William Birmingham

343

Maureen Withey on 20th May 2021

Leeds Borough Sessions. The prisoners were disposed of in the following manner :_ Wm. Birmingham and Ann Jackson, convicted of picking the pocket of Mr. Samuel Mortimer, of Churwell, to be transported for fourteen years. Leeds Mercury, 23 April 1825. Leeds Borough Sessions. Ann Jackson (21), and Wm. Birmingham (23), charged with stealing 5 notes from Mr. Samuel Mortimer. On Saturday, the 2d April, the prosecutor came to Leeds about noon, and received £16. He purchased a hat for his little boy at Mr. Patchett's, in Briggate, and proceeded towards Churwell, between seven and eight o'clock in the evening, accompanied by his son, 13 years of age. When they had gone a little way up Meadow-lane, the prisoner Jackson took hold of his arm, and wanted to join his company. This he frequently refused, and she frequently repeated her solicitation. She con tinned to take hold of him, notwithstanding she had Been frequently repulsed, till he had got to the Waggon and Horses public house upon the new diversion of the road to Churwell.— The prosecutor called there and had pint of beer. Both the prisoners the prisoners also called, and left the house before Mr. Mortimer. While there, cart passed, and he sent his son to stop it order that he might ride home. He came out of the house and found Jackson waiting. She again joined him and and having proceeded about 200 yards, Birmingham seized him round the waist several times, and another man passed back wards and forwards near them.— When the boy was absent, Jackson ripped open his waistcoat, took his pocket-book, jumped over a wall, and ran over the field towards Holbeck-moor, where she was taken and the man was apprehended soon afterwards the same evening. Guilty. Transported fourteen years. Leeds Intelligencer, 21 April 1825. -------------------------------------------------- Ann Jackson was transported on Providence 2 and sent to Van Diemen's Land. Her Tasmanian Conduct Record: https://stors.tas.gov.au/CON40-1-5$init=CON40-1-5p177 No 37. Ann Jackson, Providence 2, 1826. Tried, York, 18 Apr 1825, 14 years. Transported for Petty Larceny. Gaol report, has not been convicted before, Single. Stated this offence, Highway Robbery, stealing from the person. My husband was sentenced to 14 years as well as myself. Married. He was tried in the name of Wm. Birmingham, he came out in a ship that arrived here last Christmas. No further information on this record.

218

Dianne Jones on 11th May 2021

1827, 31 July: Contrary to the preceding and following report from the Colonial Times, William Birmingham was pardoned on 31 July, according to his VDL Conduct Record (see https://stors.tas.gov.au/CON31-1-1$init=CON31-1-1p319). 1827, 24 August: From the Colonial Times (p4): “EXECUTION. Yesterday morning [23 August], the following nine unfortunate men, being the late gang of runaways, who attempted to take the cutter Emma Kemp, and afterwards took to the bush, committed several robberies, and then fired upon the Military, were executed pursuant to their sentence:- George Braithwaite (one of Lieut. Steele's Government servants, the other having died of the wounds received while engaged with the Military), James Horsefield, Matthew McCullum, Thomas Davis (Mr. Bisdee's servant), George Metcalfe, John Lee, (bricklayer), James Coates, John Brown (mariner) and John Brown (bricklayer.) All the prisoners from the Barracks, perhaps five or six hundred in number, were paraded under a Military escort to the front of the Gaol, for the purpose of witnessing the awful and exemplary spectacle. One or two of the unhappy culprits addressed the body of prisoners from the scaffold, warning them (especially those in Green's Chain Gang) not to attempt to abscond into the bush, that being not only a most miserable state of existence, but sure to lead to an untimely end. William Birmingham, Mr. Dean's man, Thomas Griffiths, who was wounded in the breast, and John Robertson [Robinson], Mr. Young's servant, were reprieved on Friday night last [17 August], and had their sentence commuted to transportation for life to Macquarie Harbour.” Note re Macquarie Harbour: There is no indication on his Conduct Record that William Birmingham was sent to Sarah Island. In March 1828, William Birmingham was a prisoner at the Barracks; and in 1830 he was again a servant to Mr Dean in Liverpool Street when he was accused of stealing money from Dean’s till. The charge was dismissed. In 1834, while in the service of Mr Denham he was reprimanded for being out after hours. 1835, 18 February: He was granted a Free Pardon No.132 (see https://stors.tas.gov.au/CON31-1-1$init=CON31-1-1p319).

218

Dianne Jones on 11th May 2021

1827, 30 July: William Birmingham was tried with his co-accused at the Supreme Court, Hobart Town, on a charge of stealing in the dwelling house of Daniel Stanfield property belonging to Stanfield including two coats, one waistcoat, six pairs of trousers, eleven shirts, three hats, two pairs of boots, ten pairs of stockings, one gun and nine bags. This trial was reported by the Colonial Times, on 3 August 1827, p3: “Supreme Court. On Monday this Court re-opened, agreeably to the notice issued by the Chief Justice. The whole of the day was occupied in the trial of the late bushrangers, who attempted to take the Emma Kemp; namely, George Braithwaite, William Birmingham, James Horsefield, Matthew McCullum, Thomas Davis, Thomas Griffiths, George Metcalfe, John Lee, James Coates, John Brown (mariner), John Brown (bricklayer), and John Robinson. They were tried for the robbery at Mr. Stanfield's, and all found —Guilty.” Note: The charge listed on court documents is stealing in a dwelling house (see https://stors.tas.gov.au/SC32-1-1$init=SC32-1-1p259jpg). 1827, 13 August: The sentencing of the convicted men was reported by the Colonial Times, 17 August, p3: “The following prisoners were then placed at the Bar, and sentenced as follows: DEATH. - George Braithwaite, William Birmingham, James Horsefield, Matthew McCullum, Thomas Davis, Thomas Griffiths, George Metcalfe, John Lee, James Coates, John Brown, (mariner) John Brown (bricklayer), and John Robinson. - The whole of these men, it will be recollected, were the runaways, who, after attempting to seize the Emma Kemp, and failing, took to the bush, and committed several robberies while armed, in which state they were apprehended by the Military. In passing sentence, His Honor held out not the slightest hope of mercy; but strenuously recommended them, one and all, to prepare for another world.”

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Dianne Jones on 11th May 2021

1827, 13 July: From the Colonial Times, p2 – the story of William Birmingham’s capture along with his fellow bushrangers: “HOBART TOWN… It is with feelings of peculiar satisfaction, that we have this week to announce the capture of ten out of the gang of thirteen bushrangers. The three which now remain at large cannot long evade the vigilance of their pursuers, who are close to their heels on a neck of land from which there is no possibility of escape. Indeed by this time we have no doubt that they are all prisoners, and that the lawless crew have terminated their career. Thus will our tranquillity, so suddenly broken, be restored, and the Colonists freed from any apprehensions of the banditti. We trust the short run which these unhappy men have had will operate as a lesson to others not to be so absurd as to attempt to take the bush. That mode of life is now at an end - the connexion is broken - and, as we before said, in all cases where attempts may be made by misguided men, they must be apprehended in a few days. The Police are now better acquainted with the woods than any of the prisoners can be; therefore there is nothing more ridiculous than the idea of bush-ranging ever again becoming formidable. Although we deplored the circumstance of these men being at large, we were never under the least idea that they would long remain so; we knew and we said from the very first, that such a thing was out of the chapter of human possibilities, and so the result has most fortunately proved. The men are for the most part taken, and the miserable remnant must soon meet the same fate. The parties in pursuit are numerous and determined. They execrate the name of a bush-ranger, and will never rest until they are one and all exterminated, or captured. The free pardon rewards have utterly destroyed all connexion between the prisoner population and bush-rangers. When once their comrades (were it their very relatives it would be the same) take to the bush, prisoners are looking upon them as the objects by which they are to be restored to freedom. Liberty is too strong a temptation to be resisted by men who have felt its loss. Before the hope of regaining that every other consideration will instantly give way, and men be made good subjects in despite of themselves. How truly absurd, how mad then is the idea that another formidable banditti corps can ever exist in Tasmania. It is too late. The death-blow has been given to the system, and when Brady and his party were taken and executed, the star of bushranging went down to rise no more, and sunk below the horizon for ever. On Tuesday night last, the party under Serjeant Armstrong, of the 40th Regiment, fell in with three of the bushrangers, near Mr. Gellibrand's stock run at Cape Pillar, all of whom he succeeded in making prisoners. The Serjeant, not having returned to town, no accurate information of his engagement has been received. Report says one of the bushrangers, Charles McCarty, on the approach of the Military, levelled his piece at one of the soldiers, and fired; the shot passed through the brass ornament of the cap, but fortunately the man escaped unhurt. The fire was returned, and McCarty fell, mortally wounded, having died yesterday morning in the Colonial Hospital. The other two were taken prisoners. George Braithwaite, was brought to town, and lodged in gaol; the other, Thomas Cotes, was left at Pitt-water, and has since gone out with the Police or Military to discover where the property stolen from the various persons they robbed, was concealed. The same night, Serjeant Little received information from Mr. Gordon, the Magistrate, whose activity has been unwearied on this occasion, that the bushrangers had taken a particular course. From this, Serjeant Little judged that they must be on a particular neck of land on the coast, and accordingly the next morning, Wednesday, placed his men in ambuscade, so as to intercept them, should they attempt to leave it — first posting a sentinel on a hill to give notice of their approach. About 12 o'clock, the guard descried a party of bushrangers, seven in number, at a distance of about 300 yards; of which he instantly apprised the Serjeant, who finding that he had not been mistaken in his idea of the position of the gang, drew his men from their retreat, and divided them - directing one portion to flank the bush-rangers, while he at the head of the others advanced. They shortly came in sight of the banditti; who, immediately they discovered them to be soldiers, fired, but without effect. Notwithstanding this warm reception, the Military, courageous in a good cause, continued to advance with the greatest intrepidity, without returning the compliment, until within 30 yards, when they fired upon the outlaws, and some further shots were exchanged. At this moment, Serjeant Little gave the word to charge. This had its desired effect, for it is a fact well known that no men will stand at the point of an English bayonet. The gang retreated, with an intent as it was supposed to rally, and repel the charge; but here they were most miserably disappointed; for they were attacked in the rear by the other sub-division, who, hearing the firing, had made rapidly to the spot. Finding themselves thus hemmed in between two parties of Military, and seeing that an attempt to escape must only be paid for by life, they threw down their arms, surrendered, and were made prisoners; and were yesterday morning brought to Hobart Town by Serjeant Little and his party. Their names are — WILLIAM BIRMINGHAM, James Horsefield, Matthew McCallam, Thomas Davis, George Metcalf, Thomas Griffiths, and John Lee. Griffiths received a ball in his breast, which was extracted yesterday morning, at the Gaol, and he is likely to recover; Lee, who is a bricklayer, is severely wounded in his hand, from the bursting of his piece. The bushranger who was killed was one of Lieut. Steele's men, who joined the gang, as we stated in our last. As it is probable the greatest part of the property stolen by the gang will be recovered, and no person injured but themselves, we congratulate the Colonists on the termination of the career of these men. The greatest praise is due to Serjeants Little and Armstrong, for their spirited, though cool conduct; and also to the Government for the prompt and decisive measures they have in this case adopted. Neither must the exertions of Mr. Gordon, which, though noticed last, are by no means appreciated least, be forgotten. In conclusion, we now again repeat what we said three weeks ago, and what we have before said in this article, that bush-ranging in Van Diemen's Land, to any formidable extent, has for ever terminated. Just as our Paper was going to Press, we received an official document, which states that Constable Scott's party of Volunteers acted in conjunction with Serjeant Armstrong, and that a skirmish took place with the whole gang (13). One of the three who are still absent, was known to be severely wounded, it was supposed mortally. The parties of pursuers are ranged in a complete chain across from Bay to Bay, at East Bay Neck, which they are rapidly advancing down, upon the miserable remnant of the bushrangers. Mr. Gordon has directed all the operations of the parties, Civil and Military, both by sea and land; and has headed some one of them in person, every day, since the gang has been at large.”

218

Dianne Jones on 11th May 2021

1827, 30 June: William Birmingham absconded from service. From the Hobart Town Gazette, p2: “A report prevailed yesterday that the two runaways Birmingham and Metcalf had been apprehended and lodged in Pittwater gaol, but no official accounts of such an occurrence had arrived when our paper was put to press.” And this from the Hobart Town Gazette, pp5-6: “POLICE. Several depositions have been taken during the week respecting the depredations committed by the prisoners who escaped from the barracks last week. After robbing Mr. Cartwright's farm at Sandy bay, it appears they crossed to the back of South arm, opposite Betsy island, and robbed Mr. Barney’s farm of provisions and other articles. They then proceeded to Mr. Mortimer’s, the gun-smith, from whom they look several stand of arms, some of them fowling-pieces of great value, and also clothes and jewellery. On Sunday, they robbed Mrs. Watson’s house in the same neighbourhood. They had the audacity on Monday to return a second time to Mrs. Watson’s demanding adzes, saws and other carpenters’ tools for the purpose of repairing their boat, very narrowly escaping some of the parties who were in quest of them. On Tuesday morning they were descried by a boy on a small mount surrounded by bushes. They were standing in a circle apparently loading each other with their booty before setting off. As soon as the circumstance was known, the place was searched, and the spot was discovered where they had hauled up their boat, repaired, and subsequently launched her, so that they are again at sea. Every possible precaution and exertion are taken by the Government to apprehend them, which must inevitably be the case if they do not escape to Bass’s strait. They are young men from about 20 to 25 years of age. Besides the 8 who have absconded from the barracks, 2 others are missing and supposed to have joined them, viz: Thomas Davis who was known to have made an attempt to escape with Stirling, in the sloop Ellen, some time ago. He has since been employed as a servant in the gaol. The other named WILLIAM BIRMINGHAM [my emphasis] is an Irishman, and was in the employ of Mr. Dean of Liverpool-street…”

218

Dianne Jones on 11th May 2021

1825, 18 April: William Birmingham, a porter, 23, was tried at Leeds for larceny from a person (see England & Wales, Criminal Registers, 1791-1892). 1825, 5 May: He was received aboard the Ganymede hulk; 23 years of age; petit larceny; and was sent from there for transportation on 23 July (see UK, Prison Hulk Registers and Letter Books, 1802-1849). 1825: On arrival in VDL, he was 23 and his native place was Ireland. He was 5’3½” tall with light brown hair and blue eyes (see https://stors.tas.gov.au/CON23-1-1, image 878).

343

Maureen Withey on 8th August 2019

COLONIAL SECRETARY'S OFFICE, Feb. 18, 1835. THE Lieutenant Governor has much pleasure in notifying the capture of the bushrangers, Jeffkins and Brown, by a party of the Police under circumstances reflecting much credit upon the individuals concerned, to whom his Excellency has granted the following rewards, under the Government Notices of 21st Feb. and 4th March 1834, viz:— To Thomas Walker, (free) Richard Burbidge, life, per Governor Ready; James Buckley, 1728, 14 (holding a Conditional Pardon) 250 acres of land each, for the apprehension of Jeffkins, and to the said Richard Burbidge, a Free Pardon. To Thomas Walker, (free) Richard Burbridge (holding a Conditional Pardon) James Smeed, 817, life, per Governor Ready; James Buckley, 1728, 14 years, per England ; Henry Chalk, 994, 14 years, per Thames; William Birmingham, 881, 14 years, per Medway ; Frederick Carman, 934, life, per Georgiana ; John Harris, 181, 14 years, per Dromedary ; and the representative of Thomas Smith, the sum of £33 6s. 8d. each, being their respective shares of the rewards offered in the before-mentioned Government Notices, for the apprehension of Jeffkins and Brown, viz. £200 for the former, and £100 for the latter. His Excellency has also approved of free pardons and £30 each, being granted to James Smeed, James Buckley, Henry Chalk, William Birmingham, Frederick Carman, and John Harris. By his Excellency's command, J. MONTAGU.

5

Max SLEE on 18th January 2019

William Birmingham (c1810-1850) Free pardon 1835. Constable at Launceston 1836. Arrived South Australia Dec 1837 aboard the Industry from Hobart and as at 1 November 1838 was assigned as a Foot Police Sergeant to the Magistrates Court. He was at constable rank on 19 March 1839 when along with PC Hateley he arrested Charles Festwell, an absentee convict from VDL. He resigned soon thereafter. In 1847 he was a miner at the Montacute mine and died at North Adelaide on 8 May 1850, aged 40. He is not to be confused with William Birmingham who lived at Robe with his large family and died there 1911