Sunday, 12 August 2012

Laurence Butler- Ch. 24: Rebels transported to NSW

TRANSPORTATION OF REBELS TO THE COLONY

The first batch of Wexford rebels (and rebels from neighbouring counties who fought in Wexford), sailed from Waterford in August 1799 on the ‘Friendship’, which included Michael Hayes, William Davis, John Brenan, William Goff/Gough and Fr James Dixon and six others from Wexford, and the ship ‘Minerva’ which included rebel general Joseph Holt of Co Wicklow, and William Henry Alcock a Protestant Captain in the Wexford Militia accused of rebellious activity, living in Waterford but from the landowning Alcocks of Wexford (the Alcock family owned Kayer/Wilton Castle, once the property of Butler’s ancestors); a further fifteen  rebels from Wexford followed in 1801 on the ‘Anne’, but the majority from Wexford sailed from Waterford in 1802- on the ‘Atlas 1’ (8 Wexford rebels), the ‘Hercules’ (2 Wexford rebels) and finally the ‘Atlas 2’ (26 Wexford rebels).

As convict shipping records did not specify which convicts were convicted rebels, it has been estimated that between 325 and 800 rebels were transported to Sydney, probably closer to 600. The ships the Rebels came in were:
the Brittannia I arrived in May 1797- only a few convicted of rebel activity prior to the uprising, none from Wexford;
the Friendship arrived in February 1800-  159 (all male) convicts registered (approx. 4 non-rebels; 11 from Wexford);
the Minerva in January 1800- 205 (179 males, 26 females) convicts listed (at least 84 rebels; only one from Wexford);
the Anne (aka Luz St. Anna) in Feb. 1801 –172 (148 male 24 female) convicts (approx. 45 non-rebels; 17 from Wexford);
the Hercules in June 1802- 166 (141 male 25 female)  convicts listed (approx. 85 non-rebels; 2 from Wexford); (62 were killed or died at sea.)
the Atlas I in July 1802- 181 (153 male 28 female) convicts listed (approx. 95 non-rebels; 8 from Wexford); (65 died at sea).
the Atlas 2 in October 1802- 194 (all male) convicts listed (approx. 12 non-rebels; 26 from Wexford);
the Rolla in 1803-  165 (127 male 38 female) convicts listed; few rebels, none from Wexford;
and the Tellicherry in February 1806, 166 (130 male 36 female) convicts, which only held a few rebels, State Prisoners, such as the infamous Michael Dwyer and members of his rebel gang and their families, who had hidden in the Wicklow Mountains before eventually surrendering in 1804, under terms of accepting exile. The famous Military Road over the Wicklow Mountains, which is still in use today, was built to capture Dwyer. Their families were allowed to accompany them to Sydney.

A total of about 80 rebels are known to have come from county Wexford (or close to the border, in County Wicklow): [i]
NB. others from Wexford may have been tried elsewhere, or no place of trial or origin has been recorded.
Those rebels known to have come from County Wexford include:

On the Atlas II: John Bent 24, rebel; Laurence Butler 52, rebel captain (and suspicion of murder?); John Byrne 30, acts of insurgency; William Carey, 24, of Kilpipe, Wicklow, acting as an officer and being present at the murders of three men at Glenmalure, Wicklow; Thomas Connor 20, suspicion of being a United Irishman; James Cullen 21, rebel captain and suspicion of murder; Michael Cullen 62 and Andrew Darcy, both accused of murdering Shaw at Deansfort Co Wexford; Murtagh Fortune 30, a blacksmith, so probably accused of making pikes; John Fowler, 34, at Battle of Tubberneering, being a rebel at arms against H.M., acting as a rebel leader, and murdering two men in June 1798; James Grady/Gready 25, a blacksmith also; Denis Hogan 46; James Kavanagh 29, tried Wicklow for suspicion of involvement in 1798 rebellion, and rebellious activities; James Leary 30, of Gorey, rebellion; John Leary 35 (possibly related to Miles Leary on ‘Hercules’); William Lett 19, being a rebel, from near Enniscorthy so probably related to Stephen Lett the cabinet maker; John Mahony 22; Thomas Mahoney 26, trial in 1800 for rebel activities (brothers, both executed in 1813- see below); John Moore 44, a carpenter assigned to the Lumber Yard with Laurence Butler; John Morris 50; William Morris/on 24, rebel; James Murphy 50 rebel; Bryan O’Brien, 23;  (George Nicholson 50, Philip Quirk 45 , and Robert Reason, 38 – no records found in Sydney;); Moses Rossiter 28 rebel; Michael Ryan 32, suspicion of being a United Irishman (NB. three  records of this name on this ship); Patrick Sloane 24, rebel (informed on the 1804 Castle Hill rebels to his master resulting in the quashing of the rebellion, shortly followed by being granted an absolute pardon) ; Denis Stacy 16, rebel, Stacy, a constable at Castle Hill, would be a key witness in a trial accusing Michael Dwyer and several associates of planning an uprising in 1800, against whom Stacy informed to authorities; Patrick Stafford 41; (Henry Stone 40, no records)

On the Atlas I: Moses Bryan  30 lived at ‘Tubberoon near Enniscorthy’ (probably Toberona near Davidstown a few miles west of Enniscorthy, near the property of rebel leader Thomas Cloney) - mentioned in Hayes’s letters [ii] as well as the death of his brother John O’Brien who drowned, Transportation Database-trial 1800, crime- murder, Death commuted to transporation for life, comments- Convict has a family and aged father; John O’Brien 30, brother of Moses above; Joseph Cooney (no records); Michael Downes 28, rebel, charged with theft from the hospital stores in 1803 and sentenced to 100 lashes and the gaol gang; at Port Dalyrymple (nth VDL) in 1811 and  one of those sent in 1803 to set up the first settlement in VDL at Risdon Cove near Hobart Town; Timothy Doyle 23, 7 yr sentence; John Neill 20, rebel, executed after Castle Hill Revolt 1804; Denis O’Brien.

On the Friendship: John Brenan, ‘old in age’, commissary in charge of supplies to rebel army under Cloney and Harvey; former sheriff of Wexford; William Davis 30, United Irishman, from Enniscorthy, (born in Birr, Offaly) trial in Enniscorthy or Kings’ co, a blacksmith, closely associated with Laurence Butler; Patrick Devereux, Captain in rebel army (did not arrive in colony); Rev James Dixon 40, Principal in Rebellion; Nicholas/Michael Flood, United Irish/U.I.; John Foley from Enniscorthy, U.I.; William Gough/Goff, from Dranay near Kilcormuck near Ferns and Gorey (or Milltown near Ferns), Principal in rebellion, mentioned in deposition in Musgrave’s ‘Memoirs[iii] (see depositions below) as a rebel captain associated with Rev. Ned Redmond parish priest of Ferns, so therefore probably closely associated with Laurence Butler in Wexford, as well as in Sydney, mentioned in Michael Hayes’s letters as a good friend; Michael Hayes 30, U.I. administering unlawful oath, close associate of Laurence in Wexford and in Sydney, wrote several letters home to family in Wexford; Denis McCarty, from northern Wexford, murder of Francis Turner of Ballingale (Ferns), rector of Edermine, & five of his Protestant Parishioners; settled in VDL; Laurence Murphy, aiding in rebellion & plundering house of Mr Whitty; Michael Murphy, landholder from the Rower, near New Ross, Kilkenny border, Court Martial for desertion 1797?, Court Martial in 1799 for insurrection (see case below for details); Matthew Sutton, barrister, charged Oct 1798 with taking part in Rebellion in Wexford as one of Fr Philip Roche’s officers; returned to Ireland 1809 (described in M. Reid’s Journal of Friendship voyage.)

On the Anne I: John Ahern from Tintern in Sth. Wexford, rebel captain and murder (in southern rebel division), mentioned in Hayes’s letters, an engineer, died on voyage back to Wexford in 1817; Patrick and Redmond Ambrose for murdering Mr Blackwood- did not arrive in colony; John Brazil, breaking open Mr Mansfield’s house; Michael Brenan, U.I, Petition from mother Mary Brennan  in Transportation Database 18/2/1799, native of Dranagh Co. Wexford (2 Dranaghs- one near Kilcormick, also home of William Gough; second,  just SW of Enniscorthy.; Moses Brenan, U.I.; William Browne, treasonable practices; Lewis Bulger, suspicion of murdering his master- refer to Musgrave’s Memoirs[iv] - depositions describe Bulger as butler to the murdered Rev. Samuel Heydon, whose house he robbed and whose wife he ‘insulted’ following the death of her husband; he was in Battle of Newtownbarry as aide-de-camp to Rev Ned Redmond of Ferns, Transportation Database- imprisoned New Geneva, crime-being involved in Rebellion, comment- convict was acquitted of being involved in the Rebellion but since detained, father of 6 children, character reference from Major of Wexford Brigade, petitioner wife Mary Bulger, Redmond stated that Bulger was obliged to hide day and night from both parties. Bulger was an informant on the Castle Hill rebels in 1804 and received an absolute pardon. Left the colony in 1811. James Deil/Doyle, blacksmith making pikes; James Doran, harbouring robbers and concealed arms; James Finley, 7 yr sentence; William Hawkins, U.I.; Patrick Murray ? in New Geneva Barracks, aiding in robbing a house; James Scully, willful and corrupt perjury; Patrick Stack? in New Geneva, administering unlawful oaths; James Tracey, aiding in murder; William Walker, Court Martial. Also, a Luke Bryan, no place of trial given, Life, not in 1806 or 1811 Muster, Convict CD has “Insurrection Act”, (- possibly Luke Byrne);  Luke Byrne, “an opulent farmer, assassinated many protestants including Samuel Goodison an opulent farmer of Glendaw.” Plus ordered the killing of George Piper-see deposition of wife Anne Piper below.[v] (Frequent references in Musgrave’s “Memoirs”.)

On the Minerva: William Henry Alcock, of the gentry Alcock family of Wilton Castle near Enniscorthy, a Captain in the Wexford Militia and a Protestant, an engineer, convicted of political crimes, concerned in the Rebellion, mentioned in Hayes’s letters, from Waterford; Joseph Holt from Wicklow, State Prisoner, political crimes, concerned in Rebellion (a rebel General), surrendered himself unconditionally to Govt, a Protestant farmer, mentioned in Hayes’s letters, and in own memoirs, A Rum Story.

On the Hercules: William Carty, 26, no records found (a William Carty on the ‘Minerva’), however, ref to Musgrave’s Memoirs [vi]- deposition on death of Francis Turner of Ballingale and five others by rebels led by Denis Carty (see ‘Friendship’ indents) who visited house of William Carty of Ballycarney on 27 May- deposition by Carty’s wife, also possibly from Waterford; Miles Leary, 25, a 7 yr sentence, Catholic, cabinet-maker/carpenter who worked for Laurence Butler, and wife Ann Butler in Sydney.

On the Tellicherry: Nicholas/Michael Pendergast, 67, rebel, a 7 yr sentence; Michael Dwyer of Co Wicklow, rebel chief, State Prisoner, surrendered to Govt on terms of voluntary exile as did Arthur Devlin, Hugh Vesty Byrne, Martin Burke and John Mernagh. [vii]

TRIAL RECORDS OF FELLOW WEXFORD REBELS


John Brenan was commissary for rebel supplies to the southern division under Bagenal-Harvey, Fr. Roche and Thomas Cloney. A farmer from Castlehayestown, and former sheriff of Wexford, Brenan was transported for life, on the ‘Friendship’, along with Michael Hayes, William Gough, Fr James Dixon etc.
 As commissary to the southern army, it was Brenan’s task to supervise the collection and distribution of supplies. There was a danger of wasteful use of food. Brenan had to follow the fighting men, requisition supplies from well-off farmers and see that they were fairly distributed to those who needed them.
Richard Musgrave came across a few receipts that had been issued bearing Brenan’s name:
“Received from Mr John Brennan seventeen bullocks to keep till called for.”
June 18th 1798 first year of liberty.
Stephen Myler.”

“The Commissioner-in-Chief- requests Commissary Brenan to give bread for 40 men for Captain Devereux’s corps.
June 15th, Lackin Hill
Roche”

“Mr John Brenan
Please to send dinner for twelve men belonging to Jeremiah Fitzhenry.
18th June 1798
Roche”

“Permit Tom Harper and another man to pass for food for eight men to commissary Brennan.
Jun 19th 1798
Roche”[viii]
Musgrave wrote of Brenan: “He had been a member of the Healthfield Cavalry and in violation of his path of allegiance deserted and joined the rebels.”[ix]
Thomas Cloney in his “Narrative”, wrote:
“There was a great defect in one of our principal departments: the Commissariat not being established on that footing that would cause to apprehend that a scarcity in provision alone would soon paralyse the exertions of the people. Mr John Brennan of Castlehayestown was our Commissary: he was a very respectable man, and a bon vivant, and well accustomed to good living; his situation was not the most uncomfortable, although he was subject to taunts of voracious gluttons who thought they could never get enough to eat and drink; yet he did the best he could to divide fairly among the people what was placed under his care.” [x]
John Brennan’s task was a formidable one, and apart from calculating, supervising and distributing the food, he had, by necessity, to accompany the movements of the fighting men. This involved him in a certain amount of risk for, in case of a retreat, it was his duty to see that the provisions were safely removed for future use. On one such occasion he was near finding himself captured and summarily shot. On the 19th June, the Insurgents on Lackan Hill (near New Ross) numbering 400 and depleted in their ammunition, were threatened by a circling movement of 1000 troops from New Ross. By a stratagem which some attributed to Fr Philip Roche, and others to General Cloney, the pikemen effected a successful retreat across the country. It was, however, a hasty retreat. Cloney being obliged to leave his horse behind, and the Commissary John Brennan, who was in charge of the stores some distance away from the encampment did not see the Insurgents moving off, or hear the order of the retreat sounded. It was Miss Mary Doyle, the faggot-cutter’s daughter from Castleboro and the heroine of New Ross and who acted as cook to the Commissariat gave warning to Brennan. [xi]
 (NB Mary Doyle’s heroic actions in the battle of New Ross is the stuff of legends- see Cloney’s Narrative)
Cloney continues: “At the moment of our retreat he (Brenan) was at his post in a quarter remote from the road by which we descended from the hill; so that the hospitality of our generous host seemed to be now forgotten by his not receiving timely notice of our movements. I believe it was by the vigilance of his cook, the gallant point of war, Mary Doyle, the worthy man was saved. When he got notice of his danger he mounted a long tailed charger he had, his dress being remarkable- a long scarlet coat like a huntsman’s and a large helmet. It was ludicrous to see him descend the hill at full speed while two or three fierce Hessians were running him breast high. When our friend got up to us, and that he had advanced some distance into our ranks, he looked about to see if the Hessians had vanished and finding all danger disappear he cried out with vehemence to know what cowardly officer it was who ordered the retreat? Some of our warm-hearted soldiers threatened to shoot the patriotic commissary for making such a remark on any of our officers.
This gentleman, Brenan, was arrested very early after the insurrection and transported to Botany Bay. What charge was preferred against him I never learned, but I am satisfied he was incapable of committing a dishonourable act. He was an elderly man and had a large family, but their claims to commiseration or mercy for him were not attended to.”[xii]

Patrick Power in his “Courts Martial of 1798-9” [xiii] wrote of John Brenan:
. On 5th July 1798 there was a court martial there of two men, John Brinane (Brenan) and William Devereux, who were charged with rebellion against His Majesty the King. Brinane was found guilty and sentenced to transportation for life. Devereux was also found guilty but sentenced to death. However, he was not hanged. It is stated: “The Court having reason to suppose that the prisoner Devereux may make useful discoveries to the government relative to the rebellion and prosecute to conviction such Rebels as he may inform against.” Thus the wretched man saved his life by becoming an informer against his comrades. The records of the courts martial show how often this was done. It is true to say that a preponderant number of verdicts against men on trial depended on the evidence given by former friends.”
John Brenan also gave evidence against others on trial:
During the rebellion there was much stealing of property, some of which was the commandeering of supplies and arms and horses by the rebels. On the 12th July 1798, two men, William Meagher and George Thomas were arraigned before a court martial in Borris, Co Carlow and charged with stealing horses and bringing them to the rebel camp. John Brynnen (Brenan) informed the court that he saw the prisoners with five horses and was refused when he applied for one. He did not wish to buy all five and this did not satisfy the sellers. William Meagher told him that he and his friend had been in the rebel camp before this. Both were banished from Ireland for the term of their natural lives to serve abroad as soldiers in His Majesty’s Service.”

Notably, John Brenan was one of the Wexford group that would remain closely united in the Colony.

A number of Wexford rebels are mentioned in Musgrave’s “Memoirs”, namely William Goff/Gough, William and Denis Carty, and Lewis Bulger, and the trials of others are outlined in “Courts Martial 1798-9”- Michael Murphy, Fr James Dixon, John Fowler, and William Carey. Reading these cases therefore gives us an idea of their role in the Rebellion, and their place of abode, some of whom lived within a short distance of Ferns, others from different parts of County Wexford.


Deposition re William Goff/Gough  (the “Friendship”) and Father Ned Redmond, Parish Priest of Ferns  which also describes the rebel acts involving Laurence Butler, although not named:
“Anne Piper widow of the late George Piper, came before me this day, and made oath on the Holy Evangelists, and saith, That she and her late husband, George Piper, lived in the parish of Clone, in the county of Wexford, where their house and offices were burned, and all their substance was destroyed by the rebels, on the twenty-ninth, or thirtieth of May, 1798, for no other reason, as she verily believes, except that they were protestants; for the property of all the loyal protestants in that county was destroyed.
(NB. Laurence was accused of being in charge of the rebels that killed Grimes at Clone and then of burning all the houses in Clone on the 29th May. Was this Anne Piper the same woman as the Anne Pepper who testified for the prosecution at Laurence’s trial?)
 Deponent saith, that her husband was taken prisoner between Vinegar Hill and Scullogh’s-bush, in said county, by a party of rebels, who conducted him to Vinegar Hill aforesaid, where the rebels were then encamped; and that deponent and her said husband, with four children, remained there till next morning, viz. Thursday the 31st of May 1798, when they were discharged in consequence of an oath sworn by one Thomas Hart, to the following purport: “That he, the said George Piper, was a quiet, innocent man;”, which oath was sworn before a rebel court-martial, at that time sitting at Vinegar-hill aforesaid. Deponent saith, that her said husband was discharged, but at the same time was informed, that he could not be safe without the protection of a priest. In consequence of which she and her husband repaired to Father Edward Redmond, parish priest of Ferns, in said county, but as deponent and her husband were going there, they were arrested at Milltown bridge, near Ferns, aforesaid, by another party of rebels, well armed, who led her said husband before one William Goff, who seemed to be a captain of said rebels, who ordered him to be put to death, and repeatedly said and swore that he and every person of his profession that came in his way should be put to death; on which the said George Piper produced a pass obtained from one William Lacy, a rebel leader, and commissary to the rebels on Vinegar Hill aforesaid, to enable him to go and to secure his person, while he went to Father Edward Redmond aforesaid; but as the said Goff declared that the said pass was a forgery, she, this deponent, went off with the utmost speed to the said Edward Redmond, whom she solicited to save the life of her husband, but the said Edward Redmond declared he would not, and would not do anything for deponent or her husband, though the father of deponent and the said Edward Redmond had always lived on terms of intimate friendship. Deponent saith, she returned directly to Milltown bridge aforesaid, and that she told the said rebels, though falsely, in hopes of saving her husband’s life, that the said priest desired that her husband should be conducted to him, and he was accordingly led by a party of rebels before said priest. Deponent saith that the said priest became very angry, and much enraged, on seeing her and her husband, and declared he would do nothing for her, or any of her husband’s sort, and he ordered the said George Piper to Vinegar Hill, to suffer, where he would get his deserts; and said, that he and all his sort, that came in his way, should die, though deponent on her knees, and with tears in her eyes, solicited him by the early friendship of their fathers, and their close intimacy as neighbours, to save her husband’s life; but the said priest remained deaf to her entreaties, and ordered her husband to Vinegar Hill to suffer; in consequence of which, deponent saith, a rebel attempted to put her said husband to death with a pike, but the said priest seized the rebel in his arms, and ordered the said rebels to take the said George Piper to Vinegar Hill, the place of sufferance for him and all his sort. Deponent saith, her said husband was immediately conducted to Vinegar Hill, and, as she verily believes, was put to death there that evening, as a woman of the name of Walkin, related to the said George Piper, declared, and has since proved, on a court-martial held at Enniscorthy, in the aforesaid county, that she saw the body of the said George Piper after he was killed, on the evening of the same day, on Vinegar Hill aforesaid.”
Sworn before W. Lightburne 8th June 1799.[xiv]
Notably William Goff, whose property adjoined Laurence Butler’s property in Pitt Street Sydney, would be mentioned in Michael Hayes’s letters as a good friend, and returned home to Wexford on receiving an Absolute Pardon. He continued to write to Hayes following his return to Wexford.
A further deposition that mentions William Goff, tells us where he lived:
The examination of Samuel Wheeley of Dranay, in the parish of Kilcormuck (just south of Boolavogue and about 4 miles SE of Ferns):
 “. … Saturday evening the 26th day of May last (ie. the night the uprising began in Wexford), when about sun-set, examinant saw a fire kindled on an adjoining hill, called Corrigrua (Carrigrew Hill), in said county, (the signal to U.I. that the uprising had begun) and that examinant saw a few minutes after another fire, on a rising ground, contiguous to the house of father John Murphy of Boulavogue, in said county, and about a quarter of a mile from the house of examinant; and that soon after the said John Murphy, and some other men, repaired to the house of one William Goff, a near neighbour of examinant, and that the said John Murphy cried out aloud, “Pull him out! Pull him out! Have you got him?”, to which answer was made, “Aye, aye” and that soon after, examinant saw the houses of John and Robert Webster, both protestants, in a state of conflagration, and which houses were set on fire by the said John Murphy and his party. Etc.” [xv]

A letter written by Fr. Redmond to the widow of Rev. Samuel Heydon on 30 June 1798 mentioned that the belongings of several people, including the Heydon's, was lodged in Mr Gough's house at Milltown for safekeeping, but the soldiers encamped nearby "plundered Mr Gough's house and place and did not leave a sixpence behind them belonging to any person."


Another deposition concerns Denis Carty
“ The examination of Cambria Carty, wife of  Mr William Carty, of Ballycarney, in this county, (about 3 miles, north of Enniscorthy and west of Ferns), who being duly sworn and examined, deposeth and saith, That on the morning of the 27 of May past, Denis Carty, of the city of Dublin (NB a second deposition stated he was from Ballycarney, and his name was Carthy in the First Edition and Carty in the second- p719), Moses Redmond, of Ballycarney, farmer, with many other persons unknown to informant, left the house of said William Carty, of Ballycarney, with the professed intention of going to the house of the reverend Francis Turner, of Ballingale, in this county, to destroy the same; that in about three hours after, he, the said Denis Carty, returned to the said house of William Carty, accompanied by James Maher, of Ballycarney, publican; and both the said Denis Carty and James Maher, did there and then declare, that they, with a number of other persons unknown to informant, had broke open and afterwards burned the house of the said Francis Turner, of Ballingale, and that they had shot the said Francis Turner, and afterwards burned him in his house; and that the said James Maher did declare to informant, that a quantity of blood, which appeared on his breeches, was the blood of the said Francis Turner; and the said Denis Carty and James Maher did declare, they had also killed, at the house of the said Francis Turner, five other men, one of whom fell by the hands of the said Denis Carty, as he the said Denis Carty did declare.
Cambria Carty  24 July 1798.

A second deposition by James Doyle aged 17 years, servant to William Turner esq., stated that “examinant being at his master’s brother’s house, the reverend Francis Turner of Ballingale, about the hour of 2 o’clock in the afternoon, a large party of rebels, amounting to three hundred and upwards, came to Francis Turner’s house aforesaid, who called to them from one of the windows not to attempt his house, or he would transport them; whereupon they fired at him, and wounded him in the jaw; saith, they afterwards broke into his house, and demanded of him to deliver up his arms; upon his refusal, they murdered him and several other protestant neighbours, who came to his house for protection, and then burned and destroyed his house and concerns; saith, said party of rebels was headed by Denis Carthy of Ballycarney, who was armed with pistols, and fired several shots into the window of said house, ( and then continues to name thirteen others involved). Sworn 17 March 1799. (Spelt’ Carty’ in 2nd Edition) [xvi]

Whether these depositions refer to the Denis McCarty of Wexford transported on the “Friendship” is uncertain, however, more than likely.

Denis McCarthy/McCarty from Co. Wexford  was part of the first group to settle in VDL, at Risdon Cove in August 1803, having been sent for disobedience. He became a constable at New Norfolk, VDL, in 1808 where he built the first house, and entertained Governor Macquarie at his fine farmhouse, Birch Grove, when Macquarie visited the settlement on the Derwent in 1811, after having presented an address of welcome to Gov. Macquarie at Hobart Town on behalf of the residents of New Norfolk. Macquarie appointed him superintendent of stock in 1810. McCarthy/McCarty/Carty also entertained Joseph Holt when Holt was released from Norfolk Island and sailed for Van Diemen’s Land. (NB Holt spelt it “Dennis Carty, a young man from Co Wexford”.) Carty accompanied Holt when he was asked by Lt. Governor Collins to take his boat and explore the river and report on suitable places for settlement. [xvii]  Carty/McCarthy  received a sentence of 12 months for smuggling in 1814, and while absent in Sydney, his farm was robbed by bushrangers who stole property valued at £546. The bushrangers blamed fellow Wexford rebel Michael Downes for telling them about McCarty's valuables. Macquarie used these losses as an excuse to remit the rest of his sentence, and McCarty returned to VDL on his newly purchased schooner Geordy which was wrecked the following November exploring the SW coast. He returned in another schooner, the Sophia, the following year and found a safe channel through the treacherous entrance at Macquarie Harbour, explored it and discovered coal on its northern shore. Macquarie Harbour would become a hell-hole punishment settlement for the worst of the colony's re-offenders.
In June 1817, he was again in Sydney under arrest and charged with assaulting M.J. Whitaker. Lt. Gov. Wm. Sorrell told Macquarie that McCarty was 'one of the most turbulent and insubordinate men in the Settlement'. McCarty admitted the assault and apologized and persuaded Whitacker to withdraw the prosecution. In 1818 he undertook to build a road with bridges from Hobart to New Norfolk in return for 2000 acres. It was poorly constructed and the Lt. Governor refused payment. On 25 March 1820 he was drowned and rumours of foul play followed.
(Ref: E.R. Pretyman, McCarty, Denis, Australian Dictionary of Biography, Volume 2, Melbourne University Press 1967)

Michael Downes

Michael Downes, b.c.1781 (aged 20 in 1801) at Adamstown, Co Wexford, was transported for a life sentence to Sydney Cove on the ‘Atlas (1)’ in 1801/02 for his role in the 1798 Rebellion.
 Ireland-Australia transportation Database
1) Michael Downes
Imprisonment: Wexford
Doc. Date 8/3/1801
Crime: High treason, Possessing arms and ammunition
Sentence: death
Doc. ref: PPC668
Comment: Statement in connection with convict's trial

2) Michael Downes
Age 20
Imprisonment Place: Wexford
Doc. Date: 27/3/1801
Crime: High Treason
Petitioner: Convict
Doc. Ref: PPC 672
Comment: Convict was convicted for being a captain in the 1798 Rebellion. States he resided at his father's house at Adamstown after the rebellion.

Well known Wexford Historian and researcher of the 1798 Rebellion, and author of numerous articles and books, William Sweetman supplied the following information on Michael Downes:

“The following report in the Leinster Journal of the Spring Assizes April 1801, in which the following appeared "Michael Downes, a person with considerable property, was tried for High Treason, in having been a rebel captain and commanding the horrible massacre at Scullabogue. Some circumstances however arose in the course of evidence which induced the jury to accompany their verdict of guilty with a recommendation of the prisoner to Royal mercy." The Downes family lived at Adamstown not too far from Scullabogue. Both Walter Devereux and John Devereux were accused of being active at Scullabogue. Walter, certainly, had nothing to do with it but was executed and while John may have been there earlier he was almost certainly absent on the day of the burning of the prisoners. John ended up, like Downes, in Van Diemen's Land. Like Downes, John came from a prosperous farming background and like Downes never seems to have greatly prospered in Australia. Both at least survived probably because they could employ some sort of legal aid. The very mention of being mentioned with Scullabogue was a deadly accusation. The poor involved generally got short shrift. Downes was better defended and probably had nothing to do with the burning.” 

Michael was convicted in the spring of 1800 and transported for life. He claimed never to have been more than a private or carried more than a pike, and was probably saved by the intervention of one of the jurors at his trial, an influential man who thought that a fellow juryman had pre-judged the case. 
(Phillip Tardif, John Bowen's Hobart: the beginnings of European settlement in Tasmania, Hobart Tasmania, Tasmanian Historical Research Assoc., 2003)
The Atlas 1 departed Cork, Ireland, on 28 November 1801 and arrived in Sydney Cove 7 July 1802, Master: Richard Brooks; 151 male and 28 female convicts, of which 63 male convicts and 2 female convicts, 2 soldiers and a soldier’s wife died on the voyage, and three escaped. Many were embarked in Ireland with illness such as typhus. Those who disembarked were in a dreadful state.
Governor King reported on their arrival:
King to Lord Hobart 23 July 1807
“The former (Hercules) arrived on 26th June (1802), and the latter (Atlas1) on the 7th inst. Both these ships have lost 127 convicts out of 320 put on board, and the survivors are in a dreadfully emaciated and dying state.
(Historical Records Australia HRA I, ii, 531)
King to Transport Commissioners 23 July 1802
“A different scene has presented itself respecting the Hercules and Atlas. The first arrived here the 26th June, the latter the 7th instant. In a situation shocking to Humanity, the whole of the Convicts being Dead or in a dying state, which I shall more particularly detail, as I only write this just to inform you of those Ships’ arrivals.”
(HRA I,ii,532)
The captain of the ‘Atlas 1’, Captain Richard Brookes, following an inquiry, received no punishment for the number of deaths on his ship, and would eventually settle in the Colony. Brooks crammed the ship with so much private merchandise for sale in Sydney at the expense of the prisoners that it resulted in the high mortality rate.
A court of investigation reported:
“We are of the Opinion that the mortality on board the Atlas has been occasioned not from the infection of Epidemic disease received on board, but from the want of proper attention to cleanliness, the want of free Circulation of Air, and the lumbered state of the Prison and Hospital as appears in the Evidence inserted in the Minutes, and which we have minutely examined; and therefore the Charter Party in this Instance has not been fulfilled.”
(HRA. III, 556; also refer to: T. J. Kiernan ,The Irish Exiles in Australia, Burnes & Oates, Melbourne 1954; and T. J. Kiernan, Transportation from Ireland to Sydney; 1791-1816, Canberra 1954- self published)
On arrival, it is unknown where Michael Downes was assigned.

In 1803, Michael Downes was charged with theft from the hospital stores:
Sydney Gazette & NSW Advertiser, Sunday 21 August 1803 p2
“Wednesday Aug 17- Judge Advocates Office
I.McLaughlin, Michael Downes, and I. Cassady, underwent an examination on the charge of robbing the Hospital Stores of a quantity of Wine and Sugar.
McLaughlan being first examined, made a confession that Michael Downes, on Sundey evening the 14th instant, applied to him for the key of the said Store, to which he had access, & that he, McLaughlan, gave him the key three times between the hours of seven and eight o’clock: But at length passing the door, met Downes on the threshold with two bottles in his arms, and a quantity of sugar, which he was then in the act of conveying away from the store-room. That Downs desired he would take no notice of what he saw and gave him one of the bottles which contained about half a gallon, and emptied into his cap part of the sugar.
Downes being then called in, acknowledged having taken out of the store about half a pint of wine, but disavowed any further culpability.
Cassidy confessed, that he had partook of the wine, to which the others invited him, but was them ignorant from whence it came.
John Tyso, servant to Mr Mileham, declared that Mc’Laughan gave him half a gallon of the wine, & in company with Downs and Cassady drank as much more, of which he informed his Master- Here the Enquiry closed and the Prisoners on the evidence were re-committed.

Sydney Gazette & NSW Advertiser, Sunday 21 August 1803, p4
EXAMINATIONS before the Lieutenant Governor, and Magistrates Sat August 21
Downes and McLaughlin, convicted of Robbing the hospital Stores, were sentenced One Hundred Lashes each, and to work in the Gaol Gang. The disposal of Cassady was submitted to his Excellency.
Shortly after Michael Downes was sentenced in August 1803, he was selected as one of a small group of convicts who would accompany Lieutenant John Bowen who was selected by Governor King to form the first settlement in Van Diemen’s Land, in the River Derwent, at Risdon Cove which is about 7 kms north of the present site of Hobart. This was to prevent the French from claiming Van Diemen’s Land.  The party departed Sydney for the River Derwent on 29 August 1803 on the ships Lady Nelson and Albion. The Lady Nelson anchored in Risdon Cover on 8 September, and the Albion which carried Lt. Bowen, five days later. The party included a surgeon Dr Jacob Mountgarrett, a storekeeper, botanist, assistant surveyor and a gardener, 5 free settlers, 22 soldiers, 3 female convicts and 29 male convicts (NB. the HT First Settlers Assoc. names 29 male convicts, other sources say 21). A further 42 prisoners were dispatched on the Dart in October, twenty of whom were volunteers, and these latter were told that, if their behavior was good, they should be allowed at the end of two years to choose between settling at the Derwent and returning to Sydney.
The original group included Wexford rebels Michael Downes (recorded as Michael Dawns) and Dennis McCarty  (‘Friendship’, life sentence; played a significant role in early Tasmanian history- see ADB), and James Cavanagh who was tried at Rathdrum Co. Wicklow for rebellious activities (‘Atlas II’, life sentence).
(Ref. for list of first convicts: The Hobart Town First Settlers Association has a list of the convicts at Risdon Cove, VDL: http://www.htfs.org.au/settlers1803.htm)

The site proved unsuitable with poor soil and scarce fresh water supplies. Several prisoners had escaped, and most of the others proved useless.  Bowen returned to Sydney to report and returned to Risdon in March 1804, to find that in February, Lt. Colonel Collins had arrived with his party of convicts and settlers from the failed settlement at Port Philip (now Melbourne), and finding Risdon Cove unsuitable, chose an area at Sullivan’s Cove which is now the site of Hobart. Bowen’s group were emaciated and near starvation- they were on restricted rations, no land was under cultivation on government account and only two free settlers had tilled the soil. Collins was given authority to head both colonies, but Bowen refused to recognize Collins authority and for a short time there were two settlements under two commandants. A confrontation with local aborigines occurred in May 1804 with a number of natives killed. Governor King requested Bowen to return to Sydney.
The Victualling records which cover the period 17 October 1803 to 31 December 1804 show that Michael Downes and the other Risdon Cove settlers transferred over to Collins from Bowen on 26 June 1804. However Downes had gone ‘off stores’ on 31 July 1804, marked as Michael Downs, DD (viz. discharged), and according to researcher Garry Wilson, it would appear he left with Bowen on the Ocean on 8 August 1804, returning to Sydney.
“Early Tasmania: Papers” by James Backhouse Walker (Tasmania 1902), pp.37-56:
Collins says that the officer in charge on his arrival (Lt Moore) described the convicts as “a worthless and desperate set of wretches”. The Sydney authorities seem to have taken the opportunity of Bowen’s settlement to rid themselves of their worst criminals, including the most turbulent of the United Irishmen, who had lately given so much trouble by their rising in the older colony. Collins eventually shipped the whole lot back to Sydney with but few exceptions. Of the 50 convicts there were only 11 men and 2 women whom the Governor deemed it expedient to keep. (several had escaped)
Whether Downes was one of the eleven who remained, or, among those who returned to Sydney with Bowen on the Ocean  in August 1804, is not quite clear.
Irene Schaffer’s book: Land Musters, Stock Return, and Lists Van Diemen’s Land 1803-1822 (pub. Hobart 1991), has the following:
Appendix 3:2 Clothing Supplied to Convicts at Hobart Town from 16 Oct 1804 to 31 Dec 1804
(CO 201/43, reel 21 pp.41-47)-
Page 232 Michael Downes: 1 Jacket, 1 W/Coat, 1 Britches, 2 shirts, 1 trousers, 1 shoes, 2 stockings, 1 hat Notably Downes’ supply of clothing was a third of that supplied to most of the other convicts.
The date of the above record would seem to indicate that Downes was still at the Derwent in October 1804, which may indicate he was one of the eleven chosen by Collins to remain. However, the fact that Downes received only a reduced supply of clothing suggests he was not staying long. It would appear that he had left for Port Jackson at least by 31 December 1804. Kath Lonergan, historian with the Hobart Town First Settlers Association, suggests that “Downes left for Port Jackson from the Derwent River between 2 March to 31 December 1804.”  

Dr Jacob Mountgarrett, Bowen’s surgeon was told by Collins that his services were not needed as his medical staff was complete. Mountgarrett also returned on the Ocean and was immediately appointed surgeon to the new settlement that was about to be founded at Port Dalrymple on the north coast of VDL by Lt. Colonel William Patterson, and sailed with Patterson’s party from Sydney in November 1804. The group included a party of prisoners, which may have included Michael Downes.  Mountgarret, an Irishman, may have chosen Downes to accompany them.
However, Downes may have transferred to Port Dalrymple from Hobart Town at a later date, although for some time there was no communication between the two settlements of the Derwent River and Port Dalrymple, until they came under the one government rule in 1812, so the circumstances under which Downes would have transferred is unclear. Records of convict movements in the new colony are sparse.
Downes is not in the 1805-06 Muster of NSW and Norfolk Island so he must have been still in VDL at that time.

Port Dalyrymple/GeorgeTown:

The Tamar river entrance was named Port Dalrymple (now George Town) and the Gov. of NSW sent an expedition under Lt Col. Wm Patterson who claimed Nth VDL in a ceremony at Outer Cove on 11 Nov 1804. He brought with him around 200 people in all, including soldiers, convicts, 1 free settler and a doctor (Mountgarret). There were several ships in the fleet- Patterson on board the Buffalo, convicts on the Lady Nelson from Norfolk Island, and two other ships, the Integrity and the Francis. By late Feb 1805, Patterson had moved his main settlement to York Town on the western side of the Tamar River but left a small detachment at Outer Cove. At both places he established successful gardens to grow vegetables for the two settlements. In 1811 Gov. Macquarie visited Port Dalrymple and ordered that George Town be made the headquarters for Nth VDL.

Michael Downes was in Port Dalrymple before 1810.
Colonial Secretary’s Papers 1788-1825
- 1810, October 9- re Michael Downes request for emancipation (Reel 6003; 4/3490A, p.99)
The Colonial Secretary, in a letter to Major Gordon, 73 Regt, Commandant Port Dalrymple, dated 9 Oct 1810, wrote: The request of Thomas Howard for a lease of the house etc etc… now at Port Dalrymple will be taken into consideration by his Excellency when he visits that settlement, at which time he will also attend to the requests of Michael Downs and Martin Hayden for Emancipations.

In the 1811 Muster of NSW, Norfolk Island and VDL, Michael Downes is listed at Port Dalrymple. He was described as  Port Dalrymple- Downes, Michael, Ship- Atlas 1, Trial date- Sept 1800, Trial Place- Wexford, Sentence- Life

On 18 May 1813, Michael Downes received a Conditional Pardon
(NSW State Records: [4/4430]; Reel 774, p.68)

In 1814, while Dennis McCarty was in gaol in Sydney for rum smuggling, his wife Marianne on his farm at New Norfolk was robbed of goods worth over £560 by the notorious bushranger John Mills. Mills showed Marianne McCarty a list on which was listed all of the McCarty’s valuable goods, which he said was written and signed by Michael Downes.

By 1814, Michael Downes was in the employ of George Weston Gunning Esq. at Coal River (north of Hobart Town). Gunning was a Lieutenant of 73rd Regiment of Foot sent to Port Dalrymple in 1810, appointed Acting Commissary, and Inspector of Public Works in 1812, resigning in 1814. In 1813 he was granted 44 acres of land at Coal River, Richmond, by Gov. Macquarie, plus 6 cows and 6 government men on the store for 18 months. After his resignation he took over his farm and became the local magistrate at Coal River. Downes had returned to George Town by 1817.

Apparently, Michael Downes was known to supply bushrangers, pre-amnesty, with supplies and ammunition. He was named in an enquiry into the murder of another Gunning employee James Whitehead in January 1815 by three bushrangers. The story unfolds at George Gunnings Stock Hut, called Campbell’s Hut, at Coal River where Downes was the Stock keeper, and where the three bushrangers were resting when they were arrested.

Deposition re capture and escape of 3 bushrangers, Collier, McGuire and Byrne:
Sworn before James Gordon J.P. 17 Jan 1815
Francis Austin, prisoner, servant to George Weston Gunning esq.....
Downes, the Stock keeper who lives at the hut snatched at the musket and Swore it was his. Nelson would not give it him, but gave it in charge to Harty. They then seized on James Collyer, Richard McGwyre, and Hugh Burn, three noted Bushrangers, tied their hands and then lashed them together. Downes was cooking some dinner and had some Salt Pork and Dough Boys in an Iron and he requested they would let the Men remain a little while ’till could have something to Eat; and he gave the Bushranger’s all he had in the Pot, which they Eat; the party then took them and marched them from Campbell’s Hut to the house of Stynes and Tray; but, before they went from the Hutt, the Bushranger McGwyre told Downes, that when Whitehead should return, to inform him that they had left his Musket and Dogs at the Hut, and that the other Man (meaning another Bushranger) was at the back of the Sugar loaf with the Sheep and that he (Whitehead) knew very well where to find them.

Notably, Dr Mountgarrett was accused of similar underhanded behaviour.
After the departure of Lt. Col Patterson and the death of Collins, conditions throughout the island deteriorated and Mountgarrett became associated with many doubtful activities. He was accused of assisting Peter Mills, surveyor and harbour master, in his bushranging activities, and in 1815 was sent to Sydney but was acquitted. He returned to Port Dalrymple (having had his arm amputated), but Lt. Gov. Sorrell constantly complained of his neglect of duty. He was notorious as a bad debtor and was suspected of cattle stealing and misappropriating stores and medicines for which he was responsible. He was succeeded as surgeon at Port Dalrymple in 1821.
 (Aust Dictionary of Biography , Isabella Mead, Mountgarrett, Jacob.)

The next report of Downes is in the Hobart Town Gazette and Southern Reporter, Sat 26 July 1817, p2, where he was part of a coronial inquiry. He had left Coal River and was now back at George Town:
HORRID MURDER AT GEORGE TOWN
On Friday 4th inst., the body of John Randall, acting as chief constable at George Town, Port Dalrymple, was found by Corporal Mitchell and some privates who were out in a boat fishing, lying on the rocks at Port Macquarie…..
A witness (McDonald) saw Samuel Smith take up an axe and hit Randall, upon which he fell backwards and Edward Harwood who was in the house cried out “Don’t hit the man”; that he, McDonald then left the house, but before he reached as far as the Dispensary where Michael Downes lived (a distance of about 600 yards) he saw Randall come out of the boat’s crew hut and fall on his face. About 9 o’clock on Thursday evening Samuel Smith was seen by Michael Downes returning from the Long Meadows where Samuel Smith said he had been…. Etc.

General Muster of Civil Settlers, Free Men taken at Port Dalrymple, VDL., 11-15 October 1819:
Name: Michl DOWNES; Ship Atlas; Where Tried-Wexford; Sentence-Life; Victualled- Off Stores;  Remarks-[Sept 1800]
(Irene Schaffer, Land Musters, Stock Return, and Lists Van Diemen’s Land 1803-1822 (pub. Hobart 1991):
Page157 List 9:6)

Michael Downes received an Absolute Pardon on 11 November 1823
(NSW SR: Col. Secretary’s Papers 1788-1825;[4/4486] Reel 800, p. 65)

Col. Sec Papers record “Index to Land Grants in VDL 1810-1823” (Fiche 3262; 4/438, p.24)- undated:
- Michael Downes, 30 acres, Register 220.9, District: Morocu; Quit Rent 1/-.
According to Thelma McKay’s: Index to Early Land Grants VDL 1804-1832, Michael Downes was granted 30 acres in Morven (Ref: Vol. 4 page 220 [LSD354 Vol. 4 1820-1823]) Morven was in the north based around Evandale which is just south of Launceston. The electoral district of Morven was created in 1856 and renamed Evandale in the 1886 election.

A list of those receiving Land Grants was in the Colonial Times and Tasmanian Advertiser, Friday 18 November 1825, p4. It included Michael Downes, and stated:
GRANTS OF LAND
Surveyor General's Office Hobart Town Nov 14, 1825
Notice is hereby given to the Proprietors of the under-mentioned Grants of Land, that the same are ready for Delivery at this Office, and it is requested that these individuals entitled to receive them will lose no time in making personal or written application, as all Deeds remaining uncalled for, after the Expiration of 3 weeks from this Date, will be returned to Head Quarters by the earliest opportunity.

It appears to indicate that those named had failed to take delivery of their grants and had three weeks in which to do so.

A few months earlier, Michael Downes had travelled to Sydney:
The Tasmania and Port Dalrymple Advertiser (Launceston), Wed 27 April 1825 p1:
MICHAEL DOWNES, proceeding to Sydney on the Brig Queen Charlotte, requests all Claims to be immediately presented.

The Sydney Gazette and NSW Advertiser, Thurs 2 June 1825 p2:
Shipping Intelligence
On Monday last. arrived from Port Dalrymple, with 7500 bushels of wheat, the colonial brig, Nereus, Captain Swindells. Passengers: Mr Downes, etc.

Whether he returned to VDL to take up this land grant (within the 3 week specified period), or stayed in Sydney, or left the colony is as yet undetermined. No definite death record has yet been found for Michael Downes.

Possible references to Michael Downes, although by the mid 1880’s there were several by the name of Michael Downes in the colony, including VDL, Victoria and NSW:

A newspaper report in the Colonial Times (Hobart) Tues 22 Sept 1835 p8, may refer to Michael Downes:
Police Reports:
Tues Sept 15
Mrs Reardon appeared by summons to show how she had become possessed of a cow that she had sold to Mr Downes which had been taken from him and claimed by Mr Bonney who stated he had lost the cow about two years since. Mr Downes produced a receipt that proved that he came by the cow honestly…… Mr Bonney was ordered to take the cow he so claimed, without any proof. Now this may be way matters may have been conducted at George Town but it will not do here. It is a dangerous precedent and we doubt the authority or legality of the hearing and decision.


Other possible records which should be checked:

1.A possible son of Michael Downes (although there is no evidence that he married):
Australian Death Index 1787-1985
Michael Downes
Death Date 21 August 1885
Place Tasmania
Age 63 (b.1822)
Reg. Place: Launceston Tasmania ( near Port Dalrymple)
Reg No: 299

2.A Possible death of Michael Downes- (NB there appear to be several Michael Downes in the colony, according to the BDM Indexes)
Australia Death Index 1787-1985
Michael Downes
Death date: 1846
Death Place: NSW
Reg. Place- Sydney NSW
Volume No. V1846586 115  (this is a parish record)
 (NB There is also a Marriage record for a Michael Downes to Eliza Prince in 1835, Reg. Place Sydney NSW, which may refer to the above death record, and therefore probably not relevant)


 A third deposition concerns Lewis Bulger transported on the “Anne I”:
 Following the deposition made by Catharine Heydon of Ferns about the death of her husband sworn 31st August 1798, Musgrave relates part of a conversation, which Lewis Bulger had with Mrs Heydon in a house in Enniscorthy, after the death of her husband Rev Samuel Heydon, in Enniscorthy, at the house of cabinet maker, Stephen Lett, where he was sheltering. Bulger had lived 14 years as her butler, and was very active in plundering her house at Ferns as soon as the rebellion broke out.
“A few days after the death of Mr Heydon, and while Mrs Heydon was in the utmost distress in Enniscorthy, Lewis Bulger visited her, told her he would save her jaunting-car, and convey her in it to her own house (at Ferns); she said she had no house, as it belonged to the bishop, until he appointed another incumbent. “The Bishop!” said Bulger with much contempt; “the bishop has no house now! It may be mine, or that man’s,” pointing to a pikeman who sat in the room; “but the bishop has nothing to do with it; there will be no laws now, for in about three months, every thing will be settled in a much better way than they were.” He told her, that she might live happily again in her own house, provided she would become a Roman Catholic, and be surrounded by none but by persons of that religion. She answered, that she had charity for persons of every religion, but that she would live and die in the faith in which she was brought up. Bulger then said, you are liable to be shot if you appear in the street; there will be but one religion on the face of the earth; this is all the handiwork of God; and as a proof of the divine interposition in favour of the rebellion, he said, “Father John Murphy catches red-hot bullets in his hand.” If the priest was to bless a piece of meat, the most hungry dog would not touch it; this is a common opinion among the lower class of papists: A priest can bring a lighted candle out of a tub of water: He said to her, sure you won’t remain there; she answered, that she had no house to go to, but that she hoped soon to meet his master in heaven: On which he observed, “I promise you, that you will never meet him there.” What can be expected from a populace drenched with such superstitious and deleterious doctrines; and who believe that their priests can suspend and counteract the operations of nature! What a fruitful source of treason must that opinion be, that the divine will was visible in favour of a rebellion, formed for the prostration of the protestant state, and the exclusive establishment of the popish religion, by which alone the mass of the papists believe they can be saved!” [xviii]

Musgrave further mentions Lewis Bulger in a section of the book, on the priests involved in the insurrection, namely Father Edward Redmond, Parish Priest of Ferns:
“Although acquitted of every charge exhibited against Edward Redmond in his court-martial, through the want of prosecution, it is almost certain, that he marched, at the head of his rebellious parishioners, to the battle of Newtownbarry, where they were well peppered. In his progress thither, he stopped at Clobemon, the seat of the Derinzy family, where he got some refreshment, and left a woman, who he called his niece; but who was supposed to be his concubine. It is common practice with Irish priests to keep in their houses a female companion, who passes for their niece; and in the same manner, the pope’s bastards have been commonly denominated, and have passed for their nephews. For the truth of what I assert, I shall appeal to such of the Derinzy family as were at Clobemon, particularly to Mrs Turner, and their three grand children, who were prisoners there at that time. It is remarkable, that this sacerdotal hero was attended on his march by Lewis Bulger (as his aide-de-camp) butler of the reverend Mr Heyden, who robbed his master’s house at Ferns, and after the murder of that gentleman, insulted Mrs Heyden at Enniscorthy, for which he has been transported. Redmond at his return, after his defeat, carried his concubine behind him on horseback. The rebels, on their march from Ferns to Newtownbarry, burnt some protestant houses; and their pious leader, having found a poor labourer at his work, on the lands of Ballycarney, compelled him with a horsewhip to join the crusade, and he was unfortunately killed.” [xix] 
(The bias exhibited by Musgrave against Catholic priests, in this report is very pronounced. He carried out a determined character assassination of all the priests.)

 Fr. Redmond in his letter of 30 June 1798, explained the situation about the Heydons in a very different light. While admitting that the rebels had plundered these two houses, even though he had "repeatedly taken every pain to point out to the people of this neighbourhood the impropriety of villainy with meddling with (the Heydon's) or the Bishop's property (the consequence of which was that a great deal of both were restored)", he acquitted Lewis Bulger of complicity, saying that Bulger had "your interest at heart very much" and had lodged her belongings along with his own for safety in Mr Gough's house at Milltown, but soldiers who had encamped on the Bishop's lawn plundered Mr Gough's house and "did not leave a sixpence behind them belonging to any person."  Redmond continued: though Mrs Boulger (Bulger) is not left a stick in the world but what she has on her. Her husband is obliged, I understand, to be hiding day and night for fear of both parties. Redmond then asks Mrs Heydon "could you procure him a protection from the army, as they are so much attached to you. I am confident that they might and would gladly serve you."

This presents a very different view of Lewis Bulger's attitude towards his former employer than that presented by Musgrave, and even Mrs Heydon's deposition. Was Mrs Heydon so grief stricken by her husband's brutal killing that her memories of her dealings with her former servant were distorted, or was Fr. Redmond telling her what he thought she would want to hear? And was Bulger guilty of the crimes of which he was accused or was he an innocent bystander caught up in the maelstrom happening around him.
(Ref. Musgrave Depositions, Trinity College Dublin, courtesy of W. Sweetman) 

Notably, Miles Byrne in his “Memoirs” stated that Fr Mogue Kearns led the rebels, including himself, at the Battle of Newtownbarry, of which he gave a detailed account. [xx] He did not mention Fr Redmond as being present. However, if Fr Redmond and Bulger were present at this battle, as part of the Ferns unit, it is more than likely that Laurence may have also been part of this battle, which was a failure by the rebels who were soundly defeated, and which occurred three days before the Battle of Tubberneering.

As Redmond was Parish Priest of Ferns, and Bulger was butler to Rev. Samuel Heyden in Ferns, all three men would have been well acquainted with Laurence Butler.

During the Castle Hill Rebellion of 1804 (west of Sydney), Bulger met a man named John Griffin (‘Anne I’) who carried a paper for the leader of the uprising Philip Cunningham. As Griffin was illiterate, he asked Bulger who could read but not write, what was in the document. Bulger, on reading it, discovered the set time for the insurrection and the password. After informing Griffin to destroy the document, he then informed the authorities. Another informer was Wexford rebel (Atlas 2) Patrick Sloane, the Irish overseer for Captain Edward Abbott, who, on being shown a similar document, informed Abbott who told Rev Samuel Marsden who set off for Sydney to notify the Governor. [xxi] Both Bulger and Sloane would receive pardons. In 1806 Bulger was ‘free by service’ and working for D’Arcy Wentworth at his Parramatta farm, possibly as farm manager or house butler. [xxii] In the "Sydney Gazette", 9 November 1811, Bulger stated that he was about to depart the colony on the 'Admiral Gambier', and requests all claims and demands against him to be presented for payment immediately.



The following court-martial trial sounds very like that of Laurence Butler:
Patrick Power relates the trial of Michael Murphy:
“The trial of Michael Murphy, a farmer from the Rower in County Kilkenny, near New Ross (Co. Wexford), took place in July 1799 in Waterford City. The court was composed of officers of the Loyal Cheshires, the Fencible Infantry and the Cavan Militia. He was charged with being a leader or captain in “the rebellion now existing in this kingdom.” It appeared later that he had benefited from the amnesty because he was not a leader. It was now the intention of the court martial to prove that he had been a leader in the rising.
Once more the ‘approver’, Thomas Kearney, gave King’s Evidence, as he had in other cases. He stated that he knew the prisoner and was a native of the Rower. He recalled the day of the Battle of Ross when Murphy went across the River Barrow at Mountgarret ferry on his way to Lackan camp (near New Ross). His object was to secure cannon to attack New Ross from the Kilkenny side across the bridge.
Kearney went on to state that Murphy was refused the cannon because he was not trusted enough to be given any artillery. He went about on a white horse, Kearney said, which he had from a priest, he carried a gun and was addressed as captain. In cross-examination Kearney stated that Murphy wore a bottle-green coat, that he owned before the rebellion, but he did not have a sword as other captains did. He also told the court that 100 men were to be sent for the artillery but Murphy was not considered bold enough by the Wexford men who thought that he might “desert the cannon”.  Ann Lynn next gave evidence. She saw Murphy the day that the army marched from New Ross to Borris before the battle of Ross. He was in her house and said that he had a letter from Lord Edward Fitzgerald to assemble men in order to strengthen Lacken camp in County Wexford. When she was cross-examined, she said that Murphy was an industrious man and she was unsure whether he joined the camp under threat or not. He had been at home for months since he benefited from the amnesty after the end of the Wexford rebellion and he lived near her house in the Rower. Elizabeth Murphy, the next witness, said that Murphy joined the rebels because he had been threatened and would not have joined only for this fact. 
Murphy submitted a written statement to the court in his own defence:
Firstly, he said that he had been in rebellion but had received protection of the law.
Secondly, he denied that he was a leader or a captain.
Thirdly, he pointed out that Kearney was an approver and a murderer. As to what the two women had said, he noted that first one was in child-bed at the time and the other had testified that he was forced into rebellion.
Fourthly, he had a protection-paper from Major Kingsmill, given to him by William Tighe of the Inistioge Yeomen Infantry on 6th December 1798.
Fifthly, no single instance had been produced to show that he acted as a captain. As to the horse, he stated that others used horses too although they were not officers. He had the green coat since before the rebellion.
Sixthly, he said that no act of barbarity was alleged against him.
Thomas Addesley, a former comrade like Kearney, next gave evidence. He knew Murphy for eight or nine years, he said. On the 5th June he had seen him with others at Mountgarret ferry on the River Barrow. One Patrick Walsh of Inistioge had suggested that they should go to fight in Ross and not Murphy. He went on to say that he also had been in the Rower camp and saw no one there who could be a captain and that included Murphy. He admitted, however, that he had seen men drawn up in ranks. As to the white horse, many men rode about on that, he said. When cross-examined, he said that he heard on the day of the battle that Messrs Cliffe, Elliott and Annesley were killed by rebels at the Rower church. These three men had fled from New Ross on a car provided by a tenant of Elliot and they were piked to death by three men at the church. He admitted that people said that Murphy was captain but he, Addsley, had spent only four days in the camp. Thus did Addesley adroitly and vaguely hint that Murphy might have had the three Protestants piked to death.
Denis Bryan from County Carlow said that he did not see the prisoner act as captain and he had stayed at the prisoner’s house. David Doyle who had been present for the full six or seven days that the Rower camp lasted until 11th June, confirmed what Bryan had said.
Richard Bolger, Esq., a landlord who lived in Ballynabarney in the parish of the Rower and magistrate of County Kilkenny, produced to the court sworn information from David Doyle given to him 6th June 1799. According to this statement Michael Murphy and Thomas Cheevers, captains, ordered Doyle to go to Ringwood in Co Kilkenny to take Lord Callan’s horses, one for each of them. They intended to go to Lackan Hill (near New Ross) to see if the rebels were dispersing and disarming, so that the Rowermen might do likewise. Since this did not tally with the evidence that he had given in court, Davis was committed for “willful and corrupt perjury”. The usual punishment was 500 lashes.
At the end of this three-day trial, Michael Murphy was declared guilty and sentenced to transportation for the term of his natural life. However, he did not give up the fight for acquittal. He petitioned the authorities stating that the witness against him, Thomas Kearney, was a most infamous character, who was at that time in Waterford Jail. He repeated his assertion that he was not a captain of rebel forces.”
He lost his appeal, as Michael Murphy was transported on the “Friendship” in 1799/1800. [xxiii]
See Cattle theft Court case below for details of Michael Murphy in the colony


A Catholic priest who would play an important role in the Catholic community in the Colony was Father James Dixon. “In July 1798 he was accused in a deposition of being with the rebels in the battle of Gorey. It did not help him that he was a cousin to Captain Thomas Dixon (of Wexford Bridge infamy). He was arrested, lodged in Waterford jail  (New Geneva) and court-martialed in September 1799, when he was sentenced to death but this was later commuted to transportation to Australia. No less a person than a Protestant pastor, Rev. Frederick Draffen, who knew Fr. Dixon, intervened in his favour. Draffen recalled in a memorial that Dixon was “a peaceable Man and Loyal Subject to our Gracious Majesty”. Draffen had fled to Wales after the rebels captured Wexford Town and on its recapture Dixon came to Wales, where Draffen protected him against the mob in Milfordhaven who threatened violence. Dixon was nevertheless transported to Botany Bay with two other priests. He was given a pardon and returned to Wexford, first as curate in Crossabeg and then became parish priest. He died 4th January 1840 in the Franciscan Friary in Wexford Town.” [xxiv] A second account stated that Dixon was saved by Draffen from a mob at Bristol who were chasing him down, and that Dixon had fled to Bristol in the company of the LeHunte family of Ardtramont. It was also stated Dixon was accused of being in the battle of Tubberneering. [xxv]
Fr James Dixon would play an important role in the spiritual lives of the Irish rebels transported to Sydney Cove, until his pardon and return to Wexford in 1809, where he lived out the remainder of his life.


“John Fowler was charged on 11 March 1799 with being a rebel in arms against His Majesty, acting as a rebel leader and murdering Richard Cooke and Roger Pierce in June 1798. The latter was a native of Ballythomas, County Wexford. The court martial convened in Wicklow town. The actions which came up for adjudication all took place in Counties Wicklow and Wexford quite near to the border between both counties.
The first witness was James Kenny who said that rebels came armed with pikes to Ralph Blaney’s house at Buckstown in June 1798. John Fowler then came on horse-back and decided that the house should be burned. For this purpose two furze bushes were lighted in the kitchen fire but Fowler’s attention was drawn to a rebel protection notice posted on the front door. This had been by Anthony Perry, the Protestant United Irish leader, and Fennell. He ordered the house to be spared. In answer to questions James Kenny stated that he had been a prisoner of the rebels on Gorey Hill in County Wexford and had been forced to join them.
Ann Doyle, wife of Richard Cooke, stated that on the day of the battle of Clough or Tubberneering in County Wexford, her husband and she with a child were traveling by cart on the Arklow Road. The rebels stopped them, threw Cooke on the ground and later took him to Gorey and from there to Vinegar Hill as a prisoner. Fowler questioned her and suggested that her husband had returned home after a visit to his brother on Vinegar Hill.
After this interesting accusation and rebuttal, Bridget Dolan of Carnew stated that Fowler served with the rebels at Gorey, Limerick Hill and Ballymanus. He rode a bay horse, she said, and was armed with a sword and a case of pistols. She described Roger Pierce being piked to death by a ring of rebels and then added that Fowler stabbed the prostrated man with his sword. Dolan also stated that Fr. Nicholas Stafford, watched the murder. She also saw Fowler giving orders while Carnew burned, one of the first villages that the Wexford rebels wished to capture in the penetration of Wicklow on the road to Dublin.
Dorothy Masterson, known as Dolly, as sister of Ann Cook, said that she heard from her sister speak of the matter under consideration. She saw he brother afterwards, she said, in her father’s house free on bail from the rebels. The bail-condition was that he should go with the rebels whenever they called on him. She said that she heard also that he was taken again by the rebels but went to see his brother on Vinegar Hill. He was shot there when he was fleeing towards the King’s Army.
When questioned by the court Dolly Masterson stated that the prisoner’s mother had assured her that she should never want for a meal if she told the truth in court.
At this stage Thomas Dowse, gentleman, said that he had been taken by the rebels in June 1798 and saw Fowler dressed in black and mounted on a sorrel horse on 18 June 1798.
Then one Simon Carlan confirmed the sighting of Cook after the date of his alleged death. He clinched this statement by saying that he heard that Cook was then alive, well and living abroad.
Fowler was condemned to die but Lord Cornwallis mitigated the sentence to transportation abroad for life.” Fowler was transported on the “Atlas 2”.
“Although this was not wholly clear from the court martial papers, Bridger Dolan’s testimony was declared not worthy of belief.
The Fr. Nicholas Stafford, who is mentioned above, was a curatte in Ardamine Parish in the Roman Catholic chapel of Riverchapel not far from Gorey. He was a friar and became a leader of the rebels. He was described by Sir Richard Musgrave as a ‘notorious traitor’.” [xxvi]


“William Carey of Kilpipe not far from Shillelagh, near the border with Wexford, was tried before a court martial in Wicklow. He was charged with the murder of John Bolton, Joseph Ellison and John Gaggin in Glenmalure in July 1798, when the rebellion had been put down and many rebels were fugitives in the hills and fastnesses of County Wicklow. Sir Richard Musgrave states that all three were ‘supplementary yeomen’ who were sent to collect cattle and who fell into the hands of rebels, ‘who put them to death with great torture with pikes’. A witness stated to the court that Carey was elected captain in July 1798 when a man named Malone declined the post. The other two, he said, piked the three to death but not Carey. A Captain King who was a magistrate and a yeoman officer told the court that this group of rebels had lost their captain at the Battle of Vinegar Hill. Carey was sentence to life transportation for being an officer and being present at the three murders. It should be noted that in 1798 and 1799 he could have been sentenced to death.” [xxvii] He was transported on the ‘Atlas 2’.


Michael Hayes was a life-long friend of Laurence Butler’s. His letters revealed that he and his family were known to Laurence’s wife Catherine, in one of which Michael wrote “Remember me to her.” He would remain as a loyal friend in Sydney, witnessing Laurence’s will.

An article written by historian William Sweetman in the Journal of the Wexford Historical Society,  entitled 'Michael Hayes- 1798 Convict, part I',[xxviii] shows very comprehensive research and gives us much valuable information on Michael’s background, and participation in the rebellion.

Michael Hayes was baptized 19 January 1767 to parents Richard Hayes of Selskar, opposite Monk Street, and wife Eleanor Maddock. [xxix]
Other chn:
Ellen, bap. January 1771
Mary, bap. 30 April 1773
Margaret, bap. 25 June 1776
Margaret, bap. 26 October 1779
Patrick, unknown

Eleanor Maddock Hayes d.c.1780, and Richard remarried to Mary Broe.
Chn:
Mary, bap. 6 December 1784
Richard, bap. 6 December 1787 (born North Main Street)
John, bap. 10 June 1790
Catherine, bap. 28 October 1793

In the Lucas Irish Provincial Directory for 1788,[xxx] Richard Hayes is listed as a grocer and malster in Main Street, Wexford Town.

Michael married Eleanor Dempsey, and had three children, only one of whom was registered: James bap. 30 June 1795, sponsors Joseph Connor and Mary Hayes.
(Registers of Roman Catholic Parish of Crossabeg, including Ballymurn Curacy, Volume I-Baptisms 1794-1796, 1814-1834, only available at Wexford Library.)
Eleanor may have been closely related to Matthew Dempsey who gave evidence on behalf of Philip Hay at his court martial, stating that Hay 'exerted his influence with his tenantry' (see below). Whether Dempsey was a tenant of Hay is not stated, but implied.
During the 1790’s Michael Hayes was farming at Ballymurn, south east of Enniscorthy- the landlord of Ballymurn townland was Harvey Hay of Ballinkeele, one of the delegates elected to represent the country at the Catholic Convention in 1792 in Dublin along with his eldest son Edward Hay who would write the post rebellion account: History of the Insurrection of the County Wexford, A.D. 1798 (Google books). A book has been published about the court-martial trial of Edward’s younger brother Philip Hay: Proceedings of a court-martial, held upon Captain Philip Hay of the Third regiment of Foot, by order of Major General Hunter, commanding His Majesty’s troops in Wexford, July 27, 1798, pub. Gale Ecco, USA, 2010. This trial recounts witness statements by Michael Hayes which places him during the rebellion.

When Harvey Hay died, he inexplicably left his estate to younger son Philip Hay who then became landlord to Michael Hayes in early 1798. Philip Hay, a captain in the British Army stationed in the West Indies, who returned to Wexford before the rebellion started, was court martialed as a rebel a few weeks after the Battle of Vinegar Hill and the surrender of the Wexford rebels. While Philip Hay had ordered his tenants “to be quiet and civil, otherwise the country would be ruined”, and had requested they give up any arms, and take the oath of allegiance to their Sovereign, this area, not far from Oulart, was a hotbed of unrest. During the night of Saturday 26 May, Ballinkeele was raided for the surrendered arms and two of Hay’s houses were burned. The following day, Whitsunday, the rebellion in Co. Wexford began with the Battle of Oulart Hill led by Fr. John Murphy. On Monday 28 May, a camp was established on Vinegar Hill and word was sent through the district for all able-bodied men to present themselves at the camp. Tuesday 29 May was the day that the group arrived at Laurence Butler’s house demanding he join them. Houses were set aflame and it appears that Michael Hayes' house was burned down at this time, and he may have taken his family to Wexford Town for safety before returning to Vinegar Hill.

At Philip Hay’s court martial, Michael Hayes was called upon to give evidence:
Michael Hayes of Ballymurn sworn:
Prisoner (Philip Hay) asked: Did you see me at Vinegar Hill and know me to be obliged to march off with the party and who commanded it?
Answer. I did see you and knew you to be obliged to march off with the party which was commanded by Edward Roche.
Q. Did you not go with the party and do you recollect what orders Roche gave you on the road?
A. I did. Roche was taking guns from some men and giving them to others, who could use them, and ordering us to such places where we could get something to eat and drink, and ordering the neighbouring people to follow us with provisions.
Q. Do you know whether the roads and crossroads were guarded, and whether it would have been easy to escape?
A. The roads and crossroads were guarded and a password given, without which, no one was allowed to pass.
Q., by Court. For what purpose did the party march from Vinegar Hill and did the prisoner take an active part in that detachment?
A. It marched for the purpose of taking Gorey, he did not take an active part.
Q., by Prisoner. Among the party who marched from Vinegar Hill were there many upon horseback as well as myself?
A. There were numbers. I, myself, was on horseback.
(Proceedings of a court-martial, pp 31-32)

Another witness said that Philip Hay was seen at the Vinegar Hill camp on Friday 1 June, and that they, including Philip Hay who was seen to be at their head and have command, were ordered to CarrickGrew, which is Carrigrew Hill where the rebels gathered for their strike on Gorey (page 11). There were about 10,000 rebels gathered on the hill who were organised and trained on the hill for the next two days by the captains of their local cells. A further witness, Captain MacManus, stated that he was taken prisoner on the 4th June near Gorey and that Philip Hay lodged him in the Gorey Gaol before accompanying him to Wexford Town Gaol on the 5th June. The Battle of Tubberneering was fought on the 4th June when the rebels from Carrigrew Hill began their march to Gorey via Tubberneering where they met up with Captain Walpole's forces and defeated them, the rebels first major victory. According to Michael Byrne in his 'Memoirs', when they heard that Walpole's troop was marching towards them at Carrigrew Hill, the rebel army was drawn up in a column at the base of the hill at 9am, with an advanced guard of 200 to 300 men formed. They then marched towards Gorey where they met Walpole's troop at Tubberneering. Byrne himself was in the front guard who did the fighting, and Michael Hayes, Philip Hay, and Laurence Butler who was carrying the colours, were probably back in the column leading their respective cells. After the defeat of Walpole, they continued on to take Gorey that same day.
In Michael's evidence, he was asked for what purpose did the party march from Vinegar Hill? He replied that it marched for the purpose of taking Gorey. Hay then asked 'Amongst the party who marched from Vinegar Hill, were there many on horseback as well as my self?, and Michael Hayes replied 'there were numbers; I myself was on horseback'. So it would appear that Michael was part of the rebel group who left Vinegar Hill and gathered on Carrigrew Hill before the battle, and before taking Gorey, if not directly involved in the battle itself.

Only a part of Michael Hayes court martial transcript survives (National Library of Ireland, Manuscripts Collection: Mss. 17, 795- Proceedings of courts martial in Wexford of forty 1798 rebels). The papers are in very poor condition and are missing vital pages of evidence given by witnesses. The trial took place in Wexford Town on 26th, 27th and 28th June 1799, one year after the rebellion. William Sweetman has transcribed a number of trials held by the library, in his book, County Wexford Trials of 1798, pub. in 2013 by Pike Press, including Michael's trial.
It would appear Michael faced three charges: that he was a Committee man (viz. the Committee of Supply under Cornelius Grogan, for the purpose of distributing provisions to the townspeople); that he administered the United Oath to the man-servant of Dr. Jacobs; and, more seriously, that he had piked Samuel Atkins to death at the Wexford Bridge on 20 June 1798, on the evidence of a young neighbor of Atkins named Mary Heavey. Her testimony appears to have been discredited and discounted, and her character described by several, including Samuel Atkins Senior, as “a thief and a liar”, and "she is hardly to be credited". Her mother gave evidence that on the day of the massacre, her daughter had not left her bed because of a leg injury she had sustained, and a cold, which had made her very ill for a fortnight. This was corroborated by another witness
.
The piking of Atkins occurred during the infamous Wexford Bridge Massacre led by rebel Captain Thomas Dixon, resulting in the piking deaths of 94 Protestants held in Wexford Gaol and a prison ship in the harbour.
The defence brought forth Protestant witnesses who described Michael Hayes as having taken great personal risk to save several lives on the day of the massacre, by removing them from the prison ship and gaol, and escorting them home or hiding them in the loft in Hayes' father's house in Main Street.
As Thomas Dixon was dragging the Protestant prisoners from their cells for execution on Wexford Bridge, a witness described a man named Gill, being pulled from the prison when Michael Hayes intervened asking, was it because Gill was a Protestant that he was being removed. The witness remembered Hayes saying ‘he should not be brought out if they had nothing else against him.’ Hayes left the room and ‘returned again some time after and brought witness and his brother, Mr  Paire (Peare) from the jail to his father’s house, where the prisoner (Hayes) staid the whole night on the hayloft to protect them.’
Hayes asked the witness: Did I not stand with my back to the door to prevent anyone being taken out?
A.    You did and said that no person should be brought out of the room.
Q. from Michael Hayes: Did I appear to have any command amongst them?

A. You acted so far as to save us. But I believe you was not an officer. I did not see you with arms.

William Atkins, another witness, said: 'He was in the cell in the jail on the day of the murders with Samuel Atkins who gave evidence here. That the prisoner did his best to save all in that room.’
Another witness James Goodall sworn: the Prisoner (Hayes) came for him, as a friend, to take him out of the prison ship on the day of the massacre. That the prisoner told him he was charged with the burning of his, the prisoner’s house.
He further swore that Hayes assured him that he would ‘do what he could to save witness.'
It was about five o’clock when he (Hayes) came for him to the prison ship. He thinks the prisoner had not arms until he was in the boat, when he took a musket from one of the rebels, with which, he said he would shoot anyone that attempted the life of witness… Prisoner declared that if they took witness’ life, then, they should take his also. That on coming to the quay, Roche exerted himself to save witness, and the prisoner helped him. He seemed to witness to wish to save the prisoners as he judged from his appearance.’
Q. Do you know why the prisoner’s house was burnt?
A. I was one of the party and I believe it was burnt because a dead body was found near his house and another almost expiring on Whitsunday.
Q. How many were put to death before you left the prison ship?

A. I cannot tell. Mr Crump was on deck and said there was (four?), I heard shots.
Q. Might not the prisoner have been active in committing murder on the Bridge before he came for you?
A. He might.

Two female witnesses also gave evidence that they saw Atkins being killed but did not see Hayes there.
The trial papers do not record a verdict, but if he had been convicted of piking Atkins he would have faced execution. It would appear that he was only convicted of administering the United Oath, and despite his laudable and brave efforts to protect several Protestant prisoners from the bridge massacre and the support of Protestant witnesses, he was still sentenced by the court to transportation for life. Michael was sent to New Geneva Prison at Waterford to await transportation.

Several submissions were lodged with the Lord Lieutenant pleading for clemency. Michael lodged a petition following his conviction, and his wife Elinor lodged a further petition for his release. Various Wexford Loyalists also lodged petitions on his behalf. The transcripts of those petitions reveal much information about his involvement in the Rebellion and his subsequent sentence.

Petition of Michael Hayes ,addressed to Lord Cornwallis dated 17 August 1799. [xxxi]
The humble Petition of Michael Hayes late of Wexford, Native and now a Prisoner on board the Friendship transport at the Cove of Cork.
That your Pet/r was tried by a Court Martial immediately after the Town of Wexford was retaken by his Majesty's Army on a Charge of being a Committee Man and having administered the United Irishmen's Oath in the Rebellion.
That the Committee alluded to was for the sole purpose of distributing provisions to the Townspeople according to the Numbers contained in each Family and was totally detached from any United Irishmen's Schemes of forwarding the Rebellion- and the Oath administered was at the insistence and solicitation of Doctor Jacob so administered to his Man Servant in regard to his personal security, which Oath Pet/r casually procured in the Rebellion.
Pet/r begs to assure that he never was a United Man nor did Pet/r carry Arms in the Rebellion or took part therein other than for the protection of Lives and property, in corroboration whereof Pet/r humbly implores Your Excellency to refer to the Annexed Certificates.
Pet/r is an infirm Young Man lame of one hand and much impaired in health from his Imprisonment and should it be Your Excellency's benign intention to restore Pet/r to his Liberty his future good Conduct will be assured by Competent Bail and his efforts thro' Life shall be directed to prove Pet/r not unworthy a participation of Your Excellency's loyal and paternal Clemency. May it please your Excellency to take your Pet/r Deplorable case into consideration, and direct such relief as to your Excellency may seem (?meet) and Your Pet/r and his widowed Mother who presents this Petition, as in gratitude they are bound to do will ever pray
Mich/l Hayes

A damning comment bearing the date August was attached:
‘Before considered. Was present at the murders on the bridge.’
Given the evidence submitted by various Protestants at his trial exonerating his behaviour, the comment was completely unjust, and obviously designed to influence Cornwallis's decision.

Three annexures to the petition:
1. Dated 7th Aug 1799 and signed by several Wexford yeomen stated that they knew Michael Hayes, now a prisoner on board the friendship transport, lying at the Cove of Cork, to be an Industrious Young Man Who has behaved himself in a Becoming manner and during the late Rebellion to have acted as a man of Humanity by Protecting the distressed and preventing from plunder the properties of the Loyal Inhabitants.
We further Certify that said Michael Hayes was not Guilty of Murder or any Act of Cruelty therefore we pray his Majesty’s Royal Clemency to be extended to him. If it shall be the pleasure of his Excellency, the Lord Lieutenant, Solvent Bail being previously entered against his being concerned in any Act of Rebellion
Signed
George Carr Barrister at Law, Annesley Brownrigg Magistrate, Christopher and William Taylor, yeomen (both Protestants gaoled in Wexford Gaol by the rebels), Sam Lake, Wm Boswell, John Ralph and Will Rudd (all yeomen), etc.
2. Provided by Mr Henry Gill, postmaster of Enniscorthy, who declared:
Lieut. Rudd of the English Cavalry who is now Violently ill of a Fever, was to my knowledge protected for several days during the Rebellion at the house of Michael Hayes and sent from that in disguise. August 8, 1799
3. An offer by three Wexford citizens, John Redmond merchant, Matthew Widdup of Wexford and Patrick Furlong of FerryBank, to stand surity of ₤100 each for Michael's good behaviour. The condition of the above recognizance is such that if Michael Hayes now a Prisoner on Board the Friendship Transport at the Cove of Cork shall keep the Peace towards all his Majesty’s Subjects for 7 years and in the mean time be Guilty of no Rebellious Acts and shall be and appear (if enlarged) at the Next General Assizes for Sd. County to give in further Bail if Required then the above Recognizance to be Ibid Otherwise in Force.
Acknowledged before me Annesley Brownrigg.


Henry Gill, postmaster, who signed his second annexure, was one of the Protestants saved by Michael during the bridge massacre. He had his house in Enniscorthy "plundered and wrecked by the rebels" according to Musgrave [xxxii]. Mrs Catherine Heydon took refuge there with his wife for a short time until the rebels ordered her to leave. She was the wife of Rev Samuel Heydon cruelly murdered by the rebels outside Samuel Lett's house in Enniscorthy, and was then verbally abused and threatened, and their house at Ferns ransacked by Lewis Bulger and others.

The John Redmond who gave a surety was probably the John Redmond of Somerton House who, with his brother Walter, established a bank in the Bull Ring Wexford Town in the 1780's. His son became famous as M.P. for Wexford and lived at The Deeps. [xxxiii]
The Patrick Furlong who also gave a surety would become the husband of his sister Peggy, mentioned in one of Michael’s letters in April 1817.

Lieut. Rudd who was protected in Michael’s house for several days and sent from there in disguise, is mentioned in Musgrave's Memoirs. [xxxiv] He was part of the Scarawalsh infantry unit under Capt. Cornick, who helped defend Enniscorthy during the first battle on the first Monday of the uprising. Despite Captain Cornick being injured, they escaped down to Wexford Town, and then escaped to Duncannon Fort before the rebels took the town. Being a local infantry unit, formed in the Barony of Scarawalsh which includes Ferns, Cornick was probably related to Isaac Cornick Esq. (magistrate) of Corbetstown near Ferns who administered oaths of allegiance to the inhabitants of the Parish of Ferns before the uprising. And Rudd probably lived nearby as well. Michael must have known Rudd previously to have given him shelter in his home and helped him to escape capture. 

These two petitions reveal that:
Doctor Jacob, (mentioned in Michaels’ petition) a Wexford Loyalist who remained as town mayor even when the rebels took the town. He played an important part in saving the lives of Loyalists during the Rebellion, and is written about in all books written about the Rebellion in Wexford.

Petition #2
Ten days later, the situation was looking desperate, and two further petitions were written, one by a number of Wexford Protestant Loyalists professing to be Wexford Bridge Massacre Survivors, and one from  Eleanor Hayes professing to be his wife:
Petition of the Wexford Massacre Survivors to Lord Cornwallis: undated (probably on or before 24 August 1799 [xxxv]
The Humble Petition of the undernamed Loyalists
Shewith-
That Michael Hays late of Ballymurrin* now a Prisoner in New Geneva under the sentence of a Court Martial for Transportation during the Late Rebellion acted in the most humane manner __ in Preserving the Lives of the Protestants or Loyalists but also in saving several of the undernamed on the day of the General Massacre on Wexford Bridge as appears by the Tryal at the Court Martial now in your Excellency’s Hand.
That your Excellency has ordered the said Michael Hays for Transportation and from his conduct in the late Rebellion Petitioners Humbly contend the said Hays is an Object for further Mercy.
May it therefore Please your Excellency to  have the said Michael Hays restored to his family as from his General Conduct Petrs are bound to seek for or that your Excellency will be most Graciously Pleased to have him Liberated in such other manner as to your Excellency shall seem meet
And your Petitioners are in duty Bound to pray.
Hercu(l)e Ahern, Sam Atkins, Samuel Atkins, James Goodall, James Hughes, Thos Richards, John Sleeman, Saml Peare, Parsons Frayne, Wm Easson, George Hawkins, __ O’Hearne.

Of the above named signatories, James Goodall, Thomas Richards, Parsons Frayne and James Hughes (along with Chris and Wm Taylor,  on previous Petition) were listed in Musgrave’s book [xxxvi] as being in the:
Calendar of the Protestant Prisoners in Wexford 20th June, used in the bloody committee.
James Goodall -No. 107- Parish Wexford (Musgrave also quoted a witness who stated: “Mr James Goodall, who had been taken out of the prison-ship, and conveyed to the bridge, to be murdered, but was saved by the interference of Roche, the lay-general, declared upon oath on his trial “That the assassins on the bridge were like a pack of starving hounds rushing on their game.”) James Goodall gave evidence on Michael’s behalf at his trial stating how Hayes and Roche had protected him.
James Hughes- No 199 Parish of Wexford
Parsons Frayne- No 95 (of Borrmount estate near Enniscorthy- of the well known family of Fraynes and the Bennetts of Borrmount [xxxvii])
Thomas Richards- No 199 Parish of Wexford- ( Gahan- “People’s Rising”  [xxxviii] - “Then two well-known liberal Protestants, the brothers Loftus and Thomas Richards, volunteered to do it, and he agreed. So at around 10 o’clock in the morning, the 2 men rode out towards the rebel camp, taking some people for the cabins on the edge of town along with them for safety.. The rebel leaders on Forth Mt saw the Richards brothers riding towards their outposts with a white flag raised above their heads. They made their way up to Roche and the other officers were gathered….. They insisted that the Richards brothers ride with Edward Fitzgerald to make sure that Fawcett had actually left for Duncannon…. They sent one of the Richards brothers and Fitzgerald into the town to insist on the surrender of all arms and to supervise the process.  Etc.”)
Christopher Taylor- No 229- Parish of Wexford
William Taylor- No 230- Parish of Wexford
On the reverse side of the petition of the Wexford Massacre Survivors, the following:
I know some of the People who have signed their names on the other side who are loyal and respected Characters.
Castle Ellis August 24 1799
(Signed) James Synes
Vicar of Castle Ellis

Petition #3
The petition attached to this, was from Elinor Hayes: undated, but probably on or before 27 August 1799.
To his Excellency Charles Marquis Cornwallis Lord Lieutenant of Ireland
The humble petition of Elinor Hayes Wife of Michael Hayes late of Ballymurrin in the County of Wexford, Farmer, but now a prisoner at New Geneva Barracks
Sheweth
That Petrs said Husband was lately tried by Court Martial at wexford and Sentenced for Transportation although it appears by the enclosed petition that he was during the late unfortunate Rebellion as far as in him lay extremely humane and active in saving the Lives of the Protestant Royalists on the day of the Massacre on Wexford Bridge as further appears by the proceedings of said Court Martial in the hand of yr Excellency.
That Petr in consequence of the Sentence of said Court Martial reduced to the lowest ebb of misery being left with three Children wholly destitute of support and utterly unable to procure a livelihood unless your Excellency shall be graciously pleased to order her said husband to be liberated-
That from the known humanity of yr Excellency Petr has been induced to walk from New Geneva aforesaid being a distance of 90 Miles to lay her case before your Excellency and humbly presume to mention that should said husband be restored to his Family he can procure good Security by Recognizance for his future Loyal and peacable behaviour.
May it therefore please your Excellency to take Petrs case into Consideration and order her said husband to be liberated (?) and such your Memorialist prays
Elinor Hayes.


Conclusions from the above petitions

Michael was court-martialed a year after Wexford Town was retaken, so he was very lucky not to share the same fate as Bagenal Harvey, Colclough, Grogan etc., as most of the executions of the rebel hierarchy took place in Wexford Town immediately after the fight was lost and hasty trials conducted.

His petition indicates he was ordered by Dr. Ebenezer Jacob to give the Oath to Jacob’s servant for his protection against the excesses taking place in the town. Jacob was Mayor of Wexford Town prior to the Rebellion, and, being one of the liberal Protestants, agreed to continue in the role after the capture of the town by the rebels. When the rebel hierarchy were facing imminent defeat and the recapture of Wexford Town, they made a deal with Lord Kingsborough and Dr. Jacob, for the protection of the citizens of the town in return for their peaceful surrender. Hayes stated that his possession of the Oath was “casually procured in the Rebellion”. That explanation sounds unlikely, and was obviously dismissed at his trial.

It is difficult to determine whether Michael was guilty of being part of the United Irishmen Society, or whether, like Jacob, he agreed to help and be part of the Republican Committee for Public Safety, to help protect the Protestant and Loyalist elements in the town. One of his supporters on a petition, Thomas Richards, signatory to the massacre survivor’s petition, was a Loyalist and Wexford Magistrate who was also persuaded to serve on the committee for public safety. Before the rebel armies surged into the town, the British garrison stationed in Wexford Town sent Richards to the rebel camps at Forth Mountain to try and negotiate terms. 
Like Laurence, before the rebellion began, Michael may have been a reluctant participant forced to go along with the sweeping tide of rebellious fever, but as his evidence given at the trial of Philip Hays reveals, once the rebellion was in full swing, Michael and Laurence both became fully committed, and were actively involved. As with Thomas Cloney, they all tried to downplay their actual involvement, during the trials that would determine their fate. One will never know if they were taking part in the clandestine meetings held by the rebel leadership of the United Irishmen in the years preceding the outbreak.

The authorities appear to have been desperate for convictions to remove anyone in leadership roles during the rebellion from the country permanently, to prevent a resurgence of hostilities; and charges appear to have been applied despite highly unreliable primary witnesses and unsubstantiated evidence.

The petitions were all in vain. By the time they were considered in Dublin, the Friendship had set sail three days earlier on 24 August, arriving in Sydney Cove in February 1800, where Michael Hayes turned his hand at several occupations - publican, clerk, acting as factor, dealer, etc. (notably not farming)- and began a new life.

My grateful thanks to Mr L. Gilbert (a descendant of Michael Hayes and his son Richard Hayes) who has generously shared his extensive research with me


Looking at the charge sheet of some of those transported, the crimes were listed as:
Being a United Irishman; treasonable practices; having made pikes; suspicion of being a rebel or a United Irishman; possessing arms and ammunition; murder in the rebellion; acts of insurgency; being a leader of a rebel gang in Rebellion; suspected of concealing arms; suspected of seditious practices; rebellious activities; involved in unlawful practices against the state; having been sworn; suspicion of involvement in 1798 rebellion; being a rebel captain; aiding in murder; cutting down trees (to make pikes); harbouring and comforting rebels; tendering unlawful oaths; murder and house burning; fomenting rebellion; plundering the house of Mr __; being found at late at night singing treasonable songs and could give no account of himself; being an idle, disorderly and seditious person; being a United Irishman and a desperate villain; having concealed arms and being out at unreasonable hours; drinking seditious toasts; concealing arms for rebels; concealing pikes in his possession; horse stealing; etc. [xxxix]

Of all of the hundreds of thousands of participants in the rebellion, only about 600 to 800 would be transported to Sydney. As many of the ship indent lists do not specify crimes, and trial records were lost, the exact numbers of rebels can only be estimated. By 1802, Irish prisoners made up a quarter of the population of Sydney. Some of those sent to the Government Farm at Castle Hill, Parramatta would be involved in the 1804 uprising now known as the Battle of Vinegar Hill, in remembrance of the Wexford battle of the same name.

 “In January 1799, a third group of political prisoners- the seventy-six United Irish leaders who had signed the “Treaty of Newgate” with the Government- were still in custody, and still complaining bitterly about their treatment. The plan to ship them off to America had miscarried because President Adams regarded them as too dangerous to admit. Instead, most of them were packed off to a Scottish fortress- Fort George in the Highlands- for the duration. At the Peace of Amiens in 1802 they were allowed to banish themselves to France.” [xl]
A few of these men would return to Dublin in 1802-1803, and become involved in a second attempt at organizing a rebellion, known as Robert Emmett’s Rebellion.  However, the plans were quickly discovered, the rebellion foiled and the members arrested. Some of these participants were transported to Sydney. (NB Robert Emmett was the younger brother of Thomas Addis Emmett , one of the leading members of the United Irish Society in Dublin during the 1798 Rebellion.)


COLONIAL COURT  CASES  CONCERNING  IRISH  CONVICTS


CASE  OF  ESCAPE,  THEFT,  VIOLENCE  and  RAPE


FRANCIS SIMPSON per 'Atlas 2' (1802), from Galway aged 26- Rebel- Life
and PATRICK GANNON, per 'Atlas 1' (1801), from Meath, labourer, trial Spring 1801 as a Rebel- Life     (alias’- Gammon, Cannon, Cannen, Gannan)

Simpson and Gannon both executed Castle Hill 1803
T.J. Kiernan in Transportation from Ireland to Sydney 1791-1816, reported on the court case re Francis Simpson and Patrick Gannon, Pp 120-128, taken from the ‘Sydney Gazette’: 5 March 1803 p.3; 19 March 1803 pp.2,3,4; 26 March 1803 p.1 & p.4
On Tuesday the 15th ultimo, fifteen (thirteen) labouring men fled from the Agricultural Settlement at Castle Hill, after having committed many acts of violence and atrocity….They next proceeded to the farm houses of Bradley and Bean at Baulkam Hills. Mrs Bradley’s servant man they wantonly and inhumanely discharged a pistol at, the contents of which have so shattered his face as to render him a ghastly spectacle, in all probability, during the remainder of his life. In Mrs Bean’s house they gave aloose to sensuality, equally brutal and unmanly. Resistance was of no avail, for their rapacity was unbridled.  Numerous other delinquencies were perpetrated by licentious banditti, whose ravages, however, could not long escape the certain tread of justice.
Two of the depredators were taken into custody upon the second day after their flight near the Hawkesbury Road. Upon these men were found several articles of property that had been taken as were also two muskets. On the 23rd ultimo, eleven more were secured. Justice to the Prisoners at large in the Colony requires that we should here observe that this banditti is entirely composed of Irish prisoners, brought by the Hercules and Atlas.
Simpson and Gannon were found GUILTY- DEATH

The other 11 also found Guilty of feloniously entering houses of settlers and taking sundry items -Sentence Death- Sentences Commuted
viz.Lawrence Dempsey (Atlas 2, Cork, Life), Michael Woollaghan (viz. Houlahan, Atlas 2, Limerick, Life), Patrick Macdermott (Atlas 1, Meath, 7 yrs), John Lynch (Atlas 2, Dublin, Life), Thomas Shanks (Hercules, Down, 7 yrs), John Morgan (Atlas 1, either Meath 7 yrs, or Louth Life), Laughlin Doyle (Atlas 2, Baltinglass, Life), Timothy Malahoy/Mulch (viz. ?Timothy Mulcany, Atlas 2, Limerick, Life), John Brown (Hercules from Londonderry Life or Atlas 1 Limerick 7 yrs), James Conroy (Hercules, Louth, Life), Patrick Ross (Atlas 2, Limerick, Life)

NB. The rape victim was Rose Bean, the 17 year old daughter of James and Betty Bean of Toongabbie. The rape was perpetrated at the Bean home, reportedly in front of her mother. Rose would marry Thomas Dunn the following year, and their daughter Margaret married Laurence Butler’s son Walter Butler in 1825.


EXECUTION of Simpson and Gannon
On Tuesday last, the 22nd instant, Patrick Gannan, Francis Simpson and Patrick McDermot (per ‘Atlas 1’- Rebel), three of the criminals capitally convicted on the 16th instant, were taken out of the gaol between the hours of 8 and 9 in the morning and committed to the custody of the Provost Martial. They were then put into a boat by the wharf, and under a guard of constables, conveyed to Parramatta, where they were secured in the watch-house until the following morning, when the awful sentence of the Law was to be carried into execution.
At 8 o’clock on Wednesday morning the prisoners were again brought out, and in solemn procession, conducted to Castle Hill, a distance of about 8 miles, whither they arrived at half-past ten, attended by Rev. Mr Marsden. The fatal tree, which had been purposely erected near to the spot on which they had committed the offence for which they were about to atone, was half-surrounded by the Parramatta Detachment, formed semi-circularly.  At a proper distance stood a concourse of spectators, composed chiefly of the prisoners employed at Castle Hill, and places adjacent, orderly assembled, with their overseers. Mr Marsden with his usual fervour, emphatically administered the only consolation the unfortunate men were capable of receiving, the only balsam that could alleviated the agonies of reproaching conscience. At 11, the criminals ascended a temporary scaffold that had been erected on the end of the cart; and, when the executioner was about to drive away the vehicle, McDermot was reprieved. As soon as he descended, Gannan and Simpson were launched into eternity. The latter had behaved penitently during the whole of his commitment; but the former, as if insensible to the terrors of his situation, had conducted himself with unbecoming levity until the near approach of death, when he listened with much attention to the exhortation of the Minister, and we feel the highest satisfaction in adding, also died a penitent.
APOLOGY-ERRONEOUS STATEMENT of conduct of the Criminals prior to and at the awful period of their execution. Patrick Gannan it was who behaved himself with a penitence becoming his situation, but Francis Simpson died truly impenitent and hardened.



THE CASE OF CATTLE THEFT AND MURDER
IN THE COLONY OF NEW SOUTH WALES IN THE YEAR 1813

Involving Irishmen:
THOMAS MAHONY and JOHN MAHONY, and PATRICK MALONEY per ‘ATLAS 2’ (1802)
MICHAEL MURPHY and TIMOTHY HECTOR  per  ‘FRIENDSHIP’ (1800)
RICHARD BERRY alias BARRY  per  ‘ANNE’ (1801)
HUGH (Vesty) BYRNE and PIERCE CONDON  per  ‘TELLICHERRY’ (1806)
And
MATTHEW KEARNS per ‘NEPTUNE’ (1790), JOHN KEARNS the elder, free settler (1806), and JOHN KEARNS the younger (B.C.), son of Matthew Kearns


In 1813, a series of executions rocked the calm of the relatively peaceful colony of New South Wales, causing such dismay in the community that the Governor felt compelled to justify the actions publically.
A court case on charges of cattle stealing was reported in the ‘Sydney Gazette’, involving a number of Irish convicts from the ‘Rebel’ transports, ‘Atlas 2’, ‘Friendship’, ‘Anne’, and ‘Tellicherry’. The cattle were purportedly stolen from the Government Herd, and an example was to be made of the perpetrators as a deterrent to show the residents of the colony the dire consequences of being convicted of such crimes. The initial alleged crimes of cattle theft escalated to one of murder, and the lurid details of the Court cases were reported in the newspaper.

It should be noted, however, that the 'facts' presented in the following Court cases, are reliant on the reporting of George Howe, the publisher and editor of the 'Sydney Gazette', who only recounts the evidence and testimonies presented by the Crown prosecutors, not the defence cases or written defence statements presented to the Court on behalf of the accused. The original trial transcripts are in State Records NSW, and include a few witness testimonies on behalf of the accused, which are noticeably not reported in Howes article, which cast considerable doubt on the justification of the convictions of Mahony and the Kearns. Whether this was Howes' personal decision, or the report was subject to censorship by the NSW magistrates, the Judge Advocate, or even Gov. Macquarie, remains a mystery.
 (Ref: SRNSW, 2700 [5/1120]. Reel 2390, p.337- No. 2, Court of Criminal Jurisdiction, The Honble Ellis Bent [Judge Advocate] NSW 1810-March 1813)

Sydney Gazette’, Saturday 13 March 1813 page 2:
Court of Criminal Jurisdiction
Richard Berry and Patrick Maloney were indicted, Berry for feloniously stealing 2 cows, value £56, and 2 heifers, value £68, the property of the Crown; and Maloney for feloniously aiding and assisting in stealing and driving away the same. Michael Murphy and Eleanor Lawler were at the same indicted for feloniously purchasing and receiving one cow and one heifer, part of the above; of which offences all were found Guilty. Berry and Maloney- Death.
Timothy Hector was next put to the bar with Richard Berry and Patrick Maloney, and with them indicted for stealing and assisting to drive away 6 cows, value £168, and 6 heifers, value £168, the property of the Crown; and Michael Murphy and Eleanor Lawler were also again indicted for purchasing and receiving 4 of the said heifers, and four of the said cows, knowing them to be stolen- All Guilty.   Hector, Berry, and Maloney- Death.
Michael Murphy and Eleanor Lawler were now withdrawn from the bar;
and Richard Berry and Patrick Maloney, together with Hugh Byrne, settler, and John Marney (sic Mahony), a stock-keeper, were indicted, Berry and Maloney for stealing, and Byrne and Marney/Mahony for aiding and assisting in stealing and driving away 4 cows, value £112, the property of the Crown. All Guilty- Death

Two weeks later, the ‘Sydney Gazette’,  27 March 1813, pages 2,3,4 reported:
The prisoners who had been capitally convicted for the cattle theft were also brought forward to receive their awful sentence. They were five in number: namely Richard Berry, Patrick Maloney, Hugh Byrne, Timothy Hector, John Mahony (brother of Thomas Mahony who was sentenced to be executed for the murder), and Richard Osborn. This painful duty was prefaced by an address to the prisoners from the Judge Advocate, which was persuasive, solemn and affecting. The crimes of which they had been convicted, he observed, were all of the same kind, and from the extent which they had proceeded, it was evident that all security would be at an end if they were not effectually repressed; and to this end example had become necessary. In the Mother Country the Legislature had wisely provided for the security of cattle by making the stealing of any such a capital offence; In this infant Colony, where they constitute a property so very valuable, and where the proprietors have not the means of sufficiently providing for the security, that object was the more important, and, consequently, was entitled to every aid which the Law could afford it. A combination had however been formed for the purposes of depredation, and in its direful consequences had produced offences of the blackest hue- Perjury and Murder! The development of these offences, with their melancholy consequences, were likely to form a remarkable era in the history of this Colony, and it was devoutly to be hoped the page of record would never more be sullied by so foul a blot. The address concluded with an exhortation to the criminals, and Sentence was pronounced.

Despite all being capitally convicted, only two would pay the ultimate penalty, Richard Berry and John Mahony. All of the other capital convictions were commuted to transportation to the penal colony of Newcastle, and all other prosecutions dropped. The report continued:
The learned Gentleman then addressing the auditory, expressed the most sincere regret at the necessity that had unhappily called forth these prosecutions, which were nevertheless designed, not for the punishment of the past, but for the prevention of future crimes by so necessary an example- What had been already done against the persons implicated in the crime of plundering the Government herds, had on the part of Government been deemed sufficient; and it had been the pleasure of His Excellency the Governor humanely to direct, that such prosecutions for offences past should now cease. Those who had been unhappily deluded into that error might therefore lay aside their apprehensions, but duly would appreciate, he hoped, the clemency that had afforded them relief, and sin no more.

The ‘Sydney Gazette’, 3 April 1813 page 2, simply reported on the executions:
On Wednesday Morning last, a little after 8 o’clock, Edward (sic- Richard) Berry and John Mahony were executed.
The reason why these two in particular were chosen to be made an example of is not explained, but Mahony’s selection for execution may have been influenced by the following murder case which involved his brother Thomas Mahony.

The extraordinary murder trial reported in the ‘Sydney Gazette’ on the 27 March was entitled: Trial for the Murder of Joseph Sutton, the chief Crown witness who was gunned down on 5 March 1813 in Parramatta at 8:45 pm. The report covered two and a half pages of the newspaper, the 'Sydney Gazette’,  27 March 1813, pages 2,3,4, which reflects the gravity of the story.

Several witnesses gave detailed testimony of the planning and execution of the murder of Joseph Sutton, a Government stockman, to prevent him giving evidence against a number of accused cattle thieves, including those listed above. It was stated that Sutton was lured to Parramatta by Eliza Plumb so that Pearce Conden (als Pierce Conden/Condon), William Lewis and Thomas Mahony could shoot him. 

In a basic summary, the murder occurred in Parramatta at 8:45pm outside the fence around the premises of Edmund Wright. The perpetrators had spent weeks planning the murder before they finally succeeded in its execution. The victim, Joseph Sutton, who was going to Sydney the following day to give evidence at the trial of several charged with cattle theft, was lured out at night to visit Eliza Plumb who was staying at the Wright's premises, along with Pearce Conden. Conden had arranged for William Lewis and Thomas Mahony to meet him near Wrights to carry out the murder, in order to prevent Sutton giving evidence. When Sutton announced his arrival at the premises, Conden took his firearm outside and either shot Sutton himself, or gave the firearm to Mahony who shot him in the head. They hid the firearm in the privy, and Conden went to bed while Mahony supposedly made his way 15 miles back to his residence. Neither Plumb nor Conden came out to view the body when Rev. Marsden and the local residents all poured outside to view the ghastly scene, which led to suspicion and arrest for murder. 

William Lewis and Eliza Plumb, the wife of another of the imprisoned cattle thieves, gave damning testimony that resulted in several capital convictions and subsequent executions, including Thomas Mahony (the brother of convicted cattle thief John Mahony) who was accused of pulling the trigger, and Pearce Conden who was accused of concealing the firearm and assisting the murder.
The trial also controversially involved a prominent farmer and shrewd businessman, Matthew Kearns, his brother and eldest son, both named John Kearns, who were all found guilty of inciting, aiding and abetting the murder of Sutton and sentenced to death. Matthew Kearns, an emancipist who had arrived in the Second Fleet (an Irishman, although convicted of theft at the Old Bailey, London), was the proprietor of ‘The Faithful Irishman’ inn opposite Laurence Butler’s premises in Pitt Street, and was in partnership with Sgt Thomas Whittle in a butchery business near Butler’s. He owned several properties in Sydney as well as owning and leasing considerable farming and grazing lands in the area between Parramatta and the Hawkesbury River settlement at Windsor, and Nepean near the juncture of the Nepean and Grose rivers. John Kearns the elder, a free settler who had arrived in 1806 on the ‘Porpoise’ with Bligh, was also farming in this area.

Matthew Kearns had been under arrest for cattle theft when he was accused of ordering the removal of Sutton, and in a written statement to the court, had ‘disavowed any knowledge of the conspiracy against the life of Sutton, and that as a man of considerable property, could have no inducement to commit the crimes he had been charged with’. His brother and son were not accused of cattle theft, but were subsequently charged with the same crime as Matthew, viz. ‘inciting, moving, aiding, abetting, counselling, hiring and commanding the said Thomas Mahony and Pearce Conden to commit the said murder’. Their alleged complicity in the murder relied entirely on the testimony of two unreliable witnesses who were trying to save their own skins due to their own personal involvement in the planning and execution of the crime, and who, notably, escaped criminal charges. It is not feasible to explore the trial in detail here, due to the complexity of the trial and the many questions arising from the possible coercion of the witnesses by the prosecution, the inconsistencies in the testimonies, and the almost farcical sequence of events leading up to and following the murder plus the number of perpetrators purportedly involved in the execution of what would seem to be a rather simple assassination. Suffice to say that nearly all of those capitally sentenced in the cattle theft and the subsequent murder cases were noticeably Irish, while several English accused cattle thieves in separate prior court cases were found Not Guilty, and the English witnesses, William Lewis and Eliza Plumb, both heavily involved in the planning of the murder who then turned state’s evidence, were not charged with complicity. Another English Crown witness was the wife of Edmund Wright (also found not guilty of receiving stolen cattle), outside whose premises the murder took place and where Conden occasionally resided as a boarder and hid the firearm, and had frequently met with Eliza Plumb during the previous month, which Mrs Wright described as appearing ‘very intimate’. Notably Eliza’s imprisoned English husband, Thomas Plumb, was previously found Not Guilty of two charges of cattle theft (in one of which, his co-accused, John Osborne and the receiver of the cattle, James Harrax were found guilty), and was subsequently discharged from a third charge at this trial. As the Judge Advocate stated: the unhappy destiny that had befallen Sutton had deprived the Crown of the principal evidence against him, and on that account it would be in vain to proceed with the trial
Why this same principle did not apply to the other accused and convicted cattle thieves is not addressed.
When questioned by the prisoners, Eliza Plumb said she was giving evidence "for the sake of publick justice", and that she "was not promised any reward for giving information; that her husband is in gaol, but I am not promised my husband's pardon for giving evidence this day; that I was not greatly displeased with Sutton swearing against my husband, I know that Sutton could not affect my husband more than others. I do not mean for the Court to understand that I was pleased with Sutton's having given evidence against my husband. I do not recollect that I ever mentioned to any person that I would be revenged of Sutton for his having sworn against my husband." Her detailed evidence and her husband's subsequent release from his charges for cattle theft, plus her complicity in the murder would suggest otherwise.
  
The controversial ‘flogging parson’ and Magistrate, Rev. Samuel Marsden, who just happened to be visiting the ill James Harrax (viz. the man found guilty of receiving the cattle and sentenced to Newcastle in July, see above, so Harrax was not at death's door requiring a visit from a minister), only 50 yards from the murder scene, attended to the dying Sutton. Marsden's presence so close to the murder scene appears to be very suspicious, as rumours had been spreading of the threat to Sutton's life for about a week prior. Eliza Plumb even stated that when she saw Sutton the day of his murder, he had seemed low spirited and said he had had some conversation with his brother which had taken a great effect upon him, that he has a mind to go into the Bush and not go to Sydney at all (to testify). Was Marsden there, trying to extract information from Harrax, or was Harrax voluntarily providing information to Marsden? Was Marsden waiting to see if anything would happen that particular night, acting on leaked information? 
Harrax was an English emancipated convict transported in 1797 and was a Government building contractor in the Parramatta area. In January 1813, he was the Contractor for Public Roads and had just finished repair work on St. Johns at Parramatta, so probably had an association with Marsden.
Marsden was renowned for his hatred and distrust of all Irish Catholic convicts and emancipists, and appears to have been the chief investigating officer of the cattle theft crimes in the Parramatta to Windsor District, according to Governor Macquarie. His testimony against Kearns was also damning. When asked about whether ‘others were as equally criminated in the cattle theft as Matthew Kearns’, his reply was that “while there were others implicated by Sutton’s testimony, not equally with Kearns, as more cattle had been found in his possession than in the proportion of three to one in any other accused person’s”, despite his allegation not being proven in a court. Marsden did not supply a plausible reason for the wealthy Kearns to have needed to steal cattle when he made that statement.
The only record yet found says Kearns was charged with ‘stealing one heifer’ with Timothy Hector, from a neighbour, George Salter, and they were found Not Guilty of that charge in January. The witnesses testimony given in that case, (recounted in Michael Flynn’s “George Salter and His House 1796-1817: Research Report”, Jan 1994, p8+), reveals that the privately owned herds in the Parramatta area regularly intermingled, and were difficult to separate, and that this un-branded heifer had joined Kearns’ herd when it mixed with another neighbour’s herd. None of the witnesses at the trial accused Kearns, or Hector who was working for Kearns as a stockman, of deliberate theft, nor did Salter provide any clear evidence of theft, and as a result, both were found Not Guilty. William Lewis testified that he "recollected the time when some horned cattle claimed by Government were taken from Kearn's farm at the Race Ground". He further claimed that the Kearns had desired him to swear to the bullocks and swear false for Mathew Kearns in return for a piece of ground at the mountain farm and their best cow, and that he had refused. Witness William Cox Esq stated that he had seen Lewis riding near Windsor on the day of the murder and when questioned Lewis had revealed that he had been subpoenaed to testify at Mathew Kearn's upcoming trial for cattle theft. So, although the details are not yet known, it would appear that further charges of cattle theft had been laid, resulting in Kearns’ imprisonment in February/March and not heard due to the more serious charges - he was not named among the group of accused cattle thieves, including Berry, Hector, Maloney, Mahony, etc., capitally convicted in the cattle theft case on 13 March. However, when the Court asked Marsden if Kearns was one of the prisoners committed to take his trial before this Court on charges of cattle stealing, the answer was in the affirmative. The week after the murder trial, Macquarie made a public statement concerning the case, praising Rev. Marsden’s role as a Magistrate in the prosecutions:
His Excellency the Governor embraces this Opportunity of returning his most sincere thanks to the Rev. Samuel Marsden, Principal Chaplain of this Territory, for his able, firm, and unwearied Exertions as a Magistrate, in exposing and bringing to Light these most extensive and systematic Depredations, in Spite of the numerous Difficulties which represented themselves, and the Mystery in which they were at first involved: to which Exertions, He is happy to express his Assurance, that the Punishment of the Offenders, and eventually the more effectual Protection of every Description of Property, is principally owing.
Macquarie continued, requesting that ‘Mr Cox, resident Magistrate at Windsor, will accept His sincere Acknowledgements for the able and cheerful Assistance rendered by him to Mr Marsden on this Occasion’. (Sydney Gazette, 3 April 1813).

The ‘voluntary’ confession of Pearce Conden (also ‘Pierce Condon’- overseer to Kearns) after he was taken into custody on suspicion of the crime of murder due to his close proximity to the crime scene and the discovery of the weapon which was identified as his, went on to state:  
that about three weeks before the perpetration of the murder (ie. mid-February) he went into the gaol in Sydney to speak to his employer, Matthew Kearns, and was called aside by several persons who were also in confinement on the charge of cattle stealing, one of whom remarked that the death of Sutton would save many lives. Eliza Plumb was present, said she could get him to accompany her wherever she pleased, but he (Condon) refused to take any part in such a transaction. Eliza Plumb went with him to Parramatta and remained with him for two nights. He met her about nine days later where she mentioned the killing of Sutton and she would provide two men for the purpose, if he (Conden) would give up his firearms kept in his cart. When he again saw Eliza Plumb, she told him she had two men in readiness, Thomas Mahony (the brother of one of the accused cattle thieves) and William Lewis (one of the Crown witnesses). When he communicated the business to Mahony he remarked that it was bad to have a woman concerned in it.
Lewis was to have a cow as his reward. Nine or ten days before the murder was effected they went to a place whither Eliza Plumb was to have conducted Sutton for the intended purpose, but neither he nor her appeared, though she afterwards told him they had been there. He, Conden, twice went to Prospect to meet her, and he also made an appointment for Lewis and Mahony to meet him at the stockyard at Parramatta. On the night of Friday the 5th instant, he, Conden, loaded the pistol at Wright’s with two large slugs, and a little after bell-ringing met Mahony and Lewis near the place. He asked if they would know Sutton if they met him, and Mahony replied “Yes: I know him very well and will do him if I come up to him”: and further declared that he would have no hand in it unless they should also kill the woman. He returned to Wright’s and while speaking to Eliza Plumb, a stone struck the house; and she said she was sure it was Sutton. He went out and seeing Sutton asked if it was him and was answered that it was. He, Conden, ran immediately and informed Mahony that he had seen Sutton near to Wright’s paling. He instantly returned and tapped at the skilling window. Eliza Plumb handed the coat and pistol to him, and proceeding towards the place where Sutton was, in 2 or 3 minutes the pistol was fired. He, Conden, then threw the coat into his cart in Wright’s yard, and went in to bed; but Mahony acquainting him at the window that the pistol was in the cart, he got up again, went out, found the pistol, and threw it into the place where it was afterwards found (ie the privy). John Kearns the elder and the female servant at the farm were acquainted with the whole of the business, but he had never conversed on the subject with M. Kearns or his son.

This confession directly implicated some of the imprisoned cattle thieves, but not his employer Matthew Kearns, in the initial suggestion of the murder plan, and two of those he named in the conspiracy became the prime prosecution witnesses, Eliza Plumb and William Lewis, and were noticeably not charged with their roles in this crime.
The testimony of Lewis in particular, implicated the two John Kearns in urging for Sutton’s demise. The testimony of Eliza Plumb would appear to implicate Conden as the person who carried out the shooting, while Conden blamed Mahony.

The newspaper report continued:
On the part of (Thomas) Mahony, an alibi was set up, but not supported; and the defence of the prisoners, generally rested on the denial of the charge.

Strangely, Howes did not report this testimony supporting Mahony's alibi. Robert Fitz, Esq. a local magistrate, gave a cautious alibi to Mahony, as well as some damning evidence against William Lewis.
Thomas Mahony is in my employ for five years. Thomas Mahony returned from the Nepean Farm with a load of barley rather before sunset on Friday the night of the murder. During the time he has been in my employ he has been an exceeding well behaved man. My farm is 15 miles from Parramatta. Mahony sleeps on my farm, in a hut about 100 yards from my house. I saw Mahony soon after sunrise the next morning- I did not observe any alteration in him then, not until he was taken by the constables. His alarm did not appear to me to be that of guilt.
Samuel Coates/Coady testified that he saw Mahony at Mr Fitz's near sundown, walking towards the labourer's hut and he seemed as if he was going to his house.
A third witness, James Flaharty (who shared the hut) stated that Mahony lay in the same room with him the night of the murder, and to the best of his knowledge Mahony and he went to bed in one room about 7 or 8 o'clock, and that he woke Mahony the next morning just after day-break. And that there are no horses on Mr Fitz's farm but Mr Fitz's riding horse.
Robert Fitz was called again, and stated that his employee Flaharty was an unreliable witness, but he did confirm that from the circumstance of his horse having a sore back, he did not think Mahony took his horse to ride to Parramatta on the Friday night as he thought he should have observed it if he had.
It is possible that Mahony walked the 15 miles (25 kms) back to Fitz's farm after the murder. But, he could not have walked to the murder scene in sufficient time. He was seen by two witnesses just before sunset which, in early March is about 6:26 pm (EST), and the murder took place about 8:45 pm. With an average walking pace of 3 miles per hour (5 kms /hr), in the dark (a very dark night according to Lewis) along a rough dirt track and through the bush, it would have taken him between 4 and 5 hours to walk that distance. So, either he obtained a horse, or he was not present. As Fitz's farm where Mahony lived was next to Kearn's Racecourse Ground farm, it is possible he may have 'borrowed' a horse from the paddock, just as Lewis claimed he had done. 
It is therefore probable that Mahony did not turn up for the planned rendezvous and was in bed at the time of the murder, causing Conden to have to commit the foul deed himself, who then took his revenge on Mahony by implicating him. However, Lewis' testimony  corroborates Conden's in stating that Mahony was present.
These alibis were obviously discounted by the Court which relied on Lewis and Conden's testimony about Mahony. With his younger brother’s charge of cattle theft possibly hinging on Sutton’s testimony, he had motive. Mahony's reaction in the court where he fainted does raise questions. Was he so sure of his ability to clear his name, that he fainted when he realised his alibis were not being taken seriously?

The conniving, and pregnant, Eliza Plumb also had motive to save her husband, but as Thomas Mahony had forecast, “it was bad to have a woman concerned in it,” particularly this woman. Sutton, in witness protection, had been residing with the local constable for about six weeks before the cattle theft court case, and the constable’s wife stated that Eliza had visited Sutton several times in the previous weeks (staying with Sutton at night), and was with Sutton on the day he was murdered, and that when Sutton had gone out that evening, he told her that Eliza was to visit him between 8 and 9 that night, which was shortly before he was shot. So her fingerprints were all over this murder. She not only set up one close acquaintance, the unfortunate Joseph Sutton, she also appears to have manipulated another supposed friend, the hapless Conden, both with sexual favours according to witnesses. Plumb directly implicated Matthew Kearns by telling the Court that, on an occasion when she visited her husband in gaol, Kearns had spoken to her, saying, “I understand you have a great influence over Joseph Sutton:-there are a great many lives depending; and it would be a great pity but he could be put out of the way,” and it is this testimony on which the prosecution largely rests. However, one witness called to give evidence was Daniel Cubitt, Keeper of his Majesty's Gaol at Sydney, who stated that Mathew Kearns had been allowed to go about the gaol during the part of the time he was in custody, until the 8th of February (nearly a month before the murder) when Cubitt received orders not to allow Kearns to have any communication with anyone except in presence of a Constable. He qualified that by saying, if Kearns did go out after that into the lodge of the Gaol or rooms of the Gaol, it was against the orders he gave to the Constables, but such a thing might have happened.

William Lewis, implicated in the crime by Conden’s confession, backs up Plumb and Conden’s testimony, telling the Court that Conden and Kearns’ brother and son had visited him and urged him to help Conden and Mahony to kill Sutton, and that when he initially refused they threatened to shoot him, so he agreed to help.
The witness, Robert Fitz Esq  revealed to the Court that Lewis was formerly a tenant of Mathew Kearns, and that there was an unsettled account between them for the payment of the greater part of which he became responsible. Very high words passed between Kearns and Lewis on that occasion. I have heard him express himself in terms of revenge of Kearns and his family. It was about this time twelve months I heard Lewis use expressions of revenge against Kearns and his family- I can't charge my memory with the expressions. It was rather that Kearns deserved to be hanged, or that he would hang him. They were used in Kearn's presence at his house.

When questioned, Lewis explained that he did not bear malice against Kearns of his family; that he had been a tenant for three years to Kearns who sold him off in consequence of not paying rent, more than 12 months ago; he did not blame the man for that; that he never did in his life express himself in terms of revenge to Peter Hough or any other person of Matthew Kearns or his family; that he had done more than any man in the Country for Matthew Kearns. Hough, when questioned, corroborated that he "couldn't recollect Lewis expressing himself in terms of revenge of Kearns, but he has often been in a passion with him and said he was rather severe, but nothing of any consequence".
Fitz also described John Kearns the elder, whom he had known for seven years, as a very quiet inoffensive man and had no reason to say that he had found him dishonest.
The fact that there had been some animosity between Lewis and Kearns, and that Lewis was about to give testimony at the upcoming trial of Kearns, it defies logic that the Kearns family would call on him to help them murder Sutton, unless they wanted to implicate him in the murder to prevent him squealing at the cattle theft trial. Why Lewis was not on the hit list equally with Sutton, is unexplained. His testimony against Kearns was just as damning.

Lewis gives a detailed account of the night of the murder whereby he states that he joined Conden and Mahony near Wright's house, and was posted at one end of the Wright's fence, that after he heard the shot, he had hidden under the nearby bridge for two hours before riding home as fast as he could.

Lewis also told an incredulous tale that Kearns, a shrewd businessman, had written an incriminating letter from gaol urging them to get the deed done as time was running out. No letter was produced to back this ludicrous allegation. While it is conceivable, that, having become aware of the planned murder, the Kearns may have shown particular interest in the outcome, but as mature and intelligent men, they would also have understood that suspicion would fall directly on all of those who would benefit from Sutton’s removal. Conden’s detailed confession explicitly did not implicate Matthew Kearn’s involvement in the plot. The whole prosecution case against the Kearns relies on the unreliable testimony of two highly suspect individuals with extraordinary motive to pass the blame for their involvement onto someone else. 

As to Samuel Marsden's contribution towards these convictions, one can only speculate as to how much influence he exerted on the witnesses and the subsequent convictions of the Kearns, despite the highly suspect testimonies and circumstantial evidence produced.

At the end of all the witness testimonies, the Judge Advocate and Members of the Court withdrew to consider their verdict, and returning to their seats, all prisoners, Pearce Conden, Thomas Mahony, Matthew Kearns, John Kearns the elder, and John Kearns the younger, were pronounced Guilty and received sentence of Death.
The Judge Advocate summed up the proceedings: the testimony upon which they had been convicted was such as to leave no doubt whatever of their guilt of a most atrocious murder, which had been pre-meditated and planned with incredible deliberation, for no other purpose than to deprive the Crown of the testimony of the deceased, and this by the greatest crimes to elude the laws by which we are protected. Without directing his observations to any individually, he should declare that they had all in this inhuman transaction evinced a capacity to plan, and a resolution barbarously to execute the most atrocious suggestions of a depravity, which happily for mankind, seldom had been equalled. The Laws of God and Man imperiously command that the murderer shall suffer death: “ for whoso sheddith Man’s blood, by Man shall his blood be shed!”. It therefore was the sentence of that Court that they should immediately be returned to prison, and on Wednesday the 24th instant taken to such place or places of execution as should be appointed, there to be hanged till dead, and their bodies, when dead, to be dissected and anatomized.

The executions were reported in the same newspaper:
On Wednesday morning, between seven and eight o’clock, Matthew Kearns, his brother John Kearns the elder, and his son John Kearns the younger, were taken from the gaol, and were by their own request permitted to walk to the place of execution, where they suffered death, and were afterwards given up for dissection, pursuant to their sentence;
and at four o’clock the same afternoon, Thomas Mahony and Pearce Conden were executed at Parramatta, as near to the spot where the late unfortunate Joseph Sutton was murdered as possible. Conden died penitently, declaring aloud to the spectators in his last moments that his fellow sufferer (Mahony) was the identical man who shot the deceased with the pistol he had given to him. The other, with truly lamentable indifference contradicted his dying declaration, and unhappily appeared but little affected by the dreadful situation in which his crimes had placed him. A little after four they were launched into eternity, and their bodies, when taken down, were also given for dissection.

Governor Macquarie felt compelled to comment on the trial and executions the following week in the ‘Sydney Gazette’, 3 April, page 1. The controversial executions, particularly of the well-known and respected Kearns, must have caused some rumblings and dismay in the community, which he felt needed clarifying. Calls must have been made to commute the sentences of the Kearns, probably on the basis of the highly circumstantial hearsay evidence from unreliable witnesses, to which Macquarie said, in part:
The Governor feels himself called upon, by peculiar Circumstances attending the late Executions, thus to publically declare, that it is His firm Resolution, from which no Considerations shall induce Him to depart, never to wrest any Persons, whatsoever, convicted of so foul a Crime as Wilful Murder, from the Punishment which is awarded by the Laws of God and Man!- To this Resolution He is moved by a strong Sense of Public Duty, and of the sacred Nature of the Trust reposed in Him for the Benefit of the Community:- In a conscientious Discharge of that Duty, and Execution of that Trust, he hopes he shall ever find Consolation for those painful but necessary Exertions which Public Justice may require at his Hands.
The Depredations which have been so long and so extensively committed on a very important Branch of the Property of the Crown; and which, in the vain Hope of Immunity from the punishment due to such Transgressions of the Law, have been followed up by Crimes still deeper and more pernicious; by the most iniquitous and alarming Combinations, calculated at once to evade Justice, and to intimidate Magistrates in the Exercise of their Functions, by Violence, by Perjury, and by Murder, have rendered the full Execution of the Sentence of the Law, upon two of the several Criminals who have been convicted, a necessary Measure for future Security, and for the Terror of other evil-disposed Persons- The Punishment which has so speedily visited the Authors of those Crimes will be the best Guard against the repetition of Them.
In the Hope that Public Justice is satisfied by the Examples recently made, The Governor, whose principal Object in the Institution of the late Prosecutions has been the Prevention of similar Offences in future, now declares that it is His Intention to forebear instigating any further Enquiry into Offences of this Description committed on the Property of the Crown prior to the Date of this Notification.
Questions arise on Macquarie’s reasons for only hanging two of the cattle thieves, while showing ‘mercy’ by commuting the sentences of the remainder of those convicted to transportation. It would have been provocative enough hanging two cattle thieves, but to hang five, plus another five for murder related to the same case, and nearly all Irish, may have pushed the tolerance of the community too far, especially Hugh Byrne which really could have ignited the Irish into a conflagration. Macquarie needed to set an example to the rest of the colony that cattle theft would not be tolerated in the future, without it looking like a vendetta against the Irish community. According to author Michael Flynn, the cattle theft trials prompted Macquarie to initiate a complete overhaul of the system of superintending the government cattle herds, as many of those convicted of cattle theft were stockmen.

A travesty of justice, and a tragic tale for all those involved.

(My grateful thanks to Greg Vivian, a descendant of Matthew Kearns, for sharing his extensive research on these events)


NOTES ON THE ACCUSED

(Sources: State Records NSW- Colonial Secretary's Papers; 'Convicts to NSW' DVD pub SAG; Convict Musters of NSW 1805/6 and 1811; Selection of Reports and Papers of House of Commons V. 51- Trials & Verdicts in NSW from 11 Feb 1811 to 31 Oct 1817; Atlas 2 Indents;Lynette Ramsay Silver, The Battle of Vinegar Hill: Australia's Irish rebellion,  Watermark Press, 1983; Anne Marie Whitaker, Unfinished Revolution, Crossing Press Darlinghurst NSW, 1994 )

Notably, of all of those capitally convicted of cattle theft, only two suffered the ultimate penalty, John Mahony and Richard Berry. Berry/Barry seems to have been the ringleader, but Patrick Maloney appears to have been equally guilty yet his sentence was commuted on 25 March 1813 (Col Sec Papers- Reel 6070; 4/7020 No. 21- per ‘Atlas 2’ 1802), and sent as a prisoner to Newcastle per ‘Estramina’ on 23 April, as were Hugh Byrne (No. 19) and Timothy Hector (No. 20).
Richard Osborne’s sentence was also commuted on 25 March (no. 22- per ‘Perseus’ 1802), but was sent to Newcastle as a prisoner per ‘Estramina’ on 21 July. He was not mentioned in the first trial reported, however, he had been separately charged along with Thomas Plumb with stealing 2 cows, yet significantly, Osborne was convicted, James Harrax convicted of receiving same (per 'Ganges' 1797- a building contractor; also sent to Newcastle per 'Estamina' 21 July 1813), and Plumb, the husband of the key Court witness, found Not Guilty; similarly,Thomas Plumb with stealing one heifer and John Austin receiving same, both found Not Guilty. Third charge against Plumb dismissed at murder trial. (NB Osborne and Harrax were the only two Englishmen convicted in this case)  
Eleanor Lawler (per ‘Marquis Cornwallis 1796, from Ireland) was on a list of prisoners to be sent to Newcastle per ‘Estramina’ on 3 June 1813, while Michael Murphy’s record has ‘6 Dec 1814- Prisoner at Newcastle’, so presumably he was also sent to Newcastle with the others.


As noted, nearly all of the accused and convicted were Irish convicts:

Patrick Maloney per ‘Atlas 2’ 1802, from Limerick , tried 1801, sentence Life
John Mahony per ‘Atlas 2’ 1802, from Wexford, trial May 1800- Life
Thomas Mahony per ‘Atlas 2’ 1802, from Wexford, trial May 1800- Life
Michael Murphy per ‘Friendship’ 1800, from the Rower near New Ross on Wexford/Kilkenny border, Court Martial trial 1799 for Insurrection, (see detailed section on Michael Murphy’s Court Martial further up in the chapter)- Life
Timothy Hector per ‘Friendship' 1800 from Limerick -Life for seditious practices
Hugh Byrne per 'Tellicherry' 1806 and cousin to Michael Dwyer- State Prisoner along with Dwyer.
Richard ‘Berry’- probably Richard Barry per ‘Anne’ 1801 from Ireland- Life Sentence for murder
Pierce Condon per ‘Tellicherry 1806, from Tipperary, Life for stealing a cow

THOMAS MAHONY, 26, and JOHN MAHONY, 22, per 'Atlas 2'-1802, from Wexford- brothers
Tried Wexford for their rebel activities in 1798, Life 
The 1811 Convict Muster had their trial date as May 1800, with ‘Que’ against John’s name (questioning the accuracy of the information).
1806 Convict Muster- Thomas Mahony was indented to T. Millwood, and John Mahony was working on the Government Farm at Parramatta.
1809- John Mahony, Stockman- removed from Hawkesbury District to Parramatta
1809, April- John Mahony- discharged from the Hawkesbury Stores as going to Parramatta
1813- John Mahony hanged for cattle theft

1809, July- Thomas Mahony- received rations from the Hawkesbury Stores
1813- Thomas Mahony -convicted of murder (Reel 6070; 4/1265 p.150)- hanged

PATRICK MALONEY,  per 'Atlas 2'- 1802, from Limerick, aged 25
Tried 1801, Life sentence (note- late arrival to the 'Atlas 2' before embarkation from Waterford- see Indent List); 
alias Malowney in later colonial records.
Of Wallis Plains
1806 Convict Muster- not listed, but two listings for John Maloney from Limerick, also from the 'Atlas 2', (possible brother or relation?, convicted in 1799, Life), one “Prisoner- Indented Capt Wilson”, the other “Prisoner- Govt Man Capt Wilson”. Both Patrick and John Malowney listed in the 1811 Convict Muster
1809, April- produce received from at the Hawkesbury Stores
1810, Nov 17- received rations from H.M. Stores at Parramatta
1813, March 25- Commutation warrant (Reel 6070; 4/7020 No. 21)
1813, April 23- on list of prisoners to be sent to Newcastle per ‘Estramina’ (Reel 6003; 4/3492 p.215)
1821, Nov 17- Petition for mitigation of sentence; as Molowney (Fiche 3209; 4/1863 p33)
1823, Jan 9- Memorial; as Molowney (Fiche 3068; 4/1835A No. 211 p333-4)
1823, Feb 18- on return of land cleared and other improvements made by settlers on Hunter’s River and Patterson’s river
1823, c, June- on account of maize due from settlers on banks of Hunters River to the Govt at Newcastle
1824, Feb 3- re permission to cut cedar
1824, March 6- applied for permission to cut cedar;
1824, June- convicts assigned to in the Counties of Northumberland and Durham
1824, Sept 21- evidence re William Adams servant to James Mudie, working on his farm
1825, Oct- Memorial
Convict to NSW has 'CP no.467', but not in list of pardons before 1819.

TIMOTHY HECTOR per 'Friendship'-1800, from Limerick
Trial- 1800 Seditious practices
1806 Convict Muster- Ticket of Leave- Rents 4 ac from Mr Palmer
1813, March 25- commutation warrant ( Reel 6070; 4/7020 No. 20)
1813, April 23- On list of prisoners to be sent to Newcastle per “Estramina” (Reel 6003; 4/3492 p215)
1819, Feb 20- paid from Police Fund as remuneration for house at Newcastle required for use of Government
1820, Jan 1- petition for mitigation of sentence
1821, Sept 8- messenger. On list of all persons victualled from H.M. Magazines
1822- sight restored by Simon Lear
1823, June 13- of Prices Street. On list of persons receiving an assigned convict
1823, Sept 11- messenger to the Commmissariat. Memorial
1825 January- Petition for mitigation of sentence
1825 Jul-Aug- on lists of prisoners applying for emancipation
1825 Oct 6- re Conditional Pardon

HUGH BYRNE per 'Tellicherry' -1806, from Wicklow
Cousin to Michael Dwyer, the 'Wicklow Chief' (mothers were sisters). 
Part of Dwyer's rebel gang who continued fighting in the Wicklow Mountains long after the rebellion was quashed, and who surrendered under terms of self-exile to America in 1803, but imprisoned in Dublin and transported to NSW as a State Prisoner in 1806.
1805, Aug 17- on list of convicts embarked on board the Tellicherry
1806, Feb 22- King to Marsden re transportation of Byrne and his four companions (viz. Michael Dwyer, Devlin, Mernagh and Burke) without convictions; and their status in the Colony
1809, May- on list of all grants and leases of land registered in the Col. Sec’s Office
1810, Jan 22- Memorial
1811, June 12- on list of persons to receive grants of land in different parts of the Colony as soon as they can be measured; at Airds
1813, March 25- Commutation warrant (Reel 6070; 4/7020 No 19)
1813, April 23- on list of prisoners to be sent to Newcastle per “Estramina” (Reel 6003; 4/3492 p215)
1811, 1 July- CP with Michael Dwyer, Martin Burke, Arthur Devlin and John Mernagh
1813, Jul 24- on list of persons indebted for stock issued from the Govt Herds between April 1810 and July 1813
1814, April 29- Lt Thompson, Newcastle returning Byrne’s petition
1815, Nov- on monthly return of prisoners punished at Newcastle
1817, Feb 11- to be returned from Newcastle to Sydney for 2 months
1820- of Airds. Memorial of his son Michael
1822- Petition for mitigation of sentence
1822, on lists of persons indebted to the Crown for livestock issued from the Govt herds and flocks
1822, Aug- signatory to petition objecting to the Commissariat’s new system of paying for supplies in Spanish dollars
1822, Aug- Memorial on behalf of his son Michael and claim for redress over impounding of his cattle
1823, April 17- Owen Meehan’s road gang employed to reap wheat on his farm in the Campbelltown District
1823, may 28- Re Wheat to be received from at the Liverpool Store as payment for reaping performed on his estate by clearing gangs
c.1824- Memorial
1824, March- of Bunbury- on list of persons receiving an assigned convict
1824, c. Sept- Of Airds- Memorial- re his petition for an additional land grant
1825, Jan 18- Memorial
1825, April 7- on list of persons who have received orders for grants of land
1825, Nov- to be granted a conditional pardon

RICHARD BARRY per 'Anne' 1801- from Cork, 
Trial March 1800- Life (Col Sec Papers have for ‘BARRY’- see also BARREY and BERRY)
Richard Berry, probably Richard Barry per ‘Anne’ 1801, crime described as “Robbery Mr Blackwood; murdering hog, a soldier”- Life Sentence. ('Convicts to NSW' DVD- pub. SAG).
“Convict Stockade” website has Richard Barry, per Anne 1801- Crime: Robbery of Mr Blackwood and murder of Flora Gold, with two others, Patrick and Redmond Ambrose  who were not transported.   
1806 Convict Muster: Prisoner- Govt Parramatta ; also listed as Barry in 1811 census
1813- executed for cattle theft

ELEANOR LAWLER per 'Marquis Cornwallis' 1796- from Limerick City, aged 25- 
Trial 1793- 7 years sentence
1800 Convict Muster- co-habiting with Michael Donovan at Parramatta with two children, Michael b.1797 and Mary b.1798
1806 Convict Muster- 'FBS employed by Michael Donovan, Parramatta';
1806 Marsden’s Female Muster- Concubine with 2 male and 2 female children
1809- Michael Donovan returned to England in 1809, he sold his property and settled £207  in cash on Lawler; she then took up with Murphy as her defacto.
1813, June 3- On list of prisoners to be sent to Newcastle per “Estramina” (Reel 6003; 4/3492 p233) - sentenced to 21 years
1814- birth dau Elizabeth to Michael Murphy (NB only dau. registered of four daughters- Honora, Jane, Eleanor)
1815, Jan 9- on list of prisoners to be sent to Newcastle per “Lady Nelson”
1816, Jan 16- absentee returned to Newcastle
1816, Aug 30- to receive a pass to travel to Sydney
1817, March 8- on list of prisoners to be sent to Newcastle per “Elizabeth Henrietta”
1820, Feb 7/17- re permission to marry William Burke (per Admiral Gambier- died 1823) at Parramatta
1822, Nov 29- of district of Prospect. Affidavit re loss of her certificate of freedom
1824, Feb 25- cohabited with late Michael Murphy on Prospect Road. Memorial re disposition of estate of Michael Murphy (see Murphy below)

MICHAEL MURPHY per 'Friendship' 1800- landholder from the Rower, near New Ross, Wexford/ Kilkenny border-
Life sentence- tried July 1799- court martial at Waterford for Insurrection (also see detailed section, including trial  at Waterford, above, on Michael Murphy)
1800 assigned to Michael Donovan at Prospect whose de-facto was Eleanor Lawler
1800 took part in uprising of August/Sept 1800 at Parramatta (plan for recently arrived Irish to overturn the government, putting Gov King to death and confining Gov Hunter. The rebels were to meet at and take Parramatta and then before daylight take the Barracks at Sydney, and dispatch a ship to France to pick them up); Murphy received 200 lashes and sent to Norfolk Island in Nov 1800, where he took part in the Xmas Day Rebellion 1800 with other United Irishmen including Farrell Cuffe (schoolteacher, per 'Minerva' 1800, and Peter Mclean per 'Minerva'). (Ref Ann Marie Whittaker, Unfinished Revolution, pp50-60)
? returned to Sydney and returned to Donovan (alias Dunnavan)
1806 Convict Muster- 'Prisoner- assigned Michael Donovan, Parramatta'
1808- on statement of capital advanced by John Blaxland in his concerns from April 1807 to Sep 1808
1809- co-habiting with Eleanor Lawler after Donovan returns to England
1809- granted 200 acres between Parramatta and Prospect on Prospect Road, used Lawler's money from Donovan to build a house, stock and improve the farm, leaving an overseer to run the property, and lived in Parramatta township, operating an inn in George Street (Donovan returned to England, settling £207 cash on Lawler for the keep of their children.)
1811, 1 July- CP
1811- of George’s River- received beer licence in Feb 1811
1813- sentenced to 21 years and sent to Newcastle
1814, Dec 6- prisoner at Newcastle- re pass for Murphy to return to Parramatta
1815, Jan 4- re remission of his sentence
1816, Jan 16- of Liverpool- on list of persons to receive grants of land in 1816
1816, June 22- on lists of persons to be issued with horned cattle from the Govt Herds
1819, April 30- of Liverpool. On return of persons indebted to Govt for cattle issued from the Govt Herds, to be paid in cash or grain
1819- Died, and buried at St John's Cemetery Parramatta 5 May 1819, aged 49
1824, Feb 25- of Prospect Road; former servant to Michael Donovan; co-habited with Eleanor Lawler. Memorial of Eleanor Lawler re disposition of Murphy’s estate (left his estate to Lawler's daughters, Honora, Eleanor, Jane and Elizabeth for equal distribution when they attained the age of 21).
1824, March 4- re executorship of his will- Lawler complained to governor that Murphy's executor had sold some of the sequestered property without her knowledge or permission, and she needed the money to raise her youngest daughters.

PIERCE/PEARCE CONDON/CONDEN per 'Tellicherry'-1806, from Tipperary, aged 44- 
Trial 1803 for stealing a cow, Life 
1805, Aug 17- on list of convicts embarked on board the Tellicherry
Not listed in 1811 Convict Muster
1812-13- on list of criminals convicted of murder and hanged

ANDREW FORD/FORDE- per 'Friendship' 1800- labourer from Kildare- 
Trial March 1799 for suspicion of treason and rebellion- Life
NB. Found not guilty of cattle theft in 1813, second trial, (charged with Wm Rushton and James Riley for stealing divers cows and heifers- all Not Guilty)
Not named in 1806 Convict Muster
1812, April 29- petition for mitigation of sentence
1817, Nov 29- Petition for mitigation of sentence
1821, Dec 31- servant of Francis Oakes of Parramatta. Permitted to proceed with cattle through the Cowpastures to County of Argyle
1823, March 12- overseer. Memorial from James Meehan
1823, March 24- to take charge of the grazing run of James Meehan

JOHN MULLONY/MALONY, per 'Atlas 2' 1802- from Limerick, aged 40
Trial in 1799, Life sentence
Atlas 2 indent- spelt Mullony; 1806 Muster spelt Malony; 1811 Muster spelt Malowney
1806 Muster- Prisoner- Government Man indented to Captain Wilson- possibly related to Patrick Maloney, also from Limerick- both spelt their names as Malowney in later colonial documents 
1809, Nov 4- Government watchman- evidence at inquest of Thomas Jones
1815- CP
1816, March 2- on list of prisoners received on board the “Kangaroo” at Newcastle; discharged 5 March at Newcastle
1816, May 5- John Maloney aged 4 on list of names of chn at school at Newcastle



THE CASTLE HILL REBELLION, or BATTLE OF VINEGAR HILL in 1804

(Ref: The Battle of Vinegar Hill: Australia's Irish rebellion, by Lynette Ramsay Silver, Watermark Press, 1983; "Convicts to NSW 1788-1812", DVD SAG; Anne Marie Whitaker, Unfinished Revolution, Crossing Press Darlinghurst NSW, 1994, pp88+)

This rebellion began on 4 March 1804, when Irishmen Philip Cunningham and William Johnston aimed to take over Parramatta and Sydney, and establish Irish rule. Several hundred convicts (official 233 rebels) at the Castle Hill Government Farm overpowered their guards, took supplies and munitions and raided nearby farmhouses. The story is so well documented, it will not be recounted here, but fifteen men were killed on the battlefield, and the following Irish convicts were hanged without trial by Major George Johnston who suppressed the uprising with the help of local loyalist volunteers. 
A further seven were sentenced to between 200 and 500 lashes and banished to Newcastle with a further 23 rebels.

Hanged 5-8 March 1804- (note, not all Irishmen):
Phillip Cunningham per Anne 1801- trial for fomenting rebellion in Ire-Life
William Johnson per Rolla 1803, trial Sligo, Life  (also Gibbeted)
Charles Hill per ? Royal Admiral 1792, trial Sussex, 7yrs (a freeman who maintained he was not involved)
Samuel Humes per Hercules 1802 from Antrim- Life
John Place per Glatton 1803, trial York, 14 yrs
John Neal per Atlas 1, trial Wexford, Life (age 20)
George Harrington per Glatton 1803, trial Hampshire, 7 yrs
John Brannan per Rolla 1803, Dublin, Life
Timothy Hogan per Rolla 1803- trial Dublin City, 7 yrs

Reprieved, detained at Governor's pleasure
John Burke ( Anne- 1801, Tipperary, Life)
Bryan McCormack (Atlas 2, Naas Co Kildare, Life)

500 Lashes, exile to Newcastle
John Griffin (Anne, 1801, Enniskillen Co. Fermanagh,Life)
Neil Smith (aka Smythe, Atlas 2- 1802, Dublin, Life)
Bryan Burne (aka Byrne, Rolla- 1803, Dublin City, 7 yrs)
Connor Dwyer (aka Cornelius Dwyer, Atlas 2- 1802, Limerick, Life)

200 lashes, exile to Newcastle
David Morrison (aka Morrisey, Atlas 2, 1802, Clonmel Tipperary, Life)
Cornelius Lyons (Rolla 1803, Cork City, 7 yrs)
Owen McDermot (Atlas 2-1802, Dublin, Life)

As many lashes as they could stand, exile to Newcastle
Bryan Riley (?Hercules-1802, Cavan, 7 yrs, aged 20 when transported; or Boddingtons 1793 AP 1800, settler at Toongabbie?)
Dennis Ryan ( Atlas 2-1802, St Francis Abbey Co Limerick, Life- aged 50 when transported)

23 Exiled to Newcastle (Coal River chain Gang), including
John Cavenah (Atlas 2-1802, Wicklow, Life; or Anne-1801, Life)
Francis Neeson (Rolla-1803, Dublin Co, 7 yrs)
__ Tierney (? Grimes Tierney, Atlas 2-1802, Limerick, Life; or Owen Tierny, Friendship 1800, Wicklow, Life)
Robert Cooper (? Barwell-1798, Berkshire, Life; or Hillsborough-1799, Berkshire, Life; or Calcutta-1803, Dorset, 7 yrs) 
Bryan Spaldon (Bryan Spollen, Brittania-1797, Westmeath, Life, AP in June 1803, an emancipist )

Also possibly: ( Whitaker's book p105-06)
William Ryan (Atlas 2, Limerick, Life)
Thomas Connell (Atlas 2, Tipperary, Life)
McCuen/John McKeown, (Atlas 1, Meath, 7 yrs)
O/Neel/John Neill (? ONEAL, Minerva, Monaghan, Life; or, Neal, Atlas 1, Wexford, Life)
William Cosgrove (Rolla, Dublin, 7 yrs)

Named by Joseph Holt:
Jack Byrne (Hercules, or Atlas2 or Rolla)
John Walsh (Minerva, Cork, 7 yrs; or, Friendship, Life)
Laurence Dempsey (Atlas 2, Cork, Life)
William Ralph/Rolfe (??)

34 placed in irons until they could be 'disposed of', some to Coal River (handwritten record difficult to read, according to Silver).
Owen Black (Rolla, Westmeath Life), Thomas Brodrick (Hercules, Tipperary, Life) , Brien Burn (?Barney Burn, Minerva, Roscommon, Life), Thomas Burne (? Royal Admiral, Lancashire, 7yr), Jonathan Butler (Atlas 2, Carlow, Life), Jonathan Campbell (Anne, Life), William Cardell (Rolla, Westmeath, 7 yrs), Nicholas Carty (Carthy, Rolla, Dublin City, 7 yrs), Thomas Connel (Atlas 2, Clonmel Tipp, Life), James Cramer (? James Crimmeen, Atlas 2, Limerick, Life), Peter Carey (Peter Carr, Atlas 1, Life), Andrew Coss (Andrew Cross, Atlas 1, Life), James Cullen (Atlas 2, Wexford, Life- settler on Norfolk Is. by 1806; or, Friendship, Life), William Day (Rolla, Dublin City, 7 yrs- 16 yrs of age), James Duffy (Glatton, Lancaster, 14 yrs), Thomas Gorman (Rolla, Dublin Co., Life), Edward Griffin (Royal Admiral, Devon, 7 yrs), Jonathan Griffin (Anne, Life), James Higgins (Hercules, Louth, Life; or Atlas 2, Tipperary, Life), Thomas Kelly (Anne, 7yrs; or Anne, Life; or Hercules, Wicklow, Life), Jonathan Moore (Atlas 1, Dublin, Life), Edward Nail (? John Nail, Royal Admiral, Southhampton, Life), Douglas Hartigan (? Dudley Hartigan, Minerva, Waterford, Life), Peter Magrath (Atlas 2, Limerick, Life), Jonothan Malony (?John Mullony, Atlas 2, Limerick, Life) , Joseph McLoughlin (aka James [Joseph 1811 Muster], Atlas 2, Mayo, Life), Jonathan Reilley (Rolla, Louth, Life), Jonathan Roberts (Royal Admiral, Norfolk; or, Minorca, Middlesex), Anthony Rowson (Barwell, Winchester, Life), George Russell (?? George Reynell, Atlas 2, Limerick Life), Richard Thompson (Calcutta, Lancashire, Life), Jonathan Tucker (? all in first three fleets?), James Turoney (???, James Turner, Coromandel, 1802, Sussex, Life??)



© B.A. Butler


Contact email:  butler1802 @  hotmail.  com (no spaces)

Link back to Introduction:
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-intro.html

Links to all the chapters in this blog:

The 1798 rebellion
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch1-1798-irish-rebellion.html
Laurence Butler's trial for his role in the Rebellion
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch2-butlers-trial_7.html
Analysis of Butler's trial
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-3-trial-analysis_7.html
Laurence Butler at the Battle of Tubberneering
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-4-battle-of-tubberneering.html
Laurence Butler's imprisonment
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-5-butlers-imprisonment.html
Butler's life and family in Wexford
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-6-family-and-life-in-wexford.html
Laurence Butler's transportation to Sydney in 1802 on the Atlas 2
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-7-transportation-to-sydney.html
Conditions on Convict Ships
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-8-conditions-on-convict-ships.html
Life as a convict in Sydney
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-9-life-as-convict-in.html
Laurence Butler's property investments in Pitt Street Sydney
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-10-butlers-property.html
Sydney Town in 1800-1810
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-11-sydney-town.html
Laurence Butler's petitions to the Governor
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-12-butlers-petitions.html
Laurence Butler's 100 acre land grant in District of Petersham
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-13-butlers-land-grant.html
Butler's membership of the Commercial Society of Sydney
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-14-commercial-society-of-sydney.html
Laurence Butler's court cases
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-15-court-cases.html
Laurence Butler's business interests in Sydney
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-16-butlers-business.html
Laurence Butler's cabinet making business
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-17-cabinetmaking.html
Laurence Butler's property investments in Sydney
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-18-property-investments.html
Laurence Butler's colonial family
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-19-butlers-colonial-family.html
Laurence Butler's death in 1820
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-20-butlers-death.html
Laurence Butler's issue- Walter, Lawrence Junior and Mary Ann
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-21-butlers-children.html
The Catholic Community of Sydney up until 1820
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-22-catholic-community-sydney.html
Genealogy- Butler's possible ancestry and possible descendants in Ireland, and BDM records
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-23-possible-birth.html
Butler's fellow Irish rebels transported to Sydney
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-24-rebels_12.html
Conclusion about the life of Laurence Butler
http://butlerfamilyhistoryaustralia.blogspot.com.au/2012/08/laurence-butler-ch-25-conclusion.html

[i]  Peter Mayberry website, www.tip.net.au/~ppmay
[ii]  Michael Hayes, Letters 1799-1833, NLA Ms 246, dated 2 November 1802, originals in Franciscan Archives, Dun mhuire, Killiney, Dublin.
[iii] Sir Richard Musgrave, Memoirs of the Different Rebellions in Ireland, 2 vols, 3rd Edit., Dublin 1802, pp755-756
[iv]  Ibid, pp 728, 898
[v]  Ibid, p722 Appendix no xix, 2 & 18.
[vi]  Ibid, p720 Appendix no xviii 6,
[vii]  Carol J. Baxter (compiled and ed.), Convicts to NSW 1788-1812, CD, Society of Australian Genealogists, 2002; Sir Richard Musgrave,  Memoirs, op.cit;
[viii]  Sir Richard Musgrave, Memoirs, op.cit, p337
[ix]  Ibid, p337, footnote 2
[x]  Thomas Cloney, Personal Narrative of Those Transactions in the County of Wexford, in which the Author was engaged during the awful period of 1798, Dublin, 1832, p52
[xi] Enniscorthy Guardian , Sept 5, 1936
[xii] Thomas Cloney, Personal Narrative of Those Transactions in the County of Wexford, in which the Author was engaged during the awful period of 1798, Dublin, 1832, p52
[xiii] Patrick C. Power, Courts-martial of 1798-9, The Irish Historical Press, Kilkenny, 1997, p32, p26
[xiv]  Sir Richard Musgrave, op.cit, Appendix, No.XIX, 10, p755/6
[xv]  Ibid, Appendix No. XVIII, 2, p711
[xvi] Ibid, Appendix  No. XVIII, 6: p719-20
[xvii]  Joseph Holt (Peter O’Shaughnessy, ed.), A Rum Story- Adventures of Joseph Holt. Thirteen Years in New South Wales (1800-1812), Kangaroo Press, Kenthurst, 1988, p94, p199
[xviii]  Sir Richard Musgrave, op.cit, Appendix No. XIX, 3, p728
[xix]  Sir Richard Musgrave, op.cit, Appendix No. XXV, p898
[xx] Miles Byrne, Memoirs of Miles Byrne, edited by his widow; 1st Edition Paris 1863- Irish University Press 1. p86-88
[xxi]  A. M. Whitaker, Unfinished Revolution: United Irishmen in New South Wales 1800-1810, Crossing Press, Darlinghurst, 1994,  p93-4, 201-2
[xxii] Carol J. Baxter (Ed), Muster of NSW and Norfolk Island 1805-1806, pub ABGR in assoc Society of Australian Genealogy, Sydney 1989
[xxiii]  Patrick C. Power, op.cit, pp16-18
[xxiv]  Ibid, p35
[xxv]  Tom Williams Taghmon in 1798, Taghmon Historical Society Vol 2 1997 http://homepage.eircom.net/~taghmon/histsoc/vol2/51798tmc/51798tmc.htm
[xxvi]  Patrick C. Power, op.cit, p81-82
[xxvii] Ibid, p82
[xxviii] William Sweetman, Journal of the Wexford Historical Society, No. 23, 2011-2012, Chapter: Michael Hayes- 1798 Convict, part I, pages 143-163
[xxix] Wexford Parish Registers, microfilm, Wexford Library
[xxx] Richard Lucas, Irish Provincial Directories 1788, The Irish Genealogist CD, Irish Genealogical Research Society, Volume 3, Issue 10, p413, 1965
[xxxi] National Archives of Ireland, SPP 635 microfilm #18
[xxxii]Sir Richard Musgrave, Memoirs of the Irish Rebellion of 1798, 4th Ed., Indiana 1995 (3rd ed 1802) p727
[xxxiii] Hilary Murphy, Families of Co. Wexford, The Printshop Wexford, 1986, p 202
[xxxiv] Sir Richard Musgrave, Memoirs…, op.cit. p 326
[xxxv] National Archives of Ireland reference #SPP 636 (also National Library of Australia, and SAG) NB. a further petition by a Michael Hayes and 13 others imprisoned on a ship in Dublin Harbour, is not relevant, as it was addressed to the Earl of Hardwick who succeeded Cornwallis in 1801, 2 years after Hayes’ transportation (viz. PCC 3847)
[xxxvi] Sir Richard Musgrave, Memoirs…, op.cit p803-808; Goodall on p.456
[xxxvii] David Goodall, Freemen of Wexford 1776, The Irish Genealogist CD, Vol 5 Issue 3 1976, p315, No. 95 Frayne
[xxxviii] Daniel Gahan, The People’s Rising Wexford 1798”, Gill and Macmillan, Dublin, 1995, p78-80
[xxxix] Ireland- Australia Transportation Database, op.cit
[xl] Thomas Pakenham, The Year of Liberty- The Story of the Great Irish Rebellion of 1798, Weidenfeld & Nicolson, 1st pub 1969, repub 1997, p349-350;  Also refer to the “Memoirs” of Miles Byrne (op.cit), a rebel who lived in France following the Rebellion.