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The
Chronology of the Convict Francis Fitzmaurice by Peter Richardson 1834 Convicted at Antrim for stealing clothes. Seven years transportation.
Age 20? Native place Dublin. One hulk report records his offence as "breaking
into a gaol". 1835 Arrived Sydney October 25 1836 March 14, 10 days in irons, absent and stealing. July
22, 50 lashes, neglect of work. 1837 March 20, 50 lashes, insolence. July 29, 36 lashes, absent
from work. September 7, 12 months in irons, robbery. 1838 May 19, 36 lashes, insolence. July 7, 50 lashes. December
13, 50 lashes, absent from gang. 1839 July 8, 3 days in cells, absent from gang. 1841 December 14, 40 days, hard labour. 1842 May 23, 2 years in irons, stealing in a dwelling house. 1843 June 2, Bushranging (out 10 months), having firearms in possession,
sentenced to Life, to VDL. 1844 February 16, 5 days solitary confinement, insolence. March
20 escaped from Port Arthur. [See details below]. 1845 January 20, mutinous conduct on board the brig Governor Phillip,
committed for trial in Norfolk Island Supreme Court. June 2, piratical
attempt to seize Governor Phillip, transported for life, sentence extended
four years on Norfolk Island. 1846 April 8, aiding in an assault on a fellow prisoner, 9 months
hard labour in chains. [Cooking Pot Riot took place on July 1, 1846. His
nemesis Price took charge of the settlement August 4, 1846]. 1847 May 31, having tobacco, 14 days in chains. July 6, Insolence,
7 days hard labour in chains. September 13, misconduct, 14 days in chains,
having tobacco, hard labour in chains extended one month. 1848 January 5, disorderly in ranks, 14 days in chains. 1851 January 14, arrived back in Hobart. December 10, 3 years
remission of sentence for good conduct at a fire. 1852 Birth of eldest son John 1853 November 15, ticket of leave. 1854 May 30, permission to marry. 1855 At Clarendon (Evandale) working as a gardener. April 5, One
month's imprisonment for misconduct in representing himself as free (see
below) 1856 January 1, Conditional Pardon. 1866 December 10, sentenced to 18 months imprisonment for larceny. 1875 February 25, Fined £1, 9/6 costs for common assault at Deloraine, 14 days imprisonment in default, fine paid. 1883 June 10, Died of exposure to the elements near Deloraine. Newspaper Reports from Tasmania Escaped 1842 Francis FITZMAURICE, per LADY McNaughton., and Sir John Byng, tried
at Antrim, 16th October 1834, 7 years, and Sydney Q.S., 12th June 1843,
life, carpenter, 5 feet 5½, complexion fair, hair brown to grey,
eyes hazel, age 28, native place Dublin, scar left side of forehead, scar
back of neck, scar inside left wrist, middle and forefingers left hand
contracted, scar on left shoulder within a circle of leaves, sailor with
a flag death's head and bones with sword crucifixion on same arm with
two figures in the attitude of prayer, large star right shoulder, the
tree of knowledge encircled with a serpent, a Knight Templar with ornamented
stars inside right arm, love and liberty Hibernia with a harp rose thistle
and shamrock love and unity and pretty girls &c. Erin-go-Bragh four
men fighting on pit of stomach. 2045 John SMITH, per Mangles, tried at Wilts. Q.S. 14th October 1834, 7 years, and Hobart Town Supreme Court, 16th July 1840, 15 years, Ploughman 5 feet 10½, complexion brown, hair black, eyes blue, age 30, native place Osborne, two blue marks inside right arm. Reward £2, or each lesser sum as may be determined upon by the convicting magistrate. 3254 John SMITH, per Susan and Mary Watson, tried at Central Criminal Court, 2nd March 1825, life and Circuit Court Berrima, 20th September 1842, life, 5 feet 3¼, complexion swarthy, hair brown, eyes hazel, age 27, woman CD on right arm, ring on ring finger, right hand, JS above elbow right arm, boy and woman CD on left arm. Reward £2, or each lesser sum as may be determined upon by the convicting magistrate. 1617 Thomas TOOKEY, per Bussorah Merchant and Sea Horse tried at Kent 27th March 1826, 7 years, and Melbourne Supreme Court, 15th September 1841, 15 years, blacksmith, age 32, complexion swarthy, hair dark brown, eyes dark brown, age 32, native place Newgate Street, London, scar on right eyebrow, mole on left side of neck, scar on upper part of neck from an instrument, five dots on left hand between thumb and finger, St on left arm, scar on left hand, man and woman inside right arm, impediment in speech. Reward £2, or each lesser sum as may be determined upon by the convicting magistrate. Hobart Town Courier, April 5, 1844 BUSHRANGERS. - When we noticed the capture of Jones the bushranger and his party by Constable Morgan a fortnight since, we were in hopes that we had done with bushranging for a time. It has, however, since turned out that, at the very period of the capture of Jones and his confederates, seven men were telegraphed as being absent from Port Arthur, and on the 25th ultimo, it was ascertained that they had succeeded in crossing the straits in a frail canvas canoe, and landed between East-bay Neck and Primrose Point, whither a party of constables had previously been ordered to proceed, upon the supposition that the absentees would make for that point. Information was received of their having, after their landing, proceeded to the house of Moses Roberts, at the Carlton, whom they found with two of his men at dinner. The bushrangers, who were then armed only with sticks and knives, desired them to keep their seats, saying they did not wish to hurt them; they, however, tied them, and coolly proceeded to help themselves to dinner, cast some balls of lead, and took two fowling pieces; they also stripped the party of their clothes, and, having desired them not to stir for the space of an hour, left the house. The same part are heard of again on the 28th ult. near Buckland, within two miles of which place they robbed the hut of a shepherd in the employ of Mr Orr, from whom they obtained a fowling-piece, some powder and ball, buck shot, tea, sugar, and a little flour. After this they robbed four huts the same evening at the Back River, but obtained only one single fowling-piece, with some clothing; and, being closely pursued by a body of the Hobart Town police, who were at their heels, they took to the Tiers, the rugged nature of which enabled them to escape immediate detection. On the Sunday following, (the 31st,) information was suddenly received of their appearance at the Eastern Marshes, where, at about 8 o'clock in the morning, Mr. G. A. Storey saw four or five men approaching the house with guns. One of the men pointed his gun and desired Mr Storey to stop where he was. He did so until desired to come into the kitchen, where he found all his men assembled and guarded by two armed men. Five others in the meantime were ransacking the place, and took away with them a fowling-piece, a brass-barrelled blunderbuss, two powder flasks, two shot belts, some tea, sugar and wearing apparel. They destroyed one fowling-piece and six muskets, and left without committing any other violence. In less than an hour after, a party of Hobart Town constables reached Mr. Storey's on their route, having been sent out by previous concert to assist the Police Magistrate at Oatlands in the capture of some absconders from that place. This party, aided by an experienced guide, immediately joined in the pursuit of the bushrangers who had visited Mr Storey's, and from all we can learn of the police arrangements of our zealous Chief Police Magistrate, we feel justified in predicting their speedy capture.
BUSHRANGERS. - In our last publication we traced the proceedings of the seven men who escaped from Port Arthur, on the 25th ultimo, to the robbery of Mr. Storey's house, at the Eastern Marshes, on Thursday, the 4th instant. The next thing we heard of them is, that five of their party appeared at the house of Mr. George Bisdee, residing about five miles from Bothwell, who they robbed to a considerable extent; some of the bushrangers ran after Mr. Bisdee, who was endeavouring to escape, and threatened to shoot him if he did not return. Information of this outrage having been communicated, as soon as possible, to the magistrate of Bothwell, that gentleman immediately formed four parties; one headed by himself; another by Mr. Scott of the 52st Regiment; a third by Mr. Reid, junior, of Ratho; and the fourth by the Police Clerk; the latter three gentlemen having volunteered their services. The search was continued by these four parties throughout the night. On Sunday last, the 7th int., these same five bushrangers were heard of at a hut of Mr. Harrison's three miles beyond Michael Howe's Marsh, and near to Lake Crescent, when they fell in with and detained a man in the service of Mr. Thomas Anstey; they also pressed a man belonging to Mr. McLanachan, whom they accidentally met near the Lakes to act as guide. Information of these circumstances having been promptly conveyed to the various Police parties in the neighbourhood they were all put in motion, and the bushrangers were tracked as far as Antill Ponds, and across the main road in a direct line for the Eastern Marshes. On Monday, about 3 o'clock in the afternoon, they robbed Mr. G. C. Clarke's house at Ellenthorpe Hall, where they destroyed a number of muskets and did other mischief. Captain Jones of the 96th having been made acquainted with this attack, detached a party of soldiers with a constable after them, and sent word to the neighbouring districts. Mr. Lascelles, with the blacks, supported by two parties of constables, one under Oldfield and the other under Edwards, succeeded in getting on their trail, and in the course of the night captured one of them, he having quarrelled with and parted company with the other four. Our latest account states that the pursuing parties were following the bushrangers up with the most sanguine hopes of success. We have already observed that five only of the seven men were out at the attack of Mr. G. Bisdee's house; the other two went to the house of Mr. Plastow, of the Cock-pit, near Bagdad, about 2 o'clock on Friday afternoon, the 5th instant. They, at first, represented themselves to be constables. One of them, however, walked into the kitchen and drove Mrs. Davis (Plastow's daughter) into the room where Plastow was. He then compelled Plastow, his daughter, a Mrs. Jacobson, and the servant, to go into the men's hut, where he guarded them while the other robbed the house of a carbine and musket, a silver watch, some clothing, provisions, tobacco, and 49s. in money. Before they left they broke their own arms to pieces - they confessed they were two of the seven men that escaped from Port Arthur. They did not use any violent threats, but desired Mr. Plastow to be quiet. We are happy to add that these two men have since been taken, and were marched into Hobart Town on Wednesday. The full particulars of their capture have not yet transpired; but we can state thus much, that they were secured on Monday evening last at the Bagdad Inn, kept by Mr. Wing, where, it is understood, they had the "cool impudence" to proceed a few hours after their robbery at Plastow's and ordered a supper. we hear that Mr. Palmer of the Swan Inn assisted very materially in taking these men. There are now three out of the seven who originally escaped from Port Arthur in custody.
About 11 o'clock a.m. on Monday last, the 8th inst., five armed men appeared in the yard of the premises of G. C. Clarke, Esq., of Ellenthorpe Hall, near Ross. Mr. C. was then about forty yards from the door of his house; his storekeeper, Mr. Webster, was about the same distance on the opposite side of the yard. Mr. W., hearing footsteps, walked into the middle of the yard, where he was ordered to stand. Mr. Clarke, hearing the word bushranger mentioned at this time, immediately ran to the house door, and when rushing in a shot came past his legs; he was met just inside the door by his housekeeper, and, with her assistance, was in the act of closing the door, when one of the bushrangers, presenting a pistol, thrust himself between the door and the jam post; another one appeared presenting fire-arms, and threatening if Mr. Clarke did not surrender they would blow his brains out. Mr. Clarke was then ordered to stand alongside three others with the old shepherd, tied together, Mr. C. refusing to be tied, the bushrangers had brought them into the yard; a guard of two and occasionally three were then placed over Mr. C. and the rest, while the other bushrangers ransacked the house, commencing by breaking several muskets, and collecting what things they intended to take with them. This occupied about two hours and a half; during this time they got into the cellar and brought out a bottle of brandy (one of three that were there, the other two were broken,) part of which they distributed among Mr. C.'s men; six bottles of port, sherry, and champagne were emptied; how many bottles they took with them is not known; they were then about an hour taking dinner, relieving each other. After this one went into the stable and saddled two horses, when they all prepared to start, taking with them a quantity of wearing apparel, three blunderbusses, one double-barrelled gun, one brace of pistols, shot belts, and powder flasks, and one telescope. A party of constables, with the blacks, arrived shortly after, and succeeded in capturing one of them the following morning with the horses. Nothing has been heard of the rest or their pursuers. - Communicated.
BUSHRANGERS. - Since our last account of the four Port Arthur men who attacked Mr. G.C. Clarke's house, at Ellenthorpe, we hear that one of their number has been captured by Mr. Barrow's overseer, at the Black Snake.
THE BUSHRANGERS. - Since our last week's report of the capture of one of the four Port Arthur bushrangers, the remaining three had been heard of in the neighbourhood of Marlborough. On Monday, the 15th instant, they entered a hut belonging to Mr. Bryson, in the day time, representing themselves, at first, as constables. One of the three had a pair of handcuffs. Two of them were armed with blunderbusses, independently of guns and pistols. Their behaviour on this occasion is described as having been "civil" but we are bound to add that they condescended to take away with them a damper, half a pound of tea, and two or three pounds of sugar. One of these ruffians was dressed in a blue jacket, drab trousers, and a hat, which has obtained the somewhat slang term of a "Jim Crow." The other two were enveloped in long brown top coats, which, it appears, they stated were stolen by them from Mr. G. C. Clarke, of Ellenthorpe Hall. They enquired of Mr. Bryson the best route to cross the Big Pine River, and finally left his hut at about 6 o'clock in the evening. The intelligence of the robbery at Mr. Bryson's hut did not reach Marlborough, although the distance is stated to be only sixteen miles, until Thursday the 18th; but the delay is accounted for by the circumstance of Mr. Bryson's want of horses, and the rivers in the neighbourhood being very much out, vast quantities of snow and rain having fallen during the three previous days. On Sunday, the 21st, the three bushrangers were again fallen in with by a party of four constables at Collas, near some plains distinguished by the unenviable title of "Skull-bone Plains." This recontre happened at about eleven o'clock in the day, and eight or nine shots were exchanged. One of the bushrangers is supposed to be wounded in the leg. The constables obtained possession of nine rounds of ball cartridge, a pair of handcuffs, a quart pot, and a belt. The bushrangers appear to have seen the constables first, and so far had the advantage of preparation; they, however, retreated, and made for the Pine River, in the direction of the tier. There can be no doubt, from their having got so far to the westward on the verge of the habitable districts, that they have been hard pressed by the pursuing parties. Now they must either return to the settled districts, or risk starvation by pushing further into the New Country. Judging from their choice of difficulties, we have every hope of being able to report their capture in our ensuing publication.
MORE BUSHRANGING.- We have information of three men armed with pistols and double-barrelled guns, having visited the establishment of Roderic O'Connor, Esq., at the Lake River, about ten o'clock on Tuesday morning. They secured fourteen men, and then proceeded to ransack the house. One of the servants, having perceived the approach of the bushrangers, made his escape and communicated the circumstance to a neighbour, who despatched a messenger to others. Two Messrs. Fletcher, Mr. Young, and others, hastened to the spot, but the bushrangers had decamped, having taken with them some tea, flour, clothes, and fifteen shillings from the person of an old man. The gentlemen pursued them, and came to a spot where a fire had been evidently recently lighted and extinguished, but although they remained scouring the bush until three o'clock in the afternoon, they did not discover any further trace of the absconders. The servant who spread the alarm in the neighbourhood was pursued by one of the three men but succeeded in escaping; having suspicion that another servant had prompted him to escape, he was ordered by one of the bushrangers to sit down and "have his ears cropped." the ruffian deliberately drew out a knife, but did not proceed to the execution of his diabolical threat. - Ibid.
BUSHRANGERS.- The solitary three bushrangers, Fitzmaurice, Smith and Tookey, who have so far escaped the general capture since their absconding with four confederates from Port Arthur in January last, have at length, in all probability, very nearly run their course. Driven from their place of refuge at the Lake Country by the severity of the weather, which has also untenanted the shepherd's hut from which they have been used to derive a plundering subsistence, they have ventured again into the settled districts, and on Monday night showed themselves at the premises of Mr. Jones, who keeps the Half-way House on the Bothwell road. They remained but a very short time, and were very civil indeed in their demeanour, taking nothing with them but some bread and spirits, with which they set out to face the darkest and most inclement night which has been experienced this season. Prompt pursuit is making. Launceston Examiner, June 22nd, 1844. BUSHRANGERS. - On Wednesday morning about six o'clock three bushrangers paid a visit to Mr. Sutherland's about a mile from Mr. Gatenby's. The runaways remained about three hours; and after regaling themselves they left, taking some provisions, clothing, wine, and a purse containing 25s. Their behaviour was not violent; and upon being informed, in reply to a question, that Priest had not returned Mr. Sutherland's watch, they appeared surprised, and promised to see Priest about it. It is supposed that these men were the three who robbed Mr. Gatenby's, and were supposed to have gone over the Isis.
BUSHRANGING. - Our country friends will be glad to hear that the eight Port Arthur prisoners, Gazetted last week as absconders, have been captured and lodged in durance. This circumstance offers some compensation for the extended immunity hitherto enjoyed by their three predecessors - the relics of the gang of seven, whose depredations have made them familiar to most parts of the country - Fitzmaurice, Smith and Hookey (sic). From our country reports we learn that the latest known depredation committed by these men was at the residence of J.C. Sutherland, Esq., on the River Isis, in the middle of last week. The inmates, as usual, were taken completely by surprise, and thus incapacitated from offering resistance. After the robbers had taken what they required, they decamped, conveying away the men-servants of the establishment with them. Money, jewellery, and spirits seemed to be the great objects of their search, but we are rejoiced to hear they obtained but an indifferent booty. Their subsequent course has not been traced. A feeling appears to exist in the interior that a special reward should be offered for the apprehension of these prisoners, and in this we entirely agree. Their apprehension cannot be effected without danger to the lives of their captors, and few individuals value their existence so lightly as to be willing to imperil it, even under a sense of duty, for the small amount of two pounds. We sincerely trust that His Excellency will consider this; in the worst aspect of the colonial revenue it can afford five pounds for the capture of these ruffians, of which the amount would, in fact, be saved by abridging the duration and detailed expense of pursuit. Hobart Town Courier, July 5th, 1844. REWARD FOR BUSHRANGERS. - By a misprint in our last number, the reward we ventured to suggest for the apprehension of the bushrangers Fitzmaurice, Tookey and Smith, appeared as five pounds in place of FIFTY, which we designed to recommend. We are glad to have it in our power to record the apprehension of two more armed absconders in the district of Oatlands since our last. This service was effected by the scouring party of police under Constable Burbidge. Hobart Town Courier, July 19th, 1844. BUSHRANGERS: - One of the three Port Arthur bushrangers; a man named Tookey, has been apprehended by the bravery of a woman. The particulars are as follows:- On Saturday morning, the 15th instant, two of the bushrangers, Smith and Tookey (their third companion, Fitzmaurice, being ill,) made their appearance at the shepherd's hut situate just under the extremity of the Western Tier. here they got breakfast, and previous to their departure two men, named Marsden and Strugnell, entered the hut. The bushrangers compelled these two to proceed with them, taking their course in a southward direction along the tier. Half-way between the hut where they breakfasted and Mr. Connell's house, at Jacob's Sugar Loaf (the whole distance being 12 miles,) the party crossed the Isis. Soon after they fell in with an old ticket-of-leave man, Hodgell, who they also compelled to accompany them. Between four and five o'clock in the evening they arrived at Connell's. Before entering the kitchen they compelled the three prisoners to sit down, and also Robert Brian, who happened to be there, and Mr. Connell himself. They then brought from another room Mr. Connell's son and his four daughters, and Tookey stood sentinel over the whole party, while Smith proceeded to ransack the house, taking Mrs. Connell with him. Thus two hours passed, Mrs. Connell watching a favourable opportunity to make a capture, or give an alarm. Smith, when preparing to quit the premises gave his gun to Tookey, whilst he engaged in packing up the collected booty, which was by no means inconsiderable. While thus employed he missed his knife, which Mrs. Connell suggested he must have left in the room up stairs. Smith thus induced to go up, Mrs. Connell unlocked the door for him, and drawing her attention to a knife of her own which was on the floor, he no sooner entered to pick it up than she locked him in. She the ran down the stairs into the kitchen and clasped Tookey in her arms, rendering him for the moment with the guns in his hands, quite powerless. At the same time she called out to Brian, who, assisted by Connell and his son, rushed upon Tookey and, after a desperate struggle, overmastered the ruffian. One of the guns went off during the scuffle. Smith, meanwhile, who is described as an active fellow, finding himself a prisoner, pulled out the storeroom window; and escaped over the roof of a verandah immediately in front of the kitchen door, which he attempted to enter, but at this moment Miss Connell locked it. The window was then smashed, and a pistol fired through it, when Connell took up Smith's gun and fired in return. Smith eventually escaped with the loss of his gun, but taking with him a watch which he took from the person of Robert Brian. This man recently received a conditional pardon, and by his promptitude mainly contributed to the success of Mrs. Connell's daring attempt. Some articles, supposed to be part of the property taken from Mr. Sutherland, were found on Tookey. Thus has the spirited and heroic conduct of Mrs. Connell been the means of capturing one of a formidable trio of bushrangers, of depriving two of their arms; and of completely disorganising the schemes of plunder which the three together had most probably planned. We feel it unnecessary to prompt the Local Government to mark their approbation of Mrs. Connell's conduct, as we are quite sure they will neither be slow to acknowledge or to reward it. This is not the first time that Mrs. Connell has shown equal tact and courage in effecting the capture of bushrangers. We remember an anecdote told of her at the time that Regan and his associates were spreading terror and dismay among the settlers. It was just after the attack upon Ellenthorpe Hall, when the then Police Magistrate of Campbelton happened to meet her. "Well, Kitty", said he, "this is a bad business, that they should have let these fellows escape so easily - surely there were plenty of men to have taken them." Kitty replied with much naivete, "Yer honour may say that, sure there were plenty of women to have taken 'em, let alone the men, if they had a mind."
BUSHRANGERS.- On Friday evening last, about eight o'clock, two armed bushrangers (one being the man Smith, who so narrowly escaped from the valour of Mrs. Connell, a short time since,) paid a visit to the residence of Mr. Joseph Johnson, near Green Ponds; they took the inmates so completely by surprize, that they "bailed" them up in detail, and placed them in the kitchen, Mr. George Beaumont, of the Old Wharf, who happened to be there on a visit, sharing the same fate. They then commenced the usual work of plunder, taking from Mr. Johnson nearly £100 in cash, and some 17s. or 18s. from Mr. Beaumont, with his double-barrelled gun, and a rifle belonging to the house: they also took, stole, and carried away, a quantity of tea, pork, linen, &c., pressing onto their temporary service, as bearer of the "swag", Mr. Johnson's shepherd, who returned, however, in about twenty minutes. The fellows carried each a brace of pistols and a double-barrelled piece; and gave their victims the agreeable notice that, if they gave any information relative to their visit, within an hour and a half, they would pay them another "domiciliary visit" and burn the house. &c., over their heads! Notwithstanding this, however, information was speedily conveyed to the township (about a mile distant), when three constables started away in pursuit, but without any success, - and thus the case stands at present.
ROBBERY.- At about 9 o'clock in the evening of Friday last, two armed men entered the premises of Mr. Johnson, of Green Ponds, and having tied up eight or nine men they took from Mr. Johnson between fifty and sixty pounds in cash, with other property, comprising a black hat, black coat and trousers, two pair of blue trousers, velvet waistcoat, four shirts, twelve pounds each of tea and sugar, some tobacco, a rifle, two horse pistols, and a pair of razors. In addition to this long list of articles, the robbers also took from Mr. Edmund Johnson fifteen pounds in bank notes, some silver, a silver watch and common seal, two watch keys, one fashioned like a pistol, a new black hat, a pilot coat, pair of drab trousers, gold breast pin, and a child's belt. Mr. Beaumont, who was at Mr. Johnson's on a visit, lost a snuff box, some silver, and a double-barrelled gun. Upon leaving the house the thieves pressed Mr. Johnson's shepherd into their service, compelling him to carry the stolen plunder for about two miles. They went off in the direction of Picton. These fellows gave their names as Smith and Fitzmaurice, the two remaining bushrangers of the gang who escaped some time ago from Port Arthur; but it seems not improbable that this is a ruse to take suspicion away from the true rogues. Whoever they may turn out to be, we hope speedily to hear of their capture. Since the robbery the Sydney blacks traced the robbers some distance, and found the rifle and a double barrelled gun which had been abandoned. Hobart Town Courier, October 8th, 1844. SUPREME COURT, OATLANDS
BUSHRANGER CAPTURED. - Last night, Francis Fitzmorris, by the Sir John Byng, and an absconder from Port Arthur, was captured in Bathurst-street, by constables Hughes and Abel. He was well dressed - had a handsome watch in his fob, a pocket compass, and a pair of capital octagon-barrelled pistols, loaded, almost to the muzzle, with ball: the police also, we understand, have recovered a large sum of money, of which Fitzmorris had obtained possession. It has been ascertained, that he intended to leave the colony today, in the Eliza, for South Australia, had he not been thus timely discovered. Colonial Times, November 16th, 1844 Francis Fitzmorris, the bushranger, who was apprehended about a fortnight ago in Hobart Town by Constables Hughes and Abel, was brought up on Tuesday last, and fully committed for trial. Mr. Price remarked, in respect to the pistols, which were taken from him at the time of his capture, that he might feel thankful that he had not had an opportunity of using them on that occasion. The prisoner, with a smile, replied, that he not had a chance; he did not much like being taken as a coward. His worship then said, that the prisoner could not feel much surprised if he committed him to take his trial. Fitzmorris replied, "Not in the least," and very coolly asked for his boots and handkerchief, which were, however, refused.
SUPREME COURT The Court opened at 9 o'clock this morning, and the first case tried was that of Francis Fitzmorris, the bushranger, who was charged, under the Colonial Act, with being armed with a gun, and robbing Mr. Johnson, of Green Ponds, of a coat and waistcoat. The particulars of this case have already been published, and the trial possessed no particular interest. Fitzmorris was undefended, but he elicited from the witnesses and from Mr. Johnson, that he used no violence and committed no outrage. On being asked for his defence, the prisoner replied that he had nothing to say beyond this: he had never used any violence, and had taken to the bush in order to regain his liberty, which he added he had very nearly accomplished. The learned Judge very briefly addressed the jury; the question for their consideration was, did the prisoner commit the robbery, and if so, was he armed with a gun? It was clearly shown that he used no violence, but that was no point for their consideration; they would please to say whether he was or was not guilty of the offence with which he was charged. The jury immediately returned a verdict of Guilty, and the prisoner was remanded.
SUPREME COURT, Friday Dec 6 Francis Fitzmorris, one of the six men who escaped some time ago from Port Arthur, stood charged on an information, under the Colonial Act, with being illegally at large with a gun, and robbing Mr. Johnson, of Green Ponds, of a coat and waistcoat. The prisoner was undefended, but from the questions put to Mr. Johnson, it appeared that, at the time of the robbery, he had used no personal violence, and held out no threats. The prisoner, in his defence, said that he had taken to the bush to regain his liberty, but had cautiously refrained from violence. His Honour, in summing up, said the questions for the consideration of the jury were, 1st, did the prisoner commit the robbery; and, if he did, was he armed with a gun. That he had used no violence was clear. The jury, without hesitation, returned a verdict of Guilty. Remanded. There are several other charges against the prisoner.
Supreme Court, Criminal Sittings, Wednesday Dec 11 Hugh Mclean and John Childs were severally placed at the bar, the former convicted of an attempt to murder William Young, a free overseer at Port Arthur; and Childs with striking , with a hammer, with intent to murder Timothy Troy, a fellow prisoner at the station at Prosser's Plains. Francis Fitzmorris, an absconder from Port Arthur, convicted of being illegally at large, armed with a gun, and robbing Mr. Johnson, at Green Ponds, was placed in the bar at the same time. The learned judge addressed the three together, although convicted of different offences, at different places, and whose crimes varied in magnitude - a mode of sentence which we never saw adopted under such circumstances, and which, some people may be of opinion, would be "much better honored in the breach than the observance. Mclean, on being asked what he had to say why sentence of death should not be passed on him according to law, said - The prosecutor had perjured himself in his evidence at the trial, as he could have proved by Rev. Mr. Therry, and other respectable gentlemen of Hobart, had he been aware that such evidence was required. Young, the prosecutor, had sworn falsely as to his alleged residence in new South Wales, and the circumstances connected with it. It was in evidence, also, that a plot had been laid by other prisoners on the station to murder this man. The learned judge, in passing sentence, first addressed Fitzmorris, the bushranger. His Honour said the robbery was clearly proved , but, although armed with a gun, it was also proved that he had committed no personal violence, and that he had told the prosecutor and his wife, at the time of the offence, they need be under no personal apprehension. These circumstances were greatly in his favor, and although his crime was a very heinous one, and highly dangerous to the peace and tranquillity of society, he should order the sentence of death to be recorded, and recommend to the Executive Council that his life should be spared. But, at the same time, the prisoner must expect that he would be transported beyond the seas for the term of his natural life.
SENTENCES …. Francis Fitzmorris, for the robbery at Mr. Johnson's, said with considerable sang froid, "I will leave it to your Honour's mercy." …. His Honour, then, addressing Fitzmorris, observed that having used no personal violence, he should not pass sentence of death upon him, although by the colonial law he had committed a capital offence, because he felt convinced that the Executive Council would not carry it into effect. He should therefore order sentence of death to be recorded against him, and he hoped this leniency would have its due effect.
During the last week a spirit of insubordination was exhibited in the city gaol, by the doubly convicted prisoners, sentenced to transportation to Port Arthur and Norfolk Island; about thirty to the former place and twenty to Norfolk Island; but nothing seriously occurred until Thursday. Early on that day the most discordant noises were heard; singing, &c., and the gaoler was obliged to call in a considerable body of police, when the ringleaders were ironed. There was no renewal of the outbreak until Saturday, when the noises and disturbances were resumed, and an attempt made to break out of one of the wards. In this they fortunately did not succeed, but eventually broke a wicket in the door, and threw a missile at the under-gaoler, which struck him on the left cheek, and cut him in two several places. A strong body of police was again called in, and, when the riot was quelled, John Price, Esq., our active police magistrate, had the offenders brought before him, and after investigation sentenced the ringleaders of the emeute, including Fitzmorris, the bushranger, to corporal punishment, which was immediately carried into effect. In the course of the afternoon, most of the men sentenced to transportation to Norfolk Island were removed on board the Governor Phillip, and tranquillity restored. The notorious bushranger, Cash, is one of the prisoners, but was not amongst the ringleaders of the riot. The Governor Phillip has sailed, conveying, besides the desperate offenders, Mr. Gilbert Robertson, to the scene of his new appointment. It does seem that the present city prison is inadequate, whatever care or caution may be taken by the officers there, for keeping in check the numerous prisoners.
THE "GOVERNOR PHILLIP." - The Governor Phillip left Hobart on the 22nd December for Port Arthur, and having taken in forty-two prisoners, left there on the 24th for Norfolk Island. Captain Boyle had been made acquainted by the officer in command at Port Arthur with what parties he had to deal, and every precaution was taken to prevent an outbreak. On the eve of the 1st of January, however, one of the military on guard, hearing an uproar below, paid attention, and soon overheard a well-concerted plot for taking the vessel, and throwing those in command overboard. An alarm was raised, and upon going below, it was found that twenty-one of the prisoners had extricated themselves from their irons by means of some old razors converted into saws, and having cut through the 'tween decks, were making their way to the magazine when they luckily came across a three-dozen cask of porter, which made them uproarious, and was the means of their being taken in the hold. We subjoin the following copy of a letter addressed to Captain Moriarty, of Hobart Town, from Captain Boyle "H M Brig Governor Phillip, 1st January 1845". Sir - I have the honour to report for your information that in the course of last night a plot was happily discovered of an intention of the prisoners on board of the ship to take possession of her, and I fear, from expressions made use of by some of them, that my own life would have been sacrificed to their fury, had they not been frustrated by a merciful intervention of Providence. They had succeeded in cutting their way through the floor of the prison deck, and passed entirely through the ship as far as the after hold, opening various packages in their way. I am sorry to say that they cut open several bags of wheat to enable them to get a clear passage, (the wheat was stored close to the prison), and the grain has been wasted by getting loose in the lower hold, from which it will all have to be drawn when the pumps are worked. I forward herewith the statements of my own officers, of the sergeant of the guard, and of two of the soldiers, which I have taken this day. I feel much pleasure in bearing testimony to the alacrity and steadiness displayed on this occasion by Mr. Wray and Mr. Morgan, the mates of the vessel; and also that of Sergeant Stallard, of the 51st Regiment; of the soldiers composing the guard; and of my own crew. - I have the honour to be , yours, &c., "James Boyle".
NORFOLK ISLAND. - Some faint idea of the state of society at this place, and the penal discipline enforced there may be gathered by the following extract from a letter just received in the province; the writer resides on the spot. He says "this island is really not worth staying upon any longer, the prisoners are more insubordinate than ever. They are sending the very worst characters here from Port Arthur. Forty-four of the greatest desperadoes in the world, Cash amongst the rest, arrived by the last brig, and sixteen of them are committed to take their trial for an attempt to take the vessel. They had cut a hole through the prison deck, slipped off their irons, and got aft under captain Boyle's cabin, with the expressed determination of murdering all on board, including the guard and crew. ….
One of the would-be lieges caught; - On Thursday, Francis Fitzmaurice, a ticket-of-leave holder, was sentenced at the Police Office to one month's imprisonment for falsely representing that he was free to District Constable Thompson, who is engaged in amending the defective elective roll, and by that means having his name placed on it.
Larceny
The prisoners who had been arraigned and convicted on the previous day
were brought up for sentence. Larceny. - The following are the names of the jurors who convicted Francis Fitzmaurice of having stolen a coat or cloak the property of Samuel Davis: - H Dowling (foreman), H Evans, G A Eldred, J Donald, J Esmond, J H Emery, G Dryden, T Fuller, T Edginton, E Edwards, W Fenton, G W Edwards. On the usual question being put prisoner said he had been found guilty of a crime of which he was innocent. He had a large family depending on him and he hoped the Court would be merciful. The Recorder said it would have been well if the prisoner had thought of pleading guilty to the magistrates earlier than he had done because it would have saved his committing the additional offence of inducing Johnson to come forward, as he and a respectable and intelligent jury believed, to give false testimony. In other respects there was nothing very serious in the offence of which he had been found guilty. He had indulged in drink and during his intemperance he was tempted and he had not the power to resist. He found nothing recorded against prisoner's character, he therefore looked upon it as his first crime. The sentence of the Court was that the prisoner be incarcerated for eighteen calendar months.
Authored by Craig BellamyŠ 1999, 2000, 2001, 2002
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