He was convicted for his part in a plot to overthrow British rule in Ireland and establish a republic, and was sentenced to penal servitude.

In October 1867, along with more than 60[3] other Fenians, including O'Donovan, Cornelius O'Mahony and Joseph Nunan he set sail on board Hougoumont.

Following his pardon in 1869 Brophy remained in Western Australia and was involved in the building of the first bridge across the Swan River and went into partnership with Joseph Nunan.

In April 1873, after moving to Victoria the previous year, Brophy married Margaret Freaney at the old St Mary's church in West Melbourne.

[6] A fine monument of local stone was erected over his grave in the Melbourne General Cemetery which now includes other family members.