First Civil Case Cable v Sinclair
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The Lost Parcel Storybook is a true account of convicts Henry and Susannah Kable as they fight for their property rights in the new NSW penal colony. The book uses original letters, court records, and newspapers to help families and schools explore equality before the law, access to justice, and Australia’s democratic heritage.
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One page Character Card that tells the true story of convict Henry Kable, the crime that took him here, how he met his wife Susannah, his involvement in the first civil case in the colony and how this event led to him becoming a wealthy businessman and the relation to many Kables in Australia today.
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One page Character Card that tells the true story of Captain Duncan Sinclair, ships captain in the First Fleet who was held responsible for a parcel of goods held on the First Fleet by a convict couple
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One page Character Card that tells the true story of Reverend Johnson in the early penal colony and his involvement in the first civil case between the convict Kable family and ship's captain, Duncan Sinclair.
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The true story of convict Susannah Kable and the crime that brought her here, how she met Henry and had a child in prison and her experiences on the First Fleet Journey.
Reverend Johnson
1755?-1827
Richard Johnson, Church of England clergyman and evangelical minister, was born in Welton, Yorkshire, England, and was the son of John Johnson. Educated at the grammar school at Kingston-upon-Hull, he initially engaged in farming and teaching before studying at Magdalene College, Cambridge, in 1780. Johnson was then ordained by the bishop of Oxford in 1784 and appointed to a rural parish in Hampshire.
On 24th October 1786, Johnson received a royal warrant appointing him ‘Chaplain to the settlement’ of New South Wales. Johnson owed his nomination to the London Eclectic Society (particularly, to John Newton and William Wilberforce). Before departure, he was introduced to The Society for the Propagation of the Gospel and The Society for the Propagation of Christian Knowledge, which supplied him with Bibles and religious books. Johnson and his wife, Mary, sailed with the First Fleet on The Golden Grove, departing Portsmouth in May 1787. Onboard, Johnson conducted Sunday services and led evening prayers. When the Fleet reached Rio de Janeiro, he ministered to marines and convicts aboard the other ships.
Arriving in Australia in 1788, Johnson conducted the first divine service on 3rd February in Sydney 'under some trees' and preached from Psalm 116:12, 'What shall I render unto the Lord for all His benefits toward me?’ For the first five years, Johnson was solely responsible for church services in the colony. He also performed baptisms, marriages, christenings, burials, ministering to condemned men at executions, and taught schoolchildren. He engaged in regular ministrations in Sydney, Toongabbie and Parramatta as well as making a visit to Norfolk Island. He performed the marriage service of Henry Kable and Susannah Holmes on 10 February 1788. Johnson later sat with David Collins and John White to hear their case against Duncan Sinclair, master of the Alexander.
As labour could not be spared for the building of a church, Sunday services were held in the open air or sometimes in a large store. In June 1793, Johnson began to build a church himself, and by September, completed a building capable of holding 500 people at a minuscule cost of about £67. Johnson, with his wife, taught between 150-200 school children in this church. This church was then burnt down in 1798. In 1800, Johnson returned to England on Buffalo with his wife and children. He passed away on the 13 March in Ingham, Norfolk, England.
The Kable’s Case
Before leaving England, the public raised £20 to fund a parcel of goods for Henry and Susannah Kable. Reverend Johnson was entrusted with delivering this parcel to the Kables upon their arrival to the penal colony. It is also believed that Johnson wrote the writ for the Kable’s case, as they were illiterate and could only sign their names with an ‘X’. If this is true, it could be viewed as at least a little problematic, because Johnson also sat as a member of the court (alongside Judge-Advocate David Collins and Surgeon-General John White) which decided in favour of the Kables. This case, Cable v Sinclair was the first civil law case in the new colony.
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.
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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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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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