James Farrell

342

Maureen Withey on 27th January 2025

SATURDAY, FEBRUARY 15 -The following prisoners were, brought up before the Court, and sentenced as follows :- - …  and James Farrell, as an accessary before and after the murder of John Waters and Robert Stewart; To be transported to Norfolk Island for life. Sydney Monitor, 18 Feb 1834. James Cavanagh was indicted for the wilful murder of Robert Stewart, at Bathurst, on the 30th November last, by striking him on the head with an instrument used by shingle splitters called a throw, from the effects of which he instantly died ; Charles Serjeant and Bletsir Chesterfield stood charged with being present, aiding and abetting the first named prisoner in the commission of the said murder : and James Farrell was charged with being accessary after the fact, in receiving, harbouring, comforting, and maintaining the three first named prisoners, well knowing they had committed the said crime. A second count charged the same prisoners, in the several decrees aforesaid, at the same time and place, with the wilful murder of a person to the Attorney-General unknown. The prisoners severally pleaded Not guilty. .... This case has before attracted the attention of the public ; the prisoners were all assigned servants to Thomas F. Hawkins, Esq., J. P., Bathurst. A man named Patrick Wallis was the chief witness against the prisoners, and he deposed to the following effect, viz. :— That he was a runaway from one of road gangs, and Cavanagh and Farrel being his shipmates, harboured and assisted him while in the bush ; he and the whole of the prisoners concerted to rob the dwelling house of the deceased, Robert Stewart, who resided in a lonely hut, about three quarters of a mile from Mr. Hawkins's farm, and on the night of the 30th November last, they proceeded to carry their plan into execution ; the deceased was an old man nearly 70 years of age, and had only another person living with him, of the name of Waters ; the witness, and the prisoners Cavanagh, Serjeant, and Chesterfield proceeded to Stewart's hut, the prisoner Cavanagh armed with a throw, and the other two carrying sticks ; arrived at the spot, they knocked at the door, which being opened by the deceased, he was immediately knocked down by Cavanagh ; and Wallis then perceiving it was the prisoners' intention to commit murder, called out to them to desist; but finding they paid no attention to him, he returned to Mr. Hawkins s farm, and going to the kitchen in which they had left the prisoner Farrel, he called out loudly, that the prisoners had committed murder ; there was no light in the kitchen, and he could not see whether Farrell was there or not ; he then made his way to the settlement of Bathurst, which was two miles off, and reported the case to Lieutenant Darley of the Mounted Police; that officer having procured assistance from the party under his command, hastened to Mr. Hawkins's farm, on the road to which, the witness Wallis related to him the particulars above detailed ; when the party arrived at Mr. Hawkins's kitchen, the door was opened by Chesterfield and Farrell, who were alone, and on the former of whom was several spots of blood ; having secured those persons, the police moved towards. the deceased's hut ; but in Mr. Hawkins's yard, they perceived a naked man crawling on his hands and knees towards the stable ; on taking this person into custody, it proved to be the prisoner Serleant, whose hands, breast, and thighs were smeared with fresh human blood ; a little farther on, they encountered another person who had a bundle on his back ; on being challenged, he threw down the bundle and ran off ; the police fired at him but he escaped ; this was supposed to be the prisoner Cavanagh, who was apprehended next morning near the place, by a soldier of the 17th Regiment, and on his person, 17s. 6d. was found, from which the marks of blood had been attempted to be obliterated ; on examination of the bundle it was found to contain sundry articles of clothing belonging to the deceased, which were smeared with blood ; the party then went to the hut, where they found the bodies of Stewart and Waters, both of them quite dead, but warm ; the skulls being dreadfully fractured, and the place literally covered with human gore. The iron throw was also found, with a portion of blood and grey hair adhering to it, resembling that on the deceased Stewart's head. Lieutenant Darley confirmed the testimony of Wallis in the minutest particular, as to the information he furnished him with ; that his story was consistent throughout ; and that he seemed perfectly, collected while giving it. Dr. Busby stated, that he examined the bodies of the deceased persons, and was of opinion, that the wounds on their heads, were inflicted by an instrument similar to the throw which was produced. For their defence, Mr. Nichols called upon several prisoners, from the Bathurst iron gangs, to throw a shade of discredit on the evidence of the witness Wallis, but their testimony was unavailing. Several of these persons were brought up in fetters, in conformity with their sentence. Mr. Justice Dowling would have removed these men's irons whilst giving evidence, but there were no means of striking them in Court, and the hour was getting late. The Solicitor General objected to the evidence of these men being taken, but His Honor said, that point had already been decided after the most solemn consideration of the Judges. The Court had decided on the competency of such persons as witness, but it would be for the Jury to determine as to their credibility. The learned Judge then minutely recapitulated the evidence, commenting upon such parts of it, as bore most strongly on the case. His Honor said, that if a number of persons united in one common object, assembled to commit a felony ; and in the carrying their purpose into effect, one of the party should perpetrate a murder, all present were equally guilty in the eye of the law. This had been decided in a case in England same years ago, in which he appeared as counsel for three of the accused persons ; and upon that point, six individuals were convicted as principals, condemned, and executed. The Jury after having consulted for half an hour, declared Cavanagh, Serjeant, and Chesterfield Guilty of wilful murder ; and Farrell Guilty of being accessary after the fact. The prisoner, Farrell was directed to be removed from the bar. The SOLICITOR GENERAL having prayed judgment against Cavanagh, Serjeant, and Chesterfield. Mr. Justice DOWLING placed on the black cap, and addressed the prisoners. They had been convicted, after a patient and deliberate investigation by a Jury of intelligent and respectable citizens of Sydney, of the foulest, and most atrocious murder within his recollection. An old man on the brink of the grave, had been cowardly and inhumanly murdered by three hale young men, whose sole object was to plunder his lonely hut. To the honour of the British nation, such occurrences were but rarely met with : when murder was committed, it was generally done under far less aggravating circumstances than their case exhibited. As then crime appealed to be of more than ordinary atrocity, so he trusted their public exit from life, would be marked with more than usual execration ; and he sincerely hoped, that the melancholy lesson their dreadful example would afford, might prove the means of deterring others of their vicious and sanguinary dispositions. His Honor concluded a most pathetic address to the prisoners, by sentencing them to be hanged at the place of public execution on Monday next, and their bodies, when dead, to be delivered to the surgeons for dissection and anatomization. [The Court-room was crowded to excess during the trial of these wretched men, who betrayed not the slightest symptoms of emotion, neither when the verdict was announced, nor the awful sentence delivered. A feeling of horror seemed to pervade the minds of every one present, during the details of the inhuman deed.] Sydney Gazette, 11 Feb 1834. As stated in the evidence in the above report, James Cavanagh, (Kavanagh) James Farrell and Patrick Wallis, the main witness, all arrived on Dunvegan Castle in 1832.

342

Maureen Withey on 25th January 2025

Irish Convict Database, by Peter Mayberry. James Farrell, age on arrival, 27, per Dunvegan Castle (2), 1832. Tried 1832 at Meath, Life for Burglary. DOB, 1805, native place, Louth Co. Single. Catholic. Trade, Labourer farm. Died 1836, at Norfolk Island.