Hogarth is the maiden name of one of our maternal great-great-grandmothers, Mary Hogarth (1859-1941) who married James Rogers in 1877. The sequence of surnames in the four generations between us goes Hogarth-Rogers-Rogers-Rogers-Dwyer.
The surname Hogarth comes from the Borders area of England and Scotland and is probably a variant of Hoggard, “…or perhaps a habitational name from a lost or unidentified place named with the dialect word hoggarth ‘lamb enclosure’.”1
Our single identified Hogarth ancestor is recorded to have been born in London.
Only the partial names of these ancestors are known through the death record for their son James Hogarth (see below). Based on James’ year of birth it is assumed that his parents were born between 1785 and 1795.
James Hogarth is largely a mystery, with the only aspect of his life that was well-documented being his death. His death registration says that:
There are no records in the 1841 or 1851 censuses for a James Hogarth born in London around 1815. There is one possibility under the name of James Neale, however, in the 1841 census: James Neale, born between 1811 and 1816 in Middlesex; a porter living in the London Borough of Tower Hamlets.
How James came to Australia is unknown. His death record says that he had been in New South Wales eight years at the time he died, putting his arrival at around 1852. There is no record in the period from 1835 to 1855 for an assisted or unassisted immigrant that matches age and place of birth for James Hogarth/Neal. Similarly there is no record of a convict or seaman that matches known details for James Hogarth/Neal.4
Mary Connors was born in Clogheen, County Tipperary about 1832, the daughter of James Connors and Catherine O’Donnell. Clogheen was described by Samuel Lewis in 1837:
…a market and post-town, partly in the parish of TULLAGHORTON, but chiefly in that of SHANRAHAN, barony of IFFA and OFFA WEST, county of TIPPERARY, and province of MUNSTER, 11 ½ miles (S. W.) from Clonmel, and 94 (S. W. by S.) from Dublin; containing 1928 inhabitants. This place is situated on the river Tar, and on the mail coach road from Clonmel to Cork, near the foot of the steep northern ascent of the mountain of Knockmeladown. A large trade in agricultural produce is carried on, chiefly for exportation, and more than 80,000 barrels of wheat are annually purchased in its market and in the neighbourhood, which is made into flour of very superior quality and sent by land to Clonmel, whence it is conveyed down the Suir. For this purpose there are seven flour-mills in the town and neighbourhood, which are worked by fourteen water wheels; there is also an extensive brewery. A new road has lately been made from Clogheen to Lismore, with a branch to Cappoquin, the greatest rise on which is one in 30 feet. The neighbouring mountains abound with iron-stone, and iron ore was formerly smelted here.
At Castle-Grace, near the town, a lead mine was worked about 40 years since, the ore of which contained a large proportion of silver. The environs abound with varied scenery. In the immediate vicinity is Bay loch, about three quarters of a mile in circumference, and its depth in the centre is about 33 yards; a mountain rises over it with nearly a perpendicular ascent to an elevation of about 600 feet, and eagles are sometimes seen hovering over the lake. On the north side of Knockshannacoolen, Lord Lismore planted about 100 acres of trees, which thrive well and form a pleasing contrast with the ruggedness of the neighbouring mountains. Shanbally Castle, the splendid seat of his lordship, is about 2 ½ miles from the town. The market is on Saturday; and fairs are held on Whit-Monday, Aug. 1st, Oct. 28th, and Dec. 12th. The market-house is a commodious building. At the entrance of the town are barracks for the accommodation of two troops of cavalry.5
Mary’s parents were both dead by 1849, perhaps as a result of the Great Famine, and she found herself in her mid-teens an inmate of the Clogheen Workhouse. This workhouse was constructed between 1840 and 1842 about half a mile southeast of the town of Clogheen.
In 1849 Mary, aged 17, was selected as an orphan emigrant under the pauper immigration scheme introduced by Lord Grey in 1848.6 She sailed aboard the William & Mary arriving in Sydney on 21 November 1849. She was noted in the record as a house servant who could neither read nor write. On arrival she was placed with an “S Bennett” of Wooloomooloo, possibly Samuel Bennett of William Street, for one year at an annual salary of £8.
If James and Mary formally married, there is no record of it. James’ death record says that he married Mary in Sydney when he was 23 years of age, which is clearly erroneous since Mary was a four-year-old in Ireland at that time. Mary’s death record says that she married James in Sydney at age 22, making it around 1856.
James and Mary had three daughters:
James died on 16 January 1860 of “manslaughter – fracture of the corvine vertebra (broken neck)”. The circumstances are described below:
INQUEST. — An inquest was held yesterday evening at Mr McEvoy's Inn, Bentinck Street on the body of a man named James Hogarth, who met with his death under the following circumstances; — it appears from the evidence adduced, that on Sunday evening the deceased and four other persons, who were engaged in repairing the road between the Rocks and Guyong, went out for a walk, and on their return called at Mr. Poole's Inn, to obtain some rations for the ensuing week, they stopped there about two hours, and left the house about 9 o'clock, on their way to their tents; they had not gone more than two hundred yards when deceased and a man named Charles Stewart quarrelled and fought, they both fell upon the gravel, and upon being separated by their companions, were recommended to cease fighting that night, as it was then dark. Stewart expressed his willingness to give up at once, but the deceased refused, and said he would have it out that night. Shortly afterwards deceased ran off the road and struck Stewart again, they wrestle and fell together; Stewart got up from the ground, but the deceased was unable to rise, and said he was badly hurt; his mates consequently lifted him up and carried him back to Mr. Poole's house, where he was put to bed, and received the attention that was deemed requisite. On Monday morning one of the deceased's mates went up to the house to ascertain how he was, and found that his extremities were useless and benumbed; he became alarmed, and proposed that he should at once be brought into town ; Mr. Poole's horse being lame and unfit to travel, — a horse and dray were procured from Mr. Moore of the Rocks Inn, and the deceased was placed upon a mattress in the dray to be conveyed to Bathurst; he drank a glass of sherry before starting, and shortly afterwards smoked a pipe of tobacco, he continued perfectly sensible and able to converse until the dray reached the bridge at Evan's Plains Creek, when one of the persons with him noticed a change in his appearance; he continued to grow worse until within a short distance of Bathurst when he died. From the post mortem examination made by Dr. Wilkinson, it appeared that the fourth cervical vertebra was broken, and a large quantity of extravasated blood was discovered. Dr. W. stated that the injuries were probably caused by a fall and were quite sufficient to cause death. The inquest was adjourned until this day. We understand that the deceased was 30 years of age, and has left a widow and three small children to deplore their loss.7
The Bathurst Free Press continued to follow the story of James’ death and its legal aftermath:
THE LATE INQUEST - Our readers will remember that the inquest held on the body of James Hogarth, on Tuesday last, was adjourned until Wednesday morning. Several witnesses were examined but nothing of importance elicited from their examination, beyond the facts stated in our last issue viz, that the deceased and a young man named Charles Stewart quarrelled and fought; that during the scuffle the deceased was so severely injured as to cause his death. The result of the inquest was that a verdict of Manslaughter was returned against Stewart, (then in custody) who was committed to take his trial for the offence.8
MANSLAUGHTER.
Charles Stewart was indicted for that he did on the 15th January, 1860, at the Rocks, in the County of Bathurst, unlawfully kill and slay one James Hogarth.
The prisoner who was undefended, pleaded Not Guilty.
James Halliday being sworn, deposed: I knew the prisoner and I knew the deceased; on the 15th January we were together at Poole's public-house at the Rocks, at 9 o'clock that night; we left and the prisoner and deceased had some words about carrying some meat; I saw the deceased in a very excited state and determined to fight with prisoner; they had some blows; the prisoner wanted to wait until morning but the deceased would fight then, they again met and both fell; deceased was unable to rise and was carried to the public-house and died next day on his road to Bathurst.
Joseph Poole being sworn, deposed: I know the prisoner, and a man named Halliday; I knew the deceased Hogarth; I did keep the public-house at the Rocks; I remember them being at my house on the 15th January, 1860, they went away about 9 o'clock quite peaceably; soon after I heard a noise and on going out I saw the prisoner and deceased quarrelling; the witness Halliday said here's a nice thing come out of chaffing; the prisoner told me that the deceased struck him on the nose and face for no provocation, and that the deceased had also seized him by the privates and threw him over his shoulder; I persuaded them not to fight any more and the prisoner said he was satisfied and if there was any animosity between them they could settle it in the morning; the deceased said no, he would have it out at once; the prisoner said don't strike me Jim without telling me; the deceased said " you b----y wretch if you do not shape I will strike you;" immediately after this I rushed towards the prisoner and deceased and they were both stretched upon the ground; I told the prisoner to get up which he did; I then told the deceased to get up and he said he could not, I found subsequently that he could not get up and I had him removed to my house and put to bed.
By prisoner: No questions.
James Tolins deposed: I was at the last witness's house with prisoner and deceased on the 15th January; on leaving the house in the evening, I carried a bag of flour, and the prisoner carried some tea and sugar; the deceased said to prisoner "take you that meat;" the prisoner said "carry it yourself, you have got nothing;" they then began to quarrel and I called upon Halliday to come up, when Halliday got to the spot they were both upon the ground; we got them separated, and the prisoner wanted to leave off until morning, but the deceased said "he would have it out that night;" deceased was standing on the dray-truck and came round to the left side of prisoner, and I believe struck him with both hands about the face or head, they then grasped each other and fell to the ground; they were again separated and raised from the ground by help; the deceased seemed inclined for going on with the quarrel; I said that to keep myself out of it, I would have nothing to do with it any further; again the deceased and prisoner rushed at each other and I believe I assisted again to separate them; the prisoner could not rise and he was removed to the public-house.
By the prisoner: I did not see how the third encounter was occasioned; I saw you pull your waistcoat off; Hogarth had a waistcoat on.
Henry Wilkinson deposed: I am a duly qualified medical practitioner and reside at Bathurst; I made a post mortem examination on the body of a man named Hogarth, and found a fracture of one of the bones of the vertebra of the neck, one of the bones was fractured and entirely separated from the spinal column; I have no doubt that the injury was the cause of death.
This closed the case for the Crown.
His Honor briefly summed up and the jury after an absence of ten minutes returned into Court with a verdict of not guilty.
The prisoner was discharged.9
James was buried at Bathurst cemetery on 17 January 1860, but no surviving marker has been found.
Mary was widowed with three young children at age 25, and was living at Bentinck Street, Bathurst. Although she lived another 58 years after the death of her husband, there are no records of her until her death. She died at the residence of her daughter Mary, 111 Havannah Street, Bathurst on 22 January 1918 of “gastritis, wasting”. Her occupation was given as “old age pensioner”. She was buried at the Roman Catholic section of Bathurst cemetery on 23 January 1918, but no surviving marker has been found.
1http://www.ancestry.com.au/name-origin?surname=hogarth
2 A newspaper report said the reporter “understood” that James was only 30 years of age at the time of his death. The official death record would be more likely to be correct.
3 His widow’s death record shows her name as Mary Neil Hogarth and her spouse’s name as “James Hogarth (altered from James Neil Hogarth)” – as per transcription by Marilyn Rowan, Transcription Agent, dated 27 April 2012.
4 There was a convict named James Neal in the Carcoar/Bathurst area between 1841 and 1851 (when he received a conditional pardon having been sentenced to life for assault and robbery), but this individual was supposedly born in 1805 and was a native of Tipperary. It is possible that James hid his early life by misreporting his birth details, but this is purely conjectural.
5http://www.libraryireland.com/topog/C/Clogheen-Iffa-And-Offa-West-Tipperary.php
6 See Elizabeth Godfrey for background to this scheme.
7Bathurst Free Press and Mining Journal, Wednesday 18 January 1860, p.2.
8Bathurst Free Press and Mining Journal, Saturday 21 January 1860, p.2.
9Bathurst Free Press and Mining Journal, Saturday 24 March 1860, p.2.