William Leary

116

Tony Beale on 20th October 2020

The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) Sat 24 Aug 1833 Page 3 Supreme Court. Before Mr. Justice DOWLING) Andrew Cowan was indicted for the willful murder of William Cavenagh, alias William Leary, at Holdsworthy, near Liverpool, on the 30th May last, by shooting him with a gun loaded with powder and ball, and inflicting a wound on the belly, it hereof he died. A second count changed the prisoner with the wilful murder of some person to His Majesty's Attorney General unknown in manner aforesaid. James Smith, assigned to Andrew Cowan -I live 6 miles from Liverpool ; I knew a man named Kerr, a millwright ; he worked for the prisoner, and occupied a hut about 100 yards from the prisoner's ; the deceased Cavenagh, a shoemaker, lived with Kerr ; he was with him before I came ; I have been in the country about seven months ; I was assigned from the ship to Cowan ; the shoemaker is dead ; I saw him dead about 40 yards from master's but, on the ground ; I saw the prisoner shoot him with a double barrelled gun ; I was close to my master at the time ; my master was wounded in the arm at the time ; he said the deceased wounded him ; I did not see him do so ; he was coming to prisoner's hut from Kerr's ; I did not hear any conversation between them ; it was about 70 yards from Kerr's ; when I went to him he had the leg of a stool and a shoemaker's last with him ; deceased was about 40 yards from prisoner when he shot him; when the deceased was shot it was quite dark ; I was quite sober ; when I left Kerr's hut, the deceased was there ; about half an hour after the first shot I heard another; I heard the first when I was in the hut; the deceased was at the prisoner's hut when I heard the first shot ; I had seen the deceased a quarter of an hour before he went from Kerr's to the prisoner's hut to get his supper; we had our suppers together along with Cowan, the prisoner was in bed while we were having our suppers ; it was in the same apartment ; I heard no words then, all was very quiet; I was about 10 minutes at supper; I then left to go to Kerr's, taking another man his supper, leaving the deceased in prisoner's bed ; in a quarter of an hour after leaving prisoner's hut, I heard the first shot go off; I was coming out of Kerr's hut and the, deceased collared me; he had the leg of a stool in his band, he told me to stand; the other man, George Griffin, who was in the hut ran away; the deceased then dragged Kerr out of bed, saying he had betrayed him; he told Kerr that he would be revenged of him before he left the hut; in five minutes after the deceased hearing somebody coming went out ; I then went out and saw him go about 20 yards down the walk towards master's house ; I then went in said to Kerr, for God's sake leave the hut ; I then made the best of my way to my master, who told me he had been shot by the shoemaker, William : he asked me why I did not go to his assistance whan I heard the first shot ; I told him I could not come at that time; he showed me a wound in his arm ; he asked me if I could use a gun ; I told him I could not ; the deceased was coming up to master's house, and said he had spared my master's life for the sake of his wife and family, and revenge he would have before he left; I was close to deceased when he said this ; it was quite dark, and I could not see what the prisoner had in his hand ; master said you stand at my back, if my piece misses fire I am ruined ; the deceased was coming up when my master shot him ; it was about 20 yards from my master's house ; the deceased in coming up said revenge he would have ;my master levelled his piece and shot him ; I saw Kerr's body at the Liverpool hospital ; when my master asked me if I could fire a gun, he had nothing in his hand at that time ; the gun I believe belonged to the prisoner ; no gun was kept at Kerr's; the deceased was about 40 yards from master's house when the prisoner fired ; the prisoner stood near a fence and levelled his musket; after the prisoner fired, he desired me to go down and see if deceased was shot ; I saw the blood running out on each side of him, and I came back and told the prisoner he was shot ; deceased had on white trowsers which made me perceive the blood ; the ball appeared to have gone through him ; the prisoner told me to go to Liverpool and report it at the hospital ; I went with another prisoner ; we saw Mr. Robertson, the doctor, who came and examined the deceased ; I did not see Campbell ; the deceased was alive when I went to Liverpool ; the deceased said it was all over with him; he was dead when the doctor came ;when I came hack there was a quantity of blood for 5 or 6 yards round the deceased ; I did not see the body at the inquest; the constables took the body away from my master's ; the inquest was held the second day after the deceased was shot. Cross-examined by Mr. ROWE- I did not hear any screams after the first report; when I was coming down to the prisoner's hut I heard Mrs. Cowan scream ; the deceased said Robert Kerr had betrayed him ; the deceased threatened Kerr's life and also mine ; he had Kerr on the floor, and said he would settle him before he left the hut ; he had the leg of a stool in his hand during this time ; it is my belief that the deceased would have done for Kerr had he not escaped, and me also; Kerr was working for my master at this time; I went to my master's house for protection ; I found him wounded in the side; I saw both wounds that night; there were eight or nine holes in his loins, and twice as many more in his arm ; I think the shot was slugs ; his arm was very bad, and he asked me to assist him ; he said he was very weak from the loss of blood ; I reported at my master's hut what the deceased had tried to do to Kerr and myself; I heard the deceased coming to my master's hut; I told my master that the deceased was armed with the leg of a stool; the deceased said he would have revenge ; I told my master he was coming; the leg of the stool was the same he threatened Kerr and me with; I had been there about ten weeks at this time. By the Court-The deceased was much enraged ; my master was very much frightened ; my master said deceased had shot him ; Mrs Cowan told me her husband was shot, and asked me why I did not come to his assistance ; there were 3 children of the prisoner's in the hut ; the prisoner kept a gun ; it was generally loaded ; his bed is in one corner; Anybody could have snatched the prisoner's gun as it generally hung up near the door ; the prisoner had used deceased kindly ; they were always the best of friends ; we had our suppers quite comfortably the prisoner being in bed ; it was about a quarter of an hour after I left the prisoner's hut, that I heard the first gun fired ; I heard screaming, and went back and my master told me he had been shot by the deceased. Thomas Webber-I am a constable at Liverpool, I heard of deceased's death from the chief constable ; I was sent for by him to fetch the body, and I brought it away ; I never saw the deceased to my knowledge ; I got there on the Saturday about 10 o'clock in the forenoon and found Cowan ; I heard from prisoner that the deceased was a native, and that his name was Cavenagh, and that he was a shoemaker by trade ; I found the body in the pathway about 40 yards from Cowan's hut; the body was lying on its face with the head lying on the arms ; I remember a shot wound which appeared to have gone through the body ; I thought this wound was the cause of his death ; there was a quantity of blood round where the body lay ; John Campbell pointed out tbe body to me ; the prisoner was in bed ; I told him what I came for; he stated that the deceased had wounded him in the arm, and that he had shot him after ; the prisoner was not taken up for two or three months after, and then only on account of some other transactions ; I took the body to Liverpool, and left it at the hospital. Cross-examined by Mr. HOWE-The prisoner complained of his arm, he did not complain of his side. Kinnear Robertson- I am Assistant Surgeon at the Liverpool hospital ; I saw the body of a man who was called Cavenagh in the hospital ; I had seen him before at Cowan's ; I had heard of the deceased being wounded ; he was dead when I arrived ; it was about 11 o'clock in the morning; He died of a gun shot wound through the body. Cross-examined by Mr. ROWE--I saw Cowan that morning ; he had a gun shot wound in the right arm ; the wound in the loins appeared to be from the same shot; it would have been more serious had it been higher. This was the case for the prosecution. For the defence, Mr. ROWE called: John Horsley- I am Coroner for the district of Liverpool ; I held an inquest on the body of the deceased ; a man of the name of Kerr deposed before me, his deposition was read over to him, and sworn before me. Mr. ROWE insisted in the result of the Coroner's Inquest being read. The Solicitor General objected to the verdict being read, which was overruled by the Court, and Mr. Howe called for the evidence of Kerr before the Coroner to be read, which was to the following effect ; " that being engaged by Cowan to build a mill for him, he employed the deceased to assist him, and took him to Cowan's place ; some short time afterwards, Cowan's brother paid him a visit, and informed him (Kerr) that the person he had engaged, meaning Cavenagh, was a runaway, and that if he kept him in his employment, serious consequences might accrue, both to him and Cowan ; Kerr informed Cowan of this on the 22d May, who sent Campbell to state the circumstance to the Bench at Liverpool ; on the 30th May, Kerr having retired to rest, about half past 8'clock the deceased came into his hut ; he had the leg of a stool with him ; deceased came to the bed and pulled him out of it, using threatening language ; deceased then left the hut going in the direction of Cowan's ; from the threats of the deceased deponent went into the bush ; had not been long there when he heard the report of a musket ; he went in the direction of Cowan's, and found the deceased lying in a pathway quite dead ; on going into Cowan's house, found he had been wounded in the arm, and it was bleeding profusely ; Cowan's wife said that deceased had wounded her husband, and that he had shot deceased himself. This closed the case for the defence. HIS Honor summed up the evidence at length, when the jury retired for about five minutes, and returned a verdict of not guilty. Andrew Cowan and John Campbell were then placed at the bar on a charge of cattle-stealing, they were both found guilty, and sentenced to be transported for their natural lives

116

Tony Beale on 20th October 2020

From Co Tipperary Ireland 5' 5 1/2" florid complexion brown hair and hazel eyes New South Wales, Australia, Colonial Secretary's Papers, 1822-24 15/2/1822 Assigned to Denis Stacey 2/11/1824 Charged along with William Jones - Mangles with rioting on the road. Williem Leary received 25 lashes. Attached to Orphan School Clearing Gang. On return of proceedings of the Bench of Magistrates, Parramatta. Note THERE IS ANOTHER WILLIAM LEARY ON THE FIRST LORD SIDMOUTH New South Wales, Census and Population Books, 1811-1825 for Wm Leary 1825 still a convict and assigned to the Rooty Hill Establishment New South Wales, Australia, Certificates of Freedom 27/7/1826 no 121/5509 New South Wales, Australia, Certificates of Freedom, 18/2/1831 cert no 31/92