57. Isaac MOWLL was born in 1797 in Dover, Kent, England, United Kingdom.19,21 He was baptized on 22 November 1797 in Church of St. Mary The Virgin, Dover, Kent, England.47 The IGI records that Isaac was born 24th November 1797 and christened on 22 November 1797 (IGI states that index was an extract from actual records). This is probably a transcription error and he was actually born on 22 November 1797 and christened on 24th November 1797 but this has yet to be confirmed.
The 'Deed Poll' (List of convicts at time of departure from England) lists Isaac as one of the 160 convicts on board the Hibernia. He is listed as: Isaac Mowle, one of eleven personal that were convicted at Essex Alsizes on the 20th July 1818 for a term of Life.
The first Muster Roll, Listed on Monday the 10th May 1819 (Obviously written inbound into Hobart on board the Hibernia) lists Isaac as number 30 of 157 convicts and details Isaac as the following: (No) 30, (Name) Isaac Mowles, ( Tried -Where/When) Essex Assize / 20 July 1818. (Sentence) Life, (Age) 20, (Native Place ) Maldon, (Trade or Calling) Tile Maker, (Height-Feet/inches) 5/1, (Colour of eyes/hair) Blue / Brown, (Complexion) Light, (Remarks) Nil.
Here it is as written on the day.
Part 1 1st Day Supreme Court Hearing Wednesday 31 May 1854.
A jury was then empanelled.
Jury. - T. Hewitt (foreman), John Smith, E Lipscombe, W. Fisher, D. McPherson, R Shoobridge, T. White, James Newton, Thomas Frodsham, James Livingstone, G. Flexmore, W. McRobie.
Transcript as reported by the 'Colonial Times and Tasmania, Friday, June 2 1854
THURSDAY June 1.
Before His Honor Sir J.L. PEDDER, KNIGHT, CHIEF JUSTICE.
NEW NORFOLK MURDER
At the sitting of the Court, Ezra Cox was placed on his trial for the murder of Isaac Moles on the 27th February.
By the Judge-Prisoner was not at my house on the day before the Monday, but he was there on the Saturday, and fetched his wife out.
Cross - examined by Mr. Brewer - The prisoner had been away from home up to the Saturday, up the country. On that night and the Sunday following, prisoner slept at my house. A man named Walsh, in the employ of Mr. Anthony Mann, also slept there. I let him one of my rooms. The partition between my house and prisoners is very slight; we can hear in one house what takes place in the other. I had had a candle lighted on the Monday night, but it had burnt out before -prisoner came in. On each occasion when he came in there was no light in either of the rooms. Mrs. Cox came in and took off her bonnet and shawl. She was dressed then, fully. When she went into the bedroom I put the bonnet and shawl underneath the table when I heard prisoner coming. My son and daughter were in the room, and must have seen Mrs. Cox come in and go into the bedroom. At the time Cox broke the door open his wife was not undressed and in bed. That I can swear with a clear conscience. I came home with my husband, from Gordon's public house. I was in Gordon's tap-room. Left prisoner behind when we left the house. My daughter Elizabeth Moles told me Mrs. Cox had left the house when I went to prisoner. She told me on my return that she had gone up the garden. My daughter must have seen Mrs. Cox go into the bed- room. I saw prisoner on the Sunday; he called me and asked where his wife was, he frequently on the Saturday and the Sunday asked if his wife was at my house. I told him no; that was as true as when I told him "no" on the Monday night. I swear she was in the house at night, but not in the day. Walsh was not there on the Monday night. He agreed to take the room for two nights only
Re-examined - Walsh slept on the Saturday and Sunday nights in a room of the back kitchen; between the room and the prisoner's house; I told prisoner a lie on the Monday night, in saying his wife was not there, because she asked me to say so as he was going to murder her.
James Maxfield (sworn) deposed that he was the son of the last witness; on the Monday night his step-father, the deceased, came home between 8 and 9, and went to bed half-an-hour afterwards, but had no supper; nigh upon ten o'clock witness and prisoner's boy went to Gordon's after prisoner; but found him at Mr. Bland's; he come home with them to his own house; he was so drunk he could not walk home by himself. Witness here corroborated his mothers testimony as to prisoner breaking open the door; and the assault on deceased, and that he ran up for the police, and returned, accompanied by constable Sheran.
By his Honor - Deceased had a handkerchief on his head.
Cross examined - When prisoner came, the first time I did not see his wife in the room; she could not have been there without my seeing her if she had been in just before, and taken her bonnet and shawl off, I must have seen it; there was no light there; I swear I did not see Mrs. Cox at all that evening; my mother had been at half-an-hour before my Father came home that night; no one came home with him.
Re-examined -I had been out that evening; was with nobody.
By the Jury - When the door was burst open, I was in the front room; I went outside and could see my step-father come out of his bed-room.
Elizabeth Moles (daughter of deceased, 12 years of age) was next called, and having been questioned by the learned judge as to her knowledge of the obligation of an oath, said she knew Mr. Tarleton the Coroner; a bible was put into her hand before him at the inquest, but she could not say why. His honor said he could not allow the child to be examined, not appearing to have sufficient knowledge.
Constable Sheeran was then sworn , and said that on the morning of the Monday, about half-past 10 he say prisoner in High-street New Norfolk. He asked to take his wife in charge for being away from her authorized place of residence on the Saturday and Sunday nights. Witness refused as she had reported herself to him at the watch-house on Saturday night. He then said she had taken a pound weight of gold from him. Witness said he take her in charge for that; he said never mind, and asked where she was going to stop; witness told him at Moles'. He replied "I'll get a broad axe and kill the three - my wife. And Moles, and his wife - for harbouring her; and when I've killed the three I'll go to the gallows like a man." Witness cautioned him to beware what he was doing. Prisoner then went into the skittle ground of the Golden Lion. Saw him again about two o'clock in Church street he appeared to be quite excited and had been drinking. He said his wife was locked up in a room where a man named Phelan lived, in a house belonging to Lupton. He wanted witness to go with him, and said he would get an axe and break her head open. Witness refused to go as he knew the wife was not there. Prisoner then went back to James's skittle ground. He made no reference to Moles's. Next saw him between 9 and 10 o'clock. Had received information of the murder, and went to the house; on getting near, he heard prisoner say "I've put one wretch out of the way, and if I could have found the axe, I'd have killed the other two." He then went into the house and saw the deceased on the chair, bleeding. Afterwards apprehended prisoner. When witness went in he seemed to be a man quite insane, and said "Come in, I'll just serve you as I served Moles." Heard something like the cocking of a musket. Constable Jones was with witness. A candle was lit, and they took him in charge. Afterwards found the axe produced, on which he observed several spots of blood. When apprehended prisoner said, all he was sorry for was that he had not killed the other two, and then "he would go to the gallows like a man." He was much excited, quite beyond himself, as if he had lost his reason.
By the judge - Bland's is not a public house.
Cross - examined - When I saw him in the morning he was perfectly sober, but excited. He added that Moles and his wife were ruination of his wife; I met prisoner's wife, when I went to the house half-dressed; she looked as if she had just got out of bed; this was 300 yards from the house. The prisoner's wife is in cascade Factory; she was sent there after the prisoner was in gaol on this charge. I charged her with keeping a common brothel; in point of fact she was found in bed with a strange man; I know Walsh, a ticket-of -leave man; don't know if he registered his residence at Moles's for the three days; I have known prisoner four years.
Re-examined _ It was three weeks after the 27th February that prisoner's wife was sent to the factory.
By the Court _ Prisoner might have been a week away before the Saturday; his wife's registered residence was at the prisoner's house.
Edward Gordon. Licensed victualler. Deposed to have heard an altercation in his tap-room at two o'clock on the Monday, between deceased and prisoner, about deceased having harboured his wife, when prisoner said he would kill his wife, or any one that harboured her. The two were at witness's house afterwards, and deceased drank a glass of half and half at prisoners expence, prisoner telling him not to harbour his wife any more, or it would be a bad job for both him and her. Moles said he would not harbour her any more. They parted good friends. When prisoner left the house that evening he was he worse for liquor, but not excited.
By the court - The poor man Moles passed the greater part of the day at my house.
His Honor - Now I'll tell you what, sir, I have made a rule where I find a publican allowing people to spend their time in his house like this not to allow his expences, and I'll do the same in your case.
The Attorney-General here put in a deposition taken before Mr. Tarleton, on the 16thMarch, made by the deceased which was read by the clerk of the court, the preliminaries having been admitted by prisoner's council.
The statement was much to the same effect as proved by the other witnesses; with the exception that he stated prisoner's wife was in bed on a stretcher in the same room with him.
Dr. Moore's medical testimony was next taken; the doctor, in consequence of deafness, standing on the floor, and using his hearing trumpet, witness described the nature of the wounds on deceased's head, and on various parts of the body; and stated the results of the post mortem examination; death was caused by compression of -the brain from an abscess on the brain arising from the wound on the head. (The doctor produced some pieces of the bone that had been depressed by the fracture of deceased's skull.) He said he could not account for deceased having lived so long.
By the Court - The larger portion of bone produced was extracted by an operation on the 12 March.
Mr. Brewer addressed the jury for the prisoner, and expressed his sense of the arduous nature of the task he had before him, as he was labouring from a severe cold. It would be futile on his part to do other than admit that from the evidence the deceased met with his death at the hand of the prisoner, He, therefore, proposed to look at the circumstances under which the deceased came by his death, and to review the evidence offered in support of the charge of murder. With reference to Mrs. Moles's statement, it was evident that she had stated respecting Mrs. Cox was a willful and deliberate lie, showing there was something about the facts which she did not want to state. Her evidence was contradicted by Gordon, and the boy Maxfield, as to the deceased being accompanied home from the public-house by herself; and in other respects; for instance, Mrs. Cox coming in just before her husband came, taking of her bonnet and shawl, and telling deceased's wife to deny that she was there, for he was for he was certainly going to murder her. How inconsistent that, if (as was sought to be established) the husband was ill-treating her, and she had to run away for protection, she should have waited to put on her bonnet and shawl! The fact was, it was a fabrication. The prisoner had heard his wife singing inside deceased's house, notwithstanding Moles' promise not again to harbor her. But what was the fact? When he went to the house and broke the door open, what did he see? His wife undressed and in bed in that room, a circumstance corroborated by Sheeran, who met her afterwards, half dressed. She had been in all day long, and there was probability in the husband's suspicions, as proven by her being afterwards committed to the House of Correction for keeping a disorderly house, being taken out of bed where she was found with a strange man; her poor unfortunate husband being at the time in gaol. The evidence was that of a woman who had no regard for truth; and her son was almost in the same category. The prisoner was an orderly, well conducted man, industrious, but of a warm temperament, and excitable; not a drunkard, as alleged by the Attorney-General. The wife was a drunkard and she was morally the murderer of deceased, for she had caused it all. Prisoner had two children, having been before married, and having married his present wife more as a protection to the children. Although but in humble circumstances, that was no reason why he should not be affected by the mis-conduct of his wife. He had the right to the feelings of persons in higher classes, and he was so excited that he was literally driven to a state of madness, it was not the drink; and constable Sheeran stated that when he saw him at night he did not appear drunk. The partition was thin ; he heard what took place between that respectable witness Mrs. Moles, and the man Walsh, a ticket of leave man in the service of Anthony Mann. He knew what was going on- meet at the public-house - accused Moles of it- said if he (Moles) allowed his to go on in this manner, it would not do for him (the prisoner.) The learned council with a good deal of ingenuity, referred to the different points in the evidence, proving that prisoner's wife was undressed and in bed. Now, (continued he), whether prisoner saw Walsh there or not, the circumstances were such as to warrant his suspicions and induce him in the excitement of the moment to do that which would reduce , the offence from murder to manslaughter. And his subsequent Act corroborated the area of his madness. He submitted that upon the whole , the jury might presume , from the fact proved, that there was such a justification of his suspicions as to lead him to act under the influence of an outrages sense of honor; and the circumstances did not amount to murder. He earnestly appealed to the jury to examine carefully the testimony; and if they should find the case came within the rule of manslaughter, he doubted not that they would not have pleasure in returning a verdict accordingly; but should they no feel justified in doing so, he hoped they would append to their verdict a recommendation to mercy.
Mr. James Turnbull, of New Norfolk, gave prisoner an eighteen years character. He was an excitable man, but humane. Witness deposed to prisoner having taken charge of two former children - he had been married to his present wife for fourteen months. On the night of the Monday in question, about 8 o'clock, prisoner came to witness's house much excited, and said his wife was harbored in Moles' house - he believed for the immoral purpose - he had heard singing in the house.
By the Judge. -He did not mention the name of any man she was with.
By the Attorney -General. - Prisoner had been drinking, but was not intoxicated. It was the evening he had heard the singing.
The Attorney -General replied at considerable length.
His Honor then summed up, recapitulating the evidence, and charging that the offence amounted to murder.
The jury after a retirement of ten minutes returned the verdict of GUILTY with a recommendation to mercy, on the grounds of the conduct of the deceased in harboring his wife, and also the character of his wife.
The learned judge said, the jury had found that he had -and his Honor concurred in the verdict, and he was sorry to say so.
He then sentenced him to death and dissection in the usual form, but promised to send the recommendation of the jury to the Executive, with whom he sincerely hoped it would prevail.
The court adjourned at 20 minutes to seven to 10 o'clock on Friday, (This) morning.
End of transcript.
Transcript collated by Paul McDonald 5 January 2006
He was buried on 12 May 1854 in New Norfolk, Tasmania. Australia.47 Under Coroners Warrant and under the name of Mould! The burial service was performed by John. B. Seaman and Isaac's profession at the time of his death is recorded as Labourer. Isaac was also known as Mowle, Mole, Moles and Mould.47 Under Coroners Warrant and under the name of Mould! The burial service was performed by John. B. Seaman and Isaac's profession at the time of his death is recorded as Labourer.
Isaac MOWLL and Elizabeth FERGUSON were married on 4 January 1841 in New Norfolk, Tasmania. Australia.19,48 at St Matthews. Elizabeth FERGUSON, daughter of David FERGUSON and Elizabeth MCLEAN, was born on 3 January 1814 in Campbeltown, Argyll, Scotland.47,48 She was deported on 30 December 1835 in London, England, United Kingdom.19 having been charged and found guilty of house breaking in Glasgow. She arrived in Tasmania on 25 April 1836 19 (Aboard the ship Arab) Name applied for convict permission to marry date place.19 Name lived date place.47
Isaac MOWLL and Elizabeth FERGUSON had the following children: