Showing posts with label Convicts. Show all posts
Showing posts with label Convicts. Show all posts

Tuesday, July 5, 2022

Final part of Chapter 12 of Battle Against the Odds

 "THE BARRACKS", MACQUARIE STREET, SYDNEY

Information board showing the following:

CRIMES PUNISHABLE BY DEATH

About 160 crimes punishable by death many of which were commuted to transportation. Some of these are:

Shoplifting above 5 shillings

Stealing above 40 shillings in any house

Stealing horses, cattle or sheep

Highway robbery

Forgery of deeds, bonds, bills, notes and bank clerks embezzling notes

Arson or maliciously burning a house, barns with corn etc.

Destroying ships or setting on fire 

Setting fire to coalmines

Destroying turnpikes or bridges, weighing engines, locks or sluices

Destroying machines that manufacture textiles

Some crimes punished by transportation - could also be punished by whipping, imprisonment, pillory or hard labour.

Petty larceny or theft under 1 shilling

Grand larceny or theft above 1 shilling

Receiving or buying stolen goods

Stealing letters or destroying mail

Assault with intent to rob

Aliens returning after being ordered out of the country

Stealing fish from a pond or river or buying stolen fish

Stealing trees, or plants to value of 5 shillings or destroying them

Bigamy

Counterfeiting coins

Marriage - solemnising clandestinely

Manslaughter or killing another without malice

Cutting or stealing timber trees

Watermen carrying too many passengers on the Thames if any drown

Entering a park and killing or wounding deer

Hunting deer in forest

Deserting from army or navy

Burglary

Escaping from house of correction

Setting fire to barns or stacks of hay

Stealing children with their apparel

Practicing as a lawyer after a conviction for perjury

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The foregoing information seen on the top floor of Barracks, Macquarie Street, room opposite the room containing the hammocks. 1986.

This is the end of the transcription of Battle Against the Odds, Chapter 12.


Sunday, February 13, 2022

A Battle against the odds, Chapter 12, part 11

 My transcription of the NSW family history book A Battle against the odds, Chapter 12, part 11.

This part deals with the trial of John Smith (1795-1866). Old Bailey Fourth Sessions 1816.
Today the Old Bailey trials have been digistised. John Smith's trial  in April 1816 is here.
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Fourth Sessions 1816

 
291. JOHN SMITH was indicted for burglariously breaking and entering the dwelling-house of Edmund Simkins , at about the hour of seven in the night of the 17th of February , with intent to steal, and for burglariously stealing therein, one lookingglass, value 4l. the property of the aforesaid Edmund Simkins .
EDMUND SIMKINS. On the 17th of February last, in the evening, at about a quarter past seven o'clock, I was sitting in my kitchen with my family, at my house, No. 24, Greenfield-street, Commercial-road, at the parish of St. Dunsten Stebonheath , and I was alarmed by something over me, as if something had dropped; some one of the family exclaimed, there is some one in the parlour; that was the room above. I immediately ran up stairs, and discovered the prisoner with a glass, resting on the ledge of the window; it was a looking-glass; the window was open; the shutters had been put to; the sash was thrown completely up. I was in the room not ten minutes before; it was then down. I have not a doubt but that the prisoner at the bar, who was in the room, had opened the window; the sash is fastened down by a catch, or a window drop. I found this catch forced from the window, and lying on the floor. This is part of the catch; that had been entire, and fastened to the window, and I found this knife also in the room; it was not there ten minutes before. I found the prisoner at the bar getting out at the window, with the looking-glass resting on the ledge; the glass was removed from its place. There is a little wooden railing outside, that he might have rested his foot on in getting out; he might have got out without breaking the glass or damaging himself. When I saw him getting out, I gave the alarm of stop thief; he had got one foot on the chair, and the other on the table. The watch was not set. I gave the alarm of stop thief, and a young man was passing, and saw him coming from the window, and threw him down into the kinnel, and I found him in his custody, when I secured him; this was about a quarter after seven o'clock, it was dark. When I went up, I had not a candle with me, but I knew the prisoner was the same man when I went round, because I have a lamp just opposite to me, and another by me. The prisoner is the same man whom I saw in the room. He begged very hard for mercy, and hoped I would let him go. I am sure the window was down when I went up about ten minutes before. No person could get in at the window, or force it up, without forceing this catch off.


WILLIAM ALTHORNS. I was passing by before the alarm was given, and seeing the prisoner coming out of the window, I thought proper to seize him; I threw him off the rail into the kinnel; the rail is under the window. I held him down a minute or two, when there was a cry of stop thief, and the last witness, Simkins, came out; I did not let go of him until I put him into the hands of Simkins. The prisoner said he had done nothing, he had done nothing, let him go, let him go.


Simkins, Re-examined. I took the prisoner to Lambeth-street office, and delivered him into the custody of Ebenezar Dalton. The glass was not taken out of the house, because I had put it back again; he had moved it from its place.


EBENEZAR DALTON. On the 17th, I was standing in the office, between seven and eight o'clock in the evening, and I heard a bustie in the street, and went out; I saw Mr. Simkins and two or three more bringing this man to the office, and it was with great difficulty we got him in; I took him in, and searched him; but there was nothing on him. The next morning I went to the house that had been broken open, and there I received this knife and catch. The knife agreed with the mark on the window; there was an appearance of force on the window, where it had been broken open.


Prisoner's Defence. On the day in the indictment, I was very much intoxicated, and was returning home through Greenfield-street; I had come from Ratcliffe Highway; a person stopped me, and charged me with a robbery, and I knew myself to be innocent, and I made no resistance. It is impossible to break open a house without any instrument; and it is well known that that knife, (even if it was proved to be mine,) could not break open this window; they searched me, and found nothing on me.


Simkins. Re-examined. The looking-glass had been fixed to the wall. I have not the least doubt that that is the man,(pointing to the prisoner,) who was getting out of the window when I went up stairs; he was dressed nearly as he is now.
Prisoner. Q. Did you see my face - A. I did.


JURY. We should suppose that the power of that brass would cesist the power of that knife.
Simkins, Re-examined. Q. Your window is in a frame - A. Yes, it slides up.
Q. Do you see that knife, it does not seem very strong; how do you suppose it could break that brass - A. I don't know how it could be broken off, but I found it broken off, and the window open. He could not open the window without breaking the catch; the glass of the window was not broken at all.


Ebenezar Dalton, Re-examined. I saw where the knife had made an impression; there was the mark of the knife on the sash.


THE COURT, in summing up the evidence for the consideration of the Jury, told them that if the prisoner lifted the sash after it was dark, without forcing the catch, that would constitute the crime with which he was charged.


GUILTY - DEATH , aged 19

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

Thursday, February 3, 2022

A Battle against the odds, Chapter 12, part 10

 My transcription of the NSW family history book A Battle against the odds, Chapter 12, part 10.

This part deals with some additional information on John and Mary Smith.

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John and Mary Smith, additional data

Quite a deal of additional material is available concerning John and Mary Smith and it seems worthwhile to include some of it in the book. Hilda and Eric have given a good account of them and other writers have given good coverages of their children. The eldest of their family, Margaret does not have a chapter especially devoted to her but she is detailed in the chapter entitled "William Mason (Jnr.) and Margaret Smith".

Data established by the late Mary Gwyther in 1981 from the Archives Office of N.S.W., gives a character reference for John in his application for a "Ticket of Leave". This was subsequently granted on 24.3.1825 – see Hilda and Eric Lukeman's story.

ARCHIVES OF NEW SOUTH WALES 4/3/81 (Mary Gwyther)

JOHN SMITH - Servant age 21, height 5/7 1/2, complexion sallow, hair black, eyes black, arrived by ship "Sir William Bensley" 10th March 1817. Servant of Samuel Terry of "Chain of Ponds" (later and now "Box Hill" on Windsor Road opposite turn off to Riverstone) attests to his character for A.T. of A.

1825/No 158 of 1632 - 4/1716 .2.

Court House, WINDSOR -CERTIFICATE OF CONDUCT 19th March, 1825.

WE, certify that John Smith who came by ship "Sir William Bensley" which arrived in the year 1817, has not been convicted of any crime or misdemeanour in this Colony, but is to our certain belief, an honest, sober, and industrious character, having served faithfully, Mr. R. Fitzgerald residing in Windsor from March 1817 to March 1820, and Mr. Samuel Terry on his farm in the district of the "Chain of Ponds" from March 1820 to March 19th 1825.

MIDDLESEX JAIL 3rd April 1816-Life

Wm.Cox - Magistrate.

John Cross - Chaplain

Masters R. Fitzgerald - (3 years) present

Samuel Terry - (5 years) attested.

Mr. F. Sullivan

Colonial Secretary

Blk Book

exd J.W. Horne

C.C. LONDON

 

The next few pages give details of John's indictment, details re crimes and punishments, and John and Mary's (Tully) marriage certificate. 

Greenfield Road and Commercial Road London E1 is not far from the Tower of London. In this street in 1816 the young John Smith in a moment of inebriated indiscretion took the action which almost caused his execution. He was reprieved and sent to Sydney Town instead. He arrived here in 1817.

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Transcription of the NSW family history book A Battle against the odds, Chapter 12.

To be continued...

 

Wednesday, February 2, 2022

A Battle against the odds, Chapter 12, part 9

 My transcription of the NSW family history book A Battle against the odds, Chapter 12, part 9. 

This part deals with the location of John and Mary Smith and children in the NSW 1828 Census.

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Bathurst the Less

 
The 1828 Census was taken at a time when the Smith family was living at Bathurst (less). This was located to the west of the present Marsden Park and to the east of South Creek and lies between Richmond and Windsor Roads. It was originally names after Lord Bathurst but after the crossing of the Blue Mountains in 1813 and the naming of the present city of Bathurst, the earlier place was relegated to "less". The old name is no longer used. To this day it is a flood prone area and is used primarily for grazing.
The Smith family do not appear to have lived there for many years, because of the frequent flooding and they seem to have moved to Nelson. It is thought that they were living near the intersection of Boundary and Old Pitt Town roads, Nelson, Well before their deaths, John 19.7.1866 and Mary on 15.6.1868.

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My transcription of A Battle against the odds is to be continued ...

Monday, January 17, 2022

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...

 

Saturday, January 15, 2022

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...

Sunday, January 9, 2022

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...

Friday, January 7, 2022

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.....


Thursday, January 6, 2022

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

Monday, January 3, 2022

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...


Saturday, January 1, 2022

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...

 

Friday, September 22, 2017

My convict ancestor

We first heard that we had convict ancestors in 1990 when we received news that a group of family members in New South Wales and Queensland had researched our family's history and produced a book, A Battle against the odds, about pioneers of the Hawkesbury River, Box Hill and the Nelson regions outside Sydney.

In the book we found information about my great-great-grandfather, John Smith, who  was convicted of burglary and  theft on 3rd April 1816 in London. John Smith was sentenced to death but was granted a reprieve and was transported to New South Wales on the convict ship the Sir William Bensley.

Proceedings of his 1816 trial at the Old Bailey make fascinating reading: Ref t18160403-4

My great-great-grandfather was nineteen when he stood on the dock of the Old Bailey in London and heard the presiding judge, Lord Ellenburough, read his sentence.


 Lord Ellenburough, the presiding judge at the trial of John Smith

John was accused of entering the house of Edmund Simkins with the intention being to steal a looking-glass. He was convicted on the evidence of Edmund Simkins who apprehended him and took him to the local police station with the assistance of a passer by.

 An excerpt of the trial transcript is here:


"EDMUND SIMKINS. On the 17th of February last, in the evening, at about a quarter past seven o'clock, I was sitting in my kitchen with my family, at my house, No. 24, Greenfield-street, Commercial-road, at the parish of St. Dunsten Stebonheath, and I was alarmed by something over me, as if something had dropped; some one of the family exclaimed, there is someone in the parlour; that was the room above. I immediately ran up stairs, and discovered the prisoner with a glass, resting on the ledge of the window; it was a looking-glass; the window was open; the shutters had been put to; the sash was thrown completely up. I was in the room not ten minutes before; it was then down. I have not a doubt but that the prisoner at the bar, who was in the room, had opened the window; the sash is fastened down by a catch, or a window drop. I found this catch forced from the window, and lying on the floor. This is part of the catch; that had been entire, and fastened to the window, and I found this knife also in the room; it was not there ten minutes before. I found the prisoner at the bar getting out at the window, with the looking-glass resting on the ledge; the glass was removed from its place. There is a little wooden railing outside, that he might have rested his foot on in getting out; he might have got out without breaking the glass or damaging himself. When I saw him getting out, I gave the alarm of stop thief; he had got one foot on the chair, and the other on the table. The watch was not set. I gave the alarm of stop thief, and a young man was passing, and saw him coming from the window, and threw him down into the kinnel, and I found him in his custody, when I secured him; this was about a quarter after seven o'clock, it was dark. When I went up, I had not a candle with me, but I knew the prisoner was the same man when I went round, because I have a lamp just opposite to me, and another by me. The prisoner is the same man whom I saw in the room. He begged very hard for mercy, and hoped I would let him go. I am sure the window was down when I went up about ten minutes before. No person could get in at the window, or force it up, without forceing this catch off."

 

Monday, July 17, 2017

Convict Case Study: Mary Ellis Ennis Tully Smith, 1799 – 1868

I've recently completed Convict Ancestors, one of the Family History units at the University of Tasmania. (UTAS). I chose my G.G.Grandmother, Mary Tully Smith as the subject of my case study research.
 
Convict Case Study: Mary Ellis Ennis Tully Smith abt 1799 – 1868

In July 1817, Mary Tully, an 18-year-old girl from County Cork in Ireland, found herself on the wrong side of the law, convicted of house breaking in Dublin for which she received a sentence of transportation to New South Wales for seven years.

We don't know why Mary fell into crime. Maybe she had lost her job as was a silk winder in Dublin. In the latter part of the 18th century, Irish silk weaving flourished, with around 1,200 looms operating in the Liberties area of Dublin. However, by Mary's time silk weaving had entered a period of depression. Dublin supplied silk garments to the fashionable upper classes, but when the Irish Parliament was dissolved in 1801, Ireland was integrated into the United Kingdom and many of the Dublin's wealthy relocated to London. As a result, the demand for silk dropped. So, one can easily imagine young Mary fallen on hard times, resorting to thieving to survive.

To understand the progress of Mary's life, we need to examine the various family names by which she is recorded in the archives: Mary Ellis (at trial and transportation), Mary Ennis (on permission to marry document and at marriage), Mary Tully (on the baptismal certificates her NSW-born children and on her death certificate), and Mary Smith after she married John Smith, in New South Wales in 1820. The most likely explanation is that Mary was born Mary Tully and subsequently married or had a relationship(s) with a person(s) by the name of Ellis or Ennis or both. No birth certificate for our Mary Tully can be found among the available Irish records, but according to her death certificate, she was born in Cork, Ireland.

Mary was transported on the Elizabeth 1, (Elizabeth 1, to distinguish it from later convict ships named Elizabeth), which set sail in July 1818 from Cork Harbour under the command of Captain William Ostler. There were 101 women and 17 children on board and, according to the ship's surgeon, Mr William Hamilton, who recorded events in his journal (cited by secondary sources), the 101 comprised two groups of women – some from Cork and some from Dublin. At 5pm on 11 July 1818, as the group of 28 convicts from Cork came alongside to join the Dublin girls already on board, a loud cheer rang out. Hamilton divided the groups evenly and issued them with identical rations and clothing. As was often the custom, the 482-ton sailing ship, built in Chepstow in 1809, sailed directly to NSW, not stopping at the Cape of Good Hope. The vessel made rapid progress, completing the journey in 116 days and all on board were landed safely at Port Jackson on 19 November 1818.
Mary Ellis is listed on her arrival in the Colony as having been tried in Dublin in July 1817, sentenced to transportation for seven years and assigned to the "Government Factory".

Mary Ellis listed in 1818 on the 'New South Wales, Australia, Settler and Convict Lists', p.1, from Ancestry database

Mary Ellis listed in 1818 on the 'New South Wales, Australia, Settler and Convict Lists', p.2 from Ancestry database


Upon arrival, Mary travelled by boat up the Parramatta River to the Women's Factory there. We don't know if she was able to use her textile skills while at the Factory, but within a short space of time she met her future husband, fellow convict John Smith (transported, Sir William Bensley, 1817). The Women's Factory had a reputation as somewhat of a marriage market – a place where single men of the Colony went to find a wife. Maybe that is where our great-great-grandparents met? In July 1820, Mary and John sought and received permission from Governor Macquarie to marry and, on 4 September 1820, they were wed. Mary married under the name of Mary Ennis and there is an entry in the Marriage Registry St Matthew Anglican Church in Windsor.


Four years later, on 7 October 1824, Mary became free from servitude and at this point the record gives us a detailed physical portrait of our ancestor. She was five foot and half an inch tall, with a fair, ruddy, freckled complexion, hazel eyes and dark brown hair. Against "hazel" there is a barely legible comment that indicates a peculiarity, maybe blindness, in her left eye.

Physical description of Mary Ellis from the Certificate of Freedom, found on Ancestry



The 1825 General Muster of convicts in NSW, records Mary Ellis as having arrived on the Elizabeth 1, transported for seven years, and assigned as housekeeper to J. Smith (presumably her husband) in the district Melville. Over the following years, census records reveal that Mary and John settled into life in the Colony, with John working as a farm labourer in the district of Bathurst (the less). In 1824, Mary (alias Mary Ennis) and John have three children: Margaret (5), John (3), Mary (1). By 1828, the couple had five children Margaret (9), John (6), Mary (5), Henry (3), James (2) and owned five head of cattle. On both census documents the name of the ship (Elizabeth, 1818) and the sentence (seven years) are recorded against Mary's name.

Mary's husband John died on 19 July 1866. My great-grandfather, Robert Smith, the 10th of Mary and John's 13 children, reported Mary Tully Smith's death at Nelson on the Windsor Road. At this point Mary's birth name is given as Tully and her father is identified as Charles Tully. The family placed a notice in the Sydney Mail newspaper on Saturday 20th June 1868.


Death notice for Mary Tully Smith published in the Sydney Mail, from Tove database
Throughout the search of the archival records, several facts point to Mary Ennis/Ellis/Tully/Smith as being the same person: the transportation ship Elizabeth 1, her age, the nature/date of her crime, conviction and sentence. After her marriage to John Smith, her maiden name is stated as Tully on the baptismal certificate of at least one her children, namely Mary Smith born 16 August 1825. While the early part of Mary's life is shrouded in mystery and confusion, the latter portion of her life is one of a true pioneer, who settled in the Windsor district outside Sydney.



Bibliography
Australia, Convict Index, 1788-1868, Ancestry, Accessed 11 May 2017.
Bateson, Charles. The Convict Ships, 1787-1868, 2nd edn, Glasgow, Brown, Son & Ferguson, 1969.
Breathnach, Kathleen. 'The Last of the Dublin Silk Weavers', Irish Arts Review Yearbook, 1990, pp. 134-143.
Brown, Arthur. J. A Battle Against the Odds: Stories of our Pioneering Families on Norfolk Island, the Hawkesbury River, Mulgrave Place, Green Hills, Box Hill and Nelson. Epping, NSW, Arthur J. Brown, 1990.
Hughes, Robert. The Fatal Shore. 1st American edn, New York, Knopf, 1986.
New South Wales, Australia Convict Ship Muster Rolls and Related Records, 1790-1849, Ancestry, Accessed, 4 May 2017.
New South Wales, Australia, Convict Indents, 1788-1842, Ancestry, Accessed 11 May 2017.
New South Wales, Australia, Settler and Convict Lists, 1787-1834, Ancestry, Accessed 25 May 2017.
New South Wales, Australia, Colonial Secretary's Papers, 1788-1856, Ancestry, Accessed 4 May 2017.
New South Wales, Australia, Certificates of Freedom, 1810-1814, 1827-1867, Ancestry, Accessed 4 May 2017.
New South Wales, Census and Population Books, 1811-1825, Ancestry, Accessed 4 May 2017.
New South Wales and Tasmania, Australia Convict Musters, 1806-1849, Ancestry, Accessed 4 May 2017.
New South Wales, Australia Census 1828, Ancestry, Accessed 4 May 2017.
Sydney Mail.
Registrar of Births Deaths and Marriages New South Wales.
St. Matthews Anglican Church Register, Windsor, New South Wales.
Wikipedia. 'Acts of Union 1800', https://en.wikipedia.org/wiki/Acts_of_Union_1800, Accessed 25 May 2017.
Willetts, J. 'Free Settler or Felon? Convict Ship Elizabeth 1818', http://www.jenwilletts.com/convict_ship_elizabeth_1818.htm, Accessed 25 May 2017.