HOBBY'S OUTREACH Newsletter of: BLUE MOUNTAINS HISTORICAL SOCIETY Inc. P 0 Box 17, WENTWORTH FALLS NS\Xf 2782 ISSN 1835-3010 'Hobby's Reach', 99 Blaxland Road, Wentworth Falls, NSW Telephone: (02) 4757 3824 Email: [email protected] Web: www.bluemountainshistory.com Jvolume 21 Number 1 April-May 2009 1 Scandal at the Weatherboarll Inn in 1832 Contn'buted by Peter C. PJckwood Weatherboard Inn BMHS collection The following account gives an insight into the power of the military in the early nineteenth century when they not only acted as guards of convicts but also as constables and magistrates. The lower ranks could offend public decency with impunity knowing that higher ranks would defend them to 'protect the reputation of the regiment', yet ifthe lower ranks took.action against an officer then the Courts Martial served out the most severe punishment. The general public had little chance ofreal justice when crime involved the military, not even ifthe victim was defended by a highly respected legal person. \.____.,. Outline Private John Spillane appeared before Mr Justice Dowling in the Supreme Court on Monday 7 May 1832: indicted for a rape on the person of Mrs Catherine Hayes, on the 27th of January last, at the Weatherboarded-hut; and John Costello and Michael Omsley, as accessories before the fact.1 However, there was an allegation that Mrs Catherine Hayes had challenged the men to rape her and that she could not swear to the perpetration for being so intoxicated but she maintained that she: 'was perfectly sober, and never gave the soldiers the least encouragement' .2 It was also claimed that Mrs Catherine Hayes 'an abandoned woman' had several times said thatthe matter was over and done with. However an influential passerby, Sir John Jamison, intervened on behalf of the victim and brought a prosecution but in the Supreme Court; the accused men were acquitted and there the matter rests still. The whole incident reeks of cover-up, and of continuance of a Jong held dispute between a magistrate (one Captain Wright of the same 39111 Regiment as the accused), and a judge (Sir John Jamison). The latter had nothing to gain by bringing the matter to court whereas the former had the possibility of a loss of the reputation of the 39111 Regiment. An attempt has been made to unravel extensive, convoluted and often contradictory, contemporary accounts so if you have the mind to follow a fascinating case then please read on. The Cast The Victim Mrs Catherine Hayes 3 The Accused (from the Weatherboard Barracks located on a site now in Wilson Park ) Private John Spillane Private John Costello Hohqy}· Outremh Apri!-Nlqy 7009 Private Thomas Brennan Mounted Policeman Michael Omsley The Location Outside the Weatherboard Inn (located on the western side of Jamison Creek at a site now adjacent to Pitt Park) The Date of the Offence 27 January 1832 The Witnesses Private John Stephenson (later a protector of Mrs Hayes) Sergeant George Milward (an-esting officer) and from the Weatherboard Inn Inn-keeper William Heylin and Mrs Mary Heyl in Ostler John Cook, Ticket-of-Leave Waiter Joseph Edmunds, Ticket-of-Leave The Legal Persons Magistrate's Court at Penrith c. 6 or 7 February 1832 Captain Thomas Edward Wright, Presiding Magistrate Alexander Fraser, Clerk to the Bench Major George Druitt (one member of the Bench) Constable Pickett (investigating Policeman) Chief Constable John Proctor Supreme Court on Monday 7 May 1832 Mr Justice Dowling Sir John Jamison (who became involved when travelling to Bathurst in March 1832 with the servant William Richard Hamilton) The Basic Facts Mrs Catherine Hayes had been travelling from Bathurst to Windsor on 27 January 1832 and had stopped at the Weatherboard Inn when it got so late that she feared for her safety if she continued walking.4 lnn-keeper William Heylin testified that some of his soldier patrons had conversed in Irish and that Private Thomas Brennan had offered Mrs Catherine Hayes money to go into the bush with him but she declined saying she was man-ied and had ten children! William Heylin claimed that Private John Spillane had replied that: 'he would have her before ten o'clock that night' 5 and Private John Costello had gagged her and carried her outside for a distance ofabout 70 yards. A bystander and ostler named John Cook swore that Private John Costello who was: 'disguised in a Policeman's cloak, seemed desirous to take Mrs Hayes up as a bush-ranger'.6 Mrs Catherine Hayes swore7 to the disguise and to the fact that the wearer had gathered her up in his arms and carried her outside but had been unable to effect the rape without the help of another soldier who held her down by putting his foot on her neck. Mrs Catherine Hayes cried out and Mr William Heylin had gone out but said he could not assist her. 8 However, Mrs Catherine Hayes stated that both Inn-keeper William Heylin and his wife came and protested but left when the ~ ~ soldiers threatened to shoot them. 9 Finally Private John Stephenson had come to the aid of Mrs Catherine Hayes and guarded her with his gun. Next morning Sergeant Milward had accompanied Mrs Catherine Hayes to the house at about 10 11 2 7am and noted her torn clothing and bruised state and there were sworn statements in concurrence. • 1 Only Private John Spillane appears to have been arrested. Before the Magistrate At Penrith in February 1832 Mrs Catherine Hayes made a complaint to the presiding Magistrate Captain Thomas Edward Wright13 stating that it was soldiers (plural) from the Weatherboard Barracks who had ravished her and tore her clothing. 14 The time of this event was disputed, being stated to be 3am by William Heylin 15 and 11 pm by Private John Stephenson 16 who is said to have hidden near the scene of the atrocity and had witnessed it. 17 Ostler John Cook swore that Private John Stephenson had told him that he had seen: 'one man three or four times violate her, and beat her most unmercifully with a stick.' 18 Stephenson corroborated that account having been told by: 'Thompson, the grass cutter... that their men had a woman in the bush.' 19 Significantly, William Heylin stated20 that the soldiers were not intoxicated! Court Hearing But at the court hearing on c.5 or 6 February 1832 Captain Wright had not believed Mrs Catherine Hayes and refused to sight some: 'articles of apparel, tom, shattered, and besmeared with blood' 21 which previously had been shown to Constable Pickett. The Clerk to the Bench, Alexander Fraser, asserted that Mrs Hayes on being asked by Captain Wright to name the offenders had been unable to do so, and the Magistrate therefore was unwilling to take action, at which she became violent and abusive. 22 Mrs Catherine Hayes had also been told by Captain Wright: 'that if she chose to go up to the Weather-boarded Hut Inn, and point out the soldiers, she would be protected in so doing. ' 23 Captain Wright later wrote in the Press that his actions had been misrepresented in relation to a claim of rape by three soldiers of the 39•h Regiment24 which he identified as Private John Spillane (arrested), Private Thomas Brennan and Private John Costello. Private John Spillane was held in custody for nine days before being brought before the Bench which included Major George Druitt who, in a written statement, noted the insolent attitude of Mrs Hayes. Hob!(y~ Outreach 2 April-May :!009 WALKS & TALKS EXCURSIONS are generally held outdoors and SATURDAY MEETINGS with guest speaker may involve walking over uneven surfaces. It is commence promptly at 10:30am. important to wear suitable shoes and clothing Tea/coffee and biscuits available from lOam. appropriate to weather conditions and terrain. Tarella Cottage shop open from 1 Oam. Excursions are seldom cancelled. Check with leader if in doubt. Briefings are given at the Lunch served after meeting when volunteers are Saturday meeting prior to excursions. available. Research Room open with a researcher in attendance. Co-ordinator: John Low, 4782 3751. Library open for members to select and return books. Saturday ANNUAL GENERAL MEETING - The meeting will begin at the earlier time 4 of 10am with morning tea served at the conclusion of the AGM. This will be followed April by a presentation by historian and Society member John Low on 'Private John Parker: a tragic episode in Blue Mountains history with Anzac associ,'ltion.' Wednesday 22 April Saturday MEETING - Speaker: Jennifer Horsfield on 'The Edgeworth David Family of 2 Tyn":)-Coed, Woodford'. Jennifer is a Canberra historian and author with a special interest in the years around Federation and the women of that era. She 1s May currently writing a book on Cara Edgeworth David and her two daughters. Monday EXCURSION -A morning walk along the Transit of Venus track at Woodford, 11 led by John Low. While its origins are 19th century, the present track is the result of May a restoration project undertaken in the early 1990s and is named to commemorate the astronomical station established nearby to observe the Transit of Venus in 187 4. Roughly 3km return the walk is graded by the Conservation Society as Easy/ Medium. MEET at Woodford Railway Station at 9am. For more information contact John Low, 4 782 3 7 51. Saturday MEETING - Speaker: Dr Alan Roberts on 'The Johnstons of Annandale'. Hear 6 about the lives of Major George Johnston and his convict mistress Oater wife) Esther June Abrahams, prominent and colourful figures in Australia's early colonial life.