The Perth Gazette and Western Australian Journal/Volume 1/Number 1
THE PERTH GAZETTE
AND WESTERN AUSTRALIAN JOURNAL.
NEW SERIES
GOVERNMENT NOTICE.
PROCLAMATION
By His Honor F C Irwin Esquire, Captain in His Majesty's 63rd Regiment of foot Senior Officer of His Majesty's Land Forces Lieutenant Governor, and Commander in Chief of his Majesty's Territory of Western Australia
WHEREAS by the 13th Section of the Act of Council 2 W 4 No 10 (entituled an Act to impose certain duties on imported Spirituous Liquors) it is among other things enacted "that all Spirits landed at any place not duly authorised and appointed for that purpose shall be forfeited."
Now therefore, I the Lieutenant Governor, in pursuance of the power in me vested in that behalf, do hereby appoint that the Landing place for all Spirits entered inwards for the Port of Fremantle, shall be on the beach of the South bay within the distance of two hundred yards on either side of Mr Daniel Scott's Jetty.
God Save the King!!!
- Given under my Hand and Seal at Perth Western Australia the 24th day of December 1832.
- (Signed) F. C. Irwin
- Lieutenant Governor
- (Signed) F. C. Irwin
- By His Honor's Command
- PETER BROWN
- Colonial Secretary.
- PETER BROWN
NOTICE is hereby given that Thomas Brown has applied at this Office, for Permission for himself and Family, to leave the Colony per "Governor Bourke"
- By Command of His Honour.
- (Signed) PETER BROWN.
- Colonial Secretary
- (Signed) PETER BROWN.
Colonial Secretary's Office.
Perth, December 28th. 1832
NOTICE is hereby given that the undermentioned Individuals have applied at this Office, for permission to leave the Colony — Viz
Mr. R N Edwards, per Mac Naughten.
Mr B Dyer, per Governor Bourke,
and Henry Woods, per ditto
- By Command of His Honour.
- (Signed) PETER BROWN.
- Colonial Secretary
- (Signed) PETER BROWN.
Colonial Secretary's Office.
Perth December 20th. 1832
Western Australia
GRANT OF LAND FOR SALE
That Grant of Land on the Swan River belonging to Mr Thomson Rottenest, consisting of 1000 Acres is for sale by private bargain.
Apply to Mr W. N Clark Solicitor Fremantle.
Fremantle December 18th 1832
ON SALE
AT THE
STORES OF THE UNDERSIGNED
Perth, and Fremantle. Jan 17th, 1833
Cape Wine,
Ale in hogsheads,
Beef,
Irish Prime Mess Pork,
Candles, Arrack,
Hops, Raisins,
Dried Fruits,
Apples, Pears,
Apricots, Peaches,
Prime Butter,
Snuff in Canisters,
Window Glass,
Brass Cocks,
Spades, Pick Axes,
Sickles, Nails,
Steel Mills,
Ladies' and Gentlemen's Gloves,
An assortment of Cotton, and Worsted Stockings,
Men's Strong Shoes
Striped Cotton for Shirting,
Book Muslin,
Moleskins, Flannel,
Cart and Waggon Wheels,
Corks, Cigars,
Crockery, Cloves,
Nutmegs, Pepper,
Shot, iron and Steel in Bars,
London Mustard,
Tin Mugs, Pickles,
Pitch and Tar,
White, Black, and
Green Paint,
Mauritius Sugar,
Fine and Common
Black and Green Teas,
London Soap,
Seeds, Stationery
and Account Books,
Slops. Jackets,
Sadlery, Tobacco.
CAUTION.
ANY PERSON TRESPASSING upon the Premises belonging to Mr. Revely's Mill. "La Ritrechina." or interfering in any way with the Mill-dam will be prosecuted according to Law.
FIVE POUNDS REWARD, will be given to any person who will give such Information as may lead to the conviction of the Offenders.
Perth, January lst. 1832.
SALE BY PUBLIC AUCTION
AT THE JETTY PERTH
On Tuesday next the 8th instant,
BY Mr Wm SAMSON. AUCTIONEER
A considerable quantity of the finest Sydney Flour.
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THE WHEAT-SHEAF TAVERN
Jane Barron, respectfully intimates that having renewed her License, she has opened her House No. 1 Murray Street Perth, as The Wheat Sheaf Tavern, where by assiduous attention to the comfort of her guests and from the quality of her Liquors, she hopes for a continuance of the patronage with which she has been hitherto favoured.
J B continues her Dairy. and having made arrangements for a regular supply of Flour, she has commenced baking and will at all times make it her study to supply her customers with the best bread on the most reasonable terms.
Breakfasts Dinners. &c on the shortest notice
Perth 5th January 1833
SHIPPING INTELLIGENCE.
ARRIVALS
On the 21st. Nov H M S Imogene. Captain Blackwood, from Madras.
15th, Dec The Schooner Governor Bourke. Cap Akers, from Sydney, 84 days Passage experienced heavy gales touched at Cape Lincoln. Met with considerable difficulty in procuring water. Did not find as was anticipated, the Settlers reported to have emigrated to that quarter, saw two or three Natives, who made off as soon as the crew approached the shore
21st Dec. The Brig Cornwallis, from the Cape of Good Hope, out 42 days; Passenger Mr Lionel Samson, general Cargo
23rd Dec. The Cutter Jolly Rambler, Captain Brignell, from Sydney, general Cargo.
DEPARTURE.
14th Dec. H M. S Imogene. Capt. Blackwood, —Passengers, Major Nairn, and Mr Anderson.
VESSELS LYING IN GAGE'S ROADS
The Colonial Government Schooner Ellen, Captain Toby. The Cornwallis, Henderson. The Governor Bourke The Jolly Rambler. In Cockburn Sound the Sir Francis Mac Naughten, Captain Alley.
Mails are open for England, via the Cape, for Hobart Town, and Sydney
IMPORTS.
Per Schooner "Governor Bourke" William Akers, from Sydney.
24 Tierces Beef, 14 ditto Pork, 6 ditto Tongues, 5 ditto Suet, 14 boxes Candles, 102 barrels Maize, 5 casks Butter 30 flitches Bacon, 50 bags Potatoes, 4 cases Eggs, 1 bale Shoes, 3 bags Sugar 3½ chests Tea, 78 bags Flour, 3 bags Peas, 1 cask Cocoa, 1 cask Oil, 340 lb. Cheese, 20 bags Bread, 1 bag Coffee.
Per Brig "Cornwallis," H. E. Henderson, from Cape of Good Hope.
65 bags Rice, 14 half pipes Cape Wine 4 hhds Brandy 3 Puncheons Brandy 2 ditto Rum, 4 quarter pipes Cape Brandy, 10 casks of Cape beer, 12 quarter pipes Cape Wine, 17 kegs butter, 10 barrels Flour, 2 casks and and 1 box Gentian root, 1 ditto Castor Oil, 1 ditto Salts, 6 bags Almonds and Walnuts, 60 boxes dried Fruits, 4 baskets plants 2 boxes ditto 49 ditto Raisins. 1 Horse 14 boxes Glass. 2 cases Cottons. 1 cask of Juniper Berries, 1 case Haberdashery, 1 packet Hops 12 bundle of Spades 1 case Snuff, 1 case Stationery, 72 barrels Pork, 22 ½ barrels ditto 32 casks Beef, 110 barrels of Flour, 1 keg Whitning, 1 case Medicines. 29 kegs nails, 4 bags ditto 4 cases Muskets, 2 bales Blankets, 2 casks of Shoes, 5 ditto musket Cartridges 2 ditto Rifle ditto 1 box Herbs, 62 Boxes Candles, 28 casks Suet, 19 kegs ox Tongues, 5 ditto sheeps Tongues, 9 skins Tallow, 2 puncheons Geneva, 20 hhds Ale, 24 pipes Cape Wine, 34 casks Butter 2 bags Almonds 9 ditto Walnuts 100 bags Oats 20 ditto Barley 10 ditto Beans 1 quarter pipe Lime Juice 2 ditto Pontac Wine 1 ditto Muscadel, 2 casks Shoes 1 case printed Cambrics, 1 bale cose Cottons, 1 case ditto 1 ditto Cutlery 2 chain Cables 2 Mares 1 packet Turnery, 1 case Honey 1 case Shoes, 1 Box ladies shoes
Per Cutter 'Jolly Rambler' J Brignell, from Sydney
7 casks Lard, 16 bales Bacon, 20 kegs Butter 80 Tierces and 75 barrels 11 Tierces Beef, 25 boxes Candles, 4 Tierces Pork, 8 Barrels ditto, 21 kegs Suet, 4 Kegs Tongues, Twenty Tons Flour MARRIED
On the 3rd April, 1832, by License at Fremantle by the Rev. J. B. Wittenoom, James McDermott Esq. of Fremantle Merchant, to Elizabeth Ann Turner, daughter of—Turner Esq., of Port Augusta
On the 7th. September last at Preston Point by the Rev. J. B. Wittenoom, Mr. John Weavell to Sophia Logan sister of Colonel Logan of H. M. 63rd Regt.
CALENDAR
FOR THE ENSURING WEEK.
| Sun | ||||||
| Days | Remarkable Days, &c. | rises | sets | |||
| S | 6 | New Moon | 5 | 1 | 6 | 59 |
| M | 7 | 5 | 1 | 6 | 59 | |
| T | 8 | 5 | 2 | 6 | 58 | |
| W | 9 | 5 | 2 | 6 | 58 | |
| T | 10 | 5 | 2 | 6 | 58 | |
| F | 11 | 5 | 3 | 6 | 57 | |
| S | 12 | 5 | 3 | 6 | 57 | |
NOTICE TO CORRESPONDENTS
We have not room for the insertion of "a Settlers letter, on the subject of Soldiers being Shop-keepers; it shall appear in our next provided the name and address of the writer are confidentially communicated to us.
We would wish it to be distinctly understood that anonymous letters for obvious reasons cannot be attended to; it shall be our study to accommodate our Correspondents as far as lyes in our power, but to obviate any delay or inconvenience, we beg to intimate that no communications will be inserted unless authenticated.
Interesting extracts from Colonel Anson's Pamphlet on this Colony, (will if possible,) be inserted in our next number.
THE
WESTERN AUSTRALIAN
JOURNAL.
TO THE PUBLIC.
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Fully sensible of the many obligations I owe to my Friends and the Public, for the flattering manner in which the announcement of the arrival of a new Press was received; and with every acknowledgment for the kind assurances of support and patronage which have been voluntarilly proferred, I again commence my labours in a cause (the true interests of the Colony) which it shall be my constant and unremitting study to advance.
My previous exertions though of necessity greatly circumscribed, I have a gratification in reflecting, met with the approval of those persons whose good opinion I value; I feel myself therefore relieved from the unpleasant and hacknied task of vaunting my principals and intentions: I would only remark that no exertion or expense shall be spared to merit and retain the "golden opinions" from all classes, which I feign cherish the hope I have hitherto enjoyed.
The general satisfaction which has been expressed, at the reestablishment of a Journal in this Colony is an honourable proof that the members of our little community keep pace in the "march of mind" with the advancement of our neighbours; and the constant encouragement which the Press has met with here at so unprecedented a period in the formation of any Colony, has distinguished us abroad, and is as creditable to our intelligence as it is characteristic of the advancement of the present age.
I have no desire to revive the unpleasant recollections connected with the discontinuance of my former Publication, and the establishment by Capt. Graham of a weekly Paper under the title of "The Western Australian" The circumstances I conceive are generally known in the Colony; and to those abroad the minute details of private differences, and personal reflections, can have no interest; I therefore pass over the occurrence with merely this notice, that it is a source of satisfaction to myself, that the tone and sentiments of "The Western Australian" although the title closely resembled mine, would never lead it to be mistaken for the
Western Australian Journal."
- C. Macfaull.
- Editor.
The outline we have given of the state of Affairs in England, as well as the length of our Law Reports, have occupied so much of our Space that we are under the necessity of omitting many interesting Articles ; amongst the rest, some remarks upon the extensive schemes for the encouragement of emigration, which have been submitted to, and adopted by the Home Government. We shall revert to this subject at an early period.
We have unfortunately been disappointed in receiving a report of the several cases which were brought before the Magistrates on wednesday last, in the greater part of which we understand Mr, Marrs, Super-Cargo of the Governor Bourke from Sydney was a prominent character, and "play'd many parts."
The mitigated penalty of £10 for secreting the Sydney Mail, which Captain Akers was adjudged to pay, it is reported will not be enforced, as the Mail was placed under the charge of Mr. Marrs.
On the 26th Ultimo. the Officer's of the 63rd Regiment gave a sumptuous dejeuné to His Honor the Leiutenant Governor Irwin, and a select Party, in the Valley adjoining Mount Eliza. The manner in which this entertainment was "got up," has been the theme of commendation: Indeed it revalled, if it did not surpass any fête of the kind in this Colony.
List of Persons who have taken out Licenses from the 1st. of January 1833:
| PERTH | FREMANTLE |
| Luke Leake | Luke Leake |
| James Mc Dermott | James Solomon |
| C. F. Leroux. | W. R. Steel |
| T. R. C. Walters | Charles Smith |
| Wm. Leeder | Wm. Heard |
| Andrew Adson | Joseph Cooper |
| Jane Barron | |
| Mary Hodges |
LAURENCE WELSH has been appointed an Officer of Customs, by R. Mc B. Brown Esquire. Collector of Colonial Revenue.
ESCAPE OF TWO PRISONERS FROM FREMANTLE JAIL. William Booker. Sentenced to fourteen years transportation, and Benjamin Hinks,—committed for examination, made their escape from Jail during the last 24 hours. We understand a reward of £20. has been offered for their apprehension.
DESCRIPTION — William Booker Aged 32 Height 5 feet 10 inches, fair complexion, grey eyes, brown hair. Dress when he escaped,—Straw hat, covered with oil skin, fustian shooting Jacket white trowsers, and shoes.
Benjamin Hinks, stout and square made,—Height 5 feet 10 inches, fair complexion, light sandy hair, light grey eyes. Dress when he escaped White brown hat, Brown cloth Jacket, Corderroy breeches, White cotton stockings.
Mr. Reveley's Water Mill at Perth; is a work of great importance to the Colony, we shall therefore notice it more fully in our next.
LATEST ENGLISH NEWS.
Up to the 13th August.
We are indebted to the Cape Advertiser for this recent intelligence.
By the kindness of some friends we have been favored with English Papers so late as the 13th of August.
A battle had been fought in Portugal, and both sides claim the victory, which shows that nothing decisive had been done.
King Leopold was in France, marrying Louis Phillip's daughter. Their Majesties were expected at Brussels on the 12th.
The acts of the German despots at Frankfort continue to be spoken of every where with the fiercest execrations, scarcely less strong than those heaped on their brother the "Miscreant" of Russia This latter worthy continues the torture of Poland He has abolished the Polish National Uniform.
After the taking of Damascus, Ibraham Pacha sent a corpse of Cavalry in pursuit of the Cavalry of that place. The Egyptian Army is now marching to attack the different Pachas of the Porte intrenched at Hamah. Mahomet Ali seems in a fair way of compelling the Sultan to treat with him on equal terms.
Young Napoleon is dead He expired at Schenbrunn. So ends the race of him who so long kept the world in awe!
Parliament has voted £57,000 to idemnify such of the Planters in the Crown Colonies as may have suffered any loss by the adoption of the New Order in Council. Mr. Hume said, "if the Ministry would bring forward any sound plan for the Abolition of the accursed System of Negro Slavery, he and the country would not object to an annual grant of 57,000, or of any sum for Indemnification or for Compensation !! This seemed to express the general feeling of the House. Lord Howick defended the Order in Council on this simple ground, "that in two or three Colonies where if provisions had been in force for five or six years no claims for idemnification had been sent; —in fact those Colonies had gained by the new system" From all we have lately seen on this subject we are inclined to believe that slavery, in its present form that is, coerced and unpaid labor, will cease to be known in the British Colonies before the expiration of 1833.
Cholera still rages in England, in Ireland, Scotland, and Canada, and on the Continent of Europe.
The speaker of the house of Commons, Mr. Manners Sutton, has announced his intention of retiring from that arduous office, which he has ably filled for sixteen years. He will receive a pension of £4,000 with a reversion to his son of £3,000 As a matter of course he will be raised to the Peerage.
Lord Brougham's salary has been fixed at £14,000–£10,000, as Chancellor, and £4,000 as Speaker of the House of Lords.
At the request of Lord Althorp, Mr Hume has consented to withdraw his motion respecting the late Governor of New South Wales, General Darling.
Lord Durham had arrrived at Petersburg The Emperor visited him on board the Talavera, and drank the Kings health in grog.
At the auction mart of George Robins axe a shovel tongs, and poker, of solid silver, emblazoned with the arms of G. Watson Taylor, Esq. M. P. a West India Proprietor lately bankrupt Such is the miserable state of West India property!
The whole strength of the Prussian Army now ready to take the field, is 291,000.
The report of the disturbances at Mauritius had reached London.
The new loan (Paris) 150 millions of francs for the service of France, was concluded on August 8. at 98½ percent. The contractors are Rothschild and others to the number of 27.
Cholera had made its appearance in different parts of the United States of America, particularly at New York, where out of 965 cases, 428 had proved fatal
The Archbishop of Canterbury waa grossly insulted in his passage to and within the walls of the Cathedral, by a furious mob. At one time his person was actually endangered!
The following is an extract from the Sydney Gazette.
The brief history of Parliament is this. After the resignation of Earl Grey, the King consulted Lord Lyndhurst (of course through the influence of Lady Lyndhurst with the Queen), about the formation of a Ministry. With the advice of Lord Lyndhurst, tho Duke of Wellington was directed to form a new administration. The condition was "to carry an extensive Reform in Parliament" His Grace, we conclude, found it impossible to form a Cabinet out of his party, who would pledge themselves to carry such a Reform. The Duke of Wellington, having committed himself so openly and decidedly as the opposer of all Reform, could not put himself forward ostensibly as Premier, under such a pledge but he professed his willingness to serve his King, by supporting any Minister whom His Majesty should find willing to undertake the Government, under the circumstances of the times. Sir Robert Peel, it seems, upon being asked to become Premier, positively refused. The result of the King's application to the Tory-party was, that his Grace the Duke of Wellington confessed his inability to form such a Ministry as would pledge themselves to carry Reform so extensively as seemed necessary to satisfy the Royal wish, and advised, in consequence, that the King should have recourse again to his former Ministers.
Accordingly, Earl Grey and his colleagues were restored to power, or rather, the former Ministry were continued in office, with full powers to carry the Bill, and the Bill was in consequence carried
On the 7th of June, His Majesty gave his assent to the Reform Bill in the House of Lords, by commission The Royal Commissioners were — The Lord Chancellor (Brougham) the Marquis of Lansdowne, Earl Grey, the Marquis of Wellesley, Lord Holland, and Lord Durham.
The news of France, brought by this last arrival are of the most distressing character. In the departments of Maine et Loire, Vendee Loire Infeneure, and the Deux Sarres, the partizans of the exiled family had contrived to hoist the standard of rebellion. The Government had declared these districts in a state of siege. On the other hand, a popular movement had taken place in Paris itself On Tuesday (June 6), the people had bearded the Government, in attempting to convey the corpse of General la Marque to the Pantheon, instead of the Barriere d'Enfer. From about 5 o clock, till nearly midnight, there was continued fighting in different parts of Paris, between the national guards and the mob, the people had taken possession of the Banks, and "Vive la République!" was the prevailing cry of the day.
M Casimer Perier died at Paris on the 16th of May. The alarm about the cholera had been absorbed by the extent and magnitude of the political excitation both prevalent in the city and abroad throughout the provinces.
By the present arrival, too, we learn that two of the ornaments of Great Britain have paid the debt of nature, viz Sir James Macintosh and Jeremy Bentham. Sir James Macintosh was distinguished by his varied and extensive knowledge of mental philosophy and polite literature. His conversational talents were ambitious and imposing and his oratorical powers of the first order His health had long been feeble, and his illness, towards the close, was severe and trying. Jeremy Bentham was a philosopher of a totally different character from Sir James Macintosh. Sir James was ambitious of distinction among his contemporaries. Jeremy Bentham avowedly and perseveringly devoted his labours to the good of all mankind, regardless of the applause or approbation of any living man He has laid the foundation of his fame on a basis as broad as that on which human nature is reared and while human nature exists on the surface of this world — whilst the family of man possesses this earth, — Jeremy Bentham will be acknowledged throughout all its generations as one of the most distinguished benefactors of the race
The following extracts from the London papers of the 6th and 8th of June will give our readers the particulars of the final settlement of the Reform Question
The third reading of the Reform Bill was moved in the House of Lords by Earl Grey, on Monday June 4th, and carried by a majority of EIGHTY FOUR. Lords Winchelsea, Harrowby, and Wharncliffe made "last speeches" upon the subject Lord Carnaervon entered a protest on the Journals against receiving the Report of the Committee on the Bill, which was signed by 17 other Peers Most of the Opposition Lords, however, absented themselves from the voting
In the House of Commons, the Bill, as amended by the Lords, was moved by Lord Russel on Tuesday June 5th and after a stormy debate, in which a number of the distinguished speakers took a part, the amendments were read a second time without a division, and the Bill was ordered to be returned to the House of Lords, in order to receive the Royal Assent
LAW INTELLIGENCE
CIVIL COURT
Perth Tuesday 4th. December—Before G. F. Moore, Esquire, Civil Commissioner—Executors of Gaze v Butler, to recover £40 for labor done. The validity of Gazes will objected to by Mr Butler. The case ordered to stand over in consequence of the Plaintiff having left the Will at home
The Commissioner remarked that people frequently came into Court with very little evidence, thinking cases could be decided without it; the result of this misconception was much inconvenience and additional expense.
Langley v G. Leake— to recover £17 13 6 for attending a soldier at the Murray. The Commissioner wished to be informed whether the Action was brought against the defendant in his private capacity or as Agent for the Government, if the latter, he could not be held personally liable, unless it could be proved that he had pledged himself to become responsible for the expenses.
Mr Clarke, who appeared on behalf of the Plaintiff begged to know what remedy the Public had, or in what manner they could recover from the Government Agents.
The Commissioner stated that the nearest approach which could be made to the course adopted at home was to petition the Governor in Council, and he was authorised to say, that in the event of the determination not proving satisfactory, every facility would be given to forward a Memorial to the Home Government.
Mr Commissary Lewis, begged to be permitted to explain. It appeared Dr. Langley attended Sergeant Wood at Mr Leakes request. On his return he sent him an excessive bill, and what seemed to him (Mr Lewis) as Auditor too much. Dr Langley was informed that £2 per diem for his attendance, and £1 for the horse, would be allowed, but no notice had been taken on his part of the letter written to him upon the subject, but this action instituted The items of the bill were For three days attendance.
| £10 0 0 | |
| Medicine | 3 13 6 |
| Horse hire | 3 10 0 |
| £17 3 6 | |
It is to be hoped none of us will be ill!!
The Commissioner observed it was highly satisfactory to know the nature of the case. It might be as well to remark, that no individual can sue a Government Agent, as he is not responsible when he gives up his principal. A very vigilant eye was kept over the Government expenditure case dismissed.
Lylburn v Thomson.— Mr G F Stone appeared for the Plaintiff The claim set up was £15 for the balance of passage money for the defendants three daughters. No person could be brought forward who was present when the agreement was made in England
Mr Commissary Lewis stated that he had repeatedly heard Captain Lylburn say that the children were placed under his especial care. He would positively assert that the children were not ill used. He mentioned this in the absence of Captain Lylburn, to protect his character, and would not allow any imputation to be thrown out without contradicting it.
Mr Clarke for the defendant;—If the services were not performed Mr Thomson should be exonerated
Here a letter was read in Court by Mr Clark from Mrs Thomson which imputed great neglect on the part of Captain Lylburn, founded on the representations of the Children.
Mrs. Trigg called. Came out in the Egyptian The Children dined in the Cuddy more than 8 or 10 times. Afterwards dined "down aft"
By the Commissioner, did not dine in the Steerage with the other Passengers, decidely thought it a kindness They were always supplied from the Cuddy table.
The Commissioner— I should be very sorry that any odium should be cast upon a Gentleman whose Conduct to his Passengers has been universally commended
Mr. Commissary Lewis, I am solely actuated in what have stated, by a wish to remove any erroneous impression prejudicial to the interest of Captain Lylburn, who I maintain invariably conducted himself with the greatest urbanity and kindness to all his passengers
The Commissioner observed that he was glad for Captain Lylburn's sake, that Mr. Commissary Lewis happened to be present.
Verdict for the Plaintiff
Mr. Clarke hoped that no immediate steps would be taken to enforce the payment:
Mr Stone replied that the Defendant could not expect any lenity after the attempt which had been made to traduce the character of the Plaintiff, in order to avoid the payment of a just debt.
COURT
OF QUARTER SESSIONS
Fremantle 1st January. 1833.—Before the Honorable W H Mackie Esq. Chairman, the Revd. J B Wittenoom J P George Leake Esq J P and J. Morgan Esq. J P
Thomas Dent, was brought up charged with committing a violent assault upon his wife.
Chairman.—Gentlemen of the Jury this is a very aggravated case, and as similar assaults have been very prevalent in the Colony, we should wish you to give particular attention to the evidence We have reason to believe that the prosecutrix has been intimidated and deterred from coming here by some threats which have been held out
Prisoner I have never threatened her
Chairman.—I did not impute it to you or any individual but I repeat gentlemen it is our belief that the prosecutrix has been intimidated, therefore in order that the ends of Justice may not be defeated, we must treat the case as though she was prevented from attending by illness.
Prisoner—My wife came down to Jail to say that she was conscious of having given me just grounds of provocation
Chairman.—You will have an opportunity of bringing that forward In the proper cource, when you are called upon for your defence.
John Cleland sworn, Mrs. Dent stated to me last night that she did not know what step to take, whether to incur the displeasure of her husband, or forfeit the £10, as she had promised not to appear. I live next door and have had frequent opportunities of witnessing the assaults, it was every day, a regular succession of assaults. Never saw any provocation on the part of Mrs. Dent, she never raised her hand, she was obliged on two occasions to my knowledge to take refuge with a neighbour. I saw the prisoner on one occasion strike her violently, and knock her down on a chest, he hit her principally on the breast, she ran out of the house, her screams brought a neighbour who took the infant child away.
By a Juror—She exhibited marks of violence on her throat.
Chairman,—Have you any thing to say prisoner in your defence.
Prisoner—I am not a very good speaker
Chairman,—The Jury will make every allowance.
Prisoner,—I will acknowledge gentlemen we have not lived a happy life together. My wife, has been in the habit of practising many petty vexations. (As an instance of this a letter was here handed to the bench. The prisoner complained that it commenced and ended without any of those endearing epithets, which might be expected, from an affectionate wife, addressing a beloved husband The circumstance of the letter being written to him during his confinement in the prison, in consequence of the repeated attacks made upon her, seemed to explain this apparent want of courtesey) The prisoner continued, I object to the evidence of Cleland, he had a spite against me, because he imagined that I destroyed a valuable Astronomical work belonging to him My wife has never exhibited any marks of violence.
Chairman,—warmly—We saw the marks on her throat, and delicacy no doubt prevented her from exposing others.
Prisoner—I have been subjected to a lengthened series of vexations, but I now solemnly swear I will never molest her again.
Chairman.—The conduct of Mrs. Dent under all her sufferings, has been truly exemplary, and calculated to excite the deepest sympathy. Gentlemen, the facts are so simple that it may be needless to recapitulate the evidence, however if you are of opinion that it is necessary, I wiil now read to you the deposition.
The Jury not requiring it, retired for a few minutes and returned a VERDICT GUILTY.
John Velvick,—charged with assaulting a black man named Samud Alii.
Sumud Alii Sworn on the Koran.—On the evening of Christmas day I saw the prisoner in front of the Perth Hotel, Jackson, Aassi, and I were going along the street to Mr Leakes Store. Met prisoner and another man: he caught hold of me and said "you black man, give me glass of grog," I said "got no money," he said "you black b—! give you glass" I said "I no drink," he then struck me two or three times I tried to make him quiet (The witness here repeated words uttered by the prisoner, which are too beastly and disgusting for publication.) prisoner held me, while another white man beat me with a stick, when more black men came up he said "all right, very good man and shook hands. Black men all went to their own fire place, white men to Mayo's public house. I saw twenty white men come with sticks, prisoner in front : he asked me to fight, I say "I no fight" be said you bloody b— you must fight, prisoner called all the white men, who caught hold of the black, about eight in number, and some held them fast whilst others beat them with sticks.
John Wittenoom, sworn.— Recollect being opposite Mayo's between 6 and 7 on the evening of Christmas day, saw several black and white men pushing each other down, seemingly in play, saw previous witness and another standing looking on, prisoner pushed a man against Samud Alli purposely. The black men after being teased for some time broke some sticks and acted on the defensive The white men were the more numerous. Saw the black men shortly afterwards sitting quietly round their fire Saw a body of white men about twenty, with boys, coming down from Mayo's with sticks, saw the prisoner there with a stick, the black men were most cruelly used prisoner appeared to head them, he was first, The black men were covered with blood, some of the weapons were very thick The white men were drunk, but the blacks sober
J Purkis, sworn—Remembered hearing a nosie opposite my house, thought it a Christmas gambol, but when I went out I saw a party of black and white men fighting. The prisoner was active in exciting a tumult, it lasted for half an hour, there was then a parley, and both sides shook hands J Wittenoom came down and said he thought there would be a fight I hurried to the black mens huts, about 20 white men came down and challenged the blacks to fight, the prisoner in particular The black men declined fighting. I saw 2 or 3 struck whilst sitting round the fire, there were about 8 black men The attack was made whilst they were sitting on the ground, not one left without serious wounds. One man whilst a white man was shaking hands with him, was struck in a most brutal and cowardly manner with a pole about 7 feet long The person who did it left, exulting that the blood of a black, was on his body From the general conduct of the black men I do not think them likely to bring any thing of the kind upon them, don't think them likely to provoke a quarrel They are not powerful men, should not think it necessary to take a stick to them
J Wittenoom recalled,—The acts of the black men were not a sufficient provocation to use sticks
D Patterson sworn,—Remember a row on Christmas day, heard that some white men were going to pull the black mens huts down, (confirmed statements of the other witnesses) I live on the same allotment, never saw any impropriety in the black mens conduct
Prisoner in his defence stated.—That they were only playing, when a black man struck him with a stick and knocked him down two or three times. They parted friendly and he did not take a stick up to the hut with him
(Several of the Jurymen here repeated what They knew of the transaction This is highly improper, and most probably did not reach the ear of the Bench, or it would have met with a reproof. The Jury are bound to consider the evidence dispassionately, such gratiutous Communications are therefore not only improper, but leave an inference that circumstances within their personal knowledge and probably not produced in evidence, have some weight in their decisions, we will allow it is extremely difficult in so small a Community as our own to select a Jury unacquainted with the circumstances of a Case, previously to their entering the Box, or to divest themselves of the impression this knowledge has left upon their minds, but there cannot be much difficulty in refraining from a public declaration of it.)
The Chairman summed up. The Jury after retiring for a short time, returned a Verdict—Guilty.
I Boltbee,— charged with Stealing Potatoes from Thomas Peel Esq's Garden on Garden Island.
Thomas Peel Esq stated that early in October last he found Prisoner in his Garden diggins up Potatoes. On my asking him what business he had there, he replied he had orders, I said you are my Prisoner and must come before Cap Byrne who subsequently took bail for his appearance to take his trial The Potatoes were planted by the Officers of the Sulphur previously to my becoming the Proprietor of Garden Island On the departure of the Sulphur I purchased the Crop I heard afterwards that the Crop was given away to other persons. Mr. Periam gave me formal possession of the Garden There was no attempt at Concealment on the part of the prisoner: he was open and manly about it, and shewed me what he had taken. I am not certain whether the Prisoner told me by whose authority he acted.
Hy Mr Morgan,—I would ask you Mr Peel whether his Boltbee's general Conduct, as you had opportunities of judging, would lead you to consider that he was a likely man to be guilty of stealing potatoes.
Mr Peel,—decidedly not
Rd. Dawson Esq.,—Had some conversation with the Prisoner about Potatoes at Garden Island on the day the Sulphur sailed. I received permission from the Officers to dig up the potatoes, for the Mess to which I belong at Perth. I gave Cap. Alley of the Mac Naghten, authority to dig on condition that I should have half He employed a man to dig with my sanction. I did not know that a definitive arrangment had been made for the Transfer of the Island to Mr. Peel.
The Chairman here stopped the Case as it was clear that Boltbee was acting without any felonious intent. The Jury unanimously concurring in this opinion.
The Chairman, —Boltbee you are discharged, and leave the Bar without even the slightest imputation upon your Character. No person was never more clearly acquitted
Warrell was charged with receiving sundry articles knowing them to be Stolen.
In consequence of Warrell's spliting against a man of the name of Booker who was tried and convicted, at the last Quarter Session; further disclosures have been made which have implicated the Prisoner
James Day sworn.—I am a Servant to Mr Spiers on the Canning. Remember Warrell and Booker coming to our house, they stopped two nights and one day. Warrell had a pair of corderoy trowsers on, and so had Booker. Warrell offered his for sale for £1. I said it was too much. He left them on a Box, and I afterwards sold them for him for 12s, and gave him the Money.
Elizabeth Spencer, was in the habit of washing at Fremantle, washed Trowsers for the Prisoner. I washed several things for him ; he called and asked me whether I could finish the things by the morning, they were wet and sandy. I told him I hoped he was not going to get me into trouble. I washed brown corderoy Trowsers, And the Blue came out of the striped Shirts, never washed striped shirts before I thought it strange he should have these things. The Prisoner and Booker each put on a pair of the Trowsers. and said they were going up the Canning A night or two afterwards they came down to Fremantle The Prisoner came to me and asked if I had a little Box I could give him, I said I would lend him one, the Box produced is the one. A day or two afterwards he came past with something under his smock frock He said Booker had done the robbery, and he had the Thimbles. I thought they were really thimbles and wanted to look at them. He told me some time afterward that which he had under his Arm, and called Thimbles was watches. He theatened to to take my life if I said any thing.
Henry Vincent, Jailor,-Have seen the Box (here the Box sworn to as belonging to Mrs. Spencer was produced) before. Found it under a tree near the Cantonment, in consequence of Information from Warrell. He did not represent himself as an accomplice. The Box contained a quantity of Watches which were identified by Mr. Habgood, as part of the property stolen from his house. Warrell took me to the Spot and Pointed out a tree under which the Box was found.
The Prisoner in his defence denied ever having seen the Box. It was a conspiracy to get possession of his property, he had never been down to Fremantle only when he came down to give information to Mr. Leake, against Booker.
The Jury returned a Verdict of Guilty.
On Wednesday morning the following sentences were past.
J. Velvick 3 months imprisonment and hard labour. Thomas Dent 3 months imprisonment. and at the expiration of that period to find security for his good behavour. Warrell 7 years transportation. A. Robinson 6 months imprisonment and hard labour.
JUST PUBLISHED
Acts and Ordinances of the Governor and Council of Western Australia, passed during the Administration of His Excellency Captain James Stirling, 1833.
Edited, Printed, and Published by CHARLES MACFAULL, at the Gazette Office, Perth
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