Margaret Ross

218

Dianne Jones on 10th April 2021

CHILDREN: 1841, 28 August: Elizabeth Deakin, daughter of Margaret Ross Deakin and John Deakin, was born at Hobart. Her father was a bootmaker and a "Constable at Austen's Ferry". Her first name was added to the record after the registration of her birth. She was baptised by Rev C Jimson (see https://stors.tas.gov.au/RGD33-1-1-p302j2k). 1844, 24 March: Margaret Deacon, daughter of Margaret Ross Deacon and John Deacon, was born at Richmond. Her father was a bootmaker at Beach Bay. Her first name was added to the record after the registration of her birth. She was baptised at Glenorchy on 28 July 1844. Note: Could not find any record of a third child as mentioned in the newspaper report of their father's death.

218

Dianne Jones on 10th April 2021

1845, 10 April: INQUEST -- “JUSTIFIABLE HOMICIDE”... This report was published in the Colonial Times on 12 April, 1845, p2: “CORONER’S INQUEST. CAUTION TO BURGLARS. - A MAN SHOT! On Thursday last, an Inquest was held… to enquire into the cause of the death of a man, named John Dakin, who was shot on Tuesday night by Mr. Livingstone, Mr. Tennent’s clerk, while committing a burglary in the Stores of that gentleman, on the Old Wharf… The Jury, having been sworn, proceeded to the Colonial Hospital to view the body of the deceased, where they saw a powerfully-made man lying dead, from a gun-shot wound in the right armpit: they then, at the suggestion of the Coroner, repaired to Mr. Tennent’s Stores, to inspect the premises, where every facility was afforded by that gentleman and his employees, in explanation of the manner in which the fatal occurrence took place: after a minute inspection, they returned to the Inquest Room, where the following evidence was taken, which will afford the full particulars of the case. John Wooledge, a boatman, belonging to the craft “Eliza”, stated, that he knew the deceased, John (Jonathan) Dakin; he last saw him alive on Tuesday evening, about seven o’clock, when he left the New Wharf in his own boat, the “Isabella”, accompanied by an old man; that man witness had yesterday seen in the Gaol; he was commonly called “Old Billy, the Carpenter”, but he was pointed out to witness as William Grant: the deceased and Grant left the Wharf together, but witness did not know which way they went: they did not tell witness where they were going. John Quinn, a servant of Mr. Tennent, worked in the stores: on Tuesday, 17 bags of wheat were placed by the hay in the Old Store, and close by the window; the outer door of the store was shut, but, neither locked nor, bolted, when witness left on Tuesday evening about 5 o’clock - at that time the stable window was open, and witness did not shut it: he left the storeman (Byrne) in the store. When witness came back the next morning at 8 o’clock, he found 11 bags of wheat removed, close by the stable window; that was not a usual place to put wheat, and witness had never before seen any there: the window looked out upon the water, from which it was distant about six yards, By a Juror (Mr. Watkins) - It was the duty of the storeman to see the doors and windows fastened. John Byrne, storeman to Mr. Tennent, left the stores about half-past 5, on Tuesday afternoon; he bolted the stable window before he left, and locked the outer door, giving the key to Mr. Livingstone; he left everything properly and safely secured. Constable Thomas Grant, was on duty at the Old Wharf on the night in question: about half past nine o’clock, being opposite the Shades Tavern, he heard a report of firearms, and cries for assistance; running to the spot, he found Mr. Livingstone, with a pistol in his hand: Mr. L. pointed to the water-side, and said,- “See, there he goes!” This man, witness apprehended; he was William Grant, now in gaol: witness saw a boat put off from close to the window of Mr. Tennent’s store; the window was open; after witness had secured Grant, Mr. Livingstone told him, that he (Mr. L.) had shot the man who put off in the boat, when witness called out for the Guard-boat, and it came up directly; some one on shore now said, that the boat had gone towards the battery, and the Guard boat pulled in that direction; about five minutes after witness heard groans proceeding from a small cutter fifty or sixty yards from the shore; witness called for another boat, which was promptly brought by Mr. Joseph Beaumont, who went to the cutter, and brought the deceased on shore; he was then alive, and bleeding a little from under the right arm; he did not speak any distinct words; Dr. Crook was sent for, and on his arrival, in about ten minutes, he pronounced the man to be dying. The witness went on to state, that having taken Grant to the watch house, he returned and examined Mr. Tennent’s stores, when he found that one of the boards had been removed on the outside, so as to enable a person to push back the bolt of the window, which was a wooden one; he also described the position of the eleven bags of wheat, which had been removed, and stated further, that he went with constable Fradella on board the cutter, and saw marks of blood on its side, and on a bed in the forecastle. Mr. Brookes, coxswain of the Guard-boat, corroborated the evidence of constable Grant… he also stated, that he had heard the report, and seen the flash of a gun or pistol, followed by loud cries of “robberies!” On his return from a fruitless pursuit towards the Battery, Mr. Brookes found Mr. Joseph Beaumont and another person taking John Dakin out of the “Isabella” cutter… it did not exceed, at the utmost, forty minutes since witness saw the flash, and the man died. Mr. Joseph Thomas Beaumont, of the Old Wharf, stated, that hearing cries for assistance… [he] called for the Guard boat, and went to the cutter, where he heard a man calling for mercy… On going to the “Isabella” witness found the deceased on board; he was standing with his back against the gunwale; he asked witness what he wanted there and said, “It’s all right.” Witness said, “You are the man I want,” and caught hold of his right arm, when he groaned. Mr. Beaumont here explained, that, ordering the man into his boat, he found he could not move without assistance; he was accordingly assisted. Mr. Beaumont also stated, that ... the deceased, although in a dying state, endeavoured to ‘bounce’ Mr. Beaumont that he was not the man engaged in the concern; witness took him on shore, where he shortly afterwards expired. ... Dr. Crook proved Dakin’s death to have been caused by a gun-shot wound, which penetrated the upper portions of the right and left lobes of the lungs, passing behind the large blood-vessels and the windpipe; the ball, having thus traversed the posterior part of the chest, lodged against the third rib on the left side: such a wound was necessarily mortal. Dr. Crook produced the bullet, which he found in the chest of the deceased; it was a leaden bullet, not so large as an ordinary marble. By a Juror-Mr. Lewis: The impression upon witness’s mind was that the shot must have been fired at not less than two yards’ distance, as the clothes of the deceased were not stained or scorched by the powder. In answer to a question from the Coroner, Dr. Crook replied, that he should consider the deceased to have been about forty years of age. He held a Ticket-of-Leave. Dr. Crook also produced Is. 4d. in money, and a market ticket, which had been found on the person of the deceased. Mr. Livingstone was here called upon by the Coroner…[and] proceeded as follows: I am clerk to Mr. Tennent at the Old Wharf; on Tuesday night, at rather more than half past nine o’clock, I came to the store for the purpose of sleeping, as usual; before I went into the store, I walked round, as was my usual custom, to see that the premises were all safe. Upon going round the side of the front store, I observed the stable window open; about five o’clock that window was shut, before I went away; I had a pistol in my hand on half-cock; I cocked it, and went up to the window; I stood for a few minutes and listened, but heard nothing; I then put the hammer down upon the nipple, feeling convinced that the robbers had gone ; I then shut the window and proceeded to Mr. Harper’s and knocked at the door; having done so, I heard the window of the stable creak; I rushed up, presented my pistol and cried-out, “I’ll shoot you, if you stir!” A man then made his appearance at the stable window from the inside, uttered some shouts of defiance, and jumped out. I retreated a few steps, and feeling he was going to rush me, I snapped my pistol at him, and at the same time observed the head of another [with] something like a handkerchief round his head; I now retreated still further, and cocked my pistol again; the man who first made his appearance still advanced, and made a stumble, upon which I fired at him; having no other pistol, I ran on the wharf and cried for assistance, when constable Grant came to me; the pistol was loaded with powder and ball; I saw that some bags of wheat had been removed. By a Juror - Mr. Lewis: I called for no assistance till I shot the man; I am aware that there is a constable on the wharf, but he is not always at hand. By the Coroner - A very short time elapsed after I first saw the man at the window, and his being shot - not more than a minute or two. By a Juror - Mr. Watkins: I passed a constable at the Treasury, but no nearer. I saw no other person till I saw the man at the stable window. By Mr. Winter. - Mr. Tennent’s stores have been robbed before; once on Christmas day, and on last Friday week; I never slept without my pistols at my head; I always carried a pistol about me, as I was fearful the keys of the stores might be demanded of me. By the Foreman. - I was certainly in fear of the man as he advanced and considerably excited; had I seen the man’s face, I do not think I should have fired, but ran away, as I have since found he had been an old servant of my father for two years and a half; he must have known that I was at the stores, and knowing this, he would have supposed that I knew him, and probably have killed me, to prevent detection. By the Coroner. - The deceased was about two yards from the water’s edge when I fired. The evidence being exhausted, the Coroner briefly addressed the jury, explaining to them the law of the case. Here it was clear that a burglary had been committed, and every person was perfectly justified in protecting his master’s property, and in using every effort to capture the offender. From the evidence that had been adduced, he considered that the jury could come to no other conclusion but that Mr. Livingstone was perfectly justified in shooting the deceased. The jury therefore immediately returned a verdict of “Justifiable Homicide.”

218

Dianne Jones on 10th April 2021

1845, 8 April: DEATH OF HER HUSBAND JOHN DAKIN This report appeared in the Hobart Courier, 10 April 1845, p2: “A BURGLAR KILLED.- A most daring attempt at wholesale robbery at the stores of Mr. Tennent, of the Old Wharf, has been luckily defeated. Mr. Livingstone, who sleeps at the store, going his usual rounds about half-past nine o’clock on Tuesday night, to see that all was secure, observed that the stable window was open; he instantly went up to it and listened, but hearing nothing he concluded the robbers had gone. He then went next door to Harper’s store and knocked for assistance; as he was thus employed he heard the window creak; he went towards it armed with a pistol, and called out- ‘I’ll shoot you if you stir’; a fellow then jumped out of the window and advanced towards Mr. Livingstone, who snapped his pistol at him without effect. The man continued to advance upon Mr. Livingstone, who drew back, and, cocking his pistol again, fired at the man. Upon firing his pistol, Mr. Livingstone ran out into the street, calling for assistance, and a constable promptly answered. A second man had by this time jumped out at the window, and made for a boat alongside Mr. Harper’s Wharf, but being prevented by Mr. Livingstone and the constable, was chased round into Mr. Tennent’s yard, and captured. The other man got into a dingy, and from thence into the cutter boat alongside Mr. Harper’s Wharf. The guard boat hearing the noise approached, but was sent on a wild-goose chase by the man in the boat, calling out ‘they have gone towards Battery Point’, whither the guard boat proceeded. Upon going to the boat after the capture of the second thief, the man was found to be dead. His name is Jonathan Dakin; he was known to be a bad character; and has left a wife and three children. William Grant is the name of the robber captured alive. He was only acquitted in January last on a charge of stealing fowls. Both villains came from the Old Beach. Dakin was formerly a servant of Mr. Livingstone’s father. This makes the third attempt at robbing the stores of Mr. Tennent, and the result, it is to be hoped, will prove a warning to such rogues in ‘grain’.” (see https://trove.nla.gov.au/)

218

Dianne Jones on 10th April 2021

1836, 3 September: Margaret Ross was convicted at the Stirling Circuit Court for perjury. Court records give her details as: Margaret Ross, Age: 26, servant, Address: Graham's Buildings, George Street, Glasgow, Origin: Born in Tain (see National Records of Scotland, Reference AD14/36/122). 1838: On arrival in VDL, she was 27 years old and single. She had no previous criminal record. 1839, 15 November: MARRIAGE - Margaret Ross, 28, married John Dakin, 31, a convict per KS Forbes (1832), at St David’s Church, Hobart Town. Witnesses were Henry Carpenter and William Holdship (see https://stors.tas.gov.au/RGD37-1-1p150j2k). 1841, 5 January: Margaret Ross was granted a Ticket of Leave. 1843, 3 September: She was free by servitude (see https://stors.tas.gov.au/CON40-1-8$init=CON40-1-8p191).

218

Dianne Jones on 10th April 2021

OCCUPATION: Housemaid and plain cook (see https://stors.tas.gov.au/CON19-1-12$init=CON19-1-12p240).