(RlfflE & PUNISHTTIEMT dusnuudnby oMGinsi P. LID DY MAGISTRATE, ADELAIDE In 1629 the Dutch East India Company's merchant ship During the journey, the Skipper was reprimanded by Pelsaert "Batavia" was wrecked on a reef of the Houtman Abrolhos 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, Australia'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 Western Australia's 150th birthday. passengers eventually managed to reach nearby Beacon Island The Batavia set sail from Amsterdam 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 Jeronimus Cornelisz, 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 Francisco Pelsaert (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 Sardam". 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.