Atkinson and Bingle beg leave to acquaint the public, that the Brig Fame, Thomas Young Master, will sail as a constant trader between this and the above Port; and, for the Accommodation of Settlers, and Shippers of goods, they will receive in their Stores all Goods to be sent to the above Port, without the additional Expense of Store Rent. Her Accommodations for Passengers are very good, having been newly fitted up, The Passage Money will be as heretofore in the Eclipse:
Cabin £1 10 0
Ditto, Individuals victualling themselves £1 0 0
Steerage £0 15 0
Ditto, Individuals victualling themselves £.0 10 0
Freight per ton £1 6 0
Small Packages in Proportion. Letters free of expense
N.B. Produce will be received in payment, at the Market Prices, Sydney 21st December1824
The Sydney Gazette 12 February 1824
Principal Superintendents Office, Sydney February 10, 1824
The undermentioned Prisoners having absented themselves from their respective Employments and some of them at large with false Certificates all constables and others are hereby required to use their utmost Exertions in lodging them in safe Custody:
J. Stone, per Tottenham; aged 31; Native Place Nottingham; blue eyes; brown hair; dark sallow complexion absconded from Newcastle
Isaac Patterson per Dromedary; Aged 26; Native Place London; hazel eyes; sandy hair; sallow complexion; absconded from Newcastle.
A. Shaw, per Sir William Bensley; Aged 23; Native Place Isle of Mill; hazel eyes; brown hair; ruddy complexion; absconded from Newcastle.
J. Burns per Bencoolen; aged 21; Native place Dublin; dark eyes; dark sandy hair; fair pale complexion; absconded from Newcastle.
Sydney Thursday January 29
Eliza Evans was next indicted for concealing the death of her illegitimate child. It was proved that the prisoner had been in a pregnant state; and, it was also proved, by the evidence of Mr. Assistant Surgeon Brooks, of the Settlement of Newcastle, where the prisoner dwelt, that she had been delivered of an infant, but whether dead or alive was not ascertainable, as the poor little babe was not seen, or to be found. The prisoner was found Guilty and sentenced 12 months imprisonment.
Sydney Thursday February 5 Sarah Acton and John Welsh were indicted for burglariously breaking and entering the dwelling house of the Rev. Mr. Middleton, Assistant Chaplain at Newcastle; and Mary Cottam and Thomas McCarthy were also indicted for aiding and assisting in the said crime. Acton and Welsh guilty. The others were acquitted.
The Sydney Gazette 19 February 1824
Government and General Orders
The Governor has been pleased to approve of the following Appointments: In Townships 14 and 15 of the District of Newcastle John Muntyler (free) to be an Honorary Constable.
In 1824 Henry Gillman gave a report on the Macquarie Pier....
Colonial Secretary's Correspondence.....
2nd February 1824...
On a recent examination into the State of Macquarie Pier it is ascertained: That the surface of it is covered with numerous small stones which had been used in its original construction to fill up the chasms left after the bedding of the tide stones of the south east face of the wall. These stones have been washed out from between the chasms by easterly gales and now lie for the most part scattered on the surface of the pier. About 300 feet from the foundation stone at the West end of the Pier the second course of side stones is in many places, entirely gone, and the remainder more or less shook. At the distance of about 350 feet the third tier or layer of stones is very much shattered and for a space of between 20 and 30 feet the small stones and rubbish place for the purpose of filling up the vacancies between the heavy stones, have been entirely washed away leaving an opening by which the surf passes up in an oblique direction through the 2nd and upper tier of side stones to the surface of the pier, and most probably unless this defect is speedily remedied, a breach will be made in the course of the winter quite across by the surf which beats very heavily on it in south east gales.
The whole of the backing is washed away for nearly two thirds the length of the Pier, and many of the upper stones have been removed by the violence of the surf from the extreme or unfinished end into the Channel between Nobbys Island and the main land.
I would therefore beg leave to suggest if it the intention of His Majesty's Government eventually to continue the works on the Pier, that the most speedy means should be adopted to put it into a state of security but which cannot be accomplished by the prisoners now on this establishment without putting a stop fro mall the other public works for with the exception of the few mechanics in the lumbar yard. Of those employed in the mines, the boats crews and those in charge of Government flocks and herds the numbers here are totally inefficient for such a laborious undertaking. I therefore propose that a gang of not less than fifty strong able bodied men should be sent from Sydney without delay for the purpose of exclusively repairing the Pier and after having performed that service, they might be assigned to the free settlers on Hunters River who are in want of more than that number men to enable them to receive the cattle from Government but who refuse the men I offer them on account of their being aged, or crippled and who certainly are useless both to government and Settlers it is therefore my intention unless I receive directions from you to the contrary to send such person to Sydney by the first Government Conveyance as they only I will the numerical strength of the settlement without really being in any manner available but who I have no doubt might be rendered in some degree useful in the light gangs at Head Quarters. (State Records Authority of New South Wales. Kingswood, New South Wales, Australia. Reel 6067; 4/1810 pp.25-31)
The Sydney Gazette 1 April 1824
Animal Food The following tenders of animal food being the lowest rates offered are accepted and published for the information of all concerned and the offers of those whose names do not appear in the Gazette are to be considered rejected
Principal Superintendent's Office, Sydney
The undermentioned Prisoners having absented themselves from their respective Employments and some of them at large with false Certificates all constables and others are hereby required to use their utmost Exertions in lodging them in safe Custody: From Newcastle
John Groves, per Coromandel; aged 25; Native place Newington; hazel eyes, brown hair, ruddy complexion; Servant to Richard Binder;
JAMES CONNOLLY James Connolly who arrived on the Providence in 1811 had been principal overseer on the construction of Macquarie Pier. In May 1824 he wrote a memorial to the Governor requesting a land grant...
24 May 1824. Memorialist has been entrusted as Principal Overseer of the men employed in the construction of Macquarie Pier for the last four years. That in consequence of the recommendations of the present commandant of Newcastle when His Excellency the late Governor Macquarie last visited this settlement, Memorialist obtained an Emancipation on the condition of remaining a further two years in the public service. The period of which obligation is now verging to a close. That Memorialist having used every exertion to merit the approbation of the constituted authorities and possessing a knowledge of agricultural pursuits; most humbly solicits His Excellency Sir Thomas Brisbane will be pleased to order Memorialist a grant of an allotment of land an indulgence that was promised by His Excellency the late Governor. State Records NSW, Main series of letters received, 1788-1825. Series 897. (Ancestry)
The Sydney Gazette 3 June 1824
COAL FOR SYDNEY
The scarcity of fuel that now exists in the Town of Sydney is amply compensated in the abundance of excellent coal that is continually brought up from our Northern Dependencies. At Atkinson and Bingle as well as from the wharf of Mr. George Williams this article is obtainable in any quantities at the most reasonable rate
The Sydney Gazette 24 June 1824
MURDER OF JOHN BENTLEY
Supreme Court of Criminal Jurisdiction. Sydney Wednesday, June 16, 1824 Cornelius Fitzpatrick and Thomas Colville were indicted for the wilful murder of John Bentley a shepherd in the vicinity of the settlement of Newcastle. It appeared by the testimony of Robert Sears an accomplice, that the prisoners and himself were in company on the way from Patrick's Plains to Newcastle; that, when within a few miles of the settlement, the prisoner Colville and the witness passed a hut occupied by Bentley, the deceased, leaving behind Fitzpatrick and a black native. That when about 60 yards ahead of Fitzpatrick the witness heard the report of a musket. Upon Fitzpatrick coming up the witness Sears enquired the cause of his discharging his piece at that time, it being in the night: the reply elicited was, that he had been shooting at a dog; and here, for the moment, further enquiry dropped.
On their arrival at Newcastle, however, the native and the witness Sears were at the house of a constable named Young, when the black man expressed vast sorrow for what had been done by Fitzpatrick, whom he, the native, then impeached with the death of 'Old John' meaning unfortunate Bentley, the deceased. Further enquiry became instantly instituted, and the information given by the native proved to be too true! In the presence of the gaoler at Newcastle it was also proved, that Fitzpatrick acknowledged to the discharge of the musket, which had occasioned the death of Bentley; at the same time exculpating the witness Sears and adding that the musket went off accidentally. There was corroborative testimony of the fact, that the prisoner Fitzpatrick did fire the gun, and that the deceased met with death in consequence. The Members retired after the charge of His Honor the Chief Justice, and were occupied nearly an hour in the jury room, when a verdict of Guilty was returned against the first prisoner, Cornelius Fitzpatrick, and Not Guilty against Thomas Colville.
The awful sentence of the Law was the passed upon the murderer by His Honor the Chief Justice; a which decreed that he should suffer death on Wednesday morning (yesterday)
The Sydney Gazette 1 July 1824
On Monday morning last Cornelius Fitzpatrick the unhappy man condemned at the present Criminal Sessions for wilful murder, underwent the awful sentenced of the law at the usual place of execution in the rear of the county gaol. He confessed the fact of having discharged the gun which wounded and killed Bentley but averred it originated by accident. The justice of that sentence which doomed him to an untimely end he fully acknowledged; and hoped for mercy through the merits of Christ Jesus.
Sydney 15 June 1824. The following tenders for meat for the Quarter commencing 25th current being at the lowest rates offered are accepted and published for the information of those concerned, and the offers of those whose names do not appear are to be considered rejected: - Deliverable at Newcastle Fresh beef at 4d per pound G. A. Middleton 4000lb
The Sydney Gazette 8 July 1824
We have had several complaints from our Northern Subscribers in the vicinity of Hunter's river, as to the very late or non delivery of their Gazettes. We only wish to state that the papers are carefully and regularly forwarded, under cover to Mr. Dillon, Postmaster at Newcastle, whom, we are assured, takes every opportunity of forwarding them as early as possible. If any casually neglected Subscriber would be so kind as to enquire the reason of Mr. Dillon, prompt satisfaction will be afforded.
The Sydney Gazette 15 July 1824
Settlers at Newcastle and its neighbourhood who under an arrangement of the late Commandant had their servants clothed and victualled are informed that I have received His Excellencies instructions to this effect: That if the respective debts due to the Crown, are not made good by the 20th day of August next legal septs will be resorted to enforce the same William Wemyss, Deputy Commissary General
The Sydney Gazette 29 July 1824
The Public are respectfully informed that a Passage boat is established to Ply between Newcastle and Wallis Plains, for the conveyance of Passengers and Goods, under the following Regulations:
For Goods per ton 15s
Per Tierce 3s
Ditto Barrel 2s
Ditto Bag of Sugar 1/6d
Ditto Bag of Rice 1/6d
Ditto a Cart 10s
A Plough 6s
Chest of Tea 3s
Basket of Tobacco 2/6d
Grain per Bushel 4d
All small Parcels 1s. Not accountable for any parcel containing cash or any article of considerable value without being entered as such and paid for accordingly. Passengers aft, 5s; ditto, forward 3s.
N.B. The boat Perseverance will leave Newcastle every Tuesday and Wallis Plains every Friday and will also receive and land Passengers at the first and second branches of the River.
The Sydney Gazette 9 September 1824
CONSTABLE CLOTHING AND RATIONS
Government and General Order Colonial Secretary's Office, 8th September1824. The Allowances of Clothing, Rations, and Men on the Store, made hitherto to the Constables in the district of Newcastle will be discontinued, from the 30th instant; from which date they will commence to draw salaries as the Constables of Sydney
COMMISSARIAT OFFICE 20 August 1824 Persons desirous of Supplying the King's Stores at Newcastle with Wheat and Meat for the Quarter commencing the 25th Day of September next are requested to send separate Tenders to this office on or before Monday the 20th Day of September next. W. Innes, Storekeeper.
The Australian 14th October 1824
KING V. GILLMAN - MILITARY OR CIVIL SOCIETY
Supreme Court - Wednesday King v. Gillman, Esq.,
A rule nisi in this case had been obtained on a previous day, calling on Captain Gillman to shew cause why a criminal information should not be filed against him, for sending a challenge to Mr. Jacob to fight a duel, and also, for oppressive acts as a Magistrate towards Mr. Jacob.
On affidavits it appeared that Mr. Jacob had some time ago received a grant of land on Hunter's River, together with a town allotment in Newcastle, from the Colonial Government. A similar town allotment, adjacent to the above, had been granted to Mr. Reid, and on this stood some old paling. Mr. Reid had given public notice requiring the person to whom the paling belonged to claim it forthwith, otherwise it would be removed. No person claiming it, Mr. Reid gave permission to Mr. Jacob to remove any part of it, and make of it whatever use he thought proper. Upon Mr. Jacob's availing himself of this permission, Captain Gillman had instituted an inquiry for the alleged purpose of ascertaining to whom the paling belonged, whether to Government or to Mr. Reid; but as Mr. Jacob had sworn, for the purpose of harassing and degrading him. After the inquiry Captain Gillman had issued a warrant to search Mr. Jacob's premises, and had afterwards entered into a correspondence with Mr. Jacob, in the course of which he wrote a threatening letter with a view, as Mr. Jacob and Captain Williamson had sworn it to be their belief of provoking Mr. Jacob to a duel.
The Attorney General now rose to shew cause against the rule He said he should first of all reply to that part of the affidavit which related to the challenge. It appeared, he said, that a letter, sent by Captain Gillman, formed the foundation of this part of the application. If a challenge had been sent by a Magistrate he was to blame, and was justly punishable in the manner now sought to punish Captain Gillman. But when parties applied to the Court for a criminal information it was necessary that they should come there with clean hands, for if they had themselves acted in a manner to provoke a breach of the peace the Court would not interfere. Now, with respect to this case, many letters had passed between Captain Gillman and Mr. Jacob and one of these written by Mr. Jacob, it would appear, had an evident tendency to excite Captain Gillman to fight; for Mr. Reid had admitted that he had a letter in his pocket, which, if Captain Gillman could pocket, he could pocket any thing. Notwithstanding this Captain Gillman had resolved to consider all communications as sent to him in his official capacity. In one letter written by him; it appeared, that he had added Buffs to his name, though, when transacting official business, he had usually accompanied his signature with the word Commandant. But it had been sworn by his clerk, that this was a mere inadvertence and that on more occasions than one Captain Gillman had committed the same mistake, and on this being pointed out to him at these times, he had altered the subscription. In his letter, the learned Gentleman said, Captain Gillman had declined having any written correspondence with Mr. Jacob, why this, he said, appeared to him to shew anything but a desire to fight. He had never heard in the whole annals of duelling, that the breaking off of all communications was to be considered a challenge. If the Captain had intended to fight, some meeting of mutual friends would have been arranged, there would have been some hints about an appointment. It was proper to look too at the situation of the parties who were military men, and when a quarrel arose between officers it was usually settled in that way. But throughout the letter there was nothing that could imply a challenge, except the signing himself of the Buffs; but this he had shewn was a mere inadvertence; and it also appeared, from the affidavit of his clerk, that he (the clerk) had not noticed whether the word Buffs or Commandant had been used, otherwise, in all probability, he would have pointed it out, and it might have been corrected. A great deal of effect, the Attorney General said, seemed to have been studied evidently to excite commiseration for Mr. Jacob, in the manner in which the history of the transactions had been given. It was perfectly impossible for a military man to set about writing a challenge in that way; he must have got, by that means into complete disgrace among his brother officers. For when it was put into the hands of his clerk his intention must have been perceived; the clerk would have known it to be a challenge and would have stopped it, and it would have got him into complete disgrace as a military man. The Attorney General having read various affidavits from several individuals who appeared to think that Captain Gillman had acted with great temperance and forbearance and that he had been actuated with no desire to fight a duel. The learned Gentleman also read some affidavits respecting an assault upon a
Mr. Shand by Captain G.
This assault had been represented by Mr. Jacob, to be of a very aggravated nature, though he (as the Attorney General said) must have known, for every body else knew, that the assault had been provoked; and though it was not altogether justifiable, yet it was attended with circumstances tending materially to extenuate it. He, the Attorney General, knew this to be the case; otherwise he should not have thus stood up to defend him. Indeed his general conduct appeared to be conciliating; and by it he had obtained the thanks of the settlers. The conduct of Shand, on the occasion alluded to, had been gross; and Captain Gillman had only defended himself. For Shand had come up to him and used threatening language, on which he struck him; but he did not employ a soldier to keep Shand off, with his bayonet. Captain G. had (he said) offered to give him satisfaction, and sent him a challenge; for he felt that he had done something against the laws of honor, which ought to be brought on to the theatre, in which such matters were disposed of. It was more a challenge of reparation, than any thing else. The particularity, the Attorney General thought, with which Captain Gillman had replied to all that had been charged upon him, shewed his good sense, and that he was entitled to belief. Upon these grounds, therefore, he intended to resist this part of the application, for the rule nisi. With respect to the issuing of the search warrant, the question here, was, whether Captain Gillman had been actuated with passion, or any kind of improper feelings in the exercise of his magisterial duties; if he thought he had, he should be the last to resist the application to the court. Misconduct arising from passion, was as unjustifiable in the eye of the law, as that which arose from pecuniary, consideration. But, unless a magistrate wilfully offends, he is protected from criminal prosecution
- there must always be something more than mere illegality; the question must frequently be, whether the heart was right. From what appeared in the affidavits, he contended, that there was sufficient ground for his acting as he had done. It was his opinion, that there was some crown property, on the land assigned to Mr. Reid. It was quite clear, that a notice of 14 days, to remove that property, was not sufficient; and that, if the property belonged to the crown, it could not have lost a right to it by a laches in not claiming it within that period. Besides, it was evident, that a transfer of the land, in the manner in which it was given to Mr. Reid, did not convey a right to what was on it - in fact it was never given with the land; nor did Mr. R. think, he did not himself think, that he had a right to it; otherwise he would not have posted up a notice, for the paling to be removed by the owner. Captain Gillman seemed to have been actuated solely with a desire to protect government property, and there fore he issued his warrant, if he had not done so maliciously, he could not be subject to a prosecution on this application. Magistrates had a right, he considered, to follow government property, and secure it, wherever they found it, even individuals, he thought could do so, at all events he would not admit that they could not. Captain Gillman had considered himself justified in what he had done, and if he, in reality, were not, it was a mere venial offence. His manner of executing the warrant had been animadverted on, his appearing in person, and his threat to call out the military. They had not however been called, in, and it was doubtful whether he said call in the military, or call them in if required. In short, Captain Gillman, from the various testimonials in his favour, did not seem to be a person likely to commit outrages, and upon the whole, he thought he was entitled to call on the Court to dismiss the Rule.
Mr. Wentworth, Counsel for Mr. Jacob, addressed the Court in support of the rule being made absolute.
Before I proceed to reply to the speech which has just been delivered by my learned friend the Attorney General, it will, I trust, be permitted me to say a few words in reference to an erroneous feeling, which I am sorry to perceive is more general even among the higher and well informed orders of society here than might be imaged. I lament to find that it is the habit of this place to confound the man with the advocate, and to consider him privately and individually responsible for whatever he may say or do in his public and forensic capacity. Against such a state of public feeling as this, I consider it my duty, a duty large of which I have the honor to be a member, to enter my solemn protest, and I rather avail myself of this opportunity of making such a protest, both because this is the first discussion of any importance in which I have been retained to appear in this Court in the character of an advocate, and because in the course of the observations which I shall have to submit to your honor in reply to those which have been advanced on the other side, I shall have occasion to make some reflexions on the defendant, which, I have no doubt, will prove extremely unpalatable. The duty which I shall have to discharge is a painful one but it suffice to me that it is a duty, and that the reflexions which I shall be compelled to make are to my mind fully warranted by the extreme incaution displayed in Captain Gillman's affidavit. Adverting to the necessity which I shall be under in ere justice to my client to make such reflections, I consider it rather fortunate that I have but little personal knowledge of the parties now before this Court. I repeat, I consider it fortunate, because under such circumstances it can hardly be attributed to me that I am, or can be, the partisan of either. The knowledge which I possess of these gentlemen is derived mainly from the affidavits which compose my brief, and which of course comprise all the affidavits that have been filed both on the one side and the other. To the facts and circumstances disclosed in those affidavits, I shall scrupulously confine my observations. Within that range, a range to which I trust that not only on this occasion but on every other, I shall know how to restrict myself, it is evident that I shall be within the legitimate limits of forensic animadversion, within those limits therefore which the law for wise and salutary purposes, has fixed as the boundaries of an advocate's responsibility. The shield which the law has thus thrown around my profession, I deem it expedient to state; that no consideration of private excitement shall ever compel me to relinquish. For my thing, therefore, which I may say to this court as the advocate of any person, I will never hold or allow myself to be considered out of this Court as privately accountable to any other man, any more than I should myself think in a play of confounding the dramatic personae with the actors. For any thing which I may say or do elsewhere, I shall of course claim no exemption from any of the liabilities which any words or deeds may justly entail on me. As an individual, I have hitherto been and shall ever continue to be as ready and willing to render a private account of my conduct, as any other individual will be to demand it.
Having made these preliminary observations, the learned Gentleman went on to state, that he should bestow no consideration on the majority of the affidavits which had been filed; on the other side, from the character of the parties who had sworn. It would be collected from the history given by the Attorney General; of the transaction, on account, of which, this rule had been granted, that the acts of the defendant complained of, were, 1st that a warrant had been illegally issued to search Mr. Jacob's premises; and 2ndly that captain Gillman had sent Mr. Jacob a letter with a view to excite him to a breach of the peace.
It was clear that the issuing of the warrant was illegal, for there could be no doubt, that by the demise of the land, without any reservation as to the paling, the paling passed also, or at least the use of it during the period of the demise. Whatever claim therefore government might have had to this paling originally, that claim was suspended if not extinguished during the continuance of Mr. Reid's interest in the soil on which it stood. He would admit, however, that Captain Gillman might have believed that the right of government to this paling remained not withstanding the lease in statu quo antea. Here however, his admissions in Captain Gillman's favour must cease. For it did appear to him impossible, after the public notice which Mr. Reid had posted up, as it were, under the nose of Captain Gillman, had been disregarded for upwards of two months; that any man compos mentis could have felt himself justified in committing such a flagrant outrage upon the rights and feelings of two gentlemen, both of whom had been or were members of his own profession, and ranked at least as high as himself. It appeared to him, therefore, that Captain Gillman in swearing that throughout this most unwarrantable and disgraceful proceeding he was actuated by no motive of private pique or malice, but solely by a conscientious discharge of what he considered to be the duties of his office, had sworn most rashly. It was easy for Captain Gillman to assert the purity of his motives; but motives were not facts; they lay within the hidden recesses of the human heart concealed from the superficial ken of man. If any reasonable doubt, however, could exist as to the impurity of the source from which Captain Gillman's conduct to Mr. Jacob on this occasion proceeded, it must be removed on adverting to the nature of the investigation with which the search warrant had been prefaced. It appeared that a sort of mock enquiry had been set foot, by Captain Gillman, under a pretence of ascertaining to whom the right of property in the paling belonged; that at this investigation, which had been conducted without notice to Messrs. Jacob and Reid, one Frederick Dickson, who had been transported to Newcastle for perjury, swore to a fact which no one disputed; viz. that Mr. Reid's allotment together with the paling on it, did formerly belonging to government. Now although to minds of an ordinary stamp, the fact thus elicited might not have appeared very material; yet, by means of Captain Gillman's ingenuity, it proved a wonderful discovery, and because the paling formerly belonged to government by a species of logic peculiar to himself, he found no difficulty in arriving at the inference that it belonged to them still. The only wonder was that the land on which the paling stood was not included in the search warrant. This omission he regretted to say, had rendered the proceeding incomplete; But for this it would have been so original and unique as to have set all imitation at defiance. The search warrant, however incomplete, was issued for the purpose of searching for government property, to wit, six paling, of the value of one penny or thereabouts, but really with a view to degrade Messrs. Jacob and Reid in the estimation of the settlers at Hunter's river; such as the urgency of the case too, that Captain Gillman must superintend the execution of this dread warrant in person,
'so much of the ludicrous throughout this transaction, that he should find it impossible to repress his risible propensities, could he only for an instant forget that under this ridiculous farce, the sanctuary of a free citizen had been violated and his dei penates exposed to the vulgar gaze and touch of a set of brutal ruffians. Captain Gillman, after swearing to his belief in the legality of the warrant thus issued, went on the express his further belief 'That if it had not been properly supported, it would have been resisted.' Now, Mr. Jacob, the inviolability of whose dwelling had been thus gratuitously invaded, happened at the moment to be forty miles up the river unconscious of the outrage which had been thus offered to one of the dearest rights which as a citizen he was possessed of. The real fact, however, was that some little delay had occurred in the execution of the warrant; for, it appeared, that Mr. Reid called upon the constable to go through the preliminary form of reading it. This was a ceremony, it would seem, which the impatience of this magisterial Bashaw could not brook. Thus much then for Captain Gillman's belief, a belief which the learned Gentleman said he had no hesitation in asserting that he
'Captain Gillman) neither did feel nor could feel, if he were only compos mentis. 'All my reasoning' continued the learned Gentleman, 'is of course grounded on the assumption of Captain Gillman's sanity, an assumption which I have a right to make, if it be only from the trust which this Government has reposed in him by investing him with the command of an important and increasing settlement. From the summary which I have just given of this proceeding, I hope it will be evident to your Honor that an act of the grossest and most unjustifiable oppression has been brought home to Captain Gillman in his capacity of magistrate. The learned Gentleman then observed that he had already dwelt sufficiently on this head of his argument. The perversion of the magisterial function, to purposes of private malice, was an offence of an aggravated die; striking as it did, at the very foundation of the social edifice. It would require no effort, there, to prove that it was a high misdemeanour; and if, therefore, he had made it appear that such an offence had in this case been committed, that process which the law had provided for the punishment of the persons who prostitute its sacred authority to the gratification of private vengeance, would, he felt confident, be awarded by his Honor.
The learned Gentleman then went on to the second ground upon which the rule had been granted, the letter which Captain Gillman wrote as he should contend with a view to provoke Mr. Jacob to send him a challenge. That such was its tendency was evident not more from the opinion expressed in Captain Williamson's affidavit, than from the expressions of the letter itself. What other interpretation could in fact be put upon such expressions as these? 'Had you remained at Newcastle I should have replied to it (meaning Mr. Jacob's letter) personally; such an insinuation is base; 'I am always to be seen at Newcastle'. The signature too changed from Henry Gillman, Commandant, J.P. to Henry Gillman, Buffs; and equally the address Mr. V. Jacobs altered from V. Jacobs Esq. The style of address used by him in only the preceding letter. The learned Gentleman then went on to shew the probable meaning which Captain Gillman affixed to the terms 'personal reply' from the nature of his personal reply to a Mr. Shand, whom it appeared that Captain Gillman had, on his own shewing, first struck and then sent a challenge to, by way, as he asserted, of evincing his contrition. In would seem then that personal reply means in Captain Gillman's vocabulary, chastisement by the fist; and contrition chastisement by the pistol. The learned gentleman afterwards endeavoured to obviate some objections which had been taken by the Attorney General on reference to certain expressions which it appeared from the affidavits of Messrs Owen, Blaxland and Brooks, that Mr. Reid had made use of with respect to the letter.
CIVIL OR MILITARY
We have given, in another part of our Paper, a detailed report of the Chief Justice's decision on the long pending case of the King v. Gillman. We have been induced to occupy so large a portion of our columns with this report, not more from the deep public attention which the case has excited, than from the novelty of the proceeding itself, it being the first criminal information that has been sought to be obtained since the formation of the colony. Till the creation indeed of the present Court, it was doubted whether this mode of prosecution could be instituted; and, we believe that, under the late Charter of Justice, it was decided that the Supreme Court had no criminal jurisdiction whatever; so that it rested with the Judge Advocate to determine what offences should become the subject of indictment, and what not. We are far from meaning to imply that this discretion has ever been abused; but certain it is, that no act of alleged magisterial oppression has ever been matter of judicial investigation, until the proceeding against Captain Gillman
- the result of which we have already made public. Although Mr. Jacob's endeavour to bring Captain Gillman to the bar of justice has, it will have been seen, failed; still, we entertain no doubt that the very attempt will be productive of infinite service to the Colonists at large, and particularly to the inhabitants of the out settlements, where these military commandancies are yet kept up. So long as those settlements continued mere receptacles for persons convicted of offences in the Colonial Courts and therefore deserving to be subjected to a rigorous system of discipline, this unnatural combination of the civil and military functions might have been requisite and in such places may be requisite still. But, the instant a settlement loses its penal complexion, the instant it becomes inhabited by a free population, that instant the military authorities should become subject to the civil power, and not superior to it, as is obviously the case at Newcastle. We have heard a great deal said about the liberality of the present system of government; and, we should feel gratified, if we could felicitate the public at large on the abolition through out the territory, or at least, throughout every part of it that is not strictly of a penal character, of that military ascendency, the symbols of which meet us at every corner. There are now a sufficient number of respectable gentlemen to be found in every district to discharge the duties of the magistracy. The necessity, therefore, which formerly existed for appointing the military to this office, has ceased. Not so, however, the appointments; for there are still among the magistrates several of these gentlemen, of whom we know nothing individually
- to whom, therefore, we would have it understood, that we mean no personal allusion; but who, we cannot cease to remember, belong to a body of all the least fitted by their habits and education for the office which they thus hold. We feel a thorough conviction that things will never go on smoothly in these Colonies until the military are put on the same footing here as in England; - until they are rendered merely a protective body, and placed at the disposal of the civil magistrate. Till then, that system of military domination, which has so long been practised here with impunity, and for a sample of which we need only refer to our report of the proceedings in this case, will never be effectually put down. The present Court, which is happily armed with the same powers as belong to the Court of King's Bench in England, may, and we have no doubt, will do much towards restraining such excesses; but it will be long, as the obstacles which Mr. Jacob had to encounter on this occasion, not withstanding his public spirit, abundantly shew, - before the Court of its own weight and authority, will be enabled to suppress them altogether.
The Sydney Gazette 28 October 1824
CIVIL OR MILITARY SOCIETY
To The Editor of The Sydney Gazette:
On the 2nd June last, I received intimation from the Attorney General couched as follows:
'Sydney 25th May 1824 Vicars, Jacob, Esq., Newcastle.
The circumstances of certain transactions in which you are alleged to have acted improperly towards the Commandant of Newcastle, have been referred to me. My present impression is, that a prosecution should be therefore instituted against you, and Mr. Reid.
It is unnecessary to state the case more particularly than by saying that the transactions to which I allude, closed in your application to a Magistrate, to bind the Commandant to the peace; being refused, after mature investigation.
The intention of this letter is to enable you, if you think proper to state to me any reasons why a prosecution should not be instituted against you at the Quarter Sessions soon to be holden under the late New South Wales Act of Parliament
I have the honor to be, Sir, your obedient Servant, S. Bannister, Attorney General'
From that period I had suffered the most unremitting anxiety up to the moment in which His honor the Chief Justice dismissed the case, with the substantial proof of his opinion of it, conveyed by awarding that the Commandant should pay the costs.
I then felt relieved, and hoped I should not be urged into any further uneasiness; but the issue of your last Gazette dispelled the illusion, as you have given, I conceive, a perverted Report of His Honor's sentiments, about which you ought to have been extremely delicate, as your Paper had not given any detail of the facts.
You have done me the injury of sending my name to the uttermost parts of the earth, which of course the Sydney Gazette visit, branded as a factious person, leaving it to your Readers to construe the expression 'with costs' (which from the paragraph they would naturally do), against me.
I hope you will, therefore, counteract the evil effects anticipated by me, by giving publicity to my explanation.
In the month of December last, in consideration of a grant of land received from Government, I took upon myself the maintenance of twenty convicts, whom I sent to the farm; it so happened, that the greater proportion of them had just arrived from Ireland, for, in their own words, 'doing nothing', an art of which they appear perfect masters. About the 1st of April I visited them, cherishing all the moderate characteristic expectations of a Settler, of seeing '80 acres of the finest maize in the colony', 'my land being the very best any where to be found' but fancy, Mr. Editor, my disappointment at not finding one stalk. I had, however, the satisfaction to perceive that the Irishmen had not injured my timber, they having left the blue gums and iron barks in satu quo antea. Their huts appeared desolate, until I hailed. 'Dennis'. On his appearing, I enquired his present occupation?
'Frying a rasher and a couple of eggs to keep the hunger out of my stomach'. 'And where's Larry?' 'He's houlding the frying pan while I'm wid your Honor'. 'And where's Paddy?' 'He's gone to Mr. McLeod's smith to mend the gridiron which he broke on the dog's back, for looking at him doing a bit of a stake off one of the kangaroos the boys hunted this morning'. 'And where's Tim and Jem?' - 'They are gone with the dogs after another kangaroo' 'And where's Roger?' - 'He's gone to the stock yard for milk to cool the tay' 'And where's Morgan?' 'He's gone wid him to carry it:' and similar throughout was the result of my enquiries. Finding no marks of industry outside their dwellings except joints of kangaroos hanging in all quarters. I proceeded to examine their penetralia, and then discovered that the aborigines of Seave - na - Manatgh, who had not tasted meat in their native land twice per annum, had been transformed into sturdy insolent gluttons; and my long handled frying pans, grid irons, and Flanders' kettles, all worn out or nearly so, while my hoes, spades shovels and axes were good as new. I felt the necessity of now, Mr. Editor, let not your ultra zeal for old regime prostrate you with horror when I say radical reform. I determined to endeavour to effectuate it forthwith, but found the greatest possible opposition from the ministers of their own pleasures, who resolved to maintain the old order of things. The premier, a fellow named Reynolds. I found most refractory, and not only insolent himself, but the cause of insolence in the other men; and I felt that
'Reform' could not be worked until he and two others whom I thought amongst the worst, should be removed. I therefore took him down to Newcastle and repairing to the Commandant's Office, and making due obeisance to his clerk, I set forth my object. This person named Francis Williams who 'good easy man' is Cardinal Wolsey of those parts, replied 'We (Ego et Res meus) do not often do these things; but as you are setting off for Sydney and the Commandant is not in the way, if you write a letter we shall see what can be done for you'. The letter I wrote accordingly and having ordered that the two other men should be sent into Government employ, I departed for Sydney, expecting that I had disposed of the three worst of the numerus fruges consumeri nati. On my return to Newcastle, 30th April, then what must have been my consternation at hearing rashers frying; and on looking into the kitchen, perceiving the three operators encircling the fire, each having in his mouth a black tobacco pipe, with a shank one and a half inch long. Asking the cause of this phenomenon, my ears were invaded by the unadulterated tones of sweet Cunnemara, informing me that the men not having been disposed of by the Commandant, had thus passed their time during my absence. I repaired to the office and found that the Commandant had gone to Wallis Plains. He retuned about 11am and I expected to see him repair to the place in which I wished to appeal to him; he, however passed the day in the street, where I did not feel disposed to seek
'a personal' conference. My letter, written at the suggestion of the Clerk, had neither been complied with, nor replied to; and as a vessel was on the eve of sailing I resolved not to forego the opportunity of relieving myself of the men and with this view I addressed the Colonial Secretary:
'To Major Goulburn, Colonial Secretary, New South Wales. Sir, I send two helpless men, Patrick McNamara and Patrick Gready, prisoners per Isabella, whom I hope you will order into Government protection as they are not by any means adapted to farming and of minds so imbecile, as to render them improvement hopeless. I request that they be returned to Government employ at Newcastle they being intractable mutinous men; a circumstance which the Magistrate on the spot (Wallis Plains) does not think of sufficient weight to relive me of the incalculable injury which so bad an example cannot fail to entail. I have the honor to be, Sir, your most obedient humble servant (signed) V. Jacob
This I enclosed in one to the Commandant, which I intended to be perfectly good-humoured.
'What mighty contests rise from trivial things!
To Captain Gillman, Commandant J.P. etc, Newcastle
'Sir I beg leave to trouble you with the perusal of a letter to Major Goulburn, which I am constrained to write, not finding you in the Police Office, and my avocations not admitting my protracted stay. These difficulties fall heavy on us men of business, I have the honor to be Sir etc. (signed) V. Jacob.
Before the Commandant returned to his house or visited his office, I found it necessary to address another letter to Major Goulburn, which I forwarded by the men who had sailed before the first was restored to me. In the course of the evening, I received the first back, with the following communication:
'Sir I have the honor to acknowledge the receipt of your letter, dated 1st May. I am sorry I was not at the Police Office when you called, having just returned from Wallis's Plains.
My duty and avocations being as numerous as those of any man of business in this Settlement, I am obliged to allot certain hours for my attendance at the Police Office; those hours are easily ascertained. I beg to return your letter to Major Goulburn; and have to observe, that I did not see sufficient grounds for receiving James Reynolds into Government employ, he being your bonded servant, and you not having complied with the Regulations respecting prisoners of this description.
I have the honor to be (signed) Henry Gillman, Commandant and J.P
'Twere useless to pursue the course of the transactions up to the 8th July, when, after I had laboured to dissuade the Attorney General from proceeding Ex officio against me, I, at his desire, had the honor of a conference with him, in which I used every endeavour to put the question to rest, urging the absence of any disposition to give offence, and with perfect candour pleading the injury which might accrue to the professional interests of the accusing party, from my being forced before the Public; as I should, in self defence, be compelled to blazon a certain pugilistic exploit, which had better remain in umbra. To obviate this, I observed, that I was willing to commit a pious trespass on my conscience, by making moderate concessions to appease what is delicately called 'authority'; but an admission of my having resorted to Mr. Close being improper, I could not reconcile. This, however, seemed the object to be attained; and the learned Gentleman gave me permission to reflect, whether it would not be preferable to concede even this (figuratively speaking;
'to surrender at discretion') to incurring the expense of a prosecution. Not coinciding, I pressed my impressions on his notice in the concluding passages of a letter, dated 9th July: -
' I repaired to Mr. Close to save me from the humiliation of a beating, which I should never think of degrading myself by requiting in kind; nor can I contemplate such an event, which noting at this side the grave could expiate, without a feeling of horror, These being my sincere sentiments, you will, I hope, perceive how impossible it is that I can concede that I was in the slightest degree, wrong in applying for security of his good behaviour against 'Henry Gillman, Buffs' To your opinion that any of my letters to the Magistrate or public Officer, were improper, I can cheerfully defer; but if my admission, that my application to the Magistrate to protect me against what I feared by the sine qua non of escaping prosecution, I must prepare myself for it; and, in the mean time, beg to acknowledge your great consideration to
Sir, your most obedient humble servant, (signed) V. Jacob'
To this I received reply:
To V. Jacob
Sydney 12th July 1824
I have the honor to acknowledge the receipt of your letter of the 9th instant; and in reply to it, I have to express my regret, that the view which your friends take of the case differs from mine I think you mentioned Mr. Rowe to be your legal adviser; it may be most convenient, therefore, that the future necessary communications be made to him I am Sir, your obedient humble servant S. Bannister'
Thus reluctantly forced on a defence, though the injured party, in preparing it I learned various circumstances which compelled me to enter the process now disposed of; and in describing the result of which in so, in my view, partial a manner, you have drawn from me these observations, and prolix narrive of nugoe, which, I trust, you will have the equity to disseminate as widely as the Report inserted in your last Gazette.
Concluding: I must observe that Mr. Shand's letter produced from His Honor the animadversion you apply to mine. 'The marked want of respect evinced towards the Magistrate' was instanced in the passage read by the Chief Justice:
'I have to add that your conduct, in inducing a convict servant to leave his master, as I understand, to be employed in your own house, is not only an unwarrantable stretch of your powers as a Magistrate, but also in the highest degree impolitic and irregular, I am Sir etc (signed) A. Shand.'
An insinuation that any part of my correspondence bears the slightest analogy to this, I must repel.
In fact I never had any communication with Captain Gillman, as a Magistrate, except when he did me the gratuitous favour of sending constables, inolens volens, into my private dwelling; but this being acknowledge an illegal act, it appears, suspended his civil office during its omission; and, therefore, the whole transactions occurred between me and the Commandant, of which office His Honor observed, 'I know not what it is; I suppose some arrangement of the Government for their own purposes: and as such arrangement cannot affect me, I do distinctly assert, that I had no 'proceedings' against the 'Magistrate', except inasmuch as related to the ransacking of my house by constables, whose staves, Mirabile dictu, became invisible the moment they visited my enchanted castle, during the Magisterial trance of the Commandant; and I feel that no man can be a more ardent admirer of the symmetry of the British Constitution, of which upright Magistrates are the well proportioned pillars,
Your obedient servant,
V. Jacob. Sydney October 26, 1824
The Sydney Gazette 28 October 1824
Principal Superintendent's Office, Sydney
The undermentioned Prisoners having absented themselves from their respective Employments and some of them at large with false Certificates all constables and others are hereby required to use their utmost Exertions in lodging them in safe Custody:
John George, per Baring; aged 28; absconded from Government employment at Newcastle
John Tipton per Ocean; aged 33; native of Worcestershire; blue eyes, brown hair, ruddy complexion; absconded from Government employment at Newcastle
Patrick MacNamara per Isabella; aged 37; native of Kilkenny; light grey eyes, brown hair, swarthy complexion; absconded from Government employment at Newcastle
John Musgrove per Guildford; native of Leeds, dark eyes, brown hair, ruddy complexion; absconded from Government employment at Newcastle
William Douglass aged 25; absconded from Government employment at Newcastle.
Mr. Wilkinson, a respectable settler on the banks of Hunter's river, we are sorry to report has been recently plundered, by a gang of desperadoes, of property to the amount of £20.
Another robbery has been effected on the premises of the storekeeper at Newcastle; when a loss is sustained by the owner of goods in value of about £60. We hope these ruffians will soon be brought to condign punishment.
The Sydney Gazette 4 November 1824
On Wednesday 25th ult. at Newcastle, the lady of Lieutenant Bloomfield, late of the 48th Regiment, of a son.
The Sydney Gazette 25 November 1824
Tidings have reached Headquarters of H. M. colonial brig Amity announcing the safety and health of His Excellency the Governor and His Honor the Chief Justice with their respective Suites.
Through contrary winds the Amity was obliged to put into Newcastle on the 12th instant, where she continued till the 15th; during which interim His Excellency was extremely gratified in viewing the improvements of that rising Dependency. We are much concerned to state, that although the Amity is an excellent sea boat, never was a vessel more wretchedly or infamously equipped for a voyage. There was destitution of wood, water and ballast. Ten tons of the latter were taken in at Newcastle and the wood and water replenished.
We think it highly imprudent in parties to vindicate their inebriety by palming mis statements upon the Organs of the Public.
The Australian 18 November 1824
ASSAULT BY ABORIGINE
In the beginning of September last, Jeremiah Buffy, Wilks, and a little girl (whose mother was an aborigine) left Newcastle to search for lost cattle; they met a black man, and having given favourable answers to their questions, regarding the cattle, he and they agreed, that the black should accompany them. The weather having become rainy, and the sun obscured, they lost themselves. The conduct of the black was now such as to excite suspicion, and Buffy spoke sharply to him; particularly on one occasion, when in pretending to lead them to a tract, he brought Them to the place they had set out from; the little girl told them moreover, that he intended some mischief, and that he was cooing for some of his tribe. The dogs caught a kangaroo, and Wilks ran to get hold of it. Buffy, sat down, and the black sat with him; but how different the occupations of the two. While Buffy filled the pipe, that they had both shared, and were likely again to share, the black was whetting the tomahawk (avowedly for opossums), with which he purposed to destroy the man he had lived with on terms of fellowship. Availing himself of Wilks' absence, he laid Buffy prostrate with the edge of the tomahawk, and proceeded to plunder them of their fire arms and provisions. When Wilks returned he found Buffy insensible. After a time, however, he spoke, and telling them he was dying, insisted that Wilks and the faithful little girl should return to Newcastle, as they were in danger if they remained. Having washed him, they left him; conceiving that he could not live long. All this time the black hovered about them and now and then having a loaded musket, threatened to shoot Wilks, if he did not go away; and actually threw the tomahawk at the girl. After remaining helpless, and without food for five days, it pleased Providence to preserve Buffy, by the instrumentality of two black boys and his dog. The boys were leading him to Newcastle, when the people came in quest of him, expecting to find him a corpse. The wound was situated in the back of the neck, immediately under the head, and must have been effected by three strokes of the edge of the tomahawk as it presented a gash extending from ear to ear, so that the head rested upon the breast. He is, I believe doing well. The Magistrates at the Hawkesbury were apprized of the fact when it took place. It happened about 40 miles from Newcastle and opposite to Moon Island. The barbarian has a deformed foot; the toes being turned upon the instep; the name by which he is known is Devil Devil. He spoke of Mr. Wiseman on the Hawkesbury. Wilkes is now in Sydney; and the girl can be found if wanted. (From a correspondent who subscribes himself a Northumbrian)
The Sydney Gazette 9 December 1824
Of a son at Newcastle, Mrs. Gillman wife of Captain Gillman, Commandant of the Settlement.
SHIPPING TO NEWCASTLE - LORD LIVERPOOL
The Public are respectfully informed that the fine fast sailing, coppered and copper fastened cutter, Lord Liverpool, Alexander Livingstone master, with superior Accommodations, is established as a regular packet, for the conveyance of passengers and goods, between this port and Newcastle. She will Sail from Nicholls' Wharf, Sydney Cove, every Tuesday, and from Newcastle every Friday if possible
Extensive Stores are provided at the above Wharf, for the Reception of goods, luggage, etc. where a person is in daily attendance for receiving the same, and giving receipts; and to receive all freight, which is expected to be paid on Shipment of goods etc.
Passengers, on Payment of passage money, will receive a ticket, which is to be given to the Master as Proof of Payment.
Freight, unpaid from Newcastle must be paid at the Wharf in Sydney before Delivery of the Goods, etc; and on which Store rent, unless removed in a week, will be charged, as per schedule in the counting house. For further particulars apply to Raine and Ramsay,.
The Sydney Gazette 16 December 1824
CAPTAIN ALLMAN TO COMMAND
It is Rumoured that Captain Allman, of the 48th, remains in the Colony and will forthwith proceed to Newcastle, to assume the command of that Settlement. Captain Gillman, of the Buffs, goes on to Port Macquarie, of which Dependency that Gentleman will henceforth be the Commandant.
We are called upon to notice the extreme regularity with which the Lord Liverpool cutter has hitherto been able to perform the engagements entered into by the proprietors. As it may have escaped public attention, we have authority to inform the Colonists, that this active and accommodating barque sails regularly for Newcastle every Tuesday. The town agents are Raine and Ramsay
The Sydney Gazette 23 December 1824
PRISONERS FOR NEWCASTLE AND PORT MACQUARIE
By the government vessel Sally, 12 prisoners were drafted for Newcastle and 32 to Port Macquarie.
For Newcastle Atkinson and Bingle beg Leave to acquaint the Public that the Brig Fame, Thomas Young, Master, will sail as a constant between this and the above Port; and for the accommodation of Settlers, and Shippers of Goods, they will receive in their Stores all goods to be sent to the above Port, without the additional expense of Store Rent. Her Accommodation for Passengers are very good, having been newly fitted up, The Passage Money will be as heretofore the Eclipse:
Ditto, Individuals victualling themselves £1/0/0
Freight per ton £1/6/0
Small Packages in proportion.
Letters free of expense.
N.B. Produce will be received in payment at the Market Prices.
Sydney 21st December 1824.
MILITARY OR CIVIL SOCIETY
Correspondence - To The Editor of the Sydney Gazette
Your notice in this day's Gazette of a rumour that 'Captain Allman will forthwith assume the 'command' of the settlement of Newcastle is calculated to impart great pleasure to the numerous friends and well wishers of that worthy individual as yielding a prospect of advantage to him and a numerous family.
That, however one of the principal guardians of the public interests, the Editor of the Gazette, should imply so unconstitutional a menace, as announcing free born Englishmen subject to command is matter of regret. I do occasionally inhabit Newcastle and consider it due to myself to rebut an inference of any power existing beyond my own of 'commanding' the settlement of my shoe tie.
When the Executive in its wisdom, thinks fit to appoint an Officer to take command of the troops at Newcastle, and assume the direction of the prisoners the coal works and other public establishments, there is no reason why any private individual should feel the slightest interest in the matter; but, if a free Briton, fostered in the lap of liberty be told, that he is under the 'command' of any thing beyond principles of religion, honour, and the laws of his country, he is, I think likely to be severely galled and 'twere to be greatly deplored did such a useless cause of discontent accompany Captain Allman as an insinuation of his being sent to “'Command'. He possesses eminently the talent of, and will assuredly give satisfaction to all who may have intercourse with him, public or private, unless he be made the instrument of irritation by bearing a title without commensurate power. In India, when government appoint officers over any departments of their military service, they entitle them Commandants of Artillery and so forth; if they employ Military Officers which they do frequently in the Civil Departments, they style them accordingly Resident at Delhi Lucknow etc Governor Generals Agent in the ceded and conquered provinces etc: and equal delicacy is due to British subjects, who entertain an army not to
'command' but to protect us.
Were it to be announced, it is rumoured that the officer of them main guard is Ex officio to take command of the Sydney Gazette Office. Editor presses, types, devils, and all I infer you would conclude your contemporary meant to be offensive, and there certainly exists as competent a power to place your establishment under such 'command' as there does of giving 'command' over the humblest Free Inhabitant of Newcastle Sydney Dec. 16, 1824.
Editors Reply -
To Gratify the 'free inhabitant' of Newcastle to whom we willingly give insertion, we can have no possible objection to the Commandant of Newcastle being henceforth designated 'resident at Newcastle', 'Governor General's Agent at Newcastle' or even 'Governor General of Newcastle'! - Editor
The Sydney Gazette 30 December 1824
The Respective appointments of Captains Gillman and Allman to Port Macquarie and Newcastle we understand are confirmed.
The Australian 30 December 1824
Captains Allman and Gillman sailed on Tuesday for Newcastle - the former having retired on half pay we believe, to commence his office as civil Commandant at Newcastle; the latter to prepare to proceed to Port Macquarie as Commandant there.
SHIPPING On Thursday sailed the government sloop Mars for Port Macquarie with prisoners for that settlement to Newcastle.