Connor Fitzpatrick

338

Penny-Lyn Beale on 14th October 2024

1825 - General Muster. EXECUTED for murder. Sydney

341

Maureen Withey on 5th July 2021

Colonial Secretary Index. FITZPATRICK, Cornelius. Per "Minerva", 1819. 1821 Apr 16 On list of prisoners transported to Newcastle per "Elizabeth Henrietta" (Reel 6007; 4/3503 p.221) 1824 Mar 30 Charged with murder of John Bentley (Reel 6067; 4/1810 p.73) 1824 Jun 21 Sentenced to death. On return of prisoners tried before the Supreme Court of New South Wales (Fiche 3298; X727 p.1) -------------------------------------------------- Murder.--Cornelius Fitzpatrick and Thomas Colville were indicted for the wilful murder of John Bentley, a shepherd in the vicinity of the settlement of Newcastle. It appeared by the testimony of Robert Sears, an accomplice that the prisoners and himself were in company on the way from Patrick's Plains to Newcastle; that, when within a few miles of the settlement, the prisoner Colville and the witness passed a hut occupied by Bentley, the deceased, leaving behind Fitzpatrick and a black native. That when about 60 yards a-head of Fitzpatrick, the witness heard the report of a musket. Upon Fitzpatrick coming up, the witness Sears enquired the cause of his, discharging his piece at that time, it being in the night :- the reply elicited was, "that he had been shooting at a dog ; and here, for the moment, further enquiry dropped. On their arrival at Newcastle, however, the native and the witness Sears were at the house of a constable, named Young, when the black-man expressed vast sorrow for what had been done by Fitzpatrick, whom he, the native, then impeached with the death of "Old John," meaning unfortunate Bentley, the deceased. Further enquiry became instantly instituted, and the information given by the native proved to be too true! In the presence of the gaoler at Newcastle, it was also proved, that Fitzpatrick acknowledged to the discharge of the musket, which had occasioned the death of Bentley; at the same time exculpating the witness Sears, and adding that the musket went off accidently. There was corroborative testimony of the fact, that the prisoner Fitzpatrick did fire the gun, and that the deceased met with death in consequence. The Members retired after the charge of His Honor the Chief Justice, and were occupied nearly an hour in the jury-room, when a verdict of Guilty was returned against the first prisoner, Cornelius Fitzpatrick, and Not Guilty against Thomas Colville. The awful sentence of the Law was then passed upon the murderer, by His Honor the Chief Justice; which decreed that he should suffer death on Wednesday morning (yesterday). Sydney Gazette, 24 Jun 1824. EXECUTION. - On Monday morning last, Cornelius Fitzpatrick, the unhappy man condemned at the present Criminal Sessions for wilful murder, underwent the awful sentence of the law, at the usual place of execution in the rear of the county gaol. He confessed the fact of having discharged the gun which wounded and killed poor Bentley, but averred it originated in accident. The justice of that sentence, however, which doomed him to an untimely end, he fully acknowledged; and hoped for mercy through the merits of CHRIST JESUS. Sydney Gazette, 1 Jul 1824.

341

Maureen Withey on 5th July 2021

Irish Convict Database, by Peter Mayberry. Connor Fitzpatrick, age 26, per Minerva I (2) 1819, Tried Clare Co., 1818, Life. DOB, 1793, native of Clare. Labourer.