Thomas Smithers

Level 75

iain Frazier on 12th June 2025

Family connections for Thomas (Smithers) are: SMITHERS Thomas (Smithers alias Matthews) was born about 1782. He had a first (1of4) relationship & produced a child:>>> [Some details taken from this Website] 1.John (Smithers) was born in 1807 in England. He arrived in NSW to join his father on 9 7 1827 on HARVEY. .. >>>Thomas (Smithers) was tried for horse theft at Kent Assizes on 31 7 1809, sentenced to death by hanging reprieved to Life, held on hulk RETRIBUTION at Woolwich, from September 1809 to July 1810 then hulk PHOENIX & arrived in NSW as a convict on 16 12 1810 after a voyage of 6.5months on INDIAN. He was a carpenter when he married secondly (2of4) Sophia Charlotte (Owen) on 16 11 1812 at St Phillips CofE Sydney. He was issued his Ticket of Leave in 1814 & his Absolute Pardon on 31 1 1818. He & his wife were living at George St Sydney when they were committed for trial on 22 9 1826 for stealing blankets & sentenced on 5 12 1826 to 14years for receiving on Norfolk Island. He was Pardoned on 7 6 1831. In 1834, after his wifes death, he married thirdly (3of4) Margaret (Donnellan). At some point he was a publican/innkeeper. He married fourthly Anne (Brodie) in 1841. He died on 1 3 1856 age74 father of 7known children. Sophia Charlotte (Owen) was born on 10 10 1794. She & her husband were living at George St Sydney when they were committed for trial on 22 9 1826 for stealing blankets & sentenced on 5 12 1826 to 14years for receiving on Norfolk Island. She was Pardoned in 1827. She died 19 4 1834 age about40. Details of Sophia Charlotte (Owen)s family are given in entry for Ann (East MASY ANN/E 1791) on this Website. Thomas (Smithers) & Sophia Charlotte (Owen) produced 6children: 1.William John (Smithers) was born on 12 11 1813 & baptised on 5 12 1813 at St Phillips CofE Sydney. He died on 13 3 1817 age3 & was buried at St Phillips CofE Sydney. 2.Sophia Charlotte (Smithers) was born on 1 11 1816 & baptised on 11 2 1816 at St Phillips CofE Sdney. She died on 7 5 1837 age21. 3.Ann Maria (Smithers) was born on 29 8 1819 & baptised on 26 9 1819 at St Phillips CofE Sydney. She died on 19 4 1874 age54. 4.Ann Elizabeth (Smithers) was born on 28 3 1822 & baptised on 30 6 1822 at St Phillips CofE Sydney. She died on 26 9 1906 age84. 5.Thomas (Smithers) was born on 13 11 1823 & baptised on 14 12 1823 at St Phillips CofE Sydney. He died on 19 11 1866 age43+. 6.Charles James (Smithers) was born on 17 10 1825 & baptised on 20 11 1825 at St James CofE Sydney. He died on 25 6 1871 age45. References: Craig James Smee 'Births and Baptisms Marriages and Defacto Relationships Deaths and Burials New South Wales 1788-1830' ..a complete listing from church & other records in the early colony. Irene Schaffer & Thelma McKay 'Exiled Three Times Over! Profiles of Norfolk Islanders Exiled in Van Diemens Land 1807-1813' James Hugh Donohoe 'Norfolk Island 1788-1813-The People and Their Families' Reg Wright 'Forgotten Generation of Norfolk Island & Van Diemens Land'

Level 54

Phil Hands on 17th August 2017

Thomas was tried and convicted at the Kent Assizes on 31st July 1809 for horse theft, sentenced to hang. This was commuted to transportation for life. He spent time on the Prison hulk 'Retribution', moored at Woolwich, from September 1809 to July 1810. Left England on 18th July 1810. Ship:- the 'Indian' sailed with 200 male convicts on board of which 8 died during the voyage. Arrived on 16th December 1810. Married Sophia East (daughter of convicts John Owen, 'Scarborough' 1788 & Hannah East, 'Mary Ann' 1791) in 1812 at Sydney, they had 6 children between 1813-1825. He obtained his Ticket of Leave in 1814 and obtained an Absolute Pardon for this crime on 31st January 1818. Thomas' son John, born in England in 1807, arrived to be with his father on 9th July 1827 on the 'Harvey'. On 22nd September 1826 Thomas and Sophia were committed for trial for stealing blankets and found guilty on 5th December and were sentenced to 14 years imprisonment on Norfolk Island. Sophia received a pardon in 1827, Thomas received his pardon for this crime on 7th June 1831. Sydney Gazette Wednesday 27th September 1826 p. 3 SEPT 23 - The charges against Thomas Smithers, of George Street, in whose house 44 blankets, the property of government, were found concealed, and who was remanded yesterday for further examination, was this day gone into, and further depositions taken, from which it appeared that Sophia Smithers, the wife of Thomas Smithers, was so far implicated that the Bench ordered Thomas and Sophia Smithers to stand committed to take their trial before the Criminal Court. Sydney Gazette Wednesday 6th December 1826 p. 3 Supreme Criminal Court. Before the Chief Justice. Tuesday, December 5th, 1826. Thomas Smithers, and Sophia his wife, were indicted under the statute, for receiving a quantity of blankets, the property of the Crown, knowing the same to have been stolen.-Guilty. Remanded. Sydney Gazette Sat 30 Dec 1826 p. 3 Thomas Smithers, and Sophia Smithers, his wife, for receiving a quantity of blankets, the property of the Crown, knowing the same to have been stolen. To be severally transported for fourteen years. Motions in arrest of judgment were made in each of the above cases, and over-ruled. On the part of Sophia Smithers, it was strongly urged by Dr. Wardell and Mr. Wentworth, that the intendment of law that she acted under, the coercion of her husband, was in her favour, unless the contrary were shown, which, it was contended, did not appear on the trial ; that the case was not put by His Honor to the Jury with this necessary remark, and therefore they might very fairly be presumed ignorant of that principle of law, and have found her guilty, which probably would not have been the case, had not that omission on the part of His Honor occurred. Objections were also taken generally to the indictment, as against both prisoners, by Mr. Rowe. His HONOR the CHIEF JUSTICE over-ruled the objections taken to the indictment ; with respect to the point urged on the part of Sophia Smithers, His Honor observed that it did not escape his attention on the trial ; that he was of opinion the evidence, as against her, was but slight, and he put the case to the jury with that observation, though they not withstanding found her guilty. As to the circumstance of her being presumed to act under the influence of her husband, it should be remembered that it was distinctly in evidence that he was from home when she received the property ; that when the search was instituted, there was a distinct denial on her part, of any such articles being in the house, and that afterwards they were found in her bedroom. He therefore thought, from all the cir- cumstances of the case, it was too much to say that she had acted under the coercion of her husband, but to leave the facts of 'the case to the jury, with the observation that he deemed it necessary to make, namely, that the evidence as affecting her appeared to him lo be slight. The jury, however, had found her guilty, and it then remained to pass the sentence of the law. If, however, any circumstances in her favour were stated in a proper form, to be laid before the only quarter from which a mitigation could then flow, His Honor would not only have them forwarded, but would add thereto his own opinion that the evidence, as against her, was slight. The Australian (Sydney) Saturday 20th January 1827 p. 3 Thomas Smithers was on Thursday last removed from the Gaol, to the Phoenix Hulk, preparatory to his final removal to a penal settlement. His wife Sophia, died in 1834 and Thomas married again, to a Margaret Donnellan, that same year and again to an Anne Brodie in 1841. Thomas died on 1st March 1856 aged 74.