A Grave Mistake
in 1803
Another Family Historical Milestone
All stories have a beginning, but the
Jillett/Bradshaw has several. Theirs
began in 1798, when the Hillsborough left England, destined for Botany Bay, and
Sydney Town.
While nothing is known of their first year in
Sydney, the story begins for them as a couple, in January 1800.
Elizabeth was a trader, she owned a boat, The
Little William, which sailed the Hawkesbury River.
Two children were born, and no doubt life was
uneventful, until Robert decided to steal a half a pig from the commandants
store.
Well, that certainly changed their lives forever.
Robert had been rather lucky, he had escaped the
gallows once in England, and now he faced the hangman's noose yet again.
The story was printed in the newspapers of the day. Less than 6 months later Joseph Samuels faced the same fate.
Sydney Gazette and New South
Wales Advertiser (NSW :
1803 - 1842), Sunday 17 April 1803, p 3
Sydney. WEDNESDAY, APRIL 13.
At ten o'clock this morning, the New South Wales Corps and Inhabitants
attended at the place of execution, and Robert Jillet the Criminal under
sentence of Death, and James Hailey left the Gaol ; Jillet appeared at first
little affected at his situation ; but when the cart reached the Provision
Store, for robbing of which he had been convicted, he burst into tears, as he
also did at the upper end of Pitt's Row, when passing by the avenue which led
to his former habitation.
Here the recollection of his family overwhelmed him with an anguish
which, if possible, heightened as he approached the intended place of
execution. Hailey had read several passages of Scripture to him on the way, to
which the Criminal paid much attention, but afterwards upbraided him in harsh
terms, declaring that he had not assisted in concealing the cask found in the
cooperage, (the circumstances of which are stated in the trial of the prisoner
in our last week's paper). When arrived at the awful spot, the prisoner got out
of the cart, and was received by the Rev. Mr. Marsden, who had attended him
while under sentence, and who now emphatically performed the duties of his
function. Jillet again ascended the cart, and, after he had been delivered over
to the executioner, his Reprieve was received, and published by the Provost
Marshal. Convulsed with unspeakable joy and gratitude, for so unexpected an
extension of mercy, he fell motionless, and for some moments continued in a
state of in-sensibility ; when he recovered, he was taken back to his late
confinement.
James Hailey, late cooper at His Majesty's Stores, now heard his
sentence read, in pursuance of which, he received 200 lashes under the gallows
; an example, by which we earnestly trust others may be deterred from the
commission of such offences.
The Store attendants at Sydney, Parramatta, Castle-Hill, and Hawkesbury,
were indiscriminately ordered to attend on the occasion, to be spectators of
the punishment.
This story was not on the planned agenda of Family
Historical information, until, while looking for some other information, a
thesis, written in 2002 was read. It's
contents made me a little defensive in terms of the fact that people can write
what they like about a person's relative, whether he or she was good bad or
ugly, and that then forms an opinion in the minds of others.
So many people have been the subject to these such
stories in the past, and it is not until one undertakes research particularly
geared toward Family History, that a better viewpoint can be extended.
These stories will all be part of the www.
jillettfamily website and the series of jillettfamily blogs. Perhaps in the future mistakes will not be
made, and "fake" stories will not prevail.
Facing the Hangman's Noose
There
was a period between 1802 and 1803, where no hangings took place in
Sydney. That may have had something to
do with the events of the times.
Executions
began in 1788, when 17 year old James Barrett was hung. Poor man, he was hungry, but it would seem
that executions were carried out, as a means of controlling the population, and
their urges to commit crimes.
Australia's
First Execution On this day ………… 27th February 1788 One of the first permanent
structures erected in Australia was the gallows in Sydney Town. The first
person to be executed was 17 year old James Barrett on this day in 1788, one
month after settlement had been established. Barrett had stolen food because he
was hungry[2]
The
hangman's rope was constructed on the area known as the Old Sydney Burial
Grounds.
Sydney Town Hall sits on the site of what was once the
principal cemetery of NSW. Dating back to the 1790s, the site is commonly
called the Old Sydney Burial Ground.
It is also known as the George Street Burial Ground,
the Cathedral Close Cemetery and, retrospectively, the Town Hall Cemetery.
The site, on the outskirts of town, was chosen by
Governor Phillip and the Reverend Richard Johnson in September 1792.
It was decided this place would not affect the health of
the living and could remain a place of quiet seclusion.
By 1820 the cemetery was full so
a new burial ground was set aside on Brickfield Hill – now the site of Central
Railway Station. Some vaults and graves were opened and the corpses and sepulchre
deposited in the new burial ground. [3]
Gallows at Brickfields on the
Road to Parramatta, in reality it is inner City!
· William Elberry – 6 July 1799 – Hanged for
his part in the murder of Samuel Clode, executed where the murder took place
then gibbeted.
·
Richard Weston – May or June 1800 – Hanged at Parramatta for vagrancy
and theft
Sydney in 1803
Arriving as a free settler, Elizabeth Bradshaw may have been granted a
convict. In the period between arrival and the end of 1799, her husband
Thomas may have been that convict.
However Robert Jillett was also involved, whether he was assigned to her in the same time frame is unknown but they soon became a couple, as is concluded in historical evidence.
However Robert Jillett was also involved, whether he was assigned to her in the same time frame is unknown but they soon became a couple, as is concluded in historical evidence.
From the transcription of judicial records,
Elizabeth and Robert were co-habiting in Sydney, in January 1800. Thomas
Bradshaw, her husband, faced court, for fighting, as he wanted his wife back. No doubt Elizabeth
did not consider herself a "slave", and nor did she appear to ever go
back.
Robert was subsequently sent to the works at
Toongabbie.
Old Toongabbie is 29kms west of Sydney & where Gov Phillip established a 640 acres government farm & convict station in 1791. Farm was closed c.1802
Old Toongabbie is 29kms west of Sydney & where Gov Phillip established a 640 acres government farm & convict station in 1791. Farm was closed c.1802
She bore two sons in Port Jackson, William born
September 1800 and James, both who took her name only. That was the norm
within the colonies, if children were born to mothers either unmarried or in a
relationship.
Elizabeth made a life for herself, as a business
person. She had her property in Chapel Row, and a boat with which she plied the
Hawkesbury River.
Elizabeth owned land in Sydney, as written in the
book Scallywags of Sydney Cove, by Frank Clune.
"On 18 April 1803 he (HB Hayes) paid Elizabeth Bradshaw £27.7.0 for a house lately occupied by Robert Gillet, situate in Chapel Row, Sydney, also a boat on the stock"
These records can be found in the Archives, she also purchased in March 1803 a property known as Badlife Farm, in the Hawkesbury region. It was originally granted to John Badlife, a convict, who sold it to another convict before he sold it to Elizabeth for £150.
"On 18 April 1803 he (HB Hayes) paid Elizabeth Bradshaw £27.7.0 for a house lately occupied by Robert Gillet, situate in Chapel Row, Sydney, also a boat on the stock"
These records can be found in the Archives, she also purchased in March 1803 a property known as Badlife Farm, in the Hawkesbury region. It was originally granted to John Badlife, a convict, who sold it to another convict before he sold it to Elizabeth for £150.
That was an enormous amount of money in those days,
and poses the question "why did Robert need to steal if she had that much
money"?
Note: The original name Chapel Row was changed firstly to Camden Street, then by Governor Macquarie in 1810 Castlereagh Street.
Note: The original name Chapel Row was changed firstly to Camden Street, then by Governor Macquarie in 1810 Castlereagh Street.
18 April
1803 A receipt from Elizabeth Bradshaw for pounds 27 & 7/- being
in full for the purchase of a house lately occupied by Robert
Jillett in Chapel Row, Sydney & sold by auction & also a Boat on the
stocks on the premises and a Warranty to ensure possession. to H B Hayes of the
House, Premises & Boat. Elizabeth was one of the pioneers
of the Hawkesbury. From all indications her land holding known as Badlife
farm is now in the Kuringi-Chase National Park
witness
Charles Robbins. W. ....... ?Horan/Howe/House/Henson/Henser
(63a) 16
April 1803 Receipt from Eliz Bradshaw for pounds 36 & 16/- on [?sale] of an
House purchased by Thos. Brooks in Chapel Row including the price of a
Baking Trough. Witness JJ Grant
56) 29 March 1803 William Topping to Elizabeth
Bradshaw. Conveyance by Deed Poll of Badlife Farm for 150 pounds
Yet convicts who were able to
lodge in town were not restricted to the Rocks. Pitt’s Row, now Pitt Street,
also contained the private homes or lodgings of many convict men and woman. It
lay between High Street or Sergeant-Major’s Row - now George Street - and
Chapel Row - now Castlereagh Street. The argumentative John Macarthur, a
lieutenant turned entrepreneur and pastoralist, refused to live on Pitt street
describing it as ‘the haunt of all the vile and atrocious characters in the
settlement’ including ‘prostitutes of the lowest classes’, or, most likely,
woman who cohabitated with other men
Tea was a luxury, indeed, at 8s to 16s per lb. Sugar was comparatively cheap at 1s 6d per lb. Spirits at 12s to 20s per gallon were cheaper than at present, and porter at 1s per quart was within the reach of most people. At this time, and for a score of years afterwards, it must be remembered that spirits, chiefly rum, were the ordinary currency of the colony. When Hunter arrived, in 1795, the whole population, with the exception of 179, was dependent on the public stores for rations[4].
There were few other streets, and these mostly nameless, besides the ones already mentioned. Bush tracks, to be made into thoroughfares later on, abounded. Before Governor Macquarie appeared on the scene, there were indeed no “streets.” The sparsely built upon and straggling ways were known as “rows.” But in Macquarie’s time these were altered. Thus “Pitt’s Row” became Pitt-street. “Soldiers’ Row” Park-street, “Back Soldiers’ Row” Kent-street, etc. Market-street was merely a boggy lane; Woolloomooloo a farm, and Hyde Park a racecourse. Tribes of blacks roamed about Botany, North Shore, and Manly, and camped around and in the infant city itself.
The Commissariat held a strategic
role in the economy of the early colony, supplying and storing foodstuffs and
other necessities. This one was built
1812.
Map of Sydney in 1802 drawn by Charles Alexandre Lesueur, based on survey by Charles-Pierre Boulanger who both visited the city in 1802 on the Geographe under Nicolas Baudin. The survey reached France in 1804 and was first published in 'Voyage de Decouvertes aux Terres Australes...' in 1812.
https://dictionaryofsydney.org/media/3657
What became of
Thomas Bradshaw?
All the initial research undertaken by the various researchers, had failed to find what happened to Thomas Bradshaw, and the thinking was that he perhaps died at or on arrival in Sydney.
That all changed when Cathy Dee, researcher from New South Wales began work on some old historical files of court proceedings.
It was then learnt that Thomas not only survived, but was living in Sydney in 1800!
Minutes of Proceedings of the Judge Advocate's Bench, 8 Dec 1798 - 5 Mar 1800, State Records New South Wales X767, NRS 3397 has proven Thomas Bradshaw was alive in 1799 and the fact it states Elizabeth Bradshaw his wife with Robert Gillett
At a Sitting of Magistrates at the Judge Advocates Office on 4th January 1800 at 10.am
"Thomas Bradshaw complained of John White having assaulted him this morning when he went to his house in search of his wife - but it appeared in examination the complainant was the aggressor by beginning in the affray in a insolent manner - The complainant was therefore dismissed and the complainant reprimanded, but Elizabeth Bradshaw his wife, who had cohabited with one Robert Gillett, who had beat and cruelly ill unto her, was recommended to return and live with her Husband, and Gillett (who was also brought up/was ordered to be sent to Toongabbie to work and on no account to be permitted to leave it."
On 18th January 1800 it was reported that Robert Gillett had promised to return to work by Monday[5]!
At the sitting of the Magistrate at the Judges Advocate Office the 18th January 1800
Present The Judge Advocate Mr Richard W Johnson
All the initial research undertaken by the various researchers, had failed to find what happened to Thomas Bradshaw, and the thinking was that he perhaps died at or on arrival in Sydney.
That all changed when Cathy Dee, researcher from New South Wales began work on some old historical files of court proceedings.
It was then learnt that Thomas not only survived, but was living in Sydney in 1800!
Minutes of Proceedings of the Judge Advocate's Bench, 8 Dec 1798 - 5 Mar 1800, State Records New South Wales X767, NRS 3397 has proven Thomas Bradshaw was alive in 1799 and the fact it states Elizabeth Bradshaw his wife with Robert Gillett
At a Sitting of Magistrates at the Judge Advocates Office on 4th January 1800 at 10.am
"Thomas Bradshaw complained of John White having assaulted him this morning when he went to his house in search of his wife - but it appeared in examination the complainant was the aggressor by beginning in the affray in a insolent manner - The complainant was therefore dismissed and the complainant reprimanded, but Elizabeth Bradshaw his wife, who had cohabited with one Robert Gillett, who had beat and cruelly ill unto her, was recommended to return and live with her Husband, and Gillett (who was also brought up/was ordered to be sent to Toongabbie to work and on no account to be permitted to leave it."
On 18th January 1800 it was reported that Robert Gillett had promised to return to work by Monday[5]!
At the sitting of the Magistrate at the Judges Advocate Office the 18th January 1800
Present The Judge Advocate Mr Richard W Johnson
W Rath produced Gaol Report
Captain
Johnston complained of Chambers, Howlett, V Gillett having forfeited their
Government Work.
Ordered to make good the works by Monday which they promised to do
Ordered to make good the works by Monday which they promised to do
Old Toongabbie is 29kms west of Sydney & where Gov Phillip established a 640 acres government farm & convict station in 1791. Farm was closed c.1802
The record of Thomas Bradshaw and his arrival indicated his trade.
A bit of family brain-storming and research revealed that he was probably a "block-cutter"
William
Noah - 'A Voyage to Sydney in New South Wales in 1798 & 1799' and 'A Few
Remarks of the County of Cumberland in New South Wales, 1798-1799
This image may be used freely without requesting permission. Please acknowledge that the image is from the collections of the State Library of NSW.
This image may be used freely without requesting permission. Please acknowledge that the image is from the collections of the State Library of NSW.
But then the trail runs cold. There were many people named Thomas Bradshaw who were convicts and who arrived after 1810. But Thomas Bradshaw was not recorded on any musters that have been thoroughly checked.
What became of Thomas Bradshaw?
Another of those family mysteries, but from the
account Robert and Elizabeth were co-habiting in January 1800.
Was he really cruel to
Elizabeth? Or was Thomas cruel to
Elizabeth? Would she have sold all her
belongings and followed him to the end of the earth, if she was not happy with
their relationship?
http://nla.gov.au/nla.obj-231444792/view
With Phillip's departure
in December 1792, Lieutenant Governor Grose adopted a different
agricultural policy. He discontinued centralised government farming, granted
land to military and civil officers, officials and settlers, allotted the
majority of the convict workforce to them, and encouraged them to raise cereal
crops, to be purchased by the Commissariat Store. As the
Toongabbie land was starting to show signs of exhaustion, it gave Grose the
opportunity to alienate most of it and reassign the convict work force.
Governor Hunter arrived in September
1795 with orders to re-establish public farming. A large barn was completed at
Toongabbie in December 1797: it was 90 feet (27.4 metres) in length with a
floor capable of allowing eight or nine threshers to work concurrently. A large
number of cattle were placed at the farm and thrived: it was hoped that their
manure would revitalise the soil. [10] In August 1801, Governor Philip Gidley King advised the
government that he had 50 men clearing land for a new Government Farm at Castle Hill
to replace the worn-out Toongabbie farm.
MUSTERS AND LISTS FOR NEW SOUTH WALES AND NORFOLK ISLAND, 1800 - 1802. List of Expired or Emancipated Convicts and Free People, off the stores in 1801.
Ref. No. AE070, Ship Hillsborough, Elizabeth Bradshaw, resident at Sydney, Ticket No. 066, arrived free.
[No reference to Robert Jillett in convict lists. Possibly under his alias, ELSTON
but more likely that serving convicts were excluded from these lists].
GOVERNMENT AND GENERAL ORDER
28th March 1803
The General order of the 18th instant is annulled.
The quantity of salt meat sent from the Cape by the Admiral [Sir Roger Curtis] on that station enables the Governor to ................(relaxation of strict rationing previously in force)...... "off stores settlers can exchange salt beef at 8d. and salt pork at 1s. per lb; [for] wheat at 8s. per bushell.
[This is intended to encourage settlers to refrain from slaughtering their breeding swine]. Background to Robert Jillet s subsequent theft of pork from H M Stores.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Saturday April 2, 1803 (Vol.1, No.5) - final page, under shipping news: "..........and on Wednesday came in the Little William, R. Jillet, owner" arrived at Sydney from the Hawksbury River, Wednesday 29th March 1803.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 10, 1803 (Vol.1, No.6) - almost whole front page, account of the trial of Robert Jillet, death sentence passed for theft of 77lbs salted pork from the government store. Evidence given by the prisoner incriminated James Healey (Hailey, Haley) as an accomplice. Transcript as follows:
Court of Criminal Jurisdiction
APRIL 9
At ten o;clock the Court opened, and ROBERT JILLET, Labourer, stood indicted, for that he, the said Robert Jillet, on the 6th day of April, in the year of Our Lord 1803, at Sydney, in the Territory of New South Wales, with force and arms, 77 pounds weight of Salted Pork, value £1 10s of the lawful money of Great Britain, the Goods and Chattels of our Sovereign Lord the King, out of the shops or out-house adjoining His Majesty s Stores at Sydney aforesaid, then and there being, feloniously did steal, take and carry away, against the Peace of Our Sovereign, His Crown and Dignity, and against the Statute in that case made and presented.
The evidence for the Crown being called, John Croker, Soldier in the New South Wales Corps, deposed, that on Wednesday the 6th inst. he stood Centry at the Provision Store, between the hours of 3 and 5 in the afternoon; that he saw the prisoner pass by him with an empty barrow, and afterwards go into the yard belonging to the said Store, taking with him the barrow; that he remained in the yard about a quarter of an hour, when he came out with two bags upon the barrow, which he proceeded in wheeling away; that the deponent called to him, but that the prisoner went onward until he had gone beyond the deponent s post, and returned no answer.
That a Light-horseman standing near to the deponent, he ordered him to bring the prisoner back; that he had said it was not his duty, but afterwards did bring back the prisoner, who returned without his barrow. The deponent asked what the bags contained, to which the prisoner answered, "the sweepings of the Store". The deponent ordered him to bring back the barrow, in order that he might be convinced as to the truth of what he said, with which the prisoner complied, requesting at the same time that the deponents would suffer him to wheel the barrow into the yard of the Store, from whence he had taken it, and that he would let him see the contents of the bags. This done, the prisoner opened the bag which lay uppermost, and showed to the deponent some damaged bread; upon examining the other, he found it contain a quantity of Pork, of which he accused him of having robbed the Store. To this the prisoner made answer, "I hope you will not make it known, for if you do, it will be the destruction of my family, and perhaps I may be hanged." He several times begged that the deponent would suffer him to return the meat, in consideration of his family, and that he would make hil any acknowledgment; but that he, (the deponent) assured him, that he would not betray his trust for 5 ol.
Here the Judge Advocate asked the deponent, if he had ever lost sight of the barrow from the time of its going out of the yard to that of its being brought back, to which he positively answered that he never had lost sight of it.
The deponent further said, that immediately after he had taken the prisoner into custody, he had dispatched the Light-horseman (who had brought the prisoner back) to the Sergeant of the Guard, and that he (the deponent) gave immediate information to Mr Laycock, that he had detected a man in robbing the Store.
The prisoner objected to that part of the evidence which stated, that the Light-horseman had brought him back, for that he had called to him to return, and that he did so.
W. Barnfield, (Light-horseman), deposed, that he was, at the time the felony was committed, standing at the door of the horse-barrack, that he saw the prisoner pass him with two bags on a barrow, and that the centinel desired him to search Jillet and to bring him back; that he called to the prisoner who returned as stated by the former evidence; that the centry, very shortly after the prisoner had wheeled the barrow into the yard, came out and ordered him to go for the Sergeant of the Guard; he immediately went, and returned with a Corporal and one Private; that upon his return he saw the bags opened. one of which contained a quantity of pork; he afterwards went to the cooperage, and there assisted in searching for the cask out of which it had been taken, and which the prisoner himself pointed out.
W. Alcock, Clerk to the Deputy Comissery, deposed, that in consequence of his being informed by Barbfield of the above circumstance he went immediately to the Sore, where he saw the prisoner in charge of the centry, standing by two bags on a barrow, one of which contained a quantity of por?: Of this he acquainted Mr Chapman, who demanded of him the keys of the Store, which he delivered to him. At Mr Chapman s order he weighed the pork, which proved to be 77lbs. he also weighed what remained in the cask, which was 240lbs. He here stated, that a cask of pork generally weighs 318lbs. and that what remained in the cask, added to the quantity found in the prisoner s possession, amounted to 317lbs. nett weight. He further deposed, that a number of casks of beef and pork, His Majesty s property, had been landed from the Bridgewater, of which he had taken a regular account, but of which, on comparing the books, one cask was deficient; this, he could take upon himself to say, was the identical cask so missing, as it exactly corresponded with the others, and, moreover, as the word "Limerick" was marked upon it, which he had not seen on any cask prior to their being landed from the Bridgewater.
W.N. Chapman, Esq. proved the cask found concealed in the cooperage to be the property of the Crown.
T. Laycock, Esq. gave evidence, that at the instance of the centinel he had gone into the cooperage shortly after the prisoner was taken into custody; and that, upon searching for the cask out of which he supposed the pork to have been taken, one was pointed out by the prisoner; he saw the contents weighed both of the cask and bag, which together amounted to 317lbs.
Here the evidence closed, and he set up a defence, which contained nothing that could possibly alleviate his own guilt; but went on to criminate James Healey, who was also in custody upon the charge. He lastly called several Gentlemen of respectability for a character, who spoke highly favourably of him.
The JUDGE ADVOCATE summed up the evidence, and the Court, after much consideration, returned a Verdict of GUILTY!
The JUDGE ADVOCATE now came to the last and most painful duty of his office, and after a pathetic and interesting admonition to the prisoner, he pronounced Sentence of Death upon him.
The prisoner was returned to his confinement, and at half past 12 the Court broke up.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 17, 1803 (Vol.1, No.7) - details of James Hailey s trial, giving further details of the robbery and Robert Jillett s involvement.
Bench of Magistrates
Monday, April 11
This day a full Bench sat for the examination of such offenders as might be brought before it, when James Hailey stood indicted with having aided and assisted in stealing Meat from His Majesty s Stores, and in which he had been implicated with Robert Jillet, now under Sentence of Death.
Peter Douglas being sworn, deposed, that he was an attendant at the Store, and that he had three or four times seen the prisoner Hailey (exclusive of his Ration) give pork to Jillet; that he had seen him bring a bag which Jillet afterwards took away; and that he had seen Jillet take pork out of the bag, which he put into his own bag, along with his own Mess.
The Court interrogating him ans to the quantity that might have been so given by the prisoner to Jillet, he replied, that he supposed it might have been from 14 to 16lbs and that it was in three or four pieces.
Joseph Coates being sworn, deposed, that he had seen the prisoner take pork out to His Majesty s Stores; and that he had seen him take meat out of the cask, which he gave to Jillet without weighing it.
John Croker, private soldier in the New South Wales Corps, who stood centinel at the Store, and there apprehended Jillet, being interrogated by the bench whether he on that day had seen Hailey go out at the front gate of the Store, or whether he supposed he had got out the back way, replied, that he must have gone out the back way; for that had he come out the front gate he should have apprehended him likewise.
W. Alcock, late clerk to the Deputy Co,,issary, being sworn, deposed, that he had for some time previous to the detection that had been made, strongly suspected the prisoner, and the attendants generally, of improper practices, and that he had made those suspicions known.
R. Sidaway deposed, that he heard the centinel say, after Jillet had been made prisoner, that the Cooper had gone.
The Magistrates having no room for doubt of the prisoner s guilt, sentenced him to receive Two Hundred Lashes, and to be otherwise disposed of as His Excellency should judge proper.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 17, 1803 (Vol.1, No.7) - detailed account of Robert Jillett s reprieve at the scaffold, sentence commuted to life imprisonment at Norfolk Island. Hailey flogged at the scaffold.
Sydney
Wednesday, April 13
At ten o clock this morning, the New South Wales Corps and Inhabitants attended at the place of execution and Robert Jillet the Criminal under sentence of Death, and James Hailey left the Gaol; Jillet appeared at first little affected at his situation; but when the cart reached the Provision Store, for robbing of which he had been convicted, he burst into tears, as he also did at the upper end of Pitt s Row, when passing by the avenue which led to his former habitation. Here, the recollection of his family overwhelmed him with an anguish which, if possible heightened as he approached the intended place of execution. Hailey had read several passages of Scripture to him on the way, to which the Criminal paid much attention, but afterwards upbraided him in harsh terms, declaring that he had not assisted in concealing the cask found in the cooperage, (the circumstances of which are stated in the trial of the prisoner in our last week s paper).
When arrived at the awful spot, the prisoner got out of the cart, and was received by the Rev. Mr. Marsden, who had attended him while under sentence, and who now emphatically performed the duties of his function. Jillet again ascended the cart, and, after he had been delivered over to the executioner, his Reprieve was received and published by the Provost Marshal. Convulsed with unspeakable joy and gratitude, for so unexpected an extension of mercy, he fell motionless, and for some moments continued in a state of insensibility;
When he recovered, he was taken back to his late confinement.
James Hailey, late cooper at His Majesty s Stores, now heard his sentence read, in pursuance of which, he received 200 lashes under the gallows, an example, by which we earnestly trust others may be deterred from the commission of such offences.
The Store attendants at Sydney, Parramatta, Castle Hill, and Hawkesbury, were indiscriminately ordered to attend on the occasion, to be spectators of the punishment.
[ Note: Reference to the prisoner breaking into tears when passing the upper end of Pitt s Row on recollection of his former habitation and family is consistent with his living with Elizabeth Bradshaw, who had a house in Chapel Row. Though not married, their sons William and James were subsequently christened on Norfolk Island, with their sister Susanna.]
HISTORICAL RECORDS OF NEW SOUTH WALES 13 April 1803
GOVERNMENT AND GENERAL ORDER
3th April 1803
The Governor anxiously hopes that the example intended to have been made this day by the execution of the convict sentenced by the Criminal Court to die, for having robbed the King s stores, and the punishment awarded by the magistrates inflicted on the other, who was equally guilty, will deter others from committing those crimes, a repetition of which will prevent the Governor extending His Majesty s grace to those who may in future have the temerity to commit such acts as strike so deeply at the very existence of this colony.
On this occasion the Governor considers it incumbent on him and what he owes to His Majesty;s service and the public, whose interests, as well as the prosperity of this colony and the real welfare of its inhabitants, it is his duty to watch over, promote, and protect, to inform every description of His Majesty s subjects resident or stationed in this colony that it is a duty equally imposed on them, collectively and individually, to detect and bring forward those, however high their rank, or low their situation may be, who in any wise abuse the public trust reposed in them, or who may commit any robbery on the public stores, either by violence or fraud.
And as a proof of the vigilance of those who are actuated by the same motives of honourable duty which marked the soldier-like conduct of Private Croker, of the New South Wales Corps (who was centinel at the store and detected the robbery, which he brought forward like an honest man and a good soldier, although offered a tempting reward for its concealment), will not pass unnoticed, the Governor has directed the treasurer of the goal fund to present Croker with fifteen pounds sterling - not as a reward for having done his duty, but as a mark of the Governor s appropriation of his conduct.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 17, 1803 (Vol.1, No.7) - Various bits and pieces of interest. HMS Buffalo gave a shipboard party on Tues 12th April; sailed for Norfolk Island on Thursday 14th (later delayed until Saturday 16th).
SHIP NEWS
Sailed on Thursday last for Norfolk Island and from thence to proceed for the Moluccaus and Calcutta, His Majesty's Ship Buffalo, Capt. W. Kent, Commander
Sydney
On Saturday the 16th instant and two following days a number of Prisoners, convicted of misdemeanors, were shipped on board the Buffalo for Norfolk Island, Robert Jillet was also put on board, with Hailey, implicated in the same offence, and several of the Store Attendants, whose conduct has been such as to render them suspected. Several persons were permitted to go at their own request, some to accompany their husbands, and others from a desire of a change of air.
Note:
Robert Jillett and James Hailey were subsequently transported to Norfolk Island on Buffalo, Captain W. Kent, departed Sydney 16 April, voyage reported later by Capt. Rhodes (whaler) of the Alexander to have taken 17 days. Arrival on Norfolk would have been on or about 2nd May 1803.
At time of departure of the Buffalo for Norfolk Island, the armed tender Lady Nelson was also in port at Sydney. The Alexander (Captain Rhodes) was later one of the first non-government ships allowed to enter the Derwent, coming up the River on Friday 10th August 1804. Rhodes men struck and killed the first whale taken in the Derwent on Sunday 12th August 1804], this being claimed as a personal deed by one man in particular, Jorgen Jorgensen].
Sydney Gazette and New South Wales Advertiser (NSW: 1803 - 1842),Sunday 24 April 1803, page 4
He was then pardoned while at the gallows! Did Elizabeth pay? Whatever happened the pardon is not able to be found, and could have been destroyed in the Rum Rebellion, or one of the fires of Sydney.
Mitchell Library staff have searched unsuccessfully for it, but were also astounded to learn that a prisoner would be reprieved TWICE!
He is probably luck he left because all pardons were abolished during the Rum Rebellion period!
Note: Searches have been conducted by the research staff at the Macquarie Library in Sydney for the Reprieve. They are at a loss as to where it could be, but had never heard before of a prisoner with two reprieves and this one should have been in the Governor’s papers! They advise that a lot of documents were lost in an uprising
He was caught, and the following trial notes tell the story.
Robert Jillett - Sydney & A New Trial in 1803
Robert Jillett - Sydney & A New Trial in 1803
1802
MUSTERS AND LISTS FOR NEW SOUTH WALES AND NORFOLK ISLAND, 1800 - 1802. List of Expired or Emancipated Convicts and Free People, off the stores in 1801.
Ref. No. AE070, Ship Hillsborough, Elizabeth Bradshaw, resident at Sydney, Ticket No. 066, arrived free.
[No reference to Robert Jillett in convict lists. Possibly under his alias, ELSTON
but more likely that serving convicts were excluded from these lists].
1803
HRNSW 28 March 1803
HRNSW 28 March 1803
GOVERNMENT AND GENERAL ORDER
28th March 1803
The General order of the 18th instant is annulled.
The quantity of salt meat sent from the Cape by the Admiral [Sir Roger Curtis] on that station enables the Governor to ................(relaxation of strict rationing previously in force)...... "off stores settlers can exchange salt beef at 8d. and salt pork at 1s. per lb; [for] wheat at 8s. per bushell.
[This is intended to encourage settlers to refrain from slaughtering their breeding swine]. Background to Robert Jillet s subsequent theft of pork from H M Stores.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Saturday April 2, 1803 (Vol.1, No.5) - final page, under shipping news: "..........and on Wednesday came in the Little William, R. Jillet, owner" arrived at Sydney from the Hawksbury River, Wednesday 29th March 1803.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 10, 1803 (Vol.1, No.6) - almost whole front page, account of the trial of Robert Jillet, death sentence passed for theft of 77lbs salted pork from the government store. Evidence given by the prisoner incriminated James Healey (Hailey, Haley) as an accomplice. Transcript as follows:
Court of Criminal Jurisdiction
APRIL 9
At ten o;clock the Court opened, and ROBERT JILLET, Labourer, stood indicted, for that he, the said Robert Jillet, on the 6th day of April, in the year of Our Lord 1803, at Sydney, in the Territory of New South Wales, with force and arms, 77 pounds weight of Salted Pork, value £1 10s of the lawful money of Great Britain, the Goods and Chattels of our Sovereign Lord the King, out of the shops or out-house adjoining His Majesty s Stores at Sydney aforesaid, then and there being, feloniously did steal, take and carry away, against the Peace of Our Sovereign, His Crown and Dignity, and against the Statute in that case made and presented.
The evidence for the Crown being called, John Croker, Soldier in the New South Wales Corps, deposed, that on Wednesday the 6th inst. he stood Centry at the Provision Store, between the hours of 3 and 5 in the afternoon; that he saw the prisoner pass by him with an empty barrow, and afterwards go into the yard belonging to the said Store, taking with him the barrow; that he remained in the yard about a quarter of an hour, when he came out with two bags upon the barrow, which he proceeded in wheeling away; that the deponent called to him, but that the prisoner went onward until he had gone beyond the deponent s post, and returned no answer.
That a Light-horseman standing near to the deponent, he ordered him to bring the prisoner back; that he had said it was not his duty, but afterwards did bring back the prisoner, who returned without his barrow. The deponent asked what the bags contained, to which the prisoner answered, "the sweepings of the Store". The deponent ordered him to bring back the barrow, in order that he might be convinced as to the truth of what he said, with which the prisoner complied, requesting at the same time that the deponents would suffer him to wheel the barrow into the yard of the Store, from whence he had taken it, and that he would let him see the contents of the bags. This done, the prisoner opened the bag which lay uppermost, and showed to the deponent some damaged bread; upon examining the other, he found it contain a quantity of Pork, of which he accused him of having robbed the Store. To this the prisoner made answer, "I hope you will not make it known, for if you do, it will be the destruction of my family, and perhaps I may be hanged." He several times begged that the deponent would suffer him to return the meat, in consideration of his family, and that he would make hil any acknowledgment; but that he, (the deponent) assured him, that he would not betray his trust for 5 ol.
Here the Judge Advocate asked the deponent, if he had ever lost sight of the barrow from the time of its going out of the yard to that of its being brought back, to which he positively answered that he never had lost sight of it.
The deponent further said, that immediately after he had taken the prisoner into custody, he had dispatched the Light-horseman (who had brought the prisoner back) to the Sergeant of the Guard, and that he (the deponent) gave immediate information to Mr Laycock, that he had detected a man in robbing the Store.
The prisoner objected to that part of the evidence which stated, that the Light-horseman had brought him back, for that he had called to him to return, and that he did so.
W. Barnfield, (Light-horseman), deposed, that he was, at the time the felony was committed, standing at the door of the horse-barrack, that he saw the prisoner pass him with two bags on a barrow, and that the centinel desired him to search Jillet and to bring him back; that he called to the prisoner who returned as stated by the former evidence; that the centry, very shortly after the prisoner had wheeled the barrow into the yard, came out and ordered him to go for the Sergeant of the Guard; he immediately went, and returned with a Corporal and one Private; that upon his return he saw the bags opened. one of which contained a quantity of pork; he afterwards went to the cooperage, and there assisted in searching for the cask out of which it had been taken, and which the prisoner himself pointed out.
W. Alcock, Clerk to the Deputy Comissery, deposed, that in consequence of his being informed by Barbfield of the above circumstance he went immediately to the Sore, where he saw the prisoner in charge of the centry, standing by two bags on a barrow, one of which contained a quantity of por?: Of this he acquainted Mr Chapman, who demanded of him the keys of the Store, which he delivered to him. At Mr Chapman s order he weighed the pork, which proved to be 77lbs. he also weighed what remained in the cask, which was 240lbs. He here stated, that a cask of pork generally weighs 318lbs. and that what remained in the cask, added to the quantity found in the prisoner s possession, amounted to 317lbs. nett weight. He further deposed, that a number of casks of beef and pork, His Majesty s property, had been landed from the Bridgewater, of which he had taken a regular account, but of which, on comparing the books, one cask was deficient; this, he could take upon himself to say, was the identical cask so missing, as it exactly corresponded with the others, and, moreover, as the word "Limerick" was marked upon it, which he had not seen on any cask prior to their being landed from the Bridgewater.
W.N. Chapman, Esq. proved the cask found concealed in the cooperage to be the property of the Crown.
T. Laycock, Esq. gave evidence, that at the instance of the centinel he had gone into the cooperage shortly after the prisoner was taken into custody; and that, upon searching for the cask out of which he supposed the pork to have been taken, one was pointed out by the prisoner; he saw the contents weighed both of the cask and bag, which together amounted to 317lbs.
Here the evidence closed, and he set up a defence, which contained nothing that could possibly alleviate his own guilt; but went on to criminate James Healey, who was also in custody upon the charge. He lastly called several Gentlemen of respectability for a character, who spoke highly favourably of him.
The JUDGE ADVOCATE summed up the evidence, and the Court, after much consideration, returned a Verdict of GUILTY!
The JUDGE ADVOCATE now came to the last and most painful duty of his office, and after a pathetic and interesting admonition to the prisoner, he pronounced Sentence of Death upon him.
The prisoner was returned to his confinement, and at half past 12 the Court broke up.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 17, 1803 (Vol.1, No.7) - details of James Hailey s trial, giving further details of the robbery and Robert Jillett s involvement.
Bench of Magistrates
Monday, April 11
This day a full Bench sat for the examination of such offenders as might be brought before it, when James Hailey stood indicted with having aided and assisted in stealing Meat from His Majesty s Stores, and in which he had been implicated with Robert Jillet, now under Sentence of Death.
Peter Douglas being sworn, deposed, that he was an attendant at the Store, and that he had three or four times seen the prisoner Hailey (exclusive of his Ration) give pork to Jillet; that he had seen him bring a bag which Jillet afterwards took away; and that he had seen Jillet take pork out of the bag, which he put into his own bag, along with his own Mess.
The Court interrogating him ans to the quantity that might have been so given by the prisoner to Jillet, he replied, that he supposed it might have been from 14 to 16lbs and that it was in three or four pieces.
Joseph Coates being sworn, deposed, that he had seen the prisoner take pork out to His Majesty s Stores; and that he had seen him take meat out of the cask, which he gave to Jillet without weighing it.
John Croker, private soldier in the New South Wales Corps, who stood centinel at the Store, and there apprehended Jillet, being interrogated by the bench whether he on that day had seen Hailey go out at the front gate of the Store, or whether he supposed he had got out the back way, replied, that he must have gone out the back way; for that had he come out the front gate he should have apprehended him likewise.
W. Alcock, late clerk to the Deputy Co,,issary, being sworn, deposed, that he had for some time previous to the detection that had been made, strongly suspected the prisoner, and the attendants generally, of improper practices, and that he had made those suspicions known.
R. Sidaway deposed, that he heard the centinel say, after Jillet had been made prisoner, that the Cooper had gone.
The Magistrates having no room for doubt of the prisoner s guilt, sentenced him to receive Two Hundred Lashes, and to be otherwise disposed of as His Excellency should judge proper.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 17, 1803 (Vol.1, No.7) - detailed account of Robert Jillett s reprieve at the scaffold, sentence commuted to life imprisonment at Norfolk Island. Hailey flogged at the scaffold.
Sydney
Wednesday, April 13
At ten o clock this morning, the New South Wales Corps and Inhabitants attended at the place of execution and Robert Jillet the Criminal under sentence of Death, and James Hailey left the Gaol; Jillet appeared at first little affected at his situation; but when the cart reached the Provision Store, for robbing of which he had been convicted, he burst into tears, as he also did at the upper end of Pitt s Row, when passing by the avenue which led to his former habitation. Here, the recollection of his family overwhelmed him with an anguish which, if possible heightened as he approached the intended place of execution. Hailey had read several passages of Scripture to him on the way, to which the Criminal paid much attention, but afterwards upbraided him in harsh terms, declaring that he had not assisted in concealing the cask found in the cooperage, (the circumstances of which are stated in the trial of the prisoner in our last week s paper).
When arrived at the awful spot, the prisoner got out of the cart, and was received by the Rev. Mr. Marsden, who had attended him while under sentence, and who now emphatically performed the duties of his function. Jillet again ascended the cart, and, after he had been delivered over to the executioner, his Reprieve was received and published by the Provost Marshal. Convulsed with unspeakable joy and gratitude, for so unexpected an extension of mercy, he fell motionless, and for some moments continued in a state of insensibility;
When he recovered, he was taken back to his late confinement.
James Hailey, late cooper at His Majesty s Stores, now heard his sentence read, in pursuance of which, he received 200 lashes under the gallows, an example, by which we earnestly trust others may be deterred from the commission of such offences.
The Store attendants at Sydney, Parramatta, Castle Hill, and Hawkesbury, were indiscriminately ordered to attend on the occasion, to be spectators of the punishment.
[ Note: Reference to the prisoner breaking into tears when passing the upper end of Pitt s Row on recollection of his former habitation and family is consistent with his living with Elizabeth Bradshaw, who had a house in Chapel Row. Though not married, their sons William and James were subsequently christened on Norfolk Island, with their sister Susanna.]
HISTORICAL RECORDS OF NEW SOUTH WALES 13 April 1803
GOVERNMENT AND GENERAL ORDER
3th April 1803
The Governor anxiously hopes that the example intended to have been made this day by the execution of the convict sentenced by the Criminal Court to die, for having robbed the King s stores, and the punishment awarded by the magistrates inflicted on the other, who was equally guilty, will deter others from committing those crimes, a repetition of which will prevent the Governor extending His Majesty s grace to those who may in future have the temerity to commit such acts as strike so deeply at the very existence of this colony.
On this occasion the Governor considers it incumbent on him and what he owes to His Majesty;s service and the public, whose interests, as well as the prosperity of this colony and the real welfare of its inhabitants, it is his duty to watch over, promote, and protect, to inform every description of His Majesty s subjects resident or stationed in this colony that it is a duty equally imposed on them, collectively and individually, to detect and bring forward those, however high their rank, or low their situation may be, who in any wise abuse the public trust reposed in them, or who may commit any robbery on the public stores, either by violence or fraud.
And as a proof of the vigilance of those who are actuated by the same motives of honourable duty which marked the soldier-like conduct of Private Croker, of the New South Wales Corps (who was centinel at the store and detected the robbery, which he brought forward like an honest man and a good soldier, although offered a tempting reward for its concealment), will not pass unnoticed, the Governor has directed the treasurer of the goal fund to present Croker with fifteen pounds sterling - not as a reward for having done his duty, but as a mark of the Governor s appropriation of his conduct.
SYDNEY GAZETTE AND NEW SOUTH WALES ADVERTISER, Sunday April 17, 1803 (Vol.1, No.7) - Various bits and pieces of interest. HMS Buffalo gave a shipboard party on Tues 12th April; sailed for Norfolk Island on Thursday 14th (later delayed until Saturday 16th).
SHIP NEWS
Sailed on Thursday last for Norfolk Island and from thence to proceed for the Moluccaus and Calcutta, His Majesty's Ship Buffalo, Capt. W. Kent, Commander
Sydney
On Saturday the 16th instant and two following days a number of Prisoners, convicted of misdemeanors, were shipped on board the Buffalo for Norfolk Island, Robert Jillet was also put on board, with Hailey, implicated in the same offence, and several of the Store Attendants, whose conduct has been such as to render them suspected. Several persons were permitted to go at their own request, some to accompany their husbands, and others from a desire of a change of air.
Note:
Robert Jillett and James Hailey were subsequently transported to Norfolk Island on Buffalo, Captain W. Kent, departed Sydney 16 April, voyage reported later by Capt. Rhodes (whaler) of the Alexander to have taken 17 days. Arrival on Norfolk would have been on or about 2nd May 1803.
At time of departure of the Buffalo for Norfolk Island, the armed tender Lady Nelson was also in port at Sydney. The Alexander (Captain Rhodes) was later one of the first non-government ships allowed to enter the Derwent, coming up the River on Friday 10th August 1804. Rhodes men struck and killed the first whale taken in the Derwent on Sunday 12th August 1804], this being claimed as a personal deed by one man in particular, Jorgen Jorgensen].
He was then pardoned while at the gallows! Did Elizabeth pay? Whatever happened the pardon is not able to be found, and could have been destroyed in the Rum Rebellion, or one of the fires of Sydney.
Mitchell Library staff have searched unsuccessfully for it, but were also astounded to learn that a prisoner would be reprieved TWICE!
 |
| The Rum Rebellion 1808 |
He is probably luck he left because all pardons were abolished during the Rum Rebellion period!
Background on Pitt Row
Sydney Morning Herald (NSW : 1842 - 1954), Saturday 12
August 1882, page 9
OLD AND NEW SYDNEY. XV.—A GLIMPSE OF OLD
PITT-STREET.
We have received from Mr. Obed West, whose description of old
George-street we recently published, a further contribution in which he
furnishes some interesting particulars in reference to old Pitt-street, or
" Pitt Row," as it was called in the early days of the colony. "
I may mention, " writes Mr. West, " that it is continually being
asked who resided originally on the ground which is now taken up by prominent
buildings and warehouses, and to whom it belonged, and what kind of house,
&c., was on it. On this account, as well as being an historical record, I
think it is of interest to your readers to quote the full particulars regarding
each piece of property in the streets treated of."
The following is Mr. West's narrative:—
" Pitt-street, in the early days of the colony, was known as '
Pitt-row.' The street did not commence then at the Circular Quay, but started
from Hunter-street. In fact, the thoroughfare below Hunter-street is even now
generally known as 'new' Pitt-street. Between Hunter-street and the Quay, the
property was partly in the hands of private persons, and partly belonged to the
Government, and there were fences across what is now the street. Access could
only be obtained to the waterside by way of Spring-street, which then started
from where Hamilton-lane is, then by Bent and Gresham streets, thence along
Bridge-street up to George- street ; then down that street to the water, or out
of Hunter-street to George-street, and down to the King's Wharf. The waters of
the Cove at high tide came up as far as the mouth of the Tank Stream, at
Bridge-street. At that time Pitt-street presented the appearance of a road in
one of our distant suburbs, all the houses being detached and usually occupying
a large block of ground with gardens.
" The south-east corner of Pitt and Hunter streets—now the site of
the Union Bank—was taken up by a low cottage in the occupancy of Captain
Brookes, and adjoining was a shop in which he carried on the business of a
shipping butcher. A large allotment of land, about where the last of Mr
Vickery's buildings stands, came next, and in the centre was a cottage occupied
by Mr Tuckwell, while on the upper portion of Mr. Vickery's property was a
large stone house, the residence of Mr. Eagar. From there up to the corner of
what is now Moore-street there were only four dwellings. The first in order was
a weatherboard cottage, where Mr Terry's buildings are, standing a considerable
distance back from the line of street ; the second was a brick house in the
centre of a large block of ground, and belonging to a Mr. Connell ; then there
was another, a brick house, which was afterwards the old Metropolitan Hotel ;
and on the corner now occupied by the City Bank was a weatherboard house. Both
these latter belonged to Mr. Crossley, a solicitor. At that time, however, Moore-street
had not been opened, nor was there any other cross street in that locality. On
part of the present Moore-street the late Dr. Bland resided, and between his
place and the site of Mills, Pile, and Gilchrist's offices was a vacant piece
of land. On the spot now taken up by the offices of the firm just mentioned was
a two-story brick house—indeed it is part of the buildings at pre-sent
standing—and was kept by a person named Packer as a hotel, and was a great
resort in those times for the settlers who had removed outside the boundaries
of the town. From this point to King-street there were only three build-ings,
first a small weatherboard cottage on the site of Brougham-place, then a brick
cottage in the centre of a large block of ground, occupied by Mr. Wall, the
Govern-ment storekeeper ; and from this to the corner of King-street was a
large block of ground belonging to Mr Morris, of the 102nd Regiment, and in the
centre of which, back from the roadway, was a weatherboard cottage, with a
garden and orchard around it.
" On the south-west corner of Pitt-row and Hunter-street was Mr.
Jones' (of the firm of Jones and Walker) large two-story house, with its front
towards Hunter-street, which at that time contained no buildings at all. The
property extended up to Messrs. Dalton Brothers' warehouses, and in addition to
the house referred to there was at the back a large stone store. From this to
the present entrance to the Post Office there were five buildings.
The first was a Mr. Skinner's brick cottage, then Mr. S. Terry's
pro-perty, which took in the present Angel Inn, and on the site of
Bell's-chambers was a weatherboard house belonging to a cabinetmaker named
Lawrence Butler. Then came Mr. Connell's house, where he carried on the
business of a general merchant. I recollect that after this structure had
become dilapidated he built a new weatherboard house outside the old one—in
fact the one house encased the other, and made a double one of it. At the
corner of the entrance to the Post Office there was a small weatherboard
residence, occu-pied by a carpenter named Chisholm, and standing where the
extensive operations are now going on for enlarging the Post Office was a house
in the occupation of a person named Kearns, who carried on the dual business of
butcher and publican. The hotel he called the Faithful Irishman. All the
old-fashioned hotels had a swinging sign in front re- presenting in some way
the name by which the house was known, and in conformity with that custom,
Kearns had portrayed on his signboard what was supposed to be a faithful
Irishman. One day Governor King, who had a reputation for wit, was riding past,
and seeing the proprietor at the door, called out, ' What do you call that up
there, Kearns?' 'Oh, that's the Faithful Irishman, your Excellency.' The
Governor then promptly replied, 'Take him down, Kearns ; take him down, take
him down, and I'll have him put in the King's store, for he's the only faithful
Irishman in the colony.' I need hardly explain that this was only a little badinage
on Governor King's part. From the 'Faithful Irishman' to the corner of
King-street, the property was more occupied than elsewhere, there being at the
time seven dwellings upon it.
The first was a Dr. White's ; a brick cottage followed, and then came a
two-story ordinary dwelling-house, in which Mr. Joseph Hinch carried on a large
general storekeeping business. Business in those days was carried on in what
would now be called a rather primitive fashion. There were no such things as
elaborate shop fronts in which all manner of goods were exhibited, nor was
there a large staff of attendants kept in any of the establishments. A small
cottage occupied by a Mrs. Dean followed Mr. Hinch's, and then came a brick
house, the re-sidence of my father, Mr. Thomas West, who started the first
water-mill in Australia, and it was on this spot that I first saw the light.
Mr. Holdness's cottage, with a garden in front, stood next, and in this garden
the owner was afterwards cruelly murdered at his own door by two soldier
officers. Adjoining this was one of the principal bakeries of the town, and I
have been told that at one time bread was so scarce in the settlement that the
people rushed the bakery, and the owner (Coleman) had to have his place
protected by the police.
The price of bread at this time was 5s. per 2lb loaf. The precautions
taken did not, however, protect the owner, for numbers of persons, it is said,
obtained an entrance from the Tank Stream, which then ran at the extremity of
the property, made an opening in the back part of the oven, and took the bread
out without the knowledge of those in the bakery. At the corner of King-street
was a large block of ground be-longing to Mr. M. Byrne, with a brewery at the
back. Mr. Byrne subsequently built a weatherboard public house called the
'Three legs o' Man,' on the King-street corner.
The Tank Stream then ran between Pitt-row and George-street, and its bed
formed the boundaries of the George and Pitt streets properties. King-street at
that time was merely a lane, not being more than 25 feet wide, and running only
as far as Kent street, where it abruptly terminated on the edge of a precipice.
A barbarous practice of the old days and one which has happily been abolished,
might be mentioned in connection with Pitt Row. The executions took place in
public on the site of the old burying ground in Elizabeth-street, and the
criminals, when on their way to suffer the extreme penalty of the law, were
sometimes brought along Pitt Row for the public to gaze at. I have seen men
taken along this street with a cart in front of them, on which their coffins
were carried and exposed to view. Sometimes the criminals were made to ride in
the cart, and sit on top of the coffins, which an hour or so afterwards would
contain their lifeless bodies.
" From the south-east corner of King-street to Market- street stood
a number of ordinary dwelling-houses, but with nothing particularly striking
about them, the corner of King-street being occupied by a blacksmith's
establishment belonging to a person named Lee. A weatherboard house, the
property of Mr. M. Murphy, stood on the site of Messrs. Cunninghame's and the
Evening News printing offices, and next to this was Dean's tannery, which ran
up to about Thompson and Co.'s wine and spirit store. These proper- ties had
vegetable gardens in front of them, and wells similar to those in George
street, and each house occupied ground which is now taken up by three and four
shops, &c.
Bond's bakery followed Dean's plate, and on the site of Compagnoni's was
Mr. Laycock's brick cottage, which was covered in front with luxuriant grape
vines. Mr. Uther, a hat manufacturer, resided in the next house, which stood
some distance back from the road, and a wheelwright's yard (Coombes') followed,
running up to the site of the Civil Service store. Three weatherboard cottages
were erected between this and the corner of Market-street, which at that time,
like King street, was only about 25 feet wide, and was not then even called a
street but ' Market-lane.'
" The houses on the western were similar to those on the opposite
side. At the corner of King-street, where Mr. Warby's hotel is, was a brick
watchhouse. Mr. William Nash's drapery shop was next the corner where Mr Yeo's
shop is, then Mr. Malcolm's, a chemist, and where Mr. Rush's drapery
establishment is now was a public-house bearing the peculiar sign of ' Help Me
Through the World.' The site of the old Victoria Theatre was taken up by a
weatherboard cottage and blacksmith's shop ; adjoining those, and extending to
the end of Mr. John Hordern's drapery shop, was a house on a large plot of
ground on which the widow of the first Captain Laycock resided. Mrs. Warren's
property followed, with another weatherboard cottage standing back from the
street, and where Messrs. Farmer and Co.'s premises are a gunsmith named
M'Donald resided. A small weatherboard cottage came next to this, and on the
corner of Market street there was a brick public house kept by Mrs. Plowright.
" On the south-east comer of Market-street was Mr. Tindell's
cottage, and a weatherboard house, with grape vines in front, stood on the spot
taken up by Messrs. Cobb and Co.'s offices. Mr. Moore's blacksmith's shop, and
Mr. Tutty's cottage followed. At the back of Anderson and Co.'s seed store, and
the two adjoining shops, was a cottage kept by Mrs. Reynolds as an hotel, ' The
Wheatsheaf.' Mr. Thomas Cain's cottage came next, and then Mr. Cuff's school,
which had a garden and fruit trees around it. A brother of Mr. Cuff had a
dwelling adjoining, and then, about opposite Messrs. Hardie and Mitchell's
bakery, stood a large brick house, a long way back from the street, belonging
to Mr Handshaw. Two small cottages followed, belonging to Mr. Jesse Hutchinson
and Mr. Hughes respectively. The corner of Park-street was taken up by a small
weatherboard public-house, named the 'Rose and Crown,' kept by a Mr Dyer.
" A small weatherboard house stood on the south-west comer of
Market street. It would at the present time stand on about the centre of the
street, and was, at the time I write of, a butcher's shop, kept by a Mr.
Warren. To give an idea of the price of living in those times, I may
state that his charges for a bullock's head was 5s., feet 1s. each, and other
parts at proportionate prices. In wet weather this part of the town was in such
a state that a cart with a medium sized load would sink up to the axle trees in
mud and slush. Next to the corner was a cottage, with a brewery at the back,
belonging to Mr. N. Laurence. On the ground recently occupied by the Labour
Bazaar, resided, in a cottage, Mr. Thomas Laycock, son of Captain Laycock of
the 102nd Regiment.
He carried on a general store-keeping business, and it is worthy of
remark that this was about the first place in Australia where shot was sold,
the price being 1s. 3d. per lb. Previously slugs were used. They were cut with
a knife from ' tea lead,' and when that was scarce, as was not uncommon, the
then sportsmen had to use small gravel stones. Mr. Hitchcock, an artist, owned
the next cottage, it had two large willow trees in front, and it will be
recollected that one of them stood out on the footway until recent years, when
it was blown down.
Between this and the new arcade were two detached cottages, then Mr.
Chamberlain's, and, on the site of the School of Arts, Mrs. Lilley's cottage.
Mr Holden's bakery followed, and between that and the corner was a small
weatherboard cottage. At the corner of Parkstreet there was also a baker named
Thomas Waters. He lived in a weatherboard cottage, which, like numbers of the
houses then in the town, were made to look very pretty by the growth of grape
vines over the front.
" The two principal cross streets—King and Market streets—were, as
previously mentioned, quite narrow thoroughfares. Complaints are now often made
of the in- convenience attendant upon the narrowness of our present streets,
but what would the inconvenience have been had the original widths been
retained ? The wisdom of our older authorities was shown by their enlarging the
streets to make room for the increased traffic. Our present authori-ties would
do well by imitating the example in connection with some of our present narrow
streets.
"Along Park street, and then along Elizabeth-street, down to
Liverpool-street and up to Pitt-street was unfenced ground, without a single
house upon it, until it was given away in grants by Macquarie. These grants
were after-wards sold in some cases for £1 and £1 10s. per allotment. At the
time I speak of, the ground was grown over with a low scrub, and small
grasstrees grew on it in profusion.
" Mr. William Hill's brick house occupied the south- western comer
of Park street. On the site of the Temperance Hall was a small weatherboard
cottage, standing back from the line of street, and a similar structure stood
where Mr. Macintosh's warehouse is. Another small weatherboard cottage,
belonging to Mr. Webb, was on the next allotment, and then another weatherboard
cottage, belonging to a blacksmith named Sorvell, occupied an allotment which
ran back to George-street. Between that place and the corner of Bathurst-street
there was no habitation, except a small cottage on the corner, in which lived a
rope-maker named Jacob Wire. He used the footpath as his rope-walk, so that it
can be easily imagined the traffic in the street was not very great. It should
be stated that all along the western side, from Bathurst-street to
Liverpool-street, there were no houses but the rear fences of the George-street
properties.
" Pitt-row at that time virtually terminated at Bathurst-street,
ending in what is termed ' a dead road.' Beyond that point was what might be
said to be the country, for there were only a few dwellings dotting the slope
down to the Haymarket. These houses, generally built with thatched roofs, stood
in large blocks of ground, and were surrounded with vegetable and fruit
gardens. The Hay-market was taken up by the Government brick-yards, and the
place beyond was quite out in the country. It is astonishing to think what
rapid strides the city has made in the lifetime of a single individual. Such a
trans-formation has been made in the streets that it is like a dream, or a
fanciful creation, to picture old Pitt-row and compare it with the Pitt-street
of to-day. The work of progress has not, however, ceased, but it is going on
to-day as rapidly as ever, all Old Sydney is being rebuilt, and it is
impossible to estimate what the appearance of the place will be before the
close of the next quarter of a century.
"In conclusion, I would like to allude, briefly, to the comments of
your correspondents—Mr. Clarendon Stuart and 'M.' With regard to the mistake in
Mr. Garling's name, it is one that might very easily arise, as indeed it is no
un-common occurrence at the present time to write ' Garland ' for Garling. I
had no directories to refer to for information, and as all I have written is
from my own knowledge, it is easily understood how the slight inaccuracy arose.
I agree, however, with Mr. Stuart that correctness is desirable, even in such a
small matter as the spelling of a name.
Captain Piper's house was a weatherboard one. It was built of
weatherboard and brick nogged, and your correspondent has mistaken the brick
nogging for a brick structure. I recollect it before Captain Piper came from
Norfolk Island. The tree upon which it is stated the British flag was unfurled
at the foundation of the colony existed, I believe, in imagination only. I know
Sydney for over 70 years, and was personally acquainted with several gentlemen
who landed with Governor Phillip, and had there been any such tree I am sure it
would have been pointed out to me by them.
It is only of late years I have heard anything about such a
circumstance, and the tree which is apparently referred to must be an old swamp
oak, which stood on the footpath. With regard to the guard-house, it is a
matter of very little moment whether it was washed away on an Easter Monday or
a New Year's Day. I recollected it was on same holiday,
and it was merely the fact that such took place that I wished to record. The
handsome gothic structure alluded to opposite the Benevolent Asylum was the
second toll-house, and was not mentioned by me, for the simple reason that it
had not been built at the time to which I referred. Regarding the
foundation-stone of St Andrew's Cathedral, I maintain that I have made no
mistake. I was there at the time, and saw Governor Macquarie lay the stone, and
it is in the building now. The original plan of the building was, however,
subsequently altered, when, perhaps, a second stone was laid, and it must be to
this stone that your correspondent alludes, but this does not alter the fact
that the original foundation of what is now St. Andrew's Cathedral was laid by
Governor Macquarie.
A Jillett Perspective
in a Thesis
Convicts, Communication and
Authority:
Britain and New South Wales,
1810-1830.
Christina J. V. Picton Phillipps
A Thesis Submitted for the Degree
of Doctor of Philosophy (Ph.D.)
University of Edinburgh
January, 2002.
In New South Wales the drama of
both the procession and the execution itself remained public until 1855. 46
During the 1830s the average number of public executions per year was
twenty-eight.
Sydney, which were the scene of
execution, were located in Lower George Street. Exceptions to this rule mainly
occurred when the act of execution occurred in a rural district where, it was
felt, the example would carry most weight in the local community. 48
This public spectacle of the
procession to the place of execution was played out in Sydney in 1803. The
events described exhibit the twin faces of the authority, in its power to
condemn and to reprieve. Robert Jillet, who had arrived on the ill-fated Hillsborough
49 in 1797 was convicted of stealing food from the Provision
Store.
He was publicly conveyed through
Sydney and past the street where he lived (Pitts Row) en route to his
execution. In the event Jillet was given a reprieve, but not before he had been
"delivered to the executioner". 50
The editorial comment in the Sydney
Gazette was explicit that this public display was intended to act as a
deterrent to the audience, despite the absence of any record of words having
been said by Robert Jillett on receiving his reprieve. 51 Since the Sydney
Gazette was an organ of the government such a comment is hardly surprising.
The chain of events certainly illustrates that the colonial government,
then under Philip Gidley King, 52
was aware of the power of such a theatrical month of the First Fleet's arrival.
James Barrett (aged 17) with three companions, was found guilty of stealing
from "the stores" and was executed. 53 Governor Phillip
spared his three companions "the power of pardoning being vested in him by
his Majesty's commission". 54
This mechanism of condemnation of
one , followed by the reprieve for three, demonstrated the Janus aspect of
power, authority and patronage.
Robert Jillett was subsequently
described by Captain Piper 55 as a "Convict for Life, [and] a
bad character". 56 This may have been on account of his earlier
escape from the gallows. As a commutation of his execution sentence Robert was exiled
to Norfolk Island, where he formed a relationship with Elizabeth Bradshaw.
The couple had two children who
were both born on Norfolk Island. Subsequently Jillett was moved to Hobart. 57
Captain Piper's motives for his description of Robert Jillett cannot be known.
Jillett's earlier crime and his subsequent relationship with Elizabeth Bradshaw
were two components which Piper may have thought sufficient. However, Barrie
Oyster gives a lucid and perceptive comment on Piper's attitude towards his
personal servants, suggesting that Piper may have been swayed by class
prejudice.58
What Piper's words do disclose,
however, is the perceptible tension that pervaded social relationships in the
colony at the time.
Jillett's secondary conviction in
the colony, combined with his irregular sexual relationship were a powerful
base for prejudice; when these two were present in a social inferior such as
Robert Jillett, then it is impossible to assess which, if any, of these aspects
inspired Piper's epitaph. 59
The word "audience", as
implied by the contemporary descriptions of the commissioning of the colony,
represents the convicts as passive and unresponsive. It is as though they were
merely observers of a drama that had no real meaning or significance in their
lives. Throughout the period of transportation individual convicts sought ways
and means of moving from the imposed position of a passive observer to that of
an active participant promoting his or her own personal cause.
Convicts sought an
"audience" through their petitions addressed to the Governor. They
actively requested a "hearing" and. an engagement with the colonial administration.
Convicts, at an individual level, brought themselves out of anonymity to the
attention of the Governor of the day. Through the individual petitions
addressed to the Governor, or the head of an administrative department of government,
a remote and tenuous but nonetheless tangible relationship was formed.
Communications (written and
verbal) took place. Each petitioner appears to have received a response from
the Governor's office through the Colonial Secretary. These interactions were
not initiated through the immediate exercise of authority, but rather through
the proactive behaviour of individuals. Each petitioner thereby promoted him/herself
to the attention of the administration.
Such a petition can be regarded
as constituting in itself a request for an audience in which the petitioner was
the active agent. It would be clearly a "world upside down" to
suggest that the role of the governor or Secretary of State was confined to a
passive response during such an audience. On the contrary, he maintained the authority
and power to confer or withhold the favour requested. The essential point is
that petitioners were active campaigners in the pursuit of their own advantage
through this process.
47 At that time
the gallows in 43 Wilde et. a\., (eds) The Oxford Companion to Australian
Literature, (Oxford, Oxford University Press, 1991), pp. 160-162.
44 Andrew
McCann, 'Marcus Clarke and the Society of the Spectacle: Reflections on Writing
and
Commodity
Capitalism in Nineteenth Century Melbourne', Australian Literary Studies, Vo\.
17,
(1996), pp.
222-234, esp. 223.
45 Philip
Rawlings, Drunks, Whores and Idle Apprentices: Criminal Biographies of the
/81h Century
(London,
Routledge, 1992), 'General Introduction', pp. 1-35, esp. pA, and n. 16,
p.34.
46 Michael
Sturma, 'Public Executions and the Ritual of Death 1838', in Push from the
Bush, 15,
(1983), pp.
3-11, esp. p. 4. See also Sturma, V ice in a vicious Society: Crime and
Convicts in Mid Nineteenth Century New South Wales, (St Lucia, University
of Queensland Press, 1983).
47 S turma, 'Pu
bl"I C ... , op" Cl" t "' p. 3 "
display. An
early example of such power had been enacted in the colony within a
48 Ibid p.
4.
49 The Hillsborough
convict ship was notorious for its high mortality rate. Of the 300 male
convicts
who had embarked
in England only 205 survived the typhoid fever to arrive. After disembarking at
Sydney a further
six died, bringing the ship's fatality rate to one-third. See William Noah, Voyage
to Sydney in the
Ship Hillsborough 1798-1799
and A Description of the Colony (Sydney Library of
Australian History,
1978) an unedited facsimile edition.
50 Sydney
Gazette, [hereafter
SG], 17 April 1803, p. 3, c.l .
51 Gretton, op.
cit., p. 40. See also 1. A. Sharpe, "'Last Dying Speeches":
Religion, Ideology and
Public Execution
in 17th Century England', Past & Present, No. 107 (1985) pp.
144-67. See also
the brilliant
exposition by Tamsin O'Connor, 'Raising Lazurus', Frost & Maxwell-Stewart,
(eds)
op. cit., pp. 148-161,
esp. 149-50.
52 ADB, Vol. II, pp.
55-61.
I
53 See Duffield,
'Constructing and Reconstructing "Black Caesar''', in Paul Hullah (ed.,)
Romanticism and
wild places: essays in memory of Paul Edwards, (Edinburgh,
Quadriga, 1998) pp.
57-93, esp. p.67
and n.64 for discussion on inadequate provisions in the early years of the
colony.
See also an
early article by Lois Davey, Margaret Macpherson & F.W. Clements, 'The
Hungry
Years 1788-1792:
A Chapter in the History of the Australian and His Diet', Australian
Historical
Studies, 3, (1947), pp.
187-208.
54 Collins, op.
cit., p. 9-10, esp. p. 10.
55 ADB, vol. II, pp.
334-35.
56 Atkinson, Europeans,
op. cit., p. 313.
57 Robert
lillett was convicted at Middlesex and given a life sentence. See Carol 1.
Baxter, (ed.),
Musters of New
South Wales and Norfolk Island 1805-1806, (Sydney, Australian Biographical
and
Genealogical
Record in Association with the Society of Australian Genealogists, Sydney,
1989),
entry no. D 0410
shows him living 'off the stores' as a labourer on Norfolk Island, p. 193. See
also
Carol 1. Baxter,
(ed.), General Musters of New South Wales, Norfolk Island and Van Diemen's
Land
1811, (Sydney,
Australian Biographical and Genealogical Record in Association with the Society
of
Australian
Genealogists, Sydney, 1989), entry no. 3106, p.68. This records Robert lillett
as having
arrived per the Hillsborough
in 1797. He was, at that time, living in Hobart. There is no trace of
Elizabeth
Bradshaw (under this name) or her children in subsequent Musters for New
South Wales.
58 Barrie
Oyster, Servant and Master: Building and Running the Grand House of Sydney
/788-/850
(Sydney, New
South Wales University Press, 1989) pp. 162-3, esp. p. 163. Oyster's
interpretation
of Captain
Piper's attempted suicide demonstrates that the manner in which this act was to
be
carried out
endangered the lives of his servants. See also Sturma, "'The Eye of the
Beholder": The
Stereotype of
Women Convicts, 1788-1850', Labour History, 34, (1978) pp. 48-56.
Although
Sturma's concern
was with the women convicts his framework of class prejudice is appropriate
here.
59 Gordon W.
Allport, The Nature of Prejudice, (Boston, The Beacon Press, 1954),
referring to "Is
Prejudice a
Value Concept?, pp. 9-12.
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