ms 3251 1834-1837 box 2 vol 4

ECHOES OF BUSHRANGING  Days in Van Diemen’s Land
BRADY, McCABE, PERRY, GEFFREYS and BRITTON
1834  to 1837
National Library of Australia Manuscript collection MS3251
box 2 volume 4 1834 – 1837
one of a series of nine volumes of official documents relating to Aboriginal people, Bushrangers, Convicts and Landed Settlers
Transcribed August and September 2009 by Rhonda Hamilton

TRANSCRIPT:

P1

February 1834 [in pencil top right]

Thomas Williams sworn oath I am a Constable at Launceston.  On the thirteenth day of February instant about Eleven oclock in the morning I went into John Griffiths house I saw there Richard Lowe a Prisoner of the crown he had absconded and was drinking some wine.   I first saw Lowe in Griffith’s house at Eleven oclock I took him out at half past twelve I heard him call for help

p2

? ? ? where I first saw him I thought he had ? when I took him away he was Drunk.

His mark Thomas Williams

Richard Hughes saith I am an  Overseer of the Chain Gang On the thirteenth of February instant I saw Richard Lowe a Prisoner of the crown who had Absconded in John Griffiths Public house he was drinking some wine he called for another half pint of wine, he was

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was drunk. Williams the Constable was with him.

His mark Richard Hughes

Fined Five Pounds and Costs

Police Office Launceston 28th February 1834. Present William Lyttleton and Geo Viney Esqrd.

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INFORMATION.

ISLAND OF VAN DIEMEN’S LAND, TO WIT.

BE IT REMEMBERED, that on the fourteenth day of February  in the Year of in our Lord One Thousand Eight Hundred and Thirty four at Launceston in the said Island of Van Diemen’s Land, cometh Anthony  Cottrell 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  Kenworthy Esquire one of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, and giveth me the said Justice to understand and be informed, that John Griffiths licensed publican of Launceston in the said Island did on the thirteenth of February instant at his premises situated at aforesaid knowingly permit to remain drinking one Richard Lowe a Prisoner of the Crown not ? with a ? for ? in attendance not having the written authority of his Master ? ?  for the purpose of supplying Prisoner with reason the refreshment contrary to the Provisions of the Act in Council of this Island, No.

8. George 4th intituled “An Act for amending the hours to prevent the harbouring of ? or other offendent and to restrain their tippling and gambling.

For which said Offence, and by Virtue of the said Act, he the said John Griffiths hath become liable to forfeit and pay the Penalty or Sum of Fifty Pounds. Whereupon the said Anthony Cottrell prays that the said John Griffiths may be summoned to appear and answer to this Information, and make his Defence thereto.

Anthy Cottrell

Exhibited and taken the day and year first above written, before me,  Ts Kenworthy

Plea Not Guilty

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28 February 1834

Cottrell & Griffiths Publican

Breach of Act No 8 Geo. 4th

Fined Five Pounds

No 4/6          con 1/     5/6

Distress Warrant clk 8/8  Serving Con 2      10/8

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[large oversize page, folded]

Van Diemen’s Land To Wit

Thomas Prosser, of Launceston, in the Cornwall Division of the Island of Van Diemens Land, Yeoman, maketh oath, and saith, That on the evening of Wednesday last about the hour of eight of the clock that he this deponent as on his own Premises in Brisbane Street in Launceston, in the Cornwall Division of the Island of Van Diemen’s Land aforesaid then and there being in the King’s peace when a man whose name is to this deponent unknown and who as deponent is informed and verily believes is an assigned Servant to one Jourdan a Tailor in Launceston aforesaid came up to deponents gate and was in the act of opening the same to let out deponent’s Cow exclaiming that he would have five shillings for Her in the morning meaning for poundage upon seeing Deponent coming forward he  retreated to the adjoining Yard depondent followed and asked him (the man) what  business he had there and what he intended by opening depondent’s gate when he immediately raised his crutch and struck deponent several severe blows To wit one on the Right Eye and others on various parts of the body and at the same time using most infamous expressions towards Deponent and his deponent’s wife and this deponent therefore prays that Justice may be done.

Sworn at Launceston this fifth day of december in the Year of our Lord one thousand and eight hundred and thirty four; Before me Geo King JP

Thomas Prosser

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Thomas Prosser further saith  the same prisoner William Bailey is the man ? in the aforesaid Information

Thomas Prosser

The prisoner states he was home before eight oclock.

Defence

Henry Shepherd sworn saith I hold a Ticket of Leave On the Third of December instant about Six Oclock in the evening I was passing Thomas Prossers house I saw a Child go and open Mr Prossers gate a woman came immediately and took it away it was not Dark I did not see Thomas Prosser. The Prisoner Bailey was wandering between Prossers and David Williams.

[indecipherable signature]

P8

William Jordan sworn saith – On the night of the third of December instant the Prisoner William Bailey was not at home at Eight Oclock ? when he returned he was ? liquor the head of his crutch was broken.

Wm Jordan

Twenty Eight Days Solitary Conft & on Bread and butter

6th December 1834

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6 Decr 1834

Prosser vs Bailey Prisr.

Assault

Decided [?]

?? this date

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[large oversize page, folded]

Van Diemen’s Land To Wit

AN INQUISITION indented taken for our Sovereign Lord the King at Launceston in the County of Cornwall the sixth and eleventh days of July in the seventh year of the reign of Sovereign Lord William the Fourth by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith before Peter Archer Mulgrave Esquire one of the Coroners of our said Lord the King for the said Country on views of the body of Henry Hunt then and there lying dead upon the Oath of John Keogh, William Milne, Joseph Hudson, George Coulstock, Thomas Fall, Joseph Dell, William Bransgrove, Charles Ross  Nairne, Samuel Farrar, Samuel Mance, James Whitehead and Samuel Salter good and lawful men of the said County duly chosen and being then and there duly sworn and charged to inquire for our said Lord the King when where how and after what ? the said Henry Hunt came to his Death do upon their Oath say that the said Henry Hunt came to his Death in consequence of certain wounds and fractures inflicted upon his head with a Musket by Isabella Kerr on the eighteenth day of June last in defending her Husband James Kerr from a Murderous attack made upon him by the said Henry Hunt at the Nile Rivulet in the County aforesaid of which wounds he lingered and lingering did live until the fifth day of July instant on which day he died in the Colonial Hospital at Launceston and the jurors aforesaid are of opinion that the conduct displayed by the said Isabella Kerr on that occasion was not only fully justifiable but deserves the highest commendation.

AND so the Jurors upon their Oath aforesaid do say that the said Henry Hunt was justifiably slain by the said Isabella Kerr in defence of her Husband James Kerr at the time and place and in manner aforesaid.

IN WITNESS whereof as well the said Coroner as the Jurors aforesaid have to this Inquisition set their Hands and Seals on the days and year and at the place above mentioned.

P A Mulgrave Coroner

John Keogh, Wm Bransgrove, Wm Milne, Chas. Ross Nairne, Joseph Hudson,  Sam Farrar [?], George Coulstock, Saml Mance, Thomas Fall, James Whitehead, Joseph Dell, Samuel Salter (his mark)  Jurors

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[in pencil]

Inquest on Henry Hunt killed by Isabella Kerr in defence of her Husband 1836

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Colonial Secretary’s Office, 25th September 1835

My Dear Sir

I beg to direct your attention to an Advertisement in the Cornwall Chronicle of the 19th Instant setting forth that “Forms for Tickets of Leave” may be had at the office of that Paper and as you are aware that such instruments are issued complete and properly authenticated, from this Department only, I request you will have the goodness to

W Lyttleton Esqre

Police Magistrate, Launceston

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to ascertain and acquaint me with the nature of the “Forms” referred to in this Advertisement.

I have the honour to be My dear Sir Your Very obedient Servant John Montagu

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25 September 1835

Colonial Secretary

Forms of Ticket of Leave at the Chronicle Office

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[half page, torn]

Copy. Inquest on the body of Henry Hunt Launceston 6th & 11th July 1835.

Verdict Justifiable homicide.

P A Mulgrave Coroner

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[half page, folded, written in pencil]

We find that Henry Hunt died of wounds inflicted by Isabella Kerr in defending her husband from a murderous attack made upon him by the deceased; & we are of the opinion that the conduct displayed by the said Isabella Kerr upon the occasion in question, was not only fully justifiable, but deserves the highest commendation.

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18 June 1836 [in pencil top right]

Van Diemen’s Land To Wit

The information on oath of Isabella Kerr wife of James Kerr who  saith on the eighteenth of June last my Husband and I resided on the farm of Mr James Corbett at the Nile Rivulet I saw my Husband in the garden digging Potatoes about two oclock in the afternoon about a quarter of an hour afterwards I was employed in preparing Dinner I heard some one call out Murder I ran to the Door and saw two men struggling together upon the Ground near a Potatoe bed about two hundred yards from the House one of them called out Murder and I knew by his voice it was my Husband I took my Husbands Musket which I saw him load the night before and went up to the men and said which is you Kerr which is you ?  they were so covered with dirt and dressed so much alike that I did not know which was my Husband he however replied this is me I then saw that he was uppermost the man who was undermost had a Pistol pointed against Kerr’s and appeared to be endeavouring to pull the trigger and my Husband  to prevent him I immediately put the Musket to the side of the undermost Man and said to my Husband shall I shoot him my husband said yes but instead of cocking the Gun I threw down the pan and spilled the pruning [?] accidentally I said I have spilled all the pruning [?] shall I hit him Kerr said yes turn your

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your piece. Mary Ann Lucas followed me from the House and was close  to me when I hit the man with the but end of the Musket in the Head when Mary Ann Lucas laid hold of me by the sleeve of my Dress pulled me away and said poor fellow poor unfortunate fellow do not hit him the man whom I have since learned was named Henry Hunt immediately jumped up and swiped [?] the Pistol which he pointed at my Husbands head  and as he rose to do so I struck him again with the Musket upon the head and he fell under my Husband and continued to struggle with him and said to me you Bugger I will shoot you he still held the Pistol in his hand and another laid by the side of him I tried to take the Pistol out of his hand but he held it too fast I struck him altogether four Blows , on the head  and the Musket broke the first or second blow I do not know which and when I struck him the fourth blow he threw his arms open and said strike me no more I am done and Kerr and I turned him on his face and took his Handkerchief off his neck and tied his hands behind him Kerr desired Mrs Lucas to go for a rope which was at the House she returned with it in about twenty minutes with the Rope My Husband said why did you not come quicker she said I could not come quicker we then tied Hunts feet with a rope Mrs Kerr asked him his name he said if you will untie my hands I will tell you my name Kerr refused to untie his hands and the man then said his name was Brown soon afterwards he said give me a drink Henry [?] and my Husband gave him some Water in about twenty minutes

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minutes a cart came from Mr Glover’s Mr James Glover was with it Hunt was put into the Cart and Mr Glover had it driven away and went with it some Men belonging to Mr Glover came with the cart one of them named  Travers said to Hunt well Hunt and Hunt looked at him and laughed   Mary Ann Lucas is Housekeeper to Mr John Senior and they live together as Man and Wife  I Remarked no signs of intimacy between her and Hunt.

her mark Isabella Kerr

Sworn before me this 11th day of July 1836

Signed P A Mulgrave

The information on Oath of Mr James Glover who saith I reside near Mr Corbetts farm at the Nile Rivulet on the eighteenth of June between three and four o’clock in the evening  in consequence of some intimation I received  I went to Mr Corbetts Farm and took  Cart and Bullocks with me  when I got near to the House I saw a Man sitting down in the Garden with his hands tied behind him and his legs tied with a rope it was Henry Hunt I had Known him eighteen months before when he was employed in the Survey Department I had six armed men with me and conveyed Hunt to my Fathers House when we arrived there it was about six o’clock in the evening I had him washed and refreshed with Tea and one of my Men asked him what he meant to do with Kerr when he went to his House he said he meant to shoot

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shoot him to make sure work of  it he said he knew there was half a chest of Tea and a Bag of Sugar in Kerr’s  House and he meant to take that and some Flour and what meat he could find and to carry it on Kerr’s mare to his own place which was behind Mr Simeon Lords Farm he said he never intended to tie Kerr’s hands but he meant to shoot him, he said he intended to shoot him three times. Hunt was perfectly collected when he said this the same night he told me that Captain Sergentson Rode after him and told him to stop and insisted on his going with him but he (Hunt)  said I will never be taken by one Man and if you do not go away I shall certainly shoot you but Captain Sergentson rode towards him again and said he would take him and that he Hunt then shot him dead he did not say that he did anything with the body he said the only thing that hurt his mind was the shooting of Captain Sergentson for he was a good Man and he was sorry he had done it he said that he had shot Humphrey Grey’s Shepherd because that man had appeared against him and got him a second Transportation  Hunt said there was no person with him when he went to rob Kerr’s House he said that he had left his two companions soon after they had attacked Mr Furlongs House but whilst some shots were exchanged they had ran away and left him and that he refused to continue with them on account of their cowardice.  There were four or five wounds in Hunts head when I saw him in Kerr’s garden

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garden and those wounds were in the same state except being washed and dressed with diachelum Plaister when I delivered him at the Gaol in Launceston the next day  Kerr accompanied me with the cart that conveyed Hunt from my House to Launceston and on the way we stopped to refresh ourselves when Hunt said to Kerr I did not expect to be so well treated on the Road and laughed and said “I had it all my own way and if it had not been for your Wife you would have been a dead man in two minutes  Kerr said did you mean to shoot me Hunt replied yes I meant to make a sure Game of it. Hunt said he would answer any questions that I Kerr or Mr Kennedy should put to him Kerr said did you  murder Captain Sergentson Hunt replied yes I did and Humphrey Grey’s Shepherd  Kerr delivered this Piece of a Broken musket to me and said that was the weapon that had done the business when I took it in charge the stock near the breech was covered with blood

Signed James Glover

Sworn before me this 1th day of July 1836

Signed P. A. Mulgrave

The  information on Oath of James Kerr who saith I am overseer to Mr James Corbett at the Nile Rivulet in the afternoon on the eighteenth of June I was digging Potatoes in my Garden about two o’clock I was alarmed by hearing my Dog Bark I turned round and saw a man coming from the Corner of an Old Hut about twenty five yards from me with a Gun cocked in his hand he presented the

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the gun at me and ordered me to stand or he would blow my brains out I stopped and he ordered me to kneel down I did so he then leaped a four rail fence that seperated us into the Garden with the Gun in his hand he turned and came up behind me I looked over my shoulder smiled and said who are you he replied I will very soon let you know who I am his Gun was presented at my back the Muzzle about the length of his piece from it it was cocked and he had his finger on the trigger I wheeled from my knees under the Muzzle of the Gun I rose up threw up the Muzzle of the Gun and seized him by the side of his neck we struggled violently for about two minutes he then drew a pistol from his belt and as he was raising it to present it at me I caught hold of it and prevented him I wrenched it from his hand and it fell on the Ground at our feet he then threw away his Gun and stopped and put out his right hand to the Pistol on the ground he did not recover it and we struggled together for about ten yards when we fell to the Ground the man undermost he then drew another Pistol from his belt and cocked it and put the muzzle of it against the right side of my body I grasped his hand which held the Pistol with both of mine and then called out Murder My Wife came up with my Musket in her hand which was loaded with ball and called out which is you Henry I said I am him My Wife said shall I shoot him I said shoot him she immediately put the Muzzle of my Gun against his side and attempted to cock it but threw the Pin up instead of doing so and the

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the pinning fell out she said the pinning is gone and we have no more shall I hit him I said hit him on the head she stepped to the opposite side took the Gun by the Barrel swung the but over her shoulder and swinging it down hit him upon the Top of his head his Hat was off and the blow broke the stock of the Gun in two parts this is the upper part of it she then told the Man to let the Pistol go he snapped it at my heart it did not go off he then turned it towards my Wife and said I will shoot you you bugger and she struck him again on the head with the barrel of the Gun she told again to let the Pistol go he said he would not I told her to hit him again and she struck him again on the head with the barrel of the Gun Mary Ann Lucas who was present then laid hold of the  ? my Wife’s Dress and said do not strike him again Mrs Kerr poor fellow you will Kill him the man then rose up and almost threw me off him and my Wife struck him again the fourth time with the barrel of the Gun upon his head and he then threw his Arms open and said hit me no more I am done my Wife and I then turned him upon his face and tied his hands behind him with his own Handkerchief and tied his feet with a rope that I desired Mary Ann Lucas to fetch from a Box in my House I sent my Wife to the next farm Mr John Senior came soon after we searched the man and found upon him ten ball cartridges two pistol balls a small Bag full of Buck Shot and about half a pound of Gun Powder in a Powder horn I asked the man his name

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name he said his name was Brown and that he had lived with Doctor Pierton [? Temple Pearson?] of Campbell Town he afterwards said his name was Brooks Mr James Glover came with some of  his men with a cart and one of his Men said that the robber was Henry Hunt I then examined the Man more closely and I then was convinced his Name was Henry Hunt and that he had belonged to Mr Wedge’s Surveying Party with which I had seen him frequently and I was the more convinced it was him because I had observed that he had lost the two upper joints of the forefinger of the left hand and the next day I heard him state that he was Henry Hunt and that he was the Man that had murdered Captain Sergeantson and Mr Humphrey Grey’s Shepherd.

Signed James Kerr

Sworn before me this 11th day of July 1836

Signed P. A. Mulgrave

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The information on Oath of William Secombe Esquire who saith I am Assistant Colonial Surgeon at Launceston I saw the deceased Henry Hunt on the 19th of June last in the Gaol at Launceston his skull was fractured on the left side of the upper and face part of the head and there were several wounds near that fracture I think six, it was necessary to repair him and he was afterwards moved on the twenty first of June to the Colonial Hospital and he remained there under my care until the fifth of July when he died about two o’clock in the morning his Death was caused by the fracture of the skull and the severe blows he had received on his head and I have no doubt that that fracture and wounds were caused by some heavy instrument probably by the but end of a Musket one of the wounds appeared to have been made by some large round hard substance similar to the top of a cock of a Musket I asked him who gave him those wounds he said a Woman but he did not say whom or when or where

Signed, Wm Secombe A. Col. Surgeon

Sworn before me this 11th day of July 1836 Signed, P.A. Mulgrave

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Feb 1835 [in blue pencil top right of page]

? Magistrate Attempted Capture of Circular Head establishment by Armed Convicts

[in feint pencil top left of page]

To His Excellency Sir Eardley Eardley Wilmot Lieutenant Governor of Van Diemens Land

The Humble Petition of James Glen TL per Ship Larkins praying for a mitigation of his 3 years addition

Most Respectfully shewith

That Your Excellencys Petitioner was tried at Edinburgh in November 1830 and arrived in this Colony in October 1831 under a sentence of 14 years Transportation which period has expired

Petitioner on his arrival in this Colony was assigned to the Company at Circular Head and remained in the above service until the month of February 1835 when petitioner was charged by an assigned Servant belonging to the Company with conspiring to seize the schooner Edward

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with others it being the property of the company and upon only his evidence Petitioner was convicted and sentenced to three years in chains which sentence Petitioner underwent at Westbury and Reibeys Ford Parties

Petitioner after having been in chains for two years and four months received a remission of the remainder of that sentence

Petitioner hopes your Excellency will be graciously pleased to take his case into your merciful consideration and be pleased to grant petitioner the indulgence pray’d for

And Petitioner as in duty bound will ever pray

M? 27/11/44 [mark in black pen lower left of page]

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I beg to forward extracts from the Record, and the evidence taken on the occasion.

Mrr Archer P M Circular Head 12 March

The Chief Police Magistrate

Received Police Department March 29 1844 [black stamp]

Transmitted JB 29 March ??

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The Humble Petition of James Glen TL per Ship Larkins Praying for a Mitigation of his 3 years Extention.

Transmitted for the report of the convicting Magistrate Circular Head

? Conpt Genr Off  184?

The CP Magistrate

Referred accordingly FB 3rd Jany ?

The Magistrate Circular Head

I believe Captn Smith was the convicting Magistrate. I know nothing of the case myself. It occurred ten years ago

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The Information of Hugh Holland who being first duly sworn states

There is a plan amongst the prisoners and they plan to take the settlement and the schooner Edward. I am owner of the property we seem to mount an    Western Plains Hut and to take the settlement at night. The persons living at the hut are first to be taken  After drowning arriving Smithton Mr Caspar Mr Mannion and Mr A    they   Mr Cooper into ten to show arms whom than arms before joining going Lton

They were to borrow or steal from Hart, Massey abiding Davis whom they had got arms and ammunition from the stores they were to     Bourke Cottemp George Thomsons and two constables and also Lithgows and  drown all them and march them all down to    They

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Were then to proceed to Mr Currs sworn him his servants and his family in the cellars of his house. No person was to do harm unless resistance was made at them they were to be marched and to remain on the farm. Mrs Curr in particular was not to be hurt. They were then to   and swim all persons to Mr Reeves Mrs Kings and Towns and afterwards    of the Establishment. They were then to   the prisoners who   in the    then having the moon who   to on New Years Day. All those made to be removed as soon as possible to the Cellars of the    It was   to finally take all ten prisoners not in the plot and   them in the storm with the others in own that night got away to Emu Bay to give the alarm. When the people were all missed Mr Currs and the houses of her sister,

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Was to be   for money as it is reported that these and six  thousand pounds in dollars in Mr Currs house. When the Edward, the Company’s schooner arrived from Launceston Capt was to be allowed to come on shore and then seize and a whole part was then to be pushed off and then   taken discharged and then London with what transfer progresss to part in as necessary for the      The men who house given their words to join this plot am myself who am to his the Captain of the land of

Christopher OBryan John Allen James Glen John Knowles Henry Harwood, James Hargrave Andrew Driscoll Lemons Hawkins  visit to me last night   he was ready to join a party of men in any thing. He did not tell him what I was recommended to approach

(in pencil at lower lhs margin

Holland states there     said he was ready to join a party of twenty men.

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To Boton and Chapman but I have not yet       Ferguson has also been recommended. I have been informed that Saunders was to be one. The reason that I give this information of the plot is this, that I    murder would be done   also that I might    away or other lose my own life in this matter. The people who began the plot are Allan and OBryan.

Hugh Holland.

Botton says that Holland had spoken to him (in pencil on rhs)

Rowe have you heard            (in pencil on rhs)

Sworn before me at Circular Head this nineteenth day of January one thousand eight hundred and thirty five.

Edwin Curr John Kirks Hutchinson

Sworn Before us at Circular Head the 4! of February 1835

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(2  and Friday 30th Jany. 1835 in pencil at top of page)

The further information of Hugh Holland who having first duly sworn states I had conversation on Wednesday night last with Allan, OBryan and Glen   Hawkins but said to me suspecting this plot to take the Edward. I told them that Hawkins had said to me what a curious state this   settlement is in now and that I had     Hawkins yes it is      and that Hawkins       firstly it is that no money man found     way they are and no soldier on the Head there   was a prison vessel  that could be easily taken and plenty to land

I told them   I had said to Hawkins   that it could be done but think I did not well know what way. Of said Hawkins twenty men could take this settlement. I told

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Them further then that Hawkins had said that his plan would be to take Highfield first and afterwards to take the

To take the vessel to America that he could not do it without twenty men but that with twenty men should they meet with a vessel they would   damagew  with   I told all this to Allen and the others (Glen and OBryan). Allan and Glen approved of the plan arranged by Hawkins but OBryan said that it would be better to wait till the vessel returned from Launceston.

This conversation was      by Donovan coming upon who found nothing of it. Last night when I went to the Invalids Hut Allen said to see that he had seen Hawkins and had further conversations with him about the plot but as there were many persons present we did not

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Converse further about it then. I have had many conversations with Allen upon this subject within the last fortnight. I had conversations with Allen in the Hay field on the day that the Edward last arrived from Woolnorth. He proposed taking her then and going to Woolnorth to land them. I objected to this plan because I thought it would be giving and leaving  away of having took and I recommended that we await a month until the vessel returned from Launceston. I have had two conversations with Hawkins upon this subject. These were on Wednesday last.

Hugh Holland

Taken and sworn before us, at Circular Head, in the presence of John Allen this thirteenth day of January one thousand eight hundred and thirty seven.

Edward Curr

Sworn Before us at Circular Head 4th February 1835

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John Allen states that he never had any conversation with Holland   the taking of the Edward upon or about three weeks ago in the Hay-fields when Holland said what am  my thinking it would be for   to got  and he answered by taking them        He Allen said that might do for others but it would not do for him as he was a short    man then Holland said how ill     worn off and what fools they were to put up with it. Allan further states that on Saturday night last when Mr Curr had taken two men from the hut to prison, Holland exclaimed what fools they were. They were a  pair of young men and found my way it would be to   the settlement Someone said pooh pooh that’s foolishness.

His mark John Allen

Taken Before us at Circular Head the 30th January 1835

Taken Before us at Circular Head the 4 of February 1835

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(3 and 30th Jany 1835 in pencil at top of page)

The further information of Hugh Holland having been found   in the prisoners and hearing of Christopher O’Bryans he states He never had any conversation with Holland on the subject of taking the settlement or on the subject of taking the Edward. On Saturday night last when Mrs Curr took two men from the Court to prison, it was said by    but said with  by whom what   it was there   should allow themselves to be dominated and in that woman. That it would be   to make their    it was said for the purpose of obtaining redress and that many through the bush in his (OBryans) support. OBryan denies having had any conversation with Holland and Allen in the Hayfield doesn’t them weeks ago on the subject of taking the Schooner. I was not   Holland making any proposal    He Christopher OBryan his mark

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(10 in pencil top centre of page)

James King  assigned servant of the Van Diemens Land Company being first duly sworn sayeth – Hugh Holland has been at times within the last month  into   and present us to take the

He said that us then was now no Magistrate here they would never have

In advising us to go to Launceston    was that    might

To the Magistrates of    they missed him. On  the last       spoken to us upon this subject he worried no sort to go    had complained to    against own Master.  The day before the seven men taken prisoners I had somne conversation with Driscoll suspecting a plot to take the settlement and the Schooner Edward. It took the plan in      when was     try them. Driscoll said that Holland had   said to the men in his hut What would the Port Arthurs men think of this plan? That there was a schooner and think if they would take how they would

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Driscoll asked me if I would like to trust myself in that way. His question was would you like to trust yourself in such a vessel as the Edward? He afterwards said to me that if his    was in the schooner Mrs Curr worn to say you may go to

I replied that I should not like to go to Hobartown in her      I told Driscoll that was, perhaps, land now as advised him to

Five years with the Company and in those years    you started a good of

He would take my advice and thanked me for it. The conversation then

I live at the green brown hut. I have not heard the      mentioned by any other person previous to the man being taken to prison

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There is, no one, except Driscoll, who said any thing to me about taking the settlement.

James King his mark

Sworn Before me at Circular Head the 2nd February 1835

Sworn Before us at Circular Head the 4th February 1835       check these 4 dates

Taken Before us at Circular Head the 4 February 1835

Taken Before us at Circular Head the 30 January 1835

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(4) in pencil top of page

Circular Head 31 Jany. 1835

Present Edward Curr Esqre. And John Hicks Hutchinson Esq.

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of William Lemon and Andrew Driscoll and the said Hugh Holland being duly sworn

William Lemon declines asking any questions

Andrew Driscoll declines asking him the said Hugh Holland any questions

William Lemon states that he had no conversation with Holland respecting any (about taking the Schooner Edward crossed out) plot or taking the Settlement or the Schooner Edward, nor with any other person.

Wm Lemon

Taken before us at Circular Head the 4! February 1835

Taken Before us at Circular Head the 31 January 1835

Hugh Holland on his Oath states that on Tuesday (Night last crossed out) afternoon about 3 or 4 oclock being then an Invalid and in the Invalids hut Lemon came in that he took Lemon to the further end of the Table And said to him well Lemon have you (Lemon crossed out) heard anything of this plot for taking the Settlement and the Schooner and that Lemon said yes he had that Allen had spoken to him respecting taking the Schooner after she arrived from Woolnorth but not respecting taking the Settlement that he Holland told him that

P 43

Allen and Harwood had mentioned to him that Lemon was a fit person to be trusted. Lemon said that he thought it would be a good thing done provided it could be done and they were then interrupted by some person coming into the Hut Holland believes it was Donovan that came in.

Harwood  was in the Hut when Lemon came in (but in pencil) because Harwood knew that Holland was going to speak to Lemon he went out.

The next day about a quarter before 5oc Lemon again came into the Invalids Hut where Holland was and said well (that he was crossed out) I see you had Hawkins here what sort of spirits is he in. Holland said in very good spirits that Holland told him what Hawkins has said and Lemon replied it was a very good thing and wishes it was Sunday Lemon then gave his word to meet the parties at the Western Plains on Sunday previous to this conversation which took place on Wednesday but on the same day Lemon recommended Andrew Driscoll for one of the party and on Wednesday night Holland told Lemon at the Invalids Hut that he had spoken to Andrew Driscoll and he had consented to be one of the party.

Holland cross examined by Lemon. The reason that Harwood tho one of the party left the Hut when Holland was going to speak to Lemon was that Holland had settled that he would not speak to any two together except the two men who had commenced it and Glen.

Holland cross examined by Andrew Driscoll States that he had conversation with Driscoll outside the Door of the Invalids Hut about 8 oclock on

P 44

((4) in pencil top left of page)

Circular Head 31 Jany. 1835

Present Edward Curr Esqre and John Hicks Hutchinson Esq

The information and further Information of Hugh Holland having been read over to him in the presence and hearing of William Lemon and Andrew Driscoll and the said Hugh Holland being duly sworn

William Lemon declines asking any questions

Andrew Driscoll declines asking him the said Hugh Holland any questions

William Lemon states that he had no conversation with Holland respecting any (about taking the Schooner Edward crossed out) plot on taking the Settlement or the Schooner Edward, nor with any other person. Wm Lemon

Taken before us at Circular Head  4 February 1835

Taken before us at Circular Head 31 January 1835

Hugh Holland on his Oath states that on Tuesday (night last crossed out) afternoon about 3 or 4 oclock being then an Invalid and in the Invalids hut Lemon came in that he took Lemon to the further end of the Table  Then said to him well Lemon have you heard anything of this plot for taking the Settlement and the Schooner and that Lemon said yes he has that Allen had spoken to him respecting taking the Schooner after she arrive from Woolnorth but not respecting taking the Settlement. That he Holland told him that

P 45

Allen and Harwood had mentioned to him that Lemon was a fit person to be trusted. Lemon said that he thought it would be a good thing done provided it could be done and they were then interrupted by some person coming into the Hut. Holland believes it was Donovan that came in.

Harwood was in the Hut when Lemon came in (but in pencil) because Harwood knew that Holland was going to speak to Lemon he went out.

The next day about a quarter before 5 o’c Lemon again came into the Invalids Hut where Holland was and said well (that he saw crossed out) I see you had Hawkins here what sort of spirits is he in.

Holland said in very good spirits that Holland told him what Hawkins had said and Lemon replied it was a very good thing and wished it was Sunday Lemon then gave his word to meet the parties at the Western Plains on Sunday previous to this conversation which took place on Wednesday but on the same day Lemon recommended Andrew Driscoll for one of the party and on Wednesday night Holland told Lemon at the Invalids Hut that he had spoken to Andrew Driscoll and he had consented to be one of the party.

Holland cross examined by Lemon. The reason that Harwood tho one of the party left the Hut when Holland was going to speak to Lemon  was that Holland had settled that he would not speak to any two (crossed out?) together except the two men who had commenced it and Glen.

Holland cross examined by Andrew Driscoll states that he had conversation with Driscoll outside the Door of the Invalids Hut at about 8 oclock on

P 46

Wednesday night. That he asked him if he was inclined to be one of the party to take the Settlement and the Edward Schooner. Driscoll asked who were to do it. Holland answered he did not wish to tell him the names but if Driscoll would meet him on Sunday next at the Western Plains Hut he would see all that were to be in it. Driscoll then gave his word to be in it and meet the parties at the Western Plains after Church time on Sunday next.

Holland has had no conversation with Driscoll on this subject neither before on since.

Hugh Holland

Sworn before us at Circular Head the 4 February 1835

Sworn before us at Circular Head the 31 January 1835

Edward   ?

Andrew Driscoll denies having any conversation with Holland on the subject of the plot or any other person or that he heard of any such proposition as to take the Edward. He states that he was in Bed at the Grubbers Hut more than qr a mile from the Invalids Hut on Wednesday night at 8 o’clock. Denies having met Eldridge at the Invalids Hut on Wednesday night. He saw Eldridge at the Invalids Hut on Tuesday night about 20 minutes after 6 o’clock. Does not know whether Holland was there or not.

Andrew Driscoll

Taken before us at Circular Head the 31 January 1835

Taken before us at Circular Head the 4’ February 1835

(notes in pencil on lhs of binding

.. states that he had   Driscoll at Invalid’s Huyt at time …..

…states  .saw Driscoll.. Invalid’s Hut 8 o’clock on      day)

P 47

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of John Knowland being duty sworn (crossed out)

John Knowland declines asking Holland any questions

John Knowland states that he never had any conversation with Holland about taking the Settlement or the Schooner Edward or with any other person. Has heard that it would be a good chance for a man to get his liberty. Does not know who the people are that spoke about it. Thinks the last time it was mentioned when the Brig was taken from Macquary Harbour and the people came here on their way to Launceston.

John Knowland

Hugh Holland on his Oath as aforesaid States. I met Knowland yesterday morning in the cow pasture he asked me what I thought of this job. I told him what passed between me and Hawkins on Wednesday night and I told him I thought the plan would do very well. He thought with 20 men we could take the vessel and when out at sea should they meet a Brig or Ship they could easily take her as he had been in the Patriot Service and had seen such a thing done. It was then  agreed that Knowland

(in ink written on the right hand side margin of binding

Taken before us at Circular Head the 31 Jany 1835

Taken before us at Circular Head the 4 February 1835

P 48

(in pencil at top of age 5 31st Jan y 1835)

Knowland should meet me and the rest of the party at the Western Plains Hut on Sunday next after Prayers. Knowland mentioned to me that when we met on Sunday we should not part in less parties then three less some body should tell. I have had many conversations with Knowland upon the Subject of taking the Settlement It is upwards of a fortnight since I had the first conversations with Knowland. Knowland and I have conversed about the matter several times but he did not consent til within the last week to be one of the party.

Edward Curr    Hugh Holland

Sworn Before us at Circular Head  the 4 February 1835

Sworn Before us at Circular Head  the 4 February 1835

Henry Eldridge an Assigned Servant of the Van Diemens Land Company on his Oath saith that I had no conversation with Driscoll or Lemon this morning. I was not at the Invalids Hut or as we call it the big hut on Wednesday Evening last. I was there on Tuesday night at a little past eight oclock. Lemon and Driscoll were there then. I spoke at that time with Driscoll at the big hut. They came away from the big hut with me and we continued together till we came to Mr Kings when we parted they went on towards the Grubbers Hut and I stopped to speak to Mr King. I do not know whether Holland was at the big hut when I was there or not. I know that it was on Tuesday because it was the day we left of pea cutting we were allowed to leave when we finished which was a little before our usual time. I was not above ten minutes in the Hut. Driscoll and I shook hands in the hut. I (cant crossed out) saw Lemon there I cannot say whether I shook hands with him or not.

(In pencil on left hand margin of paper

.. states that  Driscoll was …20 minutes ….

…. Hollands ……..)

P 49

Henry Eldridge cross examined by Holland I was not having a lark with Lemon or Driscoll on the night I was in the big hut to the best of my belief I did not shake hands with Lemon. I am sure I did not shake hands with Holland. I did not sit down in the hut. Lemon and Driscoll did not remain in the hut four or five minutes after me nor half a minute. It was nearly half past eight when I quitted the hut after supper at Six oclock on Wednesday night I never quit the Painted hut where I live

Henry Eldridge his mark

Sworn before us at Circular Head the 31 January 1835

Edward Curr

John Donovan an assigned Servant of the Van Diemens Land Company who on his Oath Saith on Wednesday afternoon last I was at work at the Quarry I do not recollect seeing Holland about the hut. I did not see Holland speak to any one that afternoon. I do not recollect seeing Hawkins that afternoon. After Mr Curr took the two  men from the painted hut on Saturday night last and had been gone about five minutes Holland got up and said don’t you see the Settlement staring you in the face why don’t you one and all get up and take the settlement and gain our liberty. I answered Holland hold your tongue about such things as that you ought to know better and don’t go to poison the minds of men in this manner. He said nothing further publickly in the hut but went walking up and down speaking to one and the other   some

(Sworn Before us at Circular Head the 4 February 1835 in margin on right hand side)

P 50

Some day last week Holland said after dinner in the Hut what is the good of being starved alive here there is no magistrate here now let us all go through the bush and I’ll lead you and me will find others to join and we will get clear of the place. The same Evening Holland said to one Donovan won’t you go I told him not to speak to me about such things as that as my Sentence is too short for me to risk any thing of the kind. Holland repeatedly spoke to me to be one of a party to do something to get our liberty I have always declined having anything to say to him. (I did crossed out)

Donovan cross examined by Holland I did not go into the big hut on Wednesday afternoon complaining of the head ach nor did I see Hawkings coming in there. I was not in the big hut that day at all but I might be there at night. I do not recollect passing Holland and Harwood walking together between the big hut and John Thompsons hut when going through the bush (was spoken of above line). Holland did not propose (crossed out) oppose it but recommended it. Holland did not say that unless he had some grounds of complaint against their Master they would get an additional sentence by going through the bush.

Donovan re-examined has never heard there was anything in   .. respecting taking the Schooner or the Settlement has not heard that Holland made any such proposition to any other person. On Tuesday Evening I was at the Big hut at eleven o’clock. I might remain there an hour. I think Allen was there. I do not     recollect

P 51

Seeing Holland there. I do not recollect any one else that was there. I do not remember seeing Eldridge there but he  might have been there nor do I remember Lemon or Driscoll there were several persons there but cannot recollect who they were. On recollection I think Hugh Holland  was there when I was coming away outside the hut there were four or five others with him. I am sure Holland was there. I am almost sure Beach passed the party when I did and came away. I do not remember whether Allen was outside at the time. I do not remember whether Obrien was there or Glen. Some were sitting and some were standing and I went through the midst of them. Holland Ithink was one of three who was sitting. I am sure it was not on Wednesday Evening as I took Haynes bed down to him he having been sentenced to confinement. On my return from leaving Hayne’s bedding I think I called at the Big Hut it might be about eight oclock. I recollect seeing Harewood there. Lumby went into the Hut with me. We remained there about a quarter of an hour. I do not recollect seeing Holland there.

Donovan cross examined by Holland.

I met Holland one Evening this week carrying his bed from the Big hut to the painted hut. I was then coming from the painted hut Duke was with me carrying Haynes’s bed. I do not think this occurred the night after. I saw Holland sitting with the other men at the Big hut. On recollection I think this occurred two nights   after

(pencil comments in margin on rhs)

P 52

(in pencil at top of page 6    31 Mar)

After and I am positive it was on Tuesday night I saw Holland at the Big Hut.

John Donovan

Sworn before us at Circular Head 31 January 1835

Sworn before us at Circular Head 4 February 1835

The Information and further Information of Hugh Holland having been read over to him in the presence of and hearing of James Glen.

James Glen declines asking Hugh Holland any questions.

Hugh Holland on his Oath states I have not on the subject of taking the schooner had many conversations with James Glen. On last Wednesday evening we conversed together on the subject. Glen recommended that the settlement should be taken on Sunday night, and not to wait till the Edward returned from Launceston for fear that something might occur to prevent it from being done. He said that delays were dangerous. Glen said that the Vessel was to be taken when she arrived from Woolnorth last time; that there was always something occurring to stop a thing being done when once it had been arranged. I told Glen that we should await the decision that should he come too. Sunday at the Western Plains Hut where they were all to meet. We parted with the understanding that we should all meet at the Western Plains on Sunday afternoon.

Hugh Holland

Sworn before us at Circular Head the 4 February 1835

Sworn before us at Circular Head the 31 January 1835 Edward Curr

P 53

James Glen states that he was not at the Invalids Hut any time on Wednesday. Cannot say that he saw Holland on that day. He is sure he had no conversation with him. I was at my hut on Wednesday afternoon. I went there immediately after the bell rang and I did not leave the hut the whole of that Evening. I went to bed a little after dark; it might be nine or ten oclock. On Tuesday last I went home to my hut immediately the bell rung and I did not leave it again that evening. I live at the painted hut. I did not see either Allen or O’Brien anywhere on that Evening except in our Hut. I have heard it lately said that if this place did not mend many of the men would go to Launceston thro’ the bush.

James Glen my mark

Taken before us at Circular Head the 31 January 1835

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of Henry Harewood

Henry Harewood declines asking Holland any questions.

Hugh Holland on his Oath states on Tuesday afternoon I saw Harewood at the Invalids Hut. I asked him if he would be willing to join a party to take the Settlement and the Schooner Edward. He told me that he should be very glad to do so, but that he had   then

Taken before us at Circular Head the 4 February 1835

(pencil notes on rhs column of binding)

P 54

Then something else in his head. I asked him what it was, and he said that he did not wish to tell me, but that he had three bullets for that purpose; and should he not be approved of by the rest of the men on account of his being a boy, he would then do something by himself, but that no one should know it but himself lest any one should inform against him. I told him that I thought the others who were in the party would not disapprove of him because that, as he was a carpenter, should anything happen to the Vessel he could repair her. Very well, said he, if they like to have me I shall play my part. He said that he would give his consent to the plot. I then told him that we were all to meet at the Western Plains Hut after Church on Sunday. Harewood replied that he would leave the Invalids Hut on Saturday so that he might go out to the Western Plains on Sunday without being noticed. In parting Harewood again said that should he not be approved of he would do something by himself but that no one should know it but himself. He shewed me three bullets. I said to him these will do, and he then went and planted them at the further foot of the bed opposite the door, between the bedstead foot and the wall.

On Wednesday night I again saw Harewood at the Invalids Hut and acquainted him of what passed between me and Hawkins, he acquiesced in what Hawkins had said to me, and said that he was very glad of it, and wished tomorrow was the day. He said that he would be sure to be at the Western Plains hut on Sunday as arranged the day previous. I had no ( t had any crossed out)  conversation with Harewood at that time about taking the Schooner

Hugh Holland

Sworn Before us at Circular Head the 31 January 1835 Edward Curr

Sworn Before us at Circular Head the 4th February 1835

P 55

Henry Harewood denies having had any conversation with Hugh Holland on the subject of taking the Settlement or the Schooner. I was not out of my Hut at all on Wednesday night. Cannot say that Holland was in the Hut that Evening – does not recollect seeing Eldridge at his hut on Wednesday Evening; neither did he see Lemon or Driscoll. Has no recollection of seeing either of these at the Hut on the Evening previous to Wednesday. I have resided at the Invalids Hut for the last week. I deny ever having shewn any balls to Holland. I never had any conversation with him respecting them on Wednesday afternoon I recollect walking with Holland to the end of the hut. I do not recollect any one pass at the time. I did not see Hawkins at the Invalid’s Hut on Wednesday.

Henry Harewood

Taken Before us at Circular Head the 31 January 1835

John Higgs (?), an assigned servant of the Van Diemen’s Land Company, being first duly sworn states:- On last Thursday I was working with Hugh Holland at the Western Plains. Holland said to me that he would throw a hammer away before he was a work order. I would no reply to this. He then asked how I would ? ? in the Schooner for my liberty. I told him, no; and he replied that he, (Holland) was the man that would do to. The conversation then dropt, and I know no more confirming it.

John Higgs his mark

Sworn Before us at Circular Head the 4 February 1835

(In margin on rhs of page

Taken Before us at Circular Head the 4 February 1835

P 56

(pencil note (7) top of page)

Circular Head 2 Feby 1835

Present Edward Curr Esqre and John Hicks Hutchinson Esq

The Information and further Information of Hugh Holland having been read over to him in the presence and hearing of James Haynes

James Haynes declines asking Holland any questions

Hugh Holland on his Oath States I had conversation with James Haynes to take the Settlement and the Schooner on last Sunday but one when I was cutting his hair at the Painted Hut. I asked him if Allen had spoken to him respecting what was going to be done and he said he had not. I told him Allen was to have spoken to him respecting taking the Settlement and the Schooner he asked me if it was going to be took I said it was I asked him if he would be one he said he would but he doubted it would not come to pass. I asked him if he would give me his name to be one. He said he would. And that he would make old Curr swet. I told him we should have a meeting at the Western Plains hut on Sunday and he promised to meet us there. This was in the morning a little before Mr Curr and Mr King came to the Invalids Hut. On Tuesday

P 57

Tuesday last he came into the Big Hut and he asked me if this was going on or not and whether I thought it would come to a head and I told him I was sure it would. We did not say more just then as Harewood was in the Hut and I was not to speak to two persons together except Allen Christy and Glen. On Monday Haynes had been punished and after the Conversation I looked at his back to see how men were punished here. Harewood was present and I think also Donovan. Haynes said it did not hurt him much. He put on his Shirt and went out of the Hut to his Work. This was in the afternoon near upon three o’clock. He left his team I understood him in the Cow Yard where he was loading dung.

Sworn Before us at Circular Head the 2nd February 1835

Edwin Curr

Sworn Before us at Circular Head the 4th February 1835

James Haynes states that on Tuesday last he was not loading dung nor had  not his Bullocks in the Cow Yard but that he was loading Timber from the Old Stores to the Carpenters Shop. Holland cut his hair on Sunday Morning as he states. Holland looked at my back in the Invalids Hut the day after I was punished. Knowland and Harewood were present. Donovan was not there I cannot tell what time of the day it was, then says between twelve and one. Haynes states he will not answer any more such questions.

Haynes declines signing his Statement.

Taken Before us at Circular Head the 2d Feby 1835

Taken Before us at Circular Head the 4 Feby 1835

P 58

Hugh Holland further on his Oath states That Knowland was not present in the Invalids Hut when he looked at Haynes’s back and that it did not occur between twelve and one at dinner time.

Sworn Before us at Circular Head 2nd February 1835 Edward Curr

Taken Before us at Circular Head the 4 February 1835

As Haynes was being removed from the Question Room Harewood & Knowland were waiting outside. I went out with Haynes to see that he had no common nicatarre with them, and he shouted out to them the evidence they were to give respecting the inspection of his back by Holland.

Edward Curr

Henry Harewood states that he saw Haynes back after he was punished in the Invalids Hut. I could not say whether it was Morning or afternoon.I can’t say it was during dinner time. Holland was present. I cannot say that Knowland was present nor can I say was Donovan present. I could not say that it was the same day that he was punished but it must be either (one or the Other,  crossed out) that day or the day after. Henry Harewood

Taken Before us at Circular Head the 4 February 1835

Taken Before us at Circular Head the 2d February 1835

P 59

John Knowland states I saw Haynes back in the Invalids Hut after he was punished I can’t say it was the day he was punished or the day after. I do not know whether it was in the forenoon or afternoon or when it was. Holland and Harewood were present. I do not think Donovan was present. Holland was the person who examined Haynes’s back.

John Knowland

Taken Before us at Circular Head the 2d February 1835

Taken Before us at Circular Head the 4 February 1835

Thomas Bates Assigned Servant of the Van Diemens Land Company being Duly Sworn States. Holland was at work with me in the pea field the week before last and he drop’d work being sick I think on Friday on that day in the Painted Hut he advised that when we got our rations on Tuesday that we should all start for Launceston. That there was no Magistrate here and that we could get away as the Chain Gang in Launceston was a fool to this. On Saturday Night I was going from the Carters Hut to the Painted Hut and I fell in with Holland and we went on together. I said to Holland I should think the men would not be so foolish as to go through the bush. He replied that if they did go they would get twelve Months in the Chain Gang but

P 60

(8 and 2d Feby in pencil at top of page)

But that if he could get ten men in his mind he would kill all the people below and then go up to the head and serve them the same there and then go and take the Schooner and get his liberty. He asked me if I would be one I answered no. my sentence was short I could wear that without doing such things as those. I did not mention this conversation to anybody until the men charged in this plot were locked up for I believe he was the ring leader of all and the instigator of all that has been done. I thought the proposal was a pack of foolishness altogether.

Thomas Bates Cross examined by Holland. The advice given by Holland in the Hut was on that day he fell sick. It was some day the latter end of the week. I am sure this advice was given before Saunders and Hart were taken out of the painted hut on Saturday night. I know particularly the conversation respecting killing all below and on the Head took place on the Saturday Night and that it was (after crossed out) a day or two after the advice that Holland gave in the Hut. It was on the Saturday Night that Mr Curr took Saunders and Hart from the Painted Hut that Holland spoke to me about killing the people. I am positive  I have had no conversation with Holland since that time.

Thomas Bates his mark

Taken Before us at Circular Head the 4 February 1835

Sworn Before us at Circular Head the 2nd February 1835

P 61

William Green an assigned Servant of the Van Diemens Land Company being duly Sworn States. On last Thursday evening I had conversation with Holland in the Painted Hut he asked me if I could supply him with some gun powder I replied that I could not supply him with any. I asked Holland what the powder was for if it were to shoot birds he  answered that it was not that it was for quite another thing.he said that he had a party of ten men ready to take the Edward when she returned from Launceston. He asked me if I would join the party. I answered him no this conversation took place at the fireside the rest of the men were at the further end of the Hut and there was no one but Holland and I together. Nothing at all was said about making up a party of twenty men for my purpose. I did not mention the conversation that passed between Holland and me till after the men were apprehended This conversation passed the night previous to the apprehension of the men. I do not remember that Duke came in and interrupted our conversation I think it was near nine oclock at night. After the conversation I went to the Green bower Hut and stayed there half an hour.

William Green his mark

Sworn Before us at Circular Head the 2d February 1835

Sworn Before us at Circular Head the 4 February 1835

P 62

James Rowe an assigned Servant of the Van Diemens Land Company being duly Sworn States. On Monday night last when I was taking down the bread for Haynes who was in Confinement I had to pass the Big Hut. Holland was there and Donovan and several other men I remember Holland and Donovan and what they said to me. This was a little before dark. I returned as soon as I delivered the bread for Haynes and it was dark before I got back to the Big Hut. I then went into the big Hut and stayed a few Minutes there were several men seated about a good fire. Holland and Harewood were two of them but I cannot say who the rest of the men were. I cannot say whether Lemon was there or not or Glen or Donovan or Eldridge or Driscoll or Allen or MacNulty or Homer or O’Brien or Beech.

James Rowe

Sworn Before us at Circular Head the 4th February 1835

John Hart an assigned Servant of the Van Diemens Land Company being duly Sworn States.  Taprell Mr Schayers’s Servant told me nearly three months ago that he believed there were some men going away he (ask crossed out) did not say anything to me about blue clothes he asked me if I had a pair of blue Trowsers to sell him I refused to sell them he did not tell me to take care of my blues. He did not tell me the Schooner was to be taken

P 63

This time as afterwards it was not likely to bring provisions. I have not told James Hay any such things as this. I have not had any conversation at all with James Hay about the Schooner. I told James Hay Taprell wanted to buy a pair of blue Trowsers from me but I would not sell them when I was sworn just now I might have kissed my thumb instead of the book.

John Hart his mark

Sworn Before us at Circular Head the 2nd February 1835

Henry Hutchi (n crossed out)son an assigned Servant of the Van Diemens Land Company being duly Sworn States last Sunday week the Cows had got into  Preston’s field and Hugh Holland Eldridge and myself were going to drive them out when some one shouted there goes Hughy Holland the Irishmans Son. Holland turned round and said if I had ten men more like myself I would have my liberty in a fortnight.

Henry Hutchison

Sworn Before us Circular Head the 2nd February 1835

P 64

(9 and 2d Feby in pencil at top of page)

James Hay an Indentured Servant of the Van Diemens Land Company being duly Sworn States. John Hart the Shoemaker told me on Friday that Mr Schayers Servant Taprell had told him to take care of his blue clothes that such things would be wanted. That some of the men had it in view to take a Whale boat. Jas Hay

Sworn Before us at Circular Head 2nd February 1835

Edward Curr

Henry Sheldon Field Police Constable of Circular Head being first duly Sworn States. I had some conversation with Saunders on Wednesday last I believe about Bromleys robbery.

Henry Sheldon his mark

Sworn Before us at Circular Head the 2nd February 1835 Edward Curr

P 65

Information & Examination in Case of Alleged Conspiracy to take the Schooner Edward &  Settlement of Circular Head Jany 1835

P 66

(Printed document in bold)

POLICE OFFICE, HOBART,

February 3rd 1835

IMMEDIATE.

MEMORANDUM.

His Excellency The Lieutenant Governor having ordered the Convicts  named in the Margin to be disposed of in the manner set forth opposite their respective Names

The Police Magistrate at Richmond will forthwith cause their removal from the Gaol of his District to their respective stations of Punishment.

N.B. In all cases of Prisoners being ordered by the Lieutenant Governor to Port Arthur, they will be sent to the Prisoners’ Barracks at Hobart.

(following names written vertically on left hand side of page)

David Evans 241 To be removed from his Services and sent to Restdown Assignable Gang

James Clarke 709 Returned to Government and sent to Bagdad Bridge Assignable Gang

Edward Tingay 644 To be Imprisoned and kept to hard labor for Three Months in Grass Tree Hill Chain Gang and afterwards to remain in the road party under his former Sentence.

Hannah Lloyd 821 Original Sentence extended One Year to be returned to    and sent to the Factory Hobart Town

P 67

Hugh Taylor 789 To be returned to Government and sent to Perth Assignable Gang

William Bell 1101 To be Imprisoned and kept to hard labor two Months in the Grass Tree Hill Chain Gang and afterwards to be sent to Restdown Assignable Gang

Joseph Wilkins 952 To be  Imprisoned and kept to hard labor One Month in Grass Tree Hill Chain Gang and afterwards to be sent to Restdown Assignable Gang.

William Ogden 94 To be Imprisoned and kept to hard labor Two Months in Grass Tree Hill Chain Gang and to be returned to the road party

Elizabeth King 49 Eight Weeks in the Female House of Correction Hobart to be kept at the Wash Tub and returned to Government service.

James Murdoch 932 To be Imprisoned and Kept to hard labor Nine Months in Grass Tree Hill Road Party and returned to Government Service.

P 67

Mary Kennary To be Imprisoned and kept to hard labor at the Wash Tub Two Months at the Factory Hobart Town

(written vertically on lhs of page)

P68

P69

Distress Warrant (1835 in pencil top right of page)

Island of Van Diemen’s Land, To Wit

To Mr Anthony Cottrell Chief Constable of Launceston (in ink) the said Island, and to all petty Constables and other whom it may concern

Whereas Joseph William Bell of Launceston in the said Island was on the twenty first day of February 1835 at Launceston in the said Island, duly convicted, before William Lyttleton, Henry Arthur and Ronald Campbell Gunn Esquires – three

Of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, upon an Information in that behalf duly exhibited before me the said Ronald Campbell Gunn Esquire

For that he the said Joseph William Bell on or about the ninth day of January 1835 did sell barter or exchange a certain quantity of Wine above the quantity of five Gallons to this eighteen gallons of Wine more or less. The said Joseph William Bell not being duly licensed as a Wholesale Dealer in Wine and Spirituous Liquors

Contrary to the Provisions of the Act in Council of this Island, No: 5 of the 9th of Geo. 4th entituled “An Act for the Licensing of Wholesale Dealers in Wine and Spirituous Liquors

By which said Offence, and by Virtue of the said Act, he the said

Joseph William Bell

P 70

Became liable to pay the Penalty or Sum of Ten Pounds besides the Costs and Charges of the said Conviction, which Costs and Charges were on the said twenty first day of February ascertained and assessed at the Sum of  Ten Shillings the said Penalty or Sum of Ten Pounds to go and be distributed as in and by the said that is provided

And it appearing to me the said Justice, that the said Joseph William Bell hath neglected to pay the said several sums, or either of them, or any part thereof, and that the same still remain unpaid, I do therefore herby authorize and require you the said Constables, or either of you jointly or severally to forthwith make distress of the Goods and Chattel’s of him the said Joseph William Bell

And if within the space of five days next after such Distress by you taken the said penalty or Sum of Ten pounds and also the Costs and Charges of the said Conviction shall not be paid, that then you  do cause the said Goods and Chattels by you seized to be appraised and sold, rendering the overplus, (if any), to  him the said Joseph William Bell after deducting the said Penalty or Sum of Ten Pounds and Costs and Charges as aforesaid, as well also the Costs and Charges and all incidental expenses

Of the said Distress and Sale and which said Penalty or Sum of Ten Pounds you are to pay to me the said Justice to go and to be distributed, as is herein-before mentioned, and if sufficient distress cannot be had or found whereupon to levy the said Penalty or Sum of Ten pounds and Costs and Charges as aforesaid, you are herby required to certify the same to me, together with the return of this precept. Herein fail not.

Given under my hand and seal at Launceston this  seventeenth Day of March One Thousand Eight Hundred and Thirty five

Ronald C Gunn JP

P 71

Joseph Wm Bell Distress Warrt. Fees & Costs     10.10.-, Warrt & Serv -10.8, 11.0.8

P 72

Copy ( crossed out) Extract

Received Police Department March 29 1845 (black stamp top right of page)

Police Office, Circular Head 5th February 1835

Present Malcolm Lang Smith and I H Hutchinson Esquires

John Allen, Alfred Hawkins, Andw. Driscoll, Wm. Leman, Jno. Knowland, James Glen Heny. Harwood, James Haynes and Christopher O’Brien

Convict Servants to the V  D Land Company. Examined on charge of Insubordination (see accompanying Informations). Plea: Not Guilty

Sentence “We find the Prisoners Guilty and sentence Alfred Hawkins, John Knowland, and James Glen, to have their original sentences of Transportation extended three years and recommend that they be worked in a Chain Gang. Jno. Allen to have his sentence of transportation extended three years and recommend  be sent to Port Arthur. Christopher O’Brien to be transported to Port Arthur three years and Henry Harwood two years, also James Haynes two years, and Andrew Driscoll and Wm Leman to be Imprisoned and kept to hard labour two years.”

P 73

To His Excellency Sir Tno (?) E Eardley Wilmot, Bart. Lieutenant Governor of Van Diemens Land, &c. &c.  &c.

The Petition of James Glen per “Larkins” (14 yrs) praying remission of sentence of Extension.

Respectfully Showeth That your petitioner arrived in this Colony in 1831, under sentence of 14 years Transportation and in January 1835, was tried on suspicion of conspiring to take away the Schooner “Edwards” from the VDL Company at Circular Heads and on one mans Evidences received sentence of 3 years extension in chains, to his original term of Transportation. I your petitioner accordingly underwent the three years in chains in “Launceston” & “Westbury” Chain Gangs.

That your petitioner has been for several years employed as overseer in the Roads Department and has endeavoured by assiduity and zeal in the discharge of his duty to earn the confidence of his Superiors, and render his Services beneficial to Government and petitioner has also been employed for a considerable period in the Constabulary of the Territory in which capacity he has also attested himself to the best of his ability in the apprehension of several absconders and the other duties of his Situation. that your Petitioner humbly refers

P 74

Refers to the Testimonialy  herewith annexed and the  length of Time has been in the Colony almost all of which period he has been in the service of Government, and also to the fact of his original sentence having expired in November last – and therefore humbly prays – That your Excellency will take his case into your humane consideration, and in consequence of his original sentence having expired – of the recommendations hereto annexed – and of the fact that the sentence of extension he now labours under was passed on petitioners on the evidence of one Witness, & that only on Suspicion of a Conspiracy, which was never attempted to be carried with effect – that your Excellency will be graciously pleased to order a remission of the sentence of three years  Extension so passed upon from Petitioner as above mentioned

And Your Petitioner Will Ever Pray James Glen Hobart Town Penitentiary 9th April 1845

P 75

This is to certify that I have known the petitioner for three years to be a honest and industrious man

James Robertson

P 76

The petition of James Glen per “Larkins” for remission of sentence of  Extension

P 77

(black stamp top left of page Received Princl. Super… Department September 22 1841)

234 41

To His Excellency Sir John Franklin KCMB K Lieutenant Governor of Van Diemens Land and its Dependencies &c &c &c

The Humble Petition of – No 493 Robert Fergusson – per “Larkins” Most respectfully sheweth – That your Petitioner arrived in this Country per “Larkins” in Octr. 1831 under sentence of Transportation for “Life.” – That in October 1837 Your Humble Petitioner was sent to Port Arthur under a Colonial Sentence of “Life” for a period of Five years – That your Petitioner has performed “four years” of the sentence to this Settlement and has been employed as Overseer at Out Stations for

P 78

A long period and being employed in a trustworthy manner has proved himself deserving of it.

The Prayer of Your Humble Petitioner is that Your Excellency in consideration of the long period of his servitude his conduct and testimonial annexed may grant him a remission f the remainder of his Sentence – and his life will prove  the sincerity of his gratitude card (?) Your Humble Petitioner as in duty bound will ever pray &c &c &c

The Conduct of the Memorialist has been very exemplary and deserving – an attentive and industrious man Charles O’Hara Booth … Port Arthur 22 Sept 1841

P 79

The Humble Petition of No 493 Robt Fergusson praying for remission of sentence

P 80

(black stamp at top left of page Received Princl. Superint’s Department May 3 1842)

42

To His Excellency Sir Jno Franklin KCMNK Lieutenant Governor of the Island of Van Diemen’s Land &c

The humble petition of 641 George Farris per Chapmans & holding a Ticket of Leave and praying for such further indulgence as His Excellency may deem him deserving of Most Respectfully Sheweth that your Excellency’s petitioner was tried and convicted at the Supreme Court Launceston on the 11th February 1834 and received Sentence of Transportation for Life and arrived at Port Arthur on the 19th October following where after the regulated period he was as a reward for good conduct placed in a Situation and in Consequence of a Steady Perserverance in such Conduct was on the 1st June 1838 Appointed to the Constabulary of the Peninsula in which he is Still Serving – That

P 80

That petitioner most humbly begs to state that he has for some time past been in charge of the Constables Station at Wedge Bay during which he has apprehended various Absconders both from the Settlement and out Stations and some of them of very bad character but he more particularly wishes to bring under the notice of Your Excellency that he with a party under his orders apprehended and brought to Justice Eleven most notorious Characters who had absconded from Port Arthur and were under Arms Nine of whom had recently arrived from New South Wales and among whom was the Notorious Westwood Alias Jacky Jacky – Petitioner therefore most humbly hopes Your Excellency will be good enough to take the Above into Consideration – the strict line of conduct he has pursued since his Conviction – the length of time he has been at Port Arthur / Nearly Eight Years – four of which in the Constabulary/ together with the testimonials hereunto annexed and be pleased to  extend to him such further indulgence as Your Excellency may deem him deserving of

And Petitioner as in duty bound will ever pray George Farris Port Arthur 28 April 1842

P 81

It affords me much satisfaction to be able from observation of petitioner good conduct since he has been at Port Arthur & in the constabulary to recommend the prayer of his petition for the favourable consideration of His Excellency the Lieut. Governor T L Lempriere DAcy. JP 30/4/42

The Conduct of the Memorialist has at all times been most exemplary and deserving – intelligent and above in his duties – Charles OHara Booth Com

P 82

(Written  vertically on left hand margin of page

Referred for report of The ? ?/////17/3/45)

Prisoners Barracks, Hobart 4 March 45

Respect’d Sir I most humbly beg to be permitted to intrude on your valuable time under the following circumstances on the November 4 1843 I was taken to the WatchHouse at Brighton under a charge of having detained a letter and on being taken there I was searched and the Watch House Keep Nichols took From me 4- a Constable named McDonald being present at the time and whose attention I called to the Circumstance, and also my Master Mr Thornloe the

John Price Esqure. ??

Next day on my examination before Mr Forster the P Magistrate of Brighton stated that he was aware of my having the money & that it was honestly come by, by me. I therefore Respectively he most humbly pray that you will see into my case that I may be allow’d to have my money when ?   ?  due for my indulgence and I shall be ever very grateful for the Same

I have the honour to be Respectfully Your obed servt  Jeremiah Nicholls Pt. Canton

19/3/45

P 83

Jeremiah Nicholls Arr Van Diemens Land 12 January 1840

No 501 Pr. Canton tried at Sussex 29 July 1939. 15 years

(written across left hand margin in black ink Trade Labour Age 26 years in 1843)

(below in red ink)

Tranfported for  Burglary Goal he put convicted twice before. ? Report Good Single stated thy offence HouseBreaking for coin      and black duck single   Report Tolerably good

Novr. 4/43 BW Ferry/ Having two letters addressd to J Espire & Certificae of Freedom of Harley Wilson in his Box & not being able to satisfacy account for the same to be removed from the Station to the Public Works Hobart

Novr. 22/43 PW/absent from the PBks at night six days Sol Conft. 14/6/44 3 Glass 26 Novr 44 ? Misconduct in representing himself free and being in a common brothel  3 mos   Glenorchy Roe L G Decis 29-11-44

P 84

I recommend this   ? hand over  to the Registrar  place din Savings Bonds for the Applicant  ? 23’Apl.

P 85

(written diagonally across lower portion of page)

Jeremiah Nicholls applies for 4-4-1 taken from him in November 1843 when he was removed from the Bridgewater Ferry for misconduct. The ? at Pontville by whom the money was taken and paid into the Colonial Treasury states that he considers it a large sum for a man in his situation to have but it was ? ? that he came by it dishonestly. Under any circumstances the man would not be entitled to it at present as he does not hold a Ticket of Leave. April 1845.

P 86

The Sum of 4-  (tear in paper) from this man (tear) carried to the Recd of Goverts in Novr 1843

(Detailed accts to the Colonial Auditor). It is probable that he got the money by his confusing people near the ferry at Bridgewater but I am not aware that I even expressed my sense of his honesty in the case – because it might have been as otherwise, and I think it is a good deal of  money for a mere boatman to make in the way of fees – I certainly think that the forfeiture of the money ought to be a part of his punishment. March 10th 1845 G M Forster ? Transmitted for The Wt. previous consideration (minor words in binding unreadable)

(black stamp) Received. Police Department March 31, 1845

This must be intended for the C A Magistrates John Price March  31 ?? The Chief Police Magistrate

P 87

Supreme Court Office 22nd January 1836

In pursuance of an Act of Council passed in the sixth (crossed out) fifth (in pencil) year of the Reign of His present Majesty intituled “An Act to provide for the appointmen   of Commissioners of the Supreme Court and to define the powers of such commissioners” It is hereby ordered that every Commissioner appointed or to be appointed under the said Act shall and may possess and execute within the limits of the place or district for which he hath been or shall be appointed  all the powers and authorities mentioned in the first Section of the said Act in addition to the powers and authorities vested in him by the fourth Section of the same Act or by any other Act or Acts of Council.

2 And it is hereby Ordered that in the caption of every Recognizance and in the ? of every Affidavit shall be inserted in words at full length the name of the place at which such Recognizance and Affidavit shall have been respectively taken and made and the date thereof; and no erasure is to be permitted.

3 Every Oath in Ecclesiastical Jurisdiction is to be transmitted by the Commissioner under Seal to the Registrar of the Supreme

P 88

Court as soon as conveniently may be after it is administered.

4 Every such Commissioner may demand and receive the fees following viz.

For every Recognizance when ordered to be taken before a Commissioner s 10-

For every affidavit at Common Law 1.6

Ditto in Equity   2.6

An Ecclestiastical Jurisdiction

Every administration Oath 5 –  Every other Oath 1-6

A L Pedder

P 89

Supreme Court Office 22nd January 1836

Sir

I am directed by Their Honours the Judges to transmit to you the accompanying Copy of an Order which has been this day made by Their Honors relative to the powers &c of Commissioners of the Supreme Court appointed under the Act of Council therein mentioned.

I am desired to point out to you that, upon attentively perusing the Act for the appointment of Commissioners, you will perceive that, in addition to the cases mentioned in the 4th Section of that Act, and the Cases specially provided for by any other Act of Council, the only Affidavits and Oaths

John Clark Esq. Commr. Of the Supreme Court

P 90

Oaths which can be made before you, are such as may be taken in Equity matters before a Masters in Chancery, and in Ecclesiastical proceedings before a Surrogate, and Affidavits to hold to Bail: – and that the only Recognizances, which can be taken by you, are under the Newspaper Act, in such cases where the Chief Justice may make a Special Order for that purpose. I have the honor to be, Sir, Your obedient Servant G W  Stephens (?)

P 91

Supreme Court Office 26 January 1836

Sir,

With reference to my Letter of the 22nd instant (the script of which has not been acknowledged) I have now the honor to acquaint you, that some slight alterations have been made in the Rule of Court there transmitted to you:  and by desire of their Honors the Judges I forward herewith a copy

Of the Rule as amended. I have the honor to be, Sir, Your very obedient Servant, Geo W Stephens

John Clark Esq. Commissioner of the  Sup. Court

P 92

Supreme Court Office 22nd January 1836

In pursuance of an Act of Council passed in the Fifth year of the Reign of His present Majesty intituled “An Act to provide for the Appointment of Commissioners of the Supreme Court and to define the power of such Commissioners” It is hereby Ordered that every Commissioner appointed or to be appointed under the said Act shall and may possess and execute within the limits of the place or District for which he hath been or shall be appointed all the Powers and authorities vested in him by the first Section of the said Act in addition to the Powers and Authorities vested in him by the fourth Section of the same Act or by any other Act or Acts of Council which have been or may be passed.

2. And it is further Ordered that in the Caption of every Recognizance and in the  ? of every Affidavit shall be inserted in words at full length the name of the place at which Such REcongizance and Affidavit shall have been respectively taken and made and the date thereof

P 93

And no erasure is to be permitted in such Caption or Jurat (?)

3. Every Oath in Ecclestiastical Jurisdiction is to be transmitted by the Commissioner under Seal to the Registrar of the Supreme Court as soon as conveniently may be after it is administered.

4. Every such Commissioner may demand and receive the fees following viz.

For every Recognizance when ordered to be taken before a Commissioner 10s-d, For every Affidavit at Common Law 1-6. Ditto in Equity 2-6.

In Ecclesiastical Jurisdiction

Every Administration Oath 5-, Every other Oath 1-6

(Signed) A L Pedder A Montague

P 94

26 Jany 1836 Clerk of the Supe. Court Enclosing order of Court respect. The Commissioners

P 95

Copy

Launceston 23 Feb 1836

Sir

I beg leave to request that you will grant me a wholesale license, the ? intended to be occupied by me in a cellar under Mr Russells house in the Church Square 22 feet by 20 feet. I have the honor to be Sir, Your Most Obt. Servant Mungo Sommerville

G L Davies Esqr. Asst Colonial Treasurer

(printed document attached to p 95)

No 120 Internal Revenue Van Diemen’s Land

Permit Mr Mungo Sommerville of Launceston To Receive one hundred and twenty Gallons of Colonial Spirits Strength,  (presf?) as under part of the Stock of Mr David Mc? Distiller Caledonian Distillery. This Permit to be in force from ten o’clock Sept 9th Ins. For the Goods being sent out of Stock, to three o’clock P.M> 9th Inst. For the same being received into Stock, Witness my Hand, this eight Day of June 1836. Granted by St John E Browne Inspector

3 casks 120 gall (?) Spirits

P 96

1836 (in pencil top right of page)

James Freeland sworn saith I am Overseer to Mr Gleadow to whom the Prisoner John Smith is assigned. Yesterday morning the 9th May instant I left the Prisoner in charge of the Pigs – when I returned home in the afternoon I found him absent from his duty and that he had allowed the Pigs to get into the Garden and destroy a quantity of Potatoes in a (garden crossed out) Pit – one of the Pigs was dead which he said was drowned – he has before offended in this manner. James Freeland.

Plea Guilty. Twenty five lashes and Retd. To Gov.

(mark in left hand side margin John /2/ and General (in pencil)

P 97

Freeland v Smith (a prisoner) neglect of duty Twenty five lashes and to be Returned to Government

P 98

(Coat of Arms) June 1836 (in blue pencil top right of page)

Van Diemen’s Land (To Wit). Information. Be It Remembered that on this ninth day of July one thousand eight hundred and thirty six at Launceston in the Island of Van Diemen’s Land William Peel of the same place Constable personally came before me John Clark Esquire one of His Majesty’s Justices of the Peace in and for the said Island and its Dependencies, and gave me to understand and be informed that on the twentieth day of June last past “James Corbett of Launceston at certain premises situate in the Wellington Roads in Launceston aforesaid, did sell and Retail Malt Liquor in a less quantity than Five Gallons of lawful measure (to wit) one pint of Beer without having obtained a licence in the manner and form by the act in Council herein after mentioned. The said James Corbett not being nor being known as a practising apothecary, Physician, Surgeon, Chemist or Druggist. Whereby the said James Corbett hath under and by virtue of an (in ink above 4th Wm.4th No. 8 Sec. 44) Act made and passed in that behalf forfeited for his said Offence, a penalty of not less than Ten pounds nor more than Fifty pounds together with the costs and charges of and attending the conviction for the said offence; and the said William Peel prayeth that the said James Corbett may be summoned to answer the premises. Taken the day and year first above written John Clark Thursday at 10 Wm. Peel

Plea Not Guilty.

P 99

August  8 1836 Peel v Corbett Breach of Pub. Act. Dismissed.

Dismissed. Present for  his blast asst George King Esquire August 8 1836

P 100

Copy. (in pencil top right of page July 1836)

Westbury Island of Van Diemens Land. To wit

The examination of Thomas Richard White saith I was in the service of Mr John Archer Launceston previous to my taking the Bush. John Camplin was in the Bush with me, I went down the river and he came town 10 days after, I heard the deposition of Mr Jones’s nephew yesterday and all that he said was perfectly true except that is was a Rasor which Camplin had, and not a Knife, I absconded the last day in November. Soon after we absconded we went to work for a Mr Barrett, to strip bark at the Devils Elbow. He knew we were absconders and he only gave us our Provisions for what we did. We worked for him 3 weeks. After we left him we built a hut in the Bush and when we wanted Provisions, we used to go to him and he gave us. We made him no return for our food and in consequence of me and the other Man having a Quarrell we left the hut and separated for about a week. I was sorry we had quarrelled and then went back to the hut. We were without Provisions and Camplin gave me a watch to try and get some Provisions, he said he got it from the Supply Mills, and I afterwards heard there was a Watch missing and belonging to Mr Thompson the Millwright. I sold it to a Man of the name of Wilson a stranger, he gave me some Tea Sugar Flour and Tobacco to the amount of about

P 101

10/- for it. He knew I was an absconder. I then returned to the hut and Camplin told me he had robbed a Hut of some Clothes about 2 Miles from Mr. Jones’s. There was a Hat, 2 Shirts, 2 Waistcoats, 2 Handkerchiess and a fustian coat, one of the waistcoats was a plush one, it was of a Bluish Colour, when we left the Hut we planted the Hat and Coat in a hollow Tree, we then went down to the Devils Elbow River Tamar to see if Nelson would buy these things, but he was gone to Town. There was a Man of the name of  Finlay who slept in the same hut as Nelson did before he left, he gave us for the things except the shooting Coat Hand and 2 Handkerchiess.Tea, flour, sugar and Tobacco to the amount of 30/-  for them. I then went back to the hut and I went out kangarooing one night and I lost my dog and I went back to the original  house of the Dog, of the name of Elliott at the river but the dog was not there. I then went back and Camplin said, we had better go and look for the dog as it might let lead to a discovery. I afterwards ascertained that Finlay had killed the Dog, we then had another Quarrell and I said I would go and give myself up, I tried to persuade

P 102

Him to do so but he would not. Two or 3 days afterwards I went into Launceston and hearing the Constables were after me I took a Boat and went down the River and was taken in my passage down. I acknowledge to have assisted in killing the Two Sheep found in the 2 Bags by Mr James Shepherd, the Bags we got from Kinlays and the Kangaroo skin cap is Camplins. I do not think they are Mr Jones’s sheep as they were killed a long way from Mr Jones and I had seen them before they were very wild and had long wool. The Dogs that the Shepherd saw us with, one of them was taken by Camplin at the Supply Mills. The red Dog we lost on the day we had the struggle with the shepherd when we were at Port Sorell Camplin knew some of the Sawyers and splitters there and they gave him some Provisions but I never went near them myself. There was some women there and a black woman. We were all round by Frogmore and only saw one Man there During the time we were on the north side of the Meander we had a Hut about 4 Miles from Mr Jones’s Place. We lived at the Time upon Kangaroo and we sold the Skins to Kinlay for flour and other articles. We killed some hundreds of Kangaroos and

P 103

Camplin (crossed out) Kinlay used to allow us 4d a piece for the skins. We never killed any more than the 3 sheep. During the time we were about the supply flats we fell in with a Man, having a Kangaroo Coat on, a pair of canvass trousers patched with skin, a pair of Mocassins made of  Wombat Skin and I think a Scotch Cap, he had a double barrelled Gun and a Knapsack, he stood better than 5/5 and of a fresh coloured complexion but we had no conversation with him and he was going towards the Tiers, he told us to go on. I have just heard the description of Samuel Britton and the Man that we saw answered his Description at the Time we were about Mr Jones’s we saw a Man with 4 or 5 dogs and we one day saw Mr Wright’s man with some Bullocks. I never sold or gave away any flour or wheat to any person during the Time. I was in the Main of the Mill on the River Tamar. This my voluntary confession. I neither expect  reward or a recession of Sentence for giving this Information and no hope has been held out to me and now do it in feeling sorrow and regret for my past conduct. I omitted to state that at a short distance from the place where I meet the Man with the double

P 104

Barrelled gun that there was a hut apparently fresh made on the Top of a Hill and about 8 Miles from the Supply Mills there was also the remains of a Straw Hut by the side of the Supply Creek there was also a Piece of Ground found in as a Garden there was nothing in the Tent but there appeared to have been a fire a day or Two before. Thomas Richard White Witness Charles J Watkin

Taken before me this 13th day of July, 1836. (indecipherable signature)

The further examination of Thomas Richard White about 6 Months ago when I and Camplin were in the Bush, we saw a Place, where a Bullock had been killed, we saw a Head it was a Brown Head and we also saw some Bits of Sheep Skins, this was at Barretts Creek, Harry James is an acquaintance of Camplin’s and I have no doubt that Camplin is with him as also a Black Woman down at Port Sorell.

Thomas Richard White Witness Charles J Walker.

Taken this 13th day of July 1836 before me

Signed   ?  ? Old   ?  ? (indecipherable signature)

P 105

Present Pearson Foote Esqr. JP Charles Lonsdale Esqr. JP

The Prisoner on being asked whether  this was his voluntary supepion replied “Yes.”  That he had neither been offered reward, remission of Sentence or paid on or any other consideration for giving it. Taken before us this 13th day of July 1836 Thomas Richard White

Pearson Foote ? ? True Copies ?

P 106

Westbury Island of Van Diemens Land To Wit

The information and examination of Henry Bonney saith I received instructions from the Magistrate to proceed on duty in the Bush on Thursday last and to take Thomas Richard White a Prisoner now in the Watchhouse and he led me to a ravine where I formerly found  Brittons hut and about five Miles from that I saw another Hut and it was knocked down. He continued to lead me and about a Mile further I came to another Hut and White told me that was where he and Camplin and Britton had lived when we came to the place White observed the hut is down and he then took us to the Tree where the hat and Coat had been planted but they were gone. It was dark and we made a fire in front of the Tree and Slept in it that night and I then told him that there was somebody else engaged in this work besides him and he did not tell me then & the next morning I asked him again, he said he would tell me the truth and he was afraid he should be hung. I said I could not say but I

P 107

I would speak to the Magistrate at Westbury and I dare say he would do all he could for him. He then told me that he (Camplin)  & Britton had lived at the huts. I said I thought so by the work. He then said he was at Kinlays one night and that Kinlay laid him on to Britton. He said Britton had a double Barrell’d Gun makers name “Manton” and Camplin had a Musket the one that Jeffries used to carry. He then shewed me a Garden – there were Two Beds of Turnips and about 100 Yards from the Garden White shewed me a box let into the Ground and covered over with Bark it was 3 x 21/2 ft they salted the meat in the Box – he then took me to a large Stringy Bark Tree that he said they used to keep the Kangaroo Skins in – On the way home I saw a good many Sheep Bones and upon my observing to him “you have killed a good many sheep” – he said yes, he had killed some I told him he had better tell me every thing. He said he would and that we should soon come to where he had killed Two of Brumbys Sheep. When we came opposite to the place he went with Two Constables and brought them skins out of the Scrub. As a proof of

P 108

Of the Statement I have brought home some of the Wool, the Skins were rotten and when we came near Mr Jones’s I asked the Shepherd to shew me where he fell in with White, which he did, and the Shepherd and Two Constables went to where the Skins were planted near the Brushy Creek on Mr Jones’s Land and they were branded JA Mr Jones’s Brand. He told me that he Camplin & Britton had stolen some (x 53 or 54 ewes in margin) sheep and they had taken them to the Tamar and sold them to a man of the name of Kinlay at the Devils Elbow, all at one time – some were branded JA and some had a swallow tail in one year, and some branded RD.

Taken and Sworn before me this 18th July 1836 Signed Henry Monn ??

A True Copy ??

P 109

Westbury Island of Van Diemens Land To Wit

The information and examination of Thomas Richard White saith I accompanied Mr Bonney into the Bush and acted as leader to the party. I took him to a Valley between Westbury and the Tamar. I first shewed him a small hut in which I, Camplin and Samuel Britton pulled down. This was the hut built by me and Camplin.During the time we lived in this hut I went down to Kinlays at the Devils Elbow and Britton was there. When I went in Camplin, Kinlay and Britton had some conversation together outside the hut. Kinlay came into the house and told me I had better join that man as he could put us in a better way, as he knew the Bush better. At this moment I did not know who the man was, we  did join him and took some Tobacco Tea Sugar and Flour which was given to us gratuitously as we regularly dealt with him. We made for the Supply Creek, stopped there that night and started next morning & went to Brittons hut – it was a hut built of Fern, Stone Chimney and Bark floor and capable of holding 3 Men. Britton had a double barrell’d Gun and gave my Mate a Musket, he was very suspicious of me & would not let me out of his sight, and used to follow me when I went for water. We all there lived together for about a month. Britton had a considerable quantity of Flour Tea Sugar Tobacco and had some mutton salted in a Box I shewed Mr Bonney. During the time we resided together we killed 4 Sheep 2 first

P 110

2 first were Mr Brumbys the other 2 Mr Jones’s. Britton U Camplin got a herd of 50 Sheep on 4 Spring Plains. I affisted the other Two to drive them down to a Stock Yard about half a Mile from Kinlans Place. I stopped and minded them while the other Two went to Kinlays. Kinlay came to the Stock Yard and looked at them & we all then went to Kinlays hut and had something to eat, when we went we took away 2 Bottles of Rum with us. At this time we had plenty of provisions at the Hut. On our way back we stopped at Brittons half way house and got intoxicated. Britton called me a cowardly rascal for not going and affisting Camplin, when the Shepherd was struggling with him. This took place between 6 & 7 weeks ago. I remained in company with them about a week after, and the reason why I left them was that they talked about going to shoot Mr Jones’s shepherd. My first intention was to have given myself up at the Supply Mill hut in consequence of meeting with a Sawyer who asked after Camplin, he persuaded me to go into Launceston and give myself up which I attempted to do but my heart failed me and I then took away a Boat and went down the River and was taken as already stated in my previous examination. I never heard what was to be given for the Sheep while I was with Britton we killed between 4 & 500 Kangaroo. Britton had plenty of powder and shot, and plenty of Caps Percussion. We found out it was Samuel Britton by going down to Kinlays. By the appearance of Brittons hut it had been built about 6 Months. By the appearance of Britton

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Britton he must have been the same man I mentioned in my former examination of having been at the Supply Flats. We had 3 Dogs a Black one belonged to Britton and very likely the one the Shepherd must have seen. My former examination is all true as far as it went but I was afraid to tell more, and this in continuation is also the truth and I am ready to step forward and affist the Government in any way that lays in my power. I know Harry James quite well and I know John Rosevear, he used to work with him when I was at Port Sorell. Britton was with me, and he and Camplin went to where Harry James lived. When I separated from Britton & Camplin, Britton was in the hut and Camplin was out with the Dogs. I am certain that the head of the Sheep and which is now laying on the floor of the office is one of Mr Jones’s. The Double Barrell’d Gun Britton had, had two odd cocks, it had a Colonial Stock it was a Twisted Barrell, it had the name ‘Mortimer’ on the Barrell and there was a name on the lock it was I think either Manton or Manning. Britton & Camplin never trusted me much as they made a  sort of servant of me to cook for them.

Sgd Thomas Richard White Witness Sigd. Charles J Walker.

Taken before me this 18th July 1836 ??

(written vertically in right hand side margin

This answers the description of the Gun taken from Mr Charles J Walker taken by Britton, Jeffries & Brown during his residence on the River Tamar

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Sergeant Bernard Sweeney No 602 of the 50th re Queens own Regiment to be brought to trial on the following Charge

For having when on duty at the Government Cottage in Launceston on the afternoon of the 29th of August 1836, used highly improper and disrespectful language to, and committed an assult with a drawn bayonet upon the Police Magistrate John Clark Esquire and Mr William Franks at the same time threatening that he would run the latter gentleman through – Such conduct being unbecoming the character of a Non Commissioned officer,and subversive of good order and Military Discipline.

By command Edmd  Provought Town Adjutant

Town Adjuntant office

9th September 1836

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602 Sergeant Bernard Sweeney

Prosecutor, John Clark Esquire, sworn saith; on Tuesday the 29th of August last between four and five oclock in the afternoon I went to the Government Cottage on duty. On going up there I met Mr Franks who said  he had some business there and we rode up together/corrected/ Before I mounted my Horse I met Mr Franks just as I came out of the office/ When I arrived at the gate I saw Sergeant Sweeney he spoke to me over the gate he was close to the gate. I asked him what ladies of the committee were there, he mentioned the names of two whom I was acquainted with, I should say at this place that when I saw this man there was nothing about him to make me suppose he was on duty, he had no drawn any such as a Sentry has usually when on duty and he said nothing at this time that led me to suppose that he was on duty. He said nothing that led me to suppose that there was the slightest objection on the part of any one to my entering. Some person I did not known whom at the time I have found since opened the gate I believe at my own request Mr Franks entered first. I followed a few yards  behind him. The first thing I noticed after Mr Franks had advanced about 20 yards was Sergeant Sweeneys right hand hold of the right side

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Of Mr Franks bridle, and both talking very loud and fast. I heard to the effect Sergeant Sweeney say he would not allow Mr Franks to go in. I was a short distance them at this time, to the right behind him. The Sergeant came over to me I told him I supposed he would not prevent me from going in and told him who I was. I thought from the way in which he came towards me, and from what I saw pass between him and Mr Franks he was coming to lay hold of my bridle and I told him not to lay hold of my bridle, he did not do so but he drew his bayonet and projected it in front of him he never offered to touch me with it after I told him who I was and just at this stage of the proceeding he said he did not care a dam who I was I think I mentioned my name. I am certain I told him I was Police Magistrate I told him it was wrong. I think the words I made use of where “You are wrong very wrong Sergeant and he put up his Bayonet immediately and offered no more obstruction to my passing indeed he went away.  just after this some of the ladies came up, some conversation took place between one of the ladies and Mr Franks, but what it was I could not make out. I only knew a word or two, after this I rode back to look for Major Ryan and he rode back with me, perhaps it is right. I should here observe that as we were going out of the gate to look for Major Ryan Mr Franks threatened the Sergeant in saying he would

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Would have him reduced to the ranks for this. When I came back to the gate and Major Ryan after telling him what had happened Major Ryan said to the Sergeant. There is no general rule without an exception you ought to have used your discretion and admitted Mr Clark. I think he used my name I had gained the end I wanted in gaining admittance and was siding away when I heard (In gaining a sight of admittance I should rather say for I really did not want admittance) the Sergeant urging to Major Ryan the orders he had given. The Sergeant during the altercation between Mr Franks and himself said he had Major Ryans orders not to admit any one/to prevent him entering.

Question by Prisoner. After I told Mr Franks there was no admittance did he not say go on Clark and I will soon follow or ride the fellow down or words to that effect?

Answer. I did not hear any thing of the kind.

Question by Prisoner. Did you see Mr Franks at the time I had hold of his bridle, or afterwards or at the time. I told him there was no admittance, working himself in his saddle and urging his horse on?

Answer. I did not observe Mr Franks urge his horse on. I think if he had it would have plunged and kicked violently as it did afterwards then leaving the gate as soon as before in crossing the green or arriving at the gate. I do not think that 50 people could have stopped the Horse but by holding the bridle.

Question by Prisoner. What was the manner and nature of

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Of Mr Frank’s conduct towards me and in what way did he speak to me.

Answer. Mr Franks manner of speaking was fast and loud. I should say with reference to the answer I have given which I consider an answer to the question as to answer that Mr Franks manner was intemperate.

Question by the Court. Did the Sergeant when he drew his Bayonet ? you with it or did he  do so to shew that he was determined to support the orders he had received from his commanding officer.

Answer. I did not at any period hear the Sergeant say he would see my person through. I conceive the drawing his Bayonet was an assault but the Sergeant did not attempt to use it upon me.

Question. Will you state the nature of the duty on which you went to the Government Cottage on the day in Question.

Answer. I went there for the purpose of seeing that the best Constables for such duty were there and to give them their orders for the night and for that purpose I asked (I do not know whether it was the Sergeant ) I asked) for Dr Kernahan who was living at the Cottage.

Question Will you state how many Consertables you found on duty at the Cottage and where they were stationed.

Answer. When I first went

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Went up to the gate I did not observe a Constable stationed there. I afterwards found there was one there then stationed in charge of the gate. Dr Kernahan was I believe inside, he lives there. I found another Constable about two yards inside the back gate walking up and down I asked the Constable at the gate what orders he had, he answered to prevent any of the women going out. I had not stationed the Constables. I did not know where the Constable at the front was, at that time I sent for him to the back gate to give him his orders.

Question of Const. Were you not aware or had you not good reason to know that positive orders have been given by the Civil and Military Commandants at this station that no gentleman was to be admitted in consequence of the Ladies of the Committee having assembled there on business relative to the females landed from the “Amelia Thomson. I did not suppose the Commandant had  power to give any such orders. I suppose that such regulations would exist. I did not know it from any person or anything. I did not suppose there could be any objection to the Police Magistrate resiting his constables at any time and any where. I supposed so only but I did not suppose that would apply to myself!

Question. Suppose that orders had given by the Commandant to his Military stationed at the gate

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Gate that no gentleman was to be admitted under such orders do you suppose yourself justified in resisting the Military placed there?

Answer. If I had seen any soldier whom I supposed to be on duty any where I should not feel myself satisfied in resisting him personally. If I thought the orders wrong I would go to those who gave them as I did.

Question. Upon what authority or upon what grounds did you imagine that the Sergeant told Mr Franks that he could not admit him if he were not on duty.

Answer. I suppose the Sergeant was acting under orders of his superior.

Question. Did any conversation pass between yourself and Mr Franks on going up upon the subject of the possibility of your being refused admittance.

Answer. I do not recollect I can answer for myself I had not the least supposition that I should be refused admittance.

Question.  Is it a usual thing with (crossed out)for you to visit your Constables?

Answer. It is any new or important stations I visit I frequently visit the Constables at the Bridge.

William Franks Esquire sworn saith I rode up in Company with Mr Clark to the Government Cottage on the 29th of August last on arriving at the gate Mr Clark

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Asked what ladies of the Committee were there, it was about 4 o’clock. I thought it was to a Constable but I understand after it was to Sergeant Sweeney. He was answered I believe by the Sergeant that Mrs Barnes  Mrs Jennings and some others were inside. Mr Clark then asked the Constable what Constable was at the back and how many were stationed there. The Constable said there was one. I do not recollect the name. Mr Clark then asked  where Kernahan was. The man said he believed either at the Cottage or in the Yard. Mr Clark then told the constable to open the gate he did so accordingly and I rode in before Mr Clark. Mr Clark followed me. I rode on in consequence of Mr Clark speaking to the Constable  on my proceeding in about 10 or 15 yards  I was met in the  ? by Sergeant Sweeney who was walking down towards the Cottage but turned  round short and seized the reins and said you cannot go in. You shall not go in here he said he had orders from the Commandant to admit no person. I told him the purpose I came for and that the Commandant was aware that I intended coming up. Sweeney said that he did not care that he (crossed out) I should not go on my horses head was turned across the ? ? to the ? entrance gate. This was done by the Sergeant laying hold of the bridle

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I did not go any further. Sweeney then left me and ran across to Mr Clark who was nearer the entrance gate than I was and said you shall not come inhere in either, at the same time lifting his left hand as if to lay hold of Mr Clarkes bridle. Mr Clark said you had better not touch my Reins. The Sergeant again said you shall not come in. Mr Clark said I have business in, perhaps you do not know who I am. I am the Police Magistrate. The Sergeant made answer. I do not care a damn who you are, Mr Clark said Sergeant I have a right to go in Sergeant said to Mr Clark if you enter I will run this through you at the same time drawing his Bayonet. Mr Clark then said Sergeant you are wrong. You are wrong put up your bayonet. The Sergeant did so at once. At this time I was about eight yards nearer the Cottage than Mr Clark and the Sergeant I had not moved from the place where the Sergeant left me. I said to the Sergeant after he had drawn his Bayonet and put it up again. “I will take good cause to report you to the Commandant and have you reduced to the ranks allowing to his drawing the Bayonet. I explained to the Sergeant telling him that it was a letter from my father which I wanted to lay before the Committee as it related to some of the Women near his place I also told him that the letter was forwarded to me by the Commandant after the altercation was over and the sergt.

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And the Sergeant had put up his Bayonet seeing Mrs Wilkinson coming from the Cottage. I took a few paces towards him to explain why I came and what had occasioned (crossed out) occurred ? by Prisoner. During the day in question were you not told by Major Ryan that you could not be admitted that day at the Cottage.

Answer. I was told by Major Ryan in the ? at the Government Cottage at about one oclock that I could not have admittance. I went up at that time for the purpose of getting some of the ladies of the Committee to select a servant for Mr Archer who had not come to town. The Major said you cannot go in, the ladies are engaged classing the women and  none will be hired out until tomorrow. I immediately walked away. Major Ryan did not tell me that the ladies would not see me on any account and when I got the letter, at ½ past three o’clock or four or later from what the Major told me I thought that it would be a very good opportunity of recommending the women. I got the letter from a drummer whom the Major told me he had sent after me ? where, after reading the letter, I told the Major what is was about and said I should wish to go up and shew the letter to the ladies – The Major said

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“I think I shall have to go up again you may as well go (crossed out) come with me. I did not go with him.

Question by Prisoner. Did I speak in a mild manner to you when I told you, you could not get in?

Answer. You did not! On the contrary!

Question. Where you aware when you went the second time to the Cottage that there was a general order that no person could be admitted?

Answer. Most certainly not! If I had I should not have gone. “Going from the Cottage I met the Commandant – and he called out to me.” Mr Franks have you seen these country girls of yours. I said I had not!

Qd. By Court. What was your manner to the Sergt when he told you, you could not go in.

Answer. I was explaining to him the reason that brought me there! My manner was quite temperate!

Qd. By Court. Did you not say “Go in Clark and I will soon follow or ride the fellow down or words to that effect?

Answer. No such thing or words to imply such meaning!

Qd. By Court. Was your manner temperate and gentlemanly towards the Sergeant.

Answer. It was! I was particularly explaining what brought me there. I took the letter out of my pocket at the same time!

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Question by Court. Did the Sergeant tell you that he had the Commandants orders not to let any one in?  Answer. Yes! The Sergeant said the Commandant had given him orders not to admit any person and he would stick to them or words to that effect!

Question. Did you as a gentleman imagine at the moment that any explanation that you could give to a soldier on duty would authorise him to disobey the orders he had received from his Commanding Officer.

Answer. At the time I did, and consequently entered into the explanation.

Question. After the Sergeant had seized hold of your Reins was your manner temperate.

Answer. It was! No angry words passed between the Sergeant and me until after his drawing his Bayonet on Mr Clark.

Question. Did you make use of any other threat than that of saying you would  have him reduced to the ranks?

Answer. None whatsoever!

Question. Did you make use of the threat of having the Sergeant reduced previous or after the Sergeant drew his Bayonet?

Answer. After!

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Answer. After!

Question by Court. When the Sergeant seized your bridle did you try to urge your horse on?

Answer. Not in the slightest, if I had she would have plunged and kicked.

Qd. By Prosecutor. Were you given to understand by Major Ryan after the first refusal by him, that you could not (crossed out) go in.

Answer. The impression or my mind was that I could not go in on that particular day for the purpose of requesting the ladies to select a servant for Mr Archer.

Qd. By Court. Was Mr Clark in the act of advancing when the Sergeant drew his Bayonet.

Answer. He was not, he was standing still.

Question. Do you consider the Sergeant lost his temper.

Answer. Yes, I thought him very violent.

William Miller sworn saith I am a Constable, a prisoner. I was stationed at the GovernmentCottage Gate by Mr Charles Friend the Chief Constable on the 29th of August last. Mr Clark and Mr Franks came up to the gate and ordered me to open it. I opened it and they rode in the gate. The Sergeant/the prisoner/

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Was some distance from the gate and came running towards Mr Clark and Mr Franks  and bid them to stop he said his orders were to admit no one inside the gate they both stopped Mr Franks told the Sergeant that he wanted to see the Commandant. The Sergeant said he could not let him in, that he would be d  d if he should go in. Mr Franks held a letter towards him at the same time. The Sergeant pulled his bayonet out and held it towards Mr Franks . I heard Mr Clark say the Sergeant did not know what he was doing and Mr Clark asked him if he knew who he was. The Sergeant said he did not care a d  n who he was and put his Bayonet up. The Sergeant then walked towards the Government Cottage and Mr Clark and Mr Franks then came out of the gate.

Question by Prosecutor. Did you hear me speak to the Sergeant before the gate was opened?

Answer. I was so busy keeping the people back from the gate I do not recollect!

Question. Did the Sergeant say he would call any lady of the Committee when we went there?

Answer. I did not hear him say so.

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Question by prisoner (crossed out) Prosecutor. Did you hear me tell the Sergeant that I was the Police Magisgtrate?

Answer. Yes!

Question. Did any other gentlemen go into the Government Cottage on that day?

Answer. Several gentlemen passed back and forwards, both in and out!

Question. What course did they follow to get in?

Answer. Asked to see the ladies of the Committee.

Question. Did they so pass while the Sergeant was present?

Answer. Yes!

Question. Who did they ask, to see the ladies of the Committee?

Answer. The Sergeant.

Court then adjourned to 17thSeptember 1826.

Adjourned Court 17th September 1836

William Miller recalled.

Question by the Prisoner. Did you see me stop any other gentleman on the day in question besides Mr Clark and Mr Franks.

Answer. Yes! I do not know their names some I can state, one was Mr Parker Superintendent of the Lumber Yards the Capt of the ship the females came in. I recollect seeing him stopping  an

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An  officer in uniform and Mr Charles Friend at the same time.

Question by Court! Did the officer in uniform make any remonstrance or try to induce the Sergeant to allow him to pass or did he immediately retire

Answer. He did not, he immediately retired.

Question by the Prosecutor. Did the Sergeant behave properly to the other gentlemen who came to the gate.

Answer. Yes, he behaved properly.

Question. Would any ill consequence have followed if the Sergeant had not allowed the carriage gate to have been opened.

Answer. I do, not consider there would

Question by the Court. Was the conduct of Mr Clark and Mr Franks mild and gentlemanly towards the Sergeant during their conversation with him.

Answer Yes Question (crossed out) If Mr Clark makes the Constable a criterion of Gentlemanly conduct he must take the Consequences. This was uttered by Captain Peddie on putting the above question!!

Answer. Yes!

Question. Did you hear Mr Clark and Mr Franks make use of any threats

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Threats, towards the Sergeant on that day.

Answer. No!

Question. You have admitted that the conduct of the Sergeant towards every other person that approached the gate was correct. Can you state any reason why the Sergeant should have behaved disrespectfully and rude to the gentlemen in question?

Answer. I cannot!

Question by Prisoner. Did you consider yourself under my control on the day in question?

Answer = No!

Lieutenant Andrew Baxter sworn saith.

Questioned by the  Prosecutor. Where you  the Officer of the day on the 29th of August last?

Answer = I do not know!

Question. Can you tell by reference to the orderly book

Answer = Were I on duty it would be entered on reference I am enabled to answer

Question Were you on duty?

Answer I was!

Question If there is a new guard placed is it entered in the orderly book?

Answer It would be entered in the Orderly Book

Question Is there any entry in that Book of a guard being placed at the Government Cottage on or about the 29th Ultimo?

Answer I do not see it entered! It is not!

Question Is it usual with you as officer of the day to visit the Sentices?

Answer, It is!

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Question Were you aware that an orderly Sergeant had been placed on the gate of the Government Cottage on the day in question?

Answer, I was!

Question, How did you become aware of it?

Answer!  I was present on Morning parade when Sergeant Sweeney left the Barracks for that duty!

Question = The Sergeant being so sent away and placed on duty is it usual for it to be entered in the orderly book.

Answer, No!

Question by the Court. Did you see the prisoner on his post on the day in question and was he correctly dressed as an orderly Sergeant on duty?

Answer. I saw the Sergeant on his post about half past two o’clock, he was then properly dressed he had on his side arms and sash!

Prosecution closed.

Sergent Sweeney states in his defence, I was placed on the Governt Cottage on the 29th of August last with orders from Major Ryan to allow no person to pass within the gate except the ladies of the Committee and whoever they passed in, or men going

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Going in with bedding or necessaries for the emigrants whom I was to pass in, and out again, or whoever, the  Major passed in between the hours of two and three o’clock Mr Franks came to the gate. I told him he could not get in the gate was opened for the purpose of allowing bedding in Mr Franks paid no attention to what I said and went on a few paces to where Major Ryan and Mr Henty were standing and said Can I not get in Major? The Major replied “No Franks there is no admittance to day. I then moved near the gate and did not hear what more was said. Mr Franks shortly went out. Some time after this I passed in some men with provisions and saw them out again. I told the constable on the gate to allow no person in it and I then went down to the Cottage to see if the emigrants had got plates &c and on my coming back I saw Mr Franks and Mr Clark at least another gentleman coming towards me. I said Mr Franks you cannot get in it is the Commandants orders.

Final Evidence. He said do not dare to stop me I said I will, it is the Commandants order he then said I shall go forward (to?) I said you (I crossed out) cannot Sir

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He said I have a letter. I said I will deliver it for you. He did not speak but urged on. Mr Franks said  then I shall get in. I said you cannot x

(note in rhs margin Evidence corrected by Sergeant on reading over

He came towards me a little and I caught the reins of his horse. He then said go on Clark. I put my left hand towards Mr Clarks horse who said do not catch my horse. Mr Franks then said go on Clark and I will soon ride the d—d fellow down or words to that effect. I said “will you” and let go his reins and I took a pace to the rear and dress my bayonet and saith if you attempt it I will run you through. Mr Franks said you d—d rascal you are a pretty fellow to stop two Magistrates. I stood for a little and seeing that they did not come forward I put up my Bayonet and went to the right about and moved towards the Cottage. I met Mrs Barnes and asked her if she had seen the Major. She said No. I then told her partly what had happened the two Gentlemen had attempted to ride me down. Mrs Barnes came up with me, and spoke to Mr Franks and took a letter from him. I then ordered the Constable to open the gate and let the gentlemen go out Mr Franks then said I will take good care I will have your stripes

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Stripes off tomorrow. I said “will you” He said Yes! I will have you in the Ranks before ten days and after going outside the gate Mr Franks turned towards Mr Clark and said there had ? right to be a d—d soldier there at all.

Major Ryan sworn saith.

Question by Prisoner. Did you place me on duty on the gate of the Government Cotage on Monday the 29th of August last and what were the orders you gave me?

Answer. I placed Sergeant Sweeney inside of the Govert. Cottage gate on the first day of the landing of the female emigrants by the Amelia Thompson, on Monday the 29th of August and I gave him positive orders which I repeated twice or thrice to him that he was not to admit any person whatever either male or female inside of that gate during that day with the exception of the ladies of the Committee and those persons who were employed in bringing in provisions or any supplies that were necessary. I placed a Constable outside of that gate and told that Constable that he was to keep off any crowd approaching the gate. I afterwards said to Sergeant Sweeney in going into the cottage “Recollect you have charge of the gate. I selected Sergeant Sweeney to enforce that

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That duty as one of the steadiest and best conducted non commissioned officers in the 50th Regt. Placing that Sergeant eminated from the suggestion of the ladies of the Committee at a Public Meeting which was held of the Ladies composing that Committee on Friday the 26th of August. The resolutions passed were most unanimously entered into and carried by the ladies of the Committee on the 26th Augt. That owing to the Confusion that would naturally occur on the first day of landing the females, that no person whatever should enter the Government Cottage where the females were to be lodged on that day with the exception of the Ladies of the Committee myself and the surgeon of the ship. The ladies composing that Committee also suggested to me that in order to enforce the regulations strictly requested that I would place a Sergeant at the gate all of which I fully concurred in. I told Sergeant Sweeney when I gave him my orders that he was not to allow any person in the gate unless passed by a lady of the Committee and when any lady approached the gate to come in, he was to ask if she was a lady of the Committee.

Question by Prisoner. Did you tell Mr Franks on the afternoon of the day in

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In question that there was no admittance to the Cottage on that day for any person.

Answer I did tell him words to that effect. I told Mr Franks himself personally that he could not come in that there was no admittance for any one. I think I qualified it by saying that if I admitted him I must admit others. This was between 2 & 3 o’clock in the afternoon Mr Franks was outside the gate close up to it. I was about twenty yards from the gate inside. The Sergeant between me and the gate I suppose the Sergeant must have heard, as he was between me and Mr Franks.

Question by prisoner. Was Mr Franks approaching towards me when you told him he could not be admitted.

Answer. I think Mr Franks was outside the gate. I do not think he was inside the gate – he might have been.

Question by prisoner. What would have been the result if I had disobeyed the orders you had given me?

Answer. I should have placed you in confinement and dealt with you according to the rules of the Service  for disobedience of orders by preferring charges against you!

Question. Will you as an officer who has been sometime in the service say What do you consider to amount to

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To forcing a soldier upon his post?

Answer I should say that any person attempting by threatening language or gesture before a military man placed on public  duty after that Military man has stated to him his orders or any attempt at violence used towards him in the execution of that duty is what I conceive tantamount to the Soldier being forced on his post. Major Ryan here state on a consideration something strikes me that Mr Franks was a short distance inside the gate when I told him he could not be admitted but I also told him so previous to that when he was outside the gate.

Question by the Prosecutor. Did you  tell the Sergeant that the Constable was to obey his orders?

Answer. I think I did but not in that positive manner. I said in the presence of the Constable that the Sergeant was responsible for the gate.

Question. Had the Sergeant any civil power

Answer. He was empowered by me with all Civil and Military authority on that day. Corrected.

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8 Corrected. No! He had no civil authority.

Question. Was the Sergeant on that day sworn in a Special Constable?

Answer. I have stated already he had no civil authority! He was not!

Question. Do you conceive that you have any proper authority as to the disposal of the Police.

Answer. I consider I have on occasions similar to the one in question. I am a Magistrate of this Colony and I conceive that I have authority to demand the assistance of the Police Constables on an occasion like the one allued to and on that day I did demand the assistance of those Constables from the Police Magistrate. The female emigrants which arrived in the “Amelia Thompson” were by His Excellency’s orders placed under my charge and I conceive that if it is necessary for me to require the assistance in person of the Police Magistrate that as Civil Commandant he is bound to obey.

Question by Prosecutor. Did Mr Franks return at once when you told him that he could not see the ladies of the Committee for the purpose of selecting a servant for Mr Archer on the day in question?

Answer. He did! This is the same day I believe spoken of before.

Question. Did you forward Mr Franks a letter afterwards from some of the women

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By the “Amelia Thompson after (crossed out).

Answer. I did.

Question Did Mr Franks make you acquainted with the contents of that letter afterwards.

Answer I think Mr Franks told me afterwards it was from his Father recommending two of the females of the “Amelia Thompson”

Question Did Mr Franks express a wish to see the ladies of the Committee on the subject of that letter?

Answer. He did during some part of that day!

Question. State the time if you can

Answer I overtook Mr Franks as I was returning from the Government Cottage towards town. I then told him I had given a letter to a drummer who was coming after me that it was for him and given to me by one of the female emigrants this was about three o’clock.

Question. Did you tell Mr Franks that you were going up to the Cottage and he might as well go with you.

Answer. I told Mr Franks after he mentioned to me that he had a letter from his father about two servants, and on his saying he would go up and get them himself (this was said in a jocular manner) I said to him

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I am going up myself by and bye you had better wait and ride up with me, and probably I will get you permission from one of the ladies of the Committee but at all events (?) if you go up You had better send in to Mrs Barnes and ask her permission/Corrected/ Question repeated.

Answer. In consequence of Mr Franks holding in his hand an open letter saying that he had a letter recommending two Servants by the Amelia Thompson and telling me in a jocular manner that he would now go up and get them himself I told him that I should ride up by & bye and he could go with me and I would ask permission of one of the ladies of the Committee to let him go in. Some further conversation took place relative to the women, in parting I told Mr Franks if he was going up to the Cottage in all probability if he sent in to Mrs Barnes he could get admitted but I gave him no permission myself. Major Ryan states Although Mr Franks made use of the expressions I have stated I did not consider he intended to carry those jocular expressions into effect.

Lieutenant Baxter recalled Questions.

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Question by  Prisoner. Did you go to the Government Cottage on the 29th of August last for the prupose of entering it?

Answer. I did.

Question Where you admitted.

Answer. I was not the Sergeant told me I could not go in his orders were to the contrary. His orders were not to allow any person to pass!

Question by Prisoner. What was my Manner of delivering that Communication to you?

Answer. Your manner was most respectful and soldier like.

Qd. Will you state to the Court any general character as a non commissioned Officer?

Answer. Since I have known you which is about twelve months I have always considered you an excellent non commissioned officer and steady man!

Frederick Niblett sworn saith I am a Butcher residing in Launceston On Monday the day on which the emigrants were landed from the “Amelia Thompson” I saw two gentlemen come up to the Government Cottage one of them told the people outside to go about their business and ordered the Constable to open the gate.which he did and the gentlemen went in The Sergeant came up to the gate and told them there was no admittance that it was his orders not to admit any gentlemen in. One of the gentlemen told him to stand on the side that he had no business with them that they were two Police Magistrates

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Magistrates. The Sergeant then took hold  of the Reins of one of them with his right hand and put his left hand to the point of the shoulder of the other horse. One of the gentlemen said “You ride on Mr Clark and I will follow you and I will ride him down or ride over you I do not know which the Sergeant said “Will You” and step’t back and drew his bayonet. The gentlemen on the right hand said something to the Sergeant which I did not understand and the Sergeant turned round and went towards the Cottage and some ladies came up and a Lady in black took a letter from the gentleman on the left. They went away again and the Sergeant ordered the Constable to open the gate and then the gentlemen turned their horses and went out. One gentleman turned round and told the Sergeant he would have his stripes taken off and have him put in the ranks either in ten days or in less than ten days I am not sure which. The Sergeant said “Will you” and the Gentlemen went away. The  Sergeant came up to the gate and asked if there was any free people there to witness what they saw if they should be called upon. One man spoke, one young woman spoke I do not know whether she is here or not. I have not seen her since. The Sergeant asked the Constable and

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And the Constable told him not to call upon him if there should be any thing about it because he said they might have a spite? On business? will not say these were the exact words but they were to the same effect “if ever he went before them as he was a Government man. I am free.

Question by the Court. Did you at the time the Sergeant draw his Bayonet, hear either of the gentlemen say you are a pretty d—d rascal to stop two Police Magistrates?

Answer. I did not recollect exactly those words I heard them say something about stopping two Police Magistrates.

Question by Prisoner. What was my Manner in speaking to the gentlemen?

Answer. He walked straight up to them and spoke mildly enough as far as I see.

Qd. By Prisoner. What was the Manner of the gentlemen towards me?

Answer. They seemed rather surprised at the first few words. It was not very mild they were rather

Angry with the Sergeant when they first entered the gate!

Question by Const. After the Sergeant told the Gentlemen they could not enter did you see either of them urge his horse on

Answer The Gentleman on the left hand the one the lady took the

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The letter from put his fists into the horse and the horse pranced about

Question by Court Were you present at any time to day or yesterday during the sitting of this Court?

Answer No.

Qd. Court Is the man present William Miller the constable who requested the Sergeant not to call upon him to give evidence?

Answer. I believe he is the man.

John Fett sworn saith I am a Ticket of Leave man I was standing at the paling of the Govert. Cottage at abouty five o’clock in the Evening of Monday the day the females landed from the Amelia Thompson. Mr Clark and Mr Franks rode within the gate perhaps some twelve yards. The Sergeant approached them and desired them to stop and the two gentlemen immediately stopped Mr Franks then immediately began to press forward and spoke to Mr Clark and told him to go on that he would follow and that he would either ride him down or ride over him I do not know which The Sergeant immediately drew his Bayonet and presented it at Mr Franks and told him  if he did he would run it into him or run him through I cannot say which The Sergeant then left Mr Franks horse and went towards the Cottage

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Cottage and met a Gentleman which I believe to be Mr Wilkinson . The Sergeant and Mr Wilkinson then returned back again. The Sergeant then called to the man at the gate and desired him to open it. The gate was then opened and the Sergeant said – now gentlemen go out The two gentlemen immediately turned round? to go out in turning round Mr Franks told the Sergeant he would have his stripes taken off. I heard no more.

Questioned by the Court (crossed out) Prisoner Was my manner mild towards the gentlemen when they first approached me?

Answer It was!

Qd. By Prisr. Did Mr Franks speak loud and in a passionate manner to me. Answer Rather so.

John William Johnson sworn saith. I am a prisoner of the Crown. On Monday I do not know how long ago I think the females landed three or four days before I went up towards the Governt. Cottage. I saw Mr Clark and Mr Franks go towards the gate. The Constable opened the gate and let them in they were on Horse back. The Sergeant stopped them and said it was his orders not to let any one in. Mr Franks took no heed and went on. The Sergeant took hold of Mr Clark’s horses head by the reins  and said he should not go

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Go. Mr Clark  finised? His horse and tried to ride on, the Sergeant stopped him drew his Bayonet and would not let him go. Mr Franks swore and told him to ride over him, he could not because the Sergeant stopped him. Mr Franks rode down and gave a letter to some lady. Mr Franks came back  and they both went away. Mr Franks said he would take the stripes off the Sergeants arm if it laid in his power. They both rode off & I went away.

Question by Prisoner. John Clark Esquire recalled. You have stated Mr Franks manner was intemperate. Did I tell you I did not care a d—d for you until Mr Franks conduct became intemperate towards  me.

Answer. You certainly told me so after wards when you came up to me but what passed before I really scarcely know for I was behind!

James Taylor sworn saith I am a prisoner of the crown. On the Monday that the emigrants landed from the “Amelia Thompson” as I was at the Government House I saw two gentlemen come riding up. I did not know who they were. One of them ordered the gate to be opened one of them did so and they went inside. The Sergeant went up and told them that his orders were that no person was to be allowed

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In there. The tallest one of the two said he would go in. The Sergeant said that he could not that it was against his orders and the Sergeant made no attempt to stop them. One of them spurred his Horse on and said ride over him. The tallest passed the Sergeant who took hold of the other Horses Reins. The Sergeant said if he attempted to force him on his duty he would run him through with his Bayonet. The gentleman that was on the Horse that the Sergeant had hold of did not offer to move his Horse. A Lady then came out and the tallest gentleman gave her a letter. The Sergeant told the Constable to open the gate to let them out which he did. As they were going out the tallest gentleman said in ten days he would have the stripes off his arm and put him in the Ranks! I am a stranger.

Question by Prosecutor. Are you a Baker, and do you come from the same shop as the last witness?

Answer. Yes! I was in company with him at the time.

Major Ryan recalled. The whole of this paper produced is in my hand writing excepting the signature of  Thomas Wilkinson

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It was posted on the day in question on the outside of the principal gate of the Government Cottage and is as follows

Notice. No person to enter the Government Cottage this day with the exception of the ladies of the Committee and those persons who may be employed about the premises Launceston 29th August 1836. By order of the Commandant Thomas Wilkinson Superintendant.

Mr Thomas Wilkinson is deemed the Superintendent appointed by me to take charge of the female emigrants that were then placed in the Governt. Cottage. His duties are to attend there, to assist the Ladies of the Committee in every thing connected with the affairs of the Emigrants. He is responsible for the internal order and regulations of the establishment as authorised by the Committee. The Lieutenant Governor pointed out to me this Gentleman as a  fit and proper person to be entrusted with this duty. Court adjourned until Monday at 10 o’clock.

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For His Defence. 19th September 1836. Captain Lew sworn saith

Question by Prisoner. Did you go up to the Government Cottage on the 29th of August last for the purpose of entering it?

Answer I did!

Qd. By Prisr. Did you gain admittance?

Answer No. I did not!

Qd. Do What prevented you?

Answer The Prisoner was on duty and told me he had the Commandants orders not to let any one in and he should not let me in.

Qd. By Prisoner Were you in full uniform.

Answer I was

Question by Prisoner. What was my manner towards you in making that communication to you?

Answer. Respectful.

Qd. By do. Are you aware of your own knowledge that I refused admittance to any other gentlemen?

Answer. Two that were with me.

Qd. By Const. Will you state the Prisoners general character and whether you think he is likely to behave rude to any one without provocation. Answer.

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11 provocation?

Answer. His general character is extremely good steady and sober. I think he is one of the last men in the regiment to behave rudely without provocation. I am sure of it from my personal knowledge of him!

Major Ryan recalled.

Qd. By Prisoner (crossed out)Court. Did you return to Governt. Cottage with Mr Clark after he made the report to you respecting the Prisoners conduct on the 29th of August last?

Answer I did!

Question. Did you tell the Sergeant there was no general rule without an exception.

Answer. I did or words to that effect.

Qd. By Prisoner. What was your reason for saying this to me

Answer. When I expressed myself in that manner to you and in presence of Mr Clark I considered at that moment the assault upon Mr Clark and Mr Franks was that of a violent nature, but I had not been put in possession fully of your explanation at that moment. Your answer was confused and you replied “Sir You know you gave me orders not be admit any one” Mr Clark and Mr Franks shortly after rode off  then you explained to me Mr Franks threatened to ride over or ride you down and endeavour to force your post. I was then

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Under a  different impression of the circumstance an in consequence I did not  relieve you from your post but returned you to your duty as I considered you were fully justified in the manner in which you had conducted yourself.

Question by Court. At what time did you take down the public notice written by you and signed by Mr Thomas Wilkinson from the gate of the Government Cottage.

Answer. I did not take it down on the 29th of August last, I think I took it down the following day or the day after.

Thomas Wilkinson sworn saith

Question by Prisoner. Will you state what paper this one produced is referred to already shewn the witness.

Answer. It is a Notice that No person was to be admitted on 29th of August last at the Government Cottage it is signed by me by the Commandants order. I posted it at the gate of the Government Cottage about Ten oclock in the morning in question. The Commandant took it down

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Adjourned to Mrs De Little’s residence

Mrs Belinda de’ Little sworn saith, I was coming out of the Government Cottage on the day the female emigrants landed from the “Amelia Thomson” Two gentlemen rode in, and wanted to pass by the Sergeant, he would not let them & they insisted on passing by. One of the Gentlemen asked the soldier if he knew who they were. The Soldier said he did not care who they were. He had his orders to let know (crossed out) no one pass. The gentlemen had some words with the Soldier. I can not say exactly what they were but one of the gentlemen passed the Soldier the other stood still and had an argument with the soldier. I cannot say what were the words. The two gentlemen talked together one of the two gentlemen said I cannot say which Ride over him or ride him down, on that the soldier drew his Bayonet and said they should not pass by. I became so frightened I got away to the steps of the Government Cottage but I left the two gentlemen behind. Mr Franks was the gentleman who pushed passed. The other gentlemen was talking with the soldier for about ten minutes. I left the place. The prisoner was the soldier who was at the gate it was about four o’clock in the afternoon

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Question by the Court. What was the Sergeants manner when he stopped them. Answer It was stiff. It was neither Civil nor uncivil. I did not hear one disrespectful word. It was stiff. It was rather much so.

Question. Was the manner of the Gentleman who pushed passed the Solder uncivil?

Answer. It was civil. The Gentleman did not appear uncivil to the soldier first they were offended at not being allowed to pass.

Question Did the Soldier become uncivil at first or did he become so after the gentleman had past?

Answer. After one Gentleman had passed him.

Question. On being refused admittance did the gentleman who was first stopped loose his temper.

Answer. No Sir I cannot say that he did.

George Moore being sworn saith I am a prisoner of the crown.

Question by Prisoner. Did you hear

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Hear Mr Franks say/ near the Police office on the 29th of August last the day the females were landed from the “Amelia Thomson”/ to Mr Clark They have refused to let me in to the Government Cottage let us go up together and try to get in somehow?

Answer Nothing of the Sort. I did not see Mr Franks or hear him speak. Sergeant Sweeney being questioned if he has any more witnesses to call answers None.

Mr President asking Mr Clark if he has anything to urge Mr Clark  replies, I wish to put a question to Mr Franks to which he did not give me an answer before.

Mr President replies Mr Clark you were asked when such witness was called whether you had any more questions to put and you replied none therefore as president of the Court I must tell you it cannot be allowed.
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Mr President and Gentlemen

Before commenting on the evidence produced on this prosecution I wish it to be distinctly understood both by the court and the public at large that I have  particularly desired this Court Martial should not take place. But it appears that my request to quash these proceedings, or even to postpone the trial, until the further orders of the Colonel Commanding should be made known, could not be acceded to. The President considering his orders to proceed to be imperative of course I could not shrink from the duty imposed on me by the President of this Court Martial to prosecute on the part of the crown. That the Sergeant should not be injured, I sincerely wish; and could a recommendation from me have any effect in his favour I beg now most respectfully and earnestly to press it on you.

I will commence by observing, to prevent misunderstanding that when I went in the first instant to the Government Cottage it was on duty, my object being to give instructions to my constables stationed there by my orders on that day and previous

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Previous to delivering those orders I should certainly have consulted the wishes of Ladies of the Committee with reference to the arrangements to be made. My second object when  returning accompanied by Major Ryan was less to gain admittance, than the right of admittance/ improperly withheld from me as I conceived by Major Ryan/ that right being obtained, I would have given the necessary instructions to my constables without entering the garden gate, if I had supposed my going in w h (crossed out)ould have been contrary in any degree to the rules established by the Ladies Committee!

Much of the examinations have but little reference to the conduct of the Sergeant, on the charge brought against him which I regret much was ever entered upon by a Court Martial and in making my complaint against the Sergeant I wish distinctly to state that my accusation was not for stopping me at the Government Cottage in the execution of my duty, for in doing so he was acting only in obedience to his Commanding Officer, who for his orders alone is responsible – but my charge is for intemperate language

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Language and violent conduct after having allowed me to pass, without any obstruction, the gate he was placed in charge of, and I cannot but regret that the Sergeant in the first instance when at the gate did not communicate to me his orders to prevent my admission, in which case none of these unpleasant circumstances could possibly have occurred. I have already admitted, and I hope the Court will distinctly bear in mind, that the Sergeant acted in obedience to the orders of his Superior. While his objectionable manner of doing so probably arose from his being taken by surprise, which I trust will appear evident to the Court from the ready manner of putting up his bayonet when spoken to.

An attempt has been made to make it appear to the Public that I was going with improper motions to the Cottage & endeavoured to force a sentry on his post. This I consider sufficiently contradicted by the testimony of every credible witness – in fact by the admission of the Sergeant himself. I shall therefore not allude again to that point

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Point. In referring to the evidence of Mr Franks compared with that of the other witnesses there appears a contradiction of (crossed out) in opinion as to his want of temper. I scarsly (?) think it necessary to remark that this is mere matter of opinion, and what is considered tolsues of temper in one man may not be so considered in another. Some of the members of this Court will know that Mr Franks usual manner is loud and animated. I will call your attention to another point in the evidence of Mr Franks, which might affect the testimony (crossed out) value of his testimony in your estimation, it is remained unexplained. When I put the question “Where you given to understand by Major Ryan after the first refusal by him “that you could go in” He answered” The impression on my mind was that I could not go in on that particular day for the purpose of requesting the ladies to select a servant for Mr Archer” This was no answer tomy question and it was clear he did not understand it; and I cannot sufficiently regret the court did not permit me to put another question to elicit an answer to the purpose which circumstance was really an injustice to that gentleman

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Gentleman as it stands on record as an answer at variance with a former statement that he had the permission of Major Ryan to go to the Cottage, and which he evidently assumed he had, whether correctly or not from the conversation which he had had with that Gentleman who in his evidence states thus: “I told Mr Franks that I should ride up by and bye, and that he could go with me.. and in putting I told Mr Franks, that if he was going up (in crossed out) to the Cottage in all probability if he sent in to Mrs Barnes he could get admitted. This Matter would appear irrelevant to the present trail, and indeed would be so, did it not go to affect Mr Franks testimony.

It must be supposed that these gentlemen misunderstood each other.

In closing these remarks on the case before the Court I would again repeat that the Sergeant erred rather in judgement than in intention and that his error probably arose from the very delicate position in which he was placed.

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/Copy/ Launceston September 21st 1836

Dear Sir

We have much pleasure in assuring you that after having carefully read the evidence elicited on the Court Martial upon Sergeant Sweeney, and having heard your explaination, we consider there are no grounds whatever for believing you have provicated in your evidence and that the whole matter has originated in a misapprehension which we consider you have most satisfactorily explained to us.

We are Dear Sir Yours very faithfully

/Signed/ George Wing JP Commander RN William Reilly JP late Capt. 63d Regt. R Petty Stewart late Capt. 40th Regt. Williams JP Matt Curling Friend JP Lt RN

Memorandum. I was in court during the whole of the time you were under examination and I am quite prepared if required, to give evidence to the straight forward manner in which you conducted yourself and relied to the questions put to you /signed/ R Petty Stewart

To William Franks Esquire

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(in pencil)

Court Martial Launceston 1836 Sergeant Sweeney

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President and Gentlemen

Before commenting on the evidence produced on this prosecution I wish it to be distinctly understood, both by this Court and the Public at large that (I had no wish whatever to bring the Prisoner  the Court Martial on the contrary – crossed out). I have particularly desired (it – crossed out) this Court Martial  should not take place. But it appears that my request to quash these proceedings, or even to postpone the trial, until the further (pleasure – crossed out) order of The Colonel Commanding would be made known, could not be acceded to.  The President considering his orders to proceed to be imperative. Of course I could not shrink from the duty imposed on my by the President of this Court Martial to prosecute on the  part of the (Govt. – crossed out) Crown (in pencil).That the Sergeant should not be

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Injured I sincerely wish and could  a recommendation from me have any effect in his favour I beg now most respectfully and sincerely to put it to you.

I will commence by observing, to prevent misunderstanding, that when I went in the first instance to the Govt. Cottage it was on duty my object being to give instructions to my constables stationed there by my orders on that day, and previous to delivering those orders I should certainly have consulted the wishes of the Ladies of the Committee with reference to the arrangements to be made. My second object (being – crossed out) when returning, accompanied by Major Ryan, was less to gain admittance, than the right of admittance,/  improperly withheld from me,

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–  –  -, by Major Ryan/ that right being obtained, I would have given the necessary instructions to my constables, without entering the gardens gate, if I had supposed my going in would have been  contrary in any way to the rules established by the Ladies Committee.

Much of the examinations made but little reference to the conduct of the Sergeant on the charges (s crossed out) brought against him, which I regret much was ever entered upon by a Court Martial, and in making  my complaint against the Sergeant, I wish distinctly to state, that my (? Crossed out) accusation was not for stopping me at the the Govt. Cottage in

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The execution of my duty – for in doing so he was acting only in obedience to (?crossed out) his commanding officer, who for (those crossed out) his orders alone is responsible – but my charge is for intemperate language and violent conduct after having allowed me to pass, without obstructions, the gate he was placed in charge of. And I cannot but regret that the Sergeant in the first instance, when at the gate, did not communicate to me his orders to prevent my admittance, in which case, none of these unpleasant circumstances could possibly have occurred.

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I have already admitted, and I hope the court will distinctly bear in mind, that the Sergeant acted in obedience to the orders  of his superiors, while his objectionable manner of doing so, probably arose from his being taken by surprise, which I undst. will appear evident to the Court, from the ready manner of putting up his bayonet when spoken to.

An attempt has been made to make it  appear to the Public (? Crossed out), that I was going with improper motives to the Cottage, (?) to force an entry on his post. This I consider sufficiently contradicted by the testimony of every credible witness – in fact

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By the admission of the Sergeant himself I shall therefore not allude again to the point.

In referring to the evidence of Mr Franks compared with that of the other witnesses (? ? ? ? crossed out) there appears a contradiction in opinion as to his (? Crossed out) want of (?) I scarcely think it necessary to remark that this is mere matter of opinion, and  when is considered violence of temper in our (?) may not be so considered in another. Some of the members of this Court will know that Mr Franks’ usual manner (? Crossed out) is loud and animated.

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I will call your attention to another point in the evidence of Mr Franks, which might affect the value of his testimony in some estimation, if it remained unexplained.  When I put the question “Were you given to understand by Major Ryan after the first refusal by him that you would not go in” He answered “The impression on my mind was that I could not go in on that particular day for the purpose of requesting the Ladies to select a servant for Mr Archer.” This was no answer to my question, and it was clear he did not understand it. And I cannot sufficiently  regret the Court did not prevent me to put

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Another question to elicit (? ? ? crossed out) an answer to  the purpose; which circumstance was really an injunction that gentleman as it stands on record as an answer at variance with a former statement. ? had the permission of Major Bryan to go to the Cottage, and which he evidently ass(umed) he had, whether correctly or not. Found consideration he had had with that gentleman, who in his evidence states that? “I told Mr Franks that I should ride up by & bye, and that he could go with me, and in ? I told Mr Franks, that if he was going up to the Cottage in all probability if he sent in to Mrs. Barnes

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He could get admitted” – This matter would appear irrelevant to this particular trial, and indeed would be so, did it not go to affect Mr Frank’s testimony. ? ? ? ? ? ? crossed out. It must be supposed that this gentleman misunderstood each other.

In closing these remarks (before the court crossed out) on the case before the Court. I would again repeat that the Sergeant erred rather in judgement than in in ?, & that his error probably arose from the very delicate (? Crossed out) position in which he was placed.

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Copy

Mr Franks presents his compliments to the Ladies of the Committee for the Female Emigrants per “Amelia Thompson”, and has the honor to acknowledge receipt of their note of this morning requesting him to relinguish both proceedings against Sergeant Sweeney, on which that (soldier crossed out) Non-commissioned officer has been ordered to be brought to a Court Martial. This (crossed out) today and begs to inform them in reply that he will be (most crossed out) very happy to comply wishes, from the testimony

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Of desiring to spare them the unpleasantness which they anticipate if the matter were proceeded on.

Launceston 16th Sepr. 1836 John Clark

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The undersigned ladies of the committee for the female Emigrants per “Amelia Thompson” present their compts. To Mr Clark and request as a particular favour that he would relinquish  all proceedings against Sergeant Sweeney of the 50th Regt.

The Sergeant was placed at the gate of the Govt. Cottage by their especial desire and should the proceedings

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Proceedings be persisted in – and they be compelled as witnesses to attend – it would be as disagreeable to them – that they would deem it provident in future to declare becoming members of

Similar committees.

Launceston 16th Sep. 1836

Diana Gleadow S W Robertson

A?? Jane Barnes S Sonython [Bonython?]

A Jennings S Munroe

C Price Ann Eddie

E Dowgate R Reibey

E A Hugh Mary Underwood

E Dowling Susan ?

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Mary Ann Lawrence F C Friend [Matthew Curling friend’s wife?]

M Thomson

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/ Copy/ Launceston September 21st 1836

Dear Sir

We have much pleasure in assuring you that after having carefully read the evidence elicited on the Court Martial upon Sergeant Sweeney, and having heard your explanation, do consider there are no grounds whatever for believing you have pronunciated in your evidence: and that the whole matter has originated in a misapprehension which we consider you have

To William Franks Esqr.

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Have most satisfactorily explained to us.

We are Dear Sir yours very faithfully /signed/

Geo. King JP Mss. Neilling JP R Petty Stewart William Barnes JP

Mat Curling Friend

Mem0. I was in Court during the whole of the time you were under examination and I am quite prepared (if required) to

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To give evidence to  the straight forward manner in which you conducted yourself and replied to the questions put to you. /signed/ R Petty Stewart

Commander RN late Captain 63rd Regt. late Captain 40th Regt. Lieut RN

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The Defence 19th Sept. 1836 Captn.  ? ? duly  sworn answers as follows

Question Prisoner Did You go up to the Government Cottage on the 29 August last for the purpose of entering it.

Answer I did.

Question by Prisoner Did you gain admittance

Answer No I did not

Question by Prisoner. What prevented you?

Answer The Prisoner was on duty and told me he had the Commandants orders not to let any one in and he should not let me in

Question by Prisoner Where you in full uniform

Answer I was

Question by Prisoner What was my manner towards you in making that communication to you

Answer Respectful

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Question by Prisoner Are you aware of Your own knowledge that I refused admittance to any other Gentlemen

Answer Two that were with me

Question by Court Will you state the Prisoners general character and whether you think he is likely to behave (disrespectfully crossed out)rude to any one without provocation

Answer His General Character is extremely good, steady and sober. I think he is one of the last men in the Regt. To behave (?crossed out) rudely without provocation I was sure of it from my personal knowledge of him.

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Major Ryan recalled

Question by Prisoner Did you return to the Government Cottage with Mr Clark after he made the Report to you respecting the Prisoners conduct on the 29th August last

Answer I did

Question Did you tell the Sergeant that there was no General Rule without an exception and that he ought to have used his discretion & admitted Mr Clark

Answer I did or words to that effect

Question by Prisoner What was Your reason for saying this to me?

Answer When I expressed myself in that manner to you & in presence of Mr Clark I considered at that moment the assault upon Mr Clark & Mr Franks was that of a violent nature but I had not

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Been put in possession fully of your explanation at that moment. Your manner was confused and You replied “Sir You know you gave me orders not to admit any one” and Mr Clark & Mr Franks shortly afterwards rode up (to the grounds crossed out)then explained to me that Mr Franks threatened to ride over ? or ride you down and ? ? ? ? ? I was then under a different impression of the circumstance in consequence I did not believe you ? Your Post but returned you at your duty as I conceived you were fully justified in the manner in which he had conducted himself.

Question by Court At what time did you take down the Public Notice written by you and signed by Mr

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Mr Wilkinson from the Gate of the Government Cottage.

Answer I did not take it down on the 29th of August last I think I took it down the following day or the day after.

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Thomas Wilkinson sworn

Question by Prisoner Will you state what paper this produced is – /Public referred to already thereon the witness/

Answer It is a Notice that some person issued to be admitted on the 29th of August last at the Government Cottage. It is signed by me by the Commandants order. I posted it at the Gate of the Government Cottage about ten oclock in the morning in question. The Commandant took it down.

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Adjourned to Mrs De Littles’ residence.

Mrs Belinda de Little sworn, saith I was coming out of the Govt. Cottage on the day the Female Emigrants landed from the Amelia Thompson. The gentlemen rode in and wanted to pass by the Sergeant – he would not let them, and they insisted on passing by – One of the gentlemen asked the solder if he knew who ? Soldier said   ? ? ? who they were – he had his orders to let no one pass. They gentlemen had some words with this soldier I cannot say exactly what they were but one of the gentlemen passed the soldier the other stood still I had an argument with the soldier. I cannot say what were their words. The two gentlemen  ? together me if the two gentlemen said

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I cannot say which ride over him or ride him down on that the soldier drew his bayonet and said they should not pass by. I became so frightened, I got away to the steps of the Govt. Cottage that I left the two gentlemen behind. Mr Franks was the gentleman who rushed passed. The other gentleman was talking (when I left crossed out) with the soldier for about ten minutes. I left the place.

The prisoner is the soldier who was at the gate. It was about four o’clock in the afternoon.

By the court – What was the ? manner when he stopt them. It was stiff. It was neither civil nor not uncivil. I did not hear one disrespectful word. It was stiff it was rather much do

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Qd. What was the manner of the gentleman who rushed passed the soldier uncivil?

A.It was civil.

The gentleman did not appear uncivil to the soldier first. They were offended at not being allowed to pass.

Q. Did the soldier become uncivil at first or did he become so after the gentleman had passed.

A.After the gentleman had passed him

Q. On being refused admittance did the gentleman who was first stopped lose his temper

Ans. No sir, I cannot say that he did

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George Noose sworn saith I am a Pr. Of the Crown

Questioned by Prisoner Did you hear Mr Franks say near the ? on the 29 of August last the day the Females were landed at from the Amelia Thomson to Mrt Clark They have refused to let me in at the Govt. Cottage let us go up together and try to get in some how.

Answer. Nothing of the sort. I did not see Mr Franks or hear him operate.

Sergeant Sweeney being questioned if he has any more witnesses to call answers Non

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Mr ? ? ? ? Mr Clark if he has anything to urge Mr Clark replies. I wish to put a question to Mr Franks to which he did not five me an answer before.

Mr President replies Mr Clark you were asked when such witness was called whether you had any more questions to put and you replied none therefore as president of the Court I cannot take you ? cannot be allowed.

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Town Adjt’s office 9 Septr. 1836

Sir,

The proceedings of the Court of Inquiry held at Launceston on the 30” ult. To investigate the conduct of Sergeant Bernard Sweeny of the 50th Regt. Regarding his recent improper behaviour towards you and Mr Wm. Franks, having been bought under the notice of the Colonel commanding, and His Excellency having been pleased to direct that this non Commissd. Officer shall be bought to trial before a Court Martial to be assembled at Launceston on the 15th inst.

I have the honor therefore to enclose you a copy of the charge upon which the prisoner

John Clark Esq Police Magistrate Launceston

P 189

Prisoner will be assaigned, in order that you may be prepared with such evidence as you deem necessary in support of the prosecution.

You will have the goodness to read the names to Major Ryan as early as possible.

I have the honor to be, Sir, Your most Obd. Servant, Edwd. B. Burn, Lt, Town Adjutant.

P 190

Sergeant Bernard Sweeny, No of the 50 or Queen’s own Regiment to be brought to trial on the following Charge

“For having when on duty at the Government Cottage in Launceston on the afternoon of the 29th of August 1836, used highly improper and disrespectful language to, and committed an assault with his drawn bayonet upon, the Police Magistrate (John Clarke Esquire) and Mr William Franks, – at the same time threatening than he would run the latter Gentleman through: – Such conduct being unbecoming the character of a Non Commissioned Officer, and subversive of good order and Military discipline.

By Command.t. Edwd. B Burn, Lt. Town Adjutant. Town Adjut’s Office 9 September 1836

P 191

Court Martial Sergeant Sweeney 1836 Launceston (in pencil vertically)

P 192

Entered

Police Office, Launceston

Island of Van Diemen’s Land To Wit To The Chief Constable, of Launceston in the said Island and to all Petty Constables, and to the Keeper of His Majesty’s Goal at Westbury in the said Island or His Deputy.

You the said Constables herewith receive the Body of Thomas Richard White a transported offender who ha this Day been brought before me, John Clark Esquire – one of His Majesty’s Justices of the Peace in and for the said Island, charged upon oath With Absconding and Suspicion of Felony and him safely convey to the said Gaol.

Therefore, on behalf of Our said Lord the King, I command you the said Gaoler or your Deputy, and each of you, that you or one of you, receive the said Thomas Richard White into your Custody in the said Gaol, and him safely keep for further examination before A B Jones Esquire JP at Westbury aforesaid.

GIVEN under my Hand and Seal at Launceston this Ninth day of July in the year of our Lord, One Thousand Eight Hundred and Thirty Six

John Clark

P 193

Westbury Island of Van Diemens Land to wit The Information and Examination of Thomas Richard White saith I accompanied Mr Bonney into the Bush and acted as leader to the Party I took him to a Valley between Westbury and the Tamar I first shewed him a small hut which I, Camplin and Samuel Britton pulled down This was the hut built by me and Camplin. During the Time we lived in this Hut, I went down to Kinlays at the Devils Elbow and Britton was there. When I went in Camplin Kinlay and Britton had some conversation together outside the hut. Kinlay came into the house and told me I had better join that Man, as he would put us in a Better way, as he knew the Bush better. At this Moment I did not know who the Man was, we did join him and took some Tobacco Tea Sugar & Flour, which was giving to us gratuitously as we regularly dealt with him, we made for the Supply Creek stopt there that night and started next Morning I went to Brittons Hut, it was a hut built

P 194

Of Fern, Stone Chimney & Bark floor and capable of holding 3 Men. Britton had a double barrelled gun and gave My Mate a Musket, he was very suspicious of me would not let me out of his sight & used to follow me when I went for water. We all three lived together for about a Month, Britton had a considerable Quantity of Flour Tea Sugar Tobacco and had some Mutton salted in a Box he shewed? Mr Bonney During the Time we resided together we killed 4 Sheep 2  first were Mr Brumbys the other 2 Mr Jones’s Britton and Camplin got a head of 50 Sheep on 4 Spring Plains I assisted the other two to drive them down to a stock yard about ½ a mile from Kinlays Place. I stopped & minded them while the other Two went to Kinlays. Kinlay came to the Stock Yard and looked at them, and we all then went to Kinlays hut and had some thing to eat.When we went we took away 2 Bottles of Rum with us at this time we had plenty of Provisions at the Hut. On our way back we

P 195

Stopt at Brittons half way house and got intoxicated. Britton called me a cowardly rascal for not going and assisting Camplin when the Shepherd was struggling with him this took place between 6 & 7 weeks ago. I remained in company with them about a week after and the reason why I left them was that they talked about going to shoot Mr Jones’s Shepherd. My first intention was to have given myself up at the Supply Mills, but in consequence of meeting with a Sawyer who asked after Camplin, he persuaded me to go into Launceston and give my self up which I attempted to do but my heart failed me I then took away a Boat and went down the river and was taken as already stated in my former Examination. I never heard what was to be given for this ship. While I was with Britton we killed between 4 & 500 Kangaroo (skins crossed out). Britton had plenty of Powder and shot and plenty of Caps Percussion. We found out it was

P 196

Samuel Britton by going down to Kinlays. By the appearance of Brittons Hut it had been built about 6 Months. By the appearance of Britton he must have been the same Man I mentioned in my former Examination of having been at the Supply flats. We had 3 dogs a black one belonged to Britton and but I was afraid to tell more and this in continuation is also the truth and I am ready to step forward and assist the Government in any way that lays in my Power. I know Harry James quite well and know John Rosevear, he used to work with him when I was at Port Sorell Britton was with me and he and Camplin went to where Harry James lived, When I separated from Britton and Camplin Britton was in the hut and Camplin was out with the Dogs. I am certain that the head of the Sheep and which

P 197

And which I saw laying on the floor of the office is one of Mr Jones. The double Barrelled Gun Britton had had 2 odd Cocks it had a Colonial Stock, it was a twisted Barrell it had the name “Mortinson on the Barrell and there was a name on the lock it was I think either Manton or Manning. Britton & Camplin never trusted me much as they made a sort of servant out of me to cook for them.

Thomas Richard White Witness Charles Walker

This answers the description of the Gun taken from Mr Charles J Walker taken by Britton Jeffries & Brown during his residence on the River Tamar.

Taken before me this 18th ? July 1836

P 198

?? Police Office Westbury 19th July 1836

Information & Examination of Richard Gough who on Oath deposeth and saith

I am a Constable at Westbury I was in the Bush on Saturday Morning on duty with the District Constable. I ascertained and found out that one Samuel Britton and one John Camplin per Larry, aided and assisted by one Thos. Rich White did feloniously steal take & carry away Fifty Sheap or thereabout from and off a placed called the Four Springs Plains and did drive the said sheep to, and feloniously to, and place them in a Stock Yard belonging to one Willm.

P 199

Kimbley situate at or near the place called the Devils Elbow, near the Tamar River, and that the said Mr Kimbley did feloniously secure the said sheep well knowing them to be Stolen from an off the said Samuel Britton, John Camplin and Thomas Richard White, and further killed the said Mr Kimbley did Harbour assist and provide with food the said Armed Bushrangers Samuel Britton John Camplin and Th.Rich. White. I do therefore pray ? the ? ? ? may be used in due course of Law and that Justice may be done in the case aforesaid. Richard Gough

Taken and sworn before me on the above day at  Westbury ??

P 200

Westbury Island of Van Diemens Land To wit

The Information and the Examination of Thomas Richard White saith In my former examination I said I went with Camplin to the Supply Mills for the purpose of robbing it We got in a little window near the Water wheel, We went up to the Top loft where (Camplin crossed out) Thompson slept. We were feeling round the room for some flour and I felt his Clothes, His Watch was in the Pockets. I took it out and gave it to Camplin. Camplin went down stairs, Thompson got up and laid hold of me, but I got away from him it was quite dark. I did not speak to him and I do not know how he could know me. I sold the Watch the next Morning to William Nelson / I think his name is William/ at the Devils Elbow. I got 10/- in flour and  5/- ? in money and he ? told me he had bought it off Nelson. The Watch I mentioned in my former examination I also sold to Nelson, Camplin told me he got this one from the Supply Mills, it was a thick silver Watch, roman figures on the Dial Plate and that he had got it from a Government Man of one the Calston at the Mouth of the Supply Creek

P 201

And we got Tea sugar flour to the amount of 10/- and I should know it again if I saw it, & I have been along with Camplin and a Government MaN OF Barretts, he is called Jack, Dark complexion and about 30 Years of Age, in stealing 2 of Mr Raffys Sheep out of his home Paddock where they were kept to fatten. Jack and I took them to Town and sold them, with some onions we stole from one Holliday. This was at night the Sheep were killed and striped and we sold them to a Man named Siddesby the Publican. We got 1pound in Money and a Bottle of Rum for the Whole. We left the skins behind and I ? Mr Ruffys then found the skins afterwards Jack introduced me to this. ? ? and said he was in the habit of buying sheep from him. We stole 4 sheep from Mr Manifold and drove them to Port Sorell and sold them to Harry James, Britton and Camplin were with me, We got flour Tea Tobacco and Sugar for them, 10 or 12 lbs of Flour. We killed them before we sold them and part of the skins we made into

P 202

Moccasins and the remainder we threw in the River. I do not know the names of the men who are in the habit of killing sheep, but I should know them if I saw them. During the time that Britton I and Camplin were together we killed about 20 sheep and what I told you in my former examination about 50 sheep being sold to Kinlay is true and I am ready to ?I am aware there is a hut between George Town and Georges River, & I stopped in this hut with Britton & Camplin 2 days. We heard that some Constables were coming down from Launceston and Kinlay put us across the River, the Post Messenger told us that the Constables were coming. We stopped about a week at Georges River and then came and stopped in a cave at Spring on Beveridges farm. We stopped there 3 days, there was a rope ladder that let us down about 12 feet deep, on our return back. We took a Boat belonging to Barretts Brother

P 203

And crossed again. The Watch I took from Thompson had the Initials J T scratched in the Inside and Chiddle told me that no harm could come as he had taken the letters out. Camplin told me he put Water in a Gun in Brumbys but the Time it was robbed by him and Britton I was not there. We (often crossed out) used to go by Brumbys Hut very often and nobody took any notice of us. I have every reason to think that Brumbys  shepherd must have seen us several times. At the time that the 50 Sheep were stolen Britton & Camplin were gone about 3 hours to collect them. The 2 Sheep as mentioned in my former examination, Britton went & got himself And we have passed a Man within 10 yards on the 4 Spring Plains. I have every reason to believe that Britton has some friend nearly or at Brumbys hut as the day the 2 sheep were killed Britton brought back some Tobacco, Jack,  Barretts Man used to Bring the Papers from Launceston to Kinlay and he gave them to us. During the Time I was in the Main of the Mill I sold upwards of (pound)100 worth

P 204

Of flour to Rosevear the Publician he used to give us half price for it. Scansbroke had charge of the Mill he gave us the flour and we sold it to Rosevear, and we used to give him half (crossed  out) part of the Produce. There was sometimes 8 or 9 Cwt. At a Time we sold to Rosevear. He used to get (pound)5 at a Time and Grog.

Thomas Richard White Witness Charles J Walker Westbury

Taken before me this ?th day of August 1836 ? ? ?

P 205

Westbury Island of Van Diemens Land To wit

The Information and Examination  of Henry Bonney on oath saith Referring to my former examination I was ordered into the Bush the 19th of last Month, taking one Thomas Richard White with me and he is a prisoner of the Crown. I proceeded from Westbury to Port Sorell and during  one March White informed me that himself Britton and Camplin had stole Two fat Sheep from Mr Ruffy a sack of onions from one Holloway living on the other side of the River & he went up in a Boat up to Launceston with them, the Boat was called the Shamrock and sold them to a Man named John Tiddsley, he also said he had robbed a Hut between Mr Ruffy and the Devils Elbow of a New Hat and 2 (Black crossed out) Silk Handkerchiess and sold them to Harry James at Port Sorell and that he had at different Times, sold flour from the Maid of the Mill during the Time he was in it to the Amount of ? (pound)100 to Rosevear the Publican on the Tamar & he had been paid in grog, and that he &

P 206

The other Two stole 4 Sheep & driven them down to Port Sorell & sold them to James. There are upwards of 25 Men and Women at Port Sorell and Two Crafts to carry away sawn and split stuff, and there are five Men living on one of the Island at the Mount Sorell they are ? & Splitting and there is about 2 acres of wheat nearly ¼ acre of onions and a large Quantity of Potatoes. When I was at Port Sorell I was told  by one (Willi crossed out) Billy Woods and a Man called Boatswain that White’s two Mates had crossed the Tamar and were down at George’s River, he knew them to be the same two as were with White, as they once attempted to take his Boat when White was with them, at Port Sorell there are a great Number of Huts some 2 Miles apart from each other.

Henry Bonney

Taken & Sworn before me this fourth day of ? August? 1836 Westbury

P 207

Westbury County Westmoreland Island of van Diemens Land to wit

The Information and Examination of Thomas Richard White saith I know where some of the articles stolen from Brumbys Hut are. I know where a Waistcoat is that was stolen. It is in the Possession of a person who goes by the nickname of Parson Bedford, a Sawyer at work at the Back of Middle Arm, it is a Blue Waistcoat with spots in it At the time we stole the sheep at Mr Ruffey’s we rodb his Hut of a Musket, and some flour and the Musket is in the Possession of Jack Barretts Man and was about 4 Months ago, kept in a Boat called the Shamrock, about 3 Weeks before I was taken we robbed a Hut of a Man of the Name of Belcher, & took out of it a Hat and 2 Silk Handkerchiess, Camplin took possession of the Hat and wore it Britton took the handkerchiess & we took them to Harry James & got some provisions for them

Thomas Richard White Witness Charles J Walker Police Officer Westbury

Taken & sworn before me this 5th day of August 1836 ? ? ?

P 208

1st August 1836 Information v Thos Richd. White Prisoner Abscond. 1st February

P 209

Memorandum

The Constable named in the margin has been transferred from the District of Oatlands to that of George Town, on the Salary Abstracts of which Station he will be borne from the 1st proximo.

Mr Friend will have the goodness to take care that Window is on no occasion allowed to go out of the George Town District.

? Police Office Hobart 25th Novr. 36

David Window free

M C Friend Esqr. ? George Town

P 210

APM 25 Novr. 1836

David Window free

Appointed a Constable at George Town

P 211

Memorandum

Forms similar to the enclosed which were transmitted to Mr Friend with the Circular under date 19th Octr. Last have not been yet received at this office. Will Mr Friend be so good as to have the enclosed correctly filled up & return them if possible to this office by return of Post.

The Polalation is of great importance & most urgently required.

? Police Office, Hobart 6th Jany.37

M C Friend Esqr. JP

& & George Town

(note in lhs margin

3 would they have been included in Launceston returns – such fact must be stated)

P 212

6th January 1837

CPM Requiring a return of the Population and produce in the District of George Town

P 213

Copy

Police office George Town November 19th 1836

Sir

I have the honor to inform you that the man named in the margin holding a Ticket of Leave and who absconded from this station in april last has been brought back by the Brig Henry from Port Philip and is now in Custody at this place.

(written vertically on lhs margin

Thomas McMenenny Caledonia)

I have the honor to be Sir your most obedient servant Mat. Curling Friend ? Magis

To M Forster Esqre. Chief Police Magistrate Hobart

P 214

(written vertically on lhs of paper)

The first object is if possible to prosecute the person or person who took him under The Consd. Act which may by only of the Man to make a confession but without promise of reward. The Man should be tried before Two Magistrates under the Consolidated Act.

? 23rd Der 36

? ? ?

(written  vertically on rhs of paper

CPM

Directions to  try Thos. McMinorry under the Consolidated act

P 215

Memorandum

The Lieutenant Governor has been pleased to approve of the man named in the margin being appointed a Constable in the District of George Town. Mr Friend will therefore have the goodness to swear him in when he shall present himself for that purpose, reporting when he has done so to this office in order that Golding may be Gazetted accordingly.

? ? Police Office Hobart 3rd Novr. 36

M C Friend Esqr. Jp George Town

John Goldring 1035 Wm Metcalf

P 216

CPM Memo Novber. 3rd 1836

John Goldring per Wm.Metcalf appointed a Constable for the district of George Town.

P 217

Memorandum

The Lieutenant Governor having approved of the men named in the margin  being appointed Constables in the District of George Town Mr Friend will be so good as to swear them in when they shall present themselves for that purpose, and report the day he has done so to this Office in order that they may be Gazetted accordingly.

In the absence of the CPM ?? Police Office Hobart 17th June 36

M C Friend Esqre. JP & & & George Town

Michael Ashton  ??03 John Jerusalem Rd Party

?mes Millington  ?16 Ld. Wm. Bentick  ass Tree Hill Rd Party

P 218

7 June 1836

CPM

Appointing Michael 603/ Ashton per John and James 1016 Millington Lord Wm. Bentink Constables for George Town

P 219

Police Office George Town June 2nd 1836 Sir

Being so very short of constables and tho duty having so much increased I have to request you will be pleased to cause our number to be filled up and beg to recommend the persons named in the margin –

I have the honor to be Sir Your Obedient Servant Mat Curling Friend JP

M Forster Esqre.  Chief Police Magistrate Hobart

(in margin on lhs 725 James Dooley per Lord Lynedoch 14 years

383 John Griffiths Georgiana 7 years)

P 220

T Pike abd. James Dooley and John Griffiths not be taken into the Police their conduct not being sufficiently good.

The conduct of these men has not been sufficiently good since they have been in the Colony to entitle them to admission into the Police

? Police Office Hobart 30th June 36

M C Friend Esqre. JP George Town

P 221

1673

143

5th July 1836

Memorandum

With reference to the circular from this office under date the 2nd July 1836 relative to the sale of allotments in the townships in the Interior directions have been given for an Officer of the Survey Department to attend at such sales with a Map indicating the extent of each allotment.

The Chief District Constables are to be distinctly warned that no allotment is to be sold at a less sum than that specified in the  Government Gazette as the minimum price and should

The Resident Magistrate George Town

P 222

Should they fail to pay attention to this position it will be at their own risk.

?? Police Office Hobart 7th July 1836

Referred to the CP Constable July 12 M C Friend

To be returned

P 223

July 5th 1836

CPM

CP Constable to be responsible in case they should sell any allotments under the price named in the Gazette

P 224

Memorandum

In reference to Mr Friends application of the 29th Inst. For an authority for the payment of nine pence per diem to two Constables who were dispatched in pursuit of William Gribble Rev River absentee – I am directed to observe that the circular of the 17th of May last only applies to cases in which authority shall first be obtained from this office and which can seldom be requisite excepting indded when parties of Bushrangers are out and when it may be necessary to send roving parties in quest of them.

?? Police Office Hobart 30th August 1836

M C Friend Esqr. JP

P 225

(date unclear)

CPM respecting Mr Friends application for nine pence per diem for two Constables who went out on Bush duty.

P 226

Memorandum

The Lieutenant Governor has approved of the man named in the margin being appointed a Constable in the District of George Town. Mr Friend will therefore have the goodness to swear him in when he shall present himself for the purpose reporting when he has done so to this office in order that he may be Gazetted accordingly.

?? Police Office Hobart 28th Septr 36

M C Friend Esqre. JP George Gown

James Brown  1084 Woodforde (2)

P 227

CPM Sepbr. 28th 1836

Appointment of 1084 James Brown Woodford as Constable for the George Town district

P 228

Sir

I have the honor to state that being appointed by His Excellency the Lieutenant Governor  inspector of Stock at this station and being informed that a Salary is attached to such situations

May I beg to solicit your interest on my behalf for a Salary for the same

I have the honor to be Your most Obedient Servant Charles Foreestur Inspector of Stock

To M C Friend Police Magistrate George Town

P 229

Referred to the Chief Police Magistrate Geo Town Oct 6 1836 Mat Curling Friend

The Lieutenant Governor regrets that he cannot comply with the request contained in this communication. ?  15th October 36 M C Friend Esqr. JP

October 5th 1836

CPM Mr  Geevston ? not to have a Salary as Inspector of Stock

P 230

Police Office George Town October 14 1836

Sir

The Man named in the margin having been represented to me as well qualified for the Police. I have the honor to request you will have the goodness to cause him to be appointed to this station being two constables short of our complement should you approve it.

I have the honor to be Sir Your most obedt. Servt. Mat Curling Friend

? ? Foster Esqre. Chief Police Magistrate Hobart

William Fogarty Argyle

P 231

Petitioner conduct has not been sufficiently good since he has been in the Colony to entitle him to admission into the Police.

? Police Office Hobart 10 Novr. 36 M C Friend Esqr. JP George Town

October 14th 1836

Wm Foggarty per Argyle conduct not good enough to entitle him for the Police

P 232

Police Office George Town September 27 1836

Sir

I have the honor to inform you that in the Constables abstracts for the month of July last (and which in consequence of our post arriving at Hobart but once a week was sent of the 24th of that month) The name of James Harvey (Maritius) was necessarily entered – but on the following day I recommended his dismissal for being drunk – having heard no more of the matter and his pay having arrived he of course received it presuming my recommendations had not been approved. In August 19th I received an intimation that he was ordered to Muddy Plains – and on the Gazette

P 233

Of the 19th August received on the 21st I observed his dismissal took place of the day of his sentence.

In the abstracts for the month of August the amount of his pay has been deducted which loss will fall upon me. I have therefore to request that the amount may be inserted in the next abstracts as having had no knowledge of His Excellency’s pleasure I would not consider I had a right to withhold the pay drawn for him.

I have the honor to be Sir Your Most Obedt. Servant Mat Curling Friend ? Mag.

? ? Foster Esqr. && Chief Police Magistrate

(written vertically on lhs of page

The Lieutenant Governor regrets very much that Mr Friend should have met with this loss which he must do as there is no way of recovering it from the Government and he should not have ? the man ? the decision of the Lieutenant Governor.

? Foster 15th October 36

M C Friend Esqr. JP

CPM 15th October 1836

Abt. The loss of Two Pound 14/6 that Mr Friend had paid to Constable Harvey

P 234

18299

Police Office Hobart 11th June 1836

Sir

With reference to Mr Bowens communication of the 11th Ulto. And your minute thereupon I have the honor to inform you that as it is deemed desirable to establish a Police Station at Cape Portland The Lieutenant Governnor has been pleased to appoint Mr Samuel Bowen Division Constable at that place. You therefore will be so good as to communicate this to Mr Bowen and swear him in accordingly reporting the same to this office in order to his being Gazetted.

His Excellency has likewise directed that one of Mr Bowens

M C Friend Esq. JP

& & &

P 235

Assigned servants is to be appointed special Constable for the purpose of assisting Mr Bowen and he will be so good as to submit the mans name to this office for approval.

I have the honor to be Sir Your most obedient Servant ? ?

P 236

15th June 1836

CPM appointing Mr Bowen Division Constable at Cape Portland and one of his men to assist him also made Constable

P 237

The Chief Police Constable presents his Compliments to Mr Friend and is directed to request that he will have the goodness to pass a Sentence upon Cottrell and Jones to take effect from some definite period and ? having any reference whatsoever to the Governors orders.

Police Office Hobart 14th June 36

M C Friend Esqr. JP

P 238

June 14 1836

CPM

At sentencing Cottrell and Jones without any reference to the Governors order

P 239

Police Office George Town May 17 1836

Sir

In the Act 6 William 4 No 2 called the “Consolidated Act for regulating General Courts of Quarter sessions” in cases of summary jurisdiction of Two Justices of the Peace. It is necessary that one Magistrate should be a Police or stipendiary Magistrate. I have been on consequence prevented trying several cases of Larceny and obliged to send the Parties to the Quarter Sessions in course of proceeding (from this place) most inconvenient and expensive.

I beg to be informed whether the words Police or stipendiary magistrate is intended to extend to me as Resident Justice of the Peace acting as Police Magistrate.

I have the honor to be Sir Your obedient Servant Mat Curling Friend

? Forster Esqre. Chief Police Magistrate

P 240

In these cases you can legally act as a “Stipendiary” Magistrate

? 20th May 36 M C Friend Esqr. JP

CPM 20th May 1836

Abt. Lt. Friend acting as a Stipendiary Magistrate 6 William 4 No 2

P 241

Police Office Hobart 13 June 36

Sir

I have the honor  by direction of The Lieutenant Governor to draw your attention to the four cases as per margin contained in your last Report of Magisterial duties and to request that you will afford an explanation.

? Cottrell W Bentinck 1832 = 7

Insolence. Two months in addition to the Government order

Wm Jones ?dasten 1836 – 14

Drunk and breaking out of the penitentiary. One month in addition to the Government order.

Saml. Hay Lady Kidley 1821 2 (?) years

Sick in the Hospital Drunk & Disorderly Ten days labor on the roads.

M C Friend Esqr. JP

P 242

Explanation of the various points adicited to  for His Excellencys information.

In the first two cases The Lieutenant Governor is quite at a loss to know what the Sentence is intended to be or what Government order is alluded to – In the third case a man who is sick in the Hospital is sent to for Ten days to the roads. If he were sick in the Hospital it would appear he could not be fit to work

(on rhs of page)

?Chas Banks Makesby 1833 – 7 Neglect of duty Three months Chain Gang

P 243

Work on the roads. In the fourth case the Sentence is not according to law and in reference thereto I am requested to call your particular attention to the Circular from this Office under date the 7th September 1835.

I have the honor to be Sir

Your very obedient humble Servant

M Forster (?) ?

P 244

June 18 1836

CPM requiring Mr Friend to explain the sentences He had passed on Cottrell and Jones Hay and Caleb Banks

P 245

George Town May 21 1836

Memorandum

351 Thomas Caines per Medway most respectfully requests permission to Resign the Office of Petty Constable. His Excellency the Lieutenant Governor having granted to him a Ticket of Leave.

To Matthew C Friend Esquire Police Magistrate George Town

(in pencil)

Paul Milkin free (TL) wishes to resign

Paul Milkin – Free – wishes to resign.

P 246

The Lieutenant Governor approves of Caines resigning from the end of July and Paul Milkin from the end of this month. MF

Police Office Hobart 14th June 36

M C Friend Esqr JP George Town

CPM 14 June Permission for Paul Milkins and Thos Cains TL to resign their situations as Constables.

P 247

Memorandum

With reference to the Circular from this office under date 13th Decr last, the attention  of M C Friend Esqre. Is requested to the fact of the Quarterly return up to the 31st Decr. March 37 therein referred to not having as yet been received at this office

? Police Office, Hobart 14th April 1837

M C Friend Esqre. JP “ “ “ George Town

P 248

April 14th 1837

CPM Memo Calling Mr Friends attention to his circular of the 13th December 1836

P 249

Memorandum

With reference to the sentence passed upon the man named in the margin namely “One year “additional to original sentence “and recommended to be sent to “Port Arthur” The Chief Police Magistrate has been directed to call for an explanation as to whether this is meant to refer to his “original” or “existing” term of Transportation – this man’s sentence having been already extended.

William Woodman Georgiasia (2)

In the absence ? ?

Police Office Hobart 7th February 37

M C Friend Esqr. JP George Town

P 250

7 Feby 1837

CPM requiring Mr Friend to explain what was meant with regard to the sentence passed upon Wm. Woodman

P 251

Police Office Hobart 28th April 1837

Sir

I have the honor to inform you that the Lieutenant Governor has been pleased to approve of an addition of two petty Constables being made to the present Police Establishment of your District thereby augmenting your present force from seven to Nine.

You will therefore have the goodness to submit the names of any fit person to fill these vacancies at your earliest convenience. This

M C Friend Esqre JP George Town

(in margin on lhs)

444

5

From 7 to 9

P 252

This increase of Police force will enable you to station two constables at Mount Direction as well for the purpose of Escort duty, as to look after the Road Party.

I have the honor to be Sir

Your most obedient humble Servant ???

P 253

28th April 1837

CPM The Police Constables to be increased from seven to nine men.

END OF VOLUME

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10 responses to “ms 3251 1834-1837 box 2 vol 4

  1. An amazing historical document and how fortunate we are that it has been made so readily available to us. A great resource for all those researching and writing about nineteeeenth century Tasmania.

  2. Sally Douglas

    National Library of Australia Manuscript collection MS3251
    Inquest on Henry Hunt killed by Isabella Kerr in defence of her Husband 1836 – the Mr John Senior mentioned as the next door farm neighbour was Mr John Sevior. John Sevior owned the actual farm called ‘Nile Rivulet’ from c1828 (land grant) to the end of 1836 when he died. ‘Nile Rivulet’ was still in his estate in 1842. John Sevior had two sons with Mary Ann Lucas – John 1834 Launceston and Robert 1836 Launceston. He also had a son c1819 with ‘unknown’ – he was called James Sevior (Seviour etc) and was at ‘Nile Rivulet’ in 1836 as a young man. I believe that ‘Nile Rivulet’ is now the present ‘Nile Farm’ at Deddington – situated near the corner of Deddington and Uplands Roads. John Sevior and Mary Ann Lucas were my 2 great grandparents.

  3. About John Sevior of Nile Rivulet and Pidgeon Plains of near Deddington, Tasmania. With assistance from the Launceston Library I have established that Nile Rivulet and Pidgeons Plains referred to one and the same property and that this property is a few miles past the present property of ‘Nile Rivulet’ at Deddington, Tasmania – it is closer to Ben Lomond. It appears that John’s property was not assigned a name but was referred to by it’s location – Pidgeon Plains was an area that ran across the south part of his property and his property was bordered at the south end by the Nile Rivulet. John Glover the artist was there at the same time and both Johns shared property borders. There is a Sevior Gully to the north of John’s old property and obviously named after him.

  4. The land on the Nile River or Nile Rivulet was granted to a J Sevor (sic Sevior) and can be found on a J H Hughes Map online at the State Library of Tasmania – grid 6J. The Launceston Reference Library had said in their reply to me that ‘…In the Register of Land Grants 1824 to 1832 we found an entry record stating that the land of 500 acres had been granted to John Senior (sic Sevior) in 1828’. They also added that the positioning on the map for J Sevor and the land grant to John Senior lined up as being the same parcel of land. Hence the land of John Sevior – originally from Somerset, England.

  5. “ESTATE ON THE NILE – To be sold by Private Contract (the declining health of the Proprietor not suffering him to continue agricultural pursuits), a very valuable Farm containing 500 acres of the richest land on the Island on the River Nile, 25 miles from Launceston, having a frontage of three-quarter of a mile on the river, and being bounded on one side and behind by Crown Land, and on the other side by the Farm of Mr Jas Corbett. There are 60 acres now in crop, and substantially enclosed by a 4-rail fence, as is also a paddock of 70 acres, not yet broken up. The Garden contains an acre and a half, and is well stocked with the choicest of fruit trees, and is to a high state of cultivation. The Building consist of an excellent Barn, Granary, Stable, small Dwelling…The Terms, which are exceedingly, may be known upon application…Oct. 19, 1836” (Launceston Advertiser 3 November 1836) John Sevior

  6. please format the above

  7. hi again
    I think I’ve done what you meant, finally !
    Julie

  8. Thank you

  9. ‘Pruning’ on the weapon in the first extract was perhaps priming.i.e. The priming powder placed in the pan.

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