Jacob Wagner

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Maureen Withey on 24th January 2026

National Archives. Criminal Petitions. HO 17/6/50 1822 Aug; 1822 Dec Prisoner name: Jacob Wagner Junior (or Jacob Waggoner Junior) Prisoner details: Aged 17 years. Court and date of trial: High Court of Justiciary, Edinburgh, 25 November 1822. Crime: [Robbery] of a gold watch and chain and two steel keys from Dr William Gardner of Broughton Street, Edinburgh, and being habite and repute a common thief. Initial sentence: Transportation for life. Gaoler's report: 'has behaved himself in an exemplary manner as to his morals and behaviour' (by the prison chaplain). Annotated: 'there seems no good reason for interfering with the usual course of justice in such matters.' Petitioner(s): Jacob Wagner Junior (the convict); further application by the convict undersigned by the Edinburgh gaol chaplain and three church ministers. Grounds for clemency: Mistaken identity; his extreme youth; Jacob Wagner Senior (his late father) served many years in the Royal Artillery and was awarded a commission but his death removed the convict's protector in his infancy. Other papers: Letter from [illegible] transmitting the petition. Additional Information: Held in the Edinburgh Tolbooth. Only he and one sibling of ten were living at the time of his father's death.

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Maureen Withey on 13th October 2025

WIDE BAY. MURDER.- On Tuesday last, 12th March, Patrick Fitzgerald, per ship Havering, 1849, and Jacob Wagner, per Henry 1, 1823, were brought before the bench on suspicion of having murdered James Marsden, at Mr. Corfield's station, in this district. Marsden and the two prisoners had lived in the some hut together at an out-station, Marsden was a shepherd, as well as Wagner, Fitzgerald was hutkeeper. From the evidence of Mr. Benson, superintendant for Mr. Corfield, it appears that on Saturday, the 9th March, about eight o'clock in the evening, he heard a whistle at the head station, which he thought was the whistle of Wagner he went out and heard Wagner whistling and calling ; he went up to where the sounds come from, and when he got near, Wagner called out-"Is that you master ? shocking bad news Marsden is killed, and half the sheep is lost ;" he appeared to be in a great fright, and was crying ; Fitzgerald, the other prisoner, was with him, who also appeared very much frightened. They had their bedclothes and things with them, and a gun belonging to deceased. Mr. Benson inquired how they knew Marsden was killed ? They answered, a black fellow named Athlone and his gin had told them, and that there were a great many blacks about. He immediately sent off to the next station (Mr. Walsh's), to report the circumstance. Benson then got horses in, and, accompanied by the two prisoners and some blacks, started in search of the murdered man. On the road, Fitzgerald appeared greatly agitated, and frequently repeated " the Lord have mercy on my soul." When they reached the hut where the prisoners resided, they went in and staid for a short time. He then got a hurdle, a blanket, and some rum, and told the prisoners to come on "and look for the body'. The prisoner Fitzgerald asked to read out of his prayer-book before he went, which having done, he delivered up the pistol he was carrying to Benson, and going on his knees, said, you may do with me what you like; I have done something: Marsden is dead. Shortly afterwards, he said he would show where Marsden was, if he got back the pistol. Benson then ordered all the fire-arms to be discharged, and then made the blacks plant them, fearing Fitzgerald might shoot himself : he, Fitzgerald had a large butcher's knife in his possession; on starting to search for the body, Fitzgerald did not come ; the body was not found that night ; during the search, Wagner several times begged Mr. Benson to shoot him. On Sunday morning, Mr. Walsh, Dr. Brown, and his brother, arrived at the station ; on their arrival both prisoners were secured. After the most careful search the body was not found on Sunday ; on Monday, all the blacks that could be collected were sent to search ; after they had been out two or three hours they came back and reported they had found it. Messrs. Benson, Walsh, Dr Brown and brother, then proceeded to the spot; the body was about two miles away from the hut where deceased resided ; the deceased was lying on his back, with nothing but his trousers and boots on ; he appeared to have received a charge of buckshot all about the front of his body, and to have been shockingly beat about the head with some blunt instrument ; on turning the body over, there was a wound on his right shoulder, which appeared a gunshot wound. On the night the murder was found out, Fitzgerald told Benson that Marsden had been belying him, and Wagner had told him of it. The deceased had often complained to Mr. Benson of Wagner's bad temper, and said he thought he was cranky. A few days before he was murdered, he had knocked down Wagner in a quarrel. Mr. Walsh stated in his evidence, that as they were securing the prisoner Fitzgerald, a black made signs to him that the prisoner had struck some white man on the head ; he afterwards said it was a shepherd. Mr. Walsh was several times alone with the prisoner Fitzgerald, who repeatedly asked him to shoot him. When the body was found, Mr. Walsh examined it : he found a hole through the chest like a gunshot wound ; it was larger than a spear wound ; had seen bodies that had been murdered by blacks ; they were always stript naked ; had not the slightest doubt that deceased had been killed by whites. After burying the body, and returning to the head station where the prisoners were confined, Mr. Walsh heard Mr. Benson questioning the prisoner Fitzgerald about the murder: he said Wagner had murdered him by shooting him under the arm, pointing under his arm at the same time ; he said Wagner had told him he had done it ; he also said Wagner had struck deceased on the back of the head. Also heard Fitzgerald say that Wagner had often threatened to take deceased's life on account of a previous quarrel. Dr. Brown had made a post mortem examination of the body. His evidence was very minute. He stated that a foreign body had entered at the back of the right shoulder, proceeding from behind forwards, not in a straight course, and making its exit at the chest. Could not have been done by a spear. This was sufficient to cause death. The skull was fractured; there were many other wounds minutely described. The prisoner Wagner, in his defence, denied all knowledge of the death of the deceased ; and made a rambling sort of statement about Fitzgerald. Fitzgerald declined saying anything. They were both committed to take their trial for the murder. Sydney Morning Herald, 5 April 1850. A long report of the trial appeared in the Sydney Morning Herald, dated 29 May 1850: ASSIZE INTELLIGENCE. BRISBANE CIRCUIT COURT. WEDNESDAY, MAY 15. BEFORE Mr Justice THERRY. Jacob Wagner and Patrick Fitzgerald were indicted for the wilful murder of James Marsden, otherwise Charles Martin, at Wide Bay, on the 9th March last. The indictment was framed to include both prisoners as principals or accessories, and it alleged the death of the deceased to have been caused by shooting, and by wounds inflicted on the head …. ... The Jury retired for about half an hour, and returned with a verdict of guilty against both prisoners. … Sydney Morning Herald, 29 May 1850.  Execution at Brisbane, Moreton Bay; This morning (Monday, July 8th.) Jacob Wagner and Patrick Fitzgerald were hanged in front of Brisbane Gaol, for wilful murder, …. ... Wagner was formerly a constable at Port Phillip, and subsequently in the Commissioner's police at the Clarence River. In both places he bore the reputation that is usually bestowed upon a constable who very much abuses his authority. Fitzgerald was a convict recently arrived by the Havering.- Moreton Bay Courier Bell’s Life and Sporting Review, 20 July 1850.

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Maureen Withey on 12th October 2025

Colonial Secretary Index. WAGNER, Jacob. Per "Henry", 1823 1823 Aug 29 On list of prisoners landed from the "Henry" and forwarded to Parramatta for distribution (Reel 6011; 4/3509 p.135) 1824 Nov 6 Enquiry from his mother, Lileas Ociltree, as to his whereabouts (Reel 6062; 4/1781 p.336) --------------------------------------------------------- 1823 Aug 29. List of Prisoners from the ship Henry, forwarded to Parramatta for distribution. Jacob Wagner, To Mr Henry Cooper. --------------------------------------------------------------- Edinburgh, 6th November 1824. Honorable Sir, I beg that your Goodness will excuse me for the liberty I have taken in addressing you on the present occasion. I have the misfortune to be the mother of a young man named Jacob Wagner, who upon the 25th day of November 1822 received sentence of Transportation beyond the seas for Life by the High Court of Justiciary here. He sailed the latter end of April 1823 from Sheerness in England, on board the Henry Transport Ship, Captain Thurston, bound for New South Wales. I am anxious to hear if he has safe arrived, the more especially as letters has been from those who went out with him in the Henry, addressed to their relatives here. I have made every possible enquiry as to my son whether he is in life or not, but to no purport, I have to say that Mr Allen, Commissary at New South Wales, with whom I have been long acquainted, upon application to him, advised me to address you & added I would be sure of an answer & that if my son had been sent to Sydney, he would write his son there concerning mine. Having thus detailed to you the circumstances … There does not appear to be a continuation of her letter. The record stated his mother’s name is Lileas Ochiltree. ------------------------------------------------------------------- NSW Convict Index. Jacob Wagner, per Henry, 1823, Ticket of Leave, No 39/3. District, Maitland; Tried Edinburgh CJ. Jacob Wagner, per Henry, 1823, Ticket of Leave, No 43/667. District, Castle Hill; Tried Edinburgh CJ.

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Maureen Withey on 12th October 2025

Source: Old Scottish Genealogy and Family History. Records of Transported Convicts https://www.oldscottish.com/convict-records-15.html Jacob WAGNER alias Wagoner. Description, in the service of a Painter and Glazier (eight weeks), formerly in the service of a Flesher. Prisoner in Edinburgh. Tried: Edinburgh, 25 Nov 1822, Transportation- Life. Per Ship: Henry, April 1823, New South Wales. ---------------------------------------------------------------------  Jacob Wagner, a lad of only 15 years of age, was afterwards convicted of robbing a gentleman of his watch, and was also sentenced to sentenced to be transported for life. The Scots Magazine, 1 Dec 1822.