Convict indent, James Sherwood ¹

Ship’s muster
Name	James Sherwood	When tried	2 March 1824	Eyes	Grey
Arrived	27 October 1824	Sentence	Life	Hair	l. [light ?] flaxen
Ship	Mangles (3)	Age	19	Complexion	Fair
Trade/calling	Groom	Native place	Buckinghamshire	Assigned to	John Underwood, Sydney
Where tried	Reading	Height	5' 5½"
Remarks: Pretty well. [The following notations were made]: Sentence to a penal settlement reduced to (7) seven years (Col Sec letter 3 Aug 1843 No. 43/2257). Died 26 October 1843 at Norfolk Island [Col Sec letter ?] 44/1241

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Depositions for James Sherwood 16 Feb 1837 Sydney trial ²

In the Seventh Year of the Reign of
Our Sovereign Lord William the Fourth,
by the Grace of God, of the United Kingdom
of Great Britain and Ireland, King,
Defender of the Faith.

New South Wales
(TO WIT.)–            }

Be it Remembered, That John Kinchela, Esquire, Doctor of Laws Hubert Plunkett Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the First Day of February in the Year of Our Lord One Thousand Eight Hundred and Thirty seven at Sydney, in the Colony aforesaid, informs the said Court, that James Sherwood late of Sydney in the Colony aforesaid labourer on the Fourth Day of January in the Year of Our Lord One Thousand Eight Hundred and Thirty seven with Force and Arms, at Sydney aforesaid in the Colony aforesaid, feloniously, wickedly and against the order of nature, had a venereal affair with a certain one George Marshall then and there being, and then and there feloniously did carnally know the said George Marshall and then and there feloniously, wickedly, and against the order of nature with the said George Marshall did commit and perpetrate the abominable crime of buggery to the great displeasure of Almighty God, to the great scandal and disgrace of the human kind, against the form of the statute in that case made and provided, and against the peace of our Lord the King his Crown and Dignity.

[Signed] John Hubert Plunkett, [AG].

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[On the reverse of the above is the following]

In the Supreme Court
No. 3
The King against James Sherwood
Information for Bestiality [sic–Unnatural Crime]
Witnesses: George Marshall B[onded]
February 16th 1837
Plea Not Guilty
Verdict, Guilty, Death Passed.

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The Sydney Gazette and New South Wales Advertiser, Sat 18 Feb 1837 ³

SUPREME COURT
CRIMINAL SIDE
Before Mr Justice Kinchela and a Civil Jury

…
    James Sherwood, a blind ⁴ man, a prisoner of the Crown, was found guilty of an unnatural offence, committed at Hyde Park Barracks, and sentenced of death was passed upon him, to be carried into effect at such time as His Excellency might think fit.

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The Sydney Monitor, Mon 20 Feb 1837 ⁵

LAW INTELLIGENCE
SUPREME COURT – CRIMINAL SIDE

…

Thursday, 16th, February.
Before Mr Justice Dowling [sic–Kinchela], and a Civil Jury.

…
    James Sherwood, a convict attached to Hyde Park Barracks, stood indicted for an unnatural offence committed with a boy belonging to the establishment, named George Marshall. The prisoner was found – Guilty, and sentenced of Death was passed upon him.

    The Jury recommended that the boy be placed in solitary confinement for a considerable period as a means of checking that fearful depravity into which he had been drawn, and which a severe punishment would induce him in future to avoid. Mr Lane, the Superintendent of Hyde Park Barracks was called, and received the orders of the Court on that head. Mr Justice Kinchela said, that the Jury had anticipated him, as he intended to recommend that the boy be tried by the Bench at Hyde Park Barracks, for the misdemeanour, and punished accordingly.

    Mr Therry suggested, that the Governor would act wisely in withdrawing all the boys, in number between thirty and forty, from the establishment altogether; employing them by themselves at Carters’ Barracks or assigning them to Settlers where they would become useful agricultural laborers [sic].

    The Judge said, he would bring it under the notice of Government.

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Enclosure E to NSW Executive Council Minute No. 2, 1837 ⁶

367

    Report of the case of James Sherwood tried before me and a Civil Jury on the 16th day of February 1836 [sic– 1837]

  ⁷ The Information charged that the Prisoner on the 4th day of January 1837, at Sydney, (he ?) did make an assault upon one George Marshall and then and there feloniously and wickedly and against the order of nature had a venereal affair with the said George Marshall and then and there feloniously did carnally know the said George Marshall and then and there feloniously wickedly and against the order of nature with the said George Marshall did commit and perpetrate the abominable crime of buggery &c. – &c. – &c.

    George Marshall – 16 years of age, a Prisoner of the Crown, was in Hyde Park Barracks in January last – knew the prisoner there – the evening before the day in the Information, the prisoner asked me to go to him the next morning when I was let out of my room as he said he had something to tell me – I slept in the Boys’ Room and the prisoner slept in the Broom Room – the prisoner desired me when I was let out of our room in the morning to tap at the window of his room and he would let me in – next morning about ½ past 4 o’clock when I was let out of our room I went to the prisoner’s room and tapped at the window and the prisoner let me in – when I went into the room the prisoner put me against the bed and then put me into the bed on my side

368

he loosed my braces and put down my trousers and got into the bed – he put one of his hands round my waist and the other on my mouth to prevent my crying – he then put his private parts into my body – he (staid ?) there some time – he hurt me very much but I could not cry out as his hand was on my mouth – the prisoner then let me away but first desired me not to tell any one – and in the course of the day again desired me not to tell any one – I did not mention the matter to any one until a day or two after when I was brought before the Superintendent for being seen coming out of the prisoner’s room contrary to orders –

    On his Cross Examination by the Prisoner – witness stated – I cannot recollect how many persons were in the room with you at the time – there was another man lying on a bed near you, but he was blind and deaf and I believe asleep – I did not write a letter to any one – I did not like to tell any one what you did to me, until questioned by the Superintendent –

    To a question from a Juror – witness said he did not know what the prisoner wanted with him when he asked him to go to his room –

    [Timothy] Lane – the Superintendent [and Storekeeper] of Hyde Park Barracks was produced to prove the boy’s statement to him which was the same as he gave in evidence –

    The Prisoner examined the following witnesses in his defence –

    John Malone a Prisoner of the Crown – I slept a few nights in the room with you in January last, but cannot say the day – I saw you before you went to the Watch-house – I did not sleep in the room the night the crime was committed –

    Patrick Carroll, Messenger to the Police Office – I slept in the same room with you – I never saw any thing improper between you and the boy – I am not often in the Barrack in the day time – four or five men slept in the room with you –

    James Atkinson, [Hayward Atkins – Clerk to Attorney General] of the department – I do not remember the day in question – I do not remember the day you are talking about –

    One of the Jury requested to have the boy

369

Marshall produced and questioned more particularly as to his knowing what the prisoner wanted him for when he asked him to go to his room, and whether he had not consented to the crime – which the boy denied.

    In charging the Jury I told them that in point of law the consent of the boy would make no difference as to the criminality of the offence, and that if they believed that the prisoner committed the offence whether with the boy’s consent or not, that they should find him guilty, if however they had any doubt in their mind (they ?) should acquit the prisoner –

    The Jury after retiring found the prisoner guilty and I pronounced sentence of death upon him, to be executed on whatever day His Excellency the Governor would be pleased to appoint –

Signed, [Justice] John Kinchela

Hyde Park
20th February 1837

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NSW Executive Council Minute, 20 Feb 1837 ⁸

Minute No. 2

Council Chambers Sydney
Monday 20th February 1837

Present
    The Hon Lieut Colonel Snodgrass CB [Acting Governor, Kenneth Snodgrass]
    The Hon the Colonial Secretary [Edward Deas Thomson]
    The Hon the Colonial Treasurer [Campbell Drummond Riddell]

  1 – The Hon Lt Col Snodgrass laid on the table a letter of this day’s date addressed to him by His Excellency the Governor [Sir Richard Bourke KCB] informing him that he would not be present, and requesting him to preside, and to bring under the consideration of the Council.

  1.  The Reports of the Judges on Capital convictions where sentence of death has been has been [sic] passed at the late Criminal Sessions, and
…
    The Acting Chief Justice and Mr Justice Kinchela were then severally introduced and explained to Council after an attentive and mature consideration of the same advised as follows. viz
…
    JAMES SHERWOOD convicted of Sodomy – That the sentence of death passed upon him be commuted to hard labour in Irons at Norfolk Island for life, with solitary confinement at night
…
The Council then adjourned Sine die

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The Sydney Herald, Thu 9 Mar 1837 ⁹

    The sentence of death passed last Sessions on Sherwood for an unnatural crime, Owens for highway robbery, and Gray for assaulting a Corporal of the mounted Police, have been respited, and the prisoners transmitted to the Hulk for transportation.

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The Australian, Fri 10 Mar 1837 ¹⁰

    The sentences passed last Sessions upon Owens for highway robbery,—Gray, for an assault upon one of the Mounted Police,—and Sherwood, for an unnatural crime, have been commuted to transportation for life.

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The Sydney Monitor, Fri 10 Mar 1837 ¹¹

    The sentence of death passed last Sessions on Sherwood for an unnatural crime, Owens for highway robbery, and Gray for assaulting a Corporal of the mounted Police have been respited, and the prisoners transmitted to the Hulk for transportation.

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Edward Deas Thomson, Col Sec letter to Thomas Marquoid, Sheriff, 31 Mar 1837 ¹²

135

No. 37/69

Colonial Secretary’s Office
31st March 1837

Sir
    In transmitting to you the enclosed the enclosed [sic] list of Thirty Seven Prisoners now on board the Hulk under Sentence of transportation, I am directed by His Excellency the Governor to request that you will cause those Men to be shipped on the Government Brig, Governor Phillip sailing to Norfolk Island, when ready to receive them –

    I have the honor to be
       Sir etc., etc.
(Signed) E Deas Thomson

For List see next leaf (over) –

137/8

¹³ List of Prisoners under Sentence of Transportation to Norfolk Island

James Sherwood transportation to Norfolk Island, 31 Mar 1837

No.	Names	Ship	Sentence
35	James Sherwood	Mangles (3)	Life in Irons with solitary confinement at night

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Captain Alexander Maconochie, letter to Edward Deas Thomson, Col Sec, Sydney, 13 Apr 1843 ¹⁴

43/3485

[Colonial Secretary’s Office]
8th May, 1843

Recommending commutation of sentences for 10 prisoners

No. 43/12 

Norfolk Island
13th April 1843

Sir,
    I have the honor to recommend agreeable to Regulations that the remainder of the Colonial Sentences of the Prisoners named on the Margin ¹⁵ may be remitted, they having Served the periods stated against their names respectively with good conduct.

    Also, the Colonial Sentence of the Prisoners named on this Margin ¹⁶ be commuted according to Regulations.

    I have the honor to be,
Sir,
    Your Very Obedient Servant
[Signed] A[lexander] Maconochie

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[The following notes are on the above letter]

Nos. 1. 2. 3. 4. & 5 for approval – as recommended – being according to Regulations.
Nos. 6. 7. 8. 9. 10. The commutation for these Men is omitted in the Letter
[Initial illegible]

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Approved – as far as same time viz the Regulations.
[Initial illegible] May 10

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Capt Maconochie
(?) Insp Conv
12 May 1843
✓
43/5341

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Captain Alexander Maconochie, letter to Edward Deas Thomson, Col Sec, 23 Jun 1843 ¹⁷

43/5341

[Colonial Secretary’s Office]
20 July 1843

Recommending five Prisoners for Commutation of Sentence

No. 43/23

Norfolk Island
23rd June 1843

Sir,
    Adverting to the last Paragraph of your letter No. 43/57, of 12th May last relative to my recommendation of the five prisoners named on the Margin, ¹⁸ in which I omitted stating the commutation I proposed (?) I have now the honor to recommend that their Colonial Sentence may be commuted from Life to twelve (12) Years from Conviction, or to Seven Years from 13th April last to date of my letter No. 43/12.

    I have the honor to be,
Sir,
    Your Very Obedient Servant
[Signed] A[lexander] Maconochie

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[The following comment is on the above letter]

    No. 1 & 2 [below] are eligible to a commutation of sentence either to 7 or 14 Years
    – Let them be commuted to seven years [initial illegible].
    No. 3, 4, 5 [below] all Capital Respites and not having served 10 years on the Island – are as yet ineligible to any indulgence, 21 July.
    – Inform him so [initial illegible] Jul 28.

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Edward D Thomson, Col Sec letter to John McLear, Principal Sup of Convicts, 3 Aug 1843 ¹⁹

No. 43/225

Colonial Secretary’s Office
Sydney 3 August 1843

Sir
    For your information and guidance I do myself the honor to inform you that His Excellency the Governor has been pleased to grant the following Commutations and Remission of the Colonial Sentence to the undermentioned Prisoners, viz.,
William Hazleton per Norfolk (2)
James Sherwood Mangles (3)

    Their sentence to be reduced to Seven Years under the Penal Settlement Regulation and recommendation of the Superintendent of Norfolk Island.

    I have etc., etc., etc.
(Signed) W[illiam] Elyard Jnr [Chief Clerk]

 

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¹     SRNSW: NRS12188, [4/4009A], Indents of Convicts Ships, 1823-24, p. 123, R2662.

²     SRNSW: NRS880, [SC T49], Information No. 76, Papers and depositions, 1837.

³     The Sydney Gazette and New South Wales Advertiser, Sat 18 Feb 1837, p. 2. Justice John Kinchela’s note books could not be located at SRNSW.

⁴     Later-on in the proceedings it becomes apparent that Sherwood is not blind.

⁵     The Sydney Monitor, Mon 20 Feb 1837, p. 2.

⁶     SRNSW: NRS4234, [4/1444], Executive Council, Appendices to minutes, 1825-48, pp. 367-9. Emphasis added.

⁷     Mn: The King v James Sherwood B[onded]

⁸     SRNSW: NRS4232, [4/1520], Executive Council, Minute books, Minute 2, 20 Feb 1837, R2437.

⁹     The Sydney Herald, Thu 9 Mar 1837, p. 3. Emphasis added.

¹⁰   The Australian, Fri 10 Mar 1837, p. 2. Emphasis added.

¹¹   The Sydney Monitor, Fri 10 Mar 1837, p. 2. Emphasis added.

¹²   SRNSW: NRS1000, [4/3900], Col Sec, Letters to Sheriff, 1828-1851, pp. 135, 137-8. Only relevant part of list reproduced.

¹³   Mn: See letter No. 37/69

¹⁴   SRNSW: NRS905, [4/2620] (43/3485), Col Sec, Letters received, 1826-1982 (Norfolk Island). Emphasis added.

¹⁵

1.    William Curtain. Guildford (2). Original conviction Mar 1815, Life. Colonial conviction 26 January 1826 – Life C: R commuted to 7 years from 27th April 1837. Despatched 29th August 1837. Paragraph 2 – Served 6 years – 27th Instant.

2.     John Laverty. Claudine to VD Land and Layton to NSW. Original conviction 7 May 1821 – 7 years. Colonial conviction – cattle stealing – 27 October 1835. Life to 15 years commuted to 10yrs from conviction per Col Sec letter No.43/38 of 15 Mar 1843. Served 9 years 27th Instant including Oversee-ship from 25th April 1840.

3.     Thomas Jones. (?) Harcourt. Original conviction 6 December 1820, life. Colonial conviction July 1825 – Life C: R commuted to 7 years from 27 April 1837. Letter 29 August 1837 Par: 2. Served 6 years and 3 months including Oversee-ship.

4.     Joseph Barnes. Lord Melville (3) . Original conviction – 19th April 1830. 7 years. Colonial conviction (cattle stealing) – life to 10 years 3 November 1834 commuted to 10 yrs from conviction in Col Sec letter 39/58 of 9th July 1839. Served 8½ years 3rd May 1843.

5.     Thomas Forbes. Florentia (2) . Original conviction 15 July 1828 – 14 years. Colonial conviction (cattle stealing) – Life to 15 years 4 November 1834 commuted to 10 years from conviction per Col Sec letter 41/121 of 29 August 1841. Served 8½ years on 4th May 1843.

¹⁶

6.    William Hazleton or Thomas Johnson. Norfolk (2) . Original conviction 16 January 1829, 7 years. Colonial conviction 8 November 1836, life. Arrived on [Norfolk] Island 10 January 1837.

7.     James Sherwood. Mangles (3) . Original conviction 1 Mar 1824, life. Colonial conviction 15 February 1837, life. Arrived on [Norfolk] Island 21 April 1837.

8.     Abraham Meharg or Johnston Royal Charlotte . Original conviction 18th September 1824, 14 years. Colonial conviction (bashing (?) ) 13 February 1837, life. Arrived on [Norfolk] Island 21 April 1837.

9.     Michael Creegan Edward (2) . Original conviction Spring assizes 1830 – 7 years. Colonial conviction (highway robbery) 11 February 1835, life. Arrived on [Norfolk] Island 24th April 1835.

10.   John Heffernan Norfolk . Original conviction 28 October 1831 – 7 years. Colonial conviction (highway robbery) 20 November 1835 – life. Arrived on the [Norfolk] Island 28 January 1836.

¹⁷   SRNSW: NRS905, [4/2620] (43/5341), Col Sec, Letters received, 1826-1982 (Norfolk Island).

¹⁸    1.    William Hazleton – Norfolk (2) . 2. James Sherwood Mangles (3) . 3. Abraham Meharg or Johnston Royal Charlotte . 4. Michael Creegan Edward (2) . 5. John Heffernan Norfolk.

¹⁹   SRNSW: NRS962, [4/3691] , Col Sec, Letters sent re convicts, Oct 1826-May 1855, p. 124.

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