Tag Archives: convict transportation

1789: Ann Davis, the first woman hanged at Sydney Cove

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The first woman hanged in colonial Australia was Ann(e) Davis, on this date in 1789.

Convicted in London “for feloniously stealing, on the 27th day of April, eight pair of silk stockings, value 8s. the property of James Atkinson,” Davis was one of 101 female convicts transported to Sydney Cove with the First Fleet aboard the Lady Penrhyn.* Davis would have been in the crowd of onlookers the year before when the fledgling colony conducted its very first execution.

This spectacle did not un-sticky Davis’s fingers, for she was sentenced in Sydney Cove for again plundering wardrobes to the tune of

four linen shirts of the value of twenty nine shillings and six pence; one cheque shirt of the value of four pence; one linen waistcoat of the value of two shillings; two cambrick handkerchiefs of the value of three shillings; one silk waistcoat of the value of two shillings; one dimety waistcoat of the value of eighteen pence of the goods and chattels of the said Robert Sidaway; and one linen bed gown of the value of two shillings; one linen apron of the value of eighteen pence; two linen caps of the value of sixpence; one piece of a cap of the value of one penny; one muslin handkerchief of the value of six pence; and one pair of linen pockets of the value of one penny of the goods and chattels of Mary Marshall in the same dwelling house.

Davis attempted to plead her belly, failing to impress a jury of matrons impaneled to scrutinize her for pregnancy.

Seaman Jacob Nagle piteously recorded her end:

Some time after this, one of the wimen [Ann Davis] stole some wet clothes and was condemned and hung. She strove to bring a free man in guilty that belonged to our ship that was on duty on shore, it being proved by a number of witnesses that he was innocent and new nothing of it. Otherwise, she might have been saved, as the Governor left it to Captain Hunter, but he would not for give her, and when brought to gallos, leading her by two wimen, she was so much intocsicated in liquor that she could not stand without holding her up. It was dreadful to see heir going to aternity out of this world in such a senceless, shocking manne.

As noted by Australia’s Dark Heart the experience of dispatching this creature might have been especially traumatizing to the colony’s unwilling executioner James Freeman — for he was found roaring drunk a few days later and punished with 100 lashes.

* After discharging its human cargo, the Lady Penrhyn proceeded upon further circulating in the Pacific and the Far East; in 1788, she sighted and named the Cook Islands atoll of Penrhyn.

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1727: Three at Tyburn

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Daniel Defoe* once summarized early 18th century England’s class strata as

  1. The great, who live profusely
  2. The rich, who live plentifully
  3. The middle sort, who live well
  4. The working trades, who labour hard, but feel no want
  5. The country people, farmers, etc. who fare indifferently
  6. The poor, who fare hard
  7. The miserable, that really pinch and suffer want.

These ranks of “poor” and “miserably poor” were quite enormous in the 18th century, with something like a tenth of the population subsisting below the “breadline” even when the harvests were good.

It is arguably the struggle to control this lot that brings us that era’s notoriously aggressive “Bloody Code” of hanging laws; certainly the law flaunts its class character openly in many particular capital statutes such as the Black Acts to enforce rural enclosure and harsh laws against labor organizing.

The heaving of these great swells could not but drown a great many already struggling to keep their heads above the waves. And our visit this week to the Ordinary of Newgate brings a sad quartet of Tyburn hangings culled from that fringe of disposable young men “that really pinch and suffer want.”

Thomas Johnson, alias “Handy”

Handy’s nickname tells us something about the progress of his life, for (according to the Ordinary) in his infancy “his Right Arm and Hand had been bruis’d, so that being distorted, they decay’d and were only of the bigness of a Child’s Arm and Hand, neither had he the Use of them, having no strength and scarce any Motion in them.”

Abandoned to be succored by the Stepney parish poor relief around the age of three, Handy was considered able-bodied enough to be dropped from the rolls once he hit adolescence — and maybe the gentlemen of Stepney had a point, for Handy once set to shift for himself “turn[ed] Thief and Housebreaker … [and] made considerable proficiency, and turn’d dexterous in his Profession.” But he had a near-impossible task of finding honest work: city and country were everywhere awash in working poor ready to hire who had two good hands.

Eventually one of Handy’s misadventures caught him a sentence to convict transportation — which was yet another juridical innovation of the Hanoverian age for managing the mother country’s vast underclass. But transportation, a sort of mercantile slavery in the colonies, depended for its part on a market for the human cargo and our man’s crippled arm again militated against him. Handy would lament this again at the very gallows, where he

exclaim’d against one who Transported Felons, saying that after he had caused them to Work for him in these foreign Countries; he brought them Home to England in the same Ship which he had carried them off; and that the Reason of his returning was, because No body would Buy him, and that he must have starv’d there and that when at Home he had no way to get his Bread because he wanted his Right Hand to enable him for Work.

This act — returning from convict transportation — itself constituted a capital crime. And when arrested again, Handy confessed it, almost whimsically. He would tell the Ordinary that he was wearying of life and anticipated additional indictments, but the record of the trial suggests that he sent himself to the gallows to revenge himself on the informers who would have made evidence against him in hopes of pocketing a reward: “the Prosecutors thought to hang him for the sake of the 40 Pounds allowed by the Government, but he would baulk their Expectations, for he would be hanged for returning from Transportation according to Law.”

Samuel Hammond

In comparison to Handy, Samuel Hammond had it made.

Apprenticed to a man named Thomas Barker, Hammond had a path to Defoe’s “working trades” class (“who labour hard, but feel no want”), undone by a youth’s impulsiveness. One day when Barker chastised him — “You Blockhead you’ll break the Drill, why don’t you use the Pliers” — Barker grabbed a sword and stabbed him through the ribcage. Barker’s son arrived to find the apprentice brandishing the weapon over his fallen father, “saying to the Decesed [sic], D – n your B – d you Son of a B – h I’ll kill you; upon which then Deceased said, you have done it already.”

The Ordinary reported that Hammond was tearfully repentant and insisted even before his conviction on joining chapel services for the condemned. The only grievance he could point to against his master besides that “blockhead” burn was that he was sweet on a maid in the house whom Barker had also “corrected … for a Fault” months before. We hear this frightened young man through the Ordinary here, so one can only guess whether our surviving account elides a longer litany of domestic cruelty for the boy or the maid.

“Luckily” Samuel Hammond did not suffer the ignominy of hanging for all that: he fell grievously ill in the pestilential Newgate cells, and “after that Sentence of Death was pronounc’d upon him, he was never able to rise and go to Chappel, but lay in a high Fever, to Thursday, the 7th of September, when about 11 o’Clock at Night he expir’d.”

Henry Chaplin and Peter Boother

These housebreakers each blamed the other as well as several other confederates (one of them still at large, plus two others who had given evidence against them) as the principal authors of the robbery that did them in. Oh, sure, they were there, invading Daniel Lyver’s house — where the gang “in a violent Manner broke the Windows, burst open the Window-Shutters and the Door, took the Goods mentioned in the Indictment, and beat him [Lyver] at the same Time with much Barbarity” — but (each said) he’d been there urging all his accomplices to come away and not steal all the pewter. Each carried that eye-rolling story from trial to gallows.

Chaplin was about 27; his father had tried to teach him his trade of “Ribband-weaving” which suggests (as does his surname) that his family might have been among the Huguenot weavers who escaped France’s religious crackdown decades before. He must have been a restless sort, for instead of sweltering over a loom he joined the army around age 15, perhaps about the right timing to put down the Jacobites, and afterwards basically went adrift in London’s criminal substratum. There he led “a very vicious Life … much addicted to Drinking, Swearing, and Whoring.”

His companion in the Lyver home and at the triple tree was Peter Boother, “about 21 Years of Age, descended of honest but very poor Parents, about 14 Miles from this Town his Father having been a mean Labourer in the Country.” The Ordinary does not give us a clear picture of Boother’s path into the felonious way of life, merely that he was young, penniless, and completely uneducated; combined with Boother’s tearful susceptibility to the Ordinary’s preaching, it suggests an impressionable youth, malleable to the forces around him which happened to be those of vicious want. (Chaplin, the Ordinary noticed, “appear’d to be a Man of more Resolution than his Companion, being more compos’d and settled in his Behaviour.”)

* Defoe had a few thoughts on the death penalty, too.

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1788: Thomas Barrett, the first hanged in Australia

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On this date in 1788, Thomas Barrett became the first person legally executed in Great Britain’s Australian colonies when he hanged at Sydney Cove for stealing from government stores. It was barely a month after the First Fleet had arrived from England to found the penal colony.

More than just a milestone, Barrett packed an amazing criminal career into the few years he surfaces for us in the documentary record.

Our man was condemned to death in 1782 for stealing a silver watch, the first of three death sentences he would hear. That sentence was reprieved in favor of convict transportation, a system which had ground to a halt with the American Revolution and still awaited the creation of the Australian pipeline.

In 1783, a convict hulk that had been rejected by the now-independent North American colonies, the Swift, mutinied. Barrett would meet survivors of that mutiny who were stashed away with him on the Censor, one of the earliest of the Thames’ frightful stationary convict hulks where reprieved felons awaited their deportation.

In 1784, Barrett and one of the Swift mutineers, Charles Kellan, rebelled once again on their next convict transport ship, the Mercury — earning Barrett his second death sentence, and his second reprieve. Three more years on the fetid hulks ensued while legislators* and cartographers stroked their beards over Britain’s next move in the convict transportation game.

And this is when Australia the prison was invented. That First Fleet Barrett arrived on was a flotilla of eleven ships carrying 700 or so prisoners was it, the literal first European colony Down Under.

Besides being a man of spirit and enterprise, as his mutiny showed, Barrett was a skilled craftsman who enlivened the tiresome trip around the world by fashioning little metallic mementos. The journal of the ship’s surgeon John White narrates with more admiration than censure an escapade off the coast of Brazil that revealed Barret’s talent for counterfeiting.

This morning a boat came alongside, in which were three Portugueze and six slaves; from whom we purchased some oranges, plantains, and bread. In trafficking with these people, we discovered, that one Thomas Barret, a convict, had, with great ingenuity and address, passed some quarter dollars which he, assisted by two others, had coined out of old buckles, buttons belonging to the marines, and pewter spoons, during their passage from Teneriffe. The impression, milling, character, in a word, the whole was so inimitably executed, that had their metal been a little better, the fraud, I am convinced, would have passed undetected. A strict and careful search was made for the apparatus wherewith this was done, but in vain; not the smallest trace or vestige of any thing of the kind was to be found among them. How they managed this business without discovery, or how they could effect it at all, is a matter of inexpressible surprise to me; as they never were suffered to come near a fire; and a centinel was constantly placed over their hatchway, which, one would imagine, rendered it impossible for either fire or fused metal to be conveyed into their apartments. Besides, hardly ten minutes ever elapsed, without an officer of some degree or other going down among them. The adroitness, therefore, with which they must have managed, in order to complete a business that required so complicated a process, gave me a high opinion of their ingenuity, cunning, caution, and address; and I could not help wishing that these qualities had been employed to more laudable purposes.

Duly impressed, White found that more laudable purpose by commissioning Barrett to create a medallion celebrating the arrival of their vessel to Australian soil. This Charlotte Medal from Barrett’s hand is one of the most celebrated artifacts of Australian colonization; it depicts the Charlotte at anchor in Botany Bay with a narration on the reverse of its long journey from home:

Sailed the Charlotte of London from Spit head the 13 of May 1787. Bound for Botany Bay in th Island of new holland arriv,d at Teneriff th4 of June in Lat 28 13 N Long 16 23 W depart,d it 10 D’, arriv,d at rio janeiro 6 of Aug in Lat 22,54 S Long 42,38 W, depart,d it the 5 of Sep’ arriv,d at the Cape of good hope the 14 Oct’ in Lat 34 29 S Long 18 29 E depart,d it th13 of Nov’ and made the South Cape of New Holland the 8 of Jan 4 1788 in Lat 43,32 S Long 146,56 E arrivd at Botany Bay the 20 of Jun’ the Charlotte in Co in Lat 34.00 South Long 151.00 East distance from great Britan Miles 13106

But Barrett’s legitimate artistic career was as brief as it was scintillating.

The colony had a tight supply situation and its isolation and heavy convict population seemed to Governor Arthur Phillip to demand the strictest discipline, like that of a ship upon the sea: any significant failure of order could imperil the entire project. He assembled the little colony in early February to impress upon all that stealing rations would be harshly punished.

White, again, in his entry of February 27, 1788:

Thomas Barrett, Henry Lovel, and Joseph Hall, were brought before the criminal court, and tried for feloniously and fraudulently taking away from the public store beef and pease, the property of the crown. They were convicted on the clearest evidence; and sentence of death being passed on them, they were, about six o’clock the same evening, taken to the fatal tree; where Barrett was launched into eternity, after having confessed to the Rev. Mr. Johnson who attended him, that he was guilty of the crime, and had long merited the ignominious death which he was about to suffer, and to which he said he had been brought by bad company and evil company. Lovel and Hall were respited until six o’clock the next evening. When that awful hour arrived, they were led to the place of execution, and just as they were on the point of ascending the ladder, the judge advocate arrived with the governor’s pardon, on condition of their being banished to some uninhabited place.

As the infant colony had scarcely prioritized establishing an executioner right off the boat, one of Barrett’s fellows was pressed into the disreputable role. Another narrative underscores the tension this incident must have created among the convicts, half-starved and under the lash on the empire’s most distant moon. “The unhappy wretches were conducted wt. a party of Marines walking before them … with a large party of Marines drawn up opposite the Gallows … in case an insurrection should take place … & all the Convicts were summoned to see the deserved end of their Companions.” Hall and Lovel’s pardons should probably be read in this light; Phillip had a job to enforce obedience without triggering rebellion and once he had established the firmest precedent wisely reflected that the quality of mercy blesseth him that gives and him that takes. Two other thieves (of wine, in their case) named Daniel Gordon and John Williams were likewise condemned on the 29th of February only to be spared for banishment instead.


A small marker at Sydney’s Circular Quay commemorates Barrett’s execution. (cc) image by mazzle278.

Barrett is an important character in the BBC drama Banished.

* The Home Secretary who orchestrated the pivot to Australia was the Viscount Sydney: hence, the Australian city of Sydney.

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1773: Four convict labor escapees in Maryland

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We owe this date’s post, as with a number of others on this site, to Anthony Vaver, proprietor of the superb (albeit recently dormant) Early American Crime blog.

Vaver wrote the book on pre-Revolutionary War convict transportation to the Americas, and we were directed to the men featured today in a post Vaver ran on one of the most common resistance strategies — running away.

Being shipped out of Britain to the American colonies where they faced years of involuntary labor and the prospect of being bought and sold like slaves, convicts could hardly fail to ponder the advantages of escape.

Many did more than ponder: colonial newspapers are rife with adverts for absconded convict laborers, whose descriptions of the fugitives also make for a rich source on the everyday accoutrements of the 18th century working class. Pictured here are a very few arbitrarily chosen samples of the genre:

Such self-liberation did not always entail slipping away in an unsupervised moment: more direct means were occasionally employed, a fantasy that many surely entertained counterpoised by the threat of violent state reprisal. The four men who hanged together at Frederick, Maryland, made bold to put the dream into bloody actuality.

These men had been purchased by a merchant specializing in the convict labor trade — part of “a parcel of convicts” as the New York Gazetteer matter-of-factly described it (Aug. 5, 1773) which Archibald Moffman obtained “in order to dispose of them again to advantage.”

Instead it was Moffman who was disposed of. As Moffman and his nonplussed workingman retinue traveled through Maryland,

about two or three miles on the other side of Frederick-Town, one of the servants told his master that he was too much fatigued to go any further; they therefore all rested themselves on an old tree by the side of the main road. After some time, Moffman told them they must proceed on their journey, but they refused and immediately threw him backwards over the tree, dragged him about five steps into the woods, and then cut his throat from ear to ear; took his pocket book and then went over the mountain, calling at every tavern on the road.

But while the proximity of wilderness and the mutability of identity in the 18th century potentially facilitated escape, the colonies’ sparse habitation also made it harder to disappear into the obscurity of plain sight. Maryland was one of the most populous of the New World jurisdictions with barely 200,000 souls in 1770. It wasn’t that everybody knew everybody, but at such scales one could only go so long without engaging by chance the recognition of some acquaintance or busybody.

Seen in this light, the decision of our murderous fellows to call at every tavern on the road looks a mightily ill-considered course of action for men who ought to have felt the scourge of desperation at their backs. At one of these watering-holes, someone who had noticed these convict laborers on the road recently as they accompanied the yet-unkilled Moffman now ran into them sans oversight, and made inquiries — justifiably skeptical of the “parcel’s” story that their owner was following a few leisurely clicks behind. Failing to find Moffman on his way down the road, he sent up an alarm and the cutthroat tipplers were soon detained. Confession, conviction, and execution all followed within a matter of weeks.

The newspaper stories about this quartet do not so much as mention their names.

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1721: John Meff

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John Meff hanged at Tyburn on this date in 1721 for returning from convict transportation.

If we are to credit the autobiographical account that Meff furnished the Ordinary of Newgate prior to his hanging, it was the last act in an adventuresome life. (Here’s the Ordinary’s account of the execution of Meff with three other men; here’s the Newgate Calendar entry based upon it, and which provides the quotes ensuing in this post.)

“I was born in London of French parents,” Meff begins — Huguenots who had fled Catholic harassment.

Huguenot refugees formed an important part of London’s Spitalfields weavers, and Meff apprenticed in this business until he could hang out his own shingle. But finding business too slow to support his family, he took to a bit of supplementary thieving.

Meff says that he had already once been condemned to death for housebreaking “but, as I was going to the place of execution, the hangman was arrested, and I was brought back to Newgate.”

Certainly the era’s executioners had frequent criminal escapades, but I have not found this remarkable Tyburn interruptus related in any press accounts in the 1710s. It’s possible that Meff is embellishing on the 1718 downfall and execution of hangman John Price — though Price was seized red-handed and not detained in the exercise of his office. This inconsistency has not prevented creation of a wonderful illustration, The Hangman Arrested When Attending John Meff to Tyburn, from this volume.

At any rate, Meff’s sentence was moderated to transportation to the New World, and he says that he “took up a solemn resolution to lead an honest and regular course of life … But this resolution continued but a short time after the fear of death vanished.”

Here Meff’s story really gets colorful — whether to the credit of the unsettled Atlantic economy or to the teller’s gift for embroidery we cannot say.

The ship which carried me and the other convicts was taken by the pirates. They would have persuaded me and some others to sign a paper, in order to become pirates; but we refusing, they put me and eight more ashore on a desert uninhabited land, where we must have perished with hunger, if by good fortune an Indian canoe had not arrived there. We waited till the Indians had gone up the island, and then, getting into the vessel, we sailed from one small island to another, till we reached the coast of America.

Not choosing to settle in any of the plantations there, but preferring the life of a sailor, I shipped myself on board a vessel that carried merchandise from Virginia and South Carolina to Barbadoes, Jamaica, and other of his majesty’s islands. And thus I lived a considerable time; but at last, being over-desirous to see how my wife and children fared inEngland, I was resolved to return at all adventures.

Once back, Meff says, he “quickly fell into my former wicked practices” — as if by gravity, no further explanation ventured. It’s hard not to suspect that he simply managed to escape his American indenture to continue a career in larceny, absent the whole marooned-by-pirates subplot. Men were known to tell tall tales to the Ordinary — who, after all, had their own story to sell the public through the deaths of their charges.

“The narrow escape he had experienced from the gallows ought to have taught him more wisdom than to have returned from transporation before the expiration of his time; but one would think there is a fatality attending the conduct of some men, who seem resolutely bent on their own destruction,” the Newgate Calendar’s entry concludes.

“One truth, however, is certain. It is easy, by a steady adherence to the rules of virtue, to shun that ignominious fate which is the consequence of a breach of the laws of God and our country.”

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1789: Not Mary Wade, 11-year-old thief

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Thanks to Aaron Molyneux for the guestpost. It’s just an excerpt of a much more detailed treatment Molyneux first made of this case on PrisonVoices.org. I’ve made a handful of minor edits to compress this excerpt, and added or moved some links. -ed.

On Wednesday the 14th of January 1789 Mary Wade stood in court at the age of just 11 years old and received the verdict that her life was to be cut short. For the robbery of one cotton frock, a linen tippet and a linen cap she was found guilty and sentenced to hang. Judged to have committed an adult’s crime, she would face an adult’s punishment.

Although in modern Britain theft may seem a quite unremarkable crime, in Mary Wade’s age robbery was dealt with by extreme punishment. The court suggested that Mary’s theft was equal to “holding a pistol to the breast of a grown person”. Whether or not Mary Wade was aware of the hard-lined punishments given to those who stole remains unknown but having committed a very similar crime at the age of eight, only to get away with it because of her young age, she did know it was a crime and therefore it would seem that there was an air of desperation about Mary’s actions.

Sentenced to die by hanging Mary was taken away from her mother and marched out of the Old Bailey. For a girl of Mary’s age this situation must’ve been a frightening ordeal. Being sent to Newgate prison was not for the faint hearted. It was a vile place deemed so unhealthy that Physicians often refused to go in. By the time Mary entered, Newgate was London’s main jail and Mary joined many others waiting to be hanged before huge crowds outside the prison doors. Arriving in irons Mary would have been faced with open sewage, disease and lack of water. It would be a shock to the system for anybody never mind an eleven year old girl. If those entering had enough money they would enter the Master’s side or the press yard where they would have beds, heat and have their irons removed. But those who could not afford would be thrown into the Common Felons side. These would go without bedding or proper clothing and be forced to slum in the overcrowded, rat-infested cells. Mary almost certainly would have been with the fellow women convicts in the Common Felons side.

More than likely alone, vulnerable and scared Mary would spent a total of ninety three days waiting to be marched out in front of the baying crowds which gathered outside the prison walls to watch convicts hang for their crimes. Ninety three days in which she would wait for her death.

Then, on the 16th of March 1789, in celebration of King George III‘s recovery from madness, Mary Wade’s death sentence was respited along with all other condemned women. Instead of hanging, she would be transported to New South Wales on the convict ship Lady Juliana.

Read on at Prison Voices for more on Mary Wade’s offense, and for her story as a transported convict — where she became the ancestor of a huge number of latter-day Australians.

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1880: Andrew Scott and Thomas Rogan, bushrangers

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On this date in 1880, Andrew George Scott and Thomas George “condemned to death for the part they took in the outrage at Wantabadgery, resulting in the death of constable Bowen, were executed at Darlinghurst Gaol.”


Andrew George Scott, aka Captain Moonlite (top); Thomas Rogan (bottom)

Scott is our main man here, an Anglican lay reader turned grifter turned flat-out outlaw with the nom de plunder “Captain Moonlite”: one of the strangest characters in Australia’s criminal annals.

How did a fellow with such a family-friendly alias end up involved in an “outrage”?

This colorful, charismatic immigrant (from Ireland, via New Zealand — and, legend has it, with a side trip to Italy to fight with Garibaldi) became a notorious public figure when, in outlandish masked getup, he robbed the bank of the South Victoria gold rush town of Mount Egerton.

His distinctive voice — remember, he was a parish reader — was recognized by his erstwhile friend at the other end of the gun, but Scott brazenly reversed the accusation and actually had his victim in the dock for a time. This Mount Egerton crime is the source of the man’s luminescent nickname, after the signature placed on a stickup note.

When he got out of prison in 1879 — having defended himself with panache, and escaped once along the way — he had a public profile, and actually got out on the lecture circuit for a brief spell.

But he soon returned to the annals of preposterous criminality.

Gathering five young followers, Moonlite went full-time into the bush. Allegedly spurned in a bid to join Ned Kelly‘s gang, Moonlite et al sought work at Wantabadgery Station.

When this refuge, too, turned them away, the outlaws found themselves in a rather pathetic state of hunger and desperately seized the place by main force. The resulting “outrage” was not a wholesale plunder of the station or wanton abuse of the prisoners (no rapes, no murders … although Moonlite did conduct a kangaroo “trial” of one of his hostages for attempting to escape: the verdict was not guilty): it was the inevitable ensuing shootout with police in which the bushrangers James Nesbitt and Augustus Wernicke died, along with the constable Bowen.

Two of the other three who survived this shootout also survived their brush with the law by blaming Captain Moonlite. The “Captain” may have been plenty eager to accept this fatal inculpation for reasons beyond those of mere honor.

In his prolific prison correspondence awaiting execution, Scott avowed his broken-hearted love for James Nesbitt, one of the two companions who had been killed in the shootout. The terms are astonishingly explicit for the time.

“My boy with a golden heart who died trying to save me … He was my constant companion; we had the deepest, truest bond of friendship. We were one heart and soul, he died in my arms and I long to join him, where there shall be no more parting. He died in my arms; his death has broken my hear. When I think of my dearest Jim, I am nearly driven mad. My dying wish is to be buried beside my beloved James Nesbitt”

Scott hanged wearing a ring of the late Nesbitt’s hair,* but his wish to share a burial plot was not honored — until Captain Moonlite was exhumed and reburied in 1995.


(cc) image from AYArktos.

* Asserted in Who’s Who In Gay and Lesbian History from Antiquity to World War II.

Part of the Daily Triple: 1880 and Death.

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1726: Mary Standford, shunning convict transportation

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(Thanks to Anthony Vaver of Early American Crime for the guest entry, reposted from a fascinating entry in his series on convict transportation. Vaver is the author of Bound With An Iron Chain: The Untold Story of How the British Transported 50,000 Convicts to Colonial America. -ed.)

Mary Standford was convicted of privately stealing a shagreen pocket book, a silk handkerchief, and 4 guineas from William Smith on July 11, 1726. After her conviction, she strongly rejected transportation to the American colonies as an alternative to execution.

Early Years

Standford was raised just outside of London by good parents who sent her to school and educated her in the principles of Christian values. Standford, however, showed more interest in the “Company of Young Men,” so she was sent to London to become a servant, where she lost several positions due to her behavior. In her last position she was seduced by a footman, which subsequently forced her into prostitution.

Standford quickly fell in company with Mary Rawlins, “a Woman of notorious ill fame,” and the two of them walked the streets between Temple Bar and Ludgate-Hill looking to empty the pockets, one way or another, of gullible men. Later, they had considerable success targeting sailors who, after returning from their voyages, had money to spend for their favors. Standford eventually married a man with the last name of Herbert, but after a year and a half she left him or, by her account, he abandoned her. Soon afterward, she had a child out of wedlock from another man, who was a servant.

Standford’s Arrest

With two mouths to feed, Standford set out to practice prostitution on her own, and it was then that she was arrested for theft. William Smith, who brought her to trial and was surprisingly frank in his testimony, related that he was walking along Shoe Lane after one o’clock in the morning when he was approached by Standford, who offered him to “take a Lodging with her.” He spent 2 or 3 three hours with her, all the while ordering drinks to be brought up from downstairs. He soon realized that he was missing money, and when he confronted Standford about it, she bolted from the room.

A constable caught Standford running away from Smith in the street. He picked up one of Smith’s guineas after Standford had dropped it, and he found another in her hand and two in her mouth. He also discovered Smith’s handkerchief and pocket book on her. In his testimony, the constable called Smith a “Country Man” and described him as very drunk at the time.

Standford’s version of the event was quite different. She claimed that Smith was drunk when she met him, and that he forced himself up to her room. There, he placed the four guineas one by one in her bosom and then threw her onto the bed. In the struggle, she speculated that his pocket book must have fallen out of his pocket, and when she discovered it after he left, she ran after him to return it. Not believing her story, the jury found her guilty, and she was sentenced to death.

A Rejection and a Defense of Transportation

After receiving her sentence, Standford’s friends pleaded with her to ask for a pardon in exchange for transportation. Standford refused, “declaring that she had rather die, not only the most Ignominious, but the most cruel Death that could be invented at home, rather than be sent Abroad to slave for her Living.”

The author of the Lives of the Most Remarkable Criminals was baffled by Standford’s position and presents a lengthy defense of the institution of convict transportation:

such strange Apprehensions enter into the Heads of these unhappy Creatures, and hinder them from taking the Advantage of the only possibility they have left of tasting Happiness on this side the Grave, and as this Aversion to the Plantations has so bad Effects, especially in making the Convicts desirous of escaping from the Vessel, or of flying out of the Country whither they were sent, almost before they have seen it. I am surpriz’d that no Care has been taken to print a particular and authentick Account, of the Manner in which they are treated in those Places; I know it may be suggested that the Terrour of such Usage as they are represented to meet with there, has often a good Effect in diverting them from such Facts as they know must bring them to Transportation, yet . . . if instead of magnifying the Miseries of their pretended Slavery, or rather of inventing Stories that make a very easy service, pass on these unhappy Creatures for the severest Bondage. The Convicts were to be told the true state of the Case, and were put in Mind that instead of suffering Death, the Lenity of our Constitution, permitted them to be removed into another Climate, no way inferiour to that in which they were born, where they were to perform no harder tasks, than those who work honestly for their Bread in England do, and this not under Persons of another Nation, who might treat them with less Humanity upon that Account, but to their Countrymen, who are no less English for their living in the New, than if they dwelt in Old England, People famous for their Humanity, Justice and Piety, and amongst whom they are sure of meeting with no variation of Manners, Customs, &c. unless in respect of the Progress of their Vices which are at present, and may they long remain so, far less numerous there than in their Mother-Land. I say if Pains were taken to instill into these unhappy Persons such Notions . . ., they might probably conceive justly of that Clemency which is extended towards them, and instead of shunning Transportation, flying from the Countries where they are landed, as soon as they have set their Foot in them, or neglecting Opportunities they might have on their first coming there, be brought to serve their Masters faithfully, to endure the Time of their Service chearfully, and settle afterwards in the best Manner they are able, so as to pass the Close of their Life in an honest, easy, and reputable Manner; whereas now it too often happens, that their last End is worse than their first, because those who return from Transportation being sure of Death if apprehended, are led thereby to behave themselves worse and more cruelly than any Malefactors whatsoever (Vol. III, pp. 287-289).

The author’s cheery account of life as an indentured servant in the American colonies certainly makes transportation sound like a compelling alternative to execution. The reality of life overseas under such conditions, though, does not match this picture, and some criminals valued their liberty over enforced servitude, even if it meant their own death.

Execution

In his account of her execution, James Guthrie, the minister at Newgate Prison, described Standford as “grosly Ignorant of any thing that is good.” He went on to say that “she was neither ingenious nor full in her Confessions, but appeared obstinate and self-conceited.” Standford continued to maintain her innocence in the affair with Smith, and she appeared indifferent about the fate of her child, expressing to Guthrie the hope that the parish would take care of it. Guthrie claimed, however, that “she acknowledg’d herself among the chief of Sinners.”

Mary Standford was executed on Wednesday, August 3, 1726 at Tyburn. She was 36 years old. Executed alongside her were 3 other criminals. Thomas Smith and Edward Reynolds were both sentenced to die for highway robbery. John Claxton, alias Johnson, was put death for returning twice from transportation before his 7-year sentence had run out.

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