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.
Below is the contents of the PDF in Web format.
An Account of the life
of Daniel Sloan in the Whaling Industry in Western Australia
1842-1862
P.L. Schubert 7/1/2007
(Partially updated and
edited 21/12/2009)
Daniel Sloan, a prominent Whaler in the
Western Australian Shore based whaling industry, was gaoled in
1860 for “Stealing as a Servant” under circumstances which
suggest a miss-carriage of justice. He disappeared upon his
release from Fremantle gaol in 1861. This essay describes the
events leading up to the conviction, and an account of the case.
Table of Contents
Introduction.
4
Arriving in the Colony.
5
The American Whaling Connection.
5
Was Daniel Sloan an English whaler?.
6
The Colonial Shore Based Whaling Industry.
6
Catching a Whale.
8
Processing a whale on shore.
9
Daniel’s First Years in the Colony (1845-1853)
10
Marriage.
11
The Rottnest Incident
11
Brushes with the Law.
11
The Court System in the Colony.
12
The Shore Based Whaling Industry around Fremantle.
12
The Port Gregory Whaling Station (1854–60)
15
Living at Pakington.
19
1960 Season.
19
The taking of the whale.
19
The Breaking up of the Fishery.
20
Return to Fremantle.
21
The Initial Interviews.
21
Committal Hearing.
21
The Trial
21
The Relationship between Harwood and the Judge.
28
Imprisonment
30
Death of wife and kids.
30
The Pardon.
31
Timeline of Events.
31
The Key Players.
34
Daniel Sloan (Erickson, 1988)
34
Joshua Josiah Harwood (Erickson, 1988)
35
Back, Edward George (Erickson, 1988)
35
Back, George Edward (Erickson, 1988)
35
Brakes, Samuel (Capt.)
36
Crowther, Charles (Erickson, 1988)
36
Fancoat, Charlie.
36
Green, Capt George (Erickson, 1988)
37
Hicks, Robert (Erickson, 1988)
37
Hill, John.
38
Hodges, George Bell (Jr.)
39
Howell, Nathan (Erickson, 1988)
39
McFarland, Alfred (Erickson, 1988)
40
Scott & Gale, William..
40
Scott, Andrew (Erickson, 1988)
40
Scott, Daniel Henry (Erickson, 1988)
40
Seed, Francis F.
40
Shenton, George (Erickson, 1988)
40
Shenton, Arthur (Erickson, 1988)
41
Shenton, George (Erickson, 1988)
41
Symmons, Charles A.J (Erickson pp816)
41
Thompson, Christian.
41
Thompson, Howard.
41
Von Bibro, Charles.
41
Ware.
41
Charles Wilson.
41
Appendix A - Transcripts of Statements taken 24th September 1860
prior to the committal hearing.
42
J J Harwood.
42
Charles Wilson.
43
Edward Buck.
44
Francis Seed.
45
John Hill
45
Statement of the Accused (at the Committal Hearing - 25th
September 1860)
46
Appendix B -Transcript of the Article that appeared in "The
Enquirer and Commercial News" on Monday 8th October 1860
(Unedited)
46
Appendix C - Colin Sloan's Account of Early Sloan History.
51
Appendix D - Value of Goods in Question.
54
Appendix F – Harbour Master’s Letter to the Governor
55
Appendix G – Daniel Sloan’s Statement 10th Feb 1849.
55
Appendix H – Howard Thompson’s Statement 10th February 1849.
56
Bibliography.
56
The Sloan Family in Western Australia has a
long and somewhat colourful history, and there
has been a number of attempts to
document a full account of the early events in the colony. The
first Sloan recorded in WA was Daniel Sloan, my Great
Great Grandfather who was variously
described as an American whaler arriving some time in the
1840’s, less than fifteen years after the establishment of the
colony in 1829, and that he disappeared in the 1860’s back to
America.
Family history records that Daniel Sloan
disappeared sometime in 1860 (Russell, 1979) however after
considerable research it is now conclusively proven that Daniel
Sloan certainly did disappear after 19th March 1861, however
this is after being interred in Fremantle gaol in 1860 as a
result of a conviction for “stealing as a servant.” This is
contrary to family myth (Sloan T. ,
1975) that he returned to America abandoning his remaining
family.
Daniel Sloan’s disappearance on his release
from Fremantle gaol is subject to much conjecture as there is
apparently no known record of either his death in the colony, or
his departure on a ship leaving the colony for many years later.
I was amazed one day while researching
prison records at the Battye library
to come across the written statements of evidence by the
plaintiff in the case of the Regina (Crown) versus Daniel Sloan,
my GG Grandfather. The words literally leapt of the page and
forever sunk the family myth of a noble departure of Daniel from
the colony to reap glory in the American civil war as previously
thought. (Sloan T. , 1975) (Russell,
1979)
What these manuscripts contained was a
detailed account of some of the events in the shore based
whaling industry, but many of the whaling terms used meant
little to the casual reader.
To understand the evidence surrounding the
life style and eventual conviction of Daniel Sloan it is
necessary to understand the conditions in Western Australia at
the time and how the shore based whaling industry was operated.
Martin Gibbs (Gibbs, 1995) and a number of
other authors have done an excellent research on this topic.
This research makes interesting reading on how the shore based
whaling worked, and what were the problems, economics, including
catching techniques, and it is necessary to understand the
industry at the time to appreciate the evidence given in the
courts.
Gibbs gives a good insight into how the
industry was organised and operated and much of the background
information in this paper is based upon his research.
Armed with this information and other
records held by the Battye library
and the State Records Office, plus information gleaned from
local newspapers of the day, notably “The Inquirer and
Commercial News” it is possible to reconstruct a detailed
account of a significant portion of Daniel Sloan’s life.
It is a story that raises many more
questions than answers, and contains elements of tragedy,
hardship, greed, malice, and possibly injustice, and is a
fascinating insight into the working of the colony from 1840’s
to the 1860’s.
As I researched the events surrounding the
conviction and imprisonment of my ancestor the more it became
obvious to me the rough justice of the day. There are
inconsistencies in the evidence, and certainly issues in
relation to the interpretation of the statutes. Whether these
were deliberate is open to suggestion given the relationships
between the key protagonists evident from the written record.
Along the way a number of “interesting”
colonial characters are uncovered, and it is hoped that this
essay gives a graphic and moving account of the social history
of the early years of the colony, as well as a comprehensive
personal record of the early years in the colony.
How Daniel Sloan arrived in the colony is a
mystery. Official records of the time show all entries and
departures from the colony of all passengers and crews of ships
arriving and departing at the “official” ports. There is no
official record of Daniel arriving in the Colony by official
channels, and as shipping was the only way into the Colony and
between the settlements scattered around the coast in the early
years, it must be assumed that Daniel arrived from a foreign
vessel that did not officially call at an established port with
intending immigrants.
Given that there is an undoubted record of
a Daniel Sloan participating in the Western Australian shore
based whaling industry, it is reasonable to assume that he must
have entered the colony from a visiting foreign whaling ship.
American whaling ships began visiting the
South and West Coast of Western Australia for some time before
the colony at Albany and Fremantle were established. Seven years
earlier it is reported that considerable American ship based
whaling had occurred.1
Another consequence of the increased
American present was the number of skilled whalers appearing in
the settlements. Some had left their vessel at the completion of
a contract, while others were from wrecked whale ships, or were
sick men who had been abandoned to colonial charity.
Many were deserters who were more willing
to risk the Australian bush than see out their term. Most of the
latter were quickly captured and returned, although some
remained at large until their ship departed. These men generally
either re-signed on the next ship in port, many of which sought
replacement hands, or found their way into the local whaling
parties.
Daniel spent at least16 years in the colony
with his first official record of him being in the colony in the
form of being part of a registered whaling
party, it is unlikely that Daniel was a deserter from an
American ship.
1 Insert here what is known about the
visits of American whaling ships up to 1946 (The first time
Daniel is officially recorded in the colony as a
headsman.)
During the early years of the local whaling
industry, the majority of the men in the colonial crews were
local labourers and fishermen caught up in the “great rage for
whaling”. Unfortunately, their enthusiasm did not translate
into skill, and many of these whaling parties failed
consequently.
The need for experienced whalers,
particularly given the general labour shortage in the colony,
was sufficient for some colonial station owners and managers to
overlook the laws against employing deserting sailors. Some
even actively attempted to entice whalers away from their ships.
In the 1850’s Whitecar
visited several Western Australian whaling parties, stating that
the “officers, boat-steerers, and,
if they can be procured, 2/3rds of the crew are Americans”.
There is supporting evidence that these experienced hands were
indeed often given the crucial roles of boat-steerer
or harpooner in the colonial crews. (Gibbs, 2000)
Although several whalers settled
permanently in the colony, the majority of foreign hands stayed
only short periods before re-signing on passing vessels,
probably driven away by the lack of out-of-season employment.
Some men were even enticed away mid-season by the captains of
passing whale ships, with the unexpected loss of key members
leaving the colonial whaling party in a precarious position.
In their eagerness to obtain a full crew,
American captains were quite happy to take on both free and
bonded labourers, including Parkhurst Boys and convicts. A
report in 1863 estimated that at least 21 convicts had left on
American whale ships during the previous twelve years, while
there is also a single account of an escape aboard a French
whaler. (Gibbs, 2000)
The Western Australian Company, a new
concern, advertised in May of 1838, for eight able-bodied men to
whom the lay of one-fiftieth would be given and all necessary
provisions found. It was to be understood that the company was
to proceed to Safety Bay; it was denied that the company had not
the means of cutting in and trying out whales and stated that it
had means far superior to any whaling establishment hitherto
existing in Western Australia and would prove the same to any
person who felt willing to apply to the undersigned who were
Hunt, Duffield and Davies. (Heppingstone,
1966)
During August (1838) a number of English
whalemen arrived at Fremantle in the Shepherd to join those of
the Fremantle Company, but this could not be arranged owing to
objections raised by the local men. The new hands were placed on
the “Lady Stirling” by Messrs. Samson, the managers of the new
venture, and despatched to the northward. (Heppingstone,
1966)
What became of these English whalers? Did
they return to Fremantle and participate in the fishery after it
became almost impossible to obtain other labour. If Daniel was
one of these whalers, he would thus have been in the colony
several years earlier than previously thought and depending upon
which birth date one accepts he would have been either 22 or 18
years of age. This of course would have given him the necessary
time to raise through the ranks to
become a headsman when he is first officially recorded in the
colony, some 8 years later.
Western Australia’s entry into the shore
based whaling occurred with the first shore stations opening
along the south coast in 1836 and along the west coast in 1837
(Gibbs, 2000).
By the late 1830s, the American whalers
could rightly claim that they had a far more intimate knowledge
of the Western Australian coastline that did the British
authorities or settlers. However, the foreign masters seemed
quite willing to share their information of the coast, including
locations at which to establish shore-whaling stations.
While willingly accepting this information,
colonial whalers were as likely to establish their camps in bays
used in the previous season by wintering American whale ships.
One clear example is the use of Safety Bay by the Pioneer in
1837, followed by formation of a colonial party there in 1838.
The Koombana Bay, Castle Rock, Two
People Bay, Cape Riche, Torbay and Cape Arid shore stations
7were also established at well-known haunts
of foreign whalers. American vessels would sometimes return to
their usual wintering places only to meet with the objections of
the local parties upon their arrival. There are cases where the
problem was overcome by the American captain forming a
partnership with the colonial party. More frequently, real or
potential conflicts simply resulted in renewed calls upon the
British government to ban foreign fishing within Western
Australian waters.
The whaling stations were small and often
remote outposts of European settlement, with internal economies
and strategies for supplying food, shelter and other needs for
the four to six months or more that they were occupied each
year.
The least capital intensive method of
whaling is a whaling station or fishery established in a bay or
inlet, with whaleboats rowing out to intercept the right whales
and humpback whales as they passed along the coast during their
migrations. The fixed location limited the scope of these
operations to coastal areas within easy rowing or sailing
distance of the fishery. This was very attractive to the more
entrepreneurial settlers who took advantage of equipment from
wrecks of the American whaling fleet, and disposal of gear from
these ships before they returned to America with their holds
full of oil and other whale products.
A slightly more sophisticated version,
which extended the range of the shore station, was to use a
small vessel of cutter or schooner size as a launching platform
for the boats, and to assist in “cuttingin”
the whale (Little 1969: 116).
However, most of the infrastructure, in
particular the living areas and the main industrial component,
remained on land. (Gibbs, 1995)
The establishment of shore stations in
Australasia may have come from persons familiar with existing
shore-based traditions in Britain, America or elsewhere,
although it is just as possible that it occurred through the
medium of pelagic whaling, adapting the techniques used aboard
ship.
The first recorded shore based
establishments were at Fremantle at the Bather’s beach site.
Eleven people met at Pace's Hotel,
Fremantle, in February, 1837 and decided to form a company to be
called the Fremantle Whaling Company. The members comprised
Messrs. Randlett,
Habgood, Vincent, Back,
Duf-field, Edwards,
Okley, Pratt,
Dempster, Thomson and Mrs. Pace. The company obtained the
lease of that part of the beach directly under the flagstaff on
Arthur's Head, and built what was described as a substantial
jetty. The Perth Gazette believed that the Governor had allowed
prisoners to be employed on this work. Suitable boats and
whaling gear had been obtained from the American whaler
Cambrian.
On June 22 (1837) the Colonial Secretary
wrote to the Secretary of the Fremantle Whaling Company
informing him that the Governor had approved of a plan to cut a
tunnel under the gaol hill, and to allow prisoners to be used in
the execution of the work, provided that proper precautions were
taken for their safety. This tunnel greatly facilitated the
transfer of oil and other goods to and from the beach to the
main street.
The Gazette also reported complaints from
the residents of Fremantle on the stench from the
tryworks, and from local whalers on
the encroachment of foreigners who were taking whales in the
bays of the Colony.
Daniel Sloan would have been well familiar
with this facility when he worked for the Fremantle Whaling
company in 1946, and subsequent
years.
Undoubtedly it is in or near these facility
that Daniel met his wife, the daughter of Dr Cowcher, who had
returned to practise in Fremantle following his ill fated
agricultural and ferry pursuits at Guildford, however Dr Cowcher
died in 1840, and his future wife would have been a young girl
of 8 years of age living in Fremantle when they were
constructed.
Aside from the obvious differences in
process, the relationship between shore-based and ship-based
whaling is obvious from the shared pool of equipment, techniques
and terminology.
The Western Australian industry also
benefited and sometimes suffered from the steady flow of workers
between the two forms of whaling.
Prior to the commencement of the whaling
“season”, usually a period of up to five months between June and
December when the right and humpback whale migrations passed the
Western Australian coast, a suitable site would be selected at
which to establish the station or fishery. This would be
followed by the construction or refurbishment of industrial
facilities and living quarters for the men.
Included in the pre-season preparations
would be the repair or maintenance of the whaleboats and the
whaling equipment (referred to as “whalecraft)”,
as well as the coopering of casks for the oil so that the
station could commence operation immediately upon the sighting
of the whales.
The hands might also engage in boat races
to train them and bring them up to the necessary peak of
fitness.2
A look-out would be maintained on a nearby
headland or vantage point, usually from slightly before the
actual commencement of the season, watching for the first signs
of the migrating humpback or right whales.
Once the season had started the look-out
would signal any sightings by voice or through some other means,
at which the men would immediately launch the five to eight man
whaleboats, always kept in readiness, and commence the hunt.
During the season it was also common for one or more boats to
pull out each morning and cruise the adjacent waters in
readiness, hoping to gain some advantage in time.
In the settled areas the sighting and
taking of a whale always elicited much excitement. Newspaper
accounts at the time where detailed and effusive in their
reporting of a catch. The Headsman were
the heroes of the day, and were well known throughout the
colony.
The Gazette recording the taking of a whale
near Fremantle on the 16th August 1944 noted:
“This whale "was caught in gallant style
and the scene must have been interesting, as the fish was struck
near the bar and the whole proceedings were witnessed by a crowd
of spectators.
Two boats we
understand, were stove in; when a third boat with March
as the headsman came up and threw the fatal lance. He has
obtained great credit for his manful daring and the judicious
use of his weapon of destruction. We cannot too highly commend
the perseverance and activity of the men employed in this
undertaking."
Daniel Sloan was probably working for the
Fremantle Company that year, as in 1946 he was employed as
Headsman with the company, and he was probably a participant in
this chase.
A body of beliefs surrounded how best to
approach the whales. They were considered to have highly
sensitive hearing, so that a minimum of noise by voice or oar
was allowed. It was also believed that whales were able to see
to the rear, and that crossing their wake would alert them to
the presence of the boat and they would be “galleyed”.
Whaleboats were generally rowed, although
many were later equipped with sails and centre-boards which
could reduce noise and effort.
Accounts from other parts of Australasia
suggest that the “headsman” would steer the boat until it was
within close proximity to the whale. He would then pass the
steering oar to the “boat-steerer”
and move forward into position at the bow of the boat. The
headsman would then “throw” or place the harpoon, normally
referred to as an “iron,” when the whale was finally within
range.
The whale would be “struck” or “fastened,”
with the intention being that the harpoon, embedded in the
blubber, would fix a line between the whale and the boat.
Because it was crucial to remain secured to
the whale, many variations to the basic harpoon head were
designed. By the 1850s explosive or gun-harpoons had also come
into common use as the means of launching irons, despite
difficulties of use on the small boats.
If struck the whale would normally panic,
seeking to flee by swimming away or “sounding” (diving). The
whaleboats were usually pulled along in their wake, on what has
been referred to as the “Nantucket sleigh ride.” Buckets or
wooden boards called “drogues” might be attached to the line to
increase the drag and tire the whale sooner. Although several
hundred metres of line might be carried by each whaleboat, it
was sometimes necessary for a second craft to pull alongside and
allow its line to be attached to that of the first.
On occasions the boats would be pulled many
miles out to sea, sometimes being forced to cut the line before
they were taken too far from the shore to be able to return.
Once exhausted the whale would surface and
the line would be used to draw the whaleboat close by. The
headsman or another crewman would then use the long killing
lance to probe within the whale’s body, hoping to puncture the
heart or other vital organs
There are a number of references to whales
spouting blood prior to their final demise, which might take
several hours or more. At any point during this procedure the
line might break, the iron pull from the blubber, or the whale
turn and smash the boat and occupants.
Often the second or third “pick-up” boats
of the same party would move in with their own harpoons and
again attempt to secure the prize.
However, at the same time there was also a
series of rules which governed when other whaling parties might
take their own opportunity to chase the whale.
After the whale was dead, the rear flukes
would be cut off to reduce drag and lines attached from the
whale to one or more boats for the long haul home. This could
take all day and extend far into the night, with the crew
attempting to guide themselves back by means of landmarks or
beacons.
Sometimes the whale would be cut free and
an attempt made to retrieve it the next day. On other occasions
the whale would sink, although after a few days the gases from
decomposition would raise it again, as long as sharks, killer
whales or other predators had not consumed it.
The whale carcass would be brought into the
shallows, often adjacent to a granite shelf, a jetty or a wooden
deck, and fixed in place by ropes or chains.
The whale would then be “cut-in” or
“flensed,” with the blubber being virtually peeled from the body
in long strips known as “blanket pieces.”
A large “winch” or “capstan” would be used
for this process, with the rope sometimes passing over a set of
shearlegs to assist in pulling the blubber away from the body.
The blubber would be winched over the
granite sheet or wooden deck and up to the
tryworks for processing, although it could also be
carried in barrows or pallets. Further preparation of the
blubber would then take place, included reducing it into
approximately 15 inch by four inch “horse pieces,” and then
mincing these on a table “horse” into “sliver pieces, bible
leaves” or “books.” A mechanical cutter could also be used at
this stage.
Pearson (1983: 41) describes the process of
extracting the oil from the blubber, known as “trying-out” as
follows.
The sliver pieces were thrown into a large
iron cauldron called a trypot, set
up in a brickwork furnace, and there the blubber was heated and
stirred until all the oil had been removed, at which time the
solid blubber residue was scooped off and used to feed the
furnace fire, while the oil was bailed out, usually into large
copper coolers. Once cool the oil could then be “casked
up” for storage or shipment to market.
The flensing and trying out processes had
their own specialised equipment, including several varieties of
sharp knives hafted on poles and known as “spades.”A “Blubber
hooks, forks, pikes” and “toggles” were used for holding and
moving the blubber. A wide, perforated scoop called a “skimmer,”
was used to remove the “scrap,” the solid residue of the
blubber, from the “trypot.” The
scrap itself was oil rich and by feeding it into the “tryworks”
hearth would create a hotter fire. A “bailer” or “dipper” was
used to move the oil from the “trypot”
to the “cooling tank” and later into the casks. The “tryworks”
or furnace were normally situated not far above the high tide
mark to reduce the distance which the blubber had to be hauled,
and were often roofed over to protect it from rain.
The filled casks would be stored away from
the “tryworks”, and in such a way as
to prevent shrinkage which would result in loss of oil.
Several other body parts were also
utilised. The whale’s tongue could be removed to obtain
a lower quality oil, and was
estimated to give a volume in the proportion of one in ten
relative to the oil from the blubber. In some instances the
tongue was not removed, and separate parties of “tonguers”
would retrieve this portion, either from the shore station or
more usually from carcasses discarded from pelagic vessels
washed up on nearby beaches.
The baleen plates of the humpback and right
whales, referred to as “whalebone” or simply “bone”, were also
cut from the jaws and bundled for export. Prior to the invention
of plastics, whalebone had a variety of uses in the manufacture
of women’s apparel, furniture and a diversity of other items
including brushes, springs and umbrella ribs (Cousteau and
Paccalet 1986).
In the rare instances where sperm whales
were taken the fine oil from the “case”, a cavity in the
skull, would also be bailed out and
the teeth removed from the jaw and saved. More rarely the sperm
whale would yield the highly valuable “ambergris,” produced as a
reaction to solids (mostly squid beaks) catching in its bowels,
and used as a fixative in high quality perfumes.
During the 19th century no other part of
the whale was used, and the remains of the carcass would be
discarded.
Ship-based bay and pelagic whalers followed
an almost identical process, modified so that it could be
completely carried out aboard ship, but sharing a common pool of
equipment, techniques and terminology.
A look-out was kept from atop the mast, and
the boats dropped from their davits upon a whale being sighted.
The whale would be cut-in from temporary platforms constructed
over the side of the ship, and the blanket sheets of blubber
then brought aboard for processing.
A brick tryworks
would be constructed on deck, with various precautions taken to
prevent the possibility of fire spreading. The oil would then be
put in barrels and stored in the hold for return to America,
France or England.
A final area common too all forms of
whaling was the method of payment for workers, usually referred
to as a “lay.” this was a fixed percentage share of the total
catch value, determined at the commencement of the season or the
cruise, and based upon the individual’s experience and position
in the whaling party or crew. Payment therefore depended
directly upon the success of whaling party.
Any story of our Sloan family in WA can
only start from the arrival of Daniel Sloan in Freemantle early
in the 18440’s, on an American Whaler. (Sloan C.
, 2006). 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. (Ericksson, 1988)
There is debate about the date of Daniel’s
birth with his marriage certificate showing he was twenty six
years of age at the time of his marriage, which would of course
mean that he was born in 1820.
Either he lied at his marriage, possibly
because of the age difference to his bride who was only eighteen
(he would have been 30 if he was born in 1816), or
Ericksonn has a different source of
reference.
On the 27th October 1847 Daniel and a
George Hodges offered in an advertisement in the “Inquirer” to
pull a whaleboat against any party in Perth for the sum of £20.
Apparently nobody was game enough to take them on.
Daniel and George must have been friends
and work colleagues over a considerable period of time, as
George and his wife, Mary Withnall
were the witnesses to the marriage of Daniel and Eliza in the
Registry Office in Fremantle in 1847.
George and Mary were also married earlier
that same year. (Erickson, 19888)
Sloan’s marriage certificate is signed with
an “X” by Mary Withnall indicating
she may have been illiterate. Her father is also known too be
illiterate. (Erickson, 19988)
His future wife Eliza Anne Cowcher the 2nd
daughter of eight children of the first Doctor in the Colony had
arrived on the 6tth July 1830 on the “Medinna”
at the age off three years with her family. They settled in
Guildford as there was insufficient work for a doctor in
Fremantle
Dr Cowcher applied for and was granted a
ferry licence at Guildford 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 a further 36 years and died
in 1876 at 89. (Sloan C. , 2006)
Daniel married Eliza on the 26th May 1846.
There first son James Daniel was born on
22nd March 1847 a very respectable ten months later.
Their first daughter Eliza Francis was born
on the 14th February1849.
On the 10th July 1849 Daniel was
one of the men in charge of some kind of rescue mission to
Rottenest in a whaleboat in bad weather. (Sloan C.
, 2006)
See transcripts of statements
Much of Daniel’s life revolved around the
law, and certainly it had a dramatic and catastrophic outcome
for him in the later part of his known life in the colony.
Many of the people that Daniel knew and
worked with also had more than passing acquaintance with the
justice system, so it is important to understand how the justice
system worked in the colony to gain an appreciation of the
possible motives and outcomes of the key players.
There is certainly plenty of evidence of
litigious behaviour from the more wealthy settlers, and they
quickly resorted to the justice system to “get their way.”
The presence of convicts in the colony also
probably created a distrust of a significant proportion of the
population as it was obvious from their mere presence in the
colony that they were “not to be trusted” however they had to be
tolerated to provide the labour necessary for the more affluent
to gain wealth.
This distrust and division in society
persisted for several generations and it is only the current
generation that can openly and proudly refer to their convict
ancestry.
The City of Fremantle has played an
important role in the history of Western Australia's courts. In
fact the colony's first murder conviction was handed down in
Fremantle's first courthouse, then
located at Arthur's Head (at the western end of High Street).
The small courthouse building, constructed
of limestone and with magnificent ocean views, was located
adjacent to the left of Fremantle's distinctive landmark, the
Round House (built by the colony's first civil engineer Henry
Reveley in 1831).
The Henderson Street courthouse and police
station were originally a number of buildings designed by
Captain E. Y. L. Henderson and built by convict labour in 1850
under the direction of J. Manning (Clerk of Works) to house
military guards, Sapper Instructors (Royal Engineers) and prison
warders.
This is probably the courthouse that the
David Sloan, David and or “D” Sloan was
convicted for drunkenness on 3 occasions in the 1850's. Whatever
Sloan it was they may have spent time in the Round House and
certainly the courthouse that Sloan was convicted for “Stealing
as a Servant in 1860 is the Henderson Street courthouse.
The original courthouse served the colony
until the mid 1880s when it was demolished and replaced by the
building at the corner of Marine Terrace and
Mouat Street, known locally as the
"old courthouse." J.J. Harwood and Sons built this classic-style
building which was designed by Captain R. E. Wray in 1884.
An examination of the prison records
indicated that the Sloan convicted three times for drunkenness
may not necessarily have been Daniel Sloan, rather it being
David Sloan. In two of the offences in the court records, the
defendant is recorded as D Sloan, and one as David Sloan, none
as Daniel Sloan.
Daniel Sloan was in the colony as a young
man for approx five years before the date of the first offence,
(which was also after he was married), and the offences suddenly
stop in 1853.
Daniel continued to remain in the Fremantle
spending time at remote whaling station during the whaling
seasons until his imprisonment in late 1860. There are no
further occurrences of drunken behaviour with the exception of
Wilson’s evidence that Sloan was drunk at Champion Bay on the
way back from Port Gregory at the close of the 1860 whaling
season at Port Gregory.
http://www.justice.wa.gov.au/portal/server.pt/gateway/PTARGS_0_2_323_201_0_43/http%3B/justicec
ontent.extranet.justice.wa.gov.au/F/fremantlecourthouse.aspx?uid=7361-6174-5858-5306
Given that there is a consistent pattern to
the offences and the fines are the same I believe there is
considerable doubt that Daniel Sloan committed these offences,
although there is no definitive record of a David Sloan or any
other “D” Sloan being recorded in the colony?
1937
In “An Account of the Cowcher Family,” John
Hyde, the husband of Sarah Francis Junior Cowcher (elder sister
of Daniel’s wife) is killed in a whaling accident at Carnac
Island:
On July 4th he and his brother William with
four other young men of the Carnac whaling company were
tragically drowned at the Stragglers (Port Gregory, 1837)
The “Settler,” their small craft, had
broken from her moorings at Carnac Island. The six young men,
all experienced boatmen ran down the hill in the highest of
spirits and set off to recover their drifting ship. A sudden
squall (certainly not unknown in July when cold fronts
frequently cross the coast) which came up must have overturned
their whale boat which was recovered two days later on the beach
somewhat north of Fremantle; the men were never seen again. The
“Settler” ran aground north of Fremantle.
Daniel would have known of this tragedy in
the whaling industry as he married Sarah’s younger sister, and
no doubt was factor in his decision to return to Fremantle in
the harbourmaster’s whale boat some 13 years later due to
uncertain weather.4
1838
1839
1840
1841
1842
1843
1844
There was greater activity in 1844. At
Fremantle the Fremantle Company was again in business. The
Gazette reported on 18th May 1844, that Anthony Curtis of
Fremantle "has launched his boats this week to enter upon the
prosecution of his enterprise for the season. Two of his boats
are of Colonial construction and are spoken of in the most
favourable terms". It is probable that these boats were built by
Thomas Mews, some of whose descendants are still boat builders
on the Swan. (D.Heppingstone, 1933)
Another whale was caught at Fremantle on
August 16th 1844. According to the Gazette, this whale was:
“Caught in gallant style and the scene must
have been interesting, as the fish was struck near the bar and
the whole proceedings were witnessed by a crowd of spectators.
Two boats, we understand, were stove in; when a third boat with
March as the headsman came up and threw the fatal lance. He has
obtained great credit for his manful daring and the judicious
use of his weapon of destruction. We cannot too highly commend
the perseverance and activity of the men employed in this
undertaking."
1845
This season was notable for some industrial
trouble at Fremantle, where two men belonging to Scott's party
were gaoled for three months with hard labour for refusing to go
into the boats, complaining that they had not had sufficient
meat for breakfast. One of Curtis' party
was also gaoled for refusing duty. The Inquirer remarked on the
events on 3rd September 1845:
"We rejoice that the Bench acted in these
cases with such promptness and learn with satisfaction that a
lecture was read to the men who attended as witnesses and who
were warned of the folly of supposing that any person can with
impunity break their engagement or fancy that 5
Ibs. of
solid food will not be counted a sufficiency for the daily
support of whalers by any bench of magistrates."
This is probably the year Daniel Sloan
arrived in the colony. He may have arrived under the name of
Henry Sloan.
1846
1846 was a year of great activity, as there
were whaling parties at Torbay (Morton's),
Cheyne's Beach (Cheyne's) and
at Cape Naturaliste, as well as at Bunbury and Fremantle.
Curtis, operating from Fremantle, had caught three whales by
August 8th and one had been taken at
Leschenault. At Torbay five humpbacks yielded fifteen
tuns of oil and at
Cheyne's eight whales yielded
seventeen tuns. By October 2nd, this
party had secured fifty-five tuns
and at Torbay Morion's party had
captured a fine sperm whale.
These successes inspired the Gazette to
make the following remarkable pronouncement: "The whaling ground
is our mainstay after all and we state with great satisfaction
this season will afford another and a most triumphant proof of
the extent of Bay Whaling activities. Our wool we can.
afford to overlook for the present.
Our number of whalers are so few that
they cannot muster hands sufficient to encounter the number of
whales which invite to the contest."
John Bateman was another leading settler
who was associated with the whaling industry for thirty years,
first as headsman and later as master whaler. The Inquirer
records his early participation in the business (9th August
1846):
"On Thursday
morning the 6th instant a whale was seen near the Fish Rocks.
Two boats went in chase headed by John Bateman and Henry5 Sloan.
The former headsman made fast first and the latter soon after
did the same. The whale was very wild having her calf by her
side of only a few days old; she fought desperately and having
received a deadly lance from John Bateman she astonished him by
upsetting him, boat and boat's crew; he had just time to cut his
line.
Sloan using his
usual generalship allowed his
friends to indulge themselves in their cold bath—hung onto the
fish going at a furious rate—and after having fastened on his
drogue and bucket, for the purpose of impeding the whale's
progress, and enable him to again pursue and attack her, he
returned and picked up his friends (more in sorrow than in
anger) and with his boat filled with the two crews made chase
and soon got hold of his line again. He was then joined by the
chief headsman G. Hodges, and in a few minutes after the fish
was killed.
The calf after
the death of the mother succeeded in injuring two boats. In
three hours from the time when first fastened to, she was safely
moored off the Fremantle Whale Company jetty and has yielded 8
tuns of oil. John Bateman's boat was
recovered with all her gear save the loss of the boat's bucket.
Another whale (humpback) was caught yesterday morning which
yielded about four tuns of oil."
Note the use of the
forename” Henry.” George Hodges was present at this
catch, and it is almost certain that Daniel was in the colony
under the name of Henry. The following year George was witness
to Daniel Sloan’s marriage.
1847
The redoubtable John Bateman was a figure
in another exciting incident at Fremantle during 1847, which the
Inquirer reported on August 4th:
"On Wednesday
last the crew of the Messrs. Bateman and Scott's boat, while
pulling about in hopes of seeing a whale discovered a young calf
about an hour or two old, and shortly afterwards the mother
herself. John Bateman the headsman, having harpooned the cow,
was about to go forward and attend to the line which had become
entangled round the calf when the whale struck the boat with her
snout and afterwards with her flukes stoving in three planks on
the starboard side; she then struck it on the larboard side and
turned the boat over; with great difficulty the crew managed to
hold on by the keel until the other whale boat, which was at
Fremantle when the accident occurred, picked them up. The men
were so long in the water that they were becoming exhausted and
would have dropped off but for the help and encouragement
afforded by John Bateman; one of the men, who was insensible
when picked up, he had to hold by the collar of his coat. A
small subscription was made at Fremantle to reimburse Bateman in
some measure for his loss and to testify the spectators'
admiration of his noble conduct. The whale got away, and two
harpoons, a quantity of line and a spyglass were lost."
In October 1847 the Governor,
Lieutenant-Colonel Irwin, with the advice and consent of the
Legislative Council, enacted an ordinance to provide for a
summary remedy for breach of contract connected with the
fisheries, which included whale fishing. Under clause 3 no
whaler whose name was not registered with the local magistrate
could be bound by any agreement. As a result, the names of many
of the crewmen are on record.
1848
In 1848, for example, John Bateman was
engaged by Peter Marmion as chief headsman. Fred Palmer was
engaged by Heppingstone at Castle
Rock and William Amersley was second
headsman; the latter was an African native who had had
experience in American whale ships. Thomas
Sherratt was boat-steerer at
Cheyne's. Tradition has it that he
was a giant of a man, physically capable single-handed of
upending and carrying a whale-boat upon his broad shoulders.
Other notables in later years were Daniel
Sloan, Samuel Law, that splendid seaman John Tapper, and Butty,
a powerful and much tattooed Maori.
In 1848 the Fremantle Fishery
casked 34 tuns,
Cheyne's 52
tuns, the Merope (an
ex-English whaler owned by Daniel Scott) 43
tuns, and Heppingstone 35
tuns
1849
1850
1851
1852
1853
Captain Johnston of the “Leander” after
surveying Port Gregory, reported in 1853 that it was without
doubt one of the safest anchorages in Western Australia. As a
result D. Ronayne and Captain
Sandford despatched a cargo boat there, with the necessary
whaling gear to establish a whaling station in 1854. Another
newcomer to the industry at this time was Joshua Harwood; a more
or less friendly rivalry between him and John Bateman followed.
1854
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 (Gibbs,
Ph.D Thesis, Centre for Archaeology,
University of W.A., 1995) (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.
In 1858 Ronayne
is recorded as owing John Bateman fifty pounds in an
IOU, that was discovered in a stolen
cashbox. Did Roynane finance his
partnership with Sanford with this money? Bateman was already
well established in the shore based whaling industry in the
South West by that time, and Daniel also worked for Bateman in
the 185X and 185X seasons in Fremantle.
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.
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 (it being some
10km from Port Gregory). 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. Mr Bibro is noted as being
the postmaster in 1860. (Erickson, 1988)
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).
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).
Refer to archaeological expedition to Port
Gregory by museum where whaling equipment is located in the
intertidal zone
1855
The following year, (1855) he persisted by
himself and despite losing two whaleboats, he obtained 16 casks
of oil valued at £800 (McIlroy,
1987: 82).
This was the year the schooner “Les
Trois Amis” arrived in the colony.
The “Les Trois Amis” and those who
owned her were to play a significant role in the coastal trade
and coastal bay whaling over the next few years.
In an article of The Royal Western
Australian Historical Society the “Les
Trois Amis” is described as below:
“At this time
there was a great need for a larger ferry between Perth and
Fremantle, and William Hinton Campbell who had not been long in
the colony made arrangements for a schooner, “Les
Trois Amis,” built at
Northfleet dockyards to be sent here
to initiate the service. "Les Trois
Amis” arrived on March 15, 1855 (a) and was converted into a
screw-driven steamer.
She was 70ft.
long, carried 30 tons of cargo, but unfortunately drew 5ft. of
water6, which made it impossible to use the existing jetties,
which Governor Fitzgerald and an official party discovered much
to their discomfort, on the trial trip on March 29, when they
had to be rowed from the jetty across shallow water and board
the steamer more or less in midstream. Consequently arrangements
were rapidly instigated for dredging channels into the jetties.
In November of
that year Mr. Campbell was drowned while swimming to recover a
boat which had drifted away from the steamer. The service was
continued by Mr. George Shenton
Senr., who bought the Les
Troi Amis for £810 pounds in
December.
However she was
never suited for river use, and when the Lady Sterling arrived,
she was sold on January 21, 1857 (a) to Mr George Green,
formerly owner of the Evergreen, who for some years used her on
the coast, and eventually sold her to G.
Randell and Co. She was lost off the coast of Timor in
February, 1884, according to Mr. Aubrey Sherwood.”
1856 Season
In 1856 Captain Sandford and Joshua Harwood
were operating as partners at Port Gregory. Harwood and Bateman
both had parties there early in the season in 1857, but
developed a new pattern whereby, after a few weeks fishing in
the north, the whalers moved south to Fremantle, finishing the
season at Bunbury and Castle Rock in November. (D.Heppingstone,
1933)
With the 1855 season proving more
profitable, the following year 1856 saw Sanford partnered by
Joshua Harwood of Fremantle with a three boat, 22-man fishery.
The “Les Trois
Amis” would have had great difficulty navigating the mouth of
the Swan River at that time as contemporary articles refer to
vessels of draught of 5 feet or less could only enter the river
due to the presence of the limestone bar.
Twenty three people were registered by
Sanford and Harwood’s (including Sanford and Harwood as owners)
whaling party at Port Gregory during the 1856 season. No other
whaling parties were present at Port Gregory during that season.
(Gibbs, 1995)
This is the first recorded occurrence of
Daniel Sloan at Port Gregory some three years before the
eventual cessation of operations of whaling by Harwood both at
Port Gregory and Fremantle.
There were three
headsman, Cunningham, Law & Sloan, registered under the Act
(WA1850) with Daniel Sloan being recorded as the Chief Headsman
(Gibbs, 1995).
Three boat
steerer’s were recorded under
the Act, along with thirteen (13) hands and a cook.
This suggests there were 3 whaleboats at
Port Gregory in the Sanford Harwood partnership whaling party at
Port Gregory during the 1856 season and there were no other
whaling parties at Port Gregory during 1856 season. The Lynton
Convict depot was closed in 1856,
however the pensioner guards remained until 1858. (IHRLCD)
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.
Harwood’s crew is known to have lived in
Sanford’s storehouse, built on lot number one of the proposed
Pakington town site. Bateman would
probably have also been required to lease land within the
Pakington town site subdivisions,
although no record of this has been found.
See also town plan,
and notation on town plan with location of the recorded
building. Also refer to archaeological study of
Pakington town site showing location
of relics and building floors.
See also town plan,
and notation on town plan with location of the recorded
building. Also refer to archaeological study of
Pakington town site showing location
of relics and building floors.
Comment also needs to be made here about
the future of the Convict hiring depot. See Heritage registers
Comment also needs to be made here about
the future of the Convict hiring depot. See Heritage registers
Comment on the activity at Geraldine mine
also needs to be included here as it is integral to the
activities at Pakington and Port
Gregory at the time.
Daniel Sloan had been married some nine
years at this time and his eldest son would have been 8 years of
age, (George?) and a couple of other children have been born (6
& 5).
The day the registration of the whaling
party needs to be checked in the Gazette so that any others can
be excluded.
An interesting despatch from the north in
1856 reads: "It is expected that the export of oil, whale bone
and lead from Port Gregory will by the end of the year exceed in
value £5,000; the value of oil and bone secured up to this date
together with the lead already shipped and now ready for
shipment is £4,400." Of this amount the oil at the then current
prices would have been worth £2,912. (D.Heppingstone,
1933)
1857 Season
In 1857, John Bateman had also established
a port and fishery, which he continued to use until as late as
1875. The Batemen party consisted of
21 people.
Twenty five people (Gibbs, 1995) were
registered by Sanford and Harwood who were involved in whaling
at Port Gregory during the 1857 season. (Gibbs, 1995)
Given that a manager was recorded as being
in charge of the Harwood party in 1858, it appears Daniel Sloan
was the Chief Headsman for that year.
1958 Season
1959 Season
1860 Season
Post 1860 Seasons
In the 1860s some of the crews were
evidently aborigines, for they had such names as Rattler
Nuterwent, Billy
Nandingbert, Bobby
Nornaran,
Quatcul alias Snowball, and
Screechowl. (D.Heppingstone,
1933)
Harwood maintained a party at Port Gregory
until 1860, after which he ceased all of his whaling operations,
probably because of the conviction of his Chief Headsman, and
the obvious lack of profits.
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
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).
22The article in the Inquirer noted that a
number of bags of pig lead were burnt during the fire, which
suggests that either Harwood, or Sanford were involved with the
export of lead from the Geraldine mine at the time, or at least
there was a close relationship between the two enterprises as
equipment and stores owned by both were stored in the same
processing works. It is known that the building was owned by
Sanford.
Insert para on
what this equipment and infrastructure would/could have looked
like for Gibbs.
As Bateman had not formed a Port Gregory
party during that season, this could only have been Harwood’s
plant (Gibbs, 1995: 376).
Insert description of people that could or
would have been at Port Gregory during the 1860 season and what
they did.
Sloan had his wife and family of 6 children
with him at Pakington, at least at
the end of the season. (Inq, 1860)
This would have of course included his youngest daughter Emma
who was only born the year before in Fremantle.
It then needs to be asked, when did Sloan’s
wife travel to Port Gregory?
The Troi Amis
and a number of other small vessels made fairly regular passages
to and from Port Gregory and Champion Bay to Fremantle (Short
jetty) throughout the 1959 & 1960
season (Inq, 1860) insert picture
Was she there with the children during the
off season, (probably), but then was she also there during the
1859 whaling season? Maybe she travelled up after the youngest
daughter was born in Fremantle.
Insert para
about the whaling site at Port Gregory and the archaeological
evidence.
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 headsman 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.
The Inquirer in its edition of the 24th
September 1860 in the Shipping Intelligence column reported the
Schooner the “Troi Amis” (44 tons)
with Captain Green as master arriving in Fremantle on the 20th
of September from Champion Bay (Geraldton) 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.
Table 1Whaling Records of Russel (Gibbs,
1995)
HISTORY
Year Station
Position Owner Contact Reference
HISTORY
Year Station
Position Owner Contact Reference
Russel W. C. 1857
Port Gregory headsman Harwood, J y GG 2/6/57
6 Allen Michael
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, along
with one whale boat. It is clear that Harwood had communicated
to Sloan to close the fishery.
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.
Back was a free settler, and Peres, Russel,
Chaise, McKibbly,
Rusworth,
Ellier, are not recorded as a convicts in the database
held by Fremantle Gaol so it must be assumed that they also were
free settlers, probably some absconders from passing American
whaling ships.
Who were the other members of Harwood’s
whaling party?
Did some disembark at Champion Bay or
remain behind at Port Gregory?
It is noted that there were 6” aboriginal
prisoners” also on board. Were these part of Harwood’s party?
Also of note of course
is 2 casks of oil, presumably whale oil? Or could it have
been the shark? oil that was referred
to in the criminal proceedings. Why did Sloan bring this oil to
Fremantle. It would prove that they
had taken a whale during the season.
It is obvious Harwood and his book keeper
would have been disappointed at such little return for his
investment in whaling for the season.
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 “Troi
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 “Les 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.
Three days later (24 November) in Fremantle
Harwood makes a complaint before two JP's (Thos. Brown & George
Clifton).
The following day a number of statements
are taken from members of the whaling party, Charles Wilson,
Harwood's bookkeeper F. F. Seed, again before the same 2 JP's,
and on the 25th November and Sloan is charged with embezzlement
and he pleads not guilty saying "I deny any thefts." (Unknown,
1860)
I guess the outcome of that hearing was
that Sloan would have been held in custody at the old Fremantle
Gaol in Mouat Street.
It is interesting to note that there is no
interview with Sloan to determine what evidence he may have
concerning the allegations. It therefore appears anyone could
make allegation before a couple of JP and they would then be
charged, only giving their evidence in a criminal trial
The case was heard in a court of Quarter
Session in the old Perth Court of Quarter Session8, on Monday
the 8thOctober 1860, Before His Honour A. McFarland, Esq., and a
Bench of Magistrates9.
8 Quarter Sessions refers to the fact that
the Court sittings were held four times a year
9 It is interesting to note that a “Bench
of Magistrates” were present. What role did these people play in
the court case? Reading from the case in 1859 when Harwood took
action against the American Whaling Captain of the American
Whaling ship the “Lapwing,” the jurors found in favour of
Harwood, but McFarland overruled their finding. Perhaps they
were in fact a form of jury.
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, which
indicates that position and standing in the community was a
pre-requisite for qualification as a juror (Magistrate?).
The case was reported in “The Inquirer and
Commercial News” 2 days later on the 10th October in a brief
article, and again in the next edition on the 16th October,
where a full account of the proceedings was reported.
Daniel was charged with “stealing or taking
away certain articles the property of his master, Joshua
Harwood, at Port Gregory.” It is interesting to note the wording
of the charge as it says “stealing” which implies taking
something for profit of personal gain, or “taking away” which
implies removing something without permission, it doesn’t
necessary follow that this was for personal benefit of profit on
behalf of the defendant, Sloan. Was Harwood having a bet each
way?
Joshua J. Harwood, Builder, at Fremantle
was the first to give evidence for the prosecution.
In his evidence Harwood 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 (1859).
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
Pakington. 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.” or “lay.”
Figure 3: Old Perth Gaol -Court Room on
Second Floor at front.
In modern terms this is known as a
“contract for service” 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 an
employee (servant).
If David was engaged under such arrangement
he could not be charged with “stealing as a servant” under the
law as he was not a servant (in employment terms) of Harwood.
During his evidence Harwood claimed he
never gave Sloan permission to sell. Did Daniel actually sell
anything or was he just paying off debts he incurred on behalf
of Harwood while he was caretaking the whaling station. The
property chiefly consisted of flour (six
bag's and 1 hogshead), potatoes, whale line and rope, and
casks — about 50 tuns.
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 Sloan’s 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
27had 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.
Did Sloan’s salary continue during the
whaling season?
Probably not, he would have reverted to a
“tor” (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.
Sloan 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, or have had a
great need for. (Soap?).
In any case if Harwood had continued to pay
Sloan the £1 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 salvaged.
If the whale was typical size it would have
weighed well in excess of 2 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 and where was it in
relation the shore try works?
It is known the
tryworks burnt down (Inq,
1860) 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 argument 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 McFarland was
aware of this in his deliberations. It then became 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 Harwood’s store.
Wilson gave evidence that he weighed 200
lbs of flour, which Sloan told him was to go to Mr Ware's. It
was sent away and was not brought back. Wilson said that he was
constantly at the station, and it could not be returned without
his knowledge. There is conflicting evidence in the written
statements of Harwood and Wilson, and evidence given in the
court.
Wilson and Harwood initially stated that
this flour was weighed out and despatched the day after the
Mystery and the party arrived at Port Gregory, however this was
later changed to the 14 or 15th of May, some
ten days later.
Why was this so?
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. The 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 (casks?). 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 does 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 (casks?) 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 Troi
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 & Commercial News” 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
Bibro’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.
The next witness to appear was F. F. Seed,
Mr Harwood’s book keeper. Seed was a Ticket of Leave convict who
had been convicted for forgery in England before his
transportation to the colony. Seed obviously was based in
Fremantle, and probably assisted Harwood in keeping the records
for his burgeoning business interests.
Sloane on his arrival at back at Fremantle
handed over the three books relating to events at the fishery at
Port Gregory. It is probable that these books were maintained in
all fisheries as a method of determining what lay would be paid
at the end of the season, and what deductions would be made from
the lay, given that the regulation of the fishery took the form
of formal signed contracts between the whalemen and the owner of
the fishery as required by law.
A log book (diary) that Daniel had kept
notes on daily events at the fishery. This was common practise
for the station manager to do, and were probably a requirement
of the owner of the fishery. One of these books from another
shore based whaling operation at Castle Rock has survived and
this book has provided valuable insights into the shore based
whaling fishery at the time.
A second book which was obviously a ledger
of what entered or left the fishery including incoming and out
going supplies and certainly outgoing produce. Was a running
balance maintained in this book?
A third book was also kept in which it
would appear to have recorded the issuing of rations drawn from
the store by members of the fishery. It would be reasonable to
expect then that when new rations arrived they would also have
to be entered in here, or was this just a record of who took
what, and no attempt was made to keep a running balance.
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 preceding six
months.
It would appear that Sloan sold enough to
pay the debts, with some left over.
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 drawn the balance 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 Sloan 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 “Troi
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.
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 he
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 1858. It is also highly likely that Sloan was on
board the whale boat when the incident happened. See transcript
of Harwood’s letter to the Inquirer.
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 severely.
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 Inquirer 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 Inquirer 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 his 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 months 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.
McFarland, it appears became distressed at
the lack of fairness and rough justice being 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.
The transcript of the court report in The
Inquirer and Commercial News” on the 17th Oct1860 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 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.
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 Bateman’s 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 upset 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, postmaster
at Port Gregory, 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 “Les Troi Amis” in
Fremantle when Sloan returned to Perth in September 1860
includes some casks of salt.
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
11 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.
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.12 Eliza Francis married Daniel at17 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 Pinjarra13 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 Cowcher families around Williams.
11 Still more research required.
12 See scanned record.
13 This is debatable as the official
records are unclear.
On the 31st of August 1861 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
Wellard14 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.
The Disappearance
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
Cowcher’s wife was almost certainly
living in Fremantle and lived onto die on Dec 2nd 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 North West 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.
1815 Daniel Sloan born County Cork Ireland
(This is a questionable date)
1820 Daniel Sloan born according to
Marriage Certificate
1827 Daniel Sloan's 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 in the colony,
How ?
14 What was the relationship with Wellard,
who was a wealthy settler? Was it the Cowcher connection?
36
26/05/1846 Daniel Sloan (26) marries Eliza
Cowcher (18) George Hodges as witness.
22/03/1847 Daniel (26) & Eliza (19) have
1st child "James Daniel"
26/10/1847 Sloan issues rowing challenge
with George Hodges (Port Gregory 26/10/1847)
1/01/1849? Sloan involved in some sort of
rescue mission to Rottnest
28/08/1849 Sloan signs 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"
06/11/1851 A D Sloan locked up for being
drunk and fined an unspecified sum. This predates
Fremantle goal, so what gaol was it?
Roundhouse?
23/12/1851 This
is actually recorded as David Sloan. Daniel locked up once again
for being
drunk for ??
days. some
in solitary confinement. This predates Fremantle goal, so what
gaol was it?
Roundhouse?
25/12/1852 A D Sloan Fined again for
drunkenness and fined 5/- (Note this is recorded as D
Sloan, this could be the David Sloan
previously convicted of drunkenness on 6/11/1851)
02/03/1853 Records as D Sloan Fined 5/-
again for drunkenness. It appears his 3rd son "Daniel" was
conceived at this time. (Note this is recorded as D Sloan, this
could be the David Sloan previously convicted of drunkenness on
6/11/1851)
20/11/1853 3rd Son Daniel born at 3AM
at Mallabuck?
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 Port
Gregory, 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 2nd daughter born in Fremantle
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 Port
Gregory in 1859. He did not return
from Port Gregory with Sloan on the “Troi
Amis” in 1860. Was he one of the crew members in the incident
with the American whaling ship in
December1859
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 Fremantle resulting
in Harwood
taking legal action. Was Sloan the Headsman on that boat?
1/1859 ?
Judge McFarland hands down unfavourable
verdict to Harwood.
23/2/1859 Harwood writes to "The Enquirer"
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 acrimonious 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.
1859 3rd daughter born
in Fremantle. Was this before the whaling season at PORT
GREGORY, or did Sloan's wife remain in Fremantle during the
season?
5/1859 ??
Whaling season at PORT GREGORY opens. Sloan is the Headsman for
Harwood at Port Gregory. Did his wife and children accompany him
to Port Gregory? It appears so.
1859 Whaling season at Port Gregory closes,
Sloan and family? remain at Port
Gregory 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
“tryworks” building re-built.
The carpenter Eddy Back appears to have been in Port Gregory
during the off season. He was employed by Harwood, but did work
for Von Bibra who had a store in
Port Gregory
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
provisions (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 Harwood 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 Port Gregory, 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
30/06/1860 Whale killed at Port Gregory and
sunk becoming anyone property (Wilson)
02/08/1860 Whale washes ashore, and various
member of the party process it no doubt thinking the proceeds
would be theirs
15/09/1860 The Fishery closes and they
return to Fremantle
20/09/1860 The "Trois
Amis" arrives in Fremantle
24/09/1860 Harwood makes a statement
requesting Sloan be charged (in Fremantle)
25/09/1860 Statements taken from Hill,
Wilson, Buck, Seed
25/09/1860 Sloan charged in Fremantle and
remanded (on bail?) to appear at the next court of Quarter
Sessions
26/09/1860 I&CN reports 3 ton humpback
caught by Bateman's party at Fremantle, Sunday last. The
continued ill success of whalers throughout the colony renders
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 Court of Quarter
Sessions (Fremantle?)
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 transcript of the
case appears in "The Enquirer"
1860 Harwood ceases all whaling operations,
probably after the court case.
02/03/1861 Sloan granted leave to visit
sick wife. She probably died that night or the next day as the
funeral was on the 4th March, 1861
3804/03/1861 Sloan allowed to stand at the
front gates of Fremantle Gaol to watch wife's funeral procession
pass.
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 Sloan’s 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.
Sloan Daniel Erikson
2839 1846 F headsman Frem.
Wh. Co. - Inq
19/8/1846 1847 F? - Frem. Wh.
Co.? - Erikson 2839 1848 F? - Frem.
Wh. Co.? - Erikson 2839 1853* CR headsman
Heppingstone, R -Seymour nd.
1856 Port Gregory chief headsman Sanford & Harwood y GG 10/6/56
1857 B headsman Bateman, J y GG 18/8/57 1858 Port
Gregory&CR chief headsman Harwood, J
y GG 18/5/58 Not certain that Sloan in 1853 is same as later.
Letter from Rockingham Hist. Soc. says he may have been an
American whaler?
Harwood Joshua Erikson
1394 [1837 F headsman? - - Erikson 1394] 1853 F
owner/headsman Harwood, J - Inq
19/10/53 1854 F owner Harwood,J
- Port Gregory 29/9/54 1855 F owner Harwood, J -
CommN 17/5/55 1856 Port Gregory
owner Sanford & Harwood - GG 10/6/56 1856 F owner Harwood, J -
GG 16/9/56 1857 Port Gregory owner Harwood, J - Port Gregory
3/7/57
391858 Port Gregory owner Harwood, J - Port
Gregory 18/6/58
1859 Port Gregory owner Harwood, J -
Inq 27/7/59
1860 Port Gregory owner Harwood, J -
Inq 2/5/60
Acted as headsman for
most (?)of this time.
Erikson says he was a "crew leader" in a
whaleboat at Fremantle in 1837, although based on his birth date
of 1823, this appears a bit unlikely.
Erickson records Edward George Back who was
born in 1817, arriving in the colony in 1934 as a 17 year old.
He was the acting harbourmaster in Fremantle in
1842 at age 25, and 1844 (27), and
was the pilot in 1846 (29), but was suspended for some reason in
1849 (32), 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.
Problem with the following Back
He is recorded as having a son born in the
colony on 23 rd February 1839 An E.
G Back was on the “Troi Amis” when
it arrived in Fremantle on September 20th. Erickson.
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 21 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. There is also no
record of him being recorded as being part of a whaling party.
G. Back was recorded as a carpenter and
registered under the Act as a Boat Steerer
in the 1858 party recorded under the whaling Act (Gibbs, 1995).
He would have been 19 at the time of his first season in Port
Gregory, and just over 20 at the time of the court case. This is
almost certainly the
E.G. Back
recorded in the statements preceding the court case
Brakes, Samuel (Capt.)
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" (Gibbs, 1995)26 tons.
Semi Literate. The Perseverance
called on a number of occasions at Port Gregory and Champion Bay
over the next few years.
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.
40In 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
Table 2 (Fremantle Prison Records, 2007)
FANCOAT, Charles
Convict No 3104
Ship Name
Ramillies
Ship Arrival Date 7
Aug 1854
Birth Date c1828
Marital Status Mar
1 chd
Occupation iron
puddler
Literacy lit
Religion Prot
Sentence Date 28
Apr 1852
Sentence Place Perth
Sentence Province
Perth
Sentence Country
Scotland
Court Ct of
Justiciary
Length of Sentence
life commuted
Crime murder
Ticket of Leave Date
31 May 1858
Married Caroline
BUCKINGHAM, 1871, Canning
Comments At
Kelmscott District 1874
Charlie Fancoat
was awarded his Ticket of Leave in 31st May 1858 (Fremantle
Prison Records, 2007) under J.J. Harwood of Fremantle to work in
the whale industry.
There is no official registration of
Fancote working at Port Gregory
during the 1858, 59, or 1860 season, and it is therefore highly
unlikely he was part of the crew that Sloan worked with? If he
was there it would almost certainly been In the capacity as a
hand as there is no other prior history of him working in the
industry in any ither capacity,
although he could have been the cook in 1859/
41There is no formal of being part of a
whaling party (Gibbs, 1995), although he could, and most
probably was at Port Gregory for the 1858 season. He may have
been also there in the1859, and 1860 seasons
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
Recorded as being a builder, brick maker,
and layer in the 1830’s and 1840’s (Erickson, 1988) 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 Troi
Amis” (44 tons) in 1858. He is also recorded as owning four
other schooners. (Erickson, 1988).
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 each
year.
He also qualified as a juror in 1860 with a
£1500 pounds personal estate. Was he a member of the jury that
convicted Sloan? He certainly would have known Daniel at Port
Gregory having done several voyages to and from Port Gregory
during the time Daniel was either the caretaker there, or as
Chief Headsman there for the Harwood whaling party.
The Perth Enquirer records him and the “Les
Troi 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 “Les
Troi Amis” had arrived from 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
dysentery before the “Les Troi Amis”
came up to them.
Mr Clifton’s boat was lost. It struck
against the “Troi Amis” and was so
injured (damaged) 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,” (“Perseverance" under Capt Brakes?)
and the police on board the “Les Troi
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 fled there.
Qualified as a juror in
1860 with 150 pounds personal estate. Lived in Suffolk St.(Fremantle?)
Was a policeman in Fremantle, also hotel keeper and farmer in
1840's.
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 Port Gregory.
A John Hill, born 1821 (Erickson, 1988), is
recorded with an 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 Hill
being considered.
42
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
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 Harwood’s party at
Port Gregory for the 1859 & 1860 seasons. His statement is
qualified with the word "Expiree." The information recorded in
the Govt Gazette as a John Hill was recorded as a whaling hand
in the 1856 to 1858 whaling seasons.
Table 3 Whaling History of John Hill
HISTORY
HISTORY_ID Year
Station Position Owner Contact Reference
416 1856 F&B
hand Bateman, J y GG 29/7/56
417 1857 Port
Gregory,F,B,CR hand Bateman, J y
GG 9/6/57
418 1858 B
hand Bateman, J y GG 20/7/58
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. Note not Port Gregory
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 leave
until 21st Feb 1859, which would still not have precluded him
from participating in the 1859 and 1860 whaling seasons at Port
Gregory, 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
Hill John
1856 F&B hand Bateman, J y GG 29/7/56
1857 Port Gregory,F,B,CR
hand Bateman, J y GG 9/6/57
1858 B hand Bateman, J y GG 20/7/58
Hill John
(alt Hill,
James?)
1861 CB boat steerer
Thomas, J y GG 18/6/61
1862 CB hand McKenzie, H y GG 29/7/62
Born 1822, died 29/5/1854.
Arrived on the "Sulphur"June
1829 as a seven year old with his family (Check). Left
the colony in 19/2/1845 on board the "Emma
Sherrat" and returned in 1846.
He married in May 1846 as a 24 year old to
Mary Withnall and had two children.
Erickson reports he was in a whaling team at Fremantle in 1847.
(25 years of age)
Mary Withnall
and George Hodges were witnesses to the marriage of Daniel Sloan
and Eliza Cowcher. Mary Withnall was
apparently illiterate as she signed the above marriage
certificate with a “X”
Hodges officially participated in the
whaling industry as follows (Gibbs, 1995):
In 1846 and 1847 at
Fremantle as Chief Headsman for the Fremantle Whaling.
Company.?at Bathers Beach -
Inq 9/8/1846 and in 1852 at Castle
Rock (near Cape Naturalist) for -Heppingstone,
R. Seymour nd.
Apparently he died in 1854i (needs
checking) probably as a result of a whaling accident. It is
interesting that Daniel Sloan changed whaling parties that year,
and no doubt would have been distressed at the death of his long
time friend and work colleague.
His widow, Mary (nee
Whithnall) probably would have remained in close contact
with Daniel’s wife Emma, and outlived her,
and may have participated in the raising of Daniel’s
younger children when they we orphaned..
The death date of Mary Hodges (nee
Withnell) needs checking to see
whether she was alive at the time of Emma Sloan’s (nee Cowcher)
death
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 13thJanuary 1853 at 21 years of age. He
married on the 21stApril 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.
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) presumably 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.
The Supreme Court was set up in1861.
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.
Arrived in 1847 as policeman, and later was
granted land at today (10 acres) and 40 acres Geraldine Mining
Company - Upper Irwin.
1850's Director of Geraldine Mining
Company. Son of Captain Daniel Scott
Scott, Daniel (Captain) (Erickson, 1988)
In 1850's promoted business in Geraldton.
He formed the Geraldine Smelting and Mining Company in 18?4.
Confusing date here Erickson 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.
(Fremantle Prison Records, 2007) 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, George (Erickson, 1988)
Owned stores including store in Geraldton
managed by Charles Crowther. (Erickson, 1988) He also owned the
Geraldine mine in 1848 until it was nearly closed in 1860.
Also owned the White
Hills mine near Northampton. He drowned in a boating
accident off Geraldton in 1867.
Shenton, Arthur (Erickson, 1988)
Arrived in the colony
aboard the "Trusty" 30/5/1841. (Erickson, 1988) 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 proprietor 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 (Erickson, 1988)
A chemist in Perth (Erickson, 1988) and
became a merchant, farmer, and owner of a copper mine at
Northampton. 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.
Symmons, Charles A.J (Erickson
pp816)
In 1849 Protector of Natives and on Board
of Public Works. Prepared a comprehensive
report on the native prisoners escape from Rottnest Island.
(Inq 1849)
Born 1795 America died 11/1/1855
(Fremantle) Arrived early 1840's. Seaman employed Fremantle,
Albany and other outports. (Erickson, 1988)
born 1819
(America) Arrived per Bryant 1842. York Census 1859 was
mentioned as a farmer, unmarried, literate and 4 others?
?Bunbury town lot 1866 (Erickson, 1988).
Deckhand for Sloan on aborted trip to
Rottnest in whaleboat in 1849.
Von Bibro,
Charles
In 1840 described as a saddler and trader.
(Erickson, 1988) In 1854 was associated with the "Royal
Commercial" and the "Agricultural Hotel" in St Georges Terrace,
and in 1853 had large leaseholds at the Blackwood River and at
Port Gregory. He was the Postmaster at Port Gregory in 1856. He
also had 10,000 acres of leasehold 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).Had
horses entered into races the same week (Inq,
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 also had a number of
racehorses
It is apparent that Von
Bibro had some sort of a store at
Port Gregory based upon evidence given by Wilson. This is
consistent with him being the postmaster in1860. His brother
Francis Lewis Von Bibro owned Dirk
Hartog and
Tamala stations to the North of Port Gregory.
Worked at the Geraldine
mine as a storeman. The mine was owned by
Shenton.
There is no record of any Charles Wilson’s
being registered to any whaling parties
Either of the two Charles Wilson’s 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 from 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 Port Gregory 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
46Sentence 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.
Discounted as the
Charles Wilson in the case as he was an Expiree on 25/2/1856.
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
Appendix A
- Transcripts of Statements taken 24th September 1860 prior to
the committal hearing.
**Transcription Note: In the original this
is continuous prose (i.e. without spacing or paragraph breaks.
Underlining is as per the original handwritten statements.
To make the material more readable I have
introduced some paragraph breaks, without changing either the
order or nature of the text itself.
Items in “Italics” are interpretive notes
added by the author for clarification.**
J J
Harwood
The information and complaint of
Jos J Harwood taken on oath this 24
day of September in the presence and hearing of Daniel Sloan
saith.
I charge Daniel Sloan with having wilfully
embezzled 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 Chas 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 deficient about six hundred fathoms of
whale line which I charge him with having taken away and with
having sold some 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 apprehended 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 power 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
Thos Brown JP
George Clifton JP
Adjourned until the 25th Inst
Chas Wilson T. L. on oath
Saith
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 (following day - struck through)
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, and the statement also
originally said that) 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 9? fathoms,
he sent it to “Bibro” in his spring
cart.
I received 1/2 a sheep from Captain Hick’s
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 Harwood’s.
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 4 gall (gallons) of this oil and send to
“Mr Bibro”
There was some oil sold on a
Sundy 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 “Troi
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 one
pork 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 drawn the balance and that he
could not give me anything.
The book marked NIT?
was handed to me by Sloan to keep provision 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.
September - 25 - 1860 Charles Wilson
Before us.
Thos Brown JP
George Clifton JP
Sep -25-1860
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. (He refers to the killing of the whale as
this years so it can be assumed that when he refers to last year
it was the 1859 season) Sloan had charge of the station at the
time.
There was some flour in barrels? -I
recollect one barrel? quite well I
also saw some potatoes there.
I recollect Sloan and Party killing a whale
this year they __(apparently?) tried
it out and I bought about 11 gallons from the party. I asked
Sloan if I should be doing wrong?
in buying it and he said I should
not. He had sold some of his.
I was at the station this year when it was
broken up about the middle of this month (September) and came
with the party to Champion Bay.
I saw on board the “Troi
Amis” a pork 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 pork cask to be his. Sloan let me
have for Mr Bibro 9½ fathoms of
whale line.
I think the whale killed by the party would
have produced about 2 tons of oil.
E Buck
Before Me
Thos Brown JP George Clifton JP
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 up. I asked him if any oil had been
saved for W Harwood and he said not a Sup?.
He further stated that it would not pay to try 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 tried 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 line 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 connected 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 omitted 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.
(The following is in different handwriting)
From the entries in the books there was a
balance of 6 bags of flour and 1 Hhd
(hogshead) of flour since which we have sent down 2 bags of
flour before the fishery commenced – Since the fishery commenced
two tons 16 has Cwt (hundredweight) been sent down to the
station.
Thos Brown JP
George Clifton JP
John Hill, Expiree on oath
saith I belonged to Mr Harwood’s
whaling party this season I recalled?
heading up 13 casks 11 hds
(hogsheads) which belonged to Mr Harwood, they were filled up
with salt by order of Sloan
These (Three?) casks were sent on board the
“Mystery” Samuel Brakes Master – the salt was sold to him
I saw some oil on board the “Troi
Amiss” in small 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 lips and head of the whale to W Bibro.
John Hill (Signed)
Before us
Thos Brown JP
George Clifton JP
Transmitted to the Hon the Advocate General
in the absence of the crown solicitor
26-9-60
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 did wilfully embezzle a quantity of
flour, whale oil, whale line, caskets, meat, the property of J
J Harwood and the said charge being
read to the said Daniel Sloan and the witnesses for the
prosecution,
J J Harwood,
Chas Wilson, Edio Back and John
Hill, being severally examined in his presence, the said Daniel
Sloan, is now addressed by us 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.”
Taken before us at Fremantle the day and
year first above named
Thos Brown JP George Clifton JP
Daniel Sloan was this day committed to
taken his leave for his offence at the next Quarter Sessions
Sept 25 1860 Thos Brown JP George Clifton
JP
The following is an exact transcript of the
article published in “The Perth Enquirer and Commercial News”
published 8th October 1860 (Inq,
1860)
Note: Paragraphs and names have been
altered to make easier reading, and known spellings of
individuals mentioned in the evidence.
Quarter Sessions
Before His Honour A.
McFarland Esq., and a Bench of Magistrates.
MONDAY, OCTOBER 8th 1860.
Daniel Sloan,
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, whale line 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.
The 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 Bibro.
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
Bibro.
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
Bibro 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 Bibro 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
Bibro.
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
Bibro’s on account of Mr Harwood.
Mr Bibro
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 Bibro 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 Bibro 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
Troi 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
Bibro. They ran short of provisions
at the Fishery, and Sloane borrowed a bag of flour from Mr
Bibro. 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, (Grandchild of Daniel Sloan
and my Uncle) provided a account of
the Sloan family history in Western Australia to the Kwinana
Historical Society (Sloan, 2006) at a commemoration service at
the East Rockingham Cemetery on the 25th Oct 2006.
The text of the presentation is reproduced
in full below without editing.
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 26thof 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
Cowcher 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
58been 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 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 Mallabuck
and lived most of his life & died in Pinjarra on the 12th of Sep
1907 aged 54. Does anybody know where “Mallabuck”
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
“Mystery”. 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 “Troi
Amis” 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 try out the oil and 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 Cowcher 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
Cowcher’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
(son) and Emma Eliza (Daughter in Law) 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 Cowcher’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.
The press of the time regularly quoted
prices of commodities. These are included to give an idea of the
value of the goods allegedly embezzled by Sloan.
(Inq, 1860).
These are the prices quoted on Wednesday 19/9/1860 the day
before the “Troi Amis” arrived in
Perth.
Flour per 200lb Bag (local) £2/8/
Flour per ton (local)
£23
Flour per 200lb Bag (local seconds)
£2/6/-
Flour per ton (local seconds)
£22
Soap, per lb 6d
Beef, per lb 6d
Beef - prime, per lb
7d
Mutton, per lb 6d
Whale Oil, per gallon
4/6
Manilla Rope, per lb 1/
European Rope, per lb
1/3
Appendix E - Jurors qualifying in 1860
Green, Capt £1500
Hicks £150
Shenton,
A £1,500
Harwood, J £1,000
Fremantle 12th February 1849
Harbour Master Office Fremantle 12th
February 1849?
Sir,
I beg to forward you for the information of
His Excellency the Governor, the enclosed statements of, the
enclosed statements of "Sloan and X(A,
S, I, ? H?) Thompson and hope their explanation will prove
sufficient.
I have the honour to be Sir Your Obedient
Servant Daniel Hill? Harbour Master
The Honourable The
Acting Colonial Secretary
CSR VOL 192/15
Fremantle 10th Feb 1849
Daniel Sloan on his oath states that they
left Fremantle in Company with the Harbour Master?
on the 1st day of
Jan'y? about
noon? -------it blowing then from the South
and fresh, when about four miles from the land the wind and sea
increased.
I then called to Thompson and asked him if
we would reach the "island," he then replied "not without making
a tack" which would make us late before we reached --- then we
should not be able to return the same day.
63(alternative)
I then called and said to Thompson I do not
think we shall reach the "island," he then replied "not without
making a tack" which would make us late before we reached ---
then we should not be able to return the same day.
Mr Symmonds
then made a remark that sea was running high and asked me if I
thought we should have a land breeze in the morning.
I said I think we shall.
Mr Symmonds
then replied we had better go back and start early the next
morning.
Had Mr Symmonds
not been in the boat I should? have
took? over ? and?
reached the Island, but it would have
been late at night but we would not have been able to have
returned that day.
Sworn before me (signed) Daniel Sloan
Fremantle Feb'y
10th 1849
Howard? Thompson solemnly states that he
remembers? make? --------
in the Harbourmaster's boat on the
1st of January in company of Mr Symonds it then blowing from the
Sth? with
fresh breeze. They proceeded about 4
miles when the sea and wind increased.
I heard Sloan say they would have more
wind, and that they would have to make a tack to reach the
island, which would make then late before they reached the
island and had they done so could not have returned the same
day.
Had not Mr Symonds been in the boat I am
sure we could have made the passage easily.
I ----upon myself to note what conversation
took place between Mr Symonds and with Sloan. I was forward
attending to the head sail.
------ Jp
Colonial Secretary.
(1860). CSR 100? Perth, Western Australia, Australia.
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Bay Whaling in Western
Australia. The Royal Western Australian Historical.
Erickson. (1988). A
Dictionary of Western Australian's - 1829 1870. Perth,
Western Australia,Australia.
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Records. (2007, June 24). Fremantle Prison - Crime and
Punishment - Convict Database.
Retrieved June 24, 2007, from Fremantle Prison:
http://www.fremantleprison.com.au/history/ConvictsAndShips/convict_display.cfm
Gibbs, M. (2000).
"Conflict and Commerce, American whalers and the Western
Australian colonies
1826-1888". (D.
M. Staniforth, Ed.) The Great
Circle, Jopurnal of the Australian
Association for
Maritime History ,
22 (2).
Gibbs, M. (2000).
Conflict and Commerce,
Ammerican Whalers and the Western colonies 1829-1888.
Journal of the Australian Association of
Maritime History , 3.
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Ph.D Thesis, Centre for Archaeology,
University of W.A. The Historical Archaeology
of Shore-Based Whaling in Western
Australia, 1836-1879 . Perth, Western Australia.
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I. (1966). Bay Whaling in Western Australia.
(T. R. Society, Ed.) Early Days , 6
(Part 5), 29.
Inq. (1860, September 18). The Inquirer and
Commercial News , p. 3.
Inq. (1860, October 8).
Local Intelligence. The Inquirer and Commercial
News , p. 3.
Inq. (1859, March 2).
Racing News. The Inquirer and Commercial
News , p. 2.
Inquirer. (1860,
October 8). Transcript of Article.
Perth Inquirer and Commercial News .
Perth, Western Australia, Australia: Perth inquirer and
Commercial News.
Port Gregory.
(1837, July 8). Perth Gazette .
Russell, L. (1979, February). Kwinana,
"Third Time Lucky". Perth, Western Australia, Australia.
Sloan, C. (2006, October 25).
An Account of the Early Sloan History in
Western Australian. Kwinana,Western Australia:
Unpublished.
Sloan, T. (1975).
pers
comm. Bull Creek, Western Australia.
Unknown.
(1860, September).
Statement of Daniel Sloan. CSR
Records .
