Showing posts with label Police Records. Show all posts
Showing posts with label Police Records. Show all posts

Prisoner Charles J. GARFORTH said he would make Superintendent Adolarious H. BOYD pay dearly, 1875

C. J. GARFORTH, constable, musician, husband and prisoner
A. H. BOYD, prison officer Port Arthur penal establishment
Mary Ann LARKIN, bounty emigrant: marriage and children

The photograph of Charles Garforth by T. J. Nevin 1875



Recto image and numbers:
Prisoner Charles Garforth, the name also spelt as Garfitt and Garfoot per M S Elphinstone 2, 1848.
Photographed by government contractor Thomas J. Nevin at the Hobart Gaol before the trial while the prisoner was under remand, January 1875.

This carte-de-visite was acquired by the QVMAG in the 1930s from the estate of collector John Watt Beattie who salvaged 300 or so mugshots taken for police by T. J. Nevin, 1870s, from police records, criminal rap sheets and photo books.The number "174" was inscribed on the mount below the image when listed as part of Beattie's collection at the QVMAG in the 1970s-1980s. It was not one of the 50 or so mugshots removed from Beattie's collection in 1983 which were exhibited at the Port Arthur Heritage Site and returned to the TMAG in Hobart instead of being returned to Beattie's 1900's original collection in Launceston.

Verso cdv Charles Garforth

Verso inscriptions:
Top left: QVM: 1985: P: 0111 (black and white copy reproduced from sepia cdv at the QVMAG in 1985)
Sideways on right: 18..? : 78: 22 (very faint date archived at QVMAG )
Sideways on right: QVM FILE NO. 147 | 283 over 7 (in stamp box listed in 1970s for exhibition)
In centre, and below: inscription dates from 1900s by Beattie et al for sale and display:
"283 / Charles Garfitt/Garfoot/Garforth per M. S. Elphinstone 2 (1848)
Taken at Port Arthur 1874
"
Source: Queen Victoria Museum and Art Gallery, Launceston, Tasmania
Link: https://collection.qvmag.tas.gov.au/fmi/webd/QVMAGweb

Charles Garforth's history with A. H. Boyd
The Hobart Town Advertiser on Saturday 28 June 1862, page 2 reported that the Municipal Council had received a letter from Mr. Boyd announcing that John Garforth had been appointed a constable. But just two months later, in August 1862, Adolarious Humphrey Boyd was advising the Mayor's Court to fine Charles Garforth for being drunk on duty, and recommended his discharge from the constabulary.

1862: Boyd v. Garforth



Mercury (Hobart, Tas. : 1860 - 1954), Friday 8 August 1862, page 8

TRANSCRIPT
MAYOR'S COURT.
THURSDAY, AUGUST 7TH. BEFORE the Right Worshipful the Mayor and Mr. Alderman Risby.
BOYD V. GARFORTH.
This was an information against Charles John Garforth, a constable of the City Police, charging him with misconduct in being drunk on his beat, on the 3rd instant.
The defendant, a respectable looking young man, pleaded guilty, when Acting-Serjeant Vaughan explained the particulars of the case.
The Mayor said that he regretted to see so respectable a young man in his present position. He had only been recently received into the force, and ought to have behaved better. However, His Worship had only one duty to perform, as the regulations were strict and peremptory.
The defendant was fined 10s., with a recommendation to be dismissed from the force.
Source: Mercury (Hobart, Tas. : 1860 - 1954), Friday 8 August 1862, page 8
Link: https://nla.gov.au/nla.news-article8809470

1870: clerk at Port Arthur penal establishment
Despite A. H. Boyd's call for Garforth's dismissal from the constabulary in 1862, he must have acquitted himself well in Boyd's estimation to have gained employed as a clerk in the Port Arthur penal administration by 1870. Garforth's musical ability on the piano ensured his attendance at important functions presided over by A. H. Boyd, suggesting a relationship at a personal level had developed which would account for Garforth's bitter reaction to Boyd's loss of trust in him at trial in 1875 when he accused Garforth of embezzlement.



Page119: Colonial Penal Establishment, Port Arthur
Clerk, C. J. Garforth,, Walch's Tasmanian Almanac
Created/Published Hobart, Tas. : J. Walch & Sons, 1870-[1971]
National Library of Australia, (1870).
Link: https://nla.gov.au/nla.obj-2898240000

1871: Charles Garforth plays the piano at official event

TRANSCRIPT
PRESENTATION at PORT ARTHUR-The officers of the penal establishment Port Arthur, assembled on Tuesday evening last, the 12th instant, at the public reading room, for the purpose of presenting an address and testimonial to Mr James Lawson, head keeper of the Insane Depot, previous to his retirement from office. The pleasing ceremony was preceded by some music, Mr Garforth presiding at the piano. The Civil Commandant, A. H. Boyd, Esq., lead the address, which he prefaced by expressing the gratification he felt in being able to bear public testimony to the excellence of Mr Lawson's character, and further stated that he really believed he had never met with a more upright and conscientious officer in the whole course of his experience - an eulogium which all present felt to be as well merited as it was graceful and appropriate. The address and reply will be found in another column. The testimonial consisted of a handsome tea service, which will remind Mr. Lawson, when far away, of the many years he has spent in the care of the unfortunate, and of the esteem and friendship of those he leaves behind. Music and singing were continued till about 10 o'clock, the Rev. W. Fitzgerald, Mr. J. L. Hill, and others taking part, and a most agreeable and pleasant evening was spent. Mr. Boyd proposed the health of the guest of the evening, which was responded to most heartily, and briefly, but feelingly, acknowledged.



Source: THE MERCURY. (1871, December 16). p. 2.
Link: https://nla.gov.au/nla.news-article8868654

1875: Garforth threatens Boyd in court
Employed as a clerk at the Cascades prison for females, Charles Garforth was charged in the City Police Court with the theft of £10, a charge he claimed his employer, prison superintendent Adolarious Humphrey Boyd, had confected, for which Garforth swore he would make Boyd pay dearly.

TRANSCRIPT
CITY POLICE COURT.
Thursday, January 14th, 1875. Before the Police Magistrate. ...
STEALING MONEY.- Charles John Garforth was charged with stealing £10, monies belonging to the Queen.

D. C. M'Guire stated that the prisoner had been under remand for embezzlement, but that charge had been withdrawn, and one of petty larceny substituted.

The prisoner pleaded not guilty,

Adolarius Humphrey Boyd deposed that he was superintendent at the gaol for females at the Cascades. The prisoner was engaged at that establishment as under-gaoler and clerk. On the last day of last month, witness gave him £l to complete certain moneys which had to be paid into the Treasury. The prisoner had moneys in hand before that. Witness gave him distinct instructions to pay the money into the Treasury on that or the following day. The sum that prisoner had been entrusted with was in all about £10. On Monday, the 4th instant, the prisoner quitted the establishment without leave, and did not return until the following Saturday evening. In consequence of information received, witness broke open the private drawer in prisoner's room, in presence of the matron and Mr. Seagar; there was no money there, only the two empty money bags. On the morning following the prisoner's return he was given into custody. Witness did not see him. The cheque which witness gave prisoner was one that had been received from Dr. Turnley, and was for £1. It was the business of the prisoner to have paid the money at once into the Treasury, as he received it for no other purpose; he had no authority from witness to convert the money to his own use.

In reply to the prisoner, Mr. Boyd stated that he had heard the reason why the prisoner left the establishment, which he mentioned, but as it was only hearsay, it could not be received as evidence. Mr. Boyd said the prisoner had served under him at Port Arthur ; he never had cause to doubt his honesty; there, nor was he ever absent from duty. Never had cause to doubt prisoner at the Cascades prior to this.

George William Fletcher deposed he was clerk in the Treasury, and it was his duty to receive moneys paid in there for the revenue. Did not know the prisoner ; he did not at the end of last month pay any money to witness on account of the Cascades Establishment. The last money paid in on account of the Cascades was on the 30th December, when Mr. Service paid in £24 8s. 10d. If the prisoner had stated that he had paid money into the Treasury about that time, he had stated that which was not true.

Mr. Boyd was recalled, and said that the money paid in by Mr. Service had nothing whatever to do with the prisoner ; it was for the washing account. Mr. Service was the collector of that money, and paid it in monthly.

Elizabeth Turner deposed that she was the wife of John Turner,and resided with him at the Dennison Hotel, Macquarie-street. Knew the prisoner, and remembered him coming to their house on the 30th December. That was the first time he had been there. He asked witness to lend him some money, and witness let him have £8 10s. Prisoner did not say what he wanted the money for ; he promised to repay the amount by seven o'clock that same evening, and he came about eight and repaid the money. It was in notes, gold, silver, and a cheque for £1. Did not have any conversation with prisoner about the cheque ; prisoner told witness it was Dr. Turnley's, but witness did not look at the signature. Witness afterwards paid the cheque to Mr. Biggins, collector for Mr. Walker, the brewer.

To the prisoner : The prisoner told witness he wanted the money because his wife was near her confinement, and be wanted to get some necessary articles. He told her that he could get the money. elsewhere, but he had not time to go to the wharf. The prisoner repaid witness four sovereigns, three £1 notes, a cheque for £1, and 10s. in silver, and said that he brought back the money untouched, except as to 20s. in silver, for which he had substituted a cheque for £1.

District Constable Bellany deposed that he apprehended the prisoner at the Cascade Factory on Sunday morning last. Told him that he was charged with embezzling money belonging to the Queen. The prisoner in reply, said it was quite a mistake ; he had paid the money into the treasury, and Mr. Midwood took it there. He further said that he would make Mr. Boyd pay dearly for this.

This was the case for the prosecution.

The prisoner, in defence, said that on the Monday he left his house from private motives, He could not say he left the establishment ; but from a domestic disagreement he had with his wife, in consequence of a letter sent to him by one of the female warders, he went away and returned on the Saturday evening. With respect to the cheque which Mrs. Turner spoke about, if he did wrong in paying it to her, he did it innocently. It was not his duty personally to pay money into the treasury ; it was usually sent down by a messenger. On the 30th ult., on the day the late Sheriff paid his last visit, he (the prisoner) was very busy, and put the money into an open box for the messenger to take, should he (the prisoner) be absent ; but he had so much to do that day that he never thought of looking to see if the messenger had taken it or not. The prisoner, called the following witnesses :-

Walter Scott deposed he was the messenger at the Cascades. Remembered the morning of the 30th ult., when the late Sheriff was there. Went to town about 1 o'clock, after getting some letters from prisoner, who took them out of the box. Returned about three o'clock, and went again to town between then and four o'clock, but did not find any letters in prisoner's box at that time. In the morning, prisoner gave witness all the letters that were in the box.

Thomas Todd deposed he was gatekeeper at the Cascades. Knew that every one had access to the office at the Cascades whether the clerk was there or not. Witness used to be in the office about six hours a day. There were two women employed about the offices to clean them out, and no one remained about the offices but those women while they were being cleaned out.

To the Bench: There was a desk in the office, which was kept by the prisoner under lock and key ; it was found locked after he left.

The Police Magistrate : In 1865 you were charged with a similar offence and committed for trial, receiving a sentence of four years' penal servitude, is that so ?

The prisoner : It is, your Worship, but since that time I have endeavoured by all means in my power to regain my character.

The Police Magistrate said the magistrates could have no doubt whatever as to their duty in this case. The evidence against the prisoner was so clear that any jury in the world would convict him upon it. The prisoner was entrusted with money for the special purpose of paying into the Treasury; but that money had not been paid into the Treasury, and had never been accounted for, and it was quite evident that the prisoner had converted the £1 cheque to his own use. It seemed impossible for the magistrates to do otherwise than convict the prisoner of the charge made against him. He was one of those clever men who seemed to be devoid of all principle, and when placed in positions of trust could not resist the temptation to convert money entrusted to him by fears for this was the second time he had done it. If the magistrates had chosen to commit the prisoner to the Supreme Court he would have received a heavier sentence than it was in their power to impose. As it was, the prisoner would be sentenced to two years' imprisonment with hard labour.
Source: CITY POLICE COURT. (1875, January 15). The Mercury, Hobart p. 2.
Link: https://nla.gov.au/nla.news-article8934680

Garforth's Court and Prison Records 1865-1878
Name:Garford, Charles
Record Type:Convicts
Also known as:Pollock, John
Ship:Antipodes
Remarks: Free to colony. Tried Hobart Oct 1865
Index number:80430
Record ID:NAME_INDEXES:1394413
Archives Office of Tasmania
Link: https://stors.tas.gov.au/CON37-1-10$init=CON37-1-10p273
Link: https://stors.tas.gov.au/CON94-1-1

ALIAS 1865 John Pollock
Link: https://stors.tas.gov.au/CON37-1-10$init=CON37-1-10P273
Link: https://stors.tas.gov.au/CON94-1-1$init=CON94-1-1P338
Link: https://stors.tas.gov.au/CON94-1-1$init=CON94-1-1P339



Recorded as John Pollock, alias Charles Garforth
Source: Archives Office of Tasmania
Link:https://stors.tas.gov.au/CON37-1-10$init=CON37-1-10p273



Source: Archives Office of Tasmania
Link: https://stors.tas.gov.au/CON94-1-1 Image 338, p. 157

Charles Garforth, the name used as his real name by police in later convictions,is listed as his alias here, and John Pollock is the name under which he was sentenced to 4 years for larceny on 24 October 1865, per ship Antipodes, and sent to Port Arthur, arriving there on 10 November 1865. This is an error corrected in red ink: although John Pollock is still listed as his name, and Charles Garforth as his alias, the note in red states he was free to to the colony. The note also states he was discharged to the private service of Mr. Will Todd.

1873: 8 years for housebreaking
Court Records
Archives Office of Tasmania
Link: https://stors.tas.gov.au/SC32-1-9$init=SC32-1-9P184
Link: https://stors.tas.gov.au/AB693-1-1$init=AB693-1-1_103
Link: https://stors.tas.gov.au/SC32-1-9$init=SC32-1-9P185
Imprisoned for 8 years
Garfoot, Charles
Record Type: Court
Status: Free by servitude
Trial date: 18 Feb 1873
Place of trial: Hobart
Offense: Housebreaking and larceny
Verdict: Guilty
Prosecutions Project ID: 113654
Record ID: NAME_INDEXES:1521254
Resource: AB693-1-1 1873
SC32-1-9 Image 163
SC32-1-9 Image 164
The Prosecutions Project



Police gazette, 28th January to 3rd February 1873: Charles Garfoot, free in service, was sentenced to 8 years imprisonment for housebreaking.



1875: Garforth alias Pollock

REPORTS OF CRIME
8 January 1875
WARRANTS ISSUED, AND NOW IN THIS OFFICE.

HOBART TOWN.—On the 8th instant, by William Tarleton, Esquire, J.P., for the arrest of Charles J. Garforth, alias Pollock, charged with having, on or about the 4th instant at Hobart Town, fraudulently embezzled the sum of twelve pounds fourteen shillings and four pence, the property of the Tasmanian Government.

Description. About 45 years of age, 5 feet 9 inches, high, dark eyes, dark hair, black grizzly whiskers, thin features, smart appearance, a clerk. Formerly employed as constable and clerk at Port Arthur, and lately as clerk at Cascades, a Yorkshireman.
Source: POL 709/1, Archives Office of Tasmania

So what happened next? Did Garforth carry out his threat to make Boyd pay dearly?
Charles Garforth/Garfitt was discharged from the Hobart Gaol on 28 August 1878. Two years later, on 14 December 1880, he was tried again at the Supreme Court Hobart for breaking and entering a dwelling. He was discharged from the Hobart Gaol on 12 December 1885. Presumably, his threat to make A. H. Boyd pay dearly for a betrayal of trust as he saw it, which sentenced him to two years' hard labour in 1875 on Boyd's testimony, did not eventuate, at least not in the public domain. Charles Garforth was certainly not the first to express hatred of A. H. Boyd, nor indeed the last. A. H. Boyd was despised by the public throughout his career - as administrator of the Orphan School where he was dismissed for misogyny (1864), as Commandant of the Port Arthur Penitentiary where he was forced to resign for embezzlement of Public Works funds (1873), and as a short-lived administrator of the Cascades Asylum for Paupers where he was again reviled by staff and feared by inmates (1875-1877) - evidence of which proliferates in Parliamentary Papers seeking his dismissal, and in newspaper articles of the day decrying his bullying of staff and misuse of public funds. He died while drunk in a fall from his horse at Franklin (1827-1891). But he lived on the hopes of his descendants who wished to bring him up from history smelling of roses in the 1980s with an "artist photographer" attribution of the so-called "convict portraits, Port Arthur" (NLA ). Those original mugshots were correctly recognized and authenticated, of course, as the work of government contractor Thomas J. Nevin until Boyd's apologists sought his redemption. No photographs by A. H. Boyd are known or extant: he did NOT photograph prisoners, nor indeed anyone or anything in any other genre (Kerr & Stilwell, 1995).

Marriage and children

1861: arrival of Mary Ann Larken (var. Larkens, Larking)
Mary Ann Larking arrived at Hobart, Tasmania on 26 October 1861 on board the bounty ship Antipodes with 102 other female immigrants. She married Charles Garforth in June 1862.

Bounty ship Antipodes 1861

Arrival of 103 female immigrants on the Antipodes
Mercury Monday 21 October 1861, page 2

TRANSCRIPT
SHIPPING.
ARRIVED.
October 19.-Antipodes, barque, 593 tons, G. Croot, from London, the 11th July, with general cargo. Cabin passengers, - Mrs. Croot, Capt. Harries, Mr. Dinham, M.R.C.S., and 103 female immigrants in the intermediate and steerage. Agent, McNaughtan and Co.



Name: Larking, Mary Ann
Record Type: Arrivals
Arrival date: 26 Oct 1861
Ship: Antipodes
Record ID: NAME_INDEXES:1469883
Resource: CB7/12/1/10 p201-202
Archives Office of Tasmania
Link: https://stors.tas.gov.au/37508688-5c26-45f0-ab79-10426a040992

1862: Marriage to Mary Ann Larken (var. Larkens, Larking)
Charles Garforth was 32 years old, a bachelor and a policeman when he married 22 year old bounty immigrant Mary Ann Larken at New Town on 26 June 1862.



Garforth, Charles John
Record Type: Marriages
Gender: Male
Age: 32
Spouse: Larken, Mary Ann
Gender: Female
Age: 22
Date of marriage: 26 Jun 1862
Registered: Hobart
Registration year: 1862
Record ID: NAME_INDEXES:862131
Resource: RGD37/1/21 no 216
Archives Office Tasmania
Link: https://stors.tas.gov.au/RGD37-1-21$init=RGD37-1-21P122

1862: birth of daughter Mira
Charles Garforth's occupation was listed as seaman when the birth of this child, Mira Catherine, was registered by a friend in September 1862.

.

Name: Garforth, Mira Catherine
Record Type: Births
Gender: Female
Father: Garforth, Charles
Mother: Larkins, Mary
Date of birth: 10 Sep 1862
Registered: Hobart
Registration year: 1862
Record ID: NAME_INDEXES:966964
Resource: RGD33/1/8 no 5444
Archives Office Tasmania
Link: https://stors.tas.gov.au/RGD33-1-8$init=RGD33-1-8-P270J2K

1864: birth of son John
Charles Garforth was listed as a mariner of Warwick St Hobart when his son John Garforth was born on 9 October 1864.



Garforth, John Edward
Record Type: Births
Gender: Male
Father: Garforth, Charles John
Mother: Mary, Ann
Date of birth: 09 Oct 1864
Registered: Hobart
Registration year: 1864
Record ID: NAME_INDEXES:1064763
Resource: RGD32/1/4 no 5878
Source: Archives Office of Tasmania
Link: https://stors.tas.gov.au/RGD32-1-4$init=RGD32-1-4P44

1866: son and daughter admitted to Orphan School
A daughter Catherine Garforth (b. 10 Dec. 1863), and a son John Garforth (b. 9 October 1864), were admitted to the Queens Orphan Schoool on 1 st June 1866, application made by their mother Mary Ann Garforth, address Goodwin Court, Molle St. Hobart.



Garforth, Catherine
Garforth, John
Record Type: Health & Welfare
Description: Application for admission 1 June 1866; father Charles Garforth or Pollock, mother Mary Ann Larkins
Property: Queen's Orphan School
Record ID:NAME_INDEXES:1473490
Resource:SWD26/1/9 Image 291 (5 pages)
Source: Archives Office of Tasmania
Link: https://stors.tas.gov.au/SWD26-1-9$init=SWD26-1-9P292

1871: unnamed female birth
An unnamed female child was born to the couple and registered on 24 March 1871. Charles Garforth's occupation was listed as constable, Port Arthur. The birth was registered by an aunt of the child, Isabella Downes.



Garforth, Given Name Not Recorded
Record Type: Births
Gender: Female
Father: Garforth, Charles
Mother: Larkin, Mary Ann
Date of birth: 15 Feb 1871
Registered: Tasman
Registration year: 1871
Record ID: NAME_INDEXES:931332
Resource: RGD33/1/49 no 1668
Source: Archives Office of Tasmania
Link: https://stors.tas.gov.au/83ba670a-ee45-42df-9cfb-1d5455204a8e

1873: unnamed male birth
An unnamed male child was born to the couple while still working at Port Arthur as a clerk.



Garforth, Given Name Not Recorded
Record Type: Births
Gender: Male
Father: Garforth, Charles John
Mother: Larkin, Mary Ann
Date of birth: 20 May 1873
Registered: Tasman
Registration year: 1873 Record ID: NAME_INDEXES:942719
Resource: RGD33/1/51 no 1729
Source: Archives Office of Tasmania
Link: https://stors.tas.gov.au/a85d62fc-191e-472c-9a09-20319cd8e076

1875: son John admitted to Boy's Home
A son, John Edward Garforth, was born to Charles Garforth and Mary Ann Larken [sic] on 9 October 1864. In 1875, the ten year old child was admitted to the Kennerly Boys Home because his father, 44 years old, was serving a two year prison term for larceny. The child was discharged to his mother on 1st September 1876.



Archives Office Tasmania
Garforth, John Edward
Record Type: Health & Welfare
Age: 10 years, 4 months
Father: Garforth, Charles John Mother: Garforth, Mary Ann
Father occupation: Steward
Property: Kennerley Boys Home
Admission dates: 05 Feb 1875
File number: 50
Record ID: NAME_INDEXES:1777095
Resource: NS6493-1-1_052
Source: Archives Office of Tasmania
Link: https://stors.tas.gov.au/NS6493-1-1$init=NS6493-1-1_052

1875: birth of Lucy
Lucy was born in April, three months after her father was imprisoned in January 1875. His occupation was listed as clerk. 



Name: Garforth, Lucy Henrietta
Record Type: Births
Gender: Female
Father: Garforth, Charles John
Mother: Mary, Ann
Date of birth: 12 Apr 1875
Registered: Hobart
Registration year: 1875 Record ID: NAME_INDEXES:976728
Resource: RGD33/1/11/ no 1132
Archives Office of Tasmania
Link: https://stors.tas.gov.au/RGD33-1-11$init=RGD33-1-11-P611

1875: Mary Ann Garforth and Richard Kirby
With her husband Charles Garforth serving two years at the Hobart Gaol, sentenced in January 1875, his wife Mary Ann Garforth  was residing at Elphinstone Street, Hobart by August 1875 in a house with garden, stores, sheds and stables owned and occupied by Richard Kirby. Charles Garforth was released with remission of his two year sentence on 13 November 1876. On 14 December 1880 he was tried again at the Supreme Court Hobart for breaking and entering a dwelling.  He was discharged from the Hobart Gaol on 12 December 1885.



Source: TASMANIA. LEGISLATIVE COUNCIL.
VALUATION OF PROPERTY. HOBART TOWN AND LAUNCESTON.
REPORT OF THE COMMISSIONERS.
Laid upon the Table by Mr. Chapman, and ordered by the Council to be printed, August 10, 1875.
Source: Parliament of Tasmania
Link: https://www.parliament.tas.gov.au/__data/assets/pdf_file/0023/36149/lc1875pp43.pdf


RELATED POSTS main weblog

In a party mood: prisoner Michael LYNCH (as Horrigan, Harrigan or Sullivan), Christmas Eve, December 24th 1881

Indecent assault charges under the Act of 1863
Court martial with transportation and DD branding

Sixty-five (65) year old cook, Michael Horrigan (or Lynch, Harrigan and Sullivan), transported as Michael Lynch per Waverley (1) in 1841, was feeling festive on Christmas Eve, 24th December 1881. He celebrated by breaking into the residence of Alexander Denholm junior at Forcett, south-east of Hobart near Sorell, helping himself to a gold watch and some very fancy clothes. In a party mood, and probably dressed to the nines in Denholm's tweeds, he then sought out and made amorous sexual advances to Robert Freeman.



Prisoner Michael LYNCH alias HORRIGAN, HARRIGAN and SULLIVAN
Photographer: Thomas J. Nevin (1842-1923)
Date and Place: Hobart Supreme Court March 1882
Black and white copy of sepia print printed in cdv mount
Verso indicates alias, crime, date of transportation, photo or archival no. 466 etc
QVM:1985:P:89, QVMAG Collection, Launceston, Tasmania

This prisoner's proper or real name was Michael LYNCH alias Horrigan and Sullivan, according to the police gazette notice on his arraignment at the Supreme Court Hobart, 7 March 1882. The archivist who wrote his name on the verso on this black and white copy used the later spelling of the alias "Harrigan" which was recorded by the police gazette notices of 1884 and 1885.



Verso inscription:
"Michael Horrigan or Sullivan -
F. S. [Free by servitude]
Waverly (Irish) 13.8.41.
12 Months
466"
Ref: QVM:1985:P:89
Queen Victoria Museum and Art Gallery, Launceston, Tasmania.
Earlier accession numbering (at top of verso) shows the date 1958.

This police photograph was numbered "466" when inscribed verso, either by police for inclusion in the Hobart Gaol Photo Book and criminal rap sheet in 1882 on the prisoner's incarceration, or by later archivists at the Queen Victoria Museum and Art Gallery on accession from the Beattie Collection for exhibition at various dates and venues between 1934 and 1983. This black and white copy was made at the QVMAG in 1985 from the sepia original for reasons best known only to the QVMAG.

The complainants, December 1881
Michael Lynch raided Alexander Denholm jnr's dressing room on Christmas Eve 1881 to steal his fine clothes, gold watch and fob chain. Denholm appears to have been an easy target. He published warnings to trespassers in the press warning them he had laid poison at his property, Woodside, Forcett.



Andrew Denholm, warning to trespassers
Notice in Mercury, 2 Sept 1882

Alexander Denholm had interests in the importation of agricultural machinery. He was also the licensee of the White Hart Hotel at Bothwell by 1884.



Andrew Denholm
Agricultural equipment brought into Sorell
Notice in Mercury 20 January 1880.

Who was Robert Freeman, the other complainant with a case against Michael Horrigan/Lynch? He brought charges of indecent assault resulting in a 12 month sentence against Horrigan. Robert Freeman's name was recorded in the Supreme Court Rough Calendar at Horrigan/Lynch's trial on 7 March 1882 but nothing was published in the press which named him as the victim of Horrigan's assault on December 24, 1881. He may have been a local Sorell lad, 21 years old, son of a labourer, who died in 1883 of a chronic abscess. If so, he would have been 19 years old at the time of Horrigan's intent to commit a homosexual act. Such acts were deemed illegal and incarceration or even death were  the only outcomes for the offender.



Deaths in the district of Sorell 1883
20 May, 1883 - Robert Freeman, 21 yrs old, son of labourer, chronic abscess
Archives Office of Tasmania Names Index RGD35-1-52P189

The Act to consolidate and amend the Legislative Enactments relating to Offences against the Person. [31 July, 1863] was presumably the Act under which Michael Horrigan/Lynch was charged. It  stipulated severe punishments ranging from death, imprisonment for life, and imprisonment for ten years, dependent on proof of complete penetration of the [male] person. It appears, therefore, that insufficient proof was mustered against Michael Horrigan/Lynch at trial in the Supreme Court, Hobart, on 7 March 1882 to warrant a severe sentence for indecent assault. He got off with a light sentence of 12 months' incarceration at the Hobart Gaol on the grounds of "intent".

An Act To Consolidate And Amend The Legislative Enactments Relating To Offences Against The Person (27 Vic, No 5) 31 July, 1863

Unnatural Offences .

Sodomy.
59 Whosoever shall be convicted of the abominable crime of Buggery, committed either with mankind or with any animal, shall suffer Death as a Felon.

Attempt to commit an infamous crime.
60 Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, shall be guilty of Felony, and being convicted thereof shall be liable to be imprisoned for Life.

Indecent assault upon a male person.
61 Whosoever shall be convicted of any indecent assault upon any male person shall be liable to be imprisoned for Ten years.

27° VICTORIlE. No 5. 43
Carnal knowledge defined.
62 Whenever, upon the trial of any offence punishable under Carnal knowledge of this Act, it may be necessary to prove carnal knowledge, it shall not be defined necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only.

READ the FULL ACT here {pdf}
An Act To Consolidate And Amend The Legislative Enactments Relating To Offences Against The Person (27 Vic, No 5) Austlii Database.

The revised NSW Crimes Act No. 40 of 1900, items 79-81, still maintained severe penalties for indecent assault on a male. Under this Act the offense committed by Michael Horrigan would have incurred a sentence of five years:
Indecent assault on male
81. Whosoever commits an indecent assault upon a male person of whatever age, with or without consent of such person, shall be liable to penal servitude for five years.


Act No. 40, 1900.
An Act to consolidate the Statutes relating to Criminal Law. [31st October, 1900.]
Link: https://legislation.nsw.gov.au/view/pdf/asmade/act-1900-40

ASSAULT as ENTERTAINMENT on Christmas Eve
Horrigan's assault on Robert Freeman might have escaped the notice of the press but the Hull-Calder contretemps certainly did not. It was reported with relish on Christmas Eve, Saturday, the 24th December 1881, by the Hobart Mercury and Launceston Examiner. They rose to the occasion with a thrilling account of the assault between two gentlemen of the highest standing in Hobart society: Hugh Munro Hull and James Eerskine Calder.

EXTRACT
TASMANIA. (FROM OUR OWN CORRESPONDENTS.) HOBART, Dec. 23. At the Police Court, before Mr Tarleton, P.M., and Mr W. P. Green, J.P., Mr H. M. Hull charged Mr J. E. Calder with having unlawfully assaulted and beaten him on the 12th inst. Mr Calder pleaded not guilty, Mr Bromby appearing for him. Mr Hull deposed that on the day named, at about ten o'clock in the morning, he was proceeding to his office, when he was met by the defendant, who walked up hurriedly, and said, " Are you the writer of the letter in the Launceston Examiner signed 'Older Chum ?' " I retorted by asking him if he was the writer of the letter in the same paper reflecting upon me. Instead of replying to me he said, "I'll teach you; there, take that," and dealt me a violent blow on the side of the head with his open right hand ; I felt stunned for a moment by the violence of the blow; when I recovered I did not return the blow, as I thought it unseemly for an old magistrate of five-and-twenty years' standing to be seen fighting in the public street with a man twice his size; I told him I should summon him for assault, when he came towards me as if to repeat the blow, at the same time calling out something which I was too deafened by the blow I had received to hear distinctly; etc etc
Read the rest of this story here:
CITY POLICE COURT. (1881, December 24). The Mercury (Hobart, Tas. : 1860 - 1954), p. 3.
Link: https://nla.gov.au/nla.news-article9003832
TASMANIA. (1881, December 24). Launceston Examiner (Tas. : 1842 - 1899), p. 2.
Link: https://nla.gov.au/nla.news-article38229710

Ten years ago ....
Almost to the day, 10 years previously - Wednesday 31st January 1872 - was a memorable day for Thomas J. Nevin when he photographed these two men among a group of visiting colonists and dignitaries during an excursion to Adventure Bay on board the steamer City of Hobart. His commission to cover the day's events was initiated by townsman John Woodcock Graves (the younger).



One of several captures by T. Nevin of the VIP group relaxing on shore at Adventure Bay, 31st January 1872. The man laughing, sitting between the Hon. Alfred Kennerley (lower left) and Sir John O'Shanassy, is Hugh Munro Hull, Parliamentary librarian. He seems to have appreciated comments coming from Nevin at the point of capture, while Sir John O'Shanassy (with stick), reads on, oblivious. The figure running into the scene at centre is John Woodcock Graves (the younger), organiser of the excursion.

T. Nevin's blindstamp impress is on the mount at centre. This stereo is badly water-damaged.
It is held at the Tasmanian Museum and Art Gallery, Ref: Q1994.56.24.
Photo taken at TMAG 10th November 2014
Photo copyright © KLW NFC 2014 ARR



Visitors' photographs on hand ready for sale
The Colonists' Trip to Adventure Bay
Thomas Nevin's advertisement, Mercury 2nd February 1872



This image was printed by Nevin from his negative both as a stereograph in a buff oval mount and as the carte-de-visite, the latter labelled verso with his most common commercial studio stamp. The figure of the Hon. James Erskine Calder is visible leaning into the frame on lower right. The proud owner of these photographs, Nevin's teenage admirer and eldest daughter of John Woodcock Graves the younger - Jean Porthouse Graves - is indicated by an ink mark, and so is the man in the white summer hat who is leaning on top of a man-made stone structure, perhaps Lukin Boyes, son of artist and administrator G.T.W. Boyes. Surname and initial appearing to be "L Boyes" is written on verso.



Verso inscriptions include these identifiable figures at the "Picnic":
Father = John Woodcock Graves jnr,
Sir John O'Shanassy = former Premier of Victoria,
Self = Jean Porthouse Graves, daughter of John W. Graves,
L. Boyes = Lukin Boyes (?), son of G.T. W. Boyes

From an album compiled by the families of John Woodcock Graves jnr and R. Byron Miller
Private Collection © KLW NFC Imprint 2015


Horrigan/Lynch: Supreme Court Record 1882

ROUGH CALENDAR (Supreme Court Hobart, 1882)



Michael Horrigan aka Harrigan and Sullivan, transported as Michael Lynch
Sentenced on 7th March 1882 to 12 months for indecent assault (homosexual act)
Supreme Court Rough Calendar Ref: GD70-1-1
Archives Office Tasmania

TRANSCRIPT
ROUGH CALENDAR [Supreme Court Hobart ]

Name and Age
Harrigan, Michael alias Sullivan alias Lynch
Committed
7.1.82
Received
10.1.82
Age 68 - 65

Number and Ship
Waverley (1) (ticked)

Original Sentence
(double ticked)

Condition & Date
F.S [free in servitude]

Plea
N.G. [not guilty]

Before whom Tried
C. J. [Chief Justice]
7/3/82

What Committed for
For that the said Michael Horrigan as Sullivan as Lynch did at Belmont in the Municipality of Sorell in this colony of Tasmania on the 24 Day of December 1881, unlawfully assault one Robert Freeman with intent feloniously, wickedly, and against the order of nature to carnally know the Robert Freeman, and perpetrate the abominable crime of Buggery.

For that the said Michael Horrigan as Sullivan as Lynch did at Forcett in Tasmania 1881 feloniously break and enter the dwelling house of Alexander Denholm Jnr there situate and then and there did feloniously steal take and carry away 1 Dark Blue Albert Coat, 1 Black Paget coat, 1 pair Tweed Trousers, 2 Tweed Vests, 1 Gold Watch and 1 Gold Albert Guard of the goods and chattels of Albert Denholm Junior of Forcett aforesaid

What Indicted for
Same

Result of Trial
Found Guilty of Indecent Assault

Sentence and Date
12 Months Imprisonment 7/3/82

Police Gazette Records

1879
On the 6 September 1879, Michael Lynch was arrested as Michael Sullivan and sentenced at the Police Office Glenorchy to six months for larceny. See this conduct record listed under the name Michael LYNCH. https://stors.tas.gov.au/CON33-1-12$init=CON33-1-12P181

1881
Details of the robbery at Andrew Denholm's property with description of suspect:



TRANSCRIPT
SORELL MUNICIPALITY
HOUSEBREAKING
BETWEEN 1 and 7 pm on the 24th instant the dwelling of Alexander Debnholm at Forcett was feloniously broken and entered, and the following propeerty stolen therefrom : - 1 blue fashionable coat; 1 black Paget coat, both nearly new; 1 pair light tweed trousers; 2 ditto vests; the property of Alexander Denholm, jun. 1 gold watch, No. 55738, W. H. Hill  & Sons makers; 1 gold twist Albert guard, with plain gold bar, value £20; the property of and identifiable by Robert Buchanan. A man of the following description is suspected: - 55 years of age, 5 feet 10 or 11 inches high, dark complexion, dark to grey hair inclined to curl, dark to grey whiskers, shaved on chin, medium build, supposed Irish, stated he was a cook; dressed in clean white mole trousers, straw hat, black pilot or saque coat; carried an untanned opossum-skin rug, a white bundle, and a red bundle. Supposed to have gone towards Clarence or Richmond.
Source: VOL. XX. FRIDAY, DECEMBER 30, 1881. No. 1171.
Tasmania Reports of Crime for Police Information Only, J. Barnard Govd't printer.



TRANSCRIPT
Vide Crime Report,1881, page 205
Denholm's robbery - Michael Horrigan, alias Sullivan, alias Lynch, has been arrested by Supt Anderson, of the Sorell Municicpal Police, and charged with the offence. None of the property has been recovered.
Source: VOL. XXI. FRIDAY, JANUARY 6, 1882. No. 1172.
Tasmania Reports of Crime for Police Information Only, J. Barnard Govd't printer.

1882
In March 1882 Michael Horrigan, proper name Lynch as Sullivan was 65 years old when arraigned for indecent assault and sentenced to 12 months' imprisonment at the Hobart Gaol.



Horrigan, Michael, proper name Lynch, as Sullivan , 65 years old, ship Waverley 1, F. S. Indecent assault 12 months. He was discharged on 5 February 1883.
See this record: https://stors.tas.gov.au/CON33-1-12$init=CON33-1-12P181

1884


No. of Authority 117
Michael Harrigan [sic] per Waverly spent a month from 16 June 1884 to 10 July 1884 as a pauper at the Invalid Depot in Hobart.

Source: Tasmania Reports of Crime for Police, J. Barnard Govd't printer

1885


Source: Tasmania Reports of Crime for Police, J. Barnard Govd't printer

Employed as a cook in Hobart, Michael Harrigan [sic] , native of  Ireland, 71 years old, 5 ft 10 inches tall, was convicted of larceny at New Norfolk (north of Hobart) on 4th February 1885. Because of his various aliases, his prior convictions probably eluded the police gazetteer and were not recorded. He died at the New Town Charitable Institute, Hobart, on 3 May 1894 and was buried as Michael Horrigan, cook, 83 years old. The Archives Office of Tasmania holds his death record at : - https://stors.tas.gov.au/RGD35-1-14p136j2k

Transportation Records



Details on this record show Michael Lynch was single, could read, his religion was Roman Catholic, and had one brother James living in London, and two sisters Johanna and May. Desertion and branding DD. The Archives Office of Tasmania holds this record at : - https://stors.tas.gov.au/CON14-1-9$init=CON14-1-9P33



Records show that Michael Lynch, born ca. 1816 at Cork, Ireland, had served 4 years with the 22nd Regiment when he deserted for nine days. He was court martialled at Dublin on 10 September 1840 and transported for fourteen years on the Waverley 1, departing Kingston, Ireland on 25 April 1841, arriving via Bahia after 140 days at sea, at Hobart on 12 September 1841 with 176 male convicts on board. He was sent to the Longford Probate Station, Tasmania, to serve 18 months with pastoralist Edward Archer. See this appropriation record: https://stors.tas.gov.au/NI/1413162



Physical description details on this record (many are illegible) include - :
Laborer, 5'9", 23 years old, fresh complexion. oval head, black hair, no whiskers, medium height forehead, black eyebrows, brown eyes, long nose, medium mouth, medium chin, native place Cork. Remarks: Pockpelles [?] has been a soldier branded DD on left side Crown flag harp and crown bugle 22 Reg't FR 7 stars half moon JHS? on ? right arm and hand 2 rings on fingers right hand cross Nil? Sun PW N? on left arm and hand. See this record:  https://stors.tas.gov.au/CON18-1-29P35

Branded "DD" for desertion
Michael Lynch was branded DD, court martialled as a deserter from the 22nd Regiment. When another prisoner, James Brady was discharged in late January 1874 with the residue of his sentence remitted, the police gazette ( p. 16 January 1874) noted that that he was Free to the Colony (FC) and that he was tattooed with the letter "D" on his left breast: he was a military deserter, one of several prisoners bearing the deserter tattoo who were photographed by Thomas J. Nevin, including prisoner Denis Doherty, made famous by Anthony Trollope's visit to the Port Arthur prison in 1872.



Mark of a Deserter (Army Medical Services Museum), in Chapter 3 of Hilton, P J 2010 ,
"Branded D on the left side" : a study of former soldiers and marines transported to Van Diemen's Land: 1804-1854
PhD thesis, University of Tasmania:
Link: https://eprints.utas.edu.au/17678/2/Hilton_Thesis.pdf



Barnard, Simon Convict tattoos : marked men and women of Australia.
Melbourne, Vic. The Text Publishing Company, 2016.
Website: https://www.simonbarnard.com.au/product/convict-tattoos/

RELATED POSTS main weblog

Prisoner Thomas ARCHER alias Thomas SMITH or James SMITH 1875

PRISONERS named "James SMITH" and ALIASES
PRISONER IDENTIFICATION PHOTOGRAPHS by T. J. NEVIN
REDUNDANCIES and ERRORS in PUBLIC ARCHIVES

Thomas ARCHER alias Thomas SMITH or James SMITH
Two copies of this one image of a prisoner identified on numerous transportation, gaol and police records as Thomas Archer, alias Thomas Smith or James Smith, are extant in public collections. All three names are associated with the prison ships John Calvin (to NSW) and Tory (from Norfolk Island to Hobart, VDL). Whether the prisoner in this image was known to the police administration as Thomas Archer alias Thomas Smith or James Smith, he was photographed just once at the Hobart Gaol in July 1875. His image was produced at the one and only sitting with government contracted photographer Thomas J. Nevin from his glass negative, and duplicated for police records. One of these copies, most likely the copy held at the Archives Office of Tasmania, was reproduced for print publication or exhibition in the 20th century.

Tasmanian Museum and Art Gallery copy



Prisoner: Thomas ARCHER alias Thomas SMITH
Photographer: Thomas J. Nevin, July 1875
Location: Hobart House of Corrections (Hobart Gaol)
TMAG Ref: Q15583

Number on recto: this mugshot of prisoner identified as Thomas Smith was mounted as a carte-de-visite when first printed in 1874-75, but it was numbered "43" on the recto when it was removed from the John Watt Beattie Collection at the Queen Victoria Museum and Art Gallery, Launceston in 1983 for an exhibition at the Port Arthur prison heritage site on the Tasman Peninsula. It was not returned to the Beattie Collection at the QVMAG in Launceston, as it should have been, it was deposited instead at the Tasmanian Museum and Art Gallery, Hobart (TMAG), along with at least fifty (50) more cdvs of prisoners similarly numbered. The original photographs of these men were taken by professional photographer Thomas J. Nevin in the 1870s on contract for daily use by police and prisons administration. The QVMAG list (2005) showed a total of 199 mugshots, but only 72 were physically held at the QVMAG when the list was devised. At least 127 mugshots were missing by 2005.



Verso. Prisoner: Thomas ARCHER alias Thomas SMITH
Photographer: Thomas J. Nevin, July 1875
Location: Hobart House of Corrections (Hobart Gaol)
TMAG Ref: Q15583

Number on verso: this cdv was numbered "153" on the verso much earlier, in the early 1900s when it was removed from the Hobart Gaol and Municipal Police Office registry and inscribed verso by Beattie et al with the wording "Taken at Port Arthur 1874" along with more than a hundred of these original mugshots taken by government contractor T. J. Nevin in the 1870s. J. W. Beattie, as the government photographer by 1900 who was contracted to promote Tasmania's penal heritage, sent this mugshot of James Smith or Thomas Archer alias Smith - among many dozens more - for inclusion in travelling exhibitions associated with the fake convict hulk Success at Sydney, Melbourne, Hobart and Adelaide. On Beattie's death in 1930, the QVMAG acquired this travelling set of Tasmanian mugshots, removed each from the cardboard to which they were pasted, and exhibited them in 1934 at Launceston as part of the estate of John Watt Beattie's convictaria collection.

The Archives Office of Tasmania copy
This copy of the photograph taken from the one capture at a single sitting by Thomas J. Nevin of the prisoner Thomas Archer, alias Thomas Smith is held at the Archives Office of Tasmania with the name of James Smith. The slight vertical dark mark at the edge of the oval mount at right suggests it was coupled next to another image or object when reproduced, not in the 1870s when police used duplicates from Nevin's single glass negative for their Photo Books and the Gaol's blue rap sheets, but decades later.



LINC Tasmania APA citation: “James Smith, Convict transported per John Calvin.
Photograph taken at Port Arthur by Thomas Nevin.”

Prisoner James Smith per ships Calvin (to Norfolk Island) and Tory to (VDL)
Photographer: Thomas J. Nevin, Hobart Gaol, December 1874
Archives Office Tasmania Ref: 30/3256

Trials and sentences from 1855 to 1884
In the Remarks column of this record (below) which documents the prisoner transported as Thomas Archer but later convicted as Thomas Smith, is the note:
For former history vide Thomas Archer per John Calvin
After his arrival in Van Diemen's Land in September 1846, and at the termination of his initial sentence of ten years, Thomas Archer as Smith was regularly incarcerated for periods of eight or ten years for burglary and larceny. This record document records his trials and sentences between 1855 and 1884.

Thomas Archer as Smith was imprisoned and released from 1855 to 1859 at the Prisoners Barracks and Port Arthur, and then tried as Thomas Smith at the Supreme Court, Hobart on 23 July 1862 for burglary, sentenced to eight (8) years. The Judge at trial advised the prisoner should serve the full sentence.

As soon as Thomas Archer as Smith was released, he was arrested again and tried at the Supreme Court Hobart on 6th July 1869 for housebreaking and larceny. He was sentenced to another eight (8) years imprisonment.

The Governor in Council remitted the residue of Thomas Archer alias Smith's sentence on 19th July 1875.  He was released to freedom on 24th July 1875 from the House of Corrections, Campbell St. Hobart. Government contractor Thomas J. Nevin photographed Thomas Archer alias Thomas Smith between the 19th and 24th July 1875 as soon as Archer's sentence was remitted.

It seems June and July were Thomas Archer's preferred time of the year for his chosen criminal vocation - burglary. Less than a year after release to freedom in July 1875, he was tried again at the Supreme Court Hobart, on 8th June 1876 for burglary and larceny and sentenced to ten (10) years imprisonment.

Once more released to freedom, he was tried at the Supreme Court Hobart nine years later, on 25 March 1884 for burglary and sentenced to another 10 (ten) years imprisonment.



Remarks on this record :
For former history vide Thomas Archer per John Calvin
Prisoner Thomas ARCHER alias Thomas SMITH
Archives Office of Tasmania
Link: https://stors.tas.gov.au/CON37-1-8$init=CON37-1-8P434

Transportation and Port Arthur records
Names: Smith, Thomas
Record Type: Convicts
Employer: Degraves, Charles: 1854
Additional identifier: 2
Departure date: 9 May 1846
Departure port: Woolwich
Ship: John Calvin
Voyage number: 371
Remarks: Off Norfolk Island per Tory Jun 1847
Index number: 66197
Record ID: NAME_INDEXES:1436039
Conduct Record: CON33/1/88
Employment: CON30/1/2 Page 330
Indent: CON14/1/37 Page 162

Name: Archer, Thomas
Record Type: Convicts
Also known as: Smith, Thomas
Departure date: 9 May 1846
Departure port: Woolwich
Ship: John Calvin
Voyage number: 371
Remarks: Off Norfolk Island per Tory Jun 1847
Index number:1327
Record ID: NAME_INDEXES:1369338
Conduct Record: CON33/1/88
CON37/1/8 Page 2837
CON94/1/1 Page 316
CON94/1/1 Page 316 (cont.)
CON94/1/2 Page 33
Indent: CON14/1/37 Page 124
CON14/1/37 Page 125 (cont.)



Prisoner Thomas ARCHER alias Thomas SMITH
Archives Office of Tasmania
Link: https://stors.tas.gov.au/CON33-1-88$init=CON33-1-88P3



Prisoner Thomas ARCHER alias Thomas SMITH per John Calvin
Archives Office of Tasmania
Link: https://stors.tas.gov.au/CON94-1-2$init=CON94-1-2p65

This record of Thomas Archer's earnings is transcribed with the note:
"Discharged to Freedom 23 July 1875"

POLICE GAZETTE RECORDS
The police gazette records which list a prisoner's place of discharge from "Port Arthur" are misleading. On this discharge notice, for example, Thomas ARCHER as Thomas Smith per John Calvin was listed second from top as released from Hobart Town in the week ending 28th July 1875, no physical details provided, Free in Servitude, received from Port Arthur. Further down on the same list, third from bottom,  he is recorded again as released from Port Arthur, native place Essex. The gaol book gives more detail: he was granted a remit of sentence on the 19th July 1875 by the Governor in Council, and released to freedom on 24th July from the House of Corrections (Hobart Gaol), Campbell Street, Hobart (see record above - CON37-1-8 Image 434)



Prisoner Thomas Archer alias Thomas Smith was photographed and discharged from the Hobart Gaol in the week ending 28 July 1875.
Source: Tasmania Information  for Police (weekly police gazette).

Addenda
Errors made by the 19th century administration which recorded the prisoner's first convictions; errors made by archivists cataloguing those same documents decades or even centuries later; the inevitability of aliases used by any convicted criminal who claims to have been born with the name "James Smith" - all these pitfalls return the sorts of confusions which a researcher seeking the history of family members long dead may well pursue to the end of their days, but which a frustrated researcher may well ask - "Is it really worth it?" For example: - 

1. WHO WAS THIS JAMES SMITH?
This James Smith who was sentenced to 12 months for perjury in December 1874 could not have been the same James Smith who was not released to freedom until July 1875, yet these two records are conflated as if there was just one prisoner called James Smith.
James SMITH: CONDUCT RECORD
Surname Smith Given names James
Colony Van Diemen's Land and Norfolk Island
Sentence term 15
Ship John Calvin
Tried at York Special Assizes
Record extract Convicted at York Special Assizes for a term of 15 years. Gender m

Surname SMITH
Given names James
Ship John Calvin
Departure date 9 May 1846
Arrival in NSW year 1837
Date record 20 Mar 1845
Record summary Certificate of Freedom
Additional information TL 41/945
Citation [4/4397; Reel 1019]
Gender m




This James Smith was employed by Charles Degraves in 1852. The ship on which he arrived at NSW - Norfolk Island - was the John Calvin, then to Hobart on the Tory, arriving June 1847.This James Smith was given permission to marry Mary Haneen on 18 December 1855.

2. IS THIS THE SAME MAN?
Convict Records (held by State Library of Queensland)
John Calvin, 09 May 1846
Link: https://convictrecords.com.au/ships/john-calvin/1846

Thomas Archer, one of 200 convicts transported on the John Calvin, 09 May 1846
Thomas Archer Central Criminal Court
Sentence term: 10 years
Ship: John Calvin
Departure date:9th May, 1846
Arrival date:21st September, 1846
Place of arrival Van Diemen's Land and Norfolk Island

3. IS THIS Thomas ARCHER aka James SMITH?
James Smith, one of 200 convicts transported on the John Calvin, 09 May 1846
York Special Assizes
Sentence term: 15 years
Ship: John Calvin
Departure date: 9th May, 1846
Arrival date: 21st September, 1846
Place of arrival Van Diemen's Land and Norfolk Island
Community Contributions
Anonymous on 15th October, 2011 wrote: James was convicted at York, England on 6 Dec 1845 for robbery - 15 yr transportation sentence. Travelled on the ‘John Calvin’ to Norfolk Island (for 13mths) then to van Diemens Land (Tasmania) on ‘Tory’ arriving 21 Sep 1846. He was assigned to various locations and coal mines and sent to Port Arthur Penal Settlement for assault on a police officer. He received his Ticket of Leave in 1855 and Conditional Pardon in 1857. He married an Irish convict, Mrs. Mary Hanneen (or Hannon) in 1856. (She had 2 children back in Ireland and also an illegitimate child in Tasmania who was subsequently raised as one of the family.) It is known they had at least 4 children. They lived in the Oatlands, midlands of Tasmania and appear to have been highly regarded. He died 86 yrs and is buried in the R.C. section of the Oatlands cemetery.
Link: https://convictrecords.com.au/convicts/smith/james/24345

4. Thomas SMITH or James SMITH?
Thomas Smith, one of 200 convicts transported on the John Calvin, 09 May 1846
Central Criminal Court
Sentence term:15 years
Ship:John Calvin
Departure date: 9th May, 1846
Arrival date:21st September, 1846
Place of arrival Van Diemen's Land and Norfolk Island
Thomas Smith, one of 200 convicts transported on the John Calvin, 09 May 1846
Crime: Robbery with violence
Convicted at:Central Criminal Court
Sentence term: Life
Ship:John Calvin
Departure date: 9th May, 1846
Arrival date: 21st September, 1846
Place of arrival Van Diemen's Land and Norfolk Island
Community Contribution:
Thomas was charged and found guilty at the CCC London on 5 Jan 1846 of obtaining a 10 pound note, using weapons, from Thomas Phillips, Camberwell, London. Found guilty and sentenced to Life transportation. His wife was stated as Mrs. Ann Jones and she said they were married at Towcester, Northamptonshire. It seems "Smith" was not his correct name. (CCC court ref. t18460105-452). Tas Archives Convict record indent also states his proper name is "James Hales". Native place ‘Tochester’- but this may read Towchester. Wife-Ann; Father - Stephen; Brother-Samuel; Sisters -Ann, Lucy. Protestant, could read & write, 5 4 1/4", brown hair, blue eyes.
Married.
Escaped from hulk in Portsmouth. Convict record shows he absconded several times and charged with misconduct. Ticket of Leave 18 June 1861 but later revoked. 4 Mar 1862 listed as absent. Spent time on Norfolk Island and van Diemen’s Land. (Ref. Tasmanian Convict Conduct & Indent records.)
Link: https://convictrecords.com.au/convicts/smith/thomas/27973

5. WHO was this James SMITH ?
This James Smith who was sentenced to 12 months for perjury in December 1874 could not have been the same James Smith who was not released to freedom until July 1875.

1874, December: James Smith, 12 months for perjury

LAW INTELLIGENCE.
SUPREME COURT. CRIMINAL SITTINGS.
SECOND DAY-WEDNESDAY, DECEMBER 2ND, 1874. -
FIRST COURT.
Before His Honor Sir FRANCIS SMITH, Chief Justice.
The ATTORNEY-GENERAL prosecuted on behalf of the Crown.

PERJURY.
James Smith was charged with having, on the 22nd September last, wilfully committed perjury, by giving certain evidence in the case of an information heard against a publican named Henry P. Ryder, and knowing at the same time such evidence to be untrue.

The prisoner conducted his own defence.

It appeared from the evidence that at the hearing of the information against Ryder, on the 22nd September last, the prisoner had made certain statements as a witness in Ryder's behalf. Ryder was charged with having received a watch from one John Fahey as pledge over the bar for drink, in lieu of money. The prisoner had sworn on oath that the watch had been sold by Fahey to Ryder in his (the prisoner's) presence.

Edward Cahill, Council Clerk at New Norfolk, produced the depositions of the prisoner, as given by him in the charge against Ryder, heard before Messrs. Jamieson and Huston, J.s.P., on the 22nd September last.

John Pain deposed to having gone into Ryder's Inn on the day in question, without any money. He asked Ryder for beer, and wanted him to trust him. He saw the prisoner in the bar. He appeared to be drunk. Witness and Ryder went into the parlour, leaving prisoner in the bar. Witness in the parlour tendered a watch to Ryder, in the presence of Mrs. Ryder and a man named Burt. The prisoner at the time being in the bar. After that witness returned to the bar, and got a considerable quantity of beer.

Thomas Smith gave somewhat similar evidence Henry Ryder deposed to the same facts.

In cross-examination by His HONOR, Ryder admitted that it might be possible for a person to see from the bar into the parlour.

His HONOR in summing up went over the facts of the case. He commented forcibly on the conduct of Ryder throughout the transaction, and directed the jury, that if they believed the prisoner had seen any action such as the handing over of the watch to Ryder, or the passing of money, they should give the prisoner the benefit of this belief.

After a brief consultation the jury returned with a verdict of " guilty," accompanied by a recommendation to mercy, believing the prisoner to be the dupe of the man Ryder.

His HONOR said that he believed the prisoner had been led away. He was one of those men who habituated public-houses and had not been particular as to what he had sworn. But taking into consideration the facts connected with the case, and the recommendation to mercy of the jury, the sentence of the court was that he be imprisoned for 12 calendar months.
Source: Mercury (Hobart, Tas. : 1860 - 1954), Thursday 3 December 1874, page 2

When James Smith appeared in the Criminal Court, Hobart 2 December 1874 and sentenced to 12 months' imprisonment, he appeared in the same session as James Geary who was sentenced in February 1874. Another prisoner sentenced to death in the same session for murder was George Williams (no photograph, and no execution?)

CRIMINAL COURT, HOBART TOWN The sittings of the Court were resumed on Wednesday... In the Second Court, before Mr Justice Dobson, George Williams, accused of the murder of his wife, was found guilty, and sentenced to a death. James Smith, wilful perjury, found guilty with a recommendation to mercy, sentenced to twelve months' imprisonment. James Geary, horse stealing at Bothwell was found guilty and sentenced to eighteen months imprisonment.
Source: Launceston Examiner (Tas. : 1842 - 1899), Saturday 5 December 1874, page 3
PERJURY
James Smith was charged with having committed wilful perjury in the New Norfolk Police-court in an information filed against Mr. Ryder, a licensed victualler. The perjury consisted in prisoner having sworn that Mr. Ryder had given money and beer to a man named Fahey for a watch, and that the transaction took place at the bar of a public house. Ryder was charged with having received a pledge for drink.
Prisoner pleaded not guilty.
Up to a late stage of the case the particulars were devoid of the slightest interest. It appeared that the case arose out of a drunken bout.
Prisoner asserted the prosecution was a conspiracy, and he called Mr. Ryder as a witness. His evidence came to this: that he had made the best statement he could for himself, and that he had allowed the prisoner before the New Norfolk magistrates to state what he knew to be untrue.
The Solicitor-General, in closing the case, said Ryder was as bad, if not worse that the prisoner, for he admitted that he had been guilty of subornation of perjury.
His Honour in summing up to the jury said they would have to be satisfied that the prisoner, in addition to having sworn what was false - for there was little doubt upon that point - but that he knew it was false, and that he designedly and wilfully swore what he knew to be false. After reviewing the evidence of the various witnesses, His Honour left it to the jury to say what weight was to be attached to it....
Source: SECOND COURT. (1874, December 3). The Tasmanian Tribune p. 3.
http://nla.gov.au/nla.news-article201486897

6. Thomas ARCHER as Thomas SMITH or James SMITH?
https://www.digitalpanopticon.org/life?id=btr24344
Old Bailey Proceedings 1740-1913
Record ID obpdef1-452-18460105
Trial text at oldbaileyonline.org
Data created by Old Bailey Online
5th January 1846
Surname SMITH
Given names THOMAS
Age 24 Birth year 1822 Gender m
Occupation
Offence category violent theft: robbery
Verdict category guilty
Sentence category transport
Sentence term 99
Victim's name Thomas Phillips
Offence date 14th of Dec
Offence details that he, with a certain other person, being armed with offensive weapons, viz. pistols and daggers, did assault Thomas Phillips, on the 14th of Dec, putting him in fear and robbing him, from his person and against his will, of 1 10l. Bank note, his property;
Punishment summary: Transported for Life Old Bailey Online reference ID t18460105-452


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