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1813.

31 Aug. Escape of

John Francis.

Seizure of and escape of convicts in the Unity.

Loss

sustained by

W. H. Mansel.

easy and relatively very Comfortable Situation. Scarcely had this Man been thus relieved from the Difficulties to which he was subjected by his former Crime, when he Effected his Escape from hence on board a Ship called The Hope, which Sailed from hence on the 1st of July last, bound for the Cape of Good Hope. If this Man should have the Temerity to proceed to England, I would hope Your Lordship would Cause him to be apprehended and returned hither, to Undergo the full Measure of that Sentence, for the Relaxation of which he has already made so ill a Return by his Flight.

5. By the Arrival of the Henrietta Packet on the 18th instant from the Derwent, I have received an official Account from Lieutenant Governor Davey of the Capture of a Small Colonial Vessel, Called The Unity of Port Jackson, by Seven Convicts who have effected their Escape in her. This Vessel Arrived in the Derwent from Port Dalrymple, another Settlement on Van Diemen's Land, with a Cargo of Sundry Articles from hence on the Morning of the 23rd of April last, Manned only by Four Men, and on the Night of that same day She was boarded and taken full possession of by these daring Fellows, who immediately weighed Anchor and proceeded to Sea, Sending their boarding Boat on Shore at some Distance from Hobart Town with the Crew, Consisting of Mr. Mansel of this place, who was the Owner of her, and three others. What their Destination is Could not be learned, but they have Not Provisions for any Considerable Length of Voyage, neither are they Supposed to be equal to the Conducting of a Vessel to any remote Coast, and being all alike Masters, it is very probable they may be either totally lost or Cast on some Unfriendly Shore where they may all perish. If it should however happen that they fall in with an English Ship of War they would of Course be soon discovered, and made Prisoners. In this Event, or if by any Means they should Arrive in England, I have to hope that they would be immediately Apprehended and sent hither to abide the Consequences of their Piracy. Herewith Your Lordship will receive a List of these Men's Names, with their Original Times and Places of Trial, and Terms of Transportation, with the Names of the Ships by which they Arrived.

6. The Owner of the Vessel thus piratically Carried off is a Merchant of this place, called Mansel, who represents his Loss in Vessel and Cargo, as Amounting to between two and three thousand pounds, either of which Sums is a Loss much beyond his Capacity to bear.

I have, &c.,

L. MACQUARIE.

[Enclosure No. 1.]

1813.

31 Aug.

LIST of Four Convicts, who effected their Escape on board the
Ship, New Zealander, of London, Elder, Master, from Nor- List of
folk Island in the Year 1811.

escapees from Norfolk island.

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Sir,

[Enclosure No. 2.]

[1] MR. H. GLENHOLME TO MR. W. ELDER.

Naval Office, Sydney, 19th August, 1813.

on escape

I am directed by His Excellency the Governor to demand Elder to report from you immediately, by what Authority, while you Com- of convicts. manded the New Zealander in the limits of this Colony, and which you entered into the usual Bonds for duly Observing the prescribed regulations of,

You presumed to act in so illegal a Manner as to Convey from Norfolk Island, four Convicts, whose Names I mention underneath, at some time previous to the 8th Feby., 1812, by Sending your Boat on Shore to Cascade Bay after dark, and removing them on board that Ship, or otherwise having taken them out of the Colony; also to explain in what Manner those Men were allowed to quit your Ship, And in the Event of your Not promptly affording the most Satisfactory reasons, you are to be prosecuted for the Offence. I am, &c.,

Henry Milsom, Clerk.

Robt. Dawson, als. Leech

Benj'n Cordell

Wm. or Rich. Brown

als. Tokis, als. Willson

Sir.

H. GLENHOLME, Naval Officer.

Labourers

[2] MR. W. ELDER TO MR. H. GLENHOLME.

Ship Concord, Sydney Cove, 21st August, 1813.

I have to acknowledge the receipt of your Letter of 19th Instant, and am extremely Sorry that there Should have been Occasion for Such letter, in Consequence of four Convicts having Stowed themselves on board the Ship New Zealander under my Command Off Norfolk Island.

1813.

31 Aug.

Elder's report

I beg leave to inform you of the Circumstances that attended to facilitate the Manner, in which those Persons got on board the New Zealander, as it afterwards appeared by their own Confession. The Evening previous to my departure from NorNew Zealander. folk, Mr. Drummond and the Pilot were on board, as well as

on escape

of convicts

on whaler

Henry Millsom (one of the four Named) by permission of the Commandant, to Settle Accounts between Mr. Drummond and myself, the Pilot and Milsom left the Ship for the Shore in One of the Ship's Boats (the Island then distant about Eight Miles) and were landed at Cascade. The Night proved very dark, and blowing hard at the same time. I had permission from the Commandant to take three Men from the Island, which Came off in the Boat that took Mr. Drummond and the Others on Shore, together with their Bedding, Cloaths, &c. and it is possible that three of the Convicts got Stowed away in that Boat, during the Absence of the Officer who went with Mr. Drummond to the Town; And as it was about 10 O'Clock at Night when the Boat left the Shore, the Officer on his return did not take particular Notice, who were in the Boat more than the Crew, and the three Men; nor could be possibly Suppose there were any More. The Boat arrived at the Ship about 12 O'Clock at Night, and as it Still Continued to rain and blow hard I was Obliged to heave the Ship too to take the Boat in, and in that Confusion, if those persons were then in the Boat, they may have Come on board without my knowledge, and indeed in the dark of the Night, might even have assisted to work the Ship unknown to me; it was in this Boat that Milsom, Dawson, and Cordell Came to the Ship as appeared Afterwards by their Own Account, and Brown asserted that he Stowed himself on board when he Came off on the Same day, as One of the Crew of the Government Boat, which Came for the things I carried from here to Norfolk on Account of Government.

After I took the Boat in, and put the Ship a little in Order, I bore away on my Voyage, and in the Morning the Island was Nearly Out of Sight, and it was not until the third day afterwards, that I knew the people were Stowed on board. I afterwards fell in with the Ship Ann, Captain Givinn, and requested he would take these people on board his Ship and Convey them either to Sydney or Norfolk, but which he refused to do. On my Arrival at St. Helena, I reported to the Governor of that Island that I had four Convicts then on board my Ship, and who had Stowed themselves on board unknown to Me, and requested the Governor would send and take Charge of these people; in the Mean time, Captain Johnstone, of His Majesty's Ship Scipion, sent an Officer on board my Ship and took these four

Men Out, and granted me a Certificate, which Certificate is now in my possession, and which I Shewed you on my first Arrival at this Port.

1813.

31 Aug.

Elder's report on escape

on whaler

I trust this Explanation will prove Satisfactory, and beg to of convicts assure You that no Consideration Should have induced me to New Zealander. have Violated the regulations prescribed as regards Ships within the limits of this Territory.

Compared with the Originals; True Copies,

Sir.

I am, &c.,

W. ELDER.

H. GLENHOLME, Naval Officer.

[Enclosure No. 3.]

[1] MR. H. GLENHOLME TO MR. W. ELDER.

Naval Office, Sydney, 23d August, 1813.

explanation

I am Commanded by His Excellency the Governor to Elder's acknowledge the receipt of your letter this day, dated the 21st unsatisfactory Inst., in reply to my letter of the 19th. I am directed to inform to Macquarie. you that the explanation, which you give, of four Convicts effecting their Escape from Norfolk Island on board of the New Zealander which Ship you then Commanded is by No Means Satisfactory.

It was your bounden duty, on discovering four Convicts in your Ship, to have returned to the Island with them and given them up, or to have put them on board any Ship, that Could have delivered them at any of the Settlements in this Territory.

be furnished

You State to have a Certificate in Your possession granted by Certificate to a Captain Johnstone, then Commanding His Majesty's Ship by Elder. Scipion at the Island of St. Helena, for those four Convicts. It will therefore be Necessary for you to deliver that Certificate to me, making Affidavit of the Signature being the handwriting of Captain Johnstone, that it may with Other documents be forwarded to His Majesty's Ministers.

I shall Afterwards give you an Attested Copy of the Original.
I have, &c.,

Sir,

H. GLENHOLME, Naval Officer.

[2] MR. W. ELDER TO MR. H. GLENHOLME.

Ship Concord, Sydney Cove, 25th August, 1813.

explanation

I have to acknowledge the receipt of your letter of 23d Further Instant, and am extremely Sorry that the explanation given in by Elder. my last letter was not Satisfactory. When I first discovered the Convicts in Question on board the New Zealander, I was at the distance of some degrees from Norfolk Island, and from the heavy Weather I experienced with the Wind from the W.S.W. it would have been out of my power to have made Norfolk again

1813.

31 Aug.

Further explanation by Elder.

Johnstone's certificate re delivery of convicts.

Affidavit of

William Elder.

without in all probability of delaying my Voyage a very Considerable time, and which I could not possibly do, as I was at that time very Short of provisions of all discriptions. The only Ship, I saw after I left Norfolk, was the Ann, Captn. Givinn, and as I before stated, Captn. Givinn would not receive those people on board to land them at any Settlement in New South Wales.

Agreeable to Your request, I beg leave to enclose you the Certificate of Captn. Johnstone of His Majesty's Ship Scipion of his having taken the four Convicts from on board the New Zealander, with my Affidavit annexed thereto, that the Signature to the Said Certificate is of the Own proper hand writing of the Said Captn. Johnstone of the Scipion. I must request You will be good Enough to favour me with an Attested Copy of the Said Certificate. I have, &c.,

Compared with the Originals; True Copies,

W. ELDER.

H. GLENHOLME, Naval Officer.

[Enclosure No. 4.]

[1] CERTIFICATE RELATING TO ESCAPED CONVICTS.

Isle St. Helena, 15th February, 1812.

THESE are to Certify that Wm. Elder Master of the Ship New Zealander of London has delivered over to His Majesty's Ship Scipion under my Command four Men Named as Per Margin* they having Absconded from Norfolk Island and Secreted themselves on board the above Ship.

J. JOHNSTONE, Capt.

Compared with the Original; True Copy,

H. GLENHOLME, Naval Officer.

[2] AFFIDAVIT OF W. ELDER.

I, WILLIAM ELDER, Master of the Ship Concord of London, now riding at Anchor in Sydney Cove, New South Wales, do Solemnly Swear depose and testify, that I was present, on board His Majesty's Ship Scipion at the Island of Saint Helena on the fifteenth day of February in the Year of Our Lord One Thousand Eight hundred and twelve, and did See Captain Johnstone, Captn. of the Said Ship, Sign his Name to the Certificate paper Writing hereto annexed, And that the Signature "J. Johnstone is of the Own proper hand Writing of him the Said Captain Johnstone, and which Certificate was given to me as an indemnification for four Convicts which he took from the Ship New Zealander then under my Command, and which Convicts had

Benjn. Cordell, John Wilson (Note: This is only a fictitious name used by Henry Millson, which is his real Name in the Indents.-L.M.), Robert Dawson, William Brown.

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