Joseph Furniss

341

Maureen Withey on 5th June 2024

Published in the Sydney Monitor, 28 Nov 1832. Statement of The Case of Joseph Furnis, New South Wales. On the 26th day of August, 1828, Joseph Furnis was tried before the Supreme Court, New South Wales. for a burglary, of which he-was pronounced guilty; and on the 6th of September, sentence of death was passed upon him, and he was ordered for immediate execution. During the trial, it transpired that Furnis had conducted himself so commendably since his arrival in the Colony as a convict, that he had been granted a ticket-of-leave, or partial remission of his original sentence, which allowed him to work on his own account. At the same time, the evidence, which was only circumstantial, was so doubtful, as to leave an impression upon the minds of all but the military, Jury who convicted him, of his entire innocence. A respite consequently was obtained for a month; when a second warrant was issued for his execution ; but which was again stayed, to allow further time to investigate the doubtful point in the evidence, that of identity. The prosecutor was an old man, very infirm, whose sight was greatly impaired and as the crime was perpetrated about midnight, and a long time. had elapsed before the apprehension of Furnis,it was naturally supposed, that a mistake in his person might have, and most probably had, arisen. The refusal of the Prosecutor to admit the possibility of his error, however, induced the Judge to refuse interfering in suspending the operation of a third warrant, which the Governor had directed. Previously to the day of execution, nevertheless, a circumstance occurred, which satisfied the Judge of the complete innocence of Furnis. A man, named Iruns, confessed himself to he the actual party who committed the offence for which Furnis was condemned - That confession was taken down by the Registrar from the mouth of Iruns himself in Jail, and the whole detail of the transaction corresponded so minutely with the Judge's Notes of the Trial, as fully to produce conviction as to the verity of the confession of Iruns, who was shortly afterwards executed, and who died attesting its perfect truth. A representation of the case was made by the Judge to the Governor in Council, and a free pardon for Furnis was ordered. And yet, notwithstanding this order, the Governor did not think proper to release this unfortunate man from Prison, where he was heavily ironed during the time, until the 22nd day of February, 1829 ; and even then he would not have been set at liberty, had not the Judge himself condescended to petition the Governor for this act of justice. But when he did actually obtain his long withheld pardon, General Darling published an Advertisement in the Gazette, setting forth that Furnis having been convicted of a Burglary, His Excellency had been pleased to cancel his Ticket of Leave; and he was accordingly returned to Government Labour on the Public Roads.

116

Tony Beale on 22nd March 2022

NSW BDMs Marriages Registration number 574/1840 V1840574 24B Groom's Family Name FURNISS Groom's Given Name(s) JOSEPH Bride's Family Name(s) NEIL Bride's Given Name(s) ELIZABETH District MK(Church of England Brisbane Water)

25

Patricia McGufficke on 26th September 2018

JOSEPH FURNICE arrived in Australia per the "Somersetshire" in October 1814 under Master Scott. He was a brickmaker from Yorkshire, and had received a Life sentence at the York Assizes on 31 July 1813 when tried before justices, Sir Alan Chambre, Sir George Wood, and M. Stocks Esq. Joseph Fournis, aged 18 years of Cleck-Heaton, in the West riding, labourer, was committed 11 May 1813. Charged upon the oath of George Holroyd of Hartshead cum Clifton in the said Riding, farmer, with having, on the night of the 30th April last, or early morning of the 1st of May instant, along with George Chew, alias Knowles, alias Wilkinson, burglariously entered the dwelling house of the said George Holroyd in Hartshead cum Coifton aforesaid and feloniously taken and carried away a quantity of bacon, butter and eggs, his property. George Wilkinson, aged 20 years of Scholes in the township of Cleck-Heaton in the West Riding, coalminer, was committed 4 May 1813 charged with the same offence plus other articles, also a leather purse containing 6d of silver therein and otherwise putting him (George Holroyd) in fear of his life by threatening to kill him. Joseph Furniss was found guilty of burglary and sentenced to be hanged. This sentence was reprieved to life. George Wilkinson was also found guilty of burglary and he was sent to Wakefield Prison where his sentence was reprieved. Joseph's date of birth is highly contentious. His age displayed on a number of documents differs markedly from the christening entry found on the IGI. Two examples include : 1.) 1837 Muster, here his age is 44 (born 1793); 2.) Trial records from 1813 show him aged 18 (born 1795). Joseph's surname is spelled FERNICE, Fournis, Furnis, Furnance and Furniss in many of the convict returns and recorded as FURNISS on others, including his Ticket of Leave. His wife Mary Ann's death is registered in the name of Furness. Possible birth and baptism found in Ancestry.co Yorkshire: Rothwell - Registers of Baptisms and Burials, 1763-1812 09 Jun 1793 Joseph son of Jno & Anne Furniss born 20 Apr 1793. Joseph was approx. 5' 6 1/2 " tall, with a very fair complexion, white hair and clear blue eyes. In 1817 he was given permission to marry 13 year old Mary Ann Richards, the marriage taking place on 27 Oct 1817 at St Phillips Church of England, Sydney. Rev. William Cowper officiated. Mary Ann and Joseph Furnace signed an Indenture of Assignment to David Braithwaite on 10 Nov 1819 for an allotment and skillion on the East side of Pitt Street, Sydney, bounded on the south by Mansfield's allotment, on the west by Pitt Street and at the rear by Kelly's allotment. The land had been given and granted unto the said Mary Ann Furnace by Governor Macquarie. The indenture is registered in the Old Land books, Book C Page 109, Entry 139. 1823-1825 General Musters of NSW show Joseph with a Ticket of Leave, working as a labourer, and living at Wilberforce. Mary Ann is shown as MARY ANN RICHARDS, BC, 20, wife of Joseph TURNER, Wilberforce. 1828 Census - Thomas Richards, 19, fisherman, and Eliza Palmer, 18, housemaid, both born in the colony, living at Botany Bay in the household of Thomas Taylor, fisherman. Thomas Taylor, 30, Ticket of Leave, arriv. General Hewitt in 1814, sentenced to life. Mary Firnness (who was the sister of Thomas Richards, and wife of Joseph Furness who was in gaol in 1828), 20, BC, housemaid, William Frost, 28, T.L., arr. 1818 Eleserbeth (Elizabeth?), 7 years, fisherman were also living in the household. All were Protestant. Mary Ann was living at Mud Bank, Botany Bay when she died on 8 October 1829, aged 26 years by "visitation of God". The inquest into Mary Ann's sudden death found that "On Friday last, at a place called Mud Bank, near Cook's River, deceased was amusing herself with a child in the garden of the cottage where she resided, when she was seized with a violent fit of coughing, which terminated in a hemorrhage from the mouth, and produced death in about ten minutes after." The Australian, Wed 14 Oct 1829 reported the result of the Coroner's Inquest: On Friday, the 9th instant, Major Smeathman, Coroner for Sydney, held an Inquest at Mud Bank, Botany, or Cook's River, on the body of a young woman named Mary Furness, who on the preceding evening had been playing in the garden of her cottage, with a little girl about eight years of age, when she was seized with a fit of coughing, which was succeeded by vomiting of blood, and in ten minutes after she was a corpose. The Jury returned -- Died by the Visitation of God. 1829 Joseph Furniss, Somersetshire, in Windsor District, received his Ticket of Leave. (Sydney Gazette 17 Nov 1829 p3) but it was later cancelled. Joseph absconded from a number of employers during 1831 and 1832. An application was made on 3 Nov 1840 by Joseph Furniss, 46, Bachelor, Somersetshire 1814, Life, TofL, and Elizabeth Neil, Spinster, 40, Pyramus 1, 14years, TofL, to wed. Permission granted 12 November 1840 and they were married by Rev. E Rogers, Brisbane Waters. Joseph finally received his Conditional Pardon in 1847 (FURNISS Joseph Somersetshire 1814 47/271 CP 10 Apr 1847 [4/4451] 783). See The Maitland Mercury and Hunter River General Advertiser, July 28, 1847.