James Atkinson

341

Maureen Withey on 30th July 2021

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 30 July 2021), January 1842, trial of JAMES ATKINSON, alias John Smith, (t18420131-838). JAMES ATKINSON, Miscellaneous > returning from transportation, 31st January 1842. 838. JAMES ATKINSON, alias John Smith, was indicted for feloniously, and without lawful excuse, being at large within Her Majesty's dominions, before the expiration of the term for which he had been ordered to be transported. MR. DOANE conducted the Prosecution. BARTHOLOMEW HERRING (police-constable P 187.) I produce a certificate which I received from Mr. Straight, the deputy clerk of Assize—I saw Mr. Straight sign it—it is his signature—I took the prisoner into custody in company with my brother officer, on the 28th of December last, at his father's house, in the parish of St. Mary, Newington, in the county of Surrey—I asked him what his name was—he said, "John Smith"—I told him he was taken for being at large before the end of the term of his sentence for which he was transported—he said, "I was never out of the country in my life"—I searched him, and found on him some files in a box with some lucifers—I saw this handkerchief with him coming along, and also some skeleton keys—(the certificate was here read, stating that the prisoner had been ordered to be transported for life.) GEORGE GOFF . In December, 1828, I was a constable of St. Mary's, Lambeth—I was at Kingston Assizes that month, and saw the prisoner there—I was present at his trial—another man, named John Wigg, was tried with him—I was in court when sentence of death was ordered to be recorded—I had known him before, and am quite sure he is the man who was then convicted, and sentenced—he was tried before Mr. Baron Vaughan, or Mr. Justice Burrows, I do not know which—they were both there at the time. Cross-examined by MR. CLARKSON. Q. Before Sir James Burrows, was it? A. I think it was—I am not certain which it was—I had two cases there, and one was tried before one Judge, and one before the other—one case was for robbing Judge Bay ley's sister, Mrs. Hankey—it was in 1828—I went down on the Saturday as the Assizes began, and they finished on Thursday, the 1st of January—the prisoner is altered—he is older, but there is something about him by which I should know him—he is altered in colour, according to the length of time he has been gone, but not so very much—when I saw him at Union-hall, the officers told me he had been up twice before—if there is anything due to me for this, I expect to get whatever there is—I know there was formerly an Act of Parliament where there was a reward—I do not know whether there is now—I did not come into office till the rewards were put an end to—I was sworn in in 1817, and left in 1831 or 1832, on account of the new police being established—when I applied for my warrant to be renewed, they told me I was not wanted—I was not a constable of Union-hall, only as an extra-constable to assist the others—I was never on the establishment—I do not know that there was any other reason for my leaving—I had no fault found with me—I was never accused of anything—I gave evidence against a few men for the Mint—my conduct with respect to coin was never investigated to my knowledge—no fault was ever found with me to my face—I did not say when the prisoner was shown to me, that he was so much altered I should not have known him, nor any thing to that effect—that I swear—I am quite positive of him—I have not been inquiring about what money will be coming to me—I swear that—I have not been to the Secretary of State's office to inquire about any reward—I went there about a week or a fortnight ago—there was no quarrel between me and any other person about the way in which we were to get the money. MR. DOANE. Q. What did you go to the Secretary of State's office for? A. To ask whether there was any account of this man's having deserted, because I would not make any mistake. ROBERT COLE . I am a watchman in the County jail, at Horsemonger-lane. I remember the prisoner being brought to the jail, in 1828, with John Wigg—I cannot exactly say the date—I remember the Assizes being held at Kingston—it was before the Assizes that he was brought—I saw him go down to the Assizes, and I saw him after the Assizes—I took him on board the Dolphin bulk, at Chatham, with other convicts—I was one of the guards—the prisoner is the man. Cross-examined. Q. You recollect him perfectly, do you? A. Very well—he looks rather darker, and older than he did in 1828, but there is no difference in his features—I went before the Magistrate on this charge, and stated that I knew him—I did not express the least hesitation, or say that I should not have known him—I knew him him directly I saw him. RICHARD MYERS . In 1828 I was a constable. I was at the Assizes at Kingston in December that year—I took the prisoner down in a van among a number of others—I had known him for a number of years before—I was present at his trial, and brought him from the Sessions-house to the jail—I have no doubt in the world that he is the man. Cross-examined. Q. When did you cease to be an officer? A. When the new police came in force, that was the reason—I sent my warrant in—I was a parish-constable—I used not to be employed by the Mint—I used to go there occasionally—there was no investigation about my conduct—I was in business as a tobacconist, but have retired these two years—I have lived in the same house thirty years. GUILTY . Aged 32.— Confined Six Months, and then Transported for Life. -------------------------------------------------- National Archives. ADM 101/39/41842-1843 Medical and surgical journal of Her Majesty's hired convict ship John Renwick for 4 November 1842 to 15 April 1843 by T E Ring, Surgeon, during which time the said ship was employed taking convicts from England to Van Dieman's Land. (Described at item level). Folio 2: James Atkinson, aged 40, convict, disease or hurt, dyspepsia. Put on the sick list, 24 January 1843. Discharged 29 January 1843 as cured. ---------------------------------------------------- Tasmanian Convict Conduct Record. https://stors.tas.gov.au/CON33-1-38$init=CON33-1-38p6 Transported for being at large before the expiry of a term. Gaol report Transported before. Hulk report Good, single. Stated this offence, Returning from transportation I left this colony per Success in 1836 having stowed myself away in the forepart of the hold, I was a Constable at the time of my escape my sentence was life per Surrey 2 in 1829. the Success went to Sydney, where I remained 4 or 5 years continuing my trade, painter & glazier. Left Sydney in 1841 per Sparta for London. My brother informed on me. Single. Surgeon’s report – Boatswain, attentive and diligent. Can read and write. Trade, Plumber, painter & glazier. Age 39, 5 ft 7½. Native place, Newington Walworth. Various punishments and offences recorded.