The constable is believed to have drowned in the Clarence River at Grafton while trying to save the life of a young boy (eleven-year-old Daniel Forde) who had fallen into the water at a spot nearly opposite the constable’s house. The Sydney Morning Herald dated 15 May, 1861 printed the following article in relation to the inquiry into the deaths of the constable and young Daniel Forde.
MAGISTERIAL INQUIRY – Upon the bodies of Daniel Forde and Christian Seidtz.
James Hovenden, Chief Constable, stated: About noon I met the deceased boy (Forde) near Pound Street; carrying meat on horseback; shortly after, one of his brothers informed me that he had been thrown from his horse into the water in Pound Street; I procured the drags and went to the spot to endeavour to recover the body; medical aid was in attendance when the body was found, about three quarters of an hour afterwards.
Solomon Cooper sworn : I knew the deceased Christian Seidtz; about noon on Monday my wife called my attention to someone crossing a flooded part of Pound Street, near my residence; I ran out and saw a boy struggling in the water; Seidtz, who lived opposite, came out of his house and plunged in to assist the lad, and sunk immediately; I never saw him rise after he went into the water; I gave an alarm and Richard Barrett immediately swam out; Mr. Sanders and myself did all we could, but not being able to swim could not go out of our depth; the water was about ten feet deep; the body was not recovered for about three-quarters of an hour; Dr. Little saw the body but could not restore animation.
Carl Meyer, sworn, stated: I live in Pound Street, near the deceased’s place; I heard Mrs. Seidtz call out that her husband was drowning; I ran up and saw a lad struggling in the water, and his horse by the side; I could not see Seidtz for some time then his face showed for a moment and disappeared; I could not swim; I gave information to the chief constable; every effort was made to rescue the deceased.
The deceased, Seidtz, was a man much respected; a native of Germany; and had been three years in the Grafton police force, during which time there was no complaint against him. He was a remarkably fine-made man, thirty-five years of age; and a very sober industrious person. This sudden event has left his unfortunate wife and four young children totally unprovided for.”
At the time of his death the constable was 35 years old and was stationed at Grafton. He is sometimes recorded as ‘Seitz’ or ‘Leitz’
Alexander McGEE
| 23/10/2012
Alexander McGEE
New South Wales Police Force
Regd. # ?
Rank: Inspector
Stations: B District – Sydney
Service: From? ? ?to 22 May 1860 = about 20? years Service
Awards: ?
Born: ? ? ?
Event location: Castlereagh Street near Liverpool St, Sydney, NSW
Alison Carter, who is not associated with NSW Police, but went out of her way and took the time to locate & take photos of the grave of our fallen brother – Alexander McGee on 6 November 2016. Thank you Alison.
ALEXANDER is NOT mentioned on the Police Wall of Remembrance
* But should be
Between 11pm and 12 midnight on 26 March, 1860 Constable Connaughty was on duty in Goulburn Street, Sydney when he saw two soldiers ( William Pike and Patrick Hughes ) carrying rifles. Believing them to be deserters he followed them along Sussex Street, across the Haymarket and along Pitt Street until he spotted Inspector McGee, Sergeant James Rush and Sergeant Francis Rooney, who were out looking for soldiers who had deserted from the 12th Regiment.
The four police officers then followed the soldiers until, when near Liverpool Street, they began to run. Rush and Rooney quickly caught up with Hughes while McGee and Connaughty chased Pike into Castlereagh Street where he suddenly stopped and pointed his rifle at the inspector.
Pike then said, ” If you attempt to take me I will shoot you. “ McGee replied, ” Do not fire, coward. “ Pike then ran a few steps, chased by McGee, before turning around and firing at the inspector from point blank range. The bullet struck the inspector in the right groin area, exiting from his lower back. He died from the effects of the wound four weeks later.
The Sydney Morning Herald of Tuesday 12 June, 1860 reported that ” The Central Criminal Court is sitting. The two soldiers, Pike and Hughes, have been tried for shooting Inspector McGee. Hughes was acquitted, but Pike convicted of manslaughter, and sentenced to three years hard labour in gaol. Hughes was in custody when the shot was fired, and as to Pike, as he was only carrying firearms, which at present is no offence against the law, the arrest of him was not justified as an act of police duty…”
At the time of his death the inspector was aged 46 years and had been a police officer for about 20 years. At the time of his death he was stationed in B Division, Sydney.
NSWBDM – Death Reg 707/1860
Bathurst Free Press and Mining Journal ( NSW )
Saturday 31 March 1860 p 3
OUTRAGE.
Two soldiers belonging to the 12th regiment were brought before the Court in their regimental dress by constable Connaughty, charged, the first with feloniously, shooting, intending to murder Inspector Alexander McGee, and the second with aiding and abetting in the same. Their names are William Pike and Patrick Hughes.
Witness stated, that between 11 and 12 o’clock last night I saw the prisoners in Goulburn-street with firearms in their possession (two Enfield rifles.) Believing they were about to desert, I followed them along Sussex-street down to the Haymarket and from thence into Pitt-street. I there met Inspector McGee, Sergeant Rooney, and Sergeant Rush. We then followed the prisoners into Liverpool-street, where they began to run. Hughes was pursued by Sergeants Rush and Rooney, who succeeded in apprehending him.
The other prisoner continued running and was pursued by Inspector McGee and myself. As he turned the corner of Castlereagh-street, prisoner (Pike) said ‘ If you attempt to follow me I’ll shoot.‘ Finding that we were still pursing him, he presented his rifle. McGee, who was close beside at the time said ” don’t fire you coward,” and prisoner immediately run on for about 10 or 15 yards, and when we got within about a length of his rifle, he turned round, and without saying anything, shot McGee through the thigh. So soon as the prisoner fired McGee said ‘ I am shot.’ I asked him where ? he replied through the thigh. In the mean time I secured the prisoner, who the moment he fired, said, ‘ Oh, you have pulled the trigger. ”
Sergeant Rush deposed as follows : About twenty minutes past 11 o’clock last evening, I was at Cowell’s public house at the corner of Goulburn street, in plain clothes. Pike came in with a rifle, the barrel of which was partly covered by the skirt of a woman’s dress. I noticed blood on his hands. Immediately after entering, he called Hughes in, who was standing at the door, but the latter replied, ” No ; don’t you see, you b—-y fool?” Hughes then put his piece, which was clipped, to the charge. They both then went away, and l fancied that, although in plain clothes, Hughes knew me. I then followed them into Sussex-street where, whilst turning round they saw me, and brought their pieces to the charge. Hughes at length said to me, ” Can you tell me where the old Australian Inn is ?” their pieces being still charged towards me. I told them, yes, and that I would go and show them if they chose.
They then brought their pieces to the trail, and I proceeded in company with them. I said, you seem to have just come off a long journey, having your firearms with you. They said they had just come from Melbourne, and were going to a place near Dixon’s mill.
After we had got near the spot indicated, Hughes said, ‘ You had better not come any further.’ but I persisted in following them to the Hay Market, where they had some conversation. They then presented their arms at me and I went away and put on my uniform coat. Immediately after I came up with them again in Pitt-street, where I also saw Inspector McGee and told him what had occurred.
Prisoners next went into Liverpool street and instantly began to run. Sergeant Rooney was at this time close behind, and whilst McGee pursued, Pike stopped Hughes, who thereupon brought his piece to bear. I knocked it aside twice with one hand and struck him in the head with my fist, which caused him to stagger. I took advantage of the opportunity and clasped him round the waist with my two arms, including in the fold the rifle also.
In the mean time Rooney came up and wrenched the rifle from his grasp. Whilst in the act of apprehending him, I heard some one ‘say, ” If you come any further I’ll shoot you, ” and soon after I heard the report of a gun.
I produce the rifle which we took from Hughes. It is loaded and capped. On searching him at the station house, I found in his possession 19 rounds of ball cartridge and 25 percussion caps which I also produce. ( Several rounds of ball cartridges, together with some percussion caps, were also found on the other prisoner. )
Sergeant Rooney gave evidence much to the same effect as that of the previous witnesses.
John Marshland, a sergeant belonging to the 12th Regiment, recognised the two prisoners, who he said had no authority to be out last night. He believed that they effected their escape by climbing the walls. Soldiers were never allowed to carry firearms through the streets except when on duty.
As Inspector McGee is at present dangerously ill in the Infirmary the Bench remanded the case until this day week. — Empire of Wednesday.
Died on the 22nd instant, Mr. Alexander McGee, aged 46 years, late Inspector of police, after a lingering illness from the effects of a gunshot wound on the 26th March, leaving a wife and large family and a numerous circle of friends to mourn his loss.
FUNERAL.— The Friends of the late Mr. ALEXANDER McGEE, late Inspector of police, are respectfully requested to attend his Funeral. The procession to move from his late residence, Police Station, George-street South, on THURSDAY AFTERNOON, at a quarter-past 3 o’clock.
THE Officers and Members of Lodges No. 260, 206, and 207, are respectfully requested to attend the FUNERAL of Brother ALEXANDER McGEE, late of 260 ; to move from his late residence, Police Station, George-street South, THIS DAY, 24th instant, at 3 o’clock p.m.
H. WILSON, Secretary pro tem.
* * *
FUNERAL.-The Friends of the late Mr ALEXANDER McGEE, late Inspector of Police, are respectfully requested to attend his Funeral. The procession to move from his late residence, Police Station, George street South, THIS (Thursday) AFTERNOON, at a 4 o’clock.
IN our obituary of yesterday we had to record the death of Inspector Alexander McGee, of the police force, of Sydney. ” We have long been expecting to make this announcement, for it was on the 26th of March last that McGee, in the firm and intrepid performance of his duties, received the gunshot wound from which, to use the more than ordinary picturesque language of the bar, he, up to the 22nd May ” did live and languish, and languishing ” did die.
The particulars of the occurrence which caused this lamentable event have been recorded in our columns, and are reproduced in the appended, report of the inquest which took place yesterday. The funeral will take place at three o’clock to-day ; and, when it is over, we shall have to add some particulars of Mr. McGee’s career in the police force, all of which we may say are highly creditable to him as a public officer in whatever grade or rank he moved. We are happy to say that we have been informed by the superintendent of Police that a pension to the widow of £50 can be afforded out of the Police Fund.
It is a somewhat singular coincidence that this will be the second instance of relief from the Police Fund which has Mrs. McGee will receive. She was formerly married to a man of the name of Watson, in the police force, who, while conveying a prisoner to the watchhouse, was so seriously kicked in the back that consumption was induced, and he speedily died. On that occasion the donation of £100 was paid to the widow out of the Police Fund. Still we think that some testimonial from the citizens in token of their approval of the gallant conduct of McGee is eminently due.
THE INQUEST.
Mr. J. S. Parker, the city coroner, having, assembled a jury, and viewed the body, commenced the inquest in his office at ten o’clock yesterday morning. The names of the gentlemen who composed the jury are as follows : James Carroll, foreman ; Morris Castle, Edward Sadlier, J. J.E. Lisak, Frederick M. Moore, William Hankin, Thomas S. Pope, R. C. Hordern, John Balantine, Patrick Fox, Timothy Lane, Charles Frazer, and David Baxter.
William Pike, the soldier charged with firing the shot at the deceased ; and Patrick Hughes, charged. with being an accessory thereto, on remand from the Police Court, were brought before the Court by Inspector Foran. The first named prisoner is a young man of about eighteen years of age ; and the other is ‘ something above twenty. The former held down his head, and throughout the inquiry appeared to feel the awful nature of the situation in which his misconduct had placed him ; but the latter appeared intelligent, and asked a number of questions from several of the witnesses.
James Rush, sergeant of police in the B. Division, on being called, deposed as follows : At about half past eleven o’clock on the night of the 26th March last, I went into the Sportsman Inn, at the corner of Pitt and Goulburn streets ; was in plain clothes at the time ; while in the act of drinking a glass of ale a soldier, whom I believe to be the prisoner Pike, came in with a rifle in his hand ; I observed blood on the back of his left hand, and on the rifle something like part of a woman’s dress ; I thought there was something wrong in the soldier having a rifle with him ; I gave Mr. Cowell, the publican, a wink, and turned round for the purpose of closing the door, when I observed another soldier outside with his rifle at the charge pointed towards the house ; the soldier inside said, ” come in and have a drink,” to which the soldier outside replied ” come out of that you b—-y fool, don’t you see ? ” I did not think it safe to interfere ; the soldier in the house, after drinking a glass of ale, went out ; I remarked to Cowell “there is something wrong; I will follow them ; ” I did follow them ; they went down Goulburn-street, and passed constable Potter ; when I came up to constable Potter I told him to follow them at some distance ; when they reached Sussex-street they turned to the left, and went down Sussex-street South ; I saw a Policeman standing at the corner of Sussex and Goulburn streets, and he was joined by constable Potter immediately afterwards ; as I followed after the soldiers I heard one of them remark, ” I tell you it is not ;” I saw that the rifles were capped ; I came up by the men, and Hughes said to me, ” where is the Old Australian Inn? ” I replied ” I do not know ; I know Stewart’s Australian Inn, and I will show it you.” I further remarked ” I suppose you are strangers in Sydney, having your rifles, and come off a long journey;” Hughes replied ” we have just come up from Melbourne by the steamer,” which I knew to be false. When the prisoners got near Mr. Cooper’s wine stores, Sussex-street South, they turned to the right. I said ” you had better not go that way or you will get bogged, it takes you into the harbour.” Hughes said “you had better come no further.” I said ” I will ; I live that way, and am going home; I will show to you the house you asked for,” I saw two policemen coming down Sussex street towards us. The soldiers proceeded into George-street, and passed over to the Haymarket, talking to each other, but I did not hear what they said ; while passing over the Haymarket they turned round and presented their rifles at me ; I thought it best to retreat, which I did very slowly ; as soon as I got out of the soldiers’ sight I ran in to Goulburn street, and asked Mr. Quigley, a publican, to lend me a black coat, which he did ; I went up Goulburn street and met inspector McGee coming out of Durand’s-alley with a female prisoner and several constables ; I said to inspector McGee “there are two soldiers out with rifles, and I think they mean mischief :” he asked ” Where are they? ” and at the same time the soldiers passed up Pitt-street. McGee said ” Come on, let us take them ” I laid hold of the inspector and said ” You had better not go, they will shoot you ; I have changed my clothes since the soldiers last saw me, they will not know me; I will get them into a public-house, and while there you can come up with some other men and secure them;” he replied “that will be the best way ; I followed the soldiers up Pitt-street ; they turned into Liverpool-street, and as soon as they turned the corner I heard some person running ; the soldiers turned round and commenced running also ; I was on the prisoners’ right at the time, and I stepped over and faced Hughes; he presented his rifle at me ; I hit the rifle aside, and struck at the man, but the blow did not take effect ; the soldier stepped back and placed his rifle on my chest ; I knocked the rifle aside again and struck the man on the forehead, which cut his forehead and staggered him ; I flung my arms around him and the rifle and held him tight ; at that moment I saw sergeant Rooney passing, and I called out to him to come and take the rifle ; he came and wrenched the rifle from the prisoner Hughes’ hands ; I then let the man go and knocked him down, and while he was down I, with the assistance of sergeant Rooney, secured him ; I then said to sergeant Rooney, “go and see where the inspector is,” and at the same moment I heard the words ” stop or I will shoot you ” ; in reply, I heard the deceased say, ” Don t fire, you coward ;” immediately afterward I heard the report of a gun ; about half a minute after that sergeant Rooney and constable Connaughty came round with the prisoner Pike ; I took the rifle and found by the smell of gunpowder, as also by its feeling warm, that it had been recently used ; I then picked up the rifle lying on the ground, and found it was loaded and half cocked; with the assistance of the other two officers I took the two prisoners to the B station-house ; I searched Hughes and found on him nineteen rounds of ball cartridge, between twenty and thirty percussion caps, and a stopper to fit in the rifles; I also saw nineteen rounds found on the prisoner Pike; each prisoner had a package broken, as though a charge had been taken out of them ; the next morning the prisoners were brought before the Police Court : on that day (27th March), I went to the Victoria Barracks, and in my presence the charge now produced was drawn from the rifle taken from Hughes ; in the afternoon, as the prisoners were being brought out of the Central Police Court, the prisoner Pike said, “How is the man that was shot? I replied “He is very bad ; you had better not say anything to me about this charge, or I shall give it in evidence against you ; ” he then said, I did not intend to shoot him ; ” I said. ” you did very wrong in bringing your rifles out at all ” ; he answered, ” we wanted something before we left Sydney, as we intended to have taken the bush if you had not come across us.”
By a juryman : I do not know whether the prisoners knew me when they first saw me at the public-house ; they had ample opportunity to shoot me while I was following them ; had I not gone away when they told me, at the Haymarket, I should have been in danger of my life.
By the Coroner : I produce a piece of lead given me by Mr. Dixon, who said he found it in his house ; he lives in Castlereagh. Street, near where the deceased was shot ; the prisoners appeared to know what they were doing, but they were excited ; I saw Mr. McGee at the Dungate Inn the same night, and asked him if he was much hurt ; he replied, ” hurt, yes. ‘ The prisoners declined to ask this witness any questions.
Francis Rooney, sergeant of police in the B division, deposed : On the night of the 26th March last was on duty in company with the deceased, inspector McGee, in Goulburn-street ; sergeant Rush came and reported to us that two soldiers, having guns in their possession, were in Pitt-street, and that one of them had his hands smeared with blood ; all three of us proceeded into Pitt-street at once, and we observed the soldiers going along the middle of the street towards Liverpool -street ; each of the soldiers had a gun ; they turned up from Pitt to Liverpool street, and were walking quickly ; we followed them ; we were dressed in police uniform, and the soldiers were dressed in their military uniform ; we ran after the soldiers, and they, apparently seeing us, ran up toward Castlereagh-street ; sergeant Rush was in advance of me and the deceased ; I saw sergeant Rush lay hold of the prisoner Hughes by the neck and put his arms round his (Hughes’) arms ; the prisoner still held the gun under his arm, and sergeant Rush tried to shift it ; I and the deceased came up, when the prisoner pointed the gun at me ; I caught hold of the gun, pushed it aside, and wrenched it out of his hands ; sergeant Rush then knocked the prisoner down and secured him ; the deceased started off after the other prisoner (Pike), who turned round into Castlereagh-street; a few seconds afterwards, I heard a report of a gun in the direction in which the prisoner had ran ; I left the prisoner Hughes in charge of sergeant Rush, and followed after the deceased, and when I turned the corner I saw the deceased being carried by two men into the Dungate Inn ; I followed after the prisoner Pike, and when I came up to him he was in the custody of constable Connaughty ; I assisted to secure the prisoner, and we proceeded with him to where I had left sergeant Rush with the prisoner Hughes, and we then took both prisoners to the B division watch house ; both prisoners appeared sober, cool, and fluent ; The same night a report was received from the military barracks that Patrick Hughes and William Pike were absent from the barracks with firearms and ammunition ; I am not positive whether the prisoners wore belts when apprehended ; they had no side firearms ; the gun taken from Hughes was loaded. The prisoners declined to ask this witness any questions.
Timothy A. Cowell said ; I keep the inn known by the sign of the Sportsman, at the corner of Pitt and Goulburn streets ; at about five minutes after eleven o’clock on the night of the 26th March last, the prisoner Hughes and a civilian came into my bar ; the civilian called for a pint of ale, which he paid for, and which was drunk between them ; Hughes drank part of his and went outside, and during his absence sergeant Rush came in in plain clothes ; both prisoners came immediately afterwards, each having a rifle in his hand ; Mr. Rush looked at the men with suspicion, and appeared as though he was going to close the doors on them ; one of the rifles had part of a woman’s skirt on it, much smeared with blood I said to Mr. Hush ” there is something wrong them” he replied, ” I will follow them and see what they are up to;” the soldiers then went away, and Mr. Rush followed them; half an hour afterwards I saw the two soldiers come up Pitt-street, and Mr. Rush came up Goulburn-street ; Mr. Rush had changed his coat ; he was followed by inspector McGee and three or four constables, and they all followed the soldiers up Pitt-street ; I closed my door and followed after the police ; just after turning the corner of Liverpool-street, the soldiers commenced running, and the police after them ; I saw Mr. Rush seize hold of Hughes, and I went to assist him I saw Hughes twice place his rifle against Mr. Rush’s breast, as if he wanted to let the rifle off ; before I could render any assistance, sergeants Rush and Rooney had Hughes on the ground and secured ; I then went into Castlereagh -street and saw the barrel of a rifle projecting from a butcher’s shop, and I saw Mr. McGee and two other police officers in front of the rifle ; the rifle was let off, and Mr. McGee said “I am shot;” I took hold of him and assisted him to sit down, and also assisted to put the handcuffs on Pike ; I then assisted to carry Mr. McGee into the Dungate Inn ; I went to the Police Station with the police, and saw a quantity of ammunition taken from both prisoners ; I heard Pike, when he was on his way to the station house, say he was sorry what he had done; when I saw the rifle projecting from the butcher’s shop I heard someone say ” I will fire,” when Mr. McGee said, ” don’t fire you coward;” I think the distance Between Mr. McGee and the rifle, when it went off, was about ten yards ; the rents in the clothes now produced corresponded with those caused by the gunshot wounds, the rifle, when it went off, was pointed in the direction of Mr. Dixon’s house ; Pike was very much excited when apprehended.
By the prisoner Hughes : Sergeant Rush was in front of you when you had your rifle against him ; there was part of a skirt of a dress on your rifle ; I cannot say whether there was any blood on the rifle.
Sergeant John Marsland, of the 12th Regiment, deposed : I know the prisoners before the court ; Hughes belongs to my company, and has been in the regiment since he was a boy ; Pike landed here on the 9th July last and they are both in the habit of drinking, and they have been punished for it ; on the 26th March last Hughes’ was confined in barracks, and was reported absent at about half-past eight o’clock p.m. ; 1 hour later Pike was reported missing ; their rifles were also found to be missing ; it is contrary to the regulations to take arms out of the barracks without orders ; the men are served with twenty rounds ammunition each for their Enfield rifles ; after the prisoners were reported missing I got a picket, by order of the commanding officer, and went down to the town to look for the missing men. ; I reported the absence of the men at the different police stations ; I left the picket at the Detective Police Office, and went with inspector Hogg in search of the prisoners ; we were informed by a constable of the shooting of inspector McGee by one of the prisoners ; I believe Pike was apprehended once before for being a deserter but he had not his rifle with him then ; the men have to be in barracks by eight o’clock in the winter, and at nine o’clock in the summer.
By the prisoner Hughes : The cause of your misfortunes in the regiment is drink.
By the Coroner : I believe that Hughes struck a non commissioned officer once. By the prisoner Hughes : You are a pretty good soldier when sober.
Constable James Potter said : The clothes produced are those worn by Inspector McGee on the night of the 26th March inst. I helped to strip him and to convey him to the infirmary : I was present when he was shot ; and I heard the prisoner Pike say ” stand back or I’ll shot you ; ” and I heard Mr McGee say, ” don’t fire, you coward ;” I saw the rifle go off, and heard Mr. McGee say ” I am shot,” you pulled the trigger yourself ; ” There was no person near enough to Pike when he fired the rifle to pull the trigger but himself.
By the prisoner Hughes : The night was too dark to see the trigger or Pike’s rifle.
Constable Patrick Connaughty, who was also present at the affray, corroborated the testimony of the other witnesses.
Richard Dixon, a tailor residing at 366, Castlereagh–street, deposed : On the night of the 26th March last, I heard the report of a gun ; I got out of bed, procured a light, and found at the foot of my bed the piece of lead now produced ; it appears that one of the posts of my bed had been struck by the bullet : I found the upper square of glass in my window shattered.
John Cecil Read, inspector of the B division, said, the deceased inspector McGee was an inspector under me in the division ; he was shot on the night of the 26th March last, and I had him conveyed to the Infirmary ; I understand he has been twenty years in the police service ; I have known him for five years ; he was generally liked both by the police and the public ; he was a very active police officer ; he leaves a wife and five children not well provided for.
James Robertson, M.D., surgeon to the Sydney Infirmary deposed : Alexander McGee was admitted as an in-patient into the Sydney Infirmary on the 27th March, and died on the 22nd May. He had received a wound on the right groin, immediately to the outside of the artery in that part. There was also a wound in the buttock of the same side. These wounds were no doubt caused by a bullet, the first mentioned being the point of entrance, the latter the place of exit. He died from the effects of this wound. The bullet passed between the points mentioned through the arch of the thigh bone. The wound was almost certain to prove fatal from the first. After death I made an internal examination of the wounded parts. I did not find any foreign body therein ; the deceased told me he had been shot by a soldier ; such a wound might have been caused by such a bullet as that now shown me.
The Coroner then summed up, and the jury, after five minutes’ consideration, agreed to the following verdict :- ” We find that the deceased. Alexander McGee, died from the effects of a gun shot wound, fired by William Pike at inspector McGee, and we pronounce him guilty of wilful murder ; and we find Patrick Hughes guilty of being an accessory before the act, and pronounce him guilty of wilful murder.”
The jury appended the following rider to their verdict:-” We (the jury) unanimously beg, in the strongest possible manner, to recommend the unfortunate widow and five children of the late inspector McGee to the kind consideration of the Government, and more especially after the many years that the late Mr. McGee has discharged his duties with so much, credit to himself, and with such utility to the public. And we also consider it our duty to record, on our behalf as well as on the part of the public generally, our high approval of the conduct of sergeant Rush, who was not on duty on the night in question, and of the conduct of sergeant Rooney and constables Potter and Connaughty.”
The prisoners Pike and Hughes were then removed in custody to the gaol, at Darlinghurst, to await their trial at the next sitting of the Central Criminal Court.
The SPEAKER took the chair at half-past three o’clock.
THE LATE INSPECTOR McGEE.
Mr. ROBERTSON in reply to a question from Mr. Hoskins, said that the widow of Alexander McGee, late Inspector of Police, recently deceased, who died from the effects of a wound received in the execution of his duty, would receive an allowance, which would be provided from the Police Superannuation Fund, under the recommendation of the Board who managed it.
William Pike and Patrick Hughes, private soldiers of the 12th Regiment, were indicted for having at Sydney, on the 26th March, 1860, feloniously, wilfully, and of their malice aforethought, killed one Alexander McGee.
The Attorney-General conducted the prosecution. The prisoners were defended by Mr. Isaacs.
The first witness called was constable Connaughty, of the Sydney police. He deposed that on the day named in the indictment, Monday, 30th March, he saw the prisoners going along Goulburn-street, with fire-arms in their possession. Followed them into Pitt-street, where witness was joined by inspector McGee, and two other police officers. The prisoner Hughes was arrested by sergeants Rush and Rooney. Witness and deceased pursued Pike into Castlereagh-street. When they passed Liverpool-street, Pike turned round and said, that if they attempted ” to come near him,” or ” apprehend him” he would shoot them, McGee said, ” don’t fire, you coward,” he afterwards ran up Castlereagh-street, followed by witness and deceased, When they were within three or four yards of the prisoner he turned round and fired, and deceased called out ” I am shot.” The prisoner said ” you pulled the trigger yourself.” Deceased was not near enough to touch the rifle. About half-a-minute elapsed between the time when the prisoner said he would fire and the time when deceased was shot. Prisoner had run about twelve yards. Pike was subsequently taken by witness and some other constables. On his person were found nineteen rounds of ball cartridge and some percussion caps.
Cross-examined by Mr. Isaacs : Witness and deceased were equally close to the prisoner when be fired. Believed that constable Potter was close behind. As the prisoner went along, he had his piece at the trail.
By the Attorney-General: Did lose sight of Pike between his leaving the Haymarket and firing his piece, but did not lose sight of him after he threatened to shoot until he fired.
By his Honor : Before the shot was fired McGee said nothing to the prisoner except what had already been told. After the shot was fired, be said “secure that scoundrel.”
Sergeant Rush, of the Sydney police, deposed that, on the night of the day named in the indictment, he saw the prisoner Hughes drinking ale in Cowell’s public house at the Haymarket. He observed that he had his rifle. Witness was not on duty, and was not in uniform. He observed that Hughes had the skirt of a woman’s gown on his rifle, and that there was blood on the back of his hand. Witness saw Pike outside with his rifle at the charge, pointing into the public-house. Hughes called to him to come in and have a drink, when Pike said ” come out of that you b—-y fool, don’t you see ?” Hughes came out, and both went away, followed by witness. The prisoners asked witness where was the Old Australian Inn, and witness said he knew where Stewart’s Australian Inn was, and he would show it to them. Witness said ” you must be strangers in Sydney, as you have your rifles, and don’t know your way.” Hughes said,”yes, we have just arrived from Melbourne.” After proceeding some distance, one of the prisoners said that he had better not follow them any farther, and witness said he was going home, and would show them the house they asked for. Having gone a little farther, the prisoners turned round and presented their pieces, telling the witness to go away. Believing himself to be in danger, be walked away slowly, until be met inspector McGee, and some other policemen. Witness subsequently apprehended Hughes. Before he was taken he twice placed the rifle at the breast of witness, and kept rambling in his packet for a cap. While he was securing Hughes, he heard someone call out ” Don’t come any nearer or I will fire,” and heard McGee voice calling out ” Don’t fire, you coward.” Witness subsequently took both the prisoners to the watch-house assisted by other officers. Saw the charge produced drawn out of Hughes’ rifle at the watch-house. On Tuesday, after the prisoners were remanded. Pike asked witness ” How is the man who was shot. ‘ On witness making some reply, he said ” I did not intend to shoot him.” Witness said ” You did wrong in coming out of the barracks with your rifles at all.” Pike said ” We wanted something before we left Sydney, as we intended to take the bush for it,”
Cross-examined: It was between eleven and twelve at night when witness saw the prisoners at the public house. Was standing in front of the bar when Hughes came in. Believed it was Hughes that came in and drank at the bar. Believed that he said it was Hughes that came in and Pike that stood outside when he gave his evidence on former occasions. (The witness’ deposition were here placed in his hands.) Believed still that it was Pike who stood outside. He had his piece at the charge, but not presented. When the conversation took place about the Old Australian Inn, the prisoner had their pieces at the trail. Believed he had never said that they had their arms at the charge at this time. [The depositions were handed to the witness.] When witness was apprehending Hughes the prisoner twice brought the piece to the present. The first was not a good present; the second was. At the second time, witness threw his arms round the prisoner, and called to sergeant Rooney, who took the rifle away.
By the Attorney-General: From the time when Hughes first presented his piece till he was arrested, a very short period elapsed.
By Mr. Isaacs : Could have heard the words, ” Don’t come any further,” or ” Don’t follow me,” distinctly, but was otherwise engaged, and did not recollect the exact words.
Sergeant Rooney, of the Sydney police, corroborated the evidence of the preceding witnesses. He accompanied inspector McGee in pursuit of the prisoners. Followed them at a distance of about twenty yards. When they turned round the corner, at the Sugar Works, witness and McGee ran. When they came into Liverpool-street, saw Rush and Hughes scuffling, and took the rifle away. Rush knocked Hughes down and witness handcuffed him. On the way to the station Pike said that if he shot the man he would suffer for it. The prisoners appeared to be sober.
Cross-examined : Witness took the rifle from the prisoner. Never said that it was Rush who took away the rifle.
By his Honor : While witness and McGee were together, neither spoke to the prisoners.
Dr. Robertson, surgeon to the Sydney Infirmary, de-posed to McGee having been received into that institution. He was suffering from a gun-shot wound in the groin. The wound was the cause of death. The ball had gone through the neck of the thigh-bone.
By Mr. Isaacs : Such a wound would almost necessarily be fatal from the first. Never knew a case of recovery wherein the thigh-bone was shattered. The ball had gone right through the neck of the thigh-bone at a place where the bone is thick. Examined the body after death, and observed a variety of symptoms, the natural result of the wound. The external orifice of the wound had at one time completely healed ; that was proper treatment, inasmuch aa the matter passed out at another opening below.
By his Honor : The ball entered in front. If the par-ties were close, the weapon must have been pointed downwards. Deceased appeared to be rather a tall man.
By Mr. Isaacs: McGee died on the 22nd May, and witness first saw him on the 27th March. Did not say that the wound was necessarily fatal from the first, but that it was almost so. That was not a long period for a man to survive after receiving a fatal wound.
Alfred Cowell, a publican, living at the corner of Pitt and Goulburn streets, corroborated the evidence of the preceding witnesses, as to what occurred at his house. Hughes was in company with a civilian when be first came to the house. The witness was also present when McGee was shot, and he accompanied the prisoners to the watch-house. Heard Pike say that he was sorry of what he had done.
By Mr. Isaacs : Could not say how near the rifle was to McGee when it was first presented. When it was fired McGee was about twelve feet away, the rifle projecting from the side of a wooden house, close to which the prisoner stood.
By his Honor: Was distant about ten or twelve yards from McGee and the soldier when tho shot was fired. When Hughes first came into the public-house, he had not the rifle with him. He wanted to take out some drink ; and witness not allowing him to do so, he went out, and came back in company with the other soldier, Hughes this to,e carrying his rifle. It was between his coming in and going out that Rush came in. Pike only took one step inside the door. He d d not come up to the bar.
Constable Potter, of the Sydney police, corroborated the proceeding evidence, as to what took place at the time when McGee was shot.
By Mr. Isaacs : Saw the prisoners go along Goulburn street in the course of the night. Noticed nothing particular about them, except that they had fire-arms, and that the barrels of the rifles were covered up. Witness was behind McGee when the shot was fired. Was not in a line with the deceased, but was a little towards one side. Deceased was at the curb, prisoner was in a gateway. Heard the words used by Pike-” Stand back, or I’ll shoot you,” or some words to that effect. The caution was spoken twice. After it was spoken the second time deceased did not advance. To the best of his belief, McGee was about two yards from Pike when the shot was fired. The prisoner was in a gateway, but was not out of sight or behind a corner.
By his Honor : There were marks of fire both on the coat and trousers of deceased.
Richard Dickson, residing in Castlereagh-street, deposed that on the day following the occurrence, a bullet was found in his house, which was opposite the place where the shot was fired. The bullet had struck the wall about sixteen feet from the ground.
Sergeant Marsden, of the 13 th Regiment, proved that one of the two rifles produced belonged to Hughes ; who the other belonged to, he could not say. Saw the prisoners on the evening of the 27th. Did not see them again till he saw them in the Court.
Mr. Isaacs submitted that there was no case to go to the jury, in regard to either of the prisoners.
His Honor said be could not understand why the case should be shut out from the jury ; but he would like to hear what evidence there was that the police were in the execution of their duty in arresting the men.
The Attorney-General said there was no immediate evidence to that effect; but it was quite clear that a man had lost his life by the acts of the accused.
Mr. Isaacs still adhered to his opinion. He submitted that in regard to Hughes there was no case whatever. It was not shown there was any previous compact, and therefore. Hughes could not be an accessory before the fact.
The Attorney-General submitted that it was clear from the evidence that there was a ” joint object on the part of the prisoners, from beginning to end, namely, to shoot whomsoever interfered with them, in the proceeding which they had adopted, of going about the city at a late hour at night with loaded firearms in their hands.
His Honor thought there was no evidence to show a joint intention to kill anyone, and that, therefore, there was no evidence to criminate Hughes. The only offence of which the prisoners were shown to have been guilty, in the first instance, was carrying loaded fire-arms through the streets, and that was no offence at the present time, although it was an offences three months ago. He should direct the jury to return a verdict of not guilty in the case of Hughes. ‘ ‘
Mr. Isaacs then proceeded to argue that there was no case against the prisoner. There was nothing to justify the police in interfering with the men. No felony had been committed ; there was no reason to suppose that a felony had been committed. The Arms Act, be believed, was not in existence since November last ; but at all events, it was sufficient for his purpose that the Act was not now in force; and if it were, the military were exempt from its operation. There was not word addressed to the men from beginning to end by any policeman in uniform, except the words used by deceased, ” don’t shoot, you coward ;” and there was no reason to believe that the accused were not themselves looking for deserters, and therefore having the best cause to keep themselves aloof from other persons. The learned counsel cited two cases in support of his argument ; but eventually admitted that the several cases went rather to show that the circumstances on which he laid stress, simply went to reduce the crime for murder to a lesser offence.
The Attorney-General contended that the charge of murder was sustainable, inasmuch as the aggression came from the prisoner Pike. That he was the aggressor was shown by the fact that be had, before receiving any provocation from the deceased, either by word or act, held out a threat, saying, ” If you follow me, I will shoot you.”
Mr. Isaacs addressed the jury, for the defence.” He commenced by urging upon them to disabuse their minds of any impression which they might have received from the extensive discussion which the case had received in the public prints and otherwise. He submitted that if they arrived at the conclusion that the prisoner believed the police were about to arrest him, then the crime was reduced from murder to manslaughter, for the deceased had no more right in law to arrest the prisoners than to arrest him, while he was addressing the jury. He contended, however, that there was good reason to believe that the rifle went off accidentally, looking at the fact that the prisoner previously had ample occasion to fire after the commencement of the pursuit, and had, half a-minute before, presented the weapon without firing.
The Attorney-General declined to reply.
His Honor summed up.
The jury, after a consultation of twenty minutes, returned a verdict of not guilty in the case of Hughes, finding Pike guilty of manslaughter.
His Honor sentenced Pike to be imprisoned and kept to hard labour in the gaol at Darlinghurst, for a period of three years. Hughes was remanded to the custody of the military authorities.
Buried at: Unmarked grave at Araluen Catholic Cemetery
Trooper SMITH lies in an unmarked grave at Araluen Catholic Cemetery.
[alert_yellow]JOHN is NOT mentioned on the Police Wall of Remembrance[/alert_yellow]
The trooper was drowned in severe floods at Araluen in February, 1860. The Sydney Morning Herald of Monday 20 February, 1860 graphically reported the floods, advising of “Losses to life and property, the extent of which are yet not known, from a subject of a dark page in the annals of Braidwood and surrounding districts.” It went on to describe the sad death of Trooper Smith.
….The next calamity to human life occurred at the police camp. Trooper Smith, who had lately joined the force, was endeavouring to escape to Mr. Sweeney’s house, when the current carried him off, and his corpse was discovered when the water subsided; it was entirely buried in the sand, part of the arm projecting. Several bodies not known have been recovered, and it is anticipated that at least seventeen human beings have lost their lives in the Araluen flood. ……..
At the time of his death the trooper was stationed at Araluen. No further details are known as yet.
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The Goulburn Herald ( NSW ) Saturday 18 February 1860 p 2 of 4
…….
One of the Troopers of the Southern Patrol, a fine young man named John Smith, was drowned while endeavouring to cross from the police camp to the Cornstalk Inn. In fact the destruction is general and conceivably great. …..
The Empire ( Sydney ) Monday 20 February 1860 p 3 of 8
……. At the Police Camp the water rushed in, and one of the troopers named Smith, whilst making his way from there to Sweeney’s public house, was carried away by the rushing torrent and met with a watery grave : his body, together with the bodies of two Chinamen, have been recovered. ……
Stations: Cheshire Creek Barracks (Bathurst/Peel area), Wyagden
Served: From about 1854 to 22 December 1857
Awards: ?
Born: In Madras, India, about 1836
Died: 22 December 1857
Age: ?
Cause: Shot – Murdered
Bathurst
Funeral Date: ? December, 1857
Funeral location: ?
Buried at: ?
Trooper Robert Dowker CODRINGTON
On 22 December, 1857 Trooper Codrington rode out to meet the gold escort from the Turon Valley. His duties included escorting the gold and mail being carried either by coach or packhorse down the steep Wyagdon Hill and into Bathurst. After he was reported missing, a search was conducted and his body, shot through the heart, was found off the side of the Bathurst – Turon Road in a ravine at the top of Wyagdon Hill. Bushes were found nearby piled on the roadside and it is thought that the bushrangers who probably killed the trooper had hidden at that spot to await and rob the escort. No other satisfactory reason could be found for the murder, although the escort passed the spot unmolested on that day. Local legend has it that the trooper was killed by an old enemy who then returned to England after the murder, however this remains unsubstantiated.
In late 1860 John Higgins (alias John Davis) appeared before the Albury Police Court charged with “having, on the 22nd day of November [sic], 1857, shot one Robert Codrington, a mounted trooper, in the District of Sofala, Bathurst”. He was found not guilty. An alleged witness to the murder was Richard Henry Mills Sampson, who was a man known for giving false evidence in a previous, unrelated trial. His statement, which may or may not be truthful, was as follows:
At that time I was going from Louisa Creek to Bathurst to spend Christmas. I there met the prisoner with three other men, two of them were travelling with the deceased trooper. I rode up sharply, and was immediately covered by a gun by one of the men. The prisoner, whom I now distinctly recognise, shot the trooper Codrington, and afterwards proposed to shoot me. A man named Cole, whom I have known for years, was one of the party…[and he] said I would not blab. The murder took place about 3 o’clock in the afternoon. I was about 50 yards from them when I first saw them. The prisoner said several times, “Shoot him,” and called the others cowards. He then shot Codrington himself, and was the only one of the party who had a gun. I did not see what they did with the body.
The constable was born about 1832 and joined the Gold Escort about 1854. At the time of his death he was stationed at Cheshire Creek Barracks (Bathurst/Peel area).
Robert IS mentioned on the Police Wall of Remembrance
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Location of ( Wiagdon ) Wyagdon:
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Born in Madras ( India ) in 1836 to Robert Codrington and Louisa. Robert Dowker married Louisa Kershaw on 5 April 1856 and had a child – Robert William, born 27 November 1856 or 1857 & died 2 April 1930 in NSW. Robert Dowker CODRINGTON passed away on 22 Dec 1858
My great great grandfather, Robert Dowker Codrington, a gold trooper (mounted policeman) who was shot at Kelso in about 1856. He migrated to Australia in 1853 from England.
Bathurst Free Press and Mining Journal Saturday 26 December 1857 page 2 of 4
HORRIBLE MURDER. Intelligence reached town on Thursday morning, that one of the Gold Escort named Robert Codrington, stationed at Wyagden, had been found murdered under Wyagden Hill. On further enquiry we found that the report was too true. It seems that it had been customary that the trooper stationed at this place, should go out to meet the escort on its return from Sofala, and it is supposed that some party or parties, aware of this circumstance, availed themselves of the opportunity to commit this horrible crime, evidently with the ulterior intention of attacking the Gold Guard. The ill fated man, who had been missing since Tuesday morning, his horse having returned to the Police Station without him, was discovered after a lengthy search by Sergeant Giles, lying headforemost down the hill, with his arms outstretched, and his feet carefully placed together. The body was in a state of partial decomposition, but the marks of a bullet shot through the stomach were plainly apparent, and the arms, including a carbine and pistol, and all the accoutrements had been removed. The deceased was twenty years of age, bore an excellent character, was the son of a commissioned officer in the Indian army, and was a young man of remarkably fine presence. We regret to add that he leaves a wife and child to mourn his untimely fate. Expresses have been sent out in various directions in quest of the guilty parties, and no pains will be spared to bring the perpetrators of this heinous crime to justice.
The Sydney Morning Herald Tuesday 29 December 1857 page 5 of 8
Bushranging. – Accounts have reached town of the wilful murder of trooper Robert Codrington, of the Mounted Police, on the 22nd instant, near Wyagden, when on the way to meet the gold escort. The return of Codrington’s horse, without either rider or trappings, was the first intimation that anything had happened, and on instituting a search the body of the poor fellow was found, having fiveshotandslugwounds in his body, which would cause instant death. His arms ( firearms ) and accoutrements are missing.
Empire ( Sydney ) Saturday 2 January 1858 page 5 of 6
THE TRAGEDY AT WYAGDEN.
(From a Correspondent of the Bathurst Free Press.)
Our quiet neighbourhood has been thrown into a state of great excitement, in consequence of Trooper Codrington, of the Gold Police being shot, at the top of Wyagden Hill.
It appears that Robert Codrington, trooper in the Gold Police, left the Police Barracks, at Cheshire Creek, where he was stationed, about 8 o’clock on Tuesday morning last, for the purpose of meeting the Gold Escort coming from Sofala; and by his not returning that day, some excitement was caused ; it was conceived that he had ‘received some fresh orders, and had gone on to Sofala. On the Wednesday morning his horse was discovered at the stable, with the saddle on, but without his bridle. So soon as this was known, a search was commenced along the road, but no traces could be discovered. Night coming on, instructions were given, that as many horsemen as could be procured, should be ready by daylight the following morning to renew the search. Just as we were on the point of starting from Wyagdon, our doubts were set at rest, by the arrival of Sergeant Major Giles, of the Gold Police, who communicated that the body of Robert Codrington had been found in a gulley on the top of Wyagden Hill. We immediately hastened to the spot, and found that the trooper bad been shot on the road, and the body dragged down the gulley some distance. The scene was most heartrending, and became still more so by the presence of his wife, a fine young woman in the bloom of life, with her baby about twelve months old, who had hastened to the spot so soon as the bad tidings had been made known to her, anxious to see the last of her affectionate husband.
On the arrival of Dr. Andrews from Sofala, who had been sent for, an inquiry was instituted in the presence of J. B. Suttor and Hugh Bridson, Esquires, magistrates.
It was found necessary to remove the body to the nearest public-house, for the purpose of a post-mortem examination. Evidence was taken to show that the deceased had been shot, and that six buck shots had passed through the heart. From inquiry it would appear that a plot had been made to waylay the mail, for the purpose of robbing it, and Codrington happening to pass up first, he was shot by the supposed robbers, and while they were getting him out of the way, the mail must have passed down in safety. It was quite evident from the way the bushes were placed, forming a sort of ambush just on the top of the first point, where the mailman always pulled up to put on the drags, and the guards generally get off, that the intention must have been to have shot the guards, for the purpose of robbing the mail only ; as one pound two shillings was found in Codrington’s pockets, which was all the money he was supposed to have had about him. The carbine and pistols were taken away.
The unfortunate victim of this lawless outrage was a young man of high respectability, and descended from a very high family, who have always stood foremost in the defence of their country ; and he was very much respected in this neighbourhood.
We very much regret that the serious illness of Mr. Johnson, the Gold Commissioner, has prevented his ready aid and presence on this melancholy occasion.
Every praise is due to Sergeant Major Giles and his troopers, in making every exertion to discover the body ; and it is to be hoped that his well-known experience will enable him and his troopers to discover the perpetrators of this awful murder.
After this tragical sacrifice to mistaken policy and economy, it is to be hoped that the Government will see the necessity of increasing the gold police force, as well as the rural police in the neighbourhood of the diggings.
Bathurst Free Press and Mining Journal Saturday 9 January 1858 page 4 of 4
MURDER OF TROOPER CODRINGTON. Public Meeting.
At a Public Meeting held at the ” Carrier Inn, ” Bathurst, W. Hall Palmer, Esquire – P.M. in the Chair, it was proposed by W. H. Suttor, Esquire, seconded by W. Lee, Esquire :-
” 1st. That the recent barbarous murder of Trooper Codrington, at Wyagden, imperatively calls for some movement upon the part of the public in the district, having for its object, the discovery of the murderer or murderers. Carried. Proposed by A. Campbell, Esquire, seconded by J. B. McGuyigan, Esquire.
” 2nd. That a public Subscription be at once set on foot, the amount of which shall be offered as a reward to any person or persons who shall give such information as shall lead to the conviction of the parties concerned in the perpetration of the murder. Carried. Proposed by R. Y. Cousins, Esquire, seconded by Mr. D. Kenna.
” 3rd. That John Blight Suttor, Esquire, be requested to act as Treasurer, and A. G. Shadforth, Esquire, as Secretary, and that they shall at as earl a date as practicable, cause to be published in such of the colonial newspapers as they may deem advisable, the amount of the reward offered. Carried.
Grave Location: positioned right hand side upon the entry gate
Robert Lovell McDOUGALL gravestone
ROBERT IS mentioned on the Police Wall of Remembrance
It appears that Corporal McDougall met his death in 1853 when returning to Sofala from Wattle Flat, where he had been inspecting gold licences and executing a warrant with another policeman possibly named Johnson. McDougall and Johnson had each then set out for Sofala via different routes, for some reason. As McDougall rode along the road over Whalan’s Hill his horse took fright going down a steep incline and he was thrown. It would appear that one of his feet became caught in a stirrup and he was dragged along, inflicting fatal injuries. When his riderless horse returned to town late that night a search was immediately launched and the unfortunate corporal was found about 2am. He died shortly after being taken home. He left a widow, Mary Ann McDougall and five children. His headstone at Sofala reads”McDougall” however most documents located so far indicate that the correct spelling is probably “MacDougall“.
The Sydney Morning Herald of Wednesday 5 October, 1853, p3, carried the following account of the incident.
A melancholy accident, which terminated fatally occurred last week to Corporal MacDougall of the mounted police. It appears that the deceased was returning from the new diggings on Thursday evening when about half a mile from Sofala his horse stumbled and fell, probably on the top of him. The fall unseated him, but unfortunately one of’ his feet got entangled in the stirrup, and he must have been dragged a considerable distance on the road, as his body was in a very mutilated condition. The horse arriving in town late at night without the rider, a search was at once instituted, but it was not until two o’clock on Friday morning that he was found on the side of a hill, half a mile from Sofala in a state of insensibility. Deceased was at once removed to Sofala, and medical assistance procured, but the injuries he received were of so severe a nature that he expired on Friday evening. A magisterial enquiry was held by Mr Commissioner Johnson, when a verdict of accidental death was returned. He was a most efficient officer of the police, and the respect in which he was held by the inhabitants of Sofala was fully testified by the large concourse of all classes and denominations which last Sunday followed his remains to their last resting place. He was in the 27th year of his age, and has left a wife and five children.”
A report submitted on 26 September, 1853 by Assistant Gold Commissioner Johnson of Bathurst, sheds a little more light on Corporal McDougall, as follows.
AGC Office Sofala 26th Sept/53. No. 53/112.
Sir,
I regret to have to report to you the death of Crpl Robt MacDougall of the Gold Police of this State who died on the 23rd instant from the effects of a fall which he received from his horse on returning from executing a warrant on the 22nd instant.
1. No-one witnessed the occurrence but from the evidence given by persons who were with MacDougall immediately prior to it he appears to have been perfectly sober and that the horse he was riding was very restive.
2. The deceased had been in the Police at Sofala for nearly two years during which period he bore the character of a steady, sober and efficient policeman having never been brought up for any misconduct whatever.
3rd. He has left a wife and five children the youngest being only just born and who by this sudden bereavement are left almost destitute. I would therefore urge whether taking into considerations the good character and efficient service of the deceased a gratuity, or pension may not be bestowed upon his widow.
Signed W Johnson AGC
The Gold Commissioner
Western Districts
Bathurst
The corporal was born in 1816 and enlisted in the Gold Escort on 1 October, 1851. At the time of his death he was stationed at Sofala.
Robert Lovell McDougall (son of Samuel McDougall and Margaret McCormack) was born 1816 in Coleraine Londonderry Ireland, and died 1853 in Sofala NSW Australia.He married Mary Ann Saul.
More About Robert Lovell McDougall:
Burial: 1853, Sofala NSW Australia.
Children of Robert Lovell McDougall and Mary Ann Saul are:
+Mary McDougall, b. 1844, Bermuda West Indies, d. date unknown.
National Police Wall of Remembrance touch plate inscription: – differs slightly on date of joining, his rank and station but especially the date of death.
Trooper Robert Lovell McDOUGALL
Sofala NSW
29 September 1853
Jurisdiction: New South Wales
Year of Birth: 1816
I have found the headstone of Corporal Robert Lovell MACDOUGALL has broken in half & the inscription has almost been weathered away. He was buried at Sofala C of E cemetery in 1853, positioned right hand side upon the entry gate.
His widow Mary Ann remarried to another Trooper, Owen Valentine PARSLEY, her Headstone is to be found beside that of Corporal MacDougall. Robert was born in Coleraine, Londonderry, Ireland. 1816
He married Mary Ann (Marion) SAUL, their first child Mary was born in Bermuda.
Two sons were then born in Donegal, Ireland. On arrival in Sydney a daughter Jane Leslie was born, their last child Margaret was born in Sofala a few months before Robert’s death on 26th September, 1853.
Thanking you in anticipation
Janet Aubrey
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???to 5 May 1843 = ? years of Service
Awards: ?
Born: ?
Died on: 5 May 1843
Cause: Shot – murdered
Event location: Cassilis
Age: ?
Funeral date: ?
Funeral location: ?
Buried at: ?
[alert_red]JOHN is NOT mentioned on the Police Wall of Remembrance – BUT SHOULD BE[/alert_red]
The constable was shot and killed during a prisoner escort to Merton on 5 May, 1843. It appears that two constables were escorting three prisoners and during their journey they stopped for a break at a hut at Pickering at about 10am. For some reason the constables then removed the handcuffs from the prisoners while they were resting. At one stage Constable Rutledge went inside the hut, leaving his musket outside, and the prisoner Harris walked outside, took hold of the musket, presented it at the constable and said that if he did not give up his ammunition he would shoot him. The constable refused and started to walk out of the hut. Harris stepped back a step or two, and fired the musket through the doorway, inflicting a fatal wound to Constable Rutledge’s stomach. The ammunition belt was then taken from his body. Harris then ran off when the other two prisoners came out of the hut. The other two prisoners did not try to escape and gave themselves up.
The story of the capture of the murderer Benjamin Harris by Constable Doyle appeared in the Maitland Mercury newspaper of the 8 July, 1843. (Note that Doyle was a convict constable).
CAPTURE OF HARRIS THE BUSHRANGER.
Harris, the bushranger who murdered Constable Rutledge, of Cassilis, while under escort in May last en route to Merton, was captured on the 28th ult., by Constable Doyle, of the Cassilis establishment; and the prisoner is now on his route to Merton, in which district he stands charged with the murder of Rutledge. Doyle is a prisoner of the crown holding the Governor’s ticket and it is to be hoped that his Excellency will for the praiseworthy conduct he has displayed on this occasion grant him a free pardon. He has been out for a month, fully determined to apprehend Harris, and he captured him without assistance.
At the time of his death the constable was stationed at Cassilis.
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The Sydney Morning Herald Saturday 13 May 1843 p 3 of 4
TWENTY-FIVE POUNDS REWARD on A FREE PARDON.— It having been represented to the Government, that Constable Rutledge, of the Cassilis Police, was, on the 6th instant, shot dead at a station of Captain Pike’s, about twelve miles from Merton, by Benjamin Harris, a prisoner of the Crown, per ship James Laing, on escort from Cassilis to Merton, who is now at large, having absconded with the Constable’s arms and ammunition ;
His Excellency the Governor has directed it to be notified, that a reward of twenty-five pounds will be paid to any free person or persons who may apprehend and lodge the said Benjamin Harris in any of Her Majesty’s gaols ; and that if the said Benjamin Harris be apprehended and secured by a prisoner of the Crown, application will be made to Her Majesty for the allowance to him of a Free Pardon.
Description — Benjamin Harris, per ship James Laing, a runaway from the Newcastle Boat’s Crew, 37 years of age, born in Staffordshire, a soldier, 5 feet 5 ¾ inches in height, sallow complexion, brown hair, hazel grey eyes, JHEHJ knot, wreath, BH inside lower right arm, sun inside lower left arm, heart and 7 dots back of left hand.
The Maitland Mercury & Hunter River General Advertiser
Saturday 15 July 1843 p 3 of 4
THE WIDOW OF CONSTABLE RUTLEDGE. –
We are happy to hear that £50 has been raised by subscription in this neighbourhood, and a similar sum has been given by the government, for the use and support of the wife and family of the late constable Rutledge, who was shot by Harris the bushranger.
The Maitland Mercury & Hunter River General Advertiser
Saturday 23 September 1843 p 4 of 4
MURDER.
Benjamin Harris was indicted for the wilful murder of John Rutledge, by shooting him with a gun, on the 5th May last, at Merton.
It appeared that the prisoner was being escorted from Cassilis to Merton by the deceased, along with two other prisoners ; they were not linked or chained together, and only one of them was handcuffed.
On arriving at a station of Captain Pike’s, about twelve miles from Merton, the prisoners went into the hut, and were followed by the constable, who left his musket outside; the prisoner went out of the hut, seized the musket, and said if the constable did not give up his ammunition he would put the contents of the piece through him. The constable said, ” Do it,” and advanced towards the prisoner, who stepped back a few paces ; the constable went out, and in less than a minute the gun was fired, and on the men going out of the hut they found the constable dead. The prisoner took his ammunition, belt, and pouch, and the musket, and made off to the bush. He was apprehended by Patrick Doyle on the 27th June, with the musket, belt, and pouch in his possession.
The prisoner put in a written defence, in which he stated that the gun went off accidentally, and that he was at times, particularly when he had liquor, subject to an affection of the head, owing to some wounds he had received while he was a soldier.
Some evidence was taken for the prisoner on this latter point, but it was not established.
His Honor then summed up, and the jury returned a verdict of guilty. Sentence of death was passed upon the prisoner.
The Sydney Morning Herald Monday 25 September 1843 p 4 of 4
MURDER.
Benjamin Harris was indicted for the wilful murder of John Rutledge, at Merton, by shooting him with a gun, on the 5th May last.
Robert Leaton : Was a prisoner of the crown, and in April last he was punished by the Merton bench, and ordered to be returned to government ; he was given in charge to constable Rutledge, along with the prisoner at the bar and another man, to be brought to Merton ; the constable had a musket and an ammunition belt and pouch; they arrived at Pickering about ten o’clock on the morning of the third day ; they went into the hut, and in a few minutes Rutledge came in leaving his musket outside ; the prisoner went out, took the musket, presented it at the constable, and said that if he did not give up his ammunition he would put its contents through him ; the constable refused to give it, and went out. Harris stepped back a step or two, and fired the musket. Witness went out directly after, and saw Rutledge lying on the ground dead. The ammunition belt was taken from his body ; the ball entered just below the stomach. The prisoner made off when witness went out of the hut, and he saw no more of him until he was apprehended. Witness and the other prisoner went back and gave themselves up.
Patrick Dawe, Innkeeper at Captain Pike’s station : Remembered a constable and two or three prisoners coming to the station ; he did not know the constable ; the prisoners were in charge, one of them had a pair of handcuffs on ; the last witness was one of those in charge ; he could not say whether the prisoner was ; the prisoners went into the hut and sat down ; the constable came in and went to the fire ; the prisoner next the door went out, took up the musket, cocked it, and demanded the ammunition from the constable ; the prisoners were not chained or linked together ; the constable approached him, and said, ” Do it !” Prisoner said he would if he did not give up his ammunition ; prisoner drew back, and the constable went out, and witness soon after heard the report of the musket ; witness went out, saw the constable lying on the ground, and the prisoner took away the ammunition belt and pouch, and went away with the musket ; the other prisoners said they would give themselves up, and left the hut for that purpose.
William Everness, chief constable, Merton : Knew constable Rutledge, his name was John , witness went to Captain Pike’s station in May last, and saw Rutledge dead , the body was covered with a piece of bark, about fifteen or twenty yards from the hut, there was a gun shot wound in the belly, witness found three warrants in his coat pocket, he had known Rutledge about five or six years , had known the prisoner five or six years, he had been a watchman on Mr. Blaxland’s station.
Patrick Doyle : Knew the prisoner , apprehended him on the 25th last as a bushranger ; the magistrates ordered him to
be forwarded to Newcastle to be dealt with, witness saw him off with escort, on the 8th May, heard of the murder, and set out in pursuit on the 14th, and apprehended him on the 27th June, with the constable’s ammunition, pouch, and musket on him, he delivered him up to the Merton Bench , the belt and musket were produced in Court and identified.
This closed the case for the Crown.
The prisoner put in a written defence, which was read, and in which he stated that the constable was shot by him accidentally.
Robert Eden : Had known the prisoner for some years, did not know that he had anything amiss in his mind, had never observed that he was easily excited by drink.
Mr. Charles Boydell, one of the jurors : Knew the prisoner as a shepherd in the late Mr. John Blaxland’s employment ; he was much given to drinking, and Mr. Blaxland said when in liquor he appeared to lose his senses, which Mr. Blaxland attributed to some wounds which he had received in his head while a soldier.
His Honor then summed up, and the Jury without retiring from the box, returned a verdict of guilty.
His Honor then passed sentence of death upon the prisoner in a solemn and impressive manner, exhorting him to prepare for eternity, as there could be no hope of mercy shown towards him in this world.
Constable Slattery was shot to death at Bungendore during a prisoner escort from Queanbeyan to Goulburn. Four prisoners were being escorted at the time by Constable Slattery and Constable William Burton of Queanbeyan Police and had stopped for the night at Mr Dwyer’s public house at Bungendore.
The story of the sad incident was told in the Sydney Morning Herald of Saturday 14 January, 1843:
Murder of a Constable. “A prisoner of the name of Porter, with three others, on their way down from Queanbeyan to Goulburn, who were escorted by two constables, had arrived at Bungendore, on Thursday evening, and put up for the night at Mr Dwyer’s public house; the constables allowed them to have their irons off, and put them into a room to sleep, one constable was to watch and the other was to sleep: both however dozed off, and one of the prisoners seized the opportunity, got up, laid hold of the carbine belonging to him who was to have kept watch, and shot him through the breast; he died almost immediately. An inquest was held on Friday evening, and a verdict of wilful murder was returned, and the scoundrel was committed by the coroner to take his trial for the same. Corporal Hewitt, of the Mounted Police, whose services are well known, apprehended the prisoner on a charge of robbery, near Queanbeyan, and from which Bench he was committed to take his trial for the offence, was sent for, who conducted and lodged him safely in Goulburn Gaol, on Saturday evening. Too much praise cannot be given to Mr Dwyer for his valorous conduct: the moment he heard the shot he rushed in and secured the other firearms, and bailed up the whole of the prisoners before he knew of the tragic affair which had taken place.
At the time of his death the constable appears to have been stationed at Queanbeyan.
Chief Constable Patrick KINSELA
| 23/10/2012
Chief Constable Patrick KINSELA
Horse & Cart Accident
Queanbeyan, NSW
23 February, 1841
On 23 February, 1841 Chief Constable Kinsela and Constable John Scott were travelling in a cart returning to Queanbeyan. While they were crossing a dry creek bed near the Elmsall Inn the cart overturned, killing Constable Kinsela. Scott luckily survived the accident and was later able to give coronial evidence. It is not known whether this accident occurred while the constable was on duty or not, however it is believed that he was, and research is continuing into this aspect of the incident. In those days police were considered to be always on duty.
Rumours were apparently circulated at the time that both Kinsela and Scott were drunk when the accident occurred, however this was soon discredited. The Sydney Gazette of 11 March, 1841 printed information from a correspondent who informed the readers that he had seen a person who has just come from Limestone; he reports that the Chief Constable and another man were killed by the upsetting of a dray in a creek in that neighbourhood; it is said the parties were drunk, but this is contradicted, as Kinsela was a sober man. (In other words, Kinsela did not drink alcohol at all).
The Australasian Chronicle of 4 March, 1841 reported the following.
QUEANBEYAN, FEBRUARY 27- There was an inquest held here on the 24th instant, on the body of Mr. Patrick Kinsala [sic], chief constable, who came by his death by the upsetting of his cart in crossing a creek close to his own house. The night was very dark, and he was thrown with such force on his head that his neck was dislocated. Kinsala was a very active officer, a friend to the poor, and always ready to attend when called on. He had obtained a few enemies for himself by being zealous in the discharge of his duty. He has left a wife and two children to deplore his loss, the youngest only nine days old…
Patrick Kinsela was a native of Ireland and had arrived at Queanbeyan in 1836. On 1 January, 1838 he became the first Chief Constable of Queanbeyan and Limestone Plains (Canberra) on an annual salary of £75. His appointment as Chief Constable was published in the Colonial Secretary’s Notice dated 7 February, 1838 which also listed ordinary constable appointments to Queanbeyan as James Pegg, Lockup Keeper, and Peter Connel and James Crossley. Captain Alured Tasker Faunce was also appointed as the Police Magistrate to Queanbeyan about the same time. Kinsela married Joanna Wigmore (nee Mehegan) on 6 February, 1838 and the couple had two children James and Mary. The constable is thought to have been buried in the Oaks Burial Grounds at Queanbeyan.
At the time of his death the constable was stationed at Queanbeyan and had been a police officer for a little over three years.
Source: Beyond Courage
Peter PROSSER
| 23/10/2012
Peter PROSSER
AKA ?
Late of ?
New South Wales Police Force
Regd. # Not listed on NSW State Govt. Archives – Registers of Police
Service: From? ? ?to23 January 1839 = ? years Service
Awards: No find on It’s An Honour
Born: ? ? 1812 – 1813?
Died on: Wednesday 23 January 1839
Age: 26
Cause: Murdered – Clubbed to death with a Nulla Nulla ( Waddy ) * see below
Event location: Phillip St, Sydney
Event date: Monday 21 January 1839
Funeral date: Friday 25 January 1839
Funeral location: ?
Wake location: ?
Funeral Parlour: ?
Buried at: Devonshire St Cemetery, Sydney – January 1839.
In 1901 his remains were exhumed to make space for Central Railway Station and re-interred, with thousands of others and 2285 tombstones of the first settlers in Australia, at the new cemetery at La Perouse, named Bunnerong Cemetery.
In 1976, the Botany Cemetery Trust destroyed most of these historic monuments by creating a new, low maintenance lawn area. The remaining 746 headstones were reinstalled in concrete strips, unrelated to the graves below them. The new lawn was named Pioneer Memorial Park.
The words recorded as being on his original tombstone are “Peter, the son of Edward and Mary Ann PROSSER, who was struck by John PENDER; in the execution of his duty 25th January 1839 which caused his death in 48 hours. He was an Inspector in the Sydney police and an Active officer. also sisters Adeliza and Jane, passengers in the ship ‘Fairlie’.
Adeliza buried at the Cape in October ???? Jane aged 16 years. Adeliza aged 29 years. Peter aged 26 years”.
Memorial located at: ?
[alert_green] PETERIS mentioned on the Police Wall of Remembrance[/alert_green]
[divider_dotted]
FURTHER INFORMATION IS NEEDED ABOUT THIS PERSON, THEIR LIFE, THEIR CAREER AND THEIR DEATH.
On the afternoon of 21 January, 1839 a man named John Pender ( known to Sydney police as “Jack the Waterman“ ) was behaving in an indecent manner in Raynor’s Public House, Sydney. As a result of his behaviour he was arrested by Inspector Prosser who began to march him to the Sydney Police Watch-house.
En route they passed Pender‘s home in Phillip Street where a mob attacked the inspector and dragged his prisoner into the house. Prosser clung to his prisoner desperately however, until he received a blow from a club to the back of his neck, which resulted in his death a few days later in hospital. Pender was quickly apprehended and charged with murder, while five others were also charged in relation to the riot.
The Sydney Gazette and New South Wales Advertiser of 24 January, 1839 reported the incident in some detail.
BRUTAL MURDER.
On Monday afternoon a man named John Pender, well known about the town as the driver of a water-cart, and a bad character, went into the public-house of Mr. Rayner at the corner of Hunter and Phillip-streets and in the absence of the landlord was guilty of much indecent behaviour.
He was remonstrated with by the landlady, but this seemed to have the effect of urging him on to still farther excesses. He approached Mrs. R., who was behind the bar, when she took up a New Zealand waddy to defend herself; this the brute wrested from her, and after having struck her he left the house, flourishing the weapon over his head and making a great noise.
He was perceived at the time by Inspector Prosser, who was approaching alone. Prosser came up behind him unperceived and took the waddy from him, and desired him to accompany him to the watch-house.
Pender accompanied the Inspector a short distance, when, stopping suddenly, he turned round and struck Prosser a violent blow on the face with his fist, which knocked him down. While he was on the ground, the man stooped down and snatched the waddy from the hands of the Inspector, and as the latter was rising to his feet he struck him a tremendous blow with it on the back of his neck, and then ran into his own house which was close at hand.
“A mob of blackguards, as usual on such occasions, soon assembled on the spot, and although they witnessed this unprovoked outrage none among them were inclined to render the poor fellow any assistance, but rather endeavoured to screen the villain and hasten his escape. After a few moments Prosser was seen to get on his feet with difficulty and move on towards the watch-house, holding his hands to his head. He shortly afterwards met Sergeant Kilpatrick, and desired him to go and apprehend Pender who, he said, had murdered him.
Killpatrick hastened to the station-house for assistance, and procured that of the two keepers, the only persons present, and the three then returned to Phillip-street.
In the meantime, the wounded Inspector got to the watch-house, and was shortly afterwards found by Sergeant Partington lying across one of the benches, nearly dead; he called for assistance, and Mr. Driver, the publican, attended and with vinegar attempted to revive him.
Dr. Whittle, who was near the spot, was then sent for; he immediately attended and by copious bleeding restored animation, but Prosser continued in such a dangerous state that his immediate removal to the Hospital was recommended and performed.
The Police had in the interim secured Pender and five or six other persons who appeared to take a prominent part in the mob assembled in Phillip Street.”
The Sydney Morning Herald dated 25 January, 1839 printed the following brief account of the inquest into Inspector Prosser‘s death.
An inquest was held at the same place the same day, on the body of Peter Prosser, lately an Inspector of the Sydney Police. The evidence was very lengthy but the substance was very simple, viz, that Prosser had a man named Pender in custody, and that Pender in order to make his escape struck the deceased a blow on the head with a New Zealander’s waddy, which was so violent as to cause an extra vasation of blood on the brain, from the effects of which Prosser died. The Jury returned a verdict of willful murder against Pender, who was committed on the Coroner’s warrant.
At the time of his death the inspector was aged 26 and was attached to the Sydney Police.
Judging by newspaper accounts of the time, he was a courageous and energetic policeman who seemed to have worked tirelessly against violent offenders in the inner city of Sydney. He is not listed in the official New South Wales Police Honour Roll.
A ‘waddy’, it is believed, is similar to an Aboriginal nulla nulla. A waddy is a heavy club constructed of carved timber and could also be a walking stick. No doubt, the ‘green stone’ referred to, was attached to the end of the Nulla Nulla and held in place with tree resin.
It would appear that the Rank structure of this period ( 1835 ) was:
Patrolman –
Constable –
Conductor –
Inspector –
Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842), Saturday 9 August 1834, page 4
Government Gazette
WEDNESDAY, AUGUST 6.
HIS Excellency the GOVERNOR has been pleased to approve of the following Alterations in the Police of the Colony, namely
SYDNEY.
APPOINTMENTS
John Price, free, to be Conductor, from the 18th June.
To be Patrolman – James Woodward, free, from the 25th June; John Murray, free, from the 5th July ; Peter Prosser, free, from the 8th ultimo; John Gorman, free, from the 14th ultimo ; Edward Tierney, free, and John McCarthy, free, from the 15th ultimo ; Bryant Naughton, free, from the 16th ultimo ; Michael Armstrong, free, from the l7th ultimo, and James Cook, free, from the 18th ultimo.
Thomas McConnell, free, to be Constable at the North Shore, from the 16th June, and James Woodward, free, to be Constable of the Water Police, from the 5th July.
RESIGNATION
John William Smith, Constable, North Shore, on the 15th June.
DISMISSALS
Patrolmen – John Sullivan, on 24th June ; Patrick Muleady, on the 7th ultimo; James Drew and Patrick Dougharty, on the 13th ultimo ; David Leighton, on the 14th ultimo , George Stewart, on the 15th ultimo; and Patrick Curran, and John Sheehy, on the 17th July.
Water Police Constable — Alexander Lee, on the 4th July,
STRATHALLAN.
William Berry, free, to be Constable in the room of William Carroll, resigned.
MAITLAND.
Edward Gaynor, holding a Ticket-of-Leave, to be Constable, from the 14th ultimo, in the room of Daniel McFarlane, resigned.
PORT STEPHENS.
Michael Cotton, holding a ticket-of-Leave, to be Constable, in the room of John Jaggers, resigned.
New South Wales Government Gazette (Sydney, NSW : 1832 – 1900), Wednesday 21 January 1835 (No.151), page 45
Colonial Secretary’s Office,
Sydney, 20th January, 1835.
HIS Excellency the GOVERNOR has been pleased to approve of the following alterations in the Police of the Colony ; namely,—
SYDNEY.
To be Conductors.— Edward Rollins and Peter Prosser, raised from Patrolmen, from the 1st instant.
To be Patrolmen.— William Elkins, and to be Market Constable, from the 1st instant ; Mark Gilmore, Michael O’Neal, William Howarth, Thomas Barrett, James Carwell, and William Barnett, from the 1st instant ; James Matthews, Robert Lodge, John Hundley, and James Kennedy, from the 9th instant ; and John McCarthy, from the 13th instant.
Conductors Dismissed.— William Barnett, reduced to Patrolman.
Patrolmen Dismissed.— George Brereton, Market Constable ; Herbert Green, James Matthews, John Cummings, James Carwell, John Smith, Peter Butler, Peter Christie, and Peter Colgan.
New South Wales Government Gazette (Sydney, NSW : 1832 – 1900), Wednesday 29 April 1835 (No.165), page 257
Colonial Secretary’s Office,
Sydney, 28th April, 1835.
HIS Excellency the GOVERNOR has been
pleased to approve of the following alterations
in the Police of the Colony, namely :—
SYDNEY.— To be Wardsman : George Mitchell, from the 6th instant.
To be Conductors : Philip Boyce, from the 1st, John Moore, from the 7th, William Hanson, from Joe 14th, and John Matthews, from the 20th of April.
To be Patrolmen : Peter Prosser, James Shaw, Archibald Kelley, and Dennis Connelly, from the 1st instant ; Thomas Kinchela, from the 14th instant, ; John Thorn, John Pendar, James Jackson and William Troop, from the 16th instant ; John Price, and William Vernon, from the 17th, and Patrick Galvin, from the 20th of April.
Wardsman resigned : John Skinner.
Conductors Dismissed : Peter Prosser, Patrick Ogan, and John Price.
Patrolmen resigned : William Howarth, John Gorman, James Tobin.
Patrolmen dismissed : Robert Grindle, James Cone, John Carey, John Connor, James Wells, Patrick Fitzpatrick, and L. Walsh.
LIVERPOOL.— George Harvey, holding a Ticket-of-leave, to be Constable, from the 20th Instant, in the room of Denis McCarthy, resigned.
PENRITH.— John Baxter, free, to be Constable, from the 26th Ultimo, in the room of John Brown, dismissed.
BONG BONG.— John Coffee and Lawrence Larken, free, to be Constables— the former in the room of, James Harper, resigned, and the latter from the 20th Instant, in the room of William Austin, dismissed.
YASS.— James Donald, free, to be Constable, from the 20th of February last.
MERTON.— Jeremiah Burns, holding a Ticket-of-leave, to be Constable, from the 6th Ultimo, in the room of Thomas Boline, resigned.
PORT STEPHENS.— John McCarthy, free, to be Constable, in the room of Edward Frost, resigned.
HIS EXCELLENCY the Governor has been pleased to approve of the following alterations in the Police of the Colony, viz. :—
SYDNEY.
To be Wardsman.— William Abbott, from the 1st instant.
To be Conductors.— Matthew Thomkins and John Price, from the 1st instant ; James Shaw, from the 4th instant ; Peter Prosser, from the 12th instant.
To be Patrolmen.— Patrick Conner, William Moore, William Cox, John Kelly and Stephen Bunen, from the 1st instant ; Thomas Lynskey, from the 4th instant ; Timothy Foley and Andrew White, from the 8th instant ; James Pearson, Samuel Deacon, and Samuel Freebury, from the 12th instant.
Wardsman resigned.— William Small.
Conductor resigned.— Constantine Molloy.
Conductor Patrick Reid, reduced to Patrolman on 30th ultimo.
Wardsman dismissed.— William Abbott.
Patrolmen dismissed.— William Brown, William McCready, James McGruggan, William Noop, Patrick Petty, Thomas Phillips, John Hauley, Michael Armstrong.
LIVERPOOL.
Daniel McCarthy, holding a Ticket-of-leave, to be Constable, from the 18th instant, in the room of James Silvester, resigned.
PENRITH.
William Rossborough, holding a Ticket-of-leave, and Thomas Shuttleworth, also holding a Ticket-of leave, to be Constables, in the room of Ralph Hodgson and Henry Workman, dismissed— the former from the 10th and the latter form the 30th ultimo.
PATRICK’S PLAINS.
Constable John Brest, dismissed on the 20th instant.
Sydney Monitor and Commercial Advertiser (NSW : 1838 – 1841), Wednesday 13 February 1839, page 2
Before Mr. Justice Willis and a Civil Jury.
John Pendar, alias “‘ Jack the Waterman” was tried yesterday for the murder of Inspector Prosser.
The case occupied Mr Justice Willis and a civil Jury up to half-past nine o’clock, when the Jury returned a verdict of manslaughter.
Mr Windeyer was counsel for the defence, and raised three objections – which were,
that there was no proof of drunkenness to warrant the deceased in taking the prisoner into custody,
that the prisoner would have been justified in using force to any degree to expel the constable, who was in fact transgressing on his premises, and
lastly the learned gentleman relied upon a statute ; which he believed was in force, as far back as Henry the Eighth ( which had never been repealed ; rendering fatal any indictment not drawn up in intelligible English, and
contended that ” Waddy” was not an English word, and therefore fatal to the indictment.
These objections were reserved and the prisoner remanded for sentence.
Commercial Journal and Advertiser (Sydney, NSW : 1835 – 1840), Wednesday 20 February 1839, page 2
James Pendar alias Jack the Waterman, for the manslaughter of Inspector Prosser, was brought up for sentence yesterday, and ordered to be transported for the term of his natural life to Norfolk Island.
Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842), Thursday 21 February 1839, page 2
Supreme Court.
MONDAY, FEBRUARY 19, 1839.
(Before their Honors the Chief Justice and Mr. Justice Willis.)
On this day there being no cases ready for trial, the prisoners remanded during the Sessions were brought up for sentence.
John Pender was next placed at the bar. The prisoner had been tried for the wilful murder of Peter Prosser, a policeman, and had been found guilty of manslaughter.
Mr. Justice Willis, before whom the case was tried, said to the prisoner that the mercy of the Jury had saved his life in finding him guilty of manslaughter – the manslaughter was of a more aggravated nature than he had ever known or heard of.
The police must be protected in their duty, and should be protected.
His sentence was that he should be transported for life.
Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842), Saturday 26 January 1839, page 2
DOMESTIC INTELLIGENCE.
Coroner’s INQUEST. –
On Thursday morning at nine o’clock an Inquest was held upon the body of Prosser, the late Inspector of Police, who died in the General Hospital on the preceding day. The Jury assembled at the sign of the Bunch of Grapes ( King St ), whence they proceeded to the Hospital to view the body, and then returned to the Jury room, where the following evidence was taken :
John Pender, the man charged with the murder, being in custody.
Jane Rayner, of Phillip-street, being sworn stated, I knew the deceased Peter Prosser, and the prisoner before the Court ( John Pender ); I keep a public-house.
On Monday afternoon the prisoner came into my house very tipsey; he made use of very bad language to me, and I refused to serve him, telling him if he could not use better language to me he should leave the place; he then turned round and exposed his naked person to me twice ; I took up a jug of water and threw it over him, and desired him to be off about his business for an impudent blackguard ; that appeared to enrage him the more ; he turned towards me as if he would strike me; I took up a New Zealand waddy to defend myself as he was making to me ; he snatched it from me, and struck me a blow across the shoulder, and afterwards made several blows at me with the waddy, which I avoided ; I thought he would kill me, and I sent my little girl to the watch-house for a constable ; the prisoner then went into the street making a noise, and flourishing the waddy ; in the mean time Prosser came up, and seeing how badly the prisoner behaved, who was storming violently, and flourishing the waddy, he approached him, and I cautioned him of the weapon the prisoner held in his hand ;
Prosser came up behind the prisoner, and took the waddy out of his hand ; and collared him ; the prisoner forced himself into my house in the custody of the deceased, and said he would not go to the watch-house; I told the deceased of his bad behaviour, and said I would appear the next day against the prisoner;
the deceased then told him he must go to the watch-house ; the prisoner tried to get away by the back door, but the deceased stopped him ; at this time a mob of persons had come into the house ; with some difficulty the deceased induced the prisoner to go quietly with him ; they left the house together; I cannot say which of them had the waddy as I was so confused ; I did not leave the place to look outside to see which way they went, but I saw that they turned towards the watch-house ; they had to pass the prisoner’s house on their way there; the deceased had much difficulty with the prisoner in the house ; I cannot say whether the prisoner was struck ; the deceased had to scuffle with him to make him submit and go with him ; I am dull of hearing, and cannot say whether the prisoner made use of any threatening language to the deceased, but they struggled a good deal with each other ; I saw nothing after they left the house.
By the Prisoner. – I cannot say that I saw any blows struck ; there was much struggling; several people were in the house; Mr. Roberts‘ servant was there.
George Clark, free, was then sworn. I recollect seeing the deceased and prisoner in Mrs. Rayner‘s house on Monday last; I saw Mrs. Rayner point out and give charge of the prisoner to deceased ; Prosser came behind him, snatched the waddy out of his hand, and dragged the prisoner towards the watch-house; the prisoner struggled, and seized hold of a fence, on which the deceased pushed at him with the staff or waddy ; they both got back to Rayner‘s ; I looked in and saw a struggle ; the prisoner attempted to get out by the back door and the deceased either struck or knocked him down ; he was down ; they had some high words in the house, and the prisoner took the staff from Prosser, on which the latter attempted to get it again ; the prisoner refused to let him have it, and said he should not have it, but he would go to the watch-house ; they then went quietly that way, the prisoner holding the staff;
I stood at the corner to watch them ; as they passed the prisoner’s house the prisoner forced himself in ; they had a scuffle ; I went down to them, and saw that Prosser had got the staff from him, and was shaking the prisoner to get him to the watch-house; the prisoner refused, on which the deceased struck him a blow on the head ; the prisoner refused to go to the watch-house, and wanted to get into his own house; I cannot say what occurred immediately in the house ; in about a minute I saw Prosser staggering out holding his hands to his head ; I could not tell whether he said any thing, as there was such a noise at the time; a young man had the waddy in his hand, and said, ” that shall not be used again.”
No one else came out of the house but the deceased ; Prosser went towards the watch-house; he continued reeling as he walked along the street as far as four or five houses; I was not exactly opposite the prisoner‘s house, and could not see into it ; the young man before mentioned was in the yard of the prisoner about a minute after the deceased came but ; the deceased was then going out of the yard, and the prisoner was in his own house; I saw some blood coming down the head of the deceased, but I saw no mark upon his face ; I did not notice the young man who had the waddy until after Prosser came out of the house ; if he had come out of the house I must have seen him ; I walked out of the yard after the deceased into Phillip-street, as I thought he would fall, and I did not return ; Prosser was coming out of the prisoner‘s house when I arrived ; he had no hat on ; I heard no noise of blows when I came to the door ; I should know the person of the young man who had the waddy if I were to see him again; the prisoner and the deceased struggled very much for about seven or eight minutes before they went into the house ; they remained in about three or five minutes; I did not see Prosser fall, nor did I observe any marks of a fall upon his clothes; in about three minutes after I lost sight of Prosser while I was conversing with Mr. West opposite Pender‘s house ; I saw the prisoner standing opposite his fence going down the street, and two constables running round him to get in front of him ; the prisoner got over his fence, and was defending himself with the waddy, and the constables striking with their staves.
By the Prisoner.- I saw the deceased hit you several times; there were several marks upon you.
William Badcock examined- I recollect on Monday last, seeing the prisoner and the deceased in Phillip-street ; I saw the prisoner before he was in custody and afterwards ; I saw the struggle, and saw Prosser lay hold of the prisoner’s hair, and endeavour to knock his head against the door of Mr. Rayner‘s house; I also saw him endeavour to kick him, which the prisoner prevented by holding up his leg ; the prisoner got up and said he wished to speak to Prosser; they went quietly along Phillip-street, till another came up to the assistance of the deceased ; when opposite the prisoner‘s house a scuffle ensued ; I can’t say whether it was occasioned by the violence of the other constable or a desire of the prisoner to get into his house ; the other constable was evidently drunk, and struck the prisoner with his staff on the head ; the prisoner got to his own door, and Prosser sent the other constable away for assistance; the deceased had the waddy in his hand when he entered the house; I did not see the deceased strike prisoner any blows in the struggle that took place as they entered the house ; there was blood on the prisoner‘s face and shirt, which was produced by the blow of the drunken constable ; they entered the house and I followed them ; they were struggling on the bed, the deceased being uppermost ; Prosser was holding the prisoner‘s shirt collar with one hand, and thrusting his knuckles into his throat ; in my opinion with the intention of strangling him, and with the other arm trying to hold the waddy from the prisoner; in the struggle the prisoner succeeded in getting the waddy out of Prosser‘s hand, and the deceased held his hand upon the arm of the prisoner that had the waddy in it ; it was then the prisoner struck the deceased with the flat part of the waddy upon the top of his head ; he did not fall from the blow, but he put his hand to his head and cried “oh,” and walked out of the house and down Phillip-street as far as I then could see him ; he went away without his hat; I did not see the deceased strike the prisoner with the waddy ; I do not believe he struck him at all ; the prisoner was very drunk ; after the drunken constable had been despatched for assistance, the prisoner continued his resistance and violence to Mr. Prosser; I did not consider he intended to injure Mr. Prosser ; he was very lenient to him, and it was only on the deceased taking him by the throat, as I thought to strangle him, that he struck him ; I did not hear the sound of the blow, but it evidently stunned him ; I was so interested in the proceeding that I noticed only the actions of the parties; there was no other person in the house ; after the deceased left the house the prisoner pulled off his shoes and stockings, brandished the waddy, and was more violent than ever ; he only struck one blow ; he appeared stupidly as well as furiously drunk ; when in liquor he appeared almost mad ; I did not hear Prosser say anything to the prisoner in the house, he attempted to conquer him by force.
( Constable Bradley being produced, was identified by him as having struck the prisoner on the head. )
Sergeant ( William ) Kilpatrick of the Police was next examined.- He stated, on Monday last I was in the station-house when Bradley came in, between one and two o’clock, and said that a number of persons had assembled in Phillip street, and that Mr. Prosser was beaten and wanted assistance; I went there immediately with Bradley ; I met the deceased about fifteen or twenty yards from the prisoner‘s house ;
he held both his hands to his head and had his handkerchief to the left side of his face, where a scar appeared ; he turned round and pointed to the prisoner, who was in view with blood upon his shirt, and said, ” there’s the man, Kilpatrick, that struck me, take him into custody ;” he then walked on towards the watch-house ; I went in pursuit of the prisoner, who had a waddy in his hand and put himself in a posture to attack me; I secured him in his own house ; Bradley was with me, he struck the prisoner in my presence; he was perfectly sober.
( The witness here observed that almost immediately afterwards Bradley came to him in the watch-house and said that he heard that a charge of drunkenness had been preferred against him, and he wished him to smell his breath to see if he could distinguish any smell of liquor, he did so but could discover none. )
Bradley struck the prisoner so did I ; I made several blows at his hand with my staff to make him drop the waddy ; Bradley was not violent but cool and deliberate ; the prisoner did not say anything respecting Prosser; he was intoxicated and very violent; he made one determined blow at me with the waddy which I caught on my staff, the dent occasioned by it still remains ; I afterwards saw Prosser in the station-house, he seemed feeble and almost dead. ( The prisoner put a few unimportant questions that did not affect the evidence. )
One of the Jurymen, Mr. Driver, here stepped forward and observed to the Coroner that he saw Constable Bradley about ten minutes after the transaction, and he was then perfectly sober.
Dr. Robertson certified that the deceased was received into the Hospital about ten o’clock on Monday evening in a state of insensibility. There was a small scar of recent formation on his left cheek. On a post mortem examination of the body, he found on opening the skull a large quantity of extravasated blood on the back part of the brain, and the whole of the back part of the brain appeared to have been in a violent state of inflammation, sufficient to produce death. The effects, he was of opinion, were such as would have been produced by the blow of a flat, heavy instrument applied violently, such as a waddy. The extravasation and inflammation consequent thereon produced death.
Dr. Whittel corroborated the evidence of the other Doctor, as to the appearances on the post mortem examination. He in addition, stated that he had been called to attend the deceased shortly after he received the blow ; he bled him and recommended his removal to the Hospital.
The Coroner had commenced summing up the evidence, when it was intimated that a young man was present who was there at the time the blow was given.
He was called in and examined. He stated that his name was Manuel Josephson, and that he arrived at Pender‘s house when the deceased held the prisoner against the wall of the house. On their entering the house he could not tell which carried the waddy, but when they were inside ( the witness having followed them ) he saw the waddy lying on a chest beside the bed. As soon as Prosser observed it there he took it up to secure it, on which the prisoner snatched at it ; they struggled and the deceased got Pender down on the bed, but the prisoner succeeded in getting possession of the instrument with which he struck the deceased on his naked head.
Prosser arose from the bed after receiving the blow, and, uttering a cry, he staggered out of the house ; and shortly afterwards Pender was apprehended. He added, that in his opinion the deceased used no unnecessary violence in securing the prisoner.
The Coroner having summed up the evidence and explained the distinctions between manslaughter and murder, pointed out the fact of the prisoner being in the commission of an unlawful act, was given into the custody of a peace-officer, whose attempts to take him to the watch-house he resisted with a deadly instrument.
The jury, after a short consultation, returned a verdict of wilful murder against John Pender, who was forthwith committed on the Coroner’s warrant.
The prisoner is a man of low stature but of great apparent strength of body and very muscular, whereas the deceased was a man of very delicate habits of body.
Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842), Saturday 1 August 1835, page 4
By His Excellency’s Command,
ALEXANDER McLEAY.
Colonial Secretary’s Office, Sydney,
28th July 1835.
HIS Excellency the Governor has been pleased to approve of the following alterations in the Police of the Colony, vis –
SYDNEY.
To be Wardsman – William Abbott, from the 1st instant.
To be Conductors – Matthew Thompkins and John Price, from the 1st instant ; James Shaw, from the 4th instant ; Peter Prosser, from the 12th instant.
To be Patrolmen – Patrick Connor, William Moore, William Cox, John Kelly, and Stephen Bunen from the 1st instant ; Thomas Lynskey, from the 4th instant ; Timothy Foley and Andrew White,
from the 8th instant ; James Pearson, Samuel Deacon, and Samuel Freebury, from the 12th instant.
Wardsman resigned – William Small.
Conductor resigned – Constantine Molloy
ConductorPatrick Reid, reduced to Patrolman on the 30th ultimo.
Wardsman dismissed – William Abbott.
Conductor dismissed – Henry Ball.
Patrolmen dismissed – William Brown. William McCready, James McGruggIn, William Noop,Patrick Petty, Thomas Phillips, John Hanley, Michael Armstrong.
LIVERPOOL.
Daniel McCarthy, holding a Ticket-of-Leave, to be Constable, from the 18th instant, in the room of James Silvester, resigned.
PENRITH.
William Rossborough, holding a Ticket-of-Leave, and Thomas Shuttleworth, also holding a Ticket of Leave, to be Constables, in the room of Ralph Hodgson and Henry Workman, dismissed-the former from the 10th and the latter from the 30th ultimo.
PATRICK’S PLAINS.
Constable John Brest, dismissed on the 30th instant.
Sydney Monitor and Commercial Advertiser (NSW : 1838 – 1841), Friday 26 April 1839, page 2
Perjury
Joseph Cutts , a free man, in the service of Mr. Thompson of Phillip-street, was charged by Constable Callaghan with assaulting him in the execution of his duty.
Callaghan deposed, that as he was passing a dray standing in Phillip-street, about half past seven on Monday evening, a dog under the dray ( chained ) flew at him.
He struck it in return. The prisoner said, he might as well strike him as strike his dog, and he would serve him as Prosser had been served by Jack the Waterman, and immediately struck him, the witness.
The drayman had a child in his arms, which he gave to a woman to hold, while he struck witness. He then made into his master’s house, and witness followed him, and struck him with his staff. He also sprang his rattle.
The prisoner denied having struck the constable, and called witnesses. —
Mary Mahany, a soldier’s widow, residing opposite the master of the prisoner, in Phillip street, deposed, that a person left a loaded team standing opposite her door, with a dog on the chain to guard it, while he went over the way to get tea, and she promised to mind it.
The constable came up drunk, the dog barked, and the constable began to irritate it with his staff, and said, if he had it off the chain, he would knock its brains out.
Witness told him, he had better let the dog alone, and go about his business. He called her a dirty w—–.
The prisoner, who was by with his child in his arms, said, he ought to be ashamed to make use of such language to the mother of children. He immediately ran over and knocked prisoner down twice with his child in his arms, and began springing his rattle and making a disturbance.
John Thomas, a dealer, deposed, that the constable was drunk, and corroborated the evidence of the last witness, as far as it went.
The constable also spit in witness’s face, and would have taken witness to the watch house, had he, witness, not got out of the way. ( When the last witness went into the box, he asked the constable if he had any recollection of him? He denied ever having seen his face before. I thought so, said the witness, you were too drunk. )
Case dismissed.
The constable was ordered to be reported.
Such is the case, as handed to us by our reporter.
We are surprised that men of such tact as Messrs. Windeyer and Innes, did not either order the witness into the box for gross perjury, or the constable; for grosser and more malicious impudent lies, were never told in a court of justice, than what must have been told by one or more of these opposing witnesses.
If Magistrates and Judges will not take the trouble to prosecute for perjury so glaring and open, as that which has evidently been committed by one or other of the witnesses in this case, the land will never be purged of this abominable and daily committed crime.
JOHN PENDER was an ardent collector of curios. In his rough, ignorant fashion, he expressed his love of the beautiful by picking up, from all the seaports of the world, things that were odd and rare, and fetching them to his bachelor home on the Strawberry Hills in Sydney.
Of the hardy sea-faring men of the ‘thirties he was one of the most adventurous. Wanderlust had taken him back and forth over the seven seas, to strange ports and strange lands. His little cottage was a veritable museum of curiosities, a centre of attraction for half the population of Sydney when the owner was ashore after one of his exciting voyages.
Pender, as is not uncommon with men of his calibre and peculiar mental composition, was loquacious concerning his exploits, and insistently eager to confirm the impression that he was more than an ordinary being.
Towards the end of 1838, Pender landed in Sydney after an adventurous trip to New Zealand, bringing back with him a large collection of Maori weapons, including a huge club with a greenstone head, taken by him in single-handed fight with a tattoed chief of the savages.
This curiously carved weapon was regarded by the sailor as the gem of his collection. He never tired relating the story of the fight that made it his, and day by day, he grew more boastful about its alleged intrinsic value.
Throughout the Christmas festivities, he paraded the street with the club over his shoulder, chanting war songs in outlandish tongue, and generally making a nuisance of himself to the more peaceably inclined citizens.
Inspector Peter Prosser, of the Sydney Police Force, did not look with any favor on Pender and his boisterous ways. On several occasions he reprimanded the sailor sternly for his obstreperous behaviour, once or twice driving him off the streets when his boasting and warlike antics with the greenstone club terrified passers by.
Pender was more disturbed than he showed by this unceremonious treatment at the hands of a high officer of the law. Having come to believe that his prowess gave him the right to swagger and riot through the streets of any sea-port town, he bitterly resented that his inclinations should be frustrated In the place where he had made his home, and on Monday, January 21, he was very much in evidence, parading the streets with the club in his hand and a Maori rug tied about his shoulders, loudly proclaiming that he was afraid of no man.
His eccentric behaviour did not seriously impede Sydney’s general affairs during the forenoon, and Inspector Prosser not being about, he progressed from inn to inn accumulating large quantities of spirits. During early afternoon he wandered into the bar of Mrs. Jane Rayner’s Inn in King Street, and, thumping the counter with his club, called for drinks for those assembled. The loungers about the place were only too willing to partake of his hospitality, but as the audience was too insignificant for the sailor, he visited the various parlors and tap-rooms and extended his invitation to the occupants. In this way he gathered another eight men into the bar, but at one parlor his peremptory invitation to drink was as peremptorily refused.
Three squatters from the interior, discussing a matter of important business, so resented his intrusion on their privacy that they threatened stern measures if he did not take himself off.
Pender was not far enough gone in drink to be thoroughly quarrelsome, but nevertheless he expressed his opinion of the squatters with such disgusting profanity that they rose to their feet. One of them rushed the sailor, and, taking him by the shoulders, thrust him down a passage into the street. Then he returned and, calling on his friends, left the house; Before going, however, he informed the landlady that neither he nor any of his associates would patronise the tavern again.
Loss of Profits
Mrs. Rayner was considerably put out at losing such profitable customers, and upbraided Pender in vigorous terms when he re-entered the bar a minute later. The seafarer, now furious and irresponsible, threatened to smash up the bar if anything more were said. The landlady was just as brave and determined as the sailor.
Seizing the war-club, which was lying on the counter, she brought it down with a heavy thwack on Pender‘s shoulders and threatened to crack his skull if he did not leave the premises. From her fortress behind the bar, the landlady whirled the stoneheaded weapon, striking at Pender whenever he attempted to seize it.
The half-crazed man was shouting loudly, and using dreadful language as he rushed about the room, creating such an uproar that a crowd quickly gathered in the street. When the disturbance was at its height, Inspector Prosser entered the bar. Taking in the situation at a glance, he rushed at the sailor, grasped him about the middle, and hurled him through the door. While Pender was attempting to rise, the inspector rushed him again and tried to handcuff him. Both men were of like build, and both in perfect physical condition. The sailor, despite the quantity of drink he had absorbed during the morning, was not greatly affected by his libations, and began to fight for his liberty. For half an hour the pair struggled and fought in the Street, none of the crowd offering to interfere.
Prosser, a skilful boxer, plied his fists vigorously, battering his antagonist’s face until it was a mask of blood, Pender, employing tactics of the sea-front, used his feet and hands impartially, but with scant success.
At length Prosser, planting a blow on Pender‘s jaw, felled him insensible to the ground.
When the sailor recovered he was manacled and helpless.
Signifying his intention to proceed quietly to the watch-house, he was permitted to rise, and, held by Prosser, moved down the street. Over his shoulder the inspector carried the war-club. As they were walking along, the sailor informed his captor that he would like to visit his home before going to prison, there being two cats and several birds in the house he desired to liberate.
Prosser, yielding to persuasion, diverted his progress towards Strawberry Hills, and a quarter of an hour later entered the sailor’s cottage with his prisoner. At the door the inspector was seen to unlock the handcuffs on the sailor’s wrists, a proceeding that many of those among the crowd that followed considered a dangerous proceeding.
No warning of this was shouted to the police officer, but when a few moments later he came reeling out through the door to collapse on the ground, those present realised that something tragic had occurred. In the Inspector‘s head was a ghastly wound, clearly caused by a blow from the war-club.
Two men, George Clark and Richard Roberts -rushed into the house. On the floor of the front room they found the blood-stained club. Pender they beheld escaping through the gate at the rear.
Sergt. W. Kilpatrick and Constable Boadley were soon in pursuit of the murderer. Through the streets they chased him, Pender running at a tangent, and screaming insanely of men he had killed in other parts of the world. People dashed from his path and took shelter in the houses. Doors were slammed in his face, but none attempted to lay hold of him. The police took him at last near the Hyde Park Barracks. He had turned at bay, producing a long sailor’s knife, with which he menaced his pursuers. The constables, however, furious at the death of their superior, braved the maddened seafarer, and overwhelmed him with their truncheons.
They battered him into unconsciousness and then, securing a wheelbarrow, trundled him to the Watch-house where he regained his senses.
At his trial some months later, Pender was the most unconcerned man in the court. He sat in the dock eating pears from a bag and spitting out the skin at the constables.
He refused to plead, or give any explanation of the tragic happening in the cottage, a course which decided his fate.
The Judge had nothing else to do but to order his execution.
The green-stone war-club was given to Mrs. Jane Rayner by a formal order of the court, for what reason was not apparent, and her descendants may have it to this day. .
