The Execution of George Waters Ward
Escape from Maitland Gaol by bushrangers Davidson & Smith
Maitland Gaol was constructed in the 1840's on a hill overlooking East Maitland and commanded a fine view over the country for miles around. The first stage was constructed by contractors Messrs. Brodie and Craig who were under the superintendence of colonial architect Mortimer Lewis Esq., the architect responsible for numerous constructions in New South Wales, including five other prisons as well as eleven courthouses and the Tarban Creek Lunatic Asylum. His son Mortimer William junior was also employed in the Colonial architect's department and in 1848 was appointed Clerk of Works on the breakwater at Newcastle. He married Ellen, a daughter of Dr. Stacy in December 1847 at Newcastle.
In 1845 the sum of £1000 was voted in Council towards completing the gaol. Alterations to the original plan were suggested at this time. Instead of wings with many solitary cells and no yards attached it was proposed to have a number of smaller buildings with separate yards for classification. The Colonial Architect agreed that the range of cells could be shortened by one half and two wings which might be curtailed so as to admit of their being completed for about £5000. By putting five persons in a cell the gaol would hold three hundred prisoners. In 1847, the Government expected to contribute another £2,500 towards the construction of the new gaol.
The foundation stone had been laid at 10am on the 16th February 1844 near the north-west corner of the enclosure within the walls. Very few people turned up for the ceremony owing to the showery day and short notice and Edward Denny Day was assisted in laying the stone by just a few men. Several coins of the reigns of George III, George IV, William IV and Queen Victoria, together with an inscription were placed in a bottle, sealed up, and deposited within the stone. The inscription read:
ON THE 16TH DAY OF FEBRUARY,
IN THE YEAR OF OUR LORD
1844,
IN THE SEVENTH YEAR OF THE REIGN OF
HER MOST GRACIOUS MAJESTY QUEEN VICTORIA,
AND
IN THE SIXTH YEAR
OF THE ADMINISTRATION OF THE GOVERNMENT
OF
NEW SOUTH WALES
BY
HIS EXCELLENCY SIR GEORGE GIPPS,
THE FIRST STONE OF THIS GAOL WAS LAID BY EDWARD DENNY DAY, ESQUIRE,
POLICE MAGISTRATE OF
MAITLAND
MORTIMER WILLIAM LEWIS, ESQUIRE
COLONIAL ARCHITECT(1)
On 30th December 1848 the prisoners confined in Newcastle Gaol numbering about forty and accompanied by gaol keeper William Tristram and his turnkeys and watchmen, were loaded onto the Steamer at Newcastle wharf to be transferred to the new gaol at Maitland. Maitland Gaol had been declared the gaol for the Northern Circuit District a few days previously.
On arrival in Morpeth a few hours later the prisoners were transferred to Maitland where they would have been ushered to the walls of the gaol that enclosed an area about 300 feet square.
On entering the compound they would have been confronted with a substantial building giving the impression of vast strength; a solid building made from the best and most durable stone in the neighbourhood. The stones were dovetailed into each other in such a manner that to escape a prisoner would have to cut through the solid stone wall, the outer wall being 2 1/2 feet thick. From the outside the prisoners would probably have observed the roof of slate and the large, handsome, vertical ironed windows that opened from inside passages. (to allow breezes on a hot day). In the yard they would have noticed the space 120' x 36' between the new wing and the outer wall (fenced off for an exercise yard) and other temporary sheds, store houses and loose rejected stones spread about the yard where soon other buildings would be constructed. Perhaps the gallows, which had arrived the previous day from Newcastle were also on view in this area.
One wing of the intended buildings within the gaol walls had been completed. It was 108 feet long by 40 feet wide and contained 28 cells. When the prisoners were moved to the interior of the wing they were confronted with cells measuring 12 feet by 8 feet. Two smaller cells 5' x 8' were intended for condemned prisoner cells. The cells were arranged in a similar manner to other prisons, with 7 cells on the ground floor on each side of a 15' passage; and 7 cells on each side of the second story; a stone walk or parapet 3' and with an iron railing ran past the doors of the upper cells. A stone staircase led up to these parapets. Each cell was considered sufficient to house five prisoners.
For ventilation, a perpendicular tube was cut out of the middle of the solid stone outer wall of each cell and in addition there were two open windows of 6" at the top of each cell. There was a circular opening at the outer corner of the floor of each cell opening direct to the outer air to allow the escape of water. Each cell had two doors, the inner one of open bars of iron and outer of hardwood sheeted with iron.
The ceilings and floors were of large stones 1' thick, the ceilings strengthened by iron girders, the floors on dwarf walls so that they would not become wet or damp.
The prisoners were moved from Newcastle gaol before the new gaol was completed as the Newcastle gaol was considered so insecure that it was imperative that the prisoners be removed at the earliest moment. Still to be finished on this first wing was the entrance area and rooms and bedrooms for the turnkeys. The turnkeys room was to have a window overlooking the gaol yard and two open slits to be provided with shutters looking into the interior passage of the gaol.
Also still to be completed was a stone kitchen near the turnkeys end of the wing, a wing for female prisoners and a lodge on each side of the entrance gateway. The prison was also without a well or water catchment system within the walls.
Joining the newly arrived prisoners from Newcastle in the gaol in the first few days were Joseph Sullivan a shepherd employed by John Bingle who had been sentenced to three months in prison for a breach of the Masters & Servants Act and John Smith a cook employed by William McDonald who was sentenced to 14 days in the new cells.
It was recorded in the Government Gazette on 2nd January that Edward Denny Day was to be appointed visiting magistrate and Dr. William Wilton surgeon at the new gaol. (Major James Crummer who had previously been stationed in Newcastle replaced Edward Denny Day as Magistrate at the gaol in 1849).
With no kitchen, no nearby water and far less chance of escape, it is hard to imagine the prisoners being as enamoured of the gaol as others in the town who considered it would stand in comparison 'with any building in the colony not excepting the new Victoria Barracks in Sydney'.
ESCAPE FROM MAITLAND
GAOL
Just nine months after the
opening of the gaol, the first escape by prisoners
occurred. Bushrangers James Davidson and William Smith had
nothing to lose when they made their escape bid. They had
been sentenced to many years on the roads, the first three
years to be in irons, for robbing the Singleton Mail at
Harper's gate William Harper's Oswald estate near Lochinvar. Mr. Tristram, the gaol keeper
failed to secure the two men in irons after their
sentencing and on the last day of the Court sittings the
two took their chance when the turnkey was distracted by
other prisoners while in the exercise yard. The exercise
yard was situated between the gaol itself and the SE outer
wall and was divided off from the general yard by a high
and close slab paling fence. In the Western paling fence
was the entrance to the yard through a locked stout wicket
door. The men made a ladder on the western wall by placing
prisoners' rolled up beds (which had been taken out for
airing) on top of each other. Davidson being taller first
lifted Smith on to the top of the paling and Smith then
drew Davidson to the top and they slipped down into the
general yard unobserved by the constables or gatekeeper.
The gate was placed about the centre of the SW outer wall,
and running along inside that wall and extending from near
the gateway to the Southern corner of the wall were a
series of low slab buildings using as a cooking house. The
two men climbed on top of these buildings and although
they were then observed by the gaol constable, they
managed to let themselves down the outside by a rope and
escape into the thick scrub of gum trees and bushes on the
southern side of the gaol. By the time the alarm was
raised and fearless police magistrate Edward Denny Day had
raised a posse of police and volunteers, no trace of the
men could be found. The pursuit continued throughout the
evening and for the next two days without sight of the
runaways and a notice of their descriptions was posted.
Davidson was described as a
thick stout determined looking man of 45 - 50 years of
age. 6' tall with a weather beaten countenance with deeply
marked furrows and few whiskers he was said to be without
any savage or ferocious expression. He had previously been
attached to a survey party at Port Stephens. Smith was a
slight man of 5'7" with a thin sharp nose, high cheek
bones, sandy whiskers and light brown hair. His eyes were
small and he wore an expression of indecision in his
countenance. He had been employed as a groom by Mr.
Blaxland at Wollombi.
Soon after this an investigation took place
regarding the manner of escape of the two prisoners.
William Tristram was dismissed from his position and
replaced as Governor of the gaol by James Cox who was paid
a salary of £100.
Ann Cox his wife was matron at the gaol. Mr. Tristram was
also required to repay money he had been drawing in
government rations for his private servant. Other changes
also took place at the gaol. The turnkey Mr. Tierney was
promoted to principal turnkey replacing Major Lackey who
was dismissed. Patrick Toole was appointed turnkey in
place of Tierney and K. Rigney was appointed gaol
constable in lieu of Constable Galvin who was on duty in
the yard where the prisoners escaped.
THE
EXECUTION OF GEORGE WATERS WARD 1849
'On Monday morning George Waters Ward,
convicted at the late Maitland Circuit Court of the murder
of Richard Connelly, was executed inside the walls of the
Maitland gaol, in the presence of several hundred persons,
including a great number of children, and some women.
About five minutes past nine o'clock Ward
was brought out from the gaol into the yard accompanied by
the Rev. Mr. Rusden (who had been with him since six
o'clock that morning), C. Prout, Esq., the Under Sheriff,
E.D. Day, Esq., Dr. Wilton, Mr. Tristrem, and others. The
Rev. Mr. Rusden read prayers, in which Ward joined with
apparent fervour. Having reached the scaffold, Mr. Rusden
knelt down with the unfortunate man, and passed some
minutes in prayer, Ward audibly joining in the responses.
About twelve minutes past nine Ward mounted
the scaffold, Mr. Rusden still accompanying him, and the
executioner following. On reaching the platform Ward
called out in a clear firm voice, 'Good bye, Mr. Tristem,
God bless you, and you all', looking round on the crowd.
Having engaged in prayer with Mr. Rusden for a minute or
two, Ward addressed the crowd assembled nearly as follows:
"My friends, I am going to die this day, and I hope that
you will take warning by me and keep from drink, and that
if any of you ever give evidence in a court of justice you
will speak the truth. I am not going to accuse any one,
but I will only say that some spoke the truth on my trial,
and some spoke false. I die in peace with all the world,
and in the hope of a better life. I pray for you all, and
hope you will all take warning by my example".
The executioner then fastened the rope
round Ward's neck, and put a white cap over his head and
face, during which Mr. Rusden continued praying and Ward
joining with him. Mr. Rusden then left the scaffold, and
the bolt being drawn, the wretched man fell, and died
after struggling convulsively for a few minutes. Ward's
bearing on the scaffold was firm and composed throughout'
Maitland Mercury 21 March 1849
Select here for a photograph of Maitland Correctional Centre