Simon McKenzie or McKay, an Exile.

Simon was fifteen in 1843 when he first faced the court for stealing. Court records show that he was living with his mother, Margaret McKenzie in Friars Lane, Inverness, no father is mentioned.[1]

On 9 January 1843, Simon along with one John McDonald were charged with three accounts of stealing; firstly from Mr Joseph Mitchell, Esquire, Inspector of Highland Roads and Bridges, on or about November or December 1842; A large jar or Greybeard, a small cask or keg, a pair of drab trousers, a pair of gaiters and a bagpipe chanter[2], also a flute, a whip thong and a pair of gaiters belonging to John McLennan, servant to Mr Mitchell.  Secondly from Alexander Munro, spirit dealer on 24 December 1842; 25 common glass bottles, a pair of new shoes, a pair of boots and a pair of worsted stockings. Thirdly from Mr James Falconer, teacher on 7 January 1843; two legs of mutton, weighing in total 17 ¾ pounds[3] and a hare, by breaking the lock from the meat safe door.

When apprehended, sleeping in the hay loft of Mr Mitchell’s coach house, Simon is wearing the boots stolen from Alexander Munro. In Simon’s statement[4] he gives names of the people he and John sold the items to and that with some of the money they purchased whiskey. When questioned about the mutton, he tells the police where it can be found. His statement and the statements from witnesses see him and John McDonald sent to stand trial on 15 April 1843.  They are found Guilty and sentenced to eighteen months goal, in Perth 119[5] miles from Inverness[6]

Released from Perth Gaol on 21 October 1844, they are apprehended two months later in December 1844, in Inverness, for stealing from Alexander Watson, meal dealer; one blue greatcoat, a wooden snuff box and a pair of cotton gloves.[7] Simon and John are again found Guilty and their sentence is given as 10 years imprisonment in Van Diemen’s Land and they are taken to Millbank Prison, to await transportation.

Bollard marking where the Millbank Prison stood beside the River Thames, London. Photo Lilian Magill, July 2019

In the Millbank Prison Register[8], Simon is described as 17 years old, single and can read and write well. The specific description of the crime reads, ‘theft and poor character.’ On 26 May 1846 he is taken on board the Maitland, leaving England on 29 June 1846. After 129

days at sea and stopping at Van Diemen’s Land to disembark eight convicts, the ship arrived in Port Phillip on 6 November 1846.[9]

Known as Exiles, these 291 men were granted their pardons on arrival, with Queen Victoria giving approval on ‘10 day of June 1846 in the Ninth year of our Reign.’[10] In his talk ‘The Exiles – a different class of Victorian.’ [11],  to the Port Phillip Pioneers Group on 10 March 2007,  Scott Brown gives a good description of what was expected of them. They had to have had a period of solitary confinement to reflect and show remorse. They undertook training in various trades. It was not compulsory for him to accept help but if he refused, he had to fend for himself.

The ship’s Dispersal List doesn’t show who employed Simon on his arrival, with the comment ‘not specified’[12] given, other than it was to be for a period of one year.

I have no information on Simon from his arrival in 1846 until his marriage, as Simon Grant McKenzie or McKay on 10 January 1850, to Ann Cameron at Kilnoorat, near Camperdown, Victoria.[13] This is the first recording of the name Grant being used.

Simon and Ann settle in Ballarat and have six children; James McKenzie, 1850 - before 1892 (only child to be given the surname McKenzie), Margaret, 1852/53 – 1928, Maryann, 1856 – 1858, drowned, Maryann, 1859 – 1912,  William Alexander, 1864 – 1945 (known as Alexander) and Jessie Elizabeth, 1868 – 1946.[14] He gives his occupation as a miner on several of the children’s birth certificates.[15]

 Simon seems to have led a quiet life, with no mentions in local papers, no police reports, apart from his Deposition given at the inquest into Maryann’s death in 1858.[16]

Simon died on 18 January 1892, collapsing in the early hours of the morning, at his home in Sweeny Street, Ballarat East, he is found by his wife, Ann. Due to the nature of his collapse and that he had complained of a pain in his chest an inquest was convened by Mr G King J.P. later that day.[17]  A verdict of Chronic Pneumonia  was given.

He is buried in the Ballaarat General Cemetery, New Cemetery, Section 9A. No.33, Denomination, Presbyterian on 20 January 1892 at 2.30pm[18]. No headstone marks his grave.

NOTES.

I have no documents that explain why Simon started using the surname Grant. He had dropped the McKay before he married. My thought is that maybe he took the name Grant from the police officer, Alexander Grant, who arrested him, twice. Simon also used Alexander as a middle name for his last son William Alexander, who went by Alexander.

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[1] Copy of trial documents, AD14/43/22 (1-11), National Archives of Scotland.

[2] Copy of trial documents, AD14/43/22 (1-11), National Archives of Scotland.

[3] 1-pound weight equals 0.453g

[4]  Copy of trial documents, AD14/43/22 (1-11), National Archives Scotland.

[5] 1-mile equals 1.6 km

[6] Copy of sentence document, JC26/1845/6 (4), National Archives of Scotland.

[7] Copy of trial documents, AS14/45/118 (9), National Archives of Scotland.

[8] Home Office Prison Records, 1770-1951, via Find My Past. Accessed 12 April 2020.

[9] Claim a Convict, Details of the ship Maitland and voyage. Accessed 12 April 2020.

[10] Public Records Office of Victoria, Notifications of Pardons of Exiles. Series VRPS 89, Consignment Number P0000, Unit Number 1. Description, Maitland. Date 1846. Accessed 12 April 2020.

[11] Scott Brown, The Exiles – a different class of Victorians, talk given 10 March 2007 to the Port Phillip Pioneer’s Group.

[12] Dispersal List of Exiles from Millbank Prison on “Maitland”. Accessed 12 April 2020.

[13] Births, Deaths and Marriages, Victoria, Marriage certificate, 2286/1850

[14] Names, see note on page 6

[15] Births, Deaths and Marriages, Victoria. Two birth certificates, 1825/1857 and 2150/1860

[16] VPRS24/PO unit 62 item 1858/212 Female.

[17] VPRS24/ PO unit 591 item 1892/78.

[18] Ballaarat General Cemetery, New Cemetery, 2750, receipt book copied by staff at the cemetery, March 2020. Spelling is how it is on the page.