ms 3251 1837-1851 box 2 vol 5


Echoes of Bushranging  Days in Van Diemen’s Land: Brady, McCabe, Perry, Geffreys  and Britton
1837 – 1851  box 2 vol 5
National Library of Australia Manuscript collection MS3251


ms 3251 1837-51 cover


MS 3251  1837-1851  box 2 vol 5  pp41-56



Police Office Hobart?

28th January 1837


The Chief Police Magistrate has? To direct the attention of MC Friend Esq of George Town to the Circular from this Office under date the 16th instant forwarding copy f the Attorney General’s letter suggesting that Magistrates should mark on the margin of the conviction the statute and section .

MC Friend Esq JP

George Town


Under which such convictions were placed, as by the weekly returns of Magisterial Duties last received no attention appears to have been paid to the direction therein contained.

As there is no natural? Colum in the printed form of return of Magisterial Duties nor in use – this information can be inserted immediately under the sentence.


Le PMe

28th Jany 1837

Calling Mr Friend’s attention to the circular of the 6th instant abt nothing upon the margin of the conviction the statute and act under which the conviction took place.


Police Office Hobart

27th May  [1836]

My Dear Sir

From information which I have received I think it is probable that Hunt The Bushranger will make for George Town for the purpose of endeavouring to effect an escape to Port Phillip – I send you a description of this man and trust that most risslant?? Measures will be adopted by you.

MC Friend Esq


To prevent his carrying his intentions out.

Believe me my dear sir

Yours very truly

W Touter? (signed)

Le PMe 27th May ‘36

Abt  Hunt the Bushranger to keep a good look out for him in the Port Phillip vessels.

Fn re: CAPTURE OF HUNT the BUSHRANGER  caught 18 June 1836 [i]

P6  fn SNAKES  [ii]

The Chief Police Magistrate sends his compliments to the Resident  Magistrate at George Town and requests the favor of his instructing his constables to kill and collect all the snakes they can in their rambles on duty and forward the same to the Chief Police Magistrate for the purpose of a Public Collection.

Police Office Hobart

28th March 1837

MC Friend Esq JP

Resident Magistrate

George Town


Memo CPM

Hbt giving orders to the constables to collect snakes in their rambles



Will the Resident Magistrate at George Town have the goodness to take the recognizance referred to in Mr Champ’s letter

John? returned?


26th Jany 37


P9 [1837 in grey pencil]

The District Police Magistrate presents his compliments to Mr Friend and begs to observe that the wither? Form is not required at this office – but should have been forwarded as Returns of the Same Kind have been sent to me.??  The quarterly returns are? The one alone required by the CPM.

JW Forster takes the liberty of observing that it appears that five less? Fines have been remitted without competent authority – a Magistrate cannot remit a fine.

MC Friend Esq JP


Or any portion thereof – and fines for drunkenness should be enforced as much  as possible – and all process should be pass? ?? before signed.


Police Office Hobart

17th January 1837


My dear Sir

[left margin:

Joseph Barker


Lord Hungerford

John Jackson

Same ship]

The two men named in the margin /emancipists/ have obtained the permission of the Government to proceed to Port Phillip Captain Swanston in whose service they are has entered into the necessary bond there, but I omitted to take their own recognizance, will you oblige me by making them enter into a bond of £100 each for their appearance here in twelve months from this date.

Believe me Yours

M? Champ

C.Clarke Esq


Jany 6th 1837

The District Police magistrate


Calling upon Mr Friend to take the recognizance of Joseph Barker and John Jackson.


17th January 1837



Magistrates cannot remit fines


Dear Sir

Finding it quite impossible to perform efficiently the duties of a Magistrate in this remote neighbourhood without a Police Constable, I wish to request you, as acting Police Magistrate of this district, to cause a Police constable immediately to be stationed at my residence.

I remain

Yours &c & c

HG Wilmore


MC Friend Esq

Acting Police Magistrate

George Town


I beg to bring this letter under the notice of the Chief Police Magistrate from the accumulated duty of the Police at this station/ from the increased trade to Port Phillip & searching vessels/ we cannot comply with Mr Wilmore’s request though I consider it highly desirable he should have such assistance

Mat Curling Friend

Geo Town

Apr 11 1837

Sent to Mr Wilmore for his information – to be returned to this office – MCF

George Town

May 14 1837


Will Mr Friend be so good as to inform me whether Mr Wilmore resides on the East or West bank of the Tamar – if on the latter he is in Mr Clark’s district.


18th April ‘37

MC Friend Esq  JP

Ger Town

Mr Wilmore resides on the west bank of the Tamar

Mat Curling Friend

April 23 1837

12 April


As soon as the Morven Police is down sized? More protection will be afforded to the west bank of the Tamar.

P17 [back of p16]

Referred  for the opinion of the Police Magistrate Launceston


25th April 1837

The Police Magistrate


Two constables are stationed at the Supply Mill whose orders are to visit every house & hut between Mr Wilmore’s & B.Surridge’s on the West Bank of the Tamar at least once in every week. I request that the means at my disposal will not allow me to comply soley? With Mr Wilmore’s wishes


9th Mary 1837

Mr Wilmore’s being within 7 miles of George Town it would in my opinion be desirable to render it as belonging to the George Town District.


So soon as the intended Police District of Morven is averaged? Mr Clark’s Police force will be increased – and then further protection will be requested to the Western Bank of the Tamar.


12th May 1837

MC Friend Esq  JP

“”   “”

George Town



With reference to the sentence passed on W ?  Commaney ?  Free by M  C  Friend and W? Arthur Esq  ?? The Chief Police Magistrate has been directed to observe that the Sentence in question is illegal – as the act and section noted? In the Return.

MC Friend Esq  JP

George Town

P19 [back on p18]

Of Magesterial Duties in which this case is reported pres? No such power is / appears to have been exercised by the Magistrates.


Police Office, Hobart

2nd May 1837


May 9th 1837


Calling Mr Friend’s attention to the sentence passed on H Ominany ? for an assault


Police Office, Hobart

19th May 1837

My Dear sir,

The Lieutenant Governor has called for the Report of the trce?  Of the man which was transmitted to you on the 2d instant I should therefore feel obliged if you would let me know your observations thereon as soon as possible – Believe me My dear sir

Yours very truly

M. Toutez?

MC Friend Esq JP


19th May 1837


Calling for Mr Friend’s observations in the case of Woodhouse working in the Hospital.


Police Office, Hobart

27th May 1837


Having submitted your observations upon Mr Houghton’s communication under date 1st inst. Respecting his assigned servant Francis Woodhouse  [7th May 37 – in left margin] I have been directed to acquaint you that the employment of this man in the Hospital Garden he being then in a state

MCFriend Esq JP

George Town


Of convalescence and not fit to be sent according to his sentence, was in His Excellency’s opinion judicious and proper.

The Lieutenant Governor has also observed that Mr Houghton ought not to have employed his assigned servant in the way he did on a Sunday such employment not being in case of necessity, neither ought the servant to have been refused a pass by his master, and his Excellency considers that the Magistrates decided very correctly in only reprimanding the servant for his reply to his master, which however might


Have been too hasty.

I have the honor to be


Your very obedient humble servant

M Touter? Coen?


[date unclear]


The Lieutenant Governor approves of the Magistrate’s decision in the case of Francis Woodhouse and James Kiely (Keely?)



Forward to the resident Magistrate George Town whose attention is particularly directed t the alteration made on the enclosed form and it is requested that he will cause the similar forms in his office to be corrected accordingly


Police office  Hobart

13th June 1837

The Resident Magistrate

George Town


Blank form




Weekly return of offences and punishments in the District of

From the        to the          183_



The Chief Police Magistrate presents his compliments to Lieutenant Friend and begs to transmit the enclosed forms, with a request, that they may be correctly filled  up and then returned to this office as soon as possible.

Police Office, Hobart

25th July 1837

to MC Friend Esq JP

George Town


26th July 1837


To fill up returns of πris? Of provisions and  Labour in George Town District


Police Office Hobart

17th July 1837

My Dear Sir,

With reference to your letter under date 8th instant respecting Mr Nihill I should certainly think the most advise is I’II? Craise?  Would be to place the men on their trial for prevarication  on oath, and until the result of  such

C Friend Esq JP


Proceedings are made known to me I shall suspend my judgement and opinion upon the other points of your communication and the documents relative thereto which as they appear to be originals I have returned to you herewith requesting that I may be favoured with them and all other documents relative to this subject when the case of prevarication against the men has been decided –

Believe me, my dear sir

Your very truly

H? Toutey

P34 [back of p33]

17th July 1837


About putting Knight and Smith on their trial for perjury.


Morven Police Office

30 September 1839


[left margin: 1323  James Bridger/Bridges  Sir Charles Forbes]

The prisoner named in the margin and holding a ticket of leave has received a pass to proceed to your district : his police character herewith

Robert wales [signed]

The Asst Police Magistrate

George Town

P36 [correspondence – in grey pencil]

Police Office

Hobart Town Dec 15 1837

[left margin: John Keelly alias John Kelly]


In answer to your communication of the 13th instant respecting theman named on the l margin I have the honour to inform you that there was a warrant issued by William Champ Esqr for his apprehension and in consequence of Mr Champs absence I am unable to forward the Duplicate, but it shall be sent by Tuesday’s post.

I have the honour to be


Your most Obedient

Humble servant

John Price for PLAPM?


D Wentworth Esq

Police Magistrate



[back of 36 – John Price Hbt PM


in pencil]


The information and complaint of William Peel District Constable of Launceston who being sworn saith from information I received on the sixth day of February instant I have reason to suspect  that property of the crown has been embezzled and carried away to the premises of David Gibson of Pleasant Banks – the grounds of my reason for suspecting that the said David Gibson has such property in his possession are that certain stones which were prepared by the Government Masons at Perth as Springers for the Bridge building at that place  were on the twenty sixth day of November last removed by a Cart and Bullocks belonging to David Gibson, and which I shall be able to prove were carried to his house at Pleasant Banks  on the twenty ninth of November last past twenty prepared stones were also removed by his carts and Bullocks and carried to Pleasant Banks – I am prepared to prove that the said stones are above the value of


Twenty shillings and pray that a warrant may be issued to search the premises of the said David Gibson and that Justice may be done.

Wm Peel (signed)

Sworn before me the 9th day of February 1837

Wm Franks  JP


9 Feb 37




Embezzlement of Crown Property & prays search warrant

[Gibson of Pleasant Banks – in grey pencil]

p41 [Dec 1837 – in purple pencil]

Island of Van Diemen’s land

[To Wit]

The information of Mary Briggs who being duly sworn states as follows –

I knew John Smith who was the Commisariats Coxswain at Georges Town. He afterwards lived on the East bank of the Tamar before you come to Earl  Tor? [Easton?]

I know Richard Tonks. I lived with him at Mr Froggett’s as man and wife – I lived with him about five months he afterwards went splitting for Mr Froggett at Mount Farm on the Western River – I was with him there about a fortnight – one evening he and I were alone together in the hut he asked me if I would like


to see Smith who was Ann Grant’s husband- that Smith was  dead – I said I would not like to see him. He afterwards took me up to the top of a hill a good distance from the hut and out of sight of it and showed me the upper part of a body – the head – arms and as low as the middle – it was covered over with dirt, and grass and stones – it was not very deep in the earth – it was on the top of a hill – there were trees all about – he took the earth off the body with a spade – There was nothing on it – There was not much flesh to say on


his face – There was flesh in the upper part of the body and arms – There was a mark of an anchor on the upper part of the right arm – It was not a very large mark – after I had seen it he covered the body over again – He said it was the part of the body of Jack Smith  – he did not say where the other part was – I never heard Tonks say how  Smith came by his death – Whilst we were sitting in the hut I heard a noise like the falling of a limb of a tree. I said that’s the limb of a tree – Tonks  Said no – it is the office for me to go out and see some Bushrangers. He did  not go out then, but soon afterwards he asked me if I should like to see the body of Smith  as I have stated – I did not see any person as we went up the


hill or as we returned. Tonks told me that Smith used to come to his hut when he lived at Mr Froggetts the first time that was when Smith was in the Bush – Tonks did not say how long Smith had been dead at this time nor did I know until that evening when he asked me if I would like to see the body of Smith that Smith was dead. This was about four years ago – I lived with Tonks about three weeks after he had shown me the body of Smith. I had no quarrel with him. We parted good friends. I have not been intimate with him since.  I never mentioned to anyone that I had seen the body of Smith until I told it to Mr Peel I think nearly twelve months ago – I should know the hill again where I saw the body but I don’t think  I should know the place it must be so altered.


A man named Bill Miller Lived in the hut with Tonks and me  but was not there the night I saw the body – I never heard him and Tonks talking about Smith. I am quite sure that Tonks never said any thing to me about Smith  excipting that evening. I knew that Jack Smith was in the bush for shooting a man – I heard a great many people talking about it – I did not hear Tonks  or Miller talk about it – Smith shot the man I heard because he was his prosecutor about some sheep –Tonks  told me that he had a good deal of money about him that he sold his place for when he went into the bush, He told me this the evening I saw the body – The hair of the head was on – I don’t know if the skull was broken or any bone of the body, I did not take any notice of


any wound on the body Tonks only uncovered it as low as the middle. I had seen that mark (the anchor) on Smith’s arm when he lived at George Town. It was only a plain anchor.

The hill where I saw the body is nearer town than the hut and at the back of it – Tonks told me that Smith very often came to his hut when he Smith was in the bush for shooting the man they used to call “Yankey Tom” Tonks did not say what  he came for.  He did not say that he ever slipt there – I should not mind saying all this before Tonks – It is all true – I never heard from any body how Smith came by his death. Tonks  used to have money when he wanted it – I never saw a good deal of money


with him – Tonks did not go direct from the hut to the place where he shewed me the body – he seemed to have some trouble in  finding it – it was summer time and quite   light.

There was a hut hearer to ours than Mr Froggett’s and that is about two miles. Miller had gone that night to Mr Froggett’s and stopped there.

Mary X Briggs

Her mark

Taken and sworn before me this fourth of November 1837

D  Wentworth  JP [This is D’Arcy Wentworth Jnr]



Van Diemen’s Land

To wit

The information on oath of William Peel who saith,

A Man named John Smith disappeared from the District of Launceston between two and three years ago – I have received information from an Aboriginal girl that the said John Smith was murdered by Richard Tonks  and from further information I have ascertained that this girl was living with Tonks at the time Smith was missing and I have reason to believe that by diligent search the bones of Mr Smith may be found; where the girl stated them to have been buried – I therefore pray that the


said Richard Tonks be remanded until I can procure further evidence.

Sworn before me this Thirtieth day of November 1837

D Wentworth

Constable Peel being duly sworn states as follows: After the preceding information had been read to Richard Tonks and after he left the office in charge upon my asking him if he did not work for Mr Froggett he said he did not – I understood that he had never worked for Mr Froggett – He said he had worked for Mr Barnes – I asked him if Mary Briggs better known by the name of Black Poll had formerly lived with him at Mr Froggett’s place – He said she never did – He also added I have seen Black Poll in Launceston – but I never saw her in the country  – In the above information I have ? Mr Peel


stated that Smith disappeared from the Launceston district two or three years ago but I now Found from further information that is nearly four years ago – upon my asking Tonks if he ever knew a man called Jack Smith he said he did not.

Wm Peel [signed]

Taken and Sworn before me this ninth day of December 1837 in the presence and hearing of Richard Tonks

D Wentworth JP


The information of John Allworth who being sworn;

Upon the day when Richard Tonks was fined in this office for assaulting a constable and afterwards committed for further examination in the case he is also charged with murder. I asked him after he went out of the office if he knew Black Poll – he asked which? Black Poll – I described her as being a prostitute on the town here? – he said yes – I then asked him if he had ever worked for Mr Froggett in a gulley  opposite Mr Reibeys – he said no he   never  did work for Mr Froggett – I asked him if he ever lived with Black Poll there – he denied it – I asked him if he ever lived


opposite the stone quarry at Mr Reibey’s – he said no.

John Allsworth  [signed]



£50 in left margin


The information of Cornelius Froggett who being sworn saith,

I know Richard Tonks now present. He has been several times in my service – he was in my service about nine years ago as plough-driver. He was afterwards about four or five years ago splitting paling for me. He was again in my service about three or four years ago and at that time he lived in a hut close to a gulley – I understood so – I was ill in health at the time – I don’t know – I cannot positively swear that there was anyone living with him there but I heard there was a girl – a black girl living with him – I heard also that he did not keep her long only


for a few days and then turned her away – I cannot positively say that he did turn her away – but I suppose so because I did not wish her to be there. I think I told both Tonks and the girl that I would not allow to remain with Tonks on my property – the name of the girl I think was Mary or Poll.

C Froggett [signed]


The statement of Richard Tonks

I know Black Poll well enough – I have been with her but she never lived with me a week – I did live in a hut whilst I was working with Mr Froggett the last time opposite the junction of the Western and New Rivers near a Hollow. Black Poll was at that hut once but I did not allow her to remain there. Mr Froggett would not have allowed her if I had been willing.

Taken before me this ninth day of December 1837

D Wentworth JP


13 December 1837

Regina vs Tonks

Suspicion of Murder


In grey pencil – near Hadspen

P57 1840 – in grey pencil



[left margin in big letters: WITHDRAWN WF]


Police Office

To Charles Grant of Charles Street Launceston and to Mr John Byron Chief District Constable of Launceston and to all constables and others in the said Island whom it may concern.

Whereas information and complaint hath been made before me one of Her Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, that

Charles Grant of Charles Street Launceston in the said Island a Licenced person by virtue of an act in Council of this island intituled an act to consolodate [1 in pencil] and amend the Laws relating to the sail [2 in pencil] by retail of wine and malt and spirituous liquor and to a???inate?? good order in Public Houses did on the twelvth [3 in pencil] day of April instant being the Lord’s Day neglect to keep the outer door of your said Licenced House situated at Charles Street Launceston as aforesaid closed betwen [4 in pencil] the Hours of eleven  and twelve o clock of the of the fore noon of the said Twelvth [5 in pencil] day of April instant the said outer door not having been opend [6 in pencil] for the purpose only of receiving bona fide travilers  [7 in pencil] calling for refreshment on their journey or remaining as ??? said Licence House during the day or night thereof and not tippling or drinking contrary to the act in council of the land in such case made and process… These are therefore to require you forthwith to summon the said

CHARLES GRANT to appear before me or any other  of Her Majesti’s [10 in pencil]  Justices of the Peace for Van Diemen’s Land and its Dependencies

At the Police Office, in Launceston on Friday the twenty fourth day of April instant at the hour of ten in the four [9 in pencil]  noon  of the same day to answer the mater [8 in pencil] of complaint contained in the said information and to show cause if any you have why you should not be convicted of the said offence charged in the said information and do otherwise you the said chief district constable or any other constable to serve this my summons

And be you then there to certify what you shall have done in the Premises. Herein fail not. Given under my hand this twenty first day of April in the year of our Lord one thousand eight hundred and forty

Darcy Wentworth    JP  [is this correct re: signature?]

P58 [back of p57]

On the day in question, a man (TL) came into Grant’s kitchen (which is an detached bungalow? Between 11 and 12 o clock – the servant girl at the time was taking a quart of rice? To the cook, which he has as an allowance every day – and as she was taking it to him the constable came into the yard.  Previous to this the constable and the man were seen in a skilling belonging to the new Baptist Chapel in York st the man went the back way into Grant’s and the constables immediately followed him.

[in pencil]

This information is set out wholly bad and incomprehensible – ( see – 1,2,3x,4,5,6,7,8,9,10,11 = besides it appearing primedifalso ? – & not done in the honest exercise of duty – m constables but with the intent of entrapping – with a view of participating in the supposed fine of which they are intended.

3x – no such day

p59 (someone has underlined Darcy Wentworth’s typos in pencil as per below with some spite)

[left margin in big letters: WITHDRAWN WF]





BE IT REMEMBERED  THAT ON THIS  twenty first day of April one thousand eight hundred and forty at Launceston in the island of Van Diemen’s Land William Scott

Of the same place, District Constable

Personally came before me, Darcy Wentworth Esquires, one of Her Majesty’s Justices of the Peace in and for the said island of Van Diemen’s Land and its Dependencies, and gave me to understand and be informed that

CHARLES GRANT of Charles St Launceston I the said Island a licenced person by virtue of the act in council of this island intituled an act to consolodate and amend the laws relating to the sail

By retail of wine and malt and spirituous liquors and to promote good order in Public Houses did on the twelvth day of April instant being the Lord’s day neglect to keep the outer door of his said Licenced House situate at Charles Street  Launceston  (as) aforesaid closed between the hours of Eleven and Twelve o clock of the forenoon of the said Twelvth day  instant the said outer doors not having been opened for the purpose only of receiving bona fide traveler calling for refreshment on their journey or remaning as his said Licenced House during the Day or Night thereof and not tippling or drinking ..


Hath, under and by virtue of and Act 4th William 4th no 8, of the said Island made and passed in that behalf become liable to forfeit and pay a penalty of no less than five 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 Scott prayeth that the said Charles Grant may be summoned to aswer the premises.

Taken the day and year first above written.

D Wentworth (?) JP(signed)

William Scott (signed)


P60 [back of p59]

Scott and Grant – decided





BE IT REMEMBERED  THAT ON THIS  eighteenth day of April one thousand eight hundred and forty at Launceston in the island of Van Diemen’s Land


Of the same place, District Constable

Personally came before me, Darcy Wentworth Esquire,

one of Her Majesty’s Justices of the Peace in and for the said island of Van Diemen’s Land and its Dependencies, and gave me to understand and be informed that

JOHN HINSHAW of Wellington St Launceston

in the said Island a licenced person by virtue of the act in council of this island intituled an act to consolodate and amend the laws relating to the sail

By retail of wine and malt and spirituous liquors and to promote good order in Public Houses did on

the twelfth  day of April instant

being the Lord’s day neglect to keep the outer door of his said Licenced House situate at Wellington Street  Launceston (as) aforesaid closed between the hours of

four and six o clock of the afternoon of the said Twelfth day  instant the said outer doors not having been opened for the purpose only of receiving bona fide traveler calling for refreshment on their journey or remaining at his said Licenced House during the Day or Night thereof and not tippling or drinking ..


Hath, under and by virtue of and Act 4th William 4th no 8, of the said Island made and passed in that behalf become liable to forfeit and pay a penalty of no less than five pounds nor more than fifty pounds together with the costs and charges of and attending the Conviction for the said offence; and the said JOHN BYRON prayeth that the said JOHN HINSHAW may be summoned to aswer the premises.

Taken the day and year first above written.

D Wentworth (?) JP(signed)

William Scott (signed)

P62 [back of p61]

Scott and Grant – decided






To the Superintendent of the Road Party at Glenorchy Mr Thos Salmon the Chief D? Constable and to all District, Division and Petty Constables of the said Island, and others whom t may concern.

WHEREAS  Richard Gilbert

A convict was on the twenty seventh day of July last at Oatlands

In the said island before me


[left margin Police office registrar: 1236]

of her Majesty’s Justices of the Peace in and for the said Island and its Dependencies Duly

convicted of Drunkeness and Neglect of Duty and sentenced six weeks hard labor and returned to the Crown.

[left margin: ship to this colony: SARAH]

He is now ordered by His Excellency the Lieutenant-Governor

To Glenorchy for such sentence then Hobart for assignment

[left margin: original sentence – 14 y]

THESE are therefore in HER MAJESTY’S NAME to command you and every of you the said constables forthwith to convey and deliver him into the custody of

Said Superintendent

[left margin Trade: Gun? Scrol?]

who is hereby required and commanded to receive the said


To be dealt with according to the said sentence

Given under my hand and seal at OATLANDS aforesaid this 4th day of August in the year of our Lord one thousand eight hundred and forty-one

[prisoner’s Remove Warrant Common.]

J Whitefoord JP (signed)

P64 [back of 63]

Returned at HM Gaol at Oa tlands

on the 6 and 7 of August 1841

BShne? (signed)

Rationed at Bridgewater for the 8th August

Thos W Ward (signed)

Richard Gilbert


6 months

p65 fn:

71147 Toogood Joseph 04 Aug 1831       Argyle     18 Mar 1831       Plymouth

convict record:,176,51,F,45

[sept – in blue pencil  1842 in grey pencil]

Examination touching the death of Joseph Twogood

The examination of oath of Hannah Pugh who saith, I have known the deceased Joseph Twogood upwards of two years, he held a Ticket of Leave, he employed himself in sawing near Egg Island, on the banks of the Tamar River. He came to Launceston last Monday. I saw him every day last week except Saturday, he was in good health, until about eight o clock on last Friday night, I then saw him in Mr Burn’s Public House, He was intoxicated, John Harris was there, a difference took place between him and the deceased respecting sawing, and Harris challenged Twogood to fight him, Twogood said he was too tipsy to fight, Harris said he should fight him, and struck Twogood on the nose with his fist – Twogood then said he would fight him – They went out of the House and whilst Twogood was pulling of his shirt, Harris struck him with his fist


On the right side of the head, which blow knocked him down, Twogood then got up again, and Harris then knocked him again by a blow on the breast, Twogood again got up and was again knocked down by Harris, I do not know where Harris then struck him, Twogood got up again, and Harris then struck him I believe over one of his eyes and he again fell. I did not see the blow but after he fell I saw that he was bleeding over one of his eyes. A young man then came up and said if they attempted to fight any more he would send for a constable and then lifted up Twogood. I did not see George Hill during the fight, two men then took Twogood on board Mr de Little’s lime barge at the wharf I went on board the barge and put my hand on Twogood’s shoulder – he said “Oh! Do not touch me, I cannot move, Hannah go home, I cannot speak to you”, and I soon afterwards saw the lime barge going down the North Esk River, towards the Bar, I don’t know the names of the men who took Twogood on board the Barge, but they are in the service of Mr De Little at the Lime Words – as the Barge was passing down the


River, Harris was standing by the side of me on the wharf and said he would fight Twogood at any time and if I liked he would go on board with Barge and fight Twogood again. I said he would not say so if Twogood were well. He said if I said any thing more about it he would strike me; Twogood was a very quiet peaceable man; Twogood took his meals last week at the house of James Miller, where I then lived; I never heard Twogood complain during the last week of being unwell in any way, I once lived with Twogood six months, sixteen months ago, and I never heard him complain at any time of being unwell. Whilst Harris and Twoood were fighting and as Twogood was falling, I saw Harris kick him in the breast, Twogood left me about twelve o clock on Friday at noon, and he then gave me a Dollar and I then saw that he had one pound and four shillings, but I do not know what other money he had about him.

I was with Harris and Twogood at Mr Brigg’s Public House in Launceston about six months ago, Twogood told Harris that he


Had cheated him, by paying his less money than he owed him for sawing for him, and this quarrel led to a fight, Harris and Twogood then fought for about twenty minutes in the street with their clothes on, Harris gave in, and they shook hands and returned into Mr Brigg’s House and drank together, I know of no other quarrel between Harris and Twogood from that time until last Friday night – The quarrel on Friday night between Twogood and Harris arose from each saying that he was a better sawyer than the other, I did not see Twogood alive after I left him in the Barge on Friday.

Hannah Pugh

Her X Mark

Taken and acknowledged before me at Launceston  this nineteenth day of September 1842

PA Mulgrave



The examination on oath of Mr James Burns  who saith, I am a publican, and reside near the wharf at Launceston. The deceased Joseph Twogood, whose remains have been received by the inquest, was in my House about eight o clock on last Friday evening, a man named Harris was with him; they had been drinking but were not intoxicated. There was some difference between them respecting the name of the Rope which stops the wind when the vessel is in full sail, a man said to be the mate of Twogood was brought into the house under a supposition that he had taken away a Dollar belonging to Harris, and as soon as Harris saw him, he struck that man, and Twogood then said to Harris , my mate is not a man for you, and struck Harris I then turned Twogood out of the house, and said you shall not fight here. Twogood called out to Harris come out, I am your man, Harris then went out and they pulled off their coats – I went out and told them there should be no fighting near my House, and if they did not go away, I would have


Put in the Watch House, and then they went towards Captain Gardener’s residence – they returned to my House in about a quarter of an hour afterwards – Harris came in first, his face was bleeding near the cheek bone – I went out of the Bar and in about ten minutes afterwards returned Twogood was then sitting down and Harris standing near him, they shook hands together, and appeared friendly. They remained there apparently good friends near half and hour, when I missed Harris and Twogood went away a quarter of an hour or twenty minutes after Harris. Twogood was bleeding from some part of his forehead – He did not complain of being ill – They had nothing to drink after they returned except a pot of beer which was called for by Harris, I did not see Twogood drink any of it. Hannah Pugh came into my House after Twogood returned and wanted him to go home and I made her leave my House, there was another woman with her – I did not see Hannah Pugh in the room when Twogood and


Harris quarreled. I swear positively she was not then in the room, or I must have seen her – she might have been there before that time, but I did not see her. Hannah Pugh might have been close outside the door when I turned Twogood out without my seeing her.

(vide page 28 for further examination)

(signed) James Burns

Taken and acknowledged before me at Launceston the nineteenth day of September 1842

PA Mulgrave



The examination on oath of George Hill who saith I hold a Ticket of Leave – I am a Boatman and work on the River Tamar. I was in Mr Burn’s Public House about a quarter past seven o clock last Friday evening, Joseph Twogood and John Harris were there, I did not see Hannah Pugh there, some dispute took place between Twogood and Harris. I understand about a wager, I did not hear particulars. A Dollar was said to have been taken, of the counter and David Martin who works as the mate of Twogood, as a sawyer was fetched into the house on suspicion of having taken it, and Harris said to Martin give me that Dollar, Martin  asked hims what dollar it was, Harris said the Dollar you have taken from the Counter, Martin said I know nothing about any Dollar, when Harris immediately struck at Martin, and hit him, I cannot say where, and Twogood then sprung out of the tap Room, and hit Harris, a blow on the back of the neck, and Harris returned the blow, Mr Burns then aid he would have no fighting in his house and both got


Out Twogood and Harris, and Mr Burns sent them away from the door, I followed them in about three minutes and a few yards from Mr Burn’s door I found Twogood and Harris fighting, Twogood pulled off his jacket, a blue shirt and a white shirt, Harris had then on a Guernsey shirt and they fought from five to seven minutes; Twogood was knocked down two or three times, I endeavoured to part them, but could not, they fought two or three rounds  afterwards, Harris was knocked down four or five times during the fight and I left them fighting and returned to Mr Burn’s House. About eight o clock I was going on board my Boat when I saw Twogood and Martin near the side of the North Esk River, Twogood was washing himself, his clothes were off, when he put them on  he asked me to go with him, to Mr Burns that he might get a drink of Beer I went with him, into Mr Burn’s House. Twogood laid himself down on the Tap Room table and I desired Mr Burns to take care of him, and I went on board my Boat – I did not then see Harris at Mr Burns


I did not see Twogood again until between ten  and eleven o clock on Saturday night, when I saw him at the house where the remains were viewed, this day by the inquest. He then appeared very unwell and complained of a pain in the lower part of his belly, Jane Mallett was there and about eleven o clock she gave Twogood a dose of salts. I did not see her mix the salts with water – there was about a Gill of the liquid, He soon afterwards asked for something warm to drink, and Jane Mallett gave his some warm gruel he desired and was put on a bed, he got off the bed in about half an hour and returned in two or three minutes, he said he felt very unwell, he could get nothing through him; he was put on the bed again, and in half an hour he complained or being cold, and he was placed on a bed on the floor before the fire – he then appeared to be getting worse, and spoke indistinctly and a Doctor was sent for, Doctor Grant came to the House with me, Twogood was alive when I left the house but insensible, when I returned he was dead. I was with Twogood


From about 12 o clock on Friday until about eight o clock at night at different times and he several times complained that he could not make water, this was before the fight between him and Harris – I did not see Harris kick Twogood whilst they were fighting

[The   bracketed section below has been bracketed in original account with the word: NIL next to it.]

Nil [This bill for thirty pounds due tomorrow accepted by Mr De Little in favour of Twogood and endorsed by him, I cashed for Twogood, I think on Wednesday last, I gave him twenty seven pounds ten shillings for it, David Martin was present. Twogood said that Martin was to have one-third and that John Bell who was also present was to have another third of it, and the rest was his own, Twogood then paid me eleven pounds seven or eight shillings which he Martin and Bell owed me and the remainder was divided between them].

I am sure that Harris and Twogood were intoxicated on Thursday night.

Taken and acknowledged before me at Launceston this nineteenth day of September 1842

George Hill

His x Mark

PA Mulgrave



The examination on oath of Matthias Gaunt Esquire Surgeon who saith I reside at the Union Steam Mills about twelve miles from Launceston at about three o clock in the afternoon of last Saturday, Joseph Twogood came to Mr de Little’s lime barge in a dingy to my premises, he walked with much difficulty, he complained of very severe pain in the lower part of his abdomen and inability to make water, I perceived that he had been very much bruised, and appeared also to have recently been intoxicated, and considered from the appearance of his face and his extreme state of suffering that he had been severely bruised in the body as well as the face, His mate David Martin told me that Twogood had been fighting, and I considered his life in danger, and desired his mate to take him back to Launceston as quickly as possible, and to get him into the Hospital if practicable, or at least to get medical aid immediately


To enable them to get to Launceston more rapidly, I put one of my own men in the Dingy to assist in rowing thither, and Twogood, Martin, my man and a boy proceeded in the Dingy towards Launceston, I do not now practice as a surgeon, nor had any means of attending Twogood and accommodating him in the way that in his situation I considered absolutely necessary.

Matthias Gaunt (signed)

Taken and acknowledged before me at Launceston this nineteenth day of  September 1842

PA Mulgrave



The examination on oath of Mr George Lukin who saith I know Joseph Twogood and John Harris. I saw them fighting together between seven and  eight o clock on last Friday night near the large gates? A short distance from the front of Mr Burn’s public house in Launceston, I only saw them fighting for two or three minutes, one of them was knocked down, I do not know which.

I keep the wharf public house in Launceston.

(signed) George Lukin

Taken and acknowledged before me at Launceston this twenty first day of  September 1842

PA Mulgrave



The examination on oath of David Martin who saith, I hold a Ticket of Leave, I had worked with Joseph Twogood since March last sawing under Mt Direction near Egg Island, until last Friday week, when I came to Launceston and met him in Launceston on the following Monday afternoon, I saw him often, between that time and last Friday morning, he appeared in perfect health and did not complain of being in any way unwell; that evening I was in company with Twogood at Mr Burn’s Public House, John Harris was also there, we were together about an hour, Twogood and Harris had some words together about a Dollar, the particulars I do not  recollect, they then had some words about some sawed stuff and John Harris struck me, Twogood asked him what he struck me for, Harris said because he like to, I then immediately went away, to avoid getting into trouble, I did not see Twogood or Harris strike each other


About three quarters of an hour after I went away I met Twogood on the wharf, he was sitting down, his face was covered with blood, and he had a shirt on much torn, and his jacket and waistcoat were lying by his side, I took my Handkerchief off my neck and dipped it in the North Esk River, and wiped his face with it, he said he had been fighting with John Harris he said he was very ill, and I asked him if I should take him into Mr Burn’s Public House he said he would go in and sit down for some time, George Hill was with me, and went with Twogood and I to Mr Burn’s House. Hill desired Mr Burns to take care of him, I went away to see for a Boat and returned to Mr Burn’s in about a quarter of an hour, Twogood was kneeling down with his head on a form?, I lifted him up and he told me not to touch him about the belly for he was very bad there, I asked him if I should get any Doctor’s stuff for him or take him on board the Lime Boat, He said never mind the stuff and he went with me on board Mr de Little’s lime boat that


Was lying at Mr Burns wharf – I put him into one of the men’s beds – in the stern of the boat and he said he hoped he should be better by the morning – As we went down from Mr Burns H to the wharf Twogood kept his hands clasped over the lower part of his belly, and walked bent nearly double, I then left him and saw him again last Saturday between eleven and twelve o clock on board Mr De Little’s lime boat, near Pig Island flats, He was then in the bed I had left him overnight, Twogood said he was no better and when the boat got opposite Doctor Gaunt’s he would go on shore and see the Doctor, I returned on board the Boat in which I had come from Launceston and accompanied the Lime Boat until between two and three o clock when I went on board the lime boat, I had just before seen Twogood lifted carefully out of the Lime boat into a Dingy by its side, and I accompanied him in that Dingy to Doctor Gaunt’s wharf, Doctor Gaunt saw Twogood and said, that Twogood have better be taken back immediately to Launceston


I did not hear Dr Gaunt’s conversation with Twogood, but the latter told me that Dr Gaunt advised him to go to the hospital at Launceston immediately to see some medical man immediately he got there – I cam eup to Laucneston with Twogood in a dingy, and Doctor Gaunt lent me a man to assist me in rowing the boat, – Twogood was taken great care of as we came up to Launceston. I took him from the wharf to the house where Jane Mallett resides. He complained of being very ill, and walked with great difficulty – I laid him on a bed and asked him if I should take him to the Hospital or go for a Doctor – ; he said he thought he should not want a doctor, but he thought a dose of salts would do him good, and he would be better in the morning: he complained of great pain in the belly and said he could not ease himself or make water. By Twogood’s desire I put two teaspoonfulls of salts and mixed them with water in a tea cup and gave them to him. Jane Mallet afterwards gave him some warm gruel he was very cold and I undressed him and laid him on


The bed and put all the bed clothes I could find over him and I then asked him if I could do anyting more for him, he said I could not that he did not wish me to stay with him that night, but as the tide was running down, I had better go down in the boat, I left him and went on board the dingy and went down the river Tamar; Twogood was taller by several inches than Harris I saw Twogood three or four times on Friday  he did not say that he was in any way unwell or that he could nto mke water, until after he ad told me that he had been fighting with Harris.

Twogood did not say that he had fought with any one beside Harris on Friday, or that he had been hurt in any manner except during the fight.

George Hill gave Twogood money for an order on Mr de Little on last Wednesday it was divided between Twogood, John Bell and I.

I saw Hannah Pug at Mr Burn’s Public House just before I left there on Friday night – and also after I went to take Twogood to the Lime Boat, I did not see her on board the Lime boat that evening or night.

I do not know exactly what


Time it was when I got to the house with Twogood where Jane Mallett lives. There was noone at home, and I went away in search of the person who keeps the House, leaving Twogood at the door, when I returned he was in the House and Jane Mallet assisted me to put him in the bed.

David Martin

His X mark

Taken before and acknowledged before me at Launceston this twenty first day of September 1842

PA Mulgrave



The examination on oath of Thomas Bonnor who saith, I am Free; between seven and eight o clock on last Friday evening I saw a crowd of persons at the door of the Tap? Of Mr Burns public House and one man a tall man was pulling of his shirt to fight a shorter man and Mr Burns came out and said they should not fight before his premises; and those two men and the crow moved off towards Captain Gardiner’s house, and the two men whose names I do not know, commenced fighting in the road, opposite large folding gates, near a hundred yards from Mr Burn’s Tap room door. The taller man was knocked down fifteen or sixteen times and he frequently fell heavily on the ground, and there was some sharp stones on the road, on which he sometimes fell – I saw them fighting three quarters of an Hour, then went away.

The shorter man had something on him whilst fighting which looked like a Guernsey Frock – I did not see any other persons fighting that evening. The shorter man was knocked down some times but not so often as the taller one, the taller one fell sometimes heavily on his belly as well and on his back and sides.


The examination on oath of Jane Mallett who saith, Joseph Twogood came to my house on last Sturday evening about nine o clock. He complained of a great pain in his belly and of being cold, David Martin soon after came in and assisted me in putting Twogood on a bed. Twogood asked for a dose of salts, there was some Epsom salts in the house and David martin gave Twogood some of them mixed with water – Twogood said he was very thirsty, I gave him some coffee and afterwards some gruel, George Hill was there also – Twogood said if he was not better he would go to the hospital ion Monday, avid Martin took off Twogood’s trowsers and jacket and covered him up with the bed clothes, Martin then aksed him if he should stay with him until Monday, Twoood said “no, as he had got the boat, he had better go down and Martin then went away. Afterwards Twogood complained of being uneasy and got up and went out of the house – and returned in a few minutes – He afterwards complained of being cold and he was placed in a bed on the floor before the fire. There was a wound over his left eye – he continued to complain


Of great pains and cold, and between two and three o clock George Hill went for a Doctor and in a few minutes after he was gone Joseph Twogood died. Doctor grant came in very soon afterwards.

(signed) Thomas Bonner

Taken and acknowledged before me at Launceston this twenty first day of September 1842

PA Mulgrave



The examination on oath of James Grant Esquire surgeon who saith  – I was called to attend the deceased Joseph Twogood about three o clock on last Sunday morning – He was lying in a shake down bed before a fire, in the room where the remains were viewed by the inquest.

He was quite dead – there was some degree of heat about the body, but the extremities were cold and rigid, he appeared to have recently expired.

I had a post mortem examination of the body on Monday last – there was an extensive ecchymosis round the left eye, and a little round the right – there was a wound over the left eyebrow of small extent and penetrating to the bone.

There were numerous and severe bruises on the shoulders and arms, and marks on the back as if he had fallen on gravel, there was also a small bruise about the middle of the back – and another on the left side near the short ribs.

On opening the abdoemen I found the walls of that cavity and the surface of the viscera covered with purulent


matter  and lymph mixed with a small portion of yellowish coloured feculent matter – the omentum adhered to the intestines and the latter were agglutinated wherever in contact. I have never seen such an amount of morbid appearances resulting in the cavity of the abdomen. On carefully examining the bowels to ascertain the opening through which the contents had escaped I found a small opening in the ilium near its junction with the seecum? – this portion of bowel was removed, slit open and examined from within – when it was apparent that the wound was not the result of ulceration but of a sudden rupture of the coats of the intestines by external [PAM] violence – the bladder was empty but on distending it with air it was found to be perfectly sound, the liver and spleen seemed healthy – there was a small red mark on the external surface of the left kidney and on cutting into


Its  substance, it was evidence that it had been the seal/seat? Of recent inflammation – the right kidney was also very vascular.

The redness was not equally  diffused over the serous/ membrane but was in spots or patches here and there – the viscera of the chest were quite healthy – the veins and sinews of head were gorged with dark blood – the pea-maler? was exceedingly vascular, the brain was firm and on making sections of its substance numerous spots of blood oozed out. There was no fluid in the ventricles.

The rupture of the intestines and consequent excape of foecal matter and the  violent and excessive inflammation which resulted were in my opinion the immediate cause of death.

I examined the louhiad? Where the penetrating would existed – but it was a mere flesh wound, the bone was uninjured. A violent blow from a man’s fist might have cause such a rupture; or a heavy fall on such stones as the roads in town are repaired with might also have caused that rupture, if much violence had been used in


Throwing him, the person, down, I consider that the rupture was more likely to have been occasioned by a blow on the abdomen than by a fall, I am of opinion the rupture had  existed a day or who when I examined it.

I believe that the red mar which was on the left kidney corresponding with the external mark, was apparently caused by a blow – an inability to make water is one symptom of inflammation of the kidneys. I have great doubt if any medical aid could have saved the life of Joseph Twogood after the rupture – I think under any circumstances the injury would have proved mortal.

(signed) J Grant

Taken and acknowledged before me at Launceston this twenty first day of September 1842.

PA Mulgrave



The further examination on oat of Mr James Burns who saith I do not believe that there was any fight or disturbance between seven and eight o clock last Friday evening, near my house besides the fight between Joseph Twogood and John Harris or I think I must have seen or heard of it. Twogood’s face was bleeding when he returned to my house on Friday evening, it was not bleeding when I turned him out of it.

(signed) James Burns

Taken and acknowledged before me at Launceston this twenty first day of September 1842.

PA Mulgrave



The examination of John Harris who saith I came to Van Diemen’s Land a free man, I fought with Joseph Twogood at Launceston last Friday night, we were both in liquor, I am not aware that any other person fought with Twogood on Friday night besides myself, we afterwards parted good friends and on Saturday night I heard that he had returned to Launceston and went to see him.

John Harris

His X Mark

Taken and acknowledged before me at Launceston this twenty second day of September 1842.

PA Mulgrave


P94 [back on p93]


Inquest on the body of Joseph Twogood

Death caused by fighting with John Harris

22nd Sept 1842


[small stamp top left corner]




MAY 16 1842



To His Exellency Sir John Franklin, K.C.H.K.R.

Lieutenant Governor of Van Diemen’s Land

And its Dependencies

The Humble Petition of

Neil Fergusson Fraser

Most Respectfully Sheweth

That Petitioner arrived in this Colony per “North Briton”, free, in February 1836.

That Petitioner was Transported for Life in December 1839 and was sent to Port Arthur – Petitioner underwent at the Settlement the usual course of severe labor and was latterly employed in the Commandant’s Office as Police Master. In November 1841 Petitioner was removed – as writer – to the Coal Works, Recherche Bay – Your Petitioner respectfully trusts that his removal to this place in the capacity in which he is employed testifies to the propriety of his previous conduct – yet your Petitioner in praying your Excellency to release him from Penal Coercion does not intend to advance any aim, but trusts to Your Excellency’s Clemency – Your Humble Petitioner will in his future life prove that he is not unworthy of it.

–       and Petitioner, as in Duty Bound

–       will ever pray

&c &c &c

Neil F Fraser (signed)

North Post

Recherche Bay

Coal Works

March 1842

P96 [back of p95]

Hearing/turning? The praird? The Petitioner has been at Recherche Bay in the mining parts? Stationed there in the capacity of clerk he has conducted himself much to my satisfaction in correct conduct and the utmost attention to the duties he has had to perform.

James Smith  PM [signed]

The conduct of the memorialist here? Under my command has been very good? Conduct generally – and attentive to his duties.

Charles  O Hara Booth [signed]




The Petition of Neil Fergusson Fraser


To be released from

Penal Coercion

At the Coal Works at

Recherché Bay

March 1842



Island of Van Diemen’s Land

To Wit

Information of Samuel Munday

Watch House Keeper

On Oath saith

I saw Mrs  Stokes at eleven hecentots? 12 Saturday day in the house where she resides – Shipwenn? Mrs Stokes appeared to be under the influence of liquor but not drunk. She was strongly under the influence of Liquor. She could walk and knew what she was about – Her house where she lives is situated about fifty yards form the road said on Mr Field’s property. I saw her first on Saturday night in her own house. She was standing up – I had orders from the D Constable to go to the house of Mrs Stokes. She was ordered to the Watch House by Mr Walker Dt Constable.

Saml Monday

Taken and sworn before me the 31st day of January at the Police Office Westbury? In the presence of the prisoner 1842

P99  [back of p98 – letter addressed to]

Miss H Landell

Post Office Brach

Via Bishopsbourne Station

P100 [1842 – in pencil top right]

George Town

Island of Van Diemen’s land

To Wit

Fn: Possibly? John Kilminster, Prince Regent, 1820. Warwick Assizes, 27th March, 1819. 14 years, Labourer. –

John Kilminster upon being sworn states

I am a prisoner of the crown and belong to the Marine Department

I was going in a boat yesterday evening with Mr Landell at the heads about 4 o clock we had pulled about two miles, there was conversation carried on the boat between the men.

Mr Landell ordered them not to speak a word, in the space of ten minutes afterwards, I asked a man in the boat if I should give him a spell. Mr Landell said directly silence you  scoundrel or I will knock your brains out.


Mr Landell than took hold of a stetcher? And truck one across the face with it. I told him I should report his conduct and called upon Mr Forester at the time as a witness. Mr Landell then caught hold of me he called God to Witness that if I uttered another word he would knock my brains out with the same piece of wood (having it his hand wavering over my head) as he struck me across the mouth?.

I told Mr Landell as I was leaving the boat that I should lodge the complaint to the magistrates, he told me I had better not.

I recollect speaking to the other

X ed   by Mr Landell


Men in the boat once, I do  not recollect  your telling me to pull my oar and hold my tongue, I do not remember your telling me to pull my oar and that  would be enough for me to attend to – I recollect our asking me if I would yarn in that manner if Mr Friend or Mr Davis were in the boat this was after you struck me. I heard you say that if I had been in the habit of yarning in other bots I should not yarn in yours, I do not remember you telling me to leave off yarning until I got ashore and then I could yarn as long as I liked, I remember your saying after you had struck me that if I did not leave off yarning you would knock the stick down my throat by Heaven.

Ed: by the bench

The mark I have near my eye


Was caused by the blow I received from Mr Landell with the stick.

John Kilminster

His x mark

Witness: Edward Best

Taken and sworn before us at the Police Office George Town this 13th August 1842

[not signed – big vertical twisty swirls – signature?]


George Town

Island of Van Diemen’s Land

To Wit

George Foster upon being sworn states

I am a pilot on the River Tamar.

I was in the boat yesterday going to the heads with Mr Landell and the man now present. As we were pulling down several of the men began talking and I believe the men now present to be one of them. They were talking very loud and Mr Mandell ordered them to be silent. They all desisted but the man now present and he did not and he said something to Mr Landell but I do not know what, Mr Landell then took up a stretcher? And said he would knock the man now present head off, He still kept on talking, Mr Landell repeatedly


Begged of him to hold his tongue, Me Landell then took the stretcher? And shoved it aginst the man not present eye. I cannot say whether he had the mark which is now on the man’s face, Mr Landell went on begging the man to hold his tongue, the man I believe then aid I shall go onto? The Magistrate.

No questions by Mr Landell.

X ed by Mr Landell.

George Foster [signed]

Taken and sworn before us at George Town this 13th August 1842

[not signed – big vertical twisty swirls – signature?]


George Town

Island of Van Diemen’s Land

To Wit

Charles Miles upon being sworn saith

I am a Prisoner of the Crown. I was going down the Head in a bat last night with Mr Landell and the man now present , the complainant spoke to me in the boat and Mr Landell told him to hold his tongue, soon afterwards he spoke again. Mr Landell told him if he did not silence he would knock him down with the stretcher? And then struck him, Mr Landell struck the compl upon one of his temples, I heard the compt tell Mr Landell that he thought he was saying no harm. Then Mr Landell struck the compt I heard him say he should call upon Mr Forster?

X ed by Mr Landell

I recollect hearing you tell the man to hold his tongue, I recollect hearing you ask the compt if he would yarn that if Mr Friend or Mr Davis was in the boat.

Charles Meils [signed]


At this stage of the investigation it appeared from the prisoner’s own confession after a close examination of his eye by the bench that the scar which he had lead the bench to suppose was inflicted by a blow from Mr Landell, had been on his face since he was two years of age.


Complaint of John Kilminster against Mr Landell pilot in the river Tamar for striking him


p108 [1843 – in pencil top right]


In compliance with the direction of His Excy the Lieut Govnr communicated to me on the 21st instant respects the supply of water to the public establishments at Launceston. I have the honor to acquaint you that having seen Mr Yates? Of the Lufweed??? Hill whence the supply of water has been hitherto procured by the Govt without charges I was? Informed that the refusal to allow water to be taken as usual arose in consequence of the  surer???? Having been demanded by the men employed to drawn it as a matter of right and having also in order to render  the work of filling the carts more easy placed stones which caused the water to collect so start the wheel of the Mill worked in it and thus decreased the power.

I have ascertained that the Road at present in use to the punt by the side of the Mill is private property being part of the Mill Premises the Grant? From the Crown has


Has been referred to and there is not any right for a road though the property to the South Esk River. Mr Yates will enter into a contract to supply water not including cartage at 1/d? per ton c/f 250 gallons which is the same rate which  he is paid for by the shipping. I enclose a memo? Which I have procured  from the supert. of convicts showing the number of men &carts employed in drawing water to the several departments and the quantity of each.

The marine department (which is  convict?) that mentioned in this memor is supplied by means of a Floating Lamp?  Worked  by three men to the full of the South Esk River these filled and then moved? In the North


Esk off the Marine Station 40 gallons is about the daily consumption.

It thus appears that 205 gallons are daily required for the Coln. Depts.

1115   “ “ for the convict Departments.

Making a total of 1320 gallons.

It is my opinion that if an agreement is made with Mr Yates from the facility thereby afforded in filling the carts the ten men and two? carts without the Tunk? Could supply the whole of this quantity and the coast as I estimate it would then be thus

10 men rations cloths & c 1/- each per diem  :  10  :

Water as above at Mr Yates price say (5/4) :  5  :

Per diem  :  15  :  4

I estimate that the cost of supply by contract including cartage would be thus

Water at 1/3 per load of 150 gallons for 1329 gallons? Say

:  11 :


This last estimate I make upon the pounds that the House of Correction for Females and the Hospital are supplied by a contractor at the price of 1/- per 150 gallons.

The quantity daily supplied  at the H.C. for females is 1543 gallons and at the Hospital  450 gallons.

I allow 3d/ per load in addition to this contract price because the distance to some of the departments is greater –

A saving by the last method would accrue to the Govt. c/f 4/4 per diem and I think it not improbable that the contract would be taken at less  than 1/3 per 150 gallons.


22 April 1843


The Colonial Secretary

Report upon supply of water to public establishments

P113  [1843 – in pencil top right]

The statement of Sarah Ann Whistlecroft who deposeth and saith,

It was that old shoemaker (looking at James Jewcombe/Stewcombe? that hurt me).

I do not know when he put his cocky to my cocky and hurt me – he said nothing when he did it – Nobody ever did the same to me as he did – Mother was out when he hurt me – I was in his place when he hurt me. Mother told me to go there. I was at the fire when he did


It – he did not put me in the bed he had me in his lap – I did not see his cocky – I did not know it was his cocky that hurt me until I told my mother when I was on Jimmys lap he had his trowsers on – they were buttoned – he unbuttoned them – I did not see him unbutton them – Jimmy put his cocky into my cocky.

Taken before me at Launceston this nineteenth day of July 1843 in the hearing of James Stewcomb/Hewcombe.

William H Sorell?/Bretts?

H  O’a _______ ?  JP

P115 [1843 in pencil top right]

£1980 –

Government Order

Colonial Secretary’s Office

5th December 1843

The Lieutenant Governor directs the assembling of a Board to consist of

The Commandant of Launceston


Philips Oakden Esq

The Surgeon of the 96th Regiment

Wm Henty Esq and

L.W. Gilles Esq members for


The purpose of enquiring into and reporting upon the state of the Female Factory at Launceston in accordance with the Instructions of the Right Honorable the Secretary of State as conveyed in the Despatch No 176 dated 25th Novr 1842 and His Excellency further directs that any three of these Gentlemen shall be competent  to act and make a Report on the present state of the factories at Launceston


And to endeavour to ascertain the practicality even in their present crowded condition, of improving the classification and effecting a more complete separation between those who may seem wholly irreclaimable and those of whom better hopes may be entertained.

By His Excellency’s Command

J.E. Bicheno


Colonial S____ts?

Relative to appointment of board

21st Nov 1843


£1980 –

The Commandant


Colonial Secretary’s Office

15th December 1843


I have the honor to transmit to you for your information and for the guidance of the Board appointed to enquire into and report upon the state of the Female Factory


Launceston Copy of the Right Honorable the Secretary of States Despatch of the 25th November 1842.

I have the honor to be


Your very obedient servant

J.E. Bicheno [signed]


£1980 –

Lieut. Col. Camberlain



Colonial Secretary’s Office

8th March 1844


The Lieutenant Governor have expressed a wish to be furnished with the result of the Board enquiry relative to the Female house of Correction at Launceston I have the honor to request that


The Board will forward their Report with as little delay as possible.

I have the honor to be,


Your obedient servant

JE. Bicheno


Commandant’s Office

Launceston 18th Dec 1843

Report of Proceedings of a Board assembled this day at Launceston pursuant to Instructions received from the Colonial Secretary at Hobarton bearing date 5th December 1843


Lt? Colonel CB Cumberland



Philips Oakden Esq

William Lucas Esq Lawyer? Qb ??

William Henty Esq

LW Gilles Esq

As the commanding office [left margin]

The Board having assembled proceeded to read the letters of 5th and 15th December of the Colonial Secretary an the dispatch of the Right Honorable


Lord Stanley to Sir John Franklyn the Lieutenant Governor of Van Diemen’s Land bering date the 25th Nov 1842.

From the tenor of these letters and this dispatch the Board proceed to make all enquiries and personal inspection to endeavour to ascertain the practicalities even in their present crowded state of imposing the classification  and effecting a more complete separation between those who may   seem wholly irreclaimable and those of whom a better life may be entertained.

The Board proceeded to the Factory without notification of their intentions with the view to find matters in their daily ordinary state.

On going over the several apartments and heads? Of the factory? The board haveth satisfaction  to report that they found there in a perfect state of cleanliness and good rides? A plan of the builds was laid before the board, copy of this it is proposed to apprehend to this report.

As to the present state of the factory –

the Board ???????? ????????? ???????? to report that they found the pairds? And aprtments occupied by the female prisoners in a perfect state of cleanliness. A plan of the building was found before the Board Copy of which it is improper to attend? To these repairs? – the Board find the factory? Occupied by 185? Adults and 26 children – there are eight cells soliciting? But not silent???

It appears that the goods object to the unfinemus and will less of the cash in the lomes??? Is to fields devise a plan of letters, disease and classification of the fields Perciners and allotments and promising of boot/book? And employment of which at present there is no entitled  place on sufficient scale.

21st Decr 1843

The Board Assembled at the factory  and took down the evidence of another? Guidelines as recorded on sheet no 1.

28 Decr 1843

The Board assembled at the factory and took down the evidence Mr Pearson the resident Superintendent of the establ.

4th Jan 1842

The board assembled at the factory and interviewed the examinate of Mr Pearson the minutes of which were taken down in writing.


8th January ???

Pulled to Claunia and Dr Lucas shop>>>>> part of the evidence of W Pearson and that of mr Rob Bike? Presents? Dr Lucas  v? Charmine?

11th January

The Board assembled at the commandant’s office and proceeded to examine and take down the evidence of Dr Benson? –and Desired Dr Brown present chairnman Dr Lucas Mssrs Henty and Palden?

15th January

The Board assembled present: Durmia?, Mr Lucas, Palden, Henty, & Atkinson – proceeded to examine  the issues   and the? Led? Dr Browne

18th January

The Board assembled at the Factory – present:  chairman Mr W Henty and Atkinson. The board examined and inspected the whole of the build of the female factory.

22nd January

The Board assembled all present. The board proceeded to pame? Its report in the actual state of the Factory.

25 January

The Board assembled at Commandant’s Office all present. The Board called in the Superintendent and consulted him   relative to the efficiency? Of the compastuinets? Of the factory? And continuation of Dr Benson’s evidence.

29th January

Report commenced, present: Mr Henty, Cumbeach, and Lucas meeting adjourned until following day.

30 January

Present Mssrs Henty, Lucas, Atkinson, & chairman constumatic of Report


8 Feb

re meeting. The Board did not assemble in indulgence of mr Henty’s absence in Hobart Town. The chairman marked off proposed attentions on plan.

12 February  1844

Assembled Mr Lucas, and chairman consulted with Captain Gardiner on proposed att?

15 February 1844

Assembled chairman marked of proposed alterations.

19th February

Board Adjourn

26 February

Board assembled and proceed to pauce? Report.




Lieut Governor

Sir John Franklin

No 176

Downing Street

25th November 1842


In my dispatch of this date No 175, I have communicated to you very fully the views of Her Majesty’s Government as to the future conduct of the system of Transportation in reference to male convicts. An equally important and in some respects, a more difficult subject, is the application of the same sentence to the cases of female Convicts.


The difficulties are greater, inasmuch as those with whom we have to deal are in general fully as depraved as the male convicts, while it is impossible to subject them to the same course of discipline; and thus no alternative seems to be left, but either to detain them in actual confinement , or to permit them to enter, in some mode or other, into the mass of the population, where the knowledge of their former character subjects them to continual degradation; – and having neither sound


Principles, nor feelings of self respect, to protect them, and surrounded by peculiar temptations, arising out of the peculiar state of the population, it is hardly to be wondered that they become, with few exceptions, at once reckless and hopeless, and plunge deeper and deeper into misery and crime –

Looking to the alarming disproportion which exists, and must continue to exist, in Van Diemen’s Land, between the sexes, it would obviously be the policy


And the wish of the Govt. to carry into actual execution the Sentence of transportation on females as Generally as possible; but I cannot but feel that the Govt. are bound, at the same time, to give to these unhappy beings every chance for reformation and that they incur a serious responsibility by inflicting upon them a sentence which rather furnishes additional incentives to vice, than encouragement and facilities for reformation; – and I am compelled to express my fears that female transportation, as it has hitherto been conducted


Has partaken more of the former than the latter character.

According to the present system, it appears that, on the arrival of a female convict ship, notice is given to parties desirous to apply for assigned servants; and that the females so applied for are immediately transferred to the service of their employers, while the remainder are detained in the female Factory.

It may appear extraordinary looking to the great scarcity of females, and the great demand for their services in Van Diemen’s Land, that there should  in ordinary circumstances, be any “remainder” left


Upon the hands of the Govt. , – yet I am informed, that not only is this the case, but that great difficulty is experienced in disposing of these females. – If this be so, it is a fact which marks most strongly the general feelings of the population, and the almost inseparable difficulties with whih these poor creatures have to contend in the attempt, if ever made, to return to a better and more respectable line of life. –

The system of assignment in regard to male convicts has been loudly and unequivocably condemned; I confess I think myself, too loudly and too indiscriminately, though I


Am not insensible to the many and obvious objections which may be urged against it. – But whatever these objections may be, they apply with at least equal weight to the case of females, aggravated, as it seems to me, by other and peculiar objections which will readily suggest themselves. – I have no doubt that the local Govt. do their utmost to throw the shield of their protection around these women; – but the difficulty of obtaining admission for them into respectable situations is notorious , and, assigned to the less scrupulous and less moral portion of the Community to suppose that they must


Be continually exposed to criminal solicitation, to grievous oppression, and often to personal violence; while from their previous character, little confidence is place or can be placed, in the truth of their complaints, if they should venture, or be disposed to complain to superior authority. –

Yet I am unwilling to believe but that, even among these women, there are some, perhaps even many, who may be capable of better things; on whom instruction, care superintendence, and, above all, the stimulus of hope, might work beneficial effects, and make their sentence, instead of being a curse to themselves and to


The colony, contributory to the advantage and benefit of both.-

But in anxiously considering this question with my colleagues, we are decidedly of opinion that no real amount of good can be effected, without putting an absolute stop to the system of assignment of females; and I am there fore to convey to you the instructions of Her Majesty’s Govt. that you do not permit the future assignment of any female convicts who may arrive subsequent to the receipt of this dispatch, or who may not have been already assigned.

I am aware that this may occasion, in the first instance, some, and perhaps a considerable increase of expense; – but Her Majesty’s Govt. are


Of opinion that the interests involved are too important and too urgent to allow such considerations to interfere with the immediate adoption of a system recommended by motives of justice and humanity. –

You will therefore consider yourself authorized, in respect of Females who may hereafter arrive, either to hire buildings for their confinement and superintendence, apart from those who are already in the Colony, or, if that cannot be accomplished at a reasonable expense, to detain the convicts ship in which they may arrive, and in which some arrangements will have been made for their classification, and to allow them to remain on board until you shall,


Be able to effect some more permanent arrangement.

All accounts which I have received, concur in representing the state of the female factories at Hobart Town and Launceston as exceedingly discreditable; – as crowded to such an extent as not only to have rendered it necessary to abandon all attempts at employing the greater portion of the prisoners, – but as defying all classification and subjecting every class of offenders to the contamination of mutual bad example, in rooms so crowded, that, according to very highest authority, it has occurred, that the whole of the Prisoners have been unable to lie down at one time, and


That a portion have been kept standing while others rested.

In these factories are confined convicts who are unable to obtain assignments, together with those who have been return from assignment for the purposes of punishment, and those, who, being with children from illicit connexions, are thrown back on the hands of the Govt, and who, after their delivery, and being attended to at the Public Expense, again go forth, leaving their children a burden on the Public, through the whole period of infamy and childhood, to return again, in many cases under similar circumstances.

This is a system which it is necessary altogether to remodel, while


It continues; – the evil which it engenders is constantly perpetuating and increasing itself – the respectable person will take a servant out of such a school; those who go out from it, go out to all sorts of temptations and vice – and again return, adding, by their numbers to the crowds which render discipline  impossible, – and by their language and example, to mass of vice which  prevents the inmates from being healthily absorbed into the population. I proceed to state to you the manner in which Her Majesty’s Govt propose to deal with a state of things so fearful, and requiring so urgently a prompt and effectual remedy.-

It is our intentions that measures should


Be adopted, with the least possible delay; for the construction in a healthy situation, inland, and at a distance certainly not less than 20 miles from Hobart Town, or a Penitentiary upon the most approved plan, capable of containing at least 400 female prisoners,- Instructions have been given to the Inspector of Prisons  in England to prepare the plan of such a building, which will be constructed at the expense of the Home Govt. Immediately on the receipt of this dispatch you will in concurrence with your council, institute enquiries as to the lest site for such a prison, – taking into consideration the healthiness of the situation, constant


And easy access to good water, facilities of transport of building materials and especially in the neighbourhood of stone and timber; – but above all, the former. When, in conjunction with your Council, you shall have decided on the site you will immediately report to me your selection and the reasons which have influenced you in making it; – but you will not think it necessary to await any approval before you commence such preparations as do not require that you should have the plan before you. – It is necessary therefore that I should impress upon you the propriety of well considering every circumstance, before you incur the responsibilities of making a selection on


Which so much depends. –

When you shall have decided you will communicate with the Director of the Probation Gangs, and remove thither as large a number of convicts as can be safely housed, and usefully employed, and occupy them in felling timber, quarrying stone, and all the more laborious work which will be required for the construction of the new Penitentiary.-

When the plans shall have been furnished to Her Majesty’s Govt, and approved by them, they shall be sent out, together with such persons as it may be thought proper to select here, for the purpose of superintending their execution.-

To this Penitentiary, when completed, it is the intention of Her Majesty’s


Govt. that every female convict on her arrival, without exception should be sent for a period of not less than six months.

It is hoped that considerable improvement has of late taken place in the management and discipline of female convict ships. It will be the endeavour of Her Majesty’s Govt still further to improve the reformatory system on board, and to continue it, and keep alive the good feelings which it may have produced, after the arrival of the convicts on shore. I shall, in conjunction with the Secretary of State for the Home Dept. endeavour to engage the services of competent person to undertake the superintendence of this new establishment, who will be furnished with


Detailed rules for their guidance, and for the conduct of the penitentiary, in which we shall endeavour, as much as possible to surround the convicts with attendants of their own sex.

I have already stated to you the intention of Her Majesty’s Govt. to apply to Parliament without delay for an amendment of the Act 2 and 3 w 4 which has hitherto prevented the issuing of Tickets of Leave to Female Convicts, until the expiration of a considerable period of their sentence, Ive propose, when that act shall have been amended, that any female convict who shall have conducted herself properly on board ship, and during the six months of her imprisonment, shall obtain, not a Ticket of


Leave in the first instance but a probation pass, upon the same principle which I have already explained to you in reference to the male convicts, – that the contract observed shall be entered into t the Penitentiary itself, with the consent of the convict, and subject to the approbation of the Governor – It will be expected that, in all cases, the employer should be bound to afford to the convict his personal protection in removing her to the place of her service. –

During the whole period of the six months, constant reports will be made and retained as to the conduct of the prisoners;- and no prisoner will be allowed the privilege of a probation pass, unless he conduct, on the whole, shall


Have been satisfactory.- It may be superfluous for me to add, that it is intended to regulate the gradual advance of the female through the stages of probation passes and Tickets of lave, on the same principle, which are directed to be applied to make convicts; – with same inducements to good conduct, and similar penalties attached to bag, during each stage of the process. –

It is hoped and believed that, by regulations such as I have described an incentive to good conduct will be held out to the convict from the very first, in the hope not only of escaping from the coercion of prison discipline, but in that which she can hardly have in any case


Under the present system of redeeming her character, and being readmitted, after a graduated system of probation, into respectable and virtuous society. –

Ive hope also that the knowledge of these precautions on the part of the Govt. will tend materially to diminish the reluctance of respectable colonists to engage the services of female convicts, – a reluctance which it is obvious, on the present system, nothing but absolute necessity can overcome, on the part of any persons with whom it can be desirable to place convicts.- We are rather led to indulge this hope, because we are informed, on the high authority of the late Colonial Secretary, that there is even now no difficulty in obtaining employment for females with Tickets


Of Leave, and that the instances are very rare indeed in which Tickets of Leave have been again forfeited by females who have been fortunate enough to obtain them.

However, painful may be the condition of those unhappy women who may now be undergoing the sentence of transportation I feel in absolutely essential to the hopes of success under the new system, that no transfer should take place from the existing factories to the intended penitentiary; – at the same time, I am very anxious  that the inmates of the former should not be left in their present hopeless condition; – and I have therefore to instruct you to cause immediate enquiry.


To be made into the present state of the factories, both at Hobart Town and at Launceston, and to endeavour to ascertain the practicability, even in their present crowded condition, of improving the classification, and effecting a more complete separation between those who may seem wholly irreclaimable, and those of whom better hopes may be entertained. You will be authorized to hold out to the latter, and even to the former the hope that , when the law allows it, probation passes, the nature of which you will cause to be explained to them, may be indulgences and still more the higher one of Tickets of Leave, will be


Dependent wholly on their own conduct,  and on their ability, consequent on such condict, to obtain employment.

If you shall succeed by these means in diminishing the existing pressure on the factories, you will endeavour, by improved arrangements, to make them, what I fear they are not now in any degree places at once of punishment of employment , and of reformation; – and you  will constantly bear in your own mind, and endeavour, to impress on those of the convicts, that while the degradation of assignment is finally put to an end to, the privilege of employment in private service can only be the consequence


, the reward, and encouragement, of good conduct.

When the new system shall be in operation, it is to be understood that the penitentiary about to be built, is to be devoted exclusively to the newly arrived;- that the places of punishment will be the factories;- and that those, who having obtained probation passes, or Tickets of Leave will if they forfeit them be returned, not to the penitentiary, but to the severer discipline of the factory,- for the regulation of which in such a sense it ill be necessary to provide.-

Under the system which we propose, it is calculated that six hundred


Females annually maybe expected to pass through a penitentiary capable of containing four hundred at one me; – and should it happily succeed, as , with God’s Blessing, we may reasonably hope that it may, he Govt. will ct on the principle of carrying into effect almost universally the sentence of female transportation, in the belief that, by so doing under proper restrictions, they will be conferring a benefit on the Colony, at the same time that they give to the convicts themselves the best prospect of regaining character and station both of which, in this country, would be wholly hopeless, and, I fear, at present even


Moreso in van Diemen’s Land.

I have not entered , in this dispatch, into minute details. – I have rather desired to put you fully in possession of the views and intentions of Her Majesty’s Govt. as to a system which cannot be brought into immediate operation, but for the adoption of which it is desirable

That immediate preparation should be made; – and I feel assured that the vital importance of the subject will render it quite unnecessary for me to comment it to your immediate and anxious attention.

I have & c

(signed) Hanley


Launceston Factory proceedings


Sc No1 Copy

Launceston Juny 23rd 1843


By this day’s mail I have addressed a letter to the government on the subject of the work now in progress in front of the Gaol and Factory by the Gange under  your charge and as it is very doubtful whether injury instead of benefit might not accrue from its completion vz whether without the sanction of the Government. You are authorized to alter the works of your predecessors. I have the honor to request that you will cause the work in question, scarcely? In part of the Gaol and factory to be suspended until the will of His Excellency the LIeut. Governor be made known to send? Whether or not he deemed it advisable that the court? should be proceeding forth>

I have &c

Signed  Edwrd St Shaun

Major & Commandant The Town Surveyor

(no 2)


(no 2)

Town Surveyor’s Office

23 Jany 1843


I have the honor to state that I have this ???? received a communication from Major St Shaun in his capacity as Commandant respecting the work the Town Surveyors party  have been engaged upon for some weeks past in compliance with the directions of the Police Magistrate to render Patterson St complete, (I have as the Pol’e Magistrate is absent on leave) in furtherance of the wish of the commandant suspended the work, and have to request that surveyor general may be instructed to direct the resident officer, of the department at Launceston or some other competent person to inspect and report on the work in question as I feel satisfied that the same is not only free from causing either directly or remotely any injury but will be found most beneficial in its object and results, it being the greatest thoroughfare in Launceston.

I have &c


L?H Moore

(No 3)

The Colonial Secretary


To: The Police Magistrate

Town Surveyor’s Office

Launceston 24 Jany 43

(no 3)


Herewith you will receive copies of a correspondence originating with Major St Shaun?  The “Commandant of Launceston” respecting work there being executed? By the Town Surveyors Party in Patterson street, which time would not permit being prepared and sent to you  for your information before port? Swan? Yesterday.  I shall merely observe that altho’ you will perceive I pledged myself in my letter to the commandant not to allow any fresh portion “of the street being altered the Commandant nevertheless thought proper to go to the works after he had received my letter acquainting him that it was under your directions. I was acting and prevent the removal of the surplus stuff which had been previously raised by ordering of the horses and cart of those persons who voluntarily furnished them in aid of the work then in progress, – which is much to be regretted as those parties may not be again induced to render such essential voluntary aid the labour of removing the surplus


Soil there being valuable both as respects time and vast suornig? of Prisoners labour by the sand? Carts, which such voluntary contribution of the Horse carts displaced –

The authority under which I complied with the commandant’s request to suspend the work in question is contained in a letter addressed to me by the Colonial Secretary of hich the following is an extract –

2 1124  16th Sept 1842

With regard to that portion of your letter addressed to the Police Magistrate in which you complain of the interference of Major M Shaun I am to acquaint you that it is incumbent on you to pay due attention to those instructions of Major St Shaun? Which His Excellency may have entrusted to him as the Commandant of Launceston.

I have & c

Signed  L?H Moore

(no 4)


(no 4)


I beg to forward these papers for the information of the chief   Police Magistrate the work in progress by the Town Surveyors Party is a most excellent improvement in my opinion, I am not aware to what extent the Commandant is authorized to interfere with the Town Surveyors Gangs but I have before me a letter to the Pol Magt from the Coln Secy dated 20 Sept 42 marked LH24 wherein it is stated that Mr Moore was directed implicitly to abide by the instructions which the Pol Mag might issue – it does not however contain the communication created? By Mr Moore from a letter from the Coln Secy of the same mark and date! How if/is?  Major St Haun? If justified in the step he has taken  it would seem that both the PM and Town Surveyors must be under his control and that it will become necessary for the PM before giving any orders to submit them for the approval of the commandant – In my humble opinion a great injury has been done by stopping the work in a thoroughfare where upon the average 350 resides pass in a day and independent of my own judgement I am credibly informed that no danger whatever exists in regard to the factory and gaol to the completion of the improvements in question.

I transmit this correspondence to the CPM because it appears to me to mode? a question  of interference with the Police which cannot I think work? Beneficially to the public service.


A Gardiner


20 jany 43

(no 5)

[unreadable word bottom left]


[crossed out corrections to letter that is on other side – p 158]


(no 5)


TS Office


28 Jany 1843


With reference to my letter under date? 24 instant transmitting copies of correspondence with the Commandant of Launceston respecting the work then in progress under your directions opposite the gaol and female factory but which has been suspended at the instance of the Commandant. I was ? now to submit to you an official note pour?  Jas. Scott Esq Surveyor at Launceston whose professional opinion I trust will set aside all doubt of the utility and necessity of the completion of the work in question – And as I apprehend / should a change of weather take place/ that a weeks delay now might throw the work into that state as would cause such an excess in expenditure  of labor, materials and consequently time as most materially to interfere with if not totally interrupt  the completion of the other works you contemplate being done – I am to request your instructions at your earliest possible convenience.

I have &c


J?B? Moore

(no 6)

to: The Police Magistrate


(no 6)


Launceston 27 Jany 1843


In answer to your letter of the 24th inst. Requesting to have my opinion of the work now in progress under your directions on Patterson Street opposite the jail and Female Factory – Having examined the same in your presence. I beg to state that in my opinion the same is both judicious and beneficial and when completed will be a very great improvement to that part of the street and render that approach to be town to be much easier than it is at present.

I have & c

Signed James Scott

LH Moore Esq

(no 7)


I beg to forward these papes in reference to my communication of the 26 inst., it is of importance that the work should not be any longer delayed – the street as it is now left is in a dangerous state.

I have &c


A Gardiner

Acting Pol Mag

30 Jany 1843

The Chief Police Magistrate

(no 8)


No 8

Major St Haus?  Letter to colonial Secretary referred to Police Mag. For his reports.

The Lt Governor approving of the suspension of the work  until the same? Was received and his decision made known. –

Received 1sr Feb 43  form?

Colonial Secretary

P163 *[inserted ¼ of page piece of paper]

I have instructed Lt? Moore not to reduce the earth next the walls in the least degree

And the formation of the postway next to the gaol wall at one end will cause an addition of earth, at the other end it will remain at its present height.  I  am not…


*[inserted ¼ of page piece of paper]  – red dot seal on back of this slip of paper].

No 9.


Polie Office Launc

2nd Feby  1843

I have the honor to acknowledge the receipt of the papers accompanying your minute of the 31st inst and marked as per margin

I am of opinion…


[red dot seal on top of the page]

No 9

I am of opinion that the work referred to in that correspondence should proceed with as little delay  as possible – I forward Mr Parkers/Packers report upon the subject of danger to the gaol and female factory wall *

I must beg to confirm the opinions expressed and the observations made by the Magt acting during my leave of absence relative to this subject upon the papers which were forwarded to the Chief Pol Magt on the 26 and 30inst. Particularly with regard to the two letters from the col secry dated 20 Sept 43 amounted £1124 I have been hitherto altogether in ignorance of the real nature of the letter addressed to Lt Moore upon that occasion.

[behind bottom slip of paper]

If it was in strict accordance with the letter? Then addressed to me of course was my conclusion? Extremely? Regret now to find that it was otherwise and that in fact my acts? Have been rendered subject to the control of another public office without my hearing any knowledge  that

Colonial Secretary


Such was the case – Should his Excellency the Lt Governor deem it shall ? necessary to vest any power or interference with the Town Surveyors’s Gang in two persons. I must very respectfully request that I may be relieved from the duty of Superintending that party at the same time I beg you will assure His Excellency that it is my sincerest desire on all occasions to forward the objects of the Govt. but I conceive it to be not only difficult but almost impossible for the duties of the Town Surveyor’s Department to be properly carried out if such interference be allowed on the part of the Commandant  at Launceston as has been experienced in the pressed instance in abruptly putting a stop to the works in Patterson St.

I have &c


WH? Breton?


Tim did not admit of a copy being taken of Mr Packer’s report –

It was to the following effect.

If the earth is removed from the gaol wall it would certainly endanger it but if the improvement is carried out as represented by the town surveyor viz not to lower the side of the street  next the gaol and factory there will be no danger to the walls.



Colonial Secretary’s Office

3rd January 1843


I am directed to acknowledge the receipt of your letter of the 2nd instant to an alteration in the road in Paterson Street which has been commenced by the Town Surveyor and I am to acquaint you that the Lieutenant Governor approves of the work being proceeded with, care being taken not to lower the side of the street adjoining to the gaol and factory so as in any degree to endanger the safety of the buildings.

I have the honor to be


Your obedient  servant

J Moores

The Police Magistrate


P169 [back of p168]

Copy of minute forwarding the copy of this letter to the Town Surveyor

4 th Feb 1843

This copy of a letter from the colonial secretary is forwarded for the information and guidance of the Town Surveyor who will be pleased to pay practical attention to the latter portion of it.


MH Breton


Jany 7 – Feby 2   ‘43


Town Survyor

Colonial Secretary


Work in Patterson street.


Colonial Secretary’s Office

8th August 1843


I am directed to acknowledge the receipt of your letter of the 3 instant in reply to my communication of the 1st relative to an alleged refusal on your part to hold an inquest on the “Body of a Young Lady” who may?

H? St Breton Esq



said to have died   mysteriously and to acquaint you that the Lieutenant Governor has expressed his approbation of the course adopted by you on the occasion alluded to.

I have the honor to be,


Your obedient Servant

J.E. Bicheno

P172 [back of p171]

8 Aug 43

Colonial Secretary

Relative to an alleged refusal

To hold an



[to] H st Breton


Colonial Secretary’s Office

10th October 1843


In reply to your letter of the 5th instant, I am directed to acquaint you that the ? William Fletcher whose name appears in the list of Magistrates published in the Government Gazette of the 29th ultimo


Is not the gentleman to whom you allude, but that the Lieutenant Governor will be happy to avail himself of your recommendation in favor of JW? William Fletcher of Launceston by placing his name in the Commission of the Peace.

I have the Honor to be


Your obedient servant

J.E. Bicheno


10 Oct 1843

Colonial Secretary

Mr Wm? Fletcher

Will be placed in the Commt of the Peace



Police Magistrate


Colonial Secretary’s Office

10 December 1846


I have the honor to inform you that His Excellency has decided that the course formerly pursued in issuing Deeds of pardon to convicts entitled to them, shall in all future applications be reverted to viz that the personal description of the convict, and the fee of 3/6 for registering the Pardon shall be forwarded by the Police Magistrate of each District before any Deed of Pardon will be issued but instead of


Being transmitted, as formerly, to the office of the registrar of the Convict Department they must be sent to this office from which the pardons issue.

I have also to inform you that I cases where the holder of a Deed of Pardon applies for a pardon with extended conditions, a fee of 2/6 is to be demanded, and also forwarded to this office with the Deed in questions.-

I have the honor to be


Your obedient servant

J.E. Bicheno

P178 [back of p177]

10 Dec 1846

5/6 to be forwarded ? applications of C.P.

& 2/6 for extended


P179 [nb: the letter ‘c’ in handwriting  below resembles a contemporary @ symbol]

[little stamp  top left corner:


Colonial Secretarys


December? 14 1847


No. 693

Submitted to the Governor with the remarks of the Police Magistrate of Launceston  J.E.B.

Jan? 10

To Sir Thomas William Denison K L/U

Lieutenant Governor of Van Diemen’s Land

&c  &c  &c

The humble Memorial of the Licenced Waterman of the Port of Launceston,

Respectfully Sheweth.

That Memorialists are legally licenced to ply on the river Tamar, and that the fares charged by them are regulated annually  by the Court of Quarter Sessions.

The Memorialists have been informed that boats belonging to the Public Departments are not permitted by your Excellency   to be employed in any manner to interfere with Memorialists in their occupation of Licenced Watermen.

That notwithstanding such Orders from Your Excellency’s Memorialists suffer very materially in consequence of Boats in the Marine and Custom’s Departments, making a practice of taking passengers to and from the wharf to the Shipping and about in various parts of the river.

Memorialists therefore most respectfully pray Your Excellency to issue such presumptory? Instructions as will effectually prevent the continuance of the practice complained of which deprives Memorialists of their legitimiate trade and subjects them to serious pecuniary loss.

And your Memorialists

As in duty bound

Will ever pray

William Wilkinson [signed]

Edward Theosophilus esq ?

Edward Corney

Anthony Colvin?

David McCole


[back of p179]

There can be no objection to an officer giving a lift to a friend but the crew should not be allowed to  ply – orders to be given to that effect.

Answer Memorialists immediately

Will the Police Magistrate  at Launceston make the gentlemen connected with the customs and marine depts. Acquainted with the Lieutenant Governor’s wishes on this subject, ???  ???  ????


B Jan 7 1848


W Tarleton Esq

The Govt Board of ???  July????


13 Jany 1848

Col Sectry

Licenced Boatmen

Compt of Customs



C 371

[to] Police Magistrate


Colonial Secretary’s Office

2nd March 1847


I am directed to acquaint you that the Lieutenant Governor has had before him certain papers connected with the permission given to Murray and Co to construct a tank upon the wharf at Launceston upon payment of a small annual rent.

His Excellency has also had before


Him a representation that the firm of Murray and Co does not exist – that Murray is dead, or has, at any rate, left the colony; – and that the person who holds the interest in the tank is a man named Ackerman a convict clerk in the Post Office. –

Under these circumstances I am to request that you will obtain all the information in your power as to the existence of this partnership and report the result of your enquiries to enable His Excellency to

[Right margin in pencil: Murray & all his family left the colony ?? is reporte he is dead? In New South Wales…. Ackerman sole aostenicble? Proprietor]


decide upon certain matters submitted to him in connexion with the subject.

I have the honor to be


Your very obedient Servant

J.E. Bicheno [signed]


2nd? March 1847

Col Sectry

Ackerman and

Murrays Water




[to] Police Magistrate


Colonial Secretary’s Office

11th March 1847


With reference to your letter of the 6 instant, reporting the result of your enquiry as to the existence of the firm of Murray and co – I am directed t acquaint you that the Surveyor General has been instructed to give 24 hours notice to Ackerman to remove the Tank, and I am to request that you will


Inform that person that his employment in a public office precludes him from engaging in any such matters as have now been brought under His Excellency’s notice; and that if he wishes to retain his situation he must cease to do so.

I have the honor to be


Your very obedient servant

J.E. Bicheno (signed)


11 March 1847

Col Sec


Tank to be



date Name and condition of party accused Nature of offence How disposed of remarks
April 1847 Michael Casey Pr,British Sovereign  Ticket of Leave Assault with intent on femaleChild 4 yrs old 3 yrs in chains at PortArthur & 50 lashes According to the evidenceIn this case the completionOf the crime was onlyPrevented by theAccidental presence

Of the father of the child

In ??? adjacent to which

The attempt was made

May 1847 Owen Coyle PRRichard Webb Ticket of Leave Ditto about 7 Committed butDischarged by theAttorney General to beticsummails? AtWestbury
June 1847 George Neil?  PrAsia 4 Conditional Pardon Rape on child Capitally convictedAnd sent to NorfolkIsland In this case the childCaught venerealDisease from thePrisoner which led toHis discovery
July 1847 Jno Kelly prJupiter Passholder Sodomy with male adult Acquitted of capitalOffence. 9 months toPort Arthur for theassault This offence occurredat the L Barracks on theperson of a soldier
Novr 1847 Geo Neale prSt Bodington Passholder Assault with intent on malechild 18 months hardlabour in chains
Dec 1847 Fred Dring  prLayton 3 Ticket of Leave Attempt at beastialitywith a Bitch 9 months to PortArthur
Jany 1848 unknown Assault with intent on femaleChild of S/J Hunter There is little doubt thatThis capital offence wasIn this case completedThe parents howeverRefused to give the

Police any account of

The matter. The neigh-

Bour from whom the

Information was derived

Was not in possession

Of the particulars.

March 1848 William BellMarion passholder Assault with intent on a femalechild 18 months in chains
P190March 1848 unknown ditto Not sentenced.Supposed to haveEscaped from thecolony Warrantsissued
May 1848 unknown Ditto of F. Newell —— In this case the partyattempted to take thegirl into an empty househaving previously takendisgusting liberties with

her he was however

disturbed and foiled in

his purpose by the sister

of the child.

June 1848 unknown Sodomy with female child of WBeecroft ——— The evidence of thesecasesHas been furnished toHis Excellency
July 1848 Wm Barnes? Tortoise Passholder Assault with intent on a femaleChild of L Peat Sentenced PortArthur The evidence of thesecasesHas been furnished toHis Excellency
July 1848 Henry ShackGovernor Ready FS Sodomy and rape on a femalechild Discharged by theAttorney General toBe reformed?? The evidence of thesecasesHas been furnished toHis Excellency
July 1848 Unknown Assaulted with intent on maleChild of J . West Particulars not known


I wish to ascertain Wm Tarleton’s opinion as to the frequency of crimes of this description – whether he considers that many offences of this description are committed upon individuals who do not apply to the police?

[signed] W.D.  15 Sept. 1848

p191 [a5 page insert between p189-190]

no 2221

[to] The Police magistrate


My dear Sir,

To save tie I send you a  minute addressed to me by the Lieut Governor and by you will favor me with the information requested in it at your very earliest


possible convenience.

For the same reason I have not forwarded it through the Chief Police Magistrate.

Your very sincerely J.E. Bicheno

15 Sept. 1848


48 Secry

term? Of unnatural? Cases


[to] Police Magistrate


No 3299

Colonial Secretary’s Office

22nd June 1849


The Lieutenant Governor has had before him a letter from Mr W R Pugh, soliciting the privilege of receiving into St John’s Hospital at Launceston a certain number of pauper patients, to be paid for by the Government, at the same rate as is charged by the Commissariat for the treatment of paupers in the Convict Hospital.

His Excellency is willing to accede to this proposal; and I am to request that on receiving the Lieutenant Governor’s approval of any application from destitute persons for


Medical treatment, – but being lunatics, or labouring under incurable diseases, – you will forward such person to St John’s Hospital, taking care, however, not to exceed the number which can be accommodated therein, for under any circumstances beyond ten. Of this fact you can inform yourself by a reference to Mr Pugh.

Mr Pugh will probably desire that the payments on this account should be made monthly, and it will be desirable that a nominal return of the pauper patients admitted, showing the periods during whch they have been severally received medical treatment, should be made out by him and furnished to you, and that you should certify to the correctness of the return after a personal inspection of


The Hospital books. By these means a check will be kept on the accounts sufficient to satisfy the Commissioners of Audit in England.

I have the Honor to be


Your very obedient servant

J.E. Bicheno


22 June 1848

Col Sec

Pauper Patients

To extent of 10 may

Be sent to St Johns



[to] Police Magistrate


No 3238

Colonial Secretary’s Office

9th July 1849


With reference to my letter No 3328 of the 23rd ultimo the Assistant Comptroller of Convicts has reported that the Superintendent of the Prisoner’s Barracks has been instructed in the event of the death of a pauper patient in St John’s Hospital to furnish men to dig the grave and carry the coffin, upon your requisition, in the same manner as if such pauper had died in the convict Hospital.

I have the honor to be,


Your very obedient Servant

J.E. Bicheno


9 July 49

Col Sec

Convict  Department

To supply bearers

For pauper coffins


[to] William Tarleton Esq

Police Magistrate


No 3038

Colonial Secretary’s Office

27th April 1849


I am directed to acquaint you that a Captain Gardiner has not intimated his intention of resuming his function as Coroner at Launceston; His Excellency has been pleased to approve of the duties devolving on Mr Kennedy whose long services appear to the Lieutenant Governor to be deserving of this consideration, and who will


Receive his commission of Coroner for that prupose –

I have the honor to be


Your most obedient servant

J.E. Bicheno


27 April 1848

W Kennedy



[to] William Tarleton Esq

Police Magistrate


No 3483

Colonial Secretary’s Office

11th September 1849


I am directed to acknowledge the receipt of your letter of the 10th ultimo respecting the appropriation of the money collected in the District of Launceston for the registration of dogs, – and I am to acquaint you that the Lieutenant Governor is desirous of leaving the proportion  to be paid for the several roads


Of the district, to be settled by Public Meetings of the parties interested, – it being understood that the sum collected in the Town shall be applied under the directions of the Town Surveyor.

I am therefore to request that you will have the goodness to put yourself in communication with the several parties, in order that effect may be given to the wishes of the Lieutenant Governor.

I have the honor to be,


Your very obedient servant

J.E. Bicheno


11 sept 1849

col sec

Application of

Dog Money to be left in Public meeting


[to] W Tarleton Esq

Police Magistrate


No 3483

Colonial Secretary’s Office

31 July 1849


I am directed to acquaint you that a communication has been received, signed by W.M. Henty and other “inhabitants along with line of the George Town Road heading from Launceston”, requesting that the monies received in that District for the registration of Dogs may be expended in the repairs of


The above mentioned road commencing with the Bridge.

With reference to this application I am to request that you will be good enough to ascertain and report, what extent of the George Town Road is proposed to be comprehended, and what amount has been collected, under the Dog Registration Act, in that part of the district – The Collections in the District of Launceston are appropriated by the ??? to the repair of the streets in the Town, and the approaches thereto, in the former….


The Colonial Secretary

August 10th 1849

In reply to your communication of the 31st ultimo in reference to the appropriation of the money received  in this District for the registration of Dogs, I have now the honor to lay the following information before you for his Excellency’s consideration.

The amounts collected under the present Act at this Office re as follows.

From April 1st 1848 to April 1st 1849 within the limits of the Town  £85.11.3

Along the line of the George Town Road £10.1.6

In other parts of the District  31.3.-

TOTAL  £126.14.9

From April 1st to July 31st 1849 within the limits of the Town  £41.10.-

On the line of the George Town road £5.12.6

In other parts of the district £14.19. –

TOTAL  £62.11.6

According to the tenor of the… [ go to p 211 for continuation of this letter]

Left margin: With reference to this amount I would mention that many dogs  are daily being registered, that informations are being laid against those who have neglected to comply with the provisions of the act, that I doubt not a much larger sum may be anticipated than that set down here.


Appropriation clause of the act, the first item in these amounts must be handed over to the Town Surveyor, to be expended in the repairs of the streets and the approaches thereton, under which definition the George Town Road for a certain distance must I think in fairness be classed Mr Henty’s opinion is, that the road across the swamp, a distance of about two miles form the Town, should be so considered, but as there are then approaches, and other interests to be cared for this may possibly be thought an excessive demand with reference to the limited means at command : how far however the approaches to the streets in any directions, should be considered the tend , is a matter for His Excellency’s decisions, and should I suggest be made the subject of special instructions to the Town Surveyor, an officer who I am happy to say, say proved himself most


Efficient and energetic in the discharge of his duties, and who under due directions, would I am assured expend the money entrusted to him fairly and to the satisfaction of all concerned.

As to the sum obtained outside of the Town Boundaries, and which is directed by the Act to be devoted to the repairs of roads in the District, it would seem to me the wisest course to leave the inhabitants to decide in public meeting as to the manner of its expenditure and the parties to whom its outlay, is to be restricted : this plan will be in accordance with the source pursued in other Districts will prevent all cavil or imputation again the Government of Partiality in the decisions of the money, and will I am confident, given general satisfaction.

I am &c

Sd  William Tarleton



Former case under the management of the Town Surveyor. But it has been unusual for the Lieutenant Governor to withhold his sanction form the grant of these collections in places other than Hobart Town and Launceston, until the inhabitants themselves in public meeting assembled, should agree as to the mode of appropriating them, and appoint the person who should manage the works.

I have the honor to be,


Your very obedient servant,

J.E. Bicheno


31 July 1849

Col Sec

Mr Henty’s application

For Dog Money . –


Exhibited in Evidence

W Gunn? [signed]


To the Deputy Registrar of the District of Launceston

Notice of Marriage

I hereby give you notice that a marriage is intended to be had within three calendar months from the date hereof, between me and the other party herein named and described (that is to say),

Name: Patrick Brady

Condition: Bachelor

Rank or Profession: Labour

Age: of full age

Dwelling Place: Launceston

Length of Residence: swore? The fifteen day

Church, Building Office or Private House in which the Marriage is to be Solemnized: In the Independent Chapel, Jac??? Street, Launceston by the Reverend Chaplain Price?

Name: Ellen Webb

Condition: Spinster

Rank or Profession: ——

Age: of full age

Dwelling Place: Launceston

Length of Residence: swore? The fifteen day

Church, Building Office or Private House in which the Marriage is to be Solemnized: In the Independent Chapel, Jac??? Street, Launceston by the Reverend Chaplain Price?

Witness my hand this: eleventh day of May 1855

Patrick Brady [signed]



To wit

Patrick Brady of Launceston Labourer

Maketh oath and saith that he this Deponent is free, and that ELLEN WEBB

Named in his Notice of Marriage is also free, and that he this Deponent believes there is not impediment of kindred or alliance or other lawful hindrance to the said Marriage, and that the said PATRICK BRADY

Has had his ususal place of abode in LAUNCESTON during the last fifteen days – and that this Deponent is of full age – and that the said ELLEN WEBB is also of full age.

Sworne before me  Pat Bready [signed]

At Launceston this eleventh day of May 1855

John Crisp

Deputy registrar


No 6255

Colonial Secretary’s Office 7th August 1851


With reference to the application of Mr A.M?. Milligan on behalf of the Launceston Benevolent Society submitted with your recommendation on the 23d ultimo I have to inform you that the Lieutenant Governor approves of the Society in question sending persons coming under its notice and requiring medical

[to] Police Magistrate



Treatment to the Colonial Hospital on payment of a shilling a day for each patient, provided the accommodation be not required for patients maintained by the Government.

I have the honor to be


Your very obedient servant

P Muir?


7 Aug 1831

Col Sec

Benevolent Society

Patients to Colln Hospital

At 1/ pr diem


Ital?  Quin



Hoobart Town


To the Sub Inspector of Police

And to all constables in the Colony of Tasmania, and to the

Keeper of the Gaol

At Hobart Town in the said colony

WHEREAS John Sweeney was this day

Charged before me one of Her Majesty’s Justices of the

Peace for this Colony on the Oath of THOMAS WESTBROOK of

Hobart Town aforesaid

And others, for that

He did on the seventh day of December 1861 at New Town in the Police District of Hobart in Tasmania unlawfully and maliciously inflict upon Louis Absolom, Hobart Town aforesaid certain grievous bodily harm by then and there driving over him with a Cab drawn by his horses thereby inflicting certain injuries to him ribs and face  and….

Committed for Trial

Therese are therefore to command you the said Constables to take the said

JOHN SWEENEY and him safely convey to the Gaol at Hobart Town aforesaid and there to deliver him to the Keeper thereof together with this precept and I do here by command you the said Keeper of the said Gaol to receive the said JOHN SWEENEY into your custody in the said GAOL and there safely keep him until he shall be thence  delivered by due course of law.

Given under my hand this 24th day of December 1861 at Hobart Town in the colony aforesaid.

N.Sailiton? JP

(no.151, Warrant of Commitment. (R.1.)

“The Magistrates Criminal Procedure Act”)


Fully Committed

24 December 1861


F by S  7 years

Ol. Queen


Age 28

R&W  P&S

Received 9 December 1861



One response to “ms 3251 1837-1851 box 2 vol 5

  1. p.108 – George Yates at the Cataract Mill owned the water chutes that brought water to his mill and to a nearby tank where people could fill water carts.

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