Johanna (Burns) Rigby (1820 - 1877)

Born 1820 in Ireland [uncertain]

Wife of George Rigby — married 8 Nov 1851 in St Peters, New Norfolk, Tasmania, Australia

Descendants

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Convicts After the Third Fleet

Biography

Johanna (Burns) Rigby was a convict after the Third Fleet.

Birth

Johanna was born somewhere between 1819 and 1822, the eldest known child in her family. Her parents were Irish and possibly she was born in Ireland. She was, however, living in Surrey in England from an early age.

The London Years

Johanna grew up in a crowded tenement of struggling Irish immigrants. Her father was a labourer.

Johanna learned to read and write.

Her teenage years are not known, but by the age of 20 she was a prostitute. She was gaoled one month for, in her own words, "A row". She was gaoled again, for two months, for another row. Later still, she was in gaol for 3 months for stealing a gown, in Surrey.

Although she apparently in England in 1841, she appears to have no entry in the 1841 UK Census.

The earliest concrete evidence of her existence is after Johanna's arrest for pickpocketing, along with another girl, Elizabeth Brown. She was tried at the Old Bailey on 8th April 1844.

Johanna's Trial

In this trial (see below for transcription), Johanna comes across as being alert and quick to speak on her own behalf. Her given age varies a little across the records but she was, at this time, about 22 to 24 years old.

Elizabeth Brown appears to be someone Johanna knew already.

Prison Life

The trial concluded in April 1844 and Johanna's ship (The Tasmania) sailed from London on the 08 September 1844. Presumably she was in gaol in London in the intervening period.

One year before Johanna's conviction, the system of convict transfer had been reviewed and changed, with the intention of phasing out the hulk ships. Prisoners were now kept in gaols and the process of embarkation was changed.

From a prison review in the Morning Chronicle Aug 1844:

The Convict Ships now, in all cases, receive the prisoners on board at Woolwich, and by the regular periodical transmission of the convicts, in one body and at one time to one point ...

..... the ships are fitted up with movable berths, so that the prison deck can with ease be thoroughly cleaned. Illuminators are introduced on each side of the deck, extending the whole length of the ship, so that sufficient light is afforded to enable the prisoners to read, write, or work. There are, during the day, tables and seats for the convicts, in messes of eight together; and at night each prisoner has a sleeping-berth. These new arrangements secure the ship from being over crowded, as was formerly the case, and health, cleanliness, order, and discipline, are greatly promoted.

..... As convicts accumulate in Millbank Prison, they are despatched by ships ....

From the West Kent Guardian 24 Aug 1844:

TASMANIA, female convict-ship, to embark convicts at Woolwich for Sydney

Note - It was common in the English newspapers to transpose locations such as Hobart, Sydney, New South Wales, Van Diemen's Land. To the English news staff, they were all much the same place.

While the following article is not about Johanna, she was there at the time:

From The Morning Post 11 September 1844

MELANCHOLY DEATH IN THE PENITENTIARY

Yesterday Mr Higgs held an inquest in the Millbank prison, on the body of Charlotte Pollard, aged fifteen, a convict. Evidence provided - On the 4th of last July she was convicted of larceny from a shop, and sentenced to seven years' transportation. On the 15th of the same month she was received into the above prison, and on the 29th ultimate, with a draft of other prisoners, she was sent on board the Tasmania convict-ship, lying off Woolwich. She was a very delicate girl when first admitted into the prison, and on the 2nd ult. was attacked with diarrhea, from which she recovered on the 22nd, and was in her usual health on Thursday, the 29th, when she was sent on board the Tasmania. The change of scene seemed to delight her, for on the following day (Friday) she amused herself with dancing on the deck of the vessel. On Saturday she had a spasmodic attack, and on the Monday following, the 2nd inst., the surgeon of the vessel, as the only means of saving her life, sent her back to that prison, in which she died on Sunday last of inflammation of the lungs, caused, her constitution being very delicate, by the sudden change from the warmth of the prison to the damp chilly air of the river. There was no blame on the score of humanity to any of the authorities who had charge of deceased. Verdict: "Died of inflammation of the lungs".

No information regarding the journey have come to light, but we know the journey took three months, arriving in Hobart Town on 20 Dec 1844.

Arrival in Hobart Town

Johanna's surgeon's report on arrival was 'Quick". This fits with her demeanor through her trial and gives an impression of an alert young woman, with no fear of authority (possibly no respect for). A woman used to watching out of herself, since she has no hesitation in coming to her own defense when required.

She also stated that prior to her arrest she had spent 'Two years on the town". This was a common euphemism for prostitution.

She gave her religion as protestant.

On her description report, Johanna's trade was given as 'House maid". This was possibly her chosen trade, but more likely the colonial office's choice for her years in servitude.

Johanna was 5 feet and 2 inches tall. Studies in epidemiology have linked a person's height to their childhood living conditions, but to use this as an investigative tool would require knowing the height of all family members. However, it seems plausible that Johanna's childhood was not optimal.

The remainder of Johanna's description list is as follows:

Complexion: Brown
Head: Oval
Hair: Dark Brown
Visage: Oval
Forehead: Low
Eyebrows: Brown
Eyes: Hazel
Nose: Long
Mouth: Medium
Chin: Round
Native Place: Borough, London

Marks: Richard Popham, S (Short for small?) Heart, L, Mary Burnes, Thomas Burnes, love & liberty, Dicky Popam, 3 Matle(?), flower pots on right shoulder, Gideles(?), I.A.M.P.E.D. ,Heart, H.F. , L on right arm, M. Sulavoi,ds

Many of the convicts transported to Tasmania had marks and tattoos. Many had tattoos to commemorate the people and places they left behind. This description is in itself a transcript of Johanna's tattoos and the colonial official may have read them hastily, but many of them make sense. It would be interesting to know if the spelling 'Burnes' was the spelling originally used for the tattoos, since it matches her surname on the convict record, whereas the Old Bailey trial had her as 'Burns'.

Johanna's parents were Thomas and Mary, but she also had a brother and sister by this name.

The name 'Richard Popham' and also 'Dickey Popam' is possibly a clue to Johanna's life in London. There was a man by this name, born in 1818 so just a few years older than Johanna. He lived with his parents and a large number of siblings in Southwark, a place Johanna's family also lived at one point.

Richard was arrested and completed short gaol sentences twice for assault. Then finally he assaulted a police officer and was sentenced to transportation in 1842.

It is extremely likely that this is the person Johanna's tattoo refers to. There were not many by that name, even across London. Perhaps her tattoo came from the time of his arrest or perhaps thoughts of him returned after her own sentence. He was one familiar face she might expect to find on her arrival.

It may be coincidence, but Johanna's stint as a prostitute must have begun at the time of his transportation.

Johanna gave her family as father Thomas, mother Mary, brother Thomas and sisters Mary and Catherine, all living at her native place (Borough, London).

Johanna's initial period of labour was 6 months. Her convict record says Class 2 01/07/1845 and Class 3 15/01/1846. There is no written conduct record for Johanna until this date.

The conduct record gives us some information about Johanna which we would not otherwise have. She appears to have begun without incident, but her attitude clearly changed.

Johanna's early offences show the same spirit as her self in London, but it seems as if she changed in later years. Either she gave up, perhaps became depressed, or was mixing with different people.

Other life events which occurred during the period of the conduct record have been interspersed in bold.

The surname before the listed offense was the person who made the complaint. It might have been an official or the person she was assigned to.

The letters from Superintendent Williams, referred to in the letter, have not been located.

Johanna's Convict Record

14th March, 1846: Johnson/Allowing a female absconder to be on her master's premises. 3 calendar months hard labour ?? Factory Hobart .....

26th November 1846: Loring/Absent without leave. One month hard labour.

06th January 1847: Cambridge/Absent without leave and behaving in an insolent manner. 4 months hard labour and ..... that half that period be passed ........Factory Hobart Approved 08 Jan 1847

08th December 1847: Page/Misconduct .... Factory Hobart

23rd October 1848: Martin/Drunk and using indecent language. 6 days cells.

Undated presumed Dec 1848: Miscarriage. Dynnyrne Nursery for nine months and from there to the Cascade Factory for 9 months. Vide letter from Superintendent Williams dated 28th November 1848.

6 months Probation necessitated(?) vide letter from Superintendent Williams dated 26th September 1849

08th December 1849: Melling/Not proceeding to the depot according to her Pass. Apprehended in a common brothel and falsely representing herself to be a ticket of leave holder. 8 months hard labour ........... to be sent into New Interior(?) Factory Hobart. Not to be allowed to enter service in Hobarton.

Ticket of Leave 14th January 1851. Not to reside in Hobart Town.

28th Jul 1851 Tls(?)/Falsely representing herself to be free 2 days cells

20th Feb 1851 TLO(?)/Being on the premises of George Cole in bed and absent from the authorized place of residence. 4 Months hard labour. Fy Hobart

14 Jul 1851 Ths(?)/Out after hours and using indecent language 3 Months Hard Labour

14th October 1851 Application to marry George Rigby, free man, approved.

On 8th November 1851 at St Peters Catholic Church, New Norfolk, Johanna married George Rigby, his occupation given as carpenter.

28th October 1851 Ths(?)/Drunk and using indecent language. 14 days cells.

22nd December 1851 Ths(?)/Drunk and disturbing the peace. Fined 5/- for each offense.

12th January 1852 (Married) Drunkenness. 2 Months hard labour.

04th March 1852 Assigned to service of husband George Rigby NOTE: At about this time Johanna would have become certain of pregnancy.

2nd September 1852 Birth of daughter Sarah in New Norfolk

28th September 1852 Ticket of Leave Revoked

2nd November 1852 Ticket of Leave Restored

18th Dec 1852 Ths(?) Drunk. Fined 5/-

24 Jun 1853 (Married) Drunk and using obscene language. Fined 5/- for each offense.

Later Life

There is no indication on Johanna's record that she became free, but by 8th April 1854 she had reached 10 years, the length of her trial. It was common for reoffenders to have their initial sentence extended, so possibly she had not achieved freedom at that point. The lack of further records indicates that she settled a little.

Johanna's son Edward was born in November 1854. Edward died of teething in January 1855. His death is recorded in New Norfolk but no burial information has been found. Johanna was pregnant again at this time.

George and Johanna's daughter Elizabeth was born in July 1855.

Their youngest known child, George, was born in September 1857. By this time, Johanna was in her late thirties.

More Gaol

Although there are no more events recorded on Johanna's conduct report, her eldest daughter Sarah was placed in the Queen's Orphanage, Hobart Town, in May 1861 when her mother was put in prison. No record has yet been located of this prison term. Sarah was released to the police in August the same year, implying perhaps that her mother was imprisoned on a three month sentence. It is not known who cared for the younger children at this time.

No further record has been located of the family until the marriages of the daughters; Sarah in 1871 and Elizabeth in 1875.

George Rigby died in 1870 in New Norfolk, of pthsisis. He is buried in the Old Cemetery in New Norfolk.

Death

Johanna Rigby died of apoplexy in New Norfolk on 08 Mar 1877. The location of her grave is not known.

Trial Transcript 08 Apr 1844

JOHANNAH BURNS and ELIZABETH BROWN were indicted for stealing 1 brooch, value 2 Pound 10s.; part of a brooch, 1 Pound 10s, 1 dwt. of gold, 2s; and 6 stones, 1 Pound; the goods of George Jeffreyson, from his person; and that Burns had been previously convicted of felony.

GEORGE JEFFREYSON . I live in Druid's-place, Peckham-rye. On the 22nd of March, at three o'clock in the afternoon, I was at the Duke's Head in the Mint — I went into the parlour in hopes to see a son of mine — I had a glass of ale — the prisoners came in — I had never seen them before — they followed me out — I went to see a person in the Excise-office — one of them followed me very closely — I looked back, and she asked me if I would give her 1d, which I did to get rid of her — Burns came up and asked me for another — I refused — she said, "I will take this," and made a dart at my brooch, and took it, the pin of it was left in my shirt — Brown addressed me — I said, "Will you resign what you have taken?" — Burns threw it down, and a third came up and carried it off — I called, "Stop thief," which caused them to be apprehended — there were more than twenty people about me.

JOHN DIPPLE , of Nicholas-row, Bethnal Green. I was at the factory-door at No. 17, Mint-street — I saw three girls rustling this old gentleman — Burns rushed into him, and took the brooch out of his breast, gave it to the other, and all three ran away together.

BURNS. You said at first, that Brown took the brooch, and after this you said it was another female; the Magistrate said, "Are not you ashamed of yourself?" and you said you did not know which took it

Witness. Brown picked it up, and all three ran down Kent-street together —the third one put it down her bosom. COURT. Q. Is this your mark? A. Yet — I made it before it was read over to me —(deposition read)— "I looked out at the street-door about half-past three o'clock, and saw the prisoners and another female; Burns snatched the brooch from the prosecutor, dropped if, picked it up, and gave it to the female."

GEORGE BROOKS , of Broker's-row. High-street, Lambeth. I noticed the disturbance — I saw the girl strike the old gentleman — Burns took the brooch out of his breast — Brown picked it up, and gave it to the other one— I followed them down King-street — they offered me 6d. if I would not tell — I told a policeman — I have always given the same account —(deposition read) — "I saw the two prisoners struggling with the prosecutor — Burns took the brooch, chucked it towards the one not here, who picked it up, and ran down Kent-street."

HENRY ASSITER (police-constable M 30.) I found the prisoner Burns in the privy of a house in the neighbourhood, and Brown outside the door — no brooch was found — the prosecutor was quite sober — he had been drinking a little.

BURNS. You said you took me out of the privy and you took me out of the passage.

WITNESS. Burns was sitting on the privy — Brooks said, "That is one of them "— I said, "I shan't take you now, I know where to find you if I want you "— I found the prosecutor — he said he would give them both in charge — I took Burns — I saw Brown sitting at the door of a public-house, and locked her up.

Burns's Defence. I never saw the man; I was in Kent-street,Borough: two boys came into the house, and said I was the woman. They took me about five yards, and let me go, by St. George's-church. I went into the George, and while there he took me into custody; he dragged me more like a dog than a female; I did not have a bit of gown on my back. GEORGE JEFFREYSON re-examined. I am certain she is the same girl — she craved charity — I was perfectly sober — I was very much insulted.

BROWN's Defence. I was sitting on the step of a door, and the policeman took me — I had just left my father's house.

JOHN CHANNELL (police-constable M 74.) I produce a certificate of Burns's former conviction from the clerk of the peace for Surrey —(read)— I was present at the trial — she was the person tried and convicted.

BURNS— GUILTY .— Transported for Ten Years.

BROWN— NOT GUILTY .

Sixth Jury, before Mr. Common Sergeant.

Sources

• Johanna's trial: Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 30 July 2013), April 1844, trial of JOHANNAH BURNS ELIZABETH BROWN (t18440408-1343).

Newspapers

• West Kent Guardian 24 Aug 1844
• Morning Post 11 Sep 1844
• Morning Chronicle 28 Aug 1844

Convict records

• Conduct report, indent and description list CON41/1/4, CON15/1/3 and CON19/1/4
• Convict permission to marry Archives Office of Tasmania CON52/1/3 p387

• Johanna's marriage and death: Civil registrations Tasmania
• Births and deaths of husband and children: Civil registrations Tasmania

• Sarah's orphanage record: http://orphanschool.org.au/showorphan.php?orphan_ID=4633

Acknowledgments

Thank you to Irene Dillon for creating WikiTree profile Burns-2321 through the import of OKeefeFam.GED on Jul 21, 2013. Click to the Changes page for the details of edits by Irene and others.