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Research in Other Countries => Australia => Topic started by: dhj on Thursday 01 September 16 16:55 BST (UK)

Title: Help with how Pardons work please?
Post by: dhj on Thursday 01 September 16 16:55 BST (UK)
Hi, hopefully somebody could help explain this please? My ancestor, Mary Wall arrived in VDL in 1832. She married another convict, William Hawkins in 1835. I looked her up on Female Convicts and she is shown as recommended for conditional pardon in 1843, approved in 1843 and Pardoned in 1845.
Looking through the newspaper archives for 1843 she is shown as Mary Wall - Hydery (and not Mary Hawkins) but I have now discovered an article which states that a Mary Wall got 6 months labour in the Factory? for larceny. This lady has the word (free) after her name. Is this likely to be my Mary Wall? Is there anyone on here who could perhaps explain how the pardon system worked? And why was she conditionally pardoned in 1843 and (proper) pardoned in 1845?

Any help would be most useful

Many thanks
Title: Re: Help with how Pardons work please?
Post by: Neil Todd on Thursday 01 September 16 21:01 BST (UK)
Well if yours, Mary WALL b1799 sentenced to life "for ARSON" at Somerset Assizes in 1832 was transported on the "Hydery" Departed 2nd April 1832 and arrived 10th August 1832 in Van Diemans Land / Tasmania. She died age 64 8th June 1863.

If she was in receipt of a Conditional Pardon then this is a form of Probation to be of good character for a term before a full pardon is issued. Normally a Conditional Pardon would be travel restrictive, in other words not free to travel around or leave the area. After a Full Pardon she could leave Tasmania, and travel to other Colonies such as Victoria or NSW, but not GO HOME to England.

Neil
Title: Re: Help with how Pardons work please?
Post by: dhj on Thursday 01 September 16 21:56 BST (UK)
Yes, that's her. That's very interesting thanks. Was it the norm to still refer to her as her previous name, despite remarrying?

Many thanks
Title: Re: Help with how Pardons work please?
Post by: Neil Todd on Thursday 01 September 16 22:53 BST (UK)
As a form of identifying the right person, her Maiden name or the name convicted under was the normal way of Identifying Prisoners, this was used as well as the ship transported under.

Mary Jones could be one of four prisoners sentenced and transported say in 1831. But possibly not on the same ship. Mary could marry a Mr Thompson as could another Mary Jones, but again not on the same ship in 1831. If that makes sense ::) ???

Neil
Title: Re: Help with how Pardons work please?
Post by: Billyblue on Thursday 01 September 16 22:54 BST (UK)
For convicts, yes.  It was probably so they could keep track of them once 'free'   :P  :P  :P

My Billy Blue's wife was Elizabeth Williams and I have never seen her in any documentation of their time, referred to as Elizabeth Blue. And I know they were actually married as I have a copy of their marriage certificate (1805).

Dawn M
Title: Re: Help with how Pardons work please?
Post by: Neil Todd on Thursday 01 September 16 23:14 BST (UK)
So your Elizabeth was only ever called Elizabeth Williams? What about on her DC?

Neil
Title: Re: Help with how Pardons work please?
Post by: Dundee on Friday 02 September 16 02:28 BST (UK)
I looked her up on Female Convicts and she is shown as recommended for conditional pardon in 1843, approved in 1843 and Pardoned in 1845.

Looking at her record it just says "Conditional Pardon No. 781 5 Oct 1843", and normally if that is the recommendation date it will say so with the Pardon date then added.  However on looking at the register of Pardons it states:

Date of Pardon: 5 Oct 1843
To whom issued: Herself
When issued: 1 Nov 1843
When sent to Colonial Secretary: 16 March 1844
Approved by the Queen: 10 March 1845

http://search.archives.tas.gov.au/ImageViewer/image_viewer.htm?CON40-1-9,374,325,F,60


If she was in receipt of a Conditional Pardon then this is a form of Probation to be of good character for a term before a full pardon is issued. Normally a Conditional Pardon would be travel restrictive, in other words not free to travel around or leave the area. After a Full Pardon she could leave Tasmania, and travel to other Colonies such as Victoria or NSW, but not GO HOME to England.

Neil

Not quite right.  Perhaps you are thinking of a Ticket of Leave. ;D

The two pardons were not linked.  'Conditional' was on the condition that they did not return to England or Ireland.  Other than that they were now free and could go wherever in the Australian colonies and do whatever they wanted.  A full pardon allowed them to also return home legally. 

Some explanations here

http://members.iinet.net.au/~perthdps/convicts/res-11.html

..... I have now discovered an article which states that a Mary Wall got 6 months labour in the Factory? for larceny. This lady has the word (free) after her name.

There were a number of women by that name in Tasmania so no, I wouldn't just assume it was her.

Debra  :)
Title: Re: Help with how Pardons work please?
Post by: dhj on Friday 02 September 16 07:43 BST (UK)
This great stuff. Many many thanks to all. One other element I have been searching for information on is that she was at government house at Hobart (presumably as a servant) but was 'sent to the interior' at a later date. Could somebody help to explain what that means please?

Many thanks again
Title: Re: Help with how Pardons work please?
Post by: majm on Friday 02 September 16 07:46 BST (UK)
"sent to the interior"  is sent to a location within that same colony, where that location is within the interior of that colony....  interior in that sense is the rural areas outside of the townships. (so sent to the interior indicates they were not assigned to someone located within Hobart Town). 

There have been threads on this.

JM
Title: Re: Help with how Pardons work please?
Post by: dhj on Friday 02 September 16 07:48 BST (UK)
Oops sorry, got carried away in the excitement. I'll look them up.

Thanks again
Title: Re: Help with how Pardons work please?
Post by: majm on Friday 02 September 16 07:54 BST (UK)
Have a read through this thread:

http://www.rootschat.com/forum/index.php?topic=711386.0

JM
Title: Re: Help with how Pardons work please?
Post by: matthewj64 on Friday 02 September 16 08:54 BST (UK)
The Female Convicts Research Centre has very good information on Mary Wall. Their database aims to bring together all available info. You need to join up (free) to access the database and it takes a fair few clicks to get in, but very useful once there (not all female convicts yet entered, its a work in progress)

http://www.femaleconvicts.org.au/index.php

It shows Mary in the 1835 & 1841 musters as assigned to "J. Hone esq", this could well have been Joseph Hone

http://adb.anu.edu.au/biography/hone-joseph-2195

M :)

Title: Re: Help with how Pardons work please?
Post by: dhj on Friday 02 September 16 08:56 BST (UK)
That's great. Many thanks again.