Category Archives: LEGAL MATTERS

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.  

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TO BASIL OR NOT TO BASIL ? HENRY !!!!

CENTRAL POLICE COURT.

The Courier (Brisbane,… Thursday 10 April 1862, page 2. News 1142 words

… CENTRAL POLICE COURT. TUESDAY.—Before Messrs. Cribb, Warry, Drury, and Bernays. Mary Ann Collins, for drunkenness and disorderly conduct, was fined twenty shil- lings, or in default, seven days’ imprison- ment.-Henry Kendall, charged with furious riding in Queen-street, alleged that his horse had

FORGERY – BASIL IN 1837 AND 1847

WITH HENRY LIKEWISE 33 YEARS LATER. HMMM! WAIT FOR THE SYDNEY GAZETTE.

We knew of Basil’s conviction in 1847 which led to a 2 year sentence to PARRAMATTA GAOL and preceded the family’s relocation to the Clarence. Now we find a number of articles regarding forgeries in 1837 and involving BARKER’S mill where Kendall Bros worked. Melinda and basil had been married less that 2 years when these charges are laid. Hmmm!

TRY THIS TANTALISER:for those of us who don’t have access to the Libraries. Thank you NLA. I have left it in the unedited form which the NLA had onsite for those of us keen or mad enough to tackle the editing – thus allowing free access for the whole online community to this vast database.

BRAVO AGAIN NLA.

The Sydney Gazette and… Saturday 22 April 1837, page 2. News 2092 words

… M John, for Lawrcnce Kendall, who \T charge of that establishment, the laltsj of whom is authorised … which li« handed ort to Mr. Dusil Kendall minus the GOD mission« On (he same evening M Kendall came … Thus the ma’tor rests for tho attendant

 

SUPREME COURT. (CRIMINAL SIDE.) SATURDAY, AUGUST 19, 1837.

The Sydney Gazette and… Tuesday 22 August 1837, page 3. News 1277 words

… perjury j Basil Kendall and Wilson Berry, for- gery. Margaret Welsh, Susannah Murphy, William…

The Maitland Mercury… Saturday 1 January 1848, page 4

http://nla.gov.au/nla.news-article713810

(Before Mr Justice Therry ) – Basil Kendall pleaded guilty of uttering a forged order, and was remanded for sentence.

If you can assist them with the editing, tagging or comments – BRAVO FOR YOU AS WELL

Police Report.

The Sydney Gazette and… Tuesday 12 June 1832, page 2. News 1181 words

… by Captain Kendall wilh refusing to work, and leaving the vessel without per missission. On

AND HENRY

http://nla.gov.au/nla.news-article1334957

The Brisbane Courier Thursday 24 November 1870, page 2.

Henry Kendall, the Australian poet has been brought up on a charge of forgery on which he was remanded. It is supposed that he is insane

CLARENCE RIVER IN NLA NEWSPAPERS OF 1852

The year that Basil Kendall died on the CLARENCE RIVER.

http://nla.gov.au/nla.news-article675606

His Excellency the Governor General has

been pleased to appoint the under-mentioned

gentlemen to be magistrates of the territory

and its dependencies, viz..

Charles Blaxland, Esq., of Merriwa.

George Henry Cox, Esq., of Mudgee.

William John Dangar, Esq., of Neotsfield,

Hunter River.

Basil Dickinson, Esq ,of Mudgee ,

John Everett, Esq., of Ollera, New England.

Jeremiah Grant, Esq, of Hartley.

William Hardy, Esq, of the Turon River.

Charles King,Esq, of the Turon River.

Charles Bland Lowe, Esq, of Mudgee.

Thomas John Markham, Esq. of Armidale ,

Francis Marsh, Esq, of Camira,

Clarence River.

Francis Murphy, Esq, of Tarawingee, Ovens River.

George Polhill, Esq , of Wellingrove.

John Anderson Robertson, Esq., of the district

of Bligh.

Jacob Meade Swift, Esq., of Brisbane,

Moreton Bay.

Frederick Vigne, Esq., of Tenterden, New England.

Robert Wilkin, Esq, of Yenolah, Gayndah.

 

http://nla.gov.au/nla.news-article675397

WANTED, an AGENT for the MAITLAND MERCURY at GRAFTON.

Clarence River. Applications to be addressed

R. JONES,

Mercury Office, Maitland

______________________

THE FINDING OF GOLD NEAR GRAFTON 

JAN 1852

http://nla.gov.au/nla.news-article675162

______________________

http://nla.gov.au/nla.news-article674746

AGENT WANTED FOR THE MAITLAND MERCURY AT GRAFTON

_______________________

SHEEP STATION FOR SALE

http://nla.gov.au/nla.news-article674383

________________________

http://nla.gov.au/nla.news-article669244

THE OUTRAGEOUS PRICE OF LAND

Finally, Mr. Fry, crown commissioner for the

Clarence River District, when asked whether

any land in the pastoral districts would sell for

5s. an acre, replies-” It is impossible to calcu-

late upon the amount of folly that may exist

in the community. Some might be sold, but I

am sure it would not pay.”

__________________________

MUDIE ON CONVICT AND THEIR LADIES

MUDIE WAS DILIGENT IN PURSUING A MAN BY THE NAME OF WATTS. HERE IS AN EXTRACT OF THE ISSUES WHICH INCENSED SAID MUDIE. THESE COVER THE PERIOD OF TIME IN WHICH MELINDA MARRIES BASIL.

The date of Mr. Cavanagh’s first application to’Mr.
Hely, relative to Watt, was 7th January, 1835; and, a
document published in the Sydney Monitor of September
12, 1836, certifies, in the usual wav, that Jemima Chapman
was delivered of a female child in the factory, on
the 17th of April, 1834, and that the said child was the
offspring of her (the said Jemima Chapman, a convict),
and of William Watt, also a convict.
This certificate is of the birth of the first of the children
born by Chapman to Watt ; and Mr. Cavanagh, in
his charges, and also in his affidavit, declares that Watt
and Chapman were actually cohabiting together at the
time that his (Mr. Cavanagh’s) charges were preferred, and
that they had been so cohabiting together for years, and
had issue !
These dates are very important; for, about six months
afterwards, when the author of this work, then a justice
of the peace, at length succeeded in bringing Watt before
a bench of magistrates, justice was again defeated, —
and one of the pretexts for defeating justice was, that the
alleged offence of the cohabitation had taken place so
long ago, that it was not fit that it should now be entertained !
The circumstances attending the second ineffectual
attempt to bring Watt to justice are still more extraordinary
than those which have just been narrated.

PATRICK WAS ASSIGNED TO HIS WIFE JUDITH MCNALLY. ONCE AGAIN MUDIE HAD STRONG OPINIONS ABOUT THESE MATTERS AND THE POWER AS MAGISTRATE TO ACT UPON SOME OF THEM.

Indeed, the more knowing ones, — that is, the very
worst characters amongst the convicts, — seldom undergo
any real punishment at all.
Whether thieves, burglars, receivers, forgers, swindlers,
or mail coach robbers, if they are ” well up to the
trick,” they bring out with them letters to some of the ”
old hands” in the colony, so as to ensure their being
applied fort as assigned servants by persons of the right
sort.
If they have secured a portion of the plunder they
had acquired in England, they easily make themselves
comfortable ; for in that case they enter into copartnery,
under the rose, with some one or other of the
emancipated felonry, who, being enabled by the funds of
their convict partners to take houses or enter into business,
apply to have their partners assigned to them as
servants, and the gentlemen convicts fall upon a bed
of roses at once !
If a wife has been left in England with the charge of
the spoil, she follows her husband in the first ship ; —
on her arrival she takes a house, and then petitions the
Governor to have her husband, — the father of her children,-—
assigned to her as her servant, — in which petition

her husband of course joins. If she has no children of
her own, three or four brats are easily borrowed in Sydney
for the purpose of stage effect ; and off she sets for
government-house, where the sight of the affliccted
lady and her little ones of course has a wonderful influence
over the sympathetic Governor Bourkc.
In short, having brought with her a supply of the “
saag,” as the convicts call their ill -gotten cash, a wife
seldom fails of having her husband assigned to her, in
which case the transported felon finds himself his own
master, in possession of all the present wealth his past
nefarious courses may have procured for him, — and on
the road to future fortune.
For the very worst characters who are transported,
therefore, it appears that New South Wales is not any
punishment at all, or at least that it is easy for them,
owing to the careless laxity and childish leniency of the
colonial authorities, to evade the punishment which their
crimes have merited.

 

it
appears from the census, taken in September, 1833, published in
the next Government Gazette after the 1st December, 1833, that
it was then estimated that there were in this colony, free males
above twelve years of age, 18,878; convict males, 21,445, and
that he had been informed that the number of free emigrants since
arrived, up to November, 1835, has been 2800, of whom 905 are
men, the rest being women and children ; and that the number of
convicts airived since the same time, has been 8163, of whom

7357 are males.

MUDIE ON HIS DISMISSAL AS A MAGISTRATE

The author treats his dismissal from the magistracy by
Governor Bourke, or any other attempt at putting an
affront or indignity upon him, by such a. government as that
of New South Wales now is, with as much contempt and
scorn as he treated the accusations of his convict servants,
to which the colonial government listened, or were disposed
to listen, with so much eagerness.
He does not exaggerate, when he declares that he considers
the good or bad opinion of the convicts themselves,
or the good or bad opinion of their convict-loving governors,
as being precisely of the same value, or rather as
being equally insignificant and worthless.
Nay, considering who the gentlemen are, along with
whom the author was dismissed from the magistracy, he
looks upon his dismissal as a positive honour conferred
upon him, instead of an indignity.

BRINGING IN JOHN MCGARVIE AND THOMAS BARKER

Of these operations General Darling says, (referring
to a time at which, while governor of the colony, he had
done the author the distinguished honour of visiting him
at his residence on the Hunter) ” My stay at Castle Forbes
was so short that I had not an opportunity of going over
your grounds : but, judging from the farm-yard, there
could be no doubt that they were well cultivated, and
I remember remarking that the stacks of wheat were very
numerous, and on a larger scale than I recollected to
have seen on any former occasion.”
The Rev. John M’Garvie, minister of St. Andrew’s
Church, Sydney, says, “The estate of Castle Forbes
presents one of the most extensive and best conducted
agricultural establishments in New South Wales ; and,
as you were the first settler in that vicinity calculated to
get an example of spirited enterprise to your less opulent
neighbours, I feel confident that the extent and judicious
management of that estate have tended, in a most material
degree, to give that pleasing, comfortable, and
British-like aspect to the whole district, for which it is
remarkable.”
Thomas Barker, Esq., a mag-istrate, and the most ex-

tensive purchaser of grain in the colony, says, ” I have
had opportunities of informing myself of the numerous
difficulties a settler contends with, in bringing a tract of
country into cultivation ; and having visited your late
estate of Castle Forbes,” ” my opinion of your agricultural
exertions is formed from seeing the state of your
farm in 1834, with the barn yard full of the largest wheat
stacks I ever witnessed ; doubtless your exertions must
have been : very great, and you must have expended a
considerable sum of money in improvements, for amongst
the settlers in that respectable district, I do not know
any who cultivated so extensively, and sent so much
wheat to the Sydney market.”

 

A LETTER REGARDING JAMES MUDIE FROM JOHN MCGARVIE WHO MARRIED MELINDA AND BASIL ON AUG 1 1835

From the Rev. John M’Garvie, Minister of St. Andrew’s
Scots Church, Sydney. .
Sydney, 30th March, 1836.
Dear Sir,
I have this moment received your letter, in
which you request me to state, whether I ” have heard or
known any thing to affect your character, as a private Gentleman,
or as a Magistrate ;” and also, what I ” know respecting
the extent of your agricultural exertions, and your mode
of treatment of the convicts in your employment.”
It gives me much pleasure to state, that,
during a personal acquaintance of more than seven years, I
have neither known nor heard any circumstance that could
affect your character, as a private Gentleman or as a respected
member of society. I have had occasion to sojourn in your
house at Castle Forbes ; I have repeatedly exercised the

duties of my sacred calling, in the family of your nearest
relatives, where you resided, and I have often met you in
private life ; and I have not the slightest hesitation in adding
to that of your numerous friends, my humhle tribute of
testimony to the correctness of your deportment and excellence
of your character.
The estate of Castle Forbes presents one of
the most extensive and best conducted agricultural establishments
in New South Wales; and as you were the first settler
in that vicinity calculated to set an example of spirited enterprise
to your less opulent neighbours, 1 feel confident that
the extent £nd judicious management of that estate have
tended, in a most material degree, to give that pleasing, comfortable,
and British-like aspect, to the whole district, for
which it is remarkable.
It also comes within my own knowledge,
that you have given encouragement to the performance of
divine service, in your own house, when opportunity offered ;
that you have proposed to set apart a portion of ground on
your own estate, for the erection of a church ; and in every
instance in which ministers of our communion (and of these
I speak with perfect certainty) have expressed a desire to
exercise their sacred functions, at Patrick’s Plains, or Castle
Forbes, you have forwarded their views, and opened your
hospitable mansion for their reception. When I attended at
Castle Forbes, I was particularly gratified by the appearance
of comfort, regularity, and respect, presented by the convict
portion of the audience.
As I have not been present on any occasion
when you have exercised the office of Magistrate, I do not
feel so competent to give an opinion, as other friends perfectly
acquainted with the subject. But your firmness, discrimination,
urbanity, and strict love of justice and truth, in
private life, enable me to judge that upright and honourable

feelings only have actuated your conduct, in dispensing justice
and law, impartially, to Bond and Free.
On the eve of your departure, I cannot
close this letter without an assurance of the happiness it will
give to your numerous friends, to hear of your safe arrival
in England and speedy return to Australia. For your future
happiness, I can only add my most fervent wishes.
I am,
Yours truly (
Signed) JOHN M’GARVIE.

 

AND FROM THOMAS BARKER EMPLOYER OF THE KENDALL BROTHERS AND PATRICK MCNALLY

From Thomas Barker, Esq., a Magistrate for the Territory,
and the most extensive Purchaser of Grain in the Colony.
Sydney, 2dth March, 1836.
My Dear Sir

 

have had opportunities of informing myself of the numerous
difficulties a settler contends with, in bringing a tract of
country into a state of cultivation, I having visited your late
Estate, Castle Forbes, you request my candid opinion of the
extent of your agricultural exertions.
With regard to the first question I can only
reply by reiterating the sentiments of every respectable Colonist, —
that I most sincerely believe you have at all times conducted
yourself as became a Gentleman, a greater proof of
which cannot be, than the estimation in which you are held
by persons of respectability, and the very close intimacy that
subsists between you and them.
With respect to your Magisterial capacity,
I have every reason to believe you have acted most conscientiously
in the discharge of the various arduous duties imposed
by that office.
My opinion of your agricultural exertions
is formed from seeing the state of your farm in 1834, with the
barn yard full of the largest wheat stacks I ever witnessed.
Doubtless your exertions must have been very great, and you
must have expended a considerable sum of money in improvements ;
for amongst the settlers in that respectable district, I
do not know any who cultivated so extensively, and brought so
much wheat to the Sydney market.
I cannot close this without an expression of
regret, that you should feel compelled to leave us. I trust,
however, we may shortly have the pleasure of again enjoying
your society. Believe me you carry with, you every good
wish for your safety and speedy return.
Yours very truly, (
Signed) THO. BARKER.

MORE OF MUDIE AND HIS VIEWS OF THE COLONY

MUDIE’S ROMANCE OF THE FELONRY OF NSW

By the colonial law, a convict only holds his ticket-
of-leave during ” good behaviour.” For any irregular,
immoral, or unlawful conduct, his ticket-of-leave ougtyt
to be taken from him, and he is subjected to such further
punishment as the summary tribunal before which
he is tried may apportion to his offence.
Independently of the gross public immorality, and
indecency of Watt being at all connected with the Sydney
Gazette, and independently of the infamous purposes to
which he prostituted that government journal, he was
at the time living in open contempt of a colonial regulation
whereby he was bound to attend a general muster
of all the ticket-of-leave men, at stated periods, within
the district of Sydney ; he was at the same time leading
a life of profligacy ; he was known to be habitually a
liar in private, as he was a traducer and a libeller in
public ; he was living in open adultery with a female
runaway convict, transported for life, who bore two

children to him, and whom he had the audacity to send
to the factory, that her lyings-in might be defrayed at
the public expence ; and that the offspring of his adulterous,
and (in other respects by the colonial law) peculiarly
criminal intercourse, might be maintained at the
expense of the same public, whom he was daily demoralizing
and endangering by his pestilent and atrocious
writings.

MUDIE’S METHOD OF DEALING WITH RECALCITRANT ROMAN CATHOLICS ET AL :

The convicts, as may be readily supposed, are generally
profligate, treacherous, dishonest, and mutinous.
It is a fearful thing for an agricultural settler to be
placed in the midst of from twenty to fifty such labourers
and household] servants, — prejudicially operating,
by their atrocious example, their disgusting manners, and
horrid language, upon his family,— and continually engaged,
more or less, in plundering him and his neighbours.
Even when divine service was performed at the
establishment of the author, which he procured being
done as often as circumstances would permit, many of
his convict servants falsely excused their non-attendance
on the plea of their being Roman Catholics. Their
object was, to go upon predatory excursions while the
family and the rest of the establishment were engaged
in the ordinances of religion. This purpose, however,
as soon as discovered, was defeated, by compelling all
the real and pretended Roman Catholics to muster out-
side the building, and to remain there during the time
of worship. Their conversion to Protestantism was
miraculous, none of them withstanding this tett act more
than twice or thrice,— but all successively taking their
places in the congregation.
From the lenity of the colonial government in the
treatment of these ruffians, not only are they insubordinate
and mutinous, but they are even full of high notions
of their own dignity !
Masters have been reproved for speaking with too
little respect to the gentry assigned to them
as servants !