Patrick Mulcahey

M, #5282, b. 1833, d. 26 Nov 1914
Birth*1833 
Marriage*1868 Spouse: Mary Walsh. VIC, Australia, #M1730.1
 
Land-UBeac*27 Oct 1877Selection: GEM-C-4. 12a 3r 22p - 568/49 - Crown Grant to P. MULCAHEY on 8 Apr 1879 - Improvements 34 chains of fencing @ 25/- £42.10 ; Clearing £10 ; Sowing Seed £3 - Total £55.10 (Brisbane Agent.)2,3 
Land-UBeac*6 Oct 1884 GEM-C-4. Transfer from Patrick Mulcahey to Henry William Danby. 12a 3r 22p.4 
Death*26 Nov 1914 Hawthorn, VIC, Australia, #D14244 (Age 81) [par Patrick MULCAHY].1 
Death-Notice*5 Dec 1914 MULCAHEY.— On the 26th Nov., at 184a Power Street, Hawthorn, Patrick, beloved husband of Mary Mulcahey and father of Mrs. J. A. Maher, Mrs. C. T. Loughnan, Mrs. J. C. Jones, Thos. P. and Gerald Mulcahey. A colonist of 62 years. R.I.P. Interred privately.5 

Newspaper-Articles

  • 9 May 1879: License 568/49 cancelled because Land sold.6
  • 5 Dec 1914: In: Australian Catholic Federation Monthly Bulletin. MR. PATRICK MULCAHEY. We regret to announce the death of Mr. Patrick Mulcahey, which took place at his late residence, Power street, Hawthorn, on November 26th. Mr. Mulcahey was a leading figure in commercial circles in the early days of Melbourne. He was a partner in the well-known firm of Donovan and Mulcahey, whose place of business was at the corner of Lonsdale and Elizabeth streets, and whose business connections extended over Victoria. The pioneers, who were the backbone of the country, are gradually disappearing. Mr. Mulcahey was a colonist of 62 years' standing. For many years deceased lived a quiet life in retirement. He leaves a widow, three married daughters, and two sons to mourn their loss. R.I.P.7

Citations

  1. [S22] Victorian Government. BDM Index Victoria (online).
  2. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5714/P0000/1392 - 568/49 PATRICK MULCAHEY PAKENHAM 13--0--0
    Patrick Mulcahey, Merchant, of 436 Lonsdale Street Melbourne.
  3. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1120-917 - Patrick Mulcahey of Melbourne.
  4. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1120-917 - Henry William Danby of Number 38 Elizabeth Street Melbourne Accountant - C/T 1616-085.
  5. [S14] Newspaper - Advocate (Melbourne, Vic.), Sat 5 Dec 1914, p12.
  6. [S194] Newspaper - Victoria Government Gazette 9 May 1879, p1041.
  7. [S14] Newspaper - Advocate (Melbourne, Vic.), Sat 5 Dec 1914, p6.
Last Edited7 Oct 2017

Charles Frederick Clough

M, #5283, b. 14 Jul 1851, d. 21 Aug 1934
1930 Rugby Warwickshire
Father*John Henry Clough b. 1825, d. 5 Feb 1904
Mother*Agnes Thornton b. 1829, d. 8 Mar 1907
Birth*14 Jul 1851 Huddersfield, Yorkshire, England.1
(Migrant) Migration/Travel7 Mar 1861 Sailing with Agnes Clough to Melbourne, VIC, Australia. Ship Dover Castle
Age 9.2 
Education*1870 Undergraduate at the University of Melbourne. 
Marriage*7 Jun 1877 Spouse: Marion Horton Hummel. Christchurch, Surrey, England, Jun Q 1877 (Lambeth) 1d 445.3
Govt Gazette*8 Aug 1879The article reads: CLOUGH, Charles T. Gembrook Gazetted 8/08/1879 Applications for Licenses Approved
CLOUGH, Charles F. Gembrook, Victoria Gazetted 12 Mar 1880 Licenses Revoked, Cancelled or Declared Void.4 
Land-UBeac*17 Feb 1880Selection: GEM-C-17A. 19a 2r 21p - Crown grant issued to C. F. CLOUGH on 17 Feb 1880.5,6,7 
Land-UBeac*14 Sep 1906 GEM-C-17A. Transfer from Charles Frederick Clough to Charles Edward Warren. 19a 2r 21p.8 
Widower6 May 1929Charles Frederick Clough became a widower upon the death of his wife Marion Horton Hummel.9 
Marriage*Mar 1930 Spouse: Jessica Alice Harris. St Giles, London, England, Mar Q [St Giles] 1b 657.9
 
Death*21 Aug 1934 Rugby, Warwickshire, England, Sep Q 1934 (Rugby) 6d 671 (Age 83.)10 
Death-Notice*26 Sep 1934 OBITUARY: Mr. C. F. Clough
News has been received from England of the death at Rugby on August 21 of Mr. Charles Frederick Clough, eldest son of the late Mr. John H. Clough. The old name of the Clough family was at Forrest Hill, South Yarra, where the Melbourne High School now stands. Mr. John H. Clough owned nearly all the land between the railway line and Chapel street, from the river to Toorak road, and the house, like a country homestead, with its long verandahs and surrounded by pines, was a landmark. It was demolished only a few years ago, Mr. C. F. Clough was educated at the Melbourne Grammar School from 1862 to 1868. He went to England upon leaving school, and entered King's College, London, where he remained for two years until he went on to Owens College, Manchester, where he took the Ashbury exhibition for civil engineering in 1873. Upon his graduation he joined the North-Western Railway Company, and became one of its district engineers. He returned to Australia later, and became engineer-in-chief of the South Australian railways. He retired from that position in 1903, returned to England, and became resident engineer to the London County Council until his final retirement a few years ago. He had been living at Rugby for many years. Mr. Clough, who was aged 83 years, was a widower. One of his three sons was killed in the Great War. The others are now living in England. Mr. Clough's younger brother, Mr. Edgar A. Clough, who also was educated at the Melbourne Grammar School, became a well-known woolbroker in London. The family is still represented in Melbourne by the woolbroking firm of Edgar A. Clough and Co, of Collins street.11 
Probate (Will)*8 Oct 1934 CLOUGH Charles Frederic of 25 Elstree-road Rugby Warwickshire died 21 August 1934, Probate London, 8 October [1934] to Henry Lupton Reddish, solicitor, Jessica Alice Clough, widow, and Claude Lindsay Clough, wool expert. Effects £7104 5s. 2d.12 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
2 Apr 191114 Lee Park, Blackheath, London, EnglandHead of Household: Charles Frederick Clough. Age 59 - Civil Engineer
Member(s) of Household: Marion Horton Clough Charles Eric Clough.13

Newspaper-Articles

  • 1934: REV. W. H. JENKINS' TRIBUTE
    The Rev. W. H. Jenkins, formerly Vicar of Hillmorton, writes :—I read with interest your kindly sketch of the career of the late Mr. Charles F. Clough, Elsee Road, Rugby, in which you imply that he was a civil engineer in the forefront of his profession. During the past sixteen years I happened to know him in quite a different capacity and perhaps you will allow me to supplement your account with a few personal recollections of this worthy citizen of Rugby. I think I am correct in saying that he was a descendant of Arthur Hugh Clough, the famous English poet, who was a pupil of Dr. Arnold, of Rugby, and a contemporary of Matthew Arnold, of Balliol College, Oxford; and therefore related to Anne Jemima Clough—a sister of A. H. Clough, who was the first pricipal of Newnham College, Cambridge. And because of this link with Rugby the late C. F. Clough a few years ago presented his engineering books to Rugby School for the benefit of the boys who were interested in that subject. In his retirement he was deeply interested in radio and photography, and in that capacity took infinite pains to foster the study in Rugby. It was my privilege to meet him on many occasions, sometimes twice a week, to collaborate reminiscences of his early pioneering days in Australia. He had a wonderful retentive memory of those early days, full of romance and excitement, but unfortunately he began too late in life to complete the story. He was so diffident about the publication of these memoirs that I fear they may never be recorded, although they throw an interesting side-light on the early history of Southern Australia.
    If he did not inherit the poetic genius of his ancestor, Arthur Hugh Clough, he certainly inherited the literary instinct, for he was well versed in classical English literature.
    As a churchman he belonged to no particular school, but he was a true Christian at heart.
    Frequently he asked me if any of my Hillmorton parishioners were in need of help, and he never failed to assist needy cases : his generous acts were always done quite anonymously. By the passing of Charles F. Clough Rugby has lost a devout Christian and a courteous English gentleman who lived the true life and never paraded his virtues.14
  • 1934: Tribute to second wife
    Mr C. F. C. Clough, whose will is reported on page 2 of this issue, inserted the following clause in the will: "I desire to place on record my appreciation of my present wife's loving devotion to my first-wife's skill and loving devotion to my first wife in her last illness and for three years previously, and also of her care of and attention to myself since my first wife's death.15
  • 1934: Mr. C. F. Clough. Funeral of Rugby Retired Civil Engineer
    THE funeral took place on Friday afternoon of Mr. Charles Frederic Clough, M.I.C.E., of 25, Elsee Road, Rugby, whose death, at the age of 83, was recorded in the "Advertiser" last week. He was a distinguished civil engineer and had lived in retirement in Rugby since 1915.
    The Rev. R. S. K. Seeley officiated, and a service was held in Rugby Parish Church. Mr. F. E. Bullivant was at the organ and led the singing of Psalm 90. He played "O Rest in the Lord," as the cortege entered the church and at the close of the service rendered the "Dead March" in "Saul."
    The intimate mourners were : Mrs. C. F. Clough (widow); Mr. F. H. Clough (son); Mr. and Mrs. C. L. Clough, Eltham, London (son and daughter-in-law); Capt-. S. C. Hobson, Melton Mowbray; Miss Pring, Walsall; Councillor H. Lupton Reddish; Mrs. Fred Harris, Stratford-on-Avon; Mr. and Mrs. G. R. Harris, Hillmorton; Mr. Will Harris, Ullenhall, near Henley-in-Arden; Mr. Norman Harris, Henley-in-Arden.
    Sympathisers present were : The Rev. W. H. Jenkins (formerly Vicar of Hillmorton), Mr. W. J. Cusack, Miss M. Cusack, Mr. and Mrs. W. J. Belsey, Miss David, Mrs. Hill (South Kihvorth), Mrs. Bait, Mr. R, P. Mason, Councillor Mrs. W. Davis, Miss Brierly, Mr. G. E. Over, Miss F. Harris, Mr. and Mrs. P. K. Stebbing, Mr. C. T. Tew, Mr. J. Ferry, Miss Ferry, Miss Salter, Mrs. Bottone, Mrs. H. T. Walton, Miss Jackson, Mr. T. Johnson, and Mr. and Mrs. H. J. Sheasby.15

Citations

  1. [S65] Ancestry - various indices, West Yorkshire, England, Church of England Births and Baptisms, 1813-1910.
  2. [S36] Inward & outward passenger lists to and from Victoria. Series: (VPRS 14; 7666; 7667; 7786); PROV (Public Record Office Victoria), 187/007 + 009.
  3. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "Marriage Charles Frederic Clough & Marion Horton Hummel (Lambeth) 1d 445."
  4. [S20] Various indexed records of GSV - Genealogical Society Victoria "Government Gazette index."
  5. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5357/P0000/3641     
    1295/49 CHARLES F CLOUGHS GEMBROOK 17A C 19--2--21 1879 - 1880.
  6. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1213-463 - Charles Frederick Clough of Melbourne.
  7. [S20] Various indexed records of GSV - Genealogical Society Victoria "Government Gazette:
    CLOUGH, Charles T. Gembrook Gazetted 8/08/1879 Applications for Licenses Approved
    CLOUGH, Charles F. Gembrook, Victoria Gazetted 12 Mar 1880 Licenses Revoked, Cancelled or Declared Void."
  8. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1213-463 - Charles Frederick Clough to Charles Edward Warren of 70 Albert Road South Melbourne Law Clerk.
  9. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/.
  10. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "Charles F Clough (Rugby) 6d 671 (Age 83)."
  11. [S11] Newspaper - The Argus (Melbourne, Vic.), 26 Sep 1934, p6.
  12. [S190] Index to Probate Calendar England, viewed at ancestry.com.au, 1858-1966 "England & Wales, National Probate Calendar (Index of Wills and Administrations)."
  13. [S83] UK census - viewed on Ancestry "RG14; Piece: 2739 Ancestry.com. 1911 England Census [database on-line]."
  14. [S80] Ancestry - Family Tree, ange1956
    Tribute to my Great Uncle Charles from the Reverend Interesting potential connection with Arthur Hugh Clough in this newspaper clipping that was preserved by my Grandmother. If anyone manages to find the connection between Charles & Arthur Hugh Clough & Anne Jemima Clough, then, do please let me know.
  15. [S80] Ancestry - Family Tree, ange1956
    Newspaper clipping preserved by my Grandmother.
Last Edited26 Dec 2020

John Henry Clough

M, #5284, b. 1825, d. 5 Feb 1904
Father*John Rhodes Clough1 b. Nov 1796, d. Mar 1840
Mother*Eliza Bradley b. 1802, d. 28 Jan 1881
Birth*1825 Huddersfield, Yorkshire, England, baptised 17 Jun 1825 [par John Rhodes CLOUGH & Elizabeth].2 
Note*Mar 1840 Death of father: Mar Q 1840 (Huddersfield Union) 22 233 (Age 42.)3 
Marriage*1 May 1849 Spouse: Agnes Thornton. Huddersfield, Yorkshire, England, Jun Q [Huddersfield] 22 248.4,5
Marriage-Notice*5 May 1849 Huddersfield.—May 1, at the parish church, by the Rev. John Haigh, M.A., John Henry, son of the late John Rhodes Clough, gentleman, to Agnes, daughter of Mr. E. Thompson [sic].6 
Note1862 John's sister Agnes CLOUGH married John Thornton of Toorborak. She died in 1884 as Agnes THORNTON #D8070/1884 (Age 48) at Camperdown [par John Rhodes CLOUGH & Eliza BRADLEY] spouse John THORNTON.7 
Land-UBeac*b 17 Feb 1880Selection: GEM-C-18. 19a 1r 28p - Land File 1287/49. Originally selected by Edward Charles Shaw who cancelled license. Crown grant to J. H. CLOUGH on 17 Feb 1880.8,9 
Death*5 Feb 1904 Hampstead, London, England, Mar Q 1904 (Hampstead) 1a 464 (Age 78.)10,11 
Death-Notice*15 Mar 1904 CLOUGH. — On the 5th February, at 7 Daleham-gardens, Hampstead, London, John Henry Clough, in his 79th year. For over 50 years a resident of Melbourne.10 
Probate (Will)*12 Sep 1904 CLOUGH John Henry of 7 Daleham-gardens South Hampstead Middlesex died 5 February 1904, Probate London, 12 September to Charles Frederic Clough civil engineer. Effects £1154.12 
Land-Note*4 Jan 1946 GEM-C-18. William Boyd Evans Red Ink No. 4286198. By vesting order dated 4th January 1946. Produced to me on 4th day of January 1946. The within described land became vested in William Boyd Evans for an estate in fee simple - Vol 6825 For 852.13 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
6 Jun 1841Bradley Street, Huddersfield, Yorkshire, England(Head of Household) Eliza Bradley;
Age 15
Member(s) of Household: Eliza Jane Clough Agnes Clough14
30 Mar 1851Hannah JONES, boardinghousekeeper, Adelaide House, Great Malvern, Worcestershire, EnglandAge 25 - Wool Merchant at Huddersfield (Lodger) With Agnes Clough15
185647 King Street, Melbourne, VIC, AustraliaOccupation: merchant.16

Family

 Agnes Thornton b. 1829, d. 8 Mar 1907
Children 1.Charles Frederick Clough+ b. 14 Jul 1851, d. 21 Aug 1934
 2.Edgar Alfred Clough+ b. 1855, d. 7 May 1916

Newspaper-Articles

  • 14 May 1859: APPOINTMENTS: John Henry Clough, Esq., John M'Namara, Esq., and Charles Eardley Wilmot, Esq., to be Territorial Magistrates for the colony of Victoria.17
  • 8 Aug 1863: SUPREME COURT. CIVIL SITTINGS BEFORE MICHAELMAS TERM. OLD COURT-HOUSE.-FRIDAY, AUG. 7. (Before his Honour Chief Justice Stawell, and Special Juries of Twelve.)
    HODGKINSON V. CLOUGH.
    This trial, which began on Wednesday, was finished to-day. It was an action by James Hodgkinson, formerly owner of several pastoral stations in the Wimmera District, against John Henry Clough, the senior partner in the firm of J. H. Clough and Co., Woolbrokers of Melbourne ; and was brought to recover damages for false imprisonment, and malicious prosecution. It is a material point of the case that the writ commencing the action was issued on the 29th of June last. The declaration contained two counts. The first, for false imprisonment, complained that the defendant without reasonable or probable cause arrested, the plaintiff on the 8th of February last, and imprisoned him for thirteen days. The second, for malicious prosecution, complained that the defendant, contriving and maliciously intending to injure the plaintiff, on the 14th February last appeared before Crawford A. D. Pasco, a magistrate at Carlsbrook, and before him falsely and maliciously, and without any reasonable or probable cause, charged the plaintiff with having feloniously stolen and driven away [from the Woodstock Station] 2,800 sheep, the goods of the defendant ; and without reasonable or probable cause maliciously caused the plaintiff to be imprisoned for thirteen days, until he found bail for appearance at the next criminal sessions, but afterwards, at such criminal sessions, although the plaintiff appeared to take his trial, the defendant did not further prosecute the said charge, "but altogether neglected so to do, and has deserted and abandoned the same, and the same charge is wholly ended and determined :" whereby, and by means whereof, the plaintiff was forced to incur costs in procuring such bail, and in defending himself and preparing proofs of his innocence; whereby also the plaintiff was hindered in his lawful business, inasmuch as Dr. Dickson, William John Turner Clarke, and George Coghill, and others who before these transactions used to have divers dealings with the plaintiff to his profit, by reason of such transactions and grievances "wholly refused to have any transaction or dealing, or discourse," with him ; and whereby also the plaintiff was otherwise damnified in his fame and credit. Damages, £10,000.
    There was a general plea of "Not Guilty" to the whole declaration ; and also a special plea to the second count that 'the said charge [of felony] was not ended and determined in manner and form as in that count is alleged."
    Dr. Sewell, Mr. Dawson, and Mr. Louis for the plaintiff; Mr. Michie. Mr, Wood, and Mr. Fellows for the defendant. The witnesses examined for the plaintiff were John Robert Hudson, detective officer at Ballarat ; Thomas Slattery, detective officer at Maryborough ; Hugh Ross Barclay, superintendemt of police at Avoca ; Wellesley Fletcher Rowe, clerk of the Petty Sessions at Carisbrook; S. F. Gurner, Crown Solicitor, Melbourne; - Warry, from the telegraph office at Melbourne ; James Hodgkinson (the plaintiff) ; and - Mackillop, accountant, Melbourne. The examination of these witnesses occupied Wednesday and a portion of Thursday. The witnesses examined for the defendant were-Samuel Watson, superintendent of the Woodstock Station, off which the sheep were removed which the plaintiff was charged with stealing ; Samuel Pugh, the shepherd who tended the sheep up to the time they were driven off; - Franklin, keeper of a refreshment hut near the Wood- stock homestead ; Thomas Stevens and George McLeod, the shepherds, and Charles Stuart Mossman, the assistant of the plaintiff, who, under the directions of the plaintiff, drove off the sheep ; Geo. P. Old, commission agent : John Henry Clough (the defendant) , John William Bogg, one of the defendant's partners in the firm of Clough and Co; Mathew W. Taylor, solicitor; and Joan Stone, station overseer, employed by Clough and Co. The examination of these witnesses occupied part of Thursday, and until noon of to-day (Friday).
    The evidence of Mr. Gurner, the Crown Solicitor, given on the first day of the trial showed that the prosecution of Mr. Hodgkinson for felony was under the consideration of the law ofiicers from end of April until the 2nd of July ; and that only on that day was their determination come to that there should be no further proceedings. He showed this by reading an endorsement on the proceedings of the following brief fiat :-" No prosecution. 2-7-63." [2nd July, 1863.] The allegation in the declaration that the defendant had deserted and abandoned his charge of felony against the plaintiff, and that "the same charge is wholly ended and abandoned" at the date of the commencement of the plaintiff's action, was one essential to the foundation of the plaintiffs right to sue; and the evidence of Mr. Gurner showed that the prosecution had not been wholly "ended and determined" until the 2nd July, whereas this action was begun on the 9th June. The Chief Justice, therefore, early on the second day of the trial, intimated that he must tell the jury they ought to find a verdict for the defendant on the special issue raised by the second plea to the second count. A necessary consequence of this inevitable result on this special issue raised by the second plea to the second count was also that although on the general question of "guilty" or "not guilty" on the second count, the verdict might be for the plaintiff, yet he could not recover any damages under that count. But as the distribution of the costs of proving or disproving both of the two issues raised on this count (the general one of "guilty," or' "not guilty," and the particular one of whether or not the prosecution was "ended and determined" before the present action was begun), depended on the finding of the jury on those points it was still necessary to continue the trial of the case pretty much in the same way as if the third issue was still in doubt between the parties to the end ; but after the intimation given by the Chief Justice, the principal contest and strain fell on those portions of the case which went to prove or disprove arrest of the plaintiff by, or by the authority of, the defendant ; and, if that proof were assumed, then to prove or disprove under what circumstances of mitigation the arrest was made by, or by the authority of, defendant. Under the first of these divisions of the case it contended for Clough that the arrest of Hodgkinson was never desired by Clough, or directed or authorized by him; but was made by the police, either on their own motion, or, if not so, on the motion of Watson, an agent of Clough and Co., who had exceeded his autho- rity and instructions, which were restricted to measures for obtaining the recovery of the sheep, and did not include (but intentionally, and, on legal advice taken, excluded) any measures of arrest against the plaintiff; and under the second division of the case it was insisted for the defendant that the plaintiff was a debtor, who owed thousands of pounds beyond the value of the stations he had mort- gaged to the defendant's firm in security for moneys lent, and who had himself aban- doned all interest in the stations, and all hope of a claim to redeem them ; that he effected the removal of the sheep secretly by stealth, and under cover of the night, and with elaborate arrangements both to conceal the removal and the route by which the sheep were carried off, so that his proceedings were rather those of a thief than of a man honestly, though under mistake, asserting a supposed right ; and that if his objects were not criminal, they were at least illegal, and tainted by express malice and threatened revenge. For the plaintiff, it was insisted that he was a debtor oppressed and impovorished to ruin by the exactions of the defendant's firm, his creditors ; that from the first to the last he had maintained his position of mortgagor, had never given up a substantial share in the management of the stations mortgaged had never parted with his equity of redemption, and had never ceased to have reasonable hopes of paying off his debt and redeeming his property-these facts and hopes being known to the defend- ant; and that the plaintiff's proceedings in removing the sheep were taken after notice to the defendant of an intention to take some such step in assertion of the plaintiff's rights, and were throughout public and without intention or appearance of concealment. The evidence as to whether the plaintiff was arrested by the authority of Clough was very conflicting; it was principally that of detectives concerned, of Watson (Clough's overseer at Woodstock), of Clough himself, and of telegraphic messages. The evidence on the part of the defendant as to the circumstances which led to the plaintiff's arrest was also not without conflict in its parts ; it related chiefly to the conduct of Hodgkinson first and last, as showing him to have been, or not have been, entitled to, or even merely a claimant of, any right, title, or interest beyond a legal shadow, in the mortgaged stations; his conduct in removing the sheep ; and the conduct of Clough prior to and throughout the proceedings on the arrest of Hodgkinson and the prosecution of him before the magistrate at Carisbrook unto his committal for trial. This evidence also branched into two divisions, with subdivisions. The first portion of it concerned the treatment of Hodgkinson before and up to his committal for trial, including alleged harshness and unnecessary indignity to which he was subjected on his arrest at Bullock Creek, near Sandhurst, removal to Carisbrook, and treatment in prison before his committal. The second division con- corned that portion of it which followed his committal, including circumstances of great abasement and privation and suffering, both on the road to gaol, and during an imprisonment of many days in a felon's cell. The third and fourth subdivisions concerned the alternative question of whether the defendant was entitled, in mitigation of damages, to give evidence of all the circumstances to the prejudice of the plaintiff which occurred in connexion with the arrest and imprisonment; or only such of those circumstances as the defendant was aware of at the time the arrest and imprisonment were respectively procured by his authority. As to the two latter divisions of the evidence, his Honour expressed a strong opinion that only the facts which the defendant knew were ad- missible in mitigation of his acts; but to abridge litigation he admitted the evidence with the intention of asking the jury to assess their damages on the alternative suppositions.
    Mr. Michie having been absent to-day (Friday) from indisposition.
    Mr. WOOD addressed the jury for the defendant in a speech of great force and appa- rent effect with the jury.
    Dr. SEWELL replied in a speech abounding in points well made, and concluding with a passage of great rhetorical grace and warmth.
    The CHIEF JUSTICE, in the course of his summing up, burst once into a passage of most earnest and almost impassioned denunciation of the wrong and indescribable evil which might be the result of an unwarranted resort by the rich and strong to the criminal machinery of the law against the innocent and weak for purposes of oppression, or of crushing the victim down to a position of helpless inability to assert his rights. After a vivid pourtrayal of the results of supposed legal oppression-results which he declared might be so frightful that it would be better to shut up the criminal courts of the country altogether than keep them open and liable to be so abused - he went elaborately through the evidence, balancing the probabilities of each item as dependent on the person giving it, the circumstances under which it was given, and its bearing on other portions of evidence, and classifying the whole into the divisions relevant to the issues raised on the record. These issues he explained minutely to the jury, and to prevent mistake wrote on paper, so that they might specially find on them, in writing, as set out below.
    The jury retired at about three. At about six they returned with a verdict for the plaintiff, on the first count, generally ; for the plaintiff on the general issue of "guilty" or "not guilty" on the second count ; and for the defendant on the special issue raised on the second count of whether the charge of felony had been ended and determined before the present action was brought. The special findings were as follow: -
    First Count.-Arrest and false imprisonment. Verdict " Guilty."
    Damages on first count-
    (1.) Damages with the evidence adduced by the defendant of his knowledge of plaintiff's acts and conduct relating to the taking of the sheep, including the whole proceedings [both before and after the commitment by the magistrate]... ......................... £1,000
    (2.) Do, up to [but not after] the time of commitment............ 500
    (3.) Do., without that evidence, including the whole proceedings [both before and after commitment] ... 2,000
    (4.) Do. do. up to [but not after] the time of the commitment . 1,000
    Second Count.-Malicious prosecution. Verdict. "Guilty."
    Third Count.-Were the proceedings terminated ? Answer-No.
    So the jury have given £2,000, for the whole grievances endured by the plaintiff before and after his commitment by the magistrates, or only £1,000 for those grievances occurring up to and before his commitment-according as the full Court may hold the plaintiff entitled to damages both before and after the commitment, or to damages only before, and up to, such commitment ; and those alternative amounts they have reduced each by half if the full Court hold that the defendant was entitled to give in evidence mitigating circumstances which he did not know, as well those which he did know, at the time he procured the infliction of the grievances endured by the plaintiff.18
  • 8 Oct 1945: TRANSFER OF LAND ACT 1928.—No791, Section 87.—Title claimed by adverse possession to land under Transfer of Land Act 1928, comprised in Crown Grant, Vol. 1178, Fol. 235,429, whereof John Henry Clough, of Melbourne, is the registered proprietor. WILLIAM BOYD EVANS, Upper Beaconsfield, Farmer, has APPLIED for a VESTING ORDER vesting in him for an estate in fee simple, free from encumbrance, the land described below. The Commissioner of Titles has directed notice of the application to be advertised in The Age, and has appointed twenty-one days from the advertisement, after which time the application may be granted, unless a caveat is lodged forbidding the same. Dated 3rd October, 1945. LAND.—Crown allotment 18, section C, parish of Gembrook, county of Mornington. Commencing at the most easterly angle of the said allotment: thence by lines along a Government road westerly 689 links and south-westerly 864 links, and by lines along Crown allotments 16, 17A and 19 north-westerly 1584 links, north-easterly 1312 links and south-easterly 1782 links to the commencing point. A. P. SUTHERLAND, Registrar of Titles.
    HOME, WILKINSON and LOWRY, Solictors, 100 Queen-street Melbourne. William Boyd Evans19

Citations

  1. [S332] UK - General Register Office Indexes.
  2. [S65] Ancestry - various indices, West Yorkshire, England, Church of England Births and Baptisms, 1813-1910 Ref. WDP32/7.
  3. [S332] UK - General Register Office Indexes "John Rhodes Clough Mar Q 1840 (Huddersfield Union) 22 233 (Age 42)."
  4. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/.
  5. [S65] Ancestry - various indices, West Yorkshire, England, Church of England Marriages and Banns, 1813-1935 Ref WDP32/37.
  6. [S333] Newspaper (England) - Leeds Intelligencer (Yorkshire), 5 May 1849, p5.
  7. [S28] Victorian Government. BDM Index Victoria (Deaths) (online).
  8. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5357/P0000/3655     
    1287/49. JOHN HENRY CLOUGH. EDWARD CHARLES SHAW. GEMBROOK 18 C. 19--1--28. 1877 - 1880.
  9. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1178-429 - John Henry Clough of Melbourne.
  10. [S11] Newspaper - The Argus (Melbourne, Vic.), 15 Mar 1904, p1.
  11. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "John Henry Clough (Hampstead) 1a 464 (Age 78)."
  12. [S65] Ancestry - various indices, probate calender 1904.
  13. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1178-429 - Red Ink No. 4286198. By vesting order dated 4th January 1946. Produced to me on 4th day of January 1946. The within described land became vested in William Boyd Evans for an estate in fee simple - Vol 6825 For 852.
  14. [S83] UK census - viewed on Ancestry "1841 England Census. HO107/1275/40/22
    Enummerated at Huddersfield, Yorkshire.
    Household Members: Mrs. J Clough, Jno H Clough, Eliza Clough, Agnes Clough."
  15. [S83] UK census - viewed on Ancestry "1851 England Census. HO107/2043/105/34
    Enummerated at Great Malvern, Worcestershire.
    Household Members: Hannah Jones (Head - boradinghouse keeper), John Henry Clough, Agnes Clough, Eliza Godsall (servant), Ann Croft (servant)."
  16. [S101] Electoral Roll for Australia, 1903 - 1980.
  17. [S11] Newspaper - The Argus (Melbourne, Vic.), 14 May 1859, p5.
  18. [S11] Newspaper - The Argus (Melbourne, Vic.), 8 Aug 1863, p5.
  19. [S16] Newspaper - The Age (Melbourne, Vic.), Mon 8 Oct 1945, p10
    https://trove.nla.gov.au/newspaper/article/205643778
Last Edited26 Dec 2020

James Hasler Horner

M, #5285, b. 6 Feb 1831, d. 2 May 1883
Father*Joseph Horner
Mother*Eliza Whitlay
Birth*6 Feb 1831 Liverpool, Lancashire, England.1 
Marriage*31 Aug 1854 Spouse: Jane Peele. Geelong, VIC, Australia, #M2003.2
 
Land-UBeac*13 Nov 1877Selection: GEM-C-3. 13a 0r 30p - Land File 399/49
Crown Grant to J. H. HORNER on 14 Jan 1879.3,4,5,6 
Land-UBeac*a 24 Aug 1878 GEM-C-10. Transfer from Henry Peele Horner to James Hasler Horner. 20a 0r 0p - Land File 49/401. Originally selected by H. P. HORNER, but crown grant to J. H. HORNER on 14 Jan 1879.7,8 
Land-UBeac*b 14 Jan 1879 GEM-C-9. Transfer from Alfred James Horner to James Hasler Horner. 19a 1r 24p - Land File 400/49. Originally selected by A. J. HORNER but crown grant to J. H. HORNER on 14 Jan 1879.9,10 
Land-Note*21 May 1879 GEM-C-3.9.10: Mortgagee: Mortgagee: Frederick Vaughan - discharged 5 Jul 1882. Mortgagor was James Hasler Horner.11 
Land-UBeac*b 1880 GEM-C-19. Transfer from J Lingard to James Hasler Horner. 19a 3r 6p - Originally selected by J. LINGARD, crown grant to J. H. HORNER on 6 Jan 1880.
Land file index mentions James PEELE, either brother or father of Mrs HORNER.12,13 
Land-UBeac*b 6 Jan 1880 PAK-221. Transfer from Alice Maude Horner to James Hasler Horner. 19a 0r 28p - No Land File. Govt Land Sale 5254 6 Jan 1880. Upset price £1/ac, valued £63 6s. Originally selected by J STEWART (1877 map), then selected by A. M. HORNER (1880 map). Crown Grant to J H HORNER.14 
Land-UBeac*b 6 Jan 1880 GEM-C-20. Transfer from Edward Shaw to James Hasler Horner. 19a 3r 20p - Originally selected by E. SHAW, Crown grant to J. H. HORNER on 6 Jan 1880.15 
Land-Note*10 Mar 1880 GEM-C-19.20: Mortgagee: Horatio Kelson. James Hasler Horner obtained two mortgages from Horatio Kelson. 10 Mar 1880 - remortgaged 5 Jul 1882. Mortgagor was James Hasler Horner.16 
Land-Note10 Mar 1880 PAK-221: Mortgagee: Horatio Kelson. James Hasler Horner obtained two mortgages from Horatio Kelson. 10 Mar 1880 - remortgaged 5 Jul 1882. Mortgagor was James Hasler Horner.17 
Land-Note5 Jul 1882 GEM-C-3.9.10.19.20: Mortgagee: Horatio Kelson. This mortgage was not discharged.. Mortgagor was James Hasler Horner.18 
Land-Note5 Jul 1882 PAK-221: Mortgagee: Horatio Kelson. This mortgage was not discharged.. Mortgagor was James Hasler Horner.19 
Death*2 May 1883 South Melbourne, VIC, Australia, #D5877 (Age 53) [par Joseph HORNER & Eliza WHITLAY].2 
Death-Notice*3 May 1883 HORNER.—On the 2nd inst., suddenly, James H. Horner, of Acland-street, St. Kilda, accountant, aged 52 years.20 
Probate (Will)*31 May 1883 James H Horner. Accountant. St Kilda. 2 May 1883. 25/641.      At the time of Horner's death he owned freehold property at Beaconsfield containing 111 acres 1 rood 15 perches enclosed with post and rail fence, no other improvements, valued at £487.10.0
Liabilities: H. Kelson money lent and secured by Mortgage over Beaconsfield property with interest to date of death £487.10.0
H J G Cattenach money lent and secured by assignment, deposit of Policy for £1000 - for a debt of £2487.11.1.
Horner's probate showed a deficiency of £1413.11.6 See: Harry James Goodricke Cattanach Horatio Kelson.21 
Land-UBeac31 May 1883 GEM-C-3.9.10.19.20. Transfer from James Hasler Horner to Horatio Kelson.22 
Land-UBeac*31 May 1883 PAK-221. Transfer from James Hasler Horner to Horatio Kelson. Reposessed.23 

Grave

  • Church of England 090/092, St Kilda Cemetery, St Kilda, VIC, Australia, James Hasler HORNER, born at Liverpool 6.2.1831, died Melbourne 2 May 1883
    also Arabella Jane HORNER, born 17.6.1855, d. 3 Feb 1856
    Henry Peel HORNER, b 23.8.1858, d. 7 Aug 1878
    Grace Emily HORNER, b 24.5.1862, d. 24 Jul 1862
    Frank Dugdale HORNER, b. 28.7.1863, d. 6 Mar 1876
    Blanche Palmer HORNER, b. 1.4.1874, d. 22 Apr 1875
    George Peel HORNER, b 7.8.1879, d. 13 Mar 18811

Family

 Jane Peele b. 1835, d. 5 Feb 1918
Children 1.Alfred James Horner b. 1856, d. 23 Nov 1918
 2.Henry Peele Horner b. 23 Aug 1858, d. 6 Aug 1878
 3.Alice Maude Horner b. 1860, d. 8 Oct 1946

Citations

  1. [S48] Index of burials in the cemetery of St Kilda,.
  2. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  3. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5357/P0000/3849     399/49 JAMES HASLER HORNER GEMBROOK 3 C 13--0--30     1877 - 1879.
  4. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1098-551 - James Hasler Horner of Melbourne.
  5. [S66] Berwick Shire Rates, 1870-1965 appears in the rate books through to 1892/3 - that year paid for by Wm Elms (also GEM-C-9.10).
  6. [S194] Newspaper - Victoria Government Gazette License 399/49 cancelled, with remark "land sold" - not open for selection.
  7. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1098-552 - James Hasler Horner of Melbourne.
  8. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 439/P0000/250 49/401 GEMBROOK APP 20--0--0 1872 - 1879.
  9. [S194] Newspaper - Victoria Government Gazette Victorian Government Gazette indicates that land originally selected by Alfred J HORNER. License 400/49, with remark "land sold" - not open for selection.
  10. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5357/P0000/3849     400/49 ALFRED JAMES HORNER GEMBROOK 9 C 19--1--24 1877 - 1879.
  11. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1098-551; C/T 1098-552; C/T 1100-860 - James Hasler Horner to Frederick Vaughan.
  12. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5357/P0000/3675     
    2512/49 JAMES PEELE PAKENHAM 19 C 19--3--6. 1877 - 1880.
  13. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-606 - James Hasler Horner of Melbourne.
  14. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-607 - James Hasler Horner of Melbourne.
  15. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-605 - James Hasler Horner of Melbourne.
  16. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-605 + C/T 1164-606 - James Hasler Horner to Horatio Kelson.
  17. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-607 - Mortgage No 36071. James Hasler Horner to Horatio Kelson Discharged 5 Jul 1882 - remortgaged.
  18. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1098-551; C/T 1098-552; C/T 1100-860; C/T 1164-605; C/T 1164-606 - James Hasler Horner to Horatio Kelson. Mortgage No 50157.
  19. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-607 - James Hasler Horner to Horatio Kelson. Mortgage No 50157.
  20. [S11] Newspaper - The Argus (Melbourne, Vic.), 3 May 1883, p1.
  21. [S35] Probate Records, PROV (Public Record Office Victoria), VPRS 28/P0, unit 300; VPRS 28/P2, unit 147; VPRS 7591/P2, unit 81
    At the time of Horner's death he owned freehold property at Beaconsfield containing 111 acres 1 rood 15 perches enclosed with post and rail fence, no other improvements, valued at £487.10.0
    Liabilities: H. Kelson money lent and secured by Mortgage over Beaconsfield property with interest to date of death £487.10.0
    H J G Cattenach money lent and secured by assignment, deposit of Policy for £1000 - for a debt of £2487.11.1.
    Horner's probate showed a deficiency of £1413.11.6.
  22. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1098-551; C/T 1098-552; C/T 1100-860; C/T 1164-605; C/T 1164-606 - James Hasler Horner to Horatio Kelson (default of Mortgage).
  23. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-607 - James Hasler Horner to Horatio Kelson (default of Mortgage).
Last Edited19 Jan 2019

Jane Peele

F, #5286, b. 1835, d. 5 Feb 1918
Father*James Peele b. 1813, d. 5 Apr 1893
Mother*Hannah Boddington b. 1812, d. 8 Aug 1888
Married NameHorner.1 
Birth*1835 England. 
(Migrant) Migration/TravelDec 1852 Sailing with James Peele, Hannah Peele, Grace Peele, James Peele to Melbourne, VIC, Australia. Ship Victory. Also sailing are: Hannah (Age 18) ; Mary (Age 8) ; Dennis (Age 2)
Age 16.2 
Marriage*31 Aug 1854 Spouse: James Hasler Horner. Geelong, VIC, Australia, #M2003.1
 
Widow2 May 1883Jane Peele became a widow upon the death of her husband James Hasler Horner.1 
Death*5 Feb 1918 Perth, WA, Australia, Age 83. 
Death-Notice*7 Feb 1918 HORNER.-On February 5, at her late residence, 34 Ventnor-avenue, West Perth, Jane, relict of the late James Hasler Horner, accountant, Melbourne, in her 83rd year. Privately interred 6th inst..
HORNER.-On February 5, at 34 Ventnor-avenue, West Perth. the dearly loved mother of Mrs. G. C. Bohun Bone. 374 Rokeby road, Subiaco. There is no death.3 
Death-Notice7 Feb 1918 HORNER. -February 6, at Tranmere, 34 Ventnor-avenue, Perth, W.A., Jane, widow of the late James Hasler Horner, accountant, Melbourne, and mother of Mrs. S. R. Walford and A. J. Horner, Sydney, in her 83rd year.4 

Family

 James Hasler Horner b. 6 Feb 1831, d. 2 May 1883
Children 1.Alfred James Horner b. 1856, d. 23 Nov 1918
 2.Henry Peele Horner b. 23 Aug 1858, d. 6 Aug 1878
 3.Alice Maude Horner b. 1860, d. 8 Oct 1946

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  2. [S36] Inward & outward passenger lists to and from Victoria. Series: (VPRS 14; 7666; 7667; 7786); PROV (Public Record Office Victoria), 6 151. Also sailing are: Hannah (Age 18) ; Mary (Age 8) ; Dennis (Age 2) ;.
  3. [S14] Newspaper - The West Australian (Perth, WA), 7 Feb 1918, p1.
  4. [S17] Newspaper - The Sydney Morning Herald (NSW), 7 Feb 1918, p6.
Last Edited16 Nov 2017

Alfred James Horner

M, #5288, b. 1856, d. 23 Nov 1918
Father*James Hasler Horner b. 6 Feb 1831, d. 2 May 1883
Mother*Jane Peele b. 1835, d. 5 Feb 1918
Birth*1856 Geelong, VIC, Australia, #B12966.1 
Land-UBeac*13 Nov 1877Selection: GEM-C-9. 19a 1r 24p - Land File 400/49. originally selected by A. J. HORNER but crown grant to J. H. HORNER on 14 Jan 1879.2,3 
Land-UBeac*b 14 Jan 1879 GEM-C-9. Transfer from Alfred James Horner to James Hasler Horner. 19a 1r 24p - Land File 400/49. Originally selected by A. J. HORNER but crown grant to J. H. HORNER on 14 Jan 1879.2,3 
Marriage-Notice*13 Mar 1908 HORNER—M'ILDOWNEY.—On February 13, 1908, at St. Mary's Church, Colin-street, West Perth, W.A., by the Rev. Edward Makeham, Alfred James, eldest son of Mrs. James Hasler Horner, "Tranmere," Ventnor-avenue, West Perth, to Margaret Helen, fourth daughter of Bernard M'Ildowney, Esq., of "Arranmore," South Beach, Williamstown, Victoria.4 
Death*23 Nov 1918 Sydney, NSW, Australia. 
Death-Notice*13 Dec 1918 HORNER - On November 23, at Sydney New South Wales, after a painful illness, Alfred James eldest son of the late James Hasler and Jane Horner and formerly senior partner of Messrs. Horner and Horner, Fire Assessors, Perth.5 

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  2. [S194] Newspaper - Victoria Government Gazette Victorian Government Gazette indicates that land originally selected by Alfred J HORNER. License 400/49, with remark "land sold" - not open for selection.
  3. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5357/P0000/3849     400/49 ALFRED JAMES HORNER GEMBROOK 9 C 19--1--24 1877 - 1879.
  4. [S14] Newspaper - The Daily News (Perth, WA), Fri 13 Mar 1908, p3.
  5. [S14] Newspaper - Western Mail (Perth, WA), 13 Dec 1918, p26.
Last Edited16 Nov 2017

Henry Peele Horner

M, #5289, b. 23 Aug 1858, d. 6 Aug 1878
Father*James Hasler Horner b. 6 Feb 1831, d. 2 May 1883
Mother*Jane Peele b. 1835, d. 5 Feb 1918
Birth*23 Aug 1858 Geelong, VIC, Australia, #B12501.1
Land-UBeac*13 Nov 1877Selection: GEM-C-10. 20a 0r 0p - Land File 49/401. Originally selected by H. P. HORNER, but crown grant to J. H. HORNER on 14 Jan 1879.2 
Death*6 Aug 1878 Mitchell Downs, QLD, Australia.3 
Death-Notice7 Aug 1878 HORNER.—On the 6th inst, accidentally killed on horseback, at Mitchell Downs Station, Queensland, aged 20, Henry Peele, second son of James Hasler and Jane Horner, of St. Kilda, formerly of Hamilton, Victoria.3 
Death-Notice*24 Aug 1878 HORNER. -On the 6th August, at Mitchell Downs, by concussion of the brain caused by a horse running him against a tree, Harry P. Horner, of Melbourne, aged 17 years.4 
Land-UBeac*a 24 Aug 1878 GEM-C-10. Transfer from Henry Peele Horner to James Hasler Horner. 20a 0r 0p - Land File 49/401. Originally selected by H. P. HORNER, but crown grant to J. H. HORNER on 14 Jan 1879.5,2 

Grave

  • Church of England 090/092, St Kilda Cemetery, St Kilda, VIC, Australia, James Hasler HORNER, born at Liverpool 6.2.1831, died Melbourne 2 May 1883
    also Arabella Jane HORNER, born 17.6.1855, d. 3 Feb 1856
    Henry Peel HORNER, b 23.8.1858, d. 7 Aug 1878
    Grace Emily HORNER, b 24.5.1862, d. 24 Jul 1862
    Frank Dugdale HORNER, b. 28.7.1863, d. 6 Mar 1876
    Blanche Palmer HORNER, b. 1.4.1874, d. 22 Apr 1875
    George Peel HORNER, b 7.8.1879, d. 13 Mar 18816

Newspaper-Articles

  • 10 Aug 1878: Mr. Harry P. Horner, son of James Horner, Esq., of Melbourne, while riding through lightly-timbered country in company with Mr. R. W. Stuart, Mr. R. S. Wakley, and others, after a kangaroo, pulled his horse against a tree ; the horse came down, and the unfortunate young gentleman was killed instantly. His head came in contact with the tree, (a small myall) and a terrible wound, laying bare the skull for some inches, was inflicted on the right side, the skull itself being cracked. The deceased neither spoke nor breathed, nor gave the smallest symptoms of life after the fall. He was buried in the Mitchell cemetery, a somewhat numerons assemblage following him to his grave, and deploring the appalling accident that happened to the young man, who, through his kind and gentle bearing, had made friends of all around him, although he had only been in this neighbourhood for a short time.7
  • 10 Aug 1878: Intelligence has been received that Henry Horner, a young gentleman acquiring colonial experience at Mitchell Downs Station, whilst riding, was dashed against a tree and killed instantly. He never breathed after the collision.8

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  2. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 439/P0000/250 49/401 GEMBROOK APP 20--0--0 1872 - 1879.
  3. [S11] Newspaper - The Argus (Melbourne, Vic.), 7 Aug 1878, p1.
  4. [S14] Newspaper - The Queenslander (Brisbane, Qld.), 24 Aug 1878, p641.
  5. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1098-552 - James Hasler Horner of Melbourne.
  6. [S48] Index of burials in the cemetery of St Kilda,.
  7. [S14] Newspaper - Western Star and Roma Advertiser (Toowoomba, Qld.), 10 Aug 1878, p3
    [from an occasional correspondent.].
  8. [S14] Newspaper - Morning Bulletin (Rockhampton, Qld.), 10 Aug 1878, p2.
Last Edited7 Oct 2017

Alice Maude Horner

F, #5290, b. 1860, d. 8 Oct 1946
Father*James Hasler Horner b. 6 Feb 1831, d. 2 May 1883
Mother*Jane Peele b. 1835, d. 5 Feb 1918
Birth*1860 Melbourne, VIC, Australia, #B6402.1 
Land-UBeac*b 1880 PAK-221. Transfer from John Stewart to Alice Maude Horner. 19a 2r 29p - No Land File. Govt Land Sale 5254 6 Jan 1880. Upset price £1/ac, valued £63 6s. Originally selected by J STEWART (1877 map), then selected by A. M. HORNER (1880 map). Crown Grant to J H HORNER.2 
Land-UBeac*b 6 Jan 1880 PAK-221. Transfer from Alice Maude Horner to James Hasler Horner. 19a 0r 28p - No Land File. Govt Land Sale 5254 6 Jan 1880. Upset price £1/ac, valued £63 6s. Originally selected by J STEWART (1877 map), then selected by A. M. HORNER (1880 map). Crown Grant to J H HORNER.2 
Death*8 Oct 1946 Manly, NSW, Australia, #D28738 - as HORNER.3 
Death-Notice*9 Oct 1946 HORNER. October 8, Alice Maude, eldest daughter of the late J H Horner, St Kilda, Melbourne. Privately cremated.4 

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  2. [S185] Property Titles ; PROV (Public Record Office Victoria), C/T 1164-607 - James Hasler Horner of Melbourne.
  3. [S7] Registry of NSW Births Deaths and Marriages.
  4. [S17] Newspaper - The Sydney Morning Herald (NSW), 9 Oct 1946, p24.
Last Edited17 Sep 2017

William Weston Fentiman

M, #5301, b. 1832, d. 25 Jan 1880
Probate (Will)* Wm. W. Fentiman. Ship Captain. Prahran. 25 Jan 1880. 21/021.1 
Birth*1832 Northamptonshire, England.2 
Land-UBeac*a Oct 1879 GEM-C-16. Transfer from Andrew Gilmore to William Weston Fentiman. 19a 3p 33r - Originally selected by A. GILMORE, then by Capt FENTIMAN, but Crown Grant to R. S. SMYTHE on 18 May 1880. Govt Land Sale 5333 upset £1/ac valuation £31.3 
Land-UBeac*b Jan 1880 GEM-C-16. Transfer from William Weston Fentiman to Robert Sparrow Smythe. 19a 3r 33p - Crown Grant issued to R. S. SMYTHE on 18 May 1880. Govt Land Sale 5333 upset £1/ac valuation £31.3 
Death*25 Jan 1880 VIC, Australia, #D2338 (Age 48) [par unknown].2 
Death-Notice*26 Jan 1880 Captain Fentiman, of the R.M.S. M.S. Tanjore, died to-day from abscess of the liver, aged 48 years.4 
Death-Notice26 Jan 1880 Captain Fentiman, of the P. and O. service, died today in Fulton's hydropathic establishment.5 
Death-Notice26 Jan 1880 FENTIMAN -On the 25th inst, W. W. Fentiman, late commander R.M.S. Tanjore, aged 48.6 
Death-Notice27 Jan 1880 THE Friends of the late Captain W. W. FENTIMAN (late of the P. and O. steamer Tanjore) are informed that his funeral will take place THIS DAY (Tuesday morn).
Service will commence at 10 o'clock at All Saints' Church, Chapel-street, St. Kilda, after which the remains will be conducted to the place of interment in the St. Kilda Cemetery.
ALF. AUG. SLEIGHT, undertaker, No. 83 Collins street east, and High-street, St, Kilda.7 

Grave

  • Church of England Grave 1110, St Kilda Cemetery, St Kilda, VIC, Australia, William Weston FENTIMAN, Commander Peninsular & Oriental Steam Navigation Company, late of Thrapston, Northamptonshire, England, died 25 Jan 1880, aged 48 years8

Newspaper-Articles

  • 27 Dec 1879: In consequence of the continued illness of Captain Fentiman, who was seriously indisposed when the Tanjore arrived, she will leave here under the command of Captain W. D. Mudie, who was chief officer with Captain Fentiman.9
  • 29 Dec 1879: Captain Fentiman, of the Tanjore, is too ill to leave, and Mr. Mudie is in command.10
  • 28 Jan 1880: The remains of Captain Fentiman were interred to-day. A large number of sea men from the steamer Avoca attended.11
  • 28 Jan 1880: Death of Capt. Fentiman. — We mentioned in a recent issue that in consequence of the illness of Capt. Fentiman, the R.M.S. Tanjore, on her last voyage to Galle, left Melbourne in command of her chief officer, Mr. Mudie. Capt. Fentiman had been in ill-health for some time ; consequently his death will not be altogether unexpected. There are many residents in this colony who, having had the good fortune to travel with Capt. Fentiman in the beautiful steamer to whose command he was entrusted, will long recall the extreme courtesy and goodwill manifested by him at all times to those around him.12
  • 31 Jan 1880: Fentiman.— On the 25th inst., W. W. Fentiman, late commander R.M.S. Tanjore, aged 48.13

Citations

  1. [S35] Probate Records, PROV (Public Record Office Victoria), VPRS 28/P0, unit 242; VPRS 28/P2, unit 108; VPRS 7591/P2, unit 58.
  2. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  3. [S81] Land Records & Parish Maps ; PROV (Public Record Office Victoria). VPRS 5357/P0000/3904
    1622/49 WILLIAM W. FENTIMAN GEMBROOK 16 19--3--33. 1877 - 1880.
  4. [S14] Newspaper - Bendigo Advertiser (Vic.), 26 Jan 1880, p2.
  5. [S17] Newspaper - The Sydney Morning Herald (NSW), 26 Jan 1880, p5.
  6. [S11] Newspaper - The Argus (Melbourne, Vic.), 26 Jan 1880, p1.
  7. [S11] Newspaper - The Argus (Melbourne, Vic.), 27 Jan 1880, p8.
  8. [S48] Index of burials in the cemetery of St Kilda,.
  9. [S14] Newspaper - The South Australian Advertiser (Adelaide, SA), 27 Dec 1879, p5.
  10. [S14] Newspaper - The South Australian Advertiser (Adelaide, SA), 29 Dec 1879, p5.
  11. [S14] Newspaper - Gippsland Times (Vic.), 28 Jan 1880, p3.
  12. [S14] Newspaper - The Inquirer & Commercial News (Perth, WA), 28 Jan 1880, p2.
  13. [S14] Newspaper - The Australasian Sketcher with Pen and Pencil (Melbourne, Vic.), 31 Jan 1880, p186.
Last Edited18 Oct 2020

Elizabeth Johnstone

F, #5302, b. 1831, d. 29 Nov 1924
Married NameBarclay. 
Birth*1831 Ireland.1 
Marriage* Spouse: James Barclay.
 
(Migrant) Migration/TravelSep 1857 Sailing with James Barclay, Johnstone Blanco Barclay, James "Millar" Barclay to Portland, VIC, Australia. Ship British Empire
Age 23.2 
Widow1917Elizabeth Johnstone became a widow upon the death of her husband James Barclay.3 
Death*29 Nov 1924 Armadale, VIC, Australia, #D12707 (Age 92) [par unknown].4 
Death-Notice*3 Dec 1924 BARCLAY.—On the 29th November, at Tyanee, 7 Chomley street, Windsor, Elizabeth, relict of the late James Barclay, in her 93rd year. (Privately interred 1st December.)
The long day closed, the new dawn arose.5 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
1914Tyance, Chomley Street, Windsor, VIC, AustraliaOccupation: home duties. With Esther (home duties), James Millar (bootmaker), Samuel (teacher); Thomas (tramway employee).6

Family

 James Barclay b. abt 1828, d. 1917
Children 1.James "Millar" Barclay b. 1856
 2.Johnstone Blanco Barclay+ b. 1857, d. 7 Oct 1920
 3.John Barclay+ b. 1859, d. Mar 1930

Newspaper-Articles

  • 20 Jul 1943: BARCLAY....On July 17, at Fairfield, Esther, beloved daughter of the late James and Elizabeth Barclay, sister of the late Millar, Johnston, John, Thomas, Samuel, Henry, Mary, Margaret. At Rest. (Privately interred, Melbourne Cemetery, July 19.) James Barclay7

Citations

  1. [S5] Registry of Births Deaths and Marriages Death Index Victoria 1921-1985 "calculated from death."
  2. [S36] Inward & outward passenger lists to and from Victoria. Series: (VPRS 14; 7666; 7667; 7786); PROV (Public Record Office Victoria), 12 399.
  3. [S4] Registry of Births Deaths and Marriages Great War Index Victoria 1914-1920.
  4. [S5] Registry of Births Deaths and Marriages Death Index Victoria 1921-1985.
  5. [S11] Newspaper - The Argus (Melbourne, Vic.), 3 Dec 1924, p11.
  6. [S114] Electoral Roll for Australia, 1914.
  7. [S11] Newspaper - The Argus (Melbourne, Vic.), 20 July 1943.
Last Edited7 Feb 2019

Johnstone Blanco Barclay

M, #5304, b. 1857, d. 7 Oct 1920
Father*James Barclay b. abt 1828, d. 1917
Mother*Elizabeth Johnstone b. 1831, d. 29 Nov 1924
Birth*1857 Cape Blanco, At Sea, #B11350 (reg. Portland.)1 
(Migrant) Migration/TravelSep 1857 Sailing with James Barclay, Elizabeth Barclay, James "Millar" Barclay to Portland, VIC, Australia. Ship British Empire
Age - (no name given.)2 
Marriage*1892 Spouse: Betsy Smith. VIC, Australia, #M7264.3
 
Death*7 Oct 1920 Upper Beaconsfield, VIC, Australia, #D13245 (age 67) [par James BARCLAY & Elizabeth JOHNSTONE] (reg. Berwick.)4 
Death-Notice9 Oct 1920 BARCLAY.—On the 7th October (suddenly), at Upper Beaconsfield, Johnstone, the dearly beloved husband of Betsy Barclay, "Almora," Bishop-street, West Footscray, loved father of Albert and John, ex senior constable of police, aged 63 years.5 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
1909Bacchus Marsh, VIC, AustraliaOccupation: senior constable. With Betsy Barclay.6
bt 1914 - 1919Bishop Street, Footscray, VIC, AustraliaWith Betsy Barclay. With Albert Johnstone Barclay.6

Grave

  • Footscray Cemetery, Footscray, VIC, Australia7

Newspaper-Articles

  • 7 Oct 1921: BARCLAY.—In loving memory of my dear husband and our dear father, Johnstone Barclay, ex senior-constable of police, who died at Upper Beaconsfield, on October 7, 1920.
    To-day brings, back sad memories
    Of one we loved so dear.
    (Inserted by his loving wife and sons, Albert and John, also his sincere friend, I. Crilley.)8

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "as Johnson Blanes BARCLAY [par James BARCLAY & Elizabeth BARCLAY]."
  2. [S36] Inward & outward passenger lists to and from Victoria. Series: (VPRS 14; 7666; 7667; 7786); PROV (Public Record Office Victoria), 12 399.
  3. [S2] Registry of Births Deaths and Marriages Federation Index Victoria 1889-1901.
  4. [S4] Registry of Births Deaths and Marriages Great War Index Victoria 1914-1920.
  5. [S16] Newspaper - The Age (Melbourne, Vic.), Sat 9 Oct 1920, p5
    https://trove.nla.gov.au/newspaper/article/206936894
  6. [S101] Electoral Roll for Australia, 1903 - 1980.
  7. [S50] Miscellaneous Source, http://www.australiancemeteries.com/vic/maribymong/…
  8. [S11] Newspaper - The Argus (Melbourne, Vic.), 7 Oct 1921, p1.
Last Edited7 Feb 2019

Betsy Smith

F, #5305, b. 1866, d. 21 Feb 1947
Married NameBarclay.1 
Birth*1866 Cudgee, NSW, Australia. 
Marriage*1892 Spouse: Johnstone Blanco Barclay. VIC, Australia, #M7264.1
 
Widow7 Oct 1920Betsy Smith became a widow upon the death of her husband Johnstone Blanco Barclay.2 
Death*21 Feb 1947 Williamstown, VIC, Australia, #D2110 (Age 81) [par Henry SMITH & Margaret O'Leary].3 
Death-Notice*22 Feb 1947 BARCLAY.—On February 21, at Williamstown Hospital, Betsy Barclay, of 179 Williamstown road, Yarraville, the dearly beloved wife of the late Johnston Barclay, loving mother of Albert (deceased), and John, loved mother-in-law of Nell and Dorothy and devoted grandma of Joyce, Beryl, Valerie, and Joan, and John and Graham, aged 81 years.-At rest.
BARCLAY.—The Funeral of the late Mrs. BETSY BARCLAY, of 179 Williamstown road. Yarraville, will leave Nelson Bros. chapel, 7 Droop street, Footscray. THIS DAY (Saturday), at 10.50 a.m., for the Footscray Cemetery.
NELSON BROS., Footscray. MW1301.4 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
1909Bacchus Marsh, VIC, AustraliaOccupation: home duties. With Johnstone Blanco Barclay.5
bt 1914 - 1919Bishop Street, Footscray, VIC, AustraliaOccupation: home duties. With Johnstone Blanco Barclay. With Albert Johnstone Barclay.5

Grave

  • Footscray Cemetery, Footscray, VIC, Australia6

Citations

  1. [S2] Registry of Births Deaths and Marriages Federation Index Victoria 1889-1901.
  2. [S4] Registry of Births Deaths and Marriages Great War Index Victoria 1914-1920.
  3. [S5] Registry of Births Deaths and Marriages Death Index Victoria 1921-1985.
  4. [S11] Newspaper - The Argus (Melbourne, Vic.), 22 Feb 1947, p18.
  5. [S101] Electoral Roll for Australia, 1903 - 1980.
  6. [S50] Miscellaneous Source, http://www.australiancemeteries.com/vic/maribymong/…
Last Edited7 Feb 2019

John Webber

M, #5307, b. 1 Nov 1884
Birth*1 Nov 1884 SA, Australia, possible birth: #B405/337 Adelaide [par Alfred WEBBER & Alice Maud Mary WILLIAMS]
Baptism 7 Dec 1884 St Oswald's, Parkside, South Australia.1,2,3,4 
Marriage*28 Jun 1910 Spouse: Elizabeth Ann Barclay. Waroonga, Upper Beaconsfield, VIC, Australia, #M4838.5,6
 
Marriage-Notice*2 Jan 1911 WEBBER - BARCLAY. - on the 28th June, 1910, at the residence of the bride's parents, Waroonga, Upper Beaconsfield, by the Rev. James Wilson, John Webber, youngest son of Alfred Webber, late of Henry-street, Windsor, to Elizabeth Ann, only daughter of John Barclay, late of High-street, St. Kilda.6 
Note*1914 In 1914 John's parents Alfred & Elizabeth WEBBER are living at this Hobart address. machinist.7 
Military*30 Sep 1939Enlisted for military service: Adelaide, SA, Australia, Australian Army - Service Number S212305 - Citizen Military Forces - Discharged 3 Jun 1943 - Private 25 Employment Company.8 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
19097 Henry Street, Prahran, VIC, AustraliaOccupation: driver.9

Family

 Elizabeth Ann Barclay b. 1885, d. 9 Apr 1911
Child 1.Dora Elizabeth Barclay Webber b. 22 Mar 1911

Newspaper-Articles

  • 23 Jun 1904: possible match: Deserters from H.M. Service
    John Webber is a straggler from H.M.S. Katoomba, Port Melbourne, on the 20th inst. Description :—Seaman, 20 years of age, 5 feet 4 inches high, brown hair, brown eyes, fresh complexion, scar on knee-cap of left leg. His last address was—c/o J. Gladston, bag manufacturer, Lonsdale-street, Melbourne. £1 reward for arrest.—O.4976A. 22nd June, 1904.10
  • 23 Mar 1905: possible match: John Webber is charged, on warrant, with deserting H.M.S. Katoomba, at Fremantle, on the 28th ult. Description :—Native of Adelaide, seaman, 21 years of age, 5 feet inches high, brown hair, brown eyes, fresh complexion, scar on knee-cap of left leg. £3 rewards— O.1934A. 17th March, 1905.11

Citations

  1. [S63] South Australian Government. BDM Index South Australia "this is a possible birth, as father matches. However, by 1909 the father was married to a woman called Elizabeth. An ancestry family tree (grogan Family Tree - Owner: annjam2) suggests that Alfred WEBBER separated from his first wife and remarried."
  2. [S65] Ancestry - various indices.
  3. [S80] Ancestry - Family Tree, Plunkett Peterson family tree (craigplunkett1964) Alfred Webber Marriage 26/1/1895 • fitzroy vic to Elizabeth Magee (1864–1961).
  4. [S27] Victorian Government. BDM Index Victoria (Marriages) (online) "#M1216/1895 - Alfred WEBBER & Eliz McGEE."
  5. [S3] Registry of Births Deaths and Marriages Edwardian Index Victoria 1902-1913 "John Webber's place of birth SA."
  6. [S11] Newspaper - The Argus (Melbourne, Vic.), 2 Jan 1911, p1.
  7. [S114] Electoral Roll for Australia, 1914.
  8. [S30] World War Two Nominal Roll https://nominal-rolls.dva.gov.au/
    Date of Birth 1 Nov 1884 - ADELAIDE, SA, Locality on Enlistment REDFERN, SA; Next of Kin WEBBER, MARY.
  9. [S109] Electoral Roll for Australia, 1909 "with his parents Alfred WEBBER, machinist & Elizabeth WEBBER, home duties."
  10. [S14] Newspaper - Victoria Police Gazette (Melbourne, Vic.), 23 Jun 1904, p307.
  11. [S14] Newspaper - Victoria Police Gazette (Melbourne, Vic.), 23 Mar 1905, p138.
Last Edited7 Feb 2019

James "Millar" Barclay

M, #5308, b. 1856
Father*James Barclay b. abt 1828, d. 1917
Mother*Elizabeth Johnstone b. 1831, d. 29 Nov 1924
Birth*1856 Donegal, Ireland. 
(Migrant) Migration/TravelSep 1857 Sailing with James Barclay, Elizabeth Barclay, Johnstone Blanco Barclay to Portland, VIC, Australia. Ship British Empire
Age 0 (as James.)1 

Citations

  1. [S36] Inward & outward passenger lists to and from Victoria. Series: (VPRS 14; 7666; 7667; 7786); PROV (Public Record Office Victoria), 12 399.
Last Edited7 Feb 2019
 

NOTE

Some family sections show only the children who were associated with Upper Beaconsfield.

Some individuals may be featured because members of their family were associated with the Upper Beaconsfield area, even though they themselves never lived here.