James and Benjamin Kirk - Part One: One Sheep - A Death Sentence
A Death Sentence commuted to Transportation for Life to Australia
This post is part one of a two-part series about a stolen sheep and transportation to Australia.
Arrest and Conviction
Sometime not long after 4 February 1832, James Kirk and Benjamin Kirk, among others, were arrested and charged with sheep stealing. It was alleged that, on 4 February 1832, they stole one shear-hog sheep valued at 45 shillings. This was said to have occurred in the parish of Mursley in Buckinghamshire. The sheep was the property of one Thomas Whitworth of Mursley.
James Kirk and Benjamin Kirk are nephew and uncle and, as it happens, James is my 5th great grandfather and Benjamin is my 6th great grand-uncle1.
James, Benjamin and the other men involved were tried and convicted on 28 February 1832 and sentenced to death. However, as was common at that time, their death sentences were commuted to Transportation for Life2.
Detail of what happened on 4 February can be found in various newspaper reports:
The Bucks Gazette of 3 March 1832 reported:
“Benjamin Kirk, James Kirk, & Joseph Edwards were charged with having stolen oneshearhog sheep, the property of Thomas Whitworth at the parish of Mursley. The shepherd of the prosecutor said: My Master had 113 sheep on the 4th February last. I counted them next morning and found one missing. William Whitworth son of the prosecutor said: I was in a field near my father’s fold on 4th February, I saw 3 or 4 men. I went up to them when I saw them in the act of drawing a sheep through the hedge. I knocked one of the men down with my stick. It was as he was running away that I knocked him down. I took him to my father’s house. The man gave me the name of the other prisoners who were afterwards apprehended. I can swear the sheep was my father’s. Thomas Coney spoke to confessions made by Benjamin and James Kirk. When cross-examined: he said: I did not say, James it will be better for you to confess. Mr D. Willis, clerk to the magistrates said: I took down the prisoner’s statements as follows. They had been cautioned - Benjamin Kirk said: I never did any such thing in my life before and am sorry for it. I was in the field, we were all four there. James Kirk said I was drawn in to it innocently, I went with them to Mursley. Jos Edwards said: I am not guilty, I never touched the sheep, I was never in such a job before. Verdict - Guilty. Death recorded.”3
The Bucks Herald of 3 March 1832 reported:
“Benjamin Kirk, James Kirk and Joseph Lambourne were indicted for stealing a shearhog sheep, value 45s, the property of Thomas Whitworth at Mursley on the 4th of February. It appeared in evidence, that the son of the proprietor was watching his father's hedges, which had been much damaged by persons who stole wood, when he saw four men in an adjoining field, near his father's fold with a live sheep. As one of them was dragging the sheep through a hedge, he hit him on the head with a stick and knocked him down. The man was James Kirk. The others ran away. The sheep he found to be one of his father's. The other prisoners were all apprehended and each made a voluntary confession of his having gone to steal the sheep. All Guilty - Judgment of death recorded.”4
To the Hulks
On Tuesday 1 May 1832, James and Benjamin were transferred from the Gaol at Aylesbury, Buckinghamshire to the Justitia Hulk at Woolwich. The Hulks were holding vessels where transportees were held while awaiting transportation.
This too was reported in the newspapers. The Bucks Gazette of 5 May 1832 reported:
“On Tuesday May 1st, the following Convicts were removed from the Gaol at Aylesbury, on Board the Justitia Hulk, at Woolwich … James Rance, convicted, Lent Assize 1832, for Sheep-stealing, Transported for Life. Benjamin Kirk, convicted, Lent Assize 1832, for Sheep-stealing, Transported for Life. James Kirk, convicted, Lent Assize 1832, for Sheep-stealing, Transported for Life. Joseph Wansborne, convicted, Lent Assize 1832, for Sheep-stealing, Transported for Life. John Green, convicted, Lent Assize 1832, for Sheep-stealing, Transported for Life”5
The various newspaper reports consistently refer to James Kirk and Benjamin Kirk but vary in the names and number of accomplices mentioned. However, the newspaper report of 5 March above coupled with the Convict Prison Hulks: Registers and Letter Books6, point to their accomplices having been James Rance, John Green and Joseph Wansborne.
A Little About James and Benjamin
We will probably never know for sure what led James and Benjamin to steal a sheep on 4 February 1832. It is likely they were just attempting to put food on the table for their families. I have yet to discover whether they had work at the time and, if they did, what sort of work. Many men in the area would have been agricultural labourers. For some insight into the life of agricultural labourers, although not specific to Buckinghamshire, see the article: Agricultural Labourers: Stepping Out from the Shadows from the Family History Gifts website.
James Kirk
Convict records while awaiting transportation7 list James as being 40 years old. However, it is more likely that he was about 37 years old when he was convicted in February 1832 and closer to 38 years old when he left England in September 18328.
James was baptised on 9 November 1794 in Wendover, Buckinghamshire, England9. His parents were William Kirk and Rebecca Bradley. James would have been born between 24 October 1793, when his brother, also called James, was buried and 9 November 1794 when he was baptised. It is most probable that he was born in 1794 around the time of his baptism. Given the high child mortality rates at the time, it was not uncommon to baptise children soon after their birth and the family had just lost his older brother James the year before in 1793.
When James was transported he left behind his wife, Elizabeth and 5 children. At the time of his conviction in March 1832, he and Elizabeth had been married for 13½ years10 and their children were aged between 1½ - 12 years old. James’ conviction and transportation left Elizabeth alone to raise their young family on her own. You can read about the family left behind here:
Benjamin Kirk
Benjamin is the brother of James’ father, William. Benjamin was baptised on 9 February 1777 in Drayton Parslow, Buckinghamshire11 12. His parents were Aaron Kirk and Mary Bligh. It is uncertain when Benjamin was born but it would likely have been in about 1776/1777. If he was born in early 1777, he would have been about 55 years old when he was convicted and transported. Convict records while awaiting transportation list him as being 5213 but that would suggest that he was born after May 1779 which does not fit with his baptism date of 9 February 1777.
When Benjamin was transported, he left behind his wife Elizabeth and at least eight children. At the time of his conviction in March 1832, he and Elizabeth had been married for more than 30 years14. Most of their children were in their adulthood; the youngest being Martha Kirk who was almost 17 years old. Benjamin’s family were, therefore, in a much better position to cope in the absence of husband and father than were James’ family.
Benjamin’s youngest daughter, Martha, followed him to Australia. She travelled on an assisted passage aboard the St Vincent with her husband, Newman Hollis, and their five children. They left London on 1 April 1844 and arrived in Sydney on 31 July 184415. Unfortunately, Benjamin died before Martha could reunite with him.
Aboard the 'Camden'
James and Benjamin were transported aboard the prison ship Camden. According to the Journal of the ship's Surgeon Superintendent, Joseph Steret16, on 13 September 1832, the Camden left Deptford for Woolwich where, on 14 September, the Surgeon examined 100 convicts at their respective hulks to determine whether they were fit to travel. This included 60 men on the Justitia Hulk which would have included James and Benjamin, 20 men on the Discovery Hulk and 20 on the Ganymede Hulk. All were taken on board the Camden. On the following day the Camden weighed anchor at Sheerness in Kent where a further 100 men were taken on board from various hulks.
The Surgeon commented that only two of the 200 convicts taken on board expressed an unwillingness to go, one on account of his wife and family and the other merely because he did not wish to leave England. The rest were happy at the prospect of leaving. He also remarked that there were four or five convicts who he had to reject for travel and who begged vehemently to be permitted on board. No doubt being stuck in the hulks without prospect of release or travel was a daunting prospect.
On 22 September 1832, the Camden set sail from Sheerness bound for the Australian Colony of New South Wales. Aboard, in addition to the Captain, George Clayton, the Surgeon Superintendent and 200 convicts, there was also the military guard comprising 29 rank and file of the 21st regiment accompanied by five women and ten children and some cabin passengers17.
On 5 October it was necessary to anchor at Plymouth following several days during which the ship had struggled with gale force winds. Three people were wounded from falls during the gales and both the guards and the prisoners suffered from seasickness. A child of one of the guards almost died but was quickly nursed back to health. They were finally able to depart England on 13 October 183218.
In December, after three months, a variety of diseases had emerged. The Surgeon put these down to a change of climate and some wet and blowing weather. By January they were around the Cape of Good Hope and symptoms of scurvy became apparent. This continued until they reached their destination in Australia where they were able to get fresh supplies.
The Camden arrived in Port Jackson, Sydney, on 17 February 1833, some 4 months after it left England bound for Australia. Two convicts had died on the voyage and eleven were sent to the hospital on arrival19.
Both James and Benjamin survived the trip and their time in Australia is the focus of part two …
The post draws on information from my family history archive on the weare.xyz platform
Or 7th great grandfather if you prefer that nomenclature.
Class: HO 27; Piece: 43; Page: 30 Home Office: Criminal Registers, England and Wales via Ancestry.com. England & Wales, Criminal Registers, 1791-1892 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2009. Accessed 8 April 2022.
The Bucks Gazette of 3 March 1832 via British Newspaper Archive [Website] Accessed 15 March 2020.
The Bucks Herald of 3 March 1832 via British Newspaper Archive [Website] Accessed 15 March 2020.
The Bucks Gazette of 5 March 1832 via British Newspaper Archive [Website] Accessed 15 March 2020.
Home Office: Convict Prison Hulks: Registers and Letter Books, 1802-1849. Microfilm, HO9, 5 rolls. The National Archives, Kew, England via Ancestry.com. UK, Prison Hulk Registers and Letter Books, 1802-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 8 April 2022,
Home Office: Convict Prison Hulks: Registers and Letter Books, 1802-1849. Microfilm, HO9, 5 rolls. The National Archives, Kew, England via Ancestry.com. UK, Prison Hulk Registers and Letter Books, 1802-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 8 April 2022.
To have been 40 in May 1832 as the convict record says, James would have had to be born in 1772 before the death of his brother James, after whom he was named (and, therefore, after whose death he was born).
England Births & Baptisms 1538-1975 via FindMyPast [Website] Accessed 8 April 2022.
James married Elizabeth King on 19 October 1818 at Wendover in Buckinghamshire - Marriage Index via FindMyPast [Website]. Accessed 20 March 2020.
England Births & Baptisms 1538-1975 via FindMyPast [Website] Accessed 7 April 2022
Buckinghamshire Baptism Index via FindMyPast [Website] Accessed 8 April 2022
Home Office: Convict Prison Hulks: Registers and Letter Books, 1802-1849. Microfilm, HO9, 5 rolls. The National Archives, Kew, England via Ancestry.com. UK, Prison Hulk Registers and Letter Books, 1802-1849 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010. Accessed 8 April 2022
Benjamin married Elizabeth Wilding on 23 November 1801 at Westoning in Bedfordshire - England Marriages 1538-1973 via FindMyPast [Website] Accessed 8 April 1822.
State Records Authority of New South Wales; Kingswood New South Wales, Australia; Persons on bounty ships (Agent's Immigrant Lists); Series: 5316; Reel: 2135; Item: [4/4785] via Ancestry.com. New South Wales, Australia, Assisted Immigrant Passenger Lists, 1828-1896 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Accessed 8 April 2022.
Convict Ships – Camden 1833 Journal of Joseph Steret on the voyage of the Camden in 1833 via Jen Willetts Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 Apr 2022.
Convict Ships – Camden 1833 via Jen Willetts Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 April 2022.
Convict Ships – Camden 1833 Journal of Joseph Steret on the voyage of the Camden in 1833 via Jen Willetts Free Settler or Felon Newcastle and Hunter Valley Convict & Colonial History [Website]. Accessed 10 Apr 2022.
Convict Ships – Camden 1833 Journal of Joseph Steret - See Note 18.
There is an unexpectedly large vocabulary of sheep terms. Sheer Hog seems to denote a sheep of either sex 6 to 18 months old that has not yet had its first sheering of wool. If I was going to steel a sheep for food, that’s exactly what I would take. Roast mutton or more likely mutton stew.
A death sentence for 42 shillings!