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Edmund Bates, one of 200 convicts transported on the Marquis of Wellington, August 1814
Name, Aliases & Gender
Birth, Occupation & Death
|Date of Birth:
|Date of Death:
||11th April, 1825
life span was 54 years*
* Median life span based on contributions
Conviction & Transportation
Sentenced to Life
||Australian Joint Copying Project. Microfilm Roll 87, Class and Piece Number HO11/2, Page Number 173 (88)
||This record is one of the entries in the British convict transportation registers 1787-1867 database compiled by State Library of Queensland from British Home Office (HO) records which are available on microfilm as part of the Australian Joint Copying Project.
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Maureen Withey on 25th June, 2021 wrote:
Familysearch, Film 36. Marriages at Parramatta,
Edmund Bates, convict, Marquis Wellington, age 32, and Julia Cary, Convict, Elizabeth, age 33, Jan 1 1921, by Banns, at Parramatta, both of Parramatta.
Maureen Withey on 25th June, 2021 wrote:
Colonial Secretary Index.
BATES, Edmund. Per “Marquis of Wellington”, 1815.
Petition for mitigation of sentence (Fiche 3192; 4/1857 p.16)
1823 Sep 22-Oct 15
John Glasside tried by Court of Criminal Jurisdiction for obtaining goods by means of counterfeit orders signed by (Reel 6023; X820 p.105)
1825 Jan 12-May 28
Convicted of murder; to be executed. On returns of prisoners convicted and sentenced by the Supreme Court (Fiche 3298, X730 p.5; Fiche 3298, X727 p.8)
Edmund Bates, an inhabitant of Kissing Point, was committed by the Coroner’s Inquest on Tuesday last, for the wilful murder of his wife, Julia Bates. We understand, that Bates, Mrs. Bates, and one Cochrane, became dreadfully intoxicated on Christmas-day; Cochrane fell asleep; and Bates turned to, and beat his wife to death. When the horrid event was discovered, and the alarm given in the neighbourhood, Cochrane was so overpowered with the quantity of liquor he had drank, as to render every effort to awake him impossible. Such are some of the awful effects of drunkenness!
Sydney Gazette, 30 Dec 1824.
Supreme Criminal Court.
FRIDAY, APRIL 8, 1825.
MURDER.—Edward Bates was indicted for the wilful murder of Julia Bates, his wife, at Kissing-point; on the 25th of December last.
The learned ATTORNEY GENERAL opened the case:—“The prisoner at the bar is charged with the murder of his wife. It will be seen in evidence that both parties were intoxicated; and there is no means of judging if there was any previous malice against the woman; but the circumstances of her death show that he was not so far intoxicated as to be incapable of knowing what he was about: his being drunk would be no excuse for him; if the death had occurred from ordinary blows ; but here it will be seen that the blows were frequently repeated. It does not appear that there was any provocation given ; and even, from the difference of strength, I would conceive there could be none. If the death had occurred from one blow, there might possibly have been some provocation; but here, as I have already said, the blows were frequently repeated, and it is next to impossible to conceive that any adequate cause could have arisen. It is not exactly known with what instrument the blows were given - the indictment lays them to have been given with an axe; but I submit that to be a matter of indifference. After the murder the prisoner confessed his guilt; or, at least, that the blows were given by his hand.”
Mr Allen, Assistant Surgeon at Parramatta, deposed, that he examined the body of the deceased on the 27th of December; it was lying towards the fire on the left side; there were three wounds on the right side of the head ; nearly the whole of the limbs were fractured on the right side close to the spine ; the loins on the same side were much bruised, apparently from blows; in the inner and the upper part of the thigh there was a lacerated wound ; the knees and legs also much bruised, as well as the right arm, with two cuts near the elbow ; on the left leg, near the ankle, there was a compound fracture. Witness thinks that the breaking of the ribs would have caused death.
Richard Porter deposed, that he lived near the residence of the prisoner when the murder was committed. About 8 o’clock on the evening of Christmas Day, the prisoner requested the witness to come over to his house, for that his wife was killed, or burnt to death. The wife of the witness, and one of his sons, shortly after followed by himself, went over, taking with him a cutlass. He found the deceased lying as described by Dr. Allen. Witness exclaimed to Bates—“Long looked for, is come at last !” to which the prisoner replied—“Do you think I have killed my wife? If I had killed her, I would have put her where you, nor no one else, would have found her for these six months.” The prisoner then said he would go away. Witness prevented him, observing if he did, he should go without his head. The constable of the district was then sent for, as well as the surgeon. There was a man named Cochrane in the house, but he was lying on the ground near the body of the deceased, and did not recover for three hours. The prisoner had been drinking, but was not drunk.—Upon his cross-examination, the witness further stated, that the deceased used to get drunk occasionally, but he knew nothing of improper conduct with other men. Bates was in the constant habit of ill-treating his wife.
Charles Clark also lives at Kissing-point ; was drinking with the prisoner, the deceased, and Cochrane, on Christmas Day. He left them at 4 o’clock in the afternoon, having all dined together. They drank three quarts of rum between the four. Witness was drunk, as also were Bates and Cochrane; but he could not say that the deceased cohabited with other men.
John Cochrane deposed, that he was employed by Bates as a labourer ; he was drinking with the prisoner, the last witness, and the deceased, on Christmas Day. He was drunk. The last thing he remembered was placing some roast beef on the table: they all drank a great deal of grog out of a tea-cup. He saw Mrs. Bates dead next morning, which is all he could remember; with the exception that the prisoner said he had been kicking him, and his sides were very sore. Samuel Small was acting constable at the time the murder took place. He apprehended the prisoner. Bates said that his wife had been quarrelling with him in the morning, and upbraiding him with remaining in Sydney the night before. He said he would not quarrel with her; and that if he killed her it must have been when he was very drunk.
Mr John Thorn, chief constable of Parramatta, deposed, that Bates acknowledged to him, while in his custody, that he had committed the murder ; he said that Cochrane had no hand in it ; he could only remember having thrown a large kettle at her, he was so drunk.
James Pearson deposed, that he was at Bates’s on Christmas Day, at 3 o’clock. All in the house were drunk, with the exception of the prisoner. The deceased was also drunk.
Here the prosecution closed.
The only evidence called on the part of the prisoner by his Counsel (W. C. WENTWORTH, Esq) by whom he was ably defended, was Mr. Thomas Rose, who gave the prisoner an excellent character. He had known him for 9 or 10 years, and always thought him a quiet, hard-working, industrious man.
THE CHIEF JUSTICE.—“This is an information against the prisoner at the bar for the wilful murder of his wife, Julia Bates, on the 25th of December, 1824. The information sets forth, that she came by her death in consequence of blows inflicted by the prisoner with an axe. The precise circumstances as to how she came by her death, is not in evidence before you. On the morning after the murder she was found lying near the fire, with several wounds on her body. From the testimony given by Mr. Allen, the Surgeon, it appears to have been the fracture of the ribs which caused her death; but, on his cross-examination, as to the instrument with which the wounds were inflicted, he does not think they were given by an axe. The exact instrument does not appear in evidence; but, Gentlemen of the Jury, it is not necessary that the precise instrument, with which the murder was committed, should be proved—though it is necessary to state it, as near as possible, in the indictment. It appears that by blows, stamping, or some violence, she came by her death ; but I beg to state to you, Gentlemen, that it is not necessary to prove the exact weapon, if the general features of the case will bear out the indictment; and it is in evidence that Julia Bates came by her death in consequence of blows inflicted by the prisoner at the bar. The defence set up, is drunkenness. Gentlemen ; drinking is no excuse for that mental incompetency which causes such acts as those before you. The law says, that drunkenness is no excuse for crime ; but even if it were, it cannot be found in evidence that the prisoner was in a state of intoxication which would render him insensible of the enormity of the crime he was perpetrating. The witness, Porter, distinctly states, that the prisoner was not drunk ; that he was only tipsy. Gentlemen; there are various names for various grades of this frightful propensity ; but this witness describes exactly the manner of the prisoner ; that he was perfectly collected ; that he held conversations. If it had been proved that he was actually drunk it would have been no legal excuse ; but no such evidence is before you ; and it is my duty to state to you, that, in my mind, there is no doubt of the guilt of the prisoner.” Verdict- -Guilty.
The awful sentence of the law was then passed upon the unhappy man, by which he was doomed to expiate his dreadful crime on Monday, the 11th instant, and his body afterwards to be given over for dissection.
On Monday last, pursuant to his sentence, the above culprit underwent the punishment of death at the usual place of execution.
Sydney Gazette, 14 Apr 1825.
Edmund Bates was executed Monday 11 April 1825.
Convict Changes History
Maureen Withey on 25th June, 2021 made the following changes:
Maureen Withey on 25th June, 2021 made the following changes:
date of death: 11th April, 1825 (prev. 0000)