John O'Hara and Mary Jones - Our Second and Third Fleet Ancestors

O'Hara grants of 1799 and 1831 in the Prospect Parish Map.

This is page one of the Old Bailey trial.

Mary Jones

Mary Jones was born on the 3rd of November, 1766 in Tyberton, Herefordshire to Sarah Jones and William Jones. This is the date of the baptism. However in 1831 she gives her date of birth as 1762. Tyberton is a little village to the west of the city of Hereford, England (near the Welsh border), sometimes spelt Tiberton or Tibberton.

Tyberton, St Mary's Church by Johnathan Billinger. Johnathan had wrote: "Standing beside the B4352 the church building looks plain from the outside, but is a Georgian gem inside."

Jones, Mary, Baptism, 1766. In the [Parish registers of Tiberton, LDS reel 1594327].

In July, 1790, Mary is a servant to mistress Catherine Brydges at Tyberton Court, the house of her brother Frances William Thomas Brydges (former high sheriff of Herefordshire)and his new wife Anne.

This is a painting of Francis William Thomas Brydges (c.1751–1794), High Sheriff of Herefordshire. From the Herfordshire Archive and Records Centre. #FranciesWilliamThomasBrydges

Apparently, Mary Jones and Ann Tomkins were servants at Tyberton Court, assuming that their mistress Catherine Brydges (unmarried, age unknown, possibly late 30s or early 40s) was living there. Tyberton Court is the house that her brother Francis William Thomas Brydges had inherited from their mother, so presumably he and his new wife Anne were there as well. Francis William Thomas Brydges had a few years earlier been high sheriff of the entire county of Herefordshire. So it was pretty audacious (foolish) of the two women to make off with the clothes, and forty gold sovereigns. Perhaps he used his influence to prevent them from hanging, as it was a very serious crime for those times, with mandatory death sentence for theft of goods worth 40 shillings.

Mary Jones's Conviction

Mary and another servant, Ann Tomkins were found guilty of the theft on the 29th of July, 1790, with force and arms of several items, and 40 gold guineas from their employer, Catherine Brydges. Found guilty, they were sentenced to be hanged, commuted to transportation for life.

A newspaper report of the trial states 'The female servants for robbing their mistress would certainly have suffered death, had not the prosecutor, and other respectable persons, humanely testified their former good conduct and honesty.' This is recorded in the Hereford Journal, 4 August 1790. #HerefordJournal

Mary Jones travelled on the third fleet ship, the 'Mary Ann' which included 138 female convicts and five children, via Saint Iago, and arrived in Sydney on the 16th of July, 1791.

Arrival in the Colony

There were nine deaths, however the women were 'loud in their praise' of the ship's master, Mark Munroe, when they landed in Sydney. #MaryAnnConvictShip

The Third Fleet Indent.

John O'Hara's Conviction

John O' Hara/O'Harra was born in 1776. He was convicted of theft and found guilty. He was then transported for seven years. He was transferred in May 1789 from Newgate to the Dunkirk hulk in Plymouth Harbour. The ship departed in December. #Dunkirkhulk

Arrival in the Colony

In June 1790, John arrived. The Neptune was probably the worst of all convict ships to Australia. The mortality rate was 40%.

This is a list of the convicts on the 'Neptune'. O'Hara is on the second page of this list. #TheNeptuneConvictShip

John is then employed at Thomas Devaney's Farm.

This illustration shows the convict settlement on the left and Daveney's Farm on the right in 1792-3.

A visual depiction of a wattle and daub hut, that may have looked similar to the one Mary is probably living in with John at Toongabbie in August, 1792, The hut is likely to be near where John worked at Thomas Daveney's farm, when their son James is born. Sydney Living Museum's titles this visual depiction as 'Wattle and daub hut (detail from Panoramic views of Port Jackson, c.1821). R. Havell & Son, engravers: after Major James Taylor'.

By the end of 1792, 700 acres were cleared at Toongabbie; over 500 planted with maize, seventeen with wheat, and fourteen with barley. However two years later, in 1794 the colony still relied on imported food. Thomas Daveney wrote to a friend in England:'on the 8th of March, at eleven o'clock in themorning, the last ounce of animal food then in store was actually issued to all ranks and descriptions of people alike, and nothing but absolute famine stared us in the face; the labour of the convicts was remitted, and everyone seemed to despond, when, in the evening of the same day, the William arrived from London, and a ship from Bengal, loaded with provisions of every kind'.

Governor Phillip was pleased with superindentent Thomas Daveney's work at Toongabbie and in October 1792 wrote to London for permission to grant to Daveney 'a greater quantity of land than he is empowered to grant to the non-commissioned officers, and some of the land to be cleared for him at the public expense'. Phillip left soon after writing the letter, and Major Grose became Lieutenant-Governor at the end of December. He appointed John Macarthur director of public works at Parramatta and Toongabbie. A second superintendent Andrew Hume was appointed in 1793 to the expanding Toongabbie area.

In 1794 Thomas Daveney received his land grant of 100 acres. He wrote: 'At present everything bears the appearance of plenty, there being about 2,000 acres of wheat. I am now a farmer in my own right, having a grant of 100 acres of fine land well watered and in good cultivation. I have 100 head of fine goats, and am hopeful by Christmas to have both [sic] horses, cows and sheep... I have this season returned to His Majesty's stores 1514 bushels of Indian corn at 5s. per bushel, and have now upwards of 1000 bushels on the farm, in order to pay for men's labour in building a dwelling house, barns, out-houses, etc. I have likewise purchased a farm called Egleton's containing sixty acres of land, felled and cleared, for which I paid sixty guineas and am going to sow the whole with millet. Upwards of 4,000 acres of land being cleared, thunder and lightning are by no means as violent as before. There are nearly 300 convicts whose term of transportation is expired, and who live by their labour. I have six of these men employed on my farm at taskwork, who earn from 18s. to a guinea per week, so that no settler is at loss for men to perform his work... Goats thrive better than sheep here and fetch seven to ten pounds each.'

However the following year Daveney was dismissed from his position as superintendent. No reason has been found for this, so it is not known whether his dismissal was for wrong doing or a clash with the volatile John Macarthur. It may have been a disagreement about his land being cleared at public expense. The positive outlook in the previous year's letter was now replaced by despondency, as Daveney went on a drinking binge. As it happens, judge-advocate Collins became involved as a witness to Daveney's plight. Collins writes: 'his conduct was represented to the lieutenant-governor in such a light, that he dismissed him from his situation, and he retired to a farm which he had at Toongabbie. He had been always addicted to the use of spirituous liquors; but be now applied himself more closely to them, to drown the recollection of his disgrace. In this vice he continued until the 3rd of May last, on which day he came to Sydney in a state of insanity. He went to the house of a friend in the town, determined, it seemed, to destroy himself; for he there drank, unknown to the people of the house, as fast as he could swallow, nearly half a gallon of Cape brandy. He fell directly upon the floor of the room he was in (which happened to be of brick) where the people, thinking nothing worse than intoxication had ailed him, suffered him to lie for ten or twelve hours; in consequence he was seized with a violent inflammation which broke out on the arm, and that part of the body which lay next to the ground; to this, after suppuration had taken place, and several operations had been performed to remove the pus, a mortification succeeded, and at last carried him off on the 3rd of July. A few hours before his death he requested to see the judge-advocate [Collins], to whom he declared, that it had been told him that he had been suspected of having improperly and tyrannically abused the confidence which he had enjoyed under Governor Phillip; but that he could safely declare as he was shortly to appear the last tribunal, that nothing lay on his conscience which would make the last moments in this life painful.'

After he died, Daveney's 'flock of goats, consisting of eighty-six males and females, [was] sold by public auction for three hundred and fifty-seven pounds fifteen shillings'. Collins writes that Daveney's widow Catherine 'had for several years been deranged in her intellects'. However, Catherine continued to run the farm after her husband's death, and four years later Collins gave her as a example of a successful Parramatta farmer in 1799, with fifty acres in wheat and twenty-three in maize.

His son James was born on the 2nd of October, 1792 in Seven Hills, New South Wales.

In 1795, Mary's father William passes away on the 8th of September, in Herfordshire, at the age of 62.

~ Marriage ~

John O’Harra, aged 31 and ‘resident of Prospect Hill’ was married to Mary Jones on the 23rd of January, 1797, by Samuel Marsden by Banns at Saint John's Church, Parramatta. Mary was 30 years old. John marked with a cross, and Mary signed. The witnesses were Catherine Daveney and Robert Collett, who are both land holders.

John O'Hara is possibly working at Catherine Daveney's farm. Catherine (nee Hounsom) is the widow of Thomas Daveney. She had appeared at the same Old Bailey session as John O'Hara, and was one of the witnesses at John O'Hara and Mary Jones's wedding.

1799 Land Grant

O'Hara, 1799 and Daveney's, 1794 land grants in the Prospect Parish Map. #landgrant

O'Hara land grants in the Prospect Parish Map. #landgrant

Residence

On the 1st of August, 1791, a 60 acre land granted by Governor Hunter at 'Toongabbie', 'bounded on the NE side by Martin Farm' is the only description [Old system grant 2-289]. (Owen Martin had a 30 acre grant in 'Toongabbie' 1 May 1797, no description apart from 'Martin Farm' [ 2-23].

The land was in 'Toongabbie' but later referred to as being in Seven Hills. it is west of the present-day intersection of Old Windsor Road and Seven Hills Road (south of 'Pearce Reserve', Kings Langley). Most of portion 167, Prospect parish map

In 1800, he had 19 acres sown with wheat, 7 acres about to be planted with maize, and 10 hogs. He was receiving ‘no stock or slops [clothing] or tools’ from the Government. However, with no income from the farm as yet, his wife and child were still relying on government stores.

In 1802, he is in the possession of one gun. Also by this time, 30 acres of land had been cleared, (most of this was planted with wheat and maize), and there was plenty of wheat and maize in store. He employed two free men and one convict, and was no longer on government stores.

Development of the Farm

By August 1806, the entire 60 acres of land is in production: 34 acres of maize, 20 acres of wheat, 2 acres of barley, 0.75 acre of peas and beans, 0.5 acre of potatoes, 2 acres of orchard and garden, and 0.75 acre of pasture. Stock included 28 female goats.

Promisory Note

This is from John O'Hara to Daniel Mc Leese (mcLease) 7.6.12 pounds payable? in 2 months [old registers book 4, p14 entry 1430].

In December 1806, there is an advertisement in The Sydney Gazette Lost by Richard Parsons, Government Gardener at Castle Hill, drawn by Patrick Brannan, settler at Seven Hills, in favor of John Brannan, £8 in copper coin, if rendered to John O'Harra, will be liberally requitted. #TheSydneyGazette

Petition and supporting Governor Bligh in the New Year's Address

In a local land holder's petition to Govenor Bligh in 1806, 244 settlers of the Hawkesbury and adjacent areas, asking for a civil rather than Military justice system, a stable currency, freedom of trade, and complaining of 'the Infringement made on our Rights, Privileges and Liberties by John McArthur '. In January, 1808, several hundred of the ‘Free and Principal Proprietors of landed property’ signed a new year’s address of support for the Governor for 1808. Signatories included John O’Hara and his son James, who was now 15. However, Macarthur's Rum Rebellion is on 26th. #GovernorBligh

Absconder

George Gilbert, a stockman to Mr O’Hara, who accused him of robbery, has 'taken to the woods': 5 ft 4 in high, fair hair, is somewhat round-shouldered, and stoops in walking. He wore a straw hat, blue jacket, and nankeen trousers. This is in March, 1809.

'Gloria in Excelsis Deo IHS Sacred To the Memory of MR JOHN O'HARRA

Mary's husband John O'Hara died on the 27th of September, 1809. They had been married for 12 years. Mary and her son, James, who is by this time, 17 years old, are now running the farm. John's grave is in Saint John's Cemetery, Parramatta. (next to the grave of Thomas and Catherine Daveney's son, Thomas, an infant who had died December 1791). In a 1950 transcription of ledger stone of grave: 'Gloria in Excelsis Deo IHS Sacred To the Memory of MR JOHN O'HARRA who departed this life September the 27th 1809 Aged 43 '. There was also 4 lines of verse (which had worn away) ending with 'rise'.

John O'Hara is next to the grave of Thomas and Catherine Daveney's son, Thomas, an infant who had died December 1791. St John's Cemetery, Parramatta.

St John's Cemetery Layout, inside the entrance the cemetery.

Thomas Daveney Junior grave, next to John O'Hara's.

Absolute Pardon

In 1812, Mary is now free, with no restrictions as she is given an absolute pardon. #absolutepardon

Mary O'Hara's marriage to Michael O'Brien

The pair become married on the 14th of June, 1815, when Mary is 48 years old. Michael O'Brien & Mary O'Hara (nee Jones, widow of John O'Hara). Witnesses Thos Wheeler, G K Nicholls, Ann Carver. They married at Castlereagh Church which is near Michael Brien's farm at the Nepean. He starts using the surname O'Brien from about this time.

He is Michael 'Bryan' in the Atlas I's muster roll and in records in NSW up to his marriage in 1815, when he adopted the name Michael 'O'Brien', which is the name used in most records until his death. Michael 'Breen' is the name in the court record ('Crown Book') of the trial at Queens County Spring Assizes in 1801 - this was ascertained with some difficulty in 1836, when it was shown that the original court record had a sentence of 7 years, but by the time it had been copied into the ship's muster roll, it had changed to 'Life'. This must have been devastating news for Micheal Bryan when he staggered off the Atlas I, one of the worst convict ships to come to NSW.

Land Grant

Michael O'Brien recieves a Land Grant at Seven Hills in 1818. Por 63, Gidley parish, 40 acres, recommended by William Cox. In 1823, having sent memorials to the Governor in 1820 and 1822 asking for a grant of land, a Ticket of Occupation was issued to him for 500 acres at Castle Hill [SRNSW Colonial Secretary fiche 3051 4/1831 p278]

He had also bought 35 acre 'Wheelers Farm' at Castlereagh near the Nepean River, in 1812, also 5 cows & a chestnut gelding named ‘Taffey’. He is paying for it in installments to Thomas Wheeler who was also on the 'Atlas' 1 ('Thomas Whelan' in the ship's muster roll). [LTO Old Register, Book5]

Residence

In 1828, at Michael O'Brien's property: Michael O'Brien 50; Mary O'Brien 60; John O'Hara 18; Mary O'Hara 14; Michael Cantwell 51 'settler' (Michael O'Brien's brother-in-law). Employees John McCarty 60 FS; John Still 40 TL; John Eaton 39 GS. Michael O'Brien signed. He had 35 acres of his 500 acre farm 'Sheep Yard Hill' at Castle Hill cleared, 30 acres of which were cultivated. He and his wife Mary lived at his Seven Hills property where all 40 acres were used for farming. He had 11 horses and 120 head of cattle. Michael Cantwell had 30 acres at Seven Hills and 50 acres at Castle Hill.

O'Hara and O'Brien Family, 1828.

An introduction to the Wild Colonial Boy

Jack Donohoe and his accomplices William Webber and John Walmsley appear at the sliprail at the back of the house and offer the women materials (from the MacQuade robbery and already hidden on their land) in exchange for hide-out and provisions. The month is August, and the year is 1830. #JackDonohue #WilliamWebber #JohnWalmsley

Jack Donohue shot dead

He is shot dead by mounted police near Bringelly. Webber and Walmsley escape. 2 or 3 weeks later they return to the house and introduce themselves to Michael O'Brien. They will hide-out there a few times including Xmas Eve to January 3. [Depositions, Supreme Court SRNSW T149 No 56]

Jack Donohue from the National Library of Australia. Donohoe was the first of the 'charismatic' bushrangers. The newspapers reported his daring exploits and escapes. This drawing of his body was by the Surveyor-General Sir Thomas Mitchell.

On the 17th of January, 1831, the women are arrested at the farm. Several items are taken by the police, and they notice grand-daughter Mary O'Hara's leghorn straw bonnet. There is a description of each member of the family arrested. Mary is 5ft, slight build, ruddy complexion, grey eyes, grey hair. [2 pages of Gaol Description and Entrance Books, 1818-1930). This can be seen below.

Gaol Description Book, 1831.

The description and entrance books of Sydney Gaol and Phoenix Hulk tell us more about Michael O'Brien: born 1779 in the townland of 'Clanana' (probably Clonenagh), Queens County, five feet four and a half inches, slight make, ruddy complexion, grey hair, grey or hazel eyes, cataract in right eye.

Mary, her husband Michael O'Brien, grandchildren John, James and Mary, and Mary Ann O'Hara the wife of her grandson James are admitted to the Gaol. She and the young Mary Ann(who was pregnant) were given bail (7th Mar, 13th April).

Shamrock Lodge

On 13 October 1831 his 500 acres 'Shamrock Lodge' at Castle Hill was sold by order of the Supreme Court to David Maziere to recover a debt owed by O'Brien in a civil suit. However on 19 October, because of a mistake by the bureaucracy, the land was officially granted to O'Brien. Later he will try to get the land back after he returns from imprisonment at Norfolk Island.

Trial and Sentence

Roger Therry was counsel for the defence. Her granddaughter Mary's bonnet is crucial evidence. They are found guilty. She and Mary Ann join the others in gaol. Michael O'Brien's brother in law Michael Cantwell found not guilty. The 3 women (Mary O'Brien, g'dau Mary O'Hara, and Mary Ann O'Hara, wife of g'son James) to Moreton Bay. The 3 men (Michael O'Brien, and Mary's g'sons James and John O'Hara), to Norfolk Island. The sentence is 14 years transporation.

The newspaper report of the sale of their farms records the 3 Seven Hills properties: O'Brien's 40 acres; O'Hara's 60 acres; and Cantwell's 30 acres, 'who were tried for receiving stolen property from Walmsley and Webber', 'were to be sold on the 2nd July, in Paramatta'.

Arrival at Moreton Bay

On the 'Governor Phillip'. Mary O’Brien, Mary and Mary Ann O’Hara are noted in the register as having the trade ‘farm servant’. They are sent to the Female Factory.Two days later she is admitted to the Brisbane Hospital suffering ‘anasarca’ (generalised oedema) possibly a symptom of heart failure. She was treated with squill for fourteen days and discharged on 12th October. #MoretonBay

Sydney Gazette Reports Walmsley is sent to Tasmania on the 4th of Feb, 1832

"The feeling against [him]; from the conviction of the O'Hara family, &c. was so strong, especially among the natives, that [his life] would have been endangered by remaining in this colony." #Walmsley

January, 1838 - Recommendation for her release

Commandant Cottee wrote to Governor Gipps recommending a mitigation of sentence, induced by her 'excellent character'. The date of approval is unknown.

She left Moreton Bay on the 'Isabella' on the 28th of April and joins her son James at his property in 'Dural' - actually 'Little Dural', the name of Kenthurst at this time.

Death of grandson John O'Hara

Her grandson drowned when he was washed off a rock while angling on the 4th of July, 1838.

Pardoned

James O’Hara sailed from Norfolk Island with ten other prisoners on the Governor Phillip on November 21st. In May, 1839, Mary and Mary Ann O'Hara were pardoned. Meanwhile, Michael O'Brien is back in Sydney but he is still a prisoner, at the Woolloomooloo Stockade, building the new Darlinghurst Gaol. His wife Mary (who had been transported to Moreton Bay in 1831 and had a mitigation of sentence in 1838) is now with her son James O'Hara at 'Little Dural' (Kenthurst) and she writes a petition to Governor Gipps. Michael O'Brien himself writes one in 1841, but there is no answer from the Governor as there is no recommendation from anyone. #NorfolkIsland

Residence

At her son James O'Hara senior's property: Mary O’Brien, her grandson James O’Hara junior and his son Thomas William O’Hara; Her granddaughter Mary O’Hara and her children George Kennedy and Ann Fowler.

Michael O'Brien is free

Michael returns and will be busy in the courts trying to get title to the 500 acres at Castle Hill which he has farmed since 1823, and was granted to him in Oct 1831. This is in a Letter, David Maziere, in Col Sec Letters re Land SRNSW Reel 1157 2/7917.

Mary's Death

Mary lived three years after her husband returned and died in January, 1845 at the age of 78. She had been married to Michael O'Brien for 29 years. She died possibly at her son's property at Little Dural. Or, Michael Cantwell had died in 1839 and Michael O’Brien inherited his land at Dural, so she may have been living there. Burial register has abode 'Dural'. She is buried in the R C Burials in the parish of Parramatta, by N J Coffey (presumably the burial was at the RC Cemetery at Parramatta) '75 years', abode Dural, 'Native born' (this is obviously wrong) - farmers wife.