ms 3251 1825-31 box 1 vol 4: “Black Natives” – also Paton vs Gregson

BLACK NATIVES 1825-1831
Echoes of Bushranging days In VAN DIEMEN’S LAND
Manuscript 3251 vol  4  in BOX 1 of 4 vols. Collection of the National Library of Australia.

TRANSCRIPT:

p1 [March 1825 in pencil]

Cornwall VDL

March 1825

Be it remembered that on the 22nd March inst. I went to Mr Barclay’s Stock hut at Mills Plains on the Creek Nile accompanied by my overseer Mr Thomas Murray?, Joseph Dobson, and Samuel James. I found the hut burned and nothing remaining but two iron pots, two frying pans, iron works of three spades? and a bucket outside the hut. My assignment servant Thomas Booth with William Arnold an assignment servant to Mr Barclay who had been in charge of the hut were milking, Samuel James who had followed a kangaroo Dog belonging to one of the stockkeepers that had gone into the bush about a hundred yards from the hut called out there is a man laying dead. I went towards him and saw the remains of Thomas Booth. Thomas Laying upon his back, his right arm was off, the flesh of his head and face burnt and his cloaths as far as the waistband of his trousers which he had on as well as his boots by which article and from his form I clearly identified him he had been in my service upwards of fours years. I searched the bush and at a distance of about one hundred yards further from the hut I came on some ground newly burnt and found this body of William Arnold he was laying on his back the flesh of his head and face were burnt as well as his cloaths nearly down to his arms there were there were five sticks pointed at both ends called waddies by the Natives laying close to his head. There was a large stone laying close to Booth on which there was blood and hair nee? Can? Don’t? find his arm  I caused him to be covered.

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over with green boughs and returned home. The bodies were in a putrid state I sent to Mr Mulgrave the coroner that evening who informed me that he had recommended a jury to hold an inquest at Mr Hales? Farm on Macquarie River on Thursday morning and that he could not be at Clarendon before Friday, as it was impossible to remove the bodies he? Requested Mr Barclay, Dr Cameron and Mr William Bryan? To accompany me to the place where the bodies were on Wednesday with some servants. We found Booth in the same place were I had seen him the day before the boughs had been dragged off Arnold apparently by some wild animal and his body torn after both bodies had been examined we caused them to be buried and read the funeral service over the graves on this day we found 2 more waddies laying in different directions near Arnold there were two kangaroo dogs near the hut on Tuesday which had belonged to the deceased one of them we caused to be shot the other also was fired at but escaped the hut is some miles from Clarendon

James Cox JP

The examination of Thomas Morey? (Massey?) Being duly sworn saith I am overseer to Mr James Cox at Clarendon. I was at a Hut on Mill’s Plains on Tuesday morning the fifteenth instant. Thomas Booth my master’s assigned servant and William Arnold Mr Barclay’s servant were in charge of the Hut and some little belongings of Mr Cox and Mr Barclay they had near a weeks provisions (which they generally fetched from my master’s on every Saturday) there was a fowling piece in the Hut, two kangaroo dogs and three small curs. I left the hut about nine o’clock that morning they

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they did not come for their provisions the following Saturday, and on Monday the 21st instant my Master sent me to the Hut with their Provisions. The Hut was burnt down, the walls were standing, one iron pot half full of water was in the fire place, another in the middle of the floor and two frying pans, a cross cut saw was in a corner of the Hut, bent double apparently  by heat, a wooden bucket was outside the door, there were no prints of footsteps near the Hut nor any apparent remains of beading? Nor of the fowling piece amongst the ashes. I went to Captain Barclay’s sheep yard about five miles from the hut to enquire for the men they had not been there I reported to my master what I had seen he sent me the next morning to the hut accompanied by Gareth? Dobson and Samuel James, the hut was in the same state as on Monday. Samuel James found the body of Thomas Booth about one hundred yards from the Hut he was lying partly on his back and side his face and head was much burnt his body was scorched and his cloaths burnt off him to the waistband of his trousers his right arm was off, there were two kangaroo dogs one near the hut and one near Thomas Booth I shot one by my master’s orders the one was fired at but got away about one hundred yards from the body of Thomas Booth I saw the body of William Arnold lying on his back the flesh was burnt off his head and face hiss body scorched and his cloaths burnt nearly to his knees there were six pointed sticks called waddies lying near him my master ordered to bodies to be covered over with boughs and we returned home he sent me that evening to Mr Mulgrave’s farm whom I took a letter back to Clarendon early on Wednesday morn.  I went

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with my master, Mr Barclay, Dr Cameron, Mr Wm Bryan and some servants to the hut that day Booth was laying in the state we left him in the day before Arnold was in the same place but the boughs had been partly removed and his side torn by some wild animals the bodies were examined by Dr Cameron, Mr Barclay and Mr Bryan buried and the Funeral service read over the Graves – There were four more waddies found near Arnold’s body on Wednesday and a large stone on Tuesday found near  Booth there were blood and hair on the stone and one some of the waddies especially on the points of several. The forms of the features of both men remained sufficiently plain on Tuesday to satisfy anyone that they were the remains of Thomas Booth and William Arnold. I also knew Booth’s trousers and half? Saith? Arnold had lost the forefinger of his left hand and wore a gold ring on the little finger of the left hand which remained when his body was found and which I took off. Some of the waddies were found between Booth and some close to the body of Arnold.

Thomas Maxey’s mark X

Taken before me this

25th of March 1825 at Clarendon

James Cox JP

PW? Mulgrave JP

The examination of Samuel James assigned servant to Mr Barclay who being first duly sworn saith I knew the deceased Thomas Booth and William Arnold I saw them about six weeks ago at Capt Barclay stock yard where I reside, Arnold said that a few days before a party of natives had fallen in with him on Mill’s Plains and taken a black kangaroo dog away from his dog named black boy. I knew the dog well I saw Booth and Arnold a Saturday the  twelfth instant and I accompanied Booth from Clarendon as far on my way home as the bridge on the creek Arnold was at the Stock Yard that morning grinding wheat. This place is about four miles from the Hut at Mills Plains I saw nothing of them after till last Tuesday morning the twenty second inst I accompanied Mr Cox, Thos Maxey and Joseph Dobson to the hut where Booth and Arnold lived about 100 yards from the hut I saw a white kangaroo dog Mr Cox desired   us to try and catch it and I went towards it and saw The body of Thomas Booth lying dead A few yards form the dog, one of his arms was off, his face head and body much destroyed by fire and vermin his cloaths were burnt of him to his waist, there was a large stone near his covered with hair and blood we searched the bush. Mr Cox called to us I went to him and saw the body of William Arnold about one hundred yards from where Booth lay, Arnold’s face head and body was burnt and scorched his cloaths were burnt off the front of his body as low as his knees, there were five waddies seen near him this day one I picked up a little distance from the body pieces of burnt sticks were lying round his head the grass and brush was burnt some little distance around him, Both bodies were covered over with green boughs the gut was burnt down there were no traces of footsteps near it, I saw the kangaroo dog named black boy which Arnold told me had been taken from him by the natives lying near the hut, Thomas Maxey

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shot this dog. Joseph Dobson fired at the white kangaroo dog but he got away I then went home to the stock yard the next morning I went to this hut, Mr Cox, Mr Barclay, Dr Cameron and Mr Bryan came there also Maxey and Dobson the bodies were examined and buried, Arnold had lost the forefinger of his left hand and wore a ring on the little finger of the same hand. Thomas Maxey took it off on Wednesday – some time after Arnold told me about the natives taking his dog he informed me that he and Booth had chased a party of the natives to recover the dog but did not come up with them I never heard or knew that Arnold or Booth ever fired at the natives. I have lived at the stockyard and the hut at Mill’s Plains at different times for the last four? Years I have seen natives at both places always I ran from them I never had any intercourse with them not do I believe that Booth or Arnold had any. The cattle had  frequently been speared at Mill’s Plains Arnold said when they took the black dog from his that one of the Natives called out to him in plain English come here you white bugger I won’t touch you and after called him to stop as he ran away.

Samuel Thomas (James?) MARK X

Sworn before us at Clarendon this 25th March 1825

James Cox JP

PW Mulgrave JP

The examination of William Booth assigned servant to Mr Barclay who being first duly sworn saith that about five weeks ago the deceased William Arnold and Thomas Booth came to my master’s farm and told me that the natives had taken a dog from Arnold and that a few days afterwards they had pursued the natives to endeavour to recover the dog when one of the natives said you white buggers if we come again we will take you and the dogs too this took place on the hills at the back of Mill’s Plain I do not know if they were armed when they pursued the Natives Arnold told me that six or eight weeks before he lost his dog that he fell in with a black woman on the Hill above the hut and he gave her some food she left the hut again the same day, about three weeks ago Arnold told me that if he came across the Natives again he would have his dog or sooner his life the black dog that I saw laying dead  at the hut was the same that Arnold said had been taken by  the Natives I was present on that day when two men were buried I knew them to be the remains of Thomas Booth and William Arnold who I knew well.

Edward Booth’s MARK X

Sworn before us at Clarendon this 25th March 1825

James Cox JP

PW Mulgrave JP

The examination of Donald Cameron ESQ MD who being sworn duly saith I accompanied Mr Cox, Mr Barclay, Mr Bryan and Servants on Wednesday last 23rd inst to the stock hut of Mr Barclay near Mill’s Plains I observed on

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approaching the hut a black kangaroo dog laying dead the hut and fowl house burnt I then examined the body of a man laying dead about one hundred yards from the hut. The frontal and pariatal bones were broken to pieces evidently with a heavy and blunt instrument the right arm was torn from the shoulder the let arm appeared to have been broken or  fractured at the wrist the hand was off the head appeared to have been much scorched the body was in a state of rapid decomposition close to the body was a large round stone on which were marks of blood and hair beneath this stone the ground appeared imbedded with the hair and saturated with blood from the state the body was in was impossible to trace any further external marks of violence. Upwards of one hundred yards nearer the creek and among some burnt brush and grass I examined the body of another man on the back I observed two round holes which corresponded exactly with the points of some waddies which were lying near him, he appeared to have received a severe wound or contusion over the let eye I could not trace any fracture of the skull and from the putrid and scorched state of the body it was impossible to make any further examination – a number of waddies were found close to the body and covered with blood and human hair and particularly towards the head the remained of burnt sticks were visible and justifies the supposition that the body was set fire too for the purpose of consuming it.

D Cameron MD

p7

We the undersigned accompanied W Cox, Dr Cameron, and some servants to a hut on Mill’s Plains last Wednesday morning the 23rd inst and this day heard the examinations of Thomas Maxey (Massey?), Samuel James Edward Booth and Dr Cameron vouching the deaths of William Arnold and Thomas Booth and corroborate their statements as to the appearance of the body which were then buried and the Funeral services read over them by Mr Cox.

Wm Barclay

William Bryan

Sworn before us at Clarendon this 25th March 1825

James Cox JP

PW Mulgave JP (wobbly hand)

End

back of page:

murder by black natives [in pencil]

Touching? the deaths of Francis Booth and William Arnold

25th March 1825

shorthand marks    Aygl

1st Augt 1825

p8

The information on oath of Edward Booth a convict who saith being present when I recollect finding William Arnold and Thomas Booth apparently murdered by the natives now? Buried about the middle of March on the farm of Captain Barclay at Mill’s Plains on a Thursday the Monday following I accompanied Mr Cox and others to the said Farm on going through the hills from the Farm we saw the Tracks of the Natives and about 4 o clock that day we saw three natives.

The native man now produced was taken into custody he had a number of Dogs with him tow of them I knew well, one was a bull dog of a yellow colour with a white Face, it belonged to the deceased William Arnold; the other one was a young kangaroo dog the property of Mr Cotterell and used to accompany Booth and Arnold when at the far; the dogs came towards us after we had taken the native man into custody before the Bodies of Arnold and Booth were buried I saw a large stone lying near the head of Booth there was blood and hair upon the stone there were a number of waddies used by the native lying near the Bodies of Booth and Arnold, there was blood and hair upon several of them

Edward  HIS Booth

X

Mark

Sworn before us at Launceston this sixteenth day of July 1825

H Simpson  JP?

PW Mulgrave JP

p9

The Information on oath of Samuel James a Convict[i], who saith I recollect finding William Arnold and Thomas Booth dead apparently murdered by the Natives about the middle of March on the farm of Captain Barclay at Mill’s Plains on the Monday following I accompanied Mr Cox and others to the said farm on going through the Hills from the farm we saw the track of the natives and about four o’clock that day we saw three natives the native man now present was taken into custody he had a number of dogs with him, two of them I knew well one was a bull dogs a yellow colour with white face, it belonged to the deceased William Arnold, the other one was a young kangaroo dog the property  of Mr Cottrell and used to accompany Booth and Arnold when at the Farm the dogs came towards us after we had taken the native Man into custody I saw the dogs with Arnold four or five days before Arnold was found dead

Samuel James

HIS MARK X

Sworn before me us at Launceston this sixteenth of July 1825

H Simpson JP

PW Mulgrave JP

p10

Mr David Roberts sworn saith I understand the language spoken by the black natives on the eastern coast of Van Diemen’s Land the native Man now present calls himself Temina/Lemina, I saw him on the evening of the day he was confined in the gaol at Launceston. I asked him why he killed the white men he said the white men wanted to get the women away from his Tribe, that he did not kill the white men,  that he saw some men of this Tribe spear the white men and that one of the women belonging to his tribe threw a stone upon the head of one of the white men and killed him.

He had this day told me that some of the dogs that were with him when he was taken belonged to the white men show were murdered by his Tribe, he now says that the white men were killed in consequence of a quarrel that had taken place about a Dog, he has told me that he would shew me the Men who killed the white men if I would go into the bush with him by myself

David Roberts (good signature)

Sworn before us at Launceston this sixteenth day of July 1825

H Simpson JP

PW Mulgrave JP

p11

James Parish, free, sworn saith, I understand the language spoken by the black native man now present on my first questioning him about the white men found dead at the time he was taken into custody, he refused to give me any account about them but he now acknowledges that he was present when two white men were killed he first said they were killed by the people of his own tribe, he afterwards  told me they were killed by the natives of another Tribe, that after the white men were knocked down the women threw stones upon them, that a quarrel had commenced about a black dog that three of the Dogs were with him when he was taken had belonged to the white men whom he saw killed he says his name is Temina

James Parish (original signature)

Sworn before me at Launceston this sixteenth day of July 1825

H Simpson JP

PW Mulgrave JP

(May 1818 James Parish  was in boat with Little Bob, Michael, (John/James Brown, Fox, Moss, Antione) half-caste boy and girl (children of Pleenperrenerrer Mother Brown) when accident off Bird Island in Western Straits only Parish survived from drowning: HTG 6/6/1818, FM 25/12/30, 19/3/1831) SOBS:86, 94 – lots more)

(the next account in the ledger is by Dalrymple Briggs)

p15

To Wit,

The information of Mr William Brumby who being sworn saith, I am a settler and reside on the Lake River, at the back of Norfolk Plains, Doctor Jacob Mountgarrett also resides at a farm on the Lake River; on Saturday afternoon the fifteenth or sixteenth day of last July between five and six o’clock, I was riding along the Road near Dr Mountgarrett’s house I heard the cry of murder, soon afterwards I saw a half caste native girl called Dalrymple, who has lived with Doctor Mountgarrett some years, running from his House towards the Road, I heard the report of a fowling Piece, Musket or Pistol and saw a Man standing at the corner of Doctor Mountgarrett’s House from whence the shot came, he had a blue coat on and a white night cap; I rode up to the Girl, she was crying, I observed one of her legs was bloody, she said I will go to Mr Archer my Master has shot me.

I immediately rode to Doctor Mountgarrett’s House; he was outside the house; and wore a blue coat and a white night cap; he had no gun in his hand; nor did I see a gun of any sort near him, I asked him why he shot the black Girl, he replied why cannot I correct my

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black servant without you interfering; after some more conversation he ordered me off the farm, I do not know what became of the coloured Girl.

WM Brumby

Sworn before me at Launceston this fifth day of August 1825

PM Hargrave JP

_________________________________________________________

The information of Mr James Thornloe, who being sworn saith, I am free, and clerk of the Commandant of Port Dalrymple; on Saturday evening the sixteenth day of last July I was riding on the Road near the House of Doctor Jacob Mountgarrett at Norfolk Plains; I heard violent screams issue from his house, and soon afterwards saw a half cast native Girl running from the House toward the Road, at the same time I saw a person in a dark coloured coat and a white night cap at the corner of the house by whom a shot was fired towards the Girl, who was then about thirty yards from the said Person; I rode up to the Girl, she was weeping bitterly, and said he has shot me; I examined one of her legs (I think her left leg) there were two punctures from which blood ran down to her heels, they resembled wounds inflicted by small shots.  *[inserted: She complained after I had examined her leg that she was much hurt on the hinder and lower part of her let side, to which she frequently applied her Hand, whilst I spoke with her] She complained after I had examined her leg that she was most hurt on the hinder and lower part of her left side, to which she frequently applied her hand, whilst I spoke with her.  Mr William Brumby and Mr James Brumby junior were with me. I rode up to the door of the House,

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Doctor Mountgarrett was standing in the Porch, he wore a dark coloured coat and a white night cap, he had something under the upper part of his left arm over which a handkerchief was loosely thrown, and which projected a few inches in front of his Body, and five or six inches behind his Body; I believed it was a Pistol, he came outside of the Porch.  I thought he was intoxicated; I told him I was going to leave the neighbourhood and had called to bid him farewell, he said goodnight young gentleman two or three times, Mr William Brumby came up at the moment, and the Doctor returned into his House.  I returned to the girl that had been shot, who was coming towards the House, she was still crying weeping bitterly, I looked back and saw Dr Mountgarrett at the corner of his House he came toward me I said “you have shot the girl Doctor, you ought to know better”, he desired that I would not interfere between him and his servant; and requested that I would leave his Farm; the handkerchief and it’s contents was still under his Arm.  The two Mr Brumby’s and I rode away. I am not certain but I think the girl was standing about twenty yards from the Doctor when we rode away, she did not say anything to us. I did not examine the girl’s side.

James Thornloe

Sworn before me at Launceston this fifth day of August 1825

PM Hargrave JP

_________________________________________________________

p18

The information of Dalrymple Briggs who being sworn saith I live with Dr Mountgarrett with whom I now reside on the Lake River as long as I can recollect I am above twelve years of age.  I am a servant to Dr Mountgarrett.

I recollect that upon a Saturday about three weeks ago I saw two of Mr Brumby’s sons and a Mr Thornloe riding on the road near Dr Mountgarrett’s house.  I at the same time saw an opossum upon a tree close to the House, I ran to my Master and told him of it, I went away to another tree about twenty yards from the other former tree, my Master fired at the tree upon which I had told him there was an opossum, five of the shot struck my right leg and foot my leg did not bleed, the shot only just went through the skin they did not hurt me much. I did not cry.

I went into my Masters House neither Mr Thornloe nor either of the Mr Brumby’s spoke to me before I went into my Master’s House. Mr Thornloe did not examine my leg I did not complain of my side being hurt I never told Mr William Brumby that my Master had shot me after I went into the house the two Brumby’s and Mr Thornloe galloped up to the door.

Mr William Brumby and Mr Thornloe told my Master who was at the door that they were come to take a glass of grog with him my Master said that he would not let them into the House at that time of the night, the clock had just struck eight, Mr William Brumby then said he would double my

p12 (with 17 in pencil top right)

Master up and throw him into the river. Mr Thornloe and Mr William Brumby  both got off their Horses they both appeared tipsey they both called my Master all they could lay their tongues to they called him audacious names. Mr William Brumby took up a stick and threatened to strike my Master the younger Mr Brumby did not get off his horse or say anything, my Master ordered them off the premises three or four times they said they had as much right on the farm as he had, my Master replied if they did not go away he would get his Brother and his men and start them out of that. Mr Thornloe and Mr William Brumby got upon their horses and with the younger Mr Brumby galloped away.  They made a great noise as they rode along the road. I am lame of my left side the lameness was occasioned by a fall more than a year ago, my Master was sitting on a sofa in the house reading when I told him there was an opposum on the tree there was no noise or screaming in the house at the time. No person has ever told me what I was to say regarding this affair I never said that I would go to Mr Archer’s there has not been a Pistol in my Master’s house at the Lake River since I lived there. My Master and Mistress did not quarrel on the before mentioned my Mistress did not go

p13

to the door during the altercation between my Master, Mr Thornloe and Mr Brumby’s, there was no person in the house besides my Master Mistress I and two young children. A black boy found the opossum my master shot before Mr Thornloe and Mr Brumby came up to the house the moon was just rising the opossum was upon the tree a high gum tree when it was shot the opposum was near the top of the tree. The tree I was at when the shot struck me was twenty yards from this tree, my mistress took the shot out of my leg I hardly felt it.

Sworn before us at Launceston

this eighth day of August 1825

** no signature or mark by Dalrymple

H Simpson JP

PA Mulgrave JP

The information of Richard Rowland Priest Esquire being sworn saith. I am colonial surgeon at Launceston. I have this morning examined the legs and side of Dalrymple Briggs there is the scar of an old wound upon the left Hip, there are no remains or vestiges of any wounds on her legs there is the mark of a very small shot on the skin on the sole of her right foot.

RR Priest

Surgeon

Sworn before

p14

us at Launceston this eight day of August 1825

H Simpson JP

PA Mulgrave JP

p15

re Jacob Mountgarrett Shooting Dalrymple Briggs

Dismissed August 8th 1825

p19

Cornwall

To Wit

Van Diemens Land

The information of Captain John Welsh who being sworn saith I was on board the Duke of York Government Brig last Monday morning the twelfth day of December instant in Kents Bay in Cape Barren when a boat belonging to the Alligator Schooner brought Henry Ashworth, James Fahey, Thomas Martin and John James Moring? On board the said Brig one of these four men stated in the presence of the rest that they with five others purchased a Boat that once belonged to Major Hannover of a man at Hobart Town and absconded from there in September last and Henry Ashworth stated that me privately that they names of the other five men were William Wigdale, William Perring, James Leadenhall alias Joseph John Wallace and Joseph Thompson he said he did not know from whom the boat was purchased but supposed that twenty five pounds was paid for it that John Wallace was the Ringleader that the night after they left Hobart Town they stopped

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at Browns River, the next morning landed on Betsy’s Island and staid there a day or two pulled their boat over East Bay Neck and stopped seven or eight days on Scanters? Island on their way from thence they stopped at several other places on the coast of Van Diemen’s Land which he could not particularise that from Swan Island they went to Clarks Island and sailed about the straits for three or four days where they fell in with a man named Joshua Duncan by whose advice they went to Preservation Island where they found the Schooner Governor Brisbane on board of which vessel William Perrings, William Wigdale and Joseph Leadenhall made their escape and that he heard there were several convicts on board the Brisbane that John Wallace and Joseph Thompson were drowned on Saturday morning the twenty ninth day of last November in endeavouring

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to cross from Cape barren to Preservation Island on a catamaran that these four men were on Cape Barren about eight weeks and that the Party left Hobart Town on the ninth day of last September on Sunday morning the eleventh instant two muskets and a quadrant were brought on board the Duke of York by a party of soldiers the next day these four men Ashworth, Fahey, Martin and Moring stated  to me that they had left two muskets and a quadrant in their hut on Cape Barren all these statements were made voluntarily and without offer or promise of reward

J Welsh

Sworn before me at Launceston this sixteenth day of September 1825

PW Mulgrave JP

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[cover envelope – letter – not part of surrounding docs?]

Mr HY? Ashworth

Hobart Town  (Red ink seal broken)

Found in James Fahey’s bag 16th Dec 1825

Coal river 25 July 1825

Dear Friend

Excuse me troubling you respecting the tiller? Belonging to the Pit saw  you was so kind as to get me at Atkinsons Stores, I was unable to take it with me when I was in town lately, you forwarding the saw you be/??? Will oblige.

James Fahey

W Gillard (?)

After I left your house I left then with Samuel Knights /Guns the Boat builder. If he will  forward them or take ???? care of natives???? For me I shall be glad

WG

p23 + p24

139 Henry Ashworth Clerk in the Engineers Office 5 ft 9 “ brown [hair?] grey [eyes?] 24 Clerk Lancaster? 23 March 1822 Life Caledonia Nom?

Left Hobart Town in September in a small boat and landed on Swan Island and from thence to another island where we was left and met these three men Moring, Martin, Fahey, was taken away by the ALLIGATOR Brig last sunday and was delivered on Board the Duke of York on the next morning –lived on the island eight weeks, saw Duncan in a boat with two white men and a native woman before he was left on the island, does not know where Duncan went to.

268 James Fahey Govt Boats crew HS  5 ft 5 “ brown [hair?] grey [eyes?] 40 seaman London Oct 1823 7 years,  Lady Ea?  Cork

Left Hobart Town stowed away in a schooner in September and was put on shore on an island in the Straits taken away by the Alligator Brig and put on board the Duke of York, on the island five or six weeks.

378 Thomas Martin Prisoner in the penitentiary at HT when he absconded 5 ft 6 in  dark brown light Labourer Middlesex Oct 1821 7 years  Sin O ? Chatham

Left Hobart Town in September stowed away in a Brig and put on shore on one of the islands in the Straits taken away by the ALLIGATOR and put on board the Duke of YORK – was two or three months on the island livd on shell fish and mutton birds – swam a small river to join the others.

428 Lw Las Moring? Absconded from the penitentiary 5 ft 8 half inch dark brown l blue 28 shoemaker Kent Dec 1822, Capt H/ Land o?

Left Hobart Town in the month of September stowed away in a Brig whose name he doesn’t know  and put upon one of the islands in the Straits from whence he was taken by the ALLIGATOR brig and sent on board the Brig Duke Of York – lived six or seven weeks on the island

Oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo

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Clarendon 22 March 1825

½ past 2 pm

Dear Sir/

I have just returned from Capt Barclays cattle run occupied by his and my young cattle and am very sorry to have to report to you, as coroner that two of the stock keepers are both killed and now laying dead near the remains of the hut which has also been burnt. The name of my servant was Thomas Booth, the name of Capt. Barclay man _________Arnold. The situation of the place is on the Creek Nile at Mills Plains distant from here about 9  miles. The two unfortunate men are not in a state to be

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moved their heads having been burnt since mutilated by vermin. Natives waddies are lying by one of the men and have every reason to believe thy have been murdered by the black Natives. Please let Mahey? Have your answer to me tonight that he may return here early tomorrow morning,

J Sherman?

D; Din

James Brumby? or Creely?

James Cox

PA Mulgrave ESQ

Coroner

Le le le

Oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo

p27

Richard S Colthorn March 1822 Life Stealing and killing a weather sheep the property of Thomas Archer esq
914 Isabella Mc Kenna Sent 1819 7 Stealing 5 pounds in notes the property of  Israel Hooper
Francis King CF life Having in his possession two Gowns the property of Thomas Walsh knowing them to have been stolen
960 Martha Hale December 1820 7 Privately stealing in the swelling house of W Lette
14 Thomas Grady 1810 7 Stealing a bushel of wheat from the Barn of A? McLeod Esq
110 Edward Knowles January 1820 7 Robbing Peter Johnson in the street of one iron padlock key of the value of sixpence
124 William Kelly 25 Oct 1820 7 Fraudulently appropriating a quantity of tea and tobacco of the value of forty shillings and upward the property of P McDonald
191 Alexr Morrison January 1818 7 Being Accessory to Thomas Grady’s stealing a bushel of wheat the property of Major McLeod.

List of prisoners committed for trial now confined in the Gaol at Launceston

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no Name When tried sentence Present charge remarks
Thomas Kenton 7 Aiding and abetting Matthew Brady a Bushranger to escape from justice.
TB Child 7 Uttering a set of bills for 600 pounds sterling purporting to be drawn by Mr Wenyss Esq upon the Commissioners of His Majesty’s Treasury knowing the same to be forged
William Kelsall 1801 life Stealing four pounds of flour from the house of Sergeant Kirwin at George Town
292 Thomas Brady 7 Firing a pistol at J Jones and wounding him in the wrist
323 Lancelot Ryan Aug 1814 7 Maliciously shooting a mare the property of Mr A Charlton
Patrick Riley Feloniously receiving and having in his possession a pistol knowing it to be stolen.
232 James Robertson June 1816 14 Feloniously breaking out of the store of Messrs Chamption and co
481 Thomas Webb April 1817 7 Having a gown and shift in his possession the property of Winifred McNally knowing he same  to be stolen
84 Sarah Smith February 1818 7 Having a gown and shift in his possession the property of Winifred McNally knowing he same  to be stolen
29 Mary Prior 5July 1820 Life Feloniously entering the dwelling House of Thomas Thomson Esq and stealing there from a keg containing Brandy, 14 bottles of wine, 2 cocoa nuts and also with having the same in her possession knowing them to be stolen
111 William Prior 26 Oct 1819 7 ditto
266 James Hayes 29 April 1820 life ditto
186 William Blair April 1818 7 ditto
P29
381 Matthew Cooper 6 Dec 1820 Life Stealing 4 bushels of wheat from the farm of IW Abraham Walker at the Red Bank
128 Younger Watson April 1818 7 ditto
314 David McGee May 1821 life
442 Haughton Hinton March 1822 Life Breaking open a chest in the House of Mr Letter and stealing there from Sundry  articles of wearing apparel
190 George Lamming 21 May 1821 7 ditto
338 Daniel Cummings 28 June 1820 14 Aiding and abetting Matthew Brady and James McCabe charged with felony.
138 John Croft Feb 1818 7 Aiding and abetting Matthew Brady and James McCabe charged with felony.
142 Charles McDonald Stealing a pistol from the person of Joseph L Dobson?
Temina – a Black Native Murdering Thomas Booth and William Arnold Blue crayon X on either side of the copperplate
71 Frederick Barker 1816 life Aiding and abetting Thomas Lawley a Bushranger and felon in feloniously killing and slaughtering a sheep the property of W Abraham Walker
228 Richard Passmore Jan 1818 7 ditto
24 George Trowbridge 1813 7 Feloniously carrying away a quantity of wheat in the straw from the stack of Robert Lane at Norfolk Plains
200 John Jones 20 Feb 1822 life Stealing a watch from the schoolhouse the property of John McMahon
436 Terence McManus 30 Aug 1821 life Absconding from George Town and Feloniously stealing and carrying away a pair of pistols the property of Government
Thomas Brannon March 1795 life Having in his possession four bags the property of Capt. Barclay knowing them to have been stolen
36 Thomas Pairley Stealing a fowling piece from James Laverty on the Kings high way
127 William Elliot 10 July 1818 7 Privately stealing in the dwelling house of Thomas Etherington
James King Having a quantity of Beef in his possession knowing the same to be stolen
XIII John Austin Life ditto
155 John Monks 1816 7 Violently assaulting Mr Palmer in his dwelling house and stealing five pounds in notes therefrom
181 John Harris March 1819 14 ditto
78 William Tuffnell Sept 1816 7 Having carnal knowledge of Eliza Briggs against her will
507 Thomas Bell May 1821 7 Stealing and killing a wether sheep the property of Thomas Archer esq. p30

Cornwall

Van Diemen’s Land

To wit

The information of George Pyle who being sworn saith I am a cooper employed in the Government Store  in Launceston yesterday morning I saw a number of Native Black people at the back of the hill behind Government House one of the Black Woman was thrown down by a white man there were several other white men near who held the Black Woman down whilst the white man first mentioned laid upon her his trousers or breeches were unbuttoned I do not know his name a Black Native Man took up a stick with an apparent situation of rescuing the Black Woman one of the white men then took up a stick and the black man ran away at some distance form this place I saw four or five Black Native Women lying upon the ground and white men lying upon them where were two or three soldiers near these last mentioned people they did not interfere with them in my presence I do not know any of the parties who appeared to have this intimate connection with the Black Women.

Sworn before me at Launceston this sixth day of January one thousand eight hundred and twenty five

George Pyle (he signed)

PA Mulgrave JP

p31

The information of Alexander Cumberbeach  Who being sworn saith the day the native black people were last in Launceston I saw some of them at the back of the hill behind Government House I saw two white men having sexual intercourse with two of the black women I do not know whither by force or otherwise. I saw no violence used there were a number of black men sitting on the ground about one hundred yards from these two black women there were women with the black men also sitting down there were twelve or fourteen white men on different parts of the hill and three soldiers on the top of the hill but except the two white men first mentioned I saw no one interfere with the Black Women I took the Black Woman from under those two men the women ran to their companions I remained there till the whole of the Black People disappeared in the direction of Paterson’s Plains except the two men  who returned towards the Town.

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I did not see any of the Black people beaten or otherwise ill used than I have already stated

Alexander Cumberbeach

HIS MARK X

Sworn before me at Launceston this eight day of January one thousand eight hundred and twenty five

PA Mulgrave JP

p33  Feb 1826 in pencil

The information of Thomas Tucker a seaman who being sworn saith in the month of September 1824 I was employed sealing in Basses Straits on the evening of the seventh of that month I landed from a Boat at a place called Ringarooma about eighteen miles to the southward of Waterhouse Island and about twenty leagues from the Heads at Port Dalrymple, in company with Duncan Mc Millan/the owner of the boat/Samuel Stewart, John Cliffs, William Saunders, a native woman who had been three years living with Mc Millan, and her child about fifteen months old, Stewart, Cliff, Saunders, McMillan and the native woman went into the Bush to hunt Kangaroo, I remained in a thicket near the boat with the child. I had a musket with me and two or three charges of ammunition. McMillan had a fowling piece and a little shot and powder with him, the rest of his companions were unarmed. About eight o clock the next morning I heard a shout and thought Mc Millan and his Party were returning from

p34

hunting, I went upon the beach towards the boat and saw a mob of black natives consisting of seventy or eighty in number about 10 or 15 yards off on the Beach, they were armed with spears and waddies, they were men and boys, they commenced by throwing stones at me they came between the water and the Boat which had been hauled above high water mark, I ran towards my tent which was in the thicket aforementioned they surrounded me and lighted several fires round the thicket, I took my musket in one hand and the child in the other and ran towards the beach, the natives at first gave way, I placed the child in the Boat and endeavoured to launch the boat as spears passed close to my Head went through one side of the boat and stick into the other side, I could not launch the boat, I walked slowly towards a hill about a quarter of a mile off with my musket in my hands the natives followed me keeping a considerable distance off, so soon as I had got at the top of the hill the natives advanced closer upon from different  directions and threw several spears at me, I Kept them off by frequently presenting my musket  as them and running towards them when they always retreated, I was afraid to fire at them because I

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had only one charge of powder, the rest I had spilt out of my pocket when I first went up the hill, after I had been upon the hill about 4 hours a girl apparently about sixteen years of age came to the foot of the hill and told me in her own language not to kill her, I told her I would not, she came towards me, I asked her where the woman was who had landed from the Boat, she pointed her out sitting upon the grass close to a man who appeared to be the chief of the Mob he was playing with the child which I had put in the boat, I told the girl to tell the McMillan’s woman to come to me she did so, and immediately after I saw the Man who was near her strike her upon the Head with a stick, she then came to me accompanied by two other women I asked her whence my shipmates were, she first said they were killed, but afterwards said they were gone to Port Dalrymple, I asked her what the black fellows were going to do with me, she said I must go to the Boat, I did so accompanied by the three women and the girl, several spears were thrown at me on my way. I ordered these women to assist me to launch the boat , they laid hold of the Boat and shoved her the contrary way to which I directed them at length I desired them to place the boat’s head contrary to my wishes and by that means got the boat launched when the

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boat was nearly afloat they all seized hold of me and my musket, I told them I was not afraid and that I would shoot them all. Three of them let go of their hold but Mc Millan’s woman still kept hold of my musket and dextrously opened the pan and blew out the priming. I wrenched the musket from her grasp she ran into the water my oars and one of my sails were lying upon the beach, I threw them into the boat and put to sea and arrived at Preservation Island about ten o’clock that night, the next day the wind was too strong to pull a boat to Ringarooma but the day after I landed there with three other white men we found the clothes and other articles which I had left in the thicket had been burnt, one iron pot a frying pan and two water kegs were still there, the next day another Boat landed there with four men and a native woman, five men and native woman and I proceeded into the interior about seven miles, but could see no trace of my lost ship mates, the black woman said the natives had gone towards the eastwards too far for us to proceed after them, we returned to our Boats and crossed over to Preservation island. When McMillan landed with his woman they appeared quite friendly, he was a quiet man and had treated his woman with kindness.

Sworn TW Tucker  (his signature)

Sworn before me at Launceston this thirteenth day of February 1826 PA Mulgrave

Death of Duncan McMillan, Samuel Stewart, John Cliffs, William Saunders

Tucker says this occurred in Sept 1824 – but doesn’t give deposition until Feb 1826.

See HTG 10/12/1824 – nb: dashing child’s brains out isn’t above….

See: FM 5/8/1830, 4/4/1831,

Fm 15/10/1830, 16/8/1831– re: 1827 revenge attack at Eddystone Point by Tucker, John Riddle (Long Jack)?, Sydney, Jack Williams, and? – when he killed Murray and Jack (Aborigines)

p37

Flood later killed by the blacks at Lake Dunn? in pencil  (who wrote this? Plomley or Ryan?)

May 1827

The information on oath of Thomas Cooper free who deposeth and saith this week I lived in the Hut with Luke Flood near the Western Lagoon I received a summons on Monday or Tuesday last to attend the Police Office in Launceston at ten o’clock this day to answer to the complaint of Mr Joseph Archer and I know at the same time that a similar summons was left in the Hut for the said Luke Flood who yesterday morning said he would not come to the Police Office

Thomas Cooper

HIS MARK X

Sworn before me at Launceston this second day of May 1827

PW Mulgrave

p38

Van Diemen’s Land

To Wit

The information and complaint of Mr Joseph Archer of Pansanger, District of Bathurst in Van Diemens Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemens Land and its dependencies this twenty fourth day of many in the year of our Lord, one thousand  eight hundred and twenty seven, which said informant on his oath aforesaid, deposeth and saith as follows (that is to say); on the 19th day of January last I entered into a written agreement with two men named John Flood and William Davis to cut me Ten thousand feet of timber, of such sizes as I might direct for which they were to be paid by me at the rate of eleven shillings per hundred feet of regular sawyers measurement, and were to draw from me all the provisions they required,/ at the rate specified in our agreement/ until ten thousand fee were cut or as much more as OI might require – I have received from them   to this day three thousand seven hundred and twenty five feet, amounting to twenty pounds, nine shillings and nine pence and they have received from me in cash and provisons &c upwards of thirty pounds – The day before yesterday namely the 22nd of May instant John Flood and a man named Thomas Cooper whom Flood has employed to saw with him

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instead of Davis, came to my house and said they wanted to settle with me, I asked them for their account and Flood replied he had brought no account, but had cut the ten thousand feet and would not work any more unless he had a settlement – They then went away – yesterday morning  I sent, at Flood’s desire, two teams to cart home some Timber which was laying at the sawpit belonging to me, and in the evening the men, with the Teams namely Thos Hudson and James Williams, returned without any timber, stating to me that Flood and Cooper prevented their bringing the timber which was cut, thus putting me to the unnecessary expense and great inconvenience of sending two men with Teams fourteen miles for nothing – I drew the logs to the put from which the timber now cut, was sawed –when these men Flood and Cooper pressed for a settlement without producing an amount, I offered them money on account if they would give a receipt for it and go back to their work – but this they refused to do in presence of my overseer William Bronwick? – and as I am convinced that these men are determined to defrauds me and evade their agreement, may that they  may be summoned to answer to my

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complaint, the further dealt with according to Law

Before me

Tho Archer  JP

Joseph Archer

p41

Launceston Nov 17th 1830

Sir

Having given an order to the Watch House keeper to receive this afternoon three female prisoners who are here for assignment from Hobart Town to make room temporary in the Gaol for some female Black aborigines sent here this afternoon from Norfolk Plains, the Watch house keeper to my very utter astonishment refuses to receive them saying he was desired by you not to receive any sent by my order, I request to know whether you have given him any such orders

I have the honour to be

Sir Your Obedient Servant

EA Abbott JP

Gaol Commandant

W/ Lyttleton  Esq  JP:

p42

9th July 1828

Cornwall VDL

An inquisition indented  Taken at Launceston the twenty ninth day of July in the eight year of the reign of the sovereign Lord, King George the fourth  before me Peter Archer Mulgrave  Esquire coroner? Of our Lord the king for the country aforesaid upon the view of the body of William Foster a convict then and there lying dead upon the oaths of Messieurs  Thomas Scott, James Houghton, James Yates, Nathaniel Lucas, Richard White, Joseph Dale/Dell JNR, John Dale/Dell senior, Thomas Prosser, John Knight, Samuel Fentrick?, John Reid, and Henry Hinksman?,

Good and lawful men of Launceston in the said county who being sworn and charged to enquire on the pact of our said Lord the King when where how and after what manner the said William Foster came to his death so say upon their oaths that William Foster was found dead on a place about half a mile from the House of Captain Coulson on the River Tamar with four mortal wounds in his chest on the afternoon of Sunday last and that these wounds were inflicted by spears such as used by the Black Native people and the Jurors aforesaid so further day that the said William Foster was feloniously killed and murdered by one or more the Black Native people to the Jurors Unknown on

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Wednesday the 23 rd instant , at the place aforesaid and in manner aforesaid that is to say by having been feloniously stabbed with some sharp pointed instrument by some personals aforesaid which stabbing or wounding caused immediate death.

In witnesses, where of as well the aforesaid coroner as the Jurors aforesaid have to their inquisitions set their hand and seals the day and year first within be written

Thos Scott

James Houghton

John Knight

James Yates

Thomas Prosser (very shaky)

Nathaniel Lucas

PW Mulgrave (very shaky)

R White

A childs????

Joseph Dell?

Samuel Feurtrill?

John Dell

HH Milmmm??

[also little squares of paper c.8 x 11 mm next to each name – under which might be blood?]

p44 + p45

COPY of above document

p46

Third doc version….

9th July 1828

Cornwall VDL

An inquisition indented? Taken at Launceston the twenty ninth day of July in the eight year of the reign of the sovereign Lord, King George the fourth  before me Peter Archer Mulgrave  Esquire coroner  Of our Lord the king for the country aforesaid upon the view of the body of William Foster a convict then and there lying dead upon the oaths of Messieurs  Thomas Scott, James Houghton, James Yates, Nathaniel Lucas, Richard White, Joseph Dale/Dell JNR, John Dale/Dell senior, Thomas Prosser, John Knight, Samuel Fentrick?, John Reid, and Henry Hinksman?,

Good and lawful men of Launceston aforesaid 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 Foster came to his death proceeded to view the body.

The information on oath of W George Coulson who desposeth and saith the deceased William Foster was a Government Man in my service I last saw him alive between ten and eleven o clock on the morning of Wednesday the 23rd instant I saw nothing more of him until the afternoon of Sunday the 27th instant, I then discovered his body several hundred yards

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behind my house he was laying upon his breast upon the ground near a tree on the rise of a hill there was a large wound on the left side on the breast which appeared to have been made by some sharp pointed instrument I did no examine the body minutely the face appeared to have been very much bruised there was a spear like those used by the black native people laying close to the body and another about ten yards from it he was dead and quite cold his cap was laying between him and the tree one shoe off the other on and his clothes not much torn there were a number of the Black Native people near my House on last Wednesday in the direction of the place where his body was laying I never knew that he had any differences with any person he as a very quiet man it was his Duty on the afternoon of that day to attend my Bullocks which were grazing he had no arms with him the body was in the same state when I found it as it was when viewed by the inquest this morning

George Coulson

p48

The information on oath Thomas Belfield a prisoner in the public work. I last saw William Foster alive whose body has been viewed by the inquest on last Wednesday about one o clock in a Hut on Captain Coulson’s farm he went away to graze some Bullock’s behind the House upon some rising ground sooner after he was gone it was reported the black natives people were in the neighbourhood the next day search was made round the neighbourhood nothing was heard of him and I next saw his body brought to the ??boat?? which was laying close to Captain Coulsons farm, the body was then in the same state as now I helped to convey the body to Launceston and from the wharf to the hospital. I never had any quarrel with Foster he had no arms with him when he left the Hut

Thos Belfield

The information on oath of John Hoe a prisoners of the Crown in the service of Government I last saw William Foster alive on Wednesday morning last in the Hut on Captain Coulson’s farm I was assisting in searching for him on Thursday Friday Saturday and Sunday about two or three o clock when I was upon the side of a stile at the back of W Coulson’s House I had two dogs with one which saw before

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me some distance as if upon the scent then stopped near a tree which had been partly burnt down where I saw some boughs laying over a hole which I removed and perceived the body of William Foster laying in the hole upon his face I saw a wound in his sides which appeared to have been made by a spear he was quite dead. I called Captain Coulson to my assistance and I then saw several spear wounds in his breast I did not examine those wounds minutely. I assisted in conveying the body to a Boat near Captain Coulson House he was a very quick man I never heard of his quarrelling with any person there were two spears found near the body Like those used by the black natives  people there were a great number of thick pieces of sticks on and near the body I did not see any waddies, or large stones, near it  on Thursday morning we heard the footsteps of a number of naked persons near the creek a short distance from where the body was found and apparently as if coming form? It? There were the traces of some? Thirty or forty persons which we followed about a mile and then lost the track

the mark of John Hoe   +

p50

The information ooath of Robert Wainwright? Owen esquire Surgeon who saith I have examined the body of William Foster and found several wounds thereon the said wounds appeared to have been inflicted by spears such as are used by the black native people a wound on the left hip was superficial and a piece of a spear remaining in the sounds there was also a wound on the left shoulder and four others on the chest which were deep and extended into the subtaer of the Lungs they were eight inches keep about half an inch diameter the first rib on the left side was fractured as well as the lower jaw the countenance  was much disfigured any one of the four wounds in the chest would have caused immediate death

Mr Rt Owene

Alds Surgeon

In pencil – Inquest William Foster murdered by blacks 23 rd July 1828

p51

24 November 1828

Cornwall

Van Diemens Land

An inquisition Indented taken at Launceston in the County of Cornwall this Twenty Seventh day of November in the Eighth 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 Robert Willowise Labourer then and there lying dead upon the oath of messieurs Alexander Stewart, James Haughton, Henry Reed, Thomas Underwood, William Henry Evans, Newman Williatt, Theophilus Feuttrill, Thomas Prosser, Alexander Drummond, Joseph William Bell, Robert Stonehouse, and John Dell, good and lawful men of Launceston aforesaid who being sworn and charged to enquire on the past of our said Lord the King when where how and after than what manner the said Robert Willowise came to his death do say upon their oath that some black native persons to the jurors unknown not having the fear of god before his or her eyes but being moved and reduced by the instigation of the Devil on the twenty fourth day of November in the eight year of the Reign aforesaid on the morning of the said day with foresaid arms at a place about five miles from Launceston on the left Bank of the River Tamar in the Country of aforesaid in and upon the aforesaid Robert Willowise then and there being in the Peace of God and of the said Lord the King feloniously voluntarily and of his or her malice forethought made an assault and that the

p52

The aforesaid Unknown person with a certain spear made of wood of the value of one penny which the said unknown person then and there held in his or her right hand the aforesaid Robert Willowise in and upon the left side of the said Robert Willowise between the fourth and fifth rib then and there violently and of his or her malice forethought struck and pierced and gave to the said Robert Willowise there with the spear aforesaid in and upon the aforesaid left side of the said Robert Willowise one mortal wound of the diameter of quarter of an inch and of the depth four inches of which said mortal wound the aforesaid Robert Willowise then and there instantly died and so the said unknown person there and there feloniously killed and murdered the said Robert Willowise against the peace of our said Lord the King his Crown and Dignity and the Said jurors upon their oath aforesaid further

p53

Further say that they verily believe the Felony and murder of aforesaid was committed by one of the black native people and that certain other of the black native people also to the jurors unknown were then and there comforting abetting and aiding the aforesaid unknown Person to do and commit the Felony and Murder aforesaid against the peace of our said Lord the King his Crown and Dignity.

In witness where of as well the aforesaid coroner as the jurors aforesaid have to their inquisition set their Hands and Seals the day and year and at the place first within written

PA Mulgrave (very very shaky writing)

A Stewart

Thomas Underwood

James Houghton

A Drummond

Henry Reed (fancy signature)

Thomas Prosser (shaky signature)

Herman Williat

JW Bell

M F Evans

Theophilus Feutrill

Robert Stonehouse (shaky)

John Dell (shaky)

All signatures have a little square 1 x 1 cm of paper next to their name with sealing wax? Under it – oath?

p54

Cornwall

Van Diemens Land

An inquisition Indented taken at Launceston in the County of Cornwall this Twenty Seventh day of November in the Eighth 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 Robert Willowise Labourer then and there lying dead upon the oath of messieurs Alexander Stewart, James Haughton, Henry Reed, Thomas Underwood, William Henry Evans, Newman Williatt, Theophilus Feuttrill, Thomas Prosser, Alexander Drummond, Joseph William Bell, Robert Stonehouse, and John Dell good and lawful men of Launceston aforesaid who being sworn and charged to enquire on the past of our said Lord the King when where how and after   what manner the said Robert Willowise came to his death  Proceeded to view the body.

The information on oath of Thomas Landale Esquire Physician who deposeth and saith I have examined the Body of William Willwise there is a wound on the left side between the fourth and fifth rib which appears to have been made by a sharp pointed instrument. I should suppose from its appearance by a spear like what are used by the black native people the wound is about a quarter of an inch diameter and the weapon  penetrated four inches into the cavity of the chest and would have caused instant death  there were three

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Three small wounds on the belly and two on the Back which appeared to have been created by a similar weapon the intaguments? Of the back part of the Head were very much bruised and lacerated but the skull not fractured.

Tho Landale (signed)

The information on oath of John Minian who deposeth and saith the Body was that of Robert Willowise her was a labourer in the service of Mr Archibald Thomson last Saturday morning between ten and eleven o’clock I was at the back of my master’s farm on the left Bank of the Tamar about five miles from Launceston splitting timber with Thomas Hall when Robert Willowise came there with a sledge drawn by six bullocks and took away a load of posts and went on the Road towards my master’s House about two hours afterwards Hall and I were splitting a piece of Timber there was a musket lying behind us on the But of a Tree about nine feet from us and another musket lying by the side of us when I saw a glimpse of something behind me turned round and perceived the musket had been taken

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Taken off the Butt of the tree and an Black Man about ten yards from me with a musket in his right hand and two spears and   a waddie in his left hand he was going from me with the muzzle of the piece pointed towards me there were four other black native men about thirty yards from me with spears lifted up in their hands and pointed toward Hall and I.  I heard a number of voices around us I took up the other muskets and pointed it at thee Black Man who had taken up the musket I called our to him he ran away behind the other four men and I then perceived first or sixty of the black native people who had nearly surrounded Hall and I wer got through a vacancy in the circle formed by the natives and ran towards my master’s house I did not see any spears thrown at us I did not fire at the Natives Thomas Stephenson was at the house who went with me along the cart track leading from the house to the place where we were splitting we found the sledge about a mile form where we were splitting the sledge was turned round as if going towards where we had been splitting the bullocks were standing on the side of the track the sledge was in the Track and about five yards from the heads of the Bullocks there were the prints of

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Of naked human feet in the Track as if Persons had stood in a circle we then went to the place where I and Hall had been splitting and found that a Hut in which we had lived had been plundered or four Blankets a Flock? Bed and canister containing half a pound of gunpowder and five or six pounds of Buckshot tied up in a Rug a sawset? Some Files a Flint and Steel Tinder box a Damper some Sugar and Tea two ounces of Tobacco some Tin Pots we saw the print of a naked man’s foot in the ashes near a fireplace outside the Hut. Stephenson and I returned to my Master’s Hut House  with the sledge and Bullocks Hall and I went with Constable Joseph Gray and several other prisoners on Sunday morning on the Track towards the Hut  hill we came to the place where we found the Sledge overnight we  then spread out to seek for the man who we supposed were killed after we had searched for him about two Hours Edward Williams, Mr Fields overseer sung out here the poor fellow is we went up to Williams and saw Willowise lying upon his face behind a black log on the side of a Hill there were a pair of leather trousers a Flushing waistcoat with Sleeves and a

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A pair a half Boots on the body his straw hat was lying by the side of his Body much stained with Blood on the inner side of the rim and the crown broken the Body was then in the state it now is his head was bloody and appeared t be much beaten . I found these two pieces of spears about five yards behind the Body and this piece of wood stained with Blood close to the spears the Grass between the place where we found the spears and where the body lay was bent down and the Grass mean thew spears was covered with Blood. Hall and I removed the Body to the Bank of the Tamar and put it in a Boat. Hall had charge of the Body, I never heard that Willowisehad any differences with any person. The place where we found the Body was about a mile from the sledge in the direct track from the sledge to my Master’s House and about a quarter  of a mile form the House I never before saw any of the native people in the neighborhood I never knew or heard that they had been ill used there My Gun was not primed when the natives attacked us and I had no ammunition with me One of the prints of the feet which we saw near the sledge was near an inch longer than any of the rest and broader there were two prints of this large foot some distance from each other the print of the footstep in the fireplace near

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Near the Hut was a very small one I do not know that Mr Willowise had any property nor any clothes beside those he wore except two spare shirts

His

John X William

Mark

The information on oath  of W Archibald Thomson who deposeth and Saith I do not know that Robert Willowise who was  in my service as a free labourer had any property he always appeared on good terms with his fellow servants he was a very quiet man

Arch Thomson

The information on oath of Thomas Hall who deposeth and saith I am an assigned servant to Mr Archibald Thomson on last Saturday morning about ten o’ clock I was about a mile and a quarter from my master’s house splitting timber with John Mission? When Robert Willowise came there with a sledge and six bullocks and took away a load of Posts with which he went towards my master’s House about an hour and a half or two hours after he was  gone I was splitting Timber with Mission there was a Musket in the But of a tree behind us and another musket by the side of us when John Mission took up the Musket that

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That was by the side of us and shouted I looked up and saw a Black man going from us with a musket in one hand and two spears and a waddie in the other ten or twenty yards farther away there were four or five Black men standing with spears lifted up and pointed towards us the man who was taking away the musket cried out when Mission shouted I do not know what he said he went to the other black men there appeared to be twenty or thirty other black men right round about us Mission and I ran away with nearest way to Mr Thomson’s House and about half a mile on the Cart track from the place we  were splitting and the rest of the way across the Bush we saw nothing of Willowsie the sledge or the Black native people on our way to the House Thomas Stephenson was there he went our with John Mission towards our Hut where we were splitting and returned in about two Hours with the sledge and Bullocks the sledge appeared in the same state as when it left our Hut X

X

We found it on the road about half a mile from Mr Thomsons House the Bullocks were turned towards our Hut the Sledge was in the middle of the track the Bullocks on one side of it.

I saw nothing of Willowise that night I went in search of Willowsie that night I went in search of the Black native People that night with Edward Woodward and several other persons and saw two of the Black native people about five miles from my masters House at the Big Hill farther Northward than my Master’s House they were about

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About three hundred yards from us one of them had something in his hand that looked like a musket I have seen none of the Black Natives since when Mission and I left our Hut on Saturday night there were three or four blankets, two beds, a canister of gunpowder, four pounds of buckshot, a file, some sugar, tin tobacco, two tin forks and several other articles in  the Hut and a Damper in a fireplace outside of the Hut also a cross cut saw where we were at work a hundred yards from the Hut I went to the Hut with John Minion? On Sunday morning and found that all the things I have mentioned had been taken away except one of the beds and the cross cut saw belongs to Mr Thomson as well as the musket and ammunition that was taken away one of the Blankets was mind the rest and the Bed that was taken near the Hut and Mission did not mention to me that he had seen over there were two axes lying by the saw we took them with the saw to Mr Thomson’s house then went with one of Mr Fields men Edward Williams John Misian and several other Persons in search of Robert Willowise along the cart track leading to an Hut and at the place where the sledge was

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Was found upon Saturday night – we departed and went into the Bush about twenty yards apart and after searching for two or three hours I heard Edward Williams say here he is I went to Williams and saw Robert Willowsie lying upon his face by the side on an old fallen tree on the side of a Hill his hat was   lying beside him we did not strip the body it was cold there were several spear wounds on the side and Belly and Head the Hat was bloody inside and the Crown of it broken I saw two pieces of broken spears in some persons hand when I got up I do not know in whose I conveyed the Body that day to the Hospital of Launceston the Body appears to be now in the same state as when I first saw it near the tree this spot was in a direct line from where  saw the sledge on Saturday night to my Master’s House when Misian and I ran from the Hut to my masters house on Saturday we were not within a Hundred Yards or where we found the sledge Minian did not fire at the Black native People on Saturday he had no priming in his piece not any ammunition except what

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was in the hut I saw the Prints of some naked feet near the sledge on Saturday they were Human feet one much larger than the rest it was both longer and broader I did not observe any person measure it I never saw any of the Black Native People in the neighborhood before I never heard of any of them being ill use there Willowise was a very quiet man I do not know that he ever quarrelled with any person or that any person owed him money

His

Thomas X Hall

Mark

The Jury Expressing themselves satisfied with this testimony no further witnesses called

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then –  COPY OF EARLIER DOCUMENT

Cornwall

Van Diemens Land

An inquisition Indented taken at Launceston in the County of Cornwall this Twenty Seventh day of November in the Eighth 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 Robert Willowise Labourer then and there lying dead upon the oath of messieurs Alexander Stewart, James Haughton, Henry Reed, Thomas Underwood, William Henry Evans, Newman Williatt, Theophilus Feuttrill, Thomas Prosser, Alexander Drummond, Joseph William Bell, Robert Stonehouse, and John Dell, good and lawful men of Launceston aforesaid who being sworn and charged to enquire on the past of our said Lord the King when where how and after than what manner the said Robert Willowise came to his death do say upon their oath that some black native persons to the jurors unknown not having the fear of god before his or her eyes but being moved and reduced by the instigation of the Devil on the twenty fourth day of November in the eight year of the Reign aforesaid on the morning of the said day with foresaid arms at a place about five miles from Launceston on the left Bank of the River Tamar in the Country of aforesaid in and upon the aforesaid Robert Willowise then and there being in the Peace of God and of the said Lord the King feloniously voluntarily and of his or her malice forethought made an assault and that the aforesaid Unknown person with a certain spear made of wood of the value of one penny which the said unknown

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person then and there held in his or her right hand the aforesaid Robert Willowise in and upon the left side of the said Robert Willowise between the fourth and fifth rib then and there violently and of his or her malice forethought struck and pierced and gave to the said Robert Willowise there with the spear aforesaid in and upon the aforesaid left side of the said Robert Willowise one mortal wound of the diameter of quarter of an inch and of the depth four inches of which said mortal wound the aforesaid Robert Willowise then and there instantly died and so the said unknown person there and there feloniously killed and murdered the said Robert Willowise against the peace of our said Lord the King his Crown and Dignity and the Said jurors upon their oath aforesaid further say that they verily believe the Felony and murder of aforesaid was committed by one of the black native people and that certain other of the black native people also to the jurors unknown were then and there comforting abetting and aiding the aforesaid unknown Person to do and commit the Felony and Murder aforesaid against the peace of our

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said Lord the King his Crown and Dignity.

In witness where of as well the aforesaid coroner as the jurors aforesaid have to their inquisition set their Hands and Seals the day and year and at the place first within written

PA Mulgrave (very shaky writing)

A Stewart

Thomas Underwood

James Houghton

A Drummond

Henry Reed (fancy signature)

Thomas Prosser (shaky signature)

Herman Williat

JW Bell

M Evans

Theophilus Feutrill

Robert Stonehouse (shaky)

John Dell (shaky)

24 November 1828 Inquest on Body of Robert Willowise Murdered by the Blacks near Launceston

All signatures have a little square 1 x 1 cm of paper next to their name with sealing wax? Under it – oath?

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[back page of above report)

pencil

24th November 1828

Inquest on Body of Robert Millowise

Murdered by the Blacks near Launceston

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Sept 1830 in pencil

County of Cornwall

Island of Van Diemen Land

To Wit

An inquisition indented and taken for our sovereign Lord the King at Launceston in the said island this fifteenth day of September in the eleventh year of the reign of our Sovereign Lord George the Fourth by the Grace of God of the United Kingdom of Great Britain and Island King, defender of the Faith before Williams Lyttleton Esquire one of the Coroners of our Lord the King for the said land on view of the body of George Appleyard then and there lying dead upon the oaths of Messieurs Thomas Prosser James Seagraves, John Allen, Charles Roberts, James Haughton, Terence Rowe, James Yates, John Banford?, Hendry Readding, William Parsons, Daniel Neil and William Joynes/Byens/Byrnes? Good and lawful men of the said land duly chosen and who being then and there duly sworn and charged to enquire for our said Lord the King how and after what manner the said George Appleyard came to his death, do upon their oaths say that the said George Appleyard

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Was about 3 o ‘clock on Thurson? Lanes the ninth instant on the east bank of the River Tamar violently assaulted and beaten by a party of the black native people from whom he received one mortal wound on the fore part of his head of which wound he languishing by lived until Sunday the twelfth of Sept instant when he died and so the Jurors aforesaid do say that the said George Appleyard was at the time and place aforesaid wilfully, feloniously and of malice aforethought murdered by one or more of the black native people to the jurors unknown

In witnesses whereof as well the said Coroner as the Jurors aforesaid have to this inquisition set their hands and seals on the day and year and at the place above mentioned

Signed

Thomas Prosser

James Houghton

William Lynes

John Allen

James Legraves

Henry Redding???

W Lyttleton

Wm Parsons

James Yates

Terans Rae?

Daniel o ‘Neal  X

John Banford/Barfoot/Barefoot X[ii]

Charles Roberts

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John Breeman? Sworn saith the deceased George Appleyard was employed with me and another man called Frederick on Thursday last the ninth instant and about three o’clock on that afternoon we were about thirty yards from a Hut on the east bank of the Tamar cutting wood Appleyard was  at the Hut cooking when I hear him call out I turned my head Frederick said there is the blacks and I saw several of the Black Natives people around us I saw one of them with a spear we had no arms with us they were in the Hut just as I ran to the Hut I picked up a stick and throwed it at a native who was storn? Against the Hut door it struck him he cried and twelve of his companions came from behind the Hut they had spear I  don’t think they hove any at us Fred and I ran from the Hut towards the Sawyers Hut about two miles off

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And returned with others towards our hut and saw George Appleyard lying by the River side about fifty yards from the Hut he was kneeling down on his head leaning upon his hands on the Ground he said in a faint voice is that you Freeman His head was much bruised the fore parts there were several stones near him, we took the pan ran in a boat and took him to Launceston to the Hospital I went to the Hut before I went to Launceston and found it had been robbed of two Guns some blankets and other property one of the blacks held a waddie at me as I ran from them as Frederick picked up others one of the sawyers found George Appleyard by the River Tamar near at hand and he called out

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Here he is and I went up to Appleyard it was quite impossible for any one of the men who left the Sawyer’s hut with me to have beaten Appleyard without my knowledge as we came to Launceston he said the black had beaten him when he called away I thought if not? To give the alarm that the? Blacks were at home?

HIS

John Freeman

Mark

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small page insert

Lan Hospital Launceston

13th September 1830

George Appleyard (Free) died yesterday at 40 minutes past 2 o clock PM

RM Ayton

Overseer

M Lyttleton

P Magistrate

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back of above page

blue crayon BLACKS

pencil: 15th Sept. 1830

Inquest on the body of George Appleyard murdered by the Black

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September 1831in pencil

small intro page

Inquest on the bodies of  W? BB Thomas and Mr  W? James Parker

Treacherously murdered by three aborigines

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Sept 1831 in pencil

County of Cornwall

Island of Van Diemens Land

To Wit

An inquisition indented taken for our sovereign Lord the King at Launceston in the said land on Monday the nineteenth day of September in the second year of the reign of our 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 William Lyttleton Esquire one of the coroners of our said Lord the King for the said Land in view of the bodies of Bartholemew Boyle Thomas and James Parker  then and there lying dead upon the oaths of Thomas Ritchie, Ronald William Gunn, Thomas Wilson, James Robertson, Henry Dowling, Samuel Westbrook?, Henry Ellis Robson, Adam Burridge?, Isaac Sherwin?, John Cameron, Jojhn Kyle, and Alsworth Hols Good and lawful men of the said Land duly chosen and who being then and there

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There duly sworn and charged to inquest for our said Lord the King, how and after what manner the said Bartholemew Boyle Thompson and James Parker came to their deaths, do upon their rather say that the said Bartholemew Boyle Thomas and James Parker  have been treacherously murdered by the these black Native men, now in custody called “Wowse” “Mackame”  and “Calamarowenye” aided and assisted by the residue of the tribe to which they belong, known by the name of the big river tribe, during the most friendly intercourse, and whilst savouring to carry into effect the conciliatory measures recommended by Government. In witness where as will the said? Coroner as the jurors aforesaid have to this inquisition get their hands and seals in he day and year and at this placeabove? inquisition

[nb: All Signed by the same hand]…

Thomas Ritchie

A/H Burridge

Ronald L Gunn

Henry Dowling

James Robertson

J Cameron?

Lyttleton, coroner

Thomas Willson

Samuel Westbrook

HE Robson

John Kyle

Isaac Sherwin

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COPY

George Warren

The examination of George Warren who being sworn deposeth and saith., I am a prisoner of the Crown, and a constable At George Town on Sunday morning last the sixteenth? Instant I left George Town accompanied by two native women to search for the bodies of Mr Bartholemew Boyle Thomas and Mr James Parker. I arrived at Port Sorell on Monday morning the twelfth of September I met Doctor Smith and Ensign Dunbar and told them that I had come in search of the bodies of Mr Thomas and Mr Parker and that one of the native women had told a man named Alexander Mc Kay where the bodies lay. we proceeded into the bush with the two native women and the man named McKay when we had gone about two miles, the women stopped and began to cry pointing to where we found the body of Mr Parker which was lying with his head towards the stump of a tree; he had no hat, neckcloth coat or waistcoat on and there appeared to be a wound on the back part

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Part of his head I found some spears lying near; I counted ten? Spear wounds in his body. I found a spear lying about ten yards from the body: The women cry’d during this time I asked them to shew where the other body lay, they pointed towards a place about an hundred yads from where Mr Parker lay, they would not go themselves; I went and found Mr Thomas’ body lying in some long grass, it was lying on the back, I observed a spear wound through his chest; I counted twelve wounds which appeared to have  been inflicted by native spears, I observed these/three? spear wounds in his right thigh; two of these in the right side, and one in the back – there was a considerable quantity of blood about the body from the appearance of the bodies I concluded they had been lying there about a fortnight parts of Mr Thomas neck destroyed by vermin I observed several worms in the eyes I found several notes lying by side of his pocket: – I found this pises [sic] of paper with? The bodies and returned to Port Sorrell the

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Native women appeared very sulky. Told Dr Smith that I had found the bodies of Mr Thomas and Mr Parker; he went back with me to the spot where the bodies lay. I told him that we had not touched the bodies; the native women told me that Mr Parker and Mr Thomas had come with two native men to her tribe In the Bush, about a mile from where he bodies lay. She told me that the stout man, meaning Mr Parker, Was  carrying his gun under his arm accompanied by the other man meaning Mr Thomas when one of her tribe snatched the Gun from Mr Parker and ran away with it. That Mr Thomas ran away; she said that one of the native men then speared Mr Parker in the back she said the natives men ran after Mr Thomas and overtook and knocked him down and speared him this conversation was interpreted by a native woman would has been civilised when we went to the bodies of Mr Smith desired me

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to open their shirts to look at them we covered the bodies up and the next morning a cart was sent and brought them to Port Sorrell and they were taken from there to George Town in a boat. The native woman said that a man name “Tum” speared Mr Parker he is in the Gaol at George Town, and that he helped to kill them both, before we found the bodies the native woman described to us the exact position in which they lay. I found this piece of shirt cloth lying about twenty yards from Mr Thomas’ body. It appeared to be torn from the coat which he had on.

Signed George Hassan

his X mark

Sworn before me this fifteenth of Sept 1831

Signed

W Lyttleton

coroner

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Thomas Carter 31st August

The examination of Thomas Carter ; who being sworn deposeth and saith. I am an assigned servant to Captain Thomas on Wednesday fortnight I went to Port Sorrell with Captain Thomas he then left us and went to a place called North Down Brush?  I remained with three others in charge of the boat. On Thursday morning Mr Thomas returned with Mr Parker/his overseer/ they were both on horseback. Mr Thomas rode up to the Boat and asked me if I had seen the natives. I told him that I had, that I had got two in the bush. Before Captain Thomas came between tent and eleven o clock I was standing by the hut baking  some damper I saw two native men coming towards the hut. As soon as they saw me they cried out “Breadly” I cut some bread off and gave them, they came into the hut and I gave them some tea. About half an hour after this Captain Thomas  came accompanied by M Parker. Captain Thomas then asked me

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if I had seen the natives , I told him I had got two in the tent, he then got off his horse and came into the hut, and asked the native if there were any more of them. They held up both their hands and said there were a great many more, he asked them if they would show him where they were, they signify??? first that they would, he was then going away with them, but Mr Parker told him that he had better not go by himself. Mr Thomas said “Oh yes” that he would go by himself. Mr parker then followed him, carrying his gun under his arm.  Mr Thomas had no arms, about two hours after the two native men returned without Captain Thomas and Mr Parker. A Man named McKay went up to them and shook hands with them, and two women who returned with them, and we gave them some tobacco and flour   shortly after another woman came, up to a cart  which were taking to North Down beach we

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we drove on the sand and returned the natives after us. Before we left the place where Captain Thomas went after the natives we cooeyed for him several times, but heard no answer, and we concluded that they had lost themselves; after the last woman came up to the cart another native man came and we r????? him  on; about a quarter of the mile before we came to North Down Beach one of the natives got away from us, the rest went with us to North Down Beach/ My late masters farm/ We then aksed them, for the first time what they had done with the two white men, they said that they “tableteed”/ ran away/ from them. The next morning Mrs Parker wife to the late Mr Parker, sent out a party in search of Captain Thomas and her husband, the party, after being about two days and a night returned without having heard any thing, when we left the boat we took Mr Thomas’ and Mr Parkers’ wives?  home? It was on Sunday that I went to Port Sorrell with Capt Thomas and it was on Wednesday fortnight that Mr Thomas went after the natives.

Signed Thomas Carter

His X Mark

sworn before me this 25th Sept 1831

Signed W Lyttleton

coroner

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Surgeon John Smith

The examination of Doctor John Smith who being sworn deposeth and saith – I am assistant colonial surgeon at George Town. Last Sunday the eighteenth instant W Charles Freestone, chief constable at George Town, returned from Port Sorrell where he had been in search of Captn Thomas and W Parker who were missing and supposed to have been murdered by the natives. I was requested to go to port Sorrell to see Mrs parker wife of  Wm Parker who was missing. I left George Town on Friday morning the ninth instant accompanied by Ensign Dundas we arrived at Port Sorrell about two o clock pm. We there found Mr Jocelyn Thomas jnr and Capt Moriarty on the beach. They told us that they had not succeeded in finding Mr Thomas and Mr Parker they said that they were waiting for a man named Alexander McKay and a native

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woman who were expected from Westbury. We proceeded to  Captn. Thomas farm at North Down Beach on the next morning, Saturday, Mc Kay and the native woman arrived we then all proceeded top Port Sorrell in track of Mr Thomas and Mr Parker we could not find them we returned to North Down Beach, with the exception of McKay and the native woman who went to George Town to fetch another native woman from George Town. I remained at Port Sorrell until Monday morning when a short was fired from the opposite side of the first western river a boat was sent, and brought back Constable Wassen?, Alexander McKay and two native women. McKay told me that one of the native women had told him where the bodies of Captain Thomas and Mr Parker were. I told him he had better go with the women he went accompanied by Wassen and the two native women he returned in about one hour and told me he had seen the bodies. I went back with them

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as also a man named Jones, we went about a mile or  a mile and a quarter from the creek at Port Sorrell in the direction of North Down Beach but to the left of the road, the spot where we found the bodies was about four miles from North Down Beach. The two native women went direst to a body which I immediately recognised as that of Mr Parker, he was lying on his back with a hat or coat. I found on the breast five or six spear wounds, one was on the left side within two inches of the heart. I am of opinion that any one of these wounds would have caused death. I had the body turned over and examined his back. I observed six spear wounds in the back and an extensive fracture on the right side of the head, apparently from the blow of a stick. The woman went about fifty or sixty yards to the westward of where Mr parker lay, we there found another body which I recognised as that of Captain Thomas I told

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the man to take off his shirt and examined the body. I found one spear wound very near the heart, and three others on the right side, one of which had apparently bled profusely as the shirt on the right side was covered with blood. I found another spear wound under the clavacle, I had the body turned over and found five spear wounds which had penetrated very deep into the chest and the back. The upper part of the rest? of the body was eaten away by ?sithersa? crows or cats. Shortly after I left North Down Beach in search of the bodies I was visited? by a party of soldiers and a Constable who were present when I examined the bodies; as it was too late to remove the bodies I directed the men to cover then with boughs to prevent the crows doing them any more injury. I sent a party to North Down Beach to get two Coffins; I returned to Port Sorrell and

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the following morning the man according to my directions brought the bodies to the boat at Port Sorrell. I had them bought to George Town, and from there to Launceston, I was present when they Jury went to view the bodies this morning, they use the same? that I found at Port Sorrell

Signed John Smith

Sworn before me this 15th Sept 1831

Signed WM Lyttleton

Coroner

The further examination of Thomas Carter who on his oath deposeth and saith two of the native men now produced called “Wowee” and “Calarmarowenye” were the men who came to the tent and went away with Captain Thomas and Mr Parker the day that they went into the Bush and never returned?

Signed Thomas Carter his X mark

Sworn before me this nineteenth day of Sept 1831 Lyttleton

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Alexander McKay

The examination of Alexander MacKay who on his oath deposeth and saith as follows: On Saturday week the tenth of September I left Port Sorrell by order of ? Jocelyn Thomas Junior and Captain Moriarty for George Town to request of some natives who were in jail what they had done with Mr Thomas and Mr parker. I heard from these women that their husbands killed two white men, whose bodies would be found near Port Sorrell, they told us that one of their bodies was partly under a tree and the other was a little farther off. I let George Town on Sunday and got to Port Sorrell on Monday morning, and went into the bush in search of the bodies of Capt Thomas and Mr Parker. A black native woman name “Sall” and another native woman whose name I do not know but knows her personally together with a constable from George Town accompanied me and we proceeded about two miles in the bush, in the direction in which the women directed, we found the body of a man

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lying near the stump of a tree, he was lying partly on his back, a little on his side he had no hat, coat or waistcoat on. I saw a wound near the throat, I did not examine the body further. I preceeded about a hundred yards farther in the direction pointed out by the native woman, I have alluded to, and found another body lying on its back. I picked up part of a native spear near the body, which was broken. I did not examine the body. I afterwards found another spear lying near the body, which I was told was Captain Thomas. I then returned to Doctor Smith, at Port Sorrell and went back with him to the bodies, which he examined. On the road in sesarch of the bodies the native woman beforementioned discussed to me the situation in which the bodies lay. She told us that two native men went down to the boat at Port Sorrell that the two men that were killed returned into the bush with them, where they were joined by the rest of their tribe. She said one of the men had a Double Barrelled Gun

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she said it was a “louend” a gun that would shoot huist?? , that one of the native men named “Wowee: seized the gun by the lock and twisted him round – that at the same time another man struck him with a waddie on the head, that he fell, and then the smallest of the white men run off, that some of the natives pursued him, while the others killed the man who was knocked down. The natives who pursued this man that fled, speared him as he run, she said that they killed them both that they had plenty of spears, and ran them into their bodies, she said that whilst this transaction was going on the woman attempted to stop it, that the men would not ??? stopt, that they would killed them, that three? of the women in consequence of this left the tribe, and went to the cart, accompanied by four native men – that these four native men

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were concerned in the murders and that they threw some of the spears. She told me that the man who first struck the man carrying the gun; had gone in the Bush. She said that one of the men who went to the cart left, first making an appointment with the others where they could meet them to make their escape, she said that they had been afterwards secured and went to George Town in a boat. After the bodies were found I left Doctor Smith at Port Sorrell where the bodies were and went to the river Mersey and from there across the Country of Swan Astor?? The situation in which I found the bodies corresponded exactly with the description of their position previously given by the native women, she further told me that

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the man who took the gun from the white man who was killed, threw it into the bushes. Part of the information which I have stated here was interpreted by the native woman “Sall”. She said there were seven men and six women when the murder took place.

Signed Alex McKay

 

Sworn before me this ninteenth day of September 1831

Signed Lyttleton coroner

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An Aboriginal female

The examination of a native woman called “Nongans Pete”, Alexander McKay being duly sworn as an Interpreter. I was present when two white men were killed. One of the white men had a Gun which he carried under his arm as discussed one of the natives snatched the gun from the white man it was witness? of the native men now present who snatched the  gun he is gone into the Bush as also the man who struck the white man on the head. These men now present did not see the murder. The two men now produced named “Wowee” and “Mackame” were the two natives who first brought the white men to the tribe

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they were present when the gun was snatched away from the white man. They were present when the white man secured the first blow on the forehead. They were present when the white man who ran away was speared. While the white men were being speared the men now present  sat down on the ground. This waddie is one with which the white men were struck on the head. The two native women  present tried to stop the white men being killed the native men who assisted in this murder of the white men were called “Punupuna”, “Israbana”. “Morgusons”  and  “ounsann”

Sworn before me this nineteeth September 1831

Signed Lyttleton

coroner

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We find that Bartholemew Boyle Thomas and James Parker have been treacherously murdered by the three male natives now in custody aided and assisted by the residue of the tribe to which they belonged known by the name of the Big River Tribe, during the most friendly intercourse whilst endeavouring to carry into effect the conciliatory measures recommended by Government.

Thos Ritchie

A Mannings?

Ronald Gunn

Henry Dowling

James Robertson

? Cameron

Alex Wales

Samuel Westbrook

H Robson

Isaac Sherwin

John Kyles?

Thomas Miller

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in pencil

Gregson and Paton to fight a duel

1828

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Hobart 11th Aug 1828

Dear Sir

I trust you will not delay sending me a written statement of the circumstances connected with Mr Gregson action against you:-

It if reported at present that the court will proceed to Launceston in the beginning of September – and the civil will be tried before the criminal cases. This is against us.

Although I have applied repeatedly. I have not received any definite answer as to the intentions of the other party respecting the trial of the case.

I remain

Yours sincerely

Robert Pitcairn

William Paton Esq

Norfolk Plains

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Dennistoun?

28 July 1828

I do hereby declare that on the evening of Friday the 25th instant Mr Gregson  at my most earnest solicitation in the presence of Mrs Gregson agreed to refer the dispute between himself and Dr Paton to our arbitrators and he nominated for his own side James Cox Esq JP and Myself  Patrick Wood

Addressed to Dr Paton

Norfolk Plains

[postmarked] Hobart Town

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Hobart

22 August 1828

Dear Sir

In reply to your favour of 18th inst. it is with much satisfaction that I find you are likely to bring this troublesome matter to a conclusions. But there is one circumstance which makes me extremely uneasy. The case stands for trial on Friday, and Mr Jennings the opposite attorney has received no notice whatever from Mr Gregson that he is to ??dealy??

On the contrary, he had sent his subpower by this post. I however confide so  strongly in what you state in your letter that I shall certainly not go to the expense of subpoenaing Messrs Hudspeth Franks – Harrisson &c

But I do trust that there is no mistake.. If we are to go to trial without witnesses, the result of course is likely to be unpleasant – perhaps the best thing you can do, if there should be any doubt is to

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get some one to communicate with Mr Gregson and let him send forthwith to Mr Jennings desire him to put off the trial. If it be not ???off, you must if possible come to town before Friday that we may if we can get the trial put off.

Yours sincerely

Robert Pitcairn

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Addressed to

William Paton esq

Belmont Cottage

Norfolk Plains

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Hobart

29 April 1828

Dear Sir

After all the case against you is to go to trial. The Attorney General has refused to give up the criminal prosecution against Mr Gregson and he and the Professional gentlemen employed on his behalf are therefore of opinion that the civil  action must also be tried: – the witnesses for the plaintiff have almost all come to town and we offered to go to trial to’day but they refused. I think it will be tried at Laucneston on Monday the 22nd Sept:-

Yours in haste

Robert Pitcairn

To William Paton

Esq

Norfolk Plains

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undated [Dec? 1828?]

In the Supreme Court

Between Thomas George Gregson Plaintiff and

William Paton defendant

Thomas George Gregson of Jericho in Van Diemen’s land Esquire the above named Plaintiff maketh oath and saith that he hath been informed and very believes that the above named Defendant sometime in or about the month of October last spoke and uttered certain and slanderous words of and concerning the Defendant in his character of a Magistrate of the colony to the purport and effect following that is to say “That Mr Gregson had been requested by Mr Gage to attend an investigation respecting the robbery of W Anstey’s  sheep of which a Mr Owen of Bagdad was in part accused that W Gregson neglected to attend the two first appointments made by Mr Gage but did attend on a third occasion where a court was held at Ransoms and that during the trial an evident bias in favor of Owen was perceptible on the part of W Gregson – after the proceedings were closed Mr Gregson proposed to have tea and that Mrs Owen should make it for  him. Mrs Ransom require to enter the room in which Mrs Owen and Mr Gregson were taking tea but before she entered she looked through the key hole and observed Mr Gregson with his arm round Mrs Owens neck. they were sitting on the sofa a short time afterwards Mr Gregson intimated that as it was a dark night he intended to remain

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at Ransom’s Inn all night upon which Mrs Ransom observed that she had known Mr Gregson ride home in much darker nights. Mr Gregson however was determined to remain and further informed Mrs Ransom it would only be requisite to provide one bed as Mrs Ovens and himself intended to sleep together- Mrs Ransom objected to this arrangement saying that she would not convert her house into a bawdy house and that Mrs Owens should quit the house Mrs Owens did so accordingly upon which Mr Gregson also left the inn and it was supposed had passed the night with Mrs Owens in the Bush. That W Gregson had induced Mrs Owens to quit the country for England in order that Mrs Owens might not be brought against him in evidence. And this deponent further saith that the charges so made against the character of this Deponent as such magistrate as aforesaid are wholly untrue and for which words his action is brought.

Thomas G Gregson  [signed}

Sworn by

By the county

M Kennedy

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Gregson c paton

(copy)

Affadavit of TG Gregory

also

affadavit of

JO Gage

C MacNally

A Harrisson

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The supreme court of Van Diemen’s Land

Gregson vs Paton

The King on the Prosecution of Paton for assault against Gregson

The Same for provoking to fight  a duel against Same

We the undersigned attornies for the respective two parties above mentioned do hereby respectively agree as follows

That no further proceedings shall be taken in the first mentioned action but that all matters in dispute between the parties therein shall be left to the opinion and judgement of William Effingham Lawrence of Launceston Esquire III and William Prichard Weston of Norfolk Plains Esq who shall duly determine what is fit and proper to be done in the matter and in whose discretion shall be left the question of costs as to whom and ho and in what manner the same /if any/ shall be paid, and also what /if any/ explanation shall be given by the defendant touching the words alledged to have been spoken by hin and that if the said William Effingham Lawrence and William Prichard Weston cannot afree then that they shall be at liberty to appoint one Gentleman to determine concerning the mattes aforesaid whose decision shall be equally binding.

That counsel shall be instructed to move at the next sitting of the criminal court that the above information may be quashed and that no further proceedings shall be taken thereon.

Henry Jennings

Attorney for W Gregson

Robert Pitcairn

Attorney for Dr Paton

Hobart Town

17th Dec 1828

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[back of above page]

We hereby appoint William Lyttleton of the Lake River Esquire as umpire in the matter within referred

WB Lawrence

W Weston

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[back of page]

Gregson v Paton

Agreement for compromise

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The examination of David gray esq

sworn before PA Mulgrave esq JP 29 Jan 1829

has been sworn before PA Mulgrave Esq this day

Remembers being at Dr Paton’s house on Norfolk Plains about Oct or Nov 1827 when a conversation took place relating to Mr Gregson.

Just before dinner while reading a newspaper Dr parton addressed me. The paper marked B and signed my me at some time in the year 1828 contains a true account of what passed in that conversation and in addition to the particulars contained in that paper I remember that Dr Paton said that it had come to the Governments ears, and that he was Determined to enquire into ti. The manner  in which Dr Patron related the story impressed me with the idea that it was true.

The newspaper alluded to contained an address to the Lt Governor about the liberty of the press. The address was signed by several persons amongst whom was some magistrates to whose names a star was affixed. Dr Paton said some of those dotted gentlemen will be struck off

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or may look out or something of that kind. I do not exactly recollect and then proceeded to sat, have you heard the news about Gregson?

By struck off, I mean struck off the list of Magistrates, and from Dr Paton’s immediate mention of Mr Gregson, I took him to be the person alluded to.

I did not understand from what Dr Paton said, that Mr Greson was to be struck off the list of Magistrates for having signed the address, but in consequence of the act imputed in the story told me by Dr Paton.

He did not name any person as author of the story.

The report did decidedly injure Mr Gregson in my estimation as a Magistrate.

I mentioned the story to Mr Joseph Archer knowing that Mr Archer entertained a particular friendship with Mr Gregson and conceiving that such friendship was misplaced.

I did not consider the communication of the story by Dr Paton confidential because there was a third person present, and nothing was said to signify that it was intended to be confidential.

Mr Rowcroft was the third person present. I did not know Mr Gregson at the time

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I was not so particularly acquainted with Dr Paton as that he should tell me a confidential story without stating that it was to be so considered.

I had now wish to cause  breach between Dr Paton and Mr Gregson at this time I mentioned the story to Mr Jos Archers and I had no animosity towards D Paton.

I am perfectly sure that Dr Paton said that there was an evident bias on the part of Mac Gregor in favour of Owen upon the trial or enquiry before the magistrates.

I am sure Dr Paton said that when Mrs Owen had been turned out of Ransom’s Inn, Mr Gregson left eh house with her, and was supposed to have spent the night with her in the Bush.

When it was said by Dr Paton that Mr Gregson was induced Mrs Owen to leave the country in order that Mrs Owen might not be brought against him in evidence, I understand it to refer to an enquiry into the matter by the Government

David Grey [signature]

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[back of page]

Deposition of David Grey

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The examination of Joseph Archer esq sworn before PA Mulgrave Esq 29 Sept 1829

Has been sworn before PA Mulgrave Esq

I was present upon the occasion of the dispute between Messrs Gregson and Paton which has been the cause of the actions between them.  On our way to Launceston through Norfolk Plains we called on W Lyttleton and there met Dr Paton. The paper which I never hend?  in is a selection of what took place, but after  Dr Paton had stated that he had the story from authority. Dr Paton then said as it is a question of character and character is it etc  I have no hesitation in saying that W  Hardwicke told it me on the high way. Mr Gregson then said and upon such authority you have declared? to attempt to take away my character and to wound the feelings of another individual. He added you are a foul columnicating scoundrel and a liar and immediately he lifted a small stick towards & c. Paton decried that he would consider that he should be at my house for three days. Then Dr Paton

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as Mr Gregson was going away, struck him  two or three times  with a horsewhip across the neck. I then affected a ?????  between the parties. Dr Paton proposed firstly cuffs and for the remainder of the affray I beg to refer to the papers I have handed in.

Having been sworn before Wm Macguire?

I make this statement as the truth

Joseph Archer

Mr Gregson decided that would would not go near Dr  Paton’s on the day of which the offences took place, and the meeting I swear was purely accidental.

My Gray in stating the story to me said he was sorry to have heard from Dr Paton such an account about Mr Gregson and added that Dr Paton said the Governor was going to take serious notice of it. He gave one no particular caution about a?????ing with Mr Gregson. Mr Gray stated the story as if he believed it to be true.

The above is true

J Archer

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[B] in brackets in ink

Mr David Gray, states that about ??? of November last  he called at Dr Paton’s house ….following conversation took place. Mr Gray “what is it?”  DP “a fine story about Gregson  Dr P then proceeded to state, as follows, very short, Mr Gregson has? summons? requested by Mrs ???? to attend an investigation into the robbery of Mr Anstey’s sheep, of which was ????? at Bagdad was in part ?????? – that in person neglected to attend the two first appointments moved by ? Gage, but did attend on the third occasion, when Court was at Mrs Ransom’s and that during the final ??? evidence ???? in farm of Owen was perceptibly? on the part of Gregson. After the proceedings were closed Mr Gregson proposed to have tea and that Mrs Owen should make it for him Mrs Ransom required to enter the room in which Mrs Owen to be Gregson were taking tea but before she entered she look’s thru’ the keyhole and observed Mr G with his   arm around Mrs Owens neck, they were sitting

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on the sofa, a short time afterwards Mr G intimated that as it was a dark night he intended to remain at Ransom’s Inn all night, upon which Mrs R observed that  he had

knowingly? rode home in much darker nights, Mr G however was determined to remain, and for then? informed Mrs R it would only be required to provide one bed, as Mrs Owen and he intended to sleep together – Mrs R to this arrangement remarking, that she would not  convert her house into a Bawdy House and insisted that Mrs Owen should quit her house. Inst and accordingly, upon which Mr G also left the Inn, and it was supposed he had passed the night with Mrs Owen in the Bush. Paton farther stated that Mr Gregson had induced Mrs Owens to quit the country for England in order that Mrs Owens might not be brought against him in evidence.

From Dr Paton’s manner inferring ????the statement

In the Supreme Court

of

Van Diemen’s Land

Gregson vs Paton

The King on the Prosecution of Paton for assault against Gregson

The Same for provoking to fight  a duel against Same

David W Gray – William Archer – Joseph Archer to be sworn to give evidence before the arbitrators to whom the above case are referred.

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[back of previous page]

These are to certify that William Archer and Dd Gray Esq have been sworn to give evidence in the cases stated on the reverse, also Joseph Archer Esqs.

PA Mulgrave (very shaky writing)

29 Jan 1829

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on mentioning it to Mr Joseph Archer in matter of fact

the foregoing statement is what I made to Mr Joseph Archer and afterwards to Mr Gregson and it is true

David Gray

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[back of page]

Gregson  vs Paton   ] instruction

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Woolmers ?          10 Nov 28

Dear Sir/

If you feel disposed to settler the matter of dispute between yourself and Mr Gregson by a reference to two individuals and drop all further proceeding at law I am authorised by Mr Gregson to act in his behalf

I am ????? will Oblige

Your obed Servt

James Cox

To Dr Paton

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Joseph Archer states

Mr David Grey was at my house sometime in the latter end of the year 1827. He related to me what he has since stated in writing respecting the communication made to him by Dr Paton affecting Mr Gregson’s character.

Mr Gray mentioned the matter to me as a fact and in such a way that is excited in my mind a vast deal of mischief, and I mentioned to Mr Gray a desire to be allowed to communicate the substance of what he had told me to Mr Gregson, to which he readily acceded, adding that he thought it but fair that Mr Gregson should be made acquainted with a report so much to his prejudice. In consequence I wrote to Mr Gregson expressing a wish to see him, but without saying for what purpose. Mr Gregson came to my house in utter ignorance, as far as I know, of the circumstances and under I believe  an impression that I wanted to see him about an unsettled amount between him and the house of Champion and co, concerning which, I had more than once written

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to Mr Gregson. I related to Mr Gregson what I had heard to his prejudice and Mr Gray met Mr Gregson at my house and confirmed what I had stated. Mr Gregson said that he should require an explanation of Dr paton and would request me to wait upon him.

The arrangement was made for seeing Dr Paton. Mr Gregson informed me that he had received a letter from Butler the Solicitor about his aut? with Champion &c and purposed to go to Launceston with him to see Champion and hastion? and get the matter settled. He went to town by the way of Norfolk Plains and called at Lyttleton’s to see a picture.

We met Dr Paton there – the meeting was altogether accidental I shook hands with Dr Paton. there was no recognition of Mr Gregson. Dr Paton was about to ride away when Mr Gregson said “I would speak with you Sir”. The parties walked from M Lyttletons house about one hundred Yards, and

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I accompanied them, to instep? and explanation and not an act of violence. Mr Gregson told Dr Paton what Mr Grey had said. Dr Paton positively denied ever having stated that, which was attributed to him by Mr grey, but after a good deal of hesitation admitted that he had and said as it was a questions in which character was at stake he felt no hesitation in saying he had it from “authority”!   his manner when he said “from authority” led me to believe that he wished Mr Gregson to infer the meaning of that word as he used it to be the same as it is generally understood to imply in this Colony  Mr Gregson committed no act to induce the brutal attack of Dr Paton. it was ferocious and decidedly malicious. He proposed fisticuffs.  Mr Gregson declined and offered him satisfaction returning to some distance. Mr Paton broke form me. I was holding him and if Mr Gregson had not warded off his blows he (Paton would have beaten him to the ground. Paton’s continued saying if you are for fisticuffs I will give you enough of them. Mr Gregson said with indignation fisticuffs

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you cowardly scoundrel, I will give you the satisfaction of a gentleman which you are not. The blows on Paton’s face were inflicted by Gregson’s hand – heused only one hand, and had a glove asugling? in the other. Towards the conclusion of this fray Mr Gregson was stooping down to pick up a glove and Dr Paton took that opportunity to attack him and struck him very violently on the back and shoulders  with his riding whip. Dr Paton said that he would kick Gregson and attempted to do so very unfairly I thought with a new to do Mr Gregson a mortal injury. I never use pistols, I never carry them. Mr Gregson never mentioned either pistol or pistols. I prevented Mr Gregson going to Mr Smith to complain of the assault and Battery committed by Dr Paton. Dr Paton offered no apology nor did he say “I am sorry unintentionally to have originated a report in which I did not believe, I repreat it as a joke and am ready to state so & to make any amends in my power” On the contrary he seemed determined to have it out, My father refused to shake hands with Mr Gregson in my home and told me that it was in consequence of what Dr Paton had told him…

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[jan 1829 in pencil]

The solicitors of the undersigned having on our behalf and with our sanction entered into an agreement / having their signatures and dated 17 Dec last/ for a reference of all matters in dispute between us, to Mr Lawrence and Mr Weston with power to those gentlemen to name an umpire. We have thought it proper to confirm the show arrangement by the following explication declarations under our own hands in order that no misunderstanding as to our intentions may here after arise upon the subject.

The whole matter in dispute between us, in the civil action and criminal proceedings, is referred to the opinion and judgement of Messres Lawrence and Weston who have full power to decide what shall be done by one or either of us the on to the other.

If they cannot agree, the whole matter then is to go before W Lyttleton as the Umpire appointed by them, with the

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like power.

The said arbitrators or    Umpires as the case may be/ have power to award what explanation /if any/ shall be given by one or both of us the one to the other, in respect of the matter so referred,  on any part of that matter.

The said arbitrators or    Umpires as the case may be have power also to award as to costs, and to whom and how the same (if any/shall be paid. We declare and engage that the award of the said arbitrations or umprie 9as the case may be) shall be binding and conclusion upon us. and we pledge ourselves fully and in all respects to perform it

witness

Henry Jennings   Thos GW Gregson Jan 6 1828

witness

Alfred Stephen  William Paton

jan 6th 1829

Copy – correct verification

W Weston

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The examination of William Archer esq

after being sworn before PA Mulgrave Esq

29 Jan 1829

Has been sworn before PA Mulgrave Esq

About the latter end of the year 1827 I heard Dr Paton relate at the house of Mr Thomas Archer  something to the following affect that Mr Gregson had been discovered my Mrs Ransom or somebody who had told her of it, I am uncertain which, taking great liberties with the person of Mrs Owen and that Mrs Ransom had turned them both out of doors telling them that she would not have her house made a bawdy house by them. To confirm the impression of Mr Gregson’s partiality for Mrs Owen, Dr Paton related a story about some sheep which Owen was suspected of being improperly possessed of. He said that Mr Gregson had appointed to be present on the bench to investigate the matter and that he did not appear at the time that he had appointed.

Dr Paton related the story as a thing he had beard and I believe he mentioned this name of the party  from whom he had heard it, I do not remember.

Dr Paton appeared to believe the story and I believed it to be true.

It was a matter made up in my mind immediately that I would never have anything to say to Mr Gregson again, until the matter was cleared up. I concluded that some investigation must necessarily taken place. I met Mr Gregson once or twice afterwards and declined intercourse with him. Till then I have never passed through Jericho without calling on Mr Gregson, afterwards I did not.

This story was related by Dr Paton, before any meeting had taken place between Mr Gregson and Dr Paton relative to the propagation of a similar report.

I know that the story related by Dr Paton produced a very strong affect on the minds of Mr Thomas Archer and Mr W archer to the prejudice of Mr Gregson

W Archer

I further state that Dr paton did not relate the story about Mr Gregson as a joke. He appeared to believe it and well all believed it.

W Archer.

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copy

house name unreadable andmore?

20 April 1829

Gent

Having been furnished with the uniload? doument? relative to the case of arbitration Gregson & Paton whichever? it appears the arbitration have come to the determination  of calling on me for my opinion as their umpire. I request that the subject of reference may be submitted by the arbitrator’s in writing in order that I may if necessary be enabled to furnish my opinion in the same favor.

I have the honour to be

& c &c

WE Lawrence

JP  L Lyttleton

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Mr Peter Harrison states – about eighteen months ago I remember to have accompanied Mr Gregson to Green Ponds to Ransom’s Inn. Mr Gage was there and he and Mr Gregson heard a charge which was preferred  by Owen’s servant of Bagdad against McMahon for selling spirits by retail. The case was heard in the left had room as you enter Ransom’s House and occupied the greater part of the day. There were several persons present on the occasion. After the business of the day was over, dinner was served up in the same room, and I sat down to dinner with Mr Gregson, Mr Gage, Mr Whitefield and Mr Espie. After dinner and during the greater part of the evening I was in the room on the right in which was Mrs Owen and several other persons. There are only two sitting rooms in Ransom’s House, in one, or other of these I constantly was, but the greater part of the time I was in the room upon the right and Mr Gregson was in the room upon the left. Both rooms were publick persons constantly going out and in of both. Mr Gregson and Mr gage came into the room on the right and remained for a short time. Mr Gage and Mrs Owen had some high words about some magisterial matter, and I recollect Mrs Owen’s telling him that, he did not understand his duty that he could do  nothing without the Book the dispute excited a good deal of merriment and

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I remember Mr Gregson’s laughing and going away to the other room. Mr Gregson and I had arranged to ride home together, which we did. I rode from Ransom’s door to within a few hundred yards of Mr Gregson’s house with him. I saw Mrs Owen leave Ransom’s in a cart. To my certain knowledge she was not turned out of Ransom’s Inn – she could not be alone in either of the rooms with Mr Gregson – nor did she go into the Bush with him – The whole story about Mr Gregson and Mrs Owen is false/best of my knowledge, believe, I heard it long long ago as a joke, I mentioned it as such to Mr Gregson who laughed heartily and this is all I know about he matter.

Jericho

13 April 1828

Peter Harrison (signed)

Sworn before me at Jericho this 20th of April 1829

R  orm? JP

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with reference to the existing difference between Dr Paton and Mr Gregson and the causes and circumstances from which it arose I have been requested to speak as to my impression of the manner and seeing intent with which the story to Mr Gregson’s prejudice was at the time narrated by Dr Paton without hesitation therefore my most decided impression is that the narration proceeded from an incident purely casual and accidentak, and was detailed simply as a Report of the day, and without intentional malice towards Mr Gregson.

I would observe that had the story been told, in any other manner than as a Report, I should not have forgotten the particular circumstances which caused its detail

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Nor have allowed the particulars of the story itself to have escaped my memory. it was in December 1827. Mr David Grey was present.

Horace Rowcroft

The above sworn, by way of affadavit, before me this 18 April 1828

Josiah Spode JP

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The Beach

Dear Sir

Enclosed I s??? you the statement made to Mr Grey of a conversation that took place between him and Dr Paton  as you wish me to state what I remember of the circumstances alluded to – some time since I met you at Mrs Ransom’s where we held a court and tried some case for illegally ????? spirits the case mentioned in the statement of Mr Anstey’s sheep took place at my office at the ??? Beach at which no other magistrate was present. After the ???? of the day was over I dined in company with you and usual others – I remained there that night and remember your leaving Ransom’s with Mr Harrison about 11 o clock. Mrs Owen was there but I am certain she did not take tea with you, or could you have been in her company in the room alluded to, it being the one which we held the court and in which we afterwards dined.

I cannot speak as to any conversation that

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took place between yourself and Mrs Ransom – but as to the other particulars detailed in Dr paton’s statement I have no hesitation in stating it false in every particular

I am dear sir

your servt?

John Oxley? Gage(signed)

TG Gregson Esq (signed)

I John Oxley Gage do wear that this the statement here before made is correct

Old? Beach

John Oxley? Gage(signed)

Sworn before me

this 28th day of August 1829

Thos Lascelles PM

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Dear Sir

Agreeable to your wish I have made another statement before Mr Anstey for you, which I hope after you have made the use of it you wish that you will take care it does not get into Mr Gregson’s possession for him to hand about as he has done the one he wrote out for me to sign, in doing what I have I think I have done no more thanb my duty between man to man a line from you when the discion is giving will much oblige,

Dr Sir

Your m O

W Harrison

Jericho’Aug 29 / 29

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I remember being in company with Mr David Grey  sometime in the month of March last and upon remarking to him that it was a sad thing he should have caused Dr Paton so much trouble by repeating to Mr Joseph Archer what had been said by Dr Paton at his house relative to Mr Gregson he replied “it was” and that he never thought it would go any farther – that he took it merely as the news of the day, that he never said or did anything in the colony he had regretted so much, he disclaimed – having any notion whatever for telling it  never thought it would go any further or cause any disturbance or have any effect upon any of the partys  in any way whatever he merely told it as a joke.

to the above words or words to that effect I am willing if called upon to make affidavit

Norfolk Plains

Henry Clayton

29 August 1829

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Launceston

1st Sept. 1829

In the month of February 1828 I called at M Lyttleton’s of Norfolk Plains while there I hear W Lyttleton told that some body or other was “there” meaning I suppose outside and coming to the house.

My horse was outside, tied to the paling, and lest he should be disturbed by other horse or horses, I  got up and followed M Lyttleton to the door – W Lyttleton had gone out – when I got to where my horse was tied I found Mr Joseph Archer and W Gregson there and W.Lyttleton giving and receiving the usual courtesies between friendly parties when they meet. Mr Joseph Archer and I recognised each other and moving towards his horse while I also advanced to meet him, he shook hands with me. I looked towardsMr Gregson, but I saw at once that there would be no recognition or courtesies between him and me and we did not speak to each other. W Lyttleton asked as all to alk in, but I declined saying “I wish to get home” and I unded my horse and mounting him proceeded towards M Lyttleton’s gate. M Gregson who had by this time dismounted, followed me up closely – and said to me in a sharp way, in a tone augering a disagreeable scene and holding up and moving towards me a stick which he held in his hand “I want to speak with you Sir” or “I have something to say to you Sir” I said “What have you got to day to me?” he said “Come this way and I’II tell you” pointing towards the back of M Lyttleton’s premises. I said “is it reusing? can I not hear what you have got to say here?” he said he “Wished I would go out there” meaning to the outside of a fence to which he pointed X added “You had better dismount, are you afraid?” I said “it was the first time I had been asked such a question”.

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and instantly dismounted and Joseph Archer had now joined M Gregson and had hold of his arms. They continued walking onwards. I recalled?  Mr Joseph Archer to be speaking to Mr Gregson in an earnest manner, and M Gregson seemed to put off his Mr Archer’s remarks by ?? motioning his head which is indication of “Oh I know what I’m about” I then asked “Pray how far are you intending going – is this to be a private conversation – you are aware I have got no friend here as a witness”?

Mr Gregson replied “My friend Mr Joseph Archer will be present on my account if he might say  “at my request” for I am rather deaf/ and would “I wish to be out of hearing of W Lyttleton’s premises adding “you know Doctor you are rather deaf” He reached the end of the fence reaching what is now Mr Lyttleton’s back gate way, Mr Joseph Archer all the while accompanying and speaking to Mr Gregson – he  and Mr Gregson stop’t and said addressing me “I have reason to believe you are a vile calumnicator” :”That is strong language sir” I said “and I expect you will at once explain it” Mr Gregson said “Well sir, I have learnt that you told a gentleman dining at your house a story about me and Mrs Owens to the following effect”, and he them repeated the story which is that charged against me as libellous. When he had done I said “Well, Sir, I did tell such a story at my table, I did it considering it a matter of notoriety. I told it as it was told to me – I have added nothing to it. Mr Gregson said “it was apposs? calumny” I said “Do you apply that observation to me?” he replied “I believed you Sir to have been actuated by the worst of motives” and I said “I do not mean to give you an account sir, or be accountable to you for my motives / or words to this effect/ I

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I told it at my private table and considered I had good authority for the story – Mr Gregson / and also Mr Joseph Archer/ instantly caught at the word authority – and said “what authority?” I remarked my informant did not tell it to me at a private table, or as a servant, but on  the public way – he was an authority I supposed would not invent it – Mr Gregson asked again/ and also Joseph Archer by his manner did the same/ who was your authority – under an impression I do not recollect how it arose, that Mr Gregson was desirous of tracing the story to its course, I said Mr Hardwick was my author. Mr Gregson then said, with considerable gesticulation “That’s your authority is it”? or “that fellow’s your authority is he?” and upon such authority as that you want to malign me / or injure me/ I was preparing to rebut this observation as to Mr Hardwicke when W Joseph Archer stepped in between Mr Gregson and me, and MR Gregson made a strike at me with his stick over Mr Jos Archer’s shoulder with these words “you are a vile, cowardly, calumnicator” the stroke of the stick was given before I was aware??? as it was? when I  could not see any preparatory movement Mr Joseph Archer being between us and with his back towards me – it hit me on the right cheek – it also touched my hat in its descent – I called it at the Police Office a ‘blow’ – it was more “sharp hit – a smart stroke” Mr Gregson stept back a yard or so and I followed him p, I felt indignant at the blow and the language, and laid my horsewhip as sharply as I could over his shoulders Mr Gregson kept striking at me with his stick – he grasped at my whip and the head of it coming off in my hand he succeeded in wrenching it from me. He continued to hit me with shi stick. I did not ???? but warded off his strokes with my hand. Mr Joseph Archer

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interfered telling Mr Gregson to desist – Mr Gregson did desist – he continued to incense me however by the most virulent language and violent gestures – calling me “low Scotchman” “big Scotchman” and the like – and put his first forwards several times – grinning and saying “if it was not for this gentleman I’d break every bone in your body I said “I did not understand that polite way of settling disputes” “I wish I did and as you’re for fisticuffs I would give you them” Mr Gregson then said repeatedly “Let me at him Archer, let me at him” “He is like all the other Scotch vagabonds” Mr Archer who had been hitherto between us said “whoever strikes first must strike me” and then stept away several yards calling to some one “come here and help me to keep these two gentlemen parted” Mr Gregson at this instant gave me a slap in the mouth with the back of his hand, saying, “resent? that” and retired? in a pugilistic attitude. I let go my horse which I had hitherto held by the bridle, and followed him up, more resolved to avenge the blow, than capable of defending myself from a person I knew to be acquainted with the science of boxing. I made several blows at him – one of them hit him above the left shoulder – he staggered and fell back wards – I stopt, saying, “I will take no advantage of you – and turned about, muttering I believe sir and provd? then you despicaally  incation? he was soon close to me, calling outm “But go away let us have another go at it – or another round – you fight be round do you, said I, adding no sir, don’t  attempt to

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lift your hand to me or I’II knock you down I want to have nothing more to with you adding ‘if it is any encouragement to you I beg to tell you  you are the first person calling himself a Gentleman I ever lifted my hand to sire in my life’ Mr Joseph Archer was then holding my horse and not interfering he now said “Gregson, Gregson, behave yourself – behave like a gentleman’ and turning to me he said “you had better go away” I said “I want not – for I would not give that mans bad tongue the opportunity of saying I took advantage of my horse and ran away’ I was then looking for the head of my whip – Mr J Archer pressed me to go away, when he found I would not he took Mr Gregson’s arm and led by, by snatches, to a little distance – Mr Gregson was using the most abusive language – it was really vile – and exhibiting great gesticulation of hand and body – I stood a few yards from him – Mr Archer was a few years farther off inviting Mr Gregson to go with him. Mr Gregson loitered behind saying with much distortion and dramatic manner of face and attitude ‘get me a pistol Archer and I’II shoot the fellow’ This I considered said for affect or intimidation and I said “ha ha it’s a fine thing to talk or pistols now – its ridiculous to talk of pistols him” Mr Archer now succeeded in getting him  away.

I forgot to mention that when Mr Gregson spoke of the story about Mrs Owen and had repeated it – he said “wasn’t that it Archer?” and turning to me “The gentleman who had told him had offered to come over that day and “Swear to it”. I said “there was as aussity? for I did not deny it” Such is what occurs to me at this distant period relative to this disagreeable unfortunate fracas.

W Paton

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Thomas Boye Gregson states  – on the 16th of February last year I left home in consequence of a letter I received from Mr Butler concerning a claim made upon me by the trustees of Champion & co.

I had no object in view of leaving home than to see Champion and Charlton who were both in Launceston.

My account with the House of Champion & co was of long standing, and involved many matters capable of explanation vz Mr Joseph Archer, who, had frequently pressed upon me the receipt of a settlement & from whom I received a letter about the same time I got Mr Butlers, saying that he had ‘cogent reasons for wishing to see me” and as he had frequently urged me to cross the County to arrange my business with Campion & co I thought the letter from which I made the quotation had reference to that subject.

I reached Pansanger on the 17th Mr Archer was from home I remained at his house and on the 18th he returned on the evening of the same day he related to me the particulars set forth in Mr Gray’s statement marker B. I merely expressed my indignation at the recital of the atrocious calumny. I made no arrangement for seeing Dr Paton.

On the 19 I mentioned to Mr Archer the circumstance of my having had

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a letter from Mr Butler about Champions account. Mr Archer immediately proposed riding into Launceston with me to get the matter arranged with Champion & Charlton.

On our way to Launceston we called at Mr Lyttleton’s and there accidentally met with Dr Paton. Dr Paton and Mr Archer shook hands. Dr Paton then went toward a horse that was fastened to some pailing without recognising me in any way although he had been previously well acquainted. As Dr Paton was about the mount his horse I requested to speak with him, and feeling that is would be necessary to state fully what I had heard, I walked away from Mr Lyttleton’s house , lest the recital of the indecent story, might reach the ear of any of its inmates. I had no other view in asking Dr Paton to walk a little way from the house. After getting out of hearing, I related as nearly as I could the statement contained in the paper marked B.  I did so without passion and called upon Dr Paton, to explain when he in the first place positively denied ever having said what was attributed to him, and persisted in the denial until I told him that I could prove he had said so.

Secondly, he admitted

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that he had mentioned, what in the first place he positively denied, but added that it was at his private table, Thirdly  he admitted having mentioned it on other occasions besides at his private table, there >????? what he had reported in the second place. Fourthly he declared that he had not mentioned it as a mere report but that he had done so upon authority. Upon my insisting that he should give up his authority he said “well then if I must tell you I had it from Mr Hardwick when riding along the road”. Iortated? by these discrepancies I told Dr Paton that he was a “Liar and a slanderer” and to consider himself horse whipped and was in the act of walking away when Mr Patonn commenced a violent attach upon me and struck me several times with a horse whip  across the shoulder. He challenged me to “fisticuffs” – I said fisticuffs  you low  fellow, I meant to treat you as a gentleman which you don’t deserve – He broke away from Mr Archer who, was endeavouring to hold him and struck at me until he was nearly exhausted – when stooping for my glove, he struck me several times with his whip and attempted either three or four times to kick me when off my guard,  and in a situation, where had his foot  taken affect the injury  must

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have been serious. I was dissuaded from making complaint of the outrage by Mr Joseph Archer I should have gone to Mr Smith but ??? him

Thomas George Gregson

Sworn before me

August the 28 th 1829

Thomas Lascelles

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“Mr Gage and Mr Gregson were at the Royal Oak Inn on Magisterial Business one day when Mrs Owen of Swan Inn was here – the only day she … ?  was here – between 11 – 12 o clock at night. I was sitting in company with Mr Harrison, Jun, Keeper at Jericho and Mrs Owen. Mr Harrison remarked that he wished he could get Mr Gregson to come home, meaning as I understood to Jericho. Mrs Owen immediately observed that Mr Gregson was not going home that night, and he betted five shillings that he would not go home. Its done said she – and Mr Harrison immediately got up and walked into the room where Mr Gregson was – I do not know what passed but he instantly returned and paid the 5 shillings to Mrs Owen saying I have lost it – she took the money and gave me four shillings for him to her own servants. Very soon after I went up stairs – Mr Gregson followed me up and into the bedroom where I was and asked me where Mrs Owen was to sleep – I asked him, what is that to you? he said 0 but tell me for I want to know. Well if you want to know, said I,  she sleeps with me – Let me know said he – for I have her permission – indeed said I, but you don’t sleep here with her I assure you. I would not allow such a thing in my house for the best fifty pounds you can had for I am above it – and if I caught you and her at any things improper in my house I would have pitched you both down stairs – with that I left the room and came down stairs. Mr Ransom who is now dead remarked on my coming into the room that I paid Mrs Owen who was sitting there no attention – I had better give her a little wine – and I exclaimed in her hearing curse? such women they are a disgrace to their sex – she instantly rose ordered her cart and went out – I saw Mr Gregson stand beside the cart as she left in the cart. When Mr Harrison laid the wagon with Mrs Owen, he said that he had no other business but to see Mr Gregson home as Mrs Gregson expected to be confined any hour.

My distinct impression was that Mr Gregson was in earnest in his proposal.

Sworn before me by way of affidavit this 20th day of August 1829

H Simpson

CC Mc Nally”

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The examination of Christiana McNally who states

I live at the Royal Oak Public House Green Ponds

I remember Mr Gage and Mr Gregson meeting there about some Magisterial Business.

Mrs Owen was present on the occasion. I never saw Mrs Owen and Mr Gregson alone in any room in my house.

I never saw Mr Gregson with his arm around Mrs Owen nor did I ever see him use the slightest freedom with her.

I never turned Mrs Owen out of my house.

Mr Gregson and Mrs Owen never met at my house but on the occasion I speak of.

Mr Gregson and Mrs Owen never had tea together at my house nor any other refreshment whatever.

Christiana McNally

Sworn before me this 2nd January

1829

Blue? Horne  JP

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In the Supreme Court Van Diemen’s Land

Gregson vs Paton

The king and prosecution of Paton on assault against Gregson

The same for provoking to fight a duel against same

Charles Brown Hardwicke to be sworn to give evidence before the arbitrators to whom the above cases are referred

GB Hardwicke (signed)

Sworn before me the 1st Sept 1829

James Gordon CSC  (signed)

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The examination of Mr Charles Brown Hardwicke after being sworn before James Gordon Esq 1 Sept 1829

Has been sworn before Has Gordon  esq. Recollects that a story similar to that related by Dr Paton to Mr Gray which has been ready to him was in general circulation at some time before December 1827. I was told the story as being on in general circulation. It was related to me by persons of similar rank in society with Mr Gregson It was stated to me by those persons, but particularly by one of them that it was know to other persons of the same standing in society. It was not mentioned as being considered a secret. it was told me by person whom I considered unlikely to have invented it or to have added to ti. I told what I had heard to Dr Paton. I never stated to Dr Paton that Mr Gregson had used any influence to get Mrs Owen our of the Country. In other respects what I told Dr Paton is much the same as what I have heard read. I came here to give this evidence at the request of Dr Paton. I did not relate the story to Dr Paton as a secret. It was told by me when walking with Dr Paton ion the public way. Dr Paton did not express any gratification at hearing it. I have an impressions that Dr Paton and I both agreed that is was not likely Mr Gregson would commit himself in that way. The subject was immediately dropped and other matters conversed upon. I have now a perfect recollection that we both agreed that it was not likely.

GB Hardwicke.

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The examination of Mr CB Hardwicke continued at the desire of Dr Paton.

I am aware of the disagreeable interview which took place between Dr Paton and Mr Gregson. I was told by Mr Weston a few days after, that Dr Paton had mentioned me as his authority. [3 lines crossed out heavily] I was confident that Dr Paton had mentioned me as his authority. Dr Paton never denied having done so. I do not recollect having any particular impression on my mind with respect to the reception I might meet with Mr Gregson when I should again meet him or see him. I havemet Mr Gregson several times since. The first time I met Mr Gregson afterwards was at the meeting of the Turf Club at Ross Bridge which took place on the 10th April or early in April. When I saw Mr Gregson on that occasion we mutually advanced and shook hands. The usual questions of courtesy occurred. I saw Mr Gregson frequently during the Races. I have an impression on my mind that we were left together some few minutes in the Club Room, yes I am sure we were. Either at this time or some other during the Races Mr Gregson asked me to retire into a room for that he wanted to speak to me. I went in. I do not recollect whether Mr Gregson said any thing to me relative to the affair which had taken place between him and Dr Paton. He did not.

I do not recollect having had any conversation with Mr Gregson on the subject during the Races. I have met Mr Gregson twice and I believe three times since the races. On one of these

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occasions I met Mr Gregson on the road when I was going to Hobart Town and I introduced a conversation with him on the subject of what had occurred between him and Dr Paton, but I am not quite certain. The conversation might have occurred at Hobart Town when I also met him. I think Mr Gregson spoke as if he knew I admitted being the authority given by Dr Paton but I am uncertain and I might have admitted it first myself but he appeared fully aware that I was the author. He did not call me to any account for being the author. We met and parted on the usual terms of courtesy between gentlemen. From Mr Gregson’s manner and the conversation which passed between us I did not doubt but that he was friendly disposed towards me. He did not express any resentment or irritation at my having told Dr Paton this story.

Upon being asked whether Mr Gregson gave any reason for having resentment or irritation towards Dr Paton – answer declined.

Mr Gregson never at any interview expressed resentment or irritation towards me since the occurrence took place between him and Dr Paton. I am not aware that any alteration in the feelings or treatment towards me of Mr Gregson or his friends has taken place in consequence of me having been the authority for what is imputed to have been said by Dr Paton. Mr Gregson has not either orally or by writing expressed any resentment towards me.

G.B. Hardwicke

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Peter Harrisson of Bath parish  in the District of Oatlands Inn holder upon his oath saith.

In the month of October 1826 I accompanied Mr Gregson to Ransom’s Inn at Green Ponds, where he and Mr Gage another Magistrate were engaged in hearing a case of sly grog selling. There were very many people at Ransom’s Inn and among them the wife of George Owen who then kept a public house at the foot of constitution Hill. When the justice business was  over I dined with Mssrs Gregson, Gage, Whitefield, Espie and one or two more. I remained there until nearly midnight.

In the course of the evening I sat sometimes smoking cigars with Mr Gregson, and the rest, in the left had room, and at other tines with Mrs Ransom and Mrs Owen in the right hand room. I was not continually in the company  of either Mr Gregson or Mrs Owen. Between nine and ten o clock I became very

p150

impatient to go home, and I stated my wish to Mrs Owen and the others who sat with me in the room .- Mrs Owen offered to bet me 5 shillings that Mr Gregson would not go with me. Before either ten or eleven o clock I forget which I accepted the bet and lost it, for Mr Gregson did not leave Ransom’s until the hour named by Mrs Owen was past. – Mr Gregson was then in the adjoining room. I went to him then and importuned him to go with me. – He said he would go when he had finished the cigar he was then smoking.

He remained there about two hours after he had so promised to go home. When I had lost the Bet I paid Mrs Owen the 5/-. She then offered me another bet of 5/- that Mr Gregson would not go home that night.-  This second bet I won for Mr Gregson left the House with me as I have stated about, or a little before midnight.- We reached Jericho about 2 O clock in the morning, having rode at a very rapid rate.- Mrs Owen left Ransom’s a little time before Mr Gregson and I mounted our Horses

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some time afterwards Mrs Ransom told me that on the night in question Mr Gregson had spoken to her in private upon the stairs and expressed his intention to sleep there that night with Mrs Owen, and that she (Mrs Ransom) had indignantly refused to comply with his request. – I told Mrs Ransom that Mr Gregson must have been joking. She replied that she knew quite the contrary for that he was in earnest in making the proposition.

I afterwards heard the same story from different gentlemen who said it had been mentioned to them by Mrs Ransom. – I mentioned these things to Mr Gregson, at my House, in the presence of Dr Hudspeth and I think, Mr Bryant. Mr Gregson laughed heartily.

On or about the 13th April 1828 Mr Gregson passed the afternoon and evening at my House smoking cigars. – About ten o clock at night he drew from his pocket a paper   which he asked me to read and sign. It purported to be a relation of what took place at Ransom’s between him and Mrs Owen. I instantly signed the paper and returned it to Mr Gregson, who soon afterwards left my house – I never saw the paper before he then produced it to me. Dr Hudspeth was present when

p152

I signed it. In signing the paper I thought I had stated that I saw nothing improper between Mr Gregson and Mrs Owen on the day in question nor that I had cause to suspect anything improper between them.

But I never said, or meant to say, that MrGregson and Mrs Owen had not to my own certain knowledge any private conversation or intercourse together. They had opportunity. They might have been together on the day and night in question while I went twice or three times to Ransom’s stable.

Three or four months ago as near as I can guess Mr Horne of Chiswick and Mr Gregson came to my Inn.  One of them produced the paper which I had signed in April 1828.- Mr Horne asked me if the signature thereto was my hand writing, and if the facts therein  stated were correct. I said that one part of it bore as I thought a double construction and must be allowed namely the part where I was supposed to say, positively that the whole story about Mr Gregson and Mrs Owen was false. I said I did not and could not know it to be false.

Mr Horne then made the alteration I proposed, and I swore to the truth of the contents before W Horne. I came here to made this deposition at the insistence and request of Dr Paton of Norfolk Plains from whom I received on Wednesday last the letter now produced.

Sworn before me at Anstey Barton  this 29th Day of August 1829

Thos Anstey

Peter Harrisson (signed)

p153

I am of opinion that Dr Paton  was blameable  in repeating to others the story which he had heard and prejudicial to the character of Mr Gregson and that by so doing he became liable to an action for defamation with all its consequences – I also consider that Mr Gregson in assaulting Dr Paton inflicted an inquiry upon him equal to that which he had himself sustained from Dr Paton. I would therefore decide and do hereby account it as my opinion that Mr Gregson should in withdrawing his action for defamation bear all the expenses incurred thereon up to the period of this arbitration and that Dr Paton in withdrawing

p154

his action for assault bear all the expenses incurred thereon up to the same period and that the expenses of the arbitration should be equally divided between the two parties.

W Weston

The question of pecuniary damages, and consequently of injury to that class of interests which are susceptible of pecuniary compensation not having been submitted to us, I am of opinion, that, as it is impossible accurately to compute the quantity of mental suffering sustained or inflicted on the one part by the libel, and on the other by the assault, it is fair to consider that the parties – had nothing further ensued – had similarly and incurred and inflicted an equality of suffering, But as Dr Paton, by proceeding at law against

p155

Mr Gregson for the assault, gave occasion to the counter proceedings of Mr Gregson for the libel, the libel was the wrong committed by Dr Paton and the assault the wrong committed by Mr Gregson, I am further of the opinion that the costs and expenses incurred in the action for libel should be borne by Dr Paton, and the costs and expenses incurred in the actions for assault and provocation to fight should  be borne by Mr Gregson,, and that the expenses of the arbitration should be defrayed by both, each paying one half.

WB Laurence

In consequence of the difference of opinion between us in the matter of Gregson v Paton and Paton v Gregson , referred to our arbitration, we agree to submit the decisions upon the whole case to the umpire WH Lyttleton Esq

Launceston 8 Dec 1829

WB Laurence

W Weston

p156

Arbitration between Mssrs Gregson and Paton

The Arbitration in the above case having already decided that the contending parties have each sustained “an equal degree of injury” and “equality of suffering” and merely differ as to the division of the expenses, and costs, of the several actions committed by the parties, against each other.

I do hereby as Umpire in the above case, award adjudge, and determine, that the whole of the expenses, charges, costs, of every description relating to this matter , shall be equally defrayed  and borne, by Mssrs Gregson and Paton

p157

share and share alike and that all further proceedings in the above matter shall cease.

W Lyttleton

Umpire

Launceston

1 June 1830

p158

Copy of the arbitration award

I am of opinion that Dr Paton  was blameable  in repeating to others the story which he had heard and prejudicial to the character of Mr Gregson and that by so doing he became liable to an action for defamation with all its consequences – I also consider that Mr Gregson in assaulting Dr Paton inflicted an inquiry upon him equal to that which he had himself sustained from Dr Paton. I would therefore decide and do hereby account it as my opinion that Mr Gregson should in withdrawing his action for defamation bear all the expenses incurred thereon up to the period of this arbitration and that Dr Paton in withdrawing his action for assault bear all the expenses incurred thereon up to the same period and that the expenses of the arbitration should be equally divided between the two parties.

Signed WP Weston

COPY

The question of pecuniary damages, and consequently of injury to that class of interests which are susceptible of pecuniary compensation

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not having been submitted to us, I am of opinion, that, as it is impossible accurately to compute the quantity of mental suffering sustained or inflicted on the one part by the libel, and on the other by the assault, it is fair to consider that the parties – had nothing further ensued – had similarly and incurred and inflicted an equality of suffering, But as Dr Paton, by proceeding at law against  Mr Gregson for the assault, gave occasion to the counter proceedings of Mr Gregson for the libel, the libel was the wrong committed by Dr Paton and the assault the wrong committed by Mr Gregson, I am further of the opinion that the costs and expenses incurred in the action for libel should be borne by Dr Paton, and the costs and expenses incurred in the actions for assault and provocation to fight should  be borne by Mr Gregson,, and that the expenses of the arbitration should be defrayed by both, each paying one half.

Signed  WE Lawrence

In consequence of the difference of opinion between us in the matter of Gregson v Paton and Paton v Gregson , referred to our arbitration, we agree to submit the decisions upon the whole case to the umpire WH Lyttleton Esq

Launceston 8 Dec 1829

WB Laurence

W Weston

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Gregson vs Paton for words spoken

The King on the Prosecution of Paton for assault against Gregson

The Same for provoking to fight  a duel against Same

Minutes of proceedings of the Arbitrators to whom the above cases are referred

At a meeting at White’s Hotel Launceston 27 Jan 1829 – Discuss in relation to the evidence to be taken, when I was determined to take the opinion of JM Gleadow upon the point. Adjourned till tomorrow at 10am. to allow Dr Paton till tomorrow morning at 10 am to make up his mind. The parties were informed that their respective statements were incomplete and they were required to complete them. At a meeting at White’s Hotel 28 Jany 1829.

Discussion relative to evidence continued when it was determined to take the opinion of JW Gleadow upon the point. Adjounred till tomorrow at 10am.

At a meeting at White’s Hotel 29 Jany 1829.

Discussion relative to evidence continued. The examinations in chief of Mr Wm Archers and Mr David Gray were taken. The discussion as to Documentary evidence being received and the consent of both parties not appearing to be

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obtainable, it was determined to call in the Umpire and the parties were required to attend with their respective cases and evidence complete on Monday 30th March next.

W Weston

WB Lawrence

The meeting of the arbitrators approved for Monday the 30th March, having been referred for the couremine? of the parties, the arbitrators met at White’s Hotel Launceston on Thursday the 6 May.

The discussion respecting evidence having been resumed, and the opinion of the Umpire taken, at the request of Mr Weston, as to whether affadavits should or should not be received in evidence, the umpire determined that if personal evidence can be procured it would be more desirable, but that the parties are disposed to offer, shall be laid before the arbitrators, and it will then remain for hem to determine what shall be received and what shall be rejected.

Resolved. W Lyttleton  (signed)

that the above decision be communicated to the parties, and that it be intimated to them, that the arbitrators  cannot with convenience to themselves name, at present, a day for their future meaning. That we soon as possible with convenience to the arbitrators, a day shall be

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appointed and communicated to the parties, on which day, so to be named, the parties are required to produce before the Arbitrators all the evidence whether personal or written which they may wish to offer, and  also their respective statements of their case in writing, freed from the irrelevant matter objected to by the arbitrators and pointed out to the parties at the former meeting

WB Lawrence

W Weston

Monday 31 August having been appointed and ??? notice given to the parties conformably to the minutes of the last meeting, the arbitrators and  umpire met accordingly.

 

Mr Gregson having been prevented by illness from attending personally committed his statement and documentary evidence. Dr Paton appeared and having first intimated a wish for further time which was refused and withdrawn proceeded to state that he had been desired by some of the persons show affidavits or statements he proposed submitting to require a request an understanding that secrecy with respect to the said affidavits or statements should be presumed by the arbitrators and umpires. In the course of the discussion which ensured, it came out that some of those papers contained or were supposed to contain libellous matter likely to lead to further litigation and ill will. Mr Lawrence objected to giving any such pledge and upon further giving any explanation, declared his determination not to become acquainted at all with the contents of papers admitted to be of so dangerous a nature, but to decline all further proceedings in the matter of the arbitration.

 

WB Lawrence

W Weston

W Lyttleton

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Arbitration

between

Messrs Gregson and Paton

The Arbitrators in the above case, having already decided that the contending parties have each sustained “an equal degree of injury” and “equality of suffering” and merely differ, as to the division of the expenses and costs, of the several actions incurred by the parties against each other.

I do hereby as Umpire in the above case, award, adjudge, and determine, the the whole of the expenses, charges, and costs, of ever description whatsoever, relating to this matter, shall be equally defrayed and borne, by mssrs Gregson and Patonmm shall and

WE Lawrence

WP Weston

Esq

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and share alike, and that all further proceedings in the above matter, shall cease.

W Lyttleton

Launceston

1 June 1830

END OF BOUND VOLUME 4


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