Robert Whiteway

By Vanessa Blair

James Henry Darley is one of those intriguing people on my family tree with no known birth date or birth place, and no descendants. His name appeared in 1819 when he was:

indicted for sacreligiously stealing, on the 17th of July, 5s. in monies numbered, and 10d. in copper monies numbered, the property of Joseph Hunt, John Devereux, George Greenway, and John Law, in a certain chapel … stating it to be the property of George Greenway. [1]

Two of the witnesses gave the following statements:

FRANCIS MOORE. I am near eleven years old. On the 17th of July, I was at the chapel in White-street, about nine o'clock in the morning, with my sister and brother, I saw the prisoner sitting on a bench by the poor box, I watched him, he came up, and asked what I was waiting for? I said I was waiting for prayers. He said there would be none till eleven o'clock, and sent us further up the chapel - my brother and sister went, but I sat close to where he was, and saw him getting up and down to the box; I peeped through the chairs, and saw him put his hand in the box, he then went and spoke to a gentleman. He went to the box two or three times, and lifted up the top, then walked out very quick. I heard a sound like a penny falling - the person whom he spoke to ran out after him.

WILLIAM BRODERICK. I live in King-street, Finsbury-square. I was at the chapel that morning, the prisoner was the first person I saw enter the chapel; I went next to the altar, and knelt down, in about five minutes I heard some money fall on the floor, I rose, I looked towards the poor box, and saw the prisoner take the money off the floor. I knelt down again, not suspecting any thing; in about a minute I heard a bustle, saw he was gone, and another man in pursuit of him. I went out, and the prisoner denied being in the chapel. I am certain he was there. [2]

Luckily for James, he was found not guilty, but a few months later he was not so fortunate. He appeared again at the Old Bailey where he was:

indicted for stealing, on the 24th of December, two pair of pantaloons, value 30s.; one waistcoat, value 10s.; one shoe, value 4s.; and one handkerchief, value 6s., the goods of John Varley.

JOHN VARLEY. I am a wine cooper, and live in Vine-street, Grosvenor-square; these things were in my bed-room, and I missed them at different times. There is a counting-house at the bottom of the stairs - the door is open in the daytime.

AUGUSTUS BARD. I live at Hammersmith; my uncle lodges at Varley's. On the 24th of December I was standing on the second floor stair-case, saw the prisoner come up stairs, and ask for the clergyman who lived on the second floor? he was told he was not at home, and he said he would call again in about a quarter of an hour; Mrs. Varley suspected him, and I watched him from the opposite room. In about twenty minutes he came up stairs gently, and went into Varley's bedroom without knocking at the clergyman's door; he took a pair of shoes, and was disturbed by Miss Varley coming up stairs. As he was coming out of the room, I saw him putting the shoes into his pocket, stopped him immediately, and found one on him - he threw the other under the bed.

The prisoner, aged twenty-eight at the time, pleaded distress, but was found guilty on 20 January 1820 and was sentenced to transportation for seven years. [3]

James Henry Darley sailed on the Maria, which left London 10 August 1820, with a total of 156 male prisoners, under the command of Captain Walker and the superintendence of Dr William Hamilton. The guard was made up of members of the 48 ^th Regiment. [4] The vessel arrived at Hobart Town on 1 December 1820 and a week later it was reported that:

The prisoners arrived per Maria were landed on Wednesday morning at 7 o'clock, when they were inspected by HIS HONOR the LIEUTENANT GOVERNOR, and were allotted to their employments. The prisoners by the Maria landed in the best state of health, order and cleanliness. [5]

An extract from the surgeon's report states that James, (mistakenly recorded as William) acted as a teacher to the convicts during the voyage:

Monday 24 July - Bedding up - Prison Decks cleaned and inspected & Convicts on Decks as usual. Appointed Willm. Darley and Thos. Norton Schoolmasters, Convicts washed Linen … [6]

On arrival, James was described as twenty-nine, 5'4", with red-brown hair and grey eyes. His native place was given as London and his trade that of a law stationer. [7] It was not long before the Lieutenant-Governor appointed him as a clerk in the Secretary's Office, with an annual salary at the rate of £30. [8]

In 1822, the Colonial Secretary's Office records note a Mr Darley was conducting evening school in Hobart. [9] In March 1823, Darley petitioned Lieutenant-Governor Sorell for land on which to build at either Potters Hill or at the extremity of Macquarie Street, but the petition was 'not endorsed'. [10] Correspondence to the authorities continued. It seems James was preparing to 'change his situation in life' by entering into the state of holy matrimony and needed to be able to support a wife.

Elizabeth Street
20th August 1824.

Honor'd Sir/

It is with the most profound respect I beg permission to address Your Honor and with much anxiety of mind to inform you that I have been employed by Mr. Dawes ever (since) my removal from your Office, and this Morning he informed me he had no further occasion for my Services, and for no other reason than because I solicited a little Money (due to me) from him on Saturday last, and that solicitation being in writing appears by him to be misapplied and thereby occasioned his displeasure, and my discharge leaving me at this time destitute of Employment at a time which will tend of serious consequences to me, first, from my being on the verge of changing my situation in Life, and secondly from the difficulty that appears of my acquiring immediate employment - I feel this my misfortune also from my past good conduct in this Colony and certified in writing by Colonel Sorell and Captain Robinson and now in my possession, exclusive of my Conditional Pardon which I shall ever aim to appreciate of these considerations may induce Your Honor to look to my situation and if possible to confer upon me any employment if such can be done consistent with Your Honors uniform liberality it shall be ever felt by

Honor'd Sir
Your most obedient
and ever humble Servant
James Darley

I flatter myself my character will be certified as uniformly upright by every Inhabitant of the Colony from my near 4 years service to government. [11]

Elizabeth Street
Oct^r. 5. 1824.

Honor'd Sir/

It is with feelings of greatest regret I now presume to address you to reveal my present situation after a service to Government of near 4 years during which time I made a most solemn pledge to aim in every respect to insure universal satisfaction to my Superiors and for the time to come to let my conduct be such as once was to retrieve the good name and reputation I bore with me prior to the unfortunate circumstances which occasioned my loss of friends and Relations and also banishment from my native Country, and I do flatter myself that the repeated supplications to a Throne of Grace have not been uttered in word only but in Deed, for it has ever been my cry to crave pardon for past irregularities, and strength and Grace to avoid a Repetition,- I have now been unemployed for more than 5 Weeks though I have daily paced the streets with an eagerness to acquire some engagement, and also, at the same time it has compelled me to reveal my situation to all the principal Gentlemen in the Town, but without effect, I have indeed been recommended to apply to the Attorney General with an assurance from Mr. Bethune and others that their Houses would always be open and desirous to do all in their power to save me from my past good comportment, but alas after 5 Weeks tedious time spent in idleness now compells me to look for subsistence in parting with those things which I had acquired from industry and perseverance, otherwise I must ultimately solicit assistance, this is not all Honor'd Sir, that almost drives me to despair. I did reveal to your good Secretary that I was on the point of changing my situation in Life by uniting into Marriage with a young Lady of religious principles, and whose family is well known in the Town residing in Argyle Street, besides my first being on the point of commencing a Building for this purpose having a great part of the Materials in Hand but alas now all my hopes are frustrated and I know not what to do to get a subsistence though most desirous to do so in that way that may for the time to come prove me an Ornament to Society and to make satisfaction for the offended Laws of my Country - the family of the young person above alluded to are now, or shortly about to return to Europe again and it is their wish the Union between us should take place before they leave the Settlement, but there is a duty incumbent upon me not to enforce this until I am again reinstated in a situation or employment, where I fear not of acquiring those means that may enable us both to live in a reputable manner having religion for our guide - I certainly was offered a situation by Captain Montagu at Macquarie Harbour but it was impossible for me to accept it for several reasons I made known to that Gentleman, and on account of which I thought I could not do less than thank him for his kindness and apologized for not accepting it, this I humbly trust will not cause Your Honor to conceive any thing amiss of me for I would not upon any consideration cause offence intentionally - I therefore most humbly lay my situation before Your Honor praying your consideration, trusting my past good conduct with the good will of most, if not all of the Gentlemen of the Town may influence you in my behalf and if any situation can be offered me that may afford me the means to look to the Government Interest, and the future welfare of any Objects before alluded to, it will ever be my study to appreciate same by a strict attention to its calls and the good will of my Benefactor.

I beg leave to subscribe myself
Honor'd Sir
Your most profound
and humble Servant
James H Darley. [12]

On 27 December 1824, the marriage took place at St David's in Hobart of James Henry Darley to Mary Ann Wellard, aged eighteen. The ceremony was performed by Rev. William Bedford, and witnessed by Mary Ann's brother Thomas and Sarah Elliott. Two days later, Mary Ann's parents and four of her siblings set sail on the Denmark Hill for England via Rio. The Wellard family, which included six children, were all members of the Wesleyan Methodist Society and arrived as free settlers from Kent, England in 1822. Her father, Emanuel Wellard, a bricklayer, undertook construction of the Melville Street chapel in 1823.

During these early years, the Wesleyan Methodists were establishing Sunday schools in the Hobart Town area. Mr and Mrs Darley were received as trial teachers at the Harrington Street School on 14 June 1825. [13]

Seven years after receiving his sentence, James was duly granted a certificate of freedom on 18 January 1827. [14] Three months later, a notice appeared in the local paper:

TO BE LET, a convenient Brick Cottage, situated in Patrick-street, lately occupied by Mr. H. Darley, containing three good Rooms, with Kitchen, &c. in excellent repair. Also a large Yard and Garden in high cultivation. Possession can be given immediately. For particulars apply to Thomas Atkinson, Campbell-street. [15]

The departure of Mr and Mrs Darley on the Hugh Crawford for England a few days later on 23 March 1827 was also noted in the newspapers. The next news is intriguing and somewhat confusing. No corroborating evidence has yet been found!

SEPTEMBER 1, 1828.

EXTRAORDINARY OCCURRENCE.

By the Hugh Crawford, Captain Langdon, a young man, of respectable appearance named Darley, accompanied by his wife (the daughter of a bricklayer of the name of Wellard, formerly an inhabitant of Hobart Town), proceeded to England. It appears, from a very current report, brought by one of the late arrivals, that shortly after his arrival in England, he deliberately went to his prosecutor, and shot him dead; for which offence he was afterwards tried and executed. The prisoner came to this Colony for seven years, and was employed as an assistant clerk in the Secretary's Office nearly the whole of that period, so much to the satisfaction of the Lieutenant Governor SORELL, that he rewarded him with an emancipation, some time previously to the expiration of his term of transportation. It is said, that Darley was frequently heard to say, if ever he returned to England, he would shoot his prosecutor, who was a relation. His trial is in the Colony. [16]

Darley was certainly not executed, for three years after leaving the colony the press announced the return of Mr and Mrs Darley, along with Mr and Mrs Wellard and three Wellard children. They arrived on the ship Warrior from the Swan River in Western Australia. [17] Presumably they were reunited in England, and whether they all intended to settle in Western Australia is not known. They may have only called there on the return voyage from England, but the local paper carried this interesting item:

The Swan River mania, strange to say, still continued to great extent, although unfavourable reports connected with the new Colony had reached home; but with many the chance was still determined to be thrown, as they considered it, at any rate, the means of removing from the more certain misery that awaited them, in the event of remaining in their native country. Consequently, a still further emigration to Van Diemen's Land from Swan River, may be now expected; and we trust, that the ultimate success of the Emigrants here will compensate them for any disappointments experienced at the first stage of their laudable enterprise. [18]

In August 1835, Darley wrote from 25 Collins Street to Philip Palmer, the Rural Dean, to apply for the position of Government School Master at Glenorchy. [19] His letter was accompanied by references from Joseph T. Gellibrand, for whom he had been a clerk for nearly four years, Josiah Spode, Joseph Hone, John Dunn and Nathaniel Turner, who all declared him to be qualified for the position and an upright, honest and sober citizen. [20] Palmer forwarded the letter to John Montagu, the Colonial Secretary, with his comments.

Rural Deans Office
5 October 1835

Sir,

I have the honor to forward herewith an application from Mr. J. Darley for the situation of Schoolmaster at Glenorchy, and to observe, that, I have seen Mr. and Mrs. Darley, and have examined him in English composition and Arithmetic, and feel satisfied he is qualified to discharge, in a becoming manner, the duties of the office for which he has applied, and from the very satisfactory testimonials annexed, I have much pleasure in recommending to the Lieutenant Governor, that, they may be appointed to the respective situations of Schoolmaster and Mistress at Glenorchy, / [?] Mr. Tonge / with the usual Salaries, to commence upon their providing themselves with suitable accommodation for the School; and to receive, as usual, at the rate of Twenty five Pounds per annum for House Rent.

I have the honor to be
Sir,
Your Obedient Servant
P.Palmer [21]

The application was approved and the Darleys were schoolmaster and schoolmistress at Glenorchy from 1836 until at least 1848, [22] with salaries of £50 and £25 respectively and a total of twenty-seven students in 1837. [23] The school was situated at the corner of Dusty Miller Lane, now Tolosa Street, and Main Road, Glenorchy. [24] James was also postmaster for Glenorchy from 1837 to 1847. [25]

The William Melville sailed from Hobart on 3 July 1849 bound for California, presumably to the gold rush. James was a passenger, but whether he actually went to America is not known-he may well have only travelled as far as Melbourne.

On 23 October 1860, James Henry Darley, born England, schoolmaster, died at HM General Hospital, Hobart, from 'Paralysis' at the age of sixty-five-presumably he suffered a stroke.

DEATHS. DARLEY- On the 23rd instant, Mr. JAMES HENRY DARLEY, late of Bridgewater, aged 65 years. As no circulars will be issued friends are respectfully invited to attend the funeral, which will move from Mr. S. Hughes, O'Briens Bridge, on FRIDAY, the 26th instant, at half-past 2 o'clock. [26]

James' wife, Mary Ann, died in Melbourne on 31 March 1892, aged eighty-four, having survived him for over thirty years. The couple had no children, although they brought up one of Mary's orphaned nephews, Charles Henry Wellard. [27] James must have been held in high esteem as the name Darley continued to be used as a first name among Wellard descendants.