John McKay, The Final Gibbeting - Van Diemen's Land 1837.

                John McKay, The Final Gibbeting

Shocking Murder!

Launceston Advertiser - Thurs 6 April 1837.

"The town and neighbourhood of Launceston has been thrown into great consternation this week, by the perpetration of one of the most cold blooded murders ever committed in the colony. The unfortunate victim a Mr Wilson, second son of Mrs E.H. Wilson of this town.

This young gentleman left Launceston on horseback, late on Saturday, on a journey to Hobart Town, and had reached within a mile of Perth, when he was suddenly accosted by a man who rushed out of the bush and had no sooner called on him to stop than he fired off a gun, the contents of which lodged in the unfortunate young man's side.

The shock of this wound threw Mr Wilson from his saddle to the ground, when the monster who had shot him in the most savage manner attacked and beat him with the butt end of the gun on the head; continuing the blows, notwithstanding the poor fellow's earnest entreaties that his life might be spared, until his victim became insensible, when he rifled him of the money he had taken for his journey, and left him for dead.

He was shortly afterwards discovered by two men who were driving a cart to Perth, and was supported by them to the nearest inn. Surgical aid was called in, but on examination it was found impossible that anything could avail to save his life; the slugs, of which the gun charge was formed, having inflicted wounds, which, independent of the fracturing of the skull by the beating, were sufficient to cause death.

A Drawing of The Old Mill, Perth in 1837.

Mr Wilson became quite sensible from the time of being assisted from the spot where he was shot, until the time of his death, which took place at 4 o'clock on Sunday morning. Previous to his death, he gave a clear statement of the whole and horrible affair, and minutely described the person and dress of his murderer; which we sincerely hope may tend to his discovery and apprehension.

Mr Wilson was interred yesterday, in the presence of a large number of respectable inhabitants who followed the corpse to the tomb. The police have been most actively engaged ever since the fatal occurrence, and a man is in custody, we hear, on suspicion of the murder."

The Trial.

The True Colonist Van Diemen's Land Political Despatch, and Agricultural and Commercial, Friday 5 May 1837.

The Supreme Court, Hobart.

"On Friday last, John McKay and John Lamb were tried in the Supreme Court before his Honour the Chief Justice and a military jury, for the wilful murder of Joseph Edward Wilson.

McKay was arraigned as the principal, and Lamb as an accessory before the fact. The evidence against McKay was both circumstantial and positive - the latter being furnished by an accomplice, Ann Ward, who was admitted an approver (the prosecution).  The evidence against Lamb was purely circumstantial."

Various witnesses were called, the physician, Dr Salmon (an Englishman from Banbury Oxfordshire) who attended that dreadful night gave a statement as to the wounds.

"Dr Salmon's evidence was extremely clear and intelligible. He stated that he was called in to the deceased, and found he had eight wounds to the face and head, two of the latter being fractures of the skull, and a gunshot wound through the belly, the shot entering just under the ribs on the right side, and penetrating as far as the skin on the left. This wound was certainly the cause of death - the wounds on the head having no immediate operation in its cause.

The deceased was constantly vomiting blood, which he passed also by the bowels, till he died. Dr Salmon first saw him at 12 o'clock, and remained with him till between three and four in the morning, the deceased gave his name as Joseph Wilson."

Constable Hemmings was examined at length; he deposed, that on the Saturday evening between 9 and 10 o'clock, he was proceeding along the road from Perth towards Launceston, when he met two men leading a third who seemed hurt, he took his arm, but afterwards gave  him up to Britton and Lee who had charge of him. He accompanied them to Mr Heaney's public house (The Tasmanian Inn) at Perth, when he found the wounded man was Mr Wilson.

Hemmings went along the road towards Perth, and about three quarters of a mile from that town he observed the marks of scuffling in the road, and saw the footsteps of men and a horse. He picked up the lock of a gun and a ramrod. He observed also, the marks as if some person had been standing amongst some wattles near the roadside; he saw footsteps here also, but could not distinguish whether there were  more than those of one person.

He did not know Lamb, but had seen McKay two or three times at Norfolk Plains, about three miles from Perth; he did not know McKay's acknowledged residence."

Mr Britton, servant of Mr Heaney stated that about 3/4 of a mile from Perth he and Lee saw something in the road. "...he was lying in the road on the broad of his back with his head towards Launceston and his feet towards Perth. By the assistance of this companion they lifted him on his feet, and led him towards Perth."

"Charles Wise lives at Norfolk Plains, and knows the prisoner Lamb; the lock produced belonged to a piece which he had sold to Lamb about two or three months ago, for six bushels of wheat.

He received the wheat about a month ago at Lamb's house, McKay and Anna Ward (whose name he did not then know) being present; while he was getting the wheat another woman he did not know came to the door (Sarah Taylor was brought forward and identified by the witness)."

Anna Ward (aged 17) said that she had been living at Lamb's house since the 1st April and had seen McKay there too, on the day of the murder she saw both men leave the house at about 7pm, McKay first, then Lamb 10 minutes later. They both headed in the direction of the road between Perth and Launceston.

The prisoners returned about 12, McKay first, when asked where he had been McKay snapped "what's it to you, a short answer is best for a fool", when asked about the gun he said Lamb had it.

Lamb returned about half an hour later and asked what had happened he answered "I will tell you". His explanation was that they had been up on the Launceston new road, they saw a man coming along on horseback and he went up to him and "bade him to stand".

The man then jumped off his horse and made a rush at him, McKay shot him and the man fell. The man grabbed hold of Lamb's leg and McKay had to bash him over the head for him to let go, that was how the gun became damaged and parts were left at the scene.

Sarah Taylor also said she had seen the prisoners heading off towards Perth, she wasn't sure of the time but it had become too dark to sew, she saw them return between 12 and 1.

The Hobart Town Courier  Fri 5 May 1837.

John McKay.

"The case against McKay closed and His Honour proceeded to sum up. He begged the jury to receive the evidence with caution in consequence of the large rewards, which had been offered for the conviction of the murderers, and animadverted very severely on the shamelessness evinced by Anna Ward.

His Honour went over the whole of the evidence, pointing out the most striking facts, and comparing the testimony of the several witnesses; he was occupied more than an hour in so doing, and appeared very much exhausted, when he had concluded.

The jury retired about a 1/4 after 8 o'clock, and after being absent about 1/4 of an hour, returned a verdict of guilty against John McKay."

John Lamb.

"His Honour addressed the jury on the subject of the two statements by Sarah Taylor and Anna Ward; he observed that the prisoner Lamb, had no actual hand in the murder, yet if he was aware of it, and was engaged in watching, or was only waiting on one side, during it's perpetration, he was as guilty in the eyes of the law, as the actual perpetrator.

The jury retired, and after being absent about 20 minutes, returned a verdict of guilty against John Lamb."

Sentencing.

His Honour proceeded at once to pass sentence upon the miserable men. He pointed out to them in a feeling and forcible manner the enormity of their crime; inveighed in strong terms on the dissolute life the prisoners had been leading; and, after urging them to make the best use of the short time they had to live, expressed a fervent hope, that, when when they appeared on the scaffold, they would be in a better frame of mind, than they were evidently at that time.

Hobart Town Gaol, Execution Site Of John McKay.

His Honour then sentenced them to be executed at Hobart Town on Monday, and their bodies to be afterwards hung in chains as near the scene of the murder as was practicable.

McKay maintained a hardened boldness throughout the whole day; his countenance changed after the verdict, and assumed a ghastly hue; Lamb seemed surprised at the verdict, and loudly declared his innocence, in protesting which, he was removed along with his companion from the dock.

The Gibbeting.

Cornwall Chronicle, Saturday 6 May 1837.

"The body of McKay hung at Hobart Town, arrived in Perth, at two o'clock yesterday afternoon, under charge of Lyons, the Sheriff's Bailiff, and a constable, arranged in the usual iron casing, and ready for exhibition on the gibbet, agreeable to the terms of the sentence of the Judge.

The Under Sheriff of this town had previously received instructions to cause the body of the malefactor to be gibbeted, as near to the spot as possible, and had prepared ready for it's arrival, a gibbet, 20 feet high, at about 40 yards from the main road, to which the body was securely attached about 4 o'clock, in the presence of that officer, the commandant, and a number of spectators.

With that promptitude to benefit the inhabitants of this town, for which our commandant has been distinguished during his residence among us, he did not permit the awful ceremony to pass over, without rendering it serviceable, by way of example, to the unhappy members of the chain gangs and road parties stationed along the Perth road.

John Allen Manton (1807–1864)

They were present, and after the termination of it, were addressed by the Rev. J. Manton, in a very appreciate and feeling manner. It is represented to us, that the exertions of Mr Purvis, the Superintendent of the chain gangs at Perth, were praiseworthy, and that to them may be attributed the expeditious execution of the commands of the Government.

Lyons, it is said, at Perth, that he expected to meet the body of Lamb, on it's way over, for a similar exhibition, on his return to Hobart Town, and that McKay made some confession under the gallows, that caused the delay of his execution. McKay acknowledged the justness of his sentence, and said, that it was Lamb, and not himself, who shot Mr Wilson."

A Twist?

The Cornwall Chronicle, Saturday 5 August 1837.

"Lamb, the accomplice of McKay, and as McKay stated on the scaffold, the actual murderer of Mr. Wilson, it seems has been sent to a Penal Settlement for life.

The authorities in this case have acted upon the principle of punishing the receiver more severely than the thief; the accomplice of the murderer is hung, and his body exposed in chains - and the murderer is transported to a settlement, within a few miles of the spot, at which he perpetrated the diabolical crime.

Blood for blood ordains the scripture; blood for blood decrees the English Law; at the antipodes of England, where a man's life is forfeited for stealing a sheep, or for being CHARGED for stealing a sheep, a wretch who murders a fellow creature under circumstances of most dreadful atrocity, is PUNISHED with comfortable accommodation at a penal settlement."

A Macabre Curiosity.

Launceston Advertiser Thu 11 May 1837. 

"On Sunday the road from Launceston to the place where McKay was hung in chains, was occupied by numerous travellers of every grade.

Amongst the many, two men - one free, the other ticket-of-leave - solaced themselves with a quantity of rum under the gibbet, until as they state they were intoxicated, and senseless. On their return they committed offences for which they have been brought to the Police Office, and their lives are in jeopardy.

So much for this revival of a disgusting relic we hoped had ceased with the barbarous age in which it originated. Sabbath breaking to a fearful extent, and at least constructive burglary are two of the consequent evils. Where shall we find proof of any beneficial result?"

Launceston Advertiser, Thu 21 Sep 1837.

"The body of McKay, the murderer of Mr Wilson, has been removed from the gibbet on the Perth road, by the direction of the Lieutenant Governor. A hole was dug under the gibbet, into which the remains were lowered and interred. The gibbet will be left in its present position."

The gibbeting of John McKay would prove to be the last, this archaic practice was never repeated in Britain or her Empire.

Gibbet Hill, Perth.