Summary
Personal Information
Crime
Transportation
James Lithgow was transported on the Nile, departing 18th Sep 1857 and arriving 1st Jan 1858 with 271 passengers.
Nile (generic)References
| Primary Source | Australian Joint Copying Project. Microfilm Roll 93, Class and Piece Number HO11/18, Page Number 253 (128). https://crimeanwar-veteranswa.com/wp-content/uploads/2015/09/Nile-1858-Register-HO11-18-128.jpg |
| 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 Pro |
| Original Source | Great Britain. Home Office |
| Compiled By | State Library of Queensland |
| Database Source | British convict transportation registers 1787-1867 database |
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Convict Notes
POSTSCRIPT: "'Foul and unforgivable' A collaborative story by Glenn Fisher, Crimean War Research Society Chairman (2020), and Diane Oldman, of a deserter to the Russians (https://crimeanwar-veteranswa.com/stories/foul-and-unforgivable/). James Lithgow was born in Liverpool, Lancashire in February 1832, son of James and Isabella, baptised in the parish of St Peters (as Lythgoe) on 19th June 1832. At the time the family were living at Parry Street, Toxteth Park, Liverpool. James had at least three siblings: John, David and Alice. Lithgow had a brush with the law before joining the Army when charged at the South Lancashire Spring Assizes with cutting and stabbing Alice Jones with intent to do grievous bodily harm. The offence apparently originated in a family quarrel. ‘Alice’ is almost certainly Lithgow’s younger sister who, as a minor, married Henry Jones in Liverpool in June 1846. The incident occurred in early 1851 and Lithgow was sentenced to nine months' imprisonment. He is recorded in the 1851 census in the Kirkdale House of Correction, occupation sawyer. James Lithgow had a short and eventful military career which, despite its brevity, had a profound effect on his life. He enlisted into the 14th Regiment of Foot at Shrewsbury on 13th May 1853. His details were recorded. He was 5 ft. 9 ins. tall, 21 years and 3 months of age and received a bounty of three pounds and ten shillings. There is a note in the 1st Muster column next to his name in form 8 (Recruits) of the muster book. The note presages what was to characterise his career as a soldier; it reads ‘Forfeited 2 days pay. Cells 7 days’. When Lithgow enlisted the regiment was at Limerick. He was on the pay lists from 7th June 1853 with a regimental number of 3125 and as soon as he joined them he appears to have fallen foul of military law and discipline. The following month he is recorded as forfeiting two days’ pay and being in the Guard room for 12 days from 11th to 22nd September and in the District Military Prison from 23rd to 30th September. The following quarter sees him forfeiting another day’s pay, serving a further seven days in the cells and then being confined in the District Military Prison for 50 days from 1st October to 19th November 1853. These confinements were presumably all related to his District Court Martial on 17th September 1853 for ‘Drunk, escaping, damaging cells’ for which he was sentenced to 84 days with hard labour and stoppages. Clearly Lithgow’s start with the 14th Regiment of Foot was not a happy one. At the beginning of 1854 Lithgow appears to have kept out of trouble. There is nothing in the records next to his name except his location. From January to March he was at Clare Castle. When war with Russia was declared a large number of men were given the opportunity of transferring from the 14th Regiment to the 47th Regiment on its way to the East. Lithgow was one of them . He was on the strength of the 14th until 20th May and then onto the pay lists of the 47th from 21st May . The place where he became ‘non-effective’ with the 14th Regiment was recorded as Malta. The other detail related to him was that his trade on enlistment was again ‘sawyer’. With his new regiment he acquired a new regimental number: 3244. But it is clear that his poor regard for the rules and regulations continued in the old way. Whilst the regiment was at Scutari and Varna Lithgow was ‘Absent without Leave’ on the 4th and 5th June 1854. When the Army was at Varna there are no details recorded in the quarter July to September. The medal roll for the 47th Regiment shows that Lithgow was present at the Battle of the Alma on 20th September and Inkerman on 5th November 1854. The regiment was part of the 2nd Brigade (Adams), 2nd Division (De Lacy Evans). The next quarter, from October to December went badly wrong for Lithgow. He was tried by Court Martial for being ‘Drunk and Disorderly’ on 6th October 1854 and sentenced to 50 lashes. 3143 Private William Dwyer of the same regiment was also convicted of being ‘Drunk on Picquet’ and received the same punishment. Both were prisoners in the Guard House from 2nd to 7th October. Lithgow was back in the Guard Room again on 21st November and tried again by Court Martial on 29th November for ‘Disgraceful Conduct’. He was sentenced to 50 lashes again but this time 25 lashes were remitted and he was to forfeit all his allowances. Between these two dates Lithgow had been present at the Battle of Inkerman and had survived. On 11th December 1854 Lithgow deserted along with 3143 William Dwyer, 2752 Robert Crawshaw and 3125 David Wiltshire. All, except Wiltshire, had been confined in the Guard House from 2nd to 6th October and that is perhaps where their plan to desert was hatched. Desertion was a fact of life in the Army. The pages of the muster books have forms that are specifically designed to monitor the loss and return or capture of deserters. Desertion on campaign though was a more serious offence and desertion to the enemy a foul and unforgivable crime. Sergeant George Newman of the 23rd Royal Welsh Fusiliers was captured at Inkerman on 5th November 1854. His recollections were published in the 20th century under the title ‘Prisoner of the Voronesh’. Newman describes some of the deserters in his writing. Of Lithgow he wrote: ‘ We had many deserters arrive now and there was one among them of the name of Lithcoe (sic), a regular scamp. He was a great bully and the men did not have anything to do with him, for he was a large and powerful man. He was a tremendous thief. Nothing was safe from him. He often stole the poor fellows’ bits of clothing and was sure to make off with any sheepskins that were put outside to air unless there was a good watch put on them. He was flogged once or twice, but it did not stop him and, at last, he was given over to the Russian Police for robbing a man of my regiment of a pair of wellington boots and some sheepskin coats of other people’s. I think he was the most foul-mouthed man I ever heard, and I was glad when a resolution was passed in our room not to allow him in, and we never left our room without two or three to watch it and the contents’. From Newman’s account and from Farquharson (4th Light Dragoons), who was also a prisoner, the deserters were despised by the British Prisoners of War and their Russian captors. When the time came to repatriate the prisoners in an exchange in 1855, the Russian authorities provided a list of some 61 names of British soldiers and sailors who had remained in Veronesh as deserters. Lithgow’s name and regiment were on the list. William Dwyer is also listed. There is a ‘Robert Crozier’ of the 47th also listed but this is most likely an alias used by Robert Crawshaw. There is no ‘Robert Crozier’ in the regimental muster lists. Lithgow reappears in the records having been tried by Court Martial on 7th May 1856 for ‘desertion to the enemy’ and was sentenced to transportation for life. He was handed over to the civil authorities for the execution of the sentence. His name appears in the register of convicts for Chatham Convict Prison for the September quarter 1857. He is number 963, his behaviour is described as ‘very good’ and in the remarks column it states ‘Australia per Nile 4 Sept. ‘57’... [In WA]... Lithgow was a frequent ‘media star’ as he continued his wayward activies: charged with breaching his ticket of leave conditions on more than one occasion; a victim of assault while drunk; stealing cash and rations; drunkenness; breach of contract; and finally as a witness for a supervisor charged with neglect at an old people’s institution. Lithgow was an orderly at Mt. Eliza Depot, an institution in late 19th century Perth for destitute men. In 1906 Claremont Old Men’s Home was built to replace it and Lithgow more than likely made the transition from working to retirement in one or other of the old men’s homes. Around this time, HM Indian Government offered pensions to survivors of the Indian Mutiny who were in old people’s homes and asylums in the care of the WA Colonial Government. How and why this ultimately included collecting details of veterans of not only the Indian Mutiny but the Crimean, Maori, China, Egypt and even Boer wars is a mystery. James Lithgow’s name appeared on the ‘little list’. As can be seen by Lithgow’s entry, the destitute old men were not required to be accurate in their reporting! [See the record at https://crimeanwar-veteranswa.com/wp-content/uploads/2020/04/Lithgow-Claremont-List-SRO-Cons-752-9.jpg] Lithgow died in the Claremont Home on 15th November 1909 of heart disease aged 77, and was buried in Karrakatta Cemetery. According to his death certificate he never married nor had children."
DEATH: Death date and place -- 15 Nov 1909 Old Men’s Home, Claremont, Western Australia. Cause of Death: heart disease. Burial date and place -- November 1909 Karrakatta Cemetery, Western Australia; Anglican, Section CC, Gravesite 0139 (https://crimeanwar-veteranswa.com/). --00--
From his Fremantle jail record: LITHGOW, James; #4641, arrived 1 Jan 1858 per Nile Alias: LITHGOE Date of Birth: 1831 Marital Status: Unmarried Occupation: Sawyer Literacy: Semiliterate Sentence Place: Sebastapol Crime: Desertion Sentence Period: Life Ticket of Leave Date: 23 Jul 1859 Conditional Pardon Date: 7 Jun 1873 (https://fremantleprison.com.au/).
BREACH OF CONTRACT: From The Western Australian Times, 27 Oct 1874, p3 -- Perth Police Court "24 October, 1874: JAMES LITHGOW, a sawyer, was brought up on a warrant obtained by Mr. David A. Gray of this city, builder and contractor, for breach of contract; and with unlawfully obtaining from him cash and rations to the amount of £16 odd. Mr. Gray stated that he did not wish to press the charge too much, although the prisoner bad behaved very bad cutting timber under the license he had paid for, and selling the timber which he had sawn to other parties, but which was in fact his (the complainant's). In order to give both parties an opportunity of settling the matter out of court, his worship remanded the further hearing of the case for 8 days, informing the prisoner at the same time, he was liable to 8 months' imprisonment if proved guilty." (https://trove.nla.gov.au/newspaper/article/2973258) --00--
FIGHTING ON A SUNDAY: From The Inquirer and Commercial News, 4 Sep 1867, p3 -- Perth Police Court August 26, 1867.— John Adolph. t.l.[Ticket of Leave], was charged by Sub-Inspector Campbell with fighting on Sunday and keeping a disorderly house. The prisoner called John Ward, a free man, who stated that he had been 5 years in the service of Mr. Ranford, tanner; that he had called on Adolph on Sunday, he being a fellmonger by trade, and he wanted to have a talk with him; that in the afternoon they went into Charles Darby's house, next door, where a little girl, aged about 7, put a cat upon Adolph's back, who thereupon boxed her ears. This raised the ire of one James Lithgow, who was present, and who struck Adolph. The latter received two blows before he returned them, and then struck again. The two then went out at the back door to fight it out, when Mr. Campbell came up, and they all returned into their houses. Witness said they had nothing to drink at Adolph's, and there was no one there. They did not go to Darby's to see any girl. The police insisted that Adolph was most in fault, but His Worship observed that vague belief was not sufficient to warrant him in punishing. He therefore ordered Adolph to quit his present abode - and leave a bad neighbourhood, and to come again before the Court in three days, when he would be sent into depot, if he had not procured a satisfactory engagement. As the fight was forced upon him he would overlook it this time, and punish Lithgow. Adolph said he was selling vegetables, but his master, Turner, would not give him constant employment in his garden; he begged, therefore, to be allowed to go on his own account. His Worship said the present regulations prevented this. James Lithgow, t.l., charged with fighting, as above, and with being disorderly at Charles Darby's house; 1 month's hard labor. William George, c.p., drunk and using obscene language; fined 20s." --00--
WITNESS in the case of Regina v Cameron: 9 July, 1859: Perth Quarter Sessions -- James Lithgow was one of three convict witnesses called by the Crown in its case against John Cameron, who was charged with stealing and selling government timber felled and sawn by convict labour. Cameron, a soldier, was in charge of a convict work party at Chauncey's Spring, also called No. 3 station. James Lithgow was in that work party. For coverage of the trial, see The Perth Gazette at https://trove.nla.gov.au/newspaper/article/2931668, or The Inquirer and Commercial News at https://trove.nla.gov.au/newspaper/article/66009954. The latter's report of the outcome follows: "The Jury, without leaving the box, returned a verdict of Not Guilty, which was received with much applause. His Honor [Mr A McFarland] expressed his concurrence, and told the prisoner he was honourably acquitted. He also said that the convict witnesses for the Crown ought to be prosecuted for perjury." --00--
IN WA: 7 October, 1858: James Lithgoe [sic] petitioned for reconsideration of his sentence. He was refused (Western Australia, Australia, Convict Records, 1846-1930 for James Lithgow; Convict Department; Convict Lists, Memoranda, and Indexes (128/33-37)). --0--
JAIL IN ENGLAND: Some time in late 1856, James Lithgow was received at Millbank prison at Westminster in London. By the 1850s, Millbank and Pentonville were places for all male convicts to serve “their probationary term [of 9 months], after which they would be transported or sent to a public works prison” (https://www.prisonhistory.org). James Lithgow spent 10 months 6 days in separate confinement at Millbank. Next, he was sent to Chatham prison, a public works prison for male convicts east of London, at St Mary’s Island in Kent. From Chatham, most likely in September 1857, he was sent to board the Nile for transportation to WA (https://www.prisonhistory.org). --00--
COURT MARTIAL: 7 May, 1856: James Lithgow, a soldier (previously a sawyer), was tried at Sebastapol, by Court Martial, and sentenced to life for desertion. He was sent to Balaclava, a Crimean seaport south of Sebastapol, where he spent 1 month 14 days in separate confinement (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; Character Book for Nos 4508-5585 (R8)). --00--
BACKGROUND to his Court Martial: According to evidence he would give during an unrelated court case, in 1859 in WA, James Lithgow had been a soldier in the 47th (Lancashire) Regiment of Foot (https://trove.nla.gov.au/newspaper/article/2931668). The 47th was posted to the Ionian Islands in 1850 and to Malta in 1853 before landing at Calamity Bay in September 1854, as part of the 2nd Division, for service in the Crimean War. The regiment took part in the Battle of Alma in September 1854 and the Battle of Inkerman in November 1854, as well as the siege of Sevastopol in winter 1854. The regiment returned to Malta in 1856 and to England in 1857 (https://en.wikipedia.org/wiki/47th_(Lancashire)_Regiment_of_Foot). James Lithgow testified (in 1859) that he was in the Crimea during the whole of the war. "I was taken prisoner by the Russians at Balaklava, after the battle of Inkermann*," Lithgow said. "I was taken to Feronis about 2500 versts** from Sebastopol. I was allowed to go freely about that town; from there I was sent back and exchanged at Odessa, when I went back to my regiment before Sebastopol; this was after peace had been proclaimed," he said. "I was taken into custody and tried by court martial for desertion from the British Army to the Russian service, and transported for life. "I did not break my allegiance. I did not desert. "When I was taken prisoner it was very bad weather, and we had not tents to put our heads in. I was under fire at the Alma [September 1854], Balaklava [October 1854], and Inkermann [November 1854]." -- * The battle of Inkerman was "fought out at close quarters, often with the bayonet, as successive Russian columns emerged from the mist to be engaged by detachments and mixed parties of British Infantry. Eventually the Russians retreated with the loss of some 12,000 men. The Battle of Inkerman, ‘the soldiers’ battle’ as it became known, cost the 47th 19 dead and 47 wounded." (https://www.lancashireinfantrymuseum.org.uk/) ** A verst is a Russian measure of length, about 1.1 km (0.66 mile) (see Wikipedia). --00--