50-Day Family History Blogging Challenge - Day 17
Fragments of Family History – Thomas Rose – Guardian of William Kearns – Part 2
Jennifer Jones from TRACKING DOWN THE FAMILY has initiated a 50-Day Family History Blogging Challenge. This is a big writing commitment, but I have decided to participate. I have decided my topic will be “Fragments of Family History”. I will write short posts of newspaper items or single stories connected to my family history. This may expand over the 50 days.
Thomas Rose – Guardian of William Kearns – Part 2
My 3x Great Grandfather, Thomas Rose, was the guardian of William Kearns but why did he need one?
William Kearns was born in about 1803 in Sydney, the son of Matthew Kearns and Ann Farley.1 Matthew Kearns was a butcher in Pitt Row (later Pitt Street), Sydney.
MATTHEW KEARNS,
𝐿𝑖𝑐𝑒𝑛𝑠𝑒𝑑 𝐵𝑢𝑡𝑐ℎ𝑒𝑟, 𝑃𝑖𝑡𝑡’𝑠 𝑅𝑜𝑤 𝑆𝑦𝑑𝑛𝑒𝑦,
MOST Respectfully begs leave to inform his Friends and the Public in general, that he constantly supplies all kinds of Carcass Meat of the very Best Quality at the following prices, viz. Beef at 1s. 7d. per pound, Mutton at 1s. per pound, and Pork at 7d. per pound.2
William Kearns’ mother Ann died on 28 October 1809.3
DIED.—On Sunday night last, Mrs. ANN KEARNS, of Pitt's Row, after a long and painful illness. The day following a Coroner's Inquest was convened, whose Verdict was—Death by the Visitation of God.4
In 1811, Matthew Kearns was remanded in custody for allegedly stealing and receiving stolen cattle. He decided to take matters into his own hands and remove the key witness!
TRIAL FOR The MURDER of JOSEPH SUTTON.
On Monday morning, between 9 and 10 o'clock, the Court of Criminal Jurisdiction re-assembled, and proceeded to the trial of Thomas Mahony, and Pearce Conden, for the wilful murder of Joseph Sutton, on the night of the 5th of March instant ; and Matthew Kearns, John Kearns the elder, and John Kearns the younger, for inciting, moving, aiding, abetting, counselling, hiring, and commanding the said Thomas Mahony and Pearce Conden to commit the said murder…The deceased was a material evidence [witness] for the Crown in the prosecution of several delinquents then confined on various charges of stealing and receiving cattle, and as a Crown approver had been directed to live in the house of one Grimshaw, a constable of Parramatta…5
It was established that Matthew Kearns was committed to stand trial on charges of cattle-stealing where Joseph Sutton was to give evidence. Constable Richard Grimshaw found two known associates of Kearns, his servant Pearce Conden, and his co-accused Thomas Plumb’s wife Eliza, at Wright’s house in Parramatta, outside which the murder took place.
Joseph Sutton had been living with the Constable Grimshaw and his wife in Parramatta for about six weeks for his protection and was scheduled to appear in court in Sydney at the cattle-stealing trial shortly. Eliza Plumb had struck up a friendship with Sutton and would visit him at the Grimshaw house or he would visit her when she was in town.6
Martha Wright, wife of Edmund Wright, who owned the house said that Conden, Matthew Kearns’ servant had been staying at her house in Parramatta two or three times a week for the past three months. Eliza Plumb had also stayed at her house in the last month or two. She recognised the long pistol, suspected to be the murder weapon which had been found in Wright’s privy, as belonging to Conden who was staying at her house on the night in question, as was Eliza Plumb.
William Lewis, who was part of the murder conspiracy but not charged as he was a witness for the prosecution stated that Pearce Conden, Matthew Kearns’ brother John Kearns and son John Kearns had forced him to participate on the orders of Matthew Kearns or they would kill him. On the night in question, he met up with Tom Mahoney and they met Pearce Conden under the old bridge near Edmund Wright's house. They went to the paling fence surrounding Wright’s house, Lewis stayed at one corner and the other two went forward out of Lewis’ sight. Two or three minutes later, Lewis heard a shot. Mahoney rejoined him and they went beneath the bridge and then home while Conden went in Wright’s back window.7
Eliza Plumb stated that she was
the wife of Thomas Plumb ; she knew Pearce Conden very well by his going backwards and forwards where she usually resided, and was also acquainted with Matthew Kearns, his son, and brother. The deceased Joseph Sutton she likewise knew for the space of four years. Early in February her husband was apprehended on suspicion of cattle-stealing, and taken to Sydney gaol, whither she attended him with provisions. On the first time of her carrying in his breakfast, the prisoner Matthew Kearns, who was at the same time in the prison, came into the lodge, where she sat, and sitting beside her said, "I understand you have great influence over Joseph Sutton :—there are a great many lives depending ; and it would be a great pity, but he could be put out of the way." He also said, that if the witness would be the means of getting him out into the bush he would be a sincere friend to her ; for that he had a man, one Pearce Conden, to whom he could trust his life.8
On the night of the murder, Conden and Eliza Plumb were staying at Wright’s house in Parramatta. Eliza saw Conden load his pistols. She tried to talk him out of it and he said he would take her advice but had two men to see at 8 o’clock.
The eight o'clock bell that instant rung, and he [took the old blue coat wrapped around the pistol and left]… was away for about three quarters of an hour, when he returned, and calling the deponent out the back way, asked if she had seen Sutton since he was out? she told him she had not; ... A stone came that instant against the weatherboarding of the house; on hearing which he pushed her into the passage, and desired her not to stir out. He then ran off, and shortly after she heard the report of a pistol. A few minutes after he re-entered the back way, much confused, saying he had done his job, and requesting her to go out and secure the pistol, which was in the cart, but she refused, He then hastily ran out again at the back door, and deponent ran out at the front with Mrs. Wright and others. After the alarm she saw Pearce Conden … had gone to bed unperceived, by going in the back way while everyone else was out at the front of the house.9
At ten o'clock the JUDGE ADVOCATE and MEMBERS of the Court withdrew to consider of their verdict, and returning to their seats at two o'clock on Tuesday morning, all the prisoners were pronounced Guilty, and received sentence of Death immediately.10
EXECUTION.
On Wednesday morning, between seven and eight o'clock, Matthew Kearns, his brother John Kearns the elder, and his son John Kearns the younger, were taken from the gaol, & were by their own request permitted to walk to the place of execution, where they suffered death, and were afterwards given up for dissection, pursuant to their sentence; and at four o'clock the same afternoon Thomas Mahony and Pearce Conden were executed at Parramatta, as near to the spot where the late unfortunate Joseph Sutton was murdered as was possible. Conden died penitently, declaring aloud to the spectators in his last moments that his fellow sufferer was the identical man who shot the deceased with the pistol he had given to him. The other with truly lamentable indifference contradicted his dying declaration, and unhappily appeared but little affected, by the dreadful situation in which his crimes had placed him, A little after four they were launched into eternity, and their bodies, when taken down, were also given for dissection11.
William Kearns was now an orphan at 11. Thomas Rose became his guardian.
NSW Births, Deaths & Marriages, Death Index for William Kearns, father Matthew, mother unknown, at Campbelltown, Registration No. 6028/1880
The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) 16 December 1804: 4. Web. 27 Jun 2025 <http://nla.gov.au/nla.news-page6032>.
"Family Notices" The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) 5 November 1809: 2. Web. 26 Jun 2025 <http://nla.gov.au/nla.news-article627855>.
Ibid.
"TRIAL FOR The MURDER of JOSEPH SUTTON." The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) 27 March 1813: 2. Web. 27 Jun 2025 <http://nla.gov.au/nla.news-article628655>.
Ibid.
Ibid.
"TRIAL FOR The MURDER of JOSEPH SUTTON." The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) 27 March 1813: 3. Web. 27 Jun 2025 <http://nla.gov.au/nla.news-article628655>.
Ibid.
Ibid.
"TRIAL FOR The MURDER of JOSEPH SUTTON." The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) 27 March 1813: 4. Web. 27 Jun 2025 <http://nla.gov.au/nla.news-article628655>.