Daniel Marsh

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Dianne Jones on 13th November 2023

IN WA: 1868, 10 January: On arrival, DANIEL MARSH was listed as convict #9820, 24 [when convicted], horsenail maker; married, no children; illiterate, Protestant; convicted for manslaughter – 15 years PS; family – wife Sarah, Hill Lane, Belper, Derbyshire; behaviour in jail in England “good”. Previous convictions – once summarily for an assault; 5’7¼” tall, light brown hair, grey eyes, round visage, fair complexion, strong appearance; marks – house, 2 trees, a dog on right arm, small scar under lower lip (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers, General Register for Nos 9599-10128 cont. (R16)). --0--

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Dianne Jones on 13th November 2023

1867, 28 September: He was sent from Pentonville to Millbank Prison, Westminster, London, for embarkation on the Hougoumont for WA. --0-- 1867, 30 September: Daniel Marsh, inmate #3842, was sent from Millbank to board the ship (UK, Prison Commission Records, 1770-1951; Millbank Prison; Register of Prisoners; 1867-1868). “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 13th November 2023

1867, 8 January: Admitted to Pentonville Prison, Caledonian Road, London; inmate #4181; sentenced at Derby to 15 years’ PS (UK, Prison Commission Records, 1770-1951 for Daniel Marsh; Pentonville Prison; Register of Prisoners; 1866-1869). “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 13th November 2023

JAILS: 1866/67: Held at Derby, most likely in the Derby County Gaol and House of Correction, in Vernon Street, Derby (https://www.prisonhistory.org/prison/derby-county-and-borough-gaol-and-house-of-correction/). --0--

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Dianne Jones on 13th November 2023

NEWSPAPER REPORT OF TRIAL: 1866, 14 December: London Evening Standard, p6: “WINTER ASSIZES. MIDLAND CIRCUIT. Derby, Dec. 13. (Before Mr. Baron Channell.) THE BELPER MURDER. Daniel Marsh, aged 26, nailer, was charged with killing and slaying Alfred Gibson, on the 22d October last, at Belper; also with wilfully and of malice aforethought killing and murdering Alfred Gibson on the 21st October last, at Duffield. Mr. Mellor, with whom was Mr. Horace Smith, appeared for the prosecution; Mr. Buzzard, instructed by Mr. Borough, for the defence. Prisoner pleaded not guilty. On the application of Mr. Buzzard, the witnesses on both sides were ordered out of court. Mr. Mellor opened tbe case with some preliminary observations upon the distinctions drawn between the crimes of murder and manslaughter, and proceeded to give the history of the case, which has been twice placed before our readers. He said that the medical testimony would be that the gun must have heen held a foot or eighteen inches from the body, the wound being a roundish one, but the shots were somewhat scattered in the body. The question to be considered was, whether the prisoner had the intention of causing the death of Gibson, whether the death was an accident, or whether sufficient provocation had been received by the prisoner to reduce his offence to manslaughter. Now, a woman seeing the prisoner with the gun pointed, came up and threw her arms round him, and said ‘Don’t’, thereby, proving that she had a fear of his intention. The gun, which would be produced, would be shown to have a stiff lock — one which would not go off on half-cock — and it would therefore, be the inference that it was discharged by the act of the prisoner. The jury would observe that strong provocation indeed must be necessary to induce them to say that a man could thus take away the life of a human being. After a long trial prisoner was found Guilty of Manslaughter, and was sentenced to fifteen years’ penal servitude.” (https://www.britishnewspaperarchive.co.uk/viewer/bl/0000183/18661214/048/0006) --0--

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Dianne Jones on 13th November 2023

TRIAL: 1866, 10 December: Daniel Marsh, 23, was tried at Derby Assizes, convicted and sentenced to 15 years’ transportation for manslaughter (UK, Criminal Records, 1780-1871 for Daniel Marsh; Prison Registers and Statistical Returns; 1864-1871; HO 24/18). --0--

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Dianne Jones on 13th November 2023

ALLEGED MURDER: 1866, 22 October: “Murder in Derbyshire.—Yesterday morning Chaple Hollon, Belper, near Derby, was the scene of a most atrocious murder. It appears that old man named Alfred Gibson had been shot dead by a young man who goes the name of Daniel Marsh. The deceased was shot in the bowels. An old woman named Sarah Gaunt was passing the Hollon when the deed took place. She says that deceased, the alleged murderer, and several other men were standing together in the street. As she was nearing them she heard a gun discharged, then saw a blaze. Deceased commenced to stagger, and fell dead at her feet. The prisoner said the deceased wanted to take his gun, and the affair was done in the struggle. The man in custody is a nailor by trade, living in Belper.” (Globe, p1 at https://www.britishnewspaperarchive.co.uk/viewer/bl/0001652/18661022/019/0001) --0--