By the end of the 1830s, the penal settlement of Moreton Bay was winding down operations, and those serving there knew this only too well. There was little chance of being sent to Norfolk Island – even notorious characters were finding themselves fairly respectable work. Constable George Brown, formerly the most flagrant of the Bay’s absconders, was holding a respectable job for the first time in over twenty years.
Logan’s reign of terror was long gone, ships with hundreds of prisoners no longer arrived at the Bay from Sydney Town. The traffic only seemed to go in the other direction. Buildings began to be neglected. And the prisoners could no longer give a continental about their orders, as the increasing number of trials for insolence, insubordination and neglect of duty showed. Some of the more succinct ones are extracted here.
Neglect of Work
10th October 1838. James Owen, Camden and John Madden, Hercules.
Acting Overseer Mitchell sworn duly states he is overseer of gaol gang and yesterday at about 10 o’clock, the Prisoner Owen was keeping the gang idle, with very improper discourse. I checked him for it, when he turned round and said “you bugger, why don’t you speak to the gang as well as me.” He then continued his discourse. With regard to Madden, he was in the rear of the gang when I ordered him to keep up with the other men, when he replied, “to Hell-flames with you and the work, take the hoe and do it yourself.”
Sentence: 50 lashes each.
James Owen had only been at the Bay for two years, following a Colonial conviction for larceny. John Madden was convicted of the same offence at the same Assizes. They travelled up together in the Isabella in 1836. Owen had a year to go. Madden was luckier – he got his passage to Sydney on 26 October 1838.
Insolence and Disrespectful Conduct
11th October 1838. Alexander Dennison or McCabe, florentia.
Barrack Sergeant Lowrie duly sworn states as follows yesterday morning at dark, I gave orders to the prisoner who is my servant to drive the pigs into the yard – he did not do it when ordered so I went to do it myself, I observed the prisoner sneering and laughing at me in a very disrespectful manner. This is not the first time I have had cause to complain of his conduct.
Prisoner denies the charge.
Sentence: 25 lashes.
Alexander Denison of Wicklow graduated from Grand Larceny in the old country to Highway Robbery in the new world. He had a death sentence commuted to 14 years at Moreton Bay. He could have driven the pigs in – but he was only halfway through his time and had probably given up caring.
” To Hell-flames with you and the work, take the hoe and do it yourself.”
John Madden, about to earn himself 50 lashes.
Insubordination
25th October 1838. Michael Whelan, eliza 3.
Mr Spicer Superintendent of Convicts duly sworn states as follows – I was walking in the Government garden this morning, where the Gaol Gang was at work. I overheard the prisoner speaking very loud and making a great noise. He used the word “bloody” repeatedly in addressing himself to Overseer Eagan when he told him to be silent and threatened him with the Court if he would not. He notwithstanding still continued to speak after that, until I came up.
Prisoner denies the charge.
Sentence: 25 lashes.
Michael Whelan was ten years into a fourteen year stretch at this stage. He was transported for sheep stealing in Dublin, and graduated to cattle stealing in Sydney two years later in 1828. Ten years in Moreton Bay, punctuated by five escapes, and he too simply did not care.
Insolence
5th December 1838. bryan Flanagan, marquis Huntley
Mr Sheridan sworn stated this prisoner is my servant. I had occasion to find fault with him for driving away a black boy who I had given permission to sleep in my kitchen. He replied to me in a very insolent manner and said he did not drive away the boy. On my asking whether he knew who he was speaking to, he replied in a little more insolent manner, and said he supposed when he was asked a question, he must give an answer. He afterwards came to my room and questioned the black boy in a loud and improper manner.
Sentence: 25 lashes.
Bryan Flanagan was a new chum at Moreton Bay- he arrived in May 1837, just as it was winding down. He was convicted at Ballarat for Larceny, having been transported in 1827 for stealing clothes in Wicklow.
Neglect of Duty
17th December 1838. John Ford, atlas 2
Corporal Murphy sworn states that he found the prisoner neglecting his duty while on his post as watchman by making a birdcage.
Sentence 25 lashes.
That seems harsh – it’s the most passive neglect of duty you could imagine. He could have looked up occasionally from his birdcage building. John Ford was transported for seven years in 1819, and then received life in double irons for a burglary in Sydney in 1826. He didn’t abscond, never complained or explained.
The last example of insolence is definitely the most flagrant, at least in terms of language. Mr Gallagher had been at Moreton Bay for ten years by this stage, having been convicted first for felony in Dublin in 1826, then for cutting and maiming in Sydney in 1829. He was doing fourteen years, and had passed all of his youth in irons.
Insolence
8th April 1839. John Gallagher, sir godfrey webster.
Overseer Turner sworn states that the prisoner was employed this morning about 2 o’clock in pumping out the cutter George. I told him before leaving off pumping to see that the pump sucked in order that the man relieving him might take the pump over in proper order, upon which the prisoner replied “Suck my arse”.
Sentence: 25 lashes.
Moreton Bay and More 