A Battle against the odds, Chapter 12, part 8

A transcription of the NSW family history book A Battle against the odds, Chapter 12, part 8
This part deals with what we know of the final years of former convicts, John and Mary Smith in NSW

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1828 Census

 
As well as identifying that John and Mary are indeed the ones who arrived on "Sir Wm Bensley" and "Elizabeth" respectively, the Census lists the five children and the fact that they owned "five head of cattle". Children born up to 1828 were:
Margaret 9, John 6, mary 5, Henry 3, and James 2.
Obituary Notice – Sydney Morning Herald 18th June 1868
"On Monday, the 15th instant at her residence, Box Hill, Windsor Road, Mary relict of the late John Smith, aged 69 years."

Postscript

 
Banished from their native lands John and Mary found each other in this new Colony 12,000 miles from the country that had disowned them.
Surely the spark of life they passed on to their descendants burns more strongly today as we pay tribute to their memory.

By Hilda and Eric Lukeman
Currumbin, Queensland, 1986.

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This is the end of the main section about John and Mary written by Hilda and Eric Lukeman in 1986. However more is to follow from other sources regarding the trial of John Smith at the Old Bailey in 1816.

To be continued...

 

A Battle against the odds, Chapter 12, part 7

 A transcription of the NSW family history book A Battle against the odds, Chapter 12, part 7
This part deals with the subject of children on the Sydney-bound convict ship, Elizabeth I in 1818, and the distribution of the convicts on arrival. My GG Grandmother was on board, having been convicted in Dublin, Ireland.
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Children on the Ship

 
A feature of this voyage (and no doubt others as well) was the number of small children who accompanied their mothers. There is no mention in the shipping records of this but it is revealed when lists were drawn up in Sydney for the distribution of the arrivals. We quote a sample only to illustrate:
"Mary Carroll and 2 girls
Elizabeth Maher and 2 girls
Mary Coulter and i boy
Martha McElroy and 1 boy."
For a child to be left behind to endure the appalling conditions prevailing in Britain and Ireland then, is almost too dreadful to think about. One wonders how many family historians are unable to locate an ancestor who may have arrived as "and 1 boy"?

Distribution

 
A list dated 25th November, 1818 just six days after "Elizabeth" arrived, was sent by Secretary Campbell to H. McArthur Esq. J.P. Parramatta. It contained the names of "51 female convicts landed from the transport ship Elizabeth (2nd)". Five were assigned to individuals as follows:

Honora O'Hearne           for Mr. Moore, Liverpool
Ann Daly.......................for Capn. Brabyn
Ann McLoughlin...........for N. Bayly Esq.
Mary Bergin............ for N. Bayly Esq.
Ann Armstrong........for Mr. Williamson.

These five were unencumbered by children. The other 46 were "for teh Factory at Parramatta". All were "sent forward to Parramatta by water". Mary (no children) was listed No. 27 and her name appears as "Mary Tully".

So, exactly 20 months after John Smith was sent up the Parramatta River to the Rev. Samuel Marsden J.P. his future wife was sent the same way to the same town, this time to H. McArthur Esq. J.P.

Later she is recorded as "Maria Ellis" and in 1820 as "Mary Ellis" - "Govt. Factory". Surprisingly she appears in the Govt. Factory in 1821 even though she and John were married the year before. For her marriage on 4th September, 1820 Mary was shown as Mary Ennis. Her abode was recorded as Pitt Town. We can assume that she still had four years to serve before her sentence terminated; (Tickets of Leave were not issued to women) her name would have to appear on an official list even though she was not physically at that place.

Mary became "Free of Servitude" in September, 1824 exactly seven years after she was sentenced.
A feature of Mary's career up to her marriage is that time after time one is led to think the person researched is not our Mary, or that there are two or three different people being confused as one. But, every lead meets at the vital points and there is just no way other than one person only is involved.

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 Transcription of A Battle against the odds, Chapter 12 to be continued...

A Battle against the odds, Chapter 12, part 6

A transcription of the now out of print family history book, A Battle against the odds, Chapter 12, part 6. This section concerns the Irish convict, Mary Tully Smith (1799-1868), my GG Grandmother.

In this section Irish convict Mary Tully sails from Cork, Ireland on the convict ship, Elizabeth I. Their destination is Sydney, in the colony of New South Wales.
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At 5 pm the same day 28 female convicts from Cork Prison came aboard "repeatedly cheering as they came alongside" (wrote Surgeon Wm. Hamilton). A few days later three more from Cork arrived on board making the total of 101. Anticipating possible rivalry between Dublin and Cork groups Surgeon Hamilton immediately divided the 101 convicts into small sections and issued them with identical supplies of food and clothing. He also made it clear that each section was responsible for its own welfare, cleanliness and adherence to his orders designed to get them to their destination 12,000 miles away in good health and condition.
The wisdom of these measures is confirmed by the records which show that all 101 female convicts sailed from Cork on 26th July 1818 and they were all landed safe and sound in Sydney on 19th May 1818. There were no deaths and very little illness on the ship which sailed "direct" to Sydney in only 116 days. The ship was 482 tons, built at Chepstow 1809 Master Wm Ostler, Surgeon Wm. Hamilton.

Surgeon's Journal
 

The copy of this journal can be seen at the NSW Public Library. There is nothing spectacular about it and it contains repetitions of the day to day routine set from the start in Cork Harbour. The good thing about the operation is that he succeeded in his intention to maintain cleanliness, harmony and good health. In 1986 we may well give thanks to Wm. Hamilton. Governor Lachlan Macquarie was pleased to endorse the Journal on 15th January 1819 as follows:

    "Having perused the forgoing Medical Journal and Diary, I have every reason to express my entire         approbation of Surgeon and Superintendent Mt. William Hamilton's conduct."
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My note. I have transcribed this section directly from the book, A Battle against the odds. However, the original author has made an error in stating the convict ship left Cork, Ireland in July 1818 and arrived in Sydney on 19th May 1818. The date of arrival should read 19th November 1818.

Transcription to be continued...

A Battle against the odds, Chapter 12, part 5

 A transcription of the NSW family history book A Battle against the odds, Chapter 12, part 5. This section concerns the Irish convict, Mary Tully Smith (1799-1868), my GG Grandmother.

 

Mary Smith

 
Mary appears in the records with several surnames, but the main ones are Ellis, Ennis and Tully.
We tend towards Tully, as baptismal records in the church archives almost always show her maiden name as Tully. On her death certificate her father's name is shown as Charles Tully. Mary's was Irish and her trade was "silkwinder". She was tried and convicted of "house robbery" in Dublin (Cloudwell) in July, 1817 and sentenced in September, 1817 to transportation for seven years. She remained in Dunlin Prison, a place of disease and degradation until taken by ship with 69 other female convicts to Cork Harbour where, on 11th July, 1818 they were put on board the ship "Elizabeth" which had been used as a convict transport to Australia once already. Three other ships named "Elizabeth" later plied the same route with a similar cargo so, to distinguish them in the records they appear as "Elizabeth" I, II, III, and IV. As this was."Elizabeth" I's second trip the figure (2) is also added.
So the ship Mary found herself on was ."Elizabeth" I (2). Its first voyage to Australia as convict transport was in 1816 and its third and last was in 1820.
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Transcription of A Battle against the odds Chapter 12 to be continued.....

A Battle against the odds, Chapter 12, part 4

A continuation of my transcription of the NSW family history book, A Battle against the odds, Chapter 12, part 4

 Part 4 describes my GG grandfather John Smith's journey to New South Wales.

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Sir William Bensley

This is the name of the ship which brought John Smith and 198 other convicts to Australia. The ship sailed carrying 200 convicts but one died

Sir Wm Bensley was 584 tons built Ipswich 1802. Master Lew E Williams, Surgeon Wm Evans.

A V.I.P.
 

Also on board was William Sorell who had been appointed Lieutenant Governor of Tasmania to succeed Thomas Davey. Sorell went on to Hobart where he arrived on 8th April 1817. For seven years he administered the government with such ability and vigour that he earned the respect of Governor Macquarie.

Distribution

 
On 21st March 1817, 11 days after the arrival of the ship Sir Wm Bensley, Secretary Campbell sent a list of 84 convicts from his ship to Rev. Samuel Marsden J.P. at Parramatta. The 84 men "are now sent forward to Parramatta by water and you are to distribute them according to the list" wrote Mr. Campbell. They were assigned as follows to settlers in the following districts:
    

     23 Parramatta 

    25 Windsor
    20 Liverpool
    16 Bringelly

John's name was no. 19 on the list for Windsor "for general distribution". Three of the 25 were assigned to Mr. Cox and two sawyers to Mr. Howe. With a little imagination you can picture John Smith and 83 others sailing up the Parramatta River from Sydney to the wharf at Parramatta where perhaps they may have had a speech from the Rev. Gentleman himself before being split up for distribution in accordance with the list.

Fate is Kind

 
From the time John's life was spared his fortunes improved. He had a good journey to NSW aided not doubt by the presence on board of William Sorell who would have kept a critical eye on the conduct of crew and passengers alike. Now in Windsor his master was Richard Fitzgerald, himself an emancipated convict.
Author D.G Bowd in his book "Macquarie Country - a History of the Hawkesbury " published by the Library of Australian History in 1979 wrote:
"If ever a man justified Macquarie's humane treatment of emancipists Richard Fitzgerald did. Macquarie wrote much in his favour which may be summarised in his own words that he was 'a most honest, upright, good man'."
John Smith remained assigned to Richard Fitzgerald from March 1817 until March 1820.

Samuel Terry

 
John Smith was assigned to Samuel Terry "on his farm in the District of the Chain of Ponds" and he remained under Terry from march 1820 until 19th march 1825.
Samuel Terry, often referred to as "the Botany Bay Rothschild" because of his wealth and the way he acquired it, had taken over Box Hill Farm from Robert Fitz and needed and needed some workers for this and his other holdings around Windsor.

Marriage

 
On 31st July 1820 Chaplain John Cross sought the approval of Gov. Macquarie for the marriage of John Smith and Mary Ennis. Approval arrived in a letter dated 5th August 1820 and the ceremony took place on 4th September 1820 at St. Matthews Church of England Windsor. Chaplain John Cross conducted the marriage. Eleanor Barry and Joseph Harpur were witnesses. Joseph Harpur was Parish Clerk and father of Charles Harpur (1813-1868) described in the Australian Encyclopaedia as "the first Australian poet worthy of the name". 

Ticket of Leave

 
The Return of Convicts 1817-1821 shows John Smith with "co convictions". On 19th March 1825, a certificate of conduct for John was issued at the Windsor Court House signed by -
Wm Cox Magistrate
John Cross Chaplain
Rs Fitzgerald Master
Sam. Terry Present master 5 years.
A Ticket of Leave was granted on 24th March 1825 (No. 158/1632)
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This is the end of the transcribed section concerning John Smith (1795-1866) in Chapter 12 of the book The Battle against the odds. The next section will be about his wife Mary Tully

A Battle against the odds, Chapter 12, part 3

 Transcription of A Battle against the odds, chapter 12, part 3

More About John 

 
Remarkable and interesting facts about John emerge from perusal of the records. He could read and write and he was a Catholic both rare at that time and place. He was 5 ft. 8 ins, In height, dark sallow complexion, dark brown hair and dark eyes. Another description said his eyes were black.

Another Newgate Inmate

 
William Cobbett, the great reformer, who was later a member of Parliament and a force in the introduction of the 1838 Reform Bills has been a prisoner in Newgate shortly before John Smith. Cobbett was an admirer of the farmers and farm labourers, especially in Essex. Coincidentally one of the judges who sentenced Cobbett, Lord Ellenborough Chief Justice of England, was the same judge who heard John's case and passed sentence of death upon him for attempting to steal a mirror valued 4 Pounds. If John had not heard of Cobbett before he most certainly would have heard some talk about him in the nine months or so he waited in Newgate (2 months awaiting execution and seven months awaiting transportation.

The late Mary Gwyther (nee Smith) a descendent of Robert Smith (b.c 1837) lived most of her early life in Nelson. <NB my note Mary Gwyther was a daughter of Thomas Smith, first son of Robert and Cecilia Hession) Although we had not mentioned Cobbett to her she told us she remembered "old folks" saying that "old John Smith used to read books by William Corbett (sic) " . She also said this caused concern as they believed John would be in the trouble if the authorities found out although it is doubtful anyone after the 1830s regarded Cobbett as subversive. However, in Australia at that time there could have been a real danger for a "ticket of leave" man caught reading such books.
Incidentally Robert was the last of John and Mary's children to die. He lived in a neat cottage at Blind Road, Nelson and it was Robert who rode on horseback to fetch a priest for his dying father in 1866. Although not academically qualified he was "a recognised authority on matters veterinary".

Transcription of A Battle against the odds, to be continued

A Battle against the odds Chapter 12, part 2

 

Transcription of A Battle against the odds Chapter 12, part 2

A Close Thing
After he was condemned to death on the 3rd April, 1816, John Smith had to languish in Newgate Prison, dreading the moment when he would be taken outside the gates to the place of Public Execution. Great crowds used to gather in the square when executions took place. An inn still stands nearby where those with the money could reserve some rooms with an excellent view. Although there is no record of anyone interceding on John’s behalf he was reprieved on 8th June, 1816 and hi sentence was changed to Transportation for Life. He was young and healthy and this may have saved him. One might imagine the authorities reasoning thus:

“Why execute young healthy men when they can be put to work in the new Colony of New South Wales”

As John was originally from Essex (revealed many years later on his death certificate but probably obvious from his speech and general demeanour) he may have had farming experience which could have helped tip the scales in his favour. Sound reasoning from a practical establishment point of view. Very fortunate indeed for the many future Australians who would not have been born but for this favourable stroke of the pen, which saved poor John’s life and sent him to a far better place 12,000 miles away. One may consider the irony of the system of transportation which was designed as a harsh, severe form of punishment (which it was) for crimes, however small, eventually giving its victims the chance of a better life otherwise denied them.

Transcription of A Battle against the odds to be continued...

A Battle against the odds. Chapter 12 part 1

 

Our ancestors, convicts John Smith (1795 – 1866) and Mary Tully Smith (1799 – 1868), were transported to New South Wales (NSW) in 1816 and 1817 respectively. They married in Windsor, NSW in 1820 and had thirteen children.

My knowledge of this family comes from a now out of print family history book published in 1990:

Brown, Arthur John (1990). A Battle Against the Odds: Stories of Our Pioneering Families on Norfolk Island, the Hawkesbury River, Mulgrave Place, Green Hills, Box Hill, and Nelson.

The descendents  of John Smith and Mary Tully are scattered far and wide. And The Battle Against the Odds  book is only available in a few Australian libraries.

I have written about John Smith and Mary Tully Smith previously and often receive enquiries about them.

 

In the interests of those who can't locate a copy of A Battle Against the Odds I have decided to transcribe and post Chapter 12, the chapter relevant to convicts John Smith and Mary Tully. 

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Transcription Part 1 

Battle against the odds, Chapter 12
John and Mary Smith
(1795-1866) (1799-1868)

By Hilda and Eric Lukeman

A difficult start

Some interesting facts about the origins of a pioneering family in the Windsor District: The Smiths of Nelson

This essay is part of our contribution to the first family reunion of descendants and friends of John and Mary Smith to be held at Windsor on Sunday, 9th March 1986.

We have gathered the material over a number of years and, as some of it may not be widely known we would like to share it with you. Hilda is descended from the second born child of John and Mary. Born 1822 he was named John, no doubt after his father. John Jnr. married Margaret Farrell in 1849. From 1857 to 1879 there were fifteen floods in Windsor. After the record flood of 1867 John Jnr. Margaret and their children left the district and went first to Sunny Corner near Bathurst, NSW and then to Collie near Warren NSW . Hilda’s husband Eric is an amateur family historian and has a keen interest in history. We have retired and live quietly in Queensland. Our two sons. We hope this essay will help further the understanding and appreciation of the difficulties faced and overcome by John and Mary Smith. Maybe this day will be the first of many and the numbers of descendants and friends attending will increase as more people find that they too are connected in one way or another with these worthy pioneers.

to be continued...