Henry Duffety

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Dianne Jones on 10th January 2022

FOOTNOTE 2: George Rogers, Henry Dufferty and Charles Hawkins were transported to WA aboard the Nile. William Ryan's arrival in WA was much later, on 29 May 1863, per the Clyde. --00--

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Dianne Jones on 10th January 2022

FOOTNOTE 1: NEWSPAPER REPORT OF THE TRIAL From the 'Weekly Dispatch', April 13, 1856, p.11: "WESTERN CIRCUIT - TAUNTON Before Mr. Justice Crowder George Rogers, Henry Dufferty, Charles Hawkins, Thomas Dallmiore, William Oldfield, Joseph Taylor, Mark Fawkes, William Belston, and William Ryan were indicted for having, on the 6th of December, burglariously broken and entered the house of Mary Baber, and stealing a spoon, a ring, a pencil-case, three spoons, a watch-guard, and £8 in money, and beating and striking James Veale, otherwise Flower, on the head. It appeared from the evidence of numerous witnesses, that the house of the prosecutrix is situated by itself about 100 yards from the high road, and that the inmates on Thursday, the 6th of December, consisted of Mrs. Baber; her sister, Mrs. Hopkins; a female servant, named Elizabeth Cambridge; Mrs. Baber’s uncle, Mr. Jones; and a man-servant named James Veale. On the evening of the day in question, all the inmates of the house went to bed at the usual time, the servant having previously seen that the fastenings were all secure. About 8 o’clock on the morning of the 7th of December, the house was broken into, and almost simultaneously two men entered the room of Mr. Jones, two that of Mrs. Baber, one that of Mrs. Hopkins, while another held the door of room in which the maid-servant slept. The two men who entered the room of Mr. Jones committed an act of gross outrage. They struck Veale, the man-servant, a violent blow with a life preserver which drew the blood from his head, then rolled him up in the bed-clothes so as to prevent him from observing what was going on. [DRAWING OF THE WEAPON DESCRIBED BELOW] The "Life Preserver" is a formidable weapon having a flexible shaft, 8" long, possibly of whale-bone, and a lead weighted end, bound with cord. In use it was intended to be aimed at the arms or legs in order to disable the assailant. A blow to the head could easily result in fatal injuries. At this time, Mrs. Baber, hearing the noise in her uncle’s room, sprang out of bed, bolted her door, and was about to give an alarm when two men burst into her room. They did not offer any actual violence to Mrs. Baber, but they threatened her, and said it would be of no use to make any noise as there were twenty of them outside. These men had their faces covered with something black, so that Mrs. Baber was unable to distinguish their features, but one of them kept watch over her for half an hour and she had ample opportunities of observing the other. She spoke positively to Rogers and Duffety being the two men who came into her room. As to the maid-servant, no one broke into her room and, consequently, she saw nothing, but she heard much. She spoke to one of the men who were outside her room having a very peculiar footstep, and the prisoner Hawkins was a person with a malformation in his legs, which caused a strange manner of walking; in addition to which, there was this fact against him, that, his house being searched, a quantity of housebreaking implements were found, among which were a chisel and a turn-screw, which exactly corresponded with the marks on the part of the premises by which access was gained. Mr. Jones was an old gentleman, upwards of 80, and Mrs. Hopkins a highly nervous lady; so that they were not able to identify any of the prisoners. Independently of money, the booty of the of the burglars was exceedingly small, and none of the stolen property was traced to the possession of the accused. The only direct evidence in the case was that of Mrs. Baber against Rogers and Duffety, and the facts already mentioned respecting Hawkins. As regarded all the other prisoners, the prosecution relied almost entirely on the evidence of an abandoned woman named Emma Bryant, the paramour of Ryan; but her statements were exceedingly contradictory. Rogers, Duffety and Hawkins were Convicted and had sentence of death recorded against them. Ryan and Dallimore, convicted on the previous day of a burglary at Stanton Prior, were sentenced, Ryan to 14 years transportation, and Dallimore to four years’ penal servitude. Mark Faux subsequently pleaded Guilty to a charge of receiving part of the property of another burglary at Marksbury, and was sentenced to four years penal servitude. Oldfield, Rich and Belstone were discharged." (Western Australian Convicts at http://www.perthdps.com/convicts/w4615.htm).

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Dianne Jones on 18th December 2021

IN WA: From his Fremantle jail record: DUFFETY, Henry; #4650, arrived 1 Jan 1858 per Nile Date of Birth: 1828 Marital Status: Unmarried Occupation: Shoe maker Literacy: Semiliterate Sentence Place: Taunton, Somerset, England Crime: Stealing with violence Sentence Period: 20 years, commuted Ticket of Leave Date: 15 Oct 1860 Conditional Pardon Date: 6 May 1864 Comments: Self-employed, 1861 (https://fremantleprison.com.au/).

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Dianne Jones on 18th December 2021

10 March, 1857: He was admitted to Chatham, a public works prison for male convicts east of London, at St Mary’s Island, in Kent (https://www.prisonhistory.org). On the record of “male transports” from Chatham per Nile to WA he was listed as #788, 28 years old, single, a cordwainer, able to read and write imperfectly, convicted for "stealing with violence from a dwelling house" (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; Convicts Transported Per Nile (R32)). --0-- Note: From the Dictionary of Old Occupations (https://www.familyresearcher.co.uk/) -- "Cordwainers made a variety of goods from fine soft leather which originated from the Spanish city Cordoba. The term Cordwainer dates back to the 12th century. Down through the centuries the occupation evolved into being known as a maker of luxury boots and shoes." --00--

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Dianne Jones on 18th December 2021

28 August, 1856: From Taunton, he went to Millbank at Westminster in London. Listed as #3429, he was 28, single, CofE, a cordwainer, able to read and write imperfectly and sentenced to 20 years' transportation (death recorded) for burglary with violence. Next of kin -- his sister, Ann Good of Coffee Pot Tavern, St James' Barton, Bristol. By the 1850s, Millbank and Pentonville were places for all male convicts to serve “their probationary term [of 9 months], after which they would be transported or sent to a public works prison” (https://www.prisonhistory.org). Henry Duffety served 6 months 10 days in separate confinement (UK, Prison Commission Records, 1770-1951; Millbank Prison; Register of Prisoners to 1885). --00--

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Dianne Jones on 18th December 2021

JAILS: 27 March, 1856: Henry DUFFETY, 28, convicted for felony at Taunton Lent Assizes and sentenced to 20 years' transportation, is on a list of "Prisoners upon order in HM Gaol at Taunton" (Taunton Gaol, Somerset: Calendars of Trials At Sessions and Assizes For the County of Somerset; UK, Prison Commission Records, 1770-1951; Taunton Gaol; Calendar of Trials to 1889). He was held in separate confinement at Taunton for 5 months 1 day. --0--

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Dianne Jones on 18th December 2021

TRIAL: 27 March, 1856: Henry DUFFETY, case #52, was convicted at the Assizes, held at the Castle of Taunton, on a charge of "burglary with violence, before convicted of felony". He was sentenced to death, commuted (England & Wales, Criminal Registers, 1791-1892; England; Somerset; 1856). --0--