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1813. 31 July.

Public censure of McNaughton and Connor.

Military

uniform

constantly.

duty to their SOVEREIGN imperiously demands of them to uphold, He feels it the more incumbent on him to, uninfluenced by Partiality or Prejudice, and solely actuated by that paramɔunt Sense of Public Duty, which no Consideration of Rank or Profession in the Delinquents shall ever induce him to swerve from, to express his most decided Reprobation of all the Cir cumstances leading to the melancholy Catastrophe now under Consideration, and which must necessarily remain on the Records of the Criminal Court to the lasting Disgrace of the Perpetrators of that foul Deed.

But whilst the Clemency of the Court, supported by the general Tendency of the Laws to the Side of Mercy, has pronounced the lenient Sentence of MANSLAUGHTER, and adjudged Six Months Imprisonment with a Fine of One Shilling each to the Perpetrators of this Outrage, it rests with the GOVERNOR and COMMANDER in CHIEF to mark, in the strongest Terms, his Indignation at an Occurrence so disgraceful to the Military Character and he trusts, with Confidence, that the high Sense of Honor which so eminently characterizes the British Army in every Quarter of the World, and which the 73rd Regiment in particular has possessed a most flattering Portion of, will induce them to look to this lamentable Event as a Beacon set up to guard them against the fatal Consequences attendant on a life of Drunkenness, Debauchery, and Riot, which inevitably tends to the Debasement and Degradation of the upright and manly Character of a British Soldier, and necessarily induces the Contempt and Indignation of all brave and honorable Men.

It having been proved on the Trial of Lieutenants M'Naughton ordered to wear and Connor, that they were in Disguise, and dressed in Coloured Clothes, on the melancholy and disgraceful Occasion alluded to; from which Circumstance alone, it is reasonable to conclude, they went out from their Quarters with no good Design; the COMMANDER of the FORCES positively orders and directs, that no Officer or Soldier (excepting such Soldiers as are Servants of Officers), shall ever appear in future, in any Part of the Town or Garrison of Sydney, in any other Dress than their Regimental Uniforms.

Report to be made to the commander-in

chief.

However painful it may be to his own Feelings so to do, BRIGADIER GENERAL MACQUARIE considers it to be his indispensible Duty to report to HIS ROYAL HIGHNESS the COMMANDER in CHIEF, the Conduct of Lieutenants M'Naughton and Connor, on the Occasion now adverted to, and to submit to the Consideration of HIS ROYAL HIGHNESS the Propriety of allowing Persons, who have so far disgraced the Military Character, to remain any longer in His Majesty's Service.

The COMMANDER of the FORCES directs, that the foregoing
General Orders shall be read at the Head of the 73rd Regiment,
under Arms, at the two next ensuing Parades of that Corps.
LACHLAN MACQUARIE.

By Command of His Excellency
The Governor and Commander of the Forces.
H. C. ANTILL, Major of Brigade.

1813.

31 July.

Orders to be read twice on parade.

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At a Court of Criminal Jurisdiction, holden at Sydney in and Connor. the Territory aforesaid, on this Sixteenth Day of July in the Fiftythird year of the Reign of Our Sovereign Lord George the third, by the Grace of God of the united Kingdom of Great Britain and Ireland, King, Defender of the Faith, and in the Year of Our Lord One Thousand Eight Hundred and thirteen, for the Trial of all and all manner of Felonies, Misdemeanors, and of other Offences, Committed within the said Territory or its Dependencies or within any part thereof. In pursuance of a Precept under the hand and Seal of Lachlan Macquarie, Esquire, Captain General and Governor in Chief in and over His Majesty's Territory of New South Wales and its Dependencies, bearing Date the fourteenth day of July in the year of Our Lord One Thousand, Eight Hundred and thirteen.

Present:-The Judge Advocate; Major George Alexander Gordon, 73rd Regiment; Captain John Brabyn, R.V. Company; Captain Anthony Coane, 73rd Regiment; Captain John Pike, 73rd Regiment; Lieutenant William Lawson, R.V. Company; Lieutenant Andrew Greenshields, 73d Regiment; The Members nominated and Appointed by the said Precept to Compose the said Court.

The said Precept being first read and the Judge Advocate and Members being duly sworn,

The Court proceeded to the ordinary business.

ARCHIBALD MCNAUGHTON late of Sydney in the Territory of New South Wales, Gentleman, and

PHILIP CONNOR, late of the same place, Gentleman, being brought Prisoners to the Bar of this Court by the Provost Marshal of this Territory are charged by an Information in writing, exhibited by the Judge Advocate, with the Wilful Murder of one William Holness at Sydney aforesaid on the Thirteenth Day of June last past, in manner and form as is therein specified: which said Information follows in these words, that is to say,

"In the Fifty third year of the Reign of Our Sovereign Lord George the third, by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith.

Be it Remembered that Ellis Bent, Esquire, "New South Wales Judge Advocate of Our Sovereign Lord the

To Wit

and its Dependencies, Who Prosecuteth for our said Sovereign Lord the King in this behalf, in his proper Person, Cometh here

1813.

31 July. Proceedings at trial of lieutenants McNaughton and Connor.

into the Court of Criminal Jurisdiction, holden in Sydney in the said Territory for the Trial of all and all manner of Felonies, Misdemeanors, and of other Offences Committed within the said Territory or its Dependencies or within any part thereof, on Friday the Sixteenth day of July in the Fifty third year of the Reign aforesaid, and for our said Sovereign Lord the King, Giveth the Court here to understand and be informed, That Archibald McNaughton, late of Sydney in the Territory aforesaid, Gentleman. and Philip Connor, late of the same place Gentleman, not having the fear of God before their Eyes, but being Moved and Seduced by the instigation of the Devil, on the Thirteenth Day of June in the Fifty third year of the Reign of our Sovereign Lord George the Third, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, and in the year of Our Lord One Thousand Eight Hundred and thirteen, with force and Arms, to Wit, at Sydney aforesaid in the Territory aforesaid, in and upon William Holness in the peace of God and of Our Lord the King then and there being feloniously, Wilfully and of their Malice aforethought did make an Assault; and that they the said Archibald McNaughton, and Philip Connor, with Certain large Sticks of no value, which they the said Archibald McNaughton and Philip Connor in their right hands Severally had and held, him the said William Holness, then and there feloniously Wilfully and of their malice aforethought did strike and beat; and that the said Archibald McNaughton and Philip Connor with both the hands and feet of them, the said Archibald McNaughton and Philip Connor, him the said William Holness, then and there feloniously Wilfully and of their Malice aforethought did Strike, beat and kick, and to and against the Ground did Cast and throw; giving to the Said William Holness as well by such stricking and beating of him as aforesaid with the Sticks aforesaid, as also by striking beating and kicking him the said William Holness and Casting him to and against the Ground, with both the hands and feet of them the said Archibald McNaughton and Philip Connor in manner aforesaid Several mortal bruises in and upon the Head, Stomach, Belly, back, and Sides of him, the said William Holness, of which said Several mortal bruises he the said William Holness then and there instantly died. And so that the said Archibald McNaughton and Philip Connor him the said William Holness in manner and form aforesaid feloniously Wilfully and of their malice aforethought did kill and murder against the peace of Our Said Lord the King, his Crown and Dignity."

The said Information, being audibly read by the Clerk of the Court in open Court, and in the presence of the Prisoners, and the Prisoners being Severally asked whether they are Guilty or not Guilty, do severally say that they are Not Guilty, and for Trial put themselves upon God and this Court, and the said Judge Advocate on the part of Our Sovereign Lord the King doth the like. The Witnesses on each Side are ordered to withdraw and remain in attendance on the outside of the Court.

At the request of the Prisoners, the Court allows Mr. George Crossley to assist the Prisoners in Cross-examining Such Witnesses as may be called on behalf of the Prosecution, in examining the Witnesses Called by themselves, and in taking Such legal Objections as may arise in the progress of this Trial.

ANN HOLNESS, Sworn and examined on behalf of the Prosecution, Saith.

1813.

31 July.

I am the Widow of the deceased William Holness, the deceased Proceedings lived in No. 17 Pitt Street. Sydney. He died on Wednesday Evening at trial of lieutenants the 30th of June. On Wednesday Evening the 30th of June before McNaughton my Husband Came home, he had just gone on a little business and Connor. into the house of Michael Byrne next door but one, Elizabeth Winch was walking with John Brown on the outside of the Door-Elizabeth Winch is a young Woman whom I employ to assist me in Needlework. She lodged and boarded with me; whilst I was preparing Some work for her, she Came running in in a hurry. I asked her what was the matter. She informed me that two Officers, belonging to the 73rd Regiment apparently in liquor in disguise, had followed her and insulted her, and that they had Struck the young Man she was walking with twice with a Stick. I went to the door and heard Brown having some altercation with Somebody, I could not exactly say who it was. Elizabeth Winch came out to me to the Door, and the words she made use of were, "Mr. McNaughton, Sir, I know you, you are an Officer in disguise.” When she Called him by his Name he turned away his head. I saw Mr. McNaughton myself at the Door. It was about dusk. Elizabeth Winch and Brown Came in and I shut the door to. After I had shut the door to, my Window shutter was not shut, Mr. Connor Came to the Window-I did not know his name at that time but I know it since; He looked thro' the Window-he brandished a Stick or Club, i cannot say which; after he left the Window he came to the Door, and hit very hard with a Stick and insisted upon entrance. After that the blows were repeated violently against the door, and it was as much as Me, Elizabeth Winch, and Brown could do to prevent the Door being forced in. In the mean time the deceased Came up to the Door and asked Mr. Connor and Mr. McNaughton what they wanted there. The answer he got from them was this, "I want them two Women out of the House." My Husband answered them, there's nobody in that House but my Wife and a young Woman at Needle Work with her whom she employs; The answer, that was made him by those two Gentlemen, was "I will have them"; they made use of very indecent language and said they would do so to him, and the Women in the house, if he did not let them in. After that immediately I heard a very violent blow. I immediately opened the Door, I was just going to step outside of the door, and another blow came as violent or more violent than the first. I cannot say whether the blow was intended for him or me, but the blow took a piece out of the top of the door. At this time I was close to my Husband. I saw the Prisoners at the bar-both of them-they were close by the Door. I cannot exactly say who else was there, for my object was on them. My Husband had nothing to defend himself with, he pushed them away from the Door and they repeated the blows till he fell, I mean the two Gentlemen at the bar. My husband fell betwixt the path and the road, a very little distance from his own door. I was standing close by him for he dropped at my feet. He did not speak after he fell. I exclaimed immediately, "You have murdered my Husband." After he fell the Prisoners at the bar repeated the blows. I exclaimed Murder, and Called for the Constables. Whether they dropped their Sticks or Clubs I cannot Say. but they went to Mr. Meurant's paling and began tearing of it

1813. 31 July. Proceedings at trial of lieutenants McNaughton and Connor.

down.

When I saw this I expected nothing less than to be laid a lifeless Corpse alongside of him. When I exclaimed that he was dead, Mr. McNaughton Stood at the back of me and said. “if he's dead, let him be dead and be damned." Mr. Connor made answer "What have I done," and walked away immediately. Mr. McNaughton followed him as far as Byrn's and Came back and Said he had lost his Hat: some Person gave it him, but I cannot say who. Mr. McNaughton Came and looked at my Husband, as 1 had his head on my knee and walked away. I was sitting in the road, as I may say, on my heel, and my husband's head on my knee. In about ten Minutes after, my Husband was taken into the house, he was not then quite dead: I did not know then, but he never spoke after he fell. I thought he was Stunned by the blow. Michael Byrne and John Brown assisted in taking him into the House. Medical assistance Came immediately. Dr. Ross, belonging to the Fortune, was the first that Came; as soon as Dr. Ross came, I put my hand to My Husband's wrist, and felt no pulse beat, I put my hand to his Heart and felt no Pulse beat, and says I he's dead. I did not see my husband strike either of the Prisoners, he had nothing to strike them with, for he never came in the inside of the House. My Husband was not a Man of a quarrelsome disposition-far from it-he would sooner put up with an insult than he would give one; I did not see him Strike the Prisoners, and I followed him very close, I cannot say wether he struck them or not before I opened the Door-he had nothing but his hands to Strike him with. I Cannot exactly say on what part of his body the Prisoners Struck the deceased, but there were several blows Struck. I did not see any person Strike the Prisoners, for after my husband fell he was my only object to look at. I did not see any persoa strike the Prisoners or either of them before my husband fell.

Cross-examined on behalf of the Prisoner says,

My Husband was not in a debilitated State of Health for some time previous to his Death; he was in a better state of health than he had been for some years; I have been his Wife Seventeen years, the 10th Day of next September, and I never knew him lie a Day on a Sick bed.

The Witness is allowed to withdraw.

JOEL JOSEPHS, being called and sworn on behalf of the Prosecution, Saith.

I live in Pitt Street, two Doors from the House of the deceased. on the Same Side of the Street. I was standing at the Door of my House on the 30th June at about Seven o'clock in the Evening; I saw Elizabeth Winch standing near my Door with one Brown the Painter, I saw two Gentlemen Come up the Street; they were very much intoxicated in liquor. One of the Gentlemen mentioned his name: it was Mr. McNaughton. Mr. McNaughton Caught hold of Elizabeth Winch; she said don't take any liberties with me: She ran from my Door to Mr. Holness's door; Brown the Painter came up. When he came up he said. “Gentlemen, the Woman has no Call to you." I cannot say if there were any words betwixt Brown and the Gentlemen or not; but Mr. McNaughton Catches hold of Brown, and Brown received a blow down the neck. Brown then ran after the Girl to Holness's place; during that time Holness came from Michael Byrne's House to his own door. The Prisoners were at this time at Holness's Door. They had Sticks in their hands knocking against the Door. I cannot say whether they were

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