John Gately, 1811-3/11/1891.

John Gately was an inhabitant of "the devil's half acre" in Dunedin. He first appears in Dunedin newspapers on a charge of "illegal occupation of Crown land" - that is, operating a street stall without permission, in 1864.  He next appears on a charge of theft of an Inverness cape - charge dismissed. Later that year, referred to as "a well-known thief" he is convicted of stealing an opossum rug. He was given six months with hard labour.

Neighbors' Quarrell. — Patrick Naughton was charged by John Gately with having used insulting words which might have caused a breach of the peace. These parties and about a dozen witnesses who were called in the case are neighbors in Rattray-street, and it appeared that, on Saint-Patrick's Day, they had a quarrel about a chicken having been killed, and as they were all very much excited the defendant used some very filthy language and insulting words towards the complainant, and a row ensued. The defendant was fined 30s and costs. There was a cross charge of a similar nature which was dismissed. Patrick Naughton then charged Margaret Foote with having assaulted him, during the progress of the row mentioned in the previous case. It appeared from the evidence of several witnesses, that the complainant was offering to fight every person, and was flourishing a good big stick, which was produced in Court. The case was dismissed.  -Otago Daily Times, 23/3/1866.

Most of John Gately's charges are connected with public drunkenness and, I suppose, breaches of the peace caused by it.  Other charges mention his responsibility for a wandering horse and one in 1872, in which he is complainant, mentions the theft of a cart - so it can be assumed that John was plying a trade of some sort.  Theft of "a quantity of bones" from him in 1870 would indicate that he was that picturesque figure, a rag-and-bone man.

What proved to be a bad triple alliance was concerned in a case of theft at the Resident Magistrate's Court this morning. When the notorious John Gately was before the Court on a charge of stealing two posts on the previous day, he asked for a remand to enable him to produce witnesses. This was granted, the names of two given to the police, and when the case was called on today the accused informed the Bench that both his witnesses were in attendance, but unfortunately in custody. The one, accused’s son, was sent to the Industrial School for being a neglected child for three years; the other, a woman, to fourteen days’ imprisonment for drunkenness.  -Evening Star, 7/7/1874.

Robbing a Bar Till. - John Gately was charged with stealing 12s 6d from the bar of the Scotia Hotel on or about the 20th inst. It appeared that on the day Gately visited the Hotel Mrs Richmond, the wife of the proprietor after wrapping up 12s 6d in a piece of paper — a corner of a copy of the Evening Star —and placing the money in the till, left the bar. Gately, who was in the bar, was, during her absence, observed withdrawing his hand from the direction of the till. He left, and the money being found missing, a man was sent after him. The man sent after him noticed him take something out of a piece of paper, put it in his pocket, and throw the paper away. The paper was picked up, and was positively sworn to by Mrs Richmond as being the piece of paper in which she wrapped up the stolen silver. —Prisoner, in his statement, said it was all a mistake, and denied having been at the hotel for five or six weeks past. — The Bench had no doubt of the prisoner's guilt, and sentenced him to six months' imprisonment with hard labour.  -Otago Daily Times, 28/4/1875.

Photo courtesy of the Hocken Library.

A NOCTURNAL VISITOR.

At the City Police Court on Saturday, before Mr I. N. Watt, John Gately, a, tall, powerful-looking man, known to the Police, was charged with having, on the 31st May, between the hours of 3 and 4 a.m., been unlawfully in the dwelling house of James Scanlan, Great King street. The prosecutor deposed that he retired to rest on the night of the 30th inst., leaving the backdoor of his hotel fastened, but not locked. Between 3 and 4 o'clock next morning witness heard the prisoner in the passage without any boots on. Immediately after witness had allowed him to leave, he found a pair of boots and went after him. Witness found a "neddy," or "'skull-cracker" (a piece of rope with a strip of lead pipe), on the prisoner and the key of the hotel door, and thereupon gave information to the Police. — Detective Bain deposed that he executed the warrant produced. He had to break open the prisoner's door with the assistance of a constable, and the prisoner did not then resist any further. Witness found the "slung-shot," or "neddy," produced in the prisoner's house. This weapon differed somewhat from the one seen by Mr Scanlon, inasmuch as the lead on the rope was old instead of new. — Inspector Mallard stated that Mrs Scanlan had written him a note stating that she was still suffering from the fright she received on the occasion of the prisoner's nocturnal visit. The prisoner, who had pleaded Guilty to the charge, was sentenced to six months' imprisonment, with hard labour.

The same prisoner was further charged with having, between 4 and 5 o'clock on the morning of the 31st May, been without lawful excuse on the premises of Charles Cooper, Stafford street. The prisoner pleaded Not guilty. — Charles Cooper deposed that he had suspected the prisoner of stealing some things from his premises. — Catherine Cooper, a young girl, daughter of the previous witness, deposed that, with another young girl, she resided at her father's store in Stafford street. On the night of the 31st ult., she retired to rest between 10 and 11 o'clock. Between 4 and 5 o'clock the following morning she and the servant were awoke by the noise of a row in the kitchen. The doors were all locked before they retired to rest. They saw the prisoner standing at their bedroom door. He was going into the bedroom. They got frightened, and he ran away through the kitchen and out of the back door. They then hurriedly dressed, and went to seek the prisoner. By this time he had reached his house and locked the door, which was just opposite the complainants' back door. They found one tin of salmon, one tin of sardines, and half a pound of butter missing. The prisoner had neither boots nor coat on at the time. Isabella Waits, servant at Mrs Cooper's store, corroborated the evidence of the previous witness. — The prisoner stated that, owing to something he told Mr Cooper, the girls were determined to have something against him. He was sentenced to six months' imprisonment, with hard labour.  -Otago Daily Times, 4/6/1877.

A Violent Man. — John Gately was charged with being drunk and disorderly, and further with assaulting the police. — Constable O’Shea stated that ho saw the accused throw an iron bar at some children who were playing in front of his door, and on proceeding to arrest him Gately threw himself into the gutter and kicked and struggled with such violence as to dislocate the constable's thumb and bruise him about the head. — Francis Krull corroborated the constable’s evidence. — For the assault Gately was fined L10, in default two months’ imprisonment. On the charge of drunkenness he was convicted and discharged.  -Evening Star, 26/11/1878.

John Gately, a well-known character, was charged with having no lawful means of support. He said that he went about the town gathering rags, bones, and bottles. He always had a few shillings in his pocket afterwards. Sergeant Beath stated that prisoner had been living in a brothel, conducted in a very disorderly manner, in Ross's right-of-way for the past three months. — Prisoner: If I live there it is because I keep the house. It is well known to the inhabitants of Dunedin that I work for my living. —The Bench paid that the prisoner would be committed to gaol for three months, where Mr Caldwell would find work for him.  -Evening Star, 19/1/1880.

John Gately, an elderly man, was yesterday sentenced by the Police Bench to one month's hard labour for stealing from the Public Works store 56lb weight of old iron. He had sold the iron to Hoy Ming, a Chinese dealer in Stuart street, for a shilling.   -Otago Daily Times, 28/9/1880.

Robbery. —John Gately was charged with having stolen, on or about the 25th April, a silver watch of the value of L8 10s, the property of James Myall, who stated that on the 25.h April last he was stopping at a house behind the Peacock Hotel. He went to bed about ten minutes to ten, hanging up his waistcoat, in which was his watch, by the bedside. He awoke about 3 a.m., and felt for his watch, but it was gone. The watch produced was the one he had lost. — John Pheelan said that on July 25 he met the accused at the entrance to the Hospital. He asked witness if he would mind winding up his watch for him. Witness replied that he would wind it up, but the accused seemed unwilling to hand it to him at the gate, so they went on to the end of the grounds, witness walking inside the fence and accused on the path outside. When they had reached the corner the watch was handed over the fence, and on witness opening it he found the steel part of the works rusty. He took a note of the number on his hand with a piece of lead pencil. This he did because he had a doubt about how the accused came by the watch. When the watch was handed over there was a chain and locket attached. — John Beaton deposed that he met the accused about three months ago at the Rising Sun Hotel. He pulled out a watch, for which witness gave his own and LI to boot. The watch produced is the same. A few days afterwards accused gave him the locket produced. — Constable Toomey said that he arrested the last witness on the 8th inst, on suspicion of having stolen the watch produced. On the day following Boston pointed out the accused as the man with whom he had exchanged his watch, Prosecutor, recalled, said that when he last had the watch there was a chain and locket attached. The locket produced was the one that was attached. The accused, after receiving the usual caution, said: "I know nothing at all about the watch." He was committed to take his trial at the next sitting of the Supreme Court.   -Evening Star, 18/1/0/1880.

NEW ZEALAND

(Per Press Association.) Smothered. Wellington, To-day. An infant ten weeks old, Mrs. Gosling’s, was found dead in bed this morning. It is supposed to have been overlaid in bed by its mother during the night. Supreme Court Dunedin, To-day. At the Supreme Court this morning, the following sentences were passed: John Gately, for larceny, three years; Robert Muir, for forgery, 18 months; William Adams, for forgery, four years. The civil calendar contains two common and one special jury case. A breach of promise case set down for hearing has been settled by the patties marrying during the holidays. John Connell, for larceny from an hotel, was acquitted.  -Ashburton Guardian, 6/1/1881.

An old prisoner named John Gately, who has spent most part of his life since 1868 in gaol, was to have been released on Thursday afternoon. The “ruling passion” of theft was too strong, however. He had been working in the Dunedin Botanical Gardens, and secreted in a tree a bundle containing some prison clothing, garden tools, and some valuable plants. He had a quarrel with a fellow prisoner, who “peached,” and Gately has to submit to durance vile for another two months.  -Ashburton Guardian, 5/5/1883.

DUNEDIN GAOL ENQUIRY (excerpt)

John Gately, a prisoner, stated that while undergoing a sentence of three years he was brought before Messrs Simpson and Logan, Visiting Justices, and had his marks forfeited. He wished that matter to be reconsidered. The offence he was charged with was stealing a pair of drawers, the property of the Government, and secreting them in the Botanical Gardens. 

The Commissioners — We decline to go into the matter of the forfeiture of the marks; that is a matter we have nothing to do with. 

The witness then stated that some time over a year ago he was lying ill in a cell for eleven weeks, and that he got no special food during that time. Dr. Burns was attending him. He could not eat the bread and meat, and all that he had to support him for five weeks was porridge. He did not complain to the Visiting Justices because had he done so he would have got additional punishment. Another cause for complaint was that the doctor would not change the medicine at witness' request The doctor ordered him medicine every four hours, but it was only given to him twice in twenty-four hours. He had seen Warder McCaffion steal flowers from the Botanical Gardens.

To Mr Stout — He came to Tasmania in 1847 as a convict, and had been repeatedly convicted in this colony. It was Warden McCallion that laid the charge of larceny against him, for which his marks were forfeited.  -Press, 27/6/1883.

The ordinary weekly meeting of the Benevolent Institution was held this afternoon, when there were present — Messrs Haynes (chairman), Green, Wilson, Calder, Swan. The miners at Walton Park Colliery wrote that they had pleasure in giving the block of coal used (text unreadable) of the Institution. John Gately, aged eighty years, died during the week in the Institution of chronic bronchitis. A number of relief casts were dealt with.  -Evening Star, 4/11/1891.

Southern Cemetery, Dunedin.  DCC photo.  John Gately's name is not included in the gravestone inscription.