Crime and Punishment

Many Western Australians have a convict or pensioner guard in their ancestral family. The State Library has digitised some items from our heritage collections relating to convicts, the police and the early criminal justice system.

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Convicts Tom the dealer, Davey Evans and Paddy Paternoster b2462917

Police Gazette of Western Australia, 1876-1900
The Police Gazettes include information under various headings including apprehensions (name of person arrested, arresting constable, charge and sentence), police appointments, tickets of leave, certificates of freedom, and conditional pardons issued to convicts. You may find physical descriptions of prisoners. Deserters from military service and escaped prisoners are sought. Mention is also made of expirees leaving the colony; inquests (where held, date, name and date of death of person, verdict); licences (publican, gallon, eating, boarding and lodging houses, railway refreshment rooms, wine and beer and spirit merchants, etc. giving name of licensee, name of hotel and town or district). There are listings for missing friends; prisoners discharged; people tried at Quarter Sessions (name, offence, district, verdict); and warrants issued. There are many reasons for a name to appear in the gazettes.

We thank the Friends of Battye Library and the Sholl Bequest, for supporting the digitising of the Police Gazettes.

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A great resource for researching the broader experience of WA convicts is The convict system in Western Australia, 1850-1870 by Cherry Gertzel. This thesis explains the workings of the convict system, and explores the conditions under which the convicts lived and worked, their effect on the colony and, to some extent, the attitudes of colonists to the prisoners.

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Another valuable publication is Further correspondence on the subject of convict discipline and transportation. This comprises official documents relating to the transportation of convicts to Australia, covering the period 1810-1865, and is bound in 8 volumes.
This set from our rare book collection gives an excellent background to the subject for anyone researching convicts or convict guards, with individuals (very) occasionally being named.
The easiest way to access this wonderful resource is to type convict system under Title in our catalogue and select State Library Online from the drop-down box. Once you’ve selected a volume, you can browse through the pages by placing your cursor on the edge of a page and clicking. If you have the volume turned on, this makes a very satisfying page-turning noise! If you want to search for names, scroll down and select the Download button. You can then save a searchable PDF version to your PC. The files are fairly large so you may need to be patient.

Return of the number of wives and families of ticket-of-leave holders to be sent out to Western Australia 1859

Return of the number of wives and families of ticket-of-leave holders to be sent out to Western Australia 1859 From: Further correspondence on the subject of convict discipline and transportation, 1859-1865 p.65. [vol.8]

 There are several online diaries relating to convict voyages. The diary, including copies of letters home, of convict John Acton Wroth was kept during his transportation to Western Australia on the Mermaid in 1851 and for a while after his arrival. Wroth was only 17 years old at the time of his conviction. Apparently he was enamoured of a young woman and resorted to fraud in order to find the means to impress her. The diary spans 1851-1853 and it reveals one young man’s difficulty in finding himself far from the love and support of his family while accepting of the circumstance he has brought upon himself. Wroth subsequently settled in Toodyay and became a respected resident, raising a large family and running several businesses as well as acting for some time as local school master.

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Another interesting read is the transcript of the diary of John Gregg, carpenter on the convict ship York. This 1862 diary gives details of work each day, which was often difficult when the weather was foul and the carpenter sea-sick, and uncommon events such as attempts by convicts to escape –

“…the affair altogether must be admitted to reflect little credit on the military portion of the convict guard, for although the officer of the watch called loud and long for the guard, none were forthcoming until the prisoners were actually in custody.”

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Diary of John Gregg, carpenter on the convict ship ‘York’, with definitions of nautical terms, compiled by Juliet Ludbrook.

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A letter from a convict in Australia to a brother in England, originally published in the Cornhill Magazine, April 1866 contains insights into the experience of a more educated felon and some sharp observations on convict life as lived by him upon his arrival in Western Australia-

“…you can walk about and talk with your friends as you please. So long as there is no disturbance, there is no interference”

and

“…the bond class stand in the proportion of fully five-sevenths of the entire population, and are fully conscious of their power…”

Other miscellaneous convict -related items include:

Two posters listing convict runaways with details of their convictions and descriptions:
Return of convicts who have escaped from the colony, and whose absconding has been notified to this office between the 1st June, 1850, and the 31st of March, 1859
and
List of convicts who are supposed to have escaped the Colony (a broadsheet giving the name, number and description of 83 escaped convicts).


Parade state of the Enrolled Guard, 30 March 1887, on the occasion of the inspection of the guard by Sir Frederick Napier Broome, prior to disbandment.

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Parade state of the Enrolled Guard… b1936163

 

British Army pensioners came out to Western Australia as convict guards. This document gives the following details for those still serving in 1887:- rank, name, regiment, age, rate of pension, length of Army service, rank when pensioned, date of joining the Enrolled Guard, medals and clasps.

 

 

 

 

 

 

Scale of remission for English convicts sentenced to penal servitude subsequent to 1 July 1857  is a table showing how much time in good behaviour convicts needed to accrue in order to qualify for privileges.

Certificate of freedom, 1869 [Certificates of freedom of convict William Dore]

This is just a small sample of convict-related material in the State Library collections that you can explore online. You can also visit the Battye Library of West Australian History to research individual convicts, policemen, pensioner guards or others involved in the criminal justice system.

 

Do you have a convict in your family?

Individual convicts can be named in these volumes – this table even gives wives’ maiden names [Convict system, volume 8, page 65 of section on Western Australia]

The State Library is adding new digital content to its website all the time, which means that you can do some of your family history research from home. For instance, if you have a convict or guard in your family, you might be interested in the Convict system. This eight-volume set, housed in our rare book collection, consists of corrrespondence about the convict establishment from the Comptroller General.

Lots of convicts are named, as you can see from the example here, and there is plenty of background information too. For instance, I was able to find out when the government ceased the practice of recouping passage money from convicts – 1857. There is a notice to this effect on page 29 of the same volume.

The easiest way to access this wonderful resource is to type convict system under Title in our catalogue and select State Library Online from the drop-down box. Once you’ve selected a volume, you can browse through the pages by placing your cursor on the edge of a page and clicking. This makes a very satisfying page-turning noise! If you want to search for names, scroll down and select the Download button. This means you can save a searchable PDF version to your PC. The files are fairly large so you may need to be patient.

Ancestry launches Convicts’ Applications to Marry for Valentine’s Day

Ancestry has launched a new database, ‘Registers of Convicts’ Applications to Marry’ in time for Valentine’s Day. The registers from the State Records Authority of New South Wales cover the period 1826-1851 and the information given includes name, age, birth year, spouse, whether or not permission was granted and the date of permission or refusal.

This database, along with all the rest of the Ancestry content, can be searched within the State Library building. To access it go to our website at www.slwa.wa.gov.au and select How Do I Find – Electronic Resources – Databases by Category – Family History – Ancestry Library Edition.

Old Bailey Proceedings online

The Proceedings of the Old Bailey, London’s Central Criminal Court have been online for a while, covering 1674-1834.

Recently a further 100,000 criminal trials have been added to the website and the time frame now covers 1674-1913. Digitised images of the original court proceedings are attached to records. You can search on a persons name, but also by offence, verdict and punishment.

 This is a great resource if you are researching convicts from England processed through the Central Criminal Court and it’s free!

Have you tried using the FREE Ancestry library edition database at the State Library?

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Ancestry library edition is a subscription database, similar to the popular Ancestry.com, where you can search for information on your ancestors free within the State Library building.

Popular databases include:

  • Australian convict index 1788-1868
  • UK census records and images for 1841, 1851, 1861, 1871, 1881, 1891 and 1901 covering England, Wales, Scotland, Channel Islands and the Isle of Man but not Ireland
  • US census records and images 1790-1930
  • British Army World War 1 pension records 1914-1920
  • Pallot’s Marriage Index 1780-1837
  • British phone books 1880-1984
  • UK birth, marriage and death indexes 1837-2005 (not complete but worth searching)*

 *Remember that Ancestry is providing access to the indexes not to the original certificates. These will have to be ordered from the relevant registry office

What else can I find?

Other types of records include: parish records, wills, immigration records, directories, land records, court records, newspapers, gazetteers, maps and photographs

What can I do with my results?

To print your results click on Print and follow the on-screen instructions for the best results. Always use the Print Preview option first because there is often a blank page before and after your image.

There is the option to email your results but use this with caution as you can only ever email 5 results to any one email address.

Watch this space!

Family History subject specialists will soon be offering training courses on using Ancestry library edition for interested staff.