John Duncan

218

Dianne Jones on 18th February 2022

FOOTNOTE -- BEFORE HIS TRANSPORTATION: Saturday 3 May, 1856: From the Paisley Herald and Renfrewshire Advertiser, p3: DARING ATTEMPT OF CONVICTED CRIMINALS TO ESCAPE FROM THE SOUTH PRISON, GLASGOW. A disturbance, which was fortunately checked in time to prevent any serious casualty taking place, occurred on Tuesday afternoon at the South Prison, Glasgow. It appears that, at about half-past three o’clock, Nicol McIntyre, who has been a turnkey for upwards of seventeen years was proceeding to lock up a convicted prisoner, along with a number of others sentenced at Tuesday’s Court, and had just opened the cell door, when the prisoners, to the number seven or eight, rushed out, and overpowering him dragged him into the cell, and locked the door. They then rushed into the southern court or square, and meeting in their progress another of the turnkeys, named Samuel McLauchlan, they surrounded him, wrenched a large from his hand, and would, undoubtedly, have beaten his skull, had he not, by a desperate effort, succeeded in getting hold of the key. Meantime, one of the female turnkeys, attracted by the noise, at once gave the alarm at once gave the alarm. Seeing that they wore discovered, prisoners made for the northern court or square, but finding no way of escape, they armed themselves. One of them, a determined little scoundrel, named McMillan about nineteen years of age, got hold of a poker, and brandishing it round his head, threatened to murder the first man that dared to lay hands upon him. Another armed himself with an iron gas bracket, another with the staff of a broom, the remainder with coals, pieces of bricks, etc. Getting behind an iron gate at the end of a close, which communicated with the northern and southern courts or squares, they swore they would hold it like true Britons against the attack of all the Russians (meaning the police) in the city. A brigade of police was gradually collected; while a portion of them were standing in the close above referred to, waiting impatiently on a superior officer to take the lead, the prisoners threw at them pieces of brick, coal, and every available stone they could lay hands upon. After a delay of a few minutes, the gate was thrown open by one of those who were armed, all of whom struck out and inflicted some severe bruises on the constables. The leaders in this daring revolt were James McMillan, a returned convict, sentenced to 21 years’ transportation, before Lord Deas; Charles Edwards, also returned convict, and who was only seventeen days home when he robbed an old man, named Millar, of a silver watch, for doing which he was, before Lord Cowan on Tuesday, sentenced to 21 years’ transportation; Thomas Black, also a returned convict, and JOHN DUNCAN [my emphasis], both of whom were sentenced to transportation, the former to 21 and the latter to 15 years, for breaking into a tobacconist’s shop in Canon Street. It is only just to some of the convicted to say that they refused to take part in the disturbance. McLauchlan, the turnkey, had his head cut severely in several places, but his wounds are not of a serious nature, neither are any of the wounds inflicted on the police. As for the other turnkey, McIntyre, we have been informed that, previous to dragging him into the cell they knocked him down, jumped upon, and, besides kicking and otherwise maltreating him, broke one of his fingers. Had the attempted escape not been observed in time, to prevent the opening the cell doors to the other prisoners, which they would have done had they gained possession of McLauchlan the turnkey’s key, a wholesale escape would have been would have been attempted. Even if they had not succeeded in making their escape from the square, had they got possession of weapons of any kind they would most assuredly have murdered any one that came within their reach. In future, and till the prison has been in some way repaired, it would be well for two turnkeys to go together when the prisoners are being locked up. Had this been the case on Tuesday, the criminals would scarcely have dared attempt to escape…” (https://www.britishnewspaperarchive.co.uk/)

218

Dianne Jones on 1st December 2021

10 January, 1880: John Duncan and Edward Connolly were convicted of stealing a watch, chain, money and pocket book belonging to Charles Wooley on 27 September. Both were sentenced to 7 years' jail. From his Fremantle jail record: DUNCAN, John; #10286, Colonial conviction Alias: DUNAWAY Other No: 4534, 10096 Date of Birth: 1833 Marital Status: Unmarried Occupation: Farm labourer Sentence Place: Western Australia, Australia Sentence Period: 7 years Previous Convictions: Yes (https://fremantleprison.com.au/). --0-- 14 January, 1880: From the Inquirer and Commercial News, p3: "John Duncan and Edward Connelly were charged with stealing a watch and chain, £5 5s. 6d., and a pocket-book, the property of Charles Wooley, at the house of George Coombs, on the 27th September. Mr. Howell appeared for both defendants. Wooley went to bed about 10 o'clock, hanging his watch and chain on a nail and putting his pocket-book, containing the money on the mantlepiece: he recognised the watch and chain and ... [illegible] of the notes proffered; after giving information to the police, he went out of the house next to Connelly's, when the prisoner said if he would give him 10s. and a bottle of grog he would get the watch and chain back: this witness could not do, as his money was all gone, but he told Connelly that if he would leave the watch at Davis's he would give him the ... Connelly then went to Duncan and asked him for the watch; Duncan put his hand in his bosom and pulled out part of the chain, which witness recognised; he then went to the police station and asked for the apprehension of the two prisoners. H....... John said he saw the two prisoners walking backwards and forwards in front of Coombs house on the night of the robbery ; he also saw them open the door and go into the room occupied by Wooley, light a match and take the watch from the nail and the pocket-book from the mantelpiece; they came out, leaving the door open, and proceeded down the yard and went into Mrs. Dawson's house, but Mrs. Dawson turned them out; a girl named Mary Ann Clarke came out of Mrs. Dawson's and went away with the two prisoners; he heard Duncan promise the girl 10s. and Connolly say he had plenty 'rhibuck;' on the following morning he heard Duncan promise that the watch should be returned if Wooley would give money and a bottle of rum; witness did not tell the police, as it was no business of his. Eliza Bowen (late Mrs. Dawson) said the prisoners came into her house and she turned them away; next morning she went to an outhouse and found the pocket-book produced. Corporal Lawrence and Corporal O'Connor proved the arrest of the prisoners and finding the stolen property in their possession. Mr. Howell addressed the jury in defence, and after the Judge had summed up, the jury, without leaving the box, returned a verdict of guilty. His Honor said he had never known a more impudent robbery brought before the Court, nor a more flimsy defence either. He would sentence the prisoners to seven years' hard labour each." (https://trove.nla.gov.au/newspaper/article/65960539)

218

Dianne Jones on 1st December 2021

4 December, 1872: John Duncan was convicted of perjury, at Geraldton QS, and sentenced to 6 years' penal servitude [the term stated in newspaper coverage of his trial]. From his Fremantle jail record: DUNCAN, John; #10096, Colonial conviction Alias: DUNAWAY Other No: 4534, 10286 Date of Birth: 1833 Marital Status: Unmarried Occupation: Farmer Sentence Place: Geraldton, Western Australia, Australia Crime: Perjury Sentence Period: 5 years Previous Convictions: Yes Ticket of Leave Date: 11 Dec 1876 Certificate of Freedom Date: 2 May 1878 Comments: General servant. Reconvicted in Western Australia (https://fremantleprison.com.au/). --00--

218

Dianne Jones on 1st December 2021

IN WA: From his Fremantle jail record: DUNCAN, John; #4534, arrived 1 Jan, 1858, per Nile Alias: DUNAWAY Other No: 10096, 10286 Date of Birth: 1833 Marital Status: Unmarried Occupation: Carpenter Literacy: Literate Sentence Place: Glasgow, Lanark, England Crime: House breaking Sentence Period: 15 years Previous Convictions: Yes Ticket of Leave Date: 14 Apr 1861 Conditional Pardon Date: 5 Jan 1862 Comments: Reconvicted in Western Australia (https://fremantleprison.com.au/). --00--

218

Dianne Jones on 1st December 2021

VOYAGE TO WA: John Duncan's co-accused Thomas Black, alias McIlwraith, was also aboard the Nile (see https://convictrecords.com.au/convicts/black/thomas/59253). --00--

218

Dianne Jones on 1st December 2021

TRIAL: 29 April, 1856: National Records of Scotland—Reference JC26/1856/150 Trial papers relating to Thomas Black and John Duncan for the crime of theft by housebreaking and previous conviction. Tried at High Court, Glasgow Accused: Thomas Black, alias McIlwraith, Verdict: Guilty, Verdict Comments: Guilty in terms of own confession, Sentence: Transportation - 21 years Previous convictions: theft. Accused: John Duncan, alias Black, Verdict: Guilty, Verdict Comments: Guilty in terms of own confession, Sentence: Transportation - 15 years Previous convictions: theft. Note: Pannel [Duncan] pleaded guilty as libelled, with the exception of the previous convictions dated 1 April 1850 and 22 April 1851, which he claimed did not apply to him. The jury found the conviction dated 22 April 1851 not proven. [Footnote: John Duncan's record shows he was convicted of theft on 22 April 1851 and sentenced to imprisonment for 18 months. He was "to serve the sentence in the general prison at Perth, failing which in the prison of Glasgow."] --00--

218

Dianne Jones on 1st December 2021

CRIME: 1856: National Records of Scotland—Reference AD14/56/92 Precognition against Thomas Black and John Duncan for the crime of theft by housebreaking and previous conviction Accused Thomas Black, alias McIlwraith, Age: 22, hammerman, Address: Gibson Street, Glasgow, Origin: Native of Glasgow. Accused: John Duncan, alias Black, Age: 22, joiner, Address: High Street, Glasgow, Origin: Native of Glasgow. —0—