COURT, CONVICTS, CONVICTIONS AND CHATTER
Mirror (Perth, WA : 1921 - 1956), Saturday 24 February 1934, page 5
National Library of Australia http://nla.gov.au/nla.news-article75729174
Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842), Sunday 31 July 1808, page 2
COURT OF CRIMINAL JURISDICTION.
On Monday the Court assembled, and proceeded to the trial of Richard Moxworthy, charged with the commission of an offence, of the most disgusting and abominable kind.
In support of the accusation many witnesses were called, the most favorable of whom went consider-
ably to strengthen the material circumstances of the charge; which after a long and painful investiga-tion, left not on the minds of the Court a doubt of actual guilt.
John Hopkins, his accomplice in the crime, was also indicted on the charge, and found guilty.
Jacob Isaacs stood indicted for stealing a quantity of tea, of 5s. value, in the warehouse of Mr. Robert Campbell ; and being found guilty, received sentence of transportation for the term of 7 years.
On Tuesday Patrick Shannan was put to the bar and indicted for having, upon the 2d day of the present month, stolen a quarter of a pound of thread from the warehouse of Captain Dundas, his
property. On the prisoner's behalf no opposition was set up to the fact stated in the indictment; but a representation to the Court was made by the friends of the prisoner, of his having laboured under a mental derangement for some time previous to, and at the time of his committing the theft.
In reply to this representation the Court declared that it must obviously be attended with evil conse-quences to Society were such a plea as this to be countenanced, as it would afford to other delin-quents a prospect of offending with impunity, by sheltering themselves beneath a familiar plea. If, therefore the person who had so far interested themselves in the prisoner's behalf were inclined to defend him, the Court would most assuredly allow them every opportunity of doing so; and if,
upon the whole, he really did appear to be non-compos mentis at the time, the circumstances of the case would be duly considered by the Court.
Mr. W. Gordon and Mr. R. Campbell, jun, spoke to the prisoner's having been at Mr. Campbell's ware-house on the 2d of July, wherein he committed many acts of extravagancy, that left no doubt upon their minds of his derangement.
John Mollet gave evidence, that prior to the commission of the offence for which he was appre-hended, the prisoner had in his presence exhibited symptons of undoubted lunacy, and that his conver-sation was perfectly incoherent. It was also stated that upon the 1st of July he had been committed to prison for a violent and unprovoked assault; and was under bail to a heavy amount at the time of the theft.—Numerous other witnesses confirmed the presumption of the prisoner's derangement: which it was suggested was likely to have proceeded from a depression in his circumstances that had recently taken place.
John Harris, Esq. spoke to the prisoner's character;—he had known him for many years in a situation of truth; and never had the slightest cause to suspect him of dishonesty.
From the union of numerous circumstances tending to substantiate the plea of lunacy, the Court were satisfied that it had not been craftily resorted to as a subterfuge for eluding the stroke of justice; but that the prisoner was unhappily deranged, and he therefore was acquitted.
A solicitation was then presented, praying the Court, that as from the evidence adduced it might be considered dangerous to suffer the prisoner to go at large, they would give directions for his present confinement. The application was considered reasonable, and was acquiesced in by the Court, open to the approval of His Honor the Lieutenant Governor; strictly ordering at the same time, that every attention should be paid to the proper treatment of the unfortunate man.
The two persons capitally convicted were now recalled to the bar to receive judgment of death. Upon this solemn occasion the Acting Deputy Judge Advocate, addressing the prisoners in the most impressive language, exhorted them duly to reflect upon, the awful change that had, taken place in their condition.—"You have, said he, been brought to this bar upon a charge the most heinous and disgusting; and after a long and very minute investigation, of the circumstances of your accusation, have been found guilty of an offence to which the laws of Country attach the penalties of death. Ye have offended against the order of nature; ye have brought disgrace upon your friends and families wherever they may be; and intailed disgust upon your memory. The vengeance of the law you have drawn upon yourselves under such strong evidences of a shameless depravity as to preclude ye the hope of mercy upon earth. It is now become your duty to prepare for a future state, by a sincere repentance. To this great duty let me intreat you most seriously to attend; and may your contrition be found acceptable to the Supreme Judge before whom ye shortly may appear."—The awful sentence was pronounced and the prisoners taken from the bar; after which the Court adjourned to a future day; but at the prayer of Mr. Peter Cummings, master of the ship Dundee, stating that his chief officer was confined upon a charge of homicide, the witness to which were seamen belonging to his ship, which was shortly about to sail.
In consideration whereat, and to prevent the delay of the vessel, he trusted the Court would hear and determine on the charge before its adjournment.
This remonstrance was attended to, and upon the following day the Court assembled, when
Mr. Jeremy Horsley was arraigned upon a charge of murder, committed upon a lascar named Saboo, by beating him with such severity as to occasion his immediate death; and also upon a malay named Hydronse, by causing cold water to be thrown upon him while in a state of extreme debility, which was stated to have been the cause of his death.
The prisoner having pleaded Not Guilty, Jean Gomez, a Portuguese seaman belonging to the Dundee deposed, that about 6 weeks before the ship's arrival at this port, he saw Saboo descend from the rigging, and receive some provi-sion from the Casaub, or Asiatic cook; and after-wards saw him ask for more which was refused to him, and a quarrel ensued; that the prisoner went to part them, and with his fist struck Saboo in the face, between the eyes, and at the same time kicked him whereupon he fell; that the desponent saw blood flow from his eyes, ears, and mouth; and that he almost instantaneously expired.
Cross examined.
Q: How many times did the prisoner strike
Saboo?—Ans. He gave him one blow and one kick.
Q: Are you sure you saw the whole of the transaction?—A. Yes, I was present all the time
and saw him fall as soon as he received the blow.
Q: You are certain the prisoner struck him on
the face?—A. Yes.
The deponent acknowledged an utter antipathy to the prisoner, who had frequently beat him, among the rest of the people.
Emanuel, the cabin steward, was next called upon; and related the circumstance of the quarrel between the casaub and the deceased Saboo, which nearly corresponded with the testimony given by the foregoing evidence. He also swore positively that the prisoner had struck him one blow and given him one kick; that the man fell, and bled from the eyes, nose, and mouth, and died shortly
after.
Cross examined.
Q: Did you see the whole of the transaction.— A. Yes ; I was present and saw the whole from the beginning of Saboo's quarrel with the casaub to the moment of his falling ; and knew that he died shortly after.
Q: In what manner did he fall ?—A. He fell on his face. Q: Was it possible that the blood you saw might have been occasioned by the fall?—A. I did not think it was.
Q: Are you certain the prisoner struck him only one blow ?—He struck him only one blow, and gave him one kick.
Q: Where did he receive that blow ?—A. on his side.
Q: Are you certain he did not strike him on the face?—A. I am certain he did not, but that it
was on the side.
This evidence also acknowledged an antipathy against the prisoner.
Mr. Redford, surgeon of the Dundee called. Examined by the Court.
Q. Do you recollect the death of Saboo?—A. Yes, very well.
Q. Did you examine the body ?—A. I was told by the chief officer that a man had fallen down, and he wished me to go and see him.—I did so; and the man dead.
Q. What did you suppose occasioned his death. —A. Intense cold, and long debility; from which others had fallen down and expired in a like way.
Q. Were there any marks of violence on the body.—A. None that I could perceive. Upon one of the temples there was a small contusion, which appeared to have been occasioned by the
fall; and from which a few drops of blood had come.
Q. Was there no blood in any other part of the face ?—A I saw none.
Q; Did you then, or do you now consider that this, man died from ill treatment ? —I am positive he
did not.
Q. Did any person on board the Dundee, as you conceive, die from the prisoner's ill treatment ? —A. None, I am positive.
Q. Did you ever hear it mentioned that Saboo had come by his death from ill usage ?—A. I never
did until we had been several days in this harbour.
Many other interrogatories were put to the de-ponent; who spoke highly favourably of the prisoner's general conduct towards the seamen of the vessel; and with respect of the death of Hydrouse the malay, he said that the people were in so unclean a state that they were obliged to be compelled now and then to wash themselves; that this man had been several times washed:—and he was conscious
that this so far from proceeding from any wish of exercising severity, was done as being considered necessary to their preservation. Coercion had been used, he said, to oblige the people to do the work of the ship; the poor creatures were incapable of en-during the severity of the weather; they fell into debility, and in repeated instances were thus sudden-ly taken off.
Mr. Peter Cummings deposed that he had never heard of any person on board dying from ill treat-ment until this charge was announced to him by a Magistrate after the ship's arrival here; that if any man had died from such a cause he was certain it would have come to his knowledge ; that com-pulsory means were sometimes necessary to enforce the duty of the ship ; but that he never saw any of his officers exercise cruelty towards them, but on the contrary that the only object of such ne-cessary coercion was either to oblige the people to cleanse themselves, or to force them to do their duty when the state of the ship demanded it. Cross examined by the Prisoner.
Q: From your observation of my conduct towards these people, do you believe me capable of exercising such brutal violence as to endanger life?—A. No; very far the reverse.
The Court having minutely examined all the evidence in support of the charge, directed that the prisoner should enter on his defence; which was pointed, and well delivered. He had a numerous list of exculpatory evidence to call; but the Court were satisfied with that already called, and acquitted the prisoner; at the same time remarking generally, that there was some reason to apprehend, that in frequent instances more than necessary ferocity had been exercised against these people; who were useful in their own climate, and should receive kind treatment when taken into colder latitudes. They hoped this would be a caution in all future cases, and convince the rash and impetuous that the humblest individual who claims protection of the British Law, shall in New South Wales receive its fullest benefits.
ASIDE
On Sunday night the house of Mr. Mansel, in South street, was broke into and entered, about midnight; but the villain being disturbed by a pistol falling, instantly made off without a booty. The entry was effected by the removal of bricks from the chimney.
Australian (Sydney, NSW : 1824 - 1848), Thursday 28 April 1825, page 2
On Sunday night (April 17) five of the desperadoes who have so long infested the roads to Parramatta and Liverpool, were apprehended by Mr. Ikin, the active and courageous chief constable of Liverpool. It appears that they had constructed a bark hut in the great bush which extends from Clegg's to within a short distance of that town, where a black girl who had been brought up at the native institution, was kept. This hut was observed by some straggler, who gave intimation of it, and there-fore Mr. Ikin paid the native woman a visit during the absence of her keepers, and obtained from her knowledge of their habits and haunts. With the information thus acquired, and under the guidance of an Aboriginal native, they started on Sunday night for the purpose of taking these marauders by surprize ; and after penetrating to the centre of the brush, at the distance of about two miles from the road, they suddenly came upon three of the gang as they were in the act of bathing in a creek. When they perceived Mr. Ikin's party, they immediately attempted to make their escape ; but being naked and not having their arms at hand, they were apprehended without any great difficulty. It appears that the black guide threw a spear at one of them, which passed over his shoulders, stuck in the earth just before him, and tripped him up ; and that before he could rise again, he was laid hold of. The other two bushrangers who were seized were met by Mr. Ikin and his party on their way back to Liverpool. They had been lurking in the vicinity of that town in order to procure a fresh stock of ammunition, and had succeeded by means of some unknown agent in purchasing a considerable quantity of powder, balls, and flints. They, however, made no resistance, and are now safely lodged with the other three in the Liverpool jail. It is stated that two or three of this gang are still at large ; but it is believed that, their career of iniquity is now drowing to a close. Too much praise cannot be given to Mr. Ikin ; his exertions on this occasion, as on a late occasion, entitle him to the best thanks of his fellow citizens ; and we hope that the Government will feel it their duty to make him some requital for the risque which he has run in these dangerous enterprizes. We hope, too, that the traffic in gunpowder will be placed under some restrictions, which may have the effect of precluding such gentry as these from obtaining it, — whenever they have the means of purchase. We are not on general principles friendly to any restraints on commerce ; but the good of the community appears to call for some regulations with reference to an article which may be, and which in effect is converted to purposes so mischievous to society at large.
The Australian Star. 15 Mar 1892
Australian (Sydney, NSW : 1824 - 1848), Saturday 30 September 1826, page 3
CHARACTERISTIC TRIAL.
Larry Cronan was a stout hardy Irish Iad, of five and twenty. Like Saint Patrick, 'he came of decent people.' He was a five-pound freeholder — paid his rent punctually -voted for his landlord and against his conscience-seldom missed a mass, a fair, a wake, or a row — hated, and occasionally cudgelled the tithe-proctor — loved his neighbour— had a wife and five children, and on the whole, passed for one of the most prosperous and well-conducted boys in his barony. All this, however, did not present his being "given to understand by the clerk of the crown" at the summer assizes for his native country, that he stood indicted in No. 14, for that he on a certain night and at a certain place feloniously and burglariously entered a certain dwelling- house, and then and there, committed the usual misdeeds against his Majesty's peace and the staute; and in No. 16, that he stood capitally indicted under the Ellenborough act; and in No. 18, for a common assault.
I was present at his trial, and still retain a vivid recollection of the fortitude and address with which he made his stand against the law ; and yet there were objects around him quite sufficient to unnerve the boldest heart — a wife a sister, and an aged mother, for such I found, to be the three females that clung to the side bars of the dock - and awaited in silent agony the issue of his fate. But the prisoner, unsoftened and undismayed, appeared unconscious, of their presence. Every faculty of his soul was on the alert to prove to his friends and the county at large, that he was not a man to be hanged without a struggle.
He had used the precaution to come down to the dock that morning in his best attire, for he knew that with an Irish jury the next best thing to a general good character is a respectable suit of clothes. It struck me that his new silk neck-handkerchief, so bright and glossy, almost betokened innocence; for who would have gone to the unnecessary expense if he apprehended that its place was so soon to be supplied by the rope?
His countenance bore no marks of his previous imprisonment. He was as fresh and healthy and his eye as bright, as if he had all the time been out on bail. When his case was called on, insteasd of shrinking under the general buz that his appearance excited, or turn ing pale at the plurality of crimes of, which he was arraigned, he manfully looked the danger in the face, and put in action every resource within his reach to avert it. Having dispatched a messenger to bring in O'Connell from the other court, and beckoned to his attorney to approach the dock side, and keep within whispering distance while the jury were swearing, he " looked steadily to his challengers," and manifested no ordinary powers of physiognomy in putting by every juror that had any thing of "a dead, dull, hang look." He had even the sagacity, though against the opinion, of the attorney, to strike off one country gentleman from his own barony, a friend of his in other respects, but who owed him a balance of three pounds for illicit whiskey.
Two or three sets of alibi witnesses, to watch the, evidence for the crown, and lay the venue of his absence from the felony according to circumstances, were in waiting, and, what was equally material, all tolerably sober. The most formidable witness for the prosecution had been that morning bought off. The consideration was a first cousin of Larry's in marriage, a forty-shilling free-hold upon Larry's farm; with a pig and a plough to set the young couple going. Thus prepared, and his counsel now arrived, and the bustle of his final instructions to his attorney and circumstanding friends being over, the prisoner calmly committed the rest to fortune, resembling in this particular the intrepid mariner, who, perceiving a storm at hand, is all energy and alertness to provide against its fury, until, having done, all that skill and forethought can effect, and made his vessel as "snug and tight' as the occasion will permit, he looks tranquilly on as she drifts before the gale, assured that her final safety is now in other hands than his.
'
The trial went on after the usual fashion of trials of that kind. Abundance of hard swearing on the direct; retractions and contradictions on the cross-exammations. The defence was a masterpiece. Three several times the rope seemed irrevocably entwined round poor Larry's neck — as many times the dexterity of his counsel untied the Gardian knot. From some of the witnesses he extracted that they were unworthy of all credit, being notorious knaves or process-servers. Others he inveigled into a metaphysical puzzle touching the prisoners identity — others, he stunned with the repeated blows of the butt-end of an Irish joke. For minutes together the court and jury and galleries and dock were in a roar.
However the law on the facts of the case might turn out, it was clear that the laugh at least was all on Larry's side. In this perilous conjecture, amidst all the rapid alternations of his case— now the prospect of a triumphant return to his home and friends, how the sweet vision abruptly dispelled, and the gibbet and executioner staring him in the face — Larry's countenance exhibited a picture of heroical immobility. Once and once only, when the evidence was rubbing in a full tide against him, some sigus of mortal trepidation overcast his visage. The blood in his cheeks took fright and fled — a cold perspiration burst from his brow. His lips became glued together. His sister, whose eyes were riveted upon, him, as she hung from the dock-side, extended her arm and applied a piece of orange to his mouth. He accepted the relief, but, like an exhausted patient, without turning aside to see by whose hands it was administered.
At this crisis of his courage, a home thrust from his counsel floored the witness who had so discomposed his client; the public buzzed their admiration, and Larry was himself again. The case for the crown having closed the prisoner's counsel announced that he would call no witnesses. Larry's friends pressed hard to have one at least of the alibi's proved. The counsel was inflexible, and they reluctantly submitted. The case went to the jury loaded with hanging matter, but still not without a saving doubt. After long deliberation, the doubt prevailed. The jury came out and the glorious sound of " not guilty, " an-nounced to Larry Cronan that for this time he had miraculously escaped the gallows. He bowed with undissembled gratitude to the verdict. He thanked the jury. He thanked "his lordship's honour." He thanked his counsel- — shook hands with the gaoler — sprung at a bound over the dock, was caught as he descended in the arms of his friends, and hurried away in triumph to the precincts of the court.
He was paraded through the main street of the town on his return to his barony. The sight was enough to make one almost long to have been on the point of being hanged. The principal figure was Larry himself advancing with a firm and buoyant step, and occasionally giving a responsive flourish of his cudgel, which he had already resumed, to the cheerings and congratulations amidst which he moved along. At his sides were his wife and sister, each of whom held the collar of his coat firmly grasped, and dragging him to and fro, interrupted his progress every moment, as they threw themselves upon him, and gave vent to their joy in another and another convulsive hug.
A few yards in front, his old mother bustled along in a strange sort of a pace, between a trot and a canter, and every now and then, discovering that she had shot too far ahead, pirouetted round, and stood in the centre of the street, clapping her withered hands and shouting out her estacy in native Irish until the group came up, and again propelled her forward. A cavalcade of neighbours, and among them the intended alibi witnessses, talking as loud, and looking as important as if their perjury had been put to the test, brought up the rear. And such, was the manner and form in which Larry Cronan was re-conducted to his household gods, who saw him that night celebrating in the best of whiskey and bacon the splendid issue of his morning's pitched battle with the law.
ASIDES
Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842), Friday 15 June 1827, page 3
Roger McClare(accessory to murder), James Lynch (murdered), Robert Burke Chief Constable
No credit.. Rose Quin, Thomas Quin
John Robinson, Poundkeeper..near the New Bridge, Cowpasture River
Ann Kelly, (Ann Waling on Certificate of Freedom), Daniel Kelly
ASIDE
Colonial Times (Hobart, Tas. : 1828 - 1857), Tuesday 25 March 1834, page 6
The Austraian Star. 2 Sept 1902
Images courtesy of Pixabay
