1.1.
John Browne,[3,7,9,36,64,65,69] (s/o William Browne)
born 1788/[1,2,3,5,6,47]1790,[1,4] Carrickbeg, Co Waterford,
Ireland.[1,2,5,6,47,125] {All
records refer to John being from Carrick-on-Suir, Co
Waterford.[1,2,5,6,47] Carrick-on-Suir actually lies in Co Tipperary on
the northern bank of the River Suir, which forms the border between the
two counties. Directly across the river from Carrick-on-Suir lies the
smaller village of Carrickbeg in Co Waterford. Carrickbeg is often
informally referred to as "Carrick-on-Suir, Co Waterford"}
Died 9/7/1835,[1,2,6,10,47] Narellan, Upper Minto district, NSW,
Australia.[1,2,6,47] Cause
of death is unknown, however many who worked on the Western Road
convict gangs, including John, received early pardons because of ill
health as a result of the road work.[1] Buried St John the
Evangelist Graveyard (Roman Catholic), cnr George & Broughton
Streets, Campbelltown, NSW, Australia, along with his wife and several
of his grandchildren.[1,10] His gravestone reads: "Gloria in
Excelsis Dio/In Memory of/John Brown who/departed this life/June 9th
1835/Aged 40 years/Leaving a wife and four/Children to lament his
loss."[10,48] John's will, dated 8/7/1835, the day before he
died, named his wife, Ann, and Father John Joseph Therry as joint
executors,[1,5,6] dividing most of his estate between his son &
adopted son, with some provision for his two daughters, with full
control of his estate to remain with his widow until her death after
which his children would inherit.[1,5,6]
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"Will of John Brown of Upper Minto.
In the name of God, Amen.
I
John Brown in the territory of New South Wales, in the District of
Upper Minto, in
the County of Cumberland, being weak of Body, but of perfect
sound
mind and memory, thanks be given unto God. Calling unto God the
mortality of my Body, and knowing that it is appointed unto all men
once to die, do make and ordain this my last Will
and Testament,
that is to say, principally and first of all, I give and recommend my
soul unto the Hand of Almighty God that gave it, and
my Body
I
recommend to the Earth, to be buried, in decent Christian Burial
at the discretion of my Executors nothing doubting but at the
General resurrection, I shall receive the same again by the
mighty
power of God. And as touching such worldly Estates wherewith it hath
pleased God to bless me in this Life. I give, devise, and
bequeath,
of the same in the following manner and form. First I do hereby
give, grant, and bequeath, to my son William Brown, forty acres of Land
situate in the Parish of Liberty Plain, in the county of
Cumberland, bounded on the East by a line north, thirty three chains
commencing at Whalans south-west corner, on the north by a line west,
twelve chains eighty links, on the west by a line south, thirty three
chains, and on the south by the Liverpool Road, being the Land
described as No. fifteen, in Government Notice. I also further give,
grant and bequest to my said son William Brown, an allotment of land,
situate in the township of Campbell Town, being in quantity, two roods
and seventeen perches. And I likewise give, grant and bequeath to my
son Samuel Brown, half an acre of Land, with four Rods in
frontage, commencing at Mr Mowatts north-west corner and likewise a
small Brick House built thereupon - out of the purchase I
bought
from
William Howe Esq. and now known as a Public House by the sign of the
Currency Lass, the remaining part of the Land, with House,
Outhouses, Gardens, Tenements and everything thereunto belonging, the
said purchase situate on
the Cowpasture Road with a frontage of twelve Rods, by Erksdale on the
east, one hundred and thirty three Rods and half and by Mowatts Farm
the same length I do give, devise and bequeath to my two daughters,
mary Ann Brown, and Margaret Brown, with all right, tithe and interest
thereunto belonging, to have and to hold, to them and their Heirs for
ever. And I do further give, grant and bequeath to my son Samuel Brown
thirty acres of Land, situate in the County of Camden, in the
District of West
Bargo, granted to me by Sir Thomas Brisbane, and which is now
fully explained in the Deeds. The said land to
have and hold by him and his heirs for ever. And I do further, by the
true, intent and meaning, to this my last will and testament bind, my
son William Brown, and my son, Samuel brown, and likewise my two
daughters Mary Ann, and Margaret, no to sell, mortgage, or dispose of
any of the abovementioned lands or tenements, which I have given to
them and their Heirs soley.
And I
do hereby appoint John Joseph Therry and my wife Ann Brown to be
executors to this my last will and testament, and I do hereby utterly
revoke, disannull, all and every other former testament, wills legacies
bequests, and executors, by me in any way before named, willed and
bequeathed, notifying and confirming this and no other to be my last
will and testament. In witness whereof I have this eighth day of July,
in the year of our Lord one thousand eight hundred and thirty five set
my hand and seal. John Brown X (his mark).
Signed,
sealed, published, pronounced, and declared by me, as my last will and
testament, in presence of us, who in his presence and in the presence
of each other, have hereunto subscribed our names - Edwd Brown
&
Edwd Finnell (both signed).
Be it known by the true intent and
meaning of this, my will and testament, that my wife, Ann Brown, and
joint executrix shall have the sole management, benefit, and enjoyment
of all Lands, Houses, and other Property belonging to and willed by me
to my Children as long as it may please God to let her live in this
world, and when deceased, to be truly given according to the
abovementioned will and testament, and not until then. (signed) John
Brown 'X' (his mark). Witnesses Edwd Brown & Edward
Fennell."[2,6,31] |
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{Edward Brown was a
blacksmith, transported to Sydney, NSW 1823 on the 'Recovery', tried
Dublin & given a life sentence. Like John he was a Catholic. His
Ticket of Leave, dated 1833, states he was a native of Dublin. He was
employed by William Mannix of Upper Minto from 1823 to at least 1833.
Edward moved to Albury, NSW, in the late 1830s - his son, Robert, was
one of the first settlers in Albury in 1836.[155]} Probate was granted 31/12/1835 to Ann Brown, Father Therry having
renounced his co-executorship.[2,5,6] John's
estate consisted of 30 acres at West Bargo, 40 acres at Liberty Plains
(Yagoona), a town allotment in Campbelltown and 10 acres facing the
Cowpastures Road at Upper Minto on which stood the Currency
Lass.[2,6,31]
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"In the Supreme Court of NSW,
Ecclesiastical Jurisdiction
In the will of John Brown late of Upper Minto in the Colony of New
South Wales farmer deceased.
Appearing
personally Ann brown of Upper Minto in the Colony of New South Wales
widow who being duly sworn upon the Holy Evangelists of Almighty God
makes oath and says that she believes the annexed paper writing to
contain the last will and testament of the above named John Brown
deceased that she will pay all the debts and legacies of the said
deceased as far as the goods chattels credits and effects of the said
deceased shall extend and the law bring her and that she will exhibit a
true and perfect inventory of all and every the goods rights and
credits of the said deceased together with a just and true account
thereof into the Registry of this Court when she shall be lawfully
called therewith and that she believes the said goods chattels credits
and effects do not exceed the value of one hundred pounds.
Sworn
before me this thirty first day of December AD 1835 having been just
read (signed) John Grimes. (also signed) X (Ann Brown, her mark)
In the Supreme Court of NSW, Ecclesiastical Jurisdiction
In the will of John Brown late of Upper Minto in the Colony of New
South Wales farmer deceased.
Appeared
personally John Joseph Therry of Campbell Town in the Colony of New
South Wales Roman Catholic Chaplain one of the executors named in the
late will and testament of John Brown late of Upper Minto farmer
deceased and renounced for ever the due execution of the said will.
Dated this thirty first day of December in the year of our Lord one
thousand eight hundred and thirty [five - omitted]. (signed) John
Joseph Therry
In the Supreme Court of NSW, Ecclesiastical Jurisdiction
In the will of John Brown late of Upper Minto in the Colony of New
South Wales farmer deceased.
Appearing
personally John Joseph Therry of Campbell Town in the Colony of New
South Wales Roman Catholic Chaplain one of the executors named in the
late will and testament of John Brown late of Upper Minto farmer
deceased and being duly sworn upon the Holy Evangelists of Almighty God
makes oath and says that he has never intermeddled with the effects of
the said John Brown deceased and will not intermeddle herewith with a
view of defrauding the creditors of the said John brown deceased.
Sworn before me this thirty first day of December AD 1835 at my offices
(signed) John Grimes. (Also signed) John Joseph Therry
In the Supreme Court of NSW, Ecclesiastical Jurisdiction
In the will of John Brown late of Upper Minto in the Colony of New
South Wales farmer deceased.
Appearing
personally Edward Brown of the Stonequarry Creek in the County of
Camden and the Colony of New South Wales Blacksmith and being duly
sworn upon the Holy Evangelists of Almighty God makes oath and says
that he was present and did see the above named John Brown in his life
time that is to say on the eighth day of July in the Year of Our Lord
one thousand eight hundred and thirty five put his mark to and declare
the annexed paper writing beginning with the words "In the name of God"
and ending with the words "set my hand and seal" as and for
his last
will and testament and deponent saith that the names "Edwd brown" and
"Edwd Fennell" subscribed as witnesses to the execution of the said
will are of this proper handwriting of this deponent and the said
Edward Fennell.
Sworn before me at my office this 27th day of May AD 1836 (signed)
George Burgess. (Also signed) Edwd Brown.
In the Supreme Court of NSW, Ecclesiastical Jurisdiction
In the will of John Brown late of Upper Minto in the Colony of New
South Wales farmer deceased.
Oath
of executrix. December 31st 1835 Probate granted to Ann Brown widow and
extrix / The Revd John Joseph Therry the executor having renounced /
Dated 2nd September 1836. (signed) John Grimes Nichols proctor."[31]
"Notice
is hereby given, that all Persons having any Claims on the effects of
the late John Browne, deceased, are requested to deliver their
respective Bills, and they will be settled by Anne Browne, wife of the
said John Browne, deceased; and all Persons owing any Debt or Money to
him, will have the goodness to pay their respective Bills without delay
to Anne Browne, who is Executrix to his last Will and Testament. Anne
Browne, Executrix. Currency Lass, Cowpasture-road, July 22, 1835."[149]
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Farm labourer, 1810.[72,124] Prisioner, 1811-1813.[72] Convict
labourer,
1813-1818.[1,2,5,6,9,12,46,109,110] Labourer
(freeman), 1819.[1,2,5,6] Labourer, Government Road, Wilberforce, NSW,
1820.[2,6] Farmer, 1822-1830.[1] Inn keeper, 1831-1835.[1,6]
On
11/2/1811 John, along with Maurice Quan, Thomas Dwyer, Thomas Welan and
John Welan appeared in court as part of the 'Trials of the Caravats and
Shanavests', part of a Special Commission being held by the
Right
Honourable John Lord Norbury, Lord Chief Justice of the Common Pleas,
& the the Right Honourable Standish O'Grady, Lord Chief Baron
of
the Exchequer of Ireland, with a grand jury consisting of John Bagwell,
Esq (foreman), Baronet Sir J. C. Carden, Stephen Moore, John
Palliser, Samuel Perry, Samuel Jacob, William Baker, Henry Langley,
Thomas Going, Richard Creagh, Robert Cooke, Thomas Pendergast, Nath.
Taylor, Denis O'Maher, John Roe, John Lawlor, Andrew Ryan, Oliver
Leatham, Henry White, P. A. Butler, J. P. Roe, William Despard Esq.
& B. B. Bradshaw Esq.[72] The group were charged with armed
robbery
and belonging to the
outlawed grain-tax protest group "Caravats" (as per 'Waterford
Chronicle', 1812),[2,5,72] sometimes spelt "Caravests".[5,72] {Only one Shanavast was found
guilty during the trials overseen by Norbury & O'Grady,[132]
which precludes John from having been a Shanavast since he was part of
a gang, all of whom were found guilty. See also note [104]}
The
five
appeared in three separate trials, all on the same day: John Brown
& Maurice Quan were tried in one case, Dwyer was tried
by
himself and the two Phelan brothers were tried in the final case.[72] {The
trials were almost certainly either held at the Carrickbeg Courthouse
or the Carrick-on-Suir Courthouse - within weeks of the trial one of
the gang had been executed on Carrick Bridge}
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John Brown & Maurice Quan
were indicted for the offence of burglary
and robbery, in the dwelling-house of Patrick Power, Esq., at
Turhallow [Tinhalla], on the 19th of January, 1810.
Pierce Kavanagh sworn - examined by the Solicitor General. Whose
servant are you? - Mr Patrick Power's.
Do
you recollect any thing happening in his house, in January last? - Yes,
at about six or seven o'clock in the afternoon; it was not day-light;
Mr Power was in Waterford. What happened? - About half-past seven
o'clock, four or five men came into the house, through the brewhouse
window; when the first man came in, he presented a gun, and he asked
for our young lady. I said she was in Cahir. He said I lied; I said I
would take my oath. Then one of the party desired me to follow him with
a candle. I found my master's desk was broke open when I went in. He
then desired me to go up stairs, and bring him a candle, which I did;
one of them took my master's gun, and he fired a shot out of the
window. When I came down stairs, he asked a glass; he opened the cellar
door, and took away some bottles of spirits, and he laid the candle at
the door, and then he went away; he took with him my master's gun; they
were about two hours and a half in the house. Turn round, and see if
you observe any persons in Court that were in your master's house that
night. - [Witness identified the prisoners] What are their names? -
Brown and Quan. I gave information on the Tuesday following. How did
you know these men? - I knew them from the time I came to the service:
they were all armed except for young Brown. I ask you again, have you
any doubt of the prisoners? - Not the least.
The Rev. Nicholas Herbert sworn - examined by Mr. Sergeant Moore.
Witness
said he was a magistrate, and that he took the information of the last
witness, that the country was in a disturbed state. When he came to
give information he said, Mr Herbert, I throw myself into your hands.
He appeared a little afraid; his informations corresponded with the
first account he gave of the transaction; witness took the informations
on that night, but he took them again next morning.
Patrick
Power, Esq. sworn - examined by Mr Prendergast. Do you know the
prisoners? - I know them both perfectly well. Did you lose any
property? - Yes, I was robbed. How long have you known the prisoner,
Quan? - He has been living on my grounds three years last March. Have
you had any quarrel respecting the land he held from you? - On the day
before the robbery there were potatoes on the ground for sale; but the
people of the country were afraid to buy; I had served the prisoner
Quan with notice to quit the land in September last; he refused to give
up the land.
Pierce Kavanagh called again. Did any of the
prisoners say anything about potatoes on the night of the robbery? -
Some of them on that night said, "he sold the potatoes; he has sold the
potatoes."
James Neal examined. Were you in Mr Power's house on
the night of the robbery? - I was; it happened between six and seven
o'clock; I was standing near the kitchen fire; the door was not
fastened. How did the men get in? - By the windows. The first man
demanded arms; they struck Kavanagh and me. What
did they do? - I can't tell, because I never stirred out of the
kitchen. I saw but one man; I saw no more of it; I heard a shot.
[Witness could not identify the prisoners]
Prisoners’ defence. Several witnesses were examined on part of each of
the prisoners to prove an alibi.
Lord
Norbury charged the jury, and made several observations on such parts
of the evidence as were material for their consideration. - Verdict,
GUILTY. The jury recommended the prisoner Brown to the mercy of the
court; and Quan received sentence of death.[72] |
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Thomas Dwyer & the Welan/Phelan/Whelan brothers all pleaded
guilty.[72] {Under
English law of the time a guilty plea meant the trial consisted only of
the sentencing and, as in the case below, any pontificating by those
involved & appeals for the court's mercy on the accused}
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Carrickbeg Courthouse,
Co Waterford
Photograph - Michael Kerwick, 2011
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Thomas Dwyer was given in charge to
the jury, and indicted for stealing arms.
MacNally,
as counsel for the prisoner, moved that he might be permitted to
withdraw his plea of not guilty, and to plead guilty. The Court, on
account of the prisoner's extreme youth, granted the motion.
Mr
Solicitor General - We call for judgement on this man. The Clerk of the
Crown, having again read the indictment to the prisoner, said, "what
have you to say why sentence of death, and execution thereupon, should
not be awarded you according to law? If you have any thing to say, the
Court will hear you; if not, hear the judgement of the Court."
Mr
MacNally - My lord, the prisoner has not any thing to urge in point of
law. He throws himself upon the Court, and hopes, from his penitence
and youth, that he may be recommended to mercy.
Mr Solicitor General - It is explicitly and distinctly understood that
no kind of compact whatever has been entered into.
Lord
Chief Baron - I feel, in common with every individual in the court,
most deeply shocked at the scene that has just now passed before our
eyes; and yet I am not very sure that great good may not flow from it;
for what must the general opinion now be among the infatuated wretches
who are disturbing the peace of the country, when it shall be known
that a youth of your tender age was brought out at midnight, to rob the
houses of inhabitants of their arms; you were not driven by want; you
were not driven by necessity, to commit that outrage; you were living
in a plentiful country, under a mild government, where the laws are
just, impartial, and leniently administered; it was not to satisfy your
wants, but your guilty desires, by robbing and plundering this house,
not of the valuable articles contained, but of arms and ammunition, in
order that you might be enabled to commit crimes. Your guilt has been
so flagrant; the case against you so manifest; the testimony of the
witness so irresistible, that those by whom you were advised, and
properly advised, have thought it better that you should plead guilty,
and throw yourself on the mercy of the crown, than to hear the same
verdict pronounced against you by the jury; and therefore it was, that
they thought it better for you to take your chance of having mercy
extended to you, than submit the case to the consideration of the jury.
I wish, Thomas Dwyer, that all the young people of the county, who have
been deluded by the banditti which infest it, would take warning by
your unhappy fate, and feel how impossible and fruitless it is for them
to persevere in their depredations and outrages with success - that
they would feel, that the peace of the country cannot be disturbed by
banditti with impunity. Can it be endured, that those persons who are
labouring by day, should be legislating by night? - that those who are
tilling the ground by day, should be enacting laws by night to govern
the country? - that they should presume, with impunity, to say, that
the man who has, by honest industry, raised a property for himself and
family, should not be allowed to enjoy it, but that it must be
regulated by men whose only authority is their guilt? Do you imagine,
that the laws will sleep, and permit those midnight banditti to enact
those flagitious laws, the system of which is, to disarm the gentlemen
of the country? I call upon you to have a due consideration on what you
may and can do, to recommend yourself as an object of compassion, to
make the discoveries which are in your power to make. you could not
have been one of the party without having been in their secrets. I call
on you, and the banditti by which this country is disturbed, and with
whom you are connected, to recollect that your fate may depend on your
conduct and their conduct; for, after the outrages that have been
committed, and have disgraced the country, the people that look for
mercy must be a peaceable and industrious unoffending people; and,
therefore, young as you are, it is out of the power of this court to
afford you any expectation of mercy, unless immediate and general
tranquillity be restored to the country, for mercy to an individual
under any other circumstances, would be cruelty to the country; and
therefore, if mercy is extended to you, it must be because you deserve
it.
His lordship then pronounced sentence of death.
Thomas Welan and John Welan were indicted for burglary and robbery.
By
advice of their counsel, Mr MacNally, who had a conference on the
subject with the solicitor-general, the prisoners withdrew their plea
of not guilty, and pleaded guilty.
The trials having been now ended,
the Solicitor-general addressed the Court as follows:- My Lord, your
lordship will permit me, as conducting, with the assistance of my
learned friends, the prosecutions at this special commission, to
address a few words to your lordships and the public. I shall
unquestionably have great satisfaction in forwarding - what I am sure
is the wish of the Court, and of every humane and feeling man that
hears me - a recommendation to his majesty's representative, to spare
the lives of the four convicts on whom sentence of death has been
passed, particularly the unfortunate youth, Thomas Dwyer. I wish it
should be publically known, that in doing so, I am very much influenced
by a conviction, that his crime, in a moral point of view, is to be
imputed to the influence of others. I am very much influenced by the
decent, penitent, and contrite feeling, which seems to have inspired
him in pleading guilty to the indictment; but I wish it to be known
explicitly, that I am more influenced by the humane interference of the
prosecutor's family, which now surround me. I do not believe that there
has ever been a more grievous instance of persecution, than the
prosecutor and his family have suffered from that atrocious banditti,
by which the country, and particularly that part of it, has been
infested. Mr Andrews, his wife, and son, all attend the Court this day,
as prosecutors, all of whom would have given most conclusive evidence
as to the guilt of the prisoner. Mr Andrews is an Englishman, who, in
despite of the outrages committed about him, and against him, has
remained firm and undaunted, in the middle of the most mountainous part
of the country; endeavouring to sustain the laws, and to introduce the
civilization of his own country into this unfortunate land. This has
not been the first nor second time he was marked for persecution.
Notwithstanding all, with tears in his eyes, he has supplicated for
mercy on behalf of the boy; I wish it to be known, that as it is owing
to his vigilance and to his courage that the prisoner has been brought
to justice; so it is owing to his humanity, that a reasonable hope can
be entertained of his life being saved; and therefore, I do trust, that
those ruffians by whom he has been assailed, will, instead of
persevering in their associations against him, hail him as their
benefactor, and remember that it is as much the effect of
those
laws by which the country is governed, to hold forth mercy, as to bring
the guilty to justice. All those circumstances will recommend Dwyer so
far as to save his life. It will be for the consideration of his
majesty's representative to say, whether it will be safe to suffer so
profligate a youth to remain in the country. But I wish it to be
distinctly known in the country, that my interference and that of my
colleagues (I do not know whether my language in intelligible, or if I
am understood by them, I hope some of the gentlemen of the country that
understand the two languages, will explain it to the people) that the
recommendation for mercy, to be extended towards the prisoner shall be
on this condition - that if that part of the country should remain
tranquil; if Mr Andrews, his wife, and family shall remain unmolested,
and an end put to the plundering of arms; and if the arms lately taken
by the banditti shall be restored, and the face of the country
tranquil, his life shall be safe. His life hangs upon that thread; for,
on the first appearance of any outrage in that neighbourhood, in
forty-eight hours after it is known, it shall be my recommendation to
send that boy out to instant execution. Let it, therefore, be known and
circulated through the people, that if that boy shall lose his life,
under the sentence of death he has received, his confederates will be
his murderers. Let it be known that this boy's life is safe, if his
country deserves it; and that if, by their conduct, they do not deserve
it, the miserable victim shall be led forth to instant death.
With
respect to the other convicts, the solicitor-general said, he should
recommend to his excellency the lord lieutenant, to retain them also as
hostages for the future good conduct and peaceable demeanor of the
inhabitants who lived in the neighbourhood where those prisoners
resided; and he said, that he wished their relations and the public to
understand, that on the first appearance of disturbance in the country
these unfortunate men should be instantly led forth to execution.[72]
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Maurice Quan was executed by hanging on Carrick Bridge,
23/2/1811.[71,126] The following correspondence between Patrick Power
& Rev. Nathaniel Herbert and the Chief Secretary of the Privy
Council also have bearing on the case:
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23rd
Jan.
1811.
To Patrick Power, Esq.
Carrick-on-Suir, Co Tipperary. Informing him that depositions of the
occurrence mentioned in his letter of the 21st instant, have been
required from the Rev. Mr. Herbert, before whom, it is
presumed, he has carried his servants to swear to the
facts; and if he should
not have done so, to beg he
will lose no time in seeing that gentleman.[126] |
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13th Feb.
1811.
From Patrick Power, Esq.
Carrick-on-Suir, Co Tipperary. Detailing the spirited and steady
conduct of his servant, Pierce Cavanagh, and recommending him to the
consideration of government; and stating that Maurice Quam, who is to
be executed on the 23rd instant, has besought him for a longer day, and
that his body may be given to his friends. Thinks advantage might be
taken of his situation, to induce him to implicate a number of
murderers, robbers, and Caravats, &c.[126] |
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24th
Jan. 1811
From Rev. N. Herbert,
Carrick-on-Suir, Co Tipperary.
Enclosing
the only depositions that have been taken of the attack on Mr. Power's
house, &c.; and stating that he had
secured and lodged in gaol all the persons named in the information,
and also the servant, who was the informant, for his own security. He
thinks the country becoming less disturbed: the party at Mr. Power's
were common robbers, and not .. {last
line missing from source}.[126] |
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18th Feb. 1811
To Patrick Power, Esq.
Carrick-on-Suir, Co Tipperary.
Acknowledging his letter of the 13th instant. It is unnecessary to
enter further on the subject of Cavanagh, whose case has become the
subject of correspondence with the Rev. N. Herbert, who has been
directed to settle with him (Mr. Power), the extent and manner in which
Cavanagh can be best remunerated for his praiseworthy conduct. With
respect to Quam, though he should be discouraged for any hope of royal
mercy which cannot be extended to him, yet there can be no objection to
receive any confession or discovery he may make.[126] |
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On
4/3/1811 Rev N. Herbert of Carrick-On-Suir, Co Tipperary, requested, in
writing, to the Solicitor-General, Waterford City, that the
sentence of death on John & the Whelan's, due to be executed
9/3/1811, be deferred and that they be held over as hostages for the
peace of the country.[126] On the 6/3/1811 the Solicitor-General
granted a 1 month delay of their execution be granted, which would be
extended if the country remained quiet.[126]
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"To the Solicitor-General,
Waterford, Co Waterford.
4th March, 1811.
From Rev. N. Herbert, Carrick-On-Suir, Co Tipperary.
Recommending
that John Browne and the Whelans, who are under sentence for execution,
the 9th of March, may be still held over as hostages for the peace of
the country."
"6th March, 1811.
To Rev. N. Herbert,
Carrick-On-Suir, Co Tipperary.
In
reply to his letter of the 4th instant, informing him that a respite
until Tuesday, the 9th of April, has been granted for Browne and the
Whelans, as also for Dower, and that the extension of that respite may
be expected, if the country remains tranquil.
Solicitor-General, Waterford, Co Waterford."[126] |
|
The country evidently remained tranquil - John & the
Whelan's (Phelan's) were still in gaol 14 months later when an order
was signed 12/5/1812 by the Governor of Ireland ordering that they be
Transportated Australia for the 'term of their natural
lives'.[125] {It is
possible,
although unproven, that John & the Phelan's spent their
imprisionment in Ireland in the gaol attached to the Carrickbeg
Courthouse, where they were likely tried}
| |
"Ship Arch Duke Charles Transport
By The Lord Lieutenant General and General Governor of Ireland
<signed> Richard L.
Whereas
the several Persons named in the annexed List have been convicted of
Offences against the Laws of Ireland and have been ordered to be
transported for the Terms annexed to their Names respectively. And
whereas the said several Persons have been put on board the ship the
Arch Duke Charles in order to their being transported to His Majesty's
Colony of New South Wales. We do hereby in pursuance of the Authority
invested in us by Law, transfer the services of the several Persons so
convicted, to His Majesty's Governor of His Majesty's said Colony of
New South Wales and his Assigns, for the terms for which they have been
respectively ordered to be transported. Given at His Majesty's Castle
of Dublin the 12th Day of May 1812
By His Grace's Command, <signed> Charles Saxten
Services of convicts transferred to the Governor of New South
Wales."[125]
|
|
{Dwyer appears to have
remained
in Waterford, at least for the short term} John
& the Phelan's were transported to
Sydney, Australia, on the "Archduke Charles",[1,2,3,5,6,7,9] departing
Cork, Ireland, 15/5/1812,[2,6,8] and arriving Port Jackson, NSW,
Australia, 16/2/1813.[1,2,3,5,6,7,8,9] On arrival, his description was
given as 25yo, 5'3" tall, of fair to ruddy complexion, hazel eyes and
dark brown hair.[1,2,6,124] Convict
labourer, Government Farms at Petersham, NSW, Australia, 1813.[1,2,5]
{Presumably Grose Farm -
see background below} Convict labourer, assigned to Mr
Devine, Newtown, Petersham parish, NSW, Australia,
1814-1816 (3 years).[2,6,12] {Source
[6] states that Devine's farm was at Petersham - it was actually at
Newtown, Petersham was the parish. See background below}
Convict labourer, assigned to the Watson
road-gang working on the Blue Mountains Road, 1818.[1,2,6] On
15/7/1818, still with the Watson Road Gang, John was in
Bathurst,[2,5,6,46] suffering ill health.[6,109]
| |
"John Brown. Archduke Charles,
Waterford, 1811,
Life. ____ with
Watson's Gang, West of the Mountain. Has lately been ill and is not
hearty enough for the roads. In service before to one Master before
joining us. Clarendon, 15 July 1818, Wm Cox."[109]
|
|
Because of John's ill-health Governor
Macquarie granted him a Ticket of Leave (No.1296) and a conditional
pardon (No.1079),[6,9,124] both dated
16/7/1818.[1,4,5,6,9,124] {Members
of the road-gangs
generally gained an early release because of its hard nature &
resulting ill-health.[1,2,5]} The
Conditional
Pardon enabled him to
travel around the Colony without restriction, working to support
himself where he could find work.[1] John's conditional pardon gave the
following details: John Browne, arrived 1813 on the Archduke
Charles, born
CarrickonSuir, Labourer, tried Co Waterford, 1811, life sentence,
height
5' 3", fair-ruddy complexion, dark brown hair & hazel
eyes.[124]
According
to a petition he made to Governor Macquarie in 1820, he received his
pardon for "good conduct and behaviour while employed at the Government
roads over the mountains".[5,110] In
1820 John petitioned Governor Macquarie for a land grant.[1,2,6,110]
| |
"To His Excellency Governor
Macquarie Esq, Capt.
General & Governor in Chief
A petition of John Browne most humbly showeth.
That
your Excellency Petitioner arrived to this Colony by the ship Archduke
Charles in the year 1813 and your excellency. Petitioner this his good
conduct and behaviour while employed at the Government Roads on the
Mountains has obtained his Emancipation and since has conducted himself
as an honest and industrious man. Your Excellency Petitioner therefore
confides and writes all his hopes on your Excellency's benign clemency
and most humbly entreats that with your Excellency's well known
philanthropy you will command to order Petitioner such portion of land
as such other indulgence your Excellency may deem meet. And Petitioner
as is duty bound will now pray.
This is to certify that the
Petitioner resides in the District of Minto upon a piece of Land about
ten acres (by permission) and has got 3 1/2 acres of wheat now in the
ground. This he intends to leave if his Excellency the Governor favours
him with any grant of land.
(Signed) Wm Howe JP
I know something of Petitioner using his residence at Wilberforce
District, Minto and by leave do
recommend him to your Excellency, as a fair character.
(signed) Rob.
_______ (surname unreadable).
His
Excellency the Governor & Commander in chief. The humble
petition
of John Brown For this First Monday in July 1820 [3rd July]."
(Grant approved for 30 acres).[110]
|
|
On 3/9/1822 John wrote a letter to Major Goulburn, the
Colonial Secretary querying whether he should pursue his 1820 petition
for land (to Governor Macquarie) with the new governor,
Governor
Brisbane.[122] In the letter John mentions that his sentence was due to
expire in 10 months (ie: September 1825) and that he had "a large
fortune left me at home by the death of my father" which he intended to
retrieve.[112]
| |
"(To) Major Goulburn Esquire
Colonial Secretary,
September 3 1822
Sir.
Having previous to Governor Macquarie's embarkation for England
obtained his verbal promise for an unspecified portion of ground and
being favoured for a Considerable time past with a Conditional pardon I
solicit that your Honour may Condescend to acquaint me whether or no it
would be prudent for me to Memorial {ie: petition}
His Excellency Sir T. Brisbane to this effect. My term expires in about
Ten Months, and having a large Fortune left me at home by the Death of
my Father I mean to have it remitted here where it will not only be of
service to me but to the infant Colony in which I mean to serve.
I therefore trust your Honour will give me a favourable Answer in this
respect and you will Confer a lasting favour on.
Sir, your Most submissive Humble Servant, <signed> John
Browne."[112]
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|
{John appears to have
obtained the
"large fortune left me at home by the death of my father" sometime
between 1824
and 1828 - by 1828 he had acquired several horses, a herd of cattle and
was leasing a sizable tract of land. Curiously, John was
formerly a member of the Caravats which drew almost exclusively from
the
poorest section of Irish society} In 1822
John was
granted 30 acres at West Bargo by Governor Brisbane,[1,2,6,110] quit
rent
to commence 1/11/1827 with an annual rent of 1 shilling.[1] This
land eventually proved to be 'worthless' and John then applied for an
additional grant, which was refused (by the 1830s the Government was no
longer issuing land grants but instead selling land by auction to the
highest bidder).[1] He then leased or rented a small
acreage of land.[1,2] On 20/9/1824, then of the District of Upper
&
Lower Minto, was assessed as possessing 10 bushels of wheat (there were
29 farmers in the district growing wheat, ranging from 6 up to 1200
bushels, 24 farmers, including many of those growing wheat, were also
growing maize).[105] {[1,2]
claim that John was growing wheat & maize, however an
examination
of the totals indicates that " was used to indicate zero and
not
'as above'}
On 8/2/1823 Rev John Therry applied to the Colonial Secretary for
permission to marry John Brown, free, and Ann Anderson, a convict who
arrived on the John Bull, according to the rites of the Roman Catholic
Church. (along with 8 other couples).[106] The marriage never
eventuated.[1,2] Ann, from Co Waterford, Ireland, convicted of
larceny
in Co Clare, Ireland, and arrived on the "John
Bull", the same ship that brought the woman John eventually
married.[1,2] Why this marriage did not eventuate is unknown, although
Ann was one of the female convicts who were repeatedly repremanded for
improper fraternisation with sailors & officers on the
ship.[121] {It was
commonplace for female convicts to exchange sexual favours for wine and
other luxuries}
In 1822
Ann was
at Government Establishment at Emu Plains, from
1823-1825 she was at the Government Factory at Parramatta ('Female
Factory').[107] In 1825 she was transferred to Tasmania where she
married Thomas Green, 11/12/1825, Launceston, Tasmania, Australia.[107]
Ann was still a prisioner at the time.[107] {At that time convicts were
transferred to Van Diemen's Land (Tasmania) for 'bad behaviour'}
By
1828 John was farming 192 acres at Upper Minto with 2 horses, 20 head
of
cattle & some pigs,[1,2,5,6] with 100 acres cleared &
60 acres
cultivated.[6] (1828 census lists Brown, John (40yo), Ann (37),
Samuel (10), Margaret (3), Mary Ann (2) & William (9mo).[6]).
On 11/3/1830 John petitioned Governor Darling for an additional grant
of land,[122] although apparently unsuccessfully since there is no
reference to this land in John's will, dated only a few years later
in 1835.[31] The petition reveals that in two short years John
had
aquired a third horse, 15 additional cattle, rented an additional 45
acres of land in Upper Minto (the 190 acres he held in
1828 was
presumably also leased) and had increased the amount of land under
cultivation in Upper Minto from 60 to 130 acres.[6,123]
| |
"11th March 1830
To His Excellency Lieut. General Ralph Darling
Governor in Chief of New South Wales
The Humble Petition of John Brown
Most Respectively
Sheweth,
That Petitioner arrived in the Colony per Ship Archduke Charles in the
Year 1813 under Sentence of Transportation for the term of his natural
life.
That Petitioner in the Year 1819 received a Conditional Pardon
from Lieut General Governor Macquarie, that in the following Year
received a Grant of 30 Acres of Land from the Government Situate into
Bargo, but owing to the extreme poorness of the Soil Petitioner had
only cleared a few Acres.
That Petitioner rents 235 Acres of land in
the District of Upper Minto on which he resides, 130 Acres of which are
under Cultivation.
That Petitioner is a Married man and has a Wife and 4 Children, the
eldest of which is 12 Years of Age.
That
Petitioner possesses three horses, 35 head of horned Cattle, with
Carts, Plows, Harrows and every necessary implement required for the
order of Agriculture.
That Petitioner wishes to obtain an additional
Grant of land from the Government for the purpose of Clearing
and
improving the Land.
That Petitioner under these Circumstances humbly
hopes Your Excellency will take his case unto Consideration and be
graciously pleased to grant Petitioner the Indulgence of receiving an
additional Grant of Land.
And Petitioner as is duty bound in the every way,
<signed> John Brown
To
certify that I believe this statement to be correct and that Petitioner
is a persevering and an industrious man of good character and is likely
to reside upon any land he may obtain. <signed> Wm Howe,
JP, Sup
{Superintendent} Police
I certify that I have known Petitioner at
least five years and as, during that time, he has conducted himself in
an industrious and becoming manner, I have a pleasure in recommending
him to His Excellency the Governor's best consideration. <Thomas
Riddall> Resident Minister.
(Annoted on the petition) Has not stated nor does he say he will reside
on the land he may now obtain."[123]
|
|
About
1831 John bought 10 acres of land facing onto the Cowpasture Road at
Narellan[1] from William Howe, the Campbelltown Police Magistrate, a
corner lot near the Junction at Narellan.[35] John built a brick
dwelling on the property & from 1831 until his death in 1835
John
operated a licensed inn from this dwelling, named the "Currency
Lass".[1,2,6,24,26] {a
currency lad or lass was a term for the first
generation of colony-born children. John no doubt named the inn in
honour of his daughters}
John acquired yearly publican licenses for the
Currency Lass dated 28/6/1832, 4/7/1833, 25/6/1834 &
8/7/1835.[6,45,151]
| |
"Internal Revenue Office, Sydney, 28th June 1832.
Licenced to Retail
WInes and Malt and Spirituous Liquors, issued in Favour of John Brown
for the House known by the Sign The Currency Lass at Upper Minto.
Certificate of the above mentioned John Brown being a fit Person to keep a Public House, granted by
William Howe Esq. J.P., John Hawdon Esq. J.P, (plus one unreadable signature)
Assembled at Campbell Town on the 10th Day of June 1832."[151]
|
|
The inn was located on Cowpasture Road at the
intersection of the roads from Campbelltown (present day Narellan Road)
& Sydney (Cowpasture Road, now Camden Valley Way).[24] A
Publican's Licence required the holder to be of exemplary
character,[1,2] and an annual fee of £20 per year,[1,2,6] indicating
that the family was relatively affluent by that time.[1,2] At the time
Narellan was a barely populated village near Campbelltown.[26] {It
has also been suggested that John held the publican's licences for the
Princess Charlotte Hotel, York Street, Sydney, 1830-1833, & the
Edinburgh Castle, Pitt Street, Sydney, 1833-1837,[6] however this was
another John Brown & there was no mention of these properties
in
John's will,[6] despite the later license being held by a John Brown from 1833-1837} Sometime between 1831 and 1835 John bought 40 acres of land at Liberty Plains, NSW,
Australia.[1,35] {On
14/9/1831 Samuel Terry purchased the property from the previous
owners, comprising the original 40 acre grant to Ann Pugh,[147] &
on 8/7/1835 John included the property in his will, indicating he
purchased the property, by private sale, sometime between these two dates} The Yagoona property was a private residence at the
time John acquired it, however it was previously a Public House known
by the name "Crooked Billet".[143,144] Shortly after John's death, his
widow advertised the Yagoona property for lease:
| |
"To be let. That well-known Old Established Public House, formerly
known by the Sign of the "Crooked Billet," situated on the side of the
Liverpool Road, at the 14 Mile Stone, containing eleven Rooms, Kitchen,
Stabling, containing twelve Stalls, good Yard and Garden, with forty
acres of Land, divided into two Paddocks, fenced with a three railed
Fence, and to be Let for the term of three, four, or five years,
according as is agreed upon. Anne Browne, Currency Lass, Cowpasture Road, August 7, 1835."(SMH 10/8/1835).[143]
|
|
A few years later the Yagoona property was destroyed by fire:
| |
"£25 Reward. Whereas, on the Evening of Friday the 13th instant,
some
person or persons maliciously set on Fire the dwellinghouse, Out Houses
and Premises, the property of the undersigned, and known as Pugh's old
Public House, at the fourteen mile stone on the Liverpool Road. Any
person giving such information as may lead to the conviction of the
offender or offenders, otherwise than the parties who have perpetrated
the deed, shall receive the above reward, on application to Anne
Browne, Currency Lass, Cowpasture Road. Cowpasture, 19th July. 1838."(Australian 14/7/1838).[144]
|
|
The Crooked Billet was established in 1818 by Samuel & Ann
Pugh on a 40 acre land grant, it was the first inn in the North
Bankstown (Yagoona) area.[145] The present day address of the site is
724-734 Hume Highway, Yagoona, Sydney, NSW, Australia.[145] Previously
advertised sales give a description of this property:
| |
"For Sale, by Private Contract, all that extensive and well-built house
belonging to Mr. Samuel Pugh, situate at Irish Town, formerly known by
the Sign of the Crooked Billet, leading from Sydney, and about six
miles from Liverpool, is a pleasant situation, and well watered;
together with good stabling, back yard, two large paddocks, orchard,
and many other conveniences. Also, a FARM, containing 40 acres, well
fenced in on every side. The Purchaser may enter on the same
immediately. Further particulars may be had from Mr. Robert Campbell
Jun. Bligh-street; or, of Samuel Pugh, Tenant, on the Liverpool Road."(Gazette, 1821).
"Notice. To Let or Sell. A Piece or Parcel of Land, in the District of
Banks' Town, twenty acres clear and fit for cultivation, and thirty
acres of good land fit for cutting of timber, lately occupied by Andrew
Cunningham of the Crooked Billet, on the Liverpool Road. Enquire of
Mary Ann Arnold, Widow of the late W. G. Whitfield, No. 20,
George-street, Sydney."(Monitor, 1830).[146]
|
|
On
14/11/1834 John was one of the first to purchase an allotment in the
newly
released township of Campbelltown, block 4A between Dumaresq &
Allman Streets, facing Queen Street, at a cost of £12 6s 2p.[1,2,6,150]
John experienced some difficulty in purchasing this land, originally
applying for the land 22/9/1832, a combination of several individuals
bidding for the land (John initially bid for two allotments but
eventually acquired just one) and a clerical error in the valuation of
the land which resulted in a delay whilst the various arms of the
Government resolved the error - and even after it had been resolved
there was a 14 month delay in which John's application appears to have
been 'forgotten' until he sent a letter enquiring as to the fate of his
application.[150] John finally purchased the land on the 14/11/1835 and
the Deed signed by the Governor on 7/2/1835.[150] {The
Deed contained a clause that if the allotment was not developed within
2 years it would revert back to the government,[150] and since John
died only a few months later it is unknown whether his widow developed
the land within that two years, whether she lost it when she was
declared bankrupt or John's son acquired the land when he reached the
legal age in 1849 is unknown, although the last seems unlikely}
| | Application of John Brown of Upper Minto for permission to purchase Land. Dated 22 Sept. 1832.
Sir,
Being desirous to purchase the following allotment of land, I request
you will obtain the Governor's authority that it may be put up to Sale,
agreeable to the Regulations contained in the Government Order of the
1st of August, 1831, No.22, viz: No.60 allotment close to the piece of
ground laid out as a Govt resence (sic) for a New Court House &
Gaol joining Dumaresq Street at the back of Oxley Street. I am free,
and arrived in the Colony by the Ship Arch D. Charles from Ireland, in
the Month of February, 1813.
I have the honor to be, Sir, Your obedient humble Servant, John Brown <signed>
To The Surveyor General, Sydney.[150] | Application of John Brown of Upper Minto for permission to purchase Land. Dated March 14th, 1833.
Sir,
Being desirous to purchase the following allotments of land, I request
you will obtain the Governor's authority that they may be put up to
Sale, agreeable to the Regulations contained in the Government Order of
the 1st of August, 1831, No.22, viz: Numbers three and four of the late
Market Place at Campbell Town. I am free, and arrived in the Colony by
the Ship Arch Duke Charles from Ireland, in 1814.
I have the honor to be, Sir, Your obedient humble Servant, John Brown <signed>
To The Surveyor General, Sydney.[150] | Schedule 119/33 - 14 Mar '33
When applications are made for the
purchase of land, which is valued above the minimum rate of 5/- per
Acre - the parties are, before advertising, duly appraised, and until
they state their willingness to bid at the sum specified, the
selections are not put up. Several Months in some cases expire before
an answer is received, and there is one which has been laying over
since January 1832, and in many instances it is probable the parties do
not intend to purchase, but still having made selections other parties
are, I suppose, prevented from applying for the piece of land, upon
ascertaining at the Sheriff's Office the unsettled selections already
made. Some definite time appears desirable to give for replying, when
if not done the Land to be considered open to the public.
Governor's
Decision. The Land should not be kept back from sale if any person
desires it to be put up at the rate fixed by Government - the first
applicant may bid for it tho' it be put up by the Second - a Selection
for Sale, is nothing more than requesting a piece of land to be put up
for any one to bid and gives no privilege or claim whatever to the
applicant.[150] | To Colonial Secretary's Office, Sydney 9th April 1833
Sir, With
reference to your Abstract of purchases for 1/15 March last, Nos 76 and
77, in which the minimum price of the Allotments in Campbelltown
applied for by Messers Edmund Ryan and John Brown is stated to be Two
(2) pounds per Acre - I am directed by His Excellency the Governor to
request your report whether this valuation should not have been Twenty
(20) pounds per Acre, in accordance with that fixed on other allotments
in the same Town which have been included in former Abstracts.
I have the honor to be, Sir, You most obedient Servant
("Refer the matter in Schedule before the Governor" added at bottom of page).[150] | Schedule 152/33. 12 April 1833
Governor's Decision. This is
Evidently a clerical Error, and it is a pity the Col Sec did not
observe it on sending in the abstract - Let the Surveyor General be
informed all Allotments in Campbell Town have hitherto been put up and
sold at £20 per Acre and that price was approved by the Executive
Council on 13 August 1832. In a recent Abstract however of the Surveyor
General that office fixes £2 per acre as the minimum rate of putting up
4 Allotments applied for in this Township, and the same has received
the Governor's approval but it is supposed His Excellency overlooked
the value considering it to be the usual sum.[150] | 33/2779 - 10 April 1833
Upper Minto, April 15th 1833
Sir, I have
the honor to acknowledge the receipt of your letter of the 6th Inst.
No. 33/251 informing me that the allotment of the late Market place
must be put up separate and at the minimum price of £20 Twenty Pounds
per Acre, and also that another individual had applied, as also to know
if I am still desirous to purchase that I should inform you
immediately. In answer I have to say that I am desirous that the
allotment in question should be put up for sale at the terms and
conditions as specified in your letter.
I have the honor to be, Sir, You most obt. Servant, John Brown.
To The Honorable, The Colonial Secretary, Sydney.[150] | 4/4732 - 22 July 1834
Upper Minto, June 28th 1834
Sir, I having
received your letter of the 14th last. I am still Desirous of have the
2 allotments applied for by me in Campbelltown and I having wrot to you
twice before concerning it but i believe you have not received my
letters as i am desirous of purchasing them.
I am, Sir, yours most humble and obt. servant, John Browne <signed>.[150] | 34/8559 - 25 November 1834
A No.34/1662, Internal Revenue Office. Sydney 14 Nov. 1834
Sir,
Referring to my letter of this date A.No.34/1655 transmitting a report
of the Sale of Town Allotments this day and to Lot 13 of that Report
which states that Mr John Brown of Campbell Town is the purchaser of
that lot containing two Roods and seventeen perches being Allotment
No.4 situate in Campbell Town and Parish of St Peter for the sum of
Twelve pounds two shillings and sixpence which amount he has paid. I
have now the honor to request that you will please to cause a Deed of
Grant in his favor of the Allotment above mentioned to be prepared and
transmitted to me as early as convenient.
I have the honor to be, Sir, Your most Obedient Servant, Wm Macpherson <signed>, Coll. Int. Revenue.
To The Honorable, The Colonial Secretary
('Executed' & 'Dispatched' annotated to page).[150] | By His Excellency Major General Richard Bourke Captain General and
governor in Chief of the Territory of New South Wales and its
Dependencies, and Vice Admiral of the same, &c. &c. &c.
Be
known unto all men by these presents, that whereas at a public auction
in conformity with the regulations made for the sale of Crown lands in
the Territory of New South Wales, John Brown of Campbelltown is the
purchaser of the allotment or parcel of land hereinafter described for
the sum of twelve pounds two shillings and six pence sterling; I the
said Major General Richard Bourke in pursuance of the powers by His
Majesty has vested in me, as Governor of the said Territory and its
Dependencies, for and in consideration of the said sum of twelve pounds
two shillings and six pence sterling, paid by the said John Brown to
the Collector of Internal Revenue on behalf of His said majesty, do
hereby grant unto the said John Brown, his heirs and assigns, subject
to the reservations and conditions hereinafter mentioned, all that
parcel of land, containing by admeasurement, two roods and seventeen
perches and situated in the town of Campbell Town, Parish of Saint
Peter, County of Cumberland. Allotment No.4 commencing at the north-west
corner of Allotment No.3 Bounded on the north east by a line bearing
south forty five degrees east six Seacies and thirty links; by the
south-east by a line south forty five degrees West ninety five links; on
the south west by a line north forty five degrees west six chains; and
on the north west by a line north twenty eight and a half degrees east
one chain being the allotment sold as Lot 13 as perchase of
advertisement of 29th July 1834. With all the appurtenances whatsoever,
reserving as hereinafter reserved; to be held until the said John
Brown, his heirs and assigns for ever, on Condition of paying therefore
Yearly to His Majesty, His Heirs and Successors, the Quitrent of one
Peppercorn, if demanded; And on Condition also that the said John
Brown, his heirs and assigns do, and shall, within two years from the
date hereof, erect or cause to be erected, a Dwelling-house, Store, or
other permanent building, upon the said land, of the full value of
Twenty Pounds, or upwards, to be determined by the Report of a
qualified person, to be appointed by the Governor or Acting Governor of
the said Colony for the time-being for that purpose, and in default of
the said John Brown his Heirs or Assigns within the time before
mentioned, the said land shall be forfeited and revert to His Majesty,
His Heirs and Successors, and be resumed without notice to the said
John Brown his Heirs or Assigns, AND these presents, and every matter
and thing herein contained shall cease, and determine, and become
absolutely void to all intents and purposes: Provided Nonwithstanding,
that is shall be lawful at all times for the Governor or Acting
Governor of New South Wales, or any person duly authorised in that
behalf, to conduct and make through and upon the said Parcel of land,
all Drains and Sewers which may be deemed expedient, on giving Three
Months Notice thereof, and paying for the damage which any Building may
sustain thereby, at a valuation to be fixed by two indifferent
Arbitrators, appointed in the customary manner, that is to say, one on
behalf of the Crown, and the other on behalf of said Grantee, his Heirs
or Assigns, with power to the Arbitrators so appointed to elect a third
as Umpire in the event of their disagreeing; But that if the said
Grantee, his Heirs or Assigns, shall refuse or neglect to appoint an
Arbitrator on his or their behalf within One Calendar Month after being
required to do so by Notice in Writing, or by Advertisement published
in the Government gazette or otherwise, then, and in such case, both
Arbitrators shall be appointed by the Governor or Acting Governor for
the time-being.
Given under my Hand and the Seal of the Territory,
at Parramatta in New South Wales, this Seventh Day of February in the
year of Our Lord One thousand eight hundred and thirty-five.
Richd Bourke <signed>
Signed and sealed in the Presence of
Geo Kenyon Holden <signed>
Entered
on Record by me in register of Town Purchases No.27, Page 284, this
Sixth Day of March, One thousand eight hundred and thirty-five.
Alex McLeay <signed>, Colonial Secretary and Registrar.[150] |
| |
At
his death John owned 30 acres at West Bargo, 40 acres at Liberty Plains
(Yagoona), Lot 4A, Queens Street, Campbelltown and 10 acres on the
Cowpasture Road at Narellan, where the Currency Lass was sited.[2,5]
John
was devoutly religious and was involved in the Catholic church,[5] and
contributed to the building of the first St Mary's Cathedral, which has
since burnt down and been replaced, as well as the original St John the
Evangelist Campbelltown, the oldest surviving catholic church building
in Australia, built in 1835.[10]
Married
Anne Morrison,[65,69] 24/5/1823, at St Mary's Cathedral (Roman
Catholic),
Sydney, NSW, Australia,[1,2,5,6,11,13,24,47] by Father John Joseph
Therry, according to the rites of the Roman Catholic Church,[1,2,5,6]
after bans were posted and consent granted by the Governor.[6]
Witnesses were Maurice Hallinan, James Smithers and Ann Smithers.[11] {The marriage certainly would
have been one of the first Catholic marriages in the colonies, since
the first Catholic priest
did not arrive until about 1820}
On 20/5//1823 Rev John Joseph Therry applied to the Colonial Secretary
for
permission to marry John Brown, free, and Ann Morrison, a convict who
arrived on the John Bull, according to the rites of the Roman Catholic
Church. (along with 3 other couples).[108] Anne was born c.1787/1790, Downpatrick, Co Down,
Ireland.[1,2,6,7,13,24,25,47,58] Baptised 2/9/1823, Airds County
(Campbelltown), NSW, Australia (registered St Mary's,
Sydney), by the rites of the Roman Catholic church.[1,6,13] {See note [86] re location of
baptism}
Ann was not a Roman Catholic
&
after her marriage both Ann & her son, Samuel, were baptised into
her husband's faith.[1,13] Died 19/6/1858,[1,2,10,13,58] Narellan,
Camden
district,
NSW, Australia (70yo).[1,6,10,13,35,58] Ann's death certificate notes
she was the "widow of a farmer & inn keeper".[58] Cause of
death
was 'old age'.[58] The
informant for Ann's death was her son, William, who gave Ann's children
as Mary Ann (32yo), William (30yo) & Margaret (deceased),
curiously
no mention was made of Samuel.[35,58] Ann was buried 21/6/1858,[58]
with her husband, St John the Evangelist
Graveyard (Roman Catholic), cnr George & Broughton Streets,
Campbelltown, NSW, Australia (separate headstones).[1,2,6,10,47,58]
Father John Paul Roche, priest at St John's, officiated at her
burial.[58] {DOD taken from
gravestone.[10] Some secondary sources
give a DOD of 10/6/1858.[1,6]} After
John's death Ann continued to operate the "Currency Lass" &
hold a Publican's License in her own name until 1840,[1,2,6,26] with
yearly publican licenses for the Currency Lass dated 30/6/1836,
4/7/1837, 27/6/1838 & 28/6/1839.[6,26,45] In the early 1840s the
colony suffered a serious depression due to the combination of a long
drought and the cessation of convict transportation.[1] Ann was forced
to borrow a promissory note for £308 17s 3p to continue operating the
inn.[6] On 12/5/1841 Ann & her son, Samuel, were summoned to
court
for damages of £600,[6,24] interest due was £8 per sentum per annum.[6]
Ann was unable to repay the loan and was declared bankrupt.[6] Most of
the family's assets were seized by debtors & the court.[1,2,6]
In
1840 (22/6/1840) and 1841 (30/6/1841), the Publican's License for the
'Currency Lass' was issued to David Dillon,[45] however Ann appears to
have retained ownership of the inn.[6,26] On 29/10/1841 the inn was
sold at auction to pay off Ann's debts.[43]
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"In the Supreme Court, Sheriff's
Office, Sydney,
22nd October, 1841. Cooper and another v. Brown and another. On
Friday, the 29th instant, at noon, on the Premises at Narellan, the
Sheriff will cause to be sold a quantity of Household Furniture, and a
Gig; after which, all the right, title, interest, and estate, of the
above defendants, in and to all that piece or parcel of ground at
Narellan, containing about ten acres, on which is erected an Inn, known
as the Currency Lass, together with a Cottage adjoining, unless this
execution be previously satisfied. 4432 Cornelius Prout Under Sheriff.(Sydney Herald 19/10/1841)"[43]
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On 8/02/1842 Ann Brown, of The Cowpastures, was declared insolvent.[51]
In
1842 (30/5/1842), 1843 (29/6/1843) & 1844 (27/6/1844), the
Publican's License for the 'Currency Lass' was issued to Henry
Doran.[45] In 8/1844 Doran advertised the inn for lease,[44] &
there were no subsequent licences issued for the 'Currency Lass'.[45]
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"Public
House to Let. To be let, with immediate possession, that well-known old
established house the Currency Lass Inn, situated at Narellan, on the
Cowpasture Road, and now in full trade, with bar fixtures, and public
house furniture complete (if required). Terms very liberal. Any steady
couple possessing a small capital will find the above a most valuable
concern, as the Royal Mail from Sydney to Berrima, stops at the house
for the passengers to breakfast every morning. For particulars apply to
Mr. John Hurley, Campbelltown, or to Mr. Henry Doran on the premises,
if by letter post paid. Currency Lass Inn, Narellan, August 5.
1702.(SMH 9/8/1844)"[44] |
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The 'Currency Lass' was eventually
re-named "Geary's",[27] although there were no licences issued in NSW
issued
prior to 1861 for an inn of that name.[45] The bankruptcy
only involved Ann & her son, Samuel, the remainder of John's
estate, which went to the other children, remained in the family.[35]
Both John & his wife Ann were illiterate.[31] (Refer to the Morrison chart for additional details on Ann) John resided,
1810,
Tinhalla, Fenoagh parish (near Carrickbeg/Carrick-on-Suir), Co
Waterford, Ireland.[72] John resided
1813-1816, Petersham, NSW, Australia.[1,2,5,6,12] John resided 1816,
Lower Portland, NSW, Australia.[6] John resided 1818, Bathurst, NSW,
Australia.[2,5,6,46] John resided 1819, Liverpool, NSW,
Australia.[1] John resided 1820, Wilberforce, NSW,
Australia.[1]
John resided
7/1820, Minto, NSW, Australia.[46] Ann resided 1822, Female Factory,
Parramatta, NSW, Australia.[2] Resided 1822-1835, Narellan, Upper
Minto, NSW, Australia.[1,6,68] (Upper
Minto extended from a point just north of Appin, west to Narellan and
north to Liverpool along the Cowpasture Road.[1])
Resided 1838-1841, Narellan, NSW, Australia (Ann, 47yo).[26] Resided
1842, The Cowpastures, Narellan, NSW, Australia.[51] Resided
1858, Narellan, Camden district, NSW, Australia (Ann).[1,6,13]
Children
of John Browne and Anne Morrison:
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