Philip Hustwaite

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Dianne Jones on 15th October 2023

IN WA: 1868, January: On arrival, PHILIP HUSTWAITE was listed as convict #9776, 37 [on arrival], married with one child, literate, butcher, Protestant; convicted 9 April 1866, CCC, London, receiving stolen goods and pc, 10 years; family – wife Jessie, 34, Black Lion Tavern, Hammersmith, London; 5’5” tall, brown hair, grey eyes, healthy complexion, medium stout build. Behaviour in jail in England “very good”. Notation: Specially recommended by Surgeon Superintendent for Good conduct on Voyage”. OTHER: 1872, 11 March: Stealing meat from master – 6 months’ hard labour, Perth. Three fines for being drunk and out after hours (Western Australia, Australia, Convict Records, 1846-1930; Convict Department; Convict Dept Registers, General Registers for Nos 9599-100128 cont. (R16)). --00--

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Dianne Jones on 15th October 2023

EMBARKATION FOR WA: 1867, 8 October: Philip Hustwaite was sent from Portland jail to board the Hougoumont for transportation to WA. “The hired convict ship Hougoumont, which has been taken up, by the Government for the conveyance of a numerous party of convicts to Freemantle, Western Australia, left the Nore on October 1, and proceeded down Channel, after receiving on board 150 convicts from the establishments at Chatham and Millbank. The convicts from the Chatham establishment, at St. Mary's, embarked from the dockyard on board the paddle-wheel steamer Adder, Mr. W. J. Blakely, and were in charge of a numerous party of convict guards and wardens, all heavily armed. Among the convicts shipped were a party of fifteen Fenians, who were engaged in the late conspiracy in Ireland, together with the officers and crew convicted of scuttling the ship Severn [only two were on the Hougoumont – Thomas Berwick and Lionel Holdsworth, each sentenced to 20 years for fraud], and some others who have achieved notoriety from their crimes. The Fenian convicts, like the remainder of the prisoners, were chained together in gangs, but it was observed that they were kept apart from the other convicts in a portion of the vessel by themselves. The steamer Petrel also took down a number of convicts from the establishment at Millbank, for shipment on board the Hougoumont, in charge of a strong escort and convict guard. On Tuesday, October 8th, the Hougoumont arrived in Portland roads. Shortly before midday ninety convicts were marched down to the Government pier at Portland under a strong escort of the 12th Light Infantry. The party included twenty-three Fenian convicts, among whom it was said, was Moriarty [not the senior Fenian, Captain Moriarty; rather, this was Bartholomew Moriarty, aged 17]. The Government steamer employed in the breakwater service was used for conveying the convicts on board the Hougoumont transport ship. The convicts were chained together on embarking, and on board the steamer a strong guard of marines from her Majesty's ship St. George was formed, and saw the convicts safely placed on board the Hougoumont. The Governor of the penal settlement at Freemantle, Captain Young, is on board the Hougoumont, and returns in that ship to his sphere of duty after paying a visit to his native land.” (Sydney Morning Herald, 19 Dec 1867, p4, at https://trove.nla.gov.au/newspaper/article/28608271). --00--

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Dianne Jones on 15th October 2023

1867, 22 February: He was sent to Portland jail, Grove Road, Portland, Dorset; inmate #6005. Portland, Portsmouth, Chatham and Spike Island in Ireland were listed public works stations and the second stage in the penal process. After separate confinement, prisoners were “placed on work parties at various locations, most commonly naval stations, where maintenance of facilities was vital for the effective protection of Britain’s far flung commercial and military influences around the world. While there, attitude and behaviour were monitored closely. In theory, only after consistently positive reports was a prisoner moved on to the third stage of his incarceration—transportation.” (Edgar, p40) --00--

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Dianne Jones on 15th October 2023

1866, 10 May: Listed as PHILIP HURSTWAITE, admitted to Pentonville prison, Caledonian Road, north London; inmate #3721; 35 years old; married, one child; butcher, semiliterate; feloniously receiving stolen goods after prev conv, 10 years (UK, Criminal Records, 1780-1871 for Philip Hurstwaite; Prison Registers and Statistical Returns; 1864-1871; HO 24/18; and UK, Prison Commission Records, 1770-1951 for Philip Hurstwaite; Pentonville Prison; Register of Prisoners; 1866-1869 ). --00--

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Dianne Jones on 15th October 2023

JAILS: 1866, 28 March: Held at Newgate prison pending his trial; listed as PHILIP HURSTWAITE, 35, butcher, reads and writes imperfectly; committed by Edward Yardley, Esq., Marylebone, for “stealing 2 bullocks, the property of Robert Dudley”, and “for feloniously receiving 7 sheep, the property of Ricard Coles, well-knowing the same to have been stolen”. Tried before Mr Kerr and found “guilty of feloniously receiving stolen goods, having been previously convicted of felony”; 10 years’ penal servitude . Description: 5’5”, brown hair, grey eyes. Behaviour in Newgate “good” (UK, After-Trial Calendar of Prisoners, 1855-1931; 1866; and UK, Prison Commission Records, 1770-1951 for Philip Hurstwaite; Newgate Prison; Registers of Prisoners; 1863). “After a sentence of transportation was handed down, the prisoner entered into a separate stage where he was placed into an individual cell, isolated from others, apart from brief periods of exercise and attendance at chapel. However, no communication of any kind with other prisoners was permitted at any time. The philosophy behind this penal methodology had its provenances in the religious, monastic traditions; i.e., that in the isolation of his cell the malefactor would be able to contemplate the errors of his way, unadulterated by the negative influences of former contemporaries, and be reformed.” (Edgar, 2018, pp39-40) When first put into practice, the mandated period of separate confinement was 18 months. By the late 1840s, authorities had conceded that such conditions of imprisonment were “injurious to many prisoners’ mental health” and the stint was reduced to 12 months. Periods of separate confinement were reduced further “as a prisoner displayed good behaviour tendencies” (Edgar, p40). Pentonville, Millbank, Wakefield and Mountjoy in Ireland were the “Probation” or “Separate” prisons, as were some local jails. --0--

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Dianne Jones on 15th October 2023

TRANSCRIPT OF HIS TRIAL: CASE #366. EDWARD PHILLIPS (64), Stealing 7 sheep, the property of Richard Coles; and PHILLIP HUSTWAITE (35), Feloniously receiving the same. MR. LE BRETON conducted the Prosecution. MR. RIBTON defended Hustwaite. RICHARD COLES. I am a butcher, of Victoria-terrace—on Monday, 4th December, I had 40 sheep, Southdowns, in a field at the back of the Adelaide-road—I saw them safe about 4 o'clock that afternoon—I went to look at them again in the morning, and missed 7—they were marked—they were very good sheep—they are called toppers—they cost 68s. each. Phillips. Q. Were all your sheep Southdowns? A. They were all wethers—there were a few cross-breeds—there has been a road cut through the field—it is not enclosed—there are two entrances—there is no gate—there is no fence round the field—I am not confident there were no ewes among them—there might have been a cross-bred among those I lost. MR. LE BRETON . Q. If they were not actually Southdowns, were they of a Southdown breed? A. yes—7 or 8 of them cost 72s. each—there was no means of keeping them from straying—I kept a boy to look after them—they were marked in my private mark with red ochre. GEORGE ISAACS. I am a cattle driver, of 28, Saul-street, Lisson-grove—on Monday, 4th December, about 5 or a little after, I was near the Eaton tavern, Adelaide-road, and met Phillips driving 7 or 8 good Southdown sheep towards Hampstead-road. Phillips. Q. Have you driven for Mr. Coles? A. I have—I did not notice the marks on the sheep. JOHN CROSS. I live at 27, Devonshire-place, Lisson-grove—a little after 5 on a Monday I saw the prisoner driving Down sheep in the Adelaide-road, going towards Kentish-town—that was about a fortnight or three weeks before Christmas. Phillips. Q. When was the first time you saw me? A. On Monday, 4th December, with these sheep—I was going towards Portland-town—I hallooed to you to turn them round—I turned mine round a corner to the right—I cannot say how wide the road was—you were on my near side—I came from Lisson-grove—I never saw you before—I recognised you when I saw you again—I do not know that it was 4th December, but it was about a fortnight or three weeks before Christmas—I saw the sheep about two minutes—it did not rain. MR. LE BRETON. Q. Was it a wide road? A. It was a narrowish road—while I was stopping with my sheep I had an opportunity of seeing him—I have not the least doubt he is the man—I distinguished my sheep from his, as his were marked round the near side of the rump with red ochre—there are gas lights in that road. COURT to R. COLES. Q. What was the mark on your sheep? A. I always mark them this way, on the near shoulder and the off rump. HENRY WETLT KNIGHT. I am a butcher, of Poplar. I know Hustwaite—I remember going to his shop on 29th November—he told me he was going to have some sheep "on the cross" on Thursday night—he said they would have to come up on Thursday night or Monday night, that being market night—he said they would be Downs—I did not go to his shop on the Thursday—on the following Tuesday morning, 5th December, he came into my shop, and said, "Halloo, you have not been to market this morning"—I said, "No, I have not"—he said, "Those things came last night, and I have sold them all out; I have taken them to Newgate market, and have brought two back in my cart for you"—he said he had looked about Newgate market for my cart, and could not find it, and came back to Whitechapel, and could not find my cart there, and that they were hanging in his shop at home, and I might have them at my own price—he asked me if he should fetch them round, as he wanted them out of the way. I told him not to do that—after this conversation I communicated with an inspector of police—on the Thursday after that I saw Hustwaite in a beer-house, and he said, "You did not come round on Tuesday to look at those sheep"—I said, "No, I did not"—there was a leg of mutton hanging up in the bar—he said, "That was one of them; aint they toppers?—a man came in and spoke to him—he was not there when I went in—I said, "Who is that?"—he said, "That is the man who took the skins away"—he said he had sent them down to Lincolnshire, and had paid 28s.—I said, "That is a lot of money"—he said, "That is no matter, for they are all profit; they are the b—things which tell the tale"—he said the sheep were clean gone in the morning, by 5 o'clock there was not such a thing as a piece of running gut or a gaul—I have seen the man since who came into the shop—I think he was called by the name of Jem (James Hessie was called into Court)—that is him. Cross-examined. Q. How long have you known Hustwaite. A. I think in August last—I have seen him about for some few years—he is a butcher—he succeeded me in the business—he bought it of me—I complained about the name remaining up after—he did not say it was part of the agreement—he gave me 30l. [30 pounds] for the business—there was a written paper about it—I have not got it here—I never had any quarrel with him—I think the answer I made before was that the prisoner wanted to have a quarrel with me, but I would not have one with him—he began to blackguard me in Newgate market—I have not said to anybody that I would have him out of it if I could, or anything to that effect—I mean to say he used the words "on the cross"—if did not come into my memory to say so before the Magistrate—it is not the first time I have thought of it—the landlord of the beer-house was in front of his bar when this conversation took place—I do not know that he heard him—I cautioned him for speaking so loud—this is the first time I have said that—he came into the public-house, and openly spoke of it before the landlord, and I felt it necessary to caution him. MR. LE BRETON. Q. Did the landlord make any remark to Hustwaite when you said, "Don't talk so loud." A. No, not to my memory—the man was in conversation with him during the time he was drinking—the meaning I attach to these words "on the cross" is that he was going to steal them. JAMES HESSIE. I am a butcher, at 29, Caledonian-street, Caledonian-road—on Monday, 4th December, I first saw Hustwaite in the market—he asked me if I would go and help him to kill some sheep—I said I would, and went to Poplar—both prisoners were there—I cannot say how many sheep there were—I had to kill seven—they were Down sheep, marked with red ochre down the shoulder and loin—I took the skins to Sleeper in Lancashire to sell them, by Hustwaite's directions—they were sold for 7s. each—the cost of taking them down there was something over 32s.—sheep skins can be sold in London. Phillips. Q. What is your name? A. James Hessie—I used to live at 20, Gower-place—I have been convicted of sheep-stealing under the name of James Hitterchey—I come from Lincolnshire—I saw you in Hustwaite's shop—I saw Hustwaite at the market that day—I was not particularly in company with any man—I do not know the sign of the public-house at this end of the market—I do not know that I committed a felony in that house that very morning—I was subpoenaed here—I was not afraid of coming into this Court. Cross-examined by MR. RIBTON. Q. Have you been examined before? A. No—my punishment for sheep-stealing in Lincolnshire was three years—I served two years and a half—I was never convicted before that—it was not for sheep-stealing, it was for buying stolen sheep in the market—I swear that was the only time I have been convicted—when I came out of prison I came up to London, and have been about the markets—whenever I get a job to do I do it—I did not tell them I had been convicted—I have known Hustwaite eight or ten years—I have known the other for some time—there was a dozen or fourteen sheep at Hustwaite's. MR. LE BRETON. Q. You say your real name is James Hitterchey? A. That was the name in which I was convicted—I have gone by the name of James Hessie for some time—I am called in the markets by the name of Jem. Phillips. Q. Why did you not give your evidence at the police-court? A. I was not asked—I was never guilty of sheep-stealing since you have been in confinement, nor did I beat the police and get away—I have not been sheep-stealing within the last three weeks or a month at Highgate. COURT. Q. You went up to kill these sheep, when did you get there? A. Thursday morning, about 7 o'clock—I assisted him in killing seven sheep—we were about two hours killing them—it was over about 9 o'clock—I went to Lincolnshire on the following Monday morning—I got seven skins at Hustwaite's a little before 6, and went by the quarter to 8 train, I believe—I sold them at Sleeper—I don't know the man's name—there were only 14 in the place, and only 7 killed—they were very good sheep, what we call black-faced Downs—they were all marked alike, with red ochre—there was no letter, but in the form of two curves, one from the neck down the shoulder, and the other from the top of the ham down to the thigh on the opposite side—if it was the near shoulder it would be the off thigh—I came from Sleeper the same night—I got money to go to Sleeper—I do not know the amount—I believe the fares were 16s. 3d. each way—the skins made 49s., and the fare was about 32s. or 32s. 6d.—I handed him the balance. JOHN MICKLEJOHN (Policeman, V 42). I took Phillips on 27th February—I said, "I shall charge you with stealing seven sheep, the property of Mr. Coles, on 4th December last"—I took the other, Hustwaite, next morning—I said, "I shall charge you with receiving the seven sheep from Phillips, which were stolen from Mr. Coles"—he said he knew nothing whatever of them—he knew nothing about Phillips at all—he said, at the Stepney railway station, when he was walking up and down, "The b—sheep are dead, and won't come to life again, and who can identify them"—I saw him again at the Portland-town police-station—he then said he had seen Phillips, and that was all. Cross-examined by MR. RIBTON. Q. Did he not say, "I have seen him before, but that is all I know of him." A. He said, "I have seen him before, but that is all"—I never heard that there was a reward offered—the police had information shortly after they were stolen—we have police information and orders published for the information of the police only—that is the way in which it was brought to my notice. MR. LE BRETON . Q. Were you also informed of it by somebody? A. I made some inquiries—I was in communication with Knight. THOMAS WARREN . I live at 7, James-terrace, Poplar—I was a sheep-marker—I was employed by Hustwaite on Saturday night and Sunday morning—I left the beginning of October—I have seen Phillips twice at Hustwaite's shop, talking to him. Phillips. Q. When did you first see me. A. On a Saturday night, in September, after 12 o'clock—I saw you come there—I stood just inside the door—you wore cloth clothes. Phillip's Defence. Mr. Cole said he did not know whether they were Downs or crossbreds—he knows his sheep are mixed, and he does not know which he lost. He leaves his sheep alongside of a country road, without any enclosure or anything to take care of them but a boy. If he left a boy with them he must have seen the sheep taken. The sheep might go where they thought fit. Isaacs is acquainted with Mr. Coles. He said before the Magistrates he caught the sheep and separated them from the drove, now he says he saw no marks on these sheep; he is the man who must have known these sheep, John Cross never came to recognize me till three months after the sheep were stolen. He never came to recognise me at the police-station, and when he gave his second evidence he did not know the day of the week or the day of the month that he saw me driving them, it was put into his mouth. I called the policeman and the prosecutor to order, and they got turned out of Court. One of the witnesses was driving on his near side of the road, and he told me to keep on mine. Adelaide-road is at least, by the wide turning on Primrose-hill, 30 yards wide, and if he and I were both driving on our near sides what opportunity had he of taking such particular notice of the marks on these sheep? I was brought here on another concern. I am innocent. I know nothing about driving sheep—Hitterchey, who is a returned convict, knows all about it. It is through a case that was tried here two sessions ago that I am brought here. PHILLIPS— GUILTY. HUSTWAITE— GUILTY.—They were both charged with having been before convicted; to which they PLEADED GUILTY.— Ten Years' each in Penal Servitude.—There was another indictment against Hustwaite (https://www.oldbaileyonline.org/). --00--

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Dianne Jones on 15th October 2023

PHILLIP HUSTWAITE / HURSTWAITE TRIAL: 1866, 9 April: Convicted at the Old Bailey and sentenced to 10 years’ penal servitude for receiving stolen goods (seven sheep). --0--