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James Gardner

James Gardner, one of 176 convicts transported on the Lord Melville, 29 May 1830

Name, Aliases & Gender

Name: James Gardner
Aliases: none
Gender: -

Birth, Occupation & Death

Date of Birth: -
Occupation: -
Date of Death: -
Age: -

Life Span

Life span

Median life span was 61 years*

* Median life span based on contributions

Conviction & Transportation

Sentence Severity

Sentence Severity

Sentenced to 7 years

Crime: Stealing fowls
Convicted at: Lancaster (Borough and Town of Lancaster) Quarter Session
Sentence term: 7 years
Ship: Lord Melville
Departure date: 29th May, 1830
Arrival date: 21st October, 1830
Place of arrival New South Wales
Passenger manifest Travelled with 175 other convicts

References

Primary source: Australian Joint Copying Project. Microfilm Roll 89, Class and Piece Number HO11/7, Page Number 374
Source description: This record is one of the entries in the British convict transportation registers 1787-1867 database compiled by State Library of Queensland from British Home Office (HO) records which are available on microfilm as part of the Australian Joint Copying Project.

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Community Contributions

John Phillips on 26th July, 2018 wrote:

THEFT
November 26th, 1829:
Stole, with accomplice Robert Palmer, two turkeys and a goose from the Lancashire Workhouse, between the hours of seven and nine in the evening.

APPREHENSION
November 27th, 1829:
Poultry Robbing. – We understand that for some time past, depredations have frequently been committed among the poultry belonging to different farmers in this neighbourhood, which baffled the constables to find out the real perpetrators. However, yesterday week, Hogarth, police-officer, of this town, having obtained a clue, apprehended a person of the name of William Sandham, and afterwards five others, whose names are Robert Palmer, Robert Brenan, Alexander Medcalf, James Gardner, and Mary Cawson, who were, together with Sandham, brought before our Chief Magistrate, on Saturday last, and after undergoing an examination, fully committed to the Castle, to take their trials at the next Sessions for this Borough, on a charge of stealing two turkies, belonging to the Parish Workhouse.
(extract from the Lancaster Gazette, dated December 5th, 1829)

COMMITTAL
November 28th, 1829:
Committed to the Castle, charged with having stolen, at Lancaster, two turkeys, the property of Joseph Rothwell.
(extract from the Lancaster Gazette dated December 5th, 1829).

TRIAL
January 14th, 1830:
JAMES GARDNER, ALEXANDER METCALF, ROBERT BRENNAND, ROBERT PALMER, and MARY CAWSON, severally pleaded not guilty; the former to an indictment charging him with having, on the 27th of November last, stolen three turkeys and one goose, from the Lancaster Workhouse, the property of the overseers of the poor of the township of Lancaster, and the latter three with aiding, assisting, and receiving the same, knowing them to have been stolen.
Mr. Rulfield detailed the nature of the case to the Jury, and called William Sandham, who had been admitted King’s evidence. He stated, that he had sometime since been an inmate of the Lancaster Poor-house, and that he had also been residing at Preston, from whence he returned to Lancaster on the Tuesday preceding the robbery. On Thursday night, he was at Robert Palmer’s house, and Mary Cawson was there. He said that he was hungry, and would go to the overseer’s office for relief. Palmer’s wife said, if you will go to Mr.———‘s. you will get sixpence. Palmer proposed that he should go to the Workhouse, and steal a turkey, and he would get a few friends to meet him at the cinder-ovens, where it would be roasted. Mary Cawson and Palmer went with him as far as Mr. Hall’s house, in the Friarage, where they separated; and witness went to the Workhouse, got a turkey, and met the other two prisoners. They then proceeded to the cinder-ovens, where were the other prisoners, Gardner, Medcalf, and Brennand: Mary Cawson killed the turkey, and it was plucked by her and Palmer. They had roasted potatoes, and some milk, which Palmer had procured by milking some cows in a shippon, on the road side near the aqueduct. After they had eaten the turkey, Gardner said, he reckoned it no sort of a feast; they must go and get some more. And Gardner went with him to the Workhouse, and got two more turkies and a goose; the goose they killed, and deposited in a wood near the Dog-kennel, Gardner observing, that they would fetch it some other time. They then returned to the cinder-ovens, and the other prisoners had, during their absence, procured about two measures of potatoes, which were ready washed. After they had eaten the turkies, they all went to a cow-house, where they slept until nearly seven o’clock. They then separated, and Mary Cawson went with the witness and Palmer to the latter’s house. It appeared that the turkies were stolen between the hours of seven and nine. Several persons were called, Whose evidence corroborated the above statement.
Richard Hogarth, constable, in consequence of some information, apprehended Sandham at Palmer’s house, on the Friday after the robbery: searched the house, but found nothing. Mary Cawson, in a conversation with the constable, admitted that she had plucked the first turkey; and said, that Sandham could tell where the goose was, which he accordingly did. Hogarth said he did not use any inducement whatever to cause Sandham to make a confession; and that it was entirely a voluntary act of his own.
The Mayor recapitulated the evidence to the Jury, with great ability; who, after some consultation, found all the prisoners guilty.
The Court then sentenced James Gardner and Robert Palmer each to seven years transportation. Alexander Metcalf and Robert Brennand each to two years imprisonment and hard labour, in Lancaster Castle, and to be once privately whipped. Mary Cawson, to be imprisoned for the space of 13 calendar months, and hard labour, in Lancaster Castle.
(extract from the Lancaster Gazette, dated January 16, 1830)

PRISON HULK
February 12th, 1830:
Received from Lancaster Gaol, with accomplice Robert Palmer, on 12 Feb 1830 on board the hulk “Dolphin” at Chatham, Kent.

EMBARKATION “LORD MELVILLE”
May 19th, 1830:
Embarkation started on 19 May and continued through to 21 May 1830. James’s disembarkation date is stated as 21 May 1830.

DEPORTATION
May 29th, 1830:
Deported as a convict for stealing a turkey - later changed to larceny (stealing). Travelled aboard the ‘Lord Melville’. Prisoner No. 30/1673. Total of 176 male convicts aboard, including Robert Palmer, all survived. Departed the Downs on 06 Jun 1830.

ARRIVAL
October 21st, 1830:
Arrived at Sydney Cove, New South Wales. Some doubt about date, either 21 Oct or 22 Oct 1830. Journey time 137 days.

TICKET OF LEAVE
October 10th, 1835:
Was granted and held a ticket of leave No. 35/855 for good behaviour.

RESIDENCE
1835 to 1837. Illawarra, New South Wales. Had to stay in district of Illawarra for the term of his Ticket of Leave.

CERTIFICATE OF FREEDOM
October 18th, 1837:
Certificate No. 37/860.

RESIDENCE
1837:
NSW General Muster D - J.

MARRIAGE
1853:
Mary Ann Pinder was herself the daughter of another convict - James Pinder. She was 28 years younger than her husband and only 15 years of age at the time of the marriage.

John Phillips, Western Australia

Convict Changes History

John Phillips on 26th July, 2018 made the following changes:

crime

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