Showing posts with label QVMAG. Show all posts
Showing posts with label QVMAG. Show all posts

Prisoner Philip BURTON



Mugshot of prisoner Philip BURTON
Taken 1873-1879 Hobart Gaol Campbell St.
Photographer: Thomas J. Nevin
TMAG Ref: Q15595

This is one of two extant duplicate photographs in carte-de-visite format produced by Thomas Nevin from his original glass negative taken of prisoner Philip Burton in September 1873. This cdv was originally held in the Queen Victoria Museum and Art Gallery, acquired from John Watt Beattie's estate in the 1930s. When the QVMAG typed out a list of their collection in the 1990s, it was numbered as "131" and shown as missing from their collection, along with 126 more (one hundred and twenty-seven in total missing from a list of 199). It was returned - not to the QVMAG but to the TMAG - after being exhibited at the Port Arthur heritage site in 1983. The recto number was applied by the QVMAG, but the verso number "290" was applied ca. 1915 when exhibited and offered for sale by John Watt Beattie at his museum in Hobart.



Verso: CDV of prisoner Philip BURTON taken 1873-1879 Hobart Gaol Campbell St.
Photo numbered "131" on recto and "290" on verso
Photographer: Thomas J. Nevin
TMAG Ref: Q15595

The National Library of Australia holds a duplicate (from Nevin's original glass negative) of this same photograph, donated in the 1960s by Neill Gunson from government estrays (Sprod papers NLA MS 2320, 1964). This cdv bears no numbering on the front but two sequential numbers on verso, "289" and "290", an indication that they were a pair of cdvs which was split up and distributed from the original acquisition of Beattie's collection at QVMAG after 1930.



CDV of prisoner Philip BURTON taken 1873-1879 Hobart Gaol Campbell St.
Photographer: Thomas J. Nevin
Photographed at the NLA on 16th December 2016
Photo © KLW NFC 2016 ARR. Watermarked.



Verso: CDV of prisoner Philip BURTON taken 1873-1879 Hobart Gaol Campbell St.
Photographer: Thomas J. Nevin
Photographed at the NLA on 16th December 2016
Photo © KLW NFC 2016 ARR. Watermarked

NLA CATALOGUE NOTES


Transportation Records
Name: Burton, Phillip
Record Type: Convicts
Departure date: 13 May 1845
Departure port: Downs
Ship: David Malcolm
Voyage number: 367
Remarks: Off Norfolk Island per Tory May 1847
Index number: 9531
Record ID: NAME_INDEXES:1377810
Archives Office of Tasmania

Police Records
Philip Burton was 43yrs old when he was sentenced to six years for assault and robbery in 1868.



Philip Burton was charged on 14th April 1864 for assault and robbery, sentenced to 6 years, and discharged on 11th November 1868.

Within 18 months, Burton was remanded for breaking and entering.



Source: Launceston Examiner (Tas. : 1842 - 1899) Thu 11 Aug 1870 Page 5 POLICE COURT.

TRANSCRIPT
POLICE COURT.
TUESDAY, AUGUST 9.
(Before T. L Mason, Esq., P.M.)
Burglary.-William Bishop and Philip Burton were charged by Detective-Sergeant Wilson with, on the night of the 6th August, feloniously and burglariously breaking and entering the shop of John Cartledge and Son, and stealing therein a quantity of tobacco and a bag. The prisoners were remanded for a week....
In 1873 he was sentenced to another lengthy term. once again for breaking and entering.



Source: Launceston Examiner (Tas. : 1842 - 1899) Sat 30 Aug 1873 Page 3 THE RECORDER'S COURT.

TRANSCRIPT
Philip Burton charged with burglariously breaking and entering the dwelling of Daniel Webb, of Cleveland on the 3rd August, and stealing twelve striped shirts, and 2lbs of tobacco, the property of F. A. Padfield, of Campbell Town.
The Mercury gave a fuller account of how Philip Burton evaded a charge of burglary by dropping the bundle he had stolen from Padfield's store before being apprehended by Constable Houghton, pleading guilty in court to the lesser charge of "receiving".



Source: The Mercury (Hobart, Tas. : 1860 - 1954) Wed 3 Sep 1873 Page 3 RECORDER'S COURT, LAUNCESTON.





Source: The Tasmanian (Launceston, Tas. : 1871 - 1879) Sat 6 Sep 1873 Page 3 RECORDER'S COURT, LAUNCESTON.

Philip Burton was sentenced to 8 years. He was relocated from the Launceston Court to the Hobart Gaol together with the two other prisoners with lengthy sentences arraigned in this same session - William Burley or Burleigh, 8 years, and Henry Cavanagh, 6 years, All three were photographed on arrival at the Hobart Gaol by Thomas J. Nevin on the 17th September 1873:



Prisoner William Burley photographed September 1873 Hobart Gaol
QVMAG Ref: 1985_p_0074
Photographer: Thomas J. Nevin



Prisoner Henry Cavanagh photographed September 1873 Hobart Gaol
NLA Call Number PIC Album 935 P1029/76
Photographer: Thomas J. Nevin.

Henry Cavanagh was not sent to Port Arthur, as the verso transcription claims. His name does not appear in the House of Assembly Journals, Nominal Return of Prisoners sent to Port Arthur since its transfer to Colonial Government in 1871, tabled in Parliament on 11th June, 1873. He was discharged before that date, on the 14th June 1872 after sentencing of one month in Hobart, and arraigned in Launceston nine months later, on the 3rd September 1873. He was received at the Hobart Gaol, sentenced to 6 years, and photographed there on 17th September 1873 by T. J. Nevin.

The numbering on the verso of this carte-de-visite, according to the NLA notes is "306". This is an archivist's number which would date from ca 1916 when sourced from Beattie's Museum for the travelling exhibition on board the convict hulk, Success. The transcription "Taken at Port Arthur 1874" was added at that time to encourage local and intercolonial tourism to the ruins of the Port Arthur prison site. More numbering was added in 1938 when the QVMAG exhibited more of these photographs from their acquisition of Beattie's collection, perpetuating the spin for the tourist that the men in these photographs were "Port Arthur convicts" rather than ordinary habitual criminals which was the mundane reality when they were photographed at the Hobart Gaol on arrest, sentencing and discharge. Further numbering on these CDVs dates from the 1960s with the donation of 87 CDVs of Tasmanian prisoners by Neill Gunson from Benevolent Society estrays to the National Library of Australia, and more numbering again appeared on both front and back of these CDV mugshots when the QVMAG broke up the Beattie collection and distributed more than 70 (seventy) for exhibitions in the 1980s at Port Arthur, and the National Portrait Gallery Canberra. The majority of these copies and duplicates from the QVMAG's collection of Nevin's original glass negatives taken in the 1870s were returned to the TMAG; many were copied for the Archives Office of Tasmania, and some surfaced in private collections.

Philip Burton was discharged from the Hobart Gaol on 5th February, 1879.



Thomas Harper was discharged the same day as Philip Burton, on 5th February 1879 when both prisoners were photographed again prior to discharge. Thomas Harper testified against a fellow prisoner, Joseph James Cooper, reported in the press in February 1879. This is Cooper's mugshot, taken by Nevin in March 1879; Thomas Harper's mugshots is also extant (TAHO GD67-1)



Joseph James Cooper, photographed by T. J. Nevin on Cooper's arrest, unshaven, in the grey uniform he wore when brought up from the gaol for his arraignment at the Supreme Court on 4th March 1879, on the charge of forgery. Source: KLW NFC Group 2015 and the Port Arthur Historic Site Resource Centre.

FORGING AND UTTERING. - Joseph James Cooper and Charles Fyshe, were brought from the gaol in the Government clothing, the former charged with having on the 29th day of January, uttered a forged order for £58 16s, with intent to defraud, and the latter with having forged an order for £65 10s 6d with a similar intent. The facts of this case have already been made public, the prisoner Cooper, who was employed in the Botanical Gardens, having taken an expedition to town in the afternoon of the day mentioned, and passed the forged order on Mr. Robb, the sadler, of Elizabeth-street. He also endeavoured to pass the other order at Mr. Walch's shop. The greater part of the evidence against the prisoners was taken on Friday last. Cooper yesterday again cross-examined the witnesses as to matters of detail, and incautiously evinced a knowledge of the interior of Colonel St. Hill's house, that was startling. The following additional evidence was taken. Thomas Harper, a fellow prisoner of Cooper's who lent him the pair of spectacles, on the day he went to town...read the article here from the Mercury, 20th February 1879.

RELATED POSTS main weblog

Prisoner James BRADY 1873-1874

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



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

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



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

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



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



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

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

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



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

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

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



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



TAHO Ref: CON37/1/10 p5765

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



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



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



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



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

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





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



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

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



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



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

Addenda 1: The Press Reports



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

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

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

Source: Wikipedia - extract



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

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



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

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



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

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



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

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



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

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



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

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

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

James Brady remanded for sentence



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

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



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



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



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

Thomas Nevin and Frederick Stops, right-hand man to the A-G

Photographs and records 1870s-1880s of Tasmanian prisoners
Frederick STOPS, Emily TILLEY and descendants
Exhibitions and publications: T. J. NEVIN 1860s



Frederick Stops 1894
Photograph - Mr F. Stops, Tasmanian Exhibition, 1894-5
Season Ticket Holder - 4 Patrick Street
TAHO Ref: ADRI: NS738-1-2307
Source: Archives Office of Tasmania

Thomas Nevin's photograph of Melville Street under snow
Frederick Stops was a widower when he married Emily Tilley on 10th July 1867, his occupation listed then simply as Clerk. On 29th July 1868 when he registered the birth of his daughter Emily Frederica to his wife Emily Stops nee Tilley at Hobart, his occupation was listed as Clerk to Attorney-General . His son William Joshua Tilley Stops (W. J. T. Stops), who was born two years later on 26th May 1870, would become the Vice-Chancellor of the University of Tasmania and the owner of the photograph of "Melville St under snow" taken by Thomas Nevin in 1868.



Marriage of Frederick Stops and Emily Tilley, 
St David's Church, 10 July 1867.
Witnesses were Fanny Pybus, Emily R. Wise, Fred W. Wise, and Josiah Pocock
TAHO Ref: NAME_INDEXES: https://libraries.tas.gov.au/Record/NamesIndex/870876



Last entry on page, 26th June 1868:
Birth of Emily Frederica to Emily Stops nee Tilley and Frederick Stops, Clerk to Attorney-General
TAHO Ref: NAME_INDEXES: https://libraries.tas.gov.au/Record/NamesIndex/971690

Frederick Stops and photographer Thomas Nevin were well acquainted for several reasons, the first being the dissolution of Thomas Nevin's partnership with Robert Smith operating as the firm "Nevin & Smith" in February 1868 which was underwritten by Frederick Stops' employer and Nevin's family solicitor, the Hon. W R. Giblin, Attorney-General.



Dissolution notice published in the Mercury on 26 February 1868 of the partnership between Robert Smith and Thomas Nevin. William Robert Giblin, later Attorney-General and Premier, was Thomas Nevin's solicitor and witness.

The second reason was their work on prisoner records. Thomas Nevin was granted government contracts with the Land and Survey Department in the same year, 1868 as his partnership with Robert Smith was dissolved by the Hon. W. R. Giblin. He commenced the systematic photographing of prisoners for Attorney-General W. R. Giblin in February 1872, assisted by Frederick Stops in his capacity as the Clerk to the A-G, (see William Clemo's prison record below). Thomas Nevin also worked with solicitor John Woodcock Graves jnr, and barrister Robert Byron Miller in the Supreme Court and Mayor's Court, Hobart Town Hall.

A third reason was more personal. When Frederick Stops married Emily Tilley on 10th July, 1867 at St David's, Hobart, their witnesses included Josiah Pocock, the brother of Rachael Day nee Pocock, She died in 1857 of consumption, leaving a widower, master mariner Captain James Day and two daughters, Mary Sophia Day (b. 1853) and Elizabeth Rachel Day (b. 1847). By July 1868, Thomas Nevin was courting Elizabeth Rachel Day, and would have counted her uncle Josiah Pocock and Frederick Stops among their circle of friends by the time they married in July 1871. Whatever it was about July in Hobart that was so favoured by this generation, it cannot have been a wish for warm weather.

In the same month as Emily Frederica was born to Frederick and Emily Stops in July 1868, Thomas Nevin took this photograph of Melville Street on a day of heavy snowfall which he exhibited at the Wellington Park Exhibition, Hobart. It was reproduced in the publication Tasmanian Photographers 1840-1940: A Directory (Tasmanian Museum and Art Gallery, 1995:82).



Melville Street under snow, July 1868.
Photograph by T. Nevin late A. Bock
City Photographic Establishment, 140 Elizabeth St. Hobart Town
TMAG Ref: Q9134

The verso of this photograph carries Thomas Nevin's most common commercial studio stamp and the wording "This by W. J. T. Stops Esq."which suggests that the photograph was presented to Frederick Stops by Nevin in 1868, perhaps as a gift to Emily Stops on the birth of their daughter, and was then passed down to his son W. J. T. Stops, who subsequently donated it to the Tasmanian Museum and Art Gallery from the Stops estate or from the University archives (Royal Society Collection) where more of Nevin’s photographs are held. It was then inscribed by an archivist on accession with the note - "This by W.J.T. Stops Esq".



Verso: Melville Street under snow, July 1868.
Photograph by T. Nevin late A. Bock
City Photographic Establishment, 140 Elizabeth St. Hobart Town
TMAG Ref: Q9134

Verso inscriptions:
C300 Hbt Melville Street
Pencilled: This by W. J. T. Stops Esq.
Kings Arms Murray St 1835
St. Mary's Catholic Burial Ground
W. Hobart July 1868



Son of Frederick Stops and Emily Tilley, William Joshua Tilley Stops 1894
Stone Buildings Hobart
Photograph - Mr William Stops, Tasmanian Exhibition, 1894-5, Season Ticket Holder 
TAHO Ref: ADRI:NS738-1-2471

Obituary: Frederick Stops
MR. FREDERICK STOPS.
We regret to announce the death at his residence, Garstons, Patrick-street, yester-day, of Mr. Frederick Stops, possibly the last survivor of the earlier age of civil servants, at the advanced age of 92 years. He joined the Law Department on his arrival from England in 1855, and retired from it as its permanent head 40 years later, receiving on his retirement, addresses from the Southern Law Society and from the rural municipalities in acknowledgement of the assistance those bodies had received during his long period of service. Mr. Stops's memory will be kept green in legal and municipal circles by his editions of the Tasmanian statutes, the first of which he published in 1885, and the second, bringing the Acts up to the end of the reign of Queen Victoria, in 1900. This was really his life's work, for he published two indices to the Statute Law, which was in a chaotic condition, in 1860 and 1864, and these were subsequently enlarged in the editions of statutes so well known and much used in the world of law.
Outside his office, Mr. Stops was of a retiring disposition, and took little part in public affairs, but he was a territorial justice, a governor of the Kennerley Boys' Home, and was for 25 years, until the burden of years compelled his retirement, a churchwarden of Holy Trinity. His wife predeceased him, and he leaves a daughter, well known in Church of England circles for philanthropic work, and two sons, Mr. W. J. T. Stops, Vice-chancellor of the University of Tasmania, and Mr. F. N. Stops, Police Magistrate for the North- Western division.
'The funeral will take place at Cornelian Bay cemetery to-morrow morning.

SIR ELLIOTT''S REGRET.

"A RIGHT-HAND MAN."
Sir Elliott Lewis last evening expressed deep regret at the passing of Mr. Stops, and made fine reference to the work he carried out in the Attorney-General's Department. "He was a man for whom I had the deepest respect," said Sir Elliott Lewis, "and as a young Attorney-General he was extraordinarily helpful to me. The consolidation of the statutes, when he produced them, was a marvel of industry, care, and thoroughness. When I was Attorney-General in 1892 he was everything in that office. He was certainly the Attorney-General's right-hand man. He was draftsman of all the Acts of those days, and did the whole of the secretarial work practically alone. He drew up all the informations for the Criminal Court, and generally was a most conscientious and reliable officer."
OBITUARY. (1926, July 13).The Mercury (Hobart, Tas. : 1860 - 1954), p. 6. Retrieved September 26, 2015, from https://nla.gov.au/nla.news-article29451057

Thomas Nevin, Frederick Stops and the prisoner photographs
Although this record of prisoner William "Clocky" Clemo is included in the Port Arthur Conduct Register for the years 1868-1869, further information about Clemo was inscribed on the second page pertaining to his conduct after he was transferred to the Hobart Gaol in 1873. He was discharged from the Hobart Gaol in the week ending 10th February, 1875. His name does not appear in the Port Arthur Conduct Register for the years 1873-1876 (TAHO Ref: CON94-1-2) because he was not at Port Arthur in those years. The second page of Clemo's record (below) was signed on the 17th March, 1874 by Frederick Stops, Clerk to the Attorney-General who contracted Thomas Nevin to photograph prisoners on arraignment and discharge. Frederick Stops and Thomas Nevin collaborated on collating information on prisoner records, both visual and written into the 1880s. This is Nevin's photograph of William Clemo, transported to Tasmania on the ship Equestrian 3 in 1852, sentenced to 7 yrs for “carnally assaulting a child under 12 years” in 1868 at the Supreme Court, Hobart:



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



Prisoner William CLEMO 
TAHO Ref: CON94-1-1_00104_L
CON94/1/1 Conduct register - Port Arthur 01 Jan 1868 - 31 Dec 1869
Copy Number:Z1436



DETAIL of Page 2, William Clemo's prison record with the signature of Frederick Stops, Attorney General's Office, 17th March 1874.

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