This week's image shows members of police magistrate Benjamin Lee's family. Benjamin Jnr is sitting in a chair with his daughter Ethel May Lee sitting next to him. Benjamin was aged 92, and retired, when this photo was taken at Annandale in Sydney. This is part one in the life of Benjamin Lee.
Young Benjamin Lee was born on April 2, 1826 in Ampthill, Bedfordshire, in the United Kingdom. At age two, he came to the Southern Colony with his parents Benjamin Lee Senior, and his wife Lucy, along with four other children. They were bounty immigrants. Benjamin Lee Senior was a soldier, farmer, landholder and entrepreneur.
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The family arrived aboard the sailing ship Mary in the steerage section in January 1829. One female child was over 12 years, one male child was under 12 and two female children were under 12. Twenty-seven years after arriving in Australia, Ben married Sarah Amelia Stephens, aged 29, in Victoria.
Bathurst's police magistrates began when Thomas Everden was appointed in 1829. Bathurst was considered 'central' and the place where criminals were transported to appear in court. Just because one was the police magistrate didn't mean one was immune to being robbed, as happened in March 1887 when "offenders climbed over the roof of the new Courthouse and stole grapes from the garden off the room of Mr. Benjamin Lee, Police Magistrate, denuding the vines". The grapes were ready to pick.
The police magistrate was aided by local magistrates who lived in Bathurst or district and were appointed from time to time. For example, new magistrates were appointed in the central west in September 1887. The Bathurst appointments - William Coates Kelk, Charles McPhillamy of Orton Park, Thomas Alfred Machattie and Frederick Mansfield Oakes - were notified in The Bathurst Times.
The local police would prosecute offenders who would appear in the Bathurst Police Court. Some during Benjamin Lee's time included Senior-Sargeant Musgrove and District Inspector, Senior-Constable Sutton, Senior Constable Morris, Constable Sandrey, Constable Garner, Constable Frost, Constable Gallagher, Constable Skyrme, Constable McDonald and Constable Adam.
People of all ages appeared in the Police Magistrate's Court in Russell Street, including children. On Tuesday, September 29, 1887, a boy named Oatley, aged 13, stole three ducks, the property of Jeremiah Egan. Police magistrate Benjamin Lee was on hand to hear the evidence that the boy had sold the ducks to Ah Chung after telling him they were his mother's. The police magistrate said he wished he had the power for a good birching, which would be a fitting punishment. The boy was ordered to prison where he would later be charged under the Industrial Schools Act.
Benjamin Lee always had issues with his court rooms until the new court was built and opened in July 1880. The first court house was built before his time when the Government Gazette informed the public in early October 1832 that Bathurst now had a Court of Petty Sessions. John Liscombe was the clerk of petty sessions and James Blackman was Bathurst's chief constable.
Within months, a small debts court or Court of Requests was approved for Bathurst. John Liscombe was employed as its registrar. Joshua Watson was appointed bailiff. On March 27, 1832, it was reported that the Honourable Ensign Maule was commanding the Bathurst Police.
When Governor Bourke travelled to Bathurst in October 1832, Bathurst residents expressed their appreciation that the town had a Court of Quarter Sessions and Court of Requests to allow means against fraud and criminal offences.
In April 1835, tenders were again called for a new Bathurst Court House: "Persons willing to tender for the building of a Court House at Bathurst, are requested to forward to this office by 12 o'clock on Friday, May 1 next, their tenders, endorsed Tender for Court House at Bathurst. Plans and Specifications may be seen at the Office of the Colonial Architect in Sydney and at the Police Office Bathurst."