John Carter

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FOOTNOTE: William Higgins and Henry Austin were also transported to WA per Hougoumont. See their bios at https://convictrecords.com.au/convicts/higgins/william/66718 and https://convictrecords.com.au/convicts/austin/henry/68545 respectively. —00—

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IN WA: From his Fremantle jail record: CARTER, John; inmate #9683, arrived 10 Jan 1868 per Hougoumont Date of Birth: 1839 Marital Status: Unmarried Occupation: Painter Literacy: Literate Crime: Burglary Sentence Period: 15 years Previous Convictions: Yes Ticket of Leave Date: 1 May 1879 Certificate of Freedom Date: 19 Jan 1885 Comments: Conditional Release 1883. Labourer, self-employed, 1879-1880, general labourer (https://fremantleprison.com.au/). --00--

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18 April, 1867: Admitted to Chatham prison, St Mary's Island, Kent. --0-- 30 September, 1867: He was sent from Chatham to board the Hougoumont for transportation to WA (UK, Prison Commission Records, 1770-1951 for John Carter; Portsmouth Prison; Registers of Prisoners; 1866-1868). He was one of “150 convicts from the establishments at Chatham and Millbank. The convicts from the Chatham establishment, at St. Mary’s, embarked from the dockyard on board the paddle-wheel steamer Adder, Mr. W. J. Blakely, and were in charge of a numerous party of convict guards and wardens, all heavily armed.” (Sydney Morning Herald, 19 Dec 1867, p4, at https://trove.nla.gov.au/newspaper/article/28608271) --00--

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19 March, 1867: Admitted to Portsmouth prison, Cumberland Street, Portsmouth, Hampshire -- inmate #795 (UK, Prison Commission Records, 1770-1951 for John Carter; Portsmouth Prison; Registers of Prisoners; 1866-1868). Portsmouth, Chatham, Portland and Spike Island in Ireland were listed public works stations and the second stage in the penal process. After separate confinement, prisoners were “placed on work parties at various locations, most commonly naval stations, where maintenance of facilities was vital for the effective protection of Britain’s far flung commercial and military influences around the world. While there, attitude and behaviour were monitored closely. In theory, only after consistently positive reports was a prisoner moved on to the third stage of his incarceration—transportation.” (Edgar, p40) —0—

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7 July, 1866: John Carter, alias Edward Cooper, was admitted to Pentonville prison, Caledonian Road, London—inmate #3815; character considered “indifferent”. So, too, were William Higgins and Henry Austin (UK, Prison Commission Records, 1770-1951 for Henry Austin; Pentonville Prison; Register of Prisoners; 1866-1869). “After a sentence of transportation was handed down, the prisoner entered into a separate stage where he was placed into an individual cell, isolated from others, apart from brief periods of exercise and attendance at chapel. However, no communication of any kind with other prisoners was permitted at any time. The philosophy behind this penal methodology had its provenances in the religious, monastic traditions; i.e., that in the isolation of his cell the malefactor would be able to contemplate the errors of his way, unadulterated by the negative influences of former contemporaries, and be reformed.” (Edgar, 2018, pp39-40) When first put into practice, the mandated period of separate confinement was 18 months. By the late 1840s, authorities had conceded that such conditions of imprisonment were “injurious to many prisoners’ mental health” and the stint was reduced to 12 months. Periods of separate confinement were reduced further “as a prisoner displayed good behaviour tendencies” (Edgar, p40). Pentonville, Millbank, Wakefield and Mountjoy in Ireland were the “Probation” or “Separate” prisons, as were some local jails. —0—

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JAILS: 10 May, 1866: All three men were brought into custody and held at Newgate prison, corner Newgate Street and Old Bailey, London. They had been committed to stand trial at Hammersmith that day. John Carter was listed as 25, a painter, from Marylebone; 5’5” tall (UK, Prison Commission Records, 1770-1951; Newgate Prison; Registers of Prisoners; 1863). —0—

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TRANSCRIPT of the trial at the Old Bailey: #545. WILLIAM HIGGINS (26), JOHN CARTER (25), and HENRY AUSTIN (25), burglariously breaking and entering the dwelling-house of Reginald Davis, and stealing therein a silk gown, and other articles, his property. MR. G. H. LEWIS conducted the Prosecution. ELIZABETH CATHERMILL. I am housemaid in the service of Mr. Davis, of 2 South-villas, Camden-hill—on the evening of 25th April, between 10 and 11, I fastened the window of the boot-room and the street door—the boot-room window opens into the garden—next morning, between 5 and 6, I went out, with Sarah Hooper and a sweep named Elson—I saw two men in the road, and one getting over the wall—Higgins was one but I did not see the faces of any of them until I got to Sheffield Gardens, and I ran after them to Sheffield Gardens, and I had not lost sight of them—I cannot identify the others, excepting their dresses. SARAH HOOPER. I am the prosecutor’s cook—on the morning of 26th April, I was expecting the sweeps, and came down stairs at a quarter to 5—the housemaid came down after me—after the sweeps came, we found the boot-room had been entered—about twenty minutes’ past 5, I saw two men getting over the wall of Captain Spry’s house, and I called his servant—from a quarter to 5 I remained in the kitchen, or about the house, until the sweeps came—one man was dressed in a round hat and blue coat—I believe that to be Austin—I cried out, “There they are”—I went after them, the sweeps and housemaid following—the house had been entered from a window at the back, which could be pulled down—I examined the place to see what had been removed, and found some boots and buckles tied up in a silk robe, all of which were Mr. Davis’ property—these silver buckles (produced) were kept in a small box on a shelf in the boot-room—they were found in Captain Spry’s house by his cook. Higgins. Q. Did you fasten the window of the boot-room the night before the burglary? A. No; the housemaid did—I followed you until I was exhausted, and then I returned to the house—I can recognise you all by your dress—I only saw your back. Carter. Q. Do you swear to me? A. Yes. Austin. Q. Can you positively swear to me? A. Yes, I saw you in the garden. GEORGE ELSON. I am a chimney-sweep—on the morning of 26th April, I went to Mr. Davis’ house, at about half-past 5—I heard the cook call for assistance—I ran to the front gate—when I turned the corner of Lark-hill, I saw three men running in the road—I and the housemaid followed them—I overtook them at Palace-garden terrace—I said, “What are you running for?”—one of them said something about them wanting a walk—the prisoners are the three men—Higgins put his hand on my shoulder as though he were going to pat me on the back, but he gripped me by the the collar, and Austin struck me two blows with his fist—then Higgins and Austin closed upon me, and threw me on my back, and Austin held my hands—I saw Higgins pull a life-preserver out of his coat-pocket—he hit me on the head several times—I do not know how many, but I had four distinct marks—Carter said, “Kick him; kick him;” and I was kicked on the shoulder and back—they fled—I lost my senses for a moment, but followed them directly I came to—blood was streaming down my face—they were ultimately stopped, and handed over to the police. Higgins. Q. Do you recognise me as one of the three? A. Yes; I recognise you as the one that had the life preserver—you all three turned your faces repeatedly. Carter. Q. You say you heard me say, “Kick him; kick him”—where was I? A. Standing on the kerb, looking on—at the police-court I said, I “thought” so, because then I was not sure, but I am now. GEORGE SNELLING. I am a labourer—on the morning of 26th April, I saw Elson knocked down with a life preserver—I was going to work, and was about four yards off—Higgins struck him, but they were all three together—I saw them run away—when Higgins was caught, I saw a life preserver in his pocket—they were stopped about 400 yards from the spot where I first saw Elson—I kept them in sight all the time—the prisoners are the three men I saw. Higgins. Q. What part of the street was it that the man was struck? A. Nearly opposite the model lodging-houses—it is called Palace-garden-terrace, and it is called the “Mall”—I saw you strike the sweep—I did not see the commencement of it—I do not know which end of the street it was exactly, but I saw you hit him. Carter. Q. Did you see me do anything? A. No, I did not—I was only four yards off—I never heard you speak a word. Austin. Q. Where was I when the sweep was struck? A. You were all together, opposite the “Mall” tavern. COURT. Q. Do you say that where they were stopped was close to the place were the sweep was knocked down? A. Yes—they were stopped by a working man—I saw the policeman pull the life-preserver out of Higgins’ pocket. RICHARD WEBBER. I am a stone-mason—on the morning of 26th April, about twenty minutes to 6, I saw three men running—Elson and two women were running after them—the prisoners are the three men—I did not go after them, but went on towards my work—shortly afterwards, I saw them again, coming down another street—the sweep was behind them—he called out to me to stop them, and he said they had nearly murdered him—he was bleeding—I and a fellow-workman ran towards them—they stopped, and wanted to know the reason we stopped them—I told them I did not know, but if they would wait a minute until the sweep came up, they would know—the sweep came up, and told us they had broken into a house just before, and begged of us to stop them, and keep them until a policeman came—Austin struck me on the arm with a life-preserver—he said if we were anything like men, we would let them go, and they would make it up to us some day—they spoke to each other for a few minutes, and then said, “Let us go back,” and they turned round and went towards the “Mall”—I said, “You can go which way you like, we will follow you”—we sent another man to get two policemen, and they came to our assistance—I took Higgins, and the police took the other two—as I was walking with Higgins, my fellow-workman said, “Look out, he is going to take something out of his pocket”—he had a life-preserver in his hand—he said he could have smashed my head as he was going along, if he had liked. Higgins. Q. Where did you first see the sweep bleeding? A. When he was about 100 yards behind you—I was in Church-street at the time, and you were running towards me—I first saw you in Sheffield-gardens. Carter. Q. Are you sure you saw me? A. Yes, and felt your fist. Austin. Q. Are you sure you saw me? A. Yes, and felt the blow you gave me with the life-preserver. GRACE REEGAN. I am a servant, in the employ of Captain Spry, who lives next door to Mr. Davis—these buckles I found on our copper about half-past 7 on the morning of 26th April—the dining-room and drawing-room of our house were all upset—they were all right the night before. Higgins. Q. Do you know me? A. No, I do not. WILLIAM BUTCHER (Policeman, T 163). I recollect hearing the cry of “Murder” on the morning of 26th April—I went in the direction of the cries, and met Elson with blood upon his face—he pointed the three prisoners out to me—at that time, they were being detained by the last witness, and another man—I took from Higgins’ coat pocket this life-preserver—I took Carter to the station. GUILTY.—They were further charged with having been previously convicted. WILLIAM HOWSE (Policeman, D 97). I was present at this court when Higgins was tried, in the name of John Lane, for burglary, and sentenced to Six Years’ Penal Servitude. I was the officer in that case. JOSEPH KING. I am a warder at the House of Correction—I produce a certificate of conviction against Carter, dated 21st January, 1861, in the name of Edward Cooper; he was then charged with having been previously convicted, and sentenced to six years’ Penal Servitude. I was present at the trial; that man was Carter. I also produce a certificate against Austin, in the name of George Goddard; he had three months, and was afterwards detained in a Reformatory school. I was present at the trial; the prisoner Austin is the same person. HUGGINS [sic] — GUILTY — Twenty Years’ Penal Servitude CARTER — GUILTY — Fifteen Years’ Penal Servitude AUSTIN — GUILTY — Ten Years’ Penal Servitude. There were forty-five convictions against the three prisoners. THE COURT ordered £10 to be paid to ELSON for the part he had taken in bringing them to justice (https://www.oldbaileyonline.org/). —00—

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NEWSPAPER report of the trial (from Bell’s Life in London and Sporting Chronicle, 16 June, p8): A Gang Burglars.—On Wednesday William Higgins, 26, bootmaker, John Carter, 25, painter, and Henry Austin, 25, gardener, were convicted of burglary in the dwelling house of Reginald Davis. It appeared that the apprehension of the prisoners was effected through the courage which has been displayed by a chimney sweep of the name of George Elson, who had been called to the prosecutor’s house between five and six o’clock to sweep the chimney. Being admitted by the housemaid, and the windows opened, it was discovered that the house had been burglariously entered, and Elson and the maid servant observed the three prisoners getting over the garden wall into the Hammersmith-road. They went in pursuit, and on nearing them the prisoner Higgins felled Elsen to the ground with a life-preserver, wounding him severely. Nothing daunted, Elson regained his legs, and continued his pursuit, when he was again turned upon and brutally kicked, and beaten by all the prisoners. Assistance, however, came up, and they were secured after a violent struggle. There were no less than 45 previous convictions for felony proved against the three prisoners. Warder King, of the Middlesex House of Correction, said it was shown that Higgins and Carter were both now out on tickets of leave. The Recorder sentenced Higgins to 20 years’, Carter to 16 years’, and Austin to 10 years’ penal servitude. The sweep Elson was recalled, and the Recorder told him that, applauding the courage he had displayed, and sympathising with him for the injuries he had sustained, the court awarded him a reward £10. —0—

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TRIAL: 11 June, 1866: He was convicted and sentenced, at the Old Bailey, to 15 years’ penal servitude for burglary, with a previous conviction for felony (England & Wales, Criminal Registers, 1791-1892 for William Higgins; England; Middlesex; 1866). —0—