John Henry Smith

51

Chris Ison on 3rd December 2024

John Hackett, alias John Maine, Patrick Foley, alias Patrick Bluitt, James Cains, alias J. Howley, Peter Donahoe, alias Peter Gaffley and John Sweeny, all assigned servants of Messrs. Berry and Wollstonecraft, were indicted for piratically seizing and carrying away a vessel, belonging to Messrs. Berry and Wollstonecraft, called the Phoebe, valued at £200; also fifty bushels of wheat, valued at £20 also the property of the said Messrs. Berry and Wollstonecraft, in the month of December, 1827. The prisoners pleaded not guilty. After some delay, Judge Dowling informed the prisoners, that the Attorney General did not intend to have them tried upon the above indictment, as it would if they were found guilty, subject them to the forfeiture of their lives. The indictment was therefore quashed. The same men were again arraigned and indicted, for having feloniously taken and conveyed away 8,000 feet of cedar, valued at £100, from Shoalhaven, the property of Messrs. Berry and Wollstonecraft, in December, 1827. They again pleaded not guilty. The Hon. Alexander. Berry, Esq. — I am one of the firm of Berry and Wollstonecraft; we have a large farm establishment at Shoalhaven. In December last, the prisoners at the bar, were in that establishment; they were assigned servants to us. In the month of December 1827, in consequence of intelligence I received, I repaired to Shoalhaven, and arrived there on the 16th December; I found 15 of my men had absconded the day before in the Phoebe; they were our assigned servants. Amongst the prisoners who absconded, were the men now at the bar; I have a personal knowledge of them, and can swear to all except Sweeny, him I do not recollect. "The Phoebe” had a cargo of 8,000 feet of cedar on board, it was our property, and worth about £100. I have every reason to suppose Sweeny was one of the men, although I cannot personally identify him. John Smith (an approver) examined.— I was an assigned servant and in the employ of Messrs. Berry and Wollstonecraft, at Shoalhaven, in December 1827; I was employed in thrashing wheat; a vessel called the Phebe laden with cedar, was going to Sydney; I know all the prisoners at the bar, they were at Shoalhaven at that time, and were assigned servants to Messrs. Berry and Wollstonecraft. On the morning of the 15th December, about break of day, I went on board the Phebe with others, she was evidently wrecked on an island called "Mihote.” I was taken away from Shoalhaven forcibly by a man named Taggart, and others; It was about 5 months after we left Shoalhaven I went to see the wreck; I was not with the vessel when she was wrecked ; I was hove overboard by Taggart, at an island called "Rioteri” one of the Society Islands; three of the prisoners at the bar, were put ashore at an island called "Tah" namely Foley, Cains, and Donahoe, the other two were put ashore at an island called "Mobity.” They were short of provisions, and drew lots who was to go ashore and leave the vessel; I was hove overboard, as they expected I should give information at Otaheite that she was a stolen craft. The cedar was divided amongst the natives, at "Mobitie,” one of the Leward Society Islands in exchange for provisions. The prisoners at the bar went in the Phebe; they assisted in working the vessel out of the harbour of Shoalhaven; after which they were generally below, as none of them were sailors; the prisoners assisted in unloading the cedar at "Mobitie" A man named Hunter took command of the vessel; we intended to go to America ; we had a compass and a good map; I have been to sea before; I am a Dublin lad, and was sent here for shop-lifting; I was forced on board; I did not want to go, I said it was useless to go without seamen; five men were on board before I was taken on board; I made no resistance, as they said if I did not go quietly they would take me by force; we had 56 bushels of wheat on board, 7 casks of water, and a little pork, this was planted at the heads and we took it aboard as we were going out; we made New Zealand first, and there got three pigs and some potatoes. Hunter said he could take us to America in 15 days; Sweeny was taken on board forcibly by Taggart; and was compelled by Taggart to carry a box ; I was taken prisoner by the Man-of-Wars-man, at "Taha," there is one white man at "Tah." I was sent over to “Tah" from "Rioterrie" by the natives; I've had no promise held out to me to give my evidence; I am a 7 years transport, and have been in the Colony 3 years; I came up with the prisoners in H. M. Ship Sattelite John Henry Smith.—I was in the employ of Messrs. Berry and Wollstonecraft, at Shoalhaven, as a measurer of cedar, in December 1827 ; the Phebe was laden with cedar, and on the 15th December 1827, I was taken away between 5 and 6 in the morning by 15 assigned servants of Messrs Berry and Wollstonecraft; the prisoners were a part of them; I saw the whole transaction; I was in a hut just by where the Phebe lay; two men came to me, one presented a pistol and ordered me not to move; they took a musket; two other men went on board the Phebe, and when on board they shouted, and two boats came round the point with the remainder of the runaways, the prisoners were among them; the Phebe is about 24 tons measurement; I saw no resistance made on the part of any of the prisoners at the bar; I was ordered into the vessel by Hunter, to navigate the vessel out of the harbour; when we came to the heads, they anchored the vessel to take the provisions on board, they brought a quantity of wheat and water off in two boats; in going out of the harbour, she got fixed between two rocks, however they got her off ; I and three others were compelled to go out of the heads with them, and when about 3-4th of a mile out, they put us in the boats and sent us back again; there were six of us sent back; three of the men belonging to the craft, two sawyers, and myself; Taggart and Thos. John Bows were the most active amongst the runaways; I heard no one say they were going against their will; Sweeny was in the boat with them; he made no complaint or remonstrance; he did not assist to pull the boat. John Sweeny, in his defence, stated he had been forced on board, that he had no notion or intention of going, but was forced on board by Taggart. The other prisoners said nothing.— Guilty. (The Sydney Monitor 8 Jun 1829, p. 8)

221

D Wong on 2nd August 2020

Old Bailey: JOHN HENRY SMITH. Theft: grand larceny. 6th April 1826 Verdict Guilty Sentence Transportation JOHN HENRY SMITH was indicted for stealing, on the 18th of March, 1 pair of boots, value 20s., the goods of John Bann. HUGH MILLER. I am in the employ of John Bann, a shoe-maker, of Bond-street. On the morning of the 18th of March I heard the shop door shut - I looked, and saw the prisoner take a pair of boots from the shop-board - I pursued, and took him. RICHARD MOLD. I am in the employ of Mr. Bann. I was going towards the shop, and saw Miller at the door; I went after the prisoner, who had the boots in his hand - I asked him where he got them - he said he had been to fetch them for a person who had had them mended.(Property produced and sworn to.) Prisoner. I leave myself to the mercy of the Court. GUILTY. Aged 23. Transported for Seven Years. Ancestry Convict Indents lists his crime as Pocket Picking, which is incorrect. John Henry Smith was listed as 23 years old on arrival. Native Place: London. Occupation: Law Clerk. John was literate, single, 5'3¼" tall, ruddy freckled complexion, dark brown hair, brown eyes, scar on knuckle of fourth finger left hand, raised mole under right side of neck. 25/8/1831: TOL Illawarra. 8/4/1833: COF

4

Harold Smith on 1st August 2020

Given certificate of freedom 8th April 1833. Arrived in Launceston from Sydney on schooner "Sir John Franklin" on 11th October 1843.

40

Rod A on 31st July 2019

23/04/1833 - Certificate of Freedom granted. (Sydney Gazette & NSW Advertiser 25/04/1833).