Sydney as a hub for the NSW Gransdens

In the most recent subject I am doing for the Diploma of Family History at UTAS the focus is on Place, Image, Object. The idea is to look at places, images and objects to provide context for family history.

One of the assessment pieces in this unit is an annotated map. The map has to have both a subjective and objective element to it. I decided to do a map of Sydney based on a map from 1836.

Annotated Gransden Family Map of Sydney

Annotated Gransden Family Map of Sydney

I based this on an early map of Sydney from when the first of the Gransdens, focused on in this map, arrived in Australia. I then used the boats to represent all of their trips. Each of the buildings has a connection to the lives the Gransdens lived.

All the male Gransdens who arrived in Sydney were sailors so the light house was the first thing they had to look out for when they arrived in Sydney. The Churches are where some of them were married, the places with notation were things like, the lumber yard where Mary was employed from. She went to work at the Kings Head. Unfortunately we don’t know what that looked like when she worked there but the picture I painted is of the hotel during the life time of the family.

The the road to Parramatta is present because one of the Gransdens owned property further along that road and most of them at some stage had to travel that road to get to Bathurst where both Robert Gransden and Mary Ann Gransden and their families lived at some stage.

I pulled in elements to create something that was representative of the family. I drew the pictures and used the paintings to give a larger sense of space than they have in modern day Sydney. This was to give more of the sense of space that the original buildings would have had during this families time in Sydney.

The colours are also representative of two things. The reds around the advewrtisement show the initial fear, excitement and uncertainty of the trip and resettlement. The blues and greens around Sydney are more representative of the ideal, the dream, than they are of reality. Reality would have been much dustier and dirtier than that.

This project helped to give me a more cohesive overview of the Gransden families lives. It helped me to put them together as a unit, rather than to have them as individuals with their life events isolated from each other.

Aside

My computer is dying so I have not been able to put anything up on my blog for a while. More is coming but I need to get a new computer first.

I have been creating an annotated map for the latest unit from the Family History Diploma at UTAs. Hopefully I will have photos of that available soon. It is a fund project.

The Adventures of Captain Durant and the Washington Irving. Part 2

Link to Part 1

For the next couple of years the Washington Irving with Durant as Captain did a number of runs between London and Sydney. In 1856 the ship arrived in Sydney in March. This time the Washington Irving had been used to drop supplies off at Booby Island, including onions, potatoes and pumpkins.[1] Booby Island is located about 50km off the Cape of York. So many ships were wrecked in the local area in the nineteenth century that provisions were kept there, including those grown on the island, for ship wrecked sailors. Two log books were also kept there, one was placed there in 1835 and another just after the Washington Irving dropped off supplies in 1856. Unfortunately it is not known where either book is now or if they still survive. Mail was also dropped at the island for exchange with ships going in different directions.[2]

On the 1856 trip, yet again the Washington Irving had trouble getting a Pilot to come and pilot his ship into a berth. The Washington Irving was anchored above Pinchgut, Fort Denison, without a pilot. The Ship arrived at about a quarter to 10 on the first of March. By seven o’clock they had fired thirteen rockets, burned blue lights at the mast head and burned a turpentine light but failed to attract a pilot. Eventually a pilot did come out but Captain Durant refused to pay due to the length of time that he had been waiting.[3] Again the Pilot that came out to the Washington Irving went by the name of Hawkes.[4]

The next time Captain Durant arrived in Sydney was to be even more eventful than his 1855 trip. The Ship had sailed on the 19th of June with 308 Government Immigrants on board.[5] The Pilot John Waters, took charge of the Washington Irving as it left Portsmouth. At about 7pm off Lepe near Hampshire, a violent squall struck the Washington Irving carrying away the jib-boom and the foretop gallant-mast. When clearing away the wreck a crew member fell overboard. At once a life buoy was thrown to him. However, on this case the Washington Irving was fitted with the new Clifford’s Lowering Gear. This enabled the crew to lower a life boat and save the life of the sailor who had fallen overboard.[6] Clifford’s Lowering Gear was a new and speedy way of enabling sailors to lower a smaller boat from their ship. It was instrumental in saving a number lives within months of it first being fitted to ships in the 1850’s.[7]

This time there were no problems with a Pilot not arriving on time to berth the Washington Irving. This time a Mr. Robson arrived and piloted the ship in. Robson had arrived whilst the Washington Irving was still outside the Heads and as far as Captain Durant was concerned “gave every satisfaction”.[8] However, the troubles with the Pilots not arriving on time were a continual issue for many Captains and for the Sydney Ports. As a result of continual complaints by those trying to berth ships and two fatalities, the Dunbar[9] and the Catherine Adamson[10] due to poor responses from Pilots, poor management by the Pilots and the difficulties associated with navigating into the Harbour, a report of the Light, Pilot and Navigation Board was prepared and submitted to Parliament. Captain Isaac Durant of the Washington Irving was one of fourteen witnesses bought before the Board to contribute to the Report.

The Dunbar had been lost with only one survivor. The Catherine Adamson lost 21 people including the Pilot Hawkes, whose body had washed up some days after the Catherine Adamson went down.[11] Many things contributed to the wreck of the Catherine Adamson including weather, difficulty accessing the ship as it was breaking up and trouble getting boats close enough to get those in trouble off the boat. It was also concluded that the Pilot Hawkes was in “no fit condition” to be Piloting the Ship.[12] The fault can certainly not all be laid at Pilot Hawkes door, but it seems probable that he contributed to the issues experienced by the Catherine Adamson and that eventually lead to her being wrecked. Isaac Durants experiences with the Pilots of Sydney Harbour and in particular the Pilot Hawkes were certainly not isolated incidents. These two wrecks resulted in an investigation into the Pilots of Sydney Harbour and the building of the Hornby Light on the tip of Inner South Head to help increase safety for ships negotiating such a difficult entry to the Harbour.[13]

The Dunbar was one of the two wrecks that led to the establishment of the Hornby Lighthouse. Image : From Dusk Till Dawn. http://www.lighthouses.org.au/lights/NSW/Hornby/Hornby%20Lighthouse.htm

The Dunbar was one of the two wrecks that led to the
establishment of the Hornby Lighthouse.
Image : From Dusk Till Dawn. http://www.lighthouses.org.au/lights/NSW/Hornby/Hornby%20Lighthouse.htm

Hornby Lighthouse, Watsons Bay, South Head. Authors Collection.

Hornby Lighthouse, Watsons Bay, South Head. Authors Collection.

More records are coming out about Merchant Sailors all the time. Tony Robinson has a short clip of some of the new records coming out that I would like to use more.

 

[1] 1856 ‘Ship News.’, The Cornwall Chronicle (Launceston, Tas. : 1835 – 1880), 13 September, p. 4. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article65726324

[2] Malcolm S Macdonald t/as Lighthouse Computer Training & Development (1997-2001). Lighthouses of Torres Straight, Queensland. Booby Island Lighthouse. http://www.lighthouses.org.au/lights/QLD/Booby%20Island/Booby_Island.htm (Accessed 20th June 2016)

[3] 1857 ‘The Sydney Morning Herald.’, The Sydney Morning Herald (NSW : 1842 – 1954), 14 November, p. 4. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article13002975

[4] 1857 ‘SHIP WASHINGTON IRVING.’,Empire (Sydney, NSW : 1850 – 1875), 23 November, p. 5. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article60260775

[5] 1857 ‘THE FOLLOWING SHIPS HAVE BEEN DESPATCHED FOR AUSTRALIA BY THE EMIGRATION COMMISSIONERS SINCE OUR LAST:—’, Empire (Sydney, NSW : 1850 – 1875), 7 September, p. 5. , viewed 19 Jun 2016, http://nla.gov.au/nla.news-article64986888

[6] 1857 ‘SHIPPING INTELLIGENCE.’,The Argus (Melbourne, Vic. : 1848 – 1957), 5 September, p. 4. , viewed 19 Jun 2016, http://nla.gov.au/nla.news-article7138243

[7] 1859 ‘CLIFFORD’S APPARATUS FOR LOWERING BOATS.’, The Sydney Morning Herald (NSW : 1842 – 1954), 28 June, p. 4. , viewed 19 Jun 2016, http://nla.gov.au/nla.news-article13026923

[8] 1857 ‘SHIP WASHINGTON IRVING.’,Empire (Sydney, NSW : 1850 – 1875), 23 November, p. 5. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article60260775

[9] 1907 ‘The Dunbar Wreck.’, The Cumberland Argus and Fruitgrowers Advocate (Parramatta, NSW : 1888 – 1950), 18 May, p. 7. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article86153668

[10] 1857 ‘WRECK OF THE CATHERINE ADAMSON.’, The Sydney Morning Herald (NSW : 1842 – 1954), 27 October, p. 4. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article13002160

[11] 1857 ‘WRECK OF THE CATHERINE ADAMSON, AT SYDNEY HEADS.’, The Star (Ballarat, Vic. : 1855 – 1864), 2 November, p. 2. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article66044967

[12] 1857 ‘SYDNEY.’, The North Australian, Ipswich and General Advertiser (Ipswich, Qld. : 1856 – 1862), 3 November, p. 3. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article78850396

[13] Naval Historical Society of Australia. Mackenzie, J. Two Shipwrecks off Sydney Heads and the Building of the Hornby Light. June 2005. https://www.navyhistory.org.au/two-shipwrecks-off-sydney-heads-and-the-building-of-hornby-light/ (Accessed 20th June 2016)

The Adventures of Captain Durant and the Washington Irving. Part 1

Link to Part 2

In 1855 Edwin Gransden arrived in Sydney on the Washington Irving, Captained by Isaac Durant. Durant had only been Captain of the Washington Irving for a short time with a Captain John Jones being the Captain prior to Isaac Durant. Captain John Jones had sailed the Washington Irving to Australia in 1852 via Port Phillip Bay in Victoria.[1]

The Washington Irving had originally been built in 1845 for the firm T. Edridge of London. Even though the ownership of the Washington Irving was in London, the actual building of the ship took place in the United States. The Ship was of spruce and during repairs in 1857 was sheathed in felt and yellow metal.[2]

Richard Barnett Spencer (1840 - 1874) TitleForward Ho: A full-rigged ship off Dover. Public Domain Similar Type of Ship to the Washington Irving

Richard Barnett Spencer (1840 – 1874)
Title Forward Ho: A full-rigged ship off Dover.
Public Domain
Similar Type of Ship to the Washington Irving

In 1855 the Washington Irving arrived in Sydney but the first voyage with the new Captain, Isaac Durant, was had its excitements. As well as the crew, including Edwin Gransden, the Washington Irving carried Dr Manby, the Ships Surgeon Superintendent,[3] as well as 224 immigrants. The immigrants included 134 adults and 74 children between the ages of 1 and 14 years. The trip took 90 days and despite the work of the Surgeon Superintendent there were two deaths, one a 74 year old man and one a younger person dying of Scarlet Fever. However, to balance the deaths there were also three births.[4]

On the trip out to Sydney the Washington Irving first met bad weather for three weeks with heavy gales[5] and then came across icebergs on the first and second of March 1855.[6] One of the passengers, R. W. Farmer, writing to the Editor of the Sydney Morning Herald described the events.

“about 11 o’clock, steering S.E., wind fresh, we were passed on either side by a large iceberg rapidly followed by others until about 4o’clock a.m., when we found ourselves completely surrounded, as far as the eye could reach from the maintop-gallant masthead, by icebergs of every size and form, varying from 50 tons to bergs of 150 feet in height, and half a quarter of a mile in length; they were carried by a current in a N.N.E. direction, we were obliged to vary our course continually while passing through them, and, the wind having fallen light, to aid the ship’s steering by often bracing round the yards. We were about 20 hours getting through them, and being providentially favoured with clear weather, in connection with the able exertions and coolness of Captain Durant, aided by the activity and promptness of the first and second officers (Messers Payne and Allen), and crew, we were enabled to get clear of them without any casualty; but had we met them in rough weather, or on a dark squally night, our chance of escape would have been problematical.”[7]

The Washington Irving arrived just outside of Sydney Cove. Despite signalling for a Harbour Pilot the Ship was not boarded by a Pilot until the Washington Irving was off Middle Head.[8] The Pilot who finally responded to the signals was called Hawkes.[9] Pilotage has been used in Sydney Harbour since the 1790’s. Pilotage is used to minimise accidents in the Harbour. Trained Pilots board a ship and take over direction of that ship until it is berthed. Pilots also take ships out of the Harbour when they are leaving Sydney.[10] Without a trained Pilot the entry to Sydney Harbour can be a very dangerous one. There are no safe places outside of the Harbour to anchor a ship while awaiting a Pilot. So the lack of response from the Pilots was dangerous to the ship and the people aboard.

A sepia toned postcard featuring an image of Sydney Cove, titled " SYDNEY COVE, FROM FORT MACQUARIE, 1855". Courtesy of the National Museum of Australia.

A sepia toned postcard featuring an image of Sydney Cove, titled ” SYDNEY COVE, FROM FORT MACQUARIE, 1855″. Courtesy of the National Museum of Australia.

Once in port the trials for the Washington Irving were not over. Captain Isaac Durant neglected to have a watch on board his ship and was thus bought before the Water Police Court in April and fined 10 Shillings for this neglect.[11]

It was in Sydney that Edwin Gransden left the Washington Irving and its crew including Captain Durant.

[1] 1852 ‘Sydney News.’, The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 – 1893), 29 December, p. 2. , viewed 19 Jun 2016, http://nla.gov.au/nla.news-article658847

[2] Google Books. Lloyd’s Register of British and Foreign Shipping. Cox and Wyman Printers 1857. Original from Harvard University. Digitized 4 Dec 2007. https://books.google.co.uk/books?id=RkASAAAAYAAJ&printsec=frontcover&dq=editions:0Ftz6zT302-gFzEJxA5c6C&hl=en#v=onepage&q=felt&f=false (accessed 20 June 2016)

[3] 1855 ‘SHIPPING INTELLIGENCE.’, The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 – 1893), 14 April, p. 3. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article700129

[4] 1855 ‘NEWCASTLE.’, The Shipping Gazette and Sydney General Trade List (NSW : 1844 – 1860), 16 April, p. 75. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article161108537

[5] 1855 ‘NEWCASTLE.’, The Shipping Gazette and Sydney General Trade List (NSW : 1844 – 1860), 16 April, p. 75. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article161108537

[6] 1855 ‘NEWCASTLE.’, The Shipping Gazette and Sydney General Trade List (NSW : 1844 – 1860), 16 April, p. 75. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article161108537

[7] 1855 ‘To the Editor of the Sydney Morning Herald.’, The Sydney Morning Herald (NSW : 1842 – 1954), 21 April, p. 4. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article12968384

[8] 1857 ‘The Sydney Morning Herald.’, The Sydney Morning Herald (NSW : 1842 – 1954), 14 November, p. 4. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article13002975

[9] 1857 ‘SHIP WASHINGTON IRVING.’,Empire (Sydney, NSW : 1850 – 1875), 23 November, p. 5. , viewed 20 Jun 2016, http://nla.gov.au/nla.news-article60260775

[10] Dictionary of Sydney staff writer, Harbour pilots, Dictionary of Sydney, 2008, http://dictionaryofsydney.org/entry/harbour_pilots, viewed 20 June 2016

[11] 1855 ‘WATER POLICE COURT.’, The Sydney Morning Herald (NSW : 1842 – 1954), 20 April, p. 4. , viewed 19 Jun 2016, http://nla.gov.au/nla.news-article12968368

John Lees

On the second of June 1797 John Lees arrived in Sydney Cove aboard the Ganges.[1] Unlike many of those who were coming to Sydney, John was not a convict. He was there as one of the soldiers. John served in the 102 Regiment[2] from enlistment on the 18th of September 1796 in Chatham to the 24th of April 1803.[3]

It is probable that Mary Stevens was assigned to John Lees directly after she arrived in New South Wales, as their first child was born just 18 months after Mary arrived. [4] The 1806 Muster however, shows that John Lees was assigned at least two convicts in his early years. George Smith per Glatton had arrived in 1803[5] a year later than Mary Stevens[6] and Mary Stevens herself. By the time George was assigned to John Lees it is likely that John and Mary’s first child had either arrived or was only a short while off arriving.

After John left the Corps in 1797 he received a series of Land Grants out in the Castlereagh area of New South Wales.[7] [8] John, Mary, their family and the convicts assigned to John worked as farmers out in the Nepean area. Within a few years they were making enough for themselves and to help contribute to Government Stores.[9]

Although John Lees worked hard in his early years out in Castlereagh it appeared that he was also extremely susceptible to alcohol. As a result John gradually started to lose some of his land and many of his animals paying off his debts and paying for his alcohol.[10]

What came next for John Lees has been debated for many years. Either he had a dream of a snake or else was bitten by a deadly snake and survived. Despite the confusion the result was life changing fo John. He stopped drinking and became a devout man.[11]

It was shortly after these events that the Reverend Samuel Leigh arrived in the Colony of Sydney. Reverend Leigh was directed to John Lees house one night when he was out in the Windsor area of New South Wales. This resulted in a firm friendship and the building, by John Lees, of a small room next to his house for worship. This chapel became known as the first Wesleyan Chapel in Australia.[12]

For many years John Lees and his family were both devout and prosperous with John no longer drinking. John became a prominent citizen in the area, he was on many committees and was very well known in the area. Eventually John had a stroke and was prescribed brandy as one of his medications. This unfortunate decision lead to John’s downfall as he again became addicted to drink. By the time John died he had started sell off the land that he had acquired and his fortunes were once again on the down slide. This does not seem to have affected his children, many of whom moved all around Australia and New Zealand and contributed significantly to their communities.[13]

Castlereagh Pioneers. John and Mary Lees. Authors Collection.

Castlereagh Pioneers. John and Mary Lees.
Authors Collection.

Mary Stevens

[1] Ancestry.com. New South Wales, Australia, Colonial Secretary’s Papers, 1788-1856 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc, 2010.

[2] Ancestry.com. New South Wales, Australia, Colonial Secretary’s Papers, 1788-1856 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc, 2010

[3] Kavanagh, M. 1987. ‘John Lees the Chapel Builder’. Merle Kavanagh, Sutherland, NSW, Australia. p. 4

[4] St Philip’s Church of England, Sydney NSW: Church Register – Baptisms; ML ref: Reel SAG 90.; Vol Entry# 910

[5] Published in “Convicts to NSW 1788-1812”, compiled & edited by Carol J. Baxter, published by Society of Australian Genealogists, Sydney, 2002.; Convict Indents &c.; SRNSW ref: 4/4004 pp111-139; SRNSW ref: 2/8261 pp123-150; TNA ref: HO 11/1 pp315-332, Reel 87; Ship source: Glatton 1803, Volume entry number: 20123.

[6] Convict Indents &c.; SRNSW ref: 4/4004 pp13-32; SRNSW ref: 2/8283 pp21-32; TNA ref: HO 11/1 pp275-288, Reel 87; Ship source: Earl Cornwallis 1801, Volume entry number: 18701.

[7] Ancestry.com. New South Wales, Australia, Land Grants, 1788-1963 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014.

[8] Ancestry.com. New South Wales, Australia, Colonial Secretary’s Papers, 1788-1856 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc, 2010.

[9] General Muster of the Inhabitants of New South Wales commencing on 17th October and ending 16th November 1814. edited by Carol J. Baxter, published by ABGR, Sydney, 1987.; Book Entry# 1328

[10] Kavanagh, M. 1987. ‘John Lees the Chapel Builder’. Merle Kavanagh, Sutherland, NSW, Australia. p. 17

[11] Kavanagh, M. 1987. ‘John Lees the Chapel Builder’. Merle Kavanagh, Sutherland, NSW, Australia. pp. 10-19.

[12] Kavanagh, M. 1987. ‘John Lees the Chapel Builder’. Merle Kavanagh, Sutherland, NSW, Australia. pp. 26-28

[13] Kavanagh, M. 1987. ‘John Lees the Chapel Builder’. Merle Kavanagh, Sutherland, NSW, Australia. pp. 45-58

Description of Sydney Cove

Robert Scott was fifth Mate on the Earl Cornwallis. During his time on the Earl Cornwallis he wrote a series of more than ten letters to friends and family in England and Scotland. The ninth letter held a description of his impressions of Sydney when the Earl Cornwallis arrived. These letters are currently held at the National Library of Australia.

“This is the wildest looking place ever was seen. We are quite near the shore trees growing out of the heart of rocks, which are all free stones and very soft, which I think is rather remarkable, plenty of Oysters growing upon them. The town is pretty large, at first sight you would take it for a camp, the houses all straggling, all one story & white. Very few of the natives is to be seen at Sydney, five or six canoes, with a man woman & child with there (sic) fishing gear, both men and women go stark naked. I never saw such ugly people they seem to be to be only one degree above a beast they sit exactly like a monkey. The men knock out the right fore tooth & the women cuts off the two first joints of there (sic) left little finger.”[1]

Edward Dayes, 1763­1804 View of Sydney Cove, New South Wales, from an original picture in the possession of Isaac Clementson Esqr. Call Number: V1 / 1802 / 1 Published date: 1802 Digital ID: a1528669 (Courtesy of the State Library of NSW)

Edward Dayes, 1763­1804 View of Sydney Cove, New South Wales, from an original picture in the possession of Isaac Clementson Esqr. Call Number: V1 / 1802 / 1 Published date: 1802 Digital ID: a1528669 (Courtesy of the State Library of NSW)

Mary Stevens

[1] NLA MS 1898. Robert Scott, Fifth mate on the Earl Cornwallis, 9th Letter, 16th August 1801

Lieutenant Henry Crawford

Sydney N.S.Wales, 
21st August 1801,
Gentlemen,
By the way of India I had the honor of writing you, a duplicate copy of which accompanies this. The Earl Cornwallis arrived here the 10th June. By that ship I received your letters and their several enclosures, together with the store, provisions, and passengers, the Commissary’s receipt for all which I enclose. The difference between the number of prisoners sent on board and landed here the mater accounts for by their having died of the dysentery during the voyage. Many of those landed are extremely weak and feeble. No complaint has been made of improper treatment during the voyage, and what is very extraordinary no complaint has been made by the agent or master of any very bad behaviour of any of the prisoners during the voyage. On the contrary they both speak to their advantage. I am sorry to observe that Lieut. Henry Crawford, of the New South Wales Corps, was drowned at Rio de Janeiro. The ship was cleared within the time allowed; therefore no demurrage has taken place.[1]

The death of Lieutenant Henry Crawford, overseer of the guard escort for the Convicts, illustrated the gradual increase in power in the Colony of Sydney, exercised by the Rum Corps and eventually leading to the Rum Rebellion.[2]

After the death of Lieutenant Crawford, another officer of the Earl Cornwallis, Lieutenant Marshall decided to swap a quilt and another item for his own, claiming that Lieutenant Crawford owed him money and thus the swap for better equipment made up the amount that Lieutenant Crawford had owed him.[3]

It appeared that Macarthur, at the time the senior officer, whilst both Governor King and the Lieutenant Colonel Paterson were absent, disagreed with Lieutenant Crawford’s intent. Thus he directed an inquiry before a bench of magistrates.[4] The result was that the Magistrates findings were mild with no ill intent attributed to Lieutenant Crawford. Regardless Governor King issued a reprimand. In addition to a reprimand Governor King also informed Lieutenant Marshall that he had obtained a passage for him aboard the Albion to take him back to England. [5]

Marshall, apparently did not take this direction well and obviously attributed the situation to Macarthur. So publicly and openly he insulted Macarthur. Equally Macarthur did not take that well and sent Captain Abbott to Marshall to challenge Marshall to a duel which Marshall accepted. Marshall chose Mr. Jeffries, Purser from the Earl Cornwallis as his second. Captain Abbott was Macarthur’s second. However, under the rules of the duel the seconds are supposed to be co-equals in rank. Captain Abbott refused to allow that Mr. Jeffries was his co-equal. Marshall and Jeffries both turned up to the appointed place and at the appointed time for the duel but Macarthur and Abbott did not. So the next time Marshall encountered Abbott he stuck him and claimed that he would do the same to Macarthur when he next saw him. [6]

As a result Marshal was prosecuted and bought before a criminal court. The Judges of the Court consisted of a number of people including five military officers. Not surprisingly Marshall claimed that the court was biased and objected to the five military officers trying the case. His objections were overruled and he was convicted of assaulting Abbott.[7]

As Governor King had considerable doubt about the entire case he eventually decided to remit the sentences passed onto Marshall for assault for fifty pounds and one years imprisonment, as long as Marshall left New South Wales. He also requested that the Court be re-convened due to fresh evidence. However, Governor King received a complaint from the five military officers of the trial, claiming that all members of the court had unanimously declared that it was impossible to reopen the case. Two members, the non-army, members of the court did not agree to the protest. This went on for some time. The upshot was that James Tennant, the commander of the Earl Cornwallis and one other officer, were requested to pay a fine if Marshal did not present himself, on entering Britain, to a court and pay his fifty pound fine and spend his year in gaol.[8]

Captain John Macarthur. Project Gutenburg. http://gutenberg.net.au/ebooks13/1302011h.html

Captain John Macarthur. Project Gutenburg. http://gutenberg.net.au/ebooks13/1302011h.html

 

Mary Stevens

[1] HRA Series 1.,Vol. 3. p.264

[2] Evatt, H. V. 1938. Rum Rebellion: A study of the Overthrow of Governor Bligh by John Macarthur of the New South Wales Corps. Angus and Robertson, Sydney, Australia.

[3] 1931 ‘DUELLING DAYS.’, The Sydney Morning Herald (NSW : 1842 – 1954), 13 June, p. 9. , viewed 01 Jun 2016, http://nla.gov.au/nla.news-article16785552

[4] 1931 ‘DUELLING DAYS.’, The Sydney Morning Herald (NSW : 1842 – 1954), 13 June, p. 9. , viewed 01 Jun 2016, http://nla.gov.au/nla.news-article16785552

[5] 1931 ‘DUELLING DAYS.’, The Sydney Morning Herald (NSW : 1842 – 1954), 13 June, p. 9. , viewed 01 Jun 2016, http://nla.gov.au/nla.news-article16785552

[6] 1931 ‘DUELLING DAYS.’, The Sydney Morning Herald (NSW : 1842 – 1954), 13 June, p. 9. , viewed 01 Jun 2016, http://nla.gov.au/nla.news-article16785552

[7] Evatt, H. V. 1938. Rum Rebellion: A study of the Overthrow of Governor Bligh by John Macarthur of the New South Wales Corps. Angus and Robertson, Sydney, Australia.

[8] 1931 ‘DUELLING DAYS.’, The Sydney Morning Herald (NSW : 1842 – 1954), 13 June, p. 9. , viewed 01 Jun 2016, http://nla.gov.au/nla.news-article16785552

Soulden Lawrence

Soulden Lawrence first started working in Law in 1774. He was well known by 1794 he had become a judge and a Knight. He transferred to the Kings Bench where he served for fourteen years before returning to the Common Pleas. Soulden Lawrence had a reputation as judge of great ability and independence of mind. Judge Lawrence was considered to be extremely scrupulous in his dealings with all. This is typified by the fact that his will contained a direction for the indemnification, out of his estate, of the losing party in a suit in which he considered that he had misdirected the jury.[1]

National Gallery of Victoria, Melbourne. Felton Bequest, 1939 http://www.ngv.vic.gov.au/explore/collection/work/39484/

National Gallery of Victoria, Melbourne. Felton Bequest, 1939 http://www.ngv.vic.gov.au/explore/collection/work/39484/

Mary Stevens

[1] McMullen Rigg, J. Dictionary of National Biography, 1885-1900, Vol 32. Lawrence, Soulden. https://en.wikisource.org/wiki/Lawrence,_Soulden_(DNB00) (Accessed 1st of June 2016)

Nash Grose

Nash Grose was a Justice of the Kings Bench. In 1766 he joined the bar and was considered a Barrister of note. Justice Grose became a Judge in 1780 and was considered to be a Sound Judge with very little bias. Judge Grose was made a Knight, shortly after he became a judge. He retired in 1813 and died just a year afterwards. [1]

Like with Justice Buller, Judge Grose would have had little understanding of the difficulties that a girl of Mary’s upbringing would have encountered. Judge Grose did not have the same reputation for bias that Justice Buller had, but how much he actually understood the lives of those whose trials he presided over is open to debate.

Sir Nash Grose (1714-1814), Judge. John Kay (1742-1826), Miniature painter and caricaturist. Courtesy National Portrait Gallery UK. http://www.npg.org.uk/collections/search/portrait/mw37051/Sir-Nash-Grose?

Sir Nash Grose (1714-1814), Judge. John Kay (1742-1826), Miniature painter and caricaturist. Courtesy National Portrait Gallery UK. http://www.npg.org.uk/collections/search/portrait/mw37051/Sir-Nash-Grose?

 

Mary Stevens

[1] Google Books. Kay, J. 1838. A series of original portraits and caricature etchings, Vol 2, Part 2. Publisher H. Paton, Carver and Gilder. Original from the New York Public Library. Digitized 12 Jul 2007. https://books.google.com.au/books?id=XrAEAAAAYAAJ&pg=PA290&lpg=PA290&dq=Nash+Grose&source=bl&ots=VXzfzMbw3x&sig=DnT8i7-ugFgTQ1QTjKUZaYieRBk&hl=en&sa=X&ved=0ahUKEwjC6of04YXNAhXlq6YKHTN2AFsQ6AEILTAD#v=onepage&q=Nash%20Grose&f=false (Accessed 1st June 2016)

Judge Buller

On the 28th of March 1799 at the Lent Assize at Tauton Castle Mary Stevens first encountered Justice Buller. Justice Buller had a reputation as a hasty and prejudiced judge who had once declared that a husband could thrash his wife with impunity provided that he used a stick no bigger than his thumb.[1]

Sir Francis Buller, 1st Baronet by Mather Brown - National Portrait Gallery, London, at http://www.npg.org.uk/collections/search/portraitLarge/mw00899/Sir-Francis-Buller-1st-Bt?LinkID=mp00631&role=sit&rNo=0

Sir Francis Buller, 1st Baronet by Mather Brown – National Portrait Gallery, London, at http://www.npg.org.uk/collections/search/portraitLarge/mw00899/Sir-Francis-Buller-1st-Bt?LinkID=mp00631&role=sit&rNo=0

Sir Francis Buller was a wealthy man who was well educated and had every advantage in life. He went into law in 1763 and quickly made his way up the ladder to become a Kings Bench judge in 1765. Judgel Buller presided over a number of celebrity trials including the trail of the Duchess of Kingston. He presided over both of the Assize Trials at Taunton that Mary was present at. Mary’s trial in 1800 was one of the last ones that he was judge at as he died just months later on the 5th of June after falling ill during a game of picquet at Bedford Square.[2]

When Mary was bought before Justice Buller she would have felt keenly the inequity of her situation. Here was one of two powerful men who had enjoyed every advantage and privilege and she was a young woman of around 21 years of age who had been caught stealing 17 yards of Printed Cotton from Thomas Andrews.[3] By the 1790’s cotton was no longer the valuable fabric that it had been just a hundred years earlier but 17 yards of the material was still a considerable sum. In the case of Mary Stevens, when she stole 17 yards the value of the cotton was 30 shillings, just 10 shillings more and Mary Stevens would have faced a death sentence.[4]

Mary was sentenced to 7 years transportation beyond the seas.

Mary Stevens

[1] Oldham, J. (2004). Buller, Sir Francis, first baronet (1746–1800). Dictionary of Biography.

[2] Courtney, W. P. Dictionary of National Biography, 1885-1900, Vol 7. Buller, Francis. https://en.wikisource.org/wiki/Buller,_Francis_(DNB00) (Accessed 1st Jun 2016)

[3] Find My Past. Bath Chronicle and Weekly Gazette, 04 April 1799. Mary Stevens.

[4] Clive Emsley, Tim Hitchcock and Robert Shoemaker, “Crime and Justice – Trial Verdicts”, Old Bailey Proceedings Online www.oldbaileyonline.org , version 7.0, (Accessed 01 June 2016 )