Tag Archives: Hulks

James Littleton and the Problems of Automatic Record Linkage

James Littleton's Conduct Record from 1842 (TAS CON33-1-17)

James Littleton’s Conduct Record from 1842 (TAS CON33-1-17)

In 1832, James Littleton was indicted for theft. This, according to a series of records automatically matched by the Digital Panopticon, marked the beginning of his exceptional story. Littleton was accused of stealing 10lbs of beef, 3lbs of mutton and five eggs from a wine-merchant named Thomas Wood. He was caught red-handed as Police Constable Cornelius Wintle amusingly explains:

I was on duty in Holborn, on the morning of the 27th of September, and heard a gentleman call out “Police!” opposite King-street – I crossed, and stopped the prisoner; some eggs dropped out of his hat; I took him to the area of Mr. Wood’s house, and the beef and mutton were in the area – Mr. Wood was looking out of the window.

Littleton offered no defence and was found guilty. The sentence passed down was lenient; he was imprisoned for one month. As he was aged just 16 and this was his first conviction, this judgement was a wrap on the knuckles to deter any future criminal activity.

Less than two months later Littleton was back at the Old Bailey. On 29th November 1832 he was charged with the theft of 37 cigars from a Tobacconist in Holborn. Again, he was caught in possession of the stolen goods by a Police Officer. This time, however, the court did not give him another chance; now aged 17, Littleton was sentenced to seven years transportation.

The next trace of James Littleton is a record of his transportation. On 13th December 1832, Littleton was one of 216 convicts transported aboard the Lotus to Van Diemen’s Land (Tasmania). After sailing for 154 days and stopping at Rio de Janeiro, James Littleton arrived in Van Diemen’s Land on 16th May 1833.

The next linked record, placed Littleton back at the Old Bailey in November 1840 charged with the murder of Mary Nicholls. He was reported as being aged 27, a figure which, allowing for some error, corresponds to his previous records. The crime also took place close to Holborn, the scene of his previous offences. Found guilty of this brutal killing, Littleton was then sent back to Van Diemen’s Land to serve a life term.

Before he was shipped, Littleton was detained aboard the Prison Hulk ship Leviathan moored at Portsmouth (TNA H09 09/12/1840). These floating prisons were used largely because the English prison system was grossly overcrowded and there simply was not enough space to house convicts on land.[1] Mentioned as an aside, it seems that Littleton escaped from the Leviathan on the 27th January 1841. There is little record of this daring escape but evidently Littleton was on the run for a considerable period; he was not transported to Van Diemen’s Land until September 1841. Following his arrival in February 1842, Littleton’s conduct record is full of incident. He was found guilty of attempted murder and was hanged at Hobart on 31st December 1842.[2]

This is the truly extraordinary story of James Littleton according to the records linked automatically by the Digital Panopticon. It is a fascinating account of a how a youth involved in petty crime transformed, on his return from Australia, into a hardened criminal. With an escape from prison and a sorry end at the hangman’s noose, James Littleton’s story has all the hallmarks of a box office epic. However, on closer inspection, all is not as it seems.

James Littleton arrived in Van Diemen’s Land in May 1833, having received a sentence of seven years. The conduct record for his first stint in Van Diemen’s Land, whilst very difficult to read, indicates that he was still there on 12th May 1839. In theory he could have completed this term and made the four or five month voyage to Britain in time to commit murder on 18th October 1840, though this seems unlikely. The transcript of his murder trial makes clear that:

the prisoner [James Littleton] and the deceased [Mary Nicholls] lived together, and slept in the same bed’.

This relationship suggests that Littleton had spent a significant period of time in London before he murdered Nicholls in October 1840. This narrows the window for Littleton to travel back to Britain and commit the offence even further. The logistics of such a journey work, but only just.

The descriptions of James Littleton upon his arrival in Van Diemen’s Land in 1833 and 1841 differ markedly. In 1833, he was reported as being 5ft 1in tall, with light brown hair and dark grey eyes. He also had a tattoo in the shape of an anchor on his arm. By 1840 however, he had grown 6½ inches and had black hair, while the tattoo on his arm had vanished. In 1833 Littleton’s occupation was listed as a ‘baker’, yet by 1840 he was classed simply as a ‘laborer’.

James Littleton’s trial in November 1840 was high profile and was covered by a number of newspapers. This report is taken from The Standard (Saturday 24/10/1840; Issue 5101):

James Littleton, alias Shamus, a ruffianly-looking fellow, aged about 25 years, who had been repeatedly brought to this court and convicted for violent assaults upon the police… On the prisoner having been placed at the bar, Mr Combe [the Judge] recognised him as one whom he had seen before on charges at this court. Policeman 49, Q division, stated that the prisoner [James Littleton] had frequently been charged at this and other courts for violent assaults, and he had been once cast for death and left for execution. Seven years ago he had been convicted of a rape. The prisoner denied this, and said he had been acquitted of the charge.’

James Littleton did not deny being accused of rape; in fact, he was keen to show how he had been acquitted at a trial. Yet how can this trial have taken place seven years earlier (1833) in London if, as the record linking process suggests, James Littleton was actually on the other side of the world?

This evidence leaves only one possible conclusion; there were two James Littleton’s born within a couple of years and living within a couple of miles of each other. One was a tobacco thief from Holborn – the other a dangerous thug with a string of violent convictions.

A subsequent search for the second James Littleton’s prior convictions mentioned in The Standard, revealed evidence of a trial at the Old Bailey in September 1839. A ‘James Lyttleton’ was convicted of stealing a basket and ‘three pecks of French beans’ in August of that year and was sentenced to six months in prison. The irregular spelling of ‘Lyttleton’ meant that this information did not appear in the records compiled by the computer. It proves that we are in fact looking at the exploits of two people. Our first James Littleton was still in Van Diemen’s Land in May 1839, so cannot be the same person who committed this offence in London in August. There are indications that the second James Littleton may have faced trial in 1838, which would provide categorical proof that there were two people; however the record of this trial is proving difficult to locate.

This search also revealed earlier records of the first James Littleton’s criminal career. Aged just 13, in April 1829, he was accused of pick-pocketing. Despite the loss of a considerable sum of money, the prosecutor failed to turn up to the Old Bailey and Littleton was acquitted. His next appearance in court was in October 1830. This time Littleton appeared as a witness in the trial of two 14 year old youths charged with the theft of snuff boxes and pipes. Although, the two defendants were put to death for this crime, Littleton, despite playing a part in the robbery, faced no charges. These records were not matched because they contain little information about Littleton himself – for instance, they lack specific details regarding his age or appearance. However, they seem to fit with the petty nature of his subsequent crimes.

This complex case illustrates some of the drawbacks of linking records together in this way. By creating matches based on names and ages, two (or maybe more) individuals can be confused for one. Also, this method is ultimately reliant on the searcher themselves. A program can only search what a user inputs. If, in my initial search for James Littleton, I had typed ‘L*ttleton’ to cover other possible spellings, this story would have become a lot clearer a lot sooner.

Such algorithms are extremely powerful tools to identify potential links between individual records and are vital to constructing convict lives, however the links created cannot always be completely relied upon.

Below are alternative timelines for each James Littleton:

James Littleton (1)

1815/6: Born

09/04/1829 (aged 13): Found not guilty of pocket-picking

28/10/1830 (aged 14): Appears as a witness in a trial of two 14 year olds who stole snuff boxes and pipes – involved but not convicted

18/10/1832 (aged 16): Found guilty of stealing food – sentenced to one month in prison

29/11/1832 (aged 17): Found guilty of stealing cigars – transported for 7 years

20/12/1832: Sailed to Van Diemen’s Land aboard the Lotus

16/05/1833 (aged 18): Arrives in Van Diemen’s Land

06/06/1833: Given 12 lashes on the back for being ‘absent without leave’ and for showing insolence to a ‘Mr Pearson’

16/07/1838: Disobeyed orders and showed highly improper conduct for allowing a servant to be drinking in a hut with two female prisoners until one of them was drunk. Sent to a Road Party on probation 21st July 1838

From this point on his story is unclear. His conduct record is dated 12/05/1839 which suggests he was still in Van Diemen’s Land at this point but it gives little clue as to his life after the end of his sentence.

James Littleton (2)

1813: Born

1813-1839: Prior convictions – assaults on Police Officers and/or rape – also a possible trial in 1838

16/09/1839: Found guilty of stealing French beans – sentenced to six months in prison

23/11/1840 (aged 27): Tried at Old Bailey – found guilty of murder – transported to Van Diemen’s Land for life

09/12/1840: Held prisoner on the Prison Hulk Leviathan in Portsmouth

27/01/1841: Escaped from prison

28/09/1841: Transported to Van Diemen’s Land aboard the Tortoise

19/02/1842: Arrives at Van Diemen’s Land

31/12/1842: Executed at Hobart

 

[1] Robert Hughes, The Fatal Shore: A History of the Transportation of Convicts to Australia, 1787-1868 (Sydney, 1986), pp. 41-2.

[2] For a brief account of this hanging see Steve Harris, Solomon’s Noose: The True Story of Her Majesty’s Hangman of Hobart (Melbourne, 2015), Ch. 10.

Bound for Botany Bay? Old Bailey penal sentences and their implementation

The opportunity to connect each Old Bailey convict from their trial, to the ship they sailed on, to the records of their lives in Australia is only one of the benefits of the huge data -linkage efforts currently being undertaken by the Digital Panopticon. However, as this process develops we are presented with a second opportunity – to see where data is missing, and to follow those who seem to disappear between datasets. So far, this has been most apparent in the case of those sentenced to transportation but who are absent from records of convict vessels, or convict arrivals.

Leading historians of transportation, such as Digital Panopticon partner Deborah Oxley have estimated that anywhere between one quarter and two thirds of those sentenced to transportation were never actually sent to Australia. Initial investigations indicate that between1782-1800 3,801 men, women, and children, were sentenced to transportation at the Old Bailey. Yet just over two-thirds of these convicts (2468) do not appear in the next relevant data set – the British Transportation Registers.

It seems clear that the road from arrest to Australia was rarely so straight forward as suggested by many contemporary and later popular accounts. Testimonies given by the officials who ran the transportation system tell us that it was predominantly those below the age of 50 years (45 years for women), and those convicted of the most severe crimes that were selected for transportation.  Historians have also provided evidence to suggest that it was not only the young, but also the practically skilled that were preferred for transportation to Australia. Yet the disparity between sentencing and implementation of transportation suggests that, at present, histories focussing on those transported tell only half of the story. For a fuller picture of how this penal process worked we now have the chance to start tracing those that were left behind.

Preliminary findings suggest that the missing convicts can be traced to three main groups.

The first group of convicts did not even make it to the secondary phase of transportation – that is detainment on the hulks or in holding prisons. Instead their ill health saw them detained in Newgate hospital ward until eventual death a few weeks or a few months after their trial. In the cramped and insanitary conditions of Newgate Gaol, fever was rife and infection spread quickly. Most of those who died were only recorded as having very generalised ailments. Coroners would regularly record a death with little detail, listing simply fever, decline, despondency or ‘natural causes.’

Inside Newgate Gaol

There are of course some exceptions that give us a little more detail. For example, forty-year old Thomas Kennedy was tried at the Old Bailey on 12 July 1797 for the theft of a silver watch. He was found guilty and sentenced to seven years’ transportation. He died in Newgate in April 1799.

Most of those who died in these vague circumstances were the elderly, at least in transportation terms.  These generic fevers, fits, and decline listed as causes of death for those in Newgate could be a myriad of infections that could be found in any of the densely populated areas of London. Sickness such as typhus, typhoid, dysentery, pneumonia, and tuberculosis spread quickly and fatally in the confines of the gaol. Those without strong immunity – especially the elderly or very young were especially at risk.

There were also other convicts who died in gaol as the result of pre-existing illness such as venereal disease, heart problems, and jaundice. Robert Fosgate was sentenced to seven years transportation in October 1787 for the theft of a large amount of clothing. After a year waiting in the gaol suffering from venereal disease, he died of its effects in November 1788. Similarly Peter Rock whilst awaiting transportation in Newgate but three months after of trial he succumbed to the effects of jaundice, and dropsy – a common symptom of heart failure.

A second group of missing prisoners were delivered on board the floating prison ships, the hulks. Some died after accidents on board the ships, others drowned after falling overboard or during escape attempts. Both occurrences could be common upon such vessels. Other men could have remained on the hulk either until the expiration of their sentence – the collection of new data regarding the hulks will allow us to more fully understand why this might have been – or some would have died from illness or infection in the hulks which were described as ‘the most brutalizing, the most demoralizing, and the most horrible’ of British penal history, and where the death rate was estimated to be twice as high as that of the English population in general. [1]

Inside Hulk

The third and final group that our initial linkage has shed light on are those who received pardons. At present our understanding of this process is limited. For women, pardons were complete, dissolving the woman’s conviction and setting her at liberty. However a pardon could come a substantial time into the sentence. Those awaiting transportation could wait years before their sentence was commuted or their crime pardoned. Hannah Findall was sentenced to seven years’ transportation in 1793.   It was not, however until September 1797 that she was pardoned. For male convicts, a partial pardon was more common than a full one. There could be several conditions attached to such freedom. Commonly this might be service in the army or on the high seas. On the level of individual cases it is impossible to say with any certainty what the criteria for pardons or commutation might have been. However, when the data linkage process is more complete, it will be possible to analyse these convicts in aggregate, and view the commonalities in their ages, crimes, sentences, and skills.

Making it from the courtroom to Australia, then, was not just about being young and healthy. It seems to have actually been about not already being sick, vulnerable to illness via age or an existing condition, and perhaps about not being useful to the state for something else. As the work of the Digital Panopticon continues, there will doubtlessly be other disposals we discover which will again change how we think of the transportation process. As the data-linkage on these records progresses we are hoping to produce more accurate proportions of sentence implementation – or failure – and will be able to visualise whether this changed over the convict period. We have the opportunity to gain some new perspectives on transportation that don’t just note numbers of those not eligible for transportation, but also give more of an idea about who they were and what fate awaited them.

 

[1] T. Forbes ‘Coroners’ Inquisitions on the deaths of Prisoners in the Hulks at Portsmouth England in 1817-1827’ in Journal of the History of Medicine and Allied Sciences (1978), 33, 3, p.358. See also B. Webb and S. Webb,  English Prison’s Under Local Government (Longmans,Green, and CO.: London), pp. 45-46.