Why was he not transported?

Discussion in 'Criminal Ancestors' started by HildaW, Jul 5, 2013.

  1. HildaW

    HildaW Well-Known Member

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    Can anyone offer a suggestion why John Lane Damerell on 28 Feb 1843 in Devon was imprisoned for Larceny upon (illegible) received a 4 month sentence and was twice whipped was not transported? age looks to be 15 but could be 13 (cannot find a bapt but age about right) - might this be the reason?
     
  2. Daft Bat

    Daft Bat Administrator. Chief cook & bottle washer! Staff Member

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    Where are you seeing this information, Hilda?
     
  3. HildaW

    HildaW Well-Known Member

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    Hi Jan,
    Exeter Post 12 Jan 1843 it was reported that at the DEVON COUNTY SESSIONS John Lane Damerell, 16, Joseph Payne, 17 & Daniel Holland, 21, were found guilty of stealing at Cornworthy.
    and from Ancestry file attached.
    Just remembered I did get a bapt 18 Mar 1827 so 15 is his correct age.
    Hilda
     

    Attached Files:

  4. Huncamunca

    Huncamunca The Knowledgeable One

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    As you will see from that page, many criminals were sentenced to imprisonment rather than transportation.

    I would imagine that a number of factors would be taken into consideration when deciding a sentence. These would include the severity of the offence, and whether someone was a persistent offender or not. I will have a dig around on Google and see if I can find anything about sentencing guidelines at that time.

    When my own ancestor was transported, in 1838, it was for a first offence, but he had been quite naughty (stealing over £500).
     
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  5. mugwortismy cat

    mugwortismy cat Tenacious to the End!

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    When my (distant) cousin Lewis Old was transported for stealing sheep, his brother was sentenced to imprsonment only. The brother came out very quickly, he seems to have served only half his time, got married, seemed to become a respectable citizen.

    Lewis ended up in NSW, where he got his free pass, and promptly absconded or disappeared. No idea what happened to him ...

    I imagine that Lewis was a bad boy, seen as the ringleader and thus treated more harshly than his brother.
     
  6. AnnB

    AnnB Editor in Chief who is Hot off the Press!

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    I thought I would try and find a report of the sessions which are mentioned in the paper of the 12th January 1843 and I found them in the Exeter Flying Post of the 2nd March 1843.

    The comments made by the Chairman of the sessions might go a way to explain why the sentence was not harsher. Perhaps other courts may not have been so 'lenient' if there was less crime in their area?

    Exeter Flying Post March 2 1843
    Devon General Sessions – A General Session for the County of Devon – for the trial of Prisoners only – commenced yesterday (Tuesday) at the Castle of Exeter.
    (among many others)
    John Lane Damerell, 15, was found guilty of stealing in November last, at Stanborough Turnpike Gate, in the parish of Halwell, two bushels of barley, the property of Wm. Huxham; and sentenced to be imprisoned and kept to hard labour four calendar months – and twice whipped.

    The Chairman, Baldwin Fulford jun. Esq. said to the jury before they were asked to deliberate on the cases, “I am very sorry to have to meet you here with such a heavy calendar, but it is a satisfaction to me to have reasonable ground for belief that although you will find the list that will by and by be presented to you heavy indeed in point of number, yet as regards the nature of the offences charged, these are not of any magnitude or marked by any peculiar features; neither are they such as can give rise to any difficulty to gentlemen such as I now see here, and who have often had to give their decision on cases similar in their nature before. The number of prisoners is larger I think than has even been usual in the short time which has elapsed since a Court for the trial of offenders was held in this place, but this I believe may be mainly attributed to the great depression which has been felt in every line of business, and I do hope that this state of depression being got over – as I trust will speedily be the case – this accumulation of offenders will cease also.”

    Best wishes
    Ann
     
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  7. HildaW

    HildaW Well-Known Member

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    Hi Ann, a million thanks for this, explains such a lot except what would he have done with 2 bushels of barley - sell them perhaps? From what I can gather he must have been in jail since Nov 1842, trial early 1843 and then 4 months hard labour so released approx July 1843. He was an ag lab so was possibly "apprenticed" to William Huxham but I have not been able to find out who he might have been apprenticed to from Devon Apprentice records and likewise not been able to find him in 1841 census, after that he is visible right thru to his death early 1900's. So he was very lucky not to have been transported or my husband would not be here and his prison sentance as a youth did not seem to impinge on his character because he married into the very respectable Yabsley family and his daughter married a Woodley who was in the Royal Navy - and there is another story which I would like some help on but I will start a new thread for that one.
    Many, many thanks for your help.
    Hilda
     
  8. AnnB

    AnnB Editor in Chief who is Hot off the Press!

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    I think this may be John in 1841 - afraid it doesn't tell you much though!

    HO107/227/3 Folio 5 page 4 (Crown Copyright TNA)
    Berry Pomeroy - Wildwoods Farm - head William White, farmer
    3 apprentices one being John Dameral aged 13, born in county.

    Berry Pomeroy is about 6 miles from Halwell where the offence took place.

    The name Damerell has many ways of being spelt, Damerel(l)/Damarel(l)/Damaral(l)/Demerel(l)/Damrel(l)/Damral(l) - I think you get the gist!

    Ann
     
  9. spison

    spison Well-Known Member

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    Hi Hilda,
    This was a difficult time in the history of transportation to Australia. As there was much local anger that Britain was continuing to send criminals! The last ship (and I believe it was unofficial) would arrive in Sydney in 1849. Transportation to Van Dieman's Land (aka Tasmania) was continuing but crimes tended to be more severe and/or for more hardened criminals - ie not first offenders. Transportation to Western Australia was yet to begin. Transportation was very expensive as at this stage many ships were still returning empty to England as Australia had very little to export. (Gold was yet to be officially discovered.)

    Sending young unaccompanied children as transportees was almost certainly also an issue, as by this stage NSW (and very likely VDL too) had a huge problem with "wild white" children - not necessarily orphans either - who were virtually a criminal class of their own. We had almost no institutions to support them and those who couldn't fit into the few institutions available, lived by their wits on the streets.

    Jane
     
  10. HildaW

    HildaW Well-Known Member

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    Hi Ann, many thanks for census info, had a look at it and it seems the best option for 1841 so I will go with that because he was not with his parents in 1841.
    Spelling I know about that, in fact my husband has the same name as his grandfather John Henry Damerell Woodley except that when my husband was registered they spelt his name Damerall, can only assume my late parents-in-law did not know the correct spelling but it appears his Damerell's spelt their name that way on BMD's/bapts but the enumerators wrote it 100 different ways so it makes tying up which child belongs to which family in the various census really fun.
    Regards
    Hilda
     

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