NameJohn LEVETT (LATER SMITH) , Source, M
Birth29 August 1821, St John, Lewes, Sussex, England
Death28 May 1888, Hobart General Hospital, Hobart, Tasmania, Australia, (35/1500)
Burial30 May 1888, Cornelian Bay Cemetery, (Pauper’s Grave, A Number 500), Hobart, Tasmania, Australia
OccupationLabourer, Groom, Baker, Farmer
EducationRead And Write
ReligionChurch Of England
Baptism13 January 1822, St John Sub Castro, Lewes, Sussex, England
FatherEdmund LEVETT , M (~1785-1858)
MotherSarah GATES , F (1785-1848)
Spouses
Birthabout 1841, Woolwich, Kent (Now London), England
Death6 December 1910, Her Residence, 26 South Street, Battery Point, Hobart, Tasmania, Australia, (1382)
Burial7 December 1910, Queenborough Cemetery, Sandy Bay, Hobart, Tasmania, Australia
OccupationGeneral Servant
EducationRead And Write
ReligionProtestant
Marriage15 August 1865, St Mary The Virgin, Macquarie Plains, Tasmania, Australia, (37/495)
ChildrenElizabeth , F (1865-1866)
 James , M (1866-1947)
 Caroline Matilda , F (1868-1907)
 Mary Ann (Anne Or Annie) , F (1869-1940)
 Ethel Amelia , F (1872-1877)
 Edmund John , M (1877-1950)
 Thomas Leonard (Len) , M (1878-1926)
 Christie Lucy (Lucy) , F (1881-1905)
Notes for John LEVETT (LATER SMITH)
John SMITH https://sites.rootsweb.com/~ricksmith61/smith/ps01/ps01_001.html and John LEVETT https://sites.rootsweb.com/~ricksmith61/levett/ps01/ps01_001.html are the same person. Linking them has been elusive but evidence has been found on Albert LEVETT’s trees.

Noted events in his life were:
1. Census 1841; 6-7 Jun 1841; Lancaster St, Lewes, Sussex. John aged 20/son/Male Servant/b about 1821 Sussex.
2. Census 1841; 6-7 Jun 1841; House of Correction, Lewes, Sussex. John aged 20/ Prisoner/Lab/b about 1821 Sussex.
(The second person is anoth John LEVETT the first one is this person).

1841 Census:
Ho 107/1120/Sechedule 19/ Pages 30 - Lancaster Street, Lewes.

LEVETT, Edmund, 55, Labourer.
Sarah, 55.
William, 25, male servant.
John 20, male servant.
Thomas, 15, male servant.
All born in the county Sussex.

Census 1841 [Film: XA19/6]
County of Sussex Parish of St John Under the Castle & All Saints [as written]
Borough of Lewes.
Sup reg Dist: Lewes, Chailey, West Firle, Newhaven.
reg Dist: Lewes.
HO107/1120/Fol: 39 /Pg 2 House of Correction, Lewes, SSX
John LEVETT 20 Prisoner Labourer b. Sussex.

Henry Cloak an Innkeeper aged 47 at High Street, Uckfield, Sussex in the 1841 Census. There is a R. Cloake at Uckfield - “Maiden’s Head Hotel”, “Commercial Inn” and Post House and agent for the Railway Companies conveyances. There is also a Henry Cloak in the 1831 census at Uckfield.

There are three criminal convictions at the quarter session sittings at Lewes 1810-1854 (ref XA 62/4) for a John LEVETT:

1. John Levett of Berwick, labourer (aged 14 years) was tried at Lewes on 7th April 1835, for stealing 68 lbs of hay from John King of Berwick, when he was found guilty and sentenced to three days solitary confinement “as an incorrigible rogue” and 12 months hard labour (QR/E 828). (This a the present time is not likely to be this John Levett).

2. John Levett of Lewes (aged 22) was tried at Lewes on 18th May 1842, for stealing one bottle of port (value 3s 6d) and a bottle of ginger beer (value 3d) from William Rose of Lewes, when he was found guilty and sentenced to one months hard labour with the last week in solitary confinement (QR/E 884). (This is almost certainly this John Levett).

3. John Levett, a guard to a coach (aged 25) was tried at Lewes on 30th June 1845, for stealing coins of the realm from Henry Cloake of Uckfiled, when he was found guilty ans sentenced to transportation for ten years, “a former convict” (QR/E 909). (This is this John Levett).


Tasmanian Convict Record Information:
John LEVETT was transported on the ship “Joseph Somes (I)” (265). It left London, England on the 14th January 1846 and arrived in Hobart, Tasmania on 20th May 1846. An entry is made in the Hobart Town Gazette on 23rd May 1846.

Record: CON 33/77
Indent: CON 14/35
Description: CON 18/45
Surgeons Admin: 101/39 reel 3199
Other: ML 26

Information from CON 33/77 is as follows:
Joseph Somes (I)

17935 John Levett.

Tried: Lewes Sussex Quarter Session on 30th June 1845. He was sentenced to 10 years.

Embarked on the 10th December 1845 from London. Arrived in Hobart, Tasmania on 20th May 1846. He was Protestant. Could read and write.

Transported for (could be an abbreviation for stealing and/or embezzlement) monies; Goal report 2nd conviction strigly (word looks like this); stated this offence: Embezzlement of £25 given to me to put in the Bank for Mr Henry Cloak at Upfield, (should be Uckfield) - for bottle of wine one month.
“Single” -

Surgeon report: very good.
Trade: Coachman

Height 5 foot 5 inches. Age 27 years. Complexion sallow. Head small. Hair dark brown. Whiskers none. Visage narrow. Forehead small. Eyebrows dark brown. Eyes blue. Marks: face slightly freckled. Slight made.

Period of labour 18 months.

Station of Gang: South Port / ??? hospital, 22nd June 1846 PB, 7th September 1846 Hospital, 9th September 1846 PB, 30 September 1846 South Port.

Class: 1 Clap PPH 3rd, (Probation Pass Holder)

Offences and Sentences:

PPH 18 November 1847

29 December 1848: Bush? Hobart drunk? three days solitary P473

2nd July 1850: T.L (could be Ticket of Leave)

7th June 1853: Conditional Pardon approved.

22nd May 1857: ???? to Swansea.

25th May 1863 Swansea: Breach of Muster and Servants Act, fined £10 or one month’s nights tht? labour in default /Warden/ J.P.K./

Remarks:
23rd November 1847: J. Davis, Peppermint Bay, (Peppermint Bay is modern day Woodbridge)

1st February 1848: PB (Prison Barracks)

3rd February 1848: W. D. Beech? Cacup St (words unclear)

29th December 1848: PB

1st January 1849: Returned to service.

10 November 1852: Recommended for CP.


Other comments on side of sheet:
13th November 1846: S Port (South Port)

24th February 1847: S Port

29th December 1848: PM (Prison Magistrate)

23rd May 1850: Reqs

24th June 1850: Reqs

22th July 1851: Swansea

29th March 1852: CP (Conditional Pardon?)


Information from CON 14/35 is as follows:
17935 John LEVETT, (note the record states LOVETT, but information is the same as CON 33/77). Page 113.

(Note: There is a note on the record that he landed sick).

When Tried: 30th June 1845 in th Lewes, Sussex (either J. S. or I. S.).
Sentence: 10 years
Age: 27 years
Height: 5 foot 5 inches
Religion: Protestant
Read or write: Both read and write
Married or single: Single

Statement of offence:
Embezzlement of £25 given me to put in the Bank by Mr Henry Cloak at Upfield. (Note: this should be Uckfield).

for a bottle of wine 1 month. (Note: This is likely to be a previous conviction).

Trade: Coachman
Native place: Lewes

Remarks:
Father: Edmund
Mother: Sarah
Brothers: Edmund, William, Thomas
Sisters: Sarah, Mary, Elizabeth, (Note: There is a mark underneath the sisters names, this
appears to be the signature of the recorder).

Information on CON 18/45:

John LEVETT

(Note: the word Hospital appears on the record indicating that this may have been taken in hospital or he is to go to hospital).

Complexion: Sallow
Head: Small
Hair: Dark brown
Whiskers: None
Visage: Narrow
Forehead: Small
Eyebrows: Dark brown
Eyes: Blue
Nose: Small
Mouth: Small
Chin: Small

Marks:
Face slightly freckled. Slight made.


Information on Surgeons Admin: 101/39 reel 3199
John Levett, convict, aged 23 years, put on sick list 23rd February 1846, Rheumatism, discharged 13th March 1846 - cured.

Nature of Disease: Gastro Enteritis
No. of Case: XIX
Name: John Levett, age 23, convict, put in sick list April 23rd (1846), Hospital Hobart Town 1st May (1846).

April 21st
This prisoner is of very delicate constitution. Complains of the diarrhoea. Salt Provisions to be checked. Preserved soup in lieu. Gruel. Capt. Hanet. ??????? post singulas sever liquidatas.

April 28th
Since last report, the diarrhoea is nearly gone - but complains of pain in the belly pain increased on pressure. Pulse weak. Skin cool. Tongue red and glazed. Capt. Pil. Cal. gr 1/2 P. Doo gr y.. 4tr que que hora. Formentation calida it Coup or Soup. Lytte abdomen. Diet, Rice or sago, oat meal, gruel Psrd soup.

April 29th
Blister rose well and was dressed with mercurial ointment. Bowels still pained on pressure. Continue Pit ??? Inf. Hydra feminibus.

May 1st
Yesterday no change of consequence, still pain on pressure. Tongue red and glazed as before. Pulse small and weak. Skin natural - copper taste. Gums swollen . repr emp Lyttoe etput.

May 2nd
Much the same, hot fomentations to the belly give great relief, blister dressed with ointment - Coutr ommnia.

May 5th
Mouth getting aore is very weak. pain in the bowes abated ommittr pil. Bowel confirmed to have oRicissi 7/3 pts in aq. menth losing flesh and strength. To have a little win ans sago.

May 8th
No alteration since last report. Is very weak - appetite bad. the diarrhoea has recommenced - some pain in abdomen. skin cool. Pulse weak. Repr resicat part dolent the chalk mixture occasionally.

May 12th
Diarrhoea checked but gaining no strength and losing flesh pain in abdomen now obscure. Tongue clean. Salivation. Continued to take part wine and preserved soup with via quis nae 731 daily up to the 21st May when the ship having arrived at Hobart Town. he was sent to Hospital.


From the Mitchell Library in Sydney:
1846/0081/P1-8/CY1202
1846/0113/P1-8/CY1202
1846/0120/P1-8/CY1202

The references you supplied refer to the Tasmanian Papers, a series of records created by Tasmania's Convict Department last century. The microfilm number CY1202 contains Tasmanian Papers no. D1, labelled 'Assignment Lists, 1845'.

Frame no. 81 of CY1202 is part of a document entitled 'List of male transports to be embarked on board the Joseph Somes convict ship from Millbank Prison'. For your purposes, the relevant line contains the following information:

Name: Levett, John
Age: 25
Whether he can read or write: Imperfectly
Trade or profession: Guard to a coach
Married or single: Single
Specific description of crime: Stealing monies
Sentence: Ten years
When and where convicted: 30th June 1845, Lewes [?] Sessions
When and whence received: 12th June 1845, Lewes [?] Gaol
Period of detention in the Probationary Gang: One year, six months
Remarks: Second conviction.

Frame no. 113 of CY1202 is a document entitled 'A return of the sick on board the Joseph Somes (I) male convict ship, Dr James L. Clarke, Surgeon Super't'. Of the four convicts listed in this document, the following is of interest to you:

'John Levett put in Sick List 21st April with Diarrhia [sic], which has been succeeded by Gastro Enteritis. He is a case for the Hospital'.

Frame no. 120 of CY1202 is part of a document entitled 'Nominal return of the convicts, corresponding with the Hulk List, specifying the conduct of each during the voyage'. For your convict, the document says:

Name: Levett John
Conduct during the voyage: Very good.


POL 241/2:
Arrivals Great Swan Port:
John Levett 1851 from Hobart. Arrived 6th February 1851. Employers: Minshall. Ship to Tasmania: Joseph Somes.
1852: John LEVITT Employers: Thomas Minshall and Edward Allen.
1853: John LEVITT Conditional Pardon 7th June 1853. Edward Allen.

Convict Detail from the Archives Office of Tasmania new convict index (17th May 2000):
Convict Number: 46443
Surname: Levett
Given Name(s): John
Ship Name: “Joseph Somes (1)”
Departure Port: London
Departure Date: 14th January 1846
Arrival Date: 20th May 1846
Conduct Record: CON33/77
Indent: CON14/35
Description List: CON18/45



The following is from https://sites.rootsweb.com/~austashs/convicts/conships_j.htm
Joseph Somes (1)
First voyage
Male convicts on board

Departed 14 Jan 1846 from London
Arrived Tasmania (Van Diemen's Land) 20 May 1846
Source: AOT

Arrived 19 May 1846, ship, 780 ton, built at London in 1845, Class A1, Master Geo. Thompson, Surgeon Jas. L. Clarke, sailed 22 Dec 1845 from Woolwich, via Teneriffe, voyage 148 days.
Embarked with ?250 male convicts, 7 deaths, 243 landed at Hobart.
Source: Bateson

Arrived Hobart 19 May 1846, barque, 620 ton, 49 crew, Master G Thompson, departed London 14 Jan 1846, 243 male convicts, Surgeon Superintendant J Clark, 67 troops & families, 7 male convicts & 3 children died on passage.
The ship's arrival was reported in Hobart Town Courier, Colonial Times and Hobart Town Advertiser.
Source: Broxam

Convicts listed by Researchers
COHEN Moses
HARTRIDGE William
HYDE George
HYDE George
WILLOUGHBY Samuel
WILLOUGHBY Samuel

Non-convicts on board listed by Researchers
No current listings

The Sussex Advertiser, Tuesday, 24th May 1842:
JOHN LEVETT, 22, servant, pleaded guilty to stealing, at the Parish of St John, Lewes, on the 5th ult., one bottle of port wine and one bottle of ginger beer, the property of Mr Wm. Rose, landlord of the Star Inn - One month's hard labour.

This is the entry for Henry Cloake in the 1851 census for Uckfield:
High Street, Isfield - in the parish of Uckfield

Henry Cloake, Head, 57, Innkeeper, born Turnham Green, Middlesex
Rhoda Cloake, Wife, 56, born Eastbourne, Sussex
Alfred Cloake, Son, 31, Assistant Innkeeper, born Eastbourne, Sussex.


The Sussex Advertiser, 24th June 1845, page 2:
EXTRAORDINARY ROBBERY of £25. – On Saturday last, a young man named John Levett, who has been for some time employee as a guard on the London and Brighton coach, which passes through Uckfield, was brought before H. BLACKMAN, Esq., and G. MOLINEUX, ESQ., at the office of F. H. Gell, Esq., charged with stealing £24 19s, the property of Mr Henry Cloake, the landlord of the Maidenhead Inn, Uckfield.

The prosecutor stated, about a quarter past four on the afternoon of he 17th instant, I packed up a small parcel, in which £24 19s, consisting on one £5 Bank of England note, two £5 notes of the Lewes Bank, nine sovereigns, one half-sovereign, and nine shillings in silver. Having tied it securely with string, I delivered it, directly to Messrs. Molineux, Whitfeld, Dicker, and Molineux, to John Levett the prisoner, who was then going to Lewes by the London coach. I said to him, I wanted him to take it for me, and he said he would. I told him that it was money, and that he must go with it to the Lewes Bank immediately on arrival, as it was to advise a payment in London, and I was fearful the bank would be closed if it were not delivered immediately. In consequence of information I received yesterday from London, and also from Lewes, I set off for the latter town, and met the prisoner between Lewes and Uckfield, at a place called Clay Hill. On asking him if he had delivered the parcel, he said, “I gave it to a little boy at Mr Molineux’s house, as the bank was shut.” He told me also, that it was nearly seven o’clock when the coach got into Lewes. The prisoner went back with me to Lewes, and I went to Molineux’s bank, but found that the parcel had not been left there. I then went to Mr. Molineux’s house with the prisoner, and on his seeing the boy, he said, that is the boy; and asked him, “Did I not give you a parcel last Tuesday night, about seven o’clock?” The boy, as I understood, said “Yes, and I gave it to master.” I then went over to the bank, and returned with Mr Molineux to the house, and he asked the boy if had taken the parcel then. The boy said “No, I did not.” I said, “How came you to say then, you had given it to your master?” The boy replied “I said, if I received it I gave it to my master, as I do all other parcels.”

Mr Blackman—That is not evidence.

Mr Hobden—It is rather explanatory, sir.

The prosecutor continued—I afterwards gave the prisoner in custody to Superintendent Bolton, at the White Hart, and yesterday I asked him, where he had got new clothes he had on? He said, “Mr Kidder bought the coat for me at Maxfield and Smith’s.” Having made enquiries as to this, I repeated the question in the presence of Mr. Bolton, and he then said. He got it at Brown and Crosskey’s. On asking where he got the money, he said, he had picked up a purse between the Cock at Ringmer and the Old Ship last Thursday week, and that there were four sovereigns in it, and he threw the purse away.

Mr Blackman--The prisoner said, when the boy opened the door, “that is the boy I gave the parcel to,”—is that so?—Certainly.

And at the same time the prisoner asked the question, “Did I not give you a parcel some where about seven o’clock on Tuesday evening?”—Yes, sir.

Now you say, you understood the boy to say “Yes, I gave it to my master?”—Decidedly, sir.

Mr Blackman: You see the boy puts it quite in a different way.

On being asked if he had any questions to put to the prosecutor, the prisoner commenced a statement as to finding the purse, &c. but was stopped by

Mr Blackman, who said—That is not a question,—that is your defence.

Mr Cloake—It is only corroborating my evidence.

Robert Medhurst, a lad of 14 or 15, was next sworn—I am in the service of George Molineux, Esq., and always answer the front door; I am certain John Levett did not at any time since, leave any parcel with me for my master, or any other person. I don’t know that I ever saw him before yesterday, when he called with Mr Cloake at 11 o’clock. He said, “What did you do with the parcel I gave you?” I said, “You never left any parcel; if you did, I should have taken it to my master.”

The prisoner—When we first went, he said, “Yes,” when I asked him, and he said, “I gave it to my master,—wasn’t it a little white paper parcel?”

Mr Blackman (to Mr. Cloake)—Did the witness ask you if it was a little white paper parcel?—No, sir.

You are quite sure of that?—I never heard him, sir.

Superintendent Bolton deposed to taking the prisoner into custody yesterday afternoon, and corroborated the prosecutor’s statement with regard to the prisoner’s account of his new clothes.
Mr George Whitfield: I remember the closing of the Bank on Tuesday evening, the 17th. I shut the Bank up by closing the outer gates and doors, at twenty minutes to seven on that evening. The time of closing on ordinary days is five o’clock, but on Tuesdays it is open longer on account of business, and it is not generally shut till between six and seven.

William English deposed that he attended to the coach business transacted at his father’s. He remembered that on the 17th the London coach arrived precisely at six o’clock: because, as the clock struck, he had just told a person it would not, perhaps, be in for half-an-hour, when it actually drove up to the door. The prisoner was on the coach, to which he was guard.

Sarah Haycock, servant to Mr Rose, stated that she kept the tap at the Star. On the 17th, Levett came in between six and seven, and in paying her 1s. he had owed her some weeks, took out a little parcel, which he said he was going to take to the Bank, and he went away directly.

Mr Blackman—Could you give us the time more particularly?

— No. I think it was not more than half-past six, but it might be a few minutes.

Elizabeth Kirby, who keeps the tap at the Crown, deposed that a little after eleven on the 17th inst., she let the prisoner in, as he promised to pay her 1s. 6d., which he had owed her nearly two years. He gave her a sovereign, and she gave him the change. He had paid ready money since he owed her the 1s. 6d., as she had refused to trust him.

William Moore, beershop-keeper, stated that about a quarter before nine on the 18th, John Levett came in, had some beer and ginger-beer, and paid for hat and 1s.11d. he owed him with 2s.6d. He then said he wanted some change, and he took from his waistcoat pocket a small parcel, wrapped up apparently in writing paper, from which he took half-a-sovereign, and in moving it, it rattled as though there were more. He took witness afterwards to the Lamb, and they partook of some spirits there. He then went away with the London coach, of which he had been guard for four months. On Friday witness came again, and had some beef-steaks cooked, and some beer and ginger-beer and treated others. He then had a gold ring with a red stone, which, he said, he found going over the Bridge, and Tanner told him was worth 15s.. He had on a new coat and handkerchief; and some one saying he was coming out, he said—“His master was ashamed to see him on the coach, and he had given some money to buy them.”

Samuel Oakingham, assistant-draper at Messrs Brown and Crosskey’s, deposed that the prisoner bought a blouse, waistcoat, and cloth cap there, about six p.m. on the 18th. He paid 13s. for them, giving a sovereign and getting the change. Witness, when the prisoner took the sovereign out, heard the rattle of other money, apparently gold, in his pocket.

Mr Blackman—I should like to see the knife and ring, if they are here.
Superintendent Bolton—The knife is, sir, but Inspector Phillips has gone to Brighton with the ring.
Mr English deposed that he sold the knife produced by Superintendent Bolton on Thursday to the prisoner, for which he gave him three shillings.

J.Barwell, the assistant to a tobacconist in the town, whose name was not mentioned, deposed that on the afternoon of some day lately, the prisoner wanted a penn’orth of tobacco, but as he refused to trust him, went away without. He thought it was about the middle of last week.
The prisoner then, in defence, admitted receiving the parcel from Mr Cloake, but alleged that, when he got in, the bank gates were shut. He finished unloading the coach, and then went to Mrs Haycock’s for beer. He told her about the parcel, and said he was going with it to Mr Molineux’s house—

Mrs Haycock—You didn’t say so to me.

The prisoner, in continuation, alleged hat he gave the parcel to the little boy at the door (Medhurst). On Friday morning, as he was going up by the coach, just along Clay Hill, Mr Cloake came up in a four-wheel chaise, and stopped the coach, and asked if Levett was there? Prisoner jumped down immediately, and Mr Cloake got out of his chaise. Prisoner went up to him directly. He asked what he (Levett) had done with the parcel given to him on Tuesday? Prisoner replied, he had taken it to Mr Molineux’s private door. Mr Cloake said he must go back with him, and see about it. After giving his master half-a-crown he got from a gentleman, and also a box, he came away directly. Mr Cloake went and asked Mr Molineux if he knew anything about it? Whilst Mr Molineux was looking the books over, Mr Cloake told him that he (prisoner) had delivered the parcel at his private house, and Mr Molineux said, they had better go there and see then.

“ When we got there,” continued the prisoner, “we knocked at the door, and the boy came. I asked him, “What have you done with that little parcel I left here on Tuesday night?” He said, ‘he had given it to his master.’” Mr Cloake asked him , if he was sure of that? The boy said he always gave all parcels to his master. He then asked us into the hall, and his mistress called the boy into the parlour. Mrs Molineux ten came out after a few minutes, and Mr Cloake stated the case to Mrs Molineux. Mrs Molineux said Mr Molineux would be in in a short time, and she would ask him about it. We then went to the Bank again, and when we got out of the door, Mr Cloake said that he knew it was all stuff:—he could see how it was. He thought they had laid the parcel by and forgot it. They had pretty nigh raised his monkey, and he should have blown up in about two minutes. He could see that they had got the parcel in the parlour by their way.”

This closed the prisoner’s account of the proceedings, and Mr Blackman then said that he must be committed for trial at the coming quarter session.


The Sussex Advertiser, Tuesday, 8th July 1845:
John Levett, coach guard, 25, pleaded not guilty to a charge of stealing, at Uckfield, on the 17th inst., 24l. 19s., the property of Henry Cloake. Mr Creasy was for the prosecution, but being engaged in the other court, the witnesses were examined by Mr. Hurst. The facts of the case appeared in full in the Advertiser of the 17th inst. On this occasion, the prisoner with one exception, entirely declined cross-examining the witness, the only question he put, being to Mr. Clarke, the prosecutor who, in return stated that he did not ask him (the prisoner) anything about the clothes he was found to have purchased, before he was taken into custody. The following additional evidence was produced:-

W.H. Bellingham deposed – I am a watchmaker, at Lewes; I came from London to Lewes, outside, by Simcox’s coach, on Thursday the 19th of June. I noticed the prisoner on the coach first this side of Uckfield, and saw him take money out of his pocket, apparently to count it. It was in sovereigns, and I would judge there were well nigh twenty sovereigns by the “length” of them. I remarked them, as I thought there was a very great contrast between the appearance of the man, and the money in his possession, and I was surprised at it.

Inspector Phillips asked the prisoner on Saturday, the 28th, what he had done with the ring he used to wear? He said it was in his coat pocket, which it actually was, and alleged that he had picked it up on the other side of the bridge, when a lad of the name of Gower was with him.
The Chairman: have you got the ring? – Yes, I showed it Miss Tanner, and she said, it was bought in the shop a day or two previous.

Esther Susannah Turner: I remember the 29th June,-

The Chairman : She merely said that it was brought by somebody on that day?

Mr Hurst: That is all, my lord.

The Chairman: Oh, we’ll not take it then. It is not inconsistent with the prisoner’s account, for the person might have dropped it and he found it afterwards.

The prisoner said, he had nothing to say in his defence.

The Chairman, in summing up, said it was for the jury to say whether the prisoner had obtained the money from the parcel with which he was entrusted. It was certainly proved that he had been entrusted with the money. He then went to Lewes, and though ordered to go to the bank immediately – though it was proved by the clearest evidence that the coach arrived at six o’clock, and that the bank did not close till nearly three quarters of an hour afterwards – yet it certainly appeared that he did not take it. Now the Bank was not above forty yards from where the coach stops, so there was an abundance of time for him to go there. But it was alleged by the prisoner that he went with the money to the private house of Mr Molineux. It is for the jury to say whether he did or not. There were some apparent discrepancies given by the boy Medhurst, and it is for them to say whether there was any good reason for disbelieving what he said when, correcting himself, or, at least, correcting the impression the prosecutor had received from his statement, he said “If I did receive it (the parcel) I should have done the same with it as I do with all the other parcels – given it to my master”. Then the jury had the fact that the prisoner, who previously had no money, or, at least, was in debt in two or three places, at the tap of the Crown, at the tap of the Star, and at a beer-shop; - that this man, who could not previous to this gain credit at the grocer’s he was in the habit of going to for a penn’orth of tobacco, had certainly become possessed, relatively to his condition, of a great deal of wealth. This was proved by the showing on one occasion of nearly twenty sovereigns, by his purchasing new clothes, and by his wearing a gold ring. It was for them to say whether he had satisfactorily accounted for his sudden wealth which seemed to have flowed in upon him. One account he had given was, that the clothes were given to him by Mr Kidder; then he had said that his master had provided them; but if that had been so, what could have been easier than to have called him? On the whole, if they believed he may have so fortunate as to find this money, or if they had reasonable doubts as to any other account he gave, for his statement was full of contradictions, they would give him the benefit of the doubt; but he was afraid the only conclusion they could arrive at was, that the money entrusted to his care was that of which he had possessed himself; it was, however, entirely their province to say if that was so or not.

The jury, after some deliberation, returned a verdict of guilty.

The prisoner then pleaded guilty to a previous conviction, which took place on the 5th April 1843, when he was found guilty of stealing a quart of wine &c, from Mr William Rose, and sentenced to one months’ hard labour.

The Chairman said the prisoner had been convicted on the clearest possible evidence, and as he had previously been found guilty of felony, the usual rule must be applied in this case, he must leave the country. The sentence was that he be transported beyond the seas for ten years.

Prisoner: Thank you, sir.

Glamorgan Lower Court Records

Friday 12th March 1858 - Present Edward Carr Shaw Esquire

Accussed: John LEVETTT, F.S. 26 years, can both read and write

Charge: By Mr. Chief District Constable Watson with being drunk on the 5th instant

Plea: Not Guilty

Statement: Mr Thomas Watson being sworn said - I was riding on the public road near Swansea with Mrs Watson. I saw a man reel and fall down in the middle of the road, on coming up I found it was Levett - He raised himself on his knees, then up his arms, and called out “don’t you let your horses shy at me”. He was drunk.

Verdict and sentence: Fined ten shillings and court costs of one shilling

Edward Carr Shaw


Reference: THAO, LC167/1/5 p215 Swansea Court of Petty Sessions

John LEVETT/SMITH worked for the following on his property at Summerleas, https://sites.rootsweb.com/~ricksmith61/christie/ps17/ps17_402.html (Lyell Symers CHRISTIE 1824 - 1906). He came to Hobart from Melbourne on 5th August 1854 on the “Tasmania” as cabin passenger, MB2/39/18 p198. He applied for grant of 200 acres in Summerleas, SC/285, p559, 14th December 1855. He went to Victoria and married Margaret Brown in 1860 and settled in Brighton until 1863 then Ballarat about 1864. He and Margaret had 11 children: Cath, Margaret, Jessie, Mary, Annie, Eliza, Martha, William, Charlotte, John Brown and Andrew Lyell.

Lived married life at Bothwell and Summerleas, both in Tasmania, Australia.

Groom, Campbell Street, Hobart, Tasmania, September 1865.

Labourer, Bothwell, Tasmania, October 1877.

John’s occupations were listed at follows at his children’s baptisms.
Mary Ann Labourer
Sarah Louisa Labourer
Ethel Amelia Baker
Sarah Louisa Labourer
Thomas Leonard Storeman

Death notice states he was a labourer and died of pneumonia. He died at the Royal Hobart Hospital, Hobart, Tasmania. He was born in England. He was aged 64 years.

From Ailsa Herbert, February 1999 <aherbert@tassie.net.au>:
“As fas as I know Summerleas, the bit of scrub [and the dreadful road named after it] joining two beautiful bits of south Tassie, was once crown land. The ‘powers that be’ in their infinite wisdom at some time back in the dim past decided that the area would make a great town. Surveys wre done and streets were marked out. Lack of money, people wanting to live there, who know why it was a great flop.
You may be able to find out more from the ABC Archives. I believe that some years ago Chris Waterhouse did a program on the area.”

Southern Regional Cemetery Trust
  Brief Record Details

 
First names : John 
Surname : SMITH 
Age :   64 
Date of death :  
Service type : Burial
Service date : 30-May-1888
Last residence :    
Grave location -
  Cemetery : Cornelian Bay 
  Area or denomination : Pauper 
  Section : A 
  Site number : Number 500,

https://familysearch.org/pal:/MM9.3.1/TH-1971-41607-22372-84?cc=1935075&wc=M9HT-HMX:n642732057https://familysearch.org/pal:/MM9.3.1/TH-1971-41607-22372-84?cc=1935075&wc=M9HT-HMX:n642732057


http://knightlyfamilies.com/lyvet.htm
Notes for Caroline (Spouse 1)
Sailed from London on “Golden South” arriving Melbourne, Victoria 13th June 1863 then sailed by “Black Swan” to Launceston, Tasmania and was coached to Hobart, Tasmania, Australia.

From the Victorian Immigration records:
MITCHELL CAROLINE 22 JUN 1863 ”GOLDEN SOUTH” B 217 001
KILEY ANN 34 JUN 1863 ”GOLDEN SOUTH” B 217 001

MITCHELL CAROLINE 22 JUN 1863 GOLDEN SOUTH B 217 001 (as above)
MITCHELL EDWD 27 JUN 1863 GOLDEN SOUTH B 217 004
MITCHELL ELIZABETH M 5 JUN 1863 GOLDEN SOUTH B 217 004
MITCHELL ELLEN R 7 JUN 1863 GOLDEN SOUTH B 217 004
MITCHELL FRANK I JUN 1863 GOLDEN SOUTH B 217 004
MITCHELL GEORGE E 3 JUN 1863 GOLDEN SOUTH B 217 004
MITCHELL HANNAH 57 JUN 1863 GOLDEN SOUTH B 217 002
MITCHELL PAULINA 31 JUN 1863 GOLDEN SOUTH B 217 002
MITCHELL REBECCA 27 JUN 1863 GOLDEN SOUTH B 217 004

Free arrival:
Single, 22 years old, Protestant, Read and write, General servant, Native place: Woolwich, Sent out on application of Mary G. Dean

Came out with Anne Kiley or Kily. Anne was in her 30’s and was born in County Cork, Ireland.

Reference C.B. 7/12/11 - Bk 83

Lived married life at Bothwell and Summerleas Road, Fern Tree, all in Tasmania.

Death registration: 1910/1682.1

There was a death notice in the “Mercury” newspaper on 7th December 1910, page 1:
EMMETT - On December 6, 1910 at her residence, 26 South Street, Battery Point, Caroline, dearly beloved wife of John Emmett, late of Summerleas, in the 69th year of her age. Funeral will move from the above address on Wednesday (This Day), at 2:30 o’clock for Queenborough Cemetery.

Hobart City Council Records, Queenborough Cemetery, inscription on headstone:
In loving memory of Caroline dearly loved wife of
John Emmett.
Died 7th December 1910. Aged 68 years.

Also Lucy daughter of the above.
Died 18th April 1905. Aged 23 years.

Rest dearest Mother thy toil is o’er.
Thy loving hands shall toil no more.
No more they gentle eyes shall weep.
Rest darling mother calmly sleep.

Also John Emmett beloved husband of above
Died 3rd February 1913.
In the 78th year of his age.

“At Rest”.


Reference of burial is AB413/004.

There was an entry in the Clark Brothers index (20/29) +#. May have more on Caroline.

Died from fatty degeneration of heart. Apoplexy.
Last Modified 7 June 2016Created 9 January 2017 using Reunion for Macintosh