John was sentenced to 6 weeks solitary confinement at a Court Martial held in Athlone, Ireland on 2nd February 1835 and was marked with the letter "D". From July-September he had a further 9 days sick leave, followed by 8 days in October- December. In January-March 1836 he was sick for 2 days however, marched with the regiment from Enniskillen to Dublin between 26th March and 2nd April 1836. On 29th June he boarded the vessel from Dublin to Canada- the journey taking 53 days; however time may have been spent in port at Dublin or Montreal. The regiment arrived at Quebec in August 1836 and was based in Montreal but John was on detachment at St Helens in January 1838. In February 1838 John rejoined the regiment in Montreal but deserted again 14 July 1838 only to be recaptured 23rd July 1838. He was held in confinement and then tried by Court Martial at Montreal, Lower Canada, convicted of desertion from the Royal Regiment and sentenced on 15th August 1838. Court Martial transcriptPrivate John Cocker 863, 2nd Battalion 1st (or the Royal) Regiment of Foot was arraigned and brought to trial on two charges: (1) for deserting from the Regiment at Montreal on or about the night of 14th July 1838 and not returning until brought back by an escort on or about the evening of 23rd July 1838. (2) for making away with or losing through neglect one side belt and bayonet complete, being part of his Regimental appointments. To which the prisoner John Cocker pleads guilty. Three witnesses in evidence for the prosecution were heard. Question by the court: "Has the prisoner been warned that his former convictions would be brought in evidence against him?" Answer: "Yes he has." Question by the court: "What is the age, length of service and general character of the prisoner?" Answer: "He is 25 years and 11 months of age; he has been 6 and a half years in the service and his general character is bad." The court is closed The prisoner John Cocker being called on for his defence has nothing to urge in extemnation. Opinion and finding of the Court Martial: 1st charge: guilty 2nd charge: guilty The court having found the prisoner GUILTY of both the charges preferred against him which being in breach of the Articles of War and taking into consideration his former convictions and general bad character do now sentence him the prisoner Private John Cocker 863 2nd Battalion 1st (or the Royal) Regiment of Foot to be transported as a Felon for 21 years and further to be marked with the letter D after the manner prescribed by the Mutiny Act. (signed) Arthur W. Biggs Major 7th Hussars and President (signed) G. Muller Capt. The Royal Regiment (acting) Deputy Judge Advocate Confirmed: His Excellency Sir John Colborne Lieutenant General Commander of the forces in the Canadas. His name appears on a list of military prisoners in the Quebec city gaol awaiting transportation (our RG 8, series I, volume C 173, page 43) - which list offers less detail than that found in Home Office records. The month is thought to have been September or October. One point not clear in the record is whether he was sentence directly to transportation or had a death sentence commuted to transportation. John was transferred on 30 November 1838 to the hulk ‘Leviathan’ moored at Portsmouth, England. He spent several months on the ‘Leviathan’ (entry # 4371), appearing on the quarterly returns for the last quarter of 1838 and the first quarter of 1839 (see Home Office 8, volumes 58 and 59, for Leviathan # 4371). This suggests he travelled by steam-boat from Montreal to Quebec, and was sent onward to England on 2 November 1838 aboard the HMS ‘Atholl’, arriving before the end of December - the records in HO 8 and HO 9 rarely note dates of arrival on the hulks. His transfer to the transport the ‘Marquis of Hastings’ on 12 March 1839 is recorded both in the quarterly return HO 8/59 and in the register of ‘Leviathan’ (HO 9/14, folio 47). He departed England 12 March 1839 on the ‘Marquis of Hastings’. He was a shoemaker aged 25, single, illiterate and with a bad gaoler's report. Three months and17,000 km later he arrived in Van Diemen's Land. Extract from Tasmanian state library records - signed by B Wray, State Librarian "He arrived on board the Marquis of Hastings on 23rd July 1839 from Portsmouth, England, after having been sentenced to twenty one years for desertion, at a court martial in Canada on 14th August 1838. He stated the offence "Desertion, absent four days" and also said that this was his third conviction for desertion. Convict recordJohn's official convict records (2488) records described him as: - Trade - Shoemaker
- Height - 5ft 8 inches (172 cm)
- Age - 27 (DOB 1812)
- Complexion - Dark
- Hair - Dark Brown
- Whiskers and Eyebrows - black
- Head - round
- Eyes - blue
- Nose, mouth and chin - medium (CON 31/8, 52/2 18/16)
They show his time was troubled. 15th June 1841 John was sentenced to twenty four lashes for disobedience of orders 18th November 1841 John was sentenced to 14 days solitary confinement for insolence 1st November 1842 John was sentenced to six months hard labour in chains for cruelly mistreating a horse and for insolence. At this time he was in the Ross chain gang. This was his third conviction since 1841 and his records note that he was "never to be again assigned" 21st December 1842 Misconduct 29th December 1842 He was sentenced to seven days solitary confinement for refusing to work on the road gang 15th April 1843 He was given another four days solitary confinement for neglect of duties on the road gang 1st May 1843 Another charge of neglect of duty saw him sentenced to 24 hours solitary confinement 4th October 1845 A charge of misconduct resulted in a sentence of 3 days solitary confinement On 27th July 1845 he applied to marry Sarah Briggs and this application was approved. Marriage records show that John Cocker aged 33 years, shoemaker married Sarah Briggs aged 17, spinster at the Church of England at Green Ponds (now Kempton) on 22nd August 1845. John and Sarah went on to have eleven children: seven sons and four daughters John was given a ticket of leave on 10th February 1846 and was granted a Conditional Pardon on 30th January 1849. John died in 1872 when accidentally killed by falling into the drum of a steam threshing machine. His grave is in the grounds of the Evandale Uniting Church and a plaque and seat in his memory have been placed there by his great-great-granddaughter Julie Blackberry. John's death The Coroner's report into John's death states: "AN INQUISITION indented taken for our Sovereign Lady the Queen in the County of Cornwall within the Island of Tasmania this Tenth day of February in the 35th year of the Reign of our Sovereign Lady Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith before my, John Ralston Esquire one of the Coroners of our said Lady the Queen for the said Island and its Dependencies on view of the body of John Cocker then and there lying dead upon the Oaths of David Collins, William Barrett, Thomas Grundy, George Urch, Nathaniel Hood, Joseph Bennett, and Richard Hood good and lawful men of the said Island and duly chosen and who being then and there duly sworn and charged to enquire for our said Lady the Queen when where how and after what manner the said John Cocker came to his death do upon their Oath say THAT on the Tenth day of February in the year aforesaid the said John Cocker being employed as feeder on the drum of a thrashing machine accidentally casually and by misfortune became entangled with the machinery thereof and his left foot was being drawn in by such machinery was completely crushed and his leg otherwise injured of which he the said John Cocker instantly died and so the jurors aforesaid upon their oath aforesaid do say that the said John Cocker in manner and by means aforesaid accidentally casually and by misfortune came to his death and not otherwise IN WITNESS where of the said Coroner as the Jurors aforesaid have to this Inquisition set their Hands and Seals the day and year and place above mentioned Signed by David Collins - Foreman John Malston - Coroner and the aforesaid Jurors." There is also a newspaper report in the Cornwall Chronicle of Wednesday 14 February 1872 of the Thrashing Machine Accident at Evandale. A shocking accident occurred about six o'clock on Saturday last, at Evandale by which a man named John Cocker lost his life. The deceased was employed as a feeder to Mr Bryant's thrashing machine engaged at Mr. Easton's Cambock and it appeared from the evidence taken at the inquest (which was held at the house of Mr. P. Mullane, Macquarie Hotel before John Ralston, Esq, coroner, and a respectable jury, on the afternoon of Saturday that the deceased had just finished emptying the headings out of some bags into the drum of the machine, and was scraping the loose stuff with his foot, when the men engaged with him were startled by a cry, and looking round saw the deceased in the machine, the belt of the wheel immediately flew off, but not before the left leg of the poor man, as far as the thigh was literally smashed or ground to atoms. His fellow workmen set to work to extricate him, which occupied about six or seven minutes. He spoke a few words whilst they were so engaged, but after they got him out he never spoke. He died in a few minutes. The only person on the drum of the machine with the deceased was his son, who was engaged cutting the bands and passing them to his father who was feeding. He stated in his evidence that the last bag of headings had just passed through, and his father had thrown him the empty bag. He saw his father scraping the loose straw together. When he turned round to throw the empty bag on the ground he heard his father cry out, and looking round saw him in the machine, and he called out to stop it. Before the driver could stop it the belt flew off. The son went to assist to take him out, whilst taking him out he said "Don’t; let me alone; I’m all right" He never spoke afterwards. Dr Stewart was examined; and deposed that he saw the deceased immediately after the accident. He was quite dead. He found that the bones of the left leg and the muscles, and also part of the muscles of the thigh were torn off by the machine. He attributed his death to the loss of blood and the shock. On examining the machine, large portions of the flesh and bone were seen. The deceased wore green spectacles at the time of the accident to prevent the wheat striking his eyes. He had two sons with him at the time - one was engaged in driving the engine and the other in cutting the bands of the sheaves. Verdict- "Accidental death from injuries received from falling into the drum of a thrashing machine whilst at work." Deceased was a hard-working man, and has left a widow with nine children living at Kentish Plains. A subscription list was opened at Evandale on Saturday night to raise funds for the funeral, and to assist his widow and family, when in a very short time over 12 Pounds was collected. John married Sarah Elizabeth Briggs, on 22 Aug 1845 in Green Ponds (now Kempton) and they had 11 children: John, Sarah, Joseph, Louisa, Margaret Alice, William Alfred, George Samuel, Albert, James, Charles Robert Arthur and Jane Evangeline. John Cocker John Cocker was born on 22 May 1846 in Brighton Tasmania and died on 30 Dec 1930 in Lower Barrington Tasmania at age 84. John married Rebecca Airey, daughter of Allen Airey and Amelia Nolan, on 25 Jun 1877. Marriage status: married. Rebecca was born on 20 Dec 1855 in Westbury, Tasmania and died on 7 Aug 1924 in Lower Barrington Tasmania at age 68. They had ten children: Alice Maud, Edwin Allen [ Tas ], Amelia Adeline, Ada Mary, Annie Louisa, Herbert John, Clarence Louis [Trick], Amy Emmeline, Amanda May and Amenia Helena [Minna]. Sarah CockerSarah Cocker was born on 26 Apr 1848 in Campbell Town Tasmania and died on 1 Jul 1932 in Barrington Tasmania at age 84. Sarah married Thomas Bennett on 27 Feb 1873 in Home of John Cocker Barrington. Marriage status: married. Thomas was born about 1837 and died on 21 Jul 1918 in Barrington Tasmania aged about 81. They had seven children: John Osborne, Mary Ann Olive, Lillian Sarah Elizabeth, Hedley Ted Mansley, Edwin Leslie, Frances Elsie May and Laura Amy May. Joseph CockerJoseph Cocker was born on 13 Nov 1851 in Hadspen Tasmania and died on 19 Jul 1937 in Hospital Launceston at age 85. Joseph married Emma Agnes Jones on 23 Oct 1876 in Church Of Christ Longford. Marriage status: married. Emma was born about 1852 in Gatehouse Perth and died on 7 Sep 1921 in Springfield aged about 69. They had nine children: Emma Louisa, Joseph George, Margaret Ethel May, Frederick James, Alfred Ernest, Albert Edward, Percy Douglas, Florence Matilda and Arthur Tasman James. Louisa Cocker Louisa Cocker was born on 8 Nov 1853. Louisa married Thomas Rutter on 11 Apr 1872 in Wesleyan Parsonage District Of Port Sorell [Latrobe]. Marriage status: married. They had 11 children: Alice Sarah, Thomas Samuel, Alfred John, Arthur Wesley, Walter Leonard, Herbert William, Ada Adeline, Ernest James, Louise Amy May, Louis Royal and Joseph Charles. Margaret Alice Cocker Margaret Alice Cocker was born on 11 May 1856 and died on 8 Feb 1885 at age 28. Margaret married George Thomas Alomes on 19 Feb 1879 in Independent Church Tamar St Launceston. Marriage status: married. George was born on 27 Apr 1852 and died on 20 Aug 1930 at age 78. They had two children: Lilly and Maria May. William Alfred CockerWilliam Alfred Cocker was born on 19 Aug 1858 and died on 29 Mar 1859. George Samuel CockerGeorge Samuel Cocker was born on 1 Jul 1860 and died on 25 Apr 1890 at age 29. George married Annie Martha Richards on 30 Nov 1887. Marriage status: married. Annie was born about 1869. They had one daughter: Fanny Ada Antenetta. Albert Cocker Albert Cocker was born on 11 Sep 1862 in Westbury, Tasmania and died on 3 Mar 1863 in Westbury, Tasmania. James CockerJames Cocker was born on 19 Nov 1863 in Westbury, died on 7 Apr 1955 in St Marys, Tasmania at age 91, and was buried about 1955 in St Marys, Tasmania. James married Alice Matilda Richards on 29 Aug 1883 in Westbury, Tasmania. Marriage status: married. Alice was born on 20 Jun 1864, died on 31 Aug 1943 in St Marys, Tasmania at age 79, and was buried in St Marys, Tasmania. They had ten children: William Ernest, Alfred Henry, Albert James, Leonard John, Leslie Montague, Herbert Frank, Clarence Charles Roy, Ada Amelia, Cyril Edwln and Frederick Joseph. Charles Robert Arthur CockerCharles Robert Arthur Cocker was born on 27 Jul 1866 in Westbury, Tasmania. Jane Evangeline CockerJane Evangeline Cocker was born on 27 Oct 1870 in Westbury, Tasmania and died on 14 Mar 1898 at age 27. Jane married George Morse Day on 26 Jun 1892 in Home Of John Cocker Brother Of Bride At Barrington. Marriage status: married. George was born on 30 Apr 1859 and died on 24 Dec 1939 at age 80. They had three children: Albert George, Henry Benjamin and Mildred Alice.
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