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Contact Cathy cageh@optusnet.com.au
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Convict.
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Conviction & Transportation
Sentenced to 7 years
Crime: -
Convicted at: Cumberland Quarter Sessions
Sentence term: 7 years
Ship: Sir William Bensley
Departure date: 9th October, 1816
Arrival date*: 9th June, 1817
Place of arrival New South Wales
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General Muster list of NSW 1823-5
William Coates Per Sir Willaim Bensley 1817 7 FS School master Bathurst
Mary Coates CP Wanstead 1814 Life wife of William Coates Bathurst
Richard 7
James 4
Mary 2 all children of William Coates Bathurst
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John William Coates 36 yo Conditional Pardon arrived on 'Sir William Bensley' in 1817 received 7 years Landholder at Bathurst
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The 1828 Census list
John Willam Coates 36 CP 'Sir William Bensley' 1817 7 Protestant Landholder, Bathurst
Mary Ann Coates 32 CP 'Wanstead' 1814 L P and 6 children as a family group
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The Australian (Sydney, NSW : Friday 22 February 1828)

George Walker, Cornelius Keefe, and Patrick Cuff, were indicted as principals in the first, degree, for having, on the 20th day of October, 1826, stolen ten sheep and ten lambs, the property of Mr. Samuel Terry, and two others, Caleb Adkins and William Coates, for receiving the said sheep, knowing them to have been stolen. On the side of the prosecution the first witness called was JOHN DONNAHOE. Examined. Is a prisoner of the crown, and at present in government service. About eighteen months ago was an assigned servant to the prosecutor, Mr. S. Terry. Recollects about this period the prisoners Keefe, Walker, and Cuff coming, with three distinct flocks of sheep to the Wimberndale station hear Bathurst. Keefe came first with his flock, and drove them into Walker's yard. Shortly after Walker himself came into the yard, when Keefe pointed to a ewe sheep, and told Walker to catch it, which he did, and put the animal into a contiguous drafting yard. Cuff observing witness look on, desired him to go away and get supper ready. At this time, he, witness was employed in the capacity of hut keeper.— After preparing supper in the hut witness returned to the yard, and found that during his absence another sheep had been placed there. The yard was not more than two rods distant from the hut, and the station at this time was under the management of Cuff and Walker. Keefe, upon wit ness's return, was employed in driving the flock out of the yard, and to some distance from it. Prisoner Walker then drove the flocks of sheep, under his charge, into the same yard. Whilst doing so, Cuff a second time desired witness to go away, observing that witness was too busy about the place. Had just before seen Cuff drive one of his sheep out of the flock into the drafting yard. Walker also took a sheep from his flock in his arms, and put it into the same yard with the other sheep , placed there by Cuff. On their coming into the hut to supper, Cuff asked if witness would watch Keefe's flock that night. Witness refusing, some disagreement arose, which induced witness to take his bed out of doors, and attempt to sleep in the open air. It happened that the spot witness had pitched upon to sleep that night, the weather being excessively warm, commanded a distinct view of all the sheep pens. From being a considerable time 0n the station, was well acquainted with the brand used by the prosecutor. It was a small S. T. inclosed. Knows that in branding those sheep, when the brand has been very hot, that the letters have run together into a welt; so that part only of the letter T could barely be seen. About twelve o'clock the same night saw the prisoner Adkins go into the hut, spoke to Adkins, but received no answer. Overheard Adkins say it was time for starting with the sheep, when Cuff observed that they needed to wait till that fellow, meaning witness, had fallen asleep. A few minutes after Cuff, Walker, and Adkins, came out of the hut together, and went into the drafting yard, from whence they drove out the sheep, and put them on the road leading towards another station of the prosecutor's and which also, by a short cut was the way to prisoner Coates's farm. Towards daybreak Cuff and Williams returned, with their small clothes quite wet. Coates's station was about five miles off, and from the direction that the sheep were driven in, they must have gone through a water creek. Witness did hear Cuff and Walker say to each other, after helping Adkins over the Wimberndale Creek, he surely would be able to manage the sheep the rest of the way. About the usual hour that morning Cuff and Walker took out their sheep to depasture, and returned in the evening. After securing their sheep in the pens, was asked by one of the prisoners, cannot say which, to take charge of the sheep, as they were going as far as Coates's. Agreed to do so. Walker and Cuff went away, and returned about midnight, bringing with them a quantity of tea, sugar, soap, &c. Next morning, whilst at breakfast, heard Cuff and Walker complaining of the badness of the tea which they were drinking. Heard one say they would have no more of Coates's rubbish of tea, and added, "I am sure he need not grumble, for he had as fine a young sheep as any in Mr. Terry's flocks. Coates was frequently in the habit of coming to the station. Has seen him bring sheep skins there, and leave them with the prisoner Cuff. During witness's stay in Sydney has more than once met Coates in the street. On Sunday last Coates stopped him and asked when this business, alluding to the trial, was to be brought on. Wit ness was about to walk away, when Coates stopped him, and said, "If you do the thing that is right, you shall not want for money nor a friend while you live. Recollect my wife and family, and make things as easy as you can. He added that Franklin, one of the crown witnesses in this trial, would go back from what he said at Bathurst and there would be no danger. Witness refused to listen to any offers on this score, when Coates, in a great passion, said, "Then go and do your best."
[This witness underwent a long and a severe examination by the prisoners' Counsel. He was altogether nearly three hours in the witness's box. He confessed having once been convicted of perjury, and being punished for it, and also that his implication in the stealing of the cattle in question was not a solitary instance of the kind. — recollected meeting Coates in a public-house in Pitt-street, who, on seeing him, spoke to the landlord to turn him out, as he was not fit society for anyone. The witness admitted He was a runaway from an iron-gang, when he went to a Magistrate to give information against the prisoners, and that this was about fifteen months after the occurrence of the sheep stealing affair.]
GEO. BENJAMIN FRANKLIN deposed that one morning, about shearing time, in the year 1826, he recollected the circumstance of the prisoner Adkins bringing some sheep to Coates's station. Does not know what was the number so brought, nor what or where were their particular marks. Knows, however, that Adkins, when he brought the sheep to the station, had his trousers quite wet. Adkins said he had crossed a creek, and been up all night. The sheep Adkins brought at that time had a mark on the face.
MR SAMUEL TERRY deposed, that in the course of the year 1826 he sustained a severe loss in his flocks of sheep from depredators. His brand is a mark S T under the left eye. In the month of November, 1826, the approver in this case, Donahoe, was employed in washing sheep at Bathurst. It happened that witness indulged this man with more liquor than the other men, who, on particular occasions, ex pected some indulgence of the sort. The liquor seemed to impart an open mind to Donahoe, who one day called the prosecutor aside, and advised him to get his sheep re-branded, particularly the lambs, which he said were being carried away by wholesale. He refused to give any further informa tion on the subject, declining as a reason that by doing so, his life would be dangered.
Cross-examined.— The prisoner Cuff had been in witness's employ for the last seventeen years. Prisoner Walker was a free hired servant. He is a man in whom witness always was and is still disposed to place a great deal of confidence. Believes Donahoe, the approver, to be a very dishonest and in other respects bad man.
JAMES BURGESS examined — Has been in Mr. Terry's service between two and three years. Has seen some sheep in the charge of the mounted police at Bathurst, which bore a brand somewhat like the prosecutor's. There was a letter C branded under the left eye, but the brand was so obscure as to render it difficult for any person to make it out in any way distinctly [At this stage of the trial, it being then past five o'clock; intimation was given to the Court, that there were several more witnesses to be called on the part of the prosecution and that there were as many as fourteen on behalf of the prisoners. The Judge upon this suggested to the Counsel for and against the prosecution, the propriety of the Court adjourning, and deferring a further hearing of the case till ten o'clock next day. Counsel for the prisoners did not object to this arrangement, and the Court in consequence was adjourned till Thursday, when the Court met at the usual hour, and the trial. was proceeded upon.]
Mr. CHARLES SUTTER examined on the side of the prosecution— Is a settler living at Bathurst. In the month of September, 1827, the mounted police searched his flock for some sheep, on suspicion that some of them were Mr Terry's. Blackman, the chief constable, accompanied by one of the mounted police, and an overseer, of the name of Gardner, then in Mr. Terry's employ, after examining the sheep, collected, and took away with them about eighteen head. These sheep witness got from the prisoners Adkins and Coates, with whom he exchanged the said sheep for a mare. Adkins and Coates drove a flock of sheep, which be longed to them, into a washing-yard, and selected from among the number, the sheep in question, which witness purchased, and afterwards drove away to his own station. There were several of witness's servants present at the time of this purchase. During the time of sale witness made some enquiries about the quality and breed of the sheep. Adkins said he had purchased them from Mr. Jones, a settler in the neighbourhood, and who is an extensive stock holder in that district. Coates, who was present at this conversation, con firmed the statement made by Adkins, and said he had then a receipt in his possession for the purchase of the sheep. He further undertook to be answerable for Adkins buying the sheep from Jones. Witness knows that the prisoners Adkins and Coates run their sheep in flocks together. Examined the brands of the sheep at the time of purchase. The brand was a cross. There was a sort of welt on the face of the sheep but no one could distinctly say what was intended by it. They were Iambs, with the exception of one or two. Recollects one ewe, which was thrown into the bargain — that one had a large welt, and appeared to have been once branded with a round brand, but was badly burnt.
Cross-examined— Coates's sheep are marked J C. From the knowledge which witness has of sheep and branding them, there was nothing uncommon about the sheep he bought. Thinks it would not be strange if people, whose christian names happened to be John William, and the surname to be Coates, to brand J C. only as the brand of John Coates, leaving the christian name of William entirely out. Witness bought the sheep in question as Adkins's sheep. The only interest which Coates appeared to have in the disposal of these sheep, was in assuring witness that Adkins had bought them of Jones, a settler, who had a farm in the neighbourhood. Jones (the individual alluded to) has since spoken to witness on the subject of those sheep, and told him that the prisoner Adkins had on one occasion made a purchase of sheep from him. Witness has spoken of a conversation he had with the prisoner Coates. On that occasion Coates said it was agreed between him and Adkins, that he should have the wool the sheep produced, by way of remuneration for the sheep belonging to Adkins grazing on his (Coates's) farm. Cannot tell what were the brands of the sheep bought by witness of Adkins. He bought eighteen on the whole. Re-examined— The mark on the sheep might have been one close brand. It however, was so imperfectly made, that no person could distinguish a letter in it.
M. JAMES BLACKMAN searched the flock of Mr Sutter, in the district of Bathurst, and took thereout seventeen sheep— they resembled the prosecutor's sheep, with the difference of a cross, which appeared not to be a natural mark. This was the case for the prosecution. For the defence the following witnesses were called: —
— — RUGG, a deputy overseer of Mr. Terry's, stated that some sheep of Mr. Terry's were lost from the flock of a shepherd named West, and that he went to the prisoner Coates's station, being the adjoining run, to look for them, but found none. If they had been there, he must have seen them. The prisoners Walker, Cuff, and Keefe, were shepherds in Mr. Terry's employ at this time. If any sheep had been missing at this period from either of those men's flocks, he must have known it, from having to muster them at stated periods. The sheep that were lost belonged to West's flock. Witness cannot be mistaken in his master's brand.-— He examined very carefully the prisoner Coates's flock of sheep, but found none of Mr. Terry's among them.
WM. CHAMBERS-- -Has also been in Mr. Terry's employ as overseer. Has frequently assisted in branding sheep; Mr. Terry's sheep; has had frequent opportunities of noticing the prisoner Coates's flock, both in the pens and on the run, whilst grazing. After the loss of Mr. Terry's sheep was discovered, he was called upon by the Magistrate at Bathurst to inspect some sheep which were there in charge of the mounted police. Understood those sheep to have been sold by Coates and Adkins to Mr. Sutter, from whom they were taken. Witness, on being examined before the Bathurst Magistrates respecting the identity of the sheep in question; and for which the prisoners now arraigned were accused with being complicated in stealing. Made a deposition that they were none of Mr. Terry's property. The prisoner Coates was in close confinement at the time. Witness is enabled to swear most positively that the sheep, the subject of present enquiry, so far from belonging to any of the flocks of Mr. Terry, does not even bear a resemblance to any sheep Mr. T. has. Prisoner Coates's sheep are of a superior breed, and, generally speaking, more adapted for the cultivation of wool than for the purposes of slaughter. Counsel for the prisoners Coates and Adkins here closed their case.
The learned Judge recapitulated the evidence to the Jury at great length, after which the Jury retired to their room, where they remained in consultation for nearly an hour, and then returning into Court, found the prisoners Walker, Cuff, and Keefe, Guilty of the capital part of the charge, viz sheep stealing; Adkins Guilty of receiving the sheep laid in the indictment, knowing the same to have been feloniously stolen; and William Coates, the remaining prisoner, Not Guilty, who was accordingly discharged by proclamation. The prisoners who were found guilty, were then remanded to custody; to be brought up on a future day for judgment.
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The Sydney Gazette and New South Wales Advertiser (NSW : Tuesday 19 August 1834)

SUPREME CRIMINAL COURT.
THURSDAY, AUGUST 14.
(Before the CHIEF JUSTICE, and a Jury of Civil Inhabitants.)

Thomas Bridgens was indicted for feloniously receiving at Reedy Creek, in the district of Bathurst, on the 1st of July, 1833, three oxen of the value of £6 three steers of the value of £6, one cow of the value of £2, and three calves of the value of £2, the property of David Arthur, then lately stolen from him by some evil disposed person or persons to the Attorney General unknown.

Counsel for the prosecution, Dr. Wardell and Mr. Wentworth ; for the prisoner, Mr. Therry.

David Arthur being sworn, said, I am a grazier residing at Boree, in the district of Bathurst ; upwards of two years ago I lost about 100 head of cattle ; I believed they were stolen ; so large a quantity of cat- tle would not have strayed away ; they were branded DA on the offside of the hip ; in April last I found three of these animals in William Coates's herd, grazing at King's Plains, about 60 or 70 miles from my station ; there was one brindled ox ; one red poley ox with a star on the forehead ; and a strawberry cow with one horn off ; I am certain these were my pro- perty ; they formed a part of the 100 I had stolen from me ; I never sold them, nor authorised anyone to make sale of them for me ; Coates refused to give them up to me until a man named Bridgens was pre- sent, of whom he said he had bought them ; my brand was defaced on these cattle, the A being altered into M, but the M was not plain, it appeared blotted ; there was also a brand of TC on the shoulder, which I understood to be Coates's ; I afterwards saw the prisoner upon the subject, and he said he got the cat- tle from the Mahoneys ; Bridgens told Coates that he would give him three bullocks in the course of a week in exchange for them, but the latter would not agree to this ; he insisted upon having back the horse which a man named Ritchie had given to Bridgens for six head of cattle, or he would drive the cattle into Bathurst, and deliver them up to the police ; Bridgens then gave up the horse for the three head, and I took away my cattle ; Coates is agent to Ritchie.

Cross-examined - I last saw the cattle about two years before they were stolen ; I know that some bro- thers named Mahoney had a few cattle in that neigh- bourhood; the name of one of the brothers was Denis ; they afterwards got into trouble and were transported ; after I took away the three head from Coates, the prisoner assisted me in the recovery of three other head of my stolen cattle ; he told me that he had two head of cattle at his place of a similar brand to those in possession of Coates, and if I could identify them I might have them ; I saw them, claimed them, and took them away ; I do believe that the pri- soner bought these cattle of the Mahoney's ; I promised the prisoner ten shillings a head for all the cattle he might be instrumental in recovering for me.

Re-examined - The Mahoneys were transported for stealing from me a portion of the 100 head of cattle ; I prosecuted them for it ; and the cattle that they were transported for, were altered from D A to D M ; they were a part of the 100 head I lost about two years ago.

Cross-examined - I cannot undertake to say whe- ther the Mahonys were convicted of stealing my cattle, or the cattle of some other person ; I only swore on that occasion to one of my cattle positively.

James Walker being sworn, said, I hold a ticket of leave, and in in the employment of David Arthur ; I know Reedy Creek, were the cattle which are the subject of this prosecution were found ; it is near King's Plains ; I discovered three of my master's cat- tle there in Coates's herd ; they were two bullocks and a cow ; when we lost the cattle, they were simply branded DA ; when recovered, the brand was altered to D M ; the alteration of the A to the M was observable ; it was an M laid over the A ; I know the pri- soner's brand was T B, and I have seen his branding iron, and the brand mark on some of his cattle ; his brand mark was not on these cattle ; I did not give evidence on the trial of the Mahoneys ; it was about two years and a-half ago that my master lost the cattle ; it might be 12 or 14 months ago since the Mahoneys got into trouble ; I heard Bridgens say the cattle were made over to him from the Mahoneys by will, or that he had bought them.

Cross-examined - If I were to buy the whole of a man's cattle and his brand was upon them, I might not think it necessary to rebrand them with my own ; I think the prisoner did his best to recover Mr. Arthur's cattle ; he was out with us in the bush for eight days after them.

John William Coates being sworn, said, I live at Grimden Grange, near King's Plains ; it is near Reedy Creek, in the district of Bathurst ; I remember David Arthur claiming three head of cattle in my herd ; those cattle I received in July, 1833, with three others all branded D M, by order of Mr. Ritchie, in payment of a horse he had sold to the prisoner ; Cornelius Brewer received these cattle from the pri- soner by my authority in my absence ; two of the cattle being fat were forwarded to be slaughtered ; Bridgens said if I would give up the three to him on account of Mr. Ritchie, he would deliver them over to Arthur ; I ultimately agreed to this proposal if the horse, which the prisoner had got from Mr. Ritchie were restored to me ; this was done, and Arthur took away the cattle, saying he was satisfied to take them, as he was certain that Bridgens had bought the cattle honestly from the Mahoneys, and that they must have stolen them.

Cross-examined - The Mahonys I think were tried in May or June, 1833, and the cattle were delivered to me in July, which I think sufficiently accounts for their not being marked with the prisoner's brand ; there was a calf also delivered to Bridgens by Arthur, not branded at all ; the prisoner might have kept this if he had liked ; his giving it up was I consider an honest act ; I did not think Bridgens came dishonestly by the cattle, and I am still of that opinion ; the prisoner showed me a written instrument from the Mahonys, conveying over their cattle to him.

Robert Ritchie being sworn, said I live in Sydney ; I exchanged a horse with the prisoner some months ago, for six bullocks, which he was to deliver over to Coates ; I never saw the cattle ; I understand three of the cattle the prisoner delivered to Coates in persuance of the bargain for the horse, were subsequently claimed by David Arthur ; I have got my horse back again.

This was the case for the prosecution.

Mr. Therry contended there was no case to go to the jury. There was no actual evidence to show that the prisoner had received the cattle laid in the indict- ment with a felonious knowledge ; but on the contrary, the expressed opinion of the three witnesses who had been produced on the part of the prosecution was that he had come into the honest possession of them.

Dr. Wardell in reply, said that the usual mode of proof adduced against receivers, was given in the present case ; namely, that of circumstantial evidence. The prisoner had received these cattle according to the examination of the witnesses, from the Mahonys, at a time when they were under commitment for trial for stealing a part of the very 100 cattle from the prosecutor, which were found with the brand mutilated in the same way as those laid in the present indict- ment ; and the presumption was therefore strong that he must have known them to have been stolen. The learned gentleman submitted that there was not only sufficient evidence to go to tho jury, but a very strong case had been made out to support a conviction.

After Mr. Therrv had replied, the court decided that there were sufficient facts sworn to, to put the prisoner upon his defence.

George Luck being sworn, said, I am a carrier between Sydney and Bathurst ; I hold a ticket-of- leave ; I recollect purchasing some cattle from the prisoner in April, 1833 ; part of these cattle were delivered over to me by the chief constable Ba- thurst ; I saw a document from the Mahoneys to the prisoner conveying their cattle to him ; this was about the time the Mahoneys were apprehended ; my impression on seeing the document which I have not a perfect recollection of, was, that the prisoner was empowered to sell the Mahoneys cattle to fee counsel for them ; I believe that instrument gave the prisoner power to dispose of all the Mahoneys cattle.

The prisoner in his defence said that he bought the cattle in an honest way from the Mahoneys, and that when they, were claimed by Arthur, he gave them up without hesitation, and assisted him in the recovery of others for him.

His Honor then summed up the evidence, and told the jury that the defence relied on, was not legally sustainable. The rule of law, and a very sound one, was, that in the possession of whomsoever stolen property was found, it was incumbent on that person to show that he came into the innocent possession of it ; otherwise the presumption was that he had obtained it by guilty means. The impression on the minds of the witnesses that the prisoner had come honestly by these cattle, was mere opinion, which might or might not be justly founded ; but it ought not to weigh against positive facts, such as were exhibited in the strong circumstantial evidence affecting the prisoner.

The jury after about an hour's consideration, came into Court, saying that two of their number could not agree in the verdict. His Honor directed them to retire again, which they accordingly did, and after a farther deliberation for a short time, returned into Court, with a verdict of guilty against the prisoner, who was remanded for sentence.
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Western Advocate
2012
Streets honour Kelso pioneers (by Bathurst Council)
SEVEN pioneers with direct links to Kelso will have new streets named in their honour.
The streets all stand in a new subdivision off Eltham Drive and Graham Drive.
Councillors voted on Wednesday night to approve the names submitted by consulting surveyors Voerman & Ratsep following extensive research by local historians Alan McRae and Carol Churches.

Among the new names are:
Coates Drive: Named in honour of John William Coates, an educated convict, excise officer, police clerk, school teacher and Kelso landowner.
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http://www.curiousfox.com/vill100/DurhamSmallerVillages_5.html
John William Coates, Exciseman, Trimdon, Durham born approx 1790. My Grt Grt grandfather. Pioneer of Bathurst NSW Australia. Anonymous.