy question and it was clear he did not understand it; and I cannot sufficiently regret the court did not permit me to put another question to elicit an answer to the purpose which circumstance was really an injustice to that gentleman

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14

Gentleman as it stands on record as an answer at variance with a former statement that he had the permission of Major Ryan to go to the Cottage, and which he evidently assumed he had, whether correctly or not from the conversation which he had had with that Gentleman who in his evidence states thus: “I told Mr Franks that I should ride up by and bye, and that he could go with me.. and in putting I told Mr Franks, that if he was going up (in crossed out) to the Cottage in all probability if he sent in to Mrs Barnes he could get admitted. This Matter would appear irrelevant to the present trail, and indeed would be so, did it not go to affect Mr Franks testimony.

It must be supposed that these gentlemen misunderstood each other.

In closing these remarks on the case before the Court I would again repeat that the Sergeant erred rather in judgement than in intention and that his error probably arose from the very delicate position in which he was placed.

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/Copy/ Launceston September 21st 1836

Dear Sir

We have much pleasure in assuring you that after having carefully read the evidence elicited on the Court Martial upon Sergeant Sweeney, and having heard your explaination, we consider there are no grounds whatever for believing you have provicated in your evidence and that the whole matter has originated in a misapprehension which we consider you have most satisfactorily explained to us.

We are Dear Sir Yours very faithfully

/Signed/ George Wing JP Commander RN William Reilly JP late Capt. 63d Regt. R Petty Stewart late Capt. 40th Regt. Williams JP Matt Curling Friend JP Lt RN

Memorandum. I was in court during the whole of the time you were under examination and I am quite prepared if required, to give evidence to the straight forward manner in which you conducted yourself and relied to the questions put to you /signed/ R Petty Stewart

To William Franks Esquire

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(in pencil)

Court Martial Launceston 1836 Sergeant Sweeney

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President and Gentlemen

Before commenting on the evidence produced on this prosecution I wish it to be distinctly understood, both by this Court and the Public at large that (I had no wish whatever to bring the Prisoner  the Court Martial on the contrary – crossed out). I have particularly desired (it – crossed out) this Court Martial  should not take place. But it appears that my request to quash these proceedings, or even to postpone the trial, until the further (pleasure – crossed out) order of The Colonel Commanding would be made known, could not be acceded to.  The President considering his orders to proceed to be imperative. Of course I could not shrink from the duty imposed on my by the President of this Court Martial to prosecute on the  part of the (Govt. – crossed out) Crown (in pencil).That the Sergeant should not be

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Injured I sincerely wish and could  a recommendation from me have any effect in his favour I beg now most respectfully and sincerely to put it to you.

I will commence by observing, to prevent misunderstanding, that when I went in the first instance to the Govt. Cottage it was on duty my object being to give instructions to my constables stationed there by my orders on that day, and previous to delivering those orders I should certainly have consulted the wishes of the Ladies of the Committee with reference to the arrangements to be made. My second object (being – crossed out) when returning, accompanied by Major Ryan, was less to gain admittance, than the right of admittance,/  improperly withheld from me,

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-  -  -, by Major Ryan/ that right being obtained, I would have given the necessary instructions to my constables, without entering the gardens gate, if I had supposed my going in would have been  contrary in any way to the rules established by the Ladies Committee.

Much of the examinations made but little reference to the conduct of the Sergeant on the charges (s crossed out) brought against him, which I regret much was ever entered upon by a Court Martial, and in making  my complaint against the Sergeant, I wish distinctly to state, that my (? Crossed out) accusation was not for stopping me at the the Govt. Cottage in

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The execution of my duty – for in doing so he was acting only in obedience to (?crossed out) his commanding officer, who for (those crossed out) his orders alone is responsible – but my charge is for intemperate language and violent conduct after having allowed me to pass, without obstructions, the gate he was placed in charge of. And I cannot but regret that the Sergeant in the first instance, when at the gate, did not communicate to me his orders to prevent my admittance, in which case, none of these unpleasant circumstances could possibly have occurred.

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I have already admitted, and I hope the court will distinctly bear in mind, that the Sergeant acted in obedience to the orders  of his superiors, while his objectionable manner of doing so, probably arose from his being taken by surprise, which I undst. will appear evident to the Court, from the ready manner of putting up his bayonet when spoken to.

An attempt has been made to make it  appear to the Public (? Crossed out), that I was going with improper motives to the Cottage, (?) to force an entry on his post. This I consider sufficiently contradicted by the testimony of every credible witness – in fact

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By the admission of the Sergeant himself I shall therefore not allude again to the point.

In referring to the evidence of Mr Franks compared with that of the other witnesses (? ? ? ? crossed out) there appears a contradiction in opinion as to his (? Crossed out) want of (?) I scarcely think it necessary to remark that this is mere matter of opinion, and  when is considered violence of temper in our (?) may not be so considered in another. Some of the members of this Court will know that Mr Franks’ usual manner (? Crossed out) is loud and animated.

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I will call your attention to another point in the evidence of Mr Franks, which might affect the value of his testimony in some estimation, if it remained unexplained.  When I put the question “Were you given to understand by Major Ryan after the first refusal by him that you would not go in” He answered “The impression on my mind was that I could not go in on that particular day for the purpose of requesting the Ladies to select a servant for Mr Archer.” This was no answer to my question, and it was clear he did not understand it. And I cannot sufficiently  regret the Court did not prevent me to put

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Another question to elicit (? ? ? crossed out) an answer to  the purpose; which circumstance was really an injunction that gentleman as it stands on record as an answer at variance with a former statement. ? had the permission of Major Bryan to go to the Cottage, and which he evidently ass(umed) he had, whether correctly or not. Found consideration he had had with that gentleman, who in his evidence states that? “I told Mr Franks that I should ride up by & bye, and that he could go with me, and in ? I told Mr Franks, that if he was going up to the Cottage in all probability if he sent in to Mrs. Barnes

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He could get admitted” – This matter would appear irrelevant to this particular trial, and indeed would be so, did it not go to affect Mr Frank’s testimony. ? ? ? ? ? ? crossed out. It must be supposed that this gentleman misunderstood each other.

In closing these remarks (before the court crossed out) on the case before the Court. I would again repeat that the Sergeant erred rather in judgement than in in ?, & that his error probably arose from the very delicate (? Crossed out) position in which he was placed.

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Copy

Mr Franks presents his compliments to the Ladies of the Committee for the Female Emigrants per “Amelia Thompson”, and has the honor to acknowledge receipt of their note of this morning requesting him to relinguish both proceedings against Sergeant Sweeney, on which that (soldier crossed out) Non-commissioned officer has been ordered to be brought to a Court Martial. This (crossed out) today and begs to inform them in reply that he will be (most crossed out) very happy to comply wishes, from the testimony

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Of desiring to spare them the unpleasantness which they anticipate if the matter were proceeded on.

Launceston 16th Sepr. 1836 John Clark

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The undersigned ladies of the committee for the female Emigrants per “Amelia Thompson” present their compts. To Mr Clark and request as a particular favour that he would relinquish  all proceedings against Sergeant Sweeney of the 50th Regt.

The Sergeant was placed at the gate of the Govt. Cottage by their especial desire and should the proceedings

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Proceedings be persisted in – and they be compelled as witnesses to attend – it would be as disagreeable to them – that they would deem it provident in future to declare becoming members of

Similar committees.

Launceston 16th Sep. 1836

Diana Gleadow S W Robertson

A?? Jane Barnes S Sonython [Bonython?]

A Jennings S Munroe

C Price Ann Eddie

E Dowgate R Reibey

E A Hugh Mary Underwood

E Dowling Susan ?

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Mary Ann Lawrence F C Friend [Matthew Curling friend’s wife?]

M Thomson

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/ Copy/ Launceston September 21st 1836

Dear Sir

We have much pleasure in assuring you that after having carefully read the evidence elicited on the Court Martial upon Sergeant Sweeney, and having heard your explanation, do consider there are no grounds whatever for believing you have pronunciated in your evidence: and that the whole matter has originated in a misapprehension which we consider you have

To William Franks Esqr.

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Have most satisfactorily explained to us.

We are Dear Sir yours very faithfully /signed/

Geo. King JP Mss. Neilling JP R Petty Stewart William Barnes JP

Mat Curling Friend

Mem0. I was in Court during the whole of the time you were under examination and I am quite prepared (if required) to

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To give evidence to  the straight forward manner in which you conducted yourself and replied to the questions put to you. /signed/ R Petty Stewart

Commander RN late Captain 63rd Regt. late Captain 40th Regt. Lieut RN

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The Defence 19th Sept. 1836 Captn.  ? ? duly  sworn answers as follows

Question Prisoner Did You go up to the Government Cottage on the 29 August last for the purpose of entering it.

Answer I did.

Question by Prisoner Did you gain admittance

Answer No I did not

Question by Prisoner. What prevented you?

Answer The Prisoner was on duty and told me he had the Commandants orders not to let any one in and he should not let me in

Question by Prisoner Where you in full uniform

Answer I was

Question by Prisoner What was my manner towards you in making that communication to you

Answer Respectful

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Question by Prisoner Are you aware of Your own knowledge that I refused admittance to any other Gentlemen

Answer Two that were with me

Question by Court Will you state the Prisoners general character and whether you think he is likely to behave (disrespectfully crossed out)rude to any one without provocation

Answer His General Character is extremely good, steady and sober. I think he is one of the last men in the Regt. To behave (?crossed out) rudely without provocation I was sure of it from my personal knowledge of him.

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Major Ryan recalled

Question by Prisoner Did you return to the Government Cottage with Mr Clark after he made the Report to you respecting the Prisoners conduct on the 29th August last

Answer I did

Question Did you tell the Sergeant that there was no General Rule without an exception and that he ought to have used his discretion & admitted Mr Clark

Answer I did or words to that effect

Question by Prisoner What was Your reason for saying this to me?

Answer When I expressed myself in that manner to you & in presence of Mr Clark I considered at that moment the assault upon Mr Clark & Mr Franks was that of a violent nature but I had not

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Been put in possession fully of your explanation at that moment. Your manner was confused and You replied “Sir You know you gave me orders not to admit any one” and Mr Clark & Mr Franks shortly afterwards rode up (to the grounds crossed out)then explained to me that Mr Franks threatened to ride over ? or ride you down and ? ? ? ? ? I was then under a different impression of the circumstance in consequence I did not believe you ? Your Post but returned you at your duty as I conceived you were fully justified in the manner in which he had conducted himself.

Question by Court At what time did you take down the Public Notice written by you and signed by Mr

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Mr Wilkinson from the Gate of the Government Cottage.

Answer I did not take it down on the 29th of August last I think I took it down the following day or the day after.

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Thomas Wilkinson sworn

Question by Prisoner Will you state what paper this produced is – /Public referred to already thereon the witness/

Answer It is a Notice that some person issued to be admitted on the 29th of August last at the Government Cottage. It is signed by me by the Commandants order. I posted it at the Gate of the Government Cottage about ten oclock in the morning in question. The Commandant took it down.

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Adjourned to Mrs De Littles’ residence.

Mrs Belinda de Little sworn, saith I was coming out of the Govt. Cottage on the day the Female Emigrants landed from the Amelia Thompson. The gentlemen rode in and wanted to pass by the Sergeant – he would not let them, and they insisted on passing by – One of the gentlemen asked the solder if he knew who ? Soldier said   ? ? ? who they were – he had his orders to let no one pass. They gentlemen had some words with this soldier I cannot say exactly what they were but one of the gentlemen passed the soldier the other stood still I had an argument with the soldier. I cannot say what were their words. The two gentlemen  ? together me if the two gentlemen said

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I cannot say which ride over him or ride him down on that the soldier drew his bayonet and said they should not pass by. I became so frightened, I got away to the steps of the Govt. Cottage that I left the two gentlemen behind. Mr Franks was the gentleman who rushed passed. The other gentleman was talking (when I left crossed out) with the soldier for about ten minutes. I left the place.

The prisoner is the soldier who was at the gate. It was about four o’clock in the afternoon.

By the court – What was the ? manner when he stopt them. It was stiff. It was neither civil nor not uncivil. I did not hear one disrespectful word. It was stiff it was rather much do

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Qd. What was the manner of the gentleman who rushed passed the soldier uncivil?

A.It was civil.

The gentleman did not appear uncivil to the soldier first. They were offended at not being allowed to pass.

Q. Did the soldier become uncivil at first or did he become so after the gentleman had passed.

A.After the gentleman had passed him

Q. On being refused admittance did the gentleman who was first stopped lose his temper

Ans. No sir, I cannot say that he did

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George Noose sworn saith I am a Pr. Of the Crown

Questioned by Prisoner Did you hear Mr Franks say near the ? on the 29 of August last the day the Females were landed at from the Amelia Thomson to Mrt Clark They have refused to let me in at the Govt. Cottage let us go up together and try to get in some how.

Answer. Nothing of the sort. I did not see Mr Franks or hear him operate.

Sergeant Sweeney being questioned if he has any more witnesses to call answers Non

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Mr ? ? ? ? Mr Clark if he has anything to urge Mr Clark replies. I wish to put a question to Mr Franks to which he did not five me an answer before.

Mr President replies Mr Clark you were asked when such witness was called whether you had any more questions to put and you replied none therefore as president of the Court I cannot take you ? cannot be allowed.

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Town Adjt’s office 9 Septr. 1836

Sir,

The proceedings of the Court of Inquiry held at Launceston on the 30” ult. To investigate the conduct of Sergeant Bernard Sweeny of the 50th Regt. Regarding his recent improper behaviour towards you and Mr Wm. Franks, having been bought under the notice of the Colonel commanding, and His Excellency having been pleased to direct that this non Commissd. Officer shall be bought to trial before a Court Martial to be assembled at Launceston on the 15th inst.

I have the honor therefore to enclose you a copy of the charge upon which the prisoner

John Clark Esq Police Magistrate Launceston

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Prisoner will be assaigned, in order that you may be prepared with such evidence as you deem necessary in support of the prosecution.

You will have the goodness to read the names to Major Ryan as early as possible.

I have the honor to be, Sir, Your most Obd. Servant, Edwd. B. Burn, Lt, Town Adjutant.

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Sergeant Bernard Sweeny, No of the 50 or Queen’s own Regiment to be brought to trial on the following Charge

“For having when on duty at the Government Cottage in Launceston on the afternoon of the 29th of August 1836, used highly improper and disrespectful language to, and committed an assault with his drawn bayonet upon, the Police Magistrate (John Clarke Esquire) and Mr William Franks, – at the same time threatening than he would run the latter Gentleman through: – Such conduct being unbecoming the character of a Non Commissioned Officer, and subversive of good order and Military discipline.

By Command.t. Edwd. B Burn, Lt. Town Adjutant. Town Adjut’s Office 9 September 1836

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Court Martial Sergeant Sweeney 1836 Launceston (in pencil vertically)

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Entered

Police Office, Launceston

Island of Van Diemen’s Land To Wit To The Chief Constable, of Launceston in the said Island and to all Petty Constables, and to the Keeper of His Majesty’s Goal at Westbury in the said Island or His Deputy.

You the said Constables herewith receive the Body of Thomas Richard White a transported offender who ha this Day been brought before me, John Clark Esquire – one of His Majesty’s Justices of the Peace in and for the said Island, charged upon oath With Absconding and Suspicion of Felony and him safely convey to the said Gaol.

Therefore, on behalf of Our said Lord the King, I command you the said Gaoler or your Deputy, and each of you, that you or one of you, receive the said Thomas Richard White into your Custody in the said Gaol, and him safely keep for further examination before A B Jones Esquire JP at Westbury aforesaid.

GIVEN under my Hand and Seal at Launceston this Ninth day of July in the year of our Lord, One Thousand Eight Hundred and Thirty Six

John Clark

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Westbury Island of Van Diemens Land to wit The Information and Examination of Thomas Richard White saith I accompanied Mr Bonney into the Bush and acted as leader to the Party I took him to a Valley between Westbury and the Tamar I first shewed him a small hut which I, Camplin and Samuel Britton pulled down This was the hut built by me and Camplin. During the Time we lived in this Hut, I went down to Kinlays at the Devils Elbow and Britton was there. When I went in Camplin Kinlay and Britton had some conversation together outside the hut. Kinlay came into the house and told me I had better join that Man, as he would put us in a Better way, as he knew the Bush better. At this Moment I did not know who the Man was, we did join him and took some Tobacco Tea Sugar & Flour, which was giving to us gratuitously as we regularly dealt with him, we made for the Supply Creek stopt there that night and started next Morning I went to Brittons Hut, it was a hut built

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Of Fern, Stone Chimney & Bark floor and capable of holding 3 Men. Britton had a double barrelled gun and gave My Mate a Musket, he was very suspicious of me would not let me out of his sight & used to follow me when I went for water. We all three lived together for about a Month, Britton had a considerable Quantity of Flour Tea Sugar Tobacco and had some Mutton salted in a Box he shewed? Mr Bonney During the Time we resided together we killed 4 Sheep 2  first were Mr Brumbys the other 2 Mr Jones’s Britton and Camplin got a head of 50 Sheep on 4 Spring Plains I assisted the other two to drive them down to a stock yard about ½ a mile from Kinlays Place. I stopped & minded them while the other Two went to Kinlays. Kinlay came to the Stock Yard and looked at them, and we all then went to Kinlays hut and had some thing to eat.When we went we took away 2 Bottles of Rum with us at this time we had plenty of Provisions at the Hut. On our way back we

P 195

Stopt at Brittons half way house and got intoxicated. Britton called me a cowardly rascal for not going and assisting Camplin when the Shepherd was struggling with him this took place between 6 & 7 weeks ago. I remained in company with them about a week after and the reason why I left them was that they talked about going to shoot Mr Jones’s Shepherd. My first intention was to have given myself up at the Supply Mills, but in consequence of meeting with a Sawyer who asked after Camplin, he persuaded me to go into Launceston and give my self up which I attempted to do but my heart failed me I then took away a Boat and went down the river and was taken as already stated in my former Examination. I never heard what was to be given for this ship. While I was with Britton we killed between 4 & 500 Kangaroo (skins crossed out). Britton had plenty of Powder and shot and plenty of Caps Percussion. We found out it was

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Samuel Britton by going down to Kinlays. By the appearance of Brittons Hut it had been built about 6 Months. By the appearance of Britton he must have been the same Man I mentioned in my former Examination of having been at the Supply flats. We had 3 dogs a black one belonged to Britton and but I was afraid to tell more and this in continuation is also the truth and I am ready to step forward and assist the Government in any way that lays in my Power. I know Harry James quite well and know John Rosevear, he used to work with him when I was at Port Sorell Britton was with me and he and Camplin went to where Harry James lived, When I separated from Britton and Camplin Britton was in the hut and Camplin was out with the Dogs. I am certain that the head of the Sheep and which

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And which I saw laying on the floor of the office is one of Mr Jones. The double Barrelled Gun Britton had had 2 odd Cocks it had a Colonial Stock, it was a twisted Barrell it had the name “Mortinson on the Barrell and there was a name on the lock it was I think either Manton or Manning. Britton & Camplin never trusted me much as they made a sort of servant out of me to cook for them.

Thomas Richard White Witness Charles Walker

This answers the description of the Gun taken from Mr Charles J Walker taken by Britton Jeffries & Brown during his residence on the River Tamar.

Taken before me this 18th ? July 1836

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?? Police Office Westbury 19th July 1836

Information & Examination of Richard Gough who on Oath deposeth and saith

I am a Constable at Westbury I was in the Bush on Saturday Morning on duty with the District Constable. I ascertained and found out that one Samuel Britton and one John Camplin per Larry, aided and assisted by one Thos. Rich White did feloniously steal take & carry away Fifty Sheap or thereabout from and off a placed called the Four Springs Plains and did drive the said sheep to, and feloniously to, and place them in a Stock Yard belonging to one Willm.

P 199

Kimbley situate at or near the place called the Devils Elbow, near the Tamar River, and that the said Mr Kimbley did feloniously secure the said sheep well knowing them to be Stolen from an off the said Samuel Britton, John Camplin and Thomas Richard White, and further killed the said Mr Kimbley did Harbour assist and provide with food the said Armed Bushrangers Samuel Britton John Camplin and Th.Rich. White. I do therefore pray ? the ? ? ? may be used in due course of Law and that Justice may be done in the case aforesaid. Richard Gough

Taken and sworn before me on the above day at  Westbury ??

P 200

Westbury Island of Van Diemens Land To wit

The Information and the Examination of Thomas Richard White saith In my former examination I said I went with Camplin to the Supply Mills for the purpose of robbing it We got in a little window near the Water wheel, We went up to the Top loft where (Camplin crossed out) Thompson slept. We were feeling round the room for some flour and I felt his Clothes, His Watch was in the Pockets. I took it out and gave it to Camplin. Camplin went down stairs, Thompson got up and laid hold of me, but I got away from him it was quite dark. I did not speak to him and I do not know how he could know me. I sold the Watch the next Morning to William Nelson / I think his name is William/ at the Devils Elbow. I got 10/- in flour and  5/- ? in money and he ? told me he had bought it off Nelson. The Watch I mentioned in my former examination I also sold to Nelson, Camplin told me he got this one from the Supply Mills, it was a thick silver Watch, roman figures on the Dial Plate and that he had got it from a Government Man of one the Calston at the Mouth of the Supply Creek

P 201

And we got Tea sugar flour to the amount of 10/- and I should know it again if I saw it, & I have been along with Camplin and a Government MaN OF Barretts, he is called Jack, Dark complexion and about 30 Years of Age, in stealing 2 of Mr Raffys Sheep out of his home Paddock where they were kept to fatten. Jack and I took them to Town and sold them, with some onions we stole from one Holliday. This was at night the Sheep were killed and striped and we sold them to a Man named Siddesby the Publican. We got 1pound in Money and a Bottle of Rum for the Whole. We left the skins behind and I ? Mr Ruffys then found the skins afterwards Jack introduced me to this. ? ? and said he was in the habit of buying sheep from him. We stole 4 sheep from Mr Manifold and drove them to Port Sorell and sold them to Harry James, Britton and Camplin were with me, We got flour Tea Tobacco and Sugar for them, 10 or 12 lbs of Flour. We killed them before we sold them and part of the skins we made into

P 202

Moccasins and the remainder we threw in the River. I do not know the names of the men who are in the habit of killing sheep, but I should know them if I saw them. During the time that Britton I and Camplin were together we killed about 20 sheep and what I told you in my former examination about 50 sheep being sold to Kinlay is true and I am ready to ?I am aware there is a hut between George Town and Georges River, & I stopped in this hut with Britton & Camplin 2 days. We heard that some Constables were coming down from Launceston and Kinlay put us across the River, the Post Messenger told us that the Constables were coming. We stopped about a week at Georges River and then came and stopped in a cave at Spring on Beveridges farm. We stopped there 3 days, there was a rope ladder that let us down about 12 feet deep, on our return back. We took a Boat belonging to Barretts Brother

P 203

And crossed again. The Watch I took from Thompson had the Initials J T scratched in the Inside and Chiddle told me that no harm could come as he had taken the letters out. Camplin told me he put Water in a Gun in Brumbys but the Time it was robbed by him and Britton I was not there. We (often crossed out) used to go by Brumbys Hut very often and nobody took any notice of us. I have every reason to think that Brumbys  shepherd must have seen us several times. At the time that the 50 Sheep were stolen Britton & Camplin were gone about 3 hours to collect them. The 2 Sheep as mentioned in my former examination, Britton went & got himself And we have passed a Man within 10 yards on the 4 Spring Plains. I have every reason to believe that Britton has some friend nearly or at Brumbys hut as the day the 2 sheep were killed Britton brought back some Tobacco, Jack,  Barretts Man used to Bring the Papers from Launceston to Kinlay and he gave them to us. During the Time I was in the Main of the Mill I sold upwards of (pound)100 worth

P 204

Of flour to Rosevear the Publician he used to give us half price for it. Scansbroke had charge of the Mill he gave us the flour and we sold it to Rosevear, and we used to give him half (crossed  out) part of the Produce. There was sometimes 8 or 9 Cwt. At a Time we sold to Rosevear. He used to get (pound)5 at a Time and Grog.

Thomas Richard White Witness Charles J Walker Westbury

Taken before me this ?th day of August 1836 ? ? ?

P 205

Westbury Island of Van Diemens Land To wit

The Information and Examination  of Henry Bonney on oath saith Referring to my former examination I was ordered into the Bush the 19th of last Month, taking one Thomas Richard White with me and he is a prisoner of the Crown. I proceeded from Westbury to Port Sorell and during  one March White informed me that himself Britton and Camplin had stole Two fat Sheep from Mr Ruffy a sack of onions from one Holloway living on the other side of the River & he went up in a Boat up to Launceston with them, the Boat was called the Shamrock and sold them to a Man named John Tiddsley, he also said he had robbed a Hut between Mr Ruffy and the Devils Elbow of a New Hat and 2 (Black crossed out) Silk Handkerchiess and sold them to Harry James at Port Sorell and that he had at different Times, sold flour from the Maid of the Mill during the Time he was in it to the Amount of ? (pound)100 to Rosevear the Publican on the Tamar & he had been paid in grog, and that he &

P 206

The other Two stole 4 Sheep & driven them down to Port Sorell & sold them to James. There are upwards of 25 Men and Women at Port Sorell and Two Crafts to carry away sawn and split stuff, and there are five Men living on one of the Island at the Mount Sorell they are ? & Splitting and there is about 2 acres of wheat nearly ¼ acre of onions and a large Quantity of Potatoes. When I was at Port Sorell I was told  by one (Willi crossed out) Billy Woods and a Man called Boatswain that White’s two Mates had crossed the Tamar and were down at George’s River, he knew them to be the same two as were with White, as they once attempted to take his Boat when White was with them, at Port Sorell there are a great Number of Huts some 2 Miles apart from each other.

Henry Bonney

Taken & Sworn before me this fourth day of ? August? 1836 Westbury

P 207

Westbury County Westmoreland Island of van Diemens Land to wit

The Information and Examination of Thomas Richard White saith I know where some of the articles stolen from Brumbys Hut are. I know where a Waistcoat is that was stolen. It is in the Possession of a person who goes by the nickname of Parson Bedford, a Sawyer at work at the Back of Middle Arm, it is a Blue Waistcoat with spots in it At the time we stole the sheep at Mr Ruffey’s we rodb his Hut of a Musket, and some flour and the Musket is in the Possession of Jack Barretts Man and was about 4 Months ago, kept in a Boat called the Shamrock, about 3 Weeks before I was taken we robbed a Hut of a Man of the Name of Belcher, & took out of it a Hat and 2 Silk Handkerchiess, Camplin took possession of the Hat and wore it Britton took the handkerchiess & we took them to Harry James & got some provisions for them

Thomas Richard White Witness Charles J Walker Police Officer Westbury

Taken & sworn before me this 5th day of August 1836 ? ? ?

P 208

1st August 1836 Information v Thos Richd. White Prisoner Abscond. 1st February

P 209

Memorandum

The Constable named in the margin has been transferred from the District of Oatlands to that of George Town, on the Salary Abstracts of which Station he will be borne from the 1st proximo.

Mr Friend will have the goodness to take care that Window is on no occasion allowed to go out of the George Town District.

? Police Office Hobart 25th Novr. 36

David Window free

M C Friend Esqr. ? George Town

P 210

APM 25 Novr. 1836

David Window free

Appointed a Constable at George Town

P 211

Memorandum

Forms similar to the enclosed which were transmitted to Mr Friend with the Circular under date 19th Octr. Last have not been yet received at this office. Will Mr Friend be so good as to have the enclosed correctly filled up & return them if possible to this office by return of Post.

The Polalation is of great importance & most urgently required.

? Police Office, Hobart 6th Jany.37

M C Friend Esqr. JP

& & George Town

(note in lhs margin

3 would they have been included in Launceston returns – such fact must be stated)

P 212

6th January 1837

CPM Requiring a return of the Population and produce in the District of George Town

P 213

Copy

Police office George Town November 19th 1836

Sir

I have the honor to inform you that the man named in the margin holding a Ticket of Leave and who absconded from this station in april last has been brought back by the Brig Henry from Port Philip and is now in Custody at this place.

(written vertically on lhs margin

Thomas McMenenny Caledonia)

I have the honor to be Sir your most obedient servant Mat. Curling Friend ? Magis

To M Forster Esqre. Chief Police Magistrate Hobart

P 214

(written vertically on lhs of paper)

The first object is if possible to prosecute the person or person who took him under The Consd. Act which may by only of the Man to make a confession but without promise of reward. The Man should be tried before Two Magistrates under the Consolidated Act.

? 23rd Der 36

? ? ?

(written  vertically on rhs of paper

CPM

Directions to  try Thos. McMinorry under the Consolidated act

P 215

Memorandum

The Lieutenant Governor has been pleased to approve of the man named in the margin being appointed a Constable in the District of George Town. Mr Friend will therefore have the goodness to swear him in when he shall present himself for that purpose, reporting when he has done so to this office in order that Golding may be Gazetted accordingly.

? ? Police Office Hobart 3rd Novr. 36

M C Friend Esqr. Jp George Town

John Goldring 1035 Wm Metcalf

P 216

CPM Memo Novber. 3rd 1836

John Goldring per Wm.Metcalf appointed a Constable for the district of George Town.

P 217

Memorandum

The Lieutenant Governor having approved of the men named in the margin  being appointed Constables in the District of George Town Mr Friend will be so good as to swear them in when they shall present themselves for that purpose, and report the day he has done so to this Office in order that they may be Gazetted accordingly.

In the absence of the CPM ?? Police Office Hobart 17th June 36

M C Friend Esqre. JP & & & George Town

Michael Ashton  ??03 John Jerusalem Rd Party

?mes Millington  ?16 Ld. Wm. Bentick  ass Tree Hill Rd Party

P 218

7 June 1836

CPM

Appointing Michael 603/ Ashton per John and James 1016 Millington Lord Wm. Bentink Constables for George Town

P 219

Police Office George Town June 2nd 1836 Sir

Being so very short of constables and tho duty having so much increased I have to request you will be pleased to cause our number to be filled up and beg to recommend the persons named in the margin –

I have the honor to be Sir Your Obedient Servant Mat Curling Friend JP

M Forster Esqre.  Chief Police Magistrate Hobart

(in margin on lhs 725 James Dooley per Lord Lynedoch 14 years

383 John Griffiths Georgiana 7 years)

P 220

T Pike abd. James Dooley and John Griffiths not be taken into the Police their conduct not being sufficiently good.

The conduct of these men has not been sufficiently good since they have been in the Colony to entitle them to admission into the Police

? Police Office Hobart 30th June 36

M C Friend Esqre. JP George Town

P 221

1673

143

5th July 1836

Memorandum

With reference to the circular from this office under date the 2nd July 1836 relative to the sale of allotments in the townships in the Interior directions have been given for an Officer of the Survey Department to attend at such sales with a Map indicating the extent of each allotment.

The Chief District Constables are to be distinctly warned that no allotment is to be sold at a less sum than that specified in the  Government Gazette as the minimum price and should

The Resident Magistrate George Town

P 222

Should they fail to pay attention to this position it will be at their own risk.

?? Police Office Hobart 7th July 1836

Referred to the CP Constable July 12 M C Friend

To be returned

P 223

July 5th 1836

CPM

CP Constable to be responsible in case they should sell any allotments under the price named in the Gazette

P 224

Memorandum

In reference to Mr Friends application of the 29th Inst. For an authority for the payment of nine pence per diem to two Constables who were dispatched in pursuit of William Gribble Rev River absentee – I am directed to observe that the circular of the 17th of May last only applies to cases in which authority shall first be obtained from this office and which can seldom be requisite excepting indded when parties of Bushrangers are out and when it may be necessary to send roving parties in quest of them.

?? Police Office Hobart 30th August 1836

M C Friend Esqr. JP

P 225

(date unclear)

CPM respecting Mr Friends application for nine pence per diem for two Constables who went out on Bush duty.

P 226

Memorandum

The Lieutenant Governor has approved of the man named in the margin being appointed a Constable in the District of George Town. Mr Friend will therefore have the goodness to swear him in when he shall present himself for the purpose reporting when he has done so to this office in order that he may be Gazetted accordingly.

?? Police Office Hobart 28th Septr 36

M C Friend Esqre. JP George Gown

James Brown  1084 Woodforde (2)

P 227

CPM Sepbr. 28th 1836

Appointment of 1084 James Brown Woodford as Constable for the George Town district

P 228

Sir

I have the honor to state that being appointed by His Excellency the Lieutenant Governor  inspector of Stock at this station and being informed that a Salary is attached to such situations

May I beg to solicit your interest on my behalf for a Salary for the same

I have the honor to be Your most Obedient Servant Charles Foreestur Inspector of Stock

To M C Friend Police Magistrate George Town

P 229

Referred to the Chief Police Magistrate Geo Town Oct 6 1836 Mat Curling Friend

The Lieutenant Governor regrets that he cannot comply with the request contained in this communication. ?  15th October 36 M C Friend Esqr. JP

October 5th 1836

CPM Mr  Geevston ? not to have a Salary as Inspector of Stock

P 230

Police Office George Town October 14 1836

Sir

The Man named in the margin having been represented to me as well qualified for the Police. I have the honor to request you will have the goodness to cause him to be appointed to this station being two constables short of our complement should you approve it.

I have the honor to be Sir Your most obedt. Servt. Mat Curling Friend

? ? Foster Esqre. Chief Police Magistrate Hobart

William Fogarty Argyle

P 231

Petitioner conduct has not been sufficiently good since he has been in the Colony to entitle him to admission into the Police.

? Police Office Hobart 10 Novr. 36 M C Friend Esqr. JP George Town

October 14th 1836

Wm Foggarty per Argyle conduct not good enough to entitle him for the Police

P 232

Police Office George Town September 27 1836

Sir

I have the honor to inform you that in the Constables abstracts for the month of July last (and which in consequence of our post arriving at Hobart but once a week was sent of the 24th of that month) The name of James Harvey (Maritius) was necessarily entered – but on the following day I recommended his dismissal for being drunk – having heard no more of the matter and his pay having arrived he of course received it presuming my recommendations had not been approved. In August 19th I received an intimation that he was ordered to Muddy Plains – and on the Gazette

P 233

Of the 19th August received on the 21st I observed his dismissal took place of the day of his sentence.

In the abstracts for the month of August the amount of his pay has been deducted which loss will fall upon me. I have therefore to request that the amount may be inserted in the next abstracts as having had no knowledge of His Excellency’s pleasure I would not consider I had a right to withhold the pay drawn for him.

I have the honor to be Sir Your Most Obedt. Servant Mat Curling Friend ? Mag.

? ? Foster Esqr. && Chief Police Magistrate

(written vertically on lhs of page

The Lieutenant Governor regrets very much that Mr Friend should have met with this loss which he must do as there is no way of recovering it from the Government and he should not have ? the man ? the decision of the Lieutenant Governor.

? Foster 15th October 36

M C Friend Esqr. JP

CPM 15th October 1836

Abt. The loss of Two Pound 14/6 that Mr Friend had paid to Constable Harvey

P 234

18299

Police Office Hobart 11th June 1836

Sir

With reference to Mr Bowens communication of the 11th Ulto. And your minute thereupon I have the honor to inform you that as it is deemed desirable to establish a Police Station at Cape Portland The Lieutenant Governnor has been pleased to appoint Mr Samuel Bowen Division Constable at that place. You therefore will be so good as to communicate this to Mr Bowen and swear him in accordingly reporting the same to this office in order to his being Gazetted.

His Excellency has likewise directed that one of Mr Bowens

M C Friend Esq. JP

& & &

P 235

Assigned servants is to be appointed special Constable for the purpose of assisting Mr Bowen and he will be so good as to submit the mans name to this office for approval.

I have the honor to be Sir Your most obedient Servant ? ?

P 236

15th June 1836

CPM appointing Mr Bowen Division Constable at Cape Portland and one of his men to assist him also made Constable

P 237

The Chief Police Constable presents his Compliments to Mr Friend and is directed to request that he will have the goodness to pass a Sentence upon Cottrell and Jones to take effect from some definite period and ? having any reference whatsoever to the Governors orders.

Police Office Hobart 14th June 36

M C Friend Esqr. JP

P 238

June 14 1836

CPM

At sentencing Cottrell and Jones without any reference to the Governors order

P 239

Police Office George Town May 17 1836

Sir

In the Act 6 William 4 No 2 called the “Consolidated Act for regulating General Courts of Quarter sessions” in cases of summary jurisdiction of Two Justices of the Peace. It is necessary that one Magistrate should be a Police or stipendiary Magistrate. I have been on consequence prevented trying several cases of Larceny and obliged to send the Parties to the Quarter Sessions in course of proceeding (from this place) most inconvenient and expensive.

I beg to be informed whether the words Police or stipendiary magistrate is intended to extend to me as Resident Justice of the Peace acting as Police Magistrate.

I have the honor to be Sir Your obedient Servant Mat Curling Friend

? Forster Esqre. Chief Police Magistrate

P 240

In these cases you can legally act as a “Stipendiary” Magistrate

? 20th May 36 M C Friend Esqr. JP

CPM 20th May 1836

Abt. Lt. Friend acting as a Stipendiary Magistrate 6 William 4 No 2

P 241

Police Office Hobart 13 June 36

Sir

I have the honor  by direction of The Lieutenant Governor to draw your attention to the four cases as per margin contained in your last Report of Magisterial duties and to request that you will afford an explanation.

? Cottrell W Bentinck 1832 = 7

Insolence. Two months in addition to the Government order

Wm Jones ?dasten 1836 – 14

Drunk and breaking out of the penitentiary. One month in addition to the Government order.

Saml. Hay Lady Kidley 1821 2 (?) years

Sick in the Hospital Drunk & Disorderly Ten days labor on the roads.

M C Friend Esqr. JP

P 242

Explanation of the various points adicited to  for His Excellencys information.

In the first two cases The Lieutenant Governor is quite at a loss to know what the Sentence is intended to be or what Government order is alluded to – In the third case a man who is sick in the Hospital is sent to for Ten days to the roads. If he were sick in the Hospital it would appear he could not be fit to work

(on rhs of page)

?Chas Banks Makesby 1833 – 7 Neglect of duty Three months Chain Gang

P 243

Work on the roads. In the fourth case the Sentence is not according to law and in reference thereto I am requested to call your particular attention to the Circular from this Office under date the 7th September 1835.

I have the honor to be Sir

Your very obedient humble Servant

M Forster (?) ?

P 244

June 18 1836

CPM requiring Mr Friend to explain the sentences He had passed on Cottrell and Jones Hay and Caleb Banks

P 245

George Town May 21 1836

Memorandum

351 Thomas Caines per Medway most respectfully requests permission to Resign the Office of Petty Constable. His Excellency the Lieutenant Governor having granted to him a Ticket of Leave.

To Matthew C Friend Esquire Police Magistrate George Town

(in pencil)

Paul Milkin free (TL) wishes to resign

Paul Milkin – Free – wishes to resign.

P 246

The Lieutenant Governor approves of Caines resigning from the end of July and Paul Milkin from the end of this month. MF

Police Office Hobart 14th June 36

M C Friend Esqr JP George Town

CPM 14 June Permission for Paul Milkins and Thos Cains TL to resign their situations as Constables.

P 247

Memorandum

With reference to the Circular from this office under date 13th Decr last, the attention  of M C Friend Esqre. Is requested to the fact of the Quarterly return up to the 31st Decr. March 37 therein referred to not having as yet been received at this office

? Police Office, Hobart 14th April 1837

M C Friend Esqre. JP “ “ “ George Town

P 248

April 14th 1837

CPM Memo Calling Mr Friends attention to his circular of the 13th December 1836

P 249

Memorandum

With reference to the sentence passed upon the man named in the margin namely “One year “additional to original sentence “and recommended to be sent to “Port Arthur” The Chief Police Magistrate has been directed to call for an explanation as to whether this is meant to refer to his “original” or “existing” term of Transportation – this man’s sentence having been already extended.

William Woodman Georgiasia (2)

In the absence ? ?

Police Office Hobart 7th February 37

M C Friend Esqr. JP George Town

P 250

7 Feby 1837

CPM requiring Mr Friend to explain what was meant with regard to the sentence passed upon Wm. Woodman

P 251

Police Office Hobart 28th April 1837

Sir

I have the honor to inform you that the Lieutenant Governor has been pleased to approve of an addition of two petty Constables being made to the present Police Establishment of your District thereby augmenting your present force from seven to Nine.

You will therefore have the goodness to submit the names of any fit person to fill these vacancies at your earliest convenience. This

M C Friend Esqre JP George Town

(in margin on lhs)

444

5

From 7 to 9

P 252

This increase of Police force will enable you to station two constables at Mount Direction as well for the purpose of Escort duty, as to look after the Road Party.

I have the honor to be Sir

Your most obedient humble Servant ???

P 253

28th April 1837

CPM The Police Constables to be increased from seven to nine men.

END OF VOLUME

ms 3251 1829-1833 box 2 vol 3

ECHOES OF BUSHRANGING  Days in Van Diemen’s Land: BRADY, McCABE, PERRY, GEFFREYS and BRITTON
1829 – 1833
Manuscript 3251. Collection of the National Library of Australia.
box 2   vol  3  1829-1833

TRANSCRIPT:

p1

Launceston May 8th 1826

Sir,

I request you will be pleased to move HIS HONOUR the LIEUTENANT GOVERNOR to grant a Licence for the solemnization of Marriage, without Publication of Banns, between

Ralph Compton Single Man of Norfolk Plains Port Dalrymple and

Jane White Single

Woman of Norfolk Plains Port Dalrymple

And I do hereby aver, that no lawful Impediment exists to the said Marriage, and that both Parties are above Twenty-one Years of Age.

I have the honour to be,

SIR,

Your most obedient Servant

John Youl

Chaplain

To Captain Montagu Charles Arthur Esq

Secrerary to

HIS HONOR the Lieutenant Governors,

&c  &c  &c

p2 [small a5 page]

Dear Sir or Madam: We the undersigned being desirous to enter into the Holy state of Matrimony would feel obliged by your publishing the  Bands for Us in Saint Johns Church tomorrow morning. We are Both residents of this Town Late of Norfolk Plains

Signed  Ralph Compton

Jane White

Witness

John Fawkner

July 7 1827

P3

[other side of letter page]

RevM? Norman

Mr Booth

Edwin Thomas

P4

OHM L

Charles Arthur Esq

Private Secretary

To hi Excellency Lt Geo Arthur

&c &c &c

Hobart Town

Revd  J Youl

P5

One

Police Office Launceston

19th Novr 1829

Sir

I have the honor to return enclosed herewith the Petition of Richard James and to inform you that in reference to the Black Book in this office one of the leaves is missing but by the second of October 1826 it appears Richard James was acquitted of the charge of staling eleven ducks the property of William Roach.

I have

Sgd  W Lyttleton

POL  19th Novr 1829

Sir

With reference to your letter of the 12th instant 8698/26 calling for a copy of the proceedings in the case of James McGarrett 49 per Minerva I have the honor to enclose here with full copies of the proceedings against him and also of those in the case of Richard Bakers which appears to be connected with that of McGarrett.

I regret that I found it impossible to forward those papers by last Monday past in consequence of a deficiency in the numbers of my Clerks and one of them being sick on that day.

It may not be improper would that I am informed by Constable Andrew Rhine that McGarrett has recently given him such information as has led to the apprehension

P6 two

Of James McCabe who fled from Sydney charged with horse stealing and that McGarrett has promised to render further assistance to Rhind in the execution of this duty.

I have

Sigd W Lyttleton

The Honorable

John Burnett Esq

POL23rd Nov 1829

Sir

I have the honor to annex copy of a memorandum left at this office on Saturday last by George Powell who states he has not yet received his conditional pardon – it appears by the Book in this office that Powells description was taken by Mr Mulgrave and provided to your office on the 2nd of last Febry, I have therefore to request you will be pleased to transmit to this office the document alluded to in the memorandum that it may be issued to the said George Powell.

I have…

Josiah Spode Esq JP

To L of Convicts

P7

Three

POL 22nd March 1829

3 o clock PM

Sir

I have the honor to enclose herewith a copy of the information of John Clark (who has just been brought to the hospital) on order that you may use every means in your power for the apprehension of the offenders.

Clark appears to be in so weak a state from loss of blood and the length of time he had lain upon the Road that I could not obtain further particulars of the transaction. I cannot help observing that although the poor man says he thinks one of the men was not Bevan that the description of them tallies with those of that notorious bushranger and his companion Britton

I have…

Capt Smith JP

POL 20th Nov 1829

I have the honor to enclose herewith copies of the information of Field Police constable John Clark which was obtained with difficulty about 3 o clock yesterday afternoon immediately on his arrival at Hospital and I regret to add the poor man died.

I lost no time in communicating the circumstance to the Police Magistrate at Norfolk Plains and parties were sent from Launceston in search of the offenders, Memo – this letter continued by Mr Lyttleton

P8 four

POL 22nd Nov 1829

Sir

I have the honor to return enclosed herewith the memorial of Police Character of William Axford/Asford and regret to add that I cannot furnish the explanation required in your letter of the 13th instant as the Records of the Commandants at George Town contain no entires between the 29th f march and the 17th of April 1822 nor any convictions against Asford in that year, and Mr Kenworthy had no recollection of this matter.

I have….

PA Mulgrave JP

CF Police Magistrate

P9 five

POL 23rd Nov 1829

Sir

I have the honor to enclose herewith application of Charles Foxton?? To be appointed a District Constable for the Tamar and application of John Cummings George Radford and George Pyle for the situations of District Constable vice Samuel Sharbeck/Herbert? Removed to the solication??? Of Superintendent of the Factory at George Town and I have to inform you that Petty Constable Robert Whittington 318 CF per Lady Nelson was suspended from his office on the 13th instant for neglect of duty and Drunkenness and that John Moore per Sir Godrey Welstonfeld??? Was sworn in as acting Constable on his stead on the same day

PA Mulgrave Esq

POL 26th Nov 1829

Sir

I have the honor to enclose herewith Copy of a warrant upon which John McCabe has been apprehended by Constable Andrew Rhind and lodged in Gaol here and fearing that if he was sent to Sydney by one of the Trading Vessels from this Port without being guarded by a constable or other Peace Officer he would effect his escape I request to be informed what steps

P10

Are to be taken to convey him to Sydney

I have…

Chief Police magistrate  &c &c

POL 30th Nov 1829

Sir

With reference to your letter of the 27th inst requiring the particulars of Margaret Burton who is reported to have absconded from the service of Mr Alexander Paterson on the 20th instant I have the honor to inform you that there are no indents of Margaret Burton either at this office or that of the assistant superintendent … of convicts at Launceston on enquiry of her late master it appears she came by the Mermaid, her sentence is fourteen years and that she was assigned to Mr Paterson at Hobart Town on the 12th July 1828

I have the…

JH Moore Esq  JP

Muster Master

Returned the Petition of Henry Stephens to Mr Spode report favourable

P11 seven

POL 30th Nov 1829

Sir

I have the honor to inform you that Joseph Bass per Woodford, Life, was this day sworn in as Petty Constable at Launceston subject to the approval of His Excellency the Lieutenant Governor and that Morgan Williams per Medway is recommended for the Field Police in lieu of John Gardiner per Globe .326. employed under the Direction of Mr John Batman  should these persons be approved of they will complete the number of Constables at present allowed for this District.

I have the honor to be…

CF Police Magistrate

POL 20th Nov 1829

Sir,

With reference to the Government Police of the 27th Oct 1829 no.237, I have the honor to enclose herewith Return of assigned servants in this District as received from their Employers together with a list of the same and I request to add that the want of a new and completed Register of the convicts in this District prevents me forwarding ?? their nweracy???

I have…

The Honorable

John Burnett Esq

P12 eght

POL 30th Nov 1829

Sir,

I have the honor to inform you that John Grant per Caledonia holding a Ticket of Leave was permitted to leave the Office on the 8th of Oct last when he had been for several years employed as Clerk, and thus I have great need of another Clerk to fill his place, I therefore request you will be pleased to move His Excellency the Lieut. Governor to permit Thomas Brennan? Per Admiral Cockburn who was convicted at the last Criminal Session in Launceston and has since been confined in Gaol have? To be employed as Clerk in this Office in lieu of Grant. His Excellency  may be pleased to direct an efficient Clerk to be forwarded from Hobart Town to this office at an early convenience.

I have…

PA Mulgrave Esq

CF  P Magistrate

P13 nine

POL 7th Decr 1829

Sir,

I have the honor to enclose herewith Mr Hinksman?? Letter together with abstract  of salary and allowance due to him as received this day for my signature.

I have…

The Honorable

John  Burnett Esq

POL 7th Decr 1829

Sir

It having become questionable at this office whether a Prisoner of the Crown is an eligible person to file an information against a free inhabitant of the colony for harbouring runaway convicts and illegally redriling???? Spiritous liquor and it has been stated that an information framed in the name of a Convict Felon against a free person would not support conviction and that all such informations at Hobart Town and other Police  Stations are framed in the name of the Chief Constable or other respectable Officers I should feel obliged if you would favor me with your opinion on this lead at your earliest convenience.

I have the honor to be Sir

PA Mulgrave Esq

CF Magistrate.

P14 ten

POL 13th Dec 1829

Sir,

I have the honor to enclose herewith unfixed contingent abstract for the Quarter ending the 30th of Sept. 1829 and also return of claims made at this office up to the same period and as I conceive? Those accounts should be made out on printed forms of which I am not furnished.

I should feel obliged if you would direct the requisite forms to be forwarded to this office as soon as convenient, – I have not signed the abstracts as it appears to require the signature of M Gordon who was Police Magistrate here at the time, and I am informed by by Chief Clerk that he more than once pointed out to that office the expediency of forwarding those accounts at the immediate termination of the Quarter to which they relate.

I have the honor to be &

W Lyttleton

CF Police Magistrate

Memo for copy of those documents see the memo books.

POL 14th Dec 1829

Sir,

I have the honor to enclose herewith  copy of the proceedings against William Watson per Albion as requested by your letter of the 11th instant.

I have

Dudley? Fereday Esq

Sheriff

P15 eleven

POL 14 Dec 1829

Sir,

With reference to your letter of the 10th inst. Respecting Margaret Burton per Mermaid I have the Honor to inform you that upon an enquiry made by Mr Paterson amongst his servants it appears that Margaret Burton arrived in the Colony by the name of Margaret Wall an that her husband [blank] Burton  is now at Sydney and I regret to add that I cannot furnish any further particulars of that female.

I have….

JH Mone (Moore?) Esq

Muster Master

POL 14th Dec 1829

Sir,

I have the honor to return enclosed herewith abstracts with the signature of James Murray affixed thereto who requests that the money may be made payable through the house of Dr CG Hull

Geo? Bages/Boyes? Esq

POL  15th Decr

Gentlemen

I am required by the Police Magistrate to beg your attendance at this office on any convenient day of the present week to state the exact manner in which you wish to serve against the Bushrangers

P16 twelve

And the black native people

Messrs Liddle & Cameron

Patersons Plains

Jno Bell/Rel?

CF Black

POL 21st Decr 1829

Sir,

I have the Honor to enclose herewith Returns of assigned servants as received at this office since my general returns was forwarded on the 30th of Novr according to the Govt. Order No 237.

I have…

The Honorable

John Burnett Esq

POL 21st Decr 1829

Sir,

I respectfully beg leave to call your attention to my letter of this 30th ultimo respecting the appointment of a Clerk in lieu of John Grant and to remind you that the business of this office requires a clerk should be furnished in his stead with as little delay as possible.

PA Mulgrave Esq.

P17 thirteen

Police Office 21st Dec 1829

Sir,

I have the honor to request you will be pleased to forward by next messenger some private? Forms or permits for the removal of wine or spirits and some summonses for principals ???????? a very few of these forms and none of the latter.

PA Mulgrave esq

POL 27th Decr 1829

Sir,

I have the honor to enclose herewith Certificate of Freedom of George Pass No195 for completion

I have….

Josiah Spode Esq

POL 27th Dec 1829  [X in purple pencil]

Sir

With reference to your letter of the 11th instant enclosing the applications of Messieurs Cameron and Liddle /returns herewith/ to be employed in pursuit of Bushrangers and the Black Native people I have the honor to inform you that immediately on the receipt of your letter I wrote to those persons requesting their attendance at this office and it was no until the 22nd instant they made their appearance.

Mr Cameron came free to the Colony

P18   fourteen

Seven years ago and resides upon his farm near that of Captain Barclay and John Liddle rents a farm of James Hill at the back of Patersons Plains but has a partner to manage the farm in his absence. They request to be employed by Government for twelve months to have their prisoners well armed attached to them, and their whole party to be rationed and supplied with ammunition, at the expiration of the twelve months to receive five hundred acres of land each and a further renumeration of fifty pounds each should  their services be found useful and be certified as such by the Magistrates of the Districts in which they my be employed.

They are both strong young men and appear capable of enduring fatigue and I understand have a perfect knowledge of the eastern parts of the Country and are every way colutated??? For the proposed service I therefore respectfully submit my opinion thus they might in all probability  be successful employed in pursuit of Brady and other Bushrangers as well as of the Black Native people.

I have…..

PA Mulgrave JP

CF Police Magistrate

P19  fifteen

POL 15th Dec 1829

Dear Sir or Madam:

I am requested by the Police Magistrate to inform you that the complaint alledged against you by Mr Letter will be further investigated at this office at 10 o clock on Friday next when your attendance will be indispensibly necessary.

Signed JW P

Mr David Rolston

Police Office Launceston

1st Jany 1820

Sir,

I have the honor to return enclosed herewith Salary abstracts and requittance of pass for persons in this department together with a nominal list of persons entitled to salary for te present quarter and beg leave to inform you that a similar list was formed for the Police Office in Hobart Town three weeks ago and trust? Marks upon the enclosed list will distinctly shew the corrections necessary to be made before I can sign the abstracts.

Those documents would have been forwarded to you by return of post on last Monday had there not been an unusual press of Business at this office on that day as well as an inquest which lasted from ten in the morning until midnight and the office being insufficiently supplied with clerks.

I have….

PA Mone (Moore?) Esq

Muster Master

P20 sixteen

POL 1st Jan 1830

Sir

I have the honor to enclose herewith informations against Moses Cochrane a convict charged with felony.

I have….

Algernon Montagu Esq

HM A General

Sent Captain Donaldson informations in the case of Weaver  accused of an unnatural crime to be returned to the office under cover  30 pages.  [i]

POL 4th Jany 1830

Sir,

I have the honor to enclose herewith the examination of Mr John Young touching the points required in your letter of the 24th ultimo and I regret that it is was entirely out of my power to forward it by last post.

I have…

P Mulgrave JP

POL 1st Jan 1830

Sir,

I have the honor to enclose herewith information against John Fuller a convict charged with stealing in a shop goods of the value of forty??? Shillings and upwards

I have….

Algernon Montagua eq

HM A Gl

P21 seventeen

POL 1st Jan 1830

Sir,

I have the honor to enclose herewith information against John Montgomery a convict charged with stealing an iron chain of the value of five shillings  the property of his master William Barnes Esquire.

I have….

Algernon Montague Esq

HM A Gl

POL 1st Jan 1830

Sir,

I have the honor to inform you that Constable William Henry Bird attached to this District per Coromandel? Holding a Vlained?? And Ticket of Leave was permitted to leave the Police this day and thus Henry Muirhead per Phoenix has been sworn in as Field Police Constable in his stead and request that should his appointment be approved he may be gazetted accordingly

I have…

PA Mulgrave Esq

POL 2nd Jan 1830

Sir,

I have the honor to enclose herewith a warrant for your assigned servant James Smith and to inform you that it has been reported here that three others of your assigned servants were present at the fight.

I have….

WG Walker Esq

P22 eighteen

Police Office Launceston 4thJany 1830

Sir,

With reference to your letter the 28th ultimo 9745/2  respecting my certificate upon this application of Mr James Hazlewood for a grant of land I have the honor to inform you that Mr Hazlewood purchased the assignment of the town allotment No 1 from Mr Frederick Champion upon which there was then no Buildings but a weatherboard House yet in an unfinished state has since been erected upon that allotment.

I have…

The honorable

John Burnett  Esq

POL 4 Jany 1830

Sir,

I have the honor to return enclosed herewith the memorial of Mr Allan McKinnon with the Certificate of the convicting Magistrate thereon

I have…..

PA Mulgrave Esq

Cf Police Magistrate

P23  nineteen

Police Office Launceston 4th Jany 1830

Sir

I have the honor to report for His Excellency’s information *on the events of 29th afternoon,  that having understood that a pitched battle was to be fought on the preceeding day somewhere near Norfolk Plains I dispatched Constables Thomas Johnson with several other Constables to ascertain the exact place * to apprehend any Runaways they might find and if they could ? was prevent this fight to report me the particulars from which it appears that George Green?/Elen? Glen? Who has recently arrived here from Sydney and John Williams who has been here some years residing in this District fought on the bank of the South Esk River * near Collins Public House for one hundred pounds on one side and seventy five pounds on the other that upwards of seven hundred persons were assembled and amongst them a great many assigned servants there were considerable sums of money with horses? And wattle? Have been fraudulently won and lost at this Battle for it is generally believed that much duplicity has been used by a few bad men upon the occasion and I humbly conceive that so large a number of disorderly persons assembling for such purposes might be attended with serious consequences and that the ? may? Required steps ought to be taken to prevent a recurrence of a disgraceful a? meeting

So soon as I had received

P24 twenty

The requested information I issued warrants for the apprehension of the pugilists as well as their seconds. Williams who was then under bail to keep the peace has not yet been apprehended and I regret to add that one of the constables who I had placed confidence in has been accused of betting at the fight which circumstance is now under investigation before Mr Barnes and Mr Kenworthy the result of which will be fully reported by next post.

PA Mulgrave Esq.

POL 9th Jany 1830

Sir

I have the honor to inform you that Thomas Johnson per Caledonia holding a Ticket of Leave was dismissed from his office of Constable on the 5th inst. For having encouraged a prize fight by getting sums of money upon it and to request that Charles Stewart per The John Barry who formerly belonged to the New South Wales Veteran Company may be appointed in his stead.

P25 twenty one

POL 9th Jany 1830

Sir

I have the honor to enclose herewith a coy of the Information of Thomas Cox and to inform you that other masters have refused to supply their assigned servants with necessary clothing food or money to enable them to travel to Hobart Town when Subpoenaed thither to attend the Supreme Court or Police Office and I beg to be instructed how far I may in future be justified in making requisitions upon the Commissariat? (convict and other?) departments for the maintenance or clothes of convicts under such circumstances.

[Lots of crossed out lines]

p26  twenty two

POL 11th Jany 1830

Sir

With reference to your ???? Of the 8th instant informing me that my application for Thomas Brennan to be employed as Clerk in this office has been forwarded to the Colonial Secretary I have the honor to request you will be pleased to remind that Gentleman of the expediency of immediately placing Thomas Brennan or some efficient clerk in this office Two of my clerks are now sick Henry Stephens two oaks??? Remaining? Prisoner’s Clerk is a very indifferent and slow penman

I have…

PA Mulgrave  Esq

Cf Police Magistrate

P27 twenty three

Police Office Launceston 11th jany 1830

Sir

I have the honor to request you will be pleased to inform me by return of post to when the fees for cart licences should be paid viz whether this should go to the Crown or be considered as part of the instances of any person employed in the Department.

POL 11th Jany 1830

Sir

I beg leave  to remind you that I forwarded to your office on the 21st of last November a Requisition signed by the chief District Constable for seven muskets, twelve pair of handcuffs and cord? For oats? For the use of these Districts and as these articles are much required may I request you will have the goodness to inform me if the Requisition is likely to be acceded to.

I have….

PA Mulgrave Esq

Cf Police Magistrate

POL 11th Jany 1830

Sir.

I have the honor to enclose herewith application of James Holman  together with an extract from the Records of this Office and request you will be pleased to inform me by return of post if you have any objection to her being liberated from the Gaol and restored to her husband.

I have….

J Gordon Esq

PM Richmond

P28  twenty four

POL 11th Jany 1830

Sir

I have the honor to report that John Brown accompanied by Samuel Britton a man whose name is yet unknown robbed the house of Mr Archibald Thomson on the west bank of the Tamar, last night, they left the premises about two o clock this morning and taking with them Mr Thomson’s Horse and two of his assigned servants to carry their plunder.

It appears from the statement of one of Mr Thomson’s assigned servants which is the only account yet at hand of the transaction that seven men were at the Hut when there were four muskets some of them if not all were loaded about eight o clock in the evening when the bushrangers entered and secured the men and then proceeded to the house which it is believed they robbed of a great deal of property that Mr Thomson had left home abut four  o clock in the afternoon and gone down the Tamar in a Boat with two of this men that no violence was offered to any of his family or servants and that Brown and his companions appeared on familiar terms with some of Mr Thomson’s men.

As soon as this news Reached me I gave notice of it to the Police Magistrate of

P29  twenty five

Norfolk Plains as dispatched all disposable free with military parties furnished by Capt. Donaldson in pursuit of the Robbers.

POL 11th Jany 1830

Sir,

With reference to your circular of the 8th instant 9834 requiring  a return of Agriculture manufacture and populations in this district. I have the honor to inform you that it will be morally? Impossible that the required information can be accurately obtained and furnished by the 1st of February in as much as this office is insufficiently supplied with clerks the Division Constables are all men of little or no education and the Chief District Constable is now on his way to attend the Supreme Court at Hobart Town. I however will use every possible means in my power to prepare and furnish the required Return with as little delay as circumstances will a??? of.

I have the honor to be…

The Honorable

John Burnett Esq

P30  twenty six

POL 11th January 1830

Sir

I have the honor to inform you that I have not one present form of permit in this office and as nearly 100 are as such weekly I request to be furnished by return of post with 1000 printed forms or of permits for the removal of s????? and as well as the forms of summonses promised in your letter above three weeks ago.

I have

WH? Mone? Esq.

POL 18th Jany 1830

Sir,

With reference to your letter of the 8th instant requesting to be furnished with the police numbers of the persons mentioned in the margin I have the honor to annex the required particularly as far as they can be obtained and I regret that I have only one old Register of the Convicts in this Office which is in such a mutilated state that I cannot vouch for the weekly returns of offences being so accurate and complete as I could wish.

I have…

JM? Moore Esq

Muster Master

P31  twenty seven

Sir,

I have the honor to enclose herewith the petition of H Stephens, Henry Helps, and JK Cunliffe Prisoners employed as Clerks in this office and as the prisoners constable now receive two shillings per Diem besides which they may obtain by fines I humbly conceive that the clerks ought to receive some additional pay or at least commutation? Money instead of their rations which they assure me are of very little value indeed.

I do not know how the Prisoner Clerks are paid and…???? Office and have m???? sent the enclosed petition to you in order that you may judge how far it would be proper to submit if to be considered of His Excellency the Lieutenant Governor.

I have……

PA Mulgrave Esq

CF P Magistrate

P31  twenty eight

POL 18th Jan 1830

Sir,

In reply to your letter of  14th instant bearing reference to my letter of 11th respecting returns required by the Colonial Secretary by the 1st Feb where in you state that you cannot consider completion of the aid Return dependencies was upon a Register of Convicts or Black Books.  I beg leave to inform you that I fear some misunderstanding has taken place respecting my letters of last week I therefore taken the liberty to annex a copy of the only letters I wrote which was to the Colonial Secretary respecting returns.

POL18th Jan

Sir,

With reference to your letter of the 14th inst respecting the need for cart licences and permits where in you state  that the accounts should be accompanied by an affadavit according to the annexed form I beg leave to inform you that your clerk has omitted for annex the forms/terms? Of the affadavits to your letters and as I am unacquainted with its I should feel obliged by

P32  twenty nine

Your furnishing it by the next messenger

I have…

PA Mulgrave Esq

POL 25th Jany 1830

Sir

I have the honor to enclose herewith in duplicate attested account , fines and fees received by me as Police Magistrate during the Quarter ending this 31st December 1829.  You will perceive that these accounts contain fees for Permits and Carts Licences from the 12th of November the days on which I took charge of this Office and the same received under those heads? From the commencement of the Quarter up to that time were collected by my Predecessaor James Gordon Esq who I believe paid them to the Treasurer as he arrived at Hobart Town.

I regret? That those accounts have lain over so long, but it was necessary that the accounts of fines should be examined at a Quarter or General Sessions to award the same paid in the informers ? has occasioned some delays.

I have the honor to be

Sir

WG Boyes Esq

Papers of those accounts see Memorandum Book

P33  thirty

POL 25th Jany 1830

Sir

I have the honor to enclose herewith informations against Edward Sweeney charged with “murder”. I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

POL 25th Jany 1830

Sir

I have the honor to enclose herewith information against Richard Waters charged with “Receiving a stolen watch”

I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

POL 25th Jany 1830

Sir

I have the honor to enclose herewith infomrations against David Rolston with maliciously firing at and wounding  a Bull  – Mr Rolston has been admitted to bail.

I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

POL 25th jany 1830

Sir

I have the honor to enclose herewith informations against George Wardham /Woodham charged with felony

I have the honor to be …..

Algernon Montagu Esq

HM Attorney General

P34 thirty one

POL 25th Jany 1830

Sir,

I have the honour to enclose herewith a letter from Mr John Daniels tending his Resignation as keeper of the pound at Launceston and also the petition of Mr George Pyle praying to be appointed in Mr Daniel’s stead which petition I beg leave to recommend to the favourable consideration of His Excellency the Lieutenant Governor

I have the honor to be …..

PA Mulgrave Esq

Cf Police Magistrate

POL 25th Jany 1830

Sir,

With reference to your letter of the 22nd instant requesting to be furnished with the particulars respecting the person ingation? In the mangle? I have the honor to inform you that it appears from the Register in our Office as well as the Certificate of Freedom which has recently been delivered to Thomas Pearce per Albion that his Police Number is 311 I therefore suspect that the number offered by Thomas Purser per Albion is incorrect.

I have….

JM? Moore Esq

P35 thirty two

POL 25th Jany 1830

Sir,

I have the honor to enclose herewith five bonds as requested in your memorandum of the 8th inst. And I beg to observe that one of them is drawn up in the name of John Rowley which it appears from the mans signature and statement should have been James Rowley.

I have….

Edward Boyd Esq

Deputy Surveyor General

POL 25th jany 1830

Sir,

I beg leave to remind you that the salary abstracts of the last Quarter have not yet arrived for my signature and that I forwarded to your office on the 1st instant a list of persons of this department entitled to salary up to the 31st ultimo.

I have…

JW? Moore Esq.

POL 25th Jany 1830

Sir,

With reference to your letters of the 18th inst. 9834/3 respecting the returns of agricultural manufacture and population

I have the honor to inform you this women? Watch? On the? Receipt of gin? Circular of the 8th inst.??

I directed

P36 thirty three

papers to be ruled and handed and forwarded with letters from the office to Division Constables in this District required their immediate attention to the matter. Some of those lists have been returned to this office exceedingly incorrect as many of the Farms omitted pretending that they do not know the brands?  of their respective divisions and as Mr Welsh the Chief District Constable has not yet returned ???? to me?? And the great want of clerks in this office I fear it will be  this day fortnight before the Regional Information returns  can be obtained and forwarded to your office.

I have….

The Honorable John Burnett Esq

POL  1st Feb 1830

Sir

I have the honor to enclose herewith in triplicate monthly abstract allowances to Field Police and Petty Constables in the districts to be countersigned by you. Which I understand from Mr DUGB Hull is absolutely necessary and request you will e pleased to return them to this office by the next messenger I also learn from Mr Hull that he has not yet received any instructions or warrant to pay the constables allowance…

P37 thirty four

And as most of them have need of their pays as soon as it is due perhaps you will deem it requisite to cause the necessary instance??? to be forwarded to Mr Hull by next post that the men may receive their money as early as possible.

JH Moore Esq

POL 1st Feb 1830

Sir

I have the honor to annex Return of Offence recorded at this office against Thomas Williams 634 per Lady Earl as required in your letter of the 29th ultimo.

I have….

JW Moore Esq.

Police Office Launceston 8th Feby 1830

Sir

I have the honor to enclose here with dupicate returns of fees received by the chief clerk at this office during the last  two quarters as per the fee Book kept at this office

I have…

WG Boyes Esq

P38 thirty five

POL 6 Feb 1830  [purple pencil X]

Returns of fees received by persons employed in the Police Departments in Launceston and authorized to be appropriated as part of the Enoluments? of Office during the Quarter ending the 3rd of Sept 1829.

Joseph William Bell Chief Clerk

Information Oaths Warrants

Summonses & recognizances  13…13

John Dell acting Chief Constable

Serving Warrants and summonses  3.. 15..0

Sigd W Lyttleton                                     17…8…0

POL 6 Feb 1830

Return of fees received by persons employed in the Police Department at Laucneston and authorized to be appropriated as part of the emoluments? F Office during the quarter ending the 31st December 1829

Joseph William Bell Chief Constable

Informations oaths warrants

Summonses and recognizances    15…13…6

John Dell acting Chief Constable from the commencemences?

Of the quarter to the 18th Oct 1829

Serving summonses and warrants   7….6

PW Welsh Chief Constable

From the 19th Oct 1829 to his termination

Of the quarter       3..15..6

£20…6…6

P39 thirty six

Police Office Launceston 8th Feby 1830

Sir

I have the honor to enclose herewith in duplicate unfixed contingences abstracts for the quarter ending the 31st December 1829

?????

JH Moore Esq

Muster Master for abstracts see memo book

8th Feby 1830

I have the honor to enclose herewith Descriptions of Thomas Brown 792 as requested in your letter of the 28th Jany

I have…

JW Moore Esq

POL  8th Feby 1830

Sir

I have the honor to return enclosed herewith the letter of Mr W Patten together with his statement and that of Mr William Kneale stating? Thereto.

I have….

PW Mulgrave

Cf Police Magistrate

POL   8th Feby 1830

Sir

I have the honor to inform you that Joseph Bass per Woodford was sworn in as a Petty Constable attached to this department on the 3rd Novr last * as appears in a letter of that date and that he has and subsequently gazetted as a Constable of George Town and there being no Police Establishment in that Township, Bass has since been ??????  continued to act

P39

thirty seven

As  a constable at Launceston and his name was included in the par? List for the last month which  are on this day returned by the muster master as incorrect in consequence of Basses name being included I beg therefore to be instructed where and how Bass it to be employed and from which department he is to be paid.

I have

Cf P Magistrate

POL  8th Feby 1830

Sir

I have the honor to enclose herewith Return of Agriculture Manufacture and Population in the Police District of Launceston which includes George Town as furnished at this Office by the Chief Constable and Divisions Constables

I have…

The Honorable

John Burnett Esq

Forwarded Mr Dell’s letter to the cf P Magistrate requiring twenty pounds for cart hire.

POL  15th Feby 1830

Sir

I have the honor to enclose herewith examinations taken against John Davis  convict charged with Felony.

I have

A Montagu Esq

P40

Thirty eight

POL 15 Feby 1830

Sir

I have the honor to enclose herewith examinations taken against John Kelly a convict charged with Felony

I have…

Algernon Montagu Esq

POL 15th Feby 1830

Sir

Happening that Joseph Bass per Woodford who was sworn in as a Petty Constable attached to the Police Department at Launceston has been gazetted as a Constable at George Town which I conceived was a mistake in the printing and therefore employed him in Launceston, and on my late visit to George Town I discovered there two constables are already placed there with very little duty to perform and as Bass continues to be use fully employed at Launceston I have the honor to request that he may be gazetted as a Constable attached to the Police at Launceston as requested in my Letter of the 30th of Novr 1829.

I have…

P41

Thirty nine

POL 15th Feby 1830

Sir

I have the honor to inform you that the abstracts for salaries due to persons in this Department up to the 31st of December last have not yet been forwarded to Launceston and that the monthly abstracts allowances to Field Police and Petty Constables in this District have not yet been received, and as the Constables complain bitterly of the inconvenience they experience for want of their pay I pray you to have the goodness to cause the necessary documents to be forwarded with the least possible delay.

I have the honor to be…

JW Moore Esq

POL 22nd Feby 1830

Sir

I have the honor to annex copy f offences recorded at this office against the convicts named in the margin and it appears on examining the records the whole of the offences except the last one should have been posted into the black book against Thomas Williams per Lady East? Who was tried in London and whose number on our Register is 631…

P42

Forty

As no 634 has been erroneously posted into the black book against some of the offences it is therefore probable my Return of Offences recorded against Thomas Williams 634 on the 1st instant is incorrect.

JW Moore

Muster Master

POL 22nd Feby 1830

Sir,

I have the honor to enclose herewith the Description of William Stevens 112 which would have been forwarded sooner but them poor man has been confined to his bed in the hospital from sickness.

I have…

JH Moore Esq JP

POL 22nd Feby 1830

Sir

I have the honor to enclose herewith abstracts and acquaintance of pay for twenty nine persons employed as constables at Launceston from the 1st to the 31st Jany last.

I have to request you would be pleased to furnish this office with some printed forms of abstracts for the monthly pay of the constables.

I have….

PA Mulgrave

P43

Forty one

POL 22nd feby 1830

Sir

I beg leave to acquaint you that the abstracts for salaries due to persons in the departments up to the end f the last quarter have now been forwarded to Launceston for payment and a the monthly pay of the constables has not been paid since that time, they complain badly of the inconvenience they experience in consequence of the delay I have written twice to Mr Moore upon the subject and I trust you will have the goodness to cause the abstracts to be forwarded with as little delay as possible as I conceive the keeping the Constables out of their pay to be fraught with mischief as well as inconvenience.

I have

PA Mulgrave Esq JP

P44

Forty two

POL 22nd feby 1830

Sir

I have the honor to inform  you that I have not one printed form of a permit summary for principals and summons for witness, in the office and request you will be pleased to supply those forms at your very earliest convenience.

I have…

JA Moore Esq

POL 1st March 1830

Sir

I have the honor to enclose herewith examination taken against John Cairns and Bernard Cosgrove charged with Felony and in consequence of the great contradiction in the evidence and the character of Mary Barrett being indifferent Cairns and Cosgrove they have been held to bail

I have…

TC Simpson

Attorney General

POL 1st March 1830

Sir

In reply to your letter of the 18th ultimo enclosing a letter from Mr Gordon * returned herewith respecting Mr Dell’s charge for carting Mr Gordon’s baggage from Hobart Town to Launceston I have the honor to enclose the statement of Mr Dell in support of his demand and who assures me that if….

P45

Forty three

Mr Gordon

Mr Gordon had not compelled his man to bring his baggage to Launceston the cartage of the Goods he had agreed to take would  have amounted to ten  pounds and upwards and that he is willing to reduce his charge.

I have…

PA Mulgrave Esq

Cf P Magistrate

POL 1st March 1830

Sir

I have he honor to enclose herewith Examinations taken against George Proctor charged with Bullock stealing who with the advice of another Magistrate has been admitted to bail.

I have…

Algernon Montagu Esq

POL 1st March 1830

Sir

I have the honor to enclose herewith nominal list of Persons employed in the Police Department in the District of Launceston during the month of February last as required by your Circular of the 16th ultimo.

I have…

PA Mulgrave Esq

P46

Forty four

POL 1st March 1830

Sir

I have the Honor to enclose herewith abstracts and acquittances of pay for twenty eight persons employed as Constables in the Police District of Launceston from the 1st to 28th of February 1828

I have

PA Mulgrave Esq

POL 1st March 1830

Sir,

I have the honor to request you will have the goodness to furnish me by return of Post with a full description of James Marriott no 394 per Morley a person answering the Description of Marriott as given in the Gazette being now in custody charged with being a Runaway, but who asserts his name is Thomas Wright and that he came free per Cumberland.

I have….

JW Moore Esquire JP

Muster Master

P47

Forty five

POL 8th March 1830

Sir,

With reference to you letter of the 18th ultimo stating that Joseph Bass per Woodford may be transferred from the Strength of the Constabulary at George Town to Launceston and that it is not necessary such transfer should be notified in the Gazette I beg leave to request your attention to the annex copy of part of a letter from the muster master respecting Bass’s pay and as Bass has been included in the Commutation Lists for Launceston up to the 31st December last which being my signatures and he has also been returned by me in the nominal list of Constables at Launceston were he has been actually serving since his appointment to the constabulary I cannot with propriety sign the abstracts for his pay as a Constable at George Town which it appears from the terms? Of Mr Moore’s letter I must continue to do every month so long as he may be employed as a Constable and his appointment in the Gazette remains unaltered, I therefore trust you will see the necessity of causing Bass to be gazetted as a Constable at Launceston from the date of his appointment * or direct some other communication to be made upon the subject to authorize the auditor of accounts to pass the required abstracts that Bass may receive his daily pay…

P48

Forty six

From the 1st of January and also the salary due to him from the 16th Decr 1829 (the date of his appointment) to the 31st of this month – neither of which he has been able to obtain in consequence of his having been gazetted as a Constable at George Town instead of Launceston

I have the honor to be…

PA Mulgrave Esq

Cf P Magistrate

POL 8th March 1830

Sir,

I have the honor to transmit copy of the application of Margaret Killjoy? For her Certificate of Freedom on the Reverse together with the annexed description of her person, and should the applicant’s term of transportation be expired, I request you will be pleased to ford her Certificate of Freedom to this Office for Delivery.

I have…

The Principal Superintendent of Convicts

Sydney

P49

Forty seven

Police Office Launceston

8th March 1830

Sir

With reference to your letter of the 11th December 1829 respecting the removal of John McCale to Sydney and stating that His Excellency the Lieutenant Governor had been pleased to direct it would be desirable that he be placed under the charge of the Master of the Vessel I have the honor to inform you that I have applied to the Commanders of two vessels which have left this port for Sydney since the receipt of your letter and also to the Master of the Surry? Now loading for Sydney, to take McCale thither to Sydney and they have all refused to do so unless an officer is sent with him and both their passé money paid McCabe consequently continues in the Gaol at Launceston I there fore request to be further instructed what steps are to be taken to convey him to Sydney.

PA Mulgrave Esq

P50

Forty eight
POL 8th March 1830

Sir

I have the honor to enclose herewith abstract of General Salary due to Constable Joseph Bass up to the 31st December 1829 which was omitted in the abstracts for that quarter also abstracts of daily pay due to the said Joseph Bass and Henry Muirhead up to the 31st January 1830 which were also omitted in the monthly abstracts for likewise monthly abstracts of pay due to the whole of the petty constables and field police at Launceston from the 1st to the 28th of February 1830 and I request you will be pleased to cause these abstracts  to be copied upon the requisite printed forms and forwarded in due course.

I have the honor…..

[purple pencil X]

PA Mulgrave

1st Bass from the 13th to 31st Decr  £10  8..9..

2nd Bass from 1st to 31st Jany @ 2/ per diem

Muirhead from 13th to 31st Jany @ 2/ per diem   £5…0.00

3rd 29 men from 1st to 28 Feby  79..16..0

P51

Forty nine

POL 8th March 1830

Sir

I have the Honor to annex list of Books and stationery required at this office as it may be some time an opportunity may offer of sending the whole of the articles to Launceston I request that a few forms of summonses, licences for Dogs, Slaughtering cattle and per mils?/milk?/nils?  Be sent by return of Post.

I have…

P Mulgrave Esq

List of Books and stationary required at the Police Office Launceston on the 18th March 1830

One large book as Register of male convicts

The do do as a Register of female do

One large book for registering offences

Four smaller for registering of licences of dogs, slaughtering cattle, and other purposes.

1000 best quills – the last? Quills supplied the office were so inferior as to be almost useless

2 reams best foolscap paper one ream of post Do

½ ream blotting paper ½ ream large paper for covers of letters

1000 printed forms of permits for removals of windspins??

300 printed forms of Summary for Principal

500 printed forms of Do for witnesses

200 printed form of warrants in apprehended * 200 punishment warrants

2000 printed forms of passes for convicts  sorted

from Jakslaw??

3 dozen black lead pencils

two rulers

three bottle of Indian rubbers

one dozen black and red in powders

two wafer stamps

P52

Fifty

POL 15th March 1830

Sir

I have the honor to enclose herewith the statements of Mr RK Ayton  as requested in your letter of the 5th inst.

I have..

Charles Arthur Esquire

POL 15th March 1830

Sir

I have the honor to enclose herewith in triplicate salary abstracts and supplementary Salary abstracts of pay for persons in the Police Department at Launceston for the quarter ending the 31st instant you will perceive that William Brea  is as written in the abstract from your office should have been Thomas Brennan I should have furnished these abstracts upon print forms but as those received from your office have all got damaged none could be procured in Launceston I have been obliged to cause them to be written.

I was not aware that it was absolutely necessary for me to furnish the salary abstracts in triplicate as those for last quarter were signed by the chief police Magistrate and not by me but made out from a less? Furnished form ?  this office

JH Moore Esq

P53

Fifty one

POL 22nd March 1830

Sir,

I have the honor to enclose herewith   examinations taken against John Gunning a convict charged with felony.

I have the honor…

The attorney general

POL 18th March 1830

Madam,

From a communication received by last post from the Attorney General respecting a prisoner named Davis charged with stealing a pair of Ear Rings the property of Mr Allan I am under the painful necessity of requesting Miss M Alan to give further evidence in the case and shall feel obliged by her attendance at this office during the forenoon of tomorrow or the day after as may be most convenient.

I am aware that Mr Allan is from home otherwise this Letter would (as a matter of course) been addressed to him.

I have the honor to be

Madam

Your obliging…

Mrs Allan

Tamar

P54

Fifty two

Police office Launceston

22nd March 1830

Sir

I have the honor to enclose herewith in duplicate Requisitions for Books and Stationery required at this office and as you will perceive that I am deficient of most of the articles I trust they will be forwarded at an early convenience.

I have the honor…

PA Mulgrave Esquire

Cf P Magistrate

POL 22nd March 1830

Sir

With reference to your letter of the 12th instant respecting the case against John Davis I have the honor to enclose herewith the further information of Miss Allan and to inform you

[??]

P55

Fifty three

POL 22nd March 1830

Sir

With reference to your circular of the 9th instant requesting my opinion as to that fees ought to be paid for the various services performed by Clerks and Constables in Cases of breach of the peace misdemeanours or infurtherance of any other Magisterial duties (accompanied by a list of fees now taken at the Police Office in Hobart Town) I have the honor to submit the annual schedule of fees which I consider fair and reasonable.

I disapprove of any fee whatsoever being charged in cases of felony and have therefore omitted the fee of 6/8 for a warrant for felony.

As the payment of the fees arising from complaints of Breach of the Peace are in most cases the chief and in some the sole punishment of the offence I think they ought not to be reduced.

The information and complaint ought most certainly to be charged, as well as one shilling for every folio of 72? Works in proceedings for it sometimes happen that illicit venders of spirits or other offenders will cause much trouble and writing for examining a hot of witnesses which are generally at hand to endeavour to quash an information that has been founded on truth.

I also  conceive that a formal conviction

P56

Fifty four

Ought in cases of illicit grog selling harbouring runaway convicts &c to be drawn up and pled in the office for which a fee should be allowed, and that warrants of Districts as well as those for the apprehension and committing to Gaol offenders who refuse to pay a fine levied by virtue of an act in Council should be charged for although the act “to regulate summary proceedings before Justices of the Peace” empowers the Magistrates to assess reasonable casts in such cases, yet many of the Justices may be scrupulous of allowing any item which does not appear in the scale of fees, and the clerk would be enabled to furnish a Bik? Of particulars  to the Magistrates, the Plaintiffs, or Defendant if required.

In cases where Constables or other persons lodge information and sue for a pecuniary fine the fee I conceive should be paid by the Plaintiff if he fails to prove his information, and such a measure would tend to prevent very frivolous complaints and would also check bribery in case of a more flagrant nature and induce the Plaintiff to exert himself in proving sufficient evidence to prove the charge.

Should the fees at present received

P57

Fifty five

By the Chief District Constable at Launceston be collected and paid over to the Colonial Government he would require  considerable additional salary if on the other hand he should be allowed to continue to receive fee I am of opinion tat ought not to undergo any alteration.

I have….

POL 22 March 1830

Sir

With reference to your Circular of the 17th ultimo stating that His Excellency the Lieutenant Governor had been pleased to determine that it will be necessary to advance to the Police magistrates every month to the pay of the Constables in the respective Districts to enable them to pay them weekly I have the honor to inform you that all the constables in this District are now in arrear of seven weeks pay and as I conceive much evil may arise from keeping such men our of their pay I trust that some steps will soon be taken to pay them regularly every week for it is obvious that many of them have no means of supporting themselves and are obliged to solicit credit from the Dealers and there are reason to believe that some of them are in the habit of borrowing money at immense interests and that others when they receive

P58

Fifty six

Two or three months pay at a time are very likely to resort to public and gambling houses abuses which would be checked by paying them every week for it cannot be supposed that men of their class when receiving three months pay at  time amounting to nine or ten pounds can resist the temptation held out at Launceston to drinking and other disorderly habits to which convicts are so universally prone. I therefore trust you will perceive the expediency of directing such means to be adopted as may enable the constables in this District to be paid weekly as directed by his Excellency the Lieutenant Governor

PA Mulgrave Esq

Cf P Magistrate

PO Launceston 22 March 1830

Sir,

I have the honor to enclose herewith he further information of Mr Thomas Landale respecting the cause of the death of Mary Sweeney as requested in your letter of the 12th instant.

I have the honor…

Algernon Montagu Esq

His Majesty’s Attorney General

P59

Fifty seven

Police Office Launceston 22nd Jan 1830

I have the honor to enclose herewith a warrant for the apprehension of John McCabe together with a certificate of Freedom found upon his person when he was apprehended by Andrew Rhind in Novr last.

McCabe will leave this for Hobart Town tomorrow morning with two other prisoners under an escort of three constables who will forward them to the next Police station from whence they will be conveyed on the road to Hobart Town.

I have…

PA Mulgrave

Chief Police Magistrate

P:O:L 22nd March 1830

I have the honor to return enclosed herewith the petition of Henry Stephens and beg leave to observe that is appears by a letter of the 19th ultimo that my Certificate on the reverse of Stephen’s petition must have escaped your notice.

I have…

To RH Woods Esq JP

P60

Fifty eight

POL 29th March 1830

Sir

In reply to your letter of the 22nd inst requesting the particulars in the case of William Lawrence now in Launceston Gaol to be forwarded to your office, I have the honor to inform  you that no person of that name has been sentenced at this office to be removed to a penal settlement and that I know nothing of his case.

I have…

Dudley Fereday Esq

Sheriff

POL 29th oct 1830

Sie

In obedience to your instructions of the 12th instant of the case named in the margin Rex v John Davis I have the honor to enclose herewith the further examinations of Miss Allan together with those of Samuel Harvey? Brown and both Mr Charlton and Mr Munro upon being questioned appear to be unable to give any evidence in the case. Those examinations would have been forwarded to you sooner but Brown who had been ordered by my clerk to attend the office on the morning of the 19th the day I was expected to return from George Town where I had been called to hold an inquest…

P61

Fifty nine

Did not make his appearance before last  Saturday neither could he be found in the meantime by any of the Constables.

I have the honor

Algernon Montagu esq

POL 29th March 1830

Sir

With reference to your letter of the 26 March 1830 stating that the monthly abstracts from Jan to Feby were duly forwarded to the proper authorities and that? Your signature is withheld from the quarterly salary abstracts on occasion of Thomas Brennan being inserted therein I have the honor to inform you that the abstracts for Feby have not yet been forwarded to Launceston for payment and consequently the constable who ????? have now two months pays due to them and that Henry Muirhead and Joseph Bass have not received any pay since their appointment why Bass should have been gazetted as a constable at George Town I know not as the mistake ought to have been long ago rectified that they man might have received his pay with respect to Thomas Brennan he was appointed/? By a letter from Col? Sec? Office

[end?]

P62

Sixty

Police Office 27 March

Sir

In reference to your letter of the 22 inst wherein you state that you are under the necessity of again calling my attention to the case of William Laurence under sentence? To a Penal Settlement – and ???? “you will furnish me by return of post all that is required in the case above alluded to” –

I beg leave to inform you that Committing Magistrate  [end?]

I have the honor to be

Dudley Fereday  Esq

[from end? Above?]

On the 12th feby? To be employed as a clerk in the office a consequence of an application I had made through the Chief Police Magistrate and as two other Prisoner Clerks receive 1/- per day for teir services I conceived Brennan was entitled to the same and if it required to be gazetted it surely ought to have been done so soon as he was placed in the office.

on the 8th instant I forwarded to the Chief Police Magistrate abstracts of Quarter Pays due to Joseph Bass from the 13th to the 31st Dec and abstracts of  ???Months? pay from

p63

Sixty one

?? ?? 1st to 31st Jany and also abstracts of monthly pay due to Henry Muirhead from the 13th to 31st Decr neither of which have yet been forwarded for payments and the men are actually in distress in consequence of the delay.

I have forwarded ?? ???  ????    ?????  ?????? the abstracts of pay due to the constables for the ???? of March  In? the Chief Police Magistrate to whom it appears they are ????? to be ????? and  ???? steps will be immediately taken to secure regular weekly payments of mines due to the constables employed in? this District as directed by His Excellency the Lieut. Gov.

JW Moore Esq

Muster Master

Wrote to Mr Moore for a few? Licences for Dogs as required by the acts in ???????

POL 29th March 1830

Sir

His Excellency the Lieutenant Governor may be pleased to place Thomas Brennan as a Clerk in the? Office in consequence of Application I have made through the cf P Magistrate and Brennan has been employed since the 16th Feby?  I conceived he was to receive the pay of one shilling per diem allowed

p64

Sixty two

To the other prisoner clerks at? This? Office and already inserted his name into quarterly salary abstracts to which the muster master has withheld his signature in consequence may I therefore request to be informed whether His Excellency is pleased to allow Thomas Brennan to receive the same salary as the other Prisoner Clerks employed in this office and if so that some specific authority may be given for ?????   I have order that the salary abstracts may require two required signatures.

I have the honor

The Honorable

John Burnett Esq

POL  5th April 1830

Sir

I have the honor to enclose herewith Returns of person employed in this Department unto? 31st ultimo shewing where they are respectively stationed.

I have…

PA Mulgrave Esq

p65

Sixty three

5 April 1830

Sir

In reply to your letter of the 1st instant respecting a complaint made by the sheriff that the orders relative? To the ???????ion of the informations to that Officer respecting men under sentence to a formal settlement are frequently neglected.

I have the honor to state only one instance  has yet occurred since my succession? to the office of Police Magistrate when a prisoner was sentenced to a Penal Settlement and on that occasion the notice? Was forwarded by the ensuing? post to the Sheriff.

I beg leave to add an uncorrection that strong? Letter was addressed to me lately by that Officer respecting William Laurence when He ought more properly to have directed himself to the Police Magistrate of Norfolk Plains, he being the Committing Magistrate.

I have…

The Honorable John Burnett Esq.

P66

Sixty four

POL 7 April 1830

Sir

With reference to your letter of the 2nd instant respecting four convicts supposed to have absconded from Macquarie Harbour I have the honor to annex their names and description together with that of William Throssell who was apprehended here a few days ago.

As it would be quite impossible for me to complete the case against those men at Launceston I have directed them to be forwarded to your office under an escort consisting of two soldiers and three constables who are to be relieved at Campbell Town as the prisoners conveyed from thence under the direction of the Police Magistrate there – I conceived it proper to furnish you with a Description of the prisoners as it is possible some of them say effect their escape on the Road.

I have  &

PA Mulgrave Esq.

P67

Sixty five

Police Office Launceston 12th April 1830

Sir

I have the honor to annex the examination of Josiah Hickings the conduct of Constable George Moffatt who appears to have been guilty of a dereliction of duty and quite unfit to be entrusted with the care of prisoners.

Moffatt arrived here on Friday morning he had been induced to take the handcuffs off Hickings at Mr Gibsons barn and there he had effected his escape during the night

I have …

PA Mulgrave Esq

Cf Police Magistrate

POL 12th April 1830

Sir

I have the honor to request you will be pleased to furnish me by return of Post with a few printed summonses of each sort. I made a formal Requisition for summons ???? t??? forms about a fortnight ago and r Moore had promised P???s of a month ago to send me some summonds by the post which has not yet been received.

J Spode Esq

P68

Sixty six

POL 10th April 1830

Sir

I have the honor to inform you that the person named in the margin was convicted on Saturday last before a Bench of Magistrates at this office of Neglect of Duty in taking two prisoners under his charge to a Public House getting drunk and escaping from the Watch House  our sentence to be dismissed from his office of Constable and forwarded to work twelve month in irons on the Streets of Launceston.

I have..

ML Smith

PM

Norfolk Plains

12 April 1830

Sir

I beg to acknowledge the receipt of your letter of the 8th inst.

I have previously been addressed on two occasions in/on the lulyict? Aluded to in your letter. When those applications ought to have been made to the Committing Magistrate no instance having…

P69

Sixty seven

Yet occurred of my having convicted any offender to a Penal Settlement in the case? William Lawrence the prisoner mentioned in  your former letter the man was convicted by the Police Magistrate at Norfolk Plains. In reply to your letter of the 8th inst.? I beg to observe that no Prisoner has on any occasion been committed to jail by me unaccompanied with a formal and legal warrant and I have further to observe that unless your correspondence with me is conducted with a little more courtesy, I shall be under the necessity of submitting your letter to the perusal of His Excellency the Lieutenant Governnor

I have the Honor

POL

Forwarded to A.C.G.L. return of office furniture and stores.

Forwarded to the Colonial Secretary the memorial of Timothy Quin James Houghton for a vendor licence the

P70

Sixty eight

Memorial of John Dunlop the letter? Of Richard Jordan to the Colonial Sec.

POL 19th April 1830

Sir

I have the honor to enclose herewith Duplicate returns of fees received by persons employed in this Police Depertment at Launceston and authorized to be appropriated as p??r of the Enoluents? Of Office during the quarter ending the 31st march 1830.

GW Boyes Esq

Auditor of Accounts

See acct Book (in red pen)

POL 19th April 1830

Sir

I have the honor to enclose herewith Return of Fees received at the Office for Tickets of Leave free and conditional pardons from the last? November to the 31st March 1830 together with a Draft upon to Derwent? Book for the amount (£3.13.60

I have…

The Honorable

John Burnett Esq

X see account Book (in red)

P71

Sixty nine

POL 19th April 1830

Sir

I have the honor to enclose herewith the Ticket of Leave of the Persons named in the margin who have become free, the two first have never been issued from this office consequently no fee has been received for them, I also enclose the Ticket of Leave of Thomas Johnson nr [blank] who has been deprived of it by command of His Excellency the Lieutenant Governor.

I have

To?

The Honorable

John Burnett Esq

POL 19th April 1830

Sir

I  have the honor to inform you the Field Police Constable William Hardister? (326) who has recently obtained a Ticket of Leave has requested to resign, should his request be complied with, I beg leave to recommend John Thomson (free) formerly a Private in the veterans corps as a fit person to be employed in the Police in Hardisty’s? stead.

I have the honor to be

PA Mulgrave Esq

P72

Seventy

POL 19th April 1830

Sir

I have the honor to enclose herewith in duplicate unfixed contingents? Abstracts for the quarter ending the 31st March 1830 and I beg leave to inform you that several of the Constables have complained of the non payment of Rewards due to them for apprehension of runaway convicts nearly twelve months ago.

I have

P Mulgrave Esq

X see account Book

POL 19th March [should be April?] 1830

Sir

I have the honor to enclose herewith (In duplicate) attested account of fines and fees received by me as Police Magistrate during the quarter ending the 31st March 1830

I have…

GW Boyes esq

X see account Book

POL 19th April 1830

Sir

With reference to the letter of Mr Theodore Bartley returned herewith. I have the honor to state that James Jones was accidentally drowned on the night of the 14th Feby last and that his place has been supplied??? by one of the Police constables – as Jones was exclusively employed under the orders of

P73

Seventy one

The Comptroller of Customs I supposed this gentleman would have reported his death immediately and that another person would have been appointed in his stead. I regret that I know of no prisoner in the public works here sufficiently qualified and trustworthy to be appointed a Constable upon the Wharf in lieu of the deceased as the situation appears to me to require a sober active and intelligent person

I have…

Colonial Secretary

POL 20th April 1830

Sir

With reference to your letter of the 16th instant requesting further particulars relative to the misconduct  of Special Constable George Moffatt I have the honor the enclose the Examination of William Allgood from which it appears that Moffatt had not only neglected to secure his prisoners at night but held out an inducement to them to abscond for Hicking after his statement had been taken add that Moffatt had told the prisoners if they runaway again and came to Hobart Town to give themselves up and he would give them money for so doing – Moffatt stated he had been induced to take the Handcuffs off Hicking

P74

Seventy two

At Gibson’s Barn in consequence of his wrist being much swelled which appears to have been a willful falsehood

I have..

PA Mulgrave Esq

POL 26th Apri 1830

Sir

I have the Honor to enclose herewith informations against  Thomas Massey for an assault.

I have the honor to

A Montagu Esq

HM Attorney Genl

POL 26th April 1830

Sir

I have the honor to enclose herewith nominal return of Persons employed in the Police of Launceston during the present month as required by your circular of the 26th Feby 1830.

I have

Cf P Magistrate

P75

Seventy three

POL 26th April 1830

Sir

I have the honor to enclose herewith a abstract of pays due to the Field Police Petty Constables from the 1st to the 30th instant

Cf P Magistrate

X see acct book

POL 26th April 1830

Sir I have the honor to enclose herewith in triplicate abstracts of pays due to the field Police and Petty Constables from the 1st to the 31st May ensuing as required by your circular of the 26th Feby intant.

Cf P Magistrate

X see acct book

POL 26th April 1830

Sir

I have the honor to request Angus Kennedy No 55 per Lord Melville may be appointed a constable to be stationed at the Wharf at Launceston vice james Jones Deceased.

I have…

Cf P Magistrate.

Not sent

POL 26th April 1830

Sir

I have the honor to request that John McDonald Per ASIA an assigned servant to Roderick Mc Donald may be appointed to the Field Police attached to the District he having been…

P76

Seventy four

Been strongly recommended for the service by his master Mr Welsh the Chief District Constable.

I have…

Cf P Magistrate

POL  3rd May 1830

Sir

With reference to your memorandum of the 27th ultimo pointing out an omission in the Return of application for certificates of Freedom and Tickets of Leave I have the honor to inform you that James Cavanagh per Minerva intends residing with his brother John Cavanagh who rents a farm of W Scot/Leake?  At the Cocked Hat Hill

The Honorable

James Burnett Esq

POL 3rd May 1830

I have the honor to enclose herewith supplementary abstracts of pays due to the constables in this District for two months of April and May 1830

I have the…

PA Mulgrave esq

P77

Seventy five

POL 10th Mary 1830

Sir

I have the honor to request you will have the goodness to forward by the next post or an early convenience a few/ream? Of each of the forms mentioned in the margin. I have made a formal Requisition of these Forms with other which may yet be some time before they can be sent? Road by? Water.

I have

J Spode Esq

[margin] permits passes sorted summonses warrants to apprehend

POL 17th My 1830

Sir

I have the honor to enclose herewith informations taken at this office against Richard Lowe and Henry Thomson charged with felony.

I have…

Algernon Montagu Esq

Not to be sent the attorney general expected in Launceston on the 19th instant.

POL 17th May 1830

Sir

I have the honor to enclose herewith informations taken against Thomas Rores/Raves/Roses? Charged with Felony.

I have….

A Montagu  esq.

Memo: Not to be sent the attorney general expected in Launceston on the 19th instant.

P78

Seventy six

POL 17th May 1830

Sir

I have the honor toe enclose herewith the informations taken against Patrick Welsh charged with Felony.

I have..

A Montagu Esq

Memo: Not to be sent the attorney general expected in Launceston on the 19th instant.

POL 17th May 1830

Sir

With reference to your letter of the 14th instant respecting the Rewards for the apprehension of Thomas Raves 443 I have the honor to inform you that Raves was fully committed at this office on the 14th instant for a Robbery committed by him in company with the Bushrangers Bevan and Britton.

I have…

Isiah Spode JP

Muster Master

POL 24th May 1830

Sir

I have the honor to annex List of Applicants at the office for Certificates of Freedom and Tickets of Leave whose Description have been regularly forwarded but the required Documents have not yet been received at this office.

RH Woods Esqr

PL of Convicts

I have….

See acct book folio 10

P79

Seventy seven

Police Office Launceston 24th May 1830

Sir

I have the honor to enclose herewith Lists of Runaway convicts who have been brought to this office for the apprehension of whom no rewards have been paid and I should fee obliged if you would be pleased to cause the Rewards of those who appear to be due to be put into a train for payment.

I have…

Josiah Spode JP

(see account book folio 12)

[margin]: two lists one for quarter ending 30th Sept 1829  the other for decr 1829.

X [purple pencil]

I have the honor to enclose herewith the statement of John Rosevear respecting the capture of two native Boys who were brought to this Town in a Whale Boat belonging to Mr Thomas last night. One of the Boys appears to be about fifteen years of age and the other twelve they have been supplied each with a suit of woollen slop clothing by Mr Rosevear neither of them can speak a word of English John Rosevears states that his Father is desirous of keeping the youngest boy they are at….

P80

Seventy eight

Present confined in the prison Barracks here until His Excellency’s pleasure shall be known.

X [purple pencil]

POL 24th May 1830

Sir

I have the honor to enclose herewith the statement of Arthur Maynes and John Rosevear touching the apprehension of some black native people who are now in the prisoners Barracks in Launceston.

You will perceive when Maynes made his statement at this office the women and Boy therein mentioned were at George Town on their arrival here on the following day they were recognized as part of the five women who were sent here from Hobart Town in April last and who were subsequently set at liberty by Mr Batman, these women complain that Maynes and his companion destroyed their dogs and took away their passes, pipes and tobacco, as Maynes left Launceston for Hobart Town on the day he gave his statement I have not been able to question him further respecting the matter, he however I believe intends to call upon the Aboriginal Committee

P81

Seventy nine

With the view of receiving the supposed rewards for the apprehension of the women and child.

Mr Rosevear states his father requests he may be permitted to keep the youngest of the two youths.

I have…

The Honorable

John Burnett Esq

POL 24th May 1830

Sir

I have the honor to enclose herewith a packet of informations and other papers necessary to the prosecution of several persons committed by James Gordon Esquire which I received by this day past from that Gentleman.

I have…

P82

Eighty

POL 24th May 1830

Sir

I have the honor to enclose herewith in triplicate supplementary salary abstracts of pay for the constable from the 1st to the 31st June next and I beg leave to observe that al the petty and field police constables in the District have now eight weeks pay due to them.

I have

PA Mulgrave Esq

POL

Sir

I have the honor to return enclosed herewith informaitons against Thomas Raves? Charged with felony.

I have the honor to be

A Montagu Esquire

His Majestys Attorney General

P83

POL 26th May 1830

Sir

I have the honor to enclose herewith extracts from the Records of this Office in the case of  Rex v John Gilshein together with a Recognizance for his appearance before the Court to answer the charge

I have…

POL 27th May 1830

Sir

I have the honor to enclose herewith informations taken by Mr Gordon in the case of Rex versus Thomas Templeton together with the examinations of Richard White and Sarah Clayton touching the case which have been taken by me I the Jail this morning.

I have the honor…

27th May 1830

Sent the Attorney General the further information of William Barnes in the case of Rex v Laughlin White and others

P84

POL 27th May 1830

Sir

I have the honor to return enclosed here with information in the case of Rex versus John Morton and others together with the further information of Mr Robert Pringle Stuart touching the matter.

I have…

Attorney General

POL 28th May 1830

Sir

I have the honor to return enclosed herewith information in the case of Rex v Cantwell and another with the further information of James Burton touching the case.

I have

Algernon Montagu Esquire

POL 28th may 1830

Sir

I have the honor to enclose herewith the further information of Robert Thomas in the case of Rex versus Laughlin White and others

I have…

Attorney General

P85

POL 31st May 1830

Sir

I have the honor to annex copy of a letter received last week from the Colonial Secretary and to enclose herewith a duplicate copy of the Returns therein referred to which upon reference to your letter Book I have no doubt you will find were regularly forwarded to Mr Boyes, Thomas thought it advisable to furnish you with the Returns incase the former ones should have miscarried or have been mislaid  in Mr Boye’s Office.

I have…

PA Mulgrave Esq.

POL 31st July 1830

Sir

I have the honor to enclose herewith nominal List of Persons employed in the Police at Launceston during the months of May 1830

I have…

PA Mulgrave Esq

cf P Magistrate

POL 31st may 1830

Sir

I have the honor to request you will be pleased to inform me if Thomas Lake per Mary who has been employed as a clerk in this office since the 3d instant in to receive any pay and if so what sum

P86

I have taken the liberty to annex the names of the prisoner clerks employed in this office with the rate of pay they receive opposite their respective names

Cf P Magistrate

POL 31st may 1830

Sir

I have the honor to enclose the information of Mr Archibald Thomson in the case of Re v Rose/Rave? Together with copy of the lists of articles stolen from his house and I regret to add that the list mentioned in Mr Thomsons examination has been mislaid.

I have…

Attorney General

Information returned to the Attorney general in the case of Rex versus Proctor

P86 continued

To Mr Bateman

POL 30th May 1830

Sir

I request to be informed as whether you have obtained any further information respecting the outrages said where being committed towards the native women at Piper’s River and whether every possible exertion has been used to discover the body of the women said to have been murdered. In order that I may be enabled to enquire fully into the matter; and report the result for the Information of His Excellency the Lieutenant Governor.

I have the honor

William Lyttleton

P87

PO Launceston 7th June 1830

Sir

I have the honor to annex a personal description of John Evans no 13 as requested in your letter of the 28th ultimo.

I have…

Josiah Spode JP

Muster Master

POL 7th June 1830

Sir

His Excellency the Lieutenant Governor may be pleased at the commencement of the present year? To order that two shillings per diem be paid to all Field Police and Field Constables and that one month’s pay should be paid in advance to the Police Magistrates in order that the constables may receive their wages weekly. I have the honor  to inform you that all the constables in this District were made acquainted with His Excellency’s Pleasure on that Head, and that consider able murmur and dissatisfaction has been expressed amongst them in consequence of the length of time they have been kept out of their pay at this time the Field Police and Petty Constables in this District have ten week pay due to them and I am  are that many of them experience much inconvenience as well as loss in being obliged in soliciting credit  from the Publicans and other dealers and

P88

Some of them I fear when receive three months pay at a time amounts to eight or nine pounds are apt to spend their proceeds? In drinking and gambling Houses to the injury of their creditors as well as themselves and I feel confident that much good would arise by paying them every week. I understand from W Spode that the vouchers for April may and June have been recd by him from this office and forwarded to the proper authorities but where or by whom detained I know not However I trust His Excellency will deem the matter of sufficient importance to command prompt and future regular attention of those concerned

I have…

J Burnett Esq

POL 7th June 1830

Sir

I have the honor to enclose returned enclosed herewith informations in the case of Re v Cantwell and another together with  the further statements of Thomas Faro.

I have…

Algernon Montagu esq

POL 7th June

Sir

I have the honor to enclose a statement on  ash? Relative  to the ten pound note stated to have been delivered to me by my predecessor Mr Gordon.

Mr Welsh the Chief District Constable  informs

P89

Me that the trunk in question was received by him from Mr Gordon himself, and that it was accompanied by a list of the contents, which he has shewn me, and in which no mention whatever is made of a Ten pound note, although there was ample room  on the paper to have done so.

I have

Algernon Montagu esq

PO L  7th June 1830

Sir

I have the honor to request you will be pleased to cause Ann Easton  per mermaid who is now in the Factory at George Town to appear before you and taken her examination on oath as to what she knows respecting Hannah Yewband? Per mermaid (who was convicted with her) being married or otherwise and forward the same to this office by return of messenger for the Information of His Excellency the Lieutenant Governor.

I have…

John Clark Esquire

Police Magistrate

George Town

P90

POL 14th June 1830

Sir

In reply to your letter of the 4th instant requesting to be informed by what authority Thomas Lake 505 was appointed a clerk in this office. I have the honor to inform you that he arrived here on the 3rd of May with a pass from your office and a memo? From Mr Gunns stating that he was to be employed as a clerk in this office.

I have…

PA Mulgrave

Cf P Magistrate

POL 14th June 1830

Sir

I have the Honor to request you will be pleased to forward to this office by return of messenger a few printed? Forms of salary abstract.

I have…

Josiah Spode Esquire

POL 14th June 1830

Sir

With reference to your circular of the 2nd instant respecting Bonds entered into by persons leasing Crown Lands I have the honor to inform you that no such Bond or Bonds are in this office there are however seeral blank private forms of Bonds for that Purpose.

I have…

JH Moore Esq JP

Collect ??? internal  revenue

P91

POL 14th June 1830

Sir

I have the honor to inform you Thomas Brennan a Clerk employed in this office has complained to me that Mr Sinclair has refused to enter his name in his lists for pay due to Prisoner Clerks in lieu of slop clothing I should therefore feel obliged if you would ascertain if it is His Excellencies Pleasure that Brennan should receive pay in lieu of slops the    same as all the other Prisoner Clerks in this office and if so to cause the necessary instruction to be given to W Sinclair.

I have…

PA Mulgrave Esq

Cf PM

POL 21st June 1830

Sir

I have the honor to enclose herewith a list of persons employed in the Police at Launceston entitled to salary for the quarter ending the 30th instant.

I have the honor to be.

Josiah Spode Esquire JP

P92

POL 21st June 1830

Sir

I have the honor to acknowledge the receipt of your letter of the 10th instant together with a list of stationery for the use of this office and beg leave to inform you that on unpacking the case only five hundred quills instead of six hundred, and one ream of post papers instead of two reams have been received, that the Book marked Letter Book is of very inferior paper which is mildewed from one end to the other, that the two colonial made books are of bad paper unwieldy and (in my opinion) unfit for Registers, and that the two Reams of Foolscap paper which are labeled “superfine foolscap”  is of very inferior quality I therefore conclude the Government had been imposed? Upon by the furnishers of those stores.

I have…

PA Mulgrave Esquire

Cf P Magistrate

POL 21st June 1830

Sir

I have the honor to request you will be pleased to send to this office some printed forms of permits and of Magisterial duties for weekly return as I am entirely estitute of both.

I have…

Josiah Spode Esq

P93

POL 21st June 1830

Sir

I have the honor to acknowledge receipt of your letter of the 18th inst. Respecting the Prisoners named in the margin [ Jno Banks 555] and beg leave to inform you that he has passed himself off as a free man since Nov 1828 in consequence of an order for  pass sigd by Mr Sinclair which he gave on the authority of the enclosed documents which you will observe had been sent? Without signatures from your office.

I have…

RH Woods Esq.

POL 21 st June 1830

Sir

I have the honor to request you will be pleased to inform me if a person convicted of Hand???y convicts?  Or? Retracting? Sperel???? Legaans?  By virtue of the act  in council can demand copies of the defamations in case of appeal to the quarter sessions, and whither such copies can be given with or without the consent of the informers.

I have…

Alfred Stephens Esq

???????? General

p94

28th June 1830

Sir

I beg leave to remind you that on the 14th instant I wrote to you requesting some printed forms of salary abstracts might be furnished to this office it appears that forms for unfixed contingencies  have been sent instead, I have therefore been obliged to forward one of the monthly abstracts for July upon a written form as I can not obtain a printed  at any of the offices here and I should feel obliged if you will forward me a few of the required forms by return of messenger

I have….

Josiah Spode Esq.

P95

To: Peter Archer Mulgrave Esquire

Police Magistrate

Hobart Town

21st Feby 1829

Sir

You will perceive by the gazette do that the sittings of the Court of Requests and Quarter session already advertised to be held at Launceston on the 2nd and 5th of March are postponed – the language of the new act of Parliament, which works a repeat of the existing act on the 1st of March, is the occasion of it, and I perceived that personal risk and danger would attend the Commissioners and Justices if this mode was not adopted – the difficulties I made known to His Excellency, and I have….

P96

Had to request from you, and, through you, from the rest of my brother Magistrates, pardon for stopping the session without previous communication as it was impossible to be had; and in reference to the safety of the Magistrates of Cornwall the result must have been the same – namely a postponement – should any point arise owing to the measure I shall be most happy to have an opportunity of setting it at rest.

I have the honor to be,

Sir,

Your very obedient Humble servant

Joseph Hone?

[margin]

Joseph Hone

21st February 1829

postponing sittings of the quarter sessions and Court of Request

sini dies

p97

in pencil

Prepare the necessary directions for the  P???? Supr to furnish Mr Lucas with another man and to prepare a letter and enclose and forward this communication by today’s post to the Police Magistrate at Launceston.  J?B 24 Dec

[William Means footnote [ii] ]

Launceston

12 December 1829

To

His Excellency

The Lieut Governor

Sir,

I have the honor to address you, relative to one of the men (William Means) who I received in Hobarton to accompany me on the exploring expedition, the conduct of this man had been most notoriously bad during the whole time that I have been in the bush, and I was convinced that it is so deeply engrained within him, that there is not the slightest probability of a change, he has given me much trouble, and seems ?????? to perservere in his determination to render himself as little useful to me as possible, besides I am apprehensive that some serious occurrence will happen before I shall have completed the expedition, if he continues till that time to accompany me: he has already presented his musket at one of the other men, and I have no doubt would have shot him at the moment, had his gun been prepared, but having to take off the case that protects the locks from the leather the weapon was wrested from him just as he was presenting it, he has also mentioned to the other men…

P98

His intention to “make away” with me, if I get him punished for his gross conduct, however such threats as these I would endeavour to guard against but he has expressed to me his determination to render himself as little serviceable? As possible, and his language from morning till evening is much disgusting which he persists in, soley to annoy me, thinking it will induce me to return him to the Public Works, I applied this morning to the Commandant here, to ask his sanition? To have the man changed, which he refused without particular order from Hobarton to that effect – I would have gone on without the man, if I could have done with less than 3 men, but as ??????, I am necessitated to take him again with me. I confidently hope that Your Excellency will be pleased to allow me to have this man changed, and if an order to that effect be forwarded to the authorities at Launceston I have a friend on this side who will recall the man and send him to meet me the next time I penetrate to the southward? Whom I shall gladly send Means in.

When I arrived here my men were wholly

[Left margin]

Should not this man W Means whose conduct seems to have been so atrocious to be punished in some way? If he is simply returned to the Public Works which he desires I will be a sort of reward for this misconduct?  R?B  23d Dec.

P99

Destitute of trowsers and shoes, I applied to get them some from HM Stores here, but the Commandant refused my application in consequence of his not having been informed that I was on Public Service; to prevent delay, I purchased these articles for the men and tomorrow I shall proceed to the interior to continue my pursuit.

I have the honor to be

Your Excellency’s

Most obedt and humble servant

T.Lewis

“Memo” Let for Geo Arthur (in pencil)

Inform the Commt at Launceston that I will approve of William Means being exchanged for another man at Launceston and of slops being supplied to the Lewis’s party

23 Decr

EG?

P100

Unfortunately, Mr Lewis has not complained of this man, as he should have done, to the Police Magistrate, and it would be improper to punish him without his being heard in his defence. This letter may be sent to Mr Lyttleton who will as far as he is able to do so enquire into the subject “WM Means” when ?????? ?????? ?????? Public Works was I think in the chain Gang, and, if so, of course, he should be returned to it. The Asst Principal Supt in Launceston must supply Mr Lewis with the best man he can find who is disposable.

23 Decr

EB?

Ad???d 25 lashes and to be returned to the Chain Gang until his nature? Of humfortatic? Impairs? In April next.

15 July W Lyttleton

15 Febryary 1830

Thomas Lewis

V

WM Means

Decided 16th/2/30

P101

Sep 1829 [in purple pencil]

The information and complaint of Thomas Stewart of Launceston in Van Diemen’s Land CARPENTER taken upon oath before me, one of his Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, this twenty third day of September in the Year  of our Lord One Thousand eight hundred and twenty nine which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):

On Friday last the 18th instant I lost a pair of spectacles my property from my trowser pocket I do not know where I lost them I was tipsey at the time on last Sunday afternoon I saw John Bryant I told him I had lost my spectacles he said he knew where he could get me a pair for seven shillings and six pence I said I have got no money but I will give you this pair of trowsers for the spectacles and I pulled  a pair of new corduroy trowsers off my person and gave them to him Bryan was then a little tipsey and he drank some more and kept the trowsers for about an hour, he said it would be time enough tomorrow to get me the spectacles and I was afraid of losing my trowsers and informed district Constable Dell of the circumstance

P102

Bryant did not say the spectacles he could get for seven shillings and six pence were the same I had lost he did  not tell me where they were, he was not with me when I lost them.

Rex v John Bryant

Fraud

Dismissed 24 Sept 1829

P103

The information and complaint of John Christie of Perth in Van Diemen’s Land YEOMAN taken upon oath before me, one of his Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, this twenty second day of September in the Year  of our Lord One Thousand eight hundred and twenty nine which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):

Yesterday I came into town with a Load of Wheat I arrived in Town about 12 o clock, I delivered the Wheat to Mr Field and then took the cart and Bullocks to W Houghton’s Public House in Brisbane Street, and put them in the yard, and then went in and got my Dinner, I then went out on Business and bought two pairs of Trowsers at W Cameron’s Shop and gave them to John Barrett. I was out a considerable time it was between 8 and 9 o clock when I returned to  Houghton’s, Mr Houghton told some of his Servants to take my Cart and Bullocks into the Street which was done. I then went into the Yard and not seeing the cart there I enquired for it, the Prisoner (Oliver Turner) said he would shew me, I went into the Tap Room & a Young Man who I have heard is Mr Houghton’s son gave me the Trowsers I had purchased at Cameron’s, I then went to the Front of the House accompanied by the Prisoner, the Cart & Bullocks were standing in the street, John Barrett was in the Cart he was going home with me, I went up to the Tail of the Cart the Prisoner was with me I put the Trowsers into the cart close by Barrett and went up to the Bullocks to drive  them Home as I was turing the leading Bullocks round I heard Barrett call out “Holloa bring them Trowsers back”.

P104

I instantly turnd my head and saw the Prisoner with the Trowsers under his arm running across the street toward Houghton’s Premises, I did not perceive whether he went into the House or thro’ the gate into the Yard I went into the House and enquired of Mr Houghton for his Man he said he did not know where he was, I told him that I had lost two pair of trowsers our of the Cart and that I had seem Turner take them to his Premises. Mr Houghton did not enquire for the  man I did not hear him call for any Person. I then went in search of a Constable. Constable Dell went with me we went into the Tap Room at W Houghton’s where the Prisoner was then sitting. I told the Constable that was the man who took the Trowsers he took him in Custody, I have never seem the Trowsers since whiles the constable was in the Tap Room Young Mr Houghton came in and asked if Bail would be taken for the man, it was refused. I asked Houghton if he had seen anything of the Trowsers he said he had not.

John Christie (signed)

Sworn before me

James Gordon (signed)

P105

Rex  versus Oliver Turner

Felony

Decided 10th Oct 1829

P106

The examination of JOHN BARRETT of PERTH in Van Diemen’s Land taken upon Oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, the 24th Day of September in the Year of Our Lord One thousand eight hundred and twenty nine, in the presence and hearing of OLIVER TURNER

Duly charged before me, upon Oath with

Stealing  two pair of corduroy trowsers on the night of the 21st day of September instant from the cart of John Christie the property of the said John Christie.

Which said Deponent on his Oath aforesaid, deposeth and saith as follows (that is to say):-

On Monday last I came to Launceston with John Christie I had my dinner with Christie at Mr Houghton’s Public House after I had got my dinner I went with Christie  to Mr Cameron’s Shop where Christie bought two pair of corduroy trowsers we returned to Mr Houghton’s Christie gave me the Trowsers and I have them to Mr Hoppy’s man whose name is George I do not know his other name. I gave him the trowsers to take care of for me and then I went into the cart to take care of the things which were in the cart, a considerable time after this Christie came to take the cart and things home, Christie and Turner came up to the Cart and drove it out of the yard. Christie…

P107

Went into the House again and shortly after returned and I saw him put the two pair of Trowsers into the cart this man was standing by the Bullocks at the time and Christie took his whip to drive on, when Turner said now you are all right you may drive on, and he came to the back part of the cart and snatched out the Trowsers I saw him, and called to him holloa bring them Trowsers back he run away and went into the Yard of Mr Houghtons Public House I remained in the Cart and Christie went into the House to look for the man, I have not seen the Trowsers since

John X Barrett

his mark

Sworn before me at Launceston

On the day and year above written

James Gordon

P108

Plan of Mr Dry’s House

[6 x shorthand symbols – means ELPHIN??]  Farm

4 room? Home – as Rectangle -  shown with A, B,C drawn on it

p109  [Richard Dry bio  [iii]]

The information on oath of Mr Joseph Archer of Pansanger who deposeth and saith I went to bed about eleven o clock on the night of the ninth instant with Mrs Archer in the House of Mr Richard  Dry at Elphin  near Launceston the room is under the roof of the dwelling house, and the door of that room opens into a veranda, which leads from the front door of the House to that Room, the verandah is separated from the yard in front of the House by a Railing only, there are two windows in that room, which have outside shutters fastened by Iron Bars outside and Bolts which pass through those Bars into the room, and are generally fastened with Keys put through the ends of the Bolts, when I went into the Room both the sashes were down, and the shutters of Both windows closed to the shutters of the window nearest the

P110

Door were fastened s I have described, I took the key out of the Bolt and shoved the bolt outwards, then opened the sash of the window and pushed one shutter about two inches from the sash for the purpose of administering the light into the room in the morning I then closed down the sash, the door of that room was latched only, the outer handle of the latch being broken off which presented it from being opened on the outside without great difficulty.

I was awoke about half past twelve o clock and suspected there was somebody in the room, I jumped out of Bed and the Room being dark I threw the Door open, but even then could not see distinctly what was in the room, I went towards the right hand corner of the room from the door, and immediately I got to the end of the room, I saw a person pass rapidly to the door and out of it

P111

I followed very close to that person I think within fifteen paces of that person, until it reaches the entrance into the smaller enclosure in front of Mr Dry’s House, but I was nearer to that person when under the verandah, the person proceeded from thence along the New Road I followed that person some distance on the New Road  but could not overtake that person, it was starlight and although it was very dark in the room, the saw the outline of the figure of that person and did not lose sight of it until I stopped in the new road and by the starlight I plainly distinguished the height figure and color of the clothes and hair, it appeared to be a tall man, of about the same size and height of William Richards his hair of the same colour, and his jacket of the same colour as that now work by William Richard, he was without a hat when he ran across the room, he made no noise I could

P112

Not hear any footsteps. I returned to the bedroom, the sashes of both windows were down, the window shutters which I had partially opened before I went to bed were quite open and the bolt which I had partly shoved out of the hole through which it passed into the bedroom was entirely our and the curtain of that window was in a different position from that I left it in when I went to bed and appeared as if it had been drawn violently out of its place I lifted up the lower sash of the window and found that it could be put up and down again without making the lease noise. Mr James Cox’s shewed me a pair of laced leather quarter boots and a straw hat that night which he marked in my presence by an X and cutting a hole in the drown of the Hat, this is the Hat now

P113

Produced by District Constable John Dell.

/signed/ Joseph Archer

Sworn before me at Launceston the eleventh day of February 1829 and read to the Deponent in the presence and hearing of William Richard

Sd  PA Mulgrave

The information on oath of James Cox Esquire who deposeth and saith I slept at the House of Mr Richard Dry at Elphin last night, about one o clock this morning I was called up and in front of a room occupied by Mr and Mrs Joseph Archer I found this pair of laced quarter Boots and this straw Hat close under a window the shutter of which were open, the sash was closed down

P114

But not fastened, I marked three Boots and that before  gave them our of my possession I saw them put nto a storeroom in Mr Dry’s House last night and I saw them there again this morning I am positive these are the same hat and Boots – These are the marks I put upon the Boots and this is the Mark I put upon the Hat

/signed/ James Cox

Sworn before me at Launceston this tenth day of February 1829

signed PA Mulgrave

p115

The information on oath of mr William Lyons who deposeth and saith I am the Brother in law of Mr Richard Dry and assist in superintending his agricultural business William Richards has been assigned servant to Mr Dry about three years and chiefly employed at Belle Vue near eighteen miles from Mr Dry’s chief residence at Elphin about two miles from Launceston; I was at Elphin last Monday night the ninth instant I was alarmed about midnight and was shewn a hat and a pair of Shoes by Mr James Cox, I immediately recognized the hat which I had recently seen William Richards wear at Bell Vue, it was a Broad plaited Straw hat with  piece of Black silk or Ribbon round it and part of the Brim broken off I had observed that broken piece several times at Belle Vue this is the Hat and these are the Shoes that were shewn me by Mr Cox on Monday night. I am certain that I have seen William Richards wear that Hat repeatedly, and immediately after Mr Cox had shown it

P116

To me I went on Horse back to the Men’s Hut at Bell Vue where Richards generally lived with others of Mr Dry’s servants. I arrived there about an hour and a half before day light, I required of Charles Roberts who usually slept with Richard where be Richards was, Roberts said that he went to bed with him but did not know what time he got up again or where he was gone, I searched the Hut but could not find Richards or any Hat or shoes that I knew belonged to him, I searched all the places at Belle Vue where any of the men usually slept, but did not find Richards, I watched until abut ten minutes before sunrise and then saw Richards coming in front of the House and about a quarter of a mile from it in the nearest direction from Launceston to the Hut where be usually slept, he sometimes walked and sometimes trotted

P117

As he came towards the House, I met him accompanied by Mr John Simpson about a hundred yards from his Hut he was without Hat or Shoes he did not appear much heated but seemed very much confused when we went up to him Robert Brand was also with me and said to Richards we are here before you, Richards replied what do you mean, I then said to Richards do you recollect being in Mr Dry’s House last night * he made no answer but appeared much confused, his feet and toes on the sides and points appeared white as if he had been walking a distance through grass, I examined his feet particularly but saw no scratches upon them, he then wore a white pair of trowsers a drab woolen jacket and waistcoat a checked shirt and a yellow handkerchief round his neck. I then took Richards to the House and said to him you must have walked very quick to be here at this time of the morning he replied what do you mean I

P118

I said oh you do not recollect being in the house then last night he replied oh never mind they can  but hang me, I am not sure if I said in the House or Mr Drys House, I cannot be certain which, Richards could have no business to leave Belle Vue that night, I was there full an hour and a half before he returned, and the day had then broken about twenty minutes. I now that Mr Joseph Archer and his wife slept in an end room in Mr Dry’s House at Elphin on last Monday night, and I also know that some of mr Dry’s grown up daughters frequently slept in that room and I also know that those young ladies have frequently slept in that same room when Richard has been at Elphin, and it is most probable he might have known where they slept. The plan now shewn me is a correct description of the front of Mr Dry’s House at Elphin, the

P119

Front yards is enclosed by paling leaving five gates all which gates are generally closed at night the room marked A is the room in which Mr and Mrs Joseph Archer slept on the night of last Monday. B is a verandah in front of the House, closed in front by a railing and Gate in the Centre which is always shut at night. We were in the  House at Belle Vue when we first saw Richards approaching his Hut and concealed from his view until he got within about a hundred yards of the garden paling when as we went towards him he stopped sat down and pretended to be easing himself, but I am sure he did not ease himself before he got up, I do not think he so sat more than two minutes I am not certain if any person told him to get up or not it appeared to me tht he stopped the moment he saw us.

/signed/ Williams Lyos

sworn…

p120

before me at Launceston the thirteenth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

Signed PA Mulgrave

The information on oath of Mr John Simpson who deposeth and saith I am overseer to Mr Richard Dry at Belle Vue, William Richards was Mr Dry’s assigned servant and employed under my order on the ninth instant I saw him reaping in a field about half past five o clock on the evening of that day he wore a straw hat which was broken in the Tim in several places it was a very old hat and had a strip of something Black round it, I know he had two pair of quarter Boots, one pair new and another pair he had worn some time and

P121

I think I should know them again,  if I were to see them one of them had a crack in it and one of them had the tie broken his Boots were longer than any other man’s Boots on the farm they were long and rather narrow.

I did not give him leave of absence on Monday, he ought not to have left the farm, without getting a pass from me. The next morning I was in the House at Belle Vue with William Lyons and Robert Brand just before sunrise, when I saw Richards about a quarter of a mile off coming in a direction from Launceston  towards his Hut, he sometimes ran and sometimes walked when he was between one and two hundred yards of the garden fence we went out of the House and as we were going round the fence he stopped I supposed because he saw us and he unbuttoned his trowsers and stooped down as if to ease himself, we went up to him I said where have you been all night leaving the farm you

P122

Have been about some bad action, he looked hard at me but said nothing, he seemed frightened William Lyons and Robert Brand spoke to Richards but I did not pay any attention to what passed, Richards was without shoes hat or cap.

This is the hat Richards wore on last Monday week these are Richard’s Boots, I know them by the form and size and the particular way in which they are turned up at the toes it was an older pair that I described in the former part of this information I have not the least doubt in the world tht these are a pair of Richard’s Boots.

/signed/ John Simpson

£100 [in margin]

p123

Sworn before me at Launceston the seventeenth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

/signed/ PA Mulgrave

The information on oath of Charles Roberts an assigned servant to Mr Richard Dry who deposeth and saith I lived at my master’s farm at Belle Vue on Monday the ninth instant, William Richards had slept with me every night for about a month before that night, I went to bed just at dark that night. Richards was not then in bed, I slept until I was awoke the next morning by Mr William Lyons and from the appearance of the Be and Bed clothes I did not that that any one

P124

Had been in bed with me.

I last saw Richards on that ay about sundown, in the Harvest field, I got my supper in the Hut that night with the rest of the men, Richards was not there I must have seen him if he had been there, he wore an old straw hat that day, I do now know if it was broken in the Rim or not, I do not know what Boots or shows he wore on that day, I should not know the Boots he generally wore if I were to see them I do not know if this is his hat or not I do not know if these are his Boots or not.

Signed Charles Roberts

His X mark

Sworn before me at Launceston the seventeenth day of February 1829 and read to the Deponent in the presence and hearing of William Richards

Signed PA Mulgrave

P125

The information on oath of Robert Brand free and overseer to Mr Richard Dry who deposeth and saith I went from Elphin to Belle Vue with Mr William Lyons last Tuesday morning we arrived there about an hour and a half before sunrise, we mustered Mr Dry’s and searched the premises William Richards ome of M Dry’s assigned servants could not be found, a little before sunrise I saw Richards about a quarter of a mile from the House at Belle Vue coming across the grass in the nearest direction from Launceston towards his Hut William Lyons Mr Simpson and I met him near the garden fence, about a hundred yards from his Hut he ran part and walked part of the way, he was without Hat or Shoes, he wore white trowsers a drab woolen jacket and waistcoat a striped shirt

P126

And a yellows handkerchief round his neck, we were in the House when we first saw him in a position where he could not see us, and we remained there until he was about a hundred yards from the Garden Fence and as soon as it was possible he could hear? See no? us, he stopped and unbuttoned his trowsers and sat down as if to ease himself we went up to him, whilst he was in that position and he so sat about two minutes altogether when he got up and buttoned his trowsers no one told him to get up I took particular notice of the place where he sat and I am sure he did not ease himself, I asked him where his hat and Shoes were, he said I do not know, I said to

P127

Him Billy you have made very good haste, I did not expect you here so soon, he replied, I do not know what you are talking about, what do you mean, I do not think he appeared much confused, I did not examine his feet, we took Richards to the House and Mr William Lyons said some thing to him which I do now exactly recollect but I know Richards replied, I do now care anything about it, all they can do is to hang me, Richards did not appear heated, it was a cold morning I thought from his countenance he was a goo deal fatigued, he appeared like a man who had been up all night, I never took any particular notice of his Hat and shoes before that day, we took him to Mr Ashburner’s that forenoon , and on the way I asked Richards if he was not tired walking all night to, he replied no I can walk for eight and forty hours any time I said how come you to take in into your

P128

Head to go to mr Drys, he has always behaved very well to you, he replied it is a damned put up job altogether.

Richards returned from the House at Belle Vue to his Hut, he took a pair of shoes from under his bed, which he said were his, they were quite new and had never been worn, he soaked them in water before he put them on to go to Mr Ashburner’s I am sure those shoes were quite new.

/signed/ Robert Brand

Sworn before me at Launceston the twelfth day of February 1829 and read to the Deponent in the presence and hearing of William Richards.

/signed/ PA Mulgrave.

P129

The information on oath of Mr Henry Hinksman Police Officer who deposeth and saith, on the morning of the tenth instant, I went to the place where  the road from Belle Vue joins the main road leading from Norfolk Plains to Launceston I waited there until day break.

I believe I waited there about an hour and then perceived the prints of two naked feet going from Launceston towards the junction of the roads but I did not leave those footsteps along the road leading to Norfolk Plains beyond the junction nor could I trace them along the road leading to Belle Vue from that junction for this latter road was more grassy than the main road, the first print of naked feet was about ten yards from the junction of the road, the prints were wide apart as if made by a tall man running I traced these naked footsteps at intervals unto the top of the Sand Hills and I traced the same prints of naked feet along a bye road leading to Elphin to the top of a Hill, I then proceeded in a direct line for Elphin got over a fence into Mr Sipson’s paddock where

P130

I found the prints of one naked foot, I measured at least twenty of the prints of naked feet between the junction of the roads and Mr Waddle’s paddock, I also measured the print in Mr Waddle’s paddock and that in Mr Cimpson’s paddock they were all of the same length and breadth and must hav been made by a person ging from the direction of Elphin and the prints in Mr Simpson’s paddock was about three hundred yards from Elphin this piece of tape is the exact length of the prints of those naked feet from the extremity of the heel to that of the great toe – it measured exactly eleven inches and I think must have been rather shorter than the feet that made those prints as they were made in soft dry places where the sand had fallen in and this piece of tape is the breadth of the widest past of those prints, it measured exactly three inches and seven eighths, I have measured the naked feet

P131

Of William Richards with those tapes and they are of exactly the same length and breadth as the prints traced.

About a quarter of a mile from the junction of those roads I saw the toe? Point of a footstep made by a shoe by the side of the main road the footstep was leading towards Launceston, I did not measure it but I perceived it was the print of a right shoe. The sole of which was without nails and the Heel had two rows of small nails about half round it and one large nail on the water side of the heel. I saw another footstep about quarter of a mile before I got out of the road heading from Norfolk Plains to Mr Alexander Waddle’s House I measured it, it was a little longer and a little broader than that tape, the footstep was towards Elphin, there were no marks

£100  in margin

P132

Of mails in the sole of the shoe that made that print but the same marks of nails in the Heel as in the first print made by a shoe, there was also the prints of a left shoe near to this as if made by the same step, that shoe did not appear to have any nails in the sole, there were marks of nails in the Heel but they were indistinct, this shoe which I have now marked if of the same length and breadth in the sole and has the same rows of nails in the Heel as the first and second prints of right shoes I have mentioned it has no nails in the sole, it would be called by some persons a laced quarter boot, the past place where I saw the prints which I believe was made by this shoe was about three quarters of a mile from Elphin and in the direct road….

£100 in margin

p133

from Belle Vue to Elphin.

/signed/ H Hinksman

Sworn before me at Launceston the twelfth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

Signed PA Mulgrave

The information on oath of Alexander Cumberbeach a District Constable who deposeth and saith, this straw hat and this pair of laced quarter boots I received from Mr Joseph Archer on the morning of Tuesday the tenth instant

Signed Alexander Cumberbeach

His X mark

Sworn before me at Launceston the twelfth day of February 1829 and read to the deponent in the presence and hearing of William Richards.

P134

The information on oath of Stephen Streatford an assigned servant to Mr Richard Dry who saith, I resided on my master’s farm at Belle Vue on last Monday week the ninth instant William Richards had previously slept in the same Hut with Henry Roberts myself and others of Mr Dry’s men, he had slept in the same bed with Roberts, Richards left work that evening the same time I did about half an hour before sun down, he went towards the Hut where we usually slept, I went to the kitchen with Roberts and others of the men where we got our suppers, Richards did not come there to supper I went to the Hut about eight o clock, Richards was not then in the Hut, I must have seen him if he had been there, I did not see him

P135

Until the next morning when he was brought there by William Lyons.

Charles Roberts James Davis and myself had shoes served? Out to us on the first of last January of the same size as those served out to William Richards, there was only one pair served out to William Richards  * I do no know what the shoes he had on that day I know that on last Monday week Richards wore a straw hat which was broken round the rim I have seen him wear that Hat several times, I do not know if there was anything round that hat on that day or not. I was not awake after I went to bed on the Monday evening until I was awoke by William Lyons I do not know that any of Mr Drys men were absent from

P136

The farm on that night we were mustered the next morning and all were present but Richards, he returned about half an hour after we  were mustered.

/signed/ Stephen Streatford

Sworn before me at Launceston the twentieth day of February 1829 and read to the deponent in the presence and hearing of William Richards

Sigd PA Mulgrave

P137

Rex

Versus

William Richards

Sent originals to

Attorney general

6th July 1829

Busnrangers

Wm Richards

J Archer

P138

July 1829 [in blue wax pencil]

Van Diemen’s Land

To Wit

The information and complaint on oath of Mary Barrett the wife of Henry Barrett who saith I live with my Husband at Western arm on the left Bank of the Tamar about Seven Miles from George Town Between three and four o clock on Monday three weeks /the 8th of June/ I was in my Husband’s House and Joseph White and my Husband were employed in wheeling fruit from the house down to a Bridge near the River to load a Boat in order to proceed to Launceston, when I heard some one scream out I looked out through the window and saw my husband and White running towards the House from the Bridge and at the same time I saw two other men following them they were running about fifteen yards behind my husband and White they were both armed one of them had a double barreled piece this man was about five feet ten inches high the other was a short thick man the tall man pointed the double barreled Gun at my husband and fired it off I caught up a musket and a fowling piece which were standing in the House they were both loaded I ran out with them and as I was running to meet my Husband I heard two other shots fired and I heard a whistling noise…

P139

Like the passing of a ball near my head which knocked off a branch from a wattle tree near which I was passing the two strangers then had both their Guns pointed towards Barrett they were about thirty yards from Barrett at the time they fired and I heard the tall man say you bloody old bugger I will blow your bloody head off I did not hear the other man say a word I gave one Gun to Barrett and the other to White and the two strange men ran back crossed the bridge and went up a Hill towards the left hand, my husband and White pursued them a little way and then stopped near the Bridge, I went down to them and saw the men on the side of the Hill the tall man said old man I am sorry we have fired we did not come to take anything from you we came to bring your rifle and two pounds of the Money and your new clothes which we took away when we robbed you before, at this time I was not more than fifteen yards from the strange men I stood and looked at them several times during that time, I had a plain view of their persons, the tall man appeared young about thirty years of age, he had high cheek bones, large whiskers, and  curly hair, which was dark brown as well as his whiskers, his hair curled a good deal under the rim of his hat

P140

Which was a good black one with a high crown, he wore fustian trowsers, a black cloth waistcoat, a black handkerchief and a very narrow striped shirt, he was in his shirt sleeves, the shorter man had his face blackened, he had a round face, small features, his neck and hands were also blackened, he wore a pair of ragged blue trowsers, a blue jacket, I did not see his waistcoat, the lining of his jacket hung down below the bottom of the jacket he wore a red and white cap with the white side outwards, the bottom of it was turned up and shewed the red part of the cap, I did not perceive if he had any whiskers, I do not know the colour of his hair, I had not so good a view of him as I had of the tall man, about the first of last April on a Sunday morning the first Sunday after the Races at Launceston I was in the House of George Morgan in Launceston where I saw a tall man whose name I did not know in company with Bernard Passgrove, the day following I proceeded home and arrive there the following Wednesday and I found that our House had been robbed of nearly all its moveables amongst which was a musket which I should know again if I was to see it, I am positive that the tall man I saw near my Husband’s House on the eighth of June and who fired off a

P141

Double barreled Gun at my Husband on that day is that same man I had previously seen in George Morgan’s House in Launceston about six weeks after I had seen him in Morgan’s House, I was again  in Launceston and enquired of Mrs Morgan who the tall man I had seen with Passgrove at her House was, she said his nae was John Cairns and lived over the water and rented a Farm of David Williams, I did not see that man from the time I saw him in Morgan’s House until I saw him fire at my Husband on the eighth of June, I have not seen him since. The short man I saw near my husbands House on the eighth of June with his face blackened  was about the same size and height as Bernard Passgrove and his features very much resembled those of Passgrove be was a smart made man, rather stumpy and round shouldered and I verily believe that the man who had his face blackened near my husband’s House is the said Bernard Passgrove.

/signed/ Mary X Barrett

her mark

Sworn before me at Launceston the first day of July 1829

/signed/ H Simpson

p142

The further information on oath of Mary Barrett who saith I have just seen several men at the police Office and amongst them John Cairns and Bernard Cosgrove and I swear positively that John Cairns is the tall man I have described in my former information as having fired at my Husband on the eighth of June and Bernard Cosgrove is the man I yesterday described by the name of Passgrove, he now says his name is Barnard Cosgrove I cannot swear positively that he is the man I saw with Cairns near my husband’s House on the eighth of June but he is very like that man, he has round features, his thick neck his height and size are just like that of the man I saw with Cairns I have no doubt that he is the man I saw with Cairns on the eighth of June and had his face blackened

/signed/  Mary X Barrett

her mark

Sworn before me at Launceston the second day of July 1829 and read over to the Deponent in the presence of John Cairns and Barnard Cosgrove as well as her former information and complaint.

/signed/ H Simpson

p143

The information and complaint on oath of Henry Barrett who saith I live at York Town about six miles from Georg Town, on a Tuesday about the beginning of last may my House was robbed by two armed men when they took away a musket, a Rifle, a double barreled Pistol, a Horse pistol, and several articles of Bedding, wearing apparel and Provisions. I was in their company three hours o that day, and I should know the men again, one of them was a tall man about five feet ten inches high, the other was about five feet five inches high, his face was blackened I am sure I should know him again as well as the tall man who was not disguised. On a Monday in the early part of June I was attacked by two armed men on a Bridge about a hundred and sixty yards from my House. Joseph White was with me on that day and the armed men ran towards us and called out stand, we ran towards the House they fired three shots at us as we retreated neither of us was wounded, I heard one of the Balls whistle the men were within fifteen yards of White when they fired the first shot, they were within five yards of us when they drove us off the Bridge, I saw their faces quite plain

P144

One of them was a short man he had his face blackened the other man was not disguised. I am sure they are the same two men who robbed my House on or about the beginning of May, and I should know them again if I were to see them, I have had the musket thirteen years which they took away, it is an old musket, a very remarkable one, it is only half stocked, there was a piece of copper upon the end of the stock an round the barrel, and there is a crack in the stock at the head of one or both of the screws which fasten the Lock and another cracked the but end of the stock, I have seen seven men this morning at the Police Office neither of them are of the men who robbed my house or fired at me as I have before stated I am sure this man Bernard Cosgrove is not the short man ho had his face blackened at my House when it was robbed and when I was fired at one the 8th of June. I never saw this an Cosgrove before in my life the man who had his face blackened was of a fair complexion this man Cosgrove is very dark, he had carroty whiskers, this man has black ones and is not so stout as the man who robbed me and fired at me  that man had a very long nose, this man has a short small nose.

P145

This musket is mine, and the same that was stolen from my House in last May.

/signed/ Henry Barrett

his X mark

Sworn before me at Launceston the ninth day of July 1829

/signed/ JC Simpson

[on angle in margin]

a musket lately from a man who attacked Mr Hobler on the 15th June [see Mr Hobler’s information ] s??? to the witness.

The further information on oath of Henry Barrett  who saith neither of the men now present are of the men who robbed my House and fired at me I am sure this man John Cairns is not one of those men.

/signed/ Henry Barrett

his x mark

Sworn before me at Launceston the ninth day of July 1829

/signed/ JC Simpson

Van Diemen’s Land

To Wit

The information on oath of George Hobler Esquire of Killafady wo saith about six o clock last evening, I was sitting alone at the table in my sitting room, reading a newspaper, at the time two doors were open one leading into a kitchen…

P146

The other near it opening into my bedroom, I heard some person come into the room from the kitchen but as there was much traffic too and fro on account of the children being ill with the hooping cough, I took no notice, in a moment a strange voice addressed me “if you stir I’ll shoot you” I repied whats that and looking across the table, saw a tall man standing opposite me presenting towards me a musket with the bayonet fixed, who repeated “if you move I’II shoot you” very well I replied I won’t, don’t frighten the children at the same time I slowly rose from my chair the stranger then said, come out, come out, I say I replied I will, the then, walked backwards towards the kitchen door, with his musket presented about three feet from my breast, repeating “come out, come out” I followed him very slowly, and kept edging off – towards the bedroom door with the intention of rushing in there if I had a chance, in a few steps I was opposite the bedroom door to which and this time Mrs Hobler had come from the bedroom I stepped back into the doorway of the bedroom the stranger having backed through the door way of the kitchen when

P147

As I imagine suspecting my motive, he stepped forward again into the sitting room,and lowered his head to his musket, as if in the act of firing, at this instant, Mrs H seized the musket by the barrel and raising it above his level it went off and several balls were lodged in the upper part of the door case about four inches above me head I immediately closed and bolted the bed room door, seized my arms, and coming into the sitting room found he had departed and that Mrs H had bolted the door upon him. [blank space] Having any arms around me, and the family within the bolts, I did not attempt to pursue, extinguished the lights in case any person came to the windows. In am minute more my servant Mr Reed then in the kitchen said they had ran away, I let him into the sitting room to assist me when he said he seized the man as he retreated, but having my little Boy under the other arm he had got from him, leaving his musket behind him – the only expression used by the man who fired, after his doing so, was take that you bugger. [blank space] this is the musket and Bayonet whiles Mulal ? [Michael?] Reed shewed me immediately after the strange man had gone away. One of my men named Trimmings brought me this Hat this morning and said he found it about twenty yards from the kitchen door.

P148

I do not know that I could identify the man who shot at me except by his voice which was very deep and hoarse.

/signed/ George Hobler

Sworn before me at Launceston the sixteenth day of June 1829

/signed/ PA Mulgrave

The examination of Joseph White who saith I am free by servitude and live at the house of Henry Barrett at Western Arm on the River Tamar seven miles from George Town between three and four o clock on the afternoon of last Monday the 8th of June Henry Barrett and I were employed wheeling fruit from Barrett’s House to the River side intending to come to Launceston in Barrett’s boat which was laying by the Edge of the River when two strange me came running towards us with Guns Pointed at us and they cried out stand Barrett and I ran from them they fired three shots a Ball from one of the Guns whistled close past my head Mrs Barrett was in the House we called out to her to bring out the piece she came out of the House with a Gun in her hand she gave me the Gun which I handed to Barrett and ran into the House and got a musket and returned to

P149

Barrett who was near to the River guarding the Fruit – the fruit was on a bridge which leads across a creek and on the opposite side of the creek out of gunshot I saw the same two men who had fired at us one of them was a tall man the other was a short stiff man, the tall man called to us and said we do not want to distress you we want to bring back a rifle piece a musket and some new clothes which we took from your House before, Barratt’s House had been robbed by two men about nine weeks ago I said to them what is the use of palarvering in that way see how you have served him (Barrett) before you marched him a Prisoner and tied him up, they said good bye take care of your head old man for a while, and they then disappeared it was then about five o clock the tide was flowing our boat was in a shed on the opposite side of the Creek to the House a pair of paddles were in her but no sails. Barrett and I took the fruit up to the House and between seven and eight o clock Barrett went down to the Boat shed came back and said his Boat was gone.

When I first saw the two men I was on the Bridge that leads over the creek they were on the side of the creek opposite

P150

The garden the first word they said was stand they were then about twelve yards from us they then both pointed their Guns at us Barrett and I ran towards the House they crossed the Bridge and it was then they fired three shots after us the tall man had a double barreled Gun I had seen Barrett’s boat in the Boat Shed about two hours before they came after they had fired at us they ran back over the Bridge to the top of the Creek they stopped there and the tall man then said that he was bringing the things back that he had taken away before neither of the men produced a rifle of any thing else, Barrett then had got a Gun and I had a musket and we had ammunition we did not go after them me, I did not see which way they went when I lost sight of them, I never saw either of them before, I should know the tall man again if I was to see him he was a slender man about five feet nine or ten inches high  I was not near enough to see his Eyes or the Colour of his Hair he had round features, he had no jacket on he was in his shirt sleeves and had a waistcoat and Trowsers the colour of which I do not know he wore a good black hat, the short man wore a…

P151

Blue jacket and dark coluored trowsers and a red cap turned inside out his face was blackened, the tall mans face was not blackened I am sure they were within twelve of fifteen yards of us when they fred at us neither Barrett or I was hit by the shot they fired, we did not go down to the Boat until after Dark when they disappeared it was between three and four o clock, it is about four Miles from Barrett’s House to Captain Townsend’s House neither of the men had a knapsack Barrett started from his House about eight  o’ clock and said he was going to report what had happened at George Town Barrett and I did not go after those men we stopped to guard the House until after the Boat was gone the Boat shed is about seven Hundred Yards from Barrett’s House and cannot be seen from it Barrett has two Dogs they barked two hours or two hours and a half after the en were gone Barrett and I went out to see what they were barking at but could see no one. Barrett did not return home until one o clock the next day I was in the House all night with Mrs Barrett and her children we did not go to bed until between twelve and one o clock we were not disturbed during the night – I had only one musket in the House, I dare say the men were in sight of Barrett and me for an hour they stood on the top of the Hill opposite the Bridge during

P152

Which time Barrett guarded the Fruit we had taken down to the Beach and I wheeled up the fruit again to the House I went three times from the Beach to the House whilst the men were on the Hill they said nothing to me the Fruit was four or five hundred yards from the House I took my musket with me backwards and forwards as I wheeled up the fruit Barrett had only one Gun with him whilst he was guarding the Fruit and he knew the men were on the Hill all the time I think they were a quarter of a mile from the place where Barrett was guarding the fruit whilst on  the top of the hill, the men might have got to Barrett’s House whilst I was busy with him about the Fruit if we had lost sight of them, they kept in the same place for an house, neither Barrett or I fired at the Men.

/signed/ Joseph X White

his mark

Taken before me at Launceston the eleventh day of June 1829

/signed/ PA Mulgrave

p153

The examination on oath of Joseph White was saith I recollect the day on which two men came to Henry Barrett’s premises and fired at Barrett and me one of them was a tall man and the other was a short man I have described them in a former information I should know the tall man again if I was to see him I should not know the short man I think it was on the 8th of June I was not at Henry Barrett’s House when it was robbed before I am sure neither Bernard Cosgrove or John Cairns were of the men who fired at me and Barrett one the 8th of June.

/signed/ Joseph X White

his mark

Sworn before me at Launcesotn the 22ndday of July 1829

/signed/ JC Simpson

The examination on oath of William Adams /free/ who saith I know John Cairns within  a quarter of a mile of him I recollect seeing John Cairns on Whitsun Monday the day before Sunday

P154

Was a holiday and we kept it I saw him at his own farm about nine o clock and I saw him again in the evening in his House within about an hour or sundown I recollect that Monday because we kept the day before as a holiday I never sw John Cairns wear a Black waistcoat I never saw him have a double barreled Gun I have seen him have a musket it was an old one only half stocked I have fired out of it two or three times I should know it again if I was to see it

/signed/  William Davis

his x mark

Sworn before me at Launceston the twenty second day of July 1820

/signed/ JC Simpson

The examination  on oath of  Mary Morgan who saith I am the wife of George Morgan and reside in Launceston, I know Mary Barrett  she was at my House on the first Sunday after the races, I think in last April, she came there in the morning about Breakfast time, John Cairns and Bernard

P155

Cosgrove were at my House at the same time, I saw Mrs Barrett about three weeks or a month after that, it might be more but it was the first time she came up to Launceston after the Races she said she had been robbed, she asked me who the tall man was she had seen in my House with Cosgrove, on the Sunday morning after the Raves, I told her his name was John Cairns and I believe I told her he lived over the water, I cannot recollect that I told her he rented a Farm of David Williams.

/signed/ Mary X Morgan

her mark

Sworn before me at Launceston the second day of July 1829 and read to the deponent in the presence and hearing of Bernard Cosgrove and John Cairns

/signed/ JC Simpson

The examination on oath of Absolom Harris who saith I am a convict and have charge of the Government Garden at York Town, Henry Barrett also lives there, on a Tuesday about eight

P156

Weeks ago two armed me came to Barrett’s House and robbed it of several articles, amongst them was a musket which I should know again, and I should know the two men again if I were to see them, one of them was about five feet ten inches high, three and twenty years old, full faced, with small whiskers, he was very fair in the face, I think I had seen him before but I cannot recollect  when or where, the other man was a stoutish thick man his face was blackened he was about five feet five inches I took him to be about thirty years old they came to the House about two o clock and went away at dusk I talked a good deal to the tall man, and I saw them both very frequently during the time they were at Barrett’s House.

I was in George Town on Monday the 8th of June and when I returned home I understood from Barrett that the same two men who had robbed his house on the Tuesday had fired at him and Joseph White on that day /Monday/

I have now seen five men

P157

In the Police Office and I am sure neither of them were of the men who robbed Barrett’s house as I have before stated the man who had his face blackened had a roman nose, a crooked nose, he was a good deal stouter and thicker than this man /Bernard Cosgrove/ the man perspired a good deal and the black was rubbed off about his chin and the side of his face his whiskers and Beard were of a sandy colour I am sure this is the musket that was stolen from Barrett’s House on the Tuesday as mentioned in the Examination.

/signed/ Absolom X Harris

his mark

Sworn before me at Launceston ths ninth day of July 1829

/sgd/ JC Simpson

The further examination on oath of Absolom Harris who saith neither of these men /John Cairns Bernard Cosgrove/ are of the men who robbed Barrett’s House on the Tuesday mentioned in my information I never saw either of these men before.

/signed/ Absolom X Harris

his mark

Sworn before me at Launceston the 9th day of July 1829

/signed/ JC Simpson

p158

The examination on oath of Henry Brown free by servitude who saith I recollect seeing John Cairns on Whitsun Monday the 8th of June it was a day of pleasure and I drank some Beer with him on that day between nine and eleven o clock I was with him in his House at that time I left him there and went up  the  country there was some heaps of wood burning on his farm on that day and I supposed he had been at work burning off timber I have had no conversation with any one about what evidence I was to give in this case.

/signed/ Henry X Brown

his mark

Sworn before me at Launceston the twenty second day of July 1829

/sg/ JC Simpson

The examination on oath of Phillip Best free by servitude who saith I know Bernard Cosgrove he was working as a Sawyer with me about three miles from Launceston from the middle of may until the middle of June he

P159

Was never about from his work at that place a ay and a night during that time on Whit Sunday he went out and dined he came back about an house before sun down he was not absent on the next day Monday

/signed/ Phillip Best

Sworn before me at Launceston ths twenty second day of July  1829

/sgd/ JC Simpson

The examination on oath of James Eaton who saith I know Bernard Cosgrove he worked at the same plece that I did from the middle of May until the middle of lat June I do not recollect that he ever slept a night away from that place I recollect Whitmonday he asked me for some Money I had none and he was at work with me to whole of that day It was within three miles of Launceston near Mr/?/s Townsend’s where we were at work on Whit  Monday.

/s/ James Eaton

his X  mark

Sworn before me at Launceston the 22nd day of July 1829

/sg/ HC Simpson

p160

22nd July 1829

Rex versus

John Cairns

Bernard Cosgrove

Original forwarded

1st march 1830

Tried at the June sessions 1830

[bushrangers in pencil]

p161

[sept 1829 in blue wax? Pencil]

Van Diemen’s land

To Wit

The information on oath of Donald McLeod Esquire Settler of Claggen taken then 17th day of September 1829 who deposeth and saith. Between one and two o clock in the morning of the 24th of August last, I was awoke by my son Alexander who called out “here are the bushrangers come” , and immediately afterwards a short was fired an I heard the rattling of shot through the House I called out to my sons to prepare themselves incase they / the bushranger/ should break open the door, on opening a little leap? Place I had made in the window shutters, I saw the flash of a Gun about fifty yards from the House, and the shot instantly struck the weather boarding of the House, the firing was continuous for some time I have no doubt there were twenty shots fired before I heard any voice after some time had elapsed I went to a skilling at the back part

P162

of the House when I heard the voice of John Morton and William Sainter call to William Ward who slept in the Kitchen calling to him to get up from the place where I was I could not see them, but I am positive it was Morton and Sainter, I went to my bedroom when I heard Stewart calling out it will be as well for you to open the door, while I was at the back part of the house I heard a gun fired and a Ball struck against a post close to my son, the Ball passed through my Bed room close to the head of my Bed, they were about the house upwards of two hours, I never spoke to them nor suffered any Person in the House to speak, after all had been quiet for some time my servants same from the kitchen to the front of my House and told me the Bushrangers have gone and had taken William Ward

P163

Along with them, I never saw Ward until the day following about two o clock, when I was going to Mr Cox’s to report the circumstance.

I heard Morton ay “we want nothing but rations and rations we will have”, – there are several holes that have been pierced by Balls in Mrs McLeods bedroom, close to the head of the bed, and there are two or three Balls sticking in the woodwork near the bed I believe there are twenty holes in the side and  end of the House which have been made by the Balls, I picked up several of the Balls, and being short of ammunition we melted them down to fit our own guns.

/signed/ D MCLeod

Sworn before me at Launceston the 17th day of September 1829

/signed/ Jmes Gordon

£40  [left margin]

p164

Launceston

13th October 1829

The information on oath of Mr Alexander McLeod one of the sons of Donald McLeod Esquire of Cleggin who saith on the night of the 23rd of August last about midnight I was awoke by a shot being fired and a Ball passing through the weather boards of the House through the Bed Curtains and fell upon the Bed and not distinctly hearing what it was that made the noise, I sat up in my bed and heard another shot fired I then got up and alarmed my father and immediately afterwards I heard a number of voices calling out to open the door, I made no reply neither did any persons who was in the house speak to them, after that several shots were fired, a little time after this, I heard Thomas Loughton’s voice at the end of the House calling

P165

To me to open the door or he would slaughter us all, there was a man also who used to go by the name of Pincher, Samuel Cowden, was his right name, I heard him call out here is little Pincher come he will pinch some of you or else he will be shot dead before he goes away, after this I went to the end of the House, and looking our through a loophole towards the stable I saw a man which I thought at first was a stump when I perceived it was a man I heard John Morton call out if you do no let us into the House I will take the Horses out of the stable and shoot them in a few minutes, I saw Morton close by a tree, about fifty yards from the House, I heard him call out come out you old rascal and fight like a man, and instantly I saw the

P166

Flash of a Gun fired from the tree, I did not see any other person near the tree but one an that I am sure was Morton from his voice, the Ball came through the weather boarding of the front room and fell down and rolled along the boards I shortly after heard William Stewart call out you had better open the door, it will be better for you, every time that they spoke to us they fired, I dare say they fired thirty shots at the House they stopped upwards of two hours, they never got into the House neither do I know that they took anything,  away from the premises

/siged/ Alexr McLeod

Sworn before me /signed/ James Gordon

P167

Van Diemen’s land

To Wit

The information on oath of Stephen Hopwood who deposeth and saith, I am assigned to the service of Donald McLeod Esquire of Cleggin, Between eleven and twelve o clock on the night of Sunday the 23d of August last I was in bed and awoke by the report of a Gun, I arose and heard a voice call out “open the door and let us in we won’t hurt any of you if you will let u s in, if not we will have no mercy on you”, immediately after I heard several shots between twenty and thirty, the firing had ceased about a quarter of an hour when some one called out repeatedly “Hopwood come out”, I hesitated, but at length went out and aw John Morton, William Stewart, John Laughton, Samuel Cowden and William Sainter, Morton said come here I won’t hurt you, you must

P168

Walk before us up to the Majors door, I told him I could not do so, he forced me to walk with them round the House and asked me where Ward was I told him I did not know, he went to the back of the chimney and broke it down and called for Ward whom came our at the Kitchen door they forced him to say to me that he agreed to go in the Back with them, Morton tied my Hands behind me, all but Sainter then went into the skilling were I slept, they took away one pair of drab cloth trowsers, one Black kerseymere waistcoat, two silk handkerchiefs, one Black Beaver Hat and one Razor, all my property, they then went away and locked me in the skilling – they remained upon the premises until about four o clock the next morning, they were all armed with fowling pieces and muskets, the wearing apparel which they took was locked up in

P169

A chest, Morton attempted to break it open, but I told him not to do that as I had got the key and unlocked it and took the things out, Ward was in the skilling at the tie, they also took a Black beaver hat, belonging to Master Norman McLeod, Stewart took it away, – when they left the House Ward went with them, I did not see ny of them fire

/siged/ Stephen Hopwood

Sworn before me at Launceston this 23d day of October 1829

Signed James Gordon

P170

Launceston

October 14 1829

The information on oath of Donald Cameron who saith I reside in the district of Launceston, on the night of the first of September I was awoke by the barking of Dogs I immediately got up when I heard the voice of one man who said I am Morton the Bushranger, but I am not some to rob you or do you the slightest injury, I heard the footsteps of more than one person as they approached the house, the person outside said get a light and repeated that he did not men to do me any injury, a light was accordingly procured and one man entered the room through the window, it is a French window  and opens down to the ground, he was armed with a double barreled gun and a brace of pistols, I recognized him to be one of the men who robbed my House about a month before he

P171

Said Doctor Cameron we have learned that you have represented our conduct favourably to the Lieutenant Governor and we are desirous of expressing our sense of feeling for your having done so, at this time I observed behind me another of the Bushrangers with a double barreled Gun in his hand and a free man of the name of Antonio in my employ, the man and Antonio had entered ther  by the back door the man who came in first at the window his name was John Morton and who was immediately in front of me knelt down and took his pistols out of his shooting jacket pockets placed them on the table, put his Gun against the table, put his hands behind his back and said if you think I came with any intentions of robbing you again you can blow our my brains I said no I could not , he then got up, and assumed his men and

P172

I urged him to throw himself on the Mercy of the Lieutenant Governor. I think a man who could show himself so feelingly could not be very depraved, he said he had never robbed major McLeod in his life, only once and that was six cheeses, that starvation and ill treatment was the cause of their taking the Bush and that if Mercy was extended to them, they would immediately give themselves up, I said I should go into Town early in the morning and make that communication to the Authorities, I asked them how they would find out supposing my application was successful Morton said make it known to two are these persons and we shall hear of it, I urged them not to make any further robbery until they could hear of the verdict, asking them if they had sufficient provisions to last the least of the two said they had sufficient four and sugar

P173

Adding that they would rather starve than commit a fresh robbery, they said it was a dreadful lie they led in the Bush, that they had many miles to travel before they came to their place of concealment, and that they then had to Crawl to the Place of concealment through long grass and were not even able to keep a fire for fear of detection. I then ordered them to get some bread and cheese and some spirits which they took away with them immediately, I never saw either of these two men to my knowledge unless on the Night of the robbery

/signed/ D.Cameron

Taken before me at Launceston this fourteenth day of October 1829

/signed/ James Gordon

p174

The information of James Murray who deposeth and saith I was one of he men who apprehended a party of Bushrangers on Mr Thomas’s farm on the second instant I returned to the place where they were found on last Wednesday the ninth instant, Robert Caldwell was with me where we found an old Duck frock with some damper in it and a small pistol and copper powder flask, I have put a mark upon them and delivered them this day to Mr Dell the District Constable.

/signed/ James Murray

his x mark

ea

Sworn before me at Launceston the 11th of September 1829

/signed/ James Gordon

p175

Van Diemens’ land

To Wit

The information of Mr Robert Pringle Stuart of Talisker in Van Diemen’s land settler taken upon oath the eighth day of September 1829 who deposeth and saith, I am in partnership with my brother George Stuart and reside at Talisker, on the night of the 31st of August about ten o clock our dwelling house was entered by five men, they were armed, they tied my Hands behind me, I knew them well, they were John Morton, William Sainter, Thomas Laughton, William Stuart and Samuel Cowden, they had been servants on our farm and had absconded therefrom Cowden tied my hands after they had been in the house a short time, Morton untied my hands and taking a light made me go with him, Laughton accompanied us we went up into a loft, he /Morton/ made me go up before him Lawton? Went up with us, finding there were Tea and Sugar on the loft, they then went into a Bed room and took some Pillow cases and returned to the loft they

P176

Took about five or six pounds of tea, and twenty pounds of sugar, about two pound of salt and a small quantity of shot then filed two tin pots with wine, and took those things into the parlour, where I saw them take some shirts, Morton then took me to a Bed room where he rummaged my Brother George’s Trunks, I do now recollect that he took anything from them, he then took me into Mr McLeod’s room and asked me for the key of a portmanteau I told him I had not got the key and on finding a hole at the end of the portmanteau he pulled some things out of it but did not take them away, in returning from Mr Mc Leod’s Bedroom we again went into My Brother’s Room where Lawton took a pair of old trowsers, Cowden shortly afterwards went into my Brother’s Room where he also took a pair of Trowsers belonging to my Brother. They remained at the House nearly four hours and a half, John Morton requested us to take some wine, he took up a pot with some wine in it and said to us, Gentlemen God Bless you all, I wish you prosperity and turning

P177

To the men who were tied, he said Fellow Prisoners I hope your luck in the Colony will be better than our and he then rank, when they were going away they tied up the things I have enumerated and several other articles which I do not recollect this double barreled Fun is my property and was taken away by Morton and his party – this pair of Boots, this cotton shirt, and this shooting jacket {Lawton} are my property. This white cotton shirt is mine {John Morton}

/signed/ Robert Pringle Stuart

Sworn before me at Launceston this day and year first before written

/signed/ James Gordon

£40.-19 Sept 1829

p178

Van Diemen’s Land

To Wit

The information and complaint on oath of Mr Magnus McLeod one of the sons of Donald McLeod who saith I live at my Father’s Farm at Talisker, last night as I was returning home about eight o clock, I was stopped by John Morton, William Sainter, Samuel Cowden and William Stewart, they were all armed and had absconded from my Father’s service about five weeks ago, they tied up my hands behind me and took me to the men’s Hut where I saw the men belonging to the farm, they had all their hands tied and Thomas Lawton who had also absconded with the other Bushrangers was standing as a sentinel at the hut door, Mr John? Stewart  Was with me and the treated him in like manner, they kept us in the Hut about two hours and then tied Mr Stewart and I together

P179

And marched us up to the House, the insisted on my requesting the House door to be opened and I did so through fear they threatened to shoot me, Samuel Cowden said it they will not open the door I have a pretty good target before me I said what is that he said “Your dead”, the door was opened by Mr George Stewart just before they entered he House, and then called Mr Robert Stewart to them and bound him also, I saw Cowden take a double barreled Gun belonging to Mr George Stewart and another double barreled Gun belonging to Mr Robert Stewart and Camden also took a pair of Pistols belonging to Mr George Stewart and handed the Guns to one of his party, they took a shooting jacket from Mr George Stewart’s person, Sainter took a pair

P180

Of boots from me, he asked me for them, and I delivered them to him, Morton desired him to take them, they ransacked the House and took away several Bundles of things from the House, Morton said if we catch Ward we will not shoot him we will cut his ears off – when they took me and Mr Stewart  to the House they marched all the men from the Hut likewise and put them into the parlour with us, the Hut stands about a quarter of a mile from the House, they went away about two o clock in the morning. I could not learn from any of their conversations what they intended to do, they threatened to storm some persons Castle but did not mention the name, I thought they alluded to Mr Lette’s House when hey used this threat.

Signed M.McLeod

Sworn before me at Launceston the 1st Sept 1829

/signed/ James Gordon

£40  19 Sept 1829 [in left margin]

p181

Island of Van Diemen’s Land

To Wit

The information of Robert Chawner of the district of Breadalbane in Van Diemen’s Land taken upon oath the second day of September 1829 who deposeth and saith yesterday morning about 2 o clock I was awoke by some person calling to me to get up, I was in bed over a blacksmith’s shop belonging to Samuel Bowen with whom I live I got up and saw five men standing in the shop they were all armed, they had been fellow servants of mine at Major McLeod’s they were John Morton, Samuel Cowden William Sainter, Thomas Lawton and a man named Stewart. John Morton took a small piece of Bacon that was hanging up in the House and one of them took a loaf of Bread I do not know which, they stopped there about ten minutes when they all went out of the Shop and Morton

P182

Called me out of the shop and said you must carry this pointing to a Bundle that was laying upon the Ground and go with us, I took up the Bundle it was a bag or pillow case, it contained about sixty pounds of sugar, they took to the Black Forest towards Mr Cottrells where they stopped, it had then been daylight about half an hour, I was then about seven miles from home we walked very slow, I do not thing we travelled in a straight direction they told me to sit down and take something to eat, I did so, they then said I might go home, I think I was with them five  hours, they all of them said they were sorry for what they had done, and were ready to give up their arms if they thought their lives would be spared, I left them all sitting on the ground, I never was in that Forrest before I do not know how far they then were from Mr Cottrells, I saw no Hut near the place, I did not hear any one of them threaten to rob or otherwise injure any person, they had several bundles with them, I do not know what they contained they

P183

Had two double barreled Guns and three single barreled ones. I do not know how much ammunition they had.

/signed/ Robert Chawner

his x mark

Sworn before me at Launceston the 2nd day of Sept 1829

Signed/ James Gordon

P184

Van Diemen’s Land

To Wit

The information on oath of James Murray who saith I am free by servitude and employed as a labourer on the farm of Jocelyn Thomas Esquire at the Snake banks about twenty miles from Launceston about twelve o clock on last Wednesday the second of September instant I saw five armed men going across a plain near my Hut towards a Forest, I told Robert Caldwell – who lives with me that I had seen these men and that I would go and see who they were I went to the Forest intending to conceal myself, when they had got within about two hundred yards of the place where I was they ran back across the marsh plain, I ran to the Hut took my musket

And Bayonet and went in pursuit of the five men and told Caldwell to go to Mr Wedge’s about a mile distant and get Ashton

P185

A constable, I followed to men and saw them go to the edge of the South Esk River, they went into a scrub in a bend of the river, and laid down about two hours afterwards I was joined by Caldwell and John Ashton we approached the scrub until I saw a man laying down upon the ground, I was within five or six yards to him, I made a motion to Ashton, to close into the scrub when he presented his piece and Caldwell and I presented our Guns also Ashton said come walk out one by one, when five men one after the other walked out of the scrub one of them picked up a Gun and Presented it at me, I said some drop your piece or I will blow your brains out, he replied if you   fire I will fire, I presented my Gun at him and said if you do not drop your piece I will drive a ball through you he immediately laid down his Gun and

P186

Walked out of the scrub, the other four men did not take their Guns from the ground I think they were all asleep when we approached them it was then about four o clock in the afternoon, one of them the tallest of the five pulled upon the breast of his shirt and said shoot me, the other four said aye we may as well all die together. I took a double barreled piece from the ground where the men had been and Ashton and Colwell each took a Gun from the same place and took the men to Mr Wedge’s Farm, where the Bushrangers were kept in Ashtons Hut all night, in the morning Caldwell and I returned to the scrub and brought from there two muskets and a fowling piece, and I accompanied the five bushrangers and the fire arms found with them to the Police Office this day, they are John Morton, William Sainter, William Stewart, Thomas Lawton, and Samuel Cowden, who I have heard absconded from the service of major McLeod right on nine weeks ago, neither of them made the least resistance or attempted to

P187

Get away from us except the man who lifted up the Gun and he ade no other resistance than that I have stated, I did not see any provisions with either of the Bushrangers excepts a little sugar about nine pounds.

/signed/ James Murray

Sworn before me at Launceston the fourth day of September 1829

/signed/ James Gordon

p188

Van Diemens Land

To Wit

The information of William Ward of Launceston a field police constable taken upon oath the fourth day of September 1829 who deposeth and saith on Sunday the nineteenth day of last July I was an assigned servant to Mr Donald McLeod and resided at his farm called Claggen when about the middle of the night John Morton, Thomas Lawton, William Sainter, William Stewart and Samuel Cowden my fellow servants, and employed at my master’s farm called Tallisker came to Cleggin and robbed the House of some firearms and some ammunition they took a musket a Rifle a Brace of Pistols and  fowling piece  and forced me to accompany then into the Bush about ten o clock the next day, I escaped from them and they were going through a scrub, and returned home with the Rifle, and one of the Pistols which they had permitted me to carry, on Sunday night the 23d of August

P189

Or early in the morning I was distracted by the same five men coming to my Hut at Cleggin when they made me get up and go away with them, before they came to my hut I was alarmed by hearing about twenty shots fired when they called me out of the Hut they forced me to go with them previous to starting, they made me acknowledge in the presence of Stephen Hopwood that I was willing to go with them, they took me into the Bush about twenty miles from Cleggin and I escaped from them again about the idle of the next night /Monday when they were asleep, and I then brought away a fowling piece and a pistol both of which I had seen in the possession of John Morton, I returned home to Cleggan and came to Launceston the day after, and delivered the fowling piece to Mr Mulgrave, the pistol I delivered to Mr Donald McLeod before I came to Launceston – whilst I was with the Bushrangers I heard them talking about firing sixty rounds at Major McLeod’s House I

P190

Cannot recollect which of them it was that said this, they talked about it aongst themselves.

/signed/ William Ward

Sworn before me at Launceston the day and year first above written

/signed/ James Gordon

p191

The information on oath of John Ashton who saith I am a Field Police Constable attached to the Police at Camobell Town on last Wednesday the 2nd of September I was on the farm of Mr Wedge at the South Esk River when Robert Caldwell who holds a Ticket of Leave told me he had seen five armed men which he thought had absconded from Mr Mc Leod’s go across a Scrub near his Hut, Mr Wedge gave Caldwell a musket and some ammunition, I took my musket and went with Mr Wedge and Caldwell, Mr Wedge was on horseback, after we separated, we had travelled about the swamp for about an house and then fell in with James Murray, about a quarter of a mile from the scrub he informed us he had last sight of the Bushrangers about twenty minutes before I saw Murray, I saw William Foreman, Mr Cox’s shepherd, he was on the other side of the river, he called to Caldwell, and told him the Bushrangers were in Mr Coxes Bend we went to a bend of the South Esk River, where there was

P192

A scrub and saw five men laying there asleep, I called out to them and aid who are you, Caldwell Murray and I had our Guns pointed towards them, one of them I think Stewart said do not shoot us, I said get up and walk away from that place, he got up and directly afterwards the other four got up and walked out of the scrub I had said if you do not come out we will blow your brains out one of them said do not do that for we will comply, I said do so and we will treat you well, Caldwell and Murray stood over them with their pieces and I went to the place where they had lain and took from there two double barreled Guns two muskets and a fowling piece which we planted about a hundred yards from the place I had found them, I then searched the Bushrangers and took from John Morton a small pistol a pouch containing about twenty rounds of ammunition a

P193

Pair of Bullet moulds and two pieces of films/files?, I did not find anything  upon the other four men we took the five men to a Hut near Mr Wedge’s House and the next morning we took the men to Captain Barclay’s farm and from thence to Launceston this day – neither of the men made any resistance at the tine they were apprehended or attempted to ascape afterwards, these are the five stand of arms we found with the Bushrangers.

/signed/ John Ashton

Sworn before me at Launceston the fourth day of September 1829

/signed/ James Gordon

p194 [repeat of p 174]

The information on oath of James Murray who deposeth and saith I was one of the men who apprehended a party of Bushrangers on Mr Thomas’s farm on the second instant, I returned to the pale where they were found on last Wednesday, the 9th instant   Robert Caldwell  was with me whenwe found an old duck frock with some damper in it   and a small pistol and copper powder flask, I have put my mark upon them and delivered them this day to Mr Dell the District Constable.

/signed/ James Murray

his x mark

Sworn before me at Laucneston the 11th day of September 1829

[unsigned]

p195

Van Diemen’s Land

To wit

The examination of Mr George Henning Stuart of Talisker, settler, taken upon oath the eighth day of Septembeer 1829 who deposeth and saith, I and my brother Robert rent the farm from Major McLeod which we hold of lease for a certain number of years unexpired. Mr Magnus LcLeod is a partner of ours but his name is not mentioned in the lease, between nine and ten o clock on Monday night the 31st of August, I heard a person calling out to open the front door of my House. I knew it was Mr Magnus McLeod I opened the door, it was very dark and I could not scarcely distinguish any thing, I heard a voice which I knew to be that of John Morton say “come out here Mr George Stuart and hold up your hands”, and Samuel Cowden came up to me and ordered me to give him my handkerchief I offered  to go into the room to fetch my handkerchief but they would not suffer me, Cowden said he

P196

Would find something to tie mewith and then William Sainter placed himself between me and the door when Cowden tied my hands he /Cowden/ gave his Gun to Sainter while he tied my hands they then called to my brother Robert to come out, they made him produce his handkerchief and tied his hands, they then made me go into the parlour and brought in both my Brother and Mr Magnus McLeod and all the servants from the hut whom I found they had secured Morton then ordered my brother Robert’s hand

[incomplete]

p197

October 1829

Copies of information

Vs

John Morton 7 others

[‘bushrangers’ in pencil]

p198

[oct 1829 – in blue wax pencil]

Van Diemen’s Land

To Wit

Be it remembered that on the twentieth day of October in the year of our Lord one thousand eight hundred and twenty nine at Launceston in the said island of Van Diemen’s Land cometh before me James Gordon Esquire one of His Majesty’s Justices of the peace for the said Island and its Dependencies Patricius William Welsh  in his own proper person and giveth me the said Justice to understand and he informed that Thomas Foster of Launceston Brickmaker did on Saturday the seventeenth of October instant harbour suffer to be and remain in his dwelling house in Launceston aforesaid Thomas Mehan [Meehan?] a convict assigned to the service of Patrick Carlin the said convict being then an absenter from his said muster service whereby the said Thomas Foster hath become liable to forfeit and pay a fine of fifty Spanish dollars according to the form of the act of Council passed on the 19th January 1825 whereupon the said Patricius William Welsh prays that they said Thomas Foster may be summoned to answer to this information and make his defence thereto.

PW Welsh [signed]

Exhibited and Taken the day and year above mentioned

James Gordon [signed]

P199

Patricius William Welsh

Harbouring a convict on the 17th Oct 1829

Decided 31st Octr 1829

Mr Walsh

Constable Henderson

Constable Gardiner

P200

[dec 1829 – in pencil]

Van Diemen’s Land

To Wit

Be it remembered that on the sixteenth day of December in the Year of Our Lord one thousand eight hundred and twenty nine at Launceston in the said island of Van Diemen’s Land and its Dependencies cometh before me William Lyttleton Esquire one of His Majestys Justices of the peace for the said Island and its Dependencies. Thomas Johnson in his own proper person and giveth me the said Justice to understand and be informed that a James Houghton of Launceston Licenced Publican on Saturday the fifth day of December instant between nine and ten o clock at night did in His Licenced Public House situate in Launceston aforesaid permit John Davis a convict to be and remain therein for the purpose of tippling whereby the said James Houghton hath become liable to forfeit and pay a fine of twenty Spanish dollars according to the form of the act in Council passed on the 19 January 1825 whereupon the said Thomas Johnson prays that the said James Hougton may be summond to answer to this information and make His defence thereto

Sined by Thomas Johnson

Exhibited and Taken the day and Year

Above written – sined W Lyttleton

P201

Van Diemen’s Land

To Wit

Be it remember that on the twenty first day of December 1829 James Houghton of Launceston Publican was duly convicted before Mr Lyttleton and William Kenworthy Esquires two of His majesty’s Justices of the Peace upon an information charging him with having on the fifth of December instant suffered and permitted John Davis a convict to be and remain in His Public House in Launceston aforesaid for the purpose of Tipling against the form and effect of the Act in Council intitled an act to prevent the harbouring of Runaway convicts and the Encouraging of Convicts Tippling and gambling and the said Justices did award that the said James Houghton should for the said offence forfeit and pay the penalty or sum of Ten Spanish Dollars besides the Costs of the prosecution which costs have been assesd at the sum of Thirteen shillings and six pence.

Given under our hands and seals at Launceston the day and year above written

P202

John Dunlop sworn saith I am watch house keeper in Launceston about half past nine o clock Saturday fortnight I saw John Davis in Mr Houghton’s Public House he was at a Table where there was a good many people Drinking. I did not see him Drinking. I do not know if he was sitting down there was drink on the Table after we the constables went in he Davis went off immediately I found him in the street afterwards In about an Hour and took him into custody Davis is a Prisoner in the Public Works he had no right to be in a Public House at so late an hour of the night it was half past  nine according to the time of night I did not speak to Davis I was the Hendermost of the constables Davis was a Coxswain I do not know if he had been down the River I did not see him drink anything I could not say he was Sober or Drunk I thought he was in Liquor.

Robert Fleming sworn saith I am a Constable I saw Davis in Mr Houghton’s about half past nine o clock on the 5th of this month he was in the Tap Room near the back door at one of the tables intermost? amongst some other people I know my Houghton’s waiter?  Davis did not speak to him or Mr Houghton to my knowledge he had no right to be there at that time of night there was Drink

P203

On the table I did not see him Drink any thing I know it was him, this is the man, I went in at the front door with the night watch, I was about the second of them, I saw the man full in the face, I do not know if David was drunk or sober, he is employed in the Boates, I do not know if he had some up the River on that night

Constable James Fahey sworn saith I know John Davis he s employed in the Boates, I know he went away to George Town about a fortnight ago he came up to the wharf  in a Boat about eight o clock on last Saturday week in Mr Kenworthy’s Boat.

Samuel James free sworn saith  I know John Davis he was not in Mr Houghton’s Tap Room on the last Saturday Fortnight I did not serve him with any liquor. If I had seen him in the House I should have ordered him out if it was after eight o clock, I did not see him Drink with any body in the Tap Room that night, I have seen Davis some through the Tap Room for Mater? He lodged opposite to Mr Houghtons.

P204

5 December 1829

Johnson vs James Houghton

Harbouring John Davis a convict

Decided the 21st 1829

P205

Gaol Launceston

23 Jany 1830

The information on oath of Thomas Templeton a prisoner confined in Gaol who saith yesterday the 22nd instant the Bread was late in coming and I went into my ward without breakfast I went? With a shoemaker who is a wardsman. I had some tea which was taken away from me. I expostulated with Greenaway who took away the tea when Greenaway struck me on the head I got up to call the under gaoler when I was followed by Greenaway who threatened me if I called out or complained and said he would give me something if I offered to make us of his name – I then reported the circumstance to the undergaoler.

When Greenaway was confind in a cell by himself I was then locked up in a room with the rest of the prisoners when they dragged me out by my feet ad beat me severely with straps and buckles at the end of them when I was taken out by the gaoler some hours

P206

Before this took place I was threatened by a man named Patrick alias John Dunn who told me if I offered to touch the door or give the alarm he would tear me at the arms? I was reporting the circumstance Edisand? And Wise  called out to me and said he would tear my others leg out if I did not mind what I was about.

Thomas Templeton (signed well)

Sworn before me at the Gaol Launceston this 23 January 1830 Joseph Greenaway

Edward Wise/Wine [7 Lady east]  [margin: Edwin Wise per Lady East 7]

Patrick alias John Dunne [Godfrey  ]  14 years

Charged with threatening Language and thereby inducing the rest of the prisoners to ill treat Thomas Templeton, a prisoner confined in Gaol

Ile? Not Guilty

The above deposition of Thos Templetone being read he confirmed the same.

The information on oath of Prisoner Timothy  Daley of the 57th Regt who saith I heard Edward Wise yesterday when

P207

I was on sentry at the Gaol about 4 o clock say he would have the other leg pulled out of Templeton’s ass.

Joseph Greenaway 50 lashe

Edward Wise 30 lashes at the intercession of W Pastley?/Dartly?

The punishment against Dunne and Greenaway suspended

Samuel Chandler Countess of Harcourt  Life charged with being turbulent and disorderly conduct and aiding the prisoners in creating a disturbance in the Gaol also with making use of abusive language to the Sergeant of the Guard the morning 23 Day January.

Sergeant Thomas Joyce states he was called by the under Jailer Thurs? morng to assist in confining some prisoners for being disorderly

P208

In doing so the prisoner Samuel Chandler called me a damned Duffer and told me to f_  _  k myself, Owen Durrows made use of similar language towards me. He is a free man I am certain it was Chandler who made use of the language towards me. Wm Beasely [Beasley?] under jailor sworn saith this morng there was a disturbance amongst the prisoners when I called Sergeant Joyce to assist me in confining Samuel Chandler who was the ring leader of a disturbance last night clapping his hands and asking the rest of the prisoners if they was ready, they kept up a most disorderly and tumultuous noise from nine a night until 2 o clock this morning Samuel Chandler was confined in a cell for endeavouring to Break Out of the Gaol.

Sworn before me at the Gaol Launceston this 23 January 1830

P209

[23 Jan 1830]

Corporal William Garbell? Of the 57th Regt sworn saith I was on duty at the Gaol last night. Chandler was keeping a great noise the whole of the night. I heard him abuse the Sentry and call him  a pipe clay B _____ r/y.  I am certain it was Chandler by his voice having been on duty some length of time at the Gaol

Chandler to receive fifty lashes.

Michael Welsh Coromandel Life

Charged with Riotous conduct in the Gaol on 23 Jany

Plea Not Guilty

Corporal William Garbell?/Garbett? Sworn saith about half past two o clock in the morning of the 23d instant I heard the prisoner advise the rest of the prisoners who was keeping a great noise not to leave off till day light as it was then three o clock. I know it was Welsh by his voice I swear it was Welsh.

Sworn before me at the Gaol Launceston this 23rd Jany 1830

P210

The information on oath of Private Isaac Henmerson??  Who saith I know the prisoner I heard him about one o clock say go one go on it is of no use to leave off alluding to some prisoners who was keeping a great noise he said keep it up till the morning or I know I shall be punished in the Mouds??

Sworn before me at the Gaol Launceston this 23d January 1830

Michael Welsh in his defence states I was confined in Gaol right back? Upon my first arrival without receiving any rations or comunulation? Money?

Twenty Five lashes

P211 [thin piece of paper c12 cm h x c 21 cm w]

6=0=0

Launceston Augt 28th 1830

I promise to pay Mr Mackie on demand on account of Alexander Hudson the sum of six pounds stirling witness my hand this twenty sixth day of Augt 1830

Jos Moore  [very uncertain hand]

Witness John Kendle?/Rendall?

His x Mark

P212

ISLAND OF VAN DIEMEN’S LAND

TO WIT

The examination of Mr Charles Bennett of Launceston in Van Diemen’s Land taken upon oath before me, one of His Majesty’s Justices of the Peace for Vn Diemen’s Land and its Dependencies, the seventh Day of September in the Year of our Lord One thousand eight hundred and thirty in the presence and hearing of Alexander Hudson, duly charged before me upon oath

Which said deponent on his oath, deposeth and saith as follows

I have kept the Tap of the Cornwall Hotel in Launceston for Mr William Mackie since the twenty third day of August last the Liquor sold in that Tap are solely for the benefit of Mr William Mackie on the Twenty sixth of August the prisoner Alexander Hudson came to Mr Mackie’s Tap Room a man who called himself John Pearce was with him Hudson said he and Pearce worked for Mr Joseph Moore that they had been fencing? For him Hudson said he owed

P213

Mr Mackie three pounds and that he would give Mr Mackie an order upon Mr Moore for six pounds if he would let him and his partner have to that amount he asked me to make out the order for six pounds and by his instruction I drew up this promissory note for six pounds payable to Mr Mackie on demand after I had written it I delivered it to Alexadner Hudson and told him he must give it signed and witnessed and he left the Tap with it my son George Bennett a youth about twelve years old went with him. Pearce remained in the Tap Room Hudson and my son returned in

P214

In about a quarter of an hour. Hudson said Moore will not sign it. Pearce said give me the note and I wil get it signed and he took the note from Hudson and sat down, Hudson then left the Tap Room and said he should got home Pearce remained in the Tap Room about a quarter of an hour afte Hudson was gone and then he said he should go to Moore and get the note signed and he left the House, and about three hours after he returned and I said to him have you got that note signed he said yes Moore has signed it for me and he handed me the note and he said give us some thing to drink I said no until Mr Mackie accepts the note he said very well send it to him the note if right enough or I should not have brought it to you

Hudson

P215

Was not with him at this time I said are you sure this I Moore’s signature he said yes I said will you witness it he replied yes give me the pen I did so and he made his mark as a witness to the note and he said now give me some drink I said I would not give him any liquor until Mr Mackie approved of the note I took it to Mr Mackie and he requested me to sent it to Mr Moore and I sent the note to Mr Moore by a man named White but fearing Pearce might attempt to get the note from White I sent my son George After White to get the note whilst they were away Pearce said has Mr Mackie accepted the note I said It is gone to Mr Moore he replied it was not Moore who signed

P216

The note it was a person as near to him as his shirt is to his skin, I asked him who it was that had signed the note he refused to tell me White and my son returned and said Moor had detained the note that it was a forgery and soon after I was sent for o the Polie Office where I saw the note and Mr Moore. Hudson did not receive any liquor or other consideration from me or any person on account of Mr Mackie for this note, I never saw Hudson from the time this note was delivered to me with the signature Jos Moore upon it until this morning I am quite sure he was not with Pearce or present when he Pearce delivered me the note with that signature upon it Pearce had a pot of Beer from

P217

Me before the note was signed but nothing after Hudson was nto present at that time nor did he partake of that pot of Beer.

Chas Bennett (signed)

P218

ISLAND OF VAN DIEMEN’S LAND

TO WIT

The examination of Mr William Mackie of Launceston in Van Diemen’s Land Inn keeper, taken upon oath before me,   the seventh Day of September in the Year of our Lord One thousand eight hundred and thirty in the presence and hearing of Alexander Hudson, duly charged before me upon oath

Which said deponent on his oath, deposeth and saith as follows

I Keep the Cornwall Hotel in Launceston Charles Bennett keeps my Tap Room  he is my hired servant and is engaged y the year I know the prisoner Alex Hudson he ran a small account with me and gave me his not of hand for three pounds for the payment of that account that note of hand was note paid on the twenty sixth of last August on the forenoon Hudson and a man who I understood was his partner in my Tap Room when Bennett told me that they Hudson and his partner had asked him

P219

To give them more credit and that they had offered to get a note of hand from Joseph Moore as security for their debt to the amount of six pounds if I would allow them to run an account with me to that amount I told Bennett I would accept Moore’s note of Hand for six pounds and when it was placed in my Hands to allow Hudson and his partner to draw property of him to the amount of three pounds which with the note I still held would make six pounds, shortly after this promissory note for six pounds was presented to me if was in the same state then as it is now, I observed that the witness had only made a mark to the note I asked who it was and was

P220

Told it was John Pearce I told Bennett to send the note to Mr Moore to ask if the note was correct and about two hours after I was sent for to the Police Office when Joseph Moore said there the signature Jos Moore to this promissory note was not his signature I am sure this is the same promissory note as was presented to me by Charles Bennett on the twenty sixth day of last August, Alexander Hudson was not present when it was given to me by Bennett but I heard Hudson say he would give me Joseph Moore’s note of hand for six pounds if I would trust him three pounds more than what he then owed me, and I told him I would do so if he could get a note of hand from Joseph Moore for that amount

P221

I only know one Joseph Moore and he is a Butcher residing in Launceston. If this promissory note purporintg to be that of Joseph Moore had been brought bak to me and I had been informed it was Moore’s note I should have deliverd the note I had previously reeived from Hudson to him holding Moore’s note for six pounds, I do not know if Hudson or his partner had any liquor or other property delivered to them in consequece of this note for six pounds.

W Mackie [signed]

P222

ISLAND OF VAN DIEMEN’S LAND

TO WIT

The examination of Joseph Moore of Launceston in Van Diemen’s Land  Butcher taken upon oath before me, one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, the twenty sixth Day of August in the Year of our Lord One thousand eight hundred and thirty .

Which said deponent on his oath, deposeth and saith as follows

Alexander Hudson and John Pearce Labourers have been employed splitting and fencing for me during the last two months they have agreed to do a certain quantity of work for me which is not yet completed they have drawn more money and goods of me than the value of the work they have done and they are in my debt three pounds and upwards, between ten and eleven o clock this forenoon Alexander Hudson presented this paper to me, it is a promissory note for six pounds payable to Mr Mackie on demand purporting to be drawn by Joseph Moore and witnessed by John Pearce, when it was presented to me this morning by Hudson the signature of Joseph Moore nor

P223

The mark of John Pearce was upon it the word witness was upon it and it was in the same state if is not except that signature of Joseph Moore and John Pearce, Hudson asked me if I would sign this Bill, he said it would oblige him much and that he would work it out, I refused to sign it as he was in my debt the signature Joseph Moore is not my Signature neither did I authorize any person to draw or sign this Bill with my name of impower any person to draw any Bill payable to Mr Mackie in my name, the signature Jos Moore in this Bill is a forged signature and hath been

P224

Made with intent to defraud me of six pounds sterling I therefore pray that justice may be done

Joseph Moore (signed)

P225

Vn Diemen’s Land

To Wit

The affadavit of John Thompson of Launceston Watch House Keeper who saith, on Monday the thirtieth of August last, John Pearce was confined in the Watch House at Launceston on a charge of forgery, I had occasion  to leave the watch house for a few minutes, I left John Pearce with other prisoners there, Constable Moore was in charge, on my return, I found that John Pearce had effected his escape – I have not since seen him..

JNo Thompson

Take before me at Launceston this 8th September 1830

P226

Decided

Bennett vs Hudson and Pearce

Case of forgery

August 26th 1830

W1

Wk

Esqrs

P227

Van Diemen’s Land

To Wit

The examination of Mrs Agnes Thomson the wife of Mr Archibald Thomson of the Tamar who saith Mr Thomson left home about three o clock on last Sunday after noon the 10th of Jany between eight and nine o clock that eveninig I was sitting alone in the Parlour there was no other person in the House but my baby when I heard the Dogs bark very much and I heard Mrs Lawson’s children screaming in the kitchen I went to the back door and saw a strange man standing in the yard near to the kitchen he had a double barreled Gun in His Hands he was about five feet six inches about twenty years of age and very stout made, fair hair, light blue eyes, pale faced, he wore corderoy trowsers and I think a frock coat I thought he was a native of the colony he desired me to go into the kitchen I did so and saw three of my husband’s men who were tied the stranger stood at the kitchen door with his Gun I asked him to let me go into the House for my child he said he could not and then I saw Samuel Britton the Bushranger come up to the kitchen door he had a double barreled Gun a rifle which was slung over his shoulder and a Dagger by his side

P228

I did not know him until he said hs name was Britton he said I should gointo the House for my child I went into the House he desird me to sit down into the parlour and immediately after John Bevan a bushranger cam in he told me his name was Bevan he was a very tall man he was armed with a double barreled Gun he asked for some wine and brandy I give him some Brandy he took it to the kitchen shilst he was out of he House I put Mr Thomson’s watch which was laying upon a chest of Drawers in the Cradle when he returned he said what a foolish woman you are I saw a watch here just now he compelled me to give it to him he searched the House and collected together the articles mentioned on this list the whole of which he took away. Britton and the stranger came frequently into the House the stranger assisted Bevan in packing up the articles I did not see either of the Robbers present their Guns at any of the persons about the House or hear either of them threaten to do any one a personal injury these remained in the house and about the Premises about four Hours I never saw the strange man before I did not hear him called by any name he appeared more lined?/tired? Than either of his companions. Bevan swore at him and told him to put down His Gun and fill a Bag with the sugar – I do not

P229

Recollect he called him by any particular name they took their plunder into an out house a work shop where they packed it up I did not see them go away I did not see Mr Thomsons Horse in their possession but it was missed from the stable that morning they took away two of Mr Thomson’s assigned servants who had not returned when I left the farm yesterday the 13th instant at 2 o clock I had never seen either of the Robbers before their faces were not disguised I think I could swear to all three of their persons if I was t see them again.

Signed Agnes Thomson

Sworn before me at Launceston this 14th of January 1830

Signed W Lyttleton

The further information on oath of Mrs Agnes Thomson who saith the information which I gave on the 14th of January and which has now been read to me is true the man now present Thomas Ranes? Is the person I alluded to in that information as the strange  man standing in the yard he is the first of the Robbers I saw, he assisted in packing up some Tea and Sugar in the House  do not recollect if it was this man who took the Tea and Sugar out of the House he was armed with a double barreled Gun he stood as a sentinel at the Kitchen door with His Gun and kept Mr Thomson’s servants

[£100 for Rife? – in left margin]

p230

prisoner in the kitchen I did not see him tie any of the servants I did not see them tied he ordered me to go into the kitchen I did not see him take any other property in the House than the Tea and Sugar.

Signed Agnes Thomson

Sworn before me at Launceston the 25th day of February 1830 and read to the deponent in the presence and hearing of Thomas Rares?

Signed W Lyttleton

The further information on oath of Mrs Agnes Thomson who saith this white collton shirt marked Archd Thomson No 3 is my Husbands roerty it is worth 4 hillings it had been stolen from my Husband’s premises

Signed Agnes Thomson

Sworn before me at Launceston the 10th day of March 1830 and read to the deponent in the presence and hearing of Thomas Rares?/Roses?

Signed W Lyttleton

The examination of William Fowler who saith I am an assigned servant to Mr Archibald Thomson and live at His Farm on the left bank of the Tamar. I live in a Hut fifty yards from my Master’s House seven or eight  men live with me My Master left home on Sunday afternoon (16th Jany) about half past 8 o clock that evening I was in my Hut with James Morgan, John Minion, William Hillman, Thomas Hall, William Hannah and Joseph Dawson they are all fellow servants except Hillman he is free we had four muskets in the Hut one of them I know was loaded I do not know if any of the other were loaded or not there were two rounds of ammunition  in a pouch hanging on my musket I do not know what other ammunition there was in the Hut we had no Bayonets or pistols I had just come out of the bush where I had been out after my master’s sheep with Dawson and Hall the latter is an acting overseer we were all sitting by the fence I was getting my supper when John Bevan the Bushranger came into the Hut and up to the Bedroom Door facing the fire place he turned his back to the Bedroom door and pointed a fowling piece at us as we sat by the fire and said the first man who stirs I will blow his brains out go up into the corner, the Guns were at a corner of the partition against which Bevan stood we all went into the Corner near the fire place he said to me come here he did not call me by name one of his companions Britton tied my hands he had five men with him they were armed , one of them had two fowling pieces and several pistols that man was Britton I did not know the other Robber I might have seen him before, he was armed with a fowling piece, I had? Tied all our arms behind us – they asked if my Master was at home and how many men there were at the

P231

House, some body, I don’t know whom, told them my master had gone down the River and that Fagan? And another man were at the House. Bevan ordered me to go with Britton and the other Robber to the House where they bound Fagan? and George Lawson who is free and my master’s other Government man is called Yankey?

And marched us all up to the Men’s Hut and then marched the whole of the men they had so bound down to the kitchen which is quite close to the House made us sit down and tied our feet I am ? Britton stood over us as a sentinel, Bevan and the other man went into the House Bevan brought us some liquor from the House they kept us in the kitchen four or five hours I did not see what property they collected, I saw Bevan take two silver table spoons out of the kitchen cupboard and a copper tea kettle from the oven between two and three o clock in the morning Bevan brought a jar which contained about three gallons of liquid into the kitchen and said here my Lads here is something for you to drink when I am gone it was afterwards found to be vinegar. Bevan then untied James Fagan’s and Joseph Dawsons legs and took them out of the kitchen and said he should take them with him to bring back the horse and the muskets, and he then said to us well good bye my Lads and pulled to the Kitchen Door he first  took George Lawson out of the kitchen

P232

And put him into the house with my mistress her mother and family. The bushrangers then went away a soon as they were gone me and Hall slipped our hands out and untied the rest I did not [know?] what they took away I do not know how many bundles they took I did not see any knapsacks I did not see the Horse Bevan took a saddle, bridle and a spur out of the kitchen I am informed that my master’s Horse and a great deal of property our of the house has been taken away Bevan did not threaten any person, I had never seen Bevan before or either of his companions, Minion, Hillman and John Blakely have lately been employed splitting on the back part of the farm, Blakely was down the River with my Master I am a shoemaker and always work as my trade in the hut yesterday morning being Sunday I went out for a walk with Hall and Joseph Dawson we went about four miles back in the bush to Mr Froggett’s shepherd’s Hut where we saw Mr Froggett’s two men. I did not see any body else during my walk except one of Mr Barnes shepherds who was at Froggett’s Hut.

Signed William Fowler

Taken before me at Launceston the 11th January 1830

Signed W Lyttleton

P233

The further information on oath of William Fowler who saith the foregoing examination which has now been read to me is true I cannot say if this man Thomas Rares? Is one of the men who robbed my aster’s house he is about the height of one of the men his hair is of the same colour I did not take notice of his countenance This pair of leather half boots produced by Mr Hortle was made by men and were the property of my master several pair of half boots similar to these men were stolen from my master’s remises by Bevan and his two companions on the n ight mentioned in my former examination.

Signed William Fowler

Sworn before me at Launceston the 3rd March 1830 and read to the deponent in the presence and hearing of Thomas Rares.

Signed Mr Lyttleton

The examination of Joseph Dawson who saith I am an assigned servant to Mr Archibald Thomson on last Sunday night was? A week John Bevan, Samuel Britton and a man whose name I do not know robbed my master’s  House and took James Fagan and I with them to carry a part of their plunder – they took my Master’s horse they made me carry half a bag of sugar and some bacon we started in the middle of the night and went towards Lackey  White’s  farm along the River we went past Lackey whites,  they took us upon a big Hill and Bevan

P234

Said he could see the Supply Mills I continued with them until sundown on Wednesday night and when I was upon the Big Hill Bevan shewed me the River and said I was about eight miles from the Supply Mills he told me to take the horse the saddle and bridle and return home he did not give me anything else belonging to my master he gave me no provisions I did not know the way home I travelled through the bush until I made Mr Dry’s stock hut at Piper’s Lagoon on Saturday night and went to Mr Ashborn’s on the next morning who took down in writing what had passed we did not see any person on our way or fall in with any Huts I could not learn the name of the man who was with Bevan and Britton I did not hear him called by any name he is a young man about 18 years of age he is think about five feet, light brown hair, grey eyes, he had cord trowsers and a blue jackets and Kangaroo cap, Bevan told Fagan to come back with me Fagan said he would not that he would not return to the place Mr Thomson’s farm any more he appeared very friendly with the Bushrangers he carried a pistol all the way, when he was going to part he pulled out the pistol from his pocket he said I was always kicking up rows with him and that he would shoot me Bevan said Fagan should not shoot me that he had brought me away and that he would

P235

Send me back again. Fagan swore at me a great deal and threatened me two or three times and said he would not go back with me he said he would follow the Bushrangers and carry their things for a month, I could see the river when I left them they steered farther into the Bush from the river when they sent me off. I got into a scrub and lost myself when I left them they had five or six pounds of flour a good deal of tea and sugar four double barrelled  pieces two muskets I do not know how much ammunition they had no other horse than my master’s the stranger made me walk about twenty or thirty yards from the rest of the men during the greater part of the journey none of the party took any rest whilst I was with them we travelled all Monday and Tuesday night we stopped during the day to have refreshments we frequently found creeks  of water I did not hear Bevan or either of his companions threaten any person.

Signed Joseph Dawson

His x mark

Taken before me at Launceston the 18th day of Jany 1830

Signed W Lyttleton

The further examination on oath of Joseph Dawson who saith the examination which I gave on the 18th January has bee read to me it is true this man Thomas Rares / Roses? Is one of the men who were with Bevan he was armed with a double barreled Gun and stood sentinel in the Yard

P236

Whilst I was in the kitchen with my legs tied this pair of Boots are like those served out to me by my master this man, Rare, led my Master’s horse part of the way in the Bush, I do  not know that he carried any of the articles which were stolen from my master’s premises he carried a knapsack but I do not know what was in it

Signed Joseph Dawson

His x mark

Sworn before me at Launceston the 3rd March 1830 and read to the Deponent in the presence and hearing of Thomas Rares

Signed W Lyttleton

The examination on oath of George Lawson who saith I am free and live with Mr Archibald Thomson I recollect his House being Robbed by John Bevan and two other men on a Saturday night about two month ago. I think this man Thomas Rares was one of the Robbers but I am not sure, one of the men was very like the prisoner he was armed with a double barreled piece I am sure one of the Robbers wore this blue jacket they called that Robber Britton none of my clothes were taken away I am sure this pair of leather boots were stolen from Mr Thomson that night. I know them by the shape the make and appearance of the leather they were made by one of Mr Thomson’s men.

Signed George Lawson

Swore before me at Launceston the tenth day of March 1830 and read to the Deponent in the presence  and hearing of Thomas Rares

Signed W Lyttleton

[left margin: produced by Mr Horton {boots}]

p237

The examination on oath of Mr James Hortle of Norfolk Plains District Constable who saith on the eighteenth of last January Thomas Rares was brought to the Police Station at Norfolk Plains he had absconded from the service of Mr William Brumby about three weeks before that time he had received a Gun shot wound in his left arm, I searched him and tooked from his person this pair of leather  half boots this bluecloth jacket this pair of white drill trowsers this striped waistcoat this white cotton shirt marked Archibald Thomsons no 3 and this cowland? Cotton handkerchief they are in the same state they were when I took them from him except being washed I marked them as soon as they were washed they were not of my possession until I brought them to the Police Office at Launceston where I saw them locked up in a chest and have this morning taken them from the same chest and in the same state as they were deposited there.

Signed James Hortle

Sworn before me at Launceston the 14th May 1830 and read to the Deponent in the presence and hearing of Thomas Rares

Signed W Lyttleton

P238

Memo?

Thomas Rares was apprehended by Mr William Brumby who is now in Hobart Town

Thomas Rares saith I have nothing to say I have no witnesses to call

P239

Copies

14th Jan 1830

Rex vs Thomas Rares

Burglary

Sent originals 17 May 1830

Tried at the June sessions 1830

[bushrangers – in pencil]

p240

The information of David Brodie of Launceston who deposeth and saith – as follows

This paper a placard produced I saw stuck up in the Public Streets of Launceston yesterday evening. It is signed “Henry Helps”

I have heard there are several copies of this placard, some of which I have seen myself.

David Brodie

The information on James Lewis Willis.

This placard signed Henry Helps, is the hand writing of the person whose name it bears, formerly a convict employed as a clerk in the Police Office.

Jas Louis Willis (signed)

Police Office

Launceston

2nd October 1831

Henry Helps ordered to find sureties to be of good behaviour for the next six months

W Lyttleton

P241

12 October 1831

Henry Helps

Breach of the Peace

Decided

Chfron?  8/

Chfron 2/

10/

[poster – in pencil]

National Library of Australia Manuscript collection MS3251

box 2 – vol 3-1829-1833

ECHOES OF BUSHRANGING  Days in Van Diemen’s Land BRADY, McCABE, PERRY, GEFFREYS and BRITTON    1834  to 1837

p242

10.363/12

Principal Superintendents Office

12th July 1831

Memorandum

The Lieutenant Governor has ordered Samuel Monday [Mundy?/Munday?] /Almorah/ and Patrick Riley [Commodore Hays] now working in irons to be forwarded to Maria Island by the first opportunity to be employed as Sawyers at the Settlement.

Josiah Spode [signed]

A.Gunn

Superintd

House of Correction

P243

The information and complaint of George Hobler of Killafaddy in Van Diemen’s Land taken upon oath before me, one of his Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, this first day of February in the Year  of our Lord One Thousand eight hundred and thirty which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):

On the evening of the thirty first of January /yesterday/ Mrs Hobler mentioned to me that our daughter Mary had complained to her that she did not like the Prisoner Wilson that he was a nasty fellow, and further told her mother that he came to her where she was swinging unbuttoned his trowsers and exposed his person indecently to her, taking out his “Diddle”, the child also stated that the Prisoner had done the same thing the day before.

This morning I took the child to the spot where she described this transaction to have taken place. She showed me where Wilson had stood

P244

On both occasions and she (the child) told me he had made water in her presence with his face towards her exposing his private parts and looking at her at the same time.

George Hobler (signed)

P245

The examination of MARY HOBLER 7 years old in Van Diemen’s Land taken upon Oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, the 1st Day of February in the Year of Our Lord One thousand eight hundred and thirty, in the presence and hearing of [blank]

Duly charged before me, upon Oath with

Having willfully indecently exposed his Person to the said Mary Hobler

Which said deponent on her oath deposeth and saith as follows

Yesterday the thirty first of January I was swinging on a swing when the Prisoner Thomas Wilso came to where I was and unbuttoned his trowsers standing with his face towards me, it was in the yard, when he unbuttoned his trowsers, he shewed me “his Diddle” and laughed at me making water at the time – I then went away to the front of the House, my little

P246

Brother went with me he never shewed me his Diddle before this time he came up within two or three paces of me when he made water. I told this to my mother at tea time about an hour afterwards.

Mary  Hobler

Her X mark

P247

The prisoner Thomas Wilson in his defence states that he was making water against some Bank my back was turned to the child – I swear I never faced her at all.

Sentence: to receive one hundred lashes

N Donavan ? [signed]

W Lyttleton [signed]

P248

The information of

George Hobler and Mary Hobler re: Thomas Wilson

Indecently exposing

His person

Decided

[100 lashes – in pencil]

p249

COPY

Van Diemen’s Land

To Wit

Margin] Joseph Moore

Butcher

Free

£50

The information and complaint of Joseph Moore Butcher of Launceston in Van Diemen’s Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemens Land and its Dependencies this twenty ninth day of January in the Year of our Lord One Thousand eight hundred and thirty one which said Informant on his oath aforesaid deposeth and saith as follow. Yesterday evening about eight o clock the twenty eighth of January I was sitting in my Parlour adjoining my shop in front of which a quantity of meat was hanging exposed to sale upon hooks, when I observed John Baptise the prisoner passing through the veranda where the meat was hanging

P250

I instantly got up to see who it was and on looking round I missed a fore quarter of lamb from one of the hooks I immediately followed the prisoner /who had made off/ and overtook him with the quarter of lamb in his hand holding it concealed under his arm, I asked him what he was doing with it, he said he merely took it off the hook to see if any one was watching the shop and that he intended to bring it back again, I took it from him and gave him in charge to a Constable who came up at the tie, this quarter of lamb is my property and the same I took from the prisoner it is worth two shilling and sixpence.

Sigd Joseph Moore

Sworne before me being first read in presence of the prisoner

Sigd W Lyttleton

P251

[Left margin – John Lawrence constable]

The examination of John Lawrence a constable of Launceston in Van Diemen’s Land taken upon oath before me one of His Majesty’s Justices of the Peace

For Van Diemen’s Land and its dependencies the twenty ninth day of January in the year of Our Lord  One Thousand Eight Hundred and thirty one in the presence and hearing of John Baptise duly before me charged upon oath with stealing and feloniously carrying away one quarter of mutton or lamb the property of Joseph Moore of Launceston. Which said Deponent on his oath aforesaid Deposeth and Saith as follows yesterday evening the twenty eighth of January about eight o clock I was walking up the street towards where Joseph Moore lives when I saw his going after the prisoner I saw

P252

Hi take a quarter of mutton from under the Prisoner’s arm Moore asked me if I was a constable I said yes he then gave the prisoner in charge for having stolen a quarter of mutton – I believe this to be the same mutton that Moore took from the prisoner – The prisoner said he did not take it to steal but to see if Moore kept a sober steady shop and that he was going to take it back again for that he had plenty of provisions without stealing and more than he could make us of and that he had plenty of money and would pay for it – Moore refused to be paid for it saying her would not look over those kind of things – I then took him to the Watch House

Sigd John Lawrence

Taken before me the day and year first above written

Sigd WL

P253

COPY

Van Diemen’s Land

To Wit

The examination of James Robertson of Launceston in Van Diemen’s land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and is Dependencies the twenty ninth day of January in the year of our Lord one thousand eight hundred ad thirty one in the presence and hearing of John Baptise duly charged before me upon oath with stealing and feloniously carrying away one quarter of mutton or lamb the property of Joseph Moore of Launceston which said Deponent on his oath aforesaid Deposeth and Saith as follows –

On yesterday evening the twenty eighth of January about eight o clock I was passing by the end of the street where Joseph Moore lives when I saw Moore Overtake the prisoner John Baptise and take from him a quarter of lamb which

P254

He was carrying under his arm. Joseph Moore accused him of stealing it when the prisoner said he had taken it for fun or something to that effect and offered to pay for it when Moore said he would not look over it and would take him to the watch house, a constable coming up at the time Moore gave his in charge I then went away I think this quarter of mutton is the same I saw Moore take from the prisoner.

Sigd James Robertson

Taken before me the day and year first above written

Sigd WL

P255

Copy of information

In the Moore

Vs Baptise

Felong

Committed for trial before supreme court

Tried before the Court of Quarter sessions Joseph Hone and John Welsh Esq and a military jury

25th June 1831

Guilty

Sentence 7 years

P256 [repeated on 271]

[March 1831 – in pencil]

The statement of John Thompson watch house keeper /late Veteran’s/ free who saith, the Monday night 21st instant Robert Milcove? Ayton, assistant at the hospital

Came to the Watch House, where Francis Shawl/Shaws? The hospital messenger was confined by order of the Police Magistrate, He asked to see the prisoner, I told him he could not see him, nor could any other persons he then said Dr Spencer? Is like a man out of his mind. Jane Torr   who was missing from the hospital was/with Dr Spencer all night he added Dr Spencer wrote me a note this evening saying “Ayton do what you can for me”, and I am come to try you as an old Soldier to do me the favour to let me see Frank, to make it all right. He told me he had burned the note, I then told him I would report the circumstance to the Police Magistrate, I would sooner suffer

P257

Death than that it should be known to Mr Lyttleton “for God’s sake” he repeated “don’t report it”.

Jane Torr   has repeatedly told me when confined by the Police Magistrate in the watch house on bread and water, for being found absent all night from her? Master’s /Mr Gunn’s service/ that she had been all night with Dr Spencer the Colonial Assistant Surgeon

John Thompson

Taken by me and read over to the Deponent before affixing his signature

24th March 1831

W Lyttleton

Fn [iv]

P258  [repeated on pp 270]

The statement of Benjamin Rodgers, constable, who saith as follows, on the Monday morning last at dawn of day /near half past five o clock/ whilst on duty I was passing near the hospital Gate when I saw Jane Torr, Mr Gunn’s assigned female servant, a patient ordered to be confined in the Hospital, coming towards the Gate, she had a handkerchief in her hand, containing a night cap – she had no bonnet or cap on her head, I asked her where she came from, she would not tell me, I told her she had been out all night the Hospital Gate was locked I observed I then went to the room? Where Mr Ayton slept but instead of finding the overseer I found Francis Shawl in Ayton’s bed , he was fast asleep, and I awoke him, I asked his how Mr Gunn’s servant came to be out all night, he then called me on

P259

One side/ he had got up and put on his trowsers/ and told me he had let her out by Dr Spencer’s Orders, I then told him to get the key, and let in the woman, I then went to Elliott, the Doctor’s mate, and asked him if he knew that Jane Torr had been out all night, he said he knew nothing of the matter, I told Francis Shawl he should report the matter, he said he could not help it, he had done no more than he was ordered to do by Dr Spencer, I then left the Hospital.

Benjamin Rodgers (signed)

Taken by me, and read over to Deponent before affixing his signature

W Lyttleton

24th March 1831

p260 [repeated on p274]

131

The statement of Francis Shawl convict, who saith I am messenger to the Hospital on Sunday night, I went to bed in the Hospital about ten o clock Mr Ayton came after the patients were in Bed and locked me up, about five o clock the mat? (Monday) morning, Ayton came to my Bed and let me out, he told me to go into his pace, and to get into his bed, whilst he went out, which I did – I remained until about 6 o clock, when Ayton returned he made no remark, except that it was time to get up, at this tie Jane Torr was missing from her ward – She was brought in by Constable Rogers before six o clock, I told Rogers she was out the night before, I did not see her until brought in by constable Rogers, she

P261

Might have been out all night and I not know it, when Jane Torr was brought in by the constable she said she had slept all night in Dr Spencer’s House She shewed me a pound of silver which she said she got from Mr Scott . Ayton sleeps every night with the nurse Elizabeth Tinsal? Who is a convict, he used to sleep with Mary Temple also, who is now married to John Laverty. I have been frequently sent out to bring spirits to the Hospital there is scarcely a day passes without the women getting spirits in Hospital, if I don’t bring it others do, one night a Chinese came to the hospital with two others of his country man, one of them went into the women’s ward and after being there , he went to Ayton’s Room and Ayton then

P262

141

went away with them, Mr Ayton always locks me and the Wardsman up every night, Mr Ayton sometimes pays at cards with the women in their ward, and they sometimes drink together there.

Francis Shawl?

His x mark

Taken by me and read over to deponent before affixing his mark 24 March 1831

W Lyttleton

P263  fn [v]

151

The statement of William Clark convict, assigned to Mr Arundel Wright, who saith I have been assigned to Mr Wright about 12 months –

I have been in the practice of going to the hospital by my master’s orders to bring a convict woman named Mary Minshull  To his House, I might have been there a dozen times – Mary Minshull has frequently been at Mr Master’s House whilst she was a patient in the Hospital – on  one occasion she came in the day time my master was at the Cataract Superintending the Chain Gang she went there to him.

Sworn by me and read over to deponent 25 March 1831

Willim Clark (signed)

W Lyttleton (signed)

P264

Mary Minshull, convict, confined in the Hospital as a patient. The Reverend Dr Brown states that I saw Mary Minshull at various times walking down the streets, I know she was a patient in the hospital at the time. I asked why she was walking about the town when she was a patient in the hospital, he   told me she had Dr Spencer’s permission to go and look for a place – I observed she could not be always looking for a place and asked if she was not a Prisoner? Ayton  replied yes but she had the Doctor’s permission I considered I could not then interfere any further.

P265

24 March 1831

Information

Re

Dr Spencer

P266

[Jan 1831 – in purple pencil]

In the complaint of David Williams District Constable Paterson’s Plains

Versus

John Short residing on the Complainer’s premises

The complainer humbly begs leave to trouble our worships with a short statement of facts connected with the present case and before doing so, he takes the liberty of mentioning that this Defendant was some time domiciled under Mr Donald Campbell but that gentleman was not agreeing with Mr Short’s principles, he swore the peave against Mr Campbell , who consequently turned him away – He next applied to Mr James Hill Jun or Dun Eden who feeling for Short gave him a residence at his Farm, but this he had soon reason to repent, as Short’s conduct became extremely annoying, and Mr Hill was under the necessity of putting him away from his premises – the Defendant next applied to the Complainant, who feeling for his distressed situation, took compassion on him, and upon the 9th of September 1826, he Granted Short an acre of Ground adjoining his own house at an yearly rent of one shilling, but he had not long entered into possession, when the complainant had good reason to repent of having admitted such a character on his premises. Every thing was a fauet?, the complainant’s pigs and poultry became a nuisance to Mr Short, and nothing would satisfy him, but to have them shut up, or otherwise secured, so that they should not go at large as formerly – infact the complainant could neither do, no say anything to please the Defendant, who on the other hand was exerting every faculty to disturb and annoy the complainant and his family, which he exhibited by open warfare and latterly he entered a regular complaint to Mr Mulgrave the then Police Magistrate, against the complainant but that gentleman after hearing parties dismissed the complaint at same time admonishing Short and telling him that he must certainly be a very ungrateful man.

Short finding himself thus far baffled is all his attempts against the complainant, he next accuses him, his family and Domestics of stealing Blankets from his house at

P267

A time, he said, he was from home. The complainant being indignant at such an accusation, particularly when he always studies to avoid going near the defendant’s premises and prohibited in like manner all his domestics from such and he gave himself no unneasuresss?  At this false and malicious manipulation as he particularly foresaw, that it was propagated with the sole view of irritating him to some breach of the peace? But Short however not contented with the complainiens peaceable demeanour in this affair, he applied to Mr Simpson Magistrate and swore the peace against the complainant and his family, who were thereby obliged to find security to keep the peace, but Mr Simpson then emphatically observed that  ????? saw through the case, an that it evidently originated from private malice.

Not satisfied with all this, Short continued his? Accustomed uncivility towards the complainant ad his family by opprobious epithets, and aggravating gestures, for the evident purpose, and with the intent, of provoking the complainant with a Breach of Peace whereby he might forfeit his Bail Bond, and when he was in the act of putting a Fence adjoining the allotment occupied by Short he? Called out you bloody b—–r you shall not put your fence to join mine  and actually pulled it down, the complainant being still unwilling to have any altercation with this troublesome individual being still under Bond to keep the Peace with him, he however was determined not to put up with such treatment longer and accordingly the complainant proceeded to Mr Mulgrave and complained of this last aggression , when that Gentleman advised him to go and put up his fence and that if Short annoyed him a second time to report the same to him and he would put a stop to Short’s further disturbance – Short it appeared had got notice of this, and the complainient got his fence completed without molestation.

Matters now remained tolerably quiet till within a month ago, when Short called on the Complainant and wished him to purchase a quantity of bark he had on hand for which he offered him 25/- as there were not nearly a load, the complainant filled his Cart with a quantity of bark

P268

He had of his own to make out a load, and Short accompanied the cart into Launceston – on returning however between 12 and 1 o clock of the day, and on the road towards Paterson’s Plains, Short again commenced his favourite spring? In abusing the Complainant and his wife who was also present, with scurrilous and opprobrious epithets, and by calling the complainant a Bloody b—-r and that he should make a miserable man of him yet &c

It is therefore in consequence of this last insufferable and wanton attack, the complainer has been impelled to prefer the present complaint to your worships, but before concluding it may be necessary to remark that since you were pleased to put Short under Bail on the 31st ultimo, he came up towards the Complainien’s House and after venting his usual declamations against the complainer and all his family, he added  you bloody b—-r I will fix you yet, and when he was desired to go home and not disturb the Complainant and his family, he continued his outrageous conduct till he arrived at his own house when he discharged two shots towards the Complainant’s House either out of a pistol or a Gun, at the same time using the most vehement excretions against the complainant and all his family – about the middle of the same night, Short fired another shot towards the Complainant’s Premises accompanied with a repetition of his former threatenings and these circumstances can be proved by 5 witnesses.

Upon the whole it is humbly submitted that a more outrageous, diabolical and troublesome individual will scarcely be found in Van D’s Land, and that the complainant’s wife and family are in danger of their lives by the individual, and as he humbly looks to your worships as the Guardians of the Public, for Protection, both as a private individual and a Public Officer, so the complainant humbly trusts you will inflict such exemplary punishment to put him under such restraint as will prevent a repetition of such glaring and illegal Breaches of the Law.

And as my Duty bounds The complt

Shell ever pray

David Williams (signed)

[D Williams – left margin]

p269

complaint of

David Williams

V

John Short

Jany 1831

10/- bond

8/ bond

5/

2/6

1/

£1.6.6

p270 March 1831 in purple pencil [repeated from pp  258]

/1/

Private

The statement of Benjamin Rogers, constable, who saith as follows, on the Monday morning last at dawn of day /near half past five o clock/ whilst on duty I was passing near the hospital Gate when I saw Jane Torr, Mr Gunn’s assigned female servant, a patient ordered to be confined in the Hospital, coming towards the Gate, she had a handkerchief in her hand, containing a night cap – she had no bonnet or cap on her head, I asked her where she came from, she would not tell me, I told her she had been out all night the Hospital Gate I observed was locked. I then went to the room where Mr Ayton slept but instead of finding the overseer I found Francis Shawl in Ayton’s bed , he was fast asleep, and I awoke him, I asked his how Mr Gunn’s servant came to be out all night,

P271

he then called me on one side/ he had got up and put on his trowsers/ and told me he had let her out by Dr Spencer’s Orders, I then told him to get the key, and let in the woman, I then went to Elliott, the Doctor’s mate, and asked him if he knew that Jane Torr had been out all night, he said he knew nothing of the matter, I told Francis Shawl he should report the matter, he said he could not help it, he had done no more than he was ordered to do by Dr Spencer, I then left the Hospital.

Benjamin Rogers (signed – original]

Taken by me, and read over to Deponent before affixing his signature

W Lyttleton

24th March 1831

p272 [repeated on p256]

/2/

The statement of John Thompson watch house keeper /late Veteran’s/ free who saith, the Monday night 21st instant Robert Milcove? Ayton, assistant at the hospital

Came to the Watch House, where Francis Shawl/Shaws? The hospital messenger was confined by order of the Police Magistrate, He asked to see the prisoner, I told him he could not see him, nor could any other persons he then said Dr Spencer? Is like a man out of his mind. Jane Torr   who was missing from the hospital was/with Dr Spencer all night he added Dr Spencer wrote me a note this evening saying “Ayton do what you can for me”, and I am come to try you as an old Soldier to do me the favour to let me see Frank, to make it all right. He told me he had burned the note, I then told him I would report the circumstance to the

P273

Police Magistrate, I would sooner suffer death than that it should be known to Mr Lyttleton “for God’s sake” he repeated “don’t report it”.

Jane Torr   has repeatedly told me when confined by the Police Magistrate in the watch house on bread and water, for being found absent all night from her? Master’s /Mr Gunn’s service/ that she had been all night with Dr Spencer the Colonial Assistant Surgeon

Jno Thompson

Taken by me and read over to the Deponent before affixing his signature

24th March 1831

W Lyttleton

P274 [repeated from p260]

131

The statement of Francis Shawl convict, who deposeth and saith as follows – I am messenger to the Hospital on Sunday night, I went to bed in the Hospital about ten o clock Mr Ayton came after the patients were in Bed and locked me up, about five o clock the mat? (Monday) morning, Ayton came to my Bed and let me out, he told me to go into his pace, and to get into his bed, whilst he went out, which I did – I remained until about 6 o clock, when Ayton returned he made no remark, except that it was time to get up, at this time Jane Torr was missing from her ward – She was brought in by Constable Rogers before six

P275

o clock, I told Rogers she was out the night before, I did not see her until brought in by constable Rogers, she might have been out all night and I not know it, when Jane Torr was brought in by the constable she said she had slept all night in Dr Spencer’s House She shewed me a pound of silver which she said she got from Mr Scott . Ayton sleeps every night with the nurse Elizabeth Tinsal? Who is a convict, he used to sleep with Mary Temple also, who is now married to John Laverty. I have been frequently sent out to bring spirits to the Hospital there is scarcely a day passes without the women getting spirits in Hospital, if I don’t bring it others do, one night a Chinese came to the hospital with two others

p276

of his country man, one of them went into the women’s ward and after being there , he went to Ayton’s Room and Ayton then went away with them, Mr Ayton always locks me and the Wardsman up every night, Mr Ayton sometimes pays at cards with the women in their ward, and they sometimes drink together there.

Francis Shawl?

His x mark

Taken by me and read over to deponent before affixing his mark 24 March 1831

W Lyttleton

[red ink]

John Laverty

V

Mary  Temple

memo

the Revd Dr Brown has state to me, that the Husband of this woman complained to him, that his wife had slept with Ayton the night previous to her marriage in the Hospital, and assigned this as a reason for his refusing to marry her after being asked in church.

W Lyttleton

25 March 31

p277

/5/

Eliza Jones being sworn states I have been a patient in the Hospital for about a fortnight on Tuesday last overseer Ayton was asked by me for leave to go out for sell? An hour? – Ayton told me I might go for two hours, I accordingly went away, and I got intoxicated I was taken up by order of the Police Magistrate about half a mile from the Town and returned? Back to the Hospital a man named Gould heard Ayton give me leave to be absent from the hospital.

Eliza Jones

Her x mark

Taken before me this 12 March 1831.

W Lyttleton

P278 [see p264 for more evidence by Dr Brown in this case]

/5/

Statement of the Reverend Dr Browne LLD who deposeth and saith as follows

I have seen Mary Minshull a female convict confined in the Hospital, at various times walking about the streets in the Town – she was then a patient in the Hospital. I asked Ayton who is in charge. Why Mary Minshull was allowed to walk about the town when she was a patient in the hospital?, he replied she had Dr Spencer’s permission to do so, and that she was looking for a place. I observed shed could not always be searching for a place, and asked if she was not a prisoner Ayton replied, yes, but she had the Doctors permission – I then considered I ould not interfere any further.

Taken before me in the presence of Revd D Browne

14 March 1831

p279

Statement relative to Hospital &c

Launceston

Private

No.1

[in pencil:

Benjamin Rogers

John Thompson

Francis Shawl

Eliza Jones

D Kirwan

P280

Present

W Kenworthy

GS Davis esq

Long Meadow 31st July 1833

296 Joseph Holton? Martins 7 years
1033 Francis Macklin Georgiana 7 years
485 James Arnold Elizabeth 7 years
895 William Mitchell Larkins 7
- John Can Georgiana life
718 John Williams Earl St Vincent life
560 Wr Johnston Lord Lyndock 7
1172  [x in grey pencil] Thos Case John Life
1399  [x in grey pencil] Thomas Challin Longland? Life  – Col secty
5/850 James Hanaway Malibu/City of Edinburgh 7 yrs/life
630 [Boy – 75 = in pencil] Andrew Hading? Serjrainer??? life
1281 John Ward Larkins 14 years
60 John Yales Lady Harwood Life
281 Jeremiah Gram? Royal George 7
1613 Joseph Bainstow Strathfieldsay Life
963 Samuel Warns? Thomas Life
827 WM Robinson L Wm Bentinck 7 years
452 Thos Taylor York 1 Life
296 John Jones Woodman Life

P281

32 Wm Vaughan Carl H Vincent 14 years
363 Wm Allington W? Charles Forbes 14
810 James Clark Asia 2 7 extd 3
1256 John Watson Highegh?? 7
563 Henry Perkins Thomas Life
1000 John Coper/Cooper Surry 7 yrs 14
356 Wm Jones Mw Miles Life
1545 George Board? Highegh?? Life
Acct? John Jolly York Life
131 George Osborne Elizabeth Life
John Carins/crews Ellen Mar???ner 12 months Launceston
Wm Harwood? Manlius 2 Gave 7 years
977 Joseph Massam Cath E Stewart Forbes 14 years

Ms 3251 NLA vol 1829-1833

[Long Meadow 31st July 1833]

Insubordination

W Nottman being sworn states I am supt of the Road Party at the Long Meadows – This morning it was reported to me by the overseers and constables that the men confined in the Gaol refused to go to their  work – I went there immediately  and

P282

When the door was opened I asked them twice what was their reason for not going to work but no one made any reply.

M Nottman (signed)

James Barfoot being sworn saith I am overseer of the Gang employed at the Long Meadow when I went to turn the man out this morning that were confined in gaol to their work I found them lying and sitting down  on desiring them to turn out – several men from the farther end of the gaol cried out no – and none of them offered to move – I made a second attempt in about ten minutes with no better affect and then reported it to NW Nottman – One man named Clark said no we had played up with them they would play up with us.

James Barfoot

James Davies being sworn states I am a constable stationed at the Long Meadows – this morning the overseer – James Barfoot sent a man to me to say that they men confined in the gaol refused to go

P283

Out to their work – I went down to the gaol and enquired the reason why they refused to go to their work – but no one made any reply nor did any one offer to move – they have not been at work all day.

James Davies

His x mark

Defence – the Prisoners have nothing to say

Sentence – one hundred lashes each and James Clark one hundred and fifty

Wm Kenworthy (signed)

JC?  Davies (signed)

Entd JKC ?

P284

31 July 1833

Information

Vs

Prisoners in the Road

Party

See Extract this date

P285 May 1833 in purple pencil

Island of Van Diemen’s Land

To Wit

Distress warrant

To Mr Thomas Newton District Chief Constable of the said Island and to all petty Constables an others whom it may concern

WHEREAS John Adams Publican of Launceston in the said island was on the third day of Mary 1833 in Launceston in the said island, duly convicted, before one William Lyttleton Esquire William Kenworthy and GS Davies Esquires three of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, upon an information in that behalf duly exhibited before me

For that he the said john Adams did on Sunday the 14th day of April last  on his Licenced Premises knowingly permit and suffer persons to remain tippling and drinking they not being bona fide travelers or inmates of the said house

Contrary to the Provisions of the Act in Council of this Island, No: 2 entitles “An Act for regulating the sale of wine and of Beer, Rum and other malts and spirituous Liquors by Retail and promoting good order in Public Houses”.

By which said Offence and by Virtue of the said Act, he the said

John Adams

P286

Became liable to pay the Penalty or Sum of Ten Shillings besides the Costs and Charges of the said conviction, which Costs and Charges were on the said Third day of May ascertained and assessed at the Sum of five shillings and six pence the said Penalty or Sum of Ten shillings to go and be distributed as in and by the said Deed? Is provided

And it appearing to me the said Justice, that the said, John Adams, hath neglected to pay the aid several sums, or either of them, or any part thereof, and that the same still remains unpaid, I do therefore hereby authorize and require you the said Constables, either of your jointly or severally to forthwith make distress of the goods and Chattels of him the said

John Adams

And if within the space of five days next after such Distress by you taken the said Penalty r Sum of Ten Shillings and also the Costs and charges of the said Conviction shall not be paid, that then you do cause the said Goods and Chattels by you seized to be appraised and sold rendering the overplus (if any), to him the said John Adams after deducting the said Penalty or Sum of Ten Shillings and coast and charges as aforesaid, as well also the Costs and Charges and all incidental expenses of the said Distress and Sale and which said Penalty or Sum of Ten Shillings you are to pay to me the said Justice to go and be distributed, as is herein- before mentioned, and if sufficient distress cannot be had or found whereupon to levy the said Penalty or Sum of Ten Shillings and Cost and Charges as aforesaid, you are hereby required to certify the same to me, together with the return of this precept.

Herein not fail.

GIVEN under my Hand and Seal, at Launceston this 14th Day of May One thousand eight Hundred and thirty three

W Lyttleton

P287

John Adams appears and Pleads Guilty to the annexed information

Fined ten shillings and costs

W Lyttleton

W Kenworthy

GS Davies

Police Office

Launceston

3rd May 1833

p288

INFORMATION ACT NO. 2

ISLAND OF VAN DIEMEN’S LAND

TO WIT

BE IN REMEMBERED, that on the twenty seventh day of April in the Year of our Lord One thousand eight hundred and thirty three at Launceston in the said Island of Van Diemen’s land, cometh

John Keenahan  In his own proper person before me

William Lyttleton Esquire

one of  His Majesty’s Justices of the Peace for the said Island and its Dependencies

And giveth me the said Justice to understand and be informed that

John Adams of Launceston

In Van Diemen’s Land aforesaid, licenced Publican on Sunday the fourteenth

Day of April instant did in his licenced Public House situate in Launceston aforesaid, being the sign of “The Barley Sheaf”

Knowingly permit and suffer

Persons to remain tippling and drinking they not being bona fide travelers nor inmates of the said House

Against the Conditions of his the said John Adams

, Recognizance in that behalf entered into, and against the Form of the Act in Council of this Island, no.2, intituled “An Act for regulating the Sale of Wine, and of Beer, Rum, and other Malt and spirituous Liquors by Retail, and promoting good Order in Public Houses”, by which said Offence, the said

John Adams

Hath become liable to forfeit and pay the penalty of Ten Pounds whereupon the aid

John Keenahan prays that the said

John Adams may be summoned to appear and answer to this information, and make his defence thereto.

Exhibited and taken the Day and Year first above written, before me,

W Lyttleton (Signed)

John Keenahan (signed)

P289

3rd May 1833

Keenahan vs Adams

Publican

Breach of his recognizance

Fined Ten shillings

??? 4/6

c?? 1/

5/6

??????????

ch?  8/?

T?? 5/

13/00

p290 March 1833 – in blue pencil

Van Diemen’s Land

To Wit

The information and complaint of James Fenton  who deposeth and saith as follows

On Saturday afternoon the 23rd instant I was in my house in Wellington Street Launceston, when between four and five o clock, John Connolly came into my house, and asked me what was the cause of the dispute between his wife and me, I told him what had occurred, and the treatment I had received from her, he was leaving my house when he turned round and said “you bloody monkey what have you to do with the pig” and struck me on the face with his fist, he challenged me to fight, but I refused I swear that I am I bodily fear that he will further abuse me and I pray that justice may be done.

James Fenton (signed)

Sworn before me this 25 March 1833

W Lyttleton (signed)

P291

Van Diemen’s Land

To Wit

The information and complaint of James Fenton who deposeth and saith as follows

I am a Gunsmith and reside in Launceston. On Saturday morning the 23rd instant a servant man of Mrs? Connolly came to my house and asked the price of a suckling pig, I told him eight shillings : – in the afternoon he returned and offered me six shillings stating I owed Mrs Connolly two shillings, I denied that I owed her any thing. After this Mrs Connolly herself came and asked me what I meant by the message sent by her servant I said there was nothing improper in the message I sent, for that I did not owe her two shillings and therefore would not pay her. She then said that she would have it out of me and taking up a handful of stones she threw them at me, and this

P292

Cut on my head was made by one of them. She then went home, I am much hurt by the stone she threw at me and am afraid she will do me some serious bodily harm and pray that justice may be done.

Sowrn before me this 25 March 1833

James Fenton (signed)

W Lyttleton (signed)

John Connelly Pleads not guilty

Thomas Tomkinson sworn saith – on Saturday the 23rd of March instant I was at James Fenton’s  house there was a dispute between James Fenton and John Connelly and Mrs Connelly I did not see any blows

P293

Pass – as soon as Connelly came I went away.

I heard some words but I did not hear what they were

Thomas Tomkinson

His x mark

Thomas Tompkinson realled states

I saw Fenton’s head bleeding before Connelly came

John Smith sworn saith I am a prisoner employed in the Post Department.

On the 23rd of March instant I was at John Connelly’s Public House Mrs Connelly went me to James Fenton’s for a Pig, I went and offered him six shillings for the pig

P294

And two shillings which Mrs Connelly said Fenton owed her he replied making use of horrible language that she should not have the Pig – I returned and told Mrs Connelly the message I had received – Mrs Connelly said she would ask Fenton what he meant by sending such a message

John Smith (signed)

Jeremiah Donohoo (?Donoghue) sworn saith I am a prisoner employed in the Government Works on the 23rd March instant I was at james Fenton’s house Mrs Connelly came up and asked Fenton what sort of a message that was to send to her – Fenton took up a piece of Dirt

P295

And threw it at Mrs Connelly and called her a B____y whore. I told him to stop he threw another piece of dirt and knocked Mrs Connelly’s cap off as she was running away – I did not see Mrs Connelly throw any thing at Fenton.

Jeremiah Donohoo

His x mark (did sign this ‘x’)

William Brighton

Sworn saith on the 23rd instant I heard some loud conversation take place between Mrs Connelly and James Fenton. Fenton called

P296

Mrs Connelly a B____y Whore and Sow. I saw Mrs Connelly’s cap and comb fly off from soething I believe thrown at her by Fenton. Mrs Connelly threw womthing at Fenton.

Wm Brighton (signed)

Charge Dismissed

Police Office Launceston

29th March 1833

Theodore Bartley

GS Davies

Matthew Curling Friend fn[vi]

(all signed)

p297

29th March 1833

Fenton vs

Jno Connelly and Catherine Connelly

Assault

Dismissed

Cw £1.3.

c/? £ -.5.-

£ 1:8:-

p298

Clarence Pl ???   1st Nov 1833

Sir,

I beg leave to acquaint you that the undermentioned prisoners have been brought before me viz:

Oct 1833

-7  Benjamin Hudson no. [blank] pr Circassian 7 years assigned to the Revd Robert Gibbs of Clarence Plains

Charged by his overseer? Robert Hancock with insufferable insolence to him on Friday and Saturday last and likewise by his mistress with gross insolence to her yesterday morning.

Sentenced to received twenty lashes

-12  Thomas Alexander No. [blank] pr Surry? 2nd sentence? Assigned to John McRa of Restdown?

Sentenced to receive twenty five lashes for gross prevarication in his evidence to me this day upon oath in a case of Trespass.

-16 Samuel Dean no [blank] pr Sir Chas Forbes 2d Seven yrs assigned assigned to Thomas Free of  Clarence Plains.

Charged by his master with maliciously malsing? (bashing?) and assaulting a man, his property and with being grossly insolent to himself.

Sentenced to received twenty lashes.

To William J? Parramore Esq

Police Magistrate

Richmond

over

P299

1833

October

-17 Thomas Harris No [blank] pr Proteus seven years assigned to John Gibson of Clarence Plains Charged with insolence to him. Admonished.

-19 George Harwood No787 Asia 2 fourteen years assigned to Daniel Manfield Clarence Plains. Charged by his master with returning drunk last night from town when in charge of some valuable property and with thus? Committing a most violent and outrageous assault H? Balling, upon him. Also by constable? Robinson with escaping from his custody  when taking him to the watch house in a cart.

Sentenced to be imprisoned and kept to hard labour for twelve months and afterwards to be sent to the other side of the island.

-19Robert Fox no 306  pr Andromeda sentence Life assigned to Daniel Stanfield Clarence Plains Charged by his master with disobedience of orders in refusing to come to his assistance when assaulted and beaten by George Harwood  and with afterwards using threatening language to him.-

Sentenced to receive fifty lashes and afterwards to be assigned into some other district.

Over/

P300

1833

October 13, 2009

21 Thomas Smith pr Lolus? Sentence seven years

Thomas Pickering no [blank] pr Elizabeth seven years

Assigned to John Morrisby Clarence Plains. Charged by Constable Robinson with being absent from their master’s place, without a pass, on Friday night last, and with having Guns in their possession – dismissed having had their master’s permission.

31 – Geo Scott no [blank] pr Clyde – sentenced life – assigned to the Rev Robert Gibbs Clarence Plains. Charged by his overseer Robert Hancock? With being extremely insolent and abusive to him yesterday morning. Sentenced to be kept to hard labour for two months.

I have the honor to remain

Sir

Your most obed

LR? Dawson  JP (signed)

Sent?

J Geo? Mc Neilly  PC (signed)

P301

? October 1833

SR Dawson Esq

Magistrate Returns

P302

Police Office Launceston

10th May 1833

Thomas  Kelly Appears to the annexed information and pleads not guilty

Thomas Seddon sworn saith, I am a constable at Launceston, on the night of the 18th of last month about nine o clock I was in company with the chief constable on duty. He went to the Public House called the sign of the Elephant and Castle . I saw a prisoner of the crown named Ann Bennett there she was standing up in a Dance with many others. I was ordered by Mr Newton? To take Ann Bennett out of the House as it was after hours.

Fined ten shillings  & costs

GS Davies

Matthew Curling Friend

(signed)

p303

INFORMATION ACT NO. 2

ISLAND OF VAN DIEMEN’S LAND

TO WIT

BE IN REMEMBERED, that on the   sixth day of May in the Year of our Lord One thousand eight hundred and thirty three at Launceston in the said Island of Van Diemen’s land, cometh

THOMAS NEWTON  In his own proper person before me

William Lyttleton Esquire

one of  His Majesty’s Justices of the Peace for the said Island and its Dependencies

And giveth me the said Justice to understand and be informed that

THOMAS KELLY of Launceston

In Van Diemen’s Land aforesaid, licenced Publican on Sunday the EIGHTEENTH

Day of April  NOW LAST PAST instant did in his licenced Public House situate in Launceston aforesaid, being the sign of “The ELEPHANT AND CASTLE”

Knowingly permit and suffer

Ann Bennett a prisoner of the crown to remain after the hour of night she not being a bona fide traveler nor an inmate of the said house.

Against the Conditions of his the said THOMAS KELLY

, Recognizance in that behalf entered into, and against the Form of the Act in Council of this Island, no.2, intituled “An Act for regulating the Sale of Wine, and of Beer, Rum, and other Malt and spirituous Liquors by Retail, and promoting good Order in Public Houses”, by which said Offence, the said

THOMAS KELLY

Hath become liable to forfeit and pay the penalty of Ten Pounds whereupon the said

THOMAS NEWTON prays that the said

THOMAS KELLY may be summoned to appear and answer to this information, and make his defence thereto.

Exhibited and taken the Day and Year first above written, before me,

W Lyttleton (Signed)

Thos Newton (signed)

P304

10th May 1833

Newton vs Kelly

Publican

Breaking Act of Council no 2

Fined Ten shillings

Ck 5/6

Con 1/

6/6

[elephant and castle – in pencil]

p305

Vane Diemen’s Land

To Wit

Matthew Curling Friend  – in left margin

The information and complaint of Matthew Curling Friend Esquire who being sworn deposeth and saith – On the morning of Wednesday the twenty fourth day of April instant, I was sleeping in a room of the House occupied by William Lyttleton Esquire in Launceston – About five o clock I was awoke by my wife who stated that someone was in the room – I then heard a noise and immediately called out “who is there?” receiving no reply I threatened to shoot the person if they did not speak – I heard a rustling in the room, and receiving no answer I sprang out of the bed and perceived by the little light which shone in at the window a man who appeared to be trying to conceal himself between the bed and the wall – I immediately seized him and called for assistance, Mr Lyttleton directly came to my assistance armed with a Blunderbuss, and with his

P306

His aid and that of a constable we secured the man and found it was the prisoner now at the Bar named Francis Wright who is Clerk to me as Port Officer – I missed nothing from the room, but there was property consisting of trinkets of considerable value lying on the table – the prisoner was close to the table, he offered but little resistance, he was unarmed and talked incoherently when questioned.

Sworn before me this 24th day of April 1833

TL? GS Davies (signed)

[sgd] Mat Curling Friend

p307

Van Diemen’s Land

To Wit

The information of Mrs Mary Ann Friend who deposeth and saith – On Wednesday morning the twenty fourth of April instant I was in bed in a room in Mr Lyttleton’s House I had been asleep – between four and five o clock I was awoke by hearing a noise in the adjoining room like some one moving about I at first thought it was only fancy – presently I again heard a noise like a door opening – the room has two doors, one was bolted on the inside the other merely latched – I had closed the door that was bolted myself previous to my retiring to bed, hearing the noise continue like some one grasping about the room I aroused Captain Friend who jumped up and seized a man at the foot of the bed – I got up and found the door as left latched just open

P308

I ran out = it was quite dark and some time before daylight.

On going to bed I had placed on the dressing table a watch and jewels of considerable value, but I do not miss anything whatever.

I ran out of the room leaving Mr Friend with the man and called Mr Lyttleton to assist – I did not return to the room until after the man was taken away.

Sgd Mary Ann Friend

Sworn before me this 26th of April 1833

T GS Davies

P309

Van Diemen’s Land

To Wit

The information of Wiliam Lyttleton Esquire who being sworn saith On Wednesday morning last the twenty fourth of April instant about five o clock before daylight, it was  perfectly dark, I was asleep and aroused by Mrs Friend calling for assistance saying that some one was murdering he husband. I took a loaded blunderbuss and proceeded to the room occupied by Mr and Mrs Friend. Mr Friend then told me he had seized a man and requested me to call a constable – I told him I had a Blunderbuss loaded with Buck Shot and that if the man attempted to escape I would blow him to atoms – I then called for the constable on duty – Constable Rogers came, I told him there was a man in Captain Friend’s room, and to go and secure him – Rogers went in and shortly after

P310

Brought out the prisoner /Francis Wright/ accompanied by Captain Friend who stated that he was his clerk. I ordered him to be taken to the Watch House until morning about 2 o clock in the morning before I went to bed I had been to my stable – the prisoner could not have followed me in to the best of my belief. – On obtaining a light I proceeded to Mr Friend’s room, and on a table I saw a valuable necklace and other articles of jewelry which Mrs Friend had worn that evening. The prisoner talked about an our afterwards when I saw him in the Watch House in a most incoherent manner and said he had been driven into the house by a bullock.

SC? W Lyttleton (signed)

Sworn before me this 26th April 18333

Sd  GS Davies

P311

Van Diemen’s Land

To Wit

[left margin – Benjamin Rogers constable]

The information of Benjamin Rogers who deposeth and saith I am a constable at Launceston on the morning of Wednesday last the twenty fourth of April instant I was on duty at the Police Magistrate’s House – a little after five o clock I heard the clock strike about a quarter of an hour before I heard a noise in the house I went round to the back door, but could not get in, the door I allude to is the kitchen door not the house door not being able to get in I went round again to the front the door was opened – Mrs Friend called me I ran in Mrs Friend told me that Mr Friend had got some one in the bed room – I ran into the bed room, it was quite dark

P312

I felt about the room and found Mr Friend holding a man, I took hold of him and both together we took him out of the house – the day was just dawning – it was the prisoner present – Francis Wright . I took him to the Watch House with the assistance of another constable – on the way he told us that he had followed Mr Lyttleton into the house – he talked incoherently.

S  Benjamin Rogers

Sworn before me this 26th April

S  GS Davies

P313

Van Diemen’s Land

To Wit

[left margin:

John Brown Free

£50:0:0]

The information of John Brown who deposeth and saith I am a Baker, and reside at the corner of Saint John and Cimitiere Street Launceston. The office of the Port Office joins my house – the Prisoner Francis Wright I know, he is Clerk to the Port Officer. On the night of the twenty third of April instant about half past eight o clock not quite so much, he came to my house got a light and went away, about eleven o clock I was in Bed and was disturbed  by a noise. I heard the prisoner running from the front door to the back and talking to himself – I heard his voice – this continued all night – about half past four o clock on Wednesday morning the 24th April I heard him on the top of the shingles

P314

Of the skilling of my house, I called to him, his reply was “If bullocks were chasing you as they are me you would be glad to get into my place out of the way” these were his words as hear as I can repeat them – shortly after this he left which I think must have been about half past four o clock.

Sgd  John Brown

Sworn before me this 26th day of April 1833

Sgd  GS Davies

P315

The prisoner Francis Wright states he has nothing more to say than that he was in a state of intoxication.

Before me this 26th April 1833

Sgd  GS Davies

P316

26 April 1833

copy

Rex vs Francis Wright

Burglary

Supreme Court

[Captain Friend ???? – in pencil]

p317

Island of Van Diemen’s Land

To Wit

The information and complaint of Anthony Cottrell who saith as follows:

I am Chief Constable at Launceston. Last week I was informed that the following articles which had been stolen by the bushrangers Ward & others were in the house or on the premises of James Hilley?/Hissey?/Kissey?  and John Summer situate on the east bank of the River Tamar.

These are as follows: viz three large silver spoons, one silver fish slice, one silver ladle?, several shirts, handkerchiefs, stockings& waistcoats,one corduroy jacket and several other articles, this property was stolen part from Captain Kneale? Of George Town and part  from Capt Stuart’s? Overseer? On the Tamar, from the above information I have

P318

Reason to believe that part of the whole of the said property is in the houses or on the premises of the said James Hilley?/Hissey?/Kissey? and John Summer and assign??? For a warrant to search the premises.

Anthy Cottrell ch:col (signed)

Sworn before me this 19th Feby 34

Wm Kenworthy

P319

19th feby 1834

intv  Anthony Cottrell

Search warrant

Not found

No fees

END OF VOL

ms 3251 1826 box 2 vol 2

Echoes of Bushranging Days in Van Diemens Land: Brady, McCabe, Perry, Geffreys and Britton
1826
Manuscript 3251. box 2 – vol 2 1826. Collection of the National Library of Australia.

TRANSCRIPT:

inside cover erased name:

L ______ s

Launceston

1926

who had these Volumes and had bound them pre  Ferguson’s 1930 acquisition from Ridge’s antique shop in Launceston?

p1

The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith four or five days before I was apprehended by Mr Leith’s servants Barrett and Spong I was near Clayton’s old Hut about a mile from Saltmarsh’s Hut at the back of Norfolk Plains between eleven and twelve o clock in the forenoon when I was hailed by a strange man who asked me who  I was, he had a double barrelled Piece in his hand and immediately he spoke to me I jumped behind a tree and said I am a stock keeper he replied ground your arms, I had a musket in my hand but no  pistol I said I am a Bushranger and if you do not ground your arms I will blow your brains out, he did not ground his arms, I fired at him he returned my fire, I loaded again and fired at him a second time and he immediately fell, I reloaded my musket and went to him, he was lying on his back he wore a straw hat, green cloth trowsers, a checked shirt, and ankle shoes, he had a strip of a black silk handkerchief round his hat, he had neither powder not shot

p2

about him, he had no jacket waistcoat or neck handkerchief he had only one pocket in his trowser there was nothing in it but some pieces of waste papers, when I fired at him my Gun was loaded with two Balls I wounded him in the Belly, he was taller and stouter than Mr McKinnon, his hair was about the colour of Mr Sinclairs he had whiskers about  the same colour as his hair they were not very large – the place where I shot him was about four hundred yards from the Bridge over the creek between Clayton’s Old Run and Mr Archer’s Run and below the Bridge, I dragged his body ten or twelve yards towards the creek where there was near a cart load of old dead wood which I threw upon the man I had shot and set fire to it he had a black and white Dog and a red and white one with him, I coaxed these dogs to me they were little cur dogs I tied a stone round the neck  of each of them and drowned them in the creek near the fire which was close to the creek I stopped a few minutes until the fire was well lighted, I took nothing from his person, but burnt his straw hat with the rest of his clothes and the Body I should have taken his shoes

p3

but they were too small for me, there was some high bladed grass where I made the fire, I examined the man’s double barrelled Gun both Barrells were unloaded I tied some brown paper round the lock with an old black silk Handkerchief and hid the Gun in an hollow fallen tree that laid about fifty yards from the Creek and three hundred yards above the Bridge on the same side as Clayton’s Hut; about an hour and a half after I had shot the Man I went to Saltmarsh’s Hut there was nobody there but a woman and child, I told her I wanted sugar and ammunition she said she could not give me any I must take it, I took about a quarter of a pound of Tea, three or four pounds of sugar and half a pound of Gunpowder, I ate some bread and butter and drank some tea and smoked my pipe in the Hut where I remained about an hour, there was no man in the Hut whilst I was there, I formerly lived with Mr Thomas Whyte of Norfolk Plains. I did not tell the woman I had lived with dandy Whyte, I slept in the forest that night about five miles from the Hut the next night about fourteen miles from the place near the Penny Royal

p4

Creek the following night I slept near James Hortle’s Hut, the next night at the Western River about three miles above Mr Leith’s remained there all that day and the next night and was taken about nine o clock the following morning by Spong and Barrett and was taken by them to Launceston and lodged in Gaol.

I never saw William Haywood until I saw him in Launceston Gaol.

[nothing further on this page – go to p146 for another copy of this statement]

p5

The examination of Robert Peet who saith, I am a convict and assigned to Mr Wedge the Deputy Surveyor on Tuesday night the 15th of March his tent was pitched near Arthur’s Lake, I was returning towards it with Mr Wedge about sundown, Mr Wedge was about twenty yards before me, two men came up to him from the tent, one of them, who I have since learned was named Brady had a double Barrelled Gun in his Hand, and two pistols in a Belt round his body, one of them was Mr Wedge’s, it was in the tent when I left it in the morning, the other man /called McCabe/ had a musket in his hand which also was in the tent that morning, he had likewise a double barrelled pistol in a strap  round his body; he took Mr Wedge’s watch out of his pocket, Mr Wedge asked him for the seal, which he said was a keepsake, McCabe then said your

p6

Brother is a good man, and returned the watch to him, Brady then tied my hands behind me, George King a servant of Mr Wedge’s was in a smaller tent near Mr Wedge’s tent, he called to me to untie his hands, mc Cabe said “you bloody rogue I will blow your head off if you do not be quiet” there? were two Guns broke and lying at the back of Mr Wedge’s tent, Brady said after stopping about half an hour that I must go with them and carry their knapsack; Brady told me to look at a star and travel in that direction, after we had gone a short distance from Mr Wedge’s, Brady took me in a different path up a steep hill where they found a knapsack containing tea and sugar, there was also a musket and a rifle, there were two shirts, an iron pot, and some pannikins, all Mr Wedge’s, in the knapsack, there was a Bag of flour upon the top of the knapsack, Brady had on a pair of Drab Reneignance? Trowsers and a black silk

p7

handkerchief Mr Wedge’s property. MCabe had a Black cloth jacket, a pair of kerseymere trowsers a spotted waistcoat a black silk handkerchief and a black silk handkerchief also Mr Wedge’s these things the men had upon their persons when they went up to Mr Wedge; they would not let me see the place from whence they fetched the knapsack, they said there was a quantity of Mr Wedge’s clothes planted in the place from whence they brought it and its contents, Brady had a spyglass which I saw the next morning, all the articles I have mentioned were in Mr Wedge’s tent on Tuesday morning when I left it, they took one dog from the tent which went away from them the same night, they stopped that night within a mile of the tent they made me sleep between them, on Wednesday morning they set off at daylight, making me carry the knapsack, Brady carried the flour and hid the musket and rifle near

p8

where we  slept (they said they had a quantity of Captain Clark’s and Captain Lackets? property hid in a Marsh close to Arthur’s Lakes) they steered the whole of that day by the sun, and did not top till dark, when they made a fire by a creek near a stock yard which I believe is Captain Ritchie’s, towards night we came through a long plain, they said they had a Horse in the Bottom of it, which they stole from Mr Kemp; on Thursday they travelled about ten miles, and stopped at three o clock in the afternoon, the next night we got to a large river which we forded, and stopped near it till Saturday morning, that night we came to another Large River, we slept on its Bank, and crossed it the next morning, it rained on Sunday, and they did not travel more than three or four miles, we saw several men at a distance they travelled about fifteen miles on Monday and stopped by a creek on Tuesday we went about six miles, on Wednesday about nine miles

p9

on Thursday about ten miles, that night we saw the sea to the northwards, from a high hill, on Friday we got upon a hill from whence we saw George Town, on Saturday morning we came to a large arm of a River, where we saw a Hut and some Guns? close to it, up to this time they had travelled in a Northerly direction they there altered their course passed the Hut and went along the River same distance from its Banks, they said that they were looking out for the FAME in which they meant to go to Macquarie Harbour and get ten? men whom they knew, we got to Mr Gildas’s  about four o clock that afternoon, Mr Gildas and his man were shearing sheep in the sheep yard a man named Capper Crofts was the first we fell in with, Brady tied his hands behind him, then went up to the sheep yard, called out Mr Gildas’s servant and tied his hands, he then called to

p10

Mr Gildas, who said he would not be hid, Brady presented and cocked his piece, Mr Gildas then submitted to him his hands tied behind him; Mr Gildas said it was a great shame they should rob poor people, he had been robbed enough; they ordered Mr Gildas and the other two men into the House, untied his servants hands, and obliged him to get some dinner cooked; it was fried pork, tea and damper; half an hour after Brady untied Capper’s hands, and in about two hours I observed that Mr Gildas’s hands were swelling, I told Brady it was a shame to keep them tied, he said silence! or I will tie your hands, three quarters of an hour afterwards, Brady ordered me to untie Mr Gildas’s hands (Brady had a Gould watch in his pocket which he said he took from Captain Lacket) about ten  o clock that night

p11

Capper went to bed in a loft over the Room where we were, Mr Gildas and his man went and slept in a place part from where we were, we were in the skilling and slept on the floor near the fire, Brady and McCabe made me sleep between them as usual, neither of them kept watch that night, the next morning we breakfasted there, Mr Gildas did not breakfast with us; about two o clock that day Brady said he saw a Boat coming down the River, he looked at it with Mr Wedge’s spyglass, he then took the knapsack made me take the bag of flour and with McCabe went up the hill at the back of the House and stopped about 70 yards from it, I saw two soldiers get out of the Boat, there were nine men in the Boat, they remained there three or four hours, during which time Capper and Mr Gildas’s Government man Dan, who said he

p12

was a shipmate of Brady’s came to us twice called Brady on one side each time, and whispered to him, I overheard Capper on one of the things tell Brady that there were two soldiers, Serjeant Kerwin and a private, and a Constable in the Boat, that the FAME would come down the River on Monday with a woman named Emma in it, on Saturday Brady found Gildas’s fowling piece and took the cask (Cap?/cork?) off it , and put it in a tea cup, this Gun and the cork were left in Gildas’s House when we went up the Hill on Sunday to avoid the Soldiers; after the soldiers had gone away, McCabe and Brady proposed going back to Gildas’s. Capper and Dan who came to tell us the soldiers were gone, said that they would be seen, and get them into trouble, Brady and I then made a fire,  we remained there until eleven o clock the next morning, Capper and Dan came to us about sunrise, they went kangaroo hunting, and brought us

p13

one, which we cooked with some pork that Brady took from Gildas, McCabe took an Iron Pot away with him, Capper ate some of the Kangaroo, Brady did not order Gildas’s man to fetch his a kangaroo, neither did McCabe; we got to Bushman’s hut about sundown on Monday night, there were two men at the door, these men went into the Hut, Mc Cabe pushed against the door of the Hut, which was put to, with his piece, cocked it and said he would fire it they did not open it, it was then opened, John Basham and another man named Joseph Hands/Hindes? were in it, Brady ordered them to get some supper ready, they cooked some mutton, and made some tea, we all slept in the hut that night, McCabe and Brady laid with their feet against the door, we remained there all day on Tuesday, and Wednesday, on Thursday morning soon after day light some one knocked at the Hut door, Brady and McCabe were then lying on the ground with their feet against the door, I was in bed

p14

with Basham and Hindes, when I heard the knock at the door some one outside said “Who is here, John Basham?” either Brady or Basham replied “Nobody but ourselves” Hindes immediately jumped against the door and said for God’s sake let me get out, I cried out I am a  pressed man. (fn[i] )

Brady and McCabe were standing with their piece pointed to the door, Hindes got out of the door; as Hindes was going out of the door a person outside fired into the Hut. Basham and I got out of the Hut, as soon as I got out of the Hut I saw three soldiers one of them named John Butts ran after John Basham and wounded him with his bayonet, another  soldier named Samuel Brooks? cried out that is John Basham, Butts said “Oh dear I am sorry” McCabe had fired at that time, only two shot had thin? McCabe fired about a minute afterwards. I ran up to the corporal and told him I was a pressed man. He and Brooks attempted to fire their pieces into the Hut three or four times, they missed fire, one of the soldiers bash? in the window of the Hut fastenings to fire into the Hut, his piece snapped, the Corporal presented and snapped his piece at me twice before

p15

I could get up to him; after Butts had wounded Basham the soldiers got behind trees in the  rear of the House, McCabe then came out of the House and fired two or three times at the soldiers, Butts fired once at McCabe from behind a tree; Brady was not then out of the hut, the soldiers were about fifteen yards from the Hut, after McCabe had fired three of four times Brady came out of the Hut and with McCabe ran into the Bush in front of the Hut, the soldiers then went down to the edge of the Bush, but did not pursue the Bushrangers farther, it did not rain at this time, the soldiers did not have their bayonets fixed, the Corporal then desired me to give him the things that belonged to the Bushrangers, I gave him the knapsack containing some ammunition, some tea, sugar, flour, and an iron pot and two pistols one of them silver mounted which belongs to Mr Wedge the other I found under the bed clothes belonged to Mr Basham, I found the pistols inside the Hut hear the door along with a bundle of Ball cartridges, the soldiers got Mr Bashan’s Boat

p16

I helped John Basham into it and with Hindes accompanied the soldiers to George Town. From the time we left the Lake until we arrived at Gildas’s we did not fall in with a single person, we subsisted the whole of the time upon flour mixed with fat and Baked on flat stones we had plenty of tea and sugar. I am sure the soldiers could not have seen McCabe or Brady when they fired into Mr Basham’s hut. I did not see Mr Gildas after we left his house on Sunday

Robert X Peet

his mark

Taken before me at Launceston the first day of April 1825

PA Mulgrave JP

p17

George Seals, bring sworn saith I am an acting corporal in the third Regiment of Foot, I went to Bashams Hut on the River Tamar last Thursday morning between seven and eight o clock with two Privates of my Regiment. John Butts and Samuel Brooks in search of Bushrangers pursuant to orders received from Captain Lockyer, Butts knocked at the door of the hut, and said “John is there anybody here beside yourself” someone with said “no”, the door was then opened ajar by some one inside, and Joseph Hindes ran out, and said for God’s sake do not shoot me I am a stockkeeper, a shot was then fired from the inside of the hut, into the hut, Butts immediately fired John Basham immediately ran out of the Hut and Butts ran after him and stabbed his with his bayonet, which was fixed (we  fixed our bayonets immediately Hindes ran out of the Hut), Brooks called out Butts that is Johnny Basham

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Butts replied is it I am sorry for it I did not know him, I broke the window of the Hut with my Bayonet and saw a man inside who I attempted to fire at, my musket missed fire, Samuel Brooks attempted to fire several time into the Hut, his musket missed fire, immediately after John Basham came out of the hut Robert Peet followed him, I snapped my musket at him, he said I am a pressed man, Butts went after him, I called him back. Butts then looked into the Hut and attempted to fire through the hold in the Hut his Gun missed fire, he cocked his piece again and fired it through the Hole, three shots had been fired from the Hut at this time, finding that neither my piece not Brooks could be fired, I took my party behind some trees at the back of the Hut, I did not know how many men there were in the

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Hut; a man came out of the Hut presented his piece at Butts and retreated into the Hut without firing; he and another man then came out, and ran into the forest in front of the Hut, Brooks and I had put our locks to rights, and I had just finished loading our  muskets when the men ran into the scrub, I took my party to the edge of the scrub but could not see anything of the Bushrangers, I did not think it worthwhile to pursue them, I got Basham’s wound dressed in the best way I could and took him to George Town with Peet and Hindes; before we left the Hut, Peet gave the party two pistols, one of them silver mounted which he said belonged to his Master Mr Wedge, the other was a small arm which he said belonged to Mr Basham as well as a musket

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Peet also gave me a knapsack containing two bags, two pieces of pork, a towel, some remains a small quantity of tea and sugar, two rounds of ammunition and a kangaroo rug all of which he said had been brought with the Bushrangers he said the kangaroo bag was his own

George X Seals

his mark

[Xenophon Herne BASHAM - The Family Research of Monique Jones

Xenophon Herne BASHAM was born in 1772. He was christened on 22 Feb 1774 in Bartlow, Cambridge, England. He was buried in Sep 1827 in Georgetown, Tasmania] aged 55.

p21

Joseph Hindes being sworn saith I was free on the first of March and reside on the farm of Xenophon Basham, on Monday night about sunset his son John Basham was with me in his Hut I saw three men coming towards it one of them had a double barrelled Gun and two single barrelled pistols in a Belt the other had a musket and a double barrelled pistol the other man had a knapsack I did not see that he had any arms the man who had the double barrelled Gun pushed the door open with it and said to me you are a bloody soldier I said I was not he said if I had been a soldier he would have blown my brains out, the other man took a Gun from Basham ordered me to get some water, he went with me, they obliged me to cook some mutton and make them some tea, the man who had the knapsack said he was a pressed man and had been taken from the Western Mountains; one of the other men inquired after the Government Boat Fame

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and said he would stop there till he saw her, that he wanted some Flour, they remained at the hut till Thursday morning, whenever John Basham or I went out of the Hut one of them armed men accompanied us; they obliged us to give them some of Mr Basham’s mutton; the man named Peet gave no orders, on each night they stopped at the hut the two armed men obliged me Basham and Peet to sleep in a bed, they laid with their feet against the door and their arms by their sides as well as a musket belonging to Mr Basham there was only one Door to the Hut, between six and seven o clock on Thursday morning, before any of us were up, some one knocked at the door and said is anyone here Basham said “who is there?” one of the armed men said to him hold you noise or I will blow your brains out and put a pistol to his head. The armed me were busy

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preparing their arms, I opened the door and slipped out, exclaiming let me get out of this for God’s sake spare my life I am Mr Basham’s stock keeper; there was a soldier at the door with his musket presented he pushed it against the door, and attempted to fire at one of the armed me his piece missed fire, another soldier then fired into the Hut, I do not know if Basham was out of the Hut at this time; a shot was then fired from the hut, I saw two of the soldiers attempting to fire their pieces  at the Hut they missed fire. Basham came out of the Hut, one of the soldiers wounded him with his Bayonet, Basham then cried out “I am Basham” the soldier said I thought you were one of the Bushrangers I am very sorry; Peet was alongside of Basham when he  was wounded the soldier who wounded Basham is named Butts, Peet and I carried Basham to the Stock yard about twenty yards from the Hut and one of the soldiers beat

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in the window of the Hut and attempted to fire  into it, I believe his piece misfired; the soldiers then went to some trees about thirty yards behind the Hut, one of the Bushrangers came our of the Hut; and fired three of four shots towards the tree; I am not sure if the soldiers fired any shorts from the trees – The Bushrangers ran into a scrub in front of the House; the soldiers then came to the edge of the scrub and stopped. I am sure ten minutes must have lapsed between the time that I hear the knocking of the door and the time when the soldiers left the front of the hut, they repeatedly tried to fire their pieces into the Hut but they only snapped I am not certain that the soldiers fired more than one shot, I do not know  if the soldiers had their Bayonets fixed when they went from the front of the Hut, I believe they had, I never saw any Bushrangers at Basham’s hut before. The Bushrangers only left one Pistol behind them that they brought there one of those given to the soldiers by Peet belonged to Mr Basham

Joseph X Hindes

his mark

p25

Cornwall

Van Diemen’s Land

To Wit

The information of Thomas Watson holing a Ticket of Leave, who being sworn saith I live near Mr Henry Clayton’s Hut, to the westward of the large Lagoon, at the back of Norfolk Plains. About ten o clock last Tuesday morning I was in company with John Cains/Cairns between my house and William Fields Stock Hut when we met seven armed men, three of them on Horseback there was one unarmed man whit them the armed men ordered me to stand and a man they called Goodwin took my Musket from me they then said they wanted to go to the supply River and that I must conduct them there, I told them I did not know where it was one of them said I must take them there or I should take nobody else there we stopped that night about five miles above Field’s Hut on the Penny Royal Creek they kept no guard during the night the Horses were laden with a keg of rum some Flour Tobacco Tea and Sugar and a small bag of onions, the next day we had got upon Mr Dry’s Run when they desired me to shew them the way to Leith’s, they said they would hang him and his woman up to dry and they asked if Mr Compton was

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at Quamby’s, I told them he was not, and persuaded them not to go to Leith’s, about three o clock that day we fell in with a Flock of Cattle bye the side of the Western Creek, Brady and Bryan rode down a Heifer which Bird killed and a hind quarter was divided and put upon two of the Horses we stopped that night on the west side of the Western River near Mrs Smith’s Hut, at a place called Michael Howes Marsh, we did not see any of her people, the next day /Thursday/ I told them I could not guide them any farther and they then steered by Compton’s to the northwards and went about ten miles through a thick scrubby and Hilly country, we stopped that night and the whole of the next day and night near a creek which ran to thee Southward and eastward we arrived at that place about three o’  clock on Thursday and after unloading the Horses a man called Brady took Cairns the man who was unarmed when I met Brady, and who says his name is Thomas Reid and the three Horses some distance from the party and returned with the two men without the Horses the next day about eleven o clock, Brady said he had taken the Horses so far into a thick scrub and over so much broken

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Timber that he could not get them back again, but was obliged to return by the path he made in going into it on Saturday morning they divided the luggage into ten parcels and each of the party carried one they steered towards the northwest until they fell in with a stream which ran nearly North and continued along it until three or four o’clock in the afternoon. About seven o’clock on Sunday morning the party continued their passage along the Bank of the river until they came in sight of some new Buildings Brady first perceived these Buildings and ordered Cairns and I to have our hands tied behind us and went towards the Buildings with one of his companions called Murphy and Thomas Reid, they returned in about two hours when Brady said that he saw through his Glass that the Buildings belonged to the Mill on the Supply River  and that he would go higher up the river to Gildas’s where he had been before, we arrived at Gildas’s about three o’clock that afternoon James Gildas was the only person then there. Brady and three of his comrades made three of four oars that afternoon for a Whaleboat that was lying at highwater.

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mark. Brady and four or his companions slept with Cairns Reid and I that night in the Straw Yard two of the Bushrangers and Gildas slept elsewhere on Monday morning they removed the whaleboat to Gildas’s wharf and kept her afloat the whole of the day the Bushrangers said with the intentions of intercepting the Commandant’s Boat which they had heard was to pass from George Town to Launceston that day with the Commandant that they intended to shoot him, cut  off his Bloody Head and throw his overboard, this conversation passed amongst themselves, a man called Bird said the most about what they would do to the Commandant Gildas Cairns and I remonstrated with them and endeavoured to persuade them from their purpose of killing the commandant, until two or three of the Bushrangers especially Bird threatened to run the Bayonet into us, they said they wished they could get to Launceston, that they would blind and cross? Mulgrave, and serve out old Dry, Brady seemed fully determined  on coming into Launceston and purposed going to Mr Dry’s first and then to the police Office and wanted me to shew them the way over the cataract which he said I must do

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if they failed in taking the Brig Glory which they said was coming down the River. All the time we were at Gildas’s he was in charge of one of the Bushrangers called Goodwin, between seven and eight o clock last night, I said to Gildas “will you fetch the meat for supper”, he said “yes”, and immediately left the room where he and I were sitting in company with Murphy and Godwin, about five minutes afterwards brady came into the Room and said to Goodwin “where is the old man” Goodwin replied “he is just goen out” five or the Bushrangers then went in search of Gildas and returned in about ten minutes and said they could not find him, about half an hour afterwards a Boat was heard coming up the River Brady ordered Reid, Cairns and I to be taken to the river side where our hands and feet were tied by his comrades, who with Brady kneeled down upon on knee close to the River side, with their muskets presented whilst they were in this position a Boat with four or five men besides Mr Thomas Whyte ran in immediately abreast  of the Bushrangers and about the centre of them; the bushrangers said as the Boat touched the shore “Lay down lay down every one of you lay down or we will shoot you, is the commandant here  which

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is the commandant?” some one in the boat said, “the commandant is not here” one of the Persons in the Boat wore a white Hat, Bird said “this is the Commandant, we have got you”, and knocked that person down with the But end of his Piece, that Person I afterwards heard called Captain Smith, when he was down he said “I am not the Commandant” “do not illuse me” the Bushrangers then ordered th persons in the boat to go to the House accompanied by some of them whilst the rest untied the legs of Reid Cairns and myself, and also marched us into the house; when Brady  looed very hard at Mr Thomas Whyte and said, “Oh Mr Whyte we have got you at last, many a time you have chased us but we have caught you now”, Whyte said he had never done them any harm and that he hoped they would not take his life. All the Bushrangers continued to threatened and abuse Whyte for several minutes because he had chased them, Whyte said he was a Kings Officer and was obliged to do his Duty; similar conversation continued several minutes, when Goodwin who was standing sentinel at the door ordered every one to be silent and not speak a word; Whyte some time afterwards ordered the men who came with him in the Boat that were talking to be silent, when one o9f the Bushrangers said “yes and we will silence you

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by and by” the door of the House was then opened and Brady enquired if any Prisoner had come in the Boat with Whyte, one man said he had been made a Prisoner by Whyte in the Straits, he was ordered out of the House and Brady said to him now you are free, go which was you like, the man replied there is nothing against me I do not want to go, Brady said “well do as you like” he then ordered Cairns, Reid, and I to go out of the House, and our hands to be untied, he then told us to go into another room where there were two of three of the Bushrangers and get our suppers, whilst we were eating one of those Bushrangers said “the Glory is gone past, and we have missed our liberty on account of that old Bugger running away”, another replied “it is all right still, we can have her yet”, the other answered “we cannot do it, Boats will be from Launceston before we can get her out of the Heads”, others of the Bushrangers then came into the Room, one of them proposed to shoot Mr Whyte, others to crop his ears, and others to make his go down to the Glory, hail her, go on board, and navigated her for them, some of the Bushrangers

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then said they would not take the Glory on account of Parties, when Brady said, “oh damn it we will take the Boat belonging to the Duke of York out of the Heads and you Cairns must go with us and pilot her” Cairns said he never Piloted a Boat in his life, Brady said he should go, and ordered Reid  and I to take the luggage down to the Boat, we did so and retuned to the door of the House, Brady called Mr Smith out and asked him what property he had got in the Boat, Mr Smith said a suit of Black clothes in a canvas bag, Brady then went with me to the Boar and made me take the bag to Mr Smith, who said part of the things in it belonged to Mr Whyte /this was in answer to an inquiry from Brady/ who ordered him to take his own clothing out of the Bag, which he did, and Brady put the remainder into the boat; a long consultation took place amongst the Bushrangers during which it was said that Hilton and another convict were on board the Glory sentenced to Norfolk Island, and Brady recommended that they should be liberated, he then desired the other Bushrangers

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to got out and determine what they should do, they went out, and in about five minutes two of them came back and told Brady that they, the Bushrangers, wished to go on board the Brig Glory, and go down in her if she were attacked, I then asked Brady to let me go, he appeared perplexed, and said I do not know what to do, went out of the Room where we were, returned again, and called me and Reid out of the Room and told us he would let us go, Bryan one of the Bushrangers came up to Brady, and said “What shall we do with this Whyte, let us shoot the Bugger” I begged they would not commit any murder whilst I was with them, when Bird proposed to cut off Whyte’s ears, I said he has a wife and three children, when Brady answered “well we will not cut off his ears, there is no surgeon here, he will bleed to death, I will give him a reprimand, come Watson and Reid, go in here with him”, and then put us into the room with Whyte and his crew. Brady then told  Whyte that they had first proposed to shoot him, then not to take his life but cut off his ears, and afterwards to let him go on account of his family, and added “I do not think you are

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worthy to die yet, I will let you live a little longer and I hope I shall hear a better character of you”. Brady then gave a musket to one of the persons who came with Whyte after pouring water into the barrel, and taking out the flint, and said “I desire you will remain here all night, there is a sheet redy killed, which you may eat, and if any questions are asked about it say Brady gave it to you, Mr Smith there is a good Bed for you, good night Boys” and then shut the door and went away with all his party, about ten minutes or a quarter of an hour afterwards, I went our at the door and saw a Boatfull of men about sixty yards from the landing place, going obliquely down the River; I soon after went down to the landing place, Mr Whytes Boat was gone and a Government Boat that was lying there which had arrived soon after Mr Whyte came there, and whale crew where made Prisoners, whilst Mr Whytes crew Reid, Cairn and I were confined, and were put into the Room with us that Boat was stove and lying high and dry, the Tide was three parts out when Brady and his party left Gildas’s.

The Bushrangers  kept no sentinel whilst they were in the Bush generally lighted their fires so soon as they stopped

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on an afternoon, and lessened the quantity of fire before they went to sleep, the names I heard the bushrangers called by were Brady, Bird, Murphy, a boy called Edward, John Tilly, Patrick Bryan and Goodwin who is sometimes called Simpson, they were all well dressed and each armed with a soldiers musket and bayonet, Brady had a double barrelled Pistol and the other Bushrangers had some one and some two Pistols, Bryan had a three barrelled brass Pistol, I believe they had about two hundred rounds of Ball cartridges when they left Mr Gildas’s besides a large quantity of loose powder and shot, a bag full of Tea, about eighty pounds of sugar, but not more than sis or seven pounds of Biscuit no flour, and no meat except one sheep, which they took from Gildas, also a bag of onions and some peaches; they had  a kangaroo bitch, I am not certain if there were any sails in the Boat.

One of the Horses was a dark brown coloured horse, another a bay mare, and the third a black mare, which the Bushrangers said they had taken with another mare from Mr Lawrence’s; the Bushrangers asked me what sort of a man Mr Lawrence was, I said I had never heard anything against him, they said that they had been informed that his overseer and

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some of his men had been after them, that the overseer had come up to Mr Laurence’s House whilst they were there, that they had fired at him but were not sure whether they had killed him or not, that they had burnt Mr Lawrence’s House and wheat on account of this overseer and men going after them, and taken away his horses, that if Mr Lawrence bore a good character they were sorry for him, and hoped he would get a better overseer.

I found this pistol marked /Scudamore & co/ after the bushrangers had gone from Mr Gildas’s by the side of a Bag containing some sugar near where they had piled their arms; they did not appear to place more confidence in Reid than in Cairns or I, they took Cairns away with them from Gildas’s he was not a sailor. I had no jacket on when the Bushrangers took me prisoner, they gave me this jacket the same evening, and said they had got it from Mr Young.

Whilst I was with the Bushrangers I gathered from what they said, that there were five more belonging to the Party not long ago, who had separated from them and were led by Patrick Dunn, and that Coady? was amongst them, who Brady said was a very good look out, I think they differed in consequence of some action they had in

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which they lost a man, and that they parted only a few days before they went to Mr Lawrences. I frequently heard them mention their Farm, and that when they were there altogether they used to run races with their horses, after the Bushrangers  left Mr Gildas’s, Mr Smith and some of the sailors left the House as they said the repair the Government Boat, returned in about half an hour,  had some tea and awoke Mr Whyte; who was asleep, and everyone left the House.

I saw no mutton salted at Gildas’s. After Goodwin had taken my musket from me the Party allowed me to hide it and my ammunition, I know where to find them.

I saw Gildas’s Boat that the Bushrangers made the oars for on the Sunday lying high and dry on the wharf, after they had

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left in Mr Whyte’s Boat

/signed/ Thomas Watson

Sworn before me  at Launceston this twenty eighth day of February 1826

[unsigned]

The further information of Thomas Watson who saith the Rum that the Bushrangers had with them was drank in the first three days after I had fell in with them, Murphy had charge of a bundle of plate amongst which I saw about twenty silver spoons and four or five silver cups with handles. When we were at Gildas’s the Bushrangers took a watch from Mr Whyte and one from Captain Smith they returned Smiths watch back but kept Mr Whytes.

Whilst Brad? Cairns and Reid were absent from the party on Friday morning Murphy took me up a Hill about three miles from the Party from which we saw Mount Direction and the River Tamar, we were absent about two hours.

The Bushrangers had a double barrelled Gun with them when they were at Gildas’s.

/signed/ Thomas Watson

Taken before me at Launceston this second day of March 1826

[unsigned]

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Watson and others

v

Brady and others

February 1826

p40

Cornwall

Van Diemen’s Land

To Wit

The information of Thomas Mc Court called by Michael Riley who being sworn saith. I know Michael Riley I was thrashing with him the whole of Saturday the fourth day of march until after sundown he passed the rest of the evening at my House and slept there that night

Thomas X Mc Court

his mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP

The information of Humphrey Blunt who being sworn saith I reside at the House of Thomas Mc Court and was there the whole of Saturday the fourth instant Michael Riley was there the whole of that day thrashing with Patrick Dogherty Thomas Mc Court was about the House but was not thrashing on that day, I am sure Michael Riley was not absent from the Premises of mc Court at any time on that day or in the evening, I have lived at mc Court’s house ever since I have not seen any stranger there except the  Bushrangers and that was on Sunday the 5th instant there were seven of them

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all armed they enquired for George Hacking this was about eleven o clock in the forenoon we had mutton for dinner that day there was no boiled beef in the house – I was confined to the Premises by lameness and am sure that both Dogherty and Riley worked there the whole of Saturday. I could hear the noise of two flails all day.

Humphrey X Blunt

his mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP [signed]

The information of Eleanor Mr Court who being sworn saith I am the wife of Thomas McCourt and reside with my husband at a place called the Cocked Hat Hill last Saturday fortnight Michel Riley was employed in thrashing along with my husband the whole of that day he was not off the Premises at any time on that day, seven Bushrangers came to my Husband’s house the next day about eleven o clock and desired a servant of Mr Quins to shew them the way to Mr Develin’s, I have not seen either of the Bushrangers since.

Eleanor X McCourt

her mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP [signed]

p42 Jan 1826 in blue pencil

Cornwall

Van Diemen’s Land

To Wit

The information of Mr Mark Wilson who being sworn saith, I was chief constable at George Town in the month of March last, I know James Gildas, he was a District Constable on the left bank of the Tamar, I had had many communications with his before last March on the Public Service, on the last Sunday in March I was at his House on my way from Laundeston Sergeant Kirwan was the only other passenger in the Boat, Seargeant Kirwin had a fowling piece I did not see any other arms in the boat, I do not know what time we arrived at Mr Gildas’s, we stopped there two or three hours, I walked round the House and by the Sheep yard, I saw no sheep near the House nor near the seep yard, which is close to the House, I did not go into Mr Gildas’s own apartments, he appeared much duller than usual, in general he was very talkative, but on this day he said very little to me and seemed low spirited; I said to him I wondered the bushrangers did not pay him a visit, he made me no answer,

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I am certain Gildas did not tell me that the Bushrangers had been at his House the night before, or give me the least intimation of it, I do not know exactly the time that I left Mr Gildas’s House that afternoon, the usual time taken to pull such a Boat as I was then in from Mr Gildas’s to George Town was five hours, the men pulled very hard, we arrived at George Town a little after eight o clock, I know John Croft, I did not see him at Gildas’s that day, Daniel Cummings Gildas’s assigned servant was there during part of the time I was there, I missed his from the premises during part of the time I was there:  I know Robert Peet, in the middle of the following week I was standing on the wharf at George Town, Peet was standing at the bottom of the steps that led from the wharf to the water, he turned round and looked at me, immediately come up the steps and said to me, I know you, I saw you last Sunday, I said, How do you know you saw me, he replied

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I will give you a description of your dress you had on a dark Big Coat and a Glazed hat, you took your Coat off and laid it upon the Singles of the Skilling as soon as you got up to the House, He continued, Brady and McCabe were with me, did not you see me go at the back of the House with a knapsack at my back just as you landed? I said I did not, he said it was Brady and McCabes intention to have fired into the Boat, but they perceived some person with a red jacket on, which made them think it was a party; he further said that Gildas’s hands had been tied just before we landed; he then left me, after I had cautioned him not to mention what had passed at Gildas’s until he went before MR Mulgrave, I never saw Peet before, I saw him that day at George Town, I have often observed that Gildas’s was very familiar with his man Cummings, I have seen him eat at the same table with him, and seen Mr Gildas put away the dinner things, whilst Cummings was sitting

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idle. I was not at Mr Gildas’s House on Saturday as well as on last Sunday in March

Mark X Wilson

his mark

[no witness, not signed]

The further examination of Robert Peet who being sworn saith I was at Mr Gildads’s House on the Tamar on a Saturday night the latter end of last March, with Brady and McCabe about ten o clock they both told Mr Gildas that he and Cummings might go to bed, they went out of the Room where Brady McCabe Croft and I were, into a little Haule a very short distance from it, I do not know if the door or the room where Gildas and his man slept was fastened outside or not, I saw Brady go out of the skilling twice during that night, I do not believe he went our often/after? Brady by dawn lay down with a pair of white trowsers on, Mc Cabe took off both his Jacket and trowsers, I know Mr Wilson, he was called Chief  Constable sat George Town, I saw him in a Boat at

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Gildas’s on the Sunday when I was there with Mc Cabe and Brady, I saw him get out of the Boat, pull off his Coat and throw it over some paling near a skilling, Mr Wilson went away from Gildas’s in the same boat he came in between two and three o clock, I saw Mr Wilson in the following Friday morning at the wharf at George Town and I told him that I had seen him at Gildas’s  the preceding Sunday with a Sergeant.

Mr Wedge and his party arrived at the lake as stated in my former information on a Tuesday, the fifteenth of March, I know it was on a Tuesday by the days, I was away from him on the next day Brady and McCabe came there and Robbed Mr Wedge of various articles, amongst the rest? of a spyglass this spy glass Brady had with him at Gildas’s, and on the Saturday had it in his hand in the skilling when Gildas Croft and Cummings were there, Brady said he had taken it from Mr Wedge.

Robert X Peet

his mark

Sworn before me at Launceston this twenty third day of March 1826

PA Mulgrave JP [signed]

p47

The examination of James Gildas who saith on the twenty seventh day of last March the Commandants Boat came to my wharf between nine and ten o clock in the morning and left my Haule between three and four directly after the Boat left I ordered Cummings and Croft to put a few sheet into the yard which where grazing round the paddock which they did I ordered Cummings to catch me a sheep that I might try my shears Cummings caught a sheep and I began to shear it when three men came round the house through the front gate and made towards the sheep yard two of them were armed with muskets and pistols one of them said to Croft who was standing at a distance Hay Hay hear Croft went to him and the man tied his hands behind him they then came to the sheep yard where I was and demanded Cumming’s name they ordered him out of the yard and tied his hands behind him they then ordered me out I refuses to go one of the men levelled a double barrelled piece over the paling at me cocked it and said it I did not come out he would send its contents through

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me. I then went our of the yard and one of the men tied my hands behind me they then used a great many threats because I was obstinate in wailing along when my hands were tied the short man levelled his piece at my body and said he would shoot me like a Cock if I gave him any more cheek the other armed man said do not shoot him through the body shoot him through the legs and let him lay they took us into the kitchen and the shorter man of the two gave his double barrelled piece into the hands of the other Bushranger he then demanded of me where my musket was I told him I had none he marched the premises several times over whilst the others stood guard over us and said he was a good one at frisking he found my piece in my bedroom and brought it to the door the taller Bushrangers took it in his hand and looked at it and said  it was no use to him it would not carry far enough that he had plenty of arms in the Bush he then returned it to the shorter man who took the cock off I begged him not to destroy the piece as it was not my

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own and I should have ten guineas to pay for  it if I did not return it he then threw it upon a loft in the kitchen and a man named Peet who was with them said that they the Bushrangers had plenty of arms where his master’s things were planted the shorter Bushranger took his double barrelled piece from the other man he then untied Cumming’s hands and ordered him  to Cook dinner for him when the dinner was cooked they made Cummings sit down by the fire whilst the two armed men and Peet their unarmed companionate the dinner it consisted of kangaroo steaks pork tea and Bread the two armed men went to the door and conversed together for about two minutes they then told me I must supply them with  Flour enough to take them across the Country or they would take my dogs. I told them I had not Flour they then untied Crofts hands and made him and Cummings grind some flour they ground some whilst they were grinding the two Bushrangers went out of the House and looked up and down the River with a spy glass Peet who was in the house with me said it would be a very  good thing if he could cut off their Heads and get the reward and indulgences

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I told him it would be a very good thing if he could do it whilst they were asleep the two Bushrangers returned into the House before Peet had time to reply Peet and the shorter man went our of the House and conversed together for about then minutes when the short man and Peet returned and the short man said I aught to think myself well off if I kept my own head upon my shoulders and Peet asked me several questions respecting the Boats on the River in presence of the Bushrangers and who was coxwain of the Balahoo (the Government Boat Fame was called by that name). I told him Dutton he said Dutton was a Bloody Rogue I asked him why he said he harassed the men about who were under him one of the Bushrangers then said to me the pleasanter you look the better it will be for you what they wanted they would have and if any body resisted them they would shoot them that there were Rapes, Robberies and Murders against them and that they were sure to be Hung if they were taken after some conversation the tall man at my request untied my Hands and went with me to the sheep yard to let my sheep

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out he then brought me back to the House one of them told Peet to go to the back of the House and fetch their knapsacks and things Peet went out and was absent about twenty minutes and returned with a knapsack and a Bundle tied up in a blanket when Peet came back one of the Bushrangers told him they would put some stones in his knapsack to keep him in ballast Trim? as they were disappointed in not getting the property they expected to find whilst Peet was out the two Bushrangers said they would  not have came there had it not been? for the information they had got from Peet respecting the property at my House they then made Cumming prepare supper and said if he attempted to run away they would shoot him and destroy everything about the premises that they knew where were three soldiers at Mount Direction and that if any of us to away we would go and fetch them but that they would take effectual care we did not , the two armed men and Peet sat down to supper together when Cummings went

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to the Gallows to cut kangaroo steaks one of the Bushrangers went with him with his double barrelled Piece when the two Bushrangers and Peet had had their supper they told Cummings Croft and I that we might take ours one of the Bushrangers sat with his musket facing the Door and the other facing us whilst we were at Supper they said they had been laying watching the place until the Boat went away and that they had seen every transaction Peet pulled a small magnifying Glass out of his pocket and said it was taken from his master, between ten and eleven o ‘ clock Peet made a Bed down in the House they ordered Cummings and Croft onto the Loft in the kitchen they went there Brady marched me out at the front door into my room which is entered through my sitting room and is divided by a partition from the kitchen, Brady locked my room door and went away there was no window in any bed room the  door lock was a common lock and the stable was inside my room. My sitting room was fastened with

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a wooden latch there never was a lock upon it the partition between my Bedroom and the kitchen is of wattle and plaster as high as the ridge board above that were broad palings. I looked between them the taller Bushranger (McCabe) and Peet laying down on the bed that Peet had made Brady sat upon a stool and kept watch with a double barrelled piece, I had very little sleep. I was awake about two o’clock in the morning looked through the boards and saw the two Bushrangers and Peet making tea after they had had tea Peet and the short bushranger laid down and the tall one kept watch until day light when they made Tea again after    they had had their tea the shorter man came and took me out and put me in the kitchen and called Croft and Cummings outside and ordered Croft to fetch an iron pat and six or seven pieces of pork that were hanging up in the kitchen and ordered Cummings to give them tea and Sugar and Salt and give  them handkerchiefs to tie it up in and kept their pieces nearly at a level all the time they then came to me in the kitchen and asked me when I would shoot them. I told them I did not know I was afraid they would go and chop my boat up they then asked Peet which

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which way they should steer he said he did not care which was they went aso as he could jump into a suit of clothes they went away about the distance of ten yards and called out Croft went to them and one of them gave him the cork? of my piece this was about seven o ‘clock in the morning, I then ordered Cummings and Croft to grind some Flour and made some Bread as I was going to report it as soon as the tide would float my boat. I am Cummings left home about three o clock that afternoon and reported what had happened to the Superintendent of Police that night about eight o clock.

My house is about sixteen Miles from Launceston by land it is about eighteen miles from the opposite side of the River to My House  to Launceston. My boat did not float till three o clock  it was then three quarters tide and the tide was running out. The sheep were grazing all day round the paddock on Sunday the Paddock is at the back of the garden and contains about twenty acres there were about forty or fifty

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sheep therein.

I do not recollect what Mr Wilson said to me about Bushrangers that day.

when the two Bushrangers went out of the House together Croft, Cummings, Peet and I were in the house our hands were not then tied.

I was a District Constable when they came to my House when they left it they went down the river Mr Wilson was not at any house  on Saturday. Croft and Cummings were in the kitchen grinding wheat when Peet said it would be a good things if he could cut off the Bushrangers  heads for the rewards and indulgences. When Colonel Balfour found fault with me for not having got away from my House the night the Bushrangers were there I did not tell him that they fastened me into my Bedroom, he discharged me at that time from being District Constable.

James Gildas (almost unreadable)

Sworn before me at Launceston this nineteenth day of January 1826

PA Mulgrave JP [signed]

  • This man says he is a Quaker and that it is his custom of make his affirmation with his hat on and his right arm outstretched.

PAM (initialled)

p56

Cornwall

Vann Diemen’s Land

To Wit

The information of Robert Peet who being duly sworn saith, I am a convict and assigned to Mr Wedge the Depty Surveyor on Tuesday the 15th March I was with my master at Arthur’s lakes, when two Bushrangers named Matthew Brady and James McCabe obliged me to accompany them and carry their baggage until we arrived at Mr Gildas’s farm on the Tamar, on Saturday afternoon the 26th March last Brady was then armed with a double barrelled Gun  and a brace of pistols, McCabe had a single barrelled Gun and a double barrelled Pistol, the first Person we met at Mr Gildas’s was John Croft, Brady tied his hands behind him, then went up to the sheep yard called out Mr Gildas’s servant /Daniel Cummings/and tied his hands; he then called to Mr Gildas who was amongst the sheep, and who said he would no be tied, Brady cocked him Gun and presented it at Mr Gildas, who then allowed his hands to be tied behind him, Mr Gildas said it was a great shame they should rob poor people, that he had been robbed enough, Brady and McCabe ordered Mr Gildas and the other two men

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into the House, untied Cumming’s Hands and ordered him to fry some pork, and prepare some damper and Tea; the four, pork and tea belonged to Mr Gildas.

Half an hour after they went into the House Brady untied Croft’s hands, in about two hours Brady ordered me to  untie Mr Gildas’s hands; Croft went to bed about ten o clock that night in a Loft over part of the room where Mr Gildas and Cummings went out of the Room about that time, and did not return that night. I do  not know how the Door of the Room where we were in was fastened.

Brady and McCabe laid their blankets upon the floor near the Fire and laid upon them with their arms by their sides and made me sleep between them, neither of them kept watch that night.

The next morning about an hour and a half  after day light Mr Gildas and Cummings came into the room, Brady was  walking outside in  front of the House and McCabe with them, Brady ordered Cummings in front of the House, FCroft and McCabe with them, Brady and McCabe had their arms with them

Brady to fry some pork and kangaroo which with some tea and damper Brady, McCabe and I had for breakfast, Mr Gillas Croft and Cummings breakfasted  after we had done, Brady and Croft walked together a

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considerable time after breakfast in front of the House. Between one and two o clock Brady said he saw a Boat coming down the River, he looked at it through a spy glass he had taken from Mr Wedge, Brady said there were soldiers in the Boat, he ordered me to take a Bag with some flour in it, he took two pieces of pork belonging to Mr Gildas from Cummings and obliged him to bring a little tea and sugar also belonging to Mr Gildas.

Brady and McCabe then obliged me to accompany them up a Hill about seventy yards from the House where they stopped, I then counted nine men in the Boat. I thought two of them appeared to be soldiers these people remained at Mr Gildas’s three or four hours during which time Croft and Cummings came to the place where Brady, McCabe and I were, Croft took Brady on one side and whispered to him. I overheard Croft tell him that Serjeant Kerwin and a constable had come in the Boat * McCabe Brady and I then went cross a creek about a quarter of a mile from Gildas’s House Brady ordered me to make a fire, about an hour afterwards Croft and Cummings came to us and *  Croft told Brady that the Fame Government Boat would be down the River on Monday with a woman in it named Emma **Croft further said that he was sure Mr Gildas would not report there having been at his House to the Soldiers nor to any other person afterwards and that Cummings was much more master than Gildas.**

Croft and Cummings went back to Gildas’s House, and returned in about an hour or

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two afterwards, and told Brady and McCabe, that the boat with the soldiers was gone. I asked Brady and McCabe to return to Gildas’s House to sleep that night, Croft said they had better not, that someone might come there, and that it might get Mr Gildas, him and Cummings into trouble.

The Bushrangers said they would remain where they were that night, Croft and Cummings went away, Croft and Cummings returned to us the next morning before sunrise, before we were up they said they were going to hunt kangaroo, they went away and came back in about an hour and a half, and gave McCabe a kangaroo, McCabe skinned the kangaroo, cut it up  and with some of the pork Brady had taken from Mr Gildas’s Houe cooked it in a Pot that McCabe had taken from Mr Gildas’s, Croft was within five or six yards of Brady when he received the pork from Cummings and saw McCabe cut up the pork, and put it into the pot with the kangaroo, and ate part of it when it was dressed; Cumming drank some Tea but did not eat any of the steamer, McCabe told Croft on Sunday that he had taken the pot in which he cooked the steamer on Monday form Mr Gildas’s; Croft and Cummings stopped about two hours on Monday morning with

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Brady and Mc Cabe; Cummings said he had been a shipmate of Brady’s, neither Brady nor McCabe ordered Croft or Cummings on the Sunday night to come to them on the Monday morning, nor did either Brady or Mc Cabe desire Croft or Cummings when they said they were going kangaroo hunting on Monday morning, to bring them any kangaroo, Croft gave Mc Cabe the kangaroo without being asked dfor it, I have not seem Mr Gildas since I left his house on that Sunday afternoon, neither croft or Cumming ever said in my hearing that they were sent by Mr Gildas, when they came to Brady and McCabe on the Sunday and Monday.

Robert X Peet

his mark

Sworn before me at Launceston this twelfth day of April 1825

PA Mulgrave JP [signed]

p61

The information of Mr Mark Willow who being sworn saith I recollect the circumstance of John Basham being killed some time in the month of march or April last, the Sunday before his death I went from Launceston to Mr Gildas’s House on the Tamar in a Boat, I arrived at Mr Gildas’s about noon and stopped there two or three hours. I know John Croft I did not see him at Gildas’s that day, I know Daniel Cummings he was then Mr Gildas’s servant, I saw him at Mr Gildas’s House on that day and know that he left it whilst I was there and Mr Gildas said he was gone into the Bush after some moccasins, I  did not see any sheep near the House nor did mr Gildas tell me he was going to shear sheep, he did not tell me the Bushrangers had been there the night before.

Mark X Wilson

his mark

Sworn before me at Launceston this nineteenth day of January 1826

PA Mulgrave JP [signed]

p62

Peet vs Croft and Cummings

April 12th 1825

(4 x shorthand symbols)

1st August 1825

Brady – in  pencil – underlined in pencil

J.H. Ridge – in  pencil – underlined in pencil

p63 (Dec 1826 in blue pencil)

The information and complaint of Mr Alexander Charlton who being sworn saith last Friday evening this wooden oar my property was sent in my presence on board a Boat from the supply mills to the Governor Arthur cutter that was lying about a mile from the shore two or three of the crew of the Governor Arthur went in the boat andno other person the boat was out of my sight before she reached the cutter I do not know that any Boat left the Cutter that night she is gone to Sea a Boat might have left her that night and landed upon the Beach without my knowledge this oar would not float a mile.

* when my boat returned the next morning this oar was missing which I found in the Lumber Yard at Launceston  this morning.

A Charlton (signed)

Sworn before me at Launceston this twenty sixth day of December 1826

PA Mulgrave JP [signed]

p64

Mr Peter Broadfoot sworn saith I was at the Supply Mills last Friday when the last Boat went on board the Governor Arthur cutter with Flour I  followed it in Captain Hassell’s  Boat the Boat with Flour did not stop on its way from the Mill to the Cutter I remained in the cutter all night I saw the Boat that took the Flour along  side the cutter between eleven and twelve o clock on Friday night and also about five o clock the next morning when Captain Hassell told me that an oar had been taken out of that Boat as well as a pair of Trowsers during the night the government Boat Harriott was alongside the Governor Arthur cutter about eleven o clock on Friday night

Peter Broadfoot (signed)

Sworn before us at Launceston this twenty sixth day of December 1826

H Simpson JP (Signed)

PA Mulgrave JP [signed]

p65

Frederick Dutton Coxswain of the Government Boats who being sworn saith Richard Kenyon is Coxswain of the government boat Harriott she left Laucneston in his charge last Thursday or Friday and returned yesterday morning, this oar was brought to the Lumber Yard by one of her crew she had only three oars when she left Laucneston she brought this and three others back with her

F Dutton (signed)

Sworn before us at Launceston this twenty sixth day of December 1826

H Simpson JP (Signed)

PA Mulgrave JP [signed]

The examination of Richard Kenyon who saith about nine o clock on Saturday morning I saw this oar on board the Boat Harriott between Swan Point and the Supply Mills a man named Robert one of the Harriott’s crew said he had found it upon the Beach.

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Robert Roberts saith I found his oar about a quarter of a mile from the Supply River between that and Swan Point it was laying upon the Beach a little above lowwater mark a little after day light on Saturday morning.

Taken before us at Launceston this twenty sixth day of December 1826

H Simpson JP (Signed)

PA Mulgrave JP [signed]

p67 (Jan 1826 in blue pencil)

VAN DIEMEN’S LAND
TO WIT

THE EXAMINATION of   Fortuné Guillois

of Laucneston in Van Diemen’s Land, Tailor

taken upon Oath before me, one of His majesty’s Justices of the Peace

for Van Diemen’s Land and its Dependencies the Twenty Sixth day of December in the Year of Our Lord One thousand Eight hundred and twenty six, in the presence and hearing of Henry Murchison.

Duly charged before me, upon Oath, with

Which said Deponent, on his Oath aforesaid, deposeth and Saith as follows (that is to say):- on a Saturday I think about the second of December instant I saw at the Public House kept by Mr Henry Boyle in Launceston about six or seven o clock in the evening when he said he had got some things that would suit me which he wished to dispose of and that he would see me another time about them, about five o clock the next evening he came near to my residence beckoned to me I went to the door he said follow me and I followed him to the Gravel Pit a short distance from the Town when there he told me to wait and he would fetch me the things he had to sell he went away across the Swamp in a direction towards the River and returned in about an hour and a quarter with a Bundle tied up in a silk handkerchief which he untied and took out

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a black cloth coat waistcoat and trowsers which appeared new which he said he would let me have for four pounds and added they are worth ten they were got from a cask? at the back of the House on Mr Mulgrave’s Farm (Mr Hoblers).

I said I have not got the money now Keep them and I will bring the money to you another time he shewed me a large table cloth and said he had a great many things that would suit me he did not say what I did not see what else he had in the Bundle there appeared to be as many things in the Bundle as he shewed me – when I said I had not got the money he said I would let you have the clothes without the money if they were my own but the man who works with me expects his regulars (his share) out of it.

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he tied up the bundle again and went towards the swamp where he was joined by some other  person I could hear them talk I next saw him one day when the court of requests was sitting I told him I had got the money for the clothes when he could let me have them he replied do not be in a hurry they are all safe I will let you know when you can have them, I saw him once afterwards I think it was the week before last in the street and said to him you have got me into a fine string about those things he replied it is not string at all they are all right – I told all this to Constable Thomas Johnson, I never said a word of it that I recollect to Constable Charles Smith I might have said something about it to him when I was intoxicated.

PA Mulgrave (Signed)

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The examination of Charles Smith of Launceston a Constable taken upon oath before me one of His Majesty’s Justices of the Peace this first day of January one thousand eight hundred and twenty six in the presence and hearing of Henry Munchiad?

(Large gap 5 cm to next text)

which deponent on his oath aforesaid saith as follows on Saturday about six weeks ago I met Fortuné Guillois in the street in Launceston who said I wish I had met you last night I said what for he replied I could have down something for you and added last night I saw some of Mr Hobler’s property, I saw a riding habit, a blue one, a handsome damask table cloth and a suit of black (clothes) I think I shall be able to get them tonight you and constable Johnson be in the way, this was in the day time Guillois was quite sober, I asked him who he had seen with the property he said I will let you know further about it in the course of the afternoon and ran off adding I am in a hurry no further conversation took place between me and Guillois four or five hours afterwards I saw him talking to Constable Johnson I did not go up to them but shortly afterward Johnson told me that

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Guillois had told him that I should have nothing to do with it, I asked Johnson who had the things he told me Mr Mulgrave’s man Harry.

H Simpson (Signed)

Charles X Smith

his mark

p72   (Jan 1826  – in blue pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of Thomas Robjent, a convict who being sworn saith I hold a Ticket of Leave and have been in the service of Mr James and William Brumby and have resided at their Farms on the lake River for the last two years and  a half, where I have been employed as a Blacksmith, and occasionally have been permitted to do jobs for their neighbours on my own account, a day or two after last Christmas day, Mr Richard Jordan of Norfolk Plains brought this Fowling piece to the shop where I work on Mr Brumby’s Farm, he had brought the lock there about a week before, which wanted a new mainspring, which I could not conveniently make without having the Gun, Mr Jordan did not tell me that the Gun was loaded when he brought it to my shop, immediately he gave it to me I put it upon some tie beams in the shop as high as I could reach, I have worked and slept in that shop ever since, I saw not person remove the Gun from the situation in which I put it after Mr Jordan gave it me, until about a week after, when I took it down and put

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it under my bedstead, and a Box before it to hide it, lest some person should see it and take it away; I believe it remained there about a week, when I replaced it on the tiebeams, having then more constant work in the shop than I had before, I do not know that this Gun was removed from the tie beams by any person after I last placed it there until last Wednesday, except a day or two after I had replaced it, when Mr William Brumby came into the shop, took down the Gun and looked at it, he did not draw the ramrod or examine if it were loaded or not; he asked me whose it was, I told him, and he replaced it on the tie beams. I do not know that any other person touched the Gun whilst it was in my possession, except Mr William Brumby and myself; I never examined the Barrell whilst it was in my possession, many persons were in my shop at different times during the time the Gun was there, I have see Persons go in and out of the Shop when I have been on a different part of the Premises, I did not see Mr William Brumby in the Shop on last Tuesday or Wednesday until about three o clock on Wednesday afternoon , when he came there with some lead in a ladle to cast some bullets, he cast about twenty

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Bullets /I am sure I saw more than ten/ whilst he was casting the Bulletts, two children named William and Ann Whyte, the former about seven the latter about fice years of age, and who reside in a Hut near my shop, came into the shop, and as Mr Brumby’s Bulletts became cold the Boy took up one of them and ran away,  the little girl took away two bullets, and also ran away, Mr Brumby ran after her and then retunred with two bullets in his hand, the Boy returned at that time close to the Place were I was sitting, on a stove, a yard or two from the shop door, and threw a Bullett close down by my feet, Mr Brumby said to the Boy, “where is the Ball” the Boy replied pointing to it , “It is at Tom’s feet”, I pointed to it and said “there it is” Mr Brumby picked it up and went into the shop, Mr Brumby recommenced making Bulletts in the shop, and the children remained outside the door about twenty minutes, during which period Mr Brumby told the Children several times to go away, I remained witting on the stone near the door during this time, at the end of which I heard Myr Brumby say, “I will start them” and I saw him

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come to within a step of the door with the fowling piece in his left hand, and his Powder Flask in his right hand, and put some Powder upon the touchhole.

Mr Brumby after he had put some powder on the Touchhole of the Gun held it in his left hand, with the touchhole upwards and in front of him, upon a level with the lower part of his body, the muzzle of the Gun was pointed out at the middle of the door and towards William and Ann Whyte, who were standing in a Path about six yards from the door, he then set fire to the powder with this Piece of Iron, which had been lying in the fire of the forge,, where he had been casting his Bulletts, as he held the gun in his left hand he reached back with his right and took the iron off the forge, and immediately applied it to the touchhole, he took no deliberate aim, the Gun immediately went off, and William Whyte immediately fell upon his side, I went up to the child and saw one or two drops of Blood upn his shirt near his loins, between his Jacket and Trowsers, his shirt appeared torn in small holes as if with shot; immediately William Brumby had fired the Gun and the Child fallen, he exclaimed “my God! I have shot the Boy” I replied “My God the Boy is shot” William Brumby said call my mother and ran towards the House where she lives, * Mrs Elizabeth Brumby, about two

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hundred yards from my shop, I ran towards the Hut where the Child’s mother lived and called her, William Brumby’s Mother, the child’s mother, William Brumby and I went to where the child was lying, Mrs Eliabewth Brumby /William’s Mother / took the child  up and said “Oh! William I hope this will be a warning to you, not to play with Gun again!” he  made no reply she carried the child to the Hut where its mother lived, William Brumby sat down by the side of me near the shop about a quarter of an hour, when his mother came up to him, and he said, “how is the child? is it dead?” she said “yes it is dead” he made no answer, but looked very sorrowful, he seemed too much affected by Grief to speak, he did not speak to m from the time his mother took the child away until she came back, he sat with his head upon his hands and his elbows upon his knees.

He did not appear angry with the children before he fired off the Gun, but appeared as good humoured and as jocular as people do in general when playing with children; he told me as

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soon as the Gun went off, he had only put a little powder into her to squib her off and frighten the children, I said “My God then it must have been loaded before!”  he did not reply; after Willliam Whyte fell I measured the distance from the place where William Brumby stood to the spot where the child lay, it was six of my paces; his sister was close to him when he fell, after Mrs Brumby had carried the child away I picked up   two small leaden shot that were lying on the ground exactly where the child had laid, they were small pigeon shot, I gave one of those shot to Mrs Brumby I do not know whom I gave the other, they appeared black as if they had lately came out of a Gun, they were not hot, after Mr William Brumby had fired off the Gun he set it down against the wall close by the door, and in the course of the evening I replaced it over the tie beams I am sure this is the same Gun; after Mr Brumby had fired off the Gun with this piece of Iron, he immediately laid it upon the forge where he had taken it from, I am certain this is the same piece of iron, I removed it on Wednesday evening from the Forge and put it on the tie beams close to the Gun

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and took it from there this morning; I never saw Mr William Brumby fire or Squib off his Gun to start or frighten children before Wednesday, I said nothing to Mr Brumby whilst he was putting some powder on the touchhole of the Gun, I supposed he was only going to frighten the children, I do not know that Mr William Brumby had any quarrel with the father or mother of those children. I never saw him beat either of the children, he appeared very fond of them, he used to take them about the farm with him; I did not hear the report of any other Gun or fire arms at the time that the Gun that Mr Brumby held was discharged. The children did not move when Mr Brumby pointed the Gun out of the door, I never told him that the Gun was or was not loaded, both the children ran in and out of the shop whilst Mr Brumby was casting bullets, I do not recollect if either of them went in after William Brumby ran after the Girl.

/signed/  Thos Robjeant

Sworn before me at Norfolk Plains this twentieth day of January 1826

PA Mulgrave Coroner

p80

Cornwall

Van Diemen’s Land

To Wit

The information of Mr Richard Jordan, who being sworn saith, I am a settler and reside at Norfolk Plains, between three weeks and a month ago, I took this stock and Barrell of a fowling piece, my property, to the farm of Mr William Brumby on the Lake River, and delivered it to Thomas Robjeant for the purpose of fitting the lock to it, which I had previously left with him to repair, I told Robjeant to be careful of the Piece for it was loaded, I did not tell him what it was loaded with; I loaded it about two months ago with powder and small leaden shot; I did not see the Gun form the time I left it with Robjeant until this morning, the barrel and stock are worth five pounds; the shot now shewn me is of the same size and those with which

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I loaded the Gun before I delivered it to Robjeant.

/signed/ Richd Jordan  (not actual signature)

Sworn before me at Norfolk Plains this twentieth day of January 1826

PA Mulgrave coroner

p82

Cornwall

Van Diemen’s Land

To Wit

The information of Mrs Elizabeth Brumby who being sworn saith, I am the wife of James, and the mother of William Brumby, and live on the farm of the latter  upon the Lake River behind Norfolk Plains, Thomas Robjeant is a Blacksmith employed by William Brumby,and has lived upon his famr about two years; Elizabeth Watson the mother of William Whyte, has lived in a Hut upon my son’s farm for the last eight months, she had anther child Ann Shyte, and an infant, who also lived with her; some time in the afternoon of last Wednesday my won William came to the back door and cried out “Oh! mother dear, I have shot William Whyte” he then turned from the door and ran towards the Blacksmith’s shop I ran to the Hut where Elizabeth Watson lived, supposing the child might be there, I saw Elizabeth Watson at the door tearing her hair, I went to her, saw no child there, and went immediately to the Blacksmith shop, William Brumby and Thomas Robjeant were close by the shop door, William Qhyte was lying, I do not know whether on  his face, back or side, within two or three yards of the door; he was breathing, I took him in my arms and ran with his to his mother’s Hut, I met her on the way, I took the child into the Hut, and laid him upon a table, I took off his clothes and saw the marks as if of a number of shot, more about his loins and left hip than any other part; the wounds bled very little; I took three small shot out of the waistband of his trowsers, they were of the same size as the shot now shewn me, I gave these shots to his mother; the child did not live more than two or three minutes after I took him into the House, I moistened his lips still he was dead; I did not take his clothes off till he was dead, my son William always expressed the greatest affection for William Whyte, and the child followed him wherever he went about the presmies, I never knew of any quarrel between

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Thomas Robjeant and Elizabeth Watson, I never heard Thomas Robjeant complain of Mrs Watson’s children, or heard that he had beat them; I never knew that my son William was in the habit of fireing off his Gun to frighten William Whyte, or any other Person.

Elizabeth X Brumby

her mark

Sworn before me at Norfolk Plains

this twentieth day if January 1826

PA Mulgrave coroner

p84 RALLFORD 1822 watermark

p85

Cornwall

Van Diemen’s Land

To Wit

The information of Elizabeth Watson who being sworn saith I am the mother of the deceased William Whyte we had lived together upon the farm of Mr William Brumby upwards of six months, I know nothing of the cause of my child’s death, I did not hear of it until Mrs Elizabeth Brumby came to my house last Wednesday, I had just before sent my children out to play, and had heard the report of a piece, I was standing at the Wash Tub at the time, I am sure Mr William Brumby was as fond of my child William Whyte as if he had been his won, I am sure he would not have intentionally hurt a hair on hiss head, he had frequently taken the child out of his bed to play with him, I never had any difference with Thomas Robjeant.

signed Elizabeth X Watson

her mark

Sworn before me at Norfolk Plains

this twentieth day if January 1826

PA Mulgrave coroner

p86

Mr John Smith being sworn saith, I am a Surgeon and reside in Norfolk Plain, I knew the deceased  William Whyte, he was the son of Elizabeth Watson, he was between six and seven years of Age; I  know he has resided on Mr William Brumby’s farm for some months past with his mother, I have carefully examined his body and find between fifty and sixty wounds, apparently inflicted by small shot, upon his left side, in the abdomen, on the spine, and in the left breast, there is one shot wound upon the left breast, which is more than five inches deep, and directed towards the heart, which wound would of itself have been sufficient to have caused instant death, there are more than twenty similar wounds on the left side, most of which I have probed, but could not reach the shot, these together would also have occasioned instant death; I extracted one small leaden shot form the spine, which I delivered to the coroner, the wounds upon the left breast and side as well as those upon the loins appear to have been made by shot of a similar description. I have attended the Family of Mr William Brumby professionally for the last six months, I have frequently seen him exhibit marks of strong affection for the deceased William Whyte I have known Mr William Brumby for these last ten years and never saw him in a passion in my life.

‘signed’  John Smith

Surgeon

Sworn before me at Norfolk Plains

this twentieth day of January 1826

PA Mulgrave

coroner

p87

The voluntary statement of Mr William Brumby who saith, I was making some leaden Balls in a Blacksmith’s Shop on my Farm last Wednesday afternoon, the deceased William Shyte, and his sister Ann Whyte, ran away with some of my Balls, I fetched the girl back and took two from her, I saw a Ball lying by Thomas Robjeant’s feet who was sittign near the shop door, William Whyte pointed to that Ball and said something, I continued to make Balls for a few minutes afterwards, the little girl came into the shop again, I put a little gunpowder on the ground and put the end of this iron, which was hot, to it, the powder blazed and the little girl ran out of the shop, I returned the iron into the fire and took down this fowling piece from two tie beams in the Shop and sprinkled a few grains of gunpowder  out of a powder flask into the Barrell, I then put a little Gunpowder upon the touch hole, at this time, Thomas Robjeant was sitting on a stone outside, and on the left side of the door, William and Ann Whyte were a few paces on the right from the door, I held the Gun in my left hand  pointed it out at the door, and put the hot end of this iron to the powder on the touch hole, the Gun went off, and immediately saw William Whyte lying upon the ground, about three paces from where I had seen him stand before I put the iron to the touch hole, and nearer to the house where his mother and he live; I immediately sung out “my God I have shot the child”, I went down to my house and told my mother what had happened, I then returned to where the child lay, my Mother come and immediately carried

p88

William Whyte to his mother’s house. I never imagined the Gun was loaded, or gave it the least thought in the world; Thomas Robjeant was making a grindstone with a chisel and a hammer at the time the Gun I held went off.

‘signed” Wm Brumby

Taken   before me at Norfolk Plains

this twentieth day of January 1826

PA Mulgrave

Rex vs William Brumby

manslaughter

Informations of

Thomas Robjeant

Richard Jordan

Elizabeth Brumby

Elizabeth Watson and

John Smith also

examination of

William Brumby

delivered 21st January 1826

p89

Cornwall

Van Diemen’s Land

To Wit

An inquisition indented taken at the House of  Mr Edward Bailey at Norfolk Plains in the said County this twentieth day of January in the sixth year of the reign of our Sovereign Lord King George the Fourth before one Peter Archer Mulgrave Esq Coroner of Our Lord the King for the County aforesaid upon the view of the body of William Whyte an infant seven years of age then and there lying dead upon the oaths of Messrs Charles Brown Hardwicke, Charles Reid, Wickham Whitchurch, William Keating, James Davy, Edward Bailey, William Griffiths, John Bonney, John Herbert, Henry Wilkinson, John Cox and William Roche

good and lawful men of Norfolk Plains aforesaid in the aforesaid County who being sworn and charged to enquire on the part of our said Lord the King when where how and after what manner the said William Whyte came to his death, do say upon their oath that William Brumby of the lake Plains Gentleman on the Eighteenth day of January in the sixth year of the Reign  aforesaid about the third hour in the afternoon of the same day, with force and arms, at the lake Plains in the county aforesaid in and upon the aforesaid William Whyte there further? being in the Peace of God and the said Lord the king did make as assault and that the aforesaid William Brumby then and there with part of a certain Gun or Fowling Piece said of the value of five pounds, part of a gun or fowling piece, loaded with gunpowder and shot which he the said William Brumby then and there held in his left hand, the aforesaid William Whyte [??]  did shoot

p90

involuntarily and gave to the said William Whyte there and there with part of a Gun aforesaid in various parts of his Body, videlicet, upwards of fifty gunshot wounds in the left side, in the abdomen, in the spine, and in the left breast of the said William Whyte; that one of the said wounds in the left breast of the said William Whyte was upwards of four inches deep, and must have caused immediate death, and that more than twenty similar wounds were inflected in the left side of the said William Whyte by the shooting aforesaid , of which said mortal wounds the aforesaid William Whyte then and there instantly died, the jurors aforesaid upon their oath aforesaid ado say that the said William Brumby then and there involuntarily killed and slew the said William Whyte against the Peace of our said Lord the King his Crown and Dignity.

And the jurors aforesaid upon their oath aforesaid further say that the said William Brumby by killing and slaying the said William Whyte in manner and form aforesaid committed the offence of manslaughter.

p91

In witness where of as well the aforesaid coroner as the jurors aforesaid have to this inquisition put their hands and seal the day and year and at the place first within mentioned

CH Hardwicke [signed]

Charles Reid [signed]

Wickham Whitchurch [signed]

Edward Bailey [signed]

William Griffiths [signed]

William Keating [signed]

John Cox [his x mark]

John Boney [his x mark]

William Roche [his x mark]

James Davey [his x mark]

Henry Wilkinson [his x mark]

John Herbert[his x mark]

PA Mulgrave

coroner

p92 [final copy below of previous inquest]

Cornwall

Van Diemen’s Land

To Wit

An inquisition indented taken at the House of  Mr Edward Bailey at Norfolk Plains in the said County this twentieth day of January in the sixth year of the reign of our Sovereign Lord King George the Fourth before one Peter Archer Mulgrave Esq Coroner of Our Lord the King for the County aforesaid upon the view of the body of William Whyte an infant seven years of age then and there lying dead upon the oaths of Messrs Charles Brown Hardwicke, Charles Reid, Wickham Whitchurch, William Keating, James Davy, Edward Bailey, William Griffiths, John Bonney, John Herbert, Henry Wilkinson, John Cox and William Roche

good and lawful men of Norfolk Plains aforesaid in the aforesaid County who being sworn and charged to enquire on the part of our said Lord the King when where how and after what manner the said William Whyte came to his death, do say upon their oath that William Brumby of the lake Plains Gentleman on the Eighteenth day of January in the sixth year of the Reign  aforesaid about the third hour in the afternoon of the same day, with force and arms, at the lake Plains in the county aforesaid in and upon the aforesaid William Whyte there being in the

p93

Peace of God and the said Lord the king did make as assault and that the aforesaid William Brumby then and there with part of a certain Gun or Fowling Piece said of the value of five pounds, part of a gun or fowling piece, loaded with gunpowder and shot which he the said William Brumby then and there held in his left hand, the aforesaid William Whyte [??]  did shoot involuntarily and gave to the said William Whyte there and there with part of a Gun aforesaid in various parts of his Body, videlicet, upwards of fifty gunshot wounds in the left side, in the abdomen, in the spine, and in the left breast of the said William Whyte; that one of the said wounds in the left breast of the said William Whyte was upwards of four inches deep, and must have caused immediate death, and that more than twenty similar wounds were inflected in the left side of the said William Whyte by the shooting aforesaid , of which said mortal wounds the aforesaid William Whyte then and there instantly died, the jurors aforesaid upon their oath aforesaid ado say that the said William Brumby then and there involuntarily killed and slew the said William Whyte against the Peace of our said Lord the King his Crown and Dignity.

And the jurors aforesaid upon their oath aforesaid further say that the said William Brumby by killing

p94

and slaying the said William Whyte in manner and form aforesaid committed the offence of manslaughter.

In witness where of as well the aforesaid coroner as the jurors aforesaid have to this inquisition put their hands and seal the day and year and at the place first within mentioned

CH Hardwicke [signed]

Charles Reid [signed]

Wickham Whitchurch [signed]

Edward Bailey [signed]

William Griffiths [signed]

William Keating [signed]

John Cox [his x mark]

John Boney [his x mark]

William Roche [his x mark]

James Davey [his x mark]

Henry Wilkinson [his x mark]

John Herbert[his x mark]

PA Mulgrave

coroner

p95

Inquest on the body of William Whyte

p96 (January 1826 in pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of John Crowther a convict who being sworn saith I am a Constable I was passing the House of Chief Constable George Lawson this afternoon, James Hopkins was passing  in Custody of McQuin a Private in the 40th Regiment of Foot close along side of me when Mrs Feutrill came up to me I immediately felt myself wounded in the upper and back part of my right thigh and I immediately saw the said Mrs Feutrill withdraw her hand from that part of my body, in which she held a two pronged table fork, as she withdrew her hand she said you are the murdering scoundrel that has killed my child.

William Dodds came up, laid hold of Mrs Feutrill and as she was in the act of repeating her blow laid hold of her hand and said he is a Constable Mrs Feutrill replied I do not care I know he is  the man, I put my hand to the place where I felt I had been wounded and found that the blood had penetrated through my trowsers, the stain of blood now upon my trowsers was not there before I felt the blow and saw Mrs Feutrill withdraw her hand from that part of my body, I did not  speak to her or give her

p97

any provocation to strike or stab me.

John Crowther (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The information of William Dodds a convict, being sworn saith, this afternoon I was in the Street of Launceston near Mr Lawson’s House, I saw Constable John Crowther walking on the pathway beside a soldier belonging to the 40th Regiment, who was conveying  a man named James Hopkins to the Police Office, I saw Mrs Feutrill pass Crowther and after she had passed him heard her say which is him that has murdered my Child. I did not hear any one answer Mrs Feutrill she then run towards Crowther and struck with her right hand at the lower and back part of his body. I did not see what part of Crowther Mrs Feutrill struck, or that she struck him at

p98

all – immediately she struck at him I laid hold of her round the waist, and said that is not one of Jeffries party he is a constable, Mrs Feutrill replied I am very sorry if I have done anything wrong, if he is not one of the party, immediately Mrs Feutrill struck at Crowther he put his hand to the hind part of his right buttock and said what  did you do that for I immediately observed blood upon his trowsers over that part of his body – I saw no fork or other sharp instrument in the hands of Mrs Feutrill when I laid hold of her. The man who was in custody of the soldier was supposed to be one of the Gang who in company of said Thomas Jeffries had recently committed several murders and Robberies.

William Dodd (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The information of Alexander McNabb Esquire, Physician, who being sworn saith I have examined the person of John Crowther a constable and found two small punctured wounds about half an inch apart on the side of the right hip rather lower down than the articulation of the joint, they were recent wounds, there were marks of blood around the margins of those wounds, which I probed and found where

p99

were about three quarters of an inch deep. The wounds must have been inflicted by a sharp pointed instrument and might have been made by the two pronged fork now produced.

Alex Mc Nabb (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The information of Mr George Lawson Chief Constable and being sworn saith I searched the house of Mrs Ann Feutrill and found this two pronged fork lying upon a Table facing the door and immediately brought it to the Police Office a man named White was in the house. I did not see Mrs Feutrill

George Lawson (signed)

Sworn before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

The statement of Mrs Ann Feutrill who saith I have reason to believe that one of my Grand children was

p100

murdered a short time ago by Thomas Jeffries when I saw Constable Crowther going along the street nesar my House this afternoon some Person cried out here is Jeffries and his man I ran out of the House with a Fork in my hand and said which is he who has murdered my child I will have blood from him some one said it is the tall one I then struck at Crowther with the Fork supposing he was the man who hand killed my Grandchild Crowther turned round and said you are mistaken I am not the man I replied if you are not the man I am very sorry for it.

Taken before me at Launceston this twenty first day of January 1826

PA Mulgrave JP

p101

[RALLFORD 1822 watermark]

Rex vs Ann Feutrill

21 Jan 1826

shorthand symbol + J Horn esq

2nd January 1827

shorthand symbols x 6

p102 [& to be copied in pencil]

The information of Joseph White who being sworn saith I am free and reside in Launceston on Friday last the twentieth day of January instant I was acting as an extra Constable in search of Bushrangers about eight o clock in the morning of that day I was at a Hut at Spring Plains belonging to Joseph Lowe of Launceston Joseph Railton Mr Lowe’s Shepherd lived at the Hut, Joseph George Pyle Francis Howe James Howe two soldiers and I was accompanied by George Pyle and two soldiers one of them is named Dwyer the other Robert Stubbs, Francis Howe and James his Brother were in the Hut when we went up to it as well as a party of three soldiers and one Constable the three soldiers and Constable went away as soon as we arrived, the two Howes are Shepherds in the Service of Mr Lowe, about two o clock on that day Dwyer, Stubbs, the two Howes and I were lying down upon some wool in the Hut. I believe they were all asleep except myself I had been sleeping George Pyle was preparing a fire to bake a damper outside the Hut, our muskets were lting by our sides, when some one cried out “come out, one by one” three or four times, I looked out and saw two Men standing close to a large Tree, they had muskets in their Hands pointed towards the hut, I said come down my lads it is all right, I thought it was a party of soldiers or Constables, one of them again said “come out one by one or I will fire

p103

at you through the hut” the men in the Hut arose up, Dwyer said that’s Jeffries, do not be alarmed and fixed his bayonet the other soldier Francis Howe and I took up their musket, I could not get mine because Dwyer was either standing or lying upon it.

I ran our of the Hut about four or five yards to the left, a shot was fired from one of the Men at the Tree and Stubbs fell, Dwyer cried out come out from the back of the tree, the Bushrangers fired again, Stubbs who had got up and was fixing his Bayonet received another Shot and fell a second time, I do not know what Dwyer, Pyle, or either of the Howes’ did, I do not know what took place after Stubbs fell a second time, I did not see the Bushrangers go into the Hut, a few minutes afterwards, I ran up to Dwyer who was running from the Hut and about two hundred yards from it, I looked round and saw Stubbs and James Howe coming towards us from the Hut, Stubbs had a bayonet in his hand Dwyer and I stopped until they come up to us, Stubbs said Dwyer do not leave me I am wounded, we made the best of our way to Mr Ralston’s, Mr Ralston gave me a musket, Dwyer, James Howe and I went towards Lowe’s Hut, when we had got about a quarter of a mile from Mr Ralston’s Mr

p104

Ralston called us back, we were returning when he said go on again, I then saw Pyle and Francis Howe approaching Mr Ralston’s Hut, Franics Howe called out to us to stop, we did so, he ran up to us and joined our Party, neither him not his Brother were armed, we went to Lowe’s Hut, there was not person in the Hut, my musket and Stubb’s musket had been taken away, a fowling piece belonging to Pyle and one belonging to Howe were broken to pieces, and lying outside the Hut; there was a musket lying near the Hut the breach pin of which had been drawn out, and was lying along side the musket, I supposed that the musket had been left there by one of the Bushrangers. I have know Thomas Jeffries upwards of six months, I do not know whether he was one of the men who stood close to the Tree and fired into Lowe’s hut, I did not take particular notice of either of them.

When I ran out of the Hut, I left about ten pounds of Flour tied up in a pair of drill trousers belonging to me and about three pounds of sugar in a small Bag in the Hut, those articles were gone when I returned to the Hut;

[no more text]

p105

Mr Anthony Cottrell

saith I am a Settler and reside on the River Nile on Saturday evening, last the twenty first day of January instant I accompanied Mr Dark, a man named Bull another named Bruce and a black Boy Mr Cox’s Servant and Lawrence Eagen? a free man then in my service in pursuit of Bushrangers; the next morning at day light we were at Mr Davis’s stock Hut on the said River, there were eight armed men in the Hut six of whom were in pursuit of Bushrangers the other two were stockkeepers residing at the Hut, about half past six o clock Mr Cox’s black Boy said there is a man gone behind a gum Tree, we all went out of the Hut I immediately saw Thomas Jeffries a Bushranger standing close to a large Tree upwards of a hundred yards from the Hut he had a musket in his Hand, we all ran towards him he cried out will you give me quarters several voices cried out yes “quarters, quarters” “Lay down your arms” he threw a musket & this pistol upon the ground. Joseph Shear and William Parsons were the foremost of the party they ran to him and secured him, we took him to my House and from thence to Mr Cox’s the magistrate, where he was hand cuffed and sent from thence to Launceston under the charge of Mr Dark and his Party.

Anthony Cottrell (signed)

p106

Joseph White

2 x shorthand symbols Hopkins

20th January

1826

(bushrangers – underlined in pencil)

p107

Woolmers ½ past 10 – am

21st Feby 1826

Sir,

On my arrival here about an hour & half ago I found Mr Robert Lawrence, and have taken his information, respecting the outrage committed by the Bushrangers at the Farm of Mr W E Lawrence yesterday evening – I beg to enclose it for your Excellency’s information and request, as there is not time to make a Copy of it you will be pleased to let it be handed on to the superintendent of Police at Launceston when your Excellency has done with it –

I have the satisfaction of stating to your Excellency that a Party of nine Horsemen and five men on foot will start in about half an hour in search of these wretches – Mr Hardwicke and Mr Clayton the two district constables lead the Party.

His Excellency

Lt Govr Arthur

&  &  &

p108

and they are accompanied by   Thomas Broadfoot, Mr Lawrence’s overseer who I am happy to say is not? worse for the wound in the forehead he received by a slug from Brady’s Gun – I have impressed upon the Persons comprising? this party the necessity of thus? acting? promptly and vigorously and as they are all volunteers and many of them well acquainted with the part of the country where these Ruffians were last seen, I am rather sanguine in my hopes of their success.

I shall not fail to apprise Your Excellency of what further I may hear on the subject & have?  ??? ??? & remain ( a has?)

Sir

Your Excellency’s

Most Obedient

Humble servant

Thos: Archer JP

p109

Van Diemen’s Land

The information of Mr Robert William Lawrence who being firstly duly sworn saith, yesterday afternoon about half past three o clock Brady and his Gang, consisting of Murphy, Bryan, Cody, and four others whose names I did not learn came to the House upon the Farm of Mr W.W.E. Lawrences on the Lake River, where I was residing; and entering the House found George Moran, one of Mr Lawrence’s assigned servants and asked him if there was any other Person in the House – he replied not, on which they made him their prisoner – At this time I was bathing in the Creek, and was surprised at seeing a man who I afterwards found  to be Murphy without about 6 yards presenting a musket at me – he said, come young fellow, you have a Gun with you? I took the Gun, and asked him if the Bush-rangers were taken – to which he replied, No – but I am one – he then took my Gun & made me walk before him to the House, where I saw the others – the observed to Brady – “This young b—-r was going to shoot at me at first” – Bryan replied “well, we will mark him like the rest of our stock – we will have his ears off” – I was then put into the kitchen with fifteen or sixteen more prisoners – after a short time, Bryan came in and desired me to go and cut some Meat and cook it for their prisoners: – after which, they having discovered a secret place in the Floor where the win and spirits were concealed – Murphy brought in several bottles of Rum, & made us all drunk of it – I was afterwards outside the door and Bryan came up to me giving me a shake, & feeling in his pocket for a knife to cut my ears, when Murphy came up and desired him to leave me alone saying yes “he is not to blame” – I heard two shots fired  while I was in the kitchen, they told me that Bromsgrove had been wounded by Brady, but that if that did not kill him he should not live six months as his character was so bad all over the Country for ill treating the men.  They were a long time turning the Things about in the House and after that they made us all leave the House & presenting a musket they declared they would put a ball through the head of any one who did not collect and bring straw to the house – which we were compelled to bring into the Rooms – and when they were nearly filled with it – Bryan gave me a push with his Musket, saying – go in – and we will burn you and the House together – Murphy who just then came up with a light – said that I ought not to be hurt – and Brady desired Bryan to let me alone – Murphy then put fire to the straw, and the whole building was immediately in flames – one of them observed “we will leave the stable for the men to live in” – another observed in reply, no no – they have a Hut – they then set fired to the stable and to four or five stacks of wheat and Brady also some vats, and a stack of Hay – - As they were going off, which they did in about

p110

a quarter of an hour after setting fire to the Buildings  and stacks in passing an enclosure they saw the Horse upon which Bromsgrove had been riding, and one of them remarked that he had no doubt that Fellow was settled – one of them then mounted the Horse and they went away. I believe toward the Mountains – - while we were prisoners in the kitchen they took some of the men to assist in catching other horses – they caught three, besides Bromsgroves, all of which they took away with them – I observed that they had one new Bridle which did not belong to Mr Lawrence.

They appeared very inveterate against Bromsgrove, and two others of Mr Lawrence’s Servants named Chard and Kimble, declaring that they would kill them – - They filled about six sacks with various Articles, among which was a sack filled with onions, and which they said they should taken to their Farm – They laid their sacks on the Horses and led them away; only one of the Party being on horseback – During the whole time they appeared quite cool and collected, &  went about every thing very leisurely and methodically – It wanted about an hour to sunset when they went away, and I immediately proceeded on Foot to Mr Brumby’s where I got a horse, and went to Woolmers to give information of the above particulars.

RW Lawrence

Sworn before me at Woolmers

Van Diemen’s Land this

21st day of Feby 1826

Tho: Archer

JP

CONNOLLY Ellen(prisoner) HOUNSLOW Samuel(Prisoner)  6 March 1822   Launceston Tasmania

http://www.rootsweb.ancestry.com/~austas/marrig.htm

CONNELLY, Ellen. Per “Janus”, 1820

1820 May 16

On list of convicts transhipped from the “Janus” to the “Princess Charlotte” and forwarded to Hobart (Reel 6007; 4/3502 p.37)

http://colsec.records.nsw.gov.au/indexes/colsec/c/F12c_com-con-04.htm

frances Munro  (View posts) Posted: 7 Jul 1999 12:00PM GMT

Classification: Query

Surnames: Connolly, Hounslow

Looking for any info on Samuel Hounslow/Hownslow,convict,

m. Ellen Connolly/Connelly(convict) 1822,Launceston,Tasmania

Dau. Ellen Hownslow b.1821, Launceston.

Samuel d.1854, Hobart,Tasmania.

Need info on other children(if any),Convict info for both Ellen and Samuel, their place of borth etc.

http://boards.ancestry.co.uk/localities.oceania.australia.tas.general/549.756/mb.ashx

marriage

HUDSON Thomas(clerk)    VINCEY Ann      HOUNSLOW Samuel(Prisoner)  CONNOLLY Ellen(prisoner) 6 March 1822   Launceston Tasmania        tassiegw@start.com.au

http://www.rootsweb.ancestry.com/~austas/mw2.htm

http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON40-1-1,380,239,F,20

convict record above.

And

http://search.archives.tas.gov.au/default.aspx?detail=1&type=I&id=CON40/1/1

From:

Manuscript 3251 National Library of Australia. Echoes of Bushranging days.

Vol 1826

p111 Feb 26 in purple pencil

Cornwall

Van Diemen’s Land

To Wit

The information of Ellen Hownslow who being first duly sworn saith I am the wife of Samuel Houndslow and reside with my husband in a Hut under the Western Mountains at the back of Norfolk Plains, my Husband is a servant of William Saltmarsh’s and has charge of his cattle- yesterday week the 27th of January last, my husband went to the Hut upon the stock farm of Mr Abraham Walker about four miles from our Hut, and whilst he was away William Haywood a servant of Mr Joseph Archer’s came to our Hut and enquired where Sam my Husband was, I told him he was gone to Walkers Hut, William Haywood remained with me all Friday night and my Husband did not return home – On Saturday morning he got up and as he was making up the Fire we heard a Gun go off, Haywood said I wonder who that is firing, I replied that I did not know who it was without it was Mr McRae a settler who lived within a mile of our Hut, Haywood said if it is him I must not let him see me for he and I have had some words and I should not like him to see me off my Master’s Run and as Mr McRae was approaching our Hut, Haywood went and concealed himself under my Bed Mr McRae came in and remained some time and said he had been firing at two ducks in the Swamp, Mr MC Rae then went away and Haywood

p112

sat down with me intending to have some breakfast – whilst we were sitting at the Table Mr McRae came again to our Hut and said to Haywood “Billy are you here” Haywood said yes Mr McRae said that if Haywood did not keep off the Run, he would report him to Mr Archer, they had several words on the subject and Mr McRae again went away shortly afterwards William Haywood went also, Mr McRae came a third time to our Hut and let his sheep out of our yard and watched them about the place as he said he expected Mr claytons shepherd down to draw some sheep out that had joined his Flock – whilst Mr McRae was sitting with me he said he was afraid of William Haywood doing him some injury for having accused him of stealing some of his Sheep some time ago, and that Haywood had told him then that he would be revenged of any one who did him a private injury it if was ten years afterwards, and Mr Mc Rae then said to me I will for the future always call here as I go round my run and the same coming back so that if you do not seem me come back after going round my run, I beg of you to report my being missing in order that my Body may have some Christian burial in the event of my being killed, Mr Mc Rae remained and took some dinner with me and was just cutting some tobacco to fill his pipe when William Haywood came briskly into the Hut and said my God what an accident has happened to one of Sam’s heifers, Mr McRae said what has happened, Haywood replied that it had got bogged in Mr Clayton’s creek and that he and another

p113

man of Mr Archer’s had been trying to get it out and could not without more help and a Rope. Haywood had his Trowsers tucked up and looed as if he had been doing what he said, Mr McRae immediately offered to go and assist and he and Haywood went away together, Mr McRae had a Double Barrelled Gun with him and Haywood had a musket which he always carried for protection against the natives, about half an hour after this I went out to get some wood and hear first one Gun go off  then another and then a third quite quick one after the other – I returned to my Hut and having the toothach laid down on my Bed desiring my little Girl to keep watch about the Hut, about an hour after Haywood and Mc McRae had left the Hut Hwywood came back with his trowsers tucked up his sleeves the same and his legs and arms covered with mud, he told me to get up,  I did so, I then said well did you get the heifer our of the creek Haywood said never mind the Heifer, I said where is Mr McRae, he said do not trouble your head about Mr McRae, I have settled the Scotch Bugger at last Haywood then placed himself alongside of me and drew a pistol from his breast and said to me holding it to the side of my head “now mind if you do not tell the story I am going to tell you when Clayton’s shepherd comes your life is not worth a halfpenny” I was much frightened and promised that I would say anything that he told me to say well then said he “When Clayton’s shepherd comes you must tell him that McRae came by your hut this morning and left apart

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of his sheep and that he then went home to his breakfast, that he came back shortly afterwards and went to look after some more of his sheep and came running back very soon threw his jacket off and took his Gun saying that the natives were up at the blind creek and that he went away in that direction and that you have seen nothing more of him” Haywood then went out and washed the mud off his arms and legs and came in again filled up his pipe and began to smoke, I went out to give some siftings to my fowls and as I turned round again to go back to the Hut, I saw a young Man with a musket and a Pistol and a pouch tied round his waist, he had also a knapsack on his shoulder – I exclaimed on seeing him Hello , how are you there, and I saw at once he was a Bushranger, he went into the Hut and took some Tea, Bread and meat, Haywood remained in the hut and conversed in a friendly way with him and I found from their conversation that the stranger had lived as servant with Dandy White and that Haywood had known him there; the stranger then went away taking some tobacco and some Gunpowder with him, William Haywood remained in the Hut and shortly afterwards Clayton’s shepherd whose name I do not know, but who goes by the name of Jack the Goatman came to the Hut and asked if Mr McRae was there, I then told him the story which Haywood had desired me to tell him – the shepherd then went away I appeared to be as friendly as ever with Haywood and said to him surely you have not left that poor

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man’s body for the crows to eat, he said the Bugger is laying in the long Grass and I will dig a hole for him and put him in in the morning in the course of conversation I asked him how it was that McRae had not taken a shot at him as well and Haywood then told me that as they were walking together he began to praise McRae’s Gun and that he asked McRae to let him measure which was longest in the barrel his Gun or McRae’s that McRae put his Gun into Haywood’s hands and that Haywood then ordered McRae to go a certain distance off him and say his prayers for that he had not long to live. Haywood said that he then shot McRae and afterwards shot his two Dogs which must have been the three shots I heard fired, I let the conversation drop and said nothing more about Mc Rae but was as civil and as friendly with Haywood as usual, being afraid that he would go into the Bush and watch his opportunity to kill me if he suspected I gave any information about him, night came on and I went to Bed with my little Girl, Haywood slept on a Bed in the Hut near the Door, I could not sleep and just at break of day, I saw Haywood get up take a spade and go out. I got out of bed and watched through the corner of the Door and saw Haywood proceed in the same direction that he and McRae had gone, I made a cup of Tea and afterwards raked the fire up just as it was then he went out and laid down on my bed again; about two hours afterwards Haywood came in and I saw that the spade was not quite dry  and judged from that that it

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could not be too far off to the body, Haywood told me that he had been burying McRae as I was anxious that the crows should not devour his body, I told him I was glad he had done that – this was Sunday morning Haywood continued in the Hut and about the middle of the day one of Mr Walker’s shepherds called “Jem” came to the Hut and said “is it not a droll thing that McRae has not come home I called at his Hut and found the fire all out” Haywood made answer “the mistress can tell you about his” and I accordingly repeated the same story that I had told to Clayton’s shepherd, and the shepherd Jem said, he supposed the natives had go the upper hand of him and killed him, Haywood said God knows they killed one of Lawrence’s shepherd’s a few days ago – this lad Jem staid a short time and I could not get an opportunity of speaking to him in the course of the next day, Jem came again to the hut and I said to Haywood I wish you would chop me some of that wood for the fire, he said yes and went out to do so and while he was out I had just time to whisper Jem to tell Clayton’s shepherd to go immediately to his master at Norfolk Plains and tell Mr Clayton to come out with a strong party  as my life was in danger and if any one was at the Hut when he came to call me out of the Hut Haywood then came in and Jem shortly afterwards went off saying that he would go and look after his cattle, this was Monday, about an hour afterwards Jem came again whistling by the Hut, he came in and sat down and just then two cows got into my garden and

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Haywood went out to drive them back Jem then said that Clayton’s shepherd would not go down without he knew what he had to tell his master I then told him to say that Brady and his gang were coming repeatedly to the Hut and that I considered my life in danger Haywood remained at the Hut Monday night and all day on Tuesday and Tuesday night – about eight o clock my Husband and a Man named Western (Weston?) came in on Wednesday morning William Haywood left the Hut and I told Western the particulars and desired him to go at once to Henry Clayton and report it to him, on Thursday morning Mr Joseph Archer and Mr Lawrence’s overseer came to our Hut and shortly afterwards some soldiers came up with Haywood handcuffed and took him away to Norfolk Plains; I think I can find the place where Mr McRae is buried, these five Books and this knife are the property of the late Mc McRae – I heard the late Mr McRae say last Saturday morning that he had about three hundred and fifty sheep, these are now at my Hut some sugar a jacket a shirt and a plaid belonging to the late Mr McRae

Ellen Houndslow’s mark

X

Sworn before me this 4th day of February 1826 at Woolmer’s

Van Diemen’s Land

signed

Tho: Archer JP

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The information of Ellen Houndslow who being first duly sworn saith this spade has been in use at Saltmarsh’s Hut where I resided upwards of eighteen months it was always kept in the Hut and used as a fire spade, I swear it was this very spade which William Haywood took out with him on the morning after he had murdered Mr McRae /namely the Sunday morning/ and which I saw him bring back again to the Hut with some wet sticky soil upon it and he then told me he had been burying McRae I have not seen Clayton’s shepherd since he came down to the Hut on the day Mr McRae disappeared I have not seen Jem/Mr Walkers Shepherd/ since I sent him with the last message to Clayton’s shepherd on the Monday after Mr McRae’s disappearance, I have not seen John Western (Weston?) since the Wednesday morning after Mr McRae’s disappearance when I told him to go to Henry Clayton to report what had taken place. haywood had his musket with im when he left our Hut with McRae but he did not bring it back with him, I do not recollect any thing further.

Ellen Houndslow’s mark X

Sworn before me this 17th day of February 1826 at Woolmer’s

Van Diemen’s Land

signed

Tho: Archer JP

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Cornwall

Van Diemen’s Land

To Wit

The information of Samuel Houndslow who being first duly sworn saith I am a servant of Mr William Saltmarsh’s and reside upon his stock farm under the western mountains behind Norfolk Plains; about an hour before sunset on Friday the 27th day of January last, I left my Hut with some cattle which I was going to take down to my master’s farm at Norfolk Plains, I passed by Mr McRae’s Hut and saw him and Mr Clayton’s shepherd /who goes by the nick name of John the Goatman/ getting some sheep into the yard, I went on as far as Mr Abraham Walkers Stock Farm about four miles and a half from my Hut and there I stopped that night, there were three of Mr Walker’s men in the Hut, two of whom are named James and one Sam, I do now know their surnames – on Saturday morning the 28th of last month I left Mr Walkers Hut and got to Mr James Davey’s about twelve or on o clock I  stopped to get some refreshment and went on in the evening to my master’s farm, where I remained Saturday night, Sunday, Sunday night, Monday and Monday night and on Tuesday morning between eight and nine o clock I set off on my way back to my Hut, I called at Mr Walker’s Hut and there saw Mr Walker’s three men and Mr Clayton’s shepherd, but none of them said a word to me about Mr McRae’s disappearance, I went on to Mr McRae’s Hut and there saw a man named John Western who told me he thought

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Mr McRae has lost and had been killed by the natives; and said his reason for thinking so was from what my wife had told him, Western said that he heard from my wife that Mr McRae had not been seen since Saturday which was the day after I left my Hut to go to Norfolk Plains, it was just dark when I arrived at Mr McRae’s Hut and when I left it on my way home John Western accompanied me – when I got home which might be about nine o clock on Tuesday night I found my wife and child and William Haywood a servant to Mr Joseph Archer there – as soon as I entered the Hut I asked my wife when she saw Mr McRae last, she told me that he came into my Hut on the morning of Saturday the day after I left home, threw off his jacket took up his Gun and sent away saying that the natives were up at the blind creek which is within a short distance of my Hut and that she did not see him afterwards, William Haywood was present but did not say a word, I had no conversation with Haywood I went to bed very shortly after I got home Haywood was then sitting on a spare bed place in the room, when I awoke in the morning about six o clock Haywood was gone and I do now know how long he remained in the hut after I went to bed my wife did not say anything further to me that night, nor did I observe that she was agitated or uneasy I have heard Mr McRae say that he had every reason to believe that William Haywood had stolen some of  his sheep and that he had accused Haywood of having done so, Mr McRae never told me that he was apprehensive of William

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Haywood doing him any personal injury the last time I saw Mr McRae was on Thursday the 26th January the day before I left home for Norfolk Plains he came to my Hut to give me two Letters to take with me, Haywood has frequently called at my Hut and I do sear that after he returned with the shorn sheep from his master’s farm on the lake River to the Stock Farm near my Hut he William Haywood did stop at my Hut all night two different times and these two different times that he slept at my Hut all night were within a fortnight or three weeks before I went to Norfolk Plains on the 27th January last – my wife told me the night I reached home that a Bushranger had been to the Hut and the next morning Wednesday I desired John Western to go and report it and he said he would go for Mr Fletcher the district Constable and inform him of it, but about an hour afterwards Western said he would go and report it to Mr Archer the Magistrate at Norfolk Plains – on Thursday morning the second of this month, I saw Constable Trumpeter and a soldier bring William Haywood by my Hut handcuffed but I did not know what offence he had committed not why he was taken in as a Prisoner nor did I know what he was accused of until I was brought before Mr Archer on Saturday last the 4rh of this month, my wife had not mentioned a word to me on the subject, I went out with a Party on Sunday morning last to search for the Body and after searching about in every direction on Monday last we found a spot where there was a quantity of Blood which from the appearance

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might have been there about ten or twelve days or perhaps a less time, we continued to march about and found a place where a person had begun to dig with a spade on the bank of the creek and a Man named Thomas Watson tried my spade on the place and found it fit the marks exactly, I saw it tired, in fact I tried it myself; close by the spot where the piece of earth had been cut out with the spade, there was a hole in the bed of the creek about eight or ten feet square and from observing the piece of ground cut our with a spade on the bank we thought the body might be in there but after a long search we could not find any thing of it, close to this large Hole there appeared to have been a large fire made within the last eight or ten days, but we could not discover anything there, we continued to search on Tuesday  and on Wednesday, I did not go with the party having to look after the bullocks, Mr Davey and Constable Trumpeter continued to search on Thursday we returned to Norfolk Plains

Saml Houndslow’s

mark X

Sworn before me at Woolmer’s Van Diemen’s Land this tenth

day of February 1826

Tho Archer JP (signed)

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The information of Samuel Hounslow who being first duly sworn saith, this spade is mine I have had it upwards of three years, it was used at the Hut where I lived as a fire spade, I tried this spade in the hole in the back of the creek where the spit of earth had been removed, it fitted the hole exactly there was some blue clay on the back of it which appeared to have been on some time, the soil of the hole where the spit had been taken out was exactly  of the same kind and colour as that on the back of the spade, the soil about the Hut where I lived is of a sandy nature.

Saml Hounslow’s mark X

Sworn before me at Woolmer’s Van Diemen’s Land this 17th

day of February 1826

Tho Archer JP (signed)

The information of Constable Richard Trumpeter who being first duly sworn saith on the morning of Thursday the second of February instant I apprehended William Haywood at his master’s Stock Hut under the Western Mountains, when I approached the Hut where this man lived I perceived a man running across the Hill, I desired him to stand he did so, I asked him where he was going to he said after a knapsack of William Haywood which was planted in the woods, he told me and Corporal Barrett who was with me that he was not the liar we wanted that Haywood was in the Hut – on Sunday last

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I went with Constable Gadsby, Mr James Davey, and some others to search for the body of Mr McRae on Monday last we found a place on the bank of the creek where a spit of earth had been dug out with a spade, I saw the spade which was brought from Saltmarsh’s Hut tried in the hole and it fitted exactly, there was a deep hole in the creek close to where the spit of earth had been taken out and a large fire had been made on the bank close by, we proceeded in further search and about eighty or ninety yards from the hole in the creek we found a spot where there was a quantity of blood upon the ground, we continued our search and on Tuesday evening we saw two of Mr Joseph Archer’s men near the hole in the creek on the opposite side, they went off when they saw us, we called them back and I found that one of them was the man who was staying with Haywood when I went to apprehend him and the other was a man who had been sent up in place of Haywood, after sometime and some conversation which Mr Davey had with them they went away – on Wednesday morning we went over to the other side of the creek where we had seen Mr Archer’s two men and after searching some time we found where a large fire had been made about a hundred yards from the hole in the creek we examined the ashes and found some remains of Bones almost entirely consumed with fire we brought home this small quantity, some sheep had evidently been driven backwards and forwards over the fire with a view to destroy the traces of it, It was evident that some person or persons had been raking the ashes

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seemingly with their fingers, I am quite sure it was not a bullock that had been killed where we found the blood, there were no marks of struggling, or of a heavy weight having fallen there nor any dung or hair we considered that the body had been burnt and therefore returned last night to Norfolk Plains, we left the space at Mr Saltmarsh’s Hut, we brought down two hundred and seven sheep belonging to Mr McRae also a jacket, a hat, a waistcoat, and some Sugar also a knife.

Richard Trumpeter’s mark X

Sworn before me at Woolmer’s Van Diemen’s Land this 10th

day of February 1826

The information of Constable Richard Trumpeter who having first duly sworn saith on Tuesday last I accompanied Mr Clayton district Constable by order of Mr Archer to Saltmarsh’s Hut to make further search and to sift the ashes of the large fire where the body of Mr McRae was supposed to have been burnt with a view to discover any Buttons or nails that might have belonged to the clothes  or Shoes of the deceased, I sifted the ashes but could not discover a button or a hail, I found a few pieces of bone which Mr Clayton has in his charge, I brought the spade down form Saltmarsh’s hut, this is the Spade which we tried in the hole on the bank of the creek where the spit of earth had been taken out and which fitted the hole exactly, I observed some blue clay sticking

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to the bottom and the back of the spade and I observed particularly that the soil in the hole where the spit had been taken out was exactly similar to that on the spade, I found this hooked stick close by the Hole in the creek beneath the bank where the spit of earth had been taken out, it was in one piece when I found it and I broke it to carry it more conveniently Mr Clayton saw me break it there was no Tree from which this stick could have fallen within fifty yards of the spot where I found it, the grass round the large fire where the remains of Bones were found was burnt to the distance of about five or six yards and had then been put out apparently or it would have spread through the plains.

Richard Trumpeter’s mark X

Sworn before me at Woolmer’s Van Diemen’s Land this 17th

day of February 1826

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Cornwall

Van Diemen’s Land

To Wit

The information of Mr James Davey who being first duly sworn saith, I reside upon Norfolk Plains, last Saturday week the 28th of January last about the middle of the day Samuel Hounslow Mr Saltmarsh’s servant came to my House with some cattle belonging to his master, he remained to get something to eat and then went on to his masters farm and last Tuesday week he called again at my House on his was back to his master’s stock farm – on Sunday last I accompanied Constable Trumpeter and Gadsby and Samuel Hounslow with several others to the Stock Farm of Mr Saltmarsh  for the purpose of searching for the Body of Mr McRae who was supposed to have been murdered in the neighbourhood, we reached the place on Sunday night and on Monday morning we went in search of the Body in the direction which Mrs Hounslow said she had heard the Guns fired; we examined the swamp and then the creek and on the bank of the creek I found where one spit of earth had been taken out with a spade and in the bed of the creek we observed a large hole, thinking that the body might be in this hole we searched it very narrowly but could not find it, we had brought the spade from Hounslow’s Hut and Hounslow tried it in the hole from which the spit of earth had been dug and it fitted the place exactly, I examined the spade and found on the back of it some earth of precisely the same kind as that in the hold from which the spit had been taken, the spade was an old spade that appeared

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to have been used about a fire, the earth on the back of this spade was a bluish clay, the earth about Saltmarshs’ Hut is of a light sandy nature, we saw close to this Hole the remains of a large Fire, a much larger dire than People who go fishing at night are accustomed to make, we then proceeded in anther direction and about two hundred yards from the spot where the earth had been dug with a spade and the remains of the fire and a hole in the bed of the creek were, we found a quantity of blood upon the Ground, this is a part of what we found there, there was a considerable quantity of blood in two places about a musket length apart and we week led to suppose that Mr Mc Rae might have been shot there and form thence conveyed to the Hole in the creek, we could not find the least vestige of Hair or offal nor any remains of clothing, we continued  our search all Monday without success and on Tuesday we went again, and about three o clock in the afternoon we observed two men within about one hundred yards of the Hole in the Creek, on the opposite side to where we had found the remained of the Fire, when these two men perceived us they made off in an opposite direction, I called to them and they came up I found that they were two men of Mr Joseph Archer’s I asked them  in they knew any thing of that fire or who made it, the tallest of the two  said that he had made it himself, I asked him when and he said last Saturday was a week, Trumpeter than asked him whether he had heard any Guns fired that day, he said he did not, I was told by Trumpeter that this man who said he had made the Fire was the one who had been living with Haywood before

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Haywood was apprehended and Trumpeter said that when he and the Soldier went to apprehend Haywood they first Person they saw was this man and that when they commanded him to surrender this man said “I am not the man you want,” I asked the man what he meant by saying that; he replied that he knew he had done nothing wrong; before the man could make any answer, his comrade said, he knew there was something wrong by my coming up from my master that morning in a bustle, these two men then went away – from seeing them there without any stock I suspected that the body might be somehow near, the next morning, Wednesday, I went with constable Trumpeter over to the other side of the creek where we had seen these two men and within a short distance of the spot where they were when we first saw them I perceived that the top of the standing green tree had been burnt by a fire, this was on a place called Snake Island, I searched about and found where a large fire had been made in the fork of a large fallen tree, we overhauled the fire suspecting that the body might have been burnt there and found some remains of bones, here they are, they were longer and more distinct when we found them but have gone chiefly into powder since – the fire had certainly been overhauled by some persons before we got there and sheep had been driven backwards and forwards over it and what is remarkable is that the sheep did not appear to have been driven in any other part of the swamp or place called Snake Island; this last Fire was not more than one hundred yards from the hole in the creek * where the spit of earth was taken out of the bank and not more than three hundred yards form the spot where we found the blood and form the spot where the blood was to the hold in the creek  – and thence to this last fire was nearly in a straight direction, we were now

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fully of opinion that the Body had been burnt and that further search was useless, accordingly we returned to Norfolk Plains last night – we left the Spade at the Hut of Mr Saltmarsh, we bought down from Saltmarsh’s hut, a hat, a waistcoat, a Rug, a coat, and a small quantity of sugar, and we bought down also from John Western two hundred and seven sheep and Lambs which Western said were all that belonged to Mr Mc Rae, the ear mark of these sheep is half the back of the right ear cut off a hold in the left ear and swallow tailed – I am quite sure if was not a bullock that had been killed where we found the blood, there was no marks of struggling nor of any very heavy body having laid on the ground not was there any Hair or dung, I am quite persuaded that it was on that very spot that Mr Mc Rae was killed the  direction from Saltmarsh’s Hut and the distance from the Hut which is about a mile and a quarter to where we found the blood, quite agree with what Mrs Hounslowtold us, to guide us in searching for the Body.

James Davey’s mark X

Sworn before me at Woolmers

in Van Diemen’s Land this 10th day

of February 1826

signed  Tho: Archer JP

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Cornwall

Van Diemen’s land

To Wit

The information of John Western who being first duly sworn saith, I am a free man and resided with Mr McRae at a Hut at the back of Norfolk Plains fro about ten months up to the time of his disappearance. I reside still in the same Hut, my sheep and Mr McRae’s run together and we used to mind the flock jointly, at the time he disappeared I had one hundred and forty wether rams and Lams and Mr Mc Rae had two hundred and ten  sheep and lambs making in the flock altogether three hundred and fifty sheep and Lambs – when I returned to the Hut from which I had been absent on last Monday week the 30th January last, I found it quite deserted and there did not appear to have been a fire there for a day or two; I then went to Saltmarsh’s Hut where Hounslow lives to get some   fire and to enquire about Mr Rae; Hounslow was from Home and I found at the Hut William Haywood and Hounslow’s wife and child I asked Mrs Hounslow when she saw McRae last, she said she had not seen him since last Saturday between ten and eleven o clock, that he came there on Saturday morning about six o ‘ clock brought some of the sheep there and put them in the yard, that he stopped in the Hut till near seven o clock then went home as he said to get his breakfast and collect the rest of his sheep as he said he expected Mr Clayton’s Shepherd jack the Goatman at three o clock to draw some

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of his Master’s sheep off that had joined; that he Mr McRae returned between ten and eleven of clock with a bout twelve sheep, went into the House in a bustle, threw down his jacket took up his Gun and said that he saw the natives up the blind creek and would go after them and that he then went away and she had seen nothing more of him; Haywood kept in the Hut all the time I was there and observed that People in the bush were always in danger of Natives and snakes and that the natives had been on his Run two nights before and that he had fired two rounds at them, Haywood also said that a man of Mr Lawrence’s had been killed by the natives about a week before. Haywood’s clothes appeared quite clean, I took some fire and went away leaving Haywood at the Hut the next day I went up the Blind Creek in search of Mr McRae but could find no trace of him, not could I see the least trace of the natives having been there and I do not believe they had been there on Tuesday night this 31st January last, I heard a noise of someone driving cattle across the creek and got up, shortly afterwards Samuel Hounslow appeared with some cattle, he called out McRae is Johnny come home, meaning me John Western, I answered, I am home “but McRae has been killed I believe by the Blacks,” he was surprised and appeared sorry to hear it, I told him what his wife had told me the day before, I said to him I will go home with you and hear what she says about it today, when we got to Saltmarsh’s Hut we found there William Haywood with Mrs Hounslow she was in bed and Haywood was sitting on a bedplace

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near the Door Mrs Hounslow told her husband exactly the same tale about McRae that she had told me before and she also said that there had been a Bushranger there on Sunday who had taken away some tobacco and some Gunpowder. William Haywood slept there that night in the same bed with me and got up soon after daylight one Wednesday morning and went away, I got up shortly afterwards and was going away when Hounslow said you had better stop to breakfast, I did so Hounslow then went out to milk a cow and I went for a bucket of water but before this we were all three in the Hut together /Hounslow, his wife and myself/ and while Hounslow’s back was turned his wife faced round to me and made a sign that she had something particular to say to me motioning to me not to speak, when I returned with the water she was alone and she said to me “don’t report MrRae as being killed by the natives, he is murdered and Billy [meaning Haywood] did it” and that he had killed McRae and a little Dog of mine and another belonging to McRae also, Mrs Hounslow then begged of me not to speak to any one about it on the road but to go at once and tell Mr Clayton the particulars and beg of his to come up with a Party  to take Haywood and to bring a cart and Bullocks to bring her away, for that she was in fear of her life, she told me particularly not to say anything to her husband, as Billy and he were so intimate he might give Haywood a hint and who would go into the Bush and return some day and kill her, as he had threatened to do so if she said a word about it, she had not time to say any more

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her husband coming in with the milk, after breakfast Hounslow said, if you stop till tomorrow I’II go to Fletchers (the District Constable) with you as you don’t know the way so well as me,  he then went out and Mrs Hounslow again begged of me to go to Mr Clayton’s immediately as she was afraid of her life, the woman appeared to be very much frightened and her eyes were swollen with crying, I told Hounslow that I must go home first and as soon as I got to the Hut I started off immediately and came straight to Mr Clayton the district constable at Norfolk Plains, I have not see Mrs Hounslow since nor have I heard or seen anything of McRae, nor either of the Dogs, if my Dog was alive it would come back I am sure, the natives would not have killed the Dogs, they would have taken them away – I was at Saltmarsh’s Hut on Christmas eve with MrMcRae, Haywood came there at night and stopped till the morning of Christmas Day; I have heard MrMcRae say that he had accused Haywood of stealing some of his sheep and he had after said he would report Haywood being off his master’s stockfarm but I never heard McRae say that he was afraid of Haywood doing him any personal injury I am not aware that there are any account books or papers belonging to MrMcRae at the hut, I believe the most of Mr McRae’s clothes &c are at Mr McDonalds at the Royal Oak Hobart Town, there is nothing at the Hut belonging to Mr McRae but an old plaid waistcoat, a scotch cap and an iron Pot, I delivered two hundred and ten sheep and lambs the property of Mr McRae to Constable Trumpeter and Gadsby

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on Wednesday last the 8th day of February instant and there are no more sheep or lambs belonging to Mr Mc Rae up there – the twelve days that I was from the Hut I spent as follows, the first night at John Steven’s which was last Tuesday three weeks the 17th January, I then went into Town and remained from Wednesday till the following Monday the 23rd January at Mr Houghton’s at the Globe Tavern Launceston, on Monday night I came to John Steven’s at Norfolk Plains where I remained until Sunday morning the 29th January on Sunday night I stopped at Mr W.F. Bakers at Norfolk Plains and on the following day Monday the 30th January last I returned home as I have already stated.

Signed John Weston (copy signature)

Sworn before me at Woolmers

Van Diemen’s Land this 11th day

of February 1826

signed  Tho: Archer  JP

The information of James Stewart who being first duly sworn saith I am one of Mr Abraham Walkers stockkeepers and live upon his farm under the western mountains, last Sunday week I went to Saltmarsh’s Hut to get a pair of Pinchers which  Samuel Hounslow had borrowed, Hounslow was not at home, but his wife and child were there and so was William Haywood, I called at MrMcRae’s Hut as I went to Saltmarsh’s and found the fire  was out and when I got into Saltmarsh’s Hut I said it was a curious thing that McRae was not at home and that there was not fire in his Hut, Mrs Hounslow then

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told me that McRae went after the natives on Saturday and that she had not seen any thing of him I stopped there about an hour and then returned home William Haywood remained at Saltmarsh’s hut, it was about ten o clock on Sunday morning when I got to Saltmarsh’s Hut, on the following day last Monday week, I called again at Saltmarsh’s Hut on my way looking after some on my master’s cattle  which were stray namely four head, I went into the Hut and lighted my pipe Mrs Hounslow appeared very downhearted and uneasy, and soon after I went into the Hut she took me of one side, out of hearing of the little Girl and whispered to me to go immediately to Clayton’s Shepherds and tell him to go down to his master at Norfolk Plains and beg of him to bring up a strong party, for that he life was in danger and she said if Haywood comes in while you are here do not say a word to him about it and she pressed me to go off immediately for hear Haywood should see me, I went away, saw Clayton’s shepherd and told him what Mrs Hounslow wanted him to do, he said he would not go down without a fair understanding of what he was going for, for fear of getting into trouble, I left him and returned back to Saltmarsh’s Hut and there I found William Haywood, I went in and began to smoke Mrs Hounslow asked Haywood to cut a little wood for the fire, he went out to do so, but did not go more than six yards from the Door while he was out I whispered to Mrs Hounslow what Clayton’s shepherd said she then whispered me to tell him to say that Brady and his Gang had been there three or four times and that she was afraid of her life and to tell Mr Clayton when he came up, if there was any one in the Hut

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with her, to call her outside first and protect her as she was in danger of her life, Haywood then came in with the wood, I remained a  short time and wished them good day, went to Clayton’s shepherd and told him what to say and he came on that same night to our hut on his was to his master’s; Haywood remained at Saltmarsh’s hut when I left it to go to Clayton’s shepherd, I have not spoken to Mrs Hounslow since. yesterday fortnight I was over the chief of Mr Joseph Archer’s Run and did not see any natives nor any Fires of traces of natives having been there; it is a fortnight last night since Samuel Hounslow came to our Hut with some Cattle which he said he was taking down to Mr Saltmarsh’s at Norfolk Plains Laverty and I had just returned from going round Mr Joseph Archer’s Run in search of my master’s cattle and I was at the Hut when he (Hounslow) came back from Norfolk Plains on the Tuesday following with some other cattle on his way home, I know nothing more.

James Stewart’s mark X

Sworn before me at Woolmers

Van Diemen’s Land this 11th day

of February 1826

signed  Tho: Archer  JP

The information of John Dugard who being first duly sworn saith, last Thursday week I accompanied my master Mr Joseph Archer about an hour before sunrise to the stock farm under the western mountains, I went on a head to the Hut when I arrived there I found Haywood  and Symonds counting the sheep Haywood said to me what is the matter Dugard

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I said I don’t know Haywood, my master is coming up to count the sheep; he then said I suppose I am going into camp meaning into Launceston and he then told Symonds to go and fetch his knapsack saying that he would take that with him, he left off counting the sheep that minute and said again to me Dugard am I not going into Camp, I said yes I think you are Symonds then went off after his knapsack and  met Corporal Barrett and Constable Trumpeter who brought him back and after they had secured Haywood they let Symonds go to bring the knapsack and he went and brought it down the corporal and constable took Haywood away with them handcuffed, the next day about twelve or one o clock I went with Symonds up the creek on Saltmarsh’s side and we came to a place where there had been a large Fire made opposite a large hole in the creek, I asked Symonds what that Fire could have been made for, he said he had made it to fish by, in the hold, it seemed to have been made about three or four days and was much larger than what people made for fishing Symonds has frequently asked me how I thought Haywood was getting on, Symonds told me that Haywood came home directly after the firing and that he asked Haywood what it was and Haywood said it was the Bushrangers firing at the natives and that Haywood got a piece of victuals to eat and when he had finished went off again immediately, he never told me anything else nor did I observe any thing about the place at all suspicious

John Dugards mark X

Sworn before me at Woolmers

Van Diemen’s Land this 11th day

of February 1826

signed  Tho: Archer  JP

p139

Cornwall

Van Diemen’s land

To Wit

The information of James Laverty who being first duly sworn saith I recollect perfectly well Samuel Hounslow coming to my master’s Stock Hut where I live yesterday fortnight, he came there just at night with some cattle on his way to his master’s at Norfolk Plains and remained all night the next morning a fortnight to day he went on towards Norfolk Plains and he called at our Hut on the Tuesday evening following on his way home again James Stewart did not say anything to me about Mr McRae being missing nor did he tell me that Mrs Hounslow had sent him on an errand to Clayton’s shepherd to request him to go into town for a party of Troops I was over great part of Mr Joseph Archer’s run yesterday fortnight with James Stewart and did not see any natives, nor any fires of the natives any where near.

signed James Laverty

Sworn before me at Woolmers

Van Diemen’s Land this 11th day

of February 1826

signed  Tho: Archer  JP

The information of John Price who being first duly sworn saith, I am a free man and live as shepherd to Mr Henry Clayton at his stock farm under the western mountains near Saltmarsh’s stock farm behind Norfolk Plains. I went to the Hut of Mr McRae under the western mountains on last Saturday fortnight about seven o clock in the morning I saw Mr McRae who appointed

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me to meet him at his own hut about three o clock on that day to draw three sheet put of his Flock belonging to my master and he told me if he was not at his Hut when I came there I was to follow him to the Hut of Sam the Butcher that is Saltmarsh’s Hut I returned home and Mr McRae went after his sheep accordingly about three o clock on that day namely last Saturday fortnight I went to Mr McRae’s and found that he was not there, I then went on to Saltmarsh’s Hut there I found Mrs Hounslow and a Man who is called Billy the Flat a servant of Mr Archer’s, I enquired if Mr McRae had been there and left some sheep for me Billy the Flat said no, he has left his sheep outside the yard and went away into the Bush leaving his Musket there and that he Mr Mc Rae presently came running back and said he had seen the natives and took his musket and went after them, I do not recollect Mrs Hounslow speaking at all, she seemed to be quite terrified and I thought at the time that probably Billy the Flat might have been taking liberties with her, I went  home, about one of two o clock on the day /Monday/ fortnight one of Mr Walker’s stockmen called Jem came to my hut and said Mrs Hounslow had desired him to tell me to go to Mr Clayton’s and request him to come with a party to her Hut and for Mr Clayton to come himself I told him I did not like to go in upon such a story as that, that I must know what the party was wanted for, Jem went back and returned shortly afterwards saying that, the reason she wanted a party was that Brady had been there three or four times and that she was afraid of her life; I gathered my sheep together and went that

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night as far as Mr Walker’s Hut on my way to Mr Clayton’s, on the following day I saw Mr Clayton and told him what the woman had sent me word by  Jem, I have not seen any thing of Mr McRaes since last Saturday fortnight, nor have I spoken to Mrs Hounslow since last Saturday fortnight, I go by the nick name of Jack the Goatman.

John Price’s mark X

Sworn before me at Woolmers

Van Diemen’s Land this 13th day

of February 1826

signed  Tho: Archer  JP

The information of William Saltmarsh who being first duly sworn saith I reside at Norfolk Plains, Samuel Hounslow is a hired servant of mine and lives upon my stock farm under the western mountains about twenty miles at the back of Norfolk Plains, I ordered Samuel Hounslow to bring in some fresh cattle to the farm where I reside and to take back some others about the middle of January last, but the cows had not calved in time and he did not comedown with the cattle till the last Saturday in January, he arrived in the evening of that day and he remained at my House form Saturday evening till the Tuesday morning following about eight or nine o clock and then I sent him back with some other cattle to the stockfarm

William Saltmarsh’s name X

Sworn before me at Woolmers

Van Diemen’s Land this 13th day

of February 1826

signed  Tho: Archer  JP

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the examination of William Haywood who saith I am  an assigned servant to Mr Joseph Archer and have resided for upwards of a twelve month upon his farm under the western mountains, in charge of a Flock of Sheep belonging to my master, I never had been at the Hut where Hounslow lives for three days altogether, I knew Mr McRae the last time I saw him was last Thursday week in the morning, Hounslow and he were together, I slept at my own hut on that night and have not slept away a single night from my own Hut during the last three weeks, I was at Hounslows Hut on last Tuesday night when Hounslow and Western returned, I was at Hounslows Hut on last Saturday afternoon when Mr Clayton’s shepherds came there and asked in Mr McRae was there, Mrs Hounslow told him that Mr McRae had been there early and left some sheep that he went to look for some more and presently afterwards came running back and said the natives were there, they he threw down his jacket took up his double barrelled Gun and went away again and that he had not returned, I have nothing further to say

William Haywood’s mark X

Sworn before me at Woolmers

Van Diemen’s Land this 4th day

of February 1826

signed  Tho: Archer  JP

p143

Cornwall

Van Diemen’s Land

To Wit

The examination of William Symonds who saith it is a month last Tuesday since I was sent up from Mr Joseph Archers farm on the Lake River with William Haywood in charge of a Flock of Sheep to the stock farm belonging to my master about a mile and a half from Mr Saltmarsh’s Hut where Hounslow resides William Haywood as been away all night from the Hut t my masters stock farm five or six different times during the month I have been there with him, he used to tell me overnight that he should go and be out with the Sheep but he never took a Blanket Rug or Coast with him, when he returned in the morning he did not say anything to me, his musket he always kept concealed in the Bush but where I never knew, William Haywood told me about three weeks ago that Hounslow would soon be going down to Norfolk Plains with some cattle and on the afternoon of yesterday /Friday/ fortnight he left the hut about four o clock saying that Hounslow was going down with the cattle and that he was going to help him across the creek with them, Haywood went away accordingly and did not return that night to our Hut; the next day /Saturday/ between twelve and one o clock I heard three Guns fired in the direction between Snake Island and Clayton’s Bridge, which is about half a mile above Snake Island; two of the Guns went off very quick one after the other and the third about three minutes after the other two, about an hour before I heard the Guns fired Haywood who had been home and had given me some soap to wash my

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Clothes had gone away again and he remained away all that night; the following morning /Sunday/ Haywood came to the Hut about nine o clock, I asked him f he had heard the firing yesterday he said it was a Bushranger who had come across some natives and had fired three shots at them and that he had seen a Bushranger at Hounslow’s Hut who had told him so, Haywood asked me threee of four different time if I had mentioned to any one my having heard the firing I said I had not and he desired me not to tell any one, we then went round the sheep together and he left e on the Run and he remained away form our Hut all that night, the next day /Monday/ Haywood came to t the hut but at what hour or how long he stayed I do not recollect Haywood went away and did not return again to our Hut all that night, on Tuesday afternoon  I fell in with Haywood on the Run and I was going round the sheep, about half a mile below Snake Island, he did nt come to the Hut at all that day nor did he return to the hut all that night; on Wednesday morning, Haywood came to the Hut about nine of clck and got his Breakfast he then went round the run with me and we collected all the Sheep and brought the to the yard at our Hut intending to count them the following morning – Haywood remained what the Hut all that night, on Thursday morning while we wee counting the sheep John Dugard another of Mr Joseph Archer’s men came there, Haywood asked Dugard what was the matter Dugard said there are some Men coming up to take you into Town, Haywood immediately left off counting the sheep and asked me to go and fetch his knapsack which was planted in the Bush, I went after if and on my

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Way fell in with Corporal Barrett who called to me and I went up to him, he said he wanted me I replied I am not the man you want, having heard from Dugard that it was Haywood whom the Men were coming for, the Corporal took me down to the Hut and when he had secured Haywood told me I might go and fetch the knapsack which I did, Haywood never asked me not did I ever assist in getting a heifer of Hounslow’s or of any other Persons out of the Creek or out of any Bog whatever – the natives have only been once on the run and that was ten days after I first went up with Haywood and then Haywood fired at them, since that time I have neither seen them not their fires I recollect Haywood telling me that McRae had accused him of stealing his Sheep and Haywood also said the McRae had reported his being off the Farm, but I never heard Haywood threaten to do McRae any injury I asked Haywood three or four different times whether any thing had been heard of McRae and he always replied that the natives had got him, I made the fired near the hole on Saltmarsh’s side of the creek to catch eels there, I never saw the remains of a large fire upon Snake Island nor do I know any thing about it.

William Symonds mark Q

Taken before me at Woolmers

Van Diemens’  Land

This 11th day of Feruary 1826

Signed Tho Archer JP

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Cornwall

Van Diemen’s Land

To Wit

The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith four or five days before I was apprehended by Mr Leith’s servants Barrett and Spong I was near Clayton’s Old Hut about a mile from Saltmarsh’s Hut at the back of Norfolk Plains, between eleven and twelve o clock in the forenoon when I was hailed by a strange man who asked me who I was, he had a double barrelled piece in his Hand and immediately he spoke to me I jumped behind a tree and said, I am a stockkeeper  he replied ground your arms I had a musket in my  hand but no pistol I said I am a Bushranger  and if you don’t ground your arms I will blow your brains out he did not ground his arms, I fired at him he returned my fire, I loaded again and fired at him a second time and he immediately fell I reloaded my musket and went to him, he was lying on his back, he wore a straw hat green cloth trowsers a checked shirt and ankle shoes he had a strip of a black silk handkerchief round his hat, he had neither Powder nor shot about him, he had no jacket, waistcoat or neck handkerchief he had only one pocket in his Trowsers, there was nothing in it but some pieces of waste paper, when I fired at him my Gun was loaded with two Balls, I wounded him in the belly, he was taller and stouter than Mr McKinnon his hair was about the colour of Mr Sinclair he had whiskers about the same colour as his hair they were

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Not very large – the place where I shot him was about four hundred yards from the Bridge over the Creek between Clayton’s old Run and Mr Archer’s Run, and below the Bridge, I dragged his body ten or twelve yards towards the creek where there was near a cart load of old dead wood  which I threw upon the man I had shot and set fire to it, he had a black and white Dog and a red and white one with him, I coaxed these dogs to me they were little cur dogs I tied a stone round the neck  of each of them and drowned them in the creek near the fire which was close to the creek I stopped a few minutes until the fire was well lighted, I took nothing from his person, but burnt his straw hat with the rest of his clothes and the Body I should have taken his shoes but they were too small for me, there was some high bladed grass where I made the fire, I examined the man’s double barrelled Gun both Barrells were unloaded I tied some brown paper round the lock with an old black silk Handkerchief and hid the Gun in an hollow fallen tree that laid about fifty yards from the Creek and three hundred yards above the Bridge on the same side as Clayton’s Hut; about an hour and a half after I had shot the Man I went to Saltmarsh’s Hut there was nobody there but a woman and child, I told her I wanted sugar and ammunition she said she could not give me any I must take it, I took about a quarter of a pound of Tea, three or four pounds of sugar and half a pound of Gunpowder, I ate some bread and butter and drank some tea and smoked my pipe in the Hut

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where I remained about an hour, there was no man in the Hut whilst I was there, I formerly lived with Mr Thomas Whyte of Norfolk Plains. I did not tell the woman I had lived with dandy Whyte, I slept in the forest that night about five miles from the Hut the next night about fourteen miles from the place near the Penny Royal Creek the following night I slept near James Hortle’s Hut, the next night at the Western River about three miles above Mr Leith’s remained there all that day and the next night and was taken about nine o clock the following morning by Spong and Barrett and was taken by them to Launceston and lodged in Gaol – I never saw William Haywood until I saw him in Launceston Gaol.

Taken before me at Launceston the twenty fifth day of February one thousand eight hundred and twenty six

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Rex vs William Haywood

Murder

5 symbols of shorthand

5 June 1826

[below in pencil]

Murder of McRae

Of

McRae’s Hill

Blackwood Creek (?)

McRae

Murder

1826

p150

Van Diemen’s land

To Wit

The information and complaint of Thomas Hayes a crown prisoner of Launceston in Van Diemen’s Land taken upon oath before me, one of his Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, this eighteenth day of November in the Years of our Lord One Thousand eight hundred and twenty six which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say): – I have resided in the dwelling House of John Sharman at Launceston since the ninth instant, he was that day sent to the Watch House he is a crown prisoner last night I went to bed about nine o clock as well as Ann Sharman and four young children who were the only other persons in the house. I fastened the door by putting a nail about the latch which went into an iron staple in the Door post before I went to bed about an hour and a quarter afterwards I was alarmed by the barking of the dogs I saw two men near the gate I went to them they were Michael McDonald and John Osborne McDonald said he wanted to see Sharman I told him he was in the watch House he then said he wanted to see Ann I told him she was not within he said I insist  on coming in whether she is at home or not; I ran into the House and held down the latch of the Door with my hand the Door was forced open by some Person or Persons outside with

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Such violence  as to draw the iron staple into which the latch fell Michael Mc Donald immediately came in at the Door and I saw Osborne standing within two or three yards of the doorway I desired McDonald to quit the Premises he said he would not Osborne endeavoured to persuade him to o so he still refused I then requested Frederick Denman and Joseph Chick to take charge of the House to prevent McDonald from going into Ann Sharman’s bed room until I returned when I ordered Mc Donald to go out of the House he said I will not, and I will knock you down if you interrupt me or say anything to you

Thomas Kaye (signed)

PA Mulgrave JP (signed very shaky)

The examination of Frederick Denman a crown prisoner a clerk in the Commissariat Store in Launceston in Van Diemen’s Land taken under oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and it dependencies the eighteenth day of November  in the Year of our Lord one thousand and eight hundred and twenty six in the presence and hearing of Michael

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McDonald and John Osborne mentioned in the Information and complaint of Thomas Hayes hereunto attached which said deponent upon his oath aforesaid – deposeth and saith a follows (that is to say) I live next Door to the House where Thomas Hayes lodges, about ten o clock last night he called to me I went to the House and aw Michael Mc Donald  standing in the entrance of the House intoxicated Hayes said he had broken into the House and requested me to take charge of him until he should fetch a constable a Person named Chick was with me after Hayes went out McDonald tried to get our of the House I struggled with him and was pushed into the Yard where I saw William Anderson and another Man there I went up to them and said what brought you here Anderson immediately struck me a blow upon the side of the head with his fist which stunned me I gave him no provocation Anderson said to me after he had struck me I will soon dispatch you if you interfere again, Chick at this time

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Had charge of McDonald

Frederick Hy Denman (signed)

PA Mulgrave (Signed very shaky)

The examination of Joseph Chick a crown Prisoner a Javelin Man of Launceston in Van Diemen’s Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies the eighteenth day of November in the Year of our Lord one thousand eight hundred and twenty six on the subject of the preceeding information and complaint in the presence and hearing of Michael Mc Donald John Osborne and William Anderson which said Deponent on his oath aforesaid deposeth and saith as follows (that is to say) I lodge with Frederick Denman in a House next to that where Thomas Hayes lodges last night about nine or ten o clock I heard Hayes called for assistance I went with Denman and saw a stranger standing in the Room Hayes said he wished we would prevent that person from going into the bed room that he had broken open the Doors Hayes went away leaving Denman  the Stranger and I in the House about five minutes after wards

Signed PA Mulgrave

P154 (inserted folded A4 page = a5)

Sir

I beg leave to inform you that George Hacking?  In my House wounded? By Brevy & he states to me that he fell in with them? in Roses? Forest he is ? our in my Hoze and I just cam home from Town and I sent my servant of with? All spent? I don’t wish to Disturbe them until you see him your humbell Ser. John Diehn/Dickson?

P155

Received 2 o clock am

Sunday 5th March

P156

[to]  PA Mulgrave

JP Esqr

P157

Cornwall

Van Diemens’ Land

To Wit

March 1826 (in pencil)

The information of John Develin who being sworn saith, I am free by servitude, and reside at the Springs about six miles from Launceston. On a Saturday I think the first Saturday in March instant, I was in Launceston and returned home about eight o clock in the evening, when I found George Hacking in my House, he was wounded in the Head and said he had been shot by Brady the Bushranger that evening and had been at my House about Two Hours; he was lying down upon a bed which my wife said she had provided for him, I examined the wound in his head and was afraid to convey him to Launceston until I should hear from Mr Mulgrave the Coroner, I wrote a note and delivered it to Henry Hart a free man in my service and desired him to go direct to Launceston and if possible  to see Mr Mulgrave and deliver to him the note hart returned to my House about eight or nine o clock the next morning I asked him if he had delivered the noted to Mr Mulgrave he said he had, and that Mr Mulgrave had sent him to the Commandant he did not say whether he delivered the note overnight or in the morning it was about

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Half past eight o clock on the Saturday night when Hart left my House with the Note.

About an hour ad a half after Hart had returned home on the Sunday morning a number of armed men came to my House I did not count them, there might be six or seven of them, they rushed in at my back door and asked for a wounded man, I told them the wounded man was gone to Launceston in charge of a constable, they enquired how far he was in the Road and one of the added, if you tell a lie you are a dead man, I told them he had left my House about half an hour, they immediately afterwards left my House and in about ten or twelve minutes I heard the report of a Gun or pistol, I never saw either of the armed men before or since.

George hacking was taken away from my House by constable Riley about half an hour before those armed men came into my House

John Develin Isigned)

Sworn before m at Launceston this twenty ninth day of March 1826

PA Mulgrave JP (signed)

P159

John Develin

Information respecting George Hacking

Brady 1826/1827 (in pencil)

P160

Cornwall

Van Diemen’s Land

To Wit

The information  of George Hacking who being sworn saith I was shewn a number of prisoners in the Gaol Yard and Launceston this day by the Keeper Mr Gough I could not point out any one of them as the Man that Matthew Brady told me was named Rice near Dugan’s House at the Springs on the day I was shot about the third of fourth of March last, I do not know that I ever worked at the Government Mill at Launceston with any one of those men who have been shewn me – (memorandum) Michael rice being brought into the presence of George Hacking he saith) I do no know that either of the men now present were with the Party of Bushrangers when I was shot on the third or fourth of last march I did not know that any one of those men is named Rice

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I do not know that I ever worked with any one of those men.

George X Hacking his mark

Sworn before us at the Gaol in Launceston the fourth day of January 1827

H Simpson JP

PA Mulgrave JP

The information of Mr William Henry Gough Keeper of His Majesty’s Gaol at Launceston by order of JE Simpson and PA Mulgrave Esquires I placed all the Prisoners confined in the Gaol in a rown in the middle of the yard between three and four o clock this afternoon Michael Rice was amongst them George Hacking stood in front of him some time and they looked each other full in the face Hacking walked slowly along the rows of

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Prisoners and appeared to examine than minutely.

WH Gough (signed)

Sworn before us at the Gaol at Launceston the fourth day of January 1827

H Simpson JP

PA Mulgrave JP

(signed)

p163

bushrangers

Jan 1827

[in pencil]

p164

Cornwall

Van Diemen’s Land

To Wit

The information of George Hacking who being sworn saith, I am under sentence  of transportation for seven years, I broke out of Gaol at Launceston last Thursday week about eight o clock at night, I escaped over the paling,, I remained in the Bush all that night and the next day and night, I had no Irons on, I took a loaf with me from the gaol, I went into no House on Friday, on Saturday morning between eight and nine o clock I was near Doogan’s House and turned into the Bush, I soon after heard a voice say, who are you, I went on and a man said, stand fast or I will blow your brains our, come this way, who are you; I went to him and told him who I was, and that I broke out of gaol, he said we are a party, and will take you in he then took me up to six more men, all of them had Muskets, Bayonets and Pistols, he ordered me to sit down, a strange man same up  and conversed with him who took me /and afterwards told me his name was Brady/  after they had conversed together about half an hour, twenty yards from the rest of the party, Brady came  up to me

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And tied my hands, the strange man called to him, Brady went to him and talked with him five minutes, then returned to me where I was sitting amongst his men, and untied my hands, he then said, I am Brady, you took us for a party did you not, I said I did, he then said  will you fancy to join us, it is at your own option to go or stop, I said I would go about my own business, I then got up to go away, he ordered me to sit down and take breakfast, which he said would be ready in a few minutes, the strange man had gone away and returned in about half an hour with some boiled potatoes, and Boiled beef, all warm in two cloths, Brady’s men made some tea, the strange man stopped until we had breakfasted, then spoke apart with Brady and went away, taking the cloths with him, I then asked Brady if I would go, he said no, not till night, the strange man will not allow you to go till night, Brady said the strange man lived at Doogan’s House

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He brought the breakfast from that direction, we were about a quarter of a mile from it, I could see it from the place where we sat, it was nearly all clear ground between us and the House, we sat a little way in the Bush, the strange man was about five feet eight inches high, fresh coloured, he wore blue Trowsers, a snuff? Coloured jacket, a sealskin cap, and had dark hair; he returned in about an hour and brought two Bottles of rum, and went away immediately, I drank some of it, Brady and his party played at cards and drank Rum until about two o clock when the man returned nd brought some more boiled beef and potatoes, which we ate he also ate some he then went away and returned again with another man an hour before sundown, Brady met them before they got to the party, conversed with them ten minutes, when they came to the party this other man was named Rice, he told Brady I had once some men working under me of the Government Mill at Launceston.

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And that he was one of them. I then recollected him but denied knowing him; Brady and his party then planted their knapsacks three or four in number, and a bag of Tea and one of Sugar behind some Trees and commenced buckling on their pouches, and fixing their Bayonets into their straps, Brady then said we must await till the other man come, he is bringing some Grog to us, in about ten minutes another man came up, he was a stiff lump of a man, he was a sulky looking man, and wore a grey jacket and Trowsers and a velveteen waistcoat, the party said he had to fight soon for Ten Pounds at the Cocked Hat Hill, he brought two Bottles of Rum with him, which the party and the three strange men drank and then got up, Rice and the man who last joined the party had a musket each, Brady said they must be at Dry’s before dark to see the ways of the place; he told me to walk alongside of the best man who  walked first, if I did not known the way, I asked him to have the goodness

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To let me go about my business, he said, he could not let me go, on account of the three strange men until we had been at Dry’s, and that he should see how I behaved there, we walked about two miles in the Bush until we got near a deep creek, the first man that came to Brady’s Party then gave me a Bottle with some Rum in it, and ordered me to go down to the Creek and make some Grog, Brady was then down in the Creek, the whole party  took me down to him, Brady ordered me to sit down, I did so, and he said, do you think you can stop here if you are tied, I said I must stop if I am tied, but I would rather go about my business, he replied, these three men are not willing you should go, Brady tied my hands behind my back with a handkerchief over my face and head, I said, is this is Brady are you going to shoot me” he said, I am, these three men are afraid that you should live, they do not say you have ever

P169

Harmed any one, but they are afraid you will do, I said, well will you allow me a few minutes to say my prayers before you shoot me, he said no sit steady, there is no time to delay, and immediately a pistol was fired and I felt myself wounded on the left side of my head, I was senseless a short time, and then felt I was being rolled down lower into the bottom of the creek, my hands were then untied, the handkerchief was left on my face, my shoes were taken off, and a great lot of boughs thrown over me, so as to cover me up, I heard one of them say, how quick he died, another said, come on, come on, let us be going, I did not know these voices, before Brady tied my hands he laid a musket and pistol down close to me /after I was covered I heard the party walk away/ I lay there about half an hour, then got up and washed the blood off me as well as I could, my wound was bleeding very hard, I walked right away over a Hill, the first House I came to was the Penitentiary on the Cocked Hat Hill, it was nearly dark, I asked two or

P170

Three persons who were unyokeing some bullocks where John Develin lived, they said three quarters of a mile up the Road on the right had side, they asked me what was the matter with me, I told them I had hurt myself, I was afraid to tell them the truth, I went to John Develin’s House I asked if he lived there, a woman said yes,  he is not in the House, I said, will you let me stop here all night, she replied, some in and let me see who you are, I went into where she had a candle lighted in the inner room, and told her who I was she said I might stop, I told her what had happened to me, John Develin same in soon after, I told him what was the matter, I told him to write a letter to you, he said he would and send a man off directly and ordered him to go to you immediately, I remained there till nearly ten o clock  on Sunday morning, Constable Riley put me into a Cart which shook me so much I was obliged to get out and walk s well as I could, we came towards Launceston, and when three hundred yards behind

P171

The Penitentiary on the Cocked Hat Hill a boy came up the road on horseback who, being hailed by Riley, said he was going towards Mr Wedge’s Party, Riley looked behind him and said, the Bushrangers are coming after us, the Boy on horseback turned back his horse and galloped towards Launceston I told Riley  was a done man, that he had better get away as fast as he could, he did not leave me, Brady and his same six men I had seen the day before came within ten yards of us, Riley said keep back, they rushed towards us, one of them had hold of Riley who got away from him but lost his hat, one of the bushrangers rushed up to me and was drawing his pistol when the others shouted, do not mind a pistol shoot him with a Musket, he pushed his Musket right against my breast, I laid hold of the muzzle and shove it to fend it off me as well as I could, he pulled it out of my hands two or three times and pushed it to me again, and as he pulled the trigger, I turned my body a little n one side and fell flat on my face, the Bushrangers then directly turned

P172

Me over and pulled my shirt off my breast, which was blazing with the gunpowder, and looed at this wound on my right breast, and said he is stiff enough now, they then overhauled my other wound that I got the night before and some of them said they never knew such a thing before, as that I was not dead from the shot I got in the Bush, they then went away and left me; I got up in about twenty minutes and went to the Penitentiary where I saw Constable riley, who took me a little way into the Bush where we hid ourselves for a short time, Riley then said he would go towards the Hut and see if he could see the Bushrangers and went away and did not return, in about one hour afterwards I got upon the road and walked into Launceston myself.

I heard the bushrangers say that they had a Boat in the River Tamar and that if it was not gone they would have it and get a vessel out of that River or Captain James’s vessel from the Western River.

P173

I am sure all the three strange e were present when the Bushrangers shot me at the Creek, and I do think one of the three was named Kelly, this was the man that came up last night with the Rum, I believe all these three men lived at Googan’s House, they all came from that direction to the place where the Bushrangers took me. I fear I shall died from the affects of my wounds.

Sworn before me at Launceston this tenth? Day of March 1826 in the Hospital

PA Mulgrave JP (signed)

The information of George Hacking, who being again sworn saith, Bernard Shields was with the Party near Boogan’s House on last Saturday week, when a man called Brady and his six armed companions were present, Shields brought two bottles of Rum to the Party in the evening and accompanied them until I was shot, I believe by Brady, as stated in my former Deposition, Shields had no arms with him, he appeared to go voluntarily, I saw him speak with Brady

P174

Brady apart from his companions; about ten or eleven o clock on that morning I asked Shields to make me away from Brady and his Party, he said he had no objection if Brady would let me go, Brady said I should not go, I now consider myself in a dying state I never expect to get any better.

I never saw Shields before the fourth instant that I recollect, I know him by his features, he had a Brown jacket on that day, a sort of snuff coloured jacket, I do not know if he then wore a cap or Hat.

Sworn before me in the Hospital at Launceston the thirteenth day of March 1826

PA Mulgrave JP (signed)

The information of George Hacking who being sworn saith, the two foregoing informations which have been read in the presence of Michael Riley and Bernard Shields are to the best of my belief true

P175

I am certain that Shields is the man who brought bread and meat to Matthew Brady and his party on Saturday, the fourth instant near Doogan’s House.

I am not altogether so positive as to my recollection of the Person of Riley as I am to that of Shields, I am sure Shields brought two Bottles of Rum to the Party.

Sworn before me at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

P176

Cornwall

Van Diemen’s Land

To Wit

The information of George Hacking who being sworn saith, Matthew Brady is the person alluded to in my information given before you on the tenth instant, who then called himself Brady, it was him who tied my hands behind my back and put a handkerchief over my head at a place near the Springs on Saturday the fourth day of March instant; a muset and Pistol were lying by his side whilst he put the handkerchief over my face, and immediately my eyes where covered a shot was fired close to my head which wounded me uner the left ear.

Sworn before me at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

This information having been taken in the presence of Matthew Brady, he said, ah! You old scoundrel I wish I had shot you if I had fired at you with a piece instead of a pistol you would not have been here now.

Witness my hand at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

p177

The information of George Hacking, who being sworn saith, Patrick Bryan, was one of the armed men in company with a man called Brady on Saturday the fourth day of March instant, when my eyes were blinded and I was immediately afterwards shot in the left side of the head at the Springs in this County.

Sworn before me at Launceston this fourteenth day of march 1826

PA Mulgrave JP (signed)

The information of Joseph Smith, who being sworn saith, I am free by servitude, I am a shoemaker and live in the house of James McGarrett at the Cocked Hat Hill, his brother Robert McGarrett also lives here, I recollect the Saturday in which Mr Dry’s House was said to have been attacked, about a month ago;  Berhard Shields had lodged in the house for some time until a week before that day, when he left it James McGarrett went from home on Friday preceeding the Saturday on which

P178

the Dry’s house was attacked, before six o clock that morning Constable Crowther came there and enquired for a man named Rice and Bryan Kelcher?; about half an hour after the constable went away. Six or seven men came to the house, they were armed with muskets and some of them had knapsacks, one of them enquired for Rice, and Bryan Kelcher, I told him a constable had just been enquiring for the same persons, they then went away, towards Mr Jame’s farm; about eight o clock Bernard Shields  and Bryan Kelcher came to the house they breakfasted there, Bernard Shields then wore a snuff coloured jacket and a Black hat he and Kelcher went away in about half and hour, Robert McGarrett was from Home, he went our soon after six o clock, Kelcher returned to the house about eleven o clock and enquired for Bernard Shields and immediately went away, about one o clock Bernard Shields returned to the house and asked me to lend him a Bottle of Rum, he brought an empty bottle with him, I filled it with Rum, and he took it away with him, he did not tell me who it was for, or where he was going with it, no person came to the house till about five o clock when a lad named John Brenan came there and

p179

enquired for Bernard Shields Robert Mc Garrett came home about eight o’ clock that night, he did not tell me where he had been all day; I did not see Bernard Shields again until the following Wednesday when he came to settler with James McGarrett for some wheat; Bernard Shields wore a Blue Jacket when he came to the house the second time on Saturday; when he came there the first time I told him that a Constable and some other armed men had been there enquiring for Rice and Kelcher. Kelcher was present, he laughed and said I am the man they wanted, Bernard Shields observed, if I were you I would go into Mr Mulgrave’s office and see what they wanted, and I will go with you, Kelcher replied I will so son as I was myself, and said he would go to Doogan’s for that purpose. Bernard Shields and he went away towards Doogan’s House, one quarter of a mile from Mc garrets.

/signed/ Joseph Smith.

Sworn before me at Launceston

This fourth day of April 1826

PA Mulgrave JP (signed)

P180

The information of Robert McGarrett called at the instance of Bernard Shields who being sworn saith I am an assigned servant to James Dunn and live along with my brother and Joseph Smith at the Cocked Hat Hill. I recollect having heard that Mr Dry’s House was attacked by Bushrangers on a Saturday three or four weeks ago, I know a man named Thomas Kenton was shot near our house the next morning, I went to see him after he was dead, I do not mind where I was on that Saturday, I think I was at home reaping my Brother’s wheat, I do not remember that I saw Bernard Shields at my brother’s house that day, he had fallen out with my brother James some weeks before who said he should not come there again, I do not know that I saw Bernard Shield’s hat day, I do not know that I saw him making a bottom of a stack that day, I heard the next morning that Thomas Kenton had been shot and soon afterwards saw his lying dead near a house occupied by Samuel Field and others at the Cocked Hat Hill.

/signed/  Robert McGarrett

p181

Sworn before me at Launceston

This fourth day of April 1826

PA Mulgrave JP (Signed)

Bd Shields x

4-6 shorthand symbols

5th April 1826  2 shorthand symbols

Ml Rice and Thomas Mc Garrett

Brady (in Pencil)

P182

32 lines of shorthand (one full page) approx. 15 symbols wide

only word written is – Brady

p183

32 lines of shorthand (one full page) approx. 15 symbols wide

only word written is – Brady

p184

32 lines of shorthand (one full page) approx. 15 symbols wide

only word written is – Brady

p185

c.20 lines of shorthand (one full page) approx. 15 symbols wide

only words written   – Brady, Kelly, Doolan, Jame’s and date  15th March 1826

p186

4/5 x A4 page

shorthand – except for words: Michael Riley and 11th March 1826

p187

Hl Henry Blowing??

Thos McCourt

Mrs Mc Court

P188

½ page – Shorthand page – except for words:

Bernard Shields

13th March

p189 (one reverse of above)

v Ml  Rice

George Hacking

10th 11th and 13th

of March 1826

5 x shorthand symbols

Develin’s note

Brady (in pencil)

P190 March 1826 in Blue Pencil

The information of William Oldfield (a free man) of Sydney in New S Wales who being duly sworn saith  we John Lawrie, J.B. Childs, Astley Lawrie, Richard Green?, Jno Aspey?,and other?  Left Sydney in the boat FAME 2nd day of June 1824 we proceeded to the southward and were taken prisoners by Mr J Griffiths on about the 24th same month, in the Brig GLORY in Twofold Bay – we arrived in Launceston early n the month of July, assisted by Mr? Lawrie, I drew u a statement of the case and forwarded the same by post to Mr RL Massey,  Hobart Town desiring him to lay the same before the Attorney General r Gellibrand without delay the following week (or the week after) we received an answer by post from Mr Massey stating “That he had laid the case before Mr Gellibrand – and that he would give

P191

His opinion on his arrival at Launceston shortly after this. The Attorney General arrived here, and immediately (viz the morning after his arrival) sent for us – after some conversation on the case, in reply to questions put by Mr Gellibrand, I informed him that I was a free  man that I had been the prisoner by Mr Mulgrave, and that I was then made bail, he then advised me to bring an action against Mr Mulgrave on the charge of false imprisonment, and  also  against Mr Jonathan Griffiths – he then added that he would give his opinion in waking (? Court?) the following day – which was done and endorsed – “5 guineas” – which I saw? Was paid by Mr Laurie with the addition of 5 guineas as “ a detainer”

Sworn before me at

Launceston the 25th

Day of March 1826

WM Oldfield (signed embellished)

Joseph Thomas  ?? (signed)

P192(back of above)

Informations of William Oldfield

March 25th 826

P193  (This is a COPY of the same statement found on page 25)

Cornwall

Van Diemen’s land

To Wit

March 26 (in pencil)

The information of Thomas Watson a Ticket of leave, who being sworn saith, I live near Mr Henry Clayton’s Hut, to the westward of the large lagoon , at the back of Norfolk Plains.

About two o’ clock last Tuesday morning *I was in company with John Cairns when we *between my House and Williams Field’s Stock Hut, we met seven armed men, three of them on horseback, there was one unarmed man with them: the armed men ordered me to stand and a man they called Goodwin took my musket from me, they then said they wanted to go to the Supply River and that  I must conduct them there, I told them I did not know where it was one of them said I must take them there or I should take no body else there ** the horses were laden with a keg of Rum, some flour, tobacco, tea and sugar and a small bag of onions, the next day we had got up upon Mr Dry’s Run when they desired me to shew them the way to Leith’s, they said they would hang him and his woman up to dry and they asked if Mr Compton was at Quambeys’ I told then he was not, and persuaded them not to go to Leiths. ** we stopped that night about five miles above Field’s Hut on the Penny Royal Creek they kept no Guard guard the night.

*** about three o clock  that day we fell in with a flock of cattle by the side of the Western Creek, Brady and Bryan rode down  after a heifer which Bird killed and a hind quarter was divided and put upon two of the horses.

p194

we did not see any of her People, the next day (Thursday) I told them I could not guide them any further, and they then steered by compass to the northward, and went about ten miles through a thick scrubby and hilly country, we stopped that night and the whole of the next day and night near a Creek which ran to the Southward and eastward. On Saturday morning they divided the luggage into ten parcels an each of the party carried one, they steered towards the northwest until they fell  in with a stream  which ran nearly north and continued along it until three or four o’clock in the afternoon – about seven o clock on Sunday morning the Party continued their passage along the bank of the river until they came in sight of some new buildings. Brady first perceived these buildings and ordered Cairns and I to have our hands tied behind us and went toward the Buildings with one of his companions called Murphy and Thomas Reid; they returned in about two hours when Brady said that he saw things through his Glass that the Building belonged to the Mill on the Supply River and that he would go higher up the river to Gildas’s  where he had been before we arrived at Gildas’s about three o clock that afternoon, James Gildas was the only person then there, Brady and three**

right side vertical column:

* we arrived at that place about three o clock on Thursday and after unloading the horse a man called Brady  took Cairns some distance who was unarmed when I met Brady, and who says his name is Thomas Reid, and the three horses some distance from the Party, and returned with the two men without the horses the next day about eleven o clock, Brady said he had taken the Horses so far into a thick scrub and over so much broken Timbers that he could not get them back again, but was obliged to return by the path he made in going into it.

p195

** three of the comrades made three or four oars that afternoon, for a whale boat that was laying at Highwater Mark; Brady and four of his companions slept with Cairns Reid and I that night in the strawyard,

two of the Bushrangers and Gildas slept elsewhere; on Monday morning they removed the whale boat to Gildas’s wharf and kept her afloat for the whole of the day, the Bushrangers said with the intention of intercepting the commandant’s boat which they had heard was to pass from George Town to Launceston that day with the Commandant; that they intended to shoot him, cut off his bloody head, and throw him overboard, this conversation passed amongst themselves a man called Bird said the most about what they would do to the Comandant; Gildas, Cairns, and I remonstrated with them and endeavoured to persuade them from their purpose of killing the commandant, until two or three of the Bushrangers especially Bird, threatened to run the bayonet into us; they said they wished they could get to Launceston, that they would blind and crop Mulgrave, and serve out old Dry; Brady seemed fully determined on coming into Launceston , and purposed going to Mr Dry’s first and then to the Police Office, and wanted me to shew them the way over the Cataract which he said I must do if they failed in taking the Brig Glory which

p196

they said was coming down the River. All the time we were at Gildas’s he was in charge of one of the Bushrangers called Goodwin, between seven and eight o clock last night, I said to Gildas “will you fetch the meat for supper”, he said “yes”, and immediately left the room where he and I were sitting in company with Murphy and Godwin, about five minutes afterwards Brady came into the Room and said to Goodwin “where is the old man” Goodwin replied “he is just gone out” five or the Bushrangers then went in search of Gildas and returned in about ten minutes and said they could not find him, about half an hour afterwards a Boat was heard coming up the River Brady ordered Reid, Cairns and I to be taken to the river side where our hands and feet were tied by his comrades, who with Brady kneeled down upon on knee close to the River side, with their muskets presented whilst they were in this position a Boat with four or five men besides Mr Thomas Whyte ran in immediately abreast  of the Bushrangers and about the centre of them; the bushrangers said as the Boat touched the shore “Lay down lay down every one of you lay down or we will shoot you, is the commandant here  which is the commandant?” some one in the boat

p197

said, “the commandant is not here” one of the Persons in the Boat wore a white Hat, Bird said “this is the Commandant, we have got you”, and knocked that person down with the But end of his Piece, that Person I afterwards heard called Captain Smith, when he was down he said “I am not the Commandant” “do not illuse me” the Bushrangers then ordered the persons in the boat to go to the House accompanied by some of them whilst the rest untied the legs of Reid, Cairns and myself, and also marched us into the house; when Brady  looked very hard at Mr Thomas Whyte and said, “Oh Mr Whyte we have got you at last, many a time you have chased us but we have caught you now”, Whyte said he had never done them any harm and that he hoped they would not take his life. All the Bushrangers continued to threatened and abuse Whyte for several minutes because he had chased them, Whyte said he was a Kings Officer and was obliged to do his Duty; similar conversation continued several minutes, when Goodwin who was standing sentinel at the door ordered every one to be silent and not speak a word; Whyte some time afterwards ordered the men who came with him in the Boat that were talking to be silent, when one of the Bushrangers said “yes and

p198

we will silence you  by and by” the door of the House was then opened and Brady enquired if any Prisoner had come in the Boat with Whyte, one man said he had been made a Prisoner by Whyte in the Straits, he was ordered out of the House and Brady said to him now you are free, go which was you like, the man replied there is nothing against me I do not want to go, Brady said “well do as you like” he then ordered Cairns, Reid, and I to go out of the House, and our hands to be untied, he then told us to go into another room where there were two of three of the Bushrangers and get our suppers, whilst we were eating one of those Bushrangers said “the Glory is gone past, and we have missed our liberty on account of that old Bugger running away”, another replied “it is all right still, we can have her yet”, the other answered “we cannot do it, Boats will be from Launceston before we can get her out of the Heads”, others of the Bushrangers then came into the Room, one of them proposed to shoot Mr Whyte, others to crop his ears, and others to make his go down to the Glory, hail her, go on board, and navigated her for them, some of the Bushrangers then said they would not take the Glory on account of Parties, when Brady said, “oh damn it we will take the Boat belonging to the Duke of York out of the Heads and you Cairns must go with us and pilot her” Cairns

p199

said he never Piloted a Boat in his life, Brady said he should go, and ordered Reid  and I to take the luggage down to the Boat, we did so and retuned to the door of the House, Brady called Mr Smith out and asked him what property he had got in the Boat, Mr Smith said a suit of Black clothes in a canvas bag, Brady then went with me to the Boar and made me take the bag to Mr Smith, who said part of the things in it belonged to Mr Whyte /this was in answer to an inquiry from Brady/ who ordered him to take his own clothing out of the Bag, which he did, and Brady put the remainder into the boat; a long consultation took place amongst the Bushrangers during which it was said that Hilton and another convict were on board the Glory sentenced to Norfolk Island, and Brady recommended that they should be liberated, he then desired the other Bushrangers to got out and determine what they should do, they went out, and in about five minutes two of them came back and told Brady that they, the Bushrangers, wished to go on board the Brig Glory, and go down in her if she were attacked, I then asked Brady to let me go, he appeared perplexed, and said I do not know what to do, went out of the Room where we were, returned again, and called

p200

me and Reid out of the Room and told us he would let us go, Bryan one of the Bushrangers came up to Brady, and said “What shall we do with this Whyte, let us shoot the Bugger” I begged they would not commit any murder whilst I was with them, when Bird proposed to cut off Whyte’s ears, I said he has a wife and three children, when Brady answered “well we will not cut off his ears, there is no surgeon here, he will bleed to death, I will give him a reprimand, come Watson and Reid, go in here with him”, and then put us into the room with Whyte and his crew. Brady then told  Whyte that they had first proposed to shoot him, then not to take his life but cut off his ears, and afterwards to let him go on account of his family, and added “I do not think you are worthy to die yet, I will let you live a little longer and I hope I shall hear a better character of you”. Brady then gave a musket to one of the persons who came with Whyte after pouring water into the barrel, and taking out the flint, and said “I desire you will remain here all night, there is a sheep ready killed, which you may eat, and if any questions are asked about it say Brady gave it to you, Mr Smith there is a good Bed for you, good night Boys” and then shut the door and went away

p201

with all his party, about ten minutes or a quarter of an hour afterwards, I went our at the door and saw a Boatfull of men about sixty yards from the landing place, going obliquely down the River; I soon after went down to the landing place, Mr Whytes Boat was gone and a Government Boat that was lying there which had arrived soon after Mr Whyte came there, and whale crew where made Prisoners, whilst Mr Whytes crew Reid, Cairn and I were confined, and were put into the Room with us that Boat was stove and lying high and dry, the Tide was three parts out when Brady and his party left Gildas’s.

The Bushrangers  kept no sentinel whilst they were in the Bush generally lighted their fires so soon as they stopped on an afternoon, and lessened the quantity of fire before they went to sleep, the names I heard the bushrangers called by were Brady, Bird, Murphy, a boy called Edward, John Tilly, Patrick Bryan and Goodwin who is sometimes called Simpson, they were all well dressed and each armed with a soldiers musket and bayonet, Brady had a double barrelled Pistol and the other Bushrangers had some one and some two Pistols, Bryan had a three barrelled brass Pistol, I believe they had about two hundred rounds of Ball cartridges when they left Mr Gildas’s besides a large quantity of loose powder and shot, a bag full of Tea, about eighty pounds of sugar, but not more

P202

than six or seven pounds of Biscuit no flour, and no meat except one sheep, which they took from Gildas, also a bag of onions and some peaches; they had  a kangaroo bitch, I am not certain if there were any sails in the Boat.

One of the Horses was a dark brown coloured horse, another a bay mare, and the third a black mare, which the Bushrangers said they had taken with another mare from Mr Lawrence’s; the Bushrangers asked me what sort of a man Mr Lawrence was, I said I had never heard anything against him, they said that they had been informed that his overseer and

some of his men had been after them, that the overseer had come up to Mr Laurence’s House whilst they were there, that they had fired at him but were not sure whether they had killed him or not, that they had burnt Mr Lawrence’s House and wheat on account of this overseer and men going after them, and taken away his horses, that if Mr Lawrence bore a good character they were sorry for him, and hoped he would get a better overseer.

I found this pistol marked /Scudamore & co/ after the bushrangers had gone from Mr Gildas’s by the side of a Bag containing some sugar near where they had piled their arms; they did not appear to place more confidence in Reid than in Cairns or I, they took Cairns away with them from Gildas’s he was not a sailor.

P203

I had no jacket on when the Bushrangers took me prisoner, they gave me this jacket the same evening, and said they had got it from Mr Young.

Whilst I was with the Bushrangers I gathered from what they said, that there were five more belonging to the Party not long ago, who had separated from them and were led by Patrick Dunn, and that Coady? was amongst them, who Brady said was a very good look out, I think they differed in consequence of some action they had in which they lost a man, and that they parted only a few days before they went to Mr Lawrences. I frequently heard them mention their Farm, and that when they were there altogether they used to run races with their horses, after the Bushrangers  left Mr Gildas’s, Mr Smith and some of the sailors left the House as they said to repair the Government Boat, returned in about half an hour,  had some tea and awoke Mr Whyte; who was asleep, and everyone left the House.

[ version changes below from what is on p25+ earlier in this volume]

Reid and I came to Launceston by Land. Mr Whyte Mr Smith and the rest went towards the boat; the Bushrangers killed and destroyed five of Mr Gildas’s sheep including the one they took away with them, and the one they left with us in the House.

P204

I saw no mutton salted at Gildas’s. After Goodwin had taken my musket from me the Party allowed me to hide it and my ammunition, I know where to find them.

I saw Gildas’s Boat that the Bushrangers made the oars for on the Sunday lying high and dry on the wharf, after they had left in Mr Whyte’s Boat

/signed/ Thomas Watson

Sworn before m at Launceston this twenty eighth day of February 1826

PW Mulgrave JP

The further information of Thomas Watson who saith the Rum that the Bushrangers had with them was drank in the first three days after I had fell in with them, Murphy had charge of a Bundle of Plate amongst which I saw about twenty silver spoons and four or five silver sups with handles when we were at Gildas’s the Bushranger took a watch from Mr Whyte and one from Captain Smith they returned Smith’s watch but kept Mr Whyte’s.

Whilst Brady Cairns and Reid were absent from the party on Friday morning Murphy took me up a hill about three miles from the party from which we saw Mount Direction and the River Tamar, we were absent about two Hours.

Thomas Watson (his signature)

[below in margin on right side]

Taken before me at Launceston this second day of March 1826

PA Mulgrave JP (signed)

** The bushrangers had a double barrelled gun with them when they were at Gildas’s.

Information of Thomas Watson

March 1826

Bushrangers (in pencil)

P205

The information of Mr Charles Dowdell who being sworn saith, some time about the middle of October last, I left Hobart Town with a Sealing Boat I had hired from Mr Nichol of Brown’s River, and took her to east Bay Neck near Oyster Bay where I saw the black native Boy named Robert Murray, now present, he said he had been in the service of Mr Ralph Dodds, and that that Gentleman had turned him away, and said he wanted to go to the Straits, I told him I was going to the White Rock and that he might go with me he said he would go to the White Rock, and got into the Boat I put him upon the White Rock, and a few days afterwards I went to Hobart Town leaving the Boy Murray upon the Rock with William Young, a sealer; I hired a sloop called the Union at Hobart Town, and arrived at the White Rock with her about the tenth day of November about a week after I sent the Union to Scouten Islands seven miles from the White Rock, and one mile from the main of Van Diemen’s Land, her crew consisted of

P206

A man named Peter [blank space] who had charge of her, and the native Boy Murray, she went to the Scouten Islands for wood and water she had a small Boat belonging to her, which Boat had no name, but was usually called the Dingy, ten or twelve days after the Union had left the White Rock Peter [blank space] returned to the White Rock in a boat called the Blue Eyed Maid, and told me that early one morning (either the nineteenth or the twentieth of November) the black Boy Murray had absconded from the Sloop Union, and had taken the Dingy with him, and that about four Hours afterwards, Brady and his Party /Bushrangers/ arrived on board the Union in the Blue Eyed Maid boat and seized upon the Union and took her away, and made him their Prisoner, and that he had not seen either the Boy Murray or the Dingy since, I believe Peter’s statement to be true.

Charles  X Dowdell

His mark

Sworn before me at Launceston

This fourth day of March 1826

PA Mulgrave JP

Dowdell vs Murray

4th march 1826

Brady [in pencil]

P207

The affadavit of Mr William Young who deposeth and saith the double barrelled Gun no produced is my property and was feloniously stolen from my Residence at the lake River by Matthew Brady and his party /Bushrangers/ on the twentieth of last February

W Young (signed)

Sworn before me at Launceston

This eighteenth day of March 1826

PA Mulgrave JP

P208

[back of previous page]

the affadavit of William Young

GUN

March 1826  Brady [in pencil]

P209

Police office 2 March [in pencil]

The information of Mr James Clark Smith owner of the Schooner Caledonia who being sworn saith on Sunday evening last the twenty sixth day of February last about nine c clock I landed at Mr Gildas’s wharf on the west bank of the Tamar from a Boat called the Blue Eyed Maid in company with Mr Thomas Whyte commander of the Brig Duke of York and five seamen it was so dark that I could not see any person on the Beach whilst the boat was approaching the shore. I was the first man that got out of the boat, I landed upon the jetty and walked a few steps when several voices exclaimed we are the Bushrangers lay down or we will Blow your Brains out and at that moment I received a blow upon my head I fell I saw a number of armed men around me and one of them said it is the commandant knock his bloody brains out I then received another blow I begged for mercy and said I am not the Commandant that man who had knocked me down said who are you I said Smith he replied what Captain Smith and immediately lifted me up, so soon as they

P210

Struck me they snatched my watch from my Person they marched the whole of us to the House, one of the Bushrangers who I afterwards heard called Brady said to Mr Whyte do you remember chasing me off Maria Island, Whyte said he was only doing his duty Brady and several others of the Bushrangers threatened to take Whyte’s life, I begged hard for him to be spared, they then said they would cutt off his Ears, I again interceded for him and they said they should give him a Reprimand.

I saw no double barrelled Gun in the possession of the Bushrangers nor in or about Gildas’s House.

After I had been at Gildas’s about fifteen minutes another Boat arrived the men who came in that Boat were taken up to the House and put into a Room with us who had been made Prisonders and a double sentry placed at the Door, a few minutes after Brady came into the Room and returned me my watch and said he was sorry I had been hurt they afterwards threted me with kindness.

The man who knocked me down was called Brd he said there was a Rope bar and a Gallows erected and if I had been the Commandant they would have

P211

Hung me, the Bushrangers treated none of their Prisoners with rashness. Brady told Mr Whyte of several things he had said in different Public Houses in Hobart Town respecting his chasing the Bushrangers and how he would treat them.

Brady asked me several questions about the vessels then in the Tamar and what vessels there were in the Straits also the Distance from one Island to another. I could not give him any satisfactory account about the vessels, I told him the distance between the islands he said he should take me on Board the Glory and mae me navigate her to South America, I begged he would not take me away, the Glory passed Gildas’s whilst I was there after she had passed about two hours Brady and his party left the House taking with them a man who had his Hands tied when I landed, I remained in the House a few minutes after the Bushrangers left went to the Jetty and saw a Boat full of men in the stream pulling down the river. I repaired a Boat that had been stove nd was lying at the wharf and embarked with Mr Whyte with several others and arrived at Launceston the next morning about half past six.

P212

TheBushrangers took a watch from Mr Whyte and the Chief part of his clothing.

JC? Smith (signed)

Matthew  Brady and Others

March 1826

P213

The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith I broke out of the Watch House at Launceston with Edward Russell, James Hopkins and Thomas Jeffries on a Sunday night two or three week before Christmas, Hopkins left us soon after, I had rather not say when, Jeffries, Russell and I fell in with two men on Christmas Day near a tent about six miles from Mr Sutherland’s, one of them fired at us, the other ran away all three of us then fired, one of our shot wounded the man who had fired at us in the thigh, we ordered him to carry a knapsack at some distance from where we had wounded him he refused to do so and Russell shot him in the Body and he immediately fell and we left him. We broke his gun and left it on a tree near the place where we first shot him.

A fortnight or three weeks afterwards Jeffries, Russell and I went to the House of John Tibbs Junior, we took Tibbs, his wife, his Government man and his child away after robbing the Hut, we then fell in with a Stockkeeper and afterwards with one of Mr Barnard’s men. I believe his overseers, we had  fallen in with two of Mr Barnard’s men before we went to Tibb’s and had them with us, when we had got about two miles from Tibb’s, Russell and I took Tibbs

P214

The stockkeeper, and Mrs Tibbs and her child from the rest of the Party, after one of Mr Barnard’s men had tied the hands of Tibbs and the stockkeeper, and when they had gone with us about a quarter of a mile, Russell and  ordered Tibbs and the Stockkeepers to say their Prayers, the stockkeeper knelt down, Russell shot him with a pistol, I fired at Tibbs with a musket which I had loaded that morning with gunpowder and seven pistol balls, he ran away, I ran after him and knocked him down with my musket, his hands then got loose which had been tied with my black silk handkerchief, and he ran away, I picked up my handkerchief and soon afterwards rejoined Russell and Mrs Tibbs near the body of the man that Russell had shot, about an hour after we overtook  Jeffries with two of Mr Barnard’s men and Tibb’s man, the man who had tied Tibb’s hands was absent, Jeffries soon after took away Mrs Tibbs child accompanied by Russell, and after they had been absent about half an hour they returned without the child, the next morning Jeffries sent away Mrs Tibbs and one of Mr Barnard’s men, and in the course of the afternoon sent away the other two men singly.

About five days after that, Jeffries, Russell and I went to the Heads near George Town, took a soldier Prisoner whose musket was hanging over the fire place then went

P215

To Parish’s Hut, robbed it, took Parish, the Soldier and a sailor away with us, but released parish and the sailor, about eleven o clock that day, we released the soldier the next morning near Piper’s River, we then kept along the sea coast for three days, and after crossing three rivers fell in with four men and a black woman about twelve o clock on the fourth day after we had left the heads, all the men had Guns, two of them had pea jackets, checked shirts and red caps, the two other men had red shirts and sealskins caps, all four of them had canvas trowsers, one of them who had a pea jacket was a thin middle sized old man, he had a red comforter round his neck and carried his ammunition in a kangaroo skin pouch fastened round him with a leather belt, the other man in a pea jacket was about twenty three years of age, light hair and fair complexion, he had a pouch similar to the others – the men in red shirts were about five feet ten inches high, stout made and dark complexion, one of them had a red comforter, the other a black comforter with a green stripe, they appeared about thirty years old and resembled each other very much, I saw them when I was at Preservation Island they belonged to a Sydney boat, as they approached us they said

P216

Ground your arms, Jeffries, Russell and I replied, we will see you damned first, and all three of us immediately fired at them and three of them fell, Jeffries fired with his pistol, we were not more than twenty yards from them, the fourth man ran away when his comrades fell, Jeffries fired at him with his musket, and he fell, we went to the Bodies, I overhauled two of them, they were quite dead, and were shot in the head, Jeffries overhauled the third, I do not know where he was wounded, Russell went to the man who ran away, and knocked his brains out with a musket. Russell said he was wounded in the neck, we took nothing from them but their ammunition, they had no provisions, they had two kangaroo dogs which ran away, we broke the four guns and left them near the bodies upon a bit of a rise, on a bank about twenty yards from the sea beach, about a quarter of a mile on this side of the fourth river beyond Pipers River, they came upon us by surprise near the scrub which runs from the third to the fourth river, after we shot the men, the black woman came to us, and told us they were Boatmen, and were going after Jins {women – Gins?} we could not understand her sufficiently to make out where the Boat was, after searching the Bodies we left them, and took the black woman to a Lagoon about a quarter of a mile off, where all three of

P217

Us had connexion with her, Jeffries first, then I and afterwards Russell, we then all four dined together off some fat cakes and kangaroo steamer, neither of us had any further connexion with the woman; about three of four o clock in the afternoon Jeffries said the Blacks were all treacherous that he had been taken by them at Sydney, and shot her through the head with a pistol, we lighted another fire about thirty yards off, and remained there all night; we did not bury any of the bodies, we then went towards the George Town Road, and two or three days afterwards fell in with Bruce the Messenger, took him about half a mile off the road and examined the Letter Bag, we kept him that night with us and fell in with Magnus Bakie the next morning, about daylight, who said he had lost himself, we gave him and Bruce some Breakfast of fat cakes and tea, and then made Bakie carry two kangaroo Rugs, six or seven Miles, when Jeffries put a Pistol over my shoulder and shot Bakie who was walking close before me, at the back part of the Head, who instantly fell and never moved afterwards; Russell then took the Rugs off Bakie’s back. Bakie’s body was left about seven miles from the George Town Road, on some open ground resembling

P218

East arm flats, near the naked stump of a she oak tree, about seven feet high, we then took Bruce about two miles farther to the north east, gave him his dinner and sent him away.

We had at this time not more than seven pounds of flour, about three pounds of fat, no meat and no Dog with us, we travelled to the southward and eastwards about seven miles that day, and slept in a scrub, the next day we crossed several high Hills to the eastward, and the day after our flour and fat was all expended, I believe we were about thirty miles from Launceston, and to the northward and eastward of it, we did not know the way to any inhabited part of the island at this time and were two or three days without food of any kind when Jeffries shot a cockatoo which was equally divided between us, three or four days after, when we were much exhausted for want of food Jeffries said to me and Russell, if you like the first man that falls asleep shall be shot, and become food for the other two, Russell and I said “we board it” / were glad of it/ two days after we were going up a rocky and scrubby high hill, when we all sat down to rest ourselves, about eleven o clock in the day, Russell fell asleep, I was sitting close to him, I took a pistol from my knapsack which was loaded with three balls, and shot Russell in the forehead, he expired without a groan, I took out my knife and cut off about seven or eight pounds of flesh from the thick parts of his thighs

P219

I made a fire and broiled some of it on the fire, and Jeffries and I ate about a pound of it, I put the rest into my knapsack, and Jeffries and I travelled on, leaving Russell’s musket by the side of his body, Jeffries also left his musket there, I had a fowling piece and three pistols, Jeffries had two pistols, five days after we made Miller’s Hut, we made the man that was there kill two sheep, we stopped there a day and a night, when we went away taking with us the remains of the two sheep about four pounds of flour and a musket, we took the stockkeeper from the Hut t carry our wag, we went on to Spring Plains, as we were crossing a Creek the pressed man threw down the mutton and flour, and ran away, we went to Joseph Lowe’s Hut at Spring Plains between twelve and one o clock in the ay, as we approached the Hut we saw several Men lying down upon some wool in the Hut, we placed ourselves behind some trees, and Jeffries said come out of the Hut all of you, and if you offer to take up your arms we will blow your brains out, they scrambled for their arms, Jeffries and I both fired and wounded one of the men in the Hut, and six men run away from the Hut, one of the Soldiers levelled his piece at me but did not fire, I was some distance form the Tree at the time, Jeffries and I ran to the hut

P220

And found four muskets and a fowling piece, we took two of the soldier’s muskets, and broke the rest,  well as the two muskets we brought to the Hut, we took some tea, sugar, flour, and meat from the Hut, and travelled into the Bush seven or eight miles in search of water, about ten o clock that night I left Jeffries, my musket and knapsack by the side of a small fire, and went in search of water, it was a fine moon light night, I lost myself, and could no find the way back to the fire, the next day I found myself at Break of day Plains, I steered from thence to the westwards until I fell in with Mr McRae as I have before stated.

It was about a week or nine days from the time I left Jeffries until I fell in with MrMcRae I went into several Huts during that time, I do not wish to mentioned what huts, I procured a musket during that time, I cannot say from whom, or where form, I had it with me when I was taken. What I have stated about the four men and the black woman is all a lie all the rest is true.

Taken before me at Launceston

This fourteenth day of march 1826

PA Mulgrave JP

P221

That part of the information of John Perry respecting Thomas Jeffries, Edward Russell and the said Perry having fallen in with and killed four men and a woman on the sea coast to the northward and eastward of George Town being read Jeffries declairs Perry’s statement is totally false but admits that he shot Magnus Bakie in presence of Bruce the Messenger at the time and place described in Perry’s statement.

Witness my hand at Launceston the 14th of March 1826

PA Mulgrave JP

P222

[on back of prior page]

John Perry

Confessions

Feb and March 1826

bushrangers [in pencil]

p223

Cornwall

Van Diemen’s Land

To Wit

The information of Michael Fitzgerald who being sworn saith I recollect when Mr Charlton’s man Thomas Wiggins drove a number of sheep past my house about a month ago some of them marked with a black mark in the forehead three or four days afterwards my son drove four sheep into my yards o marked they have since strayed away.

Michael Fitzgerald (signed)

Sworn before me at Launceston this sixteenth day of August 1826

PA Mulgrave JP

P224

[back of prior page]

covered name vs Wiggins and Peele

Decided 25th Nov 1826

P225

Oct 1826 [in blue pencil]

Cornwall

Van Diemen’s Land

To wit

The information of Mr Charles Dry who being sworn saith I reside at Quambies about the latter end of September 1825 when the House was attacked by a arty of bushrangers headed by a man called Brady who feloniously stole and carried away a fowling piece the property of Mr Ralph Compton he had no other fowling piece besides that one I think I should know it again if I was to see it I believe this is the Gun I am almost certain this is the same Mr Compton was from home at the time

Signed  Charles Dry (curly “D”)

Sworn before me at Launceston this fourth day of October 1826

/signd/ PA Mulgrave JP

The information on oath of Mr R Compton who saith the beginning of September 1825 I left the farm of Mr Richard Dry at Quambys where I had previously resided upwards of two years I left a fowling piece in the Back Room of the dwelling house it was my property I should know the fowling piece if I were to see it the maker’s name is Wilkinson I brought it from England with me I had the Gun striked?  After I arrived in Van Diemen’s land I believe with

P226

Cherry tree wood, this is the gun

Sigd R Compton

Sworn before me at Launceston this twenty eight day of October 1826

/signd/ PA Mulgrave JP

Cornwall Van Diemen’s land

To Wit

The information of Thomas Johnson a constable at Launceston who being sworn saith I remember going  with PA Mulgrave Esq Superintendent of Police to the House of Andrew Clephane About the 18th of July last he was near the house I called to him and he unlocked the front door of the house the windows were fastened I searched a Box in the inner room which Clephane Said was his it contained a fowling piece which he said had been sent to hm by a person in the Country whose name he could not remember that it was sent to him to have a ramrod made to it the Barrel stock and lock were all in the Box but separate from each other I had hold of the barrel when Clephane said he was to make a ramrod to it Mr Mulgrave took it out of  my hand an a ramrod fell our of the Barrel Mr Mulgrave said I thought you had had this gun to make a ramrod to it – Clephane said no – I had it to make a screw he appeared embarrassed Mr Mulgrave

P227

Ordered him to put the Gun together he did so the ramrod appeared to fit the gun and belong thereto there was a hasp?mould for casting bullets and shot and a powder flask and several other articles in the Box, Mr Mulgrave asked him if he had any other arms in the house he said he did not know of any other and that he had none, I searched the bark skilling and a loft over the room where I had found the fowling piece in the Box and sloe to the edge of the loft I found another fowling piece Clephane said he did not know it was there and that he did not know any thing about it Mr Mulgrave asked him again who had left the Gun in the Box he said should be able to get his name in a little time Mr Mulgrave took the two fowling pieces to the Police Office and I followed him with the other articles in a handkerchief  this is the Gun that was in the Box this is the Gun that was in the loft this powder flask those metal moulds this lock of a gun this copper Bolt and this Blue cloth waistcoat were taken our of the Box in Clephanes room and conveyed by me to the Police Office where I delivered them to Mr Mulgrave.

A few days, not more than a week before I went to Clephane’s House with Mr Mulgrave I searched the same house in company with Chief Constable Lawson when Clephane said that he had no Lodgers, that he did not keep any and that all the things in the house were his own.

Sigd Thomas Johnson (not original signature?)

Sworn before me at Launceston this third day of November 1826

/sigd/ PA Mulgrave JP

p228

Be it remembered that on Tuesday the eighteenth day of last July I went with Constable Thomas Johnson for the purpose of searching the house of Andrew Clephane In Launceston when I had received information that stolen arms were concealed Clephane was near the house he unlocked the front Door the windows appeared fastened Johnson searched a Trunk in an inner room in which there were the Barrel and stock of a Gun, I asked Clephane who he had got them from, he said a person in the country whose name he did not know that he was to make a ramrod to the Gun, I then perceived there was something in the Barrel which Johnson held in his hand like the larger end of a ramrod I took the barrel from Johnson and the ramrod fell out I said to Clephane I thought you was to make a ramrod to this gun, he replied no I was to make a screw to it and appeared remarkably embarrassed I desired him to put the gun together he did so and there appeared no screw wanting this gun is the same and inverified? before me by Charles Dry  and Mr Ralph Compton as the property of the latter it has not been out of my possession since, Johnson took another Gun out of a loft in Clephane ‘s House which I still have Clephane had previously said that he had no other arms in the House that he did not know there were any besides the Gun in his box, this copper bolt this powder flask this blue waistcoat this brass mould and this Gun lock were delivered to me by Thomas Johnson at the Police Office that day they have not been out of my possession since, I saw him take similar articles out of the Box where he found the Gun, Clephane told me no person had lodged with him in that house during the preceeding fortnight.

P229

The examination of Andrew Clephane who saith Thomas Stewart of Launceston was in the house where I lived when the gun that was taken our of my box by constable Johnson in the presence of Mr Mulgrave was brought to me by some person from the country who I do not know some time in the beginning of Harvest I do not know the day or month I lent that Gun several times to Robert Towers and Thomas Peffery/Jeffery?, the gun was left with me to get a ramrod and sight made to it – Robert Towers made the wooden part of this ramrod and I made this sight, I had not said in the Police Office I could bring the person forward who was present when I put the sight on the Gun I know nothing of the other Gun found in my House, I did not know it was there I cannot write I did not take down the persons name who brought the gun.

Taken before me at Launceston the third and ninth day of Novr 1826

/sigd/ PA Mulgrave JP

The information of JW Bell who being sworn saith I am chief clerk in the Plice Office at Launceston and heard Andrew Clephane say this day that he could bring a person forward who was present when he put the sight to the Gun that had been taken out of this Box by constable Johnson.

Sworn before me at Launceston the third day of November 1826

/sigd/ PA Mulgrave JP

p230

The information of Thomas Jeffery a convict who being sworn saith  three or four months ago I obtained a pass to do to the Cocked Hat Hill and the night before I went I borrowed a fowling piece of Andrew Clephane it was on a Saturday night. I got the Gun which I returned to him the next Tuesday morning, a week or ten days afterwards I asked Clephane if he would sell me the Fun I had borrowed of him he said no I have lent it to Mr Towers and I think he is going to have it. I never borrowed any other Fun of Andrew Clephane it was a small fowling piece with a small silon? Sight, and a small piece of Gold bit? Into the stock I do not know the makers name. I think it had a colonial made stock I borrowed this same Gun of Mr Towers once or twice by Cliphane’s permission and sent it back to Mr Towers by his servant, Clephane never told me that he got the piece from any other person, I think he told me it was his own

/sigd/ Thomas Jeffery

Sworn before me at Launceston the third day of November 1826

/sigd/ PA Mulgrave JP

The information of Mr Robert Towers who being sworn saith some time after last harvest I borrowed a single barrelled fowling piece of Andrew Clephane

Twice for two or three days each time, the first time it was without a ramrod I made the wooden part of a ramrod to it Clephane

P231

Said he had received it from the country to put a sight to it he did not say from where he had received it, I never told any person he agreed to sell me the Gun, I think it had been stocked in the colony, this is the Gun, I know it, by the lock? Which is a remarkable one

/sigd/ R. Towers

Sworn before me at Launceston the ninth day of November 1826

/sigd/ PA Mulgrave JP

The information of Thomas Stewart who being sworn saith I am a carpenter, free by servitude, and reside in Launceston about three months ago, I am sure it is not six months ago, I was in the house of Andrew Clephane of Launceston when a man same there with a fowling piece without a sight and ramrod and requested Clephane to repair it and whatever he charged he would send him in by some of his fellow servants to pay him when he came in himself. Clephane asked him to whom he belonged he said he was a shepherd of storekeeper to Poll Smith and that his name was Samuel Barry or Parry I am sure it was some such name as Barry or Parry, I know it was Samuel he went our and returned with a piece of paper which he delivered to Clephane and which he said his name was written, I saw it in Pencil, there was  dispute between that man and Clephane about the stock of the Gun whether

P232

It was striked in England or in this colony, I said I thought it was striked with colonial cherry tree, have not had any conversation with any person since that day about that Gun, I believe this is the Gun, I know it by these marks in the Stock, I never saw any other Gun in Clephane’s House he has known me ever since I was a school boy, I knew him at that time he lived in the high Street in Glasgow his brother and mine were Partners in trade, I have known his since I came to Launceston

/sigd/ Thomas Stewart

The information of William Hayes who being sworn saith I am a shoemaker I resided at Norfolk Plains during the months of April and May last in one of those months – Andrew Clephane Went with me from Launceston to Norfolk Plains he had a fowling piece with him which he said a man had left with him to get repaired and he wished he would call for it he did not say where the man lived or his name he said he was to call at Mrs Smith for a trifle of money that was owing to him by a man called Joshua Darby who lived at Mrs Mary Smith’s commonly called Moll or Poll Smith, Clephane did not say the Gun belonged to one of her servants, I believe this is the Gun

P233

He had with him.

Sigd  Wm Hayes

Sworn before me at Launceston the ninth day November 1826

/sigd/ PA Mulgrave JP

The information of Joshua Darby a prisoner of the Crown who being sworn saith last harvest I was in the service of Mrs Mary Smith of Norfolk about that time Andrew Clephane called upon me there and requested the payment of a debt I owed him he had a Gun with him he did not say that he had repaired it for Samuel Parry who then lived at Mrs Smith’s stock run and who has since been killed by the Black natives.

/marked by/  Joshua x  Darby

his mark

Sworn before me at Launceston the ninth day of Nov 1826

/sigd/ PA Mulgrave JP

p234

rex v Andrew Clephane

original sent to the attorney   General  20th Nov 1826

6 Dry

Quambie

Re Brady  [in pencil]

P235

Cornwall

Van Diemen’s Land

To wit

The information of Michael Purdon who being sworn saith I am the Mate of the Nelson Schooner on the evening of the 26th ultimo Richard Marsh rowed me on board that vessel from the wharf at George Town he said he had had nothing to eat since the day before and requested me to give him some Tobacco. I took him into my Cabin and gave him some that I had concealed in a caddy near my bed place upon the top of that caddy there was a red woollen shirt worth one shilling and a pair of Linen trowsers worth two shillings my property I left Marsh in the Cabin shilst I went into the Hold to procure him some Biscuit which I gave him and some meat he then went on shore in the Boat there was no Person with him I remained out of the Cabin two or three minutes the next morning at day light I missed the shirt and Trowsers before I went into the Cabin with Marsh he saw me pour some Rum out of a Cask which I took from a secret place in the hold and gave him to drink the cask contained about two Gallons of Rum at that time the next morning at day light I also missed the Cask of Rum. Cross examined: I did not give the prisoner anything to take on shore with him except some Biscuit, I recollect everything that passed, I saw my Trowsers in the possession of William Longhurst the following Thursday.

/signed/  Michael Purdon

Sworn before me at Launceston

This tenth day of October 1826

/signed/ PA Mulgrave JP

[see footnote re SCHOONER NELSON ][ii]

p236

The information of Peter Stewart Master of the Schooner Nelson who being sworn saith I left my vessel on Sunday the 24th of September at George Town a narrow striped cotton shirt a pair of nankin Trowsers and a cotton Handkerchief all my property were there lying in my bedplace in the Cabin  Michael Purdon was left in charge of the vessel I returned to her the following Wednesday I then missed those articles I procured a constable who  delivered me an supply? Tin? Belonging to the Van Diemen’s land Company which had had preserved mear in it it smelt strong of Rum. Pinice? Said that John Murray had taken the Tin there the person who was with me was named Hutchinson he took that tin we then went to the House occupied by James Jessop and found upon a bed in the House a Pair of canvas Trowsers which Jessop said he had made himself I delivered them to William Longhurst the Gaoler believing they were the property of Michael Purdon On Thursday afternoon Jessop sent for me to the Gaol ad told me he could tell me where the things were I had lost but did not there do so the next morning he sent for me again and told me that his wife could tell me where my things were I went to his House and Elizabeth Jeffery his wife told me I should find the articles

P237

I had missed in the ruins of a skilling adjoining her House. I then found a striped cotton shirt a pair of nankeen trowsers and a white handkerchief which I had left on my bedplace on the 24th ultimo neither Jessop nor his wife said how they came there. The schooner Nelson is the joint property of Edward Curr and Stephen Adey Esquires.

/signed/  Peter Stewart

Sworn before me at Launceston this tenth day of October 1826

/signed/ PA Mulgrave

The  information of William Longhurst Gaoler at George Town who being sworn saith on Thursday the 28th day of September last I serched the House of James Jessop at George Town this pair of canvas Trowsers I found on Jessop’s bed he said they were his and that he made them he had been drinking but appeared to know what he was about on Friday morning Jessop told Mr Stewart that he would send for this wife who sould find some of his /Stewarts/ property Elizabeth Jessop came to the gaol they conversed together privately when Jessop told

P238

Me if I went to his house in an hours time I should find some of r Stewart’s things. I went there about two or three o clock Mr Stewart was with me Mrs Jessop told me if I went into the  next skilling I should find a Bundle I went into the skilling and under a quantity of broken Bricks found this striped cotton shirt and this white cotton handkerchief also this pair of nankeen Trowsers.

/signed/  Wm Longhurst

Sworn before me at Launceston  the twelfth day of October 1826

/signed PA Mulgrave

The examination of Richard Marsh who saith I went on board the schooner Nelson with Michael Purton at George Town on Tuesday or Wednesday about the 26th of September he asked me to exchange a pair of woollen cloth trowsers for a pair of canvas trowsers which he delivered to me and said he would take the woollen trowsers when he next come on shore these were the woollen trowsers I had thence then on my Person I carried the trowsers he gave me to Jessop’s house and left them there I did not lodge at Jessop’s I never knew Purton before

Richard X Marsh

His mark

P239

Taken before me at Launceston this tenth day of October 1826

/signed/ PA Mulgrave JP

The examination of James Jessop a convict in the Public Works at George Town who saith on Tuesday the 26th of September Richard Marsh brought a pair of canvas trowsers to my House and asked me to let them remain there until he could take them down to the Boat that he did not like to take them to the Penitentiary he did not tell me where he got them from he had a Bundle tied up in a White Handkerchief which I saw him take into a ruined skilling adjoining my House and come out again without them I therefore supposed he had hidden them when I said I had made the Trowsers I was intoxicated.

James X Jessop

His mark

Taken before me at Launceston this tenth day of October 1826

P240

The examination of Elizabeth Jessop who saith John Murry left this pair of canvas trowsers at my Husband’s House about a fortnight ago he came there on an evening very tipsey and asked my husband permission to leave them there I know nothing about tis striped shirt this Handkerchief nor this pair of nankeen trowsers I never told Longhurst they were in the next skilling to my Husband’s house I never told him he would find a bundle there I am sure Richard Marsh did not bring this pair of canvas trowsers to my Husband’s house I am ready to swear to the truth of this statement.

Taken before me at Launceston the twelfth day of October 1826

/signed/ PA Mulgrave JP

p241

Richard Marsh

James Jessop

Originals went to the attorney general 30th October ‘26

Schooner Nelson

Property VDL Company

E Curr

[in pencil]

p242

Van Diemen’s Land

Woolmers, Lake River

22nd Nov 1826

Present

Tho archer J.P.

Benjamin Waldron convict per arab /sentence life/ assigned servant to Mr Patrick Kean of Norfolk Plains, charged with suspicion of having killed a young Beast /steer or heifer/ the property of some person at present unknown and with having in his possession a piece of beef, being part of the carcass of the said steer or heifer

Prisoner pleads not guilty

The information on oath of James Kean taken before Thomas Archer JP on the 20th Novr instant read – also the examination of Benjamin Waldron taken on the same day being read –

James Kean, sworn saith, I have not been able to discover to whom the steer or heifer found killed near Herberts Lagoon on the 26th November belongs, nor have I been able to discover any thing further relative thereto – as I was taking the prisoner Benjamin Waldron to the constable at Norfolk Plains on Monday last the 20th inst. He said to me, “do not expect to get me back again for it you do I will kill your cattle as fast as I can come up with them”.

Sworn before me at Woolmers this 22nd day of Novr 1826  in presence of the prisoner

Tho: Archer JP

P243

Benjamin Waldron says, he does not wish to say anything farther –

The prisoner committed for further examination

Tho: Archer

P244

Van Diemen’s Land

The examination of Benjamin Waldron (looks a bit like Watson)  convict, per arab, sentence life – does not know his Police Number, who saith I have been assigned to Mr Patrick Keane nearly two years and have resided upon his farm at Norfolk Plains for more than twelve months – This morning my master sent me after the cattle which I am employed to mind, as I went along I fell in  with a young beast lying dead near a place called Herbert Lagoon about a mile & three quarters from my master’s House – the hind quarters of this Beast had been taken away, the hide had been skinned off the hid quarters there was an I branded on the part of the hide which had covered the near hip and some other Letter which I could not make out – I examined the Beast and found it had been shot in the shoulder – on leaving the spot I saw the cattle making a noise round a hole – I went up and on looking saw some bark covered over the Hole, I lifted the Bark up and found this shirt with a piece of Beef  in it – I examined the meat and found it was fresh – I tied it up again in the shirt and place it on my

P245

Head intending to take it home to my master & let him see it, when I had proceeded about two hundred yards I saw my master’s son James Kean, I told him where I had found the meat & that there was a beast lying dead near to it and I shewed him where it was – as soon as James Kean saw the Beast, he said I had killed it & that he would take me before a magistrate.

Taken before me this 20th Novr at Woolmers, Lake River

Tho:Archer JP

Benjamin Waldron’s mark X

P246

Van Diemen’s Land

Woolmers, Lake River

20th Novr 1826

The examination of James Keane who saith /in the presence of Benjamin Waldron/ about three o clock on the afternoon of this 20th day of the Month of November I met Benjamin Waldron one of my father’s assigned servants about a mile from the House, where we live – I saw that he had a bundle on his head, I asked him what he had there, he said he had some meat that he was taking home for the dogs – I desired him to shew me the meat, he did so and I found it was beef, quite fresh I asked him to shew me where he had got it from – he took me down to a place called Hebert’s Lagoon and there shewed me the remains of a young Beast; the whole of the hindquarters of which were gone – the Head and neck were there and the forequarters – There was a quantity of blood upon the ground in front of the neck – I also found that the skin had been taken off the Hind Quarters with a knife & turned back towards the forequarters; I observed the letters IB branded on the part of the skin which had covered the rear hip – There are no cattle with this brand in my father’s herd

P247

All his cattle are branded P.K. some on the near hip, some on the near Thigh & some on the off shoulder – To the best of my opinion this small Beast branded I.B. had been killed about twenty four hours – This piece of Beef which I took from the prisoner Benjamin Waldron is a part of the Thigh of a yearling herd of cattle – I desired Benjamin Waldron to take the piece of Beef home to my father

Patrick Kean’s House, he refused to do so and drew back from me saying “take care you do not know who is about you” – intending to frighten me by hinting that there were persons near who would help him – Benjamin Waldron refused to carry the meat home & I was obliged to carry it home myself & I was also obliged to keep hold of him to keep him from going away – when I got home with the meat & the Prisoner, my father desired me to take the prisoner to the District constable Mr Fullarton – I went there & found he was from home – My father then desired me to take the Prisoner Waldron before the Magistrate of the District which I have accordingly done –

I firmly believe

P248

The piece of Beef which I found upon the Prisoner was part of the young Beast which was lying dead at the Herbert’s Lagoon – The Prisoner is employed herding my father’s cattle  – when I met the Prisoner with the Beef, he was going from my Father’s House, not towards it –

Sworn before me at Woolmers, Lake River this 20th Novr 1826

Tho:Archer

James Kean  (signed)

P249

Rex vs Benjamin Waldron

Dismissed 29th Nov 1826

Woomers

Patrick Keane

[in pencil

p250

Van Diemen’s land

Woolmers, Bathurst

22nd Novr 1826

Present

Tho: Archer J.P.

Joseph Mould Convict per Medway, for life, assigned to Abraham Walker Esq charged with absenting himself from His Master’s Farm for Two Days and two nights without permission – with disobeying his master’s orders and with assaulting & striking at his master with a stick –

The prisoner pleads Guilty

The Prisoner Joseph Mould refused to say anything in his defence, or in excuse for his misconduct – but on the contrary behaved with the greatest insolence, and asserted that he would have killed Mr Walker if he could – and that he should be hanged before long – meaning I suppose that he would commit some act that would bring him to such as end

Tho: Archer J.P.

The Prisoner Joseph Mould is committed for further examination

Tho: Archer J.P.

Remark – the prisoner appears to ne insane

Tho (tiny 2 char signature)

P251

Joseph Moulds

29th November 1826

decided 29th Novr

Woolmers (in pencil)

P252  (see footnote Robert Lawrence  [iii] died 1833, botanist)

The information of Mr Robert William Lawrence son of WE Lawrence Esquire who being sworn saith yesterday fortnight I was at the House of my Father at Formosa near the lake River when the Prisoner Patrick Bryan and six or seven other armed men obliged me and some other Persons who they had made their Prisoner put a quantity of straw into my Father’s House to which one of his Companions who was called Murphy set fire, the Prisoner remained near the House armed with a musket and Bayonet until the House was nearly consumed, so soon as the Straw in the House was set fire to some of his Companions set fire to five stacks of corn three of wheat one of barley and another partly of barley and partly of oats, the Prisoner threatened to cut off my ear several times whilst he and his companions made me cook some mutton for them.

Robert William Lawrence (signed)

Sworn before me at Launceston this seventh day of March 1826

PA Mulgrave JP

P253

Cornwall

To Wit

The information of Mr Alexander Rose who being sworn saith, I reside with my uncle Mr David Rose at Emu Plains, about ten o clock this morning the seventh day of March, I was getting my Breakfast in company with Mr Alexander Cameron, when I heard the report of a Gun, I got up and sent out of the House and saw five armed men running towards Mr Rose’s House, they were followed by a Party of twelve or thirteen other armed men who were firing and running the five men they passed Mr Rose’s House at a distance of about six hundred yards, I had only two Guns in the House at the time. Mr Cameron immediately took it and followed them men who were pursuing and firing Samuel Davies, William Hibble /two convicts/ and I follwed, I was armed with a Bayoneet only David and Hibble one of them and Samuel Davies my uncle’s assigned servant requested me to let him have the other, I gave it to him and

P254

Mr Cameron and him immediately followed the men who had run past the House.

I found a Bayonet in the House, William Hibble assigned servant to Mr McKinnon and John Burridge an assigned servant to Mr Lane were near the House, and accompanied me in search of the two men who I supposed had been either wounded or disappeared from the Party of five, as it was well known that a Party of seven Bushrangers were in the neighbourhood when we had got about a quarter of a mile from the House, we fell in with a soldier and James Goodwin a Prisoner, who lives upon Mr Scott’s farm at the Springs, the Soldier said he had left his Comrades with the intention of getting before the Bushrangers and had lost his party in consequence; Goodwin said he had left his house on account of hearing the Report of Guns, the Soldier  continued his way to Mr Rose’s House, Goodwin joined Hibble, Burridge and I, the Soldier pointed to the place where he said he had fell in with the Bushrangers, and we continued our way in that direction, and when we had gone about a quarter of a Mile, Hibble said there is a Bushranger, and I immediately saw a man

P255

Running from us, he was about two or three hundred yards from us, we pursued him, I was a little before the men that were with me, and caught hold of the man who was endeavouring to run away he had no jacket or coat on, nor any arms about him, so soon as I caught hold of him he said I am done, I asked him who he was, he would not tell me, he said to me your name is Rose it is a good thing for you I had no arms with me, perhaps in a month’s time you will repent taking me, I took him to my uncle’s House and gave him in charge to the soldier, who tied his Hands behind him with my handkerchief.

Hibble and Burridge were about nine yards behind me where I laid hold of the man, and I am sure ran as fast as they could after the Bushranger.  This is the man who calls himself Patrick Bryan who I took this morning at the time and place before mentioned  I was present when this pouch of powder and these leaden Balls were taken from his person.

Alexander Rose (signed)

P256

Sworn before me at Launceston this seventh day of March 1826

PA Mulgrave JP

Rex V Patrick Bryan

And others

March 1826

Bushrangers in Pencil

END OF VOLUME

ms 3251 1822-1825 box 2 vol 1

Echoes of Bushranging days in VAN DIEMENS LAND: BRADY, MCCABE, PERRY, GEFFREYS AND BRITTON
1822 – 1825
Manuscript 3251. Box 2 Vol 1  1822-25. Collection of the National Library of Australia.

TRANSCRIPT FOLLOWING:

letter, 5 March 1825, from [as yet] unknown convict [sailed Woolwich] to his wife.

MS3251 1822-25  box 2 vol 1    p176

TRANSCRIPT:

p1 (March 1822 pencil, blue pencil underlined)

The information of Mr William Lucas who saith in the month of March 1822 I lived at my farm at Pleasant Hills on the bank of the River Tamar. About seven o clock one morning in the said Month, a man came to my House with a Gun, and knife fastened at the end of it, I was outside my House when I first saw him – he was twenty or thirty yards from me – he said do you know who I am? and immediately added “My name is Job” – He then asked where my Dog Bowler was, I told him I hoped he would not take my Dogs from me – He replied “Lucas I see you are striving to get on I’II taken nothing from you” he then went away from the House, and returned in about half an hour saying he had lost a knife and presumed to look for

p2

it until he came within three yards of me, when he pulled a knife out of his Pocket and fixed it on the end of his Gun saying “this is the knife I have lost” he put the knife close to my breast and with his thumb on the cock of the Gun said “now Lucas resist if you like” I stepped on one side – he presented his piece towards my wife, and ordered her to stand on one side – he also did the like to a man named Dwyer who was working for me. Edward Bates my Government Man was present – Job ordered him to tied my two Dogs Lady and Bowler, and to go into the House and hand him out some things, Nates went into the House and opened my Clothes Box that stood under the window, and whilst he was taking out the clothes, Job bade him hand out a new brown cloth jacket and trowsers, and an old black coat my property, also a coarse muslin shawl, and a black silk cloak, He then ordered Bates to bring out my two muskets (one

p3

without a lock) and, with the things already stashed and teht two dogs, to accompany him – Bates refused to go with him – Job said “You must go, I will not keep you long” – Bates then took up all the articles aforementioned and Job Ordered him to go before him with the Dogs – about half an house afterwards Bates returned to my House with my two muskets and my wife’s cloak – I had lived in my house about ten days, and have resided in it ever since – I was too much frightened when Job put the knife to my breast to recollect further particulars – Both my muskets were useless at the time – the man whom I have this day seen in Gaol , called Job Carfield, is the same who robbed my House at the time and in the manner aforementioned.

WM Lucas

Sworn before me at Launceston this 26th August

PA Mulgrave

p4

Wm Lucas

v

Job Garfield 26th August 1824

(bushrangers in pencil)

p5 (Jan 1824 in blue wax pencil)

Cornwall

Van Diemens Land

To Wit

The information and complaint of George Hull Esq who being sworn saith I am a Deputy Assistant Commissary General in charge at Launceston in the County Aforesaid. About twelve o clock this forenoon the Letter hereunto annexed was delivered to me at my Dwelling House by John Batman of Laucneston aforesaid, who said he was desired to deliver it to me by Mr Smith (whose hand and writing I know it to be) and to carry to him the said Mr Smith (a shopkeeper in the said Town of Launceston) my answer to his latter. I requested the said John Batman so inform the said John Smith that I could not mcuts? Person of his description, and as I considred that both him (the said John Batman) and M Smith had committed a breach of the peace I should lay the said letter before the Police magistrate. Now

p6

the said letter being obviously intended to provoke me to fight a duel with the said John Smith, I therefore pray that justice may be done.

Geo. Hull

Sworn before me at Launceston

this 18th day of January 1824

PA Mulgrave JP

p7 (inserted letter )

Sir

As you have forfeited your promise of sending to me a written contradiction to your false and unjust accusation publickly stated.

I now demand that apology or that you will meet me to morrow morning at 6 o clock fully prepared to give satisfaction for the insult

Your most obed st

John Smith

Launceston

Sunday morn

Jany 18th 1824

George Hull Esq

p8

George Hull esq

v john Smith and John Batman

18th January 1824

(to fight a duel – in pencil)

p9  (1824 in blue pencil)

Charles Abbott Deputy Provost Marshal at Launceston in van Diemens’ Land maketh oath and saith that on the sixth day of February instant he received a Replelvin Bond from Mr William Williamson on Launceston aforesaid and his sureties Mr Henry Davis and William Salter wherein the said William Williamson Henry Davis and William Patten are bound to John Beaumont Esquire Provost Marshal of Van Diemens Land in the sum of Fifty Pounds Each of lawful money of Great Britain conditioned that if the said William Williamson should appear in the Lieutenant Governor’s Court in the next term thereof, and prosecute with effect his suit against Thomas Palmer for unjustly  detaining goods chattels and effects  the property of the said William Williamson a return the same to the said Thomas Palmer if return thereof should be adjudged by the said court then the said Bond to be void, else to remain in full force and virtue – and the Deponent further maketh oath and saith that immediately after receiving the said Replevin Bond he accompanyed the said William Williamson to the Dwelling House of the said Thomas Palmer situate in Launceston – aforesaid and demanded the return of the said Goods chattels and effects the property of the said William Williamson from Eliza Fitzallan the Housekeeper of the said Thomas Palmer who refused to deliver them up – and this deponent therefore prays the aid of the Police to recover the same.

M Abbott (signed)

Sworn before me at Launceston this 5th day of February 1824

PA Mulgrave

p10

affidavists of  MR ABBOTT FW  Williamson

v Mrs Fitzallan

6th February 1824

p11 (April 1824 in blue wax pencil)

Declaration of James Smith

James Smith being duly sworn depones that some day in the month of July 1822 as he was going home from Launceston to Mr Bromley’s Mill and whilst about one hundred and fifty yards from James Morley’s house, he met Morley and Luke Fowler, who were beating a man of the name of Sharp. Deponent saw James Morley kicking the man, and the blood was flowing from his mouth. Sharp was at the time extended on the ground. Deponent  enquired what they were beating the man for, and Morley made answer “it was better for him to die (meaning Sharp) than for four or five to suffer” Deponent was informed afterwards that the reason of their beating Sharp was because he had mentioned to some people that Morley had stolen four ewes and three lambs the Property of Doctor Mountgarrett and that they were beating him in order to prevent his giving any further account of the robbery. Deponent them proceeded on to the Mill and left Sharp lying on the Ground. Morley and Fowler left Sharp at the same time and proceeded to Mr Bailey’s where they were employed at the time splitting paling as Deponent

p12

understood Sharp crept home to a hut at Morley’s where he died that evening. Deponent saw Morley two days afterwards and John Donald’s Blacksmith Launceston, where he (Morley) came to get an axe repaired and whilst there he called witness out and informed him that he “had put his other Government man James Dorrington into the Gaol, on suspicion of the murder” and he begged the Deponent “Would not mention what he had seen him doing to Sharp the other day”. Deponent informed Morley “he should say nothing about it, as it was none of his business” Deponent did not see Morley, for about three months after when he met him at Launceston at Muster, Morley then engaged Deponent to go and work with him, which he did for about a fortnight. Deponent afterwards got employment at the Mill and left Morley’s employ. Deponent remained employed at Mr Bromley’s Mills until Morley was confined for stealing Mr Lett’s Bullocks, Deponent mentioned

p13

the circumstances of his case to Richard Dry the late Superintendent about four months ago, but he took no notice of it afterwards

James X Smith

his mark

Sworn before me at Macquarie harbour Van Diemen’s Land this seventh day of April, one thousand Eight hundred and twenty four.

S Wright

JP & Commandant

p14

Information of James Smith

of Macquarie harbour ag/ Morley and Fowler for depting??? and hassing?? and Sharp

7th April 1824

(Assault in pencil)

p15

To Liet col Charles Cameron

Commandant

&  &  7

The Humble Petition of

Catherine Fowlser

Sheweth

That your Petitioner having entered upon the premises formerly in the occupation of John Thomas and known by the sign of the “Old Blue Bell” most humbly implores you will be pleased to grant her a licence for Retailing Spirits &c and your petitioner as in duty bound

Launceston 1st June 1824

William Bray (??)

Catherine Fowlser (signed)

p16

To Liet col Charles Cameron

Commandant

The Humble petition of Catherine Fowlser

Launceston 1 June 1824

p17

(slip of paper   c18 x 12 cm  w x h )

I hereby agree to part with my wife Margaret White as we cannot agree  together, and I further say that she has no more claim on me or I

Laughlan White

26th April 1824

Launceston

p18

agreement between Laughlin White and his wife

26th April 1824

p19

Unto the Honorable

The Bench of Magistrates Launceston

The memorial of   Robert Towers humbly sheweth

That your memorialist is desirous of commencing the trade of Brewer of Beer and Porter here and having fitted up premises for that purpose has most respectfully to request your Honours will grant because I your memorialist is duty bound will ever pray

Robert Towers

Launceston

21 June 1824

p20

Cornwall

Van Diemen’s Land

To Wit

The information and complaint of Mr Laughlin White who being sworn saith on or about the eleventh instant Margaret White my wife absconded from my residence on the River Tamar and has I believe been leading a disorderly life in Launceston since that time. I therefore pray that justice may be done.

Laughlin  White (signed)

Sworn before me at Launceston  this 29th Day of April 1824

PA Mulgrave JP

p21 (pencil separation agreed to)

Laughlin White vs Margaret White

29th April 1824

p22 (April 1824)

Cornwall

Van Diemens Land

Peter Archer Mulgrave Esquire one of the Justices of our Lord the King Assigned to keep the Peace in and throughout the Territory of Van Diemens’ Land. Alexander Cumberbeach, and Phillip Riely Constables of the said County, and to the Keeper of His Majesty’s Gaol at Hobart Town in the County of Buckinghamshire in the said land.

These are to command you the said Constables in his Majesty’s name forthwith to convey and deliver into the Custody of the said Keeper of the said Gaol the Bodies of Thomas Taylor, John Clayton and Luke Fowler charged upon the oath of divers Persons of their County before me

p23

Coroner for the said County, with the wilful murder of William Clements Labourer later of Norfolk Plains in this County on the first day of June  last at Norfolk Plains beforesaid also the body of Charles Kimberley charged with the wilful murder of Judith Burke late  of Launceston in this County on the twenty first day of September last at Launceston aforesaid likewise the Body of George Pennington apprehended by virtue of a warrant from A.W.H. Humphrey Esquire Superintendent of Police at Hobart Town in the County aforesaid and one of His Majesty’s Justices of the peace for the said Land, and you the said Keeper are hereby required to receive the said Thomas Taylor, John Clayton, Luke Fowler, Charles Kimberly and George Pennington into your custody in the said Gaol and them there safely keep until they shall be thence delivered by due course of law, herein fail you not.

Given under my hand and seal at Launceston this twenty fourth day of April 1824 in the fifth year

p24

of the Reign of hiss said Majesty King George the fourth

p25

Copy of warrant to convey Taylor, Clayton, and Fowler to Hobart Town

24th April 1824

(Murder underlined in pencil + Bushrangers underlined in pencil)

p26

Launceston

26th April 1824

Sir

I have the honor to enclose herewith Return of the Persons committee by me for trial before a Court of Criminal jurisdiction also certificates and documents touching inquests on the Bodies of William Clements late  of Norfolk Plains and Judith Burke late of Launceston likewise the Recognizance of John Armstrong accused of prevarication before the inquests on William Clements.

This summons if for the witnesses at Port Dalrymple could perhaps be most conveniently served if sent to Chief Constable Dawson

I have the honor to be

Sir

Your most obed humble servant

to Capt. Robinson

p27

Forwarded with the letter on the other side documents relative to the Inquests on the bodies of William Clements and Judith Burke… committal of Thomas Taylor, John Clayton,, Luke Fowler and Charles Kimbley or Kimberley. Recognizancc of John Armstrong. Return of common evidence? by the coroner for the County of Cornwall Van Diemens land 1823

Letter for Capt Robinson

26th April 1824

p28 (may 1824 in pencil)

Cornwall

Van Diemens Land

To Wit

The information of Chief Constable Lawson saith on visiting the watch house yesterday evening the 13th instant and finding one of the Prisoners absent, I went to the Ship Inn and there found Joseph Smith who I immediately conveyed to the Watch House and was there informed by the Keeper of that Prison that Thomas Jeffries a Prisoner and overseer of the Gaol Gang had been endeavouring to breake through the wall of the Watch House with a pick axe, I went in ordered Jeffries to the cell, which order he refused to obey, I went immediately for more assistance, and on my return with three other Constables I ordered them to put him in irons for his improper conduct he then drew a knife upon us made several thrusts at me, swearing he would stab the first

p29

man that should attempt to put him in irons, I at length succeeded in knocking the knife from his grasp and the Constables immediately seized bold of him, and ironed him, from which he soon broke loose, and threw them over the cell door, into the passage swearing if he did not get a drink of water he would breake open the cell door, soon afterwards he was (by order of PA Mulgrave Esquire) removed to the Gaol – Jeffries during the time of our confining him speared much intoxicated and used a great deal of abusive language to me

G Lawson

Chief Constable (signed)

Sworn before (Blank) at Launceston this  (blank) day of May 1824

The information of Thomas Johnson a Petty Constable who being sworn saith yesterday evening the 13th instant about seven o clock Mr Lawson directed me to go to

p30

the Watch House saying Thomas Jeffries had been exceedingly refractory and on our arriving at the Watch House we found Jeffries  intoxicated, he abused Mr Lawson very much, Mr Lawson ordered him to be put in Irons he then took a knife from his pocket, opened it saying he would put it into the first man that should lay hands upon him, to put him in irons, he pointed the knife towards Mr Lawsons body stretching out his arm at the same time. Mr Lawson knocked the knife from his hand with his stick, and we immediately seized him and put him in irons from which he broke loose, he was then hand cuffed by force and taken to Gaol.

Thos Jhonson (signed)[i]

Sworn before me at Launceston this (blank) day of May 1824.

The information of Fortuné Guillois a Constable and Watch House Keeper who being sworn saith, between six and seven o clock last evening with 13th instant, I discovered some person

p31

attempting to force open the door of the Watch House. I immediately went in and saw Thomas Jeffries laying a Pick axe out of his hands I found a part of the partition had been pulled down and the lock of the door broke, I reported it to the chief constable, who came and ordered Jeffries to be confined in a cell Jeffries abused Mr Lawson said he would not go into the cell Mr Lawson went away and soon returned with some more Constables ordering Jeffries to be put in irons, Jeffries then drew his knife, threatened to stab the first man that should take hold of him, Mr Lawson I believe knocked the knife form his hand as I saw Mr Lawson pick the knife up from the floor and rush upon him with the other Constables, put him in irons, and confined him in a cell, Jeffries broke his irons and they were picked up in the passage, as soon as Jeffries asked for water it was given him by Constable Smith, Jeffries abused Mr Lawson very much, using the

p32

most provoking and indecent language, both before and after he was in irons, about a quarter of an house afterwards he was conveyed from the Watch House by Mr Lawson and other Constables.

Sworn  before (blank) and Launceston this (blank) day of May 1824

p33

Informations against Thomas Jeffries

taken at the Police Office

14th May 1824

Decided

19th June 1824

(Jeffries the Bushranger – in pencil)

p34 (very ornate handwriting)

Launceston 3 May 1824

Col Cameron

Sir

The distillery erected by me on the Banks of the North Esk will be ready to be Licenced by end of next week, I have therefore used the freedom to address you for the purpose of ascertaining the proper question?  to apply for a regular Licence

And I have the Honnor to be

Very Resp

Srvt

January of

James Towers

George Town

p35

Van Diemens Land

Cornwall

To Wit

By one of his Majestys Justices of the Peace for said County

The information of Thomas Grady Constable by being duly sworn deposeth as follows.

That on Sunday the 13th inst. about the hour of two in the morning, four men came to deponent’s  house and calling out demanded admittance. Deponent refused to open the door upon which they then forced open the window, after which they declared then they were a party going thru the county and in  want of food upon which Do Lt opened the door, and readily judged the description of men they were – Dpt also recognised  one of them They next demanded his musket, and took a small canister of powder and 3 pound of shot. They also took away a shirt which hwas out of doors on the grass, and some tea and sugar – they also threatened to set fire to the wheat stack they conceiving it to belong to Deponent’s landlord Donald McDonald, but were persuaded by the deponent who said all the blame would fall on him  and further sayeth not.

Thos x Graddy

his mark

Sworn before me at Tallisker this 22d

day of June 1824

D M Leod JP

p36

Deposition of Thos Graddy

p37

Van Diemens Land

Cornwall To Wit

By one of his Majestys Justices of the Peace for said County

Henry Weston one of my assigned Govt servants came before me D McLeod this 22d day of June 1824 one of his Majestys Justices of the peace and being Duly Sworn deposeth as follows, that on Tuesday night last the 15th inst. four men came to the Servants Hut at Claiggin the estate of Lt Colonel Mc Leod and demanded admittance and rapped at the door. Dept opened the door and three of the four entered the Hut – the fourth standing at the door call’d out the Bag  upon this the others took down a Bag which was hanging over his bedstead and took out a jacket, waistcoat and 3 pair of stockings, they then asked for arms and lastly for a pair of Blue trowsers.

Dept replyed he had no fire arms nor had he the blue trowsers upon which they departed quitly. Sept knows 3 of the four by name and further sayesth not.

Henry Weston (signed)

Sworn before me at Tallisker  the 22d day of June 1824

DMc Leod JP

p38

Information

taken by D Mc Leod

v Stephenson & others

June 1824

(Robbery in pencil)

Deposition of Henry Weston

p39 (June 1824 in pencil)

The examination of John Perry who saith I left the Penitentiary at Launceston on the 7th of March last in company with Michael Brown and Thomas Mitchell we had not provisions, Michael Brown had a kangaroo Dog, we went that night  a little beyond  Captain Barclay’s Farm and slept in the bush, the next day we went about ten miles farther on this side the River, the third day we only went two or three miles, we dept away form all Stock Huts and subsisted entirely on kangaroo caught by Brown’s Dog, we crossed the river opposite a Sugar Loaf near Ben Lomond we went round on the Derwent? side of Ben Lomond, after we had left Ben Lomond four days or a week, we fell in with a party of natives near the coast on Saint Georges River.

p40

A man named Scot, a sealer, was with the natives. The natives did not illuse us but took away Brown’s kangaroo dog; we then gave ourselves up to Scott, so he took us to Preservation Island in his Whale Boat. We were three weeks going from Launceston to the Coast near Saint Georges Rivers, when Scott took us to Preservation Island he left us in charge of Munro, and went away sealing, there were only Munro and five native women on the island when we landed; Munro employed us in digging his garden, and supplied us with provisions as long as he had any, or until his stock run short; we then fed upon penguins; a schooner belonging to the Aguielar, a Sealing Boat belonging to Harrington, one to Williams, one belonging to Duncan, and another belonging to a man called The Cobler put in whilst we were there, no one of the crew of those vessels attempted to take us away;

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Sergeant Wilcox and a Party of Soldiers took us into custody last Saturday week and put us on board the Mary Ann Sloop of this Port, and were landed on the Main Land below twentyday Island, from whence we were three days marching to George Town where we arrived on last Friday the 18th instant

Taken before us at Launceston

This 22nd day of June 1824

Chas Cameron JB (signed)

Peter Archer Mulgrave Esq (signed)

p42

Examination of John Perry

June 22nd 1824

Decided

p43

Cornwall

To Wit

The information of Sergeant Wilcox of his Majesty’s 3rd Regiment (or Buffs) who being Sworn saith

I was ordered on the 9th instant by Colonel Cameron Commandant of George Town to go on Board Mr Parishes sloop in consequence of information Colonel Cameron had received of three crown prisoners being on the island of Preservation. We left George Town on the 9th and on the 12th found the three prisoners John Perry, Thomas Mitchell and Michael Brown on Preservation Island from whence we sailed on Sunday evening the 13th on the William and Ann and landed with the Prisoners on the Main to the northward of twenty day island on the 15th from whence we marched to George Town where we arrived on the 18th

Sworn before us at Launceston this 22 day of June 1824

John Wilcox     (signed)

Serg Bicks?    (signed)

Chas Cameron JP (signed)

PA Mulgrave Esq    (signed)

p44

Information  of Serjeant Wilcox against

2 runaways found on Preservation Island

on the 12th of June

decided

22 June 1824

(runaway convicts)

p45

Cornwall

To Wit

The information of Thomas Tombs who being sworn saith on Friday the 6th instant my hut on the Blake Snake near the Forest was robbed of a Kangaroo Rug, a large blanket, a shoulder of mutton and a Bushel of Flour. John Lanc/e? A servant of Mr Gibsons told me that a man named John and a man named Smith has slept at his Hut about three miles on this side of mine the night before my hut was robbed that they had each a bullock cart with them and had gone towards Hobart Town. I went in pursuit to Elizabeth Creek and in Reaching a hut there along with Chief District Constable Pearson I found the prisoner John Cavanagh and another man named William Smith sleeping upon a bag containing my kangaroo Rug and blanket.

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Blanket which had been stolen out of my hut the preceeding morning. Cavanagh said that Smith knew nothing about the Kangaroo Rug and blanket that the bag containing them had been thrown into his cart on the road by a man whom he did not know who had gone forward to Hobart Town and requested him Cavanagh to take the bundle there for him.

Thos Tombs (signed)

Sworn before me at Launceston this 14th day of February 1824

PA Mulgrave Esq(signed)

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Clarendon 17th June 1824

Dr Div/

For your information I beg to inform you the enclosed papers respecting four runaway convicts from the Penitentiary who were taken at Buffalo Plains last night by Corporal James Wright, and three privates and one constable John Barefoot (away? To the expected confinement of Barefoot’s wife, I have allowed him to go home to night and  the Corporal and party have them now in custody and will deliver them over to the   jailor)

The prisoners  Phil? Reardy?

M? Heillyer, Mathm Stevenson and Joseph? Twig?

PA Mulgrave Esq

N Police

Le   le  le

p48

Stand charged with robbing sundry goods from two of my shepherd’s huts, from hutt of Colonel McLeod farm, and a hut of Mr Batemans on Buffalo Plains, such of the Depositions as I can get by Monday? sent I will forward to you. The arts? As are enclosed list are in charge of the Corporal, the progress as to the robberies will I expect be very clear and I hope the rascals? Will meet with the punishment they deserve

I remain

Sr Din

Yours truly

James Cox

p49 blank page – watermark – RUSE & TURNERS 1820 (Cox’s paper)

p50

Clarendon  10th? June 1824

Dear Sir

I recvd yours of yesterday date with the news??? the constable  that brought him went away this morning without my seeing him or enquiring if there was any letter for you.

There will not be any opportunity of sending this to you until one of my men go to Launceston on Monday next.

Having a little business at Hobart Town together with conveying of the carriage (lately Gov Sorell) from there, determined me on starting tomorrow morning at day light for that Place, barring accidents I expect to be back in seven days. I now feel the mail of Whitefoot?

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He being in such a wretched condition will oblige me again to take the two young men?

I am at a loss to reason how I can have been? so much reduced?

I wrote you past evening respecting the four convicts taken by Corporal Thomas White and his party and I now enclose the information of two of McDonald, men and of one of my own men, information against them have yet to be taken from Mr Batemans men at Buffalo Plains a man of mine by name of William Buckby reciting [?] One of the muskets besides the party that took them and I have lends [??]  day that they also committed a robbery at the house of Thomas Grady at the falls, as it cannot be any detriment to the publick service [?] I could wish that my

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man Buckby/Bushby? May not be sent for until my return from Hobart Town as I should wish to be present   If they are tried by the Magistrates but if they are ordered for trial before the criminal court now to be holden at Launceston I trust you will have the goodness to collect any evidence that will tend to convict them, as they are a most impudent sett of villains- /on Monday 14th inst. robbed my Shepherds Hutt in the Creek Nile on Tuesday 15th inst. robbed my shepherds Hut of a musket from Wm Bushby on South Esk River opposite Gibson’s Stock yard same evening robbed Mr Donald Hutt on Colonell Mc Leods farm on Wednesday evening 16th robbed Mr Batmans? Hutt on Buffalo Plains and taken the same night by the soldiers/ and deserve to be severely treated &c and further

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note that a sloth?? will be sent to the ???? that the Penitentiary  men are allowed off Sunday as I believe all the statements? taken I have on those days. This probably ?? requires a representation immediately after my return from Hobart Town I will? be in Launceston and any matter I can assist you in that regard to be represented  on? a charge is absolutely necessary for the good of the Publick I shall be lastly do it,  I also enclose a  short information of Mr Donalds the summons is returnable on Monday at the Police Office as a matter of convenience to the complaint.

This being a jumble of private and publick business I hope you

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will excuse it.

Please make our complaint? to Mr Mulgrave  when I see him? I shall request him not to give you leave to go to Hobart Town again in a hurry as you cannot find your way home [?]  in any reasonable time.

Should any convicts make their escape from Launceston during my absence Please to send an express [?] direct to Maxey and have the goodness  not to require? Maxeys service on any acct while I am away. I must now prepare for my journey, nine o clock Friday evening the blacksmith is now at Works? with my horses shows.

James Henty ??

James Cox

p55

James Cox

June 24th

unreadable

(bushrangers in pencil)

p56 (July 1824 in blue pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of Constable William Lawson who being sworn saith about four o clock in the afternoon of Friday last the eighth instant I was at Mr Fields Hut near the big Swamp at the back of Norfolk Plains with Corporal John Bryan and Constable Thomas Etherington  the door of the Hut was open I saw Thomas Pawley sitting inside the Hut reading a Book. I said is this my friend Pawley he turned his head and I then saw it was Thomas Pawley he immediately got up and drew a pistol from his breast pocket I immediately presented my Musket and told him if he fired I would blow him to pieces he then shifted the pistol from his sight to his left hand Corporal  Bryan stepped up and ordered Pawley to throw his Pistol down he did not Constable Etherington picked it up and gave it to the Corporal who fired it off it was so heavily loaded that the stock was fractured by the discharge Constable Etherington searched the person of Pawley and took from him one Ball a Buck shot and a small quantity of gunpowder

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in a horn, I asked Pawley where his knapsack was he pointed to one that was lying on the floor empty about a minute afterwards a man named Grindly came to the Hut the Corporal asked Grindly if he knew Pawley, he said he knew him but he did not know he was in the Hut. Pawley said he had only just come to the Hut that he had a Hut of his own on the other side of the Pennyroyal Creek where he had a Kangaroo Rug and a Pat or two

William Lawson (signed)

Sworn before me at Launceston this eleventh day of july one thousand eight hundred and twenty five

(no name)

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Pawly

July 11th 1825

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Van Diemen’s Land

The information of James Laverty who being first duly sworn  saith, I am an assigned servant to Mr Abraham Walker, and have resided for the last fourteen  of fifteen months upon my master’s farm at the Western Lagoon under the Western Mountains, at the back of the upper part of Norfolk Plains, and have had charge of a flock of sheep grazing there  about six o clock on the evening of Sunday last the third day of April instant, I returned from my sheep to the Hut, and when I got within a few paces of it, a Bushranger name McCabe , came towards me and demanded the Gun I had on my shoulder, I refused to give it to him, upon which Mathew Brady, another Bushranger, presented a double Barrelled Gun at me and ordered me to give my Gun to McCabe, I did so, and McCabe gave it to a third man who was in company with him and Brady, whose name is Thomas Pawley /or Porley/ a free lad born in Sydney – Thomas Pawley immediately loaded the Gun with a Ball and kept it in his possession. They told me they had taken away everything they wanted  from the Hut, and I perceived that Brady had got on a striped shirt belonging to me and that Thos Pawley had a blue jacket and leather cap on which were my property – There was a whole sheet hanging up in front of the Hut when I left it in the afternoon about two

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o clock, and when I returned there was only half a sheep hanging up, and McCabe went into the Hut and brought out an iron pot with a quantity of meat in it and they ate as much as they could – then Thomas Pawley went to the half sheep which was hanging up and took it with him in company with Brady and McCabe – after they were gone I went into the Hut, The door of which had been broken open and I then found that three blankets and a rug, a blue jacket, 2 waistcoats, leather cap, two shirts, a duck frock, a white handkerchief and a half a pound of tobacco were missing and had no doubt been stolen and carried away by the three before named Bushrangers also a quantity of Fat and some cooking  utensils and a knapsack which I saw upon McCabes back when he left the Hut – Mc Cabe made me taken off a pair of new Boots which I had on and took them with him _ I found the lock of the Dairy door broken off, and a box belonging to  me forced open – just before they went away Brady pulled out a Gold watch and said it was half past six o clock – they had two Dogs with them, one of which I have seen with a man named Price who is Mr Field’s shepherd at the Penny Royal Creek – when they left Mr Walker’s Farm they steered in the direction of Saltmarshs hut – on Monday the fourth instant Mr White of Norfolk Plains and three constables came to Mr Walkers Hut

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remained there all night and yesterday /Tuesday/ morning I went with them to Topley’s Hut where they got a man to shew them the way to Saltmarsh’s Hut and ordered me to come and report the matter to the District Constable. I can positively swear that Mathew Brady was one of the men who robbed Mr Walker’s hut on Sunday last – I know him well – we lived in the same street in Manchester – Thomas Pawley I also know well – I have known him for the last twelve months,  part of which time he was William Field’s shepherd – and I heard these two men call McCabe by his name but I never saw McCabe before. Brady appeared to be very unwell and had his chin and face tied up – McCabe appeared to be quite well – I begged of Brady to let my Gun be returned to me but Pawley said he would not give it up for he knew it to be  “a real go=a=longer” – and Brady said that it was for Pawley they wanted the Gun and he would not interfere – Brady had a double Barrelled Gun and a double barrelled Pistol – mc Cabe had a single barrelled Gun and a double barrelled pistol – I believe they were very short of ammunition for they even wanted to take the only two charges of powder which I had in my flask.

James Laverty (signed)

Sworn before me at Woolmers, Lake River, Van Diemen’s Land, this 6th day of April 1825

Tho: Archer JP (Signed)

p62

Laverty vs Pawley

6th April 1825

jp esq

code – 4 pc  Ly General

18th July 1825

13 jy

(Brady and his gang – in pencil)

p63

Cornwall

Van Diemen’s Land

To Wit

The information of James Kermody a Private in His Majesty’s 40th regiment of foot, who being sworn saith, I was out with four soldier belonging to my Regiment and Constable Riley yesterday morning at the back of Norfolk Plains in pursuit of Bushrangers. About two o clock we were near a Hut where James Park an assigned servant to William Field resides, when within about three or four hundred yards of the hut we saw a man come two or three yards out of it with his hands in his Breeches pocket and look steadfastly towards us, he then went into the Hut again and remained there about half a minute, the same man came out of the Hut went round to the back of it and ran off, and crossed Penny Royal Creek. Three of my comrades pursued him, I went  into the Hut along  with Constable Riley, James park was sitting on a Bed on one side of the Door and this musket standing at the foot of the

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bed, there was a knapsack lying close to the Door with some Tea, Sugar and Flour in it, and a kangaroo Rug lying by the side of the knapsack, Park stated that the man who  had ran away was named pawley, that he had come to the Hut about three quarters of an house before we got there, that he had been making up some Ball cartridges, which he had carried away with him, that the musket, kangaroo rug, kangaroo knapsack, and its contents all belonged to Pawley, that he had never seen him at the Hut before that morning and that he had nothing to eat or drink whilst there, he further stated that Pawley had a pistol slung alongside of his Pouch. Park said that he had been previously very well acquainted with Pawley.

The Musket stood three or four yards from the Door, Park  sat on the Bed within a yard of the musket which I examined and found it loaded with Powder, two musket Balls and eleven Buck shots.

James X Kermody

his mark

Sworn before me at Launceston this tenth day of June 1825

PA Mulgrave

p65

Cornwall

Van Diemens Land

To Wit

margin:

357/7y January 1824

The examination of James Park an assigned servant of Mr William Field who saith, I knew Thomas Pawley when he was stockkeeper to Mr Livermore of Norfolk Plains; I have drawn some of my masters sheep out of his stock. I never was at his Hut but once, he came to my Hut at the Back of Norfolk Plains about nine o clock yesterday morning; he had a knapsack on his back, this musket in his hand, and a Horse Pistol slung by the side of his Pouch, he ordered me to sit down upon the Bed, and said he would trust me as far as he could see me; he sat down upon a log by the fire, having first taken the knapsack from his Back, whilst he was so doing he put the musket down by the Door  close to him,  he asked me if I had a clean shirt in the Hut, I told him I had not and enquired if the shepherd had got a double barrelled Gun; I told him that I did not know where it was; there was a double barrelled Gun there belonging to Mr Field about a week ago, when my comrade, John the Cobler, took it away, and told me that he had delivered

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it to Mr Field’s overseer John Grindley, he (Pawley) did not ask for any thing to eat or drink whilst in the hut after he had been seated about ten minutes he pulled off his moccasins, he took some pieces of paper from his pocket and made four or five call cartridges he searched the Hut, Bed, and Bedding I do not know for what purpose he said nothing more to me than what I have stated; after he had been in the Hut about an house he got up and went to the Doorway and stood looking out about a minute, he then took his piece from where it was standing and threw it against the wall near where I was sitting, took up the cartridges he had been making and ran out of the Hut, leaving his knapsack, tea, sugar, flour, and moccasins, behind him, I then heard some one cry out, and went and stood facing the Door and saw five  men, who I supposed were Soldiers, coming to me, I stood there when they came to the Hut when I first saw them they were about thirty yards from the Hut. About five or six weeks ago on a Sunday morning, I was going in company with a free man named William (Blank) from Field’s stockyard

p67

to the Hut where I live when I was stopped by two men, one of them was armed with a double barrelled Gun, the other with a musket and a double barrelled pistol, one of them said Young Man drop your swag, I had then about fifteen pounds of flour and ten  pounds of meat which I put down by the side of my feet, the man with the musket took it up and the other man who had a bag with some dough in it, held the bag towards me and said carry this Young Man; he asked me how far it was to my Hut, and if any Party had been lately there, I told him it was about a mile and a half to the hut, and that no party had been there; he asked me if I knew who he was, I said no, he said his name was Brady, and desired me to go on, they went with me and William to the Hut, a son of Mr Field’s was there, the Bushrangers ordered him and William to sit down in the Hut and me to fry them some meat, which they ate out-side the Hut – they remained at the hut about half an house and then went towards the Hills at

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the back of the Hut, taking with them about ten pounds of flour and ten pounds of meat belonging to Mr Field and two Kangaroo Dogs belonging to William Price

Taken before me at Launceston this tenth day of June 1825

PA Mulgrave JP (signed)

p69 (bushrangers in pencil)(lots of CODE – military code?)

Rex vs Park

Pawley vs others?

10th June 1825

decided 2nd July

10 pc. code and Lt Gov

p69 (Crawford and Binns Bushrangers July 1824 – in pencil)

Van Diemens Land

To Wit

The information of James Wilson who saith, I am a Prisoner holding a Ticket of Leave and live at Mrs Smith’s Stock Hut on the South Esk, at sun down on Wednesday the 14th instant seven armed men came to the hut, they had five of Mr John Smith’s stockmen  and a man belonging to Mr Glover with them >also a black native girl< Daniel Bowwater, Matthew Gardiner and John Biffin my fellow servants were also in the Hut. The Bushrangers obliged me to cook some beefsteaks, bake some bread, and make tea for them, the meat, flour, tea, and sugar, belongs to Mrs Smith, they remained there about two hours, one man the tallest of the party they called McCabe, he was pockpitted, he had a musket, a Bayonet, and a pistol, the other six Bushrangers were armed with a musket and a

margin

Sworn before me at Launceston this 29th day of July 1824  PA Mulgrave

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pistol each, two of those pistols belonged to a man named Murray another of the Bushrangers was called Jerry, another Crawford when the Bushrangers left our Hut they obliged Murray, Matthew, Gardiner, and me, to accompany them they first told me to take them towards Mr Gibson’s Hut but afterwards, to Port Dalrymple Road. I lost my way in the forest where we remained all night without lighting a fire, we crossed the Port Dalrymple Road in the morning, made a fire, and got some Breakfast in the Forest, they then directed me to steer towards the Western Mountains we then walked about four miles when we saw a flock of sheep and one of Mr Taylor’s sons with them two of the Bushrangers brought him down to us /the man named Jerry and Binns/ one of the Bushrangers whose name I do no know but who has lost one of his front teeth obliged Mr Taylor to carry a knapsack which he

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said was full of dollars. The Bushrangers asked Mr Taylor when he had seen the soldiers who many men there were at his father’s house what arms they had  and if they would fight, he said there were seven men, three or four Guns, and that the men would defend themselves, they ordered him to shew the way to his father’s house, when the Bushrangers got within three or four hundred yards of Mr Taylor’s House they examined the priming of their pieces and McCabe fixed a bayonet to his Gun, as we approached the house there were two men driving a bullock cart, two of the Bushrangers went after them towards the house – I saw old Mr Taylor come out of the house with a Gun in his hand and after that two or three other men all

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the Bushrangers but one then run towards Mr Taylor’s House one of them the youngest of the party remained behind with Gardiner, Murray and myself  he cocked his piece and said if I would not go on he would shoot me – a firing commenced near the house he ran towards it Murray laid down behind a small rill, a Ball  whistled past Matthew Gardiner and me we went into a brush fence, after about a dozen shots had been fired, I saw Murray go up to the House, Gardiner and I followed him when I saw Crawford and Binns  laay wounded on the Ground; Mr Taylor two of his sons, and servants were there with arms.

Gardiner, Murray and my self delivered the knapsacks which the Bushrangers had forced us to carry to Mr Taylors, one of Mr Taylor’s sons was wounded and one of his servants killed. I have not seen the native girl since the firing began.

James X Wilson

his mark

????

Crawford vs others

29th July 1824

p73

The information on oath of John Smith who saith, I am one of Mr Archer’s assigned servants and employed as a shepherd and take charge of a flock of sheep in company with John Wolverton  and Samuel Antill who are both assigned servants of Mr Archer, the Hut where we reside is under the Hummocky Hills, and near the Macquarie River. On Friday last the 16th of July inst. about seven o clock in the evening I returned  to the Hut, having been with the sheep all day – the Door was shut, I called to those within to open it – a strange man opened the Door and pointed a musket towards me – he asked me who I was, I replied that I was one of the Shepherds – he allowed me to go into the Hut and there I found John Wolverton and Samuel Antill my fellow shepherds,   a shepherd belonging to Mr Simpson who has charge of a flock of sheep on the eastern side of the Macquarie River, and Five strange men – two of these strange men were standing up, each with a musket in his hand – the other three were lying down – one of the men who was called Charles asked me whether I would go with them into the Bush to guide them – I said I had been walking all day and was not able – he insisted upon my going with

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them and ordered me to go out of the hut – a large man who was called Jem, and who is much pockpitted ordered me to go to the River – I went down to the Banks of the River and he then told me to go in – I said the river was not fordable – and he then asked me if I knew of any hill near at hand where they could sleep at night – I took them to some hills about half a mile from the Hut and there they laid down – shortly  after we heard a horse coming by and the Bushrangers said that some of the shepherds had been giving an alarm and had got a party and they immediately jumped up and took up their arms – the horseman galloped off in another direction as hard as he could go – the Bushrangers ordered me to  go from them up the Hill, I took them half a mile further and there the man who was wounded and who was called by the others Jerry wished to lie down and there we stopped until break of day without lighting a fire – as soon as we could see, the large pock pitted Irish man ordered me to proceed in the direction of the Eastern Mountains we went on until we came to the edge of the forest and there we stopped and east some pork and some bread which they had taken from my master’s Hut – we then went on until we came to a Bark hut in the Black snake Forest  and as it was raining very hard they determined upon stopping there all that day and the following night – here they lighted

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a fire and put bark all around it to conceal the light and remained all night. The next morning (Sunday) we again started and I was ordered to take them the nearest road I could to the Black Snake Banks, and about eleven o clock in the forenoon I too kthem out upon the Derwent Road, and did not know where I was – they ordered me at first to take them to the parson’s stock hut – I said I did not know where it was – they then desired me to take them to Gibson’s Stock Hut, I said I did not know the road to it – -upon this they got very much dissatisfied with me and consulted with one another and I was afraid they were going to shoot me – but just at this moment a man came up and one of the men  called Mathew went to him with his Musket presented and the others then searched  him – They then asked him if he knew the road to Gibson’s Stock Hut, he said he did and they ordered him to shew the way to it – accordingly he did so and they entered the hut and found only one man named William at home; the man who conducted  them to Gibsons Stock Hut was a free man, a servant of Mr Gregson of Jericho – they remained there all night, made Mr Gibson’s man and me cook

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for them, broke all the boxes open in the Hut and took what they pleased and the following morning (that is this morning Monday) they took a quantity of provisions and started about an hour after sunrise taking one of Mr Gibson’s men named Riley to carry the load – They ordered me and the other man not to leave Gibson’s Hut for an hour after they left it – after I had been there an hour I can away and made for my master’s stock farm – there I was ordered to come immediately down to my master – but before I did so I sent in a party of soldiers who I understood were on the Western Side of the Macquarie River, that the Bushrangers had this morning robbed Mr Gibson’s Hut on the South Esk – The man called Jem had a bayonet when he left my master’s stock hut under the Hummocky? Hills, with which he told me he had stabbed one of Mr Taylor’s men – the next morning he had not? the bayonet, and said he had lost it when the man on horseback alarmed then overnight – the man who was wounded would not carry his Gun and left it where we slept the first night I think I can find it.

Sworn before me at Woolmers

Thos. 19th July 1824

Thos Archer JP

PA Mulgrave JP

Jno X Smiths mark

p77

Van Diemens’s Land

To Wit

The information of Francis Murray who saith I am Free by Servitude and am employed building a Hut and stockyard at Break of Day Plains on a farm belonging to Mr Glover of Hobart Town on Wednesday evening the 14th day of July. I was returning from Mr Mackey’s house with an axe and a Tomahawk to my Hut, I saw five armed men standing near the Hut, one of them called to me and bade me stop, presented a musket towards my breast, and asked me what I had got in my hands, I told him an axe and a tomahawk, which he took from me and ordered me into the Hut . I threw aside from my belt a pair of unloaded pistols without being perceived by any of them, one of them immediately espied a pouch with ammunition around my body and took it from me, at the same time demanded my arms I told them I had got no firearms either on my person or about my dwelling, one of them presented a pistol to my head, said if you do not tell me where the pistols are that were in that Belt I will blow your brains out

p78

I still said I had neither pistols nor any such weapons, another of the Banditti went out of the Hut said if I find the pistols I will blow your brains out, he shortly after returned with my pistols cocked, one of them presented it and endeavoured to fire it at me, fortunately it was  not loaded; one of them then said if you was not an old man we would shoot you, we will tie you up and give you an hour’s flogging they then ate some meat which had been cooked /by some stockkeepers they had brought with them/ after which they loaded me with a knapsack told me to take them to Mr Gibson’s stockyard and they would give me a pound in money and would liberate me, or if I failed to obey that order, they would take away my life for throwing away the pistols.

We all left the Hut there were seven armed men three or four stockkeepers a boy belonging to widow Smith’s Hut, a native Girl, and myself.

I directed the way towards Mr Mackey’s House where I knew preparations had been made for their reception by cutting holes through the board of the House for the purpose of firing upon them, but they kept to the right of Mr Mackey’s House

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and continued travelling until about four o clock in the morning when we laid down until day light; this day we went sometimes in one direction, and sometimes in another; about four o clock in the afternoon we saw Mr Taylor with some sheep, we then halted and two of the Bushrangers were dispatched with arms to take him, and he was shortly after brought to us – after some questions being put to Mr Taylor about the soldiers, they loaded him with a knapsack and a kettle, telling him if they should find any soldiers at his House they would blow his brains out; we arrived at Mr Taylor’s at the close of the evening, Mr Taylor told them he would give them any thing he had in his house, and entreated them to take no lives.

Two or three armed men came from Mr Taylor’s House and the Bushranger’s immediately fired at them, Mr Taylor hove the knapsack from his shoulders and ran towards his own people, a general scuffle or engagement ensued. I hove off my knapsack seized hold of Binns who was knocked  down by the firing of his own musket and tied and also bound his arms with a piece of cord. Crawford  who fell from a shot from Taylor’s party I picked up a watch which had

p80

fallen from one of the Banditti, also one of my own pistols which had been dropped form the Hand of Binns. I saw a man who I was told was Mr Taylor’s carpenter, after he had been stabbed. Mr Taylor’s son was shot accidentally, I believe by his brother; five of the banditti fled with their arms into the Bush; I remained at Mr Taylor’s until Saturday morning when in company with District Constables Powell and Lawson I came to Launceston with Crawford and Binns, who were delivered on the 18th instant One of the men from Mrs Smiths was named James Wilson the other Matthew Gardiner. I do no know what were the names of the Bushrangers who escaped from Mr Taylors. There was only one man amongst them who had a Bayonet he fixed it to his musket as he approached Mr Taylor’s House, Crawford appeared to be the leader of the party.

Francis X Murray

his mark

Taken before me at Launceston this twenty second day of July 1824

PA Mulgrave

p81 (Bushrangers  Sept 1824 – in pencil)

Clarendon

27th Sept 1824

Hr Sir

I forward the enclosed information for your perusal.

Please send out a County Constable  armed as quick as possible to accompany John Isacks one of Mr Cotterals men,  who has volunteered to go in pursuit of the fellow that has committed the robbery in haste

I remain

Yours truly

James Cox (signed)

ps: I have sent Green to jail, the constable can be victualled here, I servant?  delay Cox

p82

On H Majesty’s Service

PA Mulgrave Esq

JP

p83

James Laughlin free who being first duly sworn saith, that I live at Mr Anthony Cotterell’s on Sunday? last I was assisting John Green with the cattle we came home in the afternoon and hot something to eat  and went out again my master was not at Home, It was about sunset when we came Home with cattle after settling them ??? we went to the House my brother? William was in the House he told me and Green that a Bushranger had robbed the House and taken Mr Cotterell and John Isacks away with him. I saw the case? had been broken and some ???? shift? what remained – the bottom of the case we put into a bottle a larger chest which my master keeps his clothes was broken open. I said I ?????? we had better report it, and I offered to go to Capt Barclay’s  Stock yard distance about  half a mile. Green said it was no one for that they (meaning the Bushrangers and my master) were

p84

gone that way and that Parsons Carptr and ? shepherd would take him as no person was in? of the robbery that night I got then? home early next morning and told Williams to go tell Mr Massey of the robbery

James X Laughlin

his mark

Sworn  before me this 24th Sept 1824

(who ?) Cox?

p85

Cornwall

To Wit

Clarendon 27th Sept. 1824

The information of John  Isacks a prisoner in the employ of Mr Anthony Cotterall being duly sworn saith that Saturday afternoon about 3 o clock I was at work at the end of my masters house (for which I had been left in charge of while my  master was out) and on going round the corner towards the door a man mett me with a musket in his hand he called to me to stop or he would blow my brains out, the then ordered me to go into the House I did so and he followed me in her ordered me to sitt down on a chest in the outward room threatening to blow my brains out, he then went to the inner room searched it and took a variety of things which he threw in a heap and afterwards tied up in a bundle, he then came to the room where I was sitting took a axe from the side of the door and broke

p86

open a chest I saw him take out several pairs of trowsers (some were my masters and some slop trowsers) also a cannister of powder and some other small articles, when he was in the inner room I heard him cutting some things like ripping down a mattress and afterwards found that three hold had been cut through the sacking of the sofa to pull at the ?? underneath, he also asked for fire arms he took my master’s fowling piece and pistol from the inner room a powder horn also about twenty pounds of sugar he broke open a tin case containing pher?? He took out two bottle, and place one of the table and drank some with some milk, after he had searched the House and taken  what he liked he tied them up in three bundles saying I must carry them for  him, at this time I heard a Horse coming towards the House and supposed it to be my master, the man that robbed the House as soon as he saw Mr Cotteral coming came out of the door with the musket

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in his hand and stopped him just in front of the house he threatened to blow his brains out if he did not deliver – he then searched my master and took his watch from him, made him enter the House ordered him to take up one of the bundles and me the other two bundles, we went forward, and he followed us with his arms. I said I would carry the three bundles if he would let my master remain at home he said no, that he should not take us far as his mates was not far off. He kept us with him the whole of the night and until about seven o clock the next morning when he allowed us to return we were distant from home about six miles. The man what robbed the house said he had been watching the House all day and that he knew my master was going to Launceston. I know this man by sight as he came to the Country in the Castlereagh in the same ship with me he comes from England is about 5 ft 7 in high about 26 years of age.

p88

has a swelling under his left jaw, has dark hair and is dark complexioned and am sure? I shall know him again

John X Isacks

his mark

Sworn before me this 27th Sept 1824

James Cox  JP

p89

Cornwall

To Wit

Clarendon

Sept 27th 1824

The information of Mr Anthony Cotterall who being first duly sworn saith that on Saturday afternoon last as I returned to my house from Mr Bryans about five o clock in the afternoon a man with a musket in his hand came out of the door and directing it at me desired me to get off my Horse which I did, he then robd me of my watch / a silver hunting watch/ he then ordered me to take up a bundle lying just inside the door of my House and to go on before him he also ordered one of my men name John Isacks to take up two more bundles which where ready tied and he did so the man that robbed the House sett his musket at the present? cocked, and ordered us to walk on before him, we went to a hutt  at the creek that evening /distance about four miles/ and lately occupied by M Leod’s? shepherd/ we remained

p90

there all night, the next morning yesterday we continued at the creek about a mile and half he then took my cap and waistcoat from me and allowed us to return home, during the night, he untied the bundles keeping a pistol on hand they contained a quantity of  my own wearing apparel and some slops clothing he also stole from the house a fowling piece, shot belt and powder flask a canister of powder two bottles of rum? one pocket pistol sheets and pillow cases and some provisions, two pounds of tea and upwards of twenty pounds of sugar on my return home I found my chest and tin stationary can had been broken open and m y sofa which has three drawers underneath was a hole cut through the bottom to get at each drawer.

When I first got up to the House I did not see any of my people John Isacks the man I left in charge of the House was inside at the time I took up

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the bundle there was a boy also in the house name William Laughlin about 11 years of age I have two other men and a boy they were out after the sheep and cattle but in general these men are at home about dark – the every one named John Green, Thomas Liswick/Beswick? and James Laughlin.

John Isacks has been with me about four months has behaved well and I have no reason whatever to suspect that he connived in any way at the robbery of my House.

Anthy Cottrell (signed)

Sworn before me this 27th Sept 1824

James Cox JP

p92

Thomas Beswick? assigned servant to Mr Anthony Cotteral says that  on Saturday afternoon last about three o clock I went out to settle the sheep on the reddy? hills gat? home after dark sell?  I saw John Green and James Coughlin in the cattle yard I went to the House  where William Laughlin came to the door and said to me O Tom, O Tom the Bushrangers have been here and robbed the place, I went into the House he shewed me a case with some objects spilt in the bottom of the case he also shewed me a box that had been broken open I saw that the House had evidently been robbed independent of what the boy told me, he further said that the master and Isacks had been marched off with a bundle on their shoulders being a stranger in the neighborhood  I asked Green my fellow servant what was to be done, he said he did not know and seemed to be very much agitated respecting the robbery. I offered to go to Doctor Cannon?  men he

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said it would de of no  use, that they would very likely smash my brains out if I went to ask them for assistance no report was made during the night of this circumstance I told the boy (Coghlan) that one of them had better go early in the morning and inform Mr Bryan and Mr Cox of the robbery I went after my sheep before sun rise  the next morning. The for???? being read. Thomas Beswick? he confirms the same on both and further says on being  ??? that he has no further knowledge of the Person who committed the robbery nor has not any time  seen? any stranger  in that neighbourhood.

Thomas Beswick (signed)

Sworn before me this 27th Sept 1824

James Cox  JP

(inserted 2 pages held by red plastic paperclip)

p94

To

His Worship H. Mulgrave Esq

Police Magistrate

Launceston

p95

To his worship H. Mulgrave Esqr Police Magistrate of Launcesn.

Sir,

I most respectfully beg leave to address you in writing, to

apologise for a great misfortune that happened me, after the

barer MW Kennerd, had taken the Bushranger Brady at

the hazard of his life, and gave him in my charge, I pinioned

him with a strand of whale line, and in a mannor that I

thought it impossible for him to get loose, but he pretended

to be just at deaths door with his wounds, for he has a ball

in his left breast; and another in his left arm, and lost a

deal of Blood; and the calls of humanity obliged me to use him

tenderly, and give him drink, and lift him up at times, but

I think in my over kindness to a dieing man as I thought;

was the means of his losing the rope, and slipping his arms out

of it, for I only went out of the Hut door to fetch a bit of wood

for the fire as it was just out, and I foolishly left my musket at

the Door, and he jumpt up off the bed and seizd it and head it at

my brest in an instant, and would have shot me had he known

that I was the promoter of his  being shot and taken;

Sir, I most humbly implore that the Barer Kennerd, will not

be left to the censures of the depraved part of our small

community, through his laudable and virtuous endevers to apprehend

a sett of the vilest wretches on earth; as he will surely be

p96

if he is not put beyond it by the indulgence that is held out,

For beleave me Sir, it is in the power of stock-keepers to take

the Bushrangers before any partys if incouraged, but they are

afeard of the ill name. But I am well know to be hostile

to their depredations, and will always do any endevers to take

them.

I have the Honor to be Sir,

Your much obliged, most

obedient and Humble

Servant

Thos. Kenton (signed)

p97

To the Worshipful

Bench of Magistrates

p98

To the worshipful Bench of Magistrates

Your workships,

I most Respectfully beg leave to address you to acquaint you that I am now confined in His Majesty’s Jail without any person having been brought foreward to accuse me of the shadow of an offence; I have been tore from my home and employ and cast into prison on the pretence of a further examination, but I have now been thirteen days confind, without seeing that examination, which appears verey strange to me.

Your workships, I most humbley implore you will take my case into you justice and humanity and cause me to be brought before you, so that I may be discharged or committed for a criminal court.

And your supplicant will ever

have a greatfull acknowledgement

to you as in Duty bound

Thomas Kenton

p99 (Brady Oct 1824 in pencil)

Van Diemen’s Land

To Wit

William Kennard /108/ saith I am an assigned servant to Bartholomew Reardon. I resided at his Stock Hut at St Paul’s Plains on Thursday last the 7th instant, Thomas Kenton lived at the hut as House Keeper about four o clock Thomas Kenton told me there were two men coming towards the Hut, I looked out and saw two men about one hundred yards apart, coming from different quarters towards it, one of them I knew to be Brady a Bushranger who in company with several others had robbed out Hut, two or three months ago, he had a fowling piece in his hand, the other man was unarmed when Brady got within about fifty yards of the Hut I fired at him through a loop hole, he stumbled dropped his piece and run away.

Thomas Kenton was outside the door at this time, I took up a loaded musket went out desired Kenton to take charge of the unarmed man who was close to the Hut, and went in pursuit of Brady.

p100

when I got within hail of him, I ordered him to stop and threatened to shoot him if he did not. I overtook him about four hundred yards from the Hut, I found I had wounded him in the collarbone and left arm, his wounds were bleeding profusely, he said he could not walk to the Hut, I took him back within forty yards of the Hut, made him sit down and pinioned him with a piece of whale line; he pretended he could not walk into the Hut, the man that was unarmed had his Hands tied whilst I was away/I supposed by Kenton/ I desired Kenton to unloose them and make his assist Kenton to carry Brady into the Hut; they did so, they laid Brady upon the Bed in the Hut and Kenton pinioned the arms of the other man, who said “he was a servant to Mr Gregson of Jericho” and that if he was a Bushranger  he would give himself up to me, I then desired Kenton to take charge of Brady whilst I went to Stains and Troy’s Hut to procure a cart to convey him to Launceston. I left Brady’s fowling piece and two loaded muskets with Kenton and took the unarmed man with me

p101

when I left the Hut Brady was lying upon the Bed, his arms securely pinioned, I went to Stains and Troy’s Hut, desired one of the Stockkeeper’s to take a cart and bullock as soon as possible to Mr Reardon’s Hut. I left the strange man who calls himself Samuel Hite in charge of one of Stains and Troy’s overseers. I returned to Mr Reardon’s Hut about nine o clock same night there was then no Person in the Hut nor any arms; about two hours afterwards Thomas Kenton came there with a soldier named Sutton, Kenton said that from an hour to an hour and a half after I had left the Hut he went out for the purpose of getting some wood, when Brady suddenly jumped

off the bed seized a musket pointed it to his breast and told him to keep out of the Hut, that Brady then took the other musket and his own fowling piece, and said that he would go in search of me and the other Man and that Brady then went towards the Eastern Tier, the Soldier and I went in pursuit of Brady at day light the next morning but could not find him.

William Kennard (signed, curly)

Taken before me at Launceston this 11th day of October 1824

PA Mulgrave

p102

[/code]

p103

The examination of Samuel Hite who saith I am an assigned servant to Mr Gregson of Jericho, a fortnight ago last Wednesday I was near to Lemon Springs for my masters sheep about eleven o clock in the morning I saw a man within ten yards of me with a fowling piece in his right hand and a pistol in his left, he pointed the fowling piece at me with one hand still holding the pistol in the other told me to stand and if I did not he would blow my brains out he enquired if I had any arms about me, the same man with six other armed men between two or three months before took me away from Fourteen Tree Plains where I was tending my masters sheep and kept me with them until we crossed the Macquarie River, his companions called him Brady, after I told him I had arms, he said he had forgotten the way to Ross Bridge and I must shew him, we went between the High Road and Captain Blyth’s Farm a little to the left of the New Road and got to the Hut where Pitt did live about dusk, when we went

p104

into the New Road and continued upon it as far as it went when we got near Mr Kimberly’s Hut at Antill Ponds we went into the tier at the back of the Hut and from

thence to Salt Pan Plains where we stopped that night under the Tier * when we got to the place where we stopped all night Brady took my Handkerchief off my neck and tied my hands behind me. A dog I had with me caught a kangaroo the next morning which we cooked and ate, neither Brady or I had any other provisions with us we stopped there the whole of the day. Brady untied my Hands when the kangaroo was caught and made me skin it, he dressed it by broiling it upon the fire he cut pieces off and threw them upon the fire, he gave me some of it to eat that evening after dusk we went upon the Road towards Ross Bridge and crossed the River at the Old Ford above the Bridge, we got to Mr Horne’s stock Hut the next morning soon after day break, two of Mr Horne’s men were there cooking Breakfast they gave us some mutton tea and damper for Breakfast, we stopped half an hour at the Hut when we went into the Eastern Tier at the back of the hut, we took

p105

of Mr Horne’s provisions with us we went into the Tier about ten miles where we stopped that night he again tied my hands we set off to the eastward the next morning, my Bitch caught a kangaroo about nine o clock. I skinned it and cooked it we walked about twelve hours that day, the road was very bad I cannot say how far we went that night, we cooked apart of the kangaroo that my Bitch had caught in the morning the next day we caught another kangaroo, I do not  know how far we travelled we kept in the Tier and lived upon kangaroo until the day we went to Mr Reardon’s Hut I had escaped from Brady four days before we met at Mr Reardon’s hut in a Marsh whilst my dog was running after a kangaroo, I did not perceive that Brady was approaching Mr Reardon’s Hut when I went up to it, nor did I knew where I was.

Samuel X Hite

His Mark

Taken before me at Launceston this eleventh day of October 1824

I got there about four o clock

[bottom of page is cut off here for about 9 words)

p106

……..in the hut until I heard the report of a Gun, I then went towards the  Hut and saw a man running from it, I did not know who it was I was 150 yards from him, Kennard and Kenton were at the door of the Hut, Kennard had a musket, he asked me who I was, I told him Mr Gregson’s shepherd, he said I was a Bushranger or reported as one, I  said I was not one and would myself up to him; he told   Kenton  to take me in charge and tie my hands, he did so, Kennerd ran after the man I saw go from the Hut, overtook him and brought him back – it was Brady – I saw blood running down his arm, he said he was sounded in the Breast and that his arm was broke – Kenton tied Brady’s arms, Kennard picked up a fowling piece, he said it was Brady’s, Kennard desired Kenton to untie my arms and help me carry Brady into the Hut, we laid him upon a Bed, Kenton gave him some milk, Kennard took me to Stynes and Troy’s

p107

Hut, Brady then laid upon the Bed in Reardon’s Hut, his arms tied with a Rope; there were two muskets and a fowling piece left there with Kenton, Kennard laded one of them before he took me away : Kennard left me in charge of Styne’s and Troy’s men that evening at their Hut, he went away, soon afterwards Kenton came there and said Brady had got away from him, and taken two muskets,  his own fowling piece, Kenton’s jacket, powder horn  and all the dogs from Reardon’s Hut; the next day I was brought to Launceston by a soldier.

Samuel X Hite

his mark

p108

Capture and escape of Brady – in pencil

p109

of manual labour

sentence

Twenty five lashes and returned to his master’s employ

Launceston April 19th 1824  PAM  ESQ

William Stevens Free Caledonia

Charged with being drunk and disorderly on the streets on Saturday night last

Plea guilty

sentence

to pay  5/-  to police funds

William Patterson Free Andromeda

Charged with being drunk and disorderly on the streets on Saturday night last

Plea guilty

sentence

to pay  5/-  to police funds

Launceston April 20th 1824 PAM Esq

John Robinson PM P Regent 7 years

Charged with being drunk and disorderly on the streets yesterday

Plea guilty

sentence

25 lashes

Martin Edward Castle Forbes 7 years

Sworn in constable and watchman of the Government store at Mr McQueens

William Gray  Mariner Cockburn 7 years

Charged with conveying two gallon of rum from the House of Mr Towers of Launceston on the Road toward Norfolk Plains

Plea Guilty

Sentence by PA Mulgrave  and JC Simpson Esquire

to forfeit the rum and the cask containing the same…

p110

Launceston April 22nd 1824  Present  PAM and JCS Esqrs

Charles William Free an indentured apprentice to Connor Rourke

Charged with absconding from his masters service.

Charles Williams admits having left his masters Services.

John Austin sworn saith some time before Christmas last Connor Rourke and his apprentice Charles Williams had lived in my House in Launceston for some time Conner Rourke then went away. I believe to Norfolk Plains and left his said apprentice at my House for upwards of three weeks without enquiring after, or making any provision for him during that time.

Signed John Austin

Conner Rourke  states that William Shaw and George Lucas applied at John Austins house for the said Charles Williams during the three weeks above aluded to. I therefore call for them to give evidence.

The information of George Lucas Richard Kenny and William Flint being read and confirmed.

Decision

Charles Williams is severely reprimanded and order to return to his master.

p111

Thomas Archer esq

Thomas Robjant Hastings Kangaroo life

holding a Ticket of Leave

Charged with contempt of court on Saturday last

Remanded for further examination

Police Office July 6th JCS and PAM Esq

James Bateman Somersetshire 14 yrs

Holding a Ticket of Leave

Charged with using abusive language to John McCarthy on the 18th June

and abraiding him with having taken Bushrangers

Plea Not Guilty

The information of John McCarthy being read and confirmed

Reprimanded and ordered to remain in Launceston

PAM and DMLd Esq

James Holman Malabar  14 years

Charged with having a Gold Watch in his possession knowing it to be stolen

Please Not Guilty

Mr Thomas Manning sworn saith I keep a public House in Launceston about eight weeks ago John Thomas came to my house, broke a number of Glasses and a chair, I insisted on his paying the damage he had done John Thomas asked Holman for money he refused to let him have any without security

p112

John Thomas then handed him a watch apparently gold and Holman lent him five pounds

Signed Thomas Manning

Acquitted

p113

Abraham Moses  Ly Castlereagh  7 years

Charged by Mr Henry batman with abusing and challenging him to fight in the street on Saturday last the 3rd instant

Plea  Not Guilty

The information of Mr Batman being read he now confirms the same and in answer to a question put by Abraham Moses  says I did not threaten him, I did not offer to fight him/

Mr James Parish being sworn saith I was in the house of Mr Henry Batman, one of the greatest rascals in the settlement and challenged him to fight.

I did not hear Mr Batman give any provocation, Moses challenged Mr Batman to fight him two or three times, I saw Moses through the window standing on the path near the gate.

Signed James Parish

A Moses is ordered to find sureties of the peace for six months and to pay the expenses of the prosecution.

p114

[small page  - 15 x 20 cm] Oct 1824 in blue wax pencil

The estate of the late Edward Cox

To William Fenton Dr

1822

To Herding cattle from 8th October to 17th December

inclusive 70 days at 5/- per day

£ .s .d

17.10.5

To Herding cattle after Cox’s death from 18th December to the 15th April 1823 118 days at 3/- per day

£ .s .d

29.10.0

£47.0.0

p115

To the worshshipful Bench of Magistrates assembled

at Launceston to keep the Peace & c &c in and for the County of Cornwall in Van Diemen’s Land

October 1824

The humble petition of William Fenton Respectfuly Sheweth

That Your Petitioner was employed by the late Edward Cox to herd his cattle from the 8th day of October until the 17th day of Decr 1822 incl.

That the said Edward Cox committing suicide after an act of felony, the crown took possession of his property, and your Petitioner was employed after his decease on the Part of the crown, to herd the same cattle (before in his charge late belonging to the deceased) until they were disposed of my Auction on the 15th day of April following as appears by the Printed copy of the advertizement annexed.

Your Petitioner begs to annex hereto his account against the Estate and to state that he had been a long time and is not in Confinement through the non payment of his Demand against Cox’s estate.

p116

Your Petitioner therefore humbly Prays that the Worhshipful Bench will take hi case into immediate consideration that he may be enabled to extricate himself form the horrors of confinement, and Pay his Detaining Creditors the Amount of his Demand.

And your Petitioner in Duty bound will ever Pray &c &c

Witness Geo Aylwin

Launceston

William X Fenton

his Mark

(blank) day of October 1824

p117

October sittings

Memorial to the Worshipful

Bench of Magistrates for the county of Cornwall by William Fenton praying &c

Oct 1824

p118

Launceston 5th Feby 1825

Present

Thomas Archer, T.C. Simpson and P.A. Mulgrave Esquires J.P.

William Kelsall, charged with stealing four pounds of flour from the house of Serjeant Patrick Kirwin of the 3rd Regt or Buffs at George Town of the value of one shilling, on the morning of the 17th January last, the said flour being the property of Serjt Kirwin

Plea  NOT GUILTY

The information of Serjt Kirwin read he confirms the same and further saith the value of the flour was one shilling

Mark Wilson chief District Constable at George Town sworn saith on the 17th Jany last Serjeant Kirwin sent for me to go to his House, he told me Kelsall had robbed him of four pounds of flour, Serjeant Kirwin shewed me a handkerchief with flour in it, he weighed it in my presence and it proved

p119

to be four pounds, the handkerchief and the flour contained in it was the same that I saw Serjeant Kirwin wight on the morning of the 17th January last; the prisoner Kelsall requested me to speak to Serjt Kirwin to forgive him, he also yesterday as I was taking him to the jail at Launceston begged of me to make it as easy as I could for him.

Signed  Mark X Wilson

his mark

Mary Orchard sworn saith one morning about a month ago Serjeant Kirwin came to the hut where I live at George Town, he looked round for an iron pot which he found and took something out, he held it up and said here is my flour, he shut the door and then went away , this is all I know about it, the iron pot was mine and had been lent to Kelsall; Kelsall never asked me to make a pudding for Serjeant Kirwin.

Signed Mary X Orchard

her mark

William Kensall in his defence says that he took the flour from the house of Serjeant Kirwin with

p120

a view to ask Mrs Orchard to make a pudding for Serjeant Kirwin’s use.

Decisions

The Prisoner William Kelsall is committed to take his trial before the Supreme Court of Criminal Jurisdiction

A true copy from the Bench Record

Robert Wales (signed)

Alt to the Bench

p121

William Kelsal

5 Feby 1825

p122 (Jan 25 in pencil) (paper – watermark -  curly text and 1818)

Van Diemens  Land

To Wit

To Chief Constable Lawson and for either of the Petty Constables of the county of Cornwall in the said Land.

You are hereby commanded to apprehend George Proctor/free

charged with absconding form the Service of Mr Samuel Spode

and bring him before me to be dealt with according to Law for which this shall be to you and each of you a sufficient warrant and authority Herein fail you not as you shall answer the contrary at your peril.

Given under my Hand and Seal at Launceston this first day of January one thousand eight hundred and twenty five

PA Mulgrave JP

p123

The information and complaint of Samuel Spode of Macquarie Plains in the County of Buckinghamshire who being sworn saith that George Proctor a fired servant to him/the said Samuel Spode/ under and by virtue of a certain Agreement in writing for his the said George Proctor’s servitude for the space of five years did about twenty months ago abscond from this complainant’s employ, for which absconding and for other charges preferred against him the said George Proctor was apprehended and taken before Adolarious William Henry Humphrey Esquire Superintendent of Police at Hobart Town aforesaid and was by the said Magistrate committed for the period of one month to His Majesty’s Gaol at Hobart Town aforesaid and was directed by the said Magistrate at the Expiration of the said period of one month to return to his said Master’s service but the said George Proctor immediately on being released from Gaol did not so return to his said Master’s Service as he was ordered and hath now been wholly absent for a very long period and is now /as this complainant is informed and verily believes/ in the Employ of one William Able at a certain place commonly called or know by the name or description of the Sugar Loaf at the back of Simpson’s Farm in the district of Lennox and County of Cornwall. This complainant therefore craves that a warrant may be forthwith issued to apprehend the said George Proctor that he may be further dealt with according to law.

Sworn before me this Thirty first day of December 1824 at Launceston

PA Mulgrave JP

J am Spode

p124

Spode v Proctor

Spode gave Proctor a release on the 8th of January 1825

p125 (first of 9 x page sides of short hand)

information v King v Austin

5 x lines shorthand

20 x lines shorthand  incl:

James

James King

John Austin

JK

Jk

p126

20 x lines shorthand incl:

7’ o clock pm

John Austin

James King

John Snailhouse

5 x lines shorthand incl:

James King

p127

6.3 x lines shorthand incl:

Joseph King

J Besham

J Gildas

28th July at George Town

George Mason Countess of Hereford? Life

John Perry  Commodore Hayes  Life

Edward Gadesby Phoenix  7yr

2 x lines shorthand incl:

Thos. Binks

Please not guilty

9 x lines shorthand incl:

Thomas Banks

Mason

Gadesby

The prisoners deny the charge.

25 lashes (shorthand) Gadesby

John Perry shorthand x 7 symbols

Mason Henry shorthand x 7 symbols

Gadesby shorthand x 7 symbols

p128

John May Asia  7  1820 + 1 shorthand symbols

Henry Bridge Almorah 7  1818, 1820 + 3 shorthand symbols

John Mason Lola?  7  + 2 shorthand symbols

Charles Berry Juliana + 1 shorthand symbols

+ 21 lines of shorthand symbols incl:

Joseph Parker

Watts

J Holmes

Joseph Watts + 12 lines  of shorthand symbols incl:

B May, J Berry

May

Mc Kergan

Charles McKergan + 7 lines of shorthand symbols incl:

Mason

Holmes

Thos Spyson

Watts

Banks

May

p129…..continued

+ 9 lines of shorthand symbols

Thos Banks + 9 lines of shorthand symbols incl:

May

May

May

Mark Wilson + 8 lines of shorthand symbols incl:

May

Mason

Parker

Thomas Bok + 7 lines of shorthand symbols incl:

48th Regt

morden

W Mahony

Joseph Brown

James Murphy

Wilson

p130

James Longhurst + 10 lines of shorthand symbols incl:

Joseph parker

C Berry

Mason

May

Berry

Wm  K MCign + 2 lines of shorthand symbols

George Lonsdall Gooch + 4 lines of shorthand symbols incl:

Joseph Parker

Jane Gosling, Dromedary, free

charged by John Thompson as. to Captn James with striking him this day.

Charge admitted

Prisoner returned to the service of Govt

27th July

p131

James Murphy Castle Forbes  7  July 1818  PWED?

27th July

+ 2 lines of shorthand symbols

Edward Rudge + 10 lines of shorthand symbols

Samuel Blake

+ 8  lines of shorthand symbols   incl:

Joseph Watts

Blake

James Murphy

+ 8 lines of shorthand symbols   incl:

Mr Pryce?

James Dunn

N Ronds

p132

Richard Blake

+ 4  lines of shorthand symbols

Samuel Blake

+ 9 lines of shorthand symbols

p133

Ann Rudge

+ 32 lines of shorthand symbols  incl:

Easter

Rudge

Blake

Joseph Parker

28th July 1825

p134

Proceedings at George Town

27th 28th 29th

July 1825

5 x shorthand words

(short hand – in pencil)

p135 (Feb 1825 in pencil)

The information of John Prosser Corporal in his Majesty’s 3rd Regiment who saith Yesterday Morning the first instant I was in pursuit of Bushrangers in company with another soldier and a Constable called Joseph Whitney about ten’ o clock, when we went up to a Hut where Mr Lawrence’s Splitter resides, before we got to the entrance of the Hut John Chadwick came out with a Bayonet in his hands, Thomas Little my Comrade immediately took him in his custody, we went into the Hut where we saw two Men who said they were Mr Lawrence’s servants that they had just come to the Huts and found a man with a Bayonet in his hand witting upon a Box in the Hut, that they did not know who he was and that he had had nothing to ear in the Hut before he was taken into custody.

I suspected  that Chadwick had been in possession of a musket and questioned the splitters about

p136

it, they both denied having seen any fire arms with Chadwick, Chadwick said that he had had a Fowling Piece which had bursted?? as he was firing at the natives and that he afterwards hove it into the river at Brumby’s bend the he said he did on Sunday last at the time he saw me and was in expectation of being taken.

Brofsw (signed)

Sworn before me at Launceston this fifth of February 1825

Thos Archer JP (signed)

H Simpson JP (signed)

PA Mulgrave JP (signed)

p137 (Bench  bushrangers in pencil)

Corporal Prosser

vs

John Chadwick

feby 5 1825

p138

The information of Christopher Rowe who being sworn saith about one o clock on Saturday last I was at an auction opposite the House occupied by Mr Whitchurch the auctioneer I purchased a shaving box of Mr Whitchurch it was delivered to me and paid for I also bought four wine for three pounds then shillings, the Reverend Mr Youl bid three pounds five shillings for them I immediately after bid three pounds ten shillings for them, my bid was excepted and the swine knocked down to me at that price, this morning I offered Mr Whitchurch fourteen Spanish dollars in payment for the said swine he refused to take the money and said they were not knocked down to my bidding and in consequence refused to deliver me the swine. I therefore pray that justice may be done.

Christopher Rowe

Sworn before me at Launceston this 25th day of April 1825

H Simpson

p139(rev Youl in Pencil)

Rowe v Whitchurch

decided April 26th

mary ann jubb footnote [ii]

p140

Cornwall

Van Diemens Land

To Wit

The information of Mary Ann Jubb who being sworn saith early in the month of March 1825 the 1st or 2nd day of that month I went to the House of Mr Kenworthy in Launceston Dr Priest resided there, Mary Taylor was with me, it was between nine and ten o clock at Night, I went for medicine for my mother, Taylor went into the room on the right hand side of the passage and sat down, Dr Priest took me into the room opposite without saying a word to me and threw me upon the Bed, he shut the Bed Room Door, but not the Door of the room

p141

where Taylor sat – I told Dr Priest to leave me alone or I would tell my Father, he said “I will not” I again told him he had better leave me alone or I would tell my Father, Dr Priest put the Blanket into my Mouth pulled up my cloths, took hold of my two knees, and I cried out “leave me alone” so loud that People might have heard me in the Street, he held my hands in one of his, he then came between my legs by pulling of them open, he put his privates against mine, I told him to leave me alone again, he said he would not, his privates hurt me, they were in mine, I felt something came from him, I do not know what it was like, he remained upon

p142

me five minutes, I cried out all the time, I told him he hurt me he said he did not, I cried out very loud Mary Taylor must have heard me, no person man or Boy ever put their his private parts to mine before, Dr Priest took my Maidenshead then, he never asked me to call upon him before or afterwards, he did not give me any money, there was not candle in the Bed Room, immediately he buttoned up his Trowsers he let me out of the Room into the passage, and called Mrs Taylor out of the next Room, gave her a note to take to Mr Hughes at the Hospital, Dr Priest did not say a word to me when

p143

he got off me, he opened the Door and I met Mary Taylor in the passage, I saw no wine that evening, it was the first time Dr Priest did any thing to me, it was a chas?, dry moonlight night, I never slept in a Bed with a Boy or a Man before, no Boy or Man ever had any connection with my before, Dr Priest gave me nothing that night nor promised to give me any thing, he called to Mary Taylor before he opened the Bed Room Door, but said nothing to her afterwards, she drank nothing in my presence, I saw not glasses or bottles on the Table of the Sitting Room, I went away with Mary Taylor immediately Dr Priest let me out of

p144

the Bed Room, and went with her to the Hospital, we said nothing to each other on the road, she only told me to mind the Dogs in the Barracks, I saw Mr Hughes Ann Wilson and Emma Connor at the Hospital, Hughes went out of the room, it was on a Sunday evening, Connor and Watson asked me how my mother was, I did not go into the room where they were; I went home with Taylor where Hughes brought me some Medicine, I did not sit down from the Time I left my mother’s house until I returned I laid down on the sofa by the side of my mother when I got home, I slept that night with my two Brothers, I had slept with my

p145

two brothers for a fortnight before, I never mentioned to any one what Dr Priest did to me that night until I mentioned it to my Father three months ago – I never knew Louisa Peckham who lives with Baker until within these six months.

I never had had any connection with any Man or Boy except Dr Priest.

I know Mr Bartly the Under Sheriff by sight, I never spoke to him but once that was to ask him to let my Father come out of Gaol to see my Mother who was there dead before she was buried, I never saw Mr Bartley at Mr Berry’s?.

I never was at Mr Barne’s Brew House or House but once, I was never there

p146

with Louisa Packham, I went to Mr Barny’s? once for yeast, I never entered any Building on his Premises, I only went to the Door I complained to Mrs Waddell on the Monday after Dr Priest had so used me, of what he had done, I told her all he had done – and she said he ought to be ashamed of himself, I cried all the way I went home that evening and when I was at the hospital – neither Mary Taylor, Hughes or the Woman at the Hospital asked me why I cried – My mother then lived in a House belonging to William Titmouse she had lived there six months and before she came there lived at a

p147

House belonging to Joseph Shaw.

Mary Ann X Jubb

her mark

Sworn  before me at Launceston this fourth day of March 1826

W Balfour JP

PA Mulgrave JP

The information of Mr Theodore Bartley who saith I know Mary Ann Jubb, in the latter end of the year 1824 or in the Month of January 1825 a Girl named Louisa Packham told me that Mary Ann Jubb would meet me if I chose mary Ann Jubb and Louisa Packham came to Mr Barne’s Brewery one Evening soon afterwards where I there was, it was

p148

dusk on that evening, Mary Ann Jubb went with me into the Wash House where I had carnal knowledge of her by her own consent, I gave her some Dollars – in a few days I had again carnal knowledge of her at Mr Barne’s and in the Swamp – this wqs prior to February 1825

Theodore Bryant Bartley (signed)

Sworn before me at Launceston this fourth day of March 1826

M Balfour JP

PA Mulgrave JP

p149

Mary Ann Jubb v Theosophilus Barclay

4th march 1826

informations on? Dr Priest

p150

That a short time before the Death of her mother, Dr Priest directed her to call at his House and he would give her the key of the Dispensary and a Prescription to Hughes for some Medicine that she accordingly went accompanyed by a woman named Mary Taylor they knocked at the Door and Priest open’d it, he desired Mary Taylor to sit down, he in a short time gave her a note to take to Hughes, on her he drag’d her into his Bed Room and Lock’d the Door saying you shall now gratify my desire, on her refusal he caught her in his arms and thrust her on the bed, she cry out and he stopd her mouth with a Blanket and held her down, took up her Petticoats and what follw’d decency prevents

p151

me repeating he left her, Lock’d up until the return of the women and then released her.

That some time after her Discharge from the Hospital the wife of a Constable “vulgarly call’d Long Tom” decoyed her to his House in the brick Fields for the purpose of selling her a cap, that when she Enter’d Priest was behind the Door who lay’d hold of her and threw her upon the Bed swearing if she dare to resist his desire he would furnished her Father with his Bill and Keep him in Gaol for his Life, what follow’d I not relate, on leaving her he ordered the Woman to keep me lock’d until he got a distance form the House –

That in about  a month after she was decoy’d to same House, where she again found Priest who told her he would on the following morning post

p152

her Cattle for sale if she refused to comply – that was in a short time taken very ill but knew not the cause until a Female explained to her, the nature of her disorder, that she met Priest in the Street and told him of it but obtained no satisfaction.

The above is simply the Heads of her report to me, with many other circumstances I have derived from an other quarter which would leave no doubt on the part of your Honor were you to hear them but I fear I have intruded on you patience too long already, I am of opinion his motive for not relieving her, was that she should go into the Hospital under those circumstances that the publick should suffer it a publick cause and I with the publick remained in Ignorance, I am also of opinion he is not aware of the Danger he stands in.

I have the Honr to be Sir your O H Servant

Geo Jubb

To William Balfour Esq

Col Commmr

&c &c &c

p153

To William Balfour Esquire

Colonel Commandant

Sir,

The Honor you pay’d me by your personal visit to me, on Wednesday last, will ever be Entitled to my warmest thanks; the feelings you display’d to me on the occasion, requires from me my confidence and open avowal of Facts as related to me, “which I enclose herewith”

No part of kindness was on your part lost upon me, I have wight’d everything with Reason and Justice, both for me Child, myself, and him also your observation that she might of Exaggerated and told me some Untruths, I have given him every chance to disprove but no proof form him, to contradict, what I charge him with, and an a presumptive proof, he has none, he wishes that Contradiction, to appear in my own hand writing, Honor’d Sir, the plain short and simple story, she tells to me, Leave very slight Grounds, for contradiction, on his part, with respect to his saying he never Injured her; my own Eyes have seen the Injury she labours under, and him she accuses as the Cause, but I should of suppos’d the Frocicbly depriving her of her virginity would have sufficient weight with me, when inform’d of it without any  secondary attempt

p154

on this part and no deviation, on the part of my Child from her first report to me, gives me great hopes “so far as confidence” in her relation, I beg leave to make one observation which may cause your Honor to entertain a more favourable opinion of her that you otherwise might of done, she has not a stitch of cloathes but what I can account for, how she obtained them, I have also sold my own Cloathes to get shoes for her  “but Launceston you will always find speaks well of no one” I shall now take the Liberty to inform you by what means this business came to my knowledge; on the 4th or 5th of January a Person reported to me the situation my daughter was in, I sent for her, and she at first refused, to inform me when or by whom she came in that situation but on finding me determined, she at length acknowledged the whole Transaction “Vide” the Enclosed.

Now Hon Sir, I leave you to judge for yourself and me, Gratitude compels me to acknowledge many Favors from him amongst others. Twice, he has sav’d her Life, but for what purposes to Brand her with Everlasting Shame, and bring nothing but Death can Alleviate, I fear my Fortitude will not be Proof against the Shock

p155

I have Received, she was and still is Dear to me, admitting he could of Induced? her Character since any Inter??? with his, “which I hope he cannot” that would not exonerate him, all Crimes have their origin, but his of a Nature too Black to Conceal, I have long stared Misery and Poverty in the Face, with a smile but this I cannot meet;

On your persusal of this Broken Sketch “which you will please to allow for my present state of mind” your Honor would be please to give me your kind opinion I shall ever esteem the same on addition to your Kind and Benevolent Intentions towards me;-

at the time I conclude this painfull letter my Child is unable to come to me from the Effects of that Injury I have before spoken of.

I have the Honor to subscribe yourself Sir your most Obedient very Humble Servants

George Jubb (signed)

H.M. Gaol

Launceston

18th Feb 1826

PS.  Sir I have used every exertion since you spoke to me in finding out anything favourable on his part but cannot, many other circumstances have come to my knowledge within these three days which now leaves me without a doubt.

p156

William Balfour Esquire

Colonel Commandant

George Jubb to Lt Colonel Balfour

18 May 1826

Dr Priest

p157

Launceston April 1825

Agreement between John Mc Carty and W Phillips Esq

John Mc Carty to Thrash £200 two hundred bushesl of what for /8/ Eight pence per Bushel Cummey? for Wm Phillips

JOhn Mc Carthy Dr

Fr W Phillips

to 4 Days board and lodging @  3d/ per Day  12.0 d

1 ½ lbs of twine @ 8d   12.0 d

½ of tobacco 5.0

Paid and Police Officer  7.0

One cotton shirt  8.0

½ Ib tobacco  5.0

Mr Daly by Mc Carty’s order  5.5.0

Mr Manning Do Do 1.6

£7.15.6

p158 ( sep 25 – in pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of James Amos assistant Constable at Swan Port who being sworn saith, I am free and reside at Oyster Bay near Mr George Meredith’s last Sunday week upwards of one hundred sheep his property were driven away from the Run five miles from his House, I tracked the sheep accompanied by George Rayner, David Rayner and George Pugh upwards of fifty miles to a Place called Long Point about twenty miles from St Patricks Head where we found seven Men round a Fire about eleven o clock on last Thursday morning and tracks of sheep all around them, one William Mumford, Robert Delf and Robert Blackhall were three of those men they were awake the rest were asleep, I believe Henry Clark was one of the Men who were asleep Mumford and Delf knew I was a Constable Blackhall formerly lived with Nr Steel at Little Swan port, there  were four  Guns laying by the Men who were asleep we took possession of them  and attempted to take all the Men Prisoner but they rushed upon us and took away our arms said they would keep the ammunition Robert Delf obliged me to Lay down my Pouch which contained ten or twelve ball cartridges which William Mumford took

p159

up, some of the other seven men, took a quantity of Buckshot and Powder from George Rayner and George Pugh which belonged to Mr Meredith, the cartridge that  I threw down by order of Robert Delf belonged to my father (Adam Amos) I know that Delf and Blackhall are Bushrangers. A wooden kid with some scrapes of mutton fat in it and a two gallon keg with some mutton fat  rendered were lying close by the fire, they had a six oared whale boat in a creek three of four hundred yards from the Fire in which they rowed to the Northward after I had remained with them for an hour and a half. Robert Delf wore a white pea Jacket, there were several marks of Blood on the back of it, after they were  gone we found  six or eight sheeps heads and Plucks about sixty yards from  where the boat lay, there were the remains of another Fire about a hundred yards from the Fire where men where those men werem and some vestiges of Sheep’s feet and pannickers w which had  been partially burnt and a quantity of Blood round the Fire, I did not see what the men had in  the Boat. I had not warrant for a Magistrate.

James Amos (signed)

Sworn before me at Launceston

this thirteenth day of September 1825

p160

The information of James Amos Assistant Constable at Swanport who being sworn saith I am free and reside at Oyster bay near Mr George Merediths last sunday week upwards of one hundred sheep  his property were driven away from the Run five  miles from his House. I tracked the sheep   accompanied by George Rayner, David Rayner and George Pugh upwards of fifty miles to a place called  Long Point about twenty miles from St Patricks Head where we found seven men round about eeleven o clock on last Thursday morning. There were William Mumford, Robert Delf, and William Blackhamm they were awake the rest were asleep.  Blackhall formerly lived with Mr Steel at Little Swan Port a wooden kid with some?  scraps of mutton fat and a five gallon keg with same mutton fat rendered, were lying close by the fire, they had a six oared whale boat in a creek three or four yards from the Fire, in  which they rowed to the northward after I had conversed with them for

  • I believe Henry Clark was one of the men who were asleep, Munro & Delf knew I was constable.
  • ** there were four guns, lying by the men who were asleep we took possession of them.

p161

an hour and a half Robert Delf wore a white pea jacket, there were several marks of Blood on the back of it, after they were gone we found six or eight sheeps heads and plucks about sixty yards from where the Boat lay, there were the remains of another fire about one hundred yards form the fire where three men were, and some vestiges of sheeps feet and pannocks which had been partly burnt, and a quantity of Blood round the fire, all the men were prisoners but  they rushed upon us and took away our arms and ammunition but returned us our arms and said they would keep the ammunition. Robert Delf obliged me to lay down my Pouch which contained ten or twelve all ball cartridges which William Mumford took up; some of the other seven men took a quantity of Buck Shoot and powder from George Raynor and George Pugh which belonged to Mr Merredith, the cartridges that I threw down by order of Robert Delf  belonged to my father Adam Amos I know that Delf and Blackhall are

p162

Bushrangers

James Amos (Signed)

p163

James Amos respecting sheep at Oyster Bay

no date

p164

The information of William Faber who saith I am free by servitude and live with Abraham Abrahams and an old man named Paddy at a Hut about nine or ten miles from the Western Tier, I am employed there as Herdsman to Mr Livermore of Norfolk Plains, on the morning of this day week, the twenty sixth ultimo, six armed men same up to the Hut, Paddy and I were in the Hut, one of the six Men said we are a party of soldiers in pursuit of the Bushrangers, and asked me if I had seen any Bushrangers, I said no, they asked me if I had charge of the sheep, I told them no, that the old man /paddy/ was the shepherd; one of them asked paddy if he would take an order upon Government for a sheep he said he would and gave them a sheep; they said they had orders to press any man they thought proper and that they should take me away, they compelled me to carry the sheep, they told Paddy that they should not keep my out more than two days and that they would send the order for the sheep back by me, when we had got about seven or eight hundred yards from the Hut, one of them killed and dressed the sheep, I carried it about eight or ten miles towards the westward, where we stopped and cooked

p165

part of the sheep; we all ate of the sheep, on our way thither I had heard one of the men called Brady and that night two of them were distinguished by the names of Mc Cabe and Murphy, we all laid down to sleep, no one kelp watch that night; the next day we travelled about fourteen or fifteen miles ** where the bushrangers made a Hut with some boughs ** laid down to rest, the next morning a little after we had taken Breakfast they mad a large fire for the purpose of drying their clothes, when one of them exclaimed “there is a soldier” mc Cabe was absent at this time hunting kangaroo, the other five immediately laid hold of their muskets, I looked round and saw three strange men armed about two hundred yards off, the Bushrangers dispersed and each one placed himself behind a Tree, immediately afterwards four other strange men made their appearance, there were three  shots fired by the strange party, neither of the Bushrangers fired, these three shots were fired before Brady’s party placed themselves behind the Trees, so soon as they were so places the other Party retreated, Brady’s Party immediately made off, one of them desired me to follow them, they left the whole of their Baggage and only took with them each man a piece and ammunition, Mc Cabe’s double barrelled Gun and several Pistols were left behind, their Baggage consisted of some blue cloth, some irish linen, a quantity of Plate and other valuable property about

p166

ten minutes after we had ran off one of the Bushrangers cooed, and Mc Cabe joined his Party, and wanted to go back for his Double Barrelled Gun; he was advised not to do so; on Thursday night last we arrived at Mrs Dry’s House at Quamby’s, the Bushrangers made Mr Dry’s servants / sixteen men/ stand at one corner of the building, the Bushrangers asked where Mr Compton was, they were  told he was in Launceston, one of them said they wanted to see Mr Compton very particularly that if he had been there they would have given him a good hiding; they desired me to remain with Mr Dry’s Men, and took a knapsack from Mr Dry’s House and went towards another House about a hundred yards off where Mr Compton usually resides, they returned about half an hour afterwards, with about two gallons of cream some tea and some sugar; they ordered Mr Dry’s men to heat some water and make some Tea, one of the Bushrangers and one of Mr Dry’s men went again to Mr Compton’s House and brought back more cream, the Bushrangers desired all that was present to partake of the Tea and Cream there was some bread in the House which they ate, Mr Dry’s men said they were on Rations, one of the Bushrangers went our and fetched about a a bushel of wheat  and told the men to grind it if they liked, I do  not know where he brought it from

p167

one of Mr Dry’s Nephews was brought to the House by the Bushrangers, they enquired of Mr Dry’s Servant what sort of a man they nephew was; the men said he was a good man, the Bushrangers went away about eleven o clock that night just before they went away they desired one of Mr Dry’s men to saddle one of Dr Dry’s horses, which they took away with them, they said they should take the horse only five miles, the next morning the horse came back and I went home to my master Mr Livermore. I did not go over to the soldiers for fear the Bushrangers who were close to me would shoot me.

WM Faber (Signed)

Taken the 3rd of October

PA Mulgrave JP

Faber v Brady & c

3 October 1825

p168

The examination of John Phillip Davies who being sworn saith I am an assigned servant to Mr John Smith and reside upon his Farm near Ben Lomond, four other men * Wood, Blakey, Whitehouse and Gillespie and a Boy live with me, they are all in the service of my master, the Hut where we reside is one the right bank of the South Esk River, on Wednesday last the fifth day of October instant between nine and ten o clock  in the morning  I was about a mile from the Hut in company with Robert Blakey, Thomas Woods and James Gillespie, when six armed men came up to us, two of them I knew well their names are Brady and McCabe, the other four were strangers. Brady and Mc Cabe said to me how are you young fellow, Brady turned his head towards Gillespie, and said now Mr Gillespie you are the very man we have been looking for we will make you remember telling the soldiers that I was at Government Hut, I do not know what Gillespie said to him, Mc Cabe said we have got a pair of Cats for you; Brady and Mc Cabe ordered us to the Hut, which the Bushrangers searched and took thereform two knapsacks belonging

p169

to two of my fellow servants, and about thirty pounds of flour and about three quarters of a pound of Gunpowder my master’s property, they took the whole of the people from the Hut and compelled us to put them across the River in Wm Earle’s Boat, so soon as we landed on the opposite Bank of the River Brady said to Gillespie I will give you five minutes to make your peace with God, Gillespie begged for mercy, Brady ordered him to go along pointing from him, Gillespie walked about ten paces, Brady cried out stop, Gillespie threw off his jacket and ran, Brady, McCabe and one of the strange men fired at him, Gillespie continued running, the stranger who had just fired pulled a knife from his pocket cut off his Boots and ran after Gillespie, Brady followed him, about half an hour afterwards they all three returned, Gillespie was bleeding profusely from his right side, one of the other Bushrangers said is was best to finish him, and all other them appeared willing to murder Gillespie; one of the strange men stepped out from the rest primed his musket and cocked it and said I will go and put him on one side (he was a very short man about thirty years of age) and walked a few paces with Gillespie, I am Mr Smiths three other men entreated Brady and McCabe to

p170

spare Gillespie’s life Brady cried out “Paddy come back” the man come back from Gillespie Brady and Mc Cabe then said if we have not given him enough now we will come back and finish him another time we will never let him rest nor the man that employs him, they then went towards St Pauls River and ordered Whitehouse to accompany them to shew them a Tree that serves for a bridge over it – each of the six Bushrangers had a Gun and a brace of Pistols, I believe that each of them had a knapsack one of them had a bundle of canvass with a number of ropes upon it I asked what it was Mc Cabe said it was their Marquee, they had one kangaroo Dog with them they said they should go and pay an old debt at Mr Talbot’s and taste his whiskey.

I sent for Doctor Pearson on Thursday morning to attend on Gillespie whom I left at the Hut very ill.

John Phillip Davis (signed)

Sworn before me at Launceston this eighth day of October 1825

PA Mulgrave JP

p171

Brady )ct 1825 – in pencil

p172

Between two and three o clock in the afternoon of 25th May 1825 it being rather rainy, I was writing in my Dwelling House A. B. came to my door and said some Men are coming I think they are Bushrangers, be on your guard, she went out of my sight, I instantly took the case? off my fowling piece, and was in the act of putting on my pouch of cartridges, at this instant a Bushranger who answers the description give of McCabe was partly in and partly out of the House his musket was levelled at my breast he exclaimed If you attempt to arm yourself I’II blow your Brains out.  and in a lower tone of voice added - a thing I do not wish to do, Pawley ? was at the right hand Door Port and the shortest answering the description given of Mr Brady instantly rushed into th House A B some in at the same time, I made an effort to get hold  and resist? of my Fowling Piece but found I had not chance of success as two of the Bushrangers were about 3 yards distance from me and the third, Brady, about 1 ½ yards, AB caught hold of the Double Barrelled Gun presented at me by Brady which nearly produced fatal effect, being thus completely in their power, Brady tied my Hands behind my back the two others keeping their

p173

piece levelled at me, my two government servants were near them, and rather in their rear the Bushrangers made them come into my House, Brady then said we want tea and sugar, you have said what you would do if bushrangers came you should perhaps but ask better?? and perhaps we night have passed by you, where  are your pistols, Mr Knight a Freeman in my employment was about 500 yards from the House with the sheep, they did not go after him, one of my daughters a child of six years of age went and told knight what was going one he very properly took that opportunity of slipping away and went to Dry’s farm two Horsemen went from thence to Norfolk Plains for a Party which arrived at my dwelling about 10 o clock the following morning. The Bushrangers were all well armed with a double barrelled Gun, two muskets, and double and single barrelled pistols, they continued in my house about ¾ of an hour two of them kept their muskets on those present a great part of the time they were in the House while the third (Brady) searched for such articles they thought proper to take away – on Brady’s coming

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down stairs he said to me Old Man had you time to have got up stairs we could not have come into your House, he then insisted on having my Pouch of Cartridges, I told him I couldnot would not give it to them , they however obtained it as the strap was hanging down from off the place whereon the pouch lay.

They took away with them three pistols, 1 faner?, a remarkable good fowling piece having the appearance of being silver mounted the stock has been broke and repaired a brass plate being screwed in a little small Distance form the Breech, the name of Davidson engraved on the Lock and London in Gilt Letters on the side of the Barrel, the words twisted wire on the undersides, a powder flask and shhot belt Burner? Duck from good new blue cloth trowsers, a Black waistcoat, two Pea jackets, a pair of new half boots, a pair do do , two Dogs and a fowling piece the property of Mr James Hortle or of his servant Lynch – they also took my two Govt servants Francis Berret and John Spong away with them, on their return they acquainted me that the Bushrangers told them they might come back

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to the same place some time after they were gone,  I accompanied them to the spot where we found the Fowling Piece belonging to Mr Hortle or his Servant in a perfect state they having made particular inquiry about it while they were in my House,  a good Fusee? my property now produced, was also left there by them which they broke nearly to pieces and rendered it unserviceable, in the evening of the same day, my Two Dogs returned home. A short time before the Day closed Barney McLaughlin and [blank] common servants to Mr Hortle come to my Residence they acquainted me that Three Bushrangers went down to Mr Hortle’s? Hut soon after they quitte my residence, that they took about ½ Bushel Flour a Roll of Butter and a Kangaroo Rug away with them, for which they left in exchange two Blankets.

p176

Vandimand.Land. March the 5/ 1825

Dear wife I send you these few lines

hoping it will you find you in good

health as it leaves me at present these (thanks?)

be to God for it dear wife the ship

sailed from Wollwich on the 7 of June  (9 July? nearest ship dep. “Princess Charlotte”)

wich dear wife we had a comfortable

voage thanks be to God for it I had

good health all the voage and had

not one single person died dear

wife leaving my home dose not greve

me the lest but leving you behind

me dear wife greeve me the worst

the country that I am in is a esatremly

fine plenty of corn grain of every kind

I have my lirberty in the country wich

I have as well of as in my own Country

[no  further text!!!]

p177 March 1825 in blue pencil

The examination of Thomas Simms who saith I came to Sydney in the Ship Fortune in the year 1805 and was free by servitude in 1811, I was tried by a criminal Court in the July 1822 and sentenced to be transported to Macquarie Harbour for three Years.

Seven weeks ago today, I left Macquarie Harbour in company with a Convict named Henry Bridge we had eight pounds of Bread when we escaped which with shell fish that we picked up on the coast was all we had to subsist on during our journey we fell in with six or seven parties of natives all of which ran away except one party which followed us a whole day but offered us no violence we arrived at Captain Townsend’s farm opposite George Town after sunset on Saturday the 19th instant Henry Bridge went up to the House and returned with John Brown they called to me several times I at length answered and went into the House, Brown gave us some food and a Rug to lay upon there was another man in the

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house besides myself, Bridge and Brown, Bridge went out of the House at Break of Day.

I soon after followed him, Brown and the other man followed me and asked me where Bridge was gone, Brown said I had better not go away but give myself up about two hours afterwards Brown took me to George Town.

In the evening I arrived at Brown’s either him or a woman who appeared to live with him said there were some soldiers at Harry Barrett’s neither Bridge or myself had any arms and only one knife between us.

I absconded from Macquarie Harbour because the Commandant had not fulfilled repeated promises he made me to send me from his settlement.

Thomas X Simms

his mark

Taken before us at Laucneston this twenty sixth day of March 1825

James Cox Jp

PA Mulgrave JP

DM Lord JP

p179

The examination of John Brown who saith I hold a Ticket of Leave and have charge of Captain Townsends Farm and cattle opposite George Town on account of Mr Andrew Allen, about eight o clock last Saturday evening I went out to open the Dairy Windows, I saw a man lying under it I laid hold of him and desired him to go into the House he said he would make no resistance, went with me into the House he said he had come from the new Settlement with another man who was near the garden he agreed to go with me and take him, we went out and the man called out Johnson two or three times and a man who called himself Simms came up and accompanied us into eh House, I there gave them something to eat got out at the Bed Room window and crossed in a Boat for Garden Island and brought back John Kendall to assist me in securing the two men who I had left in the House with Mr Allcock, I gave the men a Rug to lay upon Kendall and I sat up all night about

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day break Bridge suddenly got up and ran out at the Door I followed him but could not overtake him, I did not think it necessary to tie their Hands they appeared much exhausted.

I tool Simms to George Town that day who said the man who had gone away was Henry Bridge.

John Brown

Taken before us at Launceston this twenty sixth day of March 1825

PA Mulgrave JP

James Cox JP

DW Lord JP

p181

The examination of John Kendall who saith I am a Convict in Charge of Garden Island, on the night of  Saturday the 19th instant John Brown came from Captain Townsend’s Farm and told me there were two men there form the new Settlement and asked me to go over with him and see that he was not illused. I went and saw two men one lying by each side of the fire place about daybreak one of the men went out at the door and pulled it too after him, I, Brown and the other man immediately followed him but

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could not see nothing of him the man who remained with us said the man who had got away from us was named Joe, Brown took the man who remained to George Town returned and went with me in search of the other but could not find him. Mr Allcock was in the House on Saturday night. I heard no conversation that night respecting there being soldiers at Harry Barrett’s

Jonnhan Kendall (signed wobbly)

Taken before us at Launceston this twenty sixth day of March 1825

James Cox JP

PA Mulgrave JP

DW Lord JP

p183

examination respecting

Bridge and Simms

decided (in pencil)

Escaping from Macquarie Harbour (in pencil)

p184 [Mar 1825 – in blue pencil]

Cornwall

Van Diemen’s Land

To Wit

The information of William Lawson who being sworn saith on last Sunday night about Ten o clock I heard two of Mr Thomas Archer’s men were on Norfolk Plains I went to the Hut occupied by Mr Charles Reid’s assigned servants where I saw Thomas Bell and Edward Wright. Thomas Bell was standing at the fire I asked where the other man was that I had heard was with him he said there was no man of Mr Archer’s with him Edward Wright was writing a letter I asked  him what he was he said he was a Tradesman I asked him if he was a Free Man or a Prisoner he said he was a Free Man I enquired if she ever was a Prisoner he said no he came into the Country free I then asked if there was any Person on the Plains who knew he was a Free Man he said Joseph Hall

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I went out of the Hut and returned immediately when Wight acknowledged he was Mr Archer’s Servant. I got the letter now produced from a man named William Ashworth who lives with Mr Reid

William Lawson (signed)

Sworn before me at Launceston this eighth day of March one thousand eight hundred and twenty f