Sixpence

Maria COURTNEY was born about 1796.   I have been unable to find out where she was born, nor the name of her father, although I suspect it was Bernard DUFFEY.  Maria's mother was Margaret DUFFEY (AKA Margaret COURTNEY) of whom, more later).

Maria's calling was servant, when convicted at Berwick upon Tweed (Borough)(Gaol Delivery), in the very north-east of England, on 24th July 1816.  Through contact with a chap on the internet who lives in the north of England (George BELL) I recently discovered Maria had been convicted of High Treason and larceny, and sentenced to hang.   Maria had four accomplices, Margaret and Barnard DUFFEY, and Mary and James MOEN (alias MOON), all sentenced to hang as well.   Their crime was coining.

Margaret DUFFEY was examined at Berwick on Tweed on 15 April 1816 and pleaded not guilty:

The examination of Margaret Johnson wife of John Johnson otherwise Mary Courtney otherwise Margaret Courtney otherwise Margaret Duffey taken this Fifteenth day of April One Thousand eight Hundred and sixteen before Joseph Barnes Clerk Mayor - and David Stow Esquire two of His Majesty's Justices of the Peace in and for the said Burrough.
The said Margaret Johnson otherwise Mary Courtney otherwise Margaret Courtney otherwise Margaret Duffey - being charged before us by Alexander Baxter & William White with the feloniously and traitorously coloring with materials producing the colour of silver a piece of base coin resembling a sixpence against the Statute in such case made and provided upon this examination was taken before us denieth that she is guilty of the said offence.
Before us
Jas. Barnes Mayor                          The mark of
David Stow                            Margaret   X   Johnson

xxxx

A full report of the trial appeared in the Berwick Advertiser of Saturday Morning 27 July 1816:

BERWICK SESSIONS
At Berwick Sessions held on Monday last, before the Right Worshipful the Mayor, the Recorder, and others his Majesty's Justices of the Peace, there assembled, Isabella Spowart, wife of Stephen Spowart of Spittle, Collier, was found guilty of Petit Larceny, in stealing some Wearing Apparel, belonging to Mary Robinson, single-woman, in the Dwelling House of John Todd, Innkeeper, Church-street, and received Sentence to be imprisoned for 3 Calendar Months in the gaol of this Borough.

John Sampson, innkeeper, in this town, for an assault on Peter Robertson, of Tweedmouth, County of Durham, taylor, was found guilty, and fined £5.   Geo. Wilkie, of Fairney Flatt, within the liberties of Berwick, answered to an indictment preferred against him for an assault on John Sanderson, appealed, and traversed over till next Sessions, proper security being given.

At a General Gaol Delivery holden for this Borough, on Wednesday last, before the Rev. Joseph Barnes, Clerk, Mayor, Christopher Cookson, Esq. Recorder, and William Grieve, Esq. John Clunie, Esq. David Stow, Esq. And William Pattison, Esq. Six of his Majesty's Justices of Gaol Delivery for the said Borough, the following Prisoners in the Gaol of this Borough, viz.:- James Moen, Mary Moen, Barnard Duffey, Margaret Duffy, and Maria Courtney, were severally indicted for High Treason, in feloniously and traiterously forging and counterfeiting one piece of false feigned and counterfeit Money and Coin, to the likeness and similitude of the good legal and current Money and Silver Coin of this Realm, called a Sixpence.   To this indictment the Prisoners pleaded Not Guilty.

Mr Losh then addressed the Jury on the part of the Crown.   After commenting at some length on the importance, in a Country of such vast commercial concerns as this, of preserving the Coin from adulteration, shewing the propriety of vesting the power of issuing the Coin in the Crown, and the antiquity of the provisions of the law for punishing offenders against this branch of the Royal prerogative, he proceeded to detail the material facts of the case.   The following witnesses were then examined :-

Wm. White, Plasterer.-   On 8th Feb. last, about six in the evening, in consequence of some information he had received that some persons suspected of coining, lodged in Mary Anderson's, in Walkergate Lane, he went in company with Jos. Park into the yard in which the house is situated, and getting on an old wall, a short distance from the window of the room upstairs, where prisoners lodged, he saw prisoners Margaret Duffey, Mary Moen, and Maria Courtney, sitting around a table, upon which there was a candle, close to the window.   Margaret Duffey had her back to the window, and was clipping something with a pair of scissars [sic].   Mary Moen and Maria Courtney, were also sitting. Barnard Duffey and James Moen standing behind them with their faces to the window: Duffey holding a cup, Moen a gallipot - James Moen received from Maria Courtney pieces of metal, apparently counterfeit coin, which he dipped into the cup and returned to her, and she rubbed them between her finger and thumb; this was repeated frequently. Mary Moen was engaged in the same way, handing the pieces to Maria Courtney, who handed them to J. Moen.   Mary Moen and Maria Courtney examined some of the pieces, and gave them again to Barnard Duffey, who put them in the cup and returned them again.   Mary Moen and Maria Courtney then went out; witness followed them.   Saw Mary Moen go into the shop of Isabella Johnson , in Castlegate; Maria Courtney remaining on the outside.   Witness saw her give to Isabella Johnson in payment of what she bought, two sixpences.   On her coming out, witness went in and asked to see the sixpences; found them counterfeits; marked them and returned them to Isabella Johnson.   He then went back to the house, where he found Mr Park at the door, who accompanied him to Castlegate, where they found and apprehended Mary Moen and Maria Courtney, and took them to Isabella Johnson, who immediately identified Mary Moen as the person who gave her the sixpences.   They were afterwards committed.   On searching them there were found upon them a quantity of bread, sugar, tea, and tobacco.

Joseph Park confirmed Wm. White's testimony so far as he was present.   On White seeing prisoners engaged in the room as before stated, witness went to the Mayor, and by his orders got Messrs Wilson, M'Gall, and Hope, constables , and Messrs Alex. Thomson, Wm. Jameson, and Charles Ferguson, to accompany them to the house where prisoners lodged.   They all went up stairs but witness and Ferguson.   Witness guarded the door.   While doing so a man came down stairs and wished to go out.   Witness ordered him back.   He went into the lower room.   Eliz. Simpson was then standing by, and said that was the head of the gang.   Eliz. Ormston was then standing at the door of the lower room, where the man entered.   Could not say that it was either of the male prisoners.   Shortly after White came for him.   He left Ferguson to guard the door, and went with White to Castlegate, where they proceeded as before detailed by him.   All the persons who went up stairs were severally called to prove what took place there.   The facts stated by them were - that on going in the prisoners were standing, and appeared somewhat confused; they were all delivered into the custody of Hope till their persons and the room were searched.   There were found on Mary Duffey a pair of scissars, a small empty glass phial, a pocket-book with a copper door-plate; and on James Moen a quantity of white powder which he said was starch. - A file. The teeth of which were full of copper, was found on the mantle-piece.   There were found in some straw in the room, 3 pieces of copper coloured to the resemblance of sixpences, 9 polished and ready for colouring, 3 cut and rounded, and a cup containing the substance for colouring; another pair of scissars were found on the table, and some clippings of copper on the floor - the edges of the scissars were tinged with copper.

The file, 2 pairs of scissars, phial, clippings and pieces of copper and colouring materials, were produced by M'Gall, and identified.

Mary Anderson, widow, keeps a Lodging House in Walkergate Lane.   Prisoners Barnard Duffey, Margaret Duffey, and Maria Courtney, came to her house on Sunday 4th February, last, and asked for lodgings she let them two beds in the upper room.   On the day following James and Mary Moen, came, they were at first down stairs, they asked whom witness had up stairs, she told them Barnard Duffey, and his family, they did not say that they knew them nor when they afterwards went up stairs to sleep, did it appear so to witness who shewed them the room.   They remained in the room up stairs with Duffey, and his family till apprehended.   The room contains four beds, prisoners had three, the other bed was during several of the nights the prisoners were there occupied by some other persons, but prisoners had always the room to themselves during the day, witness was not often up, when there never saw any thing like a manufacture of counterfeit coin.   Prisoners did not appear to follow any trade, no person making combs or mending umbrellas lodged there at that time.

Thomas Hope, is a Parish Constable; part of his duty is to visit the lodging houses.   On the day preceding, that one on which prisoners were apprehended, on going in the evening to Mary Anderson's, he saw prisoner Barnard Duffey, cutting with a pair of scissars a round piece of copper, about the size of a large sixpence out of a piece of thin sheet copper, about half the size of his hand, he seemed much confused on observing witness, and attempted to conceal from him what he was doing, by slipping the articles down by his side, on witness asking what he was doing, he said he was doing nothing, witness said no more but left the room.   He also gave evidence as to the search of the house.   Prisoners would not have been allowed so long in town, but for the severity of the weather at the time.

Isabella Johnson, keeps a small grocer shop, in Castlegate.   On 8th of February last, Prisoner, Mary Moen, came into the witness' shop and asked for some tea, sugar, and bread, which witness sold her, prisoner gave her two sixpences in payment, witness returned her the overplus in copper, shortly after Mary Moen went out, William White, came in and asked to see the sixpences, witness shewed them, he said they were counterfeit, put a mark on them, told her to take care of them and went away.   He afterwards came back accompanied by Mr Park, bringing with them Mary Moen, and Maria Courtney.   Mary Moen admitted that she paid witness two sixpences but questioned the two produced being the same.   Messrs White, and Park, then took the prisoners away.   She is positive as to Mary Moen, being the person, and that the sixpences she now produces are those she got from Mary Moen.   On first receiving them she put them into a small cup in the counter drawer, in which there was then only one sixpence which was uncommonly small, and from which she could easily distinguish them.   On being desired by White to take care of them, she wrapped them up, and has kept them so ever since.

William White on being again called, identified the sixpences produced as the same shewn him by Isabella Johnson, on the 8th February.

Robert Lough, Tinsmith, Berwick.   A few days before prisoners were apprehended, Mary Moen and Maria courtney, came to witness' shop, and asked for some sheet copper, which they said was for covering the backs of combs, witness sold them some of about the thickness of a shilling, and received 7½d. for it.   They came back the next day for more, but witness not having any but large sheets would not cut them for so small a quantity, they did not say it was to mend umbrellas.

Elizabeth Simpson, washerwoman, lives in the front house, in Walkergate Lane, in the yard adjoining which Mary Anderson's lodging house is situate, was at home on the 8th February last, when prisoners were apprehended, was during the time in the yard standing near Mr Park, who guarded the door, saw prisoner Barnard Duffey, come down stairs, Mr Park ordered him back, he went back into the house, but witness could not see where, witness told Mr Park, he was the head of the gang.

Elizabeth Ormston, seaman's wife; is a daughter of Mary Anderson, was in the house at the time of the search on the 8th February, was during part of that time, standing at the door of the lower room, while there Barnard Duffey, came down and wished to go out.   Park ordered him back, he then went into the lower room, witness heard him say "my God where shall I go," she never saw him after.   He could only get out by the window into the back yard, from which he might escape either into Walkergate Lane, or the High Street.

Mr Caleb Edward Powell, from the office of the solicitors to the mint, has had very long experience in conducting prosecutions of this description, and in the course of that time, has had opportunities of becoming acquainted with the implements usually employed by persons in counterfeiting the coin.   The implements and colouring matter produced are complete for the purpose, he described the different stages of the pieces produced by Mr M'Gall.   The two sixpences produced by Isabella Johnson, witness thought might have imposed on very good judges, and had they not been scratched by Mr White, might still do so.

Mr John Nichol, one of the Moneyers of the Mint, proved these sixpences to be counterfeited, and that they were never issued by the Mint.

The evidence for the prosecution here closed, and the prisoners having no defence to make, the Learned Recorder then proceeded to sum up and comment upon the Evidence, in an able, clear and perspicuous manner, when the Jury retired for a few minutes, and returned with a Verdict of Guilty against all the Prisoners.   Mr Recorder then in a most impressive and affecting manner, pronounced Sentence of Death upon each of the unhappy prisoners.   A most heart-rending scene now took place, the mutual recriminations of the unhappy culprits, and their frantic appeals for mercy, formed a spectacle much more easy to be conceived than described.   And it was not until a considerable degree of force was used by the proper Officers, that the unfortunate Convicts could be removed from the Bar.

The Death Warrant for their Execution was then Signed and Sealed by the Magistrates there assembled, and delivered over to the Coroner, ordaining him to carry the dreadful Sentence of the Law into Execution, on Saturday the 24th of August next, should the Royal Mercy not intervene.

We are happy however to understand, that the Justices of Gaol Delivery with those feelings of humanity for which our Worshipful Bench of Magistrates have been so long distinguished, and "which becomes even a throned Monarch better than his Crown," have represented the case of the unhappy Convicts to his Royal Highness the Prince Regent, and have recommended the Prisoners to the Royal Mercy.

This Trial which was conducted with much solemnity, occupied the attention of a very crowded Court for nearly seven hours, and appeared to make a most serious impression upon all who were present.

                                                            _____________________

It appears that Duffey after his escape from Walkergate-lane as above stated, shaped his course towards Hexham, where he was apprehended and confined in the House of Correction there on a charge of assaulting a poor woman who had been travelling the country with him, and being soon afterwards identified as one of the above gang of coiners, he was brought over in custody to Berwick previous to the gaol delivery and fully committed for trial.

Mary MOEN gave birth to a son, James, on 5 August 1816, while under sentence of death.  

The Newcastle Courant of 17 August 1816 (4c) reported:

The mayor of Berwick, last week, received a respite, during the pleasure of the Prince Regent, for the five criminals now under sentence of death in the gaol of that town, for coining.

Our gang were fortunate.   Forgery was regarded as a serious crime, and forgers were less likely to have their sentences reduced to transportation than murderers, burglars and robbers.  Forgery of the King's currency was treason.   Men were punished by hanging, drawing and quartering, and women by burning at the stake.   By the 18th century, punishment for men was in practice reduced to simple hanging, but women were still burnt at the stake.   Twenty thousand went to Tyburn to watch Phoebe Harris go to the stake for burning in 1786, but the last burning for coining took place in 1789.

The five gang members were transported to New South Wales for life.   The two men, Barnard DUFFEY and James MOEN, sailed from England on the Shipley on the 18th December 1816.   The ship came direct to Sydney without stopping, arriving 24 April 1817: a voyage of 127 days.   There were no deaths, probably due to the speed of the trip.   Built at Whitby in 1805, the Shipley was a second class ship of 381 tons and two decks, commanded by Lewis William Moncrief.  

The indents for the Shipley show that Barnard was a native of Antrim, Ireland, the same as for Denis HAMILL.   This may have contributed to Denis's later association with Maria COURTNEY.  Barnard's calling was given as "Flax", presumably something to do with the linen industry.   Denis, you will recall from the story of Denis HAMILL of the Three Bees, was a weaver.   Barnard was aged 45 (in 1817), 5' 6¾" tall, with a fair, ruddy complexion, grey hair and grey eyes.

James MOEN's native place was Monaghan.  Aged 24, his calling was labourer.   He was 5' 9½" tall, with a dark, pale complexion, brown hair and brown eyes.

Maria COURTNEY was transported on the female convict ship Friendship.   Margaret DUFFEY and Mary MOEN (also known as MOON), together with their children, accompanied Maria on the voyage.   The Friendship left London, England on 3rd July 1817, arriving in Sydney 195 days later on 14th January 1818. This Friendship was built at the Thames in 1793, a ship of 441 tons, and obviously not the ship of the same name which sailed as part of the First Fleet.

In female transports generally, prostitution was allegedly rife, and all efforts to stamp it out had failed. Charles Bateson's Convict Ships states:

Aboard the Friendship, the master, Andrew Armet, and the surgeon-superintendent, Peter Cosgreave, made every effort to stop prostitution of the women to the crew, but failed.   This ship, which sailed from England on July 3, 1817, south-west of Madeira picked up an open boat containing six Spaniards and an American, who had converted their shirts into a sail.   For six days they had eaten no food except for a little raw turtle, and they were in an exhausted state.   They were hoisted aboard the Friendship, and seven days later, on August 4, were transferred at sea to an American ship.  The Friendship then went on to St. Helena.   Here the conscientious Cosgreave applied to the admiral in command for assistance in preventing cohabitation between the seamen and the women.   Two post-captains held an inquiry, but their report was not handed to Armet or Cosgreave.  Presumably the problem was also beyond the ingenuity of the post-captains to solve.

The Friendship made a protracted voyage to Port Jackson of 195 days, and when she arrived [14 January 1818] Cosgreave reported that prostitution had begun before the ship had left England and had continued throughout the voyage.   Three magistrates held an inquiry at Macquarie's direction, and reported that the charges were "most fully proved", but that Armet and Cosgreave had done everything possible to prevent the intimacy which had taken place between the women and some of the officers and seamen.

The ship carried a missionary, and Bateson speculates that the enquiry may have been instituted because of representations or to forestall public criticism.   It should be noted that the word "prostitute" was used for all liaisons not sanctified by marriage and does not mean that the women were completely promiscuous, although some were prostitutes (in our sense) in Britain.

The Friendship's Surgeon, Peter Cosgreave, mentioned our convicts in his report:

Names of Convicts with their characters during the voyage from London to New South Wales on board the Ship Friendship.
...
Mary Duffie & 4 children:     Insolent & Indolently inclined
Mary Moen & M child:    A good mother, but a blasphemous bad Disposition
Maria Courtnay:    Tolerably Quiet & Industrious.
...
        Total 101 Convicts
        January 1818
           Ptr Cosgreave Surgeon & Superintendent

The female indents give less information than the male convict indents, and do not give descriptions of Maria or her female accomplices. The ticket of leave records for 1833 describe Margaret DUFFEY, and indicate that her birth place was Belfast, the same as for her husband Barnard, and also for Denis HAMMILL.


For the next chapter, see Denis and Maria.


 Links to:

Hammell Home page;   About me;   About our ancestors;   My favourite web sites.


©   Sid Hammell 7 February 1999: last updated 13 November 2011
Comments to shammell@tpg.com.au