William Morton

Level 218

Dianne Jones on 25th November 2023

NOTE: Richard Fitzgerald's bio can be found at https://convictrecords.com.au/convicts/fitzgerald/richard/149851

Level 218

Dianne Jones on 25th November 2023

NOTE: Year of Birth is taken from official records but day and month are not known. The latter dates have been entered as 01/01 because the site does not allow those fields to be left empty. --00--

Level 218

Dianne Jones on 25th November 2023

EXECUTION OF WILLIAM MORTON: From The Perth Gazette and Independent Journal of Politics and News, 11 July, 1856, p2: “THE convict Morton was executed at the New Gaol yesterday morning, affirming on the scaffold that he was not the murderer of FitzGerald; he had previously stated that the whole of his defence was a fiction, and that he had no other motive for accusing Johnston, Whittle, and Bolger, than to obtain the reward offered by the Government. Notwithstanding Morton's assertion on the scaffold we believe no one can peruse the report of his trial, which we give in full this week, without coming to the same conclusion as the Jury, that he was the murderer. At the execution but few persons assembled, scarcely fifty, attributable no doubt in some measure to the absence of the procession which on former occasions took place between the Lock-up and scaffold.” (https://trove.nla.gov.au/newspaper/article/3177150) --00--

Level 218

Dianne Jones on 25th November 2023

The Murder at York/3 “At the conclusion of the case for the Crown, the prisoner addressed the jury and made the following revolting statement as to the murder: I saw Johnson and Whittle and FitzGerald on Easter Sunday night about 10 o'clock: when they got between Craig's public house and the jail... Johnson and Whittle then went down towards the pool with FitzGerald between them; FitzGerald was completely intoxicated and asked them where they were going to take him; they both answered at once we are going to take you home; I stepped up to Johnson and asked him how this money was to be got; he said ‘I'll bloody quick show you.' As they got near the pool opposite Sergeant Bailey's house, I saw Michael Bolger standing nearly opposite the minister's house pointing with his stick to the ground; he gave Johnson and Whittle the office by giving them a cough to go that way; Whittle and Johnson went on with FitzGerald to within a yard of the spot Bolger pointed to; Johnson and Whittle went on to the spot and made a halt; Johnson got behind FitzGerald and put his arms round his throat as if choking him; Bolger threw down his stick and tried to wrench a bundle out of FitzGerald's hand; Bolger said ‘Let go or I'll shove your bloody head off’ and made another violent wrench and wrung the bundle out of FitzGerald's hand; as Bolger was running away to plant the bundle, Johnson told him to give me a bloody hot one because I would not come up to assist them; Whittle was picking FitzGerald's pockets and saw him pull out some half-pence and silver; Johnson called out and said to me you bloody coward come and hold his arms; Bolger ran up and held FitzGerald's arms one across the other; Johnson then put his left hand into FitzGerald's left hand trowsers pocket and drew out some papers and money; Bolger said have you got it all; Johnson said yes, he has only a piece of string left in his pocket; Bolger then struck FitzGerald three or four heavy blows on the face and head, and Whittle repeated the same; Johnson also struck FitzGerald; Whittle picked up the stick Bolger had thrown down and hit FitsGerald over his left eye and knocked it out; Whittle then pulled a knife out of his pocket and said let us cut the b---r's throat; Johnson said no we'll settle him otherwise without that; when I saw what they were doing I could not go up to assist him; Johnson got FitzGerald across his left hip, and Whittle assisting him, they threw him violently down the bank into the water, some part of the poor fellows body lodged in the limbs of some of the trees that hung over the water; Johnson and Whittle lugged him out from among the limbs and thrust him into deep water; as they were coming up the bank from the river Johnson and Whittle both said to me ‘You b---r if ever you crack a word about that job we'll murder you’... the three then ran away in different directions. The prisoner concluded his statement with assertions of his good will towards the deceased, who he hoped was now blessed in heaven! The Advocate General shortly replied commenting on the hypocrisy of the prisoner, who after acknowledging he had coolly stood by while the murder was being committed, without offering the slightest assistance to the deceased, now came forward with profession of good-will towards him and hopes as to his happiness in another world. His Honor having summed up the Jury retired for a short time and returned with a verdict of Guilty; the usual questions as to why sentence should not be pronounced upon him having been put, he reiterated his assertions of innocence, and sentence of DEATH was then passed. Morton is a well-built active man with a cast of countenance not forbidding, but of a decidedly maniacal appearance. He was formerly, we believe in the 21st regiment and was sentenced to transportation for desertion. The other men Johnston and Whittle who had been also committed for the murder were discharged in the morning, no indictment having been preferred against them.” (https://trove.nla.gov.au/newspaper/article/3177140/721170) --00--

Level 218

Dianne Jones on 25th November 2023

The Murder at York/2 “One of the witnesses, a most respectable and independent free settler, of the name of Bagshawe, has a T.L. [Ticket of Leave] servant named Martin Stone. Bagshawe, who does not appear either very intimate with Morton or very desirous of his confidence, will tell you that Stone was going to Guildford, and that Morton proposed to accompany him. That they did go, and that Stone on his return, made a clear report to him (Bagshawe) of all that Morton had told him (Stone). To Bagshawe Morton had said ‘I am the last person that saw FitzGerald alive.’ Stone's Evidence, I am about to lay before you and Stone's Evidence is deserving, or rather a provocative, of your serious attention, and your most critical comments. In the first place, who is Martin Stone? Why, he is a servant to Bagshawe, who has a good opinion of him, he did go with prisoner to Guildford, he is somewhat corroborated by Bagshawe. He speaks of Morton ‘burning a blue cotton handkerchief with white spots, because it was stained with blood’, now, how could he know what FitzGerald had bought at Monger's ? He comes pretty fair into Court. Let us survey and analyse his Evidence. This tale is not what one would expect I am well aware, and the least observer must have read and heard of the singular restlessness of a murderer, of his feverish anxiety to learn the extent of his neighbour’s knowledge, and his longing to have a confidant, and, perhaps so far as this goes strong evidence of Morton's walking about up and down the spot in the pool where the body was found, may tally with part of Stone's tale. But, there seems a wild particularity— a curiously minute garrulity-a prodigality of self-abandonment, in the confession that arrests attention. Has Stone the genius to invent it? If so—he might-he would assuredly to my eye, betray himself by his disclosure of the leading principle on which Morton is supposed to act. Does he do so? No such thing. If you would account for it you must think and search for yourselves. Stone does not—cannot account for the facts he swears to—and it is well far him he does not. If he did I should suspect him...” The trial occupied the Court yesterday from one until seven o'clock p.m., the prisoner taking up a great portion of the time in cross-examination of the witnesses upon matters bearing but little upon the trial. Contd/...3

Level 218

Dianne Jones on 25th November 2023

MURDER TRIAL: From the Perth Gazette and Independent Journal of Politics and News, 4 July, 1856, p3: “The Murder at York: William Morton, c.p. [conditional pardon], charged with the wilful murder of Richard Fitzgerald, at York. The prisoner was undefended. The Advocate General opened the ease on the part of the Crown in an address of considerable length which, as our space will not allow of our giving this week the evidence at full length, we insert the leading remarks, forming an outline of the evidence afterwards adduced. The learned gentleman said: There is little attractive in this case, but little to amuse the idle or the young, or to interest the sympathy of the public. Nothing that can stimulate languor by excitement, or borrow from novelty a charm. Certainly nothing that can startle you, or create any struggle between feeling and duty. A poor vagabond ticket-of-leave holder whose only home was the loft, shed, barn, or pit nearest to the pothouse of the moment—when cleared of its last lingerer—with no one, therefore, to miss him at the hour of repose, and no one to mourn over his pauper's grave, had he died a natural death —is found murdered at York, and his mangled and disfigured remains thrown into the pool. Such his death. His life a fitful skirmish of alternations of precarious labour, and the debauch of the grogshop, where, it is needless to say, he found friends so long as his money lasted. It is a dull, common place Murder whoever did it. Unrelieved by a single incident of wonder, of character, or of solemn mediation, which the Poet might dwell upon or the Novelist adopt, on which the moralist might pause. Unless, indeed, that it adds another to the many similar instances of the working of that Power that claims her moment even in the most hardened bosoms, viz.,—Conscience. Oh! who can doubt an overruling Providence, that reads or witnesses the impulse of a Murderer to tell spontaneously his own tale of blood. In Passion Week, the deceased Richard FitzGerald arrived at York, apparently in the receipt of some cash—it is thought between £23. With some forethought, he appears to have preceded his self surrender to the grogshop by a purchase from Mr Monger of some articles of clothing—one a BLUE cotton handkerchief with WHITE spots. These he ties in a bundle, repairs to Tregoning's and leaves it there until his departure. During Thursday, Friday, and Saturday he enjoys himself as is his wont, and some persons, of course, drink with him. But I do not discern anything extraordinary in that, and do not choose to put any persons into jeopardy for this Murder, save the Prisoner Morton. Morton was, by his own confession, ‘the last person who saw FitzGerald alive.’ Let them however bear in mind that an Eye is on them, a Shadow tracks their path, all Nature is conspiring to detect and to betray them, and that, if guilty, be they who and where they may, will one day be released from the Hell in which they hence forth live, by the welcome grasp of the Hangman. The Murderer has no past, and no repose no hope, no trust, and the trial of this day proves, HE SEEKS IN VAIN A FRIEND. On Saturday FitzGerald takes his bundle and leaves Tregoning's to repair to some new employer. Uumissed, unheeded, he goes no one knows whither, and no one cares to enquire. On Thursday in Easter Week, the 27th March, Morton is seated at his dinner at Tregoning's. News is brought in that ‘a Body has just been found in the Pool’. What, think you, would be the probable conduct of an innocent man? Various answers may be given, as minds are variously constituted. Prisoner's conduct was this. He starts, drops the untasted morsel, quits his seat, makes for the back door, hurriedly opens it, and, darting across the fields towards the pool, which cannot be seen from Tregoning's (!), arrives—by Instinct, by Chance, or—by MIRACLE, at the exact spot. He there holds a conversation with Bailey, which that officer will narrate. He recognises the body as that of FitzGerald. In a subsequent part of this narrative you will find him accounting to a man who knew not the transaction, accounting for his sudden departure from Tregoning's ‘I wished to scamper out my Tracks, that Bailey might not see them’ are his words. His conduct at the Pool will be detailed to you by Bailey. Contd/...2

Level 218

Dianne Jones on 25th November 2023

THE MURDER: From the Inquirer and Commercial News, 16 April, 1856, p2, Advertising: "MURDER!! £50 REWARD. WHEREAS on or about Easter sunday last a murder was committed on the body of Richard Fitzgerald, T L, at York. This is to give notice that the above Reward will be paid to any person who shall give such information as shall lead to the conviction of the Murderer or Murderers. A Free pardon will be granted to any accomplice not being the actual perpetrator. F. P. BARLEE, Colonial Secretary. Colonial Secretary's Office, Perth, April 16, 1856." (https://trove.nla.gov.au/newspaper/article/66005207) --00--

Level 218

Dianne Jones on 25th November 2023

OTHER: Birth: 1828 Death: 10 July 1856 at Perth Gaol, Perth, Western Australia; hanged for murder of R Fitzgerald Burial: Circa 11 July 1856 at East Perth Cemetery, East Perth, Western Australia Convicted: Desertion (court martial) and sentenced to 10 years on 24 July 1849 at Kingston, Ontario, Canada. He had been convicted previously. Transported: To WA on the Sea Park arriving at Fremantle, Western Australia, on 5 April 1854. He had been collected from Dartmoor prison. Ticket of Leave: Granted on 5 April 1854 at Western Australia Occupation: Farm labourer; soldier Family Status: Unmarried Convict No.: 2902 Conditional Pardon: Granted on 24 November 1855 at Western Australia (https://waconvicts.fhwa.org.au/g0/p117.htm#i2902). --0-- https://waconvicts.fhwa.org.au/g0/p117.htm#i2902

Level 218

Dianne Jones on 25th November 2023

FREMANTLE JAIL RECORD: MORTON, William; inmate #2902, arrived 5 May 1854 per Sea Park Date of Birth: 1828 Date of Death: 10 Jul 1856 Place of Death: York, hanged for murder of R [Richard] FITZGERALD Marital Status: Unmarried Occupation: Farm labourer, soldier Sentence Date: 24 Jul 1849 Sentence Place: Kingston, Ontario, Canada Sentence Period: 10 years Ticket of Leave Date: 5 Apr 1854 Conditional Pardon Date: 24 Nov 1855 (https://fremantleprison.com.au/history-heritage/research/convict-database/) --0--