Police Court, Hobart: Mr GRAVES, counsel for Captain Rogers; Mr MORIARTY, counsel for the mutineers
Samuel CLIFFORD's photos taken on board ship used as evidence in court
The White Star Line clipper Western Empire (1862-1875) was built in Quebec (Canada) in 1862 and sank during a hurricane in the Gulf of Mexico in 1875. Photographs of the clipper are rare, if extant at all. They might be found in public collections among the many ships photographed in Australian waters that remain unidentified. Though the clipper Crusader (1865-1898, photo below) was a third smaller than the Western Empire, key areas of this ship, and those areas on board Western Empire which Samuel Clifford was directed to photograph as evidence of an alleged mutiny once the ship arrived at Hobart Tasmania (November 1868), are discernible enough from this postcard if not from the photographs (below) of two other clippers in the Empire series, viz. the starboard side, the masts, the main deck, the poop deck aft, fife railing and life boats in the davits. Clifford's photographs of the Western Empire, however, if any survived, have yet to surface.
Crusader (Ship : 1865-1898)
Iron sailing ship of 1058 tons, built for John Lidgett & Sons, Indian traders of London, and launched in 1865. Sold to Shaw, Savill & Albion in 1869, trading to New Zealand from 1871-1898 when she was sold to Norwegian buyers. Broken up in 1910.Alexander Turnbull Library, Wellington, New Zealand. /records/22730763
Photograph - postcard - clipper Crusader (ship). At Port Chalmers, New Zealand.
Item Number: LMSS761/1/109
Start Date: 01 Jan 1865
End Date: 31 Dec 1910
Archives Office Tasmania
Link: https://libraries.tas.gov.au/Digital/LMSS761-1-109/LMSS761-1-109
Photographs of the Empire series: Colonial Empire (Ship: 1861-1917)
Clipper Colonial Empire
State Library of Western Australia
https://purl.slwa.wa.gov.au/slwa_b5577635_1
Photographs of the Empire series: Celestial Empire (Ship: 1852-1878)
Tons burthen 1630 tons
Length 193 ft (59 m)
Beam 38 ft (12 m)
Draft 29 ft (8.8 m
Link: https://en.wikipedia.org/wiki/Celestial_Empire_(clipper)
Clipper Celestial Empire
State Library of Western Australia
https://purl.slwa.wa.gov.au/slwa_b5688768_1
The Ship "Western Empire" 1862-1875
These extracts are from a Masters thesis written by Joshua Aaron Levin in 2006 in two parts: the first part outlines the life of the Western Empire, including historical documents published in Tasmania which reported the case of mutiny in October 1868 on board ship at sea which was conducted at the Hobart Police Office (November 1868); the second part examines the shipwreck believed to be the Western Empire with a review of the tools and procedures used in performing the deep water survey.
Western Empire was built in 1862 by William H. Baldwin and Company, during the time when Baldwin partnered with William Dinning. Their shipyard was located at Saint-Roch, on the cape outside the city of Quebec. From 1859-1868 they built the Empire series of nine ships (Marcil 1990:52). These ships, in order of production, were Indian Empire (1860), Colonial Empire (1861), Celestial Empire (1861), Western Empire (1862), Eastern Empire (1862), French Empire (1863), Northern Empire (1863), British Empire (1863), and Southern Empire (1863) (Wallace 1927:95). Although most of the ships went their separate ways, one company, the White Star Line, purchased two of them: Western Empire and Southern Empire. However, the two ships never sailed together under the White Star flag. In 1863, Southern Empire, fresh off of its construction blocks, set sail for Australia ... and disappeared (Louden-Brown 2001:12). The vessel was never recovered and nothing is known about its demise. It wasn’t until four years later, in 1867, that the line purchased Western Empire and had it continue in the foot steps of its younger and unlucky sister ship...
Lloyd’s Register details: -
... Western Empire had a length of 190.8 feet (58.2 meters), a width of 38.1 feet (11.6 meters), a depth of 22.9 feet (7 meters), and total tonnage of 1250. It was noted that it was rigged as a ship, was felted and partly sheathed in Yellow Metal, and was also given iron bolts. In addition, the register marked that Western Empire was given the maximum number of years, seven, for the duration of its A1 rating (Register 1863)...
Departure to Sydney : -
When the ship reached Hobart Town, the issue of leakage was finally addressed. Due to this problem, Captain Rogers stated that the ship would not be seaworthy until it underwent repairs (LL 1868h). The ship was assessed by Captain Rogers and a ship’s agent who concurred that repair would have to be done before the vessel set sail. Unfortunately, Western Empire had to sail to Sydney, as none of the slips in Hobart Town were of sufficient size or strength to repair the 1250-ton ship (TM 1868f; OL 1868). Before leaving port, the cook became ill and visited a doctor, who gave him a certified note explaining that the cook was debilitated with hepatitis. The ship sailed for Sydney on 25 November 1868. The cook remained sick during the short voyage to Sydney, and Captain Rogers ordered that he was to have [p. 68] anything he needed that the ship could provide. The following day, on 28 November, the cook remained ill, and refused to take the medicine prescribed to him at Hobart Town for his illness (OL 1868). The ship arrived at Sydney on 7 December (OL 1868) and once ashore, Captain Rogers had the cook visit another doctor. The following day it was determined that he needed off-ship medical attention and was sent to the shore infirmary for treatment. The cook eventually passed away on 31 December while in the infirmary in Sydney, and his effects were detailed in the Official Log (Table 5) (OL 1868). At this point it is unclear what happened to Western Empire, but it is likely that the ship underwent repairs for most of the year 1869.
The shipwreck: -
The survey of Western Empire was undertaken as a joint project between the Minerals Management Service (MMS), Deep Marine Technologies (DMT), and Texas A&M University (TAMU). The MMS first became aware of the wreck in in the early 1980s from the results of a remote-sensing survey for Shell Oil but the significance and identification of the wreck remained unknown for nearly 20 years.
The summer of 1999 provided a unique opportunity for nautical archaeologists. Exxon had accidentally placed a new pipeline directly across the middle of another wreck in the Gulf of Mexico. That boat is currently identified as the Mica Wreck, due to its position in the gulf within the Mica oil field. However, Exxon’s error in pipeline placement was fortuitous for nautical archaeologists by providing an opportunity to study a wreck in deep water. In 2002, the MMS, DMT, and TAMU returned to the Mica site with the research vessel Rylan T. Their primary focus was the identification and assessment of the wreck, but after that was completed, they had an opportunity to continue using the survey tools on the way back to dock. In addition to the tools necessary for a deep water survey, the MMS also brought with them a newly completed Geographic Information System Database of shipwrecks. This database contained the record of the possible shipwreck found during the Shell survey in the early 1980s, and the researchers decided that they would use the extra ship-time during their return voyage to investigate the site...
Source: Levin, Joshua Aaron (2006). Western Empire: the deep water wreck of a mid-nineteenth century wooden sailing ship.
Master's thesis, Texas A & M University.
Link: https://hdl.handle.net/1969.1/3928
"Western Empire" at Hobart, Nov. 1st, 1868
Reports of Ships' Arrivals with Lists of Passengers
Archives Office Tasmania
Item Number: MB2/39/1/31
Link: https://libraries.tas.gov.au/Digital/MB2-39-1-31P342
TRANSCRIPT
Return of the Arrival at the Port of Hobart Town
of the Ship "Western Empire" Nov. 1st 1868
From whence Bombay
When sailed August 31st 1868
State of Health Good
Master J. T. Rogers
Owner H. T. Wilson & Co White Star Line
Tons 1245
Guns -
Port of Registry Liverpool
Build Quebec
Crew 29
Cargo Ballast & quantity of Hay
Time when boarded by Pilot 7.30 pm 31st Oct
Bearings and Distances of the Iron Pot Light-house when Pilot boarded North 3 miles
Wind S Easterly
Weather Fine
Pilot's name J. Hurburgh
Agent Master [?]
Draught in feet 14..?]
Remarks Crews in state of Mutiny compelled to port [?] in Ship Bound to Callao
PASSENGERS Cabin - Nil; Steerage - Nil
I acknowledge to have received a Copy of the Port Regulations
(Signed) J. T. Rogers Master Octbr 31st 1868
The Ship's Log Book
THE FIRST PRESS REPORTS
TRANSCRIPT
SHIPPING INTELLIGENCE.
ARRIVED. November 1
Western Empire, ship, 1246 tons, J. T. Rogers, from Bombay, 20th August, bound for Callao. Agent, Captain Bergen.
ARRIVAL OF THE WESTERN EMPIRE.
MUTINY ON THE HIGH SEAS.
Yesterday forenoon a large ship was signalled, the news of which were reported in a state of mutiny. On arrival she proved to be the ship Western Empire, Captain J.T. Rogers, from Bombay bound for Callao. owned by Messrs. H. T. Wilson and Co. She was in charge of Mr. Pilot Harburgh, [sic -Hurburgh] and her captain was confined to his cabin, where he had been kept a prisoner by the crew since Wednesday last. As soon as the ship anchored the Harbor Master's boat put off to the vessel, having on board besides Cpt. Harburgh [sic], boarding officer, D.C. Macguire. One of Mr. Dillon's boats followed with a number of constables. On boarding the vessel Capt. Harburgh [sic] took the captain's report, and released him from imprisonment bringing him on shore. No action was taken in reference to the crew until Captain Rogers had visited the police station and made his report, when Mr. Superintendent Propsting, with Detective Vickers and D.C. Maguire, accompanied by several constables, again visited the ship. The crew were then mustered, and sixteen men were given into custody, and brought on shore. From the statement of Captain Rogers it seems that the vessel was one of the Abyssinian transport ships (No. 140.) She was chartered at Bombay to proceed to Callao, and on August 20th a number of extra men were shipped, making her crew 30 all told. The men were Kelly, Moody, McDonnell, Kellin, Broughton, and Crawford. These men received a month's advance, and after joining the ship on the 24th August, worked for two days; they then refused duty, and said they would not go in the vessel because they did not like the officers. At this time Captain Rogers had not even seen the men, who were shipped by the mate on his behalf. On the 27th August, the matter having been reported to the captain, and the men still refusing duty, he caused them to be given into custody. They were brought before the magistrate in Bombay, and Captain Hughes said he had no desire to keep the men, and asked that they should he punished and discharged. This the magistrate refused, and stated that the gaols were then full of seamen, and as the captain had entered into an agreement he would have to perform his part of it The magistrate asked when the vessel could sail, and being informed on the 29th, the men were sentenced to fourteen days' imprisonment, the captain to receive them when wanted. Eventually the men were put on board by the police in irons and as they still refused duty, they were confined to the fore-cabin. The remaining portion of the crew being officers and boys, it was arranged that a boat's crew from H.M.S. Euphrates should take the ship to sea. After the man-of-war's men left the vessel, Captain Rogers, with his officers, proceeded to the fore-cabin, and asked the men if they would turn to which they consented to do. The captain informed them that he had had no wish to bring them to sea, but had been compelled to do so. He hoped they would give no more trouble, The men worked quietly until Wednesday evening last the 28th ult., the captain issuing his orders through his officers and holding no communication with them. What occurred on the evening of Wednesday last is better told by an extract from the official log book of the vessel :-
[START of LOG BOOK ENTRY]"October 28th, Wednesday, 7 p.m., lat. 48. S., long. 48.35 E - In the cabin an altercation took place between the master and mate, after which the mate went on deck, and met some of the men coming aft. He went as far as the house, when he heard some one say they are murdering the captain on the poop. The mate then returned to the poop immediately. The master a few minutes after the mate went on deck, also went on deck. The boatswain reported to the master that the wind was hauling aft. The order was given to square the yards, and on going to the front of the poop the master saw a number of the crew assembled on the quarter deck shouting and vociferating, calling the master a b - w- and son of a b- , saying let us go on the poop and pitch the b - overboard, the seamen, the Kellin, Kelly, and McDonnell leading. The master asked them what was the matter ? They still kept cursing him and saying let us go on the poop and throw the b - overboard. The master, considering his life in danger, returned below, and, procuring a revolver, returned the deck. On going to the front of the poop, the men were still saying the same. The master then said that the first man who came on the poop to injure him he would fire at. They then rushed up the ladder in a body, seamen Kellin, Kelly, and McDonnell leading them. On getting off the poop seaman Kelly said " Fire and be damned." The master said he did not wish to fire if he could avoid it The seamen Kelly and Kellin said fire you b -, and both rushed upon the master, striking him in the face. The master staggered back a pace or two and fired his revolver at random and over their heads, thinking to threaten them back, but after firing three shots they all rushed upon him, the whole crew. The seamen Kelly, Kellin and McDonnell with others knocked the master down at the same time knocking the revolver out of his hand overboard. Seamen Kelly and Kellin kicking him, and Broughton holding him with a knife in the other hand about to stab him. At this time the mate got on the poop and with the assistance of the boatswain dragged Broughton from over the master and then drove the others back. The whole crew then rushed forward, seamen Kelly, Kellin, Broughton, and McDonnell, J. Moody leading, to throw the master overboard, whilst they kept shouting, saying, "throw the b - overboard,'' and were kept back with great difficulty by the mate, boatswain, and carpenter. The master then got up and seized a belaying pin and endeavoured to fight his way to his cabin , but all the men in a body, led by Kelly Kellin, Broughton, McDonnell and Mark set upon him and knocked him down near the cabin door, beating him with belaying pins and kicking him shouting, throw the b-- overboard, others, knife him, which was only prevented by the strenuous exertions of the mate, boatswain, and carpenter. They then said, put him in irons, others, put him overboard. They then insisted on him being put in irons, and to prevent them murdering him, the mate advised the master to have them on, or otherwise they would stab him, or throw him overboard. The irons were then put on, and the master went below with the mate, carpenter, and boatswain, and second mate. The mate then took the irons off the master, but almost immediately the men called the mate on deck, and said if the master was not kept in irons they would throw him overboard, and insisted on coming into the cabin to see that they were placed on again. Seamen Kellin, Kelly, Broughton and Crawford, then wanted to take the arms out of the cabin. The master told the officers that they would be very foolish to let them take them, and they were not allowed to do so. They then wanted to place the master in the fore-cabin, to which the mate would not consent saying if they did they would have to take him too They then desisted and went on deck. After being on deck a little time they called the mate and told him they would do no more if the ship went on. The mate then came below and told the master. The master thought that under the circumstances, the crew being in a desperate state of mutiny, the best thing to be done was to bear up for Hobart Town, and offered to do so, but they insisted on the mate taking charge, and the mate said, "No," he would not, but the master advised him for the safety of the ship to do so, and he then consented. He then, by the master s advice, went on deck, and put the ship about, reporting winds, course, and weather occasionally to the master, and taking his advice. And it is the opinion of the undersigned that the crew were in a desperate state of master justified in firing to intimidate them, he being in immediate danger of his life. (Signed) J T ROGERS, Master; J G HEASLEY, Chief Officer; Albert H HULME, 2nd Officer; Henry COX, Carpenter, MICHAEL McCARTHY, Boatswain, + his mark; Witness- G. H. Heasley, October 28th Wednesday 10.30 a.m. Lat 45.8 S., long 148 30 E, The boatswain reported to the chief mate that on visiting the look out on the forecastle, he overheard a portion of the crew saying that if they thought the officers would go against them they would do away with the whole of them, and take possession of the ship altogether. J. G. HEASLEY, mate, MICHAEL McCARTHY, + his mark." [END of LOG BOOK ENTRY]
Captain Rogers states that he never appeared on deck again after the affray above described. He got the mate to take off his irons on Thursday morning, and since then there has been no attempt to interfere with him. The names of the mutineers [16 men] now in custody are John Broughton, John Crawford, Peter Kelly, Peter Kellin, James Marks, P. O'Brien, John Mathieson, John Taylor, James Moody, Charles McDonnell, Gustavus Johnson, Daniel Williamson, Thomas Sanderson, Charles Nelson, John Burkett, and Joseph Oliver. The charge against them is mutiny on the high seas, and attempting the life of the captain They will be brought up at the Police Court this morning. On the arrival of the vessel crowds of persons made for the wharf, and the landing of the men was witnessed by several hundreds of the citizens. Captain Rogers bears severe marks of the violence used towards him. Only one of the men seems to have sustained any injury, namely, Kellin, who has a skin wound on the knuckle of the right hand, which he states was inflicted by a pistol bullet fired by the captain. The men also state that bullet holes are to be seen in one of the boats hanging on the davits.
Source: Mercury SHIPPING INTELLIGENCE. (1868, November 2). p. 2.
Link: https://nla.gov.au/nla.news-article8855420
The Judgment: Hobart 21st November 1868
The Alleged Mutiny on Board the Western Empire.
The result of the magisterial enquiry into the alleged mutiny on board the Western Empire, Captain J. T. Rogers, from Bombay, 30th August, bound for Callao, which arrived in this port on Sunday the 1st. instant, having terminated, Mr. A. B. Jones' [Stipendiary Magistrate] decision was made known yesterday afternoon. The affair having excited much interest the Court was thronged with spectators, among whom were several master mariners and others interested in the shipping. Curiosity respecting the case extended to the justices themselves, several of whom were on the Bench. It will be remembered that sixteen of the crew were arrested by the police on the ship's first arrival, and the charge of assaulting the captain preferred. The evidence disclosed mutinous conduct on the part of the crew, amounting in the opinion of some to mutiny or piracy. A counter charge was then laid against Captain Rogers for unlawfully and maliciously shooting at Patrick Kelly one of the crew. To sustain the charge, a number of the men implicated in the first prosecution were examined and the two cases having been completed, Mr. Jones yesterday gave judgment discharging the captain, and convicting seven out of the sixteen seamen of assault ; the latter were sent to gaol for ten weeks. The assistance of the police was invoked to get the remainder of the men back on board ship, and a crowd congregated in Bathurst-street to witness their departure. Captain Rogers had some difficulty in inducing them to go on board ; he wished them to do so at once, promising that such of the men as chose should have their discharge to-day with forfeit of wages ; but that those who were willing to proceed in the ship to Sydney should be paid their wages. Most of the men after some persuasion by the captain and Mr. Graves consented to sign a document accordingly; others stood out on the advice of Mr. Moriarty, who said he was afraid there was a trap ; Mr. Graves assured them it was an honest offer. Three more of the objectors eventually signed to go on board, conditioned on their receiving their discharge to-day. One of the men, Taylor, obstinately refused, and he was locked up at the instance of the captain. The others were then escorted in jingles to the Twins steamer wharf, where water-men's boats were awaiting to convey them to the Western Empire.
Source: HOBART TOWN REGATTA. (1868, November 21). The Mercury (Hobart, Tas.), p. 2.
Link: https://nla.gov.au/nla.news-article8855763
The Photographs.
Defence counsel for Captain Rogers, John Woodcock Graves (the younger) brought a number of photographs taken by Samuel Clifford into the Hobart Police Court on Wednesday 11th November 1868 to assist his defence of Captain Rogers in the case Kelly v Rogers. Peter Kelly was the crew member who alleged the captain had shot at him. When the court resumed after lunch, Samuel Clifford was placed in the box by Mr. Graves to explain to the court the significance of each area he was directed by Captain Rogers to photograph. Sylverius Moriarty, counsel for the alleged mutineers, immediately alerted the court to their bias, being introduced not by an independent official of the court but by Mr. Graves and his client the captain.
TRANSCRIPT
Mr. Clifford, the photographic artist of Liverpool-street, was placed in the box by Mr. Graves the defendant's attorney, and he produced photographic views of the poop of the ship Western Empire, showing starboard and port views of the poop and a view of the fife rail; and the boats on the studs over the main deck ; and stereoscopic facsimiles of the same.
By Mr Moriarty — These views were taken at the instance of the court for the defence ; and under the direction of the captain.
By Mr Graves - I cannot say exactly what the height of the poop is from the main-deck. I should say it is about 6 feet ; the fife-rail is about 3 feet from the poop ; the supports of the fife-rail are about 6 feet apart.
During cross-examination by Mr. Graves, Peter Kelly was shown the photographs: he confirmed the photograph of the poop deck was where the Captain had fallen: "I cannot say whether the other six were there on that day; they were on the poop at the time I rushed at the captain. [The witness was shewn the photographic view, and pointed out the spot where the captain was down on the poop in the corner]. It was when he was down that I was present; he was down when I joined the men; I was acting with them when he was down; I was not holding him down; Crawford caught him as he was running to his cabin; I held him down then till he was ironed by the mate's order; within ten or fifteen minutes after that I was informed that he had got his irons off; I went into the cabin ...[cont here]"
Source: Tasmanian Times (Hobart Town, Tas. : 1867 - 1870), Thursday 12 November 1868, page 2
POLICE COURT. (1868, November 12).Link: https://nla.gov.au/nla.news-article232864441
WHERE ARE THE PHOTOGRAPHS NOW?
Where are they, these photos produced in court of the areas on the ship Western Empire where the captain claimed he was assaulted, and where the crew claimed he fired a shot? Those areas were the poop deck, the main deck, the fife rail, the boats on the studs, plus port and starboard views.
It was Mr. Graves' idea to introduce photographs and commission Hobart photographer Samuel Clifford of Liverpool St. to take and print them in square (10 x 18 cm) and stereoscopic formats. So who would have saved the prints and the negatives? Were they retained as plates and prints by Samuel Clifford to procure payment for his services? If so, they would have been acquired first by the Anson Brothers who bought Clifford's (and Thomas J. Nevin's) commercial stock on his retirement in 1878; and then by John Watt Beattie who took over the Anson Bros business at Wellington Bridge in Elizabeth St. from the 1890s. Given Beattie's commercialism - he sold any and every artefact of Tasmaniana, convictaria and Aboriginalia - they may have passed into private hands, their significance and specificity soon lost on tourists simply wanting scenic (marine) photographs of Tasmania. Or, they may have passed into the collection of the Queen Victoria Museum and Art Gallery, Launceston, from acquisition of his estate in the 1930s.
Assuming, on the other hand, that Clifford's crime scene photographs were kept and classified as judicial property, specifically exhibits of the Hobart Police Court and included in payments for court proceedings out of Treasury, they would have become the property of government officials such as Port Officer and Shipping agent Mr. Hawthorn, archived in Tasmania as documents of mutiny and piracy for future reference.
Since Mr. Graves solicited the use of photography as evidence in his defence of Captain James Rogers against the charge of shooting at crew member Peter Kelly, were they his property, both prints, stereographs and glass negatives? They may have survived among his legal documents, his ledgers, letterbooks and correspondence in dealings with clients, of whom there were many with overdue debts, currently held at the State Library of Tasmania.
Letter from solicitor John Woodcock Graves to J. S. Dandridge, Oyster Cove
Request for early payment of debt or "the law must enforce its recovery"
Archives Office of Tasmania Series NS309
Link: https://libraries.tas.gov.au/Record/Archives/NS309
Photo copyright © KLW NFC Imprint 2015-2024
More than likely, those photographs showing damage to the ship would have travelled back to Liverpool (UK), retained for insurance claims by the then owner of the clipper Western Empire (H. T. Wilson & Co White Star Line) and stored with other original documentation of the voyage, including the ship's official log. However, Joshua Levin's research into the history and shipwreck of the Western Empire, published as a Masters thesis in 2006 (Texas A & M University) made no mention of Clifford's photographs when he examined the Official Log (OL). So, was it 24 year-old Captain James Thomas Rogers himself who gathered the photographs to keep as a personal reminder of his mutinous crew and the terror they inflicted on him - a very young master of a very large ship on the high seas somewhere between Bombay and Hobart, 1868?
Among the thousand and more photographs and stereographs Samuel Clifford advertised for sale in 1868, including beautifully executed sepia prints of Hobart's wharves and streets during the visit of HRH Prince Alfred Duke of Edinburgh in January 1868, none currently online or even catalogued in public holdings suggests, even remotely, any semblance to the specific views on board the Western Empire he captured for Mr. Graves. Nor do the dozens of albums of 12, 25 or 48 and up to 96 prints of scenic Tasmania, many as stereographs of streetscapes, river views with ships, docks, rocks on kunanyi/Mountain Wellington, valley ferns and country houses etc - that appear periodically at auctions have ever listed scenes by Clifford of specific spots taken on the deck of a ship (see Addenda No.1).
The Barristers
Townsman and barrister John Woodcock Graves the younger (1829-1876) made judicious use of the talents of two local Hobart photographers, close friends and business partners Thomas J. Nevin (1842-1923) and Samuel Clifford (1827-1890) during the 1860s-1870s. He requested Thomas Nevin's services as photographer of the official party of visiting VIP colonists among the 400 subscribers to a day excursion to Adventure Bay which he had initiated to take place on Wednesday 31st January 1872. Mr. Graves (the younger) chartered the steamer the City of Hobart with costs defrayed by subscription. The VIP's on the trip included the Hon. Mr. James Wilson (Premier of Tasmania), Alfred Kennerley, (Mayor of Hobart and Police Magistrate), Thomas Giblin (Van Diemen's Land Bank), the Hon. John O'Shanassy (former Premier of Victoria), Mr John Miller (Cape of Good Hope), Father Sheehy, Mr. Tobin (Victoria), John Woodcock Graves the younger (barrister Tasmania), Captain Clinch (commander of the City of Hobart), the Hon. James Erskine Calder (Surveyor-General), Robert Byron Miller (barrister Tasmania), the band of the Workingmen's Club, not to mention the many women and children, notably teenager Jean Porthouse Graves, daughter of John Woodcock Graves (the younger), who collected Thomas J. Nevin's photographs of the excursion in a family album.
Thomas J. Nevin took this photograph of John Woodcock Graves (lower left, reclining) with the party of VIP colonists.
One of four extant photographs taken on 31st January 1872 and printed in various formats from Thomas J. Nevin's series advertised in the Mercury, 2nd February, 1872, as the Colonists' Trip to Adventure Bay (Bruny Island)
[From lower left]: John Woodcock Graves jnr, solicitor; his daughter Jean Porthouse Graves; above her, R. Byron Miller, barrister; on her left, Sir John O'Shanassy, former Premier of Victoria;
[Centre top]: Lukin Boyes, son of auditor and artist G. T. W. Boyes, leaning on stone structure
[Extreme lower right]: James Erskine Calder, former Surveyor-General, Tasmania
Single unmounted carte-de-visite photograph of large group at Advenure Bay 1872
From the Miller and Graves family album
Photos recto and verso: copyright © KLW NFC Imprint 2015 Private Collection
Men of premier social status dressed in full Victorian attire from head to toe rarely allowed themselves to be photographed in reclining and recumbent poses, so these captures by Thomas Nevin of Sir John O'Shanassy and Sir James Erskine Calder lolling about in bush surroundings are quite remarkable. Their ease and familiarity with Thomas Nevin was in no small part due to his work already performed for surveyors James Calder and James and John Hurst on commission with the Lands and Survey Dept., for which he was issued with the Colonial Government's Royal Arms warrant by authority. The men in the foreground of this series taken on the Adventure Bay trip in January 1872 were the lawyers and the legislators who were Nevin's patrons and employers throughout his engagement as photographer in Hobart's prisons and courts from 1872 into the 1880s.
John Woodcock Graves the younger died of congestion of the lungs and pneumonia in 1876, just 46 yrs old, leaving a wife and four daughters. The eldest, Jean Porthouse Graves (1858-1951) kept photographs and newspaper clippings of the history of her grandfather's fame as the composer of the English folk song "D'ye ken John Peel", John Woodcock Graves the elder, in her album (in our private collection), plus a half dozen photographs by Thomas J. Nevin and stereographs by Samuel Clifford, including a few of ships on the Derwent, but none identifiable as the clipper Western Empire.
JUDICIAL PHOTOGRAPHY
The introduction of forensic evidence into the court in the form of photographs during a trial or hearing was not established practice by any measure in 1868. Their presentation in person by the photographer himself, commercial photographer Samuel Clifford of Liverpool St. Hobart during the case Kelly v. Rogers concerning the alleged mutiny on board the Western Empire was an innovation for the judiciary.
Photography depicting crime scenes for use in court trials and hearings became more common in the following decades. In 1874, for example, photographs were shown to witnesses of a scene where a "Leviathan" coach had toppled at high speed near Oatlands on 23 December 1873, resulting in the death of one passenger, Edwin Elliott and injury to others. Plaintiff in the case was widow of the deceased, Sarah Elliott; defendant was coach owner Sam Page, government contractor for the Hobart-Launceston-Hobart services delivering the Royal Mail and conveying prisoners from sentencing in the Launceston Supreme Court to the Hobart Gaol, along with the common traveller and settlers old and new. Those photographs of the scene near the fence where Elliott landed may now be lost, so too the identity of the photographer, but the photograph of the coach itself which Same Page's counsel commissioned, was taken by government contractor Thomas J. Nevin and has survived, despite "modifications", at the QVMAG.
Original photo by T.J. Nevin of Sam Page's Royal Mail coach with the figure of Tom Davis and Burdon's company name visible (TMAG Collection Ref: Q1988.77.480).
Original photograph by T.J. Nevin of Sam Page's Royal Mail coach
The figure of Tom Davis, coach painter, and Burdon's company name have been painted out
QMAG Collection Ref: 1987_P_022).
The verso bears Nevin's Royal Arms insignia colonial warrant studio stamp used for government work.
Inscription: "From same photo held at Entally/ painted out background/ Burdons Coach Factory/ Man on r.h.s. of photo Tom Davis (has been painted out)/ 1872/
A.B. McKellar 328 Liverpool St/ coach body maker employed at Burdon and son when this coach was built"
John Woodcock Graves' appreciation of the uses of photography in judicial settings gained ground with the example set by NSW and Victoria; by mid 1872 he was instrumental in seeing Thomas J. Nevin contracted with a colonial warrant to commence the systematic photographing of prisoners arrested, arraigned, incarcerated and discharged through the courts and police office, many of whom were recalcitrant and repeat offenders attended by Mr Graves as counsel. His use of prisoner identification photographs with warrants expedited police work and court schedules. By the 1890s the photographic image had become commonplace in courts for the police and for the judiciary (read more in this post about the famous Conlan case of 1895 here).
Sylverius Moriarty
Barrister Sylverius Moriarty's defence of the mutinous crew who claimed the captain of the Western Empire shot at them was doomed to failure as soon as he saw Samuel Clifford take the stand. He was the son of William Moriarty (1792–1850) one-time Port Officer, reef surveyor and Merchant Seaman's Unionist, and Aphea Crump, sister of the eccentric and hugely wealthy Dr Francis Crump of Kerry, Ireland (d. 1877).
Sylverius Moriarty was bequeathed a fortune in Dr Francis Crump's complicated will on condition he assumed the name "Crump". Sylverius Moriarty Crump was thereafter known as a Crump by direct descent and when he died in 1897, he left his property and provisions from his fortune to his widow Mary Maud Crump, formerly Browne, whom he had married in Tasmania in 1867, a 21 year old bride to his 38 years. Not only was she not a direct Crump descendant, as the executor of her husband's will, she had prevented the nephew of her husband's cousin, John Langford Crump (1831-1913, died Broadmoor Asylum), from inheriting even a penny when he needed medical attention, let alone her house he claimed was his in Ireland. He returned to the UK from New Zealand, a frail 75 yr old in 1907 and shot her dead. The press covered the murder in detail (search TROVE - e.g. "The Crumpe Murder" etc )
Source: Mercury (Hobart, Tas. : 1860 - 1954), Friday 24 May 1907, page 5
TRANSCRIPT
A PECULIAR DEATH.
WOMAN SHOT DEAD.
TASMANIAN ASSOCIATIONS.
John Langford Crump, a septuagenarian, from Auckland, New Zealand, has been inquiring at Southsea, a suburb of Portsmouth, concerning some property wherein he is interested.
He claimed relationship with a Mrs. Crump, a barrister's widow, formerly of Tasmania, and interviewed her yesterday.
The report of a firearm was heard, and a servant, rushing into the room, saw Mrs. Crump fall dead, shot through the breast. Crump left the house, and surrendered to the police.
Later.
A barrister, Moriarty, of Tasmania, assumed the name of Crump, when he inherited a fortune. [From inquiries made last night of one of the oldest legal practitioners in Hobart, it appears that about 25 years ago a barrister, Sylverius Moriarty by name, was in practice in this city. He was well-known as a Police Court lawyer, and had an extensive practice; indeed, there was scarcely a case of any importance but he was engaged in it, and not infrequently he had the late John W. Graves opposed to him. He came in for extensive property in Ireland, which was bequeathed to him conditionally upon his assuming the name of Crump. This condition he complied with, and went to Ireland, where he was thereafter known as Sylverius Moriarty Crump. Whether he was married or not before he left Tasmania appears to be doubtful : at least, our informant never heard of a Mrs. Moriarty. He is thought to have been the son of a Capt. Moriarty, at one time a resident of Hobart.
Source: A PECULIAR DEATH. (1907, May 24). The Mercury (Hobart, Tas), p. 5.
Link: https://nla.gov.au/nla.news-article9923510
ADB: Capt Moriarty - https://adb.anu.edu.au/biography/moriarty-william-2481
Departure of "Western Empire" 23-25 November 1868
PRESS NOTICES
SHIPPING INTELLIGENCE.
HOBART TOWN.
Nov. 23,
ENTERED OUT. Nov. 23—Western Empire, ship, 1246 tons, J. T. Rogers, for Sydney.
CLEARED OUT. Nov. 23-Emily Downing, barque, 269 tons, E. Copping, for a whaling voyage.
Source: Tasmanian Times (Hobart Town, Tas.), Tuesday 24 November 1868, page 2
Link: https://trove.nla.gov.au/newspaper/article/232864643
THE ship Western Empire, Captain J T. Rogers, cleared out at the Customs yesterday, and will sail for Sydney at noon to day.
Source: SHIPPING INTELLIGENCE. (1868, November 25). The Mercury (Hobart, Tas.), p. 2.
Link:https://nla.gov.au/nla.news-article8855836
SEVEN DESTITUTE SAILORS
Captain James Rogers cleared Western Empire with Customs at Hobart on 25 November and set sail for Sydney, arriving there on 6 December 1868. Left imprisoned and destitute at the Hobart Gaol were the seven crew members the magistrate found guilty of assaulting the captain, sentencing them to ten weeks at the Hobart Gaol. They were discharged on 20 January 1869 and shipped off to Melbourne at Treasury's expense.
Source: Tasmania Reports of Crime for Police (weekly police gazette) Gov't printer J. Barnard
Request from G. Hawthorn of the Hobart Shipping Office- Funds for the Return Passage to Melbourne of Seven Seamen Imprisoned for Assaulting the Captain of the "Western Empire" and Left Destitute in Hobart.Link: https://libraries.tas.gov.au/Record/Archives/TRE1-1-24
Item Number: TRE1/1/24
Start Date: 02 Feb 1869
End Date: 27 Feb 1869
Source: Tasmanian Archives
Format: file/volume
Creating Agency: Treasury Department (TA91)
At Sydney 6th Dec 1868
Museums of Sydney Record: Vessels Arrived in Sydney 1837-1925In December 1868, the Western Empire, 1,245 tons, was towed to the A.S.N. Co.’s Patent Slip at a cost of 15 shillings...
Index Number 49 Ship WESTERN EMPIRE Day 6 Month Dec Year 1868 Ship Type SHIP
Series 1867_1882 Page No Page 466
and ‘opened’ for inspection at a cost of £41 1s 6d, including towing costs and shipwrights’, apprentices’ and labourers’ time (Page 21). Opening a hull for such periodic inspection required the removal of a section of the sheathing and examining the planking, chunam and caulking.In February 1869,
Declared too expensive to repair by its owners, the Western Empire had been purchased by Cuthbert for £2,170 in May 1869 and rebuilt and refitted with his usual, ‘celebrated energy’. Strengthened and newly coppered, with new masts and rigging, the ship was described as first class by the surveyors, Captain Norie for French Lloyds (Veritas) and Captain Moodie for Lloyd’s agents. Forty passengers could be accommodated in the state cabins, which included a ladies saloon and sleeping apartments. The polished cabin doors and outward divisions were of cypress pine and Richmond River pine, colonial cedar and mahogany. The ship was equipped with a condenser producing 100 gallons of fresh water daily, an extensive galley, steam-driven pumps and cargo hoists and large holds, and was quickly employed in the London trade by Cuthbert... On its arrival in London, the ship was immediately taken up by the Emigration Commissioners for the conveyance of Government and warrant passengers to NSW, bringing out 423 passengers in good health on the return voyage.
Source: Roger Hobbs, 2017, A Shipwright in the Colonies: John Cuthbert 1815-1874: Shipbuilder, Ship-owner, Merchant Entrepreneur, Philanthropist.
Melbourne: Nautical Association of Australia.
Link https://walshbayhistory.net/wp-content/uploads/2018/11/Cuthbert_ShipwrightInTheColonies_Hobbs.pdf
John Cuthbert's shipbuilding yard, photographed in 1861 by Freeman Bros (SLNSW).
Source: https://walshbayhistory.net/stories/history-dig-at-barangaroo
At Melbourne 29th Aug 1870
TRANSCRIPTS press extracts
Shipping intelligence.
HOBSON'S BAY.
High water To-Day.-Morning, 4.32: afternoon, 5.12. Aug. 30.-9 a.m. : Wind S.W., light ; weather fine. Barometer, 30.65 ; thermometer, 58. 1 p.m. : Calm ; weather fine. Barometer, 30.63 ; thermometer, 69. 4 p.m.: Wind S., light ; weather fine, cloudy. Barometer, 30.63 ; thermometer, 58.
ARRIVED.-Aug. 29.
Western Empire, ship, 1,245 tons, James Clark, from London, via Plymouth June 1, the Lizard June 5. Passengers- 427 Government and warrant passengers, Dr. William Arthur, medical superintendent; Mrs. Bowes, matron. William Crosby and Co., agents.
IMPORTS.-Aug. 29.
Western Empire, from London.-8 cases, 1 bale, W. Crosby and Co.; 36 bales, Wilson and MacKinnon ; 631 bags fine salt, Connell, Watson, and Hogarth; 71 casks, K. Duckett; 3 chains, 900 casks, Eliza Tinsley; 5 casks, Henry Sanders ; 14 casks. Nash and Smith; 1 package, F. Smith ; 10 cases. J. M. Sercombe ; 783 pigs lead, Jas. M'Ewan and Co.; 66 arms and boxes, 28 anvils, 23 vices, 114 tubes, 2 bars, 99 bundles, 2 casks, 270 kegs, 1 truss, 2 bales, 19 cases and packages, Briscoe and Co.; 69 pigs lead, Bright Brothers and Co ; 2,539 deals, various, Wilshin and Leighton ; 200 barrels, Fenwick Brothers ; 100 cases, Richard Harvey ; 12 rolls, 5 bales, 6 cases, Virgoe, Son, and Co.; 22 rolls, Brooks, Robinson, and Co.; 2 cases, E. Stokes; 2 cases, A. Mackenzie; 30,600 slates, Wm. Dixson ; 10 cases, Fitch and French ; 1 case, C. A. Donaldson; 100 tons pig iron, J. Henty and Co.; 10 cases, F. Samuel and Co.; 13 cases, Connell and Co.; 21 casks, 27 hhds., 27 barrels, 8 cases and packages. Order.
----
The clipper ship Western Empire, from London with 127 Government immigrants and warrant passengers, arrived in the bay on Monday night, after an expeditious and fine weather passage. The Western Empire was a well-known trader to this port under the Black Ball flag, but last year she was sold at Sydney; and her purchaser and present owner, Mr. Cuthbert, shipbuilder, of Sydney, had her thoroughly overhauled and refitted, and she is now as stanch and sound and wholesome-looking as ever. So signal, indeed, has been the alteration and improvement in the ship, that on her arrival In London she was without hesitation at once taken up by the Emigration Commissioners for the conveyance of Government and warrant passengers to this colony, and the fact of her bringing out between 400 and 500 souls in the best of health, and without the slightest casualty, testifies to the ample and thorough provision made for the comfort of so large a number of individuals, and stamps the selection of the ship by the home authorities as most judicious. The Western Empire left Plymouth on June 1, with 123 Immigrants, which number, by the usual order of nature, was increased to 127 on the voyage out. Their classification is as follows:-Married couples, 40; single women, 162 ; single men, 88 ; children, 93. A careful inspection of the ship yesterday showed that she was scrupulously clean and in admirable order, and that in the arrangements for the passengers careful regard had been displayed for their comfort and convenience. For the successful bringing out of her large living freight no small praise is fairly due to Captain Clarke and his officers, and to Dr. Wm. Arthur, the surgeon-superintendent, who has now made 22 voyages to these colonies in charge of immigrants. In the faithful and zealous fulfilment of her duties as matron, Mrs. Bowes has also given the utmost satisfaction, as she did previously when in charge of the females on the ships Conflict and Zenobia, and it must be gratifying to her to know that she carries with her the best wishes of the large number of girls who were intrusted to her care. The members of the Immigration Board met on the ship yesterday, and expressed themselves well pleased with the appearance of the passengers, and also with the manner in which the regulations for their well-being had been carried out. Concerning the voyage out, Capt. Clarke, who has been long and favourably known In this colony, states that the Western Empire left Plymouth on June 1, passed the Lizard on June 5, and met with very light winds and fine weather to the equator, which was crossed on July 2, in long. 21deg. W. The S.E. trades were moderate, but not of long continuance, and were parted with in lat 20deg. E., and long. 27deg. W. Calm weather was then experienced for several days, and was succeeded by variable winds and unsettled weather to the Cape of Good Hope, the meridian of which was passed on July 27, in lat 4ldeg. 30min. S. Captain Clarke ran down his longitude in the same parallel, with adverse, squally, and unsettled weather to this coast. Strong S.S.E. winds have been experienced for the last week, and on the 25th inst., in long. 139deg. E., the ship was struck by a mountainous sea, which broke on board, but did no serious damage. The ship will be cleared by the Immigration Board to-day, and the passengers will be forwarded to Melbourne by rail in the course of the afternoon. The ship will discharge at the Victorian Railway pier.
Source: Argus (Melbourne, Vic. : 1848 - 1957), Wednesday 31 August 1870, page 4
ARRIVED.-Aug. 29.
Link: https://nla.gov.au/nla.news-article5830376
Addenda
1. Albums attributed to Samuel Clifford
Samuel Clifford and his younger friend and colleague Thomas J. Nevin produced dozens of stereographs of identical scenes in and around Hobart which were printed sometimes with Clifford's stamp verso and sometimes with Nevin's impress recto. There are also a good dozen or two more that are identifiably taken by these two photographers but carry no studio markings. A handful of portraits as well carry the written inscription on verso, "Clifford & Nevin, Hobart Town.". This stereo and print of the River Derwent carries Nevin's impress in some collections and Clifford's stamp in others:
Thomas J. Nevin (Aust., 1842–1923) and Samuel Clifford (Aust., 1827–1890).Tasmanian Views
Source: Josef Lebovic Gallery, Sydney NSW
These collections hold identical views by both photographers: -
* Art Gallery of NSW - https://www.artgallery.nsw.gov.au/collection/works/?artist_id=clifford-samuel
* Invaluable Auctions - https://www.invaluable.com/auction-lot/samuel-clifford-1850s-albumen-tasmanian-photograp-608-c-0b34342ac5
* State Library of Tasmania - https://libraries.tas.gov.au/Record/Library/SD_ILS-1312729
* Josef Lebovic Gallery - https://www.joseflebovicgallery.com/pages/books/CL195-2/thomas-j-nevin-samuel-clifford-1842-1923-aust-1827-1890-aust/tasmanian-views
* State Library NSW - https://search.sl.nsw.gov.au/permalink/f/1cvjue2/ADLIB110334019
* National Library of Australia - https://catalogue.nla.gov.au/catalog/7123939
* National Gallery of Australia - https://searchthecollection.nga.gov.au/results?keyword=samuel%20clifford&includeParts&searchIn=artistOrCulture
2. Graphica and Glossary
ADVERTISEMENT, London Times, 11 March 1867
TRANSCRIPT extract
AUSTRALIA. - WHITE STAR LINE OF EX-ROYAL MAIL STEAM and SAILING CLIPPERS, sailing on the following dates: -
LIVERPOOL to MELBOURNE
WESTERN EMPIRE, 1,245 tons register, 2.500 tons burden, to sail March 20. ... etc etc
BELAYING PINS:
https://en.wikipedia.org/wiki/Belaying_pin
The belaying pins were the captain's only defence once he lost his revolver overboard in the struggle.
The master then got up and seized a belaying pin and endeavoured to fight his way to his cabin , but all the men in a body, led by Kelly, Kellin, Broughton, McDonnell and Mark set upon him and knocked him down near the cabin door, beating him with belaying pins and kicking him shouting, throw the b-- overboard, others, knife him, which was only prevented by the strenuous exertions of the mate, boatswain, and carpenter. [see the ship's LOG BOOK above]
"Properly securing a line to a belaying pin starts by leading the line under and behind the base of the pin to begin the figure-8 pattern."
A belaying pin rail on board of the Phoenix Port de Vannes, Morbihan, France.
Source: https://en.wikipedia.org/wiki/Belaying_pin
In this engraving from the Australian Sketcher (1880) depicting a burial at sea, the belaying pins holding the coiled lines (ropes) are located where the two distraught women on left are leaning back against the railing. The scene shows the poop deck and two men up the ladder from the main deck.
Engraving, 'Burial at Sea', by unknown artist, taken from the Australasian Sketcher, November 1880.
Source: https://museumsvictoria.com.au/immigrationmuseum/resources/journeys-to-australia/
POOP DECK:
https://en.wikipedia.org/wiki/Poop_deck
The name originates from the French word for stern, la poupe, from Latin puppis. Thus the poop deck is technically a stern deck, which in sailing ships was usually elevated as the roof of the stern or "after" cabin, also known as the "poop cabin" (or simply the poop[2]). On sailing ships, the helmsman would steer the craft from the quarterdeck, immediately in front of the poop deck. At the stern, the poop deck provides an elevated position ideal for observation.[3] While the main purpose of the poop is adding buoyancy to the aft, on a sailing ship the cabin was also used as an accommodation for the shipmaster and officers.
FIFE RAIL:
https://en.wikipedia.org/wiki/Fife_rail
A fife rail is a design element of a European-style sailing ship used to belay the ship's halyards at the base of a mast. When surrounding a mast, a fife rail is sometimes referred to specifically by the name of the mast with which it is associated: the main fife rail surrounds the main mast; the mizzen fife rail surrounds the mizzen mast, etc. It is one of a dozen or so types of "rails" often found on such ships.[1] Fife rails are typically horizontal strips of either wood or iron and are joined and fitted to the tops of a series of stanchions. The term apparently derives from the location where the ship's fifer would sit and play his fife at heaving of the ship's anchor.[2]
Locations of fife rails on a 3-masted sailing ship.
A fife rail surrounding a ship's mast will contain a series of belaying pins corresponding to the sails on that mast which they belay. A mast will either have a single horseshoe-shaped fife rail surround the base of the mast on the fore, starboard, and port sides, a single straight rail directly before or directly behind the mast, or a set of two fife rails, one on each side (fore and aft) of the mast.
Each sail associated with a given fife rail will have several corresponding belaying pins set into that rail.
Although a fife rail is a kind of pin rail, the term "pin rail" is often used to specifically denote those rails containing belaying pins that are attached to the hull. Unlike these, fife rails are freestanding.
_main_deck_7.jpg)
Photo: The main deck of the HMS Surprise at the Maritime Museum of San Diego
Source: https://en.wikipedia.org/wiki/Fife_rail
DAVITS:
https://en.wikipedia.org/wiki/Davit
This image, a photo of the clipper Lufra shows lifeboats on the davits.
Davit systems are most often used to lower an emergency lifeboat to the embarkation level to be boarded. The lifeboat davit has falls (now made of wire, historically of manila rope) that are used to lower the lifeboat into the water. Davits can also be used as man-overboard safety devices to retrieve personnel from the water.
Clipper “Lufra,” 672 tons
Built in 1870 by McGregors Shipyard ; re-rigged as a barque in 1874 ; sold 1887 to L. Castellano of Naples ; broken up in 1905.
State Library of Western Australia
Link:https://encore.slwa.wa.gov.au/iii/encore/record/C__Rb3429536
3. More press reports: extracts
Hobart 3rd November 1868
MUTINY ON THE HIGH SEAS.-The mutinous crew of the Western Empire, who were apprehended by the police on Sunday on board that ship, are to have a hearing to-day on the reduced charge of assaulting the Captain, although it is likely the evidence would sustain an offence of a more serious nature. Mr. Graves is retained as counsel for Captain Rogers, and Mr. Moriarty appears for the seamen. The police court was crowded almost to suffocation yesterday on the men being brought up for remand.
Source: Mercury Tuesday 3 November 1868, page 2
Link: https://nla.gov.au/nla.news-article8855432
THE ALLEGED MUTINY ON BOARD THE WESTERN EMPIRE.-The sixteen seamen belonging to the Western Empire were then brought in, and for want of room at the bar, some of them had to be placed in the prisoners' dock. Their names were John Broughton, John Crawford, Peter Kelly, Peter Keelan, James Marks, Patrick O'Brien, John Mathison, John Taylor, James Moody, Claude McDonald, Gustave Yansuu, Daniel Williamson, Thomas Anderson, Charles Nelson, John Bartlett, and Joseph Oliver, and they were charged on the information of James Thomas Rogers with having, on the high seas, on the 28th October, assaulted him as master of the said ship, and he prayed for their remand until to-morrow.
Mr. Graves appeared for the captain, and supported the application for remand.
Mr. Moriarty said he appeared for the defence, and he expressed a hope that proper facilities would be given by the captain for the attendance of witnesses for the defence.
The Mayor: It is quite competent to issue subpoenas to any persons, and compel their attendance.
Mr. Graves: The evidence I shall produce will establish a much more serious charge, but the captain considering the interests of the owners, and also the delay, agrees with me that it is best to lay the charge in this form.
Mr. Moriarty: If I find difficulties in getting the evidence I shall have to ask for a further remand.
The Mayor: I've no doubt it will be granted, as we don't know what may come out in the case.
Mr. Graves: I only ask for a remand till to-morrow, but I shall not object to a longer delay if desired. I may say, in the behalf of the captain, all the witnesses on board the ship will attend to-morrow, if my friend will only name them.
The men were then removed.
Source: Mercury (Hobart, Tas. : 1860 - 1954), Tuesday 3 November 1868, page 3
LAW INTELLIGENCE.
Link: https://nla.gov.au/nla.news-article8855429
Hobart 4th November 1868
ASSAULT ON THE HIGH SEAS.- Charles Wilson, John Burkett, Joseph Oliver, Gustavus Yansou, James Williamson, Thomas Anderson, Patrick O'Brien, John Mathieson, John Taylor, James Moody, Charles McDonald, John Broughton, John Crawford, Peter Kelly, Peter Keelan, and James Marks, were charged on remand, on the information of Captain James Thomas Rogers, of the ship Western Empire, with having whilst under engagement as seamen on board that vessel committed an assault on the informant on the high seas, and within the jurisdiction of the high court of admiralty of Great Britain.
The whole of the men pleaded not guilty.
Mr. Graves appeared for the prosecution, and Mr. Moriarty for the defence.
Witnesses were ordered out of court.
Complainant examined by Mr. Graves, deposed : I am master of the British ship Western Empire, at present lying in the port of Hobart Town. The defendants are seamen belonging to that ship. They shipped at Bombay.
Mr Graves : Were any of those charged with any offence prior to the day named in the information?
Mr. Moriarty objected to this question.
Mr. Jones thought that evidence might be given to prove malice.
Mr Moriarty again objected to the evident inasmuch as he believed that the evidence sought to be adduced would bear only against some of the men, whereas it was sought to bring it out against them generally.
The objection was overruled.
Witness on further examination said : Some of the men deserted at Bombay and after a reward offered, they were brought on board by the police. They were brought on board in irons, and I did not start with a very amiable crew. I got assistance from a man-of-war H.M.S. Euphrates to compel the men to go, and to get the ship away. The men, who were brought on board in irons, were kept in irons, and I sailed on my voyage to Callao. On the 28th October last, the ship was in lat. 45-8 S., and 148-35 E. On the evening of that day at tea time, the chief mate was at tea, and we had an altercation, and came to angry words and blows ; the second officer came with the boatswain into the cabin separated us ; the chief mate I believe went into his room ; I went into mine. He went upon deck. Shortly afterwards I went upon deck. On reaching the deck the boatswain reported the wind hauling aft. I walked forward while the order was given to square the yards. On reaching the front of the poop I saw a number of men assembled on the quarter deck; on their seeing me they vociferated calling me a -, and a son of a -, some calling out " Let us go up and chuck the --overboard," Kelly, Keenan, and McDonald, apparently leading them and taking the most formidable part. On my asking what was the matter they answered by again shouting, " Throw him overboard" and continued using vile language. ... [cont here...]
Source: Mercury LAW INTELLIGENCE. (1868, November 4). p. 2.
Link: https://nla.gov.au/nla.news-article8855447
Hobart 5th November 1868
The Assault on the High Seas.-The case against the 16 seamen of the Western Empire, for assaulting Captain Rogers, was resumed at 2 o'clock.
Mr. Graves attended as before for the prosecution, and Mr. Moriarty for the defence.
James Quirk, an ordinary seaman on board, examined by Mr. Moriarty : I first knew that I was to be brought here as a witness to-day. The captain has not been having any conversation as to the evidence I was to give. He told me to stop in one of the rooms, and then went out again. None of the mates have been conversing with me. I came here with an unbiassed mind to tell the truth. I recollect the evening of the 28th October. I did not hear any noise in the cabin. I was on the poop at the time of the occurrence between the captain and the men. Broughton was at the wheel. The boatswain came down on the main dock and said there was a noise in the cabin. I went on the poop but did not see anything at the time. After that I saw the mate standing up by the mizen main port side, he came down and ran forward to the forecastle ; there were marks of blood on his face. I came aft to the bottom of the poop ladder. The mate asked to be allowed in the forecastle where the men were. I returned aft. That night he slept in the carpenter's room, saying he did not like going aft in the cabin. After the boatswain gave the alarm, I saw Kelly and Keenan go towards the cabin. I did not hear them state what their object was. At that time, the captain or the boatswain did not give any order. Directly the captain ran on to the poop, the men went off the poop, and the captain called out "starboard main brace." On that, the men were going up on the poop to obey the order. When they went on the poop the captain stopped them. I did not hear distinctly what he said, but it was something like what had they to do with them, which was something about the captain and his chief mate. The men asked the captain what he was doing with his chief mate. I don't know how many men asked that question. There were three or four of us on the poop, and the rest were following, going after the braces at the time. The men had to go along the poop to the mainbrace. After the captain said they had nothing to do with it Keenan asked something like the same question that I heard first. I did not hear exactly what was said, but the captain struck Keenan an ordinary blow with his clenched fist. The next thing I saw was the captain firing, the captain having in the interval gone down into the cabin. The captain first fired in the direction of Keenan (the defendant with his arm in a sling). I did not know that he was shot at the time, but a few moments after I saw blood on his hand. When the captain fired Keenan put his hand to his head, and after the firing he staggered... [cont here ...]
Source: Mercury Thursday 5 November 1868, page 3
LAW INTELLIGENCE
Link: https://nla.gov.au/nla.news-article8855470
Hobart 11th November 1868
POLICE COURT.
WEDNESDAY, 11TH NOVEMBER, 1868.
THE WESTERN EMPIRE—CHARGE OF SHOOTING WITH INTENT TO DO GRIEVOUS BODILY HARM.
Kelly v Rogers.
This case was called on, and on the defendant being placed in the dock.
Mr. Graves applied to the Bench for his client to be allowed to take a seat next him.
The Stipendiary Magistrate said he should not like to make a precedent.
Mr. Graves said it would be most inconvenient for his client to have to be at a distance from him ; and he could quote two cases in which a defendant was allowed to be seated next the counsel.
Mr Moriarty, for the prosecution, said that he had no objection to such a proceeding.
The Stipendiary Magistrate then said that if such were the case, he would allow the application.
The defendant then took a seat alongside of his counsel.
The information was then read over by the Bench to the effect — That James Thomas Rogers, master of the British ship Western Empire, on the 28th October, on the high seas, unlawfully, maliciously, and feloniously, did shoot with loaded firearms at one Peter Kelly, with intent to do him grievous bodily harm.
Defendant pleaded — Not Guilty.
Mr. Moriarty appeared in support of the prosecution, and Mr. Graves appeared for the defence.
Mr Moriarty opened the case at great length, dwelling especially on the conduct of the mates which he stigmatised as being mean and despicable, having first incited the crew to do what they had done, and then basely deserting them. The learned counsel said that they were the real parties who were to blame. He then instanced several cases in which captains of merchant ships had been tried and convicted within a late period. He further urged that the pistol fired by the captain could not have been intended to intimidate the men, as it would be proved in evidence that not a single shot went over the men's heads, and further that the captain had no right whatever to consider the affair as a mutiny and act accordingly. In conclusion, the learned counsel said it would be necessary for the Bench to have the defendant's plea most clearly proved before if would be allowed that the captain was justified in acting as he had done.
The following witnesses were then examined.
Peter Kelly (sworn), I am an able seaman on board the Western Empire and was so on the 28th of last month. I am the complainant is this case .... [cont here ...]
Source: THE SHIP WESTERN EMPIRE. (1868, November 14)
The Express and Telegraph (Adelaide, SA ), p. 2 (LATE EDITION.)
https://nla.gov.au/nla.news-article207677900
Hobart 18th November 1868
POLICE COURT. Wednesday, November 18. (Before the Stipendiary Magistrate.)
THE WESTERN EMPIRE -. Captain James T. Rogers the captain, of shooting with intent to do grievous bodily harm.
Kelly v. Rogers. Fourth Day.
This case, which was adjourned from Friday last, was called on this day at 11 a.m. The defendant appeared on his bail, and the case for the prosecution was proceeded with. Patrick O'Brien, John Buckett, and Daniel Williamson, three more of the crew, were examined. The captain was then charged in the usual manner, and said he left the case in the hands of his counsel. Mr Graves addressed the Court for the defence, and commented on the singular course taken by his learned friend Mr Moriarty, by which the evidence of the defendants in the case brought by the captain, was made to be used against the defendant in the present case. He did not deny that Captain Rogers had fired three shots on board the ship, but he contended that he was justified as the custodian of the ship and property in so doing. He would even go further, and state that the men were justified if they had seen the captain assaulting the mate, or any other persons, they were justified in interfering. There had been a dispute between the captain and mate, but that had all passed over. Mr Graves then reviewed the evidence as brought forward, and quoted the law as to piracy, he also gave the fact of the ship being on a voyage for guano, as one of the probable reasons for the revolt, and also the fact of the ship being bound afterwards to London, where the wages were lower than in the Australian colonies....[cont here]
Source: Hobart Town and the South. (1868, November 21)
The Cornwall Chronicle (Launceston, Tas.), p. 3.
Link: https://nla.gov.au/nla.news-article66461477
Hobart 23rd November 1868
THE MERCURY.
MONDAY MORNING, NOV. 23, 1868.
The Western Empire case, in which the Stipendiary Magistrate gave judgment on Friday, has during its progress in the Police Court excited much interest. Believing it possible the Stipendiary Magistrate might send the charge by the Captain and the counter charge by one of the men, for trial by jury, we purposely abstained from any comments on the merits, that there might not be room for saying that either Captain or men had been prejudiced by any attempt to prejudge the case. The course taken by the Magistrate has removed all cause for silence, and his judgment will be endorsed by the general voice of the public. The case has been altogether an extraordinary one, and a most patient investigation has still left a good deal of the inexplicable about it but substantial justice has been done in discharging the Captain and imprisoning the more disorderly among the men, without the expense and delay of a trial in the Supreme Court, to avoid which, it was at the outset stated by his counsel, the Captain had reduced the charge against the men from one of mutiny to that of assault. The circumstances attending the commencement of the voyage were most inauspicious. The captain had in his Abyssinian voyage evidently rendered himself obnoxious to a portion of his crew, and the feeling was transmitted to the new set, and probably the Abyssinian crew had derived their antipathy in the same way from the men who had previously served under him. At any rate the evidence given by some of the men in the police court here showed that they refused in Bombay to serve under the Captain in consequence of the character they had got of him, and were compelled to fulfil their engagement only by being taken on board in irons, and kept so till the ship was under weigh. It was probably a consciousness of this feeling towards him among his men that led the Captain to abstain all through the voyage from coming in contact with or speaking to them, an apparent haughtiness and pride leading otherwise to an unfavorable impression. That this line of conduct was adopted as one of precaution is rendered more than probable by the fact that all the men admit there was nothing offensive in his manner, and that in their treatment on board ship they had no cause of complaint. Everything went on well, and that with such a crew so shipped and with such feelings, is one of the many extraordinary matters connected with this case till the fight between the captain and his first mate, which, beyond all doubt, led to the proceedings that brought the ship to this port. We do not hesitate to say that in this matter the captain's conduct has not been satisfactorily explained. His quarrel with his first mate, and scuffling and fighting with one so much inferior to him in physical strength, leave no room for any personal sympathy for the captain, indeed, this, coupled with the fact that his second mate was at the time under arrest, would have led to an impression that overbearing conduct on the part of the captain provoked and irritated the men into mutiny, had we not their own assurance to the contrary. The treatment of the first mate on the occasion referred to led to all the mischief. On this point there is no diversity of opinion. Every subsequent step has to be arrived at by weighing and sifting evidence so contradictory as to leave no doubt that on the one side or the other there has been most gross and deliberate perjury. The evidence for the Captain is consistent, and his statement is supported by the mates and other officers with an unanimity that might leave room for suspicion of collusion, were not the evidence by the men so self-evidently untrue. On the side of the Captain, the evidence may be true- indeed, there has been nothing to shake it. On the other side, the evidence cannot be true ; the men have proved too much. Among the many instances of what can only be properly designated perjury on the part of the men, we can merely select a few. Several of the men were to the violence of Broughton, the man at the wheel, who brandished a knife and pushed his way among the Captain's assailants, that he might rip him up, yet he says he had the knife out cutting tobacco, never threatened to use it, and quietly put it up when asked. This man is also contradicted as to who relieved him at the wheel, and the impossibility of the truth of the reason for leaving the wheel stated by him is shown. He also presumed so far on the credulity of the Magistrate as to swear that he saw the blood fly off Keelan's hand when struck by a ball from the Captain's revolver. Kelly, one of the men now under sentence, swore the men put the irons on the Captain by orders of the first mate. Crawford, another of the men now in prison, deposed that Kelly suggested the irons, and ordered them to be brought from below for the purpose. Some of the men say they saw the Captain strike one of their number before he was either assaulted or insulted. Others say this was after. Some say the attention of the crew was first attracted by seeing the mate rush on deck covered with blood. Others that the boatswain gave the alarm and asked assistance, when two of them went below and saved the mate from the Captain's violence. Several of the men heard no threats and saw no violence, though present all the time. In almost every particular the men contradict each other, and no reliance could be placed on such evidence, even if it had not in every main particular been contradicted by the witnesses on the other side corroborating each other. The value of the charge against the captain of shooting with intent to do grievous bodily harm, supported by exhibition of the wound, is shown by the medical testimony that the wound had not been caused by a pistol shot. Altogether the evidence of and for the men is very unsatisfactory. We believe they interfered to save the mate, and then went farther than they at first intended, the remonstrance of the captain having been made the occasion by some of the more violent for inciting the others. Whatever may be said of their first interference, and however creditable to the proverbial desire of the sailor for fair play, it was an act of insubordination, but their afterwards going to the poop and calling the captain to account admits of no justification. Looking at the matter and judging by the result we may condemn the use by the Captain of a revolver, but we must not forget that his responsibility was great and his own danger imminent : the safety of the ship and his own life depended on his firmness.
The case of the men has been rather injured than benefited by the clap-trap and somewhat threatened style of defence by which it was sought to excite for them public sympathy, and hold them up as injured, persecuted men. The insinuated charge against the Captain and his legal advisers of intoxicating some of the men to prevent their giving evidence was shown to be absurd. When they were subsequently sobered and examined, their testimony was favorable to the Captain rather than otherwise; and perhaps the defending attorney might have looked nearer home for the liberal hand that supplied the drink-money. The press ought, no doubt, to have felt gratified by this gentleman's repeated expressions of thankfulness that its representatives were present when he was met by any obstacle, but we could see no reason to dread either his or his clients' martyrdom. He hit his true position when he said he was left to " make the best fight he could," and in doing so he adopted an old legal advice, "when you have no case abuse the opposite side."
Source: THE MERCURY. (1868, November 23). The Mercury (Hobart, Tas.), p. 2.
Link: https://nla.gov.au/nla.news-article8855785
The Western Empire again. John Taylor was charged by James Thomas Rogers, master of the British merchant ship Western Empire, with refusing join to his ship without reasonable cause, contrary to the Imperial Shipping Act of 1854.
Plea, not guilty
Mr. Graves for the prosecution.
Captain Rogers produced the articles of the Western Empire, which contained the name of defendant, and his mark, (attested by the shipping master of Bombay.) Witness yesterday ordered him to go on board, when he refused to go ; the rest of the men who were asked to go went on board. He assigned no reason.
Defendant when called upon to answer the charge said I asked to come to see you (Mr. A. B Jones.) After the captain had agreed with us to go on board ship, he told us to go into a back room where Mr. Graves wanted us to sign a paper that we should forfeit our wages. I have been told by two shipping masters that I need not sign anything without the consent of a magistrate or shipping master. The captain gave us the opportunity to go on board or to sign the paper. When I came to port I was not given in charge. I came for my personal security.
The Stipendiary Magistrate: From the whole evidence it appears that it was not the men but the Captain who was in danger, and every one of you acknowledged that the captain had not ill used you that he had not spoken a word to you. If the law had been carried to the utmost you were all liable to be hanged.
Defendant repeated that he was told it was not lawful to sign anything without a Magistrate or the Shipping Master.
The Stipendiary Magistrate: The Magistrate had nothing to do with it.
Mr. Graves assured His Worship that no attempt had been made to take advantage of the men ; the terms offered were most liberal. The Captain offered to pay them in full if they would go quietly to Sydney, or to release them from the articles to-day on giving up their wages, and the same offer was made to this man this morning ; as he (Mr. Graves) thought after a night's reflection the man would see the error of his conduct.
Defendant said he had no witness to call, and he was then sentenced to ten weeks' hard labor.
Source: Mercury (Hobart, Tas.), Monday 23 November 1868, page 2
Link: https://nla.gov.au/nla.news-article8855785
Now that the Western Empire case is completed, Captain Rogers will probably, as previously intimated in the TASMANIA TIMES, have the vessel placed on Ross's slip, where she will undergo a thorough examination and overhaul previous to leaving the port.
Source: Tasmanian Times (Hobart Town, Tas.), Saturday 21 November 1868, page 2
Link: https://nla.gov.au/nla.news-article232864600
KEY External References
- Stipendiary Magistrate Hobart Town 1865
- A Shipwright in the Colonies: John Cuthbert (1815-1874)
- Western Empire: the deep water wreck of a mid-nineteenth century wooden sailing ship.
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