Category Archives: CRIME AND DEBAUCHERY

BASIL E KENDALL IN TOOWOOMBA 1874

Cite: http://nla.gov.au/nla.news-article1296838

BASIL E. KENDALL was committed for trial at the Toowoomba Police Court on Tuesday last, on a charge of forging and attempting to utter an order for the payment of £3 14s. 6d., purporting to be signed by Mr. Thomas Hanmer. Prisoner, who had been employed at Talgai some eighteen months ago, was given into custody in trying to pass the forged order on Mr. Bird, of the Post-office Hotel.

The Brisbane Courier (Qld.) Monday 23 September 1872

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CONDITIONAL PARDON FOR PATRICK

TRANSCRIBED.

WHEREAS, HIS LATE MOST EXCELLENCY MAJESTY KING GEORGE THE THIRD, by a Commission under the GREAT SEAL of GREAT BRITAIN, bearing date the Eighth Day of November in the Thirty First year of His MAJESTY’s Reign, was graciously pleased to Give and Grant full Power and Authority to the Governor( or in case of his death or absence, the Lieutenant-Governor) for the time being of His Majesty’s Territory of the Eastern Coast of New South Wales, and the Islands hereunto adjacent, by an Instrument or Instruments in Writing, under the Seal of the Government of the said Territory, or as he or they respectively should think fit and convenient for His Majesty’s Service, to Remit, either Absolutely or Conditionally, the Whole or any Part of the Term or Time for which Persons convicted of Felony, Misdemeanour, or other offences, amenable to the Laws of Great Britain, should have been , or should thereafter be respectively Conveyed or Transported to New South Wales or the Islands thereunto adjacent.

BY VIRTUE of such Power and Authority so vested as aforesaid, I, Sir George Gipps Knight, Captain-General and Governor-in-Chief of Her Majesty’s said Territory of New South Wales and its Dependencies, and Vice-Admiral of the same, taking into consideration the good conduct of Patrick McNally, who arrived in this Colony in the ship, Surry I – Raine – Master,  in the Year One Thousand Eight Hundred and Fourteen under Sentence of Transportation for Life  and whose description is on the bakc hereof, Do hereby Conditionally Remit the remainder of the Term or Time which is yet to come and unexpired of the Original Sentence at Chambly C’Martial  on the twenty first Day of October One Thousand eight hundred and twelve.

Provided Always, and on Condition, that the said Patrick McNally,  continue to reside within the Limits of this Government for and during the space of his  Original Sentence or Order of transportation:- Otherwise the said Patrick McNally  shall be subject to all the Pains and Penalties Re-appearing in Great Britain and Ireland ,for and during the term of  his  Original Sentence or Order of Transportation; or, as if this Remission had never been granted.

GIVEN under my hand and the Seal of the Territory, at Government House, Sydney in New South Wales, this First  day of July  in the Year of our Lord One thousand eight hundred and  forty three.

(Signed) Geo Gipps

By His Excellency’s Command,

(Signed)  E. ? Thompson.  

THOMAS BARKER AND HIS SILVERWARE

Today we had the pleasure of encountering some BARKER History on a visit to the TWEED REGIONAL ART GALLERY.

The great pleasure for us lay in the Exhibition which was just opening when we arrived. GREAT COLLECTIONS it is called and is on NSW REGIONAL TOUR.

GREAT COLLECTIONS, as per the blurb;

is a landmark exhibition that brings together iconic treasures from the eight premier cultural institutions of NSW.

The pleasure for us was in one particular section which was the THOMAS BARKER silverware and plaque. Not at all what we expected on a Murwillumbah Morning. There it was – 1830s-1850s artefacts from the man who had BASIL KENDALL tried for his dodginess. The man who employed PATRICK McNALLY and probably my own ancestor, or step/ancestor, HENRY SAMUELS. A great pleasure to be within one sheet of glass from actually touching the history we are seeking. Thanks, ART GALLERY. There was a silver platter presented to THOMAS BARKER for his contribution to the Scottish Immigrants. A plaque of Thomas’ head from 1850 and other oddments from the 1830s and 1840s.

MURBAH 001

VIEW OVER TWEED VALLEY FROM REGIONAL ART GALLERY.

ALBERT WHITEHOUSE

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As we know, BASIL KENDALL, husband of MELINDA, was brought before the courts over a series of forgeries and other activities of that nature. First records we have found are 1837 and the last was 1847. To date, we haven’t identified the consequences of his trials. In 1848, he was sentenced to 2 years in Parramatta Gaol but as to whether that was served, we haven’t found the records. He was however on the Clarence River very shortly after his trial, dying there in 1852.

In the Gazettes of1837 ( a full decade earlier) Basil is mentioned a number of times in connection with crimes in collaboration with a young Mr Berry against BARKER’s Mill. Following this period, Basil is relocated in ULLADULLLA with his Melinda and the twins, Basil E and Henry, are born at Kirmington in 1839.

I mention this in connection with Albert Whitehouse – musings (as Louise calls them) entirely. Said Albert is accused of forgery in Pitt-street in 1833. In 1835, Basil and Melinda marry in Sydney so they are contemporaneous. If this ALBERT is indeed the partner of ELIZA ( Melinda’s older sister),there could well be a connection between Basil and Albert. I am suggesting that due to the common nature of the crimes, places of residence and McNally relationships.

Albert and one other of the accused in his case managed to evade conviction due to lack of evidence but the Judge recommended that they be sent away – ‘ removed to a distant part of the colony where they could not exercise that ingenuity for which it appears they had been transported to this colony and beyond the reach of temptation.’ 

In the unlikely event that this Albert is not the one connected to Eliza McNally,nevertheless the recommendation of the Judge reinforces the idea that Basil might well have escaped prison but been sent to a place where he might escape temptation.

  • in the 1830s south to the remote ULLADULLA with his older brother and family.
  • in the 1840s to the Land beyond the Boundaries of the CLARENCE RIVER. n.b. Hindmarshes were also on Clarence at that time.

The SYDNEY GAZETTE AND NSW ADVERTISER of SATURDAY JUNE 29 1833.

http://nla.gov.au/nla.news-article2212662

The accused in 1833 are ALBERT WHITEHOUSE,THOMAS BUCKLER and ROBERT LORMER.  They were concerned in FABRICATING and UTTERING forgeries on the BANK OF NSW. The notes had been made on a lithographic press.