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1799: Simon Taylor, for indulging in drunkenness

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From the public-domain An Account of the English Colony in New
South Wales From Its First Settlement, in January 1788, to August 1801 (pdf):

April 1799

On the first of this month the criminal court sat for the trial of a soldier belonging to the regiment, who had a few days before stabbed a seaman of the Reliance, who insulted him when centinel at one of the wharfs at Sydney. The man died of the wound; the soldier, being called upon to answer for his death, proved to the satisfaction of the court, that it had been occasioned by the intemperance of the seaman, and he was accordingly found to have committed a justifiable homicide.

This accident was the effect of intoxication, to which a few days after another victim was added, in the person of a female, who was either the wife or companion of Simon Taylor, a man who had been considered as one of the few industrious settlers which the colony could boast of. They had both been drinking together to a great excess; and in that state they quarrelled, when the unhappy man, in a fit of madness and desperation, put an untimely end to her existence. He was immediately taken into custody, and reserved for trial.

To this pernicious practice of drinking to excess, more of the crimes which disgraced the colony were to be ascribed than to any other cause; and more lives were lost through this than through any other circumstance; for the settlement had ever been free from epidemical or fatal diseases. How much then was the importation of spirits to be lamented! How much was it to be regretted, that it had become the interest of any set of people to vend them!

Several robberies which at this time had been committed were to be imputed to the same source.

…

May 1799

Several offenders having been secured for trial, it became necessary to assemble the court of criminal judicature; and on the 16th Simon Taylor was brought before it, accused of the murder of his wife [Ann Smith was her name -ed.]; of which offence being clearly convicted, he received sentence of death, and was executed on the 20th at Parramatta. This unhappy man was thoroughly sensible of the enormity of his guilt, and in his last moments admonished the spectators against indulging in drunkenness, which had brought him to that untimely and disgraceful end.

At the same court, one man, Robert Lowe, was adjudged corporal punishment, and one year’s hard labour, for embezzling some of the live stock of Government, which had been entrusted to his care. He was a free man, and had been one of the convicts who were with Captain Riou in the Guardian, when her voyage to New South Wales was unfortunately frustrated by her striking upon an island of ice; on account of which, and of their good conduct before and after the accident, directions had been given for their receiving conditional emancipation, and being allowed to provide for their own maintenance.

Few of these people, however, were in the end found to merit this reward and indulgence, as their future conduct had proved; and this last act of delinquency pointed out the necessity of a free person being sent out from England to superintend the public live stock, with such an allowance as would make him at once careful of his conduct, and faithful in the execution of his trust.

It should seem that the commission of crimes was never to cease in this settlement. Scarcely had the last court of judicature sent one man to the gallows, when a highway robbery was committed between the town of Sydney and Parramatta. Three men rushed from an adjoining wood, and, knocking down a young man who was travelling to the last mentioned town, rifled his pockets of a few dollars. On his recovering, finding that only one man remained, who was endeavouring to twist his handkerchief from his neck, he swore that no one person should plunder him, and had a struggle with this fellow, who, not being the strongest of the two, was secured and taken into Parramatta. A court was immediately assembled for his trial; but the evidence was not thought sufficient to convict him, and he was consequently acquitted. The want of any corroborating circumstance on the part of the prosecutor compelled the court to this acquittal.

On this day..