MEDICAL PRACTITIONER GUILTY OF MANSLAUGHTER

In the Goulburn Assizes on the 27th April 1864, Frederick William Hornbrook, a medical practitioner practicing at Araluen, was found guilty of the manslaughter of Levy Smith Angel of Deep Creek, near Braidwood on 28 February 1864. The judge sentenced Hornbrook to imprisonment for two years in the Darlinghurst gaol. A summary of the court hearing can be found in "The Goulburn Herald and Chronicle" of 30 April 1864 here.

Susan Smith, a fellow family history researcher brought this case to my attention as it involved members of a family she was researching and who are families included on the Mid North Coast Pioneers web site.

Clearly identified as witnesses in the case, were Theodore Arthur De Meur (1837-????) and his then wife Elizabeth Smith (1832-1916). This family can be found here. Not so clearly identified was John Stalker (1833-1916). In the mid to late 1850's, John married Jane Smith (1838-1905), the sister of Elizabeth Smith. This family can be found here. In the various newspaper reports of this case, a John Storker/Stocker gave evidence and was described as being a fellow "digger" working with Angel at Bell's Paddock, just one of the many small gold diggings being worked during the early to mid 1800's, in an area south of Braidwood, generally known as Jembaicumbene.

Briefly this case was centered on the medical treatment of Angel by Hornbrook. Over several days Angel reported to various people including Stalker and De Meur that he was feeling unwell. Both Stalker and De Meur stated that they knew Angel well, with De Meur stating that "he had been a mate of the deceased (Angel) for a long period". Eventually Angel asked De Meur to go for a doctor.

De Meur rode to Araluen (Redbank) to ask Hornbrook to attend. In evidence in Court, De Meur said:

"Went to Redbank for Dr. Hornbrook, and arrived there about five or half-past five o'clock. Met Dr. Hornbrook outside Lubin's public house. The doctor appeared then to be sober, but he looked flush as if he had had some liquor. Told him he was wanted to come up to see Angel, and gave him a piece of paper containing a written memorandum of the symptoms as described by Angel. The doctor asked witness to go to the chemist's with him. Witness went before him and stopped till be came. The chemist's shop is at Redbank, and witness believed that the person who keeps it ls called Mack, The prisoner wrote out a prescription first, and then asked for a quantity of sulphuric acid, which Mack hesitated about giving, when Dr, Hornbrook handed the memorandum of symptoms which he (witness) had given him from Angel. Dr. Hornbrook then said, "I'll stand treat while the medicine is made up," and witness and him left the shop and went to a public-house over the way. The doctor ordered three nobblers of brandy hot ; a Dr. Goyle was with them. They remained there a few minutes, and then went back to the dispensary. Dr. Hornbrook then asked if the medicine was made up, and Mack said "no." Dr. Hornbrook then spoke to him, and Mack took a small square bottle and filled it about one-third full of a colourless liquid. Witness saw the bottle was labelled sulphuric acid, and something else in three letters beside. The doctor then took the bottle, told witness he would have to pay for it, and he would take it with him. Prisoner then jumped on the horse and rode off. The horse was witness's. Witness waited for the prescription being made up, and walked to Deep Creek on foot."

And later in evidence De Meur stated:

"Deceased (Angel) said that prisoner (Hornbrook) was drunk when be came, and that he had given him about two teaspoonfuls of sulphuric acid ; deceased said he had a burning pain in his breast. Before leaving in the morning witness (De Meur) had taken the sulphuric acid into the kitchen for fear any person should make a mistake. In the course of the day deceased grew worse and witness staid with him till one o'clock in the morning, administering the medicine which was brought back by Powdrill. On Friday evening saw Angel again ; he was in the same state as on the previous day. On Saturday night he was dead."

John Stocker deposed:

"I am a digger at Bell's Paddock; I knew Angel; I saw the prisoner in attendance on him; I saw the bottles now produced at Angel's house; deceased shortly before his death complained of great pain in his belly and side; I took the two bottles now produced into my charge two hours after Angel's death; I showed the bottles and their contents to Dr. Beer; he told me to be careful of them; I afterwards gave the bottles to Captain Battye."

Here is a map of the gold diggings around Jembaicumbene south of Braidwood:

More information on this case can be found in the following newspaper accounts:

Empire - Tuesday 8 March 1864

Empire - Monday 14 March 1864

Empire - Monday 21 March 1864

Empire - Saturday 2 April 1864

The Sydney Morning Herald - Saturday 30 April 1864

The Goulburn Herald and Chronicle - Saturday 30 April 1864

Empire - Monday 2 May 1864

The Golden Age - Thursday 5 May 1864

Sydney Mail - Saturday 7 May 1864