Daniel Brown

343

Maureen Withey on 21st April 2026

23—High Court of Justiciary. —This day Daniel Brown, John Kerr, and Elizabeth Clark, all young persons, were placed at the Bar, charged with house-breaking and theft, and  with being habit and repute thieves. The two boys pleaded Guilty the crimes libelled, but denied the habit and repute. This being the first trial under the statute last Session respecting juries in criminal cases, the jurors were determined ballot. The Hon. Patrick Stuart Eaglescairnie, and  Mr John Baird, iron founder, were ordered to be fined for non-attendance. The prisoners having adhered to their plea, in presence of the Jury, the Lord Advocate passed from the aggravation, and restricted the libel.—They were sentenced to transportation for fourteen years. The Scots Magazine, 1 Feb 1826.

218

Dianne Jones on 4th July 2021

1828, 27 February: He was in Sydney Gaol, on suspicion of robbery (he was convicted for stealing a gun and ammunition) and under sentence of 4 months on the iron gang. He was sent to Parramatta on 3 March (see New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930). 1828, 13 April: He was in Sydney Gaol, having absconded from his gang. He was punished with 50 lashes and returned to Penrith. Some time after this, Daniel Brown absconded again, and left NSW stowed away on a "brig for Hobart Town". From there, he stowed away on another vessel and landed at St Helena where he slipped on board an American vessel "and went home". This version of events is from his VDL Conduct Record, following his arrival in the colony per Isabella (1833) -- see his profile at https://convictrecords.com.au/convicts/brown/daniel/4301. 1833, 28 January: An article in the Sydney Morning Herald, p2 [republished from the Edinburgh Courant], says: "On Saturday last (Aug. 19) Milton, one of the officers of police, fell in with a man of whom he thought he had a slight recollection, and proceeded to apprehend him, when the fellow made an attack upon him with a sailor's large knife. After a severe struggle, however, he was secured, and turned out to be Daniel Brown, an escaped convict, who was transported some nine years ago for life. He is one of the most reckless villains of the day, and is to be sent off to fulfil his original sentence." Note: Daniel Brown's first sentence was 14 years, not life. His second sentence, for returning from transportation, was for life. He died in Tasmania in 1850.

218

Dianne Jones on 4th July 2021

1826, 23 January: Convicted at the High Court in Edinburgh for theft by housebreaking, he was 17, a tailor from Vennel Walls, Edinburgh. His co-accused was John Kerr, 14, a shoemaker from Hume's Close, Canongate, Edinburgh. The victim was Catherine Clark, widow of David Russel, farmer, of Salisbury Street, Edinburgh (see National Records of Scotland; Reference AD14/26/29). Note: This High Court record gives their sentences as 7 years' transportation, not 14. --0-- 1826, 14 April: Daniel Brown, 18 years, convicted for housebreaking and sentenced to 14 years, was received aboard the Justitia prison hulk, at Woolwich. He was sent from there for transportation on 15 April (see UK, Prison Hulk Registers and Letter Books, 1802-1849). 1826, 18 September: On arrival in NSW, Daniel Brown was called Browne, aged 19. He was single, protestant and could read and write. His native place was Edinburgh. He was 5'3"tall, with a fair, ruddy complexion, dark brown hair and brown eyes (see New South Wales, Australia, Convict Indents, 1788-1842).