JAMES McEVOY, merchant tailor, Pitt Street, Sydney, NSW
CAPTAIN EDWARD GOLDSMITH, master, Parrock Hall at Sydney, 1844
The Garment District, Sydney 1840s-1880s
Drapers, tailors and outfitters were well established along Pitt Street, Sydney between King and Market Streets from the 1840s to the 1880s in a city block that included the popular Royal Victoria Theatre at No's. 243-247 Pitt Street. Their stock-in-trade was primarily fine fabrics imported from England on board merchant barques such as those commanded by Captain Edward Goldsmith. He brought well-heeled passengers and their luxury goods to the Australian colonies on the Wave, the Parrock Hall, the Angelina, the Janet Izzat, and his favorite, the Rattler from the 1830s to 1852, arriving in early summer and departing two months later for London, fully laden with a cargo of wool, bone, and oil. One beneficiary of goods arriving on board the Parrock Hall in 1844 was merchant tailor James McEvoy.
[227 to 267 Pitt Street, Sydney]
CALL NUMBER SPF/579
DATE undated [ca. 1875]
Includes the premises of bookseller, Thomas R. Yeo; Importers & warehousemen, Alcock Brothers; Mutual Fire Office (no.235); Victoria Theatre
State Library NSW Link: http://archival.sl.nsw.gov.au/Details/archive/110316985
The building on extreme left, advertising Emily Way's business, "E. Way, Draper", on the wall facing north in this unattributed photograph taken ca. 1875 was situated at No. 263 Pitt Street, according to Percy Dove's plan of Sydney (below) published in 1880. But was it next door to Albert House? In 1840, the location of Albert House was advertised by Hume and Co. Tailors and Clothiers at No. 86 Pitt Street when bespoke tailor James McEvoy became their "successor". Yet when James McEvoy advertised his business in 1841, the address he gave of Albert House was "nearly opposite the theatre", so whatever he meant by "opposite" is not clear from the 1848 drawings by Joseph Fowles or the later 1880 map by Percy Dove (see both below).
To confuse matters further, James McEvoy advertised his address in 1845 as Albert House, No. 261 Pitt Street. If, by 1845, the building called Albert House (named after Queen Victoria's consort Prince Albert, no doubt) was located at No. 261 Pitt Street, it is just visible at extreme left of the photograph (above) either as the building carrying the "E. Way, Draper" sign at No. 263, or a smaller building next to it, near but not opposite the Victoria Theatre with two street frontages at No's 243-247 Pitt St. and quite clearly on the same side of the street. Percy Dove's plan of the city, Map 9 which names business premises between Pitt and George Streets, and King and Market Streets ca. 1880 shows a dozen drapers, tailors and outfitters operating from premises around the Royal Victoria Theatre at 243-247 Pitt Street.
By H Percy Dove Contributed By City of Sydney Archives [CRS150/9]
(Plans of Sydney (Doves), 1880: Map 9 – Blocks 24, 25, 26 (detail))
Detail of map of Sydney showing buildings running between George and Pitt Streets, between King and Market Streets 1880
Link: https://dictionaryofsydney.org/media/64501
Full size, Map 9
By Joseph Fowles
From the collections of the State Library of New South Wales [Dixson Reading Room Q84/56 c.9]
Above:
(Detail of Plate 30a, 'Sydney in 1848 : illustrated by copper-plate engravings of its principal streets, public buildings, churches, chapels, etc.' from drawings by Joseph Fowles)
Detail of Pitt Street showing Victoria Theatre 1848
Below: Buildings on the opposite side - William the Fourth, Kings Arms on corner
Link: https://dictionaryofsydney.org/media/58416
Pitt Street, Sydney 1848. Buildings facing the Victoria Theatre.
Link: https://dictionaryofsydney.org/media/58416
Merchant tailor James McEvoy
The Pitt Street Uniting or Congregational Church is possibly the only structure remaining to the present day from the time James McEvoy first set up business nearby in Pitt Street at Albert House in 1841. The church building was designed by John Bibb and built from 1841 to 1846. The location of Albert House, according to the lavish advertisement (below) of James McEvoy's was "nearly opposite the theatre" though what he meant by "opposite" is not clear.
Pitt Street Uniting Church, Sydney, NSW
Google map 2016
1841: James McEvoy, successor to Hume and Co.
Flaunting the wealth of his social connections to the nobility and gentry was of utmost importance to James McEvoy. He spared no expense in 1841 when publishing a cartoon of a young man modelling early Victorian formal attire to precede his credentials. He claimed former employment as foreman to the top Savile Row, London bespoke tailors, Stultz and Co., and having recently arrived in Sydney, it appears that he succeeded to the business of Hume and Co. during a tailor's strike amidst claims of duplicity against Messrs Hume by certain "puffers" which appears to have provoked their decision to decamp to regional Maitland and Windsor, NSW. In this statement from Messrs Hume and Co, the address they advertised for Albert House was No. 86 Pitt Street!
TRANSCRIPT
WHERE TO GET A GOOD DRESSING - ALBERT HOUSESource:Sydney Herald (NSW : 1831 - 1842), Thursday 12 November 1840, page 1
MESSRS HUME AND CO, take the present opportunity of returning their sincere thanks to those who have so extensively patronised them since their commencement in business, and in so doing beg to solicit a continuance of their patronage assuring them that then orders will ever be punctually attended to, and not only will they furnish the best materials, but also that they will be well and elegantly made up, and that in the first style of fashion, and in stating this, Messrs Hume and Co do not fear the charge of duplicity being brought against them, as they are all tradesmen whose experience enables them not only to select genuine articles, but to superintend their being made up, and are not therefore compelled to transfer the confidence placed in them to assistants of inferior ability, as is the case with certain puffers of misfit and slop clothing that are now being sold, and who, by the way, since the tailors' strike have taken to writing verses on clothes made to sell and not fit to wear. And whilst the present advertisers feel grateful for the patronage they have received, their patrons are assured that they will not "touch the lyre" but keep to their actual tailoring, which his gained for them a sunshine of approving smiles, and has thrown in the shade the hazy forebodings of failure that must ever haunt the man who has embarked on a business which he knows nothing of, so many of whom disgrace the trade at the present moment.
Messrs Hume and Co beg to inform the Hawkesbury district, that in consequence of numerous applications, they have opened a Branch establishment in George-street, Windsor, where they can get every thing in the Tailoring Trade on the same economical principles as in Sydney, and for the information of those unacquainted with our low charges, we subjoin a list of prices of our summer goods: -
Superfine Cashmere Frock Coats, any colour, £3 10s .
White Quilling Jeans and Drill Jackets, from 16s to £1.1s
Valencia and Light Waistcoats, from 16s. to 18s
Drill or Jean Trousers, from 16s to £1.1s
Prices for other clothing as formerly advertised
MESSRS HUME & CO,
Tailors and Clothiers, 86, Pitt-street, Sydney, and at George-street, Windsor 2853
Source: Sydney Free Press (NSW : 1841 - 1842), Saturday 11 December 1841, page 4
TRANSCRIPT
FASHIONABLE TAILORING AND DRAPERYSource:Sydney Free Press (NSW : 1841 - 1842), Saturday 11 December 1841, page 4
ALBERT HOUSE, PITT-STREET,
Nearly opposite the Theatre.
JAMES M'EVOY,
(Late Foreman to STULTZ. and CO., London , and now Successor to HUME and CO.,)
BEGS to apprise his numerous friends and the public generally, that he is opening an Establishment at the above address in the Tailoring and Drapery Business. Having laid in a very varied and extensive Stock, selected from the best manufacturing districts in England, which comprises every description of Cloth, Kerseys, Vestings, Drills, &e., &c., of fine fabrics and new patterns, the whole of which he has purchased for READY MONEY, he is determined to do business at prices so very advantageous to the public as have hitherto been unknown in the colony ! In the Tailoring Department, which will be carried on under his own particular inspection, and from his having engaged some first rate workmen from London, gentlemen favouring J. M'E. with their commands may rest assured of being suited with the most fashionable style of cut, the neatest workmanship and with the utmost DESPATCH. J. M'E. is convinced that a single trial of his establishment will be sufficient to assure the purchaser of the excellence of the goods, and the extraordinary low prices which are there to be met with. J. M'E. declines publishing a long scale of prices, but will rest his claim for patronage and support on the sound understanding and good taste of a discerning public. Family Mourning executed in. time for funerals. December 9.
1844: arrival of goods on the "Parrock Hall"
No doubt bespoke tailor James McEvoy counted amongst his clientele the many famous performers and patrons of the Royal Victoria Theatre at 243 Pitt Street such as Madame Marie Carandini. She first performed at the Victoria in April 1845, singing excerpts from opera in a season of variety concerts. She had arrived at Sydney from Hobart, VDL (Tasmania) on board the Water Lilly with one of her daughters on 6th November 1844, the day after the arrival of Captain Edward Goldsmith on the Parrock Hall.
Source:The Bee of Australia (Sydney, NSW : 1844) Sat 9 Nov 1844 Page 3 Shipping News.
TRANSCRIPT
5. .— From London 22nd July, via Portsmouth the Parrock Hall, 425 tons, E. Goldsmith, master, with merchandise. Cabin passengers — Mrs Campbell, Mrs. R. Campbell and four sons, Mr Fotheringham, Miss Jephson, Miss House and sister, Miss Wright, Mr. W. S. Hay, Mr. W. Hunt, Mr. Nowland, Dr. Morse, Mr J. Jones and Mr. Turner; steerage— Mr Bartlet, wife, and two daughters, and Mr. Anderson.
Nov. 6.— H M S Vestal , 26 guns, Charles Talbot, commander, from Monte Video 16th August, Cape of Good Hope 19th September, and Hobart Town the 1st instant.
6. — The schooner Water Lilly, 155 tons, Hayle from Hobart Town the 30th ultimo with sundries Passengers, Mrs Carandini and child Messrs.: Richard Dunsmore, James Rawlins, Phillip Smith, Henry Fowler, James White, and Joseph Jostage.
The Carandinis, Marie Carandini (on right) one of Australia's first opera performing families, ca. 1875
Photographer Charles Hewitt (attributed)
State Library of New South Wales
Link: https://www.flickr.com/photos/statelibraryofnsw/3293959164/
1844: Daniel O'Connell and the rights of mankind
James McEvoy was among the many supporters who signed a petition in November 1844 addressed to the Mayor of Sydney, wishing to express their sympathy with the Irish "Liberator", the first Catholic Member of the British Parliament, Daniel O'Connell who was imprisoned for holding "monster meetings" in all parts of Ireland, hoping to dissolve the Anglo-Irish legislative union. He was arrested for seditious conspiracy, but released on appeal after three months’ imprisonment with payment of a large fine.
TRANSCRIPT
STATE TRIALS !!!Source: Morning Chronicle (Sydney, NSW : 1843 - 1846) Sat 23 Nov 1844 Page 3 Advertising
To the Right Worshipful the Mayor of Sydney.
WE, the undersigned, Inhabitants of the City of Sydney, respectfully request that you will be pleased to convene a Public Meeting of the Citizens, at the City Theatre, for the purpose of affording us an opportunity of expressing our sympathy with Daniel O'Connell, Esq., M.P., and the other defendants, who have been sentenced to imprisonment, and the payment of large fines, for advocating the rights of mankind, without distinction of creed, class, or country.
1845: sale of goods ex "Parrock Hall"
James McEvoy advertised luxury imported cloth, apparel and crest buttons for the "aristocracy and gentry of Australia" from his premises at Albert House, 261 Pitt Street, Sydney. In this advertisement, of 11th January 1845, he informed patrons he had just "opened, ex Parrock Hall, a splendid description of goods". Whether his acquisition of these goods was by direct order as a consignee of the shipment which arrived at Sydney under the command of Captain Edward Goldsmith on November 5th, 1844, or whether James McEvoy purchased the goods from middlemen such as Captain Goldsmith's agent Robert Towns through wholesalers and auctioneers, is not clear from the Parrock Hall's consignment cockets, manifest or list of imports published in the Sydney Morning Herald on 6th November 1844 (see Addenda below). Whatever the circumstance, James McEvoy seemed most pleased by "the liberal patronage bestowed upon him" in this advertisement of his purchase from the Parrock Hall which included the following: -
James McEvoy, consignment ex Parrock Hall
Source: Morning Chronicle (Sydney, NSW : 1843 - 1846) Sat 11 Jan 1845 Page 1 Advertising
TRANSCRIPT
ALBERT HOUSE,Source: Morning Chronicle (Sydney, NSW : 1843 - 1846) Sat 11 Jan 1845 Page 1 Advertising
PITT-STREET.
JAMES M'EVOY, in returning thanks to his friends and patrons for the very liberal patronage bestowed upon him since his commencement in business, hastens to inform them that he has just opened, ex Parrock Hall,, a splendid description of goods, consisting of -
First rate West of England blue and black cloths
Buckskins, black and white check cassimeres
The most splendid description of shawl pattern vestings
Washing satins, and silk velvets
Figured and plain satins, for scarfs or waitscoats
Corded silk ditto, buff cassimeres
An immense assortment of ducks and drills, unequalled in the colony for strength and durability
And a most splendid assortment of cloths and trimmings for ladies' riding habits.
J. M. also begs to inform the aristocracy and gentry of Australia, that he has in his possession a collection of
LIVERY BUTTONS,
With crests belonging to the leading families in New South Wales; and being the only holder of the above in Sydney, he feels proud in asserting that no other house can furnish them. He also respectfully offers his services in procuring from England any crest button which may be attached to a family, at a trifling expense.
January 1 .
Six months later, James McEvoy was again thanking his patrons for their support. In this advertisement (below) dated 24 June 1845, he alerted readers to his recent hiring of the first-rate cutter, Mr. Robert Dunn. He added the designation "Merchant Tailor" to his business credentials too, intimating membership of the Merchant Taylors´ Company, one of London's Great Twelve City Livery Companies, founded in 1327 as a religious and social fraternity for tailors and linen armourers.
Source: Morning Chronicle (Sydney, NSW : 1843 - 1846) Wed 9 Jul 1845 Page 1 Advertising
TRANSCRIPT
ALBERT HOUSE,261, PITT-STREET,
ESTABLISHED 1843.
TO THE NOBILITY, GENTRY, AND THE COLONISTS OF NEW SOUTH.WALES GENERALLY.
JAMES M'EVOY, Merchant Tailor, begs to return his sincere thanks for the patronage with which he has been favoured since his commencement in business, and which he hopes, through strict attention to the various departments of his trade, to continue to deserve.
J. M'E, begs also to intimate, that he has concluded an engagement with Mr. Robert Dunn, (late Foreman. for· the last twelve years to Mr Pendray,) as Foreman and Cutter to his Establishment, and from whose well-known reputation as a first-rate "Cutter,"' combined with his own personal attention to all orders, the most pleasing results are anticipated.
J. M'E, in conclusion, respectfully solicits an inspection of his varied and well selected stock of "Real West of England Cloths" which, for variety of shade and beauty of texture, cannot be excelled by any house in the Colony.
His stock of waistcooatings will be found most rich and varied, consisting of velvets, rich shawl vestings, plain and figured satins, corded silk- ditto; a splendid description of goods for trousers, consisting of buckskins, doeskins, black and white check cassimere, milled kerseymeres, for riding trousers. Also, a splendid assortment of cloths and trimmings for ladies' riding habits.
Plain and fine beavers, of various colours, for top. coats.
June 24, 1845.
Source: Morning Chronicle (Sydney, NSW : 1843 - 1846) Wed 9 Jul 1845 Page 1 Advertising
1846: death of infant son
Although no mention is made of his wife in this death notice of their infant son, 7th August 1846, James McEvoy must have resided with his family on the same premises as his tailoring business, Albert House, No. 261 Pitt St. Sydney.
Death of James McEvoy's son
The Sydney Morning Herald (NSW : 1842 - 1954) Fri 7 Aug 1846 Page 4 Family Notices
TRANSCRIPT
DIED1847: a formidable debtor
On the 6th instant, of convulsion, William Christopher, infant son of Mr. James McEvoy, of Pitt-street, aged 4 months.
If his address to the nobility and gentry of NSW in his advertisements worked in his favour, it would seem that James McEvoy enjoyed the patronage of rich and important clients. Some, however, defaulted in payment. This notice indicated that one of his clients, John Ryan Brenan (1798-1868), NSW coroner and magistrate, who was facing insolvency, owed a sufficient amount that James McEvoy personally lodged an affadavit to effect a summons. As police magistrate, Brenan was a highly controversial figure. This excerpt is from the Australian Dictionary of Biography online:
In 1844 the City Council made no provision for paying his magisterial salary and, as no other funds were available, he was thrust out of office. Later this action was found to be beyond the council's power, but by that time Brenan was on the verge of insolvency. His appeals for reinstatement fell on deaf ears, Governor Sir Charles FitzRoy reporting to London that he was 'a very unfit person' for the post ...
Source: The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 - 1893) Sat 8 May 1847 Page 2 INSOLVENCY PROCEEDINGS.
TRANSCRIPT
INSOLVENCY PROCEEDINGS.
COMPULSORY SEQUESTRATION.—The estate of John Ryan Brenan, gentleman, of Garry-owen, near Sydney, was on Wednesday placed under sequestration, on the affidavit of James McEvoy, tailor, Pitt-street. A summons was also ordered to issue and show cause, on the 12th instant, why the order for sequestration should not be confirmed.—John Walker to be official assignee.
Notice gazetted, NSW Government Gazette 7-11th May 1847: "This is to give notice, that the order nisi made herein, and all proceedings thereunder, have been superceded"
1848: Carandinis at the Victoria Theatre
James McEvoy was most likely a regular attendee of performances at the Royal Victoria Theatre, given the proximity of his business and residence in Pitt Street. In 1848, the Carandinis were once again performing at the Victoria, this time with the ever ubiquitous Band of the 99th Regiment under the patronage of Mrs Deas Thomson, wife of the colonial secretary of New South Wales:
Source: Australian (Sydney, NSW : 1824 - 1848), Friday 7 April 1848, page 3
TRANSCRIPT
THEATRICALS. - It is again our agreeable province to refer to the claims of Victoria favorites on the occasion of their benefit, and we have the greater pleasure in doing so from the fact that the performances at every benefit which we have drawn attention to have given unmixed satisfaction to crowded houses. On Monday next, those deservedly popular artists, Signor and Madame Carandini, claim the suffrages of their friends, and every effort appears to have been made by them to provide entertainments of no ordinary character. A Grand Romantic Drama, entitled THE JEW of NOTRE DAME, a well-selected pasticcio of Dance and Song, and an effervescent Farce of No Followers, are included in the programme; and when we add that the splendid Band of the 99th Regiment will attend, by permission of their gallant Colonel, and that Mrs. Deas Thomson has given her patronage to the beneficiaries, we may confidently predict the attendance of a full and fashionable audience.
Madame Marie Carandini c1863
By WP Dowling Image courtesy of the State Library of Victoria [H10446] (Pictures Collection)
Link: https://dictionaryofsydney.org/media/2548
Public meetings attended by VIPs whose political sympathies James McEvoy shared were also held at the Victoria Theatre, Pitt St. Sydney. The engraving (below), published in 1857, depicted an event held by the Patriotic Fund in aid of widows and orphans of servicemen slain in the war against Russia. A full account was published in the Hobarton Mercury (Tas. : 1854 - 1857), Monday 5 March 1855, page 3. The report opened as follows:
PUBLIC MEETING AT THE ROYAL VICTORIA THEATRE.Source: Hobarton Mercury (Tas. : 1854 - 1857), Monday 5 March 1855, page 3
Last Tuesday was a day which merits ever to be remembered in Australian history, is displaying the remarkable liberality for which the colonists and natives are distinguished.
That in a colony wherein the inhabitants are so remote from the land of their primogenitors,- a people obviously venturing to this extreme antipodes for the purpose of pushing their worldly fortunes, should come forward in immense numbers, and subscribe money by thousands for the relief of the military and naval forces and their widows and orphans embroiled in hostilities, proves that Australia is as sound, and sterling in heart, as the sturdy tree of which she is so flourishing a branch.
The Governor General presided at the meeting, and certainly no Governor ever arrived in an British-colonial possession with so favorable an opportunity to reap a rich harvest of popularity.
His Excellency was received in the most gratifying manner the people loudly cheering him, both outside and inside of the Theatre, while the crowd of ladies who thronged the dress circle, waved their handkerchiefs in enthusiastic greeting.
All the beauty, rank and fashion of the metropolis were concentered at the Victoria Theatre last Tuesday, and but one feeling was expressed - that of genuine British and Irish nationality, in sympathy for their gallant and heroic country-men.
His Excellency the Governor-General addressed the meeting in a concise and eloquent speech, narra-ting the reasons which had occasioned the assembling of the meeting. He had received a letter from the Secretary of State immediately after his arrival as Governor, urging him to place the matter of the Patriotic Fund before the colonists, and the great object of the present meeting was to aid and rescue from penury the bereaved widows and orphans of the brave soldiers and sailors slain in the terrible war now being carried on by the British Empire and its noble Gallic ally against Russia. His Excellency, in a most feeling manner, depicted the severe privations and sufferings to which wounded British soldiers and the widows and orphans of the fallen had been exposed at the close of the last great -war, and trusted that every person in the community would aid in the present occasion to ameliorate the sad calamities consequent upon the present crisis.... continue reading
Creator Mason, Walter G
Title Public meeting at the Victoria theatre, Sydney, in aid of the Patriotic Fund. [picture]
Call Number PIC Volume 6A #S1267
Created/Published [Sydney : J.R. Clarke, 1857]
National Library of Australia Link: https://catalogue.nla.gov.au/Record/2664077
1850s: owner of Moon Moon Curra station
Although James McElroy was still residing in Sydney by 1851, he had purchased a property at the junction of the Lachlan and Murrumbidgee Rivers, NSW in 1848 and soon thereafter was involved in a squatting case as plaintiff against defendants who were running cattle over his station. He took the case to the NSW Supreme Court and lost. One of the jury members was so drunk, he was taken into custody by the Sheriff for 48 hours. The Sydney Morning Herald reported the case as follows:
TRANSCRIPT
Sydney Morning HeraldSource: Sydney Morning Herald (NSW : 1842 - 1954), Friday 14 March 1851, page 2
FRIDAY, MARCH 14, 1851.
" Sworn to no Master, of no Sect am I."
LAW INTELLIGENCE.
SUPREME COURT.-Thursday.
Before His Honor Mr. Justice Therry and a Jury of four.
McEVOY v. TYSON and ANOTHER.
This was an action of trespass on a run called Moon Moon Curra, the property of the plaintiff. The defendants pleaded the general issue, and that the locus in quo was not in the possession of the plaintiff at the time that the supposed trespasses were alleged to have been committed.
The Solicitor-General, Mr. Foster and Mr. Holroyd, conducted the case for the plaintiff; Mr. Darvall and Mr. Meymott appeared for the defendants.
This was what is commonly known as a squatting case. On the part of the plaintiff, it was shown that he purchased the station called Moon Moon Curra, the station at the junction of the Lachlan with the Murrumbidgee, some time in 1848. Shortly after he came into possession, finding the defendants' cattle running over his station, he commenced an action of trespass against them, which was subsequently discontinued under the following arrangements : " Memorandum of agreement made and entered into the 25th day of March, 1850, between James McEvoy, of Sydney, and James Tyson, for himself and brother William, both of the Lachlan. The conditions are, that we give up to the said James McEvoy all claims and title to that portion of Crown land which has been in dispute between the said James McEvoy and myself and brother, bounded by our hut, on the south bank by the Lachlan River, with a line running due south from our hut to the undisputed ground in the plain, the run of the said James McEvoy. We further agree to pay all law expenses incurred, on the consideration of the said James McEvoy stopping further proceedings (Signed) James Tyson, James McEvoy." In the month of August following, plaintiff and one of the defendants, James Tyson, went to Mr. Rowley, the plaintiff's attorney, to pay the plaintiff's costs. Plaintiff joked James Tyson about the payment of costs, when the latter observed that he did not mind about the costs, he had a better run than ever. He took out a plan from his pocket, and pointing to it said he would go so many miles down the Lachlan. When Tyson's attention was called to the conditions of the agreement he remarked, that he relied on this portion of it, " the line running due south," and persisted in such line being the boundary. Mr. Rowley, addressing Tyson, said, " you are giving up nothing, but getting more." Plaintiff interposed, and asked Tyson if he was going to to take a point like that, and if he had not acted honorably. Tyson replied, " it's Shepperd's fault, he did not know the bearings of the compass." It was proved by Shepherd, the plaintiff's superintendent, that after the memorandum of agreement was signed, he went with James Tyson to the disputed part of the run. Shepherd claimed for plaintiff as a boundary a line running south-east from defendant's hut, whilst defendant, James Tyson, said he claimed a line running from the same point due south. The plaintiff's counsel proposed to go into evidence of a conversation which had taken place at the time the agreement was signed. Mr. Darvall objected to its reception, but after a lengthy argument it was admitted by his Honor.
Mr. Darvall, in addressing the Jury for the defendants, stated that it was not his intention to call witnesses, and overload the case with evidence, since there was nothing in the plaintiff's case to rebut. The only witness acquainted with the run which the plaintiff had called was Shepherd, the superintendent, who had only been five times at the station altogether, and had never remained more than a week or ten days at any one time. It was shown that Sams, who had been stockman on the station before plaintiff came into possession, and had remained in the same employment ever since, was in Sydney, and had not been called. This looked suspicious, as Sams might have shown where Tooth's cattle ran when plaintiff came into possession. The learned counsel then commented at some length upon the wording of the agreement, contending that it was strictly to the letter binding upon the plaintiff.
His Honor, in summing up, told the Jury that this squatting action was different from the usual actions of this kind that were brought into Court. Usually, priority of occupation and possession, continued uninterruptedly afterwards, were the tests by which an action of this kind was determined. The occupation, however, in this case arose upon an agreement. The plaintiff claims upon an occupation and a surrender by the defendants of any claims they might have to the station. The defendants on the other hand, rely upon an agreement. The question for the determination of the Jury was, did the plaintiff and defendants agree upon a boundary line and if they did, what was that line. When there are expressions of ambiguity in an agreement, parol evidence maybe admitted to explain them. Here there is a manifest mistake in the agreement by the insertion of the word " due." There was a mistake on the point of the compass, for what Shepherd , described as "due south" was in point of fact "south-east." This, however, was a question for their decision. The damages which the plaintiff has sustained were slight, and if they should find for the plaintiff, the damages would only be for the grass which the defendants' cattle had consumed.
The Jury retired for nearly on hour, and on their return into Court found a verdict for the defendants.
Attorney for the plaintiff, Mr. Rowley ; for the defendants, Messrs. Dunsmure and Longmore.
The only case in the cause list for to-day, in addition to those already published, is Gwynne v. Blackett.
Mr. Thomas Hughes, a juror in waiting, was committed by his Honor the Judge to the custody of the Sheriff, for forty-eight hours, for being drunk and disorderly in Court- at a later period of the day a petition was presented to his Honor for his liberation, on perusing which his Honor declined to make any fresh order.
ADDENDA
Robert Brooks and Captain Edward Goldsmith
Captain Edward Goldsmith made his first voyage for British ship owner and wool merchant Robert Brooks (1790-1882) on the barque Parrock Hall. The long term success of Robert Brooks' shipping and pastoral investments depended heavily on the trust he placed in his agents at colonial ports, and on his delegation of all responsibility to his ships' masters. "Freight payable in the colony" appeared frequently on his cargo manifests. Between 1834 and 1836 he purchased eight vessels, all second-hand. Between 1844 and 1846, his shipping purchases included the Parrock Hall, the Victor, the Kinnear, the Angelina, the North Briton, the Eagle, the William Wilson, and most important of all, the Rattler, built and bought specifically for Captain Edward Goldsmith (Broeze, 1993, p. 150, Table 8.6).
As Brooks' biographer Frank Broeze tells it, (pp. 153-4) -
Captain Goldsmith of the Parrock Hall making his first voyage for Brooks, through his connection Thomas Chapman arranged that the Aden loaded home at Hobart. at the excellent rate of 1½ d per 1lb wool and £5 5s per ton for whale oil .... The new link proved so satisfactory that ... Brooks turned incidental deployment into permanent commitment. Building on Captain Goldsmith's reputation and the strength of his connections with Devitt & Moore in London and Thomas Chapman at Hobart, he bought a new ship for Goldsmith, to be employed as a 'regular trader' i.e. on a permanent shuttle service between London and Hobart. The Rattler, of 522 tons, NM, was a large ship for the Hobart trade and at £5750 was Brook's most expensive yet. But he estimated the capabilities of his agents correctly. Devitt & Moore despatched the ship with sufficient rapidity to ensure that her arrival at Hobart was perfectly timed for the coming wool season. She reached Hobart on 11 November 1846 and was immediately advertised as a 'new and remarkable fast barque' to sail in early January. Despite her size, Chapman loaded her in a little over two months.
Until 1851/52 the Rattler maintained an annual shuttle service based on the rhythm of successive wool seasons. In principle, such a schedule, supported by influential brokers at either side, formed the solution to the problem of the British shipowner in finding continuous employment in the Australian trade. The slightest delay in loading or on the passage could fatally disturb the annual rhythm .... In Sydney it occurred only rarely that a ship loaded home in more than two successive years.... But only at Hobart were several independent freight carriers able to achieve sustained shuttle employment. With a shorter sea passage to and from Britain and a more compact hinterland than Sydney the chances of delays were much reduced (Broeze 1993:153-4)
The "Parrock Hall" arrives at Sydney 1844
.On Tuesday, November 5th, 1844, Captain Edward Goldsmith sailed into Sydney Harbour in command of the merchant barque the Parrock Hall, 425 tons, departing Portsmouth on July 22, 1844, bringing mail, cargo and passengers via the Cape of Good Hope. The voyage was exceptionally fast (105 days). According to The Shipping Gazette and Sydney General Trade List of Nov. 9th, "she had a fine passage" and on the way, "she did not speak any thing." The ship may have acquired its name from the old manor of Robert de Parrock, where Parrock Avenue and Parrock Road are now located in Gravesend, Kent, UK. Parrock Hall was built by Peter Moulson, Lord of the Manor of Milton, in 1761, and by 1821 it was owned by Colonel Dalton. In 1991, Parrock Hall, a Grade II listed building, was said to be in a dilapidated state with calls for its preservation.
PASSENGERS per "Parrock Hall" 1844
November 5, 1844:
TRANSCRIPT
November 5. Parrock Hall, barque, 425 tons, Captain Goldsmith, from London, the 15th, and Portsmouth the 22nd July, with a general cargo. Passengers - Mrs. Campbell, Mrs. R. Campbell, and four sons, Mrs. Fotheringham, Miss Jepherson, Miss How, Miss M. How, Miss Wright, Mr. W. L. Hay, Mr. T. L. Hay, Mr. Nowland, Dr. Morse, Mr. W.H. Morse, Mr. W. H. Hunt, Mr. T. Jones, Mr. T. W. Turner, Mrs. Sarah Trump, Miss E. Gray, Mr. H. Lynch, Mrs. E. Jusseauma, Mr. and Mrs. Bartlett, son, and two daughters, and Mr. J. Anderson.Source: Shipping Gazette and Sydney General Trade List
Link: https://www.nla.gov.au/ferg/issn/14403897.html
IMPORTS per "Parrock Hall" 1844
Imports, November 1844 at Sydney per the Parrock Hall, barque, 424 tons, Captain Goldsmith, from London.
Source: The Sydney Morning Herald (NSW : 1842 - 1954) Wed 6 Nov 1844 Page 2 IMPORTS.
TRANSCRIPT
IMPORTS.Source: The Sydney Morning Herald (NSW : 1842 - 1954) Wed 6 Nov 1844 Page 2 IMPORTS.
November 5. Parrock Hall, barque, 424 tons, Captain Goldsmith, from London : 1 box apparel, A. Gravely; 6 tierces tobacco, Thomas Smith and Co. ; 3 casks lead, Watkin ; 28 kegs 12 tierces tobacco, Smith and Campbell; 30 hogsheads and 50 barrels beer, and 100 casks bottled beer, Lyall, Scott, and Co.; 12 cases, 1 cask, 5 bales, 60 coils line, and 6 coils rope, 20 firkins, 4 casks oil, and 1 box, F. Whit-worth; 1 case, F. Mitchell; 4 cases, J. and S. Willis; 4 bales slops, 33 tierces tobacco, 4 bales slops, 20 trunks shoes, and 8 bales shirts, Lamb and Parbury; 1 case apparel, and 1 box candles, Bishop of Australia ; 2 boxes black lead, Ray and Glaister; 43 hogsheads rum, R. Towns ; 1 case silver plate, Miss Howe ; 1 case silver plate, R. Campbell, junior; 100 hogs-heads beer, 100 casks bottled beer, 1 case, and 4 bales, Flower, Salting, and Co. ; 1 case ap-parel, J. Purser; 2 cases apparel, and 3 bales, Rev. Dr. Ross ; 1 case, W. Walker and Co. ; 1 parcel books, Colonel Shadforth ; 8 trusses and 1 trunk, J. J. Giblett ; 7 packages plate glass, Solomon ; 5 boxes soap, Miss Wright; 3 bales and 8 cases, M. Joseph; 1 case, Quaife ; 1 case books, W. A. Colman; 1 case and 1 trunk, J. G. Raphael, 1 case, Fullerton; 1 case, Mr. Hamilton ; 8 bales, 19 cases, H. G. Smith ; 33 cases and 39 bales, 29 1/2 tierces, and 5 tierces tobacco, Griffiths, Gore, and Co. , 1 case, D. Davis ; 1 case, J. F. Milne , 2 cases, 2 trunks, 1 bale, Swain, Webb, and Co ; 1 case, G Mason ; 45 coils rope, A. Fothering-ham ; 1 case, 10 bales, 5 trunks, T. Smith and Co ; 30 hogsheads beer, 3 cases whips, E. Goldsworth ; 3 bales and 3 cases, R. Ramsay, sen., and Co. ; 1 case preserves, J. Parnell; 8 cases cottons, Dreutler and Wagner ; 38 cases Portugal wine, E. C. Weekes ; 1 box boots, Judge Stephen ; 36 bales linens, 8 cases sta-tionery, 28 casks shoes, I bundle measures, 4 bundles tarpaulins, 9 bundles, 38 table boards, 79 kettles, 52 pots, 50 shovels, 27 pieces iron, 400 ash felloes, 12 spades, 3 coils rope, 1 hand-cart, 100 fathoms cable, 4 gun-carriages, 4 handspikes, 16 bundles iron, 5 baskets oil, 10 cases iron work, Government stores ; 1 case (a carriage), 1 case hardware, 34 casks bottled, and 1 hogshead beer, order. R. Towns, agent.
Towns Wharf, owned and operated by Captain Goldsmith's agent Robert Towns
Now numbered as Pier 8, and the Port Authority building, Towns Place, Sydney Harbour NSW
Next to the Barangaroo development, Millers Point
Photos copyright © KLW NFC 2013
ACCOUNTS and MANIFESTS 1844
A balanced ledger.
Debit and credit entries for the Parrock Hall
Records of Robert Brooks and Co.
National Library of Australia MS 2381
Photo copyright © KLW NFC Imprint 2016
Manifest of the Parrock Hall 1844, London to Sydney.
"Manifest Parrock Hall London to Sydney Freight Payable in Coly"
Manifest of cargo per the ship Parrock Hall to Sydney 1844
Robert Towns & Co - Records, 1828-1896 Call Number MLMSS 307
184: Papers, including business letters from Robert Lodge and Robert Brooks to Robert Towns and Co; cargo manifestoes, the 'Eagle', 'Robert Matthews', 'Parrock Hill'; passenger list 'Duke of Roxburgh'
THE MITCHELL LIBRARY STATE LIBRARY of NSW
Photos copyright © KLW NFC Imprint 2016
Departure of Captain Edward Goldsmith for London 1845
Loading the Parrock Hall at Sydney for London began on November 27th, 1844, with departure scheduled for January 15th, 1845 after minor repairs to the sails.
Memorandum of Agreement between Captain Edward Goldsmith of the Parrock Hall and agents J. Woodall, and W. Samson to supply labour to load wool at Sydney dated 27th November 1844:
Held at the Mitchell Library, SLNSW
Robert Towns & Co - Records, 1828-1896 Call Number MLMSS 307
Photos copyright © KLW NFC Imprint 2016
TRANSCRIPT
Memorandum of Agreement between Captain Edward Goldsmith of the Barque Parrock Hall on the one part, and J. Woodall and W. Samson, Stevadores, of Sydney, on the other part, that is to say the said J. Woodall, and W. Samson do hereby agree to stow the said Vessell with Wool, [inserted - and other Merchandise], and to find Press, Screws, Planks, Samson Posts, Toms, Hand-hooks, Lashings and a foreman and find all Labour at 4s per Bale the whole of the Cargo to be taken from the Shore and hoisted on board by the Stevendores with the use of the Ship's boatsPASSENGERS and EXPORTS per "Parrock Hall" for London 1845
No allowance for Broken Stowage of any Kind - Bones - Hoofs and Horns being of that description
The terms of this agreement is to this effect - the whole of the Labour to be performed by the seven Stevadores without any extra change beyond the sum above stated and to the entire satisfaction of the said Captain Goldsmith
We also agree to stow the Dead Weight on board the above Vessel, at Nine Pence per Ton. Ship finding labour ....
Witness our hands this Twenty seven day of November One thousand eight hundred and forty-four
We also agree to Employ what men you have to spare at the rate of 2/5 pr day and to ? at the rate of 2/6 etc etc [ page torn ]
For Woodall and Samson
signed R Towns
Jno Wood etc
Passengers:
January 15. Parrock, Hall, barque, Captain Goldsmith for London. Passengers - Mr. and Miss Mead, Mr. Wade, Dr. Johnson, Mr. and Mrs Gard, Misses Agnes, Elizabeth, and Emma Gard, Master William Gard, Mr. Ashford, Mr. Atkins, Mr. R. Bailey, Master Conolly, Mr. John Whaling, Mr. and Mrs. Donovan and son, Mr. and Mrs. Curtis and five children, Mr. John Hazard, Mr. Henry Granhow, Mrs Luke, Mrs. Chapman, Mr. George West. Mr. Joseph Hoyle, Mr. Charles Swindels, Mr. W. Copeland, Mrs. Copeland, and Mr. W. Taylor.Exports:
Source: Shipping Gazette and Sydney General Trade List
Link: https://www.nla.gov.au/ferg/issn/14403897.html
TRANSCRIPT
EXPORTS
January 11. - Parrock Hall, barque, Captain Goldsmith, for London: 222 bales wool, 19 casks tallow, Gilchrist and Alexander; 21 bales wool, Brown and Co.; 155 bales wool, 63 casks tallow, 3 casks hog's lard, 1 case apparel, 1 case of specimens of natural history, Thacker, Mason and Co.; 248 bales wool, Donaldson, Dawes, and Co.; 186 bales wool, W. Walker and Co.; 43 casks tallow, C. Appleton and Co.; 137 casks tallow, 2 casks neats foot oil, 240 hides, Robert Towns; 20 casks tallow. Thomas Smith and Co., 9 tons copper ore, 3 tons manganese, 10 cwt. dyewood, Beattie and Taylor; 3 casks ironmongery, B. Boyd and Co.; 1 case jewellery, 4 casks and 8 cases ironmongery, R. Lamb; 10 tons drywood, C. Ambercrombie; 12 tons bones, R. Hill.
NSW Public Record Office
Ref: 45/35940 Photographs of Sydney taken between 1860 and 1880
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