Date:
5 December 1838/ 20 December 1838
Source:
The Colonist; Sydney Gazette
Details:
The Liverpool Plains Massacre - (Myall Creek Massacre) - The trial took place in the Supreme Court on Thursday 29th November, before is Honor Judge Burton and the following civil jury: - Mr. John Sewell, Foreman; Mr. William Knight of Castlereagh Street; Mr. Francis King, soap boiler, King Street; Mr. John Little, publican, King Street; Mr. Richard Leworthy, tailor, George Street; Mr. Henry Linden; Mr. Benjamin Lees, Parramatta; Mr. E. Hyland, Redwood; Mr. W. Johnson; Mr. Alexander Long, publican, York Street; Mr. John Leary, publican, York Street, and Mr. William Jones, Pitt Town. The prisoners arraigned at the bar were Charles Kilmaister, James Oates, Edward Foley, John Johnson, John Russell, William Hawkins and James Parry. The indictment contained twenty counts, the first five charging the prisoners with the murder of an aboriginal child; the next five with the murder of a male aboriginal child; the next five with the murder of a female aboriginal child, and the last five with the murder of an aboriginal boy named Charlie. The case for the prosecution was conducted by the Attorney General, assisted by Mr. Therry. The defence was conducted by Messrs A Beckett, Foster and Windeyer, who had been specially retained for that purpose by the Hunter River Black Association. Witnesses included Thomas Foster, superintendent on the estate of Dr. Newton at the Big River about 150 miles beyond Invermein; William Hobbs, superintendent on Henry Dangar s estate at the Big River; Edward Denny Day, Police Magistrate; George Anderson, an assigned servant of Henry Dangar; John Bates, assigned servant to Mr. Dight of Richmond and employed on Dight s station at the Big River; Mr. Kinnear Robertson, Colonial Surgeon; Robert Sexton, assigned servant to Dr. Newton; Charles Reid, a ticket of leave holder employed by Henry Dangar; Andrew Burrows, an assigned servant to Henry Dangar. At a quarter past one the Jury retired, and at two o clock returned to Court with a verdict, finding the prisoners guilty on the first five counts of the indictment and acquitting them on the last five. On Tuesday morning 18 December 1838 at nine o clock, Kilmaister, Hawkins, Johnson, Parry, Foley, Oates and Russell, the seven men convicted of the murder of the blacks at Liverpool Plains, underwent the last penalty of the law at the rear of the gaol. From the time they received sentence, even up to the morning of their execution, there were many persons who thought it probably that the sentence would not be carried into execution, and attempts were made by petitioning His Excellency to extend mercy to them; but the reply was, that the law must be carried into effect. Shortly before nine a guard of eighteen men of the 59th regiment under the command of Lieut. Sheaffe arrived and immediately afterwards the Sheriff. The men had been engaged in their religious exercise previously and when the clock struck nine, the procession began to move. Kilmaister, Hawkins, Johnson and Parry, Protestants, were attended by the Rev. Mr. Cowper and Mr. Hyndes of Sussex Street; and Foley Oates and Russell, Catholics by the Rev. F. Murphy. They seemed greatly dejected, and Russell was much agitated, that he was obliged to cling to the Priest s coat for support. As soon as they had entered the yard, the High Sheriff read over to them the warrant for their execution, which he said by a letter from His Excellency the Governor had been appointed to take place that morning. When the warrant had been read over, Foley, the youngest of the culprits, addressed Mr. Macquoid and requested permission to embrace his unfortunate companions and the request being complied with, they kissed and shook each others hands and with eyes streaming with tears, bade each other a last adieu. The shook hands with Mr. Keck and embraced Mr. Hibbs the turnkey and then knelt down and proceeded with their devotions at the close of which they mounted the scaffold, attended by the clergymen who continued to exhort them while the final preparations were being completed. These don, the Rev. Gentlemen and the executioners descended from the scaffold, and in the short interval that followed previously to the falling of the drop, the cries of the men to God for mercy were distinctly audible, and they were soon launched into eternity
Source:
Newcastle Gaol Entrance Book. State Archives NSW. Roll 136
Details:
John Blake, Charles Kilmeister, William Hawkins, John Johnstone, Charles Toulouse, James Lamb, Edward Foley, James Oates, James Parry, George Palliser all admitted to Newcastle gaol from the Big River charged with murder. Forwarded to Sydney Gaol 15th September 1838
Details:
Tried in Queens County. Assigned to Thomas Pendergrass
Details:
Granted Ticket of Leave
Details:
Ticket of leave cancelled for driving cattle from their run and extorting money from the owners
Source:
Ancestry.com. New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930
Details:
John Foley, labourer from Queens County. Admitted to Newcastle gaol from Wollombi on a charge of being an accessory after the fact. Discharged on bail 11th September 1850
Details:
Tried in Cork. Assigned to J. Cameron
Source:
AO NSW Convict Indent Fiche No. 684
Details:
Age 15. Reads. Butcher's boy from Cork. Tried 27 April 1832 in Cork City and sentenced to 7 years transportation for picking pockets. Tattoo JF inside lower right arm
Details:
Tried in Longford. Assigned to W.C. Wentworth
Source:
AO NSW Convict Indent Fiche No. 684
Details:
Age 23. Farm labourer from Co. Meath. Tried 28 February 1832 in Longford and sentenced to 7 years transportation for stealing money
Surname:
Giraghty (Geraghty)
Details:
Assigned to James Bowman
Surname:
Giraghty (Geraghty)
Source:
AO NSW Convict Indent Fiche No. 684
Details:
Age 24. Reads and writes. Indoor servant, footman and valet from Co. Meath. Tried in Dublin 19 June 1832 and sentenced to 7 years transportation for stealing boots.
Details:
Assigned to W. Sparke. Charged with robbery. Remanded and later found guilty
Source:
AO NSW Convict Indent Fiche No. 684
Details:
Age 19. Reads. Pedlar from Co. Antrim. Tried 13 March 1832 in Antrim and sentenced to transportation for 7 years for house breaking. 22 July 1833 sentenced to 6 months in an iron gang for robbery (Newcastle); 11 Sept. 1834 sentenced to 12 months in an iron gang for robbery (Maitland); 18 May 1838 sentenced to 12 months in an iron gang (Maitland); 21 July 1840 sentenced to 12 months in an iron gang for theft (Maitland)
Source:
State Archives NSW; Gaol Entrance Book, Item: 2/2020; Roll: 757 (Ancestry)
Details:
Richard Hicks and Robert Hamilton admitted to Newcastle gaol on a charge of highway robbery. Sent for trial
Surname:
Hamilton (Hambleton)
Details:
Aged 24. Assigned to George Sparke
Details:
Farm servant aged 31 from Tipperary. 5'5"; ruddy complexion, light brown hair, grey eyes, small lump outer corner left eyebrow. Absconded from J. McDougall 25 June
Source:
Application to Marry
Details:
Thomas Healey per 'Roslin Castle' application to marry Ann Broe per 'Margaret'
Source:
AO NSW Convict Indent Fiche No. 684
Details:
Age 25. Farm servant from Tipperary. Tried 23 March 1832 and sentenced to 7 years transportation for pig stealing.
Details:
Age 25. Employed at the gaol
