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1839, William Morris - Unfit For Publication
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Depositions for William Morris 2 Nov 1839 Sydney trial1

1

N S Wales: At the river Barwon

    John Summer, Shepherd in the employ of Mr Matson, resident at Kenong bubloot, [possible also known as Kerang bullock – In the district of Portland, Australia Felix (Vic)], near Lake Colac, being duly Sworn, deposes that:
On the 22nd instant [January1839] I returned to the Hut about sunset, Thomas Renton, alias Thomas Weugh, also came home at the same time with his sheep. After we yarded the two flocks we went into the Hut to have our suppers – Thomas Renton the deceased said it was not fit for a dog to eat.

    I then told William Morris to put the chops into the pan again and warm them,

2

William Morris did so and placed them in the dish for us, we sat down, Morris went in rear of us and sat down.

    I asked him to come and eat some supper, he replied I will have my Supper in a minute, I was stooping towards the dish, when a gun was discharged .– Thomas Renton – alias Weugh – dropped his hands, I jumped up, took my Gun and made out.

    I turned to look at, Morris, I saw him loading his Gun,

3

saying You Buggers, I’ll have you all, I made off towards the river – thinking that another shot would be fired, I heard the man distinctly groaning –

    I did not return to the Hut, I went to my master’s and reported the murder, and the (4 ?) expressions of Thomas Renton or Weugh – He was the William Morris, he was the Hut Keeper, and made use of the Gun which he had for the protection of the Hut.

    The gun was Cocked before we went in.

4

I never heard any disagreement between the deceased & William Morris – I have know Morris about nineteen years – he never had a good Character.

    On the following morning I returned to the Hut with Mr Matson – Mr Ricketts, Mr Hawkins, Mr Crocket and a man of Mr Ricketts. We found the man; he was nearly dead – and died in the evening.
[Signed] John (his X mark) Summer.

Sworn before at Mr Matson’s Station near Lake Colac. This 30th day of January 1839.
[Signed] Foster Fyans PM, Witness JM Matson

5

    Mr James Moon Matson. Resident near Lake Colac, being duly sworn, deposes That: about nine o’clock on the night of the 22nd instant my Shepherd John Summer returned to me from the out-station, and reported that my Hut Keeper William Morris, had shot my Shepherd Thomas Weugh – alias Renton.

    I went to Mr Rickett’s for (help ?) if possible to apprehend William Morris, and to protect my sheep and property, on consulting both Mr

6

Ricketts and others we thought it best to wait until day break at which time we left, and proceeded to the station.

    On our arrival we found Thomas Weugh – alias Renton, lying on the ground, he was dreadfully wounded – The contents of the gun passed through his neck, he died in the evening –  he lived with me for nineteen months, and to me was a Valuable and good man.
[Signed] JM Matson

Sworn before me at a Station (?) near Lake Colac. This 30th day of January 1839.
[Signed] Foster Fyans PM

7

    Dr Jonathan Clerke, Colonial Assistant Surgeon, resident at Geelong, being duly sworn, deposes that:

    I visited the body of Thomas Renton, alias Thomas Weugh shepherd in Mr Matson’s employ near Lake Colac. I saw the body and examined it. The man was dead, he died in consequence of a musket ball passing through his neck.

    The man I understand lived during the following day and died early in the evening. It is my opinion he could not have lived from the general consequences of the fracture, the bone and blood vessels so much destroyed.

~ ~ ~ ~ ~

No. 39/114

Colonial Secretary’s Office
Sydney, 18th February 1839

John H Plunkett, Attorney General, Sydney
Sir,
    I am directed by His Excellency the Governor to return to you the Depositions 2 forwarded by the Police Magistrate of Geelong relative to the murder of Thomas Renton alias Weugh, by one William Morris; and acquaint you that a Reward of Twenty five pounds or a Conditional Pardon will be offered in the next [NSW] Government Gazette, for the apprehension of the Murderer.
    I have the honor to be
        Sir
    Your Most Obedient Servant
[Signed] E[dward] Deas Thomson

~ ~ ~ ~ ~

Geelong Police Magistrate
April 17th 1839

John H Plunkett, Attorney General, Sydney
Sir
    I do myself the Honor to forward fresh depositions regarding the murder of Thomas Renton, alias, Weugh, and considered it proper for the ends of justice to have the Prisoner Identified by the parties – this I considered absolutely necessary, “as the description of the man,” so widely differs from that which was given to me. –
    Mr Matson for some time had doubts of the man being the same person, being as he said, so much altered, however I am glad to say, by ordering him to speak to William Morris – after a short lapse of time he brought him to his recollection, John Sumner had a perfect recollection of him.

    I have bound Mr Matson under a Recognizance, also John Sumner – “one hundred pounds each,” – and also Doctor Clarke, Assistant Colonial Surgeon, who visited the body by my orders, acting as Coroner.

    Mr Sutherland and his overseer apprehended Morris, I did not bind them under Recognizance, but should you require their evidence, they are willing to attend –
    I also beg leave to inform you, the prisoner William Morris, acknowledged having committed the murder, – but I paid no attention to what he said, –
    I have the honour to be
        Sir,
        Your most obedient servant
[Signed] Foster Fyans PM.

~ ~ ~ ~ ~

Colony of New South Wales
TO WIT.                           }
Be it Remembered that on the Seventeenth (17th) day of April in the second Year of the Reign of Her Majesty Queen Victoria, and in the Year of Our Lord 1839 – William Morris – was convicted before me Foster Fyans – Police Magistrate. – Geelong – County of Bourke, – one of Her Majesty’s Justice of the Peace duly authorised in that behalf of having Feloniously willfully of his malice afore the right, did kill and murder one Thomas Renton, alias, Weugh, thereby shooting and discharging a certain gun, loaded with Gun powder, Shot, and a piece of Lead, at and against the said Thomas Renton, alias, Weugh, thereby giving the said Thomas Renton, alias, Weugh, in and upon the Neck of him the said Thomas Renton, alias, Weugh, one mortal round – The said Thomas Renton, alias, Weugh – Died on the following day.– contrary to an Act of the Governor and Council, passed in the Ninth Year of the Reigh of His Majesty King George the Fourth, intituled [sic], An Act for the better Regulation of Servants, Laborers, and Workpeople, and I the said Justice do hereby order and adjudge the said William Morris – for the said Offence to be committed to, and confined in the Gaol of Melbourne – for the space of to stand his trial, as the Attorney General may direct.– there to be kept to hard labor for the space of
Given under my Hand and Seal the day and Year above written.
[Signed] Foster Fyans PM

~ ~ ~ ~ ~

New South Wales
    Before me Foster Fyans PM one of Her Majesty’s Justices of the Peace for the said Colony this 17th day of April 1839 appears Mr James Moon Matson, and being duly sworn, deposeth – that Thomas Renton – alias Weugh – my shepherd was shot on the night of the 22nd of January 1839 – The prisoner now before me absconded from my place – after the murder took place – I identify the prisoner, William Morris.
[Signed] JM Matson.

Sworn before me this 17th day of April at Geelong.
[Signed] Foster Fyans PM.

~ ~ ~ ~ ~

New South Wales
    Before me Foster Fyans PM – one of Her Majesty’s Justices of the Peace of the said Colony, this 17th day of April 1839 appears John Sumner – and being duly sworn, deposeth, That the prisoner – now before me William Morris, is the man –  who committed the murder – “I know him well – it was on the night of the 22nd of January 39 – he fired the gun at the deceased – Thomas Renton – alias Weugh.”
John (his X mark) Sumner.

Sworn before me this 17th day of April 1839 at Geelong.
[Signed] Foster Fyans PM.

~ ~ ~ ~ ~

New South Wales
    Doctor Jonathon Clarke Assistant Colonial Surgeon, being duly sworn, deposeth – that I visited the body of Thomas Renton, alias Weugh, shepherd in Mr Matson’s employ, and examined the body. The man was dead, he died in consequence of a musket ball passing through his neck. The man I understand lived during the following day, and died early in the morning. It is my opinion he could not have lived from the general consequences of the fracture – the bones and blood vessels so much destroyed.
[Signed] Jonathon Clarke.

Sworn before me at Geelong this 2nd day of February 1839.
[Signed] Foster Fyans PM.
Original forwarded.
Trial copy.

~ ~ ~ ~ ~

Colony of New South Wales
TO WIT.                           }
    Be it remembered that on the Seventeenth day of April in the second Year of the Reign of King William the Fourth, the Lady Queen Victoria James Moon Matson of Geelong in the Colony aforesaid and John Summer of Geelong in said Colony personally came before me, Foster Fyans Esquire one of His Her Majesty’s Justices of the Peace for said Colony, and acknowledged to owe to our said Lord the King lady Queen; that is to say, the said James Moon Matson and John Summer the sum of £20, and £100= one hundred pounds separately and each the sum of £10 separately of good and lawful money of Great Britain, to be made and levied of their Goods and Chattels, Lands and Tenements, respectively, to the use of our said Lord the King, His Lady Queen Her Heirs and Successors, if the said James Moon Matson and John Sumner shall make default in the condition herein indorsed
[Signed] JM Matson, John (his X mark) Sumner
Acknowledged before me Foster Fyans JP.

~ ~ ~ ~ ~

Colony of New South Wales
TO WIT.                           }
    The condition of the within written Recognizance is such, that if the within bounden James Moon Matson, and John Sumner shall personally appear at the next General Quarter Sessions of the Peace or any other Criminal Courts the Attorney General may direct.
to be holden at Sydney in and for Geelong in said Colony, and then and there give such evidence as they know upon an information to be filed against William Morris of Geelong for feloniously willfully and of his malice aforethought, did kill and murder one Thomas Waugh, alias Renton by shooting and discharging a certain gun loaded with gunpowder, shot, and a piece of lead at and against the said Thomas Waugh alias Renton thereby giving to the said Thomas Waugh alias Renton in and upon the neck of him the said Thomas Waugh alias Renton one mortal wound, the said Thomas Waugh alias Renton died.
and not depart thence without the leave of the Court; then this Recognizance to be void, or else to remain in its full force.

~ ~ ~ ~ ~

Colony of New South Wales
TO WIT.                           }
    Be it remembered, that on the seventeenth day of April in the Second Year of the Reign of King William the fourth The Lady Queen Victoria – Jonathan Clarke of Geelong in the Colony aforesaid and of in said Colony and of in said Colony personally came before me, Foster Fyans PM, one of His Her Majesty’s Justices of the Peace for said Colony, and acknowledged to owe to our said Lord the King; Lady Queen that is to say, the said Jonathan Clarke the sum of £20, and £100= (one hundred pounds) and each the sum of £10 separately of good and lawful money of Great Britain, to be made and levied of their his Goods and Chattels, Lands and Tenements, respectively, to the use of our said Lord the King, His Lady Queen Her Heirs and Successors, if the said Jonathan Clarke shall make default in the condition herein indorsed.
[Signed] Jonathan Clarke

Acknowledged before me
[Signed] Foster Fyans JP

~ ~ ~ ~ ~

Colony of New South Wales
TO WIT.                           }
    The condition of the within written Recognizance is such, That if the within bounden Jonathan Clarke shall personally appear at the next General Quarter Sessions of the Peace or any other Criminal Courts the Attorney General may direct.
to be holden at Sydney in and for Geelong in said Colony, and then and there give such evidence as he know, upon an information to be filed against William Morris of Geelong for feloniously willfully and of his malice aforethought, did kill and murder one Thomas Waugh, alias Renton by shooting and discharging a certain gun loaded with gunpowder, shot, and a piece of lead at and against the said Thomas Waugh alias Renton thereby giving to the said Thomas Waugh alias Renton in and upon the neck of him the said Thomas Waugh alias Renton one mortal wound, the said Thomas Waugh alias Renton died.
and not depart thence without the leave of the Court; then this Recognizance to be void, or else to remain in its full force.

~ ~ ~ ~ ~

New South Wales
    Before me Foster Fyans PM one of Her Majesty’s Justices of the Peace for the said Colony this 16th day of April 1839 – Appears William Padfield, who being duly sworn deposeth, that on Saturday evening the 13th inst., I assisted my master Mr Sutherland, we apprehended William Morris, the murderer of Mr Matson’s shepherd – we lodged safe in the custody of the police at Geelong – on the 16th inst – when we took him – he was without arms.
[Signed] W Padfield.

Sworn before me this 16th day of April 1839 – at Geelong.
[Signed] Foster Fyans PM.

~ ~ ~ ~ ~

New South Wales
    Before me Foster Fyans PM one of Her Majesty’s Justices of the Peace for the said Colony this 16th day of April 1839 – Appears Mr Joseph Sutherland who being duly  sworn deposeth – That I apprehended the prisoner, William Morris – on Saturday evening the 13th inst – I was assisted by William Padfield my overseer – and we lodged him safe with the police of Geelong on the 16th inst – he had no gun with him.
[Signed] Jos Sutherland.

Sworn before me this 16th day of April 1839 at Geelong.
[Signed] Foster Fyans PM.

~ ~ ~ ~ ~

[On depositions’ cover sheet is the following]

Regina
v
William Morris
Geelong
(?)
To stand over until the (formal ?) Depositions are before me.
[Initialled] JHP [John H Plunkett, AG]
The Depositions alluded to are now enclosed.
[Initialled] (HS ?)

~ ~ ~ ~ ~

    The Prisoner to be indicted for the murder of Thomas Renton alias Weugh by shooting him in the neck with a leaden bullet, discharged from a musket.
[Initialled] JHP [John H Plunkett, AG]

~ ~ ~ ~ ~

[On another depositions’ cover sheet is the following]
17th April 1839
No. 22
8
Geelong
Regina v. William Morris
Depositions

~ ~ ~ ~ ~

Geelong Police Magistrate letters, 3 Jan & 4 Feb 1839 3

112

Reporting Murder Committed
39/1921

Geelong Police Magistrate
    3rd January 1839

John H Plunkett, Attorney General, Sydney
Sir
    I do myself the honor to forward the depositions taken regarding a Murder on the body of Thomas Renton – alias – Thomas Weugh Shepherd in employ of Mr [James Moon] Matson resident near lake Colack, [sic] by William Morris, Hut-Keeper and Shepherd to Mr Matson.

    It was a most barbarous Act without provocation; I have therefore to hope that a commensurate reward  may be offered for his apprehension.

    I beg leave also to inform you, that not having the proper papers with me when up the Country, the parties are not bound under recognisance, but I am satisfied regarding them.

    For some days after the murder I had information that William Morris was about Geelong, which prompted my

113

immediately visiting the place where the murder was committed, but from late information I am of opinion William Morris has made for Portland Bay or Port Fairie [sic].

    I beg to forward attached to the depositions the description of this Murderer.
    I have the honor to be
        Sir
    Your Most Obedient Servant
[Signed] Foster Fyans, Police Magistrate

~ ~ ~ ~ ~

166

Report of Murder Committed No. 4/39 by William Morris

39/2280

Geelong Police Magistrate
    4th February 1839

Edward Deas Thomson, Colonial Secretary, Sydney
Sir
    For His Excellency’s information I do myself the honour to inform you that a man of the name of William Morris, a Hut Keeper and Shepherd in the employ of Mr Matson, resident Squatter near Lake Colac, fired a loaded gun at Thomas Renton alias Thomas Weugh, the contents of which passed through his neck, the man died on the following day.

167

    The Perpetrator of the vile act absconded immediately taking with him a supply of Ammunition and Provisions.

    I have therefore to hope that His Excellency may deem fit to order a reward for his apprehension.

    For some days after the deed was committed I had information of the Murder being in this neighbourhood which prevented my immediately visiting the place; but I am

168

of the opinion he has made for Portland Bay or Port Fairy, in the hope of escaping to V- D-Land.

    I have been informed a vast number of persons are now there and almost every improper character leaves this in that direction.

    The Shepherd who was present when the murder took place, left the hut and made the best of his way to his Master’s [where] he reported the circumstance.

    It is with considerable

169

regret I beg to inform His Excellency that notwithstanding, Five Gentlemen Squatters were together at 9 o’clock, that the unfortunate man was weltering in his blood laying on the ground where he was shot until the following morning, had these gentlemen visited the place immediately and exerted themselves, probably the unfortunate man would be now living, and the Murderer safely lodged in Gaol.
    I have the honor to be
        Sir
    Your Most obedient Servant
[Signed] Foster Fyans PM

170

    Police Office, 4th February 1839
    Geelong, Port Phillip

Description of William Morris the Murderer
    Face, full
    Eyes, blue
    Complexion, fair
    Height, 5 ft 11 inches/five Feet eleven Inches
    Age, about 36 years
    Dress when last seen, had on a Blue Flushing Jacket, turned brown from the Sun, Moleskin
    Trousers with a Straw hat, with a low Crown.
    General remarks
    The Upper Lip rather pouting.
[Signed] Charles HS Wentworth, clerk to the Bench.

~ ~ ~ ~ ~

NSW Government Gazette, 20 Feb 1839 5

    Colonial Secretary’s Office
    Sydney, 18th February 1839

TWENTY FIVE POUNDS REWARD
or,
A CONDITIONAL PARDON 

    Whereas it has been presented to the Government, that on the evening of the 22nd ultimo, Thomas Renton alias Thomas Weugh, a shepherd in the employment of Mr Matson, residing near Lake Colack [sic] at Geelong, was maliciously shot through the neck with a gun by one William Morris, hut keeper and shepherd, also in the service of Mr Matson, and that he has since died from the effects of the wound.

    And whereas the said William Morris (a description of whose person is annexed) has absconded, and is supposed to have gone to Portland Bay or Port Fairie; [sic] Notice is hereby given, that a reward of Twenty Five Pounds will be paid to any person, if free, who shall be apprehended and lodge the said William Morris in any of Her Majesty’s Gaols; or, if a Prisoner of the Crown, application will be made to Her Majesty for the allowance to him of a Conditional Pardon.

Description

Name, William Morris
Height, 5 feet 11 inches
Complexion, Fair
Eyes, Blue
Age, about 46 years
    Remarks, Wore when last seen, a blue plush jacket rendered brown by exposure to the sun, fustian trowsers, straw hat with a low crown.

    By His Excellency’s Command
    E Deas Thomson.

~ ~ ~ ~ ~

Geelong Police Magistrate letter, 16 Apr 1839 6

319

Reporting apprehension of William Morris
No. 18/39
39/5148   

Geelong Police Magistrate
    16th April 1839

Edward Deas Thomson, Colonial Secretary, Sydney
Sir
    I do myself the honor to inform you, that the person named in the margin (William Morris) was taken yesterday.
    I have the honor to be
        Sir
    Your Most Obedient Servant
[Signed] Foster Fyans, PM

~ ~ ~ ~ ~

Sir George Gipps, Governor’s minute, 23 Feb 1839 7

476

    Let the usual reward be offered – £25 or a conditional pardon.

[On the left hand margin]

Morris committed for trial, Geelong, 16-17 Apr 1839

    James Moon Matson, being duly sworn deposes:
    My shepherd Thomas Renton was murdered on the night of the 22nd January 1839.
    The prisoner was my hired hut keeper and absconded on that night. I identify him, William Morris.

    John Summers, being duly sworn, deposes that:
    The prisoner William Morris fired a loaded gun at Thomas Renton, alias Weugh, on the night of the 22nd January 1839, of which wound he died on the following day. I have known the prisoner William Morris for 19 years. I identify him.
    James Moon Matson, John Summer and Assistant Colonial Surgeon Clerke each bound under recognizance of £100 to appear at the Supreme Court, Sydney, or such as the Attorney General may appoint.

    Mr Joseph Sutherland, being duly sworn deposes that:
    I apprehended the prisoner William Morris n Saturday evening the 13th

477

instant. I was assisted by William Padfield, my oversees, and we lodged him safe with the police at Geelong on the 16th instant. He had no gun with him.

    William Padfield, being duly sworn, deposes:
    I assisted my master Mr Sutherland. We apprehended William Morris, the murderer of Mr Matson’s shepherd. We have lodged him safe in custody of the police at Geelong on the 16th instant. When we took him he had no arms with him.

~ ~ ~ ~ ~

Geelong Police Magistrate letter

Geelong Police Magistrate
Sydney 17 Apr 1839

John H Plunkett, Attorney General, Sydney
    I do myself the honour to bring to your notice two depositions regarding the capture of William Morris, the murderer of Mr Matson’s shepherd, and hope that the reward offered by the Government for his apprehension may be paid to Mr Sutherland and William Padfield.

    In my opinion the best means of securing the safety of the reward is by remitting the money to me, when it shall be paid to them in the office.
[Signed, Foster Fyans, PM]

~ ~ ~ ~ ~

John H Plunkett, Attorney General’s minute, n.d.

    The depositions are in my office, by which it appears that William Morris was apprehended by [Joseph] Sutherland and [William] Padfield. He is to be tried for the murder at the next Assizes of the Supreme Court.

~ ~ ~ ~ ~

Sir George Gipps, Governor’s minute, 29 May 1839

    As these parties appear to be entitled to the reward, the Colonial Secretary [Edward Deas Thomson] is requested to take the best means of having it paid to them.

~ ~ ~ ~ ~

Melbourne Police Magistrate letter to E Deas Thomson, Col Sec, Sydney, 21 May 1839 8

670

List of prisoners forwarded per Paul Pry
39/68
39/6313

[Colonial Secretary’s Office]

Melbourne
21 May 1839

Sir
    I have the honor to report for the information of His Excellency the Governor that I am under the necessity of forwarding to Sydney the 13 prisoners as per enclosed return who have principally received sentences at the late quarter sessions held in this town. I am particularly desirous they should (tenor ?) this as soon as probable as from the nuisance nature of the temporary gaol attempts at escape

671

are sure to be made. I have therefore engaged a passage for them on board the schooner Paul Pry together with one for the Constable (Robinson) of the Sydney Police who came here on duty some time back and who will now return in charge of these prisoners assisted by an escort of one Corporal and three privates 28 Regiment. They are to embark tomorrow morning and I have engaged their passages at six pounds a head
    I have the honor to be
        Sir
    Your most obedient servant
[Signature illegible]

 

672

Prisoners in HM Melbourne Gaol, Port Philip, Under Sentence of Transportation, 21 May 1839

 

 

 

 Free or Bond

 

 No.

 Name

 Ship

 On Arrival

 On entering gaol

 Sentence

 1

 George Reynolds

 Governor Ready

 Bond

 Free

 7 yrs transportation

 2

 Timothy Wall

 Hadlow

 Bond

 Free

 7 yrs transportation

 3

 Tomothy Dealy

 William Myles

 Bond

 Free

 7 yrs transportation

 4

 Thomas Hill

 Surry (3)

 Bond

 Free

 7 yrs transportation

 5

 Joseph Hudson

 Persian

 Bond

 Free

 14 yrs transportation

 6

 Thomas Townsend

 Hyderan

 Bond

 Bond

 Life, to a Penal Settlement

 7

 Thomas Delaney

 Lady Harewood

 Bond

 Bond

 Life, to a Penal Settlement

 8

 David Thomas

 Lord Melville

 Bond

 Free

 7 yrs

 9

 Heneretta O'Neal

 Burrell

 Bond

 Bond

 2 yrs (3rd class) Factory

 10

 James Allen

 Asia

 Bond

 Bond

 12 mths to Iron Gang

 11

Thomas Pittman

 Recovery

 Bond

 Bond

 12 mths to Iron Gang

 12

Elizabeth De Villien

 Buffalo

 Bond

 Bond

 Female Factory

 13

 William Morris

 Lady Castlereagh

 Bond

 Free

 To be forwarded to Sydney for trial for murder

                                                                                          ~ ~ ~ ~ ~

 Justice J Dowling’s Notebook 9

63

Coram Dowling CJ
& a Civil Jury
Saturday 2nd Nov 1839

 

Regina

 

 v.

 

William Morris

Murder of Thomas Renton, alias – Weugh, on 22nd 

January 1839 at the Barwon River by shooting him with 

a gun loaded with a bullet & powder in the neck.

64

    Attorney General – not apprehended till April.

    John Sumner – I am a shepherd. I live (Worungbullen ?), 10 between 50 & 60 miles from Geelong & 100 from Melbourne. I was in the service of Mr Matson. I had charge of his sheep myself – the prisoner was hut keeper & Thomas Renton, he was shepherd. He is dead. I saw Morris shoot him. He shot him in the little hut on the other side of the Barwon River. It was on the 22nd January – Myself & Renton came home to supper about sunset – we yarded our sheep, & there was some mutton stewing in a dish by the fire, & Renton said to Morris it was not fit for a dog to eat – & I told him to put it in the pan to warm it again,

65

which he did. Morris then asked if we would have our supper inside or out of the hut, because generally we used to take it outside if it [was] a fine evening. We went inside & Morris brought the dish in. I sat down on left & Renton on the right side & Morris passed between us. He went to the other side of the hut & while we were (stooping ?) he took one of the pieces a carbine, & discharged it at Thomas Renton. He was wounded (then ?) & through the cheek, & he died next day. After the gun was fired, he was loading again. He went to Renton & took a powder flask out of his pocket, & began loading again –

66

I took up my piece & passed by Morris & made my escape to the Home Station – about 7 miles off, leaving Renton in the hut. Next morning I brought back Mr Matson, & another gentleman & we found Renton alive, under a kangaroo rug – He was sensible. He lived till that evening. The prisoner did not say a word, before he went away. He said “I’ll have you all.” This was while I was making my escape. I never knew of any quarrel. We had only been there 15 days altogether. I have known the prisoner since 1820. I knew him in Van Diemen’s Land. He got free (there ? then ?) & I did. I met him in Port Philip when he came to hire himself to Mr Matson – I believe person

67

deceased & he were acquainted in Van Diemen’s Land. They were always good friends & he & Morris went out. I have never been much in his company – There was never a word spoken I knew of any grudge. There was no (trouble ?) there. Renton was 23 – He came from Campbell’s (Farm ?) – I knew Renton for 5 years. He had been a prisoner. There was no words while I was [there]. The prisoner is about 40 – I left prisoner in the hut that morning. I went on one side of the river, & Renton fed his sheep near. I was about 10 minutes or quarter (hour ? home ?) before Renton. Prisoner can’t read. We sent for Dr Clark. I never saw the prisoner again till I saw him at Captain Fyans at Geelong.

68

    James Matson. I am a sheep holder living in the district of Geelong. – I have two stations. Five miles apart. I had 3 shepherds. Sumner and Renton or Waugh & the prisoner. I heard of Renton’s death in the evening of 22nd January – reported to me by Sumner. I went to Mr Rickets 3 miles off. He went with me at daylight the following morning to the hut & found Renton in the hut. He was lying down in a reclining position. He was not then dead. He knew my voice & answered. He was shot in the neck. I did not examine the wound particularly. I told him to keep up his spirits & I would send for a surgeon. He spoke coherently, not (?) his (?). The prisoner was absent.

69

He was taken up about 4 months afterwards. I missed one gun – which had been given to the prisoner for protection. It was necessary to arm them in case of attack from the natives. When I told him to keep up his spirits, he said it was all over – or a settler. I had employed the prisoner a month or 6 weeks previous. He hired himself as a hut keeper. I had very little intercourse [with] him. I imagined him to be a useful trustworthy man. He was not a stupid man. He got his orders from me & executed them properly. A day or two before, I went to the station, & the prisoner was not there. The man Waugh told me he had planted himself

70

for fear of the mounted police – that the prisoner had got into debt at Melbourne & he was fearful. I saw him on the evening previous to the death. He is an illiterate man. I took him without character. As far as I know the prisoner was of sound mind – I looked upon him as an honest trustworthy servant. I believed Sumner’s story. The prisoner was taken 60 or 70 miles [away].

    Jonathan Clark [aka Clerke]. Surgeon, College of London. I live at Geelong. I saw Renton on the 24th January. He was dead. He had a gun shot wound. The ball entered an inch below the lobe of the left ear – it fractured the lower jaw – & ruptured the blood vessels – palate, & took a course downwards, it entered the root of the tongue. It came out at the (?) the lower jaw. I am sure it was a gun shot wound.

71

That wound was the cause of his death. The deceased was about 55.

    Joseph Sutherland. I am a settler at Geelong – Port Philip. I took the prisoner at my station, between 30 & 40 miles of Mr Matson. I had heard he had committed. He came to my station on 13th April – I had seen him before. He said he wanted some meat. He was nearly naked & he had only a pair of trowsers. He (had ?) He was in a wretchedly deplorable situation. He asked me for a shirt – I gave him shirt & then a jacket & trowsers – & hat & shoes. I told him I must know his name before I gave him anything more. He told me

72

to give him something to eat & he would tell me presently. I sent him into a hut to my servant & he got something & then I went in & enquired his name & he told me his name was Jack Sweet. The prisoner asked my man if he would let him have a musket & some provisions & the man came out & told me this. We then took him on suspicion & tied his hands. I told him I suspected his name was William Morris – I had seen him before at a station of mine 6 or (?) months when he had brought a lame man. I recollected him soon afterwards. I reminded him of the (circumstances ?). He said it was no use denying himself to me – that I knew him – I told him I must secure him for the murder [of]

73

that man. He said he was willing to die – I kept him from Saturday evening till Monday before I could get my horses. I took him down on the Monday to the Police Office at Geelong.

    The prisoner seemed in his mind tormented – He was wanting my servant to drown him & put him out of the way – It appeared as if he had something preying on his mind.

    [Prisoner has] nothing to say in his defence.

    Mr [Henry] Keck the gaoler. When he first was received in gaol he made some clumsy attempts at insanity & I threatened him punishment & told him he could not impose upon me. After

74

that he appeared perfectly sane. He gave extraordinary answers when called at muster times. That was not his name. Some foolish remark he would not answer. He was some months under my observation. I particularly watched him. I am convinced he is quite sound. I have no suspicion. He has always appeared depressed in spirits. He has never expressed any wish to see a clergyman.

The Jury find prisoner William Morris – Guilty.

   11  Mind haunted by remorse. Probably the hell of his mind – (More ?) (time ?) Prepare to seek mercy.

~ ~ ~ ~ ~

The Sydney Herald, Mon 4 Nov 1839 12

LAW INTELLIGENCE.
———◦———
SUPREME CRIMINAL COURT.


    Saturday – [2 November 1839] Before the Chief Justice [Dowling]

    William Morris was indicted for the wilful murder of Thomas Renton, Alias Waugh, at the Bargon River, on the 22nd of January, by shooting him.

    The prisoner was a freeman in the employment of a gentleman named Matson, at Port Phillip, as hut-keeper, at a sheep station, the shepherds at which were named Renton and Sumner and all the parties had been known to each other in Van Diemen’s Land. On the evening of the 22nd of January, the shepherds returned home about the usual hour, and found their supper, some mutton, standing before the fire; Renton said that it was not fit for a dog to eat, and Sumner told Morris to put it in the pan and warm it, which he did. Morris asked them whether they would have their suppers inside or out; they said inside, and sat down, when the prisoner passed across the hut, took up a musket, and without saying a word shot Renton through the neck, and taking a powder flask from Renton’s pocket reloaded his gun and made his escape, and was not taken for four months, when he was apprehended by a gentleman named Sullivan. Renton lingered about twenty-four hours, and expired. No cause whatsoever could be assigned for the act, the parties having been friendly. The Chief Justice examined the witnesses as to the prisoner’s sanity, and they all agreed in thinking him of sound mind. Mr [Henry] Keck 13 said that when Morris first arrived in Sydney he made some clumsy attempts at insanity, but upon his threatening him and telling him he would not be imposed upon, he left off his attempts, and he believed him to be sane, but he was always very much depressed. Guilty.

    After the jury had returned their verdict Mr Matson stated that he had taken some pains to enquire as to the motives of the prisoner, and he believed that he had committed an unnatural offence, and was afraid that Renton would inform against him, and that was the reason he had committed the murder.

    His Honor immediately passed sentence of death upon the prisoner.

~ ~ ~ ~ ~

The Australian, Tue 5 Nov 1839 14

LAW.
———◦———
SUPREME COURT—(CRIMINAL SIDE.) 
————


    Saturday.– [2 November 1839] Before His Honor the Chief Justice [Dowling].

    William Morris, late of Chillon, was indicted for the wilful murder of Thomas Renton alias Wough, by shooting him with a gun loaded with a ball, at the Bargin River, on the 22nd January last.

   – [John] Sumner called – I am a shepherd in the service of Mr Matson, and was stationed with the prisoner, who was hut-keeper, and Thomas Renton, the shepherd, near Geelong, in the Port Phillip district; Renton is dead; I saw the prisoner shoot him in the little hut, on the other side of the Bargin River; on the night of the 22nd January, Renton and I came home to supper at sundown. We yarded our sheep, and left supper standing on a dish at the fire; Renton said it was not fit for a dog to eat; I said shove it in the pan again; the prisoner asked us whether we would have our suppers inside or outside of the hut? We went inside, and brought the supper in; I sat down on the right side, and the prisoner on the left side of Renton; I went to the fire to cook the meat and the prisoner went over to a corner in the hut, and took up a carbine and shot Renton through his cheek; he then began loading it again, going first to Renton, and taking a powder flask out of his pocket; I took up my piece and made off to my own station, leaving Renton in the hut; in the morning I returned with Mr Matson and another gentleman; we found him alive lying under a kangaroo rug – he was sensible and lived until that evening; the prisoner went away after he shot Renton, exclaiming, “I’ll have you all;” I never knew any quarrel between the deceased and the prisoner; we were living fifteen days there; I knew the prisoner in Van Diemen’s Land since 1820; I met him at Port Phillip in January last; I believe the deceased and the prisoner were acquainted in Van Diemen’s Land; they were always good friends; I never saw anything wrong in his head; I have never been much in his company, but have seen him on and off for nineteen years; I knew of no grudge between them; he did not appear to be irritated about the supper; we had no drink; Renton was about twenty-three years of age, he became free at the Derwent and came from a place called Campbell Town; the prisoner is about forty years of age; I am fifty-five years; I left the prisoner in the hut in the morning of that day; I went on one side of the river, and Renton fed his sheep near home, on the other side; I was at home with my sheep that day, about a quarter of an hour before Renton; the deceased was able to speak, on the day I returned with Mr Matson – he did not think he was going to die; I did not see the prisoner until April when I saw him at Captain Fyans’s, the magistrate; nothing seemed the matter with his mind then.

    Mr James [Moon] Matson called. – I am a sheepholder and have a station at Geelong; I have two stations five miles apart; I had three servants on the outstation – Sumner, Renton alias Wough, and the prisoner at the bar; I heard of Renton’s death on the evening of 22nd January; Sumner reported it to me; I left the station and went to one, three miles off, for the assistance of Mr Reikelts, and we went to Renton at daylight the following morning; we found Renton in a reclining posture – he could speak, but not much; he was shot in the neck, but I did not examine the wound particularly; I told him to keep up his spirits, that I would send for a surgeon; he spoke coherently; the prisoner was not there and a gun was missing – the one left for the prisoner’s protection; I did not see him again until I saw him at the Police-office when he was committed; Renton said he was afraid it was a settler with him, or that it was all over with him; I had employed the prisoner only a month or three weeks previously; I never observed anything strange in his manner – I imagined him to be a useful, valuable servant; he was not at all a stupid man; he always executed his orders properly; a day or two before I went to the station, and the prisoner was not there, and Renton told me he had planted for fear of the mounted police, that he had got into debt in Melbourne; the only way in which I can account for his committing this murder is, by the supposition, which I have heard, that he had committed some crime, and had been heard to say to the deceased, that he would rather be hanged for murder than be taken for that crime; I look upon Sumner as a honest trustworthy servant; I had no suspicion that he was the man who committed the act and put it on the prisoner; I believed his story.

    Mr Jonathan Clark, Surgeon, called – I reside at Geelong; I saw the deceased on the 24th January last; the cause of death was a gun-shot wound; the ball entered an inch below the lobe of the left ear, fractured the lower jaw, having ruptured the blood vessels and palate and taking a course downward to the root of the tongue; it came out on the opposite side, fracturing the jaw, a little below the place where it entered on the opposite side.

    Mr Joseph Sutherland called – I am a settler at Geelong; I apprehended the prisoner at my station, thirty or forty miles from Mr Matson’s station, hearing that he had committed murder; I had seen him before; he said he wanted some meat; he was nearly naked having nothing on but a pair of trousers; he asked me for a shirt; I gave him one; and he asked me for jacket and trousers, hat, and shoes; I told him I must know who he was before I gave him any more; he told me to give him something to eat and he would tell me presently; I sent him into a tent where my servant was; I went in and asked him his name and he said his name was Jack Sweep; he asked my man if he would let him have a musket and provisions; I then apprehended him on suspicion, and told him his name was William Morris; I had seen him six or eight months before at a station of mine when he brought a lame man; I reminded him of the circumstance; he said, it was no use denying himself to me, that I knew him; I told him I must secure him for the murder of the deceased; he said, he was willing to die, I kept him from Saturday evening to Monday before I could get any horses to forward him; on Monday I brought him to the Police Office at Geelong; the prisoner’s mind seemed to be very much tormented by something preying upon it and he sometimes talked strangely and wanted one of the servants to drown him.

    Mr Keck, the principal gaoler, being sworn, stated, that when the prisoner came first to the gaol he affected to be insane, but when he threatened him with punishment, he said, he could not impose on him and afterwards conducted himself with perfect sanity; he watched him narrowly for some months and never detected anything to justify a suspicion that he was not sane; he always appeared very much depressed.

    The prisoner declined cross-examining the witnesses or making any defence.

    His Honor said, this was a most tragical and extraordinary deed of blood, without provocation or any apparent motive for taking the life of a fellow creature; whatever was preying on the unhappy man’s mind it was impossible to say.

    The jury retired for a few minutes and returned with a verdict of guilty.

    His Honor called upon Mr Manson to state all he knew about the circumstance.

    Mr Mason repeated, that he believed the prisoner had been guilty of some unnatural crime, which he had communicated to the deceased, whom he observed talking with himself, and it was probably he [sic–the?] apprehended had divulged his secret.

    His Honor then addressed the prisoner in a short but impressive manner and passed on him the sentence of death.

~ ~ ~ ~ ~

The Sydney Monitor, Wed 6 Nov 1839 15

SUPREME COURT.
————————
Saturday, 2nd November.

(Before the Chief Justice.)

    William Morris was indicted for the wilful murder of Thomas Renton alias Waugh, at the Bargon River, in the district of Port Phillip, on the 22nd January last, by shooting him with a musket through the neck, from the effects of which he lingered for twenty-four hours, and then died. The prisoner and the deceased were shepherds of Mr Watson, at Port Phillip, and the prisoner as laid in the indictment, deliberately shot Renton while sitting at supper, after the act, the prisoner reloaded his piece and absconded and was not apprehended until four months afterwards. The Jury found the prisoner guilty, and Mr Matson then stated to the court, that the only reason he could assign for the prisoner’s shooting the deceased was that the former having committed an abominable offence of which he was aware the deceased was cognizant, was fearful of being informed against by him. Sentence of Death was passed upon the prisoner in the usual form.

~ ~ ~ ~ ~

The Sydney Gazette and New South Wales Advertiser, Thu 7 Nov 1839 16

SATURDAY, 2ND NOVEMBER [1839].
(Before the Chief Justice [Dowling])

    William Morris was indicted for the wilful murder of Thomas Renton, alias Hough, at the Bargon River, on the 22nd January last, by shooting him in the neck.

    It appeared from the evidence that the prisoner had been a hut keeper in the employment of Mr Matson, residing near Geelong, in the district of Port Phillip. The deceased was a shepherd in the same employment.

    John Sumner, another shepherd, stated that he was employed at the same station with the prisoner and Renton in January last. On the evening of the 22nd of that month the witness returned home about a quarter of an hour before the deceased; when he arrived they yarded their sheep and went to the hut for their supper; there was some mutton in a dish near the fire, which the deceased said was not fit for a dog to eat; he (Sumner) told the prisoner to warm the meat, which he did, and then asked them if they would have their supper inside the hut or outside which latter was usual on a fine evening; they went inside the hut and the deceased carried in the meat; deceased sat on the other side; just as they had taken their seats, the prisoner passed them and went to the other side of the hut; he stooped down and picked up a musket, which he presented at the deceased and fired; the charge entered the neck of the deceased on one side and came out on the other side; Renton died the next day at the head station of Mr Matson, to which he was taken. After the prisoner fired the shot, he took up another piece and crossing over to the deceased he took a powder flask from his pocket and began to load again; he then said he would have them all, and witness passed him and escaped from the hut and went to the head station of Mr Matson, about six or seven miles distant; witness did not return until the next day, and when he did do so he was accompanied by Mr Matson and another gentleman; the deceased was lying on the ground under a kangaroo skin rug, he was sensible, and lived until the evening about the same time as the previous day he received the shot, when he expired; when they returned to the hut the prisoner was missing, he had gone away and taken a musket along with him; witness knew of no quarrel between the prisoner and the deceased, or any provocation that could have led to the murder; the prisoner and the deceased were both free men; they had become free in Van Dieman’s [sic] Land, where they had known each other.

    Mr [James Moon] Matson was next examined. – He deposed to the facts as related by the last witness; that he received information from him of the circumstances under which the deceased was wounded. As soon as this was communicated to him he proceeded to another station at a short distance for the purpose of procuring assistance, and at daylight the next morning he proceeded to the spot where the shot was fired; the prisoner was absent from the hut; the deceased was lying down badly wounded in the cheeks; he appeared sensible, and witness told him to keep his spirits up, and that he should soon have a surgeon to attend him; he replied that it was all over with him, or that it was a settler with him; he died the same evening; the prisoner was not taken until about four months afterwards, when he was captured by a gentleman named [Joseph] Sutherland.

    Mr [Jonathan] Clark, a surgeon, residing at Geelong, stated that on the 24th January he examined the body of Renton, the deceased, and found death to proceed from a gun-shot wound in the throat.

    Mr [Joseph] Sutherland, a settler residing about sixty miles distant from the scene or the murder, stated that in the month of April the prisoner came to his station in a very deplorable state, almost naked, covered only with an old pair of trowsers [sic]. He asked for some clothes, which were given to him, and then he requested that some meat might be given to him. He was sent into a room with one of the servants and supplied. While he was with the servant, he asked if he could procure him a musket, which request the man communicated to Mr Sutherland. The witness then asked the man his name, and he said it was Jack Sweet. After a little time the witness recollected that the prisoner had been at his station about eight months before, and that his name was [William] Morris; this he now charged him with, on which the prisoner said, “it is of no use denying it.” Witness then said he should take him into custody for the murder of a man; Morris replied that he was willing to die. He appeared disturbed in his mind and wished one of the men to drown him. On the Monday following he was taken by Mr Sutherland to the Police Office at Geelong.

    In the course of the examination, His Honor the Chief Justice put several questions to the witnesses with a view to ascertain whether the prisoner was of sound mind or not. Mr Matson, his master, said he considered him in perfectly sound mind. After the murder, he had made several enquiries in order to discover if there had existed any grudge on the part of the prisoner against the deceased, and in that enquiry he had ascertained something.

    The prisoner was asked if he had anything to say in defence, but as he had done all throughout the trial, he again declined to say anything.

    Mr [Henry] Keck the governor of the gaol, was then called and sworn. His Honor asked him if he had observed anything strange in the conduct of the prisoner since he had been in his custody in the gaol. Mr Keck replied that when Morris was first received he made several clumsy attempts at insanity; but he told him he would not impose him as he would have him punished; after which time he appeared perfectly sane. He, witness, continued closely to watch him, and he observed nothing which led him to suppose him of unsound mind.

    His Honor then summed up the case to the jury, who retired for a short time and then returned a verdict of guilty.

    As soon as the verdict was delivered, His Honor recalled Mr Matson, and directed him to state the result of his enquiries, which he had mentioned. Mr Matson said he had been informed that the prisoner had been guilty of some unnatural crime, of which the deceased had a knowledge, and it was supposed that Renton had communicated it to him when he visited the station the morning before the murder, as he had been seen conversing with the deceased.

    His Honor then passed sentence of death on the prisoner, directing his execution to take place on such day as the Governor should appoint.

~ ~ ~ ~ ~

Enclosure A 1 to NSW Executive Council Minute No. 36, 1839 17

    Report of the Cases of Capital Convicts tried before Sir James Dowling, (?), Chief Justice, at the criminal Sessions of the Supreme Court of New South Wales, holden at Sydney in the Month of November 1839.

    The Queen v. Wm Morris: The Prisoner Wm Morris was tried before me on the 2nd [November 1839] Instant for the wilful murder of Thomas Renton alias Weugh at Barwon River in the District of Geelong on the 22nd January last by shooting him with a loaded Gun.

    The Prisoner and the deceased were free Shepherds in the employment of Mr James Watson, a Flock Master of Port Philip. On the evening of the 22nd of January last, the deceased and another Shepherd returned to their hut to supper. Whilst eating their supper the prisoner, who was Hut Keeper took up a loaded Gun, and without any apparent cause shot the deceased through the head and ran away. He was captured about (four ?) months afterwards in the Bush. It was suspected that the deceased was possessed of the knowledge of an unnatural crime alleged to have been committed by the prisoner, and that he committed the Murder to destroy the evidence of his guilt in that transaction.

    The jury found the prisoner Guilty, and I passed upon him the sentence of Death.

~ ~ ~ ~ ~

NSW Executive Council Minute, 13 Nov 1839 18

    Minute No. 36
    Counsel Chamber Sydney
    Wednesday 13th November 1839

Present
    His Excellency the Governor [Sir George Gipps]
    His Excellency Major General Sir Maurice C [Charles] O’Connell KCB [MLC]
    The Hon the Colonial Secretary [Edward Deas Thomson]

    The Council having met pursuant to summons His Excellency the Governor laid upon the table the Reports of the Chief Justice [Dowling] and Mr Justice Willis on the cases of Prisoners capitally convicted before them respectively, at the Criminal Sessions of the Supreme Court just terminated, in which sentence of Death have been passed and their Honors being severally introduced, explained the circumstances attending the cases respectively tried before them.

    The Council after an attentive and mature consideration of the same advice as follows, viz
William Morris, convicted of the wilful murder of Thomas Renton, and sentenced to suffer Death, that the sentence of the law be allowed to take its course.

~ ~ ~ ~ ~

The Australian, Sat 23 Nov 1839 19

    CRIMINALS UNDER SENTENCE OF DEATH.
—On Monday last, the Sheriff read the death warrants to the following criminals under sentence of death at the Gaol. William Morris, John Gorman, Peter Scallion, Joseph Saunders, and George Carey, whose executions are ordered to take place on the 26th instant; and Llewellan Powell, James Lynch, Charles Clipp, Alexander Telford, James Davis, and Archibald Taylor on the 29th instant; all convicted of murder; and also to three convicted of murder, and one of burglary and rape, who await His Excellency’s orders.

~ ~ ~ ~ ~

The Colonist, Wed 27 Nov 1839 20

    THE EXECUTION.— The five unhappy culprits, who yesterday morning were launched into eternity, were named William Morris, John Gorman, Joseph Saunders, Peter Scallion, and George Curry, all convicted of murder. The Catholics were attended by the Rev Mr Murphy; and the Protestants by the Rev Mr Cowper. They made no confession, but were to all appearance penitent. Mr Cowper has been incessant in his visits and attention to the spiritual comforts of these truly unhappy men, but we must confess that where there are so many individuals about to pay the forfeit of their lives to the offended laws of their country, that it seems to us a gross neglect on the part of the Bishop, never once to have visited them prior to their execution, or at least to have provided some other clergyman’s attendance on them in their cells. Place the conduct and the great anxiety shown by the Catholic Bishop and Chaplain to culprits of their Church, and we think that it will make even Dr Broughton blush.

~ ~ ~ ~ ~

The Sydney Herald, Wed 27 Nov 1839 21

DOMESTIC INTELLIGENCE


    EXECUTION – Yesterday morning William Morris, John Gorman, Peter Scallion, Joseph Saunders and George Casey, convicted of murder during the last session of the Supreme Court, were (executed ?) pursuant to their sentences. Two of them were Protestants, and were attended by the Rev Mr Cowper, and the Roman Catholics by the Rev F Murphy.

~ ~ ~ ~ ~

The Sydney Gazette and New South Wales Advertiser, Thu 28 Nov 1839 22

DOMESTIC INTELLIGENCE


    EXECUTION.– On Tuesday morning [26 November], at the usual hour, the five men ordered for execution underwent their sentence at the rear of the goal. Their names were Morris, Gorman, Saunders, Scallion and Murray, all convicted of the crime of murder. To-morrow morning seven more unhappy wretches, also convicted of murder, are ordered to suffer the like fate.

~ ~ ~ ~ ~

The Sydney Monitor, Fri 29 Nov 1839 23

    THE EXECUTION.– The five unhappy culprits, who yesterday [sic] morning were launched into eternity, were named William Morris, John Gorman, Joseph Saunders, Peter Scallion, and George Curry, all convicted of murder. The Catholics were attended by the Rev Mr Murphy; and the Protestants by the Rev Mr Cowper. They made no confession, but were to all appearance penitent. Mr Cowper has been incessant in his visits and attention to the spiritual comforts of these truly unhappy men, but we must confess that where there are so many individuals about to pay the forfeit of their lives to the offended laws of their country, that it seems to us a gross neglect on the part of the Bishop, never once to have visited them prior to their execution, or at least to have provided some other clergyman’s attendance on them in their cells. Place the conduct and the great anxiety shown by the Catholic Bishop and Chaplain to culprits of their Church, and we think that it will make even Dr Broughton blush. –

    Colonist.– A more unmannerly censure, and one more mawkish in principle and sentiment, we never read, as applied to a dignified Clergyman of high character for clerical consistency and a rational piety such as distinguish Bishop Broughton, and we are surprised Mr M’Eachern should allow his Subs to obtrude their ignorant vulgarity on the public in this particular. If Bishop Poulding [sic–Polding] thinks he has devine call to supersede the labors of the inferior Clergy, in God’s name let him attend on the culprits doomed to died. Nobody ought to interfere with it. But, to make this, a work of perfect superreogation [sic], and what many pious people think, a going out of a Bishop’s way to do that which any clergyman can do, the rule of anoth Bishop’s conduct, is as impertinent and rude as it is unjust. We hope Bishop Broughton may never think it his duty to visit condemned persons. It would appear in him like Pharisaism. Bishop Poulding is a dignatory [sic] of primitive simplicity and peculiar Christian genius. What sits well on him and is both estimable and amiable, would not sit well on other Church dignitaries. Far be it from us to detract from the truly apostolical spirit and temper of this most amiable of churchmen.– Ed. Syd. Mon.)

 


1  SRNSW: NRS880, [9/6317], Supreme Court, Papers and depositions, Geelong, 1839, No. 8. Emphasis added.

2  Mn: 30 January 1839

3  SRNSW: NRS905, [4/2471], (39/1921), Col Sec, Letters received, 1826-1982, pp. 112-3, 166-70, R1918.

4

Let a reward of £25 or a conditional pardon be offered [initialled Governor] G[eorge] G[ipps] Feb. 13.
Return the Depositions to the Attorney General Feb: 14.
See (V ?) 14 Notice Attorney General 18 Feb 1839
Let the usual reward be offered [initialled Governor] G[eorge] G[ipps] £25 or a Conditional pardon Feb. 23.
A Reward of Twenty five Pounds or a Conditional Pardon has been already offered by Notice on 18th February, on a Communication submitted by the Attorney General 26 Feb.
Inform him accordingly Feb 26.
Pol Mag Geelong 4 Mar /39.

5  SRNSW: R3743, NSW Government Gazette, Number 392, Wed 20 Feb 1839, p. 234.

6  SRNSW: NRS905, [4/2471], (39/5148), Col Sec, Letters received, 1826-1982, p. 319, R1918.

7  Pauline Jones (ed), Historical Records of Victoria: Beginnings of Permanent Government, vol. 1, Vic Government Printing Office, Melbourne 1981, pp. 476-7.

8  SRNSW: NRS905, [4/2471], (39/5148), Col Sec, Letters received, 1826-1982, p. 670-2, R1918. Emphasis added.

9  SRNSW: NRS5869, [2/3353], Judiciary, J Dowling, CJ. Notebooks Proceedings of the Supreme Court of NSW, 1828-44, pp. 64-74. Emphasis added.

10 The name Worungbullen sounds very much like it might be an original name for present-day Warrnambool. The distance John Sumner cites from Geelong and Melbourne would support this.

11 Mn: Heartless & cowardly mind

12 The Sydney Herald, Mon 4 Nov 1839, p. 2. Emphasis added. 

13 Mr Henry Keck, Principal Gaoler Sydney gaol appointed 1 Oct 1837. Appointed Acting Superintendent Carters Barracks (House of Correction), 24 Nov 1838. 

14 The Australian, Tue 5 Nov 1839, p 2. Emphasis added.

15 The Sydney Monitor, Wed 6 Nov 1839, p. 2. 

16 The Sydney Gazette and New South Wales Advertiser, Thu 7 Nov 1839, p. 2. Emphasis added. 

17 SRNSW: NRS4234, [4/1446], Executive Council, Appendices to minutes,1825–48, p. 252. 

18 SRNSW: NRS4232, [4/1520], Executive Council, Minute books, Minute 36, 13 Nov 1839, R2437. 

19 The Australian, Sat 23 Nov 1839, p 3. Emphasis added.

20 The Colonist, Wed 27 Nov 1839, p. 3. Emphasis added.

21 The Sydney Herald, Wed 27 Nov 1839, p. 3. Emphasis added.

22 The Sydney Gazette and New South Wales Advertiser, Thu 28 Nov 1839, p. 2. Emphasis added. 

23 The Sydney Monitor, Fri 29 Nov 1839, p. 2. Emphasis added.