Echoes of Bushranging Days in Van Diemens Land: Brady, McCabe, Perry, Geffreys and Britton
1826
Manuscript 3251. box 2 – vol 2 1826. Collection of the National Library of Australia.
TRANSCRIPT:
inside cover erased name:
L ______ s
Launceston
1926
who had these Volumes and had bound them pre Ferguson’s 1930 acquisition from Ridge’s antique shop in Launceston?
p1
The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith four or five days before I was apprehended by Mr Leith’s servants Barrett and Spong I was near Clayton’s old Hut about a mile from Saltmarsh’s Hut at the back of Norfolk Plains between eleven and twelve o clock in the forenoon when I was hailed by a strange man who asked me who I was, he had a double barrelled Piece in his hand and immediately he spoke to me I jumped behind a tree and said I am a stock keeper he replied ground your arms, I had a musket in my hand but no pistol I said I am a Bushranger and if you do not ground your arms I will blow your brains out, he did not ground his arms, I fired at him he returned my fire, I loaded again and fired at him a second time and he immediately fell, I reloaded my musket and went to him, he was lying on his back he wore a straw hat, green cloth trowsers, a checked shirt, and ankle shoes, he had a strip of a black silk handkerchief round his hat, he had neither powder not shot
p2
about him, he had no jacket waistcoat or neck handkerchief he had only one pocket in his trowser there was nothing in it but some pieces of waste papers, when I fired at him my Gun was loaded with two Balls I wounded him in the Belly, he was taller and stouter than Mr McKinnon, his hair was about the colour of Mr Sinclairs he had whiskers about the same colour as his hair they were not very large – the place where I shot him was about four hundred yards from the Bridge over the creek between Clayton’s Old Run and Mr Archer’s Run and below the Bridge, I dragged his body ten or twelve yards towards the creek where there was near a cart load of old dead wood which I threw upon the man I had shot and set fire to it he had a black and white Dog and a red and white one with him, I coaxed these dogs to me they were little cur dogs I tied a stone round the neck of each of them and drowned them in the creek near the fire which was close to the creek I stopped a few minutes until the fire was well lighted, I took nothing from his person, but burnt his straw hat with the rest of his clothes and the Body I should have taken his shoes
p3
but they were too small for me, there was some high bladed grass where I made the fire, I examined the man’s double barrelled Gun both Barrells were unloaded I tied some brown paper round the lock with an old black silk Handkerchief and hid the Gun in an hollow fallen tree that laid about fifty yards from the Creek and three hundred yards above the Bridge on the same side as Clayton’s Hut; about an hour and a half after I had shot the Man I went to Saltmarsh’s Hut there was nobody there but a woman and child, I told her I wanted sugar and ammunition she said she could not give me any I must take it, I took about a quarter of a pound of Tea, three or four pounds of sugar and half a pound of Gunpowder, I ate some bread and butter and drank some tea and smoked my pipe in the Hut where I remained about an hour, there was no man in the Hut whilst I was there, I formerly lived with Mr Thomas Whyte of Norfolk Plains. I did not tell the woman I had lived with dandy Whyte, I slept in the forest that night about five miles from the Hut the next night about fourteen miles from the place near the Penny Royal
p4
Creek the following night I slept near James Hortle’s Hut, the next night at the Western River about three miles above Mr Leith’s remained there all that day and the next night and was taken about nine o clock the following morning by Spong and Barrett and was taken by them to Launceston and lodged in Gaol.
I never saw William Haywood until I saw him in Launceston Gaol.
[nothing further on this page – go to p146 for another copy of this statement]
p5
The examination of Robert Peet who saith, I am a convict and assigned to Mr Wedge the Deputy Surveyor on Tuesday night the 15th of March his tent was pitched near Arthur’s Lake, I was returning towards it with Mr Wedge about sundown, Mr Wedge was about twenty yards before me, two men came up to him from the tent, one of them, who I have since learned was named Brady had a double Barrelled Gun in his Hand, and two pistols in a Belt round his body, one of them was Mr Wedge’s, it was in the tent when I left it in the morning, the other man /called McCabe/ had a musket in his hand which also was in the tent that morning, he had likewise a double barrelled pistol in a strap round his body; he took Mr Wedge’s watch out of his pocket, Mr Wedge asked him for the seal, which he said was a keepsake, McCabe then said your
p6
Brother is a good man, and returned the watch to him, Brady then tied my hands behind me, George King a servant of Mr Wedge’s was in a smaller tent near Mr Wedge’s tent, he called to me to untie his hands, mc Cabe said “you bloody rogue I will blow your head off if you do not be quiet” there? were two Guns broke and lying at the back of Mr Wedge’s tent, Brady said after stopping about half an hour that I must go with them and carry their knapsack; Brady told me to look at a star and travel in that direction, after we had gone a short distance from Mr Wedge’s, Brady took me in a different path up a steep hill where they found a knapsack containing tea and sugar, there was also a musket and a rifle, there were two shirts, an iron pot, and some pannikins, all Mr Wedge’s, in the knapsack, there was a Bag of flour upon the top of the knapsack, Brady had on a pair of Drab Reneignance? Trowsers and a black silk
p7
handkerchief Mr Wedge’s property. MCabe had a Black cloth jacket, a pair of kerseymere trowsers a spotted waistcoat a black silk handkerchief and a black silk handkerchief also Mr Wedge’s these things the men had upon their persons when they went up to Mr Wedge; they would not let me see the place from whence they fetched the knapsack, they said there was a quantity of Mr Wedge’s clothes planted in the place from whence they brought it and its contents, Brady had a spyglass which I saw the next morning, all the articles I have mentioned were in Mr Wedge’s tent on Tuesday morning when I left it, they took one dog from the tent which went away from them the same night, they stopped that night within a mile of the tent they made me sleep between them, on Wednesday morning they set off at daylight, making me carry the knapsack, Brady carried the flour and hid the musket and rifle near
p8
where we slept (they said they had a quantity of Captain Clark’s and Captain Lackets? property hid in a Marsh close to Arthur’s Lakes) they steered the whole of that day by the sun, and did not top till dark, when they made a fire by a creek near a stock yard which I believe is Captain Ritchie’s, towards night we came through a long plain, they said they had a Horse in the Bottom of it, which they stole from Mr Kemp; on Thursday they travelled about ten miles, and stopped at three o clock in the afternoon, the next night we got to a large river which we forded, and stopped near it till Saturday morning, that night we came to another Large River, we slept on its Bank, and crossed it the next morning, it rained on Sunday, and they did not travel more than three or four miles, we saw several men at a distance they travelled about fifteen miles on Monday and stopped by a creek on Tuesday we went about six miles, on Wednesday about nine miles
p9
on Thursday about ten miles, that night we saw the sea to the northwards, from a high hill, on Friday we got upon a hill from whence we saw George Town, on Saturday morning we came to a large arm of a River, where we saw a Hut and some Guns? close to it, up to this time they had travelled in a Northerly direction they there altered their course passed the Hut and went along the River same distance from its Banks, they said that they were looking out for the FAME in which they meant to go to Macquarie Harbour and get ten? men whom they knew, we got to Mr Gildas’s about four o clock that afternoon, Mr Gildas and his man were shearing sheep in the sheep yard a man named Capper Crofts was the first we fell in with, Brady tied his hands behind him, then went up to the sheep yard, called out Mr Gildas’s servant and tied his hands, he then called to
p10
Mr Gildas, who said he would not be hid, Brady presented and cocked his piece, Mr Gildas then submitted to him his hands tied behind him; Mr Gildas said it was a great shame they should rob poor people, he had been robbed enough; they ordered Mr Gildas and the other two men into the House, untied his servants hands, and obliged him to get some dinner cooked; it was fried pork, tea and damper; half an hour after Brady untied Capper’s hands, and in about two hours I observed that Mr Gildas’s hands were swelling, I told Brady it was a shame to keep them tied, he said silence! or I will tie your hands, three quarters of an hour afterwards, Brady ordered me to untie Mr Gildas’s hands (Brady had a Gould watch in his pocket which he said he took from Captain Lacket) about ten o clock that night
p11
Capper went to bed in a loft over the Room where we were, Mr Gildas and his man went and slept in a place part from where we were, we were in the skilling and slept on the floor near the fire, Brady and McCabe made me sleep between them as usual, neither of them kept watch that night, the next morning we breakfasted there, Mr Gildas did not breakfast with us; about two o clock that day Brady said he saw a Boat coming down the River, he looked at it with Mr Wedge’s spyglass, he then took the knapsack made me take the bag of flour and with McCabe went up the hill at the back of the House and stopped about 70 yards from it, I saw two soldiers get out of the Boat, there were nine men in the Boat, they remained there three or four hours, during which time Capper and Mr Gildas’s Government man Dan, who said he
p12
was a shipmate of Brady’s came to us twice called Brady on one side each time, and whispered to him, I overheard Capper on one of the things tell Brady that there were two soldiers, Serjeant Kerwin and a private, and a Constable in the Boat, that the FAME would come down the River on Monday with a woman named Emma in it, on Saturday Brady found Gildas’s fowling piece and took the cask (Cap?/cork?) off it , and put it in a tea cup, this Gun and the cork were left in Gildas’s House when we went up the Hill on Sunday to avoid the Soldiers; after the soldiers had gone away, McCabe and Brady proposed going back to Gildas’s. Capper and Dan who came to tell us the soldiers were gone, said that they would be seen, and get them into trouble, Brady and I then made a fire, we remained there until eleven o clock the next morning, Capper and Dan came to us about sunrise, they went kangaroo hunting, and brought us
p13
one, which we cooked with some pork that Brady took from Gildas, McCabe took an Iron Pot away with him, Capper ate some of the Kangaroo, Brady did not order Gildas’s man to fetch his a kangaroo, neither did McCabe; we got to Bushman’s hut about sundown on Monday night, there were two men at the door, these men went into the Hut, Mc Cabe pushed against the door of the Hut, which was put to, with his piece, cocked it and said he would fire it they did not open it, it was then opened, John Basham and another man named Joseph Hands/Hindes? were in it, Brady ordered them to get some supper ready, they cooked some mutton, and made some tea, we all slept in the hut that night, McCabe and Brady laid with their feet against the door, we remained there all day on Tuesday, and Wednesday, on Thursday morning soon after day light some one knocked at the Hut door, Brady and McCabe were then lying on the ground with their feet against the door, I was in bed
p14
with Basham and Hindes, when I heard the knock at the door some one outside said “Who is here, John Basham?” either Brady or Basham replied “Nobody but ourselves” Hindes immediately jumped against the door and said for God’s sake let me get out, I cried out I am a pressed man. (fn[i] )
Brady and McCabe were standing with their piece pointed to the door, Hindes got out of the door; as Hindes was going out of the door a person outside fired into the Hut. Basham and I got out of the Hut, as soon as I got out of the Hut I saw three soldiers one of them named John Butts ran after John Basham and wounded him with his bayonet, another soldier named Samuel Brooks? cried out that is John Basham, Butts said “Oh dear I am sorry” McCabe had fired at that time, only two shot had thin? McCabe fired about a minute afterwards. I ran up to the corporal and told him I was a pressed man. He and Brooks attempted to fire their pieces into the Hut three or four times, they missed fire, one of the soldiers bash? in the window of the Hut fastenings to fire into the Hut, his piece snapped, the Corporal presented and snapped his piece at me twice before
p15
I could get up to him; after Butts had wounded Basham the soldiers got behind trees in the rear of the House, McCabe then came out of the House and fired two or three times at the soldiers, Butts fired once at McCabe from behind a tree; Brady was not then out of the hut, the soldiers were about fifteen yards from the Hut, after McCabe had fired three of four times Brady came out of the Hut and with McCabe ran into the Bush in front of the Hut, the soldiers then went down to the edge of the Bush, but did not pursue the Bushrangers farther, it did not rain at this time, the soldiers did not have their bayonets fixed, the Corporal then desired me to give him the things that belonged to the Bushrangers, I gave him the knapsack containing some ammunition, some tea, sugar, flour, and an iron pot and two pistols one of them silver mounted which belongs to Mr Wedge the other I found under the bed clothes belonged to Mr Basham, I found the pistols inside the Hut hear the door along with a bundle of Ball cartridges, the soldiers got Mr Bashan’s Boat
p16
I helped John Basham into it and with Hindes accompanied the soldiers to George Town. From the time we left the Lake until we arrived at Gildas’s we did not fall in with a single person, we subsisted the whole of the time upon flour mixed with fat and Baked on flat stones we had plenty of tea and sugar. I am sure the soldiers could not have seen McCabe or Brady when they fired into Mr Basham’s hut. I did not see Mr Gildas after we left his house on Sunday
Robert X Peet
his mark
Taken before me at Launceston the first day of April 1825
PA Mulgrave JP
p17
George Seals, bring sworn saith I am an acting corporal in the third Regiment of Foot, I went to Bashams Hut on the River Tamar last Thursday morning between seven and eight o clock with two Privates of my Regiment. John Butts and Samuel Brooks in search of Bushrangers pursuant to orders received from Captain Lockyer, Butts knocked at the door of the hut, and said “John is there anybody here beside yourself” someone with said “no”, the door was then opened ajar by some one inside, and Joseph Hindes ran out, and said for God’s sake do not shoot me I am a stockkeeper, a shot was then fired from the inside of the hut, into the hut, Butts immediately fired John Basham immediately ran out of the Hut and Butts ran after him and stabbed his with his bayonet, which was fixed (we fixed our bayonets immediately Hindes ran out of the Hut), Brooks called out Butts that is Johnny Basham
p18
Butts replied is it I am sorry for it I did not know him, I broke the window of the Hut with my Bayonet and saw a man inside who I attempted to fire at, my musket missed fire, Samuel Brooks attempted to fire several time into the Hut, his musket missed fire, immediately after John Basham came out of the hut Robert Peet followed him, I snapped my musket at him, he said I am a pressed man, Butts went after him, I called him back. Butts then looked into the Hut and attempted to fire through the hold in the Hut his Gun missed fire, he cocked his piece again and fired it through the Hole, three shots had been fired from the Hut at this time, finding that neither my piece not Brooks could be fired, I took my party behind some trees at the back of the Hut, I did not know how many men there were in the
p19
Hut; a man came out of the Hut presented his piece at Butts and retreated into the Hut without firing; he and another man then came out, and ran into the forest in front of the Hut, Brooks and I had put our locks to rights, and I had just finished loading our muskets when the men ran into the scrub, I took my party to the edge of the scrub but could not see anything of the Bushrangers, I did not think it worthwhile to pursue them, I got Basham’s wound dressed in the best way I could and took him to George Town with Peet and Hindes; before we left the Hut, Peet gave the party two pistols, one of them silver mounted which he said belonged to his Master Mr Wedge, the other was a small arm which he said belonged to Mr Basham as well as a musket
p20
Peet also gave me a knapsack containing two bags, two pieces of pork, a towel, some remains a small quantity of tea and sugar, two rounds of ammunition and a kangaroo rug all of which he said had been brought with the Bushrangers he said the kangaroo bag was his own
George X Seals
his mark
[Xenophon Herne BASHAM – The Family Research of Monique Jones
Xenophon Herne BASHAM was born in 1772. He was christened on 22 Feb 1774 in Bartlow, Cambridge, England. He was buried in Sep 1827 in Georgetown, Tasmania] aged 55.
p21
Joseph Hindes being sworn saith I was free on the first of March and reside on the farm of Xenophon Basham, on Monday night about sunset his son John Basham was with me in his Hut I saw three men coming towards it one of them had a double barrelled Gun and two single barrelled pistols in a Belt the other had a musket and a double barrelled pistol the other man had a knapsack I did not see that he had any arms the man who had the double barrelled Gun pushed the door open with it and said to me you are a bloody soldier I said I was not he said if I had been a soldier he would have blown my brains out, the other man took a Gun from Basham ordered me to get some water, he went with me, they obliged me to cook some mutton and make them some tea, the man who had the knapsack said he was a pressed man and had been taken from the Western Mountains; one of the other men inquired after the Government Boat Fame
p22
and said he would stop there till he saw her, that he wanted some Flour, they remained at the hut till Thursday morning, whenever John Basham or I went out of the Hut one of them armed men accompanied us; they obliged us to give them some of Mr Basham’s mutton; the man named Peet gave no orders, on each night they stopped at the hut the two armed men obliged me Basham and Peet to sleep in a bed, they laid with their feet against the door and their arms by their sides as well as a musket belonging to Mr Basham there was only one Door to the Hut, between six and seven o clock on Thursday morning, before any of us were up, some one knocked at the door and said is anyone here Basham said “who is there?” one of the armed men said to him hold you noise or I will blow your brains out and put a pistol to his head. The armed me were busy
p23
preparing their arms, I opened the door and slipped out, exclaiming let me get out of this for God’s sake spare my life I am Mr Basham’s stock keeper; there was a soldier at the door with his musket presented he pushed it against the door, and attempted to fire at one of the armed me his piece missed fire, another soldier then fired into the Hut, I do not know if Basham was out of the Hut at this time; a shot was then fired from the hut, I saw two of the soldiers attempting to fire their pieces at the Hut they missed fire. Basham came out of the Hut, one of the soldiers wounded him with his Bayonet, Basham then cried out “I am Basham” the soldier said I thought you were one of the Bushrangers I am very sorry; Peet was alongside of Basham when he was wounded the soldier who wounded Basham is named Butts, Peet and I carried Basham to the Stock yard about twenty yards from the Hut and one of the soldiers beat
p24
in the window of the Hut and attempted to fire into it, I believe his piece misfired; the soldiers then went to some trees about thirty yards behind the Hut, one of the Bushrangers came our of the Hut; and fired three of four shots towards the tree; I am not sure if the soldiers fired any shorts from the trees – The Bushrangers ran into a scrub in front of the House; the soldiers then came to the edge of the scrub and stopped. I am sure ten minutes must have lapsed between the time that I hear the knocking of the door and the time when the soldiers left the front of the hut, they repeatedly tried to fire their pieces into the Hut but they only snapped I am not certain that the soldiers fired more than one shot, I do not know if the soldiers had their Bayonets fixed when they went from the front of the Hut, I believe they had, I never saw any Bushrangers at Basham’s hut before. The Bushrangers only left one Pistol behind them that they brought there one of those given to the soldiers by Peet belonged to Mr Basham
Joseph X Hindes
his mark
p25
Cornwall
Van Diemen’s Land
To Wit
The information of Thomas Watson holing a Ticket of Leave, who being sworn saith I live near Mr Henry Clayton’s Hut, to the westward of the large Lagoon, at the back of Norfolk Plains. About ten o clock last Tuesday morning I was in company with John Cains/Cairns between my house and William Fields Stock Hut when we met seven armed men, three of them on Horseback there was one unarmed man whit them the armed men ordered me to stand and a man they called Goodwin took my Musket from me they then said they wanted to go to the supply River and that I must conduct them there, I told them I did not know where it was one of them said I must take them there or I should take nobody else there we stopped that night about five miles above Field’s Hut on the Penny Royal Creek they kept no guard during the night the Horses were laden with a keg of rum some Flour Tobacco Tea and Sugar and a small bag of onions, the next day we had got upon Mr Dry’s Run when they desired me to shew them the way to Leith’s, they said they would hang him and his woman up to dry and they asked if Mr Compton was
p26
at Quamby’s, I told them he was not, and persuaded them not to go to Leith’s, about three o clock that day we fell in with a Flock of Cattle bye the side of the Western Creek, Brady and Bryan rode down a Heifer which Bird killed and a hind quarter was divided and put upon two of the Horses we stopped that night on the west side of the Western River near Mrs Smith’s Hut, at a place called Michael Howes Marsh, we did not see any of her people, the next day /Thursday/ I told them I could not guide them any farther and they then steered by Compton’s to the northwards and went about ten miles through a thick scrubby and Hilly country, we stopped that night and the whole of the next day and night near a creek which ran to thee Southward and eastward we arrived at that place about three o’ clock on Thursday and after unloading the Horses a man called Brady took Cairns the man who was unarmed when I met Brady, and who says his name is Thomas Reid and the three Horses some distance from the party and returned with the two men without the Horses the next day about eleven o clock, Brady said he had taken the Horses so far into a thick scrub and over so much broken
p27
Timber that he could not get them back again, but was obliged to return by the path he made in going into it on Saturday morning they divided the luggage into ten parcels and each of the party carried one they steered towards the northwest until they fell in with a stream which ran nearly North and continued along it until three or four o’clock in the afternoon. About seven o’clock on Sunday morning the party continued their passage along the Bank of the river until they came in sight of some new Buildings Brady first perceived these Buildings and ordered Cairns and I to have our hands tied behind us and went towards the Buildings with one of his companions called Murphy and Thomas Reid, they returned in about two hours when Brady said that he saw through his Glass that the Buildings belonged to the Mill on the Supply River and that he would go higher up the river to Gildas’s where he had been before, we arrived at Gildas’s about three o’clock that afternoon James Gildas was the only person then there. Brady and three of his comrades made three of four oars that afternoon for a Whaleboat that was lying at highwater.
p28
mark. Brady and four or his companions slept with Cairns Reid and I that night in the Straw Yard two of the Bushrangers and Gildas slept elsewhere on Monday morning they removed the whaleboat to Gildas’s wharf and kept her afloat the whole of the day the Bushrangers said with the intentions of intercepting the Commandant’s Boat which they had heard was to pass from George Town to Launceston that day with the Commandant that they intended to shoot him, cut off his Bloody Head and throw his overboard, this conversation passed amongst themselves, a man called Bird said the most about what they would do to the Commandant Gildas Cairns and I remonstrated with them and endeavoured to persuade them from their purpose of killing the commandant, until two or three of the Bushrangers especially Bird threatened to run the Bayonet into us, they said they wished they could get to Launceston, that they would blind and cross? Mulgrave, and serve out old Dry, Brady seemed fully determined on coming into Launceston and purposed going to Mr Dry’s first and then to the police Office and wanted me to shew them the way over the cataract which he said I must do
p29
if they failed in taking the Brig Glory which they said was coming down the River. All the time we were at Gildas’s he was in charge of one of the Bushrangers called Goodwin, between seven and eight o clock last night, I said to Gildas “will you fetch the meat for supper”, he said “yes”, and immediately left the room where he and I were sitting in company with Murphy and Godwin, about five minutes afterwards brady came into the Room and said to Goodwin “where is the old man” Goodwin replied “he is just goen out” five or the Bushrangers then went in search of Gildas and returned in about ten minutes and said they could not find him, about half an hour afterwards a Boat was heard coming up the River Brady ordered Reid, Cairns and I to be taken to the river side where our hands and feet were tied by his comrades, who with Brady kneeled down upon on knee close to the River side, with their muskets presented whilst they were in this position a Boat with four or five men besides Mr Thomas Whyte ran in immediately abreast of the Bushrangers and about the centre of them; the bushrangers said as the Boat touched the shore “Lay down lay down every one of you lay down or we will shoot you, is the commandant here which
p30
is the commandant?” some one in the boat said, “the commandant is not here” one of the Persons in the Boat wore a white Hat, Bird said “this is the Commandant, we have got you”, and knocked that person down with the But end of his Piece, that Person I afterwards heard called Captain Smith, when he was down he said “I am not the Commandant” “do not illuse me” the Bushrangers then ordered th persons in the boat to go to the House accompanied by some of them whilst the rest untied the legs of Reid Cairns and myself, and also marched us into the house; when Brady looed very hard at Mr Thomas Whyte and said, “Oh Mr Whyte we have got you at last, many a time you have chased us but we have caught you now”, Whyte said he had never done them any harm and that he hoped they would not take his life. All the Bushrangers continued to threatened and abuse Whyte for several minutes because he had chased them, Whyte said he was a Kings Officer and was obliged to do his Duty; similar conversation continued several minutes, when Goodwin who was standing sentinel at the door ordered every one to be silent and not speak a word; Whyte some time afterwards ordered the men who came with him in the Boat that were talking to be silent, when one o9f the Bushrangers said “yes and we will silence you
p31
by and by” the door of the House was then opened and Brady enquired if any Prisoner had come in the Boat with Whyte, one man said he had been made a Prisoner by Whyte in the Straits, he was ordered out of the House and Brady said to him now you are free, go which was you like, the man replied there is nothing against me I do not want to go, Brady said “well do as you like” he then ordered Cairns, Reid, and I to go out of the House, and our hands to be untied, he then told us to go into another room where there were two of three of the Bushrangers and get our suppers, whilst we were eating one of those Bushrangers said “the Glory is gone past, and we have missed our liberty on account of that old Bugger running away”, another replied “it is all right still, we can have her yet”, the other answered “we cannot do it, Boats will be from Launceston before we can get her out of the Heads”, others of the Bushrangers then came into the Room, one of them proposed to shoot Mr Whyte, others to crop his ears, and others to make his go down to the Glory, hail her, go on board, and navigated her for them, some of the Bushrangers
p32
then said they would not take the Glory on account of Parties, when Brady said, “oh damn it we will take the Boat belonging to the Duke of York out of the Heads and you Cairns must go with us and pilot her” Cairns said he never Piloted a Boat in his life, Brady said he should go, and ordered Reid and I to take the luggage down to the Boat, we did so and retuned to the door of the House, Brady called Mr Smith out and asked him what property he had got in the Boat, Mr Smith said a suit of Black clothes in a canvas bag, Brady then went with me to the Boar and made me take the bag to Mr Smith, who said part of the things in it belonged to Mr Whyte /this was in answer to an inquiry from Brady/ who ordered him to take his own clothing out of the Bag, which he did, and Brady put the remainder into the boat; a long consultation took place amongst the Bushrangers during which it was said that Hilton and another convict were on board the Glory sentenced to Norfolk Island, and Brady recommended that they should be liberated, he then desired the other Bushrangers
p33
to got out and determine what they should do, they went out, and in about five minutes two of them came back and told Brady that they, the Bushrangers, wished to go on board the Brig Glory, and go down in her if she were attacked, I then asked Brady to let me go, he appeared perplexed, and said I do not know what to do, went out of the Room where we were, returned again, and called me and Reid out of the Room and told us he would let us go, Bryan one of the Bushrangers came up to Brady, and said “What shall we do with this Whyte, let us shoot the Bugger” I begged they would not commit any murder whilst I was with them, when Bird proposed to cut off Whyte’s ears, I said he has a wife and three children, when Brady answered “well we will not cut off his ears, there is no surgeon here, he will bleed to death, I will give him a reprimand, come Watson and Reid, go in here with him”, and then put us into the room with Whyte and his crew. Brady then told Whyte that they had first proposed to shoot him, then not to take his life but cut off his ears, and afterwards to let him go on account of his family, and added “I do not think you are
p34
worthy to die yet, I will let you live a little longer and I hope I shall hear a better character of you”. Brady then gave a musket to one of the persons who came with Whyte after pouring water into the barrel, and taking out the flint, and said “I desire you will remain here all night, there is a sheet redy killed, which you may eat, and if any questions are asked about it say Brady gave it to you, Mr Smith there is a good Bed for you, good night Boys” and then shut the door and went away with all his party, about ten minutes or a quarter of an hour afterwards, I went our at the door and saw a Boatfull of men about sixty yards from the landing place, going obliquely down the River; I soon after went down to the landing place, Mr Whytes Boat was gone and a Government Boat that was lying there which had arrived soon after Mr Whyte came there, and whale crew where made Prisoners, whilst Mr Whytes crew Reid, Cairn and I were confined, and were put into the Room with us that Boat was stove and lying high and dry, the Tide was three parts out when Brady and his party left Gildas’s.
The Bushrangers kept no sentinel whilst they were in the Bush generally lighted their fires so soon as they stopped
p35
on an afternoon, and lessened the quantity of fire before they went to sleep, the names I heard the bushrangers called by were Brady, Bird, Murphy, a boy called Edward, John Tilly, Patrick Bryan and Goodwin who is sometimes called Simpson, they were all well dressed and each armed with a soldiers musket and bayonet, Brady had a double barrelled Pistol and the other Bushrangers had some one and some two Pistols, Bryan had a three barrelled brass Pistol, I believe they had about two hundred rounds of Ball cartridges when they left Mr Gildas’s besides a large quantity of loose powder and shot, a bag full of Tea, about eighty pounds of sugar, but not more than sis or seven pounds of Biscuit no flour, and no meat except one sheep, which they took from Gildas, also a bag of onions and some peaches; they had a kangaroo bitch, I am not certain if there were any sails in the Boat.
One of the Horses was a dark brown coloured horse, another a bay mare, and the third a black mare, which the Bushrangers said they had taken with another mare from Mr Lawrence’s; the Bushrangers asked me what sort of a man Mr Lawrence was, I said I had never heard anything against him, they said that they had been informed that his overseer and
p36
some of his men had been after them, that the overseer had come up to Mr Laurence’s House whilst they were there, that they had fired at him but were not sure whether they had killed him or not, that they had burnt Mr Lawrence’s House and wheat on account of this overseer and men going after them, and taken away his horses, that if Mr Lawrence bore a good character they were sorry for him, and hoped he would get a better overseer.
I found this pistol marked /Scudamore & co/ after the bushrangers had gone from Mr Gildas’s by the side of a Bag containing some sugar near where they had piled their arms; they did not appear to place more confidence in Reid than in Cairns or I, they took Cairns away with them from Gildas’s he was not a sailor. I had no jacket on when the Bushrangers took me prisoner, they gave me this jacket the same evening, and said they had got it from Mr Young.
Whilst I was with the Bushrangers I gathered from what they said, that there were five more belonging to the Party not long ago, who had separated from them and were led by Patrick Dunn, and that Coady? was amongst them, who Brady said was a very good look out, I think they differed in consequence of some action they had in
p37
which they lost a man, and that they parted only a few days before they went to Mr Lawrences. I frequently heard them mention their Farm, and that when they were there altogether they used to run races with their horses, after the Bushrangers left Mr Gildas’s, Mr Smith and some of the sailors left the House as they said the repair the Government Boat, returned in about half an hour, had some tea and awoke Mr Whyte; who was asleep, and everyone left the House.
I saw no mutton salted at Gildas’s. After Goodwin had taken my musket from me the Party allowed me to hide it and my ammunition, I know where to find them.
I saw Gildas’s Boat that the Bushrangers made the oars for on the Sunday lying high and dry on the wharf, after they had
p38
left in Mr Whyte’s Boat
/signed/ Thomas Watson
Sworn before me at Launceston this twenty eighth day of February 1826
[unsigned]
The further information of Thomas Watson who saith the Rum that the Bushrangers had with them was drank in the first three days after I had fell in with them, Murphy had charge of a bundle of plate amongst which I saw about twenty silver spoons and four or five silver cups with handles. When we were at Gildas’s the Bushrangers took a watch from Mr Whyte and one from Captain Smith they returned Smiths watch back but kept Mr Whytes.
Whilst Brad? Cairns and Reid were absent from the party on Friday morning Murphy took me up a Hill about three miles from the Party from which we saw Mount Direction and the River Tamar, we were absent about two hours.
The Bushrangers had a double barrelled Gun with them when they were at Gildas’s.
/signed/ Thomas Watson
Taken before me at Launceston this second day of March 1826
[unsigned]
p39
Watson and others
v
Brady and others
February 1826
p40
Cornwall
Van Diemen’s Land
To Wit
The information of Thomas Mc Court called by Michael Riley who being sworn saith. I know Michael Riley I was thrashing with him the whole of Saturday the fourth day of march until after sundown he passed the rest of the evening at my House and slept there that night
Thomas X Mc Court
his mark
Sworn before me at Launceston this twenty third day of March 1826
PA Mulgrave JP
The information of Humphrey Blunt who being sworn saith I reside at the House of Thomas Mc Court and was there the whole of Saturday the fourth instant Michael Riley was there the whole of that day thrashing with Patrick Dogherty Thomas Mc Court was about the House but was not thrashing on that day, I am sure Michael Riley was not absent from the Premises of mc Court at any time on that day or in the evening, I have lived at mc Court’s house ever since I have not seen any stranger there except the Bushrangers and that was on Sunday the 5th instant there were seven of them
p41
all armed they enquired for George Hacking this was about eleven o clock in the forenoon we had mutton for dinner that day there was no boiled beef in the house – I was confined to the Premises by lameness and am sure that both Dogherty and Riley worked there the whole of Saturday. I could hear the noise of two flails all day.
Humphrey X Blunt
his mark
Sworn before me at Launceston this twenty third day of March 1826
PA Mulgrave JP [signed]
The information of Eleanor Mr Court who being sworn saith I am the wife of Thomas McCourt and reside with my husband at a place called the Cocked Hat Hill last Saturday fortnight Michel Riley was employed in thrashing along with my husband the whole of that day he was not off the Premises at any time on that day, seven Bushrangers came to my Husband’s house the next day about eleven o clock and desired a servant of Mr Quins to shew them the way to Mr Develin’s, I have not seen either of the Bushrangers since.
Eleanor X McCourt
her mark
Sworn before me at Launceston this twenty third day of March 1826
PA Mulgrave JP [signed]
p42 Jan 1826 in blue pencil
Cornwall
Van Diemen’s Land
To Wit
The information of Mr Mark Wilson who being sworn saith, I was chief constable at George Town in the month of March last, I know James Gildas, he was a District Constable on the left bank of the Tamar, I had had many communications with his before last March on the Public Service, on the last Sunday in March I was at his House on my way from Laundeston Sergeant Kirwan was the only other passenger in the Boat, Seargeant Kirwin had a fowling piece I did not see any other arms in the boat, I do not know what time we arrived at Mr Gildas’s, we stopped there two or three hours, I walked round the House and by the Sheep yard, I saw no sheep near the House nor near the seep yard, which is close to the House, I did not go into Mr Gildas’s own apartments, he appeared much duller than usual, in general he was very talkative, but on this day he said very little to me and seemed low spirited; I said to him I wondered the bushrangers did not pay him a visit, he made me no answer,
p43
I am certain Gildas did not tell me that the Bushrangers had been at his House the night before, or give me the least intimation of it, I do not know exactly the time that I left Mr Gildas’s House that afternoon, the usual time taken to pull such a Boat as I was then in from Mr Gildas’s to George Town was five hours, the men pulled very hard, we arrived at George Town a little after eight o clock, I know John Croft, I did not see him at Gildas’s that day, Daniel Cummings Gildas’s assigned servant was there during part of the time I was there, I missed his from the premises during part of the time I was there: I know Robert Peet, in the middle of the following week I was standing on the wharf at George Town, Peet was standing at the bottom of the steps that led from the wharf to the water, he turned round and looked at me, immediately come up the steps and said to me, I know you, I saw you last Sunday, I said, How do you know you saw me, he replied
p44
I will give you a description of your dress you had on a dark Big Coat and a Glazed hat, you took your Coat off and laid it upon the Singles of the Skilling as soon as you got up to the House, He continued, Brady and McCabe were with me, did not you see me go at the back of the House with a knapsack at my back just as you landed? I said I did not, he said it was Brady and McCabes intention to have fired into the Boat, but they perceived some person with a red jacket on, which made them think it was a party; he further said that Gildas’s hands had been tied just before we landed; he then left me, after I had cautioned him not to mention what had passed at Gildas’s until he went before MR Mulgrave, I never saw Peet before, I saw him that day at George Town, I have often observed that Gildas’s was very familiar with his man Cummings, I have seen him eat at the same table with him, and seen Mr Gildas put away the dinner things, whilst Cummings was sitting
p45
idle. I was not at Mr Gildas’s House on Saturday as well as on last Sunday in March
Mark X Wilson
his mark
[no witness, not signed]
The further examination of Robert Peet who being sworn saith I was at Mr Gildads’s House on the Tamar on a Saturday night the latter end of last March, with Brady and McCabe about ten o clock they both told Mr Gildas that he and Cummings might go to bed, they went out of the Room where Brady McCabe Croft and I were, into a little Haule a very short distance from it, I do not know if the door or the room where Gildas and his man slept was fastened outside or not, I saw Brady go out of the skilling twice during that night, I do not believe he went our often/after? Brady by dawn lay down with a pair of white trowsers on, Mc Cabe took off both his Jacket and trowsers, I know Mr Wilson, he was called Chief Constable sat George Town, I saw him in a Boat at
p46
Gildas’s on the Sunday when I was there with Mc Cabe and Brady, I saw him get out of the Boat, pull off his Coat and throw it over some paling near a skilling, Mr Wilson went away from Gildas’s in the same boat he came in between two and three o clock, I saw Mr Wilson in the following Friday morning at the wharf at George Town and I told him that I had seen him at Gildas’s the preceding Sunday with a Sergeant.
Mr Wedge and his party arrived at the lake as stated in my former information on a Tuesday, the fifteenth of March, I know it was on a Tuesday by the days, I was away from him on the next day Brady and McCabe came there and Robbed Mr Wedge of various articles, amongst the rest? of a spyglass this spy glass Brady had with him at Gildas’s, and on the Saturday had it in his hand in the skilling when Gildas Croft and Cummings were there, Brady said he had taken it from Mr Wedge.
Robert X Peet
his mark
Sworn before me at Launceston this twenty third day of March 1826
PA Mulgrave JP [signed]
p47
The examination of James Gildas who saith on the twenty seventh day of last March the Commandants Boat came to my wharf between nine and ten o clock in the morning and left my Haule between three and four directly after the Boat left I ordered Cummings and Croft to put a few sheet into the yard which where grazing round the paddock which they did I ordered Cummings to catch me a sheep that I might try my shears Cummings caught a sheep and I began to shear it when three men came round the house through the front gate and made towards the sheep yard two of them were armed with muskets and pistols one of them said to Croft who was standing at a distance Hay Hay hear Croft went to him and the man tied his hands behind him they then came to the sheep yard where I was and demanded Cumming’s name they ordered him out of the yard and tied his hands behind him they then ordered me out I refuses to go one of the men levelled a double barrelled piece over the paling at me cocked it and said it I did not come out he would send its contents through
p48
me. I then went our of the yard and one of the men tied my hands behind me they then used a great many threats because I was obstinate in wailing along when my hands were tied the short man levelled his piece at my body and said he would shoot me like a Cock if I gave him any more cheek the other armed man said do not shoot him through the body shoot him through the legs and let him lay they took us into the kitchen and the shorter man of the two gave his double barrelled piece into the hands of the other Bushranger he then demanded of me where my musket was I told him I had none he marched the premises several times over whilst the others stood guard over us and said he was a good one at frisking he found my piece in my bedroom and brought it to the door the taller Bushrangers took it in his hand and looked at it and said it was no use to him it would not carry far enough that he had plenty of arms in the Bush he then returned it to the shorter man who took the cock off I begged him not to destroy the piece as it was not my
p49
own and I should have ten guineas to pay for it if I did not return it he then threw it upon a loft in the kitchen and a man named Peet who was with them said that they the Bushrangers had plenty of arms where his master’s things were planted the shorter Bushranger took his double barrelled piece from the other man he then untied Cumming’s hands and ordered him to Cook dinner for him when the dinner was cooked they made Cummings sit down by the fire whilst the two armed men and Peet their unarmed companionate the dinner it consisted of kangaroo steaks pork tea and Bread the two armed men went to the door and conversed together for about two minutes they then told me I must supply them with Flour enough to take them across the Country or they would take my dogs. I told them I had not Flour they then untied Crofts hands and made him and Cummings grind some flour they ground some whilst they were grinding the two Bushrangers went out of the House and looked up and down the River with a spy glass Peet who was in the house with me said it would be a very good thing if he could cut off their Heads and get the reward and indulgences
p50
I told him it would be a very good thing if he could do it whilst they were asleep the two Bushrangers returned into the House before Peet had time to reply Peet and the shorter man went our of the House and conversed together for about then minutes when the short man and Peet returned and the short man said I aught to think myself well off if I kept my own head upon my shoulders and Peet asked me several questions respecting the Boats on the River in presence of the Bushrangers and who was coxwain of the Balahoo (the Government Boat Fame was called by that name). I told him Dutton he said Dutton was a Bloody Rogue I asked him why he said he harassed the men about who were under him one of the Bushrangers then said to me the pleasanter you look the better it will be for you what they wanted they would have and if any body resisted them they would shoot them that there were Rapes, Robberies and Murders against them and that they were sure to be Hung if they were taken after some conversation the tall man at my request untied my Hands and went with me to the sheep yard to let my sheep
p51
out he then brought me back to the House one of them told Peet to go to the back of the House and fetch their knapsacks and things Peet went out and was absent about twenty minutes and returned with a knapsack and a Bundle tied up in a blanket when Peet came back one of the Bushrangers told him they would put some stones in his knapsack to keep him in ballast Trim? as they were disappointed in not getting the property they expected to find whilst Peet was out the two Bushrangers said they would not have came there had it not been? for the information they had got from Peet respecting the property at my House they then made Cumming prepare supper and said if he attempted to run away they would shoot him and destroy everything about the premises that they knew where were three soldiers at Mount Direction and that if any of us to away we would go and fetch them but that they would take effectual care we did not , the two armed men and Peet sat down to supper together when Cummings went
p52
to the Gallows to cut kangaroo steaks one of the Bushrangers went with him with his double barrelled Piece when the two Bushrangers and Peet had had their supper they told Cummings Croft and I that we might take ours one of the Bushrangers sat with his musket facing the Door and the other facing us whilst we were at Supper they said they had been laying watching the place until the Boat went away and that they had seen every transaction Peet pulled a small magnifying Glass out of his pocket and said it was taken from his master, between ten and eleven o ‘ clock Peet made a Bed down in the House they ordered Cummings and Croft onto the Loft in the kitchen they went there Brady marched me out at the front door into my room which is entered through my sitting room and is divided by a partition from the kitchen, Brady locked my room door and went away there was no window in any bed room the door lock was a common lock and the stable was inside my room. My sitting room was fastened with
p53
a wooden latch there never was a lock upon it the partition between my Bedroom and the kitchen is of wattle and plaster as high as the ridge board above that were broad palings. I looked between them the taller Bushranger (McCabe) and Peet laying down on the bed that Peet had made Brady sat upon a stool and kept watch with a double barrelled piece, I had very little sleep. I was awake about two o’clock in the morning looked through the boards and saw the two Bushrangers and Peet making tea after they had had tea Peet and the short bushranger laid down and the tall one kept watch until day light when they made Tea again after they had had their tea the shorter man came and took me out and put me in the kitchen and called Croft and Cummings outside and ordered Croft to fetch an iron pat and six or seven pieces of pork that were hanging up in the kitchen and ordered Cummings to give them tea and Sugar and Salt and give them handkerchiefs to tie it up in and kept their pieces nearly at a level all the time they then came to me in the kitchen and asked me when I would shoot them. I told them I did not know I was afraid they would go and chop my boat up they then asked Peet which
p54
which way they should steer he said he did not care which was they went aso as he could jump into a suit of clothes they went away about the distance of ten yards and called out Croft went to them and one of them gave him the cork? of my piece this was about seven o ‘clock in the morning, I then ordered Cummings and Croft to grind some Flour and made some Bread as I was going to report it as soon as the tide would float my boat. I am Cummings left home about three o clock that afternoon and reported what had happened to the Superintendent of Police that night about eight o clock.
My house is about sixteen Miles from Launceston by land it is about eighteen miles from the opposite side of the River to My House to Launceston. My boat did not float till three o clock it was then three quarters tide and the tide was running out. The sheep were grazing all day round the paddock on Sunday the Paddock is at the back of the garden and contains about twenty acres there were about forty or fifty
p55
sheep therein.
I do not recollect what Mr Wilson said to me about Bushrangers that day.
when the two Bushrangers went out of the House together Croft, Cummings, Peet and I were in the house our hands were not then tied.
I was a District Constable when they came to my House when they left it they went down the river Mr Wilson was not at any house on Saturday. Croft and Cummings were in the kitchen grinding wheat when Peet said it would be a good things if he could cut off the Bushrangers heads for the rewards and indulgences. When Colonel Balfour found fault with me for not having got away from my House the night the Bushrangers were there I did not tell him that they fastened me into my Bedroom, he discharged me at that time from being District Constable.
James Gildas (almost unreadable)
Sworn before me at Launceston this nineteenth day of January 1826
PA Mulgrave JP [signed]
- This man says he is a Quaker and that it is his custom of make his affirmation with his hat on and his right arm outstretched.
PAM (initialled)
p56
Cornwall
Vann Diemen’s Land
To Wit
The information of Robert Peet who being duly sworn saith, I am a convict and assigned to Mr Wedge the Depty Surveyor on Tuesday the 15th March I was with my master at Arthur’s lakes, when two Bushrangers named Matthew Brady and James McCabe obliged me to accompany them and carry their baggage until we arrived at Mr Gildas’s farm on the Tamar, on Saturday afternoon the 26th March last Brady was then armed with a double barrelled Gun and a brace of pistols, McCabe had a single barrelled Gun and a double barrelled Pistol, the first Person we met at Mr Gildas’s was John Croft, Brady tied his hands behind him, then went up to the sheep yard called out Mr Gildas’s servant /Daniel Cummings/and tied his hands; he then called to Mr Gildas who was amongst the sheep, and who said he would no be tied, Brady cocked him Gun and presented it at Mr Gildas, who then allowed his hands to be tied behind him, Mr Gildas said it was a great shame they should rob poor people, that he had been robbed enough, Brady and McCabe ordered Mr Gildas and the other two men
p57
into the House, untied Cumming’s Hands and ordered him to fry some pork, and prepare some damper and Tea; the four, pork and tea belonged to Mr Gildas.
Half an hour after they went into the House Brady untied Croft’s hands, in about two hours Brady ordered me to untie Mr Gildas’s hands; Croft went to bed about ten o clock that night in a Loft over part of the room where Mr Gildas and Cummings went out of the Room about that time, and did not return that night. I do not know how the Door of the Room where we were in was fastened.
Brady and McCabe laid their blankets upon the floor near the Fire and laid upon them with their arms by their sides and made me sleep between them, neither of them kept watch that night.
The next morning about an hour and a half after day light Mr Gildas and Cummings came into the room, Brady was walking outside in front of the House and McCabe with them, Brady ordered Cummings in front of the House, FCroft and McCabe with them, Brady and McCabe had their arms with them
Brady to fry some pork and kangaroo which with some tea and damper Brady, McCabe and I had for breakfast, Mr Gillas Croft and Cummings breakfasted after we had done, Brady and Croft walked together a
p58
considerable time after breakfast in front of the House. Between one and two o clock Brady said he saw a Boat coming down the River, he looked at it through a spy glass he had taken from Mr Wedge, Brady said there were soldiers in the Boat, he ordered me to take a Bag with some flour in it, he took two pieces of pork belonging to Mr Gildas from Cummings and obliged him to bring a little tea and sugar also belonging to Mr Gildas.
Brady and McCabe then obliged me to accompany them up a Hill about seventy yards from the House where they stopped, I then counted nine men in the Boat. I thought two of them appeared to be soldiers these people remained at Mr Gildas’s three or four hours during which time Croft and Cummings came to the place where Brady, McCabe and I were, Croft took Brady on one side and whispered to him. I overheard Croft tell him that Serjeant Kerwin and a constable had come in the Boat * McCabe Brady and I then went cross a creek about a quarter of a mile from Gildas’s House Brady ordered me to make a fire, about an hour afterwards Croft and Cummings came to us and * Croft told Brady that the Fame Government Boat would be down the River on Monday with a woman in it named Emma **Croft further said that he was sure Mr Gildas would not report there having been at his House to the Soldiers nor to any other person afterwards and that Cummings was much more master than Gildas.**
Croft and Cummings went back to Gildas’s House, and returned in about an hour or
p59
two afterwards, and told Brady and McCabe, that the boat with the soldiers was gone. I asked Brady and McCabe to return to Gildas’s House to sleep that night, Croft said they had better not, that someone might come there, and that it might get Mr Gildas, him and Cummings into trouble.
The Bushrangers said they would remain where they were that night, Croft and Cummings went away, Croft and Cummings returned to us the next morning before sunrise, before we were up they said they were going to hunt kangaroo, they went away and came back in about an hour and a half, and gave McCabe a kangaroo, McCabe skinned the kangaroo, cut it up and with some of the pork Brady had taken from Mr Gildas’s Houe cooked it in a Pot that McCabe had taken from Mr Gildas’s, Croft was within five or six yards of Brady when he received the pork from Cummings and saw McCabe cut up the pork, and put it into the pot with the kangaroo, and ate part of it when it was dressed; Cumming drank some Tea but did not eat any of the steamer, McCabe told Croft on Sunday that he had taken the pot in which he cooked the steamer on Monday form Mr Gildas’s; Croft and Cummings stopped about two hours on Monday morning with
p60
Brady and Mc Cabe; Cummings said he had been a shipmate of Brady’s, neither Brady nor McCabe ordered Croft or Cummings on the Sunday night to come to them on the Monday morning, nor did either Brady or Mc Cabe desire Croft or Cummings when they said they were going kangaroo hunting on Monday morning, to bring them any kangaroo, Croft gave Mc Cabe the kangaroo without being asked dfor it, I have not seem Mr Gildas since I left his house on that Sunday afternoon, neither croft or Cumming ever said in my hearing that they were sent by Mr Gildas, when they came to Brady and McCabe on the Sunday and Monday.
Robert X Peet
his mark
Sworn before me at Launceston this twelfth day of April 1825
PA Mulgrave JP [signed]
p61
The information of Mr Mark Willow who being sworn saith I recollect the circumstance of John Basham being killed some time in the month of march or April last, the Sunday before his death I went from Launceston to Mr Gildas’s House on the Tamar in a Boat, I arrived at Mr Gildas’s about noon and stopped there two or three hours. I know John Croft I did not see him at Gildas’s that day, I know Daniel Cummings he was then Mr Gildas’s servant, I saw him at Mr Gildas’s House on that day and know that he left it whilst I was there and Mr Gildas said he was gone into the Bush after some moccasins, I did not see any sheep near the House nor did mr Gildas tell me he was going to shear sheep, he did not tell me the Bushrangers had been there the night before.
Mark X Wilson
his mark
Sworn before me at Launceston this nineteenth day of January 1826
PA Mulgrave JP [signed]
p62
Peet vs Croft and Cummings
April 12th 1825
(4 x shorthand symbols)
1st August 1825
Brady – in pencil – underlined in pencil
J.H. Ridge – in pencil – underlined in pencil
p63 (Dec 1826 in blue pencil)
The information and complaint of Mr Alexander Charlton who being sworn saith last Friday evening this wooden oar my property was sent in my presence on board a Boat from the supply mills to the Governor Arthur cutter that was lying about a mile from the shore two or three of the crew of the Governor Arthur went in the boat andno other person the boat was out of my sight before she reached the cutter I do not know that any Boat left the Cutter that night she is gone to Sea a Boat might have left her that night and landed upon the Beach without my knowledge this oar would not float a mile.
* when my boat returned the next morning this oar was missing which I found in the Lumber Yard at Launceston this morning.
A Charlton (signed)
Sworn before me at Launceston this twenty sixth day of December 1826
PA Mulgrave JP [signed]
p64
Mr Peter Broadfoot sworn saith I was at the Supply Mills last Friday when the last Boat went on board the Governor Arthur cutter with Flour I followed it in Captain Hassell’s Boat the Boat with Flour did not stop on its way from the Mill to the Cutter I remained in the cutter all night I saw the Boat that took the Flour along side the cutter between eleven and twelve o clock on Friday night and also about five o clock the next morning when Captain Hassell told me that an oar had been taken out of that Boat as well as a pair of Trowsers during the night the government Boat Harriott was alongside the Governor Arthur cutter about eleven o clock on Friday night
Peter Broadfoot (signed)
Sworn before us at Launceston this twenty sixth day of December 1826
H Simpson JP (Signed)
PA Mulgrave JP [signed]
p65
Frederick Dutton Coxswain of the Government Boats who being sworn saith Richard Kenyon is Coxswain of the government boat Harriott she left Laucneston in his charge last Thursday or Friday and returned yesterday morning, this oar was brought to the Lumber Yard by one of her crew she had only three oars when she left Laucneston she brought this and three others back with her
F Dutton (signed)
Sworn before us at Launceston this twenty sixth day of December 1826
H Simpson JP (Signed)
PA Mulgrave JP [signed]
The examination of Richard Kenyon who saith about nine o clock on Saturday morning I saw this oar on board the Boat Harriott between Swan Point and the Supply Mills a man named Robert one of the Harriott’s crew said he had found it upon the Beach.
p66
Robert Roberts saith I found his oar about a quarter of a mile from the Supply River between that and Swan Point it was laying upon the Beach a little above lowwater mark a little after day light on Saturday morning.
Taken before us at Launceston this twenty sixth day of December 1826
H Simpson JP (Signed)
PA Mulgrave JP [signed]
p67 (Jan 1826 in blue pencil)
VAN DIEMEN’S LAND
TO WIT
THE EXAMINATION of Fortuné Guillois
of Laucneston in Van Diemen’s Land, Tailor
taken upon Oath before me, one of His majesty’s Justices of the Peace
for Van Diemen’s Land and its Dependencies the Twenty Sixth day of December in the Year of Our Lord One thousand Eight hundred and twenty six, in the presence and hearing of Henry Murchison.
Duly charged before me, upon Oath, with
Which said Deponent, on his Oath aforesaid, deposeth and Saith as follows (that is to say):- on a Saturday I think about the second of December instant I saw at the Public House kept by Mr Henry Boyle in Launceston about six or seven o clock in the evening when he said he had got some things that would suit me which he wished to dispose of and that he would see me another time about them, about five o clock the next evening he came near to my residence beckoned to me I went to the door he said follow me and I followed him to the Gravel Pit a short distance from the Town when there he told me to wait and he would fetch me the things he had to sell he went away across the Swamp in a direction towards the River and returned in about an hour and a quarter with a Bundle tied up in a silk handkerchief which he untied and took out
p68
a black cloth coat waistcoat and trowsers which appeared new which he said he would let me have for four pounds and added they are worth ten they were got from a cask? at the back of the House on Mr Mulgrave’s Farm (Mr Hoblers).
I said I have not got the money now Keep them and I will bring the money to you another time he shewed me a large table cloth and said he had a great many things that would suit me he did not say what I did not see what else he had in the Bundle there appeared to be as many things in the Bundle as he shewed me – when I said I had not got the money he said I would let you have the clothes without the money if they were my own but the man who works with me expects his regulars (his share) out of it.
p69
he tied up the bundle again and went towards the swamp where he was joined by some other person I could hear them talk I next saw him one day when the court of requests was sitting I told him I had got the money for the clothes when he could let me have them he replied do not be in a hurry they are all safe I will let you know when you can have them, I saw him once afterwards I think it was the week before last in the street and said to him you have got me into a fine string about those things he replied it is not string at all they are all right – I told all this to Constable Thomas Johnson, I never said a word of it that I recollect to Constable Charles Smith I might have said something about it to him when I was intoxicated.
PA Mulgrave (Signed)
p70
The examination of Charles Smith of Launceston a Constable taken upon oath before me one of His Majesty’s Justices of the Peace this first day of January one thousand eight hundred and twenty six in the presence and hearing of Henry Munchiad?
(Large gap 5 cm to next text)
which deponent on his oath aforesaid saith as follows on Saturday about six weeks ago I met Fortuné Guillois in the street in Launceston who said I wish I had met you last night I said what for he replied I could have down something for you and added last night I saw some of Mr Hobler’s property, I saw a riding habit, a blue one, a handsome damask table cloth and a suit of black (clothes) I think I shall be able to get them tonight you and constable Johnson be in the way, this was in the day time Guillois was quite sober, I asked him who he had seen with the property he said I will let you know further about it in the course of the afternoon and ran off adding I am in a hurry no further conversation took place between me and Guillois four or five hours afterwards I saw him talking to Constable Johnson I did not go up to them but shortly afterward Johnson told me that
p71
Guillois had told him that I should have nothing to do with it, I asked Johnson who had the things he told me Mr Mulgrave’s man Harry.
H Simpson (Signed)
Charles X Smith
his mark
p72 (Jan 1826 – in blue pencil)
Cornwall
Van Diemen’s Land
To Wit
The information of Thomas Robjent, a convict who being sworn saith I hold a Ticket of Leave and have been in the service of Mr James and William Brumby and have resided at their Farms on the lake River for the last two years and a half, where I have been employed as a Blacksmith, and occasionally have been permitted to do jobs for their neighbours on my own account, a day or two after last Christmas day, Mr Richard Jordan of Norfolk Plains brought this Fowling piece to the shop where I work on Mr Brumby’s Farm, he had brought the lock there about a week before, which wanted a new mainspring, which I could not conveniently make without having the Gun, Mr Jordan did not tell me that the Gun was loaded when he brought it to my shop, immediately he gave it to me I put it upon some tie beams in the shop as high as I could reach, I have worked and slept in that shop ever since, I saw not person remove the Gun from the situation in which I put it after Mr Jordan gave it me, until about a week after, when I took it down and put
p73
it under my bedstead, and a Box before it to hide it, lest some person should see it and take it away; I believe it remained there about a week, when I replaced it on the tiebeams, having then more constant work in the shop than I had before, I do not know that this Gun was removed from the tie beams by any person after I last placed it there until last Wednesday, except a day or two after I had replaced it, when Mr William Brumby came into the shop, took down the Gun and looked at it, he did not draw the ramrod or examine if it were loaded or not; he asked me whose it was, I told him, and he replaced it on the tie beams. I do not know that any other person touched the Gun whilst it was in my possession, except Mr William Brumby and myself; I never examined the Barrell whilst it was in my possession, many persons were in my shop at different times during the time the Gun was there, I have see Persons go in and out of the Shop when I have been on a different part of the Premises, I did not see Mr William Brumby in the Shop on last Tuesday or Wednesday until about three o clock on Wednesday afternoon , when he came there with some lead in a ladle to cast some bullets, he cast about twenty
p74
Bullets /I am sure I saw more than ten/ whilst he was casting the Bulletts, two children named William and Ann Whyte, the former about seven the latter about fice years of age, and who reside in a Hut near my shop, came into the shop, and as Mr Brumby’s Bulletts became cold the Boy took up one of them and ran away, the little girl took away two bullets, and also ran away, Mr Brumby ran after her and then retunred with two bullets in his hand, the Boy returned at that time close to the Place were I was sitting, on a stove, a yard or two from the shop door, and threw a Bullett close down by my feet, Mr Brumby said to the Boy, “where is the Ball” the Boy replied pointing to it , “It is at Tom’s feet”, I pointed to it and said “there it is” Mr Brumby picked it up and went into the shop, Mr Brumby recommenced making Bulletts in the shop, and the children remained outside the door about twenty minutes, during which period Mr Brumby told the Children several times to go away, I remained witting on the stone near the door during this time, at the end of which I heard Myr Brumby say, “I will start them” and I saw him
p75
come to within a step of the door with the fowling piece in his left hand, and his Powder Flask in his right hand, and put some Powder upon the touchhole.
Mr Brumby after he had put some powder on the Touchhole of the Gun held it in his left hand, with the touchhole upwards and in front of him, upon a level with the lower part of his body, the muzzle of the Gun was pointed out at the middle of the door and towards William and Ann Whyte, who were standing in a Path about six yards from the door, he then set fire to the powder with this Piece of Iron, which had been lying in the fire of the forge,, where he had been casting his Bulletts, as he held the gun in his left hand he reached back with his right and took the iron off the forge, and immediately applied it to the touchhole, he took no deliberate aim, the Gun immediately went off, and William Whyte immediately fell upon his side, I went up to the child and saw one or two drops of Blood upn his shirt near his loins, between his Jacket and Trowsers, his shirt appeared torn in small holes as if with shot; immediately William Brumby had fired the Gun and the Child fallen, he exclaimed “my God! I have shot the Boy” I replied “My God the Boy is shot” William Brumby said call my mother and ran towards the House where she lives, * Mrs Elizabeth Brumby, about two
p76
hundred yards from my shop, I ran towards the Hut where the Child’s mother lived and called her, William Brumby’s Mother, the child’s mother, William Brumby and I went to where the child was lying, Mrs Eliabewth Brumby /William’s Mother / took the child up and said “Oh! William I hope this will be a warning to you, not to play with Gun again!” he made no reply she carried the child to the Hut where its mother lived, William Brumby sat down by the side of me near the shop about a quarter of an hour, when his mother came up to him, and he said, “how is the child? is it dead?” she said “yes it is dead” he made no answer, but looked very sorrowful, he seemed too much affected by Grief to speak, he did not speak to m from the time his mother took the child away until she came back, he sat with his head upon his hands and his elbows upon his knees.
He did not appear angry with the children before he fired off the Gun, but appeared as good humoured and as jocular as people do in general when playing with children; he told me as
p77
soon as the Gun went off, he had only put a little powder into her to squib her off and frighten the children, I said “My God then it must have been loaded before!” he did not reply; after Willliam Whyte fell I measured the distance from the place where William Brumby stood to the spot where the child lay, it was six of my paces; his sister was close to him when he fell, after Mrs Brumby had carried the child away I picked up two small leaden shot that were lying on the ground exactly where the child had laid, they were small pigeon shot, I gave one of those shot to Mrs Brumby I do not know whom I gave the other, they appeared black as if they had lately came out of a Gun, they were not hot, after Mr William Brumby had fired off the Gun he set it down against the wall close by the door, and in the course of the evening I replaced it over the tie beams I am sure this is the same Gun; after Mr Brumby had fired off the Gun with this piece of Iron, he immediately laid it upon the forge where he had taken it from, I am certain this is the same piece of iron, I removed it on Wednesday evening from the Forge and put it on the tie beams close to the Gun
p78
and took it from there this morning; I never saw Mr William Brumby fire or Squib off his Gun to start or frighten children before Wednesday, I said nothing to Mr Brumby whilst he was putting some powder on the touchhole of the Gun, I supposed he was only going to frighten the children, I do not know that Mr William Brumby had any quarrel with the father or mother of those children. I never saw him beat either of the children, he appeared very fond of them, he used to take them about the farm with him; I did not hear the report of any other Gun or fire arms at the time that the Gun that Mr Brumby held was discharged. The children did not move when Mr Brumby pointed the Gun out of the door, I never told him that the Gun was or was not loaded, both the children ran in and out of the shop whilst Mr Brumby was casting bullets, I do not recollect if either of them went in after William Brumby ran after the Girl.
/signed/ Thos Robjeant
Sworn before me at Norfolk Plains this twentieth day of January 1826
PA Mulgrave Coroner
p80
Cornwall
Van Diemen’s Land
To Wit
The information of Mr Richard Jordan, who being sworn saith, I am a settler and reside at Norfolk Plains, between three weeks and a month ago, I took this stock and Barrell of a fowling piece, my property, to the farm of Mr William Brumby on the Lake River, and delivered it to Thomas Robjeant for the purpose of fitting the lock to it, which I had previously left with him to repair, I told Robjeant to be careful of the Piece for it was loaded, I did not tell him what it was loaded with; I loaded it about two months ago with powder and small leaden shot; I did not see the Gun form the time I left it with Robjeant until this morning, the barrel and stock are worth five pounds; the shot now shewn me is of the same size and those with which
p81
I loaded the Gun before I delivered it to Robjeant.
/signed/ Richd Jordan (not actual signature)
Sworn before me at Norfolk Plains this twentieth day of January 1826
PA Mulgrave coroner
p82
Cornwall
Van Diemen’s Land
To Wit
The information of Mrs Elizabeth Brumby who being sworn saith, I am the wife of James, and the mother of William Brumby, and live on the farm of the latter upon the Lake River behind Norfolk Plains, Thomas Robjeant is a Blacksmith employed by William Brumby,and has lived upon his famr about two years; Elizabeth Watson the mother of William Whyte, has lived in a Hut upon my son’s farm for the last eight months, she had anther child Ann Shyte, and an infant, who also lived with her; some time in the afternoon of last Wednesday my won William came to the back door and cried out “Oh! mother dear, I have shot William Whyte” he then turned from the door and ran towards the Blacksmith’s shop I ran to the Hut where Elizabeth Watson lived, supposing the child might be there, I saw Elizabeth Watson at the door tearing her hair, I went to her, saw no child there, and went immediately to the Blacksmith shop, William Brumby and Thomas Robjeant were close by the shop door, William Qhyte was lying, I do not know whether on his face, back or side, within two or three yards of the door; he was breathing, I took him in my arms and ran with his to his mother’s Hut, I met her on the way, I took the child into the Hut, and laid him upon a table, I took off his clothes and saw the marks as if of a number of shot, more about his loins and left hip than any other part; the wounds bled very little; I took three small shot out of the waistband of his trowsers, they were of the same size as the shot now shewn me, I gave these shots to his mother; the child did not live more than two or three minutes after I took him into the House, I moistened his lips still he was dead; I did not take his clothes off till he was dead, my son William always expressed the greatest affection for William Whyte, and the child followed him wherever he went about the presmies, I never knew of any quarrel between
p83
Thomas Robjeant and Elizabeth Watson, I never heard Thomas Robjeant complain of Mrs Watson’s children, or heard that he had beat them; I never knew that my son William was in the habit of fireing off his Gun to frighten William Whyte, or any other Person.
Elizabeth X Brumby
her mark
Sworn before me at Norfolk Plains
this twentieth day if January 1826
PA Mulgrave coroner
p84 RALLFORD 1822 watermark
p85
Cornwall
Van Diemen’s Land
To Wit
The information of Elizabeth Watson who being sworn saith I am the mother of the deceased William Whyte we had lived together upon the farm of Mr William Brumby upwards of six months, I know nothing of the cause of my child’s death, I did not hear of it until Mrs Elizabeth Brumby came to my house last Wednesday, I had just before sent my children out to play, and had heard the report of a piece, I was standing at the Wash Tub at the time, I am sure Mr William Brumby was as fond of my child William Whyte as if he had been his won, I am sure he would not have intentionally hurt a hair on hiss head, he had frequently taken the child out of his bed to play with him, I never had any difference with Thomas Robjeant.
signed Elizabeth X Watson
her mark
Sworn before me at Norfolk Plains
this twentieth day if January 1826
PA Mulgrave coroner
p86
Mr John Smith being sworn saith, I am a Surgeon and reside in Norfolk Plain, I knew the deceased William Whyte, he was the son of Elizabeth Watson, he was between six and seven years of Age; I know he has resided on Mr William Brumby’s farm for some months past with his mother, I have carefully examined his body and find between fifty and sixty wounds, apparently inflicted by small shot, upon his left side, in the abdomen, on the spine, and in the left breast, there is one shot wound upon the left breast, which is more than five inches deep, and directed towards the heart, which wound would of itself have been sufficient to have caused instant death, there are more than twenty similar wounds on the left side, most of which I have probed, but could not reach the shot, these together would also have occasioned instant death; I extracted one small leaden shot form the spine, which I delivered to the coroner, the wounds upon the left breast and side as well as those upon the loins appear to have been made by shot of a similar description. I have attended the Family of Mr William Brumby professionally for the last six months, I have frequently seen him exhibit marks of strong affection for the deceased William Whyte I have known Mr William Brumby for these last ten years and never saw him in a passion in my life.
‘signed’ John Smith
Surgeon
Sworn before me at Norfolk Plains
this twentieth day of January 1826
PA Mulgrave
coroner
p87
The voluntary statement of Mr William Brumby who saith, I was making some leaden Balls in a Blacksmith’s Shop on my Farm last Wednesday afternoon, the deceased William Shyte, and his sister Ann Whyte, ran away with some of my Balls, I fetched the girl back and took two from her, I saw a Ball lying by Thomas Robjeant’s feet who was sittign near the shop door, William Whyte pointed to that Ball and said something, I continued to make Balls for a few minutes afterwards, the little girl came into the shop again, I put a little gunpowder on the ground and put the end of this iron, which was hot, to it, the powder blazed and the little girl ran out of the shop, I returned the iron into the fire and took down this fowling piece from two tie beams in the Shop and sprinkled a few grains of gunpowder out of a powder flask into the Barrell, I then put a little Gunpowder upon the touch hole, at this time, Thomas Robjeant was sitting on a stone outside, and on the left side of the door, William and Ann Whyte were a few paces on the right from the door, I held the Gun in my left hand pointed it out at the door, and put the hot end of this iron to the powder on the touch hole, the Gun went off, and immediately saw William Whyte lying upon the ground, about three paces from where I had seen him stand before I put the iron to the touch hole, and nearer to the house where his mother and he live; I immediately sung out “my God I have shot the child”, I went down to my house and told my mother what had happened, I then returned to where the child lay, my Mother come and immediately carried
p88
William Whyte to his mother’s house. I never imagined the Gun was loaded, or gave it the least thought in the world; Thomas Robjeant was making a grindstone with a chisel and a hammer at the time the Gun I held went off.
‘signed” Wm Brumby
Taken before me at Norfolk Plains
this twentieth day of January 1826
PA Mulgrave
Rex vs William Brumby
manslaughter
Informations of
Thomas Robjeant
Richard Jordan
Elizabeth Brumby
Elizabeth Watson and
John Smith also
examination of
William Brumby
delivered 21st January 1826
p89
Cornwall
Van Diemen’s Land
To Wit
An inquisition indented taken at the House of Mr Edward Bailey at Norfolk Plains in the said County this twentieth day of January in the sixth year of the reign of our Sovereign Lord King George the Fourth before one Peter Archer Mulgrave Esq Coroner of Our Lord the King for the County aforesaid upon the view of the body of William Whyte an infant seven years of age then and there lying dead upon the oaths of Messrs Charles Brown Hardwicke, Charles Reid, Wickham Whitchurch, William Keating, James Davy, Edward Bailey, William Griffiths, John Bonney, John Herbert, Henry Wilkinson, John Cox and William Roche
good and lawful men of Norfolk Plains aforesaid in the aforesaid County who being sworn and charged to enquire on the part of our said Lord the King when where how and after what manner the said William Whyte came to his death, do say upon their oath that William Brumby of the lake Plains Gentleman on the Eighteenth day of January in the sixth year of the Reign aforesaid about the third hour in the afternoon of the same day, with force and arms, at the lake Plains in the county aforesaid in and upon the aforesaid William Whyte there further? being in the Peace of God and the said Lord the king did make as assault and that the aforesaid William Brumby then and there with part of a certain Gun or Fowling Piece said of the value of five pounds, part of a gun or fowling piece, loaded with gunpowder and shot which he the said William Brumby then and there held in his left hand, the aforesaid William Whyte [??] did shoot
p90
involuntarily and gave to the said William Whyte there and there with part of a Gun aforesaid in various parts of his Body, videlicet, upwards of fifty gunshot wounds in the left side, in the abdomen, in the spine, and in the left breast of the said William Whyte; that one of the said wounds in the left breast of the said William Whyte was upwards of four inches deep, and must have caused immediate death, and that more than twenty similar wounds were inflected in the left side of the said William Whyte by the shooting aforesaid , of which said mortal wounds the aforesaid William Whyte then and there instantly died, the jurors aforesaid upon their oath aforesaid ado say that the said William Brumby then and there involuntarily killed and slew the said William Whyte against the Peace of our said Lord the King his Crown and Dignity.
And the jurors aforesaid upon their oath aforesaid further say that the said William Brumby by killing and slaying the said William Whyte in manner and form aforesaid committed the offence of manslaughter.
p91
In witness where of as well the aforesaid coroner as the jurors aforesaid have to this inquisition put their hands and seal the day and year and at the place first within mentioned
CH Hardwicke [signed]
Charles Reid [signed]
Wickham Whitchurch [signed]
Edward Bailey [signed]
William Griffiths [signed]
William Keating [signed]
John Cox [his x mark]
John Boney [his x mark]
William Roche [his x mark]
James Davey [his x mark]
Henry Wilkinson [his x mark]
John Herbert[his x mark]
PA Mulgrave
coroner
p92 [final copy below of previous inquest]
Cornwall
Van Diemen’s Land
To Wit
An inquisition indented taken at the House of Mr Edward Bailey at Norfolk Plains in the said County this twentieth day of January in the sixth year of the reign of our Sovereign Lord King George the Fourth before one Peter Archer Mulgrave Esq Coroner of Our Lord the King for the County aforesaid upon the view of the body of William Whyte an infant seven years of age then and there lying dead upon the oaths of Messrs Charles Brown Hardwicke, Charles Reid, Wickham Whitchurch, William Keating, James Davy, Edward Bailey, William Griffiths, John Bonney, John Herbert, Henry Wilkinson, John Cox and William Roche
good and lawful men of Norfolk Plains aforesaid in the aforesaid County who being sworn and charged to enquire on the part of our said Lord the King when where how and after what manner the said William Whyte came to his death, do say upon their oath that William Brumby of the lake Plains Gentleman on the Eighteenth day of January in the sixth year of the Reign aforesaid about the third hour in the afternoon of the same day, with force and arms, at the lake Plains in the county aforesaid in and upon the aforesaid William Whyte there being in the
p93
Peace of God and the said Lord the king did make as assault and that the aforesaid William Brumby then and there with part of a certain Gun or Fowling Piece said of the value of five pounds, part of a gun or fowling piece, loaded with gunpowder and shot which he the said William Brumby then and there held in his left hand, the aforesaid William Whyte [??] did shoot involuntarily and gave to the said William Whyte there and there with part of a Gun aforesaid in various parts of his Body, videlicet, upwards of fifty gunshot wounds in the left side, in the abdomen, in the spine, and in the left breast of the said William Whyte; that one of the said wounds in the left breast of the said William Whyte was upwards of four inches deep, and must have caused immediate death, and that more than twenty similar wounds were inflected in the left side of the said William Whyte by the shooting aforesaid , of which said mortal wounds the aforesaid William Whyte then and there instantly died, the jurors aforesaid upon their oath aforesaid ado say that the said William Brumby then and there involuntarily killed and slew the said William Whyte against the Peace of our said Lord the King his Crown and Dignity.
And the jurors aforesaid upon their oath aforesaid further say that the said William Brumby by killing
p94
and slaying the said William Whyte in manner and form aforesaid committed the offence of manslaughter.
In witness where of as well the aforesaid coroner as the jurors aforesaid have to this inquisition put their hands and seal the day and year and at the place first within mentioned
CH Hardwicke [signed]
Charles Reid [signed]
Wickham Whitchurch [signed]
Edward Bailey [signed]
William Griffiths [signed]
William Keating [signed]
John Cox [his x mark]
John Boney [his x mark]
William Roche [his x mark]
James Davey [his x mark]
Henry Wilkinson [his x mark]
John Herbert[his x mark]
PA Mulgrave
coroner
p95
Inquest on the body of William Whyte
p96 (January 1826 in pencil)
Cornwall
Van Diemen’s Land
To Wit
The information of John Crowther a convict who being sworn saith I am a Constable I was passing the House of Chief Constable George Lawson this afternoon, James Hopkins was passing in Custody of McQuin a Private in the 40th Regiment of Foot close along side of me when Mrs Feutrill came up to me I immediately felt myself wounded in the upper and back part of my right thigh and I immediately saw the said Mrs Feutrill withdraw her hand from that part of my body, in which she held a two pronged table fork, as she withdrew her hand she said you are the murdering scoundrel that has killed my child.
William Dodds came up, laid hold of Mrs Feutrill and as she was in the act of repeating her blow laid hold of her hand and said he is a Constable Mrs Feutrill replied I do not care I know he is the man, I put my hand to the place where I felt I had been wounded and found that the blood had penetrated through my trowsers, the stain of blood now upon my trowsers was not there before I felt the blow and saw Mrs Feutrill withdraw her hand from that part of my body, I did not speak to her or give her
p97
any provocation to strike or stab me.
John Crowther (signed)
Sworn before me at Launceston this twenty first day of January 1826
PA Mulgrave JP
The information of William Dodds a convict, being sworn saith, this afternoon I was in the Street of Launceston near Mr Lawson’s House, I saw Constable John Crowther walking on the pathway beside a soldier belonging to the 40th Regiment, who was conveying a man named James Hopkins to the Police Office, I saw Mrs Feutrill pass Crowther and after she had passed him heard her say which is him that has murdered my Child. I did not hear any one answer Mrs Feutrill she then run towards Crowther and struck with her right hand at the lower and back part of his body. I did not see what part of Crowther Mrs Feutrill struck, or that she struck him at
p98
all – immediately she struck at him I laid hold of her round the waist, and said that is not one of Jeffries party he is a constable, Mrs Feutrill replied I am very sorry if I have done anything wrong, if he is not one of the party, immediately Mrs Feutrill struck at Crowther he put his hand to the hind part of his right buttock and said what did you do that for I immediately observed blood upon his trowsers over that part of his body – I saw no fork or other sharp instrument in the hands of Mrs Feutrill when I laid hold of her. The man who was in custody of the soldier was supposed to be one of the Gang who in company of said Thomas Jeffries had recently committed several murders and Robberies.
William Dodd (signed)
Sworn before me at Launceston this twenty first day of January 1826
PA Mulgrave JP
The information of Alexander McNabb Esquire, Physician, who being sworn saith I have examined the person of John Crowther a constable and found two small punctured wounds about half an inch apart on the side of the right hip rather lower down than the articulation of the joint, they were recent wounds, there were marks of blood around the margins of those wounds, which I probed and found where
p99
were about three quarters of an inch deep. The wounds must have been inflicted by a sharp pointed instrument and might have been made by the two pronged fork now produced.
Alex Mc Nabb (signed)
Sworn before me at Launceston this twenty first day of January 1826
PA Mulgrave JP
The information of Mr George Lawson Chief Constable and being sworn saith I searched the house of Mrs Ann Feutrill and found this two pronged fork lying upon a Table facing the door and immediately brought it to the Police Office a man named White was in the house. I did not see Mrs Feutrill
George Lawson (signed)
Sworn before me at Launceston this twenty first day of January 1826
PA Mulgrave JP
The statement of Mrs Ann Feutrill who saith I have reason to believe that one of my Grand children was
p100
murdered a short time ago by Thomas Jeffries when I saw Constable Crowther going along the street nesar my House this afternoon some Person cried out here is Jeffries and his man I ran out of the House with a Fork in my hand and said which is he who has murdered my child I will have blood from him some one said it is the tall one I then struck at Crowther with the Fork supposing he was the man who hand killed my Grandchild Crowther turned round and said you are mistaken I am not the man I replied if you are not the man I am very sorry for it.
Taken before me at Launceston this twenty first day of January 1826
PA Mulgrave JP
p101
[RALLFORD 1822 watermark]
Rex vs Ann Feutrill
21 Jan 1826
shorthand symbol + J Horn esq
2nd January 1827
shorthand symbols x 6
p102 [& to be copied in pencil]
The information of Joseph White who being sworn saith I am free and reside in Launceston on Friday last the twentieth day of January instant I was acting as an extra Constable in search of Bushrangers about eight o clock in the morning of that day I was at a Hut at Spring Plains belonging to Joseph Lowe of Launceston Joseph Railton Mr Lowe’s Shepherd lived at the Hut, Joseph George Pyle Francis Howe James Howe two soldiers and I was accompanied by George Pyle and two soldiers one of them is named Dwyer the other Robert Stubbs, Francis Howe and James his Brother were in the Hut when we went up to it as well as a party of three soldiers and one Constable the three soldiers and Constable went away as soon as we arrived, the two Howes are Shepherds in the Service of Mr Lowe, about two o clock on that day Dwyer, Stubbs, the two Howes and I were lying down upon some wool in the Hut. I believe they were all asleep except myself I had been sleeping George Pyle was preparing a fire to bake a damper outside the Hut, our muskets were lting by our sides, when some one cried out “come out, one by one” three or four times, I looked out and saw two Men standing close to a large Tree, they had muskets in their Hands pointed towards the hut, I said come down my lads it is all right, I thought it was a party of soldiers or Constables, one of them again said “come out one by one or I will fire
p103
at you through the hut” the men in the Hut arose up, Dwyer said that’s Jeffries, do not be alarmed and fixed his bayonet the other soldier Francis Howe and I took up their musket, I could not get mine because Dwyer was either standing or lying upon it.
I ran our of the Hut about four or five yards to the left, a shot was fired from one of the Men at the Tree and Stubbs fell, Dwyer cried out come out from the back of the tree, the Bushrangers fired again, Stubbs who had got up and was fixing his Bayonet received another Shot and fell a second time, I do not know what Dwyer, Pyle, or either of the Howes’ did, I do not know what took place after Stubbs fell a second time, I did not see the Bushrangers go into the Hut, a few minutes afterwards, I ran up to Dwyer who was running from the Hut and about two hundred yards from it, I looked round and saw Stubbs and James Howe coming towards us from the Hut, Stubbs had a bayonet in his hand Dwyer and I stopped until they come up to us, Stubbs said Dwyer do not leave me I am wounded, we made the best of our way to Mr Ralston’s, Mr Ralston gave me a musket, Dwyer, James Howe and I went towards Lowe’s Hut, when we had got about a quarter of a mile from Mr Ralston’s Mr
p104
Ralston called us back, we were returning when he said go on again, I then saw Pyle and Francis Howe approaching Mr Ralston’s Hut, Franics Howe called out to us to stop, we did so, he ran up to us and joined our Party, neither him not his Brother were armed, we went to Lowe’s Hut, there was not person in the Hut, my musket and Stubb’s musket had been taken away, a fowling piece belonging to Pyle and one belonging to Howe were broken to pieces, and lying outside the Hut; there was a musket lying near the Hut the breach pin of which had been drawn out, and was lying along side the musket, I supposed that the musket had been left there by one of the Bushrangers. I have know Thomas Jeffries upwards of six months, I do not know whether he was one of the men who stood close to the Tree and fired into Lowe’s hut, I did not take particular notice of either of them.
When I ran out of the Hut, I left about ten pounds of Flour tied up in a pair of drill trousers belonging to me and about three pounds of sugar in a small Bag in the Hut, those articles were gone when I returned to the Hut;
[no more text]
p105
Mr Anthony Cottrell
saith I am a Settler and reside on the River Nile on Saturday evening, last the twenty first day of January instant I accompanied Mr Dark, a man named Bull another named Bruce and a black Boy Mr Cox’s Servant and Lawrence Eagen? a free man then in my service in pursuit of Bushrangers; the next morning at day light we were at Mr Davis’s stock Hut on the said River, there were eight armed men in the Hut six of whom were in pursuit of Bushrangers the other two were stockkeepers residing at the Hut, about half past six o clock Mr Cox’s black Boy said there is a man gone behind a gum Tree, we all went out of the Hut I immediately saw Thomas Jeffries a Bushranger standing close to a large Tree upwards of a hundred yards from the Hut he had a musket in his Hand, we all ran towards him he cried out will you give me quarters several voices cried out yes “quarters, quarters” “Lay down your arms” he threw a musket & this pistol upon the ground. Joseph Shear and William Parsons were the foremost of the party they ran to him and secured him, we took him to my House and from thence to Mr Cox’s the magistrate, where he was hand cuffed and sent from thence to Launceston under the charge of Mr Dark and his Party.
Anthony Cottrell (signed)
p106
Joseph White
2 x shorthand symbols Hopkins
20th January
1826
(bushrangers – underlined in pencil)
p107
Woolmers ½ past 10 – am
21st Feby 1826
Sir,
On my arrival here about an hour & half ago I found Mr Robert Lawrence, and have taken his information, respecting the outrage committed by the Bushrangers at the Farm of Mr W E Lawrence yesterday evening – I beg to enclose it for your Excellency’s information and request, as there is not time to make a Copy of it you will be pleased to let it be handed on to the superintendent of Police at Launceston when your Excellency has done with it –
I have the satisfaction of stating to your Excellency that a Party of nine Horsemen and five men on foot will start in about half an hour in search of these wretches – Mr Hardwicke and Mr Clayton the two district constables lead the Party.
His Excellency
Lt Govr Arthur
& & &
p108
and they are accompanied by Thomas Broadfoot, Mr Lawrence’s overseer who I am happy to say is not? worse for the wound in the forehead he received by a slug from Brady’s Gun – I have impressed upon the Persons comprising? this party the necessity of thus? acting? promptly and vigorously and as they are all volunteers and many of them well acquainted with the part of the country where these Ruffians were last seen, I am rather sanguine in my hopes of their success.
I shall not fail to apprise Your Excellency of what further I may hear on the subject & have? ??? ??? & remain ( a has?)
Sir
Your Excellency’s
Most Obedient
Humble servant
Thos: Archer JP
p109
Van Diemen’s Land
The information of Mr Robert William Lawrence who being firstly duly sworn saith, yesterday afternoon about half past three o clock Brady and his Gang, consisting of Murphy, Bryan, Cody, and four others whose names I did not learn came to the House upon the Farm of Mr W.W.E. Lawrences on the Lake River, where I was residing; and entering the House found George Moran, one of Mr Lawrence’s assigned servants and asked him if there was any other Person in the House – he replied not, on which they made him their prisoner – At this time I was bathing in the Creek, and was surprised at seeing a man who I afterwards found to be Murphy without about 6 yards presenting a musket at me – he said, come young fellow, you have a Gun with you? I took the Gun, and asked him if the Bush-rangers were taken – to which he replied, No – but I am one – he then took my Gun & made me walk before him to the House, where I saw the others – the observed to Brady – “This young b—-r was going to shoot at me at first” – Bryan replied “well, we will mark him like the rest of our stock – we will have his ears off” – I was then put into the kitchen with fifteen or sixteen more prisoners – after a short time, Bryan came in and desired me to go and cut some Meat and cook it for their prisoners: – after which, they having discovered a secret place in the Floor where the win and spirits were concealed – Murphy brought in several bottles of Rum, & made us all drunk of it – I was afterwards outside the door and Bryan came up to me giving me a shake, & feeling in his pocket for a knife to cut my ears, when Murphy came up and desired him to leave me alone saying yes “he is not to blame” – I heard two shots fired while I was in the kitchen, they told me that Bromsgrove had been wounded by Brady, but that if that did not kill him he should not live six months as his character was so bad all over the Country for ill treating the men. They were a long time turning the Things about in the House and after that they made us all leave the House & presenting a musket they declared they would put a ball through the head of any one who did not collect and bring straw to the house – which we were compelled to bring into the Rooms – and when they were nearly filled with it – Bryan gave me a push with his Musket, saying – go in – and we will burn you and the House together – Murphy who just then came up with a light – said that I ought not to be hurt – and Brady desired Bryan to let me alone – Murphy then put fire to the straw, and the whole building was immediately in flames – one of them observed “we will leave the stable for the men to live in” – another observed in reply, no no – they have a Hut – they then set fired to the stable and to four or five stacks of wheat and Brady also some vats, and a stack of Hay – – As they were going off, which they did in about
p110
a quarter of an hour after setting fire to the Buildings and stacks in passing an enclosure they saw the Horse upon which Bromsgrove had been riding, and one of them remarked that he had no doubt that Fellow was settled – one of them then mounted the Horse and they went away. I believe toward the Mountains – – while we were prisoners in the kitchen they took some of the men to assist in catching other horses – they caught three, besides Bromsgroves, all of which they took away with them – I observed that they had one new Bridle which did not belong to Mr Lawrence.
They appeared very inveterate against Bromsgrove, and two others of Mr Lawrence’s Servants named Chard and Kimble, declaring that they would kill them – – They filled about six sacks with various Articles, among which was a sack filled with onions, and which they said they should taken to their Farm – They laid their sacks on the Horses and led them away; only one of the Party being on horseback – During the whole time they appeared quite cool and collected, & went about every thing very leisurely and methodically – It wanted about an hour to sunset when they went away, and I immediately proceeded on Foot to Mr Brumby’s where I got a horse, and went to Woolmers to give information of the above particulars.
RW Lawrence
Sworn before me at Woolmers
Van Diemen’s Land this
21st day of Feby 1826
Tho: Archer
JP
CONNOLLY Ellen(prisoner) HOUNSLOW Samuel(Prisoner) 6 March 1822 Launceston Tasmania
http://www.rootsweb.ancestry.com/~austas/marrig.htm
CONNELLY, Ellen. Per “Janus”, 1820
1820 May 16
On list of convicts transhipped from the “Janus” to the “Princess Charlotte” and forwarded to Hobart (Reel 6007; 4/3502 p.37)
http://colsec.records.nsw.gov.au/indexes/colsec/c/F12c_com-con-04.htm
| frances Munro (View posts) |
Posted: 7 Jul 1999 12:00PM GMT |
Classification: Query
Surnames: Connolly, Hounslow
Looking for any info on Samuel Hounslow/Hownslow,convict,
m. Ellen Connolly/Connelly(convict) 1822,Launceston,Tasmania
Dau. Ellen Hownslow b.1821, Launceston.
Samuel d.1854, Hobart,Tasmania.
Need info on other children(if any),Convict info for both Ellen and Samuel, their place of borth etc.
http://boards.ancestry.co.uk/localities.oceania.australia.tas.general/549.756/mb.ashx
marriage
HUDSON Thomas(clerk) VINCEY Ann HOUNSLOW Samuel(Prisoner) CONNOLLY Ellen(prisoner) 6 March 1822 Launceston Tasmania tassiegw@start.com.au
http://www.rootsweb.ancestry.com/~austas/mw2.htm
http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON40-1-1,380,239,F,20
convict record above.
And
http://search.archives.tas.gov.au/default.aspx?detail=1&type=I&id=CON40/1/1
From:
Manuscript 3251 National Library of Australia. Echoes of Bushranging days.
Vol 1826
p111 Feb 26 in purple pencil
Cornwall
Van Diemen’s Land
To Wit
The information of Ellen Hownslow who being first duly sworn saith I am the wife of Samuel Houndslow and reside with my husband in a Hut under the Western Mountains at the back of Norfolk Plains, my Husband is a servant of William Saltmarsh’s and has charge of his cattle- yesterday week the 27th of January last, my husband went to the Hut upon the stock farm of Mr Abraham Walker about four miles from our Hut, and whilst he was away William Haywood a servant of Mr Joseph Archer’s came to our Hut and enquired where Sam my Husband was, I told him he was gone to Walkers Hut, William Haywood remained with me all Friday night and my Husband did not return home – On Saturday morning he got up and as he was making up the Fire we heard a Gun go off, Haywood said I wonder who that is firing, I replied that I did not know who it was without it was Mr McRae a settler who lived within a mile of our Hut, Haywood said if it is him I must not let him see me for he and I have had some words and I should not like him to see me off my Master’s Run and as Mr McRae was approaching our Hut, Haywood went and concealed himself under my Bed Mr McRae came in and remained some time and said he had been firing at two ducks in the Swamp, Mr MC Rae then went away and Haywood
p112
sat down with me intending to have some breakfast – whilst we were sitting at the Table Mr McRae came again to our Hut and said to Haywood “Billy are you here” Haywood said yes Mr McRae said that if Haywood did not keep off the Run, he would report him to Mr Archer, they had several words on the subject and Mr McRae again went away shortly afterwards William Haywood went also, Mr McRae came a third time to our Hut and let his sheep out of our yard and watched them about the place as he said he expected Mr claytons shepherd down to draw some sheep out that had joined his Flock – whilst Mr McRae was sitting with me he said he was afraid of William Haywood doing him some injury for having accused him of stealing some of his Sheep some time ago, and that Haywood had told him then that he would be revenged of any one who did him a private injury it if was ten years afterwards, and Mr Mc Rae then said to me I will for the future always call here as I go round my run and the same coming back so that if you do not seem me come back after going round my run, I beg of you to report my being missing in order that my Body may have some Christian burial in the event of my being killed, Mr Mc Rae remained and took some dinner with me and was just cutting some tobacco to fill his pipe when William Haywood came briskly into the Hut and said my God what an accident has happened to one of Sam’s heifers, Mr McRae said what has happened, Haywood replied that it had got bogged in Mr Clayton’s creek and that he and another
p113
man of Mr Archer’s had been trying to get it out and could not without more help and a Rope. Haywood had his Trowsers tucked up and looed as if he had been doing what he said, Mr McRae immediately offered to go and assist and he and Haywood went away together, Mr McRae had a Double Barrelled Gun with him and Haywood had a musket which he always carried for protection against the natives, about half an hour after this I went out to get some wood and hear first one Gun go off then another and then a third quite quick one after the other – I returned to my Hut and having the toothach laid down on my Bed desiring my little Girl to keep watch about the Hut, about an hour after Haywood and Mc McRae had left the Hut Hwywood came back with his trowsers tucked up his sleeves the same and his legs and arms covered with mud, he told me to get up, I did so, I then said well did you get the heifer our of the creek Haywood said never mind the Heifer, I said where is Mr McRae, he said do not trouble your head about Mr McRae, I have settled the Scotch Bugger at last Haywood then placed himself alongside of me and drew a pistol from his breast and said to me holding it to the side of my head “now mind if you do not tell the story I am going to tell you when Clayton’s shepherd comes your life is not worth a halfpenny” I was much frightened and promised that I would say anything that he told me to say well then said he “When Clayton’s shepherd comes you must tell him that McRae came by your hut this morning and left apart
p114
of his sheep and that he then went home to his breakfast, that he came back shortly afterwards and went to look after some more of his sheep and came running back very soon threw his jacket off and took his Gun saying that the natives were up at the blind creek and that he went away in that direction and that you have seen nothing more of him” Haywood then went out and washed the mud off his arms and legs and came in again filled up his pipe and began to smoke, I went out to give some siftings to my fowls and as I turned round again to go back to the Hut, I saw a young Man with a musket and a Pistol and a pouch tied round his waist, he had also a knapsack on his shoulder – I exclaimed on seeing him Hello , how are you there, and I saw at once he was a Bushranger, he went into the Hut and took some Tea, Bread and meat, Haywood remained in the hut and conversed in a friendly way with him and I found from their conversation that the stranger had lived as servant with Dandy White and that Haywood had known him there; the stranger then went away taking some tobacco and some Gunpowder with him, William Haywood remained in the Hut and shortly afterwards Clayton’s shepherd whose name I do not know, but who goes by the name of Jack the Goatman came to the Hut and asked if Mr McRae was there, I then told him the story which Haywood had desired me to tell him – the shepherd then went away I appeared to be as friendly as ever with Haywood and said to him surely you have not left that poor
p115
man’s body for the crows to eat, he said the Bugger is laying in the long Grass and I will dig a hole for him and put him in in the morning in the course of conversation I asked him how it was that McRae had not taken a shot at him as well and Haywood then told me that as they were walking together he began to praise McRae’s Gun and that he asked McRae to let him measure which was longest in the barrel his Gun or McRae’s that McRae put his Gun into Haywood’s hands and that Haywood then ordered McRae to go a certain distance off him and say his prayers for that he had not long to live. Haywood said that he then shot McRae and afterwards shot his two Dogs which must have been the three shots I heard fired, I let the conversation drop and said nothing more about Mc Rae but was as civil and as friendly with Haywood as usual, being afraid that he would go into the Bush and watch his opportunity to kill me if he suspected I gave any information about him, night came on and I went to Bed with my little Girl, Haywood slept on a Bed in the Hut near the Door, I could not sleep and just at break of day, I saw Haywood get up take a spade and go out. I got out of bed and watched through the corner of the Door and saw Haywood proceed in the same direction that he and McRae had gone, I made a cup of Tea and afterwards raked the fire up just as it was then he went out and laid down on my bed again; about two hours afterwards Haywood came in and I saw that the spade was not quite dry and judged from that that it
p116
could not be too far off to the body, Haywood told me that he had been burying McRae as I was anxious that the crows should not devour his body, I told him I was glad he had done that – this was Sunday morning Haywood continued in the Hut and about the middle of the day one of Mr Walker’s shepherds called “Jem” came to the Hut and said “is it not a droll thing that McRae has not come home I called at his Hut and found the fire all out” Haywood made answer “the mistress can tell you about his” and I accordingly repeated the same story that I had told to Clayton’s shepherd, and the shepherd Jem said, he supposed the natives had go the upper hand of him and killed him, Haywood said God knows they killed one of Lawrence’s shepherd’s a few days ago – this lad Jem staid a short time and I could not get an opportunity of speaking to him in the course of the next day, Jem came again to the hut and I said to Haywood I wish you would chop me some of that wood for the fire, he said yes and went out to do so and while he was out I had just time to whisper Jem to tell Clayton’s shepherd to go immediately to his master at Norfolk Plains and tell Mr Clayton to come out with a strong party as my life was in danger and if any one was at the Hut when he came to call me out of the Hut Haywood then came in and Jem shortly afterwards went off saying that he would go and look after his cattle, this was Monday, about an hour afterwards Jem came again whistling by the Hut, he came in and sat down and just then two cows got into my garden and
p117
Haywood went out to drive them back Jem then said that Clayton’s shepherd would not go down without he knew what he had to tell his master I then told him to say that Brady and his gang were coming repeatedly to the Hut and that I considered my life in danger Haywood remained at the Hut Monday night and all day on Tuesday and Tuesday night – about eight o clock my Husband and a Man named Western (Weston?) came in on Wednesday morning William Haywood left the Hut and I told Western the particulars and desired him to go at once to Henry Clayton and report it to him, on Thursday morning Mr Joseph Archer and Mr Lawrence’s overseer came to our Hut and shortly afterwards some soldiers came up with Haywood handcuffed and took him away to Norfolk Plains; I think I can find the place where Mr McRae is buried, these five Books and this knife are the property of the late Mc McRae – I heard the late Mr McRae say last Saturday morning that he had about three hundred and fifty sheep, these are now at my Hut some sugar a jacket a shirt and a plaid belonging to the late Mr McRae
Ellen Houndslow’s mark
X
Sworn before me this 4th day of February 1826 at Woolmer’s
Van Diemen’s Land
signed
Tho: Archer JP
p118
The information of Ellen Houndslow who being first duly sworn saith this spade has been in use at Saltmarsh’s Hut where I resided upwards of eighteen months it was always kept in the Hut and used as a fire spade, I swear it was this very spade which William Haywood took out with him on the morning after he had murdered Mr McRae /namely the Sunday morning/ and which I saw him bring back again to the Hut with some wet sticky soil upon it and he then told me he had been burying McRae I have not seen Clayton’s shepherd since he came down to the Hut on the day Mr McRae disappeared I have not seen Jem/Mr Walkers Shepherd/ since I sent him with the last message to Clayton’s shepherd on the Monday after Mr McRae’s disappearance, I have not seen John Western (Weston?) since the Wednesday morning after Mr McRae’s disappearance when I told him to go to Henry Clayton to report what had taken place. haywood had his musket with im when he left our Hut with McRae but he did not bring it back with him, I do not recollect any thing further.
Ellen Houndslow’s mark X
Sworn before me this 17th day of February 1826 at Woolmer’s
Van Diemen’s Land
signed
Tho: Archer JP
p119
Cornwall
Van Diemen’s Land
To Wit
The information of Samuel Houndslow who being first duly sworn saith I am a servant of Mr William Saltmarsh’s and reside upon his stock farm under the western mountains behind Norfolk Plains; about an hour before sunset on Friday the 27th day of January last, I left my Hut with some cattle which I was going to take down to my master’s farm at Norfolk Plains, I passed by Mr McRae’s Hut and saw him and Mr Clayton’s shepherd /who goes by the nick name of John the Goatman/ getting some sheep into the yard, I went on as far as Mr Abraham Walkers Stock Farm about four miles and a half from my Hut and there I stopped that night, there were three of Mr Walker’s men in the Hut, two of whom are named James and one Sam, I do now know their surnames – on Saturday morning the 28th of last month I left Mr Walkers Hut and got to Mr James Davey’s about twelve or on o clock I stopped to get some refreshment and went on in the evening to my master’s farm, where I remained Saturday night, Sunday, Sunday night, Monday and Monday night and on Tuesday morning between eight and nine o clock I set off on my way back to my Hut, I called at Mr Walker’s Hut and there saw Mr Walker’s three men and Mr Clayton’s shepherd, but none of them said a word to me about Mr McRae’s disappearance, I went on to Mr McRae’s Hut and there saw a man named John Western who told me he thought
p120
Mr McRae has lost and had been killed by the natives; and said his reason for thinking so was from what my wife had told him, Western said that he heard from my wife that Mr McRae had not been seen since Saturday which was the day after I left my Hut to go to Norfolk Plains, it was just dark when I arrived at Mr McRae’s Hut and when I left it on my way home John Western accompanied me – when I got home which might be about nine o clock on Tuesday night I found my wife and child and William Haywood a servant to Mr Joseph Archer there – as soon as I entered the Hut I asked my wife when she saw Mr McRae last, she told me that he came into my Hut on the morning of Saturday the day after I left home, threw off his jacket took up his Gun and sent away saying that the natives were up at the blind creek which is within a short distance of my Hut and that she did not see him afterwards, William Haywood was present but did not say a word, I had no conversation with Haywood I went to bed very shortly after I got home Haywood was then sitting on a spare bed place in the room, when I awoke in the morning about six o clock Haywood was gone and I do now know how long he remained in the hut after I went to bed my wife did not say anything further to me that night, nor did I observe that she was agitated or uneasy I have heard Mr McRae say that he had every reason to believe that William Haywood had stolen some of his sheep and that he had accused Haywood of having done so, Mr McRae never told me that he was apprehensive of William
p121
Haywood doing him any personal injury the last time I saw Mr McRae was on Thursday the 26th January the day before I left home for Norfolk Plains he came to my Hut to give me two Letters to take with me, Haywood has frequently called at my Hut and I do sear that after he returned with the shorn sheep from his master’s farm on the lake River to the Stock Farm near my Hut he William Haywood did stop at my Hut all night two different times and these two different times that he slept at my Hut all night were within a fortnight or three weeks before I went to Norfolk Plains on the 27th January last – my wife told me the night I reached home that a Bushranger had been to the Hut and the next morning Wednesday I desired John Western to go and report it and he said he would go for Mr Fletcher the district Constable and inform him of it, but about an hour afterwards Western said he would go and report it to Mr Archer the Magistrate at Norfolk Plains – on Thursday morning the second of this month, I saw Constable Trumpeter and a soldier bring William Haywood by my Hut handcuffed but I did not know what offence he had committed not why he was taken in as a Prisoner nor did I know what he was accused of until I was brought before Mr Archer on Saturday last the 4rh of this month, my wife had not mentioned a word to me on the subject, I went out with a Party on Sunday morning last to search for the Body and after searching about in every direction on Monday last we found a spot where there was a quantity of Blood which from the appearance
p122
might have been there about ten or twelve days or perhaps a less time, we continued to march about and found a place where a person had begun to dig with a spade on the bank of the creek and a Man named Thomas Watson tried my spade on the place and found it fit the marks exactly, I saw it tired, in fact I tried it myself; close by the spot where the piece of earth had been cut out with the spade, there was a hole in the bed of the creek about eight or ten feet square and from observing the piece of ground cut our with a spade on the bank we thought the body might be in there but after a long search we could not find any thing of it, close to this large Hole there appeared to have been a large fire made within the last eight or ten days, but we could not discover anything there, we continued to search on Tuesday and on Wednesday, I did not go with the party having to look after the bullocks, Mr Davey and Constable Trumpeter continued to search on Thursday we returned to Norfolk Plains
Saml Houndslow’s
mark X
Sworn before me at Woolmer’s Van Diemen’s Land this tenth
day of February 1826
Tho Archer JP (signed)
p123
The information of Samuel Hounslow who being first duly sworn saith, this spade is mine I have had it upwards of three years, it was used at the Hut where I lived as a fire spade, I tried this spade in the hole in the back of the creek where the spit of earth had been removed, it fitted the hole exactly there was some blue clay on the back of it which appeared to have been on some time, the soil of the hole where the spit had been taken out was exactly of the same kind and colour as that on the back of the spade, the soil about the Hut where I lived is of a sandy nature.
Saml Hounslow’s mark X
Sworn before me at Woolmer’s Van Diemen’s Land this 17th
day of February 1826
Tho Archer JP (signed)
The information of Constable Richard Trumpeter who being first duly sworn saith on the morning of Thursday the second of February instant I apprehended William Haywood at his master’s Stock Hut under the Western Mountains, when I approached the Hut where this man lived I perceived a man running across the Hill, I desired him to stand he did so, I asked him where he was going to he said after a knapsack of William Haywood which was planted in the woods, he told me and Corporal Barrett who was with me that he was not the liar we wanted that Haywood was in the Hut – on Sunday last
p124
I went with Constable Gadsby, Mr James Davey, and some others to search for the body of Mr McRae on Monday last we found a place on the bank of the creek where a spit of earth had been dug out with a spade, I saw the spade which was brought from Saltmarsh’s Hut tried in the hole and it fitted exactly, there was a deep hole in the creek close to where the spit of earth had been taken out and a large fire had been made on the bank close by, we proceeded in further search and about eighty or ninety yards from the hole in the creek we found a spot where there was a quantity of blood upon the ground, we continued our search and on Tuesday evening we saw two of Mr Joseph Archer’s men near the hole in the creek on the opposite side, they went off when they saw us, we called them back and I found that one of them was the man who was staying with Haywood when I went to apprehend him and the other was a man who had been sent up in place of Haywood, after sometime and some conversation which Mr Davey had with them they went away – on Wednesday morning we went over to the other side of the creek where we had seen Mr Archer’s two men and after searching some time we found where a large fire had been made about a hundred yards from the hole in the creek we examined the ashes and found some remains of Bones almost entirely consumed with fire we brought home this small quantity, some sheep had evidently been driven backwards and forwards over the fire with a view to destroy the traces of it, It was evident that some person or persons had been raking the ashes
p125
seemingly with their fingers, I am quite sure it was not a bullock that had been killed where we found the blood, there were no marks of struggling, or of a heavy weight having fallen there nor any dung or hair we considered that the body had been burnt and therefore returned last night to Norfolk Plains, we left the space at Mr Saltmarsh’s Hut, we brought down two hundred and seven sheep belonging to Mr McRae also a jacket, a hat, a waistcoat, and some Sugar also a knife.
Richard Trumpeter’s mark X
Sworn before me at Woolmer’s Van Diemen’s Land this 10th
day of February 1826
The information of Constable Richard Trumpeter who having first duly sworn saith on Tuesday last I accompanied Mr Clayton district Constable by order of Mr Archer to Saltmarsh’s Hut to make further search and to sift the ashes of the large fire where the body of Mr McRae was supposed to have been burnt with a view to discover any Buttons or nails that might have belonged to the clothes or Shoes of the deceased, I sifted the ashes but could not discover a button or a hail, I found a few pieces of bone which Mr Clayton has in his charge, I brought the spade down form Saltmarsh’s hut, this is the Spade which we tried in the hole on the bank of the creek where the spit of earth had been taken out and which fitted the hole exactly, I observed some blue clay sticking
p126
to the bottom and the back of the spade and I observed particularly that the soil in the hole where the spit had been taken out was exactly similar to that on the spade, I found this hooked stick close by the Hole in the creek beneath the bank where the spit of earth had been taken out, it was in one piece when I found it and I broke it to carry it more conveniently Mr Clayton saw me break it there was no Tree from which this stick could have fallen within fifty yards of the spot where I found it, the grass round the large fire where the remains of Bones were found was burnt to the distance of about five or six yards and had then been put out apparently or it would have spread through the plains.
Richard Trumpeter’s mark X
Sworn before me at Woolmer’s Van Diemen’s Land this 17th
day of February 1826
p127
Cornwall
Van Diemen’s Land
To Wit
The information of Mr James Davey who being first duly sworn saith, I reside upon Norfolk Plains, last Saturday week the 28th of January last about the middle of the day Samuel Hounslow Mr Saltmarsh’s servant came to my House with some cattle belonging to his master, he remained to get something to eat and then went on to his masters farm and last Tuesday week he called again at my House on his was back to his master’s stock farm – on Sunday last I accompanied Constable Trumpeter and Gadsby and Samuel Hounslow with several others to the Stock Farm of Mr Saltmarsh for the purpose of searching for the Body of Mr McRae who was supposed to have been murdered in the neighbourhood, we reached the place on Sunday night and on Monday morning we went in search of the Body in the direction which Mrs Hounslow said she had heard the Guns fired; we examined the swamp and then the creek and on the bank of the creek I found where one spit of earth had been taken out with a spade and in the bed of the creek we observed a large hole, thinking that the body might be in this hole we searched it very narrowly but could not find it, we had brought the spade from Hounslow’s Hut and Hounslow tried it in the hole from which the spit of earth had been dug and it fitted the place exactly, I examined the spade and found on the back of it some earth of precisely the same kind as that in the hold from which the spit had been taken, the spade was an old spade that appeared
p128
to have been used about a fire, the earth on the back of this spade was a bluish clay, the earth about Saltmarshs’ Hut is of a light sandy nature, we saw close to this Hole the remains of a large Fire, a much larger dire than People who go fishing at night are accustomed to make, we then proceeded in anther direction and about two hundred yards from the spot where the earth had been dug with a spade and the remains of the fire and a hole in the bed of the creek were, we found a quantity of blood upon the Ground, this is a part of what we found there, there was a considerable quantity of blood in two places about a musket length apart and we week led to suppose that Mr Mc Rae might have been shot there and form thence conveyed to the Hole in the creek, we could not find the least vestige of Hair or offal nor any remains of clothing, we continued our search all Monday without success and on Tuesday we went again, and about three o clock in the afternoon we observed two men within about one hundred yards of the Hole in the Creek, on the opposite side to where we had found the remained of the Fire, when these two men perceived us they made off in an opposite direction, I called to them and they came up I found that they were two men of Mr Joseph Archer’s I asked them in they knew any thing of that fire or who made it, the tallest of the two said that he had made it himself, I asked him when and he said last Saturday was a week, Trumpeter than asked him whether he had heard any Guns fired that day, he said he did not, I was told by Trumpeter that this man who said he had made the Fire was the one who had been living with Haywood before
p129
Haywood was apprehended and Trumpeter said that when he and the Soldier went to apprehend Haywood they first Person they saw was this man and that when they commanded him to surrender this man said “I am not the man you want,” I asked the man what he meant by saying that; he replied that he knew he had done nothing wrong; before the man could make any answer, his comrade said, he knew there was something wrong by my coming up from my master that morning in a bustle, these two men then went away – from seeing them there without any stock I suspected that the body might be somehow near, the next morning, Wednesday, I went with constable Trumpeter over to the other side of the creek where we had seen these two men and within a short distance of the spot where they were when we first saw them I perceived that the top of the standing green tree had been burnt by a fire, this was on a place called Snake Island, I searched about and found where a large fire had been made in the fork of a large fallen tree, we overhauled the fire suspecting that the body might have been burnt there and found some remains of bones, here they are, they were longer and more distinct when we found them but have gone chiefly into powder since – the fire had certainly been overhauled by some persons before we got there and sheep had been driven backwards and forwards over it and what is remarkable is that the sheep did not appear to have been driven in any other part of the swamp or place called Snake Island; this last Fire was not more than one hundred yards from the hole in the creek * where the spit of earth was taken out of the bank and not more than three hundred yards form the spot where we found the blood and form the spot where the blood was to the hold in the creek – and thence to this last fire was nearly in a straight direction, we were now
p130
fully of opinion that the Body had been burnt and that further search was useless, accordingly we returned to Norfolk Plains last night – we left the Spade at the Hut of Mr Saltmarsh, we bought down from Saltmarsh’s hut, a hat, a waistcoat, a Rug, a coat, and a small quantity of sugar, and we bought down also from John Western two hundred and seven sheep and Lambs which Western said were all that belonged to Mr Mc Rae, the ear mark of these sheep is half the back of the right ear cut off a hold in the left ear and swallow tailed – I am quite sure if was not a bullock that had been killed where we found the blood, there was no marks of struggling nor of any very heavy body having laid on the ground not was there any Hair or dung, I am quite persuaded that it was on that very spot that Mr Mc Rae was killed the direction from Saltmarsh’s Hut and the distance from the Hut which is about a mile and a quarter to where we found the blood, quite agree with what Mrs Hounslowtold us, to guide us in searching for the Body.
James Davey’s mark X
Sworn before me at Woolmers
in Van Diemen’s Land this 10th day
of February 1826
signed Tho: Archer JP
p131
Cornwall
Van Diemen’s land
To Wit
The information of John Western who being first duly sworn saith, I am a free man and resided with Mr McRae at a Hut at the back of Norfolk Plains fro about ten months up to the time of his disappearance. I reside still in the same Hut, my sheep and Mr McRae’s run together and we used to mind the flock jointly, at the time he disappeared I had one hundred and forty wether rams and Lams and Mr Mc Rae had two hundred and ten sheep and lambs making in the flock altogether three hundred and fifty sheep and Lambs – when I returned to the Hut from which I had been absent on last Monday week the 30th January last, I found it quite deserted and there did not appear to have been a fire there for a day or two; I then went to Saltmarsh’s Hut where Hounslow lives to get some fire and to enquire about Mr Rae; Hounslow was from Home and I found at the Hut William Haywood and Hounslow’s wife and child I asked Mrs Hounslow when she saw McRae last, she said she had not seen him since last Saturday between ten and eleven o clock, that he came there on Saturday morning about six o ‘ clock brought some of the sheep there and put them in the yard, that he stopped in the Hut till near seven o clock then went home as he said to get his breakfast and collect the rest of his sheep as he said he expected Mr Clayton’s Shepherd jack the Goatman at three o clock to draw some
p132
of his Master’s sheep off that had joined; that he Mr McRae returned between ten and eleven of clock with a bout twelve sheep, went into the House in a bustle, threw down his jacket took up his Gun and said that he saw the natives up the blind creek and would go after them and that he then went away and she had seen nothing more of him; Haywood kept in the Hut all the time I was there and observed that People in the bush were always in danger of Natives and snakes and that the natives had been on his Run two nights before and that he had fired two rounds at them, Haywood also said that a man of Mr Lawrence’s had been killed by the natives about a week before. Haywood’s clothes appeared quite clean, I took some fire and went away leaving Haywood at the Hut the next day I went up the Blind Creek in search of Mr McRae but could find no trace of him, not could I see the least trace of the natives having been there and I do not believe they had been there on Tuesday night this 31st January last, I heard a noise of someone driving cattle across the creek and got up, shortly afterwards Samuel Hounslow appeared with some cattle, he called out McRae is Johnny come home, meaning me John Western, I answered, I am home “but McRae has been killed I believe by the Blacks,” he was surprised and appeared sorry to hear it, I told him what his wife had told me the day before, I said to him I will go home with you and hear what she says about it today, when we got to Saltmarsh’s Hut we found there William Haywood with Mrs Hounslow she was in bed and Haywood was sitting on a bedplace
p133
near the Door Mrs Hounslow told her husband exactly the same tale about McRae that she had told me before and she also said that there had been a Bushranger there on Sunday who had taken away some tobacco and some Gunpowder. William Haywood slept there that night in the same bed with me and got up soon after daylight one Wednesday morning and went away, I got up shortly afterwards and was going away when Hounslow said you had better stop to breakfast, I did so Hounslow then went out to milk a cow and I went for a bucket of water but before this we were all three in the Hut together /Hounslow, his wife and myself/ and while Hounslow’s back was turned his wife faced round to me and made a sign that she had something particular to say to me motioning to me not to speak, when I returned with the water she was alone and she said to me “don’t report MrRae as being killed by the natives, he is murdered and Billy [meaning Haywood] did it” and that he had killed McRae and a little Dog of mine and another belonging to McRae also, Mrs Hounslow then begged of me not to speak to any one about it on the road but to go at once and tell Mr Clayton the particulars and beg of his to come up with a Party to take Haywood and to bring a cart and Bullocks to bring her away, for that she was in fear of her life, she told me particularly not to say anything to her husband, as Billy and he were so intimate he might give Haywood a hint and who would go into the Bush and return some day and kill her, as he had threatened to do so if she said a word about it, she had not time to say any more
p134
her husband coming in with the milk, after breakfast Hounslow said, if you stop till tomorrow I’II go to Fletchers (the District Constable) with you as you don’t know the way so well as me, he then went out and Mrs Hounslow again begged of me to go to Mr Clayton’s immediately as she was afraid of her life, the woman appeared to be very much frightened and her eyes were swollen with crying, I told Hounslow that I must go home first and as soon as I got to the Hut I started off immediately and came straight to Mr Clayton the district constable at Norfolk Plains, I have not see Mrs Hounslow since nor have I heard or seen anything of McRae, nor either of the Dogs, if my Dog was alive it would come back I am sure, the natives would not have killed the Dogs, they would have taken them away – I was at Saltmarsh’s Hut on Christmas eve with MrMcRae, Haywood came there at night and stopped till the morning of Christmas Day; I have heard MrMcRae say that he had accused Haywood of stealing some of his sheep and he had after said he would report Haywood being off his master’s stockfarm but I never heard McRae say that he was afraid of Haywood doing him any personal injury I am not aware that there are any account books or papers belonging to MrMcRae at the hut, I believe the most of Mr McRae’s clothes &c are at Mr McDonalds at the Royal Oak Hobart Town, there is nothing at the Hut belonging to Mr McRae but an old plaid waistcoat, a scotch cap and an iron Pot, I delivered two hundred and ten sheep and lambs the property of Mr McRae to Constable Trumpeter and Gadsby
p135
on Wednesday last the 8th day of February instant and there are no more sheep or lambs belonging to Mr Mc Rae up there – the twelve days that I was from the Hut I spent as follows, the first night at John Steven’s which was last Tuesday three weeks the 17th January, I then went into Town and remained from Wednesday till the following Monday the 23rd January at Mr Houghton’s at the Globe Tavern Launceston, on Monday night I came to John Steven’s at Norfolk Plains where I remained until Sunday morning the 29th January on Sunday night I stopped at Mr W.F. Bakers at Norfolk Plains and on the following day Monday the 30th January last I returned home as I have already stated.
Signed John Weston (copy signature)
Sworn before me at Woolmers
Van Diemen’s Land this 11th day
of February 1826
signed Tho: Archer JP
The information of James Stewart who being first duly sworn saith I am one of Mr Abraham Walkers stockkeepers and live upon his farm under the western mountains, last Sunday week I went to Saltmarsh’s Hut to get a pair of Pinchers which Samuel Hounslow had borrowed, Hounslow was not at home, but his wife and child were there and so was William Haywood, I called at MrMcRae’s Hut as I went to Saltmarsh’s and found the fire was out and when I got into Saltmarsh’s Hut I said it was a curious thing that McRae was not at home and that there was not fire in his Hut, Mrs Hounslow then
p136
told me that McRae went after the natives on Saturday and that she had not seen any thing of him I stopped there about an hour and then returned home William Haywood remained at Saltmarsh’s hut, it was about ten o clock on Sunday morning when I got to Saltmarsh’s Hut, on the following day last Monday week, I called again at Saltmarsh’s Hut on my way looking after some on my master’s cattle which were stray namely four head, I went into the Hut and lighted my pipe Mrs Hounslow appeared very downhearted and uneasy, and soon after I went into the Hut she took me of one side, out of hearing of the little Girl and whispered to me to go immediately to Clayton’s Shepherds and tell him to go down to his master at Norfolk Plains and beg of him to bring up a strong party, for that he life was in danger and she said if Haywood comes in while you are here do not say a word to him about it and she pressed me to go off immediately for hear Haywood should see me, I went away, saw Clayton’s shepherd and told him what Mrs Hounslow wanted him to do, he said he would not go down without a fair understanding of what he was going for, for fear of getting into trouble, I left him and returned back to Saltmarsh’s Hut and there I found William Haywood, I went in and began to smoke Mrs Hounslow asked Haywood to cut a little wood for the fire, he went out to do so, but did not go more than six yards from the Door while he was out I whispered to Mrs Hounslow what Clayton’s shepherd said she then whispered me to tell him to say that Brady and his Gang had been there three or four times and that she was afraid of her life and to tell Mr Clayton when he came up, if there was any one in the Hut
p137
with her, to call her outside first and protect her as she was in danger of her life, Haywood then came in with the wood, I remained a short time and wished them good day, went to Clayton’s shepherd and told him what to say and he came on that same night to our hut on his was to his master’s; Haywood remained at Saltmarsh’s hut when I left it to go to Clayton’s shepherd, I have not spoken to Mrs Hounslow since. yesterday fortnight I was over the chief of Mr Joseph Archer’s Run and did not see any natives nor any Fires of traces of natives having been there; it is a fortnight last night since Samuel Hounslow came to our Hut with some Cattle which he said he was taking down to Mr Saltmarsh’s at Norfolk Plains Laverty and I had just returned from going round Mr Joseph Archer’s Run in search of my master’s cattle and I was at the Hut when he (Hounslow) came back from Norfolk Plains on the Tuesday following with some other cattle on his way home, I know nothing more.
James Stewart’s mark X
Sworn before me at Woolmers
Van Diemen’s Land this 11th day
of February 1826
signed Tho: Archer JP
The information of John Dugard who being first duly sworn saith, last Thursday week I accompanied my master Mr Joseph Archer about an hour before sunrise to the stock farm under the western mountains, I went on a head to the Hut when I arrived there I found Haywood and Symonds counting the sheep Haywood said to me what is the matter Dugard
p138
I said I don’t know Haywood, my master is coming up to count the sheep; he then said I suppose I am going into camp meaning into Launceston and he then told Symonds to go and fetch his knapsack saying that he would take that with him, he left off counting the sheep that minute and said again to me Dugard am I not going into Camp, I said yes I think you are Symonds then went off after his knapsack and met Corporal Barrett and Constable Trumpeter who brought him back and after they had secured Haywood they let Symonds go to bring the knapsack and he went and brought it down the corporal and constable took Haywood away with them handcuffed, the next day about twelve or one o clock I went with Symonds up the creek on Saltmarsh’s side and we came to a place where there had been a large Fire made opposite a large hole in the creek, I asked Symonds what that Fire could have been made for, he said he had made it to fish by, in the hold, it seemed to have been made about three or four days and was much larger than what people made for fishing Symonds has frequently asked me how I thought Haywood was getting on, Symonds told me that Haywood came home directly after the firing and that he asked Haywood what it was and Haywood said it was the Bushrangers firing at the natives and that Haywood got a piece of victuals to eat and when he had finished went off again immediately, he never told me anything else nor did I observe any thing about the place at all suspicious
John Dugards mark X
Sworn before me at Woolmers
Van Diemen’s Land this 11th day
of February 1826
signed Tho: Archer JP
p139
Cornwall
Van Diemen’s land
To Wit
The information of James Laverty who being first duly sworn saith I recollect perfectly well Samuel Hounslow coming to my master’s Stock Hut where I live yesterday fortnight, he came there just at night with some cattle on his way to his master’s at Norfolk Plains and remained all night the next morning a fortnight to day he went on towards Norfolk Plains and he called at our Hut on the Tuesday evening following on his way home again James Stewart did not say anything to me about Mr McRae being missing nor did he tell me that Mrs Hounslow had sent him on an errand to Clayton’s shepherd to request him to go into town for a party of Troops I was over great part of Mr Joseph Archer’s run yesterday fortnight with James Stewart and did not see any natives, nor any fires of the natives any where near.
signed James Laverty
Sworn before me at Woolmers
Van Diemen’s Land this 11th day
of February 1826
signed Tho: Archer JP
The information of John Price who being first duly sworn saith, I am a free man and live as shepherd to Mr Henry Clayton at his stock farm under the western mountains near Saltmarsh’s stock farm behind Norfolk Plains. I went to the Hut of Mr McRae under the western mountains on last Saturday fortnight about seven o clock in the morning I saw Mr McRae who appointed
p140
me to meet him at his own hut about three o clock on that day to draw three sheet put of his Flock belonging to my master and he told me if he was not at his Hut when I came there I was to follow him to the Hut of Sam the Butcher that is Saltmarsh’s Hut I returned home and Mr McRae went after his sheep accordingly about three o clock on that day namely last Saturday fortnight I went to Mr McRae’s and found that he was not there, I then went on to Saltmarsh’s Hut there I found Mrs Hounslow and a Man who is called Billy the Flat a servant of Mr Archer’s, I enquired if Mr McRae had been there and left some sheep for me Billy the Flat said no, he has left his sheep outside the yard and went away into the Bush leaving his Musket there and that he Mr Mc Rae presently came running back and said he had seen the natives and took his musket and went after them, I do not recollect Mrs Hounslow speaking at all, she seemed to be quite terrified and I thought at the time that probably Billy the Flat might have been taking liberties with her, I went home, about one of two o clock on the day /Monday/ fortnight one of Mr Walker’s stockmen called Jem came to my hut and said Mrs Hounslow had desired him to tell me to go to Mr Clayton’s and request him to come with a party to her Hut and for Mr Clayton to come himself I told him I did not like to go in upon such a story as that, that I must know what the party was wanted for, Jem went back and returned shortly afterwards saying that, the reason she wanted a party was that Brady had been there three or four times and that she was afraid of her life; I gathered my sheep together and went that
p141
night as far as Mr Walker’s Hut on my way to Mr Clayton’s, on the following day I saw Mr Clayton and told him what the woman had sent me word by Jem, I have not seen any thing of Mr McRaes since last Saturday fortnight, nor have I spoken to Mrs Hounslow since last Saturday fortnight, I go by the nick name of Jack the Goatman.
John Price’s mark X
Sworn before me at Woolmers
Van Diemen’s Land this 13th day
of February 1826
signed Tho: Archer JP
The information of William Saltmarsh who being first duly sworn saith I reside at Norfolk Plains, Samuel Hounslow is a hired servant of mine and lives upon my stock farm under the western mountains about twenty miles at the back of Norfolk Plains, I ordered Samuel Hounslow to bring in some fresh cattle to the farm where I reside and to take back some others about the middle of January last, but the cows had not calved in time and he did not comedown with the cattle till the last Saturday in January, he arrived in the evening of that day and he remained at my House form Saturday evening till the Tuesday morning following about eight or nine o clock and then I sent him back with some other cattle to the stockfarm
William Saltmarsh’s name X
Sworn before me at Woolmers
Van Diemen’s Land this 13th day
of February 1826
signed Tho: Archer JP
p142
the examination of William Haywood who saith I am an assigned servant to Mr Joseph Archer and have resided for upwards of a twelve month upon his farm under the western mountains, in charge of a Flock of Sheep belonging to my master, I never had been at the Hut where Hounslow lives for three days altogether, I knew Mr McRae the last time I saw him was last Thursday week in the morning, Hounslow and he were together, I slept at my own hut on that night and have not slept away a single night from my own Hut during the last three weeks, I was at Hounslows Hut on last Tuesday night when Hounslow and Western returned, I was at Hounslows Hut on last Saturday afternoon when Mr Clayton’s shepherds came there and asked in Mr McRae was there, Mrs Hounslow told him that Mr McRae had been there early and left some sheep that he went to look for some more and presently afterwards came running back and said the natives were there, they he threw down his jacket took up his double barrelled Gun and went away again and that he had not returned, I have nothing further to say
William Haywood’s mark X
Sworn before me at Woolmers
Van Diemen’s Land this 4th day
of February 1826
signed Tho: Archer JP
p143
Cornwall
Van Diemen’s Land
To Wit
The examination of William Symonds who saith it is a month last Tuesday since I was sent up from Mr Joseph Archers farm on the Lake River with William Haywood in charge of a Flock of Sheep to the stock farm belonging to my master about a mile and a half from Mr Saltmarsh’s Hut where Hounslow resides William Haywood as been away all night from the Hut t my masters stock farm five or six different times during the month I have been there with him, he used to tell me overnight that he should go and be out with the Sheep but he never took a Blanket Rug or Coast with him, when he returned in the morning he did not say anything to me, his musket he always kept concealed in the Bush but where I never knew, William Haywood told me about three weeks ago that Hounslow would soon be going down to Norfolk Plains with some cattle and on the afternoon of yesterday /Friday/ fortnight he left the hut about four o clock saying that Hounslow was going down with the cattle and that he was going to help him across the creek with them, Haywood went away accordingly and did not return that night to our Hut; the next day /Saturday/ between twelve and one o clock I heard three Guns fired in the direction between Snake Island and Clayton’s Bridge, which is about half a mile above Snake Island; two of the Guns went off very quick one after the other and the third about three minutes after the other two, about an hour before I heard the Guns fired Haywood who had been home and had given me some soap to wash my
P144
Clothes had gone away again and he remained away all that night; the following morning /Sunday/ Haywood came to the Hut about nine o clock, I asked him f he had heard the firing yesterday he said it was a Bushranger who had come across some natives and had fired three shots at them and that he had seen a Bushranger at Hounslow’s Hut who had told him so, Haywood asked me threee of four different time if I had mentioned to any one my having heard the firing I said I had not and he desired me not to tell any one, we then went round the sheep together and he left e on the Run and he remained away form our Hut all that night, the next day /Monday/ Haywood came to t the hut but at what hour or how long he stayed I do not recollect Haywood went away and did not return again to our Hut all that night, on Tuesday afternoon I fell in with Haywood on the Run and I was going round the sheep, about half a mile below Snake Island, he did nt come to the Hut at all that day nor did he return to the hut all that night; on Wednesday morning, Haywood came to the Hut about nine of clck and got his Breakfast he then went round the run with me and we collected all the Sheep and brought the to the yard at our Hut intending to count them the following morning – Haywood remained what the Hut all that night, on Thursday morning while we wee counting the sheep John Dugard another of Mr Joseph Archer’s men came there, Haywood asked Dugard what was the matter Dugard said there are some Men coming up to take you into Town, Haywood immediately left off counting the sheep and asked me to go and fetch his knapsack which was planted in the Bush, I went after if and on my
P145
Way fell in with Corporal Barrett who called to me and I went up to him, he said he wanted me I replied I am not the man you want, having heard from Dugard that it was Haywood whom the Men were coming for, the Corporal took me down to the Hut and when he had secured Haywood told me I might go and fetch the knapsack which I did, Haywood never asked me not did I ever assist in getting a heifer of Hounslow’s or of any other Persons out of the Creek or out of any Bog whatever – the natives have only been once on the run and that was ten days after I first went up with Haywood and then Haywood fired at them, since that time I have neither seen them not their fires I recollect Haywood telling me that McRae had accused him of stealing his Sheep and Haywood also said the McRae had reported his being off the Farm, but I never heard Haywood threaten to do McRae any injury I asked Haywood three or four different times whether any thing had been heard of McRae and he always replied that the natives had got him, I made the fired near the hole on Saltmarsh’s side of the creek to catch eels there, I never saw the remains of a large fire upon Snake Island nor do I know any thing about it.
William Symonds mark Q
Taken before me at Woolmers
Van Diemens’ Land
This 11th day of Feruary 1826
Signed Tho Archer JP
P146
Cornwall
Van Diemen’s Land
To Wit
The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith four or five days before I was apprehended by Mr Leith’s servants Barrett and Spong I was near Clayton’s Old Hut about a mile from Saltmarsh’s Hut at the back of Norfolk Plains, between eleven and twelve o clock in the forenoon when I was hailed by a strange man who asked me who I was, he had a double barrelled piece in his Hand and immediately he spoke to me I jumped behind a tree and said, I am a stockkeeper he replied ground your arms I had a musket in my hand but no pistol I said I am a Bushranger and if you don’t ground your arms I will blow your brains out he did not ground his arms, I fired at him he returned my fire, I loaded again and fired at him a second time and he immediately fell I reloaded my musket and went to him, he was lying on his back, he wore a straw hat green cloth trowsers a checked shirt and ankle shoes he had a strip of a black silk handkerchief round his hat, he had neither Powder nor shot about him, he had no jacket, waistcoat or neck handkerchief he had only one pocket in his Trowsers, there was nothing in it but some pieces of waste paper, when I fired at him my Gun was loaded with two Balls, I wounded him in the belly, he was taller and stouter than Mr McKinnon his hair was about the colour of Mr Sinclair he had whiskers about the same colour as his hair they were
P147
Not very large – the place where I shot him was about four hundred yards from the Bridge over the Creek between Clayton’s old Run and Mr Archer’s Run, and below the Bridge, I dragged his body ten or twelve yards towards the creek where there was near a cart load of old dead wood which I threw upon the man I had shot and set fire to it, he had a black and white Dog and a red and white one with him, I coaxed these dogs to me they were little cur dogs I tied a stone round the neck of each of them and drowned them in the creek near the fire which was close to the creek I stopped a few minutes until the fire was well lighted, I took nothing from his person, but burnt his straw hat with the rest of his clothes and the Body I should have taken his shoes but they were too small for me, there was some high bladed grass where I made the fire, I examined the man’s double barrelled Gun both Barrells were unloaded I tied some brown paper round the lock with an old black silk Handkerchief and hid the Gun in an hollow fallen tree that laid about fifty yards from the Creek and three hundred yards above the Bridge on the same side as Clayton’s Hut; about an hour and a half after I had shot the Man I went to Saltmarsh’s Hut there was nobody there but a woman and child, I told her I wanted sugar and ammunition she said she could not give me any I must take it, I took about a quarter of a pound of Tea, three or four pounds of sugar and half a pound of Gunpowder, I ate some bread and butter and drank some tea and smoked my pipe in the Hut
P148
where I remained about an hour, there was no man in the Hut whilst I was there, I formerly lived with Mr Thomas Whyte of Norfolk Plains. I did not tell the woman I had lived with dandy Whyte, I slept in the forest that night about five miles from the Hut the next night about fourteen miles from the place near the Penny Royal Creek the following night I slept near James Hortle’s Hut, the next night at the Western River about three miles above Mr Leith’s remained there all that day and the next night and was taken about nine o clock the following morning by Spong and Barrett and was taken by them to Launceston and lodged in Gaol – I never saw William Haywood until I saw him in Launceston Gaol.
Taken before me at Launceston the twenty fifth day of February one thousand eight hundred and twenty six
P149
Rex vs William Haywood
Murder
5 symbols of shorthand
5 June 1826
[below in pencil]
Murder of McRae
Of
McRae’s Hill
Blackwood Creek (?)
McRae
Murder
1826
p150
Van Diemen’s land
To Wit
The information and complaint of Thomas Hayes a crown prisoner of Launceston in Van Diemen’s Land taken upon oath before me, one of his Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, this eighteenth day of November in the Years of our Lord One Thousand eight hundred and twenty six which said informant on his Oath aforesaid, deposeth and saith as which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say): – I have resided in the dwelling House of John Sharman at Launceston since the ninth instant, he was that day sent to the Watch House he is a crown prisoner last night I went to bed about nine o clock as well as Ann Sharman and four young children who were the only other persons in the house. I fastened the door by putting a nail about the latch which went into an iron staple in the Door post before I went to bed about an hour and a quarter afterwards I was alarmed by the barking of the dogs I saw two men near the gate I went to them they were Michael McDonald and John Osborne McDonald said he wanted to see Sharman I told him he was in the watch House he then said he wanted to see Ann I told him she was not within he said I insist on coming in whether she is at home or not; I ran into the House and held down the latch of the Door with my hand the Door was forced open by some Person or Persons outside with
P151
Such violence as to draw the iron staple into which the latch fell Michael Mc Donald immediately came in at the Door and I saw Osborne standing within two or three yards of the doorway I desired McDonald to quit the Premises he said he would not Osborne endeavoured to persuade him to o so he still refused I then requested Frederick Denman and Joseph Chick to take charge of the House to prevent McDonald from going into Ann Sharman’s bed room until I returned when I ordered Mc Donald to go out of the House he said I will not, and I will knock you down if you interrupt me or say anything to you
Thomas Kaye (signed)
PA Mulgrave JP (signed very shaky)
The examination of Frederick Denman a crown prisoner a clerk in the Commissariat Store in Launceston in Van Diemen’s Land taken under oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and it dependencies the eighteenth day of November in the Year of our Lord one thousand and eight hundred and twenty six in the presence and hearing of Michael
P152
McDonald and John Osborne mentioned in the Information and complaint of Thomas Hayes hereunto attached which said deponent upon his oath aforesaid – deposeth and saith a follows (that is to say) I live next Door to the House where Thomas Hayes lodges, about ten o clock last night he called to me I went to the House and aw Michael Mc Donald standing in the entrance of the House intoxicated Hayes said he had broken into the House and requested me to take charge of him until he should fetch a constable a Person named Chick was with me after Hayes went out McDonald tried to get our of the House I struggled with him and was pushed into the Yard where I saw William Anderson and another Man there I went up to them and said what brought you here Anderson immediately struck me a blow upon the side of the head with his fist which stunned me I gave him no provocation Anderson said to me after he had struck me I will soon dispatch you if you interfere again, Chick at this time
P153
Had charge of McDonald
Frederick Hy Denman (signed)
PA Mulgrave (Signed very shaky)
The examination of Joseph Chick a crown Prisoner a Javelin Man of Launceston in Van Diemen’s Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies the eighteenth day of November in the Year of our Lord one thousand eight hundred and twenty six on the subject of the preceeding information and complaint in the presence and hearing of Michael Mc Donald John Osborne and William Anderson which said Deponent on his oath aforesaid deposeth and saith as follows (that is to say) I lodge with Frederick Denman in a House next to that where Thomas Hayes lodges last night about nine or ten o clock I heard Hayes called for assistance I went with Denman and saw a stranger standing in the Room Hayes said he wished we would prevent that person from going into the bed room that he had broken open the Doors Hayes went away leaving Denman the Stranger and I in the House about five minutes after wards
Signed PA Mulgrave
P154 (inserted folded A4 page = a5)
Sir
I beg leave to inform you that George Hacking? In my House wounded? By Brevy & he states to me that he fell in with them? in Roses? Forest he is ? our in my Hoze and I just cam home from Town and I sent my servant of with? All spent? I don’t wish to Disturbe them until you see him your humbell Ser. John Diehn/Dickson?
P155
Received 2 o clock am
Sunday 5th March
P156
[to] PA Mulgrave
JP Esqr
P157
Cornwall
Van Diemens’ Land
To Wit
March 1826 (in pencil)
The information of John Develin who being sworn saith, I am free by servitude, and reside at the Springs about six miles from Launceston. On a Saturday I think the first Saturday in March instant, I was in Launceston and returned home about eight o clock in the evening, when I found George Hacking in my House, he was wounded in the Head and said he had been shot by Brady the Bushranger that evening and had been at my House about Two Hours; he was lying down upon a bed which my wife said she had provided for him, I examined the wound in his head and was afraid to convey him to Launceston until I should hear from Mr Mulgrave the Coroner, I wrote a note and delivered it to Henry Hart a free man in my service and desired him to go direct to Launceston and if possible to see Mr Mulgrave and deliver to him the note hart returned to my House about eight or nine o clock the next morning I asked him if he had delivered the noted to Mr Mulgrave he said he had, and that Mr Mulgrave had sent him to the Commandant he did not say whether he delivered the note overnight or in the morning it was about
P158
Half past eight o clock on the Saturday night when Hart left my House with the Note.
About an hour ad a half after Hart had returned home on the Sunday morning a number of armed men came to my House I did not count them, there might be six or seven of them, they rushed in at my back door and asked for a wounded man, I told them the wounded man was gone to Launceston in charge of a constable, they enquired how far he was in the Road and one of the added, if you tell a lie you are a dead man, I told them he had left my House about half an hour, they immediately afterwards left my House and in about ten or twelve minutes I heard the report of a Gun or pistol, I never saw either of the armed men before or since.
George hacking was taken away from my House by constable Riley about half an hour before those armed men came into my House
John Develin Isigned)
Sworn before m at Launceston this twenty ninth day of March 1826
PA Mulgrave JP (signed)
P159
John Develin
Information respecting George Hacking
Brady 1826/1827 (in pencil)
P160
Cornwall
Van Diemen’s Land
To Wit
The information of George Hacking who being sworn saith I was shewn a number of prisoners in the Gaol Yard and Launceston this day by the Keeper Mr Gough I could not point out any one of them as the Man that Matthew Brady told me was named Rice near Dugan’s House at the Springs on the day I was shot about the third of fourth of March last, I do not know that I ever worked at the Government Mill at Launceston with any one of those men who have been shewn me – (memorandum) Michael rice being brought into the presence of George Hacking he saith) I do no know that either of the men now present were with the Party of Bushrangers when I was shot on the third or fourth of last march I did not know that any one of those men is named Rice
P161
I do not know that I ever worked with any one of those men.
George X Hacking his mark
Sworn before us at the Gaol in Launceston the fourth day of January 1827
H Simpson JP
PA Mulgrave JP
The information of Mr William Henry Gough Keeper of His Majesty’s Gaol at Launceston by order of JE Simpson and PA Mulgrave Esquires I placed all the Prisoners confined in the Gaol in a rown in the middle of the yard between three and four o clock this afternoon Michael Rice was amongst them George Hacking stood in front of him some time and they looked each other full in the face Hacking walked slowly along the rows of
P162
Prisoners and appeared to examine than minutely.
WH Gough (signed)
Sworn before us at the Gaol at Launceston the fourth day of January 1827
H Simpson JP
PA Mulgrave JP
(signed)
p163
bushrangers
Jan 1827
[in pencil]
p164
Cornwall
Van Diemen’s Land
To Wit
The information of George Hacking who being sworn saith, I am under sentence of transportation for seven years, I broke out of Gaol at Launceston last Thursday week about eight o clock at night, I escaped over the paling,, I remained in the Bush all that night and the next day and night, I had no Irons on, I took a loaf with me from the gaol, I went into no House on Friday, on Saturday morning between eight and nine o clock I was near Doogan’s House and turned into the Bush, I soon after heard a voice say, who are you, I went on and a man said, stand fast or I will blow your brains our, come this way, who are you; I went to him and told him who I was, and that I broke out of gaol, he said we are a party, and will take you in he then took me up to six more men, all of them had Muskets, Bayonets and Pistols, he ordered me to sit down, a strange man same up and conversed with him who took me /and afterwards told me his name was Brady/ after they had conversed together about half an hour, twenty yards from the rest of the party, Brady came up to me
P165
And tied my hands, the strange man called to him, Brady went to him and talked with him five minutes, then returned to me where I was sitting amongst his men, and untied my hands, he then said, I am Brady, you took us for a party did you not, I said I did, he then said will you fancy to join us, it is at your own option to go or stop, I said I would go about my own business, I then got up to go away, he ordered me to sit down and take breakfast, which he said would be ready in a few minutes, the strange man had gone away and returned in about half an hour with some boiled potatoes, and Boiled beef, all warm in two cloths, Brady’s men made some tea, the strange man stopped until we had breakfasted, then spoke apart with Brady and went away, taking the cloths with him, I then asked Brady if I would go, he said no, not till night, the strange man will not allow you to go till night, Brady said the strange man lived at Doogan’s House
P166
He brought the breakfast from that direction, we were about a quarter of a mile from it, I could see it from the place where we sat, it was nearly all clear ground between us and the House, we sat a little way in the Bush, the strange man was about five feet eight inches high, fresh coloured, he wore blue Trowsers, a snuff? Coloured jacket, a sealskin cap, and had dark hair; he returned in about an hour and brought two Bottles of rum, and went away immediately, I drank some of it, Brady and his party played at cards and drank Rum until about two o clock when the man returned nd brought some more boiled beef and potatoes, which we ate he also ate some he then went away and returned again with another man an hour before sundown, Brady met them before they got to the party, conversed with them ten minutes, when they came to the party this other man was named Rice, he told Brady I had once some men working under me of the Government Mill at Launceston.
P167
And that he was one of them. I then recollected him but denied knowing him; Brady and his party then planted their knapsacks three or four in number, and a bag of Tea and one of Sugar behind some Trees and commenced buckling on their pouches, and fixing their Bayonets into their straps, Brady then said we must await till the other man come, he is bringing some Grog to us, in about ten minutes another man came up, he was a stiff lump of a man, he was a sulky looking man, and wore a grey jacket and Trowsers and a velveteen waistcoat, the party said he had to fight soon for Ten Pounds at the Cocked Hat Hill, he brought two Bottles of Rum with him, which the party and the three strange men drank and then got up, Rice and the man who last joined the party had a musket each, Brady said they must be at Dry’s before dark to see the ways of the place; he told me to walk alongside of the best man who walked first, if I did not known the way, I asked him to have the goodness
P168
To let me go about my business, he said, he could not let me go, on account of the three strange men until we had been at Dry’s, and that he should see how I behaved there, we walked about two miles in the Bush until we got near a deep creek, the first man that came to Brady’s Party then gave me a Bottle with some Rum in it, and ordered me to go down to the Creek and make some Grog, Brady was then down in the Creek, the whole party took me down to him, Brady ordered me to sit down, I did so, and he said, do you think you can stop here if you are tied, I said I must stop if I am tied, but I would rather go about my business, he replied, these three men are not willing you should go, Brady tied my hands behind my back with a handkerchief over my face and head, I said, is this is Brady are you going to shoot me” he said, I am, these three men are afraid that you should live, they do not say you have ever
P169
Harmed any one, but they are afraid you will do, I said, well will you allow me a few minutes to say my prayers before you shoot me, he said no sit steady, there is no time to delay, and immediately a pistol was fired and I felt myself wounded on the left side of my head, I was senseless a short time, and then felt I was being rolled down lower into the bottom of the creek, my hands were then untied, the handkerchief was left on my face, my shoes were taken off, and a great lot of boughs thrown over me, so as to cover me up, I heard one of them say, how quick he died, another said, come on, come on, let us be going, I did not know these voices, before Brady tied my hands he laid a musket and pistol down close to me /after I was covered I heard the party walk away/ I lay there about half an hour, then got up and washed the blood off me as well as I could, my wound was bleeding very hard, I walked right away over a Hill, the first House I came to was the Penitentiary on the Cocked Hat Hill, it was nearly dark, I asked two or
P170
Three persons who were unyokeing some bullocks where John Develin lived, they said three quarters of a mile up the Road on the right had side, they asked me what was the matter with me, I told them I had hurt myself, I was afraid to tell them the truth, I went to John Develin’s House I asked if he lived there, a woman said yes, he is not in the House, I said, will you let me stop here all night, she replied, some in and let me see who you are, I went into where she had a candle lighted in the inner room, and told her who I was she said I might stop, I told her what had happened to me, John Develin same in soon after, I told him what was the matter, I told him to write a letter to you, he said he would and send a man off directly and ordered him to go to you immediately, I remained there till nearly ten o clock on Sunday morning, Constable Riley put me into a Cart which shook me so much I was obliged to get out and walk s well as I could, we came towards Launceston, and when three hundred yards behind
P171
The Penitentiary on the Cocked Hat Hill a boy came up the road on horseback who, being hailed by Riley, said he was going towards Mr Wedge’s Party, Riley looked behind him and said, the Bushrangers are coming after us, the Boy on horseback turned back his horse and galloped towards Launceston I told Riley was a done man, that he had better get away as fast as he could, he did not leave me, Brady and his same six men I had seen the day before came within ten yards of us, Riley said keep back, they rushed towards us, one of them had hold of Riley who got away from him but lost his hat, one of the bushrangers rushed up to me and was drawing his pistol when the others shouted, do not mind a pistol shoot him with a Musket, he pushed his Musket right against my breast, I laid hold of the muzzle and shove it to fend it off me as well as I could, he pulled it out of my hands two or three times and pushed it to me again, and as he pulled the trigger, I turned my body a little n one side and fell flat on my face, the Bushrangers then directly turned
P172
Me over and pulled my shirt off my breast, which was blazing with the gunpowder, and looed at this wound on my right breast, and said he is stiff enough now, they then overhauled my other wound that I got the night before and some of them said they never knew such a thing before, as that I was not dead from the shot I got in the Bush, they then went away and left me; I got up in about twenty minutes and went to the Penitentiary where I saw Constable riley, who took me a little way into the Bush where we hid ourselves for a short time, Riley then said he would go towards the Hut and see if he could see the Bushrangers and went away and did not return, in about one hour afterwards I got upon the road and walked into Launceston myself.
I heard the bushrangers say that they had a Boat in the River Tamar and that if it was not gone they would have it and get a vessel out of that River or Captain James’s vessel from the Western River.
P173
I am sure all the three strange e were present when the Bushrangers shot me at the Creek, and I do think one of the three was named Kelly, this was the man that came up last night with the Rum, I believe all these three men lived at Googan’s House, they all came from that direction to the place where the Bushrangers took me. I fear I shall died from the affects of my wounds.
Sworn before me at Launceston this tenth? Day of March 1826 in the Hospital
PA Mulgrave JP (signed)
The information of George Hacking, who being again sworn saith, Bernard Shields was with the Party near Boogan’s House on last Saturday week, when a man called Brady and his six armed companions were present, Shields brought two bottles of Rum to the Party in the evening and accompanied them until I was shot, I believe by Brady, as stated in my former Deposition, Shields had no arms with him, he appeared to go voluntarily, I saw him speak with Brady
P174
Brady apart from his companions; about ten or eleven o clock on that morning I asked Shields to make me away from Brady and his Party, he said he had no objection if Brady would let me go, Brady said I should not go, I now consider myself in a dying state I never expect to get any better.
I never saw Shields before the fourth instant that I recollect, I know him by his features, he had a Brown jacket on that day, a sort of snuff coloured jacket, I do not know if he then wore a cap or Hat.
Sworn before me in the Hospital at Launceston the thirteenth day of March 1826
PA Mulgrave JP (signed)
The information of George Hacking who being sworn saith, the two foregoing informations which have been read in the presence of Michael Riley and Bernard Shields are to the best of my belief true
P175
I am certain that Shields is the man who brought bread and meat to Matthew Brady and his party on Saturday, the fourth instant near Doogan’s House.
I am not altogether so positive as to my recollection of the Person of Riley as I am to that of Shields, I am sure Shields brought two Bottles of Rum to the Party.
Sworn before me at Launceston this fourteenth day of march 1826
PA Mulgrave JP (signed)
P176
Cornwall
Van Diemen’s Land
To Wit
The information of George Hacking who being sworn saith, Matthew Brady is the person alluded to in my information given before you on the tenth instant, who then called himself Brady, it was him who tied my hands behind my back and put a handkerchief over my head at a place near the Springs on Saturday the fourth day of March instant; a muset and Pistol were lying by his side whilst he put the handkerchief over my face, and immediately my eyes where covered a shot was fired close to my head which wounded me uner the left ear.
Sworn before me at Launceston this fourteenth day of march 1826
PA Mulgrave JP (signed)
This information having been taken in the presence of Matthew Brady, he said, ah! You old scoundrel I wish I had shot you if I had fired at you with a piece instead of a pistol you would not have been here now.
Witness my hand at Launceston this fourteenth day of march 1826
PA Mulgrave JP (signed)
p177
The information of George Hacking, who being sworn saith, Patrick Bryan, was one of the armed men in company with a man called Brady on Saturday the fourth day of March instant, when my eyes were blinded and I was immediately afterwards shot in the left side of the head at the Springs in this County.
Sworn before me at Launceston this fourteenth day of march 1826
PA Mulgrave JP (signed)
The information of Joseph Smith, who being sworn saith, I am free by servitude, I am a shoemaker and live in the house of James McGarrett at the Cocked Hat Hill, his brother Robert McGarrett also lives here, I recollect the Saturday in which Mr Dry’s House was said to have been attacked, about a month ago; Berhard Shields had lodged in the house for some time until a week before that day, when he left it James McGarrett went from home on Friday preceeding the Saturday on which
P178
the Dry’s house was attacked, before six o clock that morning Constable Crowther came there and enquired for a man named Rice and Bryan Kelcher?; about half an hour after the constable went away. Six or seven men came to the house, they were armed with muskets and some of them had knapsacks, one of them enquired for Rice, and Bryan Kelcher, I told him a constable had just been enquiring for the same persons, they then went away, towards Mr Jame’s farm; about eight o clock Bernard Shields and Bryan Kelcher came to the house they breakfasted there, Bernard Shields then wore a snuff coloured jacket and a Black hat he and Kelcher went away in about half and hour, Robert McGarrett was from Home, he went our soon after six o clock, Kelcher returned to the house about eleven o clock and enquired for Bernard Shields and immediately went away, about one o clock Bernard Shields returned to the house and asked me to lend him a Bottle of Rum, he brought an empty bottle with him, I filled it with Rum, and he took it away with him, he did not tell me who it was for, or where he was going with it, no person came to the house till about five o clock when a lad named John Brenan came there and
p179
enquired for Bernard Shields Robert Mc Garrett came home about eight o’ clock that night, he did not tell me where he had been all day; I did not see Bernard Shields again until the following Wednesday when he came to settler with James McGarrett for some wheat; Bernard Shields wore a Blue Jacket when he came to the house the second time on Saturday; when he came there the first time I told him that a Constable and some other armed men had been there enquiring for Rice and Kelcher. Kelcher was present, he laughed and said I am the man they wanted, Bernard Shields observed, if I were you I would go into Mr Mulgrave’s office and see what they wanted, and I will go with you, Kelcher replied I will so son as I was myself, and said he would go to Doogan’s for that purpose. Bernard Shields and he went away towards Doogan’s House, one quarter of a mile from Mc garrets.
/signed/ Joseph Smith.
Sworn before me at Launceston
This fourth day of April 1826
PA Mulgrave JP (signed)
P180
The information of Robert McGarrett called at the instance of Bernard Shields who being sworn saith I am an assigned servant to James Dunn and live along with my brother and Joseph Smith at the Cocked Hat Hill. I recollect having heard that Mr Dry’s House was attacked by Bushrangers on a Saturday three or four weeks ago, I know a man named Thomas Kenton was shot near our house the next morning, I went to see him after he was dead, I do not mind where I was on that Saturday, I think I was at home reaping my Brother’s wheat, I do not remember that I saw Bernard Shields at my brother’s house that day, he had fallen out with my brother James some weeks before who said he should not come there again, I do not know that I saw Bernard Shield’s hat day, I do not know that I saw him making a bottom of a stack that day, I heard the next morning that Thomas Kenton had been shot and soon afterwards saw his lying dead near a house occupied by Samuel Field and others at the Cocked Hat Hill.
/signed/ Robert McGarrett
p181
Sworn before me at Launceston
This fourth day of April 1826
PA Mulgrave JP (Signed)
Bd Shields x
4-6 shorthand symbols
5th April 1826 2 shorthand symbols
Ml Rice and Thomas Mc Garrett
Brady (in Pencil)
P182
32 lines of shorthand (one full page) approx. 15 symbols wide
only word written is – Brady
p183
32 lines of shorthand (one full page) approx. 15 symbols wide
only word written is – Brady
p184
32 lines of shorthand (one full page) approx. 15 symbols wide
only word written is – Brady
p185
c.20 lines of shorthand (one full page) approx. 15 symbols wide
only words written – Brady, Kelly, Doolan, Jame’s and date 15th March 1826
p186
4/5 x A4 page
shorthand – except for words: Michael Riley and 11th March 1826
p187
Hl Henry Blowing??
Thos McCourt
Mrs Mc Court
P188
½ page – Shorthand page – except for words:
Bernard Shields
13th March
p189 (one reverse of above)
v Ml Rice
George Hacking
10th 11th and 13th
of March 1826
5 x shorthand symbols
Develin’s note
Brady (in pencil)
P190 March 1826 in Blue Pencil
The information of William Oldfield (a free man) of Sydney in New S Wales who being duly sworn saith we John Lawrie, J.B. Childs, Astley Lawrie, Richard Green?, Jno Aspey?,and other? Left Sydney in the boat FAME 2nd day of June 1824 we proceeded to the southward and were taken prisoners by Mr J Griffiths on about the 24th same month, in the Brig GLORY in Twofold Bay – we arrived in Launceston early n the month of July, assisted by Mr? Lawrie, I drew u a statement of the case and forwarded the same by post to Mr RL Massey, Hobart Town desiring him to lay the same before the Attorney General r Gellibrand without delay the following week (or the week after) we received an answer by post from Mr Massey stating “That he had laid the case before Mr Gellibrand – and that he would give
P191
His opinion on his arrival at Launceston shortly after this. The Attorney General arrived here, and immediately (viz the morning after his arrival) sent for us – after some conversation on the case, in reply to questions put by Mr Gellibrand, I informed him that I was a free man that I had been the prisoner by Mr Mulgrave, and that I was then made bail, he then advised me to bring an action against Mr Mulgrave on the charge of false imprisonment, and also against Mr Jonathan Griffiths – he then added that he would give his opinion in waking (? Court?) the following day – which was done and endorsed – “5 guineas” – which I saw? Was paid by Mr Laurie with the addition of 5 guineas as “ a detainer”
Sworn before me at
Launceston the 25th
Day of March 1826
WM Oldfield (signed embellished)
Joseph Thomas ?? (signed)
P192(back of above)
Informations of William Oldfield
March 25th 826
P193 (This is a COPY of the same statement found on page 25)
Cornwall
Van Diemen’s land
To Wit
March 26 (in pencil)
The information of Thomas Watson a Ticket of leave, who being sworn saith, I live near Mr Henry Clayton’s Hut, to the westward of the large lagoon , at the back of Norfolk Plains.
About two o’ clock last Tuesday morning *I was in company with John Cairns when we *between my House and Williams Field’s Stock Hut, we met seven armed men, three of them on horseback, there was one unarmed man with them: the armed men ordered me to stand and a man they called Goodwin took my musket from me, they then said they wanted to go to the Supply River and that I must conduct them there, I told them I did not know where it was one of them said I must take them there or I should take no body else there ** the horses were laden with a keg of Rum, some flour, tobacco, tea and sugar and a small bag of onions, the next day we had got up upon Mr Dry’s Run when they desired me to shew them the way to Leith’s, they said they would hang him and his woman up to dry and they asked if Mr Compton was at Quambeys’ I told then he was not, and persuaded them not to go to Leiths. ** we stopped that night about five miles above Field’s Hut on the Penny Royal Creek they kept no Guard guard the night.
*** about three o clock that day we fell in with a flock of cattle by the side of the Western Creek, Brady and Bryan rode down after a heifer which Bird killed and a hind quarter was divided and put upon two of the horses.
p194
we did not see any of her People, the next day (Thursday) I told them I could not guide them any further, and they then steered by compass to the northward, and went about ten miles through a thick scrubby and hilly country, we stopped that night and the whole of the next day and night near a Creek which ran to the Southward and eastward. On Saturday morning they divided the luggage into ten parcels an each of the party carried one, they steered towards the northwest until they fell in with a stream which ran nearly north and continued along it until three or four o’clock in the afternoon – about seven o clock on Sunday morning the Party continued their passage along the bank of the river until they came in sight of some new buildings. Brady first perceived these buildings and ordered Cairns and I to have our hands tied behind us and went toward the Buildings with one of his companions called Murphy and Thomas Reid; they returned in about two hours when Brady said that he saw things through his Glass that the Building belonged to the Mill on the Supply River and that he would go higher up the river to Gildas’s where he had been before we arrived at Gildas’s about three o clock that afternoon, James Gildas was the only person then there, Brady and three**
right side vertical column:
* we arrived at that place about three o clock on Thursday and after unloading the horse a man called Brady took Cairns some distance who was unarmed when I met Brady, and who says his name is Thomas Reid, and the three horses some distance from the Party, and returned with the two men without the horses the next day about eleven o clock, Brady said he had taken the Horses so far into a thick scrub and over so much broken Timbers that he could not get them back again, but was obliged to return by the path he made in going into it.
p195
** three of the comrades made three or four oars that afternoon, for a whale boat that was laying at Highwater Mark; Brady and four of his companions slept with Cairns Reid and I that night in the strawyard,
two of the Bushrangers and Gildas slept elsewhere; on Monday morning they removed the whale boat to Gildas’s wharf and kept her afloat for the whole of the day, the Bushrangers said with the intention of intercepting the commandant’s boat which they had heard was to pass from George Town to Launceston that day with the Commandant; that they intended to shoot him, cut off his bloody head, and throw him overboard, this conversation passed amongst themselves a man called Bird said the most about what they would do to the Comandant; Gildas, Cairns, and I remonstrated with them and endeavoured to persuade them from their purpose of killing the commandant, until two or three of the Bushrangers especially Bird, threatened to run the bayonet into us; they said they wished they could get to Launceston, that they would blind and crop Mulgrave, and serve out old Dry; Brady seemed fully determined on coming into Launceston , and purposed going to Mr Dry’s first and then to the Police Office, and wanted me to shew them the way over the Cataract which he said I must do if they failed in taking the Brig Glory which
p196
they said was coming down the River. All the time we were at Gildas’s he was in charge of one of the Bushrangers called Goodwin, between seven and eight o clock last night, I said to Gildas “will you fetch the meat for supper”, he said “yes”, and immediately left the room where he and I were sitting in company with Murphy and Godwin, about five minutes afterwards Brady came into the Room and said to Goodwin “where is the old man” Goodwin replied “he is just gone out” five or the Bushrangers then went in search of Gildas and returned in about ten minutes and said they could not find him, about half an hour afterwards a Boat was heard coming up the River Brady ordered Reid, Cairns and I to be taken to the river side where our hands and feet were tied by his comrades, who with Brady kneeled down upon on knee close to the River side, with their muskets presented whilst they were in this position a Boat with four or five men besides Mr Thomas Whyte ran in immediately abreast of the Bushrangers and about the centre of them; the bushrangers said as the Boat touched the shore “Lay down lay down every one of you lay down or we will shoot you, is the commandant here which is the commandant?” some one in the boat
p197
said, “the commandant is not here” one of the Persons in the Boat wore a white Hat, Bird said “this is the Commandant, we have got you”, and knocked that person down with the But end of his Piece, that Person I afterwards heard called Captain Smith, when he was down he said “I am not the Commandant” “do not illuse me” the Bushrangers then ordered the persons in the boat to go to the House accompanied by some of them whilst the rest untied the legs of Reid, Cairns and myself, and also marched us into the house; when Brady looked very hard at Mr Thomas Whyte and said, “Oh Mr Whyte we have got you at last, many a time you have chased us but we have caught you now”, Whyte said he had never done them any harm and that he hoped they would not take his life. All the Bushrangers continued to threatened and abuse Whyte for several minutes because he had chased them, Whyte said he was a Kings Officer and was obliged to do his Duty; similar conversation continued several minutes, when Goodwin who was standing sentinel at the door ordered every one to be silent and not speak a word; Whyte some time afterwards ordered the men who came with him in the Boat that were talking to be silent, when one of the Bushrangers said “yes and
p198
we will silence you by and by” the door of the House was then opened and Brady enquired if any Prisoner had come in the Boat with Whyte, one man said he had been made a Prisoner by Whyte in the Straits, he was ordered out of the House and Brady said to him now you are free, go which was you like, the man replied there is nothing against me I do not want to go, Brady said “well do as you like” he then ordered Cairns, Reid, and I to go out of the House, and our hands to be untied, he then told us to go into another room where there were two of three of the Bushrangers and get our suppers, whilst we were eating one of those Bushrangers said “the Glory is gone past, and we have missed our liberty on account of that old Bugger running away”, another replied “it is all right still, we can have her yet”, the other answered “we cannot do it, Boats will be from Launceston before we can get her out of the Heads”, others of the Bushrangers then came into the Room, one of them proposed to shoot Mr Whyte, others to crop his ears, and others to make his go down to the Glory, hail her, go on board, and navigated her for them, some of the Bushrangers then said they would not take the Glory on account of Parties, when Brady said, “oh damn it we will take the Boat belonging to the Duke of York out of the Heads and you Cairns must go with us and pilot her” Cairns
p199
said he never Piloted a Boat in his life, Brady said he should go, and ordered Reid and I to take the luggage down to the Boat, we did so and retuned to the door of the House, Brady called Mr Smith out and asked him what property he had got in the Boat, Mr Smith said a suit of Black clothes in a canvas bag, Brady then went with me to the Boar and made me take the bag to Mr Smith, who said part of the things in it belonged to Mr Whyte /this was in answer to an inquiry from Brady/ who ordered him to take his own clothing out of the Bag, which he did, and Brady put the remainder into the boat; a long consultation took place amongst the Bushrangers during which it was said that Hilton and another convict were on board the Glory sentenced to Norfolk Island, and Brady recommended that they should be liberated, he then desired the other Bushrangers to got out and determine what they should do, they went out, and in about five minutes two of them came back and told Brady that they, the Bushrangers, wished to go on board the Brig Glory, and go down in her if she were attacked, I then asked Brady to let me go, he appeared perplexed, and said I do not know what to do, went out of the Room where we were, returned again, and called
p200
me and Reid out of the Room and told us he would let us go, Bryan one of the Bushrangers came up to Brady, and said “What shall we do with this Whyte, let us shoot the Bugger” I begged they would not commit any murder whilst I was with them, when Bird proposed to cut off Whyte’s ears, I said he has a wife and three children, when Brady answered “well we will not cut off his ears, there is no surgeon here, he will bleed to death, I will give him a reprimand, come Watson and Reid, go in here with him”, and then put us into the room with Whyte and his crew. Brady then told Whyte that they had first proposed to shoot him, then not to take his life but cut off his ears, and afterwards to let him go on account of his family, and added “I do not think you are worthy to die yet, I will let you live a little longer and I hope I shall hear a better character of you”. Brady then gave a musket to one of the persons who came with Whyte after pouring water into the barrel, and taking out the flint, and said “I desire you will remain here all night, there is a sheep ready killed, which you may eat, and if any questions are asked about it say Brady gave it to you, Mr Smith there is a good Bed for you, good night Boys” and then shut the door and went away
p201
with all his party, about ten minutes or a quarter of an hour afterwards, I went our at the door and saw a Boatfull of men about sixty yards from the landing place, going obliquely down the River; I soon after went down to the landing place, Mr Whytes Boat was gone and a Government Boat that was lying there which had arrived soon after Mr Whyte came there, and whale crew where made Prisoners, whilst Mr Whytes crew Reid, Cairn and I were confined, and were put into the Room with us that Boat was stove and lying high and dry, the Tide was three parts out when Brady and his party left Gildas’s.
The Bushrangers kept no sentinel whilst they were in the Bush generally lighted their fires so soon as they stopped on an afternoon, and lessened the quantity of fire before they went to sleep, the names I heard the bushrangers called by were Brady, Bird, Murphy, a boy called Edward, John Tilly, Patrick Bryan and Goodwin who is sometimes called Simpson, they were all well dressed and each armed with a soldiers musket and bayonet, Brady had a double barrelled Pistol and the other Bushrangers had some one and some two Pistols, Bryan had a three barrelled brass Pistol, I believe they had about two hundred rounds of Ball cartridges when they left Mr Gildas’s besides a large quantity of loose powder and shot, a bag full of Tea, about eighty pounds of sugar, but not more
P202
than six or seven pounds of Biscuit no flour, and no meat except one sheep, which they took from Gildas, also a bag of onions and some peaches; they had a kangaroo bitch, I am not certain if there were any sails in the Boat.
One of the Horses was a dark brown coloured horse, another a bay mare, and the third a black mare, which the Bushrangers said they had taken with another mare from Mr Lawrence’s; the Bushrangers asked me what sort of a man Mr Lawrence was, I said I had never heard anything against him, they said that they had been informed that his overseer and
some of his men had been after them, that the overseer had come up to Mr Laurence’s House whilst they were there, that they had fired at him but were not sure whether they had killed him or not, that they had burnt Mr Lawrence’s House and wheat on account of this overseer and men going after them, and taken away his horses, that if Mr Lawrence bore a good character they were sorry for him, and hoped he would get a better overseer.
I found this pistol marked /Scudamore & co/ after the bushrangers had gone from Mr Gildas’s by the side of a Bag containing some sugar near where they had piled their arms; they did not appear to place more confidence in Reid than in Cairns or I, they took Cairns away with them from Gildas’s he was not a sailor.
P203
I had no jacket on when the Bushrangers took me prisoner, they gave me this jacket the same evening, and said they had got it from Mr Young.
Whilst I was with the Bushrangers I gathered from what they said, that there were five more belonging to the Party not long ago, who had separated from them and were led by Patrick Dunn, and that Coady? was amongst them, who Brady said was a very good look out, I think they differed in consequence of some action they had in which they lost a man, and that they parted only a few days before they went to Mr Lawrences. I frequently heard them mention their Farm, and that when they were there altogether they used to run races with their horses, after the Bushrangers left Mr Gildas’s, Mr Smith and some of the sailors left the House as they said to repair the Government Boat, returned in about half an hour, had some tea and awoke Mr Whyte; who was asleep, and everyone left the House.
[ version changes below from what is on p25+ earlier in this volume]
Reid and I came to Launceston by Land. Mr Whyte Mr Smith and the rest went towards the boat; the Bushrangers killed and destroyed five of Mr Gildas’s sheep including the one they took away with them, and the one they left with us in the House.
P204
I saw no mutton salted at Gildas’s. After Goodwin had taken my musket from me the Party allowed me to hide it and my ammunition, I know where to find them.
I saw Gildas’s Boat that the Bushrangers made the oars for on the Sunday lying high and dry on the wharf, after they had left in Mr Whyte’s Boat
/signed/ Thomas Watson
Sworn before m at Launceston this twenty eighth day of February 1826
PW Mulgrave JP
The further information of Thomas Watson who saith the Rum that the Bushrangers had with them was drank in the first three days after I had fell in with them, Murphy had charge of a Bundle of Plate amongst which I saw about twenty silver spoons and four or five silver sups with handles when we were at Gildas’s the Bushranger took a watch from Mr Whyte and one from Captain Smith they returned Smith’s watch but kept Mr Whyte’s.
Whilst Brady Cairns and Reid were absent from the party on Friday morning Murphy took me up a hill about three miles from the party from which we saw Mount Direction and the River Tamar, we were absent about two Hours.
Thomas Watson (his signature)
[below in margin on right side]
Taken before me at Launceston this second day of March 1826
PA Mulgrave JP (signed)
** The bushrangers had a double barrelled gun with them when they were at Gildas’s.
Information of Thomas Watson
March 1826
Bushrangers (in pencil)
P205
The information of Mr Charles Dowdell who being sworn saith, some time about the middle of October last, I left Hobart Town with a Sealing Boat I had hired from Mr Nichol of Brown’s River, and took her to east Bay Neck near Oyster Bay where I saw the black native Boy named Robert Murray, now present, he said he had been in the service of Mr Ralph Dodds, and that that Gentleman had turned him away, and said he wanted to go to the Straits, I told him I was going to the White Rock and that he might go with me he said he would go to the White Rock, and got into the Boat I put him upon the White Rock, and a few days afterwards I went to Hobart Town leaving the Boy Murray upon the Rock with William Young, a sealer; I hired a sloop called the Union at Hobart Town, and arrived at the White Rock with her about the tenth day of November about a week after I sent the Union to Scouten Islands seven miles from the White Rock, and one mile from the main of Van Diemen’s Land, her crew consisted of
P206
A man named Peter [blank space] who had charge of her, and the native Boy Murray, she went to the Scouten Islands for wood and water she had a small Boat belonging to her, which Boat had no name, but was usually called the Dingy, ten or twelve days after the Union had left the White Rock Peter [blank space] returned to the White Rock in a boat called the Blue Eyed Maid, and told me that early one morning (either the nineteenth or the twentieth of November) the black Boy Murray had absconded from the Sloop Union, and had taken the Dingy with him, and that about four Hours afterwards, Brady and his Party /Bushrangers/ arrived on board the Union in the Blue Eyed Maid boat and seized upon the Union and took her away, and made him their Prisoner, and that he had not seen either the Boy Murray or the Dingy since, I believe Peter’s statement to be true.
Charles X Dowdell
His mark
Sworn before me at Launceston
This fourth day of March 1826
PA Mulgrave JP
Dowdell vs Murray
4th march 1826
Brady [in pencil]
P207
The affadavit of Mr William Young who deposeth and saith the double barrelled Gun no produced is my property and was feloniously stolen from my Residence at the lake River by Matthew Brady and his party /Bushrangers/ on the twentieth of last February
W Young (signed)
Sworn before me at Launceston
This eighteenth day of March 1826
PA Mulgrave JP
P208
[back of previous page]
the affadavit of William Young
GUN
March 1826 Brady [in pencil]
P209
Police office 2 March [in pencil]
The information of Mr James Clark Smith owner of the Schooner Caledonia who being sworn saith on Sunday evening last the twenty sixth day of February last about nine c clock I landed at Mr Gildas’s wharf on the west bank of the Tamar from a Boat called the Blue Eyed Maid in company with Mr Thomas Whyte commander of the Brig Duke of York and five seamen it was so dark that I could not see any person on the Beach whilst the boat was approaching the shore. I was the first man that got out of the boat, I landed upon the jetty and walked a few steps when several voices exclaimed we are the Bushrangers lay down or we will Blow your Brains out and at that moment I received a blow upon my head I fell I saw a number of armed men around me and one of them said it is the commandant knock his bloody brains out I then received another blow I begged for mercy and said I am not the Commandant that man who had knocked me down said who are you I said Smith he replied what Captain Smith and immediately lifted me up, so soon as they
P210
Struck me they snatched my watch from my Person they marched the whole of us to the House, one of the Bushrangers who I afterwards heard called Brady said to Mr Whyte do you remember chasing me off Maria Island, Whyte said he was only doing his duty Brady and several others of the Bushrangers threatened to take Whyte’s life, I begged hard for him to be spared, they then said they would cutt off his Ears, I again interceded for him and they said they should give him a Reprimand.
I saw no double barrelled Gun in the possession of the Bushrangers nor in or about Gildas’s House.
After I had been at Gildas’s about fifteen minutes another Boat arrived the men who came in that Boat were taken up to the House and put into a Room with us who had been made Prisonders and a double sentry placed at the Door, a few minutes after Brady came into the Room and returned me my watch and said he was sorry I had been hurt they afterwards threted me with kindness.
The man who knocked me down was called Brd he said there was a Rope bar and a Gallows erected and if I had been the Commandant they would have
P211
Hung me, the Bushrangers treated none of their Prisoners with rashness. Brady told Mr Whyte of several things he had said in different Public Houses in Hobart Town respecting his chasing the Bushrangers and how he would treat them.
Brady asked me several questions about the vessels then in the Tamar and what vessels there were in the Straits also the Distance from one Island to another. I could not give him any satisfactory account about the vessels, I told him the distance between the islands he said he should take me on Board the Glory and mae me navigate her to South America, I begged he would not take me away, the Glory passed Gildas’s whilst I was there after she had passed about two hours Brady and his party left the House taking with them a man who had his Hands tied when I landed, I remained in the House a few minutes after the Bushrangers left went to the Jetty and saw a Boat full of men in the stream pulling down the river. I repaired a Boat that had been stove nd was lying at the wharf and embarked with Mr Whyte with several others and arrived at Launceston the next morning about half past six.
P212
TheBushrangers took a watch from Mr Whyte and the Chief part of his clothing.
JC? Smith (signed)
Matthew Brady and Others
March 1826
P213
The voluntary statement of John Perry a convict confined in His Majesty’s Gaol at Launceston who saith I broke out of the Watch House at Launceston with Edward Russell, James Hopkins and Thomas Jeffries on a Sunday night two or three week before Christmas, Hopkins left us soon after, I had rather not say when, Jeffries, Russell and I fell in with two men on Christmas Day near a tent about six miles from Mr Sutherland’s, one of them fired at us, the other ran away all three of us then fired, one of our shot wounded the man who had fired at us in the thigh, we ordered him to carry a knapsack at some distance from where we had wounded him he refused to do so and Russell shot him in the Body and he immediately fell and we left him. We broke his gun and left it on a tree near the place where we first shot him.
A fortnight or three weeks afterwards Jeffries, Russell and I went to the House of John Tibbs Junior, we took Tibbs, his wife, his Government man and his child away after robbing the Hut, we then fell in with a Stockkeeper and afterwards with one of Mr Barnard’s men. I believe his overseers, we had fallen in with two of Mr Barnard’s men before we went to Tibb’s and had them with us, when we had got about two miles from Tibb’s, Russell and I took Tibbs
P214
The stockkeeper, and Mrs Tibbs and her child from the rest of the Party, after one of Mr Barnard’s men had tied the hands of Tibbs and the stockkeeper, and when they had gone with us about a quarter of a mile, Russell and ordered Tibbs and the Stockkeepers to say their Prayers, the stockkeeper knelt down, Russell shot him with a pistol, I fired at Tibbs with a musket which I had loaded that morning with gunpowder and seven pistol balls, he ran away, I ran after him and knocked him down with my musket, his hands then got loose which had been tied with my black silk handkerchief, and he ran away, I picked up my handkerchief and soon afterwards rejoined Russell and Mrs Tibbs near the body of the man that Russell had shot, about an hour after we overtook Jeffries with two of Mr Barnard’s men and Tibb’s man, the man who had tied Tibb’s hands was absent, Jeffries soon after took away Mrs Tibbs child accompanied by Russell, and after they had been absent about half an hour they returned without the child, the next morning Jeffries sent away Mrs Tibbs and one of Mr Barnard’s men, and in the course of the afternoon sent away the other two men singly.
About five days after that, Jeffries, Russell and I went to the Heads near George Town, took a soldier Prisoner whose musket was hanging over the fire place then went
P215
To Parish’s Hut, robbed it, took Parish, the Soldier and a sailor away with us, but released parish and the sailor, about eleven o clock that day, we released the soldier the next morning near Piper’s River, we then kept along the sea coast for three days, and after crossing three rivers fell in with four men and a black woman about twelve o clock on the fourth day after we had left the heads, all the men had Guns, two of them had pea jackets, checked shirts and red caps, the two other men had red shirts and sealskins caps, all four of them had canvas trowsers, one of them who had a pea jacket was a thin middle sized old man, he had a red comforter round his neck and carried his ammunition in a kangaroo skin pouch fastened round him with a leather belt, the other man in a pea jacket was about twenty three years of age, light hair and fair complexion, he had a pouch similar to the others – the men in red shirts were about five feet ten inches high, stout made and dark complexion, one of them had a red comforter, the other a black comforter with a green stripe, they appeared about thirty years old and resembled each other very much, I saw them when I was at Preservation Island they belonged to a Sydney boat, as they approached us they said
P216
Ground your arms, Jeffries, Russell and I replied, we will see you damned first, and all three of us immediately fired at them and three of them fell, Jeffries fired with his pistol, we were not more than twenty yards from them, the fourth man ran away when his comrades fell, Jeffries fired at him with his musket, and he fell, we went to the Bodies, I overhauled two of them, they were quite dead, and were shot in the head, Jeffries overhauled the third, I do not know where he was wounded, Russell went to the man who ran away, and knocked his brains out with a musket. Russell said he was wounded in the neck, we took nothing from them but their ammunition, they had no provisions, they had two kangaroo dogs which ran away, we broke the four guns and left them near the bodies upon a bit of a rise, on a bank about twenty yards from the sea beach, about a quarter of a mile on this side of the fourth river beyond Pipers River, they came upon us by surprise near the scrub which runs from the third to the fourth river, after we shot the men, the black woman came to us, and told us they were Boatmen, and were going after Jins {women – Gins?} we could not understand her sufficiently to make out where the Boat was, after searching the Bodies we left them, and took the black woman to a Lagoon about a quarter of a mile off, where all three of
P217
Us had connexion with her, Jeffries first, then I and afterwards Russell, we then all four dined together off some fat cakes and kangaroo steamer, neither of us had any further connexion with the woman; about three of four o clock in the afternoon Jeffries said the Blacks were all treacherous that he had been taken by them at Sydney, and shot her through the head with a pistol, we lighted another fire about thirty yards off, and remained there all night; we did not bury any of the bodies, we then went towards the George Town Road, and two or three days afterwards fell in with Bruce the Messenger, took him about half a mile off the road and examined the Letter Bag, we kept him that night with us and fell in with Magnus Bakie the next morning, about daylight, who said he had lost himself, we gave him and Bruce some Breakfast of fat cakes and tea, and then made Bakie carry two kangaroo Rugs, six or seven Miles, when Jeffries put a Pistol over my shoulder and shot Bakie who was walking close before me, at the back part of the Head, who instantly fell and never moved afterwards; Russell then took the Rugs off Bakie’s back. Bakie’s body was left about seven miles from the George Town Road, on some open ground resembling
P218
East arm flats, near the naked stump of a she oak tree, about seven feet high, we then took Bruce about two miles farther to the north east, gave him his dinner and sent him away.
We had at this time not more than seven pounds of flour, about three pounds of fat, no meat and no Dog with us, we travelled to the southward and eastwards about seven miles that day, and slept in a scrub, the next day we crossed several high Hills to the eastward, and the day after our flour and fat was all expended, I believe we were about thirty miles from Launceston, and to the northward and eastward of it, we did not know the way to any inhabited part of the island at this time and were two or three days without food of any kind when Jeffries shot a cockatoo which was equally divided between us, three or four days after, when we were much exhausted for want of food Jeffries said to me and Russell, if you like the first man that falls asleep shall be shot, and become food for the other two, Russell and I said “we board it” / were glad of it/ two days after we were going up a rocky and scrubby high hill, when we all sat down to rest ourselves, about eleven o clock in the day, Russell fell asleep, I was sitting close to him, I took a pistol from my knapsack which was loaded with three balls, and shot Russell in the forehead, he expired without a groan, I took out my knife and cut off about seven or eight pounds of flesh from the thick parts of his thighs
P219
I made a fire and broiled some of it on the fire, and Jeffries and I ate about a pound of it, I put the rest into my knapsack, and Jeffries and I travelled on, leaving Russell’s musket by the side of his body, Jeffries also left his musket there, I had a fowling piece and three pistols, Jeffries had two pistols, five days after we made Miller’s Hut, we made the man that was there kill two sheep, we stopped there a day and a night, when we went away taking with us the remains of the two sheep about four pounds of flour and a musket, we took the stockkeeper from the Hut t carry our wag, we went on to Spring Plains, as we were crossing a Creek the pressed man threw down the mutton and flour, and ran away, we went to Joseph Lowe’s Hut at Spring Plains between twelve and one o clock in the ay, as we approached the Hut we saw several Men lying down upon some wool in the Hut, we placed ourselves behind some trees, and Jeffries said come out of the Hut all of you, and if you offer to take up your arms we will blow your brains out, they scrambled for their arms, Jeffries and I both fired and wounded one of the men in the Hut, and six men run away from the Hut, one of the Soldiers levelled his piece at me but did not fire, I was some distance form the Tree at the time, Jeffries and I ran to the hut
P220
And found four muskets and a fowling piece, we took two of the soldier’s muskets, and broke the rest, well as the two muskets we brought to the Hut, we took some tea, sugar, flour, and meat from the Hut, and travelled into the Bush seven or eight miles in search of water, about ten o clock that night I left Jeffries, my musket and knapsack by the side of a small fire, and went in search of water, it was a fine moon light night, I lost myself, and could no find the way back to the fire, the next day I found myself at Break of day Plains, I steered from thence to the westwards until I fell in with Mr McRae as I have before stated.
It was about a week or nine days from the time I left Jeffries until I fell in with MrMcRae I went into several Huts during that time, I do not wish to mentioned what huts, I procured a musket during that time, I cannot say from whom, or where form, I had it with me when I was taken. What I have stated about the four men and the black woman is all a lie all the rest is true.
Taken before me at Launceston
This fourteenth day of march 1826
PA Mulgrave JP
P221
That part of the information of John Perry respecting Thomas Jeffries, Edward Russell and the said Perry having fallen in with and killed four men and a woman on the sea coast to the northward and eastward of George Town being read Jeffries declairs Perry’s statement is totally false but admits that he shot Magnus Bakie in presence of Bruce the Messenger at the time and place described in Perry’s statement.
Witness my hand at Launceston the 14th of March 1826
PA Mulgrave JP
P222
[on back of prior page]
John Perry
Confessions
Feb and March 1826
bushrangers [in pencil]
p223
Cornwall
Van Diemen’s Land
To Wit
The information of Michael Fitzgerald who being sworn saith I recollect when Mr Charlton’s man Thomas Wiggins drove a number of sheep past my house about a month ago some of them marked with a black mark in the forehead three or four days afterwards my son drove four sheep into my yards o marked they have since strayed away.
Michael Fitzgerald (signed)
Sworn before me at Launceston this sixteenth day of August 1826
PA Mulgrave JP
P224
[back of prior page]
covered name vs Wiggins and Peele
Decided 25th Nov 1826
P225
Oct 1826 [in blue pencil]
Cornwall
Van Diemen’s Land
To wit
The information of Mr Charles Dry who being sworn saith I reside at Quambies about the latter end of September 1825 when the House was attacked by a arty of bushrangers headed by a man called Brady who feloniously stole and carried away a fowling piece the property of Mr Ralph Compton he had no other fowling piece besides that one I think I should know it again if I was to see it I believe this is the Gun I am almost certain this is the same Mr Compton was from home at the time
Signed Charles Dry (curly “D”)
Sworn before me at Launceston this fourth day of October 1826
/signd/ PA Mulgrave JP
The information on oath of Mr R Compton who saith the beginning of September 1825 I left the farm of Mr Richard Dry at Quambys where I had previously resided upwards of two years I left a fowling piece in the Back Room of the dwelling house it was my property I should know the fowling piece if I were to see it the maker’s name is Wilkinson I brought it from England with me I had the Gun striked? After I arrived in Van Diemen’s land I believe with
P226
Cherry tree wood, this is the gun
Sigd R Compton
Sworn before me at Launceston this twenty eight day of October 1826
/signd/ PA Mulgrave JP
Cornwall Van Diemen’s land
To Wit
The information of Thomas Johnson a constable at Launceston who being sworn saith I remember going with PA Mulgrave Esq Superintendent of Police to the House of Andrew Clephane About the 18th of July last he was near the house I called to him and he unlocked the front door of the house the windows were fastened I searched a Box in the inner room which Clephane Said was his it contained a fowling piece which he said had been sent to hm by a person in the Country whose name he could not remember that it was sent to him to have a ramrod made to it the Barrel stock and lock were all in the Box but separate from each other I had hold of the barrel when Clephane said he was to make a ramrod to it Mr Mulgrave took it out of my hand an a ramrod fell our of the Barrel Mr Mulgrave said I thought you had had this gun to make a ramrod to it – Clephane said no – I had it to make a screw he appeared embarrassed Mr Mulgrave
P227
Ordered him to put the Gun together he did so the ramrod appeared to fit the gun and belong thereto there was a hasp?mould for casting bullets and shot and a powder flask and several other articles in the Box, Mr Mulgrave asked him if he had any other arms in the house he said he did not know of any other and that he had none, I searched the bark skilling and a loft over the room where I had found the fowling piece in the Box and sloe to the edge of the loft I found another fowling piece Clephane said he did not know it was there and that he did not know any thing about it Mr Mulgrave asked him again who had left the Gun in the Box he said should be able to get his name in a little time Mr Mulgrave took the two fowling pieces to the Police Office and I followed him with the other articles in a handkerchief this is the Gun that was in the Box this is the Gun that was in the loft this powder flask those metal moulds this lock of a gun this copper Bolt and this Blue cloth waistcoat were taken our of the Box in Clephanes room and conveyed by me to the Police Office where I delivered them to Mr Mulgrave.
A few days, not more than a week before I went to Clephane’s House with Mr Mulgrave I searched the same house in company with Chief Constable Lawson when Clephane said that he had no Lodgers, that he did not keep any and that all the things in the house were his own.
Sigd Thomas Johnson (not original signature?)
Sworn before me at Launceston this third day of November 1826
/sigd/ PA Mulgrave JP
p228
Be it remembered that on Tuesday the eighteenth day of last July I went with Constable Thomas Johnson for the purpose of searching the house of Andrew Clephane In Launceston when I had received information that stolen arms were concealed Clephane was near the house he unlocked the front Door the windows appeared fastened Johnson searched a Trunk in an inner room in which there were the Barrel and stock of a Gun, I asked Clephane who he had got them from, he said a person in the country whose name he did not know that he was to make a ramrod to the Gun, I then perceived there was something in the Barrel which Johnson held in his hand like the larger end of a ramrod I took the barrel from Johnson and the ramrod fell out I said to Clephane I thought you was to make a ramrod to this gun, he replied no I was to make a screw to it and appeared remarkably embarrassed I desired him to put the gun together he did so and there appeared no screw wanting this gun is the same and inverified? before me by Charles Dry and Mr Ralph Compton as the property of the latter it has not been out of my possession since, Johnson took another Gun out of a loft in Clephane ‘s House which I still have Clephane had previously said that he had no other arms in the House that he did not know there were any besides the Gun in his box, this copper bolt this powder flask this blue waistcoat this brass mould and this Gun lock were delivered to me by Thomas Johnson at the Police Office that day they have not been out of my possession since, I saw him take similar articles out of the Box where he found the Gun, Clephane told me no person had lodged with him in that house during the preceeding fortnight.
P229
The examination of Andrew Clephane who saith Thomas Stewart of Launceston was in the house where I lived when the gun that was taken our of my box by constable Johnson in the presence of Mr Mulgrave was brought to me by some person from the country who I do not know some time in the beginning of Harvest I do not know the day or month I lent that Gun several times to Robert Towers and Thomas Peffery/Jeffery?, the gun was left with me to get a ramrod and sight made to it – Robert Towers made the wooden part of this ramrod and I made this sight, I had not said in the Police Office I could bring the person forward who was present when I put the sight on the Gun I know nothing of the other Gun found in my House, I did not know it was there I cannot write I did not take down the persons name who brought the gun.
Taken before me at Launceston the third and ninth day of Novr 1826
/sigd/ PA Mulgrave JP
The information of JW Bell who being sworn saith I am chief clerk in the Plice Office at Launceston and heard Andrew Clephane say this day that he could bring a person forward who was present when he put the sight to the Gun that had been taken out of this Box by constable Johnson.
Sworn before me at Launceston the third day of November 1826
/sigd/ PA Mulgrave JP
p230
The information of Thomas Jeffery a convict who being sworn saith three or four months ago I obtained a pass to do to the Cocked Hat Hill and the night before I went I borrowed a fowling piece of Andrew Clephane it was on a Saturday night. I got the Gun which I returned to him the next Tuesday morning, a week or ten days afterwards I asked Clephane if he would sell me the Fun I had borrowed of him he said no I have lent it to Mr Towers and I think he is going to have it. I never borrowed any other Fun of Andrew Clephane it was a small fowling piece with a small silon? Sight, and a small piece of Gold bit? Into the stock I do not know the makers name. I think it had a colonial made stock I borrowed this same Gun of Mr Towers once or twice by Cliphane’s permission and sent it back to Mr Towers by his servant, Clephane never told me that he got the piece from any other person, I think he told me it was his own
/sigd/ Thomas Jeffery
Sworn before me at Launceston the third day of November 1826
/sigd/ PA Mulgrave JP
The information of Mr Robert Towers who being sworn saith some time after last harvest I borrowed a single barrelled fowling piece of Andrew Clephane
Twice for two or three days each time, the first time it was without a ramrod I made the wooden part of a ramrod to it Clephane
P231
Said he had received it from the country to put a sight to it he did not say from where he had received it, I never told any person he agreed to sell me the Gun, I think it had been stocked in the colony, this is the Gun, I know it, by the lock? Which is a remarkable one
/sigd/ R. Towers
Sworn before me at Launceston the ninth day of November 1826
/sigd/ PA Mulgrave JP
The information of Thomas Stewart who being sworn saith I am a carpenter, free by servitude, and reside in Launceston about three months ago, I am sure it is not six months ago, I was in the house of Andrew Clephane of Launceston when a man same there with a fowling piece without a sight and ramrod and requested Clephane to repair it and whatever he charged he would send him in by some of his fellow servants to pay him when he came in himself. Clephane asked him to whom he belonged he said he was a shepherd of storekeeper to Poll Smith and that his name was Samuel Barry or Parry I am sure it was some such name as Barry or Parry, I know it was Samuel he went our and returned with a piece of paper which he delivered to Clephane and which he said his name was written, I saw it in Pencil, there was dispute between that man and Clephane about the stock of the Gun whether
P232
It was striked in England or in this colony, I said I thought it was striked with colonial cherry tree, have not had any conversation with any person since that day about that Gun, I believe this is the Gun, I know it by these marks in the Stock, I never saw any other Gun in Clephane’s House he has known me ever since I was a school boy, I knew him at that time he lived in the high Street in Glasgow his brother and mine were Partners in trade, I have known his since I came to Launceston
/sigd/ Thomas Stewart
The information of William Hayes who being sworn saith I am a shoemaker I resided at Norfolk Plains during the months of April and May last in one of those months – Andrew Clephane Went with me from Launceston to Norfolk Plains he had a fowling piece with him which he said a man had left with him to get repaired and he wished he would call for it he did not say where the man lived or his name he said he was to call at Mrs Smith for a trifle of money that was owing to him by a man called Joshua Darby who lived at Mrs Mary Smith’s commonly called Moll or Poll Smith, Clephane did not say the Gun belonged to one of her servants, I believe this is the Gun
P233
He had with him.
Sigd Wm Hayes
Sworn before me at Launceston the ninth day November 1826
/sigd/ PA Mulgrave JP
The information of Joshua Darby a prisoner of the Crown who being sworn saith last harvest I was in the service of Mrs Mary Smith of Norfolk about that time Andrew Clephane called upon me there and requested the payment of a debt I owed him he had a Gun with him he did not say that he had repaired it for Samuel Parry who then lived at Mrs Smith’s stock run and who has since been killed by the Black natives.
/marked by/ Joshua x Darby
his mark
Sworn before me at Launceston the ninth day of Nov 1826
/sigd/ PA Mulgrave JP
p234
rex v Andrew Clephane
original sent to the attorney General 20th Nov 1826
6 Dry
Quambie
Re Brady [in pencil]
P235
Cornwall
Van Diemen’s Land
To wit
The information of Michael Purdon who being sworn saith I am the Mate of the Nelson Schooner on the evening of the 26th ultimo Richard Marsh rowed me on board that vessel from the wharf at George Town he said he had had nothing to eat since the day before and requested me to give him some Tobacco. I took him into my Cabin and gave him some that I had concealed in a caddy near my bed place upon the top of that caddy there was a red woollen shirt worth one shilling and a pair of Linen trowsers worth two shillings my property I left Marsh in the Cabin shilst I went into the Hold to procure him some Biscuit which I gave him and some meat he then went on shore in the Boat there was no Person with him I remained out of the Cabin two or three minutes the next morning at day light I missed the shirt and Trowsers before I went into the Cabin with Marsh he saw me pour some Rum out of a Cask which I took from a secret place in the hold and gave him to drink the cask contained about two Gallons of Rum at that time the next morning at day light I also missed the Cask of Rum. Cross examined: I did not give the prisoner anything to take on shore with him except some Biscuit, I recollect everything that passed, I saw my Trowsers in the possession of William Longhurst the following Thursday.
/signed/ Michael Purdon
Sworn before me at Launceston
This tenth day of October 1826
/signed/ PA Mulgrave JP
[see footnote re SCHOONER NELSON ][ii]
p236
The information of Peter Stewart Master of the Schooner Nelson who being sworn saith I left my vessel on Sunday the 24th of September at George Town a narrow striped cotton shirt a pair of nankin Trowsers and a cotton Handkerchief all my property were there lying in my bedplace in the Cabin Michael Purdon was left in charge of the vessel I returned to her the following Wednesday I then missed those articles I procured a constable who delivered me an supply? Tin? Belonging to the Van Diemen’s land Company which had had preserved mear in it it smelt strong of Rum. Pinice? Said that John Murray had taken the Tin there the person who was with me was named Hutchinson he took that tin we then went to the House occupied by James Jessop and found upon a bed in the House a Pair of canvas Trowsers which Jessop said he had made himself I delivered them to William Longhurst the Gaoler believing they were the property of Michael Purdon On Thursday afternoon Jessop sent for me to the Gaol ad told me he could tell me where the things were I had lost but did not there do so the next morning he sent for me again and told me that his wife could tell me where my things were I went to his House and Elizabeth Jeffery his wife told me I should find the articles
P237
I had missed in the ruins of a skilling adjoining her House. I then found a striped cotton shirt a pair of nankeen trowsers and a white handkerchief which I had left on my bedplace on the 24th ultimo neither Jessop nor his wife said how they came there. The schooner Nelson is the joint property of Edward Curr and Stephen Adey Esquires.
/signed/ Peter Stewart
Sworn before me at Launceston this tenth day of October 1826
/signed/ PA Mulgrave
The information of William Longhurst Gaoler at George Town who being sworn saith on Thursday the 28th day of September last I serched the House of James Jessop at George Town this pair of canvas Trowsers I found on Jessop’s bed he said they were his and that he made them he had been drinking but appeared to know what he was about on Friday morning Jessop told Mr Stewart that he would send for this wife who sould find some of his /Stewarts/ property Elizabeth Jessop came to the gaol they conversed together privately when Jessop told
P238
Me if I went to his house in an hours time I should find some of r Stewart’s things. I went there about two or three o clock Mr Stewart was with me Mrs Jessop told me if I went into the next skilling I should find a Bundle I went into the skilling and under a quantity of broken Bricks found this striped cotton shirt and this white cotton handkerchief also this pair of nankeen Trowsers.
/signed/ Wm Longhurst
Sworn before me at Launceston the twelfth day of October 1826
/signed PA Mulgrave
The examination of Richard Marsh who saith I went on board the schooner Nelson with Michael Purton at George Town on Tuesday or Wednesday about the 26th of September he asked me to exchange a pair of woollen cloth trowsers for a pair of canvas trowsers which he delivered to me and said he would take the woollen trowsers when he next come on shore these were the woollen trowsers I had thence then on my Person I carried the trowsers he gave me to Jessop’s house and left them there I did not lodge at Jessop’s I never knew Purton before
Richard X Marsh
His mark
P239
Taken before me at Launceston this tenth day of October 1826
/signed/ PA Mulgrave JP
The examination of James Jessop a convict in the Public Works at George Town who saith on Tuesday the 26th of September Richard Marsh brought a pair of canvas trowsers to my House and asked me to let them remain there until he could take them down to the Boat that he did not like to take them to the Penitentiary he did not tell me where he got them from he had a Bundle tied up in a White Handkerchief which I saw him take into a ruined skilling adjoining my House and come out again without them I therefore supposed he had hidden them when I said I had made the Trowsers I was intoxicated.
James X Jessop
His mark
Taken before me at Launceston this tenth day of October 1826
P240
The examination of Elizabeth Jessop who saith John Murry left this pair of canvas trowsers at my Husband’s House about a fortnight ago he came there on an evening very tipsey and asked my husband permission to leave them there I know nothing about tis striped shirt this Handkerchief nor this pair of nankeen trowsers I never told Longhurst they were in the next skilling to my Husband’s house I never told him he would find a bundle there I am sure Richard Marsh did not bring this pair of canvas trowsers to my Husband’s house I am ready to swear to the truth of this statement.
Taken before me at Launceston the twelfth day of October 1826
/signed/ PA Mulgrave JP
p241
Richard Marsh
James Jessop
Originals went to the attorney general 30th October ‘26
Schooner Nelson
Property VDL Company
E Curr
[in pencil]
p242
Van Diemen’s Land
Woolmers, Lake River
22nd Nov 1826
Present
Tho archer J.P.
Benjamin Waldron convict per arab /sentence life/ assigned servant to Mr Patrick Kean of Norfolk Plains, charged with suspicion of having killed a young Beast /steer or heifer/ the property of some person at present unknown and with having in his possession a piece of beef, being part of the carcass of the said steer or heifer
Prisoner pleads not guilty
The information on oath of James Kean taken before Thomas Archer JP on the 20th Novr instant read – also the examination of Benjamin Waldron taken on the same day being read –
James Kean, sworn saith, I have not been able to discover to whom the steer or heifer found killed near Herberts Lagoon on the 26th November belongs, nor have I been able to discover any thing further relative thereto – as I was taking the prisoner Benjamin Waldron to the constable at Norfolk Plains on Monday last the 20th inst. He said to me, “do not expect to get me back again for it you do I will kill your cattle as fast as I can come up with them”.
Sworn before me at Woolmers this 22nd day of Novr 1826 in presence of the prisoner
Tho: Archer JP
P243
Benjamin Waldron says, he does not wish to say anything farther –
The prisoner committed for further examination
Tho: Archer
P244
Van Diemen’s Land
The examination of Benjamin Waldron (looks a bit like Watson) convict, per arab, sentence life – does not know his Police Number, who saith I have been assigned to Mr Patrick Keane nearly two years and have resided upon his farm at Norfolk Plains for more than twelve months – This morning my master sent me after the cattle which I am employed to mind, as I went along I fell in with a young beast lying dead near a place called Herbert Lagoon about a mile & three quarters from my master’s House – the hind quarters of this Beast had been taken away, the hide had been skinned off the hid quarters there was an I branded on the part of the hide which had covered the near hip and some other Letter which I could not make out – I examined the Beast and found it had been shot in the shoulder – on leaving the spot I saw the cattle making a noise round a hole – I went up and on looking saw some bark covered over the Hole, I lifted the Bark up and found this shirt with a piece of Beef in it – I examined the meat and found it was fresh – I tied it up again in the shirt and place it on my
P245
Head intending to take it home to my master & let him see it, when I had proceeded about two hundred yards I saw my master’s son James Kean, I told him where I had found the meat & that there was a beast lying dead near to it and I shewed him where it was – as soon as James Kean saw the Beast, he said I had killed it & that he would take me before a magistrate.
Taken before me this 20th Novr at Woolmers, Lake River
Tho:Archer JP
Benjamin Waldron’s mark X
P246
Van Diemen’s Land
Woolmers, Lake River
20th Novr 1826
The examination of James Keane who saith /in the presence of Benjamin Waldron/ about three o clock on the afternoon of this 20th day of the Month of November I met Benjamin Waldron one of my father’s assigned servants about a mile from the House, where we live – I saw that he had a bundle on his head, I asked him what he had there, he said he had some meat that he was taking home for the dogs – I desired him to shew me the meat, he did so and I found it was beef, quite fresh I asked him to shew me where he had got it from – he took me down to a place called Hebert’s Lagoon and there shewed me the remains of a young Beast; the whole of the hindquarters of which were gone – the Head and neck were there and the forequarters – There was a quantity of blood upon the ground in front of the neck – I also found that the skin had been taken off the Hind Quarters with a knife & turned back towards the forequarters; I observed the letters IB branded on the part of the skin which had covered the rear hip – There are no cattle with this brand in my father’s herd
P247
All his cattle are branded P.K. some on the near hip, some on the near Thigh & some on the off shoulder – To the best of my opinion this small Beast branded I.B. had been killed about twenty four hours – This piece of Beef which I took from the prisoner Benjamin Waldron is a part of the Thigh of a yearling herd of cattle – I desired Benjamin Waldron to take the piece of Beef home to my father
Patrick Kean’s House, he refused to do so and drew back from me saying “take care you do not know who is about you” – intending to frighten me by hinting that there were persons near who would help him – Benjamin Waldron refused to carry the meat home & I was obliged to carry it home myself & I was also obliged to keep hold of him to keep him from going away – when I got home with the meat & the Prisoner, my father desired me to take the prisoner to the District constable Mr Fullarton – I went there & found he was from home – My father then desired me to take the Prisoner Waldron before the Magistrate of the District which I have accordingly done –
I firmly believe
P248
The piece of Beef which I found upon the Prisoner was part of the young Beast which was lying dead at the Herbert’s Lagoon – The Prisoner is employed herding my father’s cattle – when I met the Prisoner with the Beef, he was going from my Father’s House, not towards it –
Sworn before me at Woolmers, Lake River this 20th Novr 1826
Tho:Archer
James Kean (signed)
P249
Rex vs Benjamin Waldron
Dismissed 29th Nov 1826
Woomers
Patrick Keane
[in pencil
p250
Van Diemen’s land
Woolmers, Bathurst
22nd Novr 1826
Present
Tho: Archer J.P.
Joseph Mould Convict per Medway, for life, assigned to Abraham Walker Esq charged with absenting himself from His Master’s Farm for Two Days and two nights without permission – with disobeying his master’s orders and with assaulting & striking at his master with a stick –
The prisoner pleads Guilty
The Prisoner Joseph Mould refused to say anything in his defence, or in excuse for his misconduct – but on the contrary behaved with the greatest insolence, and asserted that he would have killed Mr Walker if he could – and that he should be hanged before long – meaning I suppose that he would commit some act that would bring him to such as end
Tho: Archer J.P.
The Prisoner Joseph Mould is committed for further examination
Tho: Archer J.P.
Remark – the prisoner appears to ne insane
Tho (tiny 2 char signature)
P251
Joseph Moulds
29th November 1826
decided 29th Novr
Woolmers (in pencil)
P252 (see footnote Robert Lawrence [iii] died 1833, botanist)
The information of Mr Robert William Lawrence son of WE Lawrence Esquire who being sworn saith yesterday fortnight I was at the House of my Father at Formosa near the lake River when the Prisoner Patrick Bryan and six or seven other armed men obliged me and some other Persons who they had made their Prisoner put a quantity of straw into my Father’s House to which one of his Companions who was called Murphy set fire, the Prisoner remained near the House armed with a musket and Bayonet until the House was nearly consumed, so soon as the Straw in the House was set fire to some of his Companions set fire to five stacks of corn three of wheat one of barley and another partly of barley and partly of oats, the Prisoner threatened to cut off my ear several times whilst he and his companions made me cook some mutton for them.
Robert William Lawrence (signed)
Sworn before me at Launceston this seventh day of March 1826
PA Mulgrave JP
P253
Cornwall
To Wit
The information of Mr Alexander Rose who being sworn saith, I reside with my uncle Mr David Rose at Emu Plains, about ten o clock this morning the seventh day of March, I was getting my Breakfast in company with Mr Alexander Cameron, when I heard the report of a Gun, I got up and sent out of the House and saw five armed men running towards Mr Rose’s House, they were followed by a Party of twelve or thirteen other armed men who were firing and running the five men they passed Mr Rose’s House at a distance of about six hundred yards, I had only two Guns in the House at the time. Mr Cameron immediately took it and followed them men who were pursuing and firing Samuel Davies, William Hibble /two convicts/ and I follwed, I was armed with a Bayoneet only David and Hibble one of them and Samuel Davies my uncle’s assigned servant requested me to let him have the other, I gave it to him and
P254
Mr Cameron and him immediately followed the men who had run past the House.
I found a Bayonet in the House, William Hibble assigned servant to Mr McKinnon and John Burridge an assigned servant to Mr Lane were near the House, and accompanied me in search of the two men who I supposed had been either wounded or disappeared from the Party of five, as it was well known that a Party of seven Bushrangers were in the neighbourhood when we had got about a quarter of a mile from the House, we fell in with a soldier and James Goodwin a Prisoner, who lives upon Mr Scott’s farm at the Springs, the Soldier said he had left his Comrades with the intention of getting before the Bushrangers and had lost his party in consequence; Goodwin said he had left his house on account of hearing the Report of Guns, the Soldier continued his way to Mr Rose’s House, Goodwin joined Hibble, Burridge and I, the Soldier pointed to the place where he said he had fell in with the Bushrangers, and we continued our way in that direction, and when we had gone about a quarter of a Mile, Hibble said there is a Bushranger, and I immediately saw a man
P255
Running from us, he was about two or three hundred yards from us, we pursued him, I was a little before the men that were with me, and caught hold of the man who was endeavouring to run away he had no jacket or coat on, nor any arms about him, so soon as I caught hold of him he said I am done, I asked him who he was, he would not tell me, he said to me your name is Rose it is a good thing for you I had no arms with me, perhaps in a month’s time you will repent taking me, I took him to my uncle’s House and gave him in charge to the soldier, who tied his Hands behind him with my handkerchief.
Hibble and Burridge were about nine yards behind me where I laid hold of the man, and I am sure ran as fast as they could after the Bushranger. This is the man who calls himself Patrick Bryan who I took this morning at the time and place before mentioned I was present when this pouch of powder and these leaden Balls were taken from his person.
Alexander Rose (signed)
P256
Sworn before me at Launceston this seventh day of March 1826
PA Mulgrave JP
Rex V Patrick Bryan
And others
March 1826
Bushrangers in Pencil
END OF VOLUME
![letter, 5 March 1825, from [as yet] unknown convict [sailed Woolwich] to his wife.](https://manuscript3251.files.wordpress.com/2009/10/dear_wife_2001.jpg?w=195&h=300 "letter, 5 March 1825, from [as yet] unknown convict [sailed Woolwich] to his wife.")