Tag: Inquests

Tangental Families : the Beresfords

Tangental Families : the Beresfords

by christineworthington

 It’s a great thing when people leave family name clues about. I’m very grateful to David Hall and Jane McQueen for leaving such clues in their children’s names:

Jamieson (Rachel McCaughey’s mother’s maiden name)
Beresford (married name of Mary Hall)
Innes (from the McQueen side)
Sinclair (from the McQueen side)
McMillan (married name of Mary Hinds, daughter of Agnes Hall)

The first names of the children were related as well: Rachel, Isabella, Gertrude, Mary, William, John, David and on the McQueen side: Stanley, Mary, Archibald, Duncan.

The names Beresford and McMillan provide linkages to two women John Hall (b. 1813?) travelled to Australia with, who may have been his sisters or perhaps first cousins – Agnes Hinds (nee Hall) (b. 1809) (whose daughter married a McMillan) and Mary Beresford (nee Hall) (b. 1819). These linkages helped to identify our John Hall from the many other John Halls in the shipping registers, and also provided context for how John would meet his future wife, who was not to arrive in Australia for another 14 years!

 Sir Thomas Arbuthnot

Departed: 17 June 1841, Greenock, Scotland
Arrived: 02 Oct 1841 Port Phillip, Vic.
Master: Captain John Brown
Particulars: 621t ship

Notes: The ship carried sundry cargo, 4 passengers and 260 bounty immigrants, one of whom was Irish John Hall. It was cleared from Melbourne 9 Nov 1841 and set off to Calcutta carrying original cargo plus tobacco and opossum rugs.

Aboard the Sir Thomas Arbuthnot were:

  • Mary Hall, aged 22 (born 1819), house servant, Protestant, reads and writes, native place Glasgow.
  • John Hall, aged 21 (born 1820), government servant assigned to Robert Smith of Melbourne 1 year, reads and writes (though subsequent documents indicate this not to be the case), native place Glasgow.
  • Hind, William, aged 25 (born 1816), Protestant, reads and writes, native place Glasgow.
  • Hind, Ann, aged 24 (born 1817), Protestant, reads and writes, native place Glasgow.
  • Hind, James, aged 18 months (born 1840), Protestant, native place Glasgow.

Mary Hall married William Beresford (recorded as ‘Berrysford’) on 28 February 1842 and the witnesses were John Hall and Helen Ritchie.

William Beresford (recorded as ‘Berresford’) was transported after conviction for larceny to Victoria aboard the ship Parkfield in 1939. He was sentenced to 14 years and was assigned to work as a labourer for Messrs Allan, River Hopkins.

push-pin-black-clipart-10Allansford

In 1839 the brothers William and John Allan took up their ‘Allandale’ pastoral run adjoining the Hopkins River. There was a dry weather ford across the river, and the combination of that and the name of the property owners resulted in Allansford becoming the place name. A timber bridge was built beside the ford in 1851. In 1855 the third brother, John Allan, owner of an adjoining property ‘Tooram’, subdivided land from the property for the Allansford township. Victorian Places: Allansford

He was later assigned to work for a pastoralist and grazier named Dutton, and while working for him he married Mary Hall.

The Convict System. — To prevent bigamy, and also to secure the government against being burdened with the support of the families of convicts, it has long been a standing ordinance of the government that no convict shall be married without leave first had and obtained from the Governor, and any evasion of this law is punishable as a misdemeanor. On Thursday last, a convict named William Beresford, who is assigned to Mr W. H. Dutton, one of the largest importers of this detestable species of labour, was brought before the Melbourne bench, charged with offending against this law by marrying one Mary Hall, without the sanction of the Governor. The prisoner, it appeared, was married in February last, by the Rev. Mr Forbes, of the Scots Church, to whom he represented himself as a free immigrant by the Thomas Laurie. The prisoner admitted his guilt but alleged he had the consent of his master, who had advised him should any questions be asked, to pass himself off as a free man. Mr Dutton when examined, admitted that he had given his consent to the marriage, but he denied altogether having advised the prisoner to deceive the clergyman. Mr Simpson, who was on the bench, expressed in strong terms his disapprobation of the conduct of Mr Dutton, who, as a magistrate, and for many years an assignee of convict labour, could not be ignorant of the enormity of the offence of which the prisoner was guilty. Beresford was informed that his marriage was a nullity, and sentenced to expatiate his offence “by working for six months in irons. During the examination, it transpired that on a previous occasion Mr Dutton had given his assent to the marriage of another of his assigned servants named Spicer, but that worthy having been insolent to the clergyman who was to have united him to his cara sposa*, the ceremony did not take place. The bench directed Mr Dutton to bring Spicer before them forthwith that he might be dealt with also. Mr Dutton’s conduct in this affair is altogether so inexcusable that we think the bench scarcely did their duty in failing to deprive him of the whole of his assigned servants.
* ‘cara sposa’ is an Italian phrase meaning ‘dear bride’
(Port Phillip Patriot and Melbourne Advertiser, 11 April 1842, p.2)

 

 William Hampden Dutton (1805-1849)

William ‘Hampden’ Dutton was an estate manager and livestock grazier who migrated to Australia in the late 1820s after studying the science of rural economy in Europe. During the 1830s he worked in various farming ventures for Alexander and Edward Riley in New South Wales, and in partnership with his own brother Frederick in New South Wales and South Australia. Frederick would become a reputable pastoralist and politician in South Australia. Hampden travelled between Sydney and Melbourne working on various pastoral and mercantile ventures, but in 1841, the year William Beresford is shown as working for him, he became insolvent with debts of £74,772 17s and assets amounting to £10. His affairs were placed in Frederick’s hands, who ensured that creditors were paid in full. Hampden Dutton died in Melbourne five years later.

William was granted a ticket of leave on 1 June 1844, and by 1850 the Beresfords left Melbourne with their first two children to settle in the Hopkins River area, where they would have two more children.

John (aka James) BERESFORD b. 1845 Melbourne, VIC d. 1884 Burthong, NSW m. 1873 VIC Elizabeth THORNTON, 6 children
William BERESFORD b. 1848 Melbourne, VIC d. 1859 Cudgee Creek, VIC
Mary Ann BERESFORD b. 1850 Hopkins River, VIC d. 1911 Auckland, NZ m. 1869 Terang, VIC John GIBB, 9 children
David BERESFORD b. 1852 Hopkins River, VIC d. 1914 Albury, NSW

A notice appeared in the New South Wales Government Gazette, Fri 22 Nov 1850 [Issue No.134], p. 1803

THE Tickets of Leave of the undermentioned Prisoners of the Crown, have been cancelled for being absent from their Districts, they are illegally at large …

– Port Phillip – William Berresford, Parkfield

William junior’s death in 1859 was the result of an accidental gunshot wound to the chest:

On Sunday last, two boys, sons of farmer’s in the neighbourhood of Cudgee Creek, went out into the bush to shoot birds. Whilst resting on the grass, one of the guns went off accidentally, and the contents were lodged in the breast of one of the boys who died in a few minutes. The deceased was about 11 years of age and was the son of William BERESFORD.
(Warrnambool Examiner, 31 May 1859)

William Beresford senior’s own death in 1868 was also the subject of an inquest:

An inquest was held at the hospital, Geelong, on Thursday, by Dr Ridley, coroner for the district of Queenscliff, on the body of William Beresford, an elderly man, a dairy farmer near Warrnambool, who died at the hospital on the previous day whilst under the influence of chloroform.
James Russell, Fiery Creek, recognised the body as that of William Beresford, whom he had known for twenty-one years. Deceased had been a heavy drinker for years.
Dr Shaw deposed to having attended at the hospital to assist in the removal of one of deceased’s legs. He was requested by Mr Reid, who was going to operate, to administer chloroform. Mr Reid, previous to his doing so, examined the deceased’s heart.
Witness was also satisfied, by examination, that the deceased was not affected with any disease of the heart, and proceeded to administer the chloroform in the usual manner. He had done so for five or six minutes and had used about two drachms, watching him intently, when he saw his eyes roll, and felt that his struggles became violent.
He called Dr Mackin, who was present, to feel the pulse, and just as witness did so he observed the deceased gasp and stopped the inhalation at once. Cold water was dashed on the head, the body and limbs were raised, and the head depressed.
Artificial respiration was commenced whilst the galvanic battery was being got ready. Galvanism* was immediately applied, and its use was persevered in for fully half an hour, without success. He had previously seen the deceased, who was suffering from cancer, and who agreed to the removal of the limb.
Witness believed the application of chloroform was the immediate cause of death. It produced paralysis of the heart, as respiration and the heart’s action ceased almost at the same moment. Nothing was omitted to restore the patient.
Dr Mackin confirmed the evidence given by Dr Shaw, and testified to the careful manner in which the operation had been conducted. A verdict was given in accordance with the facts of the case.
* Galvanism is the therapeutic use of electric currents
(The Argus, 5 December 1868, p. 6)

At the inquest, James Russell further said that William’s wife was still alive and living with their sons at Curdies Creek.

The following year a notice of insolvency was published:

James Beresford, of Terang, laborer. Causes of insolvency: Losses sustained on contracts and death of cattle, and from being compelled to pay debts contracted by his late father, William Beresford. Debts, £100 8s 5d; assets, £28 10s 1d; deficit, £71 18s 4d.
(The Age, 2 Sep 1869, p.3)

Some time after James Beresford died in 1884, Mary Ann Gibb (nee Beresford) and her husband moved their family to Pokeno, New Zealand and Mary Beresford joined them. She stayed with them for the next 19 years until her death 8 July 1902 aged 87. The death certificate says she was born in Ireland and that her father was J. Hall, a miller. There is a definite DNA connection to Beresford descendants, so if Mary’s father was indeed a J or John Hall, then it’s possible that Mary was a first cousin to John Hall aboard the Thomas Arbuthnot. Though her death certificate lists her as Irish born, her death notice has her correctly as ‘of Glasgow’ though the age at death is misprinted.

(New Zealand Herald, 10 July 1902, p.1)

Murder at Epping

Murder at Epping

by christineworthington

bwcommonheath Catherine Maher (nee Costigan) (my gg grandmother) was a witness to a murder that occurred at Epping in 1858. An inquest was not held until February 1864, after the victim’s body was discovered. Catherine, by then married and living at Lancefield, testified at the inquest.

The scene of the murder was the Traveller’s Rest Hotel, Epping. The proprietors of the hotel were Patrick and Sarah Burke, the accused was Patrick’s brother, Batholomew (‘Bartley’) Burke who was alleged to have murdered his wife Mary. Bartholomew, a labourer, and Mary had three young children and resided in a tent next to the hotel. In 1858 Catherine Costigan was a servant for John and Margaret Maher. John was a wheelwright who rented a house and paddock from Patrick Burke for his family and business. The house was next to the hotel and close to the tent.

In 1858 Mary disappeared and Bartley Burke had told everyone that he had paid her passage to Sydney. He continued to live in the tent for several weeks and, after leaving the children in the care of friends and relatives he moved on himself.

In February 1864 a detective named Williams, acting upon information he’d received, found the remains of Mary Burke on the former site of the tent. Patrick Burke and his son Martin were charged with being accessories and an inquest into the death was held at Northcote later that month. Catherine’s testimony concerned her having heard and seen what may have been the fatal shooting.

The Leader, 20 Feb 1864, p.6

THE EPPING MURDER.

Catherine Maher, a married woman, residing at Lancefield, deposed: I recollect residing with John Maher, at Epping, about five years ago, as a servant. He rented the piece of land his house was then on from Patrick Burke, the landlord of the Travellers’ Home Hotel. The house might be about thirty yards from the hotel, and was on the same side of the road. I knew Bartley Burke and his wife, as they lived in a tent just outside the back corner of Mr Maher’s house. The tent could be seen quite clearly from the house. One night, after ten o’clock, I heard the report of firearms in the direction of Burke’s tent, whilst I was going out of the back door of the house. The night was dark. I distinctly saw the flash of the gun. The report I heard almost simultaneous with it. There was no one with me at the back door at the time, Mr and Mrs Maher being in the house, but in a minute or so afterwards, as I was turning to go into the house, the latter came out beside me. When I went inside they both asked me where the shot had been fired, and I replied about Burke’s tent. Previous to that night I was constantly in the habit of seeing Mary Burke about the tent, but never saw her afterwards. Burke remained at the tent between six and seven weeks afterwards. On the next, morning after the shot was fired, Patrick Burke, the hotelkeeper and his wife went away in their gig towards Melbourne. Could not tell what particular dress Mary Burke wore or the color of her hair. On one occasion saw, her beaten by her husband. She seemed at that time to be, a little groggy. About a minute before the report of the gun I heard a person near the tent exclaim ‘look out.” I heard no screaming, however, either before or after the report. The tent contained no separate apartments. The chimney attached to it was built of stone. On the morning after the shot, the second child came to me and said that her father told her he had sent her mother off to Sydney. There were three children the, eldest I think was about eight years of age. I had no conversation with them afterwards upon the subject. To Inspector Bookey : I had no conversation with Mrs Patrick Burke about what evidence I was to give. To, the Jury : I never saw, Bartley Burke with firearms in his hands. The day after the shot was fired was not a Sunday, The tent remained up about a month after that.

John and Margaret Maher also gave evidence at the inquest …

John Maher, a wheelwright, residing : at Epping, deposed: I rented a paddock and house near Patrick Burke’s hotel, from 1855 till some time in 1862. I recollected Bartley Burke and his wife, living near my place in a tent. I often saw the latter, but did not know her Christian name. On one occasion, late at night, I heard a shot fired near their tent, as I was in bed. I did not make any inquiries at the time or afterwards regarding the shot ; it had become impressed in my memory from the fact that it was rather a late hour to go opossum shooting. I never saw Mary Burke afterwards, but I saw her husband frequently. He remained about the place for some weeks, but how many I do not exactly remember. Some days previous to the shot being fired, Burke and his wife had a quarrel at my place. Burke struck her with a stick of some kind, upon which I separated them, putting him out of the house. Where the blow was struck I cannot tell, it is too long since then.. Burke’s tent was situated about the place where the bones were found. I have not seen him within the last three years. I frequently saw him with a gun, but of what description I cannot remember.

Margaret Maher, wife of the preceding witness, deposed: I recollect living near Patrick Burke’s hotel, about six years ago and remember a tent nearby occupied by Bartholomew Burke and his wife. One night, about ten o’clock, I heard the report of a gun, near the tent, the night was dark and I saw the flash of the gun very distinctly. I remember the shot, because it was so near the tent. I was in the habit of seeing Mrs Burke almost daily, but I did not see her for two days before the shot was fired. Never saw her afterwards. I had some conversation with the second youngest child on the morning afterwards, I asked the child if her mother was at home, when she replied that her father had sent her to Sydney that morning. Mrs Burke left the place before, but she then called in and bade me good bye. On one occasion she had a few words in my place with her husband, who struck her with a stick. She was then a little groggy, but he seemed quite sober. Heard, no words near the tent before or after the report of the gun. There was no light in the tent at the time. It remained standing for two or three weeks afterwards. I saw Burke between eight and nine o’clock on the morning after the shot was fired, going from his own tent to the public-house. I afterwards saw him return to the tent. Patrick Burke and his wife had left in their gig for Melbourne, before that. Mary Burke’s hair was either brown or black, and very long, but whether it was ever plaited or not I could not tell.

After several days of evidence from about ten witnesses, a jury verdict was delivered …

The jury, without retiring, unanimously agreed upon the following verdict :— “That, on or about the 19th of September, 1858, at Woolert, Mary Burke died from violence, inflicted upon her by her husband Bartholomew Burke. We find the said Bartholomew Burke guilty of the wilful murder of the said Mary Burke.”

After the inquest the search was on for Bartley Burke …

Geelong Advertiser, 29 February 1864, p.2

A reward of one hundred pounds is offered in Friday night’s Gazette, for the apprehension and conviction of Bartholomew Burke, charged with the wilful murder of his wife, Mary Burke, on or about the 9th September, 1853 The following is given as the description of the man Bartholomew Burke—Irish, aged about 43, 5 feet 7 or 8 inches high, medium build, dark complexion, hair, whisker and moustache, probably now turning grey; formerly a soldier in H.M. 40th regiment at Melbourne, acting as officers’ servant, discharged in 1857. He afterwards lived with his wife at Gisborne or Kyneton. About 1860 he worked at Kew for two contractors, named respectively Morgan and Sobie, being then known by the name of Moore. In 1849 (? 1S59) he worked at Gardiner and Cheltenham under two contractors, named respectively Dwyer and Malone, at the time when one George Oldham was murdered there by one Regain About two years ago he was at work stone breaking near the Plough Inn, Plenty-road. His general appearance is that of a labourer. During his military service he was for some time employed on escort duty.

Kyneton Observer, 29 March 1864, p.2

Considerable difficulty seems to be experienced in coming, across the whereabouts of the missing Bartholomew Burke, the supposed Epping murderer. Scarcely a day passes but some one is apprehended who is fancied to answer the description, and, as a matter of course, shortly after discharged ~ but it seems hard that this should be the law, as many innocent persons may thereby have their characters materially damaged.

He was found in December 1864 in Tasmania, and further charged with absconding …

Mercury (Hobart), 19 December 1864, p.2
ABSCONDING – John Burke alias Bartholomew Burke alias Moore, charged upon his own confession with a murder committed in Victoria, was discharged, a further charge of absconding in June 1851, was preferred against him and he was remanded for examination to the 22nd inst.
The inquest was widely reported on and these reports can be found on the Trove Newspapers website.