(RlfflE & PUNISHTTIEMT

dusnuudnby oMGinsi P. LID DY MAGISTRATE, ADELAIDE

In 1629 the 's merchant ship During the journey, the Skipper was reprimanded by Pelsaert "" was wrecked on a reef of the over a drunken brawl at the Cape of Good Hope. Jacobsz off the Western Australian Coast, about 300 miles north of began to plot mutiny and when advances made by him to­ Perth. The events which followed make "M utiny on the wards Lucretia Jansz were rebuffed he devised a scheme which Bounty" read like the "Teddy Bears Picnic" — drownings would kill two birds with the one stone. The idea was to seize sunken treasure chests, rape and murder. Lucretia one night, strip her and smear her with excreta and Interesting, but what causes a lawyer to write about it in a pitch and thereby provoke Pelsaert to take punitive measures journal such as this? Well, although accounts of the incident which would cause the crew (many of whom were unfavour­ have been published from time to time, one aspect of the ably disposed towards Lucretia, but sympathetic with the Batavia wrecking which has not received the attention it Skipper) to join forces with Jacobsz, overthrow the Comm- deserves — certainly not by legal or penal historians (to my andeur and take the ship. After killing any of the crew who knowledge there has never been so much as a mention of the remained loyal to Pelsaert, they would use the ship and chests matter in any account of Australian criminal history) — is of money as the starting point for a life of piracy along the that it produced the first crime in our country's history, our Barbary and African Coasts. first criminal investigation and trial, 's first prison and Portion only of the plot had been executed when the look­ our first criminal punishment. out, mistaking heavy surf on the coral reef now known as This year is a fitting time to bring these facts to the atten­ Morning Reef for moonlight on the water, allowed the shop to tion of those among us who are interested in the origin of the run aground amidst chaos and loss of life better described in practice of our various forensic specialities in Australia, as the Late Henrietta Drake-Brockman's "The Wicked and the 1979 is the 350th anniversary of the Batavia incident in addit­ Fair" (Angus & Robertson, 1957). Most of the crew and ion to being 's 150th birthday. passengers eventually managed to reach nearby Beacon Island The Batavia set sail from in October, 1628, and Pelsaert, Jacobsz and a boatload of survivors sailed north carrying 316 men, women and children, 12 chests of silver in one of the Batavia's boats on a journey of almost 2,000 coin and a cargo which included richly jewelled ornaments. It miles to Djakarta. was 141 years before Cook discovered the East Coast of Aust­ , a follower of a 17th century sect ralia, but the Batavia did not have exploration as its object — leader, Torrentius, whose disciples did much as they liked in it was destined for Batavia (now Djakarta) on a trade mission. terms of morality, had become Jacobsz's henchman, and the Australia was yet unknown — a vague mass referred to as wrecking of the Batavia simply caused an alteration of plans. "The Southland". Cornelisz and other mutineers would remain with the other Previously, the Dutch had used an old sea route which kept wreck victims until Jacobsz or Pelsaert was able to return from them close to the coast after rounding the Cape of Good Hope Djakarta with a rescue ship. The mutineers would then seize — a journey which could take more than 12 months. Diseases, the rescue ship, murder the crew and commandeer the ship for however, which were wrongly attributed to proxim ity of ships their piracy. to land, and the discovery of a new route which cut the sailing The rescue ship did not arrive until September and in the time to 5 or 6 months by heading east with the Westerlies after intervening months Cornelisz directed a reign of terror over passing the Cape of Good Hope until nearing the unknown the survivors, conducting the greatest mass murder in our Southland and then taking advantage of trade winds to Djakarta, history. He promoted himself to "Captain-General", dressed caused the Batavia to sail towards Australia. An inability in himself and his cronies in the finest materials salvaged from mariners to accurately calculate longitude and an error by the the wreck and organised the deaths of all who did not curry lookout was to bring her aground in pounding surf during his favour. A t first the murders were carried out secretly at darkness on 4th June, 1629. night — the survivors would awake one morning and find The ship's complement included (Comm- several of their number missing. As he gained more confi­ andeur), Ariaen Jacobsz (Skipper), Jeronimus Cornelisz dence, however, Cornelisz would order killings in broad day­ (Undermerchant) and a passenger named Lucretia Jansz, the light in front of witnesses. Rape was an everyday occurrence. wife of a resident of Djakarta. It was an unfortunate combin­ On 3rd July the "Captain-General" issued instructions for ation from the outset, as relations between Pelsaert and the first murders and so committed the first crime in Aust­ Jacobsz were strained from an incident some time previously ralian history - he was accessory before the fact to murder of when Pelsaert was a lesser official than Jacobsz. On the voyage two sailors, Jan Cornelis and Thomas Wensel and a soldier, of the Batavia Pelsaert had been elevated to a position above Hendrick Jansz. The principal offenders were Mattys Beer, Jacobs* and this did nothing to improve matters. Davidt Zevanck, Coenraat Van Huyssen, Gysbert Van Welderen, 13 Daniel Cornelisz and Lenart Michielsz Van Os. The three ". The court comprised Pelsaert, Jacob Jacobsz (the victims were bound hand and foot and pushed from rafts into Skipper of the Sardam who later drowned before the trial deep water. Later victims were killed by being clubbed to was completed), Claas Gerritsz (who had been uppersteersman death, piked, knifed, strangled or hacked to death by swords — on the Batavia), Jacob Jansz (formerly an understeersman on a total of 96 men, 12 women and 7 children. the Batavia), Symon Yopson (High Boatswain of the Sardam) Full details of the crimes and of the subsequent trial are and Jan Willemsz Visch. Visch's occupation is uncertain and contained in original manuscripts written in gothic script by little is known of him other than that he was unable to write Pelsaert and currently housed in the Algemeen Rijksarchief and signed the records of the trial by simply making a mark. at the Hague. The documents read like a collection of horror Also included on the council was Salomon Deschamps, the novels. former Senior Assistant on the Batavia, whose sitting in judg­ A typical entry records portion of a confession extracted ment on the Batavia mutineers is quite remarkable as he had from an 18 year old cabin boy, Jan Pelgrom De Bye, during been guilty of strangling one of the children. the trial: There are various theories as to why Deschamps should "He further asked, why on 16 August, when Cornelis have been on the court — perhaps Pelsaert did not initially Alderszschans, youngster was to have his head cut off, he know the the man's implication in the m utinty; perhaps his begged so very much that he should be allowed to do it; involvement was not regarded as so blameworthy as to over­ confesses, that he had gone out on that day . . . and, coming ride the fact that he had been the third highest ranking Dutch into the tent, Jeronimus said to him, "Jan, here is my sword, East India Company Official on the Batavia and consequently which you have to try on the net-maker to see if it is sharp an appropriate member of a court. Deschamps was sentenced enough to cut o ff his head;" whereupon he was very glad . . . on 12th November and the reasons for penalty are possible meanwhile Mattys Beer came, who asked if he might do it, relevant to his inclusion on the court: which was granted him. So he took the sword out of Jan Van "Nevertheless, the Commandeur and the ship's council Bemmel's hand and took it to Gillis Phillipsen in order to file of the ship Sardam, on several considerations, as well it sharp. — Meanwhile Jan was busy to blindfold the boy in because the child had been poisoned by Jeronimus the presence of Jeronimus who said to the boy, "Now, be Cornelisz with Mercurium Sublimatum and could neither happy, sit nicely, 'tis but a joke" — meanwhile, Mattys Beer, live nor die. Secondly, because he has been forced to it, who had the sword under his cloak, slew him with one blow, as otherwise he would apparently have been killed; do cutting o ff his head. . ." not wish to proceed to the extreme with the aforesaid A number of men escaped the murders — led by a soldier Deschamps, but using grace in place of rigour of the named Wiebbe Hayes, they had been sent by Cornelisz to justice — have sentenced him . . . that tomorrow he nearby High Island, purportedly to look for water, but in fact shall be keel-hauled 3 times and after that be flogged as a ruse to divide the group of survivors and so make the with 100 strokes before the mast as an example to killings easier to perform. Cornelisz believed that Hayes' party others". would die of thirst and hunger, but they found water and lived Curiously, Deschamps was one of the signatories to this on seals and birds. An escapee from the bloodshed made his sentence. way to High Island and warned Hayes of what had been The trial commenced on 17th September aboard the on Beacon Island. Twice Cornelisz engineered assaults upon Sardam and then continued on Beacon Island. Cornelisz was High Island to capture Hayes' group but each attempt was held prisoner during the trial on Beacon Island while the repulsed, Cornelisz being taken prisoner on the second occas­ remainder of the mutineers were kept on Long Island and ion. transported to and from Beacon Island for the purpose of In the meantime, Pelsaert arrived at Djakarta in July. The giving evidence. Remains of a structure built of stacked coral Skipper, Jacobsz, was imprisoned there and Pelsaert was slabs have been found on Long Island and some believe that dispatched on the Sardam with a crew of 25 to rescue the they were the walls of our first prison. This is far from certain Batavia survivors and salvage the chests of coin. When the but Long Island, in any event, represents Australia's first form Sardam reached the Western Australian Coast in September, of prison. a small boat of Hayes' loyalists rowed out to it and warned Evidence was taken from numerous witnesses, the accused Pelsaert that the mutineers planned to seize the ship. Fore­ were confronted with such evidence and interrogated, confess­ warned, the Commandeur was able to capture the murderers ions were recorded and a record of proceedings was kept. without even a struggle. Under Dutch law a man could not be sentenced to death solely Being afraid to transport the culprits back to Djakarta on on the evidence of witnesses — this material had to be supple­ the small Sardam with only a light crew, Pelsaert decided to mented by his confession. Confessions, however, could be law­ bring the ringleaders to trial on the island. The Dutch East fully extracted by torture — the favourite method involving India Company, pursuant to its charter of 1602, had the the tying of a canvas around the suspect's neck and head and power to appoint its own prosecutors in its holdings beyond then pouring water into the bucket so formed until the level the Cape of Good Hope and later ordinances enabled its was above his nostrils. The suspect could lower the level by governor — General at Djakarta to either try and sentence drinking but it was then topped up until he suffocated or criminals himself or to delegate this power. The Governor- confessed. Any risk of false confessions was thought to be general, in his authorisation to Pelsaert to take the Sardam overcome by the requirement that the suspect must confirm to rescue the Batavia survivors, had delegated his power to the confession of his own free will 24 hours after the torture the Commandeur: had concluded (if he failed to do so he was simply tortured ". . .Ordering and charging all officers and sailors on the again until he did). yacht Sardam, also those who may be saved from the Apparently Dutch Law had changed (or was not as strictly wrecked ship Batavia . . . to recognise the before ment­ adhered to) by the next century, as appears from the fact that ioned Pelsaert as Chief over them and to acknowledge on 2/12/1727 two ship's boys were sentenced in the absence and obey him, in such manner as if all were responsible of any confession to be marooned on the Mangrove Islands by to ourselves. the council of the Dutch "Zeewyk" for the crime Done in the Castle Batavia, on 15th July, 1629" of sodomy committed after their ship had been wrecked near On this authority Pelsaert formed a legally constituted Gun Island off , W.A. in June, 1927. The log, kept court, referred to in his manuscript as the "Council of the ship by the understeersman, Van Der Graeff, reads: 14 ". . . but they were not willing to make a confession. near the mouth of the Murchison river), the crew saw several Wherefore we placed burning fuses between all their columns of smoke rising up from close inland. The ship's boat fingers. But being obstinate they would no more confess. was landed and the footprints of aboriginals were found on the So upon due consideration we resolved with the entire sand. Pelsaert took this opportunity to maroon Loos and De council, and the consent of the common hands, to place Bye. This early exercise in commutation of sentence does not these men apart on one of the northernmost islands.. . appear to have been motivated solely by any idea of mercy — this verdict has been passed, sentenced, announced and Pelsaert had been well brought up by his mercenary masters executed by us at Fredrik Houtman, on Dec. 2nd 1727/' in the Dutch East India Company and made use of the mar­ The ship's boys had been sentenced to death by starvation ooning to explore possible avenues of trade between the and exposure on desolate Coral Cays — an event which was, company and the natives. incidentally, the second criminal trial held in Australia (from Loos and De Bye were given beads, bells, small mirrors the translation of the journal published in "The Wreck on the and instructed to Half Moon Reef", (H. Edwards, Rigby, 1970). ". . . become known to them, if they will then take you During and after the Batavia trial, Cornelisz tried every into their villages to their Chieg Men, have courage to go trick in the book to avoid execution — he claimed he had been with them willingly. Man's luck is found in strange forced into crime under pain of death by others; he confessed places; if God guards you, will not suffer any damage but then retracted his confession; he requested to be taken to from them, but on the contrary, because they have never Batavia so that he could see his wife (thought to be non­ seen any white man, they will offer all friendship — existent); he attempted suicide and finally requested a delay meanwhile, shall observe with all diligence what mat­ of sentence to enable him to be baptised. erial, be it gold, or silver, happens there to be found, and On 28th September, the trial of the principal felons con­ what they esteem as valuable . . ." cluded. The following sentences were passed: Jan Hendricxz They were further told to keep a look out for other Dutch (24 years of age, soldier), Lenart Michielsz Van Os (21 years, vessels which might pass within sight in years to come and to Cadet), Mattys Beer (21 years, soldier) and Allert Janssen (24 signal them by smoke so as to be able to pass on any infor­ years, Gunner) were to have their right hands cut off and then mation obtained regarding trade. be hung by the neck. Jan Pelgrom De Bye (18 years, Cabin The two castaways, although they had saved their necks, Boy), Andries Jonas (40 years, soldier) and Rutger Fredricx were doubtless not much impressed with their prospects, as (23 years, Locksmith) were sentenced to be hung by the neck. earlier Dutch ships had witnessed crew members being speared The full sentence passed on Cornelisz was — when they tried to make contact with Papuan natives. Carstenz, "Jeronimus Cornelisz, of , Apothecary, and late in the "Pera" in 1623 had offered the crew "ten reals of eight Under Merchant of the ship, Batavia, on Monday, being for each black that they caught ashore and brought back the first of October, as he has requested to be baptised, aboard", but no one took advantage of his offer. Australia's (shall be taken) to Seals Island, to a place made ready first two white settlers, Loos and De Bye, were never heard of for it in order to exercise justice, and there firstly to again. cut off both his hands, and after shall be punished on During the voyage north to Djakarta, Pelsaert continued the gallows with the cord till death shall follow, with the trial of the lesser criminals and on 30th November sentenced confiscation of all his money, gold, silver, monthly Daniel Cornelissen ( 21 years, Cadet), Hans Heiljweck (23 wages, and all claims which here in India he may have years, Cadet), Andries Liebent (19 years, soldier), Hans against the profits of the Gen. East India Company, our Fredrick (18 years, soldier), Oliver Van Welderen (22 years, Lord Masters." Cadet), Jan Renou (22 years, soldier), and Isbrant Isbrantsen (20 years, Assistant) to various numbers of keel haulings, The eight condemned men were taken to Long Island (Seals flogging before the mast and dropping from the yard arm. Island) on 2nd October, a number of gallows having been After the Sardam reached Djakarta on 5th December, most erected. Many of the men who were about to die begged that of the prisoners were re-sentenced by the governor's council. Cornelisz should be hanged first so that they would know their On 31st January, 1630, to the dull roll of the soldiers' drums devious ringleader did not cheat the gallows. The "Captain- at Batavia Castle, four of the men, including Salomon Des- General" was hung screaming "revenge, revenge!" at those champs, were marched to the gallows. The 15 years and 17 who watched. One by one the remaining mutineers were hung, years old boys, Decker and Gerritsz, were ordered to draw but when the 18 year old Jan Pelgrom De Bye was reached he straws — the loser was hung and the winner flogged. A Lance- began screaming and crying. Pleading that he be marooned on Corporal, Jacob Cousijns, was placed on a wheel and his bones an island so that he could live a little longer. Pelsaert granted were broken. Others were flogged, exiled in chains, marked his request. with a brand or placed in a halter. What happened to Jacobsz, The Sardam did not leave Beacon Island on the return the former Skipper and proposed leader of the Batavia mutin­ voyage to Djakarta until 15th November. In the meantime, eers, is uncertain. Records indicate that he was still imprisoned Pelsaert directed salvage operations for the chests of coin. in Batavia Castle in 1631, but they are silent as to his fate. Most of the treasure was recovered, but one chest had been Thus ended a vicious first chapter of Australia's criminal broken open by the mutineers before the ship sank and a and penal history. further one had to be left on the sea bed as it was pinned beneath one of the Batvia's cannons. Pelsaert also continued his interrogation of lesser offenders on whom sentence was passed. The author owns a quite rare collection of coins (recorded with the Togier Decker (17 years, Cabin Boy) and Abraham Gerritsz W.A. Museum) which glittered in Australian sunlight for the first time in almost three and a half centuries in 1964, having been recovered (15 years) were to be keel-hauled three times and then flogged from the Batavia wreck site by W.A. divers after the wreck was dis­ before the mast, while Lucas Gellisz (Cadet) and Claas Har- covered in 1963. These huge silver ducatons — the blood money of the mansz (15 years) were to be dropped thrice from the yard-arm 17th century mutineers — some still encrusted in coral, some twisted and then flogged. Wouter Loos (24 years, soldier) was ordered and bruised by the crushing weight of cannon and ship's timbers, to be marooned with the Cabin Boy Jan Pelgrom De Bye. represent not an expensive Freudian reversion into childhood dreams On 16th November when the Sardem was near a small inlet of parrots, peg legs and pieces of eight, but a tangible and colourful on the coast (thought to have possibly been Wittecarra Gully link with our criminal and penal origins. 15 REFERENCES: "The Search for the Batavia" — C. Halls, "Annual Dog Watch", "Dutch Discoveries of Australia" - J.P. Sigmond & L.H. 1964, P.21. Zuiderbaan, Rigby, 1979. "Archaeological Survey of Sites Relating to the Batavia Ship­ "Voyage to Disaster" — H. Drake-Brockman, Angus & Robert­ wreck" — Paper by R. Bevacqua, W.A. Museum. son, 1963. "Sailor-Men's Ghosts" — M. Uren, Robertson & Mullens, 1940. "The Wicked and the Fair" — H. Drake-Brockman, Angus & "Australian & N.Z. Shipwrecks & Treasure" — I. O'Riley, Robertson, 1957. Southdown Press. "The Wreck on the Half-Moon Reef" — H. Edwards, Rigby, "A Seventeenth Century Time Machine" — J. Green & C. 1970. Pearson, "Australian Natural History", Vol. 18, No.8. pp. "Islands of Angry Ghosts" — H. Edwards, Angus & Robertson, 284-295. 1973. "The VOC Ship Batavia Wrecked in 1629 on the Houtman "Australian & N.Z. Shipwrecks & Sea Tragedies" — H. Edwards, Abrolhos, Western Australia" — J. Green, "The International Mathews/Hutchinson, 1978. Journal of Nautical Archaeology and Underwater Exploration" "Sharks and Shipwrecks" — H. Edwards, Lansdowne Press, (1975), 4.1 : 43-63. 1975.

An Invitation to Visit

An Australian health and fitness centre that doesn’t have a liniment and sweat Specialising in all automatic transmissions image and power steering repairs Lifestyle is in most states of Australia and Overhauls — Exchange Units Available is proud to offer facilities that are more 1 Byre Avenue, Somerton like and American Country Club than a Telephone: 294 1110 sterile fitness clinic. A. Hrs: 276 7488 Special Offer to Police Club Members Lifestyle Joining Fee. . . $ 3 0 .0 0 12 month Membership. . . .$ 1 2 0 .0 0 (Ordinary membership fee for 12 months is $ 2 3 0 .0 0 ) BIOSTETIQUE CENTRE We believe exercise should be for fun Specialists in and relaxation Hair Beauty and Ring Hal Thomas on 71 0080 for Permanent Waving your complimentary ticket 269 1022 After Hours 185 Cross Road, 44 3871 Westbourne Park 77 Walkerville Tee, S.A. 5041 Phone 71 0080 Walkerville Of Switzerland

R.A. CLIPSTONE BLACKWOOD PHARMACY 248 MAIN ROAD BLACKWOOD OPEN FOR YOUR CONVENIENCE MONDAY-FRIDAY, 9 a.m.-6 p.m. and 7-8 p.m. SATURDAY 9 a.m.-noon and 7-8 p.m southern SUNDAY AND PUBLIC HOLIDAYS 7 p.m.-8 p.m. AGENTS FOR MUTUAL HEALTH, MEDIBANK stop ST. JOHN AMBULANCE Motor Body Repairs Best Wishes to the Members of 21 Gumbowie Avenue, Edwardstown, S.A. 5039 The Australian Crime Prevention Council. From Blackwood Pharmacy Phone: 277 2261 — After Hours: 79 3622 Telephone 278 1143

16