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GRANDSONS OF PATRICK GRADY AND MARGARET WHALAN
WHO WERE CONVICTED BUSHRANGERS
AND/OR COMMITTED CRIMES AGAINST THE COLONY.

 

(The Grandsons are indentified in bold type.)

In December 1865 John FORAN was convicted at Rockley (near Bathurst) of illegally using a horse, for which he served three months hard labour at Bathurst Gaol.

On 31st January 1867 four bushrangers (3 of them masked) robbed 12 travellers on the Carcoar Rd about 25kms south west of Bathurst and stole their money, their firearms and two of their horses.  The bushrangers then went to a public house (Pub) and stole money and 30 ounces of gold from the proprietor. The following arrests were made:

James KELLY and Patrick FORAN were convicted of Robbery under Arms at Bathurst on 17th April 1867. They both received 10 years on the Bathurst Roads. Patrick was released in 1874 after serving 7 years.

On 25th April of that year,  Patrick FORAN, James KELLY and 13 other prisoners left Bathurst under Police escort to the Berrima Gaol. On 30th April, the prisoners attempted to escape, but Patrick FORAN was not one of the 2 prisoners who succeeded in eluding police. A police constable died from wounds received in the escape and several of the prisoners were wounded.

On 12th April 1867 Lawrence Cummins and John FORAN held up a publican at Dirty Swamp. They robbed travellers at the public house and stole a horse. They then went to Muttons Falls, where they attempted to rob Anne Webb’s store.Anne’s son Robert shot and wounded Cummins but he and John escaped. John FORAN was arrested on 24th July. In the Bathurst Court of 18th October 1867, John was convicted of three charges and Lawrence Cummins was convicted of six charges of Robbery Under Arms. John was sentenced to 15 years on the road gang but he actually only served 6 years and 7 months, when he was granted a conditional pardon. His co-offender, Lawrence CUMMINS, received 30 years hard labour on the roads.

On 19th April 1865, Phillip FORAN was convicted at Rockley of possession of a stolen saddle for which he served two months in Bathurst Gaol. On 29th September 1868, Phillip was convicted of stealing another saddle and he was sentenced to 12 months hard labour.

On 30th September 1868, James GRADY stood charged in Bathurst Court, with stealing a saddle and was acquitted.

On the 23rd September 1845, Patrick GRADY stood charged with Robbery Under Arms. His co-offenders were Daniel McQUIRK (Patrick’s father in law) and Daniel’s son Thomas. The McQUIRKS were convicted and sentenced to two years hard labour, while it would appear that Patrick was acquitted.

Additional Note:  After his conviction, Daniel McQUIRK was ordered to serve his sentence in Parramatta Gaol, not Bathurst were his son was incarcerated. The reason for this was that Daniel’s son in law, Henry Hogan was an inmate at Bathurst. Henry, earlier that same year murdered his wife (and Daniel’s daughter) Ann by drowning her in a creek near their home at Shooters Hill, in the Oberon District. At the time of her death, Ann was the mother of a 2 year old child and was 5 months pregnant.

Twenty two years later, Patrick GRADY again appeared before the Bathurst Court, this time for horse stealing. He was convicted on 14th October 1867 and sentenced to 7 years hard labour on the Bathurst roads.

Thomas KESSEY and two companions robbed two mail coaches within hours of each other in June 1864. They robbed the Bathurst to Orange coach at night and held the passengers at gunpoint for 7 hours until the Orange to Bathurst mail coach came in the other direction early the next morning. As well as stealing money and valuables from the mail bags on both coaches, they stole money and personal belongings, especially clothes from the passengers.

A few days later, the same three men robbed a farmer about 8 kms from Bathurst while he was riding home to Limekilns. They stole money, a poncho and his horse and saddle.

On 12th July 1864, the Police searched Thomas KESSEY’S room where he slept and found some of the clothing stolen from the coach passengers. A search of his brother James KESSEY’S room revealed the poncho (hidden under the bed) which was stolen from the farmer. The two brothers and two others were arrested.

At the trial, on 17th October, in the Bathurst Court, three of the passengers positively identified Thomas KESSEY. This evidence led to his conviction and he was sentenced to 10 years hard labour on the Bathurst roads. While neither the passengers or the farmer could identify James KESSEY, he was sentenced to 10 years on the roads, as he had the stolen poncho in his possession. The evidence against the other two men, Shadrack Grose (Thomas’ brother in law) and Frederick Presley was inconclusive and they were acquitted.

On 7th February 1870, John KESSEY was convicted on two counts of cattle stealing and sentenced to 3 years hard labour at Bathurst Gaol. on 6th February 1894, twenty four years later (almost to the day), John was convicted of larceny of pigs. He received a nine month sentence of hard labour again at Bathurst Gaol. On 1st August 1899, John now 60 years old, was again convicted of cattle stealing and did another 1 year and 8 months at Bathurst.

 

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