See also
| Husband: | George NEVILLE (1835-1897) | |
| Wife: | Elizabeth Maria PARROTT (1835-1898) | |
| Children: | Fanny NEVILLE (1857-1885) | |
| William George NEVILLE (1860-1939) | ||
| Eliza Marian NEVILLE (1862-1936) | ||
| Elizabeth Paine NEVILLE (1865-1951) | ||
| George Thomas NEVILLE (1867- ) | ||
| Edward John NEVILLE (1870- ) | ||
| Robert NEVILLE (1875- ) | ||
| Marriage | 18 Dec 1856 | Littleport, Cambridgeshire, England |
| Both were resident at Littleport at the time of the marriage. Bachelor and spinster, both signed. Witnesses were Henry Appleby, Robert Leach, and Elizabeth's sisters Frances Anne Parratt and Sarah Harriet Parratt. | ||
| Name: | George NEVILLE | |
| Sex: | Male | |
| Father: | - | |
| Mother: | - | |
| Birth | 1835 | Great Braxted, Essex, England |
| Census | 6 Jun 1841 (age 6) | Great Braxted, Essex, England1 |
| Census | 30 Mar 1851 (age 16) | Great Braxted, Essex, England2 |
| Village House | ||
| Occupation | 30 Mar 1851 (age 15-16) | blacksmith; Great Braxted, Essex, England2 |
| Disembarked | Apr 1857 (age 22) | Melbourne, Victoria, Australia |
| George and wife Elizabeth arrived on the Lightning with his grandparents, Thomas and Phoebe Neville, who were then 70 and 65. both men were recorded as smiths. | ||
| Death | 14 Jun 1897 (age 61-62) | Allendale, Victoria, Australia |
| Burial | 15 Jun 1897 | Gordon, Victoria, Australia |
| Name: | Elizabeth Maria PARROTT3,4 | |
| Sex: | Female | |
| Alt. Name: | Elizabeth Maria PARRATT | |
| Father: | William PARROTT (c. 1798-1859) | |
| Mother: | Mary UNKNOWN (c. 1801-1854) | |
| Birth | 1835 | Stepney, London, England |
| Baptism | 6 Sep 1835 (age 0) | St Dunstan - Stepney, London, England |
| Census | 6 Jun 1841 (age 6) | Stepney, London, England5 |
| 19 Clark Street, Stepney | ||
| Census | 30 Mar 1851 (age 15) | Great Braxted, Essex, England6 |
| School House, Great Braxted Elizabeth is staying with her sister Eliza |
||
| Death | 19 Nov 1898 (age 62-63) | Ballarat, Victoria, Australia |
| Burial | 22 Nov 1898 | Gordon, Victoria, Australia |
| Name: | Fanny NEVILLE | |
| Sex: | Female | |
| Birth | 20 Nov 1857 | Geelong, Victoria, Australia |
| Little Ryrie Street | ||
| Death | 19 Jun 1885 (age 27) | Gordon, Victoria, Australia |
| Name: | William George NEVILLE | |
| Sex: | Male | |
| Birth | 1860 | |
| Death | 1939 (age 78-79) | |
| Name: | Eliza Marian NEVILLE | |
| Sex: | Female | |
| Birth | 1862 | Victoria, Australia |
| Death | 1936 (age 73-74) | |
| Name: | Elizabeth Paine NEVILLE | |
| Sex: | Female | |
| Birth | 1865 | Browns Diggin, Victoria, Australia |
| Death | 1951 (age 85-86) | Ballarat, Victoria, Australia |
| Name: | George Thomas NEVILLE | |
| Sex: | Male | |
| Birth | 1867 | Smythesdale, Victoria, Australia |
| Name: | Edward John NEVILLE | |
| Sex: | Female | |
| Birth | 1870 | Gordon, Victoria, Australia |
| Name: | Robert NEVILLE | |
| Sex: | Male | |
| Birth | 1875 | Gordon, Victoria, Australia |
Thomas Burke emigrated to Australia in 1858 from Ireland, where he had been working for the Provincial Bank of Ireland at Limerick. He arrived during the Victorian gold rush, moving first to Melbourne where he worked for the Bank of Australasia, before becoming manager of the Smythesdale branch of the bank around 1860. Smythesdale in the 1860s was a prosperous gold-mining town on the Woady Yaloak River in an area which supported a large though itinerant population of miners and other workers.
Burke married Louisa Blake, the daughter of Sir Thomas Edward Blake of Menlough Castle, Galway, at St John’s Church in Melbourne in 1862. The couple had two young children at the time of Burke's death in 1867. Burke was according to accounts of the day a popular and respected member of the community. He was a Justice of the Peace and in 1861 was elected president of the Smythesdale Mechanics' Institute and also elected to Smythesdale Council.
Murder
One of Burke's tasks as bank manager was to travel throughout the Woady Yaloak diggings buying gold from miners. By this stage gold transports were no longer accompanied by armed escorts. Early on 10 May 1867, Burke collected a horse and buggy from the Smythesdale coach-builder and traveled to the Break O’ Day area (now Corindhap, Victoria), arriving at the nearby town of Rokewood at 11.30 am. He bought gold at Rokewood and Break O’ Day, then left to make the return journey to Smythesdale, stopping at hotels along the way to buy more gold.
George Searle, a publican at Break O’ Day, and Joseph Ballan, his employee, left on horseback shortly afterward with the intention of robbing Burke. They travelled cross-country and intercepted Burke at what is now the intersection of the Pitfield-Scarsdale Road and the Old Pitfield Road. While Searle distracted Burke with conversation, Ballan walked behind him and shot him in the back of the head. Burke died instantly. Searle and Ballan secured the gold and cash that Burke was carrying, moved the buggy containing Burke's body into scrub beside the road, and released his horse. Louisa Burke raised the alarm when her husband failed to arrive home. Burke's body was discovered the next day.
Investigation and trial
The Woady-Yaloak area was relatively densely populated in 1867, and several witnesses saw Searle and Ballan moving cross-country around the time of Burke's murder. The murder weapon and stolen gold were soon discovered stashed near Searle's hotel at Break O' Day. The pair were arrested and charged with murder.
During their trial, Searle admitted to the robbery but sought to have his charge of murder reduced because it was Ballan who had shot Burke. Searle and Ballan were tried at Ballarat by Judge Redmond Barry, who convicted them both of murder and sentenced them to death. Searle and Ballan were hanged at the Ballarat Gaol on 7 August 1867 and buried in the grounds. They were two of thirteen men executed at this prison before the abolition of capital punishment in Australia.
The murder achieved notoriety and the trial and execution were widely reported in newspapers around Australia. The courthouse was crowded during the trial and demand to attend the hanging was high.
George Neville, a blacksmith, in May last at
Smythesdale, deposed—On the 24th May, the
horses outside the court were brought to me,
and I took two shoes of the black mare, and
three off the bay. I took care not to take the nails out
of the holes. The shoes produced are they. These
are off the black and these off the bay. I marked
them the near hind shoe off the black No. 1, and
the fore near shoe No. 2. The nails are in precisely
the same position as when I took them off. These
are off the bay mare. No. 3 is the near hind shoe,
No. 4 is the off hind shoe, No. 6 is the near fore
shoe. The nails are clenched down and in the same
position as when I removed them.
THE PIGGOREET MURDER
At the: Ballarat Circuit Court, 17th inst.,
before his Honor Judge Barry, Joseph Ballan
and George Searle wore charged with the
wilful murder of Thomas Ulick Burke.
Both prisoners pleaded not guilty, and were
defended by Mr Walsh, who appeared for Bal-
lan, and Mr Aspinall for Searle.
Mr Adamson, for the Crown stated
tlie case. The deceased gentleman was
manager of the Bank of Australasia,
Smythesdale, and had been in the habit of
going to Break-o'-Day fortnightly to buy gold,
on the occasion when he met with his death,
was only the second time that he had
journeyed along that particular road
alone. On the 10th May, Mr Burke
went with Mr Grant in a buggy toward
Breako' Day buying gold on the roads at
White's store, Break o'Day. He made pur-
chases later at the Break-o'-Day Company's
claim, Mr W. Grant, manager of the Break
o'-Day Company's No. 2 claim, then sold him
two parcels of gold, one containing two nug
gets found by Christopher Smith and party,
and to these nuggets especial attention was
drawn. Between two and three o'clock, Mr
Burke left between the fences, towards Bull
dog, as shown on a plan which would be pro-
duced. At Hyslop's Hotel deceased made the
last purchase. After leaving there he was next
seen near the Exchequer at a little before five
o'clock, and would reach the place where his
body was found in about twenty minutes. At
about ten minutes later he was met by
Ross, a draper, and deceased was
then going towards the spot where
his body was found. That spot he would
probably reach at about five minutes past five
o'clock. The fact of Mr Burke not reaching
home that night caused some anxiety; and next
day a search was made, the body being found
late in the day in the bush, near the Coach and
Horses Hotel. The body was in the buggy in
a reclining position. The valise carried by do
ceased was empty, all the gold and notes
having been abstracted. The result of the in
quest proved that death had been caused by a
gunshot wound. So much for the events con
nected with the journey, death, and finding of
the body of the deceased. Searle was a
keeper of the Cosmopolitan Hotel and Ballan
was a lodger at the house for some time pre
vious to the murder, out of employment. A day
or two before the murder it would be proved
that Ballan went round amongst the claims
gathering particulars of the yields. The Break
o'-Day Company had obtained two large nug-
gets that week, both of which had fortunately
been taken to Ballarat, or they would also
doubtless have swelled the amount taken from
deceased. It was worthy of notice that Ballan
observed that "the Break o' -Day Company
will have a good yield this fortnight." Evi-
dence would show that the prisoners on
the day of the murder, had two horses shod by
one' Tigland Morrissey, who would give evi
dence of some peculiarities in the shape of the
shoes. The prisoners were seen together at
Searle's house (the Cosmopolitan Hotel) at
about two o'olock. Then at three o'oclock they
were seen at Paddy's Gully. At about four
o'clock, they, or two men answering their de-
scription were seen near Western Creek. Di-
rectly afterwards they were seen at the back oK
Campbell's Hotel. In the ranges they were
seen by two witnesses, Longmore and son, and
Gibson. They were also seen by other wit-
nesses a few minutes before the murder must
have taken place, in the locality where the body
was found. A careful examination of the
tracks found had been made, and they were
found to fit exactly, and bear all peculiarities
of the shoes upon the horses taken by the pri-
soners. If the murder had never occurred, in
quiry would naturally have been excited as to
what business men making such an expe-
dition were upon. On the return, the
horses were, according to one witness,
as if they had been into the creek. On
arriving home, they were asked as
to whether they would take any tea. During the
evening some more conversation occurred at the
hotel respecting the murder and upon one of those
present remarking that the murderer was not
far off, Searle bid Ballan good night, and went
out of the room. MrAdamson was proposing
to refer to various statements made to prisoners
in answer to questions put by counsel, but
objections were oflered by Mr Aspinall and Mr
Walsh, who contended that as the porson who
put the prisononers under the inquisition had no
right to assume the power, the statements than
made ought not to be referred to by counsel
prosecutirig. Moreover, the prisoners were in
custody though they had not been informed of
it. His Honor said that the prisoners being
in quasi custody only, as admitted by
counsel for the defence, he was of opinion that
authorities could be adduced, favoring the
course proposed to be taken by Mr. -Adamson,-
and therefore the substance of the statements
were admissible. Mr Adamson proceeded and
dwelt briefly upon the statements made by the
prisoners, and also the request made by Searle ?
to his servant girl tb state, if asked, that he
went away at four o'clock and returned at six-—
a palpable falsehood, as the chain of evidence
so carefully collected would demonstrate.
Notes were found in Ballan's box, and these
corresponded with others as numbers continu-
ing from those given to the manager of the
Break-o'-Day Company. In other statements
made, Mr Aspinall was proceeding to dispute
a reference to these statements, when he was
interrupted by a request of Searle to leave
the court. The request was granted, and
after Searle's return the learned counsel pro
ceeded. Mr Aspinall directed attention to the
ruling of the court in King v. S. Watkins, re-
ported in the "Session Guide," in support of.
the present objection. Mr Adamson having
replied, his Honor observed that it would be
better if general and not explicit statements
were quoted. Mr Adamson said it would be
necessary for him to refer sometimes to tho
language of the prisoners. Mr Aspinall said
his chief reason for continuing the objections
and for pressing for a ruling wtts that these
statements, obtained from the prisoners by
playing upon the fears of the men in a dis
graceful manner, should not be more spoken :
of, for it was not improbable that they could
be shown to be not admissible, and yet the :
jurors, from the Crown prosecutor's statement,
could not fail to have the substance impreg- '.
nate their minds. Mr Adamson believed the :
statement could be given in evidence, as
being made after a caution and not amounting :
to a confession. He thought it a proper, and it
was a general custom in such cases as this to
refer at the opening of the proceedings to all :
matters proposed to be adduced in evidence. '.
Mr Adamson then spoke of the statements
which it will be remembered amounted to a
denial of the commission of the crime, alleging
that they could not have done it in the time.
This statement was adhered to up to the 20th
May. Added, however, to the extravordinary .
ride, and other suspicious actions of the pri
soners, there was the fact of Searle, subse
quently to the murder, Having offered his
house for sale. The case went much further
than this. Constable Redding, assisted by the
black' trackers, found on the 18th May, in a
paddock adjoining Searle's house, two re
volver's, wrapped in a piece of cloth
and piece of paper. On the following, day
was found a leathern bag containing some
Bank of Australasia notes. That bag was
known to have belonged to Searle. Myers,
who sold one of the revolvers, would depose
that he felt convinced that Ballan was the man
who bought it. That revolver was, when found,
loaded in all the chambers but one. The balls
had this peculiarity, that they all were short
in the appointed weight, and it was a singular'
coincidence, that the lead found in Mr Burke's
head was eight grains short weight. The re-
volvers wore found, in a piece of paper, cor
responding with the appearance of a paper bag
obtained by Ballan when purchasing a cap —
a cheese cutter cap— at a store at Bulldog.
There was also a piece of shawl which would be
proved to be part of a shawl worn bya witness. On
the 2nd June, Mr Superintendent Nicholson, Mr
Inspector Ryall, and Detective Eason attended
the cell occupied by Searle, and in answer to a
question from Searle it was intimated that if
the Government thought well of an approver
the matter would be mentioned. Searle then
called Eason back, and with his finger drew
out in imaginary characters on the wall the
form and wording of a proclamation of free
pardon. The same night Searle made an un
availing attempt to induce the constable to let
him out. Oh the 3rd June, Searle called for
Ryall, who, in the presence of Mr Hill, super
intendent of police, received from Searle a
statement which enabled them to go to the
stable and find the whole of the gold buried so
skilfully as to have prevented the success of all
previous attempts to discover it. The gold
found was within an ounce of that Mr
Burke should have had in his possession
at the time of his death and it contained
the nuggets sold by Mr Grant, and obtained
by Smith and party. Those nuggets were idon
tified. Such were the facts which would be
brought forward in evidence. There was fur
ther evidence, as against Ballan, who in the
detective office, Ballarat, upon seeing Searle
going by, made some observations, which
amounted to a tacit acknowledgment of com
plicity in the crime. Ballan, at the same time,
having ''read a newspaper report, spoke of a
statement respectlng Mr Comyus having been
dogged. The counsel for the defence objected
to any reference to this matter. It was not
the subject of the charge and could not be con
nected with it. Mr Adamson replied that at
all events it amounted to an intention to rob
the gold buyer of the Bank of Australasia. His
Honor thought it better not to enter into
the particulars of the case. Mr Adamson thnn
concluded by observing that this then was the
whole of the facts which would be brought
under review, save the statement of Searle,
which the learned counsel observed would bo
available as evidence against Searle, though it
could in no way affect Ballan and if Ballan's
name appeared in it, it, should not be read. He
asked the juriy. to' carefully consider the
momentous question at issue--the question of
life or death of two men on one hand, and the '
requirements of public justice on the other
hand. If the evidence was so complete as to
convey an irresistable conviction one way or
the other to the minds of the jurors, it would,
be the duty of the jury to let nothing deter
them from returning such a verdict as the law
directed.
At the termination of Mr Adamson's statement,
the following witnesses were examined :— ^i
Horace Walker, surveyor, Ballarat; Joseph
Brown, clerk in the Bank of Australasia,
Smythesdale; James Grant, mining manager,
Break-o'-Day; William H. White, storekeeper,;
Rokewood; Henry Hill, superintendent of
police, Ballarat; James Giblin, storekeeper;;
Cornelius Smith, miner Isaac Thompson,
John Boyle, publican, Break-o'-Day; William:
Moony, storekeeper, Cape Clear; Henry James
Ross, trooper Break-o'-Day; The evidence
disclosed but little that has not been published:
already.
The trial of Searle and Ballan for the mur-:
der of Mr Burke at Piggoreet, was concluded
on the 20th inst., when a verdict of wilful
murder against the prisoners was returned.
| 1 | Text From Source: Name,Sex,Age,Occupation,Where Born Thomas Neville,M,30,Farmer,Y Eliza Neville,F,30,,Y George Neville,M,6,,Y Elizabeth Neville,F,2,,Y Richard Neville,M,20,smith,Y |
| 2 | Text From Source: Name,Relation,Condition,Sex,Age,Occupation,Where Born,Infirmity Thomas Neville,Head,Mar,M,41,Smith employing 1 man and son also farmer of 86 acres employing 4 labourers,Tollesbury, Essex, England, Eliza Neville,Wife,Mar,F,40,,Great Braxted, Essex, England, George Neville,Son,Unm,M,16,blacksmith,Great Braxted, Essex, England, Elizabeth Neville,Daughter,Unm,F,11,scholar,Great Braxted, Essex, England, Thomas Neville,Son,Unm,M,7,scholar,, |
| 3 | www.heardfamilyhistory.org.uk. This GEDCOM is predominantly the work of Nick Heard, but it incorporates the collaborated work of many other family historians. You are welcome to use the information herein but please acknowledge the source. Every effort has been made to ensure the data is accurate, but any use you make of it is entirely at your own risk. (c) Nick Heard 2009 |
| 4 | 1841 Census. HO107/712/11 Registration District Stepney, Sub Reg Mile End Old Town Upper. ED 22, Folio 14, Page 20. |
| 5 | Text From Source: Name Age Occupation Where Born William Parrott 43 Warehouseman Mary Parrott 40 Mary Jane Parrott 13 Scholar Eliza Susannah Parrott 10 Scholar Frances Anne Parrott 8 Scholar Elizabeth Parrott 6 Scholar |
| HO107/712 Book 11, Folio 13 Page 19. Cit. Date: 6 June 1841. Assessment: Secondary evidence. |
|
| 6 | Text From Source: Name Related Cond Age Occupation Birth Place Eliza Susannah Parrott Head Unm 20 School Mistress Stepney, London Sarah Harriet Parrott Sis Unm 24 Servant Hackney, London Elizabeth Parrott Sis Unm 15 Scholar Stepney Middlesex |
| Witham, Kelvedon, Great Braxted ED 5 HO107/1783 Folio 136 Page 23. Cit. Date: 30 March 1851. Assessment: Secondary evidence. |