Sacred to the memory of
SAMUEL LEPTON
who departed this life June
20th 1825 Aged 27 years
~~~~~~~~
The wicked BYRON who show me
The ALMIGHTY JUDGE will shortly see
And I the witness shall be there
The truth against him to declare
That righteous Judge will hear my case
And doom him to his own place
That wise Creator who is good
Commends us all to shed no blood
And those who do he'll not forgive
His laws decree such shall not live
BYRON ! Prepare to meet thy doom
The awful summons soon will come
When you must answer for my blood
Before thy maker and thy God
So who was Samuel Lepton? And who is this Byron, who has presumably by now met his doom?
I'm not the first to ask this question. Lepton died in 1825, and the Devonshire St Cemetery was resumed in the first decade of the 1900s. The Lupton headstone was probably transferred to the Botany Memorial Cemetery in 1901 when headstones were transferred to make way for Central Station.
In 1882, William Henry ELLERKER (abt 1837-1891, architect and Mayor of St Kilda, https://en.wikipedia.org/wiki/William_Henry_Ellerker) wrote a letter to the Sydney Morning Herald while on a visit to Sydney:
The Sydney Morning Herald - Thu 13 Apr 1882
A SINGULAR EPITAPH.
TO THE EDITOR OF THE HERALD.
Sir,-Nearly 20 years ago, when on a visit to your city, I strolled into the Redfern cemetery, and read a very singular epitaph upon a tombstone. To-day I again went there, and by the kindness of Mr. Healy, who was renovating some of the headstones, I was enabled again to find it. I have often asked Sydney people about it, but could never hear any particulars. Perhaps some of your readers may be able to give some information, and throw some light upon its singularity. The following is a correct copy of the writing upon the stone : {Epitaph as transcribed above}.
Trusting I have not occupied too much space, I am, &c.
W. H. ELLERKER.
April 12.
This query, almost sixty years after "Lepton's" death, stimulated TWO responses. The first response was from F.W. FABRIS (not identified), who outlined the circumstances of the death of Samuel LUPTON, and the subsequent trial and acquittal of Constable John Byron.
The Sydney Morning Herald - Sat 15 Apr 1882
A SINGULAR EPITAPH.
TO THE EDITOR OF THE HERALD.
Sir, - In reply to Mr. Ellerker's letter in your issue of of this morning, l beg to inform him that the man whose epitaph he quoted was killed by a police constable named John Byron, as appears from the following extract from the Sydney Gazette of the 2nd June, 1825 : -
"An inquest was held on the body of Samuel Lapton, on Monday last, who was shot the preceding night on the Parramatta-road. The deceased was going along the road when he was challenged by the Constable (Byron) as to his business, whether he was a free man, &c. He refused (so goes our information) to produce his certificate of freedom, whereupon he was taken into custody, and lodged in the nearest round-house. Here an altercation ensued, and the constable proceeded to confine the deceased in a subterraneous apartment, when he attempted an escape. Byron followed him, and discharged a pistol, by which the unfortunate man was wounded in the back. Not stopping, however, the constable returned, and again pursued with another pistol, in discharging which he brought his object to the ground, and secured a corpse! After a careful investigation the jury returned a verdict of wilful murder against John Byron, who was fully committed for trial on Tuesday. In justice to the constable we must add, upon the issue of the lamented occurrence he delivered himself up to custody."
John Byron was subsequently tried for wilful murder at the Supreme Criminal Court on October 7th of the same year, but acquitted by the jury and discharged, after a few words of admonishment from the Chief Justice on the too ready use of weapons of offence in the execution of duty.
In conclusion, I would call attention to two peculiarities in connection with this affair, the first of which is that the tombstone gives the man's name as Lepton ; the account of his death in the Gazette of the 2nd June, Lupton ; and the notice of Byron's trial in the Gazette of the 10th October, Lupton. Secondly, the tombstone records the date of death as the 20th June, 1825 ; whereas the inquest took place on the 30th May and the death on the preceding evening according to the Gazette of the 2nd June. In this chronological difficulty, and not having seen the tombstone inscription, I can only suggest that Mr. Ellerker may be wrong in this part of his roading of what, no doubt, has become very indistinct from the ravages of time.
Hoping this may be of interest to many of your readers,
I am. &c.
F. W. FABRIS.
Bent-street, April 13.
The first response, published the same day as the first, was from Obed WEST (1807-1891, http://adb.anu.edu.au/biography/west-obed-13321), who outlined his recollections from 60 years earlier. West is now well-known for his memoirs of early Sydney, collected and published in more recent times. His letter below captures his clarity of memory (though Byron's testimony deviates slightly).
TO THE EDITOR OF THE HERALD.
Sir, - Upon taking up the Herald of this morning I notice that Mr. Ellerker wishes to obtain some information respecting the lines upon a stone erected over the grave of Samuel Lepton in the Redfern Cemetery. Although it is now some 57 years since Lepton's death, yet I have a clear recollection of the circumstances attending it, and am glad to give the information desired. The time treats of the early days of the colony, when there was a large number of prisoners in Sydney, and a very strict supervision was kept over them. For the purpose of more effectually securing them guard-houses were established at various points, one was placed at Grose Farm, now called the University Paddocks. One evening the guard-house was occupied by Byron, and in the dusk of the evening Lepton was passing by, when the former attempted to arrest him, but Lepton refused to allow him, whereupon, without further notice, he was shot dead, hence the meaning of the lines referred to. Byron was formerly an overseer of the prisoners quarrying the stone for the wall of Darlinghurst Gaol, and Lepton, I believe, was a free man. Mr. Antony Best, was the person who had the headstone erected, and had the lines written. The above are the circumstances connected with the matter, and
form the whole history of the lines, which have been read with interest by many.
Yours. &c..
ODED WEST.
So, 60 years later, the memories are fundamentally correct. A brief record of the trial can be found at (www.law.mq.edu.au/research/colonial_case_law/nsw/cases/case_index/1825/r_v_byron/), and reveal that an unarmed LUPTON was stopped at a guard house on Parramatta road outside what is now Victoria Park/University of Sydney. BYRON, a constable, recognized LUPTON from years earlier when LUPTON was a convict, and was challenged to show his Certificate of Freedom. Samuel did not have his Certificate of Freedom in his possession, and ultimately fled, whereupon BYRON shot him dead with two separate pistols. The Sydney Gazette of 10 Oct 1825 contains an account, and indicates that LUPTON had been free for three years, and was headed into Sydney under instruction from his employer ANTHONY BEST.
Samuel LUPTON was born around 1798 in Yorkshire/Lancashire, and by 17 was known to the law, when he was sentenced to 12 months for larceny. Samuel had likely not been long out of gaol when he was arrested in Cheshire, and again appeared in court charged with larceny. On 16 Apr 1816, Samuel was sentenced to 7 months transportation.
The Chester Courant (2 April 1816) reported that "Joseph Ward, Samuel Lupton, and Anne Nickson, were apprehended Saturday last, charged with stealing a quantity broad and narrow Yorkshire Cloth, from the court of Edward Gaskin, standing at the door Black Bear, Forestgate-street, and taking two drab-coloured great-coats, from the cart of the said E. Gaskin, standing near the above house — they underwent examination before our sitting Magistrates the same day, and were finally committed for trial at the ensuing City Sessions".
The Chester Courant (16 April 1816) reported that "Our City Sessions commence to-morrow: the following prisoners are to take their trials .... ; Samuel Lupton, aged 20, Joseph Ward, aged 49, a nailor, and Ann Nickson, alias Ward, for stealing cloth".
Later that year, Samuel aged 20 was transferred to the 'Justitia' hulk at Woolwich, till embarked for New South Wales. On 20 Dec 1816, Samuel was on the ship 'Shipley' when it sailed to NSW, arriving in April 1817. LUPTON would have served several masters as a convict, and appears to have been supervised by BYRON when quarrying stone (described by West above). Musters of convicts indicate Samuel was 5' 8" tall with brown hair and hazel eyes, and described himself as a 'weaver'. By 1823, LUPTON had received a Certificate of Freedom (in fact one muster indent for Samuel states "Certificate in the office"), and was employed by Anthony BEST.
The articles on the court case capture some of the negativity towards BYRON for shooting an unarmed and free man. In being found Not Guilty, even the judge admonished BYRON for his actions. Clearly feelings were strong - only BYRON's version of events could be heard - and Obed WEST provides the information that Anthony BEST organized the headstone with its vengeful epitaph.
As for John BYRON, his behavior and reputation appear not to have improved. Byron had arrived in NSW on the 'Larkins' in 1818, found guilty of 'highway robbery'. Disturbingly: "JOHN BYRON was indicted for feloniously assaulting John M'Garrel , Esq. on the King's highway, on the 13th of March, and putting him in fear, and taking from his person, and against his will, two bank notes, value 10l. each, his property. (In this case the prisoner had obtained the amount stated in the indictment, from the prosecutor, under a threat of charging him with an unnatural crime; the particulars of which are too indecent for publication). GUILTY . - DEATH . Aged 18.
The Australian - Sat 12 Aug 1826
The man named Byron, who was tried some time ago on a coroner's inquest for the wilful murder of Samuel Lupton, on the Sydney road, was brought up last week from Port Stephens, whither he had been sent in the capacity of constable, on a charge of killing a black native. The Attorney General deeming the evidence insufficient to convict him, had him brought up by habeas corpus, and discharged by the Supreme Court.
Following this, BYRON made his way to Tasmania/VDL where he again served as constable. At one stage (circa 1838), he was nominated for Chief Constable, leading to great outcry in Newspapers. BYRON married in VDL, and had at least eight children, and his cottage still stands (https://www.richmondcottagestasmania.com/). BYRON died in 1852 in Richmond, Tasmania, and was buried at the Catholic Cemetery there.
Richmond Cemetery, Tasmania
JOHN BYRON late
... Constable Richmond
who died... 1852
Thank you for this fascinating insite to the history of these events.
ReplyDeleteKind Regards
John Byron (Born 1958)