16 May 2021

11.2 4xgreat grandfather William Moorhouse Stoney: Trial and Retribution

The distinctive middle name of William Moorhouse Stoney led me to first one, then several more, criminal records. The first was an account of a trial that took place at The Old Bailey on 27th October 1819. William Moorhouse Stoney was indicted “for unlawfully, and by false pretences, obtaining three [£1] Bank notes, and 40 s. from John Campbell , with intent to defraud him thereof”. It seems that the defendant promised to obtain a position for John Campbell as a Tide-Waiter at The Custom House, in return for £30. He received £5 as a first instalment and spent, in his own words, “ten days in going backwards and forwards”, but John Campbell decided enough was enough and called the police to take him in charge. William Moorhouse Stoney was found guilty of fraud, and sentenced to seven years’ transportation.

The indictment and following trial were also reported in the newspapers of the time, found in the British Library Newspaper Collection at FindMyPast. The Morning Advertiser of 16 October 1819 reported on the preliminary hearing that led to the Old Bailey Trial:

A few days earlier, on 11 October, the Hampshire Chronicle used some rather more picturesque terms in its account, describing William Stoney as ‘a well known character’, and the prosecutor, John Campbell, as ‘fresh from “The land o’ cakes”’ [Scotland]. 

These and other newspaper accounts use the name William Stoney, without a middle name. The first use of William Moorhouse Stoney appears part-way through the trial process, on 27 October 1819.


I was unsure whether this was the same man, a widower, who married widow Mary Ann Rowney six years later, the parents of 3xgreat grandmother Catherine Alice Stoney. If he were transported to Australia in 1819 for seven years, how did he appear again in London by 1825?  

His story gradually unfolded as more records became available. In the Newgate Calendar of Prisoners on 27 October 1819 (Ancestry), he is listed as awaiting transportation for seven years, convicted of fraud. The record of 15th December 1819 gives us a physical description, more information relating to his age and place of birth, his trial and sentence:

The full record is at Ancestry, derived from The National Archives (The National Archives Series PCOM2 Piece number 193 Record set England & Wales, Crime, Prisons & Punishment, 1770-1935).

The extract above shows that he was 5ft 11 ½” tall, with dark complexion, dark hair and hazel eyes and being ‘stoutish made’, and born at Kettlewell, Yorkshire, in 1778 (age 41), occupation Grocer. The full record gives the full name of Willm Moorhouse Stoney and shows that he was brought into custody on 20th October 1819, tried on 3 November, convicted and sentenced to seven years transportation, and discharged from Newgate Prison on 15th December 1819 to be held on the Prison Hulk Retribution at Sheerness.

According to the Victorian Crime & Punishment site, Prison Hulks were ships that were decommissioned and put to service as floating prisons. Retribution (formerly HMS Edgar) was originally built around the same time as William Moorhouse Stoney was born and saw service in The American Revolutionary, French Revolutionary and Napoleonic Wars before being turned into a Hulk in 1814, five years before William Moorhouse Stoney was imprisoned there.

The Hulk Registers at The Digital Panopticon provide more information on the Hulks and the records now available.

So far, the name(s), age, place of birth and occupation (Grocer) appeared to fit with what I knew of Catherine Alice Stoney’s father from later records. But I still didn’t know how he came to be freed before his sentence was complete, and how he found himself in London rather than Australia.

The final piece of this particular jigsaw fell into place with the release of the Hulk Registers and Letter Books at Ancestry. These show that Wm Moorhouse Stoney was pardoned on 6th February 1823 (year more visible in other records). 

Further records were released at FindMyPast showing the digitised letter granting the King’s Pardon to William Stoney, amongst others, and signed by the famous Robert Peel himself on the King’s behalf. It reads:

“Whereas the following persons are now under sentence of transportation on board the Retribution convict hulk at Sheerness, they having been convicted of felony at the times and places hereafter mentioned viz ... William Stoney at the Old Bailey, November 1819 ... we in consideration of some favourable circumstances humbly represented unto us in their behalf, are graciously pleased to extend our Grace and mercy unto them and to grant them our free pardon for the crimes of which they stand convicted. Our will and pleasure therefore is that you cause them, the said .... William Stoney [and 11 others] to be discharged out of custody and for so doing this shall be your warrant. Given at our court at Carlton House the 4 day of September 1823 in the fourth year of our reign. To our trusty and well beloved John Henry Capper Esq Superintendent of convicts, and all others whom it may concern. By his majesty's command, Robert Peel.

Extract (right) showing Robert Peel’s signature on the King’s grant of pardon to William Stoney and 11 others on 6th Feb 1823. From original records at The National Archives, digitised and transcribed at FindMyPast.

So, William Moorhouse Stoney, formerly a Grocer from Kettlewell, Yorkshire, convicted at The Old Bailey of fraud in October 1819 and transferred to the Prison Hulk Retribution on 3rd December 1819 awaiting transportation, appears to have served four years’ of his sentence on the Hulk, and then been freed by the King’s Pardon. Nearly three years later, on 26th December 1825, he married Mary Ann Rowney, widow, and had two children with her, including my 3xgreat grandmother Catherine Alice Stoney.

But there were more puzzles to come, as I uncovered more potential records from his life before imprisonment, and later financial troubles. 

For the sources mentioned in bold, see blogpost: MyRoots: Lesly's family history: Sources and resources: A quick view

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Purpose of this blog (updated May 2021)

This blog will (eventually) show the ancestry of each of my four grandparents. I've started with my paternal grandfather, James Aaron St...