Martin Kelly

71

Robin Sharkey on 29th September 2023

Martin Kelly arrived on the convict ship ‘Heber’ in July 1837 (departing Dublin 16 March 1817) after being tried at Kings County, Ireland. He was given seven years transportation for stealing a quilt. He was aged 22 (born 1815 approx) and his occupation was a sweep (meaning chimney sweep). He was married with two male children. His native place was Sligo. (see Irish convicts to NSW). If he was tried at the July Summer assizes of 1836, the local newspaper noted as follows: Leinster Express 23 July 1836, p 3, ‘King’s County Assizes’ – “on Monday last [i.e 17th July] the .. Grand Jury was sworn…” “… The trials are not of importance. The Crown side was occupied on Thursday with some cases which were of a character not to be detailed in the columns of a newspaper. Any trials of interest shall appear in our next.” In NSW Martin Kelly was assigned to the Hunter Valley by June 1840 when he absconded on the 1st of June 1840 from assignment with John Pearse. The Gov Gazette described him as a chimney sweep aged 25 from Sligo. 5ft 6&3/4inches tall; dark ruddy and freckled complexion, brown hair, bluish eyes, lost a front upper tooth, wart back of right hand. He was apprehended at Maitland (Gov Gazette of 8 July 1840). He should have been freed in 1844, but he may have had some time added: At the beginning of July 1846 “Martin Kelly, lately free, was admonished and sent to gaol for seven days for being drunk, a rogue and vagabond.” [SMH 3 July 1846, p.2 Police Court Business] It seems he did not have the physical document of his Certificate of freedom and this was advertised as having been prepared (NSW Gov Gazette, 7 May 1847) Within a short time Martin Kelly was before the courts again, where he appeared for ten offences over the next 21 years. He was known as ‘Kelly the Sweep’, presumably because of his chimney sweeping occupation. NSW Gaol Photos (State Records of NSW) 1. Photo in black & white on discharge from Darlinghurst Gaol on 30 Nov 1869 when he is about 54 years old (based on his age stated on the ‘Heber’ ship indents). Records him as arriving on “Hebra” in 1837, Catholic, occupation: a sweep, has no education ie cannot read or write, native of Sligo. 5ft 9” tall, grey hair, blue eyes. “Nearly all the front teeth out.” The photo shows a sad, worn down man who is looking downward into the distance, not at the camera, with a slightly worried (regretful?) expression as though contemplating this moment. He wears a short coat in pea-jacket style made of rough material. His hair has thinned and is receding at the temples. His face is long and the skin sagging, especially in folds coming down from each side of his nose. His eyes are very light looking, clearly they would be blue. 2. Photo in black & white records portrait said to be taken on 13th April 1872. This would be at the end of his three year sentence for burglary in the house of George Copeman. However, the photo appears to be exactly the same one as was taken in 1869. The only differences from the 1869 photo is information about his current crime. “Tried Sydney Gaol Delivery 30 Nov 1869” for burglary. Given 3 years Labor. “Remarks: Will be discharged 29th November 1872. Tenth Offence”. NSW Gaol Photos (State Records of NSW), List of prior offences: 1 Nov 1848 Sydney Qtr Sessions Stealing 1 year ironed gang He must have been released early because there was another crime within that year: 9 Aug 1849 Sydney Qtr Sessions, Stealing in a dwelling, 2 years roads Bells’ Life newspaper dated 11 Aug1849 p. 2, reported Kelly having stolen £3 from a dwelling house, and his sentence was to be worked in irons on the roads two years. So he was due to be released in August 1851. Although not listed on his record, could this be him? Goulburn Herald 20/3/1852 p 4. “Martin Kelly charged with stealing a pistol from W Meredith, on the 13th February at Yass. A second count in the information charged him with feloniously receiving. The case did not present a feature of interest. The prisoner was found guilty and sentenced to 12 months' hard labour on the roads.” See also: SMH 24 December 1850, p.2, ‘Highway robberies’ on Friday afternoon a man named Sandon, a vendor of saveloys, was stopped at the Seven Mile Hollow on the Liverpool road by two men armed with bludgeons, who, after overhauling him, robbed him of four shillings and then made off into the Bush in the direction of Parramatta road. Information of the robbery was received by constable nickel stationed at Ashfield, who, after making further enquiries went in search of Martin Kelly, a notorious character, recently from Cockatoo, who had been seen in the former part of the day at a public house on the Parramatta Rd where Sandon was pursuing his vocation [ie. Selling saveloys]. [Nicol] came up with the object of his pursuit, who, on catching a glimpse of him [Nicol], made his escape into the Bush. Nicol, however, procured assistance at Longbottom and, after scouring the Bush for some time, succeeded in making his capture. Sandon says he is like one of the two men but will not undertake to swear positively to his identity. He [Kelly] was brought before the bench yesterday and remanded until today. Nine years later Martin Kelly appears again (the summary is listed on his NSW Gaol photo file) 27 Jun 1862 Summary jurisd'n, Stealing, 3 mo imprisonment He is only out of gaol a week later and he’s sentenced again: 2 Oct 1862 Summary jurisd'n. Stealing, 3 mo labor But the next sentence happens 2 months into his 3 months so perhaps it occurred in gaol: 2 Dec 1862, Sup Crt, Unnatural offence, 2 yrs labor. He is in gaol for 2 years, release to be about 2 Dec 1864. Only two months from release, larceny: NSW Police Gazette, 18 January 1865, p.353 “Matthew”[sic] Kelly, alias Kelly the sweep, was charged on warrant with stealing a sweeping machine [found in his possession closed bracket, the property of George Copeman of Market Street Sydney, was arrested by Liverpool police. Committed for trial. "20 Feb 1865, Sydney Qtr Sessions, Larceny, 18 mo labor " So he would be released around August 1866 NSW Police Gazette, 21 November 1866, p.414 "Return of prisoners discharged free since last publication: Martin Kelly, unnatural offence, two yrs labour, tried 2 Dec 1862, Sydney Q.S, released from Parramatta Gaol." NSW Police Gazette, 21 November 1866, p.414 Apprehensions Martin Kelly, alias Kelly the sweep, charged with being concealed in the House of HS Gibson of Pitt St with intent to commit a felony. He was arrested and discharged. 25 July 1867 Summary jurisdiction, Stealing, 3 mo labor 28 Nov 1867 Summary [mtter] Stealing 6 months NSW police Gazette, 4 December 1867, p.353 Martin Kelly, charged with stealing a cap, some tobacco, and 1 shilling threepence from the person of Donald Bissett. Arrested by the Sydney police and sentenced to six months imprisonment in Darlinghurst Gaol. 15 Oct 1869 Summary jurisdiction, Drunk, 3 days confined NSW Police Gazette, 15 December 1869, p.353 "Return of prisoners tried at the various circuit courts and petty sessions: "Martin Kelly, burglary committed on George Copeman, tried Sydney Criminal Court, 15 November 1869. Sentence to three years’ hard labour in Darlinghurst Gaol." 29 Nov 1869 Supreme Court, Burglary, 3 yrs labor SMH 21/10/1869 p.2 Central Police Court - "Martin Kelly was charged with having feloniously entered the dwelling of George Copeman, and stealing therefrom a blanket and an antimacassar Maria, the wife of George Copeman, of Market-street, chimney sweeper, deposed that about half-past 7 o'clock last evening, she and her husband left home, having previously locked the door and shut down the front window, and returned about half-past 10 o clock ; she then found the window open, and missed from a table near the window an antimacassar, and from her bed she missed a blanket, the blanket and the antimacassar products are the same, as her husband's property, and are worth 20s Mary Ann, the wife of Alexander Jones, of Clarence street, deposed that about a quarter-past 10 o'clock last night she was at a house next to Copeman’s and saw the window of Copeman’s house raised by someone inside, and a blanket and on antimacassar were thrown out, and shortly after wards the prisoner came out at the same window she called for police, constable Kempson came up, and she gave prisoner and the articles produced into his custody. Committed for trial at the next gaol delivery." Evening News, 1/12/1869 Central Criminal Court , p 2. "Martin Kelly pleaded guilty to a charge of burglariously breaking and entering the house of George Copeman, and stealing a blanket and an anti-macassar. Prisoner, who has since his committal been in the gaol hospital, and who while in court appeared to be suffering greatly, was sentenced to three years' hard labour in Sydney gaol. There were former convictions against the prisoner." Summary of his transgressions recorded on his NSW Gaol Photo file: 1 Nov 1848 Sydney Qtr Sessions, Stealing , 1 year ironed gang. 9 Aug 1849 Sydney Qtr Sess, Stealing in a dwelling, 2 yrs roads. 27 Jun 1862 Summary jurisd'n, Stealing, 3 mo imprisonmnt. 2 Oct 1862 Summary jurisd'n, Stealing, 3 mo labor. 2 Dec 1862 Sup Crt, Unnatural offence, 2 yrs labor. 20 Feb 1865 Sydney Qtr Sessions, Larceny , 18 mo labor page 25 July 1867 Summary jurisd'n, Stealing, 3 mo labor. 28 Nov 1867 Summary jurisd'n, Stealing, 6 mo confinement 15 Oct 1869 Summaryjurisd'n, Drunk, 3 days confined 29 Nov 1869 Supreme Court, Burglary, 3 yrs labor.