Showing posts with label Supreme Court trials. Show all posts
Showing posts with label Supreme Court trials. Show all posts

Leski's auction of T. J. Nevin's 1870s "Tasmanian Convict Photographs", 7 Dec 2024

Rare 1870s photographs of Tasmanian prisoners auctioned at LESKI's (7.12.2024)
Tasmanian commercial and police photographer Thomas J. NEVIN
Tasmanian convictarian John Watt BEATTIE

The Special Case of Thomas Wilson's Mugshot
On Saturday 7 December 2024 at Leski's Auctions, Melbourne (Victoria) , seven copies of prisoner identification photographs in carte-de-visite format (mugshots) taken of Tasmanian prisoners in the 1870s were offered for sale (Lots 357-363, Catalogue #513 Convicts and Historical).

The original photographs were taken by government contractor Thomas J. Nevin at the Hobart Gaol in the 1870s on prisoners being received and discharged per regulations in force by 1873 in Victoria and NSW. There were more 19th century mugshots on offer at Leski's auction that day of Tasmanian and Victorian prisoners (e.g. Ned Kelly) but only those seven inscribed verso in an archivist's or collector's hand ca. 1890-1900 with the prisoner's name, ship, and the phrase "Taken at Port Arthur 1874" attracted a starting bid of $850 each, with estimates between $1000-$1500. Every single one of these 1870s "TASMANIAN CONVICT PHOTOGRAPHS" was sold on or above the starting bid, with Lot 360 - prisoner Thomas Wilson - reaching an historic record at sale of $1500 or approx. $2000 with buyer's premium, a curious outcome that might be explained by its rarity: unaccounted for in public collections was reason enough for a public institution to initiate and step up the bidding regardless of cost.

Sold at Leski's auction for record prices
Auction #513 Convicts and Historical, streaming on 7 December 2024
Link: https://www.leski.com.au/auction/australian-historical-8/

The following photographs (recto and verso) and brief criminal histories for the seven prisoners whose cdv's were sold were sourced and cited directly from Leski's Auctions online, without modification, 7-8 December 2024.The eighth prisoner's photograph and history (Peter Westway), taken in the last decade of the 19th century, was not sold.

Sales results, Leski's auction 7 December 2024
Lots 357-363 sold to Buyer No. 9190; Lot 364 unsold
Live sale: https://auctions.leski.com.au/auctions/live-sale/id/623

Lot 357:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "28. Alexander Woods, per London. Taken at Port Arthur 1874". Alexander Woods was one of 250 convicts transported onboard the "London", arriving in Van Diemen's Land on 9th July 1844. He had been convicted and court martialled at St. Johns, Newfoundland, and sentenced to 14 years transportation. The prison photograph was taken 30 years after his arrival.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219814/

Lot 358:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "36. Henry Williams per Gov'r Phillip. Taken at Port Arthur 1874". Henry Williams (transported as William Williams), was convicted of Housebreaking at the Supreme Court in Hobart Town and sentenced to 5 years in gaol. He had arrived in Van Dieman's Land aboard the "Governor Phillips". The prison record shows he was discharged in February 1876.

Estimate $1,000 - $1,500 Price Realized $1,300 Status Sold"



View:https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219815/

Lot 359:
TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "97. Robert West per "Gilmore". Taken at Port Arthur 1874". Robert West was convicted at Kent and sentenced to 7 years transportation. He had arrived in Van Diemen's Land aboard the "Gilmore" in March 1832, 42 years before this photograph was taken.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219816/

Lot 360:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "108. Thomas Wilson alias Murphy. per "Dd Clark". Taken at Port Arthur 1874." Thomas WILSON was convicted at Carnarvonshire on 1 Aug 1840 for breaking into a dwelling and stealing. Gaol Report: "vicious, desperate disposition, conduct disorderly & bad connections". 15 year transportation sentence. Sent to Van Diemen's Land per the ship "David Clarke" on it's [sic] only voyage carrying convicts, arriving 4 Oct 1841. He was still in gaol 33 years later. He died in 1893. As a result of his many interactions with the law, quite a lot is recorded about Wilson:

In Van Diemen's Land: Probation Period of 2½ yrs. First station - Flinders Bay. Numerous records of misconduct and punishments. 22 April 1851: Ticket of Leave granted. 27 Sept 1853: Ticket of Leave revoked as he was absent from Muster. 15 Nov 1853: Ticket of Leave restored. 14 Aug 1855: Certificate of Freedom issued. Further offences, in the Colony: 6 Dec 1855: Oatlands - Putting a person in bodily fear and stealing therefrom. 6 yrs penal servitude. Sent to Port Arthur Penal Settlement. 27 April 1860: Discharged. 23 Oct 1860: Hobart S.C. - Assault & robbery. Further 7 yrs penal servitude. Some time remitted. 1868: Launceston S.C. Disorderly conduct. 3 mths hard labour. 28 Sept 1869: Launceston S.C. - Housebreaking & robbery. 6 yrs penal servitude. Sent to Port Arthur Penal settlement. 23 July 1877: at Green Ponds - Larceny. 3 mths imprisonment. 11 Nov 1880: at Launceston S.C. - Burglary. 6 yrs imprisonment.

Estimate $1,000 - $1,500 Price Realized $1,500 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219817/

Lot 361:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "134. Thomas Wood or Key, native". Taken at Port Arthur 1874." Thomas Wood (transported as Thomas Key on the Lady Nugent) was sentenced to six years for housebreaking and larceny, at the Supreme Court, Hobart. Claiming to be native born, in fact he was originally found guilty at Nottingham Quarter Sessions in 1836 and transported for 7 years.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219818/

Lot 362:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "259. George Wilson, Ld Lyndock 3. Taken at Port Arthur 1874." George Wilson arrived in New South Wales on the 8th August 1838 aboard the Lord Lyndoch. He had been transported for life at the Glasgow Court of Justiciary.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219819/

Lot 363:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "312 + 313 Charles Ward or Hayes per Moffatt 2 . Taken at Port Arthur 1874." Ward (who called himself John) arrived aboard the Moffatt in May 1834, following his conviction at York. His sentence was transportation for 14 years.

Estimate $1,000 - $1,500 Price Realized $1,100 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219820/

Lot 364 : unsold on the day and not included in the above group of seven:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "Percy Westaway, Launceston." Westaway, a native born 28 year old engine driver and miner, was found guilty of larceny at the Supreme Court Launceston on 27th March 1890. He was imprisoned for 3 years. The record shows that he was imprisoned for larceny again in December 1916.

Estimate $300 - $500 Orig. Starting Price $240 Buy now! $240"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219821/

Even though this mugshot (Lot 364, of Tasmanian prisoner Percy Westway) is a finely executed well-made photograph produced as a carte-de-visite on an oval mount for police records within the conventions of 1870s commercial studio portraiture, it did not attract Buyer No. 9190 of the previous seven mugshots (Lots 357-363) for these reasons: Westway was born in Tasmania, so he was not transported as a "convict" before 1856, and therefore not part of the island's early penal heritage; his photograph was taken at the Hobart Gaol in 1890-1893 at least fifteen years after the closure of the Port Arthur prison in 1877; the mugshot bears no inscription pertaining to the factually incorrect statement - "Taken at Port Arthur 1874" - written on the versos of the other seven Tasmanian prisoner cdv's at auction. The same phrase was also written on the versos of at least three hundred more 1870s mugshots now extant in national institutions which were originally sourced and transcribed by John Watt Beattie in the early 1900s from non-active Tasmanian police records for his "Port Arthur Museum" in Hobart and in travelling exhibitions on the fake hulk Success. Clearly, it is the "Port Arthur" brand the buyer wanted above all other attributes and shortcomings presented by these 1870s Tasmanian prisoner mugshots, the originals correctly attributed to commercial photographer and government contractor Thomas J. Nevin from contemporary sources to present-day research.



Hammer prices for LOTS 357-363, Lot 364 unsold.
Link: https://auctions.leski.com.au/auctions/print-realized-prices/id/623

Prisoner Thomas Wilson, Hobart Gaol 1874
The police gazette noted in May 1874 on his discharge from the Hobart Gaol that Thomas Wilson was blind in his right eye, a fact no doubt which led to the rest of his life spent in welfare depots when not incarcerated in prison.





Subject: Tasmanian prisoner Thomas Wilson (ca. 1813-1893)
Location and date: Hobart Gaol, Campbell Street, Tasmania, May 1874
Photographer: commercial photographer, contractor Thomas J. Nevin (1842-1923)
Verso inscription: "108 Thomas Wilson alias Murphy per "Dd Clark" Taken at Port Arthur 1874"
Details: a copy of the original photograph taken by T. J. Nevin on Thomas Wilson's discharge 1874, reproduced and inscribed verso by Beattie & Searle for sale 1890s-1920s as a Port Arthur tourist souvenir, possibly removed from an album.
Condition: foxing, water damage and tears to print on right side, dirty mount, ink smudged verso, faded image, degraded copy reprinted in 1877 for Wilson's 3 months' sentence at Green Ponds (Tas) from Nevin's 1873-1874 original glass negative and reprinted again from the cdv, suggested by the dark ring around the image on recto, in November 1880 for pasting to Wilson's rap sheet when he was sentenced to six years for burglary at Launceston, transferred again to the Hobart Gaol and released in 1885 to a welfare depot where he died in 1893.
Sold at auction, Leski's, Melbourne, Vic. 7 Dec 2024, for $1,500, or approx. $2000 with BP.

Hobart Gaol and Police Records
Thomas Wilson was photographed by Thomas J. Nevin on Wilson's transfer from the Port Arthur prison to the Hobart Gaol between his arrival there on 10 September 1873 and his discharge on 30 April 1874 (gazetted on 8 May 1874). His photograph was reprinted in 1877 and sent to Green Ponds where he was charged with larceny and sentenced to three months. It was reprinted again in 1880 when Wilson was sentenced to six years for burglary at Launceston and transferred to Hobart.

The Archives Office of Tasmania has collated most of their original records pertaining to Thomas Wilson's criminal career and welfare at these URLs:

https://libraries.tas.gov.au/Record/NamesIndex/1447843 [Employment and Prison]
https://libraries.tas.gov.au/Record/NamesIndex/1604550 [Health and Welfare]

But what is missing from their collation is the police gazette record below showing Thomas Wilson was discharged from the Hobart Gaol in the week ending 6 May 1874 by which time Thomas J. Nevin's photograph of him would have been pasted to the rap sheet [Record of Arrest and Prosecution], and would have remained there to this day if that rap sheet had survived flood, fire, mould, theft and defacement. Unfortunately, the rap sheets from which the original 1870s mugshots were removed have not survived, mostly for reasons to do with sensitivities about the hated "convict stain" and promotion of tourism to the island (see note on Beattie below).

The seller who submitted Thomas Wilson's cdv at Leski's for auction on 7 December 2024 sourced a good deal of information about his prison and welfare history, but having missed the police gazette notice of 6 May 1874, assumed the prisoner spent his entire life in Tasmanian prisons. He certainly passed the majority of years from discharge in 1874 to his death in 1893 in and out of welfare depots (one reason being blindness), per this record at the Archives Office Tasmania:

Name: Wilson, Thomas
Record Type: Health & Welfare
Description: Pauper or invalid
Property: Cascades Invalid Depot
Brickfields Invalid Depot
Port Arthur
New Town Charitable Institute
Admission dates: 13 Apr 1874 to 07 Dec 1875, 22 Mar 1876 to 04 Jul 1876, 12 Jul 1876 to 14 Nov 1876, 05 Jul 1877 to 02 Jul 1878, 02 Dec 1885 to 20 Jul 1886, 18 Mar 1887 to 04 Oct 1887, 29 Dec 1887 to 08 Apr 1890
Ship to colony: David Clarke
Paupers & Invalids no. :pi1936100
Record ID:NAME_INDEXES: 1604550
Link; https://libraries.tas.gov.au/Record/NamesIndex/1604550

It is from this information that the seller of Thomas Wilson's cdv at Leski's auction on Saturday 7 December 2024 decided to accompany the cdv with an extra paragraph detailing Wilson's criminal and welfare history but not his employment history, the only cdv of the seven in the group in this auction of "TASMANIAN CONVICT PHOTOGRAPHS" catalogued with additional information.



Above: detail of record below: Thomas Wilson was transferred from the Port Arthur prison (PA) to the Hobart House of Corrections (HC) in Campbell Street, Hobart on 10 Sept 1873. Administered in Confidence on 27 April 1874 - the residue of his sentence was remitted. He was discharged on 30 April 1874 from the Hobart Gaol.



Wilson, Thomas
Record Type: Convicts
Employer: Garth, James: 1849
Departure date: 7 Jun 1841
Departure port: Plymouth
Ship: David Clarke
Place of origin: Sligo
Archives Office Tasmania
Link: https://libraries.tas.gov.au/Digital/CON37-1-8/CON37-1-8P395

POLICE GAZETTE RECORDS



Source: Page 78, Tasmania Reports of Crime for Police 1874 (weekly police gazette)
Prisoner Thomas WILSON per ship David Clarke
Discharged from the H.M. Gaol week ending 6 May 1874
NOTES: WILSON, Thomas or Robert per ship D. Clarke, tried in the G.S. Launceston on 29 Sept 1869 for Housebreaking and robbery, sentenced to 6 years.
Native place: Ireland, age 59 yrs, height 5 ft 81/2 ins, dark brown hair. F.S. Blind right eye.



Source: Page 187, Tasmania Reports of Crime for Police 1880 (weekly police gazette)

Prisoner Thomas Wilson, 67 yrs old, transported on the ship David Clarke, Free in Servitude (FS) was sentenced to six years for burglary at the Supreme Court, Launceston on 11-12 November 1880.

Provenance
No concrete information has surfaced to date as to the identities of the either the vendor who put these seven Tasmanian carte-de-visite prisoner photographs to auction in December 2024, or indeed of the cashed-up buyer: comments therefore pertaining to either entity here are speculative and are not to be used in attributing provenance. Two questions naturally arise: were the cdv's from a private collection, or were they de-accessioned from a public institution? A third question will also arise, going back over their history, are they or were they ever stolen government property?

Absent from the verso or recto of Thomas Wilson's cdv and absent as well from the versos of the other six copies of these prisoners' photographs taken in the 1870s are any mid-to-late 20th century accession numbers, stamps or markings used by libraries and museums, which suggests strongly these six particular copies of the other identical copies already extant in public collections have survived in the private collectables market for 150 years - or hidden somewhere in a public institution. Even if the prisoner's image in these seven rather well-worn cdv's is blurred and degraded from repeated copying, poor storage and handling, it survives as an historical fact attesting to his status at that time as prisoner, information useful not just to past generations and those now, but to future generations who will pause over them with new questions pertinent to their own specific circumstances. 

Regardless of its condition, each of these prisoners' photographs - from the first sitting to the artefact it has become today - has passed through at least five significant stages, fulfilling a set of different purposes at every stage. Perhaps each transition is best demonstrated by using one prisoner's image as an example from the group of the seven Lots sold as cdv's at Leski's auction, 7 Dec. 2024, that of Lot 361, Thomas Wood or Key:

Stage 1: the one and only real photograph, 1873
The prisoner Thomas Wood, transported as Key for 7 years from London on the Lady Nugent, departing 12 July 1836, sat for his mugshot taken by Thomas J. Nevin, the contracted photographer, on Wood's arraignment at the Supreme Court Hobart and incarceration next door in the Hobart Gaol between 15-18 July 1873. He was 60 years old, sentenced to six years' imprisonment for housebreaking and larceny.

This photograph was one of four prints made by Nevin, either as an uncut group of four captured on the one negative using a four tube camera, or duplicated separately as one image using a single lens. In NSW the police photographer was required under regulations introduced in 1873 to print 15 photographs. The four required by Tasmanian authorities would first be framed in an oval mount and printed in carte-de-visite format. One was then pasted to the prisoner's rap sheet and held at the Hobart Gaol, one was placed in the Municipal Police Office's Photo Books at the Hobart Town Hall, and the others would be sent to suburban, regional and rural police stations wherever the prisoner was assigned to work on discharge (FS - free in servitude).



Forty prints of Tasmania prisoners from negatives by T. J. Nevin 1870s
Offered for sale by J. W. Beattie ca. 1916 at his "Port Arthur Museum" located at 51 Murray Street, Hobart (Tas)
QVMAG Collection: Ref : 1983_p_0163-0176

This is an uncut print from the glass negative of Thomas Wood, transported per Lady Nugent as Key. Photograph taken by T. J. Nevin at the Hobart Gaol 15-18 July, 1873. The scratchings indicate damage from broken glass, ink spillage and multiple printings over several years to the 1900s. The number "134" is visible (when flipped) at lower right.



Thomas Wood's print is second from left, bottom row. The original glass negatives were used to print these, 40 in all, by John Watt Beattie and his assistant Edward Searle in the early 1900s. The prints were pasted onto green carboard in one of three panels displaying similar prints of prisoners: 14 on the first, 14 on the second, and 12 on third, totalling 40 prints. Each panel was headed in Searle's handwriting with the claim that these were Imperial prisoners funded by the British government and that they were photographed at Port Arthur: “Types of Imperial Convicts - Photographed at Port Arthur" though neither claim was correct. The three panels were catalogued for sale from John Watt Beattie's collection in 1916 and remained there unsold. Where had he found the negatives? In government records held at the Hobart Gaol, to which he had ready access as a commissioned photographer promoting tourism of Tasmania's landscapes and penal heritage to intercolonial/interstate visitors.

POLICE GAZETTE NOTICE 1873



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

Stage 2: the carte-de-visite prison reprints 1873-1882
Thomas Wood or Key was discharged from the Hobart Gaol in January 1878. His photograph may have been taken again on discharge but more likely it was reprinted from Nevin's original glass negative held at the Hobart Gaol in the photographer's room. He was soon back in court a year later,



Carte-de-visite photograph of prisoner Thomas Wood or Key
Printed from T. J. Nevin's negative, Hobart Gaol, 1873
NLA Catalogue (incorrect information)
Title from verso: "Thomas Wood or Key, native, taken at Port Arthur, Tasmania, 1874"
Extent: 1 photograph on carte-de-visite mount : albumen ; 9.3 x 5.6 cm.
Link: https://nla.gov.au/nla.obj-142915467

POLICE GAZETTE NOTICES 1878 -1882


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

Thomas Wood+s or Key per Lady Nugent was discharged from the Hobart Gaol in the week ending 30 January 1878. He may have been photographed again on discharge, or more likely, a new print from the photographer's original negative was produced. One of those new cdv's may be the very clean one of two held at the TMAG.



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

Thomas Woods, per Lady Nugent, 63 years old, was convicted at Bothwell (Tas) and sentenced to 12 months for larceny from a dwelling during the week ending 28 December 1878. Because his sentence was longer than 3 months, he was transferred back to the Hobart Gaol where this offence would have been added to his old rap sheet with his cdv already pasted to it.



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

Here is Thomas Wood, now gazetted by police as Wood+s or Key+s per Lady Nugent, 66 years old, 5ft 7½ins tall, discharged from Oatlands (Tas) where he was tried on 8 June 1882, sentenced to 3 months for being idle and disorderly. Remarks show he was lame and disfigured, with scars and a broken nose.

Stage 3: Beattie and the tourists, 1900s-1930s
A visitor to Tasmania in 1916 with the South Australian Commission was so affronted by John Watt Beattie's commercialism when he "wandered into the Port Arthur Museum" in Hobart, he sent a letter to the Mercury.

He wrote:
"There are three rooms literally crammed with exhibits ... The question which pressed itself on my mind time and again was, how comes it that these old-time relics which formerly were Government property, are now in private hands? Did the Government sell them or give them away? The same query applies to the small collection in a curiosity shop at Brown's River. Whatever the answer may be, I hold the opinion that the Government would be amply justified in taking prompt steps to repossess them, even though some duplicates may be in the State Museum. Today the collection is valuable and extremely interesting. A century hence it will be priceless. It would surely be unpardonable to allow it to pass into the hands of some wealthy globe-trotter which is the fate awaiting it, unless action be taken to secure it to the State."

Mercury 3rd February 1916, letter to the editor
Edward Lucas, MLC, Legislative Council, Adelaide.



Advertisement ofr Beattie's Port Arthur Museum, 51 Murray St. Hobart
QVMAG Ref: 1986_P_1223

Stage 4: the TMAG deposit from the QVMAG 1983
A crisp and clean copy, 150 years old?



This cdv was originally held at the QVMAG. The number "164" was written in 1983 for an exhibition at the Port Arthur Historic site. The cdv was then deposited at the TMAG.



Prisoner Thomas Wood or Key: cdv held at the Tasmanian Museum and Art Gallery, Hobart.
Verso inscribed with the same information as the Leski auction item, minus the number "134"

Two identical clean copies are held in the Tasmanian Museum and Art Gallery Collection in addition to the copy at the NLA. This was most likely sourced from the QVMAG in July 1983 along with 50 or more prisoner cdv's for display at an exhibition at the Port Arthur historic site, after which it was not returned to Beattie's collection at the QVMAG, it was deposited instead at the TMAG. The recto was pencilled underneath the image with the number "164" - the new number used to catalogue it at the QVMAG in the removal. It is listed it as missing in the 2005 inventory (see section below, The Messy 1980s, last paragraph).

The number "134" on the other copies verso is missing or has been rubbed out on this verso which looks so clean, it may even be a reprint from the 1980s.

Collections: TMAG Q15608.1 & TMAG Q15608.2; QVMAG QVM: 1985_P_0145; NLA obj-142915467

Stage 5: auctioned at Leski's Melbourne, 7.12.2024
When will we see you again?



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219818/

An official record listing the error that Thomas Wood or Key was "native" - i.e. born in Tasmania - must have been held somewhere when all these copies in cdv format were transcribed verso by the collector/archivist in the 1890s with the same number "134" and the phrase "Taken at Port Arthur 1874" - with one exception. The TMAG copy (above) has no number verso; a new number instead has been pencilled under the image on the front. The Hobart Gaol and MPO, Town Hall, however, had their facts straight about Thomas Wood, transported as Thomas Key. Perhaps relatives or descendants of Thomas Key from Nottinghampshire (UK) were hoping to suppress his criminal history prior to transportation. Or, the error was simply the result of his alias "Thomas Wood" used after arrival not appearing on early records. The other cdv copies all bear verso the number "134" used by the photographer: it appears on the 1873 uncut print from the negative on lower right (see above).

John Watt Beattie's commercial imperatives
Copies of all six cdv's bearing the 1890s-1900s inscription "Taken at Port Arthur 1874" written for the tourists are already extant in public collections. For example, five copies are held at the NLA (Henry Williams, George Wilson, Thomas Wood or Key, Robert West, Charles Ward), two are held at the TMAG (Thomas Wood and Robert West) and one is held at the QVMAG (Alexander Woods). Black and white paper copies of the whole collection held at the QVMAG were made in the 1970s for the State Library of Tasmania's collection.

Only the seventh in the Leski's auction group, the cdv of Thomas Wilson, Lot 360 is unaccounted for in public collections, which would suggest it has come from a private collection and because of its rarity realized the highest hammer price by the bidder (on behalf of a public collection) at the auction's conclusion.

The verso inscriptions on all of these seven prisoner cdv's (and on the versos of three hundred or more extant in national collections) were added by convictarian, photographer and government contractor John Watt Beattie with his assistant Edward Searle. He salvaged a handful of Nevin's original glass negatives (which seem to have disappeared) and a large number printed in cdv mounts from the photographers' room above the women's laundry at the Hobart Gaol before it was demolished in 1915. He removed just about all of them from the prisoners' rap sheets and presented them as tourist souvenirs, even reproducing both uncut and cdv items for sale at exhibitions. At his "Port Arthur Museum" in Hobart some were displayed in small groups on the walls pasted to carboard, others were arranged in alphabetical order by surname in albums.



Beattie's "Port Arthur Museum" 51 Murray St. Hobart
Room 1: the red arrow points to prisoner photographs arranged on cardboard.
Source: Tasmanian Museum and Art Gallery

A very telling aspect of the provenance of the seven cdv's in Leski's auction is the fact that all seven prisoners' surnames begin with "W": Ward, Wilson x 2, Wood, Woods, Williams, and West. It seems likely therefore that these seven cdv's were taken from the tail-end of a collection arranged alphabetically when each mugshot was inserted (a long time ago) into leaves of a 19th century leatherbound album, the type commonly used for family collections.

One such album holding convict mugshots is on display in this photograph (lower left) taken in the 1930s at Radcliffe's Port Arthur museum of convict curiosities called The Old Curiosity Shop. Radcliffe acquired his stock from John Beattie shortly before Beattie died in 1930 or soon after probate before several tons from his estate were consigned to the Queen Victoria Museum and Art Gallery in Launceston.



Caption: The Port Arthur Museum was cluttered with exotic and convict-era items (Supplied: PAHSMA).
Source: ABC online: Port Arthur tourism legacy is proud product of Radcliffe family collection


Propped up next to the album in this photograph is a cardboard display of 14 cdv mugshots of the same prisoners whose cdv's were pasted to a new display and framed under glass by the TMAG in the late 1990s. These and another three frames displaying 23 prisoner cdv's were incorrectly attributed as photographs of "Port Arthur convicts" taken by the Port Arthur prison commandant A. H. Boyd and sent to Canberra in 2000 for the exhibition titled Mirror with a Memory at the National Portrait Gallery.

The album at lower left in this photograph taken at Radcliffe's museum was probably from Beattie collections and would have been on display in Beattie's "Port Arthur Museum" 51 Murray Street Hobart where the visitor would be encouraged to browse them for their criminal ancestor's name, or their own family names, so of course the "W"s would appear at the back of each volume. The visitor might even want to purchase one, which is why Beattie et al wrote the name of the prisoner, the ship on which he was transported and "Taken at Port Arthur 1874" on the back of every cdv, providing visitors with the perfect souvenir at small cost - but they would not be allowed access to the criminal records - the rap sheets from which he had removed many originals - because that information might be too shocking.

John Watt Beattie's copies of 1870s "convict" photographs taken from Tasmanian government property and presented to the Edwardian tourist ca.1890s-1930s are commercial artefacts inscribed with patently incorrect information on versos. They are not "real" in the same sense as the originals produced for police and prison administration by T. J. Nevin in situ with the prisoner at the Hobart Gaol 30 years earlier.

Current research
No known works or collections list prisoner Thomas Wilson's cdv. Catalogued copies of the other six prisoner cdv's are extant in collections at the Queen Victoria Museum and Art Gallery Launceston Tasmania (QVMAG), the National Library of Australia, Canberra (NLA) and the Tasmanian Museum and Art Gallery, Hobart Tasmania (TMAG). Another group of twelve prisoner photographs, concurrent with these six cdv's, is held in T. J. Nevin's name at the State Library of NSW, Sydney.

Research about these six mugshots posted to this site is available at the following URLs and at https://thomasnevin.com :

Henry Williams, ship Governor Phillip; Collection: NLA P1029/48
Number on verso: 36 Henry WILLIAMS per Gov Phillip
Read more here: https://tasmanianphotographer.blogspot.com/2009/01/williams-henry.html

Alexander Woods, ship London; Collections: QVMAG 1985:P:97 & QVMAG 1985:P:160
Number on verso: 28 Alexander WOODS per London
Read more here: https://prisonerpics.blogspot.com/p/the-qvmag-prisoners-collection_23.html

Thomas Wood or Key, native : Collection: TMAG Q15608.1 & TMAG Q15608.2; QVMAG QVM: 1985_P_0145; NLA obj-142915467
Number on verso: 134 Thomas WOOD or KEY Native
Read more here: https://prisonerpics.blogspot.com/2009/01/prisoner-thomas-wood-as-key_19.html

Thomas Wilson alias Murphy, ship David Clark; No collection record
Number on verso: 108 Thomas WILSON or MURPHY per "Dd Clark"
No known public or published resource

George Wilson, ship Lord Lyndoch 3; Collection: NLA P1029/50
Number on verso: 269 George WILSON per Ld Lyndoch 3
Read more here: https://tasmanianphotographer.blogspot.com/2009/01/wilson-george-aka-white.html

Robert West, ship Gilmore; Collections: TMAG Q15591 & NLA P1029/69
Number on verso: 97 Robert WEST per Gilmore
Read more here: https://prisonerpics.blogspot.com/2015/08/rogues-gallery-tasmanian-museum-and-art_23.html

Charles Ward, ship Moffat 2; Collection: NLA P1029/46
Numbers on verso: 312 & 313 Charles WARD or HAY per Moffat 2
Read more here: https://prisonerpics.blogspot.com/2009/01/prisoner-charles-heys-hayes-or-ward_19.html

The cdv of Thomas Wilson (alias Murphy?), ship David Clark is unaccounted for in any public collection. It may have been kept on a leaf inside a thick oval frame in a typical 19th century family album after acquisition from Beattie's estate. The QVMAG had a similar album housing 1870s mugshots which were sighted there by descendants of Thomas Nevin in the mid 1980s. Also sighted at the National Library of Australia by Nevin descendants was the same or a very similar album of Tasmanian mugshots which was possibly sourced from the QVMAG and donated (or loaned) in the mid 1980s by John McPhee, the curator of the 1977 exhibition there featuring 70 mugshots from the same Beattie collection, all correctly attributed to photographer, government contractor and civil servant Thomas J. Nevin.

The messy 1980s
Each of these cdv's taken in the 1870s was numbered verso in the same hand that wrote a sequence number above the prisoner's name, name of the ship on which he arrived in Van Diemen's Land (before 1856 when transportation ceased - VDL was named Tasmania on 1 January 1856) and the phrase - "Taken at Port Arthur 1874" - purely in the name of 1900s dark tourism. John Watt Beattie exhibited and offered them for sale at his "Port Arthur Museum" in Hobart to tempt the Edwardian tourist to visit the ruins of the Port Arthur prison 60 kms south of Hobart, renamed Carnarvon on the Tasman Peninsula. His exhibitions coincided in the first decades of the 20th century with the release of two film adaptations in 1908 and 1927 of Marcus Clarke's 1870/1874 novel For The Term of His Natural Life. The visitor might even be offered a part as an extra at locations around Port Arthur while the films were in production.

Neither the date 1874 nor the location, Port Arthur written on the versos of these cdv's reflects the actual occasion, circumstance, offence, prison, court or date of each of these prisoner's one and only sitting with photographer T. J. Nevin for police and prison records in the years 1872-1876 (his contracts of 14 years ended in 1886). The inscriptions were written by John Watt Beattie and his assistant Edward Searle on more than 300 similar mugshots which they "salvaged" from the Hobart Gaol; most but not all were acquired by the QVMAG soon after on Beattie's death in 1930. A dozen or more were acquired ca. 1907 on the death of  private collector David Scott Mitchell which are now held in the Mitchell Collection, State Library of NSW, Sydney (SLNSW PXB 274). Every one of the 12 (plus two more identifiable as prisoner cdv's taken by Nevin at the Hobart Gaol) luckily escaped the wording on verso "Taken at Port Arthur 1874" which may help in dating the event which inspired that inscriber's mistaken diligence.

Private collectors have expanded the national collections with donations. For example, the late Dr Niel Gunson (1930-2023) contributed at least 8 Tasmanian prisoner cdv's to the National Library of Australia (NLA) from "archival estrays" (pers. corr.) in the 1960s and 1980s. The current seven cdv's sold at Leski's auction (7 December 2024) may have been submitted from Dr Niel Gunson's private collection by his executors.

Most of the NLA holdings of Tasmanian prisoner photographs in T. J. Nevin's name were received ca. 1982 in an album from the 1977 QVMAG exhibition, although photographs ostensibly from that album were not accessioned until 1995, by which time the provenance was supposedly forgotten. John McPhee, curator of the QVMAG 1977 exhibition indicated that this album was offered first to the National Gallery of Victoria ca. 1982 and then forwarded to the NLA a year or so later (pers. comm, NGA 1984). That album was still intact in 2000: the cdv's were still positioned in mounts on album leaves and was not dismantled until entered into two more Canberra exhibitions that year: In a New Light and Heads of the People.

Many of these Tasmanian prisoner mugshots (styled "convict portraits" in tourism discourse as the 20th century progressed) which are held at the National Library of Australia are copies of the same prisoner photographs held at the Queen Victoria Museum and Art Gallery, Launceston (QVMAG); the Tasmanian Museum and Art Gallery (TMAG), and the Archives Office of Tasmania (AOT) in Hobart. This simple fact underscores the extensive catalogue revisions since the mid 20th century from the first of these copies made by Beattie ca. 1890- 1900 which the QVMAG acquired in 1930. Their copies bear the catalogue dates of 1958, 1977, 1982, 1985, 1987 and 2005 for a digital database.

Another private collector, photo-historian Chris Long spent a few weeks at the QVMAG, Launceston in July 1983 on a short research grant while preparing entries for the TMAG's Directory of Tasmanian Photographers 1840-1940 with editor Gillian Winter (1995). Chris Long re-photographed as black & white prints every one of the 40 uncut cdvs of prisoners which were pasted to those same three panels offered for sale by Beattie from his catalogue in 1916 (see the panel with Thomas Wood or Key's mugshot above).

The 1870s originals of those 40 uncut cdvs were reprinted in sepia by John Watt Beattie, re-assuringly titled "Photographed at Port Arthur" for the tourist, and pasted on three panels for exhibition and sale in 1916. Chris Long fogged out the cracks and scratches on the sepia originals in the process of making black and white copies for reasons only known to himself, since they serve no purpose. Also for reasons known only to himself, he sought to muddy their provenance as the work of T. J. Nevin's and their primary function as police mugshots by suddenly proclaiming, without proof of any kind, that the Commandant at Port Arthur, A. H. Boyd, had taken those very same photographs, contradicting historical evidence and experts in the field. No photograph of prisoners or of any other subject in any genre was ever attributed to the non-photographer A. H. Boyd prior to Chris Long's long game of gambling his reputation on this fanciful "belief." He was deliberately misinformed by the exhibitors of the 70 or so "convict" photographs they sourced from the QVMAG (Wishart) and the TMAG (Clark) in February 1983 for a "gallery" display during the Port Arthur Conservation and Development Project (PACDP). Hoping to talk up the importance of Port Arthur, especially for a World Heritage nomination, they faked a photographic attribution of those Hobart Gaol mugshots taken by T. J. Nevin to assert the Port Arthur commandant A. H. Boyd photographed prisoners (as some sort of Sunday hobbyist, apparently), a fanciful notion without proof or substance or any kind but which sadly persists as touristic spin for visitors to Port Arthur to this day.



Source: QVMAG ref: QVM: 1985_P_0145

Above: The original sepia uncut photograph taken in 1873 by T. J. Nevin of prisoner Thomas Wood or Key (see Stage 1 above), now cleaned of scratches and damages, reproduced in b&w by Chris Long at the QVMAG in 1983.

Just possibly, Chris Long "borrowed" three cdv's from an album at the QVMAG of the seven "TASMANIAN CONVICT PHOTOGRAPHS" offered at Leski's auction on 7 December 2024 purely for reference while preparing his TMAG publications and forgot about them, although he did admit to having a few items by Nevin in a box in his garage (pers. corr. 1984), so three or more known to be in a private collection (Clark 2010: 79) may well have been offered at Leski's auction from the "private collection" of Chris Long.

A selection of the QVMAG collection of these mugshots was exhibited at the Art Gallery of NSW in 1976 and at the QVMAG in 1977 as the work of Thomas J. Nevin . All of the prisoners in the photographs mounted as cdvs had been named by that date - some incorrectly - by archivists either for the 1934 exhibition in memory of John Watt Beattie and his convictaria collection, or by the curatorial staff there in 1958, in 1977, in 1983-5, and 1991 - dates which appear either on the versos or in the accession sheets of public institutions which received Nevin's originals produced for police or Beattie's copies. The Archives Office of Tasmania holds similar images, both originals and copies, and some are of unidentified prisoners, although the same man in the same print is identified in the QVMAG collection. All men pictured in the mugshots held at the National Library of Australia in Canberra - and many picture the same men as those listed in the QVMAG and TMAG collections - were identified on accession in 1962, 1982 and 1985, including the identity of the photographer T. J. Nevin, indicating clearly that the NLA received its collection from Tasmania.

Between February and April 1983, a selection of 70 cdv's from Beattie's collection of mugshots held at the QVMAG Launceston were removed and exhibited at the Port Arthur prison site south of Hobart for the Port Arthur Conservation and Development Project (PACDP). To keep track of them, each was numbered in pencil on the front mount underneath the prisoner's image. Those numbers do not correspond to the original numbers written on the versos by Beattie in the early 1900s. After the exhibition, 50 or so of those cdv's exhibited at Port Arthur in 1983 were not returned to Beattie's collection at the QVMAG, they were deposited instead at the TMAG in Hobart. The list of 200 cdv's drawn up in the 1980s with these new numbers recto as QVMAG property shows 127 were missing, dispersed to state libraries and museums etc, and 72 were remaining. The list can be viewed here.

RELATED POSTS main weblog

Thos J. Nevin, juror on the Casimaty case, SC Hobart, 1918

George CASIMATY's fish saloon 1918
Thomas J. NEVIN, juror, Supreme Court 1918
Xenophobia: Greek, Chinese businesses attacked
Military Police Tasmania 1912-1918

George JOYCE: the face of racism



"Like an ignorant and vicious man you tried to bait these foreigners, thinking to get fun out of abusing them. You ought to know, and the public ought to know that this man and any other foreigner is as much entitled to the protection of the law as any others, and shall be so so far as this court is concerned. I have frequently noticed in this Court and elsewhere of vicious, ignorant people thinking it good sport to abuse and bait Chinese and other foreigners."
On sentencing George Joyce to 12 months' imprisonment in the Casimaty Case
The Solicitor-General, Supreme Court Hobart 15 October 1918

Thos J. Nevin, juror on the Casimaty Case
It was either photographer Thomas James Nevin senior (1842-1923) resident of 270 Elizabeth St with a business at 279 Elizabeth St. Hobart, who was chosen for jury duty on the Casimaty case heard in the Supreme Court Hobart on 15 October, 1918, or it was his eldest son by the same name, Thomas James Nevin junior (1874-1948), bootmaker of 236 Elizabeth St. Hobart, known as Tom Nevin and "Sonny" to family.

Given that the names of two other members of the twelve-man jury - viz. Jacob Triffett, jun and Julian G. Brown, jun were indicated as "junior" and Thos Nevin  wasn't - where "jun" conventionally signified they were sons with the same name as their respective fathers - it may well have been Thomas J. Nevin senior who sat in the juror's box on this case. He had signed the birth registrations of his children with the same abbreviation of his name -  "Thos J. Nevin" - from 1872 on the first child's certificate (May's) to the last child's (Albert's) in 1888, with the exception of Tom's birth registration in 1874 which his father-in-law Captain James Day signed while he was away on business at Port Arthur. He was still listing his occupation as "photographer" when he signed youngest son Albert's marriage certificate to Emily Maud Davis in 1917,  and he was buried with the occupation "photographer" on his death records. It now seems possible from family memorabilia that Thomas J. Nevin snr collaborated with photographer Peter Laurie Reid during the 1890s-1911 up to Reid's death, aged 78 yrs in 1911 at Reid's property, 4 Andrew St. around the corner from Newdegate St. North Hobart where four of the Nevin adult children would settle at No's. 23-29 on their father's death and where they would remain until the death of the eldest (and unmarried) daughter May Nevin in 1955.

With the death in 1914 of his wife Elizabeth Rachel (Day) Nevin, mother of their six children to survive to adulthood, their eldest child May (Mary Florence Elizabeth) Nevin (1872-1955) stayed with her father to care for him at their residence, 270 Elizabeth St. Hobart where he died in 1923. From about 1913 and up to his death in 1923, Thomas J. Nevin snr was operating a livery yard and stables business at 279 Elizabeth St. where he was assisted by his youngest son Albert Edward Nevin (photo below) whose successes as a young trainer and reinsman of pacers at the racetracks in Launceston and Hobart were regularly noted by the press. So, when called for jury duty to sit on the Casimaty case in 1918, Thomas J. Nevin snr was selected as a registered business owner of a livery yard and stables which kept and boarded horses for owners who paid a weekly or monthly fee.

Nine (9) Tasmanian residents were listed with the surname NEVIN in Wise's Tasmanian Directory for 1913; all but two were members of the Nevin clan living in the north of the island and unrelated to the other two in the south - Thomas J. Nevin snr, who registered his livery business at 279 Elizabeth St. Hobart, and his wife Elizabeth Rachel (Day) Nevin, who was listed as Mrs E, 270 Elizabeth St, Hobart where they both resided and where Elizabeth Nevin died in 1914.



Mrs E, 270 Elizabeth St, Hobart
Nevin, Thos J, liv stble, 279 Eliz st. Hobt

Wise's Tasmanian Directory for 1913
Archives Office Tasmania
Link:https://libraries.tas.gov.au/Digital/AUTAS001126438076/AUTAS001126438076P1913PDF

Albert E Nevin, with horse 1914

Youngest son of Thos Nevin snr, Albert E. Nevin (1888-1955) at Nevin's livery stables, 279 Elizabeth St. Hobart
Verso inscribed "To Miss E. Davis, From Mr. A. Nevin, 1914"
Unattributed; black and white; cardboard frame
Copyright © KLW NFC Imprint Private Collection 2020

1918: the Casimaty Case
On 15 October 1918 before noon, a crowd of 30 to 50 people gathered outside Gregory Casimaty's fish shop and dining saloon at 35 Elizabeth Street, Hobart from where George Joyce had emerged and was attempting to kick in the shopfront window. This act of malice followed the scene inside the cafe where Joyce had sought to game the Greek proprietor and his assistant Basil Castrissos by refusing to pay for his meal and those of his two companions - his brother and another. Casimaty locked the doors until Joyce finally handed over 2 shillings but once outside, Joyce began kicking at the shop window. Gregory Casimaty attempted to stop him but was struck by Joyce's brother. Military Police Officer Dalziel claimed in court to have witnessed George Joyce smash the window on his third attempt at kicking it in and could corroborate Casimaty's evidence. Two more military police, P.O. McHare and Henry McNally corroborated Dalziel's evidence. The crowd, however, saw the situation in a different light by the time Gregory Casimaty had chased George Joyce up the street to the Empire hotel, caught him and pinned him down. Someone in the crowd struck the military policeman and pulled Casimaty off Joyce who then escaped and ran off towards Murray Street where he was spotted by army serviceman Private Sellars. Two local police constables, Hill and Godfrey arrived and arrested George Joyce on being identified as the offender by his victim Gregory Casimaty.



Source: Daily Telegraph (Launceston, Tas. : 1883 - 1928), Saturday 7 December 1912, page 6

TRANSCRIPT
MILITARY POLICE
As the State authorities have refused to allow their police to see that the compulsory training obligation under the Defence Act is enforced, the Minister for Defence has established a. form of military police. Under this arrangement Tasmania will have one sergeant-major who will receive £204 a year. The Minister offered the State police £6 a year, but most of the State Governments thought that it was not enough.

Source: MILITARY POLICE (1912, December 7). Daily Telegraph (Launceston, Tas.), p. 6
Link: https://nla.gov.au/nla.news-article152481861

The presence of military police on Hobart's streets was evidence of the State's refusal to train regular police under the Defence Act. With the loss of young men to military service at the Great War in Europe (1914-1918), the regular police force was both compromised and diminished. Their evidence in this case was discounted by George Joyce's defence attorney, Mr. O'Brien, who sought sympathy from the jury for Joyce as "a hard-working man, and the sole support of a widowed mother". Thos Nevin snr and the eleven other members of the jury were not swayed. They took just fifteen minutes to deliver their verdict of guilty.

Trial of George JOYCE, 15 October 1918
Source: SUPREME COURT. (1918, October 16). The Mercury (Hobart, Tas. : 1860 - 1954), p. 7.
Link: https://nla.gov.au/nla.news-article11413316

TRANSCRIPT
SUPREME COURT.
HOBART CRIMINAL SITTINGS.

At the criminal sittings of the Supreme Court yesterday, Mr Justice Crisp presided.

The following jury was empanelled :-
Joseph Bradley (foreman), John Marney, Theodore Batten, Wm. E Smith, Wm H. Cripps, Thos. J Nevin, Jacob Triffett, jun., Jos. Nichols, Sydney Alomes, Jas. Gallagher, Wm. Reynolds, Julian G. Brown, jun.

George Joyce was charged with having wilfully and maliciously damaged the window of Gregory Casimaty's fish saloon at 35 Elizabeth-street, Hobart, on August 17, 1918. Accused pleaded not guilty.

The Solicitor-General (Mr. Chambers) prosecuted, and Mr. O'Brien appeared for the defence.

The Solicitor-General pointed out that the damage amounted to £18 10s.

Gregory Casimaty, restaurant-keeper, of 35 Elizabeth street, stated that accused, after having had supper with three other men, refused to pay. Witness then instructed one of his shop assistants to close the door, and informed accused that if he did not pay the police would be called in. After threatening witness, accused struck at one of the restaurant assistants - Basil Castrissos.

Finally accused paid 2s., and went outside with his brother, and began to swear and invite witness outside to fight. Accused's brother attempted to strike witness while accused kicked at the window three times. At the third kick he broke it, and ran away. Witness followed him, and caught him outside the Empire Hotel, where accused fell. Witness held him down awaiting the police. A military policeman came up and assisted witness. One of the crowd struck the military policeman, who then let Joyce go. The crowd pulled witness away from accused, who escaped up Elizabeth street. At 12 pm witness, in consequence of a summons, saw the accused at the corner of Murray and Bathurst Street and identified him as the person who had broken his window.

In reply to Mr. 0'Brien, witness said disturbances were not frequent in his restaurant, as a result of his hasty temper. The accused and his brother had not paid for their supper until they were threatened with the police. At the time of the breaking of the window there were between 30 and 50 people outside the shop.

Basil Castrissos, assistant at Casimaty's restaurant said that when he asked the accused and his brother for payment, the brother said, "I have no money to pay you, but if you want a fight, I will fight you." Subsequently they went out after paying, and accused said "If you do not come out and fight , I will smash your window." Thereupon, he made three kicks at the window. The last smashed it. Witness corroborated Casimaty's evidence from this stage.

In reply to Mr. O'Brien, witness said he was not the cause of the disturbance. He saw accused break the window.

P.O. Dalziel, military policeman, said he saw accused break the window, From this stage he corroborated Casimaty's evidence.

P.O. McHare, military policeman, corroborated Dalziel's evidence. He said he accompanied him on the night of the disturbance.

Henry McNally, military policeman, corroborated Dalziel also. He said he was satisfied beyond doubt that the accused was the man who broke the window.

Constable Hill stated that accused was pointed out to him on the corner of Liverpool and Elizabeth streets at 12 pm by Private Sellars. Accused then ran off to towards Murray street, and was taken in a lane off that street a few minutes later. Accused refused to move until Casimaty and Constable Godfrey came up.

Constable Godfrey testified that he had arrested, and took him to the police station.

Gregory Casimaty, recalled, gave evidence that the window was 3ft from the asphalt.

The Solicitor-General, addressing the jury, said there was no question that the breaking of the window was deliberate and malicious. The evidence showed that accused had made three kicks at the window. The fact that he ran off when the damage was done strengthened the belief that he was guilty. Each witness deposed that he had seen accused break the window.

Mr. O'Brien, addressing the jury, said it was not likely that accused could make three kicks at the window without being molested and prevented by Casimaty, or Castrissos. He discounted the evidence of all the witnesses for the Crown.

His Honor in summing up said the only question the jury had to decide was whether accused was the guilty party. The accused man and his companion has meanly tried to cheat Casimaty, and when asked to pay maliciously broke his window, that was if the evidence of the Crown was to be believed, the question hinged entirely, it would appear, on identity, and five witnesses had deposed that they saw accused kick at the window. It would be a peculiar thing if Casimaty was trying to do business in the city and abusing his customers, as counsel for the defence had suggested.

The jury, after a quarter of an hour's retirement, returned a verdict of guilty.

Mr O'Brien pleaded in mitigation of penalty that accused was a hard-working man, and the sole support of a widowed mother.

His Honor sentenced the prisoner to 12 months' imprisonment, and said: - "Your unmanly and vicious action of August 17 caused a considerable disturbance. I have no doubt that this trouble arose from the fact that you tried to defraud a foreigner of what was justly due to him. Like an ignorant and vicious man you tried to bait these foreigners, thinking to get fun out of abusing them. You ought to know, and the public ought to know that this man and any other foreigner is as much entitled to the protection of the law as any others, and shall be so so far as this court is concerned. I have frequently noticed in this Court and elsewhere of vicious, ignorant people thinking it good sport to abuse and bait Chinese and other foreigners.

Source: SUPREME COURT. (1918, October 16). The Mercury (Hobart, Tas. : 1860 - 1954), p. 7.
Link: https://nla.gov.au/nla.news-article11413316

Chinese businesses in Hobart
The Solicitor-General's reference to the abuse of Chinese businesses in particular in his summing up and sentencing of George Joyce would suggest similar cases of racism were frequently reported to police and tried in the courts. The newly formed Federal Parliament's introduction of the Immigration Restriction Act of 1901 officially sanctioned racism in so much as it sought to keep Asians and Pacific Islanders out of a "white Australia".

White Australia badge

Brass ‘White Australia’ protection badge, 1906.
The words ‘population’, ‘production’, ‘progress’ and ‘protection’ appear on the other side.
Source: National Museum of Australia
Link: https://www.nma.gov.au/defining-moments/resources/white-australia-policy

Despite decades of insults and abuse, even murder, (see this post about prisoner Daniel Davis 1883, 1892 and 1897), the Chinese who had established businesses in Hobart before the 1901 Immigration Act continued to operate as fruiterers, green-grocers, market gardeners, tobacconists, gift and fancy goods retailers, and industrial laundries. For example, by 1918 these businesses in Elizabeth St. and surrounds would no doubt have experienced the sort of racism metered out to Gregory Casimaty at his fish saloon by the likes of George Joyce:
Ah Chung Mrs, tob & fcy gds, 96 Eliz st, Hobart
Chung-Doo W, grngrcr, 45 Bathurst st, Hobart
Chung J, fncy gds, 77a Eliz st, Hobart
War Shing, lndry 302 Eliz st Hobart
Lee Ping, laundry 394 Eliz st Hobart
Chong W Y, frtr, 71 Harrington st, Hobart
Goong Peter L, greengrocer, 103 Murray st Hobart
Ah Toy, Albert rd, Moonah
Ah Wak, mkt gdnr. 10 Forster st, New Town
Chinese businesses in Elizabeth St. Hobart and surrounds
Source: 1917-1918 Wises' Tasmanian Directory
Archives Office Tasmania
Link:https://libraries.tas.gov.au/Digital/AUTAS001126438076P1918PDF

George Joyce's rap sheet, 1913-1918

George Joyce mugshots 1918

Photo No. 506c, 18-10-1918
Mugshots of George JOYCE, profile with cap, full-frontal no hat, pasted to rap sheet below:

Joyce, George rap sheet 1918

Rap sheet: George JOYCE
Archives Office Tasmania. Link:https://libraries.tas.gov.au/Digital/GD63-1-5P493

George JOYCE, Hobart Gaol record 1918
DETAILS TRANSCRIBED from page 60408.
Joyce, George. Native, Free. R&W. [read and write]. Single.
Photo no. 506s.
F.P. Class m [Finger print class male] 13/18 R/A (00/.) 21

Trade: Plasterer's labourer
Religion: R.C. [Roman Catholic]
Height: 5ft 10 in
Weight: 10st [stone], 12½ lbs[pounds]
Date of birth: 26/3/1894 [3 March]
Complexion: Fresh
Head: Med [medium]
Hair: Brown
Whiskers: - [none]
Visage: Oval
Forehead: Broad
Eyebrows: Brown
Eyes: Grey
Nose: Med large
Mouth: Small
Chin: Deep
Native Place: Hobart
Marks: Indistinct tattoo marks including G. J. , left forearm. Large scar on same arm below tattooing, dot between left thumb index finger & ring on left little finger.
8.7.13 P.O. Hobart - Disturbing the peace - Fined £1 & costs
11.2.14 Ditto - Indecent language - Fined 10/- or 7 days
15.10.18 S. C. Hobart - Maliciously damaging property - 12 months

George JOYCE, Police Gazette notice 1918

SC record 1918 George Joyce

Police Gazette Tasmania October 25, 1918. Page 205.
Tasmania police gazette for police information only
Link:https://libraries.tas.gov.au/Digital/POLICEGAZETTE/POL709-1-46P207

The key details included in this notice were transcribed directly from George Joyce's rap sheet:

Conviction for the offence of maliciously damaging property, sentenced to 12 months.
Native of Tasmania, a plasterer's labourer by trade, born 1894.
Height 5ft 10in.
Fresh complexion, brown hair, grey eyes, large nose.

Previous Gazette reference, 1918, p.180.
Distinguishing marks and Number of photograph: indistinct tattoo marks, including G. J. on left forearm, large scar on same arm below tattooing, dot between left thumb and index finger, ring on left little finger. Photo No. 506c.

Resources: the Casimaty family

Biographies

1. Companion to Tasmanian History
Source: https://www.utas.edu.au/library/companion_to_tasmanian_history/C/Casimaty%20family.htm

[Photo: Bill Casimaty, Senate candidate 1975 (AOT, PH30/1/5051)]
The Casimaty family first visited Australia when Georgios Kasimatis (1866–1959) worked in Sydney, 1891–96. He returned to Greece, but sent his four children to Australia. All ended up in Tasmania.

Georgios' oldest son Gregory (1890–1972) came to Sydney in 1905 and arrived in Hobart in 1914. He bought a fruit shop and turned it into a restaurant, the Britannia Café, but the brothers, Gregory, Anthony (1897–1977) and Basil (1902–1962), were best known for their wholesale and retail fishing enterprises. Casimaty Bros' fish shop (1918) was a Hobart landmark for decades. They were also among the pioneers of the crayfish and scallop industries, exporting crayfish to Sydney.

The brothers were extremely successful, playing a major role in Hobart commercial life, and Gregory and his wife Katina were particularly known for their philanthropy. Many other family members joined them in Hobart. In the 1940s the family began purchasing farming properties: Llanherne and Acton at Cambridge, Strathayr at Richmond, Christianmarsh at Bothwell, and Stockman at Kempton. Strathayr became particularly well-known for Bill Casimaty's flourishing instant lawn enterprise.

Further reading: H Kalis, Casimaty family, 1891–1996, Hobart, 1996.
Helen Kalis. Copyright 2006, Centre for Tasmanian Historical Studies

2. Australian Dictionary of Biography
Source: https://adb.anu.edu.au/biography/casimaty-anthony-george-9978

CASIMATY BROTHERS: Gregory George (1890-1972), Anthony George (1897-1977) and Basil George (1903-1962), fishermen, fishmongers and restaurateurs, were born on 6 January 1890, 15 March 1897 and 2 February 1903 at Kithira, Greece, sons of Georgios Grigoriou Kasimatis (d.1959), farmer, and his wife Stamatina, née Kastrisios. The brothers received an elementary education and, with their father's encouragement, emigrated separately to Australia.

Gregory left Greece in 1905. Arriving in Sydney, he washed dishes at the Acropolis Café for nine months, spent several years in the fruit trade in Queensland and in 1911 came back to Sydney. In 1914 he went to Hobart where, with Peter Galanis, he established the Britannia Café in Elizabeth Street; next year he took over the business in partnership with his brother Anthony. Casimaty Brothers initially leased, then bought the premises occupied by their café and by the fish shop which they had added. By 1918 they had expanded into cray-fishing, exporting their catch to Sydney, and they later pioneered the scallop industry in Tasmania. Appointed fishmongers to the governor Sir James O'Grady, the brothers expanded their partnership to include Basil.

In 1928 Gregory returned to Kithira, married Katina (Kathleen) Haros and brought her to Tasmania. He visited New Zealand in 1935 to open the firm's crayfish markets there. The Casimatys developed seine-fishing in Australian waters, commissioning the trawler, Nelson, and acquiring the Margaret Twaits. In 1941 the Tasmanian Fisheries Board of Enquiry investigated allegations of monopolizing and of environmental damage by Casimatys' fishermen, only to find the claims unproven. Anticipating better markets, the brothers sent the boats to Sydney, but became disillusioned when Victor Vanges, skipper of the Margaret Twaits, was drowned off Eden and the trawlers were commandeered for war service in New Guinea.

During the Depression the Casimatys had provided hundreds of Christmas dinners for the needy and promoted a free-milk scheme for schoolchildren. In World War II the family supported the Tasmanian branch of the Australian Red Cross Society; for his contribution to the international organization, Gregory was awarded the Red Cross medal of Greece (1946) and the Silver Cross of Phoenix (1950). In 1945 Gregory's case against the Federal government for attempting to tax and to raise loans under the national security regulations was settled out of court.

Hobart's Greek Orthodox Church of St George was built in Antill Street in 1957 on land provided by the Casimatys. The family also gave land on Kithira for an old people's home which was named Kasimateion in their honour. Among the first Greeks to settle in Tasmania, the Casimatys supported later immigrants from their homeland and fostered Greek-Australian relations.

Portly and 5 ft 6 ins (168 cm) tall, Gregory was known for his hospitality and for his practical jokes. He was an active member (from 1936) of the Rotary Club, Hobart, he supported the Tasmanian Society for the Care of Crippled Children and he was foundation president (1953) of the Greek Community of Hobart and Tasmania. Kathleen shared her husband's community involvement; a life member of Elizabeth Street State School Mothers' Club and of the Inner Wheel Club, she was a member of Task Force Action for Migrant Women and acted as a volunteer interpreter for many years. Ill health obliged Gregory to retire in 1965. Survived by his wife, two sons and four daughters, he died on 22 March 1972 at Sandy Bay and was buried with Greek Orthodox rites in Cornelian Bay cemetery.

Anthony sailed from Greece in 1912 and worked in Sydney cafés before joining Gregory in Hobart in 1915. Anthony returned to Greece in 1931 where, two years later, he married Adamantia (Manty) Haros, sister of Gregory's wife. Back in Hobart, he was a member of the Chamber of Commerce and often acted as spokesman for the retail fish industry. A life member of the Goulburn Street State School Mothers' Club, Manty was a volunteer medical interpreter for the Greek community for forty years. Immaculately dressed and with impeccable manners, Anthony was small and rather shy, yet he had boundless energy, enjoyed life and indulged a passion for hunting. After some fifty years in the fish shop, he retired in 1967. Survived by his wife, two sons and two daughters, he died on 14 March 1977 at Sandy Bay and was buried in the same cemetery as his brothers.

Basil joined his brothers in Hobart in 1923, but went back to Greece in 1929 to care for their ageing parents. While there, he married Panagiota (Nota) Tzoutzouris in 1935; they were to remain childless. The couple came to Tasmania in 1939. Basil soon left the partnership to open the California Fruit Co. in Hobart. During the 1940s he purchased Stockman, a property at Kempton, on which he ran cattle and sheep, while Nota managed the fruit business. Responsible for introducing Greek films to Tasmania, he was president of the Greek Community of Hobart and Tasmania (1958-60) and of the Olympia Soccer Club. Survived by his wife, he died of a coronary occlusion on 18 August 1962 at Sandy Bay and was buried in Cornelian Bay cemetery.

Select Bibliography
G. V. Brooks, 30 Years of Rotary in Hobart (Hob, 1955)
Fisheries Newsletter, 7, no 1, Feb 1948
Mercury (Hobart), 27 Dec 1930, 10 Dec 1935, 23 July, 24 Dec 1941, 20 Aug 1962, 23 Mar 1972
Casimaty family papers (privately held).
Citation details
Anne Tucceri, 'Casimaty, Anthony George (1897–1977)', Australian Dictionary of Biography, National Centre of Biography, Australian National University, https://adb.anu.edu.au/biography/casimaty-anthony-george-9978/text17139, published first in hardcopy 1993, accessed online 28 August 2024.
This article was published in hardcopy in Australian Dictionary of Biography, Volume 13, (Melbourne University Press), 1993

Films and Photographs
This film Coastal scallop fishing in southern Tasmanian waters was made by the Tasmanian Film Corporation in the 1940s. It documents the journey of scallops from being caught at sea to their sale on the waterfront and at Casimaty Bros.' fish shop in Elizabeth St. Hobart. The film has no sound and in parts is in poor condition, but it is well worth a viewing.

View online: https://libraries.tas.gov.au/Digital/AB869-1-965
Link: https://libraries.tas.gov.au/Record/Archives/AB869-1-965



Screenshot: The Casimaty Bros' shop sequence appears at 15.02. Watch to the end - there is a little joke from the original editors who run the film in reverse showing three men in a restaurant drinking beer and eating scallops and then undrinking the beer and uneating the scallops. The final frame shows a profile photograph of King George VI, father of Queen Elizabeth II.



Screenshot: a woman buying scallops from the boat at Constitution Dock, Hobart.



Screenshots: Casimaty Bros' sign, shopfront and customers, 35 Elizabeth St. Hobart, Tasmania





1. Film - Coastal scallop fishing in southern Tasmanian waters, including inspection from the Sea Fisheries vessel 'Allara' of legal size limits, selling scallops on the Hobart waterfront, Casimaty's fish shop, and IXL canned scallops.
Item Number: AB869/1/965
Further Description: 16ECINEG 16mm internegative, colour, no sound 18min 24sec, poor condition 480 ft. No.2 internegative D.F.P. Original record: 4092.
Start Date: 01 Jan 1940
End Date: 31 Dec 1949
Source: Tasmanian Archives
Format: film
Creating Agency: Department of Film Production (TA178) 01 Jan 1960 31 Dec 1977
Tasmanian Film Corporation (TA179) 01 Jan 1977 31 Dec 1982
Administrator, Tasmanian Film Corporation (TA1021) 01 Jan 1983 31 Dec 1993
Series: Films and Videos Produced and Acquired by the Agency (AB869) 01 Jan 1950 31 Dec 1995
View online: https://libraries.tas.gov.au/Digital/AB869-1-965
Link: https://libraries.tas.gov.au/Record/Archives/AB869-1-965

2. Film - Tasmanian Magazine Number 6 - Strathyr Mushrooms (Casimaty's) - violin maker Gordon Triffitt - mini motor racing model cars - shot tower jeweller Max Sawbridge. Sponsored by Tourist Department.
Item Number AB869/1/2707
Series Films and Videos Produced and Acquired by the Agency (AB869)
Start Date 01 Jan 1961 End Date 31 Dec 1962
Format film
View online AB869-1-2707https://youtu.be/BV9lFOvIFF8

3. 35mm colour transparency - Hobart - Elizabeth Street - Casimaty's "City Fish Supply" - shop front - March 1977
Item Number:NS3373/1/310
Further Description: Reproduction of the images to acknowledge Margaret Bryant as the photographer.
Start Date:01 Apr 1976 End Date: 01 Mar 1980
Source: Tasmanian Archives
Format: photograph
Creating Agency: Margaret Bryant (NG2652)01 Jan 1950 Series: Margaret Bryant Photographs (NS3373) 01 Apr 1976-01 Mar 1980
View online: https://libraries.tas.gov.au/Digital/NS3373-1-310/NS3373-1-310



Casimaty's City Fish Supply shopfront with fish shop rain pouring down (inside) the window displaying fresh fish, poultry and rabbits, photographed in 1977 (M. Bryant). The sign "THIS IS A METRIC SHOP" referred to the introduction of decimal currency to Australia in February 1966. 

Paper documents

4. Hobart- Premises of G. Casimaty- Complaint re. Nuisance Caused by Scallops and others
(vide report of Sergent Challenger)
Item Number: HSD1/1/3292
Start Date:04 Mar 1938 End Date:16 Dec 1938
Source: Tasmanian Archives
Format: file/volume Creating Agency: Department of Public Health (TA19)

5. Artwork, negatives, mock-ups for labels, stationery, containers, publications for Casimaty's Cafe
Item Number: NS1211/1/44
Start Date:01 Jan 1920
Link: https://libraries.tas.gov.au/Record/Archives/NS1211-1-44