WaywardWomen

Victorian England's Female Offenders

Archive for the tag “Transportation”

All Aboard the Amphitrite

Penal transportation to Australia is a fascinating subject for anyone interested in England’s history of crime and punishment. What we should make of transportation, and how we should perceive it as both a system of punishment and a human experience is something that divides historians. Few accounts of transportation to Australia would deny the horrors undergone by convicts who awaited transportation in hulks or prisons, or the terrifying and treacherous journeys facing those who sailed to Australia. When they arrived in Australia convicts could face back-breaking labour and a brutal system of secondary punishments which kept them under control.

However, some have also highlighted the benefits that transportation offered convicts. Prisoners under sentence could marry, they could take employment and earn money. Once a convict was issued their ‘ticket-of-leave’ they were essentially free to take advantage of the opportunities that the colony had to offer.  They could find work, acquire land, and prosper. Freedom in Australia could bring a life *and climate* the likes of which many English convicts had never known. Digital Panopticon Ph.D student Emma Watkins recently spoke about the success of Mary Reiby, transported to New South Wales at the age of fourteen, who built a family and a successful business after the expiration of her seven year sentence. So remarkable was Mary’s contribution to the colony that since 1994 her face has graced the Australian $20 Bill.

Australian $20

Of course, not every convict story was as happy as Mary’s. It would only be too easy to view transportation through the rose-tinted lens of history, forgetting the immense psychological damage that could be done to those forcefully separated from everything and everyone they knew, transported across the world in bondage, never to return. Or the physical dangers that awaited those who sailed to Australia and toiled on its unfamiliar shores. Nonetheless, we have enough evidence to suggest that not all convicts looked to the colonies with terror. Some viewed the opportunities available to convicts in Australia as preferable to undergoing English punishment. Particularly in the 1830s, 1840s and 1850s when the horrors of initial settlement were largely over and two successful colonies in New South Wales and Van Diemen’s land were established. Some have even suggested that the end of penal transportation in 1868 was due, at least in part, to it no longer providing sufficient deterrent to convicts. Not all offenders were as opposed to life in Australia as we might expect.

Much of the history of transportation continues to interrogate these ideas. What was life really like for convicts in Australia? Who was selected for transportation and how? Did transportation offer a better prospect of reform, a better chance of offenders going on to have a ‘successful’ life? Did transportation work better than imprisonment? These are just some of the questions being considered by the Digital Panopticon’s Penal Outcomes theme.

In our haste to measure and chart the lives of convicts landing in Australia, we can often lose sight of the individual human journeys that were taking place. The great injustice befalling those sent unwillingly miles from home as property of the state, or the hopes and heartbreak of those who begged to go but never began a new life in Australia. Sometimes a single voyage, like that of the Amphitrite, gives us pause to think about the people behind the penal outcomes, and the multiple tragedies revealed by transportation.

In late August 1833 the convict ship Amphitrite set out from Woolwich, bound for New South Wales. Officially on board were 101 female convicts (historical accounts also suggest that there were seven other convict women, and twelve of the convict’s children between the age of two and twelve). The female convicts came predominantly from London and Scotland although there were a scattering of women from other areas of the UK. Unlike many of their peers who could wait upwards of two years to board a convict ship, all of those on the Amphitrite had been tried in 1833 and waited just a few months before departure. The women aboard the Amphitrite were in many ways indistinguishable from the majority of other nineteenth century female convicts. All were between the ages of sixteen and forty. Those from Scotland were reportedly notorious recidivists, and from the details available of the women sentenced at London’s Old Bailey, a good proportion of them were prostitutes. Women like Mary Stuart and Charlotte Rogers convicted of picking their customer’s pockets and sentenced to fourteen years transportation. We know some by their own admission were guilty, and others like Mary Hamilton, sentenced to a term of fourteen years, may have been innocent. In Hamilton’s case even the victim of a robbery, Williams Carter, admitted ‘I cannot say the prisoner is the person’.

As a rule, female convicts on ships like the Amphitrite tend to leave very little in the way of evidence about how they felt about the sentences they were given. All we can do is imagine. Did women like Mary Brown, who ran a ‘house of ill fame’, and Charlotte Smith, a prostitute, who worked with her to rob a customer feel relief when their death sentences were commuted to life in Australia? Were the women terrified and devastated, or like Caroline Ellis, seemingly indifferent. Ellis was overheard by a policeman speaking to a fellow inmate at the local lockup, herself a returned transported, stating matter-of-factly that she supposed she ‘should be transported this time’.

There were others like Maria Hoskins, aged twenty-eight, who admitted in court that she wanted to be sent to Australia. Hoskins stole a watch from her land lady and pawned it. The landlady discovered the theft and asked for the pawn ticket so she might retrieve the property. Hoskins replied, ‘No. I will not do that; I did it with the intention of being transported’ Hoskins refused to say were the watch was pledged until her landlady fetched a police officer to arrest her. She told the arresting officer, ‘If you have any compassion on a female you will take me up – if you do not, I will do murder.’ Hoskins, impoverished and desperate, saw the potential for a better life in Australia. Police constable Richard Broderick testified, ‘I took the prisoner; she said if she was not transported for this, she would commit something more heinous that would send her out of the country – that she had applied to Covent-garden parish for relief, and had been refused, and if she came across Mr. Farmer, she would drive a knife into him, and hang for him.

Hoskins was given the desired sentence – seven years transportation. Hoskins even appealed to the authorities that she and her fellow convicts be granted new clothes for their fresh start in Australia, in which she stated she was ‘anxious to alter her way of living.’

Dublin Morning Register

Tragically, like the other 100 known convicts on the Amphitrite, she never reached her destination.

The Amphitrite was caught in a severe storm off the coast of France on August 31. The ship was completely destroyed, and every convict woman, every child, and all but three of the crew were drowned. The Amphitrite was the first convict vessel to be lost since the start of transportation to Australia, and the first loss of a female convict transport.

A Disaster at Sea ?c.1835 by Joseph Mallord William Turner 1775-1851
A Disaster at Sea ?c.1835 

The tragedy of the Amphitrite became scandal when it was revealed by observers and the three survivors that the captain had refused help offered by those close by on shore because there were female convicts aboard. The captain considered releasing the crew and children and leaving the convict women to their fate, and ultimately refused the help of rescuers lest the convicts made a bid for freedom.

LES 1833

The Amphitrite, subject of ballads and paintings for the rest of the nineteenth century has largely disappeared from modern histories of transportation. As has the convict vessel Neva, carrying 150 Irish female convicts and thirty three of their children, which sank of the coast of Australia less than two years later. However, their stories are a microcosm of transportation through which we can think about the very human experience – and cost of punishment. What did transportation mean for female convicts and the lives they left behind?  Was the prospect of a new beginning never entirely separated from the stain of conviction, or did the status of a convict follow some until their final moments? Voyages like the Amphitrite also remind us of the danger faced by convicts at every stage of the journey. As they waited in appalling conditions to sail, as they faced childbirth, disease, and rough seas, an as they worked through the convict system in Australia in the hope of freedom and a fresh start. There is something to learn from every voyage, every ship, and every convict –women like Mary Hoskins who was willing to go to extraordinary lengths in pursuit of a future that would never arrive.

 

No honour among thieves?

From the earliest representations of offenders right up to the politically and socially charged documentaries that ‘uncover’ crime and disorder in the present day (Ch4’s “Benefits Street” being a prime example) offenders have been cast in a particular role. Offending is not merely portrayed as an illegal act but, more often than not, a set of values and behaviours that individuals who transgress the law possess. Offenders are not just people that flaunt the law, but instead, they are ‘criminals’ – a distinct subset of persons who share a lack of morality and social conscious in common. Media representations of offenders might often focus on elements of a case that allows the perpetrator to be portrayed in way of this popular stereotype: Uncaring, morally bankrupt, dishonest, scheming, thoughtless. The nature of surviving accounts, both historical and contemporary , that we are offered of crime and offenders more often than not helps to proliferate and reinforce these ideas. But on the rare occasions when we are offered the chance to see circumstances and events from a different perspective, an altogether different picture is presented.

One of the biggest benefits using the proceedings of the Old Bailey give us is the ability to engage with testimony of offenders themselves. The trial reports allow us to hear individuals offer a defence in their own words, or a fierce rejection of the testimony given against them, or perhaps a candid answer to a question. Although far from perfect – the OB, for example, rarely allows us to see what questions were asked of offenders – accounts such as these are the closest historians are able to get to hearing our subjects speak. Their priorities, wants, needs, and negotiations all laid out for us on the page. Sometimes it is through these encounters that we are given unexpected glimpses into the social codes, sense of right and wrong, and relationships that shaped their world.

In February 1788 Martha Cutler, Sarah Cowden, and Sarah Storer were brought up in the Old Bailey on a charge of  highway robbery. This crime was a most serious offence, not only for its distressing and violent nature, but also on account of its fearsome reputation.

Their victim, Henry  Solomons, maintained that he had being going about his business in Whitechapel , in June that year, when he was accosted by three or four women at the end of an ally.  Solomons testified that the women made use of obscene gestures and ‘very bad expressions’ and pushed him into a passage that led into a house. As Solomons was ushered into a small room and thrown down onto a bed, where with two women restraining him, a third took over fourteen guineas from his person. When the ordeal was over, he was let up and told to go about his business. Solomons and a number of other witnesses, including a policeman, were able to identify the three women on trial.

Despite all protesting their innocence and claiming police brutality all three women were found guilty. The sentence passed down to them was death.

Cutler, Cowden, and Storer were all returned to custody to await their fate. Over one year later, which the women would have passes in the cramped and unsanitary confines of the local gaol, they were bought back to court. Each woman was offered a pardon, granting her respite from the gallows on the condition that she submit to being transported to the new colonies in New South Wales – for the term of her natural life.

Such was their conviction that an injustice had occurred, all three women gave the same surprising answer – to choose death rather than to live on the other side of the world wrongly convicted.

Sarah Cowden replied:

‘No, I will die by the laws of my country; I am innocent, and so is Sarah Storer ; the people that had the money for which I was tried, are now at their liberty, therefore I will die by the laws of my country before ever I will go abroad for my life.’

Martha Cutler:

‘Before I will go abroad for my natural life, I will sooner die.’

And finally Sarah Storer:

‘I will not accept it; I am innocent.’

The women were again sent down. The irritated magistrate informed them that their lack of gratitude for the king’s mercy would result in immediate execution.

Yet, in June 1789, the women still sat imprisoned, awaiting the sentence. They were again bought up to the court. Once more the women were offered respite of the death sentence on the condition they be transported for life. Sensing her chances were running out Martha Cutler agreed to save her own life.  Sarah Stoner attempted to bargain. She would agree to go, but not for the term of her whole life. The court decreed this offer to be an insult to their mercy, and no agreement was reached. Eventually Storer consented to life. Sarah Cowden also attempted to bargain. Most surprisingly, this was not for her own life – but her friends.

She stated:

“I will tell you what; I am willing to accept of whatever sentence the King passes upon me, but Sarah Storer is innocent, I would not care whatever sentence I went through; I will accept it if that woman’s sentence is mitigated.”

“I will take any sentence, if that woman’s sentence is mitigated.”

After another several exchanges with the court, where it was explained that she would either humbly accept the pardon or die, her resolve was as firm as ever.

“I will never accept of it without this woman’s sentence is mitigated.”

All the women were removed from the court except for Cowden, who spoke freely:

“Gentlemen, I hope you will excuse me for being so bold to speak in the court, but this woman is as innocent as a child unborn; she happened to come into the place where this robbery was done, she asked for the loan of a pair of bellows, and she was cast for death; and after being cast for death, I think to be cast for life is very hard; if this woman’s sentence is not mitigated I will freely die with her, I am but a young girl, I am but one and twenty years of age”

Further reports from the court indicate that all three women were eventually set to be transported, although they do not appear in the British Convict Transport Registers. One scholarly article suggests that Cowden later escaped the Lady Juliana convict vessel shortly before it sailed for New South Wales. She returned to London, and was discovered and brought back to the Old Bailey two years later, only to successfully win her freedom after pleading her belly.

This episode allows us to see Sarah Cowden not just as a serious property offender, but as a more three dimensional human being. By seeing her speak, we are offered a glimpse of a young woman with her own thoughts, motivation, and moral code. It would appear that Sarah Cowden was not devoid of feeling or sentiment, but instead a woman for whom the bonds of friendship and loyalty were worth risking life and limb for. A woman for whom, perhaps, justice and a sense of honour meant something. Even if we do not share the same understanding. Certainly I think we can discern that Sarah Cowden was, at the very least, a young woman brave enough to challenge authority in the courtroom and pursue her own agenda even though her status and gender both worked against her.

Instances when we can engage with female offenders exhibiting emotions and behaviours we ourselves might possess or recognise are, rather sadly, desperately rare.  However when we are lucky enough to find them it is a vital reminder that not only could there be honour amongst thieves, but also decency, bravery, and friendship too.

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