Showing posts with label court case. Show all posts
Showing posts with label court case. Show all posts

Thursday, 13 April 2017

J is for jail: Bankruptcy of William Pulteney Dana


Shrewsbury Prison1
Shrewsbury Prison main entrance. Image from Wikipedia

William Pulteney Dana (1776-1861), my fourth great grandfather, was gaoled for bankruptcy in 1840. The London Gazette of the period reported insolvency notices. There are several about William Dana:



(On their own Petitions.)
Recorded in The Gazette (London Gazette), Publication date: 18 August 1840 Issue: 19885 Pages: 1921-2 retrieved from https://www.thegazette.co.uk/London/issue/19885/page/1922




Shrewsbury Prison is also known as the Dana. The name comes from the name of the road to one side of the prison and the pedestrian route that runs from near the front of the prison into the town centre. It was named after the Reverend Edmund Dana (1739-1823), William's father.  A website on ShrewsburyLocal History explains:
The Dana is one of the more intriguing Shrewsbury place names, especially for visitors! It starts as a walkway from Castle Street, continues round the Castle and across the railway, and then becomes a street skirting the Prison until it merges with Victoria Street. The Dana (pronounced ‘Danner’, not ‘Darner’) is named after Rev Edmund Dana (1739-1823), who was Vicar of Wroxeter, Eaton Constantine, Harley and Aston Botterell, all apparently at the same time! He did not live in any of these places, however, but in Castle Gates House, the black and white house near the Castle entrance. He had a reputation for being a very eccentric character, but he was a magistrate and also a Trustee of the body responsible for the upkeep of the town’s streets. Hence his interest in improving the rough path that wound around the Castle. How he himself got to be there is also a convoluted path!

In December 1840, a few months after his incarceration, William Dana was out of prison and living in lodgings, still on half-pay from the army, and now running a printing business.




Recorded in The Gazette (London Gazette), Publication date: 13 November 1840 Issue: 19913 Pages: 2558-9 retrieved from https://www.thegazette.co.uk/London/issue/19913/page/2558

Some months later his case was adjourned.




Recorded in The Gazette (London Gazette), Publication date: 5 March 1841 Issue: 19958 Pages: 627-8retrieved from https://www.thegazette.co.uk/London/issue/19958/page/628


I have found no further mention of Dana's bankruptcy in the newspapers. I assume William Dana discharged his debts or made some accommodation with his creditors. However, it seems that Dana's finances never recovered, for at the time of the 1851 and 1861 censuses, he was living with his married daughter and her husband in a terrace house on Holywell Terrace in Shrewsbury. This was quite different from his previous address of Roughton Hall, a 3 story brick mansion near Worfield, Shropshire.

Bankruptcy featured a lot in Victorian literature, and of course Charles Dickens's character of Mr Micawber in David Copperfield immediately springs to mind. (We Australians are pleased to note that Dickens has Micawber emigrate to Victoria, where he becomes a bank manager and magistrate.) Micawber was probably modeled at least in part on Dickens's father, John Dickens, who in 1824 was imprisoned for debt under the Insolvent Debtors Act of 1813. It wasn't until 1869 that debtors no longer went to prison.

Daniel Poole's 'What Jane Austen ate and Charles Dickens knew' is fascinating on the subject of Victorian bankruptcy, debt and money lending.



Pool, Daniel What Jane Austen ate and Charles Dickens knew : fascinating facts of daily life in the nineteenth century. Robinson, London, 1998.




J for 'jail' or G for 'gaol'? Both are acceptable English. 'Gaol' is the older term but 'jail' dominates modern English usage. Current Australian English favours 'jail'.
I first wrote on William Dana and his bankruptcy for the Worldwide Genealogy Blog in 2014: http://worldwidegenealogy.blogspot.com.au/2014/05/bankruptcy-in-england-in-early.html

Further reading

For a brief history of insolvency law in England the Wikipedia article at http://en.wikipedia.org/wiki/United_Kingdom_insolvency_law#History is useful.

Jail or gaol:

Monday, 23 May 2016

Poor little chap

So far in my family history research I have not used DNA testing. Document-based methods give me more than enough to go on with.

However, today I decided to order Ancestry.com DNA kits to learn about DNA methods.  There are three brick walls in my husband's family tree that perhaps DNA might get me past:
  • Henry Sullivan (1862-1943), a great grandfather of my husband, was admitted as a state ward in Geelong in 1866 about the age of four. His parents had deserted him.
  • George Young (1826-1890), from Liverpool, a great great grandfather of my husband,  provided no information about his parents.
  • Caroline Clarke (1835-1879), wife of George Young and a great great grandmother of my husband,  was not specific about her birth and I have been unable to trace her parents, perhaps John Clark(e) and Hannah Sline. She said she was born about 1835  in Tumut. But she also said she was born in Sydney.  I've got nowhere with this.
Having ordered the kits I thought I might look again at these brick walls. More newspapers and other records have been digitised since I last looked. I thought there might be more material.

I didn't get any further with the Young and Clark puzzles. However, I think I have made some progress with Henry Sullivan. The story I have found seems plausible, and more information may turn up, but a DNA link would be very useful to confirm my guesses.

Henry Sullivan at his house, "Navillus", in Bentleigh, Victoria with his wife Anne Sullivan née Morley (1861-1946) and daughter-in-law Florence Sullivan née Hickson (1898-1983) and grandaughter Elaine Sullivan later Priest (1933-1987). Photo from Elaine's daughter.
 Henry Sullivan (1862 - 1943) was a neglected child and was committed as a State Ward in Geelong on 11 June 1866 for seven years. He was said to be a native of Victoria. He was a neglected child. At the time of his committal, both his parents were said to be living but he had been deserted. His parents' names were not given on the Ward Register. He had lost the sight of his right eye. Family stories say he was struck by a magpie. We have not been able to find a birth certificate.

Sullivan Henry VPRS 4527 OS 1 no 1768.
VPRS 4527 Ward Registers [1864 – c.1890] are records of children in State care. Records held by the Public Records Office Victoria.(click on image to enlarge it)
In 1873, when the first seven year committal period expired, Henry, aged 11, was recommitted. At the time of his recommittal it was again stated that both parents were living and that they had deserted him in June 1866.

Sullivan Henry VPRS 4527 OS 8 no 7003

I had earlier looked, without success, for records of court cases in Geelong in June 1866 to find reports of Henry Sullivan being committed as a State Ward.

Today I reviewed newspaper reports from May 1866.

I found a report on 28 May 1866 of a Mary Sullivan appearing before the Central Police Court in Geelong on Friday 25 May accused of stealing. (CENTRAL POLICE COURT. (1866, May 28). Geelong Advertiser (Vic. : 1859 - 1926), p. 3. Retrieved from http://nla.gov.au/nla.news-article147269389 )

Mary Sullivan was unmarried. She had three children of her own and one left in her care to support. The magistrate took into consideration 'the position of the unfortunate children', and Mary was given a mitigated sentence of 14 days imprisonment.  An old woman told the court that she lived in the same house as Mary Sullivan and was left in charge of the children and the 'little one' who had been abandoned by another woman named Sullivan.  The newspaper stated that 'The decrepit and indiscreet creature walked off with the child clinging to her.'

I think that small child was Henry Sullivan.  Fourteen days after Mary's appearance in court on 25 May was about the 8th of June. I suspect that when Mary Sullivan was released from gaol she decided she could not cope with an extra child not her own.

On the 15th May 1866 there had been another report of a child and a young woman called Sullivan.
The attention of the Bench was again called, yesterday, to the case of the young child left in the care of a woman named Sullivan, who now seeks to shift the responsibility she undertook to Mr Hughes, the stepfather of the mother. Mr Hughes appeared in the Court and refused the charge of the child, who, he said, had been placed collusively by the mother with the woman, with a foregone intent to abandon it. He had undertaken the care and education of an elder child to save his step daughter from shame; but her subsequent career had been of a nature to preclude any further favourable consideration of her conduct. She had been twice married, and her husband had left her, and was supposed to have gone to New Zealand, whence no tidings were heard of him, and she had recently left Geelong with some man with whom she had formed an intimacy, and had deserted her children, leaving the one in question with the woman Sullivan, who had been pre paid for its keep for a fortnight, at the end of which time it was planned that the child should be left with the stepfather, a scheme that was defeated by Constable Collins, who saw the woman depositing the child at the stepfather's premises, and warned her of the consequences of the act. The Bench refused the application of the woman Sullivan, who avows that she will not keep the child any longer.  A warrant will be issued for the apprehension of the mother, who, it will be remembered, was the parent of the infant upon, whom an inquest was held at Ashby some time ago. (CURRENT TOPICS. (1866, May 15). Geelong Advertiser (Vic. : 1859 - 1926), , p. 2. Retrieved from http://nla.gov.au/nla.news-article147269067 )

I think in the court case this child is the 'little one' and the woman Sullivan is the Mary Sullivan who, less than two weeks later, was found guilty of stealing. There were two clues to follow up. The step-father of the mother was surnamed Hughes and the mother of the child was the parent of the infant upon whom an inquest was held at Ashby some time previously.

I had some trouble finding the inquest. I dashed down to the library to look at the index of inquests. The surname Sullivan produced nothing likely and inquests held at Ashby also didn't seem to produce anything. I returned to searching the newspapers.  Deaths of infants and consequent inquests were unfortunately quite common.

I found an inquest in November 1865 where the grandmother was Mrs Hughes.  I believe this is the inquest to which the Geelong Advertiser of 15 May 1866 referrs.

Margaret Maria Sullivan aged six months starved to death. She was in the care of her grandmother Matilda Priscilla Hughes, the wife of David Hughes. The parents were William Sullivan and Matilda Frances Sullivan.  The Geelong Advertiser of 23 November 1865 reported the surnames as Sutherland but the Mount Alexander Mail of 24 November 1865 gave the surname as Sullivan. The birth and death indexes confirm that the surname was indeed Sullivan.

In her evidence Matilda Frances Sullivan stated
The mother of the child, Matilda Frances Sullivan, who was in service twelve miles from town at the time, was examined, and admitted having had an illegitimate child before marriage, three years ago. Her husband left her six months after marriage, and she had had another child beside the deceased since then. She swore that her husband visited her twice during that period at her mother's house, and that deceased was his child. She paid to have her first child taken care of in the country ; the other two she left with her mother. (CHILD KILLING. (1865, November 24). Mount Alexander Mail (Vic. : 1854 - 1917),p. 3. Retrieved from http://nla.gov.au/nla.news-article197091398 )
 The Geelong Advertiser reported the mother's evidence:
Matilda Frances Sutherland, wife of William Sutherland, sworn - I do not know what my husband is. The deceased child is mine. I was married on the 6th October, I think, as near as I can remember, 1862, by the Rev Mr Appleby, at Herne Hill. I cannot tell when my husband left me. I have seen him twice since he went away first. The first time he left was about six month after the marriage. Do not know when I saw him again, or how long we lived together. I do not know how long he was with me on either occasion. On my oath, the child is my husband's. The child is not a love child. I do not know the reason why my husband left me six months ago. I had a child before I was married. He knew before marriage that I had the child. I have two children beside the child. The one born before marriage is four years old. When my husband came back is more than I can tell you. I saw him only on two occasions. My first child was born in July 1862. I have not seen my husband during this year 1865. Saw him last year on the two occasions I allude to. The deceased child was born on June 12th, and is six months old. Made no effort to find my husband I suppose he knows that the child is born. I can't as I do not know where he is, nor anybody that does. He has given me no support whilst he has been away, and I get my living by going out to service. My mother supports one child and I the other, for which I pay L1 a month. Gave nothing toward the support of the deceased child. (CURRENT TOPICS. (1866, May 15). Geelong Advertiser (Vic. : 1859 - 1926), p. 2. Retrieved  from http://nla.gov.au/nla.news-article147269067 )
The grandmother's evidence was also detailed in the Geelong Advertiser:
Matilda Priscilla Hughes, wife of David Hughes - I took the deceased child when she was born, in Autumn street, on the 12th June. 'My daughter has three children, one at nurse in the country, for which she pays 5s a week, and the other I keep as well as the deceased child. The elder boy is five years old. The second one is going in two years and the third is six months old. It was delicate from birth, and was fed from the bottle with farinaceous food. I waited on you (the coroner) on Thursday, and said I came to show you the baby. You told me I ought to get a wet-nurse. I did not say to you "I want you to see the child in case any thing should happen afterwards." On Monday I sent the undertaker for a certificate from you of the death of the child. I don't know the father of the child. My daughter's husband has not been seen by either of us for some months before the birth of the boy who is three years old. ... (Geelong Advertiser 15 May 1866 p. 3)
The jury returned a verdict of manslaughter against the grandmother, and also against the mother as an accessory to the child's death.

The Victorian birth, marriage and death indexes confirm the evidence given at the inquest.
  • birth Eleazar Hughes, no father, mother Matilda Hughes. Registration 1861 / 8434 born CHERHAP (this is probably Gheringhap, a Geelong street name but also a village at the junction of the Geelong-Ballarat (1858-62) and Geelong-Maroona (1913) (to Ararat) railways. There were large numbers of navvies and associated construction workers in the area during both those periods.).
  • marriage 1862 William Sullivan and Matilda Frances Hughes. Registration 1862 / 4376.
  • birth Ebenezer Henry Sullivan, father William, mother Matilda (Hughes) Registration 1863 / 14440 born GHER (again probably Gheringhap )
  • birth Margaret Maria Sullivan, father William, mother Matilda (Hughes). Registration 1865 / 8809 born ASHB, probably Ashby, a locality in Geelong West.
  • death Margaret Maria Sullivan, father William, mother Matilda Frances (Hughes). Registration 1865 / 8836. Place of death ASHB.
There seems to be no other record of Ebenezer Henry Sullivan in the Victorian Birth, Death and Marriage indexes..

Eleazar / Eleazer Hughes married in 1881, had children and died in 1949. There are a number of family trees on Ancestry.com which include him.

I believe, based on the coincidence of the court reports and the committal of the small child as a State Ward in 1866, that my husband's great grandfather Henry Sullivan, was Ebenezer Henry Sullivan, the son of William Sullivan and Matilda Frances Hughes.

Should any descendants of Eleazer, Henry's half-brother, be willing to help, DNA testing might be able to confirm this.


Saturday, 23 April 2016

T is for trial for theft

Court records from the Old Bailey give insights into criminals, crimes and the victims of crime. Nearly 200,000 trials from London's central criminal court dating from 1674 to 1913 have been digitised. Three quarters of the cases are for theft.

Herbert Joseph Champion de Crespigny (1805-1881) was my second cousin five times removed, the second youngest child of Sir William and Lady Sarah Champion de Crespigny; younger brother of Augustus and Heaton, about whom I wrote recently.

Herbert was a lawyer, educated at Cambridge. In 1822 he was admitted to the Middle Temple, one of the four inns of court entitled to call their members to the English Bar as barristers. He was called to the bar in 1832.

In 1838 Herbert was driving his gig, a light two-wheeled spring carriage pulled by one horse, in Weymouth Street, London. This street links High Street, Marylebone, and Harley Street and Portland Place.

Herbert's carriage overturned and Herbert broke his leg. He was carried into a nearby house. He alleged that during the incident one of his assistants stole a key and some money from him.

A gig, c 1815-1830 - a few years before Herbert's journey along Weymouth Street.
Oil painting of a Stanhope gig carrying two well-dressed gentlemen, drawn by a white horse. Gigs were used by people who often needed to make short quick journeys with minimum fatigue to the horse. From Wikimedia Commons.

2313. WILLIAM LYONS was indicted for stealing, on the 7th of September, 1 key, value 3d.; 3 shillings, 1 sixpence, and 1 four-penny piece; the goods and monies of Herbert Joseph Champion de Crespigny, from his person.
HERBERT JOSEPH CHAMPION DE CRESPIGNY . I live at Ewell, in Surrey. On the 7th of September, I was driving my gig in Weymouth-street—my gig was overturned and I broke my leg in two places—I was carried on a shutter to a house, and when in the bed-room I saw the prisoner there—he helped to take off my things—I had a key and about three or four shillings in my waistcoat pocket—I looked very hard at the prisoner—he seemed to look as if I should know him—he wanted to take my pin out of my shirt—I would not let him—I asked if he was a tailor living near there who had done some things for me—he said he was—but he is not—he was taken for something else, and then my pockets were searched and this money was missed—there were two sixpences and a few-penny piece that I had marked, and this key of my writing desk—I had marked one sixpence and one fourpence, the other sixpence I had not marked, but I can swear to it.
ROBERT KEBRUNT . (police-constable D 56.) The prisoner was given to me—I found on him a sovereign and several shillings, sixpences, and four pence—I found these that are identified, and the key—he was taken on another charge.
Prisoner. I had been out drinking, and assisted to take the gentleman to the house—I did not know what I had about me then, but I did the next day—I said I had been taking various small change—I am a glove-cleaner—I picked up the diamond pin belonging to the gentleman, and gave it him—I was very much intoxicated when I was taken. Witness. He was drunk.
GUILTY . Aged 25.— Confined Six Months. (from Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 21 April 2016), October 1838, trial of WILLIAM LYONS (t18381022-2313).)

The coins, 3 shillings, 1 sixpence, and 1 four-penny piece [a groat], seem small in value. Using a measuring worth calculator, in 2014, the relative value of £0 3s 10d from 1838lies between £15.44 to £641.90. The "real price" of the value of the coins is £15.44, obtained by multiplying £0.19 by the percentage increase in an index of the average cost of things a household buys from 1838 to 2014.The economic power value of those coins in income or wealth is calculated as £641.90 ($AUD1187). The economic power value calculation is based on the value relative to the total economy.

The theft of a key and $1,000 would not result in imprisonment for six months in the present day.

Related posts

Tuesday, 19 April 2016

P is for Plymouth's peccancy protection payment provocation

At N is for nuptials in Norwich I wrote about Heaton Champion de Crespigny (1796-1858), my second cousin five times removed.

Heaton's mother, Lady Sarah Champion de Crespigny née Windsor, was the daughter of the 4th Earl of Plymouth, sister to the 5th Earl, and aunt to the 6th Earl. Heaton was thus a cousin to Other Windsor, 6th Earl of Plymouth (1789-1833).

Other Archer Windsor (1789–1833), 6th Earl of Plymouth. Portrait at Kelmarsh Hall. Image from http://artuk.org/discover/artworks/other-archer-windsor-17891833-6th-earl-of-plymouth-49153

In early October 1828 the Bath Chronicle reported that Heaton de Crespigny had fled to Paris to avoid being called as a witness against his former friend in the court case initiated by Heaton's father, Sir William de Crespigny. I have previously written about the court case and the duel fought by Heaton.

Bath Chronicle and Weekly Gazette 2 October 1828 page 2 from FindMyPast.com.au
Image (and subsequent newspaper images) reproduced with kind permission of The British Newspaper Archive (www.britishnewspaperarchive.co.uk)
© THE BRITISH LIBRARY BOARD. ALL RIGHTS RESERVED

It seems he was still in Paris through November 1828.

Salisbury and Winchester Journal 1 December 1828 page 2 retrieved through FindMyPast.com.au

Though the court case was still underway, it seems that in early December Heaton returned from Paris. On 10 December 1828 Heaton was committed for trial in Melton Mowbray for attempting to defraud the Earl of Plymouth.

From the Morning Chronicle of 12 December 1828, page 3:



Newspapers across England reported on the bizarre case. It was suggested that Heaton was in a state of derangement when he composed the letter to his cousin.

Evening Mail 15 December 1828 page 4 from FindMyPast.com.au

London Courier and Evening Gazette 18 December 1828 page 3 from http://search.findmypast.com.au
The story of Heaton's arrest was revised later in December.

Hampshire Advertiser 20 December 1828 page 1 from FindMyPast.com.au
The next assizes were not due to be held until the following March. However, Heaton's friends and family managed to have him moved from Leicester to London.

London Courier and Evening Gazette 22 December 1828 page 3 from FindMyPast.com.au

Heaton was granted bail in London and then taken to a lunatic asylum by his friends.

Bury and Norwich Post 31 December 1828 page 4 from FindMyPast.com.au
The Earl of Plymouth agreed to drop the charges against him if Heaton left England.

Royal Cornwall Gazette 3 January 1829 page 2 from FindMyPast.com.au
At the Leicester Assizes in August the case was finally dropped.

Evening Mail 17 August 1829 page 2 from FindMypast.com.au

During 1829 Heaton's name was not out of the news, for the case between his father and Mr Long Wellesley still continued.


Related posts

Saturday, 19 April 2014

Q is for quarrelling including a duel

Heaton Champion de Crespigny (1796-1858) was my second cousin five times removed. He was the son of Sir William Champion de Crespigny (1765-1829), the second baronet, (who accused his coachman of stealing his harness).

1n 1828 Heaton fought a duel in Calais. Briefly Mr Long Wellesley  (1788-1857) accused Sir William de Crespigny of intimacy with  Miss E Long, the sister of Mr Long Wellesley's late wife. Long Wellesley believed the accusations had been confirmed by Heaton de Crespigny. Heaton later retracted the confirmation. A duel was fought. The matter later went to court which found against Long Wellesley. 

William Pole-Tylney-Long-Wellesley, 4th Earl of Mornington, drawing about 1812. From Wikimedia Commons
Drawing of the Hon. William Pole Tylney Long Wellesley
Reverend Heaton Champion_de_Crespigny (1796–1858) by Philip August Gaugain Oil on canvas, 73 x 62 cm Collection: Kelmarsh Hall URL http://www.bbc.co.uk/arts/yourpaintings/paintings/reverend-heaton-champion-de-crespigny-17961858-49124 
William Pole-Tylney-Long-Wellesley, 4th Earl of Mornington, is described in the History of Parliament as "surely one of the most odious men ever to sit in Parliament". His obituary notice in the Morning Chronicle claimed that he was redeemed by no single virtue, adorned by no single grace. He was from a distinguished family. One uncle was Governor-General of India, another was the 1st Duke of Wellington. In 1812 he married Catherine Tylney-Long, a very wealthy heiress, believed to be the richest commoner in England at the time. At the time of the marriage William changed his surname to acknowledge his wife's surname. Catherine died in 1825 and William sought custody of his children (and through them access to his late wife's wealth). William was a notorious rake and was cited as co-respondent in a divorce case for adultery. Before her death Catherine was planning to divorce him and had entrusted her children to the care of her unmarried sisters. The matter went to Chancery court. William's uncle, the Duke of Wellington, intervened to keep the children out of William's custody.

In the course of the proceedings in the Chanceery court, Long-Wellesley attempted to show that his late wife's sisters were not suitable guardians for his children. He wrote a letter, published in The Sunday Times, asserting that Sir William de Crespigny and Emma Long, one of the sisters, had been intimate. (I have not found a copy of the original letter.)  Long-Wellesley asserted that Heaton de Crespigny, Sir William's son, had confirmed the story. While Heaton at first appeared to have confirmed the story, he later spoke to his father, and then retracted the confirmation.  He then requested Wellesley to retract his assertions. Otherwise he insisted on immediate satisfaction.


Wellesley and de Crespigny fought a pistol duel in June 1828 in Calais. They both fired, missed, and withdrew.

Extract  from "Duel Between Mr. L. Wellesley And Mr. De Crespigny." Times [London, England] 30 June 1828: 7. The Times Digital Archive. Web. 17 Apr. 2014.
 Duelling was against the law, hence the duel had to move to France once the police became involved.

This is another account of the duel:
from Wellington's Voice: The Candid Letters of Lieutenant Colonel John Fremantle, Coldstream Guards, 1808-1821 (Google eBook retrieved from http://books.google.com.au/books?id=pGIh9k2VPIgC&pg=PT412)

 In 1829 Heaton's father, Sir William de Crespigny, sued William Long-Wellesley for libel. It was found that 
in an action for a libel, it is no plea, that the defendant had the libellous statement from another, and upon publication disclosed the author's name. 
Sir William de Crespigny was awarded one thousand pounds in damages, the equivalent of around one million pounds in today's money or two million dollars.

----------
References : 

Thursday, 17 April 2014

O is for Old Bailey records

I have written once before about the proceedings of the Old Bailey, London's Central Criminal Court, which are online at oldbaileyonline.org in a useful searchable format.

In my previous blog entry, at http://ayfamilyhistory.blogspot.com.au/2013/08/george-bowyer-transported-for.html, I wrote about the theft of a pocket handkerchief from my fifth great uncle, Claude Crespigny. The thief was transported as a convict to Australia, which seems a very harsh punishment for a minor theft. It appears he did not survive the voyage.

In 1789 Claude Crespigny's son, William (1765-1829), accused his former coachman, William Hayward, of stealing some used harness from him. (Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 15 April 2014), January 1790, trial of WILLIAM HAYWARD (t17900113-104).)

The Old Bailey Sessions House by John Ellis, 1790. Image from http://www.oldbaileyonline.org/static/The-old-bailey.jsp
William Crespigny had dismissed his coachman and then travelled from London to his country house in Berkshire. Some weeks later he sent to his coach house in Little Portland Mews in London for the harness. The harness did not come. The harness, which had William's crest on it, was probably about two or three months old.

The question in the trial was what arrangement he had made with his coachman.

When this coachman was engaged, did you make a bargain with him? - I did of course.

Does it happen to you, among the coachmen you have employed, to recollect the terms of that bargain? - Perfectly.

I will trouble you to state them: I believe at first he asked twenty six guineas? - I do not recollect.

This will be very important; I must trouble you to tax your recollection; I believe in the end, the standing wages agreed on, was twenty two guineas, together with other articles? - Yes.

One guinea for boots? - My memory does not serve me.

One guinea for breeches; does your memory serve you to that? - I cannot say.

Do you recollect whether he was to have the old wheels, in order to make up this sum? - I perfectly recollect he was not to have them; I never allowed either old wheels or old harnesses to any coachman; I do not remember that any thing was said about it.

Was any thing said about the old harness? - Nothing to my recollection; I can venture to say, to the best of my recollection, upon oath, that nothing was said; I mean to swear that if any thing was said, that I never agreed to it.

Explain to me what these articles were that were to make up the twenty-two guineas, to be twenty-six guineas? - I believe I gave him twenty-five guineas a year, to the best of my recollection; I do not keep such a very minute recollection.

I must not compliment away a man's liberty? - I think it was twenty-five guineas a year.

Court. I understood you, the agreement was twenty-two guineas a year wages; what other agreement did you make besides? - I believe there were boots and breeches, and a number of et cetera's which the coachmen generally have, but I will not say on my oath.

Mr. Garrow. Pray do not be in a hurry, Mr. Crespigny, the boots and breeches we know all the world over, are two guineas; and the old wheels, though they cost us eight pounds, sell for one? - I know nothing about the old wheels; I never made any agreement for them.

Did your former coachman account for the old wheels? - No, never: I believe they were the first wheels I had ever wore out.

The trial was a trial by jury. William Hayward was found not guilty. There seemed to be reasonable doubt as to whether Hayward was entitled to the old harness as a perquisite, as much his right as his wages. However, the court was at pains to point out that Hayward's acquittal was not setting a precedent: "it is by no means to be understood that servants have a civil right to lay hold of the property of their masters and keep it as wages."

William Crespigny's memory issues are similar to those of Arthur Sinodinos at the recent ICAC hearings, represented in this cartoon about Arthur the bilby at http://www.theguardian.com/commentisfree/cartoon/2014/apr/07/australia-australian-politics?CMP=ema_632 .

Saturday, 17 August 2013

George Bowyer transported for pickpocketing

The proceedings of the Old Bailey, London's Central Criminal Court are online at oldbaileyonline.org in a useful searchable format.  My attention was brought to this resource by a talk given by Joshua Taylor in Melbourne which was sponsored by findmypast.com.au .

Browsing for my forebears, whether victims or villains, I came across an item where George Bowyer was found guilty of pickpocketing and sentenced to seven years transportation. (Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.0, 17 August 2013), July 1790, trial of GEORGE BOWYER (t17900707-35).)

The trial was on 7 July 1790 and the victim, Claude Crespigny, described how he was alerted to the theft by a footman and pursued the thief.
CLAUDE CRESPIGNY , Esq. sworn.
On the 2d of June last, about noon, under Newcastle-house , a footman told me I was robbed, and pointed to the prisoner, and called to him; and in King-street I came up to him; I never lost sight of him; towards the end of Gate-street, a man caught him in his arms; and he had thrown my handkerchief into a passage; I saw him make a motion with his right arm, as he was running, before he was stopped: I stooped passing by the passage, and picked up my handkerchief; that was in the pursuit, scarcely stopping in my career: he was instantly stopped within a few yards of that passage: I saw my initials, and No. 14, on the handkerchief: the prisoner was taken to Bow-street.
Newcastle House  is a mansion in Lincoln's Inn Fields in central London, England. It was one of the two largest houses built in London's largest square. It was rebuilt after a fire in 1688.  In 1790, at the time of the crime, half the house was purchased by James Farrer ; the firm of solicitors Farrer & Co still occupy the building. (Newcastle House. (2013, April 5). In Wikipedia, The Free Encyclopedia. Retrieved 02:10, August 17, 2013, from http://en.wikipedia.org/w/index.php?title=Newcastle_House&oldid=548786613)
Newcastle House in Lincolns' Inn Fields, London. John Bowles, 1754. Retrieved from Wikimedia Commons.  The building looks very similar today as can be seen from street view on Google maps.

From Google maps: the route can still be walked today.  In distance it equals 1/10th of a mile and would take 2 minutes to walk.

George Bowyer was found guilty and sentenced to 7 years transportation. He was transported with the third fleet setting sail in January 1791 sailing on the Albermarle. (Ancestry.com. Australian Convict Transportation Registers – Third Fleet, 1791 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Original data: Home Office: Convict Transportation Registers; (The National Archives Microfilm Publication HO11); The National Archives of the UK (TNA), Kew, Surrey, England.)

The Albermarle left Portsmouth on  27 March 1791 with 282 male convicts and six female convicts.  She was one of eleven ships in the convoy.  Not long after departure there was a mutiny, but it was foiled and the perpetrators executed.  In the mean time the ship fell behind the fleet.  The voyage lasted 200 days.  There were 32 deaths of male convicts on the voyage. (Convict Ship Albemarle 1791 from http://www.jenwilletts.com/convict_ship_albemarle_1791.htm retrieved 17 August 2013).

It is not certain what became of George Bowyer.  I can find no further reference to him.  He may have been one of the 32 men who died on the voyage.  No lists of those men are available.

Transportation to Australia seems a very harsh punishment for the pickpocketing of a handkerchief, even a silk handkerchief.

Claude Champion Crespigny (1734-1818) was my fifth great uncle.  He lived at Lincolns inn Fields at the end of his life, and was Receiver of the Droits of Admiralty and Director of the South Sea Company.  He was the first Champion de Crespigny baronet, having been created baronet after entertaining the Prince of Wales, later George IV, at his house at Camberwell. At the time of the incident he would have been 55 years old.
Claude Champion Crespigny





Sunday, 21 July 2013

Gerald Mainwaring (1854 - ? )

Gerald Mainwaring born about 1854 was the sixth of ten children of the Reverend Charles Henry Mainwaring (1819 - 1878) and his wife Jane née Delves-Broughton (1824 - 1873).

Charles Henry and Jane married in 1847.  He was the fifth child (fourth son) of Admiral Rowland Mainwaring of Whitmore Hall in Staffordshire (1783 - 1862).

Lancaster Gazette 16 October 1847 page 3
Charles Henry had been ordained in 1845 and tool up took up residence at the rectory as curate of Whitmore in 1846. He was inducted as rector of Whitmore in 1868 following the death of the incumbent the Reverend John Brazier.

In 1861 Gerald aged 6 was living at Whitmore rectory with his father, nine siblings and a governess, cook, three housemaids and another female servant. His mother was away from home.

Source Citation: Class: RG 9; Piece: 1915; Folio: 4; Page: 2; GSU roll: 542886. Source Information:
Ancestry.com. 1861 England Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2005.
 In 1871 Gerald was not at home with his parents and 8 siblings. Also missing from the family home was Cecil.
Source Citation: Class: RG10; Piece: 2830; Folio: 4; Page: 1; GSU roll: 836372. Source Information:
Ancestry.com. 1871 England Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2004.

At the time of the census, Cecil and Gerald were at Rossall College or Northern Church of England School near Thornton, Lancashire. ( Source Citation: Class: RG10;  Piece: 4224;  Folio: 149;  Page: 11;  GSU roll: 846962. Source Information: Ancestry.com. 1871 England Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2004.)

Rossall School was founded in 1844. In 1865 in the book The Great Schools of England by Howard Staunton, Rossal School is described as having 
the object as its prospectus informs us of giving an education to the sons of clergymen and others similar to that of the Great Public Schools of a more comprehensive character and at less cost.  (http://books.google.com.au/books?id=pLMAAAAAYAAJ&pg=PA491 )
The school could cater for 400 boys and in the 1871 census filled a twenty page enumeration book with pupils and staff members (25 to a page).

Rossall School in 1904.  The archway was built in 1867.


As a side note, stone from Rossall can be found in the cloisters of Canberra Grammar School, where my brother, son and nephews went to school, along with stones from Eton, Westminster, St Paul's, and ten other schools.

Gerald's mother Jane died on 30 June 1873 at the age of 51.

Gerald's father died in 1878 at Whitmore age 58.

The oldest daughter Ethel Mary Mainwaring (1848 - 1932) married William Robert Parker-Jervis in 1877.

The second daughter Maude Mainwaring (1849 - 1924) in 1881 was visiting her sister Julia and husband.  In 1886 Maude married Edward Swynfen Parker Jervis of Little Aston Hall; he was her sister Ethel's father-in-law, that is the father of William Robert Parker Jervis.

The oldest son Rowland Broughton Mainwaring (1850 - 1926) had entered the army in 1871.  He had a distinguished career and served as a general in World War 1. He married in 1880 but died without issue. In 1873 he was in Africa serving in the Third Ashanti War as a Lieutenant in the 2/23rd Royal Welsh Fusiliers.

The second son Henry Arthur Mainwaring   (1852 - 1877) died in Cordoba, Argentina aged 25.

Cecil Charles Mainwaring (1853 - 1877) died age 24 near Toronto, Canada.  His occupation at time of death was a clerk.

Administration of the estates of Henry and Cecil was granted to Edward Delves Broughton of Wistaston Hall who was the sole acting executor of the will of their father.

Pauline Jane Mainwaring (1854 - 1909) married Robert Burton in 1891.  In 1881 she accompanied her brother Percy on a visit to Angus Obbard and his wife.  Obbard was a clergyman living in Sussex.

Gerald was tried for murder in 1879 (more on that later). Before 1879 he had been 3 or 4 years in America, one report stated he was successfully farming at Manitoba in Canada. There is a shipping record for 1875 for a Mr Mainwaring sailing to Quebec on the Nova Scotia but there is not enough information to identify him as a member of the family or otherwise.

Julia Sophia Henrietta Mainwaring (1857 - 1943) married Walter Neil Jervis at Clifton Derbyshire in April 1879.  Apparently it was for this wedding that Gerald Mainwaring returned from Canada.

Pall Mall Gazette 1 May 1879 page 3


The fifth son Percy Edward Mainwaring (1858 - 1927) studied at Pembroke College, Oxford.  He became Rector of Whitmore in 1885.

The sixth son Gordon Louis Mainwaring (1860 - 1901) was on the 1881 census an articled clerk (law) living in lodgings in Nantwich.  In 1891 he was living with two of his sisters at Clifton Cross, Derbyshire, and was of independent means.

Murder of Police Constable Moss by Gerald Mainwaring in July 1879

As mentioned above, Gerald was in Manitoba farming from the mid 1870s.  He returned to England  in April 1879 to attend his sister Julia's wedding.  In July he was due to return to Canada but before doing so decided to go on a spree in Derby.  He became very drunk, was apprehended by the police when driving a trap very fast through the town.  He was apprehended by the police together with a female companion.  When the police were searching the female companion, Gerald Mainwaring fired several shots with a revolver he was carrying; he wounded two policemen, one of them fatally.

Gerald Mainwaring was tried and was found guilty of murder. He was sentenced to hang.  However, his sentence was commuted to penal servitude for life as it turned out that the jury had not been able to agree the sentence and effectively drew a ballot to decide.

On the 1881 and 1891 censuses Gerald Mainwaring was recorded as a prisoner at Her Majesty's Prison at Chatham Kent.  The prison closed in the 1890s.

I can find no record of Gerald Mainwaring on the 1901 census or in the death records. Nor is there any newspaper mention of him.  The family history compiled in the 1930s states he died in America and does not specify a death date.

Gerald Mainwaring was my 1st cousin four times removed.