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John Whaley

John Whaley, one of 200 convicts transported on the Ann, August 1809

Name, Aliases & Gender

Name: John Whaley
Aliases: Howell (alias)
Gender: m

Birth, Occupation & Death

Date of Birth: 1790
Occupation: Basketmaker
Date of Death: -
Age: -

Life Span

Life span

Male median life span was 51 years*

* Median life span based on contributions

Conviction & Transportation

Sentence Severity

Sentence Severity

Sentenced to Life

Crime: Escaping from transportation
Convicted at: Midddlesex Gaol Delivery
Sentence term: Life
Ship: Ann or Anne
Departure date: August, 1809
Arrival date: 27th February, 1810
Place of arrival New South Wales
Passenger manifest Travelled with 199 other convicts


Primary source: England Wales Criminal Registers (Old Bailey)
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 Project.

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Community Contributions

D Wong on 25th January, 2014 wrote:

19/2/1806: John Whaley was tried for Grand Larceny for stealing a cheese, value 5s., the property of William Hudson - transportation for 7 years, 17 years old.

26/11/1808: He was sent to Woolwich in 1807 but was found at large in the Kingdom before the expiration of the term for which he was ordered to be transported.  Sentenced to death but recommended to his Majesty’s mercy by the jury. Aged 18.

Colonial Secretary Papers:
WHALEY, John. Per “Anne”, 1810; constable

1813 Nov 6: Alias Howell. Received conditional pardon; to be struck off the victualling list (Reel 6002; 4/3491 p.590)

1818 Sep 10: Constable in the Cowpastures. On list of persons to receive grants of land in 1818 (Fiche 3266; 9/2652 p.49)

1820 Aug 9: Constable at Stoney Creek. Re his discovery of a fine tract of country to the westward where he had seen large herds of wild cattle; appears as James Whalley (Reel 6049; 4/1745 pp.125-6)

1821 Mar 19: Re investigation of the driving, by John Alford, of cattle through the Cowpastures without passports (Reel 6016; 4/5781 p.20)

1821 Aug 10,25: Ordered to assist in the removal of Edward Smith Hall’s cattle from John Oxley’s property at the Wingecarribee River (Reel 6034, 9/2743 p.211; Reel 6016, 4/5781 pp.31, 41)

1822 Jan 19: On return of horned cattle issued from the Government Herds between 22 Aug 1819 & 27 Dec 1823; for services in reclaiming wild cattle (Reel 6031; 4/7028B p.26); three cows issued to Whaley from Government stock for reclaiming wild cattle at Cowpastures (Reel 6033; X827 p.35)

1822 Aug 22: To be removed as a Constable from Bargo to the Cowpasture District; appears as Wayley (Reel 6039; 4/424 p.103)

1822 c.Sep: One of the constables petitioning for replacement of slop clothing stolen from the Government Cart (Reel 6056; 4/1763 pp.173-4, 177)

1823 Oct 26: With the resignation of Joseph West as constable at Cawdor, there was no constable in the neighbourhood as Constable Whaley was almost constantly in Argyleshire (Reel 6058; 4/1769 p.135)

1823 Nov 2,4: Former constable at Bargo. Recommended to be allowed to reside at the Bargo station & be appointed Pound Keeper (Reel 6059; 4/1773 pp.50-1)

1823 Nov 12: To be removed as Constable from the Cowpastures into the District of Bargo (Reel 6039; 4/424 p.196)

1824 Oct 19: To be victualled from the Stores at Liverpool for six months (Reel 6013; 4/3512 p.578)

1825 Jul 1: Constable at Bargo. On return of constables of the County of Camden (Fiche 3302; 4/7419.1 p.8)

1825 Aug 1: Evidence in proceedings against Alexander Still for selling spirits without a licence (Reel 6064; 4/1787 pp.59-60)

28/8/1827: Holding a CP, to be dismissed as District Constable - Sutton Forest

17/10/1827: Became Poundkeeper at Bong Bong.

11/2/1840: Living at Bungendore
3/3/1849: A Storekeeper at Bungendore when lightning struck his house.

There is a death for John Whaley in 1858, aged 50 (this John Whaley would have been 68), found no other death date, also no marriage or children confirmed.

Robin Sharkey on 12th August, 2015 wrote:

John Whaley set up house with Mary, nee Hoy who had married in April 1819 to Edward Doyle. Probably John Whaley and Mary Doyle were together by at least March 1824.

Mary Doyle’s husband Edward Doyle had taken action against her with the Bench of Magistrates at Minto, although she was then a free woman, - see his notice in the Sydney Gazette of Thursday 1 April 1824, page 1 where he also stated that his wife Mary Doyle alias Murphy had “for a long time past” “acted most improperly” and that he refused to pay her debts.

Mary was originally Mary Hoy arriving per the ArchDuke Charles in 1813. She arrived with a baby daughter, Mary Murphy, who was aged 15 in the 1828 Census,  the child of Bryan Murphy, a convict on the same ship. Together Mary Hoy and Bryan Murphy had another three children up to 1819 although they never married but she was known as Murphy, as were her children.  Mary Hoy’s 1819marriage to the much older, and from all accounts, “bad character”, Ned Doyle was baffling.

However Ned Doyle got a land grant at Myrtle Creek in 1821 and built a house and cleared some of the land; the newly created family was victualled from the stores in 1822.  He also ran his house as an “accommodation house” for travellers (History of Tahmoor House) since his land fronted the main road heading south to Bargo and north to Picton. John Whaley, constable at Bargo, would have had ample opportunity to meet Mary.

In 1825 Mary and John Whaley had a child together.
BIRTH 13 August 1825 of THOMAS to John Whaley and Mary Doyle, abode Bong Bong.
Baptism 20 September 1827 by Thomas Hassall. Registration at St Paul’s Church, Narellan.

1825 Muster - Mary and John are living together at Bargo. The new baby Thomas is not listed

1828 Census - John Whaley aged 38 originally per Anne” in 1810, CP, given Life. Protestant. Farmer at Camden.
Mary aged 40 is called “Whaley” ,living with John Whaley. She is FS and is Protestant.
Their 3 year old son Thomas Whaley is not listed.
Two of Mary’s Murphy children are listed - Mary aged 15 and Henry aged 10, as servants for John Whaley.  Anne aged 14 and John aged 9 are not listed with the Whaleys.

Move to Bungendore
In 1832 Mary’s second daughter Ann Murphy married Thomas Hyland who had been farming his father’s land grant near Bungendore since the mid 1820’s.  It is likely that the Whaley family had moved to Bungendore even by 1832, explaining how Ann (aged 18) got to meet Hyland. 
The whole family may have moved to Bungendore because the eldest daughter had moved away in 1829 on marrying Owen Bowen of Molonglo River,  24 km (15 miles) past Bungendore.

On 15 August 1839 John Whaley applied for a depasturing Licence at The Little Tinderas, his residence being Molonglo Plains. Refernce:  SRNSW:  Depasturing Licences - Licence 0264, Copy 5068 Item [4/92] Series NRS 14363

1840 , 10 October applied to buy allotments 1, 20 and 18 in the village of Bungendore and got them in December for £10 per acre.

1840 -Received an ABSOLUTE Pardon.
His native place was said to be Maidstone on Trent, in England.

John Whaley’s Pardon noted several tattoos:
“M + C”, two anchors
“MH” on lower left arm.  (Probably for Mary Hoy)
Dots on back of left hand
Sprig M. H.  T inside calf of left leg.
He had a large nose and had lost four front upper teeth by the date of that document.

Convict Changes History

Bill Turnbull on 25th January, 2014 made the following changes:

convicted at, source: England Wales Criminal Registers (Old Bailey) (prev. Australian Joint Copying Project. Microfilm Roll 87, Class and Piece Number HO11/1, Page Number 428), alias1: Howell (alias) (prev. Howell (Alias)), date of death: 1788 (prev. 0000

D Wong on 25th January, 2014 made the following changes:

date of birth: 1790 (prev. 0000), date of death: 0000 (prev. 1788)

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