Patrick Fitzgerald

343

Maureen Withey on 13th October 2025

WIDE BAY. MURDER.- On Tuesday last, 12th March, Patrick Fitzgerald, per ship Havering, 1849, and Jacob Wagner, per Henry 1, 1823, were brought before the bench on suspicion of having murdered James Marsden, at Mr. Corfield's station, in this district. Marsden and the two prisoners had lived in the some hut together at an out-station, Marsden was a shepherd, as well as Wagner, Fitzgerald was hutkeeper. From the evidence of Mr. Benson, superintendant for Mr. Corfield, it appears that on Saturday, the 9th March, about eight o'clock in the evening, he heard a whistle at the head station, which he thought was the whistle of Wagner he went out and heard Wagner whistling and calling ; he went up to where the sounds come from, and when he got near, Wagner called out-"Is that you master ? shocking bad news Marsden is killed, and half the sheep is lost ;" he appeared to be in a great fright, and was crying ; Fitzgerald, the other prisoner, was with him, who also appeared very much frightened. They had their bedclothes and things with them, and a gun belonging to deceased. Mr. Benson inquired how they knew Marsden was killed ? They answered, a black fellow named Athlone and his gin had told them, and that there were a great many blacks about. He immediately sent off to the next station (Mr. Walsh's), to report the circumstance. Benson then got horses in, and, accompanied by the two prisoners and some blacks, started in search of the murdered man. On the road, Fitzgerald appeared greatly agitated, and frequently repeated " the Lord have mercy on my soul." When they reached the hut where the prisoners resided, they went in and staid for a short time. He then got a hurdle, a blanket, and some rum, and told the prisoners to come on "and look for the body'. The prisoner Fitzgerald asked to read out of his prayer-book before he went, which having done, he delivered up the pistol he was carrying to Benson, and going on his knees, said, you may do with me what you like; I have done something: Marsden is dead. Shortly afterwards, he said he would show where Marsden was, if he got back the pistol. Benson then ordered all the fire-arms to be discharged, and then made the blacks plant them, fearing Fitzgerald might shoot himself : he, Fitzgerald had a large butcher's knife in his possession; on starting to search for the body, Fitzgerald did not come ; the body was not found that night ; during the search, Wagner several times begged Mr. Benson to shoot him. On Sunday morning, Mr. Walsh, Dr. Brown, and his brother, arrived at the station ; on their arrival both prisoners were secured. After the most careful search the body was not found on Sunday ; on Monday, all the blacks that could be collected were sent to search ; after they had been out two or three hours they came back and reported they had found it. Messrs. Benson, Walsh, Dr Brown and brother, then proceeded to the spot; the body was about two miles away from the hut where deceased resided ; the deceased was lying on his back, with nothing but his trousers and boots on ; he appeared to have received a charge of buckshot all about the front of his body, and to have been shockingly beat about the head with some blunt instrument ; on turning the body over, there was a wound on his right shoulder, which appeared a gunshot wound. On the night the murder was found out, Fitzgerald told Benson that Marsden had been belying him, and Wagner had told him of it. The deceased had often complained to Mr. Benson of Wagner's bad temper, and said he thought he was cranky. A few days before he was murdered, he had knocked down Wagner in a quarrel. Mr. Walsh stated in his evidence, that as they were securing the prisoner Fitzgerald, a black made signs to him that the prisoner had struck some white man on the head ; he afterwards said it was a shepherd. Mr. Walsh was several times alone with the prisoner Fitzgerald, who repeatedly asked him to shoot him. When the body was found, Mr. Walsh examined it : he found a hole through the chest like a gunshot wound ; it was larger than a spear wound ; had seen bodies that had been murdered by blacks ; they were always stript naked ; had not the slightest doubt that deceased had been killed by whites. After burying the body, and returning to the head station where the prisoners were confined, Mr. Walsh heard Mr. Benson questioning the prisoner Fitzgerald about the murder: he said Wagner had murdered him by shooting him under the arm, pointing under his arm at the same time ; he said Wagner had told him he had done it ; he also said Wagner had struck deceased on the back of the head. Also heard Fitzgerald say that Wagner had often threatened to take deceased's life on account of a previous quarrel. Dr. Brown had made a post mortem examination of the body. His evidence was very minute. He stated that a foreign body had entered at the back of the right shoulder, proceeding from behind forwards, not in a straight course, and making its exit at the chest. Could not have been done by a spear. This was sufficient to cause death. The skull was fractured; there were many other wounds minutely described. The prisoner Wagner, in his defence, denied all knowledge of the death of the deceased ; and made a rambling sort of statement about Fitzgerald. Fitzgerald declined saying anything. They were both committed to take their trial for the murder. Sydney Morning Herald, 5 April 1850. A long report of the trial appeared in the Sydney Morning Herald, dated 29 May 1850: ASSIZE INTELLIGENCE. BRISBANE CIRCUIT COURT. WEDNESDAY, MAY 15. BEFORE Mr Justice THERRY. Jacob Wagner and Patrick Fitzgerald were indicted for the wilful murder of James Marsden, otherwise Charles Martin, at Wide Bay, on the 9th March last. The indictment was framed to include both prisoners as principals or accessories, and it alleged the death of the deceased to have been caused by shooting, and by wounds inflicted on the head …. ... The Jury retired for about half an hour, and returned with a verdict of guilty against both prisoners. … Sydney Morning Herald, 29 May 1850.  Execution at Brisbane, Moreton Bay; This morning (Monday, July 8th.) Jacob Wagner and Patrick Fitzgerald were hanged in front of Brisbane Gaol, for wilful murder, …. ... Bell’s Life and Sporting Review, 20 July 1850.

343

Maureen Withey on 13th October 2025

Irish Convict Database, by Peter Mayberry. Patrick Fitzgerald, age on arrival, 27, Per Havering, 1849. Tried 1847 at Tipperary, 7 year for threatening letters. Irish White Boy rebel. DOB, 1822. Remarks: TL, Moreton Bay.