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Hunter River Gazette, 18th December 1841:
“NEWCASTLE.
“We are promised the returns from the Gaol, and from the Custom’s officer, for which we beg to return our thanks to the officers at the head of those establishments......
“Public Works. - Major Barney visited Newcastle on Saturday last, to inspect the works, and he expressed satisfaction at the manner in which they are proceeding. He has ordered a distribution of the iron-gang men who were employed en masse on the Military Barracks and they are now employed on the breakwater’s ballast wharf leaving forty to complete the parade ground.
“POLICE.
“WEST MAITLAND, TUESDAY, DEC. 14, 1841.
“Before E. D. Day, Esq., P.M.
“Five prisoners of the Crown attached to the stockade, namely, Fowler, Wingate, Long, White, and N ilan [sic], were finally brought up in order to their committal under a charge of robbing Captain Horsley, near Hexham, on Sunday morning, the twenty-first of November last, of sundry articles of wearing apparel, trinkets, &c. The circumstances attendant upon this daring outrage were the following. On the morning in question, Captain Horsley was awoken by the furious barking of the dogs in the yard, and upon getting up, he found his premises surrounded by armed men, who threatened unless they were instantly admitted to fire into the house. He accordingly opened the door and let them in, upon which, while one stood over him with a musket pointed to his breast, the others ransacked the premises, carrying off the articles produced and now identified by Captain Horsely. Various circumstances subsequently occurred attaching very strong suspicions to the prisoners, and in particular a man named Frank. McEnroe [sic] observed two of them plant the stolen articles in the bush, upon which he gave information to the constables, who found them as he stated. The prisoners made no defence and were fully committed.
“LOCAL NEWS.
“Road Gang. - A petition to His Excellency has been got up by the inhabitants of Maitland and forwarded for presentation, praying that the Governor would give orders for the continuance of the Road Gang at present engaged in forming the streets of the town, until they are thoroughly completed. We have no doubt, considering the reasonable nature of this request, that it will at once be acceded to.”
Hunter River Gazette, 25th December 1841:
“LOCAL NEWS.
“Constabulary. - On Saturday last, the Police Magistrate enquired into the nature of a complaint which had been preferred against a district constable named Armstrong, who had without any sufficient cause, entered into a private residence and grossly insulted the inmates assembled to celebrate the festivities consequent upon a wedding. Armstrong, after being severely reprimanded. was dismissed from his office in the police. We hope this will operate as a warning to all constables, who ought to know that a strict discharge of their duty is perfectly consistent with civility.
“Convicts. - There is much talk in Sydney of a meeting for the purpose of petitioning the Home Government to send out Convicts again to this colony. Although we do not recommend the measure absolutely, we think the country gentlemen, who are most interested in it, would do well to turn their attention to the subject.
“POLICE.
“WEST MAITLAND, MONDAY, DEC. 20, 1841.
“Before E. D. Day. Esq., P.M.
“William Moore, assigned to Mr. Sempell, was charged with absenting himself from his master’s premises without leave. The prisoner made no available defence, and was sentenced to ten days’ imprisonment on bread and water.
“John Bacon, assigned to Mr. Marshall, was charged with general carelessness; and refusing to do his work as a shepherd. The prisoner pleaded illness, and in the absence of a doctor’s certificate to substantiate or refute his statements, his Worship refused to adjudicate in the case and postponed until the opinion of a surgeon could be obtained. It subsequently appearing that the prisoner’s plea of indisposition was well founded, he was discharged.
“EAST MAITLAND, TUESDAY, DEC. 21, 1841.
“Before E. D. Day, Esq., P.M.
“A prisoner named Riley, assigned to Mrs. Wood, was ordered to be returned to the Government, having been found perfectly useless in private service.
“William West, prisoner for life, last assigned to Mr. McDougall, was charged with absconding from his master in the month of January or February last. This was the second time he had been in the .... The prisoner made no defence, and when asked where he had been said that he had bee working with the sawyers on the Clarence. Sentenced to be worked in irons for twelve months.
“NEWCASTLE.
“MISREPRESENTATION. - Willaim Honoti, a prisoner of the Crown, who had reported himself to be a free man, and sentenced by the Bench to six month’s in Irons, it appearing by the returns of the Principal Superintendent of Convicts Office, that he had been convicted of robbery at Berrima, which he wished to evade when he reported himself.
“ONE OF THE FREE AND EASY CLUB. -A prisoner of the Crown, attached to the Post Office Establishment, was placed at the bar of the Police Office on Tuesday last, charged that he simply told his officer that he would not do certain work, having a preference for an easier job. It appeared that he was an old offender, and was sentenced to be worked three months on the treadmill.
INSUBORDINATION. - A man attached to the hospital, charged before the Bench with insubordination, told the Bench that he wished to be turned into Government, as he did not like his then employment. He was an old offender, and was sentenced to receive seventy-five lashes. (we realyy think in all cases of this sort which come before the Bench the utmost rigour ought to be used. Many and many emigrants would be glad to get the easy, well-fed places of many of these gentry who seldom ‘turn a hair’ in Jockey phraseology, and who have to toil hard for a less sum than what these fellows can afford some way or another. [sic]
“SYDNEY EXTRACTS.
“Runaways from the Factory. - On the evening of the 8th instant, it being very wet, Mrs. Cochrane, the matron of the Factory, anxious, no doubt, to get as speedily as possible to the comfortable enjoyment of her own snug parlour, let the female prisoners into the dormitory from the yard, without counting them. Seeing this, three women managed to secrete themselves in the yard, and it being wet, there was no chance of any of those vigilant guardians of the softer sex, who watch over the safety of their frailer daughters, going out into the pouring rain to look if any were behind. When night came on, and all was quiet, the three runaways breaking open the store, and taking out a quantity of rope, made a kind of ladder to the end of which one of these heroines attached her petticoat, filled with stones; this they threw over the top of the walls, and the petticoat catching in the chevaux de frize at the top, they were enabled to scale the wall with little difficulty, and to get clear off.The names of the women are Anne Murray, per Whitley, seven years, last assigned to Mrs. Moore, of George-street, Sydney; Mary Quin, per Isabella, last assigned to Mr. Bennett, of Parramatta; and Caroline Carter, per John Renwick, last assigned to Mr. Hopkins, of the Market Wharf, Sydney. - Ib [Gazette]”
Hunter River Gazette, 1st January 1842:
“LOCAL NEWS.
“Stockades. - The frequent commission of crime by prisoners attached to the stockades in the neighbourhood, would lead us to infer that the vigilance exercised at these establishments is of a very lax character and inconsistent with the safe custody of the prisoners. The enforcement of a more strict system of discipline is required.
“The Lock-up. - The disgraceful state of this edifice is really unbearable. Let any one imagine a building composed of slabs, every particular one of which is more or less inclined from the perpendicular, but no two of them in the same degree or in the same direction, and let a person farther imagine this crazy domicile denuded of one half of its bark roof, thus exposing the poverty of its interior decorations to the rude comments of every passenger; and a tolerably correct idea of its appearance and accommodations will be obtained. Why it has been allowed to remain so long in this miserable condition we cannot conceive, but it is now time that a substitute was found. Some years ago, a sum of money was appropriated by the Council for building a lock-up with accommodations for holding an occasional Police Court in this township. The contract for this building was actually taken at the sum of L550, but it was found that the intended site occupied the very centre of a public road, and consequently the building could not be proceeded with at least on the spot proposed. This trifling difficulty it appears was quite enough to set aside the scheme. Nothing has since been heard of it, and we are afraid that under present circumstances any attempt to obtain the money for the purpose for which it was originally appropriated would be utterly hopeless, Something, however, must be done - and that speedily; otherwise, the first refractory prisoner may lay the whole fabric in the mud.
“The Road Gang. - We understand that His Excellency has given orders to cotinue the prisoners at present employed on the Maitland roads until they are completed.
“POLICE.
“EAST MAITLAND, TUESDAY, DEC. 28, 1841.
“Before E. D. Day. Esq., P.M.
“The business of the morning commenced with an inquiry into the merits of the several cases of more than the usual Bacchanals, who in keeping their Christmas holidays thought it would be becoming in them to get drunk. The accordingly appeared to have had a jolification and no mistake. Such an array of dissipated haggard looking countenances we have rarely witnessed. These gentry were also living examples of the ‘various turns of fate below,’ and their appearance indicated how utterly evanescent is all sublunary felicity. Within a few hours they had experienced the wild excitement of drunken sociality, the cold retirement of the lock-up, and now many of them were to taste the scorching inactivity of the stocks. If such a round of chamge were not sufficient to teach us the uncertainty of all things human we not what could produce that effect. It affords also another illustration of the celebrated axiom of Napoleon, namely, that from the sublime to the ridiculous there is but a single step. We do not feel inclined to publish the names of the various individuals who did penance in purse and person for their Christmas debauch, and shall only mention that the stocks were full, and the Exchequer of the Police Office received a welcome and necessary augmentation of assets from the efforts made by these hard drinking men to keep up the usual and becoming hilarity of the season.
“Robert Rochester, a convict assigned to Mr. George Furber, was accused by a ticket of leave holder named John Ewing of robbing him of the sum of twelve shillings in silver, on the evening of Saturday last. In support of Ewing’s statement, a man named Peacock whose countenance bore evident marks of his having been engaged in a recent row, and whose tremulous and nervous frame equally betokened a long but unequal conflict with the demon of drink, came forward and so far substantiated his statement as to feel warranted in swearing that, upon Ewing calling out ‘murder,’ he observed Rochester running away from him. The case therefore upon the depositions of these two honourable men assumed a very pretty aspect. They had sworn it into something like legal shape, and they no doubt expected a conviction to follow as a matter of course. Happily for the prisoner and also for the cause of justice, his innocence of the charge was satisfactorily established by the evidence of two witnesses of whose testimony there could be no doubt. Messrs. Furber and Watson both positively swore that, at the period stated Rochester was in Mr. Furber’s house, and that it was absolutely impossible he could have been guilty of the aggression stated by Ewing and his witness Peacock. They moreover established the important fact that this precious pair were in such a state of hopeless drunkenness as rendered it quite impossible for them to know what was going on. Rochester was accordingly discharged, and Ewing and Peacock who had shewn themselves to be possessed of such India rubber consciences, were deprived of their tickets, and cautioned as to their future behaviour.
“William Kettling, employed in the road gang near Mr. Lang’s station, and William Dormond, assigned to Mr. John McDonald, were apprehended by a constable in the domicile of a certain Mrs. Shaw, who is the mistress of an establishment of very questionable reputation in the town of East Maitland. The prisoners in their defence said that they merely stepped in to light their pipe, an excuse by the way which has so often been urged by this class as to have become quite ridiculous. They moreover attempted to pass themselves off as free men. They were sentenced to receive fifty lashes each.
“John Paddock, assigned to Mr. Baldwin, and Mary Jones, assigned to her husband, were apprehended by a constable, under circumstances which considreing their relative position in society, were to say the least of them extremely suspicious. It appeared that the two prisoners had made arrangements for passing the evening, in what they no doubt considered a very agreeable manner. With this intention they had repaired deep in the night of Monday last, to a house kept by a person named Hutton, armed with a bottle of such dimensions as night well serve to keep care in abeyance for a few hours. Human life however is fertile in disappointments. While the two sat hob-nobbing over their liquor, talking of the dangers and hair-breadth escapes which they had surmounted, and in particular how they had circumvented the constables, one of these worthies, who chanced to pass at the time, on hearing his calling so irreverently mentioned, walked without ceremony into the apartment, and instantly took measures for transporting the pair to the lock-up. When placed at the bar, they were confronted with the bottle containing their unfinished tipple which the constable, with commendable forethought had carried away as an important witness in the case. With this damning proof of guilt staring them in the face any attempt at denial would have been useless. They accordingly made none. mrs. Jones shed an abundance of tears, but whether proceeding from sorrow for her indiscretions, or caused by viewing the fatal bottle and the reminiscences which it must have occasioned we forbear to say. Paddock was sentenced to receive fifty lashes, and Mrs. Jones sent to Newcastle for fourteen days on bread and water.
“NEWCASTLE.
“THE POLICE. - It is said that the Governor is thinking of diminishing the constabulary force in Newcastle. The present strength of the police is four. Out of these one is always on duty conveying prisoners to Sydney, one is resting after his return from Sydney, which leaves the whole duty of the town on the shoulders of the chief and one other constable. Now looking alone to the body of men employed on the Agricultural Company’s Mines, who cannot be expected to be the most orderly set in the world, it is little better than a farce to expect that order can be kept two men, who are not able to intimidate the black people, who congregate in the town, and behave most indecently. It is to be hoped that our informant has mistaken the subject, and that His Excellency is rather thinking of adding to the police force than of diminishing it.”
Hunter River Gazette, 8th January 1842:
“LOCAL NEWS.
“The Iron-Gang. - An anonymous correspondent writes to us that, while free people are frequently fined for being found bathing within certain limits on the river, the prisoners composing the chain gang, are permitted and even compelled to do so. We know not indeed whether this be the case, but provided they select proper times and places, we think that all classesof people should be encouraged to bathe as frequently as possible.
“SCONE.
“I have not heard what success our worthy chief constable met with at Murrarundi, whither he has gone, it is said, to apprehend and bring to Scone a few of those who might become a little merry during the races, should their twenty-one shilling not be forthcoming. The inhabitants here are perpetually annoyed by this officer, for whose presumptuous and vexatious interference with them they can obtain no redress.”
Hunter River Gazette, 15th January 1842:
“LOCAL NEWS.
“Police Court. - The course of business before the Police Court is almost constantly delayed from the want of a second magistrate to sit on cases where one by the law cannot adjudicate. gentlemen are to apt to consider the privilege of affixing the letters J.P. after their names, to be an empty honor with no duties attached to; but this, we apprehend, is not the way in which the Governor, when he confers the appointment, expects them to view it. When they accept the distinction which the office confers, the public have a right to expect that they should devote some part of their attention to make themselves acquainted with their public duties, and also a portion of their time when occasion requires them to discharge them. At present, so careless are they in this respect, that it is frequently necessary to postpone cases to the succeeding day, because the presence of a second magistrate cannot be obtained; and otherwise a great deal of time is often wasted waiting until it suits their convenience to attend. To people who cannot, without great inconvenience, waste evn half an hour in idleness, this is a source of very great hardship.
“Convicts. - We think it would be no more than reasonable, considering the severe penalties inflicted upon publicans who may inadvertently supply individuals of this class with liquor, that they should be compelled to wear some distinguishing badge by which their status may be known. At present it is often impossible from their dress and appearance to discriminate them from free men, and accordingly they have it in their power, by imposing upon innkeepers, and afterwards laying information against them, to subject them to great annoyance and trouble, besides considerable pecuniary loss. All this admits of a very simple remedy - nothing more being required than to render it compulsory upon prisoners to wear some insignia of their quality, upon pain of punishment if found divested of it.
“POLICE.
“EAST MAITLAND, TUESDAY, JAN. 11, 1842
“Before E. D. Day. Esq., P.M.
“John Peters, assigned to Mr. Crofton, brought a complaint against his master for not serving him with sufficient slops, &c. Peters, who is a man of color, and something of what is called among his compeers a sea lawyer, stated his grievance in a long speech which had every embellishment but truth to recommend it. His appearance was a sufficient proof that the principal part of his complaint, namely, an insufficient supply of slops, was groundless, since he was rigged out in very respectable toggery. The complaint was dismissed.
Samuel Wilkinson, assigned to Mr. Marshall, was brought up under suspicion of having stolen some fruit from his master’s garden. Nothing appeared to directly implicate the prisoner in the charge, and he was therefore dismissed.
“James Benson, another prisoner of the Crown, also in the service of the above establishment, was brought up under a charge of having lost a sheep from the flock of which he had charge. Benson making no available offence [sic], was sentenced to undergo a punishment of fifty lashes for his neglect.
“Lewis Hutton, of West Maitland, was accused of harbouring a prisoner of the Crown illegally at large. The chief constable, and Tonge, watch-housekeeper, stated that Hutton had been long notorious as the keeper of a disorderly house. It appeared that he retained three or four women on his premises, and altogether the establishment was one of the most imfamous description. Hutton urged nothing in his defence, excepting that he was tipsy and in bed when the occurrence took place. He was ordered to pay a fine of ten pounds, or in default to undergo two months imprisonment in Newcastle gaol.
“NEWCASTLE.
“Public Works. - Mr. Brown, the Superintendent of works, visited Newcastle this week for the purpose of inspecting the government buildings going forward in the town under the superintendence of Messrs. Richardson and Hudson. Mr. Brown perfectly approved of the works, which are substantially, well and neatly built, and, under the final arrangement of the Ordnance department, by the superintendence of Lieutenant Frazer, who has employed the iron-gang to complete those works which were not contracted for. They are highly ornamental to the town. The new wharf (or ballast wharf) will make a capital one, being shut in from the south-easterly gales as well as the westerly winds. Vessels can lie on either side of the wharf (when completed), secure from stress of weather - and not only vessels of small burthen, but those of large tonnage. The wharf will be completed in the course of a month or two.
“Shameful ! - On Friday last four men were put on board the steamer. They were literally put on board - two had to be carried - and one of them died about an hour thereafter ! Major Crummer, upon receiving information of the circumstance from the chief constable, immediately went to the hospital, where the body was deposited, and held an examination into the cause of his death. The three men who were put on board at the same time with the deceased, and the soldier who was in charge of the four, all gave the same deposition : ‘That the man was in a perfect state of exhaustion when put on board - and that he died about an hour after.’ The man who died, with another man, belonged to the West Maitland stockade. The fact, as it appeared was, simply that the unfortunate deceased was worked off his legs, and, when within an hour of his death, was put on board the steamer to receive medical treatment at Newcastle ! The matter may possibly admit of some explanation - we hope it may; we only give the facts as they were detailed in evidence.”
Hunter River Gazette, 22nd January 1842:
“POLICE.
“EAST MAITLAND, TUESDAY, JAN. 18, 1842.
“Joseph peacock appeared to answer a summons accusing him of harbouring a convict illegally at large. The behaviour of the individual whose apprehension in Peacock’s house had brought this charge upon him and was of such an audacious character that it may not be uninteresting to allude to it. It appeared that Mr. Wiseman had despatched his assigned servant with a carriage and a pair of horses from Wollombi to the Green Hills. On arriving at Maitland the fellow appropriated to his own use some money belonging to his master, on the strength of which he drove about from one public house to another on the road, the interior of the vehicle being occupied by a female - the first of her family, we may presume, that had enjoyed such an honour. After their drives the pair recreated themselves in the house of Peacock, which was otherwise noted for disorder. The defendant pleaded the usual excuse, that he did not know his guest was a prisoner. Fined L3.
“SCONE.
“I wish you would enforce, in as strong terms as you possibly can, the necessity of Mr. Robertson (which is police magistrate and commissioner of the court of requests at this place) residing constantly in the town, instead of at Musswell Brook. This choice of residence is most convenient to the public interests. If an execution be required for the court of requests, it cannot be obtained, except on court days, unless by going a distance of thirty-two miles. His Excellency should look to this, and redress it. If judgement be obtained and execution taken out, our bailiff refuses to execute the writ unless property be pointed out to him on which he can levy; and unless we appoint special bailiffs to take defendants to gaol we are defied. many persons would apy if arrested, who never think of it so long as their persons are untouched. Our chief constable, who also officiates as bailiff, does as he likes - and every petty whipster follows his example. It is useless to apply to headquarters, since we are not there likely to obtain redress.
“CORRESPONDENCE.
“NEWCASTLE.
“To the Editor of the Gazette.
“SIR, - In your article headed ‘Newcastle,’ of this date, I perceive, with reference to the public buildings which Mr. Browne is reported to have visited, a very great misstatement of facts; for, so far from Messrs. Richardson and Hudson having the superintendence, they are the contractors for executing the works as ordered by the Commanding Royal Engineer, through Mr. Rees, of the Engineer department, who alone has had the sole superintendence and direction from the commencement of the new barracks, excepting the foundations of two wings which were put in under the personal directions of Lieutenant Lugard, of the Royal Engineers. ‘The final arrangement of the Ordnance department, by the superintendence of Lieut. Fraser,’ is an anomaly understood by every resident of the town, as Lieut. Fraser has no connexion whatever with that department, and the employment of the iron-gang is merely for the purpose of removing such portions of the hill as to allow the progress of the out buildings, as directed by Mr. Rees. - The motive of my trespassing upon your time is, from such statements having a tendency greatly to mislead the friends of parties connected with the subject, when your paper is read at the distance of home. Trusting you will allow this a space in your journal, I am, Sir, your obedient servant,
“AN EARLY SUBSCRIBER.
“Newcastle, 15th January, 1842.”
Hunter River Gazette, 29th January 1842:
“POLICE.
“EAST MAITLAND, TUESDAY, JAN. 18, 1842.
“Before Rinalde Scheberras, Esq., J.P.
“James Gurney, assigned to Messrs. Hughes and Izetts, was accused by his overseer, Joseph Smith, with insolent bearing and disobedience of orders. Smith’s complaint was not by any means well defined, the charge of insolence being always vague unless particular instances are detailed. The whole affair seemed to have arisen from his not supplying the prisoner with slops according to the regulations, and afterwards refusing or delaying to grant a pass when Gurney wanted to aly a complaint before the bench. The state of the fellow’s habiliments, ragged and miserable in the extreme, certainly corroborated his statement in regard to the deficient supply afforded him. In estimating the merits of the complaint we were glad to find that his worship took that view of it which justice and humanity alike recommended. The prisoner was discharged.
“NEWCASTLE.
“From our Reporter.
“The Army. - On Tuesday last, a detachment of Her majesty’s 80th Regiment arrived in the Rose steamer, to relieve the men now on duty here.
“Detention of the Steamer Rose. - A dense fog came down on the river as this vessel was in the act of hawling [sic] off the wharf to proceed on her trip to Maitland on Monday morning last, owing to which she unfortunately ran aground on one of the shoals, in a position that appeared as if she intended to steam it through the bush as a shorter route by which to reach her destination. The Thistle tried to get her off, but without effect; she was, however, relieved the next flood tide.
“The Troops. - The detachment of troops which had been stationed here for a considerable time, and which were relieved on Tuesday, embarked on the same morning for Sydney on board the Thistle. They leave Newcastle with the best wishes of the inhabitants, and we can only hope that those who come in their place will be as deserving of their esteem. Captain Frazer endeavoured so far as he was able to supress the too free indulgence of the men during the parting scene, but notwithstanding his utmost care, most of them became intoxicated before they could be got on board.
“POLICE. [Newcastle]
“Before J. H. Crummer, Esq., P.M.
“January 25. - Peter Sullivan, assigned to the Harbour Master, was brought up accused of using grossly insulting language to Captain Biddulph. The offence was clearly proved, and the prisoner sentenced to two months labour on the tread mill. The sentence, it is hoped, will teach him the value of submission and civility to his superiors.
“James Cunningham, an assigned servant to Mr. John Smith, was charged with being drunk on the evening of Sunday last. He was sentenced to seven days confinement in the Cottage of Reflection, to be strictly confined during the whole period to a fever diet.
“John Richards and Peter Hargraves, belonging to the Agricultural Company, who, like most people during these excessively hot days, preferred ease to labour, were accused of absenting themselves without permission from their work. To gratify their slothful propensity, they were sentenced to fourteen days confinement in the cells.”
Hunter River Gazette, 5th February 1842:
“Assignment. - A few of the Sydney Journalists have, since Mr. McArthur’s celebrated recantation in the Legislative Council, again proposed a recurrence to transportation and assignment. We are persuaded that this system has been abrogated never again to be revived in this colony, and therefore its discussion is now useless, and can be productive of no good whatever. The attempt to re-establish it is therefore perfectly hopeless, and we are not sorry for it. Its continuance was only calculated to keep alive ill feeling and invidious distinctions among the general mass of the population, which we hope now that it is extinct, will be gradually smoothed down and forgotten. At the same time we think that the data upon which its abolition was founded, utterly incorrect; and that the proper precautions were not adopted in introducing a change in the circumstances of the colony of a nature so extensive. The transition ought to have been more gradual, and then it would not have been so severely felt. The country is now becoming gradually reconciled to the change, and no good purpose can be served by again dragging the question before the public, for we are well convinced that transportation and assignment, as far as regards this colony, have ceased for ever.
“POLICE.
“EAST MAITLAND, TUESDAY, FEB. 1, 1842.
“Dennis Cremar, a prisoner of the Crown, employed in the road gang stationed at Morpeth, was also called upon to answer a charge of drunkenness. District constable Kelly stated, that he apprehended the prisoner on the evening of Sunday last, lying drunk in the streets of Morpeth. The prisoner had been previously punished, and he was now sentenced to receive fifty lashes.
“Patrick Travers and William O’Donnell, prisoners of the Crown, assigned to Mr. Hudson, were charged, the former with absconding from his master’s service, and the latter with harbouring him. The circumstances brought out in the evidence were the following : - William Dunn, a prisoner of the Crown assigned to Mr. Hazard, but employed by Mr. Hudson, reported to the latter gentleman that Travers was harboured by O’Donnell, and that he had heard them in the night of Tuesday last planning a robbery on the premises of a person residing on the Patterson; they accordingly went on the night in question for the purpose which they had concerted and returned a little before daybreak on Thursday morning. In the meantime Mr. Hazard, who had been informed of their absence, called frequently at the hut during the night to ascertain the period of their return, but without effect, until about daybreak, when on again visiting the premises he found the prisoners inside; Travers in the first instance gave himself up, but afterwards seized an opportunity and bolted into the bush. Mr. Hazard upon this discharged his musket and hit him in the arm; he escaped at the time however, but was subsequently during the same day apprehended by two constables between twelve and one, in a hut on the road leading to Mr. Hudson’s farm. The prisoners made no available defence and were sentenced to be worked in irons for a period of twelve months, and thereafter to be returned to their service - Travers to be sent to hospital until his recovery.
“NEWCASTLE.
“State of the Gaol, February 1. - Number of prisoners, 90 men and 53 women, of whom 72 are for trial before the Quarter Sessions at Maitland on the 1st March, and Circuit Court on the 7th. Among this number is His Grace the black Duke of Wellington, who is to be tried on a charge of injuring Her Majesty’s white lieges.
POLICE. [Newcastle]
FEBRUARY 1, 1842.
“Before J. H. Crummer, Esq., P.M. and Lieutenant Fraser, J.P.
“William Hargraves assigned to the A.A. Company, after having been three times remanded to produce his witnesses, for the purpose of upsetting the charge brought against him for absenting himself from his work without permission, was sentenced to three month’s to the treadmill.
“Thomas McKenny, an incorrigible offender, was brought up charged with breaking out of No. 3 stockade at Newcastle, while serving a sentence of three years in heavy irons; he was ordered to undergo an additional twelve months labour in irons. This man has since been sent to Nobby’s Island for greater security.
“CORRESPONDENCE.
“MORPETH.
“To the Editor of the Gazette.
“SIR - It is an old adage, that it of no use to have a friend if you do not make use of him in time of need. I therefore, through the medium of your valuable columns, and at the request of several of your subscribers, beg of you to inquire, under whose surveillance are the men composing the road party at Morpeth ? In self-defence I am compelled to ask this question, for independently of having suffered by their perfectly unrestricted proximity, and as there is no control over their motions, night or day, the scenes of drunkenness, rioting, and fighting that frequently occur among them, on the Sabbath more particularly, call loudly for the interference of the authorities. By noticing this grievance in any way you may deem proper, you will much oblige
“AN INHABITANT.
“Morpeth, January, 1842.”
“SYDNEY EXTRACTS.
“Transportation. - We understand that a few influential gentlemen had a meeting on Thursday, Alexander McLeay, Esq., in the chair, to take into consideration the propriety of calling a meeting for the purpose of obtaining a demonstration of public opinion against the revival of transportation. Some discussion took place upon the matter; and also whether it would not be advisable to take the same opportunity of addressing the British Parliament upon the subject of a Representative Legislature. Some of the gentlemen present resolved themselves into a committee to consider this point, and prepare the business for a public meeting, which we understand will be called for on an early day, as nay petitions or documents intended for the information of Parliament, at the approaching session, should leave Sydney by the end of February. - Herald.”
Hunter River Gazette, 12th February 1842:
“POLICE.
WEST MAITLAND, MONDAY, FEBRUARY 2.
“John Peters, a West Indian black, assigned to Mr. Crofton, was charged with insolence and gross disorderly conduct. Peters had been lately before the court, but his previous punishments had produced very little amendment in his conduct. Sentenced to receive fifty lashes.
EAST MAITLAND, TUESDAY, FEBRUARY 8.
“John Kelly, a convict employed in the road party at Mr. Lang’s, and James Stewart, attached to the Morpeth gang, were accused of drunkenness, having been apprehended in that state in the street, using very violent language. Both parties had been previously punished. In this case they were sentenced to receive one hundred lashes each.
“John Peters, who was convicted of insolence and turbulent behaviour yesterday, was again placed at the bar, charged with assaulting Mary Plunkett, servant to Mr. Crofton. Complainant stated that Peters had frequently struck her without any provocation, and that, simply on account of his rude and tyrannical behaviour, her situation was rendered very uncomfortable. Peters stated in his defence that the whole affair arose from jealousy, the complainant being spitefully incited towards him from a suspicion that he bestowed his attentions on other nymphs. This assertion, coming from a man of the appearance and condition of the prisoner, created considerable merriment in the court. He was sentenced to be worked in irons for twelve months, and thereafter be returned to government, his master declining to receive him back.
“NEWCASTLE.
“Female Factory. - There are a number of women assigned in the factory here at present, and among them many laundresses. Should any servants of this description be required by families, the present is a good time to apply for them. Free or ticket-of-leave men, desirous of entering into the matrimonial tie, will also have a full house to chose from. From the crowded state of the wards we have no doubt many of the inmates would gladly avail themselves of an opportunity to exchange their present state single blessedness, for the chance of contributing to to the happiness of any member of the masculine sex, who will take the necessary steps to gain their affections. Many of them, we have no doubt, judging from their age and appearance, possess the sentiments of Milton’s Eve.
‘They would be woo’d and not unsought be won,’
although we have reason to believe in their case, equally as in that of the ‘mother of mankind,’ the courtship would neither be protracted nor a difficult process.”
Hunter River Gazette, 19th February 1842:
“The Streets. - The Road-gang have been for some time employed in throwing a rough bridge across a hollow, situated near the northern extremity of the town, and in cutting down the adjacent elevation, with the earth from which, the hollow is being filled up. This will much improve the street, as the work has been very judiciously pursued. Indeed, it is only justice to say, that the operations of the road-gang stationed here, are better directed, and they get over a great deal more work, than we have ever witnessed in any other part of the Colony where we have been.
“NEWCASTLE.
“The Gaol. - State of Her Majesty’s gaol on the 16th instant : - Males 111; females 53; total 164. Of this number there are 83 for trial at the next Quarter Sessions and Circuit Court to be holden at Maitland. Fryingpan, an aborigine, is one of the number, for spearing cattle. A great deal of credit is due to the governor of the gaol for the tact he displays in the management of his department, only for which, from the crowded state of all the wards, a pestilential fever must have prevailed.”
Hunter River Gazette, 26th February 1842:
“NEWCASTLE.
“The Gaol. - State of Her Majesty’s Goal on the 23rd February, 1842. Men, 112; Women, 55; total, 167; for trial, 94.”
Hunter River Gazette, 5th March 1842:
“QUARTER SESSIONS.
“TUESDAY, MARCH 1.
“The sittings of the Maitland Quarter Sessions commenced this day, before W. M. Manning, Esq., Chairman, and a common jury.
“Jane Gallagher, a prisoner of the Crown, tried under the summary jurisdiction of the court, on a charge of stealing, on the 14th November last, one silk shawl and one satin bonnet, the property of Mr. James Thomson, of Maitland. The prisoner pleaded not guilty.
“Grimaldi, a constable in the Newcastle police, deposed that he apprehended the prisoner in Newcastle, and that at the time she was dressed in the bonnet and shawl now produced, which articles were identified by Mr. James Thomson as his property. The prisoner made no defence, further than she was intoxicated at the time. Guilty. Sentence, six months imprisonment in the third class of the female factory at Parramatta.
“Peter O’Hara and John Block, both prisoners of the Crown, pleaded guilty to assaulting Dr. Blick. Sentence, two years in irons.
“Jeremiah Ryan, a prisoner of the Crown, pleaded guilty to a charge of stealing, on the 14th of December last, an order for the sum of L1 sterling. Sentence, transportation to Norfolk Island for the space of twelve months.
“James Dunn, a prisoner of the Crown, was then placed at the bar, charged with assaulting, with intent to commit rape, a young girl named Mary Trimley, aged about thirteen years, at a place called Four-mile Creek, on the evening of 25th December last. The evidence against the prisoner was very clear, and it appeared that unless the father of the girl had arrived to her assistance the prisoner would have effected the criminal purpose which he evidently mediated. The prisoner advanced drunkeness as his only defence. Found guilty, and sentenced to be worked in irons for two years.
“WEDNESDAY, MARCH 2.
“”James Hopwood, was placed at the bar, charged with stealing from the person of a private in the 80th regiment, stationed at Newcastle, on the 17th January last, the sum of two shillings sixpence besides some coppers. The prisoner on the evidence of the prosecutor was found guilty of the charge, and sentenced to be worked one year in irons.
“Patrick Turner, a prisoner of the crown, pleaded guilty to a charge of assault, and was sentenced by the court to be worked in irons for the space of two years.
“Michael Waters, a convict, was charged with committing an assault with a criminal purpose, upon the person of a woman named Rachael bell, wife of Henry Bell, residing near Dungog. The prosecutrix deposed, that on the evening of 27th December last, she went into the bush accompanied by a young man to look for her husband. That on her conductor offering to insult her, she dismissed him, and after a variety of adventures met with the prisoner, who threw her down and proceeded to ill use her. The prisoner was found guilty and sentenced to be worked in irons for six months. The Chairman said that the mildness of the punishment inflicted on the prisoner was owing to the behaviour of Mrs. Bell, which to say the least of it, was excessively imprudent and threw temptations in the way of the prisoner, which certainly, though they did not excuse his offence, might be allowed to have some weight in mitigating his punishment.
“Thomas White, John Wingate, Patrick Neelan, Morris Long, and Henry Fowler, prisoners of the crown, were brought up for trial under the summary jurisdiction of the Court, on a charge of stealing from the house of Captain Horsley, near Hexham; on the 21st November last, various articles of wearing apparel, trinkets, &c.
“Captain Horsley, sworn, deposed that he lives near Hexham; about three o’clock on the morning of the 21st November last he was awoke by the violent barking of the dogs outside; on going to find out the cause of the disturbance, he was met by three men who threatened if he moved they would shoot him; all three had their faces concealed; one of them stood over him with a musket threatening, while the others pillaged the house; recognises Thomas White, as the person who stood over him from his voice; the guns, clothes, and trinkets produced are his property.
Mrs. Horsley - Recollected this morning her residence was robbed; thinks Morris Long is one of the men who entered it on that occasion, and that White was the person who stood over her husband, but would not positively swear so.
“John White, prisoner of the crown, attached to the Maitland Stockade as a cook, knows the prisoners Fowler, Long, White, and Wingate; they lived in the hut with others; heard of the robbery at Captain Horsleys’s; Morris Long told him he was there, and also who else were; purchased one double barrelled gun and a rifle from White, who went to shew him where they were planted; wnet to purchase a chain from White, who had sold it in the interval to Fowler.
“Francis McEoil, prisoner of the crown, had charge of the Government bullocks; while driving them in, saw White and Wingate plant something in a stump in the bush, and on going to examine it with Sergeant Kilgour, found the articles produced.
“Sergeant Kilgour corroborated the statement of the previous witness; William Smith, the holder of a ticket-of-leave, went with the witness White and procured the the guns produced; they were planted in the bush.
“Sergeant Lee, trooper in the Mounted Police, gave White and Smith money to purchase two guns, which they brought him.
“The prisoners called several witnesses for their defence, but only one, a man named Thomas Hall, a blacksmith, appeared; Hall deposed that he worked with Wingate; that he had not missed him during Saturday; might have been absent during a quarter of an hour,
“The Court found the prisoners White, Wingate, Nolan,and Henry Fowler guilty of receiving the property, knowing it to have been stolen; the four former were sentenced to be transported for fifteen years, and the latter Henry Fowler, to be banished to a penal settlement for a term of fourteen years.
“John McDonald, a prisoner of the Crown, was found guilty on a charge of stealing liquor from a dray, and sentenced to be worked six month’s in irons.
“Thomas Bennett, also a convict, was placed at the bar on a charge of assaulting John Parnell, a private soldier of the 80th regiment; not guilty; discharged.
“Richard Hicks and Robert Hampden, prisoners of the crown, assigned to Mr. Sparks, charged with having fire arms in their possession, contrary to the act, and with assaulting a man named Peter Lochlan, near Sparke’s gate, and robbing him of a sum of money amounting to between twenty and thirty shillings.
:The prisoners gave evidence to establish an alibi, but without success; Hicks was found guilty and sentenced to be worked three years in irons; Hampden was acquited.
“Redsall, a prisoner of the Crown, was found guilty of having fire arms unlawfully in his possession, at Merton, on tghe 1st of July last; sentence, transportation for life.
“James Smith, a prisoner of the crown, pleaded guilty to a charge of having fire arms in his possession, From the depositions in the case it appeared that the prisoner had committed various highway robberies of such an aggravated nature, that notwithstanding he had pleaded guilty, the Court felt compelled to pass a severe punishment upon him; he was accordingly sentenced to be transported for the term of his natural life.
‘THURSDAY.
“Dennis Morley, prisoner of the Crown, tried under the summary jurisdiction of the Court, on a charge of cattle stealing was found guilty, and sentenced to be transported for ten years.
“George Barley and James Brown, late constables of Muswell Brook Police, charged with a misdemeanor, in permitting through their negligence the escape of two prisoners named Gibson and McCormick, who were in custody on a charge of bushranging; the prisoners were found guilty of the offence, and Brown was sentenced to to a period of six months imprisonment in Newcastle Goal, and Burley to a period of three.
“LOCAL NEWS.
“Assignment of Prisoners. - We cannot sufficiently commend the admirable manner in which the prisoners brought up for trial are marshalled and arraigned by Mr. Field, the Governor of Newcastle Goal. Notwithstanding the great number of prisoners, and the inconvenience resulting from the want of proper space, Mr. Field’s arrangements are so perfect, that while no delay is caused to the Court from the absence of prisoners, they are arraigned with the utmost promptitude, order, and decorum.”
Hunter River Gazette, 12th March 1842:
“MAITLAND ASSIZES.
“MONDAY, MARCH 7.
“Before His Honour Mr. Justice Burton, and a jury.
“WEDNESDAY.
“John Barron, of Newcastle, indicted on information of the Solicitor General, for the murder of a person named George Kennewall’ lately residing at Newcastle, by inflicting wounds on his person, on the first of January last, in consequence of which he died on the following day. Prisoner pleaded not guilty......
“A prisoner of the crown named Noble, a witness in the above case, who humanely went to the assistance of the deceased after he had been beaten, was brought into court by order of the Judge, and informed by his Honor, that he himself would recommend him for a ticket-of-leave.
“THURSDAY.
“Thomas Homer, assigned to Mr. S. F. Mann, was indicted for the murder of James Stone, the superintendent of Mr. Mann’s station at New England, by shooting him in the thigh on the 29th July last.
“From he evidence it appeared, that on the day named in the indictment the prisoner was seen going towards the hut occupied by the deceased, having a gun in his hand; and that a report was shortly afterwards heard, and on some person proceeding to the hut, Stone was found bleeding profusely from the thigh. The prisoner said, on being questioned as to the deed, that Stone had threatened to take him to court for the purpose of preventing him (prisoner) from obtaining his ticket-of-leave, for which he was due, having served eight years on the station. Some days after wards, when he was in custody, prisoner made a statement that that the gun was a bad one. and went off at half cock by accidnet, whilst the deceased was in the act of pushing him out of the hut; but having thrown the gun into a waterhole, it could not be produced in corroboration of his assertion.
“The jury returned a verdict of guilty, whereupon his Honor passed the sentence of death.
“LOCAL NEWS.
“Escape of a Convict from the Stockade. - On Monday morning last, as the ironed gang stationed at Maitland were brought out to breakfast, two of the men were permitted by the sentry to go to the rear. After having been there for a few minutes, the sentry observed one of them skulking along the fence, and on alarming the guard a corporal ran with his musket towards the spot. The soldier repeatedly called out to the man to return, and he stopped and appeared to hesitate, but while the corporal was looking out for the other, he mounted the fence, and when in the very act of crossing it, the corporal fired and the man fell over into the road. The other convict skirted the stockade and made for a field of maize in the direction of the Sugar Loaf Mountain. He was closely pursued by several of the soldiers; but the nearest to him had no arms, and those behind, it appears, were prevented from firing by the intervention of their comrade between them and the object of their pursuit, otherwise the fellow might have been secured. After he had been lost sight of, he was tracked to a considerable distance. but from the marks it was evident he was fast outditstancing his pursuers. He has not yet been recaptured. The wounded man lies in a very dangerous state, but some hopes are entertained for his recovery. The ball penetrated beneath the shoulder blade, taking an oblique direction and coming out at the muscular part of the left arm.
“Prison Accommodation. - Such are the wretched accommodations provided for prisoners in this town, that there are no separate cells allotted for those unfortunate men on whom the last sentence has been passed. When the just laws of our country impose the punishment of death on those who have been found guilty of heinous offences, Humanity requires that they should be allowed all the advantages which quiet and abstraction from worldly affairs afford, in order that they may be enabled to meet the last contingency of their nature - to die with decency and composure, and to look forward to the future with that hope with which repentance for past crimes can inspire them. Indiscriminate confinement among a crowd of prisoners accused of every species of offence, cannot afford those opportunities for quiet self examination which men placed in such unhappy circumstances require, and therefore we charitably hope that better arrangements may be made for them in future. We have been induced to make these remarks from the circumstances that occurred during the present assizes. The life of unhappy being had been justly forfeited to the outraged laws of his country, but on his removal from the bar after the awful sentence had been passed upon him, instead of being consigned to solitude and quiet in order to reflect upon his painful situation, he was placed in the common ward among a crowd of prisoners. When Justice has pronounced her ultimate doom, Humanity may be allowed to interfere to mitigate the mental sufferings of the criminal, that by repentance he may prepare himself for that dread hereafter which, although certain to all, is fixed to him - The unfortunate man who has given occasion to this paragraph has, we understand, been since removed to Newcastle gaol, where he will be confined in a separate cell, and where every attention will be afforded him.
“NEWCASTLE.
“State of the Gaol, March 5. - For trial, 53 males 2 females; remanded, 1 male; from other stations, 4 males 4 females; transportation, 15 males; treadmill, 1 male; hard labour, 10 males, 7 females; cells, 5 males 1 female; debtors, 3 males; wintnesses, 3 males 1 female; fines, 11 males 2 females; bail, 1 male; assignment 34 females. Total, 107 males 51 females.”
Hunter River Gazette, 19th March 1842:
“MAITLAND ASSIZES.
“FRIDAY, MARCH 11.
“we continue our report of the proceedings before the Circuit Court, from last week.
Edward Priest, was charged with shooting at Lieutenant Ormsly, of the 80th regiment, at Newcastle, on the 28th October last, with intent to commit murder. A second count charged the prisoner with an intent to do some bodily harm.
“The Solicitor General moved that this case be postponed on account of the absence of a material witness named henry Niblett, who had been duly subpoened but was not in attendance.
“An affidavit was then put in on the part of the prisoner, and an application made upon it, that he be allowed bail on account of a large family of children who were entirely dependent upon him for support.
“His Honor on reference to the depositions said, he could not admit of bail, and as the cause of the postponement set forth by the Crown was a valid one, the trial must be postponed to the next assizes.
“His Honor then said that on Tuesday morning, he would hold a Court of Gaol delivery, and gave orders that every person confined in prison who thought he was entitled to be discharged, should be brought before him in order that he might have an opportunity of stating his claims to be released.
“TUESDAY.
“His Honor sat pursuant to adjournment, to hold a Court of Gaol delivery, when the following prisoners who had been brought up from Newcastle in the course of the morning, in one of the steamers, were disposed of.
“Martin Dillon - Discharged by proclamation. His Honor remarking that he should have been tried at last assizes.
“Luke Laycock - Discharged on his own recognizance, for L100, to answer at next assizes.
“John Boyne and Edward Boyne - Discharged at their own recognizance, to appear at next Circuit Court.
“George Glew - Discharged.
“Richard Cox and James Cox - Discharged.
“James Williamson - Convicted of Rape, was ordered to be forwarded to Sydney.
“Richard Boucher - Discharged.
“Henry Olley - Discharged on his own recognizance to appear at the next Quarter Sessions.
“William Jones - Ordered to be discharged on his finding sureties for his appearance at next Sessions.
“Jesse Rossi - Discharged by proclamation.
“Joseph Ralph - Discharged.
“Michael Clerk and _____ Thorn [sic] - Discharged on recognizance to appear at next Quarter Sessions.
“Charles Fitzpatrick - Discharged.
“Edward Ryan - Discharged.
“Mary Birmingham - Discharged upon her finding sureties to appear at the next Sessions.
“John Thompson and McDeed - Remanded.
“Joseph White - To be discharged upon his finding sureties for his appearance at next Quarter Sessions.
“George Davis - Discharged to Hyde Park Barracks.
“_____ Millar [sic], and John Waddington - Discharged on their own recognizances, to appear at next Circuit Court.
“Edward Tucker, John Williams, and John Saunders - These men had remained two Sessions in goal without having been brought to trial. His Honor remarked that their commitment was illegal, being for the indefinite offence of felony - Discharged to Hyde Park Barracks.
“Greenwood - Remanded until next Quarter Sessions.
“George Bryan - Discharged on finding bail to appear at next Quarter Sessions.
“John Fletcher - Discharged on finding bail to appear at next Quarter Sessions.
“William Hughes - Discharged on finding bail to appear at next Sessions.
“Hampden Mansell, and Parker - Remanded.
“William Bourke - Discharged upon finding bail to appear at next Circuit Court.
“George Wilson - Discharged on finding bail to appear next Sessions.
“Michael Connor - Discharged on finding bail to appear next Circuit Court.
“LOCAL NEWS.
“Trial of Prisoners. - During the sitting of the Court of Gaol delivery on Tuesday last, His Honor Justice Burton said in allusion to the number of prisoners discharged owing to carelessness on the part of some of the Government officers in not bringing them to trial within a proper time, that he would recommend all concerned magistrates, witnesses and others, to pursue the habeas corpus act, from which they would perceive the great care taken by the act of the liberty of the subject. It was the right of all prisoners to be brought to trial at the assizes next ensuing after their commitment, and if their trial was postponed it could then be so in the regular mode. They ought always however be arraigned to plead, and if from the absence of witnesses or otherwise, the court saw cause to postpone the trial to the next session it would of course do so.
“Iron Gang. - The convict who some short time ago escaped from the West Maitland Stockade, has been apprehended at Wollombi, and is now in the lock-up at Maitland, on a charge of felony. The other prisoner of the crown who attempted to escape at the same time, but who was fired at by a soldier and severely wounded, while in the act of making off, is still alive, but in a very dangerous and all but hopeless condition.
“NEWCASTLE.
“Gaol Return. - State of Her Majesty’s gaol at Newcastle, March 14 : - For trial, 50 males 2 females; remanded by magistrates, 1 male; for other stations, 3 males; death, 2 males; hard labour, 13 males 5 females; confines, 7 males 1 female; debtors, 3 males; witness, 1 female; cells, 7 males; assignment, 31 females; third class, 3 females. Total, 86 males 43 females.”
Hunter River Gazette, 26th March 1842:
“The Streets. - Under the operations of the road-gang the main street is fast advancing towards a state of completion, and a rumour prevails that so soon as it is finished, the men at present employed on it will be withdrawn. The inhabitants have appreciated as they ought the attention of His Excellency to their request of continuing the men on the streets of this town [West Maitland] after it had been proposed to withdraw them; and we hope he will still further benefit us by giving orders, before the gang is finally removed, for the improvement of several crossing-places over the creeks on the Patrick’s Plains road, which are at present almost impassable, and present the most serious obstacles to communication with the interior.
“St. Patrick’s Day. - On Friday last, at the Police Office, several prisoners of the crown were sentenced to undergo various degrees of corporal punishment in consequence of having indulged too freely in the festivities consequent upon Saint Patrick’s day. We think the masters of these men were very much to blame in granting them passes for that day, since they must have been aware, from knowledge of their previous habits, that they could not fail to commit themselves.”
Hunter River Gazette, 2nd April 1842:
“TRANSPORTATION.
“A Petition has been for some time in the course of signature in Sydney, with what success does not appear, praying for a recurrence to the system of transportation to this colony. The petition has been published in the Sydney Journals, and it recommends the employment of the prisoners solely in the construction of roads and bridges, under the entire control of the Government. As there is not the slightest probability that the prayer of this petition will be granted, it may appear perhaps superfluous to notice it at all; but it seems to us so great an absurdity, to find that the parties who formerly were clamorous for the abolishment of the system, should so very soon turn round and petition for its re-establishment, that we cannot allow it to pass without a few remarks. That the arguments advanced for the discontinuance of transportation were erroneous in so far as they inferred the system to be utterly ineffectual in reforming the prisoners, we have always believed; but now that the alteration has been made, we consider it in the last degree inexpedient to make any attempt to revive it. If it be the object of the petitioners to effect reformation in the habits of the prisoners, experience ought to have taught them that the mode they now recommend to be adopted of retaining them in Government service, must have a tendency to the very reverse of this. The assignment of prisoners to private parties was the only good feature in the system, while the practice of congregating them into crowded barracks and stockades as is now proposed in this new petition, exercises a most demoralizing influence on the convicts themselves, and is fraught with the greatest danger and mischief to the community.
“If the introduction of immigrants into the colony can be kept up in a ratio equal to the demand for their services, it must, we think, be apparent to every reasonable person, that such a legitimate mode of supplying labour is infinitely preferable even in an economical point of view, to the forced services of demoralized and unwilling convicts, besides the beneficial effect which it must ultimately produce on the character of the general mass of the population. This is a moral axiom which no arguments simply drawn from expediency can overcome. The best interest and the future prosperity of the colony are dependent, we firmly believe, upon the cessation of transportation, and no greater mischief could be inflicted upon it, than by granting the prayer of these petitioners. Beside the moral contamination with which the whole system is fraught, it is calculated to introduce divisions into the social state which must ever prevent the colony from attaining to any degree of national greatness. The discontinuance of the evil has already had great effect in allaying the bitterness of this feeling, which will gradually become extinct, unless the British Government should unfortunately act so unwisely to establish the system so happily abrogated.
“There is one circumstance attendant upon the discontinuance of transportation to New South Wales which is very seldom taken notice of by either party, but of which there is great cause to complain. We mean the number of men that periodically find their way to our shores after having undergone the moral purification of Captain Maconochie’s social system in Norfolk Island. This is a real grievance, and entails upon us many of the evils of transportation without bringing with it any of the advantages which have been supposed to accompany it.
“We have thus briefly noticed the objects sought to be obtained by the proposers of this petition, It is a pity, we think, that such an attempt should ever have been made, especially as the general feeling of the population is so decidedly against it. The prosperity of Port Phillip shews that transportation is not necessary to render colonial pursuits remunerative; and indeed, the tendency we are persuaded is all in the opposite direction. That some considerable sacrifice of interests should follow the hurried discontinuance of a system so long established in the colony was nothing more than what was to be expected, but the disarrangement of interests consequent upon it has now in great part been overcome, and no future and worse confusion will ever we hope be introduced into the country by uselessly agitating its revival.
“LOCAL NEWS.
“Stockade. - The convict Brindle, who lately escaped from the West Maitland stockade, has been committed on a charge of larceny. The bench has determined that he shall serve for the time intervening between his commitment and his trial, in the road gang.
“Furious Conduct. - Yesterday morning about eight o’clock, as the road-gang were bringing gravel into the town [West Maitalnd], a man attached to the front of one of the carts desired his companion behind him to push with more vigor. Upon reaching the summit of the ascent the person thus addressed, seized a spade from the cart, with which he struck the man in front a severe blow on the head - the poor fellow instantly fell, when the brutal ruffian again struck him on the back of the head. He was then secured. The wounded man is not expected to live.”
Hunter River Gazette, 9th April 1842:
“LOCAL NEWS.
“Constabulary. - A constable named Connor, lately employed in the Maitland police, was sentenced by the bench a few days ago to undergo a punishment of six months in irons, for embezzling the rations allowed by the government for the immigrants stationed at Maitland, the distribution of which was committed to his charge.
“NEWCASTLE.
“POLICE.
“State of Her Majesty’s Gaol, April 6 - For trial, 48 males, and 2 females; other stations, 4 males; iron gang, 1; hard labour, 10 males and 2 females; cells, 5 males; debtors, 2 males; fines, 10 males and 3 females; bail, 1 male; assignment, 28 females. Total, 81 males and 42 females.
“POLICE.
“EAST MAITLAND.
“Tuesday 29th March.
“William O’Brien, a prisoner of the crown, assigned to Mr. Christian, was charged with disobedience of orders and gross neglect during the illness of his master. The case was a very aggravated one, and the culprit was sentenced to receive a punishment of a hundred lashes.
“A prisoner of the Crown named Rogers, lately employed in the survey department, was placed at the bar under a charge of illegally disposing of a quantity of maize, with which he had been entrusted in his capacity of bullock driver. In his depredations it appeared that Rogers was accompanied by a female who enacted the part of vendor on the occasion. Several parties proved having purchased maize taken from the dray of which the prisoner had charge. He was sentenced to be worked for the period of twelve months in irons.
“Frederick Walsh, bond, assigned to Mr. Turner, charged with disobedience of orders, was sentenced to receive a punishment of 50 lashes.
“James Fitzgerald assigned to Mr. Portus, of the Steam Mills, Morpeth, charged with disobedience of orders and general neglectful conduct. The behaviour of the prisoner it appeared had been particularly flagrant and ungrateful. Mr. Portus had taken the trouble to learn him a useful trade, that of an engineer, and the man had repaid the attention thus bestowed upon him, with the grossest inattention to the interests of his master, Sentenced to receive fifty lashes.”
Hunter River Gazette, 16th April 1842:
“LOCAL NEWS.
“Freedom from Arrest. - A gentleman, dating from the River Page, writes us, that on Sunday the 3rd instant, he was taken into custody by two constables belonging to Scone, having nothing to offer beyond his assertion, to prove that he had arrived in the Colony free. From his own account it appears that he was kept in custody from Sunday night until Thursday at noon, before he was brought before the Magistrate (Mr. Robertson,) by whom he was of course discharged. Such is the statement contained in our correspondent’s letter and he is naturally very indignant at the insult thus offered his person. The greatest hardship in his case however, and the only just cause which in our opinion, he has for complaint is, the great length of time during which he was confined before any enquiry was made into the circumstances attending his apprehension. This is decidedly wrong, and we are very much mistaken if the law do not [sic] redress. To a country so peculiarly circumstanced as this Colony, suspicions may be attached to persons of undoubted respectability, especially in parts where they are not known, and the conduct of the constables of taking them into custody, if they perceive any reasonable grounds for so doing, is perfectly excusable. A man of sense, acquainted with the social state of the Colony will never find fault with the police for behaviour of this kind, provided they exercise their functions with civility. It is, besides, very easy to guard against its abuse, since a Police Magistrate will experience very little difficulty in finding out whether such conduct has been knowingly adopted by the constables for the purpose of insult and annoyance, and if so, they possess the power to inflict an adequate punishment. On the other hand we hold that it is the undoubted right of a person apprehended under such circumstances of suspicion to obtain immediate access to a magistrate, in order that without loss of time he may have an opportunity of divesting himself of the unfavourable opinion which unfortunately attaches to him, and when this is delayed to a period so late as was the case with the person in question, he sustains an injury of the most serious nature, to which in our opinion, it is no less cruel than unjust to subject him. We are too well aware of the necessity of preserving social order in the Colony, ever to join in the vulgar outcry which certain parties think it necessary to raise against the constabulary. So long as they discharge their duties with firmness and temper, we shall always afford to these persons our most strenuous support; at the same time, that they shall experience as little mercy at our hands if they shall exercise their power in a capricious or illegal manner. We know enough of human nature, to be aware, that the very method calculated to render men wicked and distrustful is to pour upon them undeserved abuse. In the apprehension of our correspondent, under the circumstances stated, it does not appear that the constables were at all to blame. By far too long a period however, was allowed to elapse before he was brought into the presence of a magistrate, but from whose fault this arose, unless our correspondent furnish us with more minute details, it is impossible for us to say.
“Outrageous conduct of a Convict. - On Monday morning about eight o’clock, a man named John O’Neill, a prisoner for life, attached to the Maitland Stockade, while employed along with the gang in carting gravel upon the road, suddenly seized a spade with which he struck one of the military overseers, a corporal in the 80th regiment, a severe blow on the head. The prisoner made every exertion to repeat the blow, but before he accomplished it, he was laid hold of by two men of the gang, and immediately secured. O’Neill was brought up in the Police Office on the following day, (Tuesday,) when on the above circumstances being detailed by the corporal, the hardened ruffian said he was sorry he had not an opportunity of repeating his blow as he intended to murder him, assigning as a reason, that he was tired of his life and perfectly careless what became of himself. The prisoner was committed to take his trial for an assault with an intent to commit murder, and in the meantime he was ordered to be heavily ironed and returned to the gang until the opinion of the Attorney General was known.
“Insubordination of the Road Gang. - Several occurrences have lately taken place amongst the convicts composing this gang, tending to shew the existence of a spirit of insubordination amongst them, which has more than once partially broken out. On Monday night last, the sentry on duty overheard a conversation between the men occupying one of the boxes, from the tenor of which it appeared that they were concocting a scheme for surprising the guard on the following morning and effecting their escape during the confusion. In pursuance, it is imagined, of the plan which they had arranged, immediately on turning out for the day, one of the prisoners lately committed for an assault with an intent to murder a soldier, inflicted one or two trifling punctures on his own person with a knife, for the purpose as is supposed of drawing attention from the other prisoners, in order that their previously arranged plan might be the more easily carried into execution. The scheme however, if it were really formed, was defeated by the vigilance of the military, who stood on all hands prepared for any emergency. We have on every occasion given the soldiers great credit for their firm and judicious management of the men placed under their charge. Any sympathy for the the situation of these criminals is entirely misplaced, since they have it always in their power by good conduct, to insure such mild treatment as is consistent with their safe custody, but if they pursue a contrary course, they have only themselves to blame if the full penalty attached to their crimes is exacted from them.
“POLICE.
“EAST MAITLAND, TUESDAY MARCH 7.
“James Fitzgerald, a prisoner, assigned to Mr. Portus, was charged with absenting himself from his master’s premises at a late hour on Sunday night. Punishment fifty lashes.
“Daniel Dillon, a runaway from government service, was placed at the bar under a charge of larceny. The following are the particulars disclosed by the evidence. Mary Towns, whose husband is a shepherd, and who resides in a hut about three miles from Black Creek, deposed that on Saturday last, the prisoner called at the hut and asked for a drink of water which she handed to him, and thereafter asked to walk inside and refresh himself. He accordingly sat down for a quarter of an hour, and then went out and again returned. He then asked her if she knew what he wanted, and on witness replying in the negative, he said that he wanted the things contained in a box at which he pointed, and also a gun which was in the hut. Upon this she made towards the door to give an alarm, when the prisoner knocked her down with the stick produced, afterwards striking her severely while she lay on the floor. He afterwards broke open a box, taking from it various articles of wearing apparel, besides a silver watch and sppons and the musket before allude to. The articles produced were then identified by the witness.
“William Allen, deposed that the prisoner shewed him the articles produced, which he had planted on the banks of the Creek. From the description given by the constable of the person who robbed Mrs. Towns, witness knew the prisoner to be the man alluded to, and assisted in his apprehension, Committed.”
Hunter River Gazette, 30th April 1842:
“LOCAL NEWS.
“Transportation. - A report has reached the colony that the British Government had not only resolved to revive the system of transportation to New South Wales, but that three ships loaded with convicts are actually on their way to Sydney. There is, undoubtedly, a strong party in this colony favorable to a recurrence of this measure; but we think we are correct in stating that a majority of the population both in number, respectability and influence, are decidedly opposed to it. As we cannot trace the report to any satisfactory source, we are disposed to treat it as an idle rumour to which no belief whatever is to be attached.
“Gaols. - The prison accommodation which the district of Maitland affords, is quite inadequate to the wants of so populous a territory, and we beg once more to remind the Government of the necessity of proceeding without loss of time, with the projected gaol. The lock-up too, is in a miserably dilapidated condition, at least so we are told, for we have not yet had the fortune - good or bad, of visiting its interior, and a new one, or some very considerable repairs to the old, is urgently required. We hope these things will not be lost sight of; at least, we can safely promise that it shall not be our fault if they are.
“Bridges. - We perceive that a party of the road-gang are at last engaged in repairing the bridge at the west entrance into East Maitland, of the dangerous state of which we have so frequently complained. The preliminary operations are being proceeded with in the usual substantial manner, which we have always found to characterise the works executed by the road-gang in this neighbourhood. The railing of Wallace Creek bridge has also received, we perceive, some repair. This is so far well; but this structure is radically defective in strength, proportioned to the heavily loaded drays which are daily crossing it, and which makes us seriously apprehensive that before long it will break down. Placing entirely out of the question the destruction of life and property which it is likely would be the immediate result of such an accident, the inconvenience sustained by the interruption to the traffic on a line of road where so much is carried on, would be extremely fatal to the interests of the public. Taking these several contingencies into their serious consideration, we hope those who may have an interest in the matter, will endeavour to influence the Government to undertake an effective repair of the old bridge, if they at present cannot induce it to build a new one.
“POLICE.
“EAST MAITLAND, TUESDAY APRIL 26.
“Before E. D. Day, Esq., P.M.
“Mary Rogers. assigned to Mr. Portus, of Morpeth, was brought up charged by Mr. Ronald Portus, with visiting contrary to the express orders of her master, the huts of the assigned men on the establishment. Miss Rogers excused her conduct by hinting at a certain matrimonial engagement which she had had the happiness to form with one of the male prisoners employed on the premises, and as the period that was to bring about their mutual happiness was inconveniently lengthened out, she had taken it upon her in order to assuage the impatience of her lover to visit him occasionally, in order to keep his hopes alive. Shakspeare [sic], with a knowledge of life and human nature which render his works applicable to all circumstances and to all times, has very pathetically said, that
‘The course of true love never did run smooth,’
and here indeed was a grievous instance of the inimitable truth of his conceptions. The fair delinquent and her admirer had got up as fine a love affair as any one could desire to record, when the rude and unsentimental machinery of the law interposed to convert their raptures into vain and hopeless regrets and to lacerate their bleeding hearts by separating them forever. The defendant for repeatedly disobeying the orders of her master was sentenced to be confined fourteen days in Newcastle Goal, and to be returned to Government on the expiration of that term, with an intimation that she might postpone all thoughts of connubial felicity for some time to come.
“John Brennan, assigned to Mr. Lang, was also placed at the bar on a charge of drunkenness. The constable, it appeared, found the prisoner lying on the banks of the river on Sunday last, in a state of helpless intoxication. The prisoner in his defence detailed the usual cock and bull story of his having by the merest accident met during his peregrinations with a free man who very conveniently had a bottle of rum in his pocket, from which he had incautiously allowed himself to be persuaded to drink a glass, the effect of which, owing to his previous abstemiousness, had been to bring on the oblivion which the constable described. Sentenced to receive fifty lashes.
“A person named O’Keiffe, assigned to Mr. Thomas Prentice, was then brought up charged with committing a most violent assault on the person of his master and his brother Mr. John Prentice. The evidence of Mr. Preston was to the following effect : - On the evening of Sunday last he went about six o’clock into the hut of the prisoner, who had been out riding with him in charge of a young horse in the course of the day, , and desired him to feed and dress the horses, which order the prisoner refused compliance until he had smoked his pipe, being then in the very act of enjoying that luxury. The order was several times repeated and compliance as often refused. Words immediately ensued; the witness snatched the prisoners pipe from him and threw it on the floor. The prisoner then pushed his head between the legs of the witness before he was aware of his intention, and capsized him on some loose bricks with such violence that he remained insensible for some minutes. That upon regaining his recollection, he found the prisoner standing over him and retaining a strong grasp of his throat. That from this position he was relieved by his brother who had come to his assistance. A few minutes subsequent to this he was standing outside the hut talking to his brother when the prisoner advanced towards them with a bucket yoke concealed behind his back, with which he struck Mr. John Prentice a tremendous blow upon the forehead, which stretched him senseless upon the earth, inflicting so severe a wound that his brother was placed under medical attendance in consequence. The prisoner was afterwards secured and delivered into the custody of a constable.
“Mr. John Prentice stated that he was in his brother’s house on Sunday evening last, when a child entered and said that there was a fight in the hut, upon which he went down, and on entering perceived the prisoner on the top of Mr. Prentice, and holding him tightly by the throat. He immediately dragged the prisoner away from his brother, and a few minutes afterwards when outside the hut, he received a tremendous blow on the forehead which knocked him down and completely stunned him.
“John Buckland, a witness for the prisoner was then examined, and stated that he was in the hut when Mr. Prentice came in and spoke to the prisoner about cleaning and feeding his horses, which he said he would do after he had smoked his pipe; that the prisoner answered several times to the same purpose. Mr. Prentice then took the pipe from the prisoner and seizing him by the collar butted his head against the table; they had been struggling for some time when Mr. John Prentice came in to the assistance of his brother; the witness afterwards heard a blow given outside the hut but did not see by whom.
“The bench remarked that the conduct of the prisoner had been exceedingly violent, but he had been in some degree goaded to it by the rough usage he had received from Mr. Prentice, who ought at once to have given him into custody and not taken the law into his own hands, and by personal chastisement first incited the passion of the prisoner, and thus given him some colour of pretext for his future violence. The bench accordingly under the circumstances declined to award any punishment against the prisoner further than by ordering him to be returned into the service of Government.”
Hunter River Gazette, 7th May 1842:
“LOCAL NEWS.
“Bayoneting a Horse. - At the Police Court on Wednesday last, a private of the 80th regiment was committed to take his trial at the ensuing Quarter Sessions, under the ‘Malicious Injuries Act,’ for stabbing a horse belonging to Mr. Marshall, in the thigh, with his bayonet.
“POLICE.
“EAST MAITLAND, TUESDAY MAY 3.
“Before E. D. Day, Esq., P.M.
“Elizabeth Lyons, a prisoner of the crown, was brought up on a charge of being grossly insolent and conducting herself with great impropriety towards her mistress. Mrs. Kingsmill stated, that having gone down to Newcastle to receive the prisoner, and hearing that she was a very violent and disorderly woman, she ordered her after they had embarked in the steamer not to go forward, to which Lyons replied that she could go into whatever part of the vessel she chose. She accordingly went into the steerage and got beastly drunk. On coming from the Greenhills in the coach she never ceased to pour upon the witness the grossest abuse. The prisoner was sentenced to fourteen days imprisonment on bread and water, and at the termination of that period to be returned to Government, Mrs. Kingsmill having declined to receive her.
“Samuel Wilkinson, a convict lately in the establishment of Mr. Marshall was charged with absconding from his service about four weeks ago, the present being his second similar offence. The prisoner offered no defence, and was sentenced to be worked in irons for a period of twelve months, and on the expiration thereof to be returned to Mr. Marshall.”
Hunter River Gazette, 14th May 1842:
“POLICE.
“EAST MAITLAND, TUESDAY MAY 10.
“Before E. D. Day, Esq., P.M.
“John Donahoe, assigned to Mr. Weller, was charged with frequenting a reputed disorderly house in the neighbourhood of the bridge, West Maitland. The constable, Thomas Kerr, deposed, that on Sunday evening last he heard a great noise proceeding from the house in question, out of which after some short time the prisoner issued. He was in a state of intoxication. - Mr. Weller stated that the prisoner had leave of absence until seven o’clock in the evening; upon which it was remarked by the bench, that if Mr. Weller granted such indulgences to his men, he must expect as a natural consequence that they would become disorderly, and get into disgrace; he was further told that if he valued the services of his government men hu would abstain from all such practices in future. - The prisoner was ordered to undergo a punishment of fifty lashes, and to be returned to his master.
“Robert Donnache, a prisoner employed on the estate of the late Mr. McIntyre, was charged by the superintendent with being absent from the establishment without permission. The prisoner had been frequently punished, and was described to be quite incorrigible. Sentenced to receive one hundred lashes, and to be returned to his master’s services.
“NEWCASTLE.
“Escape of Four Convicts and a Soldier. - Newcastle, May 12, 1842 - This is a day of events at Newcastle. At seven o’clock this morning, two men in irons at Nobby’s, a man of the stockade boat’s crew, a man belonging to the Australian Agricultural Company, and a soldier, which latter was on guard at Nobby’s Island, made their escape in a boat belonging to Mr. A. W. Scott, which they stole, and have taken to the bush. The settlers and gentlemen in the neighbourhood of Newcastle had better be prepared for a nocturnal attack, as those out, including the soldier, are a desperate set - we are given to understand that a strong party of gentlemen with some soldiery are gone out in pursuit of them, and we expect that before the elapse of two days the whole party will be captured. as for the convicts we may feel inclined to admit of an excuse for their running away, because their situation is irksome, and fraught with disappointments which would make them undertake any act to relieve themselves from it - but what does the soldier deserve who could so far forget the trust reposed in him, as to not only conive at their escape, but to actually join them in it. We were always of opinion, that the soldiery should not be mixed up with convicts in any way, the influence of evil example is so contagious, that the soldiers can scarcely escape the infection.
“The Military. - The detachment of the military at present stationed at Newcastle, we regret to remark, seem to have forgotten, for a time, the honourable character of their profession, by giving loose to a life of dissipation. One of the men became so reckless in his conduct as to insult the Rev. Mr. Wilson on Sunday afternoon last whilst he was passing the barracks on his way to the stockade, where he was going to perform divine service to the men in irons. This will assuredly bring on the detachment the extreme displeasure of the commander of the forces, and more particularly that of the officer commanding the regiment. If anything can be said in extenuation of such conduct, it is, that the detachment is composed of very young men, and that the commissioned officers have been remiss in injudiciously screening their faults from Lieut. Fraser until they became so glaring as to be noticed by that officer, who has now suggested their immediate removal to head quarters.
“State of the Gaol. - For trial, 72 men 4 women; remanded, 1 man 3 women; other stations, 2 males; hard labour, 7 males 1 female; bail, 1 male; assignment, 19 females; third class, 2 females. total, 100 males 32 females.”
Hunter River Gazette, 4th June 1842:
“MAITLAND QUARTER SESSIONS.
“THE sittings of this court commenced on Tuesday last, but owing to the detention of the steamer in the river, the Chairman, Mr. Manning, did not reach Maitland until 2 p. m. Three cases were afterwards gone into, but they were not at all interesting, and the court adjourned until the following day at ten o’clock.
“WEDNESDAY, JUNE 1.
“Several Jurymen who failed to answer to their names, were fined in the sum of forty shillings.
“James Stevens, a prisoner of the crown, was arraigned under the Summary Jurisdiction of the Court, on a charge of stealing from the stores of Edward Hinchley, storekeeper at Campbell’s Hill, thirty-six straw hats, his property. The court found the prisoner guilty, and sentenced him to be worked in irons for a period of three years.
“John O’Neill, a prisoner of the crown, lately in the road gang at West Maitland, pleaded guilty to assaulting and dangerously wounding William Thomson, a soldier of the 88th regiment, with a spade. The prisoner was sentenced to transportation to a penal settlement for the period of his natural life.
“Edward Bellingham, a prisoner assigned to the Australian Agricultural Company, was charged with assaulting Robert Greenwood, a person in the same employment, at Newcastle, on the 19th day of March last. Bellingham was found guilty of the assault, and sentenced to six months in irons.
“Walter Waters, bond, accused of stealing on the 2nd of April last, at Paterson River, twenty pounds of tobacco, and twenty pounds of lard, the property of a Mr. Ireland. The prisoner was acquitted of the charge, but remanded for the Petty Sessions to be dealt with, should any thing appear against him.
“Edward Stewart, bond, charged with stealing various articles of wearing apparel from the house of a person named Morgan, at Newcastle, on the 2nd of April last. The prisoner was found guilty and sentenced to be worked in irons for the period of two years.
“THURSDAY.
“Three prisoners of the Crown, named Parker, Maunsell, and Hampden, assigned servants to Mr. Mitchell, and lately living on his farm situated about two miles from the Patrick’s Plains road, were tried under the Summary Jurisdiction of the Court, for committing various acts of highway robbery on persons travelling on the road leading to the interior. The court found the prisoners guilty, and on account of the variety of offence, and their daring nature, which they had committed, the heaviest punishment allowed by the law was awarded to them, namely transportation to a penal colony for life.
[Another case was then heard.]
“At this stage of the proceedings, three prisoners named Greenwood, Boulton, and Maunsell, under sentence of transportation, were brought into court accused of assaulting a person named Bourke, in the yard of the lock-up. It appeared from Bourke’s statement, that the prisoners having suspected him of conveying information to the chief constable at Scone, in a paper which he carried about his person, proceeded by forcible means to deprive him of it, and in attempting to do this almost choked him. The Court proceeded summarily against the prisoners for the offence, and sentenced them to undergo a punishment of one hundred lashes.
“George Wheelan, a prisoner of the Crown, arraigned under the Summary Jurisdiction of the Court, under a charge of feloniously stealing and carrying away, on the first day of March last, one watch the property of Captain Hindson. The evidence was not such as to satisfy the Court of the guilt of the prisoner, and he was accordingly discharged. Counsel for the prisoner, Mr. Purefoy.
“John Quigley, bond, pleaded guilty to a charge of stealing on the 10th of March, one waistcoat, the property of a person named Marshall, and was sentenced to be worked in irons for two years.
“LOCAL NEWS.
“Official Punctuality. - The Court of Quarter Sessions was appointed to be opened on Tuesday morning at ten o’clock - at least, this was the period at which jurymen and others were summoned to attend. A considerable concourse of people assembled at the court-house at the above hour, but no chairman appeared until two o’clock p.m., up to which time the jurymen and witnesses were kept waiting in idle attendance. We know it will be said that this delay was unavoidable, on account of the uncertainty which must ever attend steam navigation; but this is not a defence that either can or ought to satisfy the people, because the chairman ought to have made it a point to arrive on the previous Saturday or Sunday morning, and thus have been in a condition to open the court at the appointed time. Many people who attended in the capacity of jurymen loudly expressed their disapprobation at the cavalier way in which they were treated. It ought to be borne in remembrance that these men absent themselves from their homes at great personal inconvenience and loss, and that they have a right to expect that that period should be rendered as short as the public service will admit of. We hope this inconvenience will be remedied in future; and to ensure it, we feel confident that it is only necessary to draw the attention of the chairman to the subject.
“Gaol Accommodation. - The difficulty of disposing of the prisoners brought up for trial at the Quarter Sessions is very great, the accommodation devoted to the purpose being quite inadequate, and it is entirely owing to the exertions of Mr. Field that the prisoners are retained in safety, and that no interruption to the business of the court takes place in arraigning them.
“NEWCASTLE.
“From our Reporter.
“Before Majors Crummer, P.M. and B. Sullivan, J.P.
“FRIDAY, MAY 27.
“George Wilson, the soldier, John Roach, and John Atkins, belonging to the iron gang, John Thomson, in the service of the Australian Agricultural Company, and John Raddish of Nobby’s Boat crew, were this day brought up on a charge of house robbery. From the evidence adduced the prisoners were committed to take their trial.
“We would ask, what will be the use of trying these fellows at the Circuit Court, incurring thereby a great expense to the colony, when the whole of them, excepting the soldier, were transported for life, and since have been repeatedly convicted; therefore, their trial and sentence for the robbery will only be a farce, a pastime for their amusement, and secure for them what they desire most, a change of scene.
“The soldiers of Wilson’s regiment cannot have any other opinion as to what he should be sentenced for such a notorious dereliction of duty, than, that of his being gibbetted on Nobby’s Island.
“We have been most credibly informed, that a convict in irons, belonging to this Stockade, was seen a few days since at hexham, accompanied by a soldier in whose charge he was. Good readers, could you guess their intention ? it was to spring a plant of L20, which the convict had secreted before being sentenced to the iron gang. This discovery was made by Mr. Sparke, at Hexham, who recognised his servant that had been sent from his service to the iron gang.
“We understand that the soldier who attacked the Rev. Mr. Wilson, has received a sentence of transportation for fourteen years; and another for striking his sergeant to seven years.”
Hunter River Gazette, 11th June 1842:
“LOCAL NEWS.
“Norfolk Island Expirees. - The records of the Sydney police office shew that many of the more daring robberies and thefts in that town and its neighbourhood are perpetrated by men who have recently been let loose upon society from Captain Maconochie’s social establishment at Norfolk Island. We some time ago stated that, from the vicinity of New South Wales to the theatre of this gentleman’s experiments, the colony was likely to suffer all the evils flowing from transportation without experiencing any of the benefits which were thought to attend it. This is indeed the case; and to an extent that renders it necessary, we think, that some inquiry were instituted in regard to it. So soon as the period of transportation for which these men were sentenced expires, they invariably make their way to Sydney, where they are turned loose, without resources, upon the population of a stirring and busy capital, after having been long estranged from the haunts of active existence. The consequence is, that, being imperfectly or not at all reformed, they naturally revert to their old habits of evil, if they were ever in any degree reclaimed from them, and levy contributions on the public at large; thus tending to keep up the evil reputation of the colony, which the discontinuance of transportation was in a fair way of re-establishing. In certain despatches recently published, the opinion entertained by His Excellency of the effects of Captain Maconochie’s system of prison discipline at Norfolk Island is by no means favourable; and it is not therefore likely to be long persisted in. Its discontinuance, on account of the infusion of disreputable characters which are periodically disgorged from it on our shores, is greatly to be desired. If the colony is to be relieved from the degradation of a penal settlement, let it be so entirely.
“POLICE.
“EAST MAITLAND, TUESDAY, JUNE 7.
“Before Lieutenant Sheberras.
“Samson Moore, assigned to Mr. Garrett, for disobedience of orders and carelessness with his master’s property. In consequence of his previous good conduct, and the intercession of his master, he was dismissed, with the intimation that his ticket would be delayed for a period of six months beyond the period at which he was entitled to receive it.
“NEWCASTLE.
“From our Reporter.
“Mutiny of the Convicts in Irons at Nobby’s. - On the afternoon of yesterday (Wednesday, the 8th instant), it was announced to Captain Armstrong, that a mutiny had broken out among the convicts at Nobby’s, upon which that gentleman immediately ordered ten files of the detachment, and a colour sergeant, under arms, under the command of Lieut. Fraser, to proceed thither in Nobby’s boat; the men having been previously served out with thirty-six rounds of ball cartridge.
“From what we can learn from the many versions of the affair that have gone abroad, it appears that Mr. Walter Scott, who is a shrewd, active overseer, observed some men moving about on the top of Nobby’s, while the main body of the gang were at work below on the reef; this attracting his attention, he was determined to ascertain what they were about, and consequently went over to Nobby’s, and on mustering the gang he found several men absent. he then took a file of the guard with him to the top, and on searching about he discovered that the men had secreted themselves in a cave which they had made, and to which they had to pass along a ledge surmounting a precipice of fifty feet in depth; there they were found busily making cabbage tree hats. The materials were taken from them, and the men ordered to go below, which they refused; they then resisted the overseer, and threatened to shove him over the precipice; the sentry would have fired, but he apprehended an attack. The party retired to their boat, returned to Newcastle, and reported the circumstance to the officers in charge, who, we are happy to say, took all the ring-leaders into custody, until the morning, when, no doubt, Captain Armstrong will punish them.
“In reference to the out-break at Nobby’s, it is certain the system of managing the men is imperfect, and at variance with common sense. We would ask, how is it possible that soldiers can have any interest in checking the irregularities continually committed by convicts, or even to make them work ? The reverse of this is the case, the soldier knowing that he is but a bird of passage, is induced to supply them with the materials for hat making; so long as he can participate in the profits he cares not for any thing else. Money is therefore the root of the evil, and which they must be abridged of.
“We regret to observe, that the inhabitants here are inadequately protected in the event of a serious out breaking of the ironed gang. We very much need half a dozen regiments, in lieu of the 28th ordered to India, for protection against internal feuds.”
Hunter River Gazette, 18th June 1842:
“LOCAL NEWS.
“New Appointments. - His Excellency has been pleased to appoint Francis Blower Gibbes, Esq., of Paterson, and Henry Rickards, Esq., of Namoi, to be magistrates of the territory and its dependencies.
“Rumoured Pardon of Convicts. - Notwithstanding the contradiction which was given to the report which appeared in several of the newspapers, stating that it was the intention, on the birth of the Prince of Wales, to grant a free pardon to those convicts who had been of good behaviour, numerous applications are daily made and petitions sent to the Home Office by friends of prisoners on the subject. We therefore think it right to repeat that there is no intention on the part of the Crown specially, to interfere, in order to lessen the terms to which convicts have been sentenced. A great number of petitions have been presented, praying that Frost, Williams, and Jones may be included in the anticipated act of Royal clemency. - Standard.”
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