Free Settler or Felon
Convict and Colonial History


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179151
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 18 March 1840
Place: Newcastle
Source: Newcastle Gaol Entrance Book. State Archives NSW. Roll 136
Details: Julia Connell per Caroline assigned servant


180008
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 20 June 1844
Place: Newcastle
Source: Newcastle Court of Petty Sessions Letter Book
Details: Letter No. 44/ 116. Employed Thomas Smith per Marquis of Huntley as carter to travel between Newcastle and Maitland


180469
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 15 August 1835
Place: Newcastle
Source: Newcastle Court of Petty Sessions, Bench Books, 1833-1836 (Ancestry)
Details: Gentleman John Smith giving notice to the Bench of Magistrates that he wishes to return the two female prisoners to government - Rose Mitchell and Mary O Neal


180502
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 1 September 1835
Place: Newcastle
Source: Newcastle Court of Petty Sessions, Bench Books, 1833-1836 (Ancestry)
Details: Edward Stephenson, assigned to Mr. John Smith charged with being absent without leave after hours and drunkenness...Constable William Rouse testified...On Saturday night last Mr. Smith reportd to me that his servants were absent. We searched the town for some time and could not find them. About eleven oclock the same night I detected the prisoner coming over the fence adjoining the premises of a Private soldier by the name of Case where I supposed he came from as I suspected there were persons drinking hearing the voices of men outside. This is the second prisoner of the crown I took on the same night coming as I suppose from the same house. The prisoner was drunk....Mr. John Smith testified....On Saturday night I heard a noise in the stable. I called on one of my servants to go with me. I found some of the horses loose kicking about the stable. Two of the same horses by my directions had been tethered out by the prisoner. I called the prisoner from where he sleeps and found he was absent. Guilty. Sentenced to 50 lashes


180596
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 20 October 1835
Place: Newcastle
Source: Newcastle Court of Petty Sessions, Bench Books, 1833-1836 (Ancestry)
Details: Sarah Barnett per Buffalo assigned servant to Mr. John Smith, charged with disorderly conduct.. Mr. Smith testified....Having heard that the prisoner had destroyed a number of things and was insolent to her mistress, I sent my daughter for her, that I might speak to her. She refused to com. I then sent the man servant to bring her to me. Upon my reproving her for her insolence, she said she did not care, that the Magistrate could not hang her and in other respects her behaviour was dis respectful....Sentenced to 7 days in the cells


180757
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 24 May 1824
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: Samuel Bryant assigned servant to Mr. John Smith, for absenting himself from his masters premises without leave and neglect of work...John Smith states....The prisoner is constantly in the habit of absenting himself from his work and also neglecting it despite repeated remonstrances on my part. He is also frequently intoxicated and last week refused to do any work whatever. The prisoner in his defence states that it is impossible to give satisfaction to Mr. Smith and woud be glad to transfer to government service. Sentenced to hard labour in the mines for one month and to be returned to his masters service


180820
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 16 February 1824
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: John Large charged on suspicion of conniving at the stealing of a quantity of maize from Mr. John Smith....Mr. Smith stated....On my return from Sydney last weekend I was told if I examined my corn, I should find some missing. I did and discovered I had been robbed of nearly 30 bushels. I acquainted the Chief Constable of the circumstances and I have since ascertained that Large has been offering corn to different persons in the town and that he sold 4 bushels to William Clarke. William Clarke stated....I bought 4 bushels of maize from John Large last week and gave him 2/ per bushel for it in money. John Field stated...Large came to me and offered upwards of 4 bushels of maize for sale which I declined. He came afterwards and offered 3 bushels of maize for five shillings which I also declined. Isaac Elliott states large offered me 4 bushels of maize for sale for 9 shillings. It was bad and I declined it. He said he had got it for making shoes... Prisoner in his defence called Jacob Bowden who stated...I let Large have two bushels of corn last week for mending my shoes....James Kellet stated - I sold Large 4 bushels of corn last week. I got this corn from Richard Winder who is a settler man up the country...Sentence - John Large Dismissed for general improper conduct as a constable


180975
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 23 August 1824
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: 186. William Aibery in the service of Mr. J. Smith. Charged with neglect of work and refusing to obey his masters orders and for theft. Mr. Smith states....that he sent the prisoenr up the river in company with Thomas Evans to procure timber. That instead of returning in two days they were absent five and only brought back two days work with them. He further stated that he has ordered them to attend Divine service but they have refused. He also states that a few days since he detected Aibery after he had been milking with a batch of milk in his bosom. William Aibery sentenced to 50 lashes. Thomas Evans sentenced to 25 lashes


181038
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 8 October 1824
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: Henry Butler per Guildford and Thomas Jones per Grenada both in service of government charged with theft....Chief Constable James Calvert states....On Sunday afternoon the 10th inst., I was sent for by John Smith to take charge of the prisoners who he informed me had been attempting to rob his till. Mr. Smith showed me a bank note and some silver which he said had been taken out of the till and thrown by Butler into a cask in the yard as he attempted to make his escape. I searched the prisoners and found a Spanish Dollar concealed in Jones mouth. They were both intoxicated. Mr. Smith states....The prisoners were at my house and I heard someone in the shop. My wife went out and caught Butler at the till. He endeavoured to make his escape and threw some money away which was afterwards picked up. One of the dollars was picked up by Jones who put it in his mouth from where it was afterwards taken by the Chief Constable. Henry Butler and Thomas Jones both sentenced to 75 lashes and hard labour in the gaol gang until further orders


181043
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 22 October 1824
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: William Johnston assigned to John Smith charged with drunkenness, repeated misconduct and breaking out of the watch house....The Chief Constable states ....I was called up by Mr. John Smith last night to take into custody Johnston who was very drunk. I conveyed him to the watch house. He made a hole in the roof of the room where he was confined and escaped; he was shortly after retaken on the premises of Mrs. Clark, a free woman....Mr. Smith states....The prisoner was very drunk last night. I sent for a constable to have him taken into custody. He has behaved himself very improperly of late and has been frequently drunk and neglectful of his duty. Sentenced to 50 lashes and recalled to government


181137
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 22 March 1825
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: John O Neile, per Lord Sidmouth, in the service of John Smith charged with general misconduct and neglect of work. Mr. Smith states....the prisoner was formerly my stockman but was so inattentive to his duty that I was obliged to remove him from my farm to my house here. He is just as lazy now and always in a dirty condition. John O Neile ordered into government service and another servant assigned to Mr. Smith


181241
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 4 June 1825
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: William Fry per Henry sentenced to 50 lashes for absconding from the service of John Smith and taking to the bush


181625
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 23 January 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825 (Ancestry)
Details: William Perry in the service of Mr. John Smith. Charged with neglect of duty and drunkenness. The prisoner has been in my service some months and up to Christmas last has behaved well, since which, period he is in the constant habit of absenting himself from his work and getting drunk. I have repeatedly remonstrated with him and threatened him with punishment but in vain. The prisoner makes no defence. Sentenced to 50 lashes. Mr. Smith having requested the bench to take into consideration the former good conduct of the prisoner, it is ordered that the infliction of the punishment be suspended for the present but to be put into execution whenever it is proved that he has been guilty f a repetition of his offence


181684
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 10 February 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: William Payne, in the service of Mr. (Gentleman) John Smith charged with refusing to do his work. Mr. Smith states - yesterday I directed Payne to get my boat ready and to accompany me to the top of Ash Island on the way to my farm. He positively refused and alledged as an excuse the badness of the weather and there being a fresh in the river. The prisoner states - I did not wish to go, there was a fresh in the river and I did not like to stop at Ash Island until my master returned. William Payne sentenced to 7 days in gaol and to forfeit any wages due to him


181744
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 21 March 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Patrick Powers per Southworth, in government service, charged with having stolen property in his possession. John Bell, a free man states - Last Friday evening I was in Mr. Smiths tap room and laying my head on the table I fell asleep. When I awoke I missed my shoes. In the search made yesterday in barracks for the property stolen from the prisoners who came in the Liverpool, my shoes were found in the possession of the wardsman. The Wardsman of the prisoners barracks states - on Saturday afternoon the shoes found in my possession were brought to me by Powers. He desired me to take care of them. It is a common thing for the prisoners in barracks when they go out to work to entrust any spare clothing they may have to my care. The prisoner states - I found these shoes on the grass before Mr. Smiths house on Saturday morning early as I went to my work at the mines. I carried them with me and his them till my days work was over, when I returned to Barracks and gave them to the wardsman to take care of. Patrick Powers sentenced to 7 days solitary confinement


181820
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 6 May 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: William Perry in service to Mr. John Smith charged with frequent drunkenness and repeatedly absenting himself from duty. Mr. John Smith states - since my last complaint to the Bench against Perry, he has frequently given me cause of great dissatisfaction at his conduct both by absenting himself and by drunkenness. On my return yesterday from my farm, I was informed that on the preceding day he together with my stock keeper had been neglecting their duty and getting drunk the consequence of which was that my cattle had strayed away and were only found this morning. My wife tells me that Perry absolutely refused to do his work. George Smith States Perry was away from the house the whole of Thursday and I was desired by my mother to go about the town to look for him; I found him and our stock man in a house in Wellington Street. He did not do any work that day. He frequently absents himself and gets drunk. William Turvey states - I was desired by Mrs. Smith Thursday afternoon to bring Perry to her house. I did so. She asked him if he would do his work. He said he could not. He was not drunk but he had been drinking. At the request of Mrs. Smith I took him to the watch house. The prisoner in his defence states that he was unwell and unable to work and that Mr. Smith had told him he was to do no work about the house but only to slaughter the cattle. This was denied by Mr. Smith. William Perry sentenced to 50 lashes and to be returned to his master


181945
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 1 July 1826
Place: Newcastl
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Nicholas Curtis, in government service, charged with being out of quarters at unreasonable hours. Mr. John Smith states - last night about nine, I heard something stirring n my yard and on searching I found the prisoner crouching under my paling a communication had been opened between my premises and the house where the prisoner resides, by breaking down some of my paling. The prisoner admits being on Mr. Smiths premises as stated - says he went to get some water from the well in the yard. Nicholas Curtis, sentenced to 3 months work in the gaol gang


182088
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 15 September 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: James Brady, in government service, charged with theft. George Furby (Furber), adopted son of Mr. John (Gentleman) Smith, states - about two o clock in the afternoon of the day before yesterday, I was sitting in a room adjoining my father s shop and hearing a slight noise, I went quietly out and saw the prisoner in the act of stretching out his hand to take something from the shelf; I noticed something sticking out at his bosom and I made an alarm and as my father approached, I saw the prisoner take from the bosom of his shirt a piece of stuff as my father entered the shop I took the stuff out of the prisoners hand but he snatched it from me and threw it behind the counter, where it was picked up and given to the Chief constable; it is the stuff now before the court and is my father s property. I am positive I saw the prisoner take the stuff from out of the bosom of his shirt. He begged my father and me as he had not carried anything away to say nothing about it. The prisoner states in his defence - I was going in at the back door of Mr. Smith s house and saw the stuff on the ground. I picked it up and then Mr. George came and accused me of the robbery. James Brady sentenced to 2 years to a penal settlement


182113
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 2 October 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Michael Murray per ship Southworth and William Halfpenny per ship Ann and Amelia, both in government service, charged with theft at the premises of Mr. John Smith. George Furby (Furber) , adopted son of Mr. John Smith states - About 7 yesterday evening, Murray came to my father s shop followed by Halfpenny and Broadbent, the turnkey of the gaol. Murray asked me for some spirits which I refused. I was called into an adjoining room for a moment leaving them in the shop. As I was returning I saw Broadbent throw a piece of handkerchief and some stuff behind the counter. I think he must have heard me returning. He seized Murray at the same time by the collar exclaiming as I turned to tell my father what had occurred - Ive got him - I did not notice anything particular in regard to Halfpenny only his being in company with the others and their being all on the gaol establishment. Mr. John Smith states - Last night my son George gave an alarm by calling out that some men had attempted to rob the shop; I myself heard some articles fall and went into the shop immediately. I should have gone from what I had heard even if my son had not called me. I asked Broadbent if he being a constable would stand there and see me robbed - he replied he had not, that he had seized the man who had attempted it. I looked over the counter and saw the piece of handkerchief and stuff now before the court on the ground. Murray and Halfpenny are I believe wardsmen at the gaol and seeing Broadbent in their company I thought he had come with them, which however he denied, but I was afterwards informed by my son that he had come in with the two other men, which led me to suspect he was conniving at the attempt to rob me, altho upon its being detected he had seized Murray by the collar. Broadbent quitted my shop at my desire and I had the two prisoners taken into custody. John Broadbent states in exculpation of his suspicious conduct that last night the two prisoners were absent from their duty at gaol and that he was ordered by the gaoler go in search of them, particularly of Murray; that he found him at a public house intoxicated; that he ordered him (Murray) to return to the gaol but that on his way he slipt in to Smiths; that he (Broadbent) pursued him and was immediately followed by Halfpenny; that he heard Murray ask for a half pint of spirits which was refused; that Mr. Smiths son George going to another room, Murray leapt on the counter and laid hold of the articles now in court but that the moment that he Broadbent, seized him by the collar, they were dropped by Murray behind the counter. George Furby called and re-examined states - I am positive I saw Broadbent throw the piece of handkerchief and stuff behind the counter. Michael Murray being called on for his defence states - I went into Mr. Smiths in a state of intoxication and called for liquor which was refused. Mr. Smiths son leaving the shop I got on the counter and took the articles upon which Broadbent seized me by the collar, when I threw them over the counter. William Halfpenny states - I followed Broadbent into Mr. Smiths. I had no concern with Murray in the robbery. Sentence: Michael Murray two years hard labour at a penal settlement. William Halfpenny one year addition to his original sentence of transportation


182164
Surname: Smith
First Name: Gentleman John
Ship: -
Date: 23 October 1826
Place: Newcastle
Source: NSW Courts Magistrates, Newcastle Police Court: 1823-1825, 1826-1827 (Ancestry)
Details: Joseph Thompson per ship Ocean, in government service, charged with being on the premises of Mr. John Smith at an unreasonable hour and in a state of intoxication. Mr. Smith states - About one o clock on Thursday night - Friday morning last, I heard my dogs barking and suspecting that some person was on my premises, I left my bed and on searching about I found the prisoner in my back yard, lying on the ground. He appeared very much intoxicated. I miss nothing, nor did any of my property appear to have been touched. The prisoner admits being drunk, states that it rendered him insensible of what he was doing, throws himself on the mercy of the court. Joseph Thompson sentenced to 3 months in the gaol gang