If you are still uncertain of the origin of John Toohey and Mary Cahill(Scahill), I expect that the following will be of interest to you. Note, I have "lifted" the following from the site listed at the end of the item.
My cousin and I researching these people and I will have more to post shortly.
Note for: John TOOHEY, ABT 1801 - 5 JAN 1869 Index
Place: "Mt.Pleasant", Jerrawa Creek, Dalton, NSW
JOHN TOOHEY 1801 - 1869
John was the grandfather of the first "Bonnie Dell" Toohey, William Michael, and the great-great-grandfather of the generation of Tooheys who are now tracing and recording the story of their family. John Toohey married Mary Cahill (also written Skahill, Schill, Scarr, etc.), the daughter of a farmer, Jeremiah Scarr and Honorah Marooney, about 1826. John was a farm labourer in the Lisbonny area of Tipperary, no far from Ballygibbon. John and Mary's first child died in infancy. Their son, Stephen, the next direct ancestor of the "Bonnie Dell" Tooheys, was born about Christmas 1829.
Sometime in late 1829 also, came the event which dramatically changed the Toohey family. John Toohey together with his brother, Michael, his brother-in-law Patrick Hogan, and two other men, were charged with robbery of a dwelling place.
Apparently the group of men broke into a neighbour, Mr William Walsh's house. The trial took place in Tipperary at the Spring Assizes, on 29 March, 1830, before the Chief Baron and a Jury. A family tradition has been handed down on the
charges made against John Toohey and the reasons for this supposed crime, arguing for a 'trumped up' charge because of the antagonism of the English landlords towards the Irish people and their religion. There may well be some truth in this
story, and it may be part of the background to the crime. It was said that John Toohey was devoted to his faith in Ireland; he evidenced this loyalty to his Church and religion in his new country. However, such a story could also be an
attempt to diminish the disgrace of the "convict stain" in the later years of the 19th century.
An account of the Trail was recorded in "The Tipperary Free Press", Clonmel, on Wednesday, March 31, 1830, as follows:
John and Michael Toohy, Patrick Hogan, Denis and Michael Mack, for breaking into and stealing from the dwelling-house of Wm. Walshe five half-crowns and wearing apparel. Wm. Walshe sworn - Lives at Lisbonny; a party came to his house, broke
in the door, and demanded arms; between six and seven men came in.
Chief Baron - That must be 6 1/2. (Laughter.)
They put him on his knees and said, shoot him the villian; they then demanded money, and lit two candles; they went into the room and asked him for some bread and whiskey; he gave them a bottle which he thought was whiskey, but it was the holy
water - (laughter) - knows the two Tooheys and Hogan, they were three of the party on that night; knew them before, they were neighbours; they did no injury to him - they behaved very honorable to him. Here the Chief Baron suggested to the
Crown Counsel that a second indictment be sent up to the Grand Jury, as under the present indictment of burglary the prisoners should be ordered for execution if found guilty or otherwise acquitted; this suggestion was immediately acted upon,
and the prisoners again pleaded No Guilty. Judith Walshe sworn - Recollects the night in July that the party came to her house (identified Denis and Michael Mack as being there) - the party took five half-crowns which were in the witness's
pocket in the bed; they also took some lump sugar, a coat, a waistcoat, and shawl it was not the Macks who took the money.
FOR THE DEFENCE
Mary Hogan sworn - Remembers the night the party came to the house of her master, Wm. Walshe; there were about eight or nine men - they broke the door - the Macks were not there - her master and mistress were greatly frightened. Denis Hogan swore that the macks slept with him at their house the night of the attack on Walsh's house. Daniel Kennedy swore that he saw Hogan at Mack's house the day of the attack. Mary Sheehan swore that she slept with Toohy and his wife in the same bed on that night.
Verdict Guilty of stealing from the dwelling-house- Sentenced to be transported for seven years.
John Toohey, Michael Toohey and Patrick Hogan were transported to the Colony of New South Wales, on the "Andromeda", a ship of 408 tons, with Robert Parkin as Master, and George Fairfowl as Surgeon. This ship had been built in 1819 at
Sunderland, England. It sailed from Cork Harbour on 28 August, 1830, and arrived at Sydney on 18 December 1830, after a journey of 112 days. The "Andromeda" had embarked with 181 amle convicts; one of these relanded and 8 died on the voyage.
John Toohey was listed on the Ship's Indent on arrival as: No.171 Toohy John Aged 23, Education none, Catholic, Married 1 child, Native Place Tipperary, Occupation: ploughman, reaper, sower, miller. Tried at Tipperary, 25 March 1830. Sentenced to 7 years, no previous convictions. 5ft. 7in. tall, sallow freckled complexion, light brown hair, hazel eyes, no distinguishing marks. Dispersed to H.Hume, Appin.
Convicts arriving in the Colony were either kept by the Government to labour on public works, or were assigned, lent out, as labourers to private settlers. As Master, the settler was responsible for the convict for the term of his sentence. It appears a fortunate circumstance that John Toohey was assigned to Mr Hamilton Hume of Appin, the son of a large landholder of that district. This was the same Hume who with Hovell made the important journey from Appin-Gunning to Corio Bay in
Port Phillip in 1824. Hume had previously made explorations into the country south and west of Sydney, and had received grants of land at Appin and near Lake George as his rewards. He and his brother-in-law had taken up a station in the future
Gunning area about 1822; and he also discovered the Yass plains at this time. Hume therefore was already established in the Yass-Gunning area, and had a wide knowledge of the country. Like all settlers in the expanding Colony, Hume needed
labourers as shepherds and stockmen. The newly arrived convicts were in great demand by both squatter and freeholder, as there was a great and continuing shortage of workers in the country districts.
John Toohey remained with the Humes in the District of Appin for several years. In October of 1834 he obtained his Ticket-of-Leave to report to this District, but this was transferred to Yass District in 1835. He no longer had to work as an assigned man for a master. He could spend the rest of his sentence working for himself, wherever he pleased, as long as he stayed within the colony. The Ticket had to be renewed each year, and could be revoked on any adverse reports. He probably moved between "Collingwood", at Gunning, owned by the Hume family, and Yass Plains where Hamilton Hume had been granted 3200 acres in 1829.
Earlier, in January, 1834, John Toohey had made application for his wife and child to join him in the Colony. This was supported by his master, Hamilton Hume. After considerable time, the various letters back and forth between England and
Ireland and New South Wales had the desired result. On 28 October, 1835, his wife, Mary Toohey and son, Stephen, together with his sister, Mary Hogan and her two children, began their journey to New South Wales from Cork Harbour, on board the "Roslin Castle". They travelled steerage, provided with free passage as wives and children of convicts. The "Roblin Castle", a 450 ton AE1 Class Ship, was built in Bristol in 1819, and was on its fifth voyage, under the command of Master
William Richards, and with Surgeon John Edwards in charge of the health of all on board. The Ship arrived in Sydney Harbour by Direct Route on 25 February 1836. It is thought that Margaret Hogan and her children may have died at sea.
The John Toohey family were now reunited. Tradition maintains that, a year or two prior to this, Hamilton Hume had given John Toohey the use of some acres of land on which he grew crops. This was probably part of an informal system of rewards
and incentives for assigned convicts, replacing the earlier 'overtime' payments. Profits from this arrangement would have enabled him to provide for his family and set some money aside for future land purchases.
On 23 December, 1837, John Toohey received his Certificate of Freedom. Around this time William, his second son, was born. William was baptized on 15 March, 1837 by Father J.J.Therry at "Collingwood". The sponsors were John's brother, Michael, and Elizabeth Hume, the wife of John Kennedy Hume. The two Toohey brothers had obviously kept in touch until this time at least.
John Toohey and his family moved from "Collingwood" soon after 1837. In the next ten years to 1847, another two sons and three daughters were born. It would seem that the family remained in the same area, perhaps on land held by the Humes,
around the Fish River, and Murrumburrah. Possibly before 1845, and certainly from that year, John was applying for land in this same area. He was probably one of the very early settlers to apply for purchase of small portions of land around
A Notice for the Sale of Land was published in the Government Gazette of Tuesday, 4 December, 1849. Lot 70 of 64 acres and Lot 74 of 103 acres, County King, Parish unnamed, Jerrawa, were advertised, with numerous other Lots, for Sale by
Auction, at the upset price of one pound per acre. At the subsequent Sale held in Sydney on 9 January, 1850, John Toohey purchased Lot 70 for 89 pounds twelve shillings (1 pound 8 shillings per acre), and Lot 74 for 113 pounds 6 shillings (1
pound 2 shillings per acre) These became Portions 46 and 22. A Map, dated 1850, shows that he had already erected a simple dwelling on Lot 70.
In the following years, John Toohey purchased additional land near the original portions situated on both sides of the Jerrawa Creek up to its junction with the Lachlan River, totalling about 578 acres. He was most anxious about turning all his occupancies into secure tenures, and also that all his holdings should remain in the Toohey name. This intention is stated in the final section of his Will:
And lastly I hereby expressly limit the several devises hereinbefore made to my sons and daughters to themselves and their heirs only it being my desire that all the lands hereinbefore devised shall be strictly entailed on the several legatees and their heirs for ever with no power or authority to sell or in any way dispose of the same upon any pretence whatsoever In Witness whereof I have hereunto set my hand this twenty fourth day of January in the year of our Lord One thousand eight hundred and fifty four.
John Toohey X his mark.
John Toohey called his property "Willmount". Portions of this property are still held by descendants of John Toohey.
The name of John Toohey appears on the 1860 Subscription List for the newly erected Catholic Church of SS. Francis Xavier and Joseph at Gunning. Several of his children are also listed as donors.
John Toohey died on 5 January, 1869. He was buried on "Willmount", in what was to become a Toohey Family Private Cemetery. His imposing headstone still stands among several other family monuments. There may be as many as sixteen persons buried in this Cemetery. John Toohey's wife, Mary, died on 13 January, 1883. Although there is no additional inscription on his headstone, it is believed that she is buried in the same grave as her husband.
Farm labourer in the Lisbonny area of Tipperary.
1829, Tipperary, Spring Assizes, charged with robbery of a dwelling place in company with his brother, Michael, his brother-in-law Patrick Hogan, and two other men. Convicted of stealing from a dwelling-house, sentenced to be transported for
Convict 7 years, from Knockalton, Lisbonny, Co.Tipperary.
Transported to Australia from Tipperary on ANDROMEDA in 1830.
Petition from convict A.O. 4/1112.2 4/2188
Family came on ship ROSLYN CASTLE arrived 25 Feb 1836
MARY nee SKAHILL STEPHEN aged 5 years
A.O. C.O.D. 32
Death Reference 6641/1869
Above from: http://freepages.genealogy.rootsweb.com/~joes/ghtout/np104.htmlhttp://freepages.genealogy.rootsweb.com/~joes/ghtout/np104.html