Charles Butler

74

iain Frazier on 9th December 2024

Family connections for Charles (Butler) are: BUTLER Charles (Butler) was born in 1794. He was tried w/1other for burglary, on 8 5 1816?, & stealing shirts etc of Henry (Whiting) at probably Old Bailey, sentenced to death commuted to Life, held at Middleex Gaol Delivery & arrived in NSW as a convict on 10 4 1817 after a journey of 5months on MORLEY. He was living at Portland Head when he married Elizabeth/Betsy (Everingham her (1of4?) first marriage) of Portland Head on 24 6 1822 at St Matthews CofE WindsorHe was Free by Servitude by 1823. He was recorded in 1824 as a settler. He died by execution at Sydney on 2 8 1826 age32 after being found guilty of murdering (with perhaps insufficient evidence & no reason or relationship known) Catherine (Collins)/Kitty (Carman) at Portland Head in May 1826. [Some information taken from this Website] Elizabeth/Betsy (Everingham) was born on 18 6 1805 & baptised on 7 12 1806 age17m at St Johns CofE Parramatta. She was recorded in 1822 at Portland Head. She married secondly (2of4?) John (Harman), who operated the small store on her fathers Gunderman property, on 4 5 1827 at St Thomas CofE/Wesleyan Sackville Reach. She married thirdly (3of4?) Joseph (Ladd) on 26 8 1837 at Windsor. She is said to have had a fourth relationship with George (Bowd) from about 1856-the marriage is recorded on his entry on this Website as 24 7 1856, although Joseph (Ladd)s death is recorded as in 1862 in his entry on this Website. She produced 5known children in her lifetime. Details of Elizabeth/Betsy (Everingham)s family are given in entry for Matthew (Everingham SCARBOROUGH 1788) on this Website. Charles (Butler) & Elizabeth/Betsy (Everingham) produced 2children: 1.Charles (Butler) was born on 7 5 1823 at Portland Head & baptised on 25 2 1824 at St Matthews CofE Windsor. 2.William (Butler) was born on 14 10 1824. ++ Catherine (Collins)/Kitty (Carman)s known history is: George (Carman) was born about 1772. He arrived in the colony as a convict in 1790 after a voyage of 6months on Fleet ship SCARBOROUGH; a voyage noted for extreme brutality of prisoners with a high death rate. He had a first relationship with Catherine (Collins).>>> Noted a George (Carman SCARBOROUGH 1788) has an entry on this Website. He was sentenced to 7years & arrived in NSW as a convict on 26 1 1788 after a voyage of 8.5months on First Fleet ship SCARBOROUGH. He is recorded in 1806 with 28acres pasture & 2acres orchard & garden at Kissing Point. He is ecorded in 1822 as landholder at Windsor, He is recorded in 1825 as having died, Free by Servitude, at Wilberforce. Catherine (Collins) arrived in the colony as a convict in 1797 on BRITANNIA. She died on 13 5 1826 an emancipist-murdered at Portland Head by Charles (Butler MORLEY 1817). Catherine (Collins) does not have an entry on this Website as yet; although a Catherine (Collins) who arrived in 1796 on MARQUIS CORNWALLIS does. George (Carman) & Catherine (Collins) produced 1child: 1.Sophia (Carman) was born in 1790s. .. >>[>George (Carman) had a second relationship with Mary (Collins). He died on 26 10 1823 age51 emancipist father of 2known children & was buried at St Matthews CofE Windsor. a Mary (Collins) was born in 1767. She was tried for stealing a handkerchief etc, on 2 12 1789, at Old Bailey on 9 12 1789 (quick justice), sentenced to 7years, held at Middlesex Gaol Delivery & arrived in NSW as a convict on 9 7 1791 on Fleet ship MARY ANN/E. She died on 13 2 1794 age27 childbirth? & was buried age27 at Old Sydney Burial ground St Phillips CofE Sydney. [Some information taken from this Website] George (Carman/Kirmel) & Mary (Collins) produced 1child: 1.Mary Ann (Carman/Kirmel) was born on 13 1 1794 & baptised on 9 4 1794 at St Phillips CofE Sydney. She died on 13 4 1794 age3m. ++ Reference: Craig James Smee 'Births and Baptisms Marriages and Defacto Relationships Deaths and Burials New South Wales 1788-1830' ..a complete listing from church & other records in the early colony.

341

Maureen Withey on 25th July 2022

SUPREME CRIMINAL COURT. FRIDAY, JULY 28th. CHARLES BUTLER of Portland Head, Settler, a prisoner of the Crown assigned to the service of his wife, was indicted for the wilful murder of Catherine Collins, otherwise Kitty Carman, at the Hawkesbury, a lodger in the same house, on the 13th of May last. This was a case depending wholly on circumstantial evidence, and the facts as deduced therefrom appeared as follows :—The prisoner had on a past time cohabited with the deceased —on the day of her death they had proceeded up the river Hawkesbury to the house of Summers, a Settler at Portland Head, where they refreshed,—the sum of four dollars had been paid to her by Summers, and they left the dwelling of the latter together. On the return of the prisoner to his home, he stated, that the deceased having occasion to obtain a signature to a memorial at Doyle's Point, he had put her ashore at that place. No suspicion was excited at the time, and all passed on quiet till a report was circulated that the deceased was murdered, and that her body had been found floating in the river above the spot where he had previously stated she had left his boat. The evidence set forth that a stone similar to such as is occasionally used for mooring a boat instead of an anchor, was attached to the lower part of her apparel, and that her head bore the marks of outward violence. The fact of the deceased having been last seen in the company of the prisoner, and her having unaccountably disappeared, together with the circumstances attending the finding of the body, had given occasion to such suspicions that the Coroner had deemed it advisable to call him before a Jury. The prisoner, a young man, apparently about 28 years of age, and decently attired, offered no defence, and heard the verdict of Guilty unmoved, and when asked what he had to say why sentence of death should not be passed on him, he audibly replied, that he had nothing to offer. The Chief Justice then proceeded in a most impressive manner to pass the awful sentence of the law upon him. "It would be highly improper" (said his Honour) "for me to hold out to you, situated as you now are, any intimation of mercy being extended to you,—you have been indicted for an offence of the most heinous complexion, and after a patient investigation of circumstances, you have been found Guilty ; it therefore becomes my painful duty to pass the sentence of this Court upon you. I hope that this will operate as a caution, and forcibly convince all who hear it, that acts so flagrant and dreadful in their nature will never be allowed by providence to remain concealed, notwithstanding the ingenuity exerted to shade its commissions from the world. You may (continued his Honour) consider your course as run—let me therefore exhort you to make diligent use of the short time allotted you, in order to prepare yourself for that tribunal before which you must shortly appear." His Honour then passed sentence in the usual form, and Monday was appointed for his execution. No change in the countenance of the prisoner was visible on hearing the dreadful denunciations of the law. The Monitor, 4 Aug 1826.

105

Denis Pember on 18th September 2020

On Thursday last Charles Butler underwent the awful sentence of the law, for the murder of Catharine Collins, alias Kitty Carman at Port land-head, in May last. The evidence on which the unfortunate man was convicted of the crime for which his life was forfeited to the outraged laws of his Country, though strong, was entirely of a circumstantial nature; but, when it is considered how seldom direct and positive testimony can be adduced from the very nature of the crime --- when it is considered that such deeds are usually perpetrated in the silence and darkness of the night, unseen by mortal eye, it is a subject calculated to call forth the most lively emotions of wonder at the mysterious ways of that Providence, who, whatever plans may be resorted to for concealment, still weaves a chain around the murderer from which he is unable to free himself, and generally by the most simple and least looked-for means, drags forth the hidden secret into light--- 'For murder, though it have no tongue, Will speak with most miraculous organ.

105

Denis Pember on 18th September 2020

In the colony, Charles Butler married Elizabeth Everingham, 24 June 1822. Elizabeth had been born in the colony, 17 years before, the daughter of Matthew Everingham (First Fleet Convict, Scarborough, 1788) and Elizabeth Rhymes (Second Fleet Convict, Neptune, 1790) The couple had two children, Charles 1823 and William 1824. However, the marriage came to an abrupt halt when Charles was once again arrested.

105

Denis Pember on 18th September 2020

CHARLES BUTLER WILLIAM SMITH (t18160529-9) 484. CHARLES BUTLER and WILLIAM SMITH were indicted for burglariously breaking and entering the dwelling-house of Henry Whiting, about the hour of two in the night of the 8th of May , with intent to steal, and for burglariously stealing therein, one pair of sheets, value 8s. three shirts, value 14s. six shirts, value 14s. one waistcoat, value 2s. one gown, value 12s. two petticoats, value 3s. three frocks, value 17s. 6d. three pair of trowsers, value 15s. one pair of stays, value 1s. nine pinnafores, value 13s. three pillow-cases, value 5s. 6d. two tablecloths, value 42s. one trank, value 1s. 6d. one cap, value 1s. 6d. five cravats, value 10s. two remanants of calico, value 1s. two remnants of cotton, value 2s. two remnants of linen, value 2s. one pair of silver table spoons, value 1l. 12s. one pair of silver salt spoons, value 6s. one toast-back, value 1s. one pair of candlesticks, value 2s. 6d. one mug, value 2s. five pair of boots, value 2l. 12s. two pair of shoes, value 2s. 6d. one jacket, value 12s. 6d. two hats, value 1l. 10s. one coat, value 10s. one pair of gaiters, value 5s. one pair of knee-caps, value 4s. one silk handkerchief, value 1s. 6d. two pair of gloves, value 1s. and one boy's shirt, value 4s. the property of the said Henry Whiting . HENRY WHITING . I live in Bellevue-terrace, Ball's-pond . In the morning of the 9th of May, at about five o'clock, I discovered my house to have been broken open; I was called up by some man passing by; I discovered my kitchen shutters to have been opened; it is not a sunk kitchen; they were inside shutters; the glass of the sash was broken, or cut; the sash fastening was forced; it had been fastened by an extra screw. Two holes were bored through the shutters, one with a gimlet, and the other with a centre-bit; they had first made a hole on that side of the shutter which would not enable them to get down the bar; then they made another hole on the other side large enough for them to get their hands through. I then discovered that the things mentioned in the indictment were gone; I discovered a basket was missing, which had been ready placed with the things to go to the mangle. At the lowest rate, the things I lost came to sixteen pounds, eighteen pounds, or twenty pounds; they were all my property; I was the sole occupier of the house, with my family. I can't say I was the last up the night previous; of my own knowledge, I know that the sash of the kitchen was fastened down; I went to bed at about eleven o'clock; I had seen the greater part of the things the night previous, before I went to bed; some I had worn, and some my children had worn. I was not disturbed at all until five o'clock. When I came down stairs in the morning, I found a gimlet in the kitchen, immediately under the shelf; in thefront court I found a large oak stick, and the kitchen bar, the bar which fastens the shutters; I found a candle also turned with the wick downwards in a salt-seller in the roasting-jack; there was salt in the salt-seller. I never used a candle in that way. All my properly has not been found. THOMAS HOWARD . I am headborough of the parish of St. Mary Islington. On the morning of the 9th of May, in consequence of some information, I followed the two prisoners, I took one, and gave the other in charge to a man of the name of Banks; I followed them in Bridle-lane; it was about twenty minutes before six o'clock; it was broad day light then; they were carrying two large bundles. I took Butler myself, and gave charge of Smith to Banks. CHARLES BANKS . I was present at the taking of these two men. THOMAS BONE . I was going to work; when I saw them it was half past five. I saw them coming along the fields into the road; that was about a mile from Mr. Whiting's house; they had two bundles; I am sure those are the bundles. I followed them; I took hold of one of them; they were two mighty for me. I was along side of them before the constable came up. Butler dropped his bundle, and I took him immediately. Smith ran away, but was over taken. WILLIAM BAGNELL . I was about two hundred yards from the prisoners when they were taken; I had seen them with two bundles. GEORGE NOBLE . I was going to work at about a quarter before six, and I saw these two men with the bundles, and I followed them, and never lost sight of them until they were taken. Butler's Defence. I was going to Town at about five o'clock in the morning to see for some work; and as I was going along a brick-field, I saw these two bundles among the straw, and I saw this man Smith coming along up the road, and I called him over to ask him what was best to do with them, and he said, the best way was to take them to Town, and see if any body owned them, and advertise them in the papers, and as we were going along, that man, (Bone,) caught hold of me. Smith's Defence. I can say so far as this here, that I was going over to Kingsland to my sister-in-law who lives there, to get her to stand Godmother to my child, and I saw this man, Butler, in a brick-field, and he called me over, and shewed me these bundles in the straw, and we agreed to take them to the next public-house, and as we were going along, these people stopped us, and as for running away, I never ran away at all. Evidence for the Prisoners. CHARLES DALTON . I saw Bone, Noble, and Banks; they were in the yard of this court; they were talking close to me about the prisoners, saying, they must say, they found some bits of muslin on them or it would not do. They said, they did not care if they stretched them, so as they got the money. A few pounds would be of use to them. Noble said, the few pounds would be of use, and the others conversed about the muslin. (This witness was here ordered out of Court.) WILLIAM THOMPSON . I was standing in the same way as the last witness decribed, and heard towards the latter part of this coversation. I heard them say that they would not mind stretching the b-gg-s if so be as they could get a few pounds, for it would be of use to them. Examined by the COURT. I immediately knew Charles Dalton. We did not have any conversation about this. I mentioned it to him, and he said he heard the same words; it might be about four o'clock, or after. Q. You know there are three gates in the yard, one for carriages, and two for foot passengers, now whereabouts were you standing when you overheard all this - A. Between the middle gate, and the farthest. Charles Dalton , Re-examined. I know Smith, by his making shoes for me; I live at 34, Gee-street, and am a watch-case finisher. When I over-heard this conversation between these witnesses, there were a great many people about; but I did not take notice who they were. I am sure I did not take notice whether there were so many as twenty or thirty; I heard this conversation near the outer-door. Q. Was it near any gate - A. Yes; it was near about the first gate; it was between the bottom of the steps and the first gate. Q. Did you stand next the prison, or next these windows - A. I stood in different parts; not exactly in one place; I stood nearer the Court than the Gaol. I can't tell which stood nearest to the witness. Evidence for the Prosecution, in Reply. Thomas Howard , Re-examined. Butler told me he found these things in a field; a man asked them about the dog, but it was not I. Thomas Bone , Re-examined. I have heard what these persons have said. I never said to any persons that a little money would do me good, nor did any of the other witnesses for the prosecution say so in my hearing. George Noble , Re-examined. I never said that we must swear to finding some muslin, or else this case would not do. I never said that I did not care, so long as I stretched them, for a little money would do me good; I never uttered such a thing. Charles Banks , Re-examined. I never heard either of the two last witnesses say what has been stated. About four o'clock, we were in the public-house over the way. Nothing of the kind was mentioned there. BUTLER, GUILTY - DEATH , aged 22. SMITH, GUILTY - DEATH , aged 28. First Middlesex Jury, before Mr. Justice Park.

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Ann Marie Gould on 27th April 2020

3 August 1826 – Hanged at Sydney for the murder of Kitty Carman (Catherine Collins) at Portland Head