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Was deportation still in effect in 1911?

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    Was deportation still in effect in 1911?

    In 1911 a distant member of my tree was sentenced to three years penal servitude for “assault” which I discovered was actually rape. In the 1911 census he is an inmate in Lincoln Prison. Later that year, in October, he crossed the border from Canada into the United States on his way to his mother, a Mormon who had left Lincoln and was now living in Salt Lake City, Utah. How did he manage that? The family wasn’t wealthy. He was a blacksmith. Did they make deals for criminals who would leave the country? Was deportation still in effect? I’m assuming he didn’t escape.
    roots firmly planted in the East Midlands

    #2
    Originally posted by Georgia Peach View Post
    Later that year, in October, he crossed the border from Canada into the United States on his way to his mother, a Mormon who had left Lincoln and was now living in Salt Lake City, Utah. How did he manage that? The family wasn’t wealthy. He was a blacksmith. Did they make deals for criminals who would leave the country? Was deportation still in effect? I’m assuming he didn’t escape.
    First - since he has a LDS connection - have you looked him up on Familysearch's FamilyTree? He probably has an entry, and they may have provided some detail.

    Have you looked for an obit? It might provide some detail, but it may be skipped or glossed over.

    I've heard that going to Canada was a common way to migrate to the US.

    Not sure how much passage would have cost, but sources on either side of the pond may have been willing to give money to help him on his way.
    ------------------------------------------------------
    My Families
    London-area Coverly Family Finder DNA Project

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      #3
      I know how he got to Canada - on the steam ship Canada 3rd class ticket. And I know the dates of departure from England, arrival in Canada and the US. I have quite a few details about his life once he got to Salt Lake City and in New Mexico. He isn’t in anybody’s family tree that I can find and the trail goes cold in 1921. I’ve scoured both Ancestry and Familysearch for everything I can find.

      What’s interesting to me is how he got out of prison in the first place, after serving just four months of his three year sentence. He had a couple of other prior convictions for theft, breaking and entering and then, on February 14th 1911

      "Feloniously and violently assaulting one Kate Dobson, and violently, against her will, feloniously did ravish and carnally know her at the city of Lincoln, on the 14th February, 1911 Sentenced to 3 years penal servitude”

      Penal servitude is hard labor. I’m just curious as to how he got out of the three year sentence after serving just four months. Some kind of plea bargaining?

      roots firmly planted in the East Midlands

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        #4
        I have found the answer! He appealed the conviction and it was quashed on 29 July 1911. Found an abstract in the British Newspaper Archive.
        roots firmly planted in the East Midlands

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          #5
          Originally posted by Georgia Peach View Post
          I have found the answer! He appealed the conviction and it was quashed on 29 July 1911. Found an abstract in the British Newspaper Archive.
          Well done, Georgia Peach.

          "Feloniously and violently assaulting one Kate Dobson, and violently, against her will, feloniously did ravish and carnally know her "

          I have come across a couple of cases where the accused has either been found not guilty and acquitted, or has appealed and his sentence has been over-ruled. Never been sure, from the reported evidence, whether or not such a serious offence had actually taken place and also to what extent outcomes could partly have been due to the attitude of society towards women and their lot in life.
          I have one interesting case in the 1860's where the young man accused of the above crime was remanded in the local gaol whilst awaiting trial and died whilst in custody. I never got back to the relevant county record office to see if there were any attempts to find out the circumstances of his death - it was the alleged victim who was a fairly small twig on my tree, rather than the accused teenager.
          Janet in Yorkshire



          Genealogists never die - they just swap places in the family tree

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            #6
            After I discovered that his sentence had been quashed I dug a bit deeper and discovered that he didn’t even appear at the appeal hearing, that he had behaved as though innocent throughout, and there was “reasonable doubt”. Leaving for Utah must have been a whole lot more appealing than staying in Lincoln where everyone knew about the case. I found reports in newspapers from all around Britain. Plus, he had a couple of other convictions he had served time for.

            I also looked for Kate Dobson, the alleged victim. I couldn’t place her age accurately but I believe her to be 16 and not 19, the age attributed to her in one newspaper report. He was 21.
            roots firmly planted in the East Midlands

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              #7
              My ancestor was convicted of raping his maid and was sent to prison. But his wife rallied the local population and they petitioned his release. The brother of the maid later stated he found out she tried to extort my ancestor and threatened him with blackmail by saying he'd raped her if he refused to pay. With this statement, my ancestor was released.

              only 3% of rape cases are successfully tried in court these days, so not surprising that historically most men get let off.

              but does make one wonder where the truth is in the case. Attitudes against women would have been particularly harsh in those days.

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