James O'hara

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Dianne Jones on 13th November 2023

NOTE: Year of Birth is taken from official records but day and month are not known. The latter dates have been entered as 01/01 because the site does not allow those fields to be left empty. --00--

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Dianne Jones on 13th November 2023

TO SOUTH AUSTRALIA: 1885, 5 September: James O’Hara, expiree, late reg. no. 9841, sailed from WA on the “Edith May” for Port Victor, SA. Described as: 46, labourer, 5’5” tall, light gbrown hair, light hazel eyes, full visage, fresh complexion, strong appearance, scar on forehead (‘Register of Expirees and Conditional Pardon Holders who have left the Colony’, WA Police Gazette, No. 35, Sep 2, 1885, p148 at https://slwa.wa.gov.au/pdf/battye/police_gazettes/188509_m.pdf). --00--

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Dianne Jones on 13th November 2023

WHY SUCH A DELAY IN GETTING HIS CERT. OF FREEDOM? 1872, 13 December: He was sentenced by the Bench at Greenough to 3 years’ penal servitude for “wounding William Turner”. 1872, 18 December: He was sentenced to 5 years’ penal servitude for “wounding James Grant with intent to do grievous bodily harm”. 1874, 10 February: He was sentenced at Champion Bay to 3 years’ hard labour and 36 lashes for “violently assaulting the Gaoler at Champion Bay with intent to do grievous bodily harm (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers General Register for Nos 9599-10128 cont. (R16)). --0--

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Dianne Jones on 13th November 2023

FREMANTLE JAIL RECORD: O'HARA, James; inmate #9841, arrived 10 Jan 1868 per Hougoumont Date of Birth: 1839 Marital Status: Unmarried Occupation: Porter Literacy: Literate Crime: Rape Sentence Period: 8 years Previous Convictions: Yes Ticket of Leave Date: 11 Mar 1870 Certificate of Freedom Date: 16 Oct 1883 Comments: General servant, labourer, fencer. To Victoria, 5 Sep 1885 (https://fremantleprison.com.au/history-heritage/research/convict-database/). --00--

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Dianne Jones on 13th November 2023

IN WA: 1868, 10 January: On arrival, JAMES O’HARA was listed as convict #9841, 27 [when convicted], porter; single; literate, RC; convicted for rape – 8 years PS; family – father James, 35 John Street, Edgeware Road; behaviour in jail in England “indifferent”. Previous convictions – 4 years 1855, 6 months 1854, 4 summary convictions; 5’5” tall, light brown hair, light hazel, full visage, fresh complexion, strong appearance; marks – scar on forehead (Western Australia, Australia, Convict Records, 1846-1930; Convict Department, Registers, General Register for Nos 9599-10128 cont. (R16)). --0--

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Dianne Jones on 13th November 2023

EMBARKATION: 1867, 8 October: James O’Hara was sent from Portland to board the Hougoumont for WA. “The hired convict ship Hougoumont, which has been taken up, by the Government for the conveyance of a numerous party of convicts to Freemantle, Western Australia, left the Nore on October 1, and proceeded down Channel, after receiving on board 150 convicts from the establishments at Chatham and Millbank. The convicts from the Chatham establishment, at St. Mary's, embarked from the dockyard on board the paddle-wheel steamer Adder, Mr. W. J. Blakely, and were in charge of a numerous party of convict guards and wardens, all heavily armed. Among the convicts shipped were a party of fifteen Fenians, who were engaged in the late conspiracy in Ireland, together with the officers and crew convicted of scuttling the ship Severn [only two were on the Hougoumont – Thomas Berwick and Lionel Holdsworth, each sentenced to 20 years for fraud], and some others who have achieved notoriety from their crimes. The Fenian convicts, like the remainder of the prisoners, were chained together in gangs, but it was observed that they were kept apart from the other convicts in a portion of the vessel by themselves. The steamer Petrel also took down a number of convicts from the establishment at Millbank, for shipment on board the Hougoumont, in charge of a strong escort and convict guard. On Tuesday, October 8th, the Hougoumont arrived in Portland roads. Shortly before midday ninety convicts were marched down to the Government pier at Portland under a strong escort of the 12th Light Infantry. The party included twenty-three Fenian convicts, among whom it was said, was Moriarty [not the senior Fenian, Captain Moriarty; rather, this was Bartholomew Moriarty, aged 17]. The Government steamer employed in the breakwater service was used for conveying the convicts on board the Hougoumont transport ship. The convicts were chained together on embarking, and on board the steamer a strong guard of marines from her Majesty's ship St. George was formed, and saw the convicts safely placed on board the Hougoumont. The Governor of the penal settlement at Freemantle, Captain Young, is on board the Hougoumont, and returns in that ship to his sphere of duty after paying a visit to his native land.” (Sydney Morning Herald, 19 Dec 1867, p4, at https://trove.nla.gov.au/newspaper/article/28608271). --00--

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Dianne Jones on 13th November 2023

1867, 15 March: Admitted to Portland Prison, Grove Road, Portland; inmate #6033 (having previously served four years there 1855-1859). James Buckley, who had also been at Millbank with O’Hara, was sent to Portsmouth Prison on 14 March. At Portland, James O’Hara was listed as 27 years old, to serve 8 years for rape; health “good” and behaviour “indifferent” (England, Criminal Lunatic Asylum Registers, 1820-1876 for James O'Hara; Quarterly Returns of Prisoners in Convict Prisons/Lunatic Asylums; 1867, December). Portland, Chatham, Portsmouth 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) --00--

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Dianne Jones on 13th November 2023

1866, 27 June or 7 July: Admitted to Millbank Prison, Westminster; inmate #2169, James O’Hara, porter, aged 27, single, semi-literate, convicted at the C.C. Court on 11 June, sentenced to 8 years penal servitude; previous conviction 4 years p.s. April 1855, 4 summary convictions; family – James O’Hara, 35 John Street, Edgeware Road; “visited by father and brother 16.3.67”; “R Catholic Protestant on reception at Millbank R Catholic” (UK, Prison Commission Records, 1770-1951 for James O'Hara; Millbank Prison; Register of Prisoners, 1866-1867). “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). Pentonville, Millbank, Wakefield and Mountjoy in Ireland were the “Probation” or “Separate” prisons, as were some local jails. --0--

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Dianne Jones on 13th November 2023

JAILS: 1866: Admitted to Newgate Prison, corner of Newgate and Old Bailey Streets, London. Following his conviction, on 15 June [sic] by Justice Byles in the Old Bailey, James O’Hara, 27, a porter from Marylebone, served 25 days in separate confinement; behaviour “good” (UK, Prison Commission Records, 1770-1951 for James O'Hara; Newgate Prison; Registers of Prisoners, 1863; and UK, Prison Commission Records, 1770-1951 for James O'Hara; Millbank Prison; Register of Prisoners, 1866-1867). --0--

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Dianne Jones on 13th November 2023

NEWSPAPER REPORT OF TRIAL: 1866, 16 June – Express (London), p4: “CENTRAL CRIMINAL COURT... (Before Mr. Justice Byles.) James O'Hara was indicted for feloniously assaulting and abusing one Johanna Casey, and John Woods, John Buckley, and Isaac Moore were indicted for aiding and assisting O'Hara in the commission of the said felony. The four prisoners were stalwart young men, described as labourers, their ages varying from 20 to 23 years. The case having been heard, the jury retired, and, after an absence of nearly an hour, returned a verdict Acquitting Moore, but finding O'Hara, Woods, and Buckley Guilty. The jury accompanied their verdict with a recommendation to mercy of Buckley, on the ground that he was less culpable than his companions. Mr. Justice Byles, addressing O'Hara, said he had been most properly convicted of the crime of rape, and his offence was aggravated by the existence of a clear conspiracy with the two other men to effect his object, which rendered it impossible for the young prosecutrix to offer any resistance to the outrage perpetrated upon her. The sentence upon him (O'Hara) was that he be kept in penal servitude for the term of twelve years. With respect to the prisoner Buckley, he had been convicted of siding and assisting in the perpetration of the offence, but the court would give effect to the recommendation of the jury, and the sentence upon him was that he be kept in penal servitude for the term of five years. As to the prisoner Woods, there were circumstances in his case which induced the court to take a more lenient view. He had endeavoured to make some amends for the crime he had committed by offering to marry the prosecutrix, and if that had been done his position to-day would have been very different. As it was the sentence was that he also be kept in penal servitude for the term of five years.” (https://www.britishnewspaperarchive.co.uk/viewer/bl/0002642/18660616/056/0004) Note: The sentences for Woods and Buckley quoted in this article are at odds with the Middlesex register. In O’Hara’s case, the Old Bailey transcript and this article both state that he received 12 years. --0--