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The site of the old gaol later became the tram terminus for Newcastle. The site can be seen in these two early 1900's photographs of the promenade at Newcastle beach. In the first the tram shed can be seen in the top left side of the photo. In the second the tram shed can be seen in the distance. (These are thumbnails. Click to enlarge).

The Execution of Patrick Bryan

Hoary Veterans and Scottish Maids - A Description of Newcastle Gaol from the Sydney Gazette in 1840


Newcastle gaol was constructed in 1818 on a site overlooking the ocean above Newcastle Beach and divided from the inhabited portion of the town by a tract of sand. The vegetation had been removed from these sand hills to prevent escaping convicts concealing themselves.

The gaol was a two storied building and surrounded by a stone wall 12 feet high with foundations of stone and walls of brick. In the interior of the structure, wide corridors ran the entire extent of the building, on either side of which were strong barred cells. The upper story was similar. In the gaol yard, various instruments of torture stood out prominently. Outside the walls a cottage stood which was occupied by the keepers and turnkeys; through this cottage an entrance led to the interior of the gaol. The building was substantially constructed of brick, stone and hardwood. Here the convicts were flogged and public executions were carried out.

In  May 1822 James Croft was appointed Gaoler. Croft was an ex convict who arrived on the 'Lady Castlereagh' in 1818 after being sentenced to transportation for life in Leicester.  John Hooper who arrived on the 'Hibernia' in 1818 was turnkey at the gaol in 1828.

The gaol became overcrowded as the Assizes dates neared. In the beginning of 1842  a total of 164 people were incarcerated behind the walls - 111 men and 53 women. The Governor of the gaol was congratulated for his management of the situation at this time for preventing an outbreak of 'pestilential fever' due to the overcrowding.

Prisoners may have been forced to travel great distances. In Scone a complaint in the early 1840's was that even those convicted of minor offences such as drunkenness were harshly treated. If they were unable to pay their fine they were sentenced to 48 hours in Newcastle gaol, despite the availability of two pairs of stocks in the Scone lock up. Many were willing to make any sacrifice to save themselves the walk to Newcastle and were known to pay 10/- for the loan of a guinea to pay the fine. If they were unable to raise the required amount they could expect to be absent for up to a month as the escort to Newcastle was often very slow.

By 1842 executions were no longer being carried out within the walls of the gaol or in a prominent position nearby. Thomas Homer who was executed for the murder of his overseer Mr. Stone had to walk quite a distance to the gallows which were erected in a hollow and able to be 'witnessed only by those assembled on the spot'.

In June 1842 a correspondent wrote to the Sydney Gazette telling of the decayed state of the Newcastle gaol - 'a military guard is requisite to prevent the escape of the prisoners. About sixty men were sent for trial to Maitland and were it not for the military guard stationed at the gaol day and night, the prisoners with ease may have thrown it down and escaped'. The gaol was said to be capable of holding only half the number that were incarcerated there.

By 1843 Maitland was campaigning for a new gaol.  Situated 20 miles from Maitland, Newcastle Gaol was described as miserably deficient both as regards safe custody and the classification of prisoners. Bond and free, debtors and felons were all indiscriminately mixed together. The gaoler John Field thought some committed petty thefts for the purpose of being sent to gaol as they had  nothing to do and lived better than they did out of prison; there was not only no hard work in the gaol but there was no work of any kind by which the prisoners could be employed. Besides the inadequacies and risk of escape, considerable expense was incurred in the transmission of prisoners from Newcastle to Maitland at each Circuit Court and Quarter Sessions and back to Newcastle after they had taken their trials.

Sometimes the military were called on to restore order at the gaol. In 1844 a disturbance took place in the gaol airing yard where male prisoners were confined. The main instigators were Norfolk Island expirees who were again imprisoned after escaping from the Newcastle hospital in the cutter 'Brothers'. The men became unruly and insubordinate towards the gaol constables and Mr. Field immediately called for a military guard from the barracks. The soldiers secured the prisoners who were later sentenced to solitary confinement for a month.

A Proclamation dated December 20 1848 was published in the Government Gazette declaring the gaol in East Maitland to be the gaol for the Northern Circuit District.

On 31 December 1848 the Newcastle Gaol was closed and inmates were transferred to Maitland Gaol, although some convicts remained in Newcastle to work on construction of the Breakwater. They lived at the gaol until 1855 when the formidable old building was closed as a prison. It was used for some years for the storage of gunpowder before being condemned.  Some of the walls and foundations were removed when the site was excavated for the tram terminus at the eastern end of Scott Street. However even in 1897 parts of the foundations could still be seen cropping out of the sand on the 'Old Gaol Hill'.

 

 

Sources

Hughes, Robert, The Fatal Shore, Collins Harvill 1987

Historical Records of Newcastle 1797 - 1897, Windross & Ralston

Turner, John, A Pictorial History of Newcastle, Kingsclear Books 1887

Colonial Secretary's Index

 http://www.records.nsw.gov.au/indexes/colsec/default.htm

Sydney Gazette

Maitland Mercury

Hunter River Gazette

Police Force Maitland and Paterson 1835  (external link)

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The Execution of Patrick Bryan at Newcastle Gaol in 1848

'Patrick Bryan, found guilty at the last Maitland Circuit Court of the murder of Mrs. Neilson, at Clarence Town was executed at Newcastle  at 9am. The culprit, accompanied by the Rev. Mr. Dowling and Mr. Under Sheriff Prout, ascended the scaffold with a firm step, and addressed the crowd assembled in the following words: 'My dear friends, it gives me the greatest comfort this world can now afford, that I am enabled to declare from the utmost recesses of my heart, that I am as innocent of the death of Eliza Neilson as any of you standing before me. I am not guilty even of a thought of such . I only knew of it when apprehended and taken where the lady lay.' The rope being then adjusted by the executioner, the drop fell, but an unfortunate occurrence took place. Bryan, moving his head, the knot of the rope slipped under his chin, and the consequence was that his neck was not dislocated. The unfortunate man thus remained hanging in the greatest of agony for thirteen minutes beating his breast with his hands, and ejaculating 'Oh! my God!'. Mr. Prout sent the executioner up, who jammed the knot under the chin, and also laid hold of the end of the rope with his weight upon Bryan. The populace were very much excited, and commencing showing their displeasure at the above circumstance; but on the Under Sheriff addressing them, to the effect that it was a melancholy sight, but that it was the unfortunate man's own fault by moving his head, they dispersed quietly'.

Sydney Morning Herald

 

THE LATE EXECUTION AT NEWCASTLE - We think the government would do well to cause an investigation to be made into the manner in which the late execution at Newcastle was conducted. From some cause or other the unfortunate man Bryant was kept a considerable time in the most excruciating agony. This is said to have been caused by the executioner being unfit, from Delirium Tremens, to perform his business property. If this was really the cause, it is discreditable to the government, and to those whose more immediate duty it was to see the sentence of death carried into effect. Inquiry ought to be made, not only for the purpose of dealing with those who are to blame in this case, but to prevent similar mismanagement in future

Maitland Mercury

 

 

 

 
 

 

 
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