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.
[divider_dotted]
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
[divider_dotted]
Location of ( Wiagdon ) Wyagdon:
[divider]
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.
Charles Fox was Chief Constable of Muswellbrook when he took his own life on Monday 25 August, 1856. The following paragraph appeared in the Sydney Morning Herald of 29 August, 1856.
On Monday, the 25th, an enquiry was held at the courthouse, Muswellbrook, before the coroner, Mr J.B.West, and a jury of twelve, touching on the death of Mr Charles Fox, chief constable, who, on the same morning, had committed suicide, by shooting himself with a pistol. It appeared on evidence that the deceased was latterly under medical treatment for general debility and depression of the mental faculties and had been for some time past labouring under hypochondria. It seemed on a view of the body, which presented a shocking spectacle that he had placed the muzzle of the weapon in his mouth, which dreadfully shattered… A finding of ‘Destroyed himself while labouring under temporary insanity’ was accordingly made. The deceased was much respected as a steady inoffensive man, and has left a widow and one son.
At the time of his death the chief constable was stationed at Muswellbrook.
Chief Constable George WOOD
| 23/10/2012
Chief Constable George WOOD
New South Wales Police
Illness/Exposure
East Maitland
6 January, 1855
The death of the chief constable followed a boating incident during a search for a body, and was described by the Maitland Mercury and Hunter River General Advertiser of10 January 1855.
DEATH OF MR. GEORGE WOOD – Many of our distant readers will learn with great regret that the well-known chief constable of Maitland, Mr. George Wood, is dead. Few officers holding such a position have more deservedly merited the universal sorrow his death has caused in Maitland. Uniting cool and determined courage with the greatest gentleness, vigour and promptness with the kindest forbearance, Mr. Wood was in the highest sense of the word a peace officer, and to his exertions and example it has been greatly owing that this district has been so quiet and well-ordered for many years past. His long and well-tried services may be said to have been fitly closed by a death resulting in part from the performance of duty. After a recent fatal accident by drowning, Mr. Wood was as usual one of the most persevering in his efforts to find the body; and while so engaged the boat he was in was upset, he got entangled among the lines and ropes in use, and being unable to swim, he was quite exhausted before he could be got out of the water. For two or three years past his frame had shown signs of increased suffering under the effect of old wounds and injuries, and the shock he now received threw him on a sick bed, and brought on an attack of old disease, from which he appeared likely at first to recover, but a relapse occurring, he died on Saturday morning last. His funeral on Sunday was attended by a great number of persons, twenty carriages, above fifty gigs, a hundred and fifty horsemen, and many persons on foot, following his remains to the grave.
At the time of his death the constable was aged 52 years and was chief constable at Maitland Police Station. He left a wife and seven children.
Nick WilesI’m putting together the map of police graves and I’ve come across the Grave of Chief Constable Woods. It looks that the current state of this grave is deplorable. The grave is in the East Maitland Anglican Cemetery (aka Glebe Burial Ground) off George Street in East Maitland. It’s such a shame that a man who was held in such esteem he had “twenty carriages, above fifty gigs, a hundred and fifty horsemen, and many persons on foot” at his funeral and his grave is no longer remembered or tendered to.
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 16 November 1852 to 4 May 1853 = 6 months
Awards:
Born: ? ? 1819
Died on: 4 May 1853
Cause: Illness – severe cold – Exposure
Age: 33
Funeral date:
Funeral location:
Grave location: Constable TWISS was interred at the Camperdown Cemetery but his grave is unmarked and location unknown.
[alert_red]ALEXANDER is NOT mentioned on the Police Wall of Remembrance[/alert_red] * BUT SHOULD BE
Constable Alexander Twiss served in the Sydney Police Force from 16 November 1852 until his death on 4 May 1853. His cause of death is recorded as having been ” from the effects of a severe cold caught when on escort duty at night “ .No further details are known as yet.
The constable joined the police force on 16 November, 1852. At the time of his death he was 34 years old and was attached to the Sydney Police. He left a widow named Sarah.
[divider_dotted]
John WATSON
| 23/10/2012
John WATSON
New South Wales Police Force
Regd. # ????
Rank: Constable
Stations: ?, City Police ( Sydney )
Service: From? ? ?to 25 October 1852 = ? years of Service
Awards: ?
Born: ? ? ? about 1827, Downpatrick, Co. Down, Ireland.
Event date: Saturday 14 February 1852
Event location: outside of the Horse and Jockey Hotel, Hunter St, O’Connell St, Sydney @ 9pm
Event type: Assault – kicking
Died on: Monday 25 October 1852
Place of death: ?
Cause: Illness – Tuberculosis
Age: 26
Funeral date: Wednesday 27 October 1852
Funeral location: ?
Buried at: St John’s Anglican Cemetery, Menangle Rd, Camden
Grave location: very end of Row E, Plot 107
Memorial at:
Inscription: In Memory Of John WATSON who died 25th Oct 1852. Aged 26. At Rest ??????
JOHN is NOT mentioned on the Police Wall of Remembrance
* BUT should be
Sergeant John Watson was born c1827, Downpatrick, Co. Down, Ireland.
He, along with his wife Susan Watson (nee Gillespie) 1830-1912, arrived in Sydney 15/10/1851 aboard the “Earl Grey”. During the voyage his wife gave birth to a son John Watson, 1851-1918. Sergeant Watson died 1 year and 10 days after arriving in Sydney.
He is buried in the St. Johns Anglican Church cemetery, Camden, NSW.
Buried at the very end of Row E, plot 107.
♥ Kevin Bannister 041120
Sergeant Watson is thought to have died on 25 October, 1852 as a result of the onset of tuberculosis following an assault by a prisoner he was escorting to a police station.
He was buried at Camden on 27 October, 1852 at which time his residence was recorded as Sydney.
Few details are yet known of the incident, however the Sydney Morning Herald of 24 May, 1860 when reporting on the death of Inspector Alexander McGee, included the following clue.
We are happy to say that we have been informed by the superintendent of Police that a pension to the widow [of McGee] 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 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 sergeant was aged 26 years when he died and was apparently stationed in the Sydney Metropolitan Area.
SYDNEY POLICE COURT. – Saturday ( Before the Police Magistrate, and J. McLerie, Esq., J.P. )
ASSAULTING A CONSTABLE.- A well-dressed young man, named William Byrnes, was charged with assaulting Constable Watson, in O’Connell street, at nine o’clock on Saturday night ( 14 February 1852 ).
It appeared from the evidence that some man, whose name is unknown, assaulted the defendant, and knocked him down. The constable interfered for the defendant, and apprehended his assailant, in return for which the defendant struck the constable several blows, and also kicked him in the stomach.
The defendant did not deny the assault, for which he expressed his contrition. The bench sentenced the defendant to pay a fine of 2/., and 2s. 6d. costs, in default to be imprisoned during fourteen days.
Bell’s Life in Sydney and Sporting Reviewer (NSW : 1845 – 1860), Saturday 21 February 1852, page 3
THE POLICE REGISTER.
The Height of Ingratitude. – Police constable Watson answered in the most lively and sonorous manner to his name when called upon to give evidence against William Byrnes, a stiff built nautical, for having inflicted divers kicks upon witness whilst engaged in affording him the protection of the law.
At the late hours on Saturday night Watson was doing his duty in O’Connell-street, when he saw the defendant levelled to the earth by a human fist.
Witness took the offender into custody; whereupon up rose Byrnes, and most ungraciously pitched into his Indigo friend, from whose grasp he rescued his antagonist. ” I am naturally mild,” cried Watson, ” but human flesh and blood cannot stand this. Come to the watchhouse.” ” Not I.” replied Byrnes, ” take me if you can.”
Watson sounded his whistle shrilly, but the Royal Civils did not start up around as did the clansmen – of Roderick Dhu – Watson was left alone with a very pretty little piece of work cut out for him. However, he tightened his belt, and went at Byrnes like a hero, and after a struggle of half an hour placed him carefully under lock and key.
The defendant had nothing to offer in explanation of his conduct but the police office cuckoo note – I was uncommon drunk – knew nothing of it – dare say he’s right – a man don’t like to be pulled and hauled about – did my best to prevent it, no doubt.
This plea was held insufficient by the P.M., who fined him in forty shillings and costs for base Ingratitude to his protector.
The Empire ( Sydney, NSW ) Wednesday 5 May 1852 p 3
PUBLICANS’ ANNUAL LICENSING MEETING,
The Court of Petty Sessions for considering applications for Publicans’ Licenses, adjourned from the 30th of last month, resumed its sittings yesterday.
The Right Worshipful the Mayor presided, and was assisted by the following Justices. The Police Magistrate, the Superintendent of Police, Messrs. Allen, Hill, Chambers, Moriarty, Mitchell, Brenan, Grant, and Brown.
George Snell Clark, applied for license for the Horse and Jockey, in Hunter-street. Mr. Cory appeared for the applicant, who was opposed by Inspector Holmes, for having, on the 14th of February, refused to assist a constable in the City Police, named John Watson, who had a prisoner in custody at the time, and which prisoner was rescued from his custody by a person who assaulted constable Watson, and inflicted severe injuries upon him. The objection further alleged that when a pair of handcuffs were handed to Mr. Clark to assist in securing the prisoner, he threw the handcuffs down on the ground.
Constable Watson related the facts of the case, and said that he had been unwell ever since the night the assault was committed upon him. In reply to a question put to him by Mr. Cory, Watson admitted that Mr. Clark had picked up his truncheon for him, Mr. McLerie stated that no complaint was made against the manner in which the applicant had hitherto conducted his licensed house, and he would therefore consent to withdraw, the objection, which had been raised to let publicans plainly understand that they were bound when called on in similar cases to render aid to the Police. The objection was then withdrawn, and the license granted.
NSWBDM = John WATSON. Death registration # 1131/1852 V1852113138B age 26
Camden General Cemetery is located on the corner of Cawdor and Burragorang Rds, Camden & was established in the late 1800’s.
The above information may have been contaminated with some of the below dates.
Further investigation needed. ( Cal 27 Oct 2016)
Danny WEBSTER has a person by the same name recorded as thus ( 2016 )
Sergeant John WATSON
St James Police Station
Assault Injuries – 25 October, 1852
Resting Place – St John’s Anglican Cemetery, Camden
Sergeant Watson is thought to have died on 25 October, 1852 as a result of the onset of tuberculosis following an assault by a prisoner he had removed from a hotel in Sydney.
On or about the 21 January, 1852 Sergeant Watson and Constables Clifford and Clarke attended the Lemon Tree Hotel and were asked by the proprietor to remove a man from the premises after he had refused to leave until he was served another drink.
The police were forced to drag the man from the premises and a hostile crowd soon formed outside to witness the ensuing brawl.
The Empire of 25 January, 1852 reported on the incident.
ASSAULTING THE POLICE
Robert Thompson appeared to answer the charge preferred against him by Sergeant Watson, for assaulting him in the execution of his duty, in Phillip-street, between the hours of nine and ten o’clock, on Wednesday evening. The defendant bore evident marks of ill-usage, his eyes being severely bruised.
Mr. Cory appeared for the prosecution, Mr. G. Wright, as amicus curia attended on behalf of the defendant.
It appeared from the evidence of Watson and two other constables that the son of Mr. Tuohy, a publican in Phillip-street, called at the St. James’ station-house, requesting the police to eject the defendant from his father’s house, as he was conducting himself in a disorderly manner.
Sergeant Watson went with two constables to Mr. Tuohy’s house, and defendant was ordered to quit, which he refused to do.
The policemen then ejected defendant from the house, and ordered him to go home. He refused, and caught hold of Watson by the legs, and endeavoured to throw him down.
The two constables released the sergeant from the defendant’s grasp, and he then kicked the sergeant in the breast.
The sergeant then said, “Take him to the watch-house.” The defendant was in liquor, and his conduct was very violent while being conveyed to the watch-house.
Several witnesses were called for the defendant, who testified that the policemen ill-used the defendant after the arrest, and that they beat him while conveying him to the watch-house.
The defendant was fined one shilling, and half-a-crown costs, which he immediately paid.
The offender later took civil action against the three police officers, who were defended in court by a Mr Nichols, who said in their defence, “The constables were human beings, and situated as they were, with a mob of upwards of one hundred people surrounding them, and calling out to them to let the man go, must naturally have been excited…
One witness had sworn that a constable waved his stick, and threatened a person in the crowd, but he would call a witness to prove that that constable had no stick with him…
The now complainant had been charged with assaulting a constable, one of the now defendants, and has been convicted and fined…
In conclusion, I would remark that the defendants were duty bound to apprehend the complainant, and they used no more violence than was necessary to take him.”
The hotel proprietor, a Mr Tuohy gave the following evidence during the hearing.
I am a publican residing in Phillip-street. On the night of the late Mayoral election the complainant was in my house between the hours of eight and nine o’clock.
I saw the constables, the three defendants, at my house.
My son went for them, in consequence of Mr. Thompson using threatening language, and saying that he could beat me, and my whole family.
Sergeant Watson told the complainant to go home with his wife. Complainant asked the sergeant if he knew his duty, and told him that his duty was outside instead of inside. I desired the constables to put complainant out of the house, as I was in dread of him. They again requested him to go home, which he refused to do. I was afraid he would do me some injury, because I had refused to draw more liquor for him, and again told the constables to turn him out. They took hold of him quietly, and he rushed against them, and tried to shut the door. They forced him outside, and then twice told him to go home. He replied, that he would remain there as long he liked. When down, he took the sergeant by the legs and the constables tried to loosen his hold. The sergeant caught hold of one of the verandah posts, to save himself from falling.
Thompson’s conduct was violent. I saw him kick when down outside my door. I could not say who he kicked at. I do not think the constables used more violence than necessary during the time I saw them.”
The matter was dismissed by the magistrate.
The sergeant was aged 26 years when he died and was stationed at the St James Police Station.
He was buried at Camden on 27 October, 1852 at which time his residence was recorded as Sydney.
He is not listed in the official New South Wales Police Honour Roll.
Stephen KIRK & Luke DUNN
| 23/10/2012
Corporal Stephen KIRK
&
Trooper Luke DUNN
Burnt to Death
Heathcote
12 & 21 November, 1845
On 12 November, 1845 the two mounted troopers were riding along the new Wollongong Road through Bottle Forest (now Heathcote). Bush fires were raging in the area and the two troopers were advised by a local landowner, Mr Nicholson, not to go on due to the danger the fires presented. Ignoring that advice both troopers and an Illawarra publican, Mr McAulay, set out toward the fires. The Sydney Morning Herald of 21 November, 1845 described the events which followed.
About an hour after their departure Mr McAulay’s horse came up to the door of Mr Nicholson’s house; McAulay’s hat was off, he was not holding the reins, and he was much burnt and confused, so that he was only able to request to be lifted off his horse; he said that one of the policemen was burnt. Mr Nicholas most promptly and considerately despatched five or six men to search for, and, if possible, to aid the policemen. After going about three miles they met Luke Dunn crawling along, dreadfully burnt, on his hands and knees, and scarcely able to move,. They men carried him back to the house, while others went on to the place where Dunn said he had left the remains of Kirk, burnt and quite dead. His hands were extended upwards as if in the act of praying; both horses were dead. Dunn said that seeing his comrade’s firearms go off, he returned to go after him, and in doing so got so much burnt, otherwise his injuries would have been comparatively trifling.
Stephen Kirk was burned to death in the fire, while the gallant and courageous Luke Dunn who, in the greatest of Australian traditions “went back for his mate”, lingered for nine days before he finally succumbed, no doubt in extreme agony. The scene of the incident was present-day Heathcote.
(At the time of this tragedy there were almost a hundred men in the Sydney Police Force and about 32 mounted police stations across New South Wales. The two police killed in this incident were members of the Military Mounted Police, which had been formed in 1825. It was disbanded in 1850 when it was replaced by a civil mounted police unit. This in turn was destined to be absorbed into the new state police force which was created on 1 March, 1862 by Captain John McLerie.)
At the times of their deaths both troopers were seconded soldiers attached to the Mounted Police Force and were stationed at Campbelltown. Stephen Kirk was aged 32 years and Luke Dunn was aged 33 years.
John RUTLEDGE
| 23/10/2012
John RUTLEDGE
New South Wales Police Force
Rank: Constable
Stations: Cassilis
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.
[divider_dotted]
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.
