LAURENCE KELLY (c.1799-1876)

13 Mar. 1845 He was tried at Co. Kilkenny and sentenced to 7 years’ transportation for writing a threatening letter to his landlady, Mrs. Mary Fitzgerald, who in 1850 leased a house, offices and land on 133 acres at Mallardstown from the Earl of Courtown. Walter Kelly was listed as a tithe defaulter from Mallardstown in 1831. There were 547 inhabitants of Mallardstown (two miles east of Callan) in 1837.

18 Apr. 1845 The Judge’s notes from the trial: “Indictment under the White Boy Act Laurence Kelly Threatening Notices served on Mary Fitzgerald. Mary Fitzgerald: Lives at Mallards town near Callan. Prisoner was once a tenant of 13 or 14 acres. Cuddihy prisoner’s brother-in-law also a tenant for 13 or 14 acres. About a year ago Cuddihy was put out. Last August about five in the morning received two threatening notices from St. George her servant – he appeared frightened – identifies the notices – gave them to Mr Frant police officer 15 or 16 days after got another paper from same servant about nine o’clock as she was going out to the farm – does not know the handwriting – found another paper at the farm – identifies it, gave it also to the Police. The prisoner has a most excellent character a most honest upright man. The last man in the community who would have been supposed to commit such an offence. Edward St. George: Was in Mrs. Fitzgerald’s service in August last about 9 o’clock as he was going to sleep in a new house in the farm next to Cuddihy on opening the door two letters dropped down at the sill of the door. They were never out of witness’s sight till he gave them to her next morning at Callan at five o’clock.12 days after, there was a letter inserted in a slit of oak: he gave it to his mistress. The letter was enclosed in a paper that he left in the same field that his mistress found a letter in, after going there. Mistress cannot read or write. As long as witness has known prisoner, good character. John Ryan was in service with Mrs. Fitzgerald 15 years. Knows the handwriting so far as his name & has seen that often. Can form opinion generally as to the handwriting of the notice in question. Looks at them severally and in his opinion they are the prisoner’s hand writing. Francis Ryan his brother held said land. One […] was tenant on another part of the land. Prisoner’s character always very good. Last November 12 months saw him write his name also a year before that for the last 15 years did not see him write anything but his name. Mr. Thomas Frant. Police: 9 of August last received these two papers confirms opinion of hand writing, has seen it before. It was handed to witness from Holmes the policeman. Prisoner admitted that was his handwriting and witness thinks that this notice or letter is the same handwriting – quite confident of it found the pieces of paper produced in home of prisoner, in a copy book. Prisoner handed it to witness. The blank paper was inside it different from the copy book and the other paper in it. The three papers – the Envelope are here produced. Mrs. Fitzgerald found this piece. The piece so found in the book is this. The remainder is that from which this envelope was taken. See it. This is the paper witness received from Mrs. Fitzgerald. These three formed originally one sheet of paper. Witness had no doubt of it. Eight months before threatening notices. Seven months before house prostrated. Three months after shots fired. These are White Boy offences. In the neighbourhood to show country in a state of disturbance. I hold this with the nature of the offence itself. Sufficient evidence of White Boy disturbance. Samuel Holmes Constable: 19 August last searched Cuddihy’s house found letter signed by Kelly. Edward Pennyfeather.”

A letter written by Edward Pennyfeather, the judge who presided at the trial recommending imprisonment in Ireland rather than transportation: “Sir, For his Excellency’s information I transmit herewith a copy of my notes on the trial of Laurence Kelly, tried, and convicted before me, at the last assizes for the County of Kilkenny for serving threatening notices on Mrs. Mary Fitzgerald against the Provision of the White Boy Act, & sentenced by me to Transportation for a Term of seven years. In the progress of the trial some difficulty occurred in bringing home to the Prisoner the notices that were served on Mrs. Fitzgerald, but by comparing and fitting the Papers served with Papers found in a copy book in the house and in the possession of the Prisoner, together with the evidence of his handwriting I think the case was brought home to the Prisoner in a manner that appeared to the Jury & to myself satisfactory; the justice of the conviction and of the sentence is not complained of, but acquiesced in the memorial prepared […] on behalf of Kelly who I herewith return. The Prisoner was certainly a man of good character previously, and had not the appearance of a Person in distress, he had also paid for several years as Tenant under Mrs. Fitzgerald, but it rather appears to me that these circumstances aggravate the guilt of the Prisoner while they render his Example, embarking in this crime of White Boyism the more dangerous. If Kelly and all his family were to go to America for at least the same length of time for which he is sentenced to be transported, I should say that, that might be an arrangement as desirable for the Country as it appears to be for Kelly and his family, but the difficulty lies in this, that it does not appear how such an arrangement can be enforced, or secured, in its continuance. I cannot concur in recommending that Kelly’s sentence to Transportation should be commuted to the Punishment of Imprisonment.”

22 Mar. 1845 While in Co. Kilkenny Gaol, he wrote a petition to the Governor General of Ireland asking for a commutation of the sentence and to be allowed to emigrate with his family to America: To his Excellency the Lord Lieutenant General and General Governor of Ireland. The Humble Petition of Laurence Kelly late of Mallardstown, in the County of Kilkenny, now a Prisoner in the Gaol of said County, under Sentence of Transportation for seven years. Most Humbly Sheweth That Petitioner was tried, found guilty, and sentenced to transportation for seven years at the last Kilkenny Assizes, for having sent a threatening notice to Mrs. Mary Fitzgerald, his landlady. That whilst Petitioner admits the Justice of this sentence, he at the same time humbly begs leave to represent to your Excellency that he has always borne a most peaceable and irreproachable character, which was amply testified to upon Petitioner’s Trial, by Mrs. Fitzgerald his prosecutrix, by her brother Lorenzo Greene Esquire, and by several most respectable Jurors of the County. That Mrs. Fitzgerald and her family are fully convinced that Petitioner had no serious intention of injuring her or her property, Petitioner having been constantly employed under her, and having always served her zealously and faithfully. That some short time previous to his Trial, Petitioner gave up his farm to Mrs. Fitzgerald, who agreed to give twenty eight pounds as compensation to enable him with his family to go to America, and drop the prosecution. That Mrs. Fitzgerald and her family are most anxious to do all in their power to assist Petitioner in effecting his liberation, or a commutation of his Sentence, and of enabling him to remove himself and his helpless young family from this Kingdom to America, if your Excellency’s permission can be obtained for that purpose. That Petitioner has a wife and seven young children, five of them females, totally depending on him for support, and his Wife very near her confinement of the eighth, who will all be reduced to destitution and want, if they will be deprived of Petitioner’s labour and exertions. Petitioner therefore most humbly prays that your Excellency will be most graciously pleased to permit him to emigrate with his family to America, or to commute his sentence to a term of imprisonment in this country, as to your Excellency may seem most expedient, and Your Excellency’s Petitioner, Will ever most Humbly Pray. Laurence Kelly. County Prison – Kilkenny March 22^nd 1845.

20 Aug. 1845 He arrived in VDL on board the Ratcliffe. The following description was made: a Roman Catholic, he could read and write. Trade, a labourer, 5 feet 7 ½ inches tall, aged 44, a sallow complexion, a long head, dark brown hair and whiskers, a long wrinkled visage, grey eyes, a long thin nose. His native place was Co. Kilkenny. Surgeon’s report: very quiet.

5 Oct. 1846 He was at the Prisoners Barracks.

13 Sept. 1846 He emerged from a work gang at Port Esperance.

11 Nov. 1846 He worked for James Weldon in the Huon.

1847 He applied to have his wife, Margaret, and children, living at Hadlow Town in the parish of Callan, Co. Kilkenny emigrate to VDL. His children were listed as: Judith (aged 20), Walter (aged 18), Mary (aged 16), Eleanor (aged 14), Bridget (aged 12) and John (aged 11).

3 Apr. 1849 He received a Ticket of Leave.

7 Aug. 1849 He was recommended for a Conditional Pardon.

3 Nov. 1849 The Anglia left London with 155 immigrants including Margaret Kelly and her seven children (the six children listed above plus Lawrence Michael Kelly). They arrived in VDL 3 February 1850.

9 July 1851 Aged 27, Johanna Kelly married Patrick Vale, aged 26 (Hobart 547/1851). Patrick Vale died 23 December 1901 at Murray Street in Hobart, aged 84 (851/1901). There is a death notice in the Mercury 4 January 1902. Johanna Vale died 17 May 1908 at Bathurst Street in Hobart, aged 82 (1629/1908). There is a death notice in the Mercury 18 May 1908. Her will is dated 1908 (AD960/1/30, p.78, N°7620). Patrick and Johanna Vale were buried at Cornelian Bay Cemetery.

10 Apr. 1852 He received a Free Certificate.

26 Oct. 1853 Aged 17, Ellen Kelly married Patrick Bolger, aged 34 at St. Joseph’s in Hobart (Hobart 811/1853). Patrick Bolger died 28 May 1879, aged 65 (Port Cygnet 502/1879). Born in Co. Wexford, he was buried at St. James Cemetery in Port Cygnet. There is a death notice in the Mercury 9 June 1879. Ellen Margaret Bolger, aged 35, married Richard Howard 15 July 1880, aged 37 (Hobart 565/1880). Richard Howard died 28 June 1886 (Hobart 3186/1886). His will is dated 1886 (AD960/1/16, p.60, N°3185). Ellen Howard died at 246 Liverpool Street in Hobart 21 February 1921, aged 86. There is a death notice in the Mercury 22 February 1921. Her will is dated 1921 (AD960/1/44, p.274, N°13219). Richard and Ellen Howard were buried at Cornelian Bay Cemetery.

1858 He leased part of a farm on 610 acres at Irish Town near Port Cygnet.

7 Jan. 1858 Aged 26, Walter Kelly married Ellen White, aged 21 (Hobart 330/1858). They had one son, James Edmond Kelly, born 20 December 1858 (Hobart 2067/1859). Ellen Kelly died 8 February 1898, aged 59 (Hobart 170/1898). There is a death notice in the Mercury 9 February 1898. Aged 70, he married Mary Jane Sands, aged 45, 15 June 1899 (Hobart 284/1899). Walter and Ellen Kelly were buried at Cornelian Bay Cemetery. Mary Jane Josephine Kelly died at 105 Argyle Street in Hobart 8 December 1911 (1325/1911). He married Elizabeth Finlayson 4 July 1912 at 16 Goulburn Street in Hobart (400/1912). Walter Kelly died at 105 Argyle Street in Hobart 17 August 1914, aged 85 (1378/1914). There is a death notice in the Mercury 18 August 1914. His will is dated 1914 (AD960/1/37, p.123, N°9613).

13 Jan. 1866 Aged 29, Mary Ann Kelly married Walter Holehan, aged 32 (Port Cygnet 490/1866). They had one child, Mary “Minnie” Margaret Holehan, born 14 June 1871 (Hobart 1913/1871), who did not marry or have children. Walter Holehan died 23 February 1874, aged 41 (Port Cygnet 569/1874). There is a death notice in the Mercury 25 February 1874. Aged 45, Mary Ann Holehan married James Hennigan, aged 39, 30 July 1884 (Port Cygnet 843/1884). She died at Brisbane Street in Hobart 26 November 1905 (623/1905). There is a death notice in the Mercury 27 November 1905. Her will is dated 1905 (AD960/1/26, p.370, N°6717). James Hennigan died at Launceston 28 September 1919 (1069/1919).

1867 He is listed living at Port Cygnet.

4 June 1873 Aged 27, Laurence Michael Kelly married Margaret White, aged 27 (Hobart 348/1873). Laurence Michael Kelly died at Adelaide Street in Hobart 25 April 1925, aged 80 (1541/1925). There is a death notice in the Mercury 27 August 1925. His will is dated 1925 (AD960/1/49, p.305, N°15282). Margaret Kelly died 27 April 1905 at Hobart, aged 59. Laurence and Margaret Kelly were buried at Cornelian Bay Cemetery.

3 June 1876 He died, aged 77 (Port Cygnet 524/1876). There is a death notice in the Mercury 10 June 1876. He was buried at St. James Cemetery in Port Cygnet.

21 Mar. 1890 Margaret Kelly died, aged 88 (Port Cygnet 1072/1890). There is a death notice in the Mercury 22 March 1890. She was buried at St. James Cemetery in Port Cygnet.

23 Feb. 1918 John Kelly died at the General Hospital in Hobart, aged 75. There is a death notice in the Mercury 25 February 1918. He was buried at Cornelian Bay Cemetery.