THOMAS JONES (aka HUXLEY)

From Old Bailey Wiki

THOMAS JONES (aka HUXLEY)

was tried at the Old Bailey on 25th June 1788. THE PROCEEDINGS OF THE OLD BAILEY REF: T17880625-72

474. THOMAS JONES was indicted for feloniously stealing, on the 25th of June, a silk handkerchief, value 2 s. the property of John Neale .

Thomas arrived in the Second Fleet to New South Wales aboard Salamander on 21st August, 1791

Colonial Secretary Index entries JONES, Thomas. Per "Salamander", 1791

1798 Jan 4-1804 Aug 11

On list of all grants and leases of land registered in the Colonial Secretary's Office (Fiche 3267, 9/2731 p.92; Fiche 3298, 9/2731 pp.140, 148)

Thomas commenced an association with Ann Forbes in late 1790's which produced 10 children in the next 21 years in the Hawkesbury River area of Lower Portland Head.

ANN FORBES:-

Special recognition must be given to the contributors of the Ann Forbes website:- http://www.annforbes.org Ann was tried at Kingston upon Thames, Surrey on 5 April 1787 for stealing material with a value of 20 shillings. She was sentenced to transportation for 7 years having been originally sentenced to death, and left England on the Prince of Wales aged about 19 at that time (May 1787). She had no occupation recorded. Her partner in crime and also convicted was Lydia Munro. Ann died in 1851. On the arrival of the First Fleet, there was nobody to assign them to. There was only the convicts & the marines that were sent to guard them, Captain Arthur Phillip and his senior marines ( for want of a better word). The male convicts were assigned to building, clearing, while the women helped with growing stuff that died, etc etc Generally they each looked after themselves, and survived each day. From reading Watkin Tench's book, when the crops failed and food started to run out, all they seemed to think about was when were more ships going to arrive with more stores. from:Lynne Bone- Ann Forbes Website, http://www.annforbes.org

The following passage shows the chaotic first night ashore:- The Women Come Ashore On Wednesday 6 February 1788, the women were brought ashore from their transport ships. Diarists of the time recorded that it was a day of frequent thunder squalls, the wind was from the west-north-west, the temperature was 70 degrees F, and the barometer 29.48. Bowes described the disembarkation in his journal. "At five o'clock this morning, all things were got in order for landing the whole of the women, and 3 of the ships longboats came alongside us to receive them; previous to their quitting the ship, a strict search was made to try if any of the many things which they had stolen on board could be found, but their artifice eluded the most strict search, and at six o'clock p.m. we had the long wished for pleasure of seeing the last of them leave the ship. They were dressed in general very clean, and some few amongst them might be said to be well dressed. The men convicts got to them very soon after they landed, and it is beyond my abilities to give a just description of the scene of debauchery and riot that ensued during the night. They had not been landed more than an hour, before they had all got their tents pitched or anything in order to receive them, but there came on the most violent storm of thunder lightening and rain I ever saw. The lightening was incessant during the whole night and I never heard it rain faster. About 12 o'clock in the night one severe flash of lightening struck a very large tree in the centre of the Camp, under which some places were constructed to keep the sheep and hogs in. It split the tree from top to bottom, killed five sheep belonging to Major Ross, and a pig of one of the Lieutenants. The severity of the lightening this and the two preceding nights leaves no room to doubt but many of the trees which appear burnt up to the tops of them were the effect of lightening. The sailors in our ship requested to have some grog to make merry with upon the women quitting the ship, indeed the Captain himself had no small reason to rejoice upon their being all safely landed and given into the care of the Governor, as he was under the penalty of £40 for every convict that was missing. For which reason he complied with the sailor's request, and about the time they began to be elevated the tempest came on. The scene which presented itself at this time and during the greater part of the night beggars every description. Some swearing, others quarrelling, others singing - not in the least regarding the tempest, though so violent that the thunder shook the ship exceeded anything I ever before had a conception of. I never before experienced so uncomfortable a night, expecting every moment the ship would be struck with the lightening. The sailors almost all drunk, and incapable of rendering much assistance had an accident happened and the heat was almost suffocating."

From University of Wollongong Website:- http://firstfleet.uow.edu.au/s_women.html Ann bore a daughter, Sarah, to convict George Bannister in 1789 George Bannister was tried at the Old Bailey, London on 21 April 1784, burglariously and feloniously breaking and entering the dwelling house of John Newen , about the hour of five in the afternoon, on the 26th of March last, no person being therein, and burglariously stealing therein, one marcella petticoat, value 8 s. one child's dimity cloak, value 3 s. one linen gown, value 1 s. 6 d. one pair of cotton stockings, value 6 d. the property of the said John . He was convicted and sent by transportation to New South Wales for 7 years aboard Alexander. George was 16yo at the time of his trial whilst his co-accused, George Robinson and John Nurse were both 14yo and received the same sentence.

From: The Proceedings of the Old Bailey Ref: T17840421-22 at www.oldbaileyonline.org.

On 15th March 1789 George Bannister appeared before the Bench of Magistrates and received 50 lashes for the theft of three pounds of flour from James Stewart, thou he pleaded it was his first offence. (From NSW State Records . Bench of Magistrates Cases: BANNISTER George 15/3/1789 152 29 654 Theft of flour [SZ765] COD 17

Eight months later Sarah was baptised on 15th November. A further four months on George Bannister arrived Norfolk Island, March 17 1790, aboard the Sirius, and Departed March 5, 1793 aboard the Kitty. Settled (end of his sentence of transportation) 4 January 1792 .From the Norfolk Island Victualling Book 1792-1796: p. 19b as shown Ann Forbes Website, http://www.annforbes.org 'The Founders of Australia ' by Mollie Green records:- Bannister left Norfolk Island....March 1793.....At Port Jackson he was employed as a fisherman. he appears in the colony on 8 November 1794, with companions at their fishing ground outside the Heads, when John Locke, the master of the Resolution storeship, hove to and bought two fish for half a gallon of liquor. Locke sailed in defiance of an order not to leave without a certificate of clearance ensuring no convicts were concealed on board. Bannister described the episode in a deposition on the 10th, signing with a mark as a free man. No later record has been traced: as a sailor he would have had little difficulty obtaining a working passage on ships leaving the colony." …………………………………………… From Ann Forbes Website, http://www.annforbes.org

Ann married William Dring in a mass marriage , performed on Norfolk Island, on 15th November 1791,by Rev Johnson; the records of which have not survived. William was tried at Kingston upon Hull, Yorkshire on 7 October 1784 for stealing brandy and clothing of unknown value. He was sentenced to transportation for 7 years and left England on the Alexander aged about 17 at that time (May 1787). He had no occupation recorded. They had two girls born on Norfolk Island:- Ann b. 1792 Elizabeth b. 30th Aug. 1794 and a son Charles b. 20th Aug 1796 in Sydney

William wasn't without sin as on 11 May 1788 he received 36 lashes for being absent without leave, and spent time in irons for starting a fire on the wreck of Sirius in May 1790, and again in May 1791 for the theft of potatoes.

An extract from Phillip Gidley King's Journal on Norfolk Island is of interest:-: Among the many who had repeatedly complained of the ill treatment they had received form the Soldiers in seducing their wives & troubling their domestic quiet, was a man named Dring, whose term of transportation has been three years expired, the Man (who is married and has a Child) has been employed from the time I first settled in the Island, as a Cockswain, & is as such, and having the care of the Boats, a very usefull Man, and is of the greatest service, for which he receives no other gratuity than Provsions for his Family, & a small Piece of Ground on which his house stands; many complaints were made to me by this Man, that a soldier was continually with his Wife during his absence, & to add to the injury, he frequently received the grossest abuse from the Soldier, who was (on complaint being made to the Commanding Officer of the Detachment) forbid going near the Cockswain's House or Wife, but this Prohibition did not prevent the infamous wretch from enticing the Woman out to meet the Soldier, of which the Husband had notice and detected them together when he beat his wife, the Soldier interfered, & (as the Cockswain says in his defence) called him a "Rascal" on which he ackowledged to have struck the Soldier, Complaint was made, & the Justices finding the Cockswain guitly of assault, fined him Twenty Shillings for the use of the School and to find security for his good behaviour towards the Soldier for Twelve months. (Extract from Phillip Gidley King, Journal on Norfolk Island, Mitchell Library, Manuscripts A1687, film CY809, pp341-42).

When a later court of enquiry was held in Sydney in February 1794 dealing with the incidents which lead King to send nine members of the detachment back to Sydney for trial, the court criticised the way in which King and the judges dealt with assaults by ex-convicts against the soldiers. In defending his position King explained:

"The cockswain who was the other culprit, I have before observed is one of the above description [ex-convict] & as an individual is of the greatest service on this island & for which he receives no other gratuity than provisions for himself & his family, & a small piece of ground on which his house stands & which is not more than half an acre, as the whole of this man's property at that time (1793) consisted of the produce of that ground & a small box which held his wife and children's rags (for clothes they could not be called) the magistrate did not fine him more than twenty shillings which certainly was as much as his circumstances could afford; on his being sentenced to pay this fine, he was further ordered to acknowledge to the soldier that he had done wrong insulting him, which from a sense of the wrong he had received from the soldier, he refused doing in a very improper manner, on which account the Justices further sentenced him to be imprisoned until he found security for his good behaviour. The settler who was so ill-treated by the soldiers on Christmas day (Smith) became his security & was bound in the penalty of five pounds, & the recognizance particularly specified the conditions with especial regard to the soldier. .... It appeared to me as it did to the magistrates, that every just atonement was made by the settler & cockswain, who had assaulted the soldiers in defence of their wives." pp398-399

On Christmas eve 1793, another dispute broke out between Private Baker and a neighbour and friend of Dring's who had provided the security for Dring following his conviction for assaulting Private Windsor. This continued the next day when Downey and Cardell went looking for Smith but found Dring instead, which is described by King as follows:

"A soldier has in disobedience of orders, & the rights of humanity gone on a settler's ground with a lighted stick, near wheat which was laying in stacks, & on which the settler's existence depended, a quarrell ensued, blows passed, & the soldier (Baker) was confined - two others (Downey & Cardell) actuated by a spirit of revenge, soon after went near the settler's ground with a design of giving him a severe beating, but missing him, Downey without provocation, designedly knocked down Dring a freeman, for which atrocious offences they were tried by a court martial, intentions of giving Dring a beating, little short of death, & that too, at a time when they were to drink their cup of reconciliation together, for which offence he now lies under the sentence of a court martial" pp401-402

A separate description of the same incident is provided by King: Downey and Cardell "Not meeting with the Settler (Smith elsewhere described as a friend of Dring) they knocked the unfortunate Cockswain down, who was returning from Smith's house & beat him so much that when he came to me, he had not a feature that was not covered with blood & cuts; two constables who were also settlers with a sergeant interfered and saved the cockswain's life, who was brought to me by one of the constables & made a complaint of the ill-treatment he had received, on which I referred them as usual to the commanding officer of the detachment ... Downey was sentenced to receive one hundred lashes & to give the cockswain who was so ill treated a gallon of rum which was to be paid by his allowance being stopped until it was paid pp 343-344

On 27 December 1793, King recorded that before the sentence on Downey could be enforced Smith & Dring sought forgiveness for Downey and this was granted

"as I hoped every thing would be forgot" [and King advised that they should] "drink the gallon of rum together, this they promised, & I once more hoped that evey difference would be amicably settled. Still I was however so unhappy as to find that rancour yet existed, the next day (Dec. 28th) Cardell the soldier who had been evidently acquitted by the partial evidence of the witnesses, still breathing revenge vowed the most horrible threats against the cockswain (Dring) & to put it in execution at the time they were drinking their cup of reconciliation together; Those repeated & malicious proceedings were of such enormity that it was now become absolutely necessary to make an example, Cardell was tried by a court martial, which sentenced him to receive one hundred lashes; the culprit received only twelve which it was hoped would be a sufficient example to the soldiers, & as Her Majesties birthday was approaching, I decided to forgive him the remainder of his punishment on that occasion". pp345-346

On 18 January 1794 an incident occured at the Playhouse and King arrested Thomas Bannister, one of the soldiers. This sparked anger amonst the detachment, which King labelled mutiny.

The day after the mutiny he [a convict] was considering with the soldier who was then centinel at the store house, about the disturbance which had happened the preceding evening by whom he was told that there would have been a serious business if they could have caught a freeman called Dring (the Cockswain before mentioned) whom they had been determined to murther. On the convict asking the Centinel why the soldiers were so inveterate against the cockswain, he answered that not him only but any of the others should share the same fate, because the convicts were more indulged than the soldiers, & that they had that morning (the 19th) taken an oath to be true to each other and not suffer any of their commrades to be punished for an offence against a convict any more.

One of them Cardell who had threatened to assassinate the cockswain & (was on the 18th forgiven his punishment) said now that they had already began they must go through with it, & that he had since his last trial repeatedly said that he would murder Dring (the Cockswain) before he left the Island. pp 347-348

TheMitchell Library also holds as a separate volume in series of letters from Phillip Gidley King, from his time on Norfolk Island. (Manuscript C187, film CY 891). It is in one of these letters that King refers to Dring and his wife having two children, in the describing the same series of events with the conflict between Dring and the soldiers. The letter of 10 March 1794 was written after the mutiny on the Island (18 January 1794) and after the mutineers had been returned to Port Jackson to be dealt with by the Government there, and is King's explanation of the series of events leading up to the mutiny. The Justices proceedings on Wm Dring a fine Man, attacking Charles Windsor a Private, & the Court Martial on Private Baker the 26th December 1793, on Privates Cardell and Downey the 27th December 1793, and on Private Cardell the 29th December 1793, with the General Order of the 31st Ult, the successive documents will sufficiently inform you of the origin of the origin and end of those disputes, from which I form the following opinion, that William Dring, a well behaved Freeman, and of the greatest use on this Island as a Cockswain, found Windsor repeatedly connected with his Wife, by whom Dring has two Children....pp234-235

On departing Norfolk Island on 6 November 1794 aboard Daedalus, Ann Forbes (snr), William Dring and two children were recorded . There is no other Forbes child, nor any child listed under Bannister, which seems to confirm that Sarah Forbes/Bannister did not survive more than a few months and did not accompany her parents to Norfolk Island. Wiliam Dring was dead or left the colony by 1798, at which date Ann Forbes was with one of the several men in the colony named Thomas Jones ?[Huxley]? Being a coxswain William would have found no problems in being welcomed aboard any ship and hidden, till away from the shores of the Colony.

Ann had returned from Norfolk Island and with William Dring mostly likely headed off shore, she started a liason with Thomas Jones/Huxley. On 24th August 1798 Ann gave birth to a daughter, Jane who could have been Ann's last child to William Dring or her first to Thomas. Jane married Robert Arndell on 24th Nov1817 at Windsor. She died 18.10.1833 at Jerry's Plains. Thomas and Ann had a further nine children together.

Ann died at Lower Portland Head on 28th December 1851, at the age of 83 years; making her the last surviving First Fleeter on the mainland. Her co-convicted partner in crime, Lydia/Letitia Goodwin (nee Munro) became the last surviving First Fleeter, dying in Tasmania in 1856. Irene Schaffer and Thelma McKay in their book "Exiled Three Times Over