Australian Royalty: Genealogy of the colony of NSW

Thomas was tried at Tipperary on 11 Apr 1836 for stealing a coat and sentenced to seven years. He had no former conviction. He was aged 19 and was 20 by the time he was tried. He was described as 5'6 and a half inches tall, dark complexion, brown hair and dark brown eyes. He had lost two of his front teeth in the lower jaw, had a scar below his under lip, had a tatoo of a man or woman on upper, TF, cross heart pierced with two darts inside lower right arm, blue dot back of ball of left thumb. He could neither read nor write, was of Roman Catholic religion, was single with no children, a miner and store labourer. Thomas was transported aboard the ship 'Earl Grey' arriving in the colony on 13 Nov 1836.

Thomas was counted on the 1836 and 1837 musters as being allocated to Dr Batholomew O'Brien/O'Brian in St Vincent district which included the districts of Braidwood, Broulee, Shoalhaven, Cowling. Bordered by the Pacific Ocean and the Shoalhaven River.

Thomas received his ticket of leave on 3 Apr 1841 and his certificate of freedom on 31 Jul 1843.

Thomas and Sandy McCormack were both assigned to Doctor O'Brien and were sent to Henry Osborne Esq. J.P. Henry made a statement to the Wollongong Police that the prisoners had been under his orders and had absconded 5 or 6 weeks prior from his place. He had not seen them since till now (4 Apr 1838) when they were before the Court. McCormack was sentenced to two months on the tread mill and Thomas to six months in irons.

The sentence was later challenged as being illegal because it differed from McCormack's who had supposedly committed the same offence. The reason why his sentence was more severe, it was said, was that 'After the apprehension of these men when on their return to Illawarra, Fogarty broke out of the Watchouse at Appin, and was afterwards retaken. When charged with this second offence at his trial by one of the Constables he admitted having done so, and the Bench did not therefore think it necessary to take any Depositions in this case and thus Sentenced him to Six months in Irons to mark their sense of his highly disorderly conduct.'

On 6 Aug 1838 his sentence was upheld by the Attorney-General as being illegal: 'In reply I have the honor to inform you, having submitted the case to the Attorney General, he is of Opinion that the Sentence is illegal. If the prisoner was charged with an Escape from the Watchhouse at Appin it should be a separate charge and the Trial distinct from that for absconding.' He was shortly thereafter released, and to ne 'relieved from the effect of the sentence in as far as it would operate prospectively upon him that is to say debar him from any indulgence that he might deserve'.

Thomas and Patrick DRYDEN were tried and convicted of assault causing grievous bodily harm to William Lindoress at Raymond Terrace on Saturday, 11th April, 1846. Thomas was at the time 'on his way to Newcastle from "Darling Downs" (where he had been employed as a sheppard [sic] for many years), when he committed the assault at Raymond Terrace, which arose from a quarrel about Religious differences, when he was in a state of intoxication.'

Lindoress's deposition stated:

'I am a Carpenter, and live in King Street in this Township. About eleven o’clock on Saturday night, the 11th instant, Fogarty and Dryden, the two prisoners now present, were standing opposite to my house. Dryden sung out to Fogarty, “Let us have a shout at bloody big head’s house, he is a bloody rogue. I will murder him this night”. Meaning me. When this was said, I was standing at my door, my wife and children being in bed. I said to the men, what did I ever do to you, that you should be going to use me in such a manner? Fogarty made answer “You bugger! I will get you, know that”, he then ran to where I was standing, and made a blow at me with a stick, when I got inside and fastened the door. He then said, “I will give you a bullock’s head for supper” and immediately dashed a bullock’s head through the window, which knocked in the top sash, breaking all the panes of glass, and the whole of the wood work. I ran towards the room where my wife and children were, hearing my wife call out “In the name of God, are we all going to be murdered. What is this for?”. Fogarty then dashed a brick bat through the bedroom window, which fell near the head of the bed. My wife and the two children got out of bed and got behind the Kitchen door, when Fogarty with a stick smashed the whole of the window glass consisting of twelve panes. I said, Mr. Fogarty I know you well, I will make you pay for this. He made answer “You bloody bugger I will murder you this night”. With that they made off towards Ned’s the blacksmith, and returned back a second time, when a man named Dowdican called out and asked if I wanted any assistance. When the prisoners heard his voice, they made off. I then went for Constable John Dunn and the District Constable, who accompanied me back to my house. Jones the Constable was with me, and the other two Constables a little in advance when he met Dryden with a paling behind his back, and a man named Frank Hamilton my next neoghbour, who had joined us made a prisoner of him. I left Dryden in custody of Hamilton and went to search for Fogarty. I met him about ten yards off with a stick in his hands, coming to the assistance of Dryden. I said, You are the very man I am looking for, with that he said, “You bloody rogue”, and made a blow at me with his stick, which I received on one I had, which broke his in two. I struck him with my stick, two or three blows, and made him a prisoner. James Dowdican came behind Fogarty at this moment, and caught him by the back of the neck. The Constables then took him in charge and conveyed him to the Lockup. My son William a child of twenty months old, being afflicted with the hooping [sic] cough took a fit of crying through the frights, [sic] which continued till morning. I then called in Dr. Cadell when he prescribed for him. About one o’clock of that day (yesterday) he took convulsions and died at half past 12 last night. My firm opinion is that the death of my child was caused by the attack on my premises by the Prisoners.'

Thomas was committed by the Raymond Terrace Bench in the month of April 1846 for trial under circumstances of an aggravated assault together with his companion Patrick Dryden - Both Prisoners remained in Newcastle Gaol five months awaiting trial. They were convicted of the Offence at the Circuit Court Maitland on the 21 September 1846 - Fogarty was sentenced to two years and Dryden to eighteen months imprisonment at Newcastle Gaol.

On 19 Oct 1847, Thomas' sentence was commuted and allowed to go free.

Anne BRAKEN [sic] married Thomas Fogarty in Ipswich, Queensland per the Catholic religion by Rev. Fr. James HANLY of Brisbane, Minister of Moreton District. Both the bride and groom showed their residence at that time as Ipswich and both placed "x" as their marks. Witnesses to the marriage were James CARNEY who could sign his name, and Rose REEL who also placed her "x" mark on the document.

Thomas' death certificate recorded him as a miner of 59 years. His parents were noted as Andrew FOGARTY, occupation unknown and Ellen, surname unknown. The informant was the eldest living son of the deceased, Thomas Joseph FOGARTY, aged 33, who was also living at Wattle Flat near Sofala. Registered at Sofala on the day of death.