# Memoirs of James Hardy Vaux/Volume 2/Chapter 11

CHAPTER XI.
Appointed an Overseer.–Determine to reform my Life, and become a new Man.–All my good Intentions rentdered unavailing by an unforeseen and unavoidable Misfortune.–I become a Victim to Prejudice and the Depravity of a Youth in Years, but a Veteran in Iniquity.–I am banished to the Coal River.
After a month’s confinement in the hospital I was discharged and transferred to the town-gang, in which, however, I laboured but a few weeks; for a deputy Overseer of the jail-gang being wanted, Mr. Nicholls, the superintendent, requested me to undertake the office, which, he observed, would be an introduction to something better, if I behaved with propriety. I, therefore, gladly accepted the offer, although neither the situation was lucrative, nor its duties agreeable. I had, on landing from the Indian, made a firm and solemn resolution never again to deviate from the strictest probity, or to subject myself any more to a repetition of those sufferings which are the inevitable consequence of irregular conduct. Knowing, by fatal experience, the value of a good, or even an easy, employment, I determined if I should ever again obtain an eligible ​situation, to take proper care of it; and, l as solemnly declare, notwithstanding my present condition, and the punishment I have since endured, that I have uniformly adhered to those resolutions; nor does my conscience upbraid me with one single act at which I ought to blush, since my arrival in the colony. But the subject of the present Chapter will prove that the best intentions of mankind are sometimes thwarted and rendered abortive: and that a person who is destined to be unfortunate, will be so, maugre every exertion, and let him be never so circumspect.
Soon after my return to Sydney, I met with a youth named Edwards, who had been my messmate and bed-fellow on board the Indian, and for whom I had conceived a particular regard. He informed me that he lived as servant in the family of Mr. Bent, the judge-advocate, where he had an excellent place, and invited me to call and see him. As I had rendered him many acta of service on the voyage, he now wished, (he said,) having it in his power to shew his gratitude for my kindness. Accordingly, I called upon him twice, and saw him in his master’s kitchen, (which was detached from the dwelling-house,) in the presence of several other servants. I told him I lived in the house of Mr. Colles, in Philip-street, and should be happy to see him when his leisure would permit. He soon afterwards visited me, and treated me with some rum, ​Colles being a publican. Observing him to have a considerable sum of money about him for a youth in his situation, and knowing him to have been utterly destitute on his landing, I expressed my surprise, and earnestly cautioned him against any acts of dishonesty which might endanger his losing so good a place, and must, I assured him, inevitably bring him to disgrace and ruin. He positively declared that he had done no wrong; but that his mistress, who was very partial to him, frequently gave him a small sum for pocket-money, and that the gentry who visited at his master’s, made him numerous and handsome presents. I knew all this to be possible, and I was the more inclined to believe him, because (as he himself rightly observed,) he had no occasion to use deceit with me, in whom he might safely have reposed the fullest confidence. I, however, repeated my cautions and advice, and we soon afterwards parted. A few days having elapsed, he paid me a second visit, and proposed that we should take a walk together, which we accordingly did; and having taken some refreshment, and amused ourselves for a couple of hours, he quitted me and returned home. I saw no more of Edwards for about a week; when one day, as I sat at dinner with Mr. Colles and his family, he came in rather abruptly, and requested to speak with me. I rose from the table, and taking him into an adjoining room, he there took from his pocket several colonial ​bills, and begged I would take care of them for an hour or two, as something had occurred at his master’s house, and he did not wish it to be known that he possessed so much money. He also delivered his watch into my care, and taking off one of his shoes, produced from it another paper, which he told me, in rather a significant manner, his mistress had that morning given him. I saw something so mysterious in this conduct, and my former doubts were so far revived, that I hesitated, and begged earnestly that he would not deceive me, but confess if he had done any thing wrong; adding that if I was fully apprized of the case, I should be the better enabled to render him this service, and to conceal the money more effectually, without risking my own safety. This, indeed, I only said with a view to come at the truth; for, had he confessed to me what I suspected, though I certainly should not have betrayed him, I was so firmly resolved to avoid all improper connexions, that I should have declined taking charge of the money, and from that moment have dropped all intercourse with him. He, however, so vehemently protested his innocence, and urged me to oblige him, repeating that he could have no motive for deceiving me, that I suffered him to depart, which he did as abruptly as he had entered. In fact, the whole transaction did not occupy above five minutes; and was so sudden and unexpected that I had no time ​for reflection, and scarce knew what I did. On his departure, I put the papers carelessly in my waistcoat-pocket, and the watch in my fob, from which the riband hung conspicuous. As to the latter article, I knew it to be his own property, having seen him wear it publicly for several weeks. I now rejoined the family, and sat down to finish my dinner. The cloth being drawn, I communicated the particulars of my interview with Edwards to my friend Colles, of whose experience and integrity I had the highest opinion. I produced the papers Edwards bad given me, declaring that I felt uneasy on the occasion, and wished him (Mr. Colles,) to advise me how I should act. On looking over the papers, we found about 5l. 10s. in small colonial bills, and the paper which Edwards took from his shoe, proved to be a store-receipt for 8l. 15s.! Colles expressed his concern that I had suffered Edwards to leave them at all, saying that he saw clearly through the whole business; and earnestly advised me, for my own security, to go immediately to the judge-advocate’s: and, let who would be present, to return the whole to Edwards in the most public manner, with a declaration that I would have nothing to do with them. This friendly advice I so far approved, that I determined to follow it implicitly; but, unfortunately for me, I proposed to smoke half a pipe first, and declared I would then immediately go. I had just lighted my pipe, and taken a seat near ​the door, which was open, when I heard somebody approach, and turning my head, saw two constables at the gate, who directly entered the house, and one of them addressing me, said, he came with an order to search my box. I, of course, felt a little confused, but, conscious off my innocence, I boldly answered that my box was at hand, and they were welcome to search it; but requested to know what they were seeking for, adding, that if I knew, I might perhaps save them that trouble. One of them replied, “It is something about the judge-advocate’s servant.” I now instantly perceived that I had but one part to act for my own preservation, and in which I considered myself justified by the palpable deceit Edwards had used towards me. I, therefore, said that the young man they mentioned, had just been with me, and left some property in my care, which I would deliver up to them; and accordingly produced the bills and the watch. Immediately on seeing the store-receipt, they exclaimed, “This is what we wanted.” They declared that I had acted perfectly right in giving up the property; but desired I would accompany them to Mr. Redman, the chief-constable; and assured me that my open conduct would undoubtedly acquit me of any blame in the transaction. I willingly attended them, and learnt by the way, that Edwards was lodged in jail, on suspicion of robbing his master. On arriving at Mr. Redman’s, the latter, ​being informed of what had passed, desired I would wait in his house until be bad reported the whole to Mr. Bent, and received that gentleman’s further commands. In half an hour Mr. Redman returned, and informed me that Mr. Bent fully approved of my conduct, that I was at liberty to depart, and if again wanted, I should be sent for. My friend Colles expressed his approbation also, of the step I had taken; but was sorry I had not anticipated the constables, by going myself to the judge’s house the moment he had so advised me; and for that omission I certainly was highly blameable, and have since severely suffered. The transaction above described took place on a Friday, and I heard no more on the subject till the following Monday, when going to the jail at two o’clock to take out the working party, I was met at the jail-door by Mr. Redman, who informed me he was ordered by the Governor to confine me in a cell. I was of course thunderstruck at this intimation; but as the order was peremptory, I submitted, and was immediately locked up, after sending notice of my situation to Mr. Colles. I remained in close confinement during the whole week, in the course of which I learnt that Edwards, who was lodged in another cell, had undergone a private examination before his master on the preceding Saturday, and it was supposed he had (God knows falsely,) implicated he as an accomplice in his guilt. The ensuing ​Saturday, I was taken before a bench of magistrates, where I also met Edwards, but had no communication with him. The latter was then called for, and now appeared in the court, to my surprise, as an approver, or evidence, against a woman known by the name of Peggy the Miller, from her former husband having been of that profession. This woman had, unknown to me, been also confined the whole week on Edwards’s accusation. I remained among the crowd at the door of the court-house, where I was enabled to hear the proceedings I am now going to describe. Edwards deposed that the said Margaret had lately quitted the service of Mr. Bent, but had lived some time in the family as his fellow-servant. That soon after deponent’s coming to the house, she one day proposed to him to take some money from his master’s writing desk, and offered to procure him the keys for that purpose; that he accordingly did so, and divided the spoil (about 5l.,) with her. Being desired to proceed, he continued, “A few days afterwards, she again proposed to me to take some more money and I took about the same sum as before.” These depositions being committed to writing, by the court, and being extracted with some difficulty from the witness, and attended with many questions and remarks from the magistrates present, of course occupied some time, and, on the court ​desiring Edwards to go on, he was about to proceed in the same words, “A few days after” &c.; but the court, I suppose, conceiving him capable of saying any thing in order to save himself, and, as he could neither particularize any of the money or bills, said to be so taken, trace their disposal, or produce one single circumstance to corroborate his assertions, they declined hearing any more, and put the woman on her defence; who stated generally; that every syllable of Edwards’s evidence was false and malicious; that during her residence in the family, she had such frequent opportunities of observing the conduct of Edwards, and so much reason to believe he was in the constant habit of pilfering, that, out of regard to her own safely, being a free woman, and to prevent her being unjustly suspected, she one day requested her mistress to discharge her, and on being questioned as to her motives for such a wish, and pressed to continue in her place, she evaded a full explanation, but consented to continue on condition of Mrs. Bent herself keeping the keys of the various drawers, &c., and not suffering them to lie about as they had hitherto done. That she had reason to believe this conversation had come to the knowledge of Edwards; for the latter soon afterwards grossly abusedher, and threatened to stab her with a knife, if ever he found that she told any tales of him, or pryed into bis proceedings. That ​supposing her mistress, from this circumstance, to be too much prepossessed in his favour, and fearing the consequences of Edwards’s wicked disposition, she had accordingly persisted in requesting, and finally obtained, her discharge; since which she had married an industrious mechanic, and lived in good repute. The court was now cleared, and after some deliberation re-opened, when the bench informed her, that the evidence of Edwards being unsupported by any other testimony, the court were of opinion the charge had not been substantiated, and she was therefore discharged from custody. During the preceding examination, Edwards bad never once mentioned my name, but accused this woman as his sole accomplice, and every person present, as well as myself, concluded I should be immediately liberated; but the woman had no sooner retired, than I was called to the bar, and stood charged, together with Edwards, “with breaking open the writing-desk of Ellis Bent, Esquire, and stealing thereout several sums of money!” To this charge, Edwards, who appeared do longer capable of dissimulation, pleaded “Guilty.” I, of course, solemnly denied any knowledge of, or participation in, his guilt; and briefly stated the part I had acted, calling upon Mr. Colles, Mr. Redman, and the two constables, to corroborate my account, which they did in every particular I have before recited. The court then appearing to hesitate, Mr. Cubitt, the ​jailer, with an over-officious zeal to shew himself assiduous, produced a written paper, which he stated to be the declaration or confession of Edwards, when taken before the judge, his late master, on the day after his apprehension; adding, that the court might perhaps wish to hear it. To this, the members assenting, one of them accordingly read to the following effect; “That Edwards confessed having repeatedly robbed his master’s desk of money, in which practice he had been solely aided, abetted, and encouraged by Vaux! That Vaux had contrived ah instrument in order to pick the lock of the writing-desk; and that on one occasion, Vaux happening to come without his instrument, had made use of a fork, one prong of which he bent for the purpose! That another time he had made use of a large nail! and that the nail now produced, which had been found on Mr. Bent’s premises, was the identical nail so used! [This nail Cubitt exhibited to the court; it was a common nail with a brass head, about four inches long, and the point appeared to have been turned by driving it in a stone or brick wall.] That Edwards and Vaux had jointly taken by these means at various times about sixty pounds, which had been equally shared between them.” This improbable account, one would suppose, could have excited no other sensation than that of laughter; for, could it be seriously entertained for a moment, that with such instruments ​as those he described, a man could possibly open so minute a lock as that of a writing desk, and afterwards re-lock it so securely as to escape, detection? The fact, doubtless, was, that Edwards, who had access to his master’s keys, had himself committed the depredation without the aid of any other person or instrument. All this I submitted to the court, and further desired them to consider the situation in which I stood, being merely accused by a very wicked youth, who had already confessed his own guilt, and had laboured to implicate an innocent woman, as the court had declared her to be. I then dwelt on the candour and openness of my conduct respecting the money he had left with me, which I could have effectually concealed, had I been at all privy to the guilt of Edwards; and I called Mr. Colles, who swore, “That I had resided in his house since the day of my discharge, from the hospital; that during that period (about six weeks,) I had lived a most orderly and regular life; and that he had never seen me possessed of any money except a half-crown bill, which he himself gave me to pay for my washing.” I concluded with observing, that Edwards himself, having confessed his crime, could, if he thought proper to tell the truth, at once acquit me of any share in his guilt. The court then asked me, “If I was willing to trust myself to Edwards’s answer, if they questioned him on the subject?” I answered, that bad ​as be had proved himself, I could not believe him so totally depraved as to persist in the wicked story he had before told, now that he was standing at my elbow, and could no longer hope to extricate himself at my expense; and I, therefore, begged he might be questioned. The bench then asked Edwards, “If there was any truth in the story he had told his master about Vaux?” when, to my surprise and unspeakable horror, he answered, (hanging down his head,) “Yes, Gentlemen, it is, every word of it, true!”
Mr. Redman now stated to the court, that on Mr. Bent missing this store-receipt from his desk, he had sent for him; and informing him that he suspected his servant Edwards to have been in the habit of robbing him, as he had frequently missed small bills which he could not identify, requested he, Mr. Redman, would endeavour to find out what connexions the youth had formed, with a view to the detection of his guilt, and, if possible to trace the receipt in question, which he had but that morning deposited in his desk, and should be enabled to recognise by the number and other particulars. Upon which Mr. Redman answered, that he recollected seeing Edwards pass by his house one evening in company with me, and supposed we might be intimate; that Mr. Bent then desired he would have my lodgings searched, which (after consigning Edwards to custody,) he had ​proceeded to do in the manner I have above related. The court was now a second time cleared, and nearly an hour occupied in consultation; when Edwards and myself were again called in, and the bench informed Edwards, that he, having confessed his guilt, the court had sentenced him to receive one hundred lashes at the cart’s tail, in the streets of Sydney, and to be kept to bard labour in the jail-gang for twelve months. Then, addressing me, the bench observed that the evidence of Edwards not appearing to the court entitled to much credit, and being unsupported by other testimony, the court acquitted me of any share in the actual robbery of Mr. Bent; but were of opinion that I had been privy to the guilt of Edwards, and had received the money from him, knowing it to be stolen! and they had therefore sentenced me also to twelve months labour in the jail-gang. Thus ended an examination, which I believe is scarcely to be paralleled in the records of a court, either as to its foundation, progress, or result; and I now found to my cost, that I was in this instance also, the victim of an unjust prejudice, for one of the members (who shall be nameless,) said to me, in the course of the proceedings, “Recollect, Mr. Vaux, this is the second time of your being sent to this colony; we know you well.” I answered, with secret, and, I hope justifiable indignation, “Surely, Sir, that ought not to operate against me, if my conduct has been ​uniformly good since my late arrival, and I trust that will bear the test of inquiry.”
I have since learned that Edwards, after his being committed to jail, having heard that I had given up the money he left with me, conceived I had acted treacherously towards him; and, therefore, with the double motive of injuring me, and palliating his own guilt, had the next day requested to be taken before his master, and feigning contrition, had then fabricated the vile and improbable story recited by Cubitt to the court; artfully judging that I being much older than himself, should be considered the most culpable, and he as an innocent youth, led astray by my machinations.
After receiving our sentence, the corporal part of which was severely inflicted on Edwards. I continued to labour in the jail-gang for about three weeks, when, by an order from the Governor, as I understood, both myself and Edwards were double-ironed, put on board a government vessel, with several other prisoners, and transported to Newcastle, commonly called the “Coal river,” without any definite term being fixed for our exile; and as we were both prisoners for life, it was uncertain how long our banishment might be protracted.