Cause: Arrest Injuries – Erysipela an infection of the skin caused by bacteria
Age: about 44
Funeral date:
Funeral location:
Buried at:
Sub Inspector James Rush
The circumstances of the death of Sub Inspector Rush are yet to be established conclusively. Rush Family tradition suggests that he died of the effects of making an arrest during a raid on a Chinese gambling house in Goulburn Street, Sydney. This is yet to be confirmed. His death was reported in local newspapers as being ” sudden and unexpected “.
” The Sleeping City – The Story of Rookwood Necropolis ” indicates that James Rush was born in 1830, joined the London Police Force in 1852 and was one of a contingent of 100 police recruited from England in 1855, in which year he became a police officer in Sydney. After serving in Forbes (1862 to 1866) and Orange (1866 to 1875) he returned to Sydney and was promoted to sub-inspector. Five years later, he organised a police raid against a notorious gambling house. In carrying out the raid he was fatally injured and died on 20 May, 1880. He was given a full police funeral which was attended by the Inspector General of Police (Mr Edmund Fosberry). Contemporary newspaper accounts of the police raid and the death of the inspector fail to mention any connection between the two.
The cause of death appears to have been erysipelas – an infection of the skin caused by bacteria.
The Australian Town and Country Journal of Saturday 22 May, 1880 reported the following.
“SUB-INSPECTOR RUSH.
One of the oldest members of the police force of New South Wales, Sub-inspector Rush, died on Thursday at his residence, adjoining No. 2 police station. For the past week Mr. Rush had been suffering from erysipelas, and on Wednesday afternoon became delirious and remained so until about 12 o’clock on Thursday, when he passed away. Mr. Rush came to this colony 25 years ago with other members of the police force under agreement to the Government of N.S.W. in the Ship “Exodus”. Shortly after his arrival he was appointed acting sub-Inspector, and retained that position until he was, under the now Act of 1862, sent to Orange. About five years ago he was again given duty in the metropolis at No. 2 station, which office he had held with credit and efficiency ever since. He leaves a wife and a large family, numbering, we believe, eight children, who will feel the loss of an affectionate parent. Mr. Rush was about 44 years of age [sic], and was attended in his last illness by Dr. Egan who had the assistance of Drs. Day and Halket, when the illness assumed a serious form.”
The inspector was born in England in 1830 and joined the Sydney Police Force in 1855. In 1862 he became a member of the newly-formed New South Wales Police Force. At the time of his death he was stationed in Sydney.
Rank: 1st Class Constable ( Foot Policeman – not mounted )
Description: 5′ 11.5″ tall, blue eyes, fair hair, fair complexion. Single. Previously a farmer. He was Protestant.
Stations: Darlinghurst
Service: From 26 December 1874 to 20 June 1877 = 2+ years Service
Awards: a valuable gold watch and chain for the gallant capture of a convicted burglar, named Wright
Born: ? ? 1850 in Ireland
Event date: Thursday 22 March 1877
Died on: Monday 11 June 1877 @ Wooloomooloo
Cause: Assault with a Police Baton & other assaults
Age: 26
Funeral date: Tuesday 12 June 1877 @ 2.15pm
Funeral location: Graveside
Buried at: Rookwood Cemetery
Memorial location:
A record of his brave conduct for arresting and bringing to justice a notorious burglar at whose hands he received such savage injuries as to ultimately cause his death
[alert_red]JOHN is NOT mentioned on the Police Wall of Remembrance[/alert_red] * BUT SHOULD BE
Just after 4pm on Thursday 22 March, 1877 Constable Blain was on duty in Bourke Street, Wooloomooloo when he saw two men carrying a “bundle” in Forbes Street. He called on them to stop, however they ignored him and ran off, quickly pursued by the constable. One of the men then stopped and threw himself at Constable Blain, whose baton unfortunately had dropped to the ground during the chase. As he grappled with one offender, another took up the dropped baton and struck the constable several severe blows to the head, inflicting terrible wounds. Blain bravely held his ground however, and succeeded in handcuffing one of his assailants before staggering a short distance to the home of Dr Pattison. The doctor assisted the stricken Blain and also quickly sent a message to the police for assistance.
Constable Williamson ( possibly Williams ) soon attended and spoke to Constable Blain, who told him that he had arrested and handcuffed one of his attackers before walking to the doctor’s home. Williamson then attended the site of the incident where he indeed found one of the offenders (John Wright) lying handcuffed and bleeding in the street. The courageous Blain had in fact arrested one of his own murderers (a rare accomplishment), as his injuries were to prove fatal.
Prior to his death the Mercurynewspaper of Friday 23 March, 1877 reported the story of Constable Blain’s encounter with the offender John Wright and his unknown accomplice.
The article indicated that “The constable who was so barbarously assailed is suffering greatly from the wounds he received. His extraordinary courage and resolution in securing the man in the manner he did is worthy of lasting record.” And thus it is.
His headstone at Sydney’s Rookwood Cemetery reads: “A record of his brave conduct for arresting and bringing to justice a notorious burglar at whose hands he received such savage injuries as to ultimately cause his death”.
The constable was born in 1850, and at the time of his death he was stationed at Darlinghurst.
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The Sydney Morning Herald Friday 16 March 1877
“SERIOUS ENCOUNTER WITH A BURGLAR.
Some time on Thursday night the premises of Mr J C W Hinsch of 160 Pitt Street, were broken into, and a number of Crimean shirts and other goods valued at about £20, were stolen. Shortly after 4 o’clock yesterday morning, Constable Blain who was on duty in Bourke Street, Woolloomooloo, saw two men carrying a bundle in Forbes Street. He called upon them to stop but as they took no notice he gave chase, and gained upon them. One of the men threw himself down in front of the constable who fell upon him. In running after the men the constable’s truncheon dropped out of his pocket, and the second man took it up and struck the constable several heavy blows inflicting very severe wounds on the back of the head. The constable, though stunned by the blow, bravely grappled with the man, and after a most desperate struggle succeeded in over-powering and handcuffing his assailant. Becoming weak from loss of blood he had just sufficient strength to reach the residence of Dr. Pattison, when he fainted from exhaustion. Dr Pattison sent information to the police that a constable was at his house who had been nearly murdered in the street. Constable Williams, who soon arrived in obedience to the summons, found Blain lying on a sofa bleeding from wounds on his head, and scarcely able to speak. Eventually he learned from him that a man whom he had captured was handcuffed in the street, and on proceeding to the spot indicated, he found the man lying and bleeding from the head. He was conveyed first to the Infirmary, and afterwards to the Darlinghurst Police Station.
Later in the day Detectives Wilmott and Camphin found one blanket and 31 Crimean shirts in a sack on a piece of waste ground near Judge Street, Woolloomooloo… The constable who was so barbarously assailed is suffering greatly from the wounds he received. His extraordinary courage and resolution in securing the man in the manner he did is worthy of lasting record.”
Then on Saturday 16 June, 1877 the Australian Town and Country Journal reported the death of Constable Blain, including the following information.
“It will be remembered that, a short time ago, the Inspector-General of Police, on behalf of various citizens, presented constable Blain with a valuable gold watch and chain for the gallant capture of a convicted burglar, named Wright, who brutally assaulted that officer when being arrested for the burglary at the premises of Mr. J. O. W. Hinsch, in March last. Wright was sentenced to six years hard labour.
Blain, who was assaulted on the head with a policeman’s baton, recovered somewhat from the effects of the affray; but three weeks ago was again brutally assaulted by some roughs in Oxford-street.
About a fortnight ago he went into the Infirmary for medical treatment, and typhus fever setting in, he expired early on Monday morning. It is alleged that his death was caused by the effects of the beatings he received. It is said that a foul drain under the bedroom which Blain had occupied, in Stanley-street, was the cause of his taking ill. Blain had been about three years in the Force. He was unmarried. His grade was first class constable; and he was a young man of superior intelligence and some promise, and a most efficient officer.”
The constable was born in 1850, and joined the New South Wales Police Force on 26 December, 1874. At the time of his death he was stationed at Darlinghurst. His headstone at Sydney’s Rookwood Cemetery reads: “A record of his brave conduct for arresting and bringing to justice a notorious burglar at whose hands he received such savage injuries as to ultimately cause his death”. He is not listed in the official New South Wales Police Honour Roll.
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The Sydney Morning Herald Tuesday 12 June 1877 page 1 of 10
DEATHS:
BLAIN. — June 10, at the Sydney Infirmary, John Vance Blain, aged 26.
The Sydney Morning Herald Tuesday 12 June 1877 page 10 of 10
THE FRIENDS of the deceased Mr. JOHN VANCE BLAIN, late of the Sydney Police, are respectfully invited to attend his Funeral ; to move from the Infirmary THIS DAY, Tuesday, at a quarter-past 2 o’clock, to the Necropolis.
The Evening News ( Sydney ) Wednesday 13 June 1877 p 2
Constable Blain’s Funeral,
Yesterday afternoon, the remains of that efficient and lamented young police officer, constable Blain, were interred at Haslem Creek Cemetery. The funeral was attended by the Inspector General of Police ( Mr. Fosberry ), Inspector Read, Sub-Inspectors Waters, Anderson, and Johnson, and a large number of his fellow officers. The procession, as it moved through the city, attracted general attention, and considerable regret was expressed at the untimely end of a promising a young officer. The members of the force, as may be seen from an advertisement, intend erecting a monument over his grave.
The Evening News ( Sydney ) Saturday 4 August 1877 p 4
Monument to Constable Blain.
It is satisfactory to learn that there has been a prompt and generous response to the proposal for a monument over the remains of that distinguished but unfortunate police officer, Constable Blain. It will be remembered that Blain had a desperate encounter with a burglar who had broken into Mr. Hinch’s establishment in Pitt-street, and that he received such severe injuries as accelerated, if they were not mainly
the cause of his death shortly afterwards in the Infirmary. The Inspector-General and his officers and the whole force accorded his remains every honor by following them to the grave ; but they thought something more ought to be done, A suitable monument over the grave was proposed, and the matter having been taken in hand by Mr. Smart, J.P., the necessary funds were subscribed in the course of a few days. We have been shown the design of the monument together with the inscriptions, and it deserves to be said that the selection has been dictated by good taste and judgment.
Stations: ?, ( Berrima Police Force & stationed at Nattai
Service: From? ? ?to 25 June 1866 = around 5 years Service
Awards: ?
Born: ? ? ?, Glowenties, Shanagold in Limerick, Ireland
Event date: Monday 25 June 1866
Event location: New Sheffield (Mittagong)
Died on: Wednesday 27 June 1866
Cause: Fall
Age: 49
Funeral date: Friday 29 June 1866
Funeral location:
Buried at: Berrima cemetery, Olbury Rd, Berrima
Catholic Section, Row 6, Plot 14
Memorial location:
SACRED / TO THE MEMORY OF / THOMAS CANTY / NATIVE OF GLOWENTIES / SHANAGOLD IN LIMERICK / IRELAND / WHO DEPARTED THIS LIFE / JUNE 20TH 1866 / AGED 49 YEARS / REQUIESCAT IN PACE
[alert_red]THOMAS is NOT mentioned on the Police Wall of Remembrance[/alert_red] * BUT SHOULD BE
Constable Canty died following a fall down a railway cutting at New Sheffield at night, as he made his way home to Berrima. He had earlier been to Bowral to warn a witness for court. He suffered severe spinal injuries in the fall and lay injured at the base of the cutting until morning. New Sheffield is now Mittagong.
The incident was reported in some detail by the Empire dated Saturday 30 June 1866.
FATAL ACCIDENT AT NEW SHEFFIELD. ”An accident of a fatal character, resulting in the death of Constable Canty, of the Berrima police, occurred on Monday last. The deceased ( who was stationed at New Sheffield ) had been to Bowral to warn a witness to attend before the Berrima bench of magistrates on the following day to give his evidence in a case which was there to be brought before them and was on his return home when he fell down a cutting of the Great Southern Railway on the Mittagong side of the Gib tunnel.
The night was pitch dark and miserably wet, and it is supposed that the foot of the deceased must have slipped over some of the clay soil, which abounds in the neighbourhood. The cutting was about sixty feet deep, and the unfortunate man lay in a pool at the bottom for several hours, until some workmen were on the following morning attracted to the spot by the howling of the deceased’s dog. Having ascertained that somebody was lying below, the men took prompt measures to effect his release, and afterwards conveyed him to his home.
A messenger was immediately despatched to Berrima for medical aid, and no time was lost by Dr. Williamson in repairing to the scene of the sad and melancholy disaster.
Notwithstanding, however, that every effort was made which medical skill could suggest, the unfortunate man breathed his last at a late hour on Wednesday night. On Thursday a magisterial inquiry was held before G. H.Rowley, Esq., P.M., and a post mortem examination was made by Dr. Williamson, who found that the immediate cause of death was a spinal injury, which had doubtless been received by Canty in his fall.
The deceased had been in the police force of this colony up-wards of five years, and was always held in good repute as an efficient officer. A lasting testimony to the esteem in which he was held by residents in the district was afforded by the large and respectable assemblage which followed his remains to their resting place in Berrima cemetery on Friday last. A wife and a large family are left to lament their loss.
At the time of his death the constable had apparently been a member of the police force for about five years and was stationed at Berrima.
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The Maitland Mercury & Hunter River General Advertiser Tuesday 3 July 1866 p 4
Constable Canty, of the Berrima police, was recently out on duty, and in the darkness of the night fell down a cutting of the Great Southern Railway, sixty feet deep. The next morning some people were attracted to the spot by the howling of his dog and be was removed ; but on the following day he died from the spinal injury he had suffered.
The Sydney Morning Herald Wednesday 24 January 1866 p 7
ALLEGED MURDER AT NEW SHEFFIELD.
………… Thomas Canty, being duly sworn, deposed: I am a constable attached to the Berrima police force, and am stationed at Nattai ‘ about 1 o’clock on Sunday morning last, John Forward knocked at my door ………..
Constable Chapman was the officer in charge of Booligal Police Station, in the Deniliquin District.
In mid-February, 1866 he set out on horseback to visit several properties in his area to serve summonses and carry out other duties. A few days later a report was received that his riderless horse had been seen near Tooragama, about twenty miles from Booligal, so Constable Barry went in search of him.
Barry found the horse, without either saddle or bridle, and then he proceeded to call at every place where it had been Chapman’s intention to have called.
The unfortunate constable was never seen alive again.
On 6 March, 1866 the Maitland Mercury reported that “Our correspondent at Hay reports that Constable Chapman is missing. It appears that, being stationed at Booligal, he left that place on Thursday fortnight to serve a summons at a station about forty miles distant. His horse, without saddle or bridle, was subsequently found, as were his waistcoat hanging on the branch of a tree, probably put there by the unfortunate man as a guide to those who might be, and are now, searching for him. Our correspondent hints at foul play but the central office here has no suspicion of such, believing that, having lost his way, he has perhaps perished from thirst. Let us hope not.”
Then, a fortnight later the Sydney Morning Herald of 21 March, 1866 reported that “The remains of the unfortunate Constable Chapman, lost in the bush near Deniliquin, were found a few days since and buried at Booligal Cemetery.”
The New South Wales Police Gazette of 7 March, 1866 recorded that “Chapman Charles, Senior Constable (No. 467), lost in the bush; body found on February 22nd.”
The constable joined the police force on 6 September, 1861 and in 1862 he became a senior constable in the newly-formed New South Wales Police Force. At the time of his death he was aged 30 years and was stationed at Booligal. He was not long married when he passed away and his wife was expecting their first child. He is not listed in the official New South Wales Police Honour Roll.
New South Wales Police Gazette and Weekly Record of Crime (Sydney : 1860 – 1930), Wednesday 7 March 1866 (No.10), page 86
DEATH.
Chapman Charles, Senior Constable ( No. 467 ), lost in the bush; body found on February 22nd ( Thursday ).
The Deniliquin Chronicle states that the remains of constable Chapman, who was lost in the bush lately, have been found by a man named Patrick Hardy and another, within three-quarters of a mile of where some men were making a dam. He was buried in the Booligal cemetery, and followed by a good many people to the grave.
His horse was found naked.
The body was as black as ink, and in an advanced state of putrefaction.
In his struggles he had torn his shirt, and forced his pants up to his knees, and by his tracks it was seen that he had been rolling round and round the tree under which he was found to avoid the sun.
He must have had a horrible death.
He is said to have been lying on his side, with a coat under his head for a pillow.
The spot was a dry creek, about twenty-five miles from Booligal, and seven from the Lachlan River.
It is understood that there were no mark of violence on deceased’s person, but that he had evidently perished from exhaustion, and had, after rambling about for some time in a circuitous direction, being overcome with fatigue and thirst, lain himself down to die, having, it is supposed, hung his waistcoat on a tree or bush near as a guide to his last resting-place.
The Pastoral Times reports a fatal occurrence in Riverina : — ” Constable Chapman, who is in charge of Booligal Station, went out on duty, and being longer away than his business required, has, it is feared, got lost.
He left the station on Thursday week, about four o’clock.
On the Saturday following his horse had been seen near Tooragama, about twenty miles from Booligal.
Constable Barry went in search of him, and picked up the horse, without either saddle or bridle, on Tuesday.
Fears are entertained that something serious has happened to Chapman. No trace has been obtained of him, although Barry called at every place where it was his ( Chapman‘s ) intention to have called. He must, therefore, have met with the mishap shortly after leaving the station ; and if he has been without assistance for so long a time, the worst may be anticipated.
The feelings of Mrs. Chapman, who has been but a short time married, and about to become a mother, may be easily imagined.
Our latest account states that Booligal had turned out in search, but nothing definite had been ascertained.
Our telegram reports that the remains of Chapman have been found.
Wagga Wagga Express and Murrumbidgee District Advertiser (NSW : 1858 – 1859; 1866; 1872 – 1874), Saturday 10 March 1866, page 2
CONSTABLE CHAPMAN. -The remains of poor Chapman have been found by a man named Patrick Hardy and another within three-quarters of a mile of where some men were making a dam, and within five miles of where he hung up his waistcoat.
He was buried in the Booligal cemetery, and followed by a good many people to the grave.
His horse was found naked. The body was black as ink and in an advanced state of putrefaction.
In his struggles he had torn his shirt and forced his pants up to his knees, and by his tracks it was seen that he had been rolling round and round the tree under which he was found, to avoid the sun. He must have had a horrible death. He is said to have been lying on his side, with a coat under his head for a pillow.
The spot was a dry creek, about twenty five miles from Booligal, and seven from the Lachlan river.
It is understood that there were no marks of violence on deceased’s person but that he had evidently perished from exhaustion, and had, after rambling about for some time in a circuitous direction, being overcome with fatigue and thirst, lain himself down to die – having it is supposed, hung his waistcoat on a tree or bush near, as a guide to his last resting-place.
It is to be regretted that he was not better acquainted with the bush. Had it been so his life would have been saved.
When search was made for Chapman, a human skull was picked up, no doubt part of the remains of some unfortunate. – Deniliquin Papers.
Sir Frederick Pottinger was the officer-in-charge of the Lachlan Police District when he came under official scrutiny for riding in a public horse race on 5 January, 1865 and was suspended from duty. He was subsequently dismissed despite the submission of many letters and petitions from the public. On 5 March, 1865 he set out for Sydney to apply for reinstatement, and en route, the coach stopped at Wascoe’s Inn in the Blue Mountains (now the town of Blaxland). Pottinger left the coach for a short time to get some fruit, and as he reboarded to resume the journey a pocket pistol he was carrying in his waistcoat accidentally discharged. The shot entered his body just below the rib cage. Following treatment he appeared to be progressing well and was eventually conveyed to Sydney to recuperate. His condition, however, took a turn for the worse and he died on 9 April.
He had gained a reputation as a most fearless and tireless police officer at a time when the bushranging plague was at its peak. Pottinger was the original subject of the derogatory term “Blind Freddy” – which he certainly did not earn or deserve. Some sources also allege that he had committed suicide that day, but this is highly unlikely considering all the circumstances. Another version of the incident is that he was “showing off” with his pistol to some ladies on the coach when the pistol discharged, which appears to be a far more likely event.
It was originally believed that the wound suffered by Sir Frederick would not be fatal however the Clarence and Richmond Examiner and New England Advertiser of 11 April, 1865 announced the following.
DEATH OF SIR FREDERICK POTTINGER.
Sir Frederick Pottinger, who it will be remembered by our readers, received a gun-shot wound, from the accidental discharge of a small pistol, which he carried in his waistcoat pocket whilst on his way from the Lachlan to Sydney some few weeks back, the ball from which lodged in his body, and could not be extracted, has terminated fatally, Sir Frederick having expired on Sunday last.
Sir Frederick joined the police force about 1857 as a trooper. In 1862 he became an inspector in the newly-formed New South Wales Police Force. Prior to his dismissal he was stationed at Forbes. He was not a serving member when he died.
Grave of Frederick William POTTINGER. The broken column indicates a life cut short. Engraved: SACRED To the memory of SIR FREDERICK WILLIAM POTTINGER –Baronet, Formerly of the Grenadier Guards, and for many years a zealous and active Officer of Police in New South Wales. Born 27th April, 1831-Died 9th April,1865. This monument is erected by his friends in the Colony.
Eldest son of the Inspector General of the New South Wales Police Force, Captain John McLerie, the superintendent died at Albury as a result of too many cold, wet nights spent in the bush carrying out his police duties.
The Sydney Morning Herald of 28 November, 1864 listed the death notice, with the cause of death given as “rheumatism caused by the effects of exposure“.
At the time of his death the superintendent was aged about 26 years, and was the Superintendent in Charge of the Murray District (Albury).
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John Aitcheson McLerie may have been associated with Sub-Inspector John MORROW.
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Chief Constable Charles FOX
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Chief Constable Charles FOX
New South Wales Police Force
Illness – Suicide
Muswellbrook
25 August, 1856
Charles Fox was Chief Constable of Muswellbrook when he took his own life on Monday 25 August, 1856. The following paragraph appeared in the Sydney Morning Herald of 29 August, 1856.
On Monday, the 25th, an enquiry was held at the courthouse, Muswellbrook, before the coroner, Mr J.B.West, and a jury of twelve, touching on the death of Mr Charles Fox, chief constable, who, on the same morning, had committed suicide, by shooting himself with a pistol. It appeared on evidence that the deceased was latterly under medical treatment for general debility and depression of the mental faculties and had been for some time past labouring under hypochondria. It seemed on a view of the body, which presented a shocking spectacle that he had placed the muzzle of the weapon in his mouth, which dreadfully shattered… A finding of ‘Destroyed himself while labouring under temporary insanity’ was accordingly made. The deceased was much respected as a steady inoffensive man, and has left a widow and one son.
At the time of his death the chief constable was stationed at Muswellbrook.
Chief Constable George WOOD
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Chief Constable George WOOD
New South Wales Police
Illness/Exposure
East Maitland
6 January, 1855
The death of the chief constable followed a boating incident during a search for a body, and was described by the Maitland Mercury and Hunter River General Advertiser of10 January 1855.
DEATH OF MR. GEORGE WOOD – Many of our distant readers will learn with great regret that the well-known chief constable of Maitland, Mr. George Wood, is dead. Few officers holding such a position have more deservedly merited the universal sorrow his death has caused in Maitland. Uniting cool and determined courage with the greatest gentleness, vigour and promptness with the kindest forbearance, Mr. Wood was in the highest sense of the word a peace officer, and to his exertions and example it has been greatly owing that this district has been so quiet and well-ordered for many years past. His long and well-tried services may be said to have been fitly closed by a death resulting in part from the performance of duty. After a recent fatal accident by drowning, Mr. Wood was as usual one of the most persevering in his efforts to find the body; and while so engaged the boat he was in was upset, he got entangled among the lines and ropes in use, and being unable to swim, he was quite exhausted before he could be got out of the water. For two or three years past his frame had shown signs of increased suffering under the effect of old wounds and injuries, and the shock he now received threw him on a sick bed, and brought on an attack of old disease, from which he appeared likely at first to recover, but a relapse occurring, he died on Saturday morning last. His funeral on Sunday was attended by a great number of persons, twenty carriages, above fifty gigs, a hundred and fifty horsemen, and many persons on foot, following his remains to the grave.
At the time of his death the constable was aged 52 years and was chief constable at Maitland Police Station. He left a wife and seven children.
Nick WilesI’m putting together the map of police graves and I’ve come across the Grave of Chief Constable Woods. It looks that the current state of this grave is deplorable. The grave is in the East Maitland Anglican Cemetery (aka Glebe Burial Ground) off George Street in East Maitland. It’s such a shame that a man who was held in such esteem he had “twenty carriages, above fifty gigs, a hundred and fifty horsemen, and many persons on foot” at his funeral and his grave is no longer remembered or tendered to.
Married Eliza Santer (d: 4 Jan 1869 in Mudgee) on 4 June, 1829 in Benenden, England,
Father of Albert, Mary A., Own, Rachael, Jane E. Arnold & William I. Oxley
Appointed Constable at Mudgee in 1851
49 old
19 May, 1853
Gravestone in Mudgee Pioneer Park
On the evening of 29 April, 1853 Maurice Dalton, a former publican, attempted to gain entry to Freeman’s Public House in Mudgee. After being refused entry by the owner Freeman, Dalton threw a large stone into the building. He then crossed the street where he came upon a man named Brandon who was playing a clarinet. Dalton knocked Brandon to the ground, asking him what business he had playing the instrument. Brandon then went and reported the incident to Constable Oxley. A short time later Oxley located Dalton and asked him, “Is that you, Maurice Dalton?” Dalton replied, “Who are you?” and then went on, “Oh, I know you for a b—– trap by your buckle.” He then struck Oxley a severe blow to the side of his head with a large stick, knocking the constable to the ground. He then kicked the fallen constable as he lay on the ground.
The Maitland Mercury and Hunter River General Adviser of Wednesday 8 March, 1854 informed the community that “Oxley lived for 19 days after, and even performed duties at times, but at length died from apoplexy induced by the wound, the brain being greatly inflamed under the wound. The jury returned a verdict of manslaughter, and prisoner was remanded for sentence.”
The constable joined the police force in June, 1851. At the time of his death he was 49 years old and was stationed at Mudgee.
SERIOUS CHARGE AGAINST A PUBLICAN.- In the month of April ultimo, Maurice Dalton, a publican at the Maitland Bar, on the Turon, was committed for trial by the Mudgee Bench of Magistrates for assaulting a policeman named Oxley. Mr. Dalton was admitted to bail, but as the case assumed a serious aspect, and Oxley has died, Mr. Dalton’s sureties surrendered him to the Gold Police, from whom he effected his escape, and is still at large.-Empire, May 30.
Empire ( Sydney ) Friday 6 January 1854 page 5 of 8
MURDER. – A man named Maurice Dalton was placed in the dock by Sergeant McGhee, charged with having committed a violent assault on Constable Oxley, of the Mudgee Police, from the effects of which the constable had subsequently died. The offence was committed in the month of April last, near Bathurst, and prisoner was apprehended on a warrant from the Mudgee Bench, which had since been sent to Port Phillip, where it was supposed he was residing. The prisoner denied the charge laid against him. At the request of Mr. Wearin, he was remanded till this morning.
Empire ( Sydney ) Saturday 7 January 1854 page 3 of 8
MURDER AT MUDGEE. — Maurice Dalton was again placed before the Court. A witness named Hugh O’Donnell deposed, that he lived some time since at Mudgee, and knew a person named Maurice Dalton ; witness did not believe the prisoner was the same man ; if so, he had very materially altered in appearance. Sergeant McGhee produced the Hue and Cry, wherein, under date 28th April, 1853, was given the description of a man named Dalton, charged with a violent assault on Constable Oxley, from the effects of which the latter afterwards died. The description published corresponded exactly with the personelle of prisoner. A letter was found on the defendant, having reference to the alleged assault. Their Worships, after consultation, remanded prisoner to the Mudgee Bench for examination.
The Sydney Morning Herald Monday 13 February 1854 page 5 of 8
On Friday the 27th ultimo, Maurice Dalton, who had been apprehended in Sydney for the murder of William Oxley, one of our constables, in May last, was brought into our township and safely lodged in the lockup.
The Sydney Morning Herald Thursday 16 February 1854 page 3 of 8
MAURICE DALTON — This somewhat notorious individual was forwarded from Bathurst to Mudgee about a fortnight ago, to be present at the investigation touching the death of the policeman who fell by his hands, at the last Mudgee races. He was fully committed to take his trial at the forthcoming assizes for an assault resulting in the death of the attacked, and reached Bathurst on Monday last.
Empire ( Sydney ) Saturday 4 March 1854 page 3 of 8
TUESDAY, FEBRUARY 28, 1854.
MURDER.
Maurice Dalton was indicted for that he, on the 29th April 1853, at Mudgee, in New South Wales, did feloniously, wilfully, and of his malice aforethought, kill and murder one William Oxley.
The ATTORNEY-GENERAL stated the facts of the case, and called
James Lucas Brandon: I live at Mudgee ; I lived there in April last ; I saw the prisoner on 28th April ; he insulted me, and knocked me down ; I was going home, playing the clarionet, when the prisoner came across and asked me what business I had playing that bloody thing, and knocked me down ; I went to constable Oxley, and told him, and he told me to go home ; when I got home I heard stones thrown against my hut ; I was frightened to stop, and I went out for constable Oxley, and then I saw the prisoner : Oxley spoke to prisoner, and asked what he was about, kicking up that row at that time of the night for ; prisoner asked him who he was, and said, I know you are a b—dy trap, I know you by your buckle ; I then saw Oxley fall, no one was near him when he fell but prisoner ; I was 100 yards off ; I could not say whether prisoner had a stick or a stone in his hand ; when Oxley fell I went up to him, and found him bleeding profusely from a cut on the head, he was not able to speak, he appeared to be insensible ; I think Oxley lived for a month afterwards.
Cross-examined by Mr. Holroyd : After he was knocked down, and before his death I often saw him on duty in the streets of Mudgee ; I had been playing the clarionet in Tuckerman’s public house, in Mudgee. I drunk nothing that day but peppermint and ginger beer – three glasses of port wine in the evening.
William Freeman : I live in Mudgee ; I recollect 28th April, 1853 ; I recollect seeing prisoner that night ; he used to keep a public house at Maitland Bar ; on that night I was called up by the mistress, who said some one was breaking into the house ; I went outside and found prisoner there ; I told him to go away, but he would not go away ; I then went back to my house and he followed me round and threw a large stone into my house, which fell on my wife and child ; I spoke to him, about throwing the stone, and he then went away ; I saw him then walk towards the witness Brandon, who was coming down the street, and I saw them scuffling, and Brandon called out for Oxley ; I afterwards saw Oxley bleeding about the head, about half an hour after I saw prisoner scuffling with Brandon.
Cross examined by Mr. HOLROYD; He had no stick in his hand after he threw it on my wife’s bed.
Donald McDonald ; I am a surgeon, I knew the late William Oxley ; I was called to see him in the morning of 29th April, 1853 ; he was lying on his bed, bleeding-profusely from a cut on his head, it was a contused wound such as might have been caused by a stone ; he lived eighteen or nineteen days after I first saw him ; I made a post mortem examination ; I should say that his death was caused by the injury received on his head ; I knew deceased for several years, he was a healthy man ; the scalp was inflammed, and on opening the cranium I found the membranes of the brain were inflammed, caused by the wounds ; other causes might have accelerated his death.
Cross-examined by Mr. HOLROYD : I think the wounds were sufficient to cause death ; I believe deceased was a free liver, and had the appearance of a man that drank ; I saw deceased do duty as a constable ; I cautioned him not to drink ; I believe but apoplexy was caused by the blows on the head.
David Picton: I live at Mudgee ; I recollect the night Oxley was wounded ; I saw a man near Brandon’s, house ; whilst I was in Brandon’s house two stones were thrown in ; Brandon then went to Oxley for assistance ; Oxley went up to the man and said, “Is that you, Maurice Dalton?”. Prisoner said, “Who are you?” and then said “0, I know you are a bl–dy trap, by your buckle” and struck him a blow with a large stone. Oxley fell when he got the blow ; I helped Brandon to pick him up.
Cross-examined by, Mr. HOLROYD : I was 20 yards off Oxley when the blow was struck. .
Mr. Bailey, Clerk of Petty Sessions, Mudgee:
I knew William Oxley, the constable ; I know he is dead ; Oxley was examined before the Bench on the 30th April, 1835 ; the magistrates present were M. P. Bayley, and Basil Dickenson. ( Deposition put in and read. )
Mr. HOLROYD addressed the jury for the defence, and contended that the death was caused by other causes, and called the following witnesses in support of such a view of the case :-
John Ashton : I am a constable in Mudgee ; I knew the deceased, I recollect his meeting with this injury ; I know that he had fits ; he had one on 26th February last year between the time of the accident and his death ; he went on duly 12 miles from Mudgee ; he went on horseback ; this was about 15 or 16 days after he received the injury.
Cross-examined by the ATTORNEY-GENERAL :
The first time I saw him in a fit was on 26th February last year ; I don’t know what caused the fit ; I never saw him have another fit ; he appeared a very healthy man.
George Taylor ; I am an innkeeper at Mudgee ; I knew Oxley the deceased ; I recollect his taking a journey to Cloudy Bay ; after his return from Cloudy Bay, I saw him in a fit ; this was in the morning ; I saw deceased lying in a fit on the ground ; I assisted him by lo??ing his handkerchief, and then went for the doctor ; he was very apoplectic looking ; I saw him occasionally on duty from the time of the assault to his death.
Cross examined by the ATTORNEY-GENERAL : He went to Cloudy Bay some days after he got the wound ; it was not quite healed.
Alexander-Watt : I knew the prisoner whilst he was in my employment ; he was a very well behaved man.
Cross-examined, by the ATTORNEY-GENERAL ; It is ten or twelve years since he was in my service ; he was a few weeks in my service employed mowing.
The ATTORNEY-GENERAL replied at some length.
After an address of some length from the Judge and a careful recapitulation of the evidence by him, the Jury returned their verdict of
Bathurst Free Press and Mining Journal ( NSW ) Saturday 4 March 1854 page 3 of 6
WILFUL MURDER Maurice Dalton was indicted for the wilful murder of William Oxley on the 29th April last, at Mudgee. He pleaded not guilty and was defended by Mr. Holroyd. Attorney — Mr. Serjeant.
James Lucas Brandon deposed that about 1 o’clock of the morning of the 29th. April, he was proceeding homeward, playing a clarinet, when the prisoner walked up to him and after asking him what he wanted playing that b____y thing, knocked him down. He applied to constable Oxley for assistance who advised him to go home. He did so, and shortly afterwards stones were thrown at his door and upon the house. Again he went for Oxley for assistance who came out, and no sooner made his appearance than the prisoner accosted him in these words— “you’re a B____y trap, I know you by your buckle.” Upon proceeding to the spot he found deceased lying senseless and bleeding, the wound having been inflicted on the side of the head. Cross-examined by Mr. Holroyd. He frequently saw the deceased upon duty afterwards in Mudgee— never saw him the worse for liquor, but recollected taking a glass with him on the Thursday before his death.
William Freeman saw the prisoner at Mr. Arthur Cox’s on the 29th April last, who was making a great noise. He ordered him away and was requested by him not to tear his shirt. In a moment afterwards prisoner seized a big bludgeon which he threw inside upon the bed in which his wife and children were sleeping. At this time the prisoner had a stone in his hand. He saw the deceased who was capable of walking unsupported.
Dr. Macdonald attended the deceased who had a wound upon the side of the head, which did not appear to he dangerous. Besides this he subsequently discovered, when holding a post mortem examination upon his body, another and more serious wound at the back part of the head, but from which no external injury appeared. He had no doubt but the blow’s accelerated, if they did not cause his death. There was a considerable effusion of blood upon the brain. Cross-examined by Mr. Holroyd : He did not know that the deceased drank, but he had the appearance of a free- liver. He saw deceased a few days before his death and heard of his falling over a scraper. From that period he had a succession of apoplectic fits which continued until death.
David Picton saw a man whom he did not know to be the prisoner near Brandon’s, at whose house he threw two stones. Shortly afterwards he saw Oxley leave his house and heard him speak to this man whom he named Dalton, and who in reply called him “b___y trap” ‘ A moment or two afterwards he saw Dalton strike deceased with a thick stick which felled him to the earth : blood flowed freely from the wound thus caused. He (witness) might be 20 yards from them at the time Brandon and he stood near each other.
Mr. F. Bailey proved that a charge for a violent assault was preferred against Dalton who was committed to take his trial at the Quarter Sessions on the 30th. January. Some time afterwards Oxley died and an inquiry was held upon his remains. The depositions were written by him as Clerk of the Court at Mudgee.
This evidence closed the case for the Crown. Mr. Holroyd addressed the jury in behalf of the prisoner. This case, he said, involved a charge of murder without malice, as from the evidence which had been given it was impossible to conceive that the prisoner could have been actuated by any such feeling. There was nothing before the jury to show that they were even acquainted, and from the nature of the wounds the blows must have been of a very trivial character. When the witness Freeman reached deceased he was standing upon his legs, and could not therefore have been very seriously wounded. There was moreover a discrepancy in the testimony of Picton and Brandon which showed plainly that both could not speak truth. The former estimated the distance at which they stood at the time the deceased fell at 100 yards, whilst the latter fixed it at about 20. Clearly this was no case of murder, and he could not for one moment imagine how it was to be reduced even to manslaughter upon such trumpery evidence. According to Dr. Macdonald’s testimony the deceased had a predisposition towards apoplexy, and this predisposition was increased by ardent spirits of which it appeared probable he partook. It would also be fresh in the recollection of the jury that the deceased had fallen against a scraper a few days before his death, and had then most probably received the injury at the back of the head which caused apoplexy and hastened his death. To his mind it appeared that an assault was the worst charge that could be fixed upon the prisoner.
He then called Constable Ashton of Mudgee who knew the deceased and remembered that on the 26th. February 1853 he had a fit about 7 miles from Mudgee, and was insensible for about three quarters of an hour, but had never seen him in one before nor since. Witness attributed his illness on that occasion to the fact that they had been travelling all day with a flock of sheep, and deceased had not broken his fast. About 16 days after the assault deceased was on duty and went with a letter for the coroner to Cloudy Bay, and did not return until the following day.
Mr. George Taylor, Innkeeper of Mudgee, remembered deceased’s going to Cloudy Bay in the early part of May in last year ; it was after the assault — had never seen him in a fit until he returned from Cloudy Bay. On the morning after his return, heard some one screaming, and on going out saw deceased on the ground in a fit – knew that he had been on duty occasionally after the 29th. of April. Cross- examined, by the Attorney-General : The wound in the head was not quite healed at the time he went to Cloudy Bay and witness thought he was not able to do as much duty as before the assault. He did not appear to suffer from any other cause than the wound in the head.
Mr. Alexander Watt was called to give the prisoner a character. He said he had known him for ten or twelve years, and on one occasion had employed him during the harvest — had also heard other persons speak of him, and believed that when sober, he was quiet and well behaved, but when in liquor very violent. Beyond this he did not know very much about him.
The Attorney-General replied and made some stringent remarks about gentlemen appearing to give prisoners a good character of whom they know but little, the natural consequence of which was that the cases of those who really deserved a good character were materially injured. In reference to the case before the court he cited some cases to show that it was a matter of no importance whether the deceased was aged and infirm, or young and strong, but if his death was accelerated by the conduct of the prisoner the charge against him was sustained. He also directed the attention of the jury to the expression used by the prisoner at the time of the assault calling deceased a “B___y trap” &c., kicking him after he had knocked him down, and said if deceased had drunk too much or taken too much exercise after the assault it would not make an atom of difference ; for Dr. McDonald had declared that death had resulted from the effects of the blows upon the head. His Honor, in summing up, laid before they jury very clearly and distinctly the difference between murder and manslaughter, and said that in cases of homicide the law presumed the existence of malice ; and it was for the defendant to show that he had just cause for his conduct in the affair. After reiterating the evidence he left the case in the hands of the jury. The jury found a verdict of manslaughter. Prisoner who was remanded for sentence.
The Sydney Morning Herald Wednesday 8 March 1854 page 5 of 8
THE ATTORNEY-GENERAL AND THE MAGISTRACY.
(From Saturday’s Bathurst Free Press.)
In opening the case against Maurice Dalton, for the wilful murder of Constable Oxley, at Mudgee, the learned Attorney-General prefaced his review of its leading features by the following observations upon the general recklessness which prevails with regard to the issue of licences : –
This, he said, was one of the many instances which had recently come under his notice of individuals being intrusted with a publican’s license who were most palpably and flagrantly unfitted for such a position. Here was a man arraigned for the wilful murder of a fellow creature – a murder committed whilst in a state of maddening intoxication, who by some means or other had obtained a license as a publican. And how came this? Would it not be quite as safe, nay infinitely more so, to place deadly weapons in the hands of a maniac and turn him loose upon society, than to intrust a person of bad moral character, and a notorious drunkard to boot, with the power and opportunity of inflicting such a vast amount of mischief upon the community. Only that very day it had transpired in evidence upon another case that the prisoner had been a publican at Carcoar, and was known to the bench to be an habitual drunkard. Nay, one of the magistrates himself who appeared as a witness had admitted that when he called to see him about the money which he was accused of stealing, he was so drunk as to be unable to speak sensibly and that he never saw him sober ; yet, notwithstanding these facts, known personally to himself, and occurring under the very nose of the Bench, his license was subsequently renewed. What security, he would ask, could there be for the preservation of public order and against the commission of crime whilst magistrates thus culpably neglected their duty? One bad man invested with the privileges and opportunities of evil which appertained to such a calling, could accomplish a vast amount of mischief in promoting and fostering vice and crime, and in aiding in the demoralization of those by whom he was sure to be surrounded. It would be better to arm a madman with a firebrand and trust to consequences, than enable a person so devoid of character and principle to scatter about him the moral poison of his depraved nature. The frequency of late of such cases as those upon which he was now commenting impelled him thus publicly to call attention to the circumstance. And he must say if magistrates tolerated such evils by neglect of duty, they were responsible for the consequences.
Such was the emphatic language employed by one of the highest legal authorities of the country under circumstances which demanded a strong expression of opinion ; and it is a fortunate thing for the colony that the position is filled by a gentleman who, regardless of personal considerations, has the moral courage to administer a castigation so well merited. We agree with him, that to place such men as Henrys and Dalton in the situation of a licensed publican is to laugh at the law and treat public order and decency with contempt. A ruffian and debauchee are not to be placed in situations where duly imperatively requires an unremitting self-control, and in which temptation is continually beckoning the most discreet from the path of rectitude with seductive arts and fascinating smiles. There is too little care taken in investigating the characters of applicants for licenses, and the consequence is witnessed in the fact that whilst the great majority of licensed publicans are men of good repute and undoubted integrity, many, very many, have crept into the trade who would do little credit to any calling or position of life in which they might be found,
And herein principally lies the misfortune. Similarity of tastes and disposition surrounds such men with the criminal and the vile. At such houses their depredations are planned, and there the wages of crime are dissipated. Money thus easily earned is recklessly squandered, and heedless of the source whence it has been procured, if not directly concerned in the plans of his rascally associates, the unprincipled tapster grows fat upon the spoils which have been wrung from the honest and unwary. There sins and malpractices are, therefore, not only connived at, but encouraged. They form a perennial spring of profit whose amount is not to be despised. True to one instinct of our natures, where better sentiments are inoperative, he sells his grog, pockets their ill-earned cash, and ask no questions. To him the clever and successful thief is worth infinitely more as a customer than twenty honest and reputable men, and hence such company is infinitely preferred. The wealth of a plundered community flows into his pockets, and for this consideration he is ready to administer in any shape to the base ( and brutal passions of his customers.
The above may be an extreme case, but there are many which differ only in degree. Men of loose or unfixed principles are not apt to be over-scrupulous where business is to be done. The tap runs freely whilst the cash is responsive, and under such circumstances little heed is taken of irregularities, improprieties, or the Licensed Victualler’s Act. The free and easy style of such establishments suits the tastes of the reckless and the profligate ; and hence it ¡s that the respectable publican, whose regard for his own character and the reputation of his house will not permit any gross violation of law or decency, is most materially injured.
But we are very far from imagining that the rapid strides by which intemperance is stalking over the country are to be stayed by the most active magisterial superintendence. The root of the evil lies out of the reach of all law – beyond the grasp of the most vigilant police. To read lectures to the magistracy will do little towards the correction of an evil which has eaten its way into the very vitals of our social system, and overshadows the land with gloom. All the powers of legislation and machinery of our courts of justice are unequal to the task of eradication. Society must expurgate itself, and it can only do so by the universal action of some powerful moral agency. No class is free from the taint of this cankering vice, and sermons upon temperance delivered to the masses will be of little force or efficacy whilst the power of example is wanting in the ranks of those who claim the right to sermonize.
It is true that much crime and irregularity might be prevented by a stricter exercise of the discretionary power vested in the magistracy, but the public may fairly share the blame of recklessly licencing all applicants. No matter what the character, five respectable householders will be found to parade their names in the way of recommendation, and it is notorious that profit has often more to do than principle with the matter. In this manner men of indifferent or bad repute have passed through the magisterial ordeal into a public-house, and have thus visited one of the sins of the community upon its own head. First – Mr. So and so, storekeeper, signs, because he is anxious to secure a customer, and uses his influence with a friend or two. Several good names being already attached, they become a guarantee of the applicant’s eligibility for a license. Others are therefore easily obtained, and the bench by no means unwilling to forego the trouble of an inquiry which promises more kicks than half-pence, take it for granted that the applicant is what he is represented to be. The learned Attorney-General could therefore have very well afforded to give his castigation a much wider amplitude.
The Sydney Morning Herald Wednesday 15 March 1854 page 3 of 12
Maurice Dalton, manslaughter, was sentenced to five years hard labour on the roads or other public works, the two first to be worked in irons. He presented a petition to his Honor setting forth amongst other things that his victim had died from the effects of falling upon the scraper, but this his Honor stated to be impossible, the wound behind the head was caused by a blunt not a sharp instrument, a fact which was established by the circumstance that the skin was not cut outside. His conduct he said had been most savage and unprovoked and he would mark it by very severe sentence.
Grave location is: Mudgee Memorial Park
NOTE: 1 June 2014:
It has been revealed that this person is NOT mentioned in the States Honour Roll nor the National Honour Roll of Fallen Police.
The following message has been sent, this date, to the NSW Facilitator for this to be remedied:
G’day Andy
It has come to my notice that Constable William OXLEY, killed as a result of work related assault, who died on the 19 May 1853, is NOT mentioned in the National, nor NSW Honour Roll.
See my website: https://police.freom.com/william-oxley/
I have listed all the relevant newspaper articles of the time, in relation to the matter and it is shown that the offender ( Maurice Dalton ) was finally convicted of the Manslaughter of Constable William OXLEY who is buried at the Mudgee Pioneer Park.
Service: From 16 November 1852 to 4 May 1853 = 6 months
Awards:
Born: ? ? 1819
Died on: 4 May 1853
Cause: Illness – severe cold – Exposure
Age: 33
Funeral date:
Funeral location:
Grave location: Constable TWISS was interred at the Camperdown Cemetery but his grave is unmarked and location unknown.
[alert_red]ALEXANDER is NOT mentioned on the Police Wall of Remembrance[/alert_red] * BUT SHOULD BE
Constable Alexander Twiss served in the Sydney Police Force from 16 November 1852 until his death on 4 May 1853. His cause of death is recorded as having been ” from the effects of a severe cold caught when on escort duty at night “ .No further details are known as yet.
The constable joined the police force on 16 November, 1852. At the time of his death he was 34 years old and was attached to the Sydney Police. He left a widow named Sarah.
