© Meg Dillon 2008
Australian Colonial History
Chapter 4
More arduous than being a soldier? Convict police —
their work, leadership and the stresses of the job
This chapter will use the Campbell Town bench book to explore the
realities of police work in the mid 1830s. While previous historians have
catalogued many incidents of common police corruption, mostly compiled
from newspaper reports, there is a danger that the emphasis of the
existing literature will leave the impression that the force was ineffective.
As Sturma points out, there is a second danger too. Police corruption has
historically been a long run phenomenon and is certainly not limited to the
era of convict policing.
1
This chapter will attempt to rectify the deficiency in the current literature
by employing the magistrates’ bench records to explore the day to day
realities of convict policing in the 1830s, as the duties of the police
magistrate and his staff expanded during the period of Arthur’s
administration. The court records provide a means of exploring the ways
convict constables reacted to issues of loyalty, the power and class
struggles with local magistrates and abuses from other convicts and
emancipists. This chapter will approach the convict constables as people
caught for a moment in the public gaze, and demonstrate why the job of
policing a district was seen by some of their contemporaries as a more
arduous job than soldiering.
2
While the variety of police work had increased by the mid 1830s, putting
pressure on both superior officers and constables, the quality of active
policing was still in its infancy. Although Arthur argued their role was
“detecting” as well as control, there were few examples of successful
detecting in the 1835 bench book.
3
Such work was often left to the senior
officers if it was done at all. John Lyall was the acting chief district
constable when Henry Emmett, a local storekeeper, called him in to
investigate a suspected theft at his store. It must have surprised Lyall
considerably to discover that Emmett had almost completed the entire
investigation before he arrived. Indeed Emmett later used the court as a
stage to play out his powers of deduction almost as if suggest that the
local police and their commanding officer were far less capable than he in
resolving cunning thefts. Emmett delivered a masterly summary of his
efforts to the court, which contained more than a hint of irony. He charged
two of his assigned shop men with stealing 26 gallons of porter, 13 gallons
of Cape wine and 4 gallons of rum over a period of several weeks. The
quantity was too large for two men to consume without Emmett noticing
they were frequently drunk, so it was probable they had stolen the liquor
to resell it illegally around the village.
When he discovered his loss, Emmett removed the assigned servant, who
had been ordered to sleep in the storeroom to protect the goods, and had
another convict securely nail up the loft floor above the shop. He returned
secretly, late on the Saturday night, and placed some goods on top of the
liquor casks. On Monday morning he found the goods had been moved. In
addition, he explained to the court, “I felt assured the premises had been
entered and proceeded to examine the boards (of the loft floor)…I
immediately perceived one of the boards to be split, by which means it
was moveable at one end, and by moving it found a considerable opening
was made to the cow house below”.
Certain that he knew who the thieves were, Emmett sent for chief
constable Lyall, who arrived and searched the servants’ rooms, where he
found several bottles of spirits. Although this appeared to be proof
enough of their guilt, Emmett told the court that he continued to gather
evidence. “I afterwards examined some of the spirit casks, in particular a
cask of rum, which had been deposited with the store on Saturday last
only and found that something more than two gallons had been taken out
of it. From a cask of brandy I also found something more than one gallon
had been taken. I have compared the rum in the bottle produced by Mr
Lyall with a sample of that taken by me from a cask in the store, and I have
no doubt it is the same rum. I have not yet compared the brandy”.
4
Emmett had suspected a long standing and continuing robbery, taken
steps to prevent any further thefts, collected evidence of the break in,
questioned the suspects, noted their responses, and finally called in the
chief district constable.
5
Emmett’s investigation was more detailed than
any police investigation that was recorded in the magistrate’s bench book
for 1835 and implied that the concept of logical investigation was possible
in 1835, but more likely to be undertaken by the victim of a criminal act
rather than the police or their officers. The truth was that in a rural police
office the general round of duties left little time for sleuthing despite the
governor’s assertion that detecting crimes was one of the main duties of
his police.
Rural police magistrates gained more responsibilities as their office began
to function as the key local bureaucracy responsible for a range of duties
that later would fall under the jurisdiction of local government. Convict
control remained a substantial part of the duty of constables, particularly
the newly recruited. They performed escort duties, attended to fines, dealt
with disorderly persons, and enforced the growing numbers of regulations
about hawkers, carriers, bakers, coaches and permits for selling wine and
spirits.
6
But the convict police were the magistrates’ deployable staff and
had to gradually extend their duties from these tasks to many additional
functions. The increase in their duties sometimes perplexed their critics,
who thought that the primary function of the police was to exercise
control over the district’s convict work force and not to interfere with the
likes of free settlers.
By the mid to late 1830s, police magistrates were responsible for
supervising the work of district surgeons, rural postmasters and their paid
convict post messengers, local coroners and inspectors of stock. They also
made recommendations to these appointments thereby exercising a
degree of local patronage.
7
They enforced the licensing laws and
prosecuted local publicans for harboring and serving convicts.
They established pounds and deployed constables to run these, an
unpopular duty, as farmers resented paying fines for stock that had
strayed and hated the Slaughtering Act which forced them to pay for
inspectors who verified the ownership of all stock slaughtered for meat.
The magistrates oversaw the local Courts of Request that settled small
debts thus creating security in everyday commercial transactions. The
magistrate’s office sometimes dealt with welfare issues concerning women
and children. Frederick Forth, police magistrate in 1836, for example,
received a letter from his district constable at Ross asking what could be
done to help a married free woman who had been turned out of doors
with a black eye by her husband who had been drunk for a week.
8
The
magistrate’s office also acted as a labour exchange responding to
desperate settlers seeking convict labour for the grain harvest.
9
The office
provided information about the availability of ticket of leave men, taken
from the monthly musters, and sometimes public works convicts could be
temporarily deployed to assist settlers to get their crops in.
In addition, some police magistrates could be expected to supervise and
assist extensive public works projects in their areas. Throughout the early
1830s the various police magistrates in the Campbell Town district
supervised the expansion and repair of police buildings in the government
compounds and at remote police outposts.
10
Superintendents of road
parties in the district were supported by local police who helped move
convict gangs and equipment to new sites, and new levels of co-operation
were initiated between the Roads and Bridges Department in Hobart and
local police magistrates, including the use of shared offices for police and
road project superintendents.
11
In 1836, police magistrate Forth, a former
military engineer, also acted as superintendent of the public works gangs
that built the Red Bridge in Campbell Town.
12
To cap things off, the role of keeping track of convicts also became more
complex as increasing numbers of forms were required by the Chief
Magistrate’s Office and larger numbers of assigned and ticket of leave
convicts came to work in the district. Annual convict musters, monthly
ticket of leave musters, abstracts of local absconders, weekly abstracts of
cases heard, depositions for particular cases, police characters (references
for convicts), travel passes, financial accounts and pay abstracts were just
a few of the dozens of documents that were produced or submitted to
Hobart from the police magistrates’ offices.
13
Preventative policing also
started to gain momentum by the late 1830s and some thorough police
campaigns were mounted in the Campbell Town district. For example, an
extensive sweep through bush land was conducted by police, to burn
temporary huts where absconders could shelter.
14
On another occasion,
over forty men, including police, participated in a search for a bushranger,
a costly exercise that ran over many days.
15
In an era of mounting demands the high turnover of convict police and
their officers, who rarely stayed for more than three years in a rural police
office, presented considerable problems. While officers had high
expectations of the constables’ performance of their duties, there were no
plans to train them beyond the imposition of a rigid system of military-
style discipline.
16
The arduous demands of these duties were described
by James Mortlock, who served as a rookie constable for several weeks
before persuading the police magistrate to transfer him to the less
strenuous position of watch house keeper. As Mortlock described it:
A petty constable being supposed continuously to patrol an appointed
beat, from eight o’clock in the evening until six next morning, anyone thinly
clad found the duty very severe, especially in a strange place, during a
dark, wet, cold night, the latter part of which he passed in a state of
shivering, hungry drowsiness, quite incompatible with effectiveness. The
hours of darkness should always be divided into at least two watches.
Those few weeks were extremely harassing; I cannot remember that any
period ever inflicted so painful a trial upon my fortitude…
17
The absence of active policing in preventing petty crime was seen by some
contemporary critics and later historians as evidence of a widespread
corruption. While this was likely in some cases, the lack of preventative
policing can also be interpreted as a lack of active leadership by local
superior officers as well as a failure to develop policing procedures that
actively investigated local crime. At this time, however, neither the new
British police services nor the colonial forces had reached a stage of
development, when leadership or policy goals could be clearly defined and
implemented across the force.
18
In Campbell Town, a heavy turnover of senior staff occurred between 1832
and 1836. The men who acted as police magistrate during those years
were local farmers, with business responsibilities, and each seemed to
attract a level of local support from different factions. Simpson and Leake
appeared to be remembered fondly by local emancipists as fair men. On
the other hand, some of justices of the peace criticized Leake for
preferring the testimony of convicts to the word of a gentleman. Leake’s
replacement, John Whitefoord, was a farmer from Oatlands, who
sustained strong criticism in local papers from the emancipist and small
trader factions, but was later appointed by Arthur to the permanent
position of police magistrate at Oatlands.
Captain Frederick Forth, a military engineer, followed him to build the Red
Bridge at Campbell Town and impose firm order. Forth had served on
Governor Arthur’s staff and was a professional colonial public servant who
arrived from a position in the West Indies. Forth managed the bridge
project well, but was dismissed by Governor Franklin in 1839 for failing to
adequately supervise the collection of quit rents in his office. His free clerk,
George Emmett, was at first charged with embezzling the funds but the
charges were dropped when it was discovered the money was not missing
but merely mislaid.
19
There was a strong suspicion that as well as putting
up a bond for the young Emmett, his friends may have also provided him
with sufficient funds to remedy the deficit and clear his name. His father
and brother had been similarly charged and escaped prosecution while
serving in other government positions.
20
The quality and commitment of the local chief district constables in the
mid 1830s was questionable too. There was little incentive for them to stay
very long in the job. Despite having the responsibility for the overall
management of the local police force, their small salary of ₤75 per annum
was generally supplemented by holding other official part-time positions
such as the summoning officer for the Court of Requests with
remuneration of ₤50, pound keeper or Inspector of Stock.
21
Some, like
Francis Small only stayed ten months in the job before obtaining the
better paid position of Superintendent of Convict Writers in Hobart in
February 1835.
22
Particular duties were unpopular with some convict constables. After the
comforts and camaraderie of the police barracks at Campbell Town or
Ross, the isolation and loneliness of a month’s duty reporting to James
Sutherland, the local magistrate on the Isis River was quite unwelcome.
Sutherland imposed strict control on the rostered constable who had to
report to him daily and whose off duty hours were spent alone at the
police hut situated on a neighboring farm. An incident in 1835
demonstrated how severely Sutherland dealt with any perceived breach of
duty. Sutherland explained to the police magistrate how he was “called out
of bed, by one of my servants, tapping very gently at my window, and
telling me, that the constable was at that moment, harboured in (Joseph)
Albany's bedroom.” Sutherland left the house immediately and
accompanied by his servant, William German, went out to the kitchen door
and confirmed that German’s information was correct.
William German had a busy evening. When constable Thomas Kirby
arrived for the start of his month at the Isis, he first delivered the mail to
Sutherland’s where German had overheard the cook, Albany, arrange to
meet Kirby later that evening. German went back several times to check
the kitchen and cook’s room to see what was happening and eventually
around eleven o’clock, he heard somebody talking in Albany's bedroom.
He went through the kitchen and surprised the two men demanding to
know: “What games do you call this. This I said in consequence of seeing
meat and potatoes. Kirby asked me to have some supper. I refused and
went and told the men, in the hut and they advised me to tell my master.”
After informing Sutherland, German was keen to ensure that Kirby didn’t
leave before Sutherland found him, “so I returned and held the kitchen
door. Kirby said Open the door—open the door. But I would not do so till
my master came.” Sutherland was not convinced by Kirby’s explanation
that he had lost the key to his handcuffs and had returned from the police
hut to try and find it, as he could have searched for it the next morning
when he reported for duty. Sutherland was scandalized that it was late at
night and that “Albany was entertaining Kirby with supper.”
23
Convict constables had to be careful. There was always someone, either a
settler or a fellow convict, who hated or mistrusted them and would try to
expose them to punishment. Police were caught between the two groups
and in many respects could trust no-one. From the court records it’s not
possible to deduce whether German was trying to pay back either the
cook or the constable, or even if he was one of those convict servants who
had aligned himself with his master’s interests and dobbed in fellow
servants for his own gain. Kirby clearly knew he was not supposed to
fraternize with Sutherland’s assigned servants, when he tried to buy off
German by inviting him to join them at supper. Whatever social contacts
constables made with the general convict class was likely to be viewed
with suspicion by their officers as it could potentially compromise their
loyalty.
24
The court records also don’t include enough information to
judge whether or not the magistrate suspected the friendship between
Kirby and Albany was more intimate than a simple social call, or more
criminal, and that the two were involved with theft or fencing goods.
Certainly the sentences given to both men suggest they were being
punished for more than having supper together. Albany was sentenced to
thirty five lashes and returned to the Crown for reassignment and Kirby
was suspended and spent six months in a road party before resuming his
police duties in Campbell Town. This harsh regime of isolation from both
the barracks and companionship throws some light on why another
constable later in the year begged the chief constable to relieve him of his
duty at Sutherland’s.
25
There were other cases where convict servants tried to manipulate their
master’s lack of trust of convict constables in the hope of gaining an
advantage. John Smith, a former baker, was employed as a convict javelin
man (guard) at the Campbell Town jail. One morning after the church
muster he came across John Maker outside the Blue Anchor inn. Maker
had worked for Henry Jellicoe, a local magistrate, for nine months and
confided to Smith that he wanted to leave Jellicoe’s employment and get
another master. Smith told him that the way to do it was to pretend to
abscond and that Smith could come and pick him up at a pre-arranged
spot. That way they could share the ₤2 reward that Smith would get for
Maker’s recapture and Maker would be returned to the Crown for
reassignment. The plan was enacted, however, Maker was sentenced to
Notman’s road gang instead of being returned for reassignment as he had
expected. A further unpleasant surprise was that Smith could not give him
the ten shillings he promised until he got his quarterly pay, but instead
gave Maker tea and sugar to take with him to the gang. Six months later,
Maker was released and assigned to another magistrate, John Leake, at
which point he pressed his claim for the ten shillings he was owed.
Maker not only wanted to get his own back on Smith, whom he believed
had failed to honor their agreement, but felt he could use his new master
to do so. He told the whole story to Leake, including his recent attempts to
collect the money owed to him. He confided that “about six weeks ago I
was in Campbell Town and I asked him (Smith) for money on account of
the absconding. He gave me half a crown. This was at the back of the
police office.” Maker told Leake he couldn’t provide a witness to this
conversation but when he asked Smith if that was all he was going to give
him, Smith replied “Yes, and if I was not contented he would give me in
charge if I asked for any more”.
Although Leake claimed he was initially dubious of Maker’s motives, he
was convinced when Maker explained that he didn’t tell Leake, “in order
that the javelin man might be prosecuted”, but that, “he thought it was a
scandalous thing when he had bolted that the man should only pay him
half a crown and then threatened that if he troubled him for anything
further he would take him into custody”. Apparently Maker’s sense of
outrage moved Leake to take action.
Leake advised Maker to make several applications in writing to Smith for
the 7/6d that he owed him but Smith again refused to pay up, telling the
man who presented the order that he didn’t know Maker. Leake sent
Maker back to Smith, with the groom accompanying him to act as a
witness to their conversation, but again Smith declined to pay up.
However, Smith was becoming suspicious of Maker’s persistence and
asked him how he came to serve the order in that way and kept the note.
The groom, when questioned later in court, was quite unhelpful to either
party in the matter, saying he had only seen the note passed to Smith but
hadn’t heard what they spoke about.
Meanwhile Maker claimed he had met Smith later, while he was droving
some sheep into the village and arranged to meet him near the jail where
he “gave me about a quarter of a pound of tea and about two lbs of
sugar.” By all accounts, either Smith felt he had paid off Maker sufficiently
with a half crown and two lots of sugar and tea, which apparently he had
taken from the jail’s supplies, or the tale was a fabrication.
26
The police
magistrate dismissed the case for lack of evidence thus avoiding
antagonizing Leake, one of his local magistrates, while at the same time
putting his convict constable—Smith on notice. Making something on the
side out of police work, if that was what Smith had actually tried to do, was
a lot more difficult than the critics of the police anticipated. Any
disgruntled convict with an axe to grind could complain against them and
at least get a hearing, apparently without much risk to themselves even if
they implicated themselves in an illegal transaction.
In any case, additional income from rewards for apprehending absconders
or drunks was actually quite modest if other rural districts were similar to
Campbell Town. The local courts processed around 110 men for being
drunk that year, which raised around ₤28 from the 5/- fines.
27
In addition,
constables apprehended around 36 absconders, so around ₤72 could be
distributed from the ₤2 rewards. Twenty one constables claimed rewards,
but most only apprehended one or two absconders during the year. Three
constables seemed more successful than most, although by October
senior officers were beginning to wonder if some constables were
deliberately losing prisoners they were escorting in order to try and claim
a reward for recapturing them. Constables Holden and Moore each
captured four absconders, but Moore was eventually fined for letting
prisoners escape. William Bowtell held the district record for capturing five
absconders.
28
However, most of the Campbell Town constables would
have been lucky to earn an additional ₤2 - ₤3 from rewards and fines in
1835.
Yet even if it was difficult to make extra money out of police work, some
police had information to exchange that they could use to their advantage.
Stock theft was rife in the district according to settlers, but few convicts or
emancipists were prosecuted for it. As chief constable Lyall found out, they
operated at night and in out of the way places which made them too hard
to catch in the act. Perhaps convict constables at Lake River or St Pauls
Plains had suspicions or even firm information about some local
characters, if they did, they rarely appeared to follow it up.
However, this information could be a very valuable commodity of
exchange for a convict constable in trouble. Constable Richard Collins, a
former basket maker from Woolwich, was only twenty four years old when
he was sentenced to nine months with the Constitution Hill road party for
inducing two assigned men to buy him drinks at the Blue Anchor Inn in
Campbell Town. He had an excellent conduct record and this was the first
misconduct recorded against his name in the six years since he had
arrived in the colony.
29
Collins only stayed four weeks with the gang before absconding. Four
soldiers later testified they overheard him say “he would rather hang
twenty men to save his punishment on a chain gang”, and although Collins
denied using this phrase, it seems clear that his first experience with a
road party created a very strong incentive for him to avoid returning to his
punishment.
30
Collins remained at large for eight days at the end of
February, during which time he made his way back to the Campbell Town
district. There he gave himself up to Mr Davidson and Archibald McIntyre,
the divisional constable, on Davidson’s farm at Salt Pan Plains.
31
He
appeared before Magistrate Whitefoord and was initially arraigned to be
returned to the Constitution Hill road gang for sentencing.
Collins spent ten days in the Campbell Town jail waiting to be returned to
his gang, and during this time he and constable Thomas Griffiths devised a
plan. Collins told the police magistrate that he had valuable information
that could convict sheep stealers at St Pauls Plains on the property of the
magistrate, Major William Gray. Eager to improve the local conviction rate,
Whitefoord ordered Collins to work with Griffiths at the Avoca police office
rather than returning him to Constitution Hill.
A fortnight later, the two constables staked out the hut used by a couple of
ticket-ofleave convicts named Macpherson and Spicer who worked for
Gray. Griffiths told the magistrate that early in the morning they saw
“James Macpherson and another person killing a sheep which proved to
be the property of Major Gray”. As they moved in to arrest them, one
escaped, but Macpherson was secured. They picked up a third man, James
Spicer, in the hut. Several days later, they apprehended William Duncan
whom they strongly believed “to have been the person who was with
Macpherson on the night in question.” As Griffiths put it: “He answers to
the description of Macpherson's companion in all respects. I can’t venture
to swear to him—having had no knowledge of the prisoner before, and the
night being dark”.
Collins could do little better. Although he believed Duncan to be the
culprit, he confessed that: “I can’t swear to him.” He reported, however,
that he had seen Duncan at Avoca, the night before the offence took place
and had seen him several times at Macpherson’s hut. Griffiths further
damned Duncan by claiming that, “the prisoner has told me he is night
shepherd to a person named Smith who bears a very indifferent character.
He left the neighborhood of Avoca directly the subject of sheep stealing
was made public”. Duncan countered these claims by providing an alibi of
sorts for the night. According to his testimony he had stayed with Robert
James and Paddy Sullivan at Avoca “from dark at night to sunrise” and
volunteered that Sullivan at least had been sober.
Given the fragility of the evidence, Police magistrate Whitefoord acted with
caution. All three men had their tickets of leave suspended. Duncan was
given some benefit of the doubt. He was sent to the town surveyor’s gang
in Launceston, one of the lighter punishment stations. The charge against
Spicer was dismissed as he had not been caught with the sheep.
Nevertheless, he was relocated to a road party for twelve months.
Immediately, however, the case raised public suspicions. When McPherson
was convicted as a sheep stealer at the Quarter Sessions, the Colonial
Times informed its readers about Collin’s recent sentence to the road gang
and revealed that Griffiths had been tried four years earlier as a
bushranger, along with a gang of seven or eight other men. Despite the
severity of this offence, he had not only escaped a hanging but had been
made a constable.
32
Although the paper did not directly state it, readers
would have inferred that Griffiths may have saved himself by giving up the
information that hanged his companions. By comparison, the Colonial
Times argued that McPherson’s character was more trustworthy than
either of the two constables, as Major Gray must have had a good opinion
of him when he employed him as his shepherd. Both Collins and Griffiths
remained in the local force, Collins being officially reinstated in July. It is
the only recorded instance in the bench book of constables successfully
catching suspected offenders while they were committing a felony.
The paradox of the convict constables lay in the need for them to be able
to exert appropriate control over others, while displaying subservience to
their officers and the magistrates in keeping with their lower class and
their prisoner status.
33
It took considerable skill for constables to be
constantly negotiating this dangerous ground as two of them discovered
one evening on the Main Road, while shifting a convict public works gang
to a new location. Constables Isaac Bowater and Richard Cloak had
unhitched their bullock carts and set up their night camp at Snake Banks
on Captain William Wood’s land. Wood, the local magistrate, sent his son
to enquire who they were. John Wood made his enquiries circumspectly,
perhaps used to the growing assertiveness of convict workers. As he
explained to the court, “I went down and asked them if they had leave to
stay there and told them if they did not ask permission I could take the
bullocks to pound. Cloak said in a very indifferent manner they should not
leave till tomorrow morning and that I should not impound the bullocks. I
left them and returned to my father and acquainted him with what had
occurred”. Not satisfied with this lack of respect and continuing refusal to
seek his permission to camp, Captain Wood and his overseer rode down
and told them to leave. Capt Wood met with the same assertiveness.
When confronted with the demand, Cloak once more replied that he
would not leave until the morning. As Captain Wood explained, “I then
directed my sons to get their horses and take the bullocks to pound. One
of my servants took one of the prisoner’s horses. The prisoner Bowater
said something to the servant, which I did not hear, it induced him to call
me up. I desired Bowater to immediately tell me his name. He knew me to
be a magistrate. I am a constable, constable Bowater. This he said in a
contemptuous manner and turning upon his heel walked off saying to the
overseer, “it is of no use saying any more”.
34
What makes this confrontation interesting is that it happened within
earshot of the road gang. Bowater and Cloak knew they would lose
credibility if they backed down and insisted on their right to camp there as
they were on government business. Wood, however, was furious that his
authority as a landowner, gentlemen and magistrate had been challenged
by two serving convict constables. The confrontation provides a good
illustration of the ambiguous role of the convict police and the tensions
that would rise when they tried to assert the authority that had been
vested in them. Local magistrates were aware of these tensions, but also
seemingly unable to resolve them either. Peter Murdoch, captured this
when he told the Molesworth Committee that “I think Colonel Arthur had
got the police of the colony to a very high pitch of discipline, but still it was
not less disagreeable to the feelings of us as independent magistrates.”
35
Convict police lacked the moral authority to pursue their role fully and the
class authority to subject the middle class to their orders.
Although there is some evidence, mostly reported in newspapers, that
some police rough handled or beat suspects, they were also the victims of
beatings which added greatly to the stress of their jobs.
36
The general
level of violence and drinking amongst some working class men in Britain
and the colonies may have been a contributing factor to this.
37
The
physical brutality of the convict system may have exacerbated this further,
by accustoming men to receiving and perpetrating violence. Some convict
police were caught in this cycle of violence as they could be both
perpetrators of violence against other convicts and victims themselves. An
examination of the conduct records of local constables showed that many
of them had been flogged at least once during their career as police, while
suspended and under punishment in road gangs.
As well as receiving institutionalized floggings the police were sometimes
beaten quite severely by emancipists while they were performing their
duties. During 1835 seventeen attacks on police were reported. Not many
of the minor attacks were prosecuted and were probably a reflection of
the general levels of violence in the community. In most cases the
assailant was drunk. In January, Ellen West struck Constable MacManus
when he found her running from constable West’s hut while drunk after a
probable domestic dispute.
38
Another constable was later threatened with a knife when he tried to
arrest an assigned carter on a farm. The man had arrived back very drunk
with two other assigned men, after completing some deliveries with the
farm cart. He refused to leave his hut and two other assigned servants had
to help to disarm him. Despite this, his actions did not appear to pose a
serious threat to the constable.
39
Later that year, a drunken emancipist assaulted constables West and
Johnson in the police office. West said in evidence:
Yesterday during the time the business of the office was going on,
the prisoner came near the office door. He was very drunk. I told
him to go away. He said; "B---gger you and Mr Whitefoord (police
magistrate) too.” I seized him by the collar and he struck me several
times. With the assistance of Cons Johnson, whom he also
assaulted, and others, we succeeded in lodging him in gaol.
40
Other assaults offended public decency more. Two men who were drunk
and fighting at the church service one Sunday morning had to be forcibly
removed by two constables, who were assaulted in the process.
41
These
assaults seem to be part of the general round of police work and one of
the hazards of the job, often an illustration of the resentment with which
convicts viewed police.
More severe assaults on police were the result of particular police
investigations and prosecutions. Neighbors called police to intervene
when Ellen Gregory, the stonemason’s wife was being beaten by her
husband’s assigned assistant, Edward Evans. As Evans was being taken to
the watch house by three constables, they were intercepted by Gregory
and his employee Bradford. Constable Holden told the magistrate: “when
Gregory came up he demanded that we should give up his servant. I
explained to him that we had taken him up for beating his wife. I am sure
it was Gregory that kicked me and broke my ribs. Bradford just struck me
with his fist under the ear”. Holden described the severity of the beating
and explained when asked, “I was ill for a fortnight and two days from the
effects of the treatment I received. I have not recovered from the bad
usage I met with. I cannot walk without
a stick”.
42
Sometimes, constables preferred to disregard minor incidents of
disorderly behavior. Constable Patrick Flynn of Ross was passing the Robin
Hood inn, the main drinking spot of convicts, when he was followed and
taunted by an emancipist drinker. Ironically he ignored the man’s behavior,
but one of the important landowners riding by, commanded him to do
something about the man’s bad language. Flynn explained in evidence: “he
(Love) struck me violently in the face with his clenched fist. I was taking
him to the watch house when Sweet came out of Dickenson’s Public
House. He laid hold of me and said:" Let the man go." I said I will not leave
hold him by the collar. He then struck me two or three times and kicked
me violently”. Neither Captain Horton, who had first complained, nor other
bystanders gave Flynn assistance, but Horton did ride to the watch house
and got police help. When they returned, Horton recorded that, “the two
men had then got the constable down and were pegging away at him as
hard as they could. The other constables came up and they were secured.
The constable was very badly used and I think he would have been very
badly treated indeed had I not been there”.
43
Although a more considered
opinion may have conceded that the incident would never have occurred,
if Horton had not insisted that Flynn arrest Love in the first place.
Sundays and evenings were key times for assaults on constables and
women, as they provided the leisure time for men to drink and fight. Police
were also vulnerable on other holidays and around public houses at all
times of the year. In particular, fighting was common if police tried to
empty out public houses especially at Christmas time in Ross.
44
Most of
the severe assaults on police happened in Ross, where the
institutionalized flogging of gang members, appeared to escalate violence
in the community, by former gang members who settled there.
Police were also likely to be injured when attending fights around the
villages between drunken emancipists or ticket of leave men. Respectable
people were likely to call police to intervene and this level of vigilance may
have helped reduce the number of serious assaults, as only around fifteen
resulted in court appearances. All assaults on police were likely to be
reported by them though, if only to explain how uniforms became torn or
injuries were received.
Other stressful conditions affected the quality of the work of the convict
police. Low pay made it difficult for convict police to afford to live honestly
and the records of the local Court of Requests show that some had to
borrow money from local lenders while waiting for their monthly pay.
Campbell Town petty constables received between ₤ 28 - ₤32 per annum
from 1828 to 1840 and rarely more than an additional ₤2-₤3 from
arresting drunks or apprehending absconders.
45
Few convict police were
married, unlike the British Metropolitan police where 75% were married
men.
46
Most Campbell Town police were unmarried and subjected to the
stresses of barracks life, or were rostered to live in the police huts at
remote locations. The three or four who were married appeared to have
lived separately in huts or rented houses in the village. A handsome brick
terrace of three houses, Gloucester House, was commenced in 1836 in
Church Street, Campbell Town. This was an attempt to attract more
married police and also a symbol of the middle class respectability that the
police magistrate hoped to encourage amongst his constables.
The system of convict police never functioned as efficiently as Arthur
boasted to his superiors in the Colonial Office. It was weak on detection
and relatively inefficient on surveillance, even though the idea of police
outposts commanding the rural roads seemed like a reasonable plan. New
chums who absconded could be more easily stopped and apprehended
on the roads than seasoned convicts who knew the ways of the colony, the
back roads and the bush. For old lags there were many spaces inbetween
through which they could travel where police, soldiers and settlers rarely
went. There were also many safe huts off the beaten track where they
would be welcomed and sheltered.
And yet, the convict police created a semblance of control, especially in
rural areas like the Campbell Town district, largely through the fear they
inspired. They knew the local population well: they heard rumors about
the assigned convicts and emancipists; convict informers knowingly or
unwittingly assisted them; they were well linked into the gossipy networks
of information that circulated in the convict world. But their reputation
was mainly based on bluff. They were not encouraged to show initiative,
were poorly trained and tightly disciplined. They functioned as an isolated
social group, necessary to the community but never welcomed as part of
it. The more respectable they tried to become, the more this pretension
was rejected by emancipists and settlers alike, who would not accept their
moral authority as convicts to enforce the law. Physically demanding and
relatively poorly paid, their job was at least as arduous as a soldier’s