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I do myself the honour to inform you that, on the night of the 6th of October last, James Scobie was found murdered on the gold field of Ballarat. As he had been last seen coming from the Eureka Hotel, suspicion fell upon the landlord, James Bentley, his wife, and John Farrell, all of whom had formerly been convicts in... |
The magistrates, after hearing the evidence and examining witnesses, pronounced the prisoners not guilty of the charges preferred against them, and they were accordingly released. |
This decision gave great dissatisfaction to the entire digging community of Ballarat; they denounced the presiding magistrate, Mr. Dewes, accused him of being connected by interest with Bentley, and broadly asserted that he had been bought over. |
Infuriated with rage, a vast assemblage of diggers was soon on the ground; and notwithstanding the exertions of the Magistrates, police, and a small party of military, they set fire to the hotel, sacked it, and burnt it to the ground, and with infinite difficulty the prisoners obtained safety in the camp, and escaped t... |
The knowledge of strength which they now had acquired and the indecision and oscillation of the authorities in allowing the riot to get head, caused the diggers to hold mass meetings, use the most threatening language to the officers on the gold field, and led them to fear that an attack would be made on the Government... |
On obtaining official information of these proceedings, I lost no time in making such dispositions as I concluded would enable the authorities to maintain the integrity of the law, and within four days, 450 military and police were on the ground, commanded by an officer in whom I had confidence, and who was instructed ... |
These dispositions, and the knowledge that the military were instructed to act, checked all further movement on the part of the diggers. Four of the supposed ringleaders were arrested, and very heavy bail taken for their appearance to stand their trial. Gradually the irritation subsided, and the diggers returned to the... |
The movement being now quelled, it behoved me to investigate the charges which poured in from all quarters, of general corruption On the part of the authorities of the Ballarat gold field; and, accordingly, I appointed a Board of Inquiry, composed of officers of standing and ability, and directed them to proceed to Bal... |
The Board report that the stipendiary magistrate, Mr. Dewes, had obtained loans of money from various individuals resident at Ballarat, and state "that such acts cannot be too severely animadverted upon as tending to subvert public confidence in the integrity and impartiality of the bench." |
They also report Sergeant Major Milne, of the police force, as guilty of receiving bribes; but, with these exceptions, they are unanimous in declaring that the conduct of the officers on the Ballarat gold field has been honourable and correct. |
I have directed that Mr. Dewes' name be erased from the Commission of the Peace, and have requested the Attorney General to inform me whether Sergeant Major Milne can be prosecuted for receiving money illegally. |
William Walker stood indicted for the wilful murder of Thomas Woods, by shooting him with a pistol, on the 22d May last, in the district of Cassilis; and John Gore stood likewise indicted for aiding and abetting in the commission of the said murder. |
Mr. Therry, who conducted the case for the crown, without making any statement to the Jury, called |
James Driscoll - I am assigned to Major Druitt, upon his farm at Cassilis; on the 21st May, I was in the lock up of Mr. Busby, for being in the bush; I was sentenced to corporal punishment, but had to wait; I gave myself up to Mr. Sibthorp, by superintendent; when I absconded, Gore, with Reiley, Field, and Gray, went w... |
Luke Sibthorpe. - On the 20th May last, I was at Bennegillaroy; I saw Woods on that day - stopt and searched him, he said he had been robbed of a pistol the night before; I took him into custody and gave him in charge of a constable; on the Sunday morning I received a note from Mr. Busby to muster as many men as I coul... |
Mr. Windeyer, Junior, on the part of the prisoners, then took two objections: 1st, that since the issuing of the King's proclamation in November last, making legal counties in this colony, all the legality applied to them, as to counties in England. In all informations at home it was required that the particular countr... |
Mr. Justice Burton said he was quite willing to hear any argument upon the point, but the practice alluded to did not apply here for this reason - that the Supreme Court sitting here had jurisdiction over the whole colony, whilst by the English Common Law the offender must be tried in the county where the offence has b... |
Mr. Windeyer said, the next point was that the name of the deceased had not been properly proved, viz.: as to whether it was Wood or Woods as it ought to have been according to 2nd Hale page 181. In support of his opinion he alluded to the case of Sheen for the murder of his child. |
Mr. Justice Burton, considered that the question of identity of person was one for the Jury; but even if it were good, it would be of no advantage to the prisoners, inasmuch as he would immediately direct a fresh information to be drawn up against them. |
Two or three witnesses were then called, but their evidence contained nothing material. |
His Honor, previous to summing up, requested the Jury would stand whilst he was going through the evidence in order that their attention might be kept awake, as no doubt from the length of time they had been sitting, some of them were fatigued. When he had gone very carefully through the whole case, the Jury retired fo... |
His Honor then proceeded to pass sentence, in doing which he observed that it then became his duty to pass upon them that sentence the most awful a Judge could pass, as it was to usher them before the Great Judge of all the world. The Jury had found them guilty after a long and impartial trial. He (himself) had no doub... |
The two men William Walker and John Gore, tried on Saturday, were again put to the bar this morning. - His Honor addressing them, said - "Prisoners, you are now placed again at the bar in order that a certain part of your sentence may be amended. You were convicted on Saturday, and sentenced to death. There was, howeve... |
(It was the latter part of the sentence which constituted the informality, it having been omitted in the sentence passed on Saturday.) |
I every day defer writing, but the day must come when it must be done, but oh! no pen can express with truth the pain and agony of the heart that dictates. We sailed from Plymouth with a fair wind on Tuesday, 13th November. My throat after applying leeches was better, and so I thought our dear children were, but hopes ... |
The warm weather here brings out swarms of small flies, cockroaches and bugs, the last mentioned on comparison are trifling inconveniences |
There is another child dead to-day, making in all 17, and I believe all could have been saved with care and proper medical attention. |
We have had three children born on board. One was dead and the others with their mothers are doing well. The ship is like a little town, so much scandal and ill-nature, and prying into each other's affairs, you would hardly believe. We have found the preserved meat the last eleven weeks so bad that we cannot eat it, an... |
My dear Grandfather & Grandma, We are very comfortably settled about twenty five miles from Melbourne on a station, not in partnership with but on the same place with Mr & Mrs Dawson. George has now 45 head of cattle which he expects in ten years will have increased to 880 head which at the present worth will be - abou... |
This is generally called a very fine climate but give me home as yet. To be sure you have a great deal of bad weather that we are spared, but it is very hot here now, and very changeable, the thermometer at this time is 104 in the shade, I leave you to judge what it must be in the sun. As for insects they are more nume... |
The children have not had a day's illness since their arrival, they do not mind the heat, you may be sure they are not- burdened with many clothes. Prid is becoming an expert judge of cattle and grows very fast, so like his father. As for Willie, if ever there was a brag he is one, and it would fill a volume to tell yo... |
Mary wrote me an account of your removal and robbery. I trust you have no more frights and that you now find your new abode more comforable than the old one; more airy I am sure it must be. I do not, think I could live in London now, the air is so fresh here, we have plenty of wind and when it rains it comes down in to... |
Now my dear Grandfather and Grandma that I have come to the end of my paper, I must wish you a happy new year and though so far separated from you be sure I do not think of you the less. It was ordained for the best that we came here. I have no doubt it turn out so. We are sure of making a comfortable independence for... |
Jonathan Leitch, Master of the brig Atalanta, was indicted for violently assaulting one Abraham Blaxland, a seaman on board that vessel. |
The indictment contained two counts - charging two separate assaults - the first committed on the 18th of Feb, and another on the 18th of May last. |
The defendant pleaded Not Guilty. The Attorney-General stated the case. The defendant was charged with a common assault, admitted on the high seas. By the New South Wales Act, jurisdiction was given to the Supreme Court of that Colony, over offences like the present, which might be committed at sea. The possible defenc... |
ABRAHAM BLAXLAND sworn - examined. Is a seaman belonging to the brig Atalanta. The defendant is Master of that vessel. Witness shipped at Rio de Janeiro, in March last, and acted in the vessel from thence, till her arrival at this port, in the capacity of cook. On the 18th day of the same month, sometime towards evenin... |
Cross-examined. - The first assault took place on the 18th of of March last; the second mate told him it was on that date. Does not know the day of the week. The water was spilt by accident, and not occasioned by witness being drunk. He and the whole of his shipmates are under a sentence of the Bench of Sydney Magistr... |
John Henson deposed, that he is a seaman belonging to the same vessel as last witness; saw the two assaults complained of. Witness, on one of the two occasions, endeavoured to get his shipmate off from being further beaten, by saying, "Oh Captain, don't kill him." The latter left off striking the other man, and levelle... |
Cross-examined. - It was stated by the Captain, in the course of the voyage, that a greater part of two casks of wine had been drawn off in the hold of the vessel. Believes he accused the seamen of doing it. Believes it was on the two occasions that the alledged assaults took place, on the robbery being discovered. Nev... |
Re-examined - The defendant came to witness the day after he was assaulted, and asked him to say "yes" - meaning that he, witness was drunk on the previous day. Believes it was intended to be entered in the log book. Some other evidences deposed to a similar effect. |
The Attorney General here closed the case for the prosecution. |
Was freighter of the Atalanta from Rio de Janeiro to this port. Was passenger in the vessel. Knows the carpenter and cook were "rope's-ended' in the course of the voyage. They made no complaints to witness of ill-treatment. Has seen the second mate drunk. The whole of the crew, with the exception of the boys, were ship... |
Cross-examined - Never heard such a thing before as a whole ship's crew leaving a vessel altogether, when prosecuting a voyage, which they were bound to perform by articles. Witness chartered the Atalanta at Rio de Janeiro. There were no mariners on board. Does not know for what reason the men left the vessel. Never sa... |
THOMAS HAY deposed, that he is cabin boy belonging to the Atalanta - sailed from London to Rio de Janeiro, and there entered into articles with the Captain - deponent during the voyage has frequently desired him to tell Mr. Barboza, that the cook was drunk, else he would flog him - witness did so from fear - will now s... |
Cross-examined - between 13 and 14 men sailed with the vessel from London - the whole of them, with the exception of witness and another, had left the vessel at Rio - it was on account of bad usage - whilst at that port, witness endeavoured to go on shore with the other men to the English Consul, but was prevented - on... |
The JUDGE summed up. - the fact of an Assault on the Cook, his Honor observed, was incontestibly proved - there was no single fact adduced in evidence, to shew what the man had done, to call for the exercise of legitimate authority - nor had there appeared ought to justify the defendant to go to such extremes as he had... |
Mr. BARBOZA had stated, the first time he heard of any complaint from the Captain against the men was on the Monday after they had absented themselves - why should they subject themselves to 3 months imprisonment, unless they had some reason for so doing? - what answer did the men give to that query, they say, "we cons... |
The Jury after about five minutes consultation found the defendant guilty. |
The MASTER of the Atalanta was this day brought up for sentence. An arrest of judgment was moved on sundry objections, which the Court overruled, and the Chief Justice adjudged the defendant to pay a fine of 50£ to the King, and be imprisoned 'til such fine was paid. |
Abbreviations- For P. read penalty- for forf. read forfeiture; for M. read Magistrate; and for B.M. Bench of Magistrates. |
Agreements- not cognizable unless written and registered; being witnessed by one person not a prisoner, Nov. 13 1800. |
Apprentices and Deserters- forbid to be harboured or inveigled- p. 6 months hard labour exclusive of penalties by law ordained, if free; and if a prisoner, 100 lashes with other penalties at discretion of a Bench. Sept. 22, 1804. |
Arms and Ammunition- prohibited to be landed without permit; p. forf. of bond and charter party. July 24, 1802. |
Assault- every description of persons to obtain redress by action or indictment; and persons beating prisoners assigned them to forfeit such future indulgence. May 5, 1803. |
Assignments- not cognizable unless drawn up at the Judge Advocate's Office, and registered. Feb. 26, 1802. |
Bakers- to make bread of one quality only; viz. 24lbs of bran to be taken from 100lbs of wheat; to charge 4d in money, or 2.5 lbs of wheat for a loaf weighing 2lbs. 1 ounce when new, and 2lbs. If one day old- P. 5£. & otherwise at discretion of a Bench, May 8, 1801, and Feb 17, 1804. (Note- In litigations relative to t... |
Bakers- to pay no more than 1s per bushel for grinding wheat into flour. Feb. 17, 1804. |
Barrack Bedding & Furniture- prohibited to be purchased- p. indictment for receiving stolen goods; Mar 14, 1801. |
Boats- belonging to individuals to land only at the hospital wharf, unless by permission- p. seizure. Feb. 6, 1804. |
--- - forbid to convey spirits without permit- p. seizure. Oct. 24, 1801. |
--- - employed in the Hawkesbury trade not to depart from thence or from Sydney without 3 days notice of departure- In case of attack to cut away masts, and run on shore; and to be provided with an axe or tomahawk- p. exemplary punishment. Nov. 9, 1800. |
--- - those on the River Hawkesbury to be numbered, registered, and chained at night- and not to be rowed about after dark- p. confiscation. |
--- - not to convey any person on board a vessel after notice of departure, without permission from the Governor or Officer in Command; p. forf. the boat to informer, and 5£ to Orphans. Nov. 19, 1802. |
--- - required to be all registered and numbered. p. forf. to Orphans. Nov. 19, 1802. |
--- - forbid being in Cockle Bay or Farm Cove, either ashore or afloat, after sunset; p. forf. to the Crown-- and all boats to be moored within the hospital wharf & hulk. Aug. 31, 1803. |
--- - conveying grain from Hawkesbury. No grain to be put into an open boat or one that is not trustworthy, or no complaint of damage therefrom cognizable; but if more grain be received than consistent with safety, the master to make good all loss or damage, lose the freight, and pay 5£ to Orphans; and 5£ also to Orpha... |
British Seamen forbid shipping in foreign vessels during the war- p. 40£. Bench of Magistrates. Aug. 11, 1804. |
Butchers- none to vend carcase meat but such as are licensed- p. 5£, and imprisonment 1 year. - Licensed butchers to enter into recognizances to observe as follows- not to kill any breeding flock, nor to send live stock or carcase meat on board vessels without permission; to deliver to the Governor a weekly return of s... |
Cedar growing at Hawkesbury not to be cut down or removed without permission- P. confiscation, with that also of the cart or boat removing it, to public use. April 2, 1802. |
Centinels- to oblige every person (except an Officer), to advance when challenged; and to confine every person who presumes to answer "Officer" without authority. Dec. 14, 1804. |
--- - when stores, &c. are to be placed in charge of a centinel, application must be made to the Serjeant of the Guard, from whom he is to receive instructions- otherwise the centinel not accountable. Nov. 12, 1803. |
Certificates- No person to be employed unless he produces his certificate if a freeman, or his ticket of leave of a prisoner- P. employer to pay 5£. and 2s. 6d. for each day the man has been employed- and should he prove to be a prisoner without permission, P. 20£ and 2s. 6. per diem to Orphans. B.M. Aug. 4, 1804. |
--- - to persons about to depart the colony will not be granted unless their names be published one week previous to leaving the cove. March 30, 1805. |
Colonial vessels- to be registered; and pay Fees to Orphans, for Register 10s. for Permission to got to Botany Bay or Hawkesbury 2s. for Re-entry 2s. to go beyond Broken or Botany Bay 5s. Re-entry 5s. Oct. 15, 1800. |
--- - clearing for or from any dependent Settlement prohibited taking any person on board unless authorised- P. forf. of bond and recognizance. B.M. Sept. 27, 1804. |
--- - not to be allowed a clearance with more than 80 gallons of spirits for 26 men; 50 gallons for 18 men; 30 gallons for 12 men; and 18 gallons for 6 men, if going on a sealing or whaling voyage. June 16, 1805. |
--- - person having families not to enter on board, unless provision be made by the owners for their families while absent- the owners to find security also to return such persons when their engagement expires. Owners to maintain their men while on shore, or the latter may relinquish their contract. Sept. 5, 1805. |
Colonial vessels- Owners to provide sufficient provisions for the support of their men. P. by civil action. Sept. 5, 1805. |
--- - not to depart for oiling and sealing until bonds be entered into by the owners, binding themselves in 500£ and two Sureties in 50£ each, to perform as follows- - To take no person without permission and regular notice of departure; - to obtain a clearance; - not to navigate beyond the Limits; namely, 10° 37' and ... |
Constables- forbid releasing persons taken in charge until discharged by a Magistrate. May 14, 1802. |
Convicts not to employ others to do their work; to which all overseers are strictly to attend- P. at discretion of Magistrates. Oct 3, 1800. |
--- - not to strike or be struck by free persons- P. 200 lashes the prisoner and gaol gang 12 months; a free-man to pay 40s. for first offence, and be bound over; & for 2d offence 5£, and security doubled. Feb. 19, 1802. |
--- - Those assigned to be of no expence whatever to the Crown. June 11, 1801. |
--- - Their persons not attachable for debt. Au. 8, 1801. |
--- - Those taken off the stores to be employed on their master's grounds only, and in no case be permitted on their own hands, or let to hire; P- to Orphans, the master to pay 10£, and 2s. 6. for each day the servant has been absent from public labour; B.M. Jan. 12, 1802. |
Convict servants- not to be beaten by their masters; who are to complain to a Magistrate when necessary, on pain of forfeiting such future accommodation. Mar. 5, 1803. |
--- - Those off the store not to charge exorbitant prices for their labour (for Regulations in which see Labour), or otherwise misbehave. P. recalled, & other punishment according to offence. Aug. 4, 1804. |
--- - Masters to clothe, and maintain them with a ration equal to that issued by Government; to provide for them a sheltered lodging; the servant to work in his own time for his maser in preference to any other person, and never absent himself without leave; in case of misbehaviour the master is to prefer his complain... |
Convict Servants - Those indented for not to be suffered on their own hands; P. the master to pay 2s. 6d. per diem, and 1s. for each day the servant shall be discharged before the term indented for expires. Ibid. |
Copper Coin - Importation and exportation above 5£ prohibited; p. treble the value. Also; 5£ and not above a legal tender. Nov. 19, 1800. For local value see Specie. |
Creek Bridge - Tolls as follow: Each foot passenger 4d. or 10s. per ann.; each horse, single or in draught 2s. 6d. or 2l. 10s. per annum: - waggons or 4 wheel carriages with not more half a ton lading, 1s. 6d. or 1l. 10s. per annum; - a cart or carriage with 2 wheels, laden or not, 1s. 6d. or 1l. 10s. per an. - Sheep u... |
Cur Dogs - such as are dangerous to stock or apt to fly at horses to be destroyed; and if damage be sustained the owner of the dog to forfeit a treble amount. Feb. 17, 1801. |
Debts - Wheat & live stock at Government prices a legal tender, Jan. 7, 1801. |
--- of deceased Persons - Priority of claims for: 1st, medical attendance; 2d, debts and duties to the King; 3rd, judgments; 4th, recognizances; 5th, rents; 6th obligations, bill final and protested; 7th, single bills; 8th, wages; 9th, book debts, &c. Dec 15, 1800. |
Deeds, Bonds, &c. - to be executed by the Judge Advocate as Notary Public; individuals prohibited the exercise of any part of such office; p. removal. June 2, 1805. |
Detainer - Applications respecting such to be made in writing at the Secretary's Office. April 7, 1805. |
Detainers - to be lodged within ten days after notice of departure ; otherwise not cognizable, unless the party about to depart remain 20 days after the notice has elapsed. Nov. 2, 1805. |
Extortion - to be punished as circumstances may require. May 26, 1802. |
Fees - High Court of Appeal before the Governor: To Provost : No Appeal is allowed from the Verdict of the Civil Court to the Governor, unless Appellant gives good Security to prosecute it, and answer Condemnation Money, with costs and damages, in case the Verdict of the Civil Court be affirmed, Nor, from the Governor... |
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A COrpus of Oz Early English (COOEE)
Overview
Material to be included had to meet a regional and a temporal criterion. The latter required texts to have been produced between 1788 and 1900 in order to become eligible for COOEE. It was mandatory for a text to have been written in Australia, New Zealand or Norfolk Island. But in a few cases, other localities were allowed. For example, if a person who was a native Australian or who had lived in Australia for a considerable time, wrote a shipboard diary or travelled in other countries.
Contains: Letters, published materials in book form, historical texts.
The collection is stratified in two ways:
- Time period - The corpus is divided into four time periods (the initial numeral of each file name indicates the period from which the document comes):
- Period 1: 1788-1825
- Period 2: 1826-1850
- Period 3: 1851-1875
- Period 4: 1876-1900
- Register - The corpus contains material from four registers (the register to which a file belongs is specified in the metadata at the start of each file in the form <r=[register]> using the abbreviations above):
- Speech-based (sb)
- Private written (prw)
- Public written (pcw)
- Government English (ge)
Data Source
The original data is downloaded from LDaCA - A COrpus of Oz Early English (COOEE) and licensed under CC BY 4.0.
The current dataset is cleaned by Yifan Luo. You can also find the dataset on GitHub.
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