David Heath (abt. 1807 - 1865)

Born about 1807 in Ramsbury, Wiltshire, England, United Kingdom [uncertain]

Husband of Bridget (Heatherman) White — married 5 May 1837 in Longford, Tasmania, Australia

Descendants

Died 29 Jan 1865 at about age 58 in Longford, Tasmania, Australia

Problems/Questions Profile manager: Dan Farrar [send private message]

Biography

David Heath was a convict after the Third Fleet transported to Van Diemen's Land

Origins

David Heath (1) No. 1217:
David Heath's origins are obscure. He may have been born at Ramsbury, Wiltshire, but this has not been confirmed as no record of his birth nor of his baptism has been found. His parents have not been identified. The year of his birth is also uncertain, possibly ca. 1807. Further, there is confusion with another person of the same name. However, 2 key details which distinguish one from the other are their respective ages and their marital status. A further detail which becomes important after their arrival in Van Diemen's Land is to whom and where they were assigned. The David Heath of particular interest here, Police No. 1217, was the elder of the pair, not married and was assigned to the north of the Island where he later married. The 'other' David Heath, Police No. 1219, was the younger of the pair and was married. He was assigned to the south of the Island. Any Tasmanian, and a few Mainlanders, know that there has been a longstanding division between the 'North' and the 'South' of Tasmania.^[1] As far as is known neither David Heath, once assigned, crossed that line!^[2] To resolve this confusion this biography has become, in effect, a 2 for 1 special. See the Postscript below for details pertaining to David Heath (2) No. 1219.

The Age of Revolution 1775-1848

David Heath's arrival and subsequent life in Van Diemen's Land / Tasmania was just a small chapter in the Age of Revolution, one chapter amongst countless others. Only a few brief "snippets" will suffice here as an intoduction to David's story.^[3]
Following the end of the Napoleonic Wars, Britain entered a period of distress as the returning soldiers sought employment, often in vain. There had already been sporadic examples of industrial unrest as the Industrial Revolution unfolded. One well known example of which was the emergence of the Luddite movement which was in response to the rise of difficult working conditions in the new textile factories.^[4] There were also increasingly vocal demands for the reform of parliamentary representation; one infamous event being the Peterloo Massacre at St Peter's Field, Manchester, Lancashire, on 16 Aug 1819.^[5]
An article published (repeated) in a Hobart Town newspaper The Tasmanian in January 1830 provides an insight into the times:^[6]

STATE OF THE COUNTRY.
BLACKWOOD'S MAGAZINE.—It is plain to every man of common observation, who looks at the resources of this country, and at its population, that there is enough for every man—it is also plain that every man has not enough. It is obvious that for the happiness, or to put it in a stronger and truer form, for the alleviation of the misery of the country. A better distribution of its wealth is necessary, and it is not more necessary than it is sufficient. Distribution is all we want to make the common people us comfortable as they are the reverse; and when they see and know this, how long will they bear with the cold neglect of scientific speculators in politics, who, while they fare sumptuously every day themselves, endeavour to demonstrate the utility of measures which they well know consign thousands of poor labouring people to present distress? The coming danger is already signified to us by the recklessness of crime which begins to prevail among the lower order; the prohibition of law is no longer strong enough to restrain those who are maddened by a contemplation of the riches of others, compared with their own poverty; they take by craft or by force that which, from the altered state of affairs, they can no longer expect to share by the exertion of honest labour. These things are no more than the breakers which may enable us to see at a distance the rocks upon which we are steering. Let but the present order of things go on, and the common people of England will, ere long, belike the common people of Ireland; the laws and establishments of the country they will look upon merely as inventions for their oppression—contrivances which it is their interest not to support, but to break down; and we know not what power it is which is to resist the common people of England, if they become possessed with notions such as these. They are not like the impetuous and fickle Irish, to be managed when they smart under settled conviction of a wrong; doubtless the progress of events has much broken and altered their ardent spirit, but still they are not the men to rush into the hopeless and headlong violence; or, when resisted, to subside into dejected tranquility, and die of starvation beside their cold and desolate hearths. If, however, the legislature will not take better care of them, they may be disposed to take legislation into their own hands ; and against such an alarming consummation as this we would warn those to whom the more than ever important task of governing this country confided. It cannot be too frequently, too earnestly, too energetically enforced upon the attention of all who have any influence in the making of the laws, that the present moral and physical condition of the labouring classes is most deplorable, and that the country cannot long continue in such a state...

In parallel with the industrial turmoil [TBC]. According to E. P. Thompson (1963), the wholesale enclosure of common land between 1760 and 1820 and the loss of the rights to cultivate it led to the impoverishment of the landless labourer, (especially in the south of England) who was left to ‘support the tenant-farmer, the landowner, and the tithes of the Church’. However, poor harvests, low wages and high unemployment between 1829 and 1830, led to hunger among poor agricultural workers and their families. To add to their troubles, the Agricultural Revolution had introduced new technology such as the threshing machine which separated the grain from the stalks by beating it and thus dispensed with the need of workers to perform this task. This situation resulted in protests that started in Kent and later spread to surrounding counties and further.^[7]

Crime & Banishment

The disturbances that had been occurring elsewhere across southern England reached Wiltshire in the early hours of 8 November 1830 with wheat & straw ricks being set on fire in separate incidents at Maddington and Wanborough, respectively. Further fires followed leading to the Salisbury magistrates calling out several troops of Yeoman Cavalry on 19 November 1830. As fires began to be ignited more frequently, it seems that the first examples of actual machine-breaking, i.e., the destruction of thrashing machines, was instigated by the farmers themselves, as a pre-emptive measure to avoid great losses caused by the incendiarists. Nevertheless, the disturbances gathered apace around the county over the next few days, including in Ramsbury, although David Heath was apparently not involved there. Instead, he was in the vicinity of Cricklade, a small town on the upper Thames, 10 km. north-west of the centre of Swindon and 11 km. south-east of Cirencester, Gloscestershire. Located in the northernmost 'tip' of the historic county of Wiltshire, Cricklade is ca. 28 km north-west of Ramsbury:^[8]

...Between midnight and one o’clock Mr William Smith of Quid Hill Farm in the parish of Cricklade heard that a mob was in the area. In the hope of saving his barn he had his thrashing machine taken out into the court and then went to warn his neighbours. When Mr Smith returned he found a mob of between 40 and 50 people in his premises and his thrashing machine was broken to pieces. Henry Speck, who was in Mr Smith’s service, had a lanthorn and was pulled first one way then the another by the mob so that they could see the machine they were breaking. He recognised William Kibblewhite and David Heath among the mob. Having broken the machine the mob came to Mr Smith’s house and asked for beer, which Mr Smith gave them. Robert Barrett, one of the mob, came up to Mr Smith and said, ‘Here is your health Master Smith and I hope your landlord will lower your rents.’

A warrant dated 26 November 1830 led to David Heath, 23, William Kibblewhite, 20, being committed by magistrates Thomas Vilett and James Wyld, Esqires, charged on the oaths of William Smith and others, of Cricklade, with having broken a thrashing machine, his property. The disturbances throughout the County continued through late November and into December. There were several violent encounters with authorities resulting in deaths and mounting numbers being similarly committed.
It is not known when, where or by whom David was arrested or, indeed, whether he & Kibblewhite were arrested together. Regardless, after their apprehension they joined numerous men already arrested for similar offences. By 15 December 1830, 123 men had been committed to the 2 gaols in Devizes with more anticipated to be transferred from Marlborough Gaol.^[9]
Late in the afternoon of Tuesday, 4 January 1831, before Mr Justice Alderson and T. G. B. Estcourt Esq., in the Crown Court, Robert Barrett, 26, David Heath, 23, and William Kibblewhite, 20, were placed at the bar charged with having broken a thrashing machine, the property of William Smith, of Cricklade, on the 23rd November. Justice Alderson and T. G. B. Estcourt Esq., had had a busy day. They had spent the early part of the day on the bench of the Nisi Prius Court before relocating themselves to the Crown Court:^[10]

William Smith was called and said, ‘I live at Quid Hill Farm. On the night of the 22nd November, between twelve o’clock and one o’clock, there was an alarm. I went and warned my neighbours. After I returned to my farm a mob came, there were about 40 or 50 of them and they broke my machine to pieces. I had carried my machine out of my barn before the mob came. I hoped to save my barn by doing this. After breaking the machine the mob came to my house for beer. Robert Barrett was there and there were a good many others around in the court. Robert Barrett came in and said, “Here is your health Master Smith and I hope your landlord will lower your rents”. When I went out in the morning I found my machine broken to pieces.’
Henry Speck was called and said, ‘I was in the service of William Smith in November. I remember the mob coming to the farm that night. There were a good many others with Kibblewhite, breaking the machine. I had a lanthorn in my hand and the mob pulled me one way and another to see how to break the machine.’
The prisoners were then called for their defence. Barrett said nothing. Kibblewhite said, ‘I have nothing to say, nothing to say or admit.’
David Heath said, ‘I was forced to go.’
Barrett was acquitted and Heath and Kibblewhite were found guilty and sentenced to seven years transportation.

After their respective sentences had been handed down, the numerous prisoners were returned to Fisherton Anger prison, situated at the junction of Devizes and Wilton Roads, Salisbury. The gaol was located ca. 1 km north-west of Salisbury Cathedral. An abstract of the trials and sentences handed down was reported the Devizes and Wiltshire Gazette:^[11]

Abstract of the Sentences, &c. passed at the late Wilts Special Commission:
Sentence of death was passed upon two, who are to be executed on Tuesday next the 25th inst.; against 12, convicted of riotously assembling and demolishing machinery used in certain manufactures, 1 for burglary, and 35 for robbery, (in all 48) sentence of death was recorded, but which sentence has been commuted to various terms of transportation, mostly for life: 1, (Offer, the elder, who, from circumstances with which our readers are acquainted, will no doubt be discharged), was sentenced to be transported for life; 3, twice convicted of felony, are to be transported for 14 years; one hundred and one are to be transported for 7 years; 1 is to be kept to hard labour for 2 years; 1 for 18 months; 2 for 15 months; 25 for 12 months; 3 for 9 months; 14 for 6 months; and 7 for 3 months; 21 convicted of misdemeanours, having entered into recognizances to abide judgement when required, and to keep the peace and be of good behaviour for 2 years, were discharged; 70 were acquitted, and discharged by proclamation; the bills against 20 were ignored; and 15 were discharged for want of prosecution. Total number 334, viz. 50 death; 105 transportation; 53 imprisonment; and 126 discharged.

Those sentenced to transportation were amongst ca. 475 in total from across 18 Counties of south-eastern England whom, during 1831-33, were similarly sentenced having been convicted of Arson, Machine Breaking, Receiving or Rioting. They were to be transported to New South Wales and Van Diemen's Land. A total of 329 transportees were dispatched directly to the latter colony. They arrived in Hobart per Eliza (224 males), Mary (1 female) and Proteus (98 males) in 1831; Gilmore, Lord William Bentinck (1 male each), York (2 males) in 1832 and Lotus (2 males) in 1833. Three swing rioters, first transported to NSW per Eleanor, were subsequently transported to Van Diemen's Land taking the total number of Swing rioters sent to that colony to 332.^[12]
The Devizes and Wiltshire Gazette of 20 January 1831 reported that the first group of prisoners, 36 in number, were taken from Fisherton Gaol to Portsmouth that morning In "Two vans, drawn by six horses each." The following day, Friday, 21 January 1831, a group of 34 prisoners were were similarly transferred from Fisherton to Portsmouth where they were incarcerated in the hulk York. Included in the group were both men named David Heath, William Kibblewhite, plus 2 brothers from Ramsbury, Joseph & Matthias Alexander, who had been convicted of similar offences.^[13]
Barely 2 weeks later on Sunday, 6 February 1831, the 528/538 ton, 6 gun, ship Eliza, Captain John Groves. sailed from Portsmouth with 224 male prisoners. Amongst that number were 100 men from Wiltshire.

Arrival

The arrival of the Eliza at Hobart was reported in the typical perfunctory manner which was followed a few days later with a little more detail:^[14]

SHIP NEWS. MAY 29.—Arrived the ship Eliza, 538 Tons, John J. Groves, commander, from London, 6th February, with 224 male prisoners, Surgeon-superintendent, Dr. W. Anderson.—Passengers, Captain Moore, Lieutenant Lewin, 2 sergeants, 2 corporals, and 35 privates of the royal marines as guard.

Arrived on Sunday the 29th. of May, the transport ship Eliza, 538 tons, J. J. Groves, esq. commander, from Portsmouth, 8th of Feb. with 224 male prisoners, consisting chiefly of the rioters, incendiaries, and machine breakers, lately convicted under the special commissions at Winchester and elsewhere, the greater proportion of whom are said to be able-bodied, hard-working countrymen. Surgeon Superintendent W. Anderson, esq. R. N. The guard consists of Captain Moore, Lieut. Lewin, 2 Serjeants, 2 corporals and 35 privates of the Royal Marines, who proceed to India by the first opportunity to join H. M. S. Southampton on the India station, or some think the Southampton will come down here to embark them and two other detachments which are daily expected in the succeeding transport ships. This is a very economical plan of Government instead of sending them out direct to India by a transport expressly taken up for the purpose.

Regardless, that these 224 male agricultural labourers were less felons and more assets to the colony is evident by a news report of alleged irregularities in the dispensation of justice.^[15]

The Eliza has brought out 224 male prisoners, the whole of them consisting of persons sentenced during the late outrages in England. The Van Diemen 's Land Company, it is said, have fifty assigned to them by the Home Government, on condition that for every man thus assigned, the Company would bring out three free indented servants.

Which was followed by a more detailed report of dubious events behind the scenes:^[16]

THE MEN PER ELIZA.
More of Lord Goderich! Will it be believed, that Messrs. Cripps and Pearse M.P.'s, Committing Magistrates of several of the men just arrived in the Eliza, had the assurance, after such men were found guilty and sentenced to transportation, to ask of Lord Goderich, the Secretary for the Colonies, to the sorrow of the Colonies, to be allowed to pick and chuse Fifty of those very men for assignment to themselves, in England, to labour upon that princely domain here, which themselves and others of their precious "Van Diemen's Land Company" possess. Yet more will it be believed, any Minister of the Colonies could have acceded to such request? Yet so it was. And the fifty men so selected and assigned, would have been handed over to the precious Company here, but for the truly independent resistance of our excellent Superintendent of Convicts, Mr. Spode, who at once represented to His Excellency the injustice to the great body of the settlers, which such an appropriation of so many of the most useful men who ever came to this Island, could not but be. The Colony is highly indebted to His Excellency for sanctioning Mr. Spode's resistance, and for reducing the number of men thus so unfairly attempted to be got possession of in England, by Messrs. Cripps, Pearse, & Co., M.P.'s and J.P.'s, &c. &c., to one half! Mr. Spode has been thus enabled to assign to almost every Agricultural applicant, one Ploughman! This is as it should be, and entitles the Local Government to the highest praise.

David Heath, upon his arrival at Hobart, was disembarked, paraded and 'processed' by the colonial authorities who created multiple records (in addition to those held by the Home Office in England): The first of these was to record his description should he need to be identified at a future date:^[17]

• Name, Heath, David 1st; [Police] No. 1217;
• [Native place] Ramsbury, Wilts.;
• Trade, Ploughman;
• Height without shoes, 5' 3¼";
• Age, 24;
• Complexion, Fair;
• Head, Large;
• Hair, Lt. Brown;
• Whiskers, Do. thin;
• Visage, large;
• Forehead, Perpenr, scar on right side;
• Eyebrows, Lt. Brown;
• Eyes, Grey;
• Nose, Large;
• Mouth, Large;
• Chin, M.L.;
• Remarks, Several brown moles on both arms lost one front upper tooth.

A second document, a conduct record, was also created. This included brief details including date of conviction and sentence, 7 [Years transportation] with a cryptic summary note: Transported for "Rioting" Goal Report "Unknown" "None" Stated his offence "Machine Breaking" Single.^[18] Finally, David Heath was 'appropriated' [assigned] to "Jas. Parker (N. Plains)".^[19] The location of Parker's property at Norfolk Plains is not known. It may have been the same as the 1,000 acres at Lake River which was conveyed to him on 30 June 1832 by David Bryant of Hobart Town.^[20]
David's conduct record shows that on 26 July 1833, Parker charged David with insubordination and disobediance for which he was 'awarded' a 2 year extension to his sentence by "MLS + JW". The former was Malcolm L. Smith Commissioner, Court of Requests Office, Norfolk Plains. Two years seems excessive for a grumble about working conditions! ^[21] Two months after his namesake, nearly 2 years short of his sentence of 7 years (see below), had received a Free Pardon David eventually received a long-awaited Ticket of Leave.^[22] He was a relatively free man.

A notice in the Hobart Town Gazette of 25 August 1837 notified that David was eligible to apply for a Free Pardon.^[23] It's not known if the notice was brought to his attention for him to act on. Several months later, however, the Hobart Town Gazette of 21 November 1837 notified that he would be entitled to apply to the local Police Magistrate on or after 27 December 1837.^[24] It appears that he may not have done so as his conduct record shows that he was issued with a Free Certificate No. 525 / 1845.

Marriage

David Heath married Bridget Heatherman [Hetherman] by Banns at Christ Church, Longford on 5 May 1837. Both were of the Parish of Deloraine. The ceremony was officiated by R. R. Davies, Chaplain. Neither David nor Bridget could sign their name which may be why they did not notice the spelling of Bidget's name on the marriage certificate as Heatherwood. The witnesses were Richard Harrison and Henry Edrington [Errington], of Deloraine.^[25]
Nine children followed the marriage, the births of 3 of whom were not registered. The children were: Thomas, born ca. 1837/8, not registered; Elizabeth, born ca. 1839, not registered; Lucy, born 8 August 1841, father recorded as Daniel, residence, Spring Banks; Mary, born ca. 1844, not registered, died 18 February 1854 of Scarlet Fever; Ann (1), born 6 January 1845, died 10 February 1845 of Inflamation of Bowels; John, born 27 February 1846, mother recorded as Bridget Heath formerly Hetherman; David, born 4 February 1848, near Longford, baptised 21 March 1848, Wesleyan Church, Launceston; Unnamed Female [Ann (2)], born 2 August 1851, died 4 March 1854 of Scarlet Fever, aged 2 years, 7 months; Harret [Harriet], born 16 November 1853, mother recorded as Bridget Hetherman, residence Maitland.
Six of the couple's children reached adulthood, indeed lived long lives. Of the 3 children who did not, only 1 child, Ann (1), could be said to have counted as an infant mortality. The other 2 died with a few weeks of each other due to contracting the highly contagious bacterial infection Scarlet Fever, otherwise they may have also achieved maturity. Given the remoteness of their circumstances that would seem to be an achievement. Several important details might be inferred from this brief summary of David and Bridget's issue. David was employed at Spring Banks, at least for the early years. Spring Banks was located on the north side of Bishopbourne Road (it now has an address of 1813 Bishopbourne Road). It seems that later in this period of family expansion, the family moved to a nearby property, located in the vicinity of Maitland Road.
A notice in the Government Gazette of 26 November 1839 notified that David, his sentenced about to expire, was eligible to apply for a Certificate of Freedom from the local Police Magistrate on or after 27 December 1839; the original 7 years plus the extension of 2 years. Most of his compatriots had received their certificates 2 or more years previously.^[26] David & Bridget lived quite an isolated existence which made them vulnerable to common Van Diemen's Land scourge, bushrangers:^[27]

Supreme Court, Launceston.
CRIMINAL SIDE.
Monday, JANUARY 6
William Bushel, Martin Birmingham, David Butters and James Baines were severally charged with burglariously entering the house of Mr. Parker, at Dairy Plains, and Stealing sundry articles therein and at the same time putting one David Heath in bodily fear.
David Heath sworn—I reside on an estate of Mr. Parker's, at Dairy Plains. I am his overseer. The house I occupy is the property of Mr. Parker. I pay no rent for it; I reside in it by virtue of my occupation. Mr. Parker has a room kept for him in it, and occasionally sleeps there. I recollect the 28th of last March. Three men came to my house late at night. I was in bed. They knocked and demanded admittance. I was about to get up, when my wife opened the door, and three men immediately entered, each armed with a gun. I was again about to rise when the prisoner Bushel told me to go to bed and remain there, or I should have the contents of his piece. They then enquired who lived in the house, I told them I did. They next enquired to whom it belonged, and on my answering to Mr. Parker, they asked if he was there then, I told him that he was not. They then wished to know when he would be there again, and on my saying it was impossible to tell, they said they "wanted his body." They then began to take my clothes out of the box, and to hand them from one to the other, amongst other articles they took away a looking glass and a pair of braces. I was afraid to offer any resistance lest they should take my life. One man stood at the door whole time they were ransacking my bed-linen. The man who ordered me into bed held his hand upon the lock of his gun ready to fire if I refused. When they had taken what they wanted they all sat down to supper, one of men holding his gun between his knees the whole time. The man who presented the gun at him afterwards went out to the store, first placing a sentry at the bed-room door. There were three men inside the house. I heard them say there were two others outside, but I never saw nor heard any but three of those now at the bar, the fourth man I know nothing about. There were two candles alight, one in the bedroom with me and the other one the men had to get their suppers by. I recognise Bushel and Butters, Barnes I cannot swear to but I believe him to have been one of them. I am quite positive as to the two I have named, it was Bushel who presented the gun at me, it was he that seemed to give directions to the rest, the other two men said but little. Butters I was close to, several times, one of the men had his cap down our eye, so that I could not get a good view of his face. The braces and looking glass produced are my property, the former has been in my possession upwards of three years.
By His Honor— The three men all sat down to supper at the same time
Cross-examined by Bushel— You were the first man that entered the house. The house door does not open into my bed-room. It was my wife who opened the door. I do not know whether she had a light in her hand or not. I am quite sure of your identity.
By the Court—I saw the prisoners the second time at Norfolk Plain, in custody.
Bridget Hetherman Heath—Is the wife of last witness, and remembers the 28th of March, the day before Good Friday. It was about half-past nine o'clock when witness was going to bed, her husband was already gone. Three men came to the door and knocked, it was the witness who let them in. They all presented their guns at witnesses husband and ordered him to go to bed and remain quiet, or he should have the contents of their pieces. They told witness that they had left two more of their party in the hut. The remained about two hours and witness was compelled to cook supper for them. Bushel and Butter, were identified by the witness who then proceeded. The third man had his cap placed over his face in such a manner as to make it impossible to recognise him.
Cross-questioned by Bushel—(the witness is an Irishwoman)—Oh! I know you well enough, it was you that entered first. Sure you were the Captain over the rest, there were three guns amongst you, and you took one away from our house too!
George Warwick an assigned servant to Mr. Parker, corroborated the evidence of this witness and described the manner in which four men (three of whom he now identified as prisoners at the bar) came to his hut, and after tying the witness and five of his fellow servants and placed an armed sentry over then next proceeded to the dwelling of the overseer. This witness, however, could not recognise the fourth prisoner, Birmingham, as belonging to the party, although he was quite satisfied as to the identity of the other three, having minutely examined their features by the light of a strong fire which was burning in the hut at the time of their arrival.
William Wood, a shepherd, who resides in a hut some ten or eleven miles from Mr. Parker's, stated that a day or two before last Good Friday, four men called at his place, and asked a direction to Deloraine Bridge, which having obtained they departed immediately, not however before witness had sufficiently remarked the persons of two of them, whom he now identified as Butters and Bains, the latter was rendered particularly remarkable by a deep scar all the left cheek, and Butters was the man who asked the way.
Thomas Owen, the next witness, is an assigned servant to Mr. Dry, and resides in a hut at Dry's Plains. He stated that a few days before last Good Friday, two men (Birmingham and Baines) came to his hut and enquired the road to Launceston. That witness observed them to be soon after joined by two others, and that the four of them made off in an exact opposite direction to that which witness had pointed out, that his suspicion being aroused by the circumstance, he followed them across the plaint at the distance of about two or three hundred yards, and that once or twice he approached them sufficiently near as to enable him to recognise Bushel and Butters. That witness at length meeting another shepherd who had left him to follow the prisoners whilst he himself went to give information and to procure further assistance, that in turning himself round in about ten minutes after, he saw the prisoners "rush" the shepherd and take his gun from him and again make off. That witness saw them no more, until the afternoon of the same day, when as he was endeavouring to follow them, his progress was suddenly arrested by having a gun fired at him which knocked his hat off, and it so stunned and stupified him as to allow the prisoners an opportunity of further escape. Bushel had formerly been a servant of Mr. Dry's and was well known to the witness.
Mr. Hortle, Chief District Constable at Norfolk Mains, produced a looking glass and braces which he had taken from a knapsack carried by one of the prisoners at the time of their apprehension. These articles were immediately identified by the prosecutor as his property, and the Jury after a slight consultation returned a verdict of Guilty against Bushel, Butlers and Bains.
Birmingham was acquitted.
The prisoners were not sentenced, but removed.
[These men had been put upon their trial on Saturday, but after the case had proceeded a considerable way, His Honor remarked to the Attorney General, that as it appeared from the evidence of the prosecutor. Heath, that he paid no rent for his house, but merely resided in it during the pleasure of his master, it was not legally speaking his dwelling-house, and that therefore as the information charged the prisoners with breaking and entering the dwelling-house of David Heath they must be acquitted, and re-indicted for burglariously entering the dwelling-house of Mr. Parker, which it should seem it occasionally was, as Mr. Parker slept in it at times and had also a room kept for and appropriated to his use. It was upon this fresh indictment that the prisoners were now tried and found Guilty.— REPORTER.]

David was living at Spring Bank in October 1846 when a tragic accident resulted in the deaths of 3 men who were sinking a well for him. There is no record of David ever having owned land, thus the following is unclear whether he was an overseer or perhaps had leased a small plot of land for his own farm:^[28]

COUNTRY INTELLIGENCE.
Dreadful occurrence and melancholy loss of life.— On Friday morning, some men employed in sinking a well for Mr. David Heath, at Spring Bank, near Longford, went to their work between five and six o'clock, when one of them having descended, he was called to by one of the others, who not receiving an answer, also descended: a short time elapsed when a third was let down; those who were at the top of the well not hearing any thing moving below, became alarmed, and immediately made the matter known to Doctor Wilmore, who lives in the neighbourhood; upon his arrival, a messenger was dispatched to Longford for a well-sinker named Richardson, who also descended with a rope attached to his body, and found the three men lying dead at the bottom of the well. Richardson as promptly as possible fastened the rope to two of them and was with them immediately drawn up. On reaching the top he became insensible, in which state be remained for a considerable time, but on recovering, he again descended and brought up the third man. It is supposed they were suffocated with foul air; the depth of the well is about thirty feet, and the bottom is of a yellow clay without water. A Coroner's jury had been summoned to attend an inquest on (this day) Saturday. The names of the men whose lives have been thus suddenly lost, are Thomas Richards, William Keep, and a man known , as "Jack the sawyer,' but whose real name is not yet ascertained.

Death

HEATH—At the residence of his son, Mr. Thos. Heath, Mount Vernon, Mr David Heath, aged 55 years. The funeral will be at Longford at 4 p m. this day (Tuesday). Friends are respectfully invited to attend.^[29] The cause of David's death was "General debility". David's age at death was not consistent with his age as recorded in his several convict records. He had been resident in the colony 33 years 8 months.

Postscript

David Heath (2) No. 1219:
Due to the confusion between the 2 men a brief summary of the details pertaining to the other Wiltshire Rioter / Machine Breaker follows for convenience.
David Heath, son of Thomas & Elizabeth Heath was baptised at Broad Blunsdon on 10 June 1810.^[30] David Heath married Mary Strange by Banns in the Parish Church at Ramsbury, Wiltshire, on 18 February 1828. He was tried on Thursday, 6 January 1831:^[31] David Heath committed the offence for which he was charged at Liddington, ca. 13 km north-west of Ramsbury:^[32]

David Heath (2), 20, and Joseph Watts, 28 were indicted for destroying a thrashing machine, at Liddington on the 23rd November, the property of Joseph Brind and Bryan Bewley.
Peter Dore, bailiff to the prosecutors, was called and said, ‘I occupy a farm at Liddington. Brind and Bewley are joint occupiers of the farm. Heath was the leading man, he had an iron bar which he used to beat the machine. I heard Watts call and ask them what they had done and they said they had done their job. Part of the machine was broken before Watts came, and part before they asked for money.
They then broke a chaff cutting machine and then proceeded to brake the frame of the thrashing machine and took a grub axe from the barn and broke it. They got some money after breaking the machine.’
John Mace was called and said, ‘I was in my master’s field at the plough, when I first saw the mob. They came and David Heath said that I must go with him. I told them that I was unwilling to go. They said they were fighting for bread and if I did not choose to go they would have a leg or an arm, for that was their rule. We went to my master’s thrashing machine. Heath had a bar. Watts was there but had nothing in his hand.
Heath denied having used the words attributed to him, but to the rest he would say nothing.
Watts when asked if he had anything to say to the Jury replied, ‘No, my Lord, I’se got nothing to say to ‘em. I don’t know any of ‘em.’
The Jury found both the prisoners guilty.
Mr Dore was then re-called and stated that when the machine was broken, the prisoners went to him and demanded money and said that if they did not get it, a mob of 100 people would come up. He gave them the money.
The prisoners were called up for judgement. Mr Justice Alderson addressed them. ‘You might thank the lenity of the prosecutor that you are not tried on the capital charge of robbery, by which it is probable that your lives might have been forfeited. The sentence of the Court on each of you is that you are transported for seven years.’</bockquote> Upon arrival and disembarkation from the Eliza at Hobart, David Heath (2) had his description recorded: Name, Heath, David 2nd; [Police] No. 1219; [Native place] Broad Blunsdon; Trade, Ploughman; Height without shoes, 5' 7¼'; Age, 21; Complexion, Pale; Head, M.S.;Hair, Brown; Whiskers, None; Visage, M.S.; Forehead, Perpenr; Eyebrows, Brown; Eyes, Grey; Nose, M.S.; Mouth, M.U.; Chin, Small; Remarks, Several brown moles on both arms.^[33] Another document, a conduct record, was also created. This listed brief details including date of conviction and sentence, 7 [Years transportation]. A note: Transported for "Rioting" Goal Report "Unknown" Married Hulk Report "Unknown" Stated his offence "Machine Breaking" Married Wife Mary Heath on the Parish "at Ramsbury Wilts."^[34] Finally, David Heath was assigned or appropriated to J. O. Gage Esq.^[35] John Ogle Gage had entered the British Army early in 1813, and on Christmas Day the same year was appointed Ensign. Two years and four months later, he was transferred with the same rank, to the 15th or Yorkshire, East Riding, Regiment of Foot. He was again transferred, this time to the 9th Regiment of Light Dragoons, where he held the rank of Cornet, until his retirement on May 3, 1823, on half pay. Gage and his wife, Isabella, arrived at Hobart from Scotland per ship Triton on 20 January 1824. He received a grant of land at Old Beach the same year. This may be have been the 400 a. of land along the north bank of the brook that now bears his name Gage Brook. Gage was also appointed as a Magistrate around the same time. David Heath, possibly at Gage's recommendation was appointed to the police, rank unspecified but presumably as a Constable, in October 1832.^[36]
Having gained a responsible occupation, David Heath then applied, on 21 November 1832, for a free passage for his wife, Mary, to come to join him.^[37] It will become evident that David Heaths' wife was almost certainly the Mary Heath who arrived on board the bark Edward, Capt. Lindsay, 406 tons, from Woolwich 5 May 1834, with 157 female prisoners and 23 children, under the superintendence of Surgeon Sterritt.R.N., also 9 free women and children. The Edward arrived at Hobart on 4 September 1834.^[38]
David Heath was granted a Free Pardon #307 on 3 February 1836, nearly 2 years prior to the expiry of his sentence of 7 years. No record has been found of him having received a Ticket of Leave in the interim.^[39]
The 1842 Census, taken on 6 January 1842, records David Heath residing in a log house at Old Beach, Parish of Brighton. The residence was the property of [Edward] Abbott. There were 5 people present on the night of the census, Heath, presumably his wife Mary, and 3 children born in the colony, a daughter under the age of 2 years and a son and a daughter each between the ages of 2 and 7 years. The births of the latter 2 children appear not to have been registered.^[40]
In addition to the 3 children, the youngest of whom was Ann, born 12 August 1841, the following children were born after the census: Sarah, born 12 August 1843; an unnamed female, born 10 August 1845; Susan, born 28 February 1847; and George, born 7 March 1849.
Mary Heathe [Heath] from Brighton was admitted to the Hobart Hospital on 1 March 1864. She died of Phthisis Pulmonalis at the hospital, on 26 March 1864, aged 52 years. She was "Buried by Friends."^[41]
HEATH.—On February 18, at his son's residence, Bushy Park, David Heath, in the 77th year of his age. Melbourne and New Zealand papers please copy.^[42] The cause of death was recorded as Dropsy.^[43]

Sources

1. ↑ On 24 September 1804, New South Wales Governor Phillip King issued a General Order for Van Diemen’s Land to be divided along the 42nd parallel, to be administered as 2 counties: Buckinghamshire (South) and Cornwall (North) Van Diemen’s Land. The order remained in place until 25 May 1812. However, there remains to this day a figurative if not literal boundary!
2. ↑ DISCLAIMER! Utter confusion abounds in the sources pertaining to David Heath, originating with the Tasmanian Archives & Heritage Office, continuing in Jill Chambers' Wiltshire Machine Breakers (1993), particularly Vol. 2, where she mixed & matched data without providing an explanation. The confusion was subsequently compounded in the 2004 University of Tasmania thesis of Bruce W. Brown. Subsequently Chambers has updated both volumes of her work. Volume 1 is now 2021 and improved but still problematic Vol. 2 is now 2009. The confusion has arisen because two men of the same name, David Heath, both having the same trade, were convicted of the same offence, in the same court, on the same day, with each sentenced to 7 years transportation to Van Diemen's Land. Both men arrived at Hobart in the same ship before their lives diverged. This biography will attempt to unravel the tangle and make a cogent argument as to why the various sources are mistaken.
3. ↑ The sub-heading is "borrowed" from a large project 1775-1848 The Age of Revolution—Making The World Over. A multi-partner/contributor project funded by the UK Government Department of Digital, Culture, Media and Sport.
4. ↑ Luddite (Wikipedia)
5. ↑ Peterloo Massacre (Wikipedia); The Peterloo Memorial.
6. ↑ The Tasmanian (Hobart Town, Tas.), 20/1/1830, p. 6 (Trove) This article, albeit citing Blackwood's Magazine, was originally published in the Sun of unknown date. The article continued citing a number of industrial rather than agricultural riots.
7. ↑ Mary Sullivan, Universtity of Kent weblog; The Age of Revolution, 1775-1848, The Swing Riots, citing E. P Thompson, The Making Of The English Working Class, 3rd ed., London, Penguin Books, 1980, p. 184.
8. ↑ Jill Chambers, Wiltshire Machine Breakers, Volume I: The Riots & Trials (2021), p. 71, citing GA – D1571/X64, Minutes of Trials; The Times, 6 January 1831; The Devizes & Wiltshire Gazette, 6 January 1831; The Salisbury & Winchester Journal, 10 January 1831. Quid Hill (Farm) seems not to have survived the passage of time.
9. ↑ Jill Chambers, Wiltshire Machine Breakers, Volume I: The Riots & Trials (2021), pp. 200-1, citing Wiltshire & Swindon Archives, 1553/12, Letter from Edward Ings, dated 15 December 1830, to the solicitor for the Government at Salisbury.
10. ↑ Jill Chambers, Wiltshire Machine Breakers, Volume I: The Riots & Trials (2021), p. 303, citing GA – D1571/X64, Minutes of Trials; The Times, 6 January 1831; The Devizes & Wiltshire Gazette, 6 January 1831; The Salisbury & Winchester Journal, 10 January 1831. The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales. It is the highest court of first instance in criminal cases; however, for some purposes the Crown Court is hierarchically subordinate to the High Court and its Divisional Courts Wikipedia.
11. ↑ Devizes and Wiltshire Gazette, Thursday, 20 January 1831, cited in pamphlet by Wiltshire OPC Project, 2015, Maureen Withey.
12. ↑ Geoffrey Sharman, Tasmania; SWING RIOTERS to Van Diemen's Land (now Tasmania) compiled 9 December 1998, Revised and extended 28 March 2000.
13. ↑ Jill Chambers, Wiltshire Machine Breakers, Volume I: The Riots & Trials (2021), p. 456, citing TNA – HO9/9.
14. ↑ Colonial Times, 1/6/1831, p. 2 (Trove). The Hobart Town Courier, 4/6/1831, p. 2 (Trove).
15. ↑ Colonial Times, 1/6/1831, p. 2 (Trove)
16. ↑ The Tasmanian (Hobart Town, Tas.), 4/6/1831, p. 8 (Trove)
17. ↑ TAHO, Convicts, Description, CON18-1-6P26 (marked page 49).
18. ↑ TAHO, Convicts, Conduct; CON31-1-20P92.
19. ↑ TAHO, Convicts, Appropriation; CON27-1-5_00061.
20. ↑ Land Informations System Tasmania, Historic Deed 01/1675.
21. ↑ The Tasmanian (Hobart Town, Tas.), 9/8/1833, p. 6 (Trove). Sentence extension reported as 1 year.
22. ↑ The Hobart Town Courier (Tas.), 1/4/1836, p. 2 (Trove). This does not appear in his conduct record.
23. ↑ Launceston Advertiser (Tas.), 31/8/1837, p. 4 (Trove).
24. ↑ The Hobart Town Courier (Tas.), 8/12/1837, p. 2 (Trove).
25. ↑ TAHO; Marriages, RGD36/1/3, #4043. A 'True and Correct' copy of Christ Church, Longford, Marriage Register, (Signed) Thomas J. Gibson, Rector of Longford, March 4th 1935, in possession of George B. Burrows.
26. ↑ The Hobart Town Courier and Van Diemen's Land Gazette (Tas.) 29/11/1939, p. 2, (Trove).
27. ↑ The Cornwall Chronicle (Launceston, Tas.), 11/1/1840, p. 1 (Trove). The couple had at least 1 child, Thomas, by the date of this incident but, surprisingly, no mention is made of the child in this account.
28. ↑ The Cornwall Chronicle (Launceston, Tas.), 24/10/1846, p. 820 (Trove).
29. ↑ Launceston Examiner, 31/1/1865, p. 4 (Trove). TAHO; Deaths—RGD35/1/34, #267. The death was registered at Longford.
30. ↑ Wiltshire and Swindon History Centre; Chippenham, Wiltshire, England; Wiltshire Church of England Parish Registers; Reference Number: 1565/2
31. ↑ Wiltshire and Swindon History Centre; Chippenham, Wiltshire, England; Reference Number: 500/12
32. ↑ Jill Chambers, Wiltshire Machine Breakers, Volume I: The Riots & Trials (2021), pp. 353-5, citing GA – D1571/X64, Minutes of Trials. The Times, 8 January 1831; The Devizes & Wiltshire Gazette, 13 January 1831; The Salisbury & Winchester Journal, 10 January 1831. NOTE. The Minutes of the Trials names the prosecutor Bewdley not Bewley.
33. ↑ TAHO, Convicts, Description, CON18-1-6P27 (marked page 50).
34. ↑ TAHO, Convicts, Conduct; CON31-1-20P93.
35. ↑ TAHO, Convicts, Appropriation; CON27-1-5_00062.
36. ↑ The Hobart Town Courier (Tas.), 12/10/1832, p. 2 (Trove).
37. ↑ Chambers, 1993, Vol. 2., pp. 97-8, cites AOTAS G033/12, p. 120 [not seen]
38. ↑ TAHO, Arrivals, CSO1/1/746/16104 [not seen]. The Hobart Town Courier (Tas.), 5/9/1834, p. 3 (Trove). N.B. There had been an earlier arrival of a Mary Heath who had sailed from London on 4 December 1832, per the George Hibbert, 340 tons, Captain Lusk, which arrived at Hobart on 27 April 1833. Colonial Times (Hobart, Tas.), 30/4/1833, p. 2. TAHO, Arrivals, CUS30/1/1, p. 224 [not seen].
39. ↑ TAHO, Convicts, Conduct; CON31-1-20P93; TAHO, Convicts, Alphabetical Register of Male Convicts CON23-1-2-P043, H 1215 to H 1236.
40. ↑ TAHO, Census; CEN/1/5 pp. 93-94.
41. ↑ TAHO; HSD145-1-1_0003. TAHO, Deaths; RGD35/1/7 #4353.
42. ↑ The Mercury (Hobart, Tas.), 26/2/1884, p. 1(Trove).
43. ↑ TAHO; Deaths, RGD35/1/53, #422. The death was registered at New Norfolk.

• TAHO; Tasmanian Archives & Heritage Office; Libraries Tasmania.
• Trove; Trove is a collaboration between the National Library of Australia and hundreds of Partner organisations around Australia.