Miles Leary

71

Robin Sharkey on 2nd July 2022

___________________________________ ARRIVAL of SON, JOHN LEARY, and DEATH in 1834 In December 1828, Miles Leary’s son, John Leary, arrived in NSW as a convict on ship “Fergusson”, for a murder committed in Wexford (of an uncle of some kind). The indent recorded his age as 23 years. However since Miles Leary had been tried in March 1801, John must have been aged at least 27 years. At least by 1832, Miles had his convict son John Leary living with him, and employing him as a ploughman. In 1834 Miles Leary died. He had made his will the day before his death but had been too weak to sign the document. He left all his estate to his “beloved son, John Leary”. He appointed John executor together with William Davis. Davis was also from Wexford, transported as a rebel of 1798, and was an important figure in the early Catholic church in NSW. "The Australian”, 3 June 1834, Supreme Court dated 2 June 1834: “Mr. Rodd moved that probate to the will of Myles Leary deceased, may be granted unto John Leary and William Davis. Mr. Rodd had attended the deceased at his request, and prepared a rough sketch of his will, which he read to the deceased who was satisfied with it. He returned to his office, engrossed it, and on his going again to the house of Myles Leary, he found him in such a state as to be quite unable to sign; the two parties for whom he made the present application were those named in the will, and approved of by Mr. Leary. The Court would take time to consider the application." "The Australian”, 10 June 1834, p.3 "In the matter of the Will of Myles Leary. - The Chief Justice informed Mr. Rodd that his application made on a previous day in term, for probate of the above will to be granted to the executor thereof was granted."

71

Robin Sharkey on 2nd July 2022

_______________________________________ Fr Therry was the guardian of the Butler children and might have been concerned about the childrens’ inheritance if their mother were to marry. The Governor verbally replied to Ann that “she might marry whenever she has secured her late husband's property upon his children.” However, this time, Ann and Miles Leary seemed to be unable to sort things out. They did not marry. And in early 1824 Ann Cautioned the Public against giving Miles Leary any Trust or Credit on my Account. Further, she also gave notice "... to the said Miles Leary, that he will be prosecuted if he shall hereafter attempt to come into my House, or upon my Premises.” Ann Butler.” [Sydney Gazette, 12 Feb 1824] Miles Leary continuing the Cabinetry Business: Ann Butler died by the end of 1824 (from petition of her son Walter Butler that he and his siblings were orphans). Leary continued to live at no 7 Pitt Street, where the cabinet making business was located, and run the business. In the 1828 Census, he was listed as the Pitt Street household head, with four carpenters and a labourer also living there. • William Farrell, aged 35, labourer, Catholic, arrived per Seaflower in 1820 • Edward O'Brien, Aged 35, carpenter, Catholic; arrived per Bencoolen • Edward Neale, aged 45, carpenter, Catholic, arrived per Three Bees in 1814 • Thomas Cumming, aged 45, carpenter, Catholic, arrived per Boyd 1809 • John Hill, aged 40, carpenter, Catholic, arrived per Guildford, ca Laurence and Ann Butler’s son, Walter, was also a carpenter but in the 1828 Census was not living or working at the Pitt Street business with Leary. In 1829 Leary tried to claim rent from the tenant (one Bell) in the other Pitt Street house that Laurence Butler had owned (case reported in the The ‘Australian’, 23 Dec 1829,) Evidence showed he was not the owner of the house, and it was still part of the Estate of Ann Butler and Leary was not an executor either. However, Leary was to have “ received the rent of the house on condition of putting it in repair, until his expenses were paid; he has nor rendered any account” and he had not put it in report (per John Connell, Executor). Miles Leary also sponsored some babies in their baptisms in the Catholic Church: Baptised 27 July 1828: 1.Sarah Newman, daughter of John Newman, and Elizabeth Turner; 2. Margaret del Prado, daughter of Manuel del Prado, and Ellen Casey; Baptised 12 January 1830: 1.Catherine Barry, daughter of John Barry, and Mary Ryan; 2. Mary Ann Murray, daughter of James Murray, and Mary Byrne.

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Robin Sharkey on 2nd July 2022

______________________________________ Working as a Cabinetmaker/carpenter Miles LEARY was a cabinet maker and carpenter, per the indent of Hercules. After returning to Sydney, he was employed by Laurence Butler who had a successful cabinetmaking business at 7 Pitt Street, Sydney; Butler also owned two houses in Pitt St (per his will for which probate was granted - SRNSW: NRS 13725; [7/2582, No 97]; Index to early Probate Records; 2 Jan 1821; Reel 2658). Laurence Butler had also been tried in Wexford, in 1802 when aged 46 (but he was one of the Wexford rebels) and had arrived in NSW in 1802 on ‘Atlas’. He died in 1820 and his widow Ann Butler did her best to continue the business in the interests of her children. Miles Leary continued to work in the business to help her with this. In June 1821, Miles Leary was given permission to procure cedar from the Illawarra District – this probably had to do with procuring timber for the cabinet making business. Also in 1821, Miles was to receive his own land grant - Sydney Gazette 12 May 1821, p2 Ann Butler needed Miles Leary, an experienced cabinetmaker, to help her run the business. She stated this in a memorial to the Governor dated 27 August 1823. But Ann and Miles had a falling out along the way since the following two advertisements appeared, one placed by Miles, and one placed by Ann: Sydney Gazette 19 May 1821, p2 Classified advertising "THE Public are hereby Cautioned against settling any Accounts, or paying any Cash over to any Person whatever, on my Account; as I will not be answerable for any such Settlement, since the Decease of Mr Lawrence Butler. — MILES LEARY." Sydney Gazette, 27 Oct 1821 - Ann Butler advertised for “a steady man to superintend the cabinet-making business” otherwise she would have to sell it. But Miles and Ann sorted things out, because by March 1822, Miles Leary was listed as living at No. 7 Pitt Street when convict mechanics were to be assigned to him. This implies he is running the Butler's cabinetmaking business. Since Ann was unable to continue the business without “so able an assistant” as Miles Leary, the two were set to marry in August 1823. However, on the marriage day the Rev Cowper refused to marry them, on advice from the Catholic priest Fr J J Therry that he “disputed her power to do so”. Ann Butler then petitioned the governor, saying she had been attempting to execute the property of her deceased husband since his death, as his executor and “That Memorialist has for some time struggled to clear off the encumbrances attached to her property in which she had (by the assistance of a person by the name of Miles Leary who has been a free man 16 years and upwards) succeeded. That Memorialist finding herself unable to continue his business without so able an assistant [i.e. as Miles Leary] appeals for permission to be married. (SRNSW: Colonial Secretary; [4/1772, p94]; Re marriage to Leary; 27 August 1823; Reel 6059)

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Robin Sharkey on 2nd July 2022

______________________________________ Working as a Cabinetmaker/carpenter Miles LEARY was a cabinet maker and carpenter, per the indent of Hercules. After returning to Sydney, he was employed by Laurence Butler who had a successful cabinetmaking business at 7 Pitt Street, Sydney; Butler also owned two houses in Pitt St (per his will for which probate was granted - SRNSW: NRS 13725; [7/2582, No 97]; Index to early Probate Records; 2 Jan 1821; Reel 2658). Laurence Butler had also been tried in Wexford, in 1802 when aged 46 (but he was one of the Wexford rebels) and had arrived in NSW in 1802 on ‘Atlas’. He died in 1820 and his widow Ann Butler did her best to continue the business in the interests of her children. Miles Leary continued to work in the business to help her with this. In June 1821, Miles Leary was given permission to procure cedar from the Illawarra District – this probably had to do with procuring timber for the cabinet making business. Also in 1821, Miles was to receive his own land grant - Sydney Gazette 12 May 1821, p2 Ann Butler needed Miles Leary, an experienced cabinetmaker, to help her run the business. She stated this in a memorial to the Governor dated 27 August 1823. But Ann and Miles had a falling out along the way since the following two advertisements appeared, one placed by Miles, and one placed by Ann: Sydney Gazette 19 May 1821, p2 Classified advertising "THE Public are hereby Cautioned against settling any Accounts, or paying any Cash over to any Person whatever, on my Account; as I will not be answerable for any such Settlement, since the Decease of Mr Lawrence Butler. — MILES LEARY." Sydney Gazette, 27 Oct 1821 - Ann Butler advertised for “a steady man to superintend the cabinet-making business” otherwise she would have to sell it. But Miles and Ann sorted things out, because by March 1822, Miles Leary was listed as living at No. 7 Pitt Street when convict mechanics were to be assigned to him. This implies he is running the Butler's cabinetmaking business. Since Ann was unable to continue the business without “so able an assistant” as Miles Leary, the two were set to marry in August 1823. However, on the marriage day the Rev Cowper refused to marry them, on advice from the Catholic priest Fr J J Therry that he “disputed her power to do so”. Ann Butler then petitioned the governor, saying she had been attempting to execute the property of her deceased husband since his death, as his executor and “That Memorialist has for some time struggled to clear off the encumbrances attached to her property in which she had (by the assistance of a person by the name of Miles Leary who has been a free man 16 years and upwards) succeeded. That Memorialist finding herself unable to continue his business without so able an assistant [i.e. as Miles Leary] appeals for permission to be married. (SRNSW: Colonial Secretary; [4/1772, p94]; Re marriage to Leary; 27 August 1823; Reel 6059)

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Robin Sharkey on 2nd July 2022

______________________________________ Working as a Cabinetmaker/carpenter Miles LEARY was a cabinet maker and carpenter, per the indent of Hercules. After returning to Sydney, he was employed by Laurence Butler who had a successful cabinetmaking business at 7 Pitt Street, Sydney; Butler also owned two houses in Pitt St (per his will for which probate was granted - SRNSW: NRS 13725; [7/2582, No 97]; Index to early Probate Records; 2 Jan 1821; Reel 2658). Laurence Butler had also been tried in Wexford, in 1802 when aged 46 (but he was one of the Wexford rebels) and had arrived in NSW in 1802 on ‘Atlas’. He died in 1820 and his widow Ann Butler did her best to continue the business in the interests of her children. Miles Leary continued to work in the business to help her with this. In June 1821, Miles Leary was given permission to procure cedar from the Illawarra District – this probably had to do with procuring timber for the cabinet making business. Also in 1821, Miles was to receive his own land grant - Sydney Gazette 12 May 1821, p2 Ann Butler needed Miles Leary, an experienced cabinetmaker, to help her run the business. She stated this in a memorial to the Governor dated 27 August 1823. But Ann and Miles had a falling out along the way since the following two advertisements appeared, one placed by Miles, and one placed by Ann: Sydney Gazette 19 May 1821, p2 Classified advertising "THE Public are hereby Cautioned against settling any Accounts, or paying any Cash over to any Person whatever, on my Account; as I will not be answerable for any such Settlement, since the Decease of Mr Lawrence Butler. — MILES LEARY." Sydney Gazette, 27 Oct 1821 - Ann Butler advertised for “a steady man to superintend the cabinet-making business” otherwise she would have to sell it. But Miles and Ann sorted things out, because by March 1822, Miles Leary was listed as living at No. 7 Pitt Street when convict mechanics were to be assigned to him. This implies he is running the Butler's cabinetmaking business. Since Ann was unable to continue the business without “so able an assistant” as Miles Leary, the two were set to marry in August 1823. However, on the marriage day the Rev Cowper refused to marry them, on advice from the Catholic priest Fr J J Therry that he “disputed her power to do so”. Ann Butler then petitioned the governor, saying she had been attempting to execute the property of her deceased husband since his death, as his executor and “That Memorialist has for some time struggled to clear off the encumbrances attached to her property in which she had (by the assistance of a person by the name of Miles Leary who has been a free man 16 years and upwards) succeeded. That Memorialist finding herself unable to continue his business without so able an assistant [i.e. as Miles Leary] appeals for permission to be married. (SRNSW: Colonial Secretary; [4/1772, p94]; Re marriage to Leary; 27 August 1823; Reel 6059)

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Robin Sharkey on 2nd July 2022

________________________________ Miles Leary had been tried in March 1801, at Wexford and given a seven year sentence of transportation. Arrived 1802 on Hercules. He left behind a very young son in Wexford, named John, who himself arrived as a convict on ship ‘Fergusson’ in 1828. 1806 NSW Muster – employed by Andrew Thompson, Green Hills (i.e. Windsor). 12 Jun 1809 — Miles Leary, Assault; Court of Criminal Jurisdiction, NSW, [Miscellaneous Criminal Papers, 1788-1816 - Court of Criminal Jurisdiction, Reel 2392; Source Origin: 2702 [5/1152]; p: 295; Ref: Appendix C] 1810-1811 In late 1810 and again early 1811 Miles Leary had judgement debt incurred against him. To meet the debt the Provost Marshal intended selling some of Leary’s property by public auction, at his premises at Windsor, unless he had paid the debt beforehand: The Sydney Gazette, 10 Nov 1810, p. 1 (to sell a number of Leary’s goats and five acres of Standing wheat) and The Sydney Gazette, 19 January 1811, p. 1 (to sell Leary’s 8 Goats, 3 Pigs, 2 Geese, a quantity of Fowls, some Household Furniture, &c.) 1813 - Sent to Newcastle ** April 1813 - Found guilty by sitting magistrate, William Broughton, of distilling spirits and having spirits in his possession. The magistrate commented on the “extreme folly of persons in any circumstances exposing themselves to the rigours of prosecution for an offence the penalty attached to which was known to be so necessarily severe”, yet which didn’t restrain this crime. “Miles Leary was afterwards convicted on a similar charge, and sentenced the full penalty, viz. a fine of £20, and 3 years hard labour wheresoever it may be His Excellency's pleasure to direct.” [The Sydney Gazette, 24 April 1813, p. 1] ** 2 June 1813 – sent to Newcastle per “Estramina” 1816 - Returned to Sydney 6th May 1816 — Miles Leary, per Hercules, 1802, Trade or Calling: Cabinetmaker, Carpenter; Prisoner at Newcastle proceeding to Sydney per 'Lady Nelson'. To be returned to Sydney for his part in forgeries [NSW Colonial Secretary’s Papers]

343

Maureen Withey on 14th September 2021

Irish Convict Database by Peter Mayberry. Miles Leary, Hercules I (1802), Tried at Wexford, 1801, 7 years. Found in 1811 muster. ---------------------------------------------------- Colonial Secretary Index. LEARY, Miles. Per "Hercules", 1802; cabinet maker and carpenter. 1813 Jun 2 On list of prisoners to be sent to Newcastle per "Estramina" (Reel 6003; 4/3492 p.232) 1816 May 2 Prisoner at Newcastle. To Thompson, re Leary to be returned to Sydney for part in forgeries (Reel 6004; 4/3494 p.475) 1816 May 6 Prisoner at Newcastle proceeding to Sydney per "Lady Nelson" (Reel 6066; 4/1806 p.21) 1820 Memorial (Fiche 3024; 4/1824B No.452 pp.675-6) 1821 Feb 14 Juror at inquest on still born child of Mary Harris held at Sydney (Reel 6021; 4/1819 pp.279-80) 1821 Jun 29 Permitted to procure cedar in Illawarra district (Reel 6008; 4/3504 p.120) 1822 Mar 31-1823 Sep 30 Of Pitt Street. On lists of persons to whom convict mechanics have been assigned (Fiche 3296; X53 pp.5, 6, 18, 31, 46, 62, 76) 1823 Aug 1 Of Pitt Street. On list of persons receiving an assigned convict (Fiche 3291; 4/4570D p.106) 1823 Aug 27 Ann Butler wishes to marry him (Reel 6059; 4/1772 p.94) 1824 Apr 28 Of Pitt Street. On list of individuals to whom bonded mechanics have been assigned (Fiche 3293; 5/3821.1 p.8)