James Denleavey/Dunlearey/Doulery – appeared on the final musters as being retained in Depot Company.
At 8.30am on Monday 30th August 1819 on board the Dromedary, he received twelve lashes for drunkenness.
The Dromedary was a convict ship bound for New South Wales and from there to New Zealand to acquire timber suitable for top masts of Naval vessels. Captain Richard Cruise was the officer commanding the guard (See his profile)
During October/November 1820 the sailors and guards were busily employed in cutting down suitable timber for spars and living in spartan conditions in one long hut with very little protection against the inclement weather. On the 21st inst., they returned to the ship, that day a drunken quarrel broke out between Dunleavey and William Aldridge, Dunleavey went to the soldiers area and removed a bayonet which he then used to stab Aldridge three times in the chest area puncturing his lung
Dunleavey was arrested and kept in confinement, the native girl with whom he lived refused to leave his side.
November 27th Allridge died from his injuries and that evening his body was committed to the sea, the native girl was ordered from the ship and on being told Dunleavey would most likely hang, she purchased some flax from other natives to make rope and follow the same fate. She remained in a canoe at the side of the Dromedary, near where she believed him to be incarcerated and lamented for him regardless of the weather until such time as the Dromedary sailed from New Zealand
He was later tried for murder:- The verdict was guilty with the death sentence being passed and that his body should be anatomized – However there was uncertainty as to whether the court had jurisdiction. New Zealand at that time was not a Crown Colony. The Court decision was referred to London for guidance and the Death Penalty deferred with a recommendation for clemency due to the time period that would elapse before a final judgement was reached
Extract from Hobart Town Gazette and Van Diemens Land Advertiser – “From the Sydney Gazette of the 30th ult, we copy the following:- Special Criminal Court – Yesterday a Court was purposely convened for the trial of James Dunleavy, Thomas Lynch, James Horan and James Grady, Privates in the 84th Regiment, who were doing duty on His majesty’s store ship Dromedary at the Bay of Island, for the wilful murder of William Allridge a seaman belonging to the said vessel on the night of the 21st November last (1820) in the harbour of Whangarooa. The trial commenced at ten in the morning, and continued till five in the evening; when the prisoner James Dunleavy, who was charged as the principal in the indictment, was adjudged Guilty of Wilful Murder. – The other prisoners were acquitted. In consequence of a motion being made for an arrest of judgement by the prisoners solicitor Mr Garling, sentence has been deferred till Tuesday next, to which day the Court adjourned
In 1822 the Court in London ruled that manslaughter would be the correct decision. There is no record as to any revised sentence