Wilkes and Earp

The Registers and Letter Books of the Convict Hulk Leviathan in Portsmouth Harbour show that on 22nd November, 1820 a group of nineteen convicts were received including Wilkes and Earp.

Received from Stafford 22nd Nov, 1819 [In total 19 Convicts]

No. on Ships Books 4594 4593
Name Josiah Wilkes Thomas Earp
Age 52 29
Offence   High Treason High Treason
Convicted 29th July, 1819, Stafford  29th July, 1819, Stafford
Sentence  Life Life

Commuted to 14 Years 16th June, 1826

How disposed of F.P.27 Oct 1826 NSW 28 Mch 1820

The Hulks were ships that were no longer seaworthy and normally had their masts reduced or removed. They were initially used to hold prisoners awaiting transportation, but later became general prisons as a cheap alternative to building more prisons on land. The conditions were crowded and unhealthy, with little or no ventilation, since the ports on the landward side were boarded over as a deterrent to escape. Prisoners were normally employed on manual labour ashore during the day. The Leviathan held about 650 men.


Figure 7. The Hulks in Portsmouth Harbour.

Earp was much younger than Duffield and Wilkes, being under 30 when he was convicted. The above record shows that he left the Leviathan on 28th March, 1820 for Transportation to New South Wales. Thomas Earp alias Riddell, was one of 160 male prisoners transported to N.S.W. on the Earl St.Vincent that departed Portsmouth 12th April, 1820 arriving Sydney 16th August, 1820 after a voyage of 126 days. The convicts were disembarked on 29th August, 1820, and the Convict Muster for this year shows that Thomas Earp was engaged on Government Employment in the Sydney District. The Convict Muster of 1825 shows Thomas Earp as a Government Employee in Port Macquarie. A letter of 31st December, 1825, indexed in the Colonial Secretary’s Correspondence, contains a request from H. B. Bowerman at Port Macquarie for Earp to be transferred to his service.

In the 1828 Muster of New South Wales, Thomas Earp is at Carters Barracks, Sydney. Carters Barracks had been constructed in about 1819 at Brickfields to house convict gangs working on the brickfields as carters and brick makers. The carters in government employ, their working horses, bullocks and carts were kept there. It housed 200 convicts and, for a period, also held 100 juvenile criminals in a separate section.

Thomas Earp received his Ticket of Leave No.31/899 in the Sydney District in 1831 and this shows him to have been a native of Birmingham and a Gun Stocker by trade. The personal description gives his year of birth as 1789, height  5' 8", complexion pale and little pock marked, hair brown to grey and nearly bald and blue eyes. He had lost the first and second joints of his first finger and the first joint of his middle finger on the right hand. On 8th December, 1831 permission was granted for Thomas Earp, aged 43, and holding a Ticket of Leave, to be married to Sarah Greenway by the Rev. W. Couper at Sydney. There is no record that this marriage ever took place.

The General Return of Convicts in New South Wales of 1837 shows Thomas Earp, alias Riddell, aged 46 who had been convicted at Stafford, was still living in the Sydney District and had a Ticket of Leave. His Conditional Pardon was approved on 11th August, 1838 and no subsequent record of him (as either Earp or Reddell) has been found.

Josiah Wilkes was baptised on 16th April, 1769 and was 52 when convicted. He was a native of Darlaston, and in 1790 had married Sarah Wilkinson with whom he had at least seven children. He was possibly considered too old for transportation, so remained in the Leviathan Hulk. On 8th March, 1822 Capt. Stedman of the Leviathan wrote to Mr. Wm. Moreton, A.M. of Willenhall, Staffordshire in response to a letter from him: " I am happy to say that Josiah Wilkes convicted at Stafford 29th July, 1819 sentenced to Transportation for Life has conducted himself in a very becoming manner since he has been confined here - he is one of the number of our Communicants." This letter was attached to a Petition that reads:

To the Right Honourable Robert Peel, L.L.D. His Majesty's secretary of State, Home Department, the humble Petition of us whose names are subscribed herewith -

That Josiah Wilkes of Darlaston in the County of Stafford was convicted at Stafford July the 29th 1819 for assisting in coining base silver and was sentenced to be transported for Life, but thro' his good and penitent Conduct remains on Board the Leviathan Hulk. Now thro' his sincere amendment and real contrition for nearly three years as appears by Captain Stedman's letter annexed, We humbly petition your right Hon. Sir to Entreat His Majesty to shorten his sentence having a wife and family in great sorrow and distress. We therefore his neighbours and friends believe him to have been a good husband and father most humbly petition and pray the Convict’s case may be taken into consideration thro' his Reformation of Life and your petitioners as in Duty bound will ever Pray.

Dated at Darlaston April 24th 1822.

The petition has many signatures, all stated to be freeholders of Darlaston, “who request Mr. John Fenton Boughey to present the Petition to the Secretary of State”.

Notes on the Petition show that it was received in the office of the Secretary of State from Mr. J. Boughey, considered on 9th May, 1822 and refused. A letter informing him of the decision was sent to Mr J. F. Boughey on 10th May, 1822. Sir John Fenton Boughey Bart. was the local Member of Parliament from 1820 until his death in 1823.


    Figure 8. Signature page from the Josiah Wilkes
    Petition of 1822
From the handwriting it appears that many may not be original signatures, as if three or four literate people have taken the petition round their relations, friends and neighbours writing down their names for them.

Two of the Thomas Wilkes entries are almost certainly the father and brother of Josiah, Luke was another brother and many other names can be reasonably assumed to be relatives.

The wife of Josiah was a Wilkinson, and his mother was a Small, explaining these names. Many others are either related by marriage or were likely to have been close trade contacts or neighbours of Josiah.

The Duffields are notable by their absence from the petition, despite being related by marriage to Josiah Wilkes. No record has been found of any further Petition on his behalf.

The earliest surviving Quarterly Return of Convicts on the Leviathan is for September 1824. This shows:

No. on Ships Books 4594
Name Josiah Wilkes
Age 52
Offence High Treason
When & Where Convicted 29th July, 1819, Stafford
Sentence Life
Bodily State Good
Behaviour v.g.

It appears that the age quoted is that of the prisoner when convicted, as Josiah remains aged 52 on these Returns for the duration of his imprisonment.

In 1826 Josiah appears in a "List of Convicts for Mitigation, Leviathan, 23rd April, 1826". The text shows this to be "A list of Six Convicts under sentence of Transportation on board the Leviathan Hulk, who have served more than three years and a half of their respective Sentences, which for their uniform good Conduct are recommended by Captain Stedman to the Inspector, as fit objects for a commutation of their respective Sentences." The list includes:

No. in this list 3
No. on Ships Books 4594
Name Josiah Wilkes
Age 52
Offence Having Base Coin in possession
When & Where Convicted 29th July, 1819, Stafford
Sentence Life
How long served 6 Years 6 Months

A Footnote shows that Josiah Wilkes was included in a list of those whose sentence was to be reduced to 14 years, and this is confirmed in the next Quarterly Return that is annotated " Comd 14 years 16th June, 1826”. It is interesting that his offence is now described as "Having Base Coin in his possession", rather than Coining or High Treason as in previous documents, possibly to put a more favourable light on the recommendation.

The change of his sentence to 14 years was of great importance to Josiah as, when a release of prisoners was considered in September of the same year, it meant that he had completed over half of his term. A list was prepared on 30th September, 1826 being a: " List of thirteen, being two out of every hundred Convicts confined on board the Leviathan Hulk in Portsmouth Harbour, who have served more than half the term of their respective sentences on board the said Hulks, and on account of their quick, orderly and uniform good behaviour since they came to her, are now, selected by the Captain, with the approbation of the Chaplain, assisted by the Principal Officer of the Leviathan, as the thirteen best behaved Men in the Hulk, and are therefore humbly recommended by Captain Stedman, who if required is ready to make Oath to the impartiality of the choice of them, to the Inspector, as fit objects of the Royal Mercy". The list showed that Josiah Wilkes had served 7 years 2 months of his reduced 14 year sentence. The whole list was apparently accepted as it is annotated "Free Pardon prepared Oct 1826".

The following Quarterly Return for the Leviathan is annotated against Josiah Wilkes "Discharged 27th October, 1826. Free Pardon". Josiah Wilkes was thus, because of his age and exemplary behaviour on the Leviathan, able to benefit from a reduction in his sentence and an eventual Free Pardon, allowing him to return to Darlaston where he lived for a further 34 years.

White’s Directory of 1834 lists Josiah Wilkes as a File Maker of Blakemore Lane, Darlaston.

The 1841 Census shows Josiah Wilkes living with his wife Sarah in Great Croft Street, Darlaston. Josiah and Sarah are both aged 70 and Josiah is a File Manufacturer. Also in the household are his married son Thomas aged 40, a File Cutter, with his wife Maria and two children, one of whom, Thomas aged 10, is also shown as a File Cutter. Josiah also appears in Pigot’s Directory of 1842 as a File Maker of Great Croft Street.

Sarah Wilkes died aged 76 on 22nd March, 1849 and was buried in the churchyard of St. Lawrence, Darlaston. By the Census of March 1851 Josiah Wilkes aged 82 and with no occupation was living on Great Croft Street, Darlaston as a lodger in the household of his married son Thomas.

Josiah Wilkes died on 10th October, 1860 and was also buried in Darlaston St. Lawrence. Josiah and Sarah have a twin headstone reading "TO The Memory of JOSIAH WILKES who died oct. 10 1860 Aged 91 years. TO The Memory of SARAH WIFE OF JOSIAH WILKES who died March 22 1846 Aged 76 years."


Figure 9. Gravestone of Josiah and Sarah Wilkes


   
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