52 Ancestors in 52 Weeks – Week 11: Lucky – Crusader to New Zealand

 In December 1874, Captain Renaut sailed his ship The Crusader into Lyttleton Harbour,
New Zealand with 374 passengers on board.
The Crusader departed from Plymouth on the 25th of September and made the passage in 97 days with very little illness reported.
The surgeon-superintendent was Dr. John Guthrie who settled in Christchurch.
On the voyage Dr Guthrie found it necessary to appoint two nurses,
Mrs Cleaver and Mrs Lindon.
The Crusader developed a hole and the well was taking in water.
The water was successfully pumped out throughout the voyage but the pump kept breaking down and not too much water continued to come in.  It is said that on arrival at Lyttleton harbour a fish skeleton was found in the well and so it was thought that the fish body had blocked the hole thus stopping the ship taking on more water and sinking!
My great great grandparents, Robert Forsyth and his wife Jessie nee Farquhar were on board the Crusader with their little son Alexander.
They were very LUCKY to arrive safely.
Robert and Jessie Forsyth went on to have a large family in New Zealand
Photo A Large Sailor’s Woolie of the Clipper Ship The Crusader at Anchor in New Zealand
Circa 1875-85courtesy of Paul Vandekar
http://www.vandekar.com/archives/details.asp?inventoryNumber=NY07221
The Press newspaper reported the Arrival of the Crusader in its edition on the 1st of January 1875.
Everyone spoke most highly of the Captain  “The passengers and Immigrants alike testifying to his unwearying care and devotion during the passage”.
An excerpt from that newspaper article.
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Strong Woman

52 Ancestors in 52 Weeks – Week 10: Strong Woman

There are plenty of strong women in my family tree even though they may not think so.
Some of their stories are heartbreaking, all are inspiring.
Most inspiring to me at the moment is my first cousin Denys in New Zealand.
Denys and I didn’t know each other existed until we did an AncestryDNA test at almost the same time 10 months ago.
We are actually half first cousins, sharing the same paternal grandfather.
Click the link to read about  Our DNA discovery
 
Despite not having met in person yet we have grown very close.
Denys has been through the heartbreak of losing a younger brother who was only 17 years old, enduring an awful first marriage, losing her second eldest daughter to suicide and now supporting her dearly loved current husband in his battle with terminal cancer.



Your heart is one of the best Denys xx
Strong women in my family tree that I have previously written about:
Mary Agnes Adams nee Morgan   My paternal great-grandmother
 



Herbert Hulme’s Will

52 Ancestors in 52 Weeks – Week 9 – Herbert Hulme’s Will

Herbert Joseph Hulme
photo from the album of my
maternal grandmother
Daisy Fleming
nee Morgan.
The theme for week 9 of the 52 Ancestors challenge is
“Where there’s a Will”.

My grandmother’s maternal Uncle Herb was born Herbert Joseph Hulme at Oxley, Victoria in 1892.

Herb never married and died on the 8th of October 1969 at Wangaratta aged 77 years.

He was the second son and second youngest child of the ten children of Joseph Hulme and Anna Dorothea nee Bartsh of Milawa.

Herbert and his sister Pleasance, who I wrote about in week 6 of this challenge, were both unmarried and were left the family farm when their father died in 1920.  Their mother had died in 1908 at the young age of 53.

Pleasance had died in 1965 so Herb may have sold the farm.
I am awaiting the Probate inventory to find out but Herb left quite a sum of money to both the Wangaratta Technical School and St. Paul’s Church at Milawa for scholarships in his name as described below.

The family Bible was left to his niece Jessie Jean Pollack, nee Hulme who was the only daughter of Herb’s older brother, Sydney Frederick Hulme.

I would dearly love to see that Bible one day.

Also one day I will take a trip to Milawa to see the Church.

More information and photos of St. Paul’s Church can be seen at the
website of Australian Christian Heritage
ChurchesAustralia

Transcription.
THIS IS THE LAST WILL AND TESTAMENT of me HERBERT JOSEPH HULME of Milawa in the State of Victoria, Farmer.

1. I REVOKE all former wills and testamentary dispositions made by me and declare this to be my last will and testament.

2.  I APPOINT John Kenneth Gibb and my niece Dulcie Enid Collier, hereinafter called my Trustees, to be the executors of this my will and Trustees of my Estate.

3. I GIVE AND BEQUEATH to my niece Jean Pollack my family bible.

4. I DIRECT my Trustees to divide my household furniture and effects in accordance with any directions I may leave.

5. I DESIRE that my body be cremated and my ashes deposited within the Church yard at St. Paul’s Church of England Milawa and that a suitable memorial Tablet in bronze be placed over my ashes at a cost not exceeding the sum of Forty dollars to be paid out of the residue of my Estate.

6. I GIVE AND BEQUEATH the sum of Six thousand dollars to the Wangaratta Technical School Advisory Council upon trust to invest the same and to apply the Income from time to time therefrom arising, for the provision of Scholarships for students at the said school studying a course in Agricultural Science such Scholarships to be known from time to time as the “Herbert Joseph Hulme Scholarship” and I direct that the receipt of the Treasurer or other proper officer for the time being of the said Council shall be a full and sufficient discharge for my Trustees.

7.  I GIVE AND BEQUEATH the sum of Eight thousand dollars to the Church of England Trusts Corporation of the Diocese of Wangaratta upon trust to invest the same and to apply the Income from time to time therefrom arising for the provision of Scholarships for students at St. Columb’s Hall Theological College Wangaratta or at such other Theological College as the Bishop in Council of the said Diocese may from time to time decide such scholarships to be known from time to time as the “Herbert Joseph Hulme Scholarship” and I direct that the receipt of the Treasurer or other proper officer for the time being of the said Trusts Corporation shall be a full and sufficient discharge for my Trustees.

8. ALL THE REST RESIDUE AND REMAINDER of my real and personal property whatsoever and Wheresoever I give devise and bequeath to my Trustees upon trust to sell call in and convert the same into money with discretionary power to postpone such sale calling in and conversion for such time as they shall think fit and after payment thereout of all my just debts Funeral and testamentary expenses Federal Estate and State Probate duties to hold the same upon trust for the Church of England Trusts Corporation of the Diocese of Wangaratta and I direct that the same and the Income from time to time therefrom arising shall be applied by the said Trusts Corporation for such general purposes fo the Church of England in the said Diocese including the provision of homes for elderly
people or the maintenance education and benefit of children as the Bishop in Council of the said Diocese may from time to time in its absolute and uncontrolled discretion decide and I further direct that the receipt of the treasurer or other proper officer for the time being of the said Trusts Corporation shall be a full and sufficient discharge to my Trustees without their being bound to see to the application thereof.

IN WITNESS whereof I have hereunto set my hand this 15th day of May One thousand nine hundred and sixty-seven.

Heirloom

Click on the link below to read my contribution to Week 8 of Amy Johnson Crow’s 52 Ancestors in 52 weeks challenge.

52 Ancestors in 52 Weeks – Week 8: Heirloom

Fine record of service

My maternal Great-Grand-Uncle Thomas Fitzherbert MORGAN and his wife Sarah MCNAY were married in Victoria in 1894.

Thomas was born at Euroa in 1868, Sarah at Moonee Ponds in 1873.

They had eleven children born between 1895 and 1918, eight boys and three girls who, all except one of the girls who died of Meningitis at the age of 12, survived to adulthood.  One son, William was killed in World War One and another son Benjamin died in a German P.O.W camp in World War Two.

FINE RECORD OF SERVICE (1940, February 9). The Argus (Melbourne, Vic. : 1848 – 1957), p. 5. Retrieved December 19, 2017, from http://nla.gov.au/nla.news-article11295149

Argus (Melbourne, Vic. : 1848 – 1957), Friday 9 February 1940, page 5


FINE RECORD OF SERVICE

EUROA Thursday – The Morgan family of Euroa has a fine record of service. Seven of the eight sons of Mr. and Mrs. T F Morgan, of McGuiness street, Euroa have served or are serving King and country.

Privates A. T. Morgan and T. F. Morgan and Bugler W. J. P. Morgan killed in action on Gallipoli served with the A.I.F:  Petty-Officer J G Morgan has served his term in the Navy. Private John S. G. Morgan and Private B. R. Morgan have enlisted in the Second A.I.F and are in camp: and Lance Corporal H.C.S Morgan is in camp with the Militia at Seymour.

Born 1895 Euroa, died 1978 Euroa.
Born 1899 Euroa died 1982 Heidelberg, Victoria.
Born 1897 Euroa died 1915 at Gallipoli.
Born Euroa 1907 died at Essendon in 1982.
Sgt John Morgan born at Euroa, Victoria in 1918. Died Tallangatta, Victoria in 2004.

Benjamin was born at Euroa in 1910 died 1945 Germany.

Harry Somerville Halliday Morgan was born at Euroa in 1912.
He died at Heidelberg in 1976.

Photos are from the Morgan Family Reunion book 1980 which was contributed to by many family members and compiled by Rhonda Morgan, then Payne.

Mystery photo of unknown gentleman possibly solved?

Recently, after a discussion with a cousin, I had cause to revisit an old mystery photo from New Zealand.
This discussion jogged my memory of an email I had received in June 2015 after a query to the Alexander Turnbull Library about the photo.
Fancy forgetting about it for that long.
My only excuse is that life got in the way.
The above photo in my possession is courtesy of Brigid Simpson and the Lavin family collection of my great grand uncle, Alexander MORGANin New Zealand.  Photo labeled “Unknown taken in Wellington”.
We have no idea of what connection these men had with Alexander Morgan whose family were all Roman Catholic.
Fiona Gray, research librarian at Alexander Turnbull Library would possibly date the photograph to c1890s.  Fiona kindly suggested the two outside gentlemen in the above photo were Rev James Gibb and Rev James Paterson
Portrait of Reverend James Gibb. S P Andrew Ltd :Portrait negatives. Ref: 1/1-013980-G. Alexander Turnbull Library, Wellington, New Zealand. /records/23228151  http://natlib.govt.nz/records/23228151

Gibb, James (Rev Dr), 1857-1935
Presbyterian clergyman, political lobbyist. Presbyterian minister and Moderator. Wife, Jeannie Gibb (nee Jane Paterson Smith; married 1881 at Aberdeen; known as Jean in New Zealand). See DNZB (Vol 2, 1870-1900, p165-167) – http://natlib.govt.nz/items/22387441

I found this Creative Commons Image which I believe may well be the middle gentleman in the original photo.  Right side image of Rev George Thomas Marshall is from
http://nzetc.victoria.ac.nz/tm/scholarly/Cyc02Cycl-fig-Cyc02Cycl0672a.html
THE REV. GEORGE THOMAS MARSHALL, Wesleyan Minister in charge of the Franklin Circuit, resides at Pukekohe. He was born at Leamington, England, in 1853, and held a position as book-keeper and cashier to a firm of English merchants, until he left for New Zealand, in which he arrived in January, 1881, by the ship “Loch Urr.” Before coming to the colony Mr. Marshall was a local preacher in connection with the Wesleyan Church, and became a candidate for the ministry in 1882. He was for one year at the Three King’s Institute, as a student at his own expense, and for a second year by direction of the Conference. Mr. Marshall has been engaged in the work as a minister since 1883, when he was appointed to the PAGE 672 Upper Thames circuit. Subsequently he was at Kawakawa, Northern Wairoa, Paparoa, Tauranga, and Opunake respectively, and was afterwards at Richmond for four years. He was stationed at Pukekohe in April, 1899. Mr. Marshall was married, in 1887, to a daughter of the late Mr. W. P. Brown, a very old settler in the Bay of Islands, and has four sons and three daughters.
Photo of Rev James Paterson at right is courtesy of Fiona Gray, research librarian, Alexander Turnbull Library, National Library of New Zealand http://www.natlib.govt.nz/

As yet I haven’t found further information on Rev Paterson.
There seems to be another.  Image can be seen at https://digitalnz.org/records/1541403/fig-238rev-james-paterson-presbyterian-minister-1869 but his photo seems too different.

Two men front centre are Rev Gibb and Paterson 1933.
Do you think the mystery men have been found?

Kiely family of Edi Upper

My Mum’s paternal grand-aunt Amelia Agnes “Millie” HART married Edmund Wills (or Wells) KIELY in Victoria in 1901.

Millie was born in 1879 at Echuca, the sister of my Mum’s grandmother, Margaret HART.  They were daughters of Peter HART, originally from Huntingdonshire, England, and Agnes MASON.

Millie and Edmund KIELY had 7 children all born in the Wangaratta region, Victoria where they farmed for many years.

One of the boys in 1912 swallowed strychnine and luckily survived.

Edmund Kiely died in 1935.
Millie KIELY nee HART died in 1971 at the grand age of 92 years.
Longevity seems to run in the family as Mum’s grandmother also lived to her 90s as did many of the HART sisters.

Knight family Wiltshire to Australia 1842

Update to my post of 29 September about My first foray into DNA for genealogy
When Karen told me she hadn’t been able to find Martha KNIGHT’s arrival in Australia I began searching.  According to her newspaper obituaries Martha’s sister, my great-great-grandmother, Ann Jane KNIGHT, was said to have arrived in Australia in 1847 from Gloucestershire.  I don’t know who supplied the information.
According to information given to Karen by other family members, the family came from Trowbridge in Wiltshire.
The DNA matches of we four KNIGHT descendants do agree with these findings.
In the 1841 census, John KNIGHT was a weaver living with his family at Melksham, Trowbridge.
John had married Ann LUCAS on April 8, 1824, in Trowbridge, Wiltshire.
The Knight family, consisting of father John, mother Ann and daughters Sarah, Jane (my Ann Jane), Martha and Ruth arrived in Tasmania on the ship Orleana in 1842.
Ruth went into domestic service for George MacLean who was the Deputy Commissary General for Hobart.
John went to work for a W Wilson of Davey Street.
The PINCHEN family also arrived on the Orleana.
In 1846 Ruth married William PINCHEN.
They had five children born between 1849 and 1859 in Geelong, Victoria.
William 1849, Charles 1850, Jane 1853, Ellen 1855 and Elizabeth 1859.
William must have had health problems as there was the following notice in the Star newspaper of Ballarat in September 1857.
Ruth didn’t stay with William though as records show in 1862 she had her first of six children with John TEASDALE.
Florence born 1862 at Creswick, Victoria.
John Knight born 1864 at Spring Creek, Victoria.
Ruth born 1866 at Happy Valley.
Wallace born 1866 at Happy Valley.
Lucas born 1869 at Linton.
Alice Maud born 1871 Spring Creek.
Ruth PINCHEN married John TEASDALE in 1883.
Ruth died in 1915; death Registration Number 12228
On the 9th of September 1852 in Geelong, Martha KNIGHT married James WHITE.
Witnesses were William and Ruth PINCHEN.
Martha and James had two children, Elizabeth Ann born 6 September 1853 at Ballarat, Victoria and James William born 11 September 1855 at Ballarat East.
On the 6th of September 1863 at Geelong Martha married Henry Phillip MARETT.
They had nine children at Ballarat.
Esther Zitella – 1858
Henry Phillip – 1860
Alfred Thomas – 1861
Jane Amelia  –  1864
Sophia Julia  – 1866
Martha Letitia – 1868
Selena Janvin – 1871
Emily Maude – 1872
Francis James – 1875
Martha’s husband, Henry Phillip MARETT died at Leederville, Western Australia on the 6th February 1905.
Martha died on the 9th of December 1907 at Caulfield, Victoria.
I have yet to find deaths for John KNIGHT and his wife Ann nee LUCAS.

Peter Webster MASON

A further confirmation of the details and death of my 3rd great-grandfather, Peter Webster MASON, was found this week by his great-great-grandson Steve Wakely.
Thanks Steve.

(1892, April 4). The Bendigo Independent (Vic. : 1891 – 1918), p. 2. from http://nla.gov.au/nla.news-article174510836

A nasty experience for young Elizabeth Mason of Myer’s Creek

Elizabeth MASON was born about 1845 in Cupar, Fife, Scotland.
She was the second eldest daughter of my 3rd great grandparents, Peter Webster MASON and Margaret Leslie nee CARSTAIRS.
Peter and Margaret Mason sailed from Plymouth, UK aboard  the “Cheapside”  on the 21st of May 1848. They reached Port Phillip on the 18th of August as assisted immigrants with children Andrew aged 2 and Susan aged 3 months.
Elizabeth did not come to Australia with her parents because she was sick in 1848.  She arrived on the “Ebba Brahe” on 8 Dec 1857 as a Governess.
Peter and Margaret’s next 8 children were born in Victoria.  One being my great great grandmother, Agnes MASON.
Not long after her arrival as a young teenager, poor Elizabeth had a rather nasty experience.

EAGLEHAWK POLICE COURT. (1858, November 23).
Bendigo Advertiser (Vic. : 1855 – 1918), p. 2.,
http://nla.gov.au/nla.news-article87985087
Transcription:
Bendigo Advertiser (Vic. : 1855 – 1918), Tuesday 23 November 1858, page 2

EAGLEHAWK POLICE COURT.

Monday, 22nd November, 1858.

(Before Messrs. L McLachlan, P.M., and

J. Ganley, J.P.)

THE EFFECTS OF THE BOTTLE-John Williams, who has been detained for some time on remand, having been suffering from delirium tremens, the result of his excesses, was cautioned and discharged.

CRIMINAL ASSAULT.- Duncan Robinson, alias McCullum, was brought up on remand charged with feloniously and criminally assaulting one Elizabeth Mason, at Myers’ Flat, on the 17th instant.

Mr. O’Loughlin appeared for the defence. The Court having been cleared,

Elizabeth Mason who is a rather good-looking-girl of about fourteen years of age, but with a peculiar look of slyness and cunning in her physiognomy-deposed that she was the daughter of Peter Mason, a dairyman at Myers’ Creek. Knows the prisoner; on Wednesday morning last, between nine and ten o’clock, prosecutrix was selling milk at Pegleg Gully; was at the tent of a man named Henry, who is living with, or is the husband of Christina Robinson (the sister of the prisoner). The prisoner and another man were sitting in the tent at the time. On leaving, the woman told her to call back at dinner-time for the money. On leaving and going to Sailor’s Gully, there was no one with her. On returning from Sailor’s Gully, between 11 and 12 o’clock, the prosecutrix again called at the tent of the prisoner’s sister to get payment for the milk, she had sold her in the morning. On looking into the tent, she saw the woman lying on the floor. Saw the prisoner come round the corner of the tent, told prosecutrix to go inside the tent, which she refused to do. There was another man with the prisoner.

[The husband of a female witness was found to be tampering with the witness, and endeavoring to drive her off by threats. He was immediately consigned to the logs.]

Prosecutrix then went away towards home. The prisoner came after her and said, ” Come here; I want to speak to you.” Prosecutrix then ran away. The prisoner followed, and caught her about half way between the tent and the schoolhouse. He seized hold of the prosecutrix, who pushed him, and he fell over a stone. The prisoner again got up and followed the prosecutrix, and laid hold of her again. Witness screamed and said to prisoner that she would tell Henry. Prisoner said, ” Will you tell lies upon me:” Prosecutrix was thrown down on her knees. She screamed “Murder,” and said, ” I’ll tell my father.” Prisoner threatened to kill her ” if she told any more lies on him to her father.” She then pushed him off and ran away. After running some distance, the prisoner caught her and stopped her, and prevented her from going into the school-house by saying that he would take her home. Prosecutrix again screamed “Murder!” she called out also, “Mrs. Enright,” and the woman came and drove the prisoner off. She said to him, “What are you doing to the girl ?” Prisoner said “I am driving her home to her father.” Mrs. Enright said to him. .’ Go away, or I’ll break your head ! ” Mr. Enright then took the witness to the tent of a woman named Marshall, and afterwards went to Mrs. Enright’s tent. The prosecutrix, after waiting a few minutes, left for home, and on her road, about half way home, on a bush road, met the prisoner, and another man (John Hunt). The prosecutrix endeavored to reach a tent belonging to Mrs. Richter; the prisoner ran after her, Hunt being left behind; the prosecutrix then picked up a large stone and ran away, the prisoner following; overtook her, and pulled her bonnet or hat off, breaking the ties in doing so; he then seized her, drew the shawl which she was wearing over her head, struck her, and kicked her; she then fell on the ground. [The remainder of the evidence, which is unfit for publication, fully substantiated the capital charge.] Immediately on arriving at home she informed her mother and father of what had occurred.

In answer to the questions of Mr. O’Loughlin she stated that she had on one occasion run away from home, and gone to Barker’s Creek ; that was about three months since ; her friends found her at a public-house. Nothing of any further consequence was elicited.

By the Bench : When she went to Barker’s Creek, she went alone ; she took with her 10s., which she took from a shelf; she went to the Barker’s Creek Hotel to nurse the baby at 10s. per week ; on the second night her mother came for her, and she returned with her; why she left her father’s house was because her father had threatened to beat her for “something.” [After a great deal of pressing and threatening with the pains of’ imprisonment for contumely, the witness admitted that the ” something” was telling lies.] She had been in the colony about a twelvemonth; she came from Cupar, in Fifeshire.

Mary Enright, a widow, residing in Dead Horse Flat, deposed that on the day referred to she saw the prisoner and the prosecutrix together near the road in Pegleg Gully; heard the prisoner say to the girl, ” go on;” heard the girl give the prisoner a stiff answer ; witness gave the prisoner a blowing up. After a long course of malingering, fencing, and prevarication, the threat from the Bench of twenty-four hours imprisonment, brought her to her senses, and she further deposed to a conversation with the prisoner, in which she asked what was he doing with the girl? He said that was nothing to the witness. She said that he should not use the girl so, and chucked a stone at the prisoner, because she saw him handling the girl; witness took the girl home and gave her a drink; she was not crying.

Maria Falcon Egan deposed that she knew the prisoner and the prosecutrix; on Wednesday she heard the cries of a girl in the bush, it was a cry of lamentation, not of murder, and afterwards saw a man pushing the prosecutrix about; she could not with certainty identify the prisoner as that man ; she eventually swore to the prisoner as being the man; the girl came down about five minutes afterwards with Mrs. Enright; the girl had been crying; told witness that a man had been pulling her through the bush, and had asked her to go home with him; a little girl, named Dolly Wright, came and told the prosecutrix that two men were watching for her; Mrs. Enright promised to see the girl safe home, and prosecutrix and she went together.

The case was at this stage remanded till Thursday, for the production of the witness Dolly Wright.

http://nla.gov.au/nla.news-article87987592
Transcription:
Bendigo Advertiser (Vic. : 1855 – 1918), Friday 26 November 1858, page 3

EAGLEHAWK POLICE COURT.

Thursday, 25th November, 1858.

(Before Mr. L. M’Lachlan, P.M.)

DRUNKENNESS.—Two persons were fined five shillings each on this charge ; and another, who pleaded that the heat of the weather on Monday last had made his head bad, was fined one shilling.

RAPE —Duncan Robertson, who had been remanded from Monday on a charge of criminally assaulting Elizabeth Mason, was again brought up. Mr. O’Loughlin defended the prisoner. The following additional evidence for the prosecution was taken,

Janet Ann Wright, a little girl ten years of age, deposed that on a day last week (witness could not recollect distinctly which day) she was near Mrs. Falcon Egan’s house, in Pegleg Gully, when she saw the prisoner chasing the prosecutrix amongst the bushes, and push her down. She saw Mrs. Enwright (another witness) take up a stone, and throwing it at him tell him to let the girl alone. He answered that she had nothing to do with the girl.

Eleanor Marshall deposed that she was in her own tent with Mrs. Egan 0n Wednesday week last, when hearing an unusual noise outside the tent they went to the door, and saw the prisoner darting past through the bushes. Shortly afterwards Mrs. Enwright and the prosecutrix came into the tent. She appeared as if she had been crying.

Margaret Mason, the mother of the prosecutrix, deposed that she left the house on the morning of Wednesday week last, shortly after six o’clock, to go to Pegleg Gully with some milk, which she was in the habit of taking round to the customers. When she returned, about twelve o’clock, sha was greatly agitated and crying. From information which her daughter communicated to her, witness examined prosecutrix, and found indications of her having been violently abused. She did not take her to a medical man that day.

Dr. Sorley deposed that ho examined the prosecutrix on Thursday, tho 18th inst., but found no particular marks of violence. The prosecutrix had arrived at the age of womanhood six months since. He was of opinion that the chastity of the prosecutrix had been violated previously, There were no indications of recent violence.

Senior Constable A’Hern, stationed at Myer’s Flat, stated that when he took the prisoner into custody, at Fletcher’s Creek, he resisted in a violent manner, and it was only with the assistance of another constable that ha was secured and conveyed in a spring-cart to Myer’s Flat Police Station.

The prisoner, who reserved his defence, was committed for trial at the next Circuit Court.

CIRCUIT COURT. (1859, March 11).
Bendigo Advertiser (Vic. : 1855 – 1918), p. 3.,
http://nla.gov.au/nla.news-article87987592
Transcription:
RAPE.
Duncan Robinson was informed against for having criminally assaulted Elizabeth Mason, on the 17th November.

Mr. O’Loughlin appeared for the prisoner.

The counsel for the Crown, in opening the case, said that they had been unable to obtain the presence of one of the witnesses for the prosecution (Mrs. Enwrigbt.) They had subpoenaed her, but she could not be found. After stating the case, he called Elizabeth Mason, the prosecutrix, a girl about 14 years of age, who deposed that she lived with her father at Myers Creek, who was a dairyman.
On the day mentioned in her information she went to the tent of a Mrs. Henry, where the prisoner’s
sister stopped. When she returned to Mrs. Henry’s, about twelve o’clock, to get paid for the milk she had left in the morning, and was leaving, the prisoner came round from the back, and after
asking her to go inside the tent, and on her refusing he followed her. She walked away fast, and he overtook her and laid his hand on her shoulder.

She told him to let her alone, or she would tell his brother-in-law. He threatened to knock her head off if she did. He would not let her go, and she gave him a knock and pushed him away, when he fell. She ran away, and prisoner ran after her, and again overtook her. She called out to a Mrs. Enwright, whom she saw. and she coming up, took up a stone, and throwing it at prisoner, told him to let her (prosecutrix)
alone. She went to Mrs. Enwright’s tent, and after staying about ten minutes she left, and again saw the prisoner, who again ran after her, and overtaking her committed the criminal assault upon her. This was in a place between her father’s place and Dead Horse Flat.

By His Honor : No one had ever used her in a similar manner before this occurrence.

Cross-examined by Mr. O’Loughlin : A man named John Hunt was with prisoner when she met him the second time. [The prosecutrix was submitted to a searching cross-examination, in order to show compliance on her part, which she, however, denied.] She had once ran away from home, and gone to Barker’s Creek. She did so because her father threatened to beat her. It was not for telling lies.

The depositions of the prosecutrix were read, but did not show any very material discrepancy with her present testimony, except that on that occasion she stated to the Bench that her father had threatened to beat her for telling lies, which was the cause of her running away.

His Honor remarked that the depositions were taken in the most careless manner possible, as were all that came before him In that Court.

There was no telling by them what a witness did say.

By a Juror: She did not leave her father’s house four months ago, and take shelter in a farm house near Bullock Creek.

The Juror wished a witness sent for, who would prove that she was not telling the truth in this instance. The witness was accordingly sent for.

Mary Falcon Egan deposed that she saw the prisoner running after, the girl and knock her down amongst the bushes. She was standing at her tent door

By Mr. O’Louglilin: She had never seen the prisoner before that occasion. She was rather short-sighted, but she had a glass which she used on that occasion.

Janet Ann Wright, a girl ten years of age, who was with the prosecutrix when they first met the prisoner, stated she saw him chasing prosecutrix through tile bushes. She saw Mrs. Enwright throw a stone at prisoner for running after the prosecutrix.

Margaret Mason, the mother of the girl, deposed to having examined the prosecutrix, in consequence of a complaint she made on her return home, and finding indications of her having been treated with great violence.

Dr. Sorley, of Eaglehawk, who examined the girl on the 18th of November last, gave medical testimony to the effect that if the criminal assault had been committed, it was not accompanied with violence. With a girl of that age, the assault might have been committed without leaving any traces of violence.

James Shine (the witness spoken of by the juror), was called, and, on the prosecutrix appearing, he stated that he believed the girl, whom himself and wife had sheltered about four months ago at Bullock Creek, wa3 tho same. He could not, however, swear to it. She stated then that her name was Mason, and that her father kept cows, and lived at Myer’s Creek. They sheltered her for a week.

The prosecutrix, in answer to His Honor, denied ever having seen the witness.

This was the case for the prosecution.

Mr. O’Loughlin having addressed the jury for the defence, called John Hunt (at present under sentence for a robbery committed in company with the prisoner on the same day as that on which the present alleged offence was committed), deposed that when they met the prosecutrix, prisoner, after enquiring of her if she was going home, asked her to give him a kiss, but added, that he supposed she would be telling her father. She replied, that
there was no b-y fear; she was not that b-y flat. He was in company with prisoner all day, and saw nothing of the offence sworn to.

The Crown Prosecutor replied at considerable length; and His Honor having summed up, the jury, after an absence of about twenty minutes, returned a verdict of guilty.

Sentence of death was recorded; His Honor stating that, while his life would be spared, he would confer with the Executive Government, as to the amount of punishment his crime should receive.

Stay tuned for the rest of Elizabeth’s story to be told by her great-grandson, Steve Wakely who has done extensive research and shared many family stories.