Daniel Brian

343

Maureen Withey on 10th May 2020

National Archives. HO 47/9/21 1789 July 21 Letter from James Adair enclosing a list of capital respites, in Newgate on 24 June, to whom no pardon has yet been granted, and on which his recommendations are noted against each name. Adair mentions that he is at a loss as to what to suggest for James Carse, convicted of murder, but periodically insane. List of capital convicts in Newgate, 24 June 1789. February Sessions, 1787 19. Daniel Brian, for stealing goods, value £7:6:0, in the dwelling house of Susannah Walker. Recommendation: 7 years transportation.

343

Maureen Withey on 16th March 2020

1828 census at Seven Hills, the whole family are catholics. Daniel Brian, age 59, F.S. Salamander 1991, 7 years, settler, Mary Ann Brien, age 39, F.S. Sydney Cove, 1806, 7 years, wife, Jane Brian, B.C. daughter Timothy Brian, 15, B.C. son, Mary Ann Brien, 13, B.C, daughter, Daniel Brien, 11, B.C., son Elizabeth Brien, 9, B.C. dau. Clara, Brien, 7 , B.C. dau. John Robt. Brien, 5, B.C. son. Sarah Brien, 3, B.C. dau. Also 4 others, - 2 labourers and 2 servants. Daniel Brian has signed his name.

54

Phil Hands on 28th May 2017

PRISONER's DEFENCE. I was going across the field, and two men were coming past; I thought I knew one of them, and I saw these three men run after them; I ran up to see what was the matter; I said, Jack, what is the matter? he said, he had some things to take to a washerwoman for his mother, and these men would not let him; and I said, I will take care of the things while you fetch your mother; he went away, and never returned; and they kept me. The prisoner called one witness to his character. GUILTY , Death . Tried by the second Middlesex Jury before Mr. Justice GOULD.

54

Phil Hands on 28th May 2017

Tried and convicted at the Old Bailey on 9th February 1787 for the theft of clothes from a girls boarding school, after being sentenced to death Daniel spent two and a half years in Newgate Prison before his sentence was changed on the 9th September 1789 to 7 years transportation. he was transfered to the Prison Hulk 'Dunkirk', moored at Plymouth and held there until March 1791 prior to transportation. Left Plymouth on 27th March 1791. Ship:- The 'Salamander '(3rd Fleet) sailed with 160 male convicts of which 5 died during the voyage. Arrived on 21st August 1791. He was a lad of 19 in 1787, living in that part of London called Hackney. Then, on 7th February, some brickmakers were working in a field in Hackney, getting clay for bricks, and they noticed two youths, walking across the field, one carrying a large bundle. The brickmakers suspected that something was wrong there and, as rewards were given by the Justices to people who grabbed thieves, the brickmakers decided to ask a few questions. If you arrested a highwayman, the reward was about £40. But, for arresting thieves, the payment might be only £10, but it was still good money. Daniel Brien then came up and said, "'What's the matter, Jack?". "Give me the bundle. Come across the road, for I'll not be stopped by anybody. " He then took the bundle and said, "Go and fetch your mother. These things are going to the washerwoman to be washed." So Jack and his mate went off to see Jack's mother and the brickmakers arrested Daniel Brien and took him down to the Justices at Shoreditch with the bundle, which turned out to be washing from a ladies' college and that it had been stolen from there. But Daniel had the bundle handed to him, so he was charged with stealing clothes worth £7.6.0/- in a dwelling house. Now, this was a serious offence, and in 1714, the English Parliament changed the law, and people found guilty of stealing things worth more than 40/- from houses were sentenced to death by hanging And that is what happened to Daniel Brien. He was charged before a Justice of the Peace at Shoreditch where he was sent for trial before a Judge and Jury at the big court of the Old Bailey. At that time, Daniel could not give evidence for himself. He could only make an unsworn statement from the dock. His defence was, "I was going across the field and saw two men came running past. I thought I knew one of them, and I saw three men running after them. I ran up to see what was the matter, and said 'Jack. What is the matter ?' He said that he had some things to take to the washerwoman for his mother, and these men would not let him, and I said, 'I will take care of these things while you fetch your mother.' He went away and never returned. And they kept me." So the Jury did not give him full marks for his story. If he was not the thief, he was a receiver of stolen property. So he was found guilty, and the Judge put on the black cap and read out the same sentence that was imposed on Ann Parker twenty years later. He was put into the Newgate prison, and every month, all of the convicts who were waiting to be hanged were brought up before the Old Bailey, and they were all ordered to be held for another month. It was on 21st February that he received his sentence, and this went on until 19th September, 1789, when they had so many prisoners under sentence of death that they gave all 140 of them a choice of transportation to New South Wales, or the rope. Quite a number preferred to be hanged but, in the end, they were all transported. Daniel Brien accepted transportation for seven years, so that he would be a prisoner in New South Wales until 1796. Although Daniel Brien had been sentenced to death on 21st February, 1787, he missed out on receiving a ticket for the First Fleet which was due to leave for New South Wales on 12th May, 1787, but all the tickets had been issued. The First Fleet did not leave until the next day, for the seamen had all gone on strike. The foundation of Australia was held up by a strike, so strikes are not unusual in our history. They gathered together 24 prisoners for transportation who were waiting in the Newgate Prison, Daniel Brien being No. 6, and they were put on board a little ship called the "Douglas" in the Thames in December, 1789, and they were taken down to Plymouth where they were all placed aboard the "Dunkirk" hulk, and old warship lying there, which was being used as a prison. The "Dunkirk" sometimes held both men and women convicts. The men convicts were probably employed in gangs, to work on or to repair ships of the Royal Navy there. Daniel Brien was kept there on the "Dunkirk" for another fifteen months before a ship was ready to take a large batch of male convicts. This time it was the "Salamander", and she had been fitted up, just like the "Sydney Cove", as a prison, so that, in the case of trouble, only a small number of convicts had to be handled at the one time. Nine ships were eventually collected together for the Third Fleet for Sydney, but they did not sail together. The "Salamander" was a ship of 312 tons, and she left Plymouth on 27th March, 1791 together with the "Atlantic" and the "William and Ann". They were soon scattered in bad weather, and they were not often together, but they all joined up again at Rio de Janeiro on 28th May, and they left together on 12th June. From Rio, this Division sailed directly to Sydney, going down to the level of the Cape of Good Hope and using the Roaring Forties to blow them all the rest of the way to Sydney. The "Atlantic" was the first to arrive on 20th August, 1791, the "Salamander" arriving the next day after a voyage of 147 days, and the "William and Ann" sailed in seven days later. The "Salamander" had been built in a Thames yard in 1776, and she had a cabin and two decks. Five convicts died on the way out. "Salamander" was one of the nine ships, all of which had been provided by the Shipping Agents, Camden, Calvert and King, for £45,000 to take all of those convicts to New South Wales. She left with 106 male convicts on board and delivered 101. On their arrival, they were in a very weak state. They had been carrying enough rations to last them nine months, but they had been on short rations for 21 weeks, so they were given full rations again and rice was on the menu instead of peas. There was an escort of twelve soldiers for the N.S.W. Corps on board, but their Sergeant had deserted on the day on which they left England. Daniel married convict 'Mary' Ann Parker ('Sydney Cove' 1807) on 29th January 1821 at Parramatta, they had 11 children from 1809-1832, the couple had been living together at Seven Hills prior to the birth of their first child. Colonial Secretaries index:- BRIEN, Daniel. Per "Salamander", 1791 1810 Jan 13 Sworn in as constable for the Seven Hills district (Reel 6042; 4/1723 p.103) 1816 Jun 15 Recommended C Wiltshire as teacher at Toongabbie (Reel 6046; 4/1736 pp.97-100) 1816 Jun 22 Of Toongabbie. On lists of persons to be issued with horned cattle from the Government Herds (Reel 6038, SZ759 p.213; Reel 6031, 4/7028A p.33) 1818 Sep 10 Of Seven Hills. On list of persons to receive grants of land in 1818 (Fiche 3266; 9/2652 p.50) 1821 May 24 Store receipts of for fresh meat (Reel 6051; 4/1748 p.177) 1823 Sep 14 Landholder in the District of Seven Hills. Certifying to the character of Christopher Limebear Bridges, schoolmaster at Seven Hills (Reel 6059; 4/1772 p.120) 1824 Jan 12 Of Seven Hills. Petition for a ticket of occupation (Fiche 3077; 4/1836A No.49 p.219) 1824 Jan 13 Permitted to proceed with cattle through the Cowpastures and Argyle to the country southwest of the Cookbundoon Range (Reel 6012; 4/3510 p.176) 1824 Aug 28 Settler at Seven Hills. Memorial (Fiche 3080; 4/1836B No.136 p.627) 1824 Sep 23 On return of wheat and maize on hand in the Districts of Bathurst and Melville (Reel 6061; 4/1780 p.291a) Daniel Died on 22nd August 1837 at Seven Hills. LAST WILL AND TESTAMENT of DANIEL BRIEN Daniel Brien Landowner of the District of Gidley in the Territory of New South Wales being at this presents of sound disposing Mind., Memory and Understanding knowing the uncertainly of Life do make this my Last Will and Testament in manner and form following that is to say I bequeath my Soul into the hands of Almighty God humbly trusting that he will have mercy on me thro the atoning merits of our Lord and Saviour Jesus Christ and my love I give to the dust to be Interred at the discretion of my Executrix hereinafter named and my worldly goods I dispose off as follows I give Devise and Bequeath unto my beloved Wife Mary Ann Brien the whole and sole of my personal Estate of whatsoever nature and kind the same maybe-together with all Debts that may be due and owing to me at the time of my decease to be enjoyed by her for and during her natural life subject to such limitations and restrictions as shall be herein hereafter mentioned and expressed and after the decease of my wife Mary Ann Brien I Give devise and Bequeath the Farms, Land, and appurtenances as are hereinafter mentioned and described as follows Viz, to my eldest Son Timothy Brien I Give devise and Bequeath the farm and land on which I now reside purchased by me from Wm Randall and known by the name of Randalls farm together with Dwelling House and all other buildings now erected or that shall be erected thereon with all appurtenances whatsoever on the conditions following which are hereby solemnly enjoined and to be as strictly fulfilled (namely) that should my wife Mary Ann Brien die during the infancy of any of our children or before they are capable of providing for themselves then in that case my eldest Son Timothy Brien on taking possession of the Land and premises hereby Bequeathed shall pay or enter into proper security to pay such a reasonable sum of money for and towards the maintenance of such helpless child or children as may be considered just and equitable by two persons one of whom to be nominated by the Will of his mother and the other chosen by himself. To my second Son Daniel Brien I Give Devise and Bequeath the farm and land purchased by me from Samuel Beckett and known by the name of Becketts Farm containing 50 acres more or less but as I am now about to bind my said son Daniel Brien to a Trade or Business which he may hereafter find more lucrative and profitable than agriculture and thereby be induced to sell mortgage or otherwise dispose of the land hereby bequeathed to him n own I do hereby strictly enjoin and solemnly charge my said son Daniel Brien not in anywise to sell or dispose of the said land without first giving his brother Timothy the preference of becoming the purchaser of the said land at such a valuation as shall not only be equitable in the transfer of property Man and Man, but as shall mark the affection of Brothers consulting each others welfare and property, and whom I hereby in the most solemn manner enjoin to live in peace and unity.------------------------------------------------------- To my third son John Robert Brien I Give Devise and Bequeath one hundred and ten acres of Land, being a grant being a grant to me from Government and commonly called or known by the name of the eighty acres--------------------------------- To my fourth son James Brien I Give Devise and Bequeath thirty acres of land purchased by me from Edward Pembury, and known by the name of Pembury Farm together with the appurtenance, and in case my two sons John Robert and James Brien should follow any Trade or Calling other than agriculture and thereby be induced to sell or dispose of the Land hereby respectively Devised and Bequeathed to them, then I will and direct that as in the case of my second son Daniel so shall they; give unto their brother Timothy the first offer, or preference of becoming the purchaser of the Lands hereby Bequeathed to them. And in case other of my sons above named should die unmarried or without children during the life of my Wife Mary Ann Brien then I Will and Direct that the Lands hereby devised to such son or sons as may decease during the life time of their mother shall become her absolute property with power to Give Devise and Bequeath the same of her death to whom soever she shall think fir--------------------------------------------------------------------------- And whereas my Wife Mary Ann Brien may be induced to alter her condition of Widowhood and again re-enter the married state now altho I have the most perfect confidence in and reliance on her Maternal affection for our children yet in order to confirm and secure to herself and to our children after her decease the Lands and properties hereby Devised and Bequeathed. I further Will and Direct that altho I have and do hereby Give and Bequeath to my wife Mary Ann Brien the land and properties above mentioned for her sole use and benefit during her life yet the same must and shall descend unimpaired and unencumbered to our sons respectively above named and in the order I have hereby Devised and Bequeathed at her decease nor shall the said Lands or premises become in any manner or way whatsoever responsible in Law or Equity for any debts Bonds Mortgages Actions or payments for or by reason of any second marriage or marriages my said wife may contract but that the same shall remain to her sole use and benefit during life and at her death to our sons respectively as aforesaid . And also I being possessed of Ten acres of Land being a purchase by me of part and parcel of Hardings farm Do hereby Devise and Bequeath the same to my wife Mary Ann Brien and subject to her entire control and desire. And I do hereby nominate and appoint Mr Matthew Pearce to be joint executor with my wife in order to the carrying into effect this my last Will and Testament according to the full intent and purpose above clearly made known and specified. And I do hereby revoke cancel and annul all other Will or Wills Codicil or Codicils heretofore made by me declaring this to be my last Will and Testament------------------ Signed Sealed and delivered And declared to be the last Will and Testament of Daniel Brien Senr In the presence of Daniel Brien Matthew Pearce ? Pearce James Smith Duly Signed this 27 day of December 1832 C L Bridges Clerk Old Bailey Trial Transcription. Reference Number: t17870221-27 263. DANIEL BRIAN was indicted for feloniously stealing, on the 7th of February , one breakfast cloth, value 1 s. fourteen shifts, value 30 s. one white quilted petticoat, value 3 s. one flannel petticoat, value 1 s. one pair of stays, value 1 s. one cotton gown, value 10 s. a frock, value 2 s. two other frocks, value 5 s. two other frocks, value 2 s. three pair of stockings, value 1 s. three pair of sleeves, value 1 s. the property of Susannah Walker , in her dwelling house . SUSANNAH WALKER sworn. I live at Clapton ; I keep a boarding-school for ladies there; on the 7th of February I lost the things mentioned in the indictment. (Looks at the inventory.) When did you write that inventory? - Two or three days after the robbery. (The things enumerated.) Court. From what part of the dwelling house did you lose them? - From the hall, about one o'clock in the afternoon; they were linen put up for the washerwoman; I had not seen them myself that day: I never saw the prisoner till at the public office. JANE PROCTER sworn. I live with Mrs. Walker, as a servant; on the 7th of this month, some linen was taken from the hall; I saw them, flung down stairs into the hall, about one o'clock that day; I saw an account taken of them; and I know the particulars contained in the inventory were put in the bundle, and were the same as Mrs. Walker has mentioned; I saw them at Justice Wilmot's office; I opened the bundle there, and saw they were the things that were lost: I know nothing of the prisoner. WILLIAM STYLES sworn. I am a brick-maker; I was at work; and two young men came through the brickfield, one had a bundle under his arm; seeing something white under his arm, I thought it was an apron; it was between two and three o'clock on Wednesday 7th of February; they were going towards Haggerston; we thought if we run after them they would run away, but we did run after them; and I took one of them by the collar; the other got the bundle; the prisoner came up the same lane to their assistance; he came up the same lane, and I ran past him; while I was disputing with the man I had hold of, the prisoner said, Jack, what is the matter? come across the road and give me the bundle, I will not be stopped, nor go back for any one; the prisoner said, Jack, go and fetch your mother, for these things are for her to wash; then we detained the prisoner at the officer's house at the Black Bull, at Haggerston, and the bundle; and in the evening we went to the Justice's. Court. The prisoner was not one of the first two? - No. Did you see Mrs. Proctor that night? - Not that night; the prisoner was committed that night; I did not see Mrs. Proctor till the Monday following. THOMAS WILKINS sworn. There were nine of us working in the field for Mr. Samuel Scott ; on Wednesday the 7th of February, between two and three, I saw two men coming across the field; and up the lane I saw something white like an apron, which was a large bundle under the arm of one of them; and we pursued them up the lane with the bundle; the last witness took the man that had the bundle, and the others ran away; then the prisoner came up the same lane, to assist in the lane where the other was stopped; the prisoner says, Jack, what is the matter? come over the road, and give me the bundle, I will not be stopped by any body; the things are your mother's, and are going to be washed; he went to fetch his mother, but he never returned again; we took the prisoner and the bundle to Mr. Davis, at the Bull, at Haggerston, and then to the Justice's with the bundle. When was you before the Justice? - On the Saturday, but nobody was sitting; then we went on the Monday morning, and then I saw Mrs. Walker; I never saw the prisoner, or the other lads before. (The things produced and deposed to.) - ARMSTRONG sworn. Count. You are one of Mr. Wilmot's men? - Yes. Do you remember the prisoner being brought to the office? - I did; I saw the prisoner and Mr. Davis going to the office in the morning, and in the evening of the 7th of February, which was Wednesday, when I came to the office the things were opened, and the Justice ordered me to take care of them, and I have had them ever since under lock and key. Mrs. Walker. I looked over the things in the parlour at the Justice's; I knew them to be my property. Jane Proctor . I looked over the things and know them to be Mrs. Walker's property. Armstrong. I saw the prisoner and others near Shoreditch church this same day the robbery was committed in company; and there was another that I knew well; they were going towards Hackney-road; I saw the prisoner in the evening at Mr. Wilmot's office, and the things were there also; they laid open in the office; when I came the Magistrate took the marks, and they were advertised; and the lady came, and she owned them. Court. Did you see the linen in that bundle put up in the presence of Davis? - Yes, I have had it ever since under lock and key; they were looked over by the lady and the maid; I was not present; it was requested that nobody but the ladies might be in the parlour; they were delivered back to me in about a quarter of an hour after. Court to Wilkins. Davis opened the bundle in his own house? - Yes. Court to Mrs. Walker. Do you remember this bundle being taken into the parlour? - Yes, it was brought in by the officer; I opened the bundle and looked over the things, and I believe them to be my property. Mrs. Proctor. I was present in the parlour, and know the things. Court. When you had looked them over were they put in again? - Yes, they were tied up again; all those that I looked at; Armstrong had the bundle. PRISO