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4. Henry FULHAM

Henry Fulham - Convict Indent
(NSW State Records Fiche: 677, page: 002, film 905, shelf 4/4024)

Possible Baptism: Henry Fulham
Baptism Date: 27 Mar 1814
Baptism Place: St Mary's (Pro-Cathedral), Dublin city, Dublin, Ireland
Father: James Fulham
Mother: Mary
Sponsors: Henry Hart and Elizabeth Campbell

As prisoner number 30-1884, Indent No. 64 shows Henry arriving on the ship Hercules(3), with William Vaughn as Master, on 31 October 1830 in Sydney.  The ship's surgeon was, William Martin, from Ireland. The ship which departed Dublin on 3 July 1830 had 200 prisoners, although one died on board. See the surgeon's report on the voyage below.  The details give James Connolly, alias Henry Fulham, as age 14.  He was listed as a Roman Catholic from Dublin. He was single.  His trade or calling was errand boy shoemaker and he was tried in the city of Dublin on 20 October 1829 for being a pickpocket.  For that he received a sentence of 7 years.  It notes that he had a former conviction of 12 months.

(It is noted in the Convicts Ships Muster records, reel 2422, shelf 2/8262 p37. of 2 November 1830 that the ship that arrived in 1830 was the Hercules II(2).)

He was 4 ft 7.75 inches tall in 1830 and he had a ruddy complexion, light brown hair, brown eyes, and a slight perpendicular scar under his left eye.  He also had a small scar on back of each hand.  On arrival he was disposed to the Carters Barracks at Brickfield Hill.  Carters’ Barracks, for the younger convicts of the colony of NSW, were located at the perimeter of Sydney town. Beyond that lay the street called Parramatta, before it turned sharply into the Parramatta Road, a rutted track formed by bullock teams heading due west between tall gumtrees. The flat expanse where George Street met Pitt Street area could hardly be called a destination, except for hearses bound for the Devonshire cemetery. Across the way could be seen the Benevolent Society.

The barracks, segregating the youthful convicts from others established in vice, provided sleeping quarters for these tired workers who daily carted the new made sandstock bricks from the kilns at Brickfield Hill, which had seams of clay deposits.

It is understood that juveniles were frequently sent to Carters Barracks and between repeated floggings they were taught a trade and then released on a tied apprenticeship system.  Henry's place of residence is listed as Pyrmont and his occupation as shoemaker in subsequent years, so it can be assumed that that was the trade he learnt at the Barracks.  This is consistent with him being an errand boy to a shoe maker in Dublin.

Henry Fulham (alias James Connolly) received a Certificate of Freedom (SRRef 4/4336,  Film 998) No. 37/45 on 25 January 1837. After having arrived on the Hercules in 1830.  His native place was Dublin and his trade was shoemaker. He was tried in Dublin as a pickpocket and was sentenced on 20 October 1829 to seven years. He was born in 1816 and in 1837 he had grown to be 5 ft 5 inches tall with a ruddy complexion and brown hair and eyes. He had a scar on the palm of his left hand, a scar on the back of his right hand, and a scar on the back of his little finger of the left hand.

In the 1837 Convict Muster of NSW, James Conolly of the Hercules (1830) had a master of Chr Echlin of the Illawarra.  
Christopher Echlin, farmer and landowner was granted land by by Governor Darling in Dapto on 26th November 1829 known as Veteran Allotments (100 acres, Lot No 3 on Dapto Creek).  Christopher Echlin was a former soldier who fought in the Peninsula Wars and terminated his Army Service like many others after the Battle of Waterloo. He came to Australia as a disbanded soldier and a member of the NSW Royal Veteran Company. Mr Echlin died at his Dapto residence on 15 June 1865. He was described as a quite, unassuming, and respectable man very well like by all those who worked for him and knew him, fond like all soldiers, of fighting his battles over again to attentive hearers. It is said that at his funeral in 1865 the number of mourners was between 400 and 500 in attendance.

Henry Fulham married Mary Reid in 1838.
List of persons applying for the Publication of Banns at the Roman Catholic Church Hyde Park - 20 April 1838
James Connolly alias Henry Fulham (Fallain), aged 22, a Bachelor, from the ship  Hercules, that arrived in 1830, and was sentenced to 7 years transportation but was now free by servitude.
Mary Reed (Reid), aged 19, a Spinster, from the ship Pyramus(2), that arrived in 1836, and was sentenced to 7 years transportation, was bond assigned to Mr Solomon. - Publication of banns was allowed.

Marriage: NSW BDM V1838433 126/1838 Henry Fulham to Mary Reed in Sydney, St Marys, Roman Catholic church on 14 May 1838.  Witnesses were James Kelly and Elizabeth Thomas.

Henry and Mary had five children: Mary Ann b1839; Sarah Ann b1840; Charlotte b1842; William Henry b1845 and Hannah b1846.  There is a BDM reference to Joseph James Fullen as follows:
Birth: NSW BDM V18511045 68/1851  Joseph James Fullen, Henry Fullen, Mary Fullen, b 1 Jan 1849, c 11 Aug 1851, Abode - Hunter St, St James Sydney Roman Catholic with a possible death of NSW BDM 6800/1874  FULLER  JAMES  JAMES    MARY A  NEWCASTLE.  It is not thought that Joseph was a member of this family.
                      
Once in Australia James Connolly seems to have adopted the name Henry Fulham. He is sometimes also referred to as James Fulham (or Fullam).  The death certificate of Henry Fulham's son William Henry (b1848) gives his father's name as James Henry Fulham. This agrees with the death certificate of Henry Fulham(b1816) where he was listed as James Fulham.  The James Fulham is recorded in his death certificate as arriving on the same ship and date of arrival as Henry Fullam (b1816) and thus he must be the same person.  James Connolly, James Henry Fulham, James Fulham and Henry Fulham (or Fullam) all appear to be the same person.

Henry and Mary's children were mostly born in Pyrmont, Sydney although Sarah Ann was born in Maitland.  The baptisms varied between the Roman Catholic and the Church of England.

In the electoral rolls for:
1842-1843 in the district of Sydney and ward of Phillip  is listed Henry Fullem;
1845-1846 in the district of Sydney and ward of Phillip  is listed James Fullam;
1849-1850 in the district of Sydney and ward of Brisbane is listed James Fulham; and
1851-1852 in the district of Sydney and ward of Bourke   is listed James Fullum.  It is believed that these were all the same person.

The following story from two separate papers is likely to be about Henry and Mary Fullam who from the birth records of their children lived for some time in Pyrmont.

Bell's Life in Sydney and Sporting Reviewer (NSW) - Saturday 7 November 1846, page 3
"Pyrmont being in the city, enjoys the protection and guardianship of her Majesty's police force. The functionary who dispenses those blessings to the inhabitants of that neighbourhood is a Mr. Sergeant Fallon, an individual ornamented with a towering nose and a huge pair of whiskers. This Mr. Fallon in the exercise of his authority, on Wednesday last, had occasion to seize upon a female prisoner of the crown, with the view of placing her in the lock up. He went to the house where she stopped, and at once laid hold of her, and was lugging her off, when a Mr. Henry Fulham in the most chival pons manner stepped forward, and offered to go bail for the woman. To this considerate offer the police functionary proved insensible, telling Fulham to mind his own business, and keep himself to himself. Fulham, being rather of a peppery temper, became wroth, and swore "he'd be a -d if he would let her go away," and with that laid hold of her for the purpose of relieving her from the trap's grasp. Fallon, however, proved too many for him, and was lugging off the prisoner just as if she were a bag of potatoes, when Fulham's wife commenced a brisk attack upon him. Now, Mrs. Fulham did not resort to the usual mode of female warfare, that of making use of her nails, and inflicting several ugly scratches upon her antagonist. She adopted quite a different, and, indeed, rather an original style of attack. Fallon, who seems to be exceedingly vain of his nether limbs, is remarkable for having them encased in a very tight pair of blue inexpressibles, which fit him so closely in every quarter as to faithfully develop his proportions, and leave very little for the fancy to dwell upon. In fact, one would fancy that he was melted into them. Mrs. Fulham, aware of his weakness in this respect commenced a most vigorous and successful assault upon the aforesaid inexpressibles - so successful, in truth, that in a few minutes she reduced the most capacious portion of them to a miserable amount of shreds and tatters. Fallon was utterly bewildered at first. He knew not what to do whether to let go his prisoner and protect his unfortunate inexpressibles, or to leave them to their fate and stick to the woman he had in charge. A few more reefs, however, made in them by the indefatigable Mrs. Fulham, left him but one alternative, that of endeavouring to save his garment. He therefore liberated his charge (who made her escape), and, gathering about him what remained of his trousers, took Fulham to the station-house, who was most active in dragging the prisoner from him while Mrs. F. was plying the assault upon his nethers. Fulham endeavoured to asperse the character of the constable, by saying that he apprehended the woman because she would not allow him to convert her house to improper purposes.  The bench, however, saw no reason to credit him, and therefore sentenced him to pay a fine of 40s., or, in default, to go to gaol for 21 days."

Sydney Chronicle - Saturday 7 November 1846, page 3
"ASSAULTING A CONSTABLE. - A young man named Henry Fulham, residing at Pyrmont, appeared on bail on Thursday, charged with assaulting constable Fallon while in the execution of his duty, and with rescuing a prisoner from him. Fallon stated that, between 12 and 1 o'clock on the afternoon of Wednesday, he was taking a female prisoner of the crown to the watch house, when Fulham and his wife placed themselves in front of him, and demanded that he would take bail for his prisoner. On his declining doing so, Fulham swore he would not let her go, and caught hold of the prisoner, while his wife caught hold of him (Fallon) and tore his trousers, and then threw stones at him. In the melee, the female prisoner made her escape, and he lodged Fulham in the lock up. He was sentenced to pay a fine of forty shillings, or in default of payment, to be imprisoned for twenty one days."

Sydney Morning Herald - Wednesday 23 July 1862, page 2
"Moses Bendon, dealer, was committed to take his trial for having, by means of a false pretence, that he was sent by Henry Beal, obtained from James Fullam, of Park street, two pair of boots of the value of 18s. There was no evidence to show that he was not sent by Henry Beal for boots, but it was proved that prisoner pawned the goods immediately or shortly after receiving them. Committed for trial."

Empire (Sydney) - Tuesday 19 August 1862, page 2
SYDNEY QUARTER SESSIONS - Monday
"THESE sessions commenced this day, with a calendar of only six cases for trial. Before Alfred Cheeke, Esq., Judge.
Moses Bindon was indicted for feloniously stealing two pairs of boots, on tbe 31st of July last, tbe property of James Fulham. Verdict, guilty. Sentenced to be imprisoned in Parramatta gaol, with hard labour, for twelvemonths."

Sydney Morning Herald - Monday 12 July 1869, page 8
"TO LET, in Park-street, the SHOP lately occupied by Mr. Fullam, shoemaker.  Apply 8, Bligh-street."

Death: NSW BDM 4591/1872  FULLAM  JAMES  AGE 56 YEARS  DIED LIVERPOOL  LIVERPOOL  Died - 4th August 1872 at Liverpool Asylum, James fullam - Bootmaker,  male 56 years, from Apoplexy, buried on 6th August 1872 at Liverpool by undetaker Thomas Walker, Minister P Young - Church of Rome, Witnesses - Peter Coffee and Charles Wilson, born Ireland per Hercules 1830.

Burial: Roman Catholic Burials in the Parish of All Saints in the County of Cumberland Liverpool
Burial Number 386 James Fullam, Abode - Liverpool Asylum, When Buried - August 5th 1872, Age - 56, Ships Name - Hercules 1830, Profession - Bootmaker

He never had a headstone and was buried alone in the Catholic Section, St Lukes Cemetery Liverpool by a Priest of Rome P Young from All Saint's Church Liverpool.

The Surgeon's Report on the Hercules II 1830

On the 13th June the Hercules arrived in Kingston Harbour from Deptford, and, the prisoners having set fire to the Essex Hulk on the following morning with a view to effect their escape in the confusion 200 male convicts were embarked in the course of the evening.  Of these nearly 60 were under 20 years of age about half from 20 to 30 and the remainder between that and 70.

The City and Country of Dublin furnished more than half of the number including a large proportion of the boys, several of whom, even the boys, had made serious inroads on thin constitutions by their previous irregularities and exercises.  The rest were generally strong robust countrymen, but almost all of them whether city or country inclined to be extremely filthy in their persons and habits.

As the ship did not go to sea till the 3rd July there was time to establish a little order and cleanliness among them, while in the harbour. Immediately after breakfast, when the weather permitted, they were turned up leaving a sufficient number below to clean the prison thoroughly, and then joined their companions as soon as their work was properly done.  They were kept up during the day and frequently dined on the deck in fine weather.  During the voyage the same system was adhered to, only it was necessary to shelter them as much as practicable, from the sun within the tropics, and from the cold on proceeding to the Southward.

We had little serious sickness during the voyage but among men so little accustomed to the use of animal food of any description, the change of diet, on proceeding to sea, naturally produced considerable and very general constipation of the bowels, and on approaching the Tropics many slight cases of fever appeared. Accept in one instance, they proved mainly ephemeral, and generally yielded to a smart Purgative in some few cases the lancet was also used.  Three cases of Ophthalmia occurred, two of them in the same subject.  An attack of Dysentery, the only one during the passage proved fatal to the other after the affection of the eyes had in a great measure subsided. On rounding the Cape of Good Hope on the 15th Sept and afterwards proceeding to the Southward, the weather became cold and the thermometer, at one time came down so low as 40 degrees. Catarrhal affections then prevailed, but generally were so slight as to require little or no medical treatment.

Of the six cases in the proceeding Journal four of them viz 1. 2. 3. and 6 are of no importance and only insisted in consequence of having been in Hospital diet.  No 4 is the case above alluded to of Dysentery and that of a Dublin man who had been a very dissipated character and of a very querulous and irritable temper.  The mercurial treatment with emollient Enematan Blistus and produced little effect, and when collapse took place he sank very rapidly.  No 5 was put on the sick list with Catarrh but afterwards attacked with Symptoms of severe Gastric and Intestinal irritation.  These subsided but recurred at intervals during the remaining seven weeks of the passage and occasioned great debility.  He was sent to the Colonial Hospital at Sydney on our arrival there the 1st November.

From the circumstances mentioned above nearly the whole of the Purgation Medicines have been expended.  The expenditure of other medicines has been comparatively small.

William Martin
Surgeon Superintendent

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Mary REID

Mary Reid - Convict Indent
(NSW State Records Office Fiche: 720, Page: 239, Film: 908, Shelf: x638-9)

Mary arrived in Sydney on 14 December 1836 on board the Pyramus(2) when she was 17 years old.  She was listed as single and a Protestant who could read and write.  Her native place was Down, Belfast and she was able to do "all work". She was tried in Antrim, Ireland for stealing a tub, and received a sentence of seven years.  She is listed as having served 6 years of a former conviction of 7 years at Down Patrick.  One listing has her using the alias of Carr.

She was 4 ft 10.75 inches tall in 1836, with a ruddy and freckled complexion, with brown hair and grey to blue eyes.  She had lost a front upper tooth and had a horizontal scar on the right side of her forehead.

Belfast News - Letter 31 May 1836 p2 and Belfast Commercial Chronical 01 June 1836, p4
Convicts.- the under named convicts passed through Belfast yesterday (Monday) from Carrickfergus gaol, on their route for the hulk at Kingstown, and the females for Cork: they were all clean, in good spirits, and neatly dressed:
Transported for seven years:- Eliza Gaffney, Susan Thompson, Sarah Tully, Mary Anne McCann, Mary Anne Donaldson, Jane Jennings, Mary Reid, Elizabeth Tully.

This does refer to the correct Mary Reid as those recorded on the Pyramus(2)who were in the above list were: Sarah Tully, Mary Anne McCann, Mary Reid, Elizabeth Tully, Mary Ann Donaldson, Jane Jennings

The Convicts Ships Muster (State Records Reel 2426, shelf 2/8274, p 233) of 19 August 1836 lists the Pyramus (2) as having 120 female convicts and 15 children of convicts, 6 free women and 12 children over 10 years and five children under 10 years, a total of 160 parties.  The Pyramus (2) that arrived in Sydney on 14 December 1836, sailed from Cork, Ireland on 20 August 1836, a trip of 116 days.  The ship left with 121 females.  The master was George N Livesay with a surgeon of Obediah Pineo.

Mary was assigned to Elias Ellis (see below) and his wife Rebecca Ellis (Roseman) who lived on the corner of Pitt and King Streets Sydney.

In the convict muster of NSW in 1837, Mary Reid, aged 17 of the Pyramus (1836) was shown as having Elias Ellis of Sydney as her master.

Elias and Rebecca Ellis were early Jewish migrants to Australia.  They arrived from England in the 1820's and made their home on Pitt Street in Sydney.  Louis Ellis became sheriff of Victoria and his daughter Constance one of the first woman doctors in Australia. Sydney Morning Herald, Friday 2 May 1845 - "Following is a list of all the publicans' licenses granted up to yesterday afternoon, inclusive. The meeting was adjourned at 5 p.m., till today, when several applications which were postponed will be taken into consideration. All the publicans whose applications have been granted are required to attend at the Police Office today or tomorrow, to execute the necessary bonds.
53 Elias Ellis, Freemasons' Arms Hotel, Pitt and King Streets, Sydney (61 Pitt St)."

Government Gazette
Tuesday 9 September 1845
"In the Insolvent Estate of Elias Ellis Pitt Street, Sydney Liccensed Victualler
I herby appoint a special meeting of the creditors in the above estate, to be holden before me at the Supreme Court House, Sydney on the 7th Day of October next to commence at 11 AM and end at 11.30 AM for the creditors in this matter."

[SR Reel 734 4/2391.5]
List of persons applying for the Publication of Banns at the Roman Catholic Church Hyde Park - 20 April 1838
James Connolly alias Henry Fulham (Fallain) 22 Bachelor  Hercules   1830  7 years free by servitude
Mary Reed (Reid)                            19 Spinster  Pyramus(2) 1836  7 years Bond assigned to Mr Solomon - Allowed

Marriage: NSW BDM V1838433 126/1838 Henry Fulham to Mary Reed in Sydney, St Marys, Roman Catholic church on 14 May 1838. Witnesses were James Kelly and Elizabeth Thomas.

A Note from her master at the time of her marriage [SR Reel 734 4/2391.5]:
"Sydney   April 16-1838
I do give leave to my assigned servant Mary Reed to get married to James Connolly if free man.
Israel Soloman
George Street"

Henry and Mary had five children: Mary Ann b1839; Sarah Ann b1840; Charlotte b1842; William Henry b1845 and Hannah b1846.

Sydney Morning Herald - Friday 2 May 1845 - "The following is a list of all the publicans' licenses granted up to yesterday afternoon, inclusive. The meeting was adjourned at 5 p.m., till today, when several applications which were postponed will be taken into consideration. All the publicans whose applications have been granted are required to attend at the Police Office today or tomorrow, to execute the necessary bonds.
17) Israel Solomon, Crooked Billet Hotel, George Street, Sydney"

As her second daughter was born at Glendon Hunter River in December 1840 it is likely that Mary spent some time on this property assigned to Helenus Scott. A land grant of 2000 acres granted to brothers Robert Scott (1799-1844) and Helenus (1802-1879). Their combined estate, Glendon, on the Hunter River near Singleton.  This was enlarged by later purchases to about 10,000 acres. The brothers bred blood horses and by 1832 had more than 300 at Glendon as well as colonial-bred stallions and dams of high quality, established the Scotts’ reputation as stud-masters. Although the Glendon horses were dispersed in the 1840s they laid sound foundations for the first of the great Hunter Valley thoroughbred studs.  It is understood that the Scotts of Glendon were great users of Convict labour right up till 1844.

Helenus Scott and his brother Robert Scott arrived from India in 1822 and were granted land at Wallis Plains near Singleton in 1823, which they named Glendon on Glendon Brook, which enters the Hunter River from the north a little downstream from (east of) present day Singleton. With convict labour they built of stone the largest house in the district, in two sections it consisted of six large rooms with connecting covered verandah, with stone-flagged cellars for wine storage and the grinding of corn. Two huge fireplaces in the basement kitchen, which was fifteen feet below the surface, and protected by a stone wall. The Scott brothers were granted 4,150 acres of land on the banks on the Glendon River, a tributary of the Hunter River. They combined and managed their grants as one under the name Glendon Station. The estate was sold in the 1840s following a series of financial failures and Robert's early death at Glendon in 1844 aged 45. The depression of the 1840s and his family's involvement in the failure of the Bank of Australia left him almost penniless. He sold Glendon and settled permanently in Newcastle with his wife Sarah Anne, née Rusell. He died on 24 August 1879 at the Newcastle police barracks and was buried at Glendon. The Scott brothers came to New South Wales eager to make quick fortunes and to return home. They failed in this ambition and left no concrete contribution to the colony's progress save their thoroughbred stud. Contributing also to the financial failures was the loss of Convict Labour which without, Glendon Station could not survive.

Mary Reid's Certificate of Freedom (SRRef 4/4376. Film 1012) No. 42/1609 was issued on 15 September 1842. This also confirmed that she arrived on the Pyramus in 1836 from her native place of Belfast.  She was listed as a servant. Her original offence is now advised as stealing linen and her trial was on 1 July 1835 in Antrim.  She received a seven year sentence. The listed year of birth of 1819 is consistent with her being 17 in 1836.

In 1842 she is listed as 5 ft 2 inches tall with a fair ruddy and freckled complexion, brown hair and hazel eyes. Her nose was a little cockeyed and she had D H M R indistinctly marked inside her lower left arm with M R inside her left wrist. She had a scar on the ball of her left thumb with an M and scar near the knuckle of her forefinger of her left hand.

The Certificate of Freedom also remarks that she was the wife of James Connolly alias Fullam per Hercules 4. (note: James Connolly alias Henry Fulham arrived on the Hercules 2 in 1830)

Sydney Morning Herald - Tuesday 28 October 1845, page 3
"POLICE COURT BUSINESS: Monday ... Mary Fulham, for fighting at Pyrmont on Sunday, and stabbing her husband in the arm, was remanded till to-day."

Sydney Morning Herald - Wednesday 29 October 1845, page 3
"POLICE COURT BUSINESS, TUESDAY. - Mary Fulham, for a violent assault,..."

The death of Mary Fulham has not been identified.
Possible death references are, V1855307 155/1855  FULLER  MARY A  AGE 33,
                                      6385/1876  FULLAM  MARY M  WILLIAM MARGARET  GOULBURN


Note on defraud of Elias Ellis below:
[forgery - Bank of Australia - identity, proof of]
R. v. Welsh
Supreme Court of New South Wales
Dowling J., 5 May 1834
Source: Sydney Herald, 8 May 1834[1]

Edward Welsh stood indicted for forging an order on the Bank of Australia for the payment of money purporting to have been drawn by George Cox, with intent to defraud Elias Ellis, of Sydney, on the 3d of January last. A second and third count charged the prisoner with uttering the said order, knowing it to be forged.

The prosecutor deposed that he keeps a general shop in King-street.  On the morning of the day laid in the indictment, about the hour of 10 o'clock, the prisoner came into his shop and priced some shirts; he said he would take half a dozen if witness would accept of the order for 2 pounds 10s. in payment, which he produced; witness having hesitated, the prisoner said, ``Oh if you don't like it, don't take in, the bank is now open, and I can get it cashed;" witness, judging from the off-handed manner of the prisoner and the smallness of the sum, that it was correct, gave him the half dozen shirts, which left a balance of 4s. in prisoner's favor, which prisoner said he would want to pay his expences [sic] on the road up the country; the prisoner gave his name Deane, which name was on the body of the order.  A short time after prisoner had left he shop, witness had a misgiving, as to the validity of he order, and lost no time in taking it to the bank, where it was immediately pronounced a forgery; witness having observed the direction taken by the prisoner on his leaving his shop, went in search of him, and came up with the prisoner in Market-street, who, from his appearance, he judged to be the person he was in search of; witness accosted him, saying, ``that is a forged order you gave me at my shop just now," when the prisoner exclaimed, ``me! Why I never was in your shop in my life, who are you, I don't know you, you may take me if you like, I'll go any where with you; but you may depend upon it I'll make you smart for accusing me of such a thing;" the prisoner walked quietly with witness until they came to the police office, when he gave him in charge on suspicion only, although satisfied in his own mind, that he was the man; yet, as he had treated the matter with so much indifference, he was anxious to avoid the hazard of a mistake, as there might be a possibility of his being deceived.  The prisoner readily told where he resided, and accompanied witness and a constable to the house; but his mother being out the house was secured; he expressed his readiness to break it open, in order to its being searched, but the constable objected to that course.

Constable Matthews deposed to the above-mentioned circumstances; the prosecutor said, after looking attentively at the prisoner, ``the more I look at that man, the more I am convinced he is the same person who came to my shop with the forged order, and I therefore give him into your custody, on that charge."

Two witnesses were called who deposed to the order not being in the handwriting of Mr. Cox, there was not the slightest resemblance.

His Honor implored the prosecutor, as the question of identity rested solely with him, deliberately to consider, whether he might not possibly be in error, as it hazarded the perpetual banishment of the prisoner.  The prosecutor said that he had not a shadow of a doubt as to his identity; he regretted the necessity of appearing under such circumstances; it was painful for him to reflect on the consequences to the prisoner, but he was positive that he was the man.

A witness was called who deposed to the general good character of the prisoner, having known him from his boyhood.

His Honor after recapitulating the evidence, and pointing out the hesitation of the prosecutor in the first instance in coming to the conclusion that the prisoner was the man, and his mind having received that impression, as it were by degrees, observed to the Jury, that there was no question in which more melancholy errors had developed themselves, than that of identity; and as they had to depend solely on the evidence of the prosecutor, involved as it had been in doubt as to the identity of the prisoner, it behooved them to weigh fully all the circumstances, and if any doubt arose in their minds, to let the prisoner have the benefit of it.  His Honor related an anecdote which had occurred in his own experience, which proved the infirmity of human judgment in this important matter.  Sir Charles Bunbury on crossing Hounslow Heath, accompanied by three servants, was stopped by a highwayman and robbed; a man was apprehended on suspicion, and his identity most positively sworn to by Sir Charles and his three servants; on such a body of evidence, who could entertain a doubt? The unhappy man was condemned and executed at the Old Bailey, asserting his innocence to the last; but it was afterwards most satisfactorily proved, that he was innocent; and a highwayman who suffered a short time after, declared on the scaffold, that he it was, who had robbed Sir Charles, and stated such particulars, as placed it beyond a doubt.  With these circumstances before them it was for them to say what confidence was to be placed in the judgment of the prosecutor, who was a respectable citizen, as the identity of the prisoner.  The Jury returned a verdict of Not Guilty.

Notes
[1] See also Australian, 9 May 1834.  The trial notes are in Dowling, Proceedings of the Supreme Court, State Records of New South Wales, 2/3279, vol. 96, p. 115.

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8. William Henry FULHAM

Birth: NSW BDM V1845102 31A/1845  Fullem  William Henry father-Henry mother-Mary,  Sydney, St Phillip's, Church of England, baptised 8 March 1846, Born 10 April 1845 in Pyrmont, Father was a Shoemaker.

Very little is known of William Henry Fulham, known as Henry, other than that he learned his trade as a Bootmaker from his father. He was a quite, gentle man and was very close to his elder sister Mary Ann and was a very much loved Uncle to the children of James Alexander Keeley and Mary Ann Fulham so much so that upon his death on the 12 November 1896 he was buried alongside Albert A Keeley and Alice Maud Keeley two of James Alexander and Mary Ann Keeley's children.

Henry never married and after the death of his father he lived at 28 Burren St. Erskineville with his neice and her husband, Florence Ada Payne (nee Keeley) and Walter Payne.  Henry was buried on the 14 November 1896 at Rookwood Cemetery Church of England Section E, Grave 319 that was purchased by James Alexander Keeley on 14 November 1896. Also buried in this family grave is Alice Maud Madden daughter of William James Madden and Elizabeth Ann Keeley who died 16 January 1891 at Newtown aged 17 months.

Death: NSW BDM 14606/1896  FULHAM  HENRY  JAMES H  MARY  NEWTOWN
Henry's Death Certificate says he was a boot-maker who died at 28 Burren St Erskineville on 12 November 1896.  W Payne his nephew (in-law) also of 28 Burren St registered his death.  Henry was a partner and his father was listed as James Henry Fulham also a boot-maker.  The death certificate references "Coroners order dispensing with inquest" and that he died of heart disease.  It is understood that he died suddenly and that was why an inquest was considered.

Sydney Morning Herald - Friday 13 November 1896, page 4
"SUDDEN DEATH AT ERSKINEVILLE. - Yesterday afternoon Mr. Harry(sic) Fulham, aged 48, residing at 28 Burren-street, Erskineville, died suddenly at his residence. A relative, Mrs F. Paine(sic), found him lying dead on a sofa."

The Daily Telegraph - Sydney Saturday 14 November 1896
FUNERALS
FULLAM - The friends and relativies of Mr. HENRY FULLAM are kindly invited to attend his funeral; to move from his sister's residence, Mrs. Kieley, 28 Burren st. Erskinville, at 2 o'clock THIS(SATURDAY) AFTERNOON.

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9. Hanah FULHAM

Birth: NSW BDM V1846206 63/1846 Hanah Fulham, Henry Fulham, Mary Reid, b 21 Feb 1846, c 25 Mar 1846, Abode - Pyrmont, Roman Catholic

Death: NSW BDM V1846605 115/1846 Hannah Fulham buried 26 Mar 1846 Pyrmont, 2 years, Native born, Sydney, St James', Roman Catholic

It is suspected that the entry of "2 years" in the death record may be an error and should say "2 Months".  It is presumed that Hanah died on 25 March 1846 having been baptised on that day and buried on the next.

Hannah's burial service was conducted by the Rev. James Young of the Roman Catholic Church, took place on 26 March 1846 at the Devonshire Street Cemetery more commonly known as the Sandhills.  Devonshire street Cemetery officially closed in 1868 to make way for Central Railway Station. In 1901 at Government expense the majority of the coffined remains were re-interred at the Bunnerong Cemetery. Some were moved to Rookwood and Camperdown Cemetery, South Head, Waverley and Gore Hill.

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