James Daniel

174

Iris Dunne on 5th September 2020

Ticket of Leave No. 27/290 dated 4 May 1827, Tried 13 July 1821 Conditional Pardon No. 39/337 dated 1 Nov. 1838, aged 44, Year of Birth 1794, Trade Laborer & Soldier

2

Patrick Quick on 5th September 2020

on the MEDWAY arriving 1821

54

Phil Hands on 10th December 2017

James, a British soldier, was tried and convicted of murder at the Supreme Court of Madras, India on 2nd August 1821 he was sentenced to death, this was commuted to transportation for life. He was put on board the 'Medway' with 2 other convicts. Arrived on 24th May 1822. James was said to be age 28, 5 feet 8 1/2 inches tall, fair complexion, brown hair, grey eyes. In the Supreme Court of Judicature at Madras, third term 1821 2nd August The King against James Daniels for felony and murder. Whereas it appears by the records of the Court that the prisoner James Daniels was at the last sessions of the Oyer and Terminer and General Gaol Delivery holding in and for the town of Madras and convicted of felony and murder and that sentence of death was passed upon him and whereas by an act of Parliament made and passed in the 39th and 40th years of the Reign of the late Majesty George the Third entitled "an act for establishing further regulations for the Government of the British Territories in India and the better of Administration of Justice within the same it is enacted that where any person or persons convicted of any crimes whatsoever for which he she or they is are or shall be excluded from the benefit of Clergy it shall be lawful for this court in the stead of awarding sentence of execution against any such offender or offenders to order such offender or offenders to be transported either for life or for such a number of years as this Court shall award and order". This Court having duly considered the circumstances of this case and the recommendation to mercy by the jury who tried the prisoner and under the authority contained in the above act and the Judges having advised and consulted thereon doth award and order that the sentence of death so passed on said James Daniels be commuted and that in the stead thereof he be transferred to the eastern coast of New South Wales for his natural life. Signed E. Stanley The Chief Secretary to Government Fort St George, Sir, I have the honor to enclose copies of the orders made by the Chief Justice for the transportation for life of James Daniels and Devitt of whom sentence of death was passed at the last sessions of the Oyer and Terminer but which has since been commuted. The Court request that the above convicts may be conveyed to the eastern coast of New South Wales by the first opportunity that may occur in pursuance of the above orders. Crown Office Madras 13 Sep 1821 I have the honor to be Richard Fraser Lewis Clerk of the Crown Supreme Court of Madras Colonial Secretary's Index 1788-1825 25 May 1822 This is to certify that Captain Borthwick Wight of the Ship Medway had landed at this port three convicts named James Daniels, James Duke, otherwise called James Divett, and James Church who were embarked on that ship at Calcutta for transportation to this colony, and also the wife and child of the said James Church, all were in a clean and healthy state. Dated at the Colonial Secretary's Office Sydney New South Wales this 18th day of June 1822 F. Goulburn, Colonial Secretary On 18th February he was appointed Constable for the District of Evan. James married convict Mary Riley ('Edward' 1829) on 18th October 1830, they had 9 children between 1831-1852. He died in 1880 in the MacDonald River area Hawkesbury, New South Wales age 86. Mary died in 1892 at St Albans, Hawkesbury District, New South Wales age 93