33054-002091

33/5799 10 Aug 1833

Police Office Port Macquarie 15th July 1833.

Schedule 236/33 13 Aug 1833 no. 33/44 Sir I have the honor to inform you that I have for= warded per cutter "Fairy" the prisoners named in the margin. The first for being a Moreton Bay run= away and consequently for the purpose of being dealt with as His Excellency the Governor may direct and the other to take his Trial before the Court of General Quarter Sessions in Sydney for an Assault and Battery on two constables in the execution of their duty.

In forwarding the latter I feel myself called upon to state for the information of His Excellency the Governor that the Court of Petty Sessions consisting of three Magistrates before whom the depositions

[left margin] Reporting Transmission of John Clare Eustace 2 'John" 7 yrs. Runaway from Moreton Bay, and of Joseph Jones 1 "Lady Castlereagh" 7 yrs. To be tried by the Quarter Sessions for an assault his offence appearing to require a punishment more severe than the Magistrates in Quarter Sessions have power to inflictInformation

[in another hand] Schedule MrEly'd Read

Eustace is the man respecting whom the Sheriff has spoken several times, as having been sent up without any Warrant of Committal-

The Honorable The Colonial Secretary

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against the prisoner Eustace were taken, considered the charge of Assault and Battery alledged against him to be of so serious a nature as to require a heavier punishment than the court had power to inflict, his general conduct (as the accompanying extracts from the Records will shew) having proven him to to be perfectly incorrigible.

I have been directed by that court to state that it is fully aware of the power it is invested with to punish Summarily such offences yet from the numerous cases of Assault that have of late been brought before it, it has deemed it necessary to take the present step of transmitting the offender for Trial before a higher tribunal, that

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a check may be made to such violations against the Peace by passing upon the culprit a severer punishment than the Act of Council of the 24th Aug't. 1832 No. 3. will admit a Bench of Magistrates in Petty Sessions to inflict.

I have the honor to be Sir Your most obedient Humble Servant

[Signature] Benj: Sullivan Reg't. Mag'te.

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33/5199 Schedule 236/33 15 August 1833

[diagonally from bottom LH corner] Copy to the Atty General but the Names in the margin must be transferred to under the Letter in [...]

[different hand] Mr Kinchela 27 August 33

Extracts from the Records of the Police Office Port Macquarie against the prisoner John Clare Eustace.

20th July 1832 Selling Government property. 1 month cells

24th Augt " Neglect of work - Fifty Lashes

11th Sepr " Absconding - One Hundred Lashes

12 Novr " Being absent from his Gang at Night Fifty Lashes.

27 Decr " Insolence to a Sergt of the 4th Regt. 25 Lashes

8th April 1833 Absconding . 2 months hard labour

12th " " Mutiny - 100 Lashes.

29th " " Making away with his Blanket Discharged.

15th July " Robbery and assault. Committed to take his Trial before a court of Quarter Sessions at Sydney.

[different hand] W. N. Gray [Signature] Clerk to the Bench