Hi Ruskie, below is an account from some research one of my cousins has done, I am not sure how he obtained this information, but I hope it may well help in your research.
I Found a copy of Henry appearing before court in 1834 and being found not guilty but I could not decipher the writing to see what he had been accused of.
I am sorry that I cannot verify with appropriate sources a lot of information, but from other family members research, Ellen's parents and place of birth was listed as John and Jane Ryan in Tipperary.
I think my brother in law may have some records, but he is away on holidays at the moment.
A few years ago I went to Chiltern and they had quite a lot of information at their historical centre.
From my cousins research;
Jack Dunn's account of Henry O'Brien, Kilkeedy, Convict (reprinted from "The Irish Link" magazine, November 1998) is a most interesting one. O'Brien was born in the parish of Patrickswell in 1802, and, while still a teenager, married a local girl, Mary Welsh. They had three children, all girls, born between 1821 and 1825. In 1827 Henry O'Brien was sentenced to transportation for life for breaking into a house and stealing a piece of cloth. By today's standards that would be considered an utterly outrageous sentence for such a crime.
Henry O'Brien's brother, William O'Brien, who was a police informer, wrote a formal memorial to the Lord Lieutenant, appealing to him to allow his brother to serve his sentence in Ireland rather than that he be transported to Australia for life. William O'Brien pointed out how diligently he himself had served the Crown, and concluded by saying that he was leaving his plea "into your humane and favourable consideration". But it was all to no affect; the Lord Lieutenant refused the request and Henry O'Brien was transported for life.
On January 2, 1830 Henry O'Brien petitioned the Governor for permission to bring his wife and family out to Australia. Attached to the letter were excellent references vouching for his good conduct from the local magistrate, the local police superintendent, and also his, O'Brien's, employer. There is no evidence that Henry's wife and children ever came to Australia, and all efforts to discover what happened to them in Ireland have been unsuccessful.
NSW Census 1841
O'Brien Henry, Leahy Col., deceased 245 Mount Keara, District Illawarra [4/1243B] 489 2508
In 1843 Henry was refused permission to marry Ann Murray (single) by the Catholic chaplain on the grounds that he already had a wife in Ireland. However, two years later he married an Ellen O'Brien, the marriage taking place in a Catholic church. No permission was asked this time, and they had altered their ages to show that each was 24 years. From this marriage there were nine children. The O'Briens were now farmers. Henry died in 1857; his second wife, described as "proud, confident, honest, hardworking, a person of strength and character", died in 1887.
Henry was imprisoned on a hulk at Cove County Cork until he was transfered to the Convict Ship Eliza II (1) which set sail from Cork on the 19 July 1827 after 112 days at sea the Eliza ll arrived in Sydney 8 November 1827.
On arrival Henry was assigned to Tristram Moore, a humane and generous protestant from County Derry who had also been a "lifer" ( Tristram Moore arrived on the ship Atlas ll, 30 October 1802) but now pardoned and turned farmer.
Info on Ellen O'Brien
Ellen O'Brien emigrated first to England from Tipperary, Ireland, then as part of the "Bounty Scheme" she emigrated from London aged 18 per "David Scott" arriving in Sydney 25 October 1834. On arrival Ellen was employed as a dairywoman by Mr William Fairlie Gilmore. In 1836 Ellen marrried farmer Henry O'Brien, a ticket of leave holder. they had nine children.
Shortly after Henry's death Ellen moved to Chiltern along with her five surviving children where she continued her occupation as a dairywoman. Ellen died in Chiltern, at the residence of her son-in-law, William Crisfield, on 27 April 1887.
Cheers
Catsbell
