Summary
Personal Information
Crime
Transportation
Charles Cole was transported on the Nile, departing 18th Sep 1857 and arriving 1st Jan 1858 with 271 passengers.
Nile (generic)References
| Primary Source | Australian Joint Copying Project. Microfilm Roll 93, Class and Piece Number HO11/18, Page Number 241 (122) |
| Source Description | This record is one of the entries in the British convict transportation registers 1787-1867 database compiled by State Library of Queensland from British Home Office (HO) records which are available on microfilm as part of the Australian Joint Copying Pro |
| Original Source | Great Britain. Home Office |
| Compiled By | State Library of Queensland |
| Database Source | British convict transportation registers 1787-1867 database |
Claims
No one has claimed Charles Cole yet.
Photos
No photos have been added for Charles Cole.
Convict Notes
FOOTNOTE: What became of James Wright, the 19-year-old labourer, convicted of stealing potatoes along with Charles Cole, and also sentenced to 10 years' transportation on 3 July, 1850? Like Charles Cole, he served time at Wakefield (admitted 21 April, 1850), but from there on their paths and stories diverge. On 8 July, 1851, James Wright was admitted to the Warrior prison hulk, moored at Woolwich. Just over five months later, he was aboard the Ascendant sailing for Bermuda. On 26 January, 1852, he was admitted to the Medway hulk, moored offshore, more than 4000 nautical miles from England. On 1 January, 1853, he was transferred from the hulk to Bermuda Prison on the island. Two years later, aboard the Sir George Seymour, he returned to England and was admitted to Portsmouth prison, in Hampshire, on 23 March, 1855. Listed as inmate #2483, 19 when convicted, single, able to read, a labourer and Protestant, all jail records gave his behaviour as "good" but still he was labelled a "bad character" (UK, Prison Commission Records, 1770-1951; Portsmouth Prison; Register of Prisoners to 1880). Good behaviour must have resulted in his receiving a Licence for Parole (Ticket of Leave), #2885, on 14 April 1855, for early release from Portsmouth prison. By this time, he had served 4 years 9 months 22 days of his 10 year term (https://discovery.nationalarchives.gov.uk/details/r/C10168808). --00--
25 January, 1883: From the Daily News, p3: "THE REPRIEVE OF COLE. The following is the text of the letter of the Private Secretary in reply to the petition presented to His Excellency the Governor praying for a commutation of the sentence passed upon Charles Cole for the murder of Christina Burkenshaw: — Government House, Perth, 23rd January, 1883. Sir, — The Governor has had under consideration in Executive Council the memorial signed by yourself and others praying for a commutation of the sentence of death passed on the prisoner Charles Cole. The Governor-in-Council having carefully considered this case is unable to see the force of the objection to the reception of what is called circumstantial evidence in cases which involve the detection of crime, and in the present case sees no reason to object to the finding of the jury. His Excellency-in-Council has, however, taken into consideration the fact that Cole's passions were excited, and that he was greatly provoked by the conduct of the woman; and these and other circumstances, coupled with Cole's previous character as a quiet and well-conducted man, have induced the Governor to commute the sentence to penal servitude for life. I have, &c, E. W. Howard, Private Secretary.— Mr. James Grave, Perth." (https://trove.nla.gov.au/newspaper/article/76932546) --00--
22 January, 1833: From the Daily News, p3: "THE CASE OF CHARLES COLE. Sir, The time has come round for a calm reflection upon the merits of the case of the unhappy man Charles Cole, sentenced to be executed for the murder of Christina Burkenshaw. The very full report published by you of the evidence taken at the trial relieves me of the necessity of making any review of it but to my mind the Crown has failed to establish the fact beyond all doubt that Cole is guilty. The case certainly is a strong one — that is, the circumstances point, to a degree, to his guilt, but the link is wanting to fix the fact that he, and no other, committed the deed. The matter would assume a very different complexion had Cole been found alone with the body of the dead woman. I have no wish to cast any reflection upon the other man who was present, and who, until the inquest was concluded, actually remained in custody. Take away O'Mahoney's evidence which sets out with the statement that the dawn of day found Cole asleep, and the exclamation of O'Mahoney, in effect, 'Thou art the man!' — take away that evidence, I say, and Cole and O'Mahoney stand on an equal footing in the eye of the law. O'Mahoney may be telling the truth — opinions differ on that point; while I look upon Cole's readiness to seek the police as in no way indicating guiltiness on his part. It must be remembered that O'Mahoney, at the outset, was placed in a very critical position, and it is not unreasonable to suppose that — without charging him with having concocted the story he told — he made the most of everything against Cole in order to place himself safe, which was quite natural. For aught we know to the contrary some other person, who has not appeared on the scene from first to last, may have destroyed her life. At any rate a doubt as to Cole's guilt remains, and it is possible the mystery may never be cleared up. Cole's demeanour, now that he has been acquainted of his doom, and, indeed, throughout, is not that of a man who has committed murder and although I am opposed to anything like false sentiment being introduced I am decidedly of opinion that His Excellency the Governor would be following both a wise and humane course by exercising his prerogative, and thus spare the community the awful reflection that possibly the life of an innocent man has been sacrificed. JUSTICE. Perth, Jan. 22. [A good deal of public sympathy is manifested in this case, and we understand that a petition in Cole's behalf is now in course of signature. — Ed.]" (https://trove.nla.gov.au/newspaper/article/76933365)
19 January, 1883: From the Daily News, p3: "The execution of Charles Cole, for the murder of Christina Burkenshaw, and of Ah Ket, a Chinaman, found guilty of slaying one of his own countrymen near Roebourne, will be carried out at the Perth Prison at eight o'clock to-morrow morning." (https://trove.nla.gov.au/newspaper/article/76932014) --00--
17 January, 1883: From the Inquirer, p5: "At a meeting of the Executive Council held on Saturday the sentences of death recorded against Ah Kett and Charles Cole for murder were confirmed, but it was decided to reprieve the three natives, and to commute the capital sentences in their cases to penal servitude for life." (https://trove.nla.gov.au/newspaper/article/65935253) --00--
16 January, 1883: From the West Australian, pp2-3: "We have not, of course, furnished a report of the second trial of the prisoner Cole, found guilty, on Friday last, of the murder, at the Victoria Plains, of Christina Burkenshaw — the evidence having, almost throughout, been the same as at the first trial, full particulars of which appeared in our columns. We only regret the absence of a report of this second trial because the public are deprived of the opportunity of a perusal of the admirable speech of Mr. S. H. Parker, in summing up as prosecutor for the Crown — or rather, as he put it himself, as prosecutor on behalf of the community. Mr. Parker is well known to be a fluent speaker, but, on this particular occasion, there was an unusual earnestness, and even pathos, about his utterances. Not a point was missed; the case was put to the jury with singular ability, and had it not been for the terrible and solemn circumstances with which he was dealing the speech might have been listened to as an intellectual pleasure." (https://trove.nla.gov.au/newspaper/article/2988150) --00--
11 January, 1883: From the Daily News, p3: This is a very lengthy report, and can be viewed at https://trove.nla.gov.au/newspaper/article/76932801. Key points: Charles Cole pleaded not guilty to the wilful murder of Christina Burkenshaw. Several witnesses testified to the pair meeting for the first time in October 1882, in a public house called Brown's at Victoria Plains. Later that night, in a hut not far from Brown's, Christina Burkenshaw died, her throat cut with a razor. The Daily News reported on the final hours of the trial: "The Chief Justice, who occupied over an hour, summed up the evidence very strongly against the prisoner; after which the Jury retired to consider their verdict at about a quarter past two, and returned into Court at half-past three, when the Foreman stated that they had not agreed, and that there was no probability of their ever doing so. His Honor told them that they must retire again, and that he would be in attendance at 7 o'clock in the evening, when, if they did not agree, they would be locked up all night. At seven o'clock a large crowd assembled in the Court House to hear the result, but after the Jury had taken their seats the Foreman, in answer to His Honor, said they had not agreed. There on the Chief Justice remanded them till ten o'clock. At the hour mentioned the Court was thronged by a large number of persons, when, the Foreman again stated that the Jury were unable to agree. His Honor: Have you any suggestion to make, Mr Attorney? The Attorney General: I am very sorry the Jury cannot agree, but I have no suggestion to make, Your Honor. His Honor : If I discharge this Jury are you prepared to proceed with a new trial — a new trial without any delay? The Attorney General : Yes, Your Honor, at once — to-morrow morning. His Honor: Well, gentlemen, I will discharge you. The prisoner is remanded in custody, and I'll take the case to-morrow myself at ten o'clock, with a fresh Jury. The Court then rose." --00--
10 January, 1883: From the Enquirer and Commercial News, p5: "Yesterday the Supreme Court was wholly occupied throughout the day with the case Regina v. Charles Cole, who is charged with the murder of Christina Burkenshaw, at Victoria Plains, last October. After the case was adjourned the Jury empanelled were placed in the custody of the Sheriff and locked for the night." --0--
2 January, 1883: From the West Australian, p2: "The following is the calendar for disposal at the criminal sessions commencing on Thursday next: Ah Kett, Soon Kee, and Ah Tong, murder, at Roebourne; William Crogan, burglary, Northam (two charges); Thomas Wilshire, larceny, Perth; John Heap, causing grievous bodily harm, Fremantle; Charles Cole, murder, Victoria Plains..." --0--
27 October, 1882: From the Daily News, p3: "We hear from Victora Plains that a woman named Christina Burkinshaw has been murdered by a man named Charles Cole, with whom she cohabited, and that he gave himself up to the police after having committed the deed." (https://trove.nla.gov.au/newspaper/article/76932173) --0--