Convict Histories

George Vacker or Vacher (c1826 – 1877) (Reg. Nos. 2709 & 10114)

By Irma Walter, 2020.

Burglary in Yorkshire

Little is known about George Vacker’s background prior to his arrest at Kingston-on-Hull in Yorkshire on 4 April 1850. George (25) and his partner-in-crime Francis Cosman (24) were described as ‘foreigners’ [most likely German] when they appeared in court, charged with breaking into a dwelling-house and stealing a flute, a coat and other articles. Despite a minister of the German Church offering to be a referee for Cosman, and a letter being presented to the Recorder giving Vacker a good character, both men were sentenced to ten years’ transportation.

Francis Cosman was sent to Van Dieman’s Land onboard the Equestrian on its third voyage, arriving there on 16 December 1852. George Vacker didn’t arrive at Fremantle on the Sea Park until 5 April 1854, after serving time aboard the hulk Defence. His conduct was said to be ‘Very Good’ and he was given his Ticket of Leave on landing.[1] He was described as single, aged 28, a butcher, 5’7” in height, with dark brown hair, hazel eyes, a round face, dark complexion and stout in build. He had no distinguishing marks.[2]

Murder at the Vasse

By 1855 Vacker is said to have received his Conditional Pardon.[3] However it wasn’t long before he became involved with a ticket-of-leave man named John Scott [Convict No. 1414] in a shocking case of murder at Wonnerup. The following article gives details of the event:

BUNBURY.

December 11 — The excitement produced by the long to be remembered visit of our Governor to this place had scarcely subsided, when the feelings of the inhabitants were horrified by reports of a murder having again taken place in the blood-stained neighborhood of Fishleigh.[4] On these rumours reaching our Resident, George Eliot, Esq., he proceeded at a very early hour on the morning of Tuesday last, with Dr Brydges and Police Sergeant Wright to the scene of the reported tragedy, a hut on the East side of Wonnerup Estuary, about three-quarters of a mile from Fishleigh, which, though seemingly in the Vasse District, is actually situated just within the boundary line of this district. This hut was inhabited by a person of the name of William Longmate, long a resident in the neighbourhood, and a man of the name of Willes, assistant shepherd to Mr James Paine. When Willes went out with the sheep at 6 o’clock on Monday morning, Longmate was well. Willes returned with the sheep about 10 o’clock that morning and found the door and windows of the hut closed. On opening the door he saw Longmate lying on his back dead. Terrified at the sight, he threw a blanket over the body and ran to the nearest house to give the alarm. On returning with others, finding that life was really extinct, the body was properly left as it lay, and information was sent to Mr Eliot, who proceeded as before stated at 6 in the morning of the following day, to investigate the cause of the death.

On arriving with Dr Brydges, proof was instantly discovered that poor Longmate had been barbarously murdered, for a strong leather strap was twisted twice round his neck, and then tied in a knot under the right ear, which had occasioned his death by strangulation. On the investigation then instituted by Mr Eliot, circumstances came out which led to the suspicion that the murder had been committed by two men named George Vacher and John Scott, and warrants for their apprehension were immediately issued and placed in the hands of Mr Wright, who, with his usual activity, very shortly arrested one of the parties accused, and on Thursday, the other. They were both on Saturday morning charged with the murder of Longmate before a full bench of our Magistrates, vis., G. Eliot, M. W. Clifton, W. P. Clifton, and Thomas Little, Esqrs., and after a long and patient investigation, during which a number of witnesses were examined, both the prisoners were fully committed to take their trial on the charge of feloniously murdering Longmate, at the next General Quarter Sessions.

The evidence went to prove that these men had been at Longmate’s on Sunday, and again on Monday morning about 8 o’clock. That they had 8 weeks before told an acquaintance that they intended “to turn over Longmate’s hut,” and that Scott told the same man the day after the murder not only that they had done so but had “killed Longmate.” A variety of corroborative circumstances came out, and left no reason to doubt that the accused were the authors of this barbarous outrage. They expected to find £80 in the hut but actually got but 4s. 3d.

George Vacher is a conditional pardon man, and John Scott a ticket-of-leave man. This latter man always bore a bad character and had absconded from the district, and it was supposed, until lately that he had managed to get away from the colony. On it being recently reported that he was in the Vasse District, a warrant was sent there for his apprehension, and it will be for the authorities of that district to show why he was permitted to remain at large. We would also inquire why, when he had absented himself from this district without leave, a reward was not offered for his apprehension according to the regulations?

Poor Longmate was a harmless inoffensive man, but had lately given way to habits of drinking. He had not strength to resist a powerful man, and the manner in which his death was occasioned probably offered no signs of resistance. He had fallen strangled between two bags of potatoes which he was apparently in the act of filling at the moment the strap was put round his neck from behind.

It is impossible to describe the feelings which this awful crime has aroused. Apprehension everywhere prevails, and it most assuredly ought to lead to the more rigorous enforcement of the regulations respecting this class of men. In fact, we, of the district, come to the conclusion that no conditional pardon, under any circumstances whatever, ought be granted, that ticket-of-leave men should be treated strictly as prisoners out on indulgence when they have got masters, and never should be allowed out “on their own account,” as it is called, which is in fact a license to wander about the country.

It is creditable to the police of our district that the supposed perpetrators of a crime committed on Monday, should have been arrested and committed for trial on the Saturday of the same week.[5]

On 8 December 1855 Marshall Waller Clifton of Australind recorded the event in his journal, stating that he ‘Sat with all the J P on the Case of the Murder of Longmate & we fully committed for trial George Vacker & John Scott’.[6]

Acquittal

For some reason John Scott was found guilty of committing the murder of Longmate but his companion George Vacker was acquitted:

The condemned criminal, Scott, has confessed that he was concerned in the murder of Longmate, but denies that he committed the deed, his heart having failed him. The actual murderer he states to be Vacker, who, it will he recollected, was acquitted. Vacker, according to Scott’s account, attempted to murder Longmate by shooting him, but the gun missed fire; he then caught him by the throat, and when his victim was sufficiently senseless as to be incapable of resistance, finished his work by placing the strap round his neck. They then searched the hut and procured five pounds odd shillings in money and some clothing. Scott had on him at the trial a pair of shoes or boots belonging to Longmate. The jury, in all probability, acquitted Vacker in consequence of some slight doubt as to his identity, and because the testimonials as to character were not positively bad. We have since heard that his character was not good in the district. Scott now shows signs of contrition and is attentive to the exhortations of the clergyman. The Rev. Mr. Pownall has been unremitting in his attentions to the condemned, as has also Mrs Trigg. Scott denies the truth of that portion of Kirkham’s evidence, which related to his (Scott’s) confession of the murder.[7]

Scott’s death sentence reached its final conclusion before a crowd of curious onlookers at the Perth Gaol:

The unfortunate man Scott suffered the last penalty of the law on Monday, at the new gaol.

He addressed those who were assembled, repeating what he had previously stated in confinement, that he was innocent of the actual murder, which was committed by Vacker. He acknowledged himself guilty of other crimes, and as deserving of death. There were not so many people present as on the last occasion, but still we regret to hear that several women and children were to be seen among the spectators. Vacker is now in the Establishment, where we hope he will be detained for life.[8]

The crime was revisited many years later by the editor of the West Australian newspaper, in an article entitled ‘Macabre Perth Scenes’:

…Although condemned criminals were publicly executed in front of the Perth gaol in Beaufort-street, on the site of the present Museum and Art Gallery, until the ‘seventies of last century, the last man to be taken through the streets in the cart to the site of his execution was John Scott, the next murderer to be found guilty in Perth. On December 8, 1855, William Longmate, a yeoman farmer, was found strangled in his hut at Beelup, near Vasse. A box in the hut had been broken open and robbed. Scott and a companion, George Vacker, were arrested for the crime but Vacker was acquitted. When sentenced on January 3, 1856, Scott coolly turned to the chairman of the Court and said, “Thank you, sir. I’m very much obliged to you.” He was executed in front of the Perth Gaol, in Beaufort-street, then almost completed, on January 14, 1838.[9]

Back in Fremantle Prison

George Vacker was considered fortunate to have avoided the same fate. A few months later on 19 March 1856 he was re-arrested in Bunbury, charged as a Colonial Prisoner by Resident Magistrate George Eliot with stealing from a house, for which crime he was given seven years. He was also charged with carrying a fire-arm and with being absent from his District, receiving added sentences of 12 months for each offence.[10] Vacker was detained at His Excellency’s pleasure. His Excellency the Governor considered this man to be unfit to be at large.[11]

It is of interest that a sentence of seven years’ transportation may have been imposed on Vacker by the Bunbury Bench for the part he played in this crime. From 1850 Western Australia reserved the right to impose such sentences.[12] How many Colonial prisoners were actually conveyed to another colony is not known:

BY advices from Bunbury we hear that Vacher (Vacker) was sentenced by the Bunbury Bench of Magistrates to seven years’ transportation for stealing from the dwelling-house of W. Longmate, of Beelup, one iron box, value 4s 6d in silver, and 11d in copper. In addition to the above he was sentenced to one years’ imprisonment for carrying firearms and one years’ imprisonment for being out of his district without a pass. In all nine years.[13]

Vacker’s punishment record while back in prison indicates his frustration over the verdict:

11 September 1857 – Bread & Water, 1 day.

27 September 1857 – Bread & Water, 1 day.

4 February 1859 – No dinner.

23 September 1859 – Forfeit dinner.

2 August 1859 – Bread & Water 2 days.

On 5 November 1858 Vacker submitted a petition (No. 1651/307) to the Comptroller General.[14] The result was unknown. Again on 14 February 1861 Vacker was informed that His Excellency saw no reason why his case should be reviewed, as it had already been considered by the Superintendent.[15] Vacker’s behaviour must have improved however, because by 27 July 1861 it was decided to allow his discharge three months from that date. The matter was to be specially reported to the Comptroller General before his discharge. He was given his Ticket of Leave again on 24 October 1861.[16]

Work Record

31 December 1863 – Sawyer, 8/- per hundred, Mr Dyson, Perth.

30 June 1864 – Laborer, £2 per month, B. Matlock, Albany.

1 March 1864 – Had his Ticket of Leave revoked.[17]

4 April 1864 – In Perth Prison.

27 July 1864 – Splitter, contract, J. Matlock, Albany.

26 October 1864 – Splitter, shares, J. Matlock, Albany.

31 December 1864 – Splitter, shares, J. Matlock, Albany.

17 January 1865 – Laborer, 30/- per month, D. Young, Marbalup.

22 February 1865 – In hospital.

18 April 1866 – General Servant, £24 per annum, D. Young, Marbalup.

30 June 1866 – General Servant, £24 per annum, D. Young, Marbalup.

31 December 1866 – Laborer, 40/- per month, D. Young, Marbalup.

…………………………..

31 December 1869 – Teamster, 40/- per month, John Simpson, Greenough.

10 January 1870 – General Servant, 30/- per month, H. Hamersley, Greenough.

23 February 1870 – Laborer, 40/- per month, R. Willmott, Greenough.

15 October 1870 – General Servant, 40/- per month, Whitfield, Irwin.

17 December 1870 – Laborer, 30/- per month, Peter Mc(indecipherable), Dongara.

31 December 1870 – Laborer, 40/- per month, ditto.[18]

Robbery in Albany

On 12 April 1867 he was classified as an Expiree, receiving his Certificate of Freedom at Albany.[19] This allowed him to be self-employed. He applied for maintenance work with the Albany Roads Board in 1872, submitting a tender for repairing King River Road.[20] However he was back in trouble on 20 August 1873, sentenced to five years’ penal servitude for stealing a bag of flour from the house of John McKail at Albany.[21] At this time he was described as a Colonial Prisoner (Reg. No. 10114), aged 49, single, height 5’ 6½”, with greying dark brown hair, hazel eyes, an oval face, a florid complexion, stout in build, and a sawyer and butcher by trade. His distinguishing marks were a cut on his forehead and right temple, and a scar on his right arm and right leg.[22]

On 23 September 1873 Vacker was transferred from Perth Prison to Fremantle Gaol.[23] On 31 March 1875 he was credited with 34 days remission of his sentence for work done in the Canning River Party.[24] On 11 May 1875 he was discharged to work on the Dredge.[25] On 24 April 1877 he was received back at Fremantle Prison from the Steam Barge and was given his Ticket of Leave.[26]

Once again he petitioned the Governor, but on 13 January 1876 he was informed that in response to his petition there were ‘No Grounds’ for its consideration. He was employed on the Fremantle Dredge from 7 February 1877 and was taken to Perth onboard Dredge on 16 March 1877, receiving his Ticket of Leave yet again on 27 April 1877. He soon found re-employment in the timber industry.

An Early Death

George Vacker’s tempestuous life came to an abrupt end at the age of 53 on 6 September 1877, while employed at Jarrahdale:

ACCIDENT AT JARRAHDALE TIMBER STATION.

I extract the following from a private letter dated 7th. September. “We had an awful accident here yesterday. A man named Geo. Vacker attempted to put on a board which had slipped off the wheel (the orders are to get the engine stopped first, before attempting to replace a board should one slip) and it happened to draw him in. What followed was awful. The men heard what they described as “flip flop” in describing the humming noise of the band on meeting with the resistance of the poor fellow’s body, and then there was a sight which literally appalled strong men so that some of them would not go near the pieces. It is the solemn truth that the man was torn to pieces, or rather crushed and torn. One of the Armstrongs picked up his heart, another man found his liver, pieces of skull, &c. It happened at 2 o’clock. The deceased was a fine good-tempered fellow.”[27]

Inquest

On the 7th inst., at Jarrahdale, before J. G. Murray, E.M., on the body of George Vacker, T.L, Imp. Reg. No. 2709, Col. Reg. No. 10114, who came by his death by being drawn into the machinery at the Jarrahdale Timber Company’s saw mills, on the 6th inst. Verdict -“Accidental death, by trying to replace one of the belts while the machinery was in motion.”[28]

…………………………………………………

[1] Convict Department Registers, General Registers (R12-R13)

[2] Convicts to Australia, http://members.iinet.net.au/~perthdps/convicts/con-wa12.html

[3] Perth Gazette and Independent Journal of Politics and News, 14 December 1855.

[4] Note: This refers to an incident which took place the previous year at the Fishleigh Farm, involving the murder of farmer John Hurford of Fishleigh Farm. His wife Bridgett Hurford and WE Dodd were found guilty and were sentenced to death for the murder.

[5] Perth Gazette and Independent Journal of Politics and News, 14 December 1855.

[6] Phyllis Barnes, JMR Cameron, HA Wills, et al, The Australind Journals of Marshall Waller Clifton 1840-1861, Hesperian Press, Victoria Park, WA, 2010, pp.488-489.

[7] Inquirer, 9 January 1856.

[8] Inquirer, 16 January 1856.

[9] West Australian, 5 January 1933.

[10] Ibid.

[11] Convict Dept. Registers, Reconvicted Prisoners Registers (R10)

[12] Perth Gazette and Independent Journal of Politics and News, 11 April 1851.

[13] Inquirer and Commercial News, 26 March 1856.

[14] Convict Department Registers, (128/38-39)

[15] Ibid.

[16] Convict Department Registers, General Register (R16)

[17] Convict Department, Receipts and Discharges (RD3-RD4)

[18] Convict Department Registers, General Register (R12 – R13)

[19] Convict Department Registers, General Register (R16)

[20] Inquirer, 30 October 1872.

[21] Ibid.

[22] Convict Department Estimates and Convict Lists (128/1-32)

[23] Convict Department General Register (R16)

[24] Convict Department General Register (R16)

[25] Convict Department, Receipts and Discharges (RD9-RD9A)

[26] Convict Department, Receipts and Discharges (RD5-RD7)

[27] WA Times, 14 September 1877.

[28] WA Police Gazette, 5 September 1877, p.147.