Wednesday, April 10, 2013

Disambiguation: James Day 52 yrs old and transported to VDL 1836



Title: Plan-Court House
Description: 1 photographic print
ADRI: PWD266-1-69 (1831-...?)
Source: Archives Office of Tasmania



Title: Plan-Public Buildings, Murray Street, Hobart-alteration to Court House(2 plans).
Architect, Colonial Architect's Office
ADRI: PWD266-1-578
Source: Archives Office of Tasmania

DISAMBIGUATION: Three James Day names
Right at the outset we stress that this James Day was not a relative of photographer Thomas Nevin's wife Elizabeth Rachel Day, nor was he related to her father by the name of Captain James Day, master mariner, who was born on 6 June 1806 in Yorkshire and died in Hobart on 17 November 1882, nor to Captain James Day's first cousin, Captain Henry James Day of the 99th Regiment, guard captain of the Candahar 1842.

However, while researching the name "James Day", the Old Bailey trial records and the transportation records of another "James Day" surfaced, a Londoner aged 52yrs old, who was transported for seven years to VDL on board the ship Sarah in 1836. Not many men of his advanced years were transported. He received a conditional pardon on 1 July 1842, and a free certificate in 1843. The 1842 Census shows he was already the Court house keeper in Murray St. Hobart where he resided alone. These are his records and his story up to his death in 1863.

THE OLD BAILEY TRIAL 9th May 1836

JAMES DAY, Theft receiving, 9th May 1836.

Reference Number: t18360509-1271
Offence: Theft receiving
Verdict: Guilty no_subcategory
Punishment: Transportation

1271. JAMES DAY was indicted for feloniously receiving, on the 30th of April, six lambs, value 9l.: the property of William Walton, well knowing the same to have been stolen; against the Statute, &c. See page 94.

MR. DOANE CONDUCTED the Prosecution.

WILLIAM WALTON . I am a farmer, residing at Chigwell, in Essex. I went with Kentish, on Monday, to Curnell's and remained there while

Kentish fetched Day—Kentish asked Curnell to state to Day what he had stated to us—Curnell then said, that he had been employed to Day to kill these lambs, and that Day had given him orders to sell them, and to make the best he could of them—Day denied it, and said he knew nothing of any lambs, and he never had any lambs in his possession—Curnell said, "Good God! do you mean to say, that I can bring the publican to prove that you called me out of the house, and the party that recommended me to you?"—Day said, "I know nothing of any lambs"—Kentish said, "You must go with me"—Day said, "Stop a bit, can't it be compromised?"—and he asked me the value of the lambs—I said, the value was not so much as the depredation—he said again, "Could it not be compromised?"—I said they were worth 9l. or 10l—but I would give 100l. rather than I would not proceed, and get the thieves—we then went to the Compter, and he was taken an account of—as we were coming out, Kentish said, "Have you anything to say to me?"—Day then called me aside, and said, "I will tell you where I got them from—of the ostler at the king Harry's Head, Mile-end-road"—he did not tell me what he gave for them—on Friday, the 29th of April, I had a number of lambs—among the rest six, which I missed on the Saturday night—when I send the lambs to market, I always have them marked, and two of these lambs had been sent to market, and returned, not being fat enough—I had seen these two lambs marked, and assisted in marking them—on Monday morning I came to town, and after going to two butchers, and seeing some carcasses, I went to Curnell's house, and under the stairs, found six skins, amongst which were the skins of the two lambs, which were marked.

Cross-examined by MR. PAYNE Q. Do you know Old-street-road? A. That is nine or ten miles from Chigwell—we traced this matter to the ostler, at the king Harry's head—we are not enabled to trace the matter to some one at Chigwell—my object was, to find out the thieves—Day gave me information, by which I got some further information from Stiles.

JOHN BENJAMIN KENTISH . I am a beadle of Newgate-market. I went to Curnell's and saw the skins there—I then went to Day's residence in Old-street-road—on our road from his house to Curnell's, I asked him if he had employed Harry the butcher to kill any lambs for him—he replied that he had not—I then told him that some lambs, which had been stolen, had been taken to Newgate-market that morning—they had been traced to Curnell's, in whose possession the skins were found, and that he had stated he was employed by Mr. Day—Day said he had not employed him, and he knew nothing of any lambs whatever—on our arrival at Curnell's, and I asked him if Day was the man that employed him—he said he was the man—Day denied that he had done so, and again repeated that he knew nothing about any lambs—I told Curnell and Day that they must both go with me to the Compter—upon which Day said, "Stop a bit, can't we settle it"—Mr. Walton said he would not settle it; he was determined to find our the thieves; he would not settle it if it cost him 100l.—Day asked the value of the lambs—Mr. Walton replied, "About 10l."—Day said, "Can't we compromise it"—I said I could allow of no compromiser, and took them both to the Comptor—on the road there Day asked me several times to give him adivice how he should proceed—I told him I could give him no advice, I was the officer and not the lawyer—at the corner of Chiswell-street, or in Finsbury-square, all the parties stopped, and Day again wished Mr. Walton to settle it—Mr. Walton again refused, and we proceeded to the Compter—previous to his being locked up, I asked Day if he had any communication to make to Mr. Walton, and they retired a few paces.

Cross-examined. Q. How long has Day been in the habit of attending Newgate-market? A. I do not know that he ever attended there—he is a fellowship porter—I think Chigwell is ten or eleven miles from Old-street—I wrote memorandums of what passed, and I have them with me—I think I made them on Tuesday afternoon—Day did not say more than that he got them from Stiles—in consequences of being told about Stiles, we were able to trace this down to Chigwell.

Witness for the Defence.
THOMAS SMITH . I live at No. 14, Garden-walk, Tabernacle-square. I have known the prisoner six years and a half.

MR. DOANE. Q. How far do you live from Old-street-road. A. About five minutes walk—I always considered the prisoner a corndealer, and never knew him to deal in lambs.

JURY. Q. Did not Day apply to you to get him a person to kill the lambs? A. He did.

COURT. Q. What did he say? A. He sent his name to me to know where the person lived that killed the pigs for me—I went with the man to Day's and Day asked me where the man that killed the pigs resided—I told him he had lived near me, but I did not know whether he lived there now—I went to the public house, and there I heard where to find him.

JURY. Q. Did you not think it strange that the prisoner should have these lambs? A. Certainly; but I knew very well that he could buy any thing that would be an advantage to him.

COURT. Q. What directions did you give the butcher? A. I took him to Day's and Day asked him what he had for killing sheep or lambs—he said, "Four pence a-head"—Day said, "I shall want you to take these to market for me, and shall give you four bobs and your breakfast."

(The prisoner received a good character.)

GUILTY . Aged 52.— Transported for Seven Years.

TRANSCRIPTS from The Old Bailey Online Project
Proceedings of the Central Criminal Court, 9th May 1836, pages 140-142.
Copyright in this image is owned by the 'Old Bailey Online' project. Non-commercial and fair use of this image is allowed without further consent. Commercial use is prohibited without explicit permission from the project.

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Proceedings of the Central Criminal Court, 9th May 1836, pages 140-142.

TRANSPORTATION on the SARAH 1836

State Library of Tasmania

Day, James
Convict No: 17996
Extra Identifier:
SEE Surname:
SEE Given Names:
Voyage Ship: Sarah
Voyage No: 139
Arrival Date: 29 Mar 1837
Departure Date: 22 Dec 1836
Departure Port: London
Conduct Record: CON31/1/11
Muster Roll: CSO5/1/19 398
Appropriation List: CON27/1/7
Other Records:
Indent:
Description List: CON18/1/20 p29
Remarks:



Conduct Record: James Day CON31-1-11_00045_L
James Day received a conditional pardon on 1 July 1842, and a free certificate in 1843.



Appropriation List: James Day CON27-1-7_00005_L

CENSUS 1842



James Day 1842 Census:
Residence and place of work: Court House Murray Street Hobart Town



Court House Murray St lower left foreground
Title: Government buildings, & New Wharf / C.A. photo
Creator: Abbott, Charles, 1824-1888
In: Abbott album Item 45
Publisher: 1857
ADRI: AUTAS001136188992
Source: W.L. Crowther Library

PENSION 1861



James Day, late Court-house-keeper ..... £19/10/5



From The Launceston Examiner, 8 October 1861



Death notice for James Day, Mercury 31 October 1863 "after a long and painful illness, Mr James Day, in the 81st year of his age."



Hobart Court House sketch ca. 1838, TAHO Ref: 72 1838