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Patrick Donnelly

** community contributed record **

Name, Aliases & Gender

Name: Patrick Donnelly
Aliases: none
Gender: m

Birth, Occupation & Death

Date of Birth: 1808
Occupation: Shoemaker
Date of Death: -
Age: -

Life Span

Life span

Male median life span was 54 years*

* Median life span based on contributions

Conviction & Transportation

Sentence Severity

Sentence Severity

Sentenced to Life

Crime: House robbery
Convicted at: Ireland, Armagh
Sentence term: Life
Ship: Henry Porcher
Departure date: 5th August, 1825
Arrival date: 3rd December, 1825
Place of arrival New South Wales
Passenger manifest Travelled with 57 other convicts

References

Primary source: Irish Convicts to NSW, by Peter Mayberry at http://members.pcug.org.au; and NSW Convict Indents, 1788-1842; Bound Indentures 1823-1826
Source description:

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Community Contributions

Dianne Jones on 1st September, 2020 wrote:

OCCUPATION: Apprentice shoemaker (see Irish Convicts to NSW, by Peter Mayberry at http://members.pcug.org.au)

Dianne Jones on 1st September, 2020 wrote:

1825, 5 April: Patrick DONNELLY unsuccessfully petitioned [Doc Ref PPC 2571] against his sentence of transportation for life, stating that he was 17, an apprentice brogue maker, had 10 brothers and sisters and his parents were living. He stated that his “father, James, served years in the Army on the Continent under the Duke of York”.

His father’s address was given at Lower Ward, Dundalk, County Louth. This document, dated 05/04/1825, states he was imprisoned at Armagh (trial date 11/03/1825) for the crime of burglary at Ballsmill, County Armagh (see http://findingaids.nationalarchives.ie/).

Dianne Jones on 1st September, 2020 wrote:

1825, 3 December: Patrick DONNELLY, a native of Dundalk, Co Louth, was 19 on arrival in New South Wales [this does not gel with the age given on his petition in 1825]. He was convicted at Armagh on 13 March 1825, and transported for life for house robbery. He was listed as a shoemaker, 2 years; 5’5½” tall, with a very freckled complexion, hazel/grey eyes and brown hair. He was physically “very well” and was assigned to Mr [Peter] McIntyre [at Segenhoe, Hunter’s River] (see NSW Convict Indents, 1788-1842; Bound Indentures 1823-1826).

1828, 10 June: Sentenced by the Supreme Criminal Court, Sydney, to seven years’ transportation and hard labour in chains, commuted from the death penalty, for burglary (see excerpt from the trial below).

—-
1828, 13 June: From the Sydney Gazette, p2:

“Supreme Criminal Court. TUESDAY, JUNE 10, 1828. (Before Mr. JUSTICE DOWLING.)

“William Hughes and Patrick Donnelly were indicted for stealing in the dwelling house of Peter McIntyre, Esq. at Segenhoe, Hunter’s River, a quantity of wearing apparel and other articles, above the value of £5, the goods of Donald McLaughlin, on the 23d of October last.

“The ATTORNEY GENERAL stated the case to the Jury, and called the following witnesses: Daniel McLaughlin.—I am superintendent of stock to Mr. Peter McIntyre, at Segenhoe, Hunter’s River; I live in a house close to Mr. McIntyre’s, a division of his own dwelling-house, but not under the same roof; five persons slept in that house on the night of the 23d of October, two of Mr. McIntyre’s servants and myself, and two strangers; I went to bed between 12 and 1 o’clock that night, perfectly sober; when I got up in the morning I missed my chest containing all my wearing apparel, except what I wore the previous day, and which I saw safe in the chest the morning before; a shepherd from an out-station about 2 miles off, shortly after brought me word that he found some things on the road from Mr. McIntyre’s station, and shewed me a looking glass my property, which had been also stolen, worth about 5s. In consequence of what he said I went to the spot where he said he found the articles, and found the marks in the grass where my chest was broken open, and pieces of the bottom lying about; I also found some musket balls lying about similar to some I had in my chest when it was taken away; the chest when it was taken away contained two coins worth £4, a striped cotton jacket worth 9s., 5 or 6 pairs of trousers, worth £3, a waistcoat worth 10s. a dozen shirts worth £3, and 5 pairs of stockings worth 10s.; there was also a sword taken away belonging to Mr. McIntyre; I afterwards went to the station where the shepherd came from, and traced a track of a man all along from where the broken box was found; I afterwards saw the foot of Wm. Hughes applied to that tract the same morning, and it corresponded exactly; both the prisoners were servants to Mr. McIntyre, and employed as shepherds at the two-mile station; where they slept; I never saw any of the property since, but the looking-glass and one stocking.

“By the COURT: The ground was damp at the spot where I saw the footsteps, which appeared fresh; it was about three quarters of a mile from the house; there were only the foot-prints of one person; which were plain for a quarter of a mile; Hughes was a watchman at the two-mile station, and had no business away from his station; I would know the track of Hughes from that of the other prisoner; one of his feet is remarkable; it is turned in; he shewed an unwillingness to put his foot into the track, and Mr McIntyre took hold of and forced it in; the traces were leading from Mr. McIntyre’s house; Hughes was the watchman over the sheep at night, and was usually relieved about sun-rise…”

[Two other witnesses – a shepherd and a stock keeper, employed by Peter McIntyre – then gave evidence.]

“Mr. Peter McIntyre: I live at Segenhoe; on the morning of the 23d of October, it was reported to me that a robbery had taken place in the room appropriated to my free servants, in consequence of which I proceeded in search, with two servants; on the road to the sheep station we found the box broken open, and the knife now produced lying near it, which on being compared with the marks on the box corresponded exactly; we also saw the footmarks of two persons, one barefooted, and one with shoes, from the place where the box was found, towards the sheep station and to the tree where Shearman [a shepherd] told me he had seen the prisoners, but found none of the property; the track of the bare foot was very visible in some ashes near the tree, in consequence of which I went to Hughes’ hut, and brought him to the place, and desired him to put his foot down near it, but could not get him to do so, as he twisted it in such a way as that it would not make a proper impression; I then look hold of the prisoner in such a manner that he could not move, and gently laid his foot on the ashes, when the mark corresponded exactly with that which I had previously seen.

“This was the Case for the prosecution. The prisoners being called on for their defence, Hughes complained that the present occasion was the first on which he had an opportunity of seeing any of the witnesses that were produced against him, he not having been present when the depositions were taken by Mr. Little, the Magistrate at Hunter’s River. The prisoner further stated, that, had he known what was previously sworn against him, he could have been provided with testimony to show that the principal witness against him was not worthy of belief.

“The learned Judge enquired of the Attorney General whether it appeared, from the depositions forwarded to him by the Magistrate, that the prisoners were present when they were taken?

“The Attorney General stated that the depositions were taken in the usual way.

“His HONOR then desired the witnesses, McLaughlin and Shearman, to stand up, and having questioned them severally as to the truth of the statement made by the prisoners, they both confirmed the declaration made by Hughes, by declaring that the prisoners were not present when their examination was taken.

“Mr. JUSTICE DOWLING then observed that it should be distinctly understood, when a prisoner was under examination before a Justice of the Peace that he should be present when the depositions were taken against him, as it was the only chance he had of preparing for his defence. It was of the most importance that this should be attended to, and though His Honor was satisfied that the omission in the present instance arose from inadvertence, yet he felt it his duty again to state, that, in all cases, a prisoner had a right to hear the depositions given against him, and to be confronted with his accusers; because an innocent man might, otherwise, he charged with an offence which he would be unable clearly to rebut, if he knew who was to appear against him.

“Mr. McIntyre here stood up and assured the Court that the prisoners could not possibly have suffered any hardship owing to the absence of witnesses on their behalf; because every man belonging to the station to which the prisoners were attached, and who could have known anything about the transaction, was then in Court.

“His HONOR then minutely recapitulated the evidence, and the Jury found both the prisoners Guilty.”
—-

The Australian also reported in detail on the case, same day (on p3), concluding with: “The learned Judge then summed, at considerable length to the Jury, who found both prisoners Guilty and the Court proceeded to pass sentence upon them — sentence of death recorded.”

Dianne Jones on 1st September, 2020 wrote:

1828, 31 August: Sent from the Phoenix Hulk aboard the “Borodino” to Moreton Bay (see NSW Convict Records, 1810-1891; Phoenix Hulk: Discharge Book, 1825-1830).

1828, September: Arrived at Moreton Bay per “Borodino” (see Kenneth J Lamb, Canberra 2013, Moreton Bay Convict Movements).

1829, 19 October: Absconded from Moreton Bay; away for 46 days; returned there 4 December 1829 (see Kenneth J Lamb, Canberra 2013, Moreton Bay Convict Movements).

1832, 20 November: Absconded a second time from Moreton Bay; was at large for 97 days; returned to the penal settlement 25 February 1833. Total number of days absconded = 143 (see Kenneth J Lamb, Canberra 2013, Moreton Bay Convict Movements).

1835, 7 November: Sent from Moreton Bay to Sydney per “Isabella”; admitted to Phoenix Hulk (see Kenneth J Lamb, Canberra 2013, Moreton Bay Convict Movements; and NSW Convict Records, 1810-1891; Phoenix Hulk: Entrance Books, 1833-1837).

Dianne Jones on 1st September, 2020 wrote:

1844, 4 January: Granted a Ticket of Leave No 44/114; allowed to remain in the District of Yass (see NSW and Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859).

1848: His name appears on a list of Conditional Pardons (applied for) in 1848 (see NSW Convict Registers of Conditional and Absolute Pardons, 1788-1870; Conditional 1848).

1849, 5 July: Obtained a Conditional Pardon No 49/696 from the Governor of NSW, Sir Charles Augustus Fitz Roy “in consideration of… [his] good conduct” on 15 February 1849 (entered on the record 26 March 1849) (see NSW Convict Registers of Conditional and Absolute Pardons, 1788-1870; Conditional 1849 (Reel 791)).

Convict Changes History

Dianne Jones on 1st September, 2020 made the following changes:

convicted at, term: years, voyage, source: Irish Convicts to NSW, by Peter Mayberry at http://members.pcug.org.au; and NSW Convict Indents, 1788-1842; Bound Indentures 1823-1826 (prev. ), firstname: Patrick, surname: Donnelly, alias1: , alias2: , alias3:

Dianne Jones on 1st September, 2020 made the following changes:

convicted at, term: 99 years, voyage, date of birth: 1808 (prev. 1806), crime

This record was discovered and printed on ConvictRecords.com.au