Henry Kable was convicted of burglary together with his father and uncle at Thetford, Norfolk, England on 1 February 1783 and initially sentenced to death. On the 5 April, 1783, his father and uncle were hung, however the trial judge, Baron Eyre, sought the King’s mercy on behalf of young Henry (due to his young age of 17). Consequently, his sentence was commuted to transportation to America for 7 years, but due to the American War of Independence, Henry remained imprisoned at Norwich Castle gaol. The conditions in the gaol were horrible, with rudimentary shelters built into the castle walls, extreme overcrowding and food shortages.

At Norwich Castle gaol, Henry formed a relationship with another convict, Susannah Holmes, who gave birth to a son, Henry Jnr in prison in 1786. They applied for permission to marry but were refused. When Susannah Holmes was chosen to be transported to Botany Bay on the First Fleet, Henry begged to accompany her to New South Wales but was refused. The captain of the prison hulk at Plymouth where Susannah was awaiting transportation refused to accept her baby on board, claiming he had no lawful authority to do so. The prison turnkey, John Simpson travelled to London and persuaded the Home Secretary, Lord Sydney to reunite mother and child, and permit Henry to accompany them to New South Wales. Eventually, with support from the Norwich gaoler, Henry and his child were reunited after 10 days and permitted to travel on the First Fleet. The story of the Kables gained traction, and a substantial sum of £20 was raised to supply the Kables with a parcel of goods. Henry embarked on the Friendship, which sailed in the First Fleet to New South Wales on the 11th March 1787.

On Sunday 23 December 1787, Marine Lieutenant Ralph Clark recorded:

Henry Kable “Stole the beef and wood out of the Fore when they had gone down to pump water - Ther[e] never were Such Damned Rascals collected together as ther[e] is on board this Ship.”

After a treacherous 8-month voyage, the First Fleet arrived in Sydney harbour in January 1788. It is rumoured that Henry Kable was the first convict of Governor Phillip’s party to set foot ashore in the new colony. On 10 February 1788, Henry married Susannah Holmes in one of the first weddings in the new colony.

The Court Case

The first civil case in the new colony was commenced by Henry and Susannah Kable on 1 July 1788. The parcel of goods was stowed on the ship Alexander for the journey. The gift however was plundered during the voyage. Henry Kable sued Duncan Sinclair for the loss of the goods en route, receiving £15 compensation. Even though Henry was a poor, possibility illiterate convict felon, he was still able to sue the Ship’s captain for the value of the parcel and win! As Bruce Kercher argued in Debt, Seduction and Other Disasters:

“This was a great victory for the two illiterate convicts, who managed to overcome the restrictions of English law, the military tone of the colony and the court, and the vast legal and social gulf between them and Sinclair. “