JOSEPH GARLAND
Convict Details
|
Ship
Name Circassian
|
Surname
Garland
|
| Departure
Port
Plymouth
|
Given
Name(s) Joseph |
| Departure
Date 14/10/1832 |
See
Surname |
| Arrival
Date 15/02/1833 |
See
Given Name(s) |
| Conduct
Record CON31/16 |
|
| Indent
Description List CON18/5, CON23/2 |
Appropriation
List CSO1/642/14425, CON27/6 |
A
special thank you to Neill Garland for the following notes
Was sentenced to transportation for life.
His convict Records describe him as being 5 feet 4.5 inche s tall, Fair
complexion, Light brown hair, narrow face and light grey eyes. His trade was
given as stone mason. He was transported to
Tasmania
on the Circassian which arrived on the 16th feb 1833 Whilst serving as a
convict Joseph Garland was repeatedley charged with various offences including
neglect of duty , using indecent language and in one case moving Government
stone from a works depot contrary to orders. He was flogged on at least seven
occasions and also received other forms of punishment such as hard labour and
solitary confinement. Despite his record he was recommended for a conditional
pardon on 24th march 1846 which was approved on 21st Of September 1847.
Joseph Garland was born 1813 the son of Thomas Garland, (Butcher) and Grace
Barratt of Plymouth Devon. He was 19 years old when he committed the
offence of break ing and entering and was to pay dearly for the offence. Joseph
was sentenced to life imprisonment on the 16th. March 1 832. This was commuted
to transportation for life to Van Diemens Land. A transcript of his indictment
reads The jurors for our Lord the King upon their oath present th at heretofore
to wit at the aforesaid (or adjourned or othe r...) General Quarter Sessions of
the Peace holden at the Guildhall for the borough of Plymouth on Monday the
tenth day of January in the first year of his present Majesty's reign, one
Joseph Garland, hereinafter mentioned was convicted of felony in that the said
Joseph Garland, herein after m entioned was convicted of felony in that the said
Joseph Garland, late Parish of Saint Andrew in the borough of Plymouth in the
County of Devon, labourer and one Thomas Lee (this name has been struck out)
late of the same place, afterwards to wit on the first day of February in the
year of our Lord One thousand eight hundred and thirty two, with force and arms
at the parish aforesaid in the borough and count y aforesaid, the dwelling house
of one Samuel Webber the Younger, there situate, feloniously did break and enter
and in the same dwelling house then and there, feloniously did s teal and take
away ten pieces of the current silver coin-of th& realm called shillings-of-tbe
value-to-twelve pence each of the monies of the said Samuel Webber and one
security for payment one money, to wit one bill of exchange for payment of the
sum often pounds and of the value often pounds , the said bill of exchange being
at the time of committing the felony aforesaid, the property of the said Samuel
Webber and the sum of money payable and secured by and upon th e same there
remaining due and unsatisfied to the said Samuel Webber. Against the forms of
the statute and such case made and provided against the peace of the said Lord
the King, his crown and dignity. And the jurors aforesaid upon their oath
aforesaid further present that the said Joseph Garland and Thomas Lee on the
first day of February in the year last aforesaid in the Borough and County
aforesaid with force and arms at the Parish aforesaid in the borough and county
aforesaid, the dwelling house of Samuel Webber there situate feloniously did
break and in the same dwelling then and there steal, take and carry away ten
pieces of current silver coins of this realm called shillings of the value of
twelve pence each of the monies of the said Samuel Webber and the sum of money,
t o wit, one bill of exchange for payment of the sum often pounds and of the
value often pounds, the said bill of exchange being at the time of committing
the felony aforesaid, the property of the said Samuel Webber and the sum of
money payable and ....? By and upon the same remaining due and unsatisfied the
said Samuel Webber against the form of the statute in such case made and
provided against the peace of the said Lord the King, his Crown and Dignity
Chambre Samuel Webber, the Younger Samuel Dard Richard May
Eliza Kidman John Hosking Lindsay Frost Witnesses sworn in court Signed C.
Lewis Joseph Garland left Plymouth England on the 14th October 18 32 as one of
186 male convicts aboard the "Circassion" al l bound for Hobart and
all arrived without loss of life after being aboard for at least 125 days on the
16th February ] 833. This, we assume, can be attributed to the effort s of the
Ship's master Geo. Douthwaite and Surgeon Wm. Porteous. His was described as
being 5'4" tall, age 19 complexion fai r with a small head, light brown
hair and whiskers with a narrow forehead, low eyebrows, light brown hair and
light grey eyes, his mouth and chin were described as small and h e had a
pockmark on the left comer of the mouth. Joseph did not adapt well and in his
first six months in th e colony he absconded with of course the appropriate
punishment at the time. His records indicate that he received 210 lashes in 7
separate sessions. This would indicate he had a fairly rough time especially
when doing his six months hard labour in Launceston jail in 1833-34. Again in
1838-39 he had another rough time. It seems once one gets known for one's
misdemeanours the power of the law falls heavy His convict record reads as
follows Nov 12 1833 PW (or PM) absconding 6 months imprisonment and hard labour
Launceston gang IWL Dec 17 1833 Chain Gang Neglect of duty One month
imprisonment and hard labour in addition to his former The Convict Muster for 31
December 1833 shows 882, Joseph Garland assigned to the Public Works RC Gang Jan
7 1834 Chain gang neglect of work 25 lashes Mar 1 1834 Chain gang .......? Of
orders 25 lashes The nominal return of male convicts (convict
muster) showni g their distribution for the year ending 31st. December 183 4
shows Joseph assigned to Lieut. Thompson July 14 1836 Thompson, using very
indecent language and neglecting his work 36 lashes G. King Solomon 1st. felony
dismissed Oct 20 1837 Solomon misconduct in having in his box several articles
belonging to his master Serve -...? Hard labour in chains not to be reassigned
in the
Campbell
Town
district Leake Hobart for the Customs House vide Lieut Govrs....? Sept 14 1838
Labr Customs House Misconduct in removing Government stone from the works
contrary to orders 50 lashes Customs House gang 1838 Customs House gang
Absenting themselves from his gang and when ordered to work, running away 25
lashes Dec 10 1838 Customs House gang Misconduct 24 lashes Dec 26 1838 Labr
Customs House gang Absent from muster Dec 26 1838 Labr Customs House Having in
his possession a certificate belonging to another prisoner. Solitary confinement
on bread and water 6 days Jan 5 1839 Customs House Gang misconduct 25 lashes
Sept 10 1839 Customs House Gang disorderly conduct Reprimanded June 9 1840
Seabrook/Misconduct ???? wheel 14 days and returned to the Crown Nov 2 1843 Out
after hours Around this time Joseph Garland met Mary Hackett (probably when he
was out after hours) another convict who was born in Dublin Ireland and had been
transported on the 'Mary A nn' arriving in the Colony on the 30th March 1841.
Mary Hackett had been tried at the Dublin City Assizes for receiving stolen
apparel, three shirts, one pair of shoe s and a silk handkerchief. She was
sentenced to transportation for seven years. Her convict records describe her as
being 4'9" tall wit h a fresh complexion, an oval face with dark brown hair
and blue eyes. Mary only had two blemishes against her name and these were not
long after she arrived 7th Sept 1841 Superintendent Lock Disobedience of orders
Six days solitary without blankets and assigned to his serv ice 14th Oct 1841
Wilson Absent three days and nights without l eave Two months at the wash tub
and then assigned in the ..? Joseph Garland and Mary Hackett applied to be
married late in 1842. Their request was sent to the Muster Master on t he 16th.
October 1842 and the Secretary on the 19th November 1942. Approval would have
been given shortly thereafter. They were married at the
Pontville
Church
according to th e rites of the United Church of England. Witnesses at their
wedding were Thomas Peltham and Ann Connor. At the time o f the wedding Mary was
six months pregnant with her first child. The Convict Muster for 31st. December
1841 shows 882, Joseph Garland Circassion Ticket of Leave PRO Microfilm 79, Page
87 This was the start of his move to freedom. A Ticket of leave was a document
given to give them freedom to work and live within a given district of the
colony until their sentence expired or they were pardoned. TOL convicts could
hire themselves out or be self employed. They could also acquire property.
Church attendance was compulsory as was appearing before a magistrate when
required. Permission was needed before moving to another district and passports
were issued to those convicts whose work required regular travel between
districts. Convict s applied through their masters to the bench magistrates for
a TOL and needed to have served a stipulated portion of t heir sentence. 7 year
terms needed 4 years service with 1 , or 5 years with 2 masters, 14 years needed
6 years with 1 , 8 years with 2 or 12 years with 3 masters. Liters, as Joseph
was, needed 8 years with 1, 10 years wit h 2 or 12 years with 3 masters. Joseph
Garland was recommended for a Conditional Pardon o n the 24th March 1846 but
this was not approved until 21st . September 1847. Joseph had been a prisoner of
the Crown 1 5 years, six months and six days. Two of his children Joseph and
James were born before he was granted his pardon. All of his children would have
been deemed to be "currency kids" this is, the children of a convict.
Joseph Garland and Mary Hackett settled in the Green Pond s area and had six
children that we known of Joseph born 10th March 1843 James born 26th October
1844 Grace born 24th July 1846 William born 1848 John born 1851 Mary Ann born
1853 Joseph died from ulceration of the stomach on the 1st. November 1878 with
Mary dying only a few months after her husband with cancer of the womb. They
were both buried at Kempton but as yet, whereabouts unknown.
