Thurlow | Lucey | Berthelsen | Hanran | Madden | McPherson | Storrie | Dewe
[18]65/4631 ....................................................... 9 October 1865
To His Excellency Sir John Young Bart: K.C.B. &c
Governor in Chief of the Colony of New South Wales &c &c &c
Margaret Madden - Praying remission of John Madden's sentence.
The Petition of the undersigned Margaret Madden
of Young in the Colony aforesaid.
Humbly Sheweth :
1st That Your Petitioner's husband John Madden of Young aforesaid Carrier was on the sixteenth day of May last just tried and sentenced at the Quarter Sessions at Yass, presided over by His Honor Judge Meymott to three years imprisonment for stealing, as charged, an empty case which had contained Vinegar in bottles the property of John A. Murphy Esquire or Messrs Murphy and Son Merchants of Murrumburrah and which sentence His Honor the Judge was subsequently pleased to say he would recommend Your Excellency to commute to one year on condition of good conduct.
2nd That by some inadvertence the witnesses for the defence who were in attendance and could have proved important facts in Madden's favour were not called at the trial.
3rd That had those witnesses been heard Your Petitioner verily believes her husband would have been honorably acquitted.
4th That Your Petitioner sincerely believes her husband innocent of any criminal intention in the matter hereinbefore mentioned he having picked up the case alluded to on the road-side.
5th That Your Petitioner has a family of ten children who were mainly depending upon the exertions of the said John Madden for support and are consequently nearly destitute.
6th That the said John Madden is now, as Your Petitioner is informed, lying ill in the Hospital at Paramatta Gaol.
7th Your Petitioner therefore prays that Your Excellency will be graciously pleased to take the subject matter hereof and the subjoined recommendations into your early and favourable consideration and make such order in the case as to Your Excellency may seem meet.
And Your Petitioner as in duty bound will ever Pray.
[signed] Margaret Madden
Young September 1865
----
I have the honor to state that since the trial and conviction of the within named John Madden circumstances have come to my knowledge which I think justify the belief that if the witnesses for the defence had been called at the trial the said John Madden would have been acquitted and I therefore most respectfully beg to recommend the within Petition to the favourable consideration of His Excellency the Governor.
[signed] J. A. Murphy
We beg leave most respectfully to support the foregoing recommendation.
Joseph PearceArthur H. Macarthur J.P.Watson BrosW.H. Pownall Incumbent of St JohnMargaret I. WilkieJames Phillips Wesleyan MinisterMichel Shmith Empire HotelWilliam Aizz Merchant YoungChristopher B. Ward Publican YoungChas Temple VenzN.W.D. Thomas Congregational MinisterThos Coupland YoungJohn Wolfe Auctioneer YoungHaving known Petitioner's husband John Madden for many years as an honest and industrious man, I beg most respectfully to recommend the prayer of this Petition to the favourable consideration of His Excellency the Governor.
[signed] John Hurley
Campbell Town
30th September 1865
---
I remember that I was not properly satisfied of the Prisoner's guilt in this case and I made the promise within mentioned. If Mr Gordon's report of the Prisoner's conduct is favourable to him, I beg to recommend the case to His Excellency's consideration.
[signed] F.W. Meymott
Nov 14 1865
Retn
16 Nov '65
His Excellency
[sgd]
16 Nov
18 Nov/65
Get report from gaolers
[Init] I.G.
BC roster
The Sheriff 65/3320/21 Nov
Report herewith
……? ? Secretary
[init] BC 25 Nov Rets
W.M.
Noted
25 Nov
Retd
27 Nov
29 Nov 1865
Margaret Madden: Let the Prisoner John Madden be released when he shall have completed twelve months of his sentence in accordance with Judge Meymott's promise and ecommendation.
[sgd] I.G.
Advise
Sheriff
Judge Meymott
Mrs Madden
I.G. of Police
4th Dec 1865.
---
[18]65/5538........................................ 5 December 1865
Margaret Madden
Young 29th November 1865
Urging reply to Petition praying remission of herhusband's sentence John Madden
Sir,
I have the honor to beg your attention to the fact that no reply has been received by me to the Petition presented through Mr Hurley in favour of my husband, John Madden.
The petition was signed and supported by a special endorsement by the prosecutor Mr J.A. Murphy who subsequent to the trial was convinced that my husband was innocent of the charge upon which he was convicted. You will probably recollect Sir my calling at your Office with a note from Mr Hurley relating to this business and I at that time ascertained that the petition had been referred to His Honor Judge Meymott.
Humbly begging that you will cause early attention to this matter, and me to be informed of the result.
I have the honor to beSirYour Most Obedient Servant[signed] Margreat Maddne [sic]
Address -
Mrs Margaret Madden
Burrowa Street
Young
The Honourable
The Colonial Secretary
SYDNEY