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Bryson Charles ANDERSON

Bryson Charles ANDERSON

AKA Bryce ANDERSON, Bryson ANDERSON

Son of Rex ANDERSON, NSWPF # 8681

New South Wales Police Force

Regd. #  23020

Academy Class:  222

Rank: Police Trainee – commenced 18 August 1986,

Probationary Constable – appointed 7 November 1986,

Constable 1st Class – appointed 1991,

Detective Constable 1st Class – appointed November 1993,

Sergeant – appointed 2004,

Detective Inspector – appointed 2009,

Duty Officer – from 19 December 2010

Detective Inspector

 

StationsGoulburn Academy, Parramatta G.D’s, Granville, Ermington, C.I. Duties – Granville, Castle Hill, Task Force Boyne, Ermington, Rosehill, Special Crime, Internal Affairs, Hawkesbury L.A.C.

 

Service:   From  18 August 1986   to  6 December 2012 = 26 years, 3 months, 18 days Service

Age at Leaving: 45 years, 10 months, 20 days

Time in Retirement:  0

 

Awards:  National Medal – granted 22 July 1993 ( SenCon )

NSW Police Medal together with 1st & 2nd Clasps

Commissioner’s Unit Citation – 2003 for Highly professional investigations

1st Clasp to the National Medal – posthumously

3rd Clasp to the NSW Police Medal – posthumously

Valour Award – posthumously

 

Born:  Monday 16 January 1967

Died on:  Thursday 6 December 2012

Cause:  Murdered – Oakville, NSW

Age:  45 years, 10 months, 20 days

 

 Funeral date:  Wednesday  12 December 2012

Funeral location:  St Patrick’s Cathedral, Parramatta, NSW

 

Buried at:   Cremated

Memorial location:  Outside of Windsor Police Stn, NSW

Memorial dedication performed on Tuesday 6 December 2022 upon the 10 Anniversary of his Murder.

BRYSON IS mentioned on the Police Wall of Remembrance

 


The Commissioners Press conference.

http://www.abc.net.au/news/2012-12-06/p … ck/4413626

Two people have been arrested after a senior police officer died after sustaining critical injuries in an axe attack in Sydney’s north-west.

Police say Detective Inspector Bryson Anderson was among a number of officers called to a dispute between neighbours at Scheyville Road in Oakville about 2pm (AEDT).

About two hours later, Detective Inspector Anderson was seriously injured in what is understood to have been an axe attack.

 Det Insp Bryson Anderson killed with an axe on Thu 061212

 

After treatment by paramedics he was rushed to Windsor Hospital in a critical condition but died a short time later.

Police Commissioner Andrew Scipione said a 19-year-old man and a 42-year-old woman had been arrested at the scene and taken to Windsor Police Station where they were assisting investigators with their inquiries.

Mr Scipione said Detective Inspector Anderson was from a police family and had left a wife and three children.

“They are, as you imagine, distraught, but taking strong support from not only their immediate family, but the police family.

“We will console officers that were part of this particular operation.

“They, as you would also imagine, are traumatised and all support services have been put around them.

“I’ve got to say the strength and courage that is being shown inside (the hospital), not only by the police that are there, but also by the family, is incredible.”

 

Photo: Police say the officer was called to a dispute between neighbours in Oakville.

 Det Insp Bryson Anderson killed with an axe on Thu 061212  

 

 

 

Mr Scipione said he could not provide too many details of the events leading up to the attack given the investigation was in its early stages.

“I understand the (neighbourhood) dispute did involve the use of some weapons, but again having said that, we want to get to the bottom of this investigation before we start making too many statements,” he said.

“Suffice to say it was a violent neighbourhood incident that caused the police to attend and there were many police there.

“Some time after they first attended, there was an interaction which led to the death of Inspector Anderson.

“I understand they were trying to communicate with affected parties and were looking to resolve this peacefully.”

Mr Scipione said Detective Inspector Anderson had worked for him more than 10 years ago and paid tribute to his skills as an investigator.

“He was nothing short of a role model to those officers that come after him,” he said.

“Today is a stark reminder how dangerous this job is. These people do this in such a way they put their lives before the lives of others.

“You have an idea what the price is today.”

Anyone with information about the incident are being asked to call Crime Stoppers on  1800 333 000  or use the Crime Stoppers website.


 

RIP  Bryson

A tribute from our Commissioner

Today ( Wednesday 12 December 2012) we honour a brave man. Bryson Anderson. A police officer, and so much more.

A man who was so deeply respected by the community in which he lived, worked and devoted much of his spare time.

A true man of the people. His service to the community was far greater than simply those days when he wore that blue uniform with such pride and distinction. And of course, Bryson was a loving husband, father and brother to his own family. To this family we owe so much. A debt of gratitude for the support you gave Bryson as he went about his duties. Police officers understand that each day they go to work, they put their lives on the line. This tragedy reminds us all of the sacrifice that goes with that understanding. Our community will always rely on men and women of courage who are willing to put up their hands to serve and protect. Bryson Anderson stood tall in their ranks. Detective Inspector Bryson Anderson, friend, you have left us with an enduring legacy, a standard to which we can all aspire and for which we are forever grateful. You will always be remembered.

Andrew Scipione

12 December 2012


 

Valedictory for Detective Inspector Bryson Anderson

Date 

 

As delivered by NSW Police Force Commissioner Andrew Scipione APM

At 3.30pm on the 6th of December 2012, Detective Inspector Bryson Charles Anderson arrived at the scene of a neighbourhood dispute at Oakville near Windsor that had escalated beyond all reason.

He went to lend support to fellow officers who were seeking to bring matters to a peaceful resolution.

It was not to be.

The approach of police was resisted and Detective Inspector Anderson was fatally wounded.

Detective Inspector Anderson was rushed by ambulance to Hawkesbury Hospital but died as a result of his injuries.

Bryson Charles Anderson began his career as a trainee police officer on the 18th of August 1986 and attested on the 7th of November 1986.

His first general duties posting was here in Parramatta. That was followed by others to Granville and Ermington.

While at Granville in 1991, Constable First Class Anderson commenced criminal investigation duties, successfully gaining his designation as a Detective in November 1993.

Bryson’s designation was a defining moment in his policing career and he quickly displayed an aptitude and an enthusiasm for criminal investigation that was soon recognised by his commanding officers.

At Castle Hill, Task Force Boyne, Ermington, Rosehill and then within Special Crime and Internal Affairs, Bryson honed his detective skills. He was dedicated, analytical and meticulous.

A thoroughly good bloke. I worked with Bryson … and I can vouch for that.

In 2004, promoted to sergeant, Bryson returned to general duties. This time it was to Hawkesbury Local Area Command, where he was to spend three years as a supervisor.

In 2007 criminal investigation was again to beckon, Bryson seizing the opportunity to return to Special Crime and Internal Affairs … now known as Professional Standards … where he applied his skills to covert investigations. There he was promoted to the rank of Detective Inspector in 2009.

What was to prove Bryson’s final posting was back in Hawkesbury. He took up the role of Duty Officer in Hawkesbury Local Area Command on the 19th of December 2010, and served with distinction in that role until the moment of his passing.

Throughout his service Detective Inspector Anderson undertook extensive internal training in his chosen policing specialisation.

He was awarded the NSW Police Medal; the National Medal; as well as the first and second clasps to the NSW Police Medal.

In 2003 he received a Commissioner’s Unit Citation for highly professional investigations.

He will posthumously receive the first clasp to the National Medal and the third clasp to the NSW Police Medal.

Impressive as they are, the bare facts I have recounted do Detective Inspector Bryson Anderson little justice. Those who knew him … know that Bryson the man transcended … in achievements and in potential … any chronology of this type.

Those that know it best of all are Bryson’s wife, Donna, and his three children, Olivia, Darcy and Cain. It is with them that Bryson, devoted husband and father, was closest. And it is they who, tragically, must now manage without his love, strength and support.

Bryson’s father, Rex; mother, Shirley; and brothers Warwick and Damian also know the calibre of the man. Bryson’s is a profound loss, but be assured his life was just as profound a credit to you. I know for certain that he enriched the lives of all of us in the NSW Police Force who had the good fortune to know him.

What the record does not disclose is Bryson’s wholehearted embrace of community service.

Even when on holiday, Bryson was thinking of what he could do for others. On packing his bags last year for Vanuatu, in with the board shorts and sunscreen he found room for gifts and sporting equipment for the local village kids.

The demands of policing are great: more than enough for most of us, and often more than a full-time job. But not for Bryson. He was retained as a fire-fighter, serving for eight years between 1994 and 2002 at Number 81 Station, Windsor, rising to the rank of Deputy Captain.

And it didn’t stop there. Bryson coached a number of junior soccer teams for the Colo Soccer Club. And on the day before he died he took part in the final leg of the Law Enforcement Torch Run for Special Olympics, held in Windsor, an event which five months earlier he volunteered to organise.

Bryson loved the Hawkesbury area, where he lived and worked most of his adult life.

And innumerable people, from the Hawkesbury and elsewhere, loved and admired Bryson in return. His personnel file is full to overflowing with complimentary remarks and letters of appreciation, many from the community and victims of crime, moved to write in gratitude for the care, dedication and professionalism with which he went about his work.

In Vanuatu, upon hearing of his passing, the villagers whose lives Bryson had so selflessly touched while on holiday held a service in his memory.

He was equally admired by his fellow police officers, myself among them. On the one hand, a tenacious and committed police officer, driven to pursue offenders for the darkest and most serious of crimes. Yet retaining the most extraordinary empathy, compassion and concern for the victims of those crimes.

He showed initiative and leadership; intelligence and perseverance; dedication and humility; and, memorably, a ready smile and an engaging way. Bryson drew people to him, without guile and without effort. The workplace was a better place for him being there.

The tributes from his fellow officers were immediate and many. They tell variously of a proud husband and father, a keen motor cyclist, an active participant in sporting clubs, and, invariably, of a superb police officer.

He made his vast store of policing wisdom available to young officers but never imposed it. More likely were those officers to hear from Bryson an encouraging “Just play your natural game, it’s first class” – one of his favourite sayings – to go with some tip or insight he’d somehow manage to convey.

Reflecting on her career, one officer … echoing the thoughts of many others I am sure, wrote: “Bryson you are an amazing officer and an even nicer gentleman. I formed this opinion 20 years ago as a naïve female probationary constable. I still hold the same opinion now. You will be truly missed”

There can be no doubt Bryson will be missed.

He lived for the community, died serving it and deserved much better.

His death reminds us that law and order are not givens. They come at a price and that price, on occasion, is a prohibitive one.

With Bryson’s death we realise, suddenly, even if belatedly, that ours is a society worth defending.

We realise that our hard won freedoms and protections are vulnerable and easily demolished.

We realise that not only is each individual’s life precious and fragile … but that so too is our way of life.

We meet Bryson’s death with grief and tears, but that can’t be allowed to suffice.

If he could lend us his voice, I’m sure Bryson would agree that now is not the time to be timid or defensive. It is not a time to be apologetic, nor a time for retreat.

The anger and regret we all feel – for Bryson’s sake and for the sake of all of the officers who have fallen before him – need to find constructive expression. As a society we need to rise up to repudiate violence, however and wherever we can, with all the energy we can muster.

For his wider police family … of which all police officers and their families are a part … Bryson’s death will neither be forgotten nor be in vain. Bryson’s courage and conviction inspire us now … and will into the future. We will continue to protect and serve the community as Bryson did. Of that he can be sure.

It is my honour today to posthumously confer two awards on Detective Inspector Bryson Anderson.

The National Police Service Medal: recognising Bryson’s ethical and diligent service in protecting the community.

And the Commissioner’s Valour Award for the conspicuous action and exceptional courage he displayed at the incident in Oakville where he lost his life. After being attacked with a knife and sustaining wounds that would prove fatal, Detective Inspector Anderson went to the aid of a fellow injured officer without hesitation.

In part the valour citation reads:

Conferred for conspicuous merit and exceptional bravery whilst under attack during the execution of his duties at Oakville on Thursday, 6 December 2012.

By his conspicuous actions and exceptional courage in a dangerous situation, Detective Inspector Anderson evinced the highest standards of the New South Wales Police Force and is so conferred with the Commissioner’s Valour Award.

I am deeply honoured, and indeed privileged, to be able to represent every member of the New South Wales Police Force here today to farewell a man who served his community with courage, honour, and distinction.

A loving husband and father.

A prized friend and colleague.

A police officer.

Our prayers are with you Bryson. May you rest in peace.

 

http://www.smh.com.au/nsw/valedictory-for-detective-inspector-bryson-anderson-20121212-2b9e2.html


 

Homily for the Funeral Mass for Detective Inspector Bryson Anderson, St Patrick’s Cathedral Parramatta, Most Rev Anthony Fisher OP, Bishop of Parramatta
Wednesday, 12 December 2012 02:57:38 PM

Any death is a loss. The death of a loved one before time is worse. A senseless, violent, innocent death is even more appalling. But a death in the line of duty hits us especially hard. Why is that?

Our word police comes from the Greek word polis, meaning the city-state, its citizens and civilisation. Police are appointed to keep order in the polis and protect persons and property. The word politician comes from the same root, for they too work for the people, with our bureaucracies and courts. Yet none of these is in the front-line the way police are.

We all shelter behind our police officers’ sense of law and order, their character and courage, their instincts, reactions, negotiating and other skills. Detective Inspector Bryson Anderson devoted his life to providing such shelter for his family, friends and community. He lived for this and this was a gift to us all; he died for this and this affronts us all.

His fellow officers also mourn his passing, as Commissioner Scipione testified. I first got to know the Commissioner and his people in the lead-up to World Youth Day in Sydney in 2008. It was a time when hundreds of thousands of youth threw them kisses and told them God loved them and they loved them. If only it was always so! One such beloved of God and people was described in our first Scripture reading today (Wisdom 4:7-15). Being virtuous, untarnished and God-pleasing, the man in that passage was ready for God sooner than most.

Bryson’s fellow officers tell me he was such a man, and that his integrity inspired them. That his death has left them in shock is a sign of that bond within the police family said to be as thick as blood.

Of course, policing was literally in Bryson’s blood, as his father and brother both served in the force, Rex for many years here in Parramatta. When I saw Donna and the family after the terrible news, there were policemen present as if they were his own brothers. Such a death must make all officers aware of their own mortality, must bring to the surface daily anxiety for the safety of the public, their comrades and themselves, and so too for beloved spouses who might be widowed or children orphaned. But it also brings out into the open their fraternity and courage.

Thousands are here today to pray for Bryson and the Anderson family, to share in their natural sorrow and supernatural hope. But proud as they must be and however comforted by our presence, they still have the very personal grief of ones who’ve lost husband, father, son and brother.

Perhaps they are asking themselves: How could an argument over a bird cage end so horribly? Why do bad things happen to good people? Why does God permit such things? Well, God could have made us robots, obedient to His every command. Instead He took the great ‘gamble’ of making us free, able to choose good or evil. He does everything to persuade, encourage, inspire us to live lives of service and self-sacrifice.

Some of us do. Most of us try. Some don’t. When bushfires, floods or other natural evils hurt innocent people, we know that these are part and parcel of a world that is beautiful and bountiful but has its own law and order.

The real mystery for us is man-made evil: why human beings do terrible things to each other, why they misuse the godlike gifts of freedom and intelligence. Like those in our first reading, we “look on uncomprehending”. Few of us will face death by an assailant’s knife or have that happen in our family. But when our own crosses come, we too must try to make some sense of it. In Jesus Christ, we believe, God fully embraced our human condition, including His own violent death as an innocent man before his time.

Why was it necessary for Christ to suffer? Because that was where humanity was. To redeem us, He had to go where we are. So God became a real human being, with friends and enemies, hopes and fears, who wept for His dead friend Lazarus, and later cried out tired, frightened, abandoned.

God in Jesus Christ is the great realist: no evasion, no false front, no easy escape; no pretending away the sin of the world or the suffering of ordinary lives. But He did what any man, any God-made-man, could do.

The problem of evil drives some to atheism, some to despair. But it draws some to the Crucified One, to unite their sufferings with His, as He united His whole being with them at Christmas and beyond.

This doesn’t ‘magic away’ all that is unpleasant; we may still ache that someone we love has been stolen from us. Our hearts may be troubled as Jesus’ was (John 12:27, 13:31). But in time faith can bring new perspective, the courage to face the human condition, the grace to grow through this stage of our life, and compassion for others who suffer also.

Any faith or philosophy worthy of us must face evil straight on. Every police officer knows this. Euphemisms and positive thinking will not do; neither will glorifying evil or emptying it of its mystery. From the side of the Crucified God flows the blood and water of human life and death. But from there, too, flows hope for every hurting heart, every fragile person, even for the dead.

2012 is the sesquicentenary of the New South Wales Police Force and was supposed to be a year of celebration for them. Yet it began with the killing of Senior Constable Dave Rixon and ends with the killing of Detective Inspector Bryson Anderson. He is the 14th to be killed on duty since 1980. Death is no respecter of office, rank or character. And so this week a family, a force, a whole state join Christ in His Passion. We are joined with Him in His mortal combat with evil: proposing the good and beautiful and true to all; preventing violence and injustice where we can; comforting the victims, those who suffer for justice’s sake and those who mourn them.

In our Gospel passage, Christ called Himself the Way, the Truth and the Life for every troubled heart (John 14:1-6). His life offers us the way, as it did to Bryson, the way of justice, mercy and peace. Christ’s death offers us the truth, as it did for Bryson, the truth about human fragility and promise, freedom and intelligence for good or evil. And His Resurrection offers us the life, as it does for Bryson, life eternal for every noble soul.

2012 should have been a year of celebration for police officers and still it should be: a celebration of what is most worthy in the force and in those who bring it credit. It should have been a time of pride and joy for the Anderson family: that will come later, as they treasure what Bryson gave to them and to us all.

But for now: “We seem to be giving Bryson back to you, O God, who gave him to us.
Yet, as you did not lose him in giving him to us, so we do not lose him by his return. For
you do not give as the world gives, O Lover of souls: what you give you never take
away … For life is eternal, and love immortal, and death is only an horizon, and the
horizon is no more than the limit of our sight.

“Lift us up, strong Son of God, that we may see further. Cleanse our tearful eyes that
we may see more clearly. Draw us closer to yourself, that we may know ourselves to be
nearer to Bryson, now that he is with you. And while you prepare a place for us (John
14:1-6), prepare us also for that happy place, that where you and he are, we may be
also, for evermore.” (Prayer of Fr Bede Jarrett OP)

Detective Inspector Bryson Charles Anderson (1967-2012) – Find a Grave Memorial

 

 

 


Insp Bryson Anderson - Murdered 061212 - 05Insp Bryson Anderson - Murdered 061212 - 04Insp Bryson Anderson - Murdered 061212 - 02

Insp Bryson Anderson - Murdered 061212 - 01

Insp Bryson Anderson - Murdered 061212 - 03

National Police Wall of Remembrance
National Police Wall of Remembrance

 

bryson-charles-anderson-nswpf-memorial-plaque

bryson-charles-anderson-nswpf-rotary-club-and-hawkesbury-lac

Bryson ANDERSON IS mentioned on the National Police Wall of Remembrance, Canberra


Mitchell Barbieri and his mother Fiona plead guilty to their roles in killing of decorated officer Bryson Anderson

 

THE mother and son charged with killing decorated police officer Detective Inspector Bryson Anderson have pleaded guilty on the morning their trial was due to start.

Detective inspector Bryson Anderson, 45, who was killed when he attended a neighbourhood dispute in Oakville on December 6, 2012.
Detective inspector Bryson Anderson, 45, who was killed when he attended a neighbourhood dispute in Oakville on December 6, 2012.

Mitchell Barbieri pleaded guilty to murdering the 45 year old officer, while his mother, 47, pleaded not guilty to murder but guilty of the officer’s manslaughter.

The pleas came as the jury were about to be empanelled and begin to hear the opening address.

Bryson Anderson was killed on December 6, 2012, after being called to the pair’s Oakville home, in Sydney’s north west.

Fiona Barbieri’s plea to manslaughter is being accepted on the grounds of “substantial impairment”, the court heard.

It is expected a sentencing hearing will take place next year.

Mitchell Barbieri, 21, is facing a mandatory life sentence without parole for murdering a police officer.

The Supreme Court was packed with family, colleagues and friends of Det Insp Anderson, some of whom shed tears as the guilty pleas were announced.

Artist impression of Fiona Barbieri and her son Mitchell in the dock of Central Local Court last year. Artist impression by Bernd Heinrich
Artist impression of Fiona Barbieri and her son Mitchell in the dock of Central Local Court last year. Artist impression by Bernd Heinrich

Flanked by police officers, Det Insp Anderson’s brother Warwick Anderson thanked the investigating officers for their “support and strength” and the hard work of the DPP.

He said the family was very mindful of the officers who were with his brother on the day he died and who continued to suffer physical and psychological injuries.

“The thoughts, care and prayers of our family go out to them,” he told reporters outside court.

There was still a significant way to go for his family to come to terms with the “senseless and tragic loss of Bryson”, he said

Justice Robert Hulme adjourned the case until next Wednesday, when the Crown will begin calling evidence on sentence.

Defence counsel will give their submissions to court on November 24.

Family and friends of murdered Detective inspector Bryson Anderson and police head into the king st court complex. Picture: John GraingerFamily and friends of murdered Detective inspector Bryson Anderson and police


 

 

Grave of Bryson Anderson
Grave of Bryson Anderson


 

 




Robert WATERWORTH

Robert WATERWORTH

aka  ” Big Bob, the constable “

Late of  Blackburn, Lancashire  and Field Of Mars – Parramatta

   New South Wales Police Force

Regd. #  ???

 

Rank:  Constable – appointed 20 March 1830

 

Stations: ?, Parramatta – Death

 

ServiceFrom  20 March 1830  to  27 June 1831 = 1.5 years Service

 

Awards:  No find on It’s An Honour

 

Born? ? 1789

Died on:  Monday  27 June 1831

Age:  41

Cause:  Murdered – Axe to head

 

Event location:   Governor’s Arms, 3 miles from Parramatta

Event date:  Monday  27 June 1831

 

Funeral date:  9 July 1831

Funeral location:  ?

 

Buried atSt John’s Anglican Church, O’Connell St, Parramatta

Minister – Samuel MARSDEN

 

Memorial located at:  ?

ROBERT is mentioned on the Police Wall of Remembrance

 


FURTHER INFORMATION IS NEEDED ABOUT THIS PERSON, THEIR LIFE, THEIR CAREER AND THEIR DEATH.

PLEASE SEND PHOTOS AND INFORMATION TO Cal


May they forever Rest In Peace


Constable Robert WATERWORTH<br /> Parramatta, New South Wales <br /> 27 June 1831<br />

NSWBDM = Marriage  3469/1825 V18253469 3B to Mary HAYES  &  4531/1829 V18294531 3B PLUS 652/1829 V1829652 13 – both to Sarah DUGGAN
NSWBDM = Death  V18311312 15/1831  and 9662/1831 v18319662 2c

On 27 June, 1831 Constable Waterworth was searching an area between the Windsor Road and the Governor’s Arms Hotel, Parramatta for five bushrangers who had held up and robbed a cart the previous Saturday morning. Near an area referred to as the “Veteran’s Huts” he came upon one of the bushrangers named Thomas Lucas who was cutting shingles with an axe. Lucas engaged the constable in a conversation before suddenly attacking him, striking him three times to the head and inflicting fatal head injuries. Lucas later said that he had gone into the bush to retrieve some hidden bags of sugar, proceeds of the robbery, when Waterworth appeared and, fearing the constable would discover he was one of the men he was searching for, he decided to kill him.

 

The court records of the trial of Lucas and two accomplices, Moylan and Knowles, indicates that “Lucas attacked Robert Waterworth & with an axe held in both hands inflicted a wound to the left side of the face & head, a wound & fracture of breadth of 4 inches & a depth of 1 inch“.

 

The Sydney Gazette and New South Wales Advertiser of 10 September, 1831 reported on the trial.

 

WEDNESDAY,  SEPTEMBER 7.

Thomas Lucas was indicted for the willful murder of Robert Waterworth, at Parramatta, on the 27th of June last; and John England, as an accessory after the fact.

Mr. John Thorn – I am chief constable at Parramatta; I knew the deceased; his name was Robert Waterworth; he was a constable for the district of Parramatta, about forty years of age, and six feet in height; the last time I saw him was on the 26th of June in the present year, when I accompanied him on the Windsor road, in search of some persons suspected of a cart robbery; he was armed with a gun, a pistol, and a cutlass. On the 27th or 28th, I can’t say which, he was reported absent to me by his wife, who lives on my farm, and on whom I called to enquire after him; on the 3rd of July following I saw him dead at a place called the Governor’s Arms, in the bush, about three miles from Parramatta; near some huts erected for the Veterans; he was lying on the broad of his back, with his arms stretched out, and the left side of his skull beaten in; he was dressed in a blue jacket, white duck trousers, striped waistcoat, white shirt, black handkerchief, and laced half-boots, but no hat; his feet were lying under a small oak tree which drooped over him; on the 4th of August, I found a pistol, about four miles from the spot where the body was found…

 

Constable Waterworth had arrived in Sydney as a convict on 22 September 1820 aboard the ship Agamemnon and was granted his Ticket of Leave on 30 May, 1828. At the time of his death he was aged about 42 years and was stationed at Parramatta.


 

Robert Waterworth was transported to NSW, Australia, departing England on 22 April 1820 with 178 other convicts and arriving in NSW on 22 September 1820.

He was employed as a labourer in England but was Sentenced to Life for Sheep stealing.  He was convicted at York Assizes.

When he landed in NSW, Robert was assigned to the Reverend Samuel Marsden as a farm servant on Marsden’s farm at Cabramatta. He was 31 years old
although the shipping file shows him as 21 years, Height 6 foot, of fair complexion, brown hair, hazel eyes.

1825: Married Mary Hayes who died in 1828 aged 37.

1829: Married Sarah Duggan (Princess Charlotte) she was 24 and Robert 40. They had a son James born 1830.


 

Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842),

Saturday 10 September 1831, page 3

SUPREME COURT

WEDNESDAY, SEPTEMBER 7.

(Before Mr. Justice DOWLING.)

Thomas Lucas was indicted for the wilful murder of Robert Waterworth, at Parramatta, on the 27th of June last ; and John England, as an accessory after the fact.

The ATTORNEY GENERAL, with whom was Mr. MOORE, stated the case to the Jury, and proceeded to call the following witnesses :

Mr. John Thorn – I am chief constable at Parramatta, I knew the deceased ; his name was Robert Waterworth ; he was a constable for the district of Parramatta, about forty years of age, and six feet in height ; the last time I saw him was on the 26th of June in the present year, when I accompanied him on the Windsor road, in search of some persons suspected of a cart robbery ; he was armed with a gun, a pistol, and a cutlass ; on the 27th or 28th, I can’t say which, he was reported absent to me, by his wife, who lives on my farm, and on whom I called to enquire after him ; on the 3rd of July following I saw him dead at a place called the Governor’s Arms, in the bush, about three miles from Parramatta; near some huts erected for the Veterans ; he was lying on the broad of his back, with his arms stretched out, and the left side of his skull beaten in ; he was dressed in a blue jacket, white duck trowsers, striped waistcoat, white shirt, black handkerchief, and laced half-boots, but no hat ; his feet were lying under a small oak tree which drooped over him ; on the 4th of August, I found a pistol, about four miles from the spot where the body was found ; I was acquainted with the deceased for some time, and am quite positive of the identity of his person, although the face was much disfigured ; the pistol I found by the direction of a man named Monaghan, who went with me, and pointed it out ; it was in a damp place, covered over with bushes, and not loaded ; the pan was shut, and I believe it was on half cock ; I did not know the pistol, but it was similar to that which Waterworth had ; I also found a musket, about 50 yards from where the body of the deceased was found ; this was on the 4th of August ; I was taken to the place by Monaghan ; the musket was loaded, and was of the same sort of musket as had been issued to Waterworth ; on the same day, I found three empty sugar-bags, on the side of the Kissing Point Road, in the bush, by the information of Monaghan ; the place where I found the bags was about three miles from where the body lay ; I took the whole of the articles I found to the police office ; on the tree, towards which the feet of the body lay, were marks such as an axe would make ; about a fortnight ago, I got an axe from the prisoner England‘s, at Parramatta, and another at Patrick Goggin‘s who lives opposite to England‘s ; the axe at England‘s was lying openly in the yard ; after searching at Goggin‘s, for some time, I could not find the axe, but as I was going away, Goggin called me, and gave it to me ; a man named Cohen, who was in charge of England‘s place, was with me at the time ; the axe so given by Goggin was quite damp, and seemed as if it had been buried in sand ; on the head of it I observed some hairs, but whether human hair or the hair of a beast I could not say; I saw one long hair on it which I believed to be the hair of a human being, and I also observed a soft fleshy substance on the head of the axe ; the iron part of the axe was marked with the initials of England‘s name, I. E. ; when I left the deceased on the 26th of June, he had no musket with him, but he then went home, and I saw his musket standing at his door; the arms issued to the deceased by Government, were a musket, a pistol, and a cutlass ; the body was found about 2½ miles from the house of the deceased ; I have not been in the house since he was missing.

Thomas Atkinson – -I am a Sawyer, and live between the rocks, at the back of the Darling Mills, on the Parramatta river ; I knew the deceased , I saw him last, on the 29th of June ( 2 days after the official death date ), between 11 and 12 o’clock ; he came to my saw-pit in the creek, between the Governor’s Arms and the Windsor road ; he had then a gun and a horse pistol ; he asked me if I had seen any strangers ; I replied no ; he told me that a cart had been robbed on the Saturday evening before by five bushrangers ; he stayed about half-an-hour, during which time, Thomas Wilson, a mate of mine was present ; he asked us the way to the Veterans’ huts, which we told him, and he went away in that direction ; the Veterans’ huts are about a mile or better from my pit ; about half-an-hour or rather better, after he was gone, I heard the report of a gun, in the direction of the Veterans’ huts, as well as I could judge ; we stopped sawing and listened, but heard nothing further ; I did not see Waterworth any more till I saw him carried dead to the hospital ; the features were gone, and I could not swear to the body, but I saw his clothing, and I was then perfectly satisfied that he was the same person.

Thomas Wilson corroborated the evidence of the last witness ; I am not sure of the date of the day on which I saw the deceased at the saw-pit.

Charles Jones — I live with John Duck, at Parramatta, I knew the deceased ; I saw him last alive three or four days before he was murdered ; I was stockman to Duck, and drove cattle to and from the bush for him ; I used to have a dog with me ; whilst I was in the bush, I heard the dog barking and went to the spot, and found the dead body of a man who afterwards turned out to be Waterworth ; at the time I found the body, I did not know for certain whose body it was ; the body was lying on the back without a hat, and putrifying ; eight days after, I found a straw hat about two yards from where the body was found ; after I found the body, I drove my cattle home, and gave information to the police ; I know the prisoner, Lucas ; some time before I saw the dead body, I met him and another man-of whom I took no notice-in the bush, near the Governor’s Arms ; they were in a cart at the time, and appeared to be going towards Penant Hills, about two miles off ; Lucas asked me if I saw any shingles by the road side, and I told him I did not ; I saw nothing in the cart but Lucas and the other man ; they were coming in the direction from Parramatta.

Cross-examined by Lucas — I knew you for eight or ten months at Parramatta, and knew you to work at the Governor’s Arms, splitting shingles; I did not know who worked with you ; you have frequently met me in the bush before when you asked me if I saw any shingles, but I never saw you with a horse and cart in the bush before ; I do not recollect frequently going to you where you used to work, while the cattle were feeding in the bush ; I do not know how you got your living, but I remember having frequently seen you in the neighbourhood of the Governor’s Arms, where you asked me if I had seen any shingles ; I never saw you at work there; but I have frequently seen bundles of shingles tied up there.

By a Juror — The place where I saw the horse and cart was about two miles from where the body was found.

By the Court — I have frequently seen the prisoner with a horse and cart in the streets of Parramatta ; I do not know how he got his living ; he was reported to be a free man.

By the prisoner, Lucas — I do not know how long before the murder I saw you with the horse and cart in the bush; it was before the murder ; I don’t remember having seen you at work splitting shingles, but you have told me that the shingles I saw in the bush belonged to you ; I remember you living in a house belonging to my master, and that a man named Jelly lived with you, but I have never heard you talking together about splitting shingles in the bush; I have seen you bring wood in a cart to my master’s house, but I do not know where you got it ; I believe the horse and cart belonged to Jelly, who lived with you ; when I met you in the bush with the horse and cart, you were driving slowly ; I did not know the man who was with you ; I did not see any thing to lead me to suppose that you were about any thing improper ; I saw nothing in the cart ; I saw no fire arms with you ; I think you were sitting on the side of the cart.

By the Court. — I know Jelly; he was not the man I saw with Lucas in the cart.

Dr. Anderson. — I am a surgeon on the Colonial establishment, at Parramatta; I knew the deceased, about the 9th or 10th of July, his body was brought to the hospital ; I knew it to be the body of Waterworth, having been in the habit of seeing him frequently ; the head and neck were in a far-advanced state of putrefaction ; the skull, on the left side, was beaten into numerous fragments, and the jaw of the same side was also fractured; the injury to the skull was quite sufficient to have caused death ; the fractures appeared to have been done with some weapon, but whether sharp or obtuse I can’t say ; the integuments of the head were completely destroyed.

Cross-examined by Mr. THERRY. — I examined the body superficially ; I observed no other wounds but the fractures I have mentioned, and I think if there had been, I should have observed them ; I observed nothing like a gun-shot wound ; a ball might have entered the head, but the fractures I saw were not such as would be made by a gun-shot wound ; I was quite satisfied that the death was caused by the fractures I saw; I am quite satisfied it was body of Waterworth I saw ; he was known by the name of Waterworth or Watersworth ; the head was in such a state of decomposition, that other wounds might have been inflicted on it besides what I saw ; the deceased might have come by his death from a bullet, if it had entered in the place where I saw the fractures on the head.

James Monaghan an approver. — I am a free man I know the prisoners, I have known Lucas for eight or ten months, and England eight or ten weeks ; Lucas and I worked together, stumping a piece of ground on Mr. Foster‘s farm, at Kissing Point ; on a Monday, about ten weeks ago, or perhaps more, I was at the house of England ; Lucas and I came in on the Saturday before to Parramatta, and stopped at the house of a man named William Wilson, till about 9 o’clock ; on the Monday morning, I was at England‘s house with Lucas, who told me that he was going for his (England‘s) horse and cart to bring in some sugar ; this was said at England‘s where we previously had something to drink ; he said the sugar was at a place called the Governor’s Arms; he asked the cart of England, who said ” Yes my boy” or “my lad” ; Lucas said he wanted six bags to put the sugar in, and an axe to cut some wood ; England gave him the bags and the axe, and said to Lucasyou know where the mare is, go and harness her yourself;” Lucas then told me to go and meet him at the side of the steam-engine on the road to the Governor’s Arms, which I did, and stopped till he came up, with the horse and cart ; this was on Monday, about 10 o’clock in the morning ; I went into the cart with Lucas, and when we came up to where one of the bags was, he pointed it out to me, and I alighted, and put it into the cart, we then went on a little farther and got another bag of sugar; I asked him why he brought six bags, when there were only three bags of sugar, I having brought in one the same morning ; he told me that England would not give his mare for the sake of three bags, which was the reason he said there were six ; after putting in the second bag he stopped the cart, and I went on to get the third where I had “planted” having been concerned in the robbery of it ; I was away about thirty minutes ; when I found the bag, I heard a shot fired, and went to where the cart was, where I saw Lucas with an axe raised over his shoulder, in both hands ; I saw the axe hit a man, who, I believe, was Waterworth, the constable ; when I came down to him, Lucas said to me, ” D–n your soul, plant that gun,” which was lying near Waterford, who was stretched on the ground, and Lucas standing over him with an axe in his hand ; I took the gun and laid it down beside a tree about twenty yards off ; I then returned, and Lucas said to me, ” I called you several times but you did not answer;” I replied I did not hear him ; he said, speaking of the dead man, ” I gave him three blows, and the last was the finishing blow, and that it was better that one man should suffer than three or four“; he said he had been “chopping, chopping beside the tree, till he got the chance, but God spared him his two arms, which never deceived him ;” the dead man was then lying on his back, and the blood flowing from his head ; Waterworth was a constable near Mr. Blaxland’s, and it was his dead body I saw; I know him by the name of Waterworth, but I knew him best by the name of “Big Bob, the constable ;” it was his dead body I saw ; Lucas and I then got into the cart, and went up by another road; and on the way we met, I believe, the town stock-keeper, in the direction of the Governor’s Arms ; Lucas asked him did he see any shingles in such a place — naming some place in the bush, which I have forgotten — and the stock-keeper said he did, or did not, I forget which, for I was very much frightened and did not take much notice; we went on to a place above a place called the Burn’t Bridge ; when we got there, we emptied the sugar bags into two of the canvass bags which we brought from England‘s ; one bag was filled, but the remainder of the sugar did not fill the other bag ; we left the empty sugar-bags behind us, and Lucas then covered the bags of sugar in the cart with the remainder of the canvass bags, which were four ; I told him to go into Parramatta in the cart, and that I should walk in on foot, for fear of us both being seen together, on account of what had happened ; he left me then and went by the high-road, I following through the bush by a bye-road ; when I got to Parramatta, I went to England‘s house, and found Lucas there, in the stable; England was out, and Lucas went after him, and returned in about half an hour ; he went in through the big gate, and England came through the house into the yard where the sugar was, and took one bag of it out of the cart, carried it into the house, and laid it in a room ; he then came for the other bag, which he laid in the same place ; Lucas, England, and I then went into the house, and had each a glass of rum, when Lucas told England that he had saved his cart and mare for him on account of killing the constable, saying “ it is better for one to lose his life than three or four,” on which England said, I believe, ” It is my boy; the Devil’s cure to him ;” we had something more to drink, and about two or three hours after, one bag of sugar was weighed by us together, with a stick across our shoulders — I believe the handle of the fire-shovel-and the steelyards were suspended from it ; after one bag was weighed, England agreed to take both bags at three hundred weight ; we began drinking again, and about eight o’clock two men, named Moyan and Knowles, came to enquire after Lucas, who said ” Here I am my boys;” they spoke a few words, and we then went together into a back room, where we had something to drink ; Moyan said to Lucas, ” Give me a pound for myself and my comrade, on account of what has happened,” by which I thought he had been telling them about the murder ; Lucas asked England for a pound, who gave him five dollars, and he gave them to Moyan ; we then began drinking and playing cards, and I got very drunk, and, I believe, got fighting with some of them ; in the morning I found myself lying by the kitchen fire, in England‘s house ; shortly after that, Lucas and I left the house, and went to Wilson‘s, and from that to the farm where we were working ; in two or three days after, we came into town again, and went to England‘s, where Lucas and I agreed to go and burn the dead body of the constable; England was not present at the first of our agreement to do so ; after this Lucas asked England for some powder and ball, to protect us when we went to burn the dead body, which he gave to Lucas, saying if he, meaning the constable; was out of the way, there would be no danger then, there was no discovery then ; we were going out for the deceased’s pistol which was on the farm where we were working, about ten o’clock at night, but when we got about a mile from England‘s, I “cowed” and would not consent to go ; Lucas called me ” a d–d coward,” and we went on to the farm, where we stopped at the hut, and worked for three or four days, and hearing nothing of the discovery of the body, we came into Parramatta, and returned back the same day ; Lucas took a job of splitting some shingles, for Mr. Foster‘s nephew, and I then left the farm, as I was frightened of Lucas that he would take my life some time, and went to Parramatta; after this I went out to him for the pistol, which he said belonged to the deceased, but he would not give it to me ; I wanted it to commit more robberies if I could ; he would not give it to me, and said he would not trust it in any one’s hands unless he was present himself; in about six or seven weeks after the death of Waterworth, I was taken up for a robbery at Mr. Nash’s at Parramatta; before this Lucas had got a beating on the farm, and came into Parramatta, to the brickmaker‘s, where I was ; this was on a Saturday, and I was taken up on the Wednesday following, on Monday he told me where the pistol was on the farm, and I went out and got it in a hollow log where he told me it was, and “planted” it under some rubbish and leaves, about half a mile from the town, where it lay till I told Mr. Thorn of it, on the Saturday after I was apprehended ; I went with Mr. Thorn and pointed out to him the place where it was ; I also pointed out the musket which I had laid alongside the tree, about 30 rods from where the dead man lay ; I also pointed out the sugar-bags which had been emptied, to him ; Lucas told me that he himself had fired the shot the report of which I heard while I was looking for the sugar in the bush ; I asked him if the constable fired, and he said no, that it was he ; the axe went in along with the sugar, to England‘s place, but I do not know what became of it ; I have since seen an axe that resembles it.

Cross-examined by Dr. WARDELL. — I was an approver in several cases of receiving, about four years ago, against two men named Ford and Bridle ; I was the principal thief myself; Ford was acquitted by persons swearing contrary to what I stated ; I was sent to this colony for cattle stealing ; I was sent to an iron-gang here, for a robbery, or being in the bush, I forget which ; I also got three years to a penal settlement for absconding three times ; I have committed nine or ten robberies, but never a highway robbery but one ; I have known England for 9 or 10 weeks ; I don’t know that I was known at Parramatta as a notorious informer ; if I was, I do not suppose Lucas would have gone with me to commit a robbery ; Waterworth was a very stout man, much stouter than the prisoner, Lucas; I heard only one shot fired ; the deceased’s pistol was discharged, but I did not examine the gun ; I did not live at England‘s house, but I went there several times both before and after the murder; Lucas told me that the constable, when he met him, had no suspicion of him, but that he kept talking to him about old times, and chopping at the tree, until he got an opportunity of striking him with the axe; he said he killed him for fear I should come up with the sugar while he was there, and that when he knocked him down the pistol fell out of his hand, which he (Lucas) fired off to alarm me ; I do not consider myself a good man ; I will tell the truth about every thing I have done ; I gave the information because I could not sleep night or day for thinking of the murdered man, who, I fancied, was constantly appearing to me; I had continual dreams of him; I told, after I was apprehended for a robbery, fearing that I might be accused of the murder also ; I think murder should not be concealed, and I would tell it, even of my brother, if he were guilty of it.

To the prisoner, Lucas. — I have known you about 6 months ; I have been confined in the Sydney gaol, for an offence committed at Windsor ; I was kept separate for fear of some men against whom I had given information ; you desired me to ” plant ” the musket, and I laid it at the foot of a tree, about 30 rods from the body of the deceased ; I saw you standing over the deceased as he lay on the ground, and striking him on the head with the axe ; had I known, when we went for the sugar, that you intended to commit a murder, I would not have gone with you ; I don’t think you knew any thing about my character.

By the Court — After we left the dead body of the deceased, we drove the cart pretty quickly, the mare was trotting ; when we got to Parramatta, she was in a very great heat, owing to her having been driven very hard, and we two, together, with the sugar, being in the cart ; the conversation with the stock keeper, whom we met, lasted about a minute ; the witness, Charles Jones, is the stock-keeper of whom I speak, to the best of my knowledge ; he wore a plaid cap similar to that which Jones now holds in his hand.

The witness, Jones, recalled by the Court, said, I never recollect seeing Lucas and the strange man in a cart, in the bush, or any other occasion but the one I speak of; I cannot say how long this was before the body of the deceased was found by me ; the place where Lucas stopped to speak to me, is about a mile and a half from where the body lay ; the road which they were travelling would take them to Parramatta, but by a round-about way.

Robert Harris — I live at Parramatta, and am a horse doctor; I know the prisoner, Lucas, and the witness, Monaghan ; I remember meeting them at England‘s house, before Watersworth‘s body was found ; it was on a Monday, some time in June, but I am not positive as to the month ; about ten days or a fortnight after, Waterworth‘s body was found ; I saw Monaghan first in the house ; in the evening I saw Lucas and Monaghan, who were accompanied by two blacksmiths, in the house when England was present ; previous to this I saw England‘s mare in the stable ; I was called out by a man named Kehoe, to look at the mare, to see the state she was in ; she was quite sweating, as if she had been driven hard or over-laden ; coming out of the stable, Kehoe went to the cart out of which he took some straw, and I saw some bags in the cart, full of something ; I returned into the house, and found Monaghan there ; this was about 2 or 3 o’clock in the afternoon, and in the evening Lucas and the other man came ; I do not know the names of the blacksmiths who came to enquire for Lucas, but I think I should if I heard them ; they had supper and something to drink, a quarrell ensued between the parties, in the course of which Kehoe was struck by some person, but I do not remember by whom ; some constables were procured, and the two blacksmiths were taken to the watch-house, but Monaghan remained in England‘s house all night ; he was very drunk, and slept by the kitchen fire ; I believe Moylan and Knowles were the names of the blacksmiths ; the constables did not take Lucas or Monaghan into custody, as they were free men.

Cross-examined by Mr. ROWE — I never saw the mare in such a state as on that day ; I can’t say how many bags were in the cart, or whether they contained sugar ; England was in the habit of bringing grain and other matters from his farm, and he might leave such things in his cart in the yard ; I knew Watersworth ; I have heard him called by that name by numbers of persons since his death, but he was more generally known by the name of “Big Bob” ; I cannot say positively that I heard him called by the name of Watersworth.

To the prisoner Lucas — You once lodged in England‘s house, and therefore there was nothing remarkable in being there ; you did not lodge there then ; I recollect the evening in question, on account of the disturbance that took place.

By the ATTORNEY GENERAL — Since the death of the deceased, I heard him called Watersworth, in his life time, I knew him only by the name of “Big Bob.”

James Hansell — I am a quarryman, in the service of Mr. Peyton, of Parramatta ; about 9 or 10 weeks ago, I saw England going towards the Governor’s Arms ; I spoke to, and asked him what o’clock it was, and he said half-past two ; he said his cart was gone to the Governor’s Arms for a load of shingles, and he feared something had happened to it ; on the same day, I heard that Waterworth was missing; he was found about 9 or 10 days after, as I heard.

To the prisoner, Lucas — I did not see you pass on that day ; I worked within three rods of the road, but you might have passed when I was not there ; I went to work about 8 o’clock in the morning, and remained till after 1 o’clock, and during that time I saw no cart pass, nor did I see you.

Re examined — There are two roads in that neighbourhood.

William Cohen — I am a gardener, living at the prisoner, England‘s, at Parramatta ; I remember the evening it was reported that Monaghan was taken up; about dusk in the evening I was in the garden, and saw England come there with an axe in his hand, which he threw down among some growing barley, about a foot high, and pulled up a handful, which he threw over it; that was not the usual place in which he kept his axe ; it remained there till England was taken up ; after that I took it to cut wood, and Mr. Thorn came for it a few days after, and took it away ; a man named Goggin gave it to Mr. Thorn ; I had taken it over to Mrs. Walsh‘s to cut wood, and it was there that Goggin gave it to Mr. Thorn.

Cross-examined by Mr. THERRY — I lodged in England‘s house two nights ; I was never charged with robbing him ; I never had any dispute with him, nor do I owe him any spite ; I will not undertake to swear that the axe given to Mr. Thorn was the axe I saw England put among the barley ; I did not know Waterworth, but I have heard people talk of “Long Bob.”

Patrick Goggin — I live at Parramatta, and am a labouring man , I reside nearly opposite to the house of the prisoner England , I remember Mr. Thorn coming to me for an axe, after England was apprehended ; the axe was left by Cohen at my place, where he had been cutting some wood ; I gave Mr. Thorn the same axe that Cohen had brought to my place.

Mr. John Thorn recalled, said, this is the axe I got from Patrick Goggin, and which has been in the Police-office some time ; I was in England‘s house on the morning of the night Moylan and Knowles, the two blacksmiths, were taken ; the constables reported to me about 2 o’clock in the morning that they had taken these men, and I ordered them to remain at England‘s till I went there, which I did at day-light; I found Lucas, Monaghan, England, Bob Harris, and two other men there; Monaghan was lying on the floor in the front room ; the two blacksmiths were taken to the watch-house, for being absent from their duty, they being prisoners of the crown employed in the Lumber-yard ; I knew the deceased ; he was a constable for 18 months ; I knew him by the name of Waterworth; he always answered to that name ; he never said his name was Watersworth ; he might have been called so by many persons, but I always called him Waterworth ; I was present at the inquest ; I do not know what he was called there, whether Waterworth or Watersworth.

Cross-examined by Mr. ROWE — I do not know that he went by the name of ” Big Bob ;” he might ; I can’t tell whether people call him Waterworth or Watersworth ; I cannot swear that I ever heard him called Waterworth; I may have heard him called “Big Bob,” but not frequently; I apprehended Monaghan on suspicion of robbery, and he was taken to the police-office ; he asked to speak to me in private, but never asked me if he pointed out the murderer of Waterworth, would he be released from the charge he was then under; he said nothing like that to me, nor did I make him any offers ; I did not tell him I would recommend him for mercy ; I found some bags, full of wheat, at England‘s house.

By the Jury — An hour might have elapsed between the time the constables took the two blacksmiths, into custody, and their return to England‘s house by my directions.

William Cohen recalled, said, I think I should know the axe I left at Goggin‘s house, as I drove in an iron wedge between the head and the handle; this axe is like it, but I do not observe the mark on it which I should know it by ; I think it is the same.

Cross-examined by Mr. THERRY — I can’t swear to the axe ; I do not see the iron wedge of which I spoke.

This was the case for the prosecution.

The prisoner, Lucas, on being called upon for his defence, declined saying any thing to the Jury, but stated to the Court, that he had subpoenaed some witnesses from the neighbourhood of Parramatta, and had enclosed the subpoenas, by post, to Mr. Thorn, the chief constable, but that they had not been served, and those witnesses were not in attendance.

Mr. Thorn said, he had never received any such subpoenas ; it was possible that the prisoner might have sent them, and that the letter might be then lying in the Post-office, at Parramatta, although, if it were, he thought he should have received notice of it.

The prisoner then produced, as witnesses, two men, brought up from the gaol, by an order of the Court; but what the evidence was which he expected them to give did not appear, as they denied all knowledge of the prisoner, further than having accidentally seen him once or twice before.

On behalf of the prisoner, England,

Dr. WARDELL contended that the evidence did not support the information which charged him with being an accessory after the fact — an unusual course of proceeding in a case like the present, and for a very good reason ; namely the difficulty of proving the charge, as contemplated by law. The information charged the prisoner, England, that he, after the commission of the felony and murder aforesaid, the said John Lucas did “assist, harbour, relieve, comfort, and maintain” &c. ” Now, he contended, that the mere act of receiving the principal felon, by a party who knew that a felony had been committed, did not constitute the offence of accessory after the fact ;– that there must be some act of the party, done with a view to prevent the apprehension, trial, or the suffering the punishment of his offence, by the individual who committed the felony. In the present case the only evidence against England was, that he had merely received the prisoner, Lucas, into his house; there was no proof that he had afforded him any aid whatsoever, with reference to the danger he might be in.

Mr. THERRY and Mr. ROWE followed on the same side ; and also submitted, as in defending the accessory, they had a right if they could, to controvert the guilt of the principal, that there was no positive evidence, but that the deceased might have met his death from a gun-shot wound, and not from wounds inflicted by an axe, as laid in the information.

The learned Judge held that the objections raised by counsel were questions of fact to go to the Jury, upon the evidence of the approver.

Mr. ROWE then contended, that the information laying the name of the deceased as Robert Waterworth, was not supported by the evidence ; he having been spoken of by the majority of the witnesses, as Watersworth, or ” Big Bob.” Upon this point, the learned counsel called Mr. Hugh Taylor, who stated that he had been for several years in the constabulary at Parramatta ; that he had known the deceased, and always called him Watersworth, to which name he invariably answered ; witness has called him by that name at least one hundred times, and has heard other persons also call him so more than twice that number of times ; has heard him called Waterworth ; he would answer indifferently to either ; he was sometimes called “Long Bob,” and he would answer to that name.

Mr. ROWE again contended at great length, that, at the plurarity of times, the deceased was called Watersworth, and not Waterworth ; and that, upon the authority of several decided cases, which he quoted, the variance between the name laid in the information, and the evidence, was fatal, and the prisoners were entitled to their acquittal.

The learned Judge said, as there was conflicting testimony, he would leave it to the Jury, as a preliminary question, to say, upon the evidence, what the name of the deceased really was.

His Honor then read over those parts of the evidence of the several witnesses who spoke of the name by which the deceased was known, leaving it to the Jury to determine what his name really was ; observing, if they should find it to be Watersworth, and not Waterworth, the variance, upon the authority of the cases cited from the bar, would be fatal and he should order the information to be quashed, leaving it open to the Attorney-General to adopt another course of proceedings.

The Jury retired for some time, and on their return into Court, stated that they could not find, from the evidence they had heard, what the name of the deceased was.

The Court enquired of the Attorney General what course he would pursue, after the intimation from the Jury, and the learned gentlemen said he would consent to their being discharged without giving a verdict.

The Jury were accordingly discharged, and the prisoners were remanded.

 

FRIDAY 9th.

(Before the CHIEF JUSTICE)

Thomas Lucas and John England were again put to the bar this morning, and about to be arranged before a new Jury, upon the same information, upon which they were tried on Wednesday.

Dr. WARDELL, Mr. THERRY, and Mr. ROWE, contended at great length against the liability of the prisoners to be again indicted on the same information.

The learned Judge reserved his decision to Monday next, after which we shall fully report the arguments of Counsel and the judgment.

https://trove.nla.gov.au/newspaper/article/32076024?searchTerm=%22Robert%20Waterworth%22&searchLimits=sortby=dateAsc


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Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842),

Saturday 17 September 1831, page 4

[code]It would appear that the Crown could not prove the correct spelling of the surname of this Constable and because of that lack of proof and the ‘spelling’ in the indictment for the murder, and for the indictment for Accessory After the Fact, of the Constable, the Crown could not “prove” those indictments against the offenders.

You can not be convicted of Murdering a person who does not exist on record ( unless you plea guilty ).  You can not be convicted of Murdering Joe Blow if, in fact, the victims name is Fred Flintstone.  In this case, the Indictment would have ( possibly ) had the surname as WATERWORTH when is surname was ( possibly ) WATERSWORTH.  Thus was the argument in this case and so the offenders were not convicted of these offences – however, they were then charged with the original Highway Robbery on the person of Charles Martin, and stealing from his person, some money, a knife, a hat, his property, and five bags of sugar, the goods of Thomas Fibbett, at Parramatta, on the 29th June last.

 

Thomas Lucas, John Moylan and Henry Knowles were either found guilty or plead guilty.  In any case, all THREE were sentenced to DeathLUCAS was hanged on 23 September 1831.

 

https://trove.nla.gov.au/newspaper/article/2202629/499331


 

Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842),

Thursday 1 December 1831, page 1

GOVERNMENT NOTICE

Colonial Secretary’s Office Sydney, 28th November, 1831.

HIS Excellency the Acting Governor has been pleased to approve of the following alterations in the Police of the Colony; viz.-

Under the Government Order No. 12, of the 23rd May, 1831.

Parramatta – Matthew Hall, per Prince Regent, to be Ordinary Constable, in the room of Robert Waterworth, deceased.

By His Excellency’s Command,

ALEXANDER McLEAY.

https://trove.nla.gov.au/newspaper/article/2203798?searchTerm=%22Robert+Waterworth%22#


 

 

Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842), Tuesday 31 May 1831, page 4

IMPOUNDED, at Baulkham Hills,

on the 25th Instant,

One Bullock, branded on the near hip, with a bell ; white face; a little down horned; while back and belly; red sides; the near hind leg white ; off hind leg white, with a red spot ; the fore legs red, with a white ring round each fore leg.

If the above is not claimed within 21 days from, the above date, it will be sold, at the public Market-place, Parramatta, to defray expenses.

ROBERT WATERWORTH,

https://trove.nla.gov.au/newspaper/article/2200836?searchTerm=%22Robert+Waterworth%22#  and

https://trove.nla.gov.au/newspaper/article/32075550?searchTerm=%22Robert%20Waterworth%22&searchLimits=sortby=dateAsc


 

Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842),

Saturday 27 March 1830, page 1

Government Notice,

Colonial Secretary’s Office,

SYDNEY, March 26th, 1830.

HIS Excellency the Governor has been pleased to approve of the following Alterations in the Police of the Colony, namely

ParramattaRobert Waterworth, holding a Ticket of Leave, to be Ordinary Constable, in the District of the Field of Mars, from the 20th Instant, in the room of Joseph Eyles, resigned, and

Joseph Thompson, Free by servitude, to be Scourger, from the 23d Instant, in the Room of James Walton, dismissed for highly improper Conduct.

Penrith.- John Franks, holding a Ticket of Leave, to be Ordinary Constable, from the 10th Ultimo, in the Room of George Hughes, dismissed for improper Conduct.

Sutton Forest-Christopher Rhall, dismissed on the 19th Instant, for repeated Neglect of Duty, and other misconduct.

By His Excellency’s Command,

ALEXANDER McLEAY.

https://trove.nla.gov.au/newspaper/article/2194803?searchTerm=%22Robert+Waterworth%22# and

https://trove.nla.gov.au/newspaper/article/32073408?searchTerm=%22Robert%20Waterworth%22&searchLimits=sortby=dateAsc