WILLIAM BENNETT - Convict or not?

[Megan Hodges]

Good morning everyone, This will be longwinded and your assistance will be much appreciated.  I am trying to prove that my 2 x gt grandfather William Bennett, b c1814 in Essex England m 1856 d 1904 was indeed a convict.  I was told that he was by a cousin of mine, however after reading the obituary that appeared in the Catholic Weekly I am having my doubts.  There is no evidence of his parents names on either his marriage certificate to Harriett Manser nor on his death certificate.   
The story, in a nutshell, goes that he was from a well to do family and that when he was up before the magistrate the family disowned him.  They either wrote a letter or sent someone out after him to let him know that he had come into money but he wanted nothing to do with it.  Maybe it is true.  On his DC it states that he had been in the colony for approx. 68 years which makes it 1836 there is a William Bennett arriving per Bengal Merchant (2) in 1835 who was born in Essex tried in Kent in 1834.
His Obit follows: Mr. William Bennett.  (I know I have the correct obit as I am desc. Through Robert Owens and my dad met both the Farrells and Connolly’s mentioned below.)
One of the best known figures in Balmain, .Mr. William Bennett, passed away at his residence, 'Beulah,' Donnelly-street, Bal-main, on Tuesday, 16 ult., at the age of 89. He was one of the pioneers of the Bal-main district. He was a devout parishioner of St. Augustine's, and was highly esteemed on account of his charity, honesty of character and genial disposition. Notwithstanding his great age, he retained the possession of his faculties until a short time before his death, and received the last Sacraments before he died. The remains were consigned to their last resting place in the Field of Mars Cemetery the day following, when, in the presence of a large number of sorrowing relatives and friends, Rev. Father Menard, S.M., recited the last prayers. Mr. Ben-nett leaves two sons (Messrs. William and George Bennett) and three daughters (Mesdames Robert Owens, Patrick Farrell and Harry Connolly) to mourn their loss. The funeral arrangements were in the hands of Mr. W. N. Bull. - R.I. P.

[majm]

Hi,

The 1856 marriage for William to Harriet ...  Is it referenced at the NSW BDM online index as #936?   If so, then the clergy should have recorded additional details in the local parish register, and hopefully the register is extant.

Here's a thread I did up about the elusive blanks on many NSW BDM official marriage records after civil registration commenced.   

http://www.rootschat.com/forum/index.php?topic=546609.0

Re the Obit.  While there's no mention of any convict 'taint' the details in the obit are either submitted from a family member, or written up by someone who asked questions of the family at the time of William's death, in 1904.  Considering transporting convicts to NSW effectively ceased in 1840, it is quite possible that no one knew or wanted to make known any convict connections IF he had been transported to NSW.

Re the 1856 marriage ... did William sign, and if so, have you considered searching for earlier records for signature comparsion?   

Have you checked for birth registrations for the couple's children and if so, what info is recorded about William (age, place of birth, occupation etc)...  Does it conflict with or support info gleaned from convict records?

JM

[majm]

NSW Electoral Roll 1902-3 DALLEY polling at Balmain
Harriett BENNETT, 33 Donnelly Street, old age pensioner
William BENNETT, 33 Donnelly Steeet, old age pensioner
Joseph Richard YOUNGER, 29 Stephen Street, master mariner

Sands Sydney Suburban Directory 1900
BALMAIN
33 Donnelly St, Joseph YOUNGER.


JM

[Megan Hodges]

Thanks JM for all you information I will check out the marriage cert again and thanks for the Sands I've been trying to get to that for a couple of days.

[Ruskie]

Have you tried to follow the movements of William Bennett the convict? There can be some good clues in convict records.

I agree with JM that his family may not have known of his past, and if they did there was no need to mention it in any documentation (or his obit).

If the convict is yours, arriving around 1835, a marriage in 1856 is quite a long time after arrival. Is there an age given at marriage?

Convict William had a few tattoos I see. 

William Bennett is probably a common name. Have you looked for "regular" immigration records for men of the right age and county of birth? It may be that your cousin got it wrong thinking that convict William is yours. I think the best bet would be to chase up the marriage as JM advised and hope that parent's names are noted.

Just looking briefly at convict records, there is another William Bennett transported to Hobart in 1821. I don't know his age, but he could have eventually moved to NSW.

[Megan Hodges]

Age given at marriage by son in law was 41 or 42 which ties in nicely so maybe what the rumours are correct.  I live in hope.  I am just looking at convict documents now.

[Ruskie]

Age given at marriage by son in law was 41 or 42 which ties in nicely so maybe what the rumours are correct.  I live in hope.  I am just looking at convict documents now.

How old did William say he was when he married?  (Son in law may or may not have known his correct age). 

Do you have any records telling you where your William was from? Is the convict record the only place that indicates Essex - tried Kent?

[Megan Hodges]

Hi Ruskie,
William stated that he was 35 at time of marriage to Harriett who was only 21, maybe didn't want to be seen as 20 years older than her.  They both made their mark, he also stated that his father was a labourer and that he was from England.  No parent names were given by him.  transcription states that birthplace/age & parent details were from the church register so can't go looking there for any more info.

Essex is mentioned on both the convict records and death certificate.
Megan

[judb]

Firstly, it's actually very uncommon for there to be mention of convict origins in later documentations and records.  It is only in the last few years that it has been 'fashionable' to have a convict ancestor.

There is an on-line public tree for William BENNETT which seems well researched and has plenty of documentation. I think you have contributed to this tree.
  Oops - I see it is your tree! 

I've listed a few salient points which are backed up by documentation, and apologies for posting items you already have.

William BENNETT was convicted of larceny at Rochester (Kent) Easter sessions, 1834 and sentenced to 7 years transportation.

William BENNETT, 20, stealing 4 canvas sails, convicted Rochester, received on prison hulk Fortitude, moored Chatham, 15 April 1834, sent to NSW Sept 1834

NSW Convict Indents 1835:
William BENNETT, 20, cannot read or write, Protestant, single, native place: Essex, gravel-digger, crime: stealing sails, no former conviction, 5ft 6 1/4, ruddy complexion, brown eyes, brown hair.  He has some tattoos which would identify him, including a tombstone and CW  WB,  Arrived per Bengal Merchant 30 Jan 1835

Certificates of Freedom
William BENNETT, certificate dated 31 August 1842, particulars match those already cited. His tattoos are mentioned again as Tombstone, WB, IO, a star and two anchors.  Does this suggest he was a seaman??

1847 Gaol Entrance and description book, to Newcastle Gaol
William BENNETT, 35, arr 1835 per Beng'l Merchant
Date of Admission/Photo:   1848
Gaol:   Newcastle New South Wales, Australia
Record Type:   Description Book
This chap's description mentions tattos of a mermaid, WB, HR and two anchors

Returns of Convicts Returns of prisoners tried and convicted in Courts of Quarter Sessions, 1846-1848 - unfortunately the actual record is not dated.
William BENNETT, tried Maitland Court, fined 40s, default 2 months in Maitland Gaol for obscene language.

There is also a strange record filed under
Convicts Records, New South Wales
Title:   Colonial Certification of Freedom, 1847-1849
Volume Number:   4/6571
which states that William BENNETT, boatman, ship Bengal Merchant arrived 1835, was tried at Maitland Quarter Sessions, 12 April 1847 for robbery and sentenced to 3 years in irons' Received from Darlinghurst Gaol, 12 February 1848. 

There is a transcript from NSW BMDs for his marriage to Harriett MANSER on this tree with no parent names given for him and his age is given as 35.  I think it worth pursuing JM's suggestion.

William B. Bennett, 1861
Member of Balmain Lodge, Balmain-New South Wales
Lodge Number   1170
Folio Number   198

Funeral notices from his wife, children and STAR OF HOPE Division No 14 Sons and Daughters
of Temperance.
http://trove.nla.gov.au/newspaper/article/14655944

William BENNETT who was convicted at Rochester and transported per Bengal Merchant seems to have had recognisable tattoos which are also described for the man who was convicted in Maitland in 1848.  If this convict is your 2g grandfather he must have changed considerably by the time he married Harriett in Cooks River and by the time of his death "was highly esteemed on account of his charity, honesty of character and genial disposition".  Could be the same man - or not! 

Judith