First Civil Case Cable v Sinclair
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Suggested Lesson Plans for the Lost Parcel, including a suggested 3-4 period lesson plan (approximately 2-4 hours) for teachers wanting to teach the story book The Lost Parcel and the story of the Kables. This includes detailing learning intention, success criteria and outlines for the structure of the lessons.
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Stories of the First Fleet: Knowledge and Understanding. Using short answer questions, this resource uses the book ‘The Lost Parcel’ to investigate the lives of two convicts Henry and Susannah Kable, their reasons for transportation with the First Fleet, the attitudes of the English community to their plight and their experiences in the early colony.
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Stories of the First Fleet: Investigating Source Documents. This resource uses two source documents, a letter from Reverend Richard Johnson, and the Charge Sheet from the NSW Court of Civil Proceedings (see below) to investigate the lives of Henry and Susannah Kable and their experiences with the legal system in the early colony.
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Timeline Worksheet. Using the details from the Lost Parcel Book or their own research, students can complete this timeline of events.
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Write your own Play or Narrative. This activity helps students create a play or narrative story to deepen their understanding of the story of Henry and Susannah and their
lost parcel.
Susannah and Henry Kable and the Lost Parcel
Write your own play
Learning Intention:
To create a play or narrative story that would help primary students understand the story of Henry and Susannah and their lost parcel.
Success Criteria:
We have written a script and can perform our interpretation of the story of the Kable’s using a play or narrative format.
Resources
Use your copy of The Lost Parcel, your completed worksheets and the Case Summary, Evidence and the Rule of Law information sheet to help you complete this activity.
Activity instructions
You are to write a short play or narrative (five minutes) targeted at primary school students that tells the story of the Kable family, their lost parcel and the outcome of their civil court case.
The purpose of this play is to educate primary school students about this story and why it is important. You will then perform this for your peers in class at a time allocated by your teacher.
All people in your group must appear in the play or narrative and all should contribute to the writing of the script. As an idea, you could all sit together and write your own lines in response to the others in the scene.
You should have at least 3-4 scenes that include the following times in the story:
Time and events in England that led to transportation
Arrival in Australia
Help from Reverend Johnson (including being married!)
The court case and outcome
Key components to include
Your play must include the people identified in the list below, evidence and important principles.
People
Susannah and Henry Kable
The Ship’s Captain (Mr Duncan Sinclair)
The Reverend Richard Johnson
Three independent persons to judge the merits (truths or facts) of the case
Two or three eyewitnesses
Evidence
Eyewitnesses accounts were provided during the trial.
William Aston Long, First Mate of the Alexander transport testified that he saw the parcel loaded onto the ship and that it was stored in the gun-room.
Thomas Trimmings, Steward of the Alexander transport remembered seeing the parcel when the ship stopped at Rio de Janeiro.
John Hunter, Captain of the Sirius stated that, on request of Governor Phillip, he inquired to Captain Sinclair about the parcel at Cape of Good Hope. Sinclair told him the parcel would be delivered when they got to Botany Bay.
Important Principles
The play or narrative should highlight the different social standing of Henry and Susannah Kable in comparison to the Ship’s Captain, Duncan Sinclair.
It should also demonstrate how the justice system in the new colony treated Henry and Susannah, particularly how the justice system and its administrators chose to treat all persons equally and how this equality protected Henry and Susannah Kable.
Further ideas to include: What happened next?
Following this case, Henry Kable became a Chief Constable and had many successful business ventures. This may not have been possible if he could not have used the Courts to receive justice. Research some of the businesses that he had and how the Kable’s lives unfolded over time as the colony grew to create a more complete picture of the story of the Kable family.
Related Resources
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Summary of the first civil case in NSW : Cable v Sinclair in July 1788. The Cables (Kables) were a poor convict couple and Sinclair was the powerful captain of one of the ships in the First Fleet. This is a summary of the court case and outlines the evidence given during the trial.
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Suggested Lesson Plans for the Lost Parcel, including a suggested 3-4 period lesson plan (approximately 2-4 hours) for teachers wanting to teach the story book The Lost Parcel and the story of the Kables. This includes detailing learning intention, success criteria and outlines for the structure of the lessons.
-
Stories of the First Fleet: Investigating Source Documents. This resource uses two source documents, a letter from Reverend Richard Johnson, and the Charge Sheet from the NSW Court of Civil Proceedings (see below) to investigate the lives of Henry and Susannah Kable and their experiences with the legal system in the early colony.
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Read the text of Cable v Sinclair [1788] NSW KR 7, Court of Civil Jurisdiction Proceedings, was written on behalf of the Kables (who at the time were illiterate), and addressed to the Judge Advocate of the colony, David Collins. This was the first civil case that was held in the new colony of New South Wales.
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