Jean Moffatt

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Summary

Born
Unknown
Conviction
Theft - larceny
Departure
Aug 1826
Arrival
Jan 1827
Death
Unknown
Step 0 of 0

Personal Information

Name: Jean Moffatt
Gender: Female
Born: Unknown
Death: Unknown
Age at death: Unknown
Occupation: Unknown
Aliases: Wilson, Donnelly, Mcdonald, Jane Moffatt

Crime

Convicted at: Glasgow Court of Justiciary
Sentence term: 14 years

Voyage

Departed: 31st Aug 1826
Arrival: 3rd Jan 1827
Place of Arrival: Van Diemen's Land

Transportation

Jean Moffatt was transported on the Sir Charles Forbes, departing 31st Aug 1826 and arriving 3rd Jan 1827 with 72 passengers.

Sir Charles ForbesSir Charles Forbes (generic)

References

Primary SourceAustralian Joint Copying Project. Microfilm Roll 88, Class and Piece Number HO11/6, Page Number 63 (33)
Source DescriptionThis 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 SourceGreat Britain. Home Office
Compiled ByState Library of Queensland
Database SourceBritish convict transportation registers 1787-1867 database

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Convict Notes

Dianne Jones avatar
218
on 9th May 2021

1845, 28 March: Jane Donnelly was sentenced to be imprisoned at the Launceston House of Correction with hard labour for two years. That sentence was remitted on 26 August 1846 (see http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON40-1-7,316).

Dianne Jones avatar
218
on 9th May 2021

1845, 28 March: James and Jane Donnelly were tried at the Quarter Sessions at Launceston, convicted and sentenced to 7 years and 2 years respectively for stealing a shawl and other items. He was sent to Port Arthur for 2 years (see https://stors.tas.gov.au/CON34-1-1$init=CON34-1-1P645). The case was reported in the Launceston Examiner on 29 March, p6: “QUARTER SESSIONS. (Before Joseph Hone, Esq., Chairman, James Robertson, Esq., J.P.) … James Donnelly, and his wife, Jane Donnelly, were indicted for stealing on the 20th December, 1843, a shawl, handkerchief, waistcoat, toast-rack, books, razor, and a variety of other articles, the property of their master, Mr. Joseph Penny. Mr. Rocher appeared for the prisoners. Mr. Penny deposed to having missed the property and identified several articles when produced. The prisoners were in his service, Donnelly left some three or four months before his wife. Mrs. Penny confirmed the above testimony, and particularised the articles missed while both prisoners were in her service, and those missed since they left. There was another female servant employed in the house. The prisoner Jane Donnelly was cook, and her husband waiter, but she had occasionally access to the rooms where the property was kept. In cross-examination Mr. Rocher elicited that the female prisoner had about two years since restored to her mistress a valuable ring and a pair of salt cellars, which had been missed. Constable Potter visited the prisoners' house, in various parts of which the stolen property was found; the shawl was found in the yard, and witness observed Mrs. Donnelly going in that direction apparently concealing something under her clothes. The prisoner accounted variously for the articles discovered, alleging that some were her property; others had been given her by Mrs. Penny, &c.; the books were lying open on the table with other works, and none of the property was concealed. Mr. D. C. Davis gave similar testimony, detailing more minutely the suspicions conduct of the prisoners when the house was searched. Mr. Rocher, for the defence, laid down four points for the consideration of the jury; they must be satisfied, 1st, that the prisoners were servants of the prosecutor on the day named in the indictment; 2nd, that they stole the property whilst such servants, and on the day named; 3rd, that the property belonged to Mr. Penny; 4th, that the prisoners jointly stole that property, for if one was the thief and the other the receiver, the indictment could not be sustained. He hoped, if the jury entertained the least doubt about any question of law, they would apply to the chairman for his decision, and not come to a conclusion unfavourable to the prisoners. He made the request in consequence of what had transpired respecting the verdict of a jury upon some former occasion. If the jury believed that Mrs. Donnelly acted under the coercion of her husband, in law she was excused. Having briefly reviewed the evidences Mr. Rocher left the case with the jury. The chairman summed up, pointing out the peculiarity of the case, the prisoners being husband and wife, charged jointly for an offence committed whilst servants of the prosecutor. Admitting the difficulty of determining between stealing and receiving, he cautioned the jury to be careful lest by their verdict a license should be given to husbands and wives to plunder with impunity. He disposed of Mr Rocher's second point at once, by instructing the jury it was not necessary to find the particular day upon which the theft was committed. Respecting the question of receiving, the chairman remarked, in reply to the prisoner's counsel, that no one was so likely to have stolen the property as persons residing on the premises, having free access to the articles stolen. He directed the jury to confine their attention to the articles stolen whilst the prisoners were both in the service of the prosecutor; of the identity of which there could be no doubt. If they could believe that one of the prisoners stole, and the other received, the property, they could only convict the thief. The jury retired about an hour and a half, and brought in a verdict of Guilty.”

Dianne Jones avatar
218
on 9th May 2021

1827: On arrival in VDL, she said she was married and her husband James Donnelly had arrived per Woodman. 1828, April: While assigned to Mr Emmett as a servant, she was charged for being absent without leave and being found drinking in a public house. She was to be punished by being confined to a cell for 7 days, on bread and water. On release, she was to be assigned to country service. 1836, 22 August: Jane/Jean Moffatt (Donnelly) was granted a Conditional Pardon No.926. 1839: She received her Free Certificate No.768 (see http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON40-1-7,316).

Dianne Jones avatar
218
on 9th May 2021

NATIVE PLACE: Huntly, Aberdeenshire (see http://search.archives.tas.gov.au/default.aspx?detail=1&type=I&id=CON40/1/7)

Dianne Jones avatar
218
on 9th May 2021

TRIAL: 28 September 1825 (see National Records of Scotland at http://catalogue.nrscotland.gov.uk/) Title: Trial papers relating to Jean Donnelly and James Donnelly for the crime of theft by opening lockfast places, habit and repute at The Butts (or Bughts), Glasgow. Tried at High Court, Glasgow. Accused: Jean Donnelly, alias Wilson; McDonald, wife of James Donnelly or McDonald, m.s. [maiden surname] Moffat, Verdict: Guilty, Sentence: Transportation - 14 years. Note: A separate indictment was issued against the couple with an additional charge of theft. The case was due to be held at the High Court on 12 Jul 1825 but there is no entry in the minute book. Accused: James Donnelly, alias McDonald, Verdict: Guilty, Sentence: Transportation - Life. Note: A separate indictment was issued against the couple with an additional charge of theft. The case was due to be held at the High Court on 12 Jul 1825 but there is no entry in the minute book. Victims: James McGregor, labourer, The Butts (or Bughts), Glasgow; Janet McGregor, wife of James McGregor, The Butts (or Bughts), Glasgow.