Mary Davis

Level 218

Dianne Jones on 13th May 2022

DEATH: 9 June, 1850: Mary Davis died at the Cascades Factory, on the outskirts of Hobart (http://foundersandsurvivors.org/pubsearch/convict/chain/ai17699). About the Cascades female factory: Cascades opened in 1828 and "became the colony's largest Factory, expanding by 1853 into five major courtyards accommodating 1000 women and 175 children. As a complex of buildings in a frequently flooded valley, the Cascades Factory suffered from the government's decision to economise by converting a rum distillery instead of designing an institution for women and their children... During the 1830s, those who entered a Female Factory were divided into three classes. At the bottom in the Third or Crime Class were women serving secondary punishment for offences such as insolence, drunkenness and being absent without leave. In the Second or Probation Class, women worked at lighter tasks and enjoyed a less meagre diet. At the top in the First or Assignable Class were women waiting to be sent into private service where settlers gave them room, board and clothes, but no wages. After 1840 when transportation stopped to New South Wales, the influx of new arrivals put sudden and sustained pressure on the Factories... [C]onditions improved at Cascades when its functions split. On arrival, women now spent six months on the Anson hulk, moored in the Derwent. Hiring depots and the Nursery were relocated, and Cascades reduced to a prison. By 1850, however, with the Anson's programme of moral rescue deemed a failure, services were again consolidating at Cascades, where the final Yard opened in the last year of transportation." (https://www.utas.edu.au/library/companion_to_tasmanian_history/F/Female factories.htm)

Level 218

Dianne Jones on 13th May 2022

--00-- 21 October, 1848: For being illegally at large, she was sentenced to 3 months' hard labour. 6 November, 1849: She received a Ticket of Leave. 2 May, 1850: She was sentenced to three months' hard labour at the Factory (Cascades) for being drunk (https://stors.tas.gov.au/CON41-1-7$init=CON41-1-7p45). --0--

Level 218

Dianne Jones on 13th May 2022

PASSHOLDER: 2 February, 1847: In spite of her infirmity, Mary Davis was slated to serve 6 months of "gang probation" before becoming a 3rd Class passholder. About the Probation System: “The Probation System was an experiment in penal discipline unique to Van Diemen’s Land. Introduced in 1839, it was modified several times from 1846 until it was abandoned altogether following the abolition of transportation to the colony in 1853… The system sought to punish with a just but dread certainty. It required all prisoners to be classified according to the severity of their offences, with the separation of individuals and classes employed to contain the corrupting influence of the more hardened offenders. All convicts were to be subjected to successive stages of punishment, commencing with a period of confinement and labour in gangs: at a penal settlement for life-sentenced prisoners, or at a probation station for all others. If they progressed satisfactorily through several stages of decreasing severity, they received a probation pass and became available for hire to the settlers. Gangs of passholders awaiting employment remained at the stations and continued to labour on public works. Sustained good conduct eventually led to a ticket-of-leave or a pardon. More than eighty probation stations operated in various locations, for varying periods, throughout the settled districts.” (https://www.utas.edu.au/) --0--

Level 218

Dianne Jones on 13th May 2022

INVALID/INFIRM: AKS Piper (2003) has studied the transportation of convicts -- male and female -- whose age or infirmity would be expected to exclude them from being shipped to the colonies. "Transportation spawned invalids directly and indirectly. Invalid prisoners, or prisoners likely to become infirm, were transported to Van Diemen's Land... In relation to the Lloyds, the Principal Medical Officer reported to Matthew Forster, the Comptroller General, that with few exceptions they were healthy, although two women, Anne Gardiner and Mary Hamilton, had scurvy and required removal to the General Hospital. Three others, Jane Elson, Mary Halliday and Mary Murphy, who were respectively suffering from rheumatism, consumption (tuberculosis) and epilepsy, were also removed to the hospital. Another three, E. Palmer, Mary McDonald (or McDougal) and Anne Mulham (or Mulhern), all aged between 60 and 65 were described as being unfit for labour on account of being aged and infirm. A fourth woman, Mary Davis, aged 45, was also viewed as a potential liability as she had lost her right hand. From this one vessel alone it was likely that Van Diemen's Land was to be lumbered with seven long term invalid cases... An investigation revealed that, with the exception of Davis, all the women had been healthy when they embarked and that their health and conduct in Millbank Prison [London] was not cause to detain them there. In the case of Davis, William Buly, the Medical Superintendent of Millbank Prison, wrote that while the regulations relating to the transportation of male convicts who had lost limbs had been amended in January 1845, no such instructions had been received for female convicts. On further inquiry... the Home Office [advised it] had no intention of changing this ruling. Loss of a limb continued to be perceived as not a barrier for the transportation of female convicts. The regulation had been changed for male convicts as the loss of a limb was seen as reasonable grounds to incapacitate a man from labour in a probation gang, but as women did not engage in such labour, the same objection could not be raised against their transportation." (Piper, 2003, pp35-37, at https://eprints.utas.edu.au/). Note: Some corrections to the names above -- Anne Gardiner was listed as Ann Gardner. She died in Hobart General Hospital, on 25 November, 1845, 17 days after her arrival in Hobart Town. Mary Murphy should be Margaret Murphy, aged 11½ years. Young Margaret had epilepsy and sailed on the Lloyds with her mother, Margaret, who did not suffer from epilepsy. E Palmer was Hannah Palmer. Mary McDonald was Mary Macdonald (convict #590), aged 16. However, Margaret McDonald (convict #589) was aged 60, born 1785.

Level 218

Dianne Jones on 13th May 2022

IN VDL: 7 November, 1845: On arrival, Mary Davis was listed as convict #496, married with two children, 45 years old when convicted, a housemaid, native place Croydon. Ship's Surgeon's report: Quiet [sic] deceitful [Quite deceitful? or Quiet and deceitful?]; "has only one hand". Marks: "Lost right hand" (https://stors.tas.gov.au/CON41-1-7$init=CON41-1-7p45). --0--

Level 218

Dianne Jones on 13th May 2022

TRANSCRIPT of her trial: 1141. MARY DAVIS was indicted for stealing 2 engravings and frames, value 5s., the goods of Joseph Flack, and that she had been before convicted of felony. MARY CUMMING. I am servant to Mr. Flack, who keeps the Ben Jonson public-house. On the 30th of April, between eleven and twelve o'clock, I went up stairs, and found the prisoner standing behind the room door—I asked what brought her up there, and she handed me one of these pictures—she had these two pictures with her, which are my master's, and had been hanging up in the room in which she was—it was an up-stairs room, and she had no business there. JOSEPH FLACK. I keep the Ben Jonson—I heard a noise up stairs—I went up and found a frame lying down on its side—the prisoner must have been behind the room door at that time—I heard another noise—I went up again and found her there—these are my pictures—she had no business in the room. Prisoner. I am very sorry, I hope you will have mercy on me. GEORGE BANHAM (police-constable B 84.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read—Convicted, 1st Jan., 1844, and confined six months)—the prisoner is the person. GUILTY. Aged 45.— Transported for Seven Years. --00--

Level 218

Dianne Jones on 13th May 2022

TRIAL: 12 May, 1845: Mary Davis was tried at the Old Bailey, convicted and sentenced to transportation for 7 years for stealing "pictures" (https://stors.tas.gov.au/CON41-1-7$init=CON41-1-7p45). --0--