John Perry

341

Maureen Withey on 3rd August 2022

Part of a very long account of the trial, as reported in the Sydney Gazette, 12 December 1833. https://trove.nla.gov.au/newspaper/article/2214954?searchTerm=Poole Supreme Court TUESDAY. DECEMBER 10. (Before the Chief Justice and a Military Jury.) Anthony Hitchcock alias Hay and John Poole, were indicted for maliciously shooting at Mr. John Larnack at Castle Forbes, in the district of Patrick’s Plains, on the 5th November last, with intent to kill and murder him; and James Riley, John Perry, David Jones, and James Ryan for counselling, aiding, and abetting the said two first-named prisoners in the commission of the said felony. A second count charged the offence with having been committed with intent to do the said John Larnack some grievous bodily harm. The Solicitor General stated the case, and called John Larnack, who being duly sworn, said I reside at Castle Forbes, in the district of Patrick’s Plains, Hunter’s River ; it is the residence of Major Mudie; on the morning of the 5th November last I went to the river to superintend sheep-washing ; between 12 and 1 o’clock I heard a voice exclaiming come out of the water every b——y one of you, or we’ll blow your b——y brains out;” on looking behind, I saw three men advancing towards me with guns presented; some others were at a short distance, apparently with the intention of intercepting me, should I escape from the other three; Hitchcock and Poole were two of the former number, and Hitchcock called out, that it was no use of thinking to make my escape, he would take good care I should never take another man to court; they were about ten or twelve yards off when this took place; there was a general call from the prisoners Hitchcock and Poole to the washers, to get out of the way, as I stood between them and the prisoners, fearing I suppose, that the shot from the latter, would be likely to take effect upon the former ; I jumped into the river among the washers, and told them to stand by me, as I was certain the prisoners would not fire for fear of hurting them; finding the prisoners still pursuing, I made the best of my way to the opposite side of the river; on turning my head round, I saw Hitchcock levelling his piece at me, and soon after I heard a shot fired, and on again looking round, I perceived Hitchcock to be enveloped in smoke; I have not the least doubt that it was the prisoner Hitchcock who fired at me; he called out, to the washers, saying “why did you not get out of my way, I would have shot him.” There was a general cry among the party coming down to me, of “shoot the b—-r;” Poole called out, “fire again,” I’ll take care you shall never get another man flogged, and immediately a second shot was fired; I was just then getting out of the water, on the opposite side of the river; I could not perceive who fired the second time; Hitchcock and Poole, now cried out, fire again let’s settle him, he’s almost finished ; a third shot was fired as I was getting up the bank on the opposite side ; ? voice now called out, ” fire again, let’s follow him ; an answer was made, no take care of your ammunition, he’s almost finished ; I heard the voices of Riley, Perry, and Ryan, and saw the last named prisoner who called out ” settle him.” .... On being called on for their defence, The prisoner Hitchcock first addressed the court ; he said, the evidence of the witness Spark was utterly false ; the treatment he had received at Castle Forbes was harsh in the extreme ; he had been several years in the colony, and while in the employment of the Crown, had been so fortunate as to gain the esteem of his superiors, by whom he was placed in a situation of trust, and responsibility ; he had been employed in, and had charge of the Post-office in Newcastle ; for a knowledge of his general character there, he would call upon a gentleman in court, whose testimony he was sure was proudly above comparison with any of the witnesses who had sworn against him. The gentleman alluded to, Ensign Zouch, one of the Jury was here sworn, and stated that he had known Hitchcock for about six months, when at Newcastle Post-office ; from his situation of his quarters there, which were immediately over the prisoner’s, he was enabled to state for him, that he was a quiet, and well behaved trustworthy man, and one not likely to be guilty of such an outrage, as that for which, he was now on his trial. Hitchcock went on to state, that it was to the unfortunate circumstance of his being assigned to the service of Major Mudie, he attributed all his subsequent misfortune, and present unhappiness ; the possession of an exemplary character before he went to Major Mudie ; he had since been repeatedly flogged, by which, and by the unwholesome food he had subsisted on, his health had been ruined, and life itself, rendered burdensome ; he had been sentenced to an iron gang for an offence of which he knew nothing. The witnesses who swore against him made their depositions before the Magistrates in private. No confronting with the accused was permitted, nor was any defence called for. Whatever punishment was threatened by the master to his servant was always sure to be inflicted by the Bench, and this was the way in which justice was administered on the Hunter. If they refused to labour on a Sunday, flogging was threatened, and as surely given. Servants who had for months been due for tickets of leave had been refused their indulgence, and, if at all importunate, a flogging bestowed rendered future application unnecessary. If the Court would but look at their bare backs, it would see their statement was not exaggerated. ... The other prisoners severally concurred in the sentiments expressed by the two first named prisoners. ... All were found guilty, and sentenced to death, apart from Jones. ————————————————————————— The two principals in the late outrages at Hunter’s River, Hitchcock and Poole, were forwarded to Maitland, by the steamer Sophia Jane, on Thursday evening, to suffer the extreme penalty, of the law this morning, at the scene of their depredations. The same awful result awaits three of the other prisoners, at the usual place of execution in Sydney, this morning, viz -.-Riley, Perry, and Ryan. With regard to the last named prisoner, we think that the Executive Government would do well to interpose the Royal clemency in his behalf and spare a human life, which we think is not imperatively celled on to be offered up at the shrine of justice Lot it be remembered that this prisoner is a mere boy, some sixteen or seventeen years of age; and, although we would not place implicit credit on the statements made by some of the other Prisoners when receiving sentence, yet we would urge the extreme probability that tho lad was in a great degree incited to join his associates, by the inducements their greater experience in crime enabled them lo lay before him. We hope, therefore, that his case may be considered a fit one for the exercise of mercy. Sydney Gazette, 21 Dec 1833. -------------------------------------------------- EXECUTION. — On Saturday morning the extreme punishment of the law was carried into effect, at the usual place of execution, on ... and James Riley, John Perry, and James Ryan, whose share in the recent transactions at Hunter's River are yet fresh in the recollections of our readers. Perry, who was a Protestant, was attended by the Rev. Messrs. Cowper and Orton; he prayed fervently, and appeared to feel all the horror natural to one in his appalling situation, The other prisoners being of the Roman Catholic persuasion, were assisted in their religious devotions by the Rev J. J. Therry. They evinced considerable firmness, but conducted themselves in a manner becoming to the solemn occasion. After the Sheriff had read the death warrants, and the usual time for prayer had elapsed, the criminals ascended the scaffold, ... The preparations being completed, the fatal bolt was withdrawn — the drop fell — and the mortal career of the unhappy men was for ever closed. Perry seemed to die instantly ; the bodies of the others were strongly convulsed for several minutes. It seemed to be the prevailing opinion that the life of the boy Ryan would have been spared, and we regret exceedingly that public expectation, in this respect, has been disappointed. Sydney Gazette, 24 Dec 1833. ————————————————————————— This trial led to an Enquiry being ordered by the Governor and a Commission of Enquiry into the treatment of assigned Government servants by Major Mudie and his overseer, John Larnach, which took place at the end of December 1833. Full coverage of the subsequent enquiry and witness statements from some of the assigned convicts can be found on TROVE.

341

Maureen Withey on 3rd August 2022

COLONIAL SECRETARY’S OFFICE, SYDNEY, 12th NOVEMBER, 1833. SEVENTY POUNDS REWARD. WHEREAS it has been represented to the Government, that on the 5th Instant, Six Prisoners of the Crown, assigned to Messrs. MUDIE and LARNACH of Hunter’s River, together with another Individual at present unknown, after robbing Mr. MUDIE’S House and committing various outrages on his Farm, took to the Bush, and, it is supposed, intend making for Sydney, conceiving that they would escape detection by being dressed in the Clothes taken from Mr. MUDIE, and having with them Provisions, and the following Property, viz. :— 3 Horses, one a bay Horse, with short tail, and another a jet black Mare, about 4 years old, short tail, star in face, and branded L on off shoulder. A quantity of Wearing Apparel ; consisting of black and blue cloth coats and trowsers, white shirts and white trowsers, and coloured waist-coats. A quantity of Plate ; consisting of table and tea spoons, and forks ; some of which are crested with an arm in armour, grasping a scimeter. One double barrelled gun. One single ditto, percussion lock, marked J. J. One ditto fowling-piece, ditto. One new musket. One old musket. Two large pistols, and a tomahawk constructed with a knife and saw. Notice is hereby given, that a Reward of Ten Pounds will be paid for each of the Offenders who may be apprehended and lodged in any of His Majesty’s Jails. NAMES, DESCRIPTION, &c. OF THE MEN. ANTHONY HITCHCOCK, alias HATH, Lord Melville, 41 years of age, a native of Essex, a Fisherman and Bricklayer, 5 feet 6½ inches in height, ruddy fair complexion, light brown hair, grey eyes, slight scar on left cheek, large scar back of right leg ; and was dressed, when last seen, in a blue cloth coat, with long tails, white duck trowsers, white shirt, white waistcoat, and straw hat. JOHN POOLE, Claudine, 22, Dublin, Joiner, 5 feet 5½ inches, ruddy freckled complexion, dark brown hair, blue eyes, fish on left arm, circular mark and sun on back of hand, small scar under left eyebrow, J. P. upper part of right arm ; wore white duck trowsers, and has been lately punished. JAMES REILLY, Bussorah Merchant, 25, Dublin, Carter and Labourer, 5 feet 2½ inches, ruddy fair freckled complexion, brown hair, grey eyes ; and wore a white shirt, duck trowsers, white jacket, and straw hat. DAVID JONES, Guildford, 24, Drogheda, Butcher, 5 feet 4 inches, ruddy freckled complexion, brown hair, light brown eyes, large scar between eyes, scar on left eyebrow, large scar outside upper part of left arm ; and was dressed in white shirt, white trowsers, duck frock, and straw hat. JOHN PERRY, Asia (9), 24, Essex, Farm Labourer, 5 feet 3¾ inches, ruddy complexion, light brown hair, light brown eyes ; and had on a white shirt, duck trowsers, duck jacket, and straw hat. JAMES RYAN, Eliza (6), 17 County Tipperary, Shoemaker’s Apprentice, 5 feet ¼ inch, fair freckled complexion, brown hair, grey eyes ; wart on back of right thumb, and another on back of left hand. The Individual not known is a fresh good-looking man ; stands about 5 feet 9 inches high ; and was dressed in a blue cloth jacket, yellow buttons, and fustian trowsers. By His Excellency’s Command. ALEXANDER M‘LEAY. NSW Govt Gazette, 13 Nov 1833. --------------------------------------------------

1

Lance Lloyd on 29th April 2012

Hanged as result of Revolt at "Castle Forbes."