Family Treeof Trudy Mae COWLEY
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This page last updated: 24-Nov-2003 Abodes Baptism Birth Burial Children Death Description Doing the Time Education Freedom Marriage Occupations Siblings Transportation Trials
ChildrenIt has been assumed that Elizabeth ELY is the daughter of James ELY and Elizabeth BOUCHER as no birth or baptism record has been found. Circumstantial evidence indicates this assumption is likely to be correct. James' convict indent for 1844 (CON 17/1) states that his wife Betsey was living in Launceston at the time with their six children. DeathJames died one month after being transferred from Norfolk Island penal settlement. All of that time he spent in the Hobart Town Hospital, having been sent there upon arrival from Norfolk Island. Thus, James died in servitude. DescriptionAt the time of his trial in 1820, James was described as being of 19 or 20 years of age, a farm labourer, standing between 5' 3" and 5' 4½" tall, with dark brown eyes, dark brown or black hair and a dark ruddy complexion, and well behaved. In 1844, he was described as being 5' 5" tall, a farm labourer aged 46 years, Protestant, unable to read or write with a wife and 6 children living at Launceston. He had no distinctive marks. Doing the TimeOn 17 October 1823, James was working as an assigned servant for Mr FRAZIER in the district of Launceston (CON 79/1). After his trial in 1835 when he was sentenced to transportation for 14 years, James was not transported, but was sent to serve on the Launceston chain gang, why is not known. Whilst serving this sentence on the chain gang, James was charged with neglect of work on 22 August 1835 and reprimanded. On 21 September 1836, James absconded from the chain gang and took up with some bushrangers. Thus, on the 20th of June 1838, after having been on the run as a bushranger, James was apprehended, was charged as an accessory to the murder of Samuel DAY, robbing the stores of Joseph SOLOMAN at Evandale, and burglariously entering the dwelling house of Edmund BRYANT Esquire at Kingstone on the 9th of May 1838 and was committed for trial. (Samuel DAY had previously been a Town Constable in the County of Cornwall (Launceston), being appointed on 18 May 1818.) A reward was offered for the arrest of James and his fellow bushrangers on 12 June 1838. This reward was posted in the Hobart Town Courier and Hobart Town Gazette of 15 June 1838: REWARD ONE HUNDRED
SOVEREIGNS AND
Police Department, Hobart Town, Whereas information is now before me, that Benjamin Ball, George Birrell, and John Beard, convicts illegally at large, headed by Thomas Fisher, free by servitude, did lately forcibly enter and rob the dwelling-house of Edmund Bryant, esq. at Ben Lomond, and together with one James Ely (now in custody), did barbarously and feloniously murder one Samuel Day, on or about the 9th inst. at a hut belonging to John Glover, esq. at Mills' Plains near Ben Lomond, the body of the said Samuel Day, being also much burnt:- This is to give notice that I am authorised by His Excellency, the Lieutenant Governor, to offer the reward of One Hundred Sovereigns for the apprehension of either of the above-named offenders; and if the same be performed by a convict, then a Free Pardon, in addition to the above reward.
M. FORSTER Personal descriptions of the bushrangers at large were then given. In summary, Benjamin BALL was a convict transported per Marmion. He was a gun-lock filer, aged 31 years in 1838 and 5' 3" in height. George BIRRELL was a convict transported per Bengal Merchant. He was a calenderer and labourer, aged 28 years in 1838 and 5' 3¼" in height. Thomas FISHER was a freed convict transported per Proteus. He was a pit-sawyer, aged 31 years in 1838 and 5' 4½" in height. John BEARD was a convict transported per William Metcalf. He was a ploughman aged 23 years in 1838 and 5' 8" in height. It is interesting to note that the hut in which Samuel DAY was murdered belonged to John GLOVER, the well-known artist. However, the following notice from the Police Department dated 19 June 1838 was printed in the Hobart Town Gazette on 22 June 1838, one week later. With reference to the Notice from this Department dated the 12th instant, offering a Reward of One Hundred Sovereigns and a Free Pardon for the apprehension of Thomas Fisher (F.S.) per Proteus, and others illegally at large - This is to give notice, that John Fisher 237 per Asia 1, Convict for life, and whose description is hereunto annexed, and NOT Thomas Fisher, per Proteus, Free by Servitude, is the man for whose capture the above Reward will be paid. The description of John FISHER stated he was a butcher by trade, 37 years old, stood 5'9" tall and was a native of the city of Gloucester, England transported per Asia 1. Thus, the police initially posted the reward for the wrong person! The reward notice was amended to read: REWARD ONE HUNDRED
SOVEREIGNS AND
Police Department, Hobart Town, Whereas information is now before me, that BENJAMIN BALL, GEORGE BIRRELL, and JOHN BEARD and JOHN FISHER,Convicts illegally at large, did lately forcibly enter and rob the dwelling-house of Edmund Bryant, esq. at Ben Lomond, and together with one James Ely (now in custody), did barbarously and feloniously murder one Samuel Day, on or about the 9th inst. at a hut belonging to John Glover, esq. at Mills' Plains near Ben Lomond, the body of the said Samuel Day, being also much burnt:- This is to give notice that I am authorised by His Excellency, the Lieutenant Governor, to offer the reward of One Hundred Sovereigns for the apprehension of either of the above-named offenders; and if the same be performed by a convict, then a Free Pardon, in addition to the above reward.
M. FORSTER This reward notice was posted in the Hobart Town Gazette for this and the subsequent six weeks. On 15 July 1838, James' fellow bushrangers were still at large, according to an article in the Hobart Town Courier (p.3): The bushrangers (Fisher and his party) have, we understand, gone from Ben Lomond and the Avoca district and crossed that of Campbell Town to the westward. We mention this to put constables and others on the alert. The rewards offered for their capture are, a free pardon to any prisoner, and 100 sovereigns. Then, on 24 August 1838 (p.671) the Hobart Town Gazette published Government Notice No. 156 dated 22 August 1838 from the Colonial Secretary's Office. It read: The Lieutenant-Governor has directed the publication of the following Rewards and Indulgences which have been granted to the undermentioned men for their meritorious services in connexion with the pursuit and capture of Benjamin Ball and James Ely, two Bushrangers of desperate character, who had been concerned in the murder of Samuel Day, and other outrages. To Henry Agnew, York 1, and David Gow, Manlius, holding Tickets-of-leave, One Hundred Sovereigns, in equal moieties, and a Free Pardon, for the capture of Benjamin Ball.
To the following men for having been instrumental in the pursuit and capture of
James Ely:- Thus, James had been captured after pursuit by eight men, all convicts. However, the other three partners in crime were still at large two and a half years later, at the beginning of 1841, since the following notice from the Police Department, dated 14 December 1840, appeared in the Hobart Town Gazette on 18 December 1840 and every week for the next three months or more. REWARD! Whereas, by Gazette notice, bearing date the 12th day of June 1838, a Reward of One hundred Sovereigns was offered for the apprehension of Benjamin Ball, George Birrell, John Beard, and John Fisher, charged with Felony and Murder; and if the same should be performed by a Convict, then a Free Pardon in addition to the above Reward. And whereas the said George Birrell, John Beard, and John Fisher are still at large, and strong suspicion exists of their having committed divers other Felonies; the attention of the Public is especially directed to the above Reward; and all Constables and others are hereby strictly enjoined to use their utmost endeavours to apprehend the men in question. FreedomAccording to the Hobart Town Gazette of 1 September 1827, James received his Ticket of Leave on 30 August 1827, and was listed as still holding his Ticket of Leave in the Hobart Town Gazette of 26 September 1829. There is no record of further offences by him during the time of his first sentence from 1820 to 1834 when he would have received his Conditional Pardon. He was free by servitude at the time of his arrest for stealing a cow on 14 March 1835, but still holding a Ticket of Leave on 3 January 1833 when he was issued with a pass. Also, in the register of the appropriation of convicts in the north from 1833-1835 (CON 84/1), James is listed as holding a Ticket of Leave. On 21 September 1836 James absconded from the Launceston Chain Gang and took to the bush for one year and nine months before he was apprehended for bushranging under arms in June 1838. He had joined the bushranging gang of John FISHER. When James absconded the following notice was printed in the Hobart Town Gazette on 30 September 1836 (p.989): POLICE OFFICE
September 29 1836 From Chain Gang, Launceston, on the 21st September. 68 James Ely, per Guildford, tried at Essex, 4th March 1820, 14 years, and Launceston Q S 9th July 1835, 14 years, farmer's labourer, native of Bramtree, Essex, height 5ft 3, hair dark brown, eyes dark brown, age 36. Reward 21. MarriageJames ELY married Elizabeth BOUCHER at St John's Church, Launceston on 27 September 1830 by Banns and with the consent of the Government by W H BROWNE, chaplain. James was holding a Ticket of Leave and Elizabeth was still a convict. They were both single and both gave their place of residence as the New River. James and Elizabeth both made their marks (x) as signature on the marriage certificate. Witnesses to the marriage were William WILLY (made his mark x) of the South Esk and Wilson APPLEYARD of Launceston. Elizabeth and James had gained permission to marry from the Government. Their application was received by the police on 19 July 1830 and forwarded to the Secretary on 21 July 1830. Though it is not noted on the record that it was approved, this is likely to be a clerical oversight. Banns for their marriage were published by W H BROWNE on 5, 12 and 19 September 1830. (NS 748/2 No.118) OccupationsAfter receiving his Ticket of Leave, James worked for Mr FRAZIER, most likely on a farm in the South Esk district near Launceston as a farm labourer. On 12 November 1828, 11 February 1829, 13 May 1829, 12 August 1829, 11 November 1829, 6 February 1830 and 12 May 1830, James was issued with a pass to travel to the South Esk. In each case the pass was valid for approximately three months and each successive pass was a renewal of the previous one, the last one being returned on 11 August 1830, a month before his marriage. On 3 January 1833, James was issued with a pass to be returned by 4 August 1833, again for travel to the South Esk, but this time in his own employ, or possibly looking for work. (CON 81/1) TransportationJames was transported three times; the first time, in 1820, from England to Van Diemen's Land per Guildford, the second time, in 1839, from Van Diemen's Land to Norfolk Island, and the third time, in 1844, from Norfolk Island to Van Diemen's Land. His police number was 13035. James was one of 190 male convicts transported per Guildford from Portsmouth to Hobart via Sydney, arriving in Hobart on 28 October 1820. On 26 February 1839, eight months after his trial for bushranging under arms, James was transported to Sydney per Gilmore arriving there on 4 March 1839. At this point, James and the other five prisoners transported with him must have been held at the gaol in Sydney for about 11 weeks prior to transportation to Norfolk Island per Governor Phillip, sailing from Sydney on 22 May 1839. Fourteen prisoners were embarked on this voyage with a guard of 34 soldiers from the 80th regiment. The settlement was under the command of Major ANDERSON at the time (a harsh punisher), but in 1840, Captain Alexander MACONOCHIE, the reformer, took over command of the settlement. (Nicholson, 1977; Nicholson, 1985) Captain MACONOCHIE departed in 1844, discharging 538 prisoners from Norfolk Island to Van Diemen's Land at this time. Since James was transported back to Van Diemen's Land in June 1844, and he had no police history whilst on Norfolk Island, it is likely that he was one of the 538 prisoners discharged. James arrived at Hobart Town on 6 June 1844 with two years' probation left to serve. He was very ill upon arrival and his indent statement was taken from him on board the Lady Franklin before he was landed sick for the hospital. TrialsJames was tried three times, once in Essex, England and twice in Launceston, TAS. James was tried at the Essex Assizes on 4 March 1820 for housebreaking and sentenced to transportation for 14 years. He was aged 19 years. He managed to keep his nose clean until after the expiry of this sentence in 1834. However, on 14 March 1835, when free by servitude, he was convicted of stealing a cow/bullock to the value of £10, the property of Thomas DRYDEN and committed for trial. He was tried at the Launceston Quarter Sessions held on 9 July 1835 and sentenced to 14 years, 4 years of which would be served on the Launceston Chain Gang. A court report in the Cornwall Chronicle of 11 July 1835 gave the following information:
The Quarter Sessions for the trial of free persons commenced on Thursday, before
Peter Archer Mulgrave, Esq, Chairman, and a Military Jury, when the following
cases were disposed of:- Then, on the 20th of June 1838, after having been on the run as a bushranger, James and apprehended, was charged as an accessory to the murder of Samuel DAY, robbing the stores of Joseph SOLOMAN at Evandale, and burglariously entering the dwelling house of Edmund BRYANT Esquire at Kingstone on the 9th of may 1838 and was committed for trial. The Country Police Report for Morven in the Hobart Town Courier of 29 June 1838 (p.4) states: James Ely, one of the five bushrangers and for whose capture a reward of one hundred sovereigns and a free pardon has been offered by the government, was fully committed for trial, on three capital charges, viz. - accessory to the murder of Samuel Day - robbing the stores of Joseph Solomon, on the 21st September, 1837, and with burglary in the dwelling house of E. Bryant Esq., on the 9th June 1838. James was tried at the seventh session of the Launceston Supreme Court for 1838 on 7 July 1838. His was the first trial of thirteen for that session. The charge was "stealing in a dwelling house and putting in bodily fear". The verdict was guilty. He was sentenced to be hanged, however mercy was extended and his sentence was commuted to transportation for life to Norfolk Island. (SC 41/5) The Cornwall Chronicle of 7 July 1838 reported the following about the trial: James Ely, the bushranger, pleaded guilty to the robbery of Mr. Solomon's stores, at Evandale. We learn that this man's conduct admits of some redeeming features, which we trust, for mercies sake, will meet with notice in the proper quarter. Thus, it would seem that mercy was extended to James for some mitigating circumstances. |
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