Ormsby Irwin

343

Maureen Withey on 30th September 2025

GOVERNMENT HOUSE, HOBART TOWN, Tuesday, 14th January, 1817 HIS HONOR the LIEUTENANT GOVERNOR, at the Recommendation of His Excellency the Governor in Chief is pleased to appoint Ormsby Irwin an Overseer of the Public Gangs in this Settlement, with a salary of Twenty five Pounds per Annum, commencing from this Date ; he is therefore to be obeyed accordingly. By Command of His Honor the Lieutenant Governor, J. B. Boothman. Clerk. Hobart Town Gazette, 18 Jan 1817. ---------------------------------------------------------------- BENCH OF MAGISTRATES PROCEEDINGS. On the 14th inst. William Rollands and John Burke, servants of the Crown, were charged with leaving Hobart Town, with an intention of making their escape into the woods, and joining the Bushrangers. From the evidence of ORMSBY IRWIN, a Crown servant and Overseer, it appeared that he had occasion to be at Mr. O'Brien's farm, at Humphrey's River, beyond New-town; when Burke and Rollands came to the premises. IRWIN having some previous knowledge of the prisoner Burke, inquired their business in that quarter, when he replied he was to be the means of guiding a party of soldiers going in quest of the bush-rangers. Not having a pass and the account they gave being unsatisfactory to IRWIN, he took Burke into custody, and Rollands made his escape. John Gregory, a Crown servant, who was in company with Irwin, confirmed his statement. The prisoners, in their defence, acknowledged they were absent from Hobart Town without a pass. The Magistrates found them both guilty, and sentenced them each to work in the gaol gang for three months. On the 15th inst. the before-mentioned WILLIAM ROLLANDS was charged with threatening the life of the said ORMSBY IRWIN; This charge arose from the said ORMSBY IRWIN having been the means of securing the prisoner, and John Burke. The Court found the said WILLIAM ROLLANDS guilty of the offence before charged, and at the expiration of his former sentence directed, that he be further confined to the gaol gang for 6 months. Hobart Town Gazette, 19 April 1817. HIS HONOR the LIEUTENANT GOVERNOR is happy to have an Opportunity of Commending the Conduct of Ormsby Irwin, Overseer of one of the Government Gangs, in arresting, and bringing in as Prisoners, John Burke and Thomas Rowland, Crown Servants, who were found on the other side of the River without Passes, under Circumstances of Strong Suspicion, on Sunday last. The Lieutenant GOVERNOR directs a Reward of Three Guineas to be paid from the Police Fund to the said Ormsby Irwin. By Command of His Honor the Lieutenant Governor, W. A. ROSS, Secretary. Hobart Town Gazette, 19 April 1817. ----------------------------------------------------------- GOVERNMENT HOUSE, HOBART TOWN Saturday, 26th July, 1817. Civil Department. HlS HONOR the LIEUTENANT GOVERNOR is pleased to approve of the Appointment of Ormsby Irwin to be Gunner and Signal Man, vice E. Barnes, deceased. Hobart Town Gazette, 26 July 1817.

343

Maureen Withey on 31st July 2022

https://stors.tas.gov.au/CON13-1-1$init=CON13-1-1P65 List of persons to be sent to the Derwent in His Majesty’s Brig Kangaroo by order of His Excellency the Governor, 16 Dec 1816. Ormsby Irwin, (and 2 children,) Boyd, Tried County Cork, April 1806, Life.

343

Maureen Withey on 31st July 2022

Colonial Secretary Index. IRWIN, Ormsby. Per "Boyd", 1809. 1814 Jul 9 Indicted for murder of Sergeant Robert Morrow (Reel 6038; SZ758 p.506) 1814 Jul 16 On list of prisoners to be sent to Newcastle per "Endeavour" (Reel 6004; 4/3493 p.217) 1816 Jul 6 Proceeding to Sydney from Newcastle (Reel 6066; 4/1806 p.34) 1816 Aug 7 Returned to Sydney from Newcastle per "Lady Nelson", his colonial sentence having expired (Reel 6005; 4/3495 p.88) 1816 Sep 2 Petition praying that his two children be victualled from the Government Stores (Reel 6046; 4/1736 p.115) 1816 Dec 16 His two children included on list of convicts embarked for Van Diemen's Land (Reel 6005; 4/3495 p.381) 1816 Dec 16 On list of convicts to be sent to the Derwent per "Kangaroo"; with two children (Reel 6005; 4/3495 p.382) -------------------------------------------------- The humble petition of Ormsby Irwin, a prisoner of the Crown, Humbly sheweth That Petitioner arrived in the ship Boyd in August 1809, is now an overseer in the Town Gang, has two helpless children who (thro unforeseen misfortune and the unnatural conduct of their other parent) are now dragging on a miserable existence, having no earthly means of support but apart from petitioner’s ration. That petitioneer most humbly prays your Excellency to take them into your kind consideration and order them to be victualled from the public stores. That Petitioner will ever pray, Ormsby Irwin. Sydney, 2 June 1816. ------------------------------------------------------ Tasmanian Record. Convict Conduct Record. https://stors.tas.gov.au/CON31-1-23$init=CON31-1-23P5 Ormsby Irwain, Per Boyd & Kangaroo. Tried April 1816, Life. Conditional Pardon 1402. 7th August 1821.

105

Denis Pember on 7th February 2022

In December 1816, after the returning from Newcastle on the 7th August 1816, he was then sent to Tasmania in December 1816, with the two children. Eleanor stayed in New South Wales and formed a relationship with Richard Sculthorpe (Convict, General Hewitt, 1814). Ormsby and his children lived on on Tasmania, While Eleanor had another family (6 children) in New South Wales.

105

Denis Pember on 7th February 2022

Ormsby had been in a relationship with Eleanor Connor, prior to his sentence. She travelled with him on 'Boyd' and their first child, William was born on the trip. They subsequently also had a daughter Catharine in 1812. Then in 1814 it all changed! The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842) Sat 25 Jun 1814 Page 2 Text: 'THURSDAY. - Ormsby and Eleanor Irwin were put to the car and indicted for the wilful murder of Serjt. Robert Morrow, of His Majesty's 73 Regt. at a public house in York-street, Sydney, on the evening of Thursday the 19th of May ultimo, by throwing down, kicking, and beating him with so much violence, that he lingered in excessive bodily pain until the 25th, and then died. Without going into the tedious and unacceptable length of evidence that appeared on this trial, which would be little more than a recapitulation of circumstances, with trivial differences by the various witnesses, we state the facts succinctly, as deduced from the general testimony; without unnecessary prolixity or inconvenient brevity. On the evening stated, the prisoners at the bar were at the house of M. Casey, in York-street, drinking in an outer room, when the deceased, accompanied by Honor Fahie (with whom he cohabited), and several non-commissioned officers of his acquaintance, went into the house, and going into an inner parlour, invited them to join their company, which they did. After drinking socially together for some time, singing was proposed; and after several songs had been sung, one of the party began one, but was interrupted by the deceased, who objected to it as unloyal, whereupon the prisoner Ormsby Irwin, and another, joined in re-commencing the same, and singing it throughout. The deceased was by this time much intoxicated, the others less so. This was about 7 o'clock. The differences occasioned by the song objected to had subsided, and they drank together as before; when suddenly a quarrel arose between the prisoner Eleanor Irwin and Honor Fahie, who abused and reviled each other with much asperity, and at length commenced a mutual assault. The deceased got up, and interfered and Ormsby Irwin did the same, and demanding of the deceased whether he meant to strike (Irwin's) wife, struck him a blow on the face. Honor Fahie ran out to call assistance, leaving the deceased engaged with Irwin and his wife. The deceased fell in the scuffle, and falling dragged Ormsby Irwin upon him, his knee coming in contact with the lower part of his belly. A corporal Connor took Irwin off the deceased; Eleanor Irwin struck him with her fist, and both used considerable violence to him when on the ground, and afterwards, when raised on a sofa, it was declared on oath by Corpl. Connor, that the assault was continued by the prisoners. In this position the deceased had Mrs. Irwin's left thumb between his teeth, which he held some time. In his limbs he was utterly helpless, & as soon as the affray terminated, having lasted about 20 minutes, he complained of his belly, and pronounced himself a dying man. He was that night removed to his barrack, where he continued in extreme agony till the following day; and was then removed to the Regimental Hospital, JOHN FORSTER, Esq. Surgeon of the s46th Regiment, who attended him from the evening of his hurt to the time of his death, described the nature of the injury he had received, and had no doubt that his death proceeded from external violence was the cause of his death. - It was also given in evidence, that to the latest moment of his existence he attributed his premature end to the ill treatment he had received from the prisoners at the bar, jointly, and expressed a desire that his death should be revenged. After a deliberation that occupied nearly two hours, the Court re opened, and returned a Verdict of Manslaughter against both the prisoners; but as the observations made by the Judge Advocate on the nature and circumstances of the offence were of a tendency, too often, too justly applicable in this Colony, we beg leave to present those observations as nearly as possible in the language of the learned Speaker. Having first recapitulated the facts which constituted the charge published in the indictment, he proceeded by addressing the prisoners separately, and as follows:- "The Court having duly considered the evidence, as well for you as against you, doth adjudge, that you are not guilty of killing the deceased Robert Morrow of malice aforethought, which is essential to the formation of the crime of wilful murder; but the Court doth find you guilty of feloniously killing and slaying the said deceased Robert Morrow, and that under circumstances that tend exceedingly to aggravate the offence. Your conduct, Eleanor Irwin, throughout the whole of this unhappy transaction, has been marked by the greatest violence, and been highly unbecoming of your sex." Next, turning to the male prisoner, the Judge Advocate proceeded - "You, Ormsby Irwin, have, when now too late, to contemplate the horros of the condition, in which you have involved yourself; by willful dissipation, depriving yourself of reason. Your example, it may be hoped, will become a warning to persons of your condition against a sad yet too prevalent propensity to waste their time, and those means that ought to be applied to the support of their families, in drinking and rioting at public houses. In the fatal instance that has brought you to the bar, of this Court, you have lain upon your minds a burthen of regret, which time never can obliterate; for although you have escaped the capital punishment of murder, you must nevertheless for ever recollect that you have deprived a fellow creature of existence, and sent him into the awful presence of his Creator with all his sins upon his head, and without an interval of preparation for the day of his great account. Your conduct during the affray has indeed been heinous; and although by the verdict of this Court you are exempted from capital punishment, yet there is a difference between your crime and ordinary cases of homicide that come under the denomination of manslaughter, that the Court has felt it necessary to consider it in the punishment with it is about to award. - The Court doth adjudge, that you Ormsby Irwin, for this offence, be sent to JHis Majesty's settlement of Newcastle, and there kept to hard labour for the space of two years; and that you Eleanor Irwin, be continued in His Majesty's Gaol at Parramatta, for the like term of two years."