Summary
Personal Information
Crime
Transportation
Francis Badcock was transported on the Nile, departing 18th Sep 1857 and arriving 1st Jan 1858 with 271 passengers.
Nile (generic)References
| Primary Source | Australian Joint Copying Project. Microfilm Roll 93, Class and Piece Number HO11/18, Page Number 243 (123). --0-- Edgar, W. (Bill). (2018). “The precarious voyage of her majesty’s convict ship ‘Nile’ to the Swan River colony, late 1857 – and the unexpected aftermath.” The Great Circle, 40(1), 20–43. https://www.jstor.org/stable/26783779 |
| Source Description | This record is one of the entries in the British convict transportation registers 1787-1867 database compiled by State Library of Queensland from British Home Office (HO) records which are available on microfilm as part of the Australian Joint Copying Pro |
| Original Source | Great Britain. Home Office |
| Compiled By | State Library of Queensland |
| Database Source | British convict transportation registers 1787-1867 database |
Claims
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Convict Notes
From his Fremantle jail record: BADCOCK, Francis; inmate #8182, Colonial conviction Other No: 4714 (per Nile) Date of Birth: 1831 Marital Status: Unmarried Occupation: Labourer Sentence Place: Perth, Western Australia, Australia Crime: Manslaughter Sentence Period: 12 years Previous Convictions: Yes Certificate of Freedom Date: 30 May 1877 Comments: General servant, labourer, shepherd (https://fremantleprison.com.au/). --00--
THE TRIAL: 12 April, 1865: From the Inquirer, p3: "Supreme Court -- Francis Badcock was charged with the murder of Emma, an aboriginal native, on the 25th of February last. The Attorney-General opened the case, and called James Atkinson — I am a fisherman, and in February lived on the other side of Bryant's, opposite Towton's. I lived with Badcock, who is a boatman. There was only one room; and Badcock lived with Emma. She is dead. I recollect going home from Towton's one Saturday after noon, and went into the room, and saw Emma lying on my stretcher. She was asleep. I left the room, and went to James' to look for Badcock, and came back in about ½ an hour, shortly before dark. I do not know the, time — I was too drunk; but I knew what I was about. I took Emma off my stretcher, and lay her on the floor. She was very drunk, and dropped asleep, and I lay on my stretcher, and fell asleep. I recollect Badcock coming in. Just before this I had lighted a candle, and she tried to get the door open to go out. Just as she was opening the door, Badcock came up and gave her a slap, saying, "What ! the old way again." She fell down by the table, and he told her to get up, and put her skirt on. He kicked her once or twice; I could not say where. She was rolling about; he had his boots on. He did not kick her as violently as he could do. I said "You'll lame the girl — drop it," and he said "You've got nothing to do with it." She said, "Oh, don't; oh, don't," and made no noise. A man named Adams came to the door. Badcock had nothing in his hand when he kicked her; but I saw him hit her once somewhere about the forehead with a frying-pan afterwards. When Adams came, he said to Badcock, "If you don't leave off kicking up a row, I'll give you in charge." After Adams had spoken to Badcock, he kicked her once; but I did not see him hit her with the frying-pan. This is the frying-pan, and I expect it was so bent by striking Emma; it was not bent before. There was an axe, which Badcock took up, and was going to hit her with the handle, when I said, "Oh, don't do that, you'll kill her." So he put it down, and I took it away. All she said was, "Oh don't, Frank, don't." I did not see him strike her after he put the axe down. I do not know who came besides Adams. I know his voice. Badcock took the candle from the fire-place, put it on the floor, and, without taking his clothes off, lay down by the side of Emma. In the morning Badcock came to him a little after six, and said, "She's gone." I said, "Where?" thinking she had gone home; but he said, "She's dead." I went to her, and felt her hands and her breasts; I found she was dead. Badcock came and sat down by my stretcher, shook hands with me, and said he should go and give himself up, and he went away. The boots now produced are what he had on. Serjeant Snook went to the house with Dr. Ferguson, and saw the body taken away. Emma used to work for Mr Towton. By Mr Howell— I do not recollect when I went home, but in the morning Frank and I went out, and went to Towton's. Badcock had the key, and I did not get it from him. Emma was at Towton's when we went in. I have many a time found them both on my stretcher, and ordered them out, because I did not want them there. I was about half an hour away when I went to James', and on my return put her on the floor; she was very drunk. I do not think she could get away to the swamp. I was asleep before Badcock came in. I did hear her stumbling about the room, and saying, "Frank, strike a light;" and then I got the matches. I do not know, who opened the door. I struck the light before Badcock came in. He then gave her the slap in the face. I told him I thought he had brought her, and placed her on my stretcher, but he said he had not. Badcock and I had no quarrel about Emma being there. The slap on the face knocked her down, she made no noise at all. She said "Forgive me." He did not accuse her of anything. The axe Badcock took up had the head on, and he put it down when I spoke to him. He did not strike her with it, he only looked at it. I only saw him strike her once with the frying-pan. Badcock was pretty drunk when he came in. I was getting sober. Enoch Adams — I am an engineer, and work for Mr Solomon Cook. I know the prisoner by sight; he lives with Atkinson, who is my tenant. On the evening of Saturday, the 25th of February, I went to Atkinson's. I rapped at the door, hearing a loud talking, and at times blows, as I thought. I heard a man speaking to some one else, and the voice of a woman saying, "Forgive me, Frank; forgive me." I heard the words repeated, and I heard him say, "I'll make you remember it as long as you live." So I went to the house, and called Badcock out. I listened about two or three minutes before I knocked at the door. I did not look in. Badcock came; and I know it was Badcock who said, "I'll make you remember it." He told me to go away, and mind my own business. He was staggering; and I told him I would have no noise. There was a light in the room, but the blind was down. It was near ten; several were standing round; my wife was next door; one wall divides the two houses. It was two or three minutes after ten when I left Badcock's door. I might have stayed there about a quarter of an hour, and during all this time I heard these noises. I heard moaning after I left the door. I rent the house from Mr Cook. The moaning continued about twenty minutes after I left. I can not say that I heard blows after I left. Next morning Atkinson came, and told me the girl was dead; so I went in, and saw her dead. I had not seen her before. I saw a frying-pan by the side of the fireplace. When I heard her call out it was in a faltering voice, as if she was drunk... Dr Ferguson here described the nature of the injuries the deceased appeared to have received by severe blows on the upper part of the chest, which broke a rib, and also some blows on the head, as from a frying-pan. The latter did not seem to be fatal. Mr Howell shortly addressed the Jury, urging that the offence was manslaughter, at the most. The Chief Justice, in summing up, called the attention of the jury to the distinction between manslaughter and murder, and after shortly referring to the facts as disclosed by the evidence, the jury found the prisoner guilty of manslaughter. Sentence — 12 years' penal servitude." (https://trove.nla.gov.au/newspaper/article/66014909) --00--
29 March, 1865: From the Inquirer, p2: "Local & Domestic Intelligence. Criminal Calendar. — The following cases will be tried at the Supreme Court on Wednesday next, 5th April: ... Francis Badcock, c.p., murder of aboriginal native girl Emma, at Perth..." (https://trove.nla.gov.au/newspaper/article/66014528). --0--
INQUEST INTO THE DEATH OF EMMA: 3 March, 1865: From the Perth Gazette, p2: "A BARBAROUS murder was committed in Murray-Street, Perth, on the night of Saturday-Sunday last, the victim being an aboriginal woman known as "Black Emma". It appears from the depositions made at the inquest, that some time since the woman lived with a boatman named Frank Badcock, but that lately she had refused to do so. On Saturday evening they were together at the "No Place Inn", and on leaving the man was heard urging her to go home with him which she refused to do. The next we hear of her is from a person named Atkinson who states that upon his going home to a room occupied by him, and in which Badcock also lived when not engaged on the river, and he there found Emma drunk and asleep on his bed; Atkinson removed her to the floor laid himself on the bed and went to sleep; he was awoke about ten minutes to ten by hearing Badcock at the door, who was let in by the woman, who was immediately knocked down by him and while on the floor was kicked, he telling her at the same time to get up and go away; the woman only replied "don't Frank don't, pray forgive me"; Badcock continued to kick the poor creature, and Atkinson told him not to do so as he might hurt her; a neighbor then called Badcock out and told him that if he did not leave off making such a noise he would call the police. It will scarcely be believed that all this time there was a candle burning in the room and Atkinson laid quietly on his bed looking at what was going on, and never offering to save Emma from his companion's violence, but on the neighbor leaving Badcock took up an axe, and Atkinson did then jump up and take it from him; afterwards Badcock took up a frying-pan and with it struck the woman on the head, and then Atkinson says he took that from him also, telling him he might kill her, Badcock then laid down by the side of his victim, and if Atkinson is to be believed they all went to sleep, as the next thing he was conscious of was Badcock's waking him in the morning and telling him Emma was dead, and soon after Badcock went to the police station and gave himself up. A post-mortem examination of the body showed three different wounds on the head, which could not have been inflicted with one blow; the tisuess of the left side were bruised into a state of pulp, the eighth rib was broken in two, and the broken ends had lacerated the lungs; there was more than a pint of blood in the cavity of abdomen. The magisterial inquiry has not yet terminated." --0--
IN WA: From his Fremantle jail record: BADCOCK, Francis; inmate #4714, arrived 1 Jan 1858 per Nile Date of Birth: 1831 Marital Status: Unmarried Occupation: Boot closer Literacy: Semiliterate Sentence Place: Oxford, Oxford, England Crime: Larceny, stealing ginger Sentence Period: 6 years penal servitude Ticket of Leave Date: 4 Oct 1859 Conditional Pardon Date: 29 Nov 1861 Comments: Reconvicted in Western Australia (https://fremantleprison.com.au/).
OCCUPATION: He was listed on court documents as a boot closer -- a person who stitched together the parts that make up the shoe upper (https://www.familyresearcher.co.uk/glossary/Dictionary-of-Old-Occupations).
10 September, 1857: Sent from Portland, where his behaviour was listed as "good", to board the Nile for transportation to WA (UK, Prison Commission Records, 1770-1951; Portland Prison; Prison Records to 1875). --00--
25 March, 1857: Portland -- inmate #6903. Portland, Chatham, Portsmouth and Spike Island in Ireland were listed public works stations and the second stage in the penal process. After separate confinement, prisoners were “placed on work parties at various locations, most commonly naval stations, where maintenance of facilities was vital for the effective protection of Britain’s far flung commercial and military influences around the world. While there, attitude and behaviour were monitored closely. In theory, only after consistently positive reports was a prisoner moved on to the third stage of his incarceration — transportation.” (Edgar, p40) He was listed as 26 years old (at conviction), single, reads and writes imperfectly, Church of England, labourer; convicted for stealing 8 bottles of ginger beer and 2 bottles of lollypops; next of kin -- father John Badcock, Nelson, Street, Jericho, Oxford. He had a previous felony conviction in 1850, for stealing faggots, with a sentence of transportation for 7 years; but was granted a ticket of leave and held same when arrested for larceny in 1856. Note: A faggot or fagot refers to a branch or twig, or bundle of them. A faggot was also an archaic unit of measurement for bundles of sticks (https://en.wikipedia.org/wiki/Faggot). --0--
1 September, 1856: Leicester -- served 6 months 24 days in separate confinement; behaviour "very good". “After a sentence of transportation was handed down, the prisoner entered into a separate stage where he was placed into an individual cell, isolated from others, apart from brief periods of exercise and attendance at chapel. However, no communication of any kind with other prisoners was permitted at any time. The philosophy behind this penal methodology had its provenances in the religious, monastic traditions; i.e., that in the isolation of his cell the malefactor would be able to contemplate the errors of his way, unadulterated by the negative influences of former contemporaries, and be reformed.” (Edgar, 2018, pp39-40) When first put into practice, the mandated period of separate confinement was 18 months. By the late 1840s, authorities had conceded that such conditions of imprisonment were “injurious to many prisoners’ mental health” and the stint was reduced to 12 months. Periods of separate confinement were reduced further “as a prisoner displayed good behaviour tendencies” (Edgar, p40). Millbank, Wakefield, Pentonville and Mountjoy in Ireland were the “Probation” or “Separate” prisons, as were some local jails. --0--
JAILS: 20 June, 1856: Oxford -- admitted awaiting trial for larceny; following his conviction on 7 July, he served 1 month 26 days in separate confinement at Oxford. --0-- During that time, a rare event occurred and in which Francis Badcock appears to have played a key role: From the 'News of The World', August 17, 1856 -- ESCAPE FROM OXFORD GAOL One of the university police, on passing the north side of the gaol, in Gloucester-green, observed something in the shape of a ladder, made of strips of a blanket, hanging down the wall. He aroused the governor and turnkey, who, on examining the cells in the top range, three stories high, found that a convict named Priest, under sentence of six years’ penal servitude, had made his escape. The window consists of a small pane of glass on the one half and a slide-shutter on the other, the latter when pushed aside exhibiting several iron bars to admit air. One of these bars, an inch square in thickness, had been cut completely in two by some sharp instrument, thus leaving an aperture for escape of only 10¾ inches by 7¾inches. On the outside of this window is a wooden contrivance, called a louvre light, placed there to obstruct any view from the interior of the cell. Priest had torn his bed-rug into strips, and tied it together with thin strips of his check shirt, and having made a stout thick line, secured one end of it to the iron bars of the window; he then managed to squeeze himself through the small aperture on to the louvre light, which he got over; and this must have been attended with great difficulty and danger. Having the rope in his hand, he let himself down to a depth of about 35 feet into the day-yard, which he crossed, getting over the palings, from 10 to 12 feet in height, into the garden. He then made his way up a stone staircase to a part of the prison near the chapel, where were kept the long handles of a Turk’s head, or broom for sweeping ceilings. Equipped with these, his next effort was to scale the boundary wall of the gaol, and this must have puzzled him, in consequence of the great height of the wall He first tried what he could do in an apple tree, but this was not sufficiently high to enable him to throw his rope-ladder over the top of the wall. He then went to a distant part of the garden, and finding a tub, placed it near the wall, and having provided himself with a bag, made of his shirt and blanket, and half filled with stones, he was enabled by the aid of the long broom handles to raise the bag of stones and the rope-ladder to the top of the wall. Having secured the bag of stones on the outside of the wall, he must have ascended by means of the ladder. When on top of the wall the bag of stones and the ladder were reversed, and he let himself down into Gloucester-green. He escaped with only his drawers and stockings on, as the remainder of his clothes, with the exception of his shirt, which he tore up to assist in effecting his escape, were found in his cell. The bar in his cell was cut in two by means of a steel spring, which Priest, it has since transpired, had obtained from another convict, named Badcock, and converted into a saw. Badcock expected Priest to assist him to escape also, and was much disappointed at his not doing so, but Badcock’s cell was too near the governor’s and turnkey’s rooms to permit it. No tidings have been heard of Priest. - We understand that this is the only escape from the City Gaol which has been effected during the whole time the present Governor (Mr. Bossom) has held his office, a period of 17 years, notwithstanding that he has had in his custody many notorious and desperate characters. The peculiarity of this escape is that neither lock nor bolt has been disturbed, but it has been effected under circumstances of such danger, and with such a risk of life, that it appears hardly credible that any one would have ventured upon such a game. (see Western Australian Convicts at http://www.perthdps.com/convicts/w4714.htm) --0--