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John Maloney

John Maloney, one of 200 convicts transported on the Fortune, November 1812

Name, Aliases & Gender

Name: John Maloney
Aliases: John Malone
Gender: m

Birth, Occupation & Death

Date of Birth: 1766
Occupation: Porter
Date of Death: -
Age: -

Life Span

Life span

Male median life span was 53 years*

* Median life span based on contributions

Conviction & Transportation

Sentence Severity

Sentence Severity

Sentenced to Life

Crime: Violent theft
Convicted at: Middlesex Gaol Delivery
Sentence term: Life
Ship: Fortune
Departure date: November, 1812
Arrival date: 11th June, 1813
Place of arrival New South Wales
Passenger manifest Travelled with 199 other convicts

References

Primary source: Australian Joint Copying Project. Microfilm Roll 87, Class and Piece Number HO11/2, Page Number 85 (44)
Source description: This record is one of the entries in the British convict transportation registers 1787-1867 database compiled by State Library of Queensland from British Home Office (HO) records which are available on microfilm as part of the Australian Joint Copying Project.

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Community Contributions

Carl Nelson on 28th April, 2020 wrote:

Remarried to convict Mary St John (nee McCambridge) in Sydney in 1825, when each were still incarcerated. Recorded in subsequent census and musters as ‘John Malone’ but both he & Mary kept deducting years off their ages.Believed to have been living with Mary’s daughter, who accompanied her to Sydney in 1819, in the 1840 census (Ann Morgan, nee St. John). He & Mary had a shop in Parramatta and John is noted to be an invalid and protestant. Neither John nor Mary have death details found to date.

D Wong on 28th April, 2020 wrote:

Old Bailey:
RICHARD PAYNE, JOHN MALONEY.
Violent Theft: highway robbery.
30th October 1811
Verdict Guilty > with recommendation; Guilty > with recommendation
Sentence Death; Death

RICHARD PAYNE and JOHN MALONEY were indicted for feloniously making an assault in the King’s highway, on the 7th of October, upon William Ducketts, putting him in fear and taking from person and against his will, a pocket book value 6 d. a ten pound bank note, a five pound bank note, and three one pound bank notes his property.

WILLIAM DUCKETTS. I am a spring-blind maker, I live at 67, Well Street, Oxford Street.

Q. On the night of the 7th of October, were you going through St. Giles’s . - A. Yes, about twelve o’clock at night, I was in my way home, I went into a public house on the right hand side, I had a pipe of tobacco and six pennyworth of rum-and-water, there were several people in the public house. When I asked for something to drink an old man said they did not draw any beer, I then ordered some rum-and-water. The old man asked me if I could help him to any work, I said no, when I was coming out I gave him a glass of gin. Payne came in and began to quarrel with the old man, I said take this glass of gin, and not have any words with the old man.

Q. Did you see any thing of the other prisoner at that time. - A. No.

Q. How long did you stay in this public house. - A. About a quarter of an hour, I only drank six pennyworth of rum-and-water there.

Q. When you left that public house, where did you go to. - A. I went into the public house opposite, I went out and did not like to go into that house again, I went into the house opposite, I found the two prisoners there, they were there before I went in, and there we had in the whole two glasses for each person, I had two as well as the rest.

Q. How long might you be in company with the two prisoners there. - A. I might be half an hour.

Q. After you left the second public house where did you go then. - A. I went over to the cooks shop, and the prisoners went in with me. I had not been in the cooks shop many minutes before the officers of Bow Street came, there might be six or seven of them, I sat opposite them in the shop, the master of them said to me who are you, I said I am a tradesman, I live in Well Street, he said come out, I went into the middle of the shop, he said I shall search you, the prisoners were there at the time, I said you may search me and welcome, I have nothing but what is my own property, he began searching me, the two prisoners were there and a few other persons, they saw the officer take my property out, he took out my pocket-book and my handkerchief, he opened the pocket-book, in a little book that was in my pocket-book there were the notes, a ten pound note, a five pound note, and three ones. Then he looked into the remaining part of the pocket-book, he found what I told him was true, he told me to fold the pocketbook up in his presence, and advised me to go home, I put my book in my inside pocket, the prisoners saw the whole of this.
Q. Did either of them do any thing while you were being searched. - A. Payne pulled a pocket knife out while I was searched, as I was in the cook-shop, Salmon said d - n you if you let me have any nonsense I will take you to the watch-house, he put the knife in his pocket. I went out for the purpose of going home, I had not gone many yards from the house that I came out of, the prisoners came along with me out of the house, I crossed over, it might be twenty, thirty, or forty yards, I cannot justly say, they came and laid hold of me.

COURT. Did you see them. - A. I saw them right and left over me, they were not in the front, they laid hold of me and tried to get into my pocket by force, they laid hold of my shoulders and arms, then Payne forced his hand into my pocket, and cried out a book, a book, he got his hand into my side pocket.

Q. Where were your hands and arms all this time. - A. Confined.

Q. Who held you in that manner. - A. Both of them for the moment it was.

Mr. Walford. How long were they about this. - A. Not above two or three minutes.

Q. Did they get the book out. - A. Yes, his hand went along in my pocket, the book was rather large, he could not get it out. I eased it, he pulled and said, book, book, and out it came. They ran one way, and I the other, I ran to the first watchman I came to.

Q.What did you run away from them for. - A. Because they should not injure me. The prisoners were not apprehended till the next day.

Q. You told me that among the notes there was a ten pound note, who gave it you. - A. My wife brought it me, she brought it in change of a check at a bankers.

Q. When did you see that note again. - A. I saw a ten pound note again at the office, I could not swear to it again.

MR. ARABIN. It seems you are a married man. - A. I am.

Q. This was twelve o’clock at night in St. Giles’s. - A. Yes

Q. Where had you been before twelve. - A. I had been down into Fleet Street, an upholster failed he owed me nine pounds, he called his creditors together. I went there about eight in the evening, and was detained there about two hours, I left about ten, I had

Q. Did not you drink while you were at the meeting of the creditors. - A. I drank two glasses of wine, nothing else.

Q. Did not you turn into any gin shop. - A. I did not. I was not disposed for any thing of the kind.

Q. But when you got to St. Giles’s you were. - A. No, I drank no more than would do me good. I went into the second public house up the street.

Q. There you met the old man. - A. I did, I gave the old man some rum-and-water and some gin, I never saw him before.

Q. Then you say Payne came in and some conversation passed between Payne and the old man. - A. Yes.

Q. Then you went over the way, you saw the prisoners there. - A. I did.

Q. Did you know them before. - A. No, never before. I paid for two half pints of gin, and drank a glass of each.

Q. Are you always sensible when you are so generous. - A. If a person wanted a glass of liquor if I saw them at any time I would give it.

Q. Did you then go home. - A. I went to the cook-shop.

Q. And there the officers came in. - A. Yes, they searched me and this money was produced.

Q. He advised you to go home, and these men came and used you in this way. - A. Yes, I am positive of it, so help me God.

Q. You were perfectly sober. - A. Perfectly sober.

Q. Perhaps you knew of a reward. - A. No, God forgive me.

Q. Do you swear that you do not know there is a forty pound reward. - A. I have heard of such things formerly, I never knew it for certainty.

Q. I ask you upon your solemn oath, whether you did not believe before you gave your evidence here. If these two men are convicted, that there is a 40 l. reward for each of them. - A. So help me God I never knew such a thing in the world. God forbid that ever I should expect such a thing in my life, I have heard before that there was a 40 l. reward for a highwayman, but not of this kind.

WILLIAM SALMON. I am a police officer. On the night of the 7th of October, about half past twelve, I in company of four others went into a cooks-shop, in St. Giles, I saw the two prisoners there and the prosecutor, soon after I went in the prisoner Paine got up, he asked me if I knew the man that was standing up, that was meaning the prosecutor, I said no I did not know him; he said he is a returned lad, lately bolted from the bulks, meaning a returned transport, the prisoner Paine said he had got a pocket book and some notes in it, I recollected there were about thirty-seven that broke away from the hulks about four days before, in consequence of what Paine said to me I went to the prosecutor; I asked him who he was, he said he was a tradesman and lived in Well Street, Oxford Street, I asked him what he had got about him, he said nothing but his own, I told him I wished to be satisfied, he said I was welcome, he offered to shew me, I searched him in the presence of the prisoners.

Q. Were they both looking on. - A. They had every opportunity of so doing if they pleased, I found a ten-took. While I was searching Paine made some observation, I did not take much notice, the prosecutor has stated right, I said if he was not quite I would take him to the watchhouse, I looked at some papers and read them over, and put a few questions to the prosecutor, and from the answers that he made I concluded that Paine’s statement was not correct. I knew Paine, after this desired the prosecutor to put the notes in his pocket book again, and put the book in his pocket, I advised him to go home, or else he would be sure of being robbed, he then wished me good night and went out, there were two patrols of my party in the cook’s-shop and two at the door, when the prosecutor went out the prisoners were certainly in the room, there was vacancy in the room, they might have gone out while was speaking to the landlord of the house for keeping his house open so late, and harbouring such company. cannot say whether the two prisoners were there then I went out, they might have passed me.
THOMAS ROACH . I keep a public house in George street, I know the two prisoners at the bar, they came a Tuesday morning about half past eight, and changed a ten pound note he same day they were taken by that was the morning they came to my house, - Paine asked me to change a ten pound note, they had four or five shillings worth of rum and milk, I said to Paine, Dick, have you been selling out? because his mother had left him some property lately, yes, he said, he had, I sent the note out to the pork butcher to be anged, I put Paine’s name upon the back of the note before I sent it out, when I got the change I gave it to Paine. I got the note the same day from the pork butcher.

Court. Q.(to Salmon) At the time that you found the Prosecutor and the prisoners at this cook’s-shop did the prosecutor appear to be intoxicated. - A. No, he did not.

JOHN VYSE. I am the landlord of the prosecutor’s house.

Q. Do you remember receiving any money from Duckett. - A. Yes I received a 20 l. check drawn by Mr. Barnett, payable at Messrs. Marsh, Sibil, and company, in Barlow Street, I gave it to Mrs. Duckett, she went out with the check in my presence, and ought in two ten-pound notes, she gave it to her husband in my presence, this was on the 3rd of September.

ANN DUCKETT. Q. You are the wife of the prosecutor. - A. I am, I received a check of Mr. Vyse, took the check to No. 6, Barlow Street, and received two ten-pound notes, I came home and gave them my husband, he put them into his pocket book, and at his pocket book into his side pocket.

WILLIAM TYSON. I am clerk to Messrs. Marsh Sabil and Company.

Q. Look at the 3d of September in your book, do you find any entery there of a twenty pound check. - A. Yes, James Barnet , twenty pound, that check was id in two ten pound notes, one 8639, 22d July, the her 7367 5th, August.

MR. SHELTON. The note in question produced by coach is 7367, dated the 5th of August.

Court. Q.(to Tyson). Look at that note and see whether you can say any thing respecting of it. - A.It came into our house on the 31st of August I have doubt that note has been in the possession of our banking house.

Q.Whatever the date of the year is it is not in your book. - A. It is not.

THOMAS BELLAMY. I am beadle of St. Giles’s in the fields. I apprehended Payne on the 6th of October in the afternoon, on his person I found three one pound notes, three dollars, and two shillings. After I had taken Payne I went and took Maloney.

Payne’s Defence. The prisoner Maloney is as innocent as a child unborn, he was not with me when the robbery was committed, he was with me in the cook-shop, but he was not with me when I went out of the house and the robbery was done.

Maloney’s Defence. I am innocent of the crime.

PAYNE GUILTY - DEATH, aged 28,

MALONEY GUILTY - DEATH, aged 22.
The prosecutor recommended the prisoners to his Majesty’s mercy, on account of Payne’s relation being respectable honest people.

Richard Payne arrived NSW per ‘Indefatigable’ 1812.

According to his Convict Indent on Ancestry, John Maloney was 21 years old on arrival (born 1790).
Birth dates of 1766, 1789 and 1790 have been listed.

Native Place: London.

John was 5’7” tall, fair complexion, brown hair, hazel eyes.

Colonial Secretary Index:
MALONEY, John. Per “Fortune”, 1813

1825 Jan 3,10:  Re permission to marry Mary Saint John at Parramatta; appears as Malone (Reel 6063, 4/1785 p.10; Reel 6014, 4/3513 p.249)

1825 Nov:  To be granted a conditional pardon (Fiche 3292; 4/6974.1 pp.49, 74)

15/8/1835: CP

D Wong on 28th April, 2020 wrote:

Richard Payne arrived in VDL - he absconded on a ship called the Unity in 1813 and was never heard of again.

Convict Changes History

Carl Nelson on 28th April, 2020 made the following changes:

alias1: John Malone, date of birth: 1766 (prev. 0000)

D Wong on 28th April, 2020 made the following changes:

gender: m, occupation, crime

This record was discovered and printed on ConvictRecords.com.au