On this Sunday, even her church was unsafe. Largely made up of Scots, the Presbyterian ministry was harboring a severely wounded Peter Lalor, and women from her congregation were helping to save his life and amputate his shattered arm. Both political hero and hopeless romantic, the insurgent was known for having walked the hundred-mile roundtrip journey from Ballarat to Geelong to see his beloved fiancée, Alicia Dunne. With a huge price on his head after the Eureka battle, the fiery Irishman was smuggled from the Presbyterian Church back to Alicia’s Geelong home. When amnesty was declared and Lalor’s wounds healed, grateful diggers elected him to Victoria’s first legislative assembly.
What started as a dispute over licensing fees became a protest for human rights. Within a year, nearly all the miners’ demands were met, including suffrage for men, abolition of property requirements for membership in Parliament, equal electoral districts, and the abolition of diggers’ licenses. The “Gold Licence” rules were replaced by “a Miner’s Right for an annual fee of £1, and an export levy on gold. This Right gave the diggers title deed to their claims, allowing them to establish permanent dwellings, and a permanent sense of community. Commissioners were replaced with mining wardens and military rule was abolished on the goldfields forever.”38
The Eureka uprising ended with the trial of the century. Charges of treason against the protesters carried a death penalty, but no jury would bring a guilty verdict. Every deliberation brought unexpected acquittals for those taken prisoner. Huge crowds gathered around the courthouse and cheered exultantly. One by one, rebels were acquitted and paraded through the streets, as ten thousand miners carried the exonerated on chairs above their heads. The first of those acquitted was John Joseph, a black American from New York, a man the United States had left to fend for himself after the embassy helped free the four white Americans arrested at the Eureka Rebellion.
A few years after the trial, Agnes, William, and the children headed north with their gold safely hidden in the wee ones’ “nappies.”39 Invigorated by newly won freedoms, they raised their tent poles and began mining the fields at Campbell’s Creek. By this time, most gold deposits accessible to single prospectors had been harvested, so it was much more difficult to make a go of it alone. Larger deep-shaft mines like the “Hercules,” the “New Moon,” and the “Deborah” took over the mining fields.40 Mullock (waste) heaps and towering structures with poppet legs now dominated the skyline across Victoria’s central plains. Within a short time, the wandering Roberts contingent packed up and went on the move again. This time, they were hunting for “red gold.”
The red cedar forests seemed the ideal place for William to find work, since loggers had founded the community of Lismore. He’d earned the right to buy land, and his family needed a place to call their own. They’d spent too many years living under canvas. It was time for William to put down his pick and sharpen his ax. Huge fortunes were being made from timber stands along the Richmond River, and finding a good tree to fell was certainly easier than searching for a deeply entrenched gold nugget. It would be a long journey up to the Gold Coast, but the children were older now, and the solitude of the rain forest seemed preferable to the strife at the diggings. William purchased a sawmill, and Agnes gave birth to two more children: Caroline in 1858 and Joseph in 1860.
The fervor of gold fever had subsided by Christmas 1869, when Agnes and William sat on the veranda looking out on their grandchildren with pride and delight. Life on the frontier was still rough and the world was changing around them. Agricultural development had taken over the “Big Scrub.” The forests had been cleared, and the rich stands of red cedar were nearly depleted. Springing up in their place was a new generation of children who knew nothing of their grandparents’ past.
Agnes McMillan’s journey had taken her from the murky industrial wasteland along the Glasgow wynds to the subtropical Richmond River Valley, dense with palm trees, leafy ferns, waterfall gorges, and wild orchids. Nestled in a remote timber settlement, with more ducks and black swans than people, the wilderness provided her family with everything they needed. Streams plentiful with eel, cod, bream, lobster, and perch fed a growing brood, which now included seven grandchildren. Wild game from the bush—plover, quail, and scrub turkey—also topped their cedar table, readily adorned with bowls of raspberries and wild bananas. The former street urchin could never have dreamed of the holiday feast that now lay before her. Gone were the days of singing for pennies on the Green or making choices between starving and stealing.
Though she’d followed a separate path and settled more than a thousand miles from her beloved Janet, Agnes never lost sight of the unflinching loyalty that had sustained them through their tumultuous coming of age. The two Scottish lasses had been through it all: the drudgery and filth of the wool mills, the degradation inside Newgate, a terrifying and treacherous sea journey, and finally the prison where Janet suffered the loss of little William. They would still endure tragedy from time to time.
In 1853, the year transportation ended in Van Diemen’s Land, there was little triumph for Janet. Within ten days in October, she lost two sons, eight-year-old James and three-year-old Arthur, victims of scarlet fever. By Christmas 1869, the now-greying redhead had given birth thirteen times, buried three children, witnessed the marriage of her two oldest sons, and welcomed into the world at least one grandchild. Her son William celebrated his heritage when he and his wife, Dinah, christened eleven of their twelve children with the middle name Freeman. With a touch of humor and perhaps a bit of irreverence toward British rule, they named their ninth child Charles Napoleon (Warrior) Bailey.
Ludlow, too, had relied on an unshakable bond, hers between mother and daughter. It had carried them from a Christmas inside Newgate Prison through their journey to a land “beyond the seas.” Though she’d been forced to suffer a five-year separation from Arabella in Van Die-men’s Land, Ludlow now heard the sound of laughter, from three generations, echo through the ironbark forest in Sandhurst, Victoria. Mother and child had arrived in Van Diemen’s Land with nothing, but by 1869, both owned property in a thriving township stirring with commerce from banks, hotels, watchmakers, grocers, music halls, and a bowling alley.41 After the miners’ rights were won, Arabella’s husband, Isaac, continued to work the diggings, while his expanded family settled down in a quiet country cottage just outside Bendigo proper. With Ludlow by her side, Arabella gave birth to five more children: four girls and a boy.
At age thirty-seven, Arabella became a widow in 1867, when Isaac passed away at age sixty-three. Twelve years later, she wed a widower named John Oliver. Her grandchildren, like many in Sandhurst, still found specks of gold in the dirt after a hard rainfall. Arabella lived to age eighty-eight, enjoying life as the matriarch of four generations and remembered in her 1918 obituary as “a well known and highly esteemed resident of the Golden Square district.”42
Pursuing ordinary lives twelve thousand miles from their homeland, Arabella, Ludlow, Agnes, and Janet helped shape an emerging culture with traits born of their extraordinary past. With iron wills forged in a crucible of greed, injustice, punishment, and prejudice, these survivors refused to be broken. When transportation ended, convict women and men constituted about 40 percent of Australia’s English-speaking population.
Bold women sent to a wild land against their will—Agnes McMillan, Janet Houston, Ludlow Tedder, and twenty-five thousand others—wove the rich tapestry for a nation’s future. Whether Irish, English, or Scottish, it didn’t matter where they were from or why they were transported. The winds of change had blown away much of the past. Under the Southern Cross, healing had begun. They were all Australians now.
APPENDIX 1
Agnes McMillan
Description List (Westmoreland, AOT CON 19-1-14 p. 438)
Transcription provided by Female Factory Research Group
Conduct Record
PoLICE No. 253
Millan Mc Agnes
Westmoreland 3 December 1836
&nb
sp; Ayr Court of Justiciary 3rd May 1836 7 years
Transported for theft, habit, repute and previous convictions.
Gaol Report: twice before convicted, bad character, single.
Stated this Offence: robbing a shop; tried with Houstan on board, [previous convictions] once for Housebreaking 18 months, once 60 days for theft; 3 years on the town; single. Surgeon’s Report: bad.
22 March 1837 (Donahoo) Absent without leave & insolent - Crime Class 3 months & not again assigned in Town (PS*)
3 November 1837 (Parker) Disobedience of orders - 2 months Crime Class (HBT) Hobart vide Lieutenant Governor’s decision 11 November 1837
8 September 1838 (Sweet) Refusing to return to her service - cell 10 days on bread & water & returned to her service (PS)
28 September 1838 (Harvey) Out after hours - cell on bread & water 6 days & returned to her service (PS)
8 October 1838 (Harvey) Absent without leave & taking 2 young children with her - Crime Class 1 month, first 6 days on bread & water (PS)
7 December 1838 (Palmer) Absenting herself without leave - hard labour at the wash tub for 2 months sleeping in a cell at night (PS)
25 February 1839 (Evans) Absenting herself without leave - 7 days cells on bread & water (RCG)
3 April 1839 (Ross) Absent without leave - returned to Government & not to be assigned in any township (WHB)
17 June 1839 (Amos) Absent without leave - 2 months in the Crime Class, Female House of Correction Hobart & recommended to be assigned in the Interior (BB & JH)
13 October 1840 (Walker) Insolence - 14 days solitary confinement (JW)
30 March 1842 (Nursery Liverpool Street) Absent without leave and representing herself to be free - 4 months hard labour in the House of Correction (WG)
22 February 1843 (McDonald) Absent 2 nights and a day without leave - 3 months at the wash tub (PS)
Free Certificate No. 388 1843
2.4.39 Richmond office 28.7.40 Richmond 4.8.40 Oatlands office 24.4.43 Police Superintendent
*These are the initials of the sentencing magistrate, which in this case is the Principal Superintendent. Agnes was imprisoned at Cascades Female Factory on each occasion.
Transcription provided by Female Factory Research Group. Reference: AOT, CON40-1-8 p.9
Description List (William Miles, AOT CON 18-1-21 p. 76)
APPENDIX 2
Janet Houston
Description List (Westmoreland, AOT CON 19/1/14 p. 415)
Conduct Record
PoLICE No. 284
Houstan Janet [name misspelled in record]
Westmoreland 3 Dec 1836
Ayr Court of Justiciary 3 May 1836 7 years
Transported for Theft habit repute and previous conviction. Gaol report, bad character before convicted twice. Single Stated this offence, Theft stealing money at Ayr, 4 times convicted for Theft, 60 days twice, 6 months twice, four years on the Town, single, Surgeon’s report, orderly
Aug. 12, 1837 Mrs. Ray/disobedience of orders. Cell on bread and water 3 days returned to service / P.S.
July 24, 1838 Ray /Insolence to her Mistress. returned to the factory for country assignment / P.S.
Nov 7, 1838 Rev W. Orton / Absent all night without leave Rep@ / W.G. (Rev Joseph Orton is Chairman of the district, Institute of Wesleyan Ministers)
Nov 14, 1838 Orton/ Absent all night without leave and found in a disorderly house Sentence - working cells for one month, first six days on bread and water thru assignment in country/ P.S.
Dec 20, 1838 Ratcliffe / Disorderly conduct
March 23, 1840 Misconduct
Aug 2nd, 1841 Misconduct living in a state of adultery with a free man / being advanced in pregnancy / 12 Months Labor Female House of Correction
March 17, 1842 Misconduct 6 days of solitary
May 3, 1843 - Free Certificate #339
Reference: AOT, CON 40-1-6 p.9
APPENDIX 3
Ludlow Tedder
Description List (Hindostan, AOT CON 19/1/13 p. 299)
Transcription provided by Female Factory Research Group.
Conduct Record
POLICE No. 151
Tedder Ludlow
Hindostan 11 September 1839
Central Criminal Court 17 December 1838 10 years
Transported for larceny. Gaol Report: poor connexions. Surgeon’s Report: the most attentive & best behaved on board doing duty as nurse; widow & 5 children. Stated this Offence: stealing plate from my master Mr F Kenneth, Keppel Street on Banister; widow & 5 children.
22 June 1842 (Nursery, Liverpool Street) Misconduct in taking advantage of her situation as nurse in the Hospital at the House of Correction to obtain articles & money for the purpose of clandestinely delivering the same to “Eliza Morgan,” a prisoner of the crown then in confinement, the articles having been obtained from Mr Smith in Elizabeth Street - 12 months hard labour in the House of Correction and to be placed in the separate working cells until the Lieutenant Governor shall be pleased to consider her case (PS)
Confirmed this female was placed in a situation of great trust under promised indulgence of the Principal Superintendent considering her to be a fit subject, to be placed under this sentence to separate confinement vide Lieutenant Governor’s decision 23 June 1842.
Ticket of Leave 15 May 1844
Conditional Pardon for Australian Colonies recommended 27 May 1845
Approved 22nd May 1846
Certificate of Freedom 21 December 1848
28.4.42 Principal Superintendent office 25.6.42 Principal Superintendent office 8.6.43 Superintendent 13/2/44 Morven 29.2.44 Principal Superintendent 8/3/45 Launceston
Transcription provided by Female Factory Research Group. Reference: AOT, CON 40-1-10 p. 113
APPENDIX 4
Bridget Mulligan
Description List (Blackfriar, AOT CON 19/1/9)
Transcription provided by Female Factory Research Group.
Conduct Record
POLICE No. 1231
1 MARCH 1855 NEW NoRFoLK
Mulligan Bridget
Tried Co. Cavan 1 March 1850
Embarked 10 years
Arrived 29 May 1851
Roman Catholic neither read nor write
Transported for having stolen goods in possession. Gaol Report: never convicted before, very good, single. Stated this Offence: receiving a milk can prosecutor unknown at Cavan. Single. Surgeon’s Report: very good.
Services: 5 June 1851 Brickfields Hiring Depot; 17 October 1851 House of Correctiona; 10 November 1851 Brickfields Hiring Depot; 30 January 1852 H Martyn, Battery Point; 20 August 1852 Brickfields Hiring Depot; 11 September 1852 John Gill, Davey Street; 15 October 1852 House of Correction; 12 November 1852 J Bandall, New Norfolk; 18 March 1853 Mr Charles Menzie, New Norfolk; 12 July 1853 J Randall, New Norfolk
Offences & Sentences 3 January 1854 Marriage with George Jones approved.b Ticket of Leave 1 May 1855 Ticket of Leave revoked 15 March 1859 absent &
Certificate of Freedom to self 1 December 1862.
Transcription provided by Female Factory Research Group. Reference: AOT, CON 41/1/30 Blackfriar
Description List (Tortise 19 Feb 1842, AOT CON 18-1-30 p. 80)
APPENDIX 5
Rules and Regulations for the Management of the House of Correction for Females
HOBART TOWN COURIER
Saturday 10 October 1829, page 4
Rules And Regulations
(The regulations for the management of the House of Correction for females being in themselves so excellent, and so many of our readers having expressed a desire that they should be printed in the Courier, we have determined, though they occupy a very large share of our Journal of this week, to give them at large.)
1. A House of Correction having been erected for the reception of Female Convicts, and for the punishment and reformation of female offenders, the following rules and regulations are to be observed for the due management of the establishment,
2. The Principal Superintendent
of convicts being a magistrate, is charged with the general direction of the house of correction. He is to visit it daily for the purpose of hearing and determining offences committed within the walls, of seeing that all the records hereinafter described are correctly kept, of examining minutely into the state of the establishment, and of issuing instructions in writing, to the superintendent upon all such matters as requite his interference.
3. He is to countersign all requisitions, examine the accounts, (and certify that he has so done) as well of the articles supplied for the use of the establishment, as of those manufactured by the women, and he is to transmit such reports and returns as shall place the Lieutenant Governor in possession of the requisite information as to the increase or decrease of crime amongst the female convicts, the quantity of work performed, the general state of the establishment, and most especially the expense of the institution.
4. He is to submit, for the more efficient control, or for the reformation of the females, such measures as he may be enabled from time to time to suggest from his own observations, or from the information of the superintendent; and on the Lieutenant Governor’s sanction being notified to him by the Colonial Secretary, he is to record the instruction in order that it may thenceforth be observed as a standing regulation of the establishment.
The Tin Ticket: The Heroic Journey of Australia's Convict Women Page 31