James Doran

341

Maureen Withey on 5th June 2024

Published in The Sydney Monitor, 28 Nov 1832: CASE OF JAMES DORAN. This individual arrived in the Colony as a Convict in the year 1819, and in the following year, Governor Macquarie granted him a Ticket of exemption from Government labour. Doran, upon obtaining this favour, entered into the service of a respectable Merchant in the town of Sydney, with whom he continued for the period of seven years. The Governor who succeeded Macquarie (Sir Thomas Brisbane, was pleased to mark his approval of Doran's faithful services, on the recommendation of the principal Superintendant of Police, the Chaplain, and seven Magistrates, by promising him a free pardon. Before that document could, however, arrive from England, General Darling relieved Sir Thomas Brisbane in the government of the Colony. Upon some frivolous pretext, Doran was shortly afterwards arbitrarily deprived of his Ticket of Leave, and without being convicted of any offence, was, by the order simply of the Governor (Darling) banished to a distant Settlement in the interior, notwithstanding a numerously signed Petition in his favour was presented to the Governor. Doran remained at that place of punishment until the month of July or August 1828, when it was supposed that he effected his escape altogether from the Colony. An ex-officio was filed by order of the Governor against three gentlemen who were supposed to have assisted him in his escape, on which they were tried in December 1828. and honourably acquitted. It was clearly proved during the Trial, that a Free Pardon had actually been issued on Doran's behalf, which having been withheld, from him unjustly and illegally, induced him clandestinely to quit the Colony.

341

Maureen Withey on 17th September 2021

Old Bailey Proceedings Online JAMES DORAN, Theft > animal theft, 17th February 1819. 385. JAMES DORAN was indicted for stealing, on the 16th of February , at St. Margaret, Westminster , one mare, price 50 l.; one saddle, value 2 l., and one bridle, value 1 l. , the property of George Wynne . GEORGE WYNNE . - I am a stationer , and live in Pater-noster-row. I had a mare to dispose of, she was worth 50 l. On Monday the 15th of February, the prisoner called on me; he said he had seen my mare, that he liked her, and wished to have two day's trial; the price, 55 guineas, was mentioned to him, he said that was rather high. I told him two day's trial was out of the question; I had not known him before, He asked what trial I would allow, I said I was going to ride out myself on another horse, and if he would accompany me he was welcome to any fair trial. We rode out together, and first went to Tattersall's, as he wished to meet a friend there, whom he wanted to see her. He went into Tattersall's, gave a person the mare to hold, returned in about five minutes, and stated that his friend had been there, but was gone. We then rode into Hyde Park, he said he wished a friend of his in Gloucester-place to see her; I offered to accompany him, he observed that it was very late, he would not detain me, and he would either bring the mare back himself, or send her by his servant. It was about four o'clock. I said I wished him to bring her back himself, as his servant might over-ride her. He brought her home that evening, I saw him, and he observed to me, that he had been disappointed in not finding his friend in Gloucester-place at home; that he wished his friend to see her before he bought her, and asked if I would send her up to Parliament-street for his friend to see. He had given me his card the same day, it was "J. Doran, 28, Parliament-street." I said his friend had better come and see her in my stable. He said he could not come there. I at last agreed to send her to No. 28, Parliament-street, to Mr. Young's. He asked what was the lowest price I would take? I said 50 l. Q. Did you ever intend to part with it without the money - A. Never, it was understood to be for ready money. I did not tell him so, but he was a stranger to me. Next day I sent the mare by John Churchman , who is my brother's groom, to deliver it to the prisoner, to show his friend. Q. When was the mare to be returned to you - A. It was understood that he was not to keep her out all night. I told the groom to knock at the door, and ask if Mr. Doran lived there? and to say, if he liked to ride her he might. It was a little before three o'clock when he took her. I have never seen her since, nor have I been paid for her. My bridle and saddle were on the mare. The prisoner was apprehended on the Thursday, about twelve o'clock, and a little before four o'clock on that day the bridle and saddle were returned to me - I did not intend to sell the bridle and saddle. Before he was apprehended I went to No. 28, Parliament-street, and found he did not live there. Cross-examined by MR. ADOLPHUS. Q. On Monday, at four o'clock, he took her to go to his friend - A. Yes; he returned her a little after five o'clock. I never intended to sell either the bridle or saddle. Q. If the groom had brought you back the money for the mare, you would have been satisfied with that - A. I should have put it in my pocket certainly. MR. ALLEY. Q. Your servant had no authority to sell it, nor had you sold it yourself - A. No, certainly I did not mean to trust him, as I did not know him. JOHN CHURCHMAN. I am groom to the prosecutor's brother. On Tuesday, the 16th of February, I took the mare to Mr. Young's, No. 28, Parliament-street; the clerk came out, and said the prisoner was not there, but would return there in a few minutes. I walked the mare up and down, and in a few minutes the prisoner came to me from towards Westminster Abbey; I told him he might make a trial of the mare if he liked, and show it to his friend in Gloucester-place. I said nothing more to him. He got on the mare, and said he would take care to return it by half-past four o'clock in the afternoon - she was not returned; I have never seen her since. Cross-examined. Q. Tell us exactly the words that passed - A. I said my master said he might take her to his friend in Gloucester-place. He said he would either return the mare at half-past four o'clock, or a note to say that he would keep her. WILLIAM YOUNG . I am Secretary to the Commissioners of the Land Tax, and live at No. 28, Parliament-street. I occupy the whole house; the prisoner did not live there at the time the horse was taken, nor do I know where he did live. He is the son of a respectable man in Bristol. He has been clerk to Messrs. Smithers and Sard, in St. Martin's-lane. Cross-examined. I have known him two years. He has been in my employ for six weeks; he left me about a fortnight before the 15th of February. Q. Had he not permission from you to have letters and messages addressed to your house - A. It was only letters from a Mr. Sard that were addressed to my house, not messages. He occasionally called to see if there was any letter. MR. ALLEY. Q. He had no liberty to give a card, as it being the place where he could be found - A. No, he did not live there - it was two years ago since he lived there; he was clerk there three weeks before. GEORGE WYNNE re-examined. After he was committed, he said in my hearing that he had sold the horse. Prisoner's Defence. I wished to purchase the mare, and act honestly, but had not time. GUILTY . - DEATH . Aged 23. First Middlesex Jury, before Mr. Recorder. ------------------------------------------------------ THE MONITOR SATURDAY, FEBRUARY 17, 1827. JAMES DORAN, a prisoner of the Crown, but who, on account of his respectable manners and deportment for a series of years as chief Clerk to Messrs. Berry and Wolstonecraft, and also on account of his having procured an Emancipation from Sir Thomas Brisbane, now lying before the King for his signature, we have been accustomed to call and therefore shall now call Mr. Doran, arrived, in this Colony in 1819, in the Transport Atlas, since which, save the first twelve months, he has been in the service of the above firm. By his good conduct, when the firm hired" respectable emigrant Clerks, Mr. Doran was not put under them, but on the contrary, from having the chief management of the Ships to which his employers acted as Ship's Husbands, and having occasionally the keys of the iron chest put in his charge, and always the keys of the stores and of the house when his employers were absent, he felt that he was virtually placed above them. Doran was a Ticket-of-leave man when he hired himself to Messrs. Berry and Co. as will appear from the following document. Police Office, Dec. 9, 1820. DORAN, the Clerk in the Commissariat Department, has my permission to remain out of Barracks and from Government until the pleasure of His Excellency the Governor is known thereon. To all concerned. Wm. MINCHIN, Countersigned W. WEMYSS, 1824. Superintendant of Police. This kind of Ticket-of-leave in Macquarie's days was held as sacred as the formal printed ones now in use- the latter describing a man's person and features were and are still considered as a little derogatory to men of respectable connexions in England, brought up as well as most, and a great deal better than some, of our very great Merchants and Magistrates. Mr. Minchin as well as Mr. D. Wentworth had full authority when they chose to use it, to grant such Tickets as the above, and Macquarie would as soon have thought of cutting off his own right hand, as have insulted those officers by calling in question the exercise of their discretion. Doran there fore was a Ticket-of-leave-man all the time he was in the service of Messrs. Berry and Co. and could at any time, have left their service the same as a free man. When he did leave them however, he was ordered into Barracks without a complaint first made before a Magistrate - but of this presently. DURING his seven years' service with Messrs. Berry and Co. Doran, with the consent of his employers, bought and sold a little on his own account. His keeping the accounts of such Captains of Ships as did business with the firm, led him much into the company of the latter, and such was the esteem in which he was held, that he was often a guest at their tables.--among the rest he dined with Captain Bunn when he was here the first trip in the Countess of Harcourt. And latterly Doran sold Mr. Bunn some wine. On settling accounts, a little misunderstanding arose on another subject, which we shall perhaps here relate in a subsequent Journal; (it was connected with a trans-shipment of soap from the Mangles to the Brig John Dunn] and Captain Bunn after first telling Mr. Doran to get out of his house for he was a convicted rascal, (though pardoned by Mr. Thomas Brisbane, and the confidential clerk of one of our first mercantile-houses) threatened to tell his employers of his conduct. To cut the matter short, Captain Bunn's influence over the latter was too great for poor Doran, to make head against. He and Mr. Wolstonecraft had not agreed so well latterly as they used to do. Doran's salary as agreed upon was to have been 114l. 12s. Per annum, and they had never had a settlement. The mentioning of this and of some other grievances by Doran displeased Mr. Wolstonecraft, and the latter discharged him. Doran was content. He called the next day with intent of settling with Mr. W. having a balance coming to him, and also with intention of requesting he would not use his influence privately with the Government to injure him. Doran did venture to mention the latter, but was so much discouraged by Mr. W's. reply, as to be quite frightened to ask about the wages. He therefore departed, and began to think of engaging himself to another person, when he was suddenly accosted by a Constable, who told him he must go along with him to Mr. Hely. Mr. H. informed him that Mr. Wolstonectaft had made a representation to Government respecting his misconduct, in consequence of which he (Mr. Hely) had orders to put him into Barracks. Doran shewed Mr. Minchin's Ticket-of-leave to Mr. Hely. The latter said "it is nothing." Doran accordingly went into the Barracks, where he now remains. But reader this is not all. There is now an order from the Governor lying in the office of the Secretary to transport Doran to Wellington Valley, a demi-penal settlement some 80 miles beyond Bathurst, without a trial or a hearing of any kind!! ! Yet the very watch in the man's pocket was presented him by Mr. Wolstonecraft, as a mark of special approbation of his conduct! Now we should be glad to know why Doran's Ticket-of-leave was taken from him without a hearing, as prescribed by the laws? Why, we say, was this young man's Ticket, supported by seven years' faithful service in a high and responsible situation considered "as nothing?" By an authority delegated from the venerable Macquarie to the Chief Magistrate of Police, to be exercised by the latter in very special cases of merit and delicacy, Doran was rendered free, till deprived thereof by the ordinary course of law. The Ticket expressly says "until the pleasure of His Excellency be known." The successors of the makers of the Instrument are as much bound as if it had been a Free Pardon under Macquarie's hand and seal. The Governor's pleasure cannot be made known lawfully but through one medium. That medium is, a hearing or trial before a Bench of Magistrates. Why has the law been dispensed with in Doran's case ?- a case which particularly required all the forms of law to be solemnly and patiently gone through, if any difference be to be made between a good character and a bad one ? Was a hearing dispensed with because Mr. Wolstonecraft (the Complainant in secret) is a Magistrate? Was it because he is a Member of one of the Governor's numerous Boards? Was it because he has been of such eminent service to Government in recommending them to lay a tax upon Cedar? Gracious Heavens! what atrocities would be committed were it not for a Free Press ! WE have a great deal more to say on this subject but it is a custom with us whenever we have to vindicate an oppressed man, by charging his oppressors with their faults, to put forth only half our strength. We shall therefore reserve the remainder of our facts, and conclude by presenting our Readers with the copy of a Memorial which was the occasion of Mr. Doran procuring an Emancipation from Sir Thomas Brisbane; and which Emancipation, there is little doubt, has long ere this, through Major Goulburn, who took home a copy, received the Sign Manual. Mr. Doran has in his possession letters from Mr. Bright, Member for Bristol, promising to do his utmost for him. Doran is of as reputable a family in England as most of us. The offence for which he was transported has in it most extenuating circumstances. His conduct ever since his arrival in the Colony fully entitles him to all the benefit of his connexions and former bringing up. To His Excellency Sir Thomas Brisbane, K. C. B. Commander of the Forces and Governor in Chief for the Territory of New South Wales, &c. &c. &c. THE PETITION OF JAMES DORAN, THAT your Petitioner received Sentence of Transportation for Life, at the Old Bailey, in February 1819, and arrived in this Colony by the Ship Atlas, (1.) Short, Master, in Oct. 1819. THAT your Petitioner on his arrival here, was employed in the Commissariat Department for' a period of Twelve Months, and since that time has been engaged-by Messrs. Berry and Wolstonecraft. How your Petitioner has conducted himself during this probation of more than six years, it becomes not himself to boast; but he begs to refer your Excellency to the respectable Signatures annexed to his Petition, for the tenor of his behaviour and deportment. On these testimonials, your Petitioner is inclined to hope your Excellency will be pleased to mitigate the rigour of his sentence, (which your Petitioner is doomed so bitterly to bewail and so severely to expiate) by adding him to the number, who will have the heartfelt satisfaction of holding your Excellency in grateful remembrance for the favour of their Emancipation. And your Petitioner as in duty bound, &c. JAMES DORAN The undersigned most respectfully beg leave to offer their testimony to your Excellency ON THE UNVARIED GOOD CONDUCT of the Petitioner during a period of nearly six years passed in their service entrusted, as he has been, with the whole subordinate detail of their business, a steady attention of his duties, and a strict observance of honesty, sobriety, and respectful behaviour have alone marked his character. Impressed therefore with a due sense of his deserts, they entreat from your Excellency, an accordance with the Prayer of his Petition. ( Signed) BERRY AND WOLSTONECRAFT. From the opportunities I have had of observing the conduct of the Petitioner, I have every reason to believe him most trustworthy, and correct in his general deportment, and on these grounds respectfully recommend his case for favourable consideration. (Signed), JOHN OXLEY, J. P. We can truly certify to the correctness of what has been above stated by Mr. Oxley, this Petition is accordingly recommended to His Excellency's favourable consideration. (Signed) T. M'VITIE, J. P. JOHN. PIPER, J. P. W. WEMYSS, J. P. THE Memorialist James Doran has been considerably under my observation from the period of his arrival in this Colony, until the present time, and I believe his conduct during that time perfectly correct and exemplary. (Signed) J. T. CAMPBELL, J. P. FROM the strong testimonials of his employers and other Gentlemen, and from the respectable and correct deportment I have observed in the Memorialist, I beg to recommend his case to the favourable consideration of His Excellency the Governor. (Signed) . RICHARD HILL. Assistant Chaplain. I beg to recommend this Petition to the favourable consideration of His Excellency the Governor. (Signed) D'ARCY WENTWORTH, Superintendent of Police.