Showing posts with label Negative prints. Show all posts
Showing posts with label Negative prints. Show all posts

Weekly Returns, the police forms 1880s: no more ships' names please

FAKE CONVICTISM
POLICE IDENTIFICATION RECORDS



"The amazing result of the forgetting process was that by the late 1920s and 1930s, the general population did not know that anyone, or hardly anyone, was descended from convicts - even though most of them were themselves." p. 167, Tasmania's Convicts, Alison Alexander (2010)
The proposition in the statement (quoted above) from Tasmania's Convicts: How Felons Built a Free Society by Alison Alexander (2010) - viz. that by the 1920s most of the general population of Tasmania was descended from convicts transported before cessation in 1853 - is an anxiety-ridden throw-away line which underscores the lingering markers of present-day social status in a population with less racial and immigrant diversity than any other Australian state.

Exclusive by trying to be inclusive, it is a statement to be taken neither conclusively nor literally. For one thing, it does not apply to the descendants of photographer Thomas J. Nevin, who arrived at Hobart with his parents and siblings in July 1852 as free settlers with no record of convictions. Descendants and in-laws of this same family number many hundreds across the world, including the authors of this weblog and its living and deceased contributors. Thomas J. Nevin's relationship to the cohort of those Tasmanian prisoners (or "convicts" as they are conventionally designated in penal heritage tourism discourse) incarcerated during his years as a professional photographer, was one of association, not inheritance. And he did not shoot Aborigines, that other present-day Tasmanian anxiety; he shot only prisoners - with a camera. By foregrounding his perspective and circumstances, his photographs of prisoners, government officials, landscapes, and private clientele are best served and serve best the long view of history if they are once and for all disentangled from the claustrophobic loop of Chinese whispers which pose as "interpretation" by the convictism-obsessed current cohort of self-promoting hacks.



"One place where people's ex-convict status was sometimes noted was various government and municipal records - though never in so many words. Instead, the ship the ex-convict had been transported on was written beside the name, or initial, such as 'F.S.' (free by servitude) or 'F.C.' (free to colony) - in code, so only those in the know understood. In the 1890s the Brighton police still noted the names of people's convict ships, in which they might have arrived half a century earlier" .(p.165, Alison Alexander, 2010, Tasmania's Convicts)
The term "convicts" is conventionally used by commentators whose focus is on transportation to the colony of Van Diemen's Land prior to cessation in 1853; however, the term is applied to subjects of the 300 plus extant carte-de-visite and negative prints of the 1870s in public collections of "convicts". Those photographs are not artefacts of the transportation era. They are police mugshots of prisoners taken in the 1870s by commercial photographer Thomas J. Nevin on contract for the Colonial government and for the Hobart City Corporation's municipal and territorial police forces who requested and used them in the course of daily surveillance and prosecution.

Hundreds of these extant carte-de-visite prisoner identification photographs bear an inscription verso with the prisoner's name and the ship on which he was transported, details which were not written on these versos at the time of photographic capture by the photographer Thomas Nevin nor transcribed there by the Attorney-General's law clerk Frederick Stops in the 1870s when the photographs and duplicates were exclusively the property of the police and prison authorities. They were transcribed - and in many instances reprinted - by convictarian and government photographer John Watt Beattie in the 1890s-1920s despite the fact that the Police and Municipal Authorities had expressed a real reluctance by 1880 to carrying this information forward in police records (see letters between the Mayor, the Inspector of Police and the Supt of Police below).Beattie with his assistant Edward Searle catalogued these photographs for sale at Beattie's "Port Arthur Museum" located in Hobart, and included them in interstate travelling exhibitions associated with the fake convict ship Success. On Beattie's death in 1930, most but not all of these mugshots of prisoners were donated to the Launceston City Council and the Queen Victoria Museum and Art Gallery, but a few were acquired in Sydney by David Scott Mitchell and donated to the State Library of NSW in 1907. Estrays from these sources and from a defunct government department were donated in the 1960s to the National Library of Australia by Dr N. Gunson (NLA Dan Sprod MS 8429). Further dissemination took place in 1983 when fifty or more of these 1870s mugshots were removed from Beattie's bequest at the QVMAG, Launceston, and taken down to the Tasman Peninsula for display at the Port Arthur prison theme park, south of Hobart, and were not returned to the QVMAG. They were deposited instead at the Tasmanian Museum and Art Gallery in Hobart with another fake attribution - this time creating the identity of the photographer of these extant mugshots as none other than the much reviled prison commandant and non-photographer, A. H. Boyd, based on nothing more substantial than wishful thinking- a whimsical rumour which sought to inflate the heritage importance of Port Arthur at the expense of the curatorial expertise of the QVMAG exhibitors in 1977 who showcased T. J. Nevin's work as the photographer.

So whoever wrote the inscriptions on the back of the 1870s prisoner mugshots in the early 1900s not only ensured that the fakery conjured in the inscription "Taken at Port Arthur 1874" was seeded in the Edwardian tourist's imagination during the first decade of the 20th century, they also ensured that name of the ship on which the re-offender had arrived before 1853 was indelibly recorded and remembered. The 1910s inscriber's sources were the weekly Tasmanian Police Gazettes records of Returns detailing arraignments, convictions, discharges etc; the Port Arthur conduct indents; and the Hobart Gaol registers of arrivals and departures. The ship's name, in other words, was a key marker of a person's identity, past and future, recaptured again and again despite the efforts of the police administration in the 1880s to omit it from Returns of Prisoners forms.

The Returns 1866: Imperial Funds



This notice published on the 4th January 1867 in the police gazette was issued by the Convict Department when transported prisoners and the gaols housing them were still funded by the Imperial Government of Great Britain. After 1871, prisons were funded by the colonial government.

TRANSCRIPT
The Inspector of Police directs the attention of the several Officers concerned to the following Notice from the Convict Department: -
CONVICT DEPARTMENT
Comptroller-General's Office, 27th December, 1866.
The several Watch-house Keepers, Gaolers, and others are requested to furnish Returns to this Office, as early as possible after the 31st instant, of the number and condition of Inmates in the Establishment under their charge and borne on Imperial Funds on that date.
W. NAIRN, Comptroller-General
The Returns 1874: the form and the gazette record



Return of all Persons convicted for Trial in the Municipality of ...
TAHO Ref: Item Number: AF104/1/1
Description: Police Correspondence
Start Date: 01 Jan 1874
End Date: 31 Dec 1951
Taken at the Tasmanian Archives and Heritage Office 2014
Photo copyright © KLW NFC 2014

TRANSCRIPT
"This Return to be furnished by First Mail each Week
Return of all Persons convicted for Trial in the Municipality of ... during the Week ending the ... day of ... 188...
The Inspector of Police, Hobart Town ... Superintendent of Police
N. B. This Form not to to include convictions under 31 Vict. No. 12, which must be given separately."



Detail from (above) of the form. The columns required to be filled include Name, Ship, Civil Condition, Offence, Sentence or Committal, Native Place, Trade, Age, Height, Hair, Prior ...

All these details were then transcribed and printed in the Tasmanian police gazettes, published weekly from the 1860s and titled Tasmania Information for Police, J. Barnard, Government Printer. The same layout requiring details of the prisoner's ship of arrival, height, hair colour, marks etc was still in use into the 1880s. By 1888, this information was largely complimentary rather than central for two reasons: one photograph and sometimes two were always pasted onto the criminal record sheet of the prisoner, where details of age, hair colour etc were listed. Secondly, the name of the prisoner's ship, if transported up to the year of cessation, 1853, was of little significance, as the population of those men transported before 1853 had dwindled.

More by convention than necessity, however, the name of the ship bringing men who arrived in Tasmania from elsewhere who were without a recorded transported history and who were charged with offences from 1860s onwards was also usually recorded. A typical example is the arrival and incarceration of New Yorker Alfred Malden or Maldon, the spelling of his name depending on whether the Police Office recorded his name in the Returns (Malden) or the Prison Clerk recorded his name in the Conduct Records (Maldon). Malden arrived in the colony of Tasmania per the Tamer [sic - Tamar],an intercolonial vessel, in January 1871. The transcriber of the verso of the two identical cdv prints of Alfred Malden or Maldon held at the National Libary of Australia used both sources decades later, in the 1920s, hence the two spellings of Malden's surname on these versos. Within months of arriving in Tasmania, Malden was convicted on 1st June 1871 of shooting with intent, and prior to discharge in February 1874 when he was released on condition he was never to return to Tasmania, he was photographed once and once only by government contractor Thomas J. Nevin.



THE RETURN FORM
As recorded by the police gazette, 25 February 1874:
Malden, Alfred, per ship Tamar, tried at the Supreme Court Launceston on 1st June 1871, for the offence of shooting with intent &, sentenced to 10 years, native place New York, age 39, height 5 ft 10 inches, hair light brown, free to colony, two moles on left cheek (centre).
Source:Tasmania Reports of Crime, Information for Police 1865-1885 (James Barnard, Government Printer)



For Convictaria Exhibitions in 1915: the SHIP's NAME was inscribed on the versos of the original 1870s cdv's. Versos of below: Two images, cdv in oval mount and duplicate of prisoner Alfred Malden/Maldon. Photographed by T. J. Nevin, Hobart, February 1874.
Photo taken at the National Library of Australia, 6 Feb 2015
Photos copyright © KLW NFC 2015 ARR



For Convictaria Exhibitions in 1915: the SHIP's NAME was inscribed on the versos of the original 1870s cdv's.Two images, cdv in oval mount and its duplicate of prisoner Alfred Malden/Maldon
Photographed by T. J. Nevin, Hobart, February 1874
Photo taken at the National Library of Australia, 6 Feb 2015
Photos copyright © KLW NFC 2015 ARR

From glass negative to print
Given the scratches, crossed out inscriptions and general damage, the glass negative from which this print was made would have been used extensively to reprint the prisoner's photograph for prison records as each offence and charge was recorded. The print, unmounted such as this one of prisoner Peter Killeen, would have been pasted to the prisoner's rap sheet, and more would have been reprinted from the original glass plate several times over the prisoner's long criminal career. Examples of both types of prisoner mugshots - mounted and unmounted - attached to prisoners' rap sheets are held at the Archives Office of Tasmania in the Hobart Gaol Photo Books.



Original rap sheet print from the negative taken by T. J. Nevin 1875
Mounted on one of three panels of 40 mugshots by J. W. Beattie ca. 1915
QVMAG Collection: Ref : 1983_p_0163-0176

Read more in this post:Thomas Nevin’s glass plates of prisoners 1870s

Decades later, when the same prints were rescued from the photographer's room above the laundry at the Hobart Gaol, and then removed from the prisoners' rap sheets, reproduced, exhibited and sold in the name of tourism (by John Watt Beattie et al in the early 1900s), the fictionalisation of the past became the dominant modality wherever dark tourism was likely to attract visitors, be it the Port Arthur prison site where the movie of Marcus Clarke's novel For the Term of His Natural Life (1874) was in production by 1927 featuring silent screen stars George Fisher and Eva Novak , or in travelling exhibitions associated with the fake convict ship Success at Melbourne, Brisbane and Sydney in 1916. This is one example of three panels of photographs of 1870s prisoners primed for exhibition by Beattie in 1915, subsequently acquired by the QVMAG through Beattie's bequest.



The print of Peter Killeen is third from right, bottom row.
Original prints of negatives by T. J. Nevin 1870s
Reprints by J. W. Beattie ca. 1915
QVMAG Collection: Ref : 1983_p_0163-0176

The glass plates themselves seem to have been disappeared altogether. They might have been shipped to Sydney, NSW, in March 1915 for the exhibition held at the Royal Hotel, Sydney to be displayed - reprinted and even offered for sale - as Port Arthur relics, alongside relics and documents associated with the fake convict hulk, Success. One newspaper report of the exhibition (CONVICT RELICS. 1915, March 13. Preston Leader) clearly stated that the exhibitors - and this would have included John Watt Beattie as the Tasmanian contributor - collated original parchment records with duplicates, and also photographed original documents when duplicates were not available. Amongst the one ton of Port Arthur relics were dozens of original 1870s mugshots taken by Nevin and still attached to the prisoner's rap sheet; many more were removed for re-photographing in various formats as Beattie prepared for this exhibition. The association of Marcus Clarke with these photographic records for the exhibitors was de rigeur by 1915; the notes for his serial fiction about a Port Arthur escapee, His Natural Life, were displayed along with reprinted editions of his 1874 novel, For the Term of His Natural Life.

The advent of digitisation ensured a further intense surge of interest as these Tasmanian prisoner mugshots went online at museums and libraries.On the ground at Port Arthur by the 1990s, a new "interpretative" identity arose between museum and tourist as momentum increased in the quest for World Heritage status. To succeed, PAHSMA's ambitions - when it came to making use of Nevin's photographs of incarcerated prisoners from the 1870s - depended primarily on the public's acquiescence to the bias in the heritage site's "stories" about their commandant A.H. Boyd. The photographs as they exist for others beyond the push of aggressive protectionist policy, on the other hand, can be appreciated simply as artefacts, as snapshots in effect of the prisoner's reality as both prisoner and photographer experienced it. A documentary original photograph is not the same thing at all as a contemporary "interpretation" of it, and visitors viewing the photographs in commercially exploitative contexts may well express a preference for the naked artefact instead of the prison theme park's confections that subjugate their experiences when they visit a venue such as Port Arthur or view the compromised collection at the National Library of Australia, especially when viewing a photograph of their ancestor.



Verso of cdv from T. J. Nevin's original negative, 1875, of Peter Killeen
INSCRIPTION: "Peter Killeen, per M.A. Watson (Taken at Port Arthur 1874)"
QVMAG Ref: 1985_P_0174



On left from the QVMAG (Tasmania):
Peter Killeen, recto number "180"
INSCRIPTION Verso : "Peter Killeen, per M.A. Watson (Taken at Port Arthur 1874)"
QVMAG Ref: 1985_P_0174

On right from the NLA (Canberra):
Peter Killern [sic], per M.A. Watson, taken at Port Arthur, 1874
Title from inscription on reverse.
Inscription: title and “221”–In ink on reverse.
Part of collection: Convict portraits, Port Arthur, 1874.
Gunson Collection file 203/​7/​54. http:/​/​nla.gov.au/​nla.pic-vn4270051.

1880: ship's name on inquest returns
The Tasmanian Police Department informed their staff that the only way of identifying elderly paupers on death and at inquests was through the name of the ship on which they arrived in Tasmania. Paupers in public institutions were still identified by their ship's names, and for the purposes of the Coroner at Inquests, the ship's name of the deceased was still vital to correct identification. However, by the 1900s, the majority of prisoners held at the central prison, the Hobart Gaol, were listed as "native-born", meaning they were born locally in Tasmania, so the SHIP category on the RETURNS form had become meaningless.



INQUEST RETURNS
To render these Returns more complete, it is desirable, if the deceased has been a prisoner, to insert in the first column the name of the ship in which such person arrived in the Colony.
Tasmania Reports of Crime
For Police Information Only
Friday, March 26, 1880
Source:Tasmania Reports of Crime, Information for Police 1865-1885 (James Barnard, Government Printer)

Paupers were still a concern for the Coroner. In this return the ship's name is still a key.



Complaints and Correspondence
By 1880, officials at the Police Department were complaining about the extra work involved in listing the name of the prisoner's ship on which he/she arrived in Tasmania, the height of the prisoner, and his or her associations etc on the Returns of Persons on Trial under the Petty Offences Act 21 Vic 12. Their reluctance to record this aspect of a prisoner's past for cases tried at the Police Court was attributed to the time consumed while trying to resurrect the information from old records when the offenders were not known to the younger generation on staff. When the issue arose in correspondence (see below) between the Mayor and the Police Department in February and March 1880, photographer Thomas J. Nevin was both Hall Keeper and Office Keeper for the Mayor's Court and the Municipal Police Office, each housed under the one roof at the Hobart Town Hall with cells in the basement. He too would have felt overworked in his position of supervising inebriated constables on night watch, of making sure the chimneys were swept, of preparing the Hall for exhibitions and concerts, of maintaining the grounds and watering the trees out front, and for keeping police photographic records taken by him at the MPO current with those taken at the Hobart Gaol, mostly with his brother Constable John Nevin.

CIRCULAR REFORMS
These letters were exchanged between the Mayor, William Henry Burgess; the Superintendent of Police, Frederick Pedder; and the Inspector of Police at H. M. Gaol, John Swan the younger. They were photographed for this weblog at the Tasmanian Heritage and Archives Office in 2014.



TAHO Item Number: AF104/1/1
Description: Police Correspondence
Start Date: 01 Jan 1874
End Date: 31 Dec 1951
Taken at the Tasmanian Archives and Heritage Office 2014
Photo copyright © KLW NFC 2014

TRANSCRIPT
CIRCULAR
29th Feb 1880
Re: Police Weekly Returns
Circular
The Inspector of Police presents his compliments to His Worship the Mayor of Hobart Town and will feel obliged by his causing him to be regularly furnished with a weekly report of persons convicted or committed for trial in the Municipality of Hobart Town,. also by supplying the same information for the months of January and February
Office of
Inspector of Police
29.2.80
Rec. 3/3/80 HW [Henry Wilkinson]



TRANSCRIPT
Copy
Town Clerk's Office
29th March 1880
Sir
I have the honor to acknowledge the receipt of your circular of the 27th ultimo, in which you apply for a Weekly Report to be regularly furnished of persons convicted or committed for Trial within this Municipality.
In reply I beg to state that having given the subject mature consideration, I find that the compilation of these Returns would so considerably increase the work of the Police Department, that I regret to say, I see no prospect of its being carried out, in the face of the difficulties presenting themselves.
A large proportion of cases are heard and determined at the Police Office, in which the parties thereto are unknown to the Police, and it appears to me that the inquiries to -
[addressed to] John Swan Esq
Inspector of Police
[cont... next image]



[... cont from previous image]

TRANSCRIPT
to be made of many of them, for the required information for filling in the Printed Forms would be inappropriate and unsuitable, to the altered condition of present circumstances.
I would remind you that, a Weekly Return is already furnished to you of all persons convicted under the Petty Offences Act 21 V 12, which consist of simple Larceny, Embezzlement, Receiving Stolen Property etc, Obtaining Property by false pretences.
After consideration I think you will see that the amount of work involved by these Returns is such, that they cannot be furnished by the Department, although I am most happy to supply at all times everything within my power
I have the honor to be
Sir
Your obedient servant
M.H. Burgess
/signed/
Mayor



TRANSCRIPT
Office of Supt Police
Hobart Town
March 13th 1880
The Right Worshipful The Mayor
Sir
To furnish the particulars required to complete the Return asked for by the Inspector of Police would considerably increase the work of this department and cannot be done, again there are a large number of cases heard and disposed of at the Police Court in which the parties thereto are unknown to the Police and it would appear to be out of place to enquire their Ship, to take their height, and make enquiry as to their associations etc. A weekly Return is already furnished to the Inspector of Police of all persons convicted under the Petty Offences Act 21 Vic No 12, which consist [?] of
Simple Larceny
Embezzlement
Receiving Stolen Property etc
Pawning Property etc
Obtaining property by false pretences etc
I most respectfully submit that the Return now asked for by The Inspector [cont ...next image] cannot possibly be furnished by this Department.
I am Sir
Your Obt Servt
Fr Pedder
Supt Police



[... cont from previous image]

TRANSCRIPT
cannot possibly be furnished by this Department.
I am Sir
Your Obt Servt
Fr Pedder
Supt Police



[on right]

TRANSCRIPT
Transmitted to the Sup: of Police with blank printed Forms - he will be pleased to attend to it now and in future -
To be returned (By Order)
Henry Wikinson
Town Clerk
3/3/80
Source: Archives Office of Tasmania
Item Number: AF104/1/1
Description: Police Correspondence
Start Date: 01 Jan 1874
End Date: 31 Dec 1951
Taken at the Tasmanian Archives and Heritage Office 2014
Photos copyright © KLW NFC 2014

Photo insensitive
So in a sense, as this correspondence between the Mayor, the Inspector of Police, and the Superintendent of Police would suggest, the reluctance to include the name of the prisoner's ship etc on the Returns was due to several factors apart from lack of time to investigate original records. The ignorance of a younger generation of staff with no background knowledge of the cohort of transported re-offenders was one reason, another was their questioning the social value of that information. Alison Alexander has termed this process as simply "forgetting".



Many publications about Tasmania's convict heritage which include photographs of prisoners never fail to treat the photograph as a transparent visual record of a man transported from Britain to the Port Arthur prison in Van Diemen's Land, despite the fact that prior to the cessation of transportation in 1853 no transported convict was ever photographed on arrival, and that the men in these 1870s photographs were recidivists, habitual offenders and common criminals by the time they were photographed at the Hobart Gaol by T. J. Nevin. Such publications trot out the usual stereotypical markers of convictism: the name of the prisoner, always designated "convict", the date he was transported to Australia, the gaol always as Port Arthur, and the name of the ship on which he arrived, rather than the local crime for which he received a sentence at the Hobart Supreme Court and a mugshot on incarceration and discharge by T. J. Nevin between 1872 and 1880. Alison Alexander's inclusion of a few photographs of "convicts" in the publication Tasmania's Convicts: How Felons Built a Free Society (2010) turns her profiteering of the stereotype back onto the photographer and prisoner: under the photograph of Thomas Harrison - captioned as "An unidentified convict at Port Arthur in the 1870s " - she deflects responsibility for her use of the stereotype on the photographer and prisoner as creators of " the stereotype of the 'criminal look'. " In similar manner, Robert Hughes' massive publication The Fatal Shore (1987)included the same prisoner on a page featuring eight "products of the system". For more discussion on this photograph of Thomas Harrison, see this article posted here.

As for the other two photographs on this page in Alexander's Tasmania's Convicts: How Felons Built a Free Society (2010), the caption describing prisoner John Funt  - "still a convict at Port Arthur in the 1870s" - is misleading: John Funt was transported on the Hydrabad in 1850, served seven years, and was freed in 1862 until he was sentenced to 10 years in 1867 for robbery. T. J. Nevin took the one and only extant photograph of John Funt on the prisoner's discharge from the Hobart Gaol in 1875. The caption beneath the full length cabinet photograph of William Thompson, the third image on this page in Alexander (2010) - " ... dressed in his Port Arthur outfit in the 1870s" - is also misleading. Convictaria collector John Watt Beattie took this studio photograph in 1900 of Thompson who was a tourist guide at Port Arthur decades later than the misleading mention of the date "1870s". Ultimately, the authors' omission of the identity of the photographers and their working contexts in each instance is both ahistoric and indifferent to facts, whether for Thomas J. Nevin at the Hobart Gaol and Town Hall MPO supplying the police and prison authorities with 1870s mugshots of prisoners Thomas Harrison and John Funt, or for collector and commercial photographer John Watt Beattie at his convictaria museum and studio in Hobart staging this 1900s postcard of William Thompson for the tourist trade.



"Your Obt Servt Fr Pedder Supt Police"
Photo copyright © KLW NFC 2014

RELATED POSTS main weblog

Woman with pink ribbons by Thomas Nevin 1870s

WOMEN CLIENTS clothing
HAND-TINTED cartes-de-visite Aboriginal Tasmania
CITY PHOTOGRAPHIC ESTABLISHMENT Thomas J. Nevin





National Gallery of Victoria Catalogue Notes
No title (woman wearing a bonnet with a pink bow), carte-de-visite
(1865-1867)
T. NEVIN, Hobart
Medium albumen silver photograph, watercolour
Measurements 9.5 × 5.8 cm (image and support)
Place/s of Execution Hobart, Tasmania
Inscription printed in ink on support on reverse c. AD ALTIORA / CITY PHOTOGRAPHIC ESTABLISHMENT / T. NEVIN. / LATE / A. BOCK. / 140 ELIZABETH ST / HOBART TOWN. / Further copies / can be obtained at / any time.
Accession Number 2003.395
Department Australian Photography Credit Line National Gallery of Victoria, Melbourne
Presented through the NGV Foundation by John McPhee, Member, 2003

This carte-de-visite of an unidentified older woman, one of many older women who favoured Thomas Nevin's services for this type of full-length studio portrait, is unusual in that the pink tint applied to the ribbons tied in a bow at her neck is the same shade of pink applied to the ribbons worn by Pangernowidedic in a reprint, ca. 1875 of four Tasmanian Aborigines who were photographed originally in 1864 as a series at Government House (see below).



National Gallery of Victoria 
No title (woman wearing a bonnet with a pink bow), carte-de-visite
Photographer T. NEVIN, Hobart

The verso stamp of this cdv bears photographer Thomas J. Nevin's most common extant commercial design which he adapted from a late example of his predecessor's, Alfred Bock, when Nevin acquired the business, the City Photographic Establishment, on Bock's departure from Tasmania in 1867. The verso stamp on this carte-de-visite is identical to the cdv (below), taken of Elizabeth Bayley in late December 1874 (Tasmanian Museum and Art Gallery collection), and printed in blue ink rather than black. The chair, carpet and table are the same in both cdvs, suggesting their captures date within days or months of each other, although the NGV has dated their photograph to 1865-1867. Both women were also photographed with the same body orientation to the viewer's left. The older woman directed her gaze to the right of the photographer, while the younger woman fixed her stare squarely at him. The cdv of Elizabeth Bayley held at the TMAG, however, is not tinted.





Verso of cdv which bears Nevin's common commercial stamp.
TMAG Ref: Q2012.28.28



Tasmanian Museum and Art Gallery Collection
TMAG Ref: Q2012.28.28

[Above]: Full length cdv on plain mount: Elizabeth Bayley, second wife of Captain James Bayley of Runnymede, New Town, Tasmania,
Studio portrait by Thomas Nevin late December 1874.
Verso with studio stamp: “Ad Altiora” above Kangaroo emblem, T. Nevin late A. Bock encircled by belt printed with “City Photographic Establishment” and address below, “140 Elizabeth St. Hobart Town”. In italics below: “Further Copies can be obtained at any time”.

Pink and Blue Tinting
The original session in which this photograph was taken of Tasmanian Aboriginal people identified by Julie Gough (2014) as William Lanne (male, seated), Mary Ann (standing), Trucanini (on viewer's right) and Pangernowidedic (on viewer's left) is dated 1864 and widely credited to the studio of Henry Albert Frith of 19 Murray Street, Hobart. The original photograph was mass produced over the next 40 years in various formats, as a large albumen silver photograph (NGA), as a sennotype, as a lantern slide, and as a plain mounted rectangular carte-de-visite. A reproduction was obtained by Sir George Grey (1812-1898), Governor of New Zealand, probably ca. 1882 through requests in letters (Auckland PL manuscripts) made to the former Tasmanian Surveyor-General James Erskine Calder for long-neglected Tasmaniana. Calder sourced books mainly from bookseller William Legrand and photographs from John Watt Beattie whose major source of early Tasmanian photographers' work for his own commercial reproduction from the 1890s onwards was the Royal Society's Museum. This one sent to Grey was not a late Beattie reproduction; it was an older reproduction, a hand-tinted copy from the 1870s already held by the Museum when it was sourced and sent to Grey in New Zealand, and which he shortly afterwards donated to the Auckland Art Gallery in 1893.



Auckland Art Gallery
Title: The Last of the Native Race of Tasmania
Production Date:
Medium: black and white photograph, hand coloured
Size (hxw): 200 x 170 mm
Inscription:
THE LAST OF THE NATIVE RACE OF TASMANIA / ALL DEAD / THE ORIGINAL PICTURE TAKEN FOR THE TASMANIAN GOVERNMENT AND PLACED IN THE MUSEUM, HOBART, 1865. PHOTOGRAPHY BY H.A. FRITH. PUBLISHED IN THE ILLUSTRATED LONDON JOURNAL , 7TH JANUARY 1865 (PAGE 13). A LARGE COPY, TAKEN FROM THE ORIGINAL NEGATIVE, HAS BEEN PURCHASED BY SIR GEORGE GREY, TO BE PLACED IN THE ART GALLERY, AUCKLAND.
Credit Line: Auckland Art Gallery Toi o Tāmaki, gift of Sir George Grey,1893
Accession No: 1893/2 Other ID: 1893/2/A
http://www.aucklandartgallery.com/the-collection/browse-artists/723/henry-albert-frith

This second photograph dates from the same sitting in 1864 with minor changes to seating positions and clothing. It is also a hand-tinted reproduction dated ca. 1875 by Jane Lennon when John Hawkins published it in 2008. Hawkins notes the seating re-arrangement but not the fact that the balustrades on the upper internal balcony on either side of the sitters are more visible, while the tops of the columns are not. This may be another photographer's negative, perhaps one taken by someone working with Frith, Letitia Davidson, for example, who may have been present on the occasion, which was the annual Ball held at Government House in honour of Queen Victoria's birthday (May 27th, 1864). The print is not as carefully reproduced as the one above, and the hand-tinting differs slightly as well.

The note to this print dates it as ca. 1875 (Plate 13: Hawkins 2008)





[Source]: John Hawkins, A Suggested History of Tasmanian Aboriginal Kangaroo Skin or Sinew, Human Bone, Shell, Feather, Apple Seed & Wombat Necklaces
Published Australiana, November 2008 Vol. 30 No. 4
Note to this photograph (Plate 13: Hawkins 2008)
"Courtesy Jane Lennon Antiques, Hobart,"
http://www.jbhawkinsantiques.com/uploads/articles/TasmanianAppleseedNecklacesAustraliana-PDF.pdf

Both of these reproductions were hand-tinted after printing at dates later than the 1864 original sitting, These two images were not processed as sennotypes of the 1860s for which both Henry Frith and Alfred Bock were renowned exponents, nor were they reproduced in the genre of photographic portraits painted over in oils which were much sought after in the 1890s. These reproductions were delicately tinted by studio colorists in the 1870s, using three colours: blue, yellow, and pink, typically applied to some feature of apparel and to some facial features. This palette and application to prints is typically found on Nevin's portraiture of family, clients, and convicts. In similar manner to the tinting of NGV's full-length portrait of the unidentified woman by Nevin, the colorist ca. 1875 applied the same shade of pink tint to the same object of clothing in this image, namely to the ribbons worn by Pangernowidedic, seated next to William Lanne on extreme left.

Another photograph (below, and its negative) taken minutes apart from the tinted one above shows slight changes to the poses of the two sitters on the left, William Lanne and Pangernowidedic. Both face the front to look directly at the camera and photographer in this capture, whereas their heads in the tinted photograph (above) are orientated towards the viewer's right. Another change is the placement of William Lanne's right hand on his knee, which in the tinted photograph is in his pocket. Pangernowidedic's hand too is extended, whereas in the tinted photograph she held it clenched. The other two sitters, Mary Ann (standing) and Trucanini (on viewer's right) show barely any variation at all in their poses for each of the two captures.



Title: The last of the Tasmanian natives, 1864 / photographer Mr. Henry Albert Frith, Hobart Town
Item identifier: 93QVxNQ1
Permalink: https://collection.sl.nsw.gov.au/record/93QVxNQ1
State Library of NSW

The plate from which prints were obtained for this photograph was offered at auction recently by Gowans, Moonah, Tasmania, 19th June 2015. The first is the negative of the SLNSW copy, digitally flipped to show the composition as it appears on the positive print; the second is the negative of the SLNSW copy.



Above: this is the negative, digitally flipped to show the composition as it appears on the positive print of the SLNSW copy
Below: this is the negative of the SLNSW copy as it appeared when offered for sale.



The plate's provenance or previous ownership is unknown after its first use. The colonial government issued the commission first in 1864 to underscore the official narrative that the civilizing of Tasmanian Aborigines had been a successful endeavour, hence the dressing up of the sitters in elaborate European clothing and their presence at official events commemorating Queen Victoria's birthday. The plate may have arrived at Thomas Nevin's studio for reproduction in the early 1870s through requests for further prints by the colonial government as the belief that Tasmanian Aborigines were near extinction was becoming more widespread. Once Thomas Nevin ceased contractual work in 1888, his commercial and government stock was passed on to photographer and collector John Watt Beattie whose government commission from the 1890s was the promotion of Tasmania's heritage in intercolonial markets. The stock phrase to tout this and many more images of Tasmanian Aborigines in the name of tourism at the turn of the 20th century was "Last of Tasmanian Aborigines".



"Last of Tasmanian Aborigines".
Printing Plate 7 x 10cm
Gowans auction, Moonah, Tasmania, 19th June 2015

Vignetted portraits of Tasmanian convicts from the 1870s-1880s are relatively rare, and hand-tinted portraits even more remarkable, given the photographs were taken for daily use by police in the course of surveillance, detection and arrest. Prisoner identification photogaphs (portraits or mugshots) were taken and printed by commercial photographer Thomas J. Nevin from 1872 to 1876 for the Municipal Police Office registry, Hobart Town Hall, while he was still operating from his studio, the City Photographic Establishment, 140 Elizabeth St. Hobart, and thereafter to 1888 while in civil service. Nevin and his assistants printed several mugshots as vignettes (cloudy background) and hand-tinted the prison-issue, check-patterned scarf in light blue to better identify the sitter as a prisoner. At least seven of these hand-tinted prisoner photographs by Nevin are held in public institutions (NLA, TMAG, and SLNSW). This one taken of prisoner Job Smith, alias William Campbell, was hand-tinted by Nevin's studio with the same duck-egg blue tint used on the 1875 reprint of the four Tasmanian Aborigines. It dates to May 1874 when Nevin returned with Job Smith, known then by his alias William Campbell, from Port Arthur to be tried for rape at the Supreme Court, Hobart. Job Smith was executed on 31st May 1875.





Prisoner Job Smith alias CAMPBELL alias BRODIE
Photographed by T. J. Nevin, Hobart, February 1874
Vignetted copy (cloudy background) neck scarfand hand-coloured pale blue
Photo taken at the National Library of Australia, 16 December 2016
Photos copyright © KLW NFC 2015 ARR. Watermarked

RELATED POSTS


Prisoner James BRADY 1873-1874

James Brady was photographed at the Hobart Gaol by Thomas J. Nevin on two different occasions. Three extant images from those two sittings are held in three public collections, viz. the Queen Victoria Museum and Art Gallery, the Tasmanian Museum and Art Gallery, and the National Library of Australia. James Brady was a soldier of the 2/14 Regiment, 31 years old, when he arrived in Tasmania on board the troop ship Haversham in August 1867. He was branded with the letter “D” as a deserter and sentenced to 8 years for forgery and uttering in 1868.



Detail: print of James Brady from T. J. Nevin's negative 1874
From forty prints of 1870s Tasmania prisoners in three panels
Original prints of negatives by T. J. Nevin 1870s
Reprints by J. W. Beattie ca. 1915
QVMAG Collection: Ref : 1983_p_0163-0176

The photograph taken in 1874
The photograph (above) is an unmounted sepia print from the negative of Thomas Nevin's sitting with James Brady taken on discharge in the week ending 21st January 1874. It is held at the Queen Victoria Museum and Art Gallery.  In 1916, John Watt Beattie salvaged this unmounted print from the Hobart Gaol records for display at his "Port Arthur Museum", located in Hobart, and for inclusion in  intercolonial exhibitions of convictaria associated with the fake convict hulk, Success, in Hobart and Sydney. Beattie pasted this print on one of three panels displaying forty prisoners in total.



The print of James Brady is bottom row, second from right.
Panel 1 of forty prints of 1870s Tasmania prisoners in three panels
Original prints of negatives by T. J. Nevin 1870s
Reprints by J. W. Beattie ca. 1915
QVMAG Collection: Ref : 1983_p_0163-0176

Thomas Nevin also printed this photograph of prisoner James Brady as a carte-de-visite in a buff mount, now held at the Tasmanian Museum and Art Gallery. The mounted cdv was held at the QVMAG until it was removed in 1983-4 for an exhibition at the Port Arthur prison heritage site, returned instead to the TMAG. Both formats - the unmounted print and the mounted cdv - were pasted to the prisoner's criminal record sheets over the course of his criminal career, held originally at the Hobart Gaol and in Photo Books at the Municipal Police Office, Hobart Town Hall which issued Thomas Nevin with this commission to provide police identification photographs from 1872.



Prisoner James BRADY
Photographer: Thomas J. Nevin
Taken at the Hobart Gaol, January 1874
TMAG Ref: Q15604



Verso of cdv: Prisoner James BRADY
Photographer: Thomas J. Nevin
Taken at the Hobart Gaol, January 1874
TMAG Ref: Q15604

The verso of this cdv shows evidence of removal from thick grey paper or board. Transcribed subsequently over the grey scraps with "James Brady per Haversham Taken at Port Arthur 1874" is incorrect information, written in 1916 after this cdv of Brady was exhibited by Beattie, using the terms "Types of Imperial Convicts", "Port Arthur" and the date "1874" to appeal to local and interstate tourists by association with Marcus Clarke's novel of 1874, For the Term of His Natural Life, which was filmed at the prison site at Port Arthur. Renamed as Carnarvon,  it was promoted as Tasmania's premier tourist destination. In short, the transcription of the verso of this prisoner mugshot, as with hundreds more from Beattie's estate acquired by the QVMAG on his death in 1930, is tourism propaganda which reflects neither the actual place and date of the photographic capture nor the prisoner's criminal history.

Aliases 1871-1873
When Thomas Nevin took this earlier photograph at the Hobart Gaol of a younger James Brady, 34 years old, with a full head of curly hair on Brady's petition for discharge to the Attorney-General in August 1873, his photographer's headrest was visible. James Brady's aliases were Edward James and James James. This prisoner was not sent to Port Arthur at any time in his criminal career. The Conduct Register records  (CON94/1/1  p44) show Port Arthur offences struck through because he was only ever incarcerated at the Hobart Gaol from where he lodged three petitions for discharge between 1871 and 1873 . This prisoner photograph by T. J. Nevin of James Brady is now held at the National Library of Australia.



This is an earlier photograph of James Brady, alias Edward James and James James, taken in August 1873 by Thomas J. Nevin at the Hobart Gaol.

NLA Catalogue Ref: nla.obj-142920868
Title James Brady, per Haversham, taken at Port Arthur, 1874 [picture]. NB: incorrect information.
1 photograph on carte-de-visite mount : albumen ; 9.4 x 5.6 cm. on mount 10.5 x 6.3 cm.
Inscription: "107 & 171 ; James Brady, per Haversham, taken at Port Arthur, 1874"--In ink on verso.

Police Records for James Brady
James Brady was a soldier of the 2/14 Regiment, 31 years old, when he arrived in Tasmania in August 1867 on board the Haversham from Adelaide, South Australia, where the 14th Regiment was stationed.
Brady, James
Convict No: 6647
Voyage Ship: Haversham
Arrival Date: 01 Jan 1868
Conduct Record:  CON37/1/10 p5765,  CON94/1/1  p44
Remarks: Soldier 2/14th Regiment. Tried Hobart July 1868\
Source: Archives Office Tasmania



James Brady record 1868-1873
His place of departure is not recorded. 
Brady lodged three petitions between 1871 and 1873 which were declined
TAHO Ref: CON94/1/1  p44



TAHO Ref: CON37/1/10 p5765

Within a year of arrival in Tasmania, James Brady was convicted of uttering a forged cheque on 7th July 1868, and sentenced to eight years at the Supreme Court, Hobart.



James Brady, Free to Colony [FC] , was convicted at the Supreme Court Hobart in the July 1868 sitting, sentenced to eight years for uttering a forged cheque. He was described as 34 years old,



James Brady had been discharged from sentence in July 1869. A warrant for his arrest with the alias James James was issued on 26 August 1870, charged with stealing one cotton rug and two blankets.



James Brady, alias Edward James and James James was arrested on 26 April 1871.



James Brady alias Edward James and James James was convicted of larceny at Oatlands in the week ending 29 April 1871. His sentence being longer than three months, he was incarcerated once again at the Hobart Gaol. He had given a false name, age and ship of arrival when convicted in Oatlands. The Hobart Gaol corrected his record per the police gazette notice when he was discharged in 1874.

Between 1871 and 1873, James Brady lodged petitions to the Executive Council and the Attorney-General (W. R. Giblin) for freedom, but all three requests were declined. Once Giblin's refusal was on record, Thomas Nevin was required to photograph this prisoner (among the many others with similar declined petitions) by  the A-G, W. R. Giblin who had issued the police photographer commission to Nevin in February 1872 after the visit to Hobart by the judiciary and senior officials of the colony of Victoria (former Premier O'Shanassy and A-G Spensley). Thomas Nevin took and printed this photograph at the Hobart Gaol in August 1873, and not at Port Arthur, because James Brady was never incarcerated there (item held at the NLA).





Detail: James Brady convict record Hobart Gaol 1868-1873 
Brady lodged three petitions between April 1871 and August 1873 which were declined
TAHO Ref: CON94/1/1  p44



Source: Tasmania Reports of Crime Information for Police, J. Barnard, Government Printer

When James Brady was discharged in late January 1874 with the residue of his sentence remitted, the police gazette (above, p. 16 January 1874) noted that that he was Free to the Colony (FC) and that he was tattooed with the letter "D" on his left breast: he was a deserter from the military, one of several prisoners bearing the deserter tattoo who were photographed by Thomas J. Nevin, including prisoner Denis Doherty, made famous by Anthony Trollope's visit to the Port Arthur prison in 1872.



Mark of a Deserter (Army Medical Services Museum), in Chapter 3 of Hilton, P J 2010 ,
"Branded D on the left side" : a study of former soldiers and marines transported to Van Diemen's Land: 1804-1854
PhD thesis, University of Tasmania:
Link: https://eprints.utas.edu.au/17678/2/Hilton_Thesis.pdf



Barnard, Simon Convict tattoos : marked men and women of Australia.
Melbourne, Vic. The Text Publishing Company, 2016.
Website: https://www.simonbarnard.com.au/product/convict-tattoos/

Addenda 1: The Press Reports



T. J. Nevin's second photograph of James Brady was taken on discharge from the Hobart Gaol in the week ending 21st January, 1874. TMAG collection.

Private James Brady was stationed at Adelaide, South Australia, when the troop ship Haversham arrived there with a detachment of the 50th Regiment on August 9th, 1867 from the Māori conflict at Taranaki, New Zeland. War had broken out at Waitara in March 1860, fought by more than 3500 imperial troops from Australia. The second Taranaki War flared in 1863: -

A total of 5000 troops fought in the Second Taranaki War against about 1500 men, women and children. The style of warfare differed markedly from that of the 1860-61 conflict as the army systematically took possession of Māori land by driving off the inhabitants, adopting a "scorched earth" strategy of laying waste to the villages and cultivations of Māori, whether warlike or otherwise. As the troops advanced, the Government built an expanding line of redoubts, behind which settlers built homes and developed farms. The effect was a creeping confiscation of almost a million acres (4,000 km²) of land.

Source: Wikipedia - extract



Source: The Cornwall Chronicle (Launceston, Tas. : 1835 - 1880) Wed 14 Aug 1867 Page 2 SOUTH AUSTRALIA.

TRANSCRIPT
The troop ship Haversham, about which some anxiety has been evinced, having been out from Taranaki [New Zealand], with a detachment of the 50th regiment on board, since the beginning of July, arrived last night.
On the 14th August, the Haversham sailed for Hobart, Tasmania with soldiers of the 14th Regiment who were stationed at Adelaide. Private James Brady was aboard.



Source: The Cornwall Chronicle (Launceston, Tas. : 1835 - 1880) Wed 21 Aug 1867 Page 3 SOUTH AUSTRALIA.

TRANSCRIPT
SOUTH AUSTRALIA.
Adelaide, August 10.
The detachment of the 50th Regiment, which arrived in the Haversham, were disembarked at an early hour this morning, and reached Adelaide by train from the Port at 10 o'clock. The Haversham is under orders to convey the men of the 14th, at present stationed here, to Hobart Town.
The Haversham arrives at Hobart



Source: The Mercury (Hobart, Tas. : 1860 - 1954) Sat 24 Aug 1867 Page 2 SHIPPING INTELLIGENCE

TRANSCRIPT
THE Haversham troop transport barque, 489 tons, Captain James B. [Byron] Sherlock, from Adelaide the 14th inst., arrived on Thursday evening with two companies of H. M. 14th Regt., to join the troops already in garrison here. The detachment numbered 172 rank and file, 22 women and 52 children. The troops were under the command of Major Vivian, and there were also on board Captain Fairtlough, Mrs. Fairtlough, and servant, Assistant Surgeon Bennett, 3 children and servant, Ensign Churchward, and Ensign Barne. The troops were received on board the Twins steamer* yesterday shortly after 12 o'clock, and landed during the afternoon.
* The Twins steamer was the name used by locals for the SS Kangaroo which was built by Elizabeth Rachel Nevin's uncle, Captain Edward Goldsmith, in 1854.



Coals for sale from the Haversham
The Tasmanian Times (Hobart Town, Tas. : 1867 - 1870) Thu 29 Aug 1867 Page 1 Advertising

James Brady's crime - he couldn't spell
Private James Brady was in the 2nd detachment of the 14th Regiment to arrive in Hobart on board the Haversham. Soon after arrival, he deserted and was imprisoned, together with another deserter, and a third awaiting trial before a Garrison Court Martial. James Brady with Jones and Hagon, the two other prisoners, broke out of the Military Guard Room, and attempted to obtain cash from the publican of the Eagle Hawk Inn (North Hobart) by forging the signature of Major Vivian on a cheque.



Source: The Mercury (Hobart, Tas. : 1860 - 1954) Wed 10 Jun 1868 Page 2 THE MERCURY.

TRANSCRIPT
Impudent Case of Forgery.-It will be seen by our police report that the three soldiers of the 14th Regiment, Brady, Jones, and Hagon,were committed for trial, for uttering a forged cheque, and obtaining money upon it from Mr. Jones, of the Eagle Hawk, New Town Road. The document purported to be signed by Major Vivian, but the major said it was not at all like his writing, and the perpetrator had not even spelt his (the major's) name correctly. The three prisoners had broken out of the Military Guard Room, one of them awaiting trial before a Garrison Court Martial. They are all said to be bad characters.and they did not make any defence. The picket went out in search of them, and went to the prosecutor's house when he related the fact of their having changed the cheque with him, and the sergeant, believing it to be a forgery, had them escorted to the barracks, and Major Vivian afterwards had them handed over to the civil power.



The Mercury (Hobart, Tas. : 1860 - 1954)  Wed 10 Jun 1868  Page 3  LAW INTELLIGENCE.

Forgery by Soldiers.-James Brady, Wm. Jones, and Christopher Hagon, private soldiers of H.M. 2-14th Regiment, were again brought up charged with uttering a forged cheque for £4 17s. with intent to defraud.
Major Vivian proved that he knew nothing of the cheque produced. He had not kept an account at the Commercial Bank.
Thomas Henry Jones, of the Eagle Hawk, New Town Road, proved that on the evening of Wednesday last prisoners came to his house about six o'clock. Brady called for drink and tendered in payment a cheque purporting to be signed by Major Vivian on the Commercial Bank for £4 17s. He asked if witness would cash it ; witness asked who gave it him ; he said the Major had given it as part of his bounty money, he having enlisted again for seven years. Witness said, " Is that the Major's signature?" He replied, "Oh yes." Witness said he was not acquainted with his signature, and he did not like to cash cheques unless he were ; he asked the other two if they knew the signature and if they knew it was correct. They both said " yes." The prisoner Jones took the trouble to read over the cheque to him. Witness said he did not like to cash the cheque, in fact he had not got sufficient to cash it with. Brady then asked him to let him have part of it. Witness said he would let him have as much as £11 7s,, that would leave £3. He had made a purchase of socks, and other things down the street, and wanted to pay for them ; witness said he would let him have 50s which he consented to take, and to have the remainder next day when he cashed the cheque. They stopped some time after and had some drinks, when tho picket came and took them in charge. Witness told the sergeant Brady had cashed a cheque of the Major's, and on showing it to him he pronounced it a forgery. The Sergeant went outside and saw Brady put a paper into his mouth, he seized him, had him brought into the house aud searched, when 11s. in silver was found. Witness retained the cheque, and on the following morning went up to the barracks, and showed the cheque to the Major, who said it was a forgery, nothing like his signature, and his name  mis-spelt. Witness afterwards reported the matter to Detective Vickers, and subsequently handed the cheque to Detective Morley.
By Hagon : You were in the tap-room when the cheque was presented to me.
Sergeant Edward Johnson, 2-14th Regiment, proved that he knew the prisoners, and remembered going to the Eagle Hawk on the evening of the 3rd, in charge of the picket, when he saw them there. They had broken out of the guard-room that day. Witness took them in charge The prisoner Brady put a piece of paper in his mouth, which he thought was a £1 note ; he was unable to get it from him. On the way to the barracks under escort, Brady told witness ho had forged on Major Vivian for £7 and the ____  could not try him for it by court martial. The prisoner Brady had re-enlisted for seven years about February last.
Detective Morley produced the cheque, and deposed that on the 5th the three prisoners were handed over to his custody by the military authorities at the watch-house. The three men, who said nothing in defence, were then committed trial. This was all the business.

The Mercury (Hobart, Tas. : 1860 - 1954)  Wed 10 Jun 1868  Page 3  LAW INTELLIGENCE.

James Brady remanded for sentence



TRANSCRIPT
FORGERY AND UTTERING.
James Brady and William Jones, two soldiers of H.M. 2-14th Regt, were charged with forgery and uttering on the 3rd June.
Thomas Henry Jones, a licensed victualler in Hobart Town, said the prisoners came to his house about six o'clock on the evening of the 3rd June. Brady tendered the cheque produced which he said was signed by the Major. Jones also said it was the Major's signature. Witness gave Brady 50s. and his wife handed the man the money : there was £1 l5s. in silver and a £1 note. .
On His Honor pointing out that this could not be so, witness said he thought his wife gave Brady 30s. in silver. After he had cashed the cheque the sergeant in charge of the picket came up and pronounced the cheque a forgery.
Both prisoners cross-examined tho witness at some length, but adduced nothing now or favourable to
their case.
His Honor (to witness) : You say in one part of your evidence that Brady gave you the cheque in the tap-room, and in another part that he gave it to you in front of the bar. How do you reconcile this statement ?
The witness said that if he had made the latter statement he had made a mistake.
Major Vivian proved that the cheque was a forgery. He thought the writing was that of Brady.
Edward Johnson, a sergeant of the 2-14th Regiment, stated that when he took charge of the prisoners at the Eagle Hawk Hotel he took 10s. 8d. from one of the prisoners, and had to get a piece of paper, which looked like a note, out of his mouth.
Brady : Was I drunk or sober when you took me ? Witness (addressing His Honor): He was apparently drunk.
Brady (to witness) : You'll address yourself to me, sir, when I ask a question. This is not a Court Martial.
His Honor, in summing up, said there were two counts, the first against Brady of forgery, and the second against both prisoners of uttering. He thought, however, it would greatly simplify matters if the jury considered the case entirely upon the second count. He then proceeded to review the evidence, remarking that that of the publican was very unsatisfactory. He did not mean to say that this was intentional on the part of this witness, but there certainly was a looseness about his testimony, which should cause the jury to look at it carefully before receiving it. The facts adduced against Brady appeared to be such that he could suggest no doubt in the minds of the jury as to that prisoner's guilt. But the case of Jones was far different. His Honor proceeded to point out the difficulty which existed in connecting Jones with the offence.
The jury then retired, and after a few minutes' deliberation, returned with a verdict of guilty against Brady on the second count ; Jones they found not guilty. Jones was therefore discharged, and Brady was remanded for sentence.
Source: The Mercury (Hobart, Tas. : 1860 - 1954) Wed 8 Jul 1868 Page 2 LAW INTELLIGENCE.

Addenda 2: The Eagle Hawk Hotel
The licensed victualling house where James Brady was arrested by Edward Johnson, a sergeant of the 2-14th Regiment, was recorded in the newspaper report in July 1868 as "The Eaglehawk Hotel" in New Town Road, Hobart. By the 1930s another building on the site had become the Commercial Hotel, Elizabeth Street, North Hobart. The same building reverted to the original name - more or less - the "Eagle Hawk Inn" sometime in the late 20th century, present address 381 Elizabeth St; North Hobart, Tasmania 7000.



Item Number: PH30/1/3751
Description: Photograph - Funeral procession of A G Ogilvie in Elizabeth Street, North Hobart. Shows Commercial Hotel, Soundy's and the Liberty Theatre (Later State Theatre)
Start Date: 10 Jun 1939



Title:Photograph - Front view of the Commercial Hotel, corner of Federal and Elizabeth Streets, Hobart, 1940s?
ADRI:PH30/1/522
Source:Archives Office of Tasmania



Eagle Hawk Inn Hotel North Hobart Tasmania 2009
Copyright Glenys Cruickshank at Flickr