Sunday, February 9, 2014

Jan 1847 happenings

The most interesting article this month relates to a debate in court in VDL on billeting of soldiers to inns, and the legal requirement that inns accept these billets. Also this month, the movement of the headquarters of the 11th from Sydney to VDL occurs.

The Sydney Morning Herald (NSW : 1842 - 1954)
Wednesday 6 January 1847
GENERAL ORDER
Head Quarters,
Sydney, 5th January, 1847.
His Excellency the Lieutenant-General Commanding, cannot permit the head quarters of the 11th Regiment to leave this colony for Van Diemen's Land, without testifying to them in the strongest terms of approbation his sense of their uniform good conduct, admirable discipline, and high state of general efficiency, as evinced during the twelve months they have been garrisoned in Sydney.
The Lieutenant-General believes that there are few   corps which, exposed for so considerable a period to the temptations of a large city, could have exhibited greater proof of exemplary conduct than is shown in defaulter and court martial returns of the head quarters of this Regiment.
His Excellency requests Lieutenant-Colonel Bloomfield will convey to the officers, non-commissioned officers, and soldiers, under his command, this assurance of his entire approbation, as well as his regret, that the duties of the service should render necessary the departure of the 11th Regiment from the head quarters of these colonies.
By command, &c,
G. C. MUNDY, Lieutenant-Colonel,
Deputy Adjutant-General

The Cornwall Chronicle
Wednesday 6 January 1847
{As part of a very long article on a case of assault at an inn in Deloraine, VDL, a member of the 11th gave evidence as a witness:}
Thomas Blackburn — Am a private in the 11th regiment ; on the afternoon of the 1st November I was at Deloraine at the house of William Williamson; saw several people in the home : was not drunk when I went there, but the mistress of the house fetched us some beer ; there were a great number of  people there : I got drunk, went away, and returned again about four o'clock : the people were all drunk about the house : Mrs. Williamson was drunk : I went into the house and saw Williamson come in with bis face all covered with blood ; the mistress then shut the door, and would not let me go out : Williamson was making a mournful cry ; I washed his face, and tried to make him speak, but be seemed more inclined for rest : I then went home : I again saw the deceased on the Tuesday, and he seemed then to be sensible : during the time I was in Williamson's there was no other soldier there.

The Sydney Morning Herald
Tuesday 12 January 1847
SHIPPING INTELLIGENCE
DEPARTURES
January 11 -Java, ship, Captain Parker, for Hobart Town. Passengers- Lieut.-Colonel Hulme, Captain Eyton, Lieutenant Barclay. Lieutenant Mundie, Ensign Wilmot, Assist- ant Surgeon McAndrew, Mrs. and Miss Hulme, Master Hulme, and 147 rank and file of the 90th Regiment, with l8 women and 43 children ; Lieut. Colonel Bloomfield, Lieutenant Ward, Lieutenant Ball, Lieutenant Goode, Adjutant L. A. Boyd, Quartermaster Grant, two Misses Boyd, Mr. Swainston, Miss Grant, 174 rank-and file of the 11th Regiment, 31 women, and 45 children.

Launceston Examiner
Saturday 16 January 1847
MISCELLANEOUS. The steamer Shamrock came sip the river last evening. She has made an excellent passage, having left Moreton Bay on the 1st, Newcastle on the 3rd, and Sydney on the 5th instant, and arrived at the Queen's Wharf, Melbourne, early on Sunday morning. A large concourse assembled at the wharf, anticipating that the band of the 11th regiment was on board, but they were disappointed.

The Cornwall Chronicle
Saturday 16 January 1847
Police Office, January 11.— Upon the termination of the Quarter Sessions business (reported elsewhere) the Bench continued sitting for the purpose of adjudicating in the matter of DURIEAU vs TUCKER.— Defendant resides at Ross, and keeps an Inn known as the 'Scotch Thistle.'
The information charged him with a breach of the Quarter Sessions Act, in refusing on a certain day, to receive and entertain eight soldiers of her Majesty's 11th regiment of Foot, billetted on him by Mr.
Constable Iles.
Mr. Stilwell who attended for the defence, took an objection to the information, inasmuch as it failed
to set forth (in the terms of the Act) that at the time of the refusal the said soldiers were on their march. He contended (with all due submission to the Bench) that this objection must prove fatal, and cited the
case of ' Wilson v. Gage,' recently dismissed in that office, in support of his opinion. In this latter instance the defendant Gage was charged with rescuing cattle from the custody of the plaintiff Wilson.
The case fell to the ground, in consequence of its not being alleged in the information that the said Wilson was a constable— the Act specifying that it should be lawful only for a constable to impound cattle straying upon the public road.
Mr. Henslowe.— -The analogy between the two cases does not strike me, Mr. Stilwell.
Mr. Stilwell. — I am sorry for it, your worship, as in my humble opinion the resemblance is scarcely to be mistaken since jn no instance of the kind can the law take cognizance of an offence (if such it may be termed) so vaguely and unsatisfactorily expressed.
The learned gentleman then proceeded to point out to the Bench that— for aught the information alleged to the contrary, the soldiers might have been residing at Ross, at the time of Mr. Tucker's refusal, and that had such indeed been the case, the ....tain them. It was essential in all these cases to be
extremely explicit, and hence the necessity of adhering strictly to the legal verbiage of the statute.
Besides, it was an universally recognised principle in law, not to admit the proof of anything which had
not previously been specified on the face of the information.
The Chief District Constable here remarked, that he was prepared to prove, by the testimony of competent witnesses, that the soldiers were on their march.
Mr, Stilwell (smiling). — Yes, my good friend, but it so happens that you cannot be allowed to do so.
After consulting for a few minutes, the magistrate ruled the objection to be fatal, and dismissed the
case.
Mr. Stilwell then, on behalf of defendant, applied to their worships for some positive information concerning the number of soldiers which he might, in any subsequent period, be called upon to receive into his house. It was far from his wish to oppose or embarrass the authorities, and he would therefore
cheerfully undertake to do all that in this respect, might lawfully be demanded of him. In compliance
with the terms of his recognizance, be bhd upon the late occasion consented to accommodate six soldiers and two officers, whereas on the other hand, seven of the former, and none of the latter description, had been sent to him.
In reply to the above application, the police magistrate remarked — that although, individually speaking, he had no objection to offer his advice, he nevertheless, wished it to be distinctly understood, that he did so in his private capacity only. The question at issue was one over which the magistrates
could exercise no discretionary power. The act in one of its clauses provided that a general assessment
should take place, and that, in accordance with the terms of such arrangement, every licensed victualler
should become liable to 'billet' just as many men as the extent and capabilities of his premises might seem to justify. The above clause had, however, never been acted upon, and hence, the present unsettled state of the question. As the Act stood at this moment, there was no limit to the number which a publican might be called upon to receive. The statute went no farther than to provide for the 'billetting' of soldiers, but the question of number bad not as yet been agitated. Had the case against defendant been proceeded with, and a conviction ensued, an appeal to the 'Quarter Sessions' might have had the effect of determining whether or not the resources of the former had been unreasonably taxed. However, under all the circumstances, he (Mr. Henslowe) would advise the licensed victuallers to appeal to the government on the subject, since it would be absurd to suppose, that a commanding officer could limit to the number of six, every detachment he might be called upon— simultaneously to despatch.
Mr. Stilwell. — And it would be equally absurd to imagine that any publican could entertain from four
to five hundred men.
Mr. Leake suggested to Mr. Tucker the propriety of issuing (in the name of himself and his brother-publicans) instructions to Mr. Stilwell, to prepare the draught of a petition to the legislative council on
the subject of the above-named grievance.
Mr. Stilwell returned thanks for the suggestion, and the discussion terminated.

The Cornwall Chronicle (Launceston, Tas)
Wednesday 27 January 1847
ELEVENTH REGIMENT — GENERAL ORDER.
Head Quarter, Sydney, 6th January, 1847.    
His Excellency the Lieutenant-General commanding, cannot permit the head quarters of the 11th regiment to leave this colony for Van Diemen's Land without his sense of their uniform good con- duct, admirable discipline, and high state of general efficiency, as evinced during the twelve months they have been garrisoned in Sydney.               
The Lieutenent-General believes that there are few corps which, exposed for so considerable a period to the temptation of a large city, could have exhibited greater proof of exemplary conduct than is   shown in defaulter and court martial returns of the head quarters of the regiment. His Excellency requests Lieut.-Col. Bloomfield   will convey to the officers, non-commissioned officers, and soldiers, under his command, this assurance of his entire approbation, as well as his regret, that the of the service should render necessary the departure of the 11th regiment from the head quarters of these colonies. 
By command, &c. W.C. Mundy,     
Deputy Adjutant-General               
THE ELEVENTH REGIMENT. - The head quarters of this fine regiment, under the command of Lieutenant Colonel Bloomfield, embarked on Wednesday afternoon on board the Java for Hobart Town. During their short stay in Sydney, this corps gained the good will and respect of the citizens by their orderly conduct; and their gallant commander was well and deservedly respected for his urbanity, and the desire he always evinced to contribute in various ways in the amusement and comfort of the citizens. Whenever his men were on duty, no surly or selfish orders to "stand off the grass" were ever issued, the numerous passengers through the barrack square were free to come and go as they pleased, without being compelled to take a long round in order to pass through. We are satisfied that the good wishes of the citizens will accompany the regiment to their new quarters. - Sydney Chronicle.                

The Maitland Mercury & Hunter River General Advertiser (NSW)
Saturday 30 January 1847
SHIPPING INTELLIGENCE.
(From the Sydney Morning Herald.)
27.- Dorset, brig, 82 tons, Captain Walsh, from Adelaide the 12th instant. Passengers - Captain and Mrs. Hart and daughter, Mrs. Wetherington and daughter, Dr. Marshall of the 11th regiment, Mr. Cameron, and Mr. Williams.


No comments:

Post a Comment