Hi all, I have recently found gg-grandfather was not a free settler as we have been told all our lives, but in fact a convict - he wasn't found until a few weeks ago as he had changed his name. His convict records and newspaper accounts say he and another were sentenced to death for breaking into a house and stealing a hat, but this was later changed to 7 years' transportation. I have taken this to be the truth, but my brother insists that the English courts, in an effort to get rid of as many prisoners as possible, would downgrade the charge to something more lenient (ie - stole a hat) so they could transport the young and the strong to build the new country. I've always known that the healthy, strong men with a trade would almost be automatically sentenced to transportation, but I've never heard that charges were downgraded in order to do so. Has anyone else heard of this theory? I am taking the high moral ground that the law could do whatever it liked at the time, and would have no need to fiddle with the charges; I would really like to win at least one argument with the kid brother, so if anyone can fill me in on whether the courts did in fact convict on a lesser charge or not I would greatly appreciate it. Cheers Trish Nowra NSW

Hi Trish, My ancestor was also given a death sentence for larceny (he stole 50 sovereigns), however that was overturned and he was given 21 years transportation instead. Interesting that your gggrandfather only got 7 years when death was the original sentence, I find that a little odd for stealing just a hat. I doubt they would have downgraded the charge, however the seven years appears to be very lenient after the first sentence of death. Another of my ancestors was given seven years transportation for stealing bedclothes. I also believe that the system did send anyone they could to Australia because there own penal system was overflowing at the time. However there appears to be an anomaly between the stealing of a hat and getting the death sentence - perhaps there is a mix up there? Do you have papers about his trial etc? Cheers Janine.

What is your convicts name? Kerry ----- Original Message ----- From: "janine h" <jhinton@westnet.com.au> To: <aus-convicts@rootsweb.com> Sent: Monday, July 14, 2008 4:14 PM Subject: Re: [AUS-CON] Truth in sentencing? > Hi Trish, > > My ancestor was also given a death sentence for larceny (he stole 50 > sovereigns), however that was overturned and he was given 21 years > transportation instead. Interesting that your gggrandfather only got 7 > years when death was the original sentence, I find that a little odd for > stealing just a hat. I doubt they would have downgraded the charge, > however > the seven years appears to be very lenient after the first sentence of > death. Another of my ancestors was given seven years transportation for > stealing bedclothes. > > I also believe that the system did send anyone they could to Australia > because there own penal system was overflowing at the time. > > However there appears to be an anomaly between the stealing of a hat and > getting the death sentence - perhaps there is a mix up there? Do you have > papers about his trial etc? > > Cheers > Janine. > > > > ------------------------------- > To unsubscribe from the list, please send an email to > AUS-CONVICTS-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message

Hi All, Just to put in my own two pennorth's worth....................To add some more credence to Trish's story......... My husbands's GGGGrandfather was always said to be a free settler. All the family believed this for 150 years. On further research, he turned out to be a criminal in England and within a year of his arrival in NSW he had changed his name . He was convicted on many accounts and was sentenced to transportation. However, he must have been a *good boy* and was set free from Portland Prison on a conditional pardon(having been in Wakefield Prison at least in 1851.) He married in Sheffield in 1854 and came to Aus. in 1858. Different name, different country but the same wife he married in England. Took upon himself the surname of his wife. No-one will believe me either, so I have to write it up with all references (which I have.) Carolyn. ----- Original Message ----- From: "tsymonds" <psym8950@bigpond.net.au> To: <aus-convicts@rootsweb.com> Sent: Monday, July 14, 2008 12:20 PM Subject: [AUS-CON] Truth in sentencing? > > Hi all, > > I have recently found gg-grandfather was not a free settler as we have > been > told all our lives, but in fact a convict - he wasn't found until a few > weeks ago as he had changed his name. His convict records and newspaper > accounts say he and another were sentenced to death for breaking into a > house and stealing a hat, but this was later changed to 7 years' > transportation. > > I have taken this to be the truth, but my brother insists that the English > courts, in an effort to get rid of as many prisoners as possible, would > downgrade the charge to something more lenient (ie - stole a hat) so they > could transport the young and the strong to build the new country. > > I've always known that the healthy, strong men with a trade would almost > be > automatically sentenced to transportation, but I've never heard that > charges > were downgraded in order to do so. Has anyone else heard of this theory? > I > am taking the high moral ground that the law could do whatever it liked at > the time, and would have no need to fiddle with the charges; I would > really > like to win at least one argument with the kid brother, so if anyone can > fill me in on whether the courts did in fact convict on a lesser charge or > not I would greatly appreciate it. > > Cheers > Trish > Nowra NSW > > > ------------------------------- > To unsubscribe from the list, please send an email to > AUS-CONVICTS-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message >