Garland & Jones

Thomas Garland 
Ann Jones 
Married: 27 Apr 1833, NSW
Born: 18 Sep 1812 Born: 1815 
Died: 1884 Died: 1909
Father: Charles Garland Father: unknown
Mother: Naomi Lamb Mother: unknown
Thomas Garland was born in a poor area of London on 18th September, 1812. His native place on his transport register is given as Horsley Down. He was baptised at St. Mary Magdalen, Bermondsey, Surrey, on October 11 the same year. His parents were Charles Garland and Naomi Lamb. He had two older brothers, Charles (1808) and William George (1811) and two younger, Edwin (1816) and George (1820). He had two younger sisters, Emma Jemima (1818) and Matilda (1824). Thomas was transported for stealing in 1830, and spent the rest of his life in NSW, where he married Ann Jones and had a family.

Nothing is known of Thomas' childhood, but we may reasonably surmise a few things. His father's occupation is given as "currier" on two of the baptism records, as far apart as 1808 and 1816, so he must have been in regular work, and Thomas probably had a reasonably stable family upbringing. We know from his trial record that at age 17 he could write names and addresses, so he must also have had some education, either at home or in some kind of school. He had been in employment of some sort before working as a footman for Madame Vestris in 1830, because she said at the trial that she had received a "good character" with him, that is, a reference from a previous employer. On his transport records his occupation is given as "Waiter & Footman."

Thomas commenced with Madame Vestris in early February 1830. He appears to have conducted himself well until Wednesday, 28th April 1830, when he suddenly took it into his head to steal a large amount of cash, jewels and other items from his mistress. What precipitated this course of action is not known. His trial transcript shows him to be an ill-disciplined, dissolute, and rather stupid character, who made little attempt to cover his tracks. He and his brother Charles seem to have spent the money Thomas stole in a very short time and had nothing to show for it apart from a hat Thomas purchased. One can only wonder whether Thomas really did spend what was not recovered. Perhaps he gave it to someone in his family, or a paramour or friend. Maybe he had debts to pay which occasioned the theft in the first place. We shall never know.

The value of the money and goods he took was extremely large, something over 50 pounds. Wages for tradesmen at the time were around 12-20 pounds p.a., so in today's terms it was a sum of more than $50,000! Thefts over a certain amount incurred an automatic death penalty, which is why that was Thomas' sentence. This sentence was commuted to life transportation to NSW, probably in view of the prisoner's age and character references produced at his trial.

The wonder is not that Thomas was convicted - no jury in their right mind could do otherwise - but that his brother Charles was found not guilty of receiving the stolen property. One of life's little mysteries. Here is the transcript of their trial:-

From the Old Bailey records in the Mitchell Library, fifth session, 1830, page 453:

First Middlesex Jury--Before Mr. Justice Littledale.
 1034. THOMAS GARLAND was indicted for stealing on the 28th of April, at St. George, Hanover-square, 2 rings, value 16l.; 1 purse, value 1s.; 6 sovereigns, and three 10l. Bank-notes, the property of Eliza Lucy Vestris, in her dwelling-house; against the Statute; and CHARLES GARLAND was indicted for feloniously receiving the said goods, well knowing them to have been stolen.
 ELIZA LUCY VESTRIS. I live at No. 1, Chapel-street West, May-fair, in the parish of St. George, Hanover-square--it is my own house. The prisoner Thomas Garland came into my service as footman, early in February I think; he went with me to Drury-lane theatre on Wednesday, the 28th of April, between eleven and twelve o'clock in the morning--I went in my carriage, and desired him to return about four; the carriage came at four, but he was not with it--I had desired him to bring my basket and a black veil, which were not in the carriage; I went home--he was not in the house; I inquired for my basket--it was pointed out to me, laying on the table--I examined it, and missed from it a purse, which I has left in a bag in the basket and had seen there previous to going out; the bag was still there--the purse contained three 10l. notes, some sovereigns (I do not remember how many) and some silver; I missed two rings from my dressing-table--I had seen them the last thing before I left my room; I had given him the black veil when I got out of the carriage, and he was to bring it back when he returned with the carriage--I had received the 10l. notes on the Saturday previous at Ransom's house, Pall-mall; I went to the door of the banking-house myself--I gave the cheque to Thomas Garland, who went in to receive it, and brought me out six 10l. notes, and two sovereigns; I did not see him after he left me at the theatre, till he was in custody--these 10l. notes were part of what he brought me from the banker's; the other prisoner is his brother, and frequently came to assist him at my house.
 ROBERT HENRY LAMB. I am cashier to Messrs. Morland and Co., bankers, Pall-mall--Ransom's is another firm, and their business is carried on in Pall-mall, East. On the 24th of April last, Madame Vestris' servant brought a cheque to Morland's; I believe the prisoner Thomas Garland to be the person I paid the money to; I am not certain of him--he brought a cheque, which is now in the possession of Stephen Price, the lessee of Drury-lane theatre, who was the drawer; I know the person I paid it to was Madame Vestris' servant, having repeatedly paid him money for her--I gave him six 10l. notes, and two sovereigns.
 MADAME VESTRIS. The house I went to was Morland's, No. 52, Pall-mall; I thought Ransom's was the same firm--it is my mistake.
 MICHAEL GREEN. I live at No. 53, Newington-causeway, Surrey, and am a hatter. I saw both the prisoners at my shop--it was on the 29th of April, to the best of my recollection; it was this day three weeks--it might be this day four weeks; it was on the 29th of April I am certain--one of them wanted a hat; both spoke about it--Thomas Garland bought a hat for 25s., and paid me a 10l. note; I gave him the change, desired him to write his name on the note, and asked him for his address--he wrote his name on it; I looked at it afterwards--I gave him the change.
 GEORGE AVIS. I am a constable of Marlborough-street. On Saturday, the 8th of May, I saw the prisoners in custody in Giltspur-street Compter--I took Madame Vestris' coachman there to identify them; he pointed them out--nobody told either of them it would be better to confess, or worse if they did not; I told them I would hold out neither threat nor promise to them, and they were not bound to answer me, but I was directed by Madame Vestris to put some questions to them--I first asked the prisoner Thomas what he had done with the  prosecutrix's two gold rings, one a diamond, and the other an emerald set with six diamonds; he said he had lost them out of his coat pocket the first day he went away--I then asked what he had done with Madame Vestris' black lace veil; he said he had pledged it at Philimore's, in the Old Kent-road for 10s.; I asked what he had done with the purse which the money was in, and the duplicate of the veil--he said he had thrown them both away in the Old Kent-road; I then asked what money it was he had stolen--he said three 10l. notes, six sovereigns, and some silver; I took the hat off his head, and asked if he had not bought that at a hatter's in Newington-causeway, left his old hat behind, and changed a 10l. note to pay for it; he said, Yes--I asked if he had not written on the note, "Thomas Garland, near the Swan, Old Kent-road;" he said he had--I asked if 4l. 13s. 6d., which is all that was found on him, was all that he had left out of what he had taken away; he said, Yes. On Sunday, the 9th, I went to the Compter again, by direction of Madame Vestris, and saw Thomas first; I did not threaten him or make any promise--I told him Madame Vestris was very uneasy about her rings, and if they were not lost, to tell me where I could find them; he again said he had lost them out of his pocket the first day he left; I asked if he had changed any of the notes himself at the Bank; he said No, he had got a porter to change one of them for him--I took out the notices I had received from the Bank, of the notes having been stopped, and asked if he had given the porter the name of "Thomas Jones, No.14, Kent-road;" he said he did--I showed him the notice, and another letter which I had about the hat; I asked what he could have done with all the money [page 454 begins here] he had taken away, in so little time--he said he had spent it in company with his brother, and bought different things with it--I then saw Charles, and did not hold out threat or promise to him; I asked if he had changed one of the notes for his brother at the Bank--he said he had; I asked if he had given the name of "George Stanbury, No. 33, Curzon-street, May-fair;" he said, Yes--I asked if his brother Thomas told him to give that address--he said he did; I had previously inquired at No. 33, Curzon-street, and found no such person lived there. On the Monday following I received charge of them at Marlborough-street, and as I was locking Thomas up (I did not either threaten or promise him) he said one of the rings could be recovered, but the other it was no use to look for--he then told me he had thrown one ring into the dust-hole at the watch house, and the other he had thrown away in the street, opposite the Compter, on being taken there--I had the dust hole at the watch-house searched, and the ring was brought to me; I have it here--this was on Monday, the 10th of May; I forgot to say that I asked Charles on Sunday, if he knew how his brother came by the money--he said Yes, of course he did; those were his words--I asked why he did not advise his brother better, when he knew how he got it; he replied, "What could I do?" that is all that passed--I went on the Monday moring to the pawnbroker's, with the lady's maid, who identified the veil; I produce the hat and a ring set with six diamonds; neither of the prisoners read the notices or the letter, but I had them in my hnad when I asked the questions; the hatter had given the old hat away.
 GEORGE DYER. I am a Bank clerk. I produce three 10l. notes, Nos. 12,575 and 12,576, which were paid in on the 28th of April, and No. 12,577 paid in on the 30th of April--neither of them were paid to me, but I have marked on them the date they were paid in; it is my business to do that--a person paying in a note invariably writes his name and address on it.
 ROBERT HENRY LAMB. I know these notes; they correspond with the numbers I paid Madame Vestris' servant on the 24th of April; I have a memorandum here, which I took from the book in which I entered the numbers at the time I paid them--I made the extract from the book myself about a fortnight ago. These are the notes I paid Madame Vestris' servant; they correspond in number, date, and amount.
 MICHAEL GREEN. This is the hat I sold Thomas Garland; I know it ny the trimming, and by the mark, and my own name in it--I have no doubt of it; this note (No. 12,577) is the one he gave me, I am certain--he wrote this name on it, and here are my initials on it, and the date, 29th of April, in Mrs. Green's writing; I sent it to my banker's that day--I did not know the prisoners before, but am certain of them both.
 MADAME VESTRIS. This is one of the rings I lost on the 28th of April; I gave 15l. for it--it is worth 9l. or 10l.; it was laying on my dressing-table, on the looking glass, uncovered; I believe these three notes to be mine, but I do not know them--I made no memorandum of the numbers: the prisoner Thomas Garland went with me to Morland's and brought me out six 10l. notes and some sovereigns; the prisoner Thomas always conducted himself well--I received a good character with him.
 MR. GREEN. Here is on the note, No. 12,577, "Thomas Garland, near the Swan, Kent-road, 29th of April;" I saw him write that.
 [In smaller type...]
 The other two notes were endorsed T.Jones, 14, Kent-road, and C. Stanbury, 33, Cruzon-street, May-fair
 Two witnesses gave Thomas Garland a good character.
T. GARLAND__GUILTY__DEATH.   Aged 17.
C. GARLAND__NOT GUILTY.
__________________________________________________________________
1035, THOMAS GARLAND was again {italics} indicted for stealing, on the 28th of April, 1 veil, value 6l., the goods of Eliza Lucy Vestris, his mistress; and CHARLES GARLAND was again {italics} indicted for feloniously having received the same, well knowing it to have been stolen.
 MADAME VESTRIS. I went to Drury-lane theatre on the 28th of April, at twelve o'clock, and gave the prisoner Thomas my veil there, desiring him to bring it to me at four, when he was to return with the carriage; he did not return, but the carriage came--I went home; he was not at home--I found my veil in pledge.
 PETER HAYES. I am a shopman to Mr. Philimore, a pawnbroker, of the Kent-road. On the 28th of April the prisoner Charles Garland pawned this black lace veil with me for 10s., in the name of James Lee--I am quite certain of him.
 GEORGE AVIS. On the 8th of May I saw the prisoners in custody at the Compter, and told them they were not bound to answer any questions if they did not think proper; I said, "What have you done with the veil?" Thomas Garland immediately said it was pawned at Philimore's, Kent-road, for 10s., and he had thrown the ticket away--he did not say who had pawned it; Charles said nothing.
 {in italics...} (Property produced and sworn to.)
 Charles Garland's Defence. I did not know it was stolen; my brother gave it to me, and told me to pawn it--I asked him where he got it from, but he would not tell me.
  T.GARLAND__GUILTY.   Aged 17.
  C.GARLAND__NOT GUILTY.
 [Thursday, May 27.] {<-italics} 

Thomas was transported in 1831 on the York. His assignment details are as below:-

[name]    114x Garland Thomas
[age]    19
[education]   RW
[religion]   P
[marital status] s
[notive place]  Horsley Down
[trade or calling] Waiter & Footman
[offence]   Robing Mistrefs Madam Vestris
[place of trial] London
[date of trial]  27 May 1830
[sentence]   Life
[previous conv.] none
[height]   5'3"
[complexion]  Ruddy
[hair]    Brown
[eyes]    Brown
[to whom assigned] Rev C.P. Wilton Parramatta

Distinguishing marks are recorded as:- 
Small perpendicular scar in left Eyebrow & Small horizontal scar on left side of forehead.

Also written on the assigment record are the numbers of his Ticket of Leave - "42/796" and conditional pardon - "No. 48/705 Dated 1 March 1848."

His ticket of leave stub, (42/796) dated 12 March, 1842, is hard to read as it has written sideways over the details, "Ticket of Leave torn up Garland having received a Cond. Pardon No 48/705 Dated 1 March 1848." (The only information these details add to the assignment register is the name of the York's master - Leary.)

On 27th April 1833, almost three years to the day after he committed his offense, he married Ann Jones. It is not known at this stage whether she was also a convict.

Thomas and Ann had at least two children, Louisa and Thomas. I have not yet searched for others. Louisa Garland married Thomas Pascoe, and Thomas Garland married Pascoe's sister Eliza. Their parents were James Simpson Pascoe and Elizabeth Hancock.

Thomas and Ann appear in "The 1841 Hunter Valley Register" by Elizabeth Guildford. From this list of ten thousand names we find that Thomas was a "labourer, Camyr Allyn, assigned to Mr. Boydell (Feb 1840)" and at "Caegwrle (Apr 1842)." Ann is also listed as with him.

There are family rumours that the Garlands used to harbour bushrangers when they came down out of the hills to the north. This would be especially ironic if true, because Thomas worked on the Boydell estate as a cook, and Charles Boydell records in his diary, which is excruciatingly illegible, how on one occasion he apprehended several bushrangers. While he was catching bushrangers, it seems his own cook was in the habit of hiding them! (Diary on Microfilm at Mitchell library A2014 1830-35)

The Photos above were taken around 1880. It is difficult to date these accurately from the clothes - Ann especially seems to be wearing old fashions.

 

Children
Louisa
Thomas Jnr
born 16.3.1847

SUBMITTED BY

Name: Greg Munro