The True Nature of His Crime: Part 1: Michael Frayne

Image: A Convict Hulk Wikipedia ©©

Our ancestors' stories become far more interesting, the more colourful details we can enrich them with.

The colourful life of my convict ancestor was well documented from the time of his departure from Ireland to the time he completed his sentence in Australia. For my 3rd great-grandfather, Michael FRAYNE, this was a period which spanned 26 years from conviction to receiving a Conditional Pardon. From the wealth of convict records that have been preserved, I know quite a lot about Michael. Here you may read a blog post  about his life after he was convicted of a crime in Dublin, Ireland and transported to New South Wales for a 5 year sentence.

What was missing from the convict records for my 3rd great-grandfather were any details of the actual crime he had committed in Dublin, Ireland in 1836. I knew that my ancestor was convicted of 'theft and burglary' but when transported to Australia, little detailed information accompanied Michael regarding the true nature of his crime, arrest or his trial.  

New South Wales, Australia, Convict Indents, 1788-1842 for Michael Frayne, Ancestry.com

Many records of Irish trials were burned in the 1922 fire at the National Archives in Dublin, and although the National Library of Ireland has a database of convicts transported from Ireland to Australia, I have found no information regarding Michael Frayne's trial.

I was able to construct a fascinating narrative of Michael Frayne's convict life in New South Wales, from information I found in Australian newspapers on the National Library of Australia's website Trove,  so I decided to turn to UK newspapers Here I hoped I might uncover clues about the crime committed in Dublin. Searching both the Irish Newspaper Archives and the British Newspaper Archive, I discovered detailed accounts from newspapers in 1836, about a burglary which Michael Frayne committed and information about Michael's trial in Dublin. I am delighted to have made this discovery and I cannot emphasise enough the advantages of searching digitised newspaper archives.

The account of the 1836 trial of Michael Frayne, which appeared in The Freemans Journal on August 23 1836, has provided me with 'meat on the bones' information about the crime for which 14 year old Michael was charged and subsequently transported to to New South Wales. This information was not contained in the Convict Indents which accompanied Michael's convict ship to Australia nor in any other Australian convict records I have found.

Image from The Freemans Journal, August 23 1836, p. 3., Irish Newspaper Archives.

The following is my transcript of the article in The Freeman's Journal on August 23, 1836.

BURGLARY AND ROBBERY

John Heaslip, Patrick McKew, Thomas McKew, Michael Frayne, alias McKew, were indicted for feloniously breaking into the house of Robert Warrren, Esq., on the 27th of June last. 

Thomas Heuston deposed that he knew a place called Water Mills Cottage, the property of Mr Warren; witness was caretaker of the premises; in the course of the night laid in the indictment he heard a noise in the pantry, and went there; saw three men in it, one of whom he seized by the breast, but the other two forced him to forgo his hold; when he got up, the last of the men was making his escape through the window; witness seized him by one of the legs; on this a stone was flung from the outside at him; it knocked the glass of the window about his face, and he was obliged to let his prisoner off; he found two bats, a cap, and two coats left behind by the party; his daughter also found three pairs of shoes, that they left after them; witness hastened out-side, and finding Frayne there he ran at him; the other called to him not to beat him, as he had not been in the house; he secured him to the spot.

The witness was cross-examined by Mr. MACDONAGH but nothing material was elicited. 

Several other witnesses were examined.

Judge CRAMPTON charged the jury, who found the prisoner guilty.

Judgement of death was recorded against them.

One significant question that this article raised, was how Michael Frayne's death sentence came to be commuted to 7 years transportation. It wasn't long before I discovered the answer I sought in another news report in the Mayo Constitution, 26 August 1836, p. 3. 

The Mayo Constitution, 26 August 1836, p. 3. The British Newspaper Archives.

On Monday John Heislip, Patrick McKew, Thomas McKew, and Michael Frayne were indicted for feloniously entering the house of Thomas Heuston. The jury brought forward a verdict of guilt, and sentence of death was recorded against John Heislip, Patrick McKew and Thomas McKew. The punishment of Michael Frayne on account of his youth, was commuted to transportation.

Until I found these news articles, my ancestor's crime had been simply 'theft and burglary'. From news reported in 1836 in Dublin I now have a first hand fantastical witness account of a botched robbery, rich with fascinating details of the event and people involved. I have a better understanding of the circumstances of Michael Frayne's trial and his sentence. Importantly, I have been provided with the names of the people who were involved in, or affected by the crime and trial. 

These people are FAN's - Friends, Acquaintances and Neighbours. They are people with whom Michael Frayne associated and whose own stories and life circumstances when researched may tell me more about my convict ancestor.

Michael Frayne alias McKew - Burglar
Mr Robert Warren Esq. - Owner of Water Mills Cottage
John Heaslip - Burglar
Patrick McKew - Burglar
Thomas McKew - Burglar
Thomas Heuston - Caretaker at Water Mills Cottage
Mr McDonagh - Lawyer at the trial
Judge Crompton - Judge at the trial


I now have new places to add to Michael Frayne's story of 'burglary and theft'.

The Burglary: Water Mills Cottage

The Trial: The Commission at Green Streeet, Dublin

Image of an English cottage Wikipedia ©

Below are some of the questions which I have extracted from the information I found in the 1836 news reports of my ancestor's crime of burglary. With further research into these facts, places and people, my convict ancestor, Michael Frayne, should soon have an impelling new chapter in his convict story.

What was the historical context in Dublin within which this crime took place?
Was the scene of the crime, being a pantry (food) significant?
Who was Mr Robert Warren Esq.?
Where was Water Mills Cottage located?
What can I find out about the character of the caretaker Thomas Heuston? Was he a reliable witness?
What was the nature of Michael Frayne's relationship with Thomas and Patrick McKew, particularly since he had adopted the alias of McKew
What can I find out about about John Heaslip, Patrick McKew and Thomas McKew?
What became of John Heaslip, Thomas McKew and Patrick McKew? Were they excecuted?
What significance di the claim that Michael had not been in the house have?

Image: The Old Bailey Wikipedia ©©

I have no doubt that my research will lead to an interesting new chapter in my convict ancestor's story. Part 2 of this blog post about convict Michael Frayne will reveal more about my research into "The True Nature of His Crime" .


Sources

Ancestry.com

The British Newspaper Archives

http://www.britishnewspaperarchive.co.uk

Irish Newspaper Archives

http://archive.irishnewsarchive.com/Olive/APA/INA/Default.aspx#panel=home

A Serendipitous Meeting - .A Chance Conversation and Record Found.

Another Norfolk Island Convict Ancestor

Remains of the Prison on Norfolk Island Image SharnWhite ©

SERENDIPITY  noun:  finding something good without looking for it.


Early in this year, 2014, year I was contacted by a researcher from Great Southern Televison. Whilst researching the second settlement of Norfolk Island for an episode of Coast Australia, the second series, she had come across one of my genealogy blogs in which I had written about my convict ancestors. Great Southern Television is the company responsible for filming the Coast Australia series which is hosted by Neil Oliver and a team of other renowned presenters. The first series of Coast Australia went to  air on the History Channel in December of 2013, and is available on DVD at ABC stores. I was contacted regarding my connection to the Second Penal Settlement on Norfolk Island (1825-55) through a convict named Lawrence Frayne, who I had been researching for some years.

Remains of the 'new' gaol on Norfolk Island Image SharnWhite ©

While investigating the second convict settlement, the Coast researchers had discovered a convict who had written a 74 page memoir describing his years as a prisoner on Norfolk Island between 1830 and 1844. The original memoir, held in a safe in the Mitchell Library under the title of "A Convict's Narrative" was penned by my third great grand uncle, convict  Lawrence Frayne.  His long and eloquent, but brutally informing account of convict life, compares the treatment he received under harsh Norfolk Island Commandants such as James Morisset, and the tenacious protagonist of penal reform, Alexander Maconochie.  I have written about this document in my  Family Convictions- a Convict Ancestor blog.

After a meeting with producers and director of the series, it was decided that I would be flown to Norfolk Island to participate in the filming of an episode of Coast Australia featuring the second convict settlement there (1825-1855). There was mention of an eminent UK based historian, Dr Tim Causer, who was hopefully to be a part of the episode as well. This prospect excited me, since I had read papers written by Tim Causer on Australian and in particular, Norfolk Island convicts,  as part of my University of New England History degree,

A week before my departure for Norfolk Island, I received an email informing me that historian Tim Causer would be on the flight with me from Sydney to Brisbane, where we would connect with the Air New Zealand International flight from Brisbane to Norfolk Island. Norfolk Island has been self governed since 1979 and to travel there one needs to travel from Australia with a passport.

So unusual is a heavy fog in Brisbane, that if you google 'fog in Brisbane' you will find accounts of the 'thick fog' which blanketed the city on the morning of June 3, 2014, on the day of my departure. The flight from Sydney was delayed due to this weather and both Dr Causer and I missed the connecting flight to Norfolk Island by only minutes. Although this created a huge problem for the Coast team, since there are not flights to Norfolk Island every day, it turned out to be a most serendipitous moment indeed for me!

As Dr Tim Causer and I sat at the Brisbane International Airport, waiting for the Coast producers to find a way to get us to Norfolk Island, we discussed the second settlement on Norfolk. Tim Causer is well known to be an expert on the topic of Norfolk Island convicts, having spent considerable time in Australia compiling a complete database of all convicts sentenced to this harsh penal settlement between 1825 and 1855.

The 'new ' Gaol (1836-) Norfolk Island Image SharnWhite ©©

Over  coffee, we discussed Lawrence Frayne, my convict third great grand uncle, and the man I was heading to Norfolk Island to speak about. When I mentioned that his brother, my three times great grandfather, Michael had also been a convict, Tim's comment took me completely by surprise.

 " Michael Frayne was was on Norfolk Island too wasn't he?" he said, leaving me quite stunned.

During my years of research, I had found no evidence of Michael Frayne being sent to Norfolk Island, despite thoroughly searching all available records in NSW and Tasmania where many Norfolk Island convicts were sent following completion of their sentences on Norfolk Island. I did, however, have some unaccounted for years (1854-58) in Michael Frayne's life. Three convicts by the name of Michael Frayne had been sentenced to transportation to NSW,  and I had followed all of their lives in my search for my great great great grandfather. I had conducted a thorough search for my 3 x great grandfather's convict records. How, I wondered, had I missed that he had been sent to Norfolk Island?

Second Settlement 'New' Gaol Norfolk Island Image SharnWhite ©©

Serendipity stepped in....

Tim Causer had compiled the database of every convict sentenced the to the second settlement penal establishment on Norfolk Island, and because of this, he had discovered what I hadn't been able to. Michael Frayne's Norfolk Island records had been sent to Tasmania, on the closure of the penal settlement in 1855 and although I had searched the excellent Tasmanian Archive convict database under every conceivable variation of the surname Frayne, I had not found Michael's record, for the simple reason that Michael Frayne was recorded in the Index as Michael MAYNE.

Tim opened the convict database on his laptop and showed me the record. The original document is headed Mayne, Michael, and in small handwriting underneath is written, 'also Frayne'. Confirming that this was my ancestor and not one of the other convicts named Michael Frayne, was the name of the ship St Vincent, on which he arrived in NSW on in 1837. Fortunately for descendants  who are researching convicts, the ship on which they arrived, along with other valuable identifying information, followed them around throughout their convict lives on their convict records.  Although it is fortunate for me, I am not sure that Michael Frayne appreciated that his height at the age of a tender 14 years remained the same in most of his convict records from 1836 until 1864.


I would never have thought to extend my search for variations of the name Frayne to Mayne, and unless I had undertaken to compile a full list of all Norfolk Island Convicts, I would not have discovered this record. But for a freak fog, a missed flight in Brisbane to Norfolk Island, and a long wait at the Brisbane International Airport, the conversation between Tim Causer and myself which led to this significant disclosure, would have never taken place. I have no doubt that we would have been too busy filming the Coast episode. A most serendipitous moment indeed!

I have now viewed Michael's Convict Conduct record [ CON 37/1/4 Page 1257], on the Tasmanian Archive Linc website.. I have discovered the names of the ships which transported him from NSW to Norfolk Island, from Norfolk Island to Hobart and on which he returned from Hobart, Tasmania, to NSW.

For me, this is a 'find' that fills in the previously unaccounted for years of 1854 to 1858, in my convict ancestor Michael Frayne's life. The information has provided me with an excellent new line of research to follow and I am planning a trip in the near future to the Tasmanian Archives.


AND.. just in case you are wondering if we made it to Norfolk Island......We did eventually arrive the following day,  by means of a longer than planned route - flying, Brisbane to Sydney, Sydney to Lord Howe Island (in a Qantas Dash 8), followed by an exciting three hour flight from Lord Howe Island to Norfolk Island aboard the Cirrus aircraft pictured below.

Our chariot awaits! Image Tim Causer

THANKYOU to Dr Tim Causer for his assistance and for permission to include his name in this blog post.  Dr Causer is presently transcribing the manuscripts of British philosopher, jurist and advocate of penal reform Jeremy Benthem (1748-1832). For information about his innovative collaborative transcription initiative please click on the link HERE.