Daniel Hyland

341

Maureen Withey on 28th July 2025

Michael McCarthy and Daniel Hyland were next brought up for judgment, both the prisoners had been convicted on Saturday of horsestealing. M'Canliy was rather novice in the art, but Hyiand was profound adept. Baron addressed both the prisoners on the offences for which they had been found guilty, and told them, that the crime of horse stealing was becoming frequent in this country, that sooner later, lire law, which made that crime capital, should be put into execution. The law respecting the offence was the same in Ireland in England, and in the latter country had, within the last few years, been repeatedly  suffered to take its course. was his duty pronounce sentence of death upon both the prisoners. In doing so, would hold out hope to neither of them ; but most particularly to Daniel Hyland. He, it had been pardoned by Government seventeen years ago for the offence which he now stood convicted  for, and the return which he made for the lenity extended him, was to persevere his bad courses. All the Court could promise was that the Government should be disposed to extend mercy to one or either of the prisoners, he would not interfere between them and their mercy, His Lordship then pronounced the awful sentence of the law upon both the prisoners, inculcating upon the mind of Hyland, in particular, the necessity of preparing himself to receive that mercy in another world, which may not probably await him in this. M is a young man, and from the neighbourhood of Glasheen. Hyland it should suppose, about seventy years old. Cork Constitution, 10 April 1828.

71

Robin Sharkey on 19th October 2023

Daniel Hyland had a long history in Ireland of horse stealing. He’d skipped out of being executed twice (including via this transportation), and out of being transported once before. Sometime shortly after being sentenced to death at the 1828 Cork Easter Assizes for stealing a colt, he was reprieved to transportation for life instead. This would have been difficult since he was apparently an older man. Here is a newspaper summary of his career and near-brushes in Ireland: Belfast Newsletter, Friday 18 April 1828, p.2 “Daniel Hyland, convicted at the Cork Assizes of stealing a mare, the property of John Flood, is to be executed on 3d May [1828]. The case of this culprit is of a singular and rather novel nature. “He is over 70 years of age and about 17 years ago he was convicted of a like offence to that for which he is doomed to suffer the extreme penalty of the law, and got off for seven years’ transportation, and was actually on board the transport when he was pardoned. “He then went down the country and resumed his old trade - was apprehended again, tried and convicted at the Clonmel Assizes where he was sentenced to death, but reprieved on his assuming the duties of hangman. This occupation he filled, in that county, we understand for seven years, but having transgressed he was sent about his business and once more connected himself with his old gang of horse stealers, who committed the most extensive depradations throughout the several counties in Ireland — and it was while so engaged that the stealing of the mare was brought home to him which (from what Baron Pennefather said on passing sentence) is likely to terminate his guilty career. He has stolen 63 horses from time to time, and not one of them was sold in the same county from which it was stolen." Daniel’s Age Daniel Hyland’s age was always rubbery. On the ship’s 1829 indent his stated 70 years of age was remarked on as being doubtful. He may have been treated easier if he said he was old. (even 70 was thought very old then). But in 1833 he was recorded as being 68 years old, when he was a witness in a trial of another convict servant for sheep stealing. That would make him 64 when he was transported. On his death in 1838 he was reported to be only sixty years of age. He was apparently assigned to Mr George Bowman of Picton on his 1829 arrival (indent?). He got his ticket of leave in 1837 for the Bathurst area, where he was employed. Ticket of Leave no 37/205. In 1833 he was servant for William Calf / Calfe / Café at White Rock, near Bathurst, and working as Mr Calf’s shepherd. William Calfe was born in NSW in 1801, the son of a convict and in 1832 had married a daughter of the suspect and increasingly disreputable Laurence Halloran who ran a decent school in Sydney although he was not properly trained. Mrs Eleanor Calfe was aged only 18 to Calf’s 31 years. On the adjoining farm lived James Dixon, who had banns called to marry Calf’s woman servant Ellen Smith, who would have lived at the property at the same time Daniel Hyland did. The neighbour, Dixon, was charged with breaking into the Calf house on 20 August 1833 (not guilty of this) and of stealing a sheep. Hyland gave evidence about the sheep stealing. While the newspaper reported Daniel Hyland was pretty much unshakable in his evidence, the Jury told the judge they were torn about how much credit to give him because of his age. They came back again with ‘guilty’ but used the shepherd’s – Hyland – advanced age to recommend the accused Dixon to mercy. So this implied they were doubtful about Hyland’s credibility – perhaps as to his memory, or his vision etc because he was old. The judge told them Hyland’s advanced age in giving evidence was irrelevant to issues of mercy for Dixon, and they were questioning his credibility yet their guilty verdict indicated they’d believed him. So then the Jury asked for a character statement for the accused. This had its own complications but in the end the judge said the Guilty verdict was a proper one. The prisoner, James Dixon, was ordered to be transported for Life – ie. He’d be sent to a prison such as Port Macquarie or to Norfolk Island. The Sydney Monitor, 13 Nov 1833, p.2 “James Dixon, was indicted for a burglary in the dwelling-house of William Calf, at Bathurst, on the 20th of August last. It appeared that the prosecutor is a Settler residing at the White Rock. …. (After further detail, a Not Guilty verdict is reported) “The prisoner was again indicted for stealing a sheep, the property of William Calf, at Bathurst, on the 20th of August last. “Daniel Hyland, a shepherd to the prosecutor deposed, that between the hours of one and two of the night laid in the indictment, he was alarmed by the dogs barking. He got up and saw the prisoner in the fold, having a sheep, with the two fore-feet tied together with stringy bark. Prisoner was lifting the sheep towards the fence, when witness caught hold of him, and prisoner, after hitting him two thumps on the head, ran off. Prisoner when he ran, left a whip and part of a bottle of wine behind him. “The witness was aged sixty-eight years, and in his cross-examination, which was severe, stuck close to his story. The prisoner called no witnesses, and simply declared his innocence.” 1838 NSWBDM Death of Daniel Hyland, recorded to be only sixty years of age.

56

Wendy Smith on 25th February 2020

The Convict Indentures states that Daniel Hyland is 70 years old. [Record comment next to this age says doubtful.] He could neither read or write; religion Catholic; status married and 5 children and a native of Tipperary. He ploughs and reaps. He was convicted of house stealing at Cork City on 5 April 1828 and sentenced to life. He had no prior convictions. Physical attributes - Height 5 feet 6 1/2 inches; complexion ruddy; hair brown to grey, bald and eyes grey. Transport number 176. Assigned to Mr George Bowman, Picton. Name is blurred. Received ticket of leave in 1837 (number 37/205).