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NSW 1820-1829 SYDNEY GAZETTE, 09/06/1825 Supreme Court of New INTER-PERSONAL VIOLENCE – NSW 1820-1829 SYDNEY GAZETTE, 09/06/1825 Supreme Court of New South Wales Forbes C.J., 3 June 1825 DEVIL DEVIL, alias BUMBLEFOOT , an aboriginal native, was indicted for violent assault on JEREMIAH BUFFEY , at Newcastle, on the 19th of September last. Guilty --- Remanded. Decisions of the Superior Courts of New South Wales, 1788-1899; Published by the Division of Law Macquarie University AUSTRALIAN, 16/11/1827 Supreme Court of New South Wales Trial, 14 November 1827 WILLIAM HARRIS, a seaman, was indicted for a violent assault on the person of JOHN LOADER. [This prisoner had been tried some days ago on the present charge, but the evidence then adduced being in the opinion of the Court not sufficient to support an indictment, under Lord Ellenborough's Act, he was acquitted, but the Attorney General detained the prisoner to answer the minor charge of assault.] JOHN LOADER examined - Is a publican living on the Rocks. One Sunday evening, now about six weeks back, prisoner came to his house and asked to be served with a pint of beer, which witness refused to do. Prisoner then went away, saying he would be revenged on him (meaning witness) for it. On the Thursday following witness had been from home a short time, and on his return found the prisoner in his house - he appeared to have been drinking. Presently asked witness to give him a pint of beer, but refused to do so. Witness's wife had previously served him with some beer, which he had not paid for, and witness demanded payment of the same. Prisoner then drew a clasped knife out of his pocket, and offered it to witness in pledge for his reckoning. Witness refused to do this, and desired prisoner to leave the house. The latter immediately with an oath said, "Then I'll pay your reckoning," and upon this opened the blade of his knife, and made a thrust with it at witness, who felt himself cut in the head, and the blood began to flow copiously. Witness had had no previous quarrel whatever with the prisoner, and had no weapon in his hand at the time of being stabbed. TIGLEY , a constable, deposed to having assisted in taking the prisoner to the watch-house. Prisoner did not seem in a very sober state at the time. Mr. CONNOLLY , Surgeon, stated, that the prosecutor applied to him for assistance on this occasion. On examining his head there appeared a wound about half an inch in width and in depth. It might have been inflicted by some sharply pointed instrument. The knife produced might have effected the injury. The wound appeared to have been cut in an oblique direction. A small artery was wounded, which witness was obliged, by means of stitching, to take up. The blood flowed very fast, until the artery was taken up, when it ceased. Prosecutor was perfectly sober at the time. Guilty. The learned Judge regretted it was not in his power to pass a heavier sentence upon the prisoner than that which he was about to do. The offence of which the prisoner had been found guilty was of so atrocious character, that the law in this instance would fail in meting out a proper degree of punishment to the offender. The sentence of the Court was, that the prisoner be imprisoned in the gaol, and kept at hard labour, for two years. The trial was also reported by the Sydney Gazette, 16 November 1827. Decisions of the Superior Courts of New South Wales, 1788-1899; Published by the Division of Law Macquarie University AUSTRALIAN, 10/07/1829 Supreme Court of New South Wales Dowling J., 7 July 1829 Mr. Justice Dowling having taken his seat, DAVID LAIGHTON was put to the bar, indicted for an assault on the person of MARGARET THURGATE , on the 6th May, at Sydney. It appeared from the evidence of the prosecutor, that she and her husband were living in the house of old Mrs. Leighton, in Cumberland-street, as servants. On the day mentioned in the indictment, the prosecutrix went out for a goose, and remained rather long. When she came in, the prisoner wished her to leave the house altogether, which she declined, when he assaulted her violently, tore her clothes, knocked her down; and struck her several blows before he forced her out of doors. It had been the wish of Mrs. Leighton, and her daughters, that prosecutrix should remain in the house. This evidence was corroborated by another witness. In defence, two constables proved, that the prisoner came to them, requesting their assistance, as Mrs. Thurgate would not allow him to see his mother, on which they went up, and saw Mrs. Thurgate. She appeared as if she had been drinking. The Jury brought in a verdict of -- Guilty. Sentence, fine £20, with liberty to speak to the prosecutrix, and to find bail to keep the peace for twelve months, himself in £40, and two sureties in £20 each. The money was immediately paid, and bail entered into. The Judge afterwards directed, that £10 should be returned to the defendant, and the remaining £10 should be given to the prosecutrix to compensate her for the injury she had received. Decisions of the Superior Courts of New South Wales, 1788-1899; Published by the Division of Law Macquarie University 07 October 2008 1 INTER-PERSONAL VIOLENCE – NSW 1840-49 SYDNEY HERALD, 09/02/1841 Supreme Court of New South Wales JAMES TIBBS, JOHN ROGERS, THOMAS ROGERS, JOHN FARRAL, and MICHAEL ROACH , were indicted for having while on board the immigrant ship Resource, on the high seas, committed a violent assault on one RICHARD POUNDS , by fastening him to the windlass, and giving him a dozen lashes. The parties were all indicted as natives of England, but it came out during the trial that four out of the five prisoners were natives of Ireland, who had been put on board the Resource at Plymouth, from an Irish steam boat. The first witness called was Richard Pounds, who being sworn, said, I am a plumber, a native of Kilkenny; I arrived on the 22nd of November; I embarked at Plymouth in the Resource from a steamer which had conveyed me from Dublin : we were five months on the passage : we embarked on the 21st of June, and sailed next day. The ship called at the Cape of Good Hope and stayed one week; I went on shore: I cannot swear how many passengers were on board: we were all bounty immigrants. After we had left the Cape I recollect something happening between me and the prisoners, all of whom were fellow- passengers of mine; four of them are my countrymen, all Irishmen, the only Englishman is James Tibbs. One evening on a Sunday morning between one and two o’clock, on board the ship, I was dragged out of my bed: half the voyage I slept on the poop, and the other half down the after hatchway. John Rogers dragged me out of my bed. I went to bed about three quarters past ten; had a glass of spirits and water before I went to bed; a man named PATRICK GALLATLEY slept with me; there were three poop messes, each of eight persons, all full. After I was dragged out of bed I dressed myself as quickly as possible, as they made use of such dreadful language that I was afraid; I saw the two Rogers there and Farrell; I wanted to go to the doctor, but they would not allow me. Tom Rogers seized me by the stock; I made my escape and went to the chief-mate, Mr. SHARP , and he told me to go below; I then went to the doctor and told him ; he came, with his lamp in his hand, and ordered all of us to go below; I then went to the second-mate’s door, and told him, when one of the passengers, named MAURICE CONROY , commenced looking for me in the women’s apartment, where they said I was whispering to Mrs. Conroy; I immediately took to the rigging, when Farran came up and ordered me down, and Roach was also coming up the rigging when I went down, they then took me forward and tied me across the windlass. I got loose and they tied me again; I again got loose and told them there was no occasion to tie me as I would stand it quietly. Tibbs then, on the order of Farran and Roach, gave me a dozen, which were given me over the left shoulder so hard that I could not lift my hand to my head for a week after. Farren and Roach wanted me to have another dozen, and I cried out that I was not able to bear it, then they wanted me to have half a dozen, and Tibbs said I was not able to bear it; next morning the reason alleged why I was so punished was, because they said I had cut off the rope securing the women’s apartments; they did not bring me to trial, but before that they had tried to bring me to trial, because they said I was not married and was bringing out a bad character as my wife; I would not shew them my marriage line; I am a married man. I was married in St. Paul’s parish, Dublin, by the Rev. Mr. Shipson. Cross-examined – I am certain I sailed from Plymouth in the Resource.
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