Mitchell Library, State Library of New South Wales
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
[Page 1]
ARTHUR PAPERS
Miscellaneous Government Papers re V.D.L.
1. Courts Martial. Corporal Punishment. 1834-5-6
2. The Case of Convict Greenwood who received 100 lashes for a minor offence and was subsequently tried on a
capital charge and hanged. 1836
3. Appointment of Barrack Master.
4. Memorandum regarding the allocation of land for Church & School purposes 1825-36.
5. Memorandum of correspondence with Sec. of State re provision of Clergy in V.D.L.
6. Application for land.
7. Draft letter from Col. Arthur to Sec. of State on his departure for home (Oct. 1836) and some observations on
his administration during the previous eleven yrs. The letter has distinct interest and importance.
8.
Report on certain individual convicts.
9. Note for Prosecuting Council in case of Gordon v. Savery. (Case of a convict controlling the press. Savery
was an important case as it was raised in the H. of C.)
10. Draft report for Sec. of State on Crime. 1836.
11. Draft letter to Sec. of State re grievances of Mr. Jocelyn Thomas, formerly Colonial Treasurer.
12. Oswald Case.
13. A bundle of Gov. Memoranda. Some relate to Burnett, Montagu (John), and Land Concessions.
14. Jane new Case.
15. Miscellaneous – of minor interest.
16. Index of despatches from Sec. of State to Col. Arthur. 1823-1830.
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 2]
Certificates of Freedom were passed in
1824
To
380
1825
“
444
1826
“
390
1827
Probably 600 will become free and nearly that number became free in 1826.
The deficiency in the certificates probably has arisen from the discontinuance of the General Muster –
many of these Persons free by servitude who are settled are experiencing difficulty through being without
them.
16 March
[Page 3]
P
Read this memorandum & put up 24 March [indecipherable]
No. of certificates of
Freedom issued in
1824, 1825 & 1826
[Page 4]
3 Nov 1828
Dear Sir,
Will you have the kindness to inform His Excellency that the female prisoner named Elisa Harris
who was apd. to Mrs. Mills on her arrival died in the Colonial Hospital on the 14 February 1828.
I am Dear Sir,
Yours [indecipherable]
[indecipherable]
C Arthur Esqre.
etc
etc
[Page 5]
Mt Lakeland
3 Nov. 1828
Chas. Arthur Esqre.
etc etc
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 6]
5 Nov 1828
Dear Sir,
There can be no doubt of the female Eliza Harris who is dead, being the person for whom the enclosed
letter was intended for, I have not another person of her name in the Register –
I beg to enclose her character from the Police Office.
I am Dear Sir
Yours [indecipherable]
[indecipherable]
C Arthur Esqr.
[Page 7]
Police Character of Eliza Harris
no. 104/7
Persian in 1827
Nov 15 1827 Wells/ absent from her Masters service – a fortnight on Bread & Water & 3 months
Crime Class Factory.
Transported for “Stealing Wearing Apparel “ Gaol report “Indifferent “Single” stated this offence
“Stealing Wearing Apparel – Prosecutrix Maria English – Laundress - Father & Mother Tinemouth
named Harris - Father is Ship Carpenter Single “Protestant”
Josiah Spode
5 Novr. 1828
[Page 8]
[indecipherable]
Dear Sir,
Can you let me know immediately in whose service Thomas Brooks now is – 12 months ago he was in
the service of Mr. Hobler The man was in [indecipherable].
[Page 9]
Dr Sir,
1045 Thos. Brooks [indecipherable] Wm. Miles – is now in the Deep Gully chain gang where he has
been since 4 January 1830.
Yours truly
John [indecipherable]29.7.30
[Page 10]
[indecipherable]
M Hawthorn
[indecipherable]
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 11]
Name
[indecipherable] to be
[indecipherable] by 2 Nov 1829
No 189
Bartholu Readon
James
[indecipherable]
Patrick
[indecipherable]
Same as Readon
“
Arthur ONeele
Jeremiah Murphy
not sentenced
James Goodwin
[indecipherable] deported
John Robinson
[indecipherable] deported
James Alexander
Richard Crozier
John Tubb
Date of
Convn.
26th May
29
2nd April
30
Sentence
7 Yrs. transp.
Death Recorded
7 yrs transp.
26th May
29
8th May 29
30th June
31
8th April
29
death
recorded
death
recorded
[indeciphe
rable]
Do
7 yrs transp.
Death Recorded
5 Aug [indecipherable]
Do
John Baker
Do
Do
James McDermont
Do
Do
John Ackshot
Do
Do
Patrick
[indecipherable]
Do
Do
[indecipherable]
White
John Dawson
Ch
Gang
4 years
Do
Owen Burrows
Do
Richard Jones
Do
Charles Smith
Port
Arthur
J.C.
[indeciphe
rable] 8
July 1831
Not in
good
Report
Sentenced
by Police
[indeciphe
Thomas Walker
Edward Burns
John Southall
Do
[indecipherable]
Maria Island
[indecipherable]
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
Joseph Chaytor
rable]
Plains 2
years to
penal
settlement
J.C.[indeci
pherable]
23 July
1831
[indeciphe
rable]
[indecipherable]
[Page 12]
Attorney General
Prisoners convicted file
[Page 13]
List of Prisoners who have been upwards of 5 Years at Macquarie Harbour, 16 June 1832.
Names
William Beatson
H. I. Batchelor
Thomas Clay
Elisha Cooper
Rob Hitchinough
William Houghton
William Holt
Lyon Levi
David Morgan
John Mason
Joseph Newcomb
William Nicholls
Thomas Pursor
Joseph Richards
John Riley
Michl Shaughnessy
Solomon Solomon
John Strugnoll
Joseph Wright
Charles Wright
Date of Arrival
9 Octr 1826
28 April 1827
25 May 1824
19 Feby 1827
9 Oct 1826
28 April 1827
Do
Do
27 Decr 1826
17 March 1825
28 April 1827
27 Sept 1822
9 Oct 1826
Do Do
14 Feby 1825
19 Feby 1827
9 Oct 1826
28 April 1827
Do
Do
21 July 1823
8 Jany 1824
Remarks
Recomd by Capt Briggs
Improving in conduct
Correct since my arrival
Generally well conducted
Do and recommended
Do
Do
Regular in conduct
Was addicted to a nameless officer
Recommended
Correct
Do
Do
Do
Do
Do
Do
Do
Do
Do
Do
Do
Do
Do
Do
Conduct Improved
Do
Correct
Do
Do
P Baylee
Commandt
[Page 14]
List of Prisoners, who have been upwards of 5 Years at Macquarie Harbour.
16th June, 1832.
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 15]
Numerical Return of Prisoners who have absconded from Macquarie Harbour Van Diemens Land since
the formation of the Settlement 3rd Jany 1822 to the 20th June 1832 and who have returned or been
brought back to it and sentenced or received Punishment for that offence.
Year
1822
1823
1824
1825
1826
1827
1828
1829
1830
1831
1832
Total
No of Prisoners
17
49
26
33
13
10
8
1
7
5
“
169
Extracted and Composed
John Douglas
Comdts Clark
Remarks
P Baylee
Commandt
[Page 16]
Numerical Return of Prisoners who have absconded from Macquarie Harbour Van Diemens Land, since
the Formation of the Settlement 3rd Jany 1822 to the 29th June 1832, and who have returned or been
brought back to it and sentenced or received Punishment for that offence.
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 17]
Numerical Return of Punishments at Macquarie Harbour Van Diemens Land, From 1st January 1826 to
21st June 1832 Inclusive.
Distinguishing each year and each Command.
Average No of
Prisoners at the
Settlement
Year
No.
1826
1827
1828
1829
250
328
358
335
Lashes
No of
Prisoners
Sentenced
170
198
197
18
Solitary Confinement
on Bread and Water
No
Sentenced
No
Inflicted
7303
7989
5879
599
1829 335 14
1830 308 29
1831 226 7
1831 226 24
1832 180 9
Extracted and Composed
John Douglas
Comdts Clerk
6012
7272
5558
574
No of
Prisoners
Sentenced
1
1
“
2
No of
Days
Sentenced
2
14
“
42
No of
Days
remitted
“
“
“
“
454
1336
185
429
1195
185
16
34
5
110
225
23
22
43
1
Captain
Briggs
Command
From
11th June
1829
to 14th Feby
1831
967
235
917
194
13
16
206
256
76
51
Major
Baylee’s
Command
From
14th Feby
1831
to 21st June
1832
Captain
Butlers
Command
From
1st Jany
1826
to 11th June
1829
P. Baylee Majr 63d Regt
Commandant
[Page 18]
Numerical Return of Punishments at Macquarie Harbour Van Diemans Land From 1st January, 1826 to
21st June 1832 Inclusive. Distinguishing each year and each Command
[indecipherable]
These Returns were furnished to me by Messrs= [indecipherable] & Walker on their Return from
Macquarie Harbour [indecipherable]
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 19]
Alphabetical Return of Prisoners, who have Absconded from Macquarie Harbour, Van Diemans Land,
since the Formation of that Settlement on 3rd January 1822 – to 20th June 1932 and of whose Fate , no
Official Information is known at Macq. Harbour
No.
Waltr Archbald
Ship from
Europe
Chapman
Date of
Absconding
17 May 1825
John Allways
Geo.Appleby
Malabar
Almorah
1 Feby 1827
31 Dec 1828
286 Thomas
Bodenham
193 Joseph Byrne
74 Henry Bridge
267 Joseph Brown
617 Wm. Blackburn
356 Mattw. Brady
722 James Bryant
196 John Bains
285 Benj. Baker
262 James Byrne
197 Robert Burke
Charles Bond
909 Edwd. Broughton
79 Patrick Chearns
James Crawford
Charles Curran
Thomas Cove
612 Thomas Cope
617 Thomas Callaghan
Timothy Crawley
614 James Mc Cabe
Coromandel
20Sept 1822
Got to the Hobart Town
side
Perished in the Woods
Got to the Hobart Town
side
Murdered
Bencoolen
Almorah
Prince Regent
Mangles
Juliana
Chapman
Bencoolen
Arab
Castle Forbes
Cockburn
Richmond
Earl St Vincent
Minerva
Prince Regent
Bencoolen
Dromedary
Ocean
Somersetshire
Guildford
Almorah
31 Jany1823
20 Feby 1825
11 Feby 1823
16 June do
7 Do 1824
Do
Do
9 Jany 1826
Do
31 Decr 1828
1 Feby 1827
3 Sept 1830
10 Mar 1822
7 June 1824
17 May 1825
13 Nov. 1823
18 April 1824
11 May Do
2 June Do
7 Do Do
Perished in the Woods
Doubtful
Perished in the Woods
Do.
Executed
Do
Do
Perished in the Woods
Do
Executed
Perished in the Woods
Executed
Perished in the Woods
Executed
In England (Doubtful)
Murdered
Perished in the Woods
Do
Do
Executed
615 Charles Connor
616 Patk. Connolly
462 John Connell
Ocean
Minerva
Phoenix
17 May 1825
7 June 1824
28 Mar: 1825
In England (Doubtful)
Executed
Perished in the Woods
21
Names
Supposed Fate
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 20]
No.
Names
Ship from
Europe
Hungerford
Castlereagh
Atlas
Caledonia
Date of
Absconding
14 Mar 1828
1 Do 1830
3 Sept Do
20 Do 1822
Supposed Fate
Perished in the Woods
Norfolk Island (Doubtful)
Murdered
Do
439
110
945
178
Thomas Connoll
Joseph Carter
Wm. Coventry
Alexr. Dalton
291
290
292
120
186
43
81
49
45
53
74
Thomas Dwyer
John Doyle
John Davis
John Dickinson
William Deakin
John Downs
Wm. Donell
John Edwards
Edward Evans
Michl. Flannagan
Philip
Flannaghan
James Flanney
Geo. Fryer
Patrick Feagon
John Green
Geo. Ganes
Minerva (3)
Guildford (3)
Elizabeth
Dromedary
Maria
Minerva
Surrey
Hibernia
Castlereagh
M Wellington
Bencoolen
31 Jany 1823
4 Mar 1825
31 Jany. 1823
27 Feby Do
Do
28 Decr. 1824
10 Sept 1828
27 Feby. 1823
10 Jan 1826
10 Mar 1822
Do
Perished in the Woods
Do
Do
Do
Do
Do
Do
Do
Do
Do
Do
Arab
Phoenix (1)
Andromeda
Castlereagh
Hibernia
4 Mar 1825
28 Do Do
3 Sept. 1830
4 Mar. 1822
17 Do Do
Robt. Greenhill
Richard Giles
John Griffiths
Joseph Geary
John Grant
Patk. Hickey
Richd. Hopkins
Edwd. O Hara
Patk. Hart
Michl. Haggarty
Geo.
Hammersley
Wm. Hillyer
Wm. Humpage
Richd.
Hutchinson
Wm. Holsell
Lady Ridley
Guildford
Coromandel
Hadlow
Morley
Minerva
Globe
Minerva
Castle Forbes
Elizabeth
Lord Melville
20 Sept. 1822
31 Jany. 1823
7 June 1821
11 Jany. 1825
7 Mar. Do
10 Mar. 1822
29 Jany.1823
10 Dec. 1822
27 Feby. 1823
17 May 1825
4 May 1824
Do
Do
Murdered
Perished in the Woods
Sent in pursuit of Bush
Rangers and has not been
heard of since
Murdered
Perished in the Woods
Do.
Murdered by Natives
Perished in the Woods
Do.
Do.
Doubtful
Perished in the Woods
Doubtful
Do.
Hadlow
Asia
Indefatigble
17 May 1825
27 Jany. 1827
2 Sept. 1830
Perished in the Woods
Drowned (Doubtful)
Murdered
Do
1 Jany. 1831
In England or Sydney
(Doubtful)
192
184
305
77
118
227
181
373
131
322
66
144
64
185
510
98
527
582
3
8
[Page 21]
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
No.
Names
Ship from
Europe
Bencoolen
Do.
Batavia
Chapman
Malabar
Woodford
Coromandel
Shipley
Hungerford
Date of
Absconding
28 Mar. 1825
10 Do. 1822
13 July 1823
3 May 1825
8 Mar. Do.
1 Jany. 1831
27 Jany. 1823
20 Sept 1822
31 Jany
1823
10 Mar 1822
2 June 1824
3 Sept. 1830
1 Feby. 1831
2 June 1824
11 May Do.
63
72
221`
16
185
361
217
233
340
Thomas Judge
Michl. McKieron
James Lunt
John Lindon
John Lamb
Charles Lucas
Saml. Marsdon
John Mather
Alexr. Mill
238
332
72
355
40
90
John Martin
Richd. Morris
Mattw. McAlbey
James Mare
John Newton
Robt. Nicholls
6
Patk. Noland
Caledonia
Hungerford
Castle Forbes
Woodman
Granada
Prince of
Orange
Fame
95
130
32
30
121
281
200
374
372
2 89
54
168
James North
James Newman
James Onell
Wm. Ozeland
Robt. Palmer
Saml. Pantill
John Prichard
Charles Ryder
Jeremh. Ryan
Patk. Riley
Geo. Ralph
Wm. Smith
Caledonia
Woodford(2)
Juliana
Maria
Shipley
Competitor
Hungerford
Mariner
Malabar (1)
Pr. of Orange
Castlereagh
John Barry
8 Mar 1825
1 Feby. 1831
11 May 1824
13 Apl. Do.
27 Jany. 1823
8 Mar 1825
1 Do. 1830
7 June 1824
Do.
10 Decr. 1824
1 June 1831
17 Mar 1822
198
293
307
541
593
590
113
Josh. Saunders
Josh. Swindell
Thomas Sim
Geo. Smith
John Sullivan
William Saul
Chas. Smith or
James
Dromedary
Juliana
Fortune
Comr. Hayes
Malabar
Agamemnon
Ocean
4 Do. Do.
27 Feby. 1823
28 Do. 1825
13 Apl. 1824
11 May 1824
25 Augt. Do.
1 Jany.1831
28 Decr. 1824
Supposed Fate
Perished in the Woods
Do.
Do.
Do.
Do.
Murdered by Natives
Perished in the Woods
Murdered
Perished in the Woods
Do.
Do.
Executed
Doubtful
Perished in the Woods
Do.
Shot by Soldiers sent to
apprehd. Him
Perished in the Woods
Doubtful
Perished in the Woods
Do.
Do.
Do.
Doubtful
Executed
Do.
Perished in the Woods
Doubtful
Sent on purst. of B. Rangers
and not heard of since
Perished in the Woods
Do.
Doubtful
Do.
Perished in the Woods
Murdered
Doubtful
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 22]
No.
727
1
18
473
Names
Ship from
Europe
Medway (2)
Pilot
Hungerford
Fanny
Ocean (1)
Thomas Slater
Mattw. Travers
James Tierney
Charles Spratt
Joshua Smith
Stephen Toole
27 Jany. 1827
293
350
James tansley
Wm. Thompson
18
21
22
William Vale
William Vincent
John Walker
421
458
460
87
331
James West
Isaac Walker
Thomas Wilson
James Woodward
David
Whitehaven
James
Williamson
James Wilton
Frans. Ward
John Webb
Wm. Williamson
414
262
74
224
548
Date of
Absconding
10 Sept. 1828
20 Sept. 1822
9 June 1824
2 July 1823
12 April Do.
Supposed Fate
Doubtful
Murdered
Executed
Perished in the Woods
Shot by [indecipherable] sent
in pursuit of him
Drowned (Doubtful) No. and
Ship not known at
[indecipherable]
Doubtful
In England or Sydney
(Doubtful)
Asia (1)
Earl St.
Vincent &
Morley
Arab
Competitor
Guildford
1 Mar 1830
1 Jany. 1831
Baring
Gambier
Malabar (1)
Castlereagh
Malabar
13 Feb. 1823
7 June 1824
11 May Do.
4 Do. Do.
17 May 1825
Perished in the Woods
Do.
Sent in pursuit of B. Rangers,
and not heard of since
Perished in the Woods
Doubtful
Do.
Do.
Do.
P. of Orange
9 Sept. 1824
Murdered
Juliana
Minerva
Guildford
Sir G.
Webster
17 May 1825
14 Apl. Do.
20 Nov. 1826
Do.
Perished in the Woods
Do.
Do.
Do.
N.B. The Column of Supposed Fate
is not official – the other Columns are
John Douglas
Comdts Clerk
10 Mar 1824
13 Apl. Do.
17 Mar. 1822
P. Baylee
Commandant
[Page 23]
Numerical Return of
Prisoners who have absconded
from Macquarie Harbour
since the Formation of the
Settlement in 1822
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 24]
Macquarie Harbour
28th June 1832
Memorandum
On looking over Copy of the List of Absconders I find that the following names should be struck out, as
they are Accounted for at the Settlement and included in the Return of Casualties now forwarded = This
reduces the Number to 112.
Joseph Geary – murdered by Natives
Patrick Nolan – Shot by Soldiers sent in pursuit
Joshua Smith “
“
“
Thomas Cox
murdered
William Saul “
James Williamson - “
John Douglas
Recapitulation
Perished in the Woods –
62
Got to the Hobart Town side –
2
Murdered –
9
Executed –
12
In England (Doubtful) –
2
In England or Sydney (Doubtful) – 2
Norfolk Island (Doubtful) –
1
Drowned (Doubtful) –
2
Doubtful –
17
Despatched in pursuit of Bush
Rangers and not heard of since – 3
Total –
112
This to be Appended to the List of Absconders
P Baylee
Commandt
[Page 25]
General Abstract of Prisoners at Macquarie Harbour, Van Diemen’s Land,
From the Formation of the Settlement 3rd January 1822, to 28th June, 1832.
Total Prisoners Received during the above period – 1153
Extracted by
John Douglas
Comdt Clerk
Sent to Hobart Town, Sentences having Expired [indecipherable]
during the above period – 793
Absconded where fate is uncertain, or not Officially known at the Settlements –
During
Do
– 112
Casualties at the Settlement
During
Do
– 85
Prisoners now at the Settlement/28 June 1832/ - 163
[total]
1153
PBaylee
Commandant
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
A 2189
Mitchell Library, State Library of NSW
Mitchell Library, State Library of New South Wales
[Page 26]
Abstract of the Number of Prisoners sent to Macquarie Harbour since its formation in 1822.
[Page 27]
Nominal Return of Casualties of Free Persons, at Macquarie Harbour: Van Diemens Land, From the
Formation of the Settlement 3rd January 1822 to 28th June 1832.
Reynolds Pte 48th Regt
Parker - Do
Sent in pursuit of Bush Rangers 17 March 1822 - and not heard of since.
Lieut John Cuthbertson, 48th Regt Commandant – Drowned 22 Decr 1823
Patk Daley. Infant Son of P. Daley, Pte Buffs –
Died 10 Feby 1824
Thomas McClelland, Private, Buffs –
Drowned – Decr 1824
Thomas Cole. Son of Mr Thos.Cole Shipwrights – Do 28 September 1827
Mr George Luck. Apt Commissr Clerk –
Do – 25 April 1829
John McKanna, Private 63rd Regt. Died in Hospital – 4 Novr 1829
Mr George Bowhills, Pilot –
Drowned off the Heads 23rd July 1830
Sergeant Dawson, 63rd Regt
“
“
“
“
William Bratton, Pte 63rd Regit –
Died in Hospl – 28 November 1830.
Extracted by John Douglas
Comdrs Clerk
P Baylee Commandant
[Page 28]
(in margin – Casualties of Free Persons at Macquarie Harbour)
Numerical Return of Casualties of Prisoners, at Macquarie Harbour: Van Diemens Land, From the
Formation of the Settlement 3rd January 1822 to 28th June 1832. Distinguishing each Year
Description of Casualty
Casualties in each Year
General Total
Shot by Military - 1824 – 2 1826 – 1
Died in Hospital - 1822 – 5 1823 – 3 1826 – 2 1827 – 2 1828 – 10
1829 – 4 1831 – 3 To June 1832 - 1
Do. Suddenly - 1828 – 2
Do. at Wellington Head - 1826 – 1
Do. after returning from the Bush - 1822 – 2
Accidentlly Killed - 1823 – 2 1824 – 1 1826 – 1 1828 – 2
1830 – 1 1831 – 1
Drowned
- 1822 – 3 1823 – 6 1824 – 4 1825 – 1 1826 – 1
1828 – 1 1829 – 2 1830 – 7 1831 – 2
Murdered
- 1823 – 1 1824 – 4 1825 – 2 1827 – 2 1828 – 1
1829 – 1 To June 1832 - 1
Totals - 1822 – 10 1823 – 12 1824 – 11 1825 – 3 1826 – 6 1827 – 4
1828 – 16 1829 – 7 1830 – 8 1831 – 5 To June 1832 - 3
Extracted by
John Douglas
Comdts Clerk
3
30
2
1
2
P. Baylee
Commandant
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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8
27
12
85
Mitchell Library, State Library of New South Wales
[Page 29]
Return of casualties of Prisoners at Macquarie Harbour since the formation of the Settt. in 1822.
[Page 30]
Members of Society at Macquarie Harbour
June 17th 1832
Thomas Hollaway
Richard Edwards
Henry Chapman
Robert Wright
Benjamin Smith
James Mountshire
Henry F Chapman
Thomas Day
Joseph Johnson
Martin Cain admitted on trial
[Page 31]
Macquarie Harbour
28 June 1832 – 10 p.m.
Memo//
It has just occurred to me that if the List of Casualties is shown to any person acquainted with the
Settlement they would say this was an omission of 3 prisoners who were hanged here in 1825, but I left
them out purposely, as they did not belong to the Establishment, being sent down in charge of the
Sheriff, and were only landed from the Vessel to be Executed – They certainly committed the offence
here (3 murders) for which they suffered – were sent to H.Town for Trial – and consequently struck off
the Books – They are included in the No. 793 in “General Abstract.”
John Douglas
Names of the Men Executed
Thomas Hudson
William Allen
Francis Oates
[Page 32]
Macquarie Harbour
5th July 1832
New Penitentiary. Built of Stone and Brick.
Three rooms – 36 Feet by 17 Feet, each – in the clear
Height of Lower room – 10 ft 6 in
Do – Middle Do - 8 ft 6
Do – Upper Do – 3 ft 6 to Rafters of Roof
(in margin - Walls 18 inches thick)
70 Prisoners lodged in the above at present, but capable of accommodating 90, with ease.
Penitentiary Small Island – Weather Boarded – 36 ft by 12ft 10 in = 7 feet high and lofted – 9 prisoners.
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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Gaol
Built of Brick – Stone foundation - Extreme length 44ft 9 – Width 15ft 9in. = In seven divisions, viz:
One Guard Room 16ft by 14 ft (where Prisoners are usually confined before Trial) and 6 Cells for
Solitary Confinement, the latter, each, 7ft by 3ft = Height 8ft 8in. – with a passage along their Front 3 ½
feet in Width = Each of the Cells are Ventilated by a hole thro’ the Roof, into a Loft, of 12 Inches by 2
and another into the Passage of 15 inches by 3.
The Guard Room and Cells are completely Floored with Pine Boards.
John Douglas
Com dt Clerk.
[Page 33]
Ackd 30/8/34.
W.J.W.
London June 18th 1833
Sir
I have the honor to inform you that I have sent the Petition signed by eight Members of Parliament
besides myself which will be conveyed to you by the two unfortunate Men G B Giblett, and H. Penny,
who I take the liberty of recommending to your Excellency’s clemency.
I have the honor to be your Excellency’s Obd Humble Serv.
W Lamont M P for Wells Somerset
To His Excellency
The Governor of New South Wales
[Page 34]
W. Lamont, Esq
18th June 1833
In favour of G.B. Giblett & H. Penny –
[Page 35]
enc –
House of Commons
London 14th June 1833
Sir,
We beg to recommend to your favourable consideration G B Giblett & Hr Penny who are now under
sentence of Transportation for Life for Forgery. They having always borne an excellent Character until
this unfortunate circumstance took place, & one of the undersigned (N. Lamont) having known the
Prisoners for many years believed they had no intention to commit fraud.
N Lamont MP for Wells
Thomas Calley MP for Cricklade
G. Ashford Sanford MP for Launceston
Wm W Brigstock MP Eastern Somerset
W. Tayleur MP for Bridgewater
E.H. Grosvenor MP for Stafford.
To His Excellency
Governor of New South Wales
etc etc etc
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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[Page 36]
Joseph Pease Jr MP – Durham County (South)
Richd Potter MP for Wigan
James Talbot M.P for Athlone
[indecipherable] 7 Spring Garden.
[Page 37]
H Lamont Esq – MP and other Gentlemen recommendation in favour of Giblet & H.Penny –
14 June 1833
[Page 38]
The King on the Prosecution of Gordon Vs Savary
Notes for the Prosecuting Counsel
Mr Gordon wishes his Counsel to show that the object of the Prosecution is not so much to Punish the
accused as to establish the fact that convicts have been permitted not only to write in the Newspapers but
to become the Editors of the Public Journals and to dwell on the evils that must result to the community
from Convicts being permitted to control the Newspaper press both on account of their having no legal
rights, and also on account of their necessary subserviency to the Authorities at whose pleasure they may
instantly be deprived of the degree of liberty which they enjoy – as it is intended to publish the
arguments of the Counsel – and to forward copies to several of the home authorities it is requested that
the Counsel will keep in view the effect which those arguments may produce elsewhere as well as on the
Magistrates – It is important to show that Savary acted under the sanction or by the desire of persons in
authority – but it is absolutely
[Page 39]
absolutely necessary to shew that he has stated that he acted under the sanction of the Governor.
Call Mr G. Robertson – To prove that Mr Savery had admitted that he was Editor of the Tasmanian Ex[indecipherable] – him as to the falsehood of the article.
Mr Lascelles – To Prove that he stated to him that he was Editor – both before and since the date of the
complaint to the Governor and that he set the complainer at defiance and said he would make it worse for
Mr Gordon or some words to that effect –
Call Dr Ross – to Prove his knowledge of Savery being the Editor and howe he acquired it –
Call - Mr Gregson to prove a conversation which he had with Savary wherein Savery acknowledged that
he was the Editor etc etc
Call Frederick Smith to prove that he knows that Savery has written many articles in and as the
Conductor of the Tasmanian.
[Page 40]
Call Mr Melville
To prove that Savery is employed by him as Editor - Examine him as to the article in question –
[Page 41]
The King on the Prosecution of Gordon vs Savery.
Brief
Mr Gellibrand is requested to attend for the Prosecutor at the Police Office at ½ past 10 o’clock on
Wednesday 29th May 1833
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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James Gordon
[Page 42]
(This and the following page) Summary shewing the number of Prisoners convicted, acquitted,
discharged by proclamation, admitted to bail, sentenced to be hanged and whether Executed, pardoned
unconditionally, or pardoned when condition of Transportation, and for what time, and also those
sentenced to Transportation (distinguishing Life, Fourteen, and Seven years)
Imprisonment and other punishments by the Supreme Court of Criminal Judicature for Van Diemans
Land from January1832 to December 1833 – both inclusive
For this Year 1832
Sentenced to be hanged and Death recorded –
Executed –
Commutation of Sentence
Transportation for Life –
14 years –
7 years –
Pardoned unconditionally –
Not disposed of –
[total]
83
14
39
6
2
1
21
83
To be transported for life –
0
14 years –
5
7 years –
18
To be imprisoned for short periods –
5
Imprisoned and publicly whipped –
0
Fined and discharged –
3
Total No. convicted and sentenced during 1832 – 114
Acquitted –
Discharged by proclamation –
by Attorney General –
Not sentenced –
Total committed in the Year 1832
-
38
21
2
2
177
*These Men disposed of in the following manner (viz)
1 served his term of imprisonment out in Gaol
4 sent to Norfolk Island
5 Executed
3 to Port Arthur
6 to Principal Superintendents
2 still in Gaol, (viz) Timothy Waters & John Allen
21
NB Free –
Free by Servitude –
Prisoners –
25
31
121
[Total] = 177
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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[Page 43]
(See previous page)
For the Year 1833
Sentenced to be hanged and Death recorded –
79
Executed –
7
Commutation of sentence
Transportation for Life –
46
14 years –
14
7 years –
7
In Gaol, not disposed of –
6
[total]
79
To be Transported for Life –
14 years –
7 years –
To be imprisoned for short periods –
No. convicted during the Year 1833 –
Acquitted –
Discharged by Proclamation –
by Attorney General –
On Bail –
For trial Quarter Sessions –
5
13
46
22
165
84
65
5
2
11
Total committed in the Year 1833 –
167
332
No. executed in 1833 = 12 – but five of that Number were tried and convicted in 1832.
NB Free –
Free by Servitude –
Prisoners –
[total]
50
117
165
332
Thomas Bannister
Sheriff
[Page 44]
Summary of Convictions before the Supreme Court of Van Diemen’s Land during the Years 1832 &
1833.
[Page 45]
Memorandum
18th November 1833 – The Chief Police Magistrate will make immediate enquiry, and obtain the fullest
possible information upon the following points.1st Whether any person of the name of John Kettle resided at Launceston about the month of May 1829,
or at any time either previously or since, and in what manner he obtained his livelihood, and has
disposed of himself, or any other particulars respecting him. –
John Kettle per Caledonia formerly an Overseer in the Launceston Chain gang became free, lived in
Launceston at the time mentioned, a bad character and notorious gambler, no particular calling – went
from Launceston in 1829 or 1830 since supposed to have gone to England or Sydney.
2nd
The Chief Police Magistrate –
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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2nd Whether any person of the name of “George Glen” is known at Launceston, and whether he was
there about the month of May 1829 or subsequently, and when; - it is supposed that he was there about
that time, and that he came down from Sydney in the “Hetty”
3rd It is stated by George Glen, that “Jane Nerr” was living openly in her own name about May 1829 at
Launceston at the house of John Kettle, and soon after came to Hobart Town; it is very desirable it
should be correctly ascertained whether
(continued next page)
(in right margin - George Glen or Glue arrived at Launceston from Sydney in May 1829 remained at
Launceston until Mar. 1831 when he was committed for trial on a charge of stealing a saddle – convicted
and served 12 months in jail and discharged - a bad character since gone to Sydney.
A woman under the name of “Hannah Noon” was living in Launceston at the same time as Jn Kettle
came to Launceston as servt to Mr Solicitor Dawes, went to Hobart Town and has returned now living
with Thos. Twining a Bricklayer working at the new Female Factory Launceston. The period of Hannah
Noon’s going to Hobart Town was about Jany 1829)
[Page 47]
whether Jane Nerr was there at all, and if so, the exact period when she was so, and if she left it to come
to Hobart Town or whether she did come to Hobart if so, when & how long did she remain
“Noon”
“Noon’s”
[Page 48]
Mr. Lyttelton’s replies to certain queries connected with the case of Jane New – 20 Nov 1833.
20 Nov 1833
[Page 49]
Copy
Robert Legge
Freed
(
Charged in the sheltering
(
and protecting Ann Davis
(
a prisoner of the Crown
Charge Dismissed
Present
W Lyttlelton Esqre
G.S. Davis Esqre.
J. Henty Esqre.
22nd Nov. 1833
Launceston
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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[Page50]
Copy
Island of
( Be it remembered that
Van Dieman’s Land ( on the 12th day of November in
To wit
( the year of our Lord one
thousand eight hundred and thirty three at Launceston in the said island of Van Dieman’s
Land Constable George Pyle in his own proper person who prosecutes for our Sovereign Lord the now
King, as well as for himself in this behalf, before me William Lyttelton Esquire one of His Majesty’s
Justice of the Peace in and for the said Island and its dependences, and giveth the said Justice to
understand and be informed that Robert Legge of Launceston in the said Island did in his private
dwelling house situate in Launceston aforesaid, on about the seventh day of September last past shelter
[Page 51]
and protect Ann Davis a prisoner of the Crown then illegally at large – contrary to the provision of the
Act in Council of this Island [indecipherable] entitled “ An act for amending the Laws, and preventing
the harbouring of Felons – for which said offence, and by virtue of the said act, he the said Robert Legge
hath become liable to forfeit and pay the penalty or sum of one hundred pounds – whereupon the said
George Pyle prays that the said Robert Legge may be summonsed to appear and answer to this
information and make his defence thereto.
( Signed George Pyle)
Exhibited and taken
the day and year
first above written
before me
(Signed) W. lyttleton
[Page 52]
Copy
Police Office Launceston
22nd Novr. 1833
Mr Solicitor Gleadow appears for the Defendant and pleads not Guilty.
Robert Bell being sworn saith I know Ann Davis. She absconded from my service but I cannot say at
what time.
(Signed) Robt. Bell
Elizabeth Barrrett being sworn saith. I served as Housekeeper to Mr. Legge in the month of September
last. I know Ann Davis. I never instructed any one to get her assigned to me
[Page 53]
She was in Mr. Legge’s house in the month of September – She was there on the 7th. I saw her there for
a considerable time before that. During the time she was there I did not feed or cloth her but she was at
that time fed by Mr. Legge. She was under his protection and slept in his dwelling House – I slept in the
same house Ann Davis slept only one night in the room with me. She was not assigned to me at this
time. I never applied to have Ann Davis assigned to me. During the time she was with Mr. Legge she
worked for him.
Cross examination –
I was employed by Mr. Legge as cook and house servant. I was confined at
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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[Page 54]
Mr. Legge’s house, during that time, and for a short time before that I was unable to do my duty as his
servant, when Ann Davis did my work, she was with me during my confinement, and rendered me
assistance in the house, she sometimes nursed my child as well as performing her other duties in the
house. Mr. Legge made no deduction from my wages during the time I was unable to work I never
expressed a wish to have Ann Davis assigned to me. I went to her at Dr. [indecipherable] at the request
of Mr. Legge. Mr. Legge asked me to have the woman assigned to me but I said I would rather not.
( Signed ) Elizabeth Barrett
[Page 55]
Thos. Barrett being sworn saith I know Ann Davis a prisoner of the crown – she has never been assigned
to me. In the month of September last I was living with Mr. Legge as Gardener. I never applied to have
her Ann Davis either assigned to me or on loan. I never considered her my servant
Thos Barrett
+ his mark
William Henry Browne, Chaplain being sworn saith - on the 6th or 7th of September last I recollect
calling on Mr. Legge respecting a person named Ann Davis
[Page 56]
Davis a prisoner of the Crown – I knew she was at that time in his house for I saw her go in five minutes
before.
(Signed) W.H.Browne
Ronald Gunn being sworn saith I am Superintendent of Convicts at Launceston – I know Ann Davis she
is a prisoner of the Crown - in the month of June last she was assigned to Mr. Barrett on an application
of Mr. Legge. In the month of September last Ann Davis was not illegally at large.
In consequence of
[Page 57]
a letter from Dr. Browne to me, expressing a wish that Ann Davis might be removed from Mr. Legge I
went up to Mr. Legge’s house and told him I wished to move the woman from his house, and send her
into the Country, to which he immediately acceded. At the time Mr. Legge applied for a female servant
in the name of Ms. Bunett the woman Ann Davis was the only one who was then assignable.
(Signed) Ronald C. Gunn
Charge dismissed it appearing that Ann Davis was not illegally at large.
( Signed) W. Lyttelton
(
“
) Jas. Henty
(
“
) G.S. Davies
[Page 58]
Robert Legge – tried at Launceston on the 17th February before Mr. Justice Montagu and a military jury
for aiding the escape of a Convict from the Colony –
Acquitted
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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[Page 59]
The Statement of Mrs. Mary Coulson who saith, I am the wife of George Coulson – we keep an inn
about ten miles from Launceston on the East Bank of the river Tamar – we have done so for three years
this month – I recollect some time in the summer after we opened house Mr. Robert Legge then under
Sheriff came. I cannot now recollect the month or the day of the month – Mr. Legge was accompanied
by a respectable looking female like a lady – Mr. Legge had frequently been at our house before and he
came into my private parlour, and asked me
[Page 60]
if I could accommodate the lady, he said she was a respectable young lady that he was taking to George
Town for the benefit of her health, and that he did not mind what accommodation he had so long as she
was accommodated; They came on horse back . Mr. Legge said the lady’s horse knocked up, otherwise
they had intended to have gone to Dr. [indecipherable] They remained at our house that night – Mr.
Legge had a bed on the sofa in the Parlour, and in consequence of Mr. Legge saying that the lady was
very delicate I was induced to give up my own bed to the female – The following morning they had
[Page 61]
an early breakfast and Mr. Legge hired Mr. Coulson’s boat to go to George Town – Mr. Legge and the
female went away together in the Boat – I did not see the female again until about a week afterwards
when I saw her at the Police office Launceston as a convict – I was told by the Police Magistrate that
she had absconded when she was in my house – her name was Anne Davis.Mr. Legge told me that they came on horseback. they came arm in arm to our house with one horse, and
Mr. Legge said the Lady’s horse had failed, and that he had sent it back
[Page 62]
by the servant – The one horse was left at our house, and the day after they left Mr. Gleadow the solicitor
at Launceston came and took the horse away saying that the horse belonged to Mr.Oakelen that Mr.
Legge had sold it to him.
(signed) Mary Coulson
Sworn before me this twelfth day of September one thousand eight hundred and thirty six.
(signed ) John Clark
[Page 63]
The information on oath of Charles Freestone Chief District Constable of George Town who saith that
two years ago, I received information that Mr. Robert Legge, who was then under Sheriff, was at
Clarence Point in Mr. Wm Bryan’s House with a female convict concealed there. I went to the house,
and found Ann Davis in bed with Mr. Robert Legge – This was about ten oclock at night – Ann Davis
was a runaway convict – I took the woman over to the watch house at George
[Page 64]
Town, while she was there I was offered £50 by Begent the fisherman to let the woman go along with
Mr. Legge again – Mr. Legge had taken his passage in the Brig Socrates which was laying in Bryan’s
Bay, for New Zealand – I cannot say if the woman’s passage was taken –
(signed) Charles Freestone
Sworn before me this Eleventh day of September 1836 at Launceston
(signed) John Clark
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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[Page 65]
Jy 26, 1834
In looking over my List of Prisoners I find that 48 of them acknowledged that they complied with the
demand a request of the Clerk of the [indecipherable], (it does not appear the same system is practised in
the Leviathon and paid a bribe [indecipherable] to lose their names included in the List of those that were
to embark for Sydney or Hobart Town by the first ship – 4 to be permitted to recover the amount of sums
paid by the prisoners
Several mentioned that they had advanced money for others who had none in order to [indecipherable] as
they had been led to believe their names being included in the list.
[Page 66]
Again, it was told to me by several of the prisoners and reported as a point of general notoriety amongst
them, that when their friends lent them articles of clothing with a view to contribute to their comfort
during the voyage or when they land in the colony they are not allowed to receive, or rather to retain &
possess them, but are compelled to sell them for whatever a certain man employed for the purpose may
choose to give for them, or throw them overboard, the latter they [indecipherable] for, but are afraid lest
they should be made to suffer as refractory characters and therefore, think it, generally speaking, prudent
to give up their valuable clothes, sometimes whole suit, for a mere trifle as 3 or 4 shillings.
Further, when their friends forward to them a few pounds of sugar, a half pound or a pound of tea – these
articles they are not permitted to receive but must either dispose of them to the appointed personage, or
lose them thrown, or throw them overboard.
[Page 67]
Their pound of tea & sugar therefore goes for a few pence, and they are allowed to purchase from some
dealer, who is allowed to sell to the prisoners as much as they please, tea at 7 or 8 shillings per pound &
sugar at 17d-.The general way in which they obtain money to meet the demand of the bribing clerk
is said by them to be by signing a “ticket” for slops to be furnished by some Jew or slop-seller, who
perfectly understands the business and receives his percentage – but of course supplies no slops - and the
money goes for the purposes for which it was exacted. – Last is the truth of the information I have been
able to collect from the Prisoners [indecipherable] but I vouch not its correctness. The [indecipherable] I
confess, appear to me to be true.
Mr Collier, 515G – Mr Hawkins 5120. Phil.Smith. 4885 – Will Hale, 4919 – John Johnson, 513G – Geo
F. Hunniburn, 5162. Rich. Brookes, 512d. Will Woodman 510G Will Taverner, 4638 – V.S Pennington,
5182, and Will.Reeve, 4652 – will be able to explain the whole system [indecipherable] Transport. July
26th [indecipherable] In haste
Colin Arrott Browning.
[Page 68]
[indecipherable] made by Prisoners in hand
[indecipherable]
Dr Browning
26 July 1834.
Relative to the Male Convicts on “Arab”
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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[Page 77]
Comparative scale of Rations. 1834.
[Page 78]
- Male Convicts –
Total Number remaining in December 1833 – 13,126
In the Service of Settlers during this Year
– 6,702
Become free by Servitude – Ditto
– 419
Convicted after becoming free- Ditto
– 49
- 1834 –
Total Number remaining to the 23rd December – 13,747
In the Service of Settlers during this Year
– 6,358
Become free by Servitude – Ditto
– 631
Convicted after becoming free – Ditto
– 61
Josiah Spode P.S. Decr 23rd 1834
[Page 79]
Return of Convicts to whom Free Pardons have been granted.
30th Jany. 1835.
[sideways on page]
These are [indecipherable] in Experience Colonel Arthur’s 2 letter on [indecipherable] [indecipherable]
to be carefully preserved here.
[Page 80]
- Female Convicts.Total Number remaining in December 1833 – 1864
Assigned
– 1492
Become free by Servitude during this Year
– 78
Convicted after becoming Free – Ditto
– None
- 1834 –
Total Number remaining 23rd December 1834 – 1915
Assigned
– 1461
Become free by Servitude during this Year
– 127
Convicted after becoming Free – Ditto
–1
Josiah Spode P.S. 23rd Decr 1834 –
[Page 81]
- Female Convicts –
Total remaining in December 1833 – 1864
Assigned
– 1492
Become free by servitude during this Year – 78
Convicted after becoming free
– none
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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- 1834 –
Total remaining December 1833
– 1864
Arrived per Edward Septr – 1834
– 151
Assigned
– 1461
Become free by Servitude during this Year – 127
Convicted after becoming free
– x none
--1915
Josiah Spode P.S. Decr 23rd 1834
x One was convicted this year, which was notified in an amended return delivered to His Excellency JS
[Page 82 – not transcribed]
[Page 83]
Summary of Offences and Statement of punishments in Van Diemen’s Land for the half year ending 31st
December 1834.
[Page 84]
Principal Supers Office
28th January 1835
Total number of Female Convicts that have arrived in the
Colony from the first formation to the 31st Decmber 1834 - - - - - - 2990
Total Number that have become Free by Servitude during
the above period
- - - - 833
127
706
J.Spode
I have not the least idea of the number resident in the Colony of those become free. JS
[Page 85]
4229
631
3598
Principal Supert Office
28th Jany-1835
Total Number of Male Convicts received from the first
formation of the colony to the 31st Decr 1834
- - - 20.532
Total Number of Male Convicts that have become free
by Servitude during the above period
- - - - - 4229.
Josiah Spode
P.S.
[Page 86]
Glasgow 23rd February 1835
James Hyde Esqr
Dear Sir,
I have to address you on a very painful business, but I am sure if you can assist me in the object I have in
view I shall not seek your aid in vain.
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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Mr McCrother, a young man about 20 years of age, absconded from his Employers some months ago
with about £1100 in money – he was apprehended, and nearly £900 of the amount returned. I offered to
pay the House the estimated deficiency if they would be no party to a criminal prosecution, and as the
offence was bailable I intended to grant a Bond for his release, and forfeit the amount that he might go
into voluntary exile, but his Employers determined on making an example as they had suffered in two
previous instances. His trial took place in Edinburgh – he pled guilty to the charge, and was sentenced to
14 years transportation beyond seas – I believe the period might have been fixed at seven years but the
young man as well as his friends were apprehensive that for the shorter
[Page 87]
period he might have been kept in this Country, in place of being sent to Australia, to which place he had
of his own accord taken his passage previous to his apprehension.
You will see from the accompanying copied Correspondence with the Right Hon.ble The Lord Justice
Clerk – The Secretary of State for the Home Department, and Lord Mackenzie, that I have been
endeavouring to get the Home Office to allow the young man to be kept separate from the other Convicts
on the passage to Australia. You will observe Mr Goulburn in his reply holds out no promise of such
being granted, but Mr Deans with whom you are acquainted, and who is now here, expects to be able to
affect some arrangement with Mr Capper of the Transport Office as to which, however, he will see you
after his arrival in Town.
I have now to ask the favour of your kind influence with your friend Colonel Arthur the Governor of Van
Dieman’s Land in behalf of my unfortunate Brother-in-Law, should his destination be to that Settlement,
or if to Sydney, I have no doubt that a request from your
[Page 88]
friend at the former to the Governor of the latter place would receive every attention – I indulge the
hope, that if the young man’s conduct during the passage and after his arrival be such as to merit
commendation, that such a distinction will be made as regards his comparative comfort as to encourage
him to act with propriety during the period of his exile, if not to entitle him to a shorter duration of his
sentence. I hope you will not think that I wish you to make any request in this case, that would be
inconsistent with serving the ends of justice. I shall naturally take an interest in the young man if he
continues to conduct himself in the same penitent way he has done since his apprehension, and it will be
a consolation to his widowed Mother – his Sister & Brothers to know that in the land of his banishment
there will be a surveillance over him for his future good.
Mr Dunlop the partner of Mr Deans will likely call on you in a day or two to acquaint you by what vessel
this young man is to go passenger, that you may write by the same conveyance. The [indecipherable]
with the convicts from Edinburgh
[Page 89]
is to sail from Leith tomorrow for London.Trusting that you will forgive all the trouble I thus give you.
I am, Dear Sir
Yours respectfully
William [indecipherable]
Signor Mantiezene
[Page 90]
[indecipherable]
11.5.35
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4 Every thing depends upon the judicious application of first punishment – in fact the young soldier’s
future conduct is most frequently determined by it – The minds and feelings of men are cast in different
moulds and the same modes of punishment applied indiscriminately to all (which has hitherto been too
much the case) is a fatal defect and has rendered many a good soldiers a worse man without making a
bad soldier a whit better one – generally speaking I should say that punishment does not make a soldier
return to his Duty with an improved disposition – and one reason of this is, that whilst under punishment
his mind is not improved but on the contrary debased by his being associated with the same characters.
5 If this punishment has been a discreet one the soldier returns to his duty ashamed and anxious to make
his comrades forget the disgrace –
[Page 91]
but if it has been an indiscreet one the soldier returns to his duty laughing at it and tries to induce others
to do so likewise.
6 Their habits have been altered in a direct proportion with the effects which the
punishments have had upon their minds – the health of the men has at times been affected by long
solitary confinement in bad prisons.
7 Solitary confinement of the most severe kind for a short period is very efficacious –
hard labour by day and solitary cells by night is also very efficacious – imprisonment and hard labor is
of little effect morally speaking because the men are generally congregated together whilst in Prison.
[side note]
Your close observation [indecipherable][indecipherable]
[Page 92] [Pencil side notes almost completely indecipherable]
8 [indecipherable] ----------because the effects of punishment upon a soldier must depend upon the
application of such punishment according to the nature of the man to be punished – and this should be
left to the discrimination of the Court – no body of men in their senses would I should suppose
administer the same kind of punishment to the active high spiritual clean soldiers, as to the dirty
grovelling one – and yet I have frequently seen such things – the fact is the duty of Court’s Martial is I
may say almost invariably very ill conducted. – I had ample opportunity whilst [indecipherable] Judge
Advocates of observing this – and it is from this total want of attention to the subject before a Court –
that I date the evils in this present inefficiency of
[Page 93]
Military Punishments – how to obviate this I know not but I have frequently thought that excepting in
cases of Life and Death two or at most three members (as is the case in
civil trials at Quarter Sessions) would be sufficient taken from the Senior Officers of [indecipherable]
and finish from such duty – mere boys without knowledge or experience and often without education
compose the majority of Regimental Court’s Martials.
Of imprisonment and hard labor eight months
Of hard labor and solitary imprisonment four months.
9 and 10
Of severe solitary imprisonment two months.
Yes to each Barrack should be attached a sufficient
11
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[Page 94]
numbers of solitary cells constructed of stones sufficiently airy and in which profound silence should be
enjoyed 12 Already answered in number 7.
13 Most certainly – first because by placing a retired Officer or sergeant as conductor of such Prisons
the military habits of the soldiers would not be lost sight of whilst under punishment which they are
under the present system - and secondly because the soldiers would not as at present associate with
felons and vagabonds [indecipherable]
who are always to be found in civil places of
confinement
14 [indecipherable] was adopted at Limerick by breaking stones/ heavy task work/ under the
[Page 95]
Captain of Engineers in the Barrack Yard and cells at night – the soldier was never released until he had
completed his quota of work.
Yes the establishment of a defaulter’s Room in which should live and
mess together and parade together the men under any sort of Punishment.
15
1st by making the meals of the soldiers better – by insisting on Beer
16
being provided at dinner – by also having a tea or supper x - at present the soldier has no meals from
one o’clock on the one day until eight o’clock of the following morning - he therefore spends his
evening in a Public House having nothing else to look to than roll home and go to Bed - in Ireland
soldiers
(in margin – x & sufficient fuel provided to keep up good fires in the Barrack Room in the Evenings
especially - )
[Page 96]
had a clear four pence to six pence a day and they could get drunk for two pence – and this they seldom
failed to do for they were put up very badly and every other place was more comfortable than their
Barrack room. Athletic Games such as Fives Cricket and Foot Ball should be encouraged and the means
afforded for their being played in every Barracks, it is to be observed that although too little duty is not
desirable yet too much duty has a bad moral effect upon the minds of soldiers, I mean in time of Peace –
for they thus look upon it as a punishment instead of an honour - this is very bad and was
[indecipherable] by the Duke of Wellington in 1813.
17 Yes but much would depend upon the quarters the Soldiers might be in – one being much
[Page 97]
more expensive than another. The crime of drunkenness is the one which should lead to loss of Pay –
and here I will observe upon the suicidal operation of issuing spirits to soldiers at a moment when the
General Commanding in Chief declares that drunkenness is the root of all Military Evil: - It is well
known that many young Soldiers will not drink their ration which they sell to their older comrades who
thus become intoxicated by the very drink served out by their Officers - or what is almost worse the
young Soldier is jeered into drinking the Poison and thus becomes in time a lover of that which he
probably never would have taken to, had he not been given drink by his superiors, who whilst they with
one hand instil the
[Page 98]
poison, with the other endeavour, although vainly, to eradicate it by Punishment.
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But so long as the British Army is recruited as it is now is from the dregs of society – and I fear it always
must be so in a great degree in consequence of the constitution of the Country – so long is it probable
that drunkenness and its concomitant evils will exist.
The stations for Recruiting are in large towns - and the class enlisted are for the most part those out of
work or who for some other private reason wish to fly their homes.
A great fault is in the selection of the Officers on the Recruiting
(in margin – London Edinburgh Dublin L’pool Bristol Glasgow Limerick Manchester Birmingham
Leeds York)
[Page 99]
Staff who are generally old and inefficient and only looking upon their situations as a sinecure – whilst
the Subaltern Officers are ordinarily those who wish to keep from joining their Regiments on Foreign
Service and who are in no wise interested in the duties of their situation beyond making it one of
emolument. So also may be said of the men employed upon this duty, they are required to be at all Fairs
and Public Houses and the first lesson they teach the Recruit is to spend his money in carousing and
debauchery.
[indecipherable] 11. May 35
[Page 100]
[indecipherable]
respecting Punishments
11 May 35
[Page 101 – Document not transcribed]
[Page 102]
Convicts
Police Office
Hobart Town
General Statement and Summary of Offences and
punishments in the Territory of Van Dieman’s Land
for the Half Year ending 31st December 1835
[Page 103]
Convicts
Hobart 7 April 1836
Private
My Dear Sir
The interest I feel upon the subject of Prison Discipline – and the conviction of its imperfections in this
Colony owing to the inadequacy of the means of rendering the [indecipherable] degrees of punishment
effective – is the best excuse I can offer for requesting Your Excellency’s attention to the written
His Excellency
The Lieut. Governor
[Page 104]
written contract, which I have obtained from the Westminster Review.
A practical man cannot I think doubt the value of the suggestions made:Classification for Prisoners so little attended to in some places of confinement, is one main object - the
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other great one is – not being able to adapt the punishment to the delinquent, which may from a
knowledge of his nature be most likely to work
good. – for it is too much the
[Page 105]
custom, and which necessity enforces – to administering the same species of punishment, to all offenders
whatever their natural feelings or habits may be.I trust you will excuse my thus troubling you – and believe me
My dear Sirs,
I am faithfully obliged
[indecipherable]
[Page 106]
Chief Police Magistrate
Police Return to March, 1836.Digest of the Coll. Enactments,
Precis of Mr Crawford’s Report of Sundry Punishment.
[Page 107-108 not transcribed]
[Page 109]
Return of The Police Establishment in Van Diemen’s Land for the Quarter ending 31st March, 1836.
[Page 110]
Summary of Mr Crawford’s Report on the Penitentiaries of The United States, and of the points to be
kept in view to make punishment more effectual.
1st To diminish as much as is possible the number of persons committed for Safe Custody only and with
this view to extend the practice of taking Bail as widely as it consistent with the public interests.
2nd That there should be a more frequent delivery of the County Gaols than twice in the year.
3rd That provision be made in every Gaol and House of Correction for the Solitary Confinement of
certain Classes.
[Page 111]
4th That every prisoner should have a Sleeping Cell.5th When the preferable system of solitary Confinement is not adopted. Silence should be rigidly
maintained by day as well as by night.
6th That in the Confinement of prisoners in association the Convict when employed should be prohibited
at all times from holding any intercourse with another prisoner.
7th That for the maintenance of solitary Confinement for lengthened periods as well as of Silence it is
necessary that prisoners subjected to either plan of Prison Discipline should be habitually employed.[Page 112]
8th That Provision be made for establishing a more efficient system than at present prevails of
communicating religious Instruction.
9th That the mere classification of Prisoners fails to prevent corrupt intercourse.
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10th That the rigour of Imprisonment should be equal certain and unremitted.11th That there should be an uniformity in the discipline of Prisons throughout the Kingdom.
[Page 113]
12th That the sentence of the Law should not be abridged in consequence of good conduct during
Imprisonment.
13th That certain Gaols under Corporate Jurisdictions be abolished.
14th That increased attention be paid to the Character and ability of the subordinate Officers of Prisons.
[Page 114]
Classification of Boys
1st Boys Committed for Trial.
2nd Boys sentenced to terms of Imprisonment.
3rd Boys Committed for Vagrancy.
4th Boys sentenced to be Transported.
[Pages 115-122 Duplicated]
[Page 123]
7.6.36
Copy
Sir,
In availing myself of your remission to submit to your private communication some means of improving
the arrangements relative to the Crown Prisoners in the employ of Govmt., I can only, I fear, repeat what
you are already familiar with – I shall endeavour therefore to occupy your attention as shortly as
possible. =
The subject divides itself into five heads – Classification, Food, Clothing, Lodging, Labour.
Classification is easily practicable here. But in order to it, the Superintendent of the Prisoners Barrack
must be a really efficient officer, - that situation must be filled by a person, who will devote his whole
personal attention to it. He must not leave to Prison Clerks, or Prison Wardsmen to perform the most
important part of his duties – they must be done by himself in person. It is not enough that he is present
at the Evening Roll Calls and occasionally in the morning – he must always be at his Post. Frequently, at
uncertain times visiting every room, particularly attending to that essential part of his duty. (which being
performed in the Army by a Captain surely a Superintendent of a Convict Barrack has no reason to
avoid). The visiting frequently in every week, every day if possible, the Dinner of the Men, seeing that
the food is good of its kind, sufficient in its quantity, & cooked, delivered & divided as well as
circumstances will admit of - His first duty will be to classify the men. This will require much care –
The Principle should be to look to the nature of the Offence for which each man is transported, and to his
habits & conduct before & since his conviction. Thus placing together those who have seen better days
who have been accustomed to those habits of vice by which the lower order of Prisoners are unhappily
distinguished, progressively descending in the scale of behaviour, so as that those who can be kept in
subjection, only by the strictest security, may, by being
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being separated from the well disposed, be prevented from infecting them of their bad example – Every
man as he comes in, to be carefully examined & placed in that class to which he may be found properly
to belong. There will be little or no difficulty in doing this, if properly & zealously set about, and
assiduously attended to – There are Wards sufficient in the Penitentiary to carry this Classification into
effect, if not so fully as could be wished, at all events so as may materially to improve the present most
injudicious system of promiscuous intermixture. I will not press this subject further upon your
consideration. It is no doubt perfectly familiar to you. But I am convinced that if the Superintendent of
the Barracks went zealously & unintermittingly to work, that the greatest improvement would be
effected.
Food - Upon this head very great attention should be paid by the Superintendent to the receipt of the
meat & Bread in the first instance. It would be extremely desirable if the whole animal food was
delivered or carcases entire; so as that no unfair practice could prevail anywhere, either as to weight, or
as to furnishing a greater proportion of inferior, than prime pieces. The quality being of course a most
important consideration, it should be unhesitatingly rejected upon the Contractor, whenever there should
appear the least ground for so doing - Unless the Superintendent attended to this personally, if not
constantly, at least so often as to render his presence to be apprehended, it is impossible to expect that the
abuses will be prevented. The Cooking should be performed under the superintendence of delegates
from the Prisoners, who should be permitted to have access to the Kitchen for that purpose only. The
Cooks to be strictly prohibited from having any perquisites whatever. The fat (and there would be but
little left, if the provision was so cooked as that the Men had the benefit, as they ought, of the whole of
it) being a part of the Mens ration, should be disposed of for their advantage, and the produce
appropriated in the purchase of little comforts Tea, Sugar etc. for such occasional invalids as may not be
sufficiently such to require the Hospital. In the original Classification, the subdivisions would be into
messes - these
[Page 125]
these messes then should never be more than twelve Men – To each mess there should be a Man
appointed, selected from the old and infirm who are unfit to go out to labour. In his charge there should
be placed for each Man, a Knife, Fork, Wooden Spoon & Trencher. In each Ward there should be a long
table with Benches upon which it should be the duty of the Mess Wardsman to place the above utensils
for each Man of their respective messes - to collect them as soon as the Dinners are over – to count them
& be responsible for their forthcoming, or to point out any defaulters; upon whom solitary confinement
upon Bread & Water, should be the punishment of the first offence of injuring or making away with any
of the mess Articles - For a second offence the Tread Mill – But if the Superintendent did his duty, if his
whole time was, as it ought to be, devoted to his office, if he was present at his post only as many hours
in each day as is either His Excellency or yourself at yours, all would soon go on with ease regularity.
The gang who are employed at such a distance from the Barrack, as that it is more convenient to send
their food out to them, than to march them back to it, could be attended to, exactly in the same manner –
There are abundance of old & infirm men, or man to whom it would be an indulgence, & by them so
considered to employ as mess Wardsmen. They would have of course to keep the mess utensils clean&
in good order, and to report all defaulters, the unavoidable accidents of “wear & tear” & to receive the
necessary substitutions in such cases.
Clothing - The greatest attention should be paid to the Clothing – In no case should men be seen in rags
or half-naked nor without Shoes or Shirts – At Sydney in General Macquarie’s Time, there was very
useful employees whose duty it was, under the Superintendent, to see to the Clothing. (The Overseer of
each Gang was responsible for common care & attention on the part of the Men) and who reported all
irregularities to the Clothing Wardsman – To see that every Man had a clean & whole
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whole shirt on, twice a week, that the washermen who were again a Gang employed in the Barrack
expressly for that duty, washed the Shirts well, & carefully; to give out the clean & receive the dirty
shirts – so also as to the Shoes – there was a Gang Shoemaker employed in the Barrack, by whom the
Shoes are kept constantly in repair – It would occupy too much of your valuable time to go into details, but should my suggestions appear worthy your further attention I shall feel highly gratified by receiving
an intimation to that effect. –
Lodging - This a most important head – It is highly necessary that if a proper amount of labour is to be
performed, that the men should have every means of procuring repose consistent with their situation.
There is no doubt but that the best possible bed for these men is a Hammock, a Blanket & Rug in
Summer & an additional Blanket in Winter. There would be no difficulty in so fitting up the Sleeping
Wards as that Hammocks might be slung on for each Man. The horrible atrocities consequent upon
shutting up large numbers of Men in a room, who sleep in Berths, (as they are called) or on the floor, all,
as it were, in one bed, cannot be described now by a British Gentleman, such as yourself, perhaps
imagined – but that they do exist is unhappily too certain - The Hammock system & the subdivision of
Wards, so as that they should not contain too many men is the best prevention for this. By it also
cleanliness is better preserved & vermin less produced – Here also a proper number of Bed Wardsmen
should have the charge of the Hammocks; To whom (assisted by the Mess Wardsmen) each man should
deliver his bedding & by whom it should be exposed to the Sun and air, every day, in the Barrack Yard,
during the morning absence of the Men at labour - It frequently happens that the Men return wet through
in bad weather - In all such cases, as they have but one suit of Clothing, fires should be provided in
some appropriate place, so as that they might go to bed dry, & when they rise to labour in the morning
not to have to put on wet clothes, the evil effect of which is too evident to require notice – It
[Page 127]
It may be objected that the number of Men thus employed as Wardsmen would abstract too many from
labour. This objection should not obtain for a moment – nor would it in fact exist – Because to say
nothing of the infinite satisfaction, which I am well convinced both His Excellency & yourself would
desire from knowing, that you had bestowed comparative happiness upon a numerous body of human
creatures – there would be such an increase in the actual amount of labour performed as would
abundantly compensate for the extra employment of dozen or two of old infirm and unused-to-labour
prisoners, who could not be in any way so well employed as in the duties above described.
Labour. If the Men are subjected to a system such as the preceding is intended to develope, the labour
which they could & would perform, would be treble at least to what it is at present - If Men are
sufficiently fed, and with decency & decorum, if these personal comforts as to clothing & lodging are
moderately attended to, if they find they neither have, nor can have, any thing to complain of, they not
only will perform infinitely more labour than at present is ever extracted from them, but they will also do
so with cheerfulness & gratitude & punishments will proportionately disappear. I am aware that the
material of which these men are compared generally, are indeed bad enough; But they are rendered
much worse by the want of system – If Men, be they ever so abandoned be treated in a manner
approximating, indeed much worse than is bestowed upon the Brute creation, the demoralization
consequent thereon, must tend, infinitely to exceed any, be it what it may, which before existed – I can
assure you from my own knowledge that the kind-hearted [indecipherable] of Mr OConnor to the Men
under his immediate eye, which although from his delicacy (probably a false one) in not interfering with
other departments, could only be available, as far as the intention exhibited it, yet thereby many men
have been prevented from committing Crimes, which otherwise their sense of the impossibility of
deteriorating their conditions would have hurried them into - The treatment of the Men by the Overseers
should be watched by the most jealous attention – An intermediate
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office is much wanted between the Overseers & the Superintendent. To adapt military cavalry
Phraseology a sort of Troop Sergt. Major, who should have the whole of the non Commissioned Officers
( the overseers) of a certain division of men under his authority. All complaints of the overseers against
the men should be made to this individual, by him examined in the first instance, if accepted by him
reported to the Superintendent – no man should be punished on the complaint of an overseer until it was
borne out by evidence if not direct, at least collateral. I could bring under your notice numerous proven
instances of good men who have absconded, and from crime to crime, ended a wretched life upon the
scaffold owing originally to the persecution of the overseer & the general feeling which prevailed
that accusation by such, and punishment, were ignominious. It wd. be a matter measure of Policy to get
rid of that impression among the men, and nothing can so effectively do so, as the establishment of the
Superintend referred to, & possible order from His Excellency that the Magistrate should devote the
most scrupulous care & attention in the investigation of all charges made by the Overseers against
the men. You may rest assured that there are Overseers who obtain large sums by holding out (in terror)
threats of causing men under them to be punished, who they believe have either money, or friends from
whom they can obtain it, and who if that resource fails, have absolutely committed Robberies to meet
these abominable exactions. No clerk in the Barrack should have it in his power to confer favours, to
add to, or alleviate punishment , or better the condition of any man. If the Superintd. does his duty, as it
ought to be done, such would be impossible. But if the favour of the clerk should become the pass to
higher favour, the very worst consequence must ensure. Of such importance do I consider the necessity
of establishing a decided conviction amongst the men, that they are secured from oppression in all cases
from their overseers (and I have much experience at Sydney during the five years I held the office of
Supt. of Police, & believe I am of the few to whom the Commissr. of Enquiry in his
[Page 129]
Printed Report speaks without censure) that whenever a decided prejudice was known to exist for any
length of time against such, his removal elsewhere, where he was unknown, should follow. There are
some individuals now employed as to whom a great terror prevails amongst the men. I could name one
in particular to your private ear, against whom so strong is the prejudice that the men employed under
him are considered by others to be the very worst situated in the whole Colony.
I have now brought under your notice the heads of the difficult subjects upon which I[indecipherable] to
think improvement might be effected. In the wish to avail myself of your permission to do so, I have
written hastily & undigestedly. I trust to receive your forgiveness for whatever may not obtain your
sanction, & I shall be most happy to enter into further details & explanations, should you consider that
any such can be useful. I hope I need not add that this communication being intended for your private
consideration, the knowledge of the favour conferred on me by being permitted to make it, is preserved
entirely to myself.
I have the honour to subscribe myself
Sir
Your most respectfl. Servt.
R.L. Murray
Dynagrove
June 7th, 1830
to J. Burnett Esq.
Col. Secy. etc. etc. etc.
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Mr. Murray’s letter
to Mr. Burnett
7 June 30
[Page131]
Mr. Murray having called & personally represented to me what he considered the [indecipherable]
arising from the present system of Lodging, Feeding, & Clothing the Convicts in the Penitentiary, &
being myself perfectly aware that there still exists room for improvement, & knowing that it was much
easier to point out what is defective than to apply a remedy for it. I requested him to send me in writing
any suggestions which might occur to him for that purpose – This letter is the result & there are some
parts of it wh. appear to me to be deserving of His Excellence’s serious consideration.
JB 9 June 30
I am extremely concerned to pursue this letter on no account whatever wold. I wish to write first on
suggestions, much less the Reflections of such a person as the writer upon any Branch of the Govt. –
especially in a communication of this kind to wm. he has given the air of privacy.
I [indecipherable] with every [indecipherable]to do him justice to any application from Mr. Murray, but I
shall not be averse to taking suggestions from him, & [indecipherable] the correspondence may drop –
14 June 30.
[indecipherable]
[Page 132[
“Elphinstone”. Monday the 20th June 1836
Sir,
I have the honour to receive your letter of the 17th instant, in which I am
requested to state, for the information of His Excellency the Lieutenant Governor, the view I entertain of
the conduct and character, manifested during the voyage from England, of seventeen of the Prisoners
debarked from the “Elphinstone” with a prospect of adoption of certain measures in reference to them, as
being subjected by the Secretary of State, to hard labour in the Public Works.
Probably in no way can I meet the views of His Excellency more
satisfactorily than by furnishing you, in the first place, with a copy of the behaviour of the men in
question
To, John Montagu Esqre.
etc etc etc
Colonial Secretary
Colonial Secretarys Office
Hobart Town
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question, written previously to my acquaintance with the punishment awaiting them, and by dividing
them into classes, and subjoining my remarks in each class.
The following is a copy of my previous Report
Name
Reported Behaviour on Board
William Wards
Uniformly unexceptional – useful as Captain of Deck
Alexander Richards
The same – useful as 2nd Captain
John Smith
The same – useful as Captn. of Deck
Isaac Chaffer
Conduct always superior; diligent behaviour – useful as captain of Main
wards
David Robson
Uniformly unexceptional and satisfactory – very useful as Teacher
William Blackmore
Uniformly good and highly satisfactory – a diligent scholar
Patrick Nugent
The same
David Williams
Uniformly good; useful as a teacher
William Broadly
Uniformly good : quite exemplary – successful scholar
William Smith
Uniformly superior; very useful as a Teacher
James Crawley
Conduct always good – very useful in Watching the sick; somewhat warm
in temper
William Hudgell
Extremely ignorant; obstinate and abusive in his language said to have
latterly somewhat improved
[Page 134]
Name
Reported Behaviour on board
William Atkins
Conduct always good; attentive at School
James Mc Mahon
Conduct always good; diligent scholar
Richard Williams
Conduct very good; successful scholar
Peter Ross
Conduct very good ; exceedingly useful in hospital as an attendant to the
sick
Samuel Jones
conduct uniformly good ; useful as a cook; diligent scholar
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Shall now divide the men into the following classes:First Class
Name
Remarks
William Ward
John Smith
Isaac Chaffer
David Robson
William Blackmore
Patrick Nugent
David Williams
William Bradley
William Smith
Fourteen of these unhappy prisoners, it will be observed, are embraced in
first class of the behaviour of the whole of them as far as my observation
and that of my Petty Officers went, it is not easy to speak too highly and I
fear offering my remarks on any of them individually lest any injurious
reflections should by implication be
[Page 135]
Name
William Atkins
James McMahon
Richard Williams
Peter Ross
Samuel Jones
Name
Alexander Richards
James Crawley
Remarks
thrown upon the rest.
Of the reformation in heart of any of them, in the Scriptural sense of the
expression, I cannot speak with confidence.
But regarding them as men of the World; and as men whose minds are
more or less under the influence of Divine Truth, their conduct, I must
consider, as having been of a superior character.
Second Class
Remarks
Alexander Richards, up to the period at which my former Report of his
conduct was written, appeared to deserve all I said concerning him
[Page 136]
him. But it has been communicated to me since, that during my illness
towards the termination of the voyage, there appeared a visible falling off
as it respects the conscientious discharge of his duty. Still his behaviour
has been equal, if not superior, to that of the generality of men, I mean free
men, in his class of society, whose minds are not influenced by the
Scriptural fear of God.
James Crawley is chargeable with one unbecoming Manifestation of
temper, and tendency to retaliation on his being falsely accused by the
Boatswain of the Ship. - In all other respects his conduct was highly
satisfactory:
Third Class
Name
William Hudgell
Remarks
This man I could make nothing
[Page 137]
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nothing of his character as already reported, is chiefly drawn
from the statements of my Petty Officers, which statements I believe to
be correct. His ignorance, apparent regardlessness of useful knowledge,
and almost total want of success at school, have come under my own
observation.
In closing this report, I must beg leave to express my ardent hope that
His Excellency the Lieutenant Governor, will feel himself warranted
speedily to extend to these seventeen men, all the privileges of the other
well conducted Prisoners: and that he will be enabled to make successful
exertions with the Government at home to direct that the present mode of
pursuing Convicts for Crimes committed in England, with
[Page 138]
with punishments superadded to the Severe Infliction of
Transportation, may be discontinued, that all Prisoners on arriving on
these shores, may, in future, be encouraged to commence a new and
happy course of Life, and thus become not only safe, but useful
members of the Community.
I have the honour to be
etc etc etc
(signed) John Arnott Browning M.D.
Late Surgeon Superintendent
Elphinstone Convict Ship
[Page 139]
Copy
No. 95
[indecipherable]
Government House
23 Septr. 1836
My Lord
I I have the honor to transmit for your Lordships perusal, the Report of a Board of Medical
Officers who were instructed to examine into and report upon the amount of Sickness
in the Lord Lynedoch Convict Ship as compared with former reports; - its causes, and the means best
adapted for future Prevention especially with reference to the propriety of transports
Right Honble.
Lord Glenelg
[Page 140]
Transports touching at any Port on their outward voyage.
The Lord Lyndoch arrived on the 20th August last. It was stated that there had been during the voyage,
not less than seven deaths, - that several of the Convicts were labouring under Scurvy, such that the
Sickness had been considerable.
On the fourth day after her arrival the Surgeon Supt. represented (as your Lordship will perceive from
the accompanying letter addressed to the Colonial Secretary) that within the first fortnight after sailing
three of the Prisoners died and
[Page 141]
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and several more were very sickly, arising principally from a few of those who were sent from the
“Fortitude Hulk at Chatham being in a bad state of health when they embarked and that another
circumstance effecting the health of the Prisoners towards the Latter and of the Passage has been the
want of warm clothing – the clothes with which they were supplied on leaving England being of a very
inferior quality, and nearly warn out by the time they had passed the Cape of Good Hope” – So much
“So much” Mr Lawrence
[Page 142]
Lawrence observed “did the weakly and the old and infirm Prisoners feel the cold that nothing but
absolute force could make them go on Deck”
Under these circumstances Your Lordship will concur with me in the opinion that enquiry was necessary
– I trust the result of the investigation of the Board will be satisfactory to your Lordship and I beg
particularly to recommend to your attention the very lucid statements contained in the letter of Dr
Browning, Late
[Page 143]
Late Surgeon Supt. of the “Elphinstone” which is annexed to the proceedings of the Board.
The Board Your Lordship will perceive appear to be of opinion that there was no extraordinary sickness
on board the Lyndoch and they observe that any Sickness that occurred on board was principally during
the prevalence of cold and damp weather at the commencement and towards the termination of the
voyage.
It is however rather extraordinary that the total number upon the Surgeons Sick List (amongst
[Page 144]
(amongst the Prisoners) was not less than one hundred and thirty eight far exceeding that in any of the
numerous reports (with the exception of two) particularized in the Admiralty Return No. 3 of the 7th.
October 1835 accompanying Sir William Burnetts letter of the same date which was transmitted to me as
an enclosure in Your Lordships Despatch of the 30th Nov. 1835 No. 89 –
The two reports in which there appears from the Return to have been a still greater amount of sickness
were
[Page 145]
the “William Metcalfe” and “Aurora”, in wh. the number of sick were 142 and 175 respectively and it is
worthy of remark (with reference to the intention that Transports shall henceforth sail in Summer only)
that these vessels sailed from England and arrived in this Colony at apparently very desirable periods
whereas the “Moffatt” which left England in November, the commencement of winter and arrived in
Van Diemans Land in May also the commencement of winter in this Hemisphere appears
[Page 146]
appears notwithstanding her voyage was protracted to six months, and the large numbers of convicts 431
on board to have had a sick list of 16 only I mention this not with a view of casting any doubt upon the propriety of fixing the period for the sailing
of vessels so as to ensure as far as can be the most favourable weather but to suggest to Your Lordship
the possible expediting of further enquiry into the causes of unexpected and dissimilar an apparent result
[Page 147]
result.
This remarkable also on the other hand that notwithstanding the vast disproportion between the Sick list
of the Moffatt and that of the Lyndoch the absolute number of deaths in each were very nearly the same
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there were sixteen cases of sickness and six deaths on board the Moffatt and 135 cases of sickness and
seven deaths in the Lyndoch in the first presenting a proportion of about one death to three cases of
sickness, and in the latter
[Page 148]
latter about 1 death to 19 cases of sickness – The totals of the columns in Sir William Burnetts return
shewing the extent of sickness and of mortality give the proportion of 313 to 47 or about 6 to 1 - It
would be interesting and probably of great practical importance to trace the causes of the excess of cases
of sickness not fatal in the Lyndoch although
my own impression is that the diversity will be
found rather to have arisen from the different modes adopted
[Page 149]
adopted by different Surgeons in making their returns, - or perhaps in some instances from one Surgeon
thinking a case too unimportant to record which another would carefully minute! –
That the extreme discrepancy here noticed has existed rather in appearances than in reality may however
be further inferred from the circumstance that in the Returns the Arab & the Surrey are shown to have
had only 7 and 22 cases of sickness respectively although
[Page 150]
although in the letter from Dr Browning the admission will be found that these vessels which were under
his own charge were less healthy than the Lyndoch! –
I submit to your Lordship that a uniform system of reporting from which deductions that can be relied on
may be drawn seems to me most important in furtherance of this branch of the penal system. –
With regard to the measures to be adopted for the diminution of sickness
[Page 151]
I would only add that the question is one to which amongst others connected with the grand national
object of transportation I have devoted a great deal of attention. –
With a view to the acquiring of information I have examined the whole of the prisoners
on the
arrival of each vessel, with one single exception for the long period of between 12 and 13 years and I am
decidedly of the opinion in accordance with that of the Colonial
[Page 152]
Colonial Surgeon that a Transport touching at any port is highly objectionable and I may state in proof of
its inutility that I have remarked that prisoners on board vessels that have put in at intermediate ports
have not appeared to derive any advantages from it.
The immediate relief is I presume counterbalanced as is argued by Dr Scott by the prolongation of the
voyage and the intended effects will it appears to me be obtained at much less expense by
[Page 153]
the avoidance of overcrowding – by increased attention to diet – by providing substitute Articles so as to
admit of changes of diet and by warm Clothing – Such appears to me to be the best means of preserving
prisoners in a state of health during the voyage to this Colony. It is also evident that persons already
labouring under disease should never be subjected to the hardships of a voyage – It only remains for me
to add that the Surgeon Superintendent, Mr Lawrence appears
[Page 154]
appears to have exerted himself very meritoriously for the welfare of the prisoners under his charge and
that it appears to be of very great importance to the health of convicts during the voyage that their minds
should be beneficially exercised in the acquisition of religious knowledge – a course of instruction while
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it tends to remove despondency and therefore the prisoners health, seems to be peculiarly
[Page 155]
peculiarly well timed in the cases of individuals exiled by their crimes from their entire country and
about to become constituent parts of a new Society.
I have the honour to be [indecipherable] Geor [indecipherable]
[Page 156]
Copy of Despatch
No. 95
Van Diemens Land
23rd September 1836
Lieutt Govr. Arthur
1 enclosure
Transmitting the report of the Medical Boards directed to enquire into the sickness amongst the convicts
on board the Lord Lyndoch during their passage to the Colony.
[Page 157]
Memm - from Major of Brigade
n.d.
The Prisoners that escaped from the Chain Gang were not at the time under the charge of the guard.- The
Corporal (as is usual) marched the Sick Men to the Penitentiary, and gave them over to Mr Gunn –
On this occasion the Corpl took three and he heard afterwards that two of them had escaped. – R.I. –
[Page 158]
Major of Brigade
At the time the Prisoners escaped from the Chain Gang they were not under the charge of the Guard.
Convicts
[upside down] Charles Arthur Esq-r
[indecipherable]
Major of Brigade
[Page 159]
n.d.
A List of Persons sentenced to be transported, and recommended by John Pearse Esq.. M.P. because their
families resided in his neighbourhood tried at,
No.
Name
Age
1
2
3
4
5
6
Salisbury
David Gee
Worthy Gee
Jeremiah [indecipherable]
Joseph Watts
Thomas Laurence
John Thorne
7
From Ramsbury tried
at Salisbury
Joseph Liddiara
18
20
16
25
18
23
23
Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)
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8
9
10
11
12
13
14
15
- Alexander
Mathias Alexander
- Pounds
William Taylor
David Heath
Edward Looker
- Viv [indecipherable]
John Vankins
16
17
18
19
20
21
22
23
24
25
26
Reading
John Aldridge
Charles Green
Israel Pullen
John Field
Jeremiah Dobson
William Chitter
Thomas Brind
George Rosier
Charles Rosier
Joseph Tuck
David Yarlott
21
19
18
45
26
18
24
21
39
24
47
25
22
21
37
34
25
27
27
P.T.O.
[Page 160]
A List of Persons sentenced to be transported, and recommended by Joseph Cripps Esq.r MP. because
their families resided in his neighbourhood tried at the
No.
Name
Gloucester Epiphany
General Quarter Sessions
27
28
29
30
31
32
33
34
35
37
38
39
40
41
42
43
44
45
46
47
48
49
50
John Stancombe
Thomas Bishop
Samuel Seal
James Silk
Joseph Edgington
Worthy Mana
Robert Ball
John Poole
Edward Mustre
William Jeffries
John Hunt
William Witchell
Thomas Smith
Richard Benwell
Henry Eldrige
William Spender
James Edgeworth
Christopher Porting
John Mitchell
Robert Cowley
Thomas Weaving
Benjamin Timbril
Elizabeth Parker
Age
22
28
32
30
42
22
22
28
29
20
20
40
28
21
22
21
28
43
25
24
30
25
23
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[Page 161]
2 Sep.-Oct- 1836
Van Diemen’s Land
Case of Greenwood (a convict) 1834-6
[Page 162]
Papers in Mr Mason’s case
[Page 163]
1834?
re Greenwood case at Hobart Town
Col Arthurs land
Incident illustrative of Col Arthurs Government.The case of Joseph Greenwood.
Joseph Greenwood as Convict in the Gov.t gangs at Hobart Town absconded and committed a theft at
the last New Town races. Upon his being recognized, he made off from the course & on the constabulary
trying to apprehend him, he wounded one of their number. – For the act of absconding he was taken
before Mr Mason, JP formerly a shopman in London a nominee of Col. Arthur, a man singularly unfitted
by nature & education for the Magistracy & sentenced by him to receive 100 lashes
[Page 164]
lashes – The Magistrate told him at the same time that he was committed to take his trial for wounding
the Peace Officer, adding “that he wod be hanged.”
The sentence was inflicted, & the man was taken from the triangles to the Criminal Court, tried for
maiming the Constable found guilty by a Commission of 7 [indecipherable] officers & was sentenced to
death. –
Greenwoods back not being recovered from the scourging, he was reprieved by the govr for a short
period to allow it to heal – He was then led out to execution, but whatever was the cause it excited a
degree of horror among the spectators to observe that it was
[Page 165]
still unhealed. –
As all punishment, on Christian principles is intended to warn and deter the punishment of this man
twice for the same offence, seems to be gratuitous & then comes the question what is gratuitous
punishment.
We leave Mr Justice Mason who ordered the flogging & Col Arthur who ordered the execution to reply.
G S Hall [indecipherable] [indecipherable] Sydney
[Page 166]
Copy of placard
Greenwood
[Page 167]
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Papers relating to the case of Greenwood.[Page 168]
7th June
6 p.m.
My dear Sir
I think it right to send you the within – in order that Colonel Arthur may know what is doing –
Copies of the within villainous libel are such to hand Lord Glenelg. I suppose as Mr Bryan’s Patron – to
Mr [indecipherable] of Col. Office. [indecipherable] Brebach & Mr W. Bryan.
Yrs. very truly,
A Turnball, Esq. [indecipherable]
[Page 169]
Copy
No.90
Memorandum
10th April 1834 – The case of the man Greenwood, who on the New Town race course committed a
capital offence, for which sentence of death has since been passed upon him, was yesterday considered
in the Executive Council.- It appears that previous to committing this offence Greenwood had
absconded, and that after his capture, he was tried for this summarily, and received 100 lashes previous
to any investigation being made as to the crime for which he afterwards stood his trial –
The Colonial Secretary
&c
&c
&c
[Page 170]
his trial, in the Supreme Court.
Inform the Magistrates who presided on the occasion, that while it is my anxious wish to support them in
their legal authority, and while I give them every credit for having acted with the intention of putting
down by decisive measures, the absconding which have of late been so frequent, and while it is my wish
to interfere as little as possible, in matters purely judicial, I think it right to observe that I have heard with
regret of the summary proceedings in Greenwood’s Case, and that I trust
[Page 171]
trust there will not again be brought under my notice a repetition of a course, which, however legal, is
liable to the imputation of perhaps unnecessary severity. –
Such an observation would not, however, have applied, had Greenwood been acquitted of the capital
charge, and afterwards been punished for the minor offence of absconding.
(signed) G. H.
a True copy
John Montagu
12th September 1836
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[Page 172]
Copy
Colonial Secretary’s Office
15th April 1834
Gentlemen
With reference to the case of Joseph Greenwood, recently convicted before the Supreme Court of a
Capital Offence committed on the Race Course at New Town, for which sentence of Death has been
passed upon him, I am directed by the Lieutenant Governor to inform you that it having appeared on the
consideration of the Judges Report in the Executive Council, that this man had been previously
summarily tried and punished by you with
Josiah Spoke Esq. J.P. &
Thomas Mason Esq. J.P
[Page 173]
with 100 lashes for the minor offence of absconding, without any investigation of the Capital Offence for
which he was afterwards tried in the Supreme Court, His Excellency, although extremely desirous to
support you in the exercise of your legal Authority, and giving you every credit for having acted in this
instance with the desire of suppressing by decisive measures, the crime of absconding which has of late
been so frequent, and being upon all occasions anxious to interfere as little as possible in matters purely
of a judicial nature, nevertheless His Excellency cannot forbear to observe that he
[Page 174]
he has heard of your summary proceedings with much regret, in this case, and trusts that a course which,
however legal, is liable to the imputation of unnecessary severity will not again be resorted to.
I am directed however to add that had Greenwood been in the first instance tried and acquitted of the
Capital offence the same objection against his punishment for the minor offence would not have existed.
I have etc
J Burnett
a true copy
John Montagu
12th September 1835.
[Page 175]
Copy
Davey Street
6th July 1835
Sir,
I have to acknowledge the receipt of your communication made to me by desire of the Lieutenant
Governor, drawing my attention to certain very exaggerated representations which have appeared in
some English Newspapers, respecting the case of Joseph Greenwood, and desiring me to prepare a full
report of that case for the information of His Majesty’s Government.
2. It appears that Joseph Greenwood
The Colonial Secretary
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[Page 176]
Greenwood was a runaway convict from a Chain Gang; and that he was recognised, and finally
apprehended, by a Constable named Thomas Terry, on the 17th March, 1834. In the attempt to apprehend
the Prisoner this Constable was assaulted by Greenwood in the most ferocious and desperate manner. In
fact a more brutal attack I scarcely remember to have heard of. It was also as wanton, and as useless to
the Prisoner, if escape could have been his object as it was premeditated. There were other Constables at
hand, besides three or four individuals on horseback, by some
[Page 177]
some of whom the prisoner must have known that he would inevitably have been taken. But his motive
seemed to have been revenge on Terry, for having been the first to pursue him.
3. It appears that the offence of absconding had about this time very much increased, and that the
absentees thus at large had, in frequent instances, ended their career by the commission of some felony,
for the express purpose of being tried for that crime only, hoping thereby the avoid punishment for their
previous offence - of
[Page 178]
of absconding, altogether.
4. On the 18th March, Greenwood was brought up before Mr Mason and Mr Spode at the Police Office,
and tried for the offence of absconding; and was, for that Offence, sentenced by those Magistrates to
receive a punishment of 100 lashes. This sentence was carried into effect; and I believe immediately.
5. It has been sworn by two persons, Clerks in a Banking house, and whose character for veracity there is
no reason to impeach, that, immediately after the announcement of this
[Page 179]
this sentence to Greenwood, one of the Magistrates said that the Prisoner should then be handed over to
the Chief Police Magistrate, on the capital charge of stabbing, and that he (the Magistrate) had no doubt
the Prisoner would be hanged. The Magistrate, however, to whom that observation is attributed, has no
recollection of having made it, and the other Magistrate, Mr Spode, who is expressly stated to have been
present at the time, has sworn that he is convinced no words to that effect were used. He says that he is
sure
[Page 180]
sure they were at all events not used, immediately after the sentence; and he states that he heard none
such, at any time. One thing is, at least, beyond dispute; at the same time of the passing of that sentence,
there was no other charge against Greenwood preferred.
No information as to the assault on Terry, was made until the next day.
6. The fact is that Mr Mason, the Brother Magistrate of Mr Spode on this occasion, happens to be
personally obnoxious to the lower classes in this Town, and he was peculiarly so, to the
[Page 181]
the conductors of those two newspapers here, from which the statements in the London papers have been
copied. By these degraded persons, that Gentleman has ever since been in this Colony, exposed to abuse
and insult, whilst his Colleague Mr Spode, whose character for humanity and integrity is acknowledged
even by them has been completely lost sight of in the transaction.
7. I confess that this strikes me as being remarkable. I am not called upon to offer an opinion, as to the
expediency of the course pursued in
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[Page 182]
in this casse; but if one of these Magistrates be to blame the other is equally so. I am sure, however, that
Mr Spodes motives, and Mr Masons, were the same, both Gentlemen were, no doubt, as Mr Mason has
on Oath declared that he himself was “influenced only by a desire “to put a stop to the rapidly
“increasing offence of absconding, “and to the frequent recurrence “of felonies committed for the
“purpose of avoiding the “punishment for absconding.”
As to the legality of the punishment, under such circumstances, there can be no question, and I
[Page 183]
I understand, that, with men of the class and stamp of Greenwood, unfortunately, no punishment but
flogging is found to be effectual.
8. It has been represented that, at the time of Greenwood’s subsequent trial, and up to that of his
execution, he suffered severely from his previous punishment. I made every enquiry personally,
respecting this fact, as soon as I saw it stated. I have no doubt that the prisoner may have suffered much
pain for several days after the infliction of that punishment, but, that he
[Page 184]
he suffered much from this cause afterwards, I do not, from the statements made to me, believe. I feel as
much distressed, at the idea of the man’s having been punished, as I think any other Individual can. Nor
does one feel regret the less, because, considering the desperate and ferocious nature of convict
runaways, so severe an example may have been at the time actually necessary. But there is no good
feeling, there is neither humanity, nor justice, in exaggeration, in a case of this kind, and I am happy in
[Page 185]
in being enabled to say that the statements of the Press on this head are really untrue.
9. It has been seen, that on the 18th March, Greenwood was tried and punished for absconding. On the
19th he was detained on the charge of stabbing; but the case was not entered into, until the 26th. The
Constable was in fact, even then, in the Hospital, scarcely able to give his evidence. On the next day
Greenwood was fully committed. On the 3rd April he was tried in the Supreme Court; and convicted.
And on the 16th of
[Page 186]
of the same Month, 28 days after his previous punishment, he was executed.
10. The evidence given at the trial will be found in the notes of the Judge, and the depositions now
transmitted. Constable Terry’s description of his wounds, two or three of which then remained unhealed,
and bandaged, comprised a Catalogue, which I am sure, that no one heard without shuddering. His upper
lip, had been almost severed from the face. It was penetrated nearly through, from one cheek to the other.
There were
[Page 187]
were a Gash under his arm; a cut on the face; another on the shoulder; a stab on his right side; and two
more stabs on his left side; one, immediately over the heart. In fact the prisoner had done his utmost to
murder the man. He more than once said, that he should rip him open. Terry fell, exhausted by loss of
blood; and another Constable named Fitzpatrick, who came up at the time, was then attacked in a similar
manner. Greenwood succeeded in inflicting several wounds on this second constable
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[Page 188]
constable; but of a less severe nature than those inflicted on Terry. He was then apprehended at the
Police Office, the Prisoner retained the same savage demeanor. He there told Fitzpatrick that he was
sorry the steel was not long enough.
11. The several facts detailed in this Report are supported by the papers herewith transmitted, to some of
which I have already referred.
I am etc. etc.
(sd.) Alfred Stephen
a true copy
John Montagu
[Page 189]
Attorney General
6th July 1835
Report upon the case of “Joseph Greenwood” a Convict.
[Page 190]
Received: Colonial Secretary’s Office
April 3, 1835
[indecipherable]
30/4/35
Police Office Hobart
3 April 1835
Sir
With reference to my letter of the 12th ultimo, I have the honor to enclose a publication which has been
distributed about this Town and which I have every reason to believe was printed in Mr Bents office
although no proof of the fact can be obtained, and I transmit this, as an additional reason why convict
printers, forest men, etc. should not be assigned to
The Colonial Secretary
[Page 191]
to proprietors of papers, who are in the habit of publishing articles of the description of the enclosed.
I have the honor to be Sir
Your very obedient humble servant.
[indecipherable]
[Page 192]
Ex: Council – but the subject being of such interest & to be viewed in various lights I wish this letter to
be circulated to the Members of Council - 13 March
[indecipherable] Council
30/4/35
Police Office Hobart
12 the March 1835
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Sir
With reference to the part of the public press of this Colony, I request to bring under the notice of the
Government the great injury done to prison discipline by permitting Convict Printers, press men, and
Compositors, to be assigned to those persons, who are in the habit of disseminating the vilest sedition
and abuse of The Government –
I can assure His Excellency that I have no personal motive
The Colonial Secretary
[Page 193]
motive in making this representation, but I am of opinion that a very great injury accrued from Convicts
being employed covertly in attacking every institution which men have been taught to respect, and every
private Character of Estimation in Society –
I would besides submit that The Government order No. 41 under date 9th July 1828 is at present directly
– eroded
I have the honor to be
Sir Your very obedient
humble Servant
[indecipherable]
[Page 194
The Clerk of the Council
John Montagu
13/3/35
recd. 9 April
actuated same day
[Page 195]
16863
[Page 196]
Recd. at Council
3/4/35
(Letter dated 1 May 1834, and Editor’s reply from the (London) Sunday Herald)
[Page 197]
Captn. Forster
3 rd April 1835
Enclosing a paper which has been circulated in
Hobart relative to Greenwood’s punishment.
This has been considered in Council, but before anything further is done, the Lieutenant Governor
wishes a return to be furnished showing the number and Police characters of the Convict Printers,
Pressmen & Compositors in assigned service in the Colony –
4th May 1835
[indecipherable]
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[Page 198]
Copy of Memorandum furnished for the guidance of Mr Ross relative to the Case of Mr Mason
1 On the 17th March 1834 Prisoner of the Crown named Greenwood, who had absconded from the
Public Works and has remained absent about two months, was apprehended on the Race Course at New
Town - He resisted the Constables most violently and stabbed two of them- the one who was severely
cut about the face was seen by Mr Mason after the occurrence, as he was going off the Course.
2 The following day Greenwood was charged at the Police Office before Mr Spode and Mr Mason with
Absconding and sentenced to receive 100 Lashes - the Sentence was pronounced by Mr Mason - It
appears that the man behaved in a brutal and insulting manner before the Magistrates and declared his
regret that he had not
[Page 199]
killed the Constable who apprehended him - Mr Mason remonstrated with him upon his conduct and
warned him of the fact he might expect in the following words as they were proved in the Supreme Court
– “You are to receive 100 Lashes - I shall afterwards commit you for trial for cutting and maiming and
if you are convicted, I have no doubt you will be hanged” - Greenwood was fully committed for trial
about ten days afterwards on the capital charge and subsequently (I believe in May) convicted and
Executed
3 On the 26 or 27th May following a Libel up[on Mr Mason was published in the Colonial Newspaper,
which charged him, among other things, with having said to Greenwood on occasion of the trial, in
March – “You shall receive 100 Lashes and afterwards be hanged”
About the 2nd June Mr
[Page 200]
Mason preferred an Information before the Chief Police Magistrate against the Editor Mr Thomas Allen
Lascelles for libel - on that occasion Mr Spode, the Magistrate who officiated with him in the Case, and
another witness both swore that they did not recollect hearing Mr Mason use any language of the kind
imputed to him – Mr Lascelles was held to Bail to answer the charge before the Supreme Court but two
or three months afterwards, having given up the author of the Libel Mr Gilbert Robertson, proceedings
against Mr Lascelles were relinquished
4 On or about the 31st August 1834 Mr mason commenced proceedings against Mr Robertson but the
Case failed before the Magistrate, in consequence of the original document having been altered by the
Publisher Mr Lascelles
5 Mr Mason denies that in either of those proceedings at the Police Office the Defendant put any
question to
[Page 201]
him as to the use of the words to Greenwood - although it is most probable that, had any question of the
kind been put, he would have denied using them, as to this hour he declares that he has not any
recollection of the fact –
6 Thus the matter rested until July 1835, two months subsequently to Mr Mason’s promotion to the
Police Magistracy of New Norfolk – about the 11th of that month an assigned servant of Mr Lascelles,
(who then resided in that District) was brought before Mr Mason by a Division Constable on a charge
which involved a breach of the Government Regulations on the part of his master – Mr Lascelles was
summoned to appear but being absent from New Norfolk, his wife attended and, at her request, the
hearing of the Case was postponed until the arrival of
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Mr Lascelles –
7 On the evening of the 15th July Mr Lascelles returned home and while Mr Mason was walking in the
public road in company with Mr [indecipherable] a Civil and Session Judge in India, Mr Lascelles came
up to him in an excited and menacing manner and said “I shall not suffer the Case of my Servant to be
enquired into tomorrow unless another Magistrate be present - You have committed wilful and corrupt
perjury in the case of Greenwood and I’m go to town and prosecute you for it” - For this conduct Mr
Lascelles was ordered by a Bench of Magistrates to enter into Sureties to the extent of £160 for his good
behaviour for twelve months
8 Mr Mason reported to the Government the conduct of Mr Lascelles, who is a Justice of the Peace - In
his defence Mr Lascelles renewed the charge of Perjury - Some weeks afterwards
[Page 203]
Mr Lascelles’ complaint against Mr Mason for depriving him of his assigned Servant was heard in the
Executive Council and Mr Mason received a letter from the Head of his Department communicating the
Lieutenant Governor’s entire approbation of his conduct in the matter and forbearance towards Mr
Lascelles
9 It was then intimated to Mr Mason by the Government that he must take legal measures against Mr
Lascelles to clear his character from the imputations cast upon it - An action was commenced which
however was not heard until the month of December 1835 - During the intervening period the Radical
Press incessantly toiled to create a prejudice on the mind of the Public against Mr Mason – The
Defendant put in a Plea of Justification and after sitting six hours, nine Jurors in a
[Page 204]
Verdict of /n Damages and decided in favour of the Defendant or the Plea of Justification - This Verdict
has since been declared by the Judges to be contrary to the evidence
10 Upon this result Mr Mason applied for and obtained leave of absence - In April 1836 a new trial
was granted and on the 13th May the Plaintiff obtained a Verdict of 39/ Damages, accompanied by the
following observation – “The Jury are desirous of accompanying this verdict with the expression of their
full Conviction that the charge of Perjury imputed to the Plaintiff was wholly groundless” - upon this
result supported by the strongly expressed opinions of the two Judges, the Lieutenant Governor, with the
unanimous concurrence of the Executive Council, restored Mr Mason to the exercise of his office as
Police Magistrate
11 The Press continued to assail Mr
[Page 205]
Mason, and, as has been proved in evidence before the Council, so intimidated the Magistrates of the
District that not only have some declined altogether to act with him but even those who have done so,
have framed excuses for abstaining themselves from their duty - Capt. Armstrong one of the
Magistrates, having tendered his resignation of his Commission, Mr Mason requested the Government
on the 14th August last to require that gentleman to state openly his reasons for refusing to act - Capt.
Armstrong being thus called upon, preferred Charges against Mr Mason which, on the 8th Sept. were
investigated in the Executive Council and the result was a full and honorable acquittal of Mr Mason upon
all of them in the unanimous opinion of the Council - Capt. Armstrong refusing to abide by the decision
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of the Council, again tendered his resignation, which has been accepted
12 Immediately after the aspersions upon his character had been thus fully and finally removed Mr
Mason applied to the Government for permission to exchange situations with some officer in another
District with the view to putting an end to the excitement existing in the District of New Norfolk and to
relieve the Government from the embarrassment in which it was placed by the opposition of the
Magistrates
Thos: Mason
Hobart 19 Oct 1836
[Page 207]
Free Pardons
From 159 to 163 both inclusive waiting
165
waiting
168
[indecipherable]
From 190 to 229 inclusive [indecipherable]
Patrick Roach
Has been in the Colony Seventeen Years employed in the
Service of Governt. in the Colonial Marine - is strongly
recommended by Capt. Kinghorne to be Port Officer –
Richd. Curreen
Has been in the Colony upwards of six years – is strongly
recommended by the Port Officer and Principal Superintendent
to receive the indulgence of a Pardon, by an act of Grace, and
the [indecipherable] of the Lieut. Governor
Ralph Peel
Do. Do.
Remissions in the two last cases have been granted according
to a usage which [indecipherable]
[Page 208]
Part of the Schedule of Free Pardons Advised
[Page 209]
1836?
Tried 14 July 1818
Life
and is particularly recommended for his exertions in the Field
Police in the pursuit of Bushrangers.
224
James Smith ats Parnell
Has been in the Colony 14 years has held a Conditionable Phoenix
Pardon 10 years and is very highly recommended
Tried 31 July 1821
Life
225
John Smallman
Indefatigable
Has been in the Colony 24 years has been charged with no
offence since his arrival, held a Ticket of Leave at the general
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Tried 10
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August 1811 muster in 1824 and is very strongly recommended
Life
226
George Loveless
William Metcalf
Tried 14 March 1834
7 years
Granted in obedience to the King’s Warrant enclosed in the
Secretary of States Despatch
[Page 210]
227
Richard Curreen
Has been in the Colony 6 years and this indulgence has Sir Charles Forbes
been conceded as an Act of Grace on the departure
Tried 22nd August 1829
of the Lieutenant Governor
14 years
228
Patrick Roach
Hibernia
Tried 27th July 1818
Life
Has been in the Colony 17 years the observation in the
preceding case applies to the present, the indulgence
being granted on the same occasion
229
Ralph Peel
Has been in the Colony 6 years this indulgence has
been conceded in this case as in the preceding
Tried 27th February 1829 instances
14 years
Prince Regent
[Page 211]
Principal Superintends. Office
24th November 1836
(in margin – John Bull 1778 per “York”)
Sir
In reply to your note of the 16th Instant, requesting me to report upon the conduct of the prisoner
named in the margin, I beg leave to enclose his Police character which shows a record of nine
offences since his arrival in the Colony, and three of them during the present year, for one of which
he was dismissed from the Police and sentenced to be worked twelve months at Spring Hill road
party, where he is now undergoing his punishment. His conduct therefore precludes me from saying
anything in his favour –
I have the honor to be
etc etc
(sd) J Spode
Prinl. Supt.
The Colonial Secretary
etc etc
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John Bull
)
arrvd. at VDL )
29 Oct1832 )
No 1778 Per York 2 Tried 27 March
1830 14 years
Trasp. for Felony Goal report Chargd. [indecipherable] bad relations respectable dispn. mild Hulk
report Good Stated his offence stole Lead and a brass wash hand basin Surgeons report tolerable.
July 6 1833 Curry Absent without leave & distb of order 40 lashes June 23 1834 Curry Stl. 2
bushels of wheat Comd. for trial at 2 [indecipherable] Acqd.
Septr. 22 1834 Rd Pty. Taking bread from a fellow prisoner 1 fortnt
in chains, Constbl Hill Rd Party vide Lt Gov descn 1 Oct 34 Jany 20 1835 [indecipherable] Absent
from his station going to the Barrks & offering a Razor for sale Cell 7 nights working by day
Augt 24 1835 Triffitly Absent witht leave & making a false statement for not mustering at
Church Cell 3 days on B & W Dec 9 1835 Triffitly Absent without leave Admd. March 18 1836
Constable Making a false statement Suspd from the Police March 22 1836 Conste Prevarication
Dismd the Police & dealt with as his Excy may think proper 12
[Page 213]
[indecipherable] probn Spring Hill Rd Party 7 kept to Barrow work vide Lt Govs decisn 31
March 1836 Augt 6 1836 Pld Making away with or disposing of his slop shoes Repd.
[Page 214]
28.10.36
to His Excellency
Colonel George Arthur
Lieutenant Governor
of the Island of VD Land
etc
etc
etc
May it please Your Excellency,
Your humble Petitioner was, together with his father,
Mother and Sister, tried at Nottingham in 1829, and your Petitioner together with his father,
arrived in this Colony per Bussorah Merchant in 1830.
Your Petitioner from the circumstances of his case
having before been laid before Your Excellency, ventured to crave permission of your
Excellency to plead in his own person on his behalf, and begs humbly to represent that he has
reason to believe that a mitigation of sentence with reference to him has
[ page 215]
has been refused, but as your Petitioner is unaware of its contents could Your Excellency, in
your goodness and humanity will bestow upon his case
Your Excellency’s further consideration and gracious aid.
Your Petitioner’s Father who was aged 72 years – died
last week at the Invalid Hospital at New Norfolk, and Petitioner’s mother dying on her passage
to Sydney, where petitioner supposes his sister is, petitioner is left as the only survivor in this
Colony, and humbly trusts Your Excellency will afford him Your assistance in pursuing his
mitigation of Sentence, and for the boon thus bestowed Petitioner as in duty bound will
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[indecipherable]
etc
etc
th
Oct. 28 1836
[Page 216
To His Excellency
Col. Geo Arthur
Lieutenant Governor
etc etc etc
[Page 217]
To His Excellency Sir John Franklyn Lieut Governor of Vandiemans Land
Excellent Sir,
Being the Father of a very young man who I have learned with the most
poignant grief, has rendered himself amenable to the Laws of his Country by acts of Criminality
which you will easily conceive are of a nature too distressing to parental feelings, to permit me to do
more than refer to, allow me to approach your Excellency in Supplication for the extension of His
Majesty’s clemency to my unfortunate Son.
I have learned that my Son whose name is John Oswald, had in the year 1835 been honoured by the
appointment of Clerk to the Magistrates, and Postmaster, at the town of Merton in New South Wales,
that part of his duties of his office, was to receive and account for certain fees or monies belonging to
the Government, in the latter whereof he failed, became a defaulter, was tried at Sydney in the
Month of July 1836, was convicted for embezzlement, and sentenced to transportation, and that
pursuant to his sentence he was conveyed to Vandiemans land, where there is too much reason to
believe he is still a prisoner
[Page 218]
Sir, My unfortunate Son, has a good Education, and displayed abilities which led me and his family
to hope that he would enter upon life with [indecipherable] and advantage to himself, he very soon
betrayed a strond disposition for the sea, and having many in my family and connections who were
largely embarked in the Shipping Trade, both as owners and Merchants, it was thought advisable to
indulge his inclination, accordingly he made several voyages to different parts of the world but
principally in Ships employed for the conveyance of Convicts to the Settlement in New South Wales,
on one of these voyages he most unfortunately had some difference with the Captn. of the ship,
which he left at Sydney. Shortly before his appointment as Clerk to the Magistrates at Merton, and
he was left there without friends or money whether in the course of these voyages in which was
necessarily much exposed, or whilst he [indecipherable] place he formed bad habits and
acquaintances from thoughtlessness of youth, or whatever cause, it has been my misfortune to learn
that he committed the crime which has brought on him the dreadful visitation sentence I have
mentioned.
Sir, I am induced to hope that some such cause as above mentioned has brought my Son into his
present situation [indecipherable] if it should please your Excellency in considering his youth, his
friendless and exposed [indecipherable] in being left at Sydney, and the disgrace punishment he has
already undergone to pardon him for the offence of which he has been convicted, that he might yet
be
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be restored to, and become a useful member of society, and by his future conduct make some
reparation for the past, as well as heal the wounds his conduct has inflicted on his Father, and a
numerous respectable family.
Sir I continue to hope that it may not be useless to mention that my father served his Majesty in
the Victualling Department through a long life that he lived and died universally respected, that at
present one of my Brothers fills a high position in the same department at Deptford where he has
served with no less esteem and respect than my Father, for upwards of 30 years, myself and Two
younger Brothers are also long in the same department, and my eldest son has for some time has
been in one of the Departments of His Majesty’s Treasury where he, I have the Consolation to say he
is also much esteemed by the principal of his office who is my intimate friend and by all those about
him.
Sir Besides my eldest Son I have a Daughter just now 20 years of age, with every quality a Father
could desire a Daughter to possess, who dotes upon her Brother the object of this memorial of whose
fate she is at present ignorant, & whose life it is feared would be sacrificed to the knowledge of it;
my eldest Son too having been by it brought nearly to the grave and unable to attend to his office for
between 2 and 3 months. In addition to these I have by my present wife nine other children all
growing up into life, and on whose innocent heads some portion of their Brothers disgrace I fear
must be painfully inflicted.
Sir we have all lived creditably & respectably moving in a circle amongst whom I trust there would
be no difficulty of procuring Testimonials of the veracity of this statement were it necessary but
amongst whom I would desire if possible to avoid, & not to promulgate my poor Sons unfortunate
situation.
[Page 220]
There is one Gentleman in Vandiemans Land, Lewis Gillies Esqu. who will notwithstanding the time
he has been absent from England remember my family and to be able to corroborate the truth of this
Statement and to that Gentleman I would respectively beg leave to refer your Excellency, with the
earnest expression of my hope that you will find enough in the circumstances I have detailed to
authorize you to exert the power of clemency where with you are entrusted to my Son, & for which I
most earnestly & respectfully pray.
I beg to Subscribe myself
Your Excellency’s
Most respectful & Obd. Servt.
John Oswald
Croydon, Surrey
3rd May 1837
[Page 221]
Queries
Answers
What is the petitioners name
What age is he
Thomas Norrington
36
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Where is he now residing in
Van Diemens Land
He filled the situation of writer in the
Department of Accounts at Hobart Town
for upwards of four years – he has lately been
removed to the Commissariat Provision Office
Launceston, Van Diemens Land.
When was the petition presented
In October 1836
It will be seen that the Quadruplicate Memorial previous to its presentation received the signatures of
Mr Dison the prosecutor and eight most respectable Individuals who were personally acquainted
with the petitioner for years before his committing the offence for which he is now suffering the
Penalty.
[Page 222]
Re Norrington
Copy Queries and
Answers thereto.
T. Peters
13 Serles Place
Lincolns Inn
[Page 223]
London May 9th, 1837
My dear John
It is with extreme grief I address you in your present unhappy circumstances especially as you have
received such repeated warnings as to what your thoughtless extravagance would lead your Father &
Mother are in such deep distress at the disgrace and affliction you have plunged them into that they
cannot possibly write to you and have therefore requested me to do so had you professed the least
affection for your Parents I should have thought that instead of adding to their numerous trials you
would have endeavoured by diligence and economy to have done the utmost in your power towards
lessening them your sad conduct has so affected your Brother Wm that his health is evidently
[Page 224]
injured and poor Margaret has never yet been told the extent of your misconduct so that you see
instead of making yourself esteemed and beloved by your friends your name cannot be mentioned
without causing the most disagreeable associations your behaviour has been a complication of wilful
and deliberate sin What could be worse than the tale you caused to be invented respecting your death
by drowning in the Hunter River and now your friends would always rather that event had occurred
than that you should have lived to disgrace your friends and connections so much so that you see sin
even in this world brings its own punishment and if you ever think of the eternal world (whither we
are all heading) What madness it is to continue in the ways of iniquity especially as you have
received advantages which many of your present companions never professed and remember we
shall be judged hereafter according to the advantage we have professed here therefore let me entreat
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you my dear John to seek by earnest prayer that repentance towards God and that Faith in our Lord
Jesus Christ through which alone we can any of us obtain Salvation and if your unhappy condition
does but lead you to the Cross of Christ (for the chief of sinners are invited to come) you will have
cause to be thankful that punishment in this world lead you to seek to avert that far more dreadful
punishment which awaits all impenitent and unbelieving sinners in the world to come. Your dear
Mother has had an interview with Col. Arthur to endeavour to get a mitigation of your sentence but
remember if it should be obtained that unless you turn from your evil ways all these warnings will
only tend to your more awful condemnation. I trust however they will have the desired effect and
that you will yet live to retrieve your character and become an esteemed member of Society and a
sincere Christian which your Bible can alone teach you to do. Your Father & Mother Brother &
Uncles join me in these earnest wishes for your repentance and amendment and Believe me to
remain
Your sincerely affectionate Friend
Elizabeth Oswald
[Page 226]
John Oswald
[Page 227]
Croydon 7th May 1837
I am quite at a loss how to address you my once dear John after your dishonest behaviour & the
disgrace you have brought upon your family who had finally<strike></strike> hoped you were so
comfortably settled at Merton under the Kindness shewn you by the kind Mr [indecipherable] and
his family.
By the same ship which brings you this I have sent a memorial thro Col. Arthur to Sir J. Franklyn
praying for a mitigation of your sentence which should it please the Almighty disposer of all events
to grant to you. I fervently trust may be the means of so turning you from the evil and
[Page 228]
and hitherto dishonest ways you have followed, that you may yet if not turn out an ornament yet a
useful member of Society which I pray God to daily, you may yet be.
If it should please God to release you from your disgraceful situation, let me earnestly entreat you to
immediately seek some honest employment by which you will be enabled to earn your daily bread
and if you should happen to see Mr Lewis Gillies pray take his advice, & whatever may be your
future fate I sincerely hope the lesson you have had, & the misery you have caused a hitherto
unblemished family will turn you from the errors of your past life – Write as soon as you receive
these letters to one of your uncles as I am afraid if you wrote to me that
[Page 229]
your poor Sister Margaret who at present knows nothing of your degraded situation should see your
your letter it would be too much for her to bear, or else direct to me under cover to one of them and
let me know what your future views are to be in case our prayers are heard from Almighty God, that
you may yet be a comfort to us which is my dear John
the fervent prayer of
Your unhappy but
Still affectionate Father
J. Oswald.
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[Page 230]
[indecipherable]
John Oswald
[Page 231]
London, 6 May 1837
My dear John
I am requested by your Father & Mother to write you a few lines to know how you are & where you
are. They are both so heartbroken that I do not think either of them capable of the task – Not a Word
from you for upwards of a Year excepting a short Note evidently dictated by one of your creditors
requesting my acceptance of a Bill. That affair was soon settled for while your Father is daily &
hourly striving to make your Brother Herbert comfortable, I should have thought myself guilty of
great misconduct in accepting your Bill, while if I could have spared the money, it would have been
more worthily bestowed. The fate of John L-g which you seemed so much to grieve at and which
you said would be a serious warning to all his acquaintances, did not, I am grieved to say, produce
any good effect on your conduct.- Where you could have learned such habits I am quite at a loss to
conceive for the children in your own family are all patterns of good conduct and integrity. I fear on
your leaving your Ship taking up your abode in a Grog Shop, that your Companions were none of
the most respectable altho’ I think you were warned in my letter not to imitate the manners &
conversation of them with whom you are as a Young Sailor, now obliged to associate.- You
promised fair but I doubt you played the Hypocrite in writing of the comfort of your new situation as
a Post Master & that you hoped soon to have it in your power to provide for some of your Brothers.
Thank God they were not old
[Page 232]
old enough to be sent to you. I am sure if you saw the altered health & spirits of your poor Father &
your Brother William, you would feel most bitterly your conduct – As yet Margaret & your aunts
(with the exception of Aunt Wm) are totally unacquainted with your late Faults, and I should be most
grateful if they could be kept in ignorance. You are young & if the means now taking to rescue you
from your present State of degradation prove successful, be careful how you begin the World again.
Your Mother has had an interview with the late Governor of Van Diemen Land Colonel Arthur, who,
I believe, has promised most kindly to forward a Petition to the new Governor, Sir John Franklin, to
remit your Sentence, or to mitigate it as far as he can consistently. The Petition will be carried to the
Colony by the Gentleman who is to have charge of the Convicts. Now, as your Friends are using
their utmost exertion in requesting the influence of those who are not even acquainted with your
Family & who have so kindly promised their interest, I think, should you be so fortunate as to be
again free & your own Master that you will make a Solemn Vow never to tell a Falsehood or commit
a Crime – Rather work hard for your daily bread than again borrow or –
Most anxiously shall we wait the Arrival of Answers to this Letter & to the Petition sent to Sir John
Franklin – Letters, I believe will also be sent to Mr Gillies to urge
[Page 233]
his best endeavours in obtaining the Prayer of the Petition.
With so many Friends trying to assist you, how thankful might you to be & if it please God that their
kind exertions should be crowned with success pray make a strong resolution to reform, and again
become a Comfort as formerly, to your Father & Mother, & that you may, instead of sending them
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Misery & Death, be once again a Source of Happiness. I told you in the beginning of this letter that
your Father & Mother could not write, but if they could have a Letter from you, with Sincere
promises of Amendment, it would be more consolation to their wounded Bosoms than any other
remedy. Write to me & to them. Let the Sincere Prayers of us all for your Return to the paths of
Rectitude be seriously attended to.
I abstain from writing what we have heard of your affair, but expect you will make a true Statement
to me especially as regards Money Matters.
I remain, as ever,
Your Affectionate Uncle &
Most Sincere well Wisher.
Tho. Oswald.
[Page 234]
Mr John Oswald
[Page 235]
1837 ?
Convicts
Statement relative to the progressive increase of Crime in New South Wales.
[Margin notes]
Reports of Select Committees of House of Commons on Transportation and Gaols 1812 and 1819.
Report on Judicial Establishments page 14
During the period of eight years form 1810 to 1817 the total number of persons tried
by the Criminal Court at Sydney, was 400. Of these 280 were found guilty, and 137 acquitted; - making
the proportion of Convictions to the whole number of cases tried 67 per cent, - of Acquittals 33 per
Cent; and the proportion of Convictions to the whole population of the Colony, 1 in every 375
persons.)
By the Report of Mr Commissioner Bigge, upon the state of the Colony of New South Wales, it
appears, - “that in the year 1818 the number of cases that came before the
[Page 236]
Criminal Court was 90 and in 1819 it was reduced to 67. In 1820, the number of Convicts exceeded
the means of Accommodation in the Barrack and the Offences increased to 111.”
This makes the total number of cases tried in the Criminal Court, in the three years 1818 to 1820 two
hundred and seventy six (276) so that the average number of Commitments in each year would be
92. The population of the Colony in 1817 according to the Parliamentary Report upon Gaols before
referred to was 20,379 and in 1820 by the Report of the Commissioner of Enquiry it was 23,939. The
average population during the three years may therefore be taken at 22,000 which divided by 92
gives one Committal in every 235 persons. The results of the Trials are not stated by Mr Bigge; but
supposing the proportion of acquittals and Convictions to have been the
[Page 237]
the same as during the eight years from 1810 to 1817, viz. Acquitted 33 per Cent Convictions 67 per
Cent, the proportion of Convictions to the whole population would be I in every 360 persons.
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(Margin note – Notes on NS Wales by Bannister Esqr.)
According to returns from 1821 to 1825 contained in a work upon New South Wales by Saxe
Bannister Esqr. then Attorney General of the Colony – the Convictions during those 5 years in the
Superior Courts appear to have been in the proportion of 1 in every 183 persons, out of the whole
population
(Margin note – Returns printed by order of the Legislative Council of N.S.Wales)
During the five years, 1831 to 1835 the Total of Convictions in the Supreme Court and Courts of
General Quarter Sessions, was 2807. This number divided by 5 gives an Annual Average of 561.
The population of the Colony by the Census of September 1833 was 60,794 In June 1836 it is
estimated to have been about 77,000, so that 67,000 may be taken as a fair average for the five years.
This number (67,000) divided by 561, makes the proportion of
[Page 238]
of Convictions to the whole population during the above period of five years 1 in every 119 persons.
In the year 1825 the Minor Offences committed almost exclusively by Convicts, and tried by
magistrates in Petty Sessions were in the proportion to the whole population of the Colony of 1 in
more than 5 persons, whilst in 1835 taking the population at 75,000 the petty offences had increased
to the proportion of 1 in three persons. These returns of convictions do not include the penal
settlements at Moreton Bay and Norfolk Island.
It cannot be alleged that in consequence of an improved state of police, and a greater certainty of
conviction, there was an apparent increase of crime where none existed in reality, for, on the
contrary, the police had diminished in efficiency, and the chances of escape from punishment
[Page 239]
Punishment, both from that cause, and from the greater uncertainty of procuring convictions in the
Criminal Courts, undoubtedly tended to very much swell the actual amount of crime in the Colony.
It is most material also to observe that the whole of this appalling mess of crime proceeded either
from the Convicts, or from those classes of the population who had been formerly in that condition,
and had become free. Mr Bannister in the work already referred to states that during the time he held
the office of Attorney General of the Colony, nearly one-third of the criminal cases brought before
the Courts proceeded from convicts under servitude, and the other two thirds from convicts holding
tickets of leave, and from those who had become free, either by remission of sentence, or by the
expiration of their sentence, or by the expiration of their respective terms of transportation.
By returns printed in the
[Page 240]
same work, it is shewn, that of the 1,296 persons who were convicted in the Criminal Court at
Sydney, in the sixteen years from 1810 to 1836, the proportion of emigrants and natives of the
Colony, together, did not amount to two and a half per cent. The last named classes, at that time,
scarcely comprised one-fifth of the whole population, and the crime committed by them would thus
appear to have been in the annual ratio of one criminal to every 2,400 persons.
(Margin note – App: No.7. p: 57)
It further appears by a return of Commitments to the Goal at Sydney, that in 1833 the proportion of
emigrants and natives of the Colony committed as compared with the total number of committals,
was not quite one per cent; that in the following year (1834), it had increased to six per cent, and in
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in the first seven months of 1835, to as much as twenty per cent.
This increase may be attributed in some degree to the circumstances of natives of the Colony,
without proper education and under the influence of bad example becoming implicated in cases of
cattle stealing; - but it is believed to be in a much greater degree attributable to the arrival in the
colony as emigrants, a short time previously, of a number of women of abandoned character. Many
of these unfortunate outcasts from society, having received sentences of imprisonment for various
misdemeanours, are understood to be include in the returns for 1834 and 1835, which cannot
therefore fairly be brought into the comparison; but the committals from the classes of emigrants
[Page 242]
emigrants and natives of the Colony in 1833, appear to be in the proportion of about 1 in 2,500
persons, and the ratio of convictions in the same classes, would not exceed from 1 in 3,000, to 1 in
3,500 persons.
(Margin note – Calculated from tables in MacCulloch’s Statistical Account of the British Empire
8vo. London, 1836 Vol: 1 p: 568, et seq.)
The relative proportion of convictions after commitment to the whole population of England and
Wales, in the year 1835, was 1 in about 1,000 persons.
In New South Wales the corresponding proportion in the same year, including all classes of the
inhabitants, appears to have been 1 in 97 persons. But the returns do not specify the convictions in
the several classes respectively.
The following comparison statement of crimes to population, in different countries, is derived from a
work on the statistics of Sweden, recently published by Colonel Forsell: (Margin note – Statistik von Schweden: 8vo. Berlin, 1836. B.11.)
[Page 243]
United States of America
Wales
Denmark
Sweden
Scotland
England
Ireland
New South Wales
1 offender in every 3,500 persons
1
2,320
1
1,700
1
1,500
1
1,130
1
740
1
490
1
22
This table appears to include summary convictions, as well as those after commitment.
Differences in the law and in police as well as various other circumstances, render comparison of this
kind but imperfect tests of the relative moral condition of different countries, or even of the same
country at different periods; and it is to be regretted, that the returns of crime in New South Wales,
which have been obtainable, contain of late years no accurate statement of the class in society of
[Page 244]
of the different offenders. Had they supplied this information, the great difference which exists in
the moral character of the several classes of the colonists would have been still more clearly shewn.
But the following points appear to be sufficiently established by the foregoing data: First, that the proportion of crime committed in New South Wales, by those classes of the Inhabitants
who have never been convicted, is not greater than the proportion in the parent country, and also
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does not appear to exceed that either of the European communities in general, or of the United States
of America.
Secondly, That the great mass of crime committed in New South Wales, proceeds from persons who
either are or have been convicts: and that the actual
[Page 245]
actual extent of crime in the colony, including the last named class of its inhabitants, does in
proportion greatly exceed that of other countries, and is also larger at the present time, than at any
former period
[Page 246]
Suggestions for a modified and improved System of Transportation.
It is assumed
1. That Transportation from the Mother Country, as a secondary punishment, is necessary
2. That the Mother Country has a right to transport the Convicted offenders to any
of her
Colonies.
3. That to which Colony ? or to what extent ? are questions of expediency.
4. That in Colonies where labour is scarce and dear or where great public works are to carried on, a
supply of Convict labour judicially applied, must be beneficial.
5. That under any modes of punishment, - whether confined to the Mother Country, - or to the
Colonies, - or divided between them, - a large expenditure is unavoidable.
6. That the punishment of the Criminal, - his moral improvement, and the most profitable
application of his labours, should (if possible) be accomplished simultaneously.
[Page 247]
It is therefore suggested,
1. That a return to the practice of “Assignment” is advisable, as far as relates to the better-disposed
convicts.
2. That the labour of the worst Characters should be devoted to Public Works and in situations
entirely apart from, if not out of reach of settled communities.
3. That a classification of Convicts should be made previous to their transportation, under the
heads, - Corrigible, 1st & 2nd Degrees, Doubtful, 1st & 2nd Degrees – Incorrigible.
4. That transportation should take effect immediately after Sentence is passed.
5. That the Corrigible class, of both degrees, should on arrival, be at once assigned, or assignable to
the service of Colonists of eligible character and competency: the Doubtful retained for public labour
in the Towns and Settled Districts, (to be transferred after due discipline and good conduct to the
Corrigible, or assignable Class: and the Incorrigible be sent to places suited to their exclusive labour
and restraint – there to remain until they are released by Death, or the previous expiry of their term
of banishment.
6. That Corrigibles should generally, be sent out to the Colonies by themselves. Doubtfulls may
reasonably be placed in the same ship: but Incorrigibles never.
[Page 248
Assignment
1. That in order equitably to apportion the benefit of Convict labour in private service as well as to
maintain a constant check over the Conduct of the Settler towards his assigned Servant, the period of
assignment should be limited to two years – subject to renewal on the application of the Master if it
be found expedient. The Government should, nevertheless, have power in every case, to recall a
Convict to its service without being required to state the reason for it.
2. That to induce Settlers to take the Convicts into their Service, the assignable Class should be kept
free from
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from men unsuitable to, or undeserving of, the privilege of being placed in private Service.
1. By making that Class an object of desire and emulation among the Convicts:
2. By never admitting or readmitting to it any man who has been guilty of a serious offence:
3. By rewarding the well-behaved after due lapse of time and proof of his desert, by a Ticket-ofleave, - to be followed by a conditional pardon in cases of continued good conduct. Thus the hopes
of an improved position, moderate domestic labour, and ultimate freedom, would operate on many to
deter them from crime.
[Page 250]
Doubtful Class: - Public Labour.
1. That a distinction should be made between “Public Labour” as eligible for this Class – and “Hard
Labour” for the Incorrigibles. The former may be performed in Towns and Settled Districts under
the requisite control and observation. Fitness for the Assignable Class would be the object of their
desire: removal to the Incorrigible class that of their fear. One half of the Doubtful Class would
probably take these opposite directions.
2. That no Ticket-of-Leave should be granted to one of this Class unless for special Services, as a
Constable, or otherwise.
[Page 251]
Incorrigible Class: - Hard Labour.
1. That Bermuda and Gibraltar be continued as places for reception and labour on public works, of
this Class only.
2. That Cape Town would afford similar employment for a considerable number on the proposed
Breakwater in Table Bay.
3. That a moderate number may be advantageously employed at the Falkland Islands which (from
the extensive occupation of the western coast of North America now in progress) may be expected to
be greatly visited by shipping.
4. That Port Arthur in Tasmania is available for a moderate number.
5. That new Settlements on the North West – North, - and North East Coasts of Australia should be
originated by the formation of Convict Establishments, - as [indecipherable] for Emigrants, who may
be admitted there after certain progress has been made in clearing ground for Townships. opening
[indecipherable] to the interior, etc etc.
6. That these Convict Settlements should be places of ultra- banishment for offenders from the
Corrigible and Doubtful Classes.
[Page 252]
General Policy.
1. That the “right” referred to in page 1, - No. 1, - be not acted on in Colonies which have by the
reception of convicts in great numbers begun to experience moral injury (this being the case with
Tasmania) – but that in all Convict Settlements to be hereafter formed, the admission of free Settlers
be permitted with the express understanding that this “right” will be exercised by the Crown so long
as it may be found expedient.
2. That all the Australian Colonies (in which New Zealand may be included) should if possible be
prevailed on to adopt the assignment portion of this plan. 1st. By the careful selection and formation
of the Corrigible Class in England: 2nd By exempting the Colonists from any police [indecipherable]
expenses consequent on the delinquency of these men. 3rd By rigidly enforcing the duties of
discipline, and 4th. By giving each Colony the full benefit to accrue from the labour of such numbers
of the Doubtful and In corrigible Classes as my be employed on public works – or at hard labour –
without being required to contribute towards their Maintenance, Superintendence, or Instruction.
3. That the first steps to such an arrangement should be the removal of all the Incorrigibles now in
Tasmania (Excepting such as can be safely and usefully kept at hard
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labour in
Port Arthur) to places on the Coasts of Australia eligible for new settlements.
4. That the families of deserving Ticket of Leave men be sent out to them, the expense to be repaid
to the Crown by instalments.
5. That the emigration of females of good character be promoted to a large extent with a view to
them becoming the wives of Emancipated and Ticket of Leave men. It has been found that the
acquisition of property and family attachments does more towards the moral reform of the offender
than all else that has been tried.
6. That, to check the return of Expense to this Country, some advantages must be held out to them
for remaining in the Colonies, and that free pardons for services or exemplary conduct, should be
seldom granted. Conditional pardons should enable the holder to pass free in all Australia.
7. That additional encouragement should be given to military and naval officers to retire from their
respective services and settle in Australia by which their continuance there would, in a great
measure, be secured.
8. That to make Transportation a punishment to the Criminal and a blessing to others, rigorous
discipline should be enforced in all its forms and degrees. The clamour of Demagogues and the
entreaties of pseudo - philanthropists should be alike disregarded. When it shall be
[Page 254]
known as a certainty, that adequate punishment is invariably inflicted, crime will become less
frequent and banishment be regarded with more terror: while at the same time, the purgatory of
“Assignment” will afford opportunity and encouragement to those offenders who may desire to
“repent and be forgiven”.
9. In the control of doubtful and incorrigible classes Executive military and naval officers are
specially qualified whose salaries might be modified accordingly to the amount of their half pay.
[Page 255]
Sir George Arthur’s answers to
Four Questions proposed to him in
Lord Brougham’s note of the 28th Apr. 1847
No. 1
Are there not means of arranging
Convicts & superintending them day &
night, so as to prevent the shocking
immoralities so often committed –
especially such as arise from want of
women?
No. 2
Does Sir George Arthur believe the said
immoralities to occur for want of a
women or of proper accommodation &
superintendence?
Answer to No. 1 – Certainly – such arrangements may be
made, and such superintendence given, as would, to a great
extent, if not entirely, prevent the revolting immoralities
stated to prevail now so commonly among the Convicts,
working in probation Gangs in Van Dieman’s Land.
Answer to No. 2
The want of women, and of separate sleeping Berths, may be
existing causes of the disgusting immoralities alluded to; and
deficient or careless superintendence may afford the culprits
the opportunity of perpetrating them. I should refer the
existing immoralities, however chiefly to the latter, because I
know that, when the superintendence is efficient, they rarely
occur. During the numerous voyages made by Dr. Browning
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as Surgeon Superintendent of Convict transports – though, of course,
there were no women onboard, & the accommodation very scanty,
such immoralities were not known to exist – Hence I infer that, even
under the most averse circumstances, where there is unceasing
vigilance, and great precautions taken, with proper management,
such immoralities may be prevented.
No. 3
Does Sir George Arthur at all
consider such immoralities as
inseparable from a Penal Colony
?
No. 4
What, in Sir George Arthur’s
opinion, is the best means of
preventing them?
Answer to No. 3
I by no means consider immoralities inseparable from a Penal
Colony: but when men are congregated in large bodies in such a
Colony, as well as elsewhere, it requires the greatest circumspection
and the most vigilant superintendence to prevent them.
Answer to No. 4
There seems to be no other means of dealing with the convicts who
are now, and have for some time past been, congregated in Probation
Gangs in VD Land than by the adoption of a better system of
Management and of much greater
[Page 257]
vigilance in the care and control of these wretched men. – For though on perusing the Papers which have
been laid before Parliament, I am led to think that the bad state of things represented to exist, has been
somewhat highly coloured - enough leads me to suppose that the impression of the vicious condition of
convicts in Probation Gangs is so general, that no respectable settler would willingly give employment to
even such of them as might be discharged from such Gangs with a good conduct recommendation.- But,
by separating the convicts, and dispersing them over the country immediately on their arrival, an evil of
the magnitude described may be prevented for the future.- This was admirably effected during the long
period I was in V.D. Land by the immediate assignment of convicts on their disembarkation,- a measure
which also afforded the best means of preventing crime, and, at the same time, of punishing and
reforming the Convict.
In order to break up old associations, seldom
[Page 258]
seldom more than 2 or 3 Prisoners, from the same ship, were assigned to one Master – who, in fact,
became their overseer – and, generally speaking, he proved a good one – for, unless he vigilantly
watched over the conduct of his servants – looking most carefully to their sobriety, industry, and
morality, his prosperity and the welfare of his family inevitably suffered. – Thus, the Master’s interest, as
well as his duty, combined to make him an excellent and unpaid overseer, in carrying out the design of
the State in the punishment of transportation.The chief mischief to be apprehended was that the assignee might carry discipline too far by exacting an
undue proportion of labour form his servants: but this was an evil so obvious that it was carefully
provided against by the very stringent Laws and Regulations which were passed for the control of the
Master as well as of the servant.If one abused the trust reposed in him, the assignment was revoked, & the convict removed from his
service. If the other was guilty of Drunkenness, Insolence, Disobedience, or other acts of misconduct, he
was subjected- on evidence
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evidence of the same, before a Magistrate – by the Provisions of the Local Code, to which I have alluded
- & various degrees of summary punishment – on the other hand, continued good conduct for a
prescribed period according to the extent of his sentence to transportation made him eligible – first to
hold a Ticket of Leave – secondly, to receive a Conditional Pardon – and eventually, after a long period
of good conduct, to obtain a Free Pardon.Under this system of rewards and punishments, the best results were produced. – After the Prisoner had
advanced the first step towards the remission of his sentence by obtaining a Ticket of Leave, the
commission of any serious offence subjected the offender to the forfeiture of his Ticket, which a convict
could only have acquired after many years continuance of good behaviour in the service of his Assignee
– whose favourable opinion, it therefore became his interest to conciliate – and this, from long habit,
worked such a careful course of good conduct that I consider that it would difficult to find in any part of
the world such a number of men of the working class so orderly in their general behaviour, and so sober,
and useful as artisans or Farm servants, as the Ticket of Leave men in V.D. Land – and the discipline and
course of instruction they had undergone, while assigned servants, made them so expert and useful that
the Settlers throughout
[Page 260]
- out the Colony were willing to give higher wages for a convict holding a Ticket of Leave than for an
Emigrant artizan or labourer.
If, therefore, Transportation under the experiment of the Probation system of working the convicts in
large bodies – has failed, to the extent represented,- in my opinion Transportation, with assignment,
conducted as it was in the year 1836, should be restored under such modifications as subsequent
experience may point out as advisable for adoption.I beg not to be understood as imaging that convicts in assignment service universally lead irreproachable
lives – on the contrary. I am well aware that some of them continue vicious characters, and others prove
most troublesome & vexatious servants to their Masters.- All I would urge is, - that they are placed in a
position with fewer temptations to crime, and which affords them beyond any other secondary
punishment, an opportunity of reflecting upon the misery of their past career in crime, and holds out the
strongest inducement to reform – so that, with religious instruction, the best hope may be entertained that
they will become reformed characters, and be made useful, in place
[Page 261]
place of continuing dangerous members of the Community.The most prominent objections raised in this country against assignment when the subject was under
consideration of Parliament some years ago, I believe, were; that the system tended to convert the
Masters into despotic slave drivers & the convicts into slaves – who were subject to a greater degree or
less degree of punishment in proportion to the laxity or severity of the Assignee.As regards the first objection, it cannot be denied that the system has a tendency to make the Master
despotic - and this may fairly be regarded as an objection to it; but, independent of the operation of the
Colonial Laws and Regulations to counteract any abuse of this kind, a vigilant Government, which has
the entire control of making assignments and revoking them, can always effectively prevent the Masters
from pursuing any course of treatment approaching to inhumanity – and, it must be remembered, that the
convicts, on their part, are very prone to complain of ill-treatment – and have ready access for the
purpose to the Police or Assistant Police Magistrates.
Much ill feeling may, no doubt, be occasioned by withholding or withdrawing Convicts from a free
Settler – whose moral character
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or irritable temperament makes him a bad Master, - But this is a duty which may reasonably be expected
to be firmly discharged by a Governor intrusted with so responsible an office – and the duty will be
comparatively light
if he is enjoined to exercise such power, and is firmly supported when his
measures require it, by the Home Authorities. This, as a source of possible ill feeling between the local
Government and the free Settlers, is a further objection that may be well taken for what it is worth, to the
Assignment System.
With regard to the second objection – the inequalities of Assignment as a measure of punishment – it
does not appear to me that any great objection can be made to Assignment on this ground than may be
advanced against every other secondary punishment, or, indeed, against every service in which the lower
class can be employed. - The punishment of every offender in every part of the world is, to an extent,
heightened or mitigated by the treatment he experiences from his keeper, jailer, overseer, or superior of
whatever denomination. - And, further, the comfort or discomfort of every private soldier, and of every
Sailor either in Her Majesty’s
[Page 263]
Majesty’s, or the Merchant Service – in fact, the happiness or misery of the daily life these people is
mainly dependent upon the character of their Superiors. - This argument is no less applicable to the case
of all destitute children – whether boys or girls – who, under the laws of this Country, are placed in
apprenticeship – and whose treatment must be entirely dependent on the individual character or
disposition of parties in whose hands it may be their good, or ill fortune to be placed. –
I consider, therefore, that this objection to the Assignment System - though I admit it to be one - only
proves that Transportation with Assignment, is not a punishment free from defect – and all I contend for
is that it is the best secondary punishment – properly carried out – that has ever yet been devised as a
scheme of combining Reform and Prevention, with Punishment.
I am aware it has been urged that Transportation is not considered a severe punishment among the Crime
Class of this Country, and, therefore, fails in a most essential particular. – However broadly this assertion
has been made, I doubt very much its accuracy; but, even if it were true, my answer would be – it is
capable
[Page 264]
capable of being made so – and that no Christian would desire that a fellow creature should be visited
with a more severe penalty than is involved in a sentence of Transportation.
I am morally certain that it is a most severe punishment - and that the Criminal Class in this Country
may be made to consider and dread it as such. Be this, however, as it may, one grand object
unquestionably is achieved by the Transportation of Criminals to a distant Colony. – You therefore
certainly rid the Country of a polluting spring which is, year after year, extending its corrupting streams
over the Country – and, from the evidence I collected whilst I was in V. D. Land, I became convinced
that the contaminating influence of the Crime Class had never been fully appreciated – nor has it, I
believe, been well considered what the extent of crime might now have been in Great Britain and Ireland,
had not
[Page 265]
not, in former years, such a body of criminals been expatriated and rendered comparatively innoxious in
a thinly populated country – where every part of their conduct can be watched and every act – good or
evil – recorded for future reference – a measure which has been demonstrated in V.D. Land to have the
most beneficial effect in the treatment of the whole Convict Population.
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[indecipherable
1847
Lord Brougham
re Convicts
Sir G. Arthur’s reply
re V. Dieman’s Land
[Page 267]
My dear Sir,
A lad of the name of John Davies arrived in the Ship Argyle last year, and is assigned to Captn. Heany at
Perth. His father is in my employ in Sydney and I promised him to apply for leave to have the Son
transferred to me and to take him to Sydney on my return - The person to whom he is assigned, will not
I believe object to the transfer, but I am given to understand that there is some difficulty in procuring the
requisite authority from Government. As this seems a matter of private application I have taken the
liberty
W Parramore Esq.
P.S.
[Page 268]
of addressing these few lines to you, to know if the thing can be done before I go through any of the
forms of application on the subject. Your early answer will much oblige.
Yours truly
Francis Stephen
Friday
[Page 269]
Mr F Stephen
- date –
About the transfer of a
lad named John Davies
to his service
[Page 270]
To.
His Excellency Colonel George Arthur Lieutenant Governor of Van Diemans Land and its
Dependencies.
The humble petition of Michael Caffray Sheweth. –
That your petitioner was Convicted at the Supreme Court of Van Dieman’s Land at Hobart Town of
receiving 40 lbs Mutton the property of some person unknown and stolen by some person unknown and
Sentenced to be Transported for 14 Years. –
That your petitioner arrived at Sydney in New South Wales 32 Years since Free and has been 18 Years
in this Colony and never been charged before with any offence.
That your petitioner is an old man 70 Years of age and lived at Oatlands and held a Township Allotment
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of land upon which he had erected his house and cultivated his land and obtained an honest livelihood by
means of his Cows and Poultry and Keeping an Eating house.
That your petitioner sold a small portion of his allotment and was to be paid by the purchasers one half in
Cash and one half in Sawed Timber. That the Purchasers not being able to pay the Cash did from time to
[Page 271]
to time supply petitioner with fresh meat which your petitioner consented to take at Market price in
reduction of the Cash payment.
That your petitioner did receive on this account the Meat for which he was convicted.
That your petitioner was and still is ignorant as to the way in which those persons John Bennett and
William Eagle obtained the Mutton except from their own representation that they had received it in
payment of their work. And humbly states that he might have been as innocently convicted of purchasing
any other description of property had he received if on a similar account.
Your petitioner therefore humbly prays that your Excellency will be pleased Mercifully to consider his
case and before your Excellency quits this Colony mitigate the rigour of the Law.
And your petitioner as in duty bound will ever pray
[Transcribed by Peter Mayo, June Pettit for the State Library of New South Wales]
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