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James Gardner, one of 189 convicts transported on the Duke of Portland, January 1807
Name, Aliases & Gender
Birth, Occupation & Death
|Date of Birth:
|Date of Death:
life span was 54 years*
* Median life span based on contributions
Conviction & Transportation
Sentenced to 7 years
||Middlesex Gaol Delivery
Duke of Portland
27th July, 1807
|Place of arrival
||New South Wales
Travelled with 201 other convicts
||Australian Joint Copying Project. Microfilm Roll 87, Class and Piece Number HO11/1, Page Number 392
||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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Maureen Withey on 13th February, 2021 wrote:
Old Bailey Proceedings Online (http://www.oldbaileyonline.org, version 8.0, 13 February 2021), October 1805, trial of JAMES GARDNER (t18051030-15).
JAMES GARDNER, Theft > grand larceny, 30th October 1805.
672. JAMES GARDNER was indicted for feloniously stealing, on the 5th of October, a seal, value 1 s. a glass bottle, value 1 s. 6 d. a Bank-note, value 2 l. and nineteen Bank-notes, value 1 l. each, the property of John Gleed, Esq.
JOHN GLEED , ESQ. sworn. - I live at No. 1, Temple-cloisters : On the 5th of October I returned to London from the country, about the hour of three in the day; I came to the Temple in a hackney-coach; I had my portable writing-desk with me, which I have now in my hand, containing papers, Bank-notes to the amount of twenty-one pounds, a seal, and a glass bottle; I carried the box myself to the chambers; I had also with me two bags containing cloaths; I carried my desk in my own hand to my chambers, and I delivered my bags to a porter to carry; I certainly had the appearance of a person just returned from a long journey; I put my desk and my bags in my chambers, and there I left them, and went myself to Mr. Bolland’s chambers; we returned to the Cloisters in about three quarters of an hour, Mr. Bolland and myself, on purpose to return into the City; I went up stairs, leaving Mr. Bolland at the bottom of the stair-case; I put the key into the key-hole, and the key immediately turned round; it made no resistance to the key; I pushed the door open, and I found the lock lying on the ground; I went across my anti-room into the room where I had deposited the desk and two bags, and I found upon the ground this desk lying open; the contents of the bags were upon different chairs; I have two rooms, one on the right hand and one on the left; I turned very short round to the room on my left hand; immediately as I turned the door opened, and a man ran across the anti-room; I observed particularly the colour of his coat; I followed him quickly, and cried out stop thief! stop him! I ran down stairs quickly, and when I found my friend Mr. Bolland in pursuit of him, I ran up stairs again, for the purpose of seeing if any other person was there, or any property gone; I found no person there, but I found my Bank-notes that I had left in this part of the desk, a seal, and a glass bottle, were all gone; all the drawers in the second room were open; nothing gone but what I have mentioned; there was nothing in the drawers to take out; the contents of the bags I have mentioned were laying on the chairs; Mr. Bolland very soon returned, and in consequence of some information I received I went round immediately into Garden-court, leaving a person at the same time in possession of my chambers; I went into Garden-court with intent to look into different stair-cases; I ran up one stair-case very quickly, and down again, and when I came down I observed a person as if he came from the watermens’ stairs; he had no hat or coat on, but something under his arm contained in a silk handkerchief, he was walking along very leisurely, and to me he had the appearance of a waterman, I thought at first he was a waterman; I immediately went up to him and said, have you seen a man in a brown coat; he said, no; I said, where did you come from; he said from the water; I said, you are the very man I want, I have had my chambers robbed and you must assist me to find the thief; the man said he could not stop; directly he said he could not stop, I said, if you cannot stay with me, I must go with you, for I shall not part with you; I then asked him very sharply, where do you live; I am not certain whether he said Essex-street or Exeter-street. As the man did not seem to be inclined to stay with me, I went with him; we went through Garden-court, and met no one, up the steps, through Fountain-court, then into New-court; as soon as we came out at the gate I observed him not going to Essex-street, where I thought he said he was going; he turned short round to go to Devereaux-court. As soon as I discovered that, I said, where did you say you lived; he said, Exeter-street; I thought then I would not let him go any further; I said, you had better come back with me, if you do not I shall take you into custody; I placed myself immediately before him, and to a gentleman who was passing by I said, Sir, I have had my chambers robbed, I do not say that this is the man that robbed me; the gentleman caught hold of the man and I slipped the parcel from under his arm; I moved aside the silk handkerchief, and as soon as I observed the colour of the coat, I said, I will take this man into custody; the man expressed an anxiety to have his hat (the bundle contained a coat and a hat); I said, Sir, there is no sort of objection to that; another person came up; I did not then search the hat, upon that there is another witness; we turned round and came through the Temple; we met my friend Mr. Bolland; I said, call a coach; I took the prisoner with me and Mr. Bolland also, and we went together to Bow-street, the Magistrate was not sitting at Bow-street at that time; the person who picked up the hat brought it with him, his name is Jackson; I took the coat, and Jackson who picked up the hat, as I had desired him, brought it with him to Bow-street; Jackson, soon after we had turned round the corner of Devereaux-court, said, here, Sir, are your notes, and delivered them to me.
Cross-examined by Mr. Gurney. Q. Was that in the prisoner’s hearing? - A. It was; he delivered to me the notes, which I immediately put into my pocket; the notes which I had left in my desk amounted to 21 l.; when the prisoner was taken to the Brown Bear , I called Baker, the officer, who searched him; I gave to Baker the coat which I had taken from under the arm of the prisoner; from the pocket of that coat a seal and a bottle was produced that belonged to me; there were also two or three pieces of folded paper; when the prisoner saw me opening the paper he said, you need not give yourself any trouble, for they are only receipts; on the paper was written the name of James Gardner , which is the name of the prisoner at the bar; the pieces of paper with the name of James Gardiner were in the same coat in which I found my seal and bottle; the seal and bottle I can identify.
Q. What was the amount of the notes found? A. Twenty-one pounds in the desk, and the notes delivered to me amounted to twenty-one pounds.
- BOLLAND, Esq. sworn. - Mr. Gleed came to my chambers in October, as he has stated; after remaining there three quarters of an hour, I accompanied him to the bottom of his stair-case; I had remained there near a minute, when I heard a cry of stop him; I thought it was some joke of the workmen that were working on the staircase, as I knew there were workmen there; a man passed me with his coat and hat on, and in his right hand he held a chissel.
Q. Do you know that man? - A. I think I have but little doubt of the person of the prisoner; I am as certain as I can be of the fact from the observation of his running down the stairs and passing me, and in the pursuit I had after him; when he came down the stairs I stood, then, rather out of his reach; I could have sprung upon him, but thinking it was a joke I thought it would be useless to throw the man down, and if it was serious I did not like the chissel; when I found two persons following of him, and that it was serious, I followed him, and in Pump-court I should have caught him, but he doubled as he went down, by which means he threw me out; I was obliged to see which turning he went as there were three; he turned the right hand turning through into Middle Temple-lane, he having then the start of me about twenty yards, having still the chissel in his hand; he ran up the Middle Temple hall stair-case; I remained there some time; I did not see him return: I put some people to watch him and I went and met Mr. Gleed with the prisoner; I then thought he was the man that I had seen come down the stairs. There was a chissel found in his bag, that is not the chissel he had in his hand, the chissel found being a small chissel.
Cross-examined by Mr. Gurney. Q. The prisoner did not brandish the chissel at you, nor attempt to do you any harm? - A. No; whether he be or not be the man he was as quiet as a child.
- JACKSON sworn. - On the 5th of October I was walking in the Middle Temple hall; a man went past me; I heard the cry of stop thief; Mr. Bolland came into the Middle Temple, and I lost sight of him; from there I walked up Devereaux-court, there I saw the prisoner and Mr. Gleed; I went up to them; Mr. Gleed said, you are the man that robbed my chambers, you must go with me; I turned round and saw the hat lay, I picked it up, I put my hand into the crown of it and took out the Bank-notes.
Q. Which Bank-notes you gave to Mr. Gleed? - A. Yes; and then we went to Bow-street.
JOSEPH BAKER sworn. - I am an officer.
Q. The coat was put into your hands at the Brown Bear - what did you find in the pockets? - A. I found a smelling-bottle and a seal, which I now produce, and two pieces of paper receipts.
Mr. Gleed. There is nothing particular on the seal; I had a seal of this impression, of this shape, and form.
Q. What impression is it? - A. A figure, with a dot; it may be Diana; I have no doubt but that it is my seal, I purchased it at Stafford last circuit; I am more positive with respect to the bottle, it is rather singular in its form, the top of it, instead of being perfectly strait, is rather bent on one side.
Prisoner’s defence. I was moving at the time; I was going to my brother to get a cart and horse; I had crossed the water, and going up Temple-lane I picked up the bundle; I was going through Temple-lane when Mr. Gleed stopped me; I knew nothing whatever what the coat contained.
Q. How do you account for the hat? - A. I had never opened the bundle, at the time I picked it up it was laying in the first turning from the waterside; I had no coat nor hat on.
The prisoner called four witnesses, who gave him a good character.
GUILTY , aged 30.
Transported for seven years .
Second Middlesex Jury, before Mr. Recorder.
Captivity Hulk Records. HO-9-8-3. Page 14.
Received seventeen from Middlesex, 6 March 1806
James Gardner, age 31, Felony, Tried Middlesex, 30 Oct 1805, 7 years, sent on board Duke of Portland, 2 Jan 1807.
Convict Changes History
Maureen Withey on 13th February, 2021 made the following changes: