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Great work Merlin I am so grateful you have solved my dilemma, it all makes sense with the record of their journey to Australia together Thank you so much and also to to Neale and Dundee for their input also
Judy

Thank you Sparratt, I now feel I can claim Benjamin and his death in Maitland Gaol as correct. How he got on the Donald McKay ship and why will have to remain a mystery.

In regards to the 2 sons, joseph and Benjamin,  I have a Baptism for Joseph 4 Dec 1844 in Dudley with Phoebe as mother - FHL fim no 1470598.
A birth index for Benjamin from free BMD  1844 - vol 18 page 559. Both sons are on the 1851and 1861 Census with parents Benjamin and Phoebe.

Than you and others for the help
Judy
 

Benjamin Bowater was born 1820 in Dudley, Worcestershire, England, parents Benjamin Bowater and Hannah (nee Pitt)
Married 1844 in Sedgley, Stafford to Phoebe Rhodes b: 1824.They had nine children, not all surviving to adulthood
They are on the 1851 and 1861census records, Benjamin listed as a"Miner"1871  census Phoebe is listed as a Widow.
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I have records for allof the above, the next record I have for a Benjamin Bowater is the NSW Gaol discriptiom and Entrance Books, this record states - Arrival 9th October 1862 on ship "Donald McKay, Birth year 1820, age 42, "A Dangerous Lunatic"

Newspaper - found in Trove on 24th October 1862.

 - Today, sadly another death occurred in Maitland Gaol. A man named Benjamin Bowater in a fit of depression cut his own throat on the 19th of October. He was takento Hospitaland was progressing favourably and was returned to Maitland Gaol.

My quetion to you is -  1.Why was he on the ship Donald McKay,  2, was he a Convict or a free man)
The Donald McKay to my knowldge was not a convict ship. 3.Where was he buried.
If anyone can help me clear up this mystery I would be very grateful.

Judy

Josiah Glew was born in Rogate, Sussex in 1828, son of joseph Glew and Hannah Hersay, an only child.
His father Joseph was a convict transported to Australia on ship Hougley in 1834, his mother died 1835

Josiah ends up in the Union Workhouse on 1841Census.

1847 He enlisted with the British Army (70th Foot)  his record states his conduct was very bad and he was eventually discharged.

He had several criminal convictions and jail time, under the name of John Brown (alias Josiah Glew) for  stealing,  cutting and wounding etc.
 I don't think he married

I have an 1862 Western Australia  Convict record for John Brown alias Josiah Glew. He seems to have disappeared from here, could this be my Josiah?

If someone could help me understand the records i have i would be very grateful

Jean / Jane Martin her parents were Daniel Martin and Elizabeth Roxburgh.
I doubt that one you gave me is correct
Thank you all the same, all input helps

I am leaning to the poor house record  in my original post, however it is a poor House record only and has no parents listed. I am not a member of Scotland’s people
 Judy