File:Patrick Dolan trial correspondence (1866) (21076926125).jpg

On 11 September 1866 Patrick Dolan was sentenced to death after his trial in Auckland. Dolan, a corporal with the 1st Waikato Regiment at Opitiki, was on sentry duty at the Pakeha garrison when he shot fellow officer William Hannon. The pair were friends, but Hannon had failed to identify himself when hailed by Dolan. The militia had been formed to keep order after the 1860s wars. The atmosphere was tense so when Dolan’s shot proved fatal, his defence argued that he was acting to protect the garrison and that it was pitch-dark and he had no way of knowing who his victim was - or any reason to want him dead. Dolan was also drunk. Hannon’s widow however gave evidence that Dolan had not only killed her husband deliberately but had also threatened her. The jury rejected a manslaughter verdict and found Dolan guilty of wilful murder. Then Judge donned his black cap and sentenced him to death by hanging at Mount Eden public gaol.

‘The Prisoner heard his sentence without uttering a word, but it was evident that he was greatly moved. He appeared to grasp the front of the dock tightly with his hands, as if he found it necessary to sustain himself. One or two seconds elapsed before he heard the gaolers summoning him from the dock. He turned quickly and followed them , but he swayed slightly when leaving the bar. He gave no indication whatever of any feeling other than resignation. His demeanour throughout the trial was quiet and subdued.’ The above quote comes from an extensive report of the trial in the New Zealand Herald: paperspast.natlib.govt.nz/cgi-bin/paperspast?a=d&cl=s...

Reaction was swift and a petition for mercy was signed by over 100 people. Dolan’s sentence was overturned. He was given a lesser sentence of 14 years penal servitude after which he disappeared from public view.

Shown here is the first page of Patrick Dolan’s trial file and the letter from the Auckland Sheriff informing the Attorney General that he had received a sentence of death.

Reference R24261569 J1 60/h 1866/2225 archway.archives.govt.nz/ViewFullItem.do?code=24261569 For more information email Research.Archives@dia.govt.nz For updates on our On This Day series and news from Archives New Zealand, follow us on Twitter www.twitter.com/ArchivesNZ