Swing Rioters Beneath the Southern Cross

Mary Devine

Mary Devine was convicted of highway robbery at Surrey Assizes, 6 August 1827 and sentenced to life transportation. Her gaol report stated that she was of bad character, connexions and disposition, was married with one child and that her husband was Robert Burke, a soldier in the 57th Regiment. She admitted marriage to Burke, that she was a Roman Catholic with a five-year-old son living at Lochrea, County Galway and that she was herself living at Wandsworth in Surrey. In denying the offence for which she was convicted she stated that she had plenty of her own (money) to keep her.

The surgeon-superintendant of the female convict transport Mermaid reported Mary Devine as being pretty orderly on the voyage during which she twice attended for treatment:

10 February 1828: Admitted on the sick-list with Hysteria: Has apparently been much dejected since she came on board. On the first evening (Tuesday 5th) she was suddenly seized with a paroxysm resembling Hysteria which was relieved by administering an Antispasmodea draught; this evening she had a similar attack, sudden, and attended with more violent spasms than the former.

… States that she has been subject to these attacks for the last eight years, which at times have lasted for days without interruption. Her health in other respects is pretty good. Discharged cured, 15 February 1828.

March 1828: Again admitted on the sick-list: Her complaints from the commencement have been decidedly of an hysterical nature and no doubt have been much aggravated by mental anxiety and irritation. Her character and conduct hitherto has been good tho' she possesses a violent temper when excited.

Conduct Record Tasmanina Archives CON40/1/3 page 50

1828: 6 August Factory. Fighting and creating a disturbance in the Factory yesterday. Cell on bread and water 3 days.

1829: 20 February G.W. Robinson. Neglect of duty and being quite unserviceable to her Mistress. To be placed in the Assignable Class in the House of Correction.

1829: 24 June Collins. Absent from her service on Sunday last without leave and remaining absent until apprehended by Charles Scott. Cell on bread and water 6 days and Crime Class, House of Correction.

1830: 23 March Clarke. Repeatedly absconding from her Master's service and refusing to obey his orders. Crime Class 6 months, House of Correction and to have her hair cut off.

1831: 14 January Ross. Neglect of duty in her service and absenting herself under false pretences. Crime Class, House of Correction.

1831: 20 July Davidson. Absent from her service the whole of last night without leave. Placed in the 2nd Class for assignment to the interior, Mr Davidson stating in every other respect she is a very hard working good servant.

1832: 7 January. Applied to marry Abel Hickmen (No.518) per Asia.

1832: 14 May Wilson. Her present service being unfit for her she is returned to the Female House of Correction for assignment.

1832: 2 July Campbell. Neglecting her Mistress' child and found in an indecent position on a bench in her Master's house. To be placed in a cell 10 days and afterwards in the Crime Class 6 months.

1832: 26 December Darling. Absent without leave. Wash tub 3 months.

1833: 29 April G Doddery. Out after hours and absent without leave. Reprimanded.

1833: 27 June Doddery. Drunk and disobedience. 7 days solitary confinement on bread and water.

1833 Muster: In the House of Correction.

1833: 21 December Heany. Insolence. Reprimanded.

1834: 14 February Heaney. Insolence and using indecent language. 14 days solitary confinement on bread and water.

1834: 27 March Heaney. Drunk and disorderly. 4 days solitary confinement on bread and water.

1834: 28 April Heany. Drunk and disorderly. 7 days in a cell on bread and water.

1834: 20 June Heaney. Absent without leave. Admonished.

1834: 1 July Heaney. Stealing two new buckles and other articles of the goods etc of her Master. Complaint dismissed but ordered to the Female House of Correction for assignment, her Mistress refusing to take her back.

1834: 13 August P. Carolan. Absconding. 2 months Crime Class, Female House of Correction at Launceston.

1834: 13 December Applied to marry John Jelly (No.377) per Woodford (2). Not approved.

1835: 16 March R. Wales. Refusing to work under pretence of being ill. 21 days solitary confinement on bread and water.

1835 Muster: In the House of Correction.

1835: 8 December Applied to marry William Durham (No.674) per Eliza. Approved (married at Launceston 24 February 1836)

1837: 8 December Ticket of Leave.

1839: 1 July Wife of Durham. Absent without leave. Discharged.

1840: 17 March Conditional Pardon recommended (approved December 1 1841 ). Reported by respectable individuals as a woman of reformed habits, which report was borne out by her Police character.

1842: 18 March FS. Assaulting Emma Boyce. Fined 10 shillings.

1848: 22 February Pardon extended to all countries but Great Britain and Ireland.

In those cases when Mary Devine / Durham came before the Bench the name of her current employer is placed immediately after the date on which she was charged.

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