Summary
Personal Information
Crime
Voyage
Transportation
James Mallon was transported on the Albuera, departing 6th Sep 1858 and arriving 28th Oct 1858 with 11 passengers.
Albuera, launched at Moulmain (British Burma) in 1854, made three voyages to Adelaide up to 1874. Sailing from Calcutta, India, on 6 Sep, 1858, she arrived at Fremantle with 11 military convicts on 28 Oct. They were all convicted by Courts Martial (in India and Burma) and sentenced to transportation. Note: Albuera is not to be confused with other ships of the same name or those spelled Albeura.
Albuera (generic)References
| Primary Source | Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; General Register for Nos 4679-5166 (R1) |
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Convict Notes


NOTE: Year of Birth was taken from official records but not the day and month. The latter dates have been entered as 01/01 because the site does not allow those fields to be left empty.


COLONIAL CONVICTIONS: 1860, 8 June: Toodyay – sentenced to 3 months’ hard labour for larceny; discharged 7 September. 1860, 13 October: York – breach of Ticket of Leave regulations; cautioned and sent to depot (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; General Register for Nos 4679-5166 (R1)). --000--


OTHER: James Mallon Male, #5057, b. 1828 Convicted: Convicted of theft & desertion (Court Martial) and sentenced to 14 years on 10 June 1854 at Kamptee, India. He had been convicted previously. Family Status: Claimed that his marital status was unmarried as at 28 October 1858. Occupation: Recorded as a soldier; labourer on 28 October 1858. Literacy: Recorded as being illiterate as at 28 October 1858. Transported: Transported to WA on the Albuera arriving at Fremantle, Western Australia, on 28 October 1858. He had been collected from Calcutta prison. Convict No.: Assigned with Convict No. 5057 on 28 October 1858. Ticket of Leave: His Ticket of Leave was granted on 22 December 1858 at Western Australia (https://www.waconvicts.fhwa.org.au/g0/p203.htm#i5057). --00--


FREMANTLE JAIL RECORD: MALLON, James; inmate #5057, arrived 28 Oct 1858 per Albeura [sic] Date of Birth: 1828 Marital Status: Unmarried Occupation: Labourer Literacy: Illiterate Sentence Date: 1854 Sentence Place: Kampting Crime: Theft & desertion Sentence Period: 14 years Ticket of Leave Date: 22 Dec 1858 (https://fremantleprison.com.au/history-heritage/research/convict-database/) --00--


IN WA – CHARACTER RECORD: 1858, 28 October: JAMES MALLON, 30, single, illiterate, labourer; Roman Catholic; Court martial, 10 June 1854 Kamptie [sic]; Desertion and theft, 14 years. General character – Two convictions: “Very bad – Quiet and sober but has previously attempted to make his escape when in confinement, has previously attempted suicide. Special recommendation by the Gov of Calcutta Jail”. 1858, 10 Sep: Ticket of Leave; discharged ToL 22 December, 1858 (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; Character Book for Nos 4508-5585 (R8)). --00--


IN WA: 1858, 28 October: On arrival, JAMES MALLON was listed as convict #5057, 30 years old, labourer, single, 5’11” tall, grey eyes, brown hair, oval visage, dark complexion, and middling stout appearance; marks – crucifix, SS right arm, ... and anchor left arm. A labourer by trade; soldier convicted at a General Court Martial, Kamptee, India; sentenced to 14 years’ penal servitude for “theft and desertion” (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; General Register for Nos 4679-5166 (R1)). Note: Various records give his year of birth as 1828, presumably based on an assumption that he was 30 on arrival in WA. However, the “Convicts to Australia” site says the age quoted on these WA Convict Records “seems to refer to the age of the convict when the passenger list was created”. Also, if 30 when tried he could have been born in 1824 or 1823. --00--


THE VOYAGE TO WA: One of the few snippets of information found about the Albuera's voyage in 1858 appears in an article in the Melbourne Argus: “INDIA (From our Galle [Sri Lanka] correspondent. October 20, 1858): ... The very great mortality which has taken place in the shipment of horses from the different ports of Australia has created no little attention here. The Admiral Boxer, which arrived lately at Bombay from Sydney, landed only 76 out of 108 shipped. This makes the Australian horse too costly for cavalry purposes, and I am bound to say also, that the stamp of horses selected has not come up to what it might and should have been, in the opinion of the best judges, and those who have been in the colonies. The Government have despatched the ALBUERA [my emphasis] with convicts to Swan River, and to return with 120 horses from that colony. The experiment will be watched with much interest.” (The Argus, 18 Nov 1858, p5 at https://trove.nla.gov.au/newspaper/article/7304789) --00--


GENERAL COURT MARTIAL (GCM) This was army’s highest tribunal, dealing with commissioned officers and the most serious cases involving other ranks. It could only be convened by the Crown or its deputy (for example, the commander in chief, or governors general). At least 13 commissioned officers had to be present if ‘at home’ (serving in the British Isles, Ireland, non-British territories or small British possessions), or five if ‘overseas’ (the British colonies), together with a judge advocate. Decisions were confirmed by the person who issued the warrant (that is, the Crown or its direct deputy). (https://www.nationalarchives.gov.uk/help-with-your-research/research-guides/courts-martial-desertion-british-army-17th-20th-centuries/) --00--


COURT MARTIAL: 1854, 12 June: Soldier JAMES MALLON, rank and regiment not given, appeared before a General Court Martial at Kamptee, India, and was sentenced to 14 years’ transportation for “theft and desertion”. Given the severity of sentence, this would not have been his first court martial. At some stage following his conviction, he was sent to Calcutta and held there in jail to await transportation (https://www.perthdps.com/convicts/con-wa24.html; Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; General Register for Nos 4679-5166 (R1); https://www.ancestry.com.au/imageviewer/collections/60668/images/44765_352437-00409, image 410) --00--