| Notes |
- Edward Garth was indicted for feloniously stealing on the 29 October 1784, two live cows, being the property of Thomas Rhodes the younger. He was sentenced to death but reprieved on 3 March 1785 to transportation to Africa for seven years. His reprieve was based on witness accounts who described him as a hard working lad in the 14 years he had known him while another offered to employ him if he was acquitted.
Following time spent in the prison hulk Ceres, he was sent to Portsmouth for embarkation on Scarborough. Immediately on arrival at Port Jackson, Edward was selected to go with the first group to settle Norfolk Island. On 12 February 1788 Phillip Gidley King was appointed Superintendent and Commandant of the settlement at Norfolk Island. King landed at Norfolk Island with soldiers, convicts which included six female and eight male convicts and supplies on 5 March 1788. Here Edward married Susannah Gough a convict. The settlement of Norfolk Island had three distinct periods. The first two were penal settlements, 1788-1814 and 1825-1853. Edward was on the island from March 1788 until 1807 and during different times in the first period more people were sent to the island to relieve the strain on the mainland colony where food was scarce.
During the time on Norfolk Island people were classified into 1st, 2nd and 3rd class inhabitants. Edward was an assigned second class settler and as such was entitled to be victualled and clothed for two years at public expense and was allowed two convicts for one year and two convicts for fifteen months longer. Edward was variously described as conducting himself well and had a large family of a wife and seven children with 30 acres of cleared land. His house on the island was described as shingled, boarded and floored and had three outhouses of logs all valued at 65 pounds. Thus, through his diligence in the colony he came to own substantial holdings. He also became a nightwatchman and a member of the Norfolk Island Settler Society.
In 1807 Edward and his family were sent on the second embarkation on the 26 December 1807 to Van Diemen’s Land on HMS Porpoise. On this journey he was allowed to take fifteen male sheep and seven grown sheep to restart his new life in VDL. Porpoise arrived in VDL on 17 January 1808, twenty years after the first fleet had arrived in Sydney Cove.
On arrival in Hobart Town Edward was granted 93 acres at Sandy Bay which he farmed with his growing family. Here there was at one time a headland known as Garths Point. The family remained on the land for 115 years from 1808 to 1923 and are remembered by the naming of Garth Ave in the area. In 1813 he received a further grant of 33 acres and during his remaining years had extensive holdings at Clarence Plains & Browns River.
Edward died on 13 December, 1823 at his farm at Sandy Bay/Brown’s River now called Kingston, aged 55 and is buried at St Davids Hobart. Tasmania.
At the time of his death Edward and his four surviving sons had 500 acres of land, 270 head of cattle and 3,650 sheep. The family also had grazing licenses.
http://www.fellowshipfirstfleeters.org.au/edwardgarth.htm
Sources: Mollie Gillen : The Founders of Australia;
Thais Mason : From Chains to Freedom : A history of the Garth Bellett Family 1788-1982.
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Convicted of stealing two cows. Arrived on Scarborough.
Upon arrival at Port Jackson, Edward was sent to Norfolk Island.
COURT TRANSCRIPT
32. EDWARD GARTH was indicted for feloniously stealing on the 29th day of October last, two live cows, value 17 l. the property of Thomas Rhodes , the younger.
THOMAS RHODES sworn.
I live at Tottenham Court, just through the turnpike, I am a cow-keeper , I am in business for myself; I lost two cows, I never missed them till accidentally coming along Monmouth-street I saw one of my beasts in a drove, I challenged the drover, he said he had bought them of Mr. Chapman, salesman in Smithfield, a person I very well know; the drover said he was going to take it to Mr. Wright's in St. James's; I desired him to make my compliments to his master, and tell him not to kill it till I saw Mr. Chapman; when I came to Smithfield I saw another of my cows in Mr. Chapman's custody, and he told me they were brought to him by a person in the name of Hamilton, I saw the cows on Thursday following.
Were they in milk? - No, they were what we call inter beast.
Were they going in the field? - They laid down in the fields, they laid down there a good while, we lay a quantity there, I saw them all safe in particular on Thursday morning; as I knew I should not see them on Friday, I made it my business to see them on Thursday.
Mr. Peatt, Prisoner's Council. You say you had not seen these cows since Thursday morning? - No.
How long have you had them? - I cannot say, we change our beast about from year to year, I have a great many, my father is a cowman; they do not feed together, we know them all be the colour what they will, I found the prisoner at the King's Head in Smithfield.
Was you ever mistaken in a cow? - I should know it if it was a thousand miles off, in the midst of a thousand beast.
Court. Are you perfectly sure these were your cows? - Yes, I have not the smallest doubt about them, I know them all by their colour, nothing more, and one of these cows is a particular grey one.
WILLIAM CHAPMAN sworn.
I know the prisoner, I have seen him before; on the 29th of October last on the Friday morning, as I was going to Smithfield about half past six, the prisoner came, and said he had brought two cows for me to sell, he said he brought them from Mr. Hamilton, of Holloway or Highgate, I am not sure which, I looked at them, and booked them in that name, the name of Hamilton.
Court. Was there a Mr. Hamilton at Holloway that you knew? - No, I do not know any such name.
Court. You did not buy the cows? - No, my Lord.
Did you sell either of them? - I sold one of them.
Did you receive the money for it? - No, I sold it to a Mr. Wright, of St. James's-market,
a person I am very intimate with, and he had not paid me.
Did you pay the prisoner for that? - No.
Did you acquaint him that you had sold it? - I never saw him from the time he delivered me the cow, when he spoke to me, till he was taken, which was about twelve o'clock.
Before that, Mr. Rhodes came to you? - Yes, Mr. Rhodes came about twelve, and said that is my cow stands there, how came you by it; I told him a young man had brought them to me in the morning, and said he brought them from Mr. Hamilton, of Holloway, that he left the cows with me, and was gone away somewhere, I did not know where; when the prisoner was taken up I was present.
What did he say? - He said little or nothing to Mr. Rhodes, till he came before the Justice, then he said he bought them.
Did he give any account of the person of whom he had bought them? - No, I do not remember.
PRISONER's DEFENCE.
I was paid for driving these cows to market, by one Hamilton of Highgate, he told me he was going into town, and desired me to sell them, accordingly I gave them to Mr. Chapman, and desired him to sell them, and I went into the King's-head, and had a pint of beer, and they came and took me up, I have several times carried cows to Mr. Chapman.
Court to Chapman. Had you ever any dealings with the prisoner before? - None, to my knowledge; I find since, he lived with a Mr. Herring, and he sent three or four to me to sell, and I have mentioned him to Mr. Herring, and he gave him a very good character; Mr. Herring lives just by Hampstead.
Court to Prisoner. Did you send to Mr. Herring? - Yes, Sir, he was here four days past, he was here till eleven o'clock last night, my witnesses were all here this morning, they are all over at the public house.
Mr. Chapman. I did not see him drive them into the market.
You did not know how they came into the market? - No.
ROBERT - sworn.
I was watchman at the small-pox hospital, by the turnpike, Cold-bath-fields, on the 29th of October, on Friday morning, between five and six, I saw the prisoner come through the turnpike with two cows, one cow was a grey cow, the other was a dark mottled cow, it was light enough for me to discern the colour of his coat, and his face, and his hair, he came very close to me, I never saw him before.
Do cows coming from Hampstead-road come through that turnpike? - It is the road from Kentish-town.
Court to Rhodes. Where were your cattle on Thursday last? - In the fields by the half-way house, it was in the forenoon.
JOHN REDMAN sworn.
I am a victualler in Tavistock-row, Covent-garden, I have known the prisoner fourteen years, I knew him to be an honest, hard-working lad, I never heard any thing else of him before, he bore a general good character.
MICHAEL REDMAN sworn.
I am a milkman, I have known him a year and a half, his general character is an honest, hard-working lad, he worked for bricklayers; I got him into Mr. Herring's, and I was bail to Mr. Herring for his honesty.
Court. Would you, if he was discharged, take him into your service? - Yes, I would, I never knew any thing of him but honesty, he behaved well.
The prisoner called two more witnesses, who all gave him a very good character.
GUILTY .
He was humbly recommended to mercy by the Jury.
Tried by the first Middlesex Jury before Lord LOUGHBOROUGH.
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Edward Garth
GARTH
[GASH]
Edward
Scarborough
LondonOld Bailey
08 12 1784 / 23 02 1785
7 years. Death commuted
Edward Garth Gash 24 English Convict Male Scarborough
8/12/84 Old Bailey Larceny Animal 340/- Death – 23 02 1785 Commuted to Transportation 7 years
Norfolk Island 1788 to 1807 then Tasmania. Married Susannah Garth 1795. 13 December 1823, Tasmania
He was tried at Old Bailey, London on 8 December 1784 for stealing livestock (two cows) with a value of 340 shillings. He was sentenced to transportation for 7 years having been originally sentenced to death, and left England on the Scarborough aged about 23 at that time (May 1787). He had no occupation recorded. He died in 1823.
Notes: On 6 July 1789 he was ordered to receive 100 lashes for the theft of three quarts of wheat. Night watch member by the end of December 1791. Married Susannah Garth in 1795 – a daughter had been born to them in 1789 and they had six more children in later years. Having the same surname, there is debate as to whether they were related.
At the Old Bailey Edward Garth was sentenced to hang for his crime of stealing two live cows valued at £17. Luckily the sentence was reduced to seven years transportation allowing him to ultimately continue his dairying interests at Hobart Town. Garth later married Susan Gough about 1795.
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EDWARD GARTH
Information obtained from Archives Office of Tasmania http://www.archives.tas.gov.au/
Edward Garth believed born in England about 1768 and died at Hobart, Tasmania, Australia 1823, wed Suzannah (other details unknown) believed born 1763 in England and died at Hobart 1841. They appear to be First Fleet convicts, and included in the special group sent to pioneer Norfolk Island as a food supply for the Sydney settlement.
The list of First Fleeters includes
Scarborough, Convict Edward Garth also Gaff or Gash
Friendship, Convict Suzannah Garth also Gough, Grates, Grant or Grath
Checking the John Cobley books,
1. Crimes of the First Fleet Convicts.
Susannah Garth (Grant) (aged 24 in 1787) and Elizabeth Dudgens (aged 23 in 1787) were together tried in the Old Bailey Weds 10 Sept 1873 for stealing, sentenced to 7 years transportation.
Edward Garth (age not recorded) was tried in Old Bailey Weds 8 Dec 1784 for stealing 2 cows, sentenced to death respited to transportation to Africa for 7 years
2. Sydney Cove 1788
On Weds 30 January Mr Jameson's choices of 8 convict men and 6 women were selected, and given permission to marry if affection arose. Anne Yates declined her offer and Susan Gough replaced her.
On Thurs 14 Feb (Page 75) The personell accompanying Lieutenant King to colonise Norfolk Island were Mr Jamison, Surgeon's First Mate of the Sirius, Mr James Cunningham Master's Mate of the Sirius, Mr T Turnpenny Altree Assistant to the Surgeon, two seamen, Roger Morley a weaver and William Westbrook a sawyer, two marines from the Sirius, Charles Kerridge and John Batchelor, six female convicts, Elizabeth Lee, Elizabeth Colley, Olivia Gascoin, Ann Inett, Susan Gough; and nine male convicts including Charles McClellan, Richard Widdicombe, Edward Garth, Edward Westlake, John Mortimer, Noah Mortimer and Nathaniel Lucas. They took stores for 6 months, "some sheep, hogs and poultry, seeds and plants, with tools and implements for clearing and cultivating the ground"
On 19 March the Supply returned to Sydney and reported" It was with great difficulty and hazard they landed the provisions and stores, the shore being extremely rocky and the surf beating very high".
On 17 July the Supply was sent to Norfolk Island with 6 months provisions, and returned on 26 Aug to report the deaths of Mr Cunningham and three others lost in a boat that was swamped by the surf.
3. Blackburn's Isle, by Derek Neville, records the Supply sailed on 17 Feb 1788 with 21 male convicts, 6 female convicts and 3 children including a boy (3) and a girl (4). I can find no trace of these children in my reference books.
Land Grants 1788 - 1809 by R J Ryan records Page 85, Dec 30 1796
Edward Garth granted 12 acres on Norfolk Island, rent 1 shilling a year after 5 years
James Garth on Oct 30 1796 leased 20 acres, rent 1 pound a year for 14 years
Edward Garth Junior leased 40 acres, rent 2 pounds a year for 14 year, this lease sold by Edward Garth Senior in consideration of receiving 35 pounds for the use of his son on 3 Apr 1802
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thanks to Elizabeth Janson - http://mepnab.netau.net/g/garth.html
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