Defence barrister Byron MILLER
Prisoner John Pope snr per Flinders, F.C. [free to colony] sentenced to 2 years, Supreme Court, Hobart
Photographed at the Hobart Gaol (Tasmania) 26 July 1881
Photographers: Thomas J. Nevin with Constable John Nevin
Tasmanian Museum and Art Gallery Collection Ref: Q15624
John W. Pope and his son by the same name, John Pope the younger, attempted to pass off several hundred weight of quartz which had been salted by inserting particles of alluvial gold in the interstices of the stone, and fixing it there with American cement. They floated a company and defrauded investors of £950. John Pope snr was sentenced to two years, his son John Pope jnr to nine months. This photograph of John Pope snr was taken in 1881 at the Hobart Gaol by government contractor Thomas J. Nevin with the assistance of his brother Constable John Nevin (William John Nevin, 1852-1891).
Timeline: press articles
April 1881:
GOLD. (1881, April 26). Launceston Examiner (Tas. : 1842 - 1899), p. 3.
Source: https://nla.gov.au/nla.news-article38221755
BAND OF HOPE COMPANY. For some days past very unpleasant rumours have been floating about town with reference to the Band of Hope Company, whose claim is situated at North Mount Cameron, and it would now appear that four persons, named John Pope, sen., John Pope, jun., E. Mewton, and William Digby Coleman, have conspired to defraud the public by deliberately " salting"' a "duffing" claim with quartz and gold obtained from some other locality. From the particulars we have been able to gather it seems that the parties have been engaged in tin mining, and have resided near North Mount Cameron for some time past. Pope and his son recertly took up a ten acre section, about two miles from the township at North Mount Cameron, under a gold mining lease, and J Pope jun., and Coleman each took up adjoining sections on the line of reef. Coleman then confidently communicated to Mewton that a splendid find of a reef showing a gold freely had been made on the prospectors' section, and Mewton mentioned the matter to Mr P. M'Intyre, who had known him for some time, and had no reason to suspect him of any duplicity. Mr M'Intyre at once visited the locality, and was shown the reef by Pope and his son. He found claims marked off on the line of reef by different parties, a prospecting shaft put down, and a cross-cut put in, and upon breaking out specimens of stone from the reef shown him, gold could be seen in the stone, and portions not showing any gold gave good prospects when crushed in a mortar. He was quite satisfied of the genuineness and of the value of the affair, and the result was that in conjuntion with Mr P. Barrett he arranged to give the prospectors £800 for the claim.
A company was then floated, called the Band of Hope Co.. to work the claim, and owing to the rich specimens exhibited from the reef, and the favourable opinion Mr. M'Intyre was able to give as the result of his inspection, the promoters' shares went off pretty freely. After the Company was formed, however, certain rumours came to Mr M'Intyre's ears which, made him visit the claim again and. make a more careful examination, and the result not being satisfactory, he employed two men to cross-cut the reef to see how the shoot of golden stone ran. Their labours led to a conviction that a deliberate swindle had been perpetrated by the prospectors, and Mr M'Intyre at once returned to town and informed the shareholders. Some, however, would not believe but that the reef was all it was originally represented, while others were too ready to believe the worst, and.a meeting of shareholders held at the Mechanics' Institute on 19th inst. was a rather stormy one. It was, however, then decided to obtain the services of Mr Payne, mining manager of the Royal Mint Company, to inspect and report upon the claim. After a thorough examination of the claim and its surroundings, Mr Payne (we are given to understand) came to the conclusion that a case of salting had taken place, and that a deliberate imposition had been practised on the public. He found that the fraud must have taken many weeks to execute, as several, hundred weight of quartz had been salted by inserting particles of alluvial gold (of a much richer quality than any of the gold found at North Mount Cameron) in the interstices of the stone, and fixing it there with American cement, a composition which resembles pipeclay to outward appearance. In close proximity to the carefully-prepared body of salted stone was a well-defined quartz reef, but in this no gold could be discovered.
Besides the £800 received, from the promoters of the Band of Hope Company, Pope, sen., had received £150 from Messrs. Heaps and M`'Kimmie for a half interest in an adjoining section taken up by his son. After the receipt of Mr Payne's report by the Avon on Sunday, the matter was placed in Mr Superintendent Coulter's hands, and warrants were issued yesterday for the apprehension of the parties believed to be the perpetrators of the fraud. Pope was found to be missing, and it was at first believed he had got away to Melbourne, taking the booty with him. Yesterday morning Pope, jun., and Coleman, were arrested and brought up at the Police 'Office yesterday on a charge of conspiring with others to defraud Mr P. M'Intyre of £500, and were remanded for a week. Shortly after. midday a telegram was received from Hobart, stating 'that Pope, sen., had been arrested there, and that in his possession were found £26 in cash,' a bank-book showing that £150 was. placed to his credit, and a bank draft for £740, thus making up a total of £916 out of the £950 Pope is known to have received. Our Hobart correspondent telegraphed last night that the draft found on Pope was on the Union Bank of Australasia, Daylesford, Victoria. Pope, sen., will be forwarded to Launceston to-day.
It is said that Coleman was concerned in a similar case at Ballarat some years ago.
A meeting of purchasers of promoters' shares in the Band of Hope Company is convened for this evening at the Mechanics' Institute, to receive Mr Payne's report upon the claim.
It is a matter for congratulation for all concerned in the mining interests that this salting case has been so promptly discovered, and that such prompt action has been taken to sheet the offence home to the perpetrators, instead of permitting' them, as in another recent and very suspicious case, to escape with impunity.
July 1881:
1. Mercury (Hobart, Tas. : 1860 - 1954), Friday 22 July 1881, page 2
Source: https://nla.gov.au/nla.news-article8999191
CRIMINAL SITTINGS
The Supreme Court will sit in its Criminal Jurisdiction on Tuesday next. The following is the calendar: -
John Pope, John Pope, jun,. Wm Digby Coleman, and Josiah Thomas Rabling, conspiracy.
Martha Jane Painter, breaking into a shop.
Michael Hackett, breaking into a building and stealing,
William Fisher, bribery, George Miles, bribery
Robert Berry, assault with intent.
Henry Clarke, stealing from the person
2. Hobart Herald (Tas. : 1880 - 1882), Wednesday 27 July 1881, page 4
Source: https://nla.gov.au/nla.news-article264796886
SECOND COURT.
Before Mr Justice Dobson.
John Pope, senr., John pope, jun., W. D. Coleman, and Josiah T. Rabling, were charged with obtaining by false representation from Peter Mclntyre the sum of £800, a second count charged them with salting the mine.
Peter M'lntyre deposed to visiting Pope's claim, and testing some specimens, which he thought was satisfactory. Afterwards made an offer to Pope and paid for three sections of ground. Mr Barrett was appointed agent in Launceston, after making arrangements sent five men to work the claim, all the specimens got were crushed without any result, then set two men cross cutting the reef, during the operations young Pope seemed anxious to receive the money, and said that if the money was banked in his father's name he would get it out, when in Launceston saw the elder Pope, and asked him to refund the money, Pope refused to do so, and promised not to leave the country until the witness went back to tbe Mount, and got a Mining Manager to examine the reef, when he returned to Launceston, found Pope had left.
Peter Barret proved that the gold was put in the stone artificially. W. H. Philbeen said he examined the stone, and found the gold fastened in with cement. E. W, Woodgate Analytical Chemist, proved that the gold in the quartz was alluvial and could be brushed away.
Mr Byron Miller ably defended the prisoners. At the time of our going to press the jury were unable to agree.
3. Mercury (Hobart, Tas. : 1860 - 1954), Wednesday 27 July 1881, page 2
Source: https://nla.gov.au/nla.news-article8999371
THE MERCURY.PUBLISHED DAILY.
WEDNESDAY MORNING, JULY 27, 1881.
The Hon. Mr. Justice Dobson presided in the second Court. John Pope, John Pope, jun., W. D. Coleman, and J. T. Rabling pleaded not guilty to a charge of salting a mine known as the Band of Hope claim, Mount Cameron, in order to defraud Mr. Peter Mcintyre out of £800. Mr. Miller defended the prisoners, and the Solicitor General prosecuted on behalf of the Crown. A number of witnesses for the prosecution were examined and cross-examined, and the Court was adjourned until 10 o'clock to-day, when other evidence will be taken.
The defense: Robert Byron Miller
Robert Byron Miller (1825 - 1902) was a barrister who served the colony of Tasmania as Attorney-General for four years (1863-1866). He was photographed on several occasions by Thomas J. Nevin, as indeed were the prisoners he represented, including John W. Pope, ably if not quite succesfully, in this trial.
Barrister R. Byron Miller (1825 - 1902)
Photographer George Cherry (1820 - 1878) taken in late 1860s
Inscribed verso by Miller family member "My Father ... Judge in Chambers Essex St ..."
Photo © Copyright KLW NFC Imprint & KLW NFC Private Collection
John Pope's prison mugshot
There is no number inscribed on the recto of this photograph, unlike the fifty or so in the TMAG collection of prisoner cartes-de-visite in oval mounts which were removed from the QVMAG, Launceston in 1983 for an exhibition at the Port Arthur prison heritage site for the Port Arthur Conservation and Development Project (PACDP), and returned instead to the TMAG, Hobart.
Prisoner John Pope snr per Flinders, F.C. [free to colony] sentenced to 2 years, Supreme Court, Hobart
Photographed at the Hobart Gaol (Tasmania) 26 July 1881
Photographers: Thomas J. Nevin with Constable John Nevin
Tasmanian Museum and Art Gallery Collection Ref: Q15624
Verso: Flinders, F.C. [free to colony] 2 years (446)
The number verso (446) may be related to admission or discharge from one of the welfare depots, Cascades or Brickfields (see the hand-tinted cdvs of John Brittain and David Clark also held at the TMAG). If so, the photograph would have been reprinted from Nevin's original negative taken in July 1881, to be used again for offenses after the prisoner was discharged from the Hobart Gaol in May 1883. The verso gives no indication of the name of the prisoner, but from the inscribed details, this prisoner fits the physical description of John Pope, the ship on which he arrived in Tasmania, the Flinders, the sentence served of 2 years, and discharged free in May 1883.
This photograph was not reprinted by John Watt Beattie in the 1900s for display and sale to tourists at his convictaria museum in Murray St. Hobart. It appears to be Nevin's original negative, or a duplicate of his own cdv produced for gaol records from his single sitting with the prisoner in 1881. Its verso shows it was removed from paper, probably the prisoner's criminal record sheet. Many of the later Hobart Gaol records books bound as rap sheets dating from the mid 1880s retain the prisoner's mugshot(s) intact (held at the Archives Office Tasmania), but the earlier 1870s mugshots taken by contractor T. J. Nevin have survived mostly only as loose duplicates, so this loose cdv is unusual in that respect. This photograph's late date of production, 1881-83, is possibly one reason it appears to be an original prisoner identification photograph by Nevin, a typically formated commercial portrait which he produced on government contract for police administration records from 1872 until 1886, with the assistance of his younger brother Constable John Nevin at the Hobart Gaol from 1876.
Police Gazette Notices
The warrant for the arrest of John Pope per Flinders was published in the weekly police gazette of 28 April 1881 on charges of obtaining by false pretences from one Peter Barrett the sum of £300.
These notices indicate his arrest, his arraignment in July 1881, his sentence to two years, and his discharge in May 1883.
TRANSCRIPT
LAUNCESTON: - On the 23rd instant, by Thomas A. Murray, Esquire, J. P., for the arrest of John Pope, charged with having, on the 16th instant, at Launceston, obtained by false pretences from one Peter Barrett the sum of £300.
Description
About 56 years of age, 5 feet 4 or 5 inches high, swarthy complexion, looks slightly pockmarked, stout build, dark hair turning grey, a Cornish or North of England man; wore felt hat and tweed suit, Since arrested by Detective Kemp, of the Hobart Municipal Police.
John Pope, 50 yrs old, per Flinders, was arraigned on 26 July 1881 at the Supreme Court Hobart, sentenced to 2 yrs for obtaining money by false pretences and photographed by Thomas J. Nevin on incarceration at the Hobart Gaol.
John Pope was discharged from the Hobart Gaol on 30 May 1883. There is a misprint in this notice: he was tried on 26 July 1881 not 26 July 1883.
Source: Tasmania Reports of Crime Information for Police, J. Barnard Gov't printer
Supreme Court and Hobart Gaol records
The trial, verdict and sentencing
1. Monday 26 July 1881, Supreme Court Hobart before Justice Dobson
The trial:
John Pope was charged with false pretences, John Pope the younger was charged with conspiracy. Two others were charged. A twelve-man jury was present and sixteen witnesses were listed to appear. Representing John Pope, John Pope the younger and a third man was Mr Byron Miller.
Source: https://libraries.tas.gov.au/Digital/SC32-1-10/SC32-1-10P045JPG
2. Wednesday 27 July 1881, before the Hon. Mr. Justice Dobson
Source: https://libraries.tas.gov.au/Digital/SC32-1-10/SC32-1-10P045JPG
The verdict:
John Pope was found guilty and sentenced to two years imprisonment. John Pope the younger was sentenced to nine months imprisonment. Charges against the other two men were discharged.
Restitution sought for £800.
Source: https://libraries.tas.gov.au/Digital/AB693-1-1/AB693-1-1_125
TRANSCRIPT
POPE John W 50 yrs oldPrisoner John W Pope snr. 1881
Tried SC Hobart 26 July 1881
Two years imprisonment
Station of gang Gaol, Hobart.
Discharged to freedom 25 May 1883
Flinders FC (free to colony)
Unlawfully by false pretences obtaining cheques for £400 £270 & £130 also unlawfully conspiring to defraud
Source: Archives Office of Tasmania
Conduct register of male convicts arriving on non-convict ships or locally convicted
Link: https://libraries.tas.gov.au/Digital/CON37-1-11/CON37-1-11P148
TRANSCRIPT
POPE John jnr 24 yrs oldPrisoner John Pope jnr 1881
Tried SC Hobart 26 July 1881
Nine months imprisonment
Station Gang Gaol, Hobart
Unlawfully conspiring to defraud
Flinders FC
Gov in C 17/4/82 discharge to freedom on 11/4/82 approved
No photograph?
Link: https://libraries.tas.gov.au/Digital/CON37-1-11/CON37-1-11P149
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