Constable John NEVIN at inquest for Frank GREEN 1882

NEVIN BROTHERS Thomas J. and Wm John (aka Jack)
HER MAJESTY'S GAOL HOBART
INQUEST for Constable Frank GREEN May 1882

The Nevin Brothers, photographer Thomas James Nevin  (1842-1923) and Constable John (William John aka Jack, 1852-1891) served the Police and Prisons Departments of the Tasmanian government from the late 1860s to the late 1880s. Thomas was contracted as prisons and police photographer by the family solicitor, Attorney-General and later Premier, W. R. Giblin, from 1868, serving the New Town Territorial Police, the Hobart Municipal Police (1870s-1880s), and the Hobart City Council as special constable (1879) during the Chiniquy riots at the Hobart Town Hall where he was Keeper. He was also assistant bailiff in the City Police Court and Supreme Court (1880s).



Map of the old Hobart Gaol
Photo copyright © KLW NFC Imprint 2008 ARR

William John Nevin's civil service
This photograph of Jack Nevin was taken by his brother Thomas J. Nevin ca. 1880. Gazing directly at the camera, he appeared relaxed and very savvy about the process of being photographed. The clothes he wore were suitable for everyday work in a foul place such as a prison. His salaried positions were primarily in administration, with a career path and ranking similar to the Gaol Keeper's until his untimely death during the typhoid epidemic of 1891.



Constable John Nevin (William John aka Jack Nevin), ca. 1880
Photographed by his brother Thomas J. Nevin.
Copyright © KLW NFC Imprint Private Collection 2009

Constable John (William John) Nevin (1852-1891), known to the family as Jack, was the younger brother of Tasmanian photographer Thomas J. Nevin. He was also his brother's assistant at the Hobart Gaol, Campbell Street during his brother’s commission as police photographer in prisons during the 1870s. They jointly maintained Thomas' old studio in New Town until the mid late 1880s when Thomas apparently ceased professional photography, although family BDM records show his occupation as "photographer" in 1907 (on the marriage certificate of daughter Minnie), in 1917 (on the marriage certificate of son Albert) and on his cemetery burial record of 1923.

The earliest date on record of Constable John Nevin's service with the police is 1870 when he joined the civil service, aged 18 yrs, and was stationed at the Asylum, Cascades Prison for Males, Hobart. His service continued at the Hobart Gaol, Campbell Street, as "Gaol Messenger", a rank which covered his duties as photographer, and as a hospital "Wardsman" until his untimely death while still in service, aged 39 yrs old. The registrar of his death gave his age as 43 yrs old; however, his burial records at Cornelian Bay Cemetery on 19th June 1891 listed his death at 39 yrs, i.e. born 1851, and this date is consistent with the sick lists of the Fairlie shipping records stating that he was a babe in arms, less than 9 months old, when he arrived in Hobart on 3rd July 1852 with his settler parents, John and Mary Anne Nevin nee Dickson, and his three older siblings Thomas James, Rebecca Jane, and Mary Ann. The Fairlie sick list recorded:
Folio 5: William Nevin, aged 6 months, Child of Guard; sick or hurt, convulsio; put on sick list 2 June 1852, discharged 9 June 1852 to duty.
Constable John Nevin was a resident on salary to H. M. Government at the Hobart Gaol by 1884 when he registered on the Electoral Roll for the district of North Hobart. The Electoral Roll of the Electoral District of North Hobart, year commencing 11th April, 1884, showed this entry:

NEVIN, William John
Place of Abode: H.M. Gaol
Nature of qualification: Salary
Particulars of Qualification: H.M. Government



Nevin, William John: Electoral Roll for North Hobart 1884.
Source: Archives Office Tasmania

Applications to the constabulary 1870s-1880s
This record of Jack Nevin's application to the Constabulary Tasmania, signed by the Sheriff on 28th February 1877, not only gives details of Jack's former employment at the Cascades Goal for Males between August 1875 and April 1876, it details his physical characteristics: aged 25, single, height nearly 5ft 6", educated but not too well, a labourer by trade, a Wesleyan by religion and Belfast born, arriving free on the Fairlie (1852). He was of course no more than a babe in arms in 1852, noted on the ship's sick lists, but this record shows no physical deformity or disease as an adult.

These records are crudely categorical, as we know that Jack Nevin was highly literate, the son of a journalist and poet, brother of spelling-bee whizz, his sister Mary Ann, and brother too of Thomas, a police photographer with powerful political mentors. Because he was an amateur rather than professional photographer, his trade is listed as "labourer", i.e. no specialist apprenticeship or profession.



W. J. Nevin Applications to join the Constabulary Tasmania 1877 and 1881
Records courtesy State Library of Tasmania

While a constable at the Cascade Gaol for Males, Constable Nevin was involved in an incident which was reported in the Mercury, 27 October, 1875:

Constable Nevin, Mercury, 27 October 1875

Constable Nevin, Mercury, 27 October 1875.

TRANSCRIPT
CITY POLICE COURT
Tuesday 26th October, 1875
Before Mr. Tarleton, Police Magistrate
PEACE DISTURBERS. - Robert Evans and William Inman were charged by Constable Pearce, of the Cascades, with having disturbed the peace in Upper Macquarie-street on the 24th inst. The defendants pleaded "not guilty". Constables Pearce and Nevin, of the Cascades, proved that the defendants were throwing stones and making a disturbance. The Police Magistrate said that in Upper Macquarie-street there existed the roughest of lads in Hobart Town. He would sentence both defendants to 14 days' imprisonment, and warn them that on proof of a second they would probably be birched.

On 24th November 1881, Jack Nevin's second application - a renewal of the 1877 application - to the Constabulary Tasmania was again signed by the Sheriff. Aged 27, his details are more general on this form: religion is listed simply as "Protestant" and birthplace simply "Ireland" but he is still single - living with his parents at Kangaroo Valley - and still free of disease or deformity. His service at Cascades and the Hobart Gaol is listed, as is the lack of a trade. On his death certificate, his employment was registered as "Gaol Messenger", a rank which covered photographic duties and office administration.





Signed 24th November 1881, Constable (Wm) John Nevin's second application - a renewal of the 1877 application - to the Constabulary Tasmania.Records courtesy State Library of Tasmania.

Frank Green's death by gunshot wound 1882



View from the hill above Quarry to the Hobart Gaol
Courtesy Archives Office of Tasmania
Ref: 30-5718c. Unattributed, ca. 1885.


On the 14 May 1882, Constable W. J. Nevin was on duty at 11.45am when the guard in the sentry box on the hill at the Quarry behind the stone-shed near the Hobart Gaol failed to return. Constable Nevin was dispatched to investigate and found the guard, Frank Green, dying of a gunshot wound. "I am shot, John" were Green's dying words as Nevin lifted his head.

John Nevin Mercury 15 May 1882

Constable Nevin and Constable Green
Death by Gunshot Wound
Mercury, 15 May 1882

TRANSCRIPT extract
... At a quarter to 12, by which time it was usual for the guard to be at his post, Green was not present there, and the officer in charge, Mr. White, despatched Constable Nevin to see what detained him. Constable Nevin ascended the hill, and at the sentry-box situated at the corner of the workings, a little more than midway up the incline, found Green lying on the ground with his feet on the threshold of the box, and his rifle about a yard distant from him. The constable knelt down to lift up the head of the prostrate man, who said , "I am shot; let me alone. " Nevin then ran down and acquainted those in the yard with the accident, and Green was then conveyed to the hospital, where he lingered for half an hour, and then expired. It was found that he had been shot through the abdomen and lungs ...
Frank Green was 21 yrs old, rather tall, a Catholic, single, born in Hobart and a former sailor when he joined the Constabulary for the first time, signed in by the Sheriff on October 1st, 1878.



Frank Green application to join the Constabulary Tasmania 1878
Courtesy State Library of Tasmania

Hobart Hospital record



Green, Frank
Record Type: Deaths
Property: General Hospital Hobart
Admission dates: 16 May 1882
Place of origin: Tasmania
Date of death: 16 May 1882
Source: https://libraries.tas.gov.au/Record/NamesIndex/1502065

At the inquest held at the Bird-in-Hand Hotel five days later, Constable John (W. J. ) Nevin was a key witness. The jury of seven reached a verdict of accidental death. Coroner Tarleton found the guard Frank Green had slipped when about to descend the hill and his double-barrelled breech-loading gun had caught in a string on his coat, discharging a bullet through his abdomen and lung. The press reported the incident and inquest in some detail from May 17 -May 20, 1882:

May 17: TRANSCRIPT
DEATH by GUNSHOT WOUND.-A death under peculiar circumstances occurred yesterday, at the Government quarry, Park-street. Frank Green, aged about 25 years, an armed guard at the quarry, was upon duty in the forenoon on the crest of the hill above the workings. At 20 minutes to 12 the whistle to knock off work for dinner was sounded, and Green was then seen at his post. It was his duty, at this sounding of the whistle, to descend the hill into Park-street, there to remain on guard till the prisoners had filed out, At a quarter to 12, by which time it was usual for the guard to be at his post, Green was net present there, and the officer in charge, Mr. White, despatched Constable Nevin to see what detained him. Constable Nevin ascended the hill, and at the sentry-box situated at the corner of the workings, a little more than midway up the incline, found Green lying on the ground with his feet on the threshold of the box, and his rifle about a yard distant from him. The constable knelt down to lift up the head of the prostrate man, who said, " I am shot; let me alone." Nevin then ran down and acquainted those in the yard with the accident, and Green was then conveyed to the hospital, where he lingered for half an hour, and then expired. It was found that he had been shot through the abdomen and lungs. A strange fact in connection with this sad affair is that not one man in the quarry heard the report of the gun. Constable Higgins, of the Territorial Police, arrived at the sentry box before Green was removed, and to him the unfortunate man made a statement which leaves no doubt that the occurrence was purely accidental. It seems that Green was about to descend the hill, when he slipped, and his rifle caught either in a string which was attached to his hat or his overcoat. No doubt when he slipped the man threw up his arms to save himself, and so brought the muzzle to bear on his body, and the lock being entangled in the string or coat, the piece was discharged at that instant. The charge passed right through his body, and the marks of some of the slugs were subsequently found in an adjacent rock. The high wind which was blowing at the time accounts for the noise of the discharge not being heard by those who were in the neighbourhood. An inquest will be held upon the body. The deceased man was unmarried.

Source: THE MERCURY. (1882, May 17). The Mercury (Hobart, Tas. : 1860 - 1954), p. 2.
Link: https://nla.gov.au/nla.news-article9009574



Exterior front view of ten men standing outside the "Bird-In-Hand" Hotel in Argyle Street, Hobart, ca. 1900
Source: Archives Office Tasmania [unattributed]
Link: https://libraries.tas.gov.au/Record/Archives/PH30-1-1944

May 19: TRANSCRIPT
INQUEST.- An inquest was yesterday held before Mr. Coroner Tarleton, and a jury of seven, Mr. Geo. Kerr being the foreman, at the Bird-in-Hand Hotel, Argyle-street, into the cause of the death of Francis Daniel Green, late armed guard at the Government quarry, Park-street. The jury having viewed the body, the evidence of W. J. Nevin, a constable at the gaol, who was on duty at the quarry on Tuesday last, was taken. He deposed that the deceased was on guard on the day in question, armed with a double-barrelled breech-loading gun. He was posted on the top of the quarry. At about 20 minutes to 12 o'clock that day the signal was given to cease work for the prisoners to go to the gaol for dinner. It was the duty at deceased to come down into Park-street when the prisoners were passing through the gates. Not seeing the deceased at his post when the prisoners had been mustered in the stoneshed, witness was sent to see what detained him. The wind was blowing strongly, and no report of firearms had been heard. Witness went to where Green was posted, and found him at the sentry-box, lying on the ground, turned partly on his right side but with his feet in the box. His gun was lying about a yard from him, its muzzle pointing not at him but up the hill. There was an odour of freshly-discharged powder. Witness said to him, "Frank, what is the matter?' He replied, "I am shot, John." Witness asked how it had happened, but the deceased appeared to be in too great pain to answer. Witness went to raise the deceased's head, but he said, " For God's sake, go away and leave me alone." Witness signalled to the station officer at the stoneshed that something was the matter, and taking up the gun, witness went down to him. On reaching the stoneshed, some of the police from the Supreme Court were sent up to the deceased, and the station officer, on looking at the gun, found that the right-hand barrel had been discharged.  There was no one near the deceased when witness saw him lying on the ground. There were none of the prisoners missing, and the deceased in no way led him to believe that he had been shot by any one. Constable Matthew Higgins deposed that on the 16th inst, at a little before noon, he was standing at the door of the Supreme Court, when he was informed that a man had been shot at the quarry. Going to the sentry box on the hill he saw the deceased. Kneeling down he undid his waistcoat, and saw a large wound on the left side, just below the heart, from which blood was flowing. Witness asked deceased how it had happened. He answered that he was arranging his garments, when the gun exploded and shot him. The deceased was taken to the hospital. On examining the ground where the deceased had fallen, witness found the mark of a footslip, and of slugs having struck the rock. Dr. Holden deposed that he remembered the deceased being brought to the hospital. Witness had examined his wounds, and found a gunshot wound on the front of the body and several holes in the back, where the charge had passed through. He had also found some slugs in his clothing, and others under the skin. He was bleeding internally, but not externally. The wound in the front of the body showed that the weapon must have been close to the man when discharged. The wound was, from its character, almost necessarily fatal. The deceased died from internal haemorrhage, caused through the wound. A verdict of death by the accidental discharge of a gun was returned.

Source: THE MERCURY. (1882, May 19). The Mercury (Hobart, Tas), p. 2
. Link: https://nla.gov.au/nla.news-article9009658



Further report of the Coroner's findings on the death of Constable Green
The Tasmanian (Launceston, Tas. : 1881 - 1895) Sat 20 May 1882 Page 547 TASMANIA.

Mr. Tarleton, the Coroner, held an inquiry on the body of the man Frank Green, who was accidentally shot on Tuesday while on guard over the prisoners working at the quarry. From the evidence taken, it appeared that the wind was blowing very hard at the time and no one heard any report of a gun, but a constable named W. J. Nevin, finding that Green did not come forward to do his accustomed duty at twenty minutes to twelve, when the men were marched to dinner, called out, and receiving no reply, went in search of him. He found Green on his side, with a discharged gun on the ground near him. In reply to Nevin's question, he said "Oh Jack I am shot" and when Nevin attempted to lift him up he said "For God's sake, let be." He spoke with great difficulty, but never said anything to lead Nevin to suppose it was anything but an accident. Dr. Holden said the muzzle of the gun must have been close to the man's body when it went off. The jury returned a verdict of death from accident.

Source: TASMANIA. (1882, May 20). The Tasmanian (Launceston, Tas. ), p.548.
Link: https://nla.gov.au/nla.news-article201188202

City Police in Uniform, Hobart, late 1880s




City Police, Hobart
Images courtesy Archives Office of Tasmania
Unattributed, ca. 1885
Refs: (top) NS1013-1-19 (below) NS1013-1c


RELATED POSTS main weblog

Thomas Nevin 1886: assistant bailiff to Inspector Dorsett

DEATH WARRANTS Supreme Court Hobart Tasmania
PRISONER MUGSHOTS by Thomas Nevin and Constable John Nevin
FALSIFIED photo-history, National Library of Australia

DISMISSAL from Town Hall keeper position
In early December 1880, Thomas Nevin was dismissed from the position of "Keeper" at the Hobart Town Hall on a trumped-up charge of inebriation while on duty brought on as revenge by Constable John Blakeney who was hoping to make the rank of Sergeant when his dereliction of duty - being drunk and asleep at 3am in the first week of October 1880 - was reported by Town Hall keeper Thomas Nevin to the Police Office and Mayor as a potential risk to the Hobart Town Hall's security just months earlier.

Reported in the press during December 1880 and January 1881, the Mayor's Committee expressed deep regret at Thomas Nevin's dismissal from the position of Town Hall keeper (an archaic term which included the duties of keeper of public archives). Mindful of Nevin's growing family, the Hobart City Council retained his government contract with warrant and photographic duties as assistant bailiff to the Municipal Police, Hobart and the New Town Territorial Police. Working principally in the City Police Court and Hobart Supreme Court as assistant to Sub-Inspector John Dorset(t), Nevin continued to provide identification photographs of prisoners up until 1886, a service commenced in 1872 under a 14-year contract to the colonial government's prison administration. Many of these mugshots were collated with warrants issued by the Municipal Police Office. For example, two death warrants with T. J. Nevin's photographs of the condemned man attached (e.g. James Sutherland 1883; Henry Stock 1884) now survive intact in the Mitchell Collection at the State Library of NSW.

James Sutherland's death warrant, May 1883

Photo copyright © KLW NFC 2009 ARR
Mitchell Library SLNSW
Tasmania. Supreme Court - Death warrants and related papers, 1818-1884
Textual Records Call Number C 202 - C 203

[Above]: Nevin's hand-coloured carte-de-visite of prisoner James Sutherland in prison uniform, collated with Sutherland's death warrant, May 1883 (Mitchell Library SLNSW C203).

[Below]: This photograph also by T. J. Nevin was the "booking photograph" of Sutherland taken on arrest (NLA Collection).



James Mahoney aka James Sutherland
Photographed by T. J. Nevin, Hobart Gaol, June 1883
Carte-de-visite in oval mount
NLA Collection nla pic-vn4270311-v

CHARGED with breach of the EDUCATION ACT
On July 26, 1886, Inspector John Dorset(t) of the Hobart Town Municipal Police visited Thomas Nevin's house with a request for his services as assistant bailiff. Insp. Dorset found a child in bed with the whooping cough, and two weeks later gave testimony to the City Police Court of the situation when Nevin faced charges of a Breach of the Education Act by schools truancy inspector Mr Moore for not sending his child to school. Because of Inspector John Dorset's testimony, the charge against Nevin was dropped.

Thomas Nevin caused laughter in the court with this comment:
Defendant said that he was the father of a large number of children, and did not know which one was referred to. (Laughter.)
How many is a "large number of children"? Thomas and Elizabeth Nevin were parents of five living children by 1886: Mary Florence (aka May) born 1872; Thomas (aka Sonny) born 1874; Sydney born 1876, died 1877; William John born 1878; George born 1880; and Mary Ann (aka Minnie) born 1884. In all probability, it was either William or George who was reported as not attending school. The last child Albert Edward was not yet born: he arrived in 1888, and fathered in turn eight children.



Thomas Nevin charged with breach of the Education Act Mercury 11 August 1886

TRANSCRIPT
Thomas Nevin was also charged [ie in addition to other parents for the same breach] with a breach of the Education Act. He pleaded not guilty. Mr Moore gave evidence as to the non-attendance of the child, and said that he had served two notices on defendant requiring him to send the child to school. Defendant said that he was the father of a large number of children, and did not know which one was referred to. (Laughter). He said that his children were bad with the whooping cough. He called John Dorset [sic], who stated that he employed defendant occasionally as an assistant bailiff. He called at defendant's house on the 26th of last month, and one of the children was then bad with the whooping cough. The POLICE MAGISTRATE said that the law laid the onus [italics] on defendant to prove that his children were sick; he had raised some doubts in the minds of the magistrates on this point, and the Bench would give him the benefit of it.
Read the full article here below and the meaning of the term "a free scholar" in 1886:



Mercury, 11 August 1886.

ASSISTANT BAILIFF
As assistant bailiff, Thomas Nevin accompanied the Police Constable, the Superintendent, or the Inspector when the warrant was served on a defendant. He was also present when the charge was laid in court, and present again when sentence was passed. On any one of these occasions he was required to photograph the defendant. For example, he accompanied Superintendent George Nichols, P.C. Badcock of the New Town Territorial Police and Sub-Inspector John Dorset (t) in these instances published in the weekly police gazettes:



Superintendent Nichols, 27 March 1874.

Nevin with police 1875

William Graves has been arrested by P. C. Badcock, of the New Town Territorial Police, assisted by Thomas Nevin.
Thomas Nevin assisting P.C. Badcock, April 1875,



Sub-Inspector Dorsett, 28 June 1878



Sub-Inspector Dorsett, 21 June 1878



Sub-Inspector Dorsett, 10 October 1879
Source: Tasmania Reports of Crime Information for Police Govt Printer

Thomas Nevin sometimes photographed prisoners again during incarceration for felonies committed while under sentence, assisted at the Hobart Gaol, Campbell Street, by his brother Constable W. J. (Jack or John) Nevin, as well as photographing the prisoner at release or discharge. On any one of these occasions he made four to six duplicates of the one image from his glass negative for circulation to police in Tasmanian regional stations and if requested, to police in the other Australian colonies.

Thomas Nevin's photographic techniques applied to the production of prisoner mugshots for police and prison authorities changed over the years. In the early to mid-1870s, his practice was commercial and his techniques reflected the usual carte-de-visite studio portraiture methods of the era. By the early 1880s, cognizant of prison photography techniques deployed elsewhere in Australia, in Europe and in America to show full-frontal and profile characteristics of the prisoner, his photographs conformed to prison requirements.

Prisoner mugshot by T. J. Nevin

This is one example, of a young prisoner who was originally named as John Morrison in the National Library of Australia’s catalogue, eg. for the NLA exhibition “In a New Light: Australian Photography 1850s-1930s”, 9 Oct. 03-26 Jan. 2004, and renamed as John Norman in 2013.

POLICE RECORDS for John Norman aka John Morrison



John Norman, suspected of theft, notice of 14 October 1881, Tasmania Reports of Crime (police gazette)



John Norman, committed for trial for house-breaking, notice of 28 December 1883, Tasmania Reports of Crime (police gazette)

DISINFORMATION at the National Library of Australia
Although the name has changed for the subject of this photograph, viz John Norman formerly John Morrison, the National Library's catalogue entry still retains the impossible photographer attribution to the non-photographer A.H. Boyd, and the erroneous place of incarceration as Port Arthur, per these online catalogue notes (as at Feb 2010):
Title - John Norman, native born and sentenced for 12 months, age 19, taken at Port Arthur, Tasmania, 1884
Other Creators - Boyd, A. H. (Aldolarius [sic]Humphrey), 1829-1891.
Part of collection: Convict portraits, Port Arthur, 1874.
Gunson Collection file 203/7/54.
Dated from rectangular shape and dates of similar photographs in collection.
Sentenced of 12 months on 5 February 1884.
Also available in an electronic version via the Internet at: https://nla.gov.au/nla.pic-an24612677.
Exhibited: "In a New Light: Australian Photography 1850s-1930s", National Library of Australia, 9 Oct. 03-26 Jan. 04.
This young locally-born ("native") 19 year old John Morrison or John Norman was photographed on being received at the Hobart Gaol on February 16, 1884 by Constable John Nevin. The National Library has included the photograph among the collection of the earlier 1874 convict photographs taken by Thomas J. Nevin, and retained the prison location as Port Arthur despite the simple fact that in 1874 the prisoner would have been only 9 years old, and clearly he is not a child in his photograph. As for the place of imprisonment, he could not have been imprisoned to serve his 12 month sentence at the Port Arthur prison because it was well and truly closed by 1877, and by 1884 it was in ruins.

Not simply content with misleading the public with this sort of catalogue entry, the NLA has compromised Thomas J. Nevin's former sole attribution (correctly identified from accession in the 1980s until 2007) for this collection of Tasmanian prisoner mugshots with a parasitic misattribution to the non-photographer and retired Port Arthur prison official A. H. Boyd, the result of deliberate falsification by individuals (eg Julia Clark) seeking appropriation and self-promotion.

Click on the second image below or visit the NLA catalogue full records of the "Port Arthur convicts 1874" collection to examine this egregious mismanagement of the national heritage since 2007 by the National Library of Australia.

Morrison photo by T. J. Nevin NLA collection

NLA catalogue photo by Nevin of Morrison

Photos © KLW NFC 2010 ARR

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