Introduction.
In the last issue of Carlow Past and
Present Vol. 1 No. 4 1993 we published, "The Law Must Take its Course,"
compiled by Oonagh Warke MA. H. Dip, Archives. In the past year Dianne
Showden visited Carlow and presented a paper on, "These Unfortunate
Females," to Carlow County Heritage Society. It transpired that this
paper was a continuation of the story we had published. Entirely by
coincidence Dianne researched the same incident covered by Oonagh Warke.
With the assistance of Australasian archives Dianne was able to research
what become of the women after they left Ireland. Oonagh Warke in her
article had wondered if our "desperate characters," were fortunate to be
transported when they were, before they, who would have been in the
front line of victims, had to suffer the further afflictions of the
Famine." Unfortunately, it appears. their lives were no better in the
new world. If possible the following should be read in conjunction with
"The Law Must Take its Course."
Michael Purcell
These Unfortunate Females1
The story of Five Women from County Carlow, Ireland,
by Dianne Snowden
Presented by Dianne Snowden, South Hobart. Tasmania to the Sixth
Australasian Congress on Genealogy and Heraldry. Launceston. Tasmania.
Dianne is a member of the Genealogical Society of Tasmania Inc.
Launceston.
William Peter Butler. my great-great-grandfather, died at the age of 73
on 14 July 1909 in Cooma, NSW. His death certificate stated that he born
in County Clare, Ireland, the son of William and Margaret Butler. This
certificate also revealed that he had lived 62 years in NSW, years in
Tasmania. My search to discover why he spent two years in Tasmania2
led me to the story that follows. This paper does not pretend to cover
all the sources that are available, indeed, the research is still only
in preliminary stages, but it does give some idea of the type of
information that can he gleaned from a range of sources.
On 2
September 1845. the convict ship Tasmania (2) sailed from Dublin with
140 female convicts and 37 children3 . Included among them
was a group of five women with 11 of their children, from County Car1ow
in Ireland. Four of the women were tried together; the fifth was tried
for the same offence in the same place on the same day, in what was
possibly a separate incident. This paper outlines the fate of these
women, and their children, once sentenced.
The
four women who were tried together were Esther Burgess, Mary Burgess,
daughter of Esther; Margaret Butler and Mary Griffin. The fifth woman,
tried in the same county on the same day was Mary Byrne.
Margaret
Butler, Esther and Mary Burgess, and Mary Griffin were all tried on 2
April 1845 at Tullow, Easter Quarter Sessions in County Carlow for
stealing potatoes4. Mary Byrne was also tried in Carlow on 2
April 1845 for stealing potatoes5.
Before examining the lives of these five women individually, it is
interesting to look briefly at the overall picture of the convict women
on the Tasmania (2). The average age of the convicts on the Tasmania (2)
was 29 years, the oldest was 66 and the youngest was 16. Most of the
women received sentences of seven years, although there were two
sentenced to life, two to 15 years, and twenty to 10 years. A majority
were convicted of stealing - mostly clothes, watches, and other
property, but occasionally sheep or potatoes. Some were convicted of
receiving stolen goods, others of vagrancy. Of the two that were
transported for life, one was convicted of poisoning her husband of
three weeks; the other of strangling her fortnight old child.
Most of
the women had previous convictions, and several had been “on the town’,
for varying periods. A few had family members who had been transported,
some were tried with their family members or had family members on
board. A majority of the women were from Dublin and were housemaids.
Over two-thirds were single but there were more widows than married
women.
Several of those who were married had been left by their husbands for
some time. Seventy-two could neither read nor write, 50 could read and
16 could read and write, although some of these only a little6.
Esther Burgess, No. 769, was one of the oldest of the group of five. She
was a 45-year-old farm servant or washerwoman. She was five foot four
inches tall, with a fresh complexion, brown hair and eyebrows, grey
eyes, oval head and visage, low forehead, long nose, wide mouth, and
round chin. Her daughter, Mary Burgess, No. 771, was an 18-year-old farm
or country servant, nearly five foot four tall, with a fair complexion,
brown hair and eyebrows, grey eyes, oval head and visage, high forehead,
straight nose, wide mouth, and a dimpled chin.
Margaret Butler, No. 770
- called Margaret Butler the second in the convict records to
distinguish her from another Margaret Butler on board7 - was
a 40-year-old farm or country servant, just over five foot three, with a
fresh complexion, brown hair and eyebrows, grey eyes, round head and
visage, high forehead, small nose, wide large mouth, and round chin. She
had a “hair mole’, on the left side of her chin, two moles on the right
side of her chin and one on her right eye. Mary Griffin, No. 386, was
either 30 years old, according to her indent and description list, or
31, according to her convict record book. Unlike the others, she was a
house servant.
Four feet nine inches tall, she had a sallow complexion,
brown hair and eyebrows, grey eyes, oval head and visage, high
fore-head, straight nose, wide mouth, low chin, and a scar over her left
eye-brow. Mary Byrne, No. 768, was a 30-year-old farm or country
servant. She was nearly five foot two inches tall, with a sallow
complexion, brown hair and eyebrows, grey eyes, oval head and visage,
high head, pointed nose, wide mouth, and broad chin. All were Catholic,
except for Mary Griffin, whose religion was recorded as Church of
England. Esther and Mary Burgess, and Mary Byrne neither read nor write,
Mary Griffin and Margaret Butler could read. The two Burgess women,
Margaret Butler and Mary Byrne were all from Carlow; Mary Griffin’s
native place was recorded as Wicklow, an adjacent county.8
Much
of the information about the women comes from their, convict records.
The convict record books are particularly interesting for their
inclusion of convict’s own statement of his or her offence, taken before
disembarkation. It is thus possible to compare the official statement of
the convict’s crime with a personal statement in the own words, of the
five Carlow women, officially, all five women were transported for
larceny. Esther Burgess stated that her offence was stealing six stone
of potatoes, which were the property of Dick Tarle. Esther Burgess’
daughter, Mary, simply stated that she was tried with her mother and
Mary Griffin, “for potatoes”. Margaret Butler stated that her offence
was stealing 12 potatoes. Mary Griffin’s statement of her offence was
similar, “stealing potatoes”10. Mary Byrne stated that her
offence was stealing two stone of potatoes.9
-
(The trail record
obtained from the National Archives in Dublin gives a much more
complete account of the women's crime.
-
See "The Law Must
Take its Course" article by Oonagh Warke, page 120, vol. 1, Number
4, Carlow Past and Present, or as reproduced by Michael Brennan on
this website recently.
-
At this point I
have edited out two pages of Dianne's research as the Carlow,
Ireland background is already adequately covered in Oonagh's
article. The original complete research findings of Dianne Snowden
are lodged in Carlow County Library, Michael Purcell - Jan 2007).
The
trial record, obtained from the State Paper Office in Dublin gives a
much fuller account of the woman’s crime. See, “The Law take its
Course”. p. 120. vol. 1, no. 4, Carlow Past and Present. At this point I
edit out two pages of Dianne’s article as we covered Carlow background
in previous issue. Original in Carlow County Library.
The
ship Tasmania embarked on 8 August 1845 at Kingstown, sailed from Dublin
on 2 September 1845 and arrived in Van Diemen’s Land on 3 December 1845.
According to the ship’s surgeon, Jason Lardner, the health of the
convicts and children generally improved during the voyage; some of the
women, weighed at the beginning and end of the voyage, were found to
have gained weight. Fresh potatoes were issued daily to the convicts in
lieu of flour and ‘undoubtedly were of service in allowing their diet to
be gradually changed”. 20The ship’s surgeon commented in his
report that:
The
behaviour of the Convicts was on the whole very good. They were very
ignorant and made but slight improvement in their education during the
voyage, none were found capable of teaching and but few inclined to
learn - their principal offences were against discipline. A strict
attention was enforced to the established routine, which not only
induced regularity but, was also conducive to their health. In
conclusion I can not help but give testimony to the very liberal manner
in which everything was furnished for the use of these unfortunate
females. Jason Lardner Surgeon Superior.21
For
the majority of the five Carlow women, their medical complaints during
the voyage were minor; Esther Burgess, Margaret Butler and Mary Byrne
all suffered from diarrhoea; and one of Mary Griffin’s children was on
the sick list for a week with “lynanche”?. There were several cases of
diarrhoea, and the surgeon attributed this to the damp and sudden
changes. He claimed the cases were readily cured by common remedies and
their prevention was attempted by the occasional use of lighted stoves
below, and the issuing of additional clothing.22
Within days of sailing, Mary Griffin gave the surgeon cause for concern.
He diagnosed her case as one of dyspepsia and moral insanity. On 10
September 1845, at sea, he reported that she had been in the hospital of
the Carlow County gaol for two months with fever. The youngest of her
three children was weaned the week before embarkation. According to the
surgeon, Mary E. Griffin suffered much from sea sickness, and had been
confined to bed from the time the ship sailed, she was unable to keep
anything in her stomach, her bowels had not opened since being on board,
her tongue was foul and she had severe headaches. He prescribed medicine
and recommended that she be well washed and that her bedding be sent on
deck to be aired.
The following day, on 11 September, the surgeon
admitted her to the ship’s hospital, as she was weak, he recommended
gruel or arrowroot. After an enema. Mary Griffin’s bowels opened on 13
September, and according to the surgeon, she felt much relieved. He
continued to treat her in the ship’s hospital, but the constipation and
headaches continued. On 20 September, he recorded that she was very
sick, she had not passed a motion since 13 September, and she was
suffering severe pain in the region of her stomach. The enema was
repeated, on the 21 her bowels opened, the menses appeared, and she
regained her appetite.
Two days later, she lost her appetite but her
stomach was less irritable. He ordered her to get up for two hours
daily. On 30 September, he noted that, although she had continued to
take medicine, and her health had improved, her conduct had become
difficult; “she is morose, vindictive, and had secreted in her bed an
iron bar, threatening everybody”.23 On 3 October, he noted
that she was ‘quite well in health, but occasionally gets into a
paroxysm of rage without cause”.24 He discharged her from
the sick list.
On 27 November 1845, the surgeon again entered Mary
Griffin on the sick list. She was complaining of severe griping pain in
her bowels, she had not slept in her proper health for a week, being
suspicious of her messmates. He had no doubt that the present illness
was caused by exposure. He placed her in bed, prescribed medicine and
allowed her gruel. He noted that, since his last report on Mary Griffin,
she had occasionally been in a very excited state, quarrelling and
fighting. It had been found necessary to separate her from the others by
confining her in the solitary box.. By 30 November, Mary Griffin’s
bowels were better, but she was complaining of pain in her stomach, was
refusing her food and was speaking little. She claimed to have not
passed urine for a week, the surgeon observed a particular fullness over
the bladder. Her pulse was weak and she had more headaches. He allowed
her some preserved meat.
On 3
December 1845, when the ship arrived in Van Diemen’s Land, the surgeon
commented that Mary Griffin, “still persists she is in great pain being
unable to pass her urine”.26 A catheter was fitted but only
about a pint of urine was found in her bladder. She also complained of
pain in her bowels. By 6 December, her bowels had opened but she was
nauseated, was having excitations, her temper was irritable, and she was
very suspicious and vindictive. Consequently, she was again separated
from the others “as well as circumstances will admit”.27 By
9 December when the ship disembarked, the surgeon noted that, although
Mary Griffin appeared better in health, he thought it best to send her
to the Colonial Hospital, and she was admitted on that date. He saw her
a month later after this and later wrote that before he left the Colony,
she appeared to have quite recovered and was sorry for her former
behaviour.28
By
July 1849, Mary Griffin was a patient in the Lunatic Asylum, her convict
record shows that she escaped from the asylum on 3 July 1849 but was
caught on 23 July 1849, and was returned being insane” On 1 October 1852
she received her “free certificate”.30
I
have not been able to find a death recorded for Mary Griffin in
Tasmania. Nor does there appear to be a record of remarriage.
As
previously mentioned, Mary Griffin’s convict records shows a discrepancy
in the number of children who accompanied her. Although Mary Griffin’s
convict record book says that there were four children on board the
Tasmania two with her, her indent says that she had four children but
only three were on board. The surgeons report mentions only three
children. I have been able to identify three children from the records
of the Queen’s Orphan School. The children that I have identified are
11-year-old Eliza Griffin, 6-year-old Mary Ann Griffin, 3-year-old
Edward Griffin.
Eliza, Mary and Edward were all admitted to the Queen’s
Orphan School on 9 December 1845, the same date as their mother was
admitted to the Colonial Hospital. Eliza Griffin remained at the Queen’s
Orphan School until 6th August 1847 when she was ‘appd. By Agreement”,
to R. Shadforth, Port Philip, Her Sister. Mary Ann. stayed at the
Queen’s Orphan School until 19 February 1852, when she was “appd. to
John French ? Esq. of Longford Hall”. Edward Griffin was discharged to
his Mother “now free” on 13 December 1853.31
I
have not yet been able to trace these children after they left the
Queen’s Orphan School. It is possible that Mary Ann and Edward joined
Eliza in Port Phillip. Certainly, none of the three appear to be in the
Tasmanian Registrar - General’s Division, Birth, Death and Marriage
records to 1900. The children of the other women have also proved
difficult to trace.
ESTHER BURGESS
Apart from a reprimand for drunkenness on 13 July 1847, there is little
information about Esther Burgess’s life after her arrival in Hobart She
was granted her ticket of leave on 10 July 1849, and her free
certificate on 2 April 1852.32 Esther Burgess, described as a
46-year-old prostitute died on 31 May 1855, from the rupture of a blood
vessel in the left lung.33
Elizabeth Burgess 14 years old, 10-year-old Alicia Burgess. 8- year-old
Jane Burgess, and 5-year-old William Burgess were all admitted to the
Orphan School on 9 December 1845. Elizabeth Burgess remained there until
14 July 1846, when she was appd. to Charles Pulfery, Hobarton”. Alicia
Burgess remained there until 8 January 1849 when she was discharged to
her sister Elizabeth Burgess. Esther Burgess’ youngest daughter, Jane
remained in the orphan school until 25th Sept 1849, when she was
discharged to her mother T. L. William Burgess remained there until 25
March 1853 when he was discharged to his mother,” now free”. The
youngest of Esther Burgess children. 2- year-old Robert, was not
admitted to the Orphan School until 13 May 1846, he died in hospital, of
inflammation of the lungs, on 15 November 1846.34
MARY BURGESS
After arrival, Mary Burgess, like the others, had a six month period of
gang probation, stationed on the Anson, becoming a Class 3 convict on 16
June 1846. On 3 July 1847, she received three months hard labour for
disobedience of orders. She received her ticket of leave on 5 June 1849,
and her free certificate on 20th April 1852.35
On 24
September 1849, Mary Burgess and Thomas Jones applied for permission to
marry36 This was approved, and on 15th October 1849, they
were married in St. Joseph’s Church, Hobart, by the Very Reverend
William Hall. On the marriage record, Mary Burgess was described as a
19-year-old spinster and servant, Thomas Jones was a 32- year-old
bachelor and cabinet-maker. Witnesses were William and Bridget Briggs.
Thomas Jones signed his name, Mary Burgess her mark. William Briggs
signed his name, Bridget Briggs her mark. 37 A couple named
William Peter Briggs and Bridget Gallagher were married in Hobart on 4th
September 1848, from the AOT Convict Permission to marry Index, Bridget
Gallagher arrived on the Tasmania.38
Thomas Jones, a 32 or 42-year-old Protestant joiner and cabinet-maker,
from Bristol, arrived on the London on 10 July 1844. He had been tried
at the Lancaster Assizes at Liverpool on 16 December I 843 and sentenced
to transportation for seven years for uttering a counterfeit shilling.
He had previously received 12 months for a similar offence. He was five
foot two, with a fresh complexion, black hair, eyebrows, whiskers and
eyes, an oval head and visage, high-broad forehead, long nose. small
mouth and broad chin.
On his right arm, he had the hull of a ship
tattooed, He had a small scar on his left wrist and another under his
right ear, as well as a scar on his right eyebrow. After arrival, his
offences included being in a public house on Sunday during divine
service (on 13 February 1847). He received his ticket of leave on 18
July 1848 and his free certificate on 16 December l850.39
Thomas and Mary Jones had at least 10 children. The eldest, a daughter,
Amy, was born on 14 September 1850, in Hobart.40 The
remaining nine children, all born in Launceston, were:
Thomas Jones born 26 June 1852, Ann Jones born 15 July 1854, Henry Jones
born 29 November 1856, Alice Jones born 9 May 1859, Male born 20 July
1861, Eliza Jones born 18 January 1864, Female born 24 April 1866, Male
born 13 August 1868, Female born 17 June 1871
41
To
date, I base not traced these children, although I have noted possible
marriages, two of which seem plausible. On 26 December 1872. Amy Jones.
22-years-old and living with her parents, married Richard Ferrall. a
23-year-old cabinet-maker in the Church of the Apostles. Launceston.42
On 9 March 1875, Thomas Jones, a cabinet-maker at’ full age’,
married Emma Johnson, a tradesman’s daughter, also of full age. The
ceremony, according to the rites and ceremonies of the Free Church of
Scotland, took place in Chalmers Manse, Launceston.43
There
are at least two possible deaths in Launceston for Mary Jones, the first
is Mary Jones, a 60-year-old Irish born widow, who died of bronchitis
and pneumonia on 31 December 1888 at Margaret St., Launceston.44
The second is Mary Jones. a 68-year-old Irish-born widow, who died of
pneumonia on 31 March 1898 at Invermay.45
Although there are several deaths recorded in Launceston for people
called Thomas Jones, there appears to be only one who was a
cabinet-maker. Thomas Winton Jones, a 75-year-old cabinet-maker, died on
3 July 1886 at St. John Street, Launceston, of inflammation of the
bladder.46 It is not possible to say, at this stage, whether
this is the one who married Mary Burgess.
MARGARET BUTLER
Margaret Butler received her ticket of leave on 3rd July 1849, and her
free certificate on 25 May 1852. She had no offences or sentences
recorded on her convict record47
There
were two Margaret Butlers on the Tasmania (2), both from Carlow.
Margaret Butler the first was a 22-year-old country servant, single with
no children, the other was Margaret, the mother of two.48 The
.AOT Convict Permission to Marry Index has two entries for Margaret
Butler per Tasmania (2), one, in 1847, to George White, the other, in
1850., to John Shakleton.49
It is
not possible to tell from the marriage records which is Margaret Butler
the first and which is Margaret Butler the second. (On 16 August 1847,
George White, a labourer of full age, married Margaret Butler, spinster
of full age, in Holy Trinity Church of England, Hobart.51’ On
24th May 1850, Margaret Butler, a 35-year-old servant, married John
Shakelton, a 42-year-old labourer in St. Joseph’s Church Hobart.51
However, records of the Queen’s Orphan School show that Margaret Butler.
who married John Shakelton, is Margaret Butler the second. Margaret
Butler Axor Shakelton died on 4 November 1855. Her age is given as 31
years - possibly a mistake for 51 years.52 Mary Ann Butler
was readmitted to the Orphan School in 1855 upon the death of her
mother.
John
Shakleton arrived on the Marquis of Hastings (2) on 8 November 1842. He
was a 42-year-old drover and Waggoner, whose Native Place was Todmington
in Yorkshire. He was a Protestant who could read. Just over five foot
nine tall, he had a fresh complexion, light hazel eyes, brown hair and
eyebrows, reddish whiskers, oval face, long visage, high broad forehead,
a long nose, medium mouth, and a long chin. Part of his little finger on
his left hand was missing, and he had a scar on the third finger of his
left hand and he was “stout made”. He was tried in Lancaster Salford
Quarter Sessions on 11 April 1842 and sentenced to 10 years for larceny.
He stated his offence to be stealing some cotton cloth, about four
hundred yards, the property of Mr. Howe’s? of Todmington. He had been
convicted before, for seven years, for stealing potatoes, and had served
three years at the penitentiary. His conduct according the surgeon’s
report, was “good”.
After his arrival, his period of primary labour was
to be two and a half years, to which another two months was added on 27
April 1842, when he was found absent without leave during the dinner
hour. He emerged from the gang, stationed at Southport, on 5 August
1845. On 23 September 1846, he was found guilty of larceny under £5, for
which he received two months imprisonment and hard labour at Broadmarsh.
On 23 May 1848, he was granted his ticket of leave and almost a year
later, on 26 June 1849 John Shackleton was recommended for a Conditional
Pardon, this was approved on 15 October 1850.
On 4 June 1852, he was
awarded his free certificate.54 On 24 May 1850, John
Shakelton and Margaret Butler were married in St. Joseph’s Church,
Hobart.55 After a little more than five years of marriage, on
Sunday 4 November 1855 Margaret Butler died in the Colonial Hospital of
a fracture and contusions.56 Five days later, the Hobarton
Mercury reported that a coroner’s inquest, to enquire into the death of
Margaret Shackleton, was held at Mr. Parson’s, Waterman’s Arms,
Liverpool Street, before Mr. A. B. Jones and a respectable jury.57
The
jury with the coroner and witnesses, viewed the body at Margaret
Shackleton, which, according to the newspaper presented a shocking
spectacle, the face, head, and upper part of the body exhibiting a mass
of bruises and the upper part of the left arm being fractured, theme
were bruises also on other parts of the body”.58
Dr.
Downing gave evidence that the deceased was admitted to the Colonial
Hospital on the evening of 2 November, as a result of injuries which she
had received five days before. He found “extensive bruises on various
parts of her body and especially on the head and face, the scalp was
also much bruised and was covered with bloody tumours, the left upper
arm was fractured and the whole of her arm bruised, the pulse was low
and feeble and the surface of the body was cold, she was sensible at
times but required rousing, she slept during the night but was
occasionally delirious, the next morning she was worse and at 7 o’clock
on Sunday evening she died”.59
A
post-mortem examination revealed that the surface of her body was much
bruised, with scars on several parts and scratches on her hands. It also
indicated that the injuries to her head were sufficient to cause death
by concussion and compression of the brain. The examination also found
that the fracture of the arm had not in any way caused death but had
tended to aggravate the head injuries, by increasing the deceased’s
debility. The deceased was of a debilitated constitution from habits at
hard drinking, and the injuries had taken a greater effect than if she
had been a healthy woman, she would not have inflicted the wounds to
herself unless she had been insane when she might have knocked her head
against a wall, or beaten herself with her fists. The report continued
that the deceased did not exhibit the slightest indications of insanity.60
Dr.
Brock gave similar evidence, with the exception that he attributed the
cause of death to a shock of the nervous system and not to concussion of
the brain.61
Another witness. Dr. Crowther, stated that he first saw the deceased on
the previous Friday when he was requested by a man in Bathurist Street
to see his wife, who had been drinking and fighting with her neighbours.
Dr.
Crowther found the woman in bed, and in great pain from the injuries she
had received. He considered her in great danger, as she exhibited
symptoms analogous to delerium tremens and was sinking from nervous
exhaustion. He communicated the circumstances to the police and the
deceased was removed to the Colonial Hospital. Dr. Crowther believed
that death was caused by shock to the nervous system, the injuries
appeared to have been caused by a severe beating.
The doctor was
suspicious of Shakleton’s communicative manner in reference to his
wife’s fighting with the neighbours, he enquired how the injuries
occurred and a woman named Ward said that the husband of the deceased
had beaten her, and turned her naked out of doors. Wad described him as
a tall, sharp featured man. with a red face and light hair. From the
nature of the injuries, Dr. Crowther concluded that they might have been
inflicted while the deceased was lying on the ground.62
Dr.
Stokell stated that he had seen the deceased, much bruised, on Friday at
Lansdowne Crescent. Muttering severely, the deceased had said that
“John” had beaten her. Considering that she was in danger, he advised
her to go to the hospital but she refused. Dr. Stokell gave his opinion
that death was caused by shock to the nervous system. and not by
concussion or compression of the brain.63
From
the evidence of various witnesses, the story was pieced together. On
Monday, 29 October, cries of murder were heard in Shackleton’s house. On
going there, some of the neighbours found the deceased on the ground in
her chemise with her husband standing over her and beating her. He had
torn the chemise from her body and kicked her on the arm. She was then
taken from the house and a blanket putt over her. It was shown that the
deceased had told several people that her husband had killed her by
beating and kicking her.
On being asked why he had done this, Shackleton
had said that he had given his wife one pound on Sunday to get some
dinner, but she had not done so. He also said that if his wife
recovered, he would never beat her again but would go clean out of the
country. A witness named Mary Ann Ward stated that both Shackleton and
his wife were in the habit of getting drunk on Saturday, Sunday and
Monday, and that then they always quarrelled. It was shown also that the
deceased had been beaten on several occasions since Monday 29 October
and one witness named Angelina Stewart stated that Shackleton more than
once had told her that he would kill his wife.64
The
jury returned a verdict of manslaughter against John Shackleton and the
coroner issued a warrant for his arrest on that charge.65 A
month later, the newspaper reported that John Shackleton had been
apprehended by Constable Gordon and lodged in her Majesty’s goal.
According to the newspaper, ‘The evidence adduced at the inquest was of
a fearful description, the prisoner was brought before the Chief Police
Magistrate on Monday, and remanded to gaol to await his trial.66
On 4
December 1855 John Shackleton, described as a 59-year-old labourer, was
tried for the murder of Margaret Shackleton, and was sentenced to “life
in penal servitude”, at Port Arthur. It is interesting to compare John
Shackleton’s 1855 convict description with his earlier one, in 1842, his
hair had changed from brown to grey, and he no longer had whiskers, his
complexion had changed from fresh to muddy, his head from oval to large,
his visage from long to oval, his high broad forehead was of medium
size, his long nose and chin were also of medium size, and, curiously,
his eyes had changed from light hazel to blue. His record notes to
“freedom 8 April 1872”. He was granted a free pardon on 24 March 1873,
when he was about 71 years old.67 On 7 April 879, John
Shackelton died, of old age, at Brickfields Pauper Establishment. His
death record states that he was born in England, and was an 83-year-old
labourer.68
Tracing Margaret Butler’s children, like tracing the children of the
other women, has not been easy. Her son, William Butler, was admitted to
the Queens Orphan School on 9 December 1845, at the age of 10, he
remained there until 17 January 1847, when he was “Apprenticed to the
Rev. Richard Walsh of Geelong”69 It is possible that he is
William Peter Butler, who died, at the age of 73, on 14 July 1909 in
Cooma, NSW. William Peter Butler’s death certificate stated that he was
born in County Clare. Ireland, the son of William and Margaret Butler.
This certificate also revealed that he had lived 62 years in NSW, and
two years in Tasmania.70
Margaret Butler’s daughter, Mary Ann, was admitted to the Orphan School
on 13 May 1846, when she was two years old, she remained there until 10
May 1851 when she was discharged to her mother. “T.L.”. She was
re-admitted at the age of 11½, on 7 December 1855, upon the death of her
mother. She remained there until 17 January 1859, when she was
apprenticed to Mrs. Mary O’Boyle? of Hobart Town.71 I have
not been able to trace her after that date.
MARY BYRNE
On 5
January 1849, Mary Byrne was found guilty of being absent without leave
and of ‘having been delivered of an illegitimate child”,72
For this, she was sentenced to six months hard labour. I can find no
record of this child’s birth. However, Martin Byrne, a female convict’s
child, died of dysentery on 21 May, 1850 aged 18 months.73 I
have not set been able to trace his birth registration, and as the
father of Ann Byrne was Martin Murphy, with whom Mary Byrne had lived
for two years, this may possibly be Mary Byrne’s child. A few months
later, Mary Byrne’s daughter Ann, who had accompanied her from Ireland,
also died. Ann Byrne had been admitted to the Queen’s Orphan School on 9
December 1845 at the age of 2¼74 At the age of 5 years 8
months, Ann Byrne, orphan school girl, died of inflammation of the
brain.”
Mary
Byrne received her ticket of leave on 11 June 1850 or 1851. On 2 July
1850 or 1851 Mary Byrne was found guilty of using abusive language. She
was admonished and discharged but ordered to change her residence. On 7
June 185276 Mary Byrne was issued with her free certificate.
On 3 June 1851, Mary Byrne and Thomas Cann applied for permission to
marry.77 However, I can find no record of their marriage.
A
widower with two children, Thomas Cann arrived aboard the Maria Somes on
9 August 1850. He had been tried at Taunton assizes on I April 1848 and
sentenced to seven years for maliciously cutting and stabbing a
constable. He was 34, a literate protestant engineer who could also fit.
Just over five foot four, he had a sallow complexion; brown hair,
whiskers and eyebrows, medium size head and forehead, oval visage, and
some small sears on his left arm. He received his ticket of leave on 9
September 1850 - on month after he arrived. In March 1853, his convict
record book noted that he would be recommended for a conditional pardon
if he was prepared to pay £15, £7.10s 0d before and £7. 0s 0d after the
pardon was approved. On 3 April 1855 his free certificate was issued.
78
Thomas and Mary Cann had at least two children. The first, Henry Cann,
was born on February 1852 in Hobart. From information on the birth
registration, Thomas Cann was an engineer. The informant was Mary Cann,
mother, Balhurst Street.79’ The second child was Ann Cann,
born on 7 December 1854 in Hobart. Her parents are recorded as Thomas
Cann, an engineer, and Mary Cann formerly (blank). The space for the
informant is also blank.80
The
next child born to Thomas Cann was a female born on September 1859, to
Thomas Cann, engineer, and Mary formally Allen. The informant was Mary
Cann, mother, Victoria Street on 7 November 1859.81 I thought
her mother’s former name Allen. May have been a mistake or perhaps an
alias, particularly after the blank section on the birth registration of
the previous Cann child. To make sure, I checked the marriages for
Thomas Cann, cross-referencing to Allen. the index lists a marriage for
Thomas Cann and Jane (not Mary) Allen in 186082 I then looked
for a death for Mary Cann formerly Byrne, successfully. On 19 October
1858, Mary Cann (born Ireland, died Harrington Street), 38-year-old
engineer’s wife, died of consumption. The informant Thomas Cann,
husband, Harrington Street.83
I
have not yet traced Henry Cann. Ann Cann, aged 3 year and 8 months, died
of worm fever and convulsions, on 10 August 1858. Just a few months
before her mother’s death.84
Family history research often raises more questions than it provides
answers. Whether William Peter Butler who died in Cooma. NSW in 1909
was, in fact, the child who arrived in Hobart on Tasmania (2) in 1845
may never be known. But the story of the child William, his mother
Margaret, and the other women and children from County Carlow itself an
interesting story, and even in the preliminary stages of research, it
provides an example of the types of information that can be used to put
“flesh on the bones” of our ancestors, Whether the five women from
County Carlow were desperate characters”, or “unfortunate women may
remain an unanswered question. But, whatever motivated the women to
steal potatoes in April 1845, their life can not have been easy, famine
in Ireland, families to support, trial, imprisonment, and
transportation, an uncomfortable sea voyage, and life in an unfamiliar
country all suggest that they were indeed “unfortunate women”.
Two of
the women died within 10 years of arrival, one a prostitute and the
other beaten to death by her husband, another died or consumption 13
years after arrival, after losing two and possibly three children as
infants, one spent a period in the lunatic asylum; and one married and
had at least 10 children. Of the 11 children that accompanied them, it
is difficult to make any firm conclusions, after preliminary
investigation, they prove elusive. Tracing descendants, rather than
ancestors, is often difficult, particularly if the descendants have made
a “fresh start”. Two of the children, Robert Burgess and Ann Byrne, died
in the Queens Orphan School. At least another two, Eliza Griffin and
William Butler, left the state as children, perhaps their brothers and
sisters followed.
Whether the story of the five women from County Carlow proves to be yet
another example of genealogical side-tracking or is productive family
history research, its importance perhaps lies in helping to see Esther
and Mary Burgess, Margaret Butler, Mary Byrne and Mary Griffin as not
just a group of convict women, as names and numbers on a piece of paper,
but as individuals as real people, with their own life stories.
Reference Notes:
- 1. Admin 101/71 Reel 321I: Surgeon’s Report
Tasmania (2).
2. NSW’ Death Certificate 1909 William Butler.
3.
Bateston Charles. The Convict Ships 1787- 1868. first published
Glasgow 1959 this edition Sydney. 1984. pp 368-9.
4. CON 41/8 Record
Book. CON 15/3 Indent: State Paper Office Dublin: Trial Record:
Margaret Butler 1845 CFR 1845 Bl4.
5. CON 41/8: CON 15/3.
6. CON
15/3.
7. CON 15/3 pp. 220-221. Margaret Butler the first was a
22-year-old servant. from Carlow. tried in Carlow on 17 October 1844
for stealing five yards of cashmere.
8. CON 41/8. CON 19/5.
9. CON
41/8: CON 15/3.
20. Admin 101/71 Reel 3211.
21. ibid. one female
convict. Ellen Sullivan. died during the voyage.
22. ibid.
23. ibid.
24. ibid.
25. ibid.
- 26. ibid.
27. ibid.
28. ibid.
29 CON 41/8.
30.
ibid.
31. SWD 28/I Register of children admitted and discharges from
the male and female orphan school 19 March 1828-July 1863 pp. 20.
26.
32. CON 41/8.
- 33. RGD 35/5 hobart 1855 No. 255
- 34 SWD 28/1. pp.
20:26:27: RGD 35/2 Hobart 1846 No. 1236.
- 35. CON 41/8.
36. CON 52/3
p.237.
37. CON RGD 37/8 1849 No. 404.
38. RGD 37/7 1848 No. 1904:
CON 52/3 p. 15.
39. CON 33/56 14/28. The record book gives his age
as 32: the indent as 42.
40. RGD 33/3 1850 No. 2735a.
41. RGD 33/30
Launceston 1852 No3618. RGD 33/32 Launceston 1854 No. 652. RGD 33/35
Launceston 1857 No. 792. RGD 33/37 Launceston 1859 No. 1074, RGD
33/39 Launceston 1861 No. 305. RGD 33/42 Launceston 1864 No, 988.
RGD 33/44 Launceston 1866 No. 960. RGD 33/46 Launceston 1868 No
1972. RGD 33/49 Launceston 1871 No. 533.
42. RGD 37/31 1875 No. 400.
43. RGD 35/34 1875 No 400.
44. RGD 35/37 Launceston 1898 No. 7.
45.
RGD 35/67 Launceston 1898 No. 158.
46. RGD 35/55 Launceston 1886 No.
238.
47. CON 41/8.
48. CON 41/8: CON 15/3.
49. CON 52/2 p. 398; CON
52/2 p. 411.
50. RGD 37/6 1847 No. 916.
- 51. RGD 37/9 1850 No 499.
52. RGD 35/5 Hobart 1855 No. 439.
53. SWD 28/1 p. 44.
54. CON 33/29;
CON 14/16: CON 18/33.
55. RGD 37/9 1850 No. 499.
56. 35/5 Hobart
1855 No. 439.
57. Hobarton Mercury. 9 November 1855 p. 1. col.5.
58.
ibid
59. ibid.
60. ibid.
61. ibid.
62. ibid.
- 63. ibid.
- 64. ibid.
- 65.
ibid.
66. Hobarton Mercury. 6 December 1855 p 3 col.5.
67. CON 37/8
p. 2799; CON 33/29.
68. ROD 35/9 Hobart 1879 No. 1820.
69. SWD 28/I
p. 20
70. NSW Death Certificate 1909 William Peter Butler.
71. SWD
28/1 pp 27.44.
72. CON 41/8.
73. RGD 35/3 Hobart 1850 No. 181.
74.
SWD 28/1 p. 26.
75. RGD 35/2 Hobart 1849 No. 2419 SWD 28/1 p. 26
gives date of death as 10 May and the cause as marasmus.
76. CON
41/8.
77. CON 52/3 p. 82; CON 52/4.
78. CON 33/96; CON 14/41.
79.
RGD 33/4 Hobart 1852 No.1189.
80. RGD 33/6 Hobart 1855 No, 1658.
81.
RGD 33/7 Hobart 1859 No. 2886.
82. RGD 37/19 1860 No. 311.
83 RGD
35/5 Hobart 1858 No. 1166.
84. RGD 35/5 Hobart 1858 No. 1033.
-
Source:
Carlow Past & Present Vol. 1 No. 5. 1996 p.162
NEXT PAGE
CONVICTS 6
- The information contained in these
pages is provided solely for the purpose of sharing with
others researching their ancestors in Ireland.
- © 2001 Ireland Genealogy Projects,
IGP TM