Public Hangman James Freeman

  General Notes:

d V1830469 14/1830 FREEMAN JAMES AGE 67

Source: First Fleet
POated atL http://firstfleet.uow.edu.au/index.html
James FREEMAN

He was tried at Hertford, Hertfordshire on 4 March 1784 for highway robbe ry with a value of 12 shillings. He was sentenced to transportation f or 7 years having been originally sentenced to death, and left Engla nd on the Alexander aged about 19 at that time (May 1787). His occupati on was listed as labourer. He died in 1830.

Notes: Sentenced to death on 27 February 1788 for stealing 15 allowanc es of flour, and reprieved to become the public hangman.Received 100 lash es and had his grog stopped in December 1789 for being drunk, insolent a nd out of his hut after hours.

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# ID: I05032
# Name: James FREEMAN
# Sex: M
# Birth: BET 1767 AND 1768 in England, Hertfordshire, Watford 1 2 3
# Birth: 1757 in Great Gaddesden, Hemel Hempstead, Herts
# Death: 28 JAN 1830 in Australia, NSW, Windsor
# Event: Convicted 4 MAR 1784 England, Hertfordshire, Hertford (Hertford A ssizes) for stealing 12shillings worth via highway robbery
# Event: Transported MAY 1787 Ship ALEXANDER
# Burial: AFT 28 JAN 1830 Australia, NSW, Windsor (St Matthew's)
# Note:

Information from MOTE Genealogical Records
http://www.ozigen.com/tree/p444.htm#i35958

James Freeman was a convict aboard Ship: Alexander which sailed from S pithead, England, in 1787 and arrived in Port Jackson, NSW on 26 January 1 788 under the Master, Duncan Sinclair.

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James FREEMAN
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He was tried at Hertford, Hertfordshire on 4 March 1784 for highway ro bbery with a value of 12 shillings. He was sentenced to transportation f or 7 years having been originally sentenced to death, and left Engla nd on the Alexander aged about 19 at that time (May 1787). His occupati on was listed as labourer. He died in 1830.

Notes: Sentenced to death on 27 February 1788 for stealing 15 allowanc es of flour, and reprieved to become the public hangman. Received 100 lash es and had his grog stopped in December 1789 for being drunk, insolent a nd out of his hut after hours.

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Possible Pedigree:
IGI Individual Record FamilySearch™ International Genealogical Index v 5.0
British Isles
Search Results | Download | Pedigree

JAMES FREEMAN
Male

Event(s):
Birth:
Christening: 29 MAR 1767 Thundridge, Hertford, England
Death:
Burial:

Parents:
Father: WILLM. FREEMAN Family
Mother: MARY

Messages:
Extracted birth or christening record for the locality listed in the r ecord. The source records are usually arranged chronologically by the bir th or christening date.

Source Information:
Batch No.: Dates: Source Call No.: Type: Printout Call No.: Type:
C072981 1556 - 1812 0991325 Film 6911549 Film
Sheet: 00

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Link from http://members.iinet.net.au/~perthdps/convicts/stories.html #M [From the book the Founder page 136]

James FREEMAN and his companion both of Watford, Herts Eng. was senten ced to death at Hertford 3 Mar 1784 for highway robbery, netted them 12 sh illings, reprieved to transportation for 7 yrs.

He was 16 yrs when received to the hulk Justitia, ordered to Portsmou th for "ALEXANDER" 20 January 1787, but not sent there until 24 February 1 787, embarked on the 27 February 1787.

Freeman was tried with William Shearman for stealing 15 allowanc es of flour, sentenced to death, pardoned on condition he became the publ ic hangman. He had to hang that day Thomas Barlett (qv) reluctant to do s o, the marines had orders to shoot him, if he didn't do so.

Freeman earned 100 lashes and stoppage of his grog 11 Dec 1789 for bei ng drunk and out of his hut after 10.45pm, this was only two weeks aft er he had to hang Ann Davis (qv). He remained a labourer, labouring at Ric hmond N.S.W. He died a pauper at Windsor 28 Jan 1830, buried St Matthew' s, aged 67. He had two children by Mary Edwards (Maryann 1791), Mary 1792- 1801 and Berthina or Berthia 1794. Mary Edwards had left him by 1800 for A braham Martin (qv).

On 27 February 1788 hardly landed at Port Jackson, Freeman was tried w ith William Shearman for stealing "15 allowances of flouer", and sentenc ed to death.

He remained a labourer for most of his life; he was labouring at Richm ond in 1825. He was probably the James "Thurman" (a mistransposition?) app earing in the 1828 Census aged 63 per Alexander 1788, a pauper living wi th Thomas Miles at Richmond.

Place & Date of Trial: At the Herts Lent Assizes, which began in Hertf ord on Wednesday 3 March 1784 before Sir William Henry Ashhurst Knt and Je rome Knapp Esq, Justices. Tried on Thursday morning 4 March 1784.

Crime & Sentence: Thomas Taylor and James Freeman "late of the pari sh of Satford in the county of Hertford, laborer" Robb. Highway on Thom as Brown and taking from him 12s in money.

James Freeman: Guilty no chattels. To be Hanged.
Reprieved. Transported. 7 years

Occupation: Laborer
Age: 16yrs (1784)


Source Botany Bay Medallion posted at http://botanybaymedallion.com/?page_ id=4

From Here to Eternity
Thomas Barrett
Act 1: Terror in Three Acts

The arm of a large tree was fixed upon as a gallows. First Fleet J ournal, Surgeon Arthur Bowes Smyth.

At Sydney Cove on 27 February 1788 Thomas Barrett, aged 30 years, was accu sed of stealing food, in company, from the government stores. Barrett is t hought to be the maker of the Botany Bay Medallion, also called the Charlo tte Medal. Barrett, Henry Lavell, John Ryan and Joseph Hall were taken in to custody.

See: Botany Bay Medallion

At noon, Barrett and his co-accused appeared before a hastily convened cou rt. At 1 pm, the judges, all military men, brought in their verdict. All e xcept Ryan, deemed a receiver, were found guilty and sentenced to hang. T he execution ordered to take place before nightfall.

Six years earlier, in 1782 at the Old Bailey London, these three (3) conde mned men had been sentenced to death. For three (3) years, from 1784 to 17 87, they were imprisoned on the hulk Dunkirk and formed strong bonds. Lin k: Mutiny on Swift and Mercury.

Executions…were mounted for the people, and the crowd s function w as to bear witness to the might of the law. Professor V.A.C. Gatrell, T he Hanging Tree, Execution and the English People, 1770-1868.

During the afternoon of 27th February 1788 all the First Fleet s 750 conv icts were mustered to see the deserved ends of their companions . The ent ire battalion was paraded with bayonets fixed in case an insurrection sho uld take place .

At 5 pm Barrett, Hall and Lavall stood beneath a large tree in chains. Th is was public theatre staged to instil terror into all spectators, be th ey convict, soldier, sailor or the unseen, silent Aboriginal audience.

Nooses were positioned about their necks and bags covered their heads. T he fleet Chaplain, Reverend Richard Johnson, murmured a sing-song lita ny of prayers. From stage right came a commotion. Captain James Campbell s trode to the front. He consulted with Provost Marshall Henry Brewer. Ha ll and Lavell had been granted a respite for 24 hours.

Link: Blind Man s Bluff \emdash Act 2

Thomas Barrett stood alone beneath the fatal tree . Link: Betrayed.

He expressed not the least signs of fear till he mounted the ladd er and then he turned very pale and seemed very much shocked. First Fle et Journal, Ralph Clark, Marine Officer.

An actor was missing from this grisly production. The colony had no hangma n. A convict was hauled from the crowd and forced at gun-point to perfo rm the role of Jack Ketch and hang Thomas Barrett.

See: Catch 22 \emdash Act 3

It was sometime before the man could be prevailed upon to execu te his office nor would he at last have complied if he had not been severe ly threatened by the Provost Marshall Mr Brewer and Major Ross threaten ed to give orders to the marines to shoot him. First Fleet Journal, John W hite, Chief Medical Officer.

At 5 PM, Thomas Barrett was forced up a ladder and launched into Eternity . The tree was tall the ladder short. Barrett would not have died quickl y. For an hour the convicts were made to watch as he swung to and fro, twi sted, jerked, twitched and died. Link: The Ketch Connection.

the body hung for an hour and was then buried in a grave dug very ne ar the gallows. op.cit.

Tom Barrett s body lies a mouldering in a grave somewhere at Sydney Cov





Decisions of the Superior Courts of New South Wales, 1788-1899


Published by the Division of Law Macquarie University


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[stealing, food rations ? capital punishment, appointment of execution er ? Crown mercy, condition of pardon that prisoner become executioner]

R. v. Sherman and Freeman

Court of Criminal Judicature

Collins J.A., 29 February 1788

Source: Court of Criminal Jurisdiction, Minutes of Proceedings, State Reco rds N.S.W., 1147A[1]

[25] William Sherman and James Freeman brought before the court charged wi th feloniously and fraudulently taking and carrying away, 15 half poun ds of flour, value 15 pence, the property of Michael Dennison, Zachariah P rue, Robert Abels and William Waterhouse.

The prisoner having pleaded not guilty.

Michael Dennison, was sworn. He deposes that the prisoners are known to hi m; that last Sunday night, having end their supper, being the people nam ed in the charge, went out of their tent between 7 and 8 o'clock, returni ng to it about 8. They found on their going into the tent some person or p ersons had been in it during their absence. That on searching their box, t he flour named in the charge was missing. That some bread was there and so me tobacco. That on missing the flour they searched in the tent round the m, but could not find it. That on the Wednesday morning following, being c ooking his breakfast, the cook at the copper, challenged William Sherma n, with having brought a pudding to the copper that was one of his ow n. He said he had found it in the woods, but on looking over the bag, he ( this evidence), found it was his, and that had been stolen with the flou r. On which he took him, the prisoner, Freeman to Major Ross. He took Free man to Major Ross because Freeman had said they were together when they fo und the flour.

John Roberts being sworn deposes that he is a cook inspected one of the co ppers. That he was informed by Mick Dennison on Sunday morning last, th at he had lost some flour, and requested if he saw any one come to the cop pers with a very [26] large pudding, that he would let them [enter into] i t. That the prisoner, Sherman came early on Wednesday morning about 7 o'cl ock to the coppers. He said to him your pudding will not be boiled in tim e. The prisoner said it would. On questioning him about the size of the pu dding, he said it was his and his shipmate's. On asking him how he ca me by it, he said in a jeering, laughing way, that he had stolen it. Wh en he spoke about the size, he said this was four or five pounds of me at in it, but on turning out, a small piece of meat was found in it. Micha el Dennison emptied it into a bowl and put it into a swag and into the cop pers, and the evidence giving from the coppers left word it should be giv en to Dennison. That the prisoner was at first unwilling to go away witho ut his flour. That he heard Dennison say afterwards he had found it out, a lluding to his discovery of the bag. That he did not see any thing of Free man in the business.

John Hayden being sworn deposes that, he never saw the prison er before he met him at the coppers. That he was on Wednesday morning las t, when the prisoner Sherman came with a pudding. That the cook question ed him as to its size, and how he had gotten it. That he sent for Micha el Dennison, who on coming took the pudding and turned it into a bowl. Th at he said there was about [one] man's allowances of [bread] in the flou r. That on Freeman's coming to the copper, being sent for Dennison, he ask ed him what [and size of] bag [the] flour was in. That on giving all to Fr eeman's tent, the bag the flour was in, and was the pudding of Dennison, w as found in the tent, with a pound ? or more flour in it. That he sa id he found it behind a tree in the woods, with the flour in it.

[27] Joseph Robinson being sworn, deposes that he was at the coppers on We dnesday morning; said when the pudding was taken out that the cook asked h im how he came by such a pudding. ?Came by it says he, [way] I stole it ?. He asked him how he came by such a pudding when no flour having been se rved out the week. That Michael Dennison came and [tallied] out the flou r. That he supposes there were eight or nine allowances of flour in it a nd a small piece of meat. That on desiring Sherman to go for the bag th at flour was in, he turned to go, saying it was Freeman's but he would fet ch Freeman. On Freeman's coming, they went together to fetch the bag. Th at when the bag was seen, Dennison said it was his. That there might be ab out four allowances of flour in it, about two pounds. On his being asked h ow he came by the bag and the flour, he said, he found it in the wood. T he two prisoners were then taken to Major Ross.

The prisoner Sherman said in his defence, on Tuesday afternoo n, Freeman being at work in the woods, says to him, that he had found a b ag of flour in the woods which he shewed him. That they took the bag to t he tent, and there being a small hole in it, put it into a larger bag. Th at the next morning, Freeman cut up some meat and made a pudding, whi ch he Sherman took to the copper.

The prisoner Freeman, says he found the flour in the woo ds on Tuesday afternoon. That he picked it up and brought it down to Sherm an .

[28] The court is of the opinion that the prisoners William Sh erman, is guilty, to the value of ten pence, and to adjudge him three hund red lashes on his bare back, with a cat of nine tails, and such time and p lace, as to the Governor shall think fit.

Guilty 300 lashes. Pardoned.

James Freeman ? guilty ? death

Guilty ? death ? pardoned on condition of being the common exe cutioner.

David Collins J.A., James Campbell, William Bradley,

Jonathon Shea, James Meredith, John Creswell, Robert Kellow .

Approved A. Phillip.

Note

[1] There was no appeal from the criminal court, however as se en in R. v. Cole, 1788 above, the power to pardon was vested in the Govern or by his Majesty's commission. In this novel case, Freeman was sentenc ed to death but pardoned on condition that he became the public execution er and did not leave the colony. Castles (at p. 63) stated that contempora ry accounts suggest Freeman was not made aware of his pardon until ?he w as at the foot of the gallows, waiting to be executed?. And even facing de ath ?it seems that he took a little time to make up his mind whether it w as preferable to tarry longer in the misery of servitude or take his chanc es of a better life beyond the hangman's noose?. His first duty as executi oner was to hang Barrett (see R v. Barrett and others, 1788 above), but Fr eeman had to be forced to undertake this responsibility.

See Collins, Account, vol. 1, 8; Watson, Beginnings, 11; G. B. Worgan, Letter to his brother Richard, dated 12 June 1788, with extrac ts from his diary 20 January 1788?11 July 1788, C830 safe item number 1/11 4, Mitchell Library, 39; A. Bowes, A Journal of a Voyage from Portsmou th to N.S.W. and China in the Lady Penrhyn, C830 safe item number 1/15, Mi tchell Library, 103; Castles, Australian Legal History, 63.

We would like to thank Lynette Hitchell for her meticulous transcripti on of this document very difficult document. We will attempt to correct t he doubtful words.


Excerpt from James Scott / Remark on a passage Botnay [sic] bay 1787
Posted at http://image.sl.nsw.gov.au/Ebind/ms_q43/a1142/a1142000.html

"1788
In Camp at Port Jackson

Feby 29th
Two Convicts by the Name of Dan Gordon & Freeman Was Cast for death & Repr ived Under the three Where
the Ware to be Exacuted the Latter Was forgave on Account, of his bei ng in futer Publick Exacutioner......."


Some of the Convicts hung by James Freeman - commentary from James Scott:

V178879 4/1788 BARRET THOMAS - his first client.
V178847 4/1788 BENNET JOHN
V1788101 4/1788 BENNET JOHN
V178958 4/1789 DAVIS ANN
25th Wednessday. Ewd Corbet, & Jos. Payton Convicts Was Exacuted at. 1/2 p ast. 11, OClock forenoon; Died penaten.
V178948 4/1789 CORBETT EDWARD
V1788122 4/1788 CORBETT EDWARD


V1788145 4/1788 DALLEY JAMES
3d Wednessday
Dealey a Convict. Was Exacuted for theft;? Confessed at the Gallows the Ro bbing of Lieut. Kelllow & Mr. Alt Survayor

Thursday. 7th Jan 1789
Thos. Sanders a Convict, fled from Justice & Live,d in the Woods 24 day Bu t. frequentley Visete,d the Camp by Night Committing
Several Robereys. In particular that of Robbing the Publick Store, in Comp aney With Robt. Boyl. Convict.

Saturday 9th Jan 1789
Sanders & Boyl. took there tryal Sanders Condems. & Exacuted at 5 OClo ck Same Day (Boyl Not Tryed today) (Aquited)

1789. Port. Jackson March. 20th Friday Jos Hunt. Discovered On A Jams. Ba ker 54Co. Thos Jones, 15Co. Jams. Brown 54Co. & Richd. Dukes, 55Co A ll to be Conserned in Robing the Store

Thursday. 26th The Tryal of the. aforesaid prisoners Ende,d With the awfu ll Sentince being Past, on Luke Hanes, Richd. Dukes,
Richd. Askew, Jams. Brown, Jams. Baker. & Thos Jones, to be Hange,d

Friday 27th At 9 OClock in the Morning the Sentince past, on the Above Pri soners Was put In Exacution; In Consaquence of Jos Hunt
Convicting the Six Afforesaid prisoners, he Was pardone,d
V178995 2A/1789 BAKER THOMAS
V178956 4/1789 DUKES RICHARD
V178955 4/1789 ASKEW JAMES
V178957 4/1789 JONES THOMAS
V178954 4/1789 BROWNE JAMES

Tuesday. 20th Wm Chafe A Convict. Was Exacuted, for House Breaking. Former ly Sentinced two thousand Lashes
V179053 4/1790 CHAFE WILLIAM
V179059 4/1790 CHAFE WILLIAM
EVEN: CONC nt to do so, the marines had orders to shoot him, if he
EVEN: EVEN

  Noted events in his life were:

• Trial: Herts Lent Assizes, which began in Hertford before Sir William Henry Ashhurst Knt and Jerome Knapp Esq, Justices, Between 3 and 4 Mar 1784.

• Trial: Thomas Taylor and James Freeman "late of the parish of Satford in the county of Hertford, laborer" Robb. Highway on Thomas Brown and taking from him 12s in money, 4 Mar 1784.

• Sentenced: To be Hanged. Reprieved. Transported. 7 years, 4 Mar 1784.

• Sentenced: 100 lashes and stoppage of his grog 11 Dec 1789 for being drunk and out of his hut after 10.45pm, 11 Dec 1789.

• Occupation: Public Hangman - . He had to hang that day Thomas Barlett (qv) reluctant to do so, the marines had orders to shoot him, if he didn't do so, After Jan 1788.

• source. & Cheryl & Darryl Cislowski who notes:
James is buried in an unmarked paupers grave in the south western corner of the church yard in Windsor

James had a relationship with Mary Edwards (nee Hopely), daughter of James Hopely and Elizabeth. (Mary Edwards (nee Hopely) was born in Oct 1762 in Bromyard, Herefordshire England and died on 28 Jun 1833 in "Willow Grove Farm", Liverpool Rd, Liverpool, NSW Australia.)