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 9
|
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.