Patrick McAveney's grave in Hartley Cemetery, centre|
photo: John Merriman
Inscription reads :
Died 28th February 1873
Age 69 Years
Patrick was murdered by his wife Ann, as described below. The deposition was indeed taken by Edmund Barton, the man who would become our first Prime Minister, who at this time, as a lowly circuit judge, was just starting out in his legal career.
THE McAVENEYS OF MEGALONG
Patrick and Ann McAveney migrated to Australia on the ‘Forth’ in 1841. Sailing from Plymouth on 23rd May and arriving in Sydney on 28th August, having touched no ports on the journey. The ‘Forth’, of 528 tons carried 262 passengers on arrival, four having died on the voyage. There was a school on board which had an attendance of about 30, presumably both children and adults.
Patrick was born in Dromanay, County Fermanagh, Ireland, son of Owen McAveney and his wife Mary, and was 35 on his arrival in Sydney. His occupation was listed as ‘farm labourer’ and his religion Roman Catholic. He could both read and write and his ‘bodily health and strength’ were noted as very good.
Ann, daughter of Hugh and Mary Flanagan, aged 33, also a Roman Catholic could read but not write. Her occupation is listed as ‘farm servant - dairy maid’. They brought with them their three sons, Thomas aged 14 (who could read), John 12 and Michael 10. Patrick, on 1st October 1851, purchased 50 acres of land on Pulpit Hill Swamp for £50.
It is likely that the McAveneys settled in Megalong before buying this land and were probably the only residents in the northern part of the valley. They ran cattle, and if tradition is correct, Patrick was a teamster at some time. Although well liked by his neighbours, he had the reputation of being tight-fisted, and was reputed to have insisted on payment in gold coin which he then carefully stashed out of the reach of his wife Ann. Two such caches have been unearthed, one by Donald Boyd whilst setting a rabbit trap in a hollow log, reputedly 25 sovereigns - and another of 100 sovereigns in a treacle tin hidden in a stump which was discovered by a man from Katoomba, visiting friends who were camped there rabbiting during the depression.
CONFESSION OF ANN McAVENEY
"I, Ann McAveney voluntarily of my own free will and without promise or threat make the following statement.
8th March. 1873
I got disgusted with my husband for the cool way in which he treated me. I thought I would show him the way in which he ought to treat a wife. He used always to treat me coolly. I commenced to arrange matters with him on last Friday night week the 28th February. I killed Patrick McAveney with a tomahawk. I struck him with a tomahawk across the head in bed whilst he was sleeping. I struck him two blows whilst in bed. The blankets were round his head. After striking him with the tomahawk I went out of the house.
When I returned I found him sitting in a chair by the fire. I struck him again and again, five or six blows. I put all the cuts on his head with the tomahawk. I struck him with a stick on the head. After killing my husband I sat by the fire until I was sure he was dead. I then went to the little room and sat on the sofa. I came out again and looked at him and found he was dead. I got a blanket and some calico and covered him over. I went round the table and laid my hand on his foot. I then knew he was dead. I washed the tomahawk with which I killed him and threw it down in the weeds.
I was very cautious that the blood should not spurt on to me. I have got no cloths (sic) with the blood on them. My brown dress and apron I had on me when I killed my husband. I took no money from him. I then began to think what could I do to make it appear that robbers had been at the house. Then I concocted the story which I reported to the police that two men with blackened faces robbed and murdered my husband.
I went to the box and threw the clothes about the house, also the matches and lollies.
The reason that I killed my husband was on account of his general unkindness and ill treatment of me whilst in a sickly state of health and never treating me as a wife. I told him about three weeks before the murder that I would not treat a dog as he treated me.
Fourth day of March, 1873.
Anne X her (McAveney) mark
Ann McAveney further states that there was a bank deposit receipt for £50, fifty pounds, which my husband had lodged in the bank, but I cannot say which bank, which receipt I since burnt in fear that should lead to conviction of having committed the murder.
Tenth day of March, 1873.
Deposition witnessed at Hartley by Edmund Barton JP "
Ann was tried at the Bathurst Circuit Court on 25th April 1873, found guilty of willful murder and sentenced to death. This sentence was commuted to life imprisonment and she died on 28th September 1883, of natural causes, in the infirmary of Darlinghurst Gaol, Sydney.
Ref. Historic Megalong Valley, Mary Shaw 2008
John Merriman, Local Studies Librarian
2014 Blue Mountains City Library