John Maharney

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Maureen Withey on 28th January 2023

Colonial Secretary Index. MAHARNEY, John (Per "Fortune", 1806) see MAHONY, John MAHONY, John. Per "Fortune", 1806 1810 Jan 9 Granted certificate of freedom (Reel 6038; SZ758 p.54)

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Maureen Withey on 28th January 2023

The occupation "Lumper" was a dock worker who was employed to unload timber, usually for a "Master Lumper"

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Maureen Withey on 28th January 2023

This is the first conviction at the Old Bailey: Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 January 2023), October 1796, trial of JOHN MAHARNEY (t17961026-49). JOHN MAHARNEY, Theft > grand larceny, 26th October 1796. 620. JOHN MAHARNEY was indicted for feloniously stealing, on the 13th of October , six pieces of logwood, of the weight of 150lbs, value 15s. and 3lb of sugar, value 1s. the property of Richard Burton . Second Count. Laying it to be the property of William Lediard . Third Count. Laying it to be the property of persons unknown. (The indictment was opened by Mr. Jackson, and the case by Mr. Knowlys. JAMES HILL sworn. Examined by Mr. Jackson. I am a Trinity-officer: I was stationed, on the 13th of October, near the ship Burton, Mr. Robert Burton , Master, laden with sugar and logwood; I saw a number of people upon the deck, and the prisoner amongst them; I saw them come over the ship's side into a lighter that contained logwood, and I saw the other people go into the boat that lay along side the Burton, and I saw the prisoner hand the logwood to the people in the boat, there might be four or five pieces that I am positive he took; immediately that the boat shoved off from the lighter, a man along with me boarded their boat, his name is William Smith ; Smith said to the prisoner, go into that boat, which he did, we made him get into our boat, and Smith said, the man has got sugar in his breast, and I immediately took this bag of sugar out of his shirt, in a state of concealment; and he got out of the boat into their boat again; and I gave Smith the cutlass, and he drove him back into our boat again. Q. Was that man one of the labourers on board the Burton? - A. I cannot say; I saw him come out of the ship; Smith brought the logwood from the other boat into our's. Q. Was it in the nature of this craft to be employed in taking logwood from the ship? - A. No;(the logwood produced); this is the same logwood, it has my mark upon it. WILLIAM SMITH sworn. - Examined by Mr. Knowlys. I am a waterman; I was on board the ship Burton on the 13th of October; the prisoner was a lumper, I saw him come out of the ship about six o'clock in the evening, which is the time the lumpers usually leave work; there was a lighter, named the Lucretia, between the ships, she was loaded with logwood; the lighter was discharging her cargo at the time; I saw the prisoner stand in the lighter and hand some of the logwood to the other lumpers, into a boat that was lying by, and then he came into the boat, and stood in the fore-part of the boat, along with the logwood. I then boarded the boat, I was in a boat of my own, I took hold of him, and found he had sugar concealed, and I desired Hill to take him into custody; Hill searched him, and took the bag of sugar from him in my presence. Q. What quantity of logwood was there in the boat? - A. Six pieces; these are the same; the prisoner was rather obstreperous, and got into their boat again, and one of the lumpers said, let us heave it over-board; I took the cutlass and struck him on the back with it, and made him go back in to our boat; he offered me a guinea to let him go. JOHN SCHAZZO sworn. Examined by Mr. Jackson. I am a Custom-house-officer; the prisoner was employed on board the Burton: the 13th of October, about six in the evening, I heard a noise along-side the ship, and I looked into a lighter by the side of the ship, and this man told me the prisoner had taken away some logwood; I saw the logwood in the boat, and I came on shore with the prisoner and the logwood. Q. Could that little boat have any thing to do with the logwood in the lighter? - A. No. Q. Did you see the sugar taken from him? - A. No. Q. What was the name of the captain of the Burton? - A. Richard Burton. JOSEPH WASS sworn. Examined by Mr. Knowlys. I am a lighterman, journeyman to Mr. William Lediard; his lighterwas employed to unload the ship Burton on the 13th of October; the cargo that was put into his lighter was logwood. Q. Is that the same kind of logwood as the lighter was loaded with? - A. Yes. Q.Whereabouts is the value of it? - A. I don't know. Q. Is the boat employed by the other lighters to carry away any of the goods from it? - A. No. For the Prisoner. MICHAEL SWINNEY sworn. The prisoner was at work with me on board the ship Burton, and when the decks were cleared up, I hailed a boat to go on shore; when I hailed the boat, the waterman came along-side the wood lighter, I told the man to come down to the boat, as it was late; I went down and got into the boat, and the waterman that was in the boat called to some of the men to hand him a piece, I did not see any piece handed; a boat boarded us and laid alongside. Court. What do you bring this man for, he cannot do you any good. Cross-examined by Mr. Knowlys. Q. You were foreman lumper? - A. Yes. Q. And you were admitted an evidence by Mr. Staples, and that prevented you from being prosecuted? - A. Yes.(The prisoner called another witness, who had known him fifteen or sixteen years, and never heard any harm of him). GUILTY . (Aged 40.) Transported for seven years . Tried by the second Middlesex Jury, before Mr. Baron HOTHAM.

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Maureen Withey on 28th January 2023

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 January 2023), December 1802, trial of JOHN MEHARNEY (t18021201-47). JOHN MEHARNEY, Miscellaneous > returning from transportation, 1st December 1802. 47. JOHN MEHARNEY was indicted for being found at large before the expiration of the term for which he was ordered to be transported . EDWARD RODGHERS sworn. - Q. What are you? - A. An officer of the police. Q. Do you know any thing of the prisoner being convicted at the gaol delivery for the county of Middlesex? - A. Yes; I apprehended him in the year 1796, previous to his conviction. Q.Was he tried? - A. He was, at the Old Balley. Q. Have you seen the record of his conviction? - A. I have. Q. Have you got it by you? - A. I have, (produced the certificate of the conviction of the prisoner); I did not see it signed. Mr. MICHAEL- JOHN FITZAPTRICK sworn. -Q. Do you know the hand-writing of Mr. Thomas Shelton? - A. Yes, I have seen him write many times. Q.Is that Mr. Shelton's signature? - A. It is.(The certificate read.) Q.(To Rodgers.) Were you present in Court when this man was tried? - A. I was. Q. Look at the prisoner at the bar; is that the man that was then tried? - A. It is; I knew him in the street, and took him. Q. Had you known him before? - A. I had. Q.Have you any doubt about his person? - A. Not the smallest. Cross-examined by Mr. Alley. Q. It is six years and a half since that trial? - A. Yes. Q.During that time you have not seen him? - A. Yes, I saw him about three months since, but I was then in search of a man upon suspicion of murder, and I could not take him. Captain READ sworn. - Q. What are you? - A.Deputy overseer of the hulks on the River Thames. Q.Do you know the prisoner at the bar? - A. Yes, I do. Q. Do you remember his being delivered into your custody? - A.Perfectly well. Q. When? - A. On the 13th of December, 1796. Q. By whom was he delivered into your custody? - A. By Mr. Kirby. Q. How long did he remain in your custody? - A.Until the 26th of July, 1797. Q. How did he escape from you? - A. He was at work on shore in the dock-yard, and on retuning from work, forty of fifty of the seized several ladders that the bricklayers and carpenters had been at work with, and placed them against the boundary wall of the yard, and before our officers could get the ladders, seven of them got outside the wall. Q. Do you know if the prisoner at the bar was one of the seven? - A. He was; the other six were taken within half an hour; the prisoner was the only one that escaped. Q. I suppose, from the prisoner having been a year in your custody, you have no boubt of his person? - A. No, not at all; it was my province to attend them in their labour from morning to night. Q. Who was it took him up upon his last occasion? - A.Rodgers. Cross-examined by Mr. Alley. Q. Did you not say before the Magistrate that you doubted whether he was the person? - A. No, I did not, I know him perfecty well. Q.(To Rodgers.) When did you take the prisoner? - A. On the 30th day of October last. Q.Where? - A. I took him in Ratcliff-highway, between seven and eight at night. Q. He was quite at large, was he? - A. He was at large, and another man with him. Q.In what parish? - A.In the parish of St. George's, Middlesex. Mr. Alley. Q. Did you attend here the whole of that Session in which he was tried? - A. I was here when sentence was passed. Q. You know there is a reward of 20l. if this man is convicted? - A. I suppose there is. Q. I will ask you again, do you mean to swear you were in Court when sentence was passed? - A. Yes, I was here. Prisoner's defence. I have nothing at all to do with it, I am not the man, that is not my name. GUILTY, Death , aged 40. -------------------------------------------------- Hulk Record HO-9-8_3 Captivity Hulk, at Portsmouth. Received 21 prisoners from on board the Portland, Langston Harbour, 7 Jan 1804, John Maharney, age 38, C.R. Tried at Middlesex 1 Dec 1802, NSW 7 years, Sent on board Fortune 9 Jan 1806.