Showing posts with label Private Collections. Show all posts
Showing posts with label Private Collections. Show all posts

Leski's auction of T. J. Nevin's 1870s "Tasmanian Convict Photographs", 7 Dec 2024

Rare 1870s photographs of Tasmanian prisoners auctioned at LESKI's (7.12.2024)
Tasmanian commercial and police photographer Thomas J. NEVIN
Tasmanian convictarian John Watt BEATTIE

The Special Case of Thomas Wilson's Mugshot
On Saturday 7 December 2024 at Leski's Auctions, Melbourne (Victoria) , seven copies of prisoner identification photographs in carte-de-visite format (mugshots) taken of Tasmanian prisoners in the 1870s were offered for sale (Lots 357-363, Catalogue #513 Convicts and Historical).

The original photographs were taken by government contractor Thomas J. Nevin at the Hobart Gaol in the 1870s on prisoners being received and discharged per regulations in force by 1873 in Victoria and NSW. There were more 19th century mugshots on offer at Leski's auction that day of Tasmanian and Victorian prisoners (e.g. Ned Kelly) but only those seven inscribed verso in an archivist's or collector's hand ca. 1890-1900 with the prisoner's name, ship, and the phrase "Taken at Port Arthur 1874" attracted a starting bid of $850 each, with estimates between $1000-$1500. Every single one of these 1870s "TASMANIAN CONVICT PHOTOGRAPHS" was sold on or above the starting bid, with Lot 360 - prisoner Thomas Wilson - reaching an historic record at sale of $1500 or approx. $2000 with buyer's premium, a curious outcome that might be explained by its rarity: unaccounted for in public collections was reason enough for a public institution to initiate and step up the bidding regardless of cost.

Sold at Leski's auction for record prices
Auction #513 Convicts and Historical, streaming on 7 December 2024
Link: https://www.leski.com.au/auction/australian-historical-8/

The following photographs (recto and verso) and brief criminal histories for the seven prisoners whose cdv's were sold were sourced and cited directly from Leski's Auctions online, without modification, 7-8 December 2024.The eighth prisoner's photograph and history (Peter Westway), taken in the last decade of the 19th century, was not sold.

Sales results, Leski's auction 7 December 2024
Lots 357-363 sold to Buyer No. 9190; Lot 364 unsold
Live sale: https://auctions.leski.com.au/auctions/live-sale/id/623

Lot 357:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "28. Alexander Woods, per London. Taken at Port Arthur 1874". Alexander Woods was one of 250 convicts transported onboard the "London", arriving in Van Diemen's Land on 9th July 1844. He had been convicted and court martialled at St. Johns, Newfoundland, and sentenced to 14 years transportation. The prison photograph was taken 30 years after his arrival.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219814/

Lot 358:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "36. Henry Williams per Gov'r Phillip. Taken at Port Arthur 1874". Henry Williams (transported as William Williams), was convicted of Housebreaking at the Supreme Court in Hobart Town and sentenced to 5 years in gaol. He had arrived in Van Dieman's Land aboard the "Governor Phillips". The prison record shows he was discharged in February 1876.

Estimate $1,000 - $1,500 Price Realized $1,300 Status Sold"



View:https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219815/

Lot 359:
TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "97. Robert West per "Gilmore". Taken at Port Arthur 1874". Robert West was convicted at Kent and sentenced to 7 years transportation. He had arrived in Van Diemen's Land aboard the "Gilmore" in March 1832, 42 years before this photograph was taken.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219816/

Lot 360:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "108. Thomas Wilson alias Murphy. per "Dd Clark". Taken at Port Arthur 1874." Thomas WILSON was convicted at Carnarvonshire on 1 Aug 1840 for breaking into a dwelling and stealing. Gaol Report: "vicious, desperate disposition, conduct disorderly & bad connections". 15 year transportation sentence. Sent to Van Diemen's Land per the ship "David Clarke" on it's [sic] only voyage carrying convicts, arriving 4 Oct 1841. He was still in gaol 33 years later. He died in 1893. As a result of his many interactions with the law, quite a lot is recorded about Wilson:

In Van Diemen's Land: Probation Period of 2½ yrs. First station - Flinders Bay. Numerous records of misconduct and punishments. 22 April 1851: Ticket of Leave granted. 27 Sept 1853: Ticket of Leave revoked as he was absent from Muster. 15 Nov 1853: Ticket of Leave restored. 14 Aug 1855: Certificate of Freedom issued. Further offences, in the Colony: 6 Dec 1855: Oatlands - Putting a person in bodily fear and stealing therefrom. 6 yrs penal servitude. Sent to Port Arthur Penal Settlement. 27 April 1860: Discharged. 23 Oct 1860: Hobart S.C. - Assault & robbery. Further 7 yrs penal servitude. Some time remitted. 1868: Launceston S.C. Disorderly conduct. 3 mths hard labour. 28 Sept 1869: Launceston S.C. - Housebreaking & robbery. 6 yrs penal servitude. Sent to Port Arthur Penal settlement. 23 July 1877: at Green Ponds - Larceny. 3 mths imprisonment. 11 Nov 1880: at Launceston S.C. - Burglary. 6 yrs imprisonment.

Estimate $1,000 - $1,500 Price Realized $1,500 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219817/

Lot 361:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "134. Thomas Wood or Key, native". Taken at Port Arthur 1874." Thomas Wood (transported as Thomas Key on the Lady Nugent) was sentenced to six years for housebreaking and larceny, at the Supreme Court, Hobart. Claiming to be native born, in fact he was originally found guilty at Nottingham Quarter Sessions in 1836 and transported for 7 years.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219818/

Lot 362:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "259. George Wilson, Ld Lyndock 3. Taken at Port Arthur 1874." George Wilson arrived in New South Wales on the 8th August 1838 aboard the Lord Lyndoch. He had been transported for life at the Glasgow Court of Justiciary.

Estimate $1,000 - $1,500 Price Realized $850 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219819/

Lot 363:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "312 + 313 Charles Ward or Hayes per Moffatt 2 . Taken at Port Arthur 1874." Ward (who called himself John) arrived aboard the Moffatt in May 1834, following his conviction at York. His sentence was transportation for 14 years.

Estimate $1,000 - $1,500 Price Realized $1,100 Status Sold"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219820/

Lot 364 : unsold on the day and not included in the above group of seven:
"TASMANIAN CONVICT PHOTOGRAPH: A carte-de-visite, annotated verso: "Percy Westaway, Launceston." Westaway, a native born 28 year old engine driver and miner, was found guilty of larceny at the Supreme Court Launceston on 27th March 1890. He was imprisoned for 3 years. The record shows that he was imprisoned for larceny again in December 1916.

Estimate $300 - $500 Orig. Starting Price $240 Buy now! $240"



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219821/

Even though this mugshot (Lot 364, of Tasmanian prisoner Percy Westway) is a finely executed well-made photograph produced as a carte-de-visite on an oval mount for police records within the conventions of 1870s commercial studio portraiture, it did not attract Buyer No. 9190 of the previous seven mugshots (Lots 357-363) for these reasons: Westway was born in Tasmania, so he was not transported as a "convict" before 1856, and therefore not part of the island's early penal heritage; his photograph was taken at the Hobart Gaol in 1890-1893 at least fifteen years after the closure of the Port Arthur prison in 1877; the mugshot bears no inscription pertaining to the factually incorrect statement - "Taken at Port Arthur 1874" - written on the versos of the other seven Tasmanian prisoner cdv's at auction. The same phrase was also written on the versos of at least three hundred more 1870s mugshots now extant in national institutions which were originally sourced and transcribed by John Watt Beattie in the early 1900s from non-active Tasmanian police records for his "Port Arthur Museum" in Hobart and in travelling exhibitions on the fake hulk Success. Clearly, it is the "Port Arthur" brand the buyer wanted above all other attributes and shortcomings presented by these 1870s Tasmanian prisoner mugshots, the originals correctly attributed to commercial photographer and government contractor Thomas J. Nevin from contemporary sources to present-day research.



Hammer prices for LOTS 357-363, Lot 364 unsold.
Link: https://auctions.leski.com.au/auctions/print-realized-prices/id/623

Prisoner Thomas Wilson, Hobart Gaol 1874
The police gazette noted in May 1874 on his discharge from the Hobart Gaol that Thomas Wilson was blind in his right eye, a fact no doubt which led to the rest of his life spent in welfare depots when not incarcerated in prison.





Subject: Tasmanian prisoner Thomas Wilson (ca. 1813-1893)
Location and date: Hobart Gaol, Campbell Street, Tasmania, May 1874
Photographer: commercial photographer, contractor Thomas J. Nevin (1842-1923)
Verso inscription: "108 Thomas Wilson alias Murphy per "Dd Clark" Taken at Port Arthur 1874"
Details: a copy of the original photograph taken by T. J. Nevin on Thomas Wilson's discharge 1874, reproduced and inscribed verso by Beattie & Searle for sale 1890s-1920s as a Port Arthur tourist souvenir, possibly removed from an album.
Condition: foxing, water damage and tears to print on right side, dirty mount, ink smudged verso, faded image, degraded copy reprinted in 1877 for Wilson's 3 months' sentence at Green Ponds (Tas) from Nevin's 1873-1874 original glass negative and reprinted again from the cdv, suggested by the dark ring around the image on recto, in November 1880 for pasting to Wilson's rap sheet when he was sentenced to six years for burglary at Launceston, transferred again to the Hobart Gaol and released in 1885 to a welfare depot where he died in 1893.
Sold at auction, Leski's, Melbourne, Vic. 7 Dec 2024, for $1,500, or approx. $2000 with BP.

Hobart Gaol and Police Records
Thomas Wilson was photographed by Thomas J. Nevin on Wilson's transfer from the Port Arthur prison to the Hobart Gaol between his arrival there on 10 September 1873 and his discharge on 30 April 1874 (gazetted on 8 May 1874). His photograph was reprinted in 1877 and sent to Green Ponds where he was charged with larceny and sentenced to three months. It was reprinted again in 1880 when Wilson was sentenced to six years for burglary at Launceston and transferred to Hobart.

The Archives Office of Tasmania has collated most of their original records pertaining to Thomas Wilson's criminal career and welfare at these URLs:

https://libraries.tas.gov.au/Record/NamesIndex/1447843 [Employment and Prison]
https://libraries.tas.gov.au/Record/NamesIndex/1604550 [Health and Welfare]

But what is missing from their collation is the police gazette record below showing Thomas Wilson was discharged from the Hobart Gaol in the week ending 6 May 1874 by which time Thomas J. Nevin's photograph of him would have been pasted to the rap sheet [Record of Arrest and Prosecution], and would have remained there to this day if that rap sheet had survived flood, fire, mould, theft and defacement. Unfortunately, the rap sheets from which the original 1870s mugshots were removed have not survived, mostly for reasons to do with sensitivities about the hated "convict stain" and promotion of tourism to the island (see note on Beattie below).

The seller who submitted Thomas Wilson's cdv at Leski's for auction on 7 December 2024 sourced a good deal of information about his prison and welfare history, but having missed the police gazette notice of 6 May 1874, assumed the prisoner spent his entire life in Tasmanian prisons. He certainly passed the majority of years from discharge in 1874 to his death in 1893 in and out of welfare depots (one reason being blindness), per this record at the Archives Office Tasmania:

Name: Wilson, Thomas
Record Type: Health & Welfare
Description: Pauper or invalid
Property: Cascades Invalid Depot
Brickfields Invalid Depot
Port Arthur
New Town Charitable Institute
Admission dates: 13 Apr 1874 to 07 Dec 1875, 22 Mar 1876 to 04 Jul 1876, 12 Jul 1876 to 14 Nov 1876, 05 Jul 1877 to 02 Jul 1878, 02 Dec 1885 to 20 Jul 1886, 18 Mar 1887 to 04 Oct 1887, 29 Dec 1887 to 08 Apr 1890
Ship to colony: David Clarke
Paupers & Invalids no. :pi1936100
Record ID:NAME_INDEXES: 1604550
Link; https://libraries.tas.gov.au/Record/NamesIndex/1604550

It is from this information that the seller of Thomas Wilson's cdv at Leski's auction on Saturday 7 December 2024 decided to accompany the cdv with an extra paragraph detailing Wilson's criminal and welfare history but not his employment history, the only cdv of the seven in the group in this auction of "TASMANIAN CONVICT PHOTOGRAPHS" catalogued with additional information.



Above: detail of record below: Thomas Wilson was transferred from the Port Arthur prison (PA) to the Hobart House of Corrections (HC) in Campbell Street, Hobart on 10 Sept 1873. Administered in Confidence on 27 April 1874 - the residue of his sentence was remitted. He was discharged on 30 April 1874 from the Hobart Gaol.



Wilson, Thomas
Record Type: Convicts
Employer: Garth, James: 1849
Departure date: 7 Jun 1841
Departure port: Plymouth
Ship: David Clarke
Place of origin: Sligo
Archives Office Tasmania
Link: https://libraries.tas.gov.au/Digital/CON37-1-8/CON37-1-8P395

POLICE GAZETTE RECORDS



Source: Page 78, Tasmania Reports of Crime for Police 1874 (weekly police gazette)
Prisoner Thomas WILSON per ship David Clarke
Discharged from the H.M. Gaol week ending 6 May 1874
NOTES: WILSON, Thomas or Robert per ship D. Clarke, tried in the G.S. Launceston on 29 Sept 1869 for Housebreaking and robbery, sentenced to 6 years.
Native place: Ireland, age 59 yrs, height 5 ft 81/2 ins, dark brown hair. F.S. Blind right eye.



Source: Page 187, Tasmania Reports of Crime for Police 1880 (weekly police gazette)

Prisoner Thomas Wilson, 67 yrs old, transported on the ship David Clarke, Free in Servitude (FS) was sentenced to six years for burglary at the Supreme Court, Launceston on 11-12 November 1880.

Provenance
No concrete information has surfaced to date as to the identities of the either the vendor who put these seven Tasmanian carte-de-visite prisoner photographs to auction in December 2024, or indeed of the cashed-up buyer: comments therefore pertaining to either entity here are speculative and are not to be used in attributing provenance. Two questions naturally arise: were the cdv's from a private collection, or were they de-accessioned from a public institution? A third question will also arise, going back over their history, are they or were they ever stolen government property?

Absent from the verso or recto of Thomas Wilson's cdv and absent as well from the versos of the other six copies of these prisoners' photographs taken in the 1870s are any mid-to-late 20th century accession numbers, stamps or markings used by libraries and museums, which suggests strongly these six particular copies of the other identical copies already extant in public collections have survived in the private collectables market for 150 years - or hidden somewhere in a public institution. Even if the prisoner's image in these seven rather well-worn cdv's is blurred and degraded from repeated copying, poor storage and handling, it survives as an historical fact attesting to his status at that time as prisoner, information useful not just to past generations and those now, but to future generations who will pause over them with new questions pertinent to their own specific circumstances. 

Regardless of its condition, each of these prisoners' photographs - from the first sitting to the artefact it has become today - has passed through at least five significant stages, fulfilling a set of different purposes at every stage. Perhaps each transition is best demonstrated by using one prisoner's image as an example from the group of the seven Lots sold as cdv's at Leski's auction, 7 Dec. 2024, that of Lot 361, Thomas Wood or Key:

Stage 1: the one and only real photograph, 1873
The prisoner Thomas Wood, transported as Key for 7 years from London on the Lady Nugent, departing 12 July 1836, sat for his mugshot taken by Thomas J. Nevin, the contracted photographer, on Wood's arraignment at the Supreme Court Hobart and incarceration next door in the Hobart Gaol between 15-18 July 1873. He was 60 years old, sentenced to six years' imprisonment for housebreaking and larceny.

This photograph was one of four prints made by Nevin, either as an uncut group of four captured on the one negative using a four tube camera, or duplicated separately as one image using a single lens. In NSW the police photographer was required under regulations introduced in 1873 to print 15 photographs. The four required by Tasmanian authorities would first be framed in an oval mount and printed in carte-de-visite format. One was then pasted to the prisoner's rap sheet and held at the Hobart Gaol, one was placed in the Municipal Police Office's Photo Books at the Hobart Town Hall, and the others would be sent to suburban, regional and rural police stations wherever the prisoner was assigned to work on discharge (FS - free in servitude).



Forty prints of Tasmania prisoners from negatives by T. J. Nevin 1870s
Offered for sale by J. W. Beattie ca. 1916 at his "Port Arthur Museum" located at 51 Murray Street, Hobart (Tas)
QVMAG Collection: Ref : 1983_p_0163-0176

This is an uncut print from the glass negative of Thomas Wood, transported per Lady Nugent as Key. Photograph taken by T. J. Nevin at the Hobart Gaol 15-18 July, 1873. The scratchings indicate damage from broken glass, ink spillage and multiple printings over several years to the 1900s. The number "134" is visible (when flipped) at lower right.



Thomas Wood's print is second from left, bottom row. The original glass negatives were used to print these, 40 in all, by John Watt Beattie and his assistant Edward Searle in the early 1900s. The prints were pasted onto green carboard in one of three panels displaying similar prints of prisoners: 14 on the first, 14 on the second, and 12 on third, totalling 40 prints. Each panel was headed in Searle's handwriting with the claim that these were Imperial prisoners funded by the British government and that they were photographed at Port Arthur: “Types of Imperial Convicts - Photographed at Port Arthur" though neither claim was correct. The three panels were catalogued for sale from John Watt Beattie's collection in 1916 and remained there unsold. Where had he found the negatives? In government records held at the Hobart Gaol, to which he had ready access as a commissioned photographer promoting tourism of Tasmania's landscapes and penal heritage to intercolonial/interstate visitors.

POLICE GAZETTE NOTICE 1873



Source: Tasmania Reports of Crime for Police, J, Barnard, Gov't printer.

Stage 2: the carte-de-visite prison reprints 1873-1882
Thomas Wood or Key was discharged from the Hobart Gaol in January 1878. His photograph may have been taken again on discharge but more likely it was reprinted from Nevin's original glass negative held at the Hobart Gaol in the photographer's room. He was soon back in court a year later,



Carte-de-visite photograph of prisoner Thomas Wood or Key
Printed from T. J. Nevin's negative, Hobart Gaol, 1873
NLA Catalogue (incorrect information)
Title from verso: "Thomas Wood or Key, native, taken at Port Arthur, Tasmania, 1874"
Extent: 1 photograph on carte-de-visite mount : albumen ; 9.3 x 5.6 cm.
Link: https://nla.gov.au/nla.obj-142915467

POLICE GAZETTE NOTICES 1878 -1882


Source: Tasmania Reports of Crime for Police, J, Barnard, Gov't printer.

Thomas Wood+s or Key per Lady Nugent was discharged from the Hobart Gaol in the week ending 30 January 1878. He may have been photographed again on discharge, or more likely, a new print from the photographer's original negative was produced. One of those new cdv's may be the very clean one of two held at the TMAG.



Source: Tasmania Reports of Crime for Police, J, Barnard, Gov't printer.

Thomas Woods, per Lady Nugent, 63 years old, was convicted at Bothwell (Tas) and sentenced to 12 months for larceny from a dwelling during the week ending 28 December 1878. Because his sentence was longer than 3 months, he was transferred back to the Hobart Gaol where this offence would have been added to his old rap sheet with his cdv already pasted to it.



Source: Tasmania Reports of Crime for Police, J, Barnard, Gov't printer.

Here is Thomas Wood, now gazetted by police as Wood+s or Key+s per Lady Nugent, 66 years old, 5ft 7½ins tall, discharged from Oatlands (Tas) where he was tried on 8 June 1882, sentenced to 3 months for being idle and disorderly. Remarks show he was lame and disfigured, with scars and a broken nose.

Stage 3: Beattie and the tourists, 1900s-1930s
A visitor to Tasmania in 1916 with the South Australian Commission was so affronted by John Watt Beattie's commercialism when he "wandered into the Port Arthur Museum" in Hobart, he sent a letter to the Mercury.

He wrote:
"There are three rooms literally crammed with exhibits ... The question which pressed itself on my mind time and again was, how comes it that these old-time relics which formerly were Government property, are now in private hands? Did the Government sell them or give them away? The same query applies to the small collection in a curiosity shop at Brown's River. Whatever the answer may be, I hold the opinion that the Government would be amply justified in taking prompt steps to repossess them, even though some duplicates may be in the State Museum. Today the collection is valuable and extremely interesting. A century hence it will be priceless. It would surely be unpardonable to allow it to pass into the hands of some wealthy globe-trotter which is the fate awaiting it, unless action be taken to secure it to the State."

Mercury 3rd February 1916, letter to the editor
Edward Lucas, MLC, Legislative Council, Adelaide.



Advertisement ofr Beattie's Port Arthur Museum, 51 Murray St. Hobart
QVMAG Ref: 1986_P_1223

Stage 4: the TMAG deposit from the QVMAG 1983
A crisp and clean copy, 150 years old?



This cdv was originally held at the QVMAG. The number "164" was written in 1983 for an exhibition at the Port Arthur Historic site. The cdv was then deposited at the TMAG.



Prisoner Thomas Wood or Key: cdv held at the Tasmanian Museum and Art Gallery, Hobart.
Verso inscribed with the same information as the Leski auction item, minus the number "134"

Two identical clean copies are held in the Tasmanian Museum and Art Gallery Collection in addition to the copy at the NLA. This was most likely sourced from the QVMAG in July 1983 along with 50 or more prisoner cdv's for display at an exhibition at the Port Arthur historic site, after which it was not returned to Beattie's collection at the QVMAG, it was deposited instead at the TMAG. The recto was pencilled underneath the image with the number "164" - the new number used to catalogue it at the QVMAG in the removal. It is listed it as missing in the 2005 inventory (see section below, The Messy 1980s, last paragraph).

The number "134" on the other copies verso is missing or has been rubbed out on this verso which looks so clean, it may even be a reprint from the 1980s.

Collections: TMAG Q15608.1 & TMAG Q15608.2; QVMAG QVM: 1985_P_0145; NLA obj-142915467

Stage 5: auctioned at Leski's Melbourne, 7.12.2024
When will we see you again?



View: https://auctions.leski.com.au/lot-details/index/catalog/623/lot/219818/

An official record listing the error that Thomas Wood or Key was "native" - i.e. born in Tasmania - must have been held somewhere when all these copies in cdv format were transcribed verso by the collector/archivist in the 1890s with the same number "134" and the phrase "Taken at Port Arthur 1874" - with one exception. The TMAG copy (above) has no number verso; a new number instead has been pencilled under the image on the front. The Hobart Gaol and MPO, Town Hall, however, had their facts straight about Thomas Wood, transported as Thomas Key. Perhaps relatives or descendants of Thomas Key from Nottinghampshire (UK) were hoping to suppress his criminal history prior to transportation. Or, the error was simply the result of his alias "Thomas Wood" used after arrival not appearing on early records. The other cdv copies all bear verso the number "134" used by the photographer: it appears on the 1873 uncut print from the negative on lower right (see above).

John Watt Beattie's commercial imperatives
Copies of all six cdv's bearing the 1890s-1900s inscription "Taken at Port Arthur 1874" written for the tourists are already extant in public collections. For example, five copies are held at the NLA (Henry Williams, George Wilson, Thomas Wood or Key, Robert West, Charles Ward), two are held at the TMAG (Thomas Wood and Robert West) and one is held at the QVMAG (Alexander Woods). Black and white paper copies of the whole collection held at the QVMAG were made in the 1970s for the State Library of Tasmania's collection.

Only the seventh in the Leski's auction group, the cdv of Thomas Wilson, Lot 360 is unaccounted for in public collections, which would suggest it has come from a private collection and because of its rarity realized the highest hammer price by the bidder (on behalf of a public collection) at the auction's conclusion.

The verso inscriptions on all of these seven prisoner cdv's (and on the versos of three hundred or more extant in national collections) were added by convictarian, photographer and government contractor John Watt Beattie with his assistant Edward Searle. He salvaged a handful of Nevin's original glass negatives (which seem to have disappeared) and a large number printed in cdv mounts from the photographers' room above the women's laundry at the Hobart Gaol before it was demolished in 1915. He removed just about all of them from the prisoners' rap sheets and presented them as tourist souvenirs, even reproducing both uncut and cdv items for sale at exhibitions. At his "Port Arthur Museum" in Hobart some were displayed in small groups on the walls pasted to carboard, others were arranged in alphabetical order by surname in albums.



Beattie's "Port Arthur Museum" 51 Murray St. Hobart
Room 1: the red arrow points to prisoner photographs arranged on cardboard.
Source: Tasmanian Museum and Art Gallery

A very telling aspect of the provenance of the seven cdv's in Leski's auction is the fact that all seven prisoners' surnames begin with "W": Ward, Wilson x 2, Wood, Woods, Williams, and West. It seems likely therefore that these seven cdv's were taken from the tail-end of a collection arranged alphabetically when each mugshot was inserted (a long time ago) into leaves of a 19th century leatherbound album, the type commonly used for family collections.

One such album holding convict mugshots is on display in this photograph (lower left) taken in the 1930s at Radcliffe's Port Arthur museum of convict curiosities called The Old Curiosity Shop. Radcliffe acquired his stock from John Beattie shortly before Beattie died in 1930 or soon after probate before several tons from his estate were consigned to the Queen Victoria Museum and Art Gallery in Launceston.



Caption: The Port Arthur Museum was cluttered with exotic and convict-era items (Supplied: PAHSMA).
Source: ABC online: Port Arthur tourism legacy is proud product of Radcliffe family collection


Propped up next to the album in this photograph is a cardboard display of 14 cdv mugshots of the same prisoners whose cdv's were pasted to a new display and framed under glass by the TMAG in the late 1990s. These and another three frames displaying 23 prisoner cdv's were incorrectly attributed as photographs of "Port Arthur convicts" taken by the Port Arthur prison commandant A. H. Boyd and sent to Canberra in 2000 for the exhibition titled Mirror with a Memory at the National Portrait Gallery.

The album at lower left in this photograph taken at Radcliffe's museum was probably from Beattie collections and would have been on display in Beattie's "Port Arthur Museum" 51 Murray Street Hobart where the visitor would be encouraged to browse them for their criminal ancestor's name, or their own family names, so of course the "W"s would appear at the back of each volume. The visitor might even want to purchase one, which is why Beattie et al wrote the name of the prisoner, the ship on which he was transported and "Taken at Port Arthur 1874" on the back of every cdv, providing visitors with the perfect souvenir at small cost - but they would not be allowed access to the criminal records - the rap sheets from which he had removed many originals - because that information might be too shocking.

John Watt Beattie's copies of 1870s "convict" photographs taken from Tasmanian government property and presented to the Edwardian tourist ca.1890s-1930s are commercial artefacts inscribed with patently incorrect information on versos. They are not "real" in the same sense as the originals produced for police and prison administration by T. J. Nevin in situ with the prisoner at the Hobart Gaol 30 years earlier.

Current research
No known works or collections list prisoner Thomas Wilson's cdv. Catalogued copies of the other six prisoner cdv's are extant in collections at the Queen Victoria Museum and Art Gallery Launceston Tasmania (QVMAG), the National Library of Australia, Canberra (NLA) and the Tasmanian Museum and Art Gallery, Hobart Tasmania (TMAG). Another group of twelve prisoner photographs, concurrent with these six cdv's, is held in T. J. Nevin's name at the State Library of NSW, Sydney.

Research about these six mugshots posted to this site is available at the following URLs and at https://thomasnevin.com :

Henry Williams, ship Governor Phillip; Collection: NLA P1029/48
Number on verso: 36 Henry WILLIAMS per Gov Phillip
Read more here: https://tasmanianphotographer.blogspot.com/2009/01/williams-henry.html

Alexander Woods, ship London; Collections: QVMAG 1985:P:97 & QVMAG 1985:P:160
Number on verso: 28 Alexander WOODS per London
Read more here: https://prisonerpics.blogspot.com/p/the-qvmag-prisoners-collection_23.html

Thomas Wood or Key, native : Collection: TMAG Q15608.1 & TMAG Q15608.2; QVMAG QVM: 1985_P_0145; NLA obj-142915467
Number on verso: 134 Thomas WOOD or KEY Native
Read more here: https://prisonerpics.blogspot.com/2009/01/prisoner-thomas-wood-as-key_19.html

Thomas Wilson alias Murphy, ship David Clark; No collection record
Number on verso: 108 Thomas WILSON or MURPHY per "Dd Clark"
No known public or published resource

George Wilson, ship Lord Lyndoch 3; Collection: NLA P1029/50
Number on verso: 269 George WILSON per Ld Lyndoch 3
Read more here: https://tasmanianphotographer.blogspot.com/2009/01/wilson-george-aka-white.html

Robert West, ship Gilmore; Collections: TMAG Q15591 & NLA P1029/69
Number on verso: 97 Robert WEST per Gilmore
Read more here: https://prisonerpics.blogspot.com/2015/08/rogues-gallery-tasmanian-museum-and-art_23.html

Charles Ward, ship Moffat 2; Collection: NLA P1029/46
Numbers on verso: 312 & 313 Charles WARD or HAY per Moffat 2
Read more here: https://prisonerpics.blogspot.com/2009/01/prisoner-charles-heys-hayes-or-ward_19.html

The cdv of Thomas Wilson (alias Murphy?), ship David Clark is unaccounted for in any public collection. It may have been kept on a leaf inside a thick oval frame in a typical 19th century family album after acquisition from Beattie's estate. The QVMAG had a similar album housing 1870s mugshots which were sighted there by descendants of Thomas Nevin in the mid 1980s. Also sighted at the National Library of Australia by Nevin descendants was the same or a very similar album of Tasmanian mugshots which was possibly sourced from the QVMAG and donated (or loaned) in the mid 1980s by John McPhee, the curator of the 1977 exhibition there featuring 70 mugshots from the same Beattie collection, all correctly attributed to photographer, government contractor and civil servant Thomas J. Nevin.

The messy 1980s
Each of these cdv's taken in the 1870s was numbered verso in the same hand that wrote a sequence number above the prisoner's name, name of the ship on which he arrived in Van Diemen's Land (before 1856 when transportation ceased - VDL was named Tasmania on 1 January 1856) and the phrase - "Taken at Port Arthur 1874" - purely in the name of 1900s dark tourism. John Watt Beattie exhibited and offered them for sale at his "Port Arthur Museum" in Hobart to tempt the Edwardian tourist to visit the ruins of the Port Arthur prison 60 kms south of Hobart, renamed Carnarvon on the Tasman Peninsula. His exhibitions coincided in the first decades of the 20th century with the release of two film adaptations in 1908 and 1927 of Marcus Clarke's 1870/1874 novel For The Term of His Natural Life. The visitor might even be offered a part as an extra at locations around Port Arthur while the films were in production.

Neither the date 1874 nor the location, Port Arthur written on the versos of these cdv's reflects the actual occasion, circumstance, offence, prison, court or date of each of these prisoner's one and only sitting with photographer T. J. Nevin for police and prison records in the years 1872-1876 (his contracts of 14 years ended in 1886). The inscriptions were written by John Watt Beattie and his assistant Edward Searle on more than 300 similar mugshots which they "salvaged" from the Hobart Gaol; most but not all were acquired by the QVMAG soon after on Beattie's death in 1930. A dozen or more were acquired ca. 1907 on the death of  private collector David Scott Mitchell which are now held in the Mitchell Collection, State Library of NSW, Sydney (SLNSW PXB 274). Every one of the 12 (plus two more identifiable as prisoner cdv's taken by Nevin at the Hobart Gaol) luckily escaped the wording on verso "Taken at Port Arthur 1874" which may help in dating the event which inspired that inscriber's mistaken diligence.

Private collectors have expanded the national collections with donations. For example, the late Dr Niel Gunson (1930-2023) contributed at least 8 Tasmanian prisoner cdv's to the National Library of Australia (NLA) from "archival estrays" (pers. corr.) in the 1960s and 1980s. The current seven cdv's sold at Leski's auction (7 December 2024) may have been submitted from Dr Niel Gunson's private collection by his executors.

Most of the NLA holdings of Tasmanian prisoner photographs in T. J. Nevin's name were received ca. 1982 in an album from the 1977 QVMAG exhibition, although photographs ostensibly from that album were not accessioned until 1995, by which time the provenance was supposedly forgotten. John McPhee, curator of the QVMAG 1977 exhibition indicated that this album was offered first to the National Gallery of Victoria ca. 1982 and then forwarded to the NLA a year or so later (pers. comm, NGA 1984). That album was still intact in 2000: the cdv's were still positioned in mounts on album leaves and was not dismantled until entered into two more Canberra exhibitions that year: In a New Light and Heads of the People.

Many of these Tasmanian prisoner mugshots (styled "convict portraits" in tourism discourse as the 20th century progressed) which are held at the National Library of Australia are copies of the same prisoner photographs held at the Queen Victoria Museum and Art Gallery, Launceston (QVMAG); the Tasmanian Museum and Art Gallery (TMAG), and the Archives Office of Tasmania (AOT) in Hobart. This simple fact underscores the extensive catalogue revisions since the mid 20th century from the first of these copies made by Beattie ca. 1890- 1900 which the QVMAG acquired in 1930. Their copies bear the catalogue dates of 1958, 1977, 1982, 1985, 1987 and 2005 for a digital database.

Another private collector, photo-historian Chris Long spent a few weeks at the QVMAG, Launceston in July 1983 on a short research grant while preparing entries for the TMAG's Directory of Tasmanian Photographers 1840-1940 with editor Gillian Winter (1995). Chris Long re-photographed as black & white prints every one of the 40 uncut cdvs of prisoners which were pasted to those same three panels offered for sale by Beattie from his catalogue in 1916 (see the panel with Thomas Wood or Key's mugshot above).

The 1870s originals of those 40 uncut cdvs were reprinted in sepia by John Watt Beattie, re-assuringly titled "Photographed at Port Arthur" for the tourist, and pasted on three panels for exhibition and sale in 1916. Chris Long fogged out the cracks and scratches on the sepia originals in the process of making black and white copies for reasons only known to himself, since they serve no purpose. Also for reasons known only to himself, he sought to muddy their provenance as the work of T. J. Nevin's and their primary function as police mugshots by suddenly proclaiming, without proof of any kind, that the Commandant at Port Arthur, A. H. Boyd, had taken those very same photographs, contradicting historical evidence and experts in the field. No photograph of prisoners or of any other subject in any genre was ever attributed to the non-photographer A. H. Boyd prior to Chris Long's long game of gambling his reputation on this fanciful "belief." He was deliberately misinformed by the exhibitors of the 70 or so "convict" photographs they sourced from the QVMAG (Wishart) and the TMAG (Clark) in February 1983 for a "gallery" display during the Port Arthur Conservation and Development Project (PACDP). Hoping to talk up the importance of Port Arthur, especially for a World Heritage nomination, they faked a photographic attribution of those Hobart Gaol mugshots taken by T. J. Nevin to assert the Port Arthur commandant A. H. Boyd photographed prisoners (as some sort of Sunday hobbyist, apparently), a fanciful notion without proof or substance or any kind but which sadly persists as touristic spin for visitors to Port Arthur to this day.



Source: QVMAG ref: QVM: 1985_P_0145

Above: The original sepia uncut photograph taken in 1873 by T. J. Nevin of prisoner Thomas Wood or Key (see Stage 1 above), now cleaned of scratches and damages, reproduced in b&w by Chris Long at the QVMAG in 1983.

Just possibly, Chris Long "borrowed" three cdv's from an album at the QVMAG of the seven "TASMANIAN CONVICT PHOTOGRAPHS" offered at Leski's auction on 7 December 2024 purely for reference while preparing his TMAG publications and forgot about them, although he did admit to having a few items by Nevin in a box in his garage (pers. corr. 1984), so three or more known to be in a private collection (Clark 2010: 79) may well have been offered at Leski's auction from the "private collection" of Chris Long.

A selection of the QVMAG collection of these mugshots was exhibited at the Art Gallery of NSW in 1976 and at the QVMAG in 1977 as the work of Thomas J. Nevin . All of the prisoners in the photographs mounted as cdvs had been named by that date - some incorrectly - by archivists either for the 1934 exhibition in memory of John Watt Beattie and his convictaria collection, or by the curatorial staff there in 1958, in 1977, in 1983-5, and 1991 - dates which appear either on the versos or in the accession sheets of public institutions which received Nevin's originals produced for police or Beattie's copies. The Archives Office of Tasmania holds similar images, both originals and copies, and some are of unidentified prisoners, although the same man in the same print is identified in the QVMAG collection. All men pictured in the mugshots held at the National Library of Australia in Canberra - and many picture the same men as those listed in the QVMAG and TMAG collections - were identified on accession in 1962, 1982 and 1985, including the identity of the photographer T. J. Nevin, indicating clearly that the NLA received its collection from Tasmania.

Between February and April 1983, a selection of 70 cdv's from Beattie's collection of mugshots held at the QVMAG Launceston were removed and exhibited at the Port Arthur prison site south of Hobart for the Port Arthur Conservation and Development Project (PACDP). To keep track of them, each was numbered in pencil on the front mount underneath the prisoner's image. Those numbers do not correspond to the original numbers written on the versos by Beattie in the early 1900s. After the exhibition, 50 or so of those cdv's exhibited at Port Arthur in 1983 were not returned to Beattie's collection at the QVMAG, they were deposited instead at the TMAG in Hobart. The list of 200 cdv's drawn up in the 1980s with these new numbers recto as QVMAG property shows 127 were missing, dispersed to state libraries and museums etc, and 72 were remaining. The list can be viewed here.

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Charged under the CRIMES ACT: brothers Bill, George and Tom NEVIN, 1909-1911

Brothers George, Tom and Bill NEVIN, sons of Thomas and Elizabeth Rachel (Day) NEVIN
Former A-G, G. Crosby GILMORE, Counsel for Tom Nevin 1911
Interpretation of the CRIMES ACT 1900: "incite" and "resist"

Wm John Nevin 1900

Subject: William John Nevin (1878-1927)
Photographer: unknown, possibly his father Thomas J. Nevin
Location and Date: Hobart, Tasmania, ca. 1897
Provenance: by descent, Thomas J. Nevin and family.
Copyright © KLW NFC Group & KLW NFC Imprint Private Collection

This is one of the saddest stories to emerge from publicly available records relating to the adult lives of the six surviving children born to parents, photographer and civil servant Thomas James Nevin snr (1842-1923) and Elizabeth Rachel (Day) Nevin (1847-1914) at Hobart, Tasmania, between 1872 and 1888.

It involves three of their four adult sons - George Ernest Nevin (known as Georgie) and Thomas J. Nevin jnr (known as Tom) who were arrested on identical charges on two separate occasions of inciting their brother William John Nevin (known as Bill) to resist arrest: the first on 29 June 1909 with George Nevin; and again on May 6, 1911 with Tom Nevin in another incident, this time involving assault by police of both brothers Bill and Tom Nevin. Where Constable Flude had succeeded in penalties for the charge in 1909 against George Nevin during the arrest of his brother Bill Nevin, he was sure he would succeed with the same charge in 1911 against Tom Nevin during another arrest of Bill Nevin but he failed, because this time the former Attorney-General G. Crosby Gilmore stepped in.

Police harassment of their father
This family first became associated with the police and judiciary when their father Thomas J. Nevin snr was contracted on colonial warrant as photographer servicing the courts and legal fraternity from the date of his marriage to Elizabeth Rachel Day at Kangaroo Valley, Hobart, Tasmania in 1872.

The incident which resulted in their son Bill Nevin's arrest on 26th June 1909, and the charge of incitement to resist arrest against his brother Georgie Nevin took place at the Ship Hotel, Collins Street, Hobart, but the incident which resulted in Bill Nevin's arrest on the same charge on May 5th, 1911 and the same related charges brought against his other brother Tom Nevin in June 1911, took place outside their parents' family residence, 82 Warwick Street, Hobart.

The property at Warwick Street was regularly surveilled by constables in the years after their father Thomas J. Nevin's dismissal by the Hobart City Council from the position (and residency) in December 1880 of Hobart Town Hall Keeper for drunkenness while on duty. In addition to full-time civil service as the Hall Keeper, Nevin's fourteen (14) years of government contractual work (1872 to 1886), which required the production of prisoner mugshots for the Municipal Police Office in Hobart's courts and prisons, among other duties as Special Constable during the Chiniquy riots of 1879, ensured his much too much familiarity with police brutality and judicial indifference, as police knew only too well. From 1878, when he was assigned Office Keeper for the HCC at the Town Hall to his dismissal in December 1880, he was privy to council and mayoral committee decisions affecting just about everyone in the greater Hobart region. He was also assigned assistant bailiff duties to senior detectives in the mid 1880s, a job guaranteed to raise hostility from those affected by house evictions etc etc.

Another source of information about police readily came from Thomas J. Nevin's younger brother, Constable John Nevin (William John Nevin, 1852-1891), known as Jack to the family. He had joined the civil service, aged 18 yrs in 1870, and was stationed at the Asylum, Cascades Prison for Males, Hobart by 1875. His service continued at the Hobart Gaol, Campbell Street, as "Gaol Messenger", a rank which covered his duties as photographer's assistant to his brother, and as a hospital "Wardsman" until his untimely death from typhoid while still in service, aged 39 yrs old. His nephew Bill or Will (the subject of these arrests in 1909 and 1911) was given the exact same name at birth as his father's brother (William John Nevin), just as his brother Tom Nevin was given the exact same name as their father at birth (Thomas James Nevin).

Thomas J. Nevin snr was constantly harassed by constables, some of whom he recognised as ex-prisoners recruited to the police force in times of social unrest. Others held him responsible for their demotion in the ranks when he reported them for being drunk on security duty for the Town Hall during his time as Keeper. They regularly sought him out in Hobart's streets while meeting with friends, even hanging around outside his house, to lay charges for "obscene language" or school truancy of his children, or even singing ditties offensive to police within the confines of his own house, until he finally complained to the court he was being targeted as a "stereotype" . Tasmanian law allowed for charges to be brought, because even though Nevin was not on public property, he could still be heard by passers-by. He was inside the yard "abutting on Warwick Street" when using "very filthy language" according to the constables who seemed to appear out of nowhere at just the right moment.

TRANSCRIPT
CITY POLICE COURT. - The Police Magistrate (Mr. B. Shaw) and Mr. James Harcourt, J.P., adjudicated yesterday.
Thomas Nevin, labourer, was charged with having used obscene language in a house in Warwick street on the 9th inst.. He pleaded not guilty, but Constables Crane and Clark proved the offence. Defendant remarked that he was always brought up on the same charge. He thought he must be "stereotyped" with the offence. The Police Magistrate : I am afraid you are ; you have been convicted 33 times of the same charge. We order you to pay a fine of £5, in default you will be imprisoned for three months.

Source: THE MERCURY. (1898, September 21). The Mercury (Hobart, Tas. : 1860 - 1954), p. 2.
Link: https://nla.gov.au/nla.news-article9431088

When fined 50/s- on Thursday, 14th March 1895 for obscene language which could be heard from the street, the Magistrate also applied for a notice to be issued to publicans prohibiting them from supplying liquor to Thomas Nevin, "operatic for twelve months". He also advised Thomas Nevin to seek medical attention.  The prohibition was impossible to enforce, however. With George Adams' Tasmanian Brewery located across the road on the corner of Elizabeth and Warwick Streets, just metres from the Nevin residence at 82 Warwick Street and in full view from their front door, both Thomas Nevin and son Bill would be tempted with easy access to alcohol the moment they left the house.

As for stereotypes, what were the common targets of social prejudice and opprobium in the 1890s, the decade which saw the rise of the Temperance movement? Was Thomas Nevin snr cast as the hot-tempered red-head, the drunken Irishman, garrulous to the point of madness with "no control over his unbridled tongue" as one Police Magistrate put it (Mercury 26 May 1897)? Or was he less than the masculine ideal - a soft and sensitive" artist-photographer" who hand-coloured his photographs of convicts - .i.e. prisoners? He had found himself the butt of that insult in the meeting of the Police Committee which sacked him from the Hobart Town Hall keeper position in December 1880. Then again, he might have cursed long and too loud the imperialist war-mongers wanting to send his sons off to fight the Boers. Neither Thomas J. Nevin snr nor any of his children volunteered service in the Imperial Forces at the Boer War (1899-1902) or at the First World War (1914-18). Pater familias and Wesleyan John Nevin snr had not brought his family across the world from Ireland to settle in Tasmania to see them sent off to fight another war. His nightmarish experiences fighting the French in waist-deep snow at the Canadian Rebellions in 1839-40 were set as example enough that none of his family should ever go to war again.

Warwick St Hobart 1890

Warwick and Elizabeth Streets, Hobart, Tasmania.
Thomas J. Nevin snr and family resided in this neighbourhood 1880s-1923
Detail of a view of Hobart, Domain and eastern shore taken from West Hobart
Pretyman Family (NG1012) 17 Aug 1892
Archives Office of Tasmania
Link: https://libraries.tas.gov.au/Record/Archives/NS1013-1-729

William John NEVIN, known as Bill or Will Nevin, the second son to survive to adulthood of photographer Thomas James Nevin and Elizabeth (Day) Nevin, was born at the Hobart Town Hall, Macquarie St. where his family resided during his father's incumbency as Town Hall Keeper. He was registered by his father at birth as William John Nevin on 14 March 1878 (see BMD records in Addenda below). The press reports of 6 May, 1911, however, stated he was arrested and booked as William James Nevin by police on two charges. It appears to be an error made twice by the same or different reporters at the Tasmanian News (May 6, 1911) and the Daily Post (August 19, 1911), although he may have changed his middle name "John" to "James" to avoid confusion with his uncle, his father's brother, Constable John Nevin (William John Nevin, 1852-1891). He was certainly not identical with another Tasmanian, unrelated to the Nevin family of Hobart called William John Nevin, born 16 October 1866, at Longford in the north of the island, son of farmer James Nevin and Mary (Hemphill) Nevin.

The Crimes Act 1900
Section 60 of the Crimes Act 1900 was used by police to bring the charge of incitement to resist arrest against brothers George Nevin in 1909 and Tom Nevin in June 1911. They were charged with having incited their brother Bill Nevin to resist Constable Flude in the execution of his duty on two separate occasions and two years apart, involving the same charge and the same constable. So while their brother Bill Nevin was the cause on each occasion of these charges filed against his two brothers during his arrest by police - and for each incident he was fined just a small amount -  it was George and Tom Nevin who were the real targets of a zealous Constable Flude's pursuit of this family, using the same charge of incitement under Section 60. In addition, a charge under Section 32 of the Crimes Act was used by police to accuse Tom Nevin in 1911 of aggravated assault of police. Prior to 1900, charges of obscene language brought against their father Thomas J. Nevin were applied under Amendment 1888 to the Police Act 1865.

"INCITE" and "RESIST"
Source: Crimes Act 1900
https://www8.austlii.edu.au/cgi-bin/download.cgi/au/legis/nsw/consol_act/ca190082
https://www8.austlii.edu.au/cgi-bin/download.cgi/cgi-bin/download.cgi/download/au/legis/nsw/consol_act/ca190082.txt



TRANSCRIPT

CRIMES ACT 1900
- SECT 60 Assault and other actions against police officers

60 Assault and other actions against police officers

(1AA) A person who hinders or resists, or incites another person to hinder or resist, a police officer in the execution of the officer's duty commits an offence.
Maximum penalty-- Imprisonment for 12 months or a fine of 20 penalty units or both.
(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years

(1A) A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer's duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.

(2) A person who assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.

(2A) A person who, during a public disorder, assaults a police officer while in the execution of the officer's duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.

(3) A person who by any means--

(a)wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and

(b) is reckless as to causing actual bodily harm to that officer or any other person, is liable to imprisonment for 12 years.

(3A) A person who by any means during a public disorder--

(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer's duty, and

(b) is reckless as to causing actual bodily harm to that officer or any other person, is liable to imprisonment for 14 years.

(4) For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer's duty, even though the police officer is not on duty at the time, if it is carried out--

(a) as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer's duty, or

(b) because the officer is a police officer.

Source: https://www8.austlii.edu.au/cgi-bin/download.cgi/au/legis/nsw/consol_act/ca190082

The Case against George Nevin, 1909
Bill's younger brother George Ernest NEVIN (1880-1957) was the fifth child and fourth son born to photographer Thomas J. Nevin and Elizabeth Rachel (Day) Nevin. He was the second surviving son born at the Hobart Town Hall during his father's residency as Town Hall keeper. In adulthood, George Nevin kept vegetable gardens for profit at his Penna estate near Richmond, Tasmania, and shared a carrier business with his older brothers Bill and Tom Nevin. He also kept an extensive collection of family memorabilia, including photographs taken by his father in the 1870s, and records of his younger brother Albert's pacers at the race track. Known as Georgie to his nieces and nephews, he lived with his older sister May Nevin in the big house at 23 Newdegate Street from the time of their father's death in 1923; neither was known to have married.

On 26 June 1909 at the Ship Hotel, Collins Street, Hobart, George Nevin intervened in the arrest of his brother Bill Nevin, who was charged with being drunk and disorderly. He was accused of inciting Bill to resist arrest, of jostling the arresting constables and calling on the crowd to protest. Bill Nevin pleaded guilty, George Nevin pleaded not guilty. Both were found guilty and ordered to pay a fine of 10/- or 7 days' imprisonment.

William and George Nevin, arrests 1909

TRANSCRIPT

CITY POLICE COURT.
MONDAY, JUNE 28. Before Aldermen H. T. Gould and D. Freeman, J's.P.
William Nevin pleaded guilty to a charge of having been drunk and disorderly in Collins street on June 20, and was ordered to pay a fine of 10/ or go to gaol for 7 days.

Inciting to Resist.
George Nevin pleaded not guilty to a charge of inciting one William Nevin a prisoner under arrest, to resist the police in the lawful execution of their duty. Constables Goss and Flude gave evidence to the effect that they had arrested William Nevin on a charge of being drunk and disorderly, and that the defendant tried to pull the prisoner away from them, his action causing the prisoner to resist violently. The defendant also jostled the arresting constables, and attempted to turn the crowd on to them. The Bench found the defendant guilty, and pointed out the seriousness of the offence to him. They ordered him to pay a fine of 10/. with 7 days' imprisonment as an alternative.

Source: CITY POLICE COURT. (1909, June 29). Daily Post (Hobart, Tas. : 1908 - 1918), p. 3.
Link: https://nla.gov.au/nla.news-article187875890



Above: Rabiteers, with George Nevin, extreme right, ca 1890
The verso is signed "George Nevn" [sic].
Copyright © KLW NFC Imprint Private Collection 2009 ARR.

The Case against Tom Nevin, 1911
Bill's elder brother Thomas James NEVIN (1874-1948) jnr, known as Tom (and Sonny to family), son of photographer Thomas James Nevin and Elizabeth (Day) Nevin, was born at his father's photographic studio, 140 Elizabeth St., Hobart Town, the second child born after elder sister Mary Florence Elizabeth (aka May) Nevin in 1872. He was given the same name as his father but did not follow his father's profession of photographer. Tom established a boot-making business at 236 Elizabeth Street, Hobart, in the early 1900s, near the corner of Warwick Street where his parents and five of his siblings - May (born 1872), Bill (born 1878), George (born 1880), Minnie (born 1884) and Albert (born 1888) - had taken up residence at No. 82 Warwick St., opposite the Domeny coach stables at 69-75 Warwick St.

Tom Nevin married Gertrude Jane Tennyson Bates, daughter of bandmaster Walter Tennyson Bates on 6 Feb. 1907 at the Methodist Parsonage, Melville St. and settled into family life in Lochner Street, West Hobart, where Gertrude gave birth to a son Walter in 1909. The child survived just one year. He died of bronchial pneumonia and was buried - on 16th August 1911 - just three days before Tom was called into court to face the magistrate's decision - on 19th August 1911 - for the charge against him of inciting his brother Bill to resist arrest.

Without doubt, Tom Nevin's emotional suffering that week was immeasurable. He was facing imprisonment for an unfounded and unproven charge. Costs incurred at trial over months by his legal counsel, the well-heeled former Attorney-General G. Crosby Gilmore, had placed considerable financial distress on his wife, and with the sudden death of their baby son Walter just days before the court's decision, they would have questioned whether Bill Nevin, the brother whose scuffles with police had led to their reduced circumstances, was ever going to be safe.



Subject: Tom or "Sonny" Nevin (T. J. Nevin jnr)
Location and date: Peacock's Jam Factory, Salamanca Place, Hobart, 1905
Photographer: unknown
Provenance: Nevin family by descent
Copyright © KLW NFC Group Private Collection


Tom Nevin was defending the charge of inciting his brother Bill Nevin to resist arrest on the evening of 5th May, 1911 outside the Nevin family residence at 82 Warwick Street, Hobart when the police additionally accused him of assaulting them under Section 32 of the Crimes Act 1900. On August 19th, 1911, the Police Magistrate finally gave his reserved decision and dismissed the case.



Source: https://www8.austlii.edu.au/cgi-bin/download.cgi/au/legis/nsw/consol_act/ca190082

Press reports May to August 1911
In each case leading to the arrests of all three Nevin brothers in 1909 and 1911, Constable Flude consistently lied about the sequence of events and rough handling by police. In the first of these press reports during the case against Tom Nevin in 1911, Constable Flude grossly exaggerated his account of the arrest of Bill Nevin with accusations that he "acted like a madman" and needed "four policemen" to take him to the police station.

1. CITY POLICE COURT (1911, May 6). Tasmanian News (Hobart, Tas), p. 2.
Link: https://nla.gov.au/nla.news-article187120196

TRANSCRIPT

CITY POLICE COURT
At the City Police Court to-day, before Mr. W. O. Wise, P.M. Inspector Weston prosecuting. William James [sic, John not James] Nevin was charged with having been drunk and disorderly in Elizabeth street on May 5, and with having resisted Constable Flude in the execution of his duty.
Constable Flude stated the defendant was very much under the influence of drink, and using indecent language. When witness attempted to arrest him, he acted like a madman, and it took four policemen to bring him to the station.
The P.M. imposed a fine of 10s, or in default seven days in imprisonment, on the first, and £1, or 14 days, on the other charge.

Source: CITY POLICE COURT (1911, May 6). Tasmanian News (Hobart, Tas. : 1883 - 1911), p. 2.
Link: https://nla.gov.au/nla.news-article187120196

G. Crosby Gilmore, Counsel for the defence
Tom Nevin's defence, former Attorney-General G. Crosby Gilmore, brought Elizabeth Rachel (Day) Nevin, mother of the two brothers involved in this case, to testify in court that when police were called by onlookers, the cause of blood on her son Tom's face was not from any event that took place inside the house. Her sons had not been fighting with each other. Her son Tom was in his shop when he saw a man in a scuffle with his brother Bill outside on the street. When the police arrived, it was Bill they arrested, accusing Tom who followed them, crying out to police not to kill his brother, that he was inciting Bill to resist arrest. It was then that Tom's lip was cut and bloodied from police assaulting him. Mr Gilmore made it very clear to the court that Tom Nevin was an emotional man who had never before been in court, that he was innocent of the charge of inciting his brother to resist arrest, and that the blood on his face was from police striking him. Inspector Weston, counsel for the plaintiff, counter-attacked by suggesting to Tom Nevin that his brother Bill had kicked a constable so hard in the groin it "nearly ruined him for life".

Defence Counsel G. Crosby Gilmore effectively argued that Bill Nevin was resisting arrest BEFORE Tom Nevin ran to his brother's rescue. This was first inadvertently admitted by Constable Flude himself on June 2, (1911) in court. When questioned by Inspector Weston, he agreed that Bill had resisted "before his brother interfered? Oh, yes". The second argument centred on the vagaries around legal definitions of INTENT: it was not Tom Nevin's intention to incite his brother nor to obstruct police, he was simply begging the police not to be too rough with his brother, G. Crosby Gilmore argued, and there was nothing illegal in that. The case was dismissed, the charge dropped against Tom Nevin.



Defending Tom Nevin was former Attorney-General, G. C. Gilmore
Photographic portrait of the Hon. G. C. GILMORE Attorney-General of Tasmania 1904-06
Archives Office Tasmania. Link: https://libraries.tas.gov.au/Digital/PH30-1-9972/PH30-1-9972

2. INCITING TO RESIST. (1911, June 2). Tasmanian News (Hobart, Tas.), p. 4 (5.30 EDITION).
Link: https://nla.gov.au/nla.news-article187122698

TRANSCRIPT

INCITING TO RESIST

THE CONSTABLE'S EVIDENCE

A WARM JOB

Thomas Nevin was charged at the City Police Court today with having incited Wm. Nevin to resist Constables Flude and Jackson at Hobart on May 5.

He pleaded not guilty, and was defended by Mr G. C. Gilmore. Inspector Weston prosecuted.
Constable Flude said that on the night of the 5th May he had occasion to arrest the defendant's brother, Wm. Nevin. The defendant came from out of their house. He was in a very excited state, and was calling out "Don't murder him, " and also "Give him a chance". At the time they had William Nevin on the ground, where he was struggling and kicking violently. Defendant kept coming towards them and inciting him to resist. When they got Wm. Nevin on his feet he began to kick, and they - Constable Jackson and himself - found it necessary to call help. Defendant followed them down to the station, continually singing out. Going down he kept repeating , "Don't kill the man. If he's dead in the morning there will be plenty of witnesses." They gave the arrested man a chance to walk, but he refused. Defendant, Thomas Nevin, accused the police of having assaulted him, He (witness) then told him that only for him being a decent fellow he would have put him where his brother was.
Mr Weston: - Did the interference of Thomas Nevin cause William Nevin to resist? Oh, yes, I should say so.
But did he resist before his brother interfered? Oh, yes.
What did Thomas Nevin do to make William Nevin to resist? His brother calling out caused Wm Nevin to resist.
Mr Gilmore: - Did Wm Nevin's kicking and all that cause you to use him rather roughly - No, I don't believe to being rough.
Constable Wm. Jackson gave corroborative evidence. The defendant rushed up when they were arresting his brother, and said, " Oh, my poor brother, you are killing him."
To Mr. Wise: - There was a disturbance in the defendant's house, and he heard a voice calling out, "Oh, Bill", "Oh Bill," and when the defendant came to the door there was blood all over him.
Constable Clements gave evidence that he had been called to the assistance of Constables Flude and Jackson, who were taking the present defendant's brother to the police station, He corroborated the evidence of the other witnesses.
Mr. Gilmore said that defendant, Nevin, has never been in a police court before, He was a man of intensely emotional character and had a wholesome fear of the law. In a case like this the Bench should look at intent. The intention of defendant all the time was to ask the police not to hurt his brother, and he had no intention whatever of inciting him to resist.
The defendant, Thomas Nevin, said that he was working at his shop on the night of the 5th inst., when he heard a tussle near his door. He went to the window and a saw a man with his brother, who was in a state of intoxication. His brother was then brought in, but he went out again by the back way. There was some trouble in the street after that and his brother was arrested by a policeman. The constables were very rough, and he said "Give him a chance, let him up." At that time they had his brother on the ground across the gutterway. He went towards his brother, and one of the policemen swung back and hit him (witness) in the face. He went back to his shop, and then came out and followed the police. They were carrying his brother, but would insist on carrying him with his head lower than his feet, and witness asked them several times to carry him properly. He did not at any time incite his brother to resist.
Mr Gilmore: - What was your condition - your feeling - at the time? I was very much broken up at the time, and was crying part of the way.
To Mr. Weston: - There was no disturbance in the house, only that caused by his brother.
Mr. Weston: - Did you see your brother kick the police? No, I did not.
Elizabeth Nevin, mother of the defendant, corroborated the statement of her son.
Henry John Mills also gave evidence.
Mr. Gilmore: - Did you see the defendant inciting Wm Nevin to resist? - No, I did not: but I heard him screaming and crying, and saying something about killing.
It was decided at this stage to adjourn the case till Friday next.

Source: INCITING TO RESIST. (1911, June 2). Tasmanian News (Hobart, Tas.), p. 4 (5.30 EDITION)
Link: https://nla.gov.au/nla.news-article187122698

Elizabeth Rachel (Day) Nevin testified in court that neither of her sons Tom or Bill had been fighting inside her house, nor had Tom any blood on his face until he was struck by police.

Elizabeth Rachel Nevin 1900

Detail of larger portrait of Elizabeth Rachel Nevin nee Day (1847-1914) taken ca. 1900
Wife of by photographer Thomas J. Nevin (1842-1923
Mother of the three sons Tom, George and Bill Nevin arrested in 1909 and 1911
Copyright © KLW NFC Group & KLW NFC Imprint Private Collection

3. POLICE COURTS. (1911, June 3). The Mercury (Hobart, Tas.), p. 8.
Link: https://nla.gov.au/nla.news-article10103238

TRANSCRIPT

INCITING TO RESIST THE POLICE
Thomas J. Nevin was charged with having incited his brother Wm. Nevin to resist the police whilst the latter was under arrest for being drunk and disturbing the peace. He denied the charge and was defended by Mr. Crosby Gilmore. Inspector Weston conducted the case.
Constable Flude said that about 9.15 pm on the 5th ult. he was called to a disturbance at defendant's house in Warwick street near Elizabeth street where they had occasion to arrest Wm. Nevin who was drunk and disturbing the peace. Defendant interfered, was very excited and kept calling out not to kill his brother not to murder him but to give him a chance. At the time witness had Wm. Nevin on the ground where he was struggling and kicking violently. Witness told the defendant to desist his interference or he would get into trouble. Constable Jackson blew his whistle and as they got Wm. Nevin to his feet the prisoner commenced kicking. Constables Clements and Hudson came up and the four of them had to carry Nevin to the police station. Defendant followed and interfered on the way and accused the police of having assaulted him and cut his lip. His conduct caused the prisoner to further resist and became more violent.
In reply to Mr Gilmore: We were not rough with the prisoner at all. We were not so severe on him as we should have been as my leg was painful the next day from his kicking. Hitherto I regarded the defendant as a decent man; he might be very emotional. I will swear that one of the other constables did not hit him but he asserted that he had had been struck by the police.
Constable Wm Jackson gave corroborative evidence and swore positively that neither he nor the other constables struck the defendant; when he came out of the house there was blood on defendant's face and he was very excited. There was a crowd outside urging the constables to interfere as they were "killing one another in the house".
Constable Clements gave similar evidence.
Mr Gilmore said the defendant had never been in a court of any sort before and had no intention of breaking the law; he was excited over his brother being taken to the lock-up.
The defendant gave evidence denying the charge. He got excited over the police dragging his brother along the ground and pleaded for him being given a chance when one of the constables swung his arm backwards and struck him as he (witness) stood behind. He only spoke to the police because he considered the police were treating his brother too roughly.
Inspector Weston: Do you know that your brother kicked one of the constables and nearly ruined him for life? - No I do not.
Inspector Weston: And after you interfered he became more violent.
Elizabeth Nevin, defendant's mother, swore that defendant did not leave the house with his mouth bleeding and that there was no disturbance inside.
Henry T Mills, called for the defence, said that W. Nevin was drunk and very violent and the defendant was screaming crying and shouting, "They'll kill him."
The further hearing of the case was adjourned till Friday next for the consideration of the legal point of whether what the defendant did amounted to an intention to incite the prisoner to resist.

Source: POLICE COURTS. (1911, June 3). The Mercury (Hobart, Tas. : 1860 - 1954), p. 8.
Link:https://nla.gov.au/nla.news-article10103238

4. WHAT IS INCITING? (1911, June 30). The Mercury (Hobart, Tas. : 1860 - 1954), p. 3.
Link: https://nla.gov.au/nla.news-article10106117.

TRANSCRIPT
WHAT IS INCITING?

A LEGAL TECHNICALITY.

The adjourned hearing of the case in which Thomas Nevin was charged with inciting a prisoner to resist came on again yesterday at the Hobart Police Court, before Mr. W. O. Wise, P.M., when Mr. Gilmore, counsel for the defendant, addressed the Bench at length on the law regarding such an offence.
Mr. Gilmore said defendant's intention was to get the police to be less rough with his brother, who at the time was under arrest. He had absolutely no intention to incite his brother to resist. If a man was doing something perfectly legal in itself, and something followed from it which he did not intend and of which he had no conception, he was not responsible. There was nothing illegal in Nevin's begging the police not to be too rough with his brother, and there was no proof that he intended to incite his brother to resist. He submitted as a general principle that under any penal statute intent is a necessary ingredient, and must be proved unless the statute in express words negatives [legal use of word as verb] the need of proving such intent, or there was a necessary inference to be drawn from the wording of the statute that intent need not be proved. According to the law, as he read it, there was certainly nothing which directly negatived the need for proving intent, nor could any inference be drawn in that respect. He further submitted that Nevin, who was admittedly a decent fellow, and had never been in court before, was not guilty of inciting his brother to resist the police. He had no intention of inciting, nor did he believe that he was inciting.
The P.M. said he did not believe that Nevin said the words with the idea of inciting his brother to resist. The fact, however, remained that he did use them. He would go into the law on the point, and give a decision later.

Source: WHAT'IS INCITING? (1911, June 30). The Mercury (Hobart, Tas. : 1860 - 1954), p. 3.
Link: https://nla.gov.au/nla.news-article10106117

5. CHARGE OF INCITING TO RESIST. (1911, August 19). Daily Post (Hobart, Tas.), p. 5.
Link: https://nla.gov.au/nla.news-article178350509

TRANSCRIPT

CHARGE OF INCITING TO RESIST.
INTERESTING JUDGMENT.

The Police Magistrate (Mr. W. O. Wise) gave his reserved decision on August 30 in the case in which Thomas Nevin was charged with having incited a prisoner, his brother William James [sic - John, not James] Nevin, to resist Constables Flude and Jackson in the execution of their duty at Hobart on May 5.
Mr. Wise stated: "The defendant in this information, Thomas Nevin, was charged with having incited a person to resist. The defendant pleaded not guilty, and was defended by Mr. G. Grosby Gilmore. The evidence of the constables who had the said William James [sic] Nevin under lawful arrest was that the defendant Thomas Nevin was calling out 'Don’t kill him,' meaning the prisoner, and 'Give him a chance,' and such like expressions. The prisoner resisted violently, and had to be practically carried to the station. The defendant gave evidence on his own behalf, and stated that he did not attempt or intend to incite his brother to resist, but that his object in speaking to the police was to protect his brother, as he thought he was being roughly handled. The counsel quoted a number of authorities as to the meaning of the word ‘incite,’ and contended that there was no intention on the part of the defendant to incite his brother to resist.
“As far as I have been able to ascertain there is no direct decision upon what amounts to inciting a prisoner to resist, and I have come to the conclusion that each case must be decided upon its own merits. Mr. Gilmore contended that there must be some act or words of the defendant which showed that he intended to incite the prisoner to resist, although I can conceive such a case where a person, without addressing a prisoner directly, but by remarks to the arresting constable, would incite a prisoner to resist. In this case the strongest factor in the defendant's favor was that before he came upon the scene of the arrest his brother was violently resisting the constables.
"Upon perusing the evidence I have endeavored to ascertain whether the conduct of the defendant incited the prisoner, and I have come to the decision that although the conduct of the defendant, and also his remarks were most indiscreet yet they were not the cause of the prisoner resisting the police. The information will therefore be dismissed."

Source: Daily Post (Hobart, Tas. : 1908 - 1918), Saturday 19 August 1911, page 5
Link: https://nla.gov.au/nla.news-article178350509



Thomas James Nevin jnr, known as Tom Nevin (1874-1948)
Also known as Sonny to family, taken by a family member ca. 1947
Photo copyright © KLW NFC 2020 Private Collection

Tom Nevin with wife Gertrude Tennyson Bates, (1883-1958) and their second son Athol Clarence Nevin (born  Launceston, 26 October 1915), travelled to California in 1920 to reside for a time with his wife's family who had migrated there in the early 1900s. They returned to Hobart in 1922. Tom Nevin joined the Salvation Army soon after. He was farewelled as Sergeant Tom Nevin on his death in 1948, his address given as 23 Newdegate St. North Hobart, where three of his siblings - May, George, and Albert and family - still resided. By 1949, Tom and Gertrude's son Athol, who had served in WW2 and changed his middle name to "Tennyson", was resident in Melbourne, working as a storeman.

Some Quiet Observations
Bill Nevin's personal reasons for finding himself in the midst of altercations in public and the calls for his arrest might never be known. He may have inherited his father's alleged alcoholism more as a genetic disorder than a behavioural issue when arrested for being drunk and disorderly in 1909, and drunk and disturbing the peace in 1911. Temperance was certainly a factor in the lives of his nieces and nephews, remembered and noted even today for abstinence. Noted too were the family's objections to war. Not since the emigration of their grandfather John Nevin to Tasmania in 1852 would a single direct descendant ever serve in a war, which was not the case for the other (unrelated) Nevin family who had settled at Hadspen in the north of the island. James and Mary (Hemphill) Nevin 's grandson Archibald Reinmuth Nevin was 24 yrs old when he was killed in action in Belgium on 23 September 1916.

Just possibly, Bill Nevin in his twenties was simply an exuberant, happy fellow, given to drinking and dancing and singing too loudly in public. But to authority he was hostile, which might explain his furious response to provocations resulting in scuffles and arrests with the ensuing brutal treatment by police, and the anxiety of both his brothers to protect him. Tom had shouted at Constables Flude and Jackson not to murder his brother Bill during the incident outside the house in Warwick St. on the evening of May 6, 1911, fearing they might actually kill him.

Whatever the incident, the police saw Bill Nevin as fair game, a target for their social prejudices and physical abuse for several reasons, and not all to do with the law. They would likely interpret his attention-seeking behaviour and snappy dress-sense as signs he might not be a cis-gender male. Since Bill Nevin was working as a shop assistant during these years (Denison electoral rolls 1905 ...), he would dress like all front-of-store men who were employed at large shops such as Fitzgerald's and Moran & Cato's or at the fancy shoe-shop called Ray's (photo below). He would suit-up in a three-piece, button-hole a gold chain for his fobwatch, wax his moustache, curl his forelock, and pin a pansy to his lapel, as in this photograph ca. 1897:

Wm John Nevin 1900

Sporting a fancy fedora with a teardrop crease and front pinch in finest wool (as in the signed negative photo below ca. 1908), his grooming fit the stereotype of the gay bachelor shop assistant for whom Constable Flude would undoubtedly pursue to find a law with a view to arrest.



Ray's shoe store, Hobart, Tasmania (c1900s)
Photographer; C. P. Ray, Tasmanian Archive and Heritage Office: album at Flickr

Bill's single marital status too was another unknown aspect of his family life. His three siblings - brothers Tom and Albert and younger sister Minnie were either married by 1909 or would eventually marry and have children, but William seemed to have stayed single. But so too it seems, had George and his eldest sister May (Mary Florence Elizabeth Nevin) who was rumoured to cross-dress and follow her brother George around at night - she never married and even devoted her life to her father, caring for him until his death in 1923. Bill Nevin wore the stereotypic signs which police perceived to contradict the conventional masculine norms of the day as indices of deviance. Tasmania decriminalised homosexuality in 1997, the last Australian state or territory to do so, and was the only state to criminalise "cross-dressing", which was decriminalised in 2001 [!!!]. Perhaps Bill Nevin was gay, perhaps not. The lack of  historical marriage records in his name means little but he certainly went a-wooing with prints such as this one signed "Yours Truly, Will". If the intended recipients of this print were strictly female, no evidence has yet emerged that he actually married one. That he signed himself "Will" here when immaculately dressed to the nines while his siblings called him by the more vernacular  "Bill" was another sure sign he saw himself well above the status of the grubby policemen who stalked him.



Negative inscribed by Bill Nevin, signing himself as "Will"
"Yours Truly, Will": William John Nevin ca. 1905-1910
Print from a glass negative of Thomas J. Nevin's third son William John Nevin (1878-1927)
Copyright © KLW NFC Group and KLW NFC Imprint, Shelverton Private Collection ARR

Wm John NEVIN, prison record 1920
Soon after the death of their father Thomas J. Nevin in 1923, his four adult children - Bill (William), George,  Albert and May (Mary Florence) Nevin - moved to the large property at 23 Newdegate St. North Hobart. Albert had married in Launceston in 1917 and brought his wife Emily Maud Davis with him. They occupied the small cottage on the property.  Bill, George and May were single and lived in the big house fronting Newdegate Street. Bill was working as "cook" in 1920 when lost his temper, unleashing a series of expletives. He was photographed at the Police Office Hobart on 8th December, 1920, charged with using obscene language. The charge "obscene language", of course, might have denoted any mild curse or epithet. These sorts of menial and trivial charges were a source of revenue for the Tasmanian Government in an era when personal income tax was yet to be formally legislated.





Name: Nevin, William
Record Type: Prisoners
Year:1920
Record ID: NAME_INDEXES:1483648
Link: https://libraries.tas.gov.au/Digital/GD63-1-5P726

William Nevin, charged with obscene language on 8th December 1920, was sentenced to three days at the Police Office, Hobart. These police records in Book 7 were damaged by fire at the Hobart Gaol, but some detail is visible: William's occupation was "cook" in 1920, for example. His moustache had become a shaggy half-horseshoe once again.

Wm John NEVIN, accidental death 1927
William (Bill or Will) Nevin established a carrier and furniture removal business in the early 1920s which he partnered with his elder brother Tom, younger brother Albert and brother-in-law James Drew who had married their younger sister Minnie Nevin in 1907. They had vans as well as carts and horses, operating from Morrison St. Hobart Wharf and nearby Market Place. When siblings May, Albert, George and Bill Nevin moved to the property at 23-29 Newdegate St. in 1923 on the death of their father Thomas J. Nevin (registered as "photographer" on his burial certificate), Bill maintained the carrier business there until his untimely death in a horse and cart accident in 1927.

William John (Bill) Nevin was 49 years old when he died in a horse-and-cart accident on the 28th October 1927. The accident and coroner's inquest were reported in the press, 31st October 1927. The death of Bill Nevin, victim of drink, was served up as a moral about alcohol for Mercury readers.



William John Nevin (1878-1927)
Verso inscription "William J. Nevin, Furniture Removalist"
Unattributed, no date, ca. 1926? Died in a cart accident, 1927.
From the estate of William John Nevin (1878-1927)
Copyright © KLW NFC Imprint Private Collection

TRANSCRIPT
FALL FROM A CART
DEATH Of WILLIAM JOHN NEVIN.
VICTIM OF DRINK.
The Coroner (Mr. E. TV. Turner) found, on Saturday, that William John Nevin, aged 49 years, who died in the Hobart Public Hospital on Wednesday last, succumbed to wounds accidentally received as the result of having fallen from a cart in Elizabeth Street the previous day. At the inquest, the police were represented by Inspector A. Bush.
The story of the accident was told by Percy Johnson, a carter, living in Murray Street. On Tuesday night, about 8.20, he said, Nevin and a man named Leslie Smith came to his house under the influence of drink. Nevin's cart was standing outside the Waratah Hotel. Witness joined the two men, and had a drink with them In the hotel. Smith was not served with intoxicants, as "he had had too many." The three then got into the cart, and witness intended to drive the other two home. However, Nevin Insisted on driving, and they went along Warwick Street and down Elizabeth Street at full gallop. They "pulled up" outside McLaren's Hotel, in Collins Street, and when they got out of the cart a man said to witness, "There are two sergeants on the corner watching you." Witness got the two men into the cart again, and took charge. Nevin and Smith sat down. Witness drove up Elizabeth Street until just before Warwick Street. Smith's legs were hanging over the back, and he said, "Pull up. I am going to get out." Witness "pulled up " and Smith and Nevin got out. A few minutes later they got Into the cart again. Nevin stood up and made a dash forward. He snatched the reins from witness, and fell over the side. Witness felt a bump, and when he got out he saw Nevin on the ground, with the reins round his foot and his leg through the wheel. He drove Nevin and Smith to the Public Hospital.

Charles Harold Dowsing, an eye-witness of the events which occurred when the cart returned up Elizabeth Street, near Warwick Street, corroborated the evidence given by Johnson. Smith was not called.

Dr. B. M. Carruthers, House Surgeon at the Public Hospital, said there were hardly any signs of external injury on the deceased when he was admitted to hospital. He was injured severely internally. His collar-bone was broken, a broken rib had pierced a lung, and another had pierced his heart. Death was due, in the first place, to shock, and, secondly, to collapse caused by haemorrhage.

The Coroner said that deceased was another victim of drink. His finding would be that death was due to injuries accidentally received as a result of a fall from a cart in Elizabeth Street, Hobart. The moral was obvious.

Source: FALL FROM A CART (1927, October 31). The Mercury (Hobart, Tas), p. 9.
Link: https://nla.gov.au/nla.news-article24206465

In Memoriam notice from Bill Nevin's siblings, 1928

In Memoriam 1828 Nevin family Hobart

Family Notices (1928, October 26). The Mercury (Hobart, Tas. : 186 - 1954), p. 1.
https://nla.gov.au/nla.news-article24236425

Addenda

1. GAY YOUNG THINGS
These photographs were passed down by descent from the estate of William (Bill) Nevin. They were taken in the Edwardian period, the years 1900s-1920s named for fashions set by the Prince of Wales [King Edward VIII] when young working class men who liked to dress for occasions favoured a three piece suit, rounded shirt collars, cuffs, a Prince Albert fob chain and and a wide-brimmed fedora, the sort worn by Prince Edward when he visited Tasmania in 1920.



One of Thomas and Elizabeth's four adult sons -
Possibly George or Tom (Thomas J. jnr) or Bill (William John) Nevin ca. 1901
Posed in best suit - full length portrait with wicker whatnot.
Family photograph taken at home by his father Thomas Nevin snr
From the estate of William John Nevin (1878-1927)
Copyright © KLW NFC Imprint Private Collection 2020 ARR.



Subject: two well-dressed young men, unidentified, seated on a studio railing
Photographer: Burrows & Co. Studio, Launceston
Location and date: Launceston Tasmania ca. 1910
Details: Cabinet photograph printed as a postcard
From the estate of William John Nevin (1878-1927)
Copyright © KLW NFC Group & KLW NFC Imprint Private Collection



Subject: two well-dressed young men, unidentified, one seated one standing
Photographer: unknown
Location and date: possibly Melbourne or Sydney ca. 1923
Details: Cabinet photograph printed as a postcard
Verso inscribed with mostly illegible information about dancing to "The Blue Lagoon"
From the estate of William John Nevin (1878-1927)
Copyright © KLW NFC Group & KLW NFC Imprint Private Collection

POSTCARD verso: "... they have a lot of different dances over here but they have grand hall's & always a orchestra playing they play the Blue Lagoon for a Barn Dance and it goes all right ..."

This recording made for the 1923 film "The Blue Lagoon" is most likely the music mentioned by the writer of this postcard.



"The Blue Lagoon" is a lost 1923 British-South African silent film adaptation of Henry De Vere Stacpoole's 1908 novel of the same name about children who come of age while stranded on a tropical island ....
Sources:
https://en.wikipedia.org/wiki/The_Blue_Lagoon_(1923_film)#Development
https://youtu.be/iTlbuA20ThI?feature=shared

2. BDM RECORDS: William John (Bill) NEVIN (1878-1927)

1878: Birth registration



Name: Nevin, William John
Record Type: Births
Gender: Male
Father: Nevin, Thomas
Mother: Day, Elizabeth Rachel
Date of birth: 14 Mar 1878
Registered: Hobart 1878
Record ID:NAME_INDEXES: 1093874
Link: https://libraries.tas.gov.au/Record/NamesIndex/1093874

1927: Burial registration
Source: https://libraries.tas.gov.au/Record/NamesIndex/1560157,Church of England EE - Page 24, Plot 277





Nevin, William John
Record Type: Deaths
Age: 49
Description: Last known residence: 23 Newdegate St
Property: Cornelian Bay Cemetery
Date of burial: 28 Oct 1927
File number: BU 26646
Record ID: NAME_INDEXES:1560157
Link: https://libraries.tas.gov.au/Record/NamesIndex/1560157


3. BDM RECORDS: Thomas James "Tom" NEVIN (1874-1948)
https://libraries.tas.gov.au/Record/NamesIndex/976011

1874: Birth registration



Nevin, Thomas James
Record Type: Births
Gender: Male
Father: Nevin, Thomas James
Mother: Day, Elizabeth Rachel
Date of birth: 16 Apr 1874
Registered: Hobart
Registration year: 1874
Record ID:NAME_INDEXES: 976011
Link: https://libraries.tas.gov.au/Record/NamesIndex/976011


1907: Marriage to Gertrude Jane Tennyson BATES

Nevin, Thomas James
Record Type: Marriages
Spouse: Bates, Gertrude Jane Tennyson
Date of marriage: 06 Feb 1907
Where married: Melville Street, Hobart
Registration year:1907
File number: 465
Record ID: NAME_INDEXES:1940114
Link: https://libraries.tas.gov.au/Record/NamesIndex/1940114


1909-1911: Birth and death of son Walter Sydney Tennison NEVIN



Name: Nevin, Walter Sydney Tennyson
Record Type: Births
Gender: Male
Father: Nevin, Thomas James
Mother: Tennyson Bates, Gertrude Jane
Parent occupation: Storeman
Date of birth: 09 Dec 1909
Registered: Hobart
Registration year: 1910
Central registration number: 711
Record ID: NAME_INDEXES:2209131
Link: https://libraries.tas.gov.au/Record/NamesIndex/2091128




DEATH from bronchial pneumonia: Nevin, Walter Sydney Tennison
Record Type: Deaths
Gender: Male
Date of death: 14 Aug 1911
Where died: Paternoster Row, Hobart
Registration year: 1911
File number: 1141
Record ID: NAME_INDEXES:1998961
Link: https://libraries.tas.gov.au/Record/NamesIndex/1998961


Wallet 1900s

Leather wallet with initials "W. J. Nevin" 1880s-1927
From the estate of William John Nevin (1878-1927)
Copyright © KLW NFC Imprint Private Collection

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