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Mary Ann Gallagher

** community contributed record **

Name, Aliases & Gender

Name: Mary Ann Gallagher
Aliases: none
Gender: f

Birth, Occupation & Death

Date of Birth: -
Occupation: Nurse girl/servant
Date of Death: 12th November, 1832
Age: -

Life Span

Life span

Female median life span was 61 years*

* Median life span based on contributions

Conviction & Transportation

Sentence Severity

Sentence Severity

Sentenced to 7 years

Crime: Stealing linen
Convicted at: Dublin City
Sentence term: 7 years
Ship: Edward
Departure date: 1st January, 1829
Arrival date: 26th April, 1829
Place of arrival New South Wales
Passenger manifest Travelled with 61 other convicts

References

Primary source: Moreton Bay Register of Convicts
Source description:

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Community Contributions

Maureen Withey on 3rd August, 2019 wrote:

Moreton Bay Register of Convicts.

Mary Gallagher, Edward 1, Convicted at Dublin City, 17 Nov 1827, for stealing linen. Sentence, 7 yrs. Trade – nurse girl. Colonial Sentence, Supreme Court, Sydney, 13 Sep 1830, for Stealing in a dwelling-house above £5, sentence, Death received, commuted to 7 years. Died.  Hospital 12 Nov 1832.
Description: Mary Ann Gallagher, Native place, Dublin, age 20, 5 ft 1 ¼ height; Fair complexion P.(pocked) freckled, brown hair, blue eyes, R.C. religion. (Catholic)

Irish Convicts Database, by Peter Mayberry
Mary Ann Gallagher, age 17, Edward 1 (1829), Trial place, Dublin, 1827. DOB. 1806, Native place, Dublin, Crime, stealing linen. Single mother Judith Gallagher arrived about 14 or 15 years, Trade, nurse girl. Died 1832 at Moreton Bay.

The case for which Mary Ann received her Colonial sentence was reported in the Sydney Gazette, 14 September 1830.
Supreme Court
MONDAY, SEPT. 13th.
Mary Ann Gallagher, was indicted for stealing 200 rupees, value £15, the property of Edward Stewart, in the dwelling-house of Daniel Egan, at Sydney, on the 29th August ; and Mary Ann Holland, for receiving part of the property, knowing it to have been stolen at the time and place aforesaid.
Mr. W. H. Moore, conducted the prosecution. 
Edward Stewart.- I was lately chief mate of the brig Flora, and now reside with Mr. Daniel Egan, at No. 3, Cambridge-street; on the 23rd August, I left the Flora, and went to live at Mr. Egan’s; on the 27th of the same month, I received 606 sicca rupees, as the balance of my wages, which I deposited in my trunk at Mn Egan’s; I went out the same day, met a shipmate, and slept on board that night, the next morning I went to the Dock-Yard, where I met Mr. Egan, and in consequence of what he told me, I went home, and was informed by a boy that my chest had been robbed; I then went to my chest and found the money tied up as I had left it, but on counting it I discovered that 210 rupees were missing; the boy who told me of the robbery is my servant; I did not lock my chest but I locked the door of the room, in which it was deposited, and left the key with the boy; I afterwards saw soma rupees at the Police Office; I know the prisoner, Gallagher; she was a servant to Mr. Egan; I do not know that she knew I was possessed of any rupees.
Mr. Daniel Egan said, I live in Cambridge-street, and am a housekeeper; Mr. Stewart came to lodge with me about the 15th or 20th of August; the prisoner Gallagher was my assigned servant; on the 27 of August I accompanied Mr. Stewart one morning from the Dock-yard home; I had heard that morning that his box had been robbed; when we got home; Mr. Stewart counted his rupees, and said there were a number missing; by this time Gallagher, who had been out, came home, I asked her if she had taken the rupees and she denied it, and went into the kitchen; I questioned her again, and told her the consequences, and she at last confessed that she had taken them.
By the Court -Did you tell her that it would be better for her to confess?
Witness.-I did.
The Court.-Then we cannot receive this evidence.
Witness.-She said she would bring them back in half an hour, and went away, but never returned; when Mr. Stewart came to lodge with me, there was a room appropriated to him, of which he kept the key; I did not then know that there was any other key in the house which would open it, but I have since ascertained that the key of the store, which was generally kept either by the prisoner, Gallagher, or a man servant would open it.
Francisco Panacho, a boy, native of Manilla, examined by means of an interpreter, said I know the prisoner Gallagher; I saw her in the room of my master, Mr. Stewart, in the night, about eight o’clock; I saw her taking the money out of the trunk, and caught her by the hand ; I do not know how much she took; when she got the money she went into the kitchen, and I followed her ; she went into the room while I was in the kitchen; I had the key of my master’s room in my possession at the time, and did not suspect any thing wrong; I was induced to go to the room from hearing the door creak; she opened it with another key; I had locked the door about an hour and a half before; I do not know how many rupees she took; when I followed her into the kitchen I saw three rupees fall from the person of the prisoner, which I picked up, and gave to my master when he came home next morning when I came into the room she was taking money out of my master’s box, and I caught hold of her; I swear solemnly she was taking the money; she left the house afterwards, but returned again; a little girl about 12 or 13 years old, the children, and a man servant were in the house that night, I do not know what time Mr. Egan returned home, as I went to sleep; the prisoner carried the money away in her lap ; I told the servant man that night what I had seen; the money was safe, as my master left it, when I locked the door ; I know my master had money there; the prisoner had no light when I saw her at the box, but it was a moonlight night, and sufficiently bright to enable a person to see all over the room; my master did not come home that night; he returned again next morning.
Cross-examined by Mr. Stephen for the prisoner, Holland.  The man William, and I, went out that evening, about’ seven o’clock; I returned in less than an hour and found William lying in an out-house intoxicated ; I slept that night in my master’s room, as usual; I was present when my master brought the money home, and put it in the box.
By a Juror.-There was the key of another door in the lock when I found the prisoner in my master’s room.
Mr. Stewart recalled.- I never recovered any of the 210 rupees which wore stolen; I saw 27 at the Police Office.
Jane Sutton said, I live at Mr. Marshal’s, in Cambridge-street; I know the prisoner Gallagher; she came to our house one Friday in the latter end of August, about one o’clock, and asked me to go out and take a walk; she had something in her apron at the time; I did not go with her, and she went away.
John O’Dowd, a wardsman in the Sydney Police, said, on the 27th August, 1 went to the house of the prisoner, Holland, in Sussex-street; she was at home; on my approaching the house she was standing at the door of the house next but one; it was night, and the moon up ; when “she saw me and constable Mathews approaching, she walked as fast as possible into her own house, and before we reached it, she and the prisoner, Gallagher, came out, and hasped the door;, I asked her to open the door, which she refused to do ;I said I would open it myself and search the house, as the girl Gallagher was charged with a robbery; she said she would not allow me to search the place at nil unless I forced my way in ; I then took the hasp off the door and took Gallagher into the house with me; I desired’ Holland to come in and see what I was doing, which she refused to do, and I proceeded to search the house ; I found 27 rupees in a box,  folded up in some paper; I counted them in Gallagher’s presence, Holland, I believe, stood outside the door, and I called upon her to come in and see what I had taken; she refused to come in, and said as I had broken open the house and searched the place, I might do as I liked -, I asked her how she came by the rupees, and she said they were part of her husband’s earnings, and that she would go for him ; when I had done searching I stood outside waiting for Holland and her husband to come home; he came up before her, and I told him what I had done, and he wanted a receipt for the woman Gallagher, and the money ; he said he would account for the rupees ;I am positive that, before I searched the house, I told Holland that Gallagher was charged with robbing a young man who lodged at her master’s of 210 rupees; I took Gallagher into custody then; Holland was not taken until the following morning, when she was brought to the police office.
Cross examined by the prisoner, Gallagher. When I saw Gallagher coming out of-  Holland’s house, I said “What is this you have been up to? You have made a nice thing of it,” or words to that effect ; she asked me what was it; I told her she was charged with robbing Mr. Stewart of 210 rupees; she denied all knowledge of it ; she said she knew nothing at all about it.
By Mr. Stephen, for the prisoner, Holland - Gallagher was then an assigned servant to Mr. Egan; a person is liable to be fined for harbouring a prisoner of the Crown; Holland might have been fined for harbouring Gallagher, if the matter had not assumed its present form ; Holland passes as a married woman ; her husband demanded a receipt for the rupees; she was apprehended at the Police Office; I do not know that she came there with her husband to demand the money I had taken ; Holland did not attempt to resist my taking Gallagher, but she resisted searching the house ; she said her husband was absent, but she did not say that she would not allow me to search the house till he came home; I do not think those words were used; I do not know the value of 27 rupees in sterling money; it is hard to tell as they fluctuate so; I am informed that the husband of Holland is a Sawyer;  I do know the daily wages of a Sawyer.
By the Court - I believe rupees were in common circulation at the time I made this search.
This was the case for the prosecution.
The prisoner, Gallagher, called back Mr. Egan, who said, I do not know who opened the door for me when I came home on the night the robbery was said to he committed; I found Gallagher lying with the children of whom she had the care, on the bed, with her clothes on; there was nothing particular in that circumstance; I did not threaten to knock her b-y head off with a chair if she did not tell where the money was; she lived in my house 16 or 17 months, and I never had any complaint to make of her honesty; I would have trusted her with any thing.
Mr. Stewart, recalled, said he could not pretend to identify the rupees found in the house of Holland, as part of those stolen from him.
The learned Judge summed up the evidence, and told the Jury, with respect to the prisoner, Gallagher, assuming she had stolen any part of the property laid in the information, they must be satisfied that she had stolen to the amount of £5 at one time, to bring her within the scope of the capital part of the charge, though, if she had stolen only one rupee, she would be liable to a conviction for larceny.  The case against the prisoner, Holland, rested solely on the testimony of the constable respecting her demeanor when he was about to search the house. It would be for the Jury to say, whether her conduct on that occasion, was that of an innocent person. If, however, they had any reasonable doubt as to her guilty possession of the rupees found in the house, supposing them to be part of those stolen from Mr. Stewart, then they would take the most lenient view of the case, and give her the benefit of that doubt by an acquittal.
The Jury, after a short absence, returned into court, and stated, that they could agree with respect to the case of the prisoner, Holland. 
The Crown officer consented to withdraw a juror, and the prisoner was discharged, after an admonition from the learned judge, who stated, that no person who heard the case, could entertain a doubly as to the verdict which might have been returned, had it not been for the tender consciences of the jury.
The prisoner, Gallagher was found Guilty, and the Court ordered judgment of death to be recorded against her.

Moreton Bay Burials 1 July 1832 – July 1836
Mary Ann Gallagher, convict, ship, Edward, age 22, died 12 Nov, buried 13 Nov 1832.

Convict Changes History

Maureen Withey on 3rd August, 2019 made the following changes:

convicted at, term: 7 years, voyage, source: Moreton Bay Register of Convicts (prev. ), firstname: Mary Ann, surname: Gallagher, alias1: , alias2: , alias3: , alias4: , date of birth: 0000, date of death: 12th November, 1832, gender: f, occupation, crime

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