Edward Perry

Level 72

Robin Sharkey on 25th June 2022

_____________________ DETAILS of IRISH CRIME The following is summarised from the Irish newspaper report of Patrick Croghan’s trial – ‘Freemans Journal’, Friday March 20 1835, p.3 Col 1. Only Perry and Norton’s sentence was reported, not their trials, since Croghan’s trial was conducted first and fully reported on. However the evidence would have been similar. Mary Dempsey, the victim: When Mary Dempsey was called to give her evidence she was inarticulate for nearly a quarter of an hour and continued to sob violently until the Crown counsel ordered her some water, “so great was her agitation and so violent the effect seemingly produced by a sense of the injury she received”. Mary was 19 or 20 years old, born in county Galway to her married Welsh mother and West Indian father. Her mother died young and although her father was only employed as a servant, he supported her and paid for her schooling until four years prior. Reflecting the racist era, despite being born and raised in Ireland and having a Welsh mother, several witnesses referred to her as “the mulatto”, or even “the tawny” (by approver Thomas Duffy). She then started work as a servant to John Kilkelly, a magistrate at Loughrea (Co. Galway). After this, Mary moved to Athlone, on the border of Westmeath and Roscommon “to try and better my situation”. But after several employers of no more than three months each, and accommodations with different families she found herself severely distressed i.e. impoverished. She’d had to leave her latest employer because of dishonesty through keeping a pair of stockings belonging to her employer (she said she did this only because she was distressed for stockings). On 15th August 1834, four days after her services were ended, she went out for a walk in the evening about 9 -10pm at night. She’d hoped “to find any respectable person to give her relief” - she had not eaten for four days and her employer's last payment had to be used to get her coat out of pawn. When she didn’t find anyone to help her, her next option was to prostitute herself. THE ASSAULT She noticed that she was being dogged by a man, Pat Croghan, who was one of the accused, and to avoid him she went into a public house. There, four soldiers were out on a spree and a girl named Ellen introduced her to them and she “engaged with one of the soldiers”. When she came outside to retire to her lodging, Croghan was still sitting on the flags outside, so Ellen and two of the soldiers “to whom she had fled for protection” accompanied her on the way home. Pat Croghan then came up to her in company with a man named Johnny English. Croghan “threatened to have revenge on her but she did not know why. She then threatened him with the police but notwithstanding he and English kept pursuing her till she came to the other end of town when they were joined by a third person who she did not know.” An approver named Thomas Duffy gave evidence that he’d seen Johnny English come up the street and offer Pat Croghan some whiskey to take “the tawny” from the soldiers. Croghan asked the soldiers for her so then one of the soldiers pushed her away from him. English ran up and put his hand around Mary Dempsey’s neck. Duffy claimed she then said she was “willing to go” with English. Thomas Duffy said she did go with English on the road leading to Love Lane until she saw Croghan, whereupon she screeched violently and tried to fly but there was a mob, who prevented her from fleeing. Mary’s version was that she was carried bodily and against her will [presumably by English and the other man] about 20 yards on the road leading to Lord Castlemaine’s when a crowd of twelve to fourteen persons assembled and all joined in preventing her from returning. She screamed and clung to a car but despite her efforts “they tore her thence”. She again got loose and ran to one of the soldiers for protection “but the numbers who were around her threatened the soldiers and ordered them to give her up, stopping the road on either side with stones which they held in their hands, in order to intimidate [the soldiers].” She said she screamed and “entreated mercy but could find none and she pulled off one of the soldier’s sword-belts while she was striving to cling to him for succour.” The approver Duffy admitted to having watched on. Pat Croghan was first found guilty and sentenced to be executed two weeks later on Thursday, 2 April 1835. However, he was obviously reprieved, as he sailed on “Lady McNaughten” on 23rd June, with Perry and Norton. Edward Perry and Hugh Norton, were found guilty of rape and received sentence of “death recorded” which effectively meant they received the death sentence but would not be executed. Instead, they were transported to NSW, each for seven years, on the “Lady McNaughten”, with the main instigator, Pat Croghan.

Level 72

Robin Sharkey on 25th June 2022

“Assize Intelligence – WESTMEATH “Patrick Croghan, Edward Perry, and Hugh Norton were put to the bar for assaulting and violating the person of Mary Dempsey, a mulatto.” per: Freemans Journal, Friday, March 20 1835, p.3 Column 1 These three men perpetrated a gang rape on Mary Dempsey (in C19th courts, she was called the “prosecutor” of the crime). They were aided by a mob of a dozen or so people who had prevented her getting away and surrounded her while she was being raped. Together, at the Westmeath Assizes in Easter 1835, they all pleaded not guilty. But then they could not agree in their challenges so Croghan was put on his trial individually, with Norton and Perry being removed from the court room. Norton and Perry were then tried after, since all were found guilty and sentenced at the same March Westmeath Assizes in 1835. CONVICT Records in NSW: 1840 - Ticket of Leave Number: 40/1474 Year: 1840; Allowed to remain in the District of Scone; Sydney Monitor, 10 August 1840, p.2 “The undermentioned prisoners have obtained Tickets of Leave since last publication: County of Brisbane - Perry, Edward, Lady McNaughten.” [County of Brisbane includes Scone, Murrurundi and Merriwa] His seven years’ servitude would have been up by April 1842, when he was 29 years old. 1843 - Certificate of Freedom: Licence Number: 43/0654; Dated 25 Apr 1843; NSW Gov Gazette, 20 Oct 1843 p.1368 –– “CERTIFICATES of Freedom have been prepared in favour of the undermentioned persons: Perry, Edward, ‘Lady Macnaughten’.”

Level 56

Wendy Smith on 17th September 2019

Printed indentures states that Edward Perry was 22 years old; could read and write; religion Roman Catholic and status single. He was a native of County Westmeath and his occupation was weaver. He was convicted of rape at County Westmeath on 12 March 1835. Sentenced to 7 years and no prior convictions. He was convicted on the same day with Patrick Croughan and Hugh Norton. Physical attributes height 5 feet 4 inches; complexion ruddy, freckled and pock pitted; hair brown and eyes hazel grey. Prison number 35-2607 and transport number 228.