Wednesday, April 16, 2014

Miss Nevin and Morton Allport



Mary Ann Nevin (1844-1878), sister of Thomas J. Nevin, 
dipping a glass at New Town rivulet, Kangaroo Valley Hobart Tasmania, ca. 1870.
Salt paper stereograph taken by Thomas J. Nevin ca. 1870
Photo  © KLW NFC Imprint  Private Collection 2012

When the Nevin family of Kangaroo Valley, Hobart, sat down to read The Mercury on the 4th October 1865, they must have despaired at the notice it contained about their application for aid of £25 p.a. to open a school at Kangaroo Valley, especially Mary Ann Nevin, 21 years old, and determined to start her working life as a teacher. The reporter had mispelt the family name - McNevis instead of Nevin. A week later, when The Mercury reported that Mary Ann's application was rejected, the reporter again mispelt her name as NEVEN.



Source: BOARD OF EDUCATION. (1865, October 4). The Mercury (Hobart, Tas. : 1860 - 1954), p. 2. Retrieved February 2, 2014, from http://nla.gov.au/nla.news-article8835291

TRANSCRIPT
KANGAROO VALLEY
An application was received for the establishment of a school at Kangaroo'Valley.
Dr. BUTLER said that the school was proposed by a family named McNevis [sic], and Miss McNevis [sic] was willing to teach. They proposed undertaking the school on receiving aid to the amount of £25 a year.
Mr. MACDOWELL said he thought children from Kangaroo Valley could very well attend the New Town school.
Dr. OFFICER said the road was very bad. He thought the application reasonable.
After discussion, the matter was put aside for the report of the Inspector.



Source: The Mercury, 11 October 1865
BOARD OF EDUCATION. (1865, October 11). The Mercury (Hobart, Tas. : 1860 - 1954), p. 2. Retrieved April 16, 2014, from http://nla.gov.au/nla.news-article8835416

BOARD OF EDUCATION.
TUESDAY, l0th OCTOBER, 1865.
The Board met at 2.30 p.m. yesterday afternoon.
Present.- Mr. Macdowell in the chair, Dr.Officer, Mr. Tarleton, Mr. T. Westbrook, and Mr. Watkins. -
Mr. Stephens, Inspector of Schools, and Mr. Burgess, Secretary to the Board.were also present.
The minutes of the last meeting were read and confirmed.
KANGAROO VALLEY.
Considered, the Inspector's report on an application for aid to a school at Kangaroo Valley, New Town, conducted by Miss Neven,[sic] together with a memorial from Mr. Morton Allport and others in support of application.
It appeared from Mr. Stephens' report, that all the children named in the application resided within an easy distance of the Public School at New Town ; it was decided that aid could not be given.
Family friend and amateur photographer Morton Allport was included among her supporters in her application, but to no avail. The application was rejected on the grounds that the children named as prospective students resided closer to the Public School at New Town, and that the road to Kangaroo Valley was bad. The Nevins were not asking for a building to be constructed; in all likelihood, the proposed school would utilise the Wesleyan Chapel and its Sunday School room constructed at Kangaroo Valley in 1859. Despite the setback, Mary Ann and her father John Nevin proceeded with the school on their own account. On the 28 May 1875, The Mercury reported that the Department of Education had approved John Nevin's application to operate a night school for adult males.



The Mercury, 28 May 1875. John Nevin's night school for males.
TRANSCRIPT
KANGAROO VALLEY
A letter was received from Mr. John Nevin, applying for th establishment of a night school, at Kangaroo Valley, under the regulations of the Board. There was a schoolroom there, which he offered for that purpose.
It was agreed to accede to the request, the school to be for males only.
The Tasmanian Museum and Art Gallery holds several stereographs taken by T. Nevin of the New Town Public School and the school house (with children and adults) at Kangaroo Valley, per this online catalogue listing in 2005:

Q1987.392 ITEM NAME: Photograph: MEDIUM: Sepia stereoscopic views., TITLE: 'New Town from the Public School' DATE: 1872.



TMAG Collection Ref: Q1987.392
Verso with Thos Nevin's New Town stamp


Q16826.28 ITEM NAME: photograph: MEDIUM: albumen silver print sepia toned stereoscope, MAKER: T J Nevin [Photographer]; DATE: 1870s DESCRIPTION : New Town Public School

Q16826.27 ITEM NAME: photograph: MEDIUM: albumen silver print sepia toned stereoscope, MAKER: T J Nevin [Photographer]; DATE: 1870s DESCRIPTION : New Town Public School

Q16826.1.2 ITEM NAME: photograph: MEDIUM: albumen silver print sepia toned stereoscope, MAKER: T Nevin ? [Artist]; TITLE: 'School House Kangaroo Valley' DATE: 1860s DESCRIPTION : This photo depicts three adults and four children at Kangaroo Valley (Lenah Valley) INSCRIPTIONS & MARKS: A Pedder

Q16826.1.1 ITEM NAME: photograph: MEDIUM: salted paper print stereoscope, MAKER: T Nevin ? [Artist]; TITLE: 'School House Kangaroo Valley' DATE: 1860s DESCRIPTION : This photo depicts three adults and four children at Kangaroo Valley (Lenah Valley) INSCRIPTIONS & MARKS: A Pedder

Morton Allport and the Memorial



Title: [Self portrait of Morton Allport]
Creator: Allport, Morton, 1830-1878, photographer
Publisher: [1854]
Description: 1 photograph : silver albumen print; 10 x 7 cm
Format: Photograph
ADRI: AUTAS001139593974
Source: Allport Library and Museum of Fine Arts

The rejection of Mary Ann Nevin's application for school aid, published by the Mercury on 11th October 1865, mentioned support from photographer and naturalist Morton Allport with an offer of a memorial, without specifying details or purpose. A memorial to what or whom? There are at least four possibilities:

1. A very personal memorial for Rebecca Jane Nevin (1847-1865), youngest sister of Thomas James, Mary Ann and William John (Jack), whose death was imminent and died only weeks later on November 10th, 1865 after a long illness. A terrible blow to this pioneer family, no-one could have paid a better tribute than her father in this exquisite poem, written and printed just six weeks after her death.



LINES
On the much lamented Death of
R E B E C C A J A N E N E V I N
Who died at the Wesleyan Chapel, Kangaroo Valley,
On the 10th NOVEMBER, 1865, in the 19th year of her age.

WRITTEN BY HER FATHER

In early childhood's joyous hour,
We brought her from her native soil,
To seek some calm and peaceful bower
Far on Tasmania's sea-girt Isle;
While yet a gentle, fragile thing,
Her infant steps were tottering.

Here, by a mountain streamlet's side,
Its soothing murmurs lov'd to hear,
Or watch its limpid waters glide,
And cull the flow'rs were blooming near;
And tho' her life was mark'd with pain,
Was seldom heard for to complain.

Death early chose her for his prey,
For slow disease with stealthy tread,
Had swept the hues of health away,
And left a sallow cheek instead;
Like some young flow'ret, sickly pale , -
She droop'd and wither'd in the vale.

Full eighteen summer suns have shed,
Refulgent beams on that pale brow,
Ere she was number'd with the dead;
Beyond the reach of anguish now.
The wint'ry blast of death has come,
To lay her in the dark lone tomb.

Cut off in girlhood's hopeful morn,
She pass'd without a murm'ring sigh,
From friends and weeping parents torn,
To higher, fairer worlds on high.
She's gone to join the blood-wash'd throng,
And mingle with the seraphs' song.

The struggle's o'er - loved shade adieu! -
No more shall grief or pain molest;
The wint'ry storms may howl o'er you,
But cannot break thy dreamless rest:
Pluck'd like a rose from parent stem,
To deck a royal diadem.

Her life was guileless as a child,
Nor pride, nor passion ever knew;
A book, a flower - her hour beguiled,
Nor breath'd a heart more kind or true;
No longer kneels with us in prayer: -
Now I behold her vacant chair!

That head in pain shall throb no more,
Nor weary night of restless sleep;
The Jordan pass'd, thy journey's o'er,
And thou shalt never wake to weep;
When the last trumpet loud will sound,
Thou'lt rise triumphant from the ground!

JOHN NEVIN.
Kangaroo Valley,
27th January, 1866.

2. A memorial to Sir John Franklin (1786-1847), a Governor of Van Diemen's Land (Tasmania) who disappeared on his last expedition, attempting to chart and navigate a section of the Northwest Passage in the Canadian Arctic, and husband of Jane, Lady Franklin (1791-1875), whose Museum at Ancanthe, Kangaroo Valley by 1865 was much neglected, despite the efforts of John Nevin to care for its grounds which bordered his cottage, farm, and the Wesleyan Chapel.



Title: Sir John Franklin, Capt. R.N / Derby ; Thomson
Creator:Thomson, James, 1789-1850, engraver
Publisher:London : Fisher Son & Co., 1830, 1840
Description:1 print : stipple engraving ; sheet 21.4 x 13 cm
Format: Print
ADRI: AUTAS001124071473
Source: Allport Library and Museum of Fine Arts



Ancanthe, Lenah Valley (Kangaroo Valley)
Photo copyright © KLW NFC 2014

3. A memorial to Sir William Jackson Hooker (1785-1865),Director of the Royal Botanic Gardens, Kew who had died a few months earlier, on 12 August 1865. His son Sir Joseph Dalton Hooker had spent six months in Hobart on the voyage to the Antarctic 1839–1843, published Flora Tasmaniae in 1859, and undoubtedly provided Morton Allport with rare specimens. Morton Allport was an authority on the zoology and botany of Tasmania, in addition to being an accomplished photographer. Kangaroo Valley, initially named Sassafras Valley, was a haven of native plants.



The full text (1859) is available at: https://archive.org/details/onfloraofaustral00hook



Left:[Native orchid, Dipodium punctatum] / W B Gould
Right: Melaleuca squammata [Scented paper bark]
Creator: Gould, William Buelow, 1803-1853
Publisher: [ca. 1830-1840]
ADRI: AUTAS001139592968
ADRI: AUTAS001139593008
Source: Allport Library and Museum of Fine Arts



Tasmanian Flora: The Botanists, Backhouse, Hooker, Rodway, Curtis & Morris
Royal Botanical Gardens, Hobart
Photo copyright © KLW NFC 2014

4. A memorial to the two children George and Sarah Johnson murdered in September 1865 who, had they been in school, might have avoided the man called William Griffiths who entered their house, stole a clock, and allegedly murdered them as witnesses to his theft. Griffiths was executed at the Hobart Gaol on December 2, 1865. This account was reported on 25 September,1865:

HORRIBLE MURDER IN TASMANIA.
In the Hobart Town Advertiser the following appears:---A report reached town yesterday afternoon that a murder of a most revolting and brutal character had been committed at Glenorchy the victims being a boy and a girl, the children of a man named Michael Johnson, who with his wife and family resided in a bark hut near Mr. Hull's residence at Tolosa. The father and mother are hard-working people; the former a carrier, who conveys loading and timber for piles to Hobart Town. It would seem they were in the habit of leaving the hut in the charge of the girl aged about ten years, and the boy eight years. During the absence of the parents the girl was murdered and the boy so injured as to be insensible. The shocking intelligence having reached the ears of the mother, she hastened to the hut, and found the girl quite dead, with three severe wounds on the head, which had evidently fractured the skull. The boy was still living, but quite insensible. Information was conveyed to the Glenorchy police, and superintendent Hunter lost no time in putting all his available force in motion, if possible to discover the perpetrator of that fearful murder. No one was seen lurking about the premises, and the perpetrator of this shocking murder is for the present at large and undiscovered. The Mercury of the following day adds : --- "The supposed murderer of the two unfortunate children at Glenorchy, on Tuesday, for both of the victims of the fearful crime are now dead, was apprehended in Hobart Town, yesterday morning, at about half-past 11, by superintendent Hunter, rural police, and C. D. C. Jones; but before detailing any of the few particulars accompanying the arrest, we must state that the poor boy died about 11 o'clock on Tuesday night, and, sad to say, without having previously to death recovered consciousness sufficient to enable him to give, evidence, as to the barbarian by whom his sister and himself had been so foully and so fatally dealt with. With respect to the apprehension of the person charged with the commission of these horrible crimes, we are informed that the police had their suspicion directed towards a farm labourer named William Griffiths, lately in the employ of Mr. McDermott, of Glenorchy. Griffiths was tracked to town, and yesterday morning C. D. C. Jones, accompanied by superintend Hunter, went to the King's Arms public-house Murray-street, and inquired for Griffiths, who it was stated was not there.
Source: HORRIBLE MURDER IN TASMANIA. (1865, September 25). Empire (Sydney, NSW : 1850 - 1875), p. 2. Retrieved April 16, 2014, from http://nla.gov.au/nla.news-article64144357



Alfred Bock sketch of William Griffiths
Supreme Court Hobart October 1865

Photographers M. Allport, S. Clifford & T. Nevin
Although Morton Allport was an amateur and not a commercial photographer, he assisted a young Thomas J. Nevin at the beginning of his professional career, and no doubt on account of his friendship with Thomas' sister Mary Ann and their father John Nevin at Kangaroo Valley. When Thomas Nevin joined prolific professional photographer Samuel Clifford, their work became indistinguishable, especially in the production of hundreds of stereoscopic views. The difference, however, between some of Allport's stereos and Clifford & Nevin's, visible more so today because of the fuzziness resulting from the porous salt paper which the latter often (but not always) used, is evident in this example. The first is a dry plate photograph by Morton Allport, 1863, the second is a reprint of the same image from the partnership of Samuel Clifford and Thomas Nevin, 1865.



Boviak Beach, Excursion to Lake St. Clair February 1863 by Morton Allport
Tasmanian Archive and Heritage Office: Allport Library and Museum of Fine Arts
AUTAS001136194164 Also on TAHO at Flickr page



Title: Lake St Clair
Publisher: ca. 1865
ADRI: AUTAS001124851494
Source: W.L. Crowther Library
Series: Views in Tasmania
Notes: On verso: title inscribed in ink on centre of label ; printed above title: Views in Tasmania ; printed below title: S. Clifford, photographer, Hobart Town



Title: Orphan Schools, New Town / Clifford photo
Creator: Clifford, Samuel, 1827-1890
ADRI: AUTAS001136189297
Source: W.L. Crowther Library

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Tuesday, April 15, 2014

Carnal knowledge of children: convictions 1860s-1880s



Jurors' entrance, PCHS Campbell St Hobart
Photo copyright © KLW NFC 2011

Photographer Thomas J. Nevin was exposed to the most pitiful of criminals if not to their actual crimes when he captured their portraits for police records in Tasmania from the 1870s to the 1880s. Sexual crimes against children were prosecuted without much consistency as to the punishment or length of sentence, despite clear legislation guidelines..

The Legislation
ANNO VICESIMO-SEPTIMO 1863.
VICTORIAE REGINIAE,
No. 5.
AN ACT to consolidate and amend the Legislative
Enactments relating to Offences against the
Person. [31 July, 1863.J

WHEREAS it is expedient to consolidate and amend the Legislative PREAMBLE.
Enactments relating to Offences against the Person: Be it enacted .
by His Excellency the Governor of Tasmania, by and with the advice
and consent of the Legislative Council and House of Assembly, in Par·
liament assembled, as follows :-



Rape, Abduction, and Defilement of Women.
45 Whosoever shall be convicted of the crime of Rape shall be
guilty of Felony, and being convicted thereof shall suffer Death as a
Felon.

46 Whosoever shall, by false pretences, false representations, or
other fraudulent means, procure any woman or girl under the age of
Twenty-one years to have illicit carnal connexion with any man shall
be guilty of a Misdemeanor, and being convicted thereof shall be liable
to be imprisoned for Ten years.

47 Whosoever shall unlawfully and carnally know and abuse any
girl under the age of Ten years shall be guilty of Felony, and being
convicted thereof shall suffer Death as a Felon.

48 Whosoever shall unlawfully and carnally know and abuse any
girl being above the age of Ten years and under the age of Twelve years
shall be guilty of a Misdemeanor, and being convicted thereof shall be
liable to be imprisoned for Seven years.

49 Whosoever shall be convicted of any assault with intent to
commit Rape, or of carnally knowing and abusing any girl being above the
age of Ten years and under the age of Twelve years, or of any attempt
to have carnal knowledge of a girl under Twelve years of age, or of any
attempt to commit Rape, shall be liable to be imprisoned for Ten
years.

50 Whosoever shall be convicted of any indecent assault upon any
female shall be liable to be imprisoned for Seven years.

READ the FULL ACT here {pdf}
An Act To Consolidate And Amend The Legislative Enactments Relating To Offences Against The Person (27 Vic, No 5) Austlii Database

William Clemo aka "Clocky"
This 48 yr old ex convict, William Clemo was sentenced to 7 years at the Hobart Supreme Court in the July sittings of 1868. He was discharged as William Cleme (typo)  in the week ending 10th February, 1875, when Nevin photographed him in prison. Notice of the crime was published in the Hobart Mercury of 9 July, 1868, under the legally correct but socially abhorrent title -  "MISDEMEANOUR",



TRANSCRIPT
MISDEMEANOUR
William Clemo, a middle-aged man, was placed at the bar, charged with committing an assault on a little girl named Emily Mary Easton, she being at the time above ten and under twelve years of age.
His Honor having summed up the jury retired, and after a short deliberation returned a verdict of guilty.
His Honor then sentenced the man to seven years' imprisonment.
Source: LAW INTELLIGENCE. (1868, July 9). The Mercury (Hobart, Tas. : 1860 - 1954), p. 3. Retrieved April 15, 2014, from http://nla.gov.au/nla.news-article8853260



POLICE RECORDS
Convictions in the Supreme Court, Hobart. These records are from the weekly police gazettes, Tasmania Reports of Crime, Information for Police, 1865-1885, James Barnard, Gov't Printer.

William Clemo, transported to Tasmania on the ship Equestrian 3, was sentenced to 7 yrs for "carnally assaulting a child under 12 years".




William Clemo was discharged and photographed by Nevin in the week of 10 February 1875 at the Hobart Gaol. This photograph was prepared from a negative, framed in a carte-de-visite mount, and pasted to Clemo's criminal record sheet. However, police records for the decade 1875-1885 show no further offences committed by Clemo, although that may simply mean he was not caught. The number "103" on the recto is an archivist's number made during copying of the original held at the QVMAG in Launceston for inclusion in the Archives Office of Tasmania's collection housed in Hobart.



Prisoner William Clemo, photographed by T. Nevin, 10 February, 1875 at the Hobart Gaol.
Source of image: QVMAG Ref:PH_PH30-3s_30-3229c

TRANSPORTATION RECORDS (TAHO)
Clemo, William
Convict No: 12923
Extra Identifier:
SEE Surname:
SEE Given Names:
Voyage Ship: Equestrian (3)
Voyage No: 357
Arrival Date: 16 Dec 1852
Departure Date: 01 Sep 1852
Departure Port: Plymouth
Conduct Record:CON33/1/111,  CON94/1/1  p43
Muster Roll:
Appropriation List:
Other Records:
Indent:CON14/1/46
Description List:CON18/1/58



William Clemo was killed by a falling tree at Gladstone in 1882. An inquest was held on 9th February, and reported in the police gazette on 17 February 1882. A clockmaker by trade, hence the moniker "Clocky", Clemo was sentenced to 10yrs in 1849 and transported in 1852 for stealing a silver snuff box etc.



TRANSCRIPT
INQUESTS
An Inquest was held at Gladstone, on the 9th ultimo, upon the body of William Climo [sic], alias Clocky, 58 years of age, ship to Colony unknown. Verdict: = "Accidently killed by part of a tree falling upon him."

Capital Punishment
These two men, Henry Page (left) and Charles Downes (right) were convicted of rape of a child in separate crimes, and sentenced initially to death. When their sentences were reprieved in 1875, public outrage ensued regarding inconsistencies in sentences.



Left: Henry Page, per Phoenix 2,
Inscription: title and "297"--In ink on reverse.
Photographed by T. Nevin, 3 December 1873, Hobart Supreme Court



Capital Offence: Henry Page sentenced to death (reprieved-see letter to Editor below)
Mercury, 3 December 1873

TRANSCRIPT
LAW INTELLIGENCE.
SUPREME COURT.
CRIMINAL SESSIONS.
The Criminal Sittings of Oyer and Terminer were commenced yesterday in Hobart Town.
FIRST COURT. Before Mr. Justice Dobson.
A capital offence.
Henry Page, a baldheaded old man, about 70 years of age, was charged with a capital offence on a little girl named Fannie Bransfield, under 10 years old, at East Bay Neck.
-The Attorney-General prosecuted ; and Mr. J. W. Graves defended the prisoner.
The little girl (who gave her evidence in a very straightforward manner) detailed the particulars of her seduction, which occurred while she was out in the bush with the prisoner sorting wool. She also spoke to frequent acts subsequently, but in reply to Mr. Graves, admitted that she had not said anything to her mother about the assault for two Sundays after she was taken home.
Dr. Blyth, of Sorell, gave evidence of his examination of the little girl, strongly supporting the theory of the prosecution.
The child's mother, Anne Bransfield, said the girl made complaints to her on the third day after she was brought home. She further stated that when, a short time before last Christmas, she visited the ohild, the prisoner interfered, and prevented the child from seeing her on her way home.
Mr. Graves, for the defence, called a witness, who had known the prisoner for 20 years. He said he had never heard anything against his reputation during the whole of that period, until his arrest on the present charge.
His Honor carefully summed op the evidence, and the jury, at a few minutes past one, retired to consult their verdict.
The jury's verdict and the prisoner's response:
THE RAPE CASE -SENTENCE OF DEATH RECORDED.
The jury empanelled to try the charge against Henry Page, then brought in their verdict.
The Clerk of Arraigns asked if they were all agreed upon their verdict ?
The Foreman : We are.
The Clerk of Arraigns : How say you, do you find the prisoner guilty or not guilty.
The Foreman : Guilty, with a strong recommendation to mercy.
His Honor : I will take care that your recommendation is forwarded to the proper quarter. But it would be as well, perhaps, that you should state the ground of your recommendation.
The Foreman : On the ground of age and previous good character.
The Clerk of Arraigns (To the Prisoner) : Have you anything to say why judgment of death should not be recorded against you according to law ?
The Prisoner (who appeared not to understand his terrible position) replied after a pause : Bless my soul ! I did nothing to deserve death, nor anything else. I am as innocent as anybody can be of what she says. Prisoner then spoke most disrespectfully of the prosecuting witness, and added, I deserve no punishment.
His Honor said the prisoner had been found guilty, the victim being a child living under prisoner's roof, and who ought to have received his protection.
The prisoner (interrupting) : No one ever protected her more than I have done in every shape and way ; and I can stand here before this Court and my God, and say my conscience is clear of what she says of me. I have kept myself as respectable as anyone in the island in my circumstances could do, for the last 30 years ; and I have done nothing to deserve death or any other punishment. God knows I have not.
His Honor said the jury had found him guilty on evidence which he was sure could not fail to satisfy rnost reasonable minds. Not only did the evidence prove the fact that he committed a gross outrage on this girl, but that moreover he had subjected her to habitual ill-treatment.
The Prisoner : It's false, Sir, every word of it.
His Honor said the jury had found him guilty, with a recommendation to mercy. A few years ago this offence would have had but one result, and though it still remained a capital offence, he felt in some degree justified, after the jury's recommendation,and bearing in mind the merciful clemency of the executive in the present day, not to pass upon him the extreme sentence. However it would be in the power of the Executive, if they think fit, to have the capital punishment carried out. The sentence of the Court was that the sentence of death be recorded against the prisoner, and it would be for the Executive to say what period of punishment he would have to undergo.
The prisoner was then removed.
Source: LAW INTELLIGENCE. (1873, December 3). The Mercury (Hobart, Tas. : 1860 - 1954), p. 2. Retrieved April 19, 2014, from http://nla.gov.au/nla.news-article8914823

Right: Charles Dawnes, per Rodney 2,
Inscription: "286"--On reverse.
Photographed by Nevin, Thomas J.



NLA Catalogue 2005 with correct attribution to Thomas J. Nevin.



The Mercury 15 February 1872
Charles Downes was found guilty on a charge of feloniously assaulting Dorothy Smith, aged 9 years, in Stacey's revolving circus in the Queen's Domain, and remanded for sentence.
Public outrage at capital punishment, sparked by the execution of Job Smith whom Nevin had photographed under the alias of William Campbell (NLA and TMAG Collections), referred to the reprieve granted to Charles Downes, as well as Marsh and Henry Page, in letters to The Mercury, May 29th 1875. This letter expressed disbelief in the inconsistencies of the sentences:



Capital Punishment: Marsh, Page and Downes reprieved,
Job Smith executed.
The Mercury 29 May 1875

TRANSCRIPT
TO THE EDITOR OF THE MERCURY
Sir,-Since the Executive have shut their ears to all appeals to spare the life of the condemned Job Smith, I cannot refrain from asking, upon what principles the death penalty has been, and is to be hereafter, inflicted, or commuted, in Tasmania. The man Marsh, who was tried on the same day as Smith, and found guilty of the same offence, has been reprieved-not for any extenuating circumstances in connection with his crime, but, apparently, because no great amount of violence was used by him, the fear of his victim having rendered it unnecessary. In December, 1873, Henry Page was tried and found guilty of rape upon a child under age, under circumstances the most horrible and revolting that ever came before a Tasmanian jury. This inhuman monster was sentenced to death, but was reprieved on account of his great age, and is now confined at Port Arthur. In February, 1872, Charles Downes was tried and found guilty of carnally knowing a child under ten years of age, under circumstances which amounted to nothing short of a violent rape. This man was also, after being sentenced to death, reprieved.

In the presence of these three reprievals, I look in vain for the principle upon which the Executive have decided to hang Job Smith. If in anyone, of the four cases now under notice, so far as they are to be compared with each other, there was any palliating circumstances, it was surely in the case of Smith. He had been removed by the strong arm of the law from all the opportunities left open to the other three of sinning at pleasure without rendering themselves liable to arrest for crime. It must also be confessed that had strict discipline been in force in regard to Smith, the offence for which he is about to suffer would not have been committed.
What then is the particularly dark feature in the case of Smith for which the Executive have determined that he shall die? Is it because he struck his victim on the arm with a piece of batten? Then it is not the rape for which they are punishing him. Or, are the Executive carrying out the extreme penalty of the law in the present instance because the Judge who tried the case thought fit to say, that if ever there was a case in which it was proper to do so, this was one? Then the Executive had better, for the future, resign their prerogative into the hands of the Chief Justice. But until they think fit to do so, it is to be demanded of them that they mete out to all persons who come under their jurisdiction an equal administration of the law; but how the reprieving of Downes, Page, and Marsh, and the hanging of Job Smith, can be proved to be that, I, for one, cannot see.
I am, yours truly,
EQUITY.
Source: CAPITAL PUNISHMENT. (1875, May 29). The Mercury (Hobart, Tas. : 1860 - 1954), p. 3. Retrieved April 16, 2014, from http://nla.gov.au/nla.news-article8937571

Charles Downes was granted a reprieve. He died in custody at the Hobart Gaol. The inquest into his death was published in The Mercury 13 August 1878.

And the rest ...
Thomas Nevin photographed a number of prisoners convicted of carnal knowledge of a child. This list is randomly generated from from the search term "carnally" in the police gazettes from 1866 to 1885. Insert the word "rape" and the results proliferate, so this list is far from complete:

1866 Convictions
William Smith alias Lee Death
1868 Convictions
Patrick Cavanagh 7yrs
1869 Warrants
Thomas Smith alias Bentley
Thomas Fowler or Fynn
1871 Convictions
George Brown Death
1872 Convictions
Philip Aylward 2 yrs
1873 Convictions
James Bryant 10 days and 2 yrs Training School
Robert Innes 2 yrs
Edwin Adams 2yrs
1878 Warrants
Warrant John Rheuben
Warrant William Wilson
1881 Convictions
James Kirle 9yrs
1884 Emanuel Vera Remanded
1885 Convictions
John Coote 3yrs



Philip Aylward, photographed by Nevin on 18th February, 1874.
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