The story of John Gately, of Dunedin, is complicated by the fact that there are two people of that name who feature in newspapers of the time. They were father and son. I have already published a story of the father. I have here intertwined it with John jr.
John Gately sr begins to appear in Dunedin courts on the mid-1860s, facing charges of petty theft and drunkenness.
STEALING BOOKS AND MONEY FROM A SUNDAY SCHOOL.
John Gately and Robert Millar, aged about eleven and nine years respectively, were charged with stealing 8 shillings and books from St. Paul's Sunday School. From the statement of the boy Millar it appeared that he waited outside while Gately entered the building, and evidence was given which showed that the cover, had been wrenched off a box, and the books extracted therefrom. Mr Goodman, who had heard them offer the books for sale at the Prince of Wales Hotel, had suspected them, and in answer to him they said the books had been given them by a party to sell, but on enquiry he found their statements to be false, Detective Golder, who had collected several of the stolen books sold by them, said he did not know Millar but as to Gately not a henroost from the Sandhills to the Junction was safe whilst he was at large. He could go through almost any hole, and was a pest whom the police found it difficult to detect. He had been known to go through a hole in the floor of a wholesale store and empty several kegs of butter, carrying it away in small quantities at a time. Mrs Millar said that she with her son came to town about a fortnight ago, with the intention of leaving shortly. She gave him permission to go with Gately, as she was not then aware of his bad character, and previous to this charge she had never heard anything against her son.
Sub-Inspector Dalgleish thought if Millar were sent to the Reformatory he would be still associated with Gately, and suggested it would better if he were kept there till his another was leaving town.
The Bench ordered Gately to be confined in the Reformatory for 2 years, and Millar till such time as his mother was prepared to leave town. . -Otago Daily Times, 18/1/1870.
The lad, John Gately, who appears to be incorrigible, again absconded from the Industrial School on Monday, but was apprehended yesterday. His conduct fully sustains the epithet of a "pest," which was given him at the time of his conviction by the detective who arrested him. -Otago Daily Times, 23/2/1870.
THE INDUSTRIAL SCHOOL. (excerpt)
The following reports regarding the state of this Institution, during the year ending on the 28th February, have been laid on the table of the Provincial Council :—
Police Office, Dunedin, April 6th, 1870.
The Girls. — Those who are able to work are employed under the superintendence of the matron, in making the various articles of clothing, both for the boys and themselves. They also do all the cleaning, washing, and ironing, under the supervision of the nurse. The junior girls are also taught needlework by the matron.
The health of the children has, I am glad to say, been excellent, as the visiting surgeon can testify; and the conduct of the whole of them has been very good, with the exception of one boy, John Gately, who, I regret to say, ran away four times, was brought before the Magistrates three times, and ordered to be whipped: since which his conduct has been uniformly good. -Otago Witness, 4/6/1870.
MAYOR'S COURT
CHARGE OF STEALING.
Henry Johnston, charged with stealing a quantity of bones, value 2s 6d, the property of John Gately, was discharged. It appeared that the prosecutor had permission to lay the bones near the South Dunedin Recreation Ground, but not being an enclosed ground, it was not considered that sufficient care had been taken to assert ownership. A second charge was brought against the prisoner of dealing a hand cart, belonging to the Otago Daily Times and Witness Company. The case was dismissed. -Evening Star, 17/8/1870.
MAYOR'S COURT.
Monday, 12th June. [Before His Worship the Mayor, and T. Dick, Esq., J.P.)
Drunkenness —Thomas Davis alias John Jones and Jacob Long were each fined 5s; James B. O'Flaherty (who had been in the lock-up since Saturday night), 5s — each with the alternative of going to Gaol for 24 hours. James Fulton, alias Watson, on remand, was charged with drunkenness. His friends at: ome, it appeared, wished him to go back, and as he promised to take advantage of their offer, the charge against him was dismissed. John Gately, who, on being arrested by Constable Coneys on a charge of drunkenness, struggled with him, kicked him several times, and tore one side of his oilskin coat from the arm downwards into pieces, and who had to have his bands strapped by the constable before he could be brought to the station, was, on the charge stated, fined 40s, or in default, 14 days' imprisonment, and for destroying the coat ordered to pay 34s — the amount at which it was valued; Mary Jarvey pleaded guilty to being drunk on the day before, and to being an habitual drunkard. The Bench fined her on the first charge 40s, or in default 14 days' imprisonment; and on the second sentenced her to three months. -Otago Daily Times, 13/6/1870.
MAYOR’S COURT.
This Day. (Before his Worship the Mayor.)
DRUNKENNESS. Charles Reily was charged with the above, and find 20s. John Mouet was also fined 20s.
VAGRANCY. John Fitzgerald was brought on re rand, charged with the above offence at Caversham, and was sentenced to 14 days’ imprisonment with hard labor.
ASSAULT ON A CONSTABLE, John Gately was chargcd with conducting himself so as to provoke a breach of the peace in a right-of-way off Stafford street, and assaulting Constable Rooney in the execution of his duty.
Constable Rooney, whose forehead was severely cut, said he was in Stafford street early on Sunday morning, and heard a great noise in the locality mentioned. He saw two men and a women, the latter being drunk, and heard one person say he would shoot the man. He said he must take prisoner to the lock-up, who then became very abusive, and said if he entered the house he would set the dogs on to him. He followed prisoner, who called upon a woman to bring a whip, and prisoner struck him on the forehead with a pair of tongs, causing a cut two inches long. The woman also came up behind and caught hold of his legs. He had previously sprung his rattle, and held on until Constable Ward arrived.
Constable Ward said he was in Walker st. about half-past twelve, when he heard the springing of the rattle. When he got to the house in Stafford street he found the door was barred. He immediately burst open the door, and found Constable Rooney struggling with the prisoner, and his wife on him at the same time.
Inspector Thomson said prisoner had been sentenced to transportation before, and was the most dangerous man in Dunedin.
His Worship said he was a disgrace to humanity, and be was sorry he could not sentence prisoner to a more lengthy imprisonment. He would fine him L10, or three months hard labor, on the one count of breaking the peace, and the same for assaulting the constable.
Ellen Galley, wife of the above, was also sentenced to three months imprisonment with hard labor, for resisting Constable Rooney while in the execution of his duty. -Evening Star, 2/10/1871.
ALLEGED LARCENY. George Harrington was charged with stealing a spring cart, valued at L5, the property of John Gately. Mr Catomore appeared for the defendant. It appeared from the evidence that more than six months had elapsed since the commission of the alleged offence. The case therefore fell to the ground, -Evening Star, 7/6/1872.
Ownership of a cart, and previous ownership of 2s 6d of bones, would indicate that Mr Gately was of that now long-dead profession, the rag-and-bone man.
RESIDENT MAGISTRATE'S COURT, LAWRENCE.
(Before His Worship the Mayor.) Monday, Jan. 13.
Denis Rourke for being drunk and disorderly was fined 10s., with the alternative of 3 days imprisonment with hard labor, in Lawrence gaol.
Tuesday, Jan. 14. (Before Vincent Pyke, Esq., R.M., His Worship the Mayor, and J. F. Herbert, Esq., J.P.)
Sinclair McBeath charged with committing a breach of the Licensing Ordinance, by selling liquors on the Beaumont racecourse without the usual temporary license, was fined 20s., and costs, 6s 6d.
John Gately, a lad of thirteen years of age. charged with stealing a sovereign from the desk of R. McKimmie, was remanded till the following day.
Wednesday, Jan. 15. (Before Vincent Pyke, Esq., R M.) John Gately, on remand from the previous day, pleaded guilty to a charge of stealing a sovereign from Robert McKimmie.
R. McKimmie said he met the accused at the Clutha on the 6th instant looking for a job at a flax mill. Witness engaged him and brought him to Lawrence on the 8th instant. Accused was to receive 5s. per week and board. On Saturday, the 11th instant, between ten and eleven o'clock, there was a sovereign in the till, which about midday he missed. On Monday he (witness), while cleaning the stable, shifted a large stone, under which he found a purse containing 12s. 6d. (purse produced). On challenging the accused, he admitted having taken the sovereign and that the purse was his; that he had bought the purse, and that the 12s. 6d. was his. When accused left Clutha he showed all the money he had, which was 6d, in an old purse. Witness had not paid him any money.
Inspector Thompson said accused had, in January, 1870, been convicted of stealing books, and sent to the Industrial School for three years. He again appeared in court in March of same year, for absconding from the Industrial School, and was sent back and whipped. He was licensed out to a farmer named Sinclair, at Waihola, from whose service he had absconded. -Tuapeka Times, 16/1/1873.
THE COURTS.
RESIDENT MAGISTRATE'S COURT, LAWRENCE.
Tuesday, Jan. 21. (Before Vincent Pyke, Esq., R.M., and His Worship the Mayor.
J John Gately was brought up on remand on a charge of stealing a sovereign from Mr. McKimmie.
Inspector Thompson said he had communicated with the Chief of the Police, who had obtained and forwarded to him a report from the master of the Industrial school respecting prisoner. The boy it appeared was over 13 years of age, and the master considered him too hardened to re-admit him to the Industrial school, as he would corrupt the other boys. The general conduct of the boy while in the school was bad.
The Resident Magistrate said it was .a difficult thing to deal with a case like that before him. If the boy was sent to gaol it would only complete his ruin, and if he were sent back to the Industrial school he would contaminate boys whose only crime was that they were neglected. Such a case showed the necessity that existed for a Reformatory, so that criminals should be separated from neglected children, as contemplated by the Ordinance, instead of being indiscriminately mixed together as they were at present in the Industrial school. He was surprised that the authorities had so long overlooked this matter. What were the justices to do in such a case? He would remand the prisoner for another week, and in the meantime would communicate with the Government to see if sent to gaol, the boy could be kept apart from the older prisoners. -Tuapeka Times, 23/1/1873.
THE COURTS.
RESIDENT MAGISTRATE'S COURT, LAWRENCE.
(Before Vincent Pyke, Esq., R.M.) Tuesday, Jan. 27.
John Gately, the lad who stole a sovereign from Mr. McKimmie, and who had been remanded several times, was placed in the dock. His Worship said that he had resolved not to subject him (the child) to the contact of the maturer ruffians in Dunedin Gaol. As it appeared he could not be received into the Industrial school, and as he had already been in gaol more than a fortnight here, he would sentence him to fourteen days imprisonment, and to be once privately whipped. [This announcement caused the juvenile culprit to exhibit signs of uneasiness.] He trusted he would employ the interval in studying the advantages of honesty. His late employer, Mr. McKimmie, with kindness of heart which did him credit, had consented to give him another trial on his release from imprisonment.
Inspector Thompson stated that the prisoner had expressed his regret at having pleaded guilty.
His Worship said he would rather that he had expressed his regret for the offence. -Tuapeka Times, 30/1/1873
CITY POLICE COURT.
Friday, August 15. (Before His Worship the Mayor; and J. Black, Esq,, J.P.)
Drunkenness. George Griffiths and George Jones were each fined 5s, with the option of twenty-four hours’ imprisonment; Benjamin Farra 20s, or seven days’; and for being an habitual drunkard — he having been convicted of drunkenness three times during the last twelve months — one month’s imprisonment with hard labor.
Neglected Children. — John Gately and John Mullaghan, two little boys, were charged with being neglected children. — SubInspector Mallard said the boys appeared on the charge-sheet as neglected children, but he would ask for a remand till Tuesday, the reason being that they had committed a large number of thefts, some fifteen or twenty dozen bottles having been taken by them from off the jetty. Gately had been sentenced to fourteen days’ imprisonment by the Lawrence Bench; had undergone two months’ imprisonment in the Dunedin Gaol for stealing some moneys, besides having been in the Industrial School — he was, in fact, a hardened criminal. — The remand was granted. -Evening Star, 15/8/1873.
At the City Police Court this morning, two boys named John Gately and Charles Mulligan were charged with stealing from off the reclaimed land a large number of bottles. It was proved that they had sold during last week eight dozen and three bottles to Messrs Wilson and Co., and four dozen and eight to Mr Finch, wine and spirit merchant; and a lad named McKutcheon, who on entering the witness-box began crying vehemently, said that he saw the prisoners taking the bottles out of a cask, and was offered sixpence not to “split.” Detective Farrell proved the convictions against Gately, and stated that the lads, who travelled in company, after visiting Waipori, Tuapeka, and other places, had returned to town, having in all those places committed robberies, and that Gately was unmanageable. Mr Britton, the master of the Industrial School, said he was sure if the boy Gately was again sent to the school he would be the ruin of it, as he was beyond control. Gately was sentenced to receive six lashes, and the Bench ordered Mulligan to witness the operation, saying they hoped that would have a good effect on both lads, who were then charged with being neglected children, and after evidence had been taken, Mulligan was sentenced to four, and Gately to three years' detention in the Industrial School. The lads did not seem in the least affected by their sentences, for they left the dock with the same devil-may-care air with which they entered it. -Evening Star, 19/8/1873.
POLICE COURT.
Friday, 29th August
(Before His Worship the Mayor, A. J. Burns, Esq., and J. Brown, Esq., J.P.'s.)
DRUNKENNESS. James Crawford was fined 5s.
PARENTAL CONTRIBUTIONS. Benjamin Britton, master of the Industrial School, laid an information against John Tiche and John Gately to show cause why they should not contribute towards the support of their children, John Gately and Charles Mulligan, who were confined in the Institution. Gately would not contribute a penny towards his son's support, unless he was sent back to his house. Tiche said he was not the father of Mulligan; he married his mother when she had six children, and had only two of his own. An order was made for the payment of 5s weekly by each of the defendants. -Otago Daily Times, 30/8/1873.
A boy named John Gately was taken to the Hospital yesterday, suffering from in juries received by falling off the back of a cab. His brother, who was lately sent to the Industrial School, has since escaped. -Otago Daily Times, 17/9/1873.
Petty Larceny. John Gately was charged with stealing, on the 4th July, two wooden rails of the value of 1s 6d, from the North-Hast Valley, the property of Joseph Solomon. Prosecutor said that prisoner had been in the habit of stealing things from his place within the last twelve months, and, in consequence of his being so cunning witness had to resort to adopting an unusual brand — putting a large piece of leather on the rail produced — so as to trace him. — John McLennan said that while the constable and Mr Solomon were outside prisoner’s house a boy went out of the house and hid the wood beneath it. Prisoner’s numerous thefts were a matter of notoriety in the neighbourhood. He had been living there twelve months, and had only bought one load of wood during that period. — Prisoner asked for a remand to enable him to bring the boy. — Sub-Inspector Mallard pointed out that he had sent to prisoner's wife requesting her to send the boy to Court. To his great surprise she replied that the boy had run away from home, and that she could not find him. He only wished that the boy had been here, for he would have asked the Bench to send him to the Industrial School, and take him away from his parents. — His Worship was unwilling to convict any person without giving him the fullest opportunity. A remand till to-morrow would be allowed; prisoner to be admitted to bail himself in the sum of Ll0, and one surety for a like amount. -Evening Star, 6/7/1874.
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.
RESIDENT MAGISTRATE COURT, PORT CHALMERS.
Thursday, June 10. (Before T. A. Mansford, Esq., R.M.)
Drunkenness.— Michael McCarthy, for being drunk and disorderly in George street yesterday, was fined 5s, or in default to be. imprisoned for 24 hours. Indecent Language. — Andrew Kerr, for making use of indecent language in George street, was ordered to pay a fine of 20s and costs, or in default 48 hours’ imprisonment with hard labor.
Theft. — John Gately, a boy well-known to the police, was charged with stealing a blanket, of the value of 25s, the property of Ah Sin, from a tent at Port Chalmers, on or about the 4th inst. The charge was remanded for a week. -Evening Star, 10/6/1875.
The boy John Gately, who was remanded for sentence last week on the charge of stealing a pair of blankets from the tent of a Chinaman, was brought up at the Port Chalmers Police Court yesterday. to be dealt with. A second charge — based upon the Neglected and Criminal Children Act of 1867 — was preferred against him. His Worship, in sentencing the child, strongly commented upon his early training in the ways of crime and trusted that the sentence about to be passed upon him would be conducive to his ulterior benefit. For stealing the blankets he would undergo 24 hours' imprisonment, and, as he was without doubt a criminal child within the meaning of the above Act, he would be sent to the Industrial School Reformatory for 18 months. -Otago Daily Times, 18/6/1875.
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.
CITY POLICE COURT.
Wednesday, July 18. (Before I. N. Watt, Esq., R.M.)
Rape. — Charles Davis, alias John Gately, sixteen years old, was charged with committing this offence at Otakia on the person of Jane Guthrie, eleven years old. Prisoner was not defended. — Jane Guthrie, wife of Thomas Guthrie, deposed that she resided at Otakia and had a daughter named Jane Guthrie living with her. She was eleven years old last October. Jane Guthrie, daughter of last witness, stated that when it was dark last Monday week as she was returning from school prisoner threw her on the ground and criminally assaulted her. — Martha Fisher, wife of Thomas Fisher, deposed that on the 9th instant she met the last witness about live o'clock. She was crying, and on being asked what was the matter said that a man along the road had knocked her down and taken liberties with her. — Robert Grieve, eleven years old, stated that he saw the prisoner and Jane Guthrie together on the day in question. At night the prisoner met him and told him he had effected his purpose. — Sergeant Major Bevin stated that in August. 1873, the prisoner was arrested for larceny. He gave his age as twelve years. — Prisoner was committed for trial. -Evening Star, 18/7/1877.
Dunedin, October 2. The following sentences were passed in the Supreme Court this morning: — John Medlin, larceny, twelve months; James McGregor Weir, forgery, twelve months; Con. Donoghue, larceny, twelve months; John Gately, criminal offence on a girl eleven years of age, five years penal servitude, and fifty lashes with cat of nine tails; Stewart Hewton, cutting and wounding, ordered to come up for sentence when called upon. -Globe, 2/10/1877.
FLOGGING A PRISONER.
The lad John Gately, who it will be remembered was convicted of rape on a young girl at Otakia at the recent criminal session of the Supreme Court, and sentenced, in addition to five years' penal servitude, to receive two floggings, each of twenty five lashes, with the "cat-o'-nine-tails," underwent the first flagellation this morning in one of the yards of the Gaol. Among those present were Mr Watt, R. M. and Sheriff; Mr Word, Registrar; Mr Tancred, Judge's Associate; Dr Burns; Mr Caldwell, Governor of tho Gaol; and several of the prison officials. As the prisoner was ushered into the yard he looked very pale; but, although it was evident that he entertained considerable dread of the punishment which he was to endure, he remained perfectly quiet while the preliminary "tricing-up" was being arranged. As soon, however, as the cords descended on his back he uttered a sharp cry as if experiencing acute pain, and shuddered as though an electric shock had gone through his body. His cries increased with each stroke of the "cat," which continued to fall on his bare flesh with mathematical regularity; but the prescribed "twenty five" was soon counted, and he was at once released from the triangle and assisted to his cell, moaning and crying most pitiably, and holding up his arms as he went along. The operator was formerly an officer on board H M.S. Rattlesnake. Gately's final flogging will take place four weeks hence. -Evening Star, 8/10/1877.
John Gately jr's story ends here - at least, under his real name. He would have been well advised to change name and location on his release from prison. Perhaps he found it possible to lead a blameless life after his release. I will probably never know. Further search for him under his surname alone is complicated by the career of John sr's brother in Victoria. He was a long-term prisoner there, and the hangman.
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.
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.
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