John Kennedy

341

Maureen Withey on 18th August 2021

APPOINTMENTS. Colonial Secretary's Office, Adelaide, April 26,1848. His Excellency the Lieutenant-Governor has been pleased to appoint Second Turnkey, John Kennedy to be Head Turnkey in her Majesty's Jail, vice Perry, resigned ; and .... Both appointments to take effect from the 1st proximo. By his Excellency's command, A. M. MUNDY, Colonial Secretary. Adelaide Observer, 29 Apr 1848. -------------------------------------------------- CORONER'S INQUEST IN THE GAOL.-There was an inquest in the gaol on the 4th instant, before Charles Bonney, Esq., S.M. and Coroner, on the body of Daniel Langton, a prisoner, then and there lying dead. John Harring Kennedy stated that he was turnkey at the gaol, and knew the deceased, who was under sentence of six months' imprisonment from the Supreme Court, for larceny, the last 28 days to be in solitary confinement. He was not in good health when admitted to the gaol; but did not complain until the 18th August, when the Colonial Surgeon exempted him from the treadmill, he having been sentenced to hard labour, but had not been put to it. He continued under the treatment of the Colonial Surgeon, and was supplied with wine, sago, and other comforts; his death took place at 4 o'clock that morning (the 4th). He witness, was with him when he died. He had during his illness stated that he was 61 years of age. The Colonial Surgeon stated that the deceased died of pulmonary consumption, under which he was labouring prior to his imprisonment. Every necessary attendance was supplied to him during his confinement. The Jury returned a verdict of "Natural death " Adelaide Observer, 7 Dec 1850. -------------------------------------------------- Mr. John Kennedy, to be Head Turnkey in the Gaol Department—the Lieutenant-Governor having permitted him to withdraw his resignation, as notified in the Government, Gazette of the 12 th ultimo. Adelaide Observer, 6 Mar 1852.

341

Maureen Withey on 18th August 2021

Marriage Permissions 1840 John Kennedy, E. St Vincent, and Mary Herring, America. Dates, 2 Dec and 9 Dec. Yes.

341

Maureen Withey on 18th August 2021

100 YEARS AFTER, Thief’s Fortune Left to Descendant of Victim. In a few weeks' time, John Herring Kennedy, a convict, of London, sentenced at the Old Bailey in the year 1824 to deportation to Australia, will have 'made good.' His soul will rest in peace when a cheque for £5000 reaches the great grand son of Mary Hathaway, wife of his former employer, from whom the convict stole £62. This amazing drama of a man's conscience was revealed in the law courts of Adelaide, Australia, when a case showed how the convict sentenced more than 100 years ago for embezzlement planned to make restitution. In his will, Kennedy had stipulated that, if his daughter died without issue, half the Kennedy estate should go to Mary Hathaway, wife of the man Kennedy robbed of £62. When the court was asked to pronounce on the validity of Kennedy's will, the Judge decided that the descendants of Mary Hathaway were entitled to share in the estate. The Australian Worker, 8 Mar 1933. --------------------------------------------------- THE story on an Adelaide Gaol turnkey whose estate had grown from £1,000 to £10,000 since 1870, and which possessed remarkable features, came before the Civil Court today. It was stated in court that John Herring Kennedy was deported from England to Australia for having embezzled an employer's money and that while employed at Adelaide Gaol he was dismissed for having used the prisoners' rations. It was also said that Kennedy revealed a plan under which three bushrangers named Curran, Hughes, and Fox had schemed to escape. Two of these men, were subsequently executed. When Kennedy died, it was stated in court, his will left half the estate to the wife of his former employer in England, in order to make amends for his embezzlement. His Honor found that the descendants of Mary Hathway, to whom the testator left half his estate in the event of his daughter dying without issue, were entitled to divide the estate between them. Before Mr. Justice Angus Parsons, directions were sought respecting the estate left under the will of John Herring Kennedy, who died at Royston Farm, near Golden Grove, on July 21, 1870. The estate was valued at £1,000 at the time of the testator's death, but its valuation about four years ago was set down at more than £ 10,000. Recorder, 17 Sep 1932 ---------------------------------------------------- Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 18 August 2021), September 1824, trial of JOHN KENNEDY (t18240916-208). JOHN KENNEDY, Theft > embezzlement, 16th September 1824. Before Mr. Recorder. 1448. JOHN KENNEDY was indicted for embezzlement . JOHN THOMAS HATHAWAY . I am a manufacturer of Ostrich feathers - I live in Harey-street, Old-street; the prisoner was in my employ about three years. I entrusted him to receive money for me. I had a customer of the name of Mariner, who lived in Great Surry-street, Blackfriars; he was indebted to me 37 l. 3 s. 6 d. in the month of January last, for which the prisoner never accounted to me; it was his duty to account to me for what he received from day to day, immediately that he returned; he left me one Thursday in the latter end of March. I never saw him again till Wednesday fortnight - he was in my debt when he left. CHRISTOPHER MARINER . I am a linen-draper. In the month of July last, I paid the prisoner 37 l. 3 s. 6 d. for Mr. Hathaway - here is his receipt for it. I am certain I paid him some sovereigns, but I cannot tell whether I paid him any notes or not. I have paid him several sums of money. I cannot say whether I saw him write the receipt or not. Prisoner's Defence. I lost 40 l. from my side pocket, and thinking to overcome my loss, I sold goods for less than I ought to do, and intended to make it known to Mr. Hathaway, but he sent for an officer. GUILTY . Aged 19. Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 18 August 2021), September 1824, trial of JOHN KENNEDY (t18240916-209). JOHN KENNEDY, Theft > embezzlement, 16th September 1824. 1449. JOHN KENNEDY was again indicted for a like offence . JOHN THOMAS HATHAWAY . The prisoner never accounted for 25 l. 4 s. which he received from Mr. Mariner, on the 25th of February last. CHRISTOPHER MARRINER . On the 25th of February last, I paid the prisoner 25 l. 4 s., partly in sovereigns - here is his bill and receipt, he wrote it and delivered it with his own hands. GUILTY. Aged 19. Transported for Fourteen Years . ---------------------------------------------------- Tasmanian Convict Condut Record. https://stors.tas.gov.au/CON31-1-27$init=CON31-1-27p30 No 202. John Kennedy, Earl St Vincent, Tried 16 Sep 1824, 14 years. Transported for Embezzlement, Gaol Report, very well behaved, conscious respectable. Hull Report, Good, single. Stated this offence, Embezzling goods and money. N.P (native place) City Road, London. Single, protestant. Feb 5 1829. Commd. For trial for stealing 40 yards of silk and other property of Jno. ? Esq. Jan 2 1830. Insolence 7 disrespectful to his mistress. ? Months Chain Gang N Norfolk. Conditional Pardon, No 1079 10 Oct 183? The remaining part of his sentence of transportation remitted & is allowed to proceed to Australia in the service of Mr Ansley Junr. Vide Memo Pricl Supt. 24 Jan 1838. ------------------------------------------------------ https://trove.nla.gov.au/newspaper/article/34702157?searchTerm=John Herring Kennedy