Summary
Personal Information
Transportation
Stephen Fitzgerald was transported on the Medina, departing 5th Sep 1823 and arriving 29th Dec 1823 with 179 passengers.
Medina 1823. Surgeon’s Journal states: 27 August 1823; Received on board 180 male prisoners. 2: 5 September 1823; Got under way from the Cove of Cork and made all sail for ultimate destination. Two days before our departure 3 of the convicts were taken away in consequence of orders, and it was intended to have replaced them by others, but our short stay would not admit of it. The remaining convicts were 177. One convict died at sea. SHIP NEWS.—On Monday evening last arrived from the Cove of Cork, which she left on the 5th of September, with 176 male convicts, the ship Medina, Captain Brown. The guard comprises a detachment of the 40th, under orders of Lieutenant Gunning. Assistant Surgeon Coleman, 40th Regiment, comes by this opportunity The Surgeon Superintendent is Dr. Rodmell, R N. who was here before in the Mary transport. Sydney Gazette, 1 Jan 1824.
Medina (generic)References
| Primary Source | Irish Convict Database, by Peter Mayberry. Colonial Secretary Index. |
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Convict Notes
Warrants of the Lord Lieutenant of Ireland Indent No; 125 Offence; Insurrection
Political prisoners were able to return to their country of origin after completing their sentence. From Dublin, via Hobart Town, on Sunday last, having left the former place the 9th July, and the latter on the 16th instant, the ship Eliza, (291 tons), Capt. Joseph Harris, with sundries. Passengers from Ireland :- Stephen Fitzgerald, farmer, Elizabeth Fitzgerald, infant, and Mary Fitzgerald; Sydney Gazette, 26 Nov 1833. --------------------------------------------------- One of the most sanguinary affrays we ever remember to have arisen out of Christmas revels, took place on Christmas Day last, on the Parramatta road, at the public-house called the " Spinning Wheel," kept by William Fitzgerald. A fight had taken place between an Englishman and an Irishman, when a general row commenced, which terminated in the death of a man named John Hughes. Another individual was so dreadfully beaten by sticks, that he was conveyed, together with the body of the murdered man, to the Hospital, where he now lies in a most dangerous Stale. Two persons named Sheilds, and Carrol, were committed by the Coroner for the wilful murder of the deceased; and William Fitzgerald, the landlord of the house, who is accused by the man in the hospital, with having inflicted the injuries on his person, together with Stephen Fitzgerald, his brother, Michael Quigley, Henry O'Brien, and Edward Lynch, have been apprehended as aiders and abettors in the transaction. The above named parties were taken before the Bench of Magistrates on Saturday last, when a partial investigation took place, but in consequence of the absence of some material witnesses, they were remanded for three days. The Sydney Herald, 30 Dec 1833. -------------------------------------------------- There are several reports of the case which can be found on TROVE. https://trove.nla.gov.au/newspaper/article/2215489?searchTerm=Stephen Fitzgerald# Stephen was convicted of manslaughter and sentenced to be transported for life. His brother William was found not guilty. -------------------------------------------------- Mr. Therry begged to take the opinion of the Court on the case of Stephen Fitzgerald, who had been convicted during the late criminal sessions, and was now on board the hulk, about to be sent, as he was informed, to Norfolk Island. He was free when tried, and according to the Act of Council————— . The Chief Justice observed, that when free men were sentenced, the Judges made a practice of sentencing them merely to be transported, and they were then sent away under the provisions of the law,—in case of convicts again convicted, they always added “to such Penal Settlement as His Excellency the Governor should be pleased to appoint.” Mr, Therry said this was a peculiar case, forth the prisoner had originally been transported, had become free, and went home, whence he had returned as a free emigrant. The words of the Act were persons who had arrived free in the Colony, now he had arrived free. Mr. Justice Burton stated he would write to the Governor at the rising of the Court, as he had tried the prisoner, to prevent his being sent to Norfolk Island. The Australian 10 Mar 1834. --------------------------------------------------- In 1834 his brother William Fitzgerald was found guilty of receiving stolen cattle and sentenced to fourteen years in a penal settlement. SUPREME COURT.- CRIMINAL SIDE. Before Judge Burton and a civil jury. William Lamb, stood charged with stealing 10 oxen, value £40, the property of William Bradbury ; and William Fitzgerald, for receiving them, knowing them to be stolen. The prisoners pleaded not Guilty. It will no doubt be fresh in the recollection of some of our readers, that Fitzgerald was taken to the Police Office on charge of purchasing cattle of John Usher, knowing them to be stolen, on which occasion he was dismissed, there not being sufficient evidence against him. At that time Usher absconded. Having since returned and made known circumstances calculated to criminate Fitzgerald, he was again taken up and fully committed. It appeared from evidence that prosecutor's stockman mustered his cattle on the 10th August, 1832, and found 10 missing; they were fat oxen, and ran with the herd near Burghton's station. Previous to the muster, Mr. Clarke, butcher of Sydney, purchased one hundred head from Bradbury, 50 of which he removed, and the others remained on the form. In February or March 1833, Mr. Clarke went to Wiltshire's slaughter house, and saw 9 bullocks there, and the man in the yard told him that he was going to slaughter them for Fitzgerald; Clarke then offered £3 5s ahead for them, which Fitzgerald first agreed to take, but afterwards refused, on the grounds that he wanted the hides immediately, and Clarke refused to have them all slaughtered in one day. On closer inspection, Clarke found that they bore Bradbury's brand, viz : W. on the off hip, and b on right shoulder, and very much resembled a portion of the cattle which he had left on the farm; his suspicions were excited, and he communicated the circumstances to Bradbury. lcely's evidence meant to shew, that the cattle were brought to the slaughter house by Usher, and slaughtered in his name. Mr. Forster, inspector of slaughter houses, also produced the book in which Usher's name was entered as the owner. Usher's evidence, upon which the charge solely hinged, deposed that in August last, Fitzgerald employed him to go near Broughton's station for 9 bead of cattle, which were delivered to him by Lamb ; he brought them safe to Sydney, and Fitzgerald enclosed £18 in a letter and sent it by witness to Lamb, to whom he delivered it; he did not sell the cattle to Fitzgerald nor did he receive £20 for them ; some time after Fitzgerald told him that Lamb had been taken up on suspicion, and recommended him to go out of the way, and gave him 10s. ; he afterwards received thirty more from him. For the defence, Richard Delaney swore that in August 1932 he was at the Spinning wheel, and saw Fitzgerald pay Usher £20 for 9 head of cattle, and Usher gave a receipt for the amount; the same receipt as was then before the court, which was witnessed by a man of the name of Carrol, since transported for being concerned in a row at the spinning wheel, in which a man lost his life. Mr. Sydney Stephens also swore that Usher lived with him 15 months, & he considered him a petty thief, and would not believe him on his oath. Messrs. Manning, W. Williams and Ryan gave Fitzgerald a character for strict integrity and honesty up to the time he stood charged with the present offence. His Honor then addressed the jury, and said it would be for them to decide, whether they would give evidence to Usher's testimony or not t lie commented strongly on Fitzgerald's purchasing cattle of him, knowing as he did the nature of Usher's character. Even if what had been stated were true, that he did purchase them of him, he must have known that he did not come by them honestly. He also said that the fact of their being slaughtered in Usher's name had a very dark appearance. The jury after consulting half an hour, returned a verdict of Guilty against both parties. Lamb was sentenced to be transported for life, and Fitzgerald for 14 years. Sydney Times, 14 Nov 1834.
On Thursday Mr. Serjeant Torrens proceeded hence to Six-mile-bridge, county Clare, where he held Sessions for the trial of insurrectionary cases. The Assistant-Barrister, E. Scott, Esq and thirty-four Magistrates, were on the Bench. Stephen and William Fitzgerald (brothers) of Cratloe, for being out of their dwellings or. the night of the 31st ult. In their defence they alleged they were attending the fair of Newmarket, hut could not account why they were not home the unseasonable hour at which their apprehension was effected; though living in the neighbourhood of the Court, no person came forward to character; Guilty. The Learned Serjeant immediately sentenced them to seven years transportation to Botany Bay, and they were sent from the dock on their route. They arrived in this city at eight o'clock, under escort the 93d Highlanders, and at an early hour yesterday morning were dispatched for Cork. The conduct of these men, on hearing their sentences, was was most outrageous in the dock. Their conviction gave much satisfaction. Sunders News-Letter, 9 April 1823.
NSW Permissions to Marry. 1825-1851. Permission 30 May 1828, Roman Catholic Church. Stephen Fitzgerald, per Medina, age 30, 7 years, Bond, Disallowed, and Mary Geary: alias Mary Lee, Free. Rev. Daniel Power. Permission was NOT granted.
THE undermentioned Persons have obtained Certificates of Freedom during the last Week ; viz.- Medina, Stephen Fitzgerald. Sydney Gazette, 27 Apr 1830.
Irish Convict Database, by Peter Mayberry. Stephen Fitzgerald, age 26, Medina (1) 1823, Tried 1823 at Clare Co., 7 years. DOB 1797, native place, Clare Co. Ploughman shearer. -------------------------------------------------- Colonial Secretary Index. FITZGERALD, Stephen. Per "Medina", 1823. 1824 Mar 3 -Employed by Robert Futter (Fiche 3089; 4/1837A No.366 p.416) 1824 Mar 3 - Convict servant of Robert Futter. To be victualled from the Stores for six months (Reel 6012; 4/3510 p.431) 1825 Aug 20 - Convict servant of William Fitzgerald. To be victualled from the Store at Sydney for six months (Reel 6015; 4/3515 p.170) -------------------------------------------------- 1828 Census Index. William Fitzgerald, age 34, A.P. Medina, 1824 7 years, catholic, Farmer, Brisbane Water district, Hold 100 acres, of which 30 are cleared and 25 cultivated. Has 60 cattle. Stephen Fitzgerald, age 30, G.S. Medina, 1824, 7 years, catholic.