Andrew Callaghan, Convict “Three Bees" 1814

Listed at http://www.claimaconvict.net/index_files/Page1094.html

Arrived Australia 1814

Ship: Three Bees

Trial place and year: Down 1813

Sentence 7 years

Andrew CALLAGHAN never married or had any association with Hannah PORTER.

Hannah PORTER married Charles GRIFFIN.

Charles GRIFFIN married Hannah PORTER on the 15.12.1812 at St. James, Sydney.

He sailed to Otaheite, (Tahiti) on the 28.12.1812 in the schooner"Endeavour". I have been unable to find any trace of him or her in the colony since that date.

Neither of them appears in the NSW Musters taken after that date.

Logically, she would have accompanied him.

Source: Mike Harvey mjharvey@iinet.net.au

Arrived in Australia on ship "Three Bees" 6/5/1814 as a convict.

Ships Master was John Wallis. Port of departure was Falmouth.

TRIAL County Down March 1813, Term 7 Years,

Native place Down,Occupation Tailor.

Age 30, Height 5' 5",Complexion ruddy,Hair black,Eyes hazel.

Wounded in the left hand by a musket shot, two middle fingers fused.

Ticket of Leave 33/552  10th Sept.1833

Source:"Names and Physical Description of Convicts --- 1814"

James Mc Clelland  ISBN 0 908492 32 4

On the 11th May fifteen of the convicts were assigned to masters at Parramatta, 20 to Windsor and ten to Liverpool . At that time in the colony, assigned convicts and most convicts in government employment wore ordinary clothes and had to work after hours to pay for lodgings for themselves. Except for convicts in chain gangs the colony was an open prison. Convicts in the chain gangs wore distinctive striped costumes of yellow and black .

Three Bees From Wikipedia, the free encyclopedia The Three Bees was a convict ship that caught fire in Sydney Cove in 1814. The Three Bees was built in Bridgewater in 1813. Owned by Buckles and Co, it was registered in London and its master was John Wallis. Three Bees arrived in Sydney Cove on 6 May 1814 with a cargo of male convicts. This was one of the so-called 'fever-ships' that had a high mortality rate for the convicts transported upon them.

Governor Macquarie wrote in his report to Earl Bathurst: "The Three Bees, commanded by Captn. John Wallis, arrived on the 6th inst. with two hundred and ten male Convicts, out of 219 originally embarked, the other nine having died on the passage; and out of those landed, it has been necessary to send fifty five to the Hospital many of them being much affected with Scurvy and others labouring under various complaints. On enquiring into the cause of this mortality and sickness, it appeared that many of them had been embarked in a bad state of health, and not a few infirm from lameness and old age. I am happy in being enabled to state that the Convicts by the Catherine and the Three Bees have, without a Single Exception, borne grateful Testimony to their having been treated with the most unremitting care, Attention, and kindness, by the Masters and Surgeons of those Vessels, from the day of their Embarkation until they were finally landed here. The circumstance of several of those unfortunate men being embarked in a diseased or feeble State will, I trust, shew the necessity for greater attention being paid to the state of the Health of the Convicts, who are to be embarked in future, which I have much reason to believe has not been so fully attended to by the Examining Surgeons as Humanity demands." After the 210 convicts were all disembarked a fire was discovered on the ship at 4.30 pm on 20 May 1814. It was later thought that the fire was caused by candle snuff being dropped on oakum when an officer and boy had entered the hold. It soon became apparent that the fire could not be fought and so the Three Bees was cut loose from its moorings and the other ships in the cove maneuvered to avoid the ship. At 5.30 pm the first gun exploded on board and a swivel ball smashed into the parlour of the house of Captain Piper, luckily missing everything but a writing table. The ship drifted onto Bennelong Point and shortly afterwards its magazine exploded. The Three Bees was a total loss. [2]

From the Sydney Gazette 14.05.1814

TOTAL LOSS BY FIRE OF THE SHIP THREE BEES We have unfortunately to report the total destruction of the Ship, Three Bees, Captain Wallace, whose private loss we are confidently assured is very considerable indeed. About half past four yesterday afternoon the ship was discovered to be on fire in the after hold, immediately contiguous to the powder magazine. It has since been recollected that a boy had in the fore part of the day attended an officer on duty in the hold with a candle and lanthern; and it is concluded that a candle snuff had then fallen unextinguished among some oakum, or other strongly susceptive substance, which communicating and extending the fire in a more latent way for some hours, at length kindled into a flame, and burst forth with an impetuosity calculated at once to astonish and confound.

The proximity of the magazine to the place from whence the flames aspired was in itself a circumstance so dreadful as not to leave a moment to decide. To get down to scuttle her was utterly impossible, on account of the suffocating columns of smoke that from her hatches darkened the surrounding atmosphere. Such was the rapidity of the flame, that in a few minutes they ascended with the smoke above the deck, and in large curls mingled with its vapour, by which the vivid flame was frequently conducted to her mast head, and soon set fire to her standing rigging. As no possibility to save the ship or any of her property existed, and the explosion of her magazine was expected every instant, the crew forsook her. Her anchorage, close to the Government Wharf, menacing the destruction of the nearest buildings when she blew up, as it was currently reported, she had 130 casks of powder on board (though it since appears there were but 30), and as the wind was from the southward, arid it was probable she would drift outwards if disengaged from her moorings, she was cut adrift, and as she swung to and fro with the tide, menacing each point of the Cove with her broadside in turn, with her guns all shotted. Being past all assistance, the ships and vessels at anchor shifted their births to safer situations. The brig, James Haye was for some time an object of apprehension from the position assumed by the ship on fire when first adrift. This was a tremendous crisis, a crisis of extreme agitation to the inhabitants of the town, and to those especially whose houses and other property were from the approximation of the danger, the more exposed. At this crisis, little short of the total Destruction of the Town of Sydney was expected every moment to take place by the Explosion of the Magazine. The alarm was so great that numbers of the inhabitants deserted their houses, and fled into the country to avoid being buried in its ruins. A ship of nearly five hundred tons burden, cast loose, it may almost be said in the middle of the town, unmanageable, and pouring forth columns of smoke and fire, threatened desolation all around her, with her guns all loaded, first pointed upon one object, and then upon another, and every instant expected, by her explosion, to throw down or cover with the dreadful blast all the buildings around or near her ! About half-past six, when lying off the north east corner of the new Government Store, her first gun exploded in a direction, over Mr. Blaxcell's, or the new Guard-house. Fourteen went off in all; and tho' there were several hair-breadth escapes, yet we are happy to find no personal injury has occurred. A swivel ball, which had possibly made part of a charge of grape, as there were no swivels mounted, entered Captain Piper's parlour window, through the lower sash, which it knocked to pieces, together with the inside shutter; took the comer completely off a portable writing desk, and fell expended in the apartment. Captain Piper lived on the west side of Sydney Cove. He had arrived back in Sydney in February 1814 to take up the position of Naval Officer at Sydney. His duties combined those of Chief Customs Officer, Harbour Master, and Water Police Chief. He and his family lived in a house allotted to them on the west side of the cove, and did not move into the famous Point Piper Villa until 1822. The Gazette continues: By half-past seven, she had drifted over to the rocks on Bennelong's Point opposite Mr. Hook's stores, and about a quarter before eight the long dreaded explosion of her magazine took place, but not by any means so awful as had been expected; for by this time the whole of her upper works, her decks, and every substance that would have otherwise have resisted the force had been annihilated; and it is more than probable that she might have admitted a quantity of water, which finding its way to the powder, had destroyed a great part of it. After this a number of boats approached her, and several persons went alongside, to gratify a nearer approach a curiosity which a more distant view of the awful spectacle had excited. They found the copper of her sides standing, but the planks, and timbers mostly consumed, and they heard frequently the crash of weighty substances falling into the pile of ashes, smoke, and ruins that filled the small remainder of her hull, which burnt all night, and presented to the distant eye a spectacle exciting awe, and sensible regret in the mind of everyone who witnessed the dreadful spectacle, and was capable of reflecting on its consequences to those, who are the sufferers by her loss. The 1822 Muster shows Andrew as a Landholder at Windsor. His entry No. is A03127 free by servitude and Ship Three Bees. Lengh of sentence is shown as 7 years.

The following is taken from " Colonial Secretary Papers 1788 - 1825"

CALLAGHAN, Andrew. Per "Three Bees",1814

1814 May 11   On list of convicts disembarked from the "Three Bees"

             & forwarded to Windsor for distribution (Reel 6004;4/3493p165)

1815 Jul  3   Permission to marry at Windsor (Reel 6004;4/3494 p.108)

                  Refused.

1823          Petitions by his wife ANNE for mitigation of sentence

             (Fiche 3230;4/1869 pp.18-18f)

1823 Sep 22-  To be transported for life. In reports of prisoners tried at Court of Criminal Jurisdiction (Reel 6023;X820 p.109)

    Oct  9   Sentenced to transportation to Port Macquarie (Reel6059;4/1773 p.10)

    Oct 15   On list of prisoners transported to Port Macquarie per "Lady Nelson" (Reel 6019 ;4/3864;pp.80,4401)

1824          Sent to Sydney to give evidence (Reel 6068;4/1815 p.497)

    Jul 14   Wife Ann died, wishing to proceed to friends on the Nepean,to help care for his 3 small children.(Reel 6068;4/1815pp.417,497)

    Jul 15   Prisoner at Port Macquarie.Wife Anne died,wishing to become guardian and protector of their children.(Fiche 3081;4/1836B, No.156pp.715-8)

 Further to the above:

 Taken from the Sydney Gazette, 15th July 1815.:

"On Monday evening last Philip McGee, Henry Laycock, Patrick Dawson and Andrew Callaghan were received into the county gaol upon a commitment from Windsor for the wilful murder of Edward Pugh, at Richmond,on the night of the 9th or the morning of the 10th of January last.--  The last mentioned prisoner is, we understand, an admitted approver for the Crown."

 Taken from the Sydney Gazette, Sat. 3rd Feb.1816.:

 "MURDER:- On Friday Philip McGee, Henry Laycock and Patrick Dawson we replaced at the bar , and indicted for the wilful murder of Mr.Edward Pugh,a settler, of Richmond, on the night of the 9th January,1815.

 The chief witness on this melancholy trial was Andrew Callaghan, who had been necessarily admitted as an approver for the Crown."

 Taken from the Sydney Gazette, Sat. 10th Feb.1816.:

 "Yesterday the sentence of the Law was executed on Philip McGee, Henry Laycock, and Patrick Dawson for the murder of the late unfortunate Edward Pugh, of Richmond Hill."

 Taken from "The Hawkesbury Story" by Valerie Ross.

 Return to Sackville:-

 Evidence of this comes from Case Papers in the trial for burglary of Andrew Callaghan, Daniel McLeese and others at Windsor on 8.9.1823.

 When Callaghan came down the river hawking clothing and cloth that later proved to be stolen from Edward Smith Hall at Richmond, he made a sale to George Everingham at Half Moon Reach on July 9th; gave Callaghan an order on his brother, Matthew and that night Callaghan, travelling up river, reached Matthew's (evidently at Sackville), sold him goods and stayed there overnight. Matthew brought 3 1/2 yards of velveteen, two pairs of stripped  trousers and a waistcoat piece, which Callaghan (a tailor by trade)retained to make up for Matthew's men. For these Matthew's paid £20, in salt pork and the balance including George's order in tobacco at 5/- per lb.

The next morning Callaghan went on to see James Everingham at ElizabethEveringham's farm. He sold James a waistcoat piece for some figs of tobacco. Callaghan then went home to Wilberforce, landing at Crabtree's Wharf and the boat returned  to Elizabeth Sullivan. She had used some of the cloth to buy rum for a christening from Mary Dunstan, the keeper of a Public House at Wilberforce.

Hearing of the robbery and that Callaghan was suspected, the indefatigable Richard Woodbury began enquiries that led to George Cox,George and Matthew Everingham, Mary Dunstan, John Smith of Caddia, who had rowed the boat and Thomas Duncombe, who lived near the Sullivan's at Power's Lump, (Powell's Lump) giving information surrending the goods and appearing as witnesses at the trial.

 1823 Sep 22-  To be transported for life

Port Macquarie's first Vicar, Rev. John CROSS, arrived on the 22nd Feb. 1828. On the 20th June 1831 he forwarded to the Governor an application from Andrew CALLGHAN to marry ANN FITZSIMMONDS, a 40 year old widow. However, Governor Darling refused their application.

A look at Ann FITZSIMMONDS convict indent gives a clue as to why permission was refused.

Indent: C-22 FITZSIMMONS, ANNE - Ship EDWARD (1) Arr. 26.4.1829 page 153 fiche 671 file 398 shelf 4/4014 age 48 Offence: STEALING RIBBON Educ. NONE Rel. RC Mar.st. M - offspring. 7 Natv.pl. WESTMEATH Trade Country Servant Tried: MONAGHAN, Date: 18.3.1828 Sentence: sent. 7 yrs prev.conv. NONE ht. 5'1" compl. DARK RUDDY hair BROWN TO GREY eyes LT. HAZEL disp. SUSAN COVE, SYDNEY

Being already married with 7 children would have been sufficient to deny the application to marry. Also note from this ident that she was illiterate.

Andrew was granted a Ticket of Exemption on the 20.05.1831. A strict condition of an exemption ticket was that the holder remains in a specific district and must reside with persons theirein named (usually a relative or employer) and no other.

Index to Tickets of Exemption from Government Labour, 1827-32 CALLAGHAN Andrew Ship:Three Bees 1814 Ticket 31/150 Date: 20/5/1831 Ref: 4/4284, 4/4062 1004, 1006

TICKET OF LEAVE Last name: Callaghan First name: Andrew Ship: Three Bees Year: 1814 Native place: Ireland Trade or calling: Tailor District: Port Macquarie Ticket no.: 33/552 State Records shelf ref: 4/4089 State Records reel no: 919 Note: torn up on his receiving a ticket of leave (no.33/552)

On the 10.09.1833 he received his Ticket of Leave No.552, which now allowed him to employ himself for his own benefit and to be able to acquire property, on the condition of his residing in the Port Macquarie district.

He must have behaved himself as he eventually lived in the Mulbring district of the Hunter Valley and died at Mt. Sugar Loaf on 3rd Feb.1841.

Andrew was thought to be buried at the old cemetery in Quarter Sessions Rd. Tarro N.S.W.

It was originally called Hexham Cemetery.

It is now a residental area and very little of the old cemetry remains.

However, Brian Andrews, in his publication 'Sugar Loaf', has extracted from the C of E Christ Church Mt Vincent register the following entry:

BURIALS:-

03.02.1841 Andrew CLAYDON, of Sugar Loaf, aged 56 years.

    In another register the deceased was called Andrew CALLAGHAN, with all other details remaining the same.

This would mean that Andrew is probably buried at Mt. Vincent. It is probably the correct conclusion to draw, as it was very close to where he resided and died.

Sugarloaf ( September 1991 p.1007 ) says;-

 "The records show that, six months after his arrest for the murder  ( of  Edward Pugh on 9 January 1815 ) , Andrew CALLAGHAN applied on the 29th June  1815, for permission to marry Mary BAGLEY .Governor Macquarie granted his  approval a few days later , on the 3rd July, 1815,but, for whatever reason,  they never married."

Mike Harvey mjharvey@iinet.net.au

Arrived in Australia on ship "Three Bees" 6/5/1814 as a convict. (I think it may have been named after the shipbuilders/owners Buckle,Bagster & Buchanan) Ships Master was John Wallis. Port of departure was Falmouth. TRIAL County Down March 1813, Term 7 Years, Native place Down,Occupation Tailor. Age 30, Height 5’ 5",Complexion ruddy,Hair black,Eyes hazel. Wounded in the left hand by a musket shot, two middle fingers fused. Ticket of Leave 33/552 10th Sept.1833 Source:"Names and Physical Description of Convicts—- 1814" James Mc Clelland ISBN 0 908492 32 4

On the 11th May fifteen of the convicts were assigned to masters at Parramatta, 20 to Windsor and ten to Liverpool . At that time in the colony, assigned convicts and most convicts in government employment wore ordinary clothes and had to work after hours to pay for lodgings for themselves. Except for convicts in chain gangs the colony was an open prison. Convicts in the chain gangs wore distinctive striped costumes of yellow and black .

Three Bees From Wikipedia, the free encyclopedia The Three Bees was a convict ship that caught fire in Sydney Cove in 1814. The Three Bees was built in Bridgewater in 1813. Owned by Buckles and Co, it was registered in London and its master was John Wallis. Three Bees arrived in Sydney Cove on 6 May 1814 with a cargo of male convicts. This was one of the so-called ‘fever-ships’ that had a high mortality rate for the convicts transported upon them.

Governor Macquarie wrote in his report to Earl Bathurst:

Governor Macquarie’s report of the incident can be found in the following despatch to Earl Bathurst , dated 24 May 1814 [ Historical Records of Australia , Volume 8] "The Three Bees, commanded by Captn. John Wallis, arrived on the 6th inst. with two hundred and ten male Convicts, out of 219 originally embarked, the other nine having died on the passage; and out of those landed, it has been necessary to send fifty five to the Hospital many of them being much affected with Scurvy and others labouring under various complaints. On enquiring into the cause of this mortality and sickness, it appeared that many of them had been embarked in a bad state of health, and not a few infirm from lameness and old age. I am happy in being enabled to state that the Convicts by the Catherine and the Three Bees have, without a Single Exception, borne grateful Testimony to their having been treated with the most unremitting care, Attention, and kindness, by the Masters and Surgeons of those Vessels, from the day of their Embarkation until they were finally landed here. The circumstance of several of those unfortunate men being embarked in a diseased or feeble State will, I trust, shew the necessity for greater attention being paid to the state of the Health of the Convicts, who are to be embarked in future, which I have much reason to believe has not been so fully attended to by the Examining Surgeons as Humanity demands." After the 210 convicts were all disembarked a fire was discovered on the ship at 4.30 pm on 20 May 1814. It was later thought that the fire was caused by candle snuff being dropped on oakum when an officer and boy had entered the hold. It soon became apparent that the fire could not be fought and so the Three Bees was cut loose from its moorings and the other ships in the cove maneuvered to avoid the ship. At 5.30 pm the first gun exploded on board and a swivel ball smashed into the parlour of the house of Captain Piper, luckily missing everything but a writing table. The ship drifted onto Bennelong Point and shortly afterwards its magazine exploded. The Three Bees was a total loss. [2]

After the 210 convicts were all disembarked a fire was discovered on the ship at 4.30 pm on 13 May 1814. It was later thought that the fire was caused by candle snuff being dropped on oakum when an officer and boy had entered the hold. It soon became apparent that the fire could not be fought and so the Three Bees was cut loose from its moorings and the other ships in the cove maneuvered to avoid the ship. At 5.30 pm the first gun exploded on board and a swivel ball smashed into the parlour of the house of Captain Piper, luckily missing everything but a writing table. The ship drifted onto Bennelong Point and shortly afterwards its magazine exploded. The Three Bees was a total loss. [2]

Part of a despatch from Governor Macquarie to Earl BathurstTestimony in favour of masters and surgeons to state that the convicts arrived by the Catherine and the Three Bees have,without a single exception, borne grateful testimony to their having beentreated with the most unremitting care, attention, kindness, by the Masters andSurgeons of those vessels, from the day of their embarkation until they werefinally landed here. The circumstance of several of those unfortunate men beingembarked in a diseased or feeble state will, I trust, show the necessity forgreater attention being paid to the state of the health of the convicts, who areto be embarked in future, which I have much reason to believe has not been sofully attended to by the examining Surgeons as humanity demands.HRA, Vol. IIIpage 254 to 255

From the Sydney Gazette 20.05.1814

TOTAL LOSS BY FIRE OF THE SHIP THREE BEES We have unfortunately to report the total destruction of the Ship, Three Bees, Captain Wallace, whose private loss we are confidently assured is very considerable indeed. About half past four yesterday afternoon the ship was discovered to be on fire in the after hold, immediately contiguous to the powder magazine. It has since been recollected that a boy had in the fore part of the day attended an officer on duty in the hold with a candle and lanthern; and it is concluded that a candle snuff had then fallen unextinguished among some oakum, or other strongly susceptive substance, which communicating and extending the fire in a more latent way for some hours, at length kindled into a flame, and burst forth with an impetuosity calculated at once to astonish and confound.

The proximity of the magazine to the place from whence the flames aspired was in itself a circumstance so dreadful as not to leave a moment to decide. To get down to scuttle her was utterly impossible, on account of the suffocating columns of smoke that from her hatches darkened the surrounding atmosphere. Such was the rapidity of the flame, that in a few minutes they ascended with the smoke above the deck, and in large curls mingled with its vapour, by which the vivid flame was frequently conducted to her mast head, and soon set fire to her standing rigging. As no possibility to save the ship or any of her property existed, and the explosion of her magazine was expected every instant, the crew forsook her. Her anchorage, close to the Government Wharf, menacing the destruction of the nearest buildings when she blew up, as it was currently reported, she had 130 casks of powder on board (though it since appears there were but 30), and as the wind was from the southward, arid it was probable she would drift outwards if disengaged from her moorings, she was cut adrift, and as she swung to and fro with the tide, menacing each point of the Cove with her broadside in turn, with her guns all shotted. Being past all assistance, the ships and vessels at anchor shifted their births to safer situations. The brig, James Haye was for some time an object of apprehension from the position assumed by the ship on fire when first adrift. This was a tremendous crisis, a crisis of extreme agitation to the inhabitants of the town, and to those especially whose houses and other property were from the approximation of the danger, the more exposed. At this crisis, little short of the total Destruction of the Town of Sydney was expected every moment to take place by the Explosion of the Magazine. The alarm was so great that numbers of the inhabitants deserted their houses, and fled into the country to avoid being buried in its ruins. A ship of nearly five hundred tons burden, cast loose, it may almost be said in the middle of the town, unmanageable, and pouring forth columns of smoke and fire, threatened desolation all around her, with her guns all loaded, first pointed upon one object, and then upon another, and every instant expected, by her explosion, to throw down or cover with the dreadful blast all the buildings around or near her ! About half-past six, when lying off the north east corner of the new Government Store, her first gun exploded in a direction, over Mr. Blaxcell’s, or the new Guard-house. Fourteen went off in all; and tho’ there were several hair-breadth escapes, yet we are happy to find no personal injury has occurred. A swivel ball, which had possibly made part of a charge of grape, as there were no swivels mounted, entered Captain Piper’s parlour window, through the lower sash, which it knocked to pieces, together with the inside shutter; took the comer completely off a portable writing desk, and fell expended in the apartment. Captain Piper lived on the west side of Sydney Cove. He had arrived back in Sydney in February 1814 to take up the position of Naval Officer at Sydney. His duties combined those of Chief Customs Officer, Harbour Master, and Water Police Chief. He and his family lived in a house allotted to them on the west side of the cove, and did not move into the famous Point Piper Villa until 1822. The Gazette continues: By half-past seven, she had drifted over to the rocks on Bennelong’s Point opposite Mr. Hook’s stores, and about a quarter before eight the long dreaded explosion of her magazine took place, but not by any means so awful as had been expected; for by this time the whole of her upper works, her decks, and every substance that would have otherwise have resisted the force had been annihilated; and it is more than probable that she might have admitted a quantity of water, which finding its way to the powder, had destroyed a great part of it. After this a number of boats approached her, and several persons went alongside, to gratify a nearer approach a curiosity which a more distant view of the awful spectacle had excited. They found the copper of her sides standing, but the planks, and timbers mostly consumed, and they heard frequently the crash of weighty substances falling into the pile of ashes, smoke, and ruins that filled the small remainder of her hull, which burnt all night, and presented to the distant eye a spectacle exciting awe, and sensible regret in the mind of everyone who witnessed the dreadful spectacle, and was capable of reflecting on its consequences to those, who are the sufferers by her loss.  The following is taken from " Colonial Secretary Papers 1788 - 1825" CALLAGHAN, Andrew. Per "Three Bees",1814 1814 May 11 On list of convicts disembarked from the "Three Bees"

         & forwarded to Windsor for distribution (Reel 6004;4/3493p165) 1815 Jul 3   Permission to marry at Windsor (Reel 6004;4/3494 p.108)

           Refused. Which is at odds with the following: Sugarloaf Magazine ( September 1991 p.1007 ) says;-

 "The records show that, six months after his arrest for the murder ( of Edward Pugh on 9 January 1815 ) , Andrew CALLAGHAN applied on the 29th June 1815, for permission to marry Mary BAGLEY. Governor Macquarie granted his approval a few days later , on the 3rd July, 1815,but, for whatever reason, they never married."

I think that ‘Sugarloaf’ has got it wrong as most of the information on Andrew Callaghan in this publication came from Les Hall.

COPIED FROM THE SYDNEY GAZETTE SATURDAY 3RD FEBRUARY. 1816

MURDER;- On Friday Philip McGee, Henry Laycock and Patrick Dawson were placed at the bar, and indicted for the wilful Murder of Mr. Edward Pugh, a settler of Richmond, on the night of the 9th January, 1815.

The chief witness on this melancholy trial was Andrew Callaghan, who had been necessarily admitted an approver for the Crown.

This witness stated, that on the night set forth he had accompanied the three prisoners at the bar to the house of the deceased, who was a very old and feeble man, with the design of robbing him of a quantity of dollars which he was reported to have had and which formed their chief inducement, they knowing also that he was in possession of a silver watch, and some other property; that on their arrival at the house, the prisoner Dawson it was agreed should remain outdoors as a guard against surprise, while the witness and the other two approached and knocked at the door, which was shortly after opened by the deceased; who was immediately attacked by McGee, with a waddy, and knocked down, without any effort to resist upon his part; and the blows were repeated by the same prisoner until it was certain the deceased was incapable of resistance or alarm:- That McGee then threw a blanket over the deceased, and they jointly proceeded to search the house for plunder; that by the light of the fire, near to which the deceased lay, he was observed to stir; upon which McGee was proceeding again to beat him, but was prevented by himself (the witness) who begged he would not murder him:- That McGee drew the bed from under the deceased, and ripping one of its seams, emptied out the contents; that the prisoner Laycock observing at this time that the deceased moved, struck him on the right shoulder with the butt of a musket, the stock of which was broken by the violence of the blow:- they then left the house, and on the division of their spoil, the bed tick made part of the share taken by McGee.- That in consequence of the dreadful circumstance of the murder occasioning considerable alarm, the witness three a coat, which had been taken from the deceased, into the river, and also saw Laycock bury a quart pot, which had likewise made part of the spoil; that McGee afterwards exchanged a jacket with one James Gibbons, servant to W. Cox Esquire and also exchanged with him (the witness) a counterpane for a pair of nankeen trousers; which trousers were found in Laycock’s possession when apprehended, and proved to be the same.

Assistant Surgeon Milchan being now called deposed to the death of the unfortunate man being in consequence of the violent treatment he had received upon the night stated in the indictment.

Mr Ansley McGrath deposed, that the prisoner Dawson was his servant; and he conceived had had a knowledge of the deceased being possessed of a sum of money.- The witness swore to a knife found by the side of the deceased the morning after the murder to be his property.

Joseph Mann, in whose service Laycock was at the time, deposed, that on the evening of the murder he saw Callaghan and Laycock in company, at which time they had a gun, which he supposed they intended going with to a neighbouring stock-yard; that they returned to his house at midnight, and made some tea for themselves; that Callaghan, a few days after, brought to his house a tin pot and a canister, when witness having some suspicion that they might have had a knowledge of the murder, desired that nothing of the kind should be brought to his house; he saw Callaghan altering a pair of nankeen trousers which he said belonged to Laycock, and heard Callaghan say he had thrown a coat into the river.

John Miller deposed, that the jacket produced in court very much resembled one that he had left at the house of the deceased shortly prior to the murder; and which had been found in possession of Callaghan.

Mrs Penloney who had lived in the house with the deceased five years, and had left his habitation the very day twelvemonth upon the night the murder was committed, swore, positively to the bed tick, which had been found in McGee’s possession and also the nankeen trousers found in the possession of Laycock as they were both of her own making.

Mr. Cox Esquire Magistrate, was now and stated to the Court that on the first implicate of McGee in this charge he went to his house at Richmond and there found the bed tick, stated by Callaghan to have been taken from house of the deceased by McGee and sworn by Mrs Penloney to have been the property of the deceased. The trousers sworn also to have been the property of the deceased were worn by Laycock when he was apprehended, and a jacket produced in court, making part of the plunder, had been found in the possession of Callaghan, who said he had it to alter.

Mr John Howe, chief constable at Windsor, deposed to his being present when Callaghan took from its concealment a pot, proved to have been part of the stolen property.

The evidence for the prosecution here closed, & the prisoners at the bar were called on for their defence; which went generally to a denial of the fact, and to prove that several articles found in their possession cane through the channel of Callaghan, the Crown approver; in order to depreciate whose testimony, several witnesses were called, two of whom fell severely under the censure of the Court; and one of them was directed to be kept in custody for prevarication in his evidence.

McGee endeavoured to prove an alibi, in support of which George Coffer, servant to Mr. Cox, of Clarendon, deposed in evidence, that on the night of the murder he supped in company with McGee, and went to be at eight o’clock, leaving the latter sitting up alone; which however did not in point of distance preclude the possibility of his being present at the murder; nor could it contend against the weight of evidence presumptive of his guilt.

The whole of the evidence being gone through, the Court cleared between six and seven in the evening, for the purpose of considering their verdict; and resuming their seats after an absence of nearly an hour, all the prisoners were pronounced Guilty.

The JUDGE ADVOCATE, before he passed the awful sentence of the Law, expatiated with peculiar energy on the extreme depravity that had manifested itself in the perpetration of the horrible offence, of which they had been found guilty after a long, patient, and impartial investigation of the testimony that had been adduced, as well for then as against them.- The crime of murder was in itself abominable; in all ages, and in all countries it had uniformly been punished with death, as the most heinous offence that man could possibly commit against his fellow creature; and in the present case, the learned Gentleman had most sensible to regret that the crime was marked with a depravity that doubt less must preclude the hope of mercy to either of the prisoners then standing at the bar. It therefore became their last and only duty to supplicate that pardon from their offended Maker, which they had no hope to be extended to them on earth. Heinous was the crime for which they were doomed by human laws to suffer, and in proportion to the weight of their offences should be their solicitude for their remission in the world in crime. Having solemnly and pathetically admonished the unhappy men to lose no single moment of the short period that might be allowed to them for the duties of repentance, which he hoped would be sincere and unreserved, he proceeded to pronounce the sentence of the law, which condemned them to be executed on such day and place as His Excellency the GOVERNOR should be pleased to appoint, and their bodies afterwards delivered up to be dissected and anatomized.

The Court adjourned to ten o’clock, Tuesday next.

Further to the above:

 Taken from the Sydney Gazette, Sat. 3rd Feb.1816.:

 "MURDER:- On Friday Philip McGee, Henry Laycock and Patrick Dawson we replaced at the bar , and indicted for the wilful murder of Mr.Edward Pugh,a settler, of Richmond, on the night o