Service: From 5 May 1862 to 16 November 1864 = 2+ years Service
Awards: ?
Born: ? ? 1832
Died on: Wednesday 16 November 1864
Cause: Shot – Murdered
Event location: Jugiong
Age: 32
Funeral date: Saturday 19 November 1864
Funeral location:
Buried at: Gundagai Cemetery
( GPS: Lat: -35.051389
Long: 148.111944 )
Memorial location: Old Hume Highway (Riverside Drive) , Jugiong Memorial Park, Jugiong, 2726
( GPS: Lat: -34.823664
Long: 148.326496 )
Located on the north bound lane of the Hume Hwy near Jugiong.
EDMUND IS mentioned on the Police Wall of Remembrance
On 16 November, 1864Sergeant Parry ( Gundagai ), Sub Inspector O’Neill ( Gundagai ) and Constable Roche ( Yass Police ) formed the mounted police escort for the Gundagai mail coach on its journey to Yass. Roche was seated beside the coach driver, Gundagai Police Magistrate Mr Rose was inside the coach and Parry and O’Neill followed on horseback. Shortly before 3pm as the coach approached the township of Jugiong, the escort was attacked by bushrangers Hall, Dunn and Gilbert. Sub Inspector O’Neill closed with Dunn and Hall and when he had emptied his rifle he hurled the weapon at Hall, striking him on the head. He then drew his revolver and fired at Dunn. Meanwhile, Parry and Gilbert fired on each other, with the bushranger calling on the sergeant to surrender. Parry continued to fight until he was fatally shot in the head.
The Australian News for Home Readers dated ( Monday ) 19 December, 1864 carried the results of an inquest into the sergeant’s violent death, informing its readers that “An inquest was held before Mr Rose, at Jugiong, on the body of the brave sergeant of police, when the jury returned the following verdict: ‘That on the 16th day of November, in the year of our Lord 1864, at a spot about four miles to the south of Jugiong ( the Black Springs ), in the colony of New South Wales, the deceased Edmund Parry did die from the effects of a gunshot wound, at that time and in that place wickedly, maliciously, and feloniously inflicted upon him by one John Gilbert, and that two other certain persons, named Benjamin Hall and John Dunn, were then and there unlawfully aiding and abetting the said John Gilbert in so feloniously destroying the life of the said Edmund Parry.”
The murderer Gilbert and accomplice Hall would later be shot dead by police in separate incidents, while Dunn (who would murder Constable Samuel Nelson at Collector less than two months after this incident) was destined to be hanged for his crimes.
The sergeant was born in 1832 and joined the New South Wales Police Force on 5 May, 1862. At the time of his death he was stationed at Gundagai.
Sgt Parry is buried at the Gundagai cemetery.
Erected In Memory Of Edmund Parry, Sergeant Of The N.S.W. Police, Who Lost His Life In The Execution Of His Duty Whilst Courageously Endeavouring To Capture The Bushranger Gilbert By Whom He Was Shot Dead Near Jugiong On 16th Nov 1864 Aged 32 This Stone Was Erected By Some Of His Officers And Comrades By Whom The Deceased Was Much Respected And Regretted
Senior Constable Wes Leseberg (NSW Police) portrays Sgt Edmund Parry in this upcoming Australian movie. Opening in December 2016.
first-look trailer for upcoming Australian bushranger film The Legend Of Ben Hall, out December 1, 2016. Start practising your pistol-twirling now…
Senior Constable Wes Leseberg as Sergeant Edmund Parry in “The Legend of Ben Hall”
(Plaque) (NSWPF Logo) NEW SOUTH WALES POLICE FORCE CULPAM POENA PREMIT COMES NSW Police Force Sergeant Edmund PARRY Killed in the courageous execution of his duty on the 16th of November, 1864 in a gun battle with the Hall Gang at Black Springs, Jugiong New South Wales
Yesterday, took a detour to Jugiong and checked out the memorial there to Sgt Edmund Parry. A very fitting tribute to a brave man.
* GPS Co-ords 34 49 25S/148 19 35E.
*
Can I also say that the Police Station and residence at Jugiong were immaculate. Not something you see often these days but a pristine NSW Flag flying (not a tattered mess hanging from the flag pole that we see so often) and the yard and surrounds a credit to the OIC who no doubt works the majority of the time in Cootamundra or Tumut or Young or all three.
Parry, Edmund (1832–1864)
from South Australian Advertiser
On Tuesday afternoon the mail from Gundagai reached the hill at Deep Creek, about four or five miles on the Yass side of Jugiong, between 4 and 5 o’clock. Mr. Sheahan, of Jugiong, the mail contractor, and Mr. Bradbury, of Queanbeyan, were passengers by the coach, and had alighted to walk up he hill. They were some distance in advance of the coach. Mr. Sheahan was in the act of pointing out the spot where the mail was stuck-up a few weeks before, when three horsemen appeared on the top of the hill, and spreading out—one on each aide, the third in the centre of the road—they galloped towards the coach. On coming near it was noticed that each had a revolver in his hand, and the order was given by Ben Hall to “Bail up.” Hall pointed and told them to “walk up there; we have got a little township there.” After going up the hill for some distance, they were ordered to turn off to the left, and approached a spot where twelve teams were stock up, as well as a number of horsemen. The mail was then stopped. Mr. Sheahan was asked if he had any money; he replied that he had not, and they might search him if they liked. Hall declined to search, remarking that Mr. Sheahan was not a “bad sort of fellow.” Bradbury was then searched; although he handed them a cheque for one pound, stating that that was all he had, yet they examined his pockets, and asked him if he had not a watch. They got nothing from him but the cheque, and subsequently, on his telling them it was all he had to carry him on the road, the cheque was returned. Hall and his companions then took out the mail bags, six in number, and cut them all open. Before proceeding to examine the letters they asked Mr. Sheahan and Mr. Bradbury if they would have some wine. They answered “Yes,” when Hall called to one of the teamsters to “fetch over port wine.” The wine was brought, in a quart pot, and a portion of it drunk by those present. The examination of the mail-bags meanwhile proceeded, the three bushrangers sitting down on the ground with the bags before them. The letters were speedily ransacked of any bank-notes they contained, Mr. Bradbury remarking to them that they sorted the letters much quicker than was generally done in Sydney. Mr. Sheahan asked if he would be allowed to sit down, and Hall told him he could do so. Mr. Sheahan availed himself of an empty mail-bag close beside him, and noticing a large number of whole and half cheques, remarked that they were of no use to them, and asked permission to gather them up. The bushrangers consented, and Mr. Sheahan was enabled to bring on to the Yass Post Office his coat pocket as full of cheques as it would hold, as well as three bank drafts. The coach and passengers were kept an hour before they were permitted to depart, Mr. Sheahan and Mr. Bradbury gathering up the remains of the letters and placing them in a mail bag. On the bushrangers completing their work, the driver of the coach pushed on as fast as possible to Yass, and reached here only half an hour behind time. The matter was instantly reported to Sub-Inspector Brennan, who, with a couple of mounted men, took the road within half an hour.
It was fully expected in town that the mail on Wednesday would also be robbed, and the spot where it was expected to take place was mentioned to the police before they left Yass. The anticipation was realised, and even the locality surmised as the scene of the outrage proved to be the spot selected. The mail is due in Yass at eleven a.m., and as it is generally very punctual to the time, and not having arrived at a quarter to twelve, it began to be thought very likely that it had been stopped. A few minutes before twelve it was heard approaching, and much anxiety was felt to learn what had occurred to cause its detention. It was then ascertained that on the mail leaving Gundagai, Constable Roche, of the Yass police, who had gone as guard of the mail the previous day to Gundagai, and Mr. Rose, police magistrate of Gundagai, were its occupants. It was escorted by Sub-Inspector O’Neill, and Sergeant Edmund Parry, of the Gundagai police. On reaching within about four miles of Jugiong, at a place known as the Black Springs, Hall and his companions appeared from behind some rocks. The moment they were noticed a signal was made from the coach to the Sub-Inspector and Sergeant to ride up, which they at once did; and one of the bushrangers remarking that “the bobbies” were with the coach, Gilbert said “There are only two of them; come on, let us rush them.” They then darted towards the coach, and on getting near the police called out “Come on you —— wretches; we will fight you like men.” A deadly encounter followed, in which poor Parry, who acted very bravely throughout, was shot through the shoulder and dropped dead. Before, however, narrating what transpired in the encounter with the police, we may state that Hall, Gilbert, and Dunn took up their position on the road early in the day, and stuck up a large number of teams and two carts, the latter followed by 20 or 30 Chinamen. Amongst those detained were a son of Mr. Owen Ryan, of Derrengullen Creek; Mr. Hayes, wife, and young man, who were in a buggy; and others, to the number of 40 or 50. Some considerable time before the coach came up Constable McLaughlin, of the Gundagai police, approached, leading a pack horse. Gilbert rode up to him and ordered him to surrender, but he replied by a shot from his revolver, which was returned by Gilbert, who then turned his horse and rode off a short distance. Hall then took up his position and fired at the constable, who again discharged his revolver. Hall’s horse stumbled, and Dunn rode up and fired at McLaughlin. The constable discharged the six barrels of his revolver in the encounter, and then surrendered, some nine or a dozen shots having previously been fired at him by the bushrangers. Dunn remarked that one of the constable’s shots was a very good one, and they would “have it in for him” on that account.” The constable was added to the mob of captives. The coach subsequently came in sight, and the affray commenced as stated above. Constable Roche, who was on the coach armed with two large pistols, a six barrel revolver, and a carbine, is stated to have slipped off the coach when the fight began, and to have darted into the bush, carrying his firearms along with him. He did not subsequently appear on the scene. Gilbert fought with Sergeant Parry, who refused to surrender, and discharged every barrel of his revolver before he fell; Hall and Dunn attacked Sub-Inspector O’Neill, who first discharged his carbine, and then several shots from a revolver. On Parry falling dead, the Sub-Inspector surrendered. The bushrangers disarmed him, and took from him a ring and his watchchain, but we believe he was permitted to keep his watch on his informing them it had belonged to his father. The horse Mr. O’Neill rode was, however, taken, one of the bushrangers remarking it would make “a good pack-horse.” It seems singular that the driver of the coach did not take advantage of the proceedings going on to put his horses to their mettle and save the mails. This, however, he did not do, for Hall and his mates on the termination of the fight ordered Mr. Rose to throw out the bags, which the bushrangers cut open in the usual manner, and appropriated all they desired. The mail was a very heavy one, and it is supposed they secured a large amount of money. From Constable McLaughlin they took £7105; from Mr. Rose a watch and chain. We have not heard what was taken from Mr. Hayes, but he was searched; the lady who accompanied him they did not molest. Gilbert is said to have turned over poor Parry’s body, and to have remarked—”He’s got it in the cobra (head) ; I am sorry for him, as he was a game fellow.”
We may state that the bushrangers informed the police that they intended to rob the mail next day (Thursday), and told them to send as many police men as they liked, and they would fight them. On the mail reaching Yass on Wednesday night Sergeant Scully, who was in charge of the force in the absence of Sub-Inspector Brennan, at once despatched five mounted men, four of whom are connected with the Goulburn force, and had reached Yass the previous day, after eight days’ unsuccessful search for the whereabouts of the bushrangers.
The coroner’s jury returned the following verdict:—”That on the 16th day of November, in the year of our Lord, 1864, at a spot about four miles to the south of Jugiong, in the colony of New South Wales, the deceased Edmund Parry did die from the effects of a gunshot wound, at that time and in that place wickedly, maliciously, and feloniously inflicted upon him by one John Gilbert; and two other certain persons, named Benjamin Hall and John Dunn, were then and there unlawfully aiding and abetting the said John Gilbert in so feloniously destroying the life of the said Edmund Parry.”
Sergeant O’Neill‘s report of the recent murderous affray with Hall and his gang: Gundagai. 17th November.
“Just returned from Jugiong with the remains of Sergeant Parry. Yesterday morning early I started with Constable O’Loughlin to Jugiong, with instructions to the police station there to be at readiness to relieve Sergeant Parry and myself, who would escort the down mail to Jugiong.
At 11 a.m. Sergeant Parry and I left here riding behind the coach. Constable Roach, from Yass, was with the driver on the box set. When we got within four and a half miles of Jugiong, we there found sixty or seventy people, including Constable McLoughlin, some carriers, a lot of Chinese, and others, stuck up by Mr. Hall, Gilbert, and John Dunn.
Sergeant Parry and myself charged the bushrangers, when a deadly encounter ensured.
Ben Hall and Dunn opened fire on me and Gilbert on Parry. We all fired simultaneously several times. I had one bullet pass through the upper part of my sleeve, and one in left side of coat, neither injuring me.
Sergeant Parry was less fortunate. He received two mortal wounds, one in his left side and another in the back of his head, and he died immediately.
Constable Roach, on witnessing the engagement, took his carbine, revolver, and two old pistols with him and bolted into a paddock of Pring’s, where he took shelter. Had he stood by usParry‘s life would have been spared, and Gilbert shot.
After emptying my revolver and rifle, I let the latter fly at Hall, striking him severely on the left side of his head. He and Dunn then had hold of my horse, and all was over—Parry shot, I a prisoner and Roach an absconder. The party having rifled the mail bags left.”
Sydney Morning Herald Saturday 19 November 1864 p6
GUNDAGAI. Friday, 8 p.m.
After Hall’s gang left the scene of the encounter with the mail escort, the dead body of sergeant Parry was taken on to Jugiong, where an inquest was held, Mr. Rose, district coroner, who was a passenger in the coach, was an eye-witness of the tragedy. A verdict of wilful murder was given against John Gilbert, Benjamin Hall, and John Dunn, and warrants issued for their apprehension.
The remains of Sergeant Parry was brought in a coffin to Gundagai yesterday, and buried to-day with every mark of respect and commisseration for the fate of so brave a man. All business was suspended during the day.
The encounter was witnessed by several persons, who were detained by the bushrangers, and who, as well as Mr. Rose, speak in the highest terms of the courage of sub-inspectors O’Neill and sergeant Parry.
Illustrated Sydney News Friday 16 December 1864 p5
MURDEROUS ENCOUNTER BETWEEN HALL’S GANG & THE
POLICE, AND DEATH OF SERGEANT PARRY.
IT has unhappily been our duty during the past few months to record a series of high-handed outrages and deeds of blood, which are rendering this Colony a bye-word throughout the civilised world. Our exchanges from every part of the globe contain annals of crime committed by the bushrangers of New South Wales, — crimes unparalleled save by the banditti of Italy, degrading to us as a people, the commission of which renders the Government of the Colony positively criminal for the apathetic and ineffectual efforts which they have made. The time for mincing our words has long since past. The position of affairs in the interior of New South Wales is a disgrace to any civilised community. Our legislators appear to be too much engrossed in party quarrels, and our Government in their own aggrandizement, to properly estimate the enormity of the crimes which are being daily committed in our southwestern districts, within a couple of hundred miles of the head-quarters of a police system which cost a colony containing some 350,000 inhabitants, during the past year £242,715 7s. 11d. What wonder will it be if we hear of the people whose lives and properties have been rendered insecure taking the law into their own hands, and, following the example of California, establishing Lynch Law. Much as such a system is to be deplored, we question if it would not be preferable to the present state of things.
During the past four months Morgan has murdered two police sergeants and and unoffending bushman. His immunity from arrest has probably rendered Hall and his gang from paying much regard to human life, for we find them following his example with all the recklessness which has marked Morgan’s career. The culminating act of Hall, Gilbert, and Co.’s villainous career has been that perpetrated on the 16th ultimo. On the morning of that day Hall, Gilbert, and Dunn took up their position on the road about four miles from Jugiong, and stopped all passers by. Among the number were several residents of Tumut, Mr. Johnstone, of Gundagai, about a dozen teamsters, and thirty Chinese. About noon Constable McLaughlin, going to Jugiong, was stopped by two bushrangers. Gilbert rode up and ordered him to surrender ; his reply was a shot from his revolver, which was returned by Gilbert, who then rode off a short distance. Hall then fired at the constable, who again returned it. Dunn also fired. Some of the shots cut McLaughlin’s bridle rein, and slightly wounded his horse. Having used the whole of his ammunition, and being hotly pressed, he galloped away hoping to be able to reload ; but Dunn being better mounted followed, and, firing at him, ordered him to surrender. Having no other alternative he did so, and was conducted to where the other persons were detained. On searching McLaughlin they took £7 10s. and his watch and chain, but returned the latter to him, as they admired his bravery in resisting three of them.
About three o’clock the mail from Gundagai came in sight, escorted by Sub-Inspector O’Neil and Sergeant Parry on horseback, and Constable Roach, who was seated on the box with the driver. The bushrangers rode down the hill to meet the coach, and on being perceived by Mr. Rose, Police Magistrate at Gundagai, who was a passenger, that gentleman raised his handkerchief as a signal for the police to close up, and as they did so the bushrangers turned and rode off, but seeing there were only two policemen they drew their revolvers, and rode back to meet them, screaming like madmen. The first shot fired was the signal for Constable Roach to drop from his seat and bolt into the bush, leaving O’Neil and Parry to maintain the murderous contest ; the former being opposed to Hall and Dunn, and the latter to Gilbert — the two latter fired shot for shot. Parry was first wounded in the head, but refused to surrender, and, having fired every shot in his revolver, was in the act of unslinging his carbine when Gilbert again fired. The ball entered his back on the left side, passed through his body — and the brave fellow fell from his horse a corpse. O’Neil continued fighting until his ammunition was expended, when, seeing the uselesness of prolonging the contest, he surrendered, and was taken prisoner. Dunn and Gilbert then mounted guard on the road, while Hall ransacked the mail bags ; the latter asked O’Neil where the other constable had gone to, and, on hearing he had bolted, remarked, “You should dismiss the fellow at once ; he is a coward and wretch to leave you and your mate to fight ; but I will say this for you both, you are two game men.” Hall then addressed himself to Mr. Rose, asking his name. Mr. Rose gave it, and told them in a fearless manner that he was Police Magistrate of Gundagai, to which Hall replied, “You are as bad as the —— traps.” “That may be,” said Mr. Rose, I am what I am.” After disposing of all the booty the bushrangers decamped, taking the police horses and arms. The remains of Sergeant Parry were removed to Jugiong, where an inquest was held next day by Mr. Rose. The jury returned a verdict of wilful murder against John Gilbert, Benjamin Hall, and John Dunn, against whom warrants were issued.
Sergeant Parry was formerly a member of the detective force, and during his residence in this city was remarkable for his good conduct.
The Government have recently issued a proclamation offering £1,000 reward each for Hall, Gilbert, and Dunn, and we trust that some energetic colonist may speedily enrich himself, and rid the country of one of its plague spots.
BY ELECTRIC TELEGRAPH. SYDNEY.Thursday afternoon.BEN HALL and his gang are visiting the Bathurst district.
Constable ( William ) Roach was tried before the Yass bench on Tuesday, and found guilty of deserting his comrades in the late encounter with Gilbert’s gang.
He was fined five pounds with the alternative of a month’s imprisonment.
In late September, 1864 the sergeant was camped in the bush with three troopers near Albury during a search for bushrangers, when two men, one of whom the bushranger Daniel Morgan, crept up and fired several shots into the police tent. One shot hit the sergeant, entering his shoulder and exiting through his back. Despite these wounds the sergeant was able to return fire, forcing the offenders to retreat and escape. Sergeant Smyth was soon treated by a doctor however he died of the effects of the wound within a couple of days. The vicious Morgan was shot to death by a farmhand in April, 1865.
The Empire newspaper dated 5 October, 1864 printed the following brief account of the incident.
DEATH OF SERGEANT SMYTH – It is with deep regret that we have to record the death of Senior-Sergeant Smyth, at Albury, on Thursday night, from the wound he received in the cowardly night attack a few weeks back at Doodle Cooma Swamp. It was at first hoped that the unwearied care of Dr Wilkinson would have brought him round; but haemorrhage having set in, little hopes were entertained of his recovery, and he gradually sank until he yielded up his brave spirit on Thursday night. He was a very deserving officer, possessed of more than average intelligence and shrewdness, which eminently fitted him for a police officer. His courage was unquestionable. Previous to his being stationed at Albury he was at Lambing Flat, on leaving which town be was presented with an address by the inhabitants, expressive of their appreciation of his valuable services in the repression of crime on that large goldfield.
The McIvor Times and Rodney Advertiser of 23 September, 1864 printed a detailed account of the incident.
“THE BUSHRANGER MORGAN.
A party of police, consisting of Senior Sergeant Smyth, Senior Constable Baxter, Constables Connor, and Maguire, and a blackfellow named Jimmy Reed, were camped on Sunday night at Dougal’s [sic] Swamp, near Keighran’s station. They had just got tea, and were lying in the tent yarning, as is usually done by persons camped out. They had no sentry on guard – that duty being delayed until they “turned in” for the night. Suddenly their discourse was cut short by a volley being fired into the tent amongst them. Sergeant Smyth immediately jumped to his feet, calling on his men to follow him – he firing two shots in the direction he fancied the volley came from. The men who rushed out of the tent immediately after him, scoured the bush in every direction, as well as the darkness would allow them, but failed to find any traces of the ruffians; but, from the tracks discovered at daylight next morning, they must have overrun the bushrangers in the dark.
“They remained in the scrub about an hour, when they, after some consultation, deemed it better to return to the tent, which, considering that the night was dark, arid the surrounding scrub would completely shelter the attacking party, was, to say the least, attended with some danger. Baxter and Connor crawled on their hands and knees to the tent, and found Smyth lying on his back dangerously wounded, and fast bleeding to death. They took everything out of the tent and, having covered poor Smyth up in the few blankets they had, they managed to convey him to Keighran’s station, he still bleeding and suffering great pain, where they remained until daylight. Constable Baxter and the blackfellow then took up the track near the tent, and started to follow the ruffians up. The other two constables proceeded to the Ten Mile Creek, to give information and obtain medical aid for Smyth.
“Superintendent McLerie who was proceeding to Sydney on sick leave, happened to be at that place; and he immediately ordered his buggy to be taken off its springs, and the body to be used as a stretcher to convey Smyth to Ten Mile Creek. From the position of the bullet holes in the tent, there cannot have been less than five bushrangers. There are seven bullet holes in the tent; the bullets were picked up inside of it, some of them belonging to a large bore pistol. Constable Connor had a very narrow escape. He was lying down, leaning on his elbow, in the tent, when one of the balls went through the sleeve of his coat, inflicting a slight wound about two inches above the elbow joint. Superintendent McLerie has deemed it necessary to return to Albury for the present. Sub-inspector Morrow and a party of police have started from Albury in pursuit of the bushrangers; and Sub-inspector Zouch has left Wagga Wagga on similar duty.
“A strange incident occurred in connection with this cowardly attack. Shortly after the party were camped, two men came up and were admiring the site chosen for the camp, remarking that they could not have chosen better. They are well known as bush “telegraphs,” being the two men to whose house Sergeant Carroll traced Morgan some time back. Sergeant Smyth’s wound is a very dangerous one. The ball entered immediately above the nipple of the left breast, following the course of the ribs, and came out under the left shoulder-blade; so that, while the wound may not be considered mortal, yet fatal results may ensue from it. The people are greatly excited on this murderous attack, which in cold-blooded treachery far surpasses the Lachlan escort robbery.”
The Empire newspaper dated 5 October, 1864 printed the following brief account of the death of the sergeant.
“DEATH OF SERGEANT SMYTH
It is with deep regret that we have to record the death of Senior-Sergeant Smyth, at Albury, on Thursday night, from the wound he received in the cowardly night attack a few weeks back at Doodle Cooma Swamp. It was at first hoped that the unwearied care of Dr Wilkinson would have brought him round; but haemorrhage having set in, little hopes were entertained of his recovery, and he gradually sank until he yielded up his brave spirit on Thursday night. He was a very deserving officer, possessed of more than average intelligence and shrewdness, which eminently fitted him for a police officer. His courage was unquestionable. Previous to his being stationed at Albury he was at Lambing Flat, on leaving which town he was presented with an address by the inhabitants, expressive of their appreciation of his valuable services in the repression of crime on that large goldfield.”
In April 1865 the vicious and cowardly bushranger Morgan was shot to death by a farmhand in at Peechelba Station, near Wangaratta (Vic).
The sergeant was born in 1830 and joined the police force on 8 February, 1858. In 1862 he became a member of the newly-formed New South Wales Police Force. At the time of his death he was stationed at Albury.
It’s taken 153-years but moves are finally underway to give some restitution to Senior Sergeant Thomas Smyth, who was murdered by notorious bushranger ‘Mad Dog’ Dan Morgan in the hills near Henty in 1864.
Sergeant Smyth’s unmarked grave is now set to receive a memorial headstone to rectify what is believed to have been an administrative oversight lost in the 1951 transferral of Albury’s three cemeteries from church to council.
Police officers, both active and retired, had bemoaned as “a sad end and undignified burial” of Senior Sergeant Smyth after he was shot trying to recapture the bushranger, who had been terrorising the region.
In 1864, ‘Mad Dog’ Morgan had recently committed his second and third murders before he arrived in the Henty area. Widespread fear and an outcry from the press at the time saw the reward for Morgan’s capture raised to £1000, and parties of special police were sent to track and capture him.
On September 4, Senior Sergeant Smyth had set up camp with three troopers in the Henty hills, when Morgan and another man crept up and fired several shots into the police tent, hitting the sergeant in the shoulder and exiting through his back. Morgan later said he had been watching the camp for some time.
Despite his wounds, the sergeant ran out of the tent and returned fire, forcing the offenders to retreat. The wounded officer then collapsed. He was transferred to Kiamba and then Albury where doctors claimed he was recovering, before he hemorrhaged several times.
The Empire newspaper dated October 5, 1864 reported that “he yielded up his brave spirit on Thursday night. He was a very deserving officer, possessed of more than average intelligence and shrewdness, which eminently fitted him for a police officer. His courage was unquestionable”.
Senior Sergeant Smyth was buried in an unmarked grave in an Albury cemetery, however there is a memorial stone on Pleasant Hills Road just outside Henty.
NSW Police is hoping to rectify other unmarked police graves. Dan Morgan was holding hostages when he was shot dead in Victoria by a farmhand in April,1865.
This excerpt is from an Australian Government site about bushrangers:
“Daniel Morgan brought discredit to the popular ‘currency heroes’ by his mixture of violence, abuse and seemingly meaningless murders. Morgan claimed his innocence at his first conviction in 1854, at the diggings near Castlemaine, which he said was ‘framed‘ by a squatter. During his time at Pentridge Prison, he developed a violent dislike for police. Upon his release, he began a campaign against society at large and the police in particular.
Morgan once took issue with an overseer’s wife when the man was away on business, demanding money from her as he forced her against a blazing fire until she suffered severe burns to her legs. Morgan also tried to burn squatter Isaac Vincent by setting fire to his woolshed after he had tied Vincent to a nearby fence. After Morgan bailed up coaches, he would stampede the horses – sending them and their drivers to destruction.
Eventually he was shot and captured in 1865 after being outwitted by a nursemaid and station hand at Peelhelba Station near Wangaratta, owned by the McPhersons.”
MEMORIAL: Senior Sergeant Thomas Smyth will get a memorial headstone on his unmarked grave in Albury, after he was shot by bushranger Dan Morgan in 1864.
MEMORIAL: The memorial stone to Senior Sergeant Thomas Smyth is two kilometres west of Henty on Pleasant Hills Rd (the Lockhart road).
DETAIL: The plaque detailing the death of Senior Sergeant Thomas Smyth after he was shot by bushranger ‘Mad Dog’ Dan Morgan in September 1864.
MURDERER: A post-mortem photograph of notorious bushranger ‘Mad Dog’ Dan Morgan who murdered several people, including Senior Sergeant Thomas Smyth.
Grave of Sgt David Maginnity – courtesy of Ken Medway ( Beyond Courage FB Page 120114 )
Grave of Sgt David Maginnity – courtesy of Ken Medway ( Beyond Courage FB Page 120114 )
Grave of Sgt David Maginnity – courtesy of Ken Medway ( Beyond Courage FB Page 120114 )
Grave of Sgt David Maginnity – courtesy of Ken Medway ( Beyond Courage FB Page 120114 )
The sergeant was returning to Tumbarumba from a patrol to Copabella with Constable Charles Churchley when they encountered another rider on the road. When the sergeant cantered up to the rider a shot was fired almost instantly. The sergeant’s horse then plunged into the bush, carrying its mortally wounded rider. The stranger was later identified as the bushranger Daniel Morgan. The sergeant’s body was recovered the following day. The Wynyard Times newspaper dated 27 June, 1864 carried the following account.
THE ENCOUNTER WITH MORGAN AND DEATH OF SERGEANT MAGINNITY.
It is our painful duty to record the death of Senior-sergeant David Maginnity, of Tumbarumba, who was, on Friday last, shot dead by the notorious bushranger Morgan. It appears that early on Thursday, Sergeant Maginnity, accompanied by constable Churchley, left Tumbarumba for Copabella, a distance of twenty miles. On their return next morning, they encountered Morgan within five miles of Copabella, at about half-past ten o’clock. At this time Churchley was a little in advance of Maginnity, when the latter, seeing Morgan, cantered up to Churchley, and hurriedly inquired of him who that was. Almost before receiving a reply, he rode smartly up to Morgan’s side, Churchley being about fifteen or twenty yards to the rear. Morgan instantly fired at Maginnity, whose horse thereupon rushed into the bush. At the same time, Morgan’s horse took the opposite direction, leaving Churchley on the road, but as his horse was completely knocked up he soon lost sight of both of them.
The vicious and violent Morgan, who also murdered Senior Sergeant Thomas Smyth near Albury three months after Sergeant Maginnity’s murder, was shot to death by a farmhand in April, 1865.
The sergeant was born in 1815 and joined the police force on 8 July, 1853. Previously a member of the Mounted Road Patrol, in 1862 he became a member of the newly-formed New South Wales Police Force. At the time of his death he was stationed at Tumbarumba.
Edward HAMPSON
| 25/10/2012
Edward HAMPSON
New South Wales Police Force
Rank: Constable
Regd. #: ? * A search of the ‘on-line’ State Archives does NOT reveal a HAMPSON, or similar, as being a member of the Police
Stations: East Kempsey ( Lock up Keeper )
Service: From? ? ?topre March 1862 = ? years Service
Awards: No find.
Born: Sunday 15 May 1825, Lancashire, England
Emigrated: from USA to Australia between July 1853 and before Nov 1854
Died: Wednesday 24 December 1862
Cause: Horse Accident – against a tree
Event location: East Kempsey – near the Yarrabandinni gates
Age: 37 – 39?
Funeral date:
Funeral location: ?
Buried at: Frederickton Cemetery, Great North Rd, Frederickton, NSW:
Anglican section row G # 67
GPS: 31 02′ 02S / 152 52′ 38E
Grave location:
[alert_red]Edward IS NOT mentioned on the Police Wall of Remembrance[/alert_ed]
Constable Edward HAMPSON – grave
Constable Edward HAMPSON – grave
The constable is believed to have suffered fatal injuries when he was either thrown or fell from his troop horse at East Kempsey.
Some 62 years later the Macleay Chronicle of 7 May, 1924 in a related story recounted that the constable had been “killed while riding near the Yarrabandinni gates on Christmas Eve, 1862”. In a contemporary account however, the Empire newspaper of the 5 January, 1863 reported the following.
“ACCIDENT
On the 24th instant, a settler named Edward Hampson came by his death through a fall from a young horse he was riding. It appeared from the evidence given before the coroner that the deceased was thrown with so much violence against the spur of a tree as to cause instantaneous death.”
Few details are known at present, however the Macleay Chronicleof 7May, 1924 reported that the constable had been ” killed while riding near the Yarrabandinni gates on Christmas Eve, 1862 “.
At the time of his death the constable is thought to have been the lockup-keeper at the East Kempsey Police Station, where he had been stationed since at least early 1856 (he is mentioned in the New South Wales Police Gazette of 16 February, 1856).
In 1862 he became a member of the newly-formed New South Wales Police Force.
He is not listed in the official New South Wales Police Honour Roll.
MacLeay River Historical Society November 2012 page 2
An enquiry was received from Kempsey Police re Edward Hampson who was killed Christmas Creek, near Yarrabandinni Gates on Christmas Eve 1862 when his young horse threw him against a tree.
It was believed Edward was a police constable and had died on duty, and the information was required for a book on police killed in the line of duty.
A death certificate in Research records however gave Edward’s occupation as a farmer, as did a marriage certificate for his oldest son, Wright Harrison Hampson. It appears Edward was a police constable at some stage but had left the Force prior to his death.
Edward and his wife Eliza arrived from the United States of America sometime in the late 1840s or early 1850, with three children. They had immigrated to the USA from England, however for some reason they changed their mind about settling in America and came to Australia.
After their arrival, at least another four children were born, 1854 Thomas, 1856 William, 1857 Edward, 1860 Henry and 1862 Mary. The majority of the children’s place of births are registered as Macleay River.
Their father Edward HAMPSON, became a Police Officer, however he was killed while on duty in 1862 near a river.
From: “Janice Doughty” <adoughty01@optusnet.com.au> Subject: Re: [NORCO] EDWARD HAMPSON-Police Constable Date: Sun, 27 Mar 2005 09:24:51 +1000 References: <000001c53113$2b468a30$295d1ed3@ADOUGHTY> <80977F0C-9E24-11D9-88D6-000A95EAA358@ceinternet.com.au> Thank you to Rod and also to the many other Listers who have helped with my enquiry regarding the Hampson family of Macleay River district.
Within a day of requesting help with the HAMPSON family, I have found out so much from this wonderful List and I would like to share the HAMPSON story with you so far.
Edward HAMPSON was Christened on 15th May 1825, at Saint Michael, Ashton Under Lyne, Lancashire, England. His parents being Thomas and Nancy HAMPSON. Family rumour has it that this family was very well off, living in a large home in the town of Ashton Under Lyne in Lancashire.
Eliza HARRISON was Christened on 23 May 1824 at Saint Michael, Ashton Under Lyne, Lancashire. Her parents were James and Alice HARRISON.
Edward HAMPSON at 20 years of age, married Eliza HARRISON also 20, on 1st January 1844 at the Cathedral, Manchester, Lancashire ENGLAND.
Some time between 1844 and 1848, Edward and Eliza HAMPSON sailed for the United States, and settled on the east coast of the USA. It is believe that there were already relatives of Edward’s living in the U.S.
Children born in the U.S.A were.:-
Wright Harrison HAMPSON born 1848 in Salem, Mass.
Desdemona Ann HAMPSON born 1851 Newark New Jersey
Alice Maria HAMPSON b.1853 Boston, Mass.
After the birth of Alice in Boston in July 1853 and before the birth of Thomas in Australia in Nov 1854, the family sailed from Boston to old Sydney Town, Australia. What ship they sailed on is at the moment unknown.
Children born in the Colony were:-
Thomas 1854,
William 1856,
Edward 1857,
Henry 1860 and
Mary 1862.
All except Thomas, who may have been born in Sydney, not long after the family arrived in Sydney Cove, were born in the Macleay River district. The family settled somewhere near Kempsey, at the moment it is unknown exactly where their property was. Any help with establishing where the family actually lived, would be very much appreciated.
As previously stated, the father Edward joined the police force, and was tragically killed on Christmas Eve 1868 when he was thrown against a tree.
More work has to be done regarding the death of Edward. Not sure if he was on duty when he died.
It was only six month before, when Edward and Eliza‘s son Thomas, at 14 years of age was killed in an accident in July, while driving a team of bullocks, when one of the wheels got on the end of a slab, suddenly lifting the other end, which struck Thomas on the head killing him on the spot.
Thomas at the time was in the employ of Mr. James Ducat (Manning River New – 11.07.1868). Thomas was recovering from a broken arm at the time of his death.
The surviving children all married:-
1870 Wright Harrison HAMPSON, married Isabella Emmeline Reid at Port Macquarie. She died in 1886 and Wright’s second wife was Ellen Berman and they married in 1906, also in Port Macquarie.
Desdemona Ann HAMPSON married Edwin James CLOUGH in 1868 at Macleay River.
Alice Maria HAMPSON married John JONES in 1868 at Macleay River. (The sisters may have married on the same day).
William HAMPSON married Elizabeth BOLSTER in 1884 at Kempsey.
Edward HAMPSON married Annie KELLARD IN 1882 in Sydney.
Henry Frank HAMPSON married Ada Caroline KELLY in 1881 in Sydney.
Mary Amelia HAMPSON married Arthur Pringle STEWART in 1881 in Newtown.
The one member of this family whose name survives today, through his wonderful exploits is Wright Harrison HAMPSON, through his colourful career as a mail contractor and coach driver for Cobb & Co. He was well known for playing on his bugle “The Girl I Left Behind Me”, when his coach was leaving town. There was also his stories of the Boer War, he was 52 years of age when he joined up.
Wright Harrison HAMPSON, died in 1929 in Granville, his son Wright Harrison HAMPSON Jnr, died five years before his father in 1924 at Parramatta.
Again, a big thank you to everyone who contributed to put this story together.
Regards,
Janice
Belrose – Sydney
—– Original Message —–
From: Rod Gow <rgow@ceinternet.com.au> Subject: Re: [NORCO] EDWARD HAMPSON-Police Constable Date:Sun, 27 Mar 2005 04:25:59 +1000 References: <000001c53113$2b468a30$295d1ed3@ADOUGHTY> In-Reply-To: <000001c53113$2b468a30$295d1ed3@ADOUGHTY>
Dear Janice,
We had a look at some newspaper indexes relating to HAMPSON of the Macleay River and found the following which may be of some interest…
Manning River News newspaper – 11 July, 1868 page 2 columns 5 and 6
Another accident happened at Moonebah, by which a boy, named Hampson, lost his life whilst driving a team of bullocks. One of the wheels got on the end of a slab, suddenly lifting the other end, which struck the boy on the head killing him on the spot.
The lad who was killed at Moonebah by being struck on the head by a rail as mentioned by our regular correspondent, was named Thomas Hampson. He was in the employ of Mr. James Ducat. A magisterial enquiry was held.
A son of a Mrs. Hampson has had his leg broken. It is stated that the boy belongs to a particularly unfortunate family. His father was killed by being thrown against a tree, his eldest brother had his arm broken, and had no sooner recovered from that accident than he was suddenly killed, and now this lad comes in for his share of trouble. The boy’s mother certainly deserves the sympathy of her neighbours, and pecuniary aid too, if she needs it.
Also, Janice, in the “NSW – Patriotic Fund Subscribers – Crimean War (1855) index” there is the following entry extracted from the
Sydney Morning Herald … Hampson EKempsey & Macleay River 16 Aug 1855 page 6 column 1
If this is one of the family it may establish that he was in the Macleay district in 1855
Also, is Wright Hampson one of the family you are researching ? He married Miss Berman on 3 January, 1907.
Hope the above is of some assistance.
Best wishes,
Rod & Wendy Gow
[divider_dotted]
On 25 Mar 2005, at 7:18 PM, Janice Doughty wrote:
Good evening Listers,
I am new to this list and am hoping that SKS maybe able to assist me.
I am helping the wife of my husband’s cousin to find out some history on her gg grandfather one Edward HAMPSON.
Edward and his wife Eliza arrived from the United States of America sometime in the late 1840s or early 1850, with three children. They had immigrated to the USA from England, however for some reason they changed their mind about settling in America and came to Australia.
After their arrival, at least another four children were born, 1854 Thomas, 1856 William, 1857 Edward, 1860 Henry and 1862 Mary. The majority of the children’s place of births are registered as Macleay River. Their father Edward HAMPSON, became a Police Officer, however he was killed while on duty in 1862 near a river. The lady I am helping thinks she can remember the cause of death was a fall from a horse.
Any help regarding this family would be very much appreciated.
Chris StaffordGood evening everyone, yesterday I received Edward HampsonDeath Certificate and unfortunately, at the time of his death, Edward was no longer a Constable, but was a farmer and settler in the Fredo/East Kempsey (East was the original township). This was back up by one of his children’s marriage certificate.
Even though I have found written reference in newspaper that did indicate Edward was the Lock up Keeper for East Kempsey, but it seems by 1862, at the creation of the NSW Police Force, he was no longer a serving member.
This maybe the reason while there is no record on the NSW Honour Roll or the Canberra Wall. However, I am still going to attempt to fix his grave up and place a new plaque stating Edward as a former Police Officer.
Alexander McGEE
| 25/10/2012
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. ……
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
John WATSON
| 25/10/2012
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.
Peter PROSSER
| 25/10/2012
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. .
the 3rd longest surviving NSW Police Grave in the state
New South Wales Police Force
Regd. # ?
Rank: Constable
Stations: ?, Parramatta
Service: From ? ? ? to 7 October 1826
Awards: ?
Born: ?
Event date: 23 September, 1826
Event location: Parramatta, NSW
Died on: 7 October 1826
Cause: Shot – Murdered
Age: 30
Funeral date: ? October, 1826
Funeral location: ?
Grave location: old St Johns Cemetery, Parramatta Portion 3
Benjamin RATTY the 3rd oldest known ‘surviving’ Police grave in NSW
BENJAMIN IS mentioned on the Police Wall of Remembrance
About 11pm on the night of 23 September, 1826Parramatta Police received information to the effect that a party of bushrangers were in the area of the Western Tollgate near Parramatta. Chief Constable John Thorn, Constables Ratty and Wells and a Mr John Piesley immediately proceeded to the area.
It was decided that Constable Ratty would walk down the road carrying a large bundle while pretending to be drunk, in an effort to entice the bushrangers to attempt to rob him. The other police would then surprise the bushrangers and arrest them.
Constable Ratty carried out his role and as he approached the toll-house four men accosted him and took his bundle of belongings. As the police party rode up to arrest the offenders Ratty drew his pistol and several shots were exchanged between the police and the bushrangers.
During this exchange Chief Constable Thorn sustained a slight head wound, one of the bushrangers was killed and Constable Ratty was shot in the back.
He passed away two weeks later.
Benjamin Ratty was a former convict who had been tried at Horsemonger Lane, Surrey in January 1814, and was sentenced to transportation for seven years. He arrived in Australia on the Somersetshire on 16 October, 1814. He was married with no children.
A public subscription provided funds for the funeral, coffin and headstone at the old St Johns Cemetery, Parramatta.
The inscription on his headstone reads:
To the Memory of Benjamin Ratty who departed this life 7th Oct 1826. Aged 30 years. The deceased was a Constable in the Town of Parramatta during seven years and this stone was erected by its inhabitants as a mark of their esteem for his services on various occasions in apprehending Bushrangers & particularly for his intrepid behaviour which will be remembered in the night of the 23rd of September when he received the wound which caused his death from a pistol shot & and which conduct led to the immediate apprehension of a Part of the Banditti.
At the time of his death the constable was aged about 30 years and was stationed at Parramatta. He had been a constable at that location for about seven years.
Most probable GPS Location of this grave, by using the background images and Google Earth is: -33.81730882659942, 150.9981140491085
