westernhistory western
28 Western News 3 March 2017 Issue 29
DOWER, John
(Alias Donell, Doner, Dowds) Hazel Magann OAM
J
OHN Dower a labourer, at the age of 21 years was tried at the Waterford Summer Assizes City Court Ireland in 1820. He was indicted for highway robbery found guilty and sentenced to transportation for life. He arrived in Australia.on the Lord Sidmouth (2) on the 19th February 1821 from Cork, Ireland. Transcription of Trial: ……….WATERFORD SUMMER ASSIZES CITY COURT Tuesday – Sergeant BURTON, who came down in consequence of the illness of BARON GEORGE presided in this Court. Martin Dower and John Dower (brothers) were next put to their trial, for feloniously assaulting and robbing Michael Fitzgerald and Thomas Fitzgerald, on the 30th December last, on the Turnpike rod, within one mile and a half of this City. The first witness was Michael Bryan (an approver) who swore, that he knew the prisoners, whom he identified. He said that he saw them about Christmas last in the Town of Carrick; that shortly afterwards he came to this town, to endeavour to get work, and met the prisoners here; that the prisoners, two other men, and himself agreed “to go on the road to rob”. He said there was no plan to rob any particular person, “but any one that came that way”; the prisoners were armed with pistols. They went to the road about seven or eight o’clock in the evening, and met with two men riding one horse. He said the prisoner, Martin Dower, and another of their party, both of who were armed with pistols, stopped the horse, and desired the riders “to deliver up all they had”; upon which one of the riders, a young man, jumped down off the horse, and the other rider, was an old man, and father to the young man, was thrown off by one of the party. He said that they took from them their coats and hats, together with the horse, saddle and bridle; that three of the party returned to Waterford; and that Martin Dower, one of the prisoners, and another of the party, went on with the horse towards Carrick, where they all agree to meet on the following morning. He said that they did meet accordingly, and that Dower said he had left the horse at his liberty near Portlaw, and had lodge the bridle and saddle at a friend’s house in Carrick-beg. He said that he did not lodge informations until he was taken up, which did not occur for three months after the robbery; did not know the names of the men who were robbed. The prisoners had no counsel, and consequently had no benefit that might be derived from a cross-examination. Thomas Fitzgerald was the next witness sworn. He said that on the evening of the 30th December last, between 7 and 8 o’clock, he
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and his father, Michael Fitzgerald, were on their way home from this City, were stopped by four or five men; could not positively say to the number. He said that they were both riding on one horse; that, on their being stopped, he jumped off the horse, upon which one of the party presented a pistol, and desired him to give up his coat and hat; they also took his father’s coat and hat, and they the horse they rode; he said they used no threatening language; merely desired them to give up the articles which they demanded. He said they rubbed their hands outside of his father’s pockets to feel if he had got any money, but took none; that he saw but one pistol; he said the horse returned home the next morning; that a short afterwards he got the saddle at the Mayor’s Office; that he could not swear that either of the prisoners were of the party. He was then asked by one of the prisoners, if he had not known him before, to which he answered that he did know him, some years ago, in the service of Mr. Sullevan, of Ballyleggat; and admitted that, if the prisoner was one of the party, from his previous knowledge of him, he would probably have known him. Richard Phelan swore that he knew the prisoners; that about Christmas last, rather late at night, when he was in bed, the prisoner, Martin Dower, came to his house, at Carrickbeg, carrying a saddle; that he asked Dower where it came from, at the same time remaking it was late to be out. Dower answered that he came from Waterford. He said that Dower worked for him for some time, that he was in his (witness’s) debt 6s., and that he told Dower he would keep the saddle until he should pay off the debt; shortly afterwards the saddle was demanded by Mr Wright, High Constable, and given to him by witness. The prisoner called no witnesses. After a short deliberation, the Jury found a verdict of Guilty. Sentence of Death was passed on both the prisoners. The humane Judge said that, partly in consideration of their time of life – partly in consideration of their not having committed any atrocious outrage on the party robbed – and partly in consideration of no other charges existing against them, he should recommend them to the mercy of the Crown. The time named for their Execution is the 7th of October next……. On 2nd April 1821 John was assigned to John Campbell Esquire on his property Ardmaddy, Rooty Hill. The following year on the 7th January he applies for permission to marry Sarah Newham. In 1825 he was sentenced to a term at Port Macquarie and was transported there per the vessel Sally. John is back in the employ of Campbell from April 1822 until June 1823 the next we hear of John is on the 17th March 1825 when he fails to attend Muster. By 1828 he was the overseer’s assistant on Iron Gang–10 in the District of Melville.
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