"To His Excellency Major Genl Sir Thos. Brisbane
Governor
&c &c &c
The Memorial of Wm Powditch upon the Conduct of
a Magistrate or Magistrates of the Windsor Bench, in
a case of Arrest of a Servant in the employ of the
Memorialist, whereby the Memort has already
sustained material injury and will sustain further
injury in the stopping the progress of his farming
pursuits, and which your Memorialist is led to
believe unwarrantable, on the part of that Bench,
and wherefore, your Memorialist humbly submitting
the within statements to your Excellency's
consideration, confidently hopes, the extention of
your Excellency's protection in this case, and (that
should your Excellency deem it necessary) the
assistance of the Crown Officers in the recovery of
the damage.
Your Memorialist humbly sheweth, that, he
employed Wm. Richardson (a ticket of leave man) in
his service, on the 10th[?] day of January 1825 And
that Wm Richardson, was then out of employ having
obtained his ticket of leave on the 21st October 1824
but that previous to that period, he had been the
assigned servant to Mr J Gaggin, who had been
(New Page) assisting to the procuring of his ticket,
that, when your Memorialist employed the said Wm
Richardson he did not know of any agreement with
the said J. Gaggin. And that the said J Gaggin, did
know of your Memorialist intention to employ the
said servant at least one month prior, to that
engagement, and that the said J Gaggin did say he
was sorry he had signed his memorial in said Wm
Richardsons favor, because said Wm Richardson
did not chuse afterwards, viz, in the month of Novr
to go to Bathurst for his (J Gaggin's) cattle, and
which said Wm Richardson, excused himself from
doing, alledging that, he did not receive sufficient
means viz only 10/ or 4 dollars for two men, that sum
not being enough to find him in rations during so
long a journey: and therefore your Memorialist did
not hesitate to employ the said Wm Richardson to
drive cattle to the ?Eal River, your memorialist only
agreeing to fund him in rations there and back: but
your memorialist did subsequently give him a
gratuity for his attention and care in remaining in
charge of the Stock, till your memorialist, servants,
had erected a dwelling &c But your Memorialist not
finding said Wm Richardson, afterwards employed
as sd. Wm Richardson expected as a painter, did
offer to employ him as a Stock-keeper, he having
been so employed for 8 or 9 years in this Colony:
And your Memorialist allowing him liberal Wages of
£30 per Annm and allowances upon the the Stock
making equal to abt £50 per Annm besides rations
for himself and his Wife equal to abt £1 more per
Week: And which your Memorialist was induced to
do from the good character given of the said Wm
Richardson, as well by the said J Gaggin as by his
former employers, and also from the difficulty
(New Page) of procuring such a servant.
Your Memorialist under these circumstances, was
much surprised, some days back, to find that the
said servant did not arrive as ordered, at Sydney, to
collect the necessary implements for completing a
dairy which your Memorialist had been (from his
engagement with said Wm Richardson) and ... to
put up, and also for collecting other Cattle abt 40
head which your memorialist had agreed to be
taken at a particular time, and such delay was
occasioned by a summary order of a Magistrate
(Capt J Brabyn) to your memorialist servant to get
in 5 or 6 head of Cattle belonging to aforesaid
J Gaggin; and to be delivered by a particular day or
said Wm Richardson to be taken before the bench
on that day. The said Cattle being intended for a
Woman (Lucy Freeman) as the portion of her
illegitimate child, and which had before been taken
to this individual (as your Memort is informed) by
said Wm Richardson in the name of his Master
(J Gaggin) but which she did not know then chuse
to accept, and also said Wm Richardson did by the
orders of his then Master Mr J Gaggin deliver the
same cattle to the pound keeper, but was directed
by an order of said Capt J Brabyn to take said cattle
back from the pound to the ?Quarry ?Yory ?Brush
and was afterwards ordered by his Master to Coal
River and said Richardson told his Master he could
not afterwards get them in without assistance of
another Man - And said cattle since which time
were runing abt the Commons and could not be
under the charge of said W Richardson while in the
habit of going long journies for his Master And the
said Wm Richardson has declared excepted when
(New Page) going journies he was not rationed for
last 12 months from last Christmas, by his Master,
but was supported by his own work, but did not pay
any-thing to his Master.
And the said J Gaggin stated in excuse for the
conduct of his father-in-law Capt J Brabyn, that the
said Wm Richardson had promised Verbally to bring
in the said cattle, previous to his signing the
application for ticket of leave, which he otherwise
would not have signed, and that therefore he
considered the Magistrate justified in ordering the
said Wm Richardson to get the cattle in without any
notice or reference to his then employer. And your
Memorialist in consequence of such opinion did
take legal opinion which informed your Memorialist
that no Magistrate could/would be guilty of such
proceedings which was also the opinion of other
Magistrates. And your Memorialist did write to the
Magistrate (Capt J Brabyn) desiring to know if said
W Richardson was so detained and also stating the
opinion your memorialist had received, And which
your Memorialist, did say, he hoped would prevent
such unwarrantable interference in future. And your
memorialist shewith that the said servant was again
ordered to attend, on another day, before the Bench,
with any information being sent to his employer, but
your Memorialist, learning the facts, and that all the
parties were in Sydney, did make application to your
Excellency's Secretary (Major Ovens) for his advice
and opinion, to prevent further delay and expense
(New Page) etc to be allowed to remove the said case
to the hearing of the Sydney Bench, but your
Excellency's Secretary, did not think such a step
expedient or necessary but did recommend your
Memorialist to apply for the proceedings, of the
Magistrates in the case, to be put to the Law Officers
for your memorialists protection; that your
memorialist did accordingly by letter apply for such
proceedings, sending the letter by the said Wm
Richardson on your memorialist own Horse that he
might not be negligent of his Summons, or do
?any - other act, contrary to proper authority. And
your Memorialist did write to a Magistrate of that
Bench (Mr Cox) to endorse the said W Richardsons
ticket to remove from that district which your
memorialist only then learnt was requisite although
the said W Richardson had principally been
employed within the district by your Memorialist.
And your Memorialist, did also write to another
Magistrate (Mr Bell) to assign to your Memorialist
the Wife of the said Wm Richardson, it appearing
she had not been regularly assigned from his
employ, except by Marriage license to said
W Richardson. But your Memorialist has not
received any reply to any of his communications,
but your Memorialist Servant, was ordered, again, to
find the cattle and to deliver them to the district
pound keeper, and to appear again next court day,
viz, seven days, with a receipt for the cattle and that
then the magistrates would sign his
(New Page) ticket to leave the district providing he
brought the receipt (Mr Cox stating there would be
no ?intersueding court day as the magistrates were
coming to Sydney.)
And your Memorialist Servant is thereby further
detained, from his employ, to your memorialists
great injury, and has been already three weeks
attending the said courts orders, and must still
attend one week more, making an absolute delay of
one month during all which the said Wm Richardson
is paid and fed by your Memorialist. And wherefore
your Memorialists stock which were going to his
farm (abt 40 head) must now wait another
opportunity; it being necessary to provide without
delay provisions for your memorialists farm. And
which provisions can only go by Water on the
succeeding Friday to the last Saturday your
Memorialists Servant shall be detained, and your
memorialists Servant must be in the least six
weeks, before he can reach his farm from the time
of his first detainer; during all which time your
Memorialists stock abt 130 head on his farm at
Hunters River; are in the charge of inefficient
convicts; are now Calving, as also many dairy
Cows, becoming dry for want of proper
management which will be a serious loss for this
whole year diminishing your memorialist produce
full £300 besides the wages and provisions now lost.
And in consequence of the first detention
(New Page) your Memorialist was not able to bring
the said Wm Richardsons testimony to the Police,
relating to a runaway convict, by which delay this
convict by again absconding did escape just
punishment. And your Memorialist begs further to
show that he did not engage the said
Wm Richardson till near three months after his
discharge by ticket by J Gaggin and which was
ample time for his enforcing any legal lawful
authority, and that the said J Gaggin although he
knew previously of your memorialists intentions, to
engage said W Richardson, he did not make any
objections, or intimate any claim upon said
W Richardson, but only expressed his
disappointment, on the said W Richardson not
going to Bathurst and in consequence of which said
if W Richardson was not careful he would deprive
him of his ticket.
And did say also that the aforesaid Magistrate, his
father-in-law Capt J Brabyn, was displeased that he
(J. Gaggin) had signed said W Richardsons
Memorial for his ticket. And did say to W Richardson
on my sending copy of my letter to Capt Brabyn he
J. Gaggin was sorry he did not make Capt Brabyn
take his ticket away as soon as he got it. And your
memorialist does believe the aforesaid party to have
been actuated by unjust motives towards this
individual, or with a view to deprive your
Memorialist of his services altho your memorialist is
not aware of just cause for either such. And your
Memorialist
(New Page) therefore humbly prays your Excellency
will be pleased to give him your Excellency's
protection, by ordering full enquiry to be made, and
in such case of the magistrates having done
wrongfully; afford to your Memorialist legal advice
and protection, in case your memorialist should
otherwise not be reimbursed, for the great injury he
has sustained.
(N.B. Further details are continued in the following 'cell')