Chief Justice Sir Francis Smith and prisoner George FISHER 1877

Chief Justice Sir Francis Villeneuve Smith (1819–1909) of the Supreme Court Hobart was administrator of the colony of Tasmania in 1874 and most interested in the uses of judicial and forensic photography which he had witnessed on a visit to Victoria in 1872 (TRE1/1/363 1154). He was photographed by the Hobart City Corporation's commissioned photographer Thomas Nevin in the 1870s in an unusually informal pose, his expression one of vindication while examining a carte-de-visite photograph of a prisoner held in his right hand. Sir Francis Smith's professional interest in the uses of judicial photography to increase surveillance and reduce crime was more than justified when he became the victim of burglary himself at his home by absconder and recidivist George Fisher in 1877.



Prisoner FISHER, George
TMAG Ref: Q15616
Photographer: Thomas J. Nevin 1874

George Fisher had served a sentence of 12 years for the crime of burglary committed in 1861. He was discharged on 17th April 1874, granted a ticket-of-leave, and re-offended within months. Thomas Nevin's commission to photograph prisoners on arraignment at the Supreme Court from the early 1870s proved most effective when this photograph of Fisher, taken in December 1874 on Fisher's incarceration at the Hobart Gaol Campbell St. for "forging an order to defraud J. E. Risby" was reprinted and re-issued for his re-arrest in 1877 for the burglary at Sir Francis Smith's home. George Fisher had been sentenced to 12 years in December 1874 by the Chief Justice, and sent to Port Arthur, arriving there on Christmas Day. He was transferred back to the Hobart Gaol one year later in December 1875. In August 1877, he managed to abscond, broke into the Chief Justice's home and stole several articles of clothing and other items of personal property. The mugshot being examined by Sir Francis Smith in this reprint by Beattie for the Members of Parliament album (1895) was issued with the arrest warrant for Fisher in 1877, as one of Nevin's several duplicates taken in December 1874 - January 1875.



Left: Prisoner George Fisher December 1874 (NLA Collection)
Right: Chief Justice Sir Francis Smith 1877 (TAHO Collection)
Photographs by Thomas J. Nevin, Supreme Court, Hobart.

Rough Calendar of the Hobart Supreme Court
Habitual criminal George Fisher was sentenced twice - in 1875 and 1877 - at the Supreme Court Hobart by Chief Justice Sir Francis Villeneuve Smith. These records are from the Supreme Court Calendars which were used by photographer Thomas J. Nevin as an indication of which Oyer sessions he need to attend, and which prisoners he needed to photograph around the date of sentencing. A simple tick next to the prisoner's name showed that a bill was issued and paid, and a photograph taken. The "C. J" initials against a name or sentence indicate the judgement passed by the Chief Justice Sir Francis Smith.





Supreme Court Records, TAHO Ref: GD70-1-1
George Fisher, 1st December, 1874, page 35.



Supreme Court Records, TAHO Ref: GD70-1-1
George Fisher, 31st August, 1877, page 59

In reverse order, these official records document George Fisher's criminal career from this sentence in 1877 back to his earliest record of arrival in VDL in 1845.

1877: arrest and arraignment
.


Warrants issued for the arrest of George Fisher, 3rd August 1877 and the 7th September 1877.

TRANSCRIPT
WARRANTS ISSUED, AND NOW IN THIS OFFICE
HOBART TOWN. - On the 3rd instant, by E. Maher, Esquire, J.P., for the arrest of George Fisher, charged with having, on the 32st ultimo, at Hobart Town, feloniously and burglariously broken and entered the dwelling-house of Sir Francis Smith and stolen therefrom one blue cloth sacque coat, value £4, two pairs of coloured blankets, value £5, and other articles, amounting in all to the value of £15, the property of Sir Francis Smith.
For description see Crime Report of the 31st ultimo, page 138, Absconded.



George Fisher was arrested on 14th September 1877




George Fisher per Stratheden, TL, arraigned in the Supreme Court, 27th November 1877 for burglary, sentenced to six years.

1875: transferred to the Hobart Gaol from Port Arthur
This photograph was taken by T. J. Nevin at the Hobart Gaol in December 1874 prior to Fisher's departure for the Port Arthur prison.  It was not taken at the Port Arthur prison, nor was this prisoner mugshot or any other mugshot taken by the Port Arthur's former commandant A. H. Boyd who was forced to resign under suspicion of corruption in December 1873, despite claims by his descendants and their apologists. George Fisher, per Stratheden, TL, 48 years old, was arraigned in the Supreme Court Hobart, 1st December 1874, photographed and sentenced to 12 years for forgery and stealing. He was sent to the Port Arthur prison, arriving there three weeks later on Christmas Day, 25th December, 1874. He was sent back to the Hobart Gaol, Campbell Street, on 5th December 1875, spending just 12 months there.



NLA Catalogue. photograph by T. J. Nevin December 1874, taken at the Hobart Gaol
Verso inscription:George Fisher, per Streathaden [i.e. Stratheden], taken at Port Arthur, 1874 [incorrect information]
1 photograph on carte-de-visite mount : albumen ; 9.3 x 5.6 cm
Part of collection: Convict portraits, Port Arthur, 1874.
Gunson Collection file 203/​7/​54.
Inscription: "227"--On reverse.



George Fisher’s record 1875-1877 from the Port Arthur Conduct Registers
TAHO Records ref: CON94-1-2_00110_S

George Fisher, per Stratheden, was sent to the Port Arthur prison, arriving there on Christmas Day, 25th December, 1874. He was sent back to the Hobart Gaol, Campbell Street, on 5th December 1875.

1874: Ticket of leave and recidivism



Geoge Fisher per Stratheden was enlarged with a TOL on 15th April 1874



George Fisher had served a sentence of 12 years for the crime of burglary committed in 1861. He was discharged on 17th April 1874, granted a ticket-of-leave, and re-offended within months.



Source: Tasmania Reports of Crimes for Police (weekly police gazettes)
George Fisher, per Stratheden, TL, 48 years old, was arraigned in the Supreme Court Hobart, 1st December 1874, sentenced to 12 years for forgery and stealing. He was sent to the Port Arthur prison, arriving there on Christmas Day, 25 the December, 1874. He was sent back to the Hobart Gaol, Campbell Street, on 5th December 1875, spending just 12 months there.

1871: Letter from Port Arthur
George Fisher appeared to be literate and polite, despite his criminality, if indeed he penned this letter himself. On the retirement of the physician  Dr. G.J. Dinham  from Port Arthur, George Fisher sent him this letter, dated 14th June 1871:



Title: Copy of letter dated from George Fisher prisoner to Dr. G.J. Dinham on his retirement from Port Arthur
Description: 1 photographic print
Format: Photograph
ADRI: NS1264-1-1
Source: Archives Office of Tasmania

1861: Burglary 
In 1861, George Fisher was sentenced to twelve years for burglary which he served at Port Arthur until he was enlarged with a ticket-of-leave in 1874. See the transportation record below for the lengthy list of offences committed from arrival in 1845 until 1874.

1855: Marriage



Name: Boatwright, Elizabeth
Record Type: Marriage Permissions
Ship/free: Cadet
Marriage to: Fisher, George
Ship/free: Stratheden
Permission date:22 Jan 1855
Document ID:
NAME_INDEXES:1243862
Resource CON52/1/7 Page 126
RGD37/14 : 1855/448

1845: Transportation Records



State Library of Tasmania
FISHER, George
Convict No: 23396
Extra Identifier:
SEE Surname:
SEE Given Names:
Voyage Ship: Stratheden
Voyage No: 261
Arrival Date: 25 Dec 1845
Departure Date: 03 Aug 1845
Departure Port: London
Conduct Record: CON33/1/73, CON94/1/ p47
Muster Roll:
Appropriation List: CON27/1/11
Other Records:
Indent: CON14/1/33
Description List: CON18/1/46



Sir Francis Smith (1819–1909)
Sir Francis Villeneuve Smith administered the colony in 1874-75 and did so again in 1880. The Australian Dictionary of Biography details his birth, education and judicial career.



Sir Francis Villeneuve Smith (1818-1890) ca. late 1870s
1 photograph : sepia toning ; 14 x 10 cm.
Title inscribed in pencil beneath image in unknown hand.
In: Members of the Parliaments of Tasmania - no. 66 / photographed by J.W. Beattie.
Location: Allport Library and Museum of Fine Arts
https://stors.tas.gov.au/AUTAS001136190915

Although this photograph is accredited to J.W. Beattie (1859-1930) by the State Library of Tasmania, it is a reprint made several decades later than the original capture taken in the late 1870s . Here the Tasmanian administrator, Attorney-General and Chief Justice, who was born in 1818, looks like a man in his fifties. He appears to be about 15 years older than his earlier 1860s portrait by Reutlinger, Paris 1860s, (below) which portrays a man in his early forties. Sir Francis Smith would have been an old man of eighty years or so by the time Beattie produced his Members of the Parliaments of Tasmania series in 1895-1900, and clearly this is not a portrait of an eighty year old. It is yet another reprint by Beattie without acknowledgement to the original photographer.

ADDENDA
Archives Office of Tasmania Guide to the Public Records of Tasmania – Section Two – Governor’s Office Record Group

APPENDIX A Succession of Governors and Administrators
  • Colonel Thomas F. Gore Browne, 25th Regiment, 11 Dec. 1861-30 Dec. 1868.
    - Lieutenant-Colonel William C. Trevor, 14th Regiment (Administrator),
    30 Dec. 1868-15 Jan. 1869.
  • Charles Du Cane Esq., 15 Jan. 1869-28 Nov. 1874.
    - Sir Francis Smith (Administrator), 30 Nov. 1874-13 Jan. 1875,
  • Frederick A. Weld, Esq., 13 Jan. 1875-5 Apr. 1880.
    - Sir Francis Smith (Administrator), 6 Apr.-21 Oct. 1880.
    - Lieut.-General Sir John Henry Lefroy, R.A., (Administrator), 21 Oct. 1880-Dec.
    1881.
  • Sir George C. Strahan, R.A., 7 Dec. 1881-28 Oct. 1886.
    - W. R. Giblin, Esq., (Administrator), 29 Oct.-18 Nov. 1886.
    - Sir William L. Dobson (Administrator), 18 Nov. 1886-11 Mar. 1887.
  • Sir Robert G. C. Hamilton, 11 Mar. 1887-30 Nov. 1892.
    - Sir William L. Dobson (Administrator), 1 Dec. 1892-8 Aug. 1893.
  • Rt. Hon. J. W. Joseph, Viscount Gormanston, 8 Aug. 1893-14 Aug. 1900.



Sir Francis Smith (1818-1909)
Creator(s): Reutlinger, Charles
Date: 186-?
Description: 1 photograph : sepia toning ; 9 x 6 cm.
Notes: Exact measurements 89 x 56 mm, Title inscribed in pencil on verso in unknown hand., Head and shoulders facing front.
Subjects: Smith, Francis Villeneuve - Sir - 1818-1909
Location: Allport Library and Museum of Fine Arts
https://stors.tas.gov.au/AUTAS001125883934w800

Supreme Court Calendars 1870-1882
The "C. J" initials against a sentence indicate the judgement passed by the Chief Justice Sir Francis Smith. The initials "P. O." indicates Police Office. Dozens of photographs of prisoners taken at these sessions by T. J. Nevin are extant in public collections.





Tuesday, 19th September 1872: George Willis and William Mumford



Supreme Court Calendars, TAHO Ref: GD70-1-1

In 1883, Chief Justice Sir Francis Smith signed the death warrant for James Sutherland. Thomas Nevin's hand-tinted carte-de-visite photograph of prisoner Sutherland was pasted next to the death warrant at the Hobart Gaol when the records were bound in book form.



Detail: hand-tinting on photograph by T. J. Nevin of James Sutherland, June 1883
Carte-de-visite in buff mount pasted on page opposite of Sutherland's death warrant
Death Warrants V.D.L. Tasmania Supreme Court. Mitchell Library C203.
Photos copyright © KLW NFC Imprint 2009



Signature of Francis Smith on death warrant 1883

Royal Arms insignia, colonial warrant
Tasmania, Supreme Court Death Warrants
Mitchell Library NSW C203
Photos copyright © KLW NFC 2009

The death warrant for the execution of James Sutherland at the Hobart Gaol 1883 was signed by Chief Justice Sir Francis Villeneuve Smith. The black seal attached to these Supreme Court of Tasmania warrants is the Royal Arms insignia used by the colonial government on all their judicial documents. It was also designated for use as Thomas J. Nevin's government contractor studio stamp which was printed on the versos of prisoner photographs (one per batch of 100 was submitted for his commission while still operating as a commercial photographer), and on the versos of photographs taken of government officials and their families (extant in public collections at the QVMAG, the SLNSW, the TMAG, the NZNL, and in private collections.)



Versos: T.J. Nevin [photographer]: Tasmanian prisoners cdvs
State Library NSW Ref: PXB 274
Photos taken at the State Library NSW
Copyright © KLW NFC 2009-2015 ARR

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Prisoner Richard COPPING and Hobart Gaol executions

Police photographer Thomas J. Nevin took this vignette of Richard Copping for prison records at the Hobart Gaol when Copping was remanded at the Supreme Court on 23rd July 1878. Copping was executed at the Hobart Gaol on 21st October 1878 for the murder of Susannah Stacey. Copping's medical defence, Dr Benjafield, who sought clemency for the 19 yr old youth and was mindful of public discontent with the continuance of capital punishment, asserted Copping had softening of the brain. Dr Turnley disagreed, declared the youth sane, and the execution went ahead. Turnley's post-mortem found no disease located in Copping's brain.



State Library of NSW
Miscellaneous Photographic Portraits
Date of Workca. 1877-1918
Call Number DL PX 158
15. Richard Copping, Murder, May 1878
Digital Order Number: a421015

Police Records for Richard Copping
These notices are from the weekly police gazettes, Tasmania Reports of Crime Information for Police


Inquest 7 June 1878: wilful murder against Richard Copping
An Inquest was held at Bream Creek, on the 13th ultimo, before Richard Strachan, Esquire, Coroner, on the body of Susannah Stacey, native, aged 19 years. Verdict: - "Wilful Murder against Richard Copping."



Richard Copping, aged 19 yrs, native, free, arraigned for murder and remanded at the Supreme Court Hobart on 23 July 1878. Thomas Nevin also photographed at least two other prisoners in addition to Copping at this session: Francis Sheeran, (Shearan/Sheagan) photographed twice by Nevin and whose cartes-de-visite are also held in the Mitchell collection, SLNSW; and Allan Matthew Williamson, whose earlier mugshot, attached to a parchment criminal sheet, is held at the Penitentiary Chapel Historic Site, Hobart. Williamson's photo dated 1878 and 1888 was removed from his criminal sheet.





Two mugshots of Francis Sheeran 1877 and 1878 (and spelling variations)
The verso of the vignetted photograph on the right carries the inscription -
" Francis Shearan, 'Murder, 8 years, 25-7-78"
T.J. Nevin [photographer]: Tasmanian prisoners  State Library NSW Ref: PXB 274
Photos taken at the State Library NSW copyright © KLW NFC 2009 ARR



Titles: Williamson Allan Matthew No 22396
Places: Campbell Street Gaol, Hobart (Tas.)
Institution: Penitentiary Chapel Historic Site Management Committee
Object number: PCH_00033



Richard Copping was sentenced to be hanged on 24 September 1878. Thomas Nevin photographed Joseph Graham on this date at this session, printing this mugshot of Graham, like those of Sheeran and Copping as cdv vignettes - i.e. with a cloudy background. Graham's vignette is held at the Queen Victoria Museum and Art Gallery, Launceston.



Prisoner Joseph Graham(e)
T.J. Nevin [photographer] 1878 Hobart Gaol
QVMAG: Ref: 1985_p_0071 and 1985_p_0071_verso

The Report: Mercury 22 October 1878
EXECUTION OF COPPING.
Yesterday morning the extreme sentence of the law was carried out in the case of Richard Copping, aged 19 years, who was convicted at the Session of the Supreme Court, held on the 24th September, before Mr Justice Dobson, of the willful murder of Susan Stacey at Bream Creek, on Sunday 12th May last. Efforts had been made by some of his friends to induce the Executive to spare the un happy young man's life, but to no avail, and the Executive at the meeting of the 30th September, decided that the law must take its course. There had been no attempt on the part of the condemned man since his sentence, to deny his guilt, or to rely any further upon, the defence set up by his counsel at the time. Several of Copping's relatives have visited him in the condemned cell. The Rev John Gray, Church of England Chaplain, has been unremitting in his attention to the culprit, in administering instruction and consolation suited to his awful position As the time advmced, especially on Sunday last, Copping appeared to be breaking down, and he wept bitterly in contemplation of the sad event of the morrow. At one time on Sunday evening, Mr Atkins Governor of the Gaol (who, with the other officials of that establishment, had been most kind to him) feared that be would sink under the weight of his fearful forebodings, but he rallied, and seemed refreshed after a night s sleep.  The Sherriff, Mr John Swan, visited him daily, and the poor prisoner expressed himself as very thankful for Mr Swan's attention, asking Mr Swan on Sunday to see him in the morning which that gentleman accordingly did and was with him for some time before the fatal hour .The Rev John Gray spent a great part of the morning in prayer and the young man's feelings were powerfully wrought upon by the rev gentleman's mimistrations.He also partook of the Holy Communion immediately before leaving the cell Copping, although up to Sunday he did appeared to enjoy his meals was supplied by the gaol authorities with what ever food he fancied-but yesterday he refused to take any breakfast and, as on the previous evening, he was completely unmanned, and frequently cried like a child. As the clock struck eight, the.Under Sherriff, Mr Rothwell, proceeded to the condemned cell, and demanded the prisoner, a strong detachment of the Municipal Police being stationed in the yard where the scaffold was erected, and a few visitors who had been furnished with orders for admission, with the representatives of the press, being in attendance the executioner, Solomon Blay, having pinioned the arms of the prisoner, the solemn procession from the condemned cell to the scaffold yard took place, the Sheriff, Under Sheriff, Govenor of the Gaol and other officials attending the condemned man whose cries were soul harrowing. In appearance Copping was a strong and hale young man, and strangers would have taken him to be considerably more than nineteen years of age, The Chaplain preceed the sad cortege , reading portions of the funeral psalms. The Executioner having affixed the rope and put on and adjusted the fatal cap, the Chaplain spoke a few words of exhortation to the unhappy man, and on the usual signal being given, the bolt was withdrawn, the drop fell, and the condemned man, with a slight quivering of the muscular frame was launched into eternity. The Rev Chaplain, himself a young man, on whom devolved for the first time, the solemn and onerous duty of attending a male factor, was evidently much affected, but he held himself under control until the drop fell, and then he found himself unable to proceed with the concluding prayer. The spectators there upon retired. and the usual certificate was signed in the office by as many of the spectators as chose to certify to the execution. After the removal of the body from the scaffold an examination of the brain was made in the presence of Drs Benjafield, Smart, Giblin, and Turnley. It weighed 54 ounces. It was well developed. In a very careful examination not the slightest trace of disease could be detected .The remains were privately buried. The last execution at Hobart Town was that of Job Smith, aged 56 on the 31st May 1875, for the Port Arthur atrocity, prior to which no execution had taken place at Hobart Town since the 2nd December, 1865, when the man William Griffiths was hanged for the murder of two children at Hestercombe.
Source: EXECUTION OF COPPING. (1878, October 22). The Mercury (Hobart, Tas. : 1860 - 1954), p. 2. Retrieved March 14, 2015, from http://nla.gov.au/nla.news-article8969412



 EXECUTION OF COPPING. (1878, October 22). The Mercury (Hobart, Tas. : 1860 - 1954), p. 2. http://nla.gov.au/nla.news-article8969412

More Executions ...
Richard Copping was the third man to be hanged since 1865. Thomas Nevin provided the Hobart Gaol with photogaphs of all five men who were executed there between 1875 and 1884. Two of these photographs are hand-tinted, and all are mounted.

JOB SMITH 1875



This is a hand coloured vignetted carte de visite in an oval mount taken by T. J. Nevin of Job Smith aka William Campbell on arraignment 11th May 1875 at the Hobart Gaol. William Campbell was hanged for rape as Job Smith, Hobart Gaol 31st May,1875

Photographed by T. J. Nevin, Hobart Gaol,1875
Hand coloured vignetted carte de visite in an oval mount of Job Smith
 NLA Collection nla.pic-vn4270353 
Photo taken at the National Library of Australia, 6 Feb 2015
Photos copyright © KLW NFC 2015 ARR

SUTHERLAND and OGDEN 1883
These two were executed for the murder of William Wilson, reported in Tasmania Reports of Crime (weekly police gazette), 13 April 1883:
"Referring to murder of William Wilson, James Ogden, proper name Robert Ogden, and James Mahoney, alias Sutherland, have been arrested by P. C. Phillips. of the Campbell Town Municipal Police, and party. Ogden and Mahoney are also charged with the murder of Alfred Holman."



James Mahoney aka James Sutherland
Photographed by T. J. Nevin, Hobart Gaol, June 1883
Carte-de-visite in oval mount of James Sutherland

NLA Collection nla pic-vn4270311-v
Photo taken at the National Library of Australia, 6 Feb 2015
Photos copyright © KLW NFC 2015 ARR



James Sutherland death warrant 1883 signed by Francis Smith. Hand-tinted carte-de-visite of Sutherland taken by Thomas Nevin and Constable John Nevin, May 1883.

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



Prisoner Robert Ogden (1861?-1883), known as James Odgen,
Photographed by Thomas J. Nevin at the Hobart Gaol, 23 September 1875 for absconding.
Executed on 4th June 1883 at the Hobart Goal for murder.

Source of image:
State Library of NSW
Digital Order No. a421036
Miscellaneous Photographic Portraits ca. 1877-1918
36. James Ogden
Call Number DL PX 158:
Photographs : 54 silver gelatin photoprints, 2 albumen photoprints ; 7.8-21.3 x 5.8-17.5 cm.



Sutherland and Ogden
Tasmanian Museum and Art Gallery
Ref: Q16478. 1883? Unattributed.

HENRY STOCK 1884



Henry Stock, carte-de-visite in oval mount by Thomas Nevin taken at the Hobart Gaol on Stock's arrest for murder of his wife, 1884, pasted on a single page facing the original of his death warrant.

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

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Prisoner Alfred MALDEN or MALDON 1874

T. J. NEVIN prisoner identification photographs and duplicates Hobart Gaol 1870s
AMERICAN SHOOTING AT POLICE
EXHIBITIONS of Port Arthur convictaria 1900s, 1930s, 1980s



The three identical mugshots featured here are duplicates mounted in carte-de-visite format produced on government contract by commercial photographer Thomas J. Nevin from his single negative, taken at a single sitting with prisoner Alfred Malden or Maldon either on Malden's transfer from the Port Arthur prison, 60 kms south of Hobart to the Hobart House of Corrections, Campbell St. between July 1873 and January 1874, or on his discharge from the Mayor's Court, Hobart Town Hall, in February 1874. Thomas J. Nevin produced and printed many hundreds of these studio cartes-de-visite prisoner identification photographs in oval mounts - with six or so duplicates - for police use in Hobart from the early 1870s.

1871: Maldon's crime: - "shooting with intent to murder"
In a nutshell, recent arrivals from Melbourne, American seamen Maldon and Wilson were operating a pickpocket scam outside a theatre in Launceston when Wilson was caught by police. His fellow countryman Alfred Maldon confronted them, demanding they let Wilson go, then shot one of the constables called Eddie in the face. In the course of the long report of 29 April, 1871, the spelling of the shooter's name changes from Maldon to Malden. The "American-ness" of the crime - shooting at police - was noted as "rare in British communities". Alfred Maldon was tried at the Supreme Court, Launceston on 1st June 1871, sentenced to ten years, and discharged from Hobart Town in the week ending 25 February 1874, less than three years later on condition he leave the colony. His excuse for the shooting was that he was drunk, and because of a previous head injury caused by being struck by lightning, he was incapable of knowing what he was doing, a claim which amounted to a not-guilty plea, according to the trial judge.

28 April:
POLICE COURT. Cornwall Advertiser Fri 28 Apr 1871 Page 2
http://nla.gov.au/nla.news-article232999532
TUESDAY, APRIL 25. (before T. Mason, Esq., P.M., and J. D, Parker, J. P.
Shooting a Constable: - Alfred Maldon, charged, on the information of Constable Walter Scott, with feloniously attempt to kill and murder one John Eddie, discharging at his face a pistol loaded with powder and shot, and thereby causing a certain bodily injury dangerous to life, to wit,, a gun-shot wound, was remanded for one week.

29 April
DIABOLICAL AND COWARDLY OUTRAGE IN LAUNCESTON.
Tasmanian (Launceston) Saturday 29 April 1871, page 3
http://nla.gov.au/nla.news-article201346550
DIABOLICAL AND COWARDLY OUTRAGE IN LAUNCESTON.
A CONSTABLE SHOT WHILE IN THE EXECUTION OF HIS DUTY
On Monday evening between 7 and 8 o'clock, an outrage was perpetrated in Brisbane-street which is certainly rare in British communities. A constable was shot in cold blood while in the execution of his duty, and by a man to whom he had given no provocation. The particulars, as nearly as we can gather them, are these:- The police have lately received information of the arrival of several very bad characters from the other colonies, and, as a consequence, have kept very strict watch in any fray likely to afford opportunity for the commission of offences against the person. Inspector Ure was thus engaged on Monday night outside the Theatre Royal, and as the people were entering the doors, he saw a fellow put his hand into the pocket of Mr Richard Irvine. To arrest the man was the work of a moment, but no sooner was he in the clutches of the constable that he endeavoured to escape. Ure, however, stuck to his prisoner, and called for assistance, when Constable Scott came up, being soon after followed by Constable Eddie. Ure and Scott secured the man and were marching him off to the station, Constable Eddie following to see that he did not drop anything. A considerable crowd followed, and the party had turned the corner of Wellington-street, and were nearly opposite Wallace's forge, when Wilson resumed his struggles, and a tall man stepped from among the crowd, and demanded the release of the prisoner, stating that " he knew him to be a respectable man." Constable Eddie at once advanced and said "Well, sir, if you know him to be a respectable man, come over to the office and make your report with us." The man drew back presenting a pistol, saying  - " I'll office you," and he immediately fired and bolted. Scott at once let go his man, and Eddie, wounded in the face fell heavily forward. The would-be assassin bolted up Brisbane-street and was captured by Constable Scott, assisted by a man named Collings, between Hatton & Law's shop, at the corner of Charles-street and the soap factory. Inspector Sullivan, who was on duty at the Police Office, meanwhile, hearing the report of a pistol, followed by commotion, sent Constable Carey to the spot, and he, assisted by some civilians, picked up the wounded man and conveyed him to the police station.
Soon afterwards the man captured was brought in, and gave his name as Alfred Maldon. He denied having fired the shot, and cried bitterly. Eddie, however, who was sitting on a chair, and very weak from loss of blood, insisted that he was the man, and using language perhaps more forcible than polite - although fully warranted under the circumstances - declared what he would do for for him but for his weak condition. Maldon being formally changed with the offence, was locked up, and Eddie was removed to his house, Dr. Miller being at once sent for. It was found that he had been shot in the right chin somewhat obliquely, and as many as fifteen shot marks, about the size of quail shot, were found on the surface. The hemorrhage had been very great, a large pool of blood being visible where the man fell. Dr. Miller managed to extract a couple of grains of the shot, but could do no more at that time excepting prescribe the necessary treatment.
On being searched at the station, the man Maldon had several counterfeit coins in his possession, and we understand other evidence will be forthcoming not very favorable to his character. He was a recent arrival from Melbourne, and had been staying at a house on the wharf. The man Wilson is understood to be a deserter from the American whaling barque Lydia, recently as Hobart Town, and he was lately fined 10s at the Police Office for resisting Constable McCormick whilst in the execution of his duty.
Constable Eddie did not pass a very favorable night on Monday, but as the symptoms of his case appeared less serious during the day, he rallied considerably on Tuesday evening, we were told, and, on enquiry on Tuesday evening, we were told he was doing well. Maldon was brought up at the Police Court on Tuesday morning, and remanded at the request of Superintendent Coulter. He was so far convalescent on Thursday as to be up and resting on ?[illegible] A number of the shot fired from the pistol lodged in the clothing of Eddie who, to protect himself against the night air, was well wrapped up under his uniform coat. Malden [or Maldon]refused to say when he arrived here or by what ship; but the police have discovered that he only arrived from Melbourne on Saturday last by the S.S. Tamar. He and Wilson, the pick-pocket he attempted to rescue, pretend that they are not acquainted and don't know a thing of each other. All that can at present be gathered of the past history of Malden [or Maldon] is that some years ago he was a seaman on board the brig Susan trading at this port.
The pistol was found lying in the middle of the street soon after the occurrence. It is a common single-barrelled pocket pistol with spring trigger, and has the wooden part of the stock nearly severed from the metal apparently by the force with which it had been thrown away. It must have been well charged to have inflicted such a wound, or to have made the report heard by Sub-Inspector Sullivan.
Source: Tasmanian (Launceston) Saturday 29 April 1871, page 3

3 June:
CRIMINAL SITTINGS. SHOOTING WITH INTENT.
Mercury (Hobart, Tas) Saturday 3 June 1871, page 2
http://nla.gov.au/nla.news-article8868812



Maldon sentenced for shooting with intent
Mercury (Hobart, Tas) Saturday 3 June 1871, page 2
CRIMINAL SITTINGS.SHOOTING WITH INTENT. Alfred Maldon was charged with firing a pistol at Constable John Eddie, on the 24th of April, with intent to kill and murder him ; in a second count the prisoner was charged with shooting with intent to do him grievous bodily harm.
The prisoner, who was not defended by counsel, said, " I did fire the pistol ; but I had no intention to murder him, or do the constable any harm ; I did it through the effects of drink."
His Honor said that was equivalent to a plea of not guilty.
Evidence was then taken, but the particulars of the case have already appeared in our columns.
Prisoner (in answer to a question from His Honor) : I have nothing to say, your Honor, but that I did not intend to injure anyone. I have been suffering from having been struck by lightning, and since then drink makes me unable to know what I am doing. I had been drinking spirits that day, but I had no malice to anyone. I know no one in Launceston, and never saw the constable before. I always carried that weapon about with me, but not with any intention to injure anyone.
The jury retired for about twenty minutes, and then delivered a verdict of guilty on the second count.
The prisoner was remanded for sentence.
Source: Mercury (Hobart, Tas)  Saturday 3 June 1871, page 2

The NLA cdv's of Alfred Malden



Two mounted cdv duplicates from single sitting with prisoner Alfred Malden/Maldon
Photographed by T. J. Nevin, Hobart, July 1873-February 1874
Photo taken at the National Library of Australia, 6 Feb 2015
Photos copyright KLW NFC 2015 ARR



Versos:
Two mounted cdv duplicates from single sitting with prisoner Alfred Malden/Maldon
Photographed by T. J. Nevin, Hobart, July 1873-February 1874
Photo taken at the National Library of Australia, 6 Feb 2015
Photos copyright KLW NFC 2015 ARR

These two duplicates were transcribed verso in the early 1900s with the number "316" forty years after their intended use by police and documented again with the National Library of Australia's catalogue numbers when accessioned by donation in the 1960s (Dr. Neil Gunson from Benevolent Society estrays) and in the 1980s (curator John McPhee from the QVMAG exhibition 1977).

The early 1900s transcriptions show two versions of Malden's name, his ship of arrival in Tasmania as the Tamar (mispelled), the transcriber's use of the generic date "1874", and the generic place of imprisonment as "Port Arthur", all of which was used purely in the name of early 20th century tourism. In many, many instances, this same date and place systematically transcribed across the versos of hundreds of these prisoner cdvs forty years after their original use in police hands do not reflect the facts of the prisoner's criminal history at the time he was photographed. Malden was sent to Port Arthur after processing at the Hobart Gaol, and returned to the Hobart Gaol in 1873 or January 1874 at the latest. His sentence of ten years passed in 1871 was reduced on discharge in 1874 on condition he leave the colony of Tasmania.

The cdv on the right is relatively clean, and bears on verso the prisoner's name spelled "Malden" which was used and published by the Municipal Police Office in the 1870s. The one on the left is damaged due to poor storage and exposure, and bears on verso the spelling "Maldon". These differences could be ascribed to the following:

- the clean one was kept inside a police register, pasted to the criminal's record sheet which was kept in a bound book on a blue-coloured form at the Hobart Gaol, then removed four decades later but kept in a file or box.

- the damaged one was displayed in a rogue's gallery on the walls at the Municipal Police Office, Hobart at the time of Maldon's discharge in 1874, or it was salvaged from the photographer's room at the Hobart Gaol by John Watt Beattie during demolition of the room in 1915, to be displayed, uncased, at his "Port Arthur Museum" located in Hobart, in the name of tourism. It was also displayed at William Radcliffe's convictaria museum called The Old Curiosity Shop, which was located at Port Arthur in the 1930s. The Archives Office of Tasmania recorded the acquisition of a duplicate of Malden's "mounted" photograph with nine other cdvs ca. 1975 from Radcliffe's museum. Those cdvs were mugshots taken by Nevin of prisoners George Willis, James Merchant, George Leathley, Daniel Murphy, Alfred Doran, Ephraim Booth, James Martin, Henry Sweet, William Harrison and Alfred Maldon. William Radcliffe may have salvaged as much as was possible from Beattie's museum prior to Beattie's death in 1930 in order to set up his own convictaria museum for tourists to the ruins of the old Port Arthur prison, naming it with a Dickensian flourish no less.

The Archives Office gives this information:
Agency Number: NG946
Title: WILLIAM MONTAGUE RADCLIFFE AND FAMILY (COLLECTORS)
Start Date: 01 Jan 1920
End Date: 01 Jan 1970
Description:
The Radcliffe family ran a museum at Port Arthur that contained a collection of Tasmanian memorabilia and records. It was known as 'The Old Curiosity Shop'. The 'Radcliffe Collection' was acquired by the National Parks & Wildlife Service in the 1970s. William Radcliffe died in September 1943.
Information Sources: Glover Papers Vol 1 Page 66
The fact that the damaged one is transcribed with spelling of the name "Maldon" indicates two different sources of judicial information used by the same transcriber who wrote on these versos at different times in the 1900s, for example, the Conduct Records for MALDON, written on sentencing in 1871, and the Police Gazette records for MALDEN, written on discharge in 1874.

The source for the name spelled "MALDON" is this prisoner's record of arrival and sentencing in Tasmania, dated 1871. The record shows this information:
No.5830
Maldon, Alfred
Tried Launceston S.C. 1 June 1871
(10) Ten years imprisonment
Shooting with intent to do grievous bodily harm
P.A. [Port Arthur] H.C. [House of Corrections Hobart] 10/1/74
Remarks
Free
Gov. inf. 26/1/74 Residue of sentence remitted conditionally on the Rev. Mr. Haywood [sic: Hayward ?] undertaking that Maldon should forthwith leave the colony.


TAHO Records
Name: Maldon, Alfred
Record Type: Convicts
Arrival date: 1 Jan 1871
Remarks: Free. Tried Launceston Jun 1871
Index number:47436
Document ID:
NAME_INDEXES:1414109
Conduct Record CON37/1/10 Page 5830
Link: Conduct Record for Alfred Maldon

The Tasmanian police gazette published this prisoner's name as MALDEN not Maldon on discharge in 1874. Alfred Malden was a 39 year old "native" of New York, tall at 5 feet 10 inches, hair light brown, with two moles centre of left cheek. He was tried at the Supreme Court Launceston on 1st June 1871 for the offence of "Shooting with intent etc", sentenced to 10 years, and transferred within weeks to the Hobart Gaol where he stayed until transferred south to the Port Arthur prison. His name was included in a list of 109 prisoners who were returned to the Hobart Gaol on the decision of Parliament in July 1873. The photograph by T. J. Nevin taken on Malden's return to the Hobart Gaol was reprinted for court records on his discharge in February 1874. Having arrived free to the colony - "FC" - he was discharged with conditions from Hobart Town on 25 February 1874. The condition was that he leave Tasmania.



Alfred Malden per Tamar, discharged from Hobart Town, week ending 25 February 1874
Source: Tasmania Reports of Crime Information for Police 1871-1875James Barnard, Government Printer

Version online at the NLA



NLA Catalogue
nla.pic-vn4586426-v
Title: Alfred Maldon, per Tamar, taken at Port Arthur, 1874 [picture]
Date: 1874.
Extent: 2 photographs on carte-de-visite mount : albumen ; 9.4 x 5.6 cm. on mount 10.4 x 6.4 cm.
Context : Part of Convict portraits, Port Arthur, 1874 [picture]
Series: Convict portraits, Port Arthur, 1874.
Two copies of the same image.
Title devised from inscription on verso.
Inscription: "316 ; Alfred Maldon, per Tamer [i.e. Tamar], taken at Port Arthur, 1874"--In ink on verso.

The TMAG's cdv of Alfred Malden
This duplicate (below) is held at the Tasmanian Museum and Art Gallery. Its almost pristine condition can be attributed to several factors: firstly, the glass negative used for this duplicate was not re-used by police because Alfred Malden committed no further crimes in Tasmania. The condition of his discharge was that he leave Tasmania in February 1874. Secondly, this cdv was pasted to paper, originally to Malden's criminal record sheet and bound in the Hobart Gaol prison book for 1874. The verso shows where the original card was removed from the paper sheet, numbered "316" and subsequently transcribed with the prisoner's name and ship, probably by Beattie and Searle ca. 1915 for exhibition at Beattie's museum in Hobart, inscribing the words "Taken at Port Arthur 1874" as an incentive to tourists to visit the old prison. This duplicate may also have been shipped to Sydney, NSW, in March 1915 along with dozens more for an exhibition held at the Royal Hotel, Sydney to be displayed - reprinted and even offered for sale - as Port Arthur relics, alongside relics and documents associated with the travelling exhibition on board the fake convict hulk, Success. The newspaper reports of the exhibition clearly stated that the exhibitors - and this would have included John Watt Beattie as the Tasmanian contributor - collated original parchment records with duplicates, and also photographed original documents when duplicates were not available. Among the one ton of Port Arthur relics were dozens of original 1870s mugshots taken by T. J. Nevin, still attached to the prisoner's rap sheet; many more were removed for re-photographing in various formats as Beattie prepared for this exhibition. The association of the Port Arthur prison with Marcus Clarke's notes and novel of 1874, For The Term of His Natural Life,with these photographic records for the exhibitors was de rigeur by 1915, hence the historically unfactual wording "Taken at Port Arthur 1874" on the versos.

The inscriptions on all three versos - including the number "316" - were written in the same hand by the same person, perhaps at different times in the early 1900s. The number on the recto of the TMAG copy, however, - "195" - which does not appear on the NLA copies, was written eight decades later, in 1983 when this copy and fifty more original cdvs taken by T. J. Nevin at the Hobart Gaol in the 1870s were removed from the Beattie collection at the QVMAG in Launceston, to be exhibited at the Port Arthur prison heritage site as part of the Port Arthur Conservation Project 1983- 1984. This cdv of Alfred Maldon and another fifty were not returned to the QVMAG after the exhibition. They were deposited instead at the TMAG.



Prisoner Alfred Maldon [Malden]
Photographed by T. J. Nevin, Hobart, July 1873-February 1874
TMAG Ref: 15619



Verso: Prisoner Alfred Maldon [Malden]
Photographed by T. J. Nevin, Hobart, July 1873-February 1874
TMAG Ref: 15619

The Radcliffe Museum 1930s
William Radcliffe published a guide to Port Arthur in the 1930s with photographs by John Watt Beattie taken in the early 1900s. The shame of convict heritage, a keenly felt stigma of the times, required concealment of convicts' real names. On page 25, he wrote:
In consideration of relatives who may be living, the actual names have been omitted. If any doubt of the facts is occasioned in any way, the records may be seen on application at my museum at Port Arthur.
W. RADCLIFFE









Photos copyright © KLW NFC 2007

National Library of Australia
Title: The Port Arthur guide.
Publisher: [Port Arthur [Tas.] : W. Radcliffe, 193-?]
Printer: (Hobart : Cox Kay)
Description: 47 p. : ill., facsims ; 19 cm.
Notes: "From original records at The Old Curiosity Shop, Port Arthur."
Subjects: Penal colonies --Tasmania --History.
Port Arthur (Tas.) --History.
Other Authors: Radcliffe, W. (William)
Cover Title: Port Arthur guide : historical facts
Collect from: Manual Request only from Newspaper Reading Room, Lower Gnd 1
Call Number: mc N 1870 MCL HIST 825

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