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 Milltown adjacent to Ferns and Tomnaboley adjacent to Boolavogue, 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. John Reddington, from Roscommon County, sentenced to life for 'political crimes' in March 1798, receiving an Absolute Pardon. He was a publican in Pitt Street, Clerk of the Sydney Race Course, and substantial landowner, accumulating substantial wealth, totaling almost £6,800 which he bequeathed to his brothers in Ireland, a decision challenged by his partner-in-life, Ann Cooper. (SRNSW: NRS 13724, 23 April 1818- Supreme Court of NSW:
Equity Proceedings 1817-1824- [Ann] Cooper v. Reddington, Reddington, Fitzgerald and
Chisholm) The Catholics of Sydney met regularly at his premises and continued to do so after his death in 1816, meeting there in May 1820 for the first Mass celebrated in the Colony.
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 (Per 'Friendship')
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.
WILLIAM SUTTON (per 'Friendship')
Ref: R.H.
Foy, ‘Remembering all the Orrs: the story of the Orr families of Antrim and
their involvement in the 1798 Rebellion’, (Ulster Historical Foundation,
1999, pp.89-90):
Matthew
Sutton belonged to a prominent Catholic family in Wexford. He trained as a
barrister and had been an officer under Fr. Philip Roche in the rebel army of
Wexford. In the autumn of 1798, he was sentenced to transportation along with
his brother Patrick. His family was not without connections, including Archbishop
Troy, the Catholic Bishop of Dublin, and strenuous attempts were made to get
the two released, Patrick was freed in the autumn of 1798 but Lord Cornwallus
was unwilling to release Matthew who then entertained hopes of being drafted
into the army, and, somewhat optimistically, even had a particular regiment in
mind. In May 1799, his hopes were dashed when he was brought onboard the ‘Friendship’
which had recently arrived at New Geneva from London. From the ship he penned a
desperate letter to his father, which was forwarded to Archbishop Troy to interceded
on Sutton’s behalf with the authorities in Dublin Castle. The letter describes
conditions onboard the ‘Friendship’ and the preparations the prisoners were
subjected to before their voyage, Sutton no doubt used his professional
training to dramatize the situation he found himself in, but the letter does
convey the terror with which he viewed a journey to the furthest ends of the
earth and an unknown, wild and savage country.
EXTRACTS OF LETTER FROM MATTHEW SUTTON
(National Archives Ireland- SPP846)
25 May 1799
I presume
you have ere now heard of my being taken out of the ‘John and Esther’ and put
on board the ‘Friendship’ of London Cpt. Reed, a convict ship bound for Botany
Bay. It seems that my being attached to the 41st [Regiment] was a
mere delusion, as I understand they had no idea of placing me in that or any
other regiment. Good God! What have I suffered since last Tuesday fortnight!!.
On that day, about four hours after I had written our worthy and invaluable
friend Miss___ from the ‘John and Esther’, I was brought to this vessel- my hair
again cut, my cloths strip’d, placed in a tub and a Black, for Moors are the
guards over us, employed in pouring buckets of water on me till I was almost
breathless.
In this
situation I was brought out, a shirt as coarse almost as canvass put on me, and
when dressed put in irons, bolted to another unhappy man and thus guarded down
to the press-room or prison, where there upwards of 120 all bolted in pairs.
During the first three days of our imprisonment we had no sustenance but a
little bread and water once in 24 hours. We have had since but one meal a day,
consisting of about half a pound of pork or beef and two bad biscuits; which
wretched fare is handed to us between three and four o’clock, without knives,
forks, plates or trenchers.
A fine healthy young man has already sunk under his sufferings: he died last Sunday after an illness of three or four days. Numbers are down and to fill up the measure of our calamity, a malignant fever or epidemical disease rages in the vessel. One of the Moors died last Sunday night and another the day following. I feel my inability to convey to you in terms sufficiently descriptive the misery that surrounds and overwhelms me. The gloomy horrors that overspreads our darksound prison, the rattling of chains, the piercing cries of the sick, the heart rending sighs of those who are forever torn from their families and friends. In short, the total privation of all comfort, exhibit such a scene of complicated woe as should soften an adamantine breast. Two of three days after my being brought here, I wrote our good friend Mr K[enne]dy to inform my uncle, and not having heard from any friend since I fear Mr K[enne]dy has not received my letter, and that another since to him has miscarried. I make no doubt if my situation has been known but it excited compassion and I tho’ I am convinced my friends want no stimulus to their exertions, yet I think it necessary to observe that, if I am not very shortly removed from this ship, I will want nothing but prayers for my soul. If it should be my misfortune to be destined for Botany Bay, I am devoted to certain death for ‘tis impossible, without a miracle, that I can exist a month on the passage. I therefore entreat that immediate application may be made for me to have permission to go to America, Hamburgh, Lisbon or any other neutral place. This indulgence has been extended to many, with whom I perceive I have equal pretensions for clemency.
The wife of Captain Hugh Reed of the 'Friendship' wrote a Journal about the voyage, published in the Asiatic Journal and Monthly Register for British India. It begins in June while the 'Friendship' was lying at the passage of Waterford.
She commented on the health situation on the vessel, described by Sutton:
'About ten days after our arrival a fever broke out amongst the prisoners on board, supposed to have been brought from Geneva Barracks, which appeared so alarming from the occurrence of several deaths, that government ordered the prisoners to be removed into another vessel ; also the ship to be whitewashed and fumigated, and new clothing furnished.'
The 'Moors' guards, as described by Sutton, is explained by Mrs Reed:
'Her husband chose as substitutes for the usual military escort, Indian seamen, called Lascars, who did not know the English language, and manned his ship with British seamen. His reason for manning and guarding the ship in this manner was, in previous voyages, the soldiers sent on board as a guard had been drafted from different regiments, for desertion and other delinquencies; thus a description of men, the most unfit to be trusted with arms, were to act as sentinels over others scarcely so bad as themselves. Capt. R. thought that it would be possible to take the prisoners to the place of their destination without having an occasion intervene for inflicting on them punishment, or any severity beyond that of attending to their safe custody,'
The higher status prisoners were treated differently:
'The ship's crew had hitherto been healthy, but some of the prisoners had been sickly. Every indulgence consistent with propriety had been shewn them, all of whom, by messes, were alternately admitted upon deck in the day-time. The surgeon was instructed to distribute tea, sugar, and other little comforts, sent for such as were sick.
There had been a considerable quantity of wine sent on board at Cork for the private use of about 12 or 14 of the prisoners who had seen better days, and who indeed were enjoying the comforts of affluence when their untameable discontent plunged them into the vortex of rebellion. The wine was served as they required it, by returning the empty bottles, which was a proper caution, as a bad use might have been-made of them ; the wine was a great comfort, and no doubt saved some lives amongst them.'
In October, at St Helena- 'while we remained here, a ship arrived from Madras with dispatches, announcing the capture of Seringapatam, in charge of the Hon. Mr. Wellesley, brother to Lord Mornington (viz. brother of Arthur Wellesley, 1st Duke of Wellington, famous after the defeat of Napoleon at the Battle of Waterloo in 1815), then Governor General of India. Mr. Wellesley on seeing Capt. Reed expressed a great desire to go on board the Friendship and see some of the unfortunate men who had been in the rebellion; he of course was invited on board, and went over the ship, visiting the prison, etc., In walking round the deck where some of the prisoners were sitting, he stopt suddenly before one of them and called out, 'that cannot be S.....', (probably Matthew Sutton) who directly looked up and replied 'yes, it is S....., 'Good God,' said Mr. Wellesley, 'did I ever expect to see you in this situation? pray now how was it?' S....still kept his sitting posture, desiring that no question might be put to him, as he should not answer any. Mr. Wellesley turned from him, and taking the captain aside, said that this unfortunate young man had at one time a prospect of being eminent in the law, and had been a school fellow of his; and if any pecuniary aid was wanting for his comfort on the voyage he should be happy to furnish it. The captain informed him, that there were eleven of the prisoners, including S...., who had a little stock of wine, and other comforts remaining, which had been laid in for them by their friends previous to leaving Ireland;** also, that he had some money of theirs in his hands, which would be advanced as it was required on coming into port. Shortly after this Mr. Wellesley, and several gentlemen who had accompanied him, left the ship; next day there was a quantity of vegetables, potatoes etc sent on board for the use of these poor men. The supply came by the government boat but it was not known who was the donor; at all events it was most acceptable to the prisoners.'
** the eleven prisoners referred to were probably the Wexford cohort.At the Cape of Good Hope in December: 'On
shore my husband saw his old commander *Capt. H. who among many other enquiries
asked, 'How many of those Irish rebels he had with him, and how they had
behaved on the voyage? Capt. R. replied, 'that they had behaved so well, they
had put it out of his power or that of his officers to lay a finger upon one of
them; and that he was in hopes of landing them at their place of destination,
without introducing the machinery of punishment. '
On the removal of their chains:
'For the first day of 1800 was ushered in by fine settled weather; that the new year might be propitious to the poor prisoners, the captain ordered the fetters to be taken off an additional number of the best behaved amongst them, promising the rest, that if their conduct merited well, as soon as land was seen on the coast of New Holland, every prisoner should then be released from his irons, but that all depended upon a proper subordinate behaviour.
'For the first day of 1800 was ushered in by fine settled weather; that the new year might be propitious to the poor prisoners, the captain ordered the fetters to be taken off an additional number of the best behaved amongst them, promising the rest, that if their conduct merited well, as soon as land was seen on the coast of New Holland, every prisoner should then be released from his irons, but that all depended upon a proper subordinate behaviour.
Several
of them had been relieved from the weight of fetters shortly after we left
Ireland, and continued so all the voyage, having conducted themselves with
every propriety. It was fortunate both for themselves and us, that there were
amongst them men of education and sense ; who doubtless contributed to restrain
the others from evil and violence; one was said to be a Roman-Catholic
clergyman (Dixon), and we trusted that his influence was beneficial.'
Arrival in Sydney Cove:
16th February: 'All was anxiety in the evening of the 16th, and every thing prepared to enter the harbour. About twelve at night the ship was off the north and south heads, which form the entrance of the port, where we lay-to until morning. At length daylight appeared, and the wind being fair, we boldly entered the harbour; the captain being a good pilot, needed no other guide; in less than a quarter of an hour after, the ship (to use the sea phrase) was completely land-locked. The surrounding country afforded a pleasant range of scenery, being diversified with hill and dale, with many inlets, forming little coves or bays. As we passed up towards Bennilong Point, the town of Sidney burst upon our sight. The ship anchored in the cove, about seven in the morning, and saluted the Governor with nine guns, which was the first intimation the settlement had of our arrival. Where we anchored, the distance of the shore on either side did not exceed fifty yards, which made it appear as if we were in a dock. The Governor's house, on the left, towards the head of the cove, and the Lieutenant-governor's house on the right, with the barracks, and many other detached buildings, made the town altogether surpass our expectations.
As soon as our ship was moored, the captain went on shore, to wait upon Governor Hunter, to whom he was known. The men could not be disembarked for three days, which time it would take to prepare accommodations for them : this was of little consequence, as they were healthy, and had plenty of water and provisions on board.
On the 21st February, the prisoners were disembarked. Many of them left the ship with tears, and each boat-load cheered as they put off, which was rather a novel sight to many on shore, who had received harsh treatment on their passage out. The captain received a letter from the Governor, expressing his thanks and approbation for the kind treatment and good management during the passage, saying, that such conduct should not be forgot in the dispatches to the Lords Commissioners of the Admiralty. The captain spoke particularly to the Governor in respect of those prisoners who had seen better days, and who had conducted themselves so well on the voyage.'
David Collins described the convicts who disembarked from the 'Friendship':
'The
convicts arrived in very good health though the ship had been Sickly previous
to her reaching the Cape. Many of the prisoners received by this ship and the
Minerva were not calculated to be of much advantage to the settlement and but
little addition was made by their arrival to the public strength. Several
of them had been bred up in the habits of genteel life or to professions in
which they were unaccustomed to hard labour. Such must become a dead weight
upon the provision store for notwithstanding the abhorrence which must have
been felt for the crimes for which many of them were transported, yet it was
impossible to divest the mind of the common feelings of humanity so far as to
send a physician (viz. Daniel MacCallum who had assisted the ship's surgeon), the once respectable sheriff of a county (John Brenan) , a Roman Catholic
priest (James Dixon) or a Protestant clergyman and family to the grubbing hoe or the timber
carriage. Among the lower classes were many old men unfit for anything but to
be hut keepers who were to remain at home to prevent robbery while the other
inhabitants of the hut were at labour.'
William Sutton returned to Ireland in 1809 after receiving his Absolute Pardon.
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.
(My grateful thanks to descendant, Bruce Gough, for sharing his Gough family history with me and granting me permission to publish a letter from William Gough to his uncle John Gough written in 1804)
Michael Hayes was closely associated
with fellow rebels Father James Dixon and William Gough (Goff). Gough was from Tomnaboley near Boolavogue (home of Fr. John Murphy), and Milltown near
Ferns. According to the ‘Friendship’ indents, William Gough only
received a 7-year sentence, whereas Fr Dixon received a Life sentence, despite both
Gough and Dixon being described as a ‘Principal in the rebellion’, Gough
was also described as a ‘participant in the rebellion’.
‘Friendship’ Indent:
Despite his Catholic cohort of friends, Gough was a Protestant although married to a Catholic, Anne Murray daughter of a wealthy landholder at Milltown, Laurence Murray, as shown in the 1811 map below. Note the close proximity to Ferns and the Bishops Place:
1811 map of Wexford by William Gill (Wexford Archives)
Whether his religion contributed to his lenient sentence is unknown.
The ‘Ireland-Australian Transportation Records’ database
has a petition on his behalf:
Surname:
GOFF; First name: WILLIAM;
Sex:
M; Place of imprisonment: New Geneva;
Date
of document: 20/06/1799;
Description
of crime: Participation in 1798 Rebellion;
Sentence:
Transportation;
Name
of petitioner: J.T. Troy;
Record
reference code: SPP 605
Comments:
A Farmer from Milltown in the parish of Kilbride, Co Wexford. Certificate of character
and draft bail bond attached.
The petitioner named was Dr. John Thomas Troy, the Catholic
Archbishop of Dublin and Primate of Ireland, who also intervened on behalf of
William Sutton, another Wexford rebel who was from a prominent Catholic family.
It is surprising therefore that Troy intervened on behalf of a Protestant.
(Wikipedia: in 1798, Archbishop Tory issued
a sentence of excommunication against all those of his flock who would join the
rebellion. In a pastoral read in all the churches, he spoke of the clerical
organizers of the rebellion as “vile prevaricators and apostates from religion,
loyalty, honour and decorum, degrading their sacred character, and the most
criminal and detestable of rebellious and seditious culprits”. Troys’ action at
this time appears to have endangered his life. But the influence he had acquired
with the government enabled him to moderate the repressive measures taken by
authorities.)
Dr Troy wrote to Colonel Littlehales (Sir E.B.
Littlehales), 20 June 1799 from Dublin
At the earnest Solicitation of
a valuable Friend, I venture to enclose two papers he handed to me, for his
Excellency’s consideration. One of them is the draught of a Bail bond which the
persons named in it are willing to sign. It is, by no means, my Wish that any
leader of Rebels or Officer amongst them, should escape deserved punishment: If
I had only well-grounded Suspicions of Goff’s having been of that description,
I would not interest myself in his favor; but, assured as I am by respectable
persons, that he was not, I joyn them in praying His Excellency to extend such
mercy and indulgence to the unfortunate Convict, as is compatible with the
safety of the State and the ends of justice.
He enclosed two certificates, the first was an affidavit
from John Gough of Camolin
(William’s uncle), Abraham Goff of Enniscorthy (William’s elder brother) and
Laurence Murray of Milltown (William’s father-in-law) in the Parish of
Kilbride, pledging one Hundred Pounds each, witnessed by Annesley Brownrigg
(magistrate), dated 14 June 1799. “The Condition of the Above recognizance
is such that if William Goff of Milltown on the Parish of Kilbride in said
County, Farmer (who is now a Prisoner at New Geneva) shall Keep the Peace
towards all his Majesty’s subjects for seven years and in the meantime to be
guilty of no rebellions act and to Appear at the next General Assizes for said
County to give in further Bail if required that then the Above Recognizance to
be Void otherwise of Force”.
(Annesley Brownrigg b.1749, magistrate, of Park
Annesley near Camolin, was a surgeon and formerly an officer in the 13th
Hussars; bred horses including one that was given to Napoleon, his famous
charger Marengo, the skeleton of which can still be seen in the National Army
Museum at Chelsea.)
The second certificate was signed by 22 loyalists
of the district, including his uncle John Gough, yeoman, Camolin Cavalry, and
several other yeomen of the Camolin Cavalry, plus Annesley Brownrigg,
magistrate:
We the undersigned yeomen and other Loyal Inhabitants
in said county do Certify that William Goff of Milltown in the Parish of
Kilbride in said County, Farmer (who is now at New Geneva under sentence of
transportation for seven years) never had any Command that we could find out in
the late rebellion, nor was the said Goff either Guilty of Murder or Burning
Houses that was ever proved or came to our Hearing or belief and that previous
to his being Implicated in the Rebellion, his character was peaceable Sober
Honest and Industrious. Therefore, we most humbly beg leave to recommend his
Majesty’s Clemency to be extended towards him if such shall be the pleasure of
his Excellency the Lord Lieutenant, solvent Bail being previously entered
against his being concerned in any Act of Rebellion in future.
A statement attached from Arthur Colley curate of the Parish of
Kilcormick who stated: he was well acquainted with Goff and believed him to be
an Honest, Industrious and Loyal Subject. (The Colley family were related by
marriage to the Brownriggs.)
And a statement from Frederick Flood Judge of Co Wexford (viz. Sir
Frederick Flood 1st Baronet of Newtown, MP for Wexford) certifying the
authenticity of the signatures, and stating that: he had __ from several
faithworthy Loyal Persons, that William Goff was a very Industrious farmer
and tanner, and closely connected with Loyal and active relations.
On 3 August 1799, Dr Troy received an answer:
That Goff had been convicted by Court martial- and
that the Certificates of his Character were not such as would induce His
Excellency, the Lord Lieutenant, to pardon him (Dr knows nothing of him
personally).
Dr Troy wrote on that same day, 3 August, to R. Aldridge Esq, referring
to his letter to Col. Littlehales, and pointed out that Gen. Grose had not been
sent the relevant papers and knew nothing of the matter. “You would oblige
me by letting me know their fate. This is the more necessary as the Ship in
which Goff is at New Geneva has been ordered to Cork and to sail from thence to
the place of her destination.”
Aldridge replied on 5th August that
Goff’s case was referred to Mr Marsden, and as he was expected in Dublin every
day, he would inquire of him as soon as he returns.
A letter from General Francis Grose to Mr Marsden
dated 16 September:
On enquiry into the character of Wm Goff whose
certificate you have sent here for my perusal- I find that the Persons who have
___ for his good conduct and in general very loyal and respectable people that
I am opined notwithstanding that they __ in his behalf- that he has been very
basely employed in the Rebellion although I cannot find that anything very
atrocious is laid to his charge
The Certificate is herewith returned
I have the Honor to be
Sir
Your most obedient and humble servant
Francis Grose
B. General
Both Gough and Fr James Dixon were transported
on the ‘Friendship’ with Michael Hayes (described in the ‘Friendship’
indents as ‘United Irishman- for Life’)
Gough received his Absolute Pardon in 1802, just
two years after arrival.
In 1806 he announced
his intention to leave the colony, offering to sell his premises.
Gough, a tanner in the Colony, did not immediately leave the colony, and it is unknown what changed his mind, possibly because his 'housekeeper' Sarah Hesley had not yet completed her 7-year sentence.
Gough gave samples of his leather tanned from the bark of local trees to the Colonial Secretary to inspect:
Anne Marie Whitacker, in her book “Unfinished
Revolution” wrote:
Over the next few months in 1801, rumours continued
to fly about developments at home. Margarot’s house in Sydney was visited
frequently by a number of the ‘Minerva’ prisoners, including Joseph Holt,
Florence McCarty (attorney from Cork), Thomas Brady, as well as William Gough
and William Orr of the ‘Friendship’. In late May came the news of the union of
Britain and Ireland which had come into effect on New Year’s Day. By June 1801,
the Governor had granted tickets of leave to around 1/5th of the
‘Minerva’ and ‘Friendship’ convicts including doctor Bryan O’Connor (Cork),
lawyers Florence McCarty and Matthew Sutton, tanner William Gough, watchmaker
Ferdinand Meurant, etc. In Jan 5, 1802 Irish prisoners
were given conditional pardons. They were from Wexford, sheriff John Brenan.
Margarot’s friends William Gough (Goff) and Joseph Holt, watchmaker/forger
Ferdinand Meurant and United Irish lawyer Matthew Sutton.
NB. Maurice Margarot was one of the ‘Scottish
Martyrs’, charged with sedition; Bryan O’Connor and McCarty from Cork were
sentenced by court martial for forming a committee and administering illegal
oaths; William Orr, watchmaker from Antrim, Life, pardoned in 1806 and returned
home; Thomas Brady, Chief Clerk at the Wicklow Goldmine, arrested in 1798 along
with Joseph Holt and Ferdinand Meurant, and convicted under the Banishment Act
to self-exile; Matthew Sutton, a lawyer from Wexford.
Whether this group of friends discussed
revolutionary ideas is unknown, but likely.
Gough and Fr Dixon decided to return to their
homeland in Wexford in October 1809, Gough although pardoned, having also completed his sentence,
and Dixon given permission to return by his Absolute Pardon dated 3 June 1809.
Gough, in an advertisement revealed he
was returning with his housekeeper Sarah Hesley (per ‘Nile’,1801, from
Essex, 7 yrs, aged 20), and his servant John Doyle (per ‘Anne’, 1801,
from Ireland, 7 yrs). A Mary Gough also accompanied them. She was probably
Gough’s daughter by his housekeeper, as the 1805-06 Muster of NSW implies,
showing Sarah P[risoner] living with Goff. She is described as a “C=Concubine” [ie.
unmarried] with one ‘natural’ female child, probably Mary Gough.
The following advertisements were placed in the ‘Sydney
Gazette’ in October 1809:
Notably, Fr Dixon travelled on the same ship as Gough.
In his letter of 1812, Michael referred to his despair when Gough/Goff and
Dixon returned to Ireland. His brother had written to Michael and must have
asked about the use of liquor in the colony. Michael replied “I have
resorted to it as a restorative to assuage despondency, but not to that excess
to deprive me of my mental faculties. It’s with temperance and only
occasionally that I have been obliged to resort to it, at the departure of Goff
and Dixon it prevailed more, than it has since or before, or ever will again.”
In a previous letter, Michael had referred to
Laurence and had written that: “his business was good where sobriety was
attached”. The departure, one by one, of their friends who received
Absolute Pardons and returned to their native Wexford, must have been very sad
and depressing occasions for those left behind. Although Michael was given an
Absolute Pardon and could have returned, he chose not to, as he had debts and a
young family to raise, as indicated in the same letter in which he responds to
his family’s admonition for not returning to Wexford with Gough and Dixon.
The letter to Michael’s family was delivered by another well-known rebel,
Joseph Holt, the rebel ‘General’ from County Wicklow who was associated with
the Wexford rebels and with Michael Dwyer, during the uprising, and returned to
Ireland in 1812. Travelling with Joseph Holt was Sir Henry Brown Hayes, another
Irish associate from Cork, who had been transported for kidnapping a young
woman in the attempt to force a marriage with her. The pair of them were
shipwrecked on the Falkland Islands for several months before being rescued.
Holt’s memoirs indicate there was no love lost between them.
In following letters,
Michael often made mention of Goff and Dixon, so obviously missed their company. Hayes
wrote in April 1817 that he had had a letter from Gough: “Mr Goff who
accompanied Mr Dixon from this country informed me in his last letter I had the
pleasure of receiving from him, that his woman and child resided in Wexford”(Michael Hayes, Letters 1799-1833, NLA MS246 (copies in State Library of NSW, originals in Franciscan Archives, Dun Mhuire, Killiney, Dublin)
The
following deposition reveals Gough’s reported actions during the Rebellion, as published
in 1802 by Protestant, Sir Richard Musgrave (1746-1818) in his ‘Memoirs of
the Different Rebellions in Ireland (Four Courts Press, 1802- Memoirs, op.cit, Appendix, No. XIX, 10, pp.755/6)’.It also involves Father Ned Redmond, Parish Priest of Ferns who would have been
Laurence Butler’s parish priest. (A previous chapter recounted Redmond’s fame
in having once saved the life of Napoleon.)
Deposition by Anne
Piper, re William Goff/Gough (per “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]
A further deposition by Samuel Wheeley (Memoirs, Appendix No. XVIII, 2, p.711), reveals that Goff lived close to Fr John Murphy of Boolavogue:
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]
Gough held his family property at Tomnaboley, adjacent to Boolavogue, as well as property in Milltown adjacent to Ferns, through his wife Anne Murry whose father held land at Milltown.
Gough held his family property at Tomnaboley, adjacent to Boolavogue, as well as property in Milltown adjacent to Ferns, through his wife Anne Murry whose father held land at Milltown.
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."
A letter written from
Sydney in 1804 by William Gough to his uncle John Gough, amazingly kept by his
family, reveals a very religious man with many regrets about the past, and a
rather broken- hearted man who had been rejected by his brothers.
Sydney, New South Wales
15 December 1804
To Mr John Gough, Camolin,
Gorey, Ireland
My Beloved Kinsman,
It is with peculiar
satisfaction I can announce the receipt of your letter dated July 1802. Kind
Providence threw it in my way. I thank my good friend in Enniscorthy for his
close attention and unshaken assiduity to heap colas on my already too strong
fire. Don’t call Irishmen civilized! They are not advanced one step yet from
barbarism.
Perhaps you guess the
description I mean.
The early notions I imbibed of
a virtuous course with the addition of a tolerable education and a pretty good
judgment have enabled me to distinguish and to discriminate. I have also lived
on faith and hope in the Great One, and cant has not deceived me.
My many sufferings at a
certain period of my life beggar description. Would you not think mankind
placed in superior stations should administer the balm of comfort to the wounds
of his suffering fellow creature and inflict no further cruelty and severity than
necessary for the safe custody of the person, by woeful experience proves there
is no mercy in man. It must be looked for from the Deity alone, and I amongst
the rest of mankind have great need of it.
My relatives in Enniscorthy
(brothers I shall never call them) have treated me barbarously. They are
rearing up children some of whom are making great strides to maturity, and with
prospects perhaps not superior to what I had. Were I nearer, I could lay down a
code of instructions worth studying, but my family, and your friends, are never
likely to benefit by my observations and travels.
I have not received a line
since yours, and the one form Milltown, that accompanied it, of July 1802, nor
have we heard from Europe since the first of January last.
A Dutch Ship bound from
Batavia to Amboina (now Ambon, Indonesia), captured by an English Whaler and
brought in here a month ago, reports the King is dead since May last, and
several other things, which time alone will explain.
When these ships appeared in
sight, they were conjectured to be enemies, and all was confusion for some
hours. We are in great apprehension of a visit from the French. They could come
from the Mauritius in five weeks.
My business is doing well. I
have saved £200 most of which
is in silver dollars and Spanish gold coins of two and four pounds value, and I
am able to make additions every month.
I fear my property in
Tomaboley is now of little worth. My father-in-law says he still holds it, and
the person I left in care knows how to instruct him. I should be proud since he
has held it so long that he gets value and labour out of it, but perhaps it is
in better hands.
I have sent a list of bills
for £13.2.0. by
different routes to Milltown, drawn for payment against my favour on Mr
Nicholas Dixon. If they are honoured, or that I am desired to do so, I will
advance him as much as he wants to be paid to Mr Murray, or to my unfortunate
wife. I should gladly send what money I have, if I had a fair opportunity.
If anything happens [to] my
father-in-law my Milltown friends will be wretched indeed, but some Christian I
hope will take them by the arm and help them on to the end of their journey to
the land of Promise. While the day holds, we must jog on, but the night will
come and on looking back we shall perceive all was vanity and vexation of
spirit. It will not matter then whether it was Monarchy or Republicanism, good
works alone will be the order of the day. I must conclude with best wishes to
Mrs Gough, and Children. Believe me to remain.
Your Most affectionate,
But unfortunate Kinsman,
William Gough
The letter gives us a
wealth of information that was probably shared by his fellow rebels in Sydney,
including Laurence:
1.)
the letter from his uncle had taken 2 ½ years to get to Sydney. It is no wonder
Michael's letters were so spaced apart. And obviously a difficult process to
get a letter through- many must have just disappeared on-route. He also
complained about the dearth of information in the colony about what was
happening in Europe.
2).
Such an interesting description of the Irish as 'uncivilized barbarians'. Gough would have known about the barbarism exhibited on Wexford Bridge by the rebels,
and the Scullabogue Barn massacre. And then in Sydney, he had recently
experienced the escape and rebellion of the Irish convicts at Castle Hill in
1804, known as the Battle of Vinegar Hill in reference to the Irish battle,
which was brutally put down, and not long before, the escape of 4 Irish
convicts from the Castle Hill convict farm, two of whom attacked two farms,
seizing a gun and shooting a servant in the face disfiguring him for life, and
then both raping 17 year old Rose Bean in front of her mother, for which they were hanged. (Rose married Thomas Dunn- their daughter married Laurence Butler's son Walter).The Irish convicts were always plotting
escape.
Notably
the Wexford rebels associated with each other in the colony, not with the
general Irish rebel convicts, even of such convicts as famous rebel Michael Dwyer and
his group who were very 'Irish' and anti-British. The Wexford group were
Laurence, Michael Hayes, James Dempsey, William Davis, John A'Hearn, Matthew
Sutton, William Gough and Fr James Dixon- all educated and well skilled- and
all were given government orders and positions, and associated with the local British
community.
The
fact that the Wexford groups associated with each other, reflected how the
county of Wexford remained separate from the rest of Ireland, because its topography being bordered by mountains, and water, meant the local population remained fairly homogenous, many families dating back to the original invasion by Strongbow in 1169/70, and even developing their own dialect of English. When you hear of people with names like Devereux, Sutton, Rossiter,
Sinnott, FitzHenry, Esmonde, Hayes, etc., you immediately know that they
probably came from Wexford and they all intermarried. And then some arrived with the Protestant
plantation- the Letts, Mastersons, Colcloughs, etc who also stayed locally and became
wealthy landholders. Not to mention the Irish Kavanaghs, known as The MacMurrough/Kings of
Leinster whose seat was at Ferns and also Carlow- seat at Borris House- the MacMurrough
invited Strongbow to invade Ireland in 1169/70.
3)
The fact that he saved 200 pounds in 3 ½ years is notable- his business was
thriving. His leather was probably also
used by Laurence, making furniture seats etc, which would have been handy
living next door.
William
said he was paid in silver dollars and Spanish gold coins, which shows he was
selling his goods to people high in the administration and military. That is a
revelation- one wonders if Laurence was also paid in coin. The rest of the
convict population relied totally on bartering and Govt Store receipts, before
Promissory Notes were issued (tradeable IOU's) by businessmen. There was no
currency in the colony- that is how the military was in control of the rum
trade which was used for bartering, and led to the Rum Rebellion in 1808 when
Governor Bligh tried to stop it. Laurence and a few other businessmen tried to
set up a regulated system of Promissory notes in 1813, but the governor took
fright and banned them from doing so. The administration, in 1814, then
introduced the holey dollar, stamped out of Spanish coins, but the first
Australian coins were not minted until 1825. The holey dollar was a Spanish
coin of Charles III whose centre or “dump” was punched out and given a value of
1s. 3d, while the remaining “ring” was worth 5s. A year or two later, the first
bank was introduced.
4) Gough was very bitter with his brothers’ rejection of him, despite his elder brother Abraham offering to put up a sizeable bail bond for his release. And receiving no
letters apart from John's and the one from Milltown from his wife or
father-in-law, must have been hurtful. It is therefore surprising that he did
not write to Michael for a long time and was rebuked for it, Michael saying it
was a case of ‘out of sight out of mind’. It is possible his letters got 'lost
in the mail'. He must have known how the others felt when he left. It is
possible he also had to keep his head down, not caught writing to former rebels
in a penal colony.
5) The letter confirmed Gough held the two properties, at Tomnaboley (adjacent to Boolavogue)
and Milltown near Ferns- the Milltown property through his wife, Anne Murray, whose father
held lands in this area. William noted that his father-in-law still held his
land at Tomnaboley, on his behalf. Gough must have signed it over to his care at some point.
6)
He mentioned sending money home for his wife at Milltown through Nicholas
Dixon, who was brother to Fr. James Dixon, and a known rebel. It’s possible this route was also used by Laurence to send money home.
(
When
William returned to Wexford in 1809 with his ‘housekeeper’ Sarah Hesley and
their daughter Mary Gough, it is unknown whether he returned to his wife and
children or continued living with Sarah. One can speculate about how this
affected his relationship with his wife and his father-in-law Mr Murry who had
held onto his property during his exile. Michael Hayes in his letter in 1817
wrote: 'Mr. Goff informed me in
the last letter I had the pleasure of receiving from him that his woman and
child resided in Wexford. Please remember me to them and inform me how they
are situated.'
The
fact that he referred to “his woman and child residing in Wexford”, rather than 'his wife', would appear to imply it referred to Sarah and daughter. Family records do not reveal this information.
7) His description of his sufferings and the cruelty and severity while in
custody- this must refer to his time in New Geneva where the treatment was
inhumane.
By
general accounts, they were treated quite well on board the 'Friendship' but
still, the crowded and unhygienic conditions on board, for 5-6 months, would
have been horrendous- Fr Dixon particularly suffered. When put ashore,
he, and Michael, Sutton etc, would have been grabbed by government first as
educated men with skills they needed, so would have been reasonably treated I
would suspect, but William would have seen the cruel treatment handed to those
for minor infringements of the rules.
8) His
reflections on the rebellion, was most enlightening. Laurence in his petition
referred to it as 'the unfortunate affair of the rebellion in Ireland'.
William
says "on looking back we shall perceive all was vanity and vexation of
spirit. It will not matter then whether it was Monarchy or Republicanism, good
works alone will be the order of the day."
What an extraordinary
statement just 6 years after the rebellion. They all must have discussed this
amongst themselves. One wonders if that was the view of all of them- probably.
The fact that the Wexford bunch were never involved in the insurrections of
other Irish convicts in Sydney and surrounds, and their closer association with
the English society in the colony, would suggest they all felt that way.
Laurence denied he was a United Irishman and said he was forced into the
conflict. A similar statement was made by another Wexford rebel leader, Thomas
Cloney who wrote a book about his experience. Laurence was very pragmatic in his
religion, using the Protestant church for his marriage to a Protestant woman
and the baptisms of his children.
According to family sources, William Gough, and elder brother Abraham Gough (d.1842, of Tomnaboley) were the sons of Clement Gough (admitted as a freeman on 13 May 1776, and died 1777 ( Will of Clement Goff of Tomnaboley dated 1778; sued Michael Goffe and a Richard and Edward Donovan Esqs and Elizabeth Donovan, Executors in July 1772- Ire Exchequer Court of equity Bill Books),
son of Clement Gough (made a burgess of Enniscorthy 18 October 1687 (along with James Butler, probably son of Pierce Butler of Kayer, and Charles Kavanagh); married Mary Donovan; he died 1755 and she died 1742),
son of Patrick Gough who bought 400 acres of land at Ballyorley and Tomnaboley. Patrick merchant of Enniscorthy,
son of John Gough (younger brother of Alderman Patrick Gough d.1626), merchant of Dublin son of William Gough, son of the brother of Sir Edward Gough Mayor of Dublin in 1575.
William Gough of Milltown married Anne Murray, probable daughter of Laurence Murray of Milltown, and thought to have had a son John Gough who is thought to have emigrated to Canada.
In the 1798 Rebellion, in a list of "Protestants Massacred in the Diocese of Ferns 1798", a record of: Goff Clement, killed in cold blood on his own ground at Tomnaboly, Parish of Kilcormuck. This would have caused some family ructions when William Gough was accused of being part of the rebellion.
A Clement Goff was listed in the Ireland Valuation Records for 1843 at Tomsallah, just west of Ballyorley, and the 'Mr Gough' in a 1811 Map of Wexford by Wm Gill, at Tomsallah, thought to be the son of Abraham Gough, born 1792
DENIS CARTY
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.
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.
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)
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)
(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.
State
Records for NSW refs: (http://www.records.nsw.gov.au/state-archives/indexes-online/-
)
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)
LEWIS BULGER
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)
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.
MICHAEL MURPHY
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:
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
See Cattle theft Court case below for details of Michael Murphy in the colony
FATHER JAMES DIXON
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]
The Australian
Dictionary of Biography on Fr. James Dixon (Australian Dictionary of Biography, James Dixon (1758-1840) by Vivienne Parsons, v.1, 1966 (online 2006):
James Dixon (1758-1840), Roman
Catholic priest, was born at Castlebridge, County Wexford, Ireland, into a
family in comfortable circumstances. He was educated by a neighbouring parish
priest and later at Salamanca and Louvain, where he completed his course in
1784 and became curate at Crossabeg parish, near Wexford. There he was arrested
in 1798 under suspicion of taking part in the Irish rebellion and of having
commanded a company of rebels at Tubberneering. He was tried by court martial
and convicted on shaky evidence. According to Dr Caulfield, bishop of Ferns, he
was probably mistaken for his brother Nicholas, who took an active part in
the rebellion. He was found guilty and sentenced to death, but was
reprieved conditional on his being transported for life.
He was found guilty and
sentenced to death, but was reprieved conditional on his being transported for
life.
Fr Dixon was transported
on the ‘Friendship’ in 1799, with Michael Hayes. Michael wrote about the
voyage to his, mentioning the suffering of Dixon:
13th
Sept 1799
Dear
Brother,
On
receiving information of one of the Frigates being about to return after
conveying us as far as the Mad-----(sic) is a few Leagues (? sic)- further
South. For the satisfaction of my Friends I embrace the opportunity to inform
you I have been perfectly healthy since we sailed from Cork the 34th
Augt with the Gods assistance I am in hope of it continuing so until we arrive
at the place of our destination….
And
with due affection,
Your
Loving Brother,
Michl
Hayes
I
would have wrote my Mother and Sisters but the short notice I had prevented it.
Mr Dixon’s health is but very poor. He wrote his Brother and Mr McCarty
for a supply of ----- and did not receive an answer. This distresses him as he
is in great need of it. They have not acted well by him I don’t suppose he will
survive the voyage.
For most of the time Laurence was living in the colony, Catholics were denied the right to practice their Catholic faith. In the ‘Sydney Gazette’, Sunday April 17, 1803, the newspaper published an order from Governor King:
“General Orders
Every person throughout the Colony, professing the Roman Catholic Religion, is to attend at Government House, Parramatta, on Wednesday the 20th April Inst. At ten o’clock in the forenoon; previous to which, those residing about Sydney are to give their names, places of abode, &c. to the Rev. Mr Dixon; to the Magistrate’s Clerk at Parramatta; and to Thomas Arndell, Esq. at Hawkesbury.
By Command of His Excellency W. N. Chapman, Sec.
Government House, April 12, 1803.”
George Cargeeg wrote in his book, “The Rebel of Glenmalure- a History of Michael Dwyer” Hesperian Press, W.A., 1988, p.1
“In May 1803, the first recorded Mass took place in Sydney, and it was celebrated by the Rev. Mr James Dixon, who had been given special permission to do so by Governor King, providing Dixon observed the seven regulations laid down by King in addition to taking the Oaths of Allegiance and Abjuration. The wording of the conditions allowing the Mass was ‘that for the extension of liberal toleration’ the Catholics would have to show ‘becoming gratitude’. At the end of one year, the toleration of Catholic worship was withdrawn until 1820.”
On 19 April 1803 Governor Philip Gidley King, influenced by the uneasiness of the Irish at not being able to practise their religion, granted Fr Dixon conditional emancipation and permission to exercise his duties as a priest, probably on the representation of the former governor, John Hunter. Dixon was obliged to take the oaths of allegiance and abjuration, but was allowed to minister as priest as long as he and his congregation strictly obeyed the governor's orders.
King was so pleased at the salutary effect on the Irish Catholics that he decided to pay Dixon a salary of £60. But after praising the experiment in a dispatch of 1 March 1804, he soon put an end to it because he believed that, especially after the 1803 rising of Irish convicts called the ‘Battle of Vinegar Hill’ at Castle Hill, in reference to the County Wexford uprising, seditious meetings took place when Catholics met to attend Mass. During this insurrection Dixon accompanied Major George Johnston and the government troops and tried to remonstrate with the rebels, but without success. Thereafter King determined to enforce the convicts' attendance at Anglican services. Dixon continued to practise privately in the colony, as the evidence of baptisms and marriages shows: he was described in the 1806 Muster as 'Roman Catholic Priest, self-employed'. According to the letters of Michael Hayes, a leading Irish Catholic in the colony, Protestants as well as Catholics. contributed to his support. In 1808 he obtained permission to return to Ireland
Fr James Dixon, unknown to Bligh, had continued to minister until his return to Wexford in 1809. Later records indicate Fr Dixon performed at least two marriages in about 1807, between James Galvin and Jane Morgan, and William Davis and Catherine Miles. He also baptised Michael Hayes’s son Richard born in 1808, while Fr Harold baptised two of Hayes’s other children, Mary born in 1806 and Patrick born in 1810. It is highly likely that Dixon also baptised Laurence’s son Walter, born 1807/08, during this same period.
Fr James Dixon played an important role in the spiritual lives of the Irish rebels transported to Sydney Cove, until his Absolute Pardon, granted on 3 June 1809, and return to Wexford in October 1809, where he lived out the remainder of his life. He again worked at Crossabeg, where he became parish priest in 1819. He died on 4 January 1840 and was buried in the Crossabeg chapel. Crossabeg was close to Ballymurn where Michael lived and was probably his parish priest.
JOHN FOWLER
“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
“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 OF BALLYMURN, CO WEXFORD
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
Eleanor Maddock Hayes d.c.1780, and
Richard remarried to Mary Broe 24 June 1782 (daughter of David Broe b.1725, and Mary Roch)
Chn:
Patrick David bap. 17 July 1783
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 maltster in Main Street, Wexford Town.
Michael Hayes 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.
(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.
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.
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.
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)
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)
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.
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.
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.
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 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?
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.
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
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.
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)
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)
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.)
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
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
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
(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.
