Where did my convict die?

Most convicts lived to finish their sentences or obtain their conditional pardons and continued to live long and productive lives. Some didn’t live productive lives, and some didn’t survive to finish their sentences.

The Register of Convict Deaths lists convicts who were known to have died whilst still serving their sentence.State Records NSW: Chief Superintendent of Convicts; Convict Death Register. NRS 12213, SR Reel 690. It is available on Ancestry.

Many of these deaths do not appear in the NSW Registry of Births, Deaths and Marriages online indexes. The pre-1856 records held by the Registry were collected from parish registers from around the colony, and so the conclusion has to be made that the convict who died was not given a Christian burial.

Convict Death Register

Perhaps the settler wrote to inform the Superintendent of Convicts that the convict had died and the means of death, and it is worth searching the indexes to the Colonial Secretary’s correspondence to see if such a letter was sent. He may have written to the Chief Superintendent of Convicts, but this correspondence has not survived.

Timothy Baverstock was a blacksmith and carpenter transported in 1832 and arriving in February 1833. According to the Convict Death Register he was assigned to a Mr Cobb at Hunter River and died the same year. You may be able to read his entry in the register above – he is about 3/4 of the way down the left hand page. You may also be able to see that his is the only entry that does not give a full date of death – just the year.

To see if Mr Cobb had written a letter to report the death I searched for correspondence to the Colonial Secretary. There is a name index prepared by Joan Reece over many years on microfiche. With great satisfaction I found the name Timothy Bavenstock for 1833, and I filled out the request form to inspect the letter. I was expecting a short note to explain that the convict had died, and perhaps a request for another one to replace him.

ColSecCorr 33-5055

I was quite surprised when it arrived to see a four-page document quite closely written in the left margin of the first page. The letter was not from Mr Cobb of Hunter River, as I had expected, but the Principal Superintendent of Convicts, complaining to the Colonial Secretary that assignees do not report the deaths of the convicts assigned to them.

ColSecCorr 33-5055 p3 detail

Timothy Baverstock is only mentioned because the Principal Superintendent used him as an example of  a convict whose death he would have remained ignorant except that the assignee, Mr Cobb, applied to be assigned another convict.

The letter reads in full:

I beg leave again to bring under the notice of the Government the fact of my being seldom apprized of the death of Convicts in the interior by Assignees; and to suggest the propriety should His Excellency the Governor approve of directing public attention to this matter thr[ough] the medium of the Official Gazette.

As cases in point, I beg leave to mentionthat it was only yesterday in looking over a file of applications in the Office of the Assignment Branch, I discovered the death of the two Convicts named in the margin hereof.

[in the margin] Timothy Baverstock 33/376 Camden 2, Carpenter & Wheelwright Complete

Job Nobbs 32/461 Isabella 4, Shoemaker Complete

The first named was assigned to Mr Cobb of Hunter River, and according to that Gentleman’s statement died the day after his arrival on the farm. The other was assigned to Mr HC Kurnell[?] of Argyle, who states that he also died soon after reaching his farm. Neither case would have been reported had it not been thought by the assignees it would strengthen their claims for others.

I never receive any reports of deaths from Coroners. I have the honour to be, etc etc

The Colonial Secretary wrote an “executive summary” in the margin of the first page for the Governor:

The Prin’l Sup Convicts represents that he is seldom apprised by assignees of the death of their convict servants, and suggests the propriety of directing public attention to the matter by means of the Gazette – adds also that he never receives reports of deaths from the Coroners.

All the Returns of Burials rec’d in this office are periodically sent to Mr Hely (see note below) for his confirmation. The several Coroners may be required to furnish a Death return, but as the bodies of persons on whom inquests are held are interred, then names doubtless included in a Clerical report of Burials, it would not appear that the non-transmission of the Return by the Coroners is productive of much inconvenience. As respects the notice to Assignees I am fearful that not much attention will be paid to it – but they might nevertheless be req’d to report to the Mag[istrate] the death of the Convict servant.

Timothy Baverstock had died the day after his arrival. As a blacksmith and carpenter Timothy Baverstock would have been valuable to a settler, and Mr Cobb would have wanted a quick replacement.

Without his assignee’s request for a replacement and the Principal Superintendent of Convict’s request to The Colonial Secretary, he would have disappeared from the records and we would never have known what happened to him.

Note Frederick Augustus Hely, according to the Australian Dictionary of Biography, held the post of Principal Superintendent of Convicts from 1823 until his death in 1836. He applied to retire on a pension but died before it was approved by the Colonial Office.

Sources
State Records NSW: Principal Superintendent of Convicts; NRS12213, Convict Death Register. SR Reel 690. Online version published by Ancestry.com.

State Records NSW: Colonial Secretary’s Office; NRS905, Main series of letters received, 1826-1982. 33/5055, Letter from Principal Superintendent of Convicts dated 1 Aug 1833.

Charles Johnson, prisoner and father

When the grandmother of one of my clients was born there was no father listed on the birth certificate. When she married she stated her father to be a Charles Johnson, but there was no other evidence of this, or indeed of any link between Charles and and the mother Isabella Staader.

At least there was a name to go on, and the place where the child was born. A search of the digitised newspapers on Trove had given a short account of a trial in which Charles was convicted in January 1887 of assault and sentenced to 12 months hard labour at Tamworth Gaol. The woman he assaulted was Isabella Staader.

SMH 18970201 p5 Johnson and Staader

Further searches revealed more information. The NSW Police Gazettes reported his arrest (without bail), sentence and release. He is the Return of Prisoners, showing his sentence:

Charles is about half way down. He was charged with “Wounding with intent to do grievous bodily harm” on Isabella Staader. He was tried at Tamworth Quarter Sessions on 29th January 1897, and sentenced to 12 months’ hard labour at  Tamworth Gaol.

Later in the same year he appears in a list of Prisoners Discharged to Freedom. The printing is even smaller than in the page above so I haven’t posted an image. It describes not only his crime, sentence and date and place of trial, but some additional information – his native place was Tamworth, NSW; year of birth was 1862; height 5 feet 5 inches; fresh complexion; brown hair and eyes; regular nose, mouth and chin; and this was his first conviction.

The Index to Gaol Photographs on the State Records NSW website does not include those taken at Tamworth Gaol, but there is a full index at the Western Sydney Records Centre. There he was: Charles Johnston in Tamworth Gaol. The presence or absence of the T in the name was a minor inconvenience – if they didn’t always spell names the same way there is no reason for us to be pedantic about it.

SRNSW Gaol Photograph 1897 Charles Johnston

The page is wrinkled where the photographs have been stuck on.  We now know quite a lot more about Charles Johnson, including some more accurate information, as I suspect the Description Book is more accurate than the Police Gazette. He had light brown hair and blue eyes, with a cut under his left eye. He weighed 130 pounds. He was Church of England and he could read and write.

We may not know exactly what was going on between Charles and Isabella, but we now have an idea of when it might have come to an end. Perhaps she took him back when he got out of gaol; certainly his child knew that he was her father.

Often the father of an illegitimate child can never be found. Sadly, if there was domestic violence, it may be possible to find out quite a bit about him.

The full citation for the page from the Description Book is :

State Records NSW: Department of Corrective Services, ‘Photograph Description Book, Tamworth Gaol, 1894-1929’, [3/5997]; item 49 for Charles Johnson.

The square brackets seem to interfere with the formatting in the picture caption.

A conditional purchase application

Conditional Purchases were introduced in 1862 as a way of getting small landholders on the land. They selected a portion of land, paid an initial deposit of %10 of the value, and then had to pay it off. The conditions were that they had to reside on the property, and they had to improve it – build a house, fences, etc. They could select land before it was surveyed, so by the time the surveyor came around there was often some improvements already built, which the surveyor often described and marked on the plan.

My ancestor Richard Eason (1829-1922) selected some land near Blayney in 1871. The land is Portion 199: 40 acres in the Parish of Graham, County of Bathurst, which is just north of the town of Blayney in New South Wales.

The Conditional Purchase number and Richard’s name was recorded on an old parish map:

Graham Parish map 1884 detail

Historical parish maps can be viewed on the Parish Map Preservation Project website. The names that appear on the maps are those of the first title holders. Conditional purchasers could take 30-40 years to finish paying the land off, and if there was a mortgage involved then the bank became the first title holder. Later maps of this parish show the City Bank of Sydney on this portion.

With the Conditional Purchase number, CP71.252, it is possible to examine the Conditional Purchase Register for that year at State Records NSW:

Conditional Purchase Register 1871

The register gives a summary of the history of the purchase up until the title was issued by the Registrar General. Transfers of ownership to mortgagees can be seen, as well as the transfers back to Richard when he discharged the mortgage. Each of these transfers required a separate form to be filled in, and these forms are part of the correspondence for the purchase.

You can get quite a bit of information from the register, but if you want the actual documents you have to go further and trace the correspondence through the Correspondence Registers. It sounds easy but it is quite time consuming, and easy to make mistakes and lose your way. You must write down each document number recorded in this register, and then find each one in the relevant Correspondence Register to find out what happened to the document. It was either put away or filed with another document. If you are lucky, all the documents will be filed together and you will eventually find where they are. If not, you have to find and retrieve each one separately. If you are very unlucky, you may lose the trail and be unable to find the document, or the document may have been misplaced.

Here is the original application form:

Conditional Purchase application form

There are many other documents for this purchase, including:

  • 1871 – a letter from the surveyor in which he describes the improvements made by the applicant and the land contained an extra 6 acres and 3 roods, which the applicant had agreed to pay for.
  • 1871 – a list of deposits paid, with £1.13.9 against Richard’s name
  • 1874 – the Declaration of the Conditional Purchaser, where Richard declares that he has been in contonuous residence and made £50 worth of improvements
  • 1897 – Notification of Alienation of the land to Richard Chambers (his older sister’s nephew). I believe this to be the result of a mortgage.
  • 1885 – Transfer of Conditional Purchase returning ownership of the land from Richard Chambers to Richard Eason
  • 1891 – Transfer of Conditional Purchase to the City Bank of Sydney in consideration of the sum of £450
  • 1904 – Transfer of Conditional Purchase back to Richard Eason
  • and so on

The land title was eventually issued in 1916, at which point the entries in the Conditional Purchase Register end, as control was passed from the Conditional Sales Branch to the Registrar General.

On the map you can see many other names of the people that Richard must have known. Robert and William Ewin were his brothers-in-law. A sister-in-law married a Thornberry. The Easons, Ewins and Thornberrys all came from the same couple of parishes in County Tyrone in northern Ireland.

Richard built a house on this land and raised his family in it, even though his wife died not long afterwards. His son John raised his own family there. John’s son Richard, my grandfather, sold the land and took the materials for his own building.

A couple of years ago I visited this land and saw the remains of the house. I have written about this previously. I met the current owner of the property, who gave me a photo of Richard’s son John Eason, my great-grandfather, that I had never seen before.

Fernside

I’ve traced many conditional purchases since then, but none have been as exciting as this first one for my great-great-grandfather!

Further information:
State Records NSW Archives in Brief No 93 – Background to conditional purchase of Crown land

This post is based on a post previously published for Australia Day 2011 on my blog Carole’s Canvas.

Electoral Rolls

nautical_diary 300x200-2Electoral rolls provide useful information about your ancestors’ residence and eligibility to vote. New South Wales electoral rolls are available from 1842 to 2009, although rolls were not updated every year, and some of the early ones have been lost.

Each listing includes name, address, and occupation (up to 1984). It is possible to see which family members were living in the same address, and so can be used instead of the censuses available in other countries to determine whereabouts and household composition.

If you do know that your ancestor moved from one place to another electoral rolls can give you an idea of when he or she moved. A search of the early rolls, when there was a property requirement, can tell you whether your ancestor was a freeholder or leaseholder, or just a resident.

Australian electoral rolls were published in books for distribution. Most of these have been microfilmed (in the 1800s) or on microfiche (1901 onwards) and are available in many libraries. Most libraries do not have all years, or all electorates. From 1990 onwards the microfiche are indexed across Australia.

Who had the vote?

The qualifications to vote in New South Wales elections has changed over time. This means that your ancestor may not have been entitled to vote in the period in which you are searching for him or her. Here is a brief timeline:

1843 Of the 36 members of the Legislative Council 24 were now elected by the colonists, provided they owned freehold property valued at £200 or more, or they leased property at £20 or more.

1851 Property value required reduced to £100 freehold or £10 leasehold.

1856 Responsible government introduced, with a Lower House elected by colonists. Occupiers of houses worth at least £10 per year included.

1858 All adult males could vote if they’d lived in the electorate for 6 months or had been naturalised and lived in the Colony for two years, except for paupers, prisoners, police and the armed forces. A man could vote in all the electorates in which he held property.

1893 The property and length of residence requirements were abolished, so that itinerant workers could vote.

1902 Following the federation of all the Colonies into the Commonwealth of Australia in 1901 women were given the vote in Commonwealth and New South Wales elections.

1925 First election in which voting was compulsory.

1934 The Legislative Council was replaced by a body that was indirectly elected by the Lower House.

1974 Voting age lowered to 18 years.

1978 Upper House elected along with Lower House in general elections.

Where can I find my ancestor?

1946 Electoral Roll for North Sydney Division
1946 Electoral Roll for North Sydney, Lane Cove Subdivision

Until 1990 Australian electoral rolls were published by division, so you need to know where the person is living to be able to find them. They are published on microfiche for the 1900s and early 2000s, the last one being 2009.

To find the electoral division you will need the atlas, which has maps of each capital city and each state that show the boundaries as they changed from 1902-

Very few New South Wales rolls have been digitised and indexed, although this situation is slowly changing:

Ancestry have digitised some rolls for New South Wales, for 1930, 1931-32, 1933, 1934-35, 1936-3719431949, and 1953-54. Those in bold text have been indexed.

Archive CD Books Australia, a subsidiary of Gould Genealogy, has started to scan and index New South Wales electoral rolls and publish them on CD. So far they have published the rolls for 1903 and 1913, with many others to follow. Check your library to see if they have the CDs.

See also:

State Records NSW Archives in Brief 5 – Electoral Rolls

State Records NSW Brief Guide No. 1 – Electoral Rolls

State Library NSW Instructions for searching the NSW Electoral Rolls 1903-1989

[Most of this post has been published previously at http://heritagegenealogy.com.au/research/electoral-rolls/]

Image scanned from microfiche.