The incarceration of women in the 19th century, in establishments such as Wollongong Gaol, was looked upon as not only an act of criminal law but as an act of morality; relating to a deviance from the “norm” of how a woman was expected to behave and ‘be’. Men and women had their defined roles, responsibilities and status within society. For women, offences such as drunkenness, vagrancy, or prostitution, were seen as morally corruptible, rather than outcomes of social desperation.[1]

The available entrance records for Wollongong Gaol over the period 1866-1898 show the majority of female prisoners were incarcerated for drunkenness, obscene language, riotous behaviour, vagrancy, ‘common prostitution’, or as a result of being deemed ‘a lunatic’. At the time, approximately half of the women gaoled had little or no education,[2] (although literacy levels did improve as the years progressed) were mostly immigrants and were generally looked upon as the lower class of society. Crimes of this nature did not fit with the social expectation of how a woman should behave in a civilised, developing township.

In the latter 19th century, literacy levels were increasing for women, yet the only options for employment was domestic service. These jobs were poorly paid, work was demanding and wages usually covered household expenses but left little for ‘luxury items’.[3] For the women in Wollongong Gaol who were charged with theft, it was often money, jewellery or clothing that was stolen.

The ‘crimes’ committed by many of these women would probably be considered a misdemeanor in modern terms but in the 1800s, they were taken seriously. Although information relating to punishment types and the reasoning for the length of sentences is limited, it is interesting to see the differences in punishment for similar crimes. For drunkenness the sentence ranged from fines of one to twenty pounds or alternatively, gaol time from twenty-four hours, to seven days. For repeat offenders, the duration was usually increased to months at a time, and often with hard labour. Being charged as a ‘common prostitute’ generally guaranteed a prison sentence of about six months hard labour. Interestingly there never seemed to be a mention of the ‘gentlemen’ who procured the services of these women. Obscene language charges, threatening behaviour or idleness all incurred fines or sureties, but gaol time if there was no money to pay. Considering the majority of the women were from poor households, paying a fine seemed out of the question, so most were incarcerated. Vagrancy seemed to be the most punishable crime, with the women being given the harshest sentences of months at a time, with hard labour.[4]

Drinking was a big problem. Drunkenness was often seen as the domain of men, with women’s drinking habits seen as less excessive and on a smaller scale. ‘Polite’ society scorned women’s drinking. It was generally looked down upon and was assumed the majority of women who were drunkards, were immoral and from the social and economic periphery.[5] The Illawarra Mercury reported that drunkenness was considered an ‘awful curse, a blight that falls on all grades of society’. Affects men and women, ‘muddles the brain, ruins the purse and destroys the constitution’. There was an appeal to government to pass some form of legislation to deal with the growing problem of alcohol abuse. It was questioned whether ‘drunkards’ should be classified as ‘lunatics’ and locked away in public asylums. However it was counter argued that perhaps people who wanted to ‘get rid of inconvenient relatives’, might cry ‘drunkard’! It was all too hard. Drunkenness was surely subjective, and who could determine when one had drunk enough?[6]

The entrance books are a fascinating insight into the women and their wrongdoings. In 1869, Sophia Shiels was charged with cutting growing timber with the intent to steal. Sophia paid her fine. In 1871, Jane Leech had some alcohol before trying to hang herself, albeit unsuccessfully and was gaoled for three months. She was eighty-eight years old. Catherine O’Hara was tried in Wollongong for making counterfeit coins, however this must have been quite serious as she served one year in Darlinghurst, rather than Wollongong Gaol. Often women who committed crimes in Sydney were tried there but then sent by steamer to Wollongong to serve their time. In 1880, fifteen women were in court in Sydney but all ended up in Wollongong Gaol. Rose Devlin was one of those women. She was charged with being a prostitute and given six months hard labour. Mary Anne Emerson was charged with running a ‘bawdy house’. Kate O’Reilly, vagrancy, Elizabeth Smith, riotous behaviour and Sophia Abrahams received nine months hard labour for stealing jewellery. Catherine Ainsworth was given the option of one month or a thirty-pound fine for selling liquor without a licence. Luckily for Catherine, that liquor selling must have paid off, as she paid the fine!

Alice Rowles and her sister Bridget O’Brien were caught up in a commotion when both were charged with using obscene language in their home. Police were walking past the premises when they heard Alice screaming obscenities at her husband. They knocked on the door and found Alice’s husband had a black eye and Bridget’s hair was on fire. Alice explained she was recently married and the honeymoon ‘had not yet expired’, therefore she could not have used the language described by the policeman. She also stated she was not responsible for her husband’s black eye as ‘she knew her place’. Bridget explained her hair had caught fire because she was looking for a key and when she bent forward, her hair caught light in a candle. Plausible? Possibly. All involved parties vigorously denied the language charges and the defense argued the police had no right to enter the house. The constable relayed how he had never seen such a way of life and hoped never to again! “Such corruption from beginning to end”, he stated. Both women were given the option of a fine or imprisonment. Alice served two months and Bridget paid her fine.[7]

Ellen Eliza Woods, was also an interesting character who was gaoled multiple times. She was born in Bombay, arrived in Australia in 1835 onboard the ship, Canton of London and married convict Joseph Collins, in 1836.[8] Ellen, like the others, had charges of obscene language, stealing, assault and vagrancy. It seems Ellen was fairly religious, (she hoped the “curse of God” would fall upon one arresting officer) but she could not decide which religion she belonged to. This would have been somewhat controversial at a time when the majority of the population was Christian. For her first couple of arrests she declared herself Church of England, the next Protestant, before stating that she was “Hebrew” (Jewish). However her religious convictions did not stop her stabbing her daughter in the stomach,[9] (She was carving meat at the time), or from stealing a ring from the ‘person of Mrs. Watts.[10] She was gaoled in 1878 for using ‘obscene and filthy language in the streets’,[11] with her final incarceration a year later for vagrancy.[12]

For the majority of women who spent time in Wollongong Gaol, their lives were very similar. Most were adjusting to life in a new country, often away from family and friends, as they had immigrated on their own. Many lived a hand to mouth existence with little options for rising above poverty, or obtaining an education. Women were supposed to conform to society’s moralistic standard, therefore these women were often outcasts, which would have a significant impact on their lives.

[1] Zedner, Lucia. ‘Women, Crime, and Penal Responses: A Historical Account’. Crime and Justice, Vol.14 (1991), p.308.

[2] SRNSW: Entrance books Wollongong Gaol (1866-1898), NRS2590, (5/1628-29), SR Reel 2378.

[3] Lombroso, Caesar & Ferrero, William. The Female Offender. (New York, 1898) D. Appleton and Company. p.205.

[4] SRNSW: Entrance books Wollongong Gaol (1866-1898), NRS2590, (5/1628-29), SR Reel 2378.

[5] Piper, Alana. ‘All the Waters of Lethe: An Experience of Female Alcoholism in Federation Queensland’. Queensland Review, vol. 18, no. 1 (2011), p. 86.

[6] The Illawarra Mercury, 21 Jun. 1870, p.4.

[7] The Illawarra Mercury, 14 Jul. 1885, p.2.

[8] NSWBDM, Marriage, V1836 347 20.

[9] Kiama Independent, 4 Mar. 1869, p.3.

[10] Kiama Independent, 3 Aug. 1865.

[11] Kiama Independent, 24 Dec. 1878, p.2

[12] SRNSW: Entrance books Wollongong Gaol (1866-1898), NRS2590, (5/1628-29), SR Reel 2378.