Court and Prison Records

It was alleged that on 16 May 1845, James Goddard, age 22, broke into the house of John Edgel, of Hawley, Hampshire, and stole a clock. Information obtained from the Hampshire Record Office by Brian Goddard (of the Goddard Association of Europe) and communicated to me on 26 February 2002 by Julie Goddard (also from the Goddard Association of Europe), provided some further details of James Goddard’s conviction:

“James Goddard aged 22 was committed May 27th 1845 by F.R. Thornton Esq. and G. Birch Esq. He was charged with having on 16th day of May, in the tything of Hawley, that he feloniously broke into and entered the dwelling-house of John Edgel and stole a clock, the property of John Edgel. (He was) sentenced to transportation for ten years."

Julie Goddard comments further:

“Did you know what he was sentenced for? There seems more behind this than the simple act of stealing a clock. I see in the IGI that John Edgell married Martha Varndale 24 Oct 1840 at Hawley. But a James Edgell married an Ellen Goddard at Hawley on 25 Oct 1851.”

The record of the marriage between Ellen Goddard and James Edgel appears in the IGI FamilySearch Database as follows:

Ellen GODDARD - Gender: F Marriage: 25 Oct 1851 Hawley, Yateley, Hampshire, England. Married James EDGEL

James Goddard came before the courts as case No. 35 at the Midsummer sessions held at Winchester in 1845 (information from Julie Goddard, 14 February 2002). He was found guilty of house breaking and sentenced to 10 years gaol. Julie Goddard made a check of local newspapers published at the time of the trial and reported on the 29 May 2002 as follows:

“We eventually got back to Winchester again. I read the local newspaper for the date of James' trial, but it only reported that he had been accused of stealing a clock. Rather disappointing.”

An extract from the Southampton (Hampshire) County records (which I obtained  from the AJCP Records) contains the following information (from Criminal Registers for Counties S-Y; County of Southampton pp. 71 to ? (Reel 2828 -p. 85, County Sessions 30 June 1845). In addition to the entry for James Goddard in the Southampton County Sessions Record, there were records for Henry Harbor and Edward Smith. Both these convicted criminals were relocated with James Goddard to the Millbank and Pentonville Prisons in London.

Following sentencing of 30 June 1845, James Goddard was taken to Winchester Gaol. On 23 July 1845 he was transferred to Millbank Prison on the north bank of the Thames, a few kilometres upstream from the Houses of Parliament, and on the site where the Tate Gallery now stands. On 21 August 1845, he was transferred from Millbank to Pentonville Prison where he continued to serve his sentence for another nineteen months. He, and a number of his Pentonville cellmates, were then assessed as suitable for being granted a Royal Pardon, conditional on being exiled to Australia for the remaining period of their sentences (see note below on "exiles"). On 26 March 1847, he was relocated to Millbank, pending transportation. A summary of information on James Goddard  has been extracted from entries in the Millbank and Pentonville Prison records, and is given below in tabular format (Pentonville format) .

Compilation of James Goddard’s Entries in Prison Registers from Millbank and Pentonville

The records show that on 23 July 1845, three convicts were received at Millbank Prison from Winchester Gaol. These were: No. 6677 James Goddard, age 22; No. 6678 Henry Harbor, age 25; and No. 6679 Edward Smith, age 29.

In addition to “our” James Goddard of Hampshire, several other Goddards were imprisoned at Millbank and Pentonville during the years 1845-1847. Two of these convicts were also transported as “exiles” to the Port Phillip District.

John Goddard - a butcher convicted on 31 Dec 1844 for sheep stealing and sentenced to 10 years; he was initially imprisoned at Taunton Co. Gaol, and was received at Millbank on 28 January 1845; (Millbank Register for 1844-45, No. 5206).

James (Jas) Goddard – age 27, married with 2 children; a shoemaker and police constable; convicted for horse stealing on 27 February 1846 at the Hertford Assizes (see note below on Assizes), and sentenced to 10 years gaol. He was imprisoned briefly at Hertford Gaol and transferred to Millbank on 13 March 1846 (Millbank Register for 1845-46, Prisoner No. 8509). On 1 May 1846, at the age of 28, he was transferred from Millbank to Pentonville Prison, and the record includes the additional information that his weight was 11 stone 11 pounds, that he was born at Whitwell, Hertford, and that his deceased father’s name was Jeremiah Goddard. He was removed to Millbank on 6 Sept 1847 in Exile Class (Pentonville Register for 1842-47 Prisoner No. 1113). Shipping records (see below) show that he was transported to the Port Phillip District as an “exile” on the ship “Marion”, departing Spithead on 29 September 1847, arriving at Williamstown (Melbourne) on 25 January 1828.

John (Jno) Goddard – age 25, single, labourer was convicted at Coventry on 21 October 1846 for “stealing various items” and was sentenced to 7 years gaol. The record shows he had previously been convicted for felony. He was received at Millbank on 30 November 1846, and transferred to Pentonville on 21 January 1847 (Millbank Register for 1846-47, Prisoner No. 10839). His record at Pentonville contains the additional information that his weight was 9 stone 12 pounds, he was born at Bukswell, Coventry, and his father was Jno Goddard, Farm Labourer, of Bukswell. Changes to the Millbank record include statements that he was married, had one child and was a farm labourer. He was included in the group of "exiles" who embarked on the ship “Anna Maria” on 25 and 26 February 1848 (Pentonville Prison Records for 1842-1847, Prisoner No. 1317). Shipping records (see below) show the “Anna Maria” sailed from Woolwich on 9 March 1848 and arrived at Geelong on 23 June 1848.

Notes on "Exiles"

Despite the fact that convicts  played an important role in the development of a number of the early-settled states of Australia, public opposition to the practice of bringing convicted criminals to the colony finally resulted in a ban on convict transportation to New South Wales. However, Lord Stanley, Secretary of State for the Colonies, was able to circumvent the ban, by granting pardons to convicts who had been imprisoned for periods of 15 months to two years at Pentonville, Millbank and Parkhurst, conditional on them remaining in Australia until their original sentence had expired. 

In 1844, Queen Victoria sent the following directive explaining and endorsing the strategy of granting conditional pardons to former prisoners before transporting them to Australia . It was addressed to the Governor of New South Wales (who was responsible for the Port Phillip District) and the Lt. Governor of Tasmania, then known as Van Diemen's Land. (Note: I first saw this statement from Queen Victoria in an article by Les Pickering of the South Cheshire Family History Society. The reference to the article is given in Credits and Links).

"We, in consideration of some circumstances humbly represented unto us, are graciously pleased to extend our mercy and grace unto them and to grant them our pardon for which they stand convicted. On condition they do remain and continue within Our Australian Territories whither they are about to be sent in pursuance of their respective sentences, for and during the remaining term of such respective sentence. Our Will and pleasure therefore is that you do take notice hereof and that upon of the before mentioned persons in our said Australian Territories, this our pardon shall have the effect of a free pardon within our said Australian Territories, and for so doing, this shall be your warrant. Given at Our Court of St. James, the Tenth Day of October 1844 in the Eighth year of the reign. To Our Trusty and Well Beloved Lt. Col. Sir George Gipps, Governor of Our Territories of New South Wales and Sir John E. Eardley Wilmot, Lt. Governor of " Van Deimans (sic) Land" and all those whom it may concern.

Victoria R.I.

The British Government was thus able to send "free men" to the Port Phillip District during the period 1844-1849. These transportees became known as "exiles". For a detailed description of exiles, readers are referred to the publication by Ian Wynd entitled “The Exiles - Convicts from Great Britain 1844-49” (see reference in Credits and Links).

Note on "Assizes"

"Assizes" were provincial civil and criminal courts held by royal judges sent out from the central courts. England and Wales were divided into seven circuits, each being a group of counties. Within each circuit, two or three judges and a number of barristers moved from town to town. They held assizes two or three times a year in each town. From The World Book Encyclopedia (1976), volume 25 page 29.