This John Bailey's family origins were obscure for many years, due to the confusion with the individual of the same name, who was the son of John Bailey snr and Catherine Richards; and who originally had a similar possible calculated birth year of 1812, based on his convict, marriage and death record ages; until this John's 1809 birth and 1817 baptism were discovered.
John Bailey, the convict transported to VDL in 1830 onboard the ship David Lyon, was tried and convicted at the Old Bailey on 18 February 1830, for theft, specifically pickpocketing and "... stealing, on the 15th of February , 1 handkerchief, value 1s., the goods of Thomas Jones, from his person."
The Old Bailey trial details show that he was tried with two other offenders and convicted of the offence.
Second London Jury. - Before Mr. Common Sergeant.
649. JOHN BAILEY , WILLIAM SMITH , and JOHN LAWRENCE were indicted for stealing, on the 15th of February , 1 handkerchief, value 1s., the goods of Thomas Jones , from his person.
THOMAS JONES . On the 15th of February I lost a handkerchief from my coat pocket, about five o'clock - I do not know the street I was in; the officer told me, and I missed it; it was in the officer's hand; I cannot say exactly when I had had it; I saw the prisoners at the time, but I had not seen them before.
CHARLES HERDSFIELD. I was in Abchurch-yard , and saw the three prisoners following the prosecutor; I had watched them from the Poultry - Lawrence and Smith were close behind the prosecutor, and Bailey behind them - I saw the handkerchief pass between Lawrence and Smith, and Bailey took it, and put it into his coat; he turned round into my arms, and I took him - here is the handkerchief, it is marked with the prosecutor's initials - my brother took the other two.
THOMAS HERDSFIELD. I had followed the prisoners with my brother from the Poultry; I did not see the handkerchief taken. (Property produced and sworn to.)
Bailey's Defence. I was going to see my brother, and met these two lads, who asked the way to Cannon-street; I said I would show them; as we were going through the church-yard I parted with them, and picked up this handkerchief.
Smith's Defence. I was going to East Smithfield with some work, and was taken by the side of this gentleman.
BAILEY - GUILTY. Aged 18.
SMITH - GUILTY. Aged 19.
LAWRENCE - GUILTY. Aged 17.
Transported for Fourteen Years. 1
Subsequent VDL convict records show John as being an "Underfootman" aged "20" of "Eagle-street, London." 2
A search of London church registers for the birth or baptism of a John Bailey for the years 1810-12 did not reveal any possible matches. It was not until 2018 that Elizabeth Phillips discovered John's 1809 birth and 1817 baptism along with that of his two older sibling brothers, Thomas and Henry; all sons of Samuel and Ann Bailey of "28 Eagle Street."
Bailey Family Baptisms - 1817
England, Select Births and Christenings, 1538-1975 - [database on-line]. Provo, UT, USA; FHL Film Number: 374357
ST. ANDREW'S, HOLBORN.
The medieval St Andrew's survived the 1666 Great Fire of London, saved by a last minute change in wind direction, but was already in a bad state of repair and so was rebuilt by Christopher Wren anyway. In what is his largest parish church, he rebuilt from the foundations (creating the present crypt) and gave the existing medieval stone tower (the only medieval part to survive) a marble cladding. Its rector from 1713 to 1724 was Henry Sacheverell, who is buried beneath the church's altar. 3
The two convicted John's and William departed the UK on board the convict transport ship David Lyon and arrived in Hobart Town on 18 August 1830.
AUGUST 19.—Arrived the transport-ship David Lyon, 475 tons, Captain Bury, from London the 2nd May, with 217 male prisoners, 3 having died on the passage.— Surgeon Superintendent C. Cammeron, Esq. R. N. — The Guard consists of Captain P. Macpherson, Ensign Steel, 1 serjeant, 38 rank and file, of the 17th Regt., 5 women and 6 children. 4
PRISONER BOYS. — His Excellency the Lieut. Governor has been pleased (upon the recommendation of Mr. Woods, the Principal Superintendent) to adopt an arrangement in respect to the Boys (of whom there are a great number) arrived by the David Lyon, which it is impossible to praise in too high terms. The demoralization certain to follow their being shut up in the Penitentiary, having been brought by Mr. Woods under His Excellency's notice, he was pleased to sanction the assigning of these Boys to Tradesmen and Artizans in the interior, who are to teach them different trades, and to be responsible for their being properly brought up. This is a most excellent arrangement ; one which will necessarily be productive of so many good effects, that we shall devote a portion of our space to it in our next, considering it as we do of the very utmost importance. 5
SEPTEMBER 3, 1830.
Our country friends will perceive with pleasure, that the whole of the prisoners by the David Lyon have been assigned to Settlers up the country. We understand this is so ordered that this additional source of strength to the Island may serve to protect the troubled districts from the attacks of the Aborigines. 6
A list of those persons to whom convicts from the David Lyon were assigned was published on page one of the same issue.
John was first assigned for convict service in the Bothwell district 7 and the convict muster at the end of December 1831 shows John as being assigned to "Mr. F. Sharland" ; who is most likely John Frederic Sharland, son of William Stanley and Ann Sharland, and who was a surgeon and landholder in the Bothwell district. Subsequent musters at the end of 1832, 1833 and 1835 also show John as still being in the assigned service of "Mr F. Sharland." 8
John received notification of his ticket of leave in 1836, at the same time as his employer Sharland was notified that his land grant was to be examined.
Tickets of Leave
...John Bailey, David Lyon...
Notice is hereby given, that the following claims for grants, will be ready for examination by the Commissioners appointed for that purpose, upon or immediately after the 23d day of November next, before which day, any caveat or counter claim, must be entered :
John Sharland, 1139 acres, Guildford parish. 9
John's VDL convict conduct record has a notation that his "Conditional Pardon No 2764 - 1 Jany. 1841 Cancelled" and a subsequent entry of "Conditional Pardon No 553 - 1 July 1842". 10 This first cancelled entry possibly relates to a report in the Courier newspaper of 5 January 1841 -
GOVERNMENT NOTICE. No. 10.
Colonial Secretary's Office, 31st December, 1840.
The Lieutenant-Governor has been pleased to grant the following indulgences for meritorious service in the apprehension of a Bushranger : to John Bailey, per David Lyon, a Conditional Pardon; and Tickets-of-Leave to Thomas Bassett (Henry Porcher,) Charles Quinn (Norfolk,) and Patrick Dolan (Eliza.)
By His Excellency's command,
M. FORSTER. 11
This would appear to be related to a clerical error, with the wrong (similarly named) convict John Bailey, being credited with the capture and the subsequent correction on his convict record.
In the 1842 census for the district of Oatlands, there is an entry for a John Bailey, living in a house owned by Samuel Bailey in the Newick Parish at Five Mile Marsh. The statistics show three single males aged 21-45, all three are of the Anglican religion, one arrived free, one other person who arrived free, and one holding a ticket-of-leave (probably John himself ?). Their occupations are shown as a Shepherd, Farm servant and Domestic servant. 12 &13 Could this be John, his older brother Thomas and his father Samuel ?. At the same census, there is a Thomas Bailey, a free Anglican aged 21-45 with an occupation of agricultural worker; living alone in a log cabin home at "Pleasant Farm" owned by John Page. 14 &15 The following year in 1843, the census for the same houshold now shows three single Anglican males age 21-45 in residence at "Pleasant Farm" in the York parish, one of whom (John himself ?) is in assigned convict service. 16 &17
On 4 October 1843, John, a farm labourer and batchelor and still holding his convict Conditional Pardon, applies for permission to marry Dorothy Ann Woodhead, who arrived as convict #433 per ship Garland Grove in October 1841. 18
John and Dorothy tie the knots of matrimony at St James Church, Jericho on new Years day, 1 January 1844. 19 The witnesses were Thomas Bailey, who is most likely John's oldest brother and Jane Upton who signed with her mark. Dorothy is still under sentence and effectively, provided she is of good behavior, finds a way "out" of the convict system and is in some way, "assigned" to her husband.
The 1842 census of the Oatlands district taken on 1 January, shows there is a Mrs (Jane) Upton residing with three children in a building owned by Patrick Gough on the High street in the Oatlands township. 20 &21
John finally receives his Certificate of Freedom later the same month.
GOVERNMENT NOTICE. No. 30.
Colonial Secretary's Office, 27th Jan., 1844.
The periods for which the under-mentioned persons were transported expiring at the date placed after their respective names, Certificates of their Freedom may be obtained then, or at any subsequent period, upon application at the Office of the Comptroller-General of Convicts, Hobart Town, or at that of a Police Magistrate in the interior:
David Lyon. - John Bailey, 18th February. 22
John and Dorothy would go on to have ten children and raise a large family.
On 2 January 1843, at the next census, there is only one single male Anglican person who had arrived free, a farm servant, aged 21-45 in residence at Five Mile Marsh, although there were usually two other persons who stayed there but were absent on census night. 23 &24
The next census, taken in 1848, reveals John and his new family living in a house, this time owned by John Page. The occupants are most likely John (a married, free Anglican male farmer, aged 21-45); his wife Dorothy (a married free Anglican female, aged 21-45 with no stated occupation); John's older brother Thomas (a single free male farm servant aged 21-45); and John's first two children, Henry and John, born locally in 1846 and 1847 and aged Under 2 and 2-7 respectively. 25 &26
There is a death registration in Oatlands later the same year for a Thomas Bailey, aged 45 who died from disease of the heart, which could be John's older brother. 27 The informant was Elizabeth Jane Page nee WOOD, wife of George Page jnr (1813-1879).
In 1874, John purchased 100 acres of land in the Newick parish, bordering onto George Wilson senior's and his brother John's land grants, for £220 from George Wilson jnr; 28 who had previously purchased the same 100 acres of land in 1869 for £220 10 s, from Thomas Burbury and John Palmer. 29 [Editors Note - this could possibly be John Bailey jnr (1846-1947) ?]
John lived to the ripe old age of eighty-one and passed away at his Nemeh home in Parattah of renal congestion, intestinal obstruction and peretonitis collapse on Sunday 4 October 1891. Again, the informant was John's son Samuel Bailey. 30 John was laid to rest in the Oatland's Old General Cemetery, close to the Page family burial vault.
BAILEY.—On Sunday, October 4, at Newick, near Parattah, John Bailey, suddenly, aged 80 years. The funeral will leave his late residence, at 11 o'clock, on WEDNESDAY, October 7. 31
ESTATE LATE JOHN BAILEY, OF NEMEH, PARATTAH.
It is requested that all persons having Claims against the above estate forward particulars to the Executors addressed -
Leman's Hill, Oatlands.
October 9, 1891. 32
- 1. OB: Trial of John BAILEY, William SMITH and John LAWRENCE
- 2. TAHO: Description list - #1361 John Bailey per David Lyon
- 3. St Andrew, Holborn
- 4. SHIP NEWS - Colonial Times (Hobart, Tas. : 1828 - 1857) 20 August 1830: p2
- 5. TO THE EDITOR OF THE TASMANIAN - The Tasmanian (Hobart Town, Tas. : 1827 - 1839) 27 August 1830: p7
- 6. COLONIAL TIMES - Colonial Times (Hobart, Tas. : 1828 - 1857) 3 September 1830: p3
- 7. TAHO : Conduct record - #1361 John Bailey per David Lyon
- 8. Founders and Survivors Database - John Bailey
- 9. Classified Advertising - The Hobart Town Courier (Tas. : 1827 - 1839) 30 September 1836: p1
- 10. Advertising - Launceston Examiner (Tas. : 1842 - 1899) 9 July 1842: p8 (EVENING)
- 11. GOVERNMENT NOTICE, No. 10 - The Courier (Hobart, Tas. : 1840 - 1859) 5 January 1841: p2
- 12. TAHO: 1842 Census of Oatlands - CEN 1/1/36 - Oatlands p1
- 13. TAHO: 1842 Census of Oatlands - CEN 1/1/36 - Oatlands p2
- 14. TAHO: 1842 Census of Oatlands - CEN 1/1/36 - Oatlands p1
- 15. TAHO: 1842 Census of Oatlands - CEN 1/1/36 - Oatlands p2
- 16. TAHO: 1843 Census of Oatlands - CEN 1/1/72 - Oatlands p1
- 17. TAHO: 1843 Census of Oatlands - CEN 1/1/72 - Oatlands p2
- 18. TAHO: Marriage permissions - CON52/1/2 - Page 21
- 19. TAHO: Marriage registration - RGD 37/1/4 #1502
- 20. TAHO: 1842 Census of Oatlands - CEN 1/1/35 - Oatlands p1
- 21. TAHO: 1842 Census of Oatlands - CEN 1/1/35 - Oatlands p2
- 22. The Gazette - The Courier (Hobart, Tas. : 1840 - 1859) 2 February 1844: p2
- 23. TAHO: 1843 Census of Oatlands - CEN 1/1/72 - Oatlands p1
- 24. TAHO: 1843 Census of Oatlands - CEN 1/1/72 - Oatlands p2
- 25. TAHO: 1848 Census of Oatlands - CEN 1/1/94 - Oatlands p1
- 26. TAHO: 1848 Census of Oatlands - CEN 1/1/94 - Oatlands p2
- 27. TAHO : Death registration - RGD 35/1/19 # 19 - Oatlands
- 28. Land Information System Tasmania (LIST) - Historic Deed Memorial #05/9863 dated 6 Mar 1874
- 29. Land Information System Tasmania (LIST) - Historic Deed Memorial #05/6730 dated 16 Sept 1869
- 30. TAHO : Death registration - RGD 35/1/60 # 615 - Oatlands
- 31. Family Notices - The Mercury (Hobart, Tas. : 1860 - 1954) 5 October 1891: p1
- 32. Advertising - The Mercury (Hobart, Tas. : 1860 - 1954) 10 October 1891: p1