Australian Royalty: Genealogy of the colony of NSW

Name: Charles James Gogerly
Gender: Male
Birth Date: 29 Apr 1799
Baptism Date: 26 May 1799
Baptism Place: St Sepulchre, London, London, England
Father: Jacob Gogerly
Mother: Mary
FHL Film Number: 375001

CHARLES GOGERLY, WILLIAM GOGER-LY, and JOHN WHITFORD were indicted for stealing, at the parish of St. Martin in the Fields, on the 20th of November, two handkerchiefs, value 7s. 6d., the goods of Thomas Boswell, privately in his shop.
JOSEPH HAMMON. I am servant to Mr. Thomas Bos well, who lives in the Strand. On the 20th of November, the prisoners, William Gogerly and John Whitford came into the shop together, about nine o'clock in the morning; they asked to look at some cheap silk handkerchiefs; I reached a bundle out of the window- William Gogerly said they were not large enough, I reached some larger out - He took off his handkerchief to measure against them, they were the same size; he said they were not large enough, and asked for some of a figured pattern-both of them went out to point out some in the window, but they did not return. I missed one handkerchief, told Mr. Boswell immediately followed them, and came up with them - I found them talking to Charles Gogerly - They parted. I overtook Charles Gogerly, and saw him take two handkerchiefs from his hat. He tried to throw them down an area-this was before I took him; I picked them up, and secured him; I found our shop-mark on them, and gave him in charge to the officer; they are worth 7s. 6d., the selling price is 10s.; they were two of those I had shown to William Gogerly in the first parcel.
Cross-examined by MR. ANDREWS. There were no other persons in the shop-Gogerly dealt for them. I watched Whitford as he went out; he saw me, and did not attempt to run away.
Cross-examined by MR. ADOLPHUS. Charles Gogerly was not in the shop, he was in Bedford-street, which is about twenty yards from the shop.
THOMAS BOSWELL. I keep the shop and rent the house. On the 20th of November William Gogerly and Whitford came in. I went forward; Whitford said there were some patterns in the window, which he would go and shew me. He went out, Gogerly followed, but neither returned. My shopman immediately missed an handkerchief; we followed them, and found them standing at the corner of Bedford-street, which is about twenty yards off; I secured Whitford, who was in Bedford-street with William Gogerly -my shopman had passed them to pursue Charles Gogerly. Whitford said he had done nothing, and would go with me - I took him to the shop and sent for an officer. While my young man was gone, I saw William Gogerly at the door, looking in at the two prisoners - He ran away when he saw me; I pursued, and secured him about twenty yards off; he ran away when he saw me. They were searched, and not a farthing was found on either of them.
(Property produced and sworn to.)
CHARLES GOGERLY 'S Defence. My brother asked me to go with him to buy the handkerchiefs. We met Whitford, who went into the shop, and came out and told me to put the handkerchiefs in my pocket, which I did.
WILLIAM GOGERLY and WHITFORD made no defence.
C. COGERLY - GUILTY. Aged 18.
Judgment Respited.
W. GOGERLY - GUILTY. - DEATH. Aged 17.
WHITFORD - GUILTY. - DEATH. Aged 18.
Recommended to Mercy.
First Middlesex Jury, before Mr. Justice Bayley.

Charles, along with his brother William and John Whitford were tried at the Old Bailey for shoplifting on 3 Dec 1817. William (aged 17) and John Whitford (aged 18) were found guilty and sentenced to death. Charles' judgment was reserved.
Their sentences must have been commuted because they were transported from Sheerness, Kent, England on the ship Lord Sidmouth leaving on the 20th September 1818 and arriving in Sydney NSW Australia on the 11th March 1819.
Charles was assigned as a labourer to John Warby. William was sent to Port Stephens as a labourer with the Australian Agricultural Company.
Charles was eventually, with 118 others, recommended for conditional pardon on 1st December 1838. He received the pardon officially, two years later, on the 5th December 1840 at Dapto NSW, where he was working as a shepherd at Mullet Creek.

Charles Gogerly, one of 158 convicts transported on the ship Lord Sidmouth, 20 September 1818.
Sentence details: Convicted at Middlesex Gaol Delivery for a term of life on 03 December 1817.
Vessel: Lord Sidmouth.
Date of Departure: 20 September 1818.
Place of Arrival: New South Wales.

The ship Lord Sidmouth (1) arrived in NSW 11 Mar 1819

Charles James Gogerly of Sydney a labourer was charged with publishing an obscene libel on the 8th April 1843 in the form of a newspaper entitled Satirist and Sydney Spectator, of which Charles James Gogerly was the publisher, which described a supposed dialogue between "a number of lewd women, of a most obscene and disgusting description". Charles pleaded not guilty. The Jury returned a verdict of Guilty and Charles was at first remanded for judgment and eventually sentenced to be imprisoned in Berrima gaol for one year.

Charles was the former publisher of the 'Omnibus and Sydney Spectator' and had served a prison sentence for publishing obscene material. Charles and Charlotte moved from Sydney to Port Hacking in 1844, where he spent part of his time as a fisherman and shell gatherer.
In 1856 Captain William Collin went to Port Hacking to fish and gather shells to ship to Sydney for making builder's lime. He met Charles Gogerly and his family whom he believed to be the only permanent inhabitants of Port Hacking.
Charles successfully warded off competition from Collin and his companion by frightening them with a story about a dangerous 'Yahoo' or wild man who roamed the district.
With a homemade boat Charles and his sons fished and harvested the shell heaps of the aboriginal middens, taking the shells out to sea and up to the lime kilns at Milsons Point in Sydney Harbour where the shell was burned to produce lime for use in building mortar.

LAW REPORT.
SUPREME COURT. FRIDAY MAY 28
SITTINGS FOR CAUSES.
Banco Court.—(Before his Honor Sir WILLIAM MANNING
and a jury of four.)
GOGERLY V. YORK
...
This was an action brought by Charles Gogerly to recover
damages from Charles York for trespassing on the plain-
tiff's lands, at Port Hacking, and pulling down the houses
thereon, and removing the materials thereof, and carrying
away barns, timber, fences, and other erections, and destroy-
ing certain fruit trees growing thereon. In other counts
damages were claimed for trespass to, and for the con-
version of the materials of the buildings, and also of
a quantity of household furniture and tools. £2000 was
claimed. The defendant pleaded: 1, Not guilty; 2, the
lands were not the plaintiff's; 3, the goods were not the plain-
tiff's.
The plaintiff's case was that he was possessed of, and
prior to 1874 used to occupy, a dwelling-house at Port Hack-
ing, where he owned two blocks of land of 20 acres and 22
acres respectively, the latter of which adjoined a piece of
land of 10 acres, formerly the property of Mr. T. Lord ;
all of the blocks had frontages to the waters of Port Hack-
ing ; the plaintiff, with his family, dwelt in a cottage
erected on the 10 acres, and on the other blocks had a
dwelling-house partly built, a barn, a tool house, a wharf,
and fences; also an orchard and other improvements; in
1874, he then suffering from ill-health, moved to Sydney, and
took up his residence with a daughter living at Newtown.
Two of his daughters were left at port Hacking for a few
months. They also came to Sydney and left their former
dwelling-house locked up, and all of the improvements
standing. Two of them returned in 1875 to inspect the
place, and found it altogether devastated. Their dwelling
house had been destroyed, the materials removed, the new
house in course of election was demolished, and the timber
taken away. As they were coming near to the remains of
the farm, they being on the water rowing themselves, they
saw the defendant, with some men, removing some of the fruit
trees and timber into a punt, which he had alongside of the
wharf and which he afterwards towed away towards his own
place. The plaintiff and two of his daughters afterwards went
to the defendant's place, which also was on the waters of Port
Hacking, and complained of what had been done. The
defendant admitted that he had removed some of the stones
from the old building which had been upon Mr. Lord's
land, and had built them into an out-house. As to the
other matters he denied all knowledge. A mass of evidence
was given of the value of the portable property and buildings
elected on the land. The defendant's case was that, with
Mr. Lord's permission, he removed some of the stones which
had been portion of a chimney of a hut on his (Lord's) pro-
perty, and also some saplings and one piece of squared timber ;
beyond those things he knew nothing about the plaintiff's
property, end the whole place had been abandoned, and was
opened to any person who might wish to use waste it. The
things said to have been removed were of no value to him.
It also appeared that the plaintiff had purchased Lord's
land.
The evidence was very contradictory as to the value of
the goods, and as to what the defendant had done when he
removed the stones and saplings.
After counsels' addresses to the jury, his HONOR left the
case to them, on the credibility of the witnesses.
The jury, after retiring, returned a verdict for the plain-
tiff, with damages £600.

Name: Charles J Gogerley
Death Date: 1885
Death Place: New South Wales
Father's Name: George
Registration Year: 1885
Registration Place: Newtown, New South Wales
Registration Number: 4292

Charles J. Gogerly
BIRTH 1799
London Borough of Barking and Dagenham, Greater London, England
DEATH 2 Feb 1885 (aged 85–86)
Enmore, Inner West Council, New South Wales, Australia
BURIAL
Rookwood General Cemetery
Rookwood, Cumberland Council, New South Wales, Australia
PLOT Zone B Section CC Grave 23
MEMORIAL ID 189977868