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A History on the Sloan Family in Western
Australia. This is a work in progress and will be changing
regularly, however it is here so that other can read and participate
in filling in the gaps.
IMPORTANT NOTE: What appears here has not yet
been fully researched except where indicated. Errors, omissions, and
in some case there is some speculation on my part. This page should
not be used as a reference for any matter relating to the persons
mentioned. You should verify from your own sources any information
shown on this page.
Timeline of Events
1815 Daniel Sloan born County Cork Ireland
1827 Daniel Sloans future wife Eliza Cowcher is born in England
06/07/1830 Eliza Cowcher (3) arrives in the colony with her
father and family aboard the "Medina"
17/05/1840 Eliza Cowcher's father dies
1840's Daniel Sloan arrives inthe colony, How ?
26/05/1846 Daniel Sloan (31) marries Eliza Cowcher (19)
22/03/1847 Daniel (32) & Eliza (20) have 1st child "James Daniel"
26/10/1847 Sloan issues rowing challenge with George Hodges (PG
26/10/1847)
10/07/1849 Sloan involved in some sort of rescue mission to
Rottnest
28/08/1849 Sloan sigs up as Chief headsman for D Scott's whaling
party along with George Hodges.
14/02/1849 Daniel & Eliza have 2nd child a daughter "Eliza
Francis"
27/08/1851 Daniel & Eliza have 3rd child a son "George Samuel"
1/1854 Reported that sperm whales were ‘literally swarming’ on
the coast adjacent to the harbour in Port Gregory
2-3/1854 Sanford and ? setup up whaling station at PG, poor
season, only one way taken. Partnership dissolved
1854
1855 Sanford goes it alone and has better season catching
1856 Sanford sets up partnership with Harwood who was already
operating whaling parties at Fremantle and other places
1857
17/2/1858 Judge McFarland arrives in the colony.
1858 Charlie Fancoat was awarded his Ticket of Leave under J.J.
Harwood of Fremantle to work in the whale industry. Did he work for
Harwood at PG in 1859. He did not return from PG with Sloan on the "Trois
Amis" in 1860. Was he one of the crew members in the incident with
the American whaling ship in December 1859
1858 Building and equipment at the Port Gregory Whaling station
is destroyed in a fire. Does Harwood own the Station yet?
12/1858 Harwood involved with altercation with American whaling
ship off Fremanle resulting in Harwood taking legal action. Was
Slaon the Headsman on that boat?
1/1859 ? Judge McFarland hands down unfavourable verdict to
Harwood.
23/2/1859 Harwood writes to "The Enqirer" complaining about the
judgement given by Judge McFarland Esq concerning a charge of
interference by an American whaling ship at Fremantle the previous
year? Was Sloan the headsman on that boat. Harwood's relationship
with the judge is very acrimonius with the judge threatening
contempt of court charges.
2/1859 The Enquirer runs a highly critical editorial on the
judgement of McFarland and his subsequent threats to Harwood.
5/1859 ?? Whaling season at PG opens. Sloan is the Headsman for
Harwood at PG. Did his wife and children accompany him to PG? It
appears so.
1859 Whaling season at PG closes, Sloan and family? remain at PG
as caretakers for Harwood's Station, being paid 1 pound a week, and
given permission to draw on the remaining stores. How was this
communicated to Sloan if he was already at the station? How many
whales were taken that year.? Was the burnt out trywork building
re-built. The carpenter Eddy Back appears to have been in PG duing
the off season. He was employed by Harwood, but did work for Von
Bibra who had a store in PG
1860 Mail Services commence to Port Gregory
3/5/1860 Chad Wilson (Cook) arrives Port Gregory on the "Mystery"
It is not clear whether 2 ships arrived, but one is certainly the
“Mystery” which also had provsions (which were unloaded.) and the
whaling crew. How big was the whaling party? When the fishery was
wound up later that year only one whaleboat was returned to
Fremantle aboard the "Trois Amiss," therefore it may be assumed only
one crew was resident for Harwod during the season. There is no
evidence to suggest any of Harwood's whaleboats were lost during the
180 season, if there were more whaleboats then they would have to
have been left at PG, or offloaded at Champion Bay on the return
passage.
4/5/1860 Sloan told Chad Wilson the day after the supplies
arrival to fill bag of flour and sold to Mr Ware of Geraldine mine
(Harwood’s complaint) Why did he do this? Was Ware desperate for
food? Had Sloan previously sold flour to Ware during the off season?
Sloan had permission to draw flour during the off season for his
(and his families) use
30/6/1860 Whale taken at PG and processed (Wilson)
15/09/1860 The Fishery closes and they return to Fremantle
20/09/1860 The "Trois Amis" arrives in Fremantle
23/9/1860 Sloan Charged in Magistrate Court
26/9/1860 I&CN reports 3 ton humpback caughht by Bateman's party
at Fremantle, Sunday last. The continued ill success of whalers
throughout the colony rendes even this small capture welcome. The
oil, that article being now very scarce was bought immediately at a
high rate.
8/10/1860 Convicted in the Perth Magistrates Court
10/10/1860 Article in the Enquirer gave a brief description of
the case, along with one other promising a detailed report on both
cases the following week.
13/101860 Sloan entered Fremantle Prison
17/10/1860 Report and trranscript of the case appears in "The
Enquirer"
1860 Harwood ceases all whaling operations
1861 Sloan's wife dies.
31/081861 First Application for Remission Refused
8/1/1861 Second application for remission from Wellard –
accepted. What was the relationship between Wellard and Sloan. Was
it through the Cowcher connection. Insert ages of all surviving
children here. Eldest James daniel (14), Eliza Francis (12). All of
Sloan's remaining children must have been looked after by their
maternal grandmother who was now 74 years of age.
1861 Sloan disappears
1867 Sloan's eldest daughter "Eliza Francis" marries Charles
Salter. She would have been 18 years of age
1876 Eliza Cowcher's mother dies
21/121876 Daniel Sloans eldest son James Daniel marries Margaret
Platt. He would have been 29 years of age.
1884 JJ Harwood and Sons built a classic-style building at the
corner of Marine Terrace and Mouat Street, known locally as the "old
courthouse.The building was designed by Captain R E Wray in 1884.
Value of Goods in Question
As quoted in The Inquirer and Commercial News Wednesday 19/9/1860
the day before the Trois Amis arrived in Perth
Flour per 200lb Bag (local) 2.8.0
Flour per ton (local) 23.0.0
Flour per 200lb Bag (local seconds) 2.6.0
Flour per ton (local seconds) 22.0.0
Soap, per lb 0.0.6
Beef, per lb 0.0.6
Beef - prime, per lb 0.0.7
Mutton, per lb 0.0.6
Whale Oil, per gallon 0.4.6
Manilla Rope, per lb 0.1.0
European Rope, per lb 0.1.3
The Key Players
Joshua Josiah Harwood
Chad Wilson
Back, Edward G
A E. G Back was on the “Trois Amis” when it
arrived in Fremantle on September 20th. Erickson. Erickson
records a Edward George Back who was born in 1817, arriving in 1934,
who was the acting harbourmaster in Fremantle in 1842, and 1844, and
was the pilot in 1846, but was suspended for some reason in 1849,
but later re-instated. He then became the pilot at Rottnest. It was
around this time that Daniel Sloan was involved in some sort of
rescue in a whale boat at Rottnest, so it is possible that this Back
knew or at least knew off Daniel Sloan.
It is not possible to tell whether this Back or
his son was at Port Gregory on 1860.
Back, George Edward
He is recorded as having a son born in the colony
on 23 rd February 1839 who became a policeman at York in 1869, and
it is highly likely this was the Back that went to Port Gregory, him
then being 20 years of age working for Harwood as a carpenter. There
is only one other Back being recorded in the colony at the time is
Thomas Henry who is also the son of Edward G, who was born in 1844,
so he would have only been 16 at the time of the alleged offences,
and certainly not be employed as a carpenter.
Brakes, Samuel
Born 5/11/1815, Arrived June 1850. In 1854 was
described as a labourer, mariner, and then in 1856 the registered
owner of the "Perseverance" 26 tons. Semi Literate.
Crowther, Charles
Manager of George Shenton’s Store in Geraldton.
He purchased it in 1867 when Shenton drowned off Geraldton
Fancoat, Charlie
Reports from records at Dunfermline Prison, Millbank (1605) and
Pentoville (4665) show Charlie, in all the prisons, to have been of
good character and conduct. He finally left the port of Portsmouth
on 2nd May 1854 on board the "Ramillies" and arrived in Western
Australia on 7th August 1854 after a journey of 79 days. 280 other
convicts were onboard. At Fremantle prison, Charlie was assigned the
number 3104. HeCharlie Fancoat was awarded his
Ticket of Leave in 1858 under J.J. Harwood of Fremantle to work in
the whale industry. Was he part of the crew that Sloan worked with.
Charlie's Conditional Pardon was granted in 1862. He then made
his way out to Kelmscott where he worked with Mr Buckingham and
became a pit sawyer in the district. Eventually he employed six
other Ticket of Leave convicts from Fremantle.
http://www.brandis.com.au/readers/colleen001.html
Captain George Green
Recorded as being a builder, brick maker, and layer in the 1830’s
and 1840’s. He is reported as owning town lots G1 & G2 in Perth, and
set up a new steam mill in William Street in 1864. He was the owner
and at times the Captain of the schooner “Les Trois Amis” (44 tons)
in 1858. He is also recorded as owning four other
schooners.(Erickson).
He is described as a “mariner” in 1860 and
obviously was making regular passages up and down the coast
including several voyages to Champion Bay and Port Gregory.
He also qualified as a juror in 1860 with a 1500
pounds personal estate. Was he a member of the jury?
The Perth Enquirer records him and the “Trois
Amis” being involved in an incident at Port Gregory when a number of
convicts had escaped, where he assisted in their recapture despite
being fired upon. See page 331 Erickson, also Perth Inquirer
Wednesday March 2nd 1859 where is was reported that the Trois Amis
had arrived form Shark Bay the previous afternoon, bringing four out
of five of the runaway prisoners, Lacy, one of them having died, it
is said by the survivors, of dysentry before the “Trois Amis” came
up to them. Mr Clifton’s boat was lost. Irt struck against the
“Trois Amis” and was so injured as to be useless. In consequence of
the loss of the boat there was some difficulty in securing the
runaways, they having pushed in to shallow water where they could
not be followed. They were eventually starved into submission. They
fired in to the “Preston,” and the police on board the “Trois
Amis”fired at them, but no damage was done on either side. The men
are now in the Establishment, and will be tried for being illegally
at large with arms and company, in this colony, and for this class,
a capital offence.
The convicts spent some time on their escape run
at Port Gregory, but also fleed there.
Hicks, Robert
Qualified as a juror in 1860 with 150 pound
personal estate. lived in Suffolk St. Was a policeman in Fremantle,
also hotel keeoper and farmer in 1840's.
Hill, John
Hill is recorded in the Government Gazette as
being a “hand in the 1956 to 1858 whaling seasons, working for J
Bateman, who had been in partnership with Harwood at Fremantle, Port
Gregory and Castle Rock. Harwood did not record any staff as having
been registered in the 1959 or 1960 whaling seasons with the
exception of himself as “owner” for the 1860 season at Port Gregory,
and so there is no official record of all members of the whaling
party owned by Harwood at PG. Erickson records a John Hill born 1821
with occupation as a policeman arriving in 1857, also a James Hill
b1820, arr on the Berkshire on 13/3/1855 with his wife, and
described as a labourer. He could be the John Hil being considered.
HILL, John Convict No
1233 Ship Name
Marion
Ship Arrival Date 30 Jan 1852 Birth Date 1832
Marital Status Unmarried Occupation labourer Sentence
Date 1 Feb 1848 Sentence Place Clerkenwell Sentence
Province Middlesex Sentence Country England Court
1 Feb 1848 Length of Sentence 10yrs Crime larceny from
the person Ticket of Leave Date 31 Jan 1852 Expiree
Nov 1858
This could have been the Hill in question. He was granted a
Ticket of Leave in Jan 1852 one day after he arrived, and could
easily have participated in the seasons described in the Govt
Gazette, and later in Harwoods party at PG for the 1859 & 1860
seasons.
HILL, John Convict No
4224 Ship Name
Runnymede
Ship Arrival Date 7 Sep 1856 Birth Date 1823
Deceased 10 Aug 1885 Place of Death Guildford Marital
Status Unmarried Occupation hawker Literacy lit
Religion Prot Sentence Date 1855 Sentence Place
Taunton Sentence Province Somerset Sentence Country
England Length of Sentence 14yrs Crime receiving
stolen goods Ticket of Leave Date 21 Feb 1859 Known Areas
Perth, Champion Bay
This could also be the Hill in question, however
he didn't arrive until 7th September 1856 which is very late in the
whaling season, and did not get a ticket of leae until 21st Feb
1859, which would still not have precluded him from participating in
the 1859 and 1860 whaling seasons at PG, however this is
inconsistent with the information recorded in the Govt Gazette as a
John Hill was recorded as a whaling hand in the 1856 to 1858 whaling
seasons unless of course there were two John Hills in the colony
which is not unlikely
Hodges, George Bell (Jr.)
Born 1822, died 29/5/1854. Arrived on the
"Sulphur" June 1829. left the colony in 19/2/1845 on board the "Emma
Sherrat" and returned in 1846. He married in May 1846 to Mary
Withnall and had two children. Erickson reorts he was in a whaling
team at Fremantle in 1847. (25 years of age)
Howell, Nathan
The Defence Counsel,
Sloan was represented in the court by a Mr
Howell. Erickson lists a Nathan Howell born in 1832 the son of a
Thomas Howell, a merchant of London arriving in the colony on the
“Travancore” on the 13th January 1853 at 21 years of age. He married
on the 21st April 1859 for the first time in the colony to a widow,
Fanny Brown, the daughter of Henry and Mary Gilbert arriving in the
colony on the “Simon Taylor in 1842 nee Gilbert,.Their first child,
Thomas John was born in 1860.
At the time of the court case he would have been
just 28, and a resident of the colony for 7 years. There were
certainly no universities in the colony at the time and the first
school that was any substance didn’t start until 1858 (Hale), so it
must be assumed he did some legal training in England before he
arrived, although this must have been pretty limited. Perhaps he was
an article clerk.
Erickson records that Howell was called to the
Bar at the St Georges Terrace and No. 1 Town Hall Chambers on the
18th June 1861 some 8 months after the Sloan Court case, and
practised as a barrister and solicitor from that time until the
1870’s when he appeared to move to York for a year. He is recorded
as being a member of “Oddfellows in 1861, and Good Templars Lodge 5
in 1874.
One would have to wonder whether Sloan was
adequately represented in the court.
McFarland, Alfred
The Presiding judge, Commissioner of the Civil Court, .
Alfred McFarland arrived in Fremantle on the ship the “Spartan”
on the 17th February 1858 with his wife Janetta Jeffreys who was
born in Dublin along with some servants. They had a son in 1858
(Alfred William Jeffreys) presumabley conceived in the colony, and a
daughter Jane Agnes born in 1860. They settled at Strawberry Hill,
and he became the Judge of WA .
He became very controversial following his threat to charge J J
Harwood with contempt of court following his decision to not award
damages to Harwood over the case of alleged interference to his
whaling by an American whaling crew at Fremantle. See later chapter.
Harwood wrote to the Perth Inquirer with a very long letter, and the
Inquirer also did an editorial on the issue calling for the governor
to sack him. Erickson reports that he resigned in February 1861 and
then went to Sydney and practised as a barrister there.
Scott & Gale, William
Owners of a store in Geraldton that some of the
supplies were sold to. Was the Collector of Customs 1st Clerk at
Fremantle from 1854 to 1857, also a Shipping master. Was a member of
the Geraldton Agricultural Society in 1863 so must have had
agricultural interests of some description in the Geraldton area.
Scott, Andrew
Arrived in 1847 as policeman, and later was
granted land at today (10 acres) and 40 acres Geraldine Mining
Company - Upper Urwin.
Scott, Daniel Henry
1850's Director of Geraldine Mining Company. Son
of Captain Daniel Scott
Scott, Daniel (Captain)
In 1850's promoted business in Geraldton. He
formed the Geraldine Smelting and Mining Company in 18?4. Confusing
date here Ericcson says 1864, however the mine started much earlier
than that. He arrived on the "Calista " in 1829, and was harbour
master from 1829 to 1851 when he resigned.
SEED, Francis F
Convict No 4026 Ship Name
Runnymede
Ship Arrival Date 7 Sep 1856 Birth Date 1832
Deceased 12 Dec 1860 Place of Death Vasse, consumption
Marital Status Mar 1 chd Occupation attorney's clerk
Literacy lit Religion Prot Sentence Date 1854
Sentence Place Lancaster Sentence Province Lancashire
Sentence Country England Length of Sentence 15yrs
Crime forging money order Ticket of Leave Date 23 Oct
1858
Shenton, Arthur
Proprietor of the Perth Gazette, Director of the
Geraldine mine, Cousin of George. Became a Juror in 1860 with assets
of 1500 pounds. Was he on the jury in the Sloan case
Shenton, George
Owned stores including store in Geraldton managed
by Charles Crowther.He also owned the Geraldine mine in 1848 until
it was nearly closed in 1860. Also owned the White Hills mine near
Northhampton. He drowned off Geraldton in 1867.
Shenton, Arthur
Arrived in the colony aboard the "Trusty"
30/5/1841. He was the Government Printer in the 1840's, and later
became a bookseller and stationer. In 1856 was a director of the
Geraldine mine, and newspaper proprieter being the owner of the
"Perth Gazette" which was the competing paper to the "Inquirer" He
qualified as a juror in 1860 with 1500 pounds personal estate. Was
he one of the jury in Sloan's case.
Shenton, George
A chemist in Perth and became a merchant, farmer,
and owner of a copper mine at Northhampton. He is also recorded as
the owner of the "Geraldine" mine in 1849, in after 1866 as a
director of the Geraldine mine. He obviously also owned a store in
Geraldton where Sloan sold some supplies.
Von Bibro, Charles
In 1840 desribed as a saddler and trader. In 1854
was associated with the "Royal Commercial" and the "Agricultural
Hotel" in St Georges Terrace, and in 1853 had large leasholds at the
Blackwood River and at Port Gregory. He was the Postmaster at Port
Gregory in 1856. He also had 10,000 acres of leashold land in the
Murchison, probably between Port Gregory and the Geraldine mine as
there is now road in this area named after him. (Erickson pp861).o
had horses entered into races the same week. See "inquirer" 2/3/1859
Also had racehorses particularly a bay gelding
named "Warlock" which was` entered into a number of races on the
week beginning 2/3/1859. Harwood als
It is apparent that Von Bibro had some sort of a
store at PG based upon evidence given by Wilson. This is consitent
with him being the postmaster. His brother Francis Lewis Von Bibro
owned Dirk Hartog and Tamala stations to the North of PG.
Ware
Worked at the Geraldine mine as a storeman. The
mine was owned by Shenton.
Any of the Wilsons below could have been the
Wilson that was the key witness in the Sloan case. Note Sloan in his
court appearance states that the were entries in the fprm of a
memorandum in the ration book were in the in the handwriting of the
former cook at the end of 1859 so the Wilson we are interested was
not at PG prior to 1860, at least not in the Harwood party.
WILSON, Charles
Convict No 370 Ship Name
Mermaid
Ship Arrival Date 7 May 1851 Birth Date 1832
Marital Status Unmarried Occupation brickmaker
Sentence Date 1849 Sentence Place London Sentence
Province London Sentence Country England Court
Cent Crim Ct Length of Sentence 7yrs Crime larceny
Previous Conviction prev conv Ticket of Leave Date 11 Oct
1851 Expiree 25 Feb 1856
WILSON, Charles
Convict No 4523 Ship Name
Nile
Ship Arrival Date 1 Jan 1858 Birth Date 1818
Deceased 3 May 1886 Place of Death Mt Eliza Marital
Status Mar Occupation labourer Literacy lit
Religion Prot Sentence Place or London Sentence
Province Sebastapol or London Court Gen Cts Martial or
Cent Crim Ct Length of Sentence 14yrs Crime or
manslaughter Ticket of Leave Date 26 Mar1859 Known Areas
Perth
WILSON, Charles
Convict No 5539 Ship Name
Sultana
Ship Arrival Date 19 Aug 1859 Birth Date 1832
Marital Status Unmarried Occupation hairdresser
Literacy lit Religion Prot Sentence Date 1857
Sentence Province Durham Sentence Country England
Length of Sentence 4yrs Crime stealing from the person
Ticket of Leave Date 16 Feb 1860 Known Areas Perth
http://www.museum.wa.gov.au/collections/maritime/march/documents/No.214PortGregory.pdf
Whaling (1854–75)
The Port Gregory whaling industry was established by the efforts
of Captain W. A. Sanford who was already managing farming and
grazing in the area (McIlroy, 1987: 82).
In January 1854, it was reported that sperm whales were
‘literally swarming’ on the coast adjacent to
the harbour. Several months later,
Captain Sanford, who owned nearby Lynton
Station, announced that he
was forming a whaling party in partnership with
Fremantle businessman David
Ronayne.
The party suffered difficulties and only one humpback was caught
in that first year, resulting in the dissolving of the partnership.
Sanford still hoped to attract one of the major whaling parties up
to the port. The following year, he persisted by himself and despite
losing two whaleboats, he obtained 16 casks of oil valued at £800
(McIlroy, 1987: 82).
With the 1855 season proving more profitable, the following year
saw Sanford partnered by Joshua Harwood of Fremantle with a three
boat, 22-man fishery.
Harwood maintained a party at Port Gregory until 1860, after
which he ceased all of his whaling operations.
In 1857, John Bateman had also established a port, which he
continued to use until as late as 1875. From the early 1860s,
Bateman kept his party at Port Gregory only from June to September,
after which he would move them southward to Bunbury or Castle Rock
for the later season (Gibbs, 1995: 37).
Difficulties and setbacks
By 1854, Port Gregory was a hive of activity although not the
happiest of places.
Work on the hiring station was slow and the site chosen for the
station was hot and airless. Fresh water and vegetables were hard to
come by and men began to suffer from scurvy.
Complaints began to emerge about the bad road from the mine and
lack of water in summer. There were also problems with the causeway
between Lynton and Port Gregory. Furthermore, people felt deprived
of religious services, mail services (which did not commence until
1860) and general health problems.
It was also noted that the port was not as safe as first thought.
Setbacks such as the loss of ships and cargo (the American whaler
Iris
was stranded for 6 months between
July 1855 and January 1856) affected shipping activity.
The pensioner guards made the best of the penurious and harsh
conditions, as they could supplement their income to support their
families by collecting salt from the Hutt Lagoon.
Letters from Captain Sanford in 1854 in regard to the whaling
station discuss the want of provisions (flour), carelessness on
behalf of his men who lost three boats, abusiveness and theft of rum
from the stores, a drunken riot between whalers and a series of
north-west gales hampering activities and destroying equipment (e.g.
Lynton to Ayshford, 5 July 1954; Lynton to Ayshford, 15 Sept.
1854).
Harwood’s crew is known to have lived in Sanford’s storehouse,
built on lot number one of the proposed Pakington townsite. Bateman
would probably have also been required to lease land within the
Pakington townsite subdivisions, although no record of this has been
found.
No historical records pinpoint the location of either Harwood’s
or Bateman’s processing areas or try-works, although, as mentioned
at the beginning, there are several allusions in contemporary
resources that the station(s) were opposite Gold Digger Passage
(e.g. The Inquirer
29 June 1859).
The only reference directly relating to a processing plant is a
an 1858 report which states that the try works building and a
considerable quantity of whaling gear had been completely destroyed
after catching fire from the try-works furnace ( The
Perth Gazette 13 Aug.
1858, The Inquirer
18 Aug.1859).
As Bateman had not formed a Port Gregory party during that
season, this could only have been Harwood’s plant (Gibbs, 1995:
376).
The Breaking up of the Fishery
The Inquirer in it edition of the 24th September 1860 in the
Shipping Intelligence column reported the Schooner Les Trois Amis
(44 tons) with Captain Green as master arriving in Fremantle on the
20th of September from Champion Bay and Port Gregory.
On board were passengers E. G. Back, D Sloan, wife and family, A
Peres, Russel, Allen, Chaise, Sinclair, Francis, Wilson, McKibbly,
Rusworth, Ellier, Lynch, and 9 native prisoners.
The following cargo was also listed. 134 bags wheat, 41 bags of
flour, 36 bags of barley, 16 trusses of hay, 6 hides, 2 casks of
oil, 4 casks of fat, 2 bags of salt, 1 whale boat, 7 casks of
butter, and 2 cases of sundries.
It is reasonable to assume that most of the passengers were from
the Harwood whaling party at Pakington, and certainly Back, and
Wilson were. Further research needs to be conducted on the status of
these passengers, particularly to see if any were Ticket of Leave
men in the employ of Harwood.
It does confirm that Sloan had his wife and family of 6? children
with him at Pakington at least at the end of the season. This would
have of course included his youngest daughter “E??) who was only
born the year before in Fremantle (AG Births & Deaths Register).
Also of note of course is 2 casks of oil, presumably whale oil?
Or could it have been the shark oil that was refered to in the
criminal proceedings.
It is obvious Harwood and his book keeper would have been
disappointed at such little return for his investment in whaling for
the season, as it only appears that one whale was taken, approx 4
miles offshore, which sank and was abandoned, however it did wash up
2 days later at Port Gregory. Sloan claims the carcase was mauled by
sharks, and according to the law of the day if the headman abandons
a whale it then can be claimed by others. This is apparently what
happened in this case and the men from the whaling station all
helped themselves.
Sloan was obviously in a quandary with this situation as it
appears he subsequently told the cook Wilson that oil taken by him
was in fact Harwood’s oil.
Three days later (23 November) a number of statements are taken
from members of the whaling party (Wilson etc), Harwood, and
Harwood's bookkeeper F. F. Seed, presumably by the police or a crown
prosecutor, and on the 25th November these staements are read before
2 justices, and Sloan is charged with embezzellment and he pleads
not guilty saying "I deny any thefts."
I guess the outcome of that hearing was that Sloan would have
been held in custody at the old Perth Gaol in Beaufort Street
The Court case.
The case was heard in a court of Quarter Session
in the old Gaol adjacent to Barrack Street Before His Honour A.
McFarland, Escq., and a Bench of Magistrates.
It is interesting to note that a “Bench of
Magistrates” were present. What role did these people play in the
court case. There is a lot of references at the time to people
qualifying as a “juror” and a monetary of real estate was always
quoted with this qualification. Harwood for instance is recorded1 as
having qualified as a juror in 1860 with £1,000 of real estate
MONDAY, OCTOBER 8th 1860.
Daniel Sloane, charged with stealing or taking
away certain articles the property of his master, Joshua Harwood, at
Port Gregory.
Joshua J. Harwood, Builder, at Fremantle was the
first to give evidence for the prosection.
He stated that Sloan was employed by him as a
servant, meaning in modern terms he was engaged under a “contract of
service” and was in charge of the whaling station at Port Gregory,
with the surplus stores, at the close of last year.
His wages were £1 per week and his duties were to
protect the property and stores at the whaling station owned by
Harwood at Port Gregory. Port Gregory was also known as Parkington.
This raises an interesting question. What were the other terms and
conditions of his employment contract? Was he allowed to engage in
other activity such as collecting salt from the nearby lakes as an
income supplement which most of the other residents of Port Gregory
did.
The normal practise for whaling crews at the time
was to be payed by a share of the catch known as a “tor.” This was
negotiated before the season commenced. So it could be assumed that
his employment conditions could have changed at the commencement of
the season when all the other crew arrived on the Mystery. Did the
£1 per week continue during the whaling season, particularly as
Sloan was the headsman to the party and therefore a contractor not a
employee (servant).
During his evidence Harwood claimed he never gave
Sloan permission to sell. The property chiefly consisted of flour
(six bag's and 1 hogshead), potatoes, whaleline and rope, and casks
— about 50 tons.
Harwood said Sloan had a list of the articles
left over at the end of the previous season, and also of goods
shipped in May, 1860, consisting of provisions for the 1860 whaling
season.
Under cross-examination by what appears to be a
Sloans lawyer, Mr Nathan Howell, Harwood said he never gave him
(Sloan) any authority to exchange, sell, or borrow stating that the
fishery was too well supplied to justify any borrowing.
Harwood claimed he was not aware that Sloan did
borrow, and Sloan never told him that he had done so until he was
before the committing magistrates the previous week and 3 days after
they arrived back in Fremantle.
What is not stated is that Harwood was probably
very disappointed that the money he had spent is setting up the
whaling party at Port Gregory for the season was a complete loss, as
well as the loss of the left over rations from the previous season.
The couple of barrels of oil that was delivered indicated that at
least one whale had been caught by some of the party, and there had
been little to show for it.
He had paid Sloan probably 8 months salary, end
September 1859 through until May 1860, some 35 pounds, not an
inconsiderable some in those days, plus probably 150 pounds in
stores, for a return of less than 2 barrels valued at less 4/6 a
gallon, and the only reason he got that was because Sloan had said
to the cook Wilson that it was Harwood’s oil, probably meaning it
was to be used in the kitchen and for bartering for other goods and
services. In Parkington.
Did Sloan’s salary continue during the whaling
season. Probably not, he would have reverted to a “torr” (Contract
for Service as a Headsman), and thus Sloan like the rest of the
party would have had no income for their 4 ½ months work, only
having their keep while at the station. Slaon with his 5 children
would have had expenses and would have needed to purchase supplies
to support his wife and family during this period, supplies that
other members of the whaling party would not have had great need
for. (Soap?).
In any case if Harwood had continued to pay Sloan
the 1 pound a week for the duration of the 1860 whaling season at
Port Gregory Sloan would have earnt an additional 16 pounds salary.
As Sloan was also the headsman of the party, how
were the other members of the party renumerated. Clearly the season
was a dead loss to all concerned, and probably strong feelings of
resentment arose between members at the loss of their only chance of
income for the season when the whale sank, but then subsequently
washed ashore and little could be slavaged. If the whale was typical
size it would have weighed well in excess of 10 tonne and it would
have been impossible to move the carcass back to the shore try works
with the little labour and machinery available to the crew..
When it did wash ashore where was it in relation
the shore try works, which incidentally burnt down the year before?
One of the hands reported that the whale was abandoned 4 miles of
shore. It is highly unlikely that it would have conveniently washed
up at the whaling station ready for processing.
How could the party have properly processed the
whale even if it had remained the property of Harwood. It is almost
certain the whale would have been mauled by sharks during the 2 days
it took to wash ashore. This would have further added to the
difficulty of stripping the blubber, particularly with ready access
to the shore based winching gear that was necessary to properly
process a whale of the target size.
The court case would then have been an
interesting aruement if Sloan was engaged under the normal
arrangements for whale crews at the time, which was on the basis of
a profit sharing arrangement. Clearly a contract OF service, not a
contract for services which then has an employer, employee
relationship, and thus a charge, of Stealing as a Servant could be
laid.
It appears that Magistrate Mc XX was aware of
this in his deliberations. It then become critical of why he was
convicted of embezzling the sheep, so the relationship and evidence
surrounding that transaction become absolutely vital.
Harwood said he was missing a number of casks and
that Sloane did not send him any salt in casks. He said he didn’t
know whether Sloane had sold a quantity of salt to Brakes. Or
whether the handwriting on a receipt for salt that was produced was
Brakes’s, or whether the signature on it was Brakes’s.
Further research needs to be conducted on Brakes.
There is some suspicion that this in fact might be a ship that
called at Port Gregory, and took on board the salt in the casks, and
was intending to return with them empty, however the fishery broke
up before its return.
This raises further questions. Why did Sloan
produce a receipt for salt that didn’t get to Fremantle. Did Sloan
collect the salt while he was caretaking the station in the off
season and store it in Harwood’s casks. If so whose salt was it?
There is no dispute the casks would have belonged to Harwood, but
had Sloan actually intended to steal them, or was he just using them
temporarily, expecting their return
The statement and evidence given by Charles
Wilson seems to be the main body of evidence before the court.
He was employed as cook for Mr Harwood's station,
in May and went to Port Gregory in the 'Mystery" with the rest of
the crew. There was on board a quantity of rations, consisting of
flour, meat, tea, sugar and rice. The provisions were all delivered
to Sloane upon arrival at Port Gregory, and were put into Mr
Harwoods store. Weighed 200 lbs of flour, which prisoner told him
was to go to Mr Ware's. It was sent away and was not brought back.
Was constantly at the station, and it could not be returned without
his knowledge. Some time after, Sloane told him to weigh out 20 lbs
of beef for Ware, and that Captain Hicks would replace it. Ware took
the beef, and 21 lbs of mutton came in its place. Tho mutton was
given to Ware by Sloane's orders. Ware had nothing to do with the
whaling station. There was a great quantity of salt sent away.
Brakes took a great quantity, and some came to Fremantle in the same
vessel with witness. Part was in the fishery, and some in a store
belonging to Mr C. Von Bibra. Some of the salt was in bags and some
in casks. Does not know whose property it was. It was taken from the
Fishery, prisoner being chief headsman at the time. The casks were
new. Does not know whether any of the casks brought by them were
sent away. Recollects a whale being caught by Harwood's party. Took
several pieces of blubber and tried them out for the use of the
kitchen, and put the oil in a small keg.
Sloane told him that the oil was the property of
Mr Harwood, and that witness was not to dispose of it
Brought 5 gallons of this oil to Mr Harwood.
There was a good deal of oil tried out. Saw some of it put into
cans. Four gallons were sent to Mr C. Von Bibra. Plenty of oil was
put into small kegs, but could not say where it went to.
Believes some of it was sold, but docs not know
it for a fact. Sloane told witness there was 25s for him if he would
sell the 5 gallons in his possession. That oil was Mr Harwood's oil.
Some oil was put into cans by the direction of Sloane, and given to
Mrs Martin. It was carried away in a cart.
Wilson returned to Fremantle via Champion Bay
(Geraldton) in Green's vessel Trois Amis with the rest of the
whaling party arriving in Fremantle on September 20th 1860 He said
there was some oil on board; some in pork casks and kegs. Some
belonged to Sloane; it that came from the Fishery. The oil was taken
ashore at Champion Bay and did not come back and he believed it was
sold, part to Scott & Gale, and part to W Crowther.
The Inquirer reports in its Shipping Intelligence
column reported that amongst other things there was two casks of
oils, and two casks of fat.
Kept a book by Sloane’s orders, for the purpose
of putting down his (Sloan’s) rations.
Half a leaf had been torn out of that book since
he delivered it to Sloane's wife. There was something written in the
part torn out. Never saw the book afterwards, until at the Police
Court.
Has booked 700lbs flour. 200Ibs of flour was sent
away by Sloane's order, and was booked to him and charged to him.
Never booked the 21lbs of mutton. Only kept an account of the
rations of Sloane.
Was never told to enter the mutton.
Did not make any entries of salt delivered. He
was not told to so. Nor an entry of the casks sent away. He had
nothing to do with them, nor the oil, nor the bags. They were never
in his charge.
By Mr Howell – Can’t say what was on the paper
torn from the book. Sloane was entitled to draw rations, and they
were charged to him. Upon delivery they became his own property. The
200lbs of flour was charged to him. Had nothing to do with the oil.
The four gallons sent to Mr Bibra was whale oil. There was no shark
oil. The oil belonged to different men.
Brakes took away perhaps 7 or 8 tons of salt.
Does not know whether it was sold to Brakes.
Ware kept the stores of the Geraldine Mine. Does
not know whether they were hard up for provisions at the Geraldine
Mine at the time.
Had a bag of flour from Mr Bibra for the fishery.
Run short of meat once or twice. Sometimes had to send to Champion
Bay for meat, and afterwards to Mr C. Von Bibra.
Re-examined – there were no provisions in store
when they arrived in May.
By the Court. – Ware took the beef and the mutton
in a bag. The mutton came in the “Preston” from Champion Bay. It was
delivered to witness for the use of the men.
Edward Back, carpenter in Harwood’s employ, -went
to Port Gregory last June, and was present at the breaking up of the
Fishery. Sloane was in charge.
There was one barrel of flour lying outside the
house. Was working at Mr Bibra’s on account of Mr Harwood.
Mr Bibra requested witness to ask Sloane to let
him have some line. Asked Sloane for it at the fishery, who gave him
9 ½ fathoms of line. Mr Bibra told witness to say that he would
settle for it, and Sloane said he would have to put it down.
Recollects that a whale was caught and sunk.
Cross examined – Sloane said he would have to put
down the line. Never carried any other message from Mr Bibra to
Sloane.
F. F. Seed, Book-keeper to Mr Harwood
Sloane on arrival at Fremantle, handed over the
three books produced; first, a log book in which everything relating
to the fishery was supposed to be entered. There is an entry about a
whale in the handwriting of prisoner, (an extract from the log book
was read, from which it appeared that a whale was killed on the 30th
July, that it sunk, and that subsequently it was found on the beach
on the 2nd August, completely eaten up by sharks).
Witness asked Sloane whether he was sure that the
entry was correct. He said yes. That the whale was completely eaten
up, and that he was quite sure they had not saved “a sup” of oil.
Asked Sloane why they had not tried to save
something. He said it was not worth while. He also said that no
other person had tried out any oil from that whale.
In the second book, Sloane ought to have entered
everything that came to or left the fishery. Had not done so; said
he was no scholar, and it was the cook’s book and he handed it to
the cook.
In the third or ration book, there was no entry
of oil sold. Asked what had become of the rations last year. There
was no entry of the 21lbs of mutton, whale line, salt, bags, or
casks.
Prisoner said nothing was omitted except two
pairs of trousers and a blanket which he had drawn from Mr Shenton’s
store. Interestingly Erickson reports that Charles Crowther who Back
claimed purchased oil from Sloan in Champion Bay on the return
journey to Fremantle was the manager of Shenton’s store in
Geraldton. Shenton also owned the Geraldine Mine, and also the
nearby White Hills mine. Perhaps the sale of the oil to Crowther was
simply to pay back debts incurred from the drawing of stores from
the store during the preceeding six months.
It would appear that Sloan sold enough to pay the
debts, with some left over to pay for some grog.
Wilson in his statement says, .”Sloan was drunk
at this time, and we had nothing to eat. I applied to W Crowther for
some rations who informed me that Sloan’s wife had drank the
________ and that he could not give me anything.”
Crowther later went on to purchase Shenton’s
Geraldton store when he drowned off Geraldton in 1867.
During the whaling season Sloan also did deals
with Mr Ware who looked after the stores at the Geraldine mine. The
Inquirer reports also in 1860 that the Geraldine mine was in the
throws of closing down and Shenton (the owner) may not have been
particularly forthcoming in stocking up the mine stores..
One is certainly left to wonder if all the
transactions were simply bartering for essential goods and services
needed by while he was caretaking the station during the off season,
and also during the season..
There was a piece torn out of the ration book.
When the book was sent down at the commencement of the season, there
was a memorandum in the handwriting of the former cook, of the
rations left in charge of Sloane at the end of 1859.
That memorandum was missing, and the articles had
not been accounted for. Recollects that among the stores were 6 bags
of flour, and a cask containing two bags of flour. When the party
arrived at the commencement of the season, all the stores had
disappeared.
Cross-examined—Sloane acknowledged that the
provisions had been there, but he had made use of them. Sloane was
allowed to draw rations in moderation, and was charged for them.
Sloane was to judge to what extent he should draw them.
Sloane never said he had shark oil. Believed that
all shark oil would belong to the proprietor of the Fishery, as
Harwood told them so.
Sloane never said he had exchanged mutton for
soap.
Hill, one of Mr Harwood's whalemen — Sloane was
chief headsman; saw hhds of salt filled and headed up by direction
of Sloane. The casks were lent to Brakes, and the salt was sold to
him. Heard the agreement.
Saw some little kegs of oil on board the Trois
Amis, some belonged to Sloane, and some to the Fishery. Recollected
the whale being killed. Never saw any blubber.
Took some of the lip, and tried it out in the pot
belonging to the fishery, and sold the oil.
Cross-examined — Could not say how much oil was
taken from the whale. Sloane was in his house, he did not take any
oil. but his boy did.
The whale was four miles off. Three of the men
got 6 gallons of oil. Does not know whether Sloane was aware of
this.
When the headsman abandons a whale anyone can
make use of it.
Shark oil had been got by Sloane and other
headsmen, and they sold it. No shark oil had been sold to Mr Bibra.
They ran short of provisions at the Fishery, and Sloane borrowed a
bag of flour from Mr Bibra. The casks were lent to Brakes to carry
the salt as far as Sharks Bay.
This closed the case for the Crown.
Mr Howell contended that the goods were lawfully
obtained and that their subsequent appropriation did not amount to
larceny.
Advocate General — When the goods were obtained
fairly, perhaps not. The prisoner was charged as a servant, and the
goods were delivered to him as a paid servant of Harwood and he knew
this for he said to the cook the oil he had was Harwood's oil.
If he had not been guilty of larceny, he had been
guilty of embezzlement, and upon one or the other charges he must be
tried.
His Honour said the question was one of
difficulty, and at home would most likely be reserved for
consideration. Here, however, there was no appeal, and he must
decide, himself, to the best of his judgment, and on the spur of the
moment.
He had arrived at the conclusion that all the
articles were in Sloane's charge as caretaker or implied trustee,
and that there was nothing to show any fraudulent act on the part of
the prisoner. The charge of larceny against him would not,
therefore, lie, and the only offence with which he could be charged
was that of embezzlement, or larceny as a servant.
When he received articles from a third party on
behalf of his master he then became liable under the statute. The
only article he had thus received was the 21lbs of mutton which he
delivered to Ware, and the jury would have to disregard all evidence
except that bearing upon this one transaction.
Mr Howell addressed the Jury on behalf of the
prisoner, stating that the 21Ibs mutton was exchanged for soap, of
which article the fishery was at that time deficient.
The Advocate General, in reply, contended that
there was no evidence of this fact.
Verdict—Guilty. Sentence—5 years penal servitude.
The Relationship between Harwood and the Judge
Did the Relationship between J J Harwood and The Presiding judge,
Commissioner of the Civil Court, Alfred McFarland have any bearing
on the case?
In the 4th February 1859 J J Harwood mounted a civil case in the
court of quarter session with McFarland presiding where attempted to
sue the Captain Cumiskey of the American whaling ship “Lapwing” for
damages when it is alleged on the 6th November 1858 his crew
interfered in a whale catch off Fremantle where Harwood and his
crew, (potentially including Sloan, the dates need to be checked)
failed to secure a whale when it was disturbed by the American boat.
The Lapwing was reported in the Inquirer on the 23rd Feb 1859 to
have been sighted and spoke with the “Lapwing” on the 10th Feb at
29deg 53’, 112 deg 48’ E obviously after setting sail from Fremantle
crew of the “Favourite” which was enroute Champion Bay to Fremantle
following the conclusion of the court case.
There is no doubt Sloan would have been aware of this case. In
1856 Sloan is recorded as being Chief Headsman for Harwood at Port
Gregory, and again as Chief Headsman for Harwood at Port Gregory and
Castle Rock (Near Cape Naturalist) in 1988.
The panel of jurors found in Harwood’s favour and awarded him 300
pounds damages plus costs being half the estimated value of the
whale.
McFarland subsequently overruled this decision and awarded costs
of the case equally to Harwood and the American Captain.
The Perth Gazette fully reported on the proceeding of the court.
Incidentally the Perth Gazette was owned by a competitor of Harwood,
a Mr Shelton who also fell fowl of the courts some 15 years later,
and was imprisoned. It is reported this shortened his life very
severly.
Harwood immediately wrote a long and rambling letter to the Perth
Inquirer which was published the following week outlining his
concerns about the decision and calling for McFarland’s dismissal.
In his letter he make statements saying that he was just about to
spear the whale (a job normally done by the headsman such as Sloan,
when the American whale boat “crossed the wake” of the whale casing
it to sound.
McFarland immediately responded with a demand that Harwood
withdraw his letter and failure to do so would result in Harwood
being arrested and brought before him to answer contempt of court
charges.
The following week the Enquirer published also a long editorial
supporting Harwood’s case also apologising to readers for such along
letter from Harwood that many readers may not have bothered to read.
The Enquirer thundered on about rights of colonial citizens,
freedom of speech and protection of colonial resources from aliens,
stating the many of its citizen’s basic rights were under threat,
calling on Governor Stirling to exercise him right to immediately
remove the judge.
Further research is required , however it is obvious that
McFarland withdrew his action.
This would have been seen as a moral victory by Harwood and also
reinforced his belief that he was above the law because of his
position in society.
When the Sloan case was brought by Harwood before McFarland 12
month later no doubt McFarland was still smarting from his back down
and public embarrassment, and there would have been no love lost
between Harwood and him.
The judge appeared to show a great deal of sympathy towards Sloan
and directed that all evidence as stealing as a servant be excluded.
He agonised over his decision, in his summing up he stated that at
home (England) the decision would be reserved however in the colony
he had no legal right to do this and the decision must be made on
the spot.
The panel of Magistrates (jurors) included all of Harwood’s
business associates and cronies, all just having been appointed in
1860, and potentially this was their first case. (This needs to be
checked).
Although Sloan was found guilty on a very minor charge (stealing
half a sheep) based upon flimsy evidence, and a strong motive on the
part of Harwood and his cook, the ferocity of the sentence, probably
decreed by the jury was extreme. (5 years).
In his judgement McFarland may have been cognizant of his
previous encounter with Harwood the year before, and would probably
have been subject to the same public questioning for lack of support
for the pillars of colonial society in the papers again if he did
not convict Sloan.
Obviously McFarland became distressed at the lack of fairness and
rough justice eing handed out in the colony, and he resigned from
the position in 1861 shortly after Sloan’s remaining sentence was
pardoned by the governor. It is also interesting to note that
Harwood also became a member of the jury at the same time.
Back, Peres, Russel, Chaise, McKibbly, Russworth, Ellier, not
recorded as a convicts in the database held by Fremantle Gaol
In the convict database Thomas Lynch arrived on the Ramilies on
7th August 1854 occupation is listed as a boatman as was granted T
of L in 1854
The transcript of the court report in The Inquirer” on the 17th
Oct 1860 makes interesting reading and it appears the conviction was
based upon very limited and flimsy evidence of the cook, Charles
Wilson.
I have continued reading the papers of the time and came up with
some other interesting articles, including a letter from Harwood to
the Inquirer 27th Feb 1859 complaining about a judgement of A
MacFarland (the judge in the Sloan trial) in which Harwood seeks the
governor to sack the judge because of a disputed verdict involving
Harwood and an American Whaling captain. The judge then begins
proceedings to have Harwood charged with contempt of court.
Harwood attempted to sue an American whaling captain for
interfering in the taking of a whale off Fremantle in December 1958.
It is not yet confirmed, but it is highly likely Sloan was the
headsman on the whaling boat involved in this case. Harwood was on
board, and claims the American boat deliberately scared the whale
about to be harpooned by Harwood’s boat.
Much legal debate followed, relating to the protection of whaling
in WA from the American whaling fleet.
I haven’t fully understood what finally happened, but I note the
judge involved arrived in the colony on the 17/2/1858, and was
immediately controversial. He resigned in February 1861 as WA’s only
judge to practise as a barrister in NSW, and it is interesting to
note Daniel Sloan was granted a pardon also in January 1861.
My reading of the reported case regarding Sloan suggests a faulty
conviction, and even judge McFarland expresses this. It is almost
certain a guilty verdict would not have been reached in today’s
courts.
I have also researched movements of coastal shipping, at the
time, including cargo manifests and passenger lists, and can confirm
Sloan and his family were present at Port Gregory at least from
September 1858 to 15th September 1860, arriving back in Fremantle
aboard the “Trois Amis” on the 24th Sept via Champion Bay
(Geraldton), with some whale oil, salt, a whale boat and other
whaling supplies. The eldest boy would have been 13, and the
youngest daughter just 9 months.
The “Troi Amis” was a 46 ton schooner under the command of
Captain Green, and it made regular voyages between Fremantle,
Geraldton Shark Bay and at times further North from 1858 until at
least the end of 1860.
It is also obvious that the whale that was cut up at Port Gregory
on the 2nd August 1860 had been abandoned by Sloan 4 miles out to
sea on the 30th July when it sunk, and thus according to the rules
at the time was not the property of Harwood.
It appears that everyone in the whaling party then took blubber
from this carcass when it washed up near Port Gregory 3 days later,
processed it themselves (Sloan did not), but his son (13) did and
claimed it as their own. It is also likely that other members of the
other whaling party at Port Gregory also took blubber from this
whale and processed it for themselves.
The cook (Wilson) must have has an acrimonious relationship with
Sloan, and was pissed off that Sloan said the oil he (the cook had)
was the property of Harwood as he was using it in the camp kitchen.
Sloan appears to have done some bartering for flour and whale
line for supplies with Von Bibro who was a trader and local
pastoralist in the Murchison at the time. He also appears to have
swapped some beef for some mutton, probably for variety of diet
rather than any sinister motive.
Obviously during the off season Sloan collected salt from pink
lake to supplement his income, and stored it in casks owned by
Harwood. This apparently was common practise at Port Gregory, and
was done by all the free settlers there. It appear he sold this to a
captain of a passing ship under the command of Captain Brake bound
for Shark Bay, and was expecting the return of the casks on the
ships return voyage to Perth. A receipt was even issued, which was
presented to Harwood’s book keeper, suggesting no wrong doing.
Of note is the cargo listed as having been unloaded from the
“Troi Amis” in Fremantle when Sloan returned to Perth in September
1860 includes some casks of salt.
C Wilson was a Ticket of Leave convict engaged by Harwood,
convicted of Larceny in England, and thus is perhaps a less than
reliable witness, and appears to have a motive.
It is also reported that the processing works at Pakington (Port
Gregory) burnt down in 1859, although this needs further research,
and what effect this may have had upon Sloan’s duties,
responsibilities.
Of note is that headsman were always paid by the “lay” method,
which was basically a share of the catch. Given that Harwood stated
that Sloan was paid a wage while he was caretaker, his employment
status during the whaling season when he was also the Headsman
remains a mystery, particularly if he was not under law then
considered a “servant.”
It is interesting to note that none of Harwood’s whaling party at
Pakington during the 1860 whaling season were registered as required
by law and published in the Government Gazette, although this was
always the case in previous years. Maybe Harwood was operating
illegally. Still more research required.
There is much much more information which I will try to put
together in a paper over the next few months.
Martin Gibbs has done an excellent PhD thesis some 570 pages long
and it make interesting background reading on how the shore based
whaling worked, and what were the problems, economics, including
catching techniques etc.
It is clear from his research that Daniel was a headsman for a
long period shortly after his arrival in WA obviously from a passing
American whaler of which there were several hundred.
Transcripts of Statements taken 23rd September 1860 prior to the
commital hearing.
The information and complaint of ______ Harwood
taken on oath this 23rd day of September in the presence and hearing
of Daniel Sloan.
I charge Daniel Sloan with having wilfully
embezelled and made away with some flour and potatoes, my
property, also some whale line and meat, the same having been left
in his charge at Port Gregory.
He was paid one pound per week to take care of
and look after my property.
On or about the 4th day of May 1860? Sloan told
my cook (Mr Chad Wilson) to fill him a bag of flour from my
store, the said flour being in charge of Sloan, and sold it to a man
of the name of Ware, belonging to the Geraldine mine. (The
Geraldine mine is a lead mine on the banks of the Murchison River
approx 50Km away.)
I am missing about six hundred fathoms
of whale line which I charge him with having taken away and with
having sold ______ portion to Mr Bibro. I also charge him with
having sold some of the meat, 1/2 a sheep, to a man of the name
of “Ware”.
I wish Sloan to be approached and brought forward
to answer the charge. I further charge him with taking and making
away with about ½ a ton of oil, also about 13 casks and several bags
(?).
He had permission to send for, or buy in
my name provisions but had no permission to sell any of my
property whatever.
On account of the flour, potatoes and other
provisions left to his charge, and which he has made away with, as
stated, was entered in the journal delivered to him when he took
charge and the said entry had been torn out of the said
journal while in his charge.
Joshua J Harwood.
Before us
Chad Wilson on oath (said?)
I was cook to Mr Harwood’s party at Port Gregory
this season.
I arrived there on the 3rd of May last and found
on examination that there was no flour or provisions of any
description at the station.
The station was in charge of Daniel Sloan.
When we arrived, some casks of flour and other
provisions were taken down (up?) on the (schooner)
“Mystery” along with the whaling party, and myself as cook, and
landed the same day we arrived.
On the 15th day of May (some 12 days after
arriving) “Sloan” told me to fill a bag of flour from the stock
in store. (There is a discrepancy here with the statement of
Harwood who said the flour was loaded on or about the 4th May) I
did so, it weighed 200lbs and Sloan told me he had sent it to Mr Ware
Sloan brought line whale line for me to weigh.
Sloan said it was about a fath___, (fathom) he sent it to “Bibro” in
his spring cart.
I received 1/2 a sheep from Captain Hicks for the
use of the party and Sloan told me to give it to “Mr Ware”
(presumably the same Ware who received the 200lbs of flour) and
I did so.
I saw some salt go away from the station in bags,
there was also a quantity of salt in casks, which casks I believe
were Mr Harwoods.
The casks were taken away before the party left
(the fishery at the end of the season) by the direction of
“Sloan” who I believe sold the salt and casks to “Mr Brakes” –
On the 30thof June last, (2 months after they
arrived) Sloan killed a whale.
I last saw it on the beach, I took some blubber
from it and tried it out for the use of the kitchen and the
remainder I put into kegs. Sloan said it was Mr Harwood’s oil, I
also saw Sloan and some of the other men trying out oil and saw him
measure out 5 gallons of this oil and send to “Mr Bibro”
There was some oil sold on a ________ to some
people from the country by Sloan I also saw him measure five gallons
a few days before we left which was sent to “Mr Bibro” (This is
probably the same Mr Bibro who also received the whale line)
Also when we left Port Gregory in the “La Trois
Amis” about the middle of this month, (Statement was taken on the
25th of September 1860 so it is reasonable to assume the departure
time was on or about 15th September 1860) I saw the _____ cask
and several kegs full of oil on board. The cask and kegs with the
oil came from our station and I believe from what Sloan previously
told me, it belonged to Mr Harwood.
This oil was landed at Champion Bay on our way
here (presumably Fremantle) and I heard that some was sold to
Scott & Gale and some to W Crowther.
Sloan was drunk at this time, and we had nothing
to eat. I applied to W Crowther for some rations who informed me
that Sloan’s wife had drank the ________ and that he could not give
me anything.
The book marked _____ was handed to me by Sloan
to keep __________ accounts and I never tore any leaf out of the
book, nor was it torn out at the time I delivered it to Sloan on
leaving the station this season.
Before us.
Edio Buck Free, on oath saith
I am a carpenter and employed by Mr Harwood
and had been sent down (up in modern Australian terms– as it is
reasonable to expect that at the time any geographical references in
Australia would be “down” for anyone who had emigrated from the
Northern Hemisphere) to Port Gregory to do some work for “Mr
Bibro”.
I was there at the breaking up of the fishery
last year. Sloan had charge of the station at the time.
There was some flour in __________ - I recollect
one _______ quite luck I also saw some potatoes there.
I recollect Sloan and Party killing a whale this
year they ______________________ out and I bought about 11 gallons
from the party. I asked Sloan if I should be ____ weary in buying it
and he said I think not.
I was at the station this year when it was
(wound) up about the middle of this month (September) and came with
the party to Champion Bay.
I saw on board the “La Trois Amis” a ____ cask
and some kegs of oil which were taken from the station. This oil was
all sold at the Bay.
I heard him Sloan tell his wife that Crowther had
offered him 5/6 a gallon for it, Sloan owned the oil in the ____
cask to be his
I½ fathoms of whale line,
I think the whale killed by the party
would have produced about 2 tons of oil.
E Buck
Before Me
________________
________________
Sloan let me have for Mr Bibo is there any entry
which has lent or sold any casks.
I particularly asked him if there was any
transaction ________ with the fishery which was not entered in his
books and told him if there was, to give me an account of it.
He told me in reply that the only thing he had
thought to enter was the purchase of two pairs of trousers and 3
pairs of blankets from W Crowther.
When the book was sent to Sloan this season it
contained an entry of provisions left at the station in Sloan’s
charge at the end of last season.
This entry was taken out of the book before it
was handed to me by Sloan this year from the entries in the books
there was a balance of 6 bags of flour and 1 _____ of flour since
which we have sent down 2 bags of flour before the fishery commenced
– hence the fishery commenced two ____ 16 ____ has been sent down to
the station.
F F Seed on oath Saith
I keep W Harwood’s books.
When the fishing broke up this season Sloan on
arrival, handed me the two books now produced
The log book states that the whale was eaten
______,
I asked him if any oil had been saved for W
Harwood and he said not a ____.
He further stated that it would not pay to ______
out the oil from the whale although they had not been doing any
thing for 13 days
I previously knew that a quantity of oil had been
procured from this whale and asked him repeatedly if any oil had
been ____ out by any of the party and he distinctly told me non
whatever.
I have examined the books carefully and find no
entry of oil taken or of oil sold or of whale lime sole on rations
nor is there any entry which he has lent or sold any casks.
I particularly asked him if there was any
transaction conducted with the fishery which was not entered in his
books and told him if there was to give me any account of it.
He told me _________ that the only thing
he had ______ to enter was the purchase of two pairs of trousers and
3 pairs of blankets from W Crowther.
When the book was sent to Sloan this season at
contained an entry of provisions left at the station in Sloan’s
charge at the end of last season.
This entry was taken out of the book before it
was handed to me by Sloan this year.
From the entry in the books there was a balance
of 6 bags of flour and 1 __ of flour since which we have sent down 2
bags of flour before the fishery commenced – since the fishery
commenced two tons 16 ____ has been sent down to the station.
John Hill on oath saith
I belonged to Mr Harwood’s whaling party this
season
I ______ heading up 13 casks 4 hd which belonged
to Mr Harwood, they were filled up with salt by order of Sloan
these casks were sent on board the “Alysley”
Samuel _____ Master – the salt was sold to him
I saw lime oil on board the ________ in _____
casks which came from the fishery.
I helped to take blubber from the whale and tried
it out and sold it because others did so.
I sold two gallons of oil tried out from the ____
and head of the whale to W Bibro.
Statement of the Accused at the Committal Hearing
- 25th September 1860
Daniel Sloan stand charged before the undersigned
two of her Majesty’s Justices of the Peace in and for the Colony
aforesaid this 25 days of September in the year of our Lord 1860 for
that said Daniel Sloan did during the whaling season of this year
(1860?) did wilfully embezzle a quantity of flour, whale oil,
whale line, caskets, meat, the property of Mr Harwood and the said
charge being read to the said Daniel Sloan and the witnesses for the
prosecution,
I W Harwood, Chad Wilson, Edio (Buck) Free
and John Hill, being severally examined in his presence, the said
Daniel Sloan, is now addressed by ____ as follows:
“Having heard the evidence do you wish to say
anything in answer to the charge? You are not obliged to say
anything unless you desire to do so; but whatever you say will be
taken down in writing, and may be given in evidence against you on
your trial; “
where upon the said Daniel Sloan saith as
follows:
“I deny any thefts.”
Transcript of the Article that appeared in "The Enquirer" on
Monday 8th October 1860 (Unedited)
Quarter Sessions
Before His Honor A. McFarland, Escq., and a Bench
of Magistrates.
MONDAY, OCTOBER 8th 186O.
Daniel Sloane, charged with stealing or taking
away certain articles the property of his master, Joshua Harwood, at
Port Gregory.
Joshua J. Harwood, Builder, at Fremantle. —
Prisoner was in his employ as a servant, and was in charge of the
whaling station at Port Gregory, with the surplus stores, at the
close of last year.
His wages were £1 per week. His duty was to
protect the property and stores.
Had been headsman to the party.
Never gave him permission to sell. The property
chiefly consisted of flour (six bag's and 1 hhd), potatoes,
whaleline and rope, and casks — about 50 tons.
Prisoner had a list of the articles at the end of
the season, and also of goods shipped in May, I860, consisting of
provisions for the whaling season.
Cross-examined by Mr Howell.—Never gave him
authority to exchange, sell, or borrow. The fishery was too well
supplied to justify his borrowing.
Is not aware that he did borrow, and he never
told witness that he had done so until he was before the committing
magistrates. Missed a number of casks. Sloane did not send to him
salt in casks. Did not know whether Sloane sold a quantity of salt
to Brakes. Did not know whether the handwriting in the paper
produced (a receipt for salt) was Brakes’, or whether the signature
is Brakes’.
Charles Wilson, — Was employed as cook for Mr
Harwood's station, in May last. Went to Port Gregory in the
'Mystery". There was on board a quantity of rations, consisting of
flour, meat, tea, sugar and rice. The provisions were all delivered
to Sloane upon arrival at Port Gregory, and were put into Mr
Harwood’s store. Weighed 200 lbs of flour, which prisoner told him
was to go to Mr Ware's. It was sent away and was not brought back.
Was constantly at the station, and it could not be returned without
his knowledge. Some time after, Sloane told him to weigh out 20 lbs
of beef for Ware, and that Captain Hicks would replace it. Ware took
the beef, and 21 lbs of mutton came in its place. Tho mutton was
given to Ware by Sloane's orders. Ware had nothing to do with the
whaling station. There was a great quantity of salt sent away.
Brakes took a great quantity, and some came to Fremantle in the same
vessel with witness. Part was in the fishery, and some in a store
belonging to Mr C. Von Bibra. Some of the salt was in bags and some
in casks. Does not know whose property it was. It was taken from the
Fishery, prisoner being chief headsman at the time. The casks were
new. Does not know whether any of the casks brought by them were
sent away. Recollects a whale being caught by Harwood's party. Took
several pieces of blubber and tried them out for the use of the
kitchen, and put the oil in a small keg.
Sloane told him that the oil was the property of
Mr Harwood, and that witness was not to dispose of it
Brought 5 gallons of this oil to Mr Harwood.
There was a good deal of oil tried out. Saw some of it put into
cans. Four gallons were sent to Mr C. Von Bibra. Plenty of oil was
put into small kegs, but could not say where it went to.
Believes some of it was sold, but docs not know
it for a fact. Sloane told witness there was 25s for him if he would
sell the 5 gallons in his possession. That oil was Mr Harwood's oil.
Some oil was put into cans by the direction of Sloane, and given to
Mrs Martin. It was carried away in a cart. Came back in Green's
vessel. There was some oil on board; some in pork casks and kegs.
Some belonged to Sloane; it came from the Fishery. The oil was taken
ashore at Champion Bay and did not come back.
Believes it was sold, part to Scott & Gale, and
part to Crowther. Kept a book by Sloane’s orders, for the purpose of
putting down his rations.
Half a leaf had been torn out of that book since
he delivered it to Sloane's wife. There was something written in the
part torn out. Never saw the book afterwards, until at the Police
Court.
Has booked 700lbs flour. 200Ibs of flour was sent
away by Sloane's order, and was booked to him and charged to him.
Never booked the 21 lbs of mutton. Only kept an account of the
rations of Sloane.
Was never told to enter the mutton.
Did not make any entries of salt delivered. He
was not told to so. Nor an entry of the casks sent away. He had
nothing to do with them, nor the oil, nor the bags. They were never
in his charge.
By Mr Howell – Can’t say what was on the paper
torn from the book. Sloane was entitled to draw rations, and they
were charged to him. Upon delivery they became his own property. The
200lbs of flour was charged to him. Had nothing to do with the oil.
The four gallons sent to Mr Bibra was whale oil. There was no shark
oil. The oil belonged to different men.
Brakes took away perhaps 7 or 8 tons of salt.
Does not know whether it was sold to Brakes.
Ware kept the stores of the Geraldine Mine. Does
not know whether they were hard up for provisions at the Geraldine
Mine at the time.
Had a bag of flour from Mr Bibra for the fishery.
Run short of meat once or twice. Sometimes had to send to Champion
Bay for meat, and afterwards to Mr C. Von Bibra.
Re-examined – there were no provisions in store
when they arrived in May.
By the Court. – Ware took the beef and the mutton
in a bag. The mutton came in the “Preston” from Champion Bay. It was
delivered to witness for the use of the men.
Edward Back, carpenter in Harwood’s employ, -went
to Port Gregory last June, and was present at the breaking up of the
Fishery. Sloane was in charge.
There was one barrel of flour lying outside the
house. Was working at Mr Bibra’s on account of Mr Harwood.
Mr Bibra requested witness to ask Sloane to let
him have some line. Asked Sloane for it at the fishery, who gave him
9 ½ fathoms of line. Mr Bibra told witness to say that he would
settle for it, and Sloane said he would have to put it down.
Recollects that a whale was caught and sunk.
Cross examined – Sloane said he would have to put
down the line. Never carried any other message from Mr Bibra to
Sloane.
F. F. Seed, Book-keeper to Mr Harwood
Sloane on arrival at Fremantle, handed over the
three books produced; first, a log book in which everything relating
to the fishery was supposed to be entered. There is an entry about a
whale in the handwriting of prisoner, (an extract from the log book
was read, from which it appeared that a whale was killed on the 30th
July, that it sunk, and that subsequently it was found on the beach
on the 2nd August, completely eaten up by sharks).
Witness asked Sloane whether he was sure that the
entry was correct. He said yes. That the whale was completely eaten
up, and that he was quite sure they had not saved “a sup” of oil.
Asked Sloane why they had not tried to save
something. He said it was not worth while. He also said that no
other person had tried out any oil from that whale.
In the second book, Sloane ought to have entered
everything that came to or left the fishery. Had not done so; said
he was no scholar, and it was the cook’s book and he handed it to
the cook.
In the third or ration book, there was no entry
of oil sold. Asked what had become of the rations last year. There
was no entry of the 21lbs of mutton, whale line, salt, bags, or
casks.
Prisoner said nothing was omitted except two
pairs of trousers and a blanket which he had drawn from Mr Shenton’s
store. There was a piece torn out of the ration book. When the book
was sent down at the commencement of the season, there was a
memorandum in the handwriting of the former cook, of the rations
left in charge of Sloane at the end of 1859.
That memorandum was missing, and the articles had
not been accounted for. Recollects that among the stores were 6 bags
of flour, and a cask containing two bags of flour. When the party
arrived at the commencement of the season, all the stores had
disappeared.
Cross-examined—Sloane acknowledged that the
provisions had been there, but he had made use of them. Sloane was
allowed to draw rations in moderation, and was charged for them.
Sloane was to judge to what extent he should draw them.
Sloane never said he had shark oil. Believed that
all shark oil would belong to the proprietor of the Fishery, as
Harwood told them so.
Sloane never said he had exchanged mutton for
soap.
Hill, one of Mr Harwood's whalemen — Sloane was
chief headsman; saw hhds of salt filled and headed up by direction
of Sloane. The casks were lent to Brakes, and the salt was sold to
him. Heard the agreement.
Saw some little kegs of oil on board the Trois
Amis, some belonged to Sloane, and some to the Fishery. Recollected
the whale being killed. Never saw any blubber.
Took some of the lip, and tried it out in the pot
belonging to the fishery, and sold the oil.
Cross-examined — Could not say how much oil was
taken from the whale. Sloane was in his house, he did not take any
oil. but his boy did.
The whale was four miles off. Three of the men
got 6 gallons of oil. Does not know whether Sloane was aware of
this.
When the headsman abandons a whale anyone can
make use of it.
Shark oil had been got by Sloane and other
headsmen, and they sold it. No shark oil had been sold to Mr Bibra.
They ran short of provisions at the Fishery, and Sloane borrowed a
bag of flour from Mr Bibra. The casks were lent to Brakes to carry
the salt as far as Sharks Bay.
This closed the case for the Crown.
Mr Howell contended that the goods were lawfully
obtained and that their subsequent appropriation did not amount to
larceny.
Advocate General — When the goods were obtained
fairly, perhaps not. The prisoner was charged as a servant, and the
goods were delivered to him as a paid servant of Harwood and he knew
this for he said to the cook the oil he had was Harwood's oil.
If he had not been guilty of larceny, he had been
guilty of embezzlement, and upon one or the other charges he must be
tried.
His Honour said the question was one of
difficulty, and at home would most likely be reserved for
consideration. Here, however, there was no appeal, and he must
decide, himself, to the best of his judgment, and on the spur of the
moment.
He had arrived at the conclusion that all the
articles were in Sloane's charge as caretaker or implied trustee,
and that there was nothing to show any fraudulent act on the part of
the prisoner. The charge of larceny against him would not,
therefore, lie, and the only offence with which he could be charged
was that of embezzlement, or larceny as a servant.
When he received articles from a third party on
behalf of his master he then became liable under the statute. The
only article he had thus received was the 21lbs of mutton which he
delivered to Ware, and the jury would have to disregard all evidence
except that bearing upon this one transaction.
Mr Howell addressed the Jury on behalf of the
prisoner, stating that the 21Ibs mutton was exchanged for soap, of
which article the fishery was at that time deficient.
The Advocate General, in reply, contended that
there was no evidence of this fact.
Verdict—Guilty. Sentence—5 years penal servitude.
Colin Sloan's Paper
Early Sloan History
Any story of our Sloan family in WA can only start from the
arrival of Daniel Sloan in Fremantle early in the 1840’s, on an
American Whaler. All we know of him before he arrived here was he
was born in 1815 in County Cork, Northern Ireland; was a Protestant;
literate; very able bodied and a highly qualified Mariner with a lot
of experience in a very tough occupation of whaling. We know he then
became a ferryman or water taxi; transporting people on the river as
there were no roads there yet.
His future wife Eliza Anne Cowcher the 2nd daughter of 8 children
of the first Doctor in the Colony had arrived on the 6th of July
1830 on the “Medina” at the age of 3 years with her family. They
settled in Guilford as there was insufficient work for a doctor in
Fremantle originally and he applied for and was granted a ferry
licence in 1831.
By the middle of 1831 his capital and food supply were exhausted
and they were in such a desperate plight he had to request help from
the Colonial Secretary but then had to borrow flour as they had been
without for a week and the captain would not release the supplies
sent till the cartage of 15/-shillings was paid. He returned
sometime after 1833 to practice in Fremantle & died there on 17th
May 1840 aged 40. His wife lived on for 36 years and died in 1876 at
89.
Daniel married Eliza on the 26th of May 1846.
There first son James Daniel was born on 22nd of March 1847 a
very respectable ten months later and eventually after working down
in the country, certainly with the Coucher family in the Williams
district at first; he met and married Margaret Pratt on the 21st of
December 1876, Nobody knows where they lived for the next ten years
but from then on he had several business’s in Bunbury including the
Federal Hotel. They had nine children and many descendants who still
live in the district. He died very highly respected in Bunbury in
1924 at 76.
On the 27th of Oct 1847 Daniel and a George Hodges offered in an
advertisement in the “Enquirer” to pull a whaleboat against any
party in Perth for the sum of 20 Pounds. Apparently nobody was game
enough to take them on.
Their first daughter Eliza Francis was born on the 14th of Feb
1849; she married Charles Salter of a well known Pinjarra family in
1867, had 8 children and died there in 1933.
On the 10 of July 1849 Daniel was one of the men in charge of
some kind of rescue mission to Rottenest in a whaleboat in bad
weather.
On the 28th of August the same year he was signed up by a D.
Scott Esq with the same George Hodges as above as the two Chief
Headman for a whaling party.
Their second son George Samuel was born on 27th of July 1851 (my
grandfather) and he married Emma Eliza first surviving daughter of
twelve children of Thomas and Elizabeth Smirk on 22nd of April 1880.
But more about them later.
On 6th November 1851 Daniel was locked up for being drunk & fined
an unspecified sum.
On 23rd of December 1851 he suffered the same fate and several
others in the same month received 4 to 7 days; some in solitary
confinement.
A year later on the 25th of December 1852 Daniel; along with
several others described as colonials and two pensioners were locked
up for being drunk and fined 5/- shillings but a Ticket of Leave man
was fined £2
for being drunk & disorderly so at least he was well behaved. So we
might assume it had been a great Christmas Eve Party that carried
over past midnight to Christmas day when Pubs should have been
closed.
He was fined 5/- on the 2nd of March 1853 for the last time. Many
seamen earlier in the month got up to 12 week hard labour for very
trivial offences and only one ticket of leave man was lucky enough
to be admonished.
Their 3rd son Daniel was born on the 20th of Nov 1853 at 3.00AM
at Mallubuck and lived most of his life & died in Pinjarra on the
12th of Sep 1907 aged 54. Does anybody know where “Mallubuck” is? He
was the only child not born in Fremantle.
Their 2nd & 3rd Daughters were born in 1857 & 1859 in Fremantle.
In between 1849 and 1860 Daniel was involved in whaling and we
know he was paid £1
a week as caretaker of a whaling station at Port Gregory from the
previous season to the beginning of the whaling season in the middle
of 1860; his wife was there too and almost certainly his family.
On the 3rd of May a cook, along with provisions and the rest of
the whaling party arrived on the “Mystling”. On the 30th of June
Daniel killed a whale and they landed it on the beach; it produced 2
tons of oil.
About the middle of September the whaling party broke up and they
left including Mrs Sloan on the “Trousame” and according to the cook
took several casks of oil aboard that was landed at Champion Bay and
he later alleged that he heard that Daniel had sold the oil there
and that he was drunk at the time.
On the 25th of September Joshua Harwood the owner of the whaling
station charged Daniel with “wilfully embezzling and making away
with” some flour, potatoes, ½ a sheep, some whale line, several
casks, salt and some bags.
The cook made a long statement detailing several of the things he
alleged Daniel had sold to various people while he was in charge. A
carpenter working for Harwood who was on the boat said he bought
about 11 gallons and heard Sloan tell his wife someone had offered
him 5/6 pence a gallon for the oil.
Harwood’s bookkeeper alleged the page of the journal with details
of the provisions missing had been torn out while in Daniels care. A
John Hill also working for Harwood said he helped fry out the oil
ant took some and sold it because others were doing so.
Daniel was committed for trial on the 25th of September and
sentenced to 5 years Penal Servitude on the 8th of October 1860 and
become colonial prisoner No 5580.
On Saturday the 2nd of March 1861 at the request of the Reverend
Mr Johnstone; Daniel was allowed in the company of a warder to visit
his dying wife from 3.00 til 7.30 pm. Eliza Francis married Daniel
at 17 years old and she died later that night aged 32 of measles and
he was allowed to visit again the next day to see her body. On the
4th he was allowed to stand at the outer gate during the passing of
his wife’s funeral.
His Daughter Ellen of 4 years died likewise on 23rd of March at
Fremantle and his youngest daughter Emma of 2 years died of
“decline” at Pinjarra leaving James 14, Eliza Francis 12, George
Samuel 9 and Daniel 8 years old with only there Grandmother and her
family to care for them. None of them had a days schooling in there
lives and the elder boys started out as shepherds with the Coucher
families around Williams.
On the 31st of August an unsuccessful appeal was made for his
release but it was not until another appeal on the 8th of January,
backed by a statement by a Mr Wellard of Fremantle that the Governor
saw fit to remit the remaining part of the sentence of Colonial
Prisoner Reg No 5580 and Daniel Sloan received a full pardon and was
released on the 8th of January 1862.
That is the last we know of him from official records and as his
surviving family didn’t pass on what he did then or where he went.
It seems very likely he took up his profession again as a first
class seaman on a passing boat as his family were farmed out to
relatives and we know Dr Coucher’s wife was almost certainly living
in Fremantle and lived onto die on Dec2nd 1876 at 89 years.
In July 1862 the American whaler “Cochitate” was whaling near
Esperance and called at Rockingham to take on jarrah sleepers and
later wool from Pt Maud and must have foundered in a cyclone off the
NW as timber, tallow and wool was washed ashore and identified as
her cargo and she was classified as lost with all hands possibly
taking Daniel with her.
Now to continue the story of George Samuel and Emma Eliza nee
Smirk. Her mother was the midwife in the district of Rockingham and
it was known that she never lost a mother or baby. Emma as a girl
went with her mother and assisted. George after working on various
farms including relatives as did his brothers from an early age. On
the1st of March 1882 two year after they married he applied for and
was granted the 40 acres where the present Sloan cottage now stands.
I can remember when I used to visit Grandma Emma & Uncle Len as a
small boy, walking up through the large orchard of figs, grapes,
loquats & stone fruit past the old wooden cottage that was then
further down the hill near a huge mulberry tree. My father told me
the older boys used to sleep in the barn as neither the old wooden
house that had only two rooms like the typical Irish cottage or the
present “Sloan’s Cottage” made of limestone was big enough for them
all. Dad was always very economical with water as they had to draw
it from the well and carried it up to the house by the bucketful
until they were able to buy a windmill that Dad remembered cost
£ 96 a
big some of money in those days.
George kept cattle, bred horses, milked cows & carted his fruit &
vegetables 18 miles to Fremantle Market by horse & cart; a full days
journey for a very good horse. Most pubs in those days had a water
trough outside for the horse’s to drink and a compulsory stop would
have been the old Newmarket Hotel on his way home. Apparently the
horse was frequently given more than ample time to drink, especially
in hot weather and George returned home in a merry state to a bit of
the old “hot tongue and cold shoulder” . He won a lot of prizes for
his produce and horses at the Coogee agricultural show as the black
peat swamp with the addition of the cow manure from the cows that
were locked up especially each night and the natural irrigation
provided by planting further down near the water as the summer dried
it out.
They lived very respectable and my Father recalled that they were
not allowed to work on Sunday and all had to dress in their best
clothes and go to church up till when they left home. He also
recalls spending a lot of time and walking many miles to catch the
horses for his older sisters when they wanted to go out.
Unfortunately George’s life was cut short on the 1st of April
1918 by a tragic sulky accident at the age of 66. He had taken his
wife on a round trip from Sloan Cottage to Jarrahdale where Emma’s
parents had moved to; then to Williams to visit the Coucher’s and
back to Pindalup to visit his Sister Eliza Salter and had just left
there when they hit a very deep rut in the track that tossed them
out of the sulky and he was run over by the iron tyre and received a
broken back and died at the Pinjarra Hospital while his wife only
got some abrasions to her legs.
Very recently I received a copy of an article in a local paper
concerning the accident and funeral that was found by John Pascoe in
his extensive research of the Sloan family along with Glynis
Haliday; two members of the branch of Sloan’s descended from James
Sloan who went to Bunbury. This article shows that James rode his
horse up from Bunbury to attend the funeral and how highly respected
George was throughout a large area.
I thank them because without their help I would never have had
access to the material necessary for this story. The family
portraits & snaps I got copies of from cousins and second cousins.
The most remarkable I can show you is; one great one of Daniel
himself complete with identifying scars and another of George and
all his family except David the eldest who was already away working,
outside the old original wooden house.
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This site was last updated
06/10/07
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