Summary
Personal Information
Crime
Voyage
Transportation
John Creane was transported on the Alibi, departing 30th Nov 1850 and arriving 25th May 1851 with 16 passengers.
Barque ship of 500 tons.
Alibi (generic)References
| Primary Source | Tasmanian Archives - convicts https://libraries.tas.gov.au/Digital/CON37-1-6/CON37-1-6p363 |
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Convict Notes
No; 2097. Aged; 27 years old Native Place; Cork DIED at Impression Bat - 2 October 1855
Private John Creane, H. M. ??th Foot. Tried by General Court Martial at Meerut, 3rd May 1850. Charges. — 1st, Stabbing Private John Roache, with a bayonet, with intent to murder him ; 2nd, Stabbing, as in 1st charge, with intent to do some grievous bodily harm. Finding. — 1st Charge, Not Guilty; 2nd Charge, Guilty. Sentence. — Transportation for fifteen years. — Approved and confirmed. Remarks by His Excellency the Commander in Chief. — I am surprised that the Court permitted the Deputy Judge Advocate to hold such dictatorial language as he did. In addressing the Court as prosecutor, he says, " I have to add, that if the " Court convict the prisoner under the 1st charge, they should acquit him under the 2nd charge, and vice versa." This is the language of a learned Judge from the Bench instructing an ignorant jury, and not that which becomes a young Officer to a Court Martial, composed of Officers, the youngest Captain on which is ten years his senior in the service, and, probably, his superior in knowledge of military law, of which Captain and Brevet Major Wiggens has, in this trial, shewn himself to be very ignorant. 2nd. — In drawing up the proceedings of this trial, the President should not have allowed the Deputy Judge Advocate to have inserted "conducting the trial Major E. Wiggens, Officiating Deputy Judge Advocate General." The Deputy Judge Advocate General does not conduct a trial. The Articles of War expressly charge the President of the Court with all the duties and details of conducting the trial ; he is to make the Members take their seats according to their rank ; he clears and re-opens the Court when necessary ; he preserves order; he collects the votes ; no questions are put but through him and by his permission, or by that of the Court. — The Judge Advocate cannot interfere with anything of his own authority in the proceedings of a Court Martial, for which the President and the Members are alone responsible. — Head Quarters, May 1850.