Capetown Assault with intent to murder

[rusted]

I am looking for any information about this trial
Nov 1867 Michael Rourke Assault with intent to murder.
KAB,CSC, LEER 1/1/1/21,system 01, ref12, part1.
I have ordered the document and have been waiting patiently for 11 weeks for it to arrive but thought I would try here as well in case there is something in Newspapers or other records of the time that someone can access.
Michael John Rourke is my wifes GGG grandfather, he came to South Africa as a member of the 87th Royal Irish Fusiliers after serving in India and Hong Kong, he seems to have maintained his army links for the rest of his life, we have his diary and it has quite a few references to organising various balls and social occasions but not which unit.
Around that time he seems to be collecting character references from various places where he worked so we think this is probably him. Nothing in the family legends about it though, (as you would probably expect) and nothing in his documentation we have either.

Rusted

[Nookie]

We have had a postal strike in South Africa for well over a month and, despite promises to the contrary, it looks like it is going to continue for a while still.

I have checked the newspapers on the eggsa.com site, but unfortunately there is nothing relating to Michael.

Do you perhaps know where he was stationed in 1867?

[rusted]

Thanks for that Nookie, at least we now know where the Archives stuff is then, Oh well.

An outline of what documentation we do have, its quite a lot of his personal paperwork.
It gives a really good idea of some of his life.

The Bearer Corp J Rourke came on from England to India in /57 in a detachment under my charge. I have known him since in the regiment and consider him to be a good man. He has been drill instructor to the Regt. for some time. FF Devereux. Leut 87 Regt Royal Irish Fusiliers.

1861 he appears on the Census in Canton China with the regt

28 Mar 1861. A reference from Cap J R Todd of 10th Co 87th Reg Royal Irish Fusiliers, Written on the ship Bosphorus stating that Michael Rourke had served in his company for 5 years and was a sturdy, intelligent man and would recommend him for any employment.

13 Aug 1861 Extract from the marriage register at St Marys RC cathedral, Cape Town. Marriage to Mary Kilday, witnesses Michael Moran, Margaret Neil. purchased 11 Mar 1897

28 Dec 1862 a page in his diary. The Captains Ball Port Elizabeth.
5 Shillings to Pay, Men put up tent, Wagon 1 pound, 11/2 gallons Brandy, 1 cask sherry, 1 old wine, 14 dozen beer, 6 Lemonade, 6 lemons, 3 Ginger beer.

Oct 5 1863 reference from ???Pauling Resident Engineer of Cape Town Railway & dock company.
I have known Michael Rourke of the Police Force for the past 18 months. etc.

16 Oct 1863 letter to the Chairman and directors of the Standard Bank recommending Michael John Rourke Police Sergeant I think for a position as messenger, from R Johnson Dutton ,with R J Duttons titles but they are unreadable.

10 Jul 1864 Baptism cert St Marys Cape Town for son Michael John Rourke born 5 Jul 1864.

10 Apr 1865 Cape Town, reference by R Gibson Lieut Col. late adjutant 87th Fusiliers.

27 Aug 1867 reference from the late Post Master General J A H Sawer (hard to read) stating that Michael John Rourke was employed from 7 Jan 1863 to 15 Oct 1866 as a messenger and was of exemplary character etc.

I think this character reference and the Oct 1866 end of his service could possibly have something to do with the intent to murder charge.

Aug 1867. Character reference from W W Balls Lt Commanding No2 Company, Cape Volunteer Rifles for Sgt Major Rourke.

Died Jul 1875 Cape Town age 41

As you can see we know so much about him, yet he is our brick wall, we just can't get past his Army days to anything earlier.
Later family documentation says he was born in St Marys Parish Kilkenny but a post on the Kilkenny board some months ago has had no replies. Lets hope the documentation from Cape Town  Archives will give us something. We have ordered a copy of everything we could find.

Rusted

[Nookie]

So interesting that he kept so much documentation, and yet nothing about the charge against him.  There are police archives in Pretoria, but they are not online, and I am not sure how easy it is to find information there.

Hopefully once you get the documentation it will throw some more light on the subject. Quite possibly, if he was still active in the Police Service (perhaps as a reserve) it was a charge brought about by someone he was trying to arrest.

Do hope that the strike ends soon!

[rusted]

"So interesting that he kept so much documentation, and yet nothing about the charge against him. "

Hmm, having worked through a couple of old family histories and family legends in a few lines of my tree it doesn't really surprise me, they did tend to embellish the good bits and leave out bad bits and invent other bits. I have just about fallen off my chair laughing when I have found the truth with some of them.

Apart from the police archives do you have any thoughts where else (in South Africa) we might try, We are in Australia so its going to be even more difficult. I think the next post on Roots chat might be to see if we can dig up something on the military board for him.

Anyway thanks for the help, at least we can let some grass grow on the track we have worn to the letter box, We were beginning to get a bit anxious that our mail had gone astray.

Rusted

[Nookie]

The only other idea that I have is to contact the Cape Argus which was the newspaper at the time.  Their contact details are argusnews (at) ctn.independent.co.za

I did find some law journals available to download but they did not cover 1867.

[rusted]

Thanks again Nookie
I will see if the Cape Argus has an archive section.
The Cape Argus was owned by Saul Soloman whose father married a great grand aunt of mine on mums side.

Rusted

[Nookie]

Small world isn't it!

Do hope you come right with the Cape Argus.

[rusted]

The wheels turn really slowly but they do eventually get there.
We just got the records from the Western Cape Archives, It took 3 months.
On the 8th of October 1867 Michael Rourke maliciously assaulted TWO people from the Post Office and then and there discharged a gun loaded with gunpowder and a leaden bullet etc etc.  to kill and murder.

tried in the Supreme court of the colony of The Cape on 2 November 1867.

Now we have the definite dates it may make finding further information easier in the newspapers (perhaps)
Incidentally he got of the attempted murder charges and everything else but was found guilty of assault on John Crichton Bell. The sentence is apparently recorded on the next page which wasn't sent to us. (from a note on the bottom of the page we have)