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A list of sources is included.

William Clunes and Mary Conlon ©

Documents held indicate William was born about 1811, yet despite extensive searches in Scottish Archives, no conclusive record has been found of his birth, baptism or parentage.  Although no record has been located to clarify which line our William Clunes (c1811)  belongs too, it is almost certain he descends from Archibald Clunes, and possibly through William (1774) or Gordon (c1777), the grandsons of John (1725) of Crakaig.

While nothing is known of William Clunes before his enlistment into a Highland Regiment of Foot in 1831, later records offer some clues.  An Army Return1 gives his place of birth as Loth Sutherland, his death certificate2 and two children’s birth certificates3 narrow this down to Crakaig, a large farm in the parish of Loth, which lies 20km north-north-east of Dornoch, in the northern highlands of Scotland.  Records and family story suggest Crakaig was part of a larger Scottish manor which was held by the Clunes family for many years.  Loth, both a Parish and a small village, is located in the east coast region of county Sutherland, Scotland, 100km north-north-east of Inverness4.  The present name of Loth, which in Gaelic is still pronounced Logh, is therefore, believed to be a corruption of the word Loch, which, in the Scot dialect, is descriptive of a sheet of water.  This parish appears to have taken its name from the farm on which the church stands, now known as Loth-more, to distinguish it from the neighbouring farm of Loth-berg.  Today, little remains of Loth except for the old Parish Church and Burial Ground, which are no longer in use, Crakaig Farm, and a house which is believed to be the remains of the once larger Crakaig estate4.

The difficulty in locating any records of William’s birth is not surprising, as Loth saw extensive Highland Clearances during 1800-1813, and there were few Baptisms or Marriages recorded in the Parish during this period.  The Highland Clearances largely took place between the 1770s and 1850s, but the end of the traditional Highland way of life really began with the Jacobite defeat at Culloden in 1746, when the British government swiftly acted to break the resistance of the proudly independent Gaelic society.  Highlanders could no longer meet in public or bear arms.  The wearing of tartan, teaching Gaelic, and even playing the bagpipes were outlawed by the 1747 Act of Proscription.  The Act of Proscription was an Act of the Parliament of Great Britain, which came into effect in Scotland on 1st August 1746.  It was part of a series of efforts to assimilate the Scottish Highlands, ending their ability to revolt, and the first of the 'King's laws' which sought to crush the Clan system in the aftermath of the Jacobite Rising of 1745.  The Anglicisation of the ruling Highland class meant that as the numbers of Gaelic speaking lairds dropped, and the numbers of English speaking lairds rose, the clan chief became a feudal landlord for the first time in any real sense, spending more time in the south and relying more heavily on income from their estates in the north.  The Tacksmen were the first strata of Highland society to feel the brunt of this change.  They had become obsolete after the uprising both as military leaders and as administrators of the system.  One Factor was able to collect the rent and administer the entire estate at far less cost to the Laird than the numerous Tacksmen could, thereby increasing their profits.  A Factor can be likened to a Steward or an Estate Agent.  The introduction of sheep farming in the 1760s led to an increase in clearances from the interior grazing lands to the coast.  This removal from the interior to the sea shore created for the first time a new individual, the crofter.  A crofter is the person who occupies and works a small landholding known as a croft, paying rent to the landlord of the croft.  A croft is a small agricultural unit, most of which are situated in the crofting counties in the north of Scotland being the former counties of Argyll, Caithness, Inverness, Ross & Cromarty, Sutherland, Orkney and Shetland, and held subject to the provisions of the Crofting Acts.  A landlord often had many crofts on his estate, and the rent paid by the tenant crofter, except in fairly rare circumstances, was only for the bare land of the croft.  The crofter had to provide a house, any other needed buildings, fences, and was responsible for ensuring there was access to the croft.  During the Clearances, the removed tenant was given a small croft.  Many continued to work their small croft, but if the land was bad, and it was often land which even the sheep farmer wouldn't touch, the crofter was forced into kelping or fishing, both of which they had no experience of.  On the other hand, if the land was relatively good the crofter had to pay a very high rent and was therefore forced into kelping or fishing to enable them to keep their croft5 & 6.

While it is recorded that Clunes resided at Crakaig until relatively modern times, it is not known if it was William’s family which continued on at Crakaig, or if they were removed and became crofters.  However, it is known that as a young man William enlisted in the Army.  

Military records1 show William enlisted in the 93rd Regiment of Foot on the 2nd September 1831.  Regimental records gives his place of enlistment as North British District, and his birthplace as Loth, Sutherland.  William is described as a Recruit, aged 18, and 5ft 7¾ inches tall.  This record also shows William was paid £2. 10s. on his enlistment approval and 2s. 6p was paid to the person who conducted him to Headquarters.  As a member of the Reserves 93rd Regiment of Highlanders, Private William Clunes, No.618, was stationed in Glasgow and Hamilton for a short time, until the Regiment moved to Ayr in April 1832, Ayr is approximately 50km south-south-west of Glasgow.   By mid-1832, the unit had been sent 200km north to Fort George, then moved the 100km south-east to Aberdeen by mid-1833.  William then travelled with the regiment to the Caribbean Island of Barbados mid-1833, before returning to England around May 1834.  While in England the regiment was stationed in Canterbury, where the Regiment was presented with new Colours, before moving to Weedon, Buckinghamshire.  A few months later the Regiment moved to Blackburn, Lancashire, but William was sent on Detachment to nearby Burnley.  William had re-joined the Regiment in Liverpool by the end of October 1835 when the Regiment sailed to Ireland.  Stationed in Dublin, Newry, Belfast and Cork, the Regiment sailed to Halifax, Canada, in January 18387.  

The Regiment’s role in Canada was to help quell an uprising by rebels who wanted to turn Canada into a Republic.  While in Canada the Regiment took part in rebellious skirmishes in Halifax, Toronto and Montreal.  Historical records tell the Regiment’s involvement was successful and it can be assumed William took part in offensive and/or defensive action during his army service, as it is recorded on his Convict Indenture he bore several scars: one on his forehead; another over his right eye; another on a knuckle of his right hand; and a large scar below the outside of is left knee.  It is believed he also enjoyed the odd drink or two, which ultimately led to his downfall8.

Regimental records1 show William was paid 47days Beer Money, possibly early January, 1838, and was Absent Without Leave’ on the 6th February that same year, it is assumed this type of behaviour led to his disgrace.  In March 1839, William made the mistake of showing ‘insubordinate conduct’ & ‘abusing his superior officer’.  This must have been seen as a serious threat, because he soon found himself facing a Court-Martial in Toronto, Canada.  Although it appears William had no previous convictions, on the 12th March, 1839, he was found guilty of the charges and sentenced to 14years transportation to Australia as a felon.  It is not known how or when William was taken back to England, but records9 indicate he was held in Chatham, Kent, England, aboard the Hulk Fortitude.  After sentencing most prisoners, awaiting transportation to the colonies, were sent to the 'hulks' in London before being assigned to a convict ship and leaving England.  The disease-ridden floating jails known as prison hulks were created during the 18th Century to ease the severe overcrowding in English prisons and, according to the Prison Hulk Registers and Letter Books, 1802-1849, housed inmates aged from eight to 84.  Each hulk held between 200 and 300 convicts in conditions where disease was rife and spread quickly.  Mortality rates were high, with around one in three inmates dying on board before reaching their destination10.

Records tell us William was assigned to be transported to Australia by the Mangles, and he was transferred to the Mangles (8) for his journey to the Colonies on 7th November, 1839.  Carrying 290 male prisoners, the ship left Portsmouth England on the 29th November, 1839, arriving in Sydney 150days later on the 27th April 184011.  The Convict Indent12 shows us William was a Presbyterian, and he could both read and write, which indicates he received some sort of schooling at some time, although it is not known where or how this schooling may have occurred.  The indenture also gives us some idea of what William looked like.  He is described as being 5foot 9inches tall, with a sallow complexion (although this could be attributed to the five month long sea voyage), light sandy hair, and hazel eyes.

On arrival William, like many other transported convicts was taken to the Hyde Park Barracks.  Life wasn’t easy in the Barracks, the convicts had to abide by very strict rules, controlled by the superintendent, convict constables and overseers.  The ringing of the bell in the barracks yard told them when to get up in the morning, when to eat their meals and when to go to their hammocks each night. It also told them when to assemble in the courtyard for daily inspections before heading off to their worksites around the town.  Convicts were expected to work from sunrise to sunset, only allowed an hour off in the middle of the day in very hot weather.  Male convicts generally did hard physical labour such as making bricks, constructing buildings, gardening, and building roads13.

However, records tell us that just a short time after his arrival William was indented to the Border Police, which at this time was largely made up of post-military convicts.   At the time William joined the Border Police they were in Tumut in the Snowy Mountains, and records indicate William spent the next three years there.  The duties of the Border Police were wide spread, ranging from protecting the Commissioner as he surveyed the landscape, keeping the peace, checking stock returns, assessment of fees and settlers compliance with their lease conditions14.  Tumut is a town in the Riverina district and is approximately 410km south-west of Sydney.

The next we hear of William is in 184415 when, apparently under the influence of alcohol, he and another police officer allowed a dangerous prisoner to escape from the Tumut lock-up.  William was sent back to Hyde Park Barracks and he was convicted of the offence on the 20th February, 1844.  William was sent to Cockatoo Island, a rugged sandstone island in the mouth of the Parramatta River, supposedly for the remainder of his original sentence.  It is interesting to note, the other party to this crime was a free man and his only punishment was dismissal from the Border Police.  While on Cockatoo Island it is possible William was employed in the cutting of sandstone to be used in the construction of a wharf at Circular Quay, or in the building of grain silos16.  Just a year after his arrival on the Island, the Superintendent reported that William's conduct during the previous year had been very good, he had worked hard while he was there and the recommendation was he be returned to Sydney.  In December, 1845, William was re-assigned back to Hyde Park Barracks15.

Records indicate William re-joined the Border Police on the 23rd December, 1845, and was stationed at Macleay River, 400km north-north-east of Sydney, as a Trooper17.  On the 24th February, 1846, William was issued a Ticket-of-Leave18, which allowed him to remain in the district of Port Macquarie.  It appears William was dismissed from the Border Police on the 31st March, 1847, for drunkenness, yet records indicate just a few days later, on the 12th April, 1847, a second Ticket-of-Leave was issued which allowed William to remain in the District of Murrurundi.  There is a side note on the 1847 Ticket-of-Leave which indicates there may be more information in the Governors Minutes Reg. No. 47/2244, on 27th March 1847, but to-date this record has not been located.

William next appears in the records when, on the 18th June, 1848, he was allocated as an ordinary constable to the NSW Police at Warwick in the Darling Downs.  Warwick, situated in the southern Darling Downs, Queensland20, is 140km south-west of Brisbane, and in the Australian Handbook of 1876 was described as one of the prettiest, healthiest and most attractive inland towns in the colony.  The first European to sight the Darling Downs was Allan Cunningham, Botanist and Explorer, in 1827.  Acting on Cunningham's discovery, a northern New South Wales pastoralist Patrick Leslie, set off in that direction in 1840 to find fresh grazing lands. Consequently he chose a site west of   Warwick for his Canning Downs station.  Joined by his two brothers, the Leslies became the first permanent European settlers in the area, and others soon followed.  In 1847, the NSW Government asked Leslie ‘to select a site on his station for a township, which was to be called Çannington’, although ‘Warwick’ was eventually settled upon.  It has been suggested that Leslie and other settlers may have supported the name Warwick, after the English 15th Century figure, Richard Neville, the 16th Earl of Warwick also known as Warwick the Kingmaker.  An English nobleman, administrator, and military commander. Richard Neville was one of the Yorkist leaders during the Wars of the Roses, and it is recorded that he was instrumental in the deposition of two kings, a fact which later earned him his epithet of ‘Kingmaker’ to later generations. The Wars of the Roses were a series of dynastic wars fought for the throne of England, 1455-1487.  The name was gazetted in May 1847, the town was laid out by the colonial surveyor James Burnett in 1849, and allotment sales began the next year.  Once settlement began, it soon became apparent the district needed some Police protection.  Commissioner Roleston responded, and books relating the history of the Darling Downs indicates by 1848, Sergeant Thomas McEvoy was placed in charge of the police, assisted by Constables William Clunes, Hourigan and Scanlan.  The first Police Barracks were said to have been built on the large Canning Downs property owned by the Leslie brothers, with a slab humpy built shortly after to serve as the Court House. 

William was issued with a Ticket-of-Leave Passport on the 19th March, 1849, which allowed him to remain in Warwick, Queensland, attached to the Police, for 12months18.  On 31st May, 1849, William applied for a Conditional Pardon18, this was finally granted on the 15th January, 185021

On the 7th August, 1850, Seven months after receiving his Pardon, William married Mary Conlan in St Stephen’s Roman Catholic Church, Moreton Bay Region22.  It is believed the marriage took place in Brisbane as no marriages were performed in Warwick before 1854.  Prior to this date couples from Warwick who wished to marry had to make the long and probably arduous journey to Brisbane, by horse drawn carriage, or even on horseback or foot over Cunningham’s Gap.  Looking at the Parish Register page it appears that the officiating minister, James Hanly, was either in a terrible hurry or was very sloppy.  William’s surname doesn’t appear anywhere on the page, nor did William sign the register, and the minister has mistakenly recorded Mary as marrying another gentleman on the same day, on the entry immediately above that of Mary’ & Williams marriage entry.  On the marriage record, William is recorded as being from Warwick, but Mary is said to be from Brisbane, and she made her mark.  The witnesses were James Ramsey and Mary Conroy, both of Brisbane.  The little stone chapel of St Stephen is said to be the oldest church still standing in Queensland today.  Completed in 1850, it was used as the main church up until 1874, when the St Stephen's Cathedral opened.  The little church was briefly used as a school room, then quickly fell into disrepair.  Painstakingly restored and reopened in 1999, it is now once again used as a place of worship for Liturgies and groups that require a smaller space than the Cathedral.  In addition to a beautiful stained glass window depicting the story of St Stephen, the chapel also features a striking statue of St Mary Mackillop, who prayed and worshipped in the building during her lifetime.  The statue is carved from aromatic Camphor Laurel23.

I believe Mary to be the daughter of Jacobus Conlon and Maria Kilkenny, and that she was baptized on the 5th July, 1830, in the Roman Catholic Church, in the County of Roscommon24, Ireland.  A baptism record believed to be that of our Mary has been found in the Irish Records for Boyle in Roscommon, the record shows:  Mary, Conlan Jacobus, Maria Killkenny, sponsor appears to be a Mary Conway.  Roscommon is approximately 200km north-north-west of Dublin, and much of the county is very wet, with extensive winter flooding of the lands. 

It is thought Mary’s family were part of the Catholic rural population which had grown considerably during the early 19th Century.  Catholics made up 80% of the population of Ireland, the bulk of whom lived in conditions of poverty and insecurity, with large families working their small plots of land to support and feed themselves.  In many districts their only food was the potato, their only beverage water, and when the potato blight hit Ireland in the early 1840s it was devastating to the rural population.  The whole issue not helped by the majority of landlords in Ireland who showed no sympathy for those who worked their land.  Those who could not pay their rent were evicted, many were forced into the Workhouse, and more than one million people died of starvation.  There was also a devastating outbreak of Cholera in Ireland in 1849.  To date no positive record has been located for Mary's parents, and it is not known if the whole family made it to the Workhouse.  But it is presumed the parents perished either as result of the Famine, or the Cholera outbreak, before being admitted to the workhouse, or like many others who were already weakened and ill, died after the family became inmates.  However, we do know Mary and at least one of her siblings were inmates for some time as shipping records tell us they both came from the Roscommon Workhouse.  During, and for some time after, the famine years Irish workhouses became severely over-crowded, and one solution to the problem of overcrowding was to send some of the girls overseas.  The offer of emigration was limited to those girls who had been resident in the workhouse for at least one year, and young female orphans were considered the most suitable candidates for emigration to Australia.  Not only could they help redress the gender imbalance but, in the long term, as female inhabitants of the colony were so low, normalise the social composition of the populace.  In the short term, they would also fulfil the growing need for domestic servants.  As young females, who had been in the workhouse for over a year, Mary and her sister were eligible, and selected for passage to Australia under Earl Grey’s Irish Orphans Scheme.   Between 1848 and 1850 over 4000 adolescent female orphans emigrated from Irish workhouses, but the scheme was relatively short-lived and only lasted two years as many ‘anti’ groups saw Australia being flooded with Irish immigrants. These young women were condemned in local newspapers as being unskilled, untrained and useless, and a financial strain on Australia.  The Earl Grey scheme, although the brain-child of the Irish Secretary of State for the Colonies, was funded by the Australian people, and in May 1850 the scheme was suspended25

Joining 165 other young Irish females, Mary boarded the ‘Lady Peel’ vessel in Plymouth and left England on 14th March, 1849.  They arrived in Sydney, Colony of New South Wales on 6th July, 1849, as Famine Orphans.  The shipping record indicates Mary’s parents were James & Mary, both dead, she was 19years old, a Housemaid from Creaves Rosscommon, a Roman Catholic, she could read, and that her younger sister, Margaret, had arrived in Australia aboard the ‘Digby’ on the 4th April, 184926

Records show that Mary’s sister, Margaret was sent to Brisbane a short time after her arrival27.  On the other hand, Mary’s movements, after her arrival and until she married William are sketchy and at times inconclusive, so we can only wonder how and when William, a 38year old Scottish Presbyterian Police Constable from Warwick, came to meet and marry Mary, a 20year old Irish Roman Catholic immigrant in Brisbane.  An investigation into the information on their wedding certificate revealed that one of the witnesses at their wedding was also a Police Officer.  As Mary’s sister Margaret, along with several other Irish Orphan girls, had been indented to the Police Magistrate Moreton Bay in 184928, one has to wonder if Mary had also been forwarded to Brisbane where she met William.  Another possibility was that both Mary and her sister Mary were forwarded to Warwick as domestic servants.  Or does a newspaper article which identifies a Mary Conlon, a resident of the Female Factory, who was arrested for public brawling in November 1849, and consequently sent to Darlinghurst Jail Sydney by steamer for twenty-eight days, refer to our Mary?  Although no record of a Mary' Conlon’s transfer to Sydney has been located, a record of Darlinghurst Goal receiving Six Shillings from the Bench of Magistrates Moreton Bay for Mary Conlon has been found29, but apart from mentioning Mary Conlon by name there is no indication of what the money was for or why it was sent.  Records indicate a steamer did leave Brisbane for Sydney around the time of Mary's conviction and there was a Police Constable and four criminals on board, but again no names given.  Could William have been this constable and Mary one of the criminals? but none were identified by name, and no record of the steamer reaching Sydney has been found.  Of course all this is speculation and there is no proof the Mary charged was our Mary, and there are other instances of when & where William and Mary may possibly have met. 

In January 1850 William was a witness for the crown in a court case against a William Lawrence (alias Brillon) who was charged with Larceny28.  It is quite possible that this case was held in Brisbane and William stayed at the Police House, and possibly Mary was a domestic servant there.  The Police House, Courthouse and Female Factory were very close to each other, possibly in the same street, maybe it was just a chance encounter that developed into much more?  Unfortunately our question will probably never be conclusively answered.

After their marriage, it seems that William and Mary settled in Warwick and it is assumed they enjoyed a reasonably happy and successful marriage, at least in the early years. Records show they had ten children: William 1851; Gordon Kilkenny 1852; George Raine 1853, he married Rose Anne Ralph (nee Lutherborough) 1891; Mary Anne 1855; Rebecca 1856; Robert Matheson 1858; Jannet 1860; Margaret 1863; James 1864-1867; and James 1868.  Records indicate William made a further appearance as a witness for the crown in the Circuit Court case against William Hutchison for Larceny and Receiving in 185128.  William is also credited with assisting in the capture of three horse thieves in the Maryland district in 185328.  In 1853, a notice in the local paper listed those who donated to the building of the Roman Catholic Church, and William Clunes is said to have given 10shillings.  This would have been a considerable sum at the time, could Mary have been behind this donation?  Another article in the Moreton Bay Courier, in 185528, indicates William signed his name to a declaration which was highly disapproving of a ‘mean and vicious attack against the character and professional qualifications of a Prussian medical gentleman’, then residing in Warwick.

The baptism records of their first three sons, and the Police Returns, indicate William continued as a Police Constable until at least 1853.  William and Mary’s later children’s baptism records indicate he had changed his occupation from Police Constable to Carrier by 1858 and to Labourer by 1860. 

In February 1854, William purchased a block of land in Helene Street, Warwick30.  He paid £10.9s for it, and in September 1858, later he purchased a second block, this time in Alice Street30, for the sum of £23. 16s. both these blocks were opposite the Police Reserve and possibly close to the Police House, which may have also served as the Post Office31.  Records show the family was in Helene Street in 1867.  It is a mystery how William could have afforded these blocks, as we assume he was still on a Police wage at this time.  Could he have inherited funds from family in Scotland, did he have money when he was transported, or had he already started his carting business with his sons or was someone else driving the carts while he continued as a Constable, and is this where the money may have originated?  These questions are all speculation and will in all probability never be answered.  However, we do know that both these blocks of land stayed in the possession of the Clunes family until the early 1900s.  Despite there apparently no Transfer of Title or Deeds after William Senior’s death, land records show the land in Helen Street first being transferred by William’s eldest son to a third party in 1902 and the Alice Street block transferred, also by William Junior, to another third party in 190632

In 1856, William was again called as a witness33.  This time in the trial of Michael Connor who had been indicted for having stolen bank cheques and monies to the amount of £60, from the dwelling house of Thomas   M'Evoy, Chief Constable at Warwick.  William was called to corroborate the principal facts in M'Evoy's evidence, however, it is not known where this case was heard. 

A newspaper article34, published in 1984, recorded an interview with daughter Rebecca which was given in 1941.  In this interview she stated that in 1864 she was adopted by an uncle and aunt who had no children of their own and she was taken to Victoria, where they spent some time at Ballarat and finally moved to Geelong.  It is not known just when she went to Victoria or who these relatives were, but on the death of her aunt in 1870 she was returned to her birth parents in Warwick.

William became a selector35, when on the 19th February, 1872, he successfully applied to lease 160 acres of unimproved land, Portion 569, in Dalveen, for the annual rent of £9. 16s.  This property was to become known as Gordonbush.  Dalveen is 25km south of Warwick and 20km north of Stanthorpe.  It is interesting to note there is a village called Gordonbush just a few short miles from Loth, where William is thought to have been born.   Situated on the shores of Loch Bora, Gordonbush has since 2011 also been the site of a large wind farm.  The land William leased in Dalveen was described as thickly timbered granite ridges, bounded on the eastern side by Split Yard Creek.  When William moved to his property at Dalveen it is thought he took most of his children with him, but it is suggested in a later record that his wife Mary stayed in the town of Warwick.  Dalveen is a small rural town in the Southern Downs Region, Queensland, approximately 30km south of Warwick.  The name Dalveen derives from locality name given by settler John Flint, who named it after a pass in Lanark, Scotland.  In April, 1872, William acquired two more block which adjoined his property.  He purchased Portion 621, a freehold property on the eastern side of the creek, and he leased Portion 820, which lay on the southern side of his original lease.  Records indicate none of these blocks were mortgaged, suggesting William paid in cash.     

It was a condition of William’s lease that he reside on the leased Portion 569 for a period of seven years, which he did, and he has been found on the 1860-1879 Electoral Rolls37 of the Darling Downs Region.  These records indicate that in 1864 he was earning £100.00 per year, as his occupation is listed as carter/labourer on several of his children's birth certificates of the time, and the average income was roughly £15 per year, it is hard to imagine how he earned enough to purchase the freehold on Portion 629.  In 1865-1870, William is recorded as a Freeholder of Warwick and in 1876-1878 as a Leaseholder of Split Yard Creek, Dalveen, Rosenthal.  His sons William, Gordon and George also appear on several rolls, with their father.  I have been unable to locate any other records which indicate what occupation William or his sons followed after their move to Dalveen.

William continued to live at Gordon Bush until 1879, when it seems his hard living and liking for alcohol finally caught up with him, and he died on the 19th March3.  He was 68years old, his occupation a Selector, and the cause of death is recorded as ‘Natural Causes’, ‘Disease of the Heart’, 3days.  On the 21st March, William was buried in the Presbyterian Section of the Warwick Cemetery, Batten No.5273.  There is a large headstone on his grave, which reads:

SACRED

TO THE MEMORY OF

WILLIAM CLUNES

DIED MARCH 19 1879

THIS STONE IS ERECTED BY HIS SON WILLIAM

AS A TRIBUTE OF AFFECTION TO HIS MEMORY

It is interesting that none of his other children or his wife are mentioned on the headstone.

It seems that William died without a will and his eldest son William applied for administration of the estate shortly after his father’s death.  Several Affidavits38 were lodged in the Supreme Court to support his application.  For the most part they paint William Junior in a very good light, but are quite derogatory when it came to his mother.  Suggesting that she stayed in the Town of Warwick when William Senior took up his selection where she had ‘been leading a life of prostitution’.  The Affidavits also indicated that despite William Senior being granted a selection in 1872, son William stated his father had, ‘for the seven or eight years prior to his death, been too old and infirm to contribute anything to the support of himself or his family’, so William Junior had taken on that role.  William Junior was appointed Administrator of the intestate estate.  It appears William controlled all that his father had left, and no record has been located that indicate his siblings gained any benefit from his actions.

However, a few months after her husband’s death Mary herself made an astonishing move, which puts into question the statements about her life while living in Warwick.  On the 5th August, 1879, by-passing her son William as the administrator of the estate, she made an application directly to the Department of Public Lands, as William Senior’s widow, to purchase Portion 579, the first block William Senior took up in Dalveen31.  This had been granted to William Senior as a leasehold, but Mary applied for freehold possession.  Mary’s application was granted, and in January 1880, after receiving the Deeds, she sold the block to a James Butler31.  The last trace of Mary is a certification in August 1881, by the Commissioner for Lands stating that Mary had continued to live on Portion 579 for at least 20months after receiving the deeds.  In August 1881, William Junior sold Portion 820 to the same James Butler.  No family connection can be found to James, but it is believed he was a wealthy and substantial land owner in the district.

There are conflicting family stories regarding the rest of Mary's life, one such story indicates she is buried in Warwick Cemetery, but no record has been found to support this.  It is thought James Butler let Mary reside on Portion 579 until her death.  Another story indicates she may have gone to New Zealand.  A third suggestion was that she moved in with the nuns in the Catholic Church in Warwick.  However, no evidence to support any of these theories has been located, so the fate of Mary remains a mystery. 

References:
1.   Quarterly Pay-List (Infantry Abroad) of the 93rd Regiment of Highlanders via PRO Kew UK
2.   Birth Certificate
3.   Death Certificate
4.   Personal Knowledge
5.   Statistical Accounts of Scotland: Highland Clearances http://www.electricscotland.com/history/hclearances.htm

6. 
The Highland Clearances, by John Prebble, 1969
7.   93rd Highlander Foot Regimental Diary via PRO Kew UK
8.  The 93rd Sutherland Highland Regiment of Foot 1800 – 1881 http://www.93rdhighlanders.com/hist.html
9.  UK, Prison Hulk Registers and Letter Books, 1802-1849: Fortitude Register, 1837-1843
via Ancestry.co.uk https://www.ancestry.co.uk
10. Victorian Crime & punishment http://vcp.e2bn.org/justice/page11382-sentencing-to-departure-prison-hulks-convict-gaols.html
11.  Log of Logs Volume 1. Ian Nicholson
12.  Convict Indent via NSW State Archives &
Ancestry.co.uk https://www.ancestry.co.uk
13.  Hyde Park Barracks https://sydneylivingmuseums.com.au/stories/short-history-hyde-park-barracks
14.  Details ex. NSW Police Community Relation (now defunct) via NSW State Archives
15.  Colonial Secretary Letter : Cockatoo Island General Index to Convicts: Cockatoo Island Entrance Book via NSW State Archives
16.  History of Cockatoo Island http://www.cockatooisland.gov.au/about/history/convicts
17.  Letter Justice & Police Museum Sydney https://www.sydney.com/destinations/sydney/sydney-city/circular-quay/attractions/justice-and-police-museum
18.  Ticket of Leave / Conditional Pardon
http://members.iinet.net.au/~perthdps/convicts/res-11.html
19.  Rosenthal: Historic Shire. Comp. & ed. By Jan Ward-Brown
20.  Queensland Places http://queenslandplaces.com.au/warwick
21.  New South Wales and Tasmania, Australia, Convict Pardons, 1834-1859. via NSW State Archives
22.  Parish Marriage Record
23.  St Stephens Chapel http://cathedralofststephen.org.au/visit-us/st-stephens-chapel/
24.  Parish Baptism Record
via Ancestry.co.uk https://www.ancestry.co.uk
25.  Earl Grey Scheme http://www.irishfaminememorial.org/history/earl-grey-scheme/
26.  Shipping Records – Lady Peel & Digby via QLD State Library
27.  Letters re: Free Immigrants arriving Sydney via QLD State Library
28.  Moreton Bay Couriervarious daates via QLD State Library
29.  Letters from Immigration Office via NSW State Archives
30.  Plan of the Town of Warwick 1859 via Warwick City Council
31.  Application to Select a Homestead ; Register of Lands Sold September 1842 – February 1861 : Reports of Sales, Description of Lands : Map of the Town of Warwick, Parish of Warwick, County of Merivale, Darling Downs, Queensland 1859 via QLD State Archives
32.  Certificates of Title via QLD State Archives
33.  Decisions of the Superior Courts of New South Wales, 1788-1899  http://www.law.mq.edu.au/research/colonial_case_law/nsw/site/scnsw_home/

34.  The Tenterfield Star 17 September 1984 (Family Papaers)
35.  Register of Selectors and Lessees of Land via QLD State Library

36.  Affidavits by son William Jnr and friend James Fenwick in support of Application to administer William Snr’s Estate (Family Papers)
37.  Queensland Electoral Rolls CD: 1860 - 1869 & 1870 – 1879
via Ancestry.co.uk https://www.ancestry.co.uk
38.  Affidavits by son William Jnr and friend James Fenwick (Family Papers)


Other Sources:
Australian Encyclopaedia
Conditional Pardon – Colonial Secretary Register of Convicts recommended for Conditional Pardon 1826 -1856
via Ancestry.co.uk https://www.ancestry.co.uk
FamilySearch
https://www.familysearch.org/search/
Irish Famine, The
by Jim Donnelly http://www.bbc.co.uk/history/british/victorians/famine_01.shtml 
Darlinghurst Goal https://www.australianpolice.com.au/chronology-of-policing-nsw/darlinghurst-gaol/
Loth Sutherland
http://www.theclearances.org/clearances/parishes.php?parishid=34
Warwick
http://www.queenslandplaces.com.au/warwick

 

I sincerely thank all other Clunes researchers for their willingness to assist and to allow me copies of papers/documents held.


Please contact me for further information