John Barnes

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Robin Sharkey on 8th September 2021

John Barnes, 48 years, convicted at the Sussex Winter Assizes in 1830, for assault with intent to rob [highway robbery] and participating in agricultural riots. Victims Thomas Boniface and Charles Tornly. Held in Horsham gaol. Transported for 14 years on ship 'Argyle" to Tasmania. From Tasmanian conduct Record: CON-31-1-4 p.145: Five children. Wife Elizabeth Barnes in service at Bognor (Sussex, UK) when husband in Tasmania. Gaoler's report: character very bad. IN Tasmania in July 1833 he was assigned servant of Dr Brock. This was Dr Henry Brock who was a ship's surgeon on several convict voyages, including his fourth voyage on the 'Argyle' that brought John Barnes to Tasmania. The only blemish on Barne's conduct record was in Dr Brock's service for being "insubordinate and refusing to go before a magistrate - 50 lashes" From summary in UK Home Office Criminal Petitions. Reference HO 17/46/27: * In 1836 there was a collective petition (57 people, from Bognor including prosecutors, curate and neighbours) on behalf of John Barnes, with a covering letter from the prosecutor back in 1830 Thomas Boniface of Climping, Little Hampton, Sussex stating that he did not realise the severity of the punishment and he would not have prosecuted if he'd known this because there was no act of violence that amounted to machine breaking. Grounds for clemency: petition of 1836 asks for sentence to be commuted to imprisonment; convict led astray by others; compelled by violence to join the mob in which the act was committed; first offence; previous good character; wife and 5 small children; aged mother who will never see him again; contrition and will not commit any more offences. * Barnes got a ticket of leave in 1837 * Boniface sought help from the duke of Richmond for a pardon for Barnes, who wrote a letter enclosing the pardon application. On 1 June 1837 Boniface wrote to the HO again saying although Barnes had got a pardon, he still hadn't been returned home and his wife and children were in a state of great poverty and distress. * His wife had been advised by the Duke of Richmond in an 1836 letter that he had got a pardon * Letter from James Stephen, Downing Street, dated 25 July 1838, noting that instructions were sent to the Lieutenant Governor of Van Dieman's Land on 28 March 1836 to grant Barnes a free pardon at the expiration of 6 years from his conviction if his conduct merited it but the Tas Lt Governor had not made a report. * Letter dated 19 January 1839 - Boniface to HO - Barnes is anxious for a pardon and to return home * The Duke of Richmond intervened again in 1839, said Barnes was still a convict long after his pardon had been granted, and he requested copies of correspondence on the case. * Letter 20 Dec 1839 from Lt Gov John Franklin admitting that the 1836 instructions for a pardon had been mislaid. Barnes had now got his pardon. * Elizabeth wrote 17 March 1842 asking for a free passage to Launceston - says her husband had not got benefit of his pardon until 1841. But the Duke of Richmond in forwarding this on wrote that he did not support it. Mrs Barnes's petition of 1842 asking for passage to join her husband annotated 'free passage to Australia answered 11 April 1842'. GP 27