James Gallagher

Level 347

Maureen Withey on 29th June 2020

Irish Convict Database by Peter Mayberry. James Gallagher, alias Gallaghan, age 24, per Isabella I (2) 1822, Tried Donegal Co. 1821, 7 years, native of Donegal, DOB 1798. Reaper. ---------------------------------------------------- Moreton Bay Convict Records. James Gallagher, per Isabella (2), tried at Donegal Coy., Lent Ass. 1821, 7 years, Reaper. Colonial Conviction: Tried at Crim. Court Sydney, 18 Dec 1828, for Cattle stealing, sentence, 14 years, commuted from Death recorded. Run 22 November 1829. Description: James Gallagher, native of Donegal, age 35, 5 ft 2 ¾. sallow comp, dk brown hair, grey eyes, R.C. --------------------------------------------------- Supreme Court. Thursday, Nov. 27th, (Before Mr. Justice Dowling.) John Gunning and James Gallagher, were indicted for stealing a heifer, the property of Dr. Redfern at Bathurst, on the 9th of Sept. last. The Jury found the prisoner Gunning, Guilty :---Gallagher, Not Guilty. The same prisoners were again arraigned on an information, charging them with stealing an ox the property of Dr. Redfern, at Bathurst, on the 2d July last. A second count charged the prisoners with feloniously slaying the same animal, with intent to steal the carcase. The Attorney General having stated, the case to the Jury, called John Shaw Strange, a constable at Bathurst, who stated that, in the month of September last, from information he received, he made a search, in company with the prisoner Gunning, at the station of Mr. Harrison at Bathurst, and found in a water hole some ropes made from the hide of a white steer, and also a quantity of strips of a white hide : Gunning said the animal had been slaughtered at that station, and belonged to Dr. Redfern ; a man named Josiah Baldwin, an assigned servant to Mr. Harrison was present at the search ; the prisoner Gallagher was stockman to Mr. Harrison, but witness did not see him at the time he made the search ; Gunning mentioned the names of two men by whom he said the animal was slaughtered. Josiah Baldwin, an approver, after being cautioned by the learned Judge, said, I was in Bathurst in July last, and saw the prisoner there ; I remember a white bullock belonging to Mr. William Redfern being slaughtered at Bathurst at that time ; I cut behind the neck myself; Gallagher was present and assisted me; the ox was running with Mr. Harrison's cows, and I set the dogs upon it, and held it by the tail whilst Gallagher struck him with a stick, and knocked him down, and when down I cut him behind the neck with a knife, and left him there till next day the following morning, Gallagher and I went to the place where it was left, skinned it, cut it up, and put the meat and the hide in the creek; the hide was white; Gunning was the person who first instigated us to kill the animal, he said it was foolish to keep our dogs so poor when there was so many cattle running in the bush ; this was about a week or a fortnight before we slaughtered the animal ; he did not desire us to kill any particular animal, and the observation was made by him in a conversation about our dogs ; after we had killed the bullock, we told Gunning we had done it, and he desired us to bring some of the meat to the hut; we told him it was not fit to eat, and that the dogs should get it, when he said " bring the best piece up, and I'll take it to Mrs. Stockbridge, and get a bottle of rum for it ; I brought a quarter of the beast up, and he cut a piece of it off, put it in a bag, and took it away from the hut, on the following day ; Gunning had seen the animal that was slaughtered, running with Mr. Harrison's milking cattle, a couple of days before ; Gunning and I took the hide out of the hole, three or four days after, and I cut it up to make ropes of; Gunning also made one rope for himself ; Gallagher knew all Mr. Harrison's cattle, and was aware that the ox we killed was not his property ; it bore Mr. Redfern's brand ; Gallagher, Gunning, and I, eat part of the quarter of meat that was brought home, the same night, for supper ; the remainder was left in the reeck, and given, from time to time, to the dogs; the ox was about 12 months old, and very lean; Gunning spoke to me about the very same animal we killed, a couple of days before; he said we might as well take it for the dogs, as Dr. Redfern had so many cattle he would not miss one or two. This was the case for the prosecution. The prisoners, on being called on for their defence, denied the charge. The learned Judge summed up the evidence, and the Jury found both the prisoners Guilty. Remanded. Sydney Gazette, 28 Nov 1828. THURSDAY, 18th. Dec. The ATTORNEY GENERAL prayed judgment, this morning, against the following prisoners, convicted during the present Sessions:— John Gunning and James Gallagher, for cattle stealing—Death recorded. Sydney Gazette, 29 Dec 1828.