James Chamberlain

343

Maureen Withey on 29th December 2025

PRINCIPAL SUPERINTENDENT'S OFFICE, Sydney, 7th Oct. 1820. THE under-mentioned Prisoners having absented themselves from their respective Employments, and some of them at large with false Certificates, all Constables and others are hereby required to use their utmost Exertions in apprehending and lodging them in Custody: ... James Chamberlain, JamesKelly, and John Kinsela, from Newcastle ; ... Sydney Gazette, 7 Oct 1820. Criminal Court.—Thursday, Nov. 29. John Kinsela and James Chamberlain, were indicted on two charges; namely, with having stopped and robbed upon the King's highway, John Watkins, a constable, of a pistol; and secondly, with having prevented the same at the constables who had afterwards endeavoured to retake them, with threats to fire if they persisted in the attempt. The prisoners were fugitives from Newcastle; and found shelter and concealment on and about the estate of a Gentleman at Castlereagh, of which information was sent to the Magistrates of Parramatta, by whom constables were sent out and they were apprehended; they were handcuffed together, and delivered into the charge of the prosecutor Watkins, to be conducted into Parramatta ; but one of them managing to extricate himself from the hand-cuff, they both determinately demanded the pistol, which being given up, they threatened the life of the prosecutor, should he attempt to impede their escape, telling him that they would leave the pistol for him at a place they described near the toll-gate, where he would find it by nine at night. The prosecutor went accordingly, but it had not been left as promised to be. The next day three armed constables went in pursuit of them ; and they were discovered in the bush by the smoke from their fire, and one of these pursuers deposed in evidence, that he had known the voice of Kinsela as they approached ; and seeing him, unperceived, with a pistol in his hand, he levelled his piece and fired at him, the contents lodging in his arm, whereupon he and his companion were both secured, and the pistol found loaded upon the half cock. The unhappy man, Kinsela, has since endured seven or eight weeks of dreadful torture, and his emaciated and apparent state, of suffering at the bar, excited much the commiseration of the auditory. His Honor the Judge Advocate examined this witness in the strictest terms on the motives that had induced him to fire on the prisoner before he had challenged, him, and commanded him to yield himself up : to which he replied, that having himself been at Newcastle in an inferior capacity at a time when the wounded man was, he had an opportunity of ascertaining his character to be desperate, and his agility great; and that he was at the instant convinced that there was no means of securing him while he was armed, without imminent danger of their own lives. The evidence for the prosecution being closed, the prisoners were left to their defence ; in which they varied considerably from the statements exhibited against them. They denied the taking of the pistol from the witness John Watkins, by force, or that they had presented the pistol at any body ; but averred that it had been given up to them on their request, and that they had shook hands at parting; Kinsela also supplicating mercy from the Court on account of his long protracted and extreme bodily suffering. The defence concluding, His Honor summed up the evidence, and expatiated at length upon the leading facts, submitted the ultimate question to the consideration of the Court ; who returned a verdict pronouncing the prisoners Guilty upon both charges. Sydney Gazette, 9 Dec 1820. CRIMINAL COURT. -Thursday. The following prisoners that had been tried and convicted during the sessions, and who were remanded for sentence, were placed at the bar to receive sentence; which was as follows: John Kincela, for shooting at a constable, …  SEVERALLY RECEIVED SENTENCE OF DEATH ! James Chamberlain, … —life to such part of the Territory as HIS EXCELLENCY the GOVERNOR may think proper to direct. Sydney Gazette, 16 Dec 1820.

343

Maureen Withey on 29th December 2025

Colonial Secretary Index. CHAMBERLAIN, James. Per "Fame", 1817 1817 Mar 14 On list of convicts disembarked from the "Fame" and forwarded to Windsor for distribution (Reel 6005; 4/3496 p.53) 1817 Sep 27 On list of prisoners to be sent to Newcastle per "Mary" (Reel 6005; 4/3497 p.76) 1819 Apr 15 On list of prisoners sent to Newcastle per "Elizabeth Henrietta" (Reel 6006; 4/3500 p.80) 1820 Oct 4 Letter to the magistrates of the various districts re his escape from Newcastle (Reel 6007; 4/3502 p.303) 1820 Nov 22-Dec 14 To be transported to Newcastle for life. In reports of prisoners tried at Court of Criminal Jurisdiction (Reel 6023; X820 p.23) 1821 Jan 26 On list of prisoners transported to Newcastle per "Prince Leopold"; listed as William (Reel 6007; 4/3503 p.70) 1822 Feb 6 To be removed to Port Macquarie having given himself up under the proclamation of Sir Thomas Brisbane (Reel 6008; 4/3504A p.405) 1822 Feb 6 On lists of convict runaways from Newcastle removed to Port Macquarie per "Newcastle" (Reel 6008, 4/3504A p.494; Reel 6019, 4/3864 pp.348-9) -------------------------------------------------------------- 1821 Jan 26. On list of prisoners transported to Newcastle per "Prince Leopold"; listed as William. William Chamberlain, Tried at Criminal Court, Sydney, 22 Nov 1820 – 14 Dec 1820. Life. Labourer. tried Original conviction: Bristol, 9 Jan 1815, 7 years.