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Transported for Sheep Stealing
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Transported!
William Gain, aged 27, was sentenced to 10 years transportation at Lewes Assizes in October 1843. His crime? Stealing one ‘wether lamb’ valued at 15/-, the property of John Simmons of Icklesham.
William was the son of George Gayne and Mary Fuller of Westfield. He was born about 1816 and his baptism is recorded on 18 Jan 1816 Ore, Sussex. (William GAINES, son of George GAYNE and Mary FULLER (IGI)
William Gaine married Caroline Marchant on 27 March 1837 Westfield Sussex. In 1841 the family were living at Kent Street Westfield Sussex. William was a labourer, aged 25, his wife Caroline was aged 20 and they had one son, Henry born 1840.
William and Caroline actually had 3 children by the time William committed his “crime”. Their first child Mary Gain born 1837, baptised 28/12/1837 in Westfield died in the first quarter of 1838. After Henry, they had two further daughters: Harriet born 1842 and Mary born 1843.The following is transcribed from the records at
East Sussex Record Office The Maltings, Castle Precincts, Lewes, Sussex and is taken from the original notes of the Michaelmas quarter sessions at Lewes
QR/E/ 895
Lewes XVI day of October in the 7th year of the reign of our Sovereign Lady Victoria and in the year of our Lord, 1843.
Prosecutor John Simmons
Prisoner William Gain
Crime Sheep stealing (former conviction)
Witnesses: James Thomas
George Smith
Alfred Bray
Samuel Jones
Walter Watson
(It was noted that the witnesses had all travelled over 60 miles to attend court (quarter sessions); they received travel expenses.)
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17 October 1843 Regina v William Gain
Thursday 7 April 1831 (former conviction)
William Gain, labourer, indictment against him
That on 4 December 1830 he did feloniously steal, take and carry away with force and arms at the parish aforesaid (Westfield) in the county aforesaid (Sussex) one cock fowl, value 2/- (two shillings), the goods and chattels of Robert Baker. He was thereupon ordered to be imprisoned in the house of correction at Lewes and kept in solitary confinement for the space of one fortnight.
Dated 14 day of October 1843
William Gain, of Westfield, labourer
1st count stole one lamb of the price 15/- (fifteen shillings) of the goods and chattels of John Simmons
2nd count did kill the lamb with felonious intent
3rd count stole 10lb. weight of lamb value 5/-
PLEA: NOT GUILTY
VERDICT: GUILTY
SENTENCE: to be transported for 10 years and committed to Lewes House of Correction in execution of such judgement.
William Gain, labourer, aged 27
Magistrate Howard Elphinstone date 9/10/1843
Stealing on the night of the 6th day of October instant, at the parish of Westfield, one lamb, of the value of 15/-, goods and chattels of John Simmons of Icklesham, Sussex
Evidence of James Thomas, labourer
“About half past seven o’clock yesterday morning on the 8th day of October inst. I was blackberrying in a meadow called Lower Brook, otherwise known as Horseman’s Brook, in the parish of Westfield, in the occupation of George Bray, farmer. I saw something white which turned out to be fat meat. I later saw skin, head and entrails in the brook. I informed George Bray who told me to fetch George Smith, the Constable and Samuel Jones, the local constable.
The evidence of George Smith, constable, was illegible due to poor handwriting
Alfred Bray (son of George Bray, farmer who was looking after 140 lambs belonging to John Simmons of Icklesham.)
He had been summoned by his father and found in the adjoining ‘oak grattan’ to where the lamb’s remains had been found, the footprints of “some person” which were then traced to within 40 rods of the house of the prisoner, William Gain.
“Shortly afterwards we saw the prisoner go up the oak grattan. We watched him go up the field where he met a man on the opposite side of the hedge……. “ Alfred Bray alongwith James Thomas and the two police constables obviously followed William Gain back to his house where “Constable Smith followed the prisoner indoors and searched his house and presently gave me a basket containing the neck, part of a leg, shoulder, heart and lights and a piece of the flank of a lamb..”
“Where there were 19 lambs, there are now only 18 remaining”
Samuel Jones (constable at Sedlescombe)
Described the lamb as a “wether lamb of the Marsh breed”
He described trying to follow the footsteps from where the sheep skin had been found…” we tried to find the footsteps again but could not succeed and we went away and got some refreshment…” (went to the pub?)
He later described seeing the prisoner go up the oak grattan to the gate field where there was another man. He went down the hedge a little way to where the skin lay. The prisoner then went home. We saw a sack lying in the garden hedge. I went indoors and took care of the prisoner whilst Constable Smith searched the house. He went upstairs and brought down a basket full of mutton. I then handcuffed the prisoner…”
The witness suggested that the sack had been used to carry the slaughtered lamb back to the house and ‘it had been lately washed and put in the hedge to dry..”
John Simmons of Icklesham (the owner of the lambs)
On 28 August 140 lambs were sent to George Bray of Westfield. Simmons was asked how he knew the stolen lamb was his.
“I know it by its bearing two pitch marks on the near hip. One mark a diamond, the other a letter “L”. There is an under-take and crop in the near ear and a crop on the off ear. There is also a fork on the near ear.”
Walter Watson, butcher of Whatlington
The skin and meat were taken to Watson and he testified that the meat and skin were from the same lamb.
William Gain: “I have nothing to say”
Signed with a X (William Gain, his mark)
THE END
Transportation to Van Diemen’s Land
William GAIN is listed as one of 290 males on board ‘The Equestrian’ which left Woolwich on the River Thames on 20th Jan 1844. He would probably have been held in Millbank Prison (where the Tate Britain now stands) for the 3 months prior to his transportation. He was transported to Van Diemen’s Land (now TASMANIA). “The Equestrian” arrived in Hobart on 2 May 1844. The Equestrian was a convict transport, which made three voyages as such from England to Hobart. She was a ship of 801 tons, which was built at Hull in 1842. Her class was A1.
The surgeon’s report for this passage provides some idea of what life was like on the Equestrian during the voyage.
“There were embarked on board the “Equestrian” convict ship at Woolwich on 20th January 1844, 290 male convicts for transportation to Van Diemen’s Land. According to regulations I previously inspected these men at the Millbank Prison, and observed that with few exceptions they were in the prime of life and apparently in good health, this was also certified by the Medical Officer of the Prison. Much however to my surprise I found on their embarkation that several were seized with epileptic fits. I thought that either I had been deceived, or more likely that these fits were feigned by the Prisoners for some particular purpose. A little reflection however enabled me to perceive that it might be accidental and caused by their sudden removal from a state of solitude and silence, to one to them of great excitement. After a week or two on Board, they disappeared.”
The Between Decks of the “Equestrian” were lofty and spacious, and fitted up after a novel and improved form, instead of standing bed places as heretofore upright stanchions were placed in rows along the deck connected to the sides by transverse bars, on which hammocks were suspended by their corners. They were placed in two tiers one above the other, capable also of being taken down and rolled up with the bed and blanket much like a soldier’s great coat and then carried on the upper deck. A moveable table was raised from the lower deck, round which the prisoners could sit, take their meals and employ themselves as necessary, resembling in many respects the lower deck of a Man of War and as easily cleaned and ventilated. The objection to the plan at first was the difficulty the men had in getting in or out of their hammocks, and in passing through the Tropics they seemed to suffer more from heat and closeness, as I however I [sic] made a special report it will not be necessary here further to analyze on it.
We were supplied with preserved Meat and Potato to be given once a week to the prisoners in lieu of their salt rations, on the good effects of which I have also reported. We sailed from Woolwich on the 20th January 1844 and arrived at Hobart Town on the 2nd May following making the Passage in 95 days, and without touching at any intermediate Port. In working out of the English Channel, we encountered squally and tempestuous weather. In passing through the Tropics catarrhal afflictions and bilious diarrhea were most frequent amongst the prisoners, attributable to exposing themselves to currents of air whilst overheated. Towards the close of the voyage some five or six obscure cases of scurvy made their appearance. The mortality on board from all causes was four, two amongst the Children of the soldiers, and two amongst the Prisoners. There were three births on Board, two survived the voyage. Our immunity (I may say) from scurvy I attribute to increased accommodation thereby implying better ventilation and to the meal of preserved meat and potato once a week. I used very little lime juice having seen in a former voyage its little value either in preventing or curing scurvy[1] , what was used, was in the Hospital as a common drink. I was much surprised to hear that after the prisoners were landed and inspected in the Barrack Square by the Lieutenant Governor and other authorities, a great many were taken into Hospital. I have but to remark that on our arrival in Port I was only too happy to be able to send all the sick to Hospital, except the few obscure cases of scurvy before mentioned, and which often requires only a few days in Port to remove. It was evident to me as well as to the Master and Officers of the “Equestrian” that the Health of the prisoners generally improved during the passage, several spoke to me of diseases they had previous to embarkation where there was any external evidence or probability in their statement, they received attention.
After landing the prisoners the ship was ordered to Sydney N S Wales thither to disembark the Guard and land the Government stores on which passage nothing of moment occurred.”
“Comparing the mortality in convict ships with that of England and Wales, the effects of an improved system of management is very evident, and although’ prisoners may not be in the worst condition of life for health, they are very far from being in the best. They must necessarily be confined on the prison deck in a close and often vitiated atmosphere 12 hours out of every 24 during a voyage of from 3 to 4 months the greater part of which is in tropical weather when the thermometer ranges from 70° to 84° often in the prison to 88°. The principal difficulty we labour under in Convict Ships is to give the prisoners sufficient exercise, when all are on deck they are an immovable mass, when an opportunity offers, which I am sorry to add is not often, I send them on deck by divisions and make them run round the masts in single file, as in the practice of troops in transports.
With respect to the moral and intellectual improvement that can be effected in convicts in so short a period as the voyage occupies, I am not so sanguine as others, the Surgeon Superintendent has as much as he can do in preventing acts of immorality and indecency and this he will best accomplish by keeping them constantly employed in cleaning prison and decks, keeping their persons clean, working at trades, attending schools &c &c. I never knew them fail in an outward respect to Religion, they always attend with seeming devotion to the Prayers read morning and evening and to the Church Service every Sunday.
The prevention of disease, especially scurvy, depends on a strict observance of the Rules of Hygiene, these are now well understood and amply laid down in our instructions, but from the various elements of discord in a convict ship, the Surgeon Superintendent must be eminently possessed of temper and firmness and above all an untiring attention to the multifarious duties of his station.
James CROMARTY captained the Equestrian’s first voyage, with surgeon William WEST. She departed Woolwich on 20 January 1844 taking 95 days to arrive at Hobart on 2 May 1844. She embarked 290 male convicts - two died at sea.
In 1845, Equestrian sailed from London to Hobart, departing on 5 July and arriving 102 days later on 15 October. Her captain on this voyage was Joseph L SPENCE and her surgeon was Thomas ROBERTSON. She embarked 300 male convicts of which one was relanded and one died on the voyage.
M C LONEY was the captain on the third voyage of the Equestrian as a convict transport. The surgeon on this voyage was Alexander CROSS. She departed Plymouth on 1 September 1852 and arrived, 106 days later, in Hobart on 16 December 1852.
Alexander Cross claimed that at least a quarter of the 61 convicts sent to the Equestrian from Dartmoor prison in 1852 were "old and worn out men", while he believed that probably more than 30 of the original number had been sent to Dartmoor as invalids from other prisons. He asserted he would have objected to 30 or 40, but he thought it unlikely his objection would have been sustained.
On this voyage, the Equestrian embarked 294 male convicts, but disembarked only 290 at Hobart. The four unaccounted for are presumed to have died on the voyage.
What became of William Gain from Westfield?
It would appear that William Gain survived transportation but did not return to England. His death is recorded at the New Town Charitable Institution, Hobart, Tasmania on 1 October 1893 aged 75. The record notes he was born in England and his occupation was a labourer. He was buried in a pauper’s grave at the Cornelian Cemetery in Hobart on 2 Oct 1893. The cause of death was senile debility and brain disease.
From the records at the Tasmanian Record Office
Stealing 1 sheep from John Simmonds. Tried at Lewes, Sussex, October 1843. Previously jailed for 14 days for stealing a cock. Embarked 9th Jan 1844 and arrived 1st May 1844.
A protestant who can neither read or write.
Trade: Farm Labourer Height: 5’ 0”
Age: 28 Complexion: Fresh
Head: Long Hair: Dark Brown
Whiskers: Dark Brown Visage: Long
Forehead: Low Eyebrows: Brown
Eyes: Brown Nose: Medium
Mouth: Medium Chin: Medium
Native of: Sussex
Remarks: Scar on inside left wrist, several holes on right arm, large scar on right wrist.
Period of probation: 18 months
Station of gang: South Pool
Class:
Offences and Sentences;
Neglect of duty as night watchman – fell asleep at his post. Given … and hard labour.
And what of those left behind?
Caroline Gain (nee Marchant) married Richard Thomas Ray in the autumn of 1854. This would have been a bigamous marriage as Caroline could not have known whether or not William Gain was alive.
She had three children born before her marriage to Richard and after William had been transported:
• Thomas Ray Gain born 1848
• Caroline Ray Gain b 1850
• Betsy Ray Gain b 1852
There were at least two further children, off spring of Richard Thomas Ray and Caroline Gain:
• Robert Lewis Ray born in 1855
• Marian Ray born in 1856 Winchelsea
Caroline Gain nee Marchant died in June 1858. Richard Thomas Ray was re-married to Ann Field in late 1859.
Children of William Gain and Caroline Marchant
i) Henry Gain born abt 1840 Westfield Sussex
Married Fanny Mepham 3 April 1863 Hastings
Lived in Ore near Hastings. Occupation: Labourer
Died aged 80 in 1920 Hastings (GRO Ref 2b,7)
Children of Henry Gain and Fanny Mepham
i.i Fanny Gain b. 1864 Ore, Sussex married Jabez Corke (n.c.)
i.ii Harriett Gain b.
i.iii Henry Gain b. 1865 Ore Sussex
i.iv. William Gain b.1870 Ore Sussex
ii) Harriet Gain b. abt. 1842 Westfield Sussex
aged 9 in 1851 census with mother, Caroline Gain (nee Marchant) who is living as housekeeper to Richard Thomas RAY at the Bakehouse, Westfield
By 1861 Caroline had died and Harriet was an inmate in the Hastings Union Workhouse.
Children of Richard Thomas Ray and Caroline Gain (nee Marchant):
Thomas Ray Gain b.1848 Westfield Sussex (GRO ref Battle vii,276 1st Q 1848 GAIN Thomas Ray)
1851 census aged 3 Thomas GAIN at Bakehouse, Westfield
1861 aged 14 (Thomas RAY) 3 Ferry Winchelsea, Sussex
Married Emily Nickles 16 Oct 1870 (Hastings 2b,65 Dec Q 1870)
1871 aged 23 occup. Labourer North Row, Ore Sussex
1881 aged 33 occup Gamekeeper Lodge Gate, London Rd Ore.
1891 aged 43 occup Dairyman The Ferry Icklesham Sussex
1901 aged 53 Dairyman and farmer Ferry House, Icklesham
Thomas Ray Gain died 1907 (GRO Hastings 2b,10 Mar Q)
Children of Thomas Ray Gain and Emily Nickles
i) Charles William Ray Gain born abt 1879 Ore, Sussex
married Ida Veness (Rye Sussex 3rd Q 1899)
Child: Bessie Ray Gain born 1899 Winchelsea Sussex
ii) Lily Ray Gain b. 1881 Ore, Sussex
iii) Nelson Ray Gain b 1886 Ore Sussex
married Fanny Ades 1 July 1907 Wittersham Sussex
o Children:
• Ivy Ades Gain 1904-1986 m Harry Judge
• Bertram Thomas Ray Gain 1910-1988
m Brenda Blackhall
• James Ray Gain 1912-1971
• Nellie Gain 1915-1994
Nelson served in World War I and was badly gassed. He worked for Mr Bull of Stocks Farm, Wittersham until his death in 1925.
iv) Bessy Ray Gain born 1877 (Sept Q ) |
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