33054-002178

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[top LH corner] 33/1110_ 8 February 1833.

[top RH corner] 17

Sydney Febr. 4th, 1833

May it please your Excellency,

I venture to intrude myself upon your Excellency's attention on behalf of a poor old man, because I feel assured that the measure of punishment meted out to him (convict tho' he is) far exceeds the nature of his offence, and is inflicted without your Excellency's knowledge.

The individual to whom I allude is Dennis McHugh and as the case of this unfortunate man has been frequently before the public, I will not again detail its merits, assuming that they are already known – I have however received a letter from McHugh stating that he is under orders for Port Macquarie having only just returned from Moreton Bay and beseeching me to procure for him the means of entering into private service.

It is furthest from my wish to contravene any regulations of the Government, but I beg respectfully to represent that had Dennis McHugh been sentenced legally at the time he was sent to Moreton Bay, his sentence would long 'ere this have expired, and he would h[ave] been asignable in the ordinary manner to pr[oving] applicants - the mere circumstances of his [life] having become notorious in consequence of [what] he experienced should not I submit

His Excellency

The Governor

&c &c

[written on a folded corner bottom right, different hand]

Let me

have this

mans case and

[details] by return.

6 Feb 33

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of the ordinary course being changed for the purpose of subjecting him to greater hardships than could otherwise fall to his lot – the address of this individual to me, and the knowledge that his case became notorious, through the instrumentality of a member of my own family forms my apology for the present application, and I do earnestly request that your Excellency will be pleased for humanity sake to allow McHugh to remain in Sydney, or if that is impossible, that he may be assigned to me for agricultural employment at a distance from Town.

I have the honor to be

Sir

Your Excellency's

Obedt. humble Servt.

Francis Stephen

[diagonally from bottom LH page, different hand]

Let me

have this

Mans case and

if possible by return

of Post.

[Initial, JB?]

July 6, 1833

[different hand]

Prepared accordly 6 Feb 33

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To be informed that McHugh is not sent to Port Macquarie for punishment, but for his benefit. That his character is very indifferent and it is thought horrible to remove him from bad connexions in Sydney. That he will be assignable for service in Port Macquarie as elsewhere in the Colony if he shall be found fit for it and that he will receive there such indulgence as his conduct and time of life may claim. That I regret I can not comply with Mr Stephens request to asign McHugh to his service without breaking thro' a Rule I have made not to interfere with the province of the Board appointed to assign Convicts.

July 8 1833 [Initialled]

[pencil]

Mr Fras. Stephen 8 Feb 33

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Dennis McHugh or McHue Providence in 1811. Life

Tried by the Sydney Bench 16th February 1822 for receiving stolen property, and sentenced a be transported to Port Macquarie for the remainder of his original sentence.

Returned to Sydney under the Proclamation of General Darling June 1826.

From that time to September 1828 was repeatedly under the notice of the Police for minor offences, but on the last mentioned date for wilful and corrupt perjury in a case of stolen notes of the Bank of Australia (in the robbery of

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of which there is very good reason to believe he was implicated) he was convicted and sentenced by the Sydney Bench to 3 Years Transportn.

This sentence however appears to have been quashed by the Supreme Court on legal grounds as the perjury being committed in the office of the Bank, although before one or more Magistrates was deemed extrajudicial, and McHugh was discharged.

It being known altho proof could not at the time be adduced sufficient to

Last edit about 1 month ago by Bruce Laidlaw
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