It appears that Mr Farquharson had a flock of sheep in his charge upon the thirds, the property of Mr Anderson, of Sandy Bay. A number of these having been missing in April last, Mr Farquharson gave Mr Anderson a written undertaking to return them upon a certain day in the last month. In the mean-time, Mr Benjamin Jones, whose flocks depasture near Jericho, missed 400 sheep. Drummond, the Constable, received information that these sheep had been driven to Mr Farquharson's neighborhood. A warrant was obtained from Captain Wood, J.P. at the Clyde; and Drummond, with two of Captain Wood's men, went in search of them.
At a short distance from Mr Farquharson's house, in a very secluded spot, they found a stock-yard, in which there were the remains of sheep, which had been recently burnt. In a hollow-tree, they found a brand of a remarkable shape, somewhat resembling an inverted C. Drummond and his companions remained near the spot, where they observed a man attending a flock of sheep. Early in the morning, Mr Farquharson came, when Drummond accosted him, and questioned him as to these sheep. Mr Farquharson stated they were his own. Amongst them, a considerable number was found branded with the instrument in the tree; which, on close examination, was clearly apparent to have been placed over Mr Jones' brand. They were also sworn to by Mr Jones' sons and other witnesses, as being their father's property.
These were the leading circumstances of the case. On the evidence of Drummond, the case mainly depended. He underwent a long and most scrutinizing cross-examination by Mr Gellibrand., but his evidence remained unshaken. Mr Farquharson read a written defence. He denied the charge altogether; asserted that he knew nothing of the branding iron produced - commented with much severity on the evidence of Drummond - and finally appealed, in a most affecting manner, to the feelings of the Jury, in regard to his own respectable situation in life, and that of his family and connexions, and of the wretched situation of his wife and children, one of which had been born since his apprehension.
Dr Scott, Mr Nairne, Dr Ross, and several other Gentlemen were called as to character, which they described as unimpeachable. The Chief Justice Pedder summed up the evidence in the most impartial manner, and pointed out with great care every circumstance which could in any way make for the accused. The Jury, after retiring for an hour and half, returned their verdict Guilty. John Webster, who was tried with Mr Farquharson was acquitted.
It is with the most serious regret we thus find a gentleman of the most respectable walk in society brought to a situation, by which his life has become forfeited to the violated laws of his country. And this by the commission of a crime of the deepest importance in a Colony such as this. While we are perfectly satisfied of the justice of the verdict, we cannot but express our regret that on this occasion, Captain Wood, the Magistrate and Drummond, the Constable, appear to have each of them adopted a mode of conduct, which, to say the least, is completely at variance with the constant practice in England. Captain Wood himself questioned the prisoner as to the sheep, when he was examining them in the yard - thus inducing him to give evidence against himself. Drummond also, it appears, while he had the prisoner in charge, and was conveying him to Gaol, got him into conversation which he used against him in evidence. This is not as it should be; and in England would give rise to serious animadversions. We have no doubt that Captain Wood acted from the purest motives, and from a desire solely to bring to light an offence, certainly of the deepest dye, and of the most vital importance to the best interests of the Colony. But it is one of the first principles of the British Constitution, that no man should be caused to furnish evidence against himself.
At Bow Street, the Magistrates, instead of inviting information, invariably caution the accused to consider whether he may not injure his defence by speaking at all - a system, which we believe, Mr Humphrey, our worthy Superintendent of Police, on all occasions adheres to. We trust these remarks will not be without effect.
Of Mr Farquharson himself little can be said. His conduct is without excuse, and his crime becomes the more offensive, when his station in life is considered. If there are any circumstances in the case which may induce the Executive to exercise in his favour, the great prerogative of mercy, independent of the satisfaction which every man must have at the sparing of human life, we shall the more rejoice on account of his hapless wife and children. The wretched state of this afflicted Lady may be better conceived than described. She is of a very respectable connection, being the niece of Mr Anstey, J.P of Jericho. That the application of this poor sufferer and her innocent children, who will no doubt all extend their hands in humble supplication for mercy, may be successful, we repeat, no man in the Island can be so iron-hearted as not to hope. It is now the general feeling in England, that the system of capital punishment is not consistent with sound policy, or even the principles of retributive justice. But this is not the time to enter upon this subject. We have no doubt the friends of this miserable man will actively exert themselves on his behalf; and we trust they will not do so in vain. One example such as the present at Macquarie Harbour, would do more than the sending thither fifty such wretched ignorant men as are generally consigned to that destination.
Colonial Times, Tasmania, Friday 9 June 1826
It will, doubtless be in the recollection of all, that nine were to suffer on Monday last - the particulars of which this day we publish to the Colony.
On Sunday afternoon, about 3 o'clock, a condemned sermon was preached in their cell, by the Reverend Chaplain, and they all appeared in a proper frame of mind, to receive the cheering consolations which religion can alone afford a man, when on the brink of eternity; and from that period, until the execution, nearly the whole of their time was spent in singing hymns and praying. The Rev. Mssrs Bedford, McArthur, and Carvosso attended them on Sunday; after their ministerial labours were concluded, the unfortunate men prayed until half past 12 at night, when they retired to rest. After reposing about two hours, they again commenced their devotions, and continued, with unabated fervency to approach the mercy seat of Heaven, at which bar they were in a few hours ushered.
At 4 o'clock, the first preparation for the dreadful morning began, in their heavy fetters being knocked off in the Lodge; which being performed, they returned into their gloomy cell, for the last time, and took some refreshment, which they seemed to enjoy. At half past 4, the Reverend Ordinary arrived, and shortly after, Mr Carvosso, the Wesleyan Minister; when, with their assistance, they commenced their religious services, which continued until 7 o'clock, when they received the Holy Sacrament, and were left praying and reading until the solemn sound of the death bell announced 8 o'clock. The Sheriff, Dudley Fereday, Esq, attended by the Under Sheriff, Mr Hayes, and Mr George Wise, the Head Bailiff, accompanied by 14 or 15 javelin-men, in their new uniform, then proceeded into the Gaol-yard. The coffins were also brought in, and the javelin men ranked in a column file; and the Military being drawn up, their cell-door was opened, and the last sentence of earthly justice awaited them. Dreadful moment! The first that made his appearance was James Rowles...[the article then goes onto to record the other men and their ascending the platform etc]
Farquharson was the last who ascended the platform, and during the interval of preparation for the others, he entered into conversation with Mr Carvosso, at the bottom of the ladder; who expressed his gratification in seeing so many, doomed to suffer, so fully resigned, and prepared to meet their end.
Having ascended, Farquharson stepped forward, and addressed the spectators for some moments, bidding them take warning by his sad fate, and to avoid the evils attendant on a life of crime. At length, the rope being placed around his neck, and the caps drawn over all their faces, they continued for about three minutes in earnest supplications, exclaiming, like the publican in the parable, God be merciful to me, a sinner, and the signal being given, the platform fell, and they were launched into eternity - dying almost without a struggle.
Mr Farquharson was an Emigrant, a few years from Scotland, of very respectable connexions both there, and in this colony, where he has left a widow, and two young children, one of whom has been born since his confinement. His crime was sheepstealing, to a considerable and alarming extent (having been found guilty of stealing 400 from the flock of Mr Benjamin Jones of Jericho) and with forming a connexion with many of the worst description of men, three or four of whom have also been tried and convicted of a similar offence, even since his apprehension.
He acknowledged that this species of robbery and plunder was not his only offence - they were otherwise manifold - he confessed himself guilty, and that justice had been measured out to him fairly and honourably by the Jury; to some of whom, who were then standing in his presence, he declared such his opinion and feelings. The approach of death to him, humiliating as it was, had lost its terrors; his solemn and unreserved declaration was, that he was fully prepared to die indeed, all the other prisoners declared the same, and they owed much to the constant and unwearied attention shewn them by the Rev Mr Bedford, a Clergyman every way calculated to perform the arduous offices which of late have so much pressed upon his imperious and manifold duties.
Mr Farquharson's aged and respectable father, a Minister of the Church of Scotland, died, as we lately reported in our paper, leaving this transitory state of existence, before a son's disgrace and infamy reached his ears, and thereby adding a weight upon his aged breast, to embitter his declining days.
His wife and children still remain amongst us; and we doubt not, a sympathy exists in every bosom for her wretched situation. Mrs Farquharson was permitted to see her husband a few days previous to his execution; when the Rev Mr Bedford kindly attended, and soothed the bitterness and distress caused to both, at this their melancholy and final meeting on this side of the grave. He walked through the Debtors' yard in his heavy fetters, with a firm step, to Mr Bisdee, the Gaoler's house, and the interview between them was painful indeed; - it was most affecting.
They continued together for two hours, and the parting was bitter in the extreme - it was a separation under the most dreadful circumstances, and she could scarcely bear up against so accumulated a mass of human woe.
We sincerely wish her welfare and the children of her unfortunate but justly condemned husband. Mrs Farquharson appeared on the fatal morning, respectably dressed in mourning.
Colonial Times, Tasmania, Friday Sept 22 1826