The Story of John Gall
A Brechin Man Sentenced To Life Imprisonment And Transportation
To The Penal Colony Of Hobart Tasmania (Van Diemen's Land)
For The Term Of His Natural Life
(by Eric Wm. Walker)
INTRODUCTION
John Gall was born in a house in the Timmer Market, now Market Street, Brechin, Angus, Scotland, in 1803 and was married to his wife Margaret Smith, who was also born in Brechin in 1802, at Brechin Presbyterian Church on 5th February 1823.
Their first home was at a cottage at Stannochy Farm, one mile South of Brechin, where John was employed as Cattleman.
Their first child, Jean Gall ,was born at the cottage, which still stands at present, on 11th February1824, and was baptised before the congregation on 29th February 1824. A second child, David Gall, was also born at Stannochy Cottage on 9th April1825 and baptised before the congregation on l7th April 1825.
Stannachie (Stannochy) Farm near Brechin. The cottage with the light red roof (directly below the dot at top centre of the picture) was home of John and Margaret Gall and their first two children.
John and his wife and two children moved to Unthank Farm, where John was employed as Cattleman during the new Feuing Term, known locally as "Feeing Term", in Autumn 1825. They lived in 2, Unthank Farm Cottages, one mile north of Brechin.
Unthank Farm, 1 mile east of Brechin on the A90, where John lived with his wife and three children in 1826 and where he worked as cattleman before his fateful trip to Aberdeen and Kincardine O'Neil for cattle.
There on 3rd June1826, their second daughter, Mary Anne Gall, was born, and, as her brother and sister had been, was baptised before the congregation at Brechin Presbyterian Church on 11th June 1826.
A fourth child, John Gall, was born at Unthank and was baptised in the family home at Unthank in front of witnesses Alexander Jack and Margaret Milne and baby John's mother, John Gall the husband and father being absent. Young John was born on l9th October 1827 and baptised on 3rd November 1827.
The reason for the absence of John Gall Sr. at his son John's baptism was that he was a prisoner on a Hulk, a dismasted sailing ship, riding at anchor in Aberdeen Harbour awaiting transportation to a Convict Prison Ship to Van Dieman's Land (Tasmania) an island a short distance South of Australia. John Gall was about to be taken on a journey thousands of miles from his home in Brechin, never having seen his fourth born child; a journey to a land from which he was never to return to his family and friends in Brechin; a journey which must have seemed to have taken him through the very "Gate of Hell" itself.
The reason for his fourth child John not having been baptised in the church from where he and his family and their families before them had faithfully worshipped is quite clear. Anyone having broken the law, or any mother with a child born out of wedlock, and for many other reasons, was no longer considered fit to be associated with or receive the comfort or blessing of the Church, at least in Scotland. They were considered by the ministers and elders as Persona Non Grata and in days gone by this could cause much harm to otherwise innocent people. Thankfully now, people are more independent and better educated and take no notice of such stupidity. As our national poet said "Mans Inhumanity Tae Man, Makes Countless Thousands Mourn".
Before we go further, we should know a little more about John Gall and his family and their way of life in Brechin City of the early 1800's. I have already discovered much about the families of John and his wife Margaret's ancestors and their descendants from the 1600's to the present.
There is far too much to enter here, but should any relative of the family wish to have more information, they have only to contact me and I shall send the relative details to them. No charge shall be necessary, provided they are relations.
BACKGROUND
John Gall was born in Brechin in 1803 and died at Allansford, Victoria, Australia in 1880. He had many relatives in and around Brechin and according to records was a popular and hard working young family man who had many friends and was a well known and popular customer of the Cross Guns Inn at the Timmer Market.
Cross Guns Inn stood in the white house (to the left of white van in picture). The house on the left-side foreground was home of Gall families in the 1800s.
The Inn, now long gone, stood across the street from Maisondieu Lane. In it's place today a shop has been erected for supplying electric fencing to the farming industry. The Popular 'Mine Host' at the Cross Guns was James Walker who was popularly known to customers and friends as "Cross Gun". His first wife was a Miss Gall.
During the years, the Cross Guns in Brechin was a very lively establishment and a stirring trade was carried on both as a hostelry for commercial travellers and in the stabling department. The Cross Guns was rated as the third inn of Brechin's many, only being superceded by The Swan, which stood nearby on Swan Street, where Brechin's City Hall now stands, and The Crown, which was situated in the space now occupied by Woolworths Shop. Brechin had many inns and public houses and other drinking establishments, but the only ones being posting hotels on the Aberdeen-to-Edinburgh route were the Swan and the Crown.
The Cross Guns consisted of a two-storey building to the front street with a similar building to the rear. A large lamp hung above the front door and a large colour-painted signboard displayed the name of the inn and two crossed pistols. On the stonework above the door was a carving of the same pistols, which was in the old Brechin Museum some years ago but cannot now be found.
The inn was largely patronised by large numbers of persons who could be spoken of as being "rather drouthy topers", hard drinkers, mostly belonging to the well-to-do trading classes, horse hirers, cattle traders and farmers, especially on weekly market days on Tuesday when cattle, horses, and other animals were sold. An Ostler was always kept busy in the stabling department.
The above hotel was a favourite rendezvous for John Gall and was only a one mile walk from his cottage at Unthank. John's experience in managing cattle was vast and he seemed contented with his lot, and settled in family life. However, this was about to change dramatically. John was to set out on an adventure which was to change their lives forever, to separate him and his family of a wife and four children, the fourth child yet unborn and which he was never to see. John was to end up living and dying many miles from Brechin and living in conditions for many years which, compared to his hard working life on the farm and his enjoyable weekly evenings at Cross Guns, must have made life a nightmare. However, before telling the story of John Gall's life far from home in Brechin we should tell something of the story of the circumstances of the change, which must have brought much suffering to his wife and four children left fatherless in Brechin.
THE FATEFUL EVENTS
The downfall of John Gall began on the 23rd June 1827. John made a trip to the City of Aberdeen, forty miles North of Brechin, travelling on the Post Chaise (Stage Coach) which ran between Edinburgh and Aberdeen daily. His journey must have been planned beforehand and whether his wife knew of his intentions no one shall ever know.
His journey to Aberdeen and west to Banchory and on to the village of Kincardine O'Neil, the area where he obtained the cattle, and the homeward trek over the Grampian Mountains took much longer than the two days holiday given to farm workers annually. The cost of travelling by coach from Brechin to Aberdeen and the amount paid for lodgings in Aberdeen and the Drover's Inn overnight on his trek back was far more than a farm worker could afford in those days. In 1820-1829 farm workers were paid from £8 to £10 per year. At most, John's total wage would have been around £10 annually, just under twenty pence weekly or slightly less than eighty pence per calendar month in today's money. Above that he would have had a rent free cottage and free meal and milk for the family. How then was the trip financed? It seems that there were more players in the iniquitous adventure than John Gall by himself.
John Gall would have known all there was to know about cattle. As well as having many years experience working with them he lived only five hundred yards from Trinity Muir, one of the largest cattle, sheep and horse fairs in Scotland, held annually in Scotland. The "Taranty Fair" ran for two weeks and selling and trading of livestock took place between breeders, farmers, and butchers, etc. from all over Scotland. Now and since the end of World War II, the Taranty has ceased to be a trading site for animals and has been reduced to a small group of amusements and side shows. In John's day, and even when I was a bit younger, there was also a week of sideshows and amusements the week prior to Taranty Fair and this was held in what is now known as Market Street, the former "Timber Market " street where some of John's family lived.
There were other Markets held on Taranty Muir, as it is known to Brechiners, which have been held since before the history of Brechin was recorded. Daily markets were held on Wednesday for the sale of sheep, Thursday for the sale of cows and oxen, and Friday was horse trading day. However, the June "Taranty Fair" was the market 'par excellence' and the main animal trading days commenced annually on the second Wednesday in June of each year. Cattle and horse dealers were even known to travel from. England such was the fame of this great gathering. Drovers were hired to drive the traded stock from the market to their destinations by walking them via the rough roads of the time and over the many mountain tracks linking mountains and glens to the North. John Gall would have known many of these trails well and must have travelled them often driving stock to and from Brechin for his employers.
We must ask ourselves why John Gall had travelled so far to steal cattle when there were many cattle farms nearer to his home. The herds in the Angus area at that time seem to have been mostly of the short black type. In the North, farmers had been importing a different type of beast. The larger black-and-white and brown-and-white which possibly were the forerunners of the famous "Aberdeen Angus" cattle. This brings us to the conclusion that John Gall may have been hired to make his way over to Deeside, west of Aberdeen, and bring a selection of stock to the Brechin area for breeding purposes.
Who footed the bill for John's travelling expenses by Post Chaise to Aberdeen and Banchory? Who paid for John's accommodation and meals in Aberdeen, Banchory, and the Drovers Inn at Bridge of Dye?
As we shall see there were few friends of John's listed as witnesses for his trial. The newspaper report shows only statements given by witnesses against John. At least three other men had been sentenced to be hanged in Forfar after having been imprisoned in Brechin Tolbooth for stealing a few cattle and a single sheep. All were separate cases. After John's transportation to Van Diemen's Land, John's wife and family were allowed to live for some time in Unthank Cottage. No landowner or farmers name appears on the witnesses roster. Was John the pawn used in an adventure to benefit others? This we will never know and must draw our own conclusions.
We must remember, out of a population of 5,060 only those being made up of the landed gentry, professional, and businessmen, clerics, etc. had the right to vote on civil and other matters. This amounted to around one hundred persons in 1826. There were no voting rights for members of the so called "lower classes". Those were the days of "Them and Us", and "Us" was as far from "Them" as the continent of Australia and the nearby island of Van Dieman's Land was from Scotland. Those days are thankfully gone now. No bowing and scraping or doffing of the cap. Another quote from our national poet, Robert Burns, "The Rank Is But The Guinea Stamp. The Man's The Gowd For A' That".
On 23rd June 1827 John Gall left his home in Brechin and took the midday Post Chaise, horse drawn carriage, from the Crown Hotel in Brechin to Aberdeen, travelling the forty miles north via the turnpike road through Stonehaven. According to John, he slept in the house of a Mr. Campbell. The house was distinguishable due to the fact that it had a stone crown decorating its front. He also stated that the house was sited in the southern extremity of Aberdeen. On Thursday night he slept in a different house but did not recollect the name of the owner. In Aberdeen Jail he changed this statement, saying that he slept in the house of Ogilvie, servant and husband of one Barbara Smith. In evidence Barbara Smith said that John Gall came to the house very briefly on Saturday evening but did not stay.
It seems that John Gall, after his hurried visit to Aberdeen, then made his way east to the town of Banchory, some fifteen miles distant and situated on the banks of the River Dee. Later, he continued along the Deeside Road to the village of Kincardine O'Neil a further nine miles west. John would have known the countryside around this area well, having driven cattle to and from Brechin from various markets for his employer.
He certainly knew what he was looking for at the different farms to select the stock. After getting the livestock together he made his way back towards Brechin, southwards via the Potarch Bridge, Whitestone, the Drovers Inn at Bridge of Dye on the north side of the Cairn O' Mounth hill road, at that time a rough cattle trail over the Cairngorm Mountains and leading from the Valley of Deeside to the valleys of Mearns and Angus. The road is now well made and crossing from Brechin it reaches a height of over 1,400 feet giving wonderful views of the the North Sea on the East Coast of Scotland and the surrounding countryside, and a vast panorama of the hills and valleys to the north and also in and around Royal Deeside.
Old Brig of Dye with part of Drovers Inn showing on left. John's route to Brechin was over the bridge.
Old Drovers Inn at Bridge of Dye where John Gall rested, with the cattle.
John's route took him via the Grampian Mountains in the background, through the valley in the middle of the picture
The road on the left is where John travelled over from the Cairn O' Mounth, travelling towards the road in the bottom of the picture.
John met various other travellers during his journey from Kincardine O'Neil to two miles from Brechin and this was to prove his downfall as we shall read in the report of his Trial in Aberdeen. He was finally caught only one and a half miles from succeeding to get the the cattle to their final destination, however a galloper was sent from Fettercairn where he had been spotted near the farm of Balbegno, and the rider was sent at once to Brechin to inform the Police, who were waiting at the old cattle rake which today runs up the west side of Brechin Golf Club and is all that remains of the former cattle trail.
John and the cattle were taken to Brechin and he was imprisoned in The Tolbooth. Cattle were put in pens in the back yard of the building. He was hurriedly brought into the courtroom to appear before James Speid, Esq., Provost of Brechin and one of His Majesties Justices of the Peace on the 26th/27th June1827 to emit and subscribe a declaration.
This print, from an original woodcut made in the 1830s, shows The Tolbooth in the foreground, looking up towards Church Street with the Mechanics Institute in the background.
After imprisonment in Brechin Tolbooth, John Gall was taken to Aberdeen as a prisoner some weeks after to await trial for crimes of a wicked, felonious, and heinous nature. John was locked inside the Police Chaise along with two policeman as guards. Police prison coaches had only one small window high up on each sidewall which were barred and out of reach of the prisoner who would have been manacled. Around one mile north of Brechin the ground slopes steeply upwards for one quarter of a mile and at the top of the hill John would have known he was passing his cottage with his pregnant wife and three children inside.
Did John or his wife have any idea that this was the nearest they would ever be to each other again? I doubt it. Certainly it could have meant the death penalty as it had done for others from Brechin before. However, circumstances were changing in Britain. There were no jobs for thousands of it's citizens. Murder, robbery, and other crimes were at an all time high and the prisons were bursting at the seams. The solution was found in Britain's colonies many thousands of miles overseas. Among them, the country of Australia was waiting to be populated, along with the Islands of Norfolk and Van Diemen's Land. Regardless of the gravity of the offence, whether it was a conviction for murder, stealing a few cattle, or even the theft of one loaf of bread, for which one women was found guilty of and received a sentence of seventeen years imprisonment with hard labour, here was a way to get rid of the burden of the unemployed and develop land across the sea at little cost.
THE TRIAL
The Trial of John Gall took place in Aberdeen in July 1827. The details presented below are extracts from the trial itself.
The Circuit Court Of Justiciary, Aberdeen
The Circuit Court of Justiciary was opened here on Wednesday the 26th current, by the Right Honourable Lords Pitmilly and Alloway, and after an impressive and appropriate prayer by the Rev. Mr. Foote, proceeded to the trial of
William Farskine, from Banffshire, accused of assault with intent to ravish: who having failed to appear was outlawed.
Alexander Robertson, mariner, accused of housebreaking and theft. A female in this case having absented herself, a warrent was granted for her arrest and the prisoner was recommitted to jail till a farther day of this ayre (old Scots for "year"). The female being an essential witness.
John Gall, from Brechin, accused of cattle stealing, was brought to the bar and pleaded not guilty.
The first witness was called to the witness stand and sworn in.
Alex. Cromar, Merchant, Kincardine O'Neil. This witness rented apark from Mr. Gordon of Craigmile last summer. The park is about four miles distant from the witness' house. He knows Stoneycroft Park, it lies on the road to Brechin. Had four cattle in said park in June last. Had a three year stot of a black and white colour, and a three year stot of branded colour, having scurr or bucket horns, in the said park. Heard on a Sunday in the month of June last, that these two stots were missing. Sent his son and Wm. Smith to Brechin in search of the cattle: saw stots again and when found; saw one of the stots in the area behind the Tolbooth and Courthouse at Brechin and knows it to be his. Knows Mrs. Gordon at Kincardine O'Neil; she had 4 cattle in the park. (A stot was a bullock in its second year).
Joseeph Nicol, Sheriff Officer, formerly servant to the preceding witness, Alex. Cromar who had a park from Mrs.. Gordon of Graigmile, called Stoneycroft Park. Took thirteen cattle to the Park, four or five weeks before the stolen cattle were missing. There was a three year old stot of a black and white colour, and a three year old stot of a branded colour, with scurr or bucket horns, among the cattle. Knows Mrs. Gordon, Innkeeper, Kincardine O'Neil, and that four of the cattle belonged to her. There was a two year old hummel quey of a black colour among these cattle, and a two year old hummel quey of a reddish, yellow colour, among the cattle. These two queys belonged to Mrs. Gordon. Heard they were missing in the month of June last. He next saw them in Kincardine, near Fettercairn. Saw two of them in the area today , and knows them to be the same.
Mrs. Gordon, Innkeeper, Kincardine O'Neil. Knows Alex Cromar had two cattle in his park at Craigmile of a black colour, and hummel. Saw one of the cattle in the area today, and knows it to be one she sent to Alex. Cromar's grass park. Sent Alex. Emslie and Wm. Christie, her servants, to recover the cattle.
(The word "hummel" meant "hornless" and "quey "meant "cattle". These words were still in popular use at least up until the 1950s and possibly still are today in farming circles)
Andrew Geils, Farm Overseer to Mr. Gordon of Craigmile. Mr. Gordon has grass parks which he lets. Had one park, viz. Stoneycroft, let to Alexander Cromar. Cromar sent seventeen cattle to the said park. Knows that two belonged to Mrs. Gordon, innkeeper, Kincardine O'Neil. Knows that the park was fenced with stone dykes (walls), and had a barred gate. On the night between 24th and 25th June last, cattle were missing. The evening before cattle were missing, went through the park and saw Mrs. Gordon's two queys there, and also the whole of Mr. Cromar's cattle and is certain all the cattle were in the park, and that the gate was fastened when he left the park The following day, found that four cattle were missing, two of Mr. Cromar's and two of Mrs. Gordon's. Saw the cattle in three days afterwards at Kincardine O'Neil. Knows John Berry's farm, which is 600 yards from Porter's lodge at Craigmile. Saw two of the cattle in the area today, and knows them to be the cattle which were stolen.
Kenneth Merchant corroborated the testimony of the preceding witness.
John Berry, Farmer at Fordie. Has a grass park called Clochantemmet. Had three cattle stolen from said park in June last. The park was sufficient to keep cattle in and the cattle never strayed away. Saw his three cows, from his own house on the night previous, about six o'clock, being Sunday. Found them amissing the following morning. Came himself to Aberdeen and sent William Coutts and George Greig to Brechin to seek the cattle. Went afterwards himself to prove them. Saw them first in Brechin. Saw one of his cows, today, in the area at the back of the Courthouse.
George Greig, Servant to preceding witness. Remembers the cattle being amissing between Sunday and Monday in June last. Saw them on Sunday, the day previous to their being amissing. Missed them on Monday morning. Did go to Brechin in search of cattle.
William Coutts, confirms the testimony of preceding witness, and states that the cattle were found in Mr. Walker's possession at Brechin, and saw one of them here today.
Alexander Carnie, lives in Aberdeen. Knows pursuer at the bar. Recollects him coming to his father's house on Saturday evening, 23rd. June. Had on a fustian coat, red comforter, no cap showing on head, and white corduroy trowsers. Identified the articles on their being shewn to him. Prisoner slept in his father's house on Saturday evening, and left it on Sunday morning at five o'clock, asking the way to the shore. Did not see him since that time.
John Taylor, Herd to Mr. Reid. Remembers when bringing some cattle month of June last , that prisoner came up to him and asked whether witnesses master's cattle were in the house or out in a park. Witness said they were in the house, on which prisoner went away. Heard in the beginning of the week that cattle had been stolen at Craigmile. Prisoner when he left witness, went towards Craigmile. Had on a fustian coat, red cravat, and whitish trousers and laced boots. Identifies prisoner in court as the man Gall who had spoke to him when herding.
William Craigmyle, Crofter, Bogenday. About a quarter of a mile from the park in which cattle were when stolen. Remembers cattle being taken from the park On the Sunday evening previous to the cattle being stolen, saw a man pass his door who was dressed in a grey short coat, red comforter, corduroy trowsers, and laced boots. Man spoke to him and asked the road to Banchory. Afterwards, was shown prisoner at Kincardine O'Neil, and knew him to be the man who spoke to him on passing his door.
Margaret Gillespie, Daughter of Alexander Gillespie, keeper of South Porters Lodge, Craigmile. Recollects of cattle being missing from Stoneycroft Park, Craigmile. Saw a man coming through the fields from the East , as if from Aberdeen. He came up through her father's land, which she was surprised at, as there was a road nearby. Man had on a whitish coat, red cravat. thinks he had on short boots. Saw prisoner at Kincardine O'Neil, and thinks he was the same man she saw crossing her father's land. Identified prisoner and dress in court.
Robert Scroggie, Parish of Birse. Was riding on horseback along with Colin Calder, of Birse, near the Drover's Inn at Bridge of Dye. Joined the road at Ballogie's gate at two o'clock in the morning. Saw six or seven cattle on the road. Saw no person with the cattle. Cattle kept pace with them, although the horse was walking as fast as he could. Thinks he was walking upwards of four miles an hour. Answer to Question from the Bench - Does not deny there was someone with the cattle.
John Greig. Knows Bridge of Potarch. Was travelling this road on a Monday morning in the end of June last. Heard of cattle being amissing. Two or three days after, travelling the road early, was joined by a man on the road driving seven cattle, about half past four o'clock in the morning. Travelled two miles with him. The man had on light breeches, velvet coat, laced boots, and red cravat. Saw prisoner at Kincardine, and knew hin, to be the man whom he saw driving the cattle. Identifies him as being prisoner in the dock. Recognised some of the cattle and saw them here today.
Robert Greig, William Henderson, Jean Harper, Peter Hay, and George Wilkie, Constable, corroborated the testimony of proceeding witnesses.
The Jury immediately returned a verdict of Guilty. Sentence delayed.
Witnesses At The Trial
The Witnesses at the trial of John Gall before Lords Pitmilly and Alloway at the Circuit Court held in Aberdeen on September 26th 1827 numbered 49. Of those, only seven appear to have been for John Gall.
George B. (probably George Burness), Watchmaker, Brechin; George Ronald, Shoemaker, Brechin; Robert Smith, Vintner, Brechin; George Souttar, Day Labourer, Brechin; George Dowel, Day Labourer, Brechin; Helen Souttar, Daughter of George Souttar; (the Souttars listed are actually related to my late Grandmother, Margaret Ann Souttar, Walker's family. William MacDonald Walker married Margaret Anne Souttar in 1905 - Eric Wm. Walker. Grandson.). Alexander Matheson, Ostler to James Walker of "Cross Guns" Inn; James Hampton, Horse Dealer, Brechin; James Dowel, Son of above George;
Other Brechin witnesses attending were, John Wilkie, Town Officer and Keeper of Brechin Tolbooth and Jail: John Fyfe, Messenger at Arms, Brechin Tolbooth; David Dakers Black, Town Clerk of Brechin: Peter Ronald, Clerk to D.D.Black; and James Speid of Ardovie, now or lately Provost of Banchory.
John Gall having been apprehended while making his way to Brechin with the stolen cattle, was brought before the same James Speid of Ardovie, Esquire, Provost of Brechin, and one of His Majesty's Justices of the Peace for the County of Forfar, on 26th June 1827, emitted and subscribed a declaration in Brechin Tolbooth and Courthouse on the 26th June 1827.
The above five witnesses were servants of the Crown and certainly would not have been called in Gall's defence. James Speid of Ardovie, Ardovie being a farm a few miles East of Brechin ,had formerly been a Provost of Banchory Town on Deeside only a few miles East of Kincardine O'Neil, the area where John Gall took the cattle from and certainly would have known many of the people in that area.
Sentence
On 27th. July, 1827, John Gall was brought into court and sentence was passed.
John Gall was found guilty on all charges and being found Guilty was to be taken from Aberdeen to a prison ship lying off Aberdeen Harbour. There to await Transportation to a Penal Colony in Van Diemen's Land, where he would spend the rest of his Natural Life.
Indictment
JOHN GALL, farm servant and labourer, at present prisoner in the Tolbooth of Aberdeen. You are Indicted and Accused at the instance of Sir William Rae of St. Catherines, Baronet; His Majesty's Advocate, for His Majesty's interest: That Albeit, by the laws of this and of every other well governed realm. Theft, especially Cattle Stealing, is a crime of a heinous nature, and severely punishable: YET TRUE IT IS AND OF A VERITY, that you the said JOHN GALL, are guilty of the said crime of theft, aggravated as aforesaid, Actor, or Art and Part: IN SO FAR AS, (1), On the night of the 24th day of June, 1827, or on the morning of the 25th day of that same month, or on one or other of the days of that month, or of May immediately preceding, or the July immediately following. You the said JOHN GALL, did wickedly and feloniously steal and theftuously carry away from a park called Stoneycroft Park, forming part of the farm of Craigmile, situated in the Parish of Kincardine O'Neil, and County of Aberdeen. The said park and farm being the property of John Gordon, Esq., of Craigmile now or lately residing at Craigmile, in the Parish and County aforesaid, and the said park then and lately rented and occupied by Alexander Cromar, Merchant, then or lately residing in Kincardine O'Neil, aforesaid. A three year old horned stot of a black and white colour, and a three year old stot of a branded colour, having scurr or bucket horns, being both the property or in the lawful possession of the said Alexander Cromar: as also a two year old hummel quey of a reddish or yellow colour, and a two year hummel quey of a black colour, being both the property or in the lawful possession of Mrs. Elizabeth Cromar or Gordon, Innkeeper, then or lately residing in Kincardine O'Neil aforesaid, or the property in the lawful possession of the said Alexander Cromar.
(2) FARTHER, time aforesaid, you the said JOHN GALL, did wickedly or feloniously steal and carry away from a park called the Clochtemmet park, forming part of the farm of Fordie, situated in the Parish of Kincardine O'Neil aforesaid, and then or lately occupied by John Berry, Farmer, then or lately residing at Fordie, in the parish and county aforesaid, a two year old black hummel cow, having her tail white at or near the point. A two-year old black hummel cow having a tail white at the point, and some white on the forehead, and a two year old black hummel cow, being all the property or the lawful possession of the said John Berry: And you the said JOHN GALL having been in apprehended and brought before James Speid: Esquire, Provost of Brechin, and one of His Majesty's Justices of the Peace for the County of Forfar, did, in his presence in the Tolbooth and Courthouse of the City of Brechin, on the 26th day of June, 1827, emit and subscribe a declaration: and having thereafter brought before Alexander Dauney, Esquire, Sheriff Substitute of Aberdeenshire, did, in his presence at Aberdeen, on the 4th and 11th days of July, 1827, emit and subscribe two several declarations: Which declarations: as also a cotton velvet short coat, a red worsted comforter or neckcloth, a pair of corduroy trowsers: as also the various stolen cattle particularly above specified, or part thereof, being all to be used in evidence against you at your trial, will, for that purpose, be in due time be lodged in the hands of the clerk of the Circuit Court of Justiciary, before which you will be tried, that you may have an opportunity of seeing the same: AT LEAST, times and places respectfully, above libelled. The said acts of theft, aggravated as aforesaid, were committed; and you the said JOHN GALL are guilty thereof actor, or art and part, ALL WHICH, or part thereof, being found proven by verdict of an Assize, before the Lord Justice-General, Lord Justice-Clerk, and Lords commissioners of Justiciary, in a Circuit Court of Justiciary to be holden by them, or by one or more of their number, within the Burgh of Aberdeen, in the month of September, in the present year, 1827. You the said JOHN GALL. Ought to be punished with the pains of law, to deter others from committing the like crimes in all time coming.
A.ALLISON, A.D.
JOHN GALL 1803 - 1880
John Gall was Born in Brechin and at an early age was employed as a Servant for Robert Adamson. He married Margaret Smith, in 1823 and they had a family of two boys and two girls. John worked as a cattleman at Stannachie Farm near Brechin from 1823 until 1825, when he moved with his wife and two of a family to Unthank Farm, also near Brechin. The couple had another two children born at Unthank; the last child John was never to see. The reason being that by this time John was awaiting transportation to Van Diemen's Land, an Island South of Australia used as a penal settlement for criminals.
On the 27th of September 1827, after having been tried at Aberdeen for having stolen cattle, he was found guilty and sentenced to be Transported for Life to the British Penal Colony on the Island of Van Dieman's Land, South of Australia.
The Trial Judges were the Lords Pitmilly and Allway. This was John's first offence. He was at once taken to a Prison Hulk, a dismasted sailing ship afloat off Aberdeen Harbour. Hulks rode at anchor in main ports all over Britain and were used as prisons due to the criminal population being so large that ordinary jails were filled to capacity.
A report on John's conduct on the Hulk at Aberdeen was described as "disorderly". He was moved South to Downs in England and was put aboard the prison ship "William Miles", an ocean going Convict Transport ship of 581 tons which was built at Bristol in 1808, Class E1, the ship's Master was G. Sampson. The ship sailed from Downs, England on 24th March 1828 carrying a full crew and 192 convicted men. Seven of the convicts died during the voyage. The "William Miles" made landfall at Hobart, Tasmania, on 29th July 1828. This was a fast run indeed as some ships took over seven months for the same voyage.
Nothing more is known of John Gall until 11th May 1837 when he petitioned the Governor of Tasmania to marry Ann Radford. The Governor gave his approval for the marriage to proceed "if the Clergyman was satisfied as to John Gall's former wife, Margaret Smith of Brechin Angus. Scotland being dead". This condition was approved and on Monday 12th June John Gall was married to Ann Radford by the Senior Chaplain, William Bedford, in the presence of witnesses William Fellows and Elizabeth Sterling, both of Campbelltown.
John could sign his name.
On the 24th August 1840 John Gall was fined five shillings for having been "Drunk and in Town without reporting himself (P.A.M.) Posted as Missing".
In the same year he received a ticket of leave because of his good behaviour, and on 2nd August 1841, a conditional pardon No. 3131, which was extended on the 21st October 1845, T.S.A. No. 2/i44. (Although "Hobart Town Gazette" of Friday 30th. July, 1841, page 844, under Government Notices, No. 176, lists: Conditional Pardon No. 539, Gall John, per., William Miles.)
Before his conditional pardon was extended, John, Ann, and daughter Ann lived and worked at the property "Strathmore", which is of 2,200 acres on the Nile River, South of Launceston and it was owned by Samuel Bryan. It was advertised for sale in the Launceston Examiner" on 11th July 1846.
John and Ann with two surviving daughters came to Victoria, Australia in 1846, where they took up land at Allansford Area.
John Gall died on 1st February 1880 and was buried the next day at Warnambool Cemetery (Grave No. 29. Compartment. 22).
JOHN . GALL . ANN
1880 1908
(Inscriptions On Painted Cross)
JOHN GALL' PRISON DESCRIPTION
Tasmanian State Archives. No.2/394.
John Gall
Trade: Farm Labourer
Height: without shoes, 5ft 5in
Age: 24 years
Complexion: fresh
Head: medium, oval
Whiskers: very small
Visage: broad
Forehead: small round
Eyebrows: small, overhanging
Eyes: light, hazel
Nose: crooked
Mouth: small
Chin: large, full
Remarks: Scrofula scars all under chin
Several large scars of burns inside left arm
COMMENT
John Gall certainly suffered for his crime as had his wife and family in Brechin. The stories of the penal colonies of Botany Bay, Norfolk Island, and Van Dieman's Land, and the transportation of male and female prisoners chained together in the holds of the ships taking them thousands of miles from home to suffer at the hands of cruel governors and prison warders, and the many moral degenerates in the system are shameful, to say the least.
Among the books which I have read telling the story of those times and events, the one which I find most interesting is "The Fatal Shore" by Robert Hughes which is described as a History Of The Transportation Of Convicts To Australia, 1787 - 1868.
Australia is now one of the Greatest Nations in the World, and should be proud of it.
"ADVANCE AUSTRALIA FAIR"
Eric Wm. Walker
May 1999
