My first Australian Fogarty - Michael

My great, great grandfather, Michael Fogarty was born in the Parish of Burgess, near Nenagh, Co. Tipperary, Ireland around 1799 the son of James Fogarty (a farmer) and Judith (nee Ryan). It appears that Michael may have been the grandson of Michael Fogarty born c1720 in Ireland. We do not have a record of Michael having siblings (but it is likely he did). He lived in Burgess until was convicted of the crime of Coining at Clare on the 12th March, 1828 and given a life sentence. (His prisoner number was 29/867). It is interesting to note that Burgess is located near Silversmith, a mining area, on the road to Limerick. Maybe he obtained the metal from the nearby mines. He was then transported on the Governor Ready as a convict from Cork, Ireland on the 21st September, 1828.

Michael was 5 feet 7 inches with a ruddy pockpitted complexion, brown hair and dark hazel eyes. It is reported that he ahd a scar on his right eyebrow and anpother on the front part of his right leg.

MICHAEL FOGARTY IN IRELAND

TIPPERARY AROUND 1828

MICHAEL FOGARTY IN AUSTRALIA
Michael arrived at Port Jackson, Sydney, Australia on 16th January, 1829. He was assigned after arrival to a Mr. John Dickson. We do not know what Michael did for John Dickson but it is likley he worked a a labourer in his steam mill.

PRISON WITHOUT BARS - SYDNEY 1829

On the 20 June 1836 Michael lodged an application to bring four (unnamed) of his children from Ireland to Australia. It appears that he beieved his first wife (Judith Ryan) in Ireland was dead by this date.

Also by 1836, Michael was residing in the Goulburn District of NSW. He applied for his Ticket of Leave in October 1836 and was granted Ticket of Leave (No. 37/189) on the 23 February, 1837. He was allowed to remain in the District of Goulburn.

On the 11th February, 1842 (on the recommendation of the Goulburn Bench), Michael was granted a "Ticket of Leave Passport" (No. 42/229 dated 2nd February 1842). It is reported that he was allowed to remain in the service of Mr. J. O'Sullivan of the Lachlan District of NSW. John O'Sullivan lived in Goulburn but had at least three pastoral properties in the Lachlan District. It would appear that afyer 1842 Michael may have worked on one or more of the O'Sullivan properties in the area between the Lachan and Murumbidgee Rivers in south western NSW.

On the 14 March, 1845 Michael wrote to to the NSW Treasurer seeking approval to rent land in Yass, NSW.

Michael was granted a Conditional Pardon on 25 June, 1845.

On the 13 August, 1845 he married Margaret Spencer at Snugs, Boorowa. Witnesses were Michael and Judith O'Brien. The priest was Father Charles Lovat of Yass.

Michael died at Phils Creek, NSW on the 4 October 1866. His death certificate gives his age as 76 years (that would suggest that he was born in 1790). Cause of death was Congestion of the Lungs.

He was interred on the 6 October, 1866 (Priest Patrick Hogan. Witness Robert Gooley). At the time of his death it was reported that he had been in Australia for 38 years. He was survived by his Australian wife Margaret (nee Spencer) and eight living children (five males, 3 females and one child deceased).

Probate was granted on 14 October 1881.

MICHAEL FOGARTY'S CHILDREN:

By unknown Irish wife:
Four children in Ireland.

By Margaret Spencer:
James - Joanna Berry
Bridget - James Slavin
May (Mary)- John Patrick Francis
Michael - Eliza Jane Sheehan
Patrick - Margaret Coves
Phillip - Johanna Berry
Male (Deceased pre 1866)
Johanna - Timothy Berry
John Thomas

My great grandfather was Michael Fogarty the younger who married Eliza Jane Sheehan.

FOGARTY CONVICTS

Preface

For many years I attempted to deduct my Fogarty family history from my Uncle Peter's Family Trees. Historical and geographical information in the Family Tree is scant. As a Historian and Geographer, I would often think about the times and places where my ancestors lived.

I started researching and eventually self-published my research in a small booklet 'From Nenagh to Nowhere' (c) 1994.

Whilst undertaking my research I visited many of the places (both in Ireland and Australia) that my ancestors 'touched'.

Online family tree

I am experimenting with an online family tree

Fogarty.org

Early 19th century Tipperary

Before 1830 in most of Ireland many areas had 'surplus' populations. The population increased 100% between 1770 and 1841. Earning from farming, wages or relief was sufficient only to sustain life (in good times). The condition of many of the rural workers was grave.

Irish rural life was dominated for the peasants by an obsession for securing and hanging on to a piece of land.

Incipient 'warfare' existed between the poor, Catholic, Irish peasant tenants and their richer, protestant, English landlords.


North Tipperary was a predominantly rural area. There was significant rural unrest throughout the region in the period 1750-1850.

"There was a move towards growing grain due to the increasing grain prices brought about by the Napoleonic Wars. These high grain prices were an incentive to conversion to tillage, and to early marriage due to rural prosperity. In 1815, The end of the wars brought a fall in grain prices, and many small farmers were ruined."

Also, the potato crop in Ireland failed in 1825.

The peasants lived on potatoes and if lucky a pig and a little milk.

Is this perchance the fate that befell Michael Fogarty? Could this have been the cause of him being apprehended on a criminal charge?

One defining aspect of early 19th century Tipperary was the Act of Union (with the United Kingdom) in 1800. This led to the formation (by Daniel O'Connell of the Repeal Association. The Association was active in North Tipperary prior to the 1832 general election in Britain. O'Connell has also formed the Catholic Association to agitate for Catholic Emancipation. O'Connell was actively campaigning in the area during the 1820s.

Was Michael politically active? Could this have led him to engage in subversive or illegal acts?

Peasants had to pay an alien church tithes that were collected in a most inefficient and provocative manner. Graziers (larger landowners) were exempt.

Is it little wonder the peasant was, from time to time, driven to resistance and 'crime' as self-protection and to provide for the family?

The Fogarty

The ancestral land of the O'Fogartaigh in Ireland is around Castle Fogarty, Thurles (about 20 miles south-east of Nenagh). The sept of O'Fogarty, in the kingdom of Ormond (an ancient kingdom in the province of Munster), was of sufficient importance to give its name to a large territory, viz. Eliogarty i.e. the southern part of Eile or Ely in the barony of Co. Tipperary.

The name Fogarty is derived from the word fogartach (meaning exiled). The modern Irish word fogartha means outlawed.

Fogarty Crest

Azure, two lions rampant combatant supporting a garb all or, in dexter base a crescent argent, in sinister base a harp, a second stringed of the third.

Motto: "Fleadh agus Failte" meaning "Banquet (or Party) and Welcome"

The Squattocracy

According to the historian Geoffrey Dutton, the squatters of Australia were primarily settlers who used the land for grazing. They rode out across the broad plains of NSW. Those squatters who survived droughts, bushfires, floods, disease, overdrafts and the wrath nof the dispossessed Aboriginals became known as graziers, pastoralists, landowners (even when their land was in fact leased) and, sometimes, squires.

The apportioning of land in NSW was in the beginning at the discretion of the Governor who could make free grants to an emancipated convict or to free settlers on arrival in the colony, or to marines or officers.

Patrick James Fogarty - Enluistment Papers

http://mappingouranzacs.naa.gov.au/list-birth.aspx?birth=Frogmore,%20NSW,%20Australia

http://mappingouranzacs.naa.gov.au/file-view.html?b=3912384&s=B2455&c=FOGARTY

Michael Fogarty (the younger)

Michael Fogarty (the younger) was the fourth son of Michael Fogarty and Margaret Spencer. He was born at Phils Creek on the 9th June 1854 and baptised on the 25th June 1854 by the Rev. P. Magennis.

It appears that Michael left his home at Phils Creek and moved to Frogmore as on the 20 April 1897 (aged 36 years) he married Eliza Jane O'Leary (nee Phillips) of Hovell's Creek at the Catholic Church in Frogmore. The ceremony was performed by the Rev. Fr. Timothy Hanley and witnessed by hMichael's brother James and sister May.

Michael and Eliza Jane had fifteen children (7 boys and 7 girls plus their first, unnamed, who presumably died at birth). It is believed all the children were born at Frogmore.

Children of Michael and Eliza Jane
Unamed
John (Jack) Thomas b. 1881 d. 1970 married Patty Flint (1); Florence Chown (2); Pearl Surridge (3)
Mary Jane b. 1883 married Valentine Neels
Margaret b. 1885 d. 1957 married Alexander Niven
Ellen Ann b. 1888 married James Ward
Eliza Dorcas b. 1890 married Walter Lowe
Michael George b. 1893 d. 1927 Koorawatha
Frederick Joseph b. 1895 d. 1895 Koorawatha
Patrick James b. 1897 married Margaret Gormly
Sarah Catherine b. 1899 married Francis Shepherd
Walter Philip b. 1901 married Eileen Redman
William George b. 1903 d. 1955 Young
Francis Ernest b. 1904 married Ellen Evans
Mary Catherine married Len Reeves
Ellen (Nell) Agnes married Allan McNamara

Later in life, Michael and Eliza Jane moved to Koorawatha where they was living in 1920 when his son Patrick James brought his new wife Margaret (nee Gormly) to live with them for a time.

My grandfather was Patrick James (Paddy) Fogarty who married Margaret Gormly.

Margaret Spencer

1825 Born in Clenalty, Co Tipperary to Philip Spencer, farmer and Mary (nee Keneally.) Grandaughter of Thomas Spencer and Johanna (nee Breen) and of John Keneally and Mary (nee Turner).

1841 Arrived in Australia from Clenalty, Co. Tipperary.

13 AUG 1845 Married Michael Fogarty when aged 20 years (Michael would have been either 45 or 55 years).Children: 5 males, 3 females, 1 male deceased pre 1866.

16 DEC 1886: Signed her will. Mrs Fogarty left 40 acres of land to her son, John Fogarty, together with a selection mortgaged to W Kershaw, a storekeeper at Boorowa. Her will was signed on the 16th December 1886.

Her death occurred on Christmas Eve 1886.

(Probate office: Located at 14754 series 3)

24 DEC 1886 Died in Phils Creek aged 61 years. Cause of death - Natural Causes 21 days. Informant: John Fogarty, son Phils Creek

26 DEC 1886 Interred Borrowa

Probate

14 OCT 1881 Probate was granted.

Copy of Probate:"This day upon Petition administration of the Estates and Effects of Michael Fogarty deceased was granted to Margaret Fogarty, widow of the deceased. Intestate died the 4th day of October 1867 (should be 1866) Goods sworn under 40 pounds.)

(Source NSW Probate Office, Mena House, Macquarie Street, Sydney Vol 6160 series 3)

Married at Boorowa

Marriage Certificate:"No 317 Vol 94 (Register General Dept. Reference 71M2915J)

Michael Fogarty, Roman Catholic and Margaret Spencer, Roman Catholic were married at Snugs, Boorowa, on 13 AUG 1845.

Witnesses were Michael O'Brien and Judith O'Brien Minister was Charles Lovat of Yass.

Land at Yass

14 MAR 1845 Letter to The Hon. C.D Riddle Esq., M.C. Coll. Treasurer, Sydney:Burrawa Co. King

Hon Sir,

I am desirous to rent one section of Crown Land agreeable to Government Regulations, the same to put up to auction in the Township of Yass, on as early a day as possible. The following is the description viz "Bounded on the north side bySection line three miles south of the Cooramingla Creek and on the east and south side by section lines and on the west by the Burrawa rivers."

I have the Hon to be your most Obedient Servant,

Michael Fogarty."

(Source: Archives Authority of New South Wales, SydneyLetters to the Col. Sec re Land. Location : Shelf 2/7859 A - F)

Fogarty Convicts

According to the NSW Convict register there were 18 Fogarty convicts transported to Colony between 1811 and 1840. Fifteen of these were male convicts:

Note: Names and details in red below are from other sources.

Name Ship Year
Margaret Britannia 1798 tried Bristol 07/04/1793
Owen Providence 1811
Mary Kangaroo 1814
John Surry 1816 forwarded to Windsor; assigned William Cox
John Atlas 1816 forwarded to Parramatta; servant to Mrs Hamilton
Michael Pilot 1817 sent to Bathurst
Michael Minerva 1821 forwarded to Bringelly; complained about ill treatment and food shortages on the Minerva (a shoemaker) assigned to Mr Waite living at Browley, S. Forest
Michael Mangles 1822 settled in Maitland
John Brampton 1823 transported to Port Macquarie on the Sally; wife Nessie Corcoran
John Castle Forbes 1824 forwarded to Bathurst
John Rinnelli 1825
Michael Mangles 1826
James Morley 1828
Anne Edward 1829
Michael Governor Ready 1829
Patrick (PJ) Governor Ready 1829 married Mary Thomas; lived in Port Macquarie
Timothy Eliza 1829
Catherine Asia 1830
James Dunvegan Castle 1832
Edward Java 1833
Patrick Earl Grey 1836
Patrick Surry 1836
Patrick Waterloo 1836
Thomas Earl Grey 1836
James Waverley 1839
John Pekoe 1840
Sarah Surry 1840

Stem of the Irish Nation

In his Irish Pedigrees, O'Hart presents the legendary origins of the Irish people, from the Biblical Adam and Eve through the kings of ancient Ireland. Irish tradition holds that every Irish person is descended from the king Milesius who emigrated from Spain in 500 BC, so O'Hart started each of his genealogies with Adam recording Milesius as his 36th descendant:

(1) Adam, his son

(2) Seth, his son

(3) Enos, his son

(4) Cainan, his son

(5) Mahalaleel, his son

(6) Jared, his son

(7) Enoch, his son

(8) Methuselah, his son

(9) Lamech, his son

(10) Noah, his son

(11) Japhet, his son

(12) Magog, his son

(13) Baoth "to whom Scythia came has his lot," his son

(14) Phoeniusa Farsaidh (Fenius Farsa) King of Scythia, his son

(15) Gaodhal (Gathelus), his son

(16) Asruth, his son

(17) Sruth (who fled Egypt to Creta), his son

(18) Heber Scut (returned to Scythia), his son

(19) Beouman, King of Scythia, his son

(20) Ogaman King of Scythia, his son

(21) Tait King of Scythia, his son

(22) Agnon (who fled Scythia by sea with the majority of his people), his son

(23) Lamhfionn (who led his people to Gothia or Getulia, where Carthage was afterwards built), his son

(24) Heber Glunfionn King of Gothia, his son

(25) Agnan Fionn King of Gothia, his son

(26) Febric Glas King of Gothia, his son

(27) Nenuall King of Gothia, his son

(28) Nuadhad King of Gothia, his son

(29) Alladh King of Gothia, his son

(30) Arcadh King of Gothia, his son

(31) Deag King of Gothia, his son

(32) Brath King of Gothia (who left Gothia with a large band of his people and settled in Galicia, Spain), his son

(33) Breoghan King of Galicia, Andalusia, Murcia, Castile, and Portugal, his son

(34) Bile King of Galicia, Andalusia, Murcia, Castile, and Portugal, and his son

(35) Galamh (also known as Milesius of Spain) King of Galicia, Andalusia, Murcia, Castile, and Portugal.

According to O'Hart's account, Milesius had four sons, Heber, Ir, Heremon, and Amergin, who were involved, along with their uncle Ithe, in the invasion of ancient Ireland; Milesius, himself, had died during the planning. Because Amergin died during the invasion, he died without issue. It is from the four other invaders--Heber, Ir, Heremon, and Ithe--that the Irish are alleged to descend. These. according to O'Hart, are the four lines from which all true Irish descend:

Phils Creek

Conditional Pardon

Conditional Pardons (CP) freed convicts and were granted on the condition that convicts did not return to England or Ireland. Original copies of the pardons were sent to England and duplicates remained in Australia. Copies were also given to convicts as a proof of pardon. Conditional Pardon records give date, name, where and when tried, sentence, ship and date of arrival. Later records may also give master, native place, trade or calling, offence, sentence, year of birth and a physical description. Copies of butts of Conditional Pardons (1824-1827) and Conditional Pardons registered by the Colonial Secretary (1826-1870) are available. An alphabetical register of pardons (1828-1862) is on microfilm as well as a register of Colonial Pardons from 1788 to 1867.

The information on the reverse side of Michael Fogarty's pardon is as follows"

Description Standing Number ………….. 29/89
Name..……………………….Michael Fogarty
Ship…………………………..Governor Ready
Master………………………..Young
Year…………………………..1829
Native Place…………………..Tipperary
Trade or Calling………………Farm Labourer
Offence………………………..Coining
Year of Birth…………………..1799
Height………………………….5 feet 7 inches
Complexion……………………Ruddy pockpitted
Hair…………………………….Brown
Eyes…………………………….Dark Hazel
General Remarks……………….Scar on right eyebrow, Scar front part right leg.

I Certify, that her Majesty's Gracious approbation and allowance of the above CONDITIONAL PARDON, granted to Michael Fogarty has been signified to me, by the Right Honourable the Secretary for State for the Colonies, in his Dispatch No 20, dated 11 February 1844.

Given under my Hand, at Government House, Sydney, this Twenty fifth Day of June, One thousand, eight hundred and forty five

(Signed Geo. Gipps

Entered upon Record at Pages 25 and 26 Register No. 15 this Twenty third Day of July One thousand eight hundred and forty four.
(Source - a) Register of Pardons Number 15 Page 25 & 26b) Archive Authority of New South Wales, Sydney Reel 781 Conditional Pardon of Michael Fogarty

John O'Sullivan

John O'Sulivan was the manager of the first bank to operate in Goulburn, the Commecial Banking Company of Sydney's bank which opened in Goulburn in 1837. O'Sullivan continued as manager until the bank's closure on 31 March, 1844. The closure was brought about by a depression suffered by all banks from around 1842.

Records indicate that John O'Sullivan resided in Goulburn. In addition he held 'despasturing' licences at Breakfast Creek, Kangarooby and Lachlan River in the Lachlan District, beyond the 19 Counties. The Lachlan District was located between the Lachlan and Murrumbidgee Rivers.

The term ‘depasturing’ refers to the consumption of the produce of land (grass) as pasture or to graze on the land.

People who leased land beyond the Nineteen Counties. There was some unauthorised occupation of Crown land from the earliest days of the colony. Governor Darling created an area known as the 'limits of location' — creating two areas within the colony by a Government order on 5 September 1826. Settlers were only allowed to take up land within the ‘limits’. A further Government order on 14 October 1829 increased this area of approved settlement to include an area called the Nineteen Counties.

John O'Sullivan was what was known as a SQUATTOR.

Ticket of Leave Passport

Ticket of Leave Passports allowed convicts holding tickets of leave to travel between certain points, visit a certain place or to attend the city markets for a specified period of time.

Ticket of Leave

A Ticket of Leave (TOL) was a document given to convicts when granting them freedom to work and live within a given district of the colony before their sentence expired or they were pardoned. TOL convicts could hire themselves out or be self-employed. They could also acquire property. Church attendance was compulsory, as was appearing before a Magistrate when required. Permission was needed before moving to another district and 'passports' were issued to those convicts whose work required regular travel between districts. Convicts applied through their masters to the Bench Magistrates for a TOL and needed to have served a stipulated portion of their sentence:

- 7 year terms needed 4 years service with 1, or 5 years with 2 masters
- 14 years needed 6 years with 1, 8 years with 2 or 12 years with 3 masters
- Lifers needed 8 years with 1, 10 years with 2 or 12 years with 3 masters

TOL documents record the convict's number, name, ship, year of arrival, the master of the ship, native place, trade or calling, offence, place and date of trial, sentence, year of birth, physical description, the district the prisoner was allocated to, the granting Bench, the date of issue, and further remarks about Conditional Pardons and district changes. Registers of Tickets of Leave 1824 to 1827 (with index) are included in the SAONSW Genealogical Research Kit. Records of applications for replacement tickets and records of passport tickets for convicts moving between districts from 1835 to 1869 were also kept and are held by the SAONSW.