A forlorn sandstone headstone, toppled and in poor condition in St. Peter's Burial Ground, East Maitland, marks the last resting place of legendary Police Magistrate Edward Denny Day, who was known throughout the district for his courage and integrity and persistent and effective pursuit of justice.
Born in County Kerry, Ireland in 1801, he served in the British army and was appointed Ensign on 22nd September 1826. He served until 1834, attaining the rank of Lieutenant before leaving the army for medical reasons.
He travelled to Australia where in 1836 he became a Police Magistrate and married Margaret Raymond. The couple were to have eleven children together. Margaret is buried in St. Peter's Burial Ground having died 21 months after her husband in 1878.
(1)By mid September 1849 Edward Denny Day had been Magistrate in the Hunter Valley for thirteen years and it was announced that he was to succeed Captain Innes as Superintendent of the Sydney Police
(2)By early October the family were ready to move and it was announced that a sale would take place at 11am on 8th October at Government Cottage East Maitland. (Select
here for a plan of the Cottage) To be sold on the day was a quantity of 'splendid and useful household furniture' as well as a first rate second hand Stanhope gig, a superior second hand set of gig Harness in good style, a splendid cob, a first rate and handsome pony in foal, two superior cows very docile, two excellent carts, one good water cart etc. Mr. Ledsam the auctioneer was instructed to sell without the least reserve as Mr. Day was on the eve of his departure for Sydney. Later a Whirligig and toy horse were added to the list.(3)Most residents considered Day's conduct on the bench had been marked by a strong desire to administer the law uprightly, impartially and strictly. Many thought his vigilance and energy in the management of the police has afforded general security and his zeal and ability in the discharge of his functions had kept the district in a well ordered state.
Shortly after the announcement a number of residents resolved to commence a public subscription to present Mr. Day with a testimonial of respect and esteem for the 'intrepid exertions and meritorious conduct and other services' he had rendered to Maitland and the district. A well attended meeting was held in the court house on the 4th October 1849. The Rev. Dean Lynch moved the first resolution at the meeting after a short speech in which he reminded those present that Mr. Day had devoted his time and intelligence and risked a life valuable to his family in the performance of his duty and for the good of the community. Those in Maitland who had enjoyed the happiness of living in peace and quiet did right to come forward and acknowledge they owed these blessings in great measure to the energy and vigilance of Mr. Day. Rev. Lynch wished to thank not only Mr. Day but Mrs. Day for their work at the
Maitland Hospital. Mr. Lipscomb seconded the Rev. Lynch's resolution stating that he did so with mingled feeling of regret and pleasure; of regret for the loss of Mr. Day and of pleasure in meeting others assembled there to do him honor. He had known Mr. Day for thirteen years and had always known him a disinterested, upright, magistrate. In the Courthouse Mr. Lipscomb could bear testimony to Mr. Day's impartiality and integrity on the bench. In political matters he felt that Mr. Day had never allowed himself to be mixed up with any party.Mr. C. M. Doyle moved the second resolution stating that he regretted the loss of Mr. Day to the community. He felt the government had made a wise selection in nominating Mr. Day to fill a higher situation; it gave him great pleasure to hear of the appointment but greater pleasure to bear testimony to Mr. Day's long services, which rendered him worthy of being called the greatest friend Maitland ever had.
Bank Manager Mr. Saunders made the third resolution stating that he could testify to Mr. Day's courtesy both in his public and private character. He thought the people did well to make the testimonial although they were not so rich as they were in years past due to the depression or the fund would have been much greater.
Mr. Peter Green felt the district had lost services of the greatest importance to it for there was not a more upright, just and impartial magistrate than Mr. Day. 'It must be obvious to all, and particularly to those who had lived sufficiently long in the district to be aware of its former state, that they were greatly indebted to Mr. Day for his vigilant performance of his duty.' It was well known that Mr. Day had not hesitated to risk his life in the course of duty.
The gentlemen appointed by the last resolution as a deputation proceeded to Government Cottage to the residence of Mr. Day and read the resolutions which had been passed and presented Mr. Day with a purse containing the sum raised as a testimonial. Subscriptions amounting to 130 sovereigns had been raised and it was proposed that Mr. Day could purchase a piece of plate to suit his own taste and convenience. It was to be inscribed "Presented by the inhabitants of the district of Maitland, New South Wales, and its vicinity, to E. D. Day, Esq., who for upwards of twelve years held the appointment of Police Magistrate of that district, gaining the respect and admiration of all classes of the community".
Mr. Day evidently under feelings of strong emotion briefly replied verbally. 'There could be no higher gratification to a public officer than the approbation of the people amidst whom he had performed his duty. The most simple expression of this approbation, coming from the people would have been sufficient for him; and indeed he considered himself most happy in having for so many years lived among those who had on several occasions testified their approbation of his conduct. But the people of Maitland had done more, they had given him a proof of esteem which his children would inherit and hold as a inducement for their future guidance. He need not say with what regret he left them; nothing indeed would have induced him to have removed but that there was an uncertainty whether the office he had so long filled would be continued. He felt deeply grateful this additional proof of the partiality with which they had regarded his services more so than he could find words to express, and he again begged to thank them, one and all, and through them the subscribers.
(4)The following day Mr. Day and his family boarded the '
Rose' steamer for Sydney. A good muster of inhabitants of Maitland on horseback and in gigs, proceeded to Morpeth, and three hearty cheers were given as the party went on board, Captain Pattison replying by discharges from his cannon.Edward Denny Day's heroic exertions in the Valley included his dogged pursuit of the perpetrators of the Myall Creek Massacre and the
Capture of the Jew boy Gang. He was fearless and uncompromising in his pursuit of outlaws. Even on the eve of his departure from the district, he immediately organised and took part in the pursuit of two bushrangers Davidson and Smith who had made a daring escape from the new Maitland Gaol (5)Over 100 residents of the district subscribed for the testimonial to Mr. Day. One whose name was absent from the lists however was that of Captain Biddulph. The two no doubt retained bitter feelings towards each other after their involvement in a very public acrimonious exchange in January 1847.
In November 1846 Edward Denny Day had left the district for two months absence and his duties were taken over by Mr. Knox Child.
(6) In his absence the question of renewing transportation was brought to the public's attention and as Captain Biddulph was vehemently opposed to renewal he eagerly attended the meetings. The following statement was made by him and recorded in the Mercury:'If employers behaved honestly to their men and paid them money that was due they would never be short of employees. Captain Biddulph wished those present to consider if they were willing again to come under the 'surveillance of a mercenary police'. Both constables and Police magistrates he stated were nothing more than spies; and the latter they would never have been blessed with in the colony had it not been for the convicts. He could not believe that colonists would give up the freedom they now possessed to become a nation of slave drivers; for all freedom would depart'
(7)When Edward Denny Day returned to the district in the new year and read of Captain Biddulph's remarks, he took great offence on behalf of the police force and sent Captain Biddulph via his friend Captain Button, an angry protest. Captain Biddulph refused to retract his statements and promptly published the letters in the Mercury:
To Edward Denny Day Esq., police Magistrate at Maitland
Elmhurst, 2nd January 1847
Sir - This forenoon your friend Captain Button called upon me, and presenting the Maitland Mercury of the 14th November 1840, said you were exceedingly angry at reading the report of my speech at the public meeting, on the Transportation System, and demanded a denial of that part which alluded to the Police, or to give you a meeting. Being thus peremptorily called upon, without reading the paragraph, I immediately acknowledged it as my sentiments, and I refuse to retract, and I refuse your challenge because I believe what I said, and because I have a right to express my sentiments at a public meeting, on a public question, and upon the conduct of public servants; and I shall do it upon every occasion, whether the Police Magistrate is angry or pleased; and because I think Mr. Edward Denny Day has no right to set himself up as the champion of the Police
Edward Biddulph RN
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To Edward Biddulph, R.N., Elmhust.
Maitland 5th January 1847
Sir, I have only a single observation to make in reference to your communication of the 2nd instant, just handed me by Captain Button. In that you admit having used language which I feel reflects most calumniously on my private character ; and you refuse either to retract that language , or to give me the meeting I have demanded you. I have, therefore, no alternative left but to brand you, in plain terms as a cowardly poltroon, who has uttered a gross falsehood, which you have not the spirit to defend.
I shall make such use of your communication and this as will make your conduct in this matter, and my sentiments in reference thereto, extensively known in this neighbourhood
Edward D. Day
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To Edward Denny Day Esq. police Magistrate, Maitland
Maitland 5th January 1847 3 pm
Sir I have this instant received your letter, which is so gross - but I will not descend to use the foul language you have, but will content myself with publishing your letter. You Mr. Denny Day have entirely mistaken your man - the Celt cannot bully the Saxon
(8)Edward Denny Day later returned to Maitland and died there aged 76.
The Bishop of Newcastle, Morpeth; E.C. Close Esq., Senior; Mrs. Jane Sheberas; E.C. Close Esq., junior; The Rev. Mr. Rodwell; Joseph Chambers, Maitland; Jones A. Smith, Paterson; William Innes, Esq, Maitland; Dr. McCartney, Maitland; Dr. Scott, Williams River; Bourn Russell, Maitland; Isaac Gorrick, Maitland; John Kingsmill, Maitland; Mr. Fleming, Maitland; Mr. H. Grouch, Maitland; Captain Pattison, Morpeth; Mr. E.P. Capper, Maitland; Mr. Nicholas Dalton, Maitland; The Under Sheriff, Sydney; Mr. Christopher Cooper, Maitland; Mr. C.S. Pitt; Mr. Richard Stark; Mr. John Nott; Mr. George Wood; William Todhunter; The Rev. Dean Lynch; Beresford Hudson, Newcastle; Dr. Wilton, Maitland; The Rev. Mr. Spencer, Raymond Terrace; Mr. Taylor, Morpeth; F.W. Davies, Maitland; Andrew Lang, Paterson; Mr. Tristram, Maitland; Mr. Thomas Skinner, Morpeth; Messrs, Peek & Calvert, Maitland; C.M. Doyle, Midlorn; W.A. Purefoy, Sydney; Thomas Ward, Maitland; J.M. Saunders, Maitland; Mr. J. Christian, Hinton; Alexander Warren, Brandon; Alexander Dodds, Maitland; Mr. James Thomson, Maitland; Mr. W. Christian, Hinton; Captain Maughan, Maitland; Mr. E.J. Daly, Maitland; Mr. J. Brown, Maitland; Rev. Mr. McIntyre, Maitland; W.M. Lewis, Maitland; Messrs. Ogg and co. Maitland; Mr. James Solomon, Maitland; Mr. Richard Jones, Maitland; Mr. John Mayo, Maitland; Mr. J. Borthwick, Maitland; Mr. Charles Whitaker, Maitland; Mr. Adams, Maitland; Mr. Wright, Maitland; Mr. Wilkinson, Maitland; Mr. T. Thomas, Maitland; Mr. McDonald, Maitland; Mr. Brackenreg, Maitland; Mr. T.B. Rosseter, Maitland; Mr. John Callaghan, Maitland; Mr. Henry Reeves, Maitland; Mr. John Stone, Maitland; Mr. Griffin, Morpeth; Mr. J. Beckett, Maitland; Mr. B. Nelson, Maitland; Rev. R. Chapman, Maitland; Rev. Mr. Purves, Maitland; Rev. S. Wilkinson, Maitland; Messrs, D. Cohen & Co. , Maitland; Mr. George Turner, Yarrabong; Mr. F.M. Doyle, Midlorn; Mr. F. Nainby, Richmond Vale; Mr. Charles Prentice, Maitland; Mr. William Irving, Maitland; Mr. Neil McNeil, Maitland; Mr. Doidge, Paterson; Mr. John Eckford, Maitland; Mr. Nathan Joseph, Maitland; Mr. T. Honeysett, Lochinvar; Mr. Jacob Gorrick, Rutherford; Mr. Moorehouse, Swamps; Mr. Samuel Bailey, Maitland; Mr. George Yeomans; John Crowder, Lochinvar; Mr. Otto Baldwin, Maitland; Mr. C.V. Earle, Maitland; Mr. Peter Green, Maitland; Mr. Poulton, Maitland; Mr. A. McManus, Maitland; Mr. E. Franks, Black Creek; Mr. F. Williams, Black Creek; Mr. T.B. Cox, Black Creek; Mr. T. Raisbeck, Black Creek; Mr. William Lipscombe, Maitland; Mr. John Stewart, Maitland; Messrs D & J Dickson, Maitland; Mr. Cathrow, Maitland; Mr. John Dickson, Maitland; Dr. Liddell, Maitland; Mr. Jeremiah Ledsam, Maitland; Mr. W.F. Mitchell, Maitland; Mr. Sloan Hyde, Maitland; Mr. John Portus, Morpeth; Rev. Mr. Bolton, Hexham; Rev. Mr. Rusden, Maitland; James Bogle, Maitland; T.W.M. Winder, Luskintyre; Mr. Goldingham, Maitland; Lawrence Potts, Maitland; Mr. Samuel Clift, Maitland; Mr. J. Anderson, Maitland.
From 'An Organised Banditti', The Story behind the Jewboy Bushranger Gang, by Colin Roope and Patricia Gregson.
Capture of the Jew boy Gang
The bushrangers rode from Murrurundi in the direction of the Liverpool Ranges
, climbing to the top of the pass overlooking the township and then on to Doughboy Hollow (Ardglen ), about 30 miles (48 km) from Scone. This was a regular camping ground for drovers and teamsters taking goods and stock between the Liverpool Plains and the Hunter Valley.The camp at Doughboy Hollow was about half a mile (.8 km) off the road. The bushrangers’ horses were “very much jaded” by this time and could travel no further. There were some bullock drays near the camp, but the bushrangers later said the bullock drivers “beat them off,” and the bushrangers settled a short distance away, using just the provisions they carried. It is probable that the bushrangers made up the story of being “beaten off” by the bullock drivers to protect them from recriminations by the authorities, who would have taken a dim view of the bullock drivers allowing the bushrangers to camp near them. As said earlier in the story, members of the convict classes were unlikely to actively oppose the bushrangers because of sympathies held for fellow sufferers of the transportation system and fear of retribution by the bushrangers.
Day’s party came upon the gang about six o’clock in the evening. The gang were in shirtsleeves and their horses were tethered. Some of the bushrangers saw Day’s party leave the road but did not think they could be in pursuit of them, so they took little notice. Davis was at the campfire casting musket-balls. One report said that the gang was alerted by some of Day’s party letting out a cheer. The bushrangers scrambled across the gully to the cover of some trees, and opened fire on Day’s men as they galloped in amongst them, now shooting and shouting. Robert Chittywas the first captured. He fired one shot and had no time to reload before he was taken. Day had a shot at Davis as he retreated. Davis fired a shot in return, missing his target. Davis then placed his gun in the fork of a tree and took careful aim at Day, who was no more than twenty yards away, but still missed. Day said he heard the bullet go by him. Day fired again and wounded Davis in the shoulder. The fact that Davis took deliberate aim at Day would prove literally to be a fatal error on his part. Marshall and Davis were captured after they had fired two and four shots respectively. Shea and Everett climbed a hill overlooking the battle and fired ten shots altogether. Shea fired one shot from a double-barrelled gun and one from a pistol at Edward White, who eventually captured him. Glanville fired one shot before he and the seventh man fled the scene. Glanville was captured next day, about ten miles (16 km) further on towards the Liverpool Plains, by a party led by Constable Nowlan
. The seventh man was never identified.The first five men were captured in less than five minutes, although they only gave up when they had run out of loaded guns. Davis was wounded in the shoulder and Shea was wounded in the calf. Marshall was also slightly wounded. No member of Day’s group was injured. No one was able to say who had fired the first shot, although Constable Nowlan thought that it might have been the bushrangers. After the capture, one of the gang said it was the first time they had not set a lookout. They had not anticipated being followed that day, but thought the entire Colony would be up in arms against them soon. They were only resting for a short time and planned to ride on after dark. The five prisoners were placed in chains and everyone remained camped at Doughboy Hollow for the night. The whole group, both pursuers and pursued, stayed awake all night. During the night, Shea said he was the one who had shot John Graham and there was no use denying it. Marshall said he would shoot any man that fired at him, and that John Graham was a foolish young man who could expect nothing better for firing among so many armed men. Davis said he had always opposed the shedding of blood “for he knew if they did so they would not reign a week; as he said this he looked at the others and said, you see we have not reigned a day.” Davis and Marshall told stories of their bushranging exploits all night. Davis had them all laughing with a story of how he failed to break the bell that had called him to work. This event would have occurred as they passed through the previous night.
The next day the gang was taken through Scone
but, as Day would not sit on the bench with John Anderson , the gang was taken to Muswellbrook for indictment. On their way to Scone, Day’s party met with a party sent out by Robertson to assist in escorting the prisoners back.From 'An Organised Banditti', The Story behind the Jewboy Bushranger Gang, by Colin Roope and Patricia Gregson.
Select
HERE for a photograph of Oldholme built for Magistrates in Maitland.
(2)Maitland Mercury 19 September1849
(3) Maitland Mercury 3 October 1849
(4) Maitland Mercury 6 October 1849
(5) Maitland Mercury 22September 1849
(6) Maitland Mercury 2 January 1847
(7) Maitland Mercury 14 November 1846
(8) Maitland Mercury 6 January 1847
London Gazette 27 April 1827