Troublesome Characters at Large

In March 1851, two troublesome characters were mentioned in the Brisbane court, one for assault and the other for being assaulted.  The first, a local carouser living at Kangaroo Point, was charged with assaulting her house-mate.

Kangaroo Point Hotel

A TROUBLESOME CHARACTER. - Ann Ferguson, a well-known visitant at the Police-office, was yesterday presented at court by Constable John Conroy, under the following circumstances:-

On the previous evening Mrs. Ferguson had been indulging in vinous fluids to a considerable extent, and reeled home to Kangaroo Point in a state of the most exalted independence; and Catherine Driscoll, who lived in the same house with her, having opened the door for her, was immediately rewarded by the ungrateful Ann Ferguson seizing her by the hair of the head, and buffeting her in a most ferocious and scientific manner.[1]

Luckily there was a policeman nearby who intervened to stop the attack, and was set upon by the bellicose Mrs. Ferguson.

Mrs. Driscoll screamed murder, and Constable John Conroy, bursting open the door to assist her, was saluted by Ann with a blow on the mouth, and his shirt was tom to shreds before he could get her to the watch-house.

The Constable finally managed to restrain the belligerent, but more trouble lay ahead.

She jumped out of the punt in crossing the river, and was nearly drowned. The Bench ordered her to find bail for good behaviour for six months,-herself in £10, and two sureties in £5 each: and, in default thereof, to be committed to gaol.

Boat crossing the river from Kangaroo Point

The second case involved one James Macalister, a resident of Fortitude Valley. After stumbling back towards his residence after celebrating Saint Patrick’s Day in the traditional libratory manner, proceeded to wake up his neighbours. Understandably they did not react well, particularly one William Hyland.  Perhaps there was already some bad blood between Mr. Hyland and his bibulous neighbour.

ST. PATRICK'S DAY IN THE MORNING - The festal day of Erin's patron saint passed off in Brisbane, with remarkable quietness, the only broken head that came under our observation having been that of James Macalister, who appealed to the Magistrates at the Police Office on Wednesday last, by charging one William Hyland with assaulting him.

It appeared from the evidence of the complainant, that he and the defendant resided in that pleasant locality known as Fortitude Valley, in the suburbs of North Brisbane, and that late in the night of the 17th instant, Hyland had beaten him about the head with a broomstick, causing divers contusions, the patches on which were visible enough.

Hotel in Fortitude Valley

A witness named Thomas Crawley threw some additional light on the matter by deposing that Macalister had come home very "glorious" at about one o'clock on the morning of the 18th, and had annoyed the neighbours, and Hyland amongst the rest, whom he challenged out.

The witness saw Hyland come out, and saw a scuffle between him and Macalister, but did not know who struck the first blow. Afterwards witness went to look for a constable, and on his return saw Macalister pick up something and go towards Hyland's house, calling upon him to come out.

Hyland came out, and told Macalister to drop the stone he had in his hand. After this witness went to bed. Defendant stated that he had taken up a broomstick afterwards, which his wife took from him, and complainant then seized it and struck him with it on the wrist, upon which he wrenched it away and beat the complainant with it.

Colonial Residence Fortitude Valley

It appears from the evidence, that there was a strong case for provocation and self-defence, but the bench found that the assault was unjustified.

Mr. Roberts, who appeared for the complainant, contended that an assault had been fully proven, as there was nothing to show justification for the violence with which his client had evidently been treated. The Bench, after consideration of the case, fined defendant 20s., with 10s. 6d. costs, which was paid.[2]

© K. C. Sbeghen, 2012.

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[1] The Moreton Bay Courier Saturday 22 March 1851

[2] The Moreton Bay Courier Saturday 22 March 1851

Ticket-of-Leave Men Behaving Badly

The “Ticket of Leave” system in the colony allowed convicts who had served part of their sentence to take up paid work with allocated employers.  The practice was rigorously regulated and misbehaving Ticket of Leave men often found themselves before the courts.

Ticket of Leave

Some Ticket of Leave men found it difficult to discard old habits when given even limited freedom.

TICKET-OF-LEAVE SUSPENDED.-At-the Police office, yesterday, John Wilkinson, holding a ticket-of-leave, was placed at the bar, and underwent an examination before the Magistrates touching a charge that had been brought against him for having attempted to break into the premises of Mr. Thornton, on Thursday week last. -After a severe reprimand from the Police Magistrate, his ticket-of-leave was taken from him, and he was informed it would be recommended that it should be cancelled.[1]

Others found it difficult to suffer the yoke of regular employment.

BREACH OF THE MASTERS AND SERVANTS' ACT. -At the Police-office, yesterday, a man named Matthew Hatton, holding a ticket-of-leave, and employed as an Innkeeper at Mr. Barker's station on the Logan River, appeared before the Bench to answer the charge preferred against him of disobedience of orders, neglect of duty, and threatening the life of the overseer, on the 22nd instant. The Bench ordered the defendant to be mulcted of the wages due to him, and, at the request of Mr. Barker, his agreement was cancelled.[2]

In June 1847, strange goings-on were afoot at a house in Kangaroo Point in Brisbane.

Early View of Kangaroo Point, Brisbane

A Skulk[3]. - At the Police-office, on Tuesday, a man named Owen Malkin, a ticket-of-leave holder, was placed at the bar, charged with being unlawfully on the premises of Mr. Edward Lord, at Kangaroo Point, on the night of the 14th inst.

Mr. Lord stated that about ten o'clock, Mrs. Fletcher, who with her family were at present residing in his house, were about retiring to rest, and had gone to her bedroom, when she immediately returned in a state of great excitement, and informed him that one of her daughters had discovered a man under the bed.

He immediately went into Mrs. Fletcher's room, and found the prisoner doubled up under the bed. Mr. Lord then pulled him out, and pushed him off the premises. A constable was sent for, and directed to search the Point for the prisoner, who was shortly afterwards found standing by the fire at the brick-kiln, about a mile distant from Mr. Lord's house. [4]

The motive behind this bedroom outrage was soon made known by the interloper himself.  It seems he was previously an employee of the widow’s late husband, and he meant to seek revenge for his mistreatment.

He was immediately taken into custody, and on his way to the lock-up made allusion to the late Mr. Fletcher, saying that "he triumphed over him." He also said that Mr. Fletcher had caused him to be flogged, and that he had told him he would come to poverty himself, and that now his words were verified. The prisoner, moreover, was heard to say that he would "triumph" over this night, and would have his revenge. The prisoner was perfectly sober at the time.[5]

The Death Notice of Mr. Fletcher (The Moreton Bay Courier 2 January 1847)

Apparently the convict had been frequenting the house for some time, ingratiating himself with the dog so that he could skulk about the house without the canine alerting the household.

Mr. Lord also informed the Magistrates that about ten days ago the prisoner applied to him to rent a farm, and that he went with him to the Rev. Mr. Hanly, who was to be his witness to the agreement.   He was constantly coming to his house under the plea of getting the lease signed, until at length he was obliged to tell him that he did not like his coming about the house so frequently, and he was desired to keep away.

His object in visiting the house, in the opinion of Mr. Lord, was that he might become acquainted with the dog. The room, in which the prisoner was found, is at the extreme end of the verandah, up one pair of stairs, and when pulled out from under the bed, he had a heavy stock whip in his hand.

Unable to offer any defence to the court, the skulk was soon on his way back to Sydney Gaol, minus his Ticket of Leave.

The prisoner made no defence, but stated that he was totally ignorant of the transaction. The Bench deeming him to be a rogue and a vagabond, sentenced him to six months' imprisonment, with hard labour, in the Sydney Goal, and stated that his ticket-of-leave would be recommended to be cancelled.[6]

© K. C. Sbeghen, 2012.

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[1] The Moreton Bay Courier 1.5.1847

[2] The Moreton Bay Courier 30.1.1847

[3] One who moves in a stealthy or sneaking fashion, so as to escape notice. OED

[4] The Moreton Bay Courier 19.6.1847

[5] The Moreton Bay Courier 19.6.1847

[6] The Moreton Bay Courier 19.6.1847

Captain Duncan Takes Liberties

In the spring of 1864, a wagon departed Ipswich en route to Toowoomba. Holding the reins was James Lyle, a professional carriage driver.  Sitting beside him was his wife, and beside her was one Captain Lewis Duncan. Duncan was a ship’s captain who had taken up a landsman’s position as an assistant overseer on a sheep station on the Darling Downs.  Things would soon take a turn for the worst.

The details would emerge in the Ipswich court a few days later.

Carriage with Team of Five Horses

POLICE COURT.

SEPTEMBER 30. Before Colonel Gray, Police Magistrate.

AGGRAVATED ASSAULT.- James Lyle, of Laidley, was brought up on a charge of having, on the 27th instant, committed a violent assault on Captain Lewis Duncan, at the Seven-mile Creek, on the Drayton Road. Mr. Batho appeared for the prisoner, and raised a preliminary objection on the ground that he was not in legal custody, having been arrested. The Police Magistrate said he did it on   his own responsibility. The case was of so serious a nature, he used the telegraph, and ordered his arrest.     

Sergeant Downing proved the arrest, and that on his telling the prisoner the nature of the charge, he said "I did it and the fellow deserved it— he was taking liberties with my wife."[1]

The Captain offered his version of events claiming he was only holding on to the rail behind Mrs. Lyle to steady himself on the rocking cart.  But perhaps as a ship’s captain, he had become accustomed to be over-familiar with his lady passengers.

19th Century Ships' Captain

Lewis Duncan deposed: have been the Captain at a ship; I am now Assistant Overseer of the Warkaw Station; on the 27th, I left Ipswich for Laidley in company with the prisoner and his wife, in a cart; the prisoner began quarrelling with his wife; I had my arm on the rail behind her back; I asked her if it were any inconvenience, and she said not; I put my hand there for the purpose of holding on.

The carriage driver did not react well to the arm placement of the master of the seas, relative to the waist of his spouse.

The prisoner pulled up the horses, and called out, get out of that, you blackguard; he pulled me out of the cart and struck me two violent blows with the butt end of a heavy whip on the crown of the head; I became insensible, and do not know how long I remained so.

The stock was a popular weapon amongst “men of the whip” and could inflict considerable injury.

Further details of the incident emerged as the court hearing proceeded.

According to Captain Duncan, when he regained consciousness he found himself alone and bleeding from the head. He staggered off down the road seeking help.

The attack was quite unexpected, though Lyall pretended as an excuse that he had promised to buy things for his wife. Captain Duncan became unconscious immediately after receiving the blows, and when he revived found the coach had left. He was lying in a pool of blood, his hair was matted, and his clothes saturated. He managed to walk along the road for about a mile, when he came up with some bullock drays.

He stated to the men driving the teams that he had been brutally assaulted, and one of them let him ride on the dray. He afterwards got the loan of a horse from the same man, and was taken to the hotel at the Seven-mile Creek[2], when information was forwarded to the police. Dr. Von Lossberg[3] was also sent for, and went out to see Capt. Duncan.[4]

Dr. Von Lossberg

The good doctor brought his patient into Ipswich for treatment.  A few days later he detailed the Captain’s injury to the court.

He found two severe contused wounds on the head, which he dressed, and yesterday morning he brought his patient into town in a gig.

Dr. Von Lossberg states that if Captain Duncan had remained much longer without medical aid his life would probably have been sacrificed.[5]

Considering the severity of the assault, Lyall received only a modest fine, the bench being of the opinion that the behaviour of Captain Duncan towards the lady contributed to attack.

Lyall was subsequently fined £5, the bench considering that the prosecutor had given provocation by assaulting defendant's wife, although not indecently.[6]

Ipswich Court House ca. 1860

James Lyall subsequently went on to establish his own carriage service between Toowoomba and Dalby.

It appears that Captain Duncan returned to the sea the following year, probably considering it safer given his inland experience.

© K. C. Sbeghen, 2012.

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[1] The North Australian Saturday 1 October 1864

[2] Near the present day town of Rosewood, west of Ipswich

[3] A prominent member of the local German community.

[4] The Darling Downs Gazette and General Advertiser Thursday 6 October 1864

[5] The Darling Downs Gazette and General Advertiser Thursday 6 October 1864

[6] The Darling Downs Gazette and General Advertiser Thursday 6 October 1864

Amatory Adventures at Mrs. Bailey’s House

Colonial Night Life

In July 1847, trouble was brewing in George Street, Brisbane Town. A group of soldiers from the local regiment were enjoying the hospitality at the Victoria Hotel. Leaving the hotel, they decided to continue their night-out at the nearby house of Mrs. Bailey, a popular local entrepreneur who catered to the recreational and entertainment needs of the many single men and, no doubt some of the married men, in the colony.

Hotel on George Street, ca.1870

Sometime after midnight, a police constable passing by on his beat, heard the sound of breaking coming from Mrs. Bailey’s house.

Further details emerged at the Police Office the following day.[1]

Colonial Infantry Private

WILFUL-DAMAGE - AMATORY ADVENTURES. - At the Police-office yesterday, Sergeant Faulkner, and two private soldiers, named John Randall and Henry Herring, belonging to the detachment of the 99th Regiment stationed in the town, were placed at the bar charged with destroying property in Mrs Bailey's house in George-street, between the hours of twelve and one o'clock on the previous night.

Constable Macalister, on being sworn, stated that while on duty on Thursday night he observed some of the military coming out of the Victoria Hotel, and that he saw them go to Mrs. Bailey's house where he shortly afterwards heard the breaking of panes of glass. On hearing a screech, he immediately ran to the barracks for the corporal and guard, who accompanied him to the house.

Reinforcements arriving from the barracks, most of the riotous soldiers quickly decamped.  An unlucky two were arrested while a third tried to disguise himself by changing out of his uniform.  His attempt to flee was foiled by two of Mrs. Bailey’s civilian guests, one of whom floored the desperate soldier with one accurate punch.

All the soldiers then ran away, except two, who were taken into custody by the guard. Corporal Horan corroborated the constable's testimony, and informed the Magistrates that Randall broke away from the soldier who had him in charge, and ran up to his room, where he put on an undress[2].

Mr. Hawkins and Mr. Featherstone, who were visiting at Mrs. Bailey's house on the evening in question, identified the Sergeant and the prisoners at the bar as being present while the windows were being broken; Randall was the most riotous person there. When the Sergeant attempted to burst open the door, a well-directed blow from Mr. Hawkins sent him head over heels to the ground.

The Original Brisbane Military Barracks

Unfortunately the departing soldier in his haste to return to barracks left behind a piece of incriminating evidence, namely his cap. His attempt to discretely retrieve his cap from the Police Office the following morning was not successful and the full force of the law was brought to bear on the Sergeant and his comrades.

The man of war, on finding sharper work than he had calculated upon, took to his heels, and ran to the barracks, leaving his cap behind him, which was picked up by the constable. The Chief Constable stated that the Sergeant called upon him on the following morning, and made enquiries respecting his cap, and said that he wished to compromise the matter by paying all expenses, provided he would not inform the Police Magistrate of what had occurred.

The Magistrates, after a short consultation, found all the defendants guilty, fined each of them £5, and sentenced them in default of payment to be imprisoned for two calendar months with hard labour in Sydney Gaol. They were then removed and placed in the lock-up. We understand that the fine has since been paid by Sergeant Faulkner, and that the others will also "shell out the tin" rather than go to quod[3].

What sparked the incident at Mrs. Bailey’s house was not revealed in the court proceedings, but it might be assumed to be just another great night out ruined by out of control high jinks.

© K. C. Sbeghen, 2012.

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[1] The Moreton Bay Courier Saturday 10 July 1847

[2] Civilian dress i.e. changed from his uniform.

[3] Military slang for prison.

Furious Riders

Furious Riders - Colonial Hoons

In an age before automobiles, some residents still felt a need for speed in urban areas, endangering the lives of pedestrians. The Towns Police Act was enacted to deal with this unsociable behaviour termed “Furious Riding”.

Early View of Queen Street, Brisbane showing horse traffic.

Furious riding cases were common cases in the Colonial courts.

GROSS MISCONDUCT.-At the Police-office, on Thursday, a recently imported prisoner[1] of the Crown, named Dennis Galvin, attached to the General Hospital, was placed at the bar charged with furiously riding in the public streets, and conducting himself in an insolent manner towards A. C. G. Kent.

It appeared that the prisoner was ordered by Dr. Ballow to lead his horse to the Government Paddock; instead of doing so, he mounted the horse, and galloped him through the streets. On reaching the paddock the prisoner found that he had forgotten the key, and proceeded to effect an entrance in a summary way by pulling down the fence.

Mr. Kent, who had been watching his proceedings, went to the paddock, and desired him to desist, when the prisoner indulged in very gross language, and abused Mr. Kent all the way on his return to his own house.

On being called upon for his defence, the prisoner behaved in the most impertinent manner to the Bench, which called forth a severe reprimand from the Police Magistrate, who sentenced him to fourteen days solitary confinement.[2]

It was not only males who indulged in these carefree habits. In 1847, a certain Mrs. Bailey was charged with furious riding in company with a Mr. Macintyre.

Mrs. Bailey was well known in Brisbane Town as the proprietress of a “house” in George Street popular with member of the local regiment, but more of Mrs. Bailey anon.

Understandably, Mrs. Bailey and Mr. Macintyre chose to be discreet and not appear in court together.

Furious Riding -On Monday an information was filed by the Chief Constable against Mr. Macintyre and Mrs. Bailey, for riding furiously through the streets in North Brisbane on Saturday evening last.

As neither of the defendants appeared before the Bench to answer the charge, evidence was taken in their absence, when the case was fully proved by the Chief Constable and a person named Sloan, who stated that several children playing in the public streets in the town would have been run over, had they not opportunely removed them to a place of safety on seeing the horses coming at full speed.

The Bench fined each of the defendants £5 and costs, which was paid. We hope that the result of this case will operate as a caution to persons galloping through the public thoroughfares; an example was required, and we have no doubt that others who think proper to indulge in freaks of this kind will be mulcted to the same extent, as the Magistrates are determined to put down such dangerous, practices.[3]

Furious drink-riders

Then there was the combination of speed and alcohol.  A rural worker in Ipswich for a spree, as was fell afoul of the law.

William Stewart, an up-country "flash-man,'" was confined by Mr. Hart, for being drunk and disorderly at Little Ipswich, and was fined five shillings. He was then, on the information of the Chief Constable, brought up for furious riding, and endangering the life of a child, as well as assaulting Mr Hart in the execution of his duty. Mr. H., however, withdrew the information, but the Justices considered him worthy of being fined £2.[4]

As children of the times often played in the streets, furious riding was punishable by substantial fines.

"Furiously Riding - On Tuesday last Richard Bostridge appeared at the Police Office to answer an information exhibited by the Chief Constable, for riding a horse in a furious manner through the streets of South Brisbane, on the previous Sunday.

Constable Swinburne deposed to the fact, and that he saw a little child fall down with fright as the defendant was galloping along Grey-street.  Mr. Little, for the defence, contended that there was nothing to show that defendant had urged on the horse, and that he had neither whip nor spur, but the Bench considered the case proved, and fined defendant 40s. with 5s. 6d. costs.

-- Yesterday Mr. Richard Sexton was charged on information with riding furiously at Kangaroo Point, on Sunday last. He pleaded   guilty, and was fined 20s., with 5s. 6d. costs.[5]

Technically, galloping through the street was not against the law. The offence of “furious riding” had to also involve “actual endangerment”. In 1854, a Mr. Orr had his charge dismissed due to lack of o proof of “actual endangerment”.

Understandably the local press expressed outrage by ending their report of the case with an exclamation mark!

POLICE CASES. - On Tuesday, Mr. James Orr, of South Brisbane, appeared to answer an information charging him with furiously riding though the town on the l8th January last. Mr. Anderson, District Constable at Kangaroo Point, deposed to having seen defendant, on the day named, galloping after a herd of horses, through the public streets; and Capt. Geary, the Harbour Master, deposed that he witnessed too same thing, and called the Constable's attention thereto.

The Bench, however, dismissed the case, as there was no direct proof that any person was "actually endangered" as required by the Act. (!)[6]

Early View of Brisbane Street, Ipswich

One defendant charged with furious riding down the main street of Ipswich in 1857, maintained that he was only breaking in a horse for a friend, and riding a horse “pretty hard” was part of the process.

 This explanation failed to impress the Bench and earned the urban horse-breaker a further admonishment.

Patrick Hill was brought up under the Towns Police Act for furious riding in Brisbane-street.   Mr. Cooke appeared for the defendant. The Chief Constable called Constable Harris to prove the fact; who stated that he had spoken to defendant   at the time, as there were a number of persons in   the street, who had scarcely time to get out of the   way.

Mr. Cooke called, as witness for the defence, Adam Watson, who stated that he was a horse-breaker by profession; that the horse was in his charge to break in, and he lent him to the defendant to ride and keep quiet. Mr. Cooke argued that it was the custom of the country,   when breaking in young horses, to ride them pretty hard, to keep down their temper.

The Chief Constable stated that, even in that case, the defendant had acted illegally, for according   to the 15th section of the same Act no person was allowed to break in horses in the streets. The bench found defendant guilty, and fined him £3 and costs, or one month in Brisbane gaol; they also told him that he had acted illegally in breaking in a horse in the public streets, and warned him not to do so for the future.[7]

Legal Furious Riding in Open Country

© K. C. Sbeghen, 2012.

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[1] A ticket of leave man or “exile” i.e. an ex-convict.

[2] The Moreton Bay Courier Saturday 8 May 1847

[3] The Moreton Bay Courier Saturday 31 July 1847

[4] The Moreton Bay Courier Saturday 20 March 1852

[5] The Moreton Bay Courier Saturday 2 July 1853

[6] The Moreton Bay Courier Saturday 18 February 1854

[7] The Moreton Bay Courier Saturday 28 March 1857