Thomas O'meara

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Maureen Withey on 20th August 2022

Colonial Secretary Index. O'MEARA, Thomas. Per "Bencoolen", 1819. 1819 Oct 14 On list of prisoners sent to Newcastle per "Lady Nelson" (Reel 6006; 4/3500 p.295) 1824 Apr 14 On lists of prisoners transported to Port Macquarie per "Sally" (Reel 6019; 4/3864 pp.120, 472-3) 1825 Aug 27 To be received into the General Hospital (Reel 6015; 4/3515 p.243)

343

Maureen Withey on 20th August 2022

Thomas O’Meara, free, charged by Mr Sutherland of George street, with whom he had lived as a servant, about a week, with having broken a pane of glass in the store, and by that means opened the door thereof, and got access therein, and extracted a white muslin dress, the property of Mr Sutherland, it appeared that the prisoner in breaking the window, had cut the knuckles of his right hand, and that blood was traced from the store door into the kitchen, and further, that the shirt which the prisoner had on, when the felonious entry was made, and which he pulled off immediately after, and was found in his bed, had stains of blood on it, besides some spots of blood on the bed, under which circumstances, the Bench ordered the prisoner to stand committed for trial. Sydney Gazette, 20 May 1826. ----------------------------------------------------- Thomas O'Meara was indicted for a burglary and robbery, in the house of Mr. R. J. Sutherland, in George-street, on the 16th of May last. The ATTORNEY GENERAL stated the case. The prisoner was a servant in the employ, and living in the house with the prosecutor; and the burglary was committed under the same circumstances, as an innkeeper might commit a burglary in his own house, by breaking into the apartment of a guest, who, for the time, having the sole occupancy of the room or place, breaking in with an intent to commit a robbery, constituted a burglary. The principal feature in this case was, that the entry had been effected by breaking a pane of glass in the shop door; blood was found on the pane, which was also traced for some distance towards the kitchen; the hand of the prisoner was cut, and his shirt was found stained with blood. From these circumstances, and from the situation of the prisoner, as a servant in the house, the Jury were called upon to say whether he was guilty or not, of the charge brought against him. Mr. Sutherland deposed to finding the glass broken, by which means the shop-door had been unlocked from the inside, and a muslin dress and a piece of cotton print taken away; there was an appearance of blood on the broken glass, and also on the floor, from the shop-door to the kitchen; the prisoner's hand appeared to be recently cut, and on examination, his shirt was found stained with blood; the cotton was found under the mattress of Mr. Sutherland's bed. Mr. Sutherland's clerk, deposed to having locked the shop-door on the evening laid in the indictment, leaving the key in the lock on the inside, and was of opinion that it was opened by inserting the arm through the broken pane of glass. There was no other servant in the house at the time. Francis Sutland, a constable, was sent for to take the prisoner into custody; his hand appeared to have been recently cut, as if with some sharp instrument. Guilty—Remanded. Sydney Gazette, 3 June 1826. -------------------------------------------------- Supreme Criminal Court. MONDAY, JUNE 19, 1826. The CHIEF JUSTICE sat this morning for the purpose of passing sentence on the following prisoners, convicted during the last Criminal Sittings of the Supreme Court. Thomas O'Meara for a burglary and robbery in the house of Mr. Sutherland, in George-street. Judgment of Death recorded. Sydney Gazette, 21 Jun 1826.

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Maureen Withey on 16th August 2019

Colonial Secreatary record of letters: re 1832. Petition of Thomas O’Meara/ “Bencoolen” – on Hulk to prosecute John “Blower” who attempted to murder him – requests transfer to Port Macquarie as an invalid Notes re above To Port Macquarie. MORE HORRORS AT MORETON BAY. SUPREME COURT - CRIMINAL SIDE. THURSDAY, FEBRUARY 16th, Before Mr. Justice Dowling and the usual military Commission. John Blewer was indicted for an attempt to murder T'homas O'Meara, by cutting him on the throat with a razor at Moreton Bay, on the 19th of November last. Thomas O'Meara sworn-I was a prisoner of the Crown at Moreton Bay in November last; on the morning of the 19th or there abouts I was coming down the stairs from the sleeping-room in the barracks to go to work, when about half-way down the stairs, I felt something come across my neck which I thought to be a fire-stick; it felt hot; I put my hand up to my neck and turned round, when I saw the prisoner close behind me; at the time I turned round, the prisoner said, "take that," and I felt something hot run down on my shoulder; I ran down stairs as fast as I could. where I saw Mr. McIntosh, who supported me; I put my hand into the cut which was all across my throat; Blewer was taken up for doing it, and I was sent to the hospital. Cross-examined by the prisoner- I never borrowed a razor from you in my life. By a Juror-The prisoner was my overseer; I never had a quarrel with the prisoner; I have been five years at Moreton Bay; I was tried by his Honour Judge Stephens for a robbery, but I do not know my sentence. The prisoner slept in a room separate from mine; the prisoner had been broken from being an overseer, two or three times, but I was never the cause of his being broken; he frequently appeared to me to be mad, from the cranky tricks he used to play; I never had a razor of his in my possession; the reason I supposed him to be mad was, that he used to run about from place to place when there was no necessity for it, and give very strange orders to the men, which could not possibly be complied with; I never knew him taken to the hospital for this infirmity. I was confined in the hospital from the effects of the cut, from 19th of November, until after Christmas; the prisoner was always a good tempered man. John McIntosh sworn- Moreton Bay is a penal settlement of the Colony. I was Chief Constable there in November last. On the morning of the 19th, I saw O'Meara coming down the barrack stairs, and shortly after Blewer came in contact with him on the stairs; there was no other person near them at the time. O'Meara ran towards me crying, "I am killed, I am killed;" He said, that Blewer had cut his throat with a knife; while I was holding O'Meara. Blewer had got out of the way, but a constable went after him and brought him back; the constable gave me the razor now produced, which he said he had taken from Blewer; the razor was bloody which can be seen now on it; when Blewer was brought back, he said he was sorry that he had not done the job on some other person in the yard, as well as on O'Meara. Cross-examined - I always considered the prisoner a hasty man, but not wanting intellect; overseers are always chosen from the best characters; I fancy, that the prisoner was an overseer in Captain Logan's, as well as in Captain Clunie's time; the prisoner was dismissed from being an overseer, for leaving two men of his gang out in the field at dinner time, when he ought to have brought them to camp; the two men he so left out, are come up as witnesses for him. Mr. Henry Cowper was called by the Crown Officer, but was not in attendance, and the case was stopped for some time, until a constable was despatched to warn Mr. Cowper; the constable returned, saying, that he had seen Mr Cowper, who would come up as soon as he could. Another pause took place, and the constable was again sent, who returned, stating, that Mr. Cowper had told him he could not come, but would write to the Attorney General. His Honor Mr. Justice Dowling recorded the testimony of the constable, at the instance of the Solicitor General, and ordered the witness's expenses to be stopped, and notified his wish, that other steps should be taken against Mr. C. for contempt of Court. His Honor observed, that repeated observations had been thrown out respecting the great expenses of the Court and it was probable that this circumstance, which was one of numerous others, would afford some explanation of the manner in which the expenses were incurred. He was determined to pursue the same course with all witnesses who neglected to attend to their subpoenas. The Solicitor General thought the present might have a salutary effect in providing for the despatch of business in the Court. THIS WAS THE CASE FOR THE PROSECUTION. The prisoner when called on for his defence said he had nothing to say, but would call witnesses. Ryley Smith - I was a prisoner at Moreton Bay; I know the man O'Meara, but I do not recollect the prisoner having lent him a razor; O'Meara on the day that he was cut, had been warned for Court, to get 50 lashes about some pork and bread, supposed to have been stolen front the Court-house; I heard O'Meara say, that before he would go to Court and take 50 lashes, he would put an end to his existence or some other person's; I thought in consequence of some other men having attempted the same, that he would be likely to do it; I never heard O'Meara use any threatening language towards the prisoner; I never knew of any quarrel between the prisoner and O'Meara; I have been at Moreton Bay, two years and nine months, during which time I knew Blewer; He was an Overseer of mine; I never was on bad terms with him I never remarked any thing extraordinary about Blewer's mind, (any more than his going without shoes on week days, which he preserved for Sundays; I cannot say that I ever saw anything in his appearance which would induce me to think that he was out of his mind; I slept in the same room and in the next berth to O'Meara; the prisoner at the bar slept in another room; I know nothing whatever between them that could have induced the prisoner (if he was the man), but of which I am not aware, to have cut O'Meara. Martin Smith - I am a prisoner and came up from Moreton Bay; I know the prisoner at the bar; I saw a razor with O'Meara on the Friday preceding the Saturday on which he was cut; I went to him to the waterside and asked him was he going to shave? he said he was not at that time, but that he would have the last shave in the course of a few minutes; at this time his eyes were filled with tears and he could say no more; I then left him, and in two hours after he came up, when I asked him, if he thought he would be punished? He said he supposed he would, but before he would receive 50 lashes or give any scoundrel the satisfaction of seeing him punished, he would put an end to his existence; I said "Tom don't do anything of the kind. You may get over this," when he replied, "I do not care; I am for life at Moreton Bay, and I will be revenged on that Blewer right or wrong; he came home to the barracks and that night he could not rest, he got up and walked about the floor, and as the night was bright, seeing the way in which his mind was disturbed l sat up against the wall until day-light ; in the morning when he got up, he took his blanket under his right arm, and I saw a razor in his left hand, with which he went down the stairs within four or five steps of the landing place, and I heard him say, oh murder, oh murder! throwing himself into Blewer's arms; Blewer had lent him a razor two or three days before that, but whether he returned it or not I cannot say; to the best of my opinion he cut his throat himself; I did not see it done, but I saw the wound after it was done; Blewer went down afterwards to muster his men; both Blewer and Mara rushed down together, and I do not think Blewer offered to stop the blood; I heard O'Meara say, that Blewer had cut his throat, but Blewer denied that he had committed the act; it is a regular thing at Moreton Bay for men to maim their arms, legs, and privates, to escape receiving 50 lashes, it is so severe; I also knew a man to jump off a two-story house to escape punishment. The Solicitor General informed the Court, that a letter had just been handed to him from Mr. Cowper, stating, that he could not attend the Court. He hoped the Court would make him an example to others, that the Court wan not to be treated with disrespect, with impunity. Cross examined by the Solicitor General: I have been at Moreton Bay eighteen months, and I have got eighteen months more to serve. I was close to O'Meara when his throat was cut. When I first saw the razor it was with O’Mara shut, the second time it was in the hands of a constable open. The prisoner and O'Meara were entangled with one another, and they appeared to be tumbling together, but I do not know who went down first I know that the razor I saw with Bob Winter the constable, was Blewer's razor; it had his name on it. I cannot say whether the razor which I saw with O’Meara in the morning, was the same which I saw with Bob Winter, but I know that the razor which I saw with O'Mara on the Friday before was Blewer's razor, because he told me that Blewer had lent it to him. By a Juror- I will tell you how it was that O'Mara said that he would be revenged upon Blewer. Some man had taken some pork and bread from O'Mara, and O'Mara could not account for his having the pork as there was none served out, the man insisted upon the pork being taken to Court Blewer then reported the case to Mr. Spicer the Superintendent, and I heard O'Mara say, that Blewer could get him off the punishment if he liked, and that was the reason that O'Mara said he would be revenged on Blewer. I do certainly think that O'Mara cut his own throat on purpose to charge Blewer with it. I saw Blewer in the morning coming up the stairs, and he had a razor then. I have seen men at Moreton Bay cut their arms, and the bottom of their bellies on purpose to be taken into Hospital to escape fifty lashes. But I never knew a man to cut himself and to charge another man with it. By a Juror--Riley Smith slept on one side of O'Meara, and I upon the other; the prisoner was in the centre of the yard, coming down to muster his gang, at the time he was taken. By the Court - Riley Smith had the same opportunity to see what I have described if he had taken notice of it; Blewer was an over seer at the time; there was some talk of his being broken on that day, but this was early in the morning, but he was an overseer then., By a Juror-I never heard any quarrel between them, and I do not think Blewer would have chosen the stairs to do this deed, if he had wished to murder O'Mara. John McIntosh--When I apprehended the prisoner, he was in the centre of the barrack yard; I never heard the prisoner say, that O'Meara had cut his own throat, but heard him acknowledge before Capt. Clunie, that he himself had committed the crime. I am certain no inducement was held out to him to confess. I was present when he was examined. And when he confessed; no statement was required of the prisoner when he was committed; when he was brought up, Captain Clunie asked him if he wished to call on any person as a witness on his trial? he said no; just before we came up, he was taken up again before Captain Clunie, who asked him if he then wished to call upon any person in his behalf? when he said he did, and gave in the names of Riley Smith, and Martin Smith; Captain Clunie asked him why he did not give the names of his witnesses when he was committed I he made an excuse that he did not with to call them before he went to Sydney; the prisoner on being apprehended said, that there was another bloody rogue in the yard, and that if he could have got alongside of him, he would have settled him as well as O'Meara; that is what I meant when I said that he confessed; I do not believe that O'Meara cut his own throat; when I first saw them they were about twenty yards from me. I was speaking to the principal overseer when first I saw them; there was a sort of scuffle between them, but I had no idea of anything serious; O'Meara ran down with his hand upon his throat and the blood gushing through his fingers, and called out, that he was murdered, and that Blewer had cut him. In about three or four minutes after, one of the constables brought a razor which he said he had found in Blewer's hand; at that time there was no punishment hanging over O'Meara, so that he could not do it with the hope of escaping punishment; about a week before, there was something about bread and pork being stolen, but the case was brought before Mr Spicer and dismissed, as there was no charge substantiated; on the contrary, the man proved, that the pork was part of his rations; I am a ticket-of leave man and have been down there altogether about six years, out of which I have been three years Chief Constable, and three years Principal Overseer. The Learned Judge summed up, and the Jury retired a few minutes, and then found a verdict of Guilty. The Sydney Monitor, 22 Feb 1832.

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Maureen Withey on 16th August 2019

Moreton Bay Records Thos. O’Meara, Original conviction, Dublin City, Aug 1818, 7 years, trade- soldier. Colonial Offence, Crim. Court, Sydney, 19 Jun 1826, for House robbery, Life sentence. To Sydney, 5 Feb 1832. Description: Native place, Limerick, age 46, height 5ft 2, roody complexion, dark hair hazle eyes. Roman catholic.