James Bros
This is story about my third great grand uncles, Cornelius, Robert and John James – all sons of William and Lettitia.
I will start with John. John was born in about 1806 in Berkshire and I have, thus far, been unable to trace a baptism record for John, but there are two links to Cornelius and Robert, the first being on Cornelius and Robert’s Convict Indents of 1 July 1834 where it states ‘Brother, John James, nine years ago.’ The second link I will mention later. According to the Australian Convict Ships 1786-1849 Indents (State Records Authority of NSW, 2022)(Nrs 1288) John was a 20-year-old farmer’s man and a native of Berkshire when he was convicted at Oxford Assizes on 5th July 1826; this would put his birth date around 1806.
John was convicted of breaking into the home of an Edward Sherwood and stealing, with the aid of Stephen Williams and Robert Mason, a copper furnace. Following are three of the newspaper articles published about the incident:
“City and County Intelligence” Oxford University and City Herald, 1st July 1826 from The British Library Board at www.findmypast.co.uk:
‘On Monday next, the Assizes for the county of Berks will be held at Abingdon, before Mr. Baron Garrow and Mr. Justice Burrough; and on Wednesday their lordships will open the commission for this county, but will not proceed with the business of either court until Thursday morning, when the following prisoners will take their trials:-
Stephen Williams (22), John James (18), Robert Mason (21), charged on suspicion of stealing, and having in their possession, a copper kettle, value 20s, the property of E. Sherwood.’
“Oxfordshire Assizes” Oxford University and City Herald, 8th July 1826 from The British Library Board at www.findmypast.co.uk:
‘On Thursday last, our Assizes commenced before Mr. Justice Burrough and Mr. Baron Garrow, at the Town Hall, and after the usual preliminaries had gone through, the following Gentlemen were sworn of the Grand Jury:-…Mr Justice Burrough in his charge to the Grand Jury complimented the county on the small number of prisoners for trial…
Stephen Williams, John James, and Robert Mason were severally capitally convicted of breaking into and entering the dwelling-house of Edward Sherwood, and stealing therefrom a copper furnace, of the value of 20s.
Edward Sherwood, of Sonning, left his premises safe fastened at nine o'clock on the night of the 2nd April; on the following morning he found his premises had been broken into, and a copper, which he had had in his possession 11 years, had been stolen; it was his wife's; she had it before he married her;- knew the copper from a hole near the rim, and another near the bottom, made with a prong grain; it had been used to run lye through; it was not fixed.
John Cox, servant to Mr. May, of Henley, proved that the prisoners offered the copper for sale at his master's shop; the prisoners said they brought it from Reading, when Mr. May said, "Tis very strange you should bring it from Reading to Henley for sale," and refused to buy it.
The Town Beadle of Henley, and Richard Potter, constable, watched the prisoners about the town until they (the prisoners) contrived to sell the copper to a man named Cook, for 1l 1 1/2 d. when they took them into custody.
One of the prisoners (James) put in a written defence, stating that he was a man of respectable connections, and that he could have brought several persons to give him a good character, did they not live a good way off; that he was quite innocent of the crime he was charged with; he had no knowledge of it till he was taken into custody; he obtained his livelihood honestly by buying and selling poultry; that he accidentally met the other prisoners, who were in the act of buying the copper, and not having money enough, he lent them six shillings, and the reason he kept in their company was to get the six shillings he had lent them.- The other prisoners also put in a written defence, declaring themselves to be occasional dealers in metals, and that they had bought the copper of a person did not know;- hoped the Jury would bear in mind that they had never been seen near the premises where the robbery was committed, and assured them they were very honest, innocent men.- The Jury, however, being of a different opinion, returned a verdict of Guilty. Death recorded.’
“OXFORD Saturday, Aug. 26.” Oxford Journal, 26th August 1826 from The British Library Board at www.findmypast.co.uk:
‘Thomas Newbrook, who was at our last City Sessions to be transported for seven years, was on Tuesday last removed to the hulks at Portsmouth; and on the following day, Robert Mason, John James, Stephen Williams, Wm. Arnold, (for life) and W. Waite (for 14 years), were removed from our county gaol to the same place.’
John sailed from Portsmouth on Tuesday14th April 1827 aboard the Marquis of Hastings, arriving in Sydney, via Tenerife, on Sunday 29th July 1827. The ship was built in 1819 in London and captained by John Jeffrey Drake (Lesley Uebel & Hawkesbury on the Net, 2022). An example of a prison ship is shown below:
Prison ship in Portsmouth harbour c. 1829 by William Edward Cooke (Trove, 2022)
The Indenture of 1827 (State Records Authority of NSW, 2022) states that John was ‘disposed’ (bound) to Wm Harper, Surveyor. This document gives a description of John; he was 5 feet 7 and a half inches tall, with a dark ruddy complexion, black hair and dark brown eyes.
John appears in the November 1828 Census of New South Wales (NSW Government, 2022). His age is recorded as 21, which would again, put his birth year at around 1807. He is described as a labourer to W Harper in Luskintyre, which is a small rural area within the Maitland district (Australias Guide Pty. Ltd., 2020). William Harper had worked in Scotland as a surveyor before travelling to Hobart, Van Diemen’s Land (now Tasmania) aboard the Westmoreland and arriving on 5th May 1821 with his wife, Catherine and daughter Elizabeth. William Harper had in excess of 25 convict servants assigned to him, one of which was John’s future wife, Lucy (or Lucinda) Sweeney (Willets, 2022). This is a picture of William Harper’s home.
William Harper’s Hunter Valley house - Oswald (LongReed, 2012)
John (convict number 27/1294) was granted a Ticket of leave* in 1837 (number 37/1356) (State Records Authority of New South Wales, 2022), during which time his marriage, conducted by G K Rusden, took place to Lucinda (Lusinday) Sweeny, a widow and native of Fermanagh, who was convicted in 1826 in Donegal for vagrancy and sentenced to seven years transportation. I will talk more about Lucinda later. (*written across the ticket is ‘ticket of leave torn up James having obtained Cond Pardon 15th March 1845’)
John was granted a conditional pardon, number 77 in 1843 and recommended again for a conditional pardon by T H Smith, Geo. Wyndham and E D Day in 1844 (State Authority of New South Wales, 2022). This conditional pardon was granted on 15 March 1845(No. 45/344); a conditional pardon required the convict to reside within the colony for the remainder of their sentence which, in John’s case, was for the rest of his life and he never regained his freedom (State Records Authority of New South Wales, 2022).
John, now a farmer of Maitland, died on 21 July 1849 and was buried on 24 July 1849 by G K Rusden (the clergyman who also conducted his marriage) in the Church of England Parish Church of Maitland (Genicert, 2022).
Cornelius was baptised on 25th November 1803 at All Saints church in Wokingham, Berkshire (Berkshire Family History Society, 2022) and married Harriet Rawlins in Church Oakley, Hampshire on 14th October 1823 (Hampshire Genealogical Society, 2022). Cornelius and Harriet had four children – William (1824), Olive (1825), Mary Ann (1830) and Henrietta (1833).
Robert was baptised on 25th August 1805 at St Nicholas’ Church in Charlwood, Surrey (Surrey History Centre, 2022) and married Ann Poole at St Laurence’s Church, Reading on 28 November 1826 (Berkshire Family History Society, 2022). Robert and Ann had five children – Henry (1827), Samuel (1829), Maria (1831), Stephen (1834), and Caroline, who was baptised on 30 December 1836 and whose father is named, oddly, as Robert James of Bank Place (the same place given on the transcription of Maria and Stephen’s baptism records). However, the petition lodged by Robert’s mother-in-law in August 1834 (detailed later) states that Robert had four children, and as he was also in Australia some two years before her birth, I assume that Caroline was born illegitimately.
Cornelius and Robert were both convicted on 1 July 1834 (The National Archives, 2022) and transferred from Reading gaol to Woolwich to set sail aboard the Bengal Merchant under William Campbell on 18th July 1834 (The National Archive, 2022), where they were transported to Australia, arriving on 30 January 1835 (Genealogical Society of Victoria, 2015). Following are some newspaper articles detailing their downfall:
“FELONY. FIVE GUINEAS REWARD.” Berkshire Chronicle and Bucks and Windsor Herald, 29th March 1834 from The British Library Board at www.findmypast.co.uk:
‘WHEREAS , CORNELIUS, otherwise NAYLOR JAMES, and ROBERT JAMES, are charged with FELONY, committed in the parish of HAMPSTEAD NORRIS, Berks, in the night of Saturday, the 23rd inst, and have absconded from justice. They are gipsies, and brothers, usually travelling as basket makers, and well known in Berkshire and the surrounding counties, describing themselves as natives of Mortimer, but supposed to be natives of Oakingham.
Cornelius James is about 30 years of age, 5 feet 8 or 9 inches high, and wears a brown frock coat, corduroy breeches, and a white hat. He has been in the Berkshire Militia. Robert James is about 29 years of age, with dark hair, rather thick set, generally wears a brown smock frock and black hat.
Whoever will apprehend and lodge them in either of his Majesty’s gaols, shall receive the above reward from Mr. JOB LOUSELY, of Hampstead Norris, together with all reasonable expences thereby incurred, and information is requested to be give to Mr. FRANCIS CROWDY, Solicitor, ILSLEY and SPEENHAMLAND, Berks.
March 29th, 1834.’
“NEWBURY.” Berkshire Chronicle and Bucks and Windsor Herald, 5th April 1834 from The British Library Board at www.findmypast.co.uk:
‘In our last paper we gave an account of the chase after some gipsies, suspected of stealing a pig belonging to Mr. Job Lousley, of Hampstead Norris, and the escape of two fellows named James, for whose apprehension a reward is offered. The place where the camps were pitched, Green Hams, is a very lonely spot, being nearly surrounded by woods, just at the junction of three parishes, and not within a mile of any dwelling house. There are several places where it appears that pigs have, during the past winter, been burnt, and from the following list of articles, in the possession of the constable of Hampstead Norris, it will be seen that these marauders were not over nice in their pilfering: - A brown mare in foal, with white face and white legs and a large spot of white on the near side under the belly. – A black mare colt two years old with three white heels, and a star in the forehead. – A black dog of the lurcher kind. – A strong cart, nearly new, painted blue and green, and marked Cornelius James, Mortimer, Berkshire. – Five sacks, one marched R. Church, Dudmore Lodge, Wilts, another marked J. Vines, Reading, another marked T. Searle, Reading, another marked – Goddard, Brimpton, Berks, and the other marked J. Andrews, Neatham Mill, also a waggon cloth, marked Redden, Bradfield. – Four sheep skins, two of which were taken off in a very clumsy manner, by no butcher, one a leg skin with a spot of ruddle on the off hip, and a ruddle mark on the pull, another leg skin without a mark, and two sheep skins with a blind pitch mark on the near hip. – A large brass kettle holding about ten gallons, when found it was beaten up together. – A good flue fishing net, and part of another net nearly new, a fishing line and eel hooks. – An iron spanner marked C. H. Persons having lost any such articles should apply to the Constable, with whom they are deposited for the purpose of being identified.’
“FELONY. FIVE GUINEAS REWARD.” The Hampshire and Southampton County Newspaper, and General Advertiser. 14th April 1834 from The British Library Board at www.findmypast.co.uk:
‘WHEREAS CORNELIUS, otherwise NAYLOR JAMES, and ROBERT JAMES, are charged with Felony, committed in the parish of Hampstead Norris, Berks, in the night of Saturday the 23d March last, and have absconded from justice. They are gypsies and brothers, usually travelling as basket makers, and well known in Berkshire and the surrounding counties, describing themselves as natives of Mortimer, but supposed to be natives of Oakingham.
They are supposed to be now in the Neighbourhood of WINCHESTER or WHITCHURCH, having been lately heard of at the latter place.
CORNELIUS JAMES is about 30 years of age, 5 feet 8 or 9 inches high, and wears a brown frock coat, corduroy breeches, and a white hat. He has been in the Berkshire Militia.
ROBERT JAMES is about 29 years of age, with dark hair, rather thick set, about 5 feet 7 inches high, and frequently wears a brown smock frock and black hat.
Whoever will apprehend and lodge them in either of his Majesty’s Gaols shall receive the above Reward from Mr Job Lousley, of Hampstead Norris, together with all reasonable expenses thereby incurred; and information is requested to be given to Mr. Francis Crowdy, solicitor, Ilsley and Speenhamland, Berks. – April 11, 1834.’
“NEWBURY.” Berkshire Chronicle and Bucks and Windsor Herald, 26th April 1834 from The British Library Board at www.findmypast.co.uk:
‘Committed to Reading gaol, by J. Alexander, Esq.,… Cornelius and R. James, two of the gipsey tribe, who were apprehended on Monday last at Farnham, Surrey, charged with stealing a pig about a month since, the property of Mr. Job Lousley, at Hampstead Norris, remanded for further examination.’
“COMMITMENTS TO OUR COUNTY GAOL.” Reading Mercury, May 5, 1834 from The British Library Board at www.findmypast.co.uk:
…Robt. James and Cornelius James, by E.B. Bunny, esq., charged with stealing a pig at Hampstead Norris, and a waggon cloth at Binfield;…
“ABINGDON SESSIONS.” The Morning Herald, July 4, 1834; “CURIOUS IDENTIFICATION OF A STOLEN PIG.” The Weekly Dispatch (London), July 6, 1834, “NEWS FROM THE COUNTRY.” Bell’s New Weekly Messenger, July 6 1834; “BERKSHIRE MIDSUMMER SESSIONS” Reading Mercury, July 7, 1834; “CURIOUS IDENTIFICATION OF A STOLEN PIG.” The Stamford Mercury, July 11, 1834; “CURIOUS IDENTIFICATION OF A STOLEN PIG.” The Leeds Times, July 11, 1834;- all from The British Library Board at www.findmypast.co.uk:
‘Cornelius James and Robert James, two gipsies, were charged with stealing a pig, the property of Job Lousley.
Mr. TYRWHIT conducted the prosecution, and Mr. CARRINGTON the defence.
Mr. Job Lousley said I am a farmer, residing at Hampstead Norris. On the morning of Sunday, the 23d March, I missed a pig, it was a female and enceinte (1). In my farm-yard I saw marks as if a pig had been killed, and I went, accompanied by several other persons, to some gipsy tents and Greenham. Before we got to the tents I saw the inwards of a pi in a wood. I said to the constable “If those belonged to my pig there will be Swede turnips and maple peas in the stomach.” The stomach was opened and both Swedes and maple peas found in it. A dog then came up, but on our driving him away he went to the tents. We approached the tents, and in a double tent belonging to the prisoners we found the headless body of a pig which had been singed. It was of the same size as mine. It was a female, and from its nipples I have to doubt of its having been in the same state in which my pig was. In the tents we also found several sheepskins and a sack.
Mr. John Jeffery produced three peas which he took from the stomach of the pig and a sample of peas which he took from a heap in Mr. Lousley’s Barn.
Isaac Dobson said I fed this pig on the Saturday night before it was stolen. I fed it with Swede turnips and maple peas. The peas found in the stomach of the pig correspond with the sample produced by Mr. Jeffery. I had fed the pig from those peas on the Saturday night.
Cross-examined by Mr. CARRINGTON – The half-digested peas from the pig’s stomach correspond with the sample produced about as well as a dish of peas on a gentleman’s table at Reading would correspond with a dish of peas on another gentleman’s table at Abingdon.
The headless body of the pig was produced.
The prisoner’s, in their defence, said that they had bought the pig of Mr. James Crowcher.
For the defence, Mr. Crowcher was called, he said I am a master potter residing at Crookham, in Hampshire. In March last I bought a mare and colt of the prisoner, Cornelius James, at the price of 15l, and he took a pig in part payment. It was a female, and weighed near six score.
Mr Lousely re-called – My pig weighed between three and four score.
The CHAIRMAN (T. Goodlake, Esq.), summed up the evidence, and left it to the Jury to say whether they were satisfied of the identity of the pig.
The Jury found both the Prisoners Guilty.
Sentence – Seven years’ transportation.’
“BERKSHIRE MIDSUMMER SESSIONS.” Berkshire Chronicle and Bucks and Windsor Herald, 5th July 1834 from The British Library Board at www.findmypast.co.uk:
‘CORNELIUS JAMES AND ROBERT JAMES charged with having stolen, on the 23d March, a sow, the property of Job Lousley, of Hampstead Norris. Mr. Tyrwhitt conducted the prosecution; Mr. Carrington the defence.
Mr. Lousley deposed that, some pigs and sheep having been recently lost in the neighbourhood of Hampstead Norris, he directed his servant, Thomas Pike, to keep a sharp look out towards some pigs that were at Breach Barn, and that on Sunday morning, 23d of March, Pike informed him that a young sow about five weeks gone in pig was missing from the barn, when witness accompanied him to the place and observed a spot of blood on the rail of the gate; and on further search a further quantity of blood in the dung, where apparently a pig had been killed. The sow he missed weighed about four score. About half a mile from the barn he saw the footsteps of two persons in a direction from the barn toward Green Hams, and that the footsteps of one sunk deeper than the other as if he had carried a load. Having received some information that led him to believe that some gipsies were the aggressors, he sent a man named Herbert to Green Hams, a place much frequented by gipsies, to see if there was much cooking going forward. Herbert having returned and related some suspicious circumstances, witness repaired to a copse near the camp of the prisoners, when he saw the bowels of some animal that appeared to have been recently slain. On cutting it open he found in the new some Swede, turnip and maple (2) peas; he also saw two whole maple peas taken out. Witness said such was the food on which his lost pig was fed. He saw a dog that came from the tent of the prisoners feeding on the entrails. On searching the camp witness discovered a pig that appeared to have been recently killed; it was neither cold nor stiff, but as near as he could judge the size and weight of the one he had lost. The animal had been sadly butchered, it being stuck quite through the shoulder, and very badly “swealed (3);” and he saw a little distance from the camps a place where he supposed the latter operation had been effected. Witness also said that when he was searching the tents he saw two men run off toward Ashbridge Wood, and that he and his men pursued them, but could not overtake them. The prisoners having absconded, witness advertised a reward for their apprehension, but did not hear anything of them for some time, when he received a letter from an attorney at Winchester, threatening an action for defamation of character. He then, by the advice of his attorney, inserted the same advertisement in the Winchester paper, and inconsequence they were both apprehended at Farnham, in Surrey, on the 22d April.
Richard Jeffery, tithingman (4), corroborated the testimony as given by Mr. Lousley, so far as it related to him, and added that Mr Lousley stated, on hearing that the innards had been found, “If they belong to the pig that I have lost, they will contain Swedish Turnips and Maple Peas. He also produced the peas taken from the maw (5), and a sample of those which had been used to feed the pigs.
William Herbert also confirmed a very considerable portion of Mr. Lousley’s deposition, and further stated, that on going to the prisoner’s camp, he saw a child who seemed to be placed on the lookout, and who appeared by a motion to give notice of his approach, and he saw a pot boiling with greens and the lights (6) of an animal. He also discovered some blood on the wrist and shoulder of one of the prisoners. It was also stated, that the men who ran to the wood answered in every respect to the prisoners; they had both been seen by Herbert at the double tent. There were two other tents within a furlong of theirs.
For the defence – James Crowcher, of Cookham, was called, who deposed that he had sold a young sow to Cornelius James, on the 11th or 12th of March, which would weigh about six score, and which he took away alive. He gave them an excellent character, as did also another witness who had known them from children. – Guilty; 7 years transportation.’
“Berkshire Midsummer Sessions – First Day.” Oxford Journal, 5th July 1834 from The British Library Board at www.findmypast.co.uk:
‘Cornelius James and Robert James were charged with stealing, on the 23d of March, one pig, the property of Mr. Job Louseley, of Hampstead Norris. Mr. L. lost a young sow from a lone barn, on the 22d of March, and he discovered a spot of blood on the rail of the gate there, and a large quantity of dung, where she had evidently been killed. They next tracked the foot-steps of two men across the fields; one, from the pressure, carrying a load. The entrails were found in a copse, containing Swedish turnips and maple peas, the food the sow lost had been fed on; and the body itself was found in the tent of Cornelius James. It was what is called a double tent – that is, two tents facing each other, with the fire between them. The prisoners then absconded; and the whole of their “traps” were taken away. Mr. Louseley then advertised a reward for their apprehension in both the Reading papers, but heard nothing of them. At length he received a letter from an Attorney at Winchester, threatening an action for the defamation of the characters of the prisoners in the advertisement alluded to. Mr. Louseley then forwarded it to be inserted in the Winchester paper, which led to their apprehension at Farnham, in Surrey, on 22d of April. – Guilty. To be severally transported for seven years.
The same prisoners were also indicted for stealing a waggon cloth, about the same time, the property of John Redding, of Bradfield. Part of the waggon cloth was found in a bed tick in Cornelius James’s tent, and the other part on the tent of Robert James, where the pig was found. – Guilty. To be severally transported for seven year; the term to commence at the end of the first term.’
“QUEENS COUNTY.” Berkshire Chronicle and Bucks and Windsor Herald, 19th July 1834 from The British Library Board at www.findmypast.co.uk:
‘On Friday the undernamed convicts were removed from our gaol to the Justitis Hulk, Woolwich, namely William Carter, Thomas Charlwood, John Stroud, and Robert Looker, for life; John Denton, Cornelius James, & Robert James, for 14 years; Henry Day, George Collyer, and William Gastonbury, for 7 years’ transportation.’
Robert’s mother-in-law, Mary Poole, futilely presented a petition to the Secretary of State for the Home Department in August of 1834 (The National Archives, 2022):
Petition to the Home Secretary from Mary Poole, mother-in-law of Robert James:
Reading, 9th August 1834
My Lord
I have the honor to enclose to your Lordship, a Petition signed by Mary Poole, praying for mitigation in the Punishment of Robert James, and Cornelius James. This poor woman, is wretched indeed, from the apprehension that she was perhaps a cause of the crime committed by Robert James, in consequence of a quarrel with him, which induced him to leave her Home.
The facts as stated in the Petition are true:- and if these men are transported beyond the seas; in all human probability, the wretchedness, of their families will become desperate; and the certain ruin of the whole must ensue.
I have the honor to be
My Lord
Your Lordships most obedient
Humble servant
Alfred ?
To the Right Honorable the Secretary of State for the Home Department
The Humble Petition of Mary Poole of Reading in the County of Berks, Widow. –
Shuweth (to show)
That your petitioner is the mother of the wife of Robert James who was tried with Cornelius James his Brother and both were convicted at the last general Quarter Sessions of the Peace holden at Abingdon in the said County on the first day of July 1834 or the several offences of stealing a pig the property of Job Lowley and a waggon cloth the property of John Readings, for the term of seven years for each office. The said Cornelius James hath a wife and four children the eldest of whom is eight years of age and the youngest nine months old. The said Robert James hath four children the eldest is seven years old and the youngest is five months old. The said Cornelius James and Robert James have not at any time been before charged with or tried for any offence against the Laws of their Country. And your Petitioner humbly states that the wife and children of the said Robert James, have since the unhappy circumstances been dependent upon her and she is unable to maintain them. And your Petitioner humbly states that the said Robert James, did reside in the House of your Petitioner with his wife until a few days before the committal of the Act for which he is transported. That he left the residence of your Petitioner in consequence of a misunderstanding with her, and your Petitioner cannot but fear that the said Robert James and Cornelius James were both of them driven to commit the offence in consequence of such misunderstanding – and your Petitioner is quite sure that neither of them the said Robert James or Cornelius James would otherwise have so done, their previous habits having been those of industriously labouring to support their families, and conducting themselves honestly to all men.
Your Petitioner humbly craves the merciful consideration of His Majesty’s Royal Clemency in the behalf of these unhappy men – and that your Lordship will consider the forlorn and destitute condition of their wives and Families – and the very great distress of your Petitioner – and your Petitioner humbly prays that the said Robert James and Cornelius James may not be sent out of the Country but that His Majesty will be graciously pleased to commute their dreadful sentences of Transportation for a short term of imprisonment in the Country.
And your Petitioner shall ever pray
Mary Poole
Robert was granted a Ticket of Leave on 11 February 1841 (State Records Authority of New South Wales, 2022), as was Cornelius on 9 September 1841 (Society of Australian Genealogists, 2015).
“The ticket of leave system was a form of bail or licence which allowed a prisoner to start to build a new life in Australia before the official end of his or her sentence. The system was introduced informally in 1801 to reward convicts who had performed some service or been of particularly good conduct. From 1811 convicts had to serve a minimum sentence before a ticket of leave would be granted. Once a convict had his or her ticket of leave, they were allowed to work for themselves, marry, or to bring their families to Australia. However, tickets of leave did have conditions attached. They had to be renewed yearly, carried at all times and Ticket-of-Leave men, as they were known, were also expected to regularly attend religious services. They were not allowed to carry firearms or leave the colony. Once the sentence was completed, or in the case of a life sentence when a sufficient length had been served, the convict would be granted a pardon, either conditional or absolute.” (Find My Past, 2022).
Cornelius (State Records Authority of New South Wales, 2022) and Robert gained their freedom on 31 August 1848 (State Records Authority of New South Wales, 2022). Cornelius’s Certificate of Freedom states that his occupation is a basket maker and tinman, and that he is 5 feet 9 inches tall with dark sallow skin, black hair and brown eyes. He has a scar on the back of his left thumb, that the little finger on his right hand is crooked, and that he has a scar above his right knee. Roberts occupation is given as basket maker and farm labourer, he is 5 feet 7 and ¾ inches tall, he has a sallow and freckled complexion, dark brown hair and chestnut eyes. He has an ‘R’ (I am assuming tattooed) on the inside of his left wrist and a ring on the middle finger of his left hand. Like Cornelius, he has a scar on the back of his left thumb, a scar on his left shin and a scar on his right knee.
As yet, I have been unable to ascertain what became of Robert after he gained his freedom. However, Cornelius went on to marry his brother’s (John James) widow, Lucy Brabazon, on 7 January 1850 at the Presbyterian church of St Andrews in Sydney, NSW. The marriage was witnessed by James Reynolds and Mary Brabazon (Registry of Births Deaths and Marriages, New South Wales, 2018).
Lucy was a protestant and native of Fermanagh and was widowed at the time of her conviction in Donegal, Ireland. She is referred to by the name of ‘Lucy Stracey alias Brabazon’ in the refusal by G K Rusden of Maitland, in the application to marry John James which was dated 8 April 1837. The refusal was due to her ‘particulars not being correctly given’ (Find My Past, 2022) – could this be her maiden name?
On 10 August 1826, it was reported in the Enniskillen Chronicle and Erne Packet, under the title ‘Lifford Assizes’, that:
“Lucinda Sweeny, indicted for being a vagrant – to be transported seven years, unless bail be found within six months for her good behaviour for seven years”. (British Library, 2022).
Obviously, bail was not found for Lucinda as she was transported upon the Elizabeth II from Ireland under the command of Walter Cock and is described in the Convict Indents as 5 feet 1 and a half inches tall with a fresh freckled complexion, brown hair and grey to blue eyes and worked as a nurse girl house maid (Find My Past, 2022).
Lucinda arrived on 12 January 1828 (Convict Records, 2022) and was settled with William Harper in Luskintyre (The National Archives of the UK, 2022).
Lucinda was admitted for 6 months to Parramatta gaol on 18 February 1828 for ‘absenting and drunkness’ (State Records Authority of NSW, 2022), and again on 26 January 1830 for 3 months for ‘having scalded a fellow servant’ (State Records Authority of NSW, 2022).
On 16 January 1831 whilst still serving her sentence, Lucinda married Thomas Brabazon (State Records Authority of NSW, 2022), a labourer from Limerick, Ireland who was convicted in the Persian Gulf (Convict Records, 2022) and who had been granted an absolute pardon on 6 February 1823 (State Archives and Records of NSW, 2022).
It was reported in the New South Wales Government Gazette on Thursday, May 19 1831 under the title ‘LIST OF RUNAWAYS APPREHENDED DURING THE PAST WEEK ’ (National Library of Australia, 2022) that she absconded from Thomas:
Sweeney Lucy, Elizabeth, from Thomas Brabazon
Again, it was reported in the New South Wales Government Gazette on Wednesday, December 12 1832 under the title ‘Principal Superintendent of Convicts’ Office, Sydney, 10 December 1832’ (National Library of Australia, 2022) that she had again run away from Thomas:
“The undermentioned Prisoners having absconded from the Individuals and Employments set against their Names respectively, and some of them being at large with stolen Certificates, and Tickets-of-Leave, all Constables and others are hereby required and commanded to use their utmost exertions in apprehending and lodging them in safe custody.
Any Person harbouring or employing any of the said Absentees, will be prosecuted as the Law directs:-
Sweeny Lucinda, No. 28-27, Elizabeth, 36, Nurse Girl, Fermanagh, 5 feet 1¼, grey to blue eyes, brown hair, fresh freckled comp. scar on right upper lip, ditto between eyebrows, from Mr. Thomas Brabazon.”
Lucinda gained her freedom on 15 July 1833 (State Records Authority of NSW, 2022), some two years before the end of her sentence.
I believe that Cornelius died on 21 December 1883, aged 80 (Find a Grave, 2022)and is buried at Campbells Hill Cemetery, Maitland (Find a Grave, 2022) and that Lucy died on 18 October 1850 and is buried at Glebe Cemetery, East Maitland . Roberts death has yet to be ascertained.
Notes:
1) Pregnant
2) Carlin Peas - also known as Maple Peas, Brown Peas, Pigeon Peas and even Black badgers and Grey Badgers -are an ancient pea or marl, recorded in the reign of Elizabeth 1. They grow to about six feet high, and boast attractive purple and white blossom, and they crop prolifically. The peas, which can be used fresh, or dried for winter use, have a distinctive flavour, often described as a mediaeval mushy pea.
3) Burned
4) The chief of a tithing who was responsible for the group's behaviour/local peace keeper
5) The mouth, throat, crop, or stomach of an animal
6) Lungs
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