Francis Hearn (1800 - abt. 1881)

Born 1800 in Berkshire, England

Husband of Venus Brittania (Stocker) Hearn — married 12 Oct 1823 in Old Windsor, Berkshire, England

Descendants

Died about 1881 at about age 81 in Australia

Problems/Questions Profile manager: Lin Starke [send private message]

Francis Hearn was a convict after the Third Fleet.

Biography

Francis Hearn was the son of Francis Hearn (the elder)--farmer in Winkfield Road, Windsor, and Ann Yeoman. He was born 30 Oct 1800 and baptised the 30 Nov 1800 at St Martin in the Fields, Westminster, Middlesex. ^[1]

He married Venus Britannia Stocker on 12 Oct 1823 at Old Windsor, Berkshire.^[2]

At the baptisms of his children he was described as a labourer (in 1824), a milkman (in 1827) and a horse dealer (in 1829 and 1832).

In 1830 he was accused of horse theft and was tried at the Berkshire Assize Court. but was found not guilty.^[3]

In 1832 he was himself the victim of a horse theft and placed an advertisement in the Reading Mercury offering five guineas reward for information leading to the conviction of the thief.^[4]

Somewhere around 1832 he seems to have left his wife and children and changed his name to William Smith! Certainly, this is the name he was using when he found himself charged with horse-stealing in September 1833. By this time he gave his address as Uxbridge, so does not appear to have been living with his wife in Windsor.

The events leading up to his court appearance took place at Barnet Fair on the 4th September 1833, where a young man called James Jennings arrived with a brown horse, the property of James Aitken, Esq., with the intention of selling it. At the fair he met “William Smith” and Smith’s servant, William Thomas. Smith expressed an interest in buying the horse and there then followed some haggling. According to Smith’s account, he and Jennings agreed to swap (or “chop”) their horses, with Smith giving his own horse and thirty shillings in exchange for the horse that Jennings was selling.

Jennings’ account of events was somewhat different! According to him, he refused to swap horses, but Smith then agreed to pay £30 to buy the horse outright. Smith did not have the full amount of money to hand, so gave Jennings 30 shillings and asked him to accompany Smith to a booth where the rest of the money would be paid. Meanwhile, Smith’s servant, Thomas, would look after the horse. When Jennings went into the booth, Smith had vanished and when Jennings came out again, it was to see Thomas galloping away on the horse.

Jennings gave chase on Smith’s horse although he was delayed by people who tried to prevent him taking a horse that he did not own, and so he lost sight of Thomas. Some while later he finally came upon Thomas who was now without the horse. Thomas took Jennings back to the fair, on the understanding that the horse was there, but on arriving there, Thomas disappeared into the crowds. At this point, Jennings went and found a constable and reported the events.

It transpired that Thomas had left the horse in the stables of a Mr. Miles, at Barnet Gate. However, Miles was suspicious of the circumstances and went to the police in Barnet. Shortly afterwards. Jennings and his horse were reunited at Miles’ stable.

A little while later Smith and Thomas showed up at Miles' stable, looking for the horse and were apprehended. After Smith and Thomas were lost and found again, one further time, they finally ended up in police custody.

They were taken before a magistrate the following day. When “Smith” was asked to sign his statement, he signed Francis Hearn. In a later document, before his appearance at the Quarter Sessions, he made an attempt at signing as William Smith but clearly had little idea how to spell the name! These signatures are reproduced below.

Francis Hearn's signature on court document

Francis Hearn attempting to sign as "Smith"

Smith and Thomas were sent to be tried at the Quarter Sessions on the charge that they 'knowingly unlawfully and designedly by certain false pretences obtained from James Jennings a Brown Horse the property of James Aitkin of Monken Hadley with intent then and there to cheat and defraud him of the same". Smith was bailed, but presumably Thomas had to await his trial in prison.

The Quarter Sessions took place on 17th October 1833. The minute book records the evidence that was put forward and the different accounts by the various protagonists. On considering the evidence, the judge made a surprise change to the charge: he advised the jury that the prisoners might be guilty, not just of a fraud, but of the more serious offence of a felony. On this charge, both prisoners were found guilty and were sentenced to “transportation beyond the seas” for life.^[5][6][7]

Francis Hearn, alias William Smith, left St. Alban’s Gaol in 28th Oct 1833 and was temporarily imprisoned on the Justitia – one of the infamous “hulks” on the Thames.^[8] He left the hulk on 26th Dec 1833 and was taken on board the Hive which set out from London to Australia, although it had to stop for some time at Portsmouth, owing to bad weather. The Hive finally sailed from Portsmouth on 29th Jan 1834 and arrived in New South Wales on 11 Jun 1834. The voyage took 133 days: 250 men embarked and 248 arrived in Sydney.^[9] On 11 Jun 1834 he was assigned to John Maxwell, Bathurst.^[10] John Maxwell was a free settler who had been appointed Superintendent of Government Stock in New South Wales.

In 1840 he applied for his wife and family to be sent to Australia to join him--this would have been at the government's expense.^[11] Presumably the offer was made to Francis's wife but was declined, as there is no evidence that she ever went to Australia and considerable evidence of her continued presence in England.

Strangely, the 1841 shows him with his wife in Clewer. This is not plausible--it is much more likely either that his wife had some reason for claiming her husband was present, or that the census enumerator asked an ambiguous question when recording the names of the family.

On 1 Jan 1842 Francis is listed as having received a Conditional Pardon.^[12] The pardon was recommended by the "Commissioner for Crown Lands, Wellington" [New South Wales], suggesting that Francis was working in that area at the time of his pardon. It also mentions Francis's wife's uncle John Sheppard of Kissing Point, Sydney. Private correspondence with another researcher in Australia includes the following information: "It is recorded [...] that Francis's wife's uncle was a John Shepherd (sic) of Kissing Point, Sydney. James Shepherd (the only Shepherd of the correct age residing at Kissing Point that we can find) was a well known firgure who arrived with the 3rd fleet in 1791. He was quickly freed or pardoned and granted a parcel of land at Kissing Point and he and his descendants became prosperous and well known in the colony."

After his pardon, Francis (or William) disappears from the official records and nothing further is known for certain about his life in New South Wales. William Smith was a very common name (there were three other William Smiths on board the Hive, along with the subject of this profile).

He is believed to be the William Smith who died in Newtown, NSW, in 1881.^[13] The index to death certificates gives the father's name as Francis and the mother as "Unknown Shepherd": this would not be exactly correct as the Shepherd name was connected with William's wife, rather than himself, but the mistake is plausible given that the information would have been provided by someone who had known Francis, rather than the man himself. The death certificate itself has not been examined.

Sources

1. ↑ St Martin in the Fields baptism register: Francis son of Francis and Ann Hearn born 30 Oct, baptised 30 Nov 1800
2. ↑ Old Windsor, Berkshire Marriage Register: 12 Oct 1823 Francis Hearn of this parish bachelor and Venus Stocker of this parish spinster married by banns. Both signed. Witnesses: Joseph Fisher; George Bailey
3. ↑ Reading Mercury, 1 Mar 1830:
   Berkshire Lent Assizes
   
   William Cotton, Charles Cox, and Francis Hearne were indicted for stealing a mare, in the parish of Clewer, the property of James Money. The prisoners were all respectable good-looking young men, and the case excited great interest, and occupied the Court four hours. Mr Shepherd and Mr Secker conducted the prosecution; Mr Talfourd, Mr Carrington, and Mr McLeon, were counsel for the prisoners.
   
   James Grave was servant to Mr Money, the prosecutor, and had the care of the mare. Put her in the field the 7th of July; saw her there at six o'clock, and locked the gate. Did not observe the fences that night, but they were very good a day or two before: there were four or five other horses there. On the next day, about ten o'clock in the morning, he missed her; saw a place in the hedge broke down; it was fresh made; it was trod down, as if the mare had been forced over. Saw the mare again at Mr. Money's the following Sunday. Had known the mare four or five years; she was blind with one eye, had a white star, and several white spots on her back. Missed the mare on a Friday; put her in on Thursday night.
   
   Joseph Money, jun. son of the prosecutor, went with the last witness, and saw the gap in the hedge. From information he received, he went to the Barley-mow at Winchfield, kept by Thomas Burroughs, where he found the mare. Had no doubt but that it was his father's, and described the marks. A bridle, a saddle, and a coat were hanging up in the stable, and a pair of spurs in the house. Mr Burroughs gave up the mare to witness. On his cross-examination, he said the prisoner Hearne lived at Clewer as long as he could remember. Has lived in a respectable way there, his business not very extensive. Has borne the character of an honest and respectable man.
   
   Cross-examined for Cox. The bridle, saddle and coat were pointed out to witness by the landlord. Cox lives at Hartley-row, 25 miles from Clewer. The saddle was not on the horse. The coats were tied to the saddle. The witness's father takes in cattle: the principal part of the fence was dry hedge; should think the gap had not been made above a day or two. If the hedge had been robbed, the mare could have got out. If there was a gap in the hedge, it is not unlikely for horses to stray out: never knew this mare stray out. The field is on the border of Bucks; Winchfield is in Hants.
   
   On his further cross-examination, he said four or five horses were there not his father's, but were taken into feed. Only the old blind mare was stolen: there were three very good cart horses in the field, worth from ten to fifteen pounds a-piece; the blind mare was not worth more then eight pounds. It was the first time this mare had strayed, if she did so now. Was in good condition when he saw her at the public-house.
   
   Re-examined by Mr Shepherd. The gap did not look to be pulled up, but as if an animal had been forced over it.
   
   William Stephens, the constable of Clewer, apprehended Cox at Hartley-row on the 4th of August. Cox inquired on what charge; witness told him. Cox asked if he had got Hearne? but before witness could give him an answer, he said, he dare say he had, or could not have come down after him (Cox). This was after witness told him the charge.
   
   Mr Talfourd complained of the manner in which Hearne's name had been brought out on the cross-examination of this witness. Mr Justice Littledale said it was not evidence against Hearne, and begged the Jury would dismiss it from their minds, when they came to consider their verdict as to Hearne.
   
   Cross-examination continued. Cox wished witness to go back way out of the village, which he did. Cox conversed freely on going back, which witness wished him not to do. He said that Hearne and others were equally guilty with him.
   
   Mr. Justice Littledale to the Jury. You will observe that whatever one prisoner says against another, is not evidence against that other; you must therefore dismiss from your minds all that he says against everybody else.
   
   Witness continued. They called at Winchfield on their way home; saw the landlord Burroughs, and received from him a bridle, saddle, spurs and a great coat, which he has kept in his possession ever since.
   
   This witness was cross-examined to shew that Cox was in liquor when he made this confession, but it failed. Witness did not apprehend Cotton: he saw him at Bristol on the 24th of August; he was given in witness's charge by the gaoler there, and he brought him to Windsor. Did not tell Cotton it would be better to tell, and worse if he did not. Cotton said they went into the publican's field - Money is a publican - he knew the charge against him when he said this. He said there was a light burning in the public-house, and they stopped under the rick until the light was out; they then attempted to catch the publican's mare, but could not, till one of the others said 'let me try;' they then caught her, but could not get her over the gap in the hedge, when Cox said 'Let me try.' Cox put the mare's haunches to the hedge, and forced her over backwards. They then came up towards Clewer-green; Cotton said 'I don't like what I've done; it's two o'clock, and it's time we were gone.'
   
   On this witness's cross-examination, he said he had no conversation with any of the witnesses as to the evidence they were to give: he had a little misunderstanding with Hearne, and had never been friends with him since.
   
   W Burroughs [sic] keeps the Barley-mow at Winchfield: about half past six in the morning a man brought a black mare to his house; she was very sweaty. Witness did not know the man then, but knows now it was Cotton. The mare had a saddle and bridle, and a coat tied to the saddle. The man went away, leaving the mare in the stable: he said he was going to Hartley-row. The saddle, bridle, and coat witness hung up in the stable. Witness identified the articles. Cox came in the evening, and asked 'if there was a cart colt left for him?' Witness said a man had left an aged black mare, and, in his opinion, it was stolen. Cox never asked to see it. Witness afterwards delivered the mare to Mr. Money, jun.; the saddle, etc. to the constable of Clewer.
   
   John Baker lived with Hearne about a week before he was taken up. He identified the saddle &c. as Hearne's property; but as there was no lock to Hearne's stable door, for aught he knew, the saddle, &c. might have been stolen.
   
   Susannah Mealing, servant at the Duke of York public-house at Clewer, saw the three prisoners there on the 30th of July last; Mr. Conroy was there, and went away with them.
   
   John Williams lodges at Cox's. On the 1st of August, Cox sent him to Hearne, to tell him (Hearne) to come over and fetch the mare away from the Barley-mow at Winchfield. Hearne said he could not go himself; that they could not hurt Cox, for he had nothing to do with stealing the mare.
   
   On his cross-examination he said Cox had disposed of a coat to Cotton on the 28th of July; it was like the one now produced. Had known Cox several years, and always considered him an honest man.
   
   Thomas Conroy was at the Duke of York public-house, at Clewer, on the 30th July. The prisoners were there together. Witness walked home with Hearne and the two prisoners, who left them at Hearne's gate: it was about half past ten. Witness locked the door and left the key in; got up the next morning at half past six, the door was then locked, and the key in as he left it. He did not see Hearne when he came down: Hearne sleeps on the ground floor. Thinks no person could have gone out of the door or window without his hearing the noise they would make.
   
   Mrs Conroy saw Hearne in bed at eleven at night and also between six and seven in the morning. Did not believe that he could open the window to go out without making so much noise that she must have heard it.
   
   The prisoners being called upon for their defence, Cotton said he was a servant of Cox's, who sent him with the mare to the Barley-mow.
   
   Cox said he was a poor man himself, and denied that Cotton was his servant.
   
   Hearne said that Cotton called on him with Cox on the evening in question to buy some horses, and that he went with them to the public-house.
   
   The learned Judge summed up at great length, and remarked that he thought there was hardly evidence sufficient to convict Hearne, who was indicted as a principal and not as an accessory. After observing very fully on the evidence, he left the case in the hands of the Jury, who consulted a few minutes, and then returned a verdict of Guilty against Cotton and Cox, and Acquitted Hearne.
4. ↑ Reading Mercury, 24 Dec 1832:
   Five guineas reward
   
   Late on Thursday evening, the 13th inst. or early this morning, was STOLEN from a stable at Burghclere, Hants, the property of Mr. Francis Hearne, an aged BRIGHT BAY GELDING, about 14 hands, and a half high, having a switch tail, docked remarkably short, a blemish in the near cheek just below the eye, the hair off from the strangles on the off side of the neck, a little white in the near leg behind, and a small star in the forehead.
   
   Whoever will give such information as may lead to the apprehension of the offender or offenders, shall, on his or their conviction, receive the above reward, on application to George Dibley, Solicitor to the Newbury Association for the Apprehension and Prosecution of Thieves and Felons. Friday, Dec 14, 1832.
5. ↑ Hertford Record Office: Quarter Sessions Records LSR 20 (11 pieces
6. ↑ William Smith trial minute book; Herts RO reference:LSVAR/19 (seems to be a rough minute book of Court proceedings)
7. ↑ Trial of William Smith, County Press, 1833
8. ↑ Home Office: Convict Prison Hulks: Registers and Letter Books; Class: HO9; Piece: 5
9. ↑ TNA Ref ADM 101/34/8: Medical and surgical journal of the convict ship Hive from 18 November 1833 to 27 June 1834 by George Fairfowl, surgeon, during which time the said ship was employed transporting convicts to New South Wales.
10. ↑ TNA ref: Class: HO 10; Piece: 30 New South Wales, Australia, Settler and Convict Lists, 1787-1834
11. ↑ List of convicts who have applied for their wives and families to be sent to New South Wales at the expense of Government, recommended as worthy of that indulgence by His Excellency Sir George Gipps [Governor of NSW].
    Name: William Smith alias Francis Hearn
    Wife's maiden name: England, Berkshire, Venus Stockhore
    No. of children applied for: 4
    Residence of wife and to whom known: Clewer Fields, Clewer, Windsor. Known to Mr Ramsbottom, Esq, MP, Windsor; Edmond Forster, Esq, JP, Clewer Green; W F Riley, Esq; Mr Snowdon, Forest Dale, near Clewer Green; Revd Mr Ansty, ditto;
12. ↑ New South Wales, Australia, Convict Registers of Conditional and Absolute Pardons, 1788-1870; State Records Authority of New South Wales; Kingswood, New South Wales, Australia; Card Index to Letters Received, Colonial Secretary; Reel Number: 797; Roll Number: 1250
    
    Date of pardon: 1 Jan 1842 Recommended by Commissioner Crown Lands, Wellington (see p. 192)
    Name: Smith, Wm alias Francis Hearn
    Ship: Hive, master: Lycombe
    Year: 1834
    Native place: Windsor
    Trade or calling: Livery stable keeper
    Offence: Horse stealing
    Sentence:Life
    Year of birth: 1801
    Height: 5ft 10in; complexion: ruddy; hair: brown, thin in front; eyes: grey
    Small scar back of right thumb; mole on right wrist.
    
    p.192 has a similar entry, dated 18 Feb 1842, with additional information:
    Ordered by Secretary of State, Despatch No. 325; 7 Aug 1841
    and notes "Wifes uncle John Shepperd at Kissing Point"
13. ↑ Index to NSW death certificates: 3251/1881 SMITH WILLIAM FRANCIS UNKNOWN SHEPHERD NEWTOWN