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Saturday, February 6, 2010

THIS IS THE ENTRY MADE BY
GEORGE MAWBEY and ANN WILLIAMS
IN THE MARRIAGE REGISTER
AT ST PHILIP'S CHURCH OF ENGLAND
CHURCH HILL, SYDNEY

AT THEIR WEDDING ON
24 JULY 1838
This photograph is copyright.
(C) Pamela Mawbey 2010
The handwritten record says: GEORGE MAWBEY of this parish (St Philip's Sydney), publican and a bachelor and ANN WILLIAMS of this parish, a spinster, were married in this church by bans with consent of father this 24th day of July in the year 1838. By me, WILLIAM COWPER, chaplain, in the presence of W WITHERS [to me it looks like a different name, like Wedress] of Sydney and Sarah KEEN (mark) of Sydney.
*
I took this photo of the marriage record at St Phillips Church, Sydney using a pedestal lamp I carried from home in the train in order to get enough light.
The photos of paintings of the older St Phillips and of Rev William Cowper were taken at the same time.
*
One of the witnesses, Sarah Keen, died 18 years later in 1856.
An inquest was conducted on 11 November 1856, but no cause of death was recorded.
*
There are two deaths of a Sarah Keen recorded in NSW BDMs for 1856:
Born in St George to Francis and Sarah Keen.
Born in Maitland to William and Ann Keen.


This photograph is copyright.
(C) Pamela Mawbey 2010
THIS WAS THE CHURCH
IN WHICH
GEORGE MAWBEY MARRIED ANN WILLIAMS
ON
24 JULY 1838
IT WAS
THE FIRST
'ST PHILIP'S'
CHURCH OF ENGLAND
BUILT ON CHURCH HILL, SYDNEY.
MADE OF STONE, IT WAS DEMOLISHED
BECAUSE IT WAS STRUCTURALLY UNSOUND
AND REPLACED BY ANOTHER STONE CHURCH
OF THE SAME NAME
FURTHER UP THE HILL
WHICH IS STILL STANDING TODAY.


This photograph is copyright.
(C) Pamela Mawbey 2010
THIS WAS THE MAN
WHO MARRIED GEORGE MAWBEY and ANN WILLIAMS
THE VENERABLE WILLIAM COWPER
FIRST AND ONLY RECTOR
OF 'OLD' SAINT PHILLIP'S, SYDNEY
[The two above paintings are in the St Philip's Church rectory.]

The first Anglican church in Australia, built of wattle and daub, opened on 25 August 1793 and burnt down five years later on 1 October 1798.
There is a monument to it on the corner of Bligh and Hunter Streets, Sydney.
It was built on the side of a hill, and its replacement was built on another, on the other side of a valley.
*
Its replacement, a stone church named St Philips (located in what is now Lang Park at the Sydney Harbour Bridge end of York Street) opened in 1810.
It was typically Georgian in style but has unusual architectural elements like the turret (church tower) on one side and what appears to be an observatory on the other.
*
There was a large, prominent clock on the front of the turret which seems unusual these days.
No doubt it helped many couples getting married to get to the church on time.
*
Looking at this clock reminded me that clocks on buildings used to be much more prevalent than they are today. There has been many a time when I have not been able to find one when I have been in a hurry to get somewhere when walking through the streets of Sydney.
As a child I recall being particularly fascinated by the majestic one on the GPO (General Post Office) in Martin Place.
*
The Reverend William COWPER (1778-1858) was the rector of the parish of St Philip (1809-1858) and Archdeacon of Cumberland and Camden.
He laid the foundation stone for the second St Philips, located on the other side of York Street, on 1 May 1848.

It was not consecrated until 1856 because of labour shortages caused by gold rushes.
[Source: St Philips Anglican church, Sydney and website]
*
The church was named 'St Philip's' as a tribute to Captain Arthur Phillip RN who commanded the First Fleet and became the first governor of the colony of New South Wales.
But for some unknown reason, the spelling of the name was not the same, with one 'l' used for the church instead of two as in the governor's surname.

Thursday, February 4, 2010

MAWBEY COURT CASES



This photograph (C) Pamela Mawbey 2010
Please acknowledge my copyright if reproduce
Sydney Supreme Court,
Cnr King & Elizabeth Sts
Sydney
2010

SUPREME COURT, SYDNEY, 10 and 21 August 1837
English-born GEORGE MAWBEY was a witness for the Crown in the matter REX v. ONIONS in the Supreme Court of New South Wales, presided over by Acting Chief Justice DOWLING, on 10 August 1837.
The issues arising were malicious
prosecution, civil procedure, imprisonment for debt and perjury.
It was argued that SAMUEL ONIONS had unjustly caused JOHN RAINE to be arrested and held on bail on the false claim that he was indebted to him to the sum of 20 pounds.
Mr RAINE, a public notary, claimed he had applied to Samuel ONIONS, of King-Street, ironmonger, to supply him with agricultural implements in February 1834.
He had also given him some jointers (carpenters planes) and old cast-iron mill work to sell and credit against his account.
Someone else then brought a libel case against Mr RAINE for which he was fined and imprisoned.
When RAINE got out of gaol, Onions accused him of owing him 20 pounds.

GEORGE MAWBEY, Mr Onion's clerk, was called to depose that the jointers and ironwork had not been disposed of at the time he left the employ of ONIONS on 10th January last. He said he had always understood they were left there to be sold on commission.
Two months before the trial got underway, a couple of letters pertaining to the matter had been published in Sydney newspapers:
The Sydney Gazette and New South Wales Advertiser, 13 June 1837
Advertisement. To the Editor of the Sydney Gazette.
On reading last Friday's Australian, I observed a letter signed ALFRED AUSTIN relative to my Advertisement Thursday last in which he states he was the author of giving notice to the public for the Sale of my Articles "and he does not think Mr ONIONS was aware of it".
In reply, I beg leave to state Mr AUSTIN did call I believe on the 24th or 25th May last, saying he had a demand against me for eight pounds from Mr ONIONS;
I told him I would see the party myself.
On the same day I had occasion to go to the bottom of BRICKFIELD HILL when I saw Mr Onions at the corner of Hunter Street who said has my collector called for the amount of the bill I hold of yours; I told him "yes, about an hour ago" but I will settle it in a few days to which Mr O replied he shall not call again (the Collector), but he shall expose you in the Newspapers and the articles shall be advertised for sale.
I do also perceive in another column of the same newspaper, a letter signed G MAWBEY, formerly clerk to the said Mr Onions, stating that I came with a pitiful tale, asking for the loan of eight pounds, which I totally deny, for I only asked for seven pounds at first and Mr ONIONS was "kind enough" to charge me one pound as interest for 14 days which I gave him as I before stated my acceptance for eight pounds;
also I insisted on leaving as collateral security the articles of jewellery; with respect to the part of Mr G M's letter, I will leave it to the public to form their own opinion how far it is consistent that I should insist on leaving my articles independent of giving my acceptance;
he further states they were accordingly "booked" in the day book;
if so, why did Mr ONIONS refuse to give me an acknowledgement, stating the number of articles left; he has also stated with regard to interest he thinks Mr Onions never received any;
let him ask Mr O if the very watch key now attached to his watch is not the same key I gave him, forming one of the articles he received which I enumerated on account of interest therein;
and should .... By your giving the above a place in your columns, in reply, will much oblige.Mr Editor, Yours obediently, LEWIS JOSEPH. June, 10, 1837.
[Source: http://nla.gov.au/nla.news-article2211376]

The Australian, Friday 9 June 1837
CORRESPONDENCE
To the Editor of The Australian
SIR, - With reference to the advertisement which appears in the Sydney Gazette of the 8th instant, bearing the signature of "Lewis Joseph", relative to some jewellery that was left in charge of Mr Onions for security for money advanced to Mr Joseph, and in reply I have to state for the information of the public that the whole of the production alluded to is a complete tissue of falsehoods from beginning to end, as I was clerk to Mr Onions at the time Mr Joseph came to Mr Onions with a pitiful tale, almost begging for the amound of 8 pounds, and which Mr Onions was kind enough to advance him.
At this time Mr Joseph insisted on leaving as collateral security the following articles of jewellery, viz: four eye glasses, two coral necklaces, two pair of ear rings, and seven brooches, all of which I duly entered in the day book, which can be inspected by any one, as to that particular fat, so that that part of Mr Joseph's advertisement as regards the quantity of articles is a most palpable falsehood.
As to the interest on the occasion, I am inclined to think Mr Onions never received, as he would be very glad to receive the principal only.
G. MAWBEY, Late Clerk to Mr S Onions, George-street, June 8, 1837.
[Source: http://nla.gov.au/nla.news-article xxx]

COMMENT
When I originally made this post, The Australian newspaper was in the process of being digitalised and was not available.
A copy was sent to me in February 2011 by a descendent of the Candy family, one of whom was married to a Melbourne Mawbey.
CLICK ON LINK - MacLaw-Mawbey TO SEE COURT TRANSCRIPT
For more about Samuel Onions, click on his page in the right sidebar of this blog.
The following year he sold the 812 acre estate to ENOCH RUDDER from Birmingham who called the area 'Kempsey' after Kempsey on the Severn in Worcestershire, England.
[Source: Macleay River Historical Society Inc., 'Walks in History - East Kempsey'.]

 

THE ENTRANCE TO
THE ORIGINAL SUPREME COURT BUILDING
ON THE CORNER OF KING & ELIZABETH STREETS, SYDNEY
WHERE GEORGE MAWBEY
GAVE EVIDENCE
IN AUGUST 1837

The Supreme Court of New South Wales was originally intended to be housed in the building next door that is now St James Church of England. The construction of the Supreme Court building had been initiated by Governor Lachlan Macquarie, but his bete noir, Commissioner Bigge, made him convert it into a church.
Coincidentally, Bigges' brother-in-law, who arrived in the colony three years later, was the first minister at the new church which was dedicated to St James!
Was that a bit of nepotistic 'forward planning' on Bigges' part?
[Source: Lawlink NSW website]

OTHER MAWBEY COURT CASES
The Argus, Melbourne, 29 May 1853
William MAWBEY charged driving a dray with no number on it but discharged.
The Sydney Morning Herald, Saturday 27 April 1867
Central Police Court.
WILLIAMS v MAWBEY proceedings under the Tenants Act were granted.


The Sydney Morning Herald, Thursday 23 August 1894
GEORGE MAWBEY, a contractor, of Ann-street Surry Hills, was charged in the police courts of having caused his horse to be cruelly ill-treated by permitting it to be worked whilst lame in the foreleg.
The case was brought by an inspector to the Society for the Prevention of Cruelty to Animals.
Defendant was fined one pound, with costs; in default, seven days imprisonment.
[Source: http://nla.gov.au/nla.news-article13965066]

COMMENT
This would have been George (II) Mawbey, younger brother of John Thomas of Breelong and son of George (I) and Ann Mawbey, and my great uncle.
He was aged 36 at the time.

Tuesday, February 2, 2010

MAWBEY / MAWBY CONVICTS

When I started this MAWBEY FAMILY AUSTRALIA blog a couple of weeks ago, I did not know there were any convicts transported from England bearing the name MAWBEY. I have since found TWO with that spelling and one spelt MAWBY.
One Mawbey, Joseph (aka John) landed in Tasmania and the other, William, in New South Wales.
The Mawby landed in Tasmania and became the forbear of the Tasmanian Mawbeys.
*
1. Joseph (aka John) MAWBEY, a boy transported to Van Diemen's Land (Tasmania) from Britain for 14 years, when not known, and then in 1835, transported for a further 7 years to an unknown secondary penal colony for local misdemeanors (stealing shoes) committed in the colony; [see MawbeyFamilyAustralia-Tasmania blog]
*
2. William MAWBEY, a man aged around 30, transported for 7 years to New South Wales, arriving 1840; [see Mawbey Family Australia-Victoria blog]
*
3. John MAWBY, a teenager aged 18, transported to Van Diemen's Land for 10 years for burglaries in Northampton including theft of a copper tea kettle. [see Mawbey Family Australia-Tasmania blog]
 *
I later discovered that there were others with what could have been variant spellings of the Mawbey surname:
1. Joseph Moorbee, transported to New South Wales
2. Ann Morby, transported to Tasmania.
*
He could have been sent to one of two secondary punishment colonies - Norfolk Island or Moreton Bay.
Alternatively he may have gone to Point Puer, a special settlement set up near Port Arthur in Van Diemen's Land to rehabilitate young male convicts.

WILLIAM MAWBEY
Convicted of stealing a cloak at Surrey Quarter Sessions; sentenced for a term of seven years, the standard sentence for transportation; left England 10 October 1839; arrived in New South Wales 1840; one of 230 male convicts on board the ship Woodbridge.
He was born c.1808 in Surrey, England; occupation butcher; married, Protestant, 5 ft 6 1/4 inches tall.
No former convictions.
[Source: State Library of Queensland, Convict Transportation Registeries Database]
He was granted a Certificate of Freedom.
[Source: NSW State Records Index to Certificates of Freedom]

JOHN MAWBY
Arrested for theft of a copper tea kettle and previous burglary and housebreaking offences in the Northumberland area with accomplices William York, John Tunnel and John Whitsey.
Tried at Lancaster Salford Assize 21 October 1841 and sentenced to transportation for 10 years.
He spent time on a hulk with accomplices York and Tunnel.
Embarked from Spithead 17 March 1842 on the Candahar and arrived in Van Diemen's Land (Tasmania) on 21 July 1842. [AOT says embarked 2 April 1842; QSR says 26 March 1842]
His religion was Protestant and he could read and write.


JOHN MAWBY
PHYSICAL DESCRIPTION
SEE HANDWRITTEN ORIGINAL IN LOGBOOK (p.226)
@ LINKS - Tas Archives-MAWBY

Trade - Brickmaker
Height (without shoes) - 5ft 11 inches; Age - 18;
Complexion - fresh; Head - oval;
Hair - black; Whiskers - none;
Visage - round; Forehead - low narrow;
Eyebrows - black; Eyes - ditto;
Nose - small; Mouth - ditto;
Chin, broad; Native place,
Northampton.
Remarks (tatoos) - freckled sailor with flag bottle and glass J + MJ + H on ... arm; woman holding flower E x MM+B on left arm.

[Source: Archives Office of Tasmania]

He was granted a Ticket of Leave on 3 August 1847.
He was granted a Certificate of Freedom on 21 October 1851.
On 29 November 1852 he sailed from Launceston to Melbourne steerage class on the Yarra Yarra. [Source: Tasmanian Archives Office - Departures.]

He then appears to have returned to Tasmania and reoffended ...

The Colonial Times, Hobart, Tuesday, 7 October 1856
Monday 6 October, Thomas Dobson and JOHN MAWBY were placed on trial for the burglary at the house of Morton Allport, on the night of 25th August.
They pleaded not guilty.
Mr Brewer appeared for the prisoner, MAWBY.
Witness Mrs Allport deposed she saw MAWBY whilst sitting at a window seeking employment as a sweep with her servant.
She also saw him 'surveying with apparent interest' the area of the house where the break-in occurred. On 27 August, MAWBY pawned an overcoat at a pawnbroker in Argyle-street in the name of Smith. Next day he went back and pawned a hat in the name of MAWBY.
[Source: http://nla.gov.au/nla.news-article2505561]

An alibi for John MAWBY was provided by Samuel Barker, of New Town, a brickmaker, who had known the defendant for nine years.
He claimed MAWBY had been at home at the time of the alleged burglary.
John MAWBY was tried at Hobart Town on 28 October 1856.
The jury found him guilty.
It appears that he was sentenced to a further 10 years of penal servitude at PORT ARTHUR gaol, but this needs to be checked.