Summary
Personal Information
Crime
Transportation
Thomas Mcguire was transported on the Nile, departing 18th Sep 1857 and arriving 1st Jan 1858 with 271 passengers.
Nile (generic)References
| Primary Source | Australian Joint Copying Project. Microfilm Roll 93, Class and Piece Number HO11/18, Page Number 231 (117). --0-- Edgar, W. (Bill) (2018), “The precarious voyage of her majesty’s convict ship ‘Nile’ to the Swan River colony, late 1857 – and the unexpected aftermath.” The Great Circle, 40(1), 20–43. |
| 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 Pro |
| Original Source | Great Britain. Home Office |
| Compiled By | State Library of Queensland |
| Database Source | British convict transportation registers 1787-1867 database |
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Convict Notes
OTHER 28 June, 1865: From the Inquirer and Commercial News (Perth), p2 "PERTH POLICE COURT. Thomas McGuire, c.p.[conditional pardon], was sentenced to be imprisoned with hard labour, for 3 months as a rogue and vagabond, being guilty of drunkenness and disorderly conduct, and assaulting the police in execution of their duty." (https://trove.nla.gov.au/newspaper/article/66014957) --0--
IN WA: From his Fremantle jail record: MCQUIRE, Thomas; inmate #4719, arrived 1 Jan 1858 per Nile Alias: MACGUIRE, HEFFERNAN Date of Birth: 1835 Marital Status: Married Occupation: Farm labourer Literacy: Illiterate Sentence Place: London, London, England Crime: House breaking Sentence Period: 5 years penal servitude Ticket of Leave Date: 12 May 1859 Certificate of Freedom Date: 4 Nov 1861 Comments: Self-employed, 1859 (https://fremantleprison.com.au/) --0--
10 September, 1857: He was sent from Portland to board the Nile for transportation to WA. However, his name is not on the manifest from Portland. His WA convict record confirms he boarded from Portland; behaviour on voyage "good" (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers; Character Book for Nos 4508-5585 (R8)). --0--
6 April, 1857: As Thomas McGuire, admitted to Portland prison, Grove Road, Portland, Dorset -- inmate #6927. Portland, Portsmouth, Chatham and Spike Island in Ireland were listed public works stations and the second stage in the penal process. After separate confinement, prisoners were “placed on work parties at various locations, most commonly naval stations, where maintenance of facilities was vital for the effective protection of Britain’s far flung commercial and military influences around the world. While there, attitude and behaviour were monitored closely. In theory, only after consistently positive reports was a prisoner moved on to the third stage of his incarceration—transportation.” (Edgar, p40) Thomas McGuire was listed as 22 years old when convicted, married, no children, able to read, a labourer, Roman Catholic. Character "bad". Next of kin -- his wife Ann McGuire of 9 Queen Ann Street, Whitechapel. Listed as having no previous convictions. Health "good" (UK, Prison Commission Records, 1770-1951 for Thomas McGuire; Portland Prison; Prison Records to 1875). --0--
13 May, 1856: As Thomas Macquire, alias Heffernon, he was admitted to Pentonville prison, Caledonian Road, London -- inmate #6681, he served 10 months 24 days in separate confinement; behaviour "bad". Described as 22 when convicted, brown hair, hazel eyes, fair complexion, slender build; all other details as per other jail records (UK, Prison Commission Records, 1770-1951 for Thos Macquire; Pentonville Prison; Register of Prisoners; 1854-1856). --0--
19 March, 1856: Admitted to Millbank prison, Westminster, London -- served 1 month 24 days in separate confinement; behaviour "good". “After a sentence of transportation was handed down, the prisoner entered into a separate stage where he was placed into an individual cell, isolated from others, apart from brief periods of exercise and attendance at chapel. However, no communication of any kind with other prisoners was permitted at any time. The philosophy behind this penal methodology had its provenances in the religious, monastic traditions; i.e., that in the isolation of his cell the malefactor would be able to contemplate the errors of his way, unadulterated by the negative influences of former contemporaries, and be reformed.” (Edgar, 2018, pp39-40) When first put into practice, the mandated period of separate confinement was 18 months. By the late 1840s, authorities had conceded that such conditions of imprisonment were “injurious to many prisoners’ mental health” and the stint was reduced to 12 months. Periods of separate confinement were reduced further “as a prisoner displayed good behaviour tendencies” (Edgar, p40). Millbank, Pentonville, Wakefield and Mountjoy in Ireland were the “Probation” or “Separate” prisons, as were some local jails. --0--
12 January, 1856: Admitted to Newgate prison as Thomas McGuire, alias Heffernan, where he served 2 months 3 days in association with other prisoners. Listed as 22, a labourer, from Cork, and 5'8" tall. On this record of his time before and after his trial, he was also listed as charged with "cutting and wounding Samuel Kentfield with intent to do some grievous bodily harm" and found guilty, with a sentence of 5 years' penal servitude. However, the housebreaking conviction, although recorded second, takes precedence in subsequent records and the cutting and wounding offence disappears from same (UK, Prison Commission Records, 1770-1951 for Thos McGuire; Newgate Prison; Registers of Prisoners to 1862). --0--
COMMITTAL & JAILS: 16 January, 1856: Thomas McGuire was committed to stand trial at the Police Court, Hammersmith. --0--
SENTENCE: 4 April, 1856: He was sentenced to 5 years' transportation. No previous conviction registered on this record (England & Wales, Criminal Registers, 1791-1892 for Thomas McGuire; England; Middlesex; 1856). --0--
TRIAL: 4 February, 1856: Thomas McGuire alias Thomas Heffernon was convicted at the Old Bailey of housebreaking and larceny, as below: "#248. THOMAS McGUIRE, alias Thomas Heffernon, breaking and entering the dwelling house of Alexander Rea Thompson, and stealing 5 pictures, and other goods, value 6l.; his property. MR. TALFOURD SALTER conducted the Prosecution. SAMUEL KENTFIELD. I am living at Mr. Sims' office, No. 45, Elgin crescent, Paddington-road—Mr. Sims is my master. On 23rd Dec. he was repairing the house of Mr. Alexander Rea Thompson, in Paddington-road—I was put in charge of the house, and of Mr. Thompson's goods—it was my business to sleep there—about 7 o'clock on the evening of 23rd Dec. I left that house by the front door—I shut the door, and fastened it with a spring lock—I went to my own house—I returned a little before 9 o'clock the same evening—I was very poorly, and I got another watchman—I returned with Jeffery, and on applying the key to the street door, I found it was fastened on the inside—I staid outside, and sent Jeffrey round to the back of the house—I heard him, when he was inside, call out, "Sam, here is one; and I think there is another gone up stairs"—I said, "Open the door"—he opened the front door, and I saw the prisoner just behind the door; Jeffery had got hold of him, and he delivered him to me—the prisoner struggled very violently—Jeffery went to look over the house—I asked the prisoner how he came there—he said he had just come from Reading, and he came there for a night's lodging—I asked him how that hole came there—there was a hole cut through the brick wall, leading from the hall to the drawing room—it was large enough for a man to get through from the hall into the drawing room—he said it was not him—I searched him, and took from his pocket a chisel, and put it into my own coat pocket—I found a couple of little sash lines laid down close by him, and there was a jacket lying on the bricks where the hole had been cut—he said the jacket was not his—he afterwards asked me to let him put that jacket on—I then left him in custody of Jeffery, and I went over the house—I went into my bed room and found the things all strewed about the place—I then unlocked the drawing room, which I had left looked at 7 o'clock—I went in there, and missed the sash lines that I had seen in the hall—I went into the dining room, and saw that five pictures had been taken off the nails, and were packed up ready for removal—the prisoner was given in charge—I went part of the way to the station with him. Prisoner. He swore that I opened that door with the key, and he took the key from the door himself, and that I broke through the wall; I did not; he says I was very obstreperous in the house. Witness -- So you were. MR. T. SALTER. Q. When you left the house, was the window of the billiard room closed? A. Yes, and after I had taken the prisoner I went into the billiard room again, and found the window open. COURT. Q. How long before you left the house had you been in the billiard room? A. About one hour and a half, and the window was shut—it is a sash window—it was lifted up when I came back. GEORGE JEFFERY. I am a watchman on the Kensington-park Estate where the prosecutor's house is. About 9 o'clock at night, on 23rd Dec. the last witness called on me, and in consequence of what he said I went to the back part of Mr. Thompson's house—I found the window of the billiard room half open, sufficiently to admit the body of a man—I went through into the hall, and found the prisoner behind the door—he had two window blinds under his arm—I opened the front door, and gave him in charge of the last witness—on searching the house I found the prisoner's shoes in the billiard room—he afterwards put them on—he was taken to Mr. Sims's, and given into custody. WILLIAM BENDLE (police sergeant, T 42). I took the prisoner—he ran away, I ran and took him—he said, "Don't, d—your eyes, stop me." Prisoner. I said, "I don't care, I am safe." Witness. No, you did not—you had no shoes on or hat, and were running as fast as possible. Prisoner's Defence. I am a hard working chap; I had been to get work, and was coming home; this house was empty; I went in to stop there; the watchman came, and took me down to the bottom of the house, and brought me up again, and then they found these things; they asked me if I was cold; I said, "I am not hot;" he said, "Put on this jacket;" I said, "No, the man that it belongs to may come for it;" he made me put it on, and I did; I had not the window blinds on me at all. GEORGE JEFFERY. I told him to put the jacket on, as it was cold, and in the station I put it on him myself—he had the blinds under his arm when I first saw him: he dropped them, and we took them up. GUILTY." --0--