Free Settler or Felon
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182179
Surname: Otway (3rd regt) (Buffs)
First Name: Corporal James
Ship: -
Date: 24 October 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Mary Kelly, free by servitude charged with being a public nuisance by keeping her house open at irregular hours; of being riotous and disorderly; and obstructing the military in the performance of their duty; and of being frequently in a state of intoxication. Corporal Otway of the 3rd or Buffs states - On Saturday night last I was going round with the relief and on passing the residence of Mrs. Kelly, she came across the street and laid hold of one of the Guard. She was intoxicated at the time; two or three times during the same night she interrupted the relief as I went round with them. I have seen her in the streets upon various occasions in a state of intoxication. About midnight of Saturday last, soon after her husband was sent to the watch house for striking the sentry, I saw her at the Kings Store. She was then addressing herself to the sentry there in very improper terms. When I relieved him at two o clock he reported to me that he had been much annoyed all the time he had been on his post by Mrs. Kelly. Patrick Keggan, soldier in the Buffs states - I was on guard on Saturday last, and was Sentry at the Stores between the hours of midnight and two o clock, during which time Mrs. Kelly repeatedly came to me to get some men away from her house. She was drunk at the time. I cleared her house of the men she complained of after which she went out at the back door and brought them in again and I sent them away a second time. She then went into her house and shortly after a stone was thrown in the direction in which I was - it struck against the paling. I did not see any one about when the stone was thrown. I think it must have been thrown by some person in the house. The accused makes no defence; throws herself on the mercy of the court. The charged against the accused being fully proved, she is ordered to find sureties to be of good behaviour for twelve months in default of which to be committed to the gaol at the House of Correction for three months. N.B. Security given on the 26 October 1826


181956
Surname: Otway (3rd regt) (Buffs)
First Name: James
Ship: -
Date: 11 July 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: William Barnes and Patrick Powers, both in government service, charged with theft....Catherine Riley states - my cart was employed yesterday bringing wheat from the wharf to my house. I was informed a bag of it was missing; I informed the Chief Constable of it; I believe the wheat before the court to be mine. I can swear that the bag which contains it is my property. James Otway - Soldier in the Buffs, states - I was sentry yesterday at the wharf and saw a loaded cart pass along. I saw a bag full of something jolt from the rear of it - the driver of the cart went on without noticing his loss. Two men dressed in grey slop clothing picked up the bag, one carried it away, accompanied by the other, to the rear of the prisoners barracks where I lost sight of them. I cannot swear to the persons they were too far off; I new the cart belonged to Mrs. Riley and I sent to inform her of my having seen the bag taken away. Mr. George Muir, Chief Constable, states - On the information of Mrs. Riley, I sent to search the prisoners houses in the rear of the prisoners barracks and in a hut occupied by William Rouse the bag of wheat now before the court was found. Rouse was at this time at work on the wharf and had been so for some time previous. There was no person in the hut except a black native woman. On my asking Rouse if he knew anything of the bag of wheat he told me he had seen Powers pass to the rear of the hut with a bag on his back a short time before. Whilst I was making enquiries amongst the boats crews respecting the robbery, Barnes made his appearance in a ragged blue jacket, it neither fitted him nor did it belong to him and having seen him but a short time before in a dress of grey slop clothing, I thought he was, from his general bad character, and from the earnest manner in which he made enquiries about what was doing, likely to have been the companion of Powers; and I therefore took them both into custody. William Rouse states - I saw two men yesterday pass to the back part of my hut, one of them had a bag on his back. I cannot swear who the two men were as it was at such a distance, but I think one of them was like Powers. That was what I told Mr. Muir; not positively that it was him. The prisoners state they do not know anything about the wheat. Both men were acquitted


181870
Surname: Otway (3rd regt) (Buffs)
First Name: Private James
Ship: -
Date: 25 May 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Dennis Horrigan a bullock driver and Andrew McIntosh a stockman, both in government service, charged with cruelly to a government bullock which caused it death. William Eckford, Michael Wright, James Jackson, James Otway (soldier of the Buffs) gave evidence as to the treatment of the bullock.....I saw a loaded cart with two bullocks yoked to it, one a black bullock, the other a red one; the red bullock seemed to get along with considerable difficulty. When abreast of the Commissariat stores it stopped for more than quarter of an hour during which time the driver was beating it on the nose, legs, and different parts of the body without ceasing. The bullocks head hung down, the nose almost touching the ground; I remarked to two of my comrades standing near on the cruelty of the proceeding. In about a quarter of an hour, the bullocks again moved slowly on but opposite the prisoners barracks they again stopped, when similar blows were inflicted and some person came from the barracks and assisted the driver to get them along. I do not know the men. The driver was a young man, undersized. Jacob Bray and Samuel Mummery, soldiers in the Buffs, corroborate the testimony of James Otway. Dennis Horrigan here admits that he was the driver of the cart in question. Thomas Harrison watchman at the lumber yard, states - I did not particularly notice any of the working oxen when they were brought into the lumber yard previous to being driven out for the night but when McIntosh was taking them out he called my attention to one of them which was bleeding at the nose and mouth. James Crofts states - I was walking near the cedar ground and saw McIntosh driving the bullocks along at a great rate, he had a whip in one hand and a stick in the other with which he was urging them on, a red one particularly; It appeared to me they were driven much faster than there was any necessity for. Mr. Dixon, Superintendent states - I saw McIntosh driving the bullocks along as stated and called to him to desist but he either would not or did not hear me. James Cook, night stockman, states - On Monday night the bullock that died did not feed whilst his companion did very heartily they were yoked together as is the custom till they get used to the run. Dennis Horrigan and Andrew McIntosh remanded for investigation


212308
Surname: Otway (3rd regt) (Buffs)
First Name: Private James
Ship: -
Date: December 1825 - March 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle


212382
Surname: Otway (3rd regt) (Buffs)
First Name: Private James
Ship: -
Date: March - June 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle


78060
Surname: Owen (3rd regt) (Buffs)
First Name: Lieutenant
Ship: -
Date: 1825 13 January
Place: Newcastle
Source: Australian
Details: Lieutenant Owens commander of detachment of Buffs at Newcastle. Pursued absconders to Reids Mistake


212404
Surname: Owen (3rd regt) (Buffs)
First Name: Lieutenant Thomas Henry
Ship: -
Date: 5th February 1825
Place: Newcastle
Source: Colonial Secretarys Correspondence. Series: NRS 897; Reel or Fiche Numbers: Reels 6041-6064, 6071-6072
Details: Correspondence to the Colonial Secretary from Lieut. Thomas Henry Owen of the Buffs - I have also the honor to inform you that William Yams and the 7 prisoners of the Crown who escaped from the Gaol on the night of Tuesday as mentioned in my Letter to you of the 2nd inst, have been all apprehended by the Settlers at Wallis Plains and are now lodged in H. M. Gaol at this station.


71316
Surname: Owen (3rd Regt)Buffs)
First Name: Lieut. Thomas H
Ship: -
Date: 1824
Place: Newcastle
Source: Colonial Secretary Index
Details: Lieutenant Thomas H. Owen recommended for a Naval officer appointment at Newcastle


37035
Surname: Owens (3rd regt) (Buffs)
First Name: Lieutenant Thomas
Ship: -
Date: 1824
Place: Newcastle
Source: -
Details: Lieutenant Thomas Owens stationed at Newcatle


181021
Surname: Paine (3rd regt.,) (Buffs)
First Name: Francis
Ship: -
Date: 5 October 1824
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: George Yeoman (native of the colony) charged with riotous conduct and assaulting William Davison, a soldier of the 4th regt., (Buffs) William Davison stated...Two of my companions quarrelled and went out to fight at the Brickfields. George Yeoman accompanied by two or three others came to look on. An order having been read in Parade yesterday forbidding the Company from associating with prisoners, I desired Yeoman and his companions to go away which he refused upon which I pushed him when he struck me and made use of the most abusive language and retiring a few paces drew a knife and threatened to rip my guts out; he then pulled out a note and offered to fight any three men of the Company. Francis Paine, soldier in the 3rd or Buffs gave similar evidence.....William Wilson, soldier in the Buffs stated....as he came forward Davison laid his hand on him upon which Yeomans immediately put himself in a fighting attitude and struck at Davison who warded off the blow with his arm; Yeoman then offered to fight any three men . One of my comrades replied that we did not want to have anything to say to him or there were plenty of men there able to fight him. On which Yeoman replied O. Damn your eyes, I have often heard say it takes three soldiers to make a man and now I have found it. He took a knife from his pocket but did not open it but said...damn your eyes, I will let some of your guts out...... Question by George Yeomans...Did not you know that I am a free man?. Answer...One of the Company said so...The complaint was dismissed


181825
Surname: Palmer (3rd regt) (Buffs)
First Name: George
Ship: -
Date: 11 May 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Charles Wood per ship Princess Royal and William Preston per ship Shipley, both in government service, charged with theft.....James Collins being duly sworn states - On Monday night between the hours of eight and nine I and the watchman belonging to the lumber yard went over to Rileys to get a glass of liquor. Previous to going we fastened the windows of the small office in the lumber yard where I, Howard (Mr. Dixons Clerk) and the watchman sleep and where in fact we live. Whilst the watchman and I were seated at Rileys, Wood came in and seeing us he asked me if I knew where Howard was, I said no, upon which Wood immediately went away. Soon after the watchman and I went back to the lumber yard, but did not immediately go to the office. As we went in at the gate, I saw a man going away, he was between twenty and thirty yards off. I thought it was Wood and I said so to the watchman, but the night being dark, I cannot be positive but so fully persuaded was I that it was Wood that I hailed him twice by the name, but no answer was returned. In about ten minutes we opened the door of the office and went in when we discovered that the window had been forced and our blankets and clothing had disappeared. It immediately stuck me that Wood was the thief. I lost no time in informing a constable of what had happened and I ascertained from him where Wood lodged. I went to his lodgings but he was not at home. George Palmer, soldier of the Buffs states - On Monday night I was sentry at the stores. About nine oclock two men came up the street whom I challenged, they answered - Friends - and one of them asked me what oclock it was. They then crossed over to Mr. Smiths and one of them knocked at the door whilst the other stood at the paling, the door was opened but was instantly closed again, admittance being refused them. They then passed on towards Wallis Mill, conversing together. I heard one say to the other something about leaving all to his generosity and the other said as they came near me - You shall sleep with me and I with you, for we have never been out of each others sight since we planted it. This language led me to think that something wrong was going forward and I watched them till I saw them enter a house on the Hill, the door of which fronted my post. I told a passing constable what I had heard and directed him to the house. No one entered or came out of the house after I saw the two men go into it till the constable went in and brought them out....From the voice I think it was Preston who asked me what oclock it was. He wore a hat resembling Prestons - a sailor looking hat. Peter riley, constable, states - On Monday night Collins came and told me his lodgings had been robbed and that Wood was the man who did it. I proceeded up the street and at the Commissariat Stores the sentry told me he had heard some very suspicious language from two men passing by a short time before and he showed me a house on the hill where they were, and on my going to the door which was open I heard Preston say to Wood - Let us be out again and drive on the ....I took the in custody. The prisoners deny the charge generally. Preston admits having gone to Smiths as stated by the Sentry but says no one was with him, says that Wood came to his house some time after he had got home to call him to work in the mines, theirs being night duty. Witnesses for the defence - John Kendall states - Wood and Preston came to me Monday evening after dark , they asked me to go with them to drunk, I would not go, they stopped at my place next door where Preston lives about ten minutes only. They were together the greater part of Monday. I saw them drinking in the course of the day at three different public houses. John Tipton states On Monday evening I heard Wood and Preston talking to Kendall but I know nothing further about them .Charles Wood and William Preston sentenced to 3 years in a penal settlement


212309
Surname: Palmer (3rd regt) (Buffs)
First Name: Private George
Ship: -
Date: December 1825 - March 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle


212383
Surname: Palmer (3rd regt) (Buffs)
First Name: Private George
Ship: -
Date: March - June 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle


212310
Surname: Phillips (3rd regt) (Buffs)
First Name: Private Joshua
Ship: -
Date: December 1825 - March 1826
Place: Wallis Plains
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Wallis Plains


212384
Surname: Phillips (3rd regt) (Buffs)
First Name: Private Joshua
Ship: -
Date: March - June 1826
Place: Wallis Plains
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Wallis Plains


182299
Surname: Quinn (3rd regt) (Buffs)
First Name: Charles
Ship: -
Date: 20 December 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Henry Lewis per ship Guildford, in Mr. J. Newton s service and Michael Lane per ship Daphne in government service, charged with theft. Charles Quin, soldier in the Buffs, states - I was at Mr. Cheers House the night before last. I had been drinking and had taken too much. When I got sober I missed some money from my pocket. I found that the fob in which my money was had been cut; the money was knotted up in an old black silk stocking. There were about 1 pound 13 shillings in English shillings. The piece of the fob and the silk stocking ow before the court are my property and are those taken from me when I was robbed of my money. John Neale a free man states - I was at Mr. Cheers house on Monday night about 7 o clock. I saw Quin there in a state of intoxication. The prisoners were drinking at a little distance from him. I saw Lewis put his hand to Quins watch pocket and take something which I supposed was his watch. Lewis made off immediately. I followed him and laid hold of his jacket pocket in which I felt a lump, which I still thought to be a watch. I told Lewis he had better return the property he had taken to the owner of it but he rushed away in doing which he pulled me to the ground on my knees. I got on my legs and followed him calling aloud for assistance. He was met near the Chief constables house by some constables who stopt him; I told the chief constable all I have now stated and that I was sure he had robbed the soldier of something. I never lost sight of Lewis from the time he meddled with the soldier until he was stopt by the constables .The following morning I accompanied the constables to search for the money which it had been ascertained had been stolen from the soldier. We were a good while looking for it without success. I was at a little distance from the other constables when looking over the paling of Mr. Muirs yard I saw some money scattered about and the stocking lying near. I called the constables who picked up the money. George Muir states - On Monday evening immediately after I had attended the Barrack muster, I heard an exclamation of stop thief. On approaching the place form whence the noise came, which was close to my house I found three or four persons assembled who accompanied me to the rear of my premises where we met Lewis who appeared to have come from the Gully which is close by. I searched him but did not find anything suspicious. I ordered the constable of the night to keep a good look out on the spot where I had stopt Lewis and the next morning the money etc were brought to me by Constable riley. Neale was close to Lewis when he was taken and accused him of having robbed a soldier at Mr. Cheers house. Constable Peter Riley states - I was present on Monday night when Lewis was taken as described by the last witness. I was the constable of the night and kept a particular look out on the spot to see that no one came there during the night. The next morning a search was made for the stolen property. Neale saw the money through the paling and I went and picket it up; it was quite near the place where Lewis was taken the night before. He must have passed close to it as he came along the Gully. The prisoner states in his defence - I was drinking at Cheers house on Monday evening. On leaving it to go to my lodgings I was followed by Neale who stopt me on the outside and demanded his regulars. I told him I did not understand what he meant and I pushed him away and proceeded on towards my lodging when I was stopt by the constables; I had no reason for going by the unfrequented path I did in the rear of Mr. Muirs house; I know nothing of the robbery; when Neale stopt me at Cheers and accused me of having robbed the soldier of his watch, another soldier came to the door and said that the watch had not been stolen. Henry Lewis sentenced to 3 years to a penal settlement. Lane acquitted.


212311
Surname: Quinn (3rd regt) (Buffs)
First Name: Private Charles
Ship: -
Date: December 1825 - March 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle


212385
Surname: Quinn (3rd regt) (Buffs)
First Name: Private Charles
Ship: -
Date: March - June 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle


212386
Surname: Rather (3rd regt) (Buffs)
First Name: Private William
Ship: -
Date: March - June 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle


212313
Surname: Reed (3rd regt) (Buffs)
First Name: Private Benjamin
Ship: -
Date: December 1825 - March 1826
Place: Newcastle
Source: War Office Records. File 2119. AJCP Reel No: 3696/3rd Regiment: East Kent (Buffs)
Details: Stationed at Newcastle