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1808, Richard Moxworthy and John Hopkins - Unfit For Publication
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The Sydney Gazette and New South Wales Advertiser, Sun 31 Jul 1808 1 

COURT OF CRIMINAL JURISDICTION

    On Monday [25 July 1808 2  ] the Court assembled and proceeded to the trial of Richard Moxworthy, charged with the commission of an offence, of the most disgusting and abominable kind.

    In support of the accusation many witnesses were called, the most favourable of whom went considerable to strengthen the material circumstances of the charge; which after a long and painful investigation, left not on the minds of the Court a doubt of actual guilt.

    John Hopkins, his accomplice in the crime, was also indicted on the charge, and found guilty.

~~~~~

The Sydney Gazette and New South Wales Advertiser, Sun 14 Aug 1808  3 

SYDNEY.

    Sitting Magistrate for the ensuing week:—

Captain Abbott.
The price bread as last week.
———

His Honor the Lieutenant Governor [Foveaux] has been pleased to extend the Royal Clemency to the two persons [Richard Moxworthy and John Hopkins] who were convicted capitally before the last Court of Criminal Jurisdiction. 

~~~~~

Conditional pardons granted by Lieutenant Governor Foveaux, Jul 1808 - Jan 1809  4 

 

Enclosure in letter A – 20 February 1809

No. 9

Return of Prisoners absolutely and conditionally pardoned by Lieutenant Governor Foveaux from 31st July 1808 to 1st Jan 1809

 

Name

 

Absolute or Conditional

 

On what account

 

Richard Moxworthy

 

Conditional

 

Sentenced to death by a Criminal Court at Sydney, and pardoned on condition of serving as a convict for life.

 

John Hopkins

 

ditto

 

ditto

 

[Signed] J Foveaux

~ ~ ~ ~ ~

Richard Moxworthy mitigation of sentence petition, 1817  5 

249 

To His Excellency

    Lachlan Macquarie Esquire Captain General and Governor in Chief in and over His majesty’s Territories ofNew South Wales its Dependencies

&c &c &c

    The humble Memorial  6  of Richard Moxworthy most respectfully shewith.

    That your Memorialist arrived to this Colony second officer of the Hero letter [of] Marque  7 that he was charged with Fellony [sic] on the Coast of [New] Mexico and was Tryed [sic] and convicted there for the said charge by the Illegal Government.

    That you Memorialist has served in the employ of Government seven years as Constable and Overseer and these last three years on his own Hands During the period of Ten years his conduct has been Ineproachable[sic]. Your Memorialist most humble prayeth Your Excellency will be graciously pleased to take his case into your humane consideration and grant him any indulgence Your Excellency shall be pleased to (seem ?) that.

And Your Memorialist as bound by Duty

Will ever Pray –
[Signed] R[ichard] Moxworthy

249a

To His Excellency
The Governor
&c &c &c
The Memorial
        of
R[ichard] Moxworthy

~ ~ ~ ~ ~ 

John Hopkins pardon, 26 Jan 1818  8 

 

    Pardon

 

No.

 

 

 

Offence

 

 

 

Date

 

26 January 1818

 

Trial date

 

26 July 1808

 

Name

 

John Hopkins

 

Trial place

 

Sydney, New South Wales

 

Ship

 

Hero

 

Sentence

 

Life

 

Year

 

1808

 

Complexion

 

 

 

Native place

 

 

 

Hair colour

 

 

 

Trade/calling

 

Privateer

 

Eye colour

 

 

 

Remarks: Came originally free in the Hero                                                         

~ ~ ~ ~ ~ 

Richard Moxworthy pardon, 31 Jan 1818  

 

    Pardon

 

No.

 

 

 

Offence

 

 

 

Date

 

31 January 1818

 

Trial date

 

25 July 1808

 

Name

 

Richard Moxworthy

 

Trial place

 

Sydney, New South Wales

 

Ship

 

Hero

 

Sentence

 

Life

 

Year

 

1808

 

Height

 

5' 10½"

 

Native place

 

(County ?) Dublin

 

Complexion

 

Dark

 

Trade/calling

 

Cooper

 

Hair colour

 

Black

 

Remarks: A scar on right leg, wants left arm

 

Eye colour

 

Hazel

~ ~ ~ ~ ~

Sydney Constables from Sep 1820 to Mar 1823  10 

 

         No. 20

A list of Constables that are now belonging or have belonged to the police of Sydney from September 1820 to Mar 1823

 

Names

 

Date of Appointment

 

Date of Dismissal or Resignation

 

Remarks

 

Richard Moxworthy

 

 

 

 

Resigned 30th June 1821

 

 


1  The Sydney Gazette and New South Wales Advertiser, Sun 31 Jul 1808, p. 2.

2  The 25 Jul 1808 Court of Criminal Jurisdiction minutes of proceedings for this case could not be located at SRNSW.

3  The Sydney Gazette and New South Wales Advertiser, Sun 14 Aug 1808, p. 2.

4  SRNSW: NRS933, [SZ760], Col Sec Papers, Letters sent, 28 Jul 1808–7 Nov 1809, p. 134b, R6001. Only relevant parts reproduced.

5  SRNSW: NRS900, [4/1852], Col Sec Papers, Letters received, Petitions for mitigation of sentence 1817, L-S, p. 249-249a.

6  “A written statement of fact presented to a sovereign or legislative body, etc., as the basis of, or expressed in the form of, a petition or remonstrance.” The Macquarie Dictionary.

7  “Hero – 1802-1804 French whaler/Eng. prize, Stephen RAWSON: USA – Havre Rds, then whaling, to Walvis Bay and Brazil, where taken by British Letter of Marque ‘Swallow’. Sent to St Helena & Lon in convoy + Journal by Wm Wilkes Morris * Peter Foulger Mus. Nantucket. 1839 bark, 403t, V. RYAN: Leith 7.5 – Rio-Syd 26.9, w. 202 young Govt migrants. +Surgeon’s journal * AJCP PRO, (R3213). (inc rtn voyage, 1840?). 1866 SS, 985t, of Bright Bros & Co, LOGAN: Moreton Bay – Somerset, Cape York – Batavia, 10.11 (under charter to Govt of Queensland) + Bea(u)voir, L, * A Voyage Round the World, (pub, 1870), and: + - “ - , Le Comte de, Australie: Voyage autour du Monde, Paris ‘69.” Ian Nicholson, Log of Logs, A Roebuck Book, p. 230. 

8  SRNSW: NRS1170, [4/4430], Registers of Conditional Pardons, 16 Dec1791–6 Dec 1825, p. 104, R774.

9  SRNSW: NRS1170, [4/4430], Registers of Conditional Pardons, 16 Dec1791–6 Dec 1825, p. 121, R774. Richard Moxworthy came free as 2nd officer on the Hero 1808.

10 SRNSW: NRS897, [4/1764], Col Sec Papers: Main Series of letters received, Dec 1822–1823, p. 64, R6056. Only relevant details included.