Walter Cunningham

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Summary

Born
Jan 1799
Conviction
Theft - larceny
Departure
Jul 1820
Arrival
Dec 1820
Death
Unknown
Step 0 of 0

Personal Information

Name: Walter Cunningham
Gender: Male
Born: 1st Jan 1799
Death: Unknown
Age at death: Unknown
Occupation: Slater

Crime

Convicted at: Edinburgh Court of Justiciary
Sentence term: 7 years

Voyage

Departed: 26th Jul 1820
Ship: Maria
Arrival: 1st Dec 1820
Place of Arrival: Van Diemen's Land

Transportation

Walter Cunningham was transported on the Maria, departing 26th Jul 1820 and arriving 1st Dec 1820 with 157 passengers.

Built 1836 at Yarmouth. Wood barque of 460 Tons

MariaMaria (generic)

References

Primary SourceAustralian Joint Copying Project. Microfilm Roll 88, Class and Piece Number HO11/3, Page Number 350
Source DescriptionThis 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 SourceGreat Britain. Home Office
Compiled ByState Library of Queensland
Database SourceBritish convict transportation registers 1787-1867 database

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Convict Notes

Dianne Jones avatar
218
on 29th June 2021

WHAT HAPPENED NEXT? Walter Cunningham would serve two sentences of transportation in VDL. He was sent to the colony, a second time, in 1833, having been convicted again in Edinburgh, at the High Court. He arrived in VDL aboard the Isabella (1833) and, on his Conduct Record, he recounts how he "remained for three years after the expiration of [his first] sentence and went home in the Clarence as a sailor". Newspaper reports confirm that the barque Clarence sailed from London and arrived at Hobart on 12 May, 1829. Her next voyage was to be to "the south seas" for whaling. Records show Walter Cunningham was one of her crew, a seaman, by 27 July, 1829, when she sailed from Hobart bound for "the fisheries" (https://librariestas.ent.sirsidynix.net.au/client/en_AU/names/search/results?qu=NI_INDEX="Departures"). However, the Clarence was back at Hobart six months later. Whether Walter Cunningham was aboard or not is not clear. He may have left her in New Zealand, as per the article below: "The brig Clarence, Captain LINDSAY, which has been out nearly 6 months on the Sperm Fishery, off New Zealand, returned to port on Sunday last, with about 280 barrels of oil. Part of her crew and gangs, having mutinied, deserted the vessel at New Zealand, which compelled her to return hither to procure fresh hands. She will resume her voyage in a few days." (see Colonial Times, 15 Jan 1830, p2, at https://trove.nla.gov.au/newspaper/article/8644838) --00-- For details of Walter Cunningham second sentence of transportation, go to https://convictrecords.com.au/convicts/cunningham/walter/7251.

Dianne Jones avatar
218
on 29th June 2021

IN VDL: 1820: On arrival in VDL, Walter Cunningham - prisoner #331 - was listed as having been transported for theft and "having often been in Bridewell for various offences". His conduct was "good" and his hulk report "orderly". It was "not stated" whether he was single or married (see https://stors.tas.gov.au/CON31-1-6$init=CON31-1-6p116). Note: Bridewell Prison and Hospital was located on the banks of the Fleet River, in London, in a former royal palace. 1820: Muster - Walter Cunningham, per Maria, in government employment at Hobart Town (see New South Wales and Tasmania, Australia Convict Musters, 1806-1849). 1822: Muster - assigned to public works (see New South Wales and Tasmania, Australia Convict Musters, 1806-1849). 1826: Muster - assigned to public works (see New South Wales and Tasmania, Australia Convict Musters, 1806-1849). 1826, 26 October: He was convicted for a misdemeanour - for "attempting to enter the gaol" on 2 October, between 7 and 8pm - by "climbing over the fence". His sentence was extended by 6 months. Another case against Walter Cunningham, for allegedly "suffering" two prisoners to escape while he was on duty, was abandoned (see Tasmania, Australia, Convict Court and Selected Records, 1800-1899). 1827: He was granted a Free Certificate No.1827/26; a duplicate of this was issued in 1829 as No.1829 A2 (see https://stors.tas.gov.au/CON31-1-7$init=CON31-1-7p238). See also the Hobart Town Gazette of 17 February 1827, p2, where he appears on a list of prisoners who have received their Free Certificates (https://trove.nla.gov.au/newspaper/article/8790665). --00--

Dianne Jones avatar
218
on 29th June 2021

FOOTNOTE to his trial: Of the six people originally named in the court papers, only Walter Cunningham was tried for the theft of the silver spoons from George Sandiland's house. George Haldane and Archibald Orr were tried for a separate theft in 1821, and each was sentenced to transportation. John MacPherson faced the court on a later date, with his co-accused David Beatson, also on a separate charge of theft. John [James] MacPherson pleaded not guilty and, although found not guilty of theft, he was found guilty of being by habit and repute a thief. He was "assoilzied simpliciter", and dismissed from the bar. Charles Nicol does not appear in any cases between 1828 and 1831. --00--

Dianne Jones avatar
218
on 29th June 2021

Note: Occupation - he was a slater. Stonecutter was selected above because slater was not available.

Dianne Jones avatar
218
on 29th June 2021

1819: Precognition against Walter Cunningham, George Haldane, Archibald Orr, George Hepburn, John MacPherson, Charles Nicol for the crime of theft Accused: Walter Cunningham, slater, Address: Prisoner in Edinburgh, formerly St Mary's Wynd, Edinburgh Accused: George Haldane, Address: West Bow, Edinburgh Accused: Archibald Orr, cabinet maker, Address: West Bow, Edinburgh Accused: George Hepburn, mason, Address: Edinburgh Accused: John MacPherson, Address: Edinburgh Accused: Charles Nicol, private, Foot Guards (see National Records of Scotland; Reference AD14/19/137). --0-- 1819, 22 November: Trial Papers for Walter Cunningham, present prisoner in the tolbooth of Edinburgh, for the crime of theft. Description: Libelled that on 6th October 1819, Walter Cunningham, obtained admission to a house in Baxter's Place at the head of Leith Walk occupied by Geroge Sandilands Esq. of Nuthill and stole eight silver table spoons while at the time under a sentence of banishment from the county of Edinburgh. First day of trial: 22 November 1819. Pled guilty. Found guilty in terms of confession. Sentenced to transportation beyond the seas for 7 years. Papers include: Indictment; declaration of Walter Cunningham; diligence; list of assize; trial execution letters (see National Records of Scotland; Reference JC26/1819/73). --00-- 1820, 4 April: Walter Cunningham, 21, was received aboard the Retribution hulk at Woolwich. He was sent from the hulk for transportation on 13 July 1820 (see UK, Prison Hulk Registers and Letter Books, 1802-1849). --0--