Black Creek News - 1834

The Sydney Gazette and New South Wales Advertiser Tuesday 11 February 1834

James Welsh was indicted for the wilful murder of Maurice Malone, at Black Creek, near Maitland, by inflicting one mortal wound on his head with a spade on the 8th December last, of which he lingered until the 7th January following, and then died; and James Crawford, Peter Murphy, Brian Eagan, and Patrick Burke stood charged with being present, aiding, abetting, and assisting the first named prisoner to do and commit the said murder.  

A second count charged Brian Eagan as principal and the other four prisoners as abettors in the murder aforesaid.

The prisoners pleaded Not Guilty

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The SOLICITOR GENERAL, in the absence of the jury who were deliberating on the former case, would move that the whole of the jurors on the list be called over. The number summoned for each week was 36 instead of 48, and out of that number it appeared that only 21 regularly appeared, the remaining 15 being either excused by the Court, or contemptuously refusing to attend.

   

The whole of the panel being then called over the following gentlemen were again found absent viz-:—Thomas Urmson Ryder, Alexander Brodie Spark, and Thomas Mitchell, Esquires.

Mr. Justice DOWLING ordered each of these gentlemen to be fined £10.  Should either of them not be in attendance Monday, he would fine them £100, and teach them that the Court would maintain its proper dignity. Here was an instance f certain gentlemen punctually discharging their duty as good Citizens, no doubt to their serious private inconvenience, while others chose to absent themselves altogether, without assigning to the Court any reason for doing so. The whole course of justice might become arrested from their conduct, but he would endeavour to convince the parties that it should not escape its due punishment.

The SOLICITOR GENERAL rose to observe that the names of the gentlemen alluded to, would not appear in the next week's panel, but in the present instance, he would undertake to levy the fines which had been imposed by the Court.

Mr. ISAAC NICHOLS was excused from attending, on filing an affidavit of the dangerous illness of his wife. The Solicitor General then prayed a "tales de circumstantibus," which was granted by the Court.

The Jury being sworn, the trial proceeded at some length, when it was discovered that a misnomer existed in the indictment, the deceased’s name appearing from the statement of the witnesses to be Maloney, instead of Malone, as stated in the information. Under those circumstances, the Court directed the Jury to acquit the prisoners.

The prisoners were remanded in order to be again prosecuted upon another indictment for manslaughter.

The Court then adjourned until Monday.

The Sydney Herald Monday 31 March 1834

A mysterious occurrence took place at Black Creek a short time ago. Hugh Corrigan, an old man well-known in Sydney, and possessing considerable property, was accidentally discovered on the road crossing the creek, quite dead. His skull was fractured, and several contusions and wounds, supposed by some to be stabs, were observed about his body. Corrigan, it appeared, had been up to Patrick's Plains for the purpose of branding his cattle and after accomplishing his object called at Mr. Brown's Inn, at that place. While there it was observed, that Corrigan had a good sum of money with him, amongst which were some Bank notes, a quantity of silver, and an order of Mr. Pringle's in favour of Nicholas Conolly, for £9. On the road from Patrick's Plains to Maitland the deceased was seen  in company with a person well known on the Plains. When the body of Corrigan was found, the order was not about his person nor the money; ten shillings were lying a short distance in the road, near to which was his hat and one of his boots. Corrigan's horse was also found a short distance from the spot. A coroner's inquest was held on the body but the Jury could not agree, eight were for bringing a verdict of Wilful Murder, and the other four Accidental Death. It is hoped that this melancholy affair will be strictly investigated by those whose duty calls them so to do.

The Sydney Herald Thursday 19 June 1834

A native youth has lately been committed for trial, from Maitland, and forwarded to the gaol at Sydney, on suspicion of being concerned in the murder of a man named Hugh Corrigan, who was found dead some months ago, near Black Creek, under circumstances which induced a suspicion that he had been murdered.

The Sydney Herald Monday 1 September 1834

Henry Ham stood indicted for the wilful murder of Hugh Corrigan, at Black Creek, Hunter's River, on the 11th of March last. The Attorney General stated the case to the Jury, and called a number of witnesses, who deposed to the following effect.

   

In the beginning of March last, a man named Hugh Corrigan, had occasion to go to go to Jerry's Plains for the purpose of disposing of some land and cattle. On his return he was accompanied by the prisoner Ham, who had purchased a farm of Corrigan. They were seen together, at Mr. Johnson's, and at Mr. Brown's, Patrick's Plains; Corrigan left the latter place in company with Ham, having in his possession certain monies and an order on Mr. Jones of Sydney, drawn by Mr. Pringle in favour of one Connelly, for £9.

The parties were afterwards seen at the House of a man named Ward on the Maitland Road within four miles of Black Creek, and left that place on, horseback together. On the following morning

Corrigan was found at Black Creek dead, the body, having the appearance of being dragged along the ground with great violence to the stump of a tree where it was found. No money or orders were disco-vered on the deceased, but 10s. were lying near the body, also his hat, a spur, and one of his boots.

A stirrup iron was on one of his legs which came up above the calf, and some slight scratches were on his face; a day or two after, the body was taken from the coffin for the Coroner and Jury to look at, when two small holes were discovered in the stomach, but in such a state of putrescence, that none could tell by what means they had been inflicted, no Surgeon having examined the body. The Jury returned a Verdict that the deceased had been accidentally killed by his horse. A short time after Corrigan's death an order was presented to Mr. Simpson of Maitland, of the same description as that in the possession of Corrigan when he left Mr. Brown's, and which turned out to have been sent to Maitland for the purpose of being cashed, by Ham himself. This circumstance excited suspicion, as being the last person seen in company with Corrigan, a warrant was issued by the Patrick's Plains Bench, when Ham gave himself up. Nearly the whole of the witnesses for the prosecution swore that they believed from the manner in which Corrigan was found, he must have been thrown from his horse, and by that means met his death. This was the substance of the evidence for the prosecution, when Dr. Wardell rose, and contended that there was no case to send to the Jury; the foreman of the Jury also stated that his brother Jury men could collect nothing from the evidence against the prisoner, and he was discharged.