Shipping records

Lawrence Ormond Butler and his brother, Walter Butler, were listed as passengers on the “Warrior” which left Hobart in June and arrived in Sydney on 26 July, 1833. [i] Walter had gone to Tasmania with his mistress in 1832, and it would appear that Lawrence had accompanied them.

They may have received reports that Arthur Hill was in poor health in 1833 and no longer working with “The Monitor”- he died the following year in March 1834. As Lawrence was apprenticed to Arthur Hill, Edward Smith Hall must have been unable to enforce Lawrence’s commitment to his Apprenticeship. As a result Lawrence decided to try his hand at another career- that of a publican. It was to be short-lived.

Lawrence Ormond Butler's Publican’s licence in Sydney

In the same month that the family's Pitt Street properties were sold, Lawrence placed an advertisement in "The Australian" Friday 4 October 1833,
and "Sydney Monitor" Sat 5 Oct 1833 p3:

Change for change (and nothing else)

may be had at the

GOLDSMITH'S ARMS

Pitt Street, Sydney

LAWRENCE BUTLER

Begs leave to inform the Public, and his Friends particularly, that to the above House he has now commenced PUBLICAN whereby strict attention to business; a due regard to decency and decorum; and an ardent desire to please, by always leaving on hand the best of ........., he hopes to merit their support. LB purchasing his STOCK on the most advantageous terms- READY MONEY- can ensure his Friends and Patrons that his wines and spirits shall be of the finest flavour, not to be excelled in Sydney.

The “Sydney Gazette” the day before[ii] gave a list of Public Houses for Sydney transferred at the Police-office on Tues 1^st October- these included:

“Lawrence Butler to the ‘Goldsmith’s Arm’s, Pitt Street, formerly Henry Charles Dodman- granted;

Walter Butler, to the ‘Manchester Arms’, George-street- granted (and John Gorrick, from the ‘Manchester Arms’, George Street, to the ‘Bee Hive’, in Campbell street- granted).”

In the 1834 Sydney Directory, Lawrence still had the license for the “Goldsmith’s Arms” and his brother, Walter was still listed at the “Manchester Arms’ in George Street, [iii] however, the Sydney Herald Thurs 9 January 1834 p.1 has a list of the 'quarterly transfer of publican’s licenses granted', including the “Goldsmith’s Arms” in Pitt Street, transferred to James Barker by Lawrence Butler, so it would appear that Lawrence’s publican’s career was short-lived.

The land on which the Goldsmiths Arms stood was put up for sale in August 1834. [iv] The property including outhouses and the materials (divided into smaller lots), realized a total of ₤1938. The property was in the block between Hunter and King Streets, opposite his father’s Pitt Street properties, block number 11 described in the Government Gazette, [v] placed between Samuel Terry, Joseph Wyatt and James Plank, measuring 1r 10p. This gives us some idea of the value of their father’s properties which were sold the year before, and therefore the financial position the three siblings were in.

In October 1833, Lawrence was assigned a male convict, A.J. Rogers, as a servant. [vi]

A notice in the 'Sydney Gazette', (12 April 1834, p3S), has a List of Transfers of Male Convicts in December 1833:

G.M. Slade, Castlereagh-street, a servant, from Laurence Butler.

In March 1834, Lawrence placed an advert in the “Sydney Gazette” -Sat 8 March 1834 p4

“WATCH STOLEN

£5 Reward

A Silver Hunting Watch, no 2,496. Capped and Jewelled; Maker’s name Chouder, with a gold chain and three Gold Seals, value £15, having been STOLEN from me at a Public-house in Pitt-street, on the evening of Tuesday last (the 4^th instant), the Public are cautioned against purchasing it; and any Person giving such information as may lead to the conviction of the party or parties guilty of the theft, will receive the above Reward of Five Pound.

Lawrence Butler.

Manchester Arms, George-street, March 5 1834.

The adverts were repeated on the 11^th ,15^th, and 18^th May. An advert in The Australian on March 7, also stated the maker as CHOUDER of London. Interestingly Lawrence gave his contact address as at his brother’s hotel. Whether he had bought this watch himself, or whether he had inherited it from his father is unknown. The name of Chouder as a jeweller or watchmaker is unknown.

Butler property at Petersham

On 17^th, 22^nd 25^th, 29^th July 1834, Walter and Lawrence placed adverts in The Australian in relation to their inherited farm in the District of Petersham:

Lawrence placed several adverts in the “Sydney Gazette” during the month of May and on June 2^nd the following year 1835: (Walter had returned to Hobart at this time)

CAUTION:

The public are hereby cautioned against trespassing upon the farm of the undersigned, in the district of Petersham, adjoining the property of Mr. Windeyer, J.P., on the north, and on the east by the waterside, by falling timber, or otherwise injuring it. Any person found so trespassing after this caution will be prosecuted as the law directs.

LAWRENCE BUTLER

Sydney May 14^th 1835

In 1837, they sold that farm for ₤300, to solicitor George R. Nichols, a long term friend who had and would continue to represent them in various court cases.[vii]

Absconding from place of employment viz. 'Sydney Gazette'

Strangely, at the same time that Lawrence was placing adverts cautioning people for trespassing, a series of adverts appeared in the same newspaper accusing him of absconding from his place of employment, the 'Sydney Gazette'.

14 April 1835 page 3 (repeated 21 April)-

Sydney Gazette, Tues 21 April 1835 page 3:

LAURENCE BUTLER

CAUTION to THE PUBLIC

A Warrant having been issued for apprehending this person, as illegally absent from his hired service, the following Clause of the Act of Council is published: and the Proprietors of the Sydney Gazette notify their determination to prosecute any person who shall on any pretext harbour him, in conformity with the spirit of the Colonial Law.

EXTRACT Geo. IV, No 9.

II “And be it further enacted, That if any Person shall knowingly receive, employ, or entertain any such Artificer, Labourer, or Servant (under agreement) without leave of such other person or persons (masters) as last aforesaid, shall for every such offence forfeit and pay any sum net less than £5, nor more than £20.

Thus the very receiving or entertaining a person who runs away from his employment expires, may be fined in this penalty; and as a scandalous practice has lately prevailed for Printers to go sway without performing their bond, the Proprietors in this and all similar cases will reward any person who can bring to conviction any person harbouring their hired servant Laurence Butler.

Once again, Lawrence was breaking his terms of employment.

It is very possible that Lawrence had returned to Tasmania with his brother Walter during his time of absence from his employment- he may have been unaware of the newspaper’s advertising campaign, although one would assume he must have been near Sydney in mid 1835 to have placed the advertisement about trespassing on their Petersham farm.

One year later, Lawrence absconded once again, and was in Launceston at the time:

Sydney Gazette 29 May 1836 p3:

LAURENCE BUTLER and JOSEPH REES

Hired Compositors for 6 months each to this Establishment, having absconded from their work, a Reward of ONE POUND will be given to any Constable or other Person who will apprehend and lodge in custody either of these parties, that they may be dealt with according to Law, and any Person found harbouring or employing the said Lawrence Butler and said Joseph Rees will be prosecuted.

Gazette Office 14^th May 1836.

The adverts continued during June;

Sydney Gazette, Tues 21 June 1836 p3:

ONE POUND REWARD

LAURENCE BUTLER

A Free Hired Compositor at the Gazette Office, having absconded, the above Reward will be paid for his apprehension, on application to this Office; and all Persons are cautioned against Employing him, under penalty of being prosecuted.

Gazette Office 21^st June 1836

(Repeated Thurs 23 June Sat 25 June, and Tues 28 June)

The advert on the 30 June (p3) was even more insistent:

LAURENCE BUTLER

The Public are Cautioned against harbouring or in any way employing this Man, he having absconded from this Office before the expiration of his written engagement, as any Person found doing so after this Notice, will most certainly be prosecuted with the utmost rigour of the Law, and as a warrant has been issued for his apprehension a Reward of ONE POUND will be paid to any one who will lodge him in safe Custody.

Gazette Office

29^th June 1836.

There are no further advertisements. The editor at the time was a William Watt- interestingly George Cavanagh was employed at the Gazette in 1833 and succeeded Watt sometime in 1836. Cavanagh would employ Lawrence some four years later, in Melbourne .

On 19 April 1836, the Sydney Gazette, Shipping News, Departures for Launceston, had Mr L. Butler on the Tamar.

The Sydney Gazette, Saturday 2 July 1836 (p2), then reported:

“Caution to Free Hired Servants.

Laurence Butler appeared at the bar of the Police Office, yesterday, under the following circumstances. On the 25^th February he entered into an agreement at the Sydney Gazette office, for the period of six months, as a compositor, at the Weekly salary of 35s.

Some time ago he thought proper to absent himself from work. He was apprehended in consequence, and upon his being had up before the magistrate, was sentenced to be confined in Gaol for a period of twenty days. At the expiration of this sentence, he refused to return to work, unless his salary were raised to 38 shillings per week. This being refused as contrary to the existing agreement, he again absented himself, and was not taken till Thursday night last.

The above facts having been proved on oath, Mr Nichols (viz. long term friend George R. Nichol, solicitor) on part of defendant said-That the reason why he, defendant, would not work, was, his having been already punished. And he (Mr Nichol) would submit it to the bench, that having been so punished, he was not bound to go back again. He had not been in service since he was in gaol, and as this was merely the same offence, he could not be punished twice for it. Another point was, that the written agreement was invalid, inasmuch as defendant could take no advantage of it. The Act required that the agreement should have been with some particular person or persons, but there was no tangible party mentioned in this. If he had been harshly dealt with, he would have had no remedy- it contained no mutuality of contract, and as he could not have brought any action upon such agreement, he was not bound by the conditions. Besides, the intention of the Act was as much for the protection as the punishment of a servant.

The Chief Police Magistrate said- That by the affidavit of Mr Cavanagh of the Gazette Office, it was proved that defendant had received wages and acted under the agreement for some weeks, and could have sued Mr C. upon it.

Mr Nichols then said- There was another objection; the Act only applied to menial or house servants. As a compositor’s business was of a mental and a manual nature, he did not come within its meaning. Mr Knowles might as well bring up his performers under the Act for not having their parts correct. Mr Cavanagh stated that he did not consider a compositor’s business a mental one, they had the copy before them and the putting up the copy was more mechanical than otherwise.

The Chief Police Magistrate then said- The bench were bound to punish the defendant unless he served his six months, together with the twenty-one days he was in gaol, and also the time he had lost since. They therefore ordered that he should be confined in Sydney gaol, for the period of two calendar months.

We have thus gone fully into the defense raised on the part of the defendant’s solicitor, in order that hired servants may be more firmly convinced they are not to play fast and loose with an agreement, to suit their own caprice to the great annoyance of employers, and serious detriment to their __ (intercase?)

We understand the defendant subsequently applied to be admitted to appeal to the Quarter Sessions, which was allowed on his finding sufficient bail.”

There was a follow up report in the Sydney Gazette to this case, the result of which, was that the conviction was quashed.

Sydney Gazette Tues 19 July 1836 page 4:

Quarter Sessions Wednesday July 15 1836

Before the Chairman , Messrs J.E. Manning Esq., J.P., and William Foster.

APPEAL- Rex v. Butler

This was an appeal against a conviction by the Sydney Bench, who had found appellant guilty of absenting himself from his hired service, contrary to an Act of Council, passed in the 4^th WM.IV, for the better regulating free hired servants.

Mr Nicholls, for appellant, submitted that the conviction must be quashed upon two grounds.

First upon the ground of duplicity and irregularity. It did not appear from the conviction that appellant had been hired for any specific time as required by the Act. And, further, from all that appeared upon the conviction, the hiring, upon which the Magistrates had adjudicated, might have been a hiring to perform merely a particular job of work which would not come within the meaning of the Act.

Secondly, it did not appear upon the face of the conviction how he had been employed, whether or not it was in such a way as came within the jurisdiction of the Magistrates, neither did it show where the hiring took place; it might have been at Van Diemen’s Land, for aught they could gather to the contrary.

The Magistrates having consulted for a short time, decided that the conviction was not drawn up with sufficient accuracy, and therefore it must be quashed.

The printing room of the Sydney Morning Herald- a wooden printing press.

NB compositor at rear of picture

(Source of picture: “Australia’s Heritage- the making of a nation”, Vol 2 The formative years, p208, Hamlyn House Sydney, 1971)

Printing Press 1832, type imported by Sydney Gazette, to replace the wooden printing press.

Shipping records

On the 7 February 1837, Mr L. Butler travelled on the “Francis Feeling” to Hobart, and returned from Hobart, again on the “Francis Feeling”, on 22 April 1837 (Sydney Gazettes).

The Sydney Gazette reported the following case (Thursday 17 August 1837 p3):

Jones v. Hawe- Plaintiff who is a printer, residing in Bridge street, appeared against defendant, who is the landlord of the Angel and Crown Harrington Street, and also a compositor; charging him with absenting himself from his hired service. It appeared according to the statement of plaintiff, that defendant had entered into an agreement with Laurence Butler, at Hobart Town, to work for him upon his arrival in Sydney at the rate of ₤2 per week; he did work for some time, but about two months ago he left his work.

The case continued that Hawe had offered Jones money to cancel the agreement which was refused. The case was dismissed.

This case gives us the information that Lawrence was in Hobart when this agreement was made, and was engaging printers on behalf of Mr Jones.

Lawrence also placed two advertisements in the "True Colonist, Van Diemen's Land Political Despatch, etc", Friday 17 February 1837:

Sometime within the next year or so, Lawrence was once again in trouble with the law, resulting in a jail term, no doubt as a result of the issue of his 'absconding' from his employment.

Liverpool Gaol 1838; and his solicitor George Robert Nichols:

The following letter was written by Lawrence to his lawyer in 1838: [viii]

Liverpool Oct 30 1838

Sir.

I would take it as a great favour if you would call at the gaol on your way to Campbell town Sessions. It is expected that the Sessions will be very heavy. There are four or five who will retain you when you get to Campbell Town.

One of them named Ryan will have £7 to receive on his arrival at Campbell Town. He is going to employ you so you will know how to deal with him. Another named Pepper is to be tried but how the exchequer stands I don’t know. I drew out a statement for him yesterday. The two men for robbing Jobbins the butcher were not committed until yesterday. What I want to see you about is to know if my time goes from the day I was sentenced or from the date of the warrant. If by the latter I will not be out until 15^th of January- by the former the 24^th December. Do you think a petition would do any good- if so in what manner would it be drawn out and by whom signed. If you will have the kindness to ask(?), you will oblige.

Your humble servant

L. Butler

Addressed to Pitt Street, Sydney

G.R. Nichols Esq

(George Robert)

This letter indicates that Lawrence was sentenced for a crime, and whether his imprisonment was once again related to his frequent absences from his employment, or for some other matter, is unknown. He was due for release in January 1839, and he then moved to Melbourne soon after. Maybe that move was due to his imprisonment and his wish to make a fresh start, unencumbered by a criminal record.

His solicitor, George Robert Nichols would have a long association with Lawrence and his brother Walter, and had an interesting history himself. Nichols (1809-1857) was the Australian born son of ex-convict, Isaac Nichols, successful entrepreneur and Australia’s first Post-master. Isaac Nicols was married to Rosanna, the daughter of Major George Johnston’s convict mistress Esther Abrahams, whom Johnston eventually married in 1814 (Rosanna being born while Abrahams was in Newgate Prison, before transportation). The Johnston’s property, Annendale, was adjacent to the Butler’s 100 acre farm in the District of Petersham, bought by George Nichols from the Butler siblings the previous year 1837.

George Robert Nichols 1809-1857

(State Library of NSW PX*D624)

George Nicols was sent to England in 1819-1823 for his education and was admitted as a solicitor in NSW in 1833. In the 1830’s Nichols purchased and edited “The Australian” newspaper. Edward Hall had sold his “Sydney Monitor” in 1838 and conducted “The Australian” until 1848. Nichols was also a political associate of Wentworth’s. In 1843 he was elected in the first Legislative Council on NSW, along with Wentworth. Nichols was appointed Provincial Grand Master of the Freemasons lodges of NSW, S.A. and V.D.L in 1839, and was replaced as Grand Master of NSW in 1849 by Captain Joseph Long Innes, a Sydney magistrate and former officer of the 39^th Regiment. Captain Long Innes would also give support to Lawrence in a job application described later.[ix]

George Nichols stated at the court case of Lawrence’s brother Walter (in 1840), that he and Walter had been to school together, being of the same age. Nichols also bought from the Butler siblings, in 1837, the 100 acre farm at Petersham left them by their father. The Butler brother’s association with George Nichols would continue until at least 1850.

First Marriage

Lawrence married three times. He married his first wife, Catherine Gorman,18 yrs, in Sydney in October 1833.

She died 6^th December 1838, and was buried in Sandhills Cemetery Devonshire, C. of E. section. Her headstone read:

Sacred to the Memory of Catherine Butler who Departed this life the 6^th day of December Anno Domini 1838 aged 22 years.[x]

Their only son George Henry (Ormond) Butler, was born in August 1834 [xi], and baptised on 26 August in the parish of St John's, Parramatta. Notably he was not baptised with the middle name of 'Ormond', but by the time of his marriage he was known as George Henry Ormonde Butler

Catherine is listed in the 1828 Census, living at Parramatta, a R.C., aged 12, born in the colony, servant to Esther Hendle and her two infant children.

Her parents were living at Parramatta- Thomas Gorman (1776-1849), a wheelwright from Trim, Ireland, who arrived on the “Rolla” in 1803, convicted in Dublin of robbery and given a life sentence , living with his wife Catherine Gorman nee McLaughlin (1783-1838), who arrived on the “Tellicherry” from Ireland in 1803 with a seven year sentence. [xii] Both were Catholic, and Thomas had received a conditional pardon. Given that Catherine and Lawrence were both Catholic, it is strange that they were married by a Presbyterian Minister.

In 1839, Lawrence was calling himself 'Lawrence Ormond Butler'. He placed an advertisement in the Commercial Journal and Advertiser, Sat. 23 Feb 1839 p.3:

(There were several convicts named William Hanson, but the most likely was transported in 1820 on the 'Agamemnon' and assigned to William Cox Esq at Windsor.)

The advert revealed Lawrence had been living with his brother Walter at Kemps Creek where Walter was keeping an inn called the 'Plough Inn'.

Later that year, in December 1839, Lawrence's brother Walter was charged with stealing a horse 16 months earlier. In his defense, Walter said he had written to 'his brother at Port Phillip' who could prove he bought the mare about two years ago when he went up the country to keep an inn. Walter was found 'Not Guilty'.
So, sometime between February and December 1839, Lawrence had sailed to the new settlement of Melbourne. And by 1841, Walter had followed Lawrence to Melbourne.

[i] Peter Larson, Australian Shipping 1788-1968, website www.ozships.net/ozships , Arrival-Warrior

[ii] Sydney Gazette, Thurs 3 Oct 1833 p2

[iii] The Australian Almanack and Sydney Directory for the Year 1834, microfilmed for the NLA by AGPS,1987

[iv] Sydney Gazette Thurs 28 Aug 1834 p3 “Value of Land..”; also 12 August Samuel Lyons, 23 Aug.

[v] Government Gazette 1835, p41-43- Town Allotments, Section 38, No 11.

[vi] NSW Govt Gazette 1834, p147, List of Transfers of Male Convicts in October 183;

[vii] Ken Leong, Rozelle Hospital 1819-1984- the amalgamation of Callan Park Mental Hospital and Broughton Hall Psychiatric Clinic, thesis for Bachelor of Architecture at School of the Built Environment, University NSW, 1984

[viii] State Library of NSW- Mitchell Library ML DOC 815

[ix] G.P. Walsh, George Robert Nichols (1809-1857), Australian Dictionary of Biography, Vol 5, Melbourne Uni Press, 1974 pp335-336; and: Grande Lodge of Ancient, Free and Accepted Masons of South Aust. and Northern Territory- Historical aspects of freemasonry- a chronology of the early Historical aspects of Freemasonry in Australia to 1848- www.freemasonrysaust.org.au/historyearly.html

[x] AGCI Record held by SAG Ref B7/11/38 p26; B7/11/59 p51 Record No 914 (S-F)

[xi] NSW Registry of BDM- V183499 18/1834- birth George Henry Butler

[xii] The Monaro Pioneers Project- Pioneers and Settlers database- Thomas Gorman- www.monaropioneers.com

Lawrence Ormond Butler (1812-1856)- The adventurous life of the son of an Irish convict in NSW

Sunday, 2 September 2012

Lawrence Ormond Butler - Ch. 2: The Years 1833-1839

Shipping records

Lawrence Ormond Butler's Publican’s licence in Sydney

GOLDSMITH'S ARMS

Butler property at Petersham

Absconding from place of employment viz. 'Sydney Gazette'

Shipping records

First Marriage