Sometime not long after 4 February 1832, James Kirk, Benjamin Kirk and others were arrested and charged with sheep stealing. It was alleged that, on 4 February 1832, they stole one shear hog sheep, value 45 shillings[1]. This was said to have occurred in the parish of Mursley in Buckinghamshire; the sheep being the property of Thomas Whitworth.
Photo by Unknown Author is licensed under CC BY-SA |
"Benjamin Kirk, James Kirk, & Joseph Edwards were charged with having stolen oneshearhog sheep, the property of Thomas Whitworth at the parish of Mursley. The shepherd of the prosecutor said: 'My Master had 113 sheep on the 4th February last. I counted them next morning and found one missing'. William Whitworth son of the prosecutor said: 'I was in a field near my father’s fold on 4th February, I saw 3 or 4 men. I went up to them when I saw them in the act of drawing a sheep through the hedge. I knocked one of the men down with my stick. It was as he was running away that I knocked him down. I took him to my father’s house. The man gave me the name of the other prisoners who were afterwards apprehended. I can swear the sheep was my father’s'. Thomas Coney spoke to confessions made by Benjamin and James Kirk. When cross-examined: he said: 'I did not say, James it will be better for you to confess’. Mr D. Willis, clerk to the magistrates said: 'I took down the prisoner’s statements as follows. They had been cautioned - Benjamin Kirk said: I never did any such thing in my life before and am sorry for it. I was in the field, we were all four there. James Kirk said I was drawn in to it innocently, I went with them to Mursley. Jos Edwards said: I am not guilty, I never touched the sheep, I was never in such a job before’. Verdict - Guilty. Death recorded"
"Benjamin Kirk, James Kirk and Joseph Lambourne were indicted for stealing a shearhog sheep, value 45s, the property of Thomas Whitworth at Mursley on the 4th of February. It appeared in evidence, that the son of the proprietor was watching his father's hedges, which had been much damaged by persons who stole wood, when he saw four men in an adjoining field, near his father's fold with a live sheep. As one of them was dragging the sheep through a hedge, he hit him on the head with a stick and knocked him down. The man was James Kirk. The others ran away. The sheep he found to be one of his father's. The other prisoners were all apprehended and each made a voluntary confession of his having gone to steal the sheep. All Guilty - Judgment of death recorded".
Prison Hulk - Photo by Unknown Author is licensed
under CC BY-SA |
Justitia, Woolwich - 1 May 1832 – Extract from: Home Office: Convict Prison Hulks: Registers and Letter Books, 1802-1849 via Ancestry.com. |
A Little About James and Benjamin
Benjamin’s youngest daughter, Martha, followed him to Australia. She travelled on an assisted passage, aboard the St Vincent, with her husband, Newman Hollis, and their five children leaving London on 1 April 1844 and arriving in Sydney on 31 Jul 1844[15]. Unfortunately, this was just a few days before her father died (see below).
Aboard the Camden
James and Benjamin were transported aboard the prison ship Camden. According to the Journal of the ship's Surgeon Superintendent, Joseph Steret[16], on 13 September 1832, the Camden left Deptford for Woolwich where, on 14 September, the Surgeon examined 100 convicts at their respective hulks to determine whether they were fit to travel. This included 60 men on the Justitia Hulk which would have included James and Benjamin, 20 men on the Discovery Hulk and 20 on the Ganymede Hulk. All were taken on board the Camden. On the following day the Camden weighed anchor at Sheerness in Kent where a further 100 men were taken on board from various hulks.
The Surgeon commented that only two of the 200 convicts taken on board expressed an unwillingness to go, one on account of his wife and family and the other merely because he did not wish to leave England. The rest were happy at the prospect of leaving. He also remarked that there were four or five convicts who he had to reject for travel and who begged vehemently to be permitted on board. I imagine that being stuck in the hulks without prospect for travel was a daunting prospect.Convict Assignment
In keeping with the practice at the time, James and Benjamin were each assigned to a Settler. Both were assigned as indentured farm servants; James to James Arnell of Woodlands, Benjamin to Jeremiah Warlters of Port Macquarie[20].Extract from: Home Office: Settlers and Convicts, New South Wales and Tasmania; (The National Archives Microfilm Publication HO10, Pieces 1-4, 6-18, 28-30) via Ancestry.com |
It appears that Woodlands was most likely in the Hunter Valley. Other places associated with James are Musswellbrook, Newcastle and Singleton. He was a good distance away from Port Macquarie where Benjamin was throughout his time in Australia. It is unlikely that they saw each other again.
Benjamin and James' Locations - Created with Google My Maps |
James Kirk in Australia
Extract from: Annotated Printed Convict Indents - New South Wales, Australia Convict Indents, 1788-1842 State Archives NSW; Series: NRS 12189; Item: [X635]; Microfiche: 703 via Ancestry.com |
33-379; No. 7; James Kirk …...; 40 (age)[sic]; None (can’t read or write); Protestant; Married; 2 (children -boys); 3 (children girls; Buckinghamshire (native of); Farm servant ….. (indenture); sheep stealing (sentenced for); Buckinghamshire (where tried); 28 February 1832 (when tried); Life (sentence – years); None (sentence – months); 5ft 6 ¾ (Height feet and inches); Dark sallow & pockpitted (complexion); Dark Brown (hair); Brown (eyes); Cast outward in left eye, and nearly blind of it; nephew of No. 8 [Benjamin Kirk]
As already mentioned, on arrival in Australia in February 1833, James was indentured to James Arndell of Woodlands as a farm servant. While I am a little uncertain where Woodlands was, based on James’ later whereabouts, it is most likely to have been in the Hunter Valley.
State Archives NSW; Series: NRS 12202; Item: [4/4149] via Ancestry.com |
No. 41/588 5 March 1841 - Prisoner No. 33/379 - James Kirk - Ship …. Camden - Master [of ship] … Clayton - Year …. 1833 - Place of Trial …. Buckinghamshire - Date of Trial …. 28 February 1832 - Sentence …. Life - Allowed to remain in the District of Merton
Cancelled for disorderly conduct, see Govs min dated 23 November 1841 in letter from Merton Reg 41/11831. Ticket destroyed
Restored 42/2599
Extract from: Gaol Description and Entrance Books, 1818-1930; Item: 2/2016; Roll: 759 via Ancestry.com |
Standing Number - 1036; James Kirk; Arrival Ship - Camden; Arrival Year - 1833; Year of Birth - 1790 [sic]; Stature - 5ft 7 ½ inches; Make - Stout; Complexion - Dark; Colour of Hair - Brown; Colour ofEyes - Hazel[30] General Remarks - Burned Scars, right and left arms.
At some stage, James must have been released from the Hyde Park Barracks because on, 21 October 1842, a new ticket of leave (No. 42/2599) was issued in Patrick Plains District[31]. By this time, then, it appears that James was living in Singleton where he remained until his death some 35 years later.Extract from: Home Office: Settlers and Convicts, New South Wales and Tasmania; (HO10, Piece 53) via Ancestry.com |
No. 2599; James Kirk; Ship - Camden; Year of arrival - 1833; Living Where/When - Buckinghamshire 28 February 1832; Sentence - Life; Authority Under Which Granted - Governor’s Minute
The wording of the pardon reiterates that James' sentence was transportation to the Colony for his natural life and makes it clear that his pardon will become void if he goes to, or resides in, any part of the United Kingdom of Great Britain and Ireland during the time of his sentence[35]. This effectively meant that James could never return to his family in England.Benjamin Kirk in Australia
In the convict indents[37][38] Benjamin is described as follows:
Extract from:Annotated Printed Convict Indents - New South Wales, Australia Convict Indents, 1788-1842 State Archives NSW; Series: NRS 12189; Item: [X635]; Microfiche: 703 via Ancestry.com |
33-380; No. 8; Benjamin Kirk …...; 52 (age) [sic]; None (can’t read or write); Protestant; Married; 2 (children -boys); 6 (children girls; Buckinghamshire (native of); Farm servant ….. (indenture); sheep stealing (sentenced for); Buckinghamshire (where tried); 28 February 1832 (when tried); Life (sentence – years); None (sentence – months); 5ft 4 ¾ (Height feet and inches); Dark sallow & wrinkled (complexion); Dark Brown (hair); Hazel (eyes); Front teeth irregular, top joint on fourth finger of right hand contracted; uncle to No.7 [James Kirk]
I dare say that convict assignment was a bit of a lottery depending on who you got assigned to which, in turn, would have been reflected in a convict’s behaviour. It appears that, unlike James, Benjamin managed to stay out of trouble during his indenture. He was granted a ticket of leave in the District of Port Macquarie (No. 41/7866) on 3 April 1841[39]. It appears that not long after that, during 1841-42, Benjamin received a pardon, probably a conditional pardon?[40].Extract from: Pardons 1841-1842 - Home Office: Settlers and Convicts, New South Wales and Tasmania; (HO10, Piece 57) via Ancestry.com |
Extract from: Convict Death Register. Series 12213, SR Reel 690. State Records Authority of New South Wales, Kingswood, New South Wales, Australia via Ancestry.com. |
Postscript
James Kirk is my 5th Great GrandfatherNotes
[1] According to the National Archives Currency Converter 1270-2017, 45 shillings in 1830 would be equivalent to about 152.55 pounds sterling in today’s money The National Archives [Website]Accessed 24 April 2021.
[2] Class: HO 27; Piece: 43; Page: 30 Home Office: Criminal Registers, England and Wales Image via Ancestry.com. England & Wales, Criminal Registers, 1791-1892 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2009. Accessed 8 April 2022.
[3] The Bucks Gazette of 3 March 1832 via British Newspaper Archive [Website] Accessed 15 March 2020.
[4] The Bucks Herald of 3 March 1832 via British Newspaper Archive [Website] Accessed 15 March 2020
[5] The Bucks Gazette of 5 March 1832 via British Newspaper Archive [Website] Accessed 15 March 2020.
[6] Home Office: Convict Prison Hulks: Registers and Letter Books, 1802-1849. Microfilm, HO9, 5 rolls. The National Archives, Kew, England Transcript via Ancestry.com. UK, Prison Hulk Registers and Letter Books, 1802-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 8 April 2022.
[7] England Births & Baptisms 1538-1975 Transcript via FindMyPast [Website] Accessed 8 April 2022.
[8] Home Office: Convict Prison Hulks: Registers and Letter Books, 1802-1849. Microfilm, HO9, 5 rolls. The National Archives, Kew, England Transcript via Ancestry.com. UK, Prison Hulk Registers and Letter Books, 1802-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 8 April 2022.
[9] Archives NSW; Kingswood, New South Wales; Gaol Description and Entrance Books, 1818-1930; Item: 2/2016; Roll: 759 Image via Ancestry.com. New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. Accessed 8 April 2022.
[10] Marriage Index Transcript via FindMyPast [Website] Accessed 20 March 2020.
[11] England Births & Baptisms 1538-1975 Transcript via FindMyPast [Website] Accessed 7 April 2022
[12] Buckinghamshire Baptism Index Image via FindMyPast [Website] Accessed 8 April 2022
[13] Home Office: Convict Prison Hulks: Registers and Letter Books, 1802-1849. Microfilm, HO9, 5 rolls. The National Archives, Kew, England Image via Ancestry.com. UK, Prison Hulk Registers and Letter Books, 1802-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 8 April 2022.
[14] England Marriages 1538-1973 Transcript via FindMyPast [Website] Accessed 8 April 1822
[15] State Records Authority of New South Wales; Kingswood New South Wales, Australia; Persons on bounty ships (Agent's Immigrant Lists); Series: 5316; Reel: 2135; Item: [4/4785] Image via Ancestry.com. New South Wales, Australia, Assisted Immigrant Passenger Lists, 1828-1896 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Accessed 8 April 2022.
[16] Convict Ships – Camden 1833 Journal of Joseph Steret on the voyage of the Camden in 1833 via Jen Willetts Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 Apr 2022.
[17] Convict Ships – Camden 1833 via Jen Willetts Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 April 2022.
[18] Convict Ships – Camden 1833 Journal of Joseph Steret on the voyage of the Camden in 1833 via Jen Willetts Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 Apr 2022.
[19] Convict Ships – Camden 1833 Journal of Joseph Steret on the voyage of the Camden in 1833 - See Note 18.
[20] Home Office: Settlers and Convicts, New South Wales and Tasmania; (The National Archives Microfilm Publication HO10, Pieces 1-4, 6-18, 28-30); The National Archives of the UK (TNA), Kew, Surrey, England Image via Ancestry.com. New South Wales, Australia, Settler and Convict Lists, 1787-1834 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Accessed 8 April 2022.
[21] Annotated Printed Convict Indents - New South Wales, Australia Convict Indents, 1788-1842 State Archives NSW; Series: NRS 12189; Item: [X635]; Microfiche: 703 Image via Ancestry.com. New South Wales, Australia, Convict Indents, 1788-1842 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Accessed 8 April 2022.
[22] Convict Indents State Archives NSW; Series: NRS 12188; Item: [4/4017]; Microfiche: 684 Image via Ancestry.com. New South Wales, Australia, Convict Indents, 1788-1842 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Accessed 8 April 2022.
[23] Convicts Index 1791-1873 - Ship: Camden | Citation: [4/4149; Reel 939] Entry No: 41/588| Record Type: Ticket of Leave via New South Wales State Archives & Records [online database] Accessed 15 March 2020.
[24] State Archives NSW; Series: NRS 12202; Item: [4/4149] via Image Ancestry.com. New South Wales, Australia, Tickets of Leave, 1810-1869 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc. Accessed 8 April 2022.
[25] Convict Ships – Camden 1833 – James Kirk via Jen Willets Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 Apr 2022.
[26] The Gaol Description and Entrance books for Newcastle Jail indicate that James was born in 1790 - State Archives NSW; Kingswood, New South Wales; Gaol Description and Entrance Books, 1818-1930; Item: 2/2016; Roll: 759 via Image Ancestry.com. New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. Accessed 8 April 2022.
[27] Convict Ships – Camden 1833 – James Kirk via Jen Willets Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 Apr 2022.
[28] State Archives NSW; Series: NRS 12202; Item: [4/4149] via Image Ancestry.com. New South Wales, Australia, Tickets of Leave, 1810-1869 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc. Accessed 8 April 2022.
[29] Convict Ships – Camden 1833 – James Kirk via Jen Willets Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 Apr 2022.
[30] The ‘Make’ and ‘Colour of Hair’ and ‘Colour of Eyes’ are shown as ‘Do’ = Ditto in the record snippet whereas the information I have added in transcript is taken from the earlier entries to which the ‘Do’ refers.
[31] Convicts Index 1791-1873 - Ship: Camden | Citation: [4/4168; Reel 936] Entry No: 42/2599| Record Type: Ticket of Leave via New South Wales State Archives & Records [Online database]. Accessed 12 April 2022.
[32] Convicts Index 1791-1873 - Ship: Camden | Year 1833 | Citation: [4/4168; Reel 946| Entry No: 42/2599| Record Type: Ticket of Leave via New South Wales State Archives & Records [Online Database]. Accessed 12 April 2022.
[33] Convicts Index 1791-1873 - Ship: Camden | Year 1833 | Citation: [4?4458; Reel 787 Page 201-202] | Entry No: 48/1046 | Record Type: Conditional Pardon | Date: 1 Jun 1848 via New South Wales State Archives & Records [Online Database]. Accessed 12 April 2022.
[34] Home Office: Settlers and Convicts, New South Wales and Tasmania; (HO10, Piece 53); The National Archives of the UK (TNA), Kew, Surrey, England Image via Ancestry.com. New South Wales and Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Accessed 12 April 2022
[35] Copy of Conditional Pardon shared via upload to Ancestry.com by Geoffrey Walduck on 22 October 2017. Accessed 10 April 2022.
[36] NSW Pioneer Index - Pioneer Series 1778-1888 via Transcript Ancestry.com. Australia, Death Index, 1787-1985 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 12 April 2022. I can’t be sure this record is for the right James Kirk but it seems likely given James’ history and his location in the Patrick Plains area in 1842.
[37] Annotated Printed Convict Indents - New South Wales, Australia Convict Indents, 1788-1842 State Archives NSW; Series: NRS 12189; Item: [X635]; Microfiche: 703 Image via Ancestry.com. New South Wales, Australia, Convict Indents, 1788-1842 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Accessed 8 April 2022.
[38] Convict Indents State Archives NSW; Series: NRS 12188; Item: [4/4017]; Microfiche: 684 via image Ancestry.com. New South Wales, Australia, Convict Indents, 1788-1842 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011. Accessed 12 April 2022.
[39] Ticket of Leave - 4/4150; Reel 940 Entry No: 41/786 image via NSW State Archives & Records [online database] Accessed 8 April 2022 [40] Pardons 1841-1842 - Home Office: Settlers and Convicts, New South Wales and Tasmania; (HO10, Piece 57); The National Archives of the UK (TNA), Kew, Surrey, England via Ancestry.com. New South Wales and Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Accessed 12 April 2022.
[40] Pardons 1841-1842 - Home Office: Settlers and Convicts, New South Wales and Tasmania; (HO10, Piece 57); The National Archives of the UK (TNA), Kew, Surrey, England Image via Ancestry.com. New South Wales and Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Accessed 12 April 2022
[41] Convict Death Register. Series 12213, SR Reel 690. State Records Authority of New South Wales, Kingswood, New South Wales, Australia via Image Ancestry.com. New South Wales, Australia, Convict Death Register, 1826-1879 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Accessed 12 April 2022.
[42] NSW Pioneer Index - Pioneer Series 1778-1888 via Transcript Ancestry.com. Australia, Death Index, 1787-1985 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 12 April 2022
[43] Convicts Index 1791-1873 - Ship: Camden | Citation: [4/4549; Reel 690 Page 124] | Record Type: Convict Death Register | Date: 04/08/1844 via New South Wales State Archives & Records Accessed 8 April 2022
[44] Copy of Death Listing shared via upload to Ancestry.com by casdas1 on 28 July 2018. Accessed 10 April 2022.
Comments
Post a Comment