John Scollard

218

Dianne Jones on 16th January 2022

FOOTNOTE: Scollard, John -- #4702, labourer, married, two children, 5'6½", grey hair, grey eyes, long face, sallow complexion, stout build; scar on left leg (http://www.perthdps.com/convicts/conwad21.htm).

218

Dianne Jones on 4th December 2021

From his Fremantle jail record: SCOLLARD, John; #4702, arrived 1 Jan 1858 per Nile Date of Birth: 1822 Marital Status: Married 2 children Occupation: Labourer Literacy: Illiterate Sentence Place: London, London, England Crime: Arson of house Sentence Period: Life Ticket of Leave Date: 23 Mar 1858 Conditional Pardon Date: 24 Dec 1860 (https://fremantleprison.com.au/). --00--

218

Dianne Jones on 4th December 2021

WILLIAM WILKINSON . I am one of the Fire-brigade. I went to this fire in Bermondsey-street, at three o'clock on Monday morning—I went with Henderson to the cellar-flap, it was down—smoke was coming out of the cellar, through a vacant place in the flap—I went down into the cellar directly, by Henderson's directions, and at the further end of the cellar, towards the front shop, I saw a flame about two feet high—it proceeded from about a dozen pieces of board, or bits of wood, placed on the top of each other—it was placed between two uprights, which supported the floor—those uprights were burnt a little at the bottom—I had previously seen the other fire under the staircase—there was no means of one fire being communicated to the other, they were separate and distinct fires—in another part of the cellar I noticed a few old things, some bedding and chairs, some egg-chests, and two or three bits of coal—they were near where the fire was, and seemed to have been burnt—the cellar did not appear to have been used as a coal-cellar—there were no signs of coal except those pieces—the flooring under the stain was charred and burnt, and some old tubs on the shelves in the shop, that was, I should say, nearly three feet from the fire underneath—the fire in the back-parlour was occasioned from the fire in the shop, because the door was open—I saw four half firkins of butter on the right side of the shop, and about 10lbs. or 12lbs. of butter in a half-firkin at the bottom of the stairs in toe cellar—I saw some empty firkins standing upside down. Cross-examined. Q. Should you say that there was water up to your knees in the cellar? A. I should say not above six or eight inches—the cellar was all dark when I first went in—that six or eight inches of water was put in from the engine by me—there was no water in the cellar when I saw the light; I saw none—the Tooley-street engine was there when I got there, but it had not been at work on the cellar—the door leading from the parlour to the shop was a common door, made of wood, I suppose; I do not know whether the upper part of it was glass—the flame had gone all round the sides of the shop, and burnt the tubs on both sides—I did not look under the counter, I believe Henderson did—the sides of the parlour were scorched by the circle of the flames—the stairs abut on the shop—it was three o'clock when I got there—the place was not full of people—the firemen were there belonging to the Tooley-street engine with their branch in the shop—I did not see any people up the yard. MR. PARRY. Q. Had the Tooley-street engine put out the fire in the shop before you came? A. Yes—the same engine extinguished the fire in the cellar—I played it. JOSEPH BISSELL . I am a labourer—I occupied the front-room first-floor over the shop with my wife and two children for three months. On Sunday, 14th Jan., I returned home at ten o'clock—I was awoke between two and three in the morning by the cries of "Fire"—I and my wife and children escaped from the house—I saw them safe, and returned in five or ten minutes—I went into the back-room, where the prisoners slept—there was a policeman at the side-door when I went in—I do not know his name—I asked him to let me go in to alarm the prisoners, fearing they would be suffocated or burnt, so that I might save them—at the time I went in the back-room was full of smoke and fire; the shop and other parts of the house were also on fire—when I got to the room the door was open—I do not know whether it had been broken open then—I went in on my hands and knees, and the policeman held me by the leg—I felt the bedstead and over the bed, to see if I could feel the prisoners—I did not find either of them there—I then came out into the yard—I there saw Tate, the policeman, and John Scollard—he had on his shirt, waistcoat, and trowsers—I did not see William for half an hour or twenty minutes afterwards—that was in the court, at the side-door, near upon three—when I saw John I asked him where his brother was, as I had been feeling for them both and could not find them—he said his brother was somewhere about, but he knew not where. JAMES BALDWIN . I am one of the fire-brigade. I went to these premises between two and three o'clock; that was before Henderson—the fire appeared to be occasioned by some butter-firkins—I cannot say whether they were whole or broken—I went into the back-parlour—the parlour was scorched all round—there was a piece hanging on the right hand, at the end of the dresser all on fire—I put my hand upon it, and it all fell into tinder—I also noticed fire in the front shop—I did not see the cellar. EDWIN PERRYER . I am a fireman. I went to this fire with the Waterloo-road engine, and got there before three o'clock—it was the third engine that arrived—I went into the back-parlour—it was burnt all round—I examined the bed, and found it had not been disturbed or laid upon—the top covering was scorched, and the edge of the pillow was blackened by the smoke, but not scorched—I found three eggs in the window—I looked about to see whether that was all, and found no more—I saw some empty, butter-firkins in the shop—there was not the least trace of butter on the floor—that was before the water bad been let through—I did not see the half-firkins of butter—I knocked the hole to let the water through—I afterwards went into the cellar, and saw there had been a fire—I saw some pieces of wood which had been burnt lying against the upright post, and several pieces of wood, like the staves of butter-firkins, were lying in the cellar surrounded with water. Cross-examined. Q. How did you make the hole? A. With my axe—there was about three inches of water in the shop then—nothing but water went down the hole—if there had been any butter floating at the top I must have seen it; there was not a bit—the water in the cellar was about six inches deep; there was not a bit of butter there. MR. METCALFE. Q. Did you notice whether the water was greasy before you let it through? A. I saw that it was not greasy. ALFRED AYLETT (policeman). About half-past four o'clock I went to the house, and saw John Scollard lay down on the bed without his coat—presently he got up, put on his coat, and lay on the bed again—I then saw him put his arm into a hole in the bed-tick—he then went to the sofa, and put his hand under the pillow—he then went to the back-door, going into the court—I asked what he had in his hand—he said, "Nothing"—I searched his pocket, and found a policy of insurance, a pocket-book, some sovereigns, 6l. 15s. in silver, and a watch. Cross-examined. Q. You first got there about half-past two? A. Yes—there were about twenty people there then—there was water, but they had not got the engines to work—I gave the money and policy to Perryer, the fireman, who was in charge of the house. ELIZA HOARE . I am the wife of John Hoare—we occupied the first-floor back-room of this house, immediately over where the prisoners slept. On the Sunday evening before the fire, about ten o'clock, I smelt a strong smell of smoke, went down and asked if there was anything burning—John Scollard said, "No, Mrs. Hoare, there is nothing burning, it is all right; I am only lighting my fire"—he did not open his door—it is not usual for the parlour-door to be opened—he spoke from the back-parlour—they occupy the back-parlour, shop, and cellar—the cellar has not been used since I have been in the house—I was awoke next morning about four with a cry of "Fire!" and saw William coming up the stairs into the upper room from the street—they were inquiring for Mr. Scollard, and I pointed him out—there are twenty-four lodgers. MARGARET MAHONY . I occupied Scollard's second floor front-room nearly two years—between three and four on the Friday afternoon before the fire, I saw William go down the Vinegar-yard, as if from home, with a basket of eggs; and again about seven o'clock with about three dozen eggs in a basket—the usual time for closing on Sunday morning is just before eleven o'clock—it was closed on this Sunday when I was going to chapel; but if you knock at the door at any time, they will open it—I have seen a clock very much like this one (produced) in the prisoner's room—I saw this box there on the Saturday before the fire. Cross-examined. Q. Which kept the shop? A. I think it was John—he usually attended to the business—I think "A. Scollard" was over the door, the sister's name—William collected the eggs, and used to go to the wharf to buy butter. JOHN MAHONY . I am husband of the last witness. On the Saturday evening, about half past seven o'clock, I was at the corner of Sugar Loaf-court—William Scollard drew a truck to the door, fetched two firkins of butter out of the shop, and put them into it, and went with them towards Snow's-fields—John was in the shop—next morning I wanted to go into the yard, I went down to their back-room to open the door, but it was bolted; that was not usual—I kicked, and in three or four minutes John came to the door, and I said, "It is a very queer thing you should shut the door on Sunday; that there was many a man in the house wanted to go into the yard"—he said, "There was a great many women about making a mess about the place"—about half-past nine or ten I found the door latched again—I unlatched it—it used to be latched, but not bolted. Cross-examined. Q. Were the tubs you saw carried away openly? A. No, I never saw an empty firkin of butter. JAMES PEARCE . I am a tripe-dresser, and live opposite Scollard's. On Sunday, 14th of January, about half-past ten or a quarter to eleven o'clock, I saw William come out of the shop with half a firkin of butter—he took it down the Vinegar-yard, by the side of my shop—they closed rather earlier than usual that morning. JANE BLACKBURN . I lodge in Scollard's house. On this Sunday I went to early Mass, and returned about eleven o'clock—the shop was closed then—in the evening, about a quarter or half-past eight, I was returning from chapel, and saw William at the corner of Sugar Loaf-court; I asked if he had been to chapel, he said, no; he had been to Seven Dials—the shop was shut then—he asked if I had seen John—I said, "No"—he said, he did not think he could have been out long, as he bad left the fire—I had not been into the room, but I last heard their clock strike on the Friday before the fire—I saw a round-faced clock at the station—I cannot say whether it was theirs—I saw a box in possession of the police—I had seen one similar to it in their room. Cross-examined. Q. Did any of the lodgers have clocks? A. Yes; one or two, but Scollard's clock was generally a quarter faster than others—I know it was Friday that I heard it, because I was going out on business, and was waiting for it to strike. JOHN BARRON . I am watchman to the Excise Office. On 15th of Jan., about twenty-five minutes past two o'clock, I was passing Scollard's house, I heard a violent knocking in the shop, as if they were beating up butter with butter pats, and saw a very brilliant light—there was no alarm of fire at that moment—the police were there—I heard no alarm of fire given. Cross-examined. Q. Did you look through the key-hole? A. I did not see one; I saw a light underneath the door—I do not know who found me out—I was summoned to the police-office. SARAH PHILPOT . I live at 47, Bermondsey-street, next door to Scollard's. On the morning of 15th of January, I was awoke by a knocking at the door and the policeman's rattle—I heard the alarm of fire, opened my door, and went to Scollard's front-door, and saw a man I do not know, smoking a pipe—I went round to the back-yard, knocked at the fence with my hands, and called "Scollard, Scollard, are you awake;" in about a minute, I was answered by John Scollard—I said, "Your house is on fire; are you safe—for God's sake alarm your lodgers"—I heard him speak to his brother, and say, "Fire, fire, fire"—I said, "My God, you must see your house is on fire, and your shop is on fire"—I was satisfied they were all safe, and returned in doors—it was then about half-past two—I was down stairs not five minutes after the alarm was given—there was no engine or firemen there then—I knew their voices sufficiently to distinguish John's from William's. Cross-examined. Q. You were not before the Magistrate or Coroner? A. No; they did not find me out till they had been to the Court—it was through the activity and zeal of Inspector Yates. JOHN BARTLETT . On Sunday morning before the fire, about half-past eleven o'clock, I went to the prisoner's shop; it was closed—I knocked at the door—John opened it—I went in and asked for some butter—John served me; he went to the further end of the shop for it—there were only four or five eggs in the window, where the eggs usually are. JOHN BARTLETT . I am an appraiser and broker, of 41, Red Lion-court, Bermondsey. I know Mr. Joseph Goodchild, he is landlord of these premises, and has employed me many times to levy for rent on William Scollard—I received his directions in writing, and have got them with me—he ordered me to distress on the morning after the fire—7l. 10s. was owing for rent—I seized all that was relative to the tenant, and made this inventory (produced)—Mr. Henry Hersey condemned the goods, and they were sold for 21. 2s. 6d.—there were forty empty butter firkins sold—they were partially burnt. Cross-examined. Q. Did you make the sale? A. No; Mr. Lloyd, the auctioneer—I was there. GEORGE FAIRBAIRN . Bartlett put me in possession of the house on 15th of January—I remained in possession four days—the goods were sold—they fetched 2l. 2s. 6d.—I was present—on the shelves on the shop on which the firkins were kept, I saw some resin—it had run along the edge—there was only one shelf, but there was a piece of board on it—there was some on the board, and some on the shelf—it did not cover the board—it was merely on the edge. Cross-examined. Q. Have you brought the board to show the resin? A. No; it was a deal board—there was a very small quantity; there were several pinches—I know it was resin, and not gum, by breaking it—Yates first told me I should be wanted as a witness—I was not examined before the Magistrate. JOHN PAULSON . I am an egg-merchant, of Ship-tavern-passage, Leaden-hall-market; I know the prisoners. On Friday or Saturday, 12th or 13th Jan., William Scollard came to my place, between one and two o'clock, with a box with paper round it, and said, "Mr. Paulson, will you allow me to leave this box here till I call for it; I have just brought it from the Steamboat-wharf"—this is it (produced)—I gave it to Yates on 9th Feb. JOHN SHELLY YATES (police-inspector.) I received this box from Paulson—it contained two coats, one pair of trowsers, a flannel waistcoat, a Dutch clock, four books, a table-cover, a pair of braces, three handkerchiefs, two butter-pats, two hams, one pair of shoes, three shirts, some tea and sugar, and some papers—the books relate to the business. JOHN HOARE . I am a tailor, and lodged in Scollard's house. I have made clothes for John Scollard—the last time was on the 13th, Saturday, when I sent him home this waistcoat, at ten o'clock in the morning. ROBERT WILSON . I am a clerk in the General Life and Fire Assurance Company. Fifteen days' grace is allowed to pay premiums—this policy would expire fifteen days after Christmas—this premium was paid for the year 1849—on Monday afternoon, 15th Jan., William Scollard came to the office, and wrote this claim—the declaration is written by me; it is signed by him—(this was a list of firkins of butter, shop fixtures, &c., amounting to 128l. 8s.)—next day he brought this second claim (produced), and attached it to the other: (the total of the whole claim was 170l.—(The inventory made by Bartlett was here read; it consisted of a very few articles, of the most trifling description)—William Scollard told me that he could not account for the fire; that he had left the public-house about twelve o'clock, and went home direct to bed; that he was awoke by a hammering at the door; that he took his clothes from off a chair, and went into the yard to dress himself—he said none of the lodgers could have access to his part of the premises, I took that down at the time—he told me that he filed the invoices of his goods—I saw him again on the Wednesday, when he produced this book in explanation of his claim—he was asked by our manager, in my presence, what other books he kept, and, from the equivocal reply that he made, I could not gather whether he had one or more books—he said he had other books, but he could not tell where he had placed them; he might have thrown them in one part of the shop or another; he might have put them behind the counter or in the window, and he supposed they must have been lost or burnt—we have not paid the claim. Cross-examined. Q. Is your office incorporated by Act of Parliament? A. Yes—these claims were made out by him—I told him to make out his claim, but did not dictate to him his things or the prices—I supplied him with pen, ink, and paper—I did not then know that an inquest was to be held—I got the claim from him on the Monday, and the inquest was held on the Wednesday—the particulars of the sum claimed were made out by himself, in his own writing—he wrote the first claim at the office; the second he brought written. JOHN SIMS (policeman, M 164). I searched William Scollard, and found on him two pocket-books, and various papers; among others, this receipt from the General Fire and Life Insurance Company, for 1849. (Henry Sturnton, manager of Fenning's-wharf;—Skinner; Thomas Webb, egg-merchant;—Jobson, licensed victualler; and Arthur Le Maire, egg-merchant, gave the prisoners good characters.) JOHN SCOLLARD—GUILTY. Aged 26. WILLIAM SCOLLARD GUILTY. Aged 30. Transported for Life Before Mr. Common Serjeant. --00--

218

Dianne Jones on 4th December 2021

TRIAL -- 9 April 1849: #1048. JOHN SCOLLARD and WILLIAM SCOLLARD, feloniously setting fire to a certain house, in the occupation of William Scollard, with intent to injure Joseph Goodchild. — 2d COUNT, with intent to defraud the General Life and Fire Assurance Company. MESSRS. PARRY and METCALFE conducted the Prosecution. THOMAS TATS (policeman, M 267). On the night of 14th Jan. I was on duty in Bermondsey-street, and about half-past two o'clock in the morning, on passing by the prisoner's shop, I heard a crackling noise—I put my head to the door, and smelt-fire—I looked through the key-hole, and saw a light at the far end of the shop—the house is at the corner of a passage called Sugar-loaf court, up which is a side-door—I went to that door, and found it open—I then went part of the way up-stairs, and alarmed the inmates, a great many of whom came down in great confusion—I came out, sprang my rattle, got assistance, and sent for the engines—I then returned, and broke open a door leading from the foot of the stairs into the back-parlour, where the prisoners slept; that door was fastened by a chain inside—I could not get in, there was so much smoke—about two minutes afterwards I saw John Scollard come out from a back-gate leading into the yard—a back-door opens from that yard into the parlour—there are three doors into that parlour, one leading into the shop, one into the passage, and one into the yard—John Scollard bad on his trowsers, waistcoat, and stockings, and his coat over his arm; he came into the street, rubbing his eyes, and took no notice of me; he might hare seen me; I was near him, and it is a very narrow court—I beard a cry of "Fire!" in the back-parlour—I went through the yard, and fetched one of the lodgers out, and then I kept at the front-door till the engine came—about four in the morning I went into the cellar, and saw the remains of some burnt wood there; it was not then burning, but had been lately—there was no smoke—I saw William Scollard in the back-parlour about four, before I went into the cellar. Cross-examined by MR. CLARKSON. Q. I believe Sugar-loaf-court leads to the lodger's door? A. Yea; that is parted off by a door kept fastened, leading to the parlour, which these men used as a sleeping-room—the door John Scollard came from, was not the one that separated the sleeping-room from the other part of the house—I had been past the house about twenty minutes before, and several times during the night, as I went round my beat—perhaps I had passed five or six times between ten and half-past two o'clock. RICHARD HENDERSON . I belong to the Fire Brigade, in Southwark Bridge-road. On 15th Jan., about three o'clock in the morning, I heard of this fire—I went there, and entered the house directly—the shop-door was open; I went into the shop—I seat a man before me, to break open the back-door, to let the smoke out—I have a note, which I made at the time, of the state of the shop: (reads)—" Some empty tubs, shop-fittings, and things burnt, and some loose fire hanging about: under part of the stairs, and partition burnt; front-shop and back-parlour scorched; egg-chests, and some straw in cellar burnt; two. distinct fires"—that is the note that was furnished to the Fire-office next morning—I examined the tubs; they were butter-firkins; there might be twenty or thirty of them; they were all empty—I saw four half firkins on the other side of the counter; they were partly full of butter—the empty firkins were standing on their heads on each other, and there was a little butter, about half an inch thick, on the heads; there was a little layer of butter on the beads of the uppermost ones, which I could observe; the prisoner, John Scollard, drew my attention to that—I had asked him what trade he was, and where his butter was, and he said, "What do you call that?" pointing to the head of those casks—the principal part of the shop had been burnt, under the stairs, and some empty firkins; it was not burnt through, not consumed; the flooring was not burnt; the fire had not spread over the whole of the shop, only the partition, and under the stairs—these stairs started from the street-door and came into the shop—there is a recess under the stairs in the shop; the wood was burnt there—the door leading from the shop to the back-room was open, and there is a door that leads from the back-room into the yard—I ordered that door to be opened, to let the smoke out; I suppose it was shut at the time, I did not see it—the furniture and the partition in the back-parlour were severely scorched—there was a bed on the right-hand side, and a sofa under the window—the flooring was not burnt at all—I went into the yard, where there is a trap-door opening into the cellar; it was partly open, and there was a great body of smoke coming from it—I stooped, and saw a glimmer of light; I did not go down—a man named Wilkinson went down by my orders, and I went down a very few minutes after—there was a great deal of water in the cellar, which we had thrown in, and some burnt boards between two uprights, which I took: to be egg-chests broken up—the cellar is right under the shop—from what I observed I am positive the fire in the cellar, and that in the shop, were two distinct and separate fires—I should say, from the appearance, there was only fire in one place in the cellar—the flooring of the shop was not burnt—the fire in the cellar could not have fallen through from the shop; there was not the least cavity—I saw John Scollard in Bermondsey-street, between three and four, and asked him if he was the occupier—he said, "No," his brother William was—I afterwards went into the shop, and William and John were both pointed out to me as the occupiers—I asked William Scollard what office he was insured in—he told me some office over London-bridge, he could not tell me the name, and produced a receipt of his insurance—I said, "Why you are insured for 320l."—he said, "Yes"—I asked what he celled himself—he said he was an egg and butter-merchant, and pointed to the butter, as I stated before—they were both present—I said, "Where are your eggs?"—one of my men pointed out to me, and said, "Master, here are some," and took three out of the shop-window—I said, "Are these all you have got?"—he said, "I am rather short at this time of year"—the fire had not extended to the shop-window—I then said, "Where is your butter?"—John Scollard said, "There were forty firkins before the fire happened"—I said, "Where are they then?"—he pointed to the little butter on the heads of the casks—I said, "Is that all? I could eat all that"—I then sounded the tubs, and found them all empty—I asked William Scollard for his policy—he said he could not find it, and it was then he produced the receipt—all the stock I saw was the part of four firkins, except four, five, or six pounds in the cellar at the foot of the stairs, and that had no business there—there was a little straw in the cellar, but there was so much water that I could not see it then—there was a very thin skim of butter in the cellar, not thicker than a wafer; there was no butter in the shop, or any sign of any having been there—I made a hole in the shop, to let the water through into the cellar, and there was butter on the surface of that water as thin as a wafer; I should think a very few pounds indeed would have made that appearance. Cross-examined. Q. Do part of the stairs hang over the flooring of the shop? A. Yes; I think the door that separated the parlour from the shop was a glass door, but I cannot say, I did not make any note of it—I should say if there was glass there, it was broken—the fire had circled all round that part of the shop—the size of the back parlour was about ten or twelve feet each way, or not quite so much—the bed and sofa were scorched—there was a fireplace in the room; the bed was seven or eight feet from it—the sofa was the nearest, not above four feet from it—I will not say whether there was a chest of drawers there or not—I examined the firkins in the shop by sounding them—some of them were turned bottom upwards—I do not know the difference between the top and bottom of a butter firkin—the parlour flooring was not burnt at all, in the shop it was charred—I am quite sure there was no hole in the floor of the shop—the water in the cellar was nearly half leg deep, and there was a thin scum of butter floating on the top of it—I swear that was not in the cellar before I made a hole in the shop—I had looked into the cellar—I should say I paid sufficient attention to be able to speak positively—there was not above three or four inches of water in the shop—the cellar was dark—I had a lantern—the cellar-flap in the yard was partly open when I went there—it did not fit it altogether—I do not know what was the size of the light I saw in the cellar—I only saw a glimmer through the smoke—when I got there there were three or four or five persons about the premises—I should say there was no man in the cellar with a lantern, because he could not get down for the smoke—I did not go down, because I had a very bad cough, and could not stand the smoke. MR. PARRY. Q. Did you make sufficient observation as to know whether there had been a fire in the grate in the back parlour? A. I made an observation at the time that there was none—I am quite sure of it.