“This man’s story is also a common, but painful one. At fifteen years of age, he was transported for life as an accomplice in an assault and alleged robbery, of which, from circumstances which have since transpired, I have little doubt he was entirely innocent. During a long imprisonment on Horsham jail, he received an initiation in crime, which was finished during the outward voyage. Upon his arrival in New South Wales, he was assigned to a settler in the interior, a notoriously hard and severe man, who gave him but a scanty supply of food and clothing, and whose aim seemed to be to take the utmost out of him at the least possible expense. Driven at length to desperation, he, with three fellow-servants, absconded; and when taken, made a complaint to the magistrate, before whom they were brought almost without clothes. Their statements were found to be literally correct; but for absconding, they were sent to New Castle, one of the penal stations of New South Wales, where Sears remained nearly two years. At the expiration of that time, he was again assigned, but unfortunately to a man, if possible, worse than his former employer, and again absconded. For this offence, he was sent to Moreton Bay, another penal settlement, and endured three years of horrible severity, starvation, and misery of every kind. His temper was by this time much soured; and, roused by the conduct of the overseers, he became brutalized by constant punishment for resisting them. After this, he was sent to Sydney, as one of the crew in the police-boat, of which he was soon made assistant cockswain. For not reporting a theft committed by one of the men under his charge, he was sentenced to a road-party; and attempting to escape from it, he was apprehended, and again ordered to Moreton Bay for four years more. There he was again repeatedly flogged for disobedience and resistance of overseers, as well as attempting to escape; but having most courageously rendered assistance to a vessel wrecked off the harbor, he attracted the attention of the commandant, who afterwards shewed him a little favor. This was the first approach to kindness he had known since when, years before, he had left his home, and had its usual influence. He was never again in a scrape there. His good-conduct induced the commandant to recommend him for a mitigation of sentence, which he received, and he was again employed in the police-boat. The free cockswain of the boat was, however, a drunkard, and intrusted much to Sears. Oftentimes he roused the men by his violence, but Sears contrived to subdue his passion. At length, one night, returning to the hut, drunk, the man struck at one of the crew with his cutlass, and the rest resisted and disarmed him. But the morning came; the case was heard; their story was disbelieved; and upon the charge and evidence of the aggressor, they were sent to an ironed gang, to work on the public roads. When Sears again became eligible for assignment, a person whom he had known in Sydney applied for him. The man must be removed within a fixed period after the authority is given. In this case, application was made a day beyond the prescribed time, and churlishly refused. The disappointment roused a spirit so untutored as his, and once again he absconded; was of course apprehended, tried, and being found with a man who had committed a robbery, and had a musket in his possession, was sent to Norfolk Island for life. This sentence has, however, for meritorious conduct, been reduced to fourteen years; and his ready assistance during a fire which recently broke out in the military garrison here, might possibly have helped to obtain a still further reduction. He never, during those abscondings, was absent for any long period, and never committed any act of violence. His constant attempt seems to have been to reach Sydney, in order to effect his escape from the scene of so much misery.
“For some time past, I have noticed his quiet and orderly conduct, and was really sorry when I found him concerned in this unhappy affair. His desire for freedom was, however, most ardent, and a chance of obtaining it was almost irresistible. He has since told me that a few words kindly spoken to himself and others by Captain Maconochie when they landed, sounded so pleasantly to him—such are his own words—that he determined from that moment he would endeavor to do well. He assures me that he was perfectly unconscious of a design to take the brig, until awakened from his sleep a few minutes before the attack commenced; that he then remonstrated with the men; but finding it useless, he considered it a point of honor not to fail them. His anxiety for instruction is intense; he listens like a child; and his gratitude is most touching. He, together with Jones, Woolfe, and Barry, were chosen by the commandant as a police-boat’s crew; and had, up to this period, acted with great steadiness and fidelity in the discharge of the duties required from them. Nor do I think they would even now, tempting as the occasion was, have thought of seizing it, had it not been currently reported that they were shortly to be placed under a system of severity such as they had already suffered so much from.
“Woolfe’s story of himself is most affecting. He entered upon evil courses when very young; was concerned in burglaries when only eleven years of age. Yet this was from no natural love of crime. Enticed from his home by boys older than himself, he soon wearied of the life he led, and longed to return to his home and his kind mother. Oftentimes he lingered near the street she lived in. Once he had been very unhappy, for he had seen his brother and sister that day pass near him, and it had rekindled all his love for them. They appeared happy in their innocence; he was miserable in his crime. He now determined to go home and pray to be forgiven. The evening was dark and wet, and as he entered the court in which his friends lived, his heart failed him, and he turned back; but, unable to resist the impulse, he again returned, and stole under the window of the room. A rent in the narrow curtain enabled him to see within. His mother sat by the fire, and her countenance was so sad, that he was sure she thought of him; but the room looked so comfortable, and the whole scene was so unlike the place in which he had lately lived, that he could no longer hesitate. He approached the door; the latch was almost in his hand, when shame and fear, and a thousand other vile and foolish notions, held him back; and the boy who in another moment might have been happy—was lost. He turned away, and I believe he has never seen them since. Going on in crime, he in due course of time was transported for robbery. His term of seven years expired in Van Diemen’s Land. Released from forced servitude, he went a whaling-voyage, and was free nearly two years. Unhappily, he was then charged with aiding in a robbery, and again received a sentence of transportation. He was sent to Port Arthur, there employed as one of the boat’s crew, and crossing the bay one day with a commissariat-officer, the boat was capsized by a sudden squall. In attempting to save the life of the officer, he was seized by his dying grasp, and almost perished with him; but extricating himself, he swam back to the boat. Seeing the drowning man exhausted, and sinking, he dashed forward again, diving after him, and happily succeeded in saving his life. For this honorable act, he would have received a remission of sentence; but ere it could arrive, he and five others made their escape. He had engaged with these men in the plan to seize the boat, and although sure of the success of the application in his favor, he could not now draw back. The result I have already shewn. There were two more men concerned in the mutiny, who, with those I have mentioned, and those killed on board the brig, made up the number of the boat’s crew. But neither of these men came under my charge, being both Roman Catholics.
“At length the brig, which had been despatched with an account of the affair, returned, and brought the decision of the governor of New South Wales. He had found it extremely difficult, almost impossible, to obtain fitting members for the commission, who would be willing to accept the terms proposed by the government, or trust themselves in this dreadful place, and therefore he had determined that the prisoners should be sent up for trial. The men were sadly disappointed at this arrangement. They wished much to end their days here, and they dreaded both the voyage and the distracting effect of new scenes. They cling, too, with grateful attachment to the commandant’s family, and the persons who, during their long imprisonment, had taken so strong an interest in their welfare. I determined to accompany them, and watch for their perseverance in well-doing, that I might counsel and strengthen them under the fearful ordeal I could not doubt they would have to pass.
“The same steady consistency marked the conduct of these men to the moment of their embarkation. There was a total absence of all excitement; one deep, serious feeling seemed to possess them, and its solemnity was communicated to all of us. They spoke and acted as men standing on the confines of the unseen world, and who not only thought of its wonders, but, better still, seemed to have caught something of its spirit and purity.
“November.—The voyage up was a weary, and, to the prisoners, a very trying one. In a prison on the lower deck of a brig of one hundred and eighty-two tons, fifty-two men were confined. The place itself was about twenty feet square, of course, low, and badly ventilated. The men were all ironed, and fastened to a heavy chain rove through iron rings let into the deck, so that they were unable, for any purpose, to move from the spot they occupied; scarcely, indeed, to lie down. The weather was also unfavorable. The vessel tossed and pitched most fearfully during a succession of violent squalls, accompanied by thunder and lightning. I cannot describe the wretchedness of these unhappy convicts; sick, and surrounded by filth, they were huddled together in the most disgusting manner. The heat was at times unbearable. There were men of sixty—quiet and inoffensive old men—placed with others who were as accomplished villains as the world could produce. These were either proceeding to Sydney, their sentences on the island having expired, or as witnesses in another case (a bold and wicked murder) sent there also for trial. The sailors on board the brig were for the most part the cowardly fellows who had so disgracefully allowed the brig to be taken from them; and they, as well as the soldiers on guard (some of them formed a part of the former one), had no very kindly feeling towards the mutineers. It may be imagined, therefore, that such feelings occasioned no alleviation of their condition. In truth, although there was no actual cruelty exhibited, they suffered many oppressive annoyances; yet I never saw more patient endurance. It was hard to bear, but their better principles prevailed. Upon the arrival of the vessel in Sydney, we learned that the case had excited an unusual interest. Crowds assembled to catch a glimpse of the men as they landed; and while some applauded their daring, the great majority very loudly expressed their horror at the crime of which they stood accused.
“I do not think it necessary to describe the trial, which took place in a few days after landing. All were arraigned except Barry. The prisoners’ counsel addressed the jurors with powerful eloquence; but it was in vain: the crime was substantiated; and the jury returned a verdict of guilty against all of the prisoners, recommending Woolfe to mercy.
“During the whole trial, the prisoners' conduct was admirable; so much so, indeed, as to excite the astonishment of the immense crowd collected by curiosity to see men who had made so mad an attempt for liberty. They scarcely spoke, except once to request that the wounded man, who yet suffered much pain, might be allowed to sit down. Judgment was deferred until the following day. When they were then placed at the bar, the judge, in the usual manner, asked whether they had any reason to urge why sentence should not be pronounced upon them. It was a moment of deep solemnity; every breath was held; and the eyes of the whole court were directed towards the dock. Jones spoke in a deep, clear voice, and in a deliberate harangue pointed out some defects in the evidence, though without the slightest hope, he said, of mitigating the sentence now to be pronounced on himself and fellows. Three of the others also spoke. Whelan said, 'that he was not one of the men properly belonging to the boat’s crew, but had been called upon to fill the place of another man, and had no knowledge of any intention to take the vessel, and the part he took on board was forced upon him. He was compelled to act as he had done; he had used no violence, nor was he in any way a participator in any that had been committed.' At the conclusion of the address to them, Jones, amidst the deep silence of the court, pronounced a most emphatic prayer for mercy on his own soul, and those of his fellow-prisoners, for the judge and jury, and finally for the witnesses. Sentence of death was then solemnly pronounced upon them all; but the judge informed Woolfe that he might hold out to him expectations that his life would be spared. They were then removed from the bar, and sent back to the condemned cells.
“I cannot say how much I dreaded my interview with them that day; for although I had all along endeavored to prepare their minds for the worst result, and they had themselves never for a moment appeared to expect any other than this, I feared that the realization of their sad expectation would break them down. Hitherto, there might have been some secret hope sustaining them. The convulsive clinging to life, so common to all of us, would now, perhaps, be more palpably exhibited.
“Entering their cells, I found them, as I feared, stunned by the blow which had now fallen on them, and almost overpowered by mental and bodily exhaustion. A few remarks about the trial were at length made by them; and from that moment I never heard them refer to it again. There was no bitterness of spirit against the witnesses, no expression of hostility towards the soldiers, no equivocation in any explanation they gave. They solemnly denied many of the statements made against them; but, nevertheless, the broad fact remained, that they were guilty of an attempt to violently seize the vessel, and it was useless debating on minor considerations.