Showing posts with label QVMAG. Show all posts
Showing posts with label QVMAG. 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 employment 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 agains 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

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, mediem 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/

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Prisoner John WILLIAMS and his scar 1874

The mugshot: positive and negative views
The photograph taken of John Williams on discharge at the Hobart Gaol for Municipal Police Office records by government contractor Thomas J. Nevin in late January 1874 is held in the Beattie Collection at the Queen Victoria Museum and Art Gallery, Launceston, Tasmania. Unlike dozens of these prisoner mugshots which were removed from the QVMAG and exhibited at the Port Arthur Heritage site in 1983, this one was not chosen. There may be a reason for the oversight. This prisoner was free to the colony of Tasmania, he was not transported prior to 1853 when transportation to Tasmania ceased. He had no history of daring or blood chilling crime to titillate the tourists on their visit to Beattie's Port Arthur convictaria museum in Hobart where many of these mugshots were displayed in the 1900s. Although imprisoned eventually at Port Arthur 60 kms south of Hobart in 1871 on sentencing to three years for housebreaking and burglary at the Supreme Court Launceston, this prisoner with no known alias, John Williams, was not photographed at Port Arthur. He was photographed by Nevin on removal to the Hobart Goal (HHC - Hobart House of Corrections) on 19th January 1874 prior to discharge two weeks later.

The police gazette description on discharge of this prisoner John Williams noted a scar - "cicatrix on right side of chin". A strong black mark running from the prisoner's mouth down his chin on his left side rather than his right in the positive print looks to be an ink mark over the scar, possibly drawn by a viewer years or decades later. The scar appears on the viewer's right and therefore on the prisoner's left when facing the photograph, perhaps because the police gazette notice was written from the photograph in the absence of any prior record -  note the lack of detail on the conduct record below. Then again, the glass negative might have been used by the writer of the police gazette notice, fresh from the sitting, in which case the writer was probably the photographer Thomas Nevin or his assistant, his brother Constable John Nevin at the Hobart Gaol. The glass negative would therefore show the black mark extending from the prisoner's mouth to his chin on his right side, correctly so as the police gazette states, as in this flipped version on left:



Left:    scar on his right (glass negative view)
Right:  scar on his left   (paper print view)



Prisoner John WILLIAMS 1874
Photographed by T. J. Nevin 20-30 January 1874
QVMAG Collection
Ref: QVM 1985_P_0132
Recto inscription: "196"
Verso inscription: "63 John Williams per Tasmania Taken at Port Arthur 1874"
Plus various QVMAG accessioning numbers and dates in 1958 and 1985



Prisoner John WILLIAMS 1874
Photographed by T. J. Nevin 20-30 January 1874
QVMAG Collection
Ref: QVM 1985_P_0132


Prisoner/convict John Williams
Caption: Arrived free per Tasmania. Tried Launceston and sent to Port Arthur. Photo taken at Port Arthur by Thomas Nevin.
Ref: PH30/1/3224
Archives of Tasmania

Discharge 1874
John Williams arrived free to the colony (FC) at Launceston on the intercolonial vessel Tasmania. He was sentenced at the Supreme Court Launceston on 1 June 1871 to 3 years for house breaking and robbery. He was born in England, 43 years old, 5 feet 3 inches in height with brown hair. He had a cicatrix on the right side of his chin, and was balding on top. He was formally discharged in court at the Port Arthur prison, and removed to the Hobart Goal (HHC - Hobart House of Corrections) on 19th January. The Office of Inspector of Police, Hobart Town, gazetted his discharge on 30th January 1874.



Prisoner John WILLIAMS was discharged from Port Arthur, and released free at Hobart, 30 January 1874. Source: Tasmania Reports of Crime for Police (Police Gazette)

Conduct Record 1871-74
This page from the Hobart Gaol record is devoid of any physical descriptors of the prisoner John Williams. It simply records offences while imprisoned at Port Arthur and movements from Port Arthur. John Williams received 3 months for misconduct on 8 October 1872. On 19 January 1874 the residue of his sentence was remitted. On 24 January 1874 he was moved from Port Arthur to the House of Corrections at Hobart (Hobart Gaol). On 30 January 1874 he was discharged from Hobart. 



Williams, John
Record Type: Convicts
Ship: Tasmania
Remarks: Free to colony. Tried Launceston June 1871
Index number: 76631
Record ID: NAME_INDEXES:1446804
Conduct Record: CON37/1 Page 6097
CON37/1/10 Page 5829

Prisoner George GROWSETT 1860 and 1873

DUPLICATES, COPIES and DISPERSAL of 1870s MUGSHOTS
PRISONER George Growsett's THREAT of SUICIDE

George Growsett threatened suicide at trial in 1860 for armed robbery, protesting that he would rather be hanged than endure a lengthy sentence. A sentence of death was duly recorded, which he boastfully informed the court he wanted, but his sentence was commuted a few days later to 15 years in penal servitude. He was photographed by Thomas J. Nevin at the Mayor's Court, Hobart Town Hall, on discharge on September 5th, 1873. He must have committed further offences (to be included here later if found), since Nevin's original photograph of 1873, numbered "79 " in the Hobart Gaol Photo Book, was duplicated, numbered "264" for application to the prisoner's rap sheet on sentencing for further offences.



The prisoner in a most insolent manner said he knew very well that the question was only a matter of form ; he had not been tried at all, and did not consider that he had had a fair trial. The witnesses had sworn what they liked, and he had not been defended by counsel ; in fact, he had been sold like a bullock in Smithfield Market ; he knew very well that His Honor had his sentence ready written before him, and that the whole thing was a matter of form. He knew very well that he should have a long sentence, but His Honor had better sentence him to be hanged, as he should never do a long sentence ; in fact, he could not do it whether he received it or not (Mercury 7 September 1860)
The Tasmanian Museum and Art Gallery copy
When George Growsett was found guilty at trial of armed assault in 1860, the verdict recorded was "Death" - but he was not hanged. The sentence of "death" was commuted to 15 years of penal servitude. When he was discharged from the 15 year sentence in 1873, he was photographed by government contractor, photographer Thomas J. Nevin. Just one image of this man George Growsett is extant, duplicated several times, and copied.

Three copies from two duplicates are extant of the photograph made from Thomas J. Nevin's original glass negative taken in the one and only sitting of prisoner George Growsett in September 1873 (No. 79) on discharge from a 15 yr sentence for armed robbery. The duplicate from Nevin's original was reproduced again (No. 264) when George Growsett was committed for a further sentence (to be confirmed).

This copy held at the TMAG was originally held in a collection at the Queen Victoria Museum and Art Gallery, acquired from convictarian John Watt Beattie's estate in the 1930s as government records and gaol estrays. It was removed from the QVMAG (Launceston) by Elspeth Wishart in 1983 and taken down the Port Arthur historic site as part of an exhibition. For this purpose, for its removal to the exhibition it was numbered "179" - the number written directly below the oval image on the mount. At the close of the exhibition, this mugshot and another fifty (50) and more sourced from the QVMAG were not returned to the QVMAG, deposited instead at the Tasmanian Museum and Art Gallery in Hobart, thereby violating the integrity of Beattie's Collection. These fifty and more police mugshots of the 1870s, taken by government contractor photographer Thomas J. Nevin, should have been returned to the QVMAG in 1983.

The QVMAG's list of their collection of 1870s mugshots, acquired here in 2005, show that of the 200 listed in the original QVMAG collection in the 1980s, only 72 mugshots were in fact actually located there. More than 200 were originally acquired at the QVMAG, but were not listed in 1983. Not only were more than a hundred missing from Beattie's original collection, it was in 1983 when Elspeth Wishart et al at the Port Arthur exhibition fabricated an altogether impossible photographer attribution to the prison's commandant A. H. Boyd, despite clear recent and historical evidence that commercial photographer and government contractor Thomas J. Nevin was the commissioned photographer working from February 1872 to commence the photographing of prisoners at sentencing, incarceration and discharge. The misattribution to A. H. Boyd, a renowned bully and not a photographer by any definition of the term, was to pander to the fantasies of his descendants who were mindful of seeing their reviled ancestor come up from history smelling of roses. A. H. Boyd was dismissed for misogyny from the superintendent position at the Queen's Orphan School in 1864, and forced to resign from the commandant position at Port Arthur in December 1873 under allegations of fraud, corruption and misappropriation of funds.

Thomas J. Nevin's original glass negative was produced at the one and only sitting with prisoner George Growsett in September 1873. It was reproduced twice for application to Growsett's prison criminal record sheet, now missing, as are all the early rap sheets from the mid 1870s from which these mugshots were removed. As on later rap sheets, the date of sentencing was written, along with the crime, the length of sentence, the date of discharge and the number of the photograph, which was recorded in the Hobart Gaol Photo Book. The extant photograph held at the National Library of Australia bears TWO numbers: the first, no. "79" was recorded when Nevin photographed Growsett on discharge from a 14 year sentence (September 1860) for armed robbery in September 1873. The second number "264" was recorded for another sentence (date and nature of crime to be confirmed).



Prisoner GROWSETT, George
Ex QVMAG Collection, now held at the TMAG Ref: Q15611
Photographer: Thomas J. Nevin

This copy was printed at a slight tilt, compared with the NLA and AOT copies which were straightened when printed.



Verso of cdv of prisoner GROWSETT, George
Inscription: "79 & 264 George Growsett per Ly Montague (Taken at Port Arthur 1874)"
Ex QVMAG Collection, now held at the TMAG Ref: Q15611
Photographer: Thomas J. Nevin

The National Library of Australia copy
The National Library of Australia catalogue entry is devised from the inscription on the verso of this photograph, but with the assumption that the information is correct, viz: "George Growsette, per Ly. [Lady] Montague, taken at Port Arthur, 1874 [picture]". This photograph was not taken in 1874, it taken in early September 1873 at the Hobart Municipal Police Office, Town Hall, when Growsett was discharged, free in service with a ticket of leave.



George Growsette, per Ly. [Lady] Montague, taken at Port Arthur, 1874 [picture]
National Library of Australia Call Number PIC Album 935 #P1029/22

The NLA copy bears two numbers on recto: "79 & 264" which indicate that the first, no. 79 was taken by Thomas J. Nevin in the week preceding September 5th 1873 when George Growsett was discharged (FS - free in service). The second, no. 264, was duplicated from the first, from Nevin's original glass negative, when George Growsett was sentenced again (date and nature of crime to be confirmed).

The Archives Office Tasmania copy
A hard copy is held at the Archives Office of Tasmania, and recorded online. The hard copy was most likely reproduced for reasons to do with regional exhibitions, postcard issue, or local and family history publications.



Prisoner George Growsett:
AOT Ref: PH30/1/3258
Photographer: Thomas J. Nevin 1873


Webshot 2005: AOT Ref: PH30/1/3258
Caption: "George Growsett, convict transported per Lady Montague. Photograph taken at port Arthur by Thomas Nevin."

Court and Police Records

1852:
George Growsett, from Hereford, was tried at Chelmsford Ass. (UK) on 5th March 1859. He was transported for arson, setting fire to a stack of wheat valued at £100 etc. He arrived at Hobart (Van Diemen's Land - Tasmania) the 9th December 1852 on the Lady Montague. On arrival, he was 19 years old, his religion listed as Church of England, and was able to read and write. He was issued with a Ticket of Leave in 1853, but committed further offences. He was sentenced to 15 yrs for armed assault in 1860, and released again with a TOL on 18th August 1873, gazetted on 9th September 1873.



Growsett, George
Record Type: Convicts
Departure date: 9 Aug 1852
Departure port: Plymouth
Ship: Lady Montagu
Voyage number: 356
Index number: 28764
Record ID:NAME_INDEXES:1397589
Archives Office Tasmania

1860:
The deposition recorded on 3rd August, 1860, at Hobart Town stated that George Growsett was charged with armed robbery, death recorded. The sentence of death was commuted to 15yrs in penal servitude (P.S.) on Sept 20th 1860.



Deposition: George Growsett:
Source: Archives Office Tasmania
https://stors.tas.gov.au/AB693-1-1$init=AB693-1-1_054



Tuesday 4th September 1860: Before the Chief Justice and jury, George Growsett was found guilty of assault with a pistol on John Shipley, stealing a watch and £4.
Source: Archives Office Tasmania
https://stors.tas.gov.au/SC32-1-8$init=SC32-1-8_121



Page on right:
Thursday the 6th day of September 1860 The Court met this Day at 2pm. Before His Honor The Chief Justice
The following prisoners were placed at the bar and sentenced as opposite to their names.
Patrick Glynn To be kept in P.S. for 4 years
George Growsett Death recorded [commuted to 15 yrs penal servitude]
Martin Lydon To be Hanged
Source: Archives Office Tasmania
https://stors.tas.gov.au/SC32-1-8$init=SC32-1-8_122

PRESS REPORTS 1860
The Hobart newspaper Mercury, on 7th September 1860 reported George Growsett's death-wish statements at trial.
SUPREME COURT.
CRIMINAL SITTINGS.
(AFTER SECOND TERM, 1860.) THURSDAY, SEPTEMBER 6.
FIRST COURT,
BEFORE His Honor Sir Valentine Fleming, Knight, Chief Justice.
The Court sat by adjournment for the purpose of passing the sentences, and His Honor took his seat at two o'clock.
SENTENCES.
George Growsett convicted of robbery under arms.
On being asked if he had anything to say why judgement should not be passed upon him.
The prisoner in a most insolent manner said he knew very well that the question was only a matter of form ; he had not been tried at all, and did not consider that he had had a fair trial. The witnesses had sworn what they liked, and he had not been defended by counsel ; in fact, he had been sold like a bullock in Smithfield Market ; he knew very well that His Honor had his sentence ready written before him, and that the whole thing was a matter of form. He knew very well that he should have a long sentence, but His Honor had better sentence him to be hanged, as he should never do a long sentence ; in fact, he could not do it whether he received it or not.
His Honor said that during the progress of the trial he thought the prisoner was a very unwise and illiterate man, and if anything was needed to confirm that opinion, it was the address which he had just uttered. The prisoner said he had not had a fair trial, or, to use his own language, that he had been sold like a bullock. Now, His Honor thought that he had a most fair and impartial trial. (The prisoner—Well, then, I don't,) His Honor begged that he might not be interrupted, That the prisoner was not defended by counsel was no fault of His Honor, nor of the Crown, but was entirely the prisoner's own fault. His Honor found that he was originally transported to this colony for a very bad offence, namely, arson, for which he received a sentence of 14 years. (The prisoner said he had been punished for that.) He arrived here in 1852, and in the condition of a pass-holder, or, in other words, he arrived here in a condition of qualified freedom. His Honor well remembered that year, and if ever there was a period in the history of the colony when a man if inclined to lead an honest and industrious life, had every inducement held out to do so it was at that time, for the colony had been deprived of labor by the emigration to the gold fields, leaving open to persons in the same situation as the prisoner the means of gaining an honest livelihood. But the prisoner had not availed himself of those means, for in 1853 he was convicted of stealing a rather large sum of money (£25) received a sentence of seven years, and was sent to a penal settlement. Here he was guilty of absconding, insubordination, and other offences, but nevertheless he obtained a ticket-of-leave in 1853, and that was his present condition. The prisoner was a young man in the enjoyment of good health and physical strength and might easily have obtained an honest living, but what did he do ? His Honor here recapitulated the particulars of the prisoner's offence, and continued :- Was it to be allowed that crimes of this kind were to be committed by lawless men ? Where, he asked, was the injustice of the trial ? Was Shipley not the witness of truth ? And had not the jury given every consideration to the case ? His Honor's experience of juries showed him that they were always impartial and considerate, and that they had invariably a leaning towards mercy. And now the prisoner was so injudicious as to address the Court as he had done. He must have known that he was on his trial for life or death, and that by his crime he had forfeited that life by the laws of the colony. (Prisoner : So much the better). Notwithstanding that boastful expression it was not His Honor's intention to pass upon the prisoner the extreme sentence of the law ; there was a point in the evidence of Mr. Shipley in the prisoner's favor, of which he did not, perhaps, perceive the benefit, and that was the impression on Mr. Shipley's mind that the prisoner did not intend to take life. His Honor would give the prisoner the benefit of this, and it would rest with the Executive to determine the duration of his punishment. (Prisoner : I would rather be hanged.) His Honor said there was only one sentence which under those circumstances, he could pass upon the prisoner, and that was to order sentence of of death to be recorded, and
Sentence of death was accordingly recorded.
Source: Mercury (Hobart, Tas), Friday 7 September 1860, page 3

The Launceston Examiner on Wednesday, 20th September 1860 reported on Page 2 that the "death recorded against George Growsett for robbery under arms has been commuted to fifteen years penal servitude."

1871:



TRANSCRIPT

OFFENCES AT PORT ARTHUR.-From the Mercury we learn that two constables, named respectively Elliott and Rogers, have been dismissed for the offence of purchasing pigs and potatoes from two prisoners named respectively George Grossett and Moses Cochrane. The prisoners were also punished, Grossett being sent to an outstation, and Cochrane sentenced to 6 month's hard labor.
Source: Launceston Examiner Tue 21 Feb 1871 Page 5 OUR MONTHLY SUMMARY.

1873:
This record of discharge from the Tasmanian Police Gazette, dated 5th September 1873, lists George Growsett twice; the first entry shows no personal information such as age, height and hair colouring, simply that he was received from the Port Arthur prison minus this information. The second entry shows his alias as Grossett, that he was 40yrs old, and that his height was 5 ft 8 ins., almost 3 inches taller than when his height was recorded as 5ft 5ins at 19yrs old on arrival, a mistake by the police gazette, possibly. He was received at Hobart from the Port Arthur prison and photographed at the Municipal Police Office, Hobart Town Hall by Thomas J. Nevin on discharge from the Mayor's Court with a ticket of leave.



George Growsett, discharged 5th September 1873
Tasmania Reports of Crime for Police J. Barnard Gov't printer

Ticket of Leave
Fellow prisoner William Smith, transported on the Rodney 3 was granted a Ticket of Leave on the same day as George Growsett: his discharge was gazetted one week later, on 10th September 1873.



Recto and verso of photograph of prisoner Wm Smith per Gilmore (3)
Verso with T. J. Nevin's government contractor stamp printed with the Royal Arms insignia.
Carte numbered "199" on recto
QVMAG Ref: 1985.p.131

Thomas J. Nevin's two different prisoner identification photographs of William Smith per Rodney 3 taken in 1873 and again in 1875 both bear his government contractor stamp on verso. This one, taken in 1873, is held at the Queen Victoria Museum and Art Gallery, Launceston, Tasmania; the second, taken in 1875 is held in the Mitchell Collection, State Library of NSW.  Read more about William Smith per Rodney 3 here.



George Growsett per Lady Montagu and William Smith per Gilmore 3 each issued with ticket of leave 12 September 1873.
Source:Tasmania Reports of Crime for Police J. Barnard Gov't printer

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