By Irma Walter, 2025.
When looking through the description of crimes committed by those transported to Western Australia between 1850 and 1868, ‘arson’ features quite prominently. This is a general term defined as ‘the wilful or malicious burning of property with criminal or fraudulent intent’.[1]
Other convict records refer to the more specific crime of ‘firing stacks’. This was a more specific term with political connotations. It was generally viewed as a form of revenge, or an act of desperation on the part of disgruntled unemployed farm workers, who, when shamed by having to beg for food, set fire to hay and grain ricks which were dotted around the countryside at harvest time. After checking the records of some of the convicts transported for the crime of arson, it is evident that most of them also were involved in setting fire to hay and grain stacks.
Nineteenth century Britain was a seething mass of discontent. The French Revolution was a wake-up call to the ruling classes of Britain. From the 1770s the Enclosure Acts had taken away millions of acres of common land, traditionally used by peasant farm workers to supplement their income by running a few livestock and growing some produce, instead placing it in the hands of local land-owners. Agricultural workers were then totally dependent on finding employment with these landlords, many of whom offered minimum wages.
Their problems were made worse with the invention of threshing machines, at first powered by water, then later by horses, man-power, and steam. Farm labourers who had previously relied on seasonal work as threshers found themselves increasingly unemployed and were forced to roam the country looking for work. Occasionally revenge was taken out on the machines themselves. Parish Workhouses, with inadequate funding and unable to cope with the influx of needy families into their premises, expected able-bodied inmates to do hard physical labour such as rock-crushing as payment for their meagre meals.
The crime of firing stacks occurred in waves, being more prominent in times of political protest or during poor agricultural seasons. The ‘Swing Riots’ of 1830 were led by William Cobbett of Hampshire, the outspoken son of a prosperous farmer, who was firmly on the side of impoverished farm workers and published his own newspaper in their support. He avoided gaol for his actions, but many of his supporters were transported to Australia as convicts for their actions.[2]
The cost of food increased with the introduction of the dreaded Corn Laws in 1815, designed to keep prices high for the benefit of local producers, initially by simply forbidding the importation of corn below a set price and later by imposing steep import duties, making it too expensive to import from abroad, even when food supplies were short.[3]
Under British law in the early 19th century, setting fire to domestic and commercial premises, or ‘any stack of corn, grain, pulse, straw, hay or wood’, were some of the many crimes punishable by death. A huge crowd of 800 or 900 people viewed the hanging of an incendiary named Edmund Bushby at Horsham in 1831, for the crime of setting fire to a stack of wheat. Most of those assembled were agricultural labourers, who stood in profound silence and appeared to be deeply effected by the awful scene.[4]
In a review of crime and punishment in 1837, Lord John Russell reduced the number of capital offences, with stack-burning removed from the list. However, arson of any kind remained a serious offence that could incur a life sentence or transportation.[5]
In 1838 the Corn Law Repeal Party was formed, leading the push for free trade.
In 1844 the Bishop of Eli enjoined his parishioners to condemn the common practice of incendiarism, stating that it was a crime ‘worthy of death’. The editor of the Morning Advertiser took him to task for his lack of compassion, stating that –
‘….not one word of pity has he for them in connection with the dreadful distress under which they labour, and is the sole cause of all the incendiarism which has occurred. Nor has he condemnation or remonstrance for those heartless landlords, and the abettors of the inhuman corn-laws, who are the authors of all their suffering, and consequently indirectly of all their crimes. Neither does he hint at the desirableness of something being done to improve the condition of the labouring classes…. We will undertake to say, that if measures to undertake due supply of food were adopted, it would have more effect in putting an end to incendiarism in Suffolk, than fifty thousand sermons… The best and surest remedy of all would be to pay the agricultural labourers such wages as will enable them to provide the necessaries of life for themselves and families.’[6]
In 1846, Prime Minister Robert Peel succeeded in repealing the Corn Laws.[7] This did not immediately improve the situation for the unemployed and poorly paid rural workers. The 1850s saw a rise in the crime of stack burning, mostly committed by tramps roaming the countryside, with many offenders openly admitting their crimes. Some stated that their motivation was lack of food, preferring a term in gaol where they could get a decent meal, rather than endure the restrictions imposed in a Workhouse. Others expressed the wish to be transported, in the expectation of the opportunity of a more productive life in Australia at the end of their sentence.
Many arsonists served their time in prison hulks or at Gibraltar rather than being sent to Western Australia. A number of those convicted were soldiers who had absconded from the oppressive regimes imposed on them in military service. This became so prevalent that when a private in the Royal Artillery, Edward Collins, admitted the charge in the Central Criminal Court of firing a stack in 1860 and stated that he wanted to leave the country, he was informed that it was the practice to keep such prisoners at home and was sentenced to 10 years’ penal servitude.[8] Following an increasing number of cases of arson committed by soldiers, Thomas Bradbury, aged 28, after firing a barn and several stacks at Gillington in 1860, was told that he had made a miserable mistake in stating that his only motive for committing the act was to escape from the service, and as a caution to others he would be kept in penal servitude for the term of his natural life.[9]
Of course, not all cases of firing stacks were performed for these reasons. In our present-day bushfire seasons in Western Australia we are aware of the conviction of incendiaries, attracted to the idea of starting fires for no other reason than the excitement of starting a blaze. This was also the case in England.
Many of the crimes in England were carried out by unhappy farm employees. Some were committed by female servants with a grudge against their employer. Even children were known to be attracted to the sight of burning stacks and started the conflagrations.
[The availability of Lucifer matches added to the problem. In the 18th century the common method of starting a fire was by striking flint on steel to get a spark, then transferring it to some flammable material. The invention of Lucifer matches in the 1820s made it far easier to start fires. It wasn’t long before hundreds of match factories were set up, with workers spending long hours dipping wood into a phosphorus concoction, before drying it and cutting it up into matches. Little did they know that this was a dangerous substance that gave off fumes which attacked the jaw bones and teeth of the mostly young people who worked in the factories, deforming them for life. It was many years before the product was banned.[10]]
The fight for the political rights of the majority of British citizens continued. The Second Reform Act in 1867 saw more men allowed to vote, but working-class men and women were still excluded.
The end of transportation of convicts to WA in 1868 did not signal the end of firing stacks in England. When depression returned in the 1870s the countryside was again lit up with burning barns and stacks. Crimes of stack firing were still being reported in the early 20th century.
There was a growing awareness of the possibility of fires starting spontaneously within a stack, due to spontaneous combustion, as a result of high levels of moisture combined with high summer temperatures. This led to recommendations that layers of straw should be spread through the stack, and that wooden chimneys should be inserted in the middle of stacks, as a way of preventing such fires. It seems possible that some of those sentenced to transportation for this crime were not guilty after all.
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WA Convicts Convicted of Firing Stacks (other than general charges of arson)
[Sources: Rica Erickson, Dictionary of Western Australians 1829 – 1914, Volume 2, Bond, 1850-1868, UWA Press, Nedlands, WA, 1979, with added details from British Newspapers.]
The following is a list of English convicts convicted of the crime of firing stacks on rural properties during the period of the late 1840s up until the mid-1860s. The extent of the problem reveals the desperation shown by men unable to find employment or obtain relief from their local parishes. Others were soldiers, wishing to escape the conditions under which they were forced to live. Many of them during their trials expressed a wish for transportation as a means of escaping from their situation.
Abbott, Henry (9979) convicted in 1858 at Chelmsford, 10 years.
Adge, William (7330) in 1861 at Winchester, 6 years.
Angel or Angell, James (8481) in 1863 at Wiltshire, 8 years. His excuse –‘Lighting a fire to dry some rags around his feet after working in the canals.’
Atkins, William (9065) in 1863 at Clerkenwell, aged 20. Along with Spires, George (9303) – Destitution was the excuse. Unemployed, they had been in the Hammersmith Workhouse, crushing rocks for which they received dry bread and a bare board to sleep on. They wanted to leave the country.
Auty (Anty), James (7333) in 1862 at Yorkshire, 6 years. Firing two stacks belonging to Edwin Auty, his employer, at Dewsbury. Previous malicious conduct.
Baker, Thomas (7941) in 1863 at Ducklington, convicted at Oxford, along with Evans, John (7984). Baker was hanged for murder in WA.
Barber, James (7939) in 1863, aged 24 at Burford, 8 years.
Barnes, Benjamin (3125) in 1851 at Oxford, along with two others, set fire to a barn and a stack of barley. Life.
Bell, John (7623) in 1862. Engineer, at Earsdon, Chester, 8 years.
Billington, Thomas (3643) in 1854 at Kingsutton, convicted at Northampton, 15 years. Aged 33 – Revenge, evicted from a house because he couldn’t pay the rent.
Birch, John (3315) in 1853 at Maidstone, 15 years.
Birch, John (8201) in 1863 at Maidstone, 10 years.
Bishop, John (3345) in 1851 at Cambridge, 14 years.
Black (Block), Thomas (7628) in 1862 at Gloucester, 6 years.
Blake, William (4617) in 1855 at Lewes, 15 years.
Bliss, George (7344) in 1861 at Maidstone, 8 years.
Borer, Peter (4679) in 1854 at Kingston on Thames, 15 years.
Boughton, William (7940) in 1863 at Oxford, along with Bull, Charles (7942).
Boyle, James (1590) in 1851 at Newcastle on Tyne, 10 years. Handed a written confession at the Westgate police station. Gave no good reason for the crime. Small in stature, with a sullen countenance and depressed in spirits.
Bradford, James (3222) in 1849. Convicted at 15 years of age at Berken, Chelmsford, 20 years. ‘No doubt you are a very wicked boy.’
Branton, William (9086) in 1864 aged 44, at Witherwick, convicted at York, sentenced to 10 years. Asked for food and was told to go to the kitchen. While there he threw some matches into the fire, saying that he had been charged with firing stacks twice before, and he had beaten the charges both times, but would be convicted this time.
Breward, Joseph (8801) in 1863, aged 27, groom, iron turner, at parish of Earl’s Groome in Worcestershire, 7 years. Firing a corn stack, along with Jones, John (9210), 25, miner, & Davis, William (8545), 24.
Brider, Jabez James (1342) in 1851 at Maidstone. Aged 25, at Brenchley – Life. ‘An offence which a few years ago would have led to capital punishment.’ Said that he was driven to it. Had applied for relief on two Fridays, but was refused. He did it from malice.
Brown, Josiah (7335) in 1854 at Bedford, 14 years.
Brown, William (7932) in 1863 at Hertford, 20 years. Shot by police at Dale River, WA in 1884.
Bryant, Michael (5025) in 1858 at Monmouth, 4 years.
Buckley, Joseph (9101) in 1864 at Winchester, 7 years.
Bull, Charles (7942) in 1863, along with Boughton, William (7940) in Oxford in 1863.
Bullock, James (397) in 1864 at Stafford, 7 years. (Not found in newspapers)
Burnham, John (7643) in 1862, woodcarver, aged 19, along with Gibson, William (7425), aged 23, 6 years.
Burns, Thomas (8793) in 1865, groom, convicted at Bala in Wales, 7 years.
Burt, Charles (8497) in 1864, at Wells, 7 years.
Cawkwell, Thomas (7058) in 1862 at Lincoln. Had been told to keep away from girls at premises of a farmer at Belton, replied that he would ‘do him if he lived’, 12 years. ‘A few years ago he would have hanged for it.’
Chambers, Henry (819) in 1849 at Northampton, 7 years.
Clarke, Enoch Augustine (9121) in 1863 at Dudley, Worcestershire, 7 years.
Clarke, Michael (6532) in 1861 at Maidstone, 18 years. Admitted the crime, saying that he had been in the army for two years but was sick of it, having spent most of that time in prison.[11]
Coe, Frederick (Fredrick) (8229) in 1864, at Central Criminal Court. Soldier, tired of being in the army.
Collins, Edward in 1860, private in the Royal Artillery. Tried at Central Criminal Court along with Thomas Bradbury, (who didn’t come to WA). As number (7040), Collins arrived on the Clyde in 1864.
Collins, James (7967) in 1863 at Hertford, 8 years.
Cross, Benjamin (2976) in 1849 at Orsett, Essex. Convicted Chelmsford, 15 years. ‘A miserable looking man’. Said that he ‘could not get any relief from the Parish and he would give the police a job before long.’
Davis, William (8545) aged 24, in 1863 at Worcester, firing a corn stack, along with Breward, Joseph (8801) aged 27, groom, and Jones, John (9210), 25, miner.
Davis, William (7674) in 1862 at Rugby, 10 years.
Davis, James (6562) in 1861, 10 years.
Dixon, Robert (304), in 1849 at Hovingham, 15 years. Fired a stack of wheat, convicted at York, aged 20, along with Fergus, Robert (303).
Dixon, Thomas (925) in 1848, 7 years.
Dunn, Thomas (7385) in 1862, aged 19, at Chester, along with three others, Bell, John (7623), O’Neil, Peter (7505) and Travis, Thomas alias William Jones, set fire to a hay stack. All sentenced to 8 years.
Edwards, Thomas (2743) in Exeter, 10 years.
Egerton, James (8838) in 1863 at Parish of Stone in Staffordshire, along with Lane, Thomas (8918) aged 23, arson and previous conviction, 7 years.
Elliott, William (8260) in 1863 at Exeter. Dismissed by his employer after an argument. Set fire to two stacks of corn, 10 years.
Evans, John (7984) in 1863, along with Baker, Thomas (7941) at Ducklington in Oxford 8 years.
Evans, Thomas (8840) in 1864 at Warwick, 8 years.
Fenn, Robert (1191) in 1848 at Bedford, 10 years. Had previously stolen wheat from his employer, but had been re-employed by him.
Fergus, Robert (303) in 1849, convicted at York, aged 20. Fired a stack of wheat, along with Robert Dixon, (304), aged 20, at Hovingham, 15 years.
Fisher, John (7104) in 1862, for insurance. Publican and farmer, 8 years.
Furness, John (6592) in 1855 at York, 12 years of age. An argument with his father. ‘Should be sent to a Reformatory School’.
Gill, John, (6597) in 1861 at Maidstone, 10 years. Left WA in 1874, bound for Madras.
Gordon, Alexander (9747) in 1866 at Glasgow, (aged 21), an extreme case of arson, possibly due to demonic mania, with 11 charges of setting fires on several premises, two of them in hay stacks, the rest at various sites. Found guilty of 4th, 5th, and 11th charges. Prisoner seemed indifferent to the proceedings.[12] Trade-print block cutter.
Greenwood, Charles (7426) in 1859 at Winchester, 7 years.
Hamilton, John (8294), in 1863 at Brentwood, convicted at Chelmsford, 10 years.
Hansan, James (8882) in 1863 at Shrewsbury, 7 years.
Hodgkiss, John (9195) in 1865 at Shrewsbury, 10 years.
Hodson, Benjamin (2720) in 1850 at Stafford, 10 years.
Hooper, Edwin (9770) in 1864 at Gloucester, 8 years.
Horan, Henry (7437) and Saunders, Edward (7539) in 1862. Both aged 18, sentence 7 years. Laughed at his sentence.
Harper, William (9183) in 1863 at Shrewsbury, 7 years.
Hawkins, William (3894), 21, in 1854 at Blackawton. Had four other indictments against him for stealing, but only one for breaking and entering was sustained, Life.
Izzard, William (8309) in 1863 at Herts, 10 years.
Jackson, George (3396) in 1853 at Maidstone.
Jackson, Thomas (8318) in 1863 at Maidstone, 10 years.
Jackson, William (9206) in 1865 at Worcester, 8 years.
James, William (9474) in 1866 at Maidstone, 10 years.
Johnson, Daniel (8613) in 1864 at Winchester, 8 years.
Johnson, George (8904) in 1863 at Shrewsbury, 7 years.
Johnson, Henry (8323) in 1863 at Chelmsford, 10 years.
Johnson (or Johnstone), William (No. 70) in 1847 at Stafford, 20 years. Wished that he had burnt down the Tunstall Church and house as well. Was desperate to be transported.
Jones, John (………) in 1862, soldier. (Not listed)
Jones, John (9210) aged 25, miner, in 1863, firing a corn stack, along with Breward, Joseph (8801) aged 27, groom & Davis, William (8545), 24, iron turner, at Parish of Earl’s Groome, Worcestershire, 7 years.
Jones, Joseph (8033) in 1862 at Maidstone, 10 years.
Jones, Thomas (8593) aged 24, along with Speed, Samuel (8996) in 1863 aged 18, 7 years.
Jordan, George (9485) in 1866 at Hertford, 10 years.
Kedge, Anthony (2978) in 1848 at Aylesbury, pensioner, 15 years –
Kent, George (8911) in 1864 at Reading, 12 years.
Kerr, Thomas (8624) in 1864 at Doncaster, 8 years.
Ketcherside, Charles (5841) in 1859 at Croydon, 10 years.
King, John (?), along with Chambers, Henry (?) and Sawyer, William (1727) in 1849. Had previously stolen four loaves of bread at Leamington.
Kington (not Rington), Henry (4620) in 1856 at Newton, 15 years. A tramp, on Shrewsbury Road, looking for a place to stay. Admitted that he had burnt a stack and a hovel. Said that he wanted to go somewhere and expected to get 10 or 15 years.
Lacey, Francis (4575) in 1856 at Warmsworth, York, 14 years, aged 26 years.
Lane, Thomas (8918) in 1863 at Parish of Stone in Staffordshire, aged 23, arson and previous conviction, along with Egerton, James (8838), 7 years.
Leach, Richard (8913) in 1863 at Huntingdon, firing a farm, 10 years.
Lench, William (7183) in 1862 at Chelmsford, 8 years.
Likeham, John (8370) in 1860 at Maidstone, 10 years.
Loand, John (8343) in 1863 at Chelmsford, 10 years.
Lovell, David (1621) in 1851 at Hertford, 15 years.
Lydiatt, James (1259) in 1847 at Skelton, Newark, a tramp, convicted at Nottingham, 15 years.
McDougall, Edward (9239) in 1863 at Oxford, 7 years.
McPhail, William (3226) in 1849 at Topcliff, York, 15 years.
Mansell, John (3178) in 1852 at Bodmin, Life.
Meluish, Nicholas (8090) in 1861 at Guernsey, 10 years.
Mitchell, Jones (5848) in 1859 at Maidstone, 10 years.
Moore, John (288) in 1849 at York, 15 years, along with Pearce (Peace), John (1859)
Morton, Benjamin (9250) in 1863 at Reading, 7 years.
Murray (or Murrey), George, (8079), aged 49, sailor, at Holton, Oxford, pleaded guilty to setting fire to a stack of beans, 8 years.
Negus, John (2924) in 1850 at Hertford, 10 years.
O’Hare, Daniel (7223) in 1862 at Liverpool, 14 years.
O’Neil, Peter (7505) in 1862 at Frodsham, Chester, Scottish-born, along with Dunn, Thomas (7385), 8 years.
Pearce (Peace), John (302) in 1849 at York, aged 25, along with Moore, John (288), aged 35, 15 years.
Phillips, Daniel (9263) in 1864 at Hertford, 7 years.
Powell, William (8680) in 1864 at Monmouth, 7 years.
Prideaux, Leonard (8682) in 1863 at Wiltshire, 8 years.
Raisin, Walter (2638) in 1849 at Ipswich, 10 years.
Rhone, James (5963) in 1860 at Chester, 10 years, aged 24 – ‘From the age of 12 he had spent most of his time in prison, for highway robberies, burglaries etc. He had been refused relief by the farmer at Warrington and got his revenge by firing his stacks.’
Rose, David (255) in 1849 at Chester, arson of stack, 15 years.
Rose, Willliam (6715) in 1861 at Oxford, 15 years. Previous felony.
Rourke, Michael (8975) in 1863 at Chester, 14 years.
Rudland, Henry (8979) in 1863 at Hereford, 10 years.
Saunders, Edward (7539) in 1862 at Maidstone, 7 years.
Sawyer, William (1727) in 1849 at Worcester, 7 years, along with Chambers, Henry and King, John.
Shepherd, Edmund (7260) in 1863 in 1861 at Lewes, 10 years.
Sherman, Charles (9288) in 1864 at Oxford with Johnson, John aged 21. Wanted to go to gaol as they had no food – broke a lamp and fired the stack, 7 years. [No record found of John Johnson arriving in WA.]
Sivyer, William (5361) in 1852 at Winchester, aged 14, 10 years. ‘Showed impudence in Court, vowing special vengeance against his brother.’
Smith, William (305) in 1849 at York, 15 years,
Snook, Job, (alias James Macey) (8714) in 1864 at Lewes, 10 years, aged 26.
Speed, Samuel (8996) in 1863 at Oxford, 7 years, aged 18, along with Jones, Thomas (8593) aged 24.
Spencer, William (9302) in 1865 at Maidstone, 8 years.
Spires, George (9303) in 1863, aged 24, along with Atkins, William aged 20, convicted at Clerkenwell Court, 7 years. Gave themselves up, saying that they wanted to leave the country – in distress, had been travelling about all day and had nothing to eat.
Stephenson, Richard (8427) in 1863.
Symons, Arthur (8986) in 1863 at Reading, groom, aged 22, along with Morton, Benjamin – both 7 years. (No record found for Morton in WA)
Taylor, James (3592) in 1854 at Newcastle, 15 years.
Taylor, John (8443) in 1863 at Hertford, Exeter, 10 years.
Taylor, Thomas alias Brace, (8721) in 1863 at Hartford, Huntingdon, aged 18. Irish tramp, convicted of firing two stacks – ‘did it for want’.
Templeton, Arthur (7273) in 1862, aged 22, at Chelmsford, 15 years.
Thompson, Charles (8444) in 1863 at Hertford, 10 years.
Thompson, William (7566) in 1862 at Liverpool, 14 years.
Tomlinson, John (9014) in 1864 at Warwick, 8 years.
Tucker, John (1361) in 1851 at Abington, 15 years.
Turner, Thomas (6747) in 1861 at Chelmsford, 8 years.
Vince, William (9332) in 1865 at Ipswich, 10 years.
Wager, Benjamin (3423) firing barn and granaries in 1851 at Chelmsford, 14 years.
Walker, John (6475) in 1860 at Maidstone, 10 years.
Wallace, Stephen (367) in 1848 at Hertford, 14 years.
Wass, William (261) in 1849 at Chelmsford, 15 years.
Webb, Joseph (7889) in 1862 at Worcester, 6 years.
Welling, James (3425) in 1856 at Gloucester, 15 years.
Wheeler, Thomas (1357) in 1851 at Winchester, life.
Whitham, John (8469) in 1863 at Chelmsford, 10 years.
Williams, John (9026) in 1864 at Chelmsford, 15 years.
Wood, Joseph (9627) in 1864 at Worcester, 7 years.
A Few Examples of the Many Cases Where a Crime Was Recorded as Arson, but in British Newspapers as Stack Firing.
George, George (3268) in 1852 at Norwich, 14 years.
Plumb, John (3515) in 1852 at Moulton, Bury St Edmunds, Life. Arson, set fire to a stack of sainfoin. Married with 10 children.
Plummer, James (1020) in 1850 at Gazeley, Bury St Edmunds, arson, 10 years.
Bowles (Rowles or Rowls), John (1376) in 1851 at Abington, arson with Bushnell, John (1377) and Clark, Joseph (?)
Seedon, John (3162) in 1852 at Lincoln, arson, 15 years.
Loveridge, William (34) in 1848 at Norfolk Assizes, arson, setting fire to a stack of corn, 15 years.
Richards, William (8981) in 1864 at Newton, 8 years for firing corn stacks along with Edwin Finch (sentence 8 years, wasn’t sent to WA) and Patrick Godfrey (acquitted). Said that they had been roaming the countryside looking for work. When they asked at farm doors for food, they were told ‘Go and get work’. In Court they asked ‘How could we get work when filthy and dressed in rags?’
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[1] Arson Definition & Meaning – Merriam-Webster
[2] The Swing Riots, (hampshire-history.com)
[3] Wikipedia, https://en.wikipedia.org/Wiki/Corn_Laws
[4] London Courier, 3 January 1831.
[5] A Short History of Arson, https:/phys.org.news
[6] Morning Advertiser, 29 July 1844.
[7] Ibid.
[8] WA Convict No. 7040.
[9] Maidstone Journal, 8 December 1860.
[10] Smithsonian Institute, https://www.smithsonianmag.com
[11] Canterbury Journal, 16 March 1861.
[12] Warwick and Warwickshire Advertiser, 6 October 1866.