The Sloan Family in Western Australia has a long and somewhat colourful history, and there has been a number of attempts to document a full account of the early events in the colony. The first Sloan recorded in WA was Daniel Sloan, my Great Great Grandfather who was variously described as an American whaler arriving some time in the 1840’s, less than fifteen years after the establishment of the colony in 1829, and that he disappeared in the 1860’s back to America.

Family history records that Daniel Sloan disappeared sometime in 1860 (Russell, 1979) however after considerable research it is now conclusively proven that Daniel Sloan certainly did disappear after 19th March 1861, however this is after being interred in Fremantle gaol in 1860 as a result of a conviction for “stealing as a servant.” This is contrary to family myth (Sloan T. , 1975) that he returned to America abandoning his remaining family.

Daniel Sloan’s disappearance on his release from Fremantle gaol is subject to much conjecture as there is apparently no known record of either his death in the colony, or his departure on a ship leaving the colony for many years later.

I was amazed one day while researching prison records at the Battye library to come across the written statements of evidence by the plaintiff in the case of the Regina (Crown) versus Daniel Sloan, my GG Grandfather. The words literally leapt of the page and forever sunk the family myth of a noble departure of Daniel from the colony to reap glory in the American civil war as previously thought. (Sloan T. , 1975) (Russell, 1979)

What these manuscripts contained was a detailed account of some of the events in the shore based whaling industry, but many of the whaling terms used meant little to the casual reader.

To understand the evidence surrounding the life style and eventual conviction of Daniel Sloan it is necessary to understand the conditions in Western Australia at the time and how the shore based whaling industry was operated.

Martin Gibbs (Gibbs, 1995) and a number of other authors have done an excellent research on this topic. This research makes interesting reading on how the shore based whaling worked, and what were the problems, economics, including catching techniques, and it is necessary to understand the industry at the time to appreciate the evidence given in the courts.

Gibbs gives a good insight into how the industry was organised and operated and much of the background information in this paper is based upon his research.

Armed with this information and other records held by the Battye library and the State Records Office, plus information gleaned from local newspapers of the day, notably “The Inquirer and Commercial News” it is possible to reconstruct a detailed account of a significant portion of Daniel Sloan’s life.

It is a story that raises many more questions than answers, and contains elements of tragedy, hardship, greed, malice, and possibly injustice, and is a fascinating insight into the working of the colony from 1840’s to the 1860’s.

As I researched the events surrounding the conviction and imprisonment of my ancestor the more it became obvious to me the rough justice of the day. There are inconsistencies in the evidence, and certainly issues in relation to the interpretation of the statutes. Whether these were deliberate is open to suggestion given the relationships between the key protagonists evident from the written record.

Along the way a number of “interesting” colonial characters are uncovered, and it is hoped that this essay gives a graphic and moving account of the social history of the early years of the colony, as well as a comprehensive personal record of the early years in the colony.

Arriving in the Colony

How Daniel Sloan arrived in the colony is a mystery. Official records of the time show all entries and departures from the colony of all passengers and crews of ships arriving and departing at the “official” ports. There is no official record of Daniel arriving in the Colony by official channels, and as shipping was the only way into the Colony and between the settlements scattered around the coast in the early years, it must be assumed that Daniel arrived from a foreign vessel that did not officially call at an established port with intending immigrants.

Given that there is an undoubted record of a Daniel Sloan participating in the Western Australian shore based whaling industry, it is reasonable to assume that he must have entered the colony from a visiting foreign whaling ship.

The American Whaling Connection

American whaling ships began visiting the South and West Coast of Western Australia for some time before the colony at Albany and Fremantle were established. Seven years earlier it is reported that considerable American ship based whaling had occurred.1

Another consequence of the increased American present was the number of skilled whalers appearing in the settlements. Some had left their vessel at the completion of a contract, while others were from wrecked whale ships, or were sick men who had been abandoned to colonial charity.

Many were deserters who were more willing to risk the Australian bush than see out their term. Most of the latter were quickly captured and returned, although some remained at large until their ship departed. These men generally either re-signed on the next ship in port, many of which sought replacement hands, or found their way into the local whaling parties.

Daniel spent at least16 years in the colony with his first official record of him being in the colony in the form of being part of a registered whaling party, it is unlikely that Daniel was a deserter from an American ship.

1 Insert here what is known about the visits of American whaling ships up to 1946 (The first time Daniel is officially recorded in the colony as a headsman.)

During the early years of the local whaling industry, the majority of the men in the colonial crews were local labourers and fishermen caught up in the “great rage for whaling”. Unfortunately, their enthusiasm did not translate into skill, and many of these whaling parties failed consequently.

The need for experienced whalers, particularly given the general labour shortage in the colony, was sufficient for some colonial station owners and managers to overlook the laws against employing deserting sailors. Some even actively attempted to entice whalers away from their ships.

In the 1850’s Whitecar visited several Western Australian whaling parties, stating that the “officers, boat-steerers, and, if they can be procured, 2/3rds of the crew are Americans”. There is supporting evidence that these experienced hands were indeed often given the crucial roles of boat-steerer or harpooner in the colonial crews. (Gibbs, 2000)

Although several whalers settled permanently in the colony, the majority of foreign hands stayed only short periods before re-signing on passing vessels, probably driven away by the lack of out-of-season employment. Some men were even enticed away mid-season by the captains of passing whale ships, with the unexpected loss of key members leaving the colonial whaling party in a precarious position.

In their eagerness to obtain a full crew, American captains were quite happy to take on both free and bonded labourers, including Parkhurst Boys and convicts. A report in 1863 estimated that at least 21 convicts had left on American whale ships during the previous twelve years, while there is also a single account of an escape aboard a French whaler. (Gibbs, 2000)

Was Daniel Sloan an English whaler?

The Western Australian Company, a new concern, advertised in May of 1838, for eight able-bodied men to whom the lay of one-fiftieth would be given and all necessary provisions found. It was to be understood that the company was to proceed to Safety Bay; it was denied that the company had not the means of cutting in and trying out whales and stated that it had means far superior to any whaling establishment hitherto existing in Western Australia and would prove the same to any person who felt willing to apply to the undersigned who were Hunt, Duffield and Davies. (Heppingstone, 1966)

During August (1838) a number of English whalemen arrived at Fremantle in the Shepherd to join those of the Fremantle Company, but this could not be arranged owing to objections raised by the local men. The new hands were placed on the “Lady Stirling” by Messrs. Samson, the managers of the new venture, and despatched to the northward. (Heppingstone, 1966)

What became of these English whalers? Did they return to Fremantle and participate in the fishery after it became almost impossible to obtain other labour. If Daniel was one of these whalers, he would thus have been in the colony several years earlier than previously thought and depending upon which birth date one accepts he would have been either 22 or 18 years of age. This of course would have given him the necessary time to raise through the ranks to become a headsman when he is first officially recorded in the colony, some 8 years later.

The Colonial Shore Based Whaling Industry

Western Australia’s entry into the shore based whaling occurred with the first shore stations opening along the south coast in 1836 and along the west coast in 1837 (Gibbs, 2000).

By the late 1830s, the American whalers could rightly claim that they had a far more intimate knowledge of the Western Australian coastline that did the British authorities or settlers. However, the foreign masters seemed quite willing to share their information of the coast, including locations at which to establish shore-whaling stations.

While willingly accepting this information, colonial whalers were as likely to establish their camps in bays used in the previous season by wintering American whale ships. One clear example is the use of Safety Bay by the Pioneer in 1837, followed by formation of a colonial party there in 1838. The Koombana Bay, Castle Rock, Two People Bay, Cape Riche, Torbay and Cape Arid shore stations

7were also established at well-known haunts of foreign whalers. American vessels would sometimes return to their usual wintering places only to meet with the objections of the local parties upon their arrival. There are cases where the problem was overcome by the American captain forming a partnership with the colonial party. More frequently, real or potential conflicts simply resulted in renewed calls upon the British government to ban foreign fishing within Western Australian waters.

The whaling stations were small and often remote outposts of European settlement, with internal economies and strategies for supplying food, shelter and other needs for the four to six months or more that they were occupied each year.

The least capital intensive method of whaling is a whaling station or fishery established in a bay or inlet, with whaleboats rowing out to intercept the right whales and humpback whales as they passed along the coast during their migrations. The fixed location limited the scope of these operations to coastal areas within easy rowing or sailing distance of the fishery. This was very attractive to the more entrepreneurial settlers who took advantage of equipment from wrecks of the American whaling fleet, and disposal of gear from these ships before they returned to America with their holds full of oil and other whale products.

A slightly more sophisticated version, which extended the range of the shore station, was to use a small vessel of cutter or schooner size as a launching platform for the boats, and to assist in “cuttingin” the whale (Little 1969: 116).

However, most of the infrastructure, in particular the living areas and the main industrial component, remained on land. (Gibbs, 1995)

The establishment of shore stations in Australasia may have come from persons familiar with existing shore-based traditions in Britain, America or elsewhere, although it is just as possible that it occurred through the medium of pelagic whaling, adapting the techniques used aboard ship.

The first recorded shore based establishments were at Fremantle at the Bather’s beach site.

Eleven people met at Pace's Hotel, Fremantle, in February, 1837 and decided to form a company to be called the Fremantle Whaling Company. The members comprised Messrs. Randlett, Habgood, Vincent, Back, Duf-field, Edwards, Okley, Pratt, Dempster, Thomson and Mrs. Pace. The company obtained the lease of that part of the beach directly under the flagstaff on Arthur's Head, and built what was described as a substantial jetty. The Perth Gazette believed that the Governor had allowed prisoners to be employed on this work. Suitable boats and whaling gear had been obtained from the American whaler Cambrian.

On June 22 (1837) the Colonial Secretary wrote to the Secretary of the Fremantle Whaling Company informing him that the Governor had approved of a plan to cut a tunnel under the gaol hill, and to allow prisoners to be used in the execution of the work, provided that proper precautions were taken for their safety. This tunnel greatly facilitated the transfer of oil and other goods to and from the beach to the main street.

The Gazette also reported complaints from the residents of Fremantle on the stench from the tryworks, and from local whalers on the encroachment of foreigners who were taking whales in the bays of the Colony.

Daniel Sloan would have been well familiar with this facility when he worked for the Fremantle Whaling company in 1946, and subsequent years.

Undoubtedly it is in or near these facility that Daniel met his wife, the daughter of Dr Cowcher, who had returned to practise in Fremantle following his ill fated agricultural and ferry pursuits at Guildford, however Dr Cowcher died in 1840, and his future wife would have been a young girl of 8 years of age living in Fremantle when they were constructed.

Aside from the obvious differences in process, the relationship between shore-based and ship-based whaling is obvious from the shared pool of equipment, techniques and terminology.

The Western Australian industry also benefited and sometimes suffered from the steady flow of workers between the two forms of whaling.

Prior to the commencement of the whaling “season”, usually a period of up to five months between June and December when the right and humpback whale migrations passed the Western Australian coast, a suitable site would be selected at which to establish the station or fishery. This would be followed by the construction or refurbishment of industrial facilities and living quarters for the men.

Included in the pre-season preparations would be the repair or maintenance of the whaleboats and the whaling equipment (referred to as “whalecraft)”, as well as the coopering of casks for the oil so that the station could commence operation immediately upon the sighting of the whales.

The hands might also engage in boat races to train them and bring them up to the necessary peak of fitness.2

Catching a Whale

A look-out would be maintained on a nearby headland or vantage point, usually from slightly before the actual commencement of the season, watching for the first signs of the migrating humpback or right whales.

Once the season had started the look-out would signal any sightings by voice or through some other means, at which the men would immediately launch the five to eight man whaleboats, always kept in readiness, and commence the hunt. During the season it was also common for one or more boats to pull out each morning and cruise the adjacent waters in readiness, hoping to gain some advantage in time.

In the settled areas the sighting and taking of a whale always elicited much excitement. Newspaper accounts at the time where detailed and effusive in their reporting of a catch. The Headsman were the heroes of the day, and were well known throughout the colony.

The Gazette recording the taking of a whale near Fremantle on the 16th August 1944 noted:

“This whale "was caught in gallant style and the scene must have been interesting, as the fish was struck near the bar and the whole proceedings were witnessed by a crowd of spectators.

Two boats we understand, were stove in; when a third boat with March as the headsman came up and threw the fatal lance. He has obtained great credit for his manful daring and the judicious use of his weapon of destruction. We cannot too highly commend the perseverance and activity of the men employed in this undertaking."

Daniel Sloan was probably working for the Fremantle Company that year, as in 1946 he was employed as Headsman with the company, and he was probably a participant in this chase.

A body of beliefs surrounded how best to approach the whales. They were considered to have highly sensitive hearing, so that a minimum of noise by voice or oar was allowed. It was also believed that whales were able to see to the rear, and that crossing their wake would alert them to the presence of the boat and they would be “galleyed”.

Whaleboats were generally rowed, although many were later equipped with sails and centre-boards which could reduce noise and effort.

Accounts from other parts of Australasia suggest that the “headsman” would steer the boat until it was within close proximity to the whale. He would then pass the steering oar to the “boat-steerer” and move forward into position at the bow of the boat. The headsman would then “throw” or place the harpoon, normally referred to as an “iron,” when the whale was finally within range.

The whale would be “struck” or “fastened,” with the intention being that the harpoon, embedded in the blubber, would fix a line between the whale and the boat.

Because it was crucial to remain secured to the whale, many variations to the basic harpoon head were designed. By the 1850s explosive or gun-harpoons had also come into common use as the means of launching irons, despite difficulties of use on the small boats.

If struck the whale would normally panic, seeking to flee by swimming away or “sounding” (diving). The whaleboats were usually pulled along in their wake, on what has been referred to as the “Nantucket sleigh ride.” Buckets or wooden boards called “drogues” might be attached to the line to increase the drag and tire the whale sooner. Although several hundred metres of line might be carried by each whaleboat, it was sometimes necessary for a second craft to pull alongside and allow its line to be attached to that of the first.

On occasions the boats would be pulled many miles out to sea, sometimes being forced to cut the line before they were taken too far from the shore to be able to return.

Once exhausted the whale would surface and the line would be used to draw the whaleboat close by. The headsman or another crewman would then use the long killing lance to probe within the whale’s body, hoping to puncture the heart or other vital organs

There are a number of references to whales spouting blood prior to their final demise, which might take several hours or more. At any point during this procedure the line might break, the iron pull from the blubber, or the whale turn and smash the boat and occupants.

Often the second or third “pick-up” boats of the same party would move in with their own harpoons and again attempt to secure the prize.

However, at the same time there was also a series of rules which governed when other whaling parties might take their own opportunity to chase the whale.

After the whale was dead, the rear flukes would be cut off to reduce drag and lines attached from the whale to one or more boats for the long haul home. This could take all day and extend far into the night, with the crew attempting to guide themselves back by means of landmarks or beacons.

Sometimes the whale would be cut free and an attempt made to retrieve it the next day. On other occasions the whale would sink, although after a few days the gases from decomposition would raise it again, as long as sharks, killer whales or other predators had not consumed it.

Processing a whale on shore

The whale carcass would be brought into the shallows, often adjacent to a granite shelf, a jetty or a wooden deck, and fixed in place by ropes or chains.

The whale would then be “cut-in” or “flensed,” with the blubber being virtually peeled from the body in long strips known as “blanket pieces.”

A large “winch” or “capstan” would be used for this process, with the rope sometimes passing over a set of shearlegs to assist in pulling the blubber away from the body.

The blubber would be winched over the granite sheet or wooden deck and up to the tryworks for processing, although it could also be carried in barrows or pallets. Further preparation of the blubber would then take place, included reducing it into approximately 15 inch by four inch “horse pieces,” and then mincing these on a table “horse” into “sliver pieces, bible leaves” or “books.” A mechanical cutter could also be used at this stage.

Pearson (1983: 41) describes the process of extracting the oil from the blubber, known as “trying-out” as follows.

The sliver pieces were thrown into a large iron cauldron called a trypot, set up in a brickwork furnace, and there the blubber was heated and stirred until all the oil had been removed, at which time the solid blubber residue was scooped off and used to feed the furnace fire, while the oil was bailed out, usually into large copper coolers. Once cool the oil could then be “casked up” for storage or shipment to market.

The flensing and trying out processes had their own specialised equipment, including several varieties of sharp knives hafted on poles and known as “spades.”A “Blubber hooks, forks, pikes” and “toggles” were used for holding and moving the blubber. A wide, perforated scoop called a “skimmer,” was used to remove the “scrap,” the solid residue of the blubber, from the “trypot.” The scrap itself was oil rich and by feeding it into the “tryworks” hearth would create a hotter fire. A “bailer” or “dipper” was used to move the oil from the “trypot” to the “cooling tank” and later into the casks. The “tryworks” or furnace were normally situated not far above the high tide mark to reduce the distance which the blubber had to be hauled, and were often roofed over to protect it from rain.

The filled casks would be stored away from the “tryworks”, and in such a way as to prevent shrinkage which would result in loss of oil.

Several other body parts were also utilised. The whale’s tongue could be removed to obtain a lower quality oil, and was estimated to give a volume in the proportion of one in ten relative to the oil from the blubber. In some instances the tongue was not removed, and separate parties of “tonguers” would retrieve this portion, either from the shore station or more usually from carcasses discarded from pelagic vessels washed up on nearby beaches.

The baleen plates of the humpback and right whales, referred to as “whalebone” or simply “bone”, were also cut from the jaws and bundled for export. Prior to the invention of plastics, whalebone had a variety of uses in the manufacture of women’s apparel, furniture and a diversity of other items including brushes, springs and umbrella ribs (Cousteau and Paccalet 1986).

In the rare instances where sperm whales were taken the fine oil from the “case”, a cavity in the skull, would also be bailed out and the teeth removed from the jaw and saved. More rarely the sperm whale would yield the highly valuable “ambergris,” produced as a reaction to solids (mostly squid beaks) catching in its bowels, and used as a fixative in high quality perfumes.

During the 19th century no other part of the whale was used, and the remains of the carcass would be discarded.

Ship-based bay and pelagic whalers followed an almost identical process, modified so that it could be completely carried out aboard ship, but sharing a common pool of equipment, techniques and terminology.

A look-out was kept from atop the mast, and the boats dropped from their davits upon a whale being sighted. The whale would be cut-in from temporary platforms constructed over the side of the ship, and the blanket sheets of blubber then brought aboard for processing.

A brick tryworks would be constructed on deck, with various precautions taken to prevent the possibility of fire spreading. The oil would then be put in barrels and stored in the hold for return to America, France or England.

A final area common too all forms of whaling was the method of payment for workers, usually referred to as a “lay.” this was a fixed percentage share of the total catch value, determined at the commencement of the season or the cruise, and based upon the individual’s experience and position in the whaling party or crew. Payment therefore depended directly upon the success of whaling party.

Daniel’s First Years in the Colony (1845-1853)

Any story of our Sloan family in WA can only start from the arrival of Daniel Sloan in Freemantle early in the 18440’s, on an American Whaler. (Sloan C. , 2006). All we know of him before he arrived here was he was born in 1815 in County Cork, Northern Ireland; was a Protestant, literate, very able bodied and a highly qualified Mariner with a lot of experience in a very tough occupation of whaling.

We know he then became a ferryman or water taxi; transporting people on the river as there were no roads there yet. (Ericksson, 1988)

There is debate about the date of Daniel’s birth with his marriage certificate showing he was twenty six years of age at the time of his marriage, which would of course mean that he was born in 1820.

Either he lied at his marriage, possibly because of the age difference to his bride who was only eighteen (he would have been 30 if he was born in 1816), or Ericksonn has a different source of reference.

On the 27th October 1847 Daniel and a George Hodges offered in an advertisement in the “Inquirer” to pull a whaleboat against any party in Perth for the sum of £20. Apparently nobody was game enough to take them on.

Daniel and George must have been friends and work colleagues over a considerable period of time, as George and his wife, Mary Withnall were the witnesses to the marriage of Daniel and Eliza in the Registry Office in Fremantle in 1847.

George and Mary were also married earlier that same year. (Erickson, 19888)

Sloan’s marriage certificate is signed with an “X” by Mary Withnall indicating she may have been illiterate. Her father is also known too be illiterate. (Erickson, 19988)

Marriage

His future wife Eliza Anne Cowcher the 2nd daughter of eight children of the first Doctor in the Colony had arrived on the 6tth July 1830 on the “Medinna” at the age off three years with her family. They settled in Guildford as there was insufficient work for a doctor in Fremantle

Dr Cowcher applied for and was granted a ferry licence at Guildford in 1831.By the middle of 1831 his capital and food supply were exhausted and they were in such a desperate plight he had to request help from the Colonial Secretary but then had to borrow flour as they had been without for a week and the captain would not release the supplies sent till the cartage of 15/-shillings was paid. He returned sometime after 1833 to practice in Fremantle & died there on 17th May 1840 aged 40. His wife lived on for a further 36 years and died in 1876 at 89. (Sloan C. , 2006)

Daniel married Eliza on the 26th May 1846.

There first son James Daniel was born on 22nd March 1847 a very respectable ten months later.

Their first daughter Eliza Francis was born on the 14^th February1849.

The Rottnest Incident

On the 10^th July 1849 Daniel was one of the men in charge of some kind of rescue mission to Rottenest in a whaleboat in bad weather. (Sloan C. , 2006)

See transcripts of statements

Brushes with the Law

Much of Daniel’s life revolved around the law, and certainly it had a dramatic and catastrophic outcome for him in the later part of his known life in the colony.

Many of the people that Daniel knew and worked with also had more than passing acquaintance with the justice system, so it is important to understand how the justice system worked in the colony to gain an appreciation of the possible motives and outcomes of the key players.

There is certainly plenty of evidence of litigious behaviour from the more wealthy settlers, and they quickly resorted to the justice system to “get their way.”

The presence of convicts in the colony also probably created a distrust of a significant proportion of the population as it was obvious from their mere presence in the colony that they were “not to be trusted” however they had to be tolerated to provide the labour necessary for the more affluent to gain wealth.

This distrust and division in society persisted for several generations and it is only the current generation that can openly and proudly refer to their convict ancestry.

The Court System in the Colony

The City of Fremantle has played an important role in the history of Western Australia's courts. In fact the colony's first murder conviction was handed down in Fremantle's first courthouse, then located at Arthur's Head (at the western end of High Street).

The small courthouse building, constructed of limestone and with magnificent ocean views, was located adjacent to the left of Fremantle's distinctive landmark, the Round House (built by the colony's first civil engineer Henry Reveley in 1831).

The Henderson Street courthouse and police station were originally a number of buildings designed by Captain E. Y. L. Henderson and built by convict labour in 1850 under the direction of J. Manning (Clerk of Works) to house military guards, Sapper Instructors (Royal Engineers) and prison warders.

This is probably the courthouse that the David Sloan, David and or “D” Sloan was convicted for drunkenness on 3 occasions in the 1850's. Whatever Sloan it was they may have spent time in the Round House and certainly the courthouse that Sloan was convicted for “Stealing as a Servant in 1860 is the Henderson Street courthouse.

The original courthouse served the colony until the mid 1880s when it was demolished and replaced by the building at the corner of Marine Terrace and Mouat Street, known locally as the "old courthouse." J.J. Harwood and Sons built this classic-style building which was designed by Captain R. E. Wray in 1884.

An examination of the prison records indicated that the Sloan convicted three times for drunkenness may not necessarily have been Daniel Sloan, rather it being David Sloan. In two of the offences in the court records, the defendant is recorded as D Sloan, and one as David Sloan, none as Daniel Sloan.

Daniel Sloan was in the colony as a young man for approx five years before the date of the first offence, (which was also after he was married), and the offences suddenly stop in 1853.

Daniel continued to remain in the Fremantle spending time at remote whaling station during the whaling seasons until his imprisonment in late 1860. There are no further occurrences of drunken behaviour with the exception of Wilson’s evidence that Sloan was drunk at Champion Bay on the way back from Port Gregory at the close of the 1860 whaling season at Port Gregory.

http://www.justice.wa.gov.au/portal/server.pt/gateway/PTARGS_0_2_323_201_0_43/http%3B/justicec ontent.extranet.justice.wa.gov.au/F/fremantlecourthouse.aspx?uid=7361-6174-5858-5306

Given that there is a consistent pattern to the offences and the fines are the same I believe there is considerable doubt that Daniel Sloan committed these offences, although there is no definitive record of a David Sloan or any other “D” Sloan being recorded in the colony?

The Shore Based Whaling Industry around Fremantle

1937

In “An Account of the Cowcher Family,” John Hyde, the husband of Sarah Francis Junior Cowcher (elder sister of Daniel’s wife) is killed in a whaling accident at Carnac Island:

On July 4th he and his brother William with four other young men of the Carnac whaling company were tragically drowned at the Stragglers (Port Gregory, 1837)

The “Settler,” their small craft, had broken from her moorings at Carnac Island. The six young men, all experienced boatmen ran down the hill in the highest of spirits and set off to recover their drifting ship. A sudden squall (certainly not unknown in July when cold fronts frequently cross the coast) which came up must have overturned their whale boat which was recovered two days later on the beach somewhat north of Fremantle; the men were never seen again. The “Settler” ran aground north of Fremantle.

Daniel would have known of this tragedy in the whaling industry as he married Sarah’s younger sister, and no doubt was factor in his decision to return to Fremantle in the harbourmaster’s whale boat some 13 years later due to uncertain weather.4

1838

1839

1840

1841

1842

1843

1844

There was greater activity in 1844. At Fremantle the Fremantle Company was again in business. The Gazette reported on 18th May 1844, that Anthony Curtis of Fremantle "has launched his boats this week to enter upon the prosecution of his enterprise for the season. Two of his boats are of Colonial construction and are spoken of in the most favourable terms". It is probable that these boats were built by Thomas Mews, some of whose descendants are still boat builders on the Swan. (D.Heppingstone, 1933)

Another whale was caught at Fremantle on August 16th 1844. According to the Gazette, this whale was:

“Caught in gallant style and the scene must have been interesting, as the fish was struck near the bar and the whole proceedings were witnessed by a crowd of spectators. Two boats, we understand, were stove in; when a third boat with March as the headsman came up and threw the fatal lance. He has obtained great credit for his manful daring and the judicious use of his weapon of destruction. We cannot too highly commend the perseverance and activity of the men employed in this undertaking."

1845

This season was notable for some industrial trouble at Fremantle, where two men belonging to Scott's party were gaoled for three months with hard labour for refusing to go into the boats, complaining that they had not had sufficient meat for breakfast. One of Curtis' party was also gaoled for refusing duty. The Inquirer remarked on the events on 3rd September 1845:

"We rejoice that the Bench acted in these cases with such promptness and learn with satisfaction that a lecture was read to the men who attended as witnesses and who were warned of the folly of supposing that any person can with impunity break their engagement or fancy that 5 Ibs. of solid food will not be counted a sufficiency for the daily support of whalers by any bench of magistrates."

This is probably the year Daniel Sloan arrived in the colony. He may have arrived under the name of Henry Sloan.

1846

1846 was a year of great activity, as there were whaling parties at Torbay (Morton's), Cheyne's Beach (Cheyne's) and at Cape Naturaliste, as well as at Bunbury and Fremantle. Curtis, operating from Fremantle, had caught three whales by August 8th and one had been taken at Leschenault. At Torbay five humpbacks yielded fifteen tuns of oil and at Cheyne's eight whales yielded seventeen tuns. By October 2nd, this party had secured fifty-five tuns and at Torbay Morion's party had captured a fine sperm whale.

These successes inspired the Gazette to make the following remarkable pronouncement: "The whaling ground is our mainstay after all and we state with great satisfaction this season will afford another and a most triumphant proof of the extent of Bay Whaling activities. Our wool we can. afford to overlook for the present. Our number of whalers are so few that they cannot muster hands sufficient to encounter the number of whales which invite to the contest."

John Bateman was another leading settler who was associated with the whaling industry for thirty years, first as headsman and later as master whaler. The Inquirer records his early participation in the business (9th August 1846):

"On Thursday morning the 6th instant a whale was seen near the Fish Rocks. Two boats went in chase headed by John Bateman and Henry5 Sloan. The former headsman made fast first and the latter soon after did the same. The whale was very wild having her calf by her side of only a few days old; she fought desperately and having received a deadly lance from John Bateman she astonished him by upsetting him, boat and boat's crew; he had just time to cut his line.

Sloan using his usual generalship allowed his friends to indulge themselves in their cold bath—hung onto the fish going at a furious rate—and after having fastened on his drogue and bucket, for the purpose of impeding the whale's progress, and enable him to again pursue and attack her, he returned and picked up his friends (more in sorrow than in anger) and with his boat filled with the two crews made chase and soon got hold of his line again. He was then joined by the chief headsman G. Hodges, and in a few minutes after the fish was killed.

The calf after the death of the mother succeeded in injuring two boats. In three hours from the time when first fastened to, she was safely moored off the Fremantle Whale Company jetty and has yielded 8 tuns of oil. John Bateman's boat was recovered with all her gear save the loss of the boat's bucket. Another whale (humpback) was caught yesterday morning which yielded about four tuns of oil."

Note the use of the forename” Henry.” George Hodges was present at this catch, and it is almost certain that Daniel was in the colony under the name of Henry. The following year George was witness to Daniel Sloan’s marriage.

1847

The redoubtable John Bateman was a figure in another exciting incident at Fremantle during 1847, which the Inquirer reported on August 4th:

"On Wednesday last the crew of the Messrs. Bateman and Scott's boat, while pulling about in hopes of seeing a whale discovered a young calf about an hour or two old, and shortly afterwards the mother herself. John Bateman the headsman, having harpooned the cow, was about to go forward and attend to the line which had become entangled round the calf when the whale struck the boat with her snout and afterwards with her flukes stoving in three planks on the starboard side; she then struck it on the larboard side and turned the boat over; with great difficulty the crew managed to hold on by the keel until the other whale boat, which was at Fremantle when the accident occurred, picked them up. The men were so long in the water that they were becoming exhausted and would have dropped off but for the help and encouragement afforded by John Bateman; one of the men, who was insensible when picked up, he had to hold by the collar of his coat. A small subscription was made at Fremantle to reimburse Bateman in some measure for his loss and to testify the spectators' admiration of his noble conduct. The whale got away, and two harpoons, a quantity of line and a spyglass were lost."

In October 1847 the Governor, Lieutenant-Colonel Irwin, with the advice and consent of the Legislative Council, enacted an ordinance to provide for a summary remedy for breach of contract connected with the fisheries, which included whale fishing. Under clause 3 no whaler whose name was not registered with the local magistrate could be bound by any agreement. As a result, the names of many of the crewmen are on record.

1848

In 1848, for example, John Bateman was engaged by Peter Marmion as chief headsman. Fred Palmer was engaged by Heppingstone at Castle Rock and William Amersley was second headsman; the latter was an African native who had had experience in American whale ships. Thomas Sherratt was boat-steerer at Cheyne's. Tradition has it that he was a giant of a man, physically capable single-handed of upending and carrying a whale-boat upon his broad shoulders.

Other notables in later years were Daniel Sloan, Samuel Law, that splendid seaman John Tapper, and Butty, a powerful and much tattooed Maori.

In 1848 the Fremantle Fishery casked 34 tuns, Cheyne's 52 tuns, the Merope (an ex-English whaler owned by Daniel Scott) 43 tuns, and Heppingstone 35 tuns

1849

1850

1851

1852

1853

Captain Johnston of the “Leander” after surveying Port Gregory, reported in 1853 that it was without doubt one of the safest anchorages in Western Australia. As a result D. Ronayne and Captain Sandford despatched a cargo boat there, with the necessary whaling gear to establish a whaling station in 1854. Another newcomer to the industry at this time was Joshua Harwood; a more or less friendly rivalry between him and John Bateman followed.

1854

The Port Gregory Whaling Station (1854–60)

The Port Gregory whaling industry was established by the efforts of Captain W. A. Sanford who was already managing farming and grazing in the area (Gibbs, Ph.D Thesis, Centre for Archaeology, University of W.A., 1995) (McIlroy, 1987: 82).

In January 1854, it was reported that sperm whales were ‘literally swarming’ on the coast adjacent to the harbour. Several months later, Captain Sanford, who owned nearby Lynton Station, announced that he was forming a whaling party in partnership with Fremantle businessman David Ronayne.

In 1858 Ronayne is recorded as owing John Bateman fifty pounds in an IOU, that was discovered in a stolen cashbox. Did Roynane finance his partnership with Sanford with this money? Bateman was already well established in the shore based whaling industry in the South West by that time, and Daniel also worked for Bateman in the 185X and 185X seasons in Fremantle.

The party suffered difficulties and only one humpback was caught in that first year, resulting in the dissolving of the partnership. Sanford still hoped to attract one of the major whaling parties up to the port.

By 1854, Port Gregory was a hive of activity although not the happiest of places.

Work on the hiring station was slow and the site chosen for the station was hot and airless (it being some 10km from Port Gregory). Fresh water and vegetables were hard to come by and men began to suffer from scurvy.

Complaints began to emerge about the bad road from the mine and lack of water in summer. There were also problems with the causeway between Lynton and Port Gregory. Furthermore, people felt deprived of religious services, mail services (which did not commence until 1860) and general health problems. Mr Bibro is noted as being the postmaster in 1860. (Erickson, 1988)

The pensioner guards made the best of the penurious and harsh conditions, as they could supplement their income to support their families by collecting salt from the Hutt Lagoon.

Letters from Captain Sanford in 1854 in regard to the whaling station discuss the want of provisions (flour), carelessness on behalf of his men who lost three boats, abusiveness and theft of rum from the stores, a drunken riot between whalers and a series of north-west gales hampering activities and destroying equipment (e.g. Lynton to Ayshford, 5 July 1954; Lynton to Ayshford, 15 Sept. 1854).

No historical records pinpoint the location of either Harwood’s or Bateman’s processing areas or try-works, although, as mentioned at the beginning, there are several allusions in contemporary resources that the station(s) were opposite Gold Digger Passage (e.g. The Inquirer 29 June 1859).

Refer to archaeological expedition to Port Gregory by museum where whaling equipment is located in the intertidal zone

1855

The following year, (1855) he persisted by himself and despite losing two whaleboats, he obtained 16 casks of oil valued at £800 (McIlroy, 1987: 82).

This was the year the schooner “Les Trois Amis” arrived in the colony. The “Les Trois Amis” and those who owned her were to play a significant role in the coastal trade and coastal bay whaling over the next few years.

In an article of The Royal Western Australian Historical Society the “Les Trois Amis” is described as below:

“At this time there was a great need for a larger ferry between Perth and Fremantle, and William Hinton Campbell who had not been long in the colony made arrangements for a schooner, “Les Trois Amis,” built at Northfleet dockyards to be sent here to initiate the service. "Les Trois Amis” arrived on March 15, 1855 (a) and was converted into a screw-driven steamer.

She was 70ft. long, carried 30 tons of cargo, but unfortunately drew 5ft. of water6, which made it impossible to use the existing jetties, which Governor Fitzgerald and an official party discovered much to their discomfort, on the trial trip on March 29, when they had to be rowed from the jetty across shallow water and board the steamer more or less in midstream. Consequently arrangements were rapidly instigated for dredging channels into the jetties.

In November of that year Mr. Campbell was drowned while swimming to recover a boat which had drifted away from the steamer. The service was continued by Mr. George Shenton Senr., who bought the Les Troi Amis for £810 pounds in December.

However she was never suited for river use, and when the Lady Sterling arrived, she was sold on January 21, 1857 (a) to Mr George Green, formerly owner of the Evergreen, who for some years used her on the coast, and eventually sold her to G. Randell and Co. She was lost off the coast of Timor in February, 1884, according to Mr. Aubrey Sherwood.”

1856 Season

In 1856 Captain Sandford and Joshua Harwood were operating as partners at Port Gregory. Harwood and Bateman both had parties there early in the season in 1857, but developed a new pattern whereby, after a few weeks fishing in the north, the whalers moved south to Fremantle, finishing the season at Bunbury and Castle Rock in November. (D.Heppingstone, 1933)

With the 1855 season proving more profitable, the following year 1856 saw Sanford partnered by Joshua Harwood of Fremantle with a three boat, 22-man fishery.

The “Les Trois Amis” would have had great difficulty navigating the mouth of the Swan River at that time as contemporary articles refer to vessels of draught of 5 feet or less could only enter the river due to the presence of the limestone bar.

Twenty three people were registered by Sanford and Harwood’s (including Sanford and Harwood as owners) whaling party at Port Gregory during the 1856 season. No other whaling parties were present at Port Gregory during that season. (Gibbs, 1995)

This is the first recorded occurrence of Daniel Sloan at Port Gregory some three years before the eventual cessation of operations of whaling by Harwood both at Port Gregory and Fremantle.

There were three headsman, Cunningham, Law & Sloan, registered under the Act (WA1850) with Daniel Sloan being recorded as the Chief Headsman (Gibbs, 1995).

Three boat steerer’s were recorded under the Act, along with thirteen (13) hands and a cook.

This suggests there were 3 whaleboats at Port Gregory in the Sanford Harwood partnership whaling party at Port Gregory during the 1856 season and there were no other whaling parties at Port Gregory during 1856 season. The Lynton Convict depot was closed in 1856, however the pensioner guards remained until 1858. (IHRLCD)

It was also noted that the port was not as safe as first thought. Setbacks such as the loss of ships and cargo (the American whaler Iris was stranded for 6 months between July 1855 and January 1856) affected shipping activity.

Harwood’s crew is known to have lived in Sanford’s storehouse, built on lot number one of the proposed Pakington town site. Bateman would probably have also been required to lease land within the Pakington town site subdivisions, although no record of this has been found.

See also town plan, and notation on town plan with location of the recorded building. Also refer to archaeological study of Pakington town site showing location of relics and building floors.

Comment also needs to be made here about the future of the Convict hiring depot. See Heritage registers

Comment on the activity at Geraldine mine also needs to be included here as it is integral to the activities at Pakington and Port Gregory at the time.

Daniel Sloan had been married some nine years at this time and his eldest son would have been 8 years of age, (George?) and a couple of other children have been born (6 & 5).

The day the registration of the whaling party needs to be checked in the Gazette so that any others can be excluded.

An interesting despatch from the north in 1856 reads: "It is expected that the export of oil, whale bone and lead from Port Gregory will by the end of the year exceed in value £5,000; the value of oil and bone secured up to this date together with the lead already shipped and now ready for shipment is £4,400." Of this amount the oil at the then current prices would have been worth £2,912. (D.Heppingstone, 1933)

1857 Season

In 1857, John Bateman had also established a port and fishery, which he continued to use until as late as 1875. The Batemen party consisted of 21 people.

Twenty five people (Gibbs, 1995) were registered by Sanford and Harwood who were involved in whaling at Port Gregory during the 1857 season. (Gibbs, 1995)

Given that a manager was recorded as being in charge of the Harwood party in 1858, it appears Daniel Sloan was the Chief Headsman for that year.

1958 Season

1959 Season

1860 Season

Post 1860 Seasons

In the 1860s some of the crews were evidently aborigines, for they had such names as Rattler Nuterwent, Billy Nandingbert, Bobby Nornaran, Quatcul alias Snowball, and Screechowl. (D.Heppingstone, 1933)

Harwood maintained a party at Port Gregory until 1860, after which he ceased all of his whaling operations, probably because of the conviction of his Chief Headsman, and the obvious lack of profits.

From the early 1860s, Bateman kept his party at Port Gregory only from June to September, after which he would move them southward to Bunbury or Castle Rock for the later season (Gibbs, 1995: 37).

Living at Pakington

Difficulties and setbacks

The only reference directly relating to a processing plant is a an 1858 report which states that the try works building and a considerable quantity of whaling gear had been completely destroyed after catching fire from the try-works furnace (The Perth Gazette 13 Aug. 1858, The Inquirer 18 Aug.1859).

22The article in the Inquirer noted that a number of bags of pig lead were burnt during the fire, which suggests that either Harwood, or Sanford were involved with the export of lead from the Geraldine mine at the time, or at least there was a close relationship between the two enterprises as equipment and stores owned by both were stored in the same processing works. It is known that the building was owned by Sanford.

Insert para on what this equipment and infrastructure would/could have looked like for Gibbs.

As Bateman had not formed a Port Gregory party during that season, this could only have been Harwood’s plant (Gibbs, 1995: 376).

1960 Season

Insert description of people that could or would have been at Port Gregory during the 1860 season and what they did.

Sloan had his wife and family of 6 children with him at Pakington, at least at the end of the season. (Inq, 1860) This would have of course included his youngest daughter Emma who was only born the year before in Fremantle.

It then needs to be asked, when did Sloan’s wife travel to Port Gregory?

The Troi Amis and a number of other small vessels made fairly regular passages to and from Port Gregory and Champion Bay to Fremantle (Short jetty) throughout the 1959 & 1960 season (Inq, 1860) insert picture

Was she there with the children during the off season, (probably), but then was she also there during the 1859 whaling season? Maybe she travelled up after the youngest daughter was born in Fremantle.

Insert para about the whaling site at Port Gregory and the archaeological evidence.

The Taking of the Whale

It only appears that one whale was taken, approx 4 miles offshore, which sank and was abandoned, however it did wash up 2 days later at Port Gregory. Sloan claims the carcase was mauled by sharks, and according to the law of the day if the headsman abandons a whale it then can be claimed by others. This is apparently what happened in this case and the men from the whaling station all helped themselves.

Sloan was obviously in a quandary with this situation as it appears he subsequently told the cook Wilson that oil taken by him was in fact Harwood’s oil.

The Breaking up of the Fishery

The Inquirer in its edition of the 24th September 1860 in the Shipping Intelligence column reported the Schooner the “Troi Amis” (44 tons) with Captain Green as master arriving in Fremantle on the 20th of September from Champion Bay (Geraldton) and Port Gregory.

On board were passengers E. G. Back, D Sloan, wife and family, A Peres, Russel, Allen, Chaise, Sinclair, Francis, Wilson, McKibbly, Rusworth, Ellier, Lynch, and 9 native prisoners.

Table 1Whaling Records of Russel (Gibbs, 1995)

HISTORY

Year Station Position Owner Contact Reference

HISTORY

Year Station Position Owner Contact Reference

Russel W. C. 1857 Port Gregory headsman Harwood, J y GG 2/6/57

6 Allen Michael

The following cargo was also listed. 134 bags wheat, 41 bags of flour, 36 bags of barley, 16 trusses of hay, 6 hides, 2 casks of oil, 4 casks of fat, 2 bags of salt, 1 whale boat, 7 casks of butter, and 2 cases of sundries, along with one whale boat. It is clear that Harwood had communicated to Sloan to close the fishery.

It is reasonable to assume that most of the passengers were from the Harwood whaling party at Pakington, and certainly Back, and Wilson were.

Further research needs to be conducted on the status of these passengers, particularly to see if any were Ticket of Leave men in the employ of Harwood.

Back was a free settler, and Peres, Russel, Chaise, McKibbly, Rusworth, Ellier, are not recorded as a convicts in the database held by Fremantle Gaol so it must be assumed that they also were free settlers, probably some absconders from passing American whaling ships.

Who were the other members of Harwood’s whaling party?

Did some disembark at Champion Bay or remain behind at Port Gregory?

It is noted that there were 6” aboriginal prisoners” also on board. Were these part of Harwood’s party?

Also of note of course is 2 casks of oil, presumably whale oil? Or could it have been the shark? oil that was referred to in the criminal proceedings. Why did Sloan bring this oil to Fremantle. It would prove that they had taken a whale during the season.

It is obvious Harwood and his book keeper would have been disappointed at such little return for his investment in whaling for the season.

Return to Fremantle

I have also researched movements of coastal shipping, at the time, including cargo manifests and passenger lists, and can confirm Sloan and his family were present at Port Gregory at least from September 1858 to 15th September 1860, arriving back in Fremantle aboard the “Troi Amis” on the 24th Sept via Champion Bay (Geraldton), with some whale oil, salt, a whale boat and other whaling supplies. The eldest boy would have been 13, and the youngest daughter just 9 months.

The “Les Troi Amis” was a 46 ton schooner under the command of Captain Green, and it made regular voyages between Fremantle, Geraldton Shark Bay and at times further North from 1858 until at least the end of 1860.

The Initial Interviews

Three days later (24 November) in Fremantle Harwood makes a complaint before two JP's (Thos. Brown & George Clifton).

The following day a number of statements are taken from members of the whaling party, Charles Wilson, Harwood's bookkeeper F. F. Seed, again before the same 2 JP's, and on the 25th November and Sloan is charged with embezzlement and he pleads not guilty saying "I deny any thefts." (Unknown, 1860)

I guess the outcome of that hearing was that Sloan would have been held in custody at the old Fremantle Gaol in Mouat Street.

Committal Hearing

It is interesting to note that there is no interview with Sloan to determine what evidence he may have concerning the allegations. It therefore appears anyone could make allegation before a couple of JP and they would then be charged, only giving their evidence in a criminal trial

The Trial

The case was heard in a court of Quarter Session in the old Perth Court of Quarter Session8, on Monday the 8thOctober 1860, Before His Honour A. McFarland, Esq., and a Bench of Magistrates9.

8 Quarter Sessions refers to the fact that the Court sittings were held four times a year

9 It is interesting to note that a “Bench of Magistrates” were present. What role did these people play in the court case? Reading from the case in 1859 when Harwood took action against the American Whaling Captain of the American Whaling ship the “Lapwing,” the jurors found in favour of Harwood, but McFarland overruled their finding. Perhaps they were in fact a form of jury.

There is a lot of references at the time to people qualifying as a “juror” and a monetary of real estate was always quoted with this qualification. Harwood for instance is recorded1 as having qualified as a juror in 1860 with £1,000 of real estate, which indicates that position and standing in the community was a pre-requisite for qualification as a juror (Magistrate?).

The case was reported in “The Inquirer and Commercial News” 2 days later on the 10th October in a brief article, and again in the next edition on the 16th October, where a full account of the proceedings was reported.

Daniel was charged with “stealing or taking away certain articles the property of his master, Joshua Harwood, at Port Gregory.” It is interesting to note the wording of the charge as it says “stealing” which implies taking something for profit of personal gain, or “taking away” which implies removing something without permission, it doesn’t necessary follow that this was for personal benefit of profit on behalf of the defendant, Sloan. Was Harwood having a bet each way?

Joshua J. Harwood, Builder, at Fremantle was the first to give evidence for the prosecution.

In his evidence Harwood stated that Sloan was employed by him as a servant, meaning in modern terms he was engaged under a “contract of service” and was in charge of the whaling station at Port Gregory, with the surplus stores, at the close of last year (1859).

His wages were £1 per week and his duties were to protect the property and stores at the whaling station owned by Harwood at Port Gregory. Port Gregory was also known as Pakington. This raises an interesting question. What were the other terms and conditions of his employment contract? Was he allowed to engage in other activity such as collecting salt from the nearby lakes as an income supplement which most of the other residents of Port Gregory did.

The normal practise for whaling crews at the time was to be payed by a share of the catch known as a “tor.” or “lay.”

Figure 3: Old Perth Gaol -Court Room on Second Floor at front.

In modern terms this is known as a “contract for service” This was negotiated before the season commenced. So it could be assumed that his employment conditions could have changed at the commencement of the season when all the other crew arrived on the Mystery. Did the £1 per week continue during the whaling season, particularly as Sloan was the headsman to the party and therefore a contractor not an employee (servant).

If David was engaged under such arrangement he could not be charged with “stealing as a servant” under the law as he was not a servant (in employment terms) of Harwood.

During his evidence Harwood claimed he never gave Sloan permission to sell. Did Daniel actually sell anything or was he just paying off debts he incurred on behalf of Harwood while he was caretaking the whaling station. The property chiefly consisted of flour (six bag's and 1 hogshead), potatoes, whale line and rope, and casks — about 50 tuns.

Harwood said Sloan had a list of the articles left over at the end of the previous season, and also of goods shipped in May, 1860, consisting of provisions for the 1860 whaling season.

Under cross-examination by what appears to be a Sloan’s lawyer, Mr Nathan Howell, Harwood said he never gave him (Sloan) any authority to exchange, sell, or borrow stating that the fishery was too well supplied to justify any borrowing.

Harwood claimed he was not aware that Sloan did borrow, and Sloan never told him that he had done so until he was before the committing magistrates the previous week and 3 days after they arrived back in Fremantle.

What is not stated is that Harwood was probably very disappointed that the money he had spent is setting up the whaling party at Port Gregory for the season was a complete loss, as well as the loss of the left over rations from the previous season. The couple of barrels of oil that was delivered indicated that at least one whale had been caught by some of the party, and there had been little to show for it.

He had paid Sloan probably 8 months salary, end September 1859 through until May 1860, some 35 pounds, not an inconsiderable some in those days, plus probably 150 pounds in stores, for a return of less than 2 barrels valued at less 4/6 a gallon, and the only reason he got that was because Sloan

27had said to the cook Wilson that it was Harwood’s oil, probably meaning it was to be used in the kitchen and for bartering for other goods and services.

Did Sloan’s salary continue during the whaling season?

Probably not, he would have reverted to a “tor” (Contract for Service as a Headsman), and thus Sloan like the rest of the party would have had no income for their 4 ½ months work, only having their keep while at the station.

Sloan with his 5 children would have had expenses and would have needed to purchase supplies to support his wife and family during this period, supplies that other members of the whaling party would not have had, or have had a great need for. (Soap?).

In any case if Harwood had continued to pay Sloan the £1 a week for the duration of the 1860 whaling season at Port Gregory, Sloan would have earnt an additional 16 pounds salary.

As Sloan was also the headsman of the party, how were the other members of the party renumerated. Clearly the season was a dead loss to all concerned, and probably strong feelings of resentment arose between members at the loss of their only chance of income for the season when the whale sank, but then subsequently washed ashore and little could be salvaged.

If the whale was typical size it would have weighed well in excess of 2 tonne and it would have been impossible to move the carcass back to the shore try works with the little labour and machinery available to the crew.

When it did wash ashore and where was it in relation the shore try works?

It is known the tryworks burnt down (Inq, 1860) the year before.

One of the hands reported that the whale was abandoned 4 miles of shore. It is highly unlikely that it would have conveniently washed up at the whaling station ready for processing.

How could the party have properly processed the whale even if it had remained the property of Harwood? It is almost certain the whale would have been mauled by sharks during the 2 days it took to wash ashore. This would have further added to the difficulty of stripping the blubber, particularly with ready access to the shore based winching gear that was necessary to properly process a whale of the target size.

The court case would then have been an interesting argument if Sloan was engaged under the normal arrangements for whale crews at the time, which was on the basis of a profit sharing arrangement. Clearly a contract OF service, not a contract for services which then has an employer, employee relationship, and thus a charge, of Stealing as a Servant could be laid.

It appears that Magistrate McFarland was aware of this in his deliberations. It then became critical of why he was convicted of embezzling the sheep, so the relationship and evidence surrounding that transaction become absolutely vital.

Harwood said he was missing a number of casks and that Sloane did not send him any salt in casks. He said he didn’t know whether Sloane had sold a quantity of salt to Brakes. Or whether the handwriting on a receipt for salt that was produced was Brakes’s, or whether the signature on it was Brakes’s.

Further research needs to be conducted on Brakes. There is some suspicion that this in fact might be a ship that called at Port Gregory, and took on board the salt in the casks, and was intending to return with them empty, however the fishery broke up before its return.

This raises further questions. Why did Sloan produce a receipt for salt that didn’t get to Fremantle. Did Sloan collect the salt while he was caretaking the station in the off season and store it in Harwood’s casks. If so whose salt was it? There is no dispute the casks would have belonged to Harwood, but had Sloan actually intended to steal them, or was he just using them temporarily, expecting their return The statement and evidence given by Charles Wilson seems to be the main body of evidence before the court.

He was employed as cook for Mr Harwood's station, in May and went to Port Gregory in the 'Mystery" with the rest of the crew. There was on board a quantity of rations, consisting of flour, meat, tea, sugar and rice. The provisions were all delivered to Sloane upon arrival at Port Gregory, and were put into Mr Harwood’s store.

Wilson gave evidence that he weighed 200 lbs of flour, which Sloan told him was to go to Mr Ware's. It was sent away and was not brought back. Wilson said that he was constantly at the station, and it could not be returned without his knowledge. There is conflicting evidence in the written statements of Harwood and Wilson, and evidence given in the court.

Wilson and Harwood initially stated that this flour was weighed out and despatched the day after the Mystery and the party arrived at Port Gregory, however this was later changed to the 14 or 15th of May, some ten days later.

Why was this so?

Some time after, Sloane told him to weigh out 20 lbs of beef for Ware, and that Captain Hicks would replace it. Ware took the beef, and 21 lbs of mutton came in its place. The mutton was given to Ware by Sloane's orders. Ware had nothing to do with the whaling station.

There was a great quantity of salt sent away. Brakes took a great quantity, and some came to Fremantle in the same vessel with witness. Part was in the fishery, and some in a store belonging to Mr C. Von Bibra. Some of the salt was in bags and some in casks. Does not know whose property it was. It was taken from the Fishery, prisoner being chief headsman at the time. The casks were new. Does not know whether any of the casks brought by them were sent away.

Recollects a whale being caught by Harwood's party. Took several pieces of blubber and tried them out for the use of the kitchen, and put the oil in a small keg.

Sloane told him that the oil was the property of Mr Harwood, and that witness was not to dispose of it

Brought 5 gallons of this oil to Mr Harwood. There was a good deal of oil tried out. Saw some of it put into cans (casks?). Four gallons were sent to Mr C. Von Bibra. Plenty of oil was put into small kegs, but could not say where it went to.

Believes some of it was sold, but does not know it for a fact. Sloane told witness there was 25s for him if he would sell the 5 gallons in his possession. That oil was Mr Harwood's oil. Some oil was put into cans (casks?) by the direction of Sloane, and given to Mrs Martin. It was carried away in a cart.

Wilson returned to Fremantle via Champion Bay (Geraldton) in Green's vessel Troi Amis with the rest of the whaling party arriving in Fremantle on September 20th 1860 He said there was some oil on board; some in pork casks and kegs. Some belonged to Sloane; it that came from the Fishery. The oil was taken ashore at Champion Bay and did not come back and he believed it was sold, part to Scott & Gale, and part to W Crowther.

The “Inquirer & Commercial News” in its Shipping Intelligence column reported that amongst other things there was two casks of oils, and two casks of fat.

Kept a book by Sloane’s orders, for the purpose of putting down his (Sloan’s) rations.

Half a leaf had been torn out of that book since he delivered it to Sloane's wife. There was something written in the part torn out. Never saw the book afterwards, until at the Police Court.

Has booked 700lbs flour. 200Ibs of flour was sent away by Sloane's order, and was booked to him and charged to him. Never booked the 21lbs of mutton. Only kept an account of the rations of Sloane.

Was never told to enter the mutton.

Did not make any entries of salt delivered. He was not told to so. Nor an entry of the casks sent away. He had nothing to do with them, nor the oil, nor the bags. They were never in his charge.

By Mr Howell – Can’t say what was on the paper torn from the book. Sloane was entitled to draw rations, and they were charged to him. Upon delivery they became his own property. The 200lbs of flour was charged to him. Had nothing to do with the oil. The four gallons sent to Mr Bibra was whale oil. There was no shark oil. The oil belonged to different men.

Brakes took away perhaps 7 or 8 tons of salt. Does not know whether it was sold to Brakes.

Ware kept the stores of the Geraldine Mine. Does not know whether they were hard up for provisions at the Geraldine Mine at the time.

Had a bag of flour from Mr Bibra for the fishery. Run short of meat once or twice. Sometimes had to send to Champion Bay for meat, and afterwards to Mr C. Von Bibra.

Re-examined – there were no provisions in store when they arrived in May.

By the Court. – Ware took the beef and the mutton in a bag. The mutton came in the “Preston” from Champion Bay. It was delivered to witness for the use of the men.

Edward Back, carpenter in Harwood’s employ, -went to Port Gregory last June, and was present at the breaking up of the Fishery. Sloane was in charge.

There was one barrel of flour lying outside the house. Was working at Mr Bibro’s on account of Mr Harwood.

Mr Bibra requested witness to ask Sloane to let him have some line. Asked Sloane for it at the fishery, who gave him 9 ½ fathoms of line. Mr Bibra told witness to say that he would settle for it, and Sloane said he would have to put it down.

Recollects that a whale was caught and sunk.

Cross examined – Sloane said he would have to put down the line. Never carried any other message from Mr Bibra to Sloane.

The next witness to appear was F. F. Seed, Mr Harwood’s book keeper. Seed was a Ticket of Leave convict who had been convicted for forgery in England before his transportation to the colony. Seed obviously was based in Fremantle, and probably assisted Harwood in keeping the records for his burgeoning business interests.

Sloane on his arrival at back at Fremantle handed over the three books relating to events at the fishery at Port Gregory. It is probable that these books were maintained in all fisheries as a method of determining what lay would be paid at the end of the season, and what deductions would be made from the lay, given that the regulation of the fishery took the form of formal signed contracts between the whalemen and the owner of the fishery as required by law.

A log book (diary) that Daniel had kept notes on daily events at the fishery. This was common practise for the station manager to do, and were probably a requirement of the owner of the fishery. One of these books from another shore based whaling operation at Castle Rock has survived and this book has provided valuable insights into the shore based whaling fishery at the time.

A second book which was obviously a ledger of what entered or left the fishery including incoming and out going supplies and certainly outgoing produce. Was a running balance maintained in this book?

A third book was also kept in which it would appear to have recorded the issuing of rations drawn from the store by members of the fishery. It would be reasonable to expect then that when new rations arrived they would also have to be entered in here, or was this just a record of who took what, and no attempt was made to keep a running balance.

produced; first, a log book in which everything relating to the fishery was supposed to be entered. There is an entry about a whale in the handwriting of prisoner, (an extract from the log book was read, from which it appeared that a whale was killed on the 30th July, that it sunk, and that subsequently it was found on the beach on the 2nd August, completely eaten up by sharks).

Witness asked Sloane whether he was sure that the entry was correct. He said yes. That the whale was completely eaten up, and that he was quite sure they had not saved “a sup” of oil.

Asked Sloane why they had not tried to save something. He said it was not worth while. He also said that no other person had tried out any oil from that whale.

In the second book, Sloane ought to have entered everything that came to or left the fishery. Had not done so; said he was no scholar, and it was the cook’s book and he handed it to the cook.

In the third or ration book, there was no entry of oil sold. Asked what had become of the rations last year. There was no entry of the 21lbs of mutton, whale line, salt, bags, or casks.

Prisoner said nothing was omitted except two pairs of trousers and a blanket which he had drawn from Mr Shenton’s store. Interestingly Erickson reports that Charles Crowther who Back claimed purchased oil from Sloan in Champion Bay on the return journey to Fremantle was the manager of Shenton’s store in Geraldton. Shenton also owned the Geraldine Mine, and also the nearby White Hills mine. Perhaps the sale of the oil to Crowther was simply to pay back debts incurred from the drawing of stores from the store during the preceding six months.

It would appear that Sloan sold enough to pay the debts, with some left over.

Wilson in his statement says, ”Sloan was drunk at this time, and we had nothing to eat. I applied to W Crowther for some rations who informed me that Sloan’s wife had drawn the balance and that he could not give me anything.”

Crowther later went on to purchase Shenton’s Geraldton store when he drowned off Geraldton in 1867.

During the whaling season Sloan also did deals with Mr Ware who looked after the stores at the Geraldine mine. The Inquirer reports also in 1860 that the Geraldine mine was in the throws of closing down and Shenton (the owner) may not have been particularly forthcoming in stocking up the mine stores.

One is certainly left to wonder if all the transactions were simply bartering for essential goods and services needed by Sloan while he was caretaking the station during the off season, and also during the season.

There was a piece torn out of the ration book. When the book was sent down at the commencement of the season, there was a memorandum in the handwriting of the former cook, of the rations left in charge of Sloane at the end of 1859.

That memorandum was missing, and the articles had not been accounted for. Recollects that among the stores were 6 bags of flour and a cask containing two bags of flour. When the party arrived at the commencement of the season, all the stores had disappeared.

Cross-examined—Sloane acknowledged that the provisions had been there, but he had made use of them. Sloane was allowed to draw rations in moderation, and was charged for them. Sloane was to judge to what extent he should draw them.

Sloane never said he had shark oil. Believed that all shark oil would belong to the proprietor of the Fishery, as Harwood told them so.

Sloane never said he had exchanged mutton for soap.

Hill, one of Mr Harwood's whalemen — Sloane was chief headsman; saw hhds of salt filled and headed up by direction of Sloane. The casks were lent to Brakes, and the salt was sold to him. Heard the agreement.

Saw some little kegs of oil on board the “Troi Amis,” some belonged to Sloane, and some to the Fishery. Recollected the whale being killed. Never saw any blubber.

Took some of the lip, and tried it out in the pot belonging to the fishery, and sold the oil.

Cross-examined — Could not say how much oil was taken from the whale. Sloane was in his house, he did not take any oil. but his boy did.

The whale was four miles off. Three of the men got 6 gallons of oil. Does not know whether Sloane was aware of this.

When the headsman abandons a whale anyone can make use of it.

Shark oil had been got by Sloane and other headsmen, and they sold it. No shark oil had been sold to Mr Bibra. They ran short of provisions at the Fishery, and Sloane borrowed a bag of flour from Mr Bibra. The casks were lent to Brakes to carry the salt as far as Sharks Bay.

This closed the case for the Crown.

Mr Howell contended that the goods were lawfully obtained and that their subsequent appropriation did not amount to larceny.

Advocate General — When the goods were obtained fairly, perhaps not. The prisoner was charged as a servant, and the goods were delivered to him as a paid servant of Harwood and he knew this for he said to the cook the oil he had was Harwood's oil.

If he had not been guilty of larceny, he had been guilty of embezzlement, and upon one or the other charges he must be tried.

His Honour said the question was one of difficulty, and at home would most likely be reserved for consideration. Here, however, there was no appeal, and he must decide, himself, to the best of his judgment, and on the spur of the moment.

He had arrived at the conclusion that all the articles were in Sloane's charge as caretaker or implied trustee, and that there was nothing to show any fraudulent act on the part of the prisoner. The charge of larceny against him would not, therefore, lie, and the only offence with which he could be charged was that of embezzlement, or larceny as a servant.

When he received articles from a third party on behalf of his master he then became liable under the statute. The only article he had thus received was the 21lbs of mutton which he delivered to Ware, and the jury would have to disregard all evidence except that bearing upon this one transaction.

Mr Howell addressed the Jury on behalf of the prisoner, stating that the 21Ibs mutton was exchanged for soap, of which article the fishery was at that time deficient.

The Advocate General, in reply, contended that there was no evidence of this fact.

Verdict—Guilty. Sentence—5 years penal servitude.

The Relationship between Harwood and the Judge

Did the Relationship between J. J. Harwood and The Presiding judge, Commissioner of the Civil Court, Alfred McFarland have any bearing on the case?

In the 4th February 1859 J J Harwood mounted a civil case in the court of Quarter Session with McFarland presiding where he attempted to sue the Captain Cumiskey of the American whaling ship “Lapwing” for damages when it is alleged on the 6th November 1858 his crew interfered in a whale catch off Fremantle where Harwood and his crew, (potentially including Sloan, the dates need to be checked) failed to secure a whale when it was disturbed by the American boat.

The “Lapwing” was reported in the Inquirer on the 23rd Feb 1859 to have been sighted and spoke with the “Lapwing” on the 10th Feb at 29deg 53’, 112 deg 48’ E obviously after setting sail from Fremantle crew of the “Favourite” which was enroute Champion Bay to Fremantle following the conclusion of the court case.

There is no doubt Sloan would have been aware of this case. In 1856 Sloan is recorded as being Chief Headsman for Harwood at Port Gregory, and again as Chief Headsman for Harwood at Port Gregory and Castle Rock (Near Cape Naturalist) in 1858. It is also highly likely that Sloan was on board the whale boat when the incident happened. See transcript of Harwood’s letter to the Inquirer.

The panel of jurors found in Harwood’s favour and awarded him 300 pounds damages plus costs being half the estimated value of the whale.

McFarland subsequently overruled this decision and awarded costs of the case equally to Harwood and the American Captain.

The Perth Gazette fully reported on the proceeding of the court. Incidentally the Perth Gazette was owned by a competitor of Harwood, a Mr Shelton who also fell fowl of the courts some 15 years later, and was imprisoned. It is reported this shortened his life very severely.

Harwood immediately wrote a long and rambling letter to the Perth Inquirer which was published the following week outlining his concerns about the decision and calling for McFarland’s dismissal.

In his letter he make statements saying that he was just about to spear the whale (a job normally done by the headsman such as Sloan, when the American whale boat “crossed the wake” of the whale casing it to sound.

McFarland immediately responded with a demand that Harwood withdraw his letter and failure to do so would result in Harwood being arrested and brought before him to answer contempt of court charges.

The following week the Inquirer published also a long editorial supporting Harwood’s case also apologising to readers for such along letter from Harwood that many readers may not have bothered to read.

The Inquirer thundered on about rights of colonial citizens, freedom of speech and protection of colonial resources from aliens, stating the many of its citizen’s basic rights were under threat, calling on Governor Stirling to exercise his right to immediately remove the judge.

Further research is required , however it is obvious that McFarland withdrew his action.

This would have been seen as a moral victory by Harwood and also reinforced his belief that he was above the law because of his position in society.

When the Sloan case was brought by Harwood before McFarland 12 months later no doubt McFarland was still smarting from his back down and public embarrassment, and there would have been no love lost between Harwood and him.

The judge appeared to show a great deal of sympathy towards Sloan and directed that all evidence as stealing as a servant be excluded. He agonised over his decision, in his summing up he stated that at home (England) the decision would be reserved however in the colony he had no legal right to do this and the decision must be made on the spot.

The panel of Magistrates (jurors) included all of Harwood’s business associates and cronies, all just having been appointed in 1860, and potentially this was their first case. (This needs to be checked).

Although Sloan was found guilty on a very minor charge (stealing half a sheep) based upon flimsy evidence, and a strong motive on the part of Harwood and his cook, the ferocity of the sentence, probably decreed by the jury was extreme. (5 years).

In his judgement McFarland may have been cognizant of his previous encounter with Harwood the year before, and would probably have been subject to the same public questioning for lack of support for the pillars of colonial society in the papers again if he did not convict Sloan.

McFarland, it appears became distressed at the lack of fairness and rough justice being handed out in the colony, and he resigned from the position in 1861 shortly after Sloan’s remaining sentence was pardoned by the governor. It is also interesting to note that Harwood also became a member of the jury at the same time.

The transcript of the court report in The Inquirer and Commercial News” on the 17th Oct1860 makes interesting reading and it appears the conviction was based upon very limited and flimsy evidence of the cook, Charles Wilson.

I have continued reading the papers of the time and came up with some other interesting articles, including a letter from Harwood to the Inquirer 27th Feb 1859 complaining about a judgement of A MacFarland (the judge in the Sloan trial) in which Harwood seeks the governor to sack the judge because of a disputed verdict involving Harwood and an American Whaling captain. The judge then begins proceedings to have Harwood charged with contempt of court.

Harwood attempted to sue an American whaling captain for interfering in the taking of a whale off Fremantle in December 1958. It is highly likely Sloan was the headsman on the whaling boat involved in this case. Harwood was on board, and claims the American boat deliberately scared the whale about to be harpooned by Harwood’s boat.

Much legal debate followed, relating to the protection of whaling in WA from the American whaling fleet.

I haven’t fully understood what finally happened, but I note the judge involved arrived in the colony on the 17/2/1858, and was immediately controversial. He resigned in February 1861 as WA’s only judge to practise as a barrister in NSW, and it is interesting to note Daniel Sloan was granted a pardon also in January 1861.

My reading of the reported case regarding Sloan suggests a faulty conviction, and even judge McFarland expresses this. It is almost certain a guilty verdict would not have been reached in today’s courts.

It is also obvious that the whale that was cut up at Port Gregory on the 2nd August 1860 had been abandoned by Sloan 4 miles out to sea on the 30th July when it sunk, and thus according to the rules at the time was not the property of Harwood.

It appears that everyone in the whaling party then took blubber from this carcass when it washed up near Port Gregory 3 days later, processed it themselves (Sloan did not), but his son (13) did and claimed it as their own. It is also likely that other members of Bateman’s whaling party at Port Gregory also took blubber from this whale and processed it for themselves.

The cook (Wilson) must have has an acrimonious relationship with Sloan, and was upset that Sloan said the oil he (the cook) had, was the property of Harwood as he was using it in the camp kitchen.

Sloan appears to have done some bartering for flour and whale line for supplies with Von Bibro who was a trader, postmaster at Port Gregory, and local pastoralist in the Murchison at the time. He also appears to have swapped some beef for some mutton, probably for variety of diet rather than any sinister motive.

Obviously during the off season Sloan collected salt from pink lake to supplement his income, and stored it in casks owned by Harwood. This apparently was common practise at Port Gregory, and was done by all the free settlers there. It appear he sold this to a captain of a passing ship under the command of Captain Brake bound for Shark Bay, and was expecting the return of the casks on the ships return voyage to Perth. A receipt was even issued, which was presented to Harwood’s book keeper, suggesting no wrong doing.

Of note is the cargo listed as having been unloaded from the “Les Troi Amis” in Fremantle when Sloan returned to Perth in September 1860 includes some casks of salt.

It is also reported that the processing works at Pakington (Port Gregory) burnt down in 1859, although this needs further research, and what effect this may have had upon Sloan’s duties, responsibilities.

Of note is that headsman were always paid by the “lay” method, which was basically a share of the catch. Given that Harwood stated that Sloan was paid a wage while he was caretaker, his employment status during the whaling season when he was also the Headsman remains a mystery, particularly if he was not under law then considered a “servant.”

It is interesting to note that none of Harwood’s whaling party at Pakington during the 1860 whaling season were registered as required by law and published in the Government Gazette, although this was always the case in previous years. Maybe Harwood was operating illegally

11 It is clear from his research that Daniel was a headsman for a long period shortly after his arrival in WA obviously from a passing American whaler of which there were several hundred.

Imprisonment

Death of wife and kids

On Saturday the 2nd of March 1861 at the request of the Reverend Mr Johnstone; Daniel was allowed in the company of a warder to visit his dying wife from 3.00 til 7.30 pm.12 Eliza Francis married Daniel at17 years old and she died later that night aged 32 of measles and he was allowed to visit again the next day to see her body. On the 4th he was allowed to stand at the outer gate during the passing of his wife’s funeral.

His Daughter Ellen of 4 years died likewise on 23rd of March at Fremantle and his youngest daughter Emma of 2 years died of “decline” at Pinjarra13 leaving James 14, Eliza Francis 12, George Samuel 9 and Daniel 8 years old with only there Grandmother and her family to care for them. None of them had a days schooling in there lives and the elder boys started out as shepherds with the Cowcher families around Williams.

11 Still more research required.

12 See scanned record.

13 This is debatable as the official records are unclear.

The Pardon

On the 31st of August 1861 an unsuccessful appeal was made for his release, but it was not until another appeal on the 8th of January, backed by a statement by a Mr Wellard14 of Fremantle that the Governor saw fit to remit the remaining part of the sentence of Colonial Prisoner Reg No 5580 and Daniel Sloan received a full pardon and was released on the 8th of January 1862.

The Disappearance

That is the last we know of him from official records and as his surviving family didn’t pass on what he did then or where he went.

It seems very likely he took up his profession again as a first class seaman on a passing boat as his family were farmed out to relatives and we know Dr Cowcher’s wife was almost certainly living in Fremantle and lived onto die on Dec 2nd 1876 at 89 years.

In July 1862 the American whaler “Cochitate” was whaling near Esperance and called at Rockingham to take on jarrah sleepers and later wool from Pt Maud and must have foundered in a cyclone off the North West as timber, tallow and wool was washed ashore and identified as her cargo and she was classified as lost with all hands possibly taking Daniel with her.

Timeline of Events

1815 Daniel Sloan born County Cork Ireland (This is a questionable date)

1820 Daniel Sloan born according to Marriage Certificate

1827 Daniel Sloan's future wife Eliza Cowcher is born in England

06/07/1830 Eliza Cowcher (3) arrives in the colony with her father and family aboard the "Medina"

17/05/1840 Eliza Cowcher's father dies

1840's Daniel Sloan arrives in the colony, How ?

14 What was the relationship with Wellard, who was a wealthy settler? Was it the Cowcher connection?

26/05/1846 Daniel Sloan (26) marries Eliza Cowcher (18) George Hodges as witness.

22/03/1847 Daniel (26) & Eliza (19) have 1st child "James Daniel"

26/10/1847 Sloan issues rowing challenge with George Hodges (Port Gregory 26/10/1847)

1/01/1849? Sloan involved in some sort of rescue mission to Rottnest

28/08/1849 Sloan signs up as Chief headsman for D Scott's whaling party along with George

Hodges.

14/02/1849 Daniel & Eliza have 2nd child a daughter "Eliza Francis"

27/08/1851 Daniel & Eliza have 3rd child a son "George Samuel"

06/11/1851 A D Sloan locked up for being drunk and fined an unspecified sum. This predates

Fremantle goal, so what gaol was it? Roundhouse?

23/12/1851 This is actually recorded as David Sloan. Daniel locked up once again for being

drunk for ?? days. some in solitary confinement. This predates Fremantle goal, so what gaol was it?

Roundhouse?

25/12/1852 A D Sloan Fined again for drunkenness and fined 5/- (Note this is recorded as D

Sloan, this could be the David Sloan previously convicted of drunkenness on 6/11/1851)

02/03/1853 Records as D Sloan Fined 5/- again for drunkenness. It appears his 3rd son "Daniel" was conceived at this time. (Note this is recorded as D Sloan, this could be the David Sloan previously convicted of drunkenness on 6/11/1851)

20/11/1853 3rd Son Daniel born at 3AM at Mallabuck?

1/1854 Reported that sperm whales were ‘literally swarming’ on the coast adjacent to the harbour in Port Gregory

2-3/1854 Sanford and ? setup up whaling station at Port Gregory, poor season, only one way taken.

Partnership dissolved

1854

1855 Sanford goes it alone and has better season catching

1856 Sanford sets up partnership with Harwood who was already operating whaling parties at Fremantle and other places

1857 2nd daughter born in Fremantle

17/2/1858 Judge McFarland arrives in the colony.

1858 Charlie Fancoat was awarded his Ticket of Leave under J.J. Harwood of Fremantle to work in the whale industry. Did he work for Harwood at Port Gregory in 1859. He did not return from Port Gregory with Sloan on the “Troi Amis” in 1860. Was he one of the crew members in the incident with the American whaling ship in December1859

1858 Building and equipment at the Port Gregory Whaling station is destroyed in a fire.

Does Harwood own the Station yet?

12/1858 Harwood involved with altercation with American whaling ship off Fremantle resulting

in Harwood taking legal action. Was Sloan the Headsman on that boat?

1/1859 ? Judge McFarland hands down unfavourable verdict to Harwood.

23/2/1859 Harwood writes to "The Enquirer" complaining about the judgement given by Judge

McFarland Esq concerning a charge of interference by an American whaling ship at Fremantle the previous year? Was Sloan the headsman on that boat. Harwood's relationship with the judge is very acrimonious with the judge threatening contempt of court charges.

2/1859 The Enquirer runs a highly critical editorial on the judgement of McFarland and his subsequent threats to Harwood.

1859 3rd daughter born in Fremantle. Was this before the whaling season at PORT GREGORY, or did Sloan's wife remain in Fremantle during the season?

5/1859 ?? Whaling season at PORT GREGORY opens. Sloan is the Headsman for Harwood at Port Gregory. Did his wife and children accompany him to Port Gregory? It appears so.

1859 Whaling season at Port Gregory closes, Sloan and family? remain at Port Gregory as caretakers for Harwood's Station, being paid 1 pound a week, and given permission to draw on the remaining stores. How was this communicated to Sloan if he was already at the station? How many whales were taken that year? Was the burnt out “tryworks” building re-built. The carpenter Eddy Back appears to have been in Port Gregory during the off season. He was employed by Harwood, but did work for Von Bibra who had a store in Port Gregory

1860 Mail Services commence to Port Gregory

3/5/1860 Chad Wilson (Cook) arrives Port Gregory on the "Mystery" It is not clear whether 2 ships arrived, but one is certainly the “Mystery” which also had provisions (which were unloaded.) and the whaling crew. How big was the whaling party? When the fishery was wound up later that year only one whaleboat was returned to Fremantle aboard the "Trois Amiss," therefore it may be assumed only one crew was resident for Harwood during the season. There is no evidence to suggest any of Harwood's whaleboats were lost during the 180 season, if there were more whaleboats then they would have to have been left at Port Gregory, or offloaded at Champion Bay on the return passage.

4/5/1860 Sloan told Chad Wilson the day after the supplies arrival to fill bag of flour and sold to Mr Ware of Geraldine mine (Harwood’s complaint) Why did he do this? Was Ware desperate for food? Had Sloan previously sold flour to Ware during the off season? Sloan had permission to draw flour during the off season for his (and his families) use

30/06/1860 Whale killed at Port Gregory and sunk becoming anyone property (Wilson)

02/08/1860 Whale washes ashore, and various member of the party process it no doubt thinking the proceeds would be theirs

15/09/1860 The Fishery closes and they return to Fremantle

20/09/1860 The "Trois Amis" arrives in Fremantle

24/09/1860 Harwood makes a statement requesting Sloan be charged (in Fremantle)

25/09/1860 Statements taken from Hill, Wilson, Buck, Seed

25/09/1860 Sloan charged in Fremantle and remanded (on bail?) to appear at the next court of Quarter Sessions

26/09/1860 I&CN reports 3 ton humpback caught by Bateman's party at Fremantle, Sunday last. The continued ill success of whalers throughout the colony renders even this small capture welcome. The oil, that article being now very scarce was bought immediately at a high rate.

8/10/1860 Convicted in the Court of Quarter Sessions (Fremantle?)

10/10/1860 Article in the Enquirer gave a brief description of the case, along with one other promising a detailed report on both cases the following week.

13/101860 Sloan entered Fremantle Prison

17/10/1860 Report and transcript of the case appears in "The Enquirer"

1860 Harwood ceases all whaling operations, probably after the court case.

02/03/1861 Sloan granted leave to visit sick wife. She probably died that night or the next day as the funeral was on the 4th March, 1861

3804/03/1861 Sloan allowed to stand at the front gates of Fremantle Gaol to watch wife's funeral procession pass.

31/081861 First Application for Remission Refused

8/1/1861 Second application for remission from Wellard – accepted. What was the relationship between Wellard and Sloan. Was it through the Cowcher connection. Insert ages of all surviving children here. Eldest James Daniel (14), Eliza Francis (12). All of Sloan's remaining children must have been looked after by their maternal grandmother who was now 74 years of age.

1861 Sloan disappears

1867 Sloan's eldest daughter "Eliza Francis" marries Charles Salter. She would have been 18 years of age

1876 Eliza Cowcher's mother dies

21/121876 Daniel Sloan’s eldest son James Daniel marries Margaret Platt. He would have been 29 years of age.

1884 JJ Harwood and Sons built a classic-style building at the corner of Marine Terrace and Mouat Street, known locally as the "old courthouse. The building was designed by Captain R E Wray in 1884.

The Key Players

Daniel Sloan (Erickson, 1988)

Sloan Daniel Erikson 2839 1846 F headsman Frem. Wh. Co. - Inq 19/8/1846 1847 F? - Frem. Wh. Co.? - Erikson 2839 1848 F? - Frem. Wh. Co.? - Erikson 2839 1853* CR headsman Heppingstone, R -Seymour nd. 1856 Port Gregory chief headsman Sanford & Harwood y GG 10/6/56 1857 B headsman Bateman, J y GG 18/8/57 1858 Port Gregory&CR chief headsman Harwood, J y GG 18/5/58 Not certain that Sloan in 1853 is same as later. Letter from Rockingham Hist. Soc. says he may have been an American whaler?

Joshua Josiah Harwood (Erickson, 1988)

Harwood Joshua Erikson 1394 [1837 F headsman? - - Erikson 1394] 1853 F owner/headsman Harwood, J - Inq 19/10/53 1854 F owner Harwood,J - Port Gregory 29/9/54 1855 F owner Harwood, J - CommN 17/5/55 1856 Port Gregory owner Sanford & Harwood - GG 10/6/56 1856 F owner Harwood, J - GG 16/9/56 1857 Port Gregory owner Harwood, J - Port Gregory 3/7/57

391858 Port Gregory owner Harwood, J - Port Gregory 18/6/58

1859 Port Gregory owner Harwood, J - Inq 27/7/59

1860 Port Gregory owner Harwood, J - Inq 2/5/60

Acted as headsman for most (?)of this time.

Erikson says he was a "crew leader" in a whaleboat at Fremantle in 1837, although based on his birth date of 1823, this appears a bit unlikely.

Back, Edward George (Erickson, 1988)

Erickson records Edward George Back who was born in 1817, arriving in the colony in 1934 as a 17 year old. He was the acting harbourmaster in Fremantle in 1842 at age 25, and 1844 (27), and was the pilot in 1846 (29), but was suspended for some reason in 1849 (32), but later re-instated.

He then became the pilot at Rottnest. It was around this time that Daniel Sloan was involved in some sort of rescue in a whale boat at Rottnest, so it is possible that this Back knew or at least knew off Daniel Sloan.

It is not possible to tell whether this Back or his son was at Port Gregory on 1860.

Problem with the following Back

Back, George Edward (Erickson, 1988)

He is recorded as having a son born in the colony on 23 rd February 1839 An E. G Back was on the “Troi Amis” when it arrived in Fremantle on September 20th. Erickson. who became a policeman at York in 1869, and it is highly likely this was the Back that went to Port Gregory, him then being 21 years of age working for Harwood as a carpenter.

There is only one other Back being recorded in the colony at the time is Thomas Henry, who is also the son of Edward G, who was born in 1844, so he would have only been 16 at the time of the alleged offences, and certainly not be employed as a carpenter. There is also no record of him being recorded as being part of a whaling party.

G. Back was recorded as a carpenter and registered under the Act as a Boat Steerer in the 1858 party recorded under the whaling Act (Gibbs, 1995). He would have been 19 at the time of his first season in Port Gregory, and just over 20 at the time of the court case. This is almost certainly the

E.G. Back recorded in the statements preceding the court case

Brakes, Samuel (Capt.)

Born 5/11/1815, Arrived June 1850. In 1854 was described as a labourer, mariner, and then in 1856 the registered owner of the "Perseverance" (Gibbs, 1995)26 tons. Semi Literate. The Perseverance called on a number of occasions at Port Gregory and Champion Bay over the next few years.

Crowther, Charles (Erickson, 1988)

Manager of George Shenton’s Store in Geraldton. He purchased it in 1867 when Shenton drowned off Geraldton.

Fancoat, Charlie

Reports from records at Dunfermline Prison, Millbank (1605) and Pentoville (4665) show Charlie, in all the prisons, to have been of good character and conduct. He finally left the port of Portsmouth on 2nd May 1854 on board the “Ramillies” and arrived in Western Australia on 7th August 1854 after a journey of 79 days. 280 other convicts were onboard. At Fremantle prison, Charlie was assigned the number 3104.

40In the convict database Thomas Lynch arrived on the “Ramilies” on 7th August 1854 occupation is listed as a boatman as was granted T of L in 1854

Table 2 (Fremantle Prison Records, 2007)

FANCOAT, Charles

Convict No 3104

Ship Name Ramillies

Ship Arrival Date 7 Aug 1854

Birth Date c1828

Marital Status Mar 1 chd

Occupation iron puddler

Literacy lit

Religion Prot

Sentence Date 28 Apr 1852

Sentence Place Perth

Sentence Province Perth

Sentence Country Scotland

Court Ct of Justiciary

Length of Sentence life commuted

Crime murder

Ticket of Leave Date 31 May 1858

Married Caroline BUCKINGHAM, 1871, Canning

Comments At Kelmscott District 1874

Charlie Fancoat was awarded his Ticket of Leave in 31st May 1858 (Fremantle Prison Records, 2007) under J.J. Harwood of Fremantle to work in the whale industry.

There is no official registration of Fancote working at Port Gregory during the 1858, 59, or 1860 season, and it is therefore highly unlikely he was part of the crew that Sloan worked with? If he was there it would almost certainly been In the capacity as a hand as there is no other prior history of him working in the industry in any ither capacity, although he could have been the cook in 1859/

41There is no formal of being part of a whaling party (Gibbs, 1995), although he could, and most probably was at Port Gregory for the 1858 season. He may have been also there in the1859, and 1860 seasons

Charlie's Conditional Pardon was granted in 1862. He then made his way out to Kelmscott where he worked with Mr Buckingham and became a pit sawyer in the district. Eventually he employed six other Ticket of Leave convicts from Fremantle. http://www.brandis.com.au/readers/colleen001.html

Green, Capt George (Erickson, 1988)

Recorded as being a builder, brick maker, and layer in the 1830’s and 1840’s (Erickson, 1988) He is reported as owning town lots G1 & G2 in Perth, and set up a new steam mill in William Street in 1864. He was the owner and at times the Captain of the schooner “Les Troi Amis” (44 tons) in 1858. He is also recorded as owning four other schooners. (Erickson, 1988).

He is described as a “mariner” in 1860 and obviously was making regular passages up and down the coast including several voyages to Champion Bay and Port Gregory each year.

He also qualified as a juror in 1860 with a £1500 pounds personal estate. Was he a member of the jury that convicted Sloan? He certainly would have known Daniel at Port Gregory having done several voyages to and from Port Gregory during the time Daniel was either the caretaker there, or as Chief Headsman there for the Harwood whaling party.

The Perth Enquirer records him and the “Les Troi Amis” being involved in an incident at Port Gregory when a number of convicts had escaped, where he assisted in their recapture despite being fired upon. See page 331 Erickson, also Perth Inquirer Wednesday March 2nd 1859 where is was reported that the “Les Troi Amis” had arrived from Shark Bay the previous afternoon, bringing four out of five of the runaway prisoners, Lacy, one of them having died, it is said by the survivors, of dysentery before the “Les Troi Amis” came up to them.

Mr Clifton’s boat was lost. It struck against the “Troi Amis” and was so injured (damaged) as to be useless. In consequence of the loss of the boat there was some difficulty in securing the runaways, they having pushed in to shallow water where they could not be followed. They were eventually starved into submission. They fired in to the “Preston,” (“Perseverance" under Capt Brakes?) and the police on board the “Les Troi Amis” fired at them, but no damage was done on either side. The men are now in the Establishment, and will be tried for being illegally at large with arms and company, in this colony, and for this class, a capital offence.

The convicts spent some time on their escape run at Port Gregory, but also fled there.

Hicks, Robert (Erickson, 1988)

Qualified as a juror in 1860 with 150 pounds personal estate. Lived in Suffolk St.(Fremantle?) Was a policeman in Fremantle, also hotel keeper and farmer in 1840's.

Hill, John

Hill is recorded in the Government Gazette as being a “hand in the 1956 to 1858 whaling seasons, working for J Bateman, who had been in partnership with Harwood at Fremantle, Port Gregory and Castle Rock

Harwood did not record any staff as having been registered in the 1959 or 1960 whaling seasons with the exception of himself as “owner” for the 1860 season at Port Gregory, and so there is no official record of all members of the whaling party owned by Harwood at Port Gregory.

A John Hill, born 1821 (Erickson, 1988), is recorded with an occupation as a policeman arriving in 1857, also a James Hill b1820, arr on the Berkshire on 13/3/1855 with his wife, and described as a labourer. He could be the John Hill being considered.

HILL, John Convict No 1233 Ship Name Marion Ship Arrival Date 30 Jan 1852 Birth Date 1832 Marital Status Unmarried Occupation labourer Sentence Date 1 Feb 1848 Sentence Place Clerkenwell Sentence Province Middlesex Sentence Country England Court 1 Feb 1848 Length of Sentence 10yrs Crime larceny from the person Ticket of Leave Date 31 Jan 1852 Expiree Nov

This could have been the Hill in question. He was granted a Ticket of Leave in Jan 1852 one day after he arrived, and could easily have participated in the seasons described in the Govt Gazette, and later in Harwood’s party at Port Gregory for the 1859 & 1860 seasons. His statement is qualified with the word "Expiree." The information recorded in the Govt Gazette as a John Hill was recorded as a whaling hand in the 1856 to 1858 whaling seasons.

Table 3 Whaling History of John Hill

HISTORY

HISTORY_ID Year Station Position Owner Contact Reference

416 1856 F&B hand Bateman, J y GG 29/7/56

417 1857 Port Gregory,F,B,CR hand Bateman, J y GG 9/6/57

418 1858 B hand Bateman, J y GG 20/7/58

HILL, John Convict No 4224 Ship Name Runnymede Ship Arrival Date 7 Sep 1856 Birth Date 1823 Deceased 10 Aug 1885 Place of Death Guildford Marital Status Unmarried Occupation hawker Literacy lit Religion Prot Sentence Date 1855 Sentence Place Taunton Sentence Province Somerset Sentence Country England Length of Sentence 14yrs Crime receiving stolen goods Ticket of Leave Date 21 Feb 1859 Known Areas Perth, Champion Bay. Note not Port Gregory

This could also be the Hill in question, however he didn't arrive until 7th September 1856 which is very late in the whaling season, and did not get a ticket of leave until 21st Feb 1859, which would still not have precluded him from participating in the 1859 and 1860 whaling seasons at Port Gregory, however this is inconsistent with the information recorded in the Govt Gazette as a John Hill was recorded as a whaling hand in the 1856 to 1858 whaling seasons unless of course there were two John Hills in the colony which is not unlikely

Hill John

1856 F&B hand Bateman, J y GG 29/7/56

1857 Port Gregory,F,B,CR hand Bateman, J y GG 9/6/57

1858 B hand Bateman, J y GG 20/7/58

Hill John

(alt Hill, James?)

1861 CB boat steerer Thomas, J y GG 18/6/61

1862 CB hand McKenzie, H y GG 29/7/62

Hodges, George Bell (Jr.)

Born 1822, died 29/5/1854. Arrived on the "Sulphur"June 1829 as a seven year old with his family (Check). Left the colony in 19/2/1845 on board the "Emma Sherrat" and returned in 1846.

He married in May 1846 as a 24 year old to Mary Withnall and had two children. Erickson reports he was in a whaling team at Fremantle in 1847. (25 years of age)

Mary Withnall and George Hodges were witnesses to the marriage of Daniel Sloan and Eliza Cowcher. Mary Withnall was apparently illiterate as she signed the above marriage certificate with a “X”

Hodges officially participated in the whaling industry as follows (Gibbs, 1995):

In 1846 and 1847 at Fremantle as Chief Headsman for the Fremantle Whaling. Company.?at Bathers Beach - Inq 9/8/1846 and in 1852 at Castle Rock (near Cape Naturalist) for -Heppingstone, R. Seymour nd.

Apparently he died in 1854i (needs checking) probably as a result of a whaling accident. It is interesting that Daniel Sloan changed whaling parties that year, and no doubt would have been distressed at the death of his long time friend and work colleague.

His widow, Mary (nee Whithnall) probably would have remained in close contact with Daniel’s wife Emma, and outlived her, and may have participated in the raising of Daniel’s younger children when they we orphaned..

The death date of Mary Hodges (nee Withnell) needs checking to see whether she was alive at the time of Emma Sloan’s (nee Cowcher) death

Howell, Nathan (Erickson, 1988)

The Defence Counsel

Sloan was represented in the court by a Mr Howell. Erickson lists a Nathan Howell born in 1832 the son of a Thomas Howell, a merchant of London arriving in the colony on the “Travancore” on the 13thJanuary 1853 at 21 years of age. He married on the 21stApril 1859 for the first time in the colony to a widow, Fanny Brown, the daughter of Henry and Mary Gilbert arriving in the colony on the “Simon Taylor in 1842 nee Gilbert,. Their first child, Thomas John was born in 1860.

At the time of the court case he would have been just 28, and a resident of the colony for 7 years. There were certainly no universities in the colony at the time and the first school that was any substance didn’t start until 1858 (Hale), so it must be assumed he did some legal training in England before he arrived, although this must have been pretty limited. Perhaps he was an article clerk.

Erickson records that Howell was called to the Bar at the St Georges Terrace and No. 1 Town Hall Chambers on the 18th June 1861 some 8 months after the Sloan Court case, and practised as a barrister and solicitor from that time until the 1870’s when he appeared to move to York for a year. He is recorded as being a member of “Oddfellows in 1861, and Good Templars Lodge 5 in 1874.

One would have to wonder whether Sloan was adequately represented in the court.

McFarland, Alfred (Erickson, 1988)

The Presiding Judge, Commissioner of the Civil Court.

Alfred McFarland arrived in Fremantle on the ship the “Spartan” on the 17th February 1858 with his wife Janetta Jeffreys who was born in Dublin along with some servants. They had a son in 1858 (Alfred William Jeffreys) presumably conceived in the colony, and a daughter Jane Agnes born in 1860. They settled at Strawberry Hill, and he became the Judge of WA .

He became very controversial following his threat to charge J. J. Harwood with contempt of court following his decision to not award damages to Harwood over the case of alleged interference to his whaling by an American whaling crew at Fremantle. See later chapter. Harwood wrote to the Perth Inquirer with a very long letter, and the Inquirer also did an editorial on the issue calling for the governor to sack him. Erickson reports that he resigned in February 1861 and then went to Sydney and practised as a barrister there.

The Supreme Court was set up in1861.

Scott & Gale, William

Owners of a store in Geraldton that some of the supplies were sold to. Was the Collector of Customs 1st Clerk at Fremantle from 1854 to 1857, also a Shipping master. Was a member of the Geraldton Agricultural Society in 1863 so must have had agricultural interests of some description in the Geraldton area.

Scott, Andrew (Erickson, 1988)

Arrived in 1847 as policeman, and later was granted land at today (10 acres) and 40 acres Geraldine Mining Company - Upper Irwin.

Scott, Daniel Henry (Erickson, 1988)

1850's Director of Geraldine Mining Company. Son of Captain Daniel Scott

Scott, Daniel (Captain) (Erickson, 1988)

In 1850's promoted business in Geraldton. He formed the Geraldine Smelting and Mining Company in 18?4. Confusing date here Erickson says 1864, however the mine started much earlier than that. He arrived on the "Calista " in 1829, and was harbour master from 1829 to 1851 when he resigned.

Seed, Francis F

(Fremantle Prison Records, 2007) Convict No 4026 Ship Name Runnymede Ship Arrival Date 7 Sep 1856 Birth Date 1832 Deceased 12 Dec 1860 Place of Death Vasse, consumption Marital Status Mar 1 chd Occupation attorney's clerk Literacy lit Religion Prot Sentence Date 1854 Sentence Place Lancaster Sentence Province Lancashire Sentence Country England Length of Sentence 15yrs Crime forging money order Ticket of Leave Date 23 Oct 1858

Shenton, George (Erickson, 1988)

Owned stores including store in Geraldton managed by Charles Crowther. (Erickson, 1988) He also owned the Geraldine mine in 1848 until it was nearly closed in 1860.

Also owned the White Hills mine near Northampton. He drowned in a boating accident off Geraldton in 1867.

Shenton, Arthur (Erickson, 1988)

Arrived in the colony aboard the "Trusty" 30/5/1841. (Erickson, 1988) He was the Government Printer in the 1840's, and later became a bookseller and stationer. In 1856 was a director of the Geraldine mine, and newspaper proprietor being the owner of the "Perth Gazette" which was the competing paper to the "Inquirer" He qualified as a juror in 1860 with 1500 pounds personal estate. Was he one of the jury in Sloan's case.

Shenton, George (Erickson, 1988)

A chemist in Perth (Erickson, 1988) and became a merchant, farmer, and owner of a copper mine at Northampton. He is also recorded as the owner of the "Geraldine" mine in 1849, in after 1866 as a director of the Geraldine mine. He obviously also owned a store in Geraldton where Sloan sold some supplies.

Symmons, Charles A.J (Erickson pp816)

In 1849 Protector of Natives and on Board of Public Works. Prepared a comprehensive report on the native prisoners escape from Rottnest Island. (Inq 1849)

Thompson, Christian

Born 1795 America died 11/1/1855 (Fremantle) Arrived early 1840's. Seaman employed Fremantle, Albany and other outports. (Erickson, 1988)

Thompson, Howard

born 1819 (America) Arrived per Bryant 1842. York Census 1859 was mentioned as a farmer, unmarried, literate and 4 others? ?Bunbury town lot 1866 (Erickson, 1988). Deckhand for Sloan on aborted trip to Rottnest in whaleboat in 1849.

Von Bibro, Charles

In 1840 described as a saddler and trader. (Erickson, 1988) In 1854 was associated with the "Royal Commercial" and the "Agricultural Hotel" in St Georges Terrace, and in 1853 had large leaseholds at the Blackwood River and at Port Gregory. He was the Postmaster at Port Gregory in 1856. He also had 10,000 acres of leasehold land in the Murchison, probably between Port Gregory and the Geraldine mine as there is now road in this area named after him. (Erickson pp861).Had horses entered into races the same week (Inq, 1859).

Also had racehorses particularly a bay gelding named "Warlock" which was entered into a number of races on the week beginning 2/3/1859. Harwood also had a number of racehorses

It is apparent that Von Bibro had some sort of a store at Port Gregory based upon evidence given by Wilson. This is consistent with him being the postmaster in1860. His brother Francis Lewis Von Bibro owned Dirk Hartog and Tamala stations to the North of Port Gregory.

Ware

Worked at the Geraldine mine as a storeman. The mine was owned by Shenton.

Charles Wilson

There is no record of any Charles Wilson’s being registered to any whaling parties

Either of the two Charles Wilson’s below could have been the Wilson that was the key witness in the Sloan case. Note Sloan in his court appearance states that the were entries in the from of a memorandum in the ration book were in the in the handwriting of the former cook at the end of 1859 so the Wilson we are interested was not at Port Gregory prior to 1860, at least not in the Harwood party

WILSON, Charles Convict No 370 Ship Name Mermaid Ship Arrival Date 7 May 1851 Birth Date 1832 Marital Status Unmarried Occupation brickmaker Sentence Date 1849 Sentence Place London

46Sentence Province London Sentence Country England Court Cent Crim Ct Length of Sentence 7yrs Crime larceny Previous Conviction prev conv Ticket of Leave Date 11 Oct 1851 Expiree 25 Feb 1856.

Discounted as the Charles Wilson in the case as he was an Expiree on 25/2/1856.

WILSON, Charles Convict No 4523 Ship Name Nile Ship Arrival Date 1 Jan 1858 Birth Date 1818 Deceased 3 May 1886 Place of Death Mt Eliza Marital Status Mar Occupation labourer Literacy lit Religion Prot Sentence Place or London Sentence Province Sebastapol or London Court Gen Cts Martial or Cent Crim Ct Length of Sentence 14yrs Crime or manslaughter Ticket of Leave Date 26 Mar1859 Known Areas Perth

WILSON, Charles Convict No 5539 Ship Name Sultana Ship Arrival Date 19 Aug 1859 Birth Date 1832 Marital Status Unmarried Occupation hairdresser Literacy lit Religion Prot Sentence Date 1857 Sentence Province Durham Sentence Country England Length of Sentence 4yrs Crime stealing from the person Ticket of Leave Date 16 Feb 1860 Known Areas Perth

Appendix A - Transcripts of Statements taken 24th September 1860 prior to the committal hearing.

**Transcription Note: In the original this is continuous prose (i.e. without spacing or paragraph breaks. Underlining is as per the original handwritten statements.

To make the material more readable I have introduced some paragraph breaks, without changing either the order or nature of the text itself.

Items in “Italics” are interpretive notes added by the author for clarification.**

J J Harwood

The information and complaint of Jos J Harwood taken on oath this 24 day of September in the presence and hearing of Daniel Sloan saith.

I charge Daniel Sloan with having wilfully embezzled and made away with some flour and potatoes, my property, also some whale line and meat, the same having been left in his charge at Port Gregory.

He was paid one pound per week to take care of and look after my property.

On or about the 4th day of May 1860 Sloan told my cook (Mr Chas Wilson) to fill him a bag of flour from my store, the said flour being in charge of Sloan, and sold it to a man of the name of "Ware," belonging to the Geraldine mine. (The Geraldine mine is a lead mine on the banks of the Murchison River approx 50Km away.)

I am deficient about six hundred fathoms of whale line which I charge him with having taken away and with having sold some portion to Mr "Bibro." I also charge him with having sold some of the meat, 1/2 a sheep, to a man of the name of “Ware”.

I wish Sloan to be apprehended and brought forward to answer the charge. I further charge him with taking and making away with about ½ a ton of oil, also about 13 casks and several bags.

He had power to send for, or buy in my name provisions but had no permission to sell any of my property whatever.

On account of the flour, potatoes and other provisions left to his charge, and which he has made away with, as stated, was entered in the journal delivered to him when he took charge and the said entry had been torn out of the said journal while in his charge.

Joshua J Harwood.

Before us

Thos Brown JP

George Clifton JP

Adjourned until the 25th Inst

Charles Wilson

Chas Wilson T. L. on oath Saith

I was cook to Mr Harwood’s party at Port Gregory this season.

I arrived there on the 3rd of May last and found on examination that there was no flour or provisions of any description at the station.

The station was in charge of Daniel Sloan.

When we arrived, some casks of flour and other provisions were taken down (up?) on the (schooner) “Mystery” along with the whaling party, and myself as cook, and landed the same day we arrived.

On the (following day - struck through) 15th day of May (some 12 days after arriving) “Sloan” told me to fill a bag of flour from the stock in store. (There is a discrepancy here with the statement of Harwood who said the flour was loaded on or about the 4th May, and the statement also originally said that) I did so, it weighed 200lbs and "Sloan" told me he had sent it to "Mr Ware"

Sloan brought line whale line for me to weigh. Sloan said it was about 9? fathoms, he sent it to “Bibro” in his spring cart.

I received 1/2 a sheep from Captain Hick’s for the use of the party and Sloan told me to give it to “Mr Ware” (presumably the same Ware who received the 200lbs of flour) and I did so.

I saw some salt go away from the station in bags, there was also a quantity of salt in casks, which casks I believe were Mr Harwood’s.

The casks were taken away before the party left (the fishery at the end of the season) by the direction of “Sloan” who I believe sold the salt and casks to “Mr Brakes” –

On the 30thof June last, (2 months after they arrived) Sloan killed a whale.

I last saw it on the beach, I took some blubber from it and tried it out for the use of the kitchen and the remainder I put into kegs. Sloan said it was Mr Harwood’s oil, I also saw Sloan and some of the other men trying out oil and saw him measure out 4 gall (gallons) of this oil and send to “Mr Bibro”

There was some oil sold on a Sundy to some people from the country by Sloan I also saw him measure five gallons a few days before we left which was sent to “Mr Bibro” (This is probably the same Mr Bibro who also received the whale line)

Also when we left Port Gregory in the “Troi Amis” about the middle of this month, (Statement was taken on the 25th of September 1860 so it is reasonable to assume the departure time was on or about 15th September 1860) I saw one pork cask and several kegs full of oil on board. The cask and kegs with the oil came from our station and I believe from what Sloan previously told me, it belonged to Mr Harwood.

This oil was landed at Champion Bay on our way here (presumably Fremantle) and I heard that some was sold to Scott & Gale and some to W Crowther.

Sloan was drunk at this time, and we had nothing to eat. I applied to W Crowther for some rations who informed me that Sloan’s wife had drawn the balance and that he could not give me anything.

The book marked NIT? was handed to me by Sloan to keep provision accounts and I never tore any leaf out of the book, nor was it torn out at the time I delivered it to Sloan on leaving the station this season.

September - 25 - 1860 Charles Wilson

Before us.

Thos Brown JP

George Clifton JP

Sep -25-1860

Edward Buck

Edio Buck, (Free), on oath saith

I am a carpenter and employed by Mr Harwood and had been sent down (up in modern Australian terms– as it is reasonable to expect that at the time any geographical references in Australia would be “down” for anyone who had emigrated from the Northern Hemisphere) to Port Gregory to do some work for “Mr Bibro”.

I was there at the breaking up of the fishery last year. (He refers to the killing of the whale as this years so it can be assumed that when he refers to last year it was the 1859 season) Sloan had charge of the station at the time.

There was some flour in barrels? -I recollect one barrel? quite well I also saw some potatoes there.

I recollect Sloan and Party killing a whale this year they __(apparently?) tried it out and I bought about 11 gallons from the party. I asked Sloan if I should be doing wrong? in buying it and he said I should not. He had sold some of his.

I was at the station this year when it was broken up about the middle of this month (September) and came with the party to Champion Bay.

I saw on board the “Troi Amis” a pork cask and some kegs of oil which were taken from the station. This oil was all sold at the Bay.

I heard him, Sloan tell his wife that Crowther had offered him 5/6 a gallon for it, Sloan owned the oil in the pork cask to be his. Sloan let me have for Mr Bibro 9½ fathoms of whale line.

I think the whale killed by the party would have produced about 2 tons of oil.

E Buck

Before Me

Thos Brown JP George Clifton JP

Francis Seed

F. F. Seed on oath Saith

I keep W Harwood’s books.

When the fishing broke up this season Sloan on arrival, handed me the two books now produced the

log book states that the whale was eaten up. I asked him if any oil had been saved for W Harwood and he said not a Sup?. He further stated that it would not pay to try out the oil from the whale although they had not been doing any thing for 13 days

I previously knew that a quantity of oil had been procured from this whale and asked him repeatedly if any oil had been tried out by any of the party and he distinctly told me non whatever.

I have examined the books carefully and find no entry of oil taken or of oil sold or of whale line sole on rations nor is there any entry which he has lent or sold any casks.

I particularly asked him if there was any transaction connected with the fishery which was not entered in his books and told him if there was, to give me an account of it.

He told me in reply that the only thing he had omitted to enter was the purchase of two pairs of trousers and 3 pairs of blankets from W Crowther.

When the book was sent to Sloan this season it contained an entry of provisions left at the station in Sloan’s charge at the end of last season.

This entry was taken out of the book before it was handed to me by Sloan this year.

(The following is in different handwriting)

From the entries in the books there was a balance of 6 bags of flour and 1 Hhd (hogshead) of flour since which we have sent down 2 bags of flour before the fishery commenced – Since the fishery commenced two tons 16 has Cwt (hundredweight) been sent down to the station.

Thos Brown JP

George Clifton JP

John Hill

John Hill, Expiree on oath saith I belonged to Mr Harwood’s whaling party this season I recalled? heading up 13 casks 11 hds (hogsheads) which belonged to Mr Harwood, they were filled up with salt by order of Sloan

These (Three?) casks were sent on board the “Mystery” Samuel Brakes Master – the salt was sold to him

I saw some oil on board the “Troi Amiss” in small casks which came from the fishery.

I helped to take blubber from the whale and tried it out and sold it because others did so.

I sold two gallons of oil tried out from the lips and head of the whale to W Bibro.

John Hill (Signed)

Before us

Thos Brown JP

George Clifton JP

Transmitted to the Hon the Advocate General in the absence of the crown solicitor

26-9-60

Statement of the Accused (at the Committal Hearing - 25th September 1860)

Daniel Sloan stand charged before the undersigned two of her Majesty’s Justices of the Peace in and for the Colony aforesaid this 25 days of September in the year of our Lord 1860 for that said Daniel Sloan did during the whaling season of this year did wilfully embezzle a quantity of flour, whale oil, whale line, caskets, meat, the property of J J Harwood and the said charge being read to the said Daniel Sloan and the witnesses for the prosecution,

J J Harwood, Chas Wilson, Edio Back and John Hill, being severally examined in his presence, the said Daniel Sloan, is now addressed by us as follows:

“Having heard the evidence do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you on your trial; “

where upon the said Daniel Sloan saith as follows:

“I deny any thefts.”

Taken before us at Fremantle the day and year first above named

Thos Brown JP George Clifton JP

Daniel Sloan was this day committed to taken his leave for his offence at the next Quarter Sessions

Sept 25 1860 Thos Brown JP George Clifton JP

Appendix B -Transcript of the Article that appeared in "The Enquirer and Commercial News" on Monday 8th October 1860 (Unedited)

The following is an exact transcript of the article published in “The Perth Enquirer and Commercial News” published 8th October 1860 (Inq, 1860)

Note: Paragraphs and names have been altered to make easier reading, and known spellings of individuals mentioned in the evidence.

Quarter Sessions

Before His Honour A. McFarland Esq., and a Bench of Magistrates.

MONDAY, OCTOBER 8th 1860.

Daniel Sloan, charged with stealing or taking away certain articles the property of his master, Joshua Harwood, at Port Gregory.

Joshua J. Harwood, Builder, at Fremantle. — Prisoner was in his employ as a servant, and was in charge of the whaling station at Port Gregory, with the surplus stores, at the close of last year.

His wages were £1 per week. His duty was to protect the property and stores.

Had been headsman to the party.

Never gave him permission to sell. The property chiefly consisted of flour (six bag's and 1 hhd), potatoes, whale line and rope, and casks — about 50 tons.

Prisoner had a list of the articles at the end of the season, and also of goods shipped in May, I860, consisting of provisions for the whaling season.

Cross-examined by Mr Howell.—Never gave him authority to exchange, sell, or borrow. The fishery was too well supplied to justify his borrowing.

Is not aware that he did borrow, and he never told witness that he had done so until he was before the committing magistrates.

Missed a number of casks.

Sloane did not send to him salt in casks.

Did not know whether Sloane sold a quantity of salt to Brakes.

Did not know whether the handwriting in the paper produced (a receipt for salt) was Brakes’, or whether the signature is Brakes’.

Charles Wilson, — Was employed as cook for Mr Harwood's station, in May last.

Went to Port Gregory in the “Mystery.” There was on board a quantity of rations, consisting of flour, meat, tea, sugar and rice.

The provisions were all delivered to Sloane upon arrival at Port Gregory, and were put into Mr Harwood’s store.

Weighed 200 lbs of flour, which prisoner told him was to go to Mr Ware's. It was sent away and was not brought back.

Was constantly at the station, and it could not be returned without his knowledge.

Some time after, Sloane told him to weigh out 20 lbs of beef for Ware, and that Captain Hicks would replace it.

Ware took the beef, and 21 lbs of mutton came in its place.

The mutton was given to Ware by Sloane's orders.

Ware had nothing to do with the whaling station.

There was a great quantity of salt sent away.

Brakes took a great quantity, and some came to Fremantle in the same vessel with witness.

Part was in the fishery, and some in a store belonging to Mr C. Von Bibro.

Some of the salt was in bags and some in casks.

Does not know whose property it was.

It was taken from the Fishery, prisoner being chief headsman at the time.

The casks were new.

Does not know whether any of the casks brought by them were sent away.

Recollects a whale being caught by Harwood's party.

Took several pieces of blubber and tried them out for the use of the kitchen, and put the oil in a small keg.

Sloane told him that the oil was the property of Mr Harwood, and that witness was not to dispose of it

Brought 5 gallons of this oil to Mr Harwood.

There was a good deal of oil tried out.

Saw some of it put into cans.

Four gallons were sent to Mr C. Von Bibro.

Plenty of oil was put into small kegs, but could not say where it went to.

Believes some of it was sold, but docs not know it for a fact.

Sloane told witness there was 25s for him if he would sell the 5 gallons in his possession. That oil was Mr Harwood's oil.

Some oil was put into cans by the direction of Sloane, and given to Mrs Martin. It was carried away in a cart.

Came back in Green's vessel.

There was some oil on board; some in pork casks and kegs. Some belonged to Sloane; it came from the Fishery. The oil was taken ashore at Champion Bay and did not come back.

Believes it was sold, part to Scott & Gale, and part to Crowther.

Kept a book by Sloane’s orders, for the purpose of putting down his rations.

Half a leaf had been torn out of that book since he delivered it to Sloane's wife. There was something written in the part torn out. Never saw the book afterwards, until at the Police Court.

Has booked 700lbs flour. 200Ibs of flour was sent away by Sloane's order, and was booked to him and charged to him. Never booked the 21 lbs of mutton. Only kept an account of the rations of Sloane.

Was never told to enter the mutton.

Did not make any entries of salt delivered. He was not told to so. Nor an entry of the casks sent away. He had nothing to do with them, nor the oil, nor the bags. They were never in his charge.

By Mr Howell – Can’t say what was on the paper torn from the book. Sloane was entitled to draw rations, and they were charged to him. Upon delivery they became his own property. The 200lbs of flour was charged to him. Had nothing to do with the oil. The four gallons sent to Mr Bibro was whale oil. There was no shark oil. The oil belonged to different men.

Brakes took away perhaps 7 or 8 tons of salt. Does not know whether it was sold to Brakes.

Ware kept the stores of the Geraldine Mine. Does not know whether they were hard up for provisions at the Geraldine Mine at the time.

Had a bag of flour from Mr Bibro for the fishery. Run short of meat once or twice. Sometimes had to send to Champion Bay for meat, and afterwards to Mr C. Von Bibro.

Re-examined – there were no provisions in store when they arrived in May.

By the Court. – Ware took the beef and the mutton in a bag. The mutton came in the “Preston” from Champion Bay. It was delivered to witness for the use of the men.

Edward Back, carpenter in Harwood’s employ, -went to Port Gregory last June, and was present at the breaking up of the Fishery. Sloane was in charge.

There was one barrel of flour lying outside the house. Was working at Mr Bibro’s on account of Mr Harwood.

Mr Bibro requested witness to ask Sloane to let him have some line. Asked Sloane for it at the fishery, who gave him 9 ½ fathoms of line. Mr Bibro told witness to say that he would settle for it, and Sloane said he would have to put it down.

Recollects that a whale was caught and sunk.

Cross examined – Sloane said he would have to put down the line. Never carried any other message from Mr Bibro to Sloane.

F. F. Seed, Book-keeper to Mr Harwood

Sloane on arrival at Fremantle, handed over the three books produced; first, a log book in which everything relating to the fishery was supposed to be entered. There is an entry about a whale in the handwriting of prisoner, (an extract from the log book was read, from which it appeared that a whale was killed on the 30th July, that it sunk, and that subsequently it was found on the beach on the 2nd August, completely eaten up by sharks).

Witness asked Sloane whether he was sure that the entry was correct. He said yes. That the whale was completely eaten up, and that he was quite sure they had not saved “a sup” of oil.

Asked Sloane why they had not tried to save something. He said it was not worth while. He also said that no other person had tried out any oil from that whale.

In the second book, Sloane ought to have entered everything that came to or left the fishery. Had not done so; said he was no scholar, and it was the cook’s book and he handed it to the cook.

In the third or ration book, there was no entry of oil sold. Asked what had become of the rations last year. There was no entry of the 21lbs of mutton, whale line, salt, bags, or casks.

Prisoner said nothing was omitted except two pairs of trousers and a blanket which he had drawn from Mr Shenton’s store. There was a piece torn out of the ration book. When the book was sent down at the commencement of the season, there was a memorandum in the handwriting of the former cook, of the rations left in charge of Sloane at the end of 1859.

That memorandum was missing, and the articles had not been accounted for. Recollects that among the stores were 6 bags of flour, and a cask containing two bags of flour. When the party arrived at the commencement of the season, all the stores had disappeared.

Sloane never said he had shark oil. Believed that all shark oil would belong to the proprietor of the Fishery, as Harwood told them so.

Sloane never said he had exchanged mutton for soap.

Saw some little kegs of oil on board the Troi Amis, some belonged to Sloane, and some to the Fishery. Recollected the whale being killed. Never saw any blubber.

Took some of the lip, and tried it out in the pot belonging to the fishery, and sold the oil.

Cross-examined — Could not say how much oil was taken from the whale. Sloane was in his house, he did not take any oil. but his boy did.

The whale was four miles off. Three of the men got 6 gallons of oil. Does not know whether Sloane was aware of this.

When the headsman abandons a whale anyone can make use of it.

Shark oil had been got by Sloane and other headsmen, and they sold it. No shark oil had been sold to Mr Bibro. They ran short of provisions at the Fishery, and Sloane borrowed a bag of flour from Mr Bibro. The casks were lent to Brakes to carry the salt as far as Sharks Bay.

This closed the case for the Crown.

Mr Howell contended that the goods were lawfully obtained and that their subsequent appropriation did not amount to larceny.

If he had not been guilty of larceny, he had been guilty of embezzlement, and upon one or the other charges he must be tried.

Mr Howell addressed the Jury on behalf of the prisoner, stating that the 21Ibs mutton was exchanged for soap, of which article the fishery was at that time deficient.

The Advocate General, in reply, contended that there was no evidence of this fact.

Verdict—Guilty. Sentence—5 years penal servitude.

Appendix C - Colin Sloan's Account of Early Sloan History

Colin Sloan, (Grandchild of Daniel Sloan and my Uncle) provided a account of the Sloan family history in Western Australia to the Kwinana Historical Society (Sloan, 2006) at a commemoration service at the East Rockingham Cemetery on the 25th Oct 2006.

The text of the presentation is reproduced in full below without editing.

Early Sloan History

Any story of our Sloan family in WA can only start from the arrival of Daniel Sloan in Fremantle early in the 1840’s, on an American Whaler. All we know of him before he arrived here was he was born in 1815 in County Cork, Northern Ireland; was a Protestant; literate; very able bodied and a highly qualified Mariner with a lot of experience in a very tough occupation of whaling. We know he then became a ferryman or water taxi; transporting people on the river as there were no roads there yet.

His future wife Eliza Anne Cowcher the 2nd daughter of 8 children of the first Doctor in the Colony had arrived on the 6th of July 1830 on the “Medina” at the age of 3 years with her family. They settled in Guilford as there was insufficient work for a doctor in Fremantle originally and he applied for and was granted a ferry licence in 1831.

By the middle of 1831 his capital and food supply were exhausted and they were in such a desperate plight he had to request help from the Colonial Secretary but then had to borrow flour as they had been without for a week and the captain would not release the supplies sent till the cartage of 15/shillings was paid. He returned sometime after 1833 to practice in Fremantle & died there on 17th May 1840 aged 40. His wife lived on for 36 years and died in 1876 at 89.

Daniel married Eliza on the 26thof May 1846.

There first son James Daniel was born on 22nd of March 1847 a very respectable ten months later and eventually after working down in the country, certainly with the Cowcher family in the Williams district at first; he met and married Margaret Pratt on the 21st of December 1876, Nobody knows where they lived for the next ten years but from then on he had several business’s in Bunbury including the Federal Hotel. They had nine children and many descendants who still live in the district. He died very highly respected in Bunbury in 1924 at 76.

On the 27th of Oct 1847 Daniel and a George Hodges offered in an advertisement in the “Enquirer” to pull a whaleboat against any party in Perth for the sum of 20 Pounds. Apparently nobody was game enough to take them on.

Their first daughter Eliza Francis was born on the 14th of Feb 1849; she married Charles Salter of a well known Pinjarra family in 1867, had 8 children and died there in 1933.

On the 10 of July 1849 Daniel was one of the men in charge of some kind of rescue mission to Rottenest in a whaleboat in bad weather.

On the 28th of August the same year he was signed up by a D. Scott Esq with the same George Hodges as above as the two Chief Headman for a whaling party.

Their second son George Samuel was born on 27th of July 1851 (my grandfather) and he married Emma Eliza first surviving daughter of twelve children of Thomas and Elizabeth Smirk on 22nd of April 1880. But more about them later.

On 6th November 1851 Daniel was locked up for being drunk & fined an unspecified sum.

On 23rd of December 1851 he suffered the same fate and several others in the same month received 4 to 7 days; some in solitary confinement.

A year later on the 25th of December 1852 Daniel; along with several others described as colonials and two pensioners were locked up for being drunk and fined 5/-shillings but a Ticket of Leave man was fined £2 for being drunk & disorderly so at least he was well behaved. So we might assume it had

58been a great Christmas Eve Party that carried over past midnight to Christmas day when Pubs should have been closed.

He was fined 5/- on the 2nd March 1853 for the last time. Many seamen earlier in the month got up to 12 week hard labour for very trivial offences and only one ticket of leave man was lucky enough to be admonished.

Their 3rd son Daniel was born on the 20th of Nov 1853 at 3.00AM at Mallabuck and lived most of his life & died in Pinjarra on the 12th of Sep 1907 aged 54. Does anybody know where “Mallabuck” is?

He was the only child not born in Fremantle.

Their 2nd & 3rd Daughters were born in 1857 & 1859 in Fremantle.

In between 1849 and 1860 Daniel was involved in whaling and we know he was paid £1 a week as caretaker of a whaling station at Port Gregory from the previous season to the beginning of the whaling season in the middle of 1860; his wife was there too and almost certainly his family.

On the 3rd of May a cook, along with provisions and the rest of the whaling party arrived on the “Mystery”. On the 30th of June Daniel killed a whale and they landed it on the beach; it produced 2 tons of oil.

About the middle of September the whaling party broke up and they left including Mrs Sloan on the “Troi Amis” and according to the cook took several casks of oil aboard that was landed at Champion Bay and he later alleged that he heard that Daniel had sold the oil there and that he was drunk at the time.

On the 25th of September Joshua Harwood the owner of the whaling station charged Daniel with “wilfully embezzling and making away with” some flour, potatoes, ½ a sheep, some whale line, several casks, salt and some bags.

The cook made a long statement detailing several of the things he alleged Daniel had sold to various people while he was in charge. A carpenter working for Harwood who was on the boat said he bought about 11 gallons and heard Sloan tell his wife someone had offered him 5/6 pence a gallon for the oil.

Harwood’s bookkeeper alleged the page of the journal with details of the provisions missing had been torn out while in Daniels care. A John Hill also working for Harwood said he helped try out the oil and took some and sold it because others were doing so.

Daniel was committed for trial on the 25th of September and sentenced to 5 years Penal Servitude on the 8th of October 1860 and become colonial prisoner No 5580.

On Saturday the 2nd of March 1861 at the request of the Reverend Mr Johnstone; Daniel was allowed in the company of a warder to visit his dying wife from 3.00 til

7.30 pm. Eliza Francis married Daniel at 17 years old and she died later that night aged 32 of measles and he was allowed to visit again the next day to see her body. On the 4th he was allowed to stand at the outer gate during the passing of his wife’s funeral.

His Daughter Ellen of 4 years died likewise on 23rd of March at Fremantle and his youngest daughter Emma of 2 years died of “decline” at Pinjarra leaving James 14, Eliza Francis 12, George Samuel 9 and Daniel 8 years old with only there Grandmother and her family to care for them. None of them had a days schooling in there lives and the elder boys started out as shepherds with the Cowcher families around Williams.

On the 31st of August an unsuccessful appeal was made for his release but it was not until another appeal on the 8th of January, backed by a statement by a Mr Wellard of Fremantle that the Governor saw fit to remit the remaining part of the sentence of Colonial Prisoner Reg No 5580 and Daniel Sloan received a full pardon and was released on the 8th of January 1862.

That is the last we know of him from official records and as his surviving family didn’t pass on what he did then or where he went. It seems very likely he took up his profession again as a first class seaman on a passing boat as his family were farmed out to relatives and we know Dr Cowcher’s wife was almost certainly living in Fremantle and lived onto die on Dec2nd 1876 at 89 years.

In July 1862 the American whaler “Cochitate” was whaling near Esperance and called at Rockingham to take on jarrah sleepers and later wool from Pt Maud and must have foundered in a cyclone off the NW as timber, tallow and wool was washed ashore and identified as her cargo and she was classified as lost with all hands possibly taking Daniel with her.

Now to continue the story of George Samuel (son) and Emma Eliza (Daughter in Law) nee Smirk. Her mother was the midwife in the district of Rockingham and it was known that she never lost a mother or baby. Emma as a girl went with her mother and assisted. George after working on various farms including relatives as did his brothers from an early age. On the1st of March 1882 two year after they married he applied for and was granted the 40 acres where the present Sloan cottage now stands.

I can remember when I used to visit Grandma Emma & Uncle Len as a small boy, walking up through the large orchard of figs, grapes, loquats & stone fruit past the old wooden cottage that was then further down the hill near a huge mulberry tree. My father told me the older boys used to sleep in the barn as neither the old wooden house that had only two rooms like the typical Irish cottage or the present “Sloan’s Cottage” made of limestone was big enough for them all. Dad was always very economical with water as they had to draw it from the well and carried it up to the house by the bucketful until they were able to buy a windmill that Dad remembered cost £ 96 a big some of money in those days.

George kept cattle, bred horses, milked cows & carted his fruit & vegetables 18 miles to Fremantle Market by horse & cart; a full days journey for a very good horse. Most pubs in those days had a water trough outside for the horse’s to drink and a compulsory stop would have been the old Newmarket Hotel on his way home. Apparently the horse was frequently given more than ample time to drink, especially in hot weather and George returned home in a merry state to a bit of the old “hot tongue and cold shoulder” . He won a lot of prizes for his produce and horses at the Coogee agricultural show as the black peat swamp with the addition of the cow manure from the cows that were locked up especially each night and the natural irrigation provided by planting further down near the water as the summer dried it out.

They lived very respectable and my Father recalled that they were not allowed to work on Sunday and all had to dress in their best clothes and go to church up till when they left home. He also recalls spending a lot of time and walking many miles to catch the horses for his older sisters when they wanted to go out.

Unfortunately George’s life was cut short on the 1st of April 1918 by a tragic sulky accident at the age of 66. He had taken his wife on a round trip from Sloan Cottage to Jarrahdale where Emma’s parents had moved to; then to Williams to visit the Cowcher’s and back to Pindalup to visit his Sister Eliza Salter and had just left there when they hit a very deep rut in the track that tossed them out of the sulky and he was run over by the iron tyre and received a broken back and died at the Pinjarra Hospital while his wife only got some abrasions to her legs.

Very recently I received a copy of an article in a local paper concerning the accident and funeral that was found by John Pascoe in his extensive research of the Sloan family along with Glynis Haliday; two members of the branch of Sloan’s descended from James Sloan who went to Bunbury. This article shows that James rode his horse up from Bunbury to attend the funeral and how highly respected George was throughout a large area.

I thank them because without their help I would never have had access to the material necessary for this story. The family portraits & snaps I got copies of from cousins and second cousins. The most remarkable I can show you is; one great one of Daniel himself complete with identifying scars and another of George and all his family except David the eldest who was already away working, outside the old original wooden house.

Appendix D - Value of Goods in Question

The press of the time regularly quoted prices of commodities. These are included to give an idea of the value of the goods allegedly embezzled by Sloan. (Inq, 1860). These are the prices quoted on Wednesday 19/9/1860 the day before the “Troi Amis” arrived in Perth.

Flour per 200lb Bag (local) £2/8/

Flour per ton (local) £23

Flour per 200lb Bag (local seconds) £2/6/-

Flour per ton (local seconds) £22

Soap, per lb 6d

Beef, per lb 6d

Beef - prime, per lb 7d

Mutton, per lb 6d

Whale Oil, per gallon 4/6

Manilla Rope, per lb 1/

European Rope, per lb 1/3

Appendix E - Jurors qualifying in 1860

Green, Capt £1500

Hicks £150

Shenton, A £1,500

Harwood, J £1,000

Appendix F – Harbour Master’s Letter to the Governor

Fremantle 12th February 1849

Harbour Master Office Fremantle 12th February 1849?

Sir,

I beg to forward you for the information of His Excellency the Governor, the enclosed statements of, the enclosed statements of "Sloan and X(A, S, I, ? H?) Thompson and hope their explanation will prove sufficient.

I have the honour to be Sir Your Obedient Servant Daniel Hill? Harbour Master

The Honourable The Acting Colonial Secretary

CSR VOL 192/15

Appendix G – Daniel Sloan’s Statement 10th Feb 1849

Fremantle 10th Feb 1849

Daniel Sloan on his oath states that they left Fremantle in Company with the Harbour Master? on the 1st day of Jan'y? about noon? -------it blowing then from the South and fresh, when about four miles from the land the wind and sea increased.

I then called to Thompson and asked him if we would reach the "island," he then replied "not without making a tack" which would make us late before we reached --- then we should not be able to return the same day.

63(alternative)

I then called and said to Thompson I do not think we shall reach the "island," he then replied "not without making a tack" which would make us late before we reached --- then we should not be able to return the same day.

Mr Symmonds then made a remark that sea was running high and asked me if I thought we should have a land breeze in the morning.

I said I think we shall.

Mr Symmonds then replied we had better go back and start early the next morning.

Had Mr Symmonds not been in the boat I should? have took? over ? and? reached the Island, but it would have been late at night but we would not have been able to have returned that day.

Sworn before me (signed) Daniel Sloan

Appendix H – Howard Thompson’s Statement 10th February 1849

Fremantle Feb'y 10th 1849

Howard? Thompson solemnly states that he remembers? make? -------- in the Harbourmaster's boat on the 1st of January in company of Mr Symonds it then blowing from the Sth? with fresh breeze. They proceeded about 4 miles when the sea and wind increased.

I heard Sloan say they would have more wind, and that they would have to make a tack to reach the island, which would make then late before they reached the island and had they done so could not have returned the same day.

Had not Mr Symonds been in the boat I am sure we could have made the passage easily.

I ----upon myself to note what conversation took place between Mr Symonds and with Sloan. I was forward attending to the head sail.

------ Jp

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