Back in 1850 a remarkable legal case showed that, on Queensland’s Darling Downs at least, it was quite alright to assault constables. I told a version of this story live on radio 4WK.

This was back in the colonial era when the Moreton Bay colony, today Queensland,  was still part of New South Wales. The privileged person was a Mr William Horton.

Horton had been convicted of theft in England and transported to Australia for seven years. He was sixteen years old when he arrived, and he found his way to Moreton Bay. When Horton was twenty-seven he married a sixteen-year-old girl. He achieved high office and became a councillor in Drayton, which today is part of Toowoomba on the Darling Downs. Most importantly he was the proprietor of the Bull’s Head Inn (pictured above) at Drayton. It was renamed Royal Bull’s Head Inn in 1860 after the Queensland Governor Bowen stayed overnight there.

Today Horton’s inn has the reputation of being the most haunted building in Toowoomba. Some say one of the ghosts is Horton’s sixteen-year-old bride, but that’s another story.

Horton suffered a very bad fall off his horse, with a good deal of damage happening to his head and face. Eventually he died under the veranda of his Drayton house. But it’s how Horton got away with assaulting the policeman that’s really interesting.

In 1850, Mary Fallon was a rather disreputable character, and she was charged by Horton with stealing vegetables from his garden. Once in court, Mary burst into tears and took great care to exhibit her three children there. This had the desired effect and Horton withdraw the charge, which shows he wasn’t always the hardened former convict you might think.

However, Horton was soon back in court, this time himself being charged at Drayton with having assaulted, beaten, and bruised, one Constable Samuel Smith.

The same Constable Smith was later involved in an affray when his chief constable and another constable scuffled over a warrant. They were parted but a full fight broke out and Smith was in the middle of it all.

At about the same time, on the veranda of the Horton’s Bull’s Head Inn a terrible war of words erupted between a magistrate and another man which soon escalated to trading blows. Constable Smith was again there, this time to make an arrest. Smith later controversially and probably illegally released the offender at the request of the same chief constable with whom Smith had earlier been involved in the affray.

And so back to Horton’s assault of Smith, and all the big names of the then New South Wales legal system were present.

Horton was represented by the Sydney barrister William Purefoy who was later a district court judge. Even though Horton pleaded guilty, everything went his way.

The solicitor general William Manning was there and he presented depositions signed by three magistrates who were actually present when Horton assaulted Constable Smith, and all three were of opinion that the assault was justifiable.

Horton’s barrister Purefoy then presented a further document this time signed by thirteen gentlemen, ten of whom were magistrates, and again fully supportive of Horton.

The chief justice Alfred Stephen who was presiding in the case, said that five of the men were known to him, and two were his close personal friends. You could say that Horton and his legal team had definitely done their homework.

Horton had pleaded guilty, and so the chief justice was bound to pass sentence. Sadly, any further details of the events have so far remained undiscovered. In any case, the punishment was a nominal one, a fine of one shilling.

And so the ex-convict William Horton of Drayton remained free to assault, beat and bruise police constables as he saw fit.

I don’t know what happened to Constable Smith, but I do know that his chief constable got the sack.

CLICK HERE TO LISTEN TO A VERSION OF THIS STORY TOLD ON RADIO 4WK.

Photo credits:
Royal Bulls Head Inn, Drayton, Toowoomba – State Library of Queensland.
Inside Royal Bulls Head Inn, Drayton – National Trust Queensland website.
Judge Purefoy – State Library of New South Wales.
Sir William Montagu Manning – Wikimedia Public Domain.
New South Wales Chief Justice Alfred Stephen – National Library of Australia.