James Hincks

343

Maureen Withey on 17th August 2019

MARYBOROUGH ASSIZES, MARCH 25. John Kingsmill, Robert Harvey, Robert Bolton, George Walpole, James Hinks, and John Owen, policemen, were indicted for the wilful murder of Richard McDaniel, the l2th of August last, inflicting several bayonet wounds on his person. W. Boxwell, Esq. M. D. proved he had attended the deceased before his death, and that he had examined his body, upon which he discovered fourteen wounds- one of which was inflicted by a triangular weapon above the navel, and on in the left eye, which had penetrated its orbit, and entered the brain, and which the doctor believed have been the cause of McDaniel’s death. Bridget McDaniel, sister of the deceased, proved that she was in company with her brother, in the house of James Fitzpatrick, of Bullinakill, on the 12th of August last. About the hour of ten o’clock at night the police entered the room where her brother was sitting, and desired him to pay his reckoning and quit the house, which he said he would do as soon as the company the inner room would come out. The policemen said the deceased should not wait for any person, and some of them seized him the breast, upon which deceased desired them not to drag him. One of the police men then struck him with a gun; a number of policemen then immediately rushed into the room from below stairs, and every one then struck her brother with one weapon or another. She saw one of them draw his bayonet and thrust it into the body of the deceased. The defence urged on behalf of the prisoners was, that the Magistrates had caused general instructions to be issued to the police, to clear all public houses of their visitors, at ten o’clock at night, and that, acting in pursuance of these instructions, they had entered Fitzpatrick’s house on the night the deceased lost his life that he had refused to obey the orders of the police on that night, and that in consequence, an altercation and struggle ensued between them and some country men, who were in the house, took part with the deceased which caused a general fight between them and the police, and that in the quarrel the deceased lost his life. The jury acquitted the prisoners murder, and found them guilty of manslaughter. Sentence - Kingsmill, Harvey and Bolton, to be transported for life; Walpole and Hinks to be transported for fourteen years; Owens to be transported for seven years. Drogheda Journal, 31 Mar 1824. GOVERNMENT NOTICE, COLONIAL SECRETARY'S OFFICE, SEPT. 16th, 1828. THE Right Honorable the SECRETARY of STATE for the Colonies has signified to His EXCELLENCY the GOVERNOR, in his Despatch, No. 21 dated 27th April, 1828, His MAJESTY'S gracious Approbation and Allowance of the CONDITIONAL PARDONS, respectively dated 26th October, 1827, and granted to the undermentioned Individuals, who arrived by the Ship Asia (4), viz: JOHN KINGSMILL ; GEORGE WALPOLE; JOHN OWENS; JAMES HINKS; and ROBERT HARVEY. By Command of His Excellency the Governor, ALEXANDER McLEAY. Sydney Gazette, 19 Sept 1828

62

Keith South on 31st December 2014

James was assigned to government service as a constable st the Carter Barracks which was situated where the current Central Railway Station is now. When James died he was buried in the adjoining cemetery. James and Jane's remains and headstones were later moved to Bunnerong Cemetery, now part of Eastern Suburbs Pioneers Memorial Park.

62

Keith South on 21st December 2014

James Hincks and Jane White had four children. Anastasia b. 18/04/1814, John b.30/10/1816, Mark b.6/1/1819, Ann Mary b.20/5/1821. Anastasia m. Henry McCurley in 1840 John m. Christina (Coughlin) Coghlan in 1848 Mark m. Ann Mossman in 1846 Ann m. John Williams in 1844

221

D Wong on 25th March 2014

James Hincks, (his name he was transported under) was transported with John Kingsmill, Robert Bolton, Robert Harvey, George Walpole, and John Owen, when they were indicted for the Wilful Murder of Richard McDaniel on the 12th day of August last (1823). The hearing was held before Judge Moore at the Marysborough Queens County Assizes on March 25th 1824. 16/2/1813: James married Jane White (1793-4/8/1827). Jane and children, Mark 7, John 9 and Anastasia 11 (known as Ann) arrived on the 'Thames' on 12/4/1826 from Cork. They lived at Templemore, County Tipperary. After Jane died, the boys, Mark and John were put in the orphanage school in 1828 and on 15/2/1831, James petitioned to have them returned to his custody. All of the above men were assigned to government service on arrival. 26/10/1827: CP James was 30 years old when convicted, his parents were John and Anastasia. Jane was buried at St. James Church, Sydney. Daughter Ann (Anastasia) born 18/4/1814 in Templemore, County Tipperary, Ireland Died: 12/6/1902 in Ballalaba, NSW Burial: Braidwood Cemetery, NSW Married William Henry "Henry" MCCURLEY b: 1807 in County Antrim, Northern Ireland Married: 25 Dec 1840 in Braidwood, NSW and they had 8 children. 3/10/1837: James died at Domain Cottage.