Arthur Bristow

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Dianne Jones on 20th August 2022

NEWSPAPER REPORT OF THEIR TRIAL: 31 March, 1848: HOME CIRCUIT.-- Kingston, March 30. Crown Side. (Before Mr. Justice Coleridge) Reginald Bristow, 24, labourer, and Arthur Bristow, 27, labourer, brothers, were indicted for feloniously cutting and wounding George Target, a gamekeeper, with intent to murder him, the former being charged as principal, and the other as an accessory, in being feloniously present, aiding and assisting in the commission of the felony. There were four other counts in the indictment, charging the intention of the prisoners to be to do grievous bodily harm, and the two last charging them with resisting their lawful apprehension and detainer. Mr. Wallinger prosecuted; Mr. Charnock defended Reginald; and Mr. Locke the prisoner Arthur. The counsel for the prosecution having briefly stated he case for the prosecution, the following evidence was adduced. George Target deposed that he was gamekeeper to a gentleman named Frogley [a surgeon at Hounslow], who [also] lived at East Horsley, and who had the right of shooting over a good deal of land in the neighbourhood. On the night of the 11th of September, upon going on rounds, he found three dead hares snared in a coppice called Henley Coppice, in West Horsley parish. In consequence of this discovery, he and an under-keeper named Martin laid up during the night to see if anyone came to take the hares away. About one o'clock in the morning the two prisoners came into the coppice, and went towards the spot where the snares were but they suddenly stopped, and appeared to whisper, and then ran off. He and his companion pursued them into a turnip-field at some distance, and, when they had nearly got up to them, the prisoners turned round and faced them. Both the prisoners had large knives in their hands, such as are used for killing pigs and when he [Target] went towards Reginald he ordered him to stand back, or else, he said, he would dig the knife into him. The witness told him [Reginald] to put the knife down, and that he had better not use it, and after scuffling about him for a short time, he laid hold of Reginald's shoulder and, the moment he did so, he [Reginald] stabbed him in the side. He [Target] kept hold of the prisoner, and they both fell down, and the prisoner then stabbed him again in the wrist. He [Target] was then upon his knees, and the blood was running from him like a stuck pig, and finding he was too weak to continue the contest, he called out, ‘I am done; I give it up.’ Before this he had called out ‘Murder’ and, when he did so, Reginald Bristow told him if he was not quiet he would stick the knife into him again. During his struggle with this prisoner, he [Target] could see that Martin was also tussling with Arthur; but, after the last stab, he [Target] fell to the ground quite insensible, and had no consciousness of anything until the cart was brought to fetch him away… Mr. Charnock then addressed the Jury for the prisoner Reginald, and he commenced by observing that upon the first count of the indictment the prisoners were charged with a capital offence, and their lives might be forfeited if an adverse verdict was returned against them. After some general observations, he went on to contend that the whole affair had originated from the illegal conduct of the keepers. There was no evidence that the prisoners had anything to do with the manner in which the hares were caught and, he said, even supposing they had, the law gave no right to the gamekeepers to seize them in the way they did, and he submitted that it was quite clear that the system of paying them [gamekeepers] the ‘blood money’, as he should term it, had alone been the inducement to them to act in this illegal manner, which had occasioned all the mischief. It was proved that the prisoners had retreated--they were anxious to get away; but they were pursued, and, as he submitted, an illegal attack was made upon them, which they had a right to resist. They [the keepers] were, no doubt, stimulated by the prospect of the reward they would receive upon the apprehension; and, in his opinion, the system of giving such rewards was most improper, and ought to be discouraged. It appeared to be admitted that the keepers were not justified in apprehending the prisoners; but it was said that they [the prisoners] had used an excess of violence on resisting; but he asked the Jury what they could expect from men in the prisoners’ position, and whether it was possible to suppose, when they found themselves treated in this manner, after having done all in their power to avoid a conflict, that they could measure, with any nicety, the degree of resistance they were to offer. This was another instance of the baneful effects of the Game Laws, and he concluded his address by expressing his opinion that it was high time that some alteration should be made in a system which was proved to be so productive of crime. Mr. Locke next addressed the Jury for the other prisoner, adopting the same line of argument as Mr. Charnock and urging that the gamekeepers had brought all the mischief upon themselves by their own illegal conduct. He referred to the statute of Wm. IV., known as the Game Act, and said that the proper course for the keepers to have pursued was to have demanded the name and address of the parties, and it was only upon their refusing to give these particulars that they were empowered to arrest them. Mr. Justice Coleridge said the Learned Counsel need not answer the counts charging the prisoners with resisting their lawful apprehension and detainer, as he was of opinion they could not be supported... The Learned Judge, on summing up, said it was the custom for the counsel of a prisoner, in cases of this description, to endeavour to prejudice the minds of the Jury by commenting upon the supposed injustice of the Game Laws. So far as he (the Learned Judge) was concerned, if he had a million acres of land he should not think of preserving a single head of game; but if gentlemen chose to do so, they did it under the protection of the law; and while the law was in existence, they were entitled to the protection it afforded them. The Jury, after a short deliberation, found the prisoners Guilty upon the count of the indictment charging them with the intent to do grievous bodily harm. Mr. Justice Coleridge sentenced them to be transported for fifteen years. (Morning Post, p7) --00--

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Dianne Jones on 20th August 2022

BEFORE TRANSPORTATION -- TRIAL OF THE BRISTOW BROTHERS 27 March, 1848: Surrey County Assizes, Kingston-on-Thames -- Arthur Bristow, 27 and semi-literate, and Reginald Bristow, 24 and semi-literate, were convicted of "malicious wounding and with intent to do bodily harm (Game Laws)" and each was sentenced to transportation for 15 years (England & Wales, Criminal Registers, 1791-1892 for Arthur Bristow; England; Surrey; 1848). --0--

218

Dianne Jones on 20th August 2022

NEWSPAPER REPORT OF THE SHIP’S ARRIVAL: 7 June, 1850: “Arrival of the ‘Scindian’ with Convicts. The arrival of the Scindian with the first batch of convicts and the staff of officers for the formation of the Penal Establishment, took place on Saturday last, the 22nd anniversary of the foundation of the colony-a curious coincidence and a very fit day for the commencement of the new order of things. She has had a quick passage of 88 days from Portsmouth, which she left on the 4th March. The number of passengers is 277, of which seven are cabin, including Dr. Gibson, R.N., Surgeon Superintendent, Capt. Henderson, R.E., Superintendent of the Convict Establishment, lady and child, Mr. and Mrs. Dickson and two children. Mr. and Mrs. Manning and two children; steerage, 75 convicts, 54 pensioners with wives and families and 14 emigrant young women. The Scindian is the first of four vessels taken up by the Home Government for the conveyance of convicts hither, one to sail each month during the three following months… On Tuesday His Excellency proceeded to Fremantle, for the purpose of arranging, in concert with Capt. Henderson [Superintendent of the Convict Establishment], for locating the prisoners, and an agreement was made with Capt. Scott to take his premises upon lease for five years, at a rental of £250 per annum, to expend £1,000 in improvements for which interest at the rate of 4 per cent is to be allowed out of the rent. We understand, that after the erection of their own buildings, the first public work proceeded with will, in all probability, be the erection of a Pier to run out from Arthur’s Head, for the protection of Gage’s Roads. We also hear that the Scindian has on board 400 tons of Government stores, including tools, iron-work, and everything the establishment is likely to require for the erection of gaols, carrying on works, &c.” (The Perth Gazette and Independent Journal of Politics and News, p2 at https://trove.nla.gov.au/newspaper/article/3171648). —00—

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Dianne Jones on 20th August 2022

PER SCINDIAN — THE FIRST CONVICTS TO WA: 1 June, 1850: “On this day in 1850, the first convict transport ship Scindian arrived in Fremantle to great surprise, as she had managed to overtake the ship carrying news of her arrival. There was no prison capable of holding the convicts, so a local warehouse was rented and quickly converted into a temporary prison. Convicts remained there for five years, whilst building their new home, The Convict Establishment, later renamed Fremantle Prison.” (https://www.facebook.com/fremantleprison) —0—

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D Wong on 7th November 2013

Arthur was transported for "Grevious bodily harm", the same offence for Reginald Bristow, who is probably his brother, on the same ship. Arthur was 5'3" tall, black hair, dark hazel eyes, dark complexion, stout made, single and illiterate. 13/6/1851: TOL 26/3/1863: Expiree 26/11/1863: COF Arthur was working for himself Nov-Dec 1860 and known areas for Arthur were Perth and Champion Bay. 13/11/1873: Arthur died aged 56. No marriage or children found.