Thomas Rushton, Liverpool brewer convicted of forgery

[majm]

Yes,  the English marriage was effectively terminated when he was sentenced to transportation beyond the seas.      Many academic papers  but also many threads here at RChat.

Back shortly with the links.


ADD
https://www.rootschat.com/forum/index.php?topic=699561.0  (I need to update one of the links there, aifs paper issues... )
http://www.auswhn.org.au/blog/divorce-colonial-australia/
https://law.unimelb.edu.au/__data/assets/pdf_file/0011/1707932/30_2_10.pdf
http://classic.austlii.edu.au/au/journals/SCULawRw/2007/4.pdf


JM

[maddys52]

I found Thomas's bankruptcy in a list in "London Magazine: Or, Gentleman's Monthly Intelligencer Vol 3" for 3 Apr 1784. I hadn't heard he was in Macclesfield but that is probably him. Maddy, do you have any more about that certificate of conformity?

There are a few mentions in the newspapers eg:

"BANKRUPTS ... Thomas Rushton of Macclesfield, Cheshire, brewer, to surrender Jan 15,16 and Feb 11, at ten, at the Old Angel Inn, in Macclesfield. Attorneys, Mr Clulow, in Macclesfield, Mr John Thompson, Furnival's-inn, London."

Sun, Wednesday, January 1, 1794


"CERTIFICATES ... Oct 7, Thomas Rushton, of Macclesfield, Chester, brewer."

Morning Post, Wednesday, September 17, 1794



You say you've seen the likely baptism at Liverpool - 31 March 1745, Thomas son of Robert RUSHTON (labourer), born 8 March, Atherton St. Although nothing to prove this is your man.

[GeoffTurner]

That age at death of 78 in 1822 fits in with the 1744-45 birth date we are working on.

A woman who has done academic work on the Neptune, the "hell ship" that Elizabeth Smith came to Australia on, and is preparing a book, tells us that as well as his common-law wife Thomas had taken a mistress and he actually died at the home of the mistress. The authorities called Elizabeth to come and collect the body and she was not best pleased, and made that obvious at the inquest. The mistress claimed Thomas had just been passing and felt unwell and asked to come in and lie down but I don't think anyone believed that was the true story.

The Neptune was one of a fleet of ships contracted to bring convicts to NSW instead of the usual practice of having the Royal Navy do it. The company that operated them were slave-traders and they kept the convicts chained below decks for the entire voyage. They kept discipline by literally flogging to death anyone they thought might be a petty thief. They were still throwing bodies overboard as they sailed into Port Jackson (Sydney Harbour). Since one of the reasons for transporting convicts was to populate the colonies that was counter-productive so the authorities reverted to having the Navy do it after that.

So we know plenty about Thomas in Australia. It is his early years that elude us.

Geoff

[majm]

Different year of birth in the following :
Absolute Pardon No. 123
Thomas RUSHTON aged 55 years, at Pleas of Session of Crownmote, 21 April 1802 at Chester, sentenced to 14 years, arrived per Calcutta, 9 October 1803 to Port Phillip.   To Hobart Town 19 February 1804, and then to Sydney per Lady Nelson 7 March 1804.   
Spouse:  Elizabeth Smith.
Thomas had child to Eliz GRAHAM 1815, and may have had children by others as per Tipping.  Died November 1822 as per the late Garry Wilson’s Tasmanian Database

https://www.bda-online.org.au/files/TA1_Database.pdf

Absolute Pardon is likely digitised and online 

JM

[majm]

http://pandora.nla.gov.au/pan/34360/20050715-0000/www.aifs.gov.au/institute/seminars/finlay.html

This is the current link to the Professor of Law's Academic Paper re colonial divorce.

JM

[majm]

That age at death of 78 in 1822 fits in with the 1744-45 birth date we are working on.

A woman who has done academic work on the Neptune, the "hell ship" that Elizabeth Smith came to Australia on, and is preparing a book, tells us that as well as his common-law wife Thomas had taken a mistress and he actually died at the home of the mistress. The authorities called Elizabeth to come and collect the body and she was not best pleased, and made that obvious at the inquest. The mistress claimed Thomas had just been passing and felt unwell and asked to come in and lie down but I don't think anyone believed that was the true story......

The Report of the Inquest is part of the holdings of the NSW State Archives.  It has been digitised and is available online via their partnership with some commercial family history websites. 

Here is my transcription of the Depositions of both Elizabeth Smith and Elizabeth Graham.
 
Elizabeth Smith Sworn deposit that the Deceased Thomas Rushton left his house between eight and nine oclock this morning in perfect health and good spirits and in about 20 minutes after a Girl came running to Deposith to say the Deceased was at the house of Mrs Graham in a Fit. Deposith who is house keeper to (not deciphered)  declined going to the House where the deceased lay but sent her Servant, Mick.  Deposith further sent the servant for Dr Bland.   
Signed by El SMITH.

Elizabeth Graham sworn deposit that the Deceased Mr Thos Rushton came to her House about ten oclock this morning and after entering into conversation some short time with her complained of a pain in his shoulder or neck and requested to be allowed to law down at her bed. He lay down and immediately after appeared to be in a fit and in a very short time after expired, Deposith sent for Dr Bland who did not arrived until the Deceased had exported.  Deposith also sent for several of her neighbours who were present at this time.
The Mark of Elizabeth Graham. 

ADD
I see nothing in any part of the Inquest document to suggest that Elizabeth SMITH was displeased, sorry.  To me, it is a typical Inquest report. 

FURTHER ADD

Please read 'lay' for 'law' and 'expired' for exported  ... predicative text on kindle e reader - sorry.

JM

[Wiggy]

Hi Geoff, 

You are getting lots of information about the Australian end of the story about which you say you have lots of info.   

 - maybe if you asked the Moderators to move your post to the UK board (in Liverpool area,) you might get more replies to what you want to know about the early life of your man.

Wiggy  . 

[majm]

I think the UK Chatters time difference may be influencing the locations ...it is after 3 pm in NSW ... so may be pre dawn in the UK. 


Add
4am London 

JM

[GeoffTurner]

Sydney Gazette and NSW Advertiser, Friday 22 November, 1822: Yesterday forenoon, suddenly, Mr. Thomas Rushton, aged 78. The deceased was the oldest brewer in the Colony, enjoyed generally pretty good health; and went into eternity without a moment's warning. Comments we refrain from, only it must be said, on so awful an event,—READER! "Prepare to meet thy GOD!"