John Jeffcott
Encyclopedia
Sir John William Jeffcott BA
MA
(1796 – 12 December 1837) was the first judge
of the Supreme Court of South Australia
. He also served as Chief Justice
of Sierra Leone
.
, Ireland
. He was educated at Trinity College, Dublin
, and was called to the English Bar at the Inner Temple
in February 1826. Jeffcott was installed as Chief Justice of the colony
of Sierra Leone on 26 April 1830. He was the only judge in the colony, and much of his work arose from attempts to end the Transatlantic slave trade. Jeffcott was knighted on 1 May 1833, when he returned to England
on leave.
Jeffcott had been engaged to be married but the engagement was broken off by his fiancée or her family. Whilst in England, Jeffcott received news that a Dr Peter Hennis had made derogatory comments about Jeffcott's conduct in the affair. Jeffcott confronted Hennis, but refused to accept his explanation. On Friday, 10 May 1833 a duel
with pistols was organised at Haldon racecourse near Exeter, between the two men, in the course of which Hennis was fatally wounded. A warrant was issued for Jeffcott's arrest on charges of murder, and he went into hiding. The three organisers of the duel were tried as accessories to the murder, but were acquitted, apparently due to a misunderstanding of the applicable law on the part of the jury
.
Following that verdict of acquittal, Jeffcott surrendered, was arraigned, and no evidence being tendered, he too was acquitted. However, he was removed from his position of Chief Justice of Sierra Leone, and his reputation was greatly damaged. On 27 May 1836, Jeffcott accepted appointment as the first judge of the new colony of South Australia, a position he had first applied for when the colony was proposed in 1834. Jeffcott never officially held the title "Chief Justice of South Australia", which was not created until 1856.
Jeffcott travelled to Australia in September 1836, on the Isabella in the company of J. B. Hack
and family, his arrangements for passage being made secretly to defeat the efforts of creditor
s to recover money from him. He arrived in Hobart
, Van Diemen's Land
(Tasmania
) on 1 January 1837, where he became engaged to marry his cousin Anne Kermode. He proceeded to Adelaide
, South Australia, arriving there on 21 April 1837.
Jeffcott became a close friend and advisor to the embattled Governor
of South Australia, John Hindmarsh
, and helped to smooth tensions between the Governor and his officers. As well as Judge, Jeffcott was also a member of the Council of Government, the source of both executive
and legislative power in the colony.
On 13 May 1837, Jeffcott presided over the first Criminal Sessions. Seven prisoners were presented for trial before a jury, the foreman of which was Col William Light
. Apart from one other criminal case involving two Encounter Bay
whalers
charged with threatening to shoot another man in a quarrel between rival boats, these first Criminal Sessions appear to be the only occasion when Jeffcott actually sat as Judge. Jeffcott had lost all of his belongings when the ship in which they were being transported was wrecked, so he returned to Van Diemen's land in June 1837, and did not return to South Australia until September.
Jeffcott left Adelaide for Van Diemen's Land again on 19 November 1837. Henry Jickling
, the only barrister in the colony, was appointed Acting Judge in Jeffcott's absence. While waiting for a ship at Encounter Bay, Jeffcott joined an expedition to explore the Murray Mouth
. He drowned on 12 December 1837 when the overloaded whaleboat in which he was a passenger overturned in rough seas.
Jeffcott Street and Kermode Street in North Adelaide
are named after Sir John Jeffcott and Robert Quayle Kermode, the brother of Jeffcott's fiancée. Jeffcott Chambers, barristers' chambers adjacent to the Supreme Court building in Gouger Street, Adelaide, are also named for him.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
MA
Master of Arts (Oxbridge)
In the Universities of Oxford, Cambridge and Dublin, Bachelors of Arts of these universities are admitted to the degree of Master of Arts or Master in Arts on application after six or seven years' seniority as members of the university .There is no examination or study required for the degree...
(1796 – 12 December 1837) was the first judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Supreme Court of South Australia
Supreme Court of South Australia
The Supreme Court of South Australia is the superior court for the Australian State of South Australia. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Supreme Court is the highest South Australian court in the Australian court...
. He also served as Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of Sierra Leone
Sierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
.
Biography
Jeffcott was born in KerryCounty Kerry
Kerry means the "people of Ciar" which was the name of the pre-Gaelic tribe who lived in part of the present county. The legendary founder of the tribe was Ciar, son of Fergus mac Róich. In Old Irish "Ciar" meant black or dark brown, and the word continues in use in modern Irish as an adjective...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
. He was educated at Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
, and was called to the English Bar at the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in February 1826. Jeffcott was installed as Chief Justice of the colony
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
of Sierra Leone on 26 April 1830. He was the only judge in the colony, and much of his work arose from attempts to end the Transatlantic slave trade. Jeffcott was knighted on 1 May 1833, when he returned to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
on leave.
Jeffcott had been engaged to be married but the engagement was broken off by his fiancée or her family. Whilst in England, Jeffcott received news that a Dr Peter Hennis had made derogatory comments about Jeffcott's conduct in the affair. Jeffcott confronted Hennis, but refused to accept his explanation. On Friday, 10 May 1833 a duel
Duel
A duel is an arranged engagement in combat between two individuals, with matched weapons in accordance with agreed-upon rules.Duels in this form were chiefly practised in Early Modern Europe, with precedents in the medieval code of chivalry, and continued into the modern period especially among...
with pistols was organised at Haldon racecourse near Exeter, between the two men, in the course of which Hennis was fatally wounded. A warrant was issued for Jeffcott's arrest on charges of murder, and he went into hiding. The three organisers of the duel were tried as accessories to the murder, but were acquitted, apparently due to a misunderstanding of the applicable law on the part of the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
.
Following that verdict of acquittal, Jeffcott surrendered, was arraigned, and no evidence being tendered, he too was acquitted. However, he was removed from his position of Chief Justice of Sierra Leone, and his reputation was greatly damaged. On 27 May 1836, Jeffcott accepted appointment as the first judge of the new colony of South Australia, a position he had first applied for when the colony was proposed in 1834. Jeffcott never officially held the title "Chief Justice of South Australia", which was not created until 1856.
Jeffcott travelled to Australia in September 1836, on the Isabella in the company of J. B. Hack
John Barton Hack
John Barton Hack was an early settler in South Australia; a prominent farmer, businessman and public figure. He lost his fortune in the financial crisis of 1840 and despite his best efforts, never regained anything like his former influence and prosperity...
and family, his arrangements for passage being made secretly to defeat the efforts of creditor
Creditor
A creditor is a party that has a claim to the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property or...
s to recover money from him. He arrived in Hobart
Hobart
Hobart is the state capital and most populous city of the Australian island state of Tasmania. Founded in 1804 as a penal colony,Hobart is Australia's second oldest capital city after Sydney. In 2009, the city had a greater area population of approximately 212,019. A resident of Hobart is known as...
, Van Diemen's Land
Van Diemen's Land
Van Diemen's Land was the original name used by most Europeans for the island of Tasmania, now part of Australia. The Dutch explorer Abel Tasman was the first European to land on the shores of Tasmania...
(Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
) on 1 January 1837, where he became engaged to marry his cousin Anne Kermode. He proceeded to Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
, South Australia, arriving there on 21 April 1837.
Jeffcott became a close friend and advisor to the embattled Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
of South Australia, John Hindmarsh
John Hindmarsh
Rear-Admiral Sir John Hindmarsh KH RN was a naval officer and the first Governor of South Australia, from 28 December 1836 to 16 July 1838.-Early life:...
, and helped to smooth tensions between the Governor and his officers. As well as Judge, Jeffcott was also a member of the Council of Government, the source of both executive
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
and legislative power in the colony.
On 13 May 1837, Jeffcott presided over the first Criminal Sessions. Seven prisoners were presented for trial before a jury, the foreman of which was Col William Light
William Light
Colonel William Light was a British military officer and the first Surveyor-General of the Colony of South Australia...
. Apart from one other criminal case involving two Encounter Bay
Encounter Bay
Encounter Bay is located on the south central coast of South Australia, some 100 km south of Adelaide, South Australia. It is named after the encounter on 8 April 1802 between Matthew Flinders and Nicolas Baudin, both of whom were charting the Australian coastline for their respective countries...
whalers
Whaling
Whaling is the hunting of whales mainly for meat and oil. Its earliest forms date to at least 3000 BC. Various coastal communities have long histories of sustenance whaling and harvesting beached whales...
charged with threatening to shoot another man in a quarrel between rival boats, these first Criminal Sessions appear to be the only occasion when Jeffcott actually sat as Judge. Jeffcott had lost all of his belongings when the ship in which they were being transported was wrecked, so he returned to Van Diemen's land in June 1837, and did not return to South Australia until September.
Jeffcott left Adelaide for Van Diemen's Land again on 19 November 1837. Henry Jickling
Henry Jickling
Henry Jickling was appointed as a caretaker judge in 1837 to the Supreme Court of South Australia, which is the highest ranking court in the Australian State of South Australia.-Judicial Appointment:...
, the only barrister in the colony, was appointed Acting Judge in Jeffcott's absence. While waiting for a ship at Encounter Bay, Jeffcott joined an expedition to explore the Murray Mouth
Murray Mouth
Murray Mouth is the point at which the River Murray meets the southern Southern Ocean. The Murray Mouth's location is changeable. Historical records show that the channel out to sea moves along the sand dunes over time...
. He drowned on 12 December 1837 when the overloaded whaleboat in which he was a passenger overturned in rough seas.
Jeffcott Street and Kermode Street in North Adelaide
North Adelaide
North Adelaide is a predominantly residential precinct of the City of Adelaide in South Australia, situated north of the River Torrens and within the Adelaide Park Lands.-History:...
are named after Sir John Jeffcott and Robert Quayle Kermode, the brother of Jeffcott's fiancée. Jeffcott Chambers, barristers' chambers adjacent to the Supreme Court building in Gouger Street, Adelaide, are also named for him.
Sources
- R M Hague, Sir John Jeffcott (Melbourne, 1963)
- R M Hague, Hague's History of the Law in South Australia 1837-1867 (Adelaide, 2005)
See also
- Judiciary of AustraliaJudiciary of AustraliaThe judiciary in Australia is modelled substantially on the system of courts which existed in England.The large number of courts and tribunals in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost...