James Driver

338

Penny-Lyn Beale on 17th June 2024

1816 - New South Wales, Australia, Convict Indents Ship; Fanny arrived Sydney 18 Jan 1816 Name James Driver Age 32. Estimated Birth Year; abt 1783 Date of Conviction 15 Feb 1815. London Trade; Book-keeper

341

Maureen Withey on 20th March 2023

Colonial Secretary Index DRIVER, Mary. Wife of James Driver, per "Fanny" 1816. 1818 Feb 16 On list of applicants for spirit licenses in Sydney (Reel 6006; 4/3498 p.62) 1819 Feb 15 On list of applicants for renewal of spirit licences in Sydney (Reel 6006; 4/3499 p.318) 1820 Feb 10 Publican of York Ranger, Kent Street. On list of publicans at Sydney who are not to receive licenses for the ensuing year (Reel 6007; 4/3501 p.250) 1822 Sep 30 Free woman carrying on a retail shop at 23 Pitt Street. Petition for mitigation of sentence on behalf of her husband (Fiche 3216; 4/1865 p.27) 1823 Sep 26 On list of persons receiving an assigned convict (Fiche 3290; 4/4570D p.31) 1825 Feb 14 Re permission to ship articles to Port Macquarie, not granted (Reel 6014; 4/3513 p.413) 1825 May 3 Petition for her husband James to return to Sydney (Reel 6069; 4/1817 p.79) 1825 Jun 11 Petition for mitigation of sentence on behalf of her husband James (Fiche 3246; 4/1873 p.68)

341

Maureen Withey on 20th March 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 20 March 2023), February 1815, trial of JAMES WALKER, alias DRIVER (t18150215-18). JAMES WALKER, Miscellaneous > returning from transportation, 15th February 1815. 285. JAMES WALKER, alias DRIVER ; was indicted, and the indictment stated, that on the 3rd of April, in the 51st year of his Majesty's reign, he was tried and convicted of felony and burglary, and received sentence of death, and that afterwards his Royal Highness the Prince Regent, in the name and on the behalf of his Majesty, was graciously pleased to extend his Royal mercy to him, on condition of. his being transported to New South Wales, whereupon he was ordered to be transported accordingly. That he afterwards, on the 8th of December last, feloniously and without lawful excuse, was at large, at the parish of St. Mildred's, in the Poultry, in the ward of Candlewick , before the expiration of the term for which he was ordered to be transported . HARRY ADKINS . I am an officer; I produce a certificate of the conviction of the prisoner, I got it from Mr. Shelton's office, I saw Mr. Shelton sign it, (The certificate read.) WILLIAM ERASMUS HARDY. Q. Do you recollect the man at the bar being tried here in April, 1811 - A. I do, he was tried for burglary according to the statement. COURT. You saw the prisoner tried here did you - A. Yes, I did. Q. Was he afterwards pardoned - A. Yes this paper contains his pardon, it has been in my custody ever since; the prisoner is the same person mentioned there (The pardon read.) Q. He was delivered over pursuant to this order - A. Yes I delivered him over to a file of soldiers, to be delivered at the Isle of Wight, on the 10th of August 1811. WILLIAM GILLMORE . I am clerk in the accompting house of Messrs. Fry and company, Bankers, in St. Mildred's court, in the Poultry. Q. Do you recollect the 8th of December last seeing the prisoner at your accompting-house; was he at large in your Banking house that day - A. He was; on the 8th of December, he was taken up on our charge. COURT. Q. Did you know him before - A. Not in the least. He was taken at our house for presenting some notes that had been stolen. Prisoner's Defence. With submission being deprived of my parents at the early part of my life, and left without a protector or adviser, I unfortunately deviated from the path of rectitude. On the report being made to his Majesty, he was graciously pleased to spare my life, and by the humane benevolent interposition of the Recorder of London, I experienced a further extenuation of Royal clemency, and was pardoned, on condition of serving in the army abroad. In the month of August, 1811, I quitted London for the Isle of Wight, where I served six months to the entire satisfaction of my superior. On my embarking for the regiment that I was attached to, I not only received a certificate of good conduct, but was permitted to take my wife with me to the West Indies, and on joining my regiment, no man could devote himself more chearfully than I did to my duty, for which I had the happiness of obtaining the good opinion of my officers, so as to be selected myself and wife for an important situation in the family of Sir Alexander Cochrane , who was then govenour of the Island. I unfortunately fell ill and was obliged to be removed to what was considered a more healthy situation; my constitution however would not bear the climate; and after four attacks of the fever, I was reduced to the very verge of the grave, and no hopes of avoiding speedy dissolution but by flight: I was tempted to desert to save my life, after having served most faithfully and zealonsly, as far as healt would admit. I returned to my native country, without friends or the means of existance, my character being gone, and fearing to shew myself where I could gain an honest livelihood. COLONEL MAHONE. I belong to the regiment of Royal York-rangers. I was at Barbadoes; the prisoner was a private soldier in the Royal York-rangers nearly two years. I speak from recollection, I have no document, his conduct was that of a good soldier, I heard no complaint against him; if there had been I must have heard it, I had such an opinion of the man, that he and his wife were selected to serve in the Govenours house; the man and his wife conducted themselves with propriety, they merited every attentton. I could bestow upon them. Q. Had he the yellow fever - A. I cannot take upon me to say, every man in that part has; I think it is more provable that he had, he was of a weak habit. GUILTY - DEATH , aged 31. London jury, before Mr. Common Serjeant. -------------------------------------------------- He was previously tried as James Driver, at the Old Bailey on April 1811, for burglary, and was sentenced to Death, his age given then as 25. Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 20 March 2023), April 1811, trial of JAMES DRIVER (t18110403-54). --------------------------------------------------

341

Maureen Withey on 20th March 2023

Colonial Secretary Index DRIVER, James. Per "Fanny", 1816 1819 Dec 27 On list of prisoners sent to Newcastle per "Elizabeth Henrietta" (Reel 6007; 4/3501 p.131) 1820 Apr 11 Re sentence remitted (Reel 6007; 4/3501 p.339) 1820 Apr 18 Returned to Sydney (Reel 6067; 4/1807 p.89) 1821 Apr 16 On list of prisoners transported to Newcastle per "Elizabeth Henrietta" (Reel 6007; 4/3503 p.222) 1821 Aug 20 Sentenced to Newcastle on 30 Mar 1821 for buying stolen lead from a convict. Petition for mitigation of sentence (Fiche 3207; 4/1862 p.55) 1822 May 15 On list of prisoners transported to Port Macquarie per "Lady Nelson" (Reel 6009, 4/3505 p.278; Reel 6019, 4/3864 pp.356-7) 1822 Sep 30 Prisoner at Port Macquarie. Petition for mitigation of sentence on his behalf by his wife Mary (Fiche 3216; 4/1865 pp.27-8) 1823 May Prisoner at Port Macquarie. Petition for mitigation of sentence (Fiche 3231; 4/1869 pp.47-47d). Reply, 11 Jun (Reel 6010; 4/3508 p.479) 1823 Jul 21 May be returned to Sydney if his character merits it (Reel 6019; 4/3864 p.60) 1823 Sep 26 On list of prisoners assigned (Fiche 3290; 4/4570D p.31) 1824 Apr 27 On lists of prisoners transported to Port Macquarie per "Sally" (Reel 6019; 4/3864 p.126, 474-5) 1825 Jun 11, Oct 25 Petitions for mitigation of sentence (Fiche 3246; 4/1873 pp.66-8). Reply, 5 Nov (Reel 6015; 4/3515 p.541) 1825 Aug 23 Gillman requested to furnish copy of notification allowing Driver to absent himself from Port Macquarie (Reel 6019; 4/3864 p.260)