A thief in the family tree is not unexpected because most of the family is from Ireland and the Potato Famine was notorious for creating thieves out of starving people. Little did I know that many of the American colonies were populated by thieves and worse as England emptied their jails into the American Colonies. I never learned that in History class.
I have long searched for some kind of proof as to who Abner Fish’s parents are, but I did have the same problem with finding his wife’s parents. Abner married Sally Featherston(e) on October 18, 1816, in Washington County, Ohio. The town was probably Waterford, but I don’t have proof that either family was in Waterford before May 15, 1817, so I can’t be sure. Even this I wouldn’t have proof of without the Google Project to digitize out of copyright books.
1788 History of Washington County Ohio with Illustrations and Biographical Sketches published by H. Z. Williams and Bro. in 1881 is what broke the block on Sally’s father. Apparently, this publisher used mostly in-house employees to write about what they actually knew, so there are a wide variety of authors — not all recognized in the usual fashion.
On May 15, 1817, Andres Powers sold his grist mill and sawmill and 30 acres of land adjoining Thomas Featherston’s land to Thomas Featherston. Thomas used his son John and his son-in-law Abner Fish as the millers for his new grist mill. Thomas hired Andrew McClure to manage the sawmill.
From the 1788 History of Washington County Ohio under the section on Waterford Township, “Federal Bottom” is the following paragraph:
But there is more to Thomas Featherston than what he became in Ohio. Harvard University has published much of the records of the “Old Bailey” court records from London, England. And we can trace Thomas back to those court records.
On July 6, 1774, Thomas Featherston was convicted of theft (Proceedings of the Old Bailey, 6th July 1774, page 47). Thomas was indicted for breaking and entering the home of John Zeidler on the 21st of May (1774) at about 9 PM and stealing a “hair trunk 1s, a plain gold ring, value 7s, a silk gown, value 10s, a pair of women’s stuff shoes, value 3s, a cloth cardinal, value 10s, a camblet gown, value 5s, a pair of worked muslin ruffles, value 4s, a muslin apron, value 2s, a pair of spotted muslin ruffles, value 4s, four pair of linen shift sleeves, value 2s, three linen handkerchiefs, value 3s, three linen caps, value 3s, three pair of women’s leather gloves, value 18 d, five yards of thread lace, value 1s”. So a total value of 55 shillings and 18 pence.
In the proceedings at Old Bailey, we find some more information. “The prisoner called his sister, who said that the prisoner had been to sea; that she kept him till he got another ship, but that he had run away from her for a fortnight; in which time he had got himself into Clerkenwell Bridewell.”
Not that Thomas had found himself in a good place, but the prison at Clerkenwell Bridewell (north of London) did not have as terrible a reputation as the one at Newgate in London.
So we can assume that Thomas at this time is an orphan as his sister is responsible for him. Also that he is most likely a “cabin boy” or “ship’s boy” for the English Navy. Boys could start as young as 8 years old and continue until about 15 years old. At 16, they could qualify for the lowest rank in the English Navy. Based on Thomas’s revelations about his age later in life, we may assume that he is about 15 at the time of this theft.
England at this time had no police force and poor theft laws. There was also a large influx of people into the cities — but no jobs as the Industrial Revolution had not yet started. Crime was a huge problem and what value constituted enough for a death conviction was being continually reduced — without any effect on the crime levels. In an earlier year, Thomas probably would have warranted the death penalty — public hanging. But by this time, England had passed a new law that allowed judges the discretion to banish felons to America instead of jail or death. Options allowed were 7 years of indentured service, 14 years of indentured service, or life sentence of indentured service in the American colonies. It was a good way to empty the English jails and get the bad elements out of England for good. None of those transported to the American colonies were allowed to return to England. Now as long as the criminal element was banished from England and not allowed to return, the English government didn’t really care what happened to them. So those who had money, could buy their own freedom and special accommodation on the trip to America. As far as I can tell, Thomas was not able to afford any special accommodation.
Juries were notorious for reducing sentences to avoid the death penalty at whim. So Thomas was declared not guilty of the breaking and entering, and guilty of theft of 59s. This would keep him in the lower (7 year) level of punishment and out of the potential of death by hanging. This was not unusual in convictions of children.
Unless a convict was able to buy their own freedom, they were sold at auction in the same fashion as a slave or an indentured servant, usually in Virginia or Maryland. Shipping companies would “buy” the convicts from the English government, then pay the fee to have them released from prison, and then transport them to the American colonies. Those shipping companies with government contracts were given 3 s for provisions for each prisoner in addition to what they could earn from selling the prison at auction, the others had to rely just on the value at auction. Maryland and Virginia were the best place for the selling of convicts (at least from the point of view of the sellers) because not only did those colonies pay more for labor, but the ships could also fill their holds with Tobacco for the return voyage.
Thomas, and all the other convicts from Old Bailey, spring 1774 court session, were sold to Duncan Campbell, London Merchant; Alexander Mackenzie, London Oilman; and John Oligory (Olgilvy), London Mariner. Capt, John Olgilvy would be written up about this time in the Virginia Gazette for his cruel treatment of prisoners in 1773. Thomas was in the company of 54 prisoners sentenced for 7 years, 14 for 14 years, and 2 for life.
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| Transportation Contract – Including Thomas Featherston |
Apparently Thomas ended up in Maryland as that is where he married his wife and had several children, but what happened between the assignment to the ship captained by John Olgilvy and his eventual appearance in Ohio is still a mystery to be solved.
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