Lawrence Ormond Butler (1812-1856)- The adventurous life of the son of an Irish convict in NSW: Lawrence Ormond Butler- Ch. 4: Years 1845-1856

Lawrence Ormond Butler's Third Marriage

Lawrence Butler’s wife Agnes MacPherson was the widow of a Scotch clergyman, according to her job application in 1845. It is unknown what happened to Agnes, however Lawrence either separated from or divorced her, or alternatively, she died. No record of her death has yet been found.

A Shipping Record in the Sydney Morning Herald 28 Feb 1854 (p4) has listed a Mrs Agnes Butler travelling on the Waratah from Sydney to Port Phillip travelling cabin-class- whether this refers to the same woman is unknown.

(NB. A death record for an Agnes Butler died 1909 Geelong, aged 86, born Scotland, refers to an Agnes Blair married to a James Powell Butler)

There is also the possibility that Agnes returned to Scotland from whence she arrived only two months before her fateful marriage to Lawrence. Her brief experience of the new colony was not a happy one.

According to his death certificate details, Lawrence either remarried or was living with a Frances Rainy sometime in 1845/46 (although there is no known record of the marriage, his death certificate states he was married at the age of 30 ie.1842 which confuses matters), however, this stated age must have been incorrect- his age at death was incorrect by three years). Lawrence and Fanny had five children between 1846 and 1853- William, Fanny, Emily, Sarah Jane, and a deceased male child.

There is no birth record for William in the BDM records, which may indicate that he was illegitimate. Lawrence sailed from Sydney to Port Phillip on the schooner Martha and Elizabeth in August 1845 and was in Portland 1846 until at least mid-1847. In son William's death certificate of September 1887, William’s age is given as 39 yrs 6 months which indicates he was born in March 1846 and conceived in June 1845 while Lawrence was still married to Agnes.

There are birth records for his two sisters, Fanny in 1850 and Emily in 1853, [1] both born in Sydney.

Lawrence and Fanny's last child Sarah Jane was born posthumously. Her death record reveals she died in July 1910 aged 51, age at marriage 16 (ie. in 1874 to John Gibson), parents Lawrence Butler, compositor, and Fanny. She therefore must have been born about August 1857, eight months after her father’s death on 24 December 1856, her birth unregistered.
(NSW Registry of BDM death 1910/8331; marriage to John Gibson 1874/1012)

Agnes Butler’s job application with the Government Printing Office

Lawrence and Agnes returned to Sydney, and they both applied for jobs with the Government Printing Office in early 1845. An application from Lawrence was dated in February and one from Agnes was received by the Printing Office sometime in July 1845. The position was for Matron in charge of the welfare of the apprentices in the Government Printing Office. Interestingly, the eventual successful applicant, a Mrs Holmes, was recommended by Caroline Chisholm. Agnes’s application was endorsed by the Rev. John Dunmore Lang, George Robert Nichols Esq. who was Lawrence’s solicitor to whom Lawrence wrote the letter in 1838 from jail (previously discussed), and Mr John Lett.
Agnes was described as a “widow of a Scotch Clergyman since married to a compositor in “The Morning Chronicle” office- honest and respectable people”.[2]
Her application had revealed where Lawrence had been employed for the past two years.

Lawrence’s job application to Government Printing Office in 1845

Agnes’s job application was four months after Lawrence also applied for a job in the same government department. His employer, The Morning Chronicle, was published by Michael D’Arcy between 1843-46. The newspaper, the forerunner of the “Catholic Weekly” newspaper, began as “The Australasian Chronicle” in 1839 and underwent several name and management changes, including “The Morning Chronicle”, “The Chronicle”, and “The Sydney Chronicle”. In 1850 it was succeeded by “The Freeman’s Journal”, which was printed on an old hand-turned “mangle” in the gallery of St Mary’s Seminary, a building adjacent to the first St Mary’s Cathedral in Sydney. It was not an “official organ” of the Church, but a general newspaper with a focus on Catholic and Irish affairs. One of its greatest achievements was its work for Catholic education and its tireless crusade against unfair discrimination of denominational schools.” [3] One of his referees, William Raw, described Lawrence's employment for the past two years as having had the management of a printing office.

The Colonial Secretary’s Correspondence contains two letters written by Lawrence, applying for positions as a clerk and for a position in the printing office. The first application was in February 1845, [4]and indicated that Lawrence was then living in Sydney and he stated he was unemployed.

First application 1845:

Bridge Street, Sydney.

Feb 26^th 1845

Lawrence Butler

Sir,

Application for an appointment under Government.

I beg leave very respectfully to lay before you my application for some appointment under the Government, and to submit to you the accompanying testimonials in my behalf.

In soliciting your favourable consideration of my application, I may be permitted to state that, I am Native born of this Colony, that I am a Compositor and that, I have for several years been engaged in that capacity. I am now without employment, owing to the great increase of Tradesmen of this calling and having a wife and two Children depending on my exertions for support.

I beg respectfully to state that, I feel myself qualified for the duties of Clerk to a Clerical situation, but that, I should thankfully accept any appointment for which the Government might be pleased to think me qualified and that it shall ever be my anxious endeavour to show that your Kindness has not been bestowed to an undeserving person.

I beg leave Sir

With the highest respect

To remain Your most

Obedient, humble servant.

Lawrence Butler

Reply:

Let his name be noted in the Book as a candidate for employment and inform him accordingly- adding however, that there is no present vacancy, and it is uncertain when one may occur, whilst there are several other parties whose names stand before him on this list. 27^th Feb

Lawrence Butler

28^th Feb (ticked)

Testimonials:

I have known Mr Butler for some years- during the last two he has had the management of a Printing Office. He is a steady industrious young man and in whose integrity I would implicitly rely.

Wm Jn Raw

27 Feb 1845

I have known the bearer Lawrence Butler for some years and have always ___ considered a well behaved person.

A. Macd_____

Sydney 24 Feb 1845

I have known Lawrence Butler for two years during which period I had every opportunity of witnessing his steady and industrious conduct.

Feb 25^th 1845 Signature?

I have reason to believe that Lawrence Butler is a young man of honesty and integrity. I do not myself know him, but from strict inquiry I am perfectly satisfied that his character is very good.

J. Long Innes

22 Feb 1845

(This was Captain (later Major) Joseph Long Innes, Sydney magistrate, former officer of the 39^th Regiment and Superintendant of Police, married to Elizabeth Reibey, daughter of the famous Mary and Thomas Reibey- their son of the same name, would become an influential politician and judge.)

Charged with absconding from the Portland Gazette

Following the unsuccessful first application in 1845, Lawrence returned to Victoria and obtained a printing job with the Portland Gazette, in Victoria. Portland was one of the trading ports on the Victorian coast often visited by his brother Walter Butler’s trading vessels.

The Australian Thurs 14 Aug 1845 p2,

Shipping Intelligence,

Sailed from Sydney 12 August- The schooner MARTHA & ELIZABETH, for Port Phillip, with sundries. Passengers… Mr Lawrence Butler.

Notably Agnes did not accompany him. By this time he had impregnated Fanny Rainy, so maybe this affair resulted in their separation. Also notably, Fanny was not with him either. She gave birth to William in Sydney in the following year.

The “Melbourne Argus’ reported that, once again, Lawrence had broken his employment contract and was again charged and imprisoned.

The Argus- Tues 8 June 1847 p2

Supreme Court

In Chambers

Friday 4^th June 1847

(Before His Honor the Resident Judge)

Lawrence Ormond Butler, a prisoner confined in the Melbourne Gaol, under a sentence of the Portland Bench, appeared on a writ of Habeas Corpus, to apply for his discharge.

Mr F. Stephen, solicitor, moved His Honor to order the discharge of the prisoner on the ground of numerous technical informalities in the warrant of commitment, which was signed by James Blair, Esq, Police Magistrate of Portland, and S.G. Heaty Esq, J.P. From Mr Stephen’s statement, it appeared that Butler, who is a compositor, had been sentenced to three months imprisonment, and amerced in the sum of ₤1 6s 6d. costs, on a charge of absconding from the hired service of Mr Osborne, proprietor of the Portland Gazette.

His Honor granted the application, and Butler was discharged accordingly.

The Cornwall Chronicle (Launceston) Wed 23 June 1847 p2, discussed the case and harsh verdict and made a scathing comment on the local magistrate:

[From the Portland Guardian]

A FLAW IN THE COMMITTAL-On Friday last, a person named Lawrence Ormond Butlers, who had been committed to gaol for three months under the Masters and Servants Act, by the Portland Bench, was brought before is Honor the Resident Judge in chambers, and released from custody, the committal exhibiting even a greater want of knowledge of that sublime science the law, than many commitments emanating from the Melbourne Bench. Considerable harshness appears to have been exhibited by the Portland Bench towards Butler, who was not only sentenced to three months imprisonment, but was directed to pay costs to the amount of one pound six shillings and sixpence- P.P. Patriot.

(The journalist continued)
Here is a rich example of stipendiary talent; a portrait of the doings of the police magistrate of Portland; a gorgeous display of Portland Police efficiency; an exhibition of the rare judicial qualities of our salaried P.M. and an honorary J.P. combined. Each day, as it arrives, adds some fresh instance of the utter incompetency of the Portland Bench , under its present lame management, to command the confidence of the inhabitants. The sentence passed upon the unfortunate man, whom the bench got into their power, was illegal and disgraceful. It was the most vindictive sentence that any bench could pass, with the least colour of the law to commend it. It has met its equitable reward, the shame, and scandal of the bench by which it was ___.

What does Mr Blair receive his salary for, if it not to perform the duties of the magistracy creditably to the Government by which he is appointed? Yet here is another scandalous transaction occurring, reflecting disgrace upon the district, upon the whole body of the Port Phillip Magistracy, and most of all upon the Government which appointed and still upholds an incompetent officer. He is filling his coffers at both ends: his salary going on while he is attending to his private affairs to the neglect of his public duties, and to the mismanagement of the police business. Mr Blair will never make a magistrate. Etc. etc.

Interestingly Lawrence Butler’s case was used in a defence by another employee “refusing to work’, who claimed that he did not come under the “Masters and Servants” Act, just as L. O. Butler had been released under the terms of that Act. ( Argus Tues 28 Nov 1848 p2)

There was also an enquiry to be held into the conduct of the gaolers where Lawrence was incarcerated in 1847. A scathing editorial in the Port Philip Gazette & Settlers Journal, Mon 12 July 1847 p2, named Lawrence:

How Lawrence managed to gain employment with his record of absconding from his employment, is difficult to understand. His reputation as a poor employment risk was now widespread throughout the colony. Why he continually absconded is also difficult to understand given that he was now of a mature age. He must have gained another position in the following two years as he was recorded as a printer in Collins Street Melbourne in the Port Phillip/Victorian Directory of 1849. Collins Street contained most of the Melbourne newspapers at that time. And in a court case in November 1849 Lawrence was described as the overseer of the 'Victorian Colonist Office'.

The Geelong Advertiser Tues 6 November 1849 page 2 reported:
COURT OF REQUESTS
Forrest v. Webster
Claim for advertising a dissolution of partnership in the Corio Chronicle, etc. etc.
Forrest v. Lawrence Butler
Defendant is overseer of the Victorian Colonist Office and was in the office at the time plaintiff was proprietor of the Corio Chronicle. The advertisement had been placed in the hand of the defendant by a Mrs Brown, and defendant gave it in for insertion but merely as one connected with the establishment. Judgment for the defendant.

Old Post Office Melbourne 1853 by J.B. Philip

State Library of Victoria Accession No. H2100; Image3 nc000739

The second government job application by Lawrence Ormond Butler

Sometime in early 1850, Lawrence moved back to Sydney, where he once again unsuccessfully applied for a position in the Government Printing Office [6] , reminding them of his previous application and their promise to consider his appointment when a position became available, and claiming he was unemployed again. He had returned to live with Fanny. His given address on his daughter Fanny’s birth record on 15 September 1850 is Pitt Street.

The reply to the second application in 1850 was to be directed to a Mr Alcock, a printer. Edward Alcock was a publisher, editor and printer in the City Printing Office between 1844 and 1847, and then a printer in George Street. [5]

Interestingly, Lawrence claimed in both of his applications that he was supporting ‘two children’. The first application in 1845 would have referred to his child George Henry by his first wife. The second child is unknown at this stage- possibly this was the deceased child listed on Lawrence’s death certificate, and may have either been a child of his marriage with Agnes Macpherson, or a child from his relationship with Fanny Rainy. (A record of this child has yet to be found.)

The two children referred to on his second application in 1850 may have referred to 16 year old George Henry and 4 year old William, or to William and the deceased male child.

Colonial Secretary’s Correspondence Index to Convicts & Others 1848 to 1853- extracted by Joan Reese

Primary Source SRNSW Letter/Ref 50/4790 Shelf 4/2900 Lawrence Butler- SHIP/ID compositor

14^th May 1850

To the Honorable Edward Deas Thomson

Colonial Secretary &c., &c.

The Petition of Lawrence Butler

Humbly Shewith,

That your Petitioner is a Native of the Colony by trade of Compositor, and that has a wife and two children.

He further begs leave to state that five years back, he applied for a situation in the Mechanical department of the Government Printing Office, his application being accompanied with Testimonials of character and ability, and that such being approved of he was promised the first vacancy.

He therefore respectfully begs leave to renew his application, humbly trusting that being out of employment with a family to provide for, it will meet with your sympathy.

And your Petitioner will ever pray,

Lawrence Butler

Sydney May 13 1850

Address: Care of Mr Alcock

Printer

Opposite old Burial Ground George Street South

(i.e Edward Alcock, City Printing Office 1844-47)

For Lawrence Butler

On back: Refer to W. Davies

15^th May

signed ?

17^th May 1850

__ for the Colonial Secretary

signed ?

To be returned.

At present there is no vacancy and there are already two applicants on the list.

I have brought the subject under the notice of the Board.

WW Davies.

To be informed

25^th May

Death of Lawrence Ormond Butler

Lawrence died in Macquarie Street of consumption in 1856 at the young age of 44.

The Sydney Morning Herald 25 Dec 1856 p1:

DEATHS: Yesterday at his residence, Macquarie-street, of Consumption, Lawrence Ormond Butler, compositor, aged 41 years.

Notably his given age in the newspaper and certificate was incorrect.

His death certificate named Fanny Rainy as his wife, and only listed his children by her. He was still listed as a 'compositor'. Notably, his eldest son George Henry Ormond (b.1834) would also become a printer, and was possibly apprenticed to his father at one time, or at least learned his trade from him. George would eventually become Senior Officer in the Government Printing Office in Sydney.

Interestingly, the Minister named on his death certificate was of the Church of England- as he married his first and second wives in the Presbyterian church, he was obviously no longer a practicing Catholic, although he maintained a close association with the Catholic community as evidenced by the support given him by Bishop Geoghegan in his petition to the Court in Melbourne in 1841, and, his subsequent work for the Catholic newspaper in Sydney in 1845.

[1] NSW Registry of BDM; 7243 V45C/1850- birth Fanny Butler, 724/1874- marriage Fanny to James Killian, 21845/1936-death; 855 V35/1853- birth Emily Butler, 2095/1884 marriage Emily to William O'Toole, 19492/1929-death;
death Sarah Jane Gibson- 8331/1910; marriage to John Gibson 1012/1874

[2] SRNSW: Colonial Secretary’s Corres.- Index to Convicts and Others 1845- Letter 45/5986; Shelf 4/2688.6; Agnes Butler

[3] www. catholicweekly.com.au

[4] SRNSW: Colonial Secretary’s Correspondence Index to Convicts & Others 1843 to 1847- extracted by Joan Reese

Primary Source SRNSW Letter No 45/1522 Shelf 4/2693.1 Lawrence Butler SHIP/ID- for employment

[5] http://www.printsandprintmaking.gov.au/catalogues/artist/14612/edward-alcock.aspx

[6] SRNSW: Colonial Secretary’s Correspondence Index to Convicts & Others 1848 to 1853- extracted by Joan Reese

Tuesday, 4 September 2012

Lawrence Ormond Butler- Ch. 4: Years 1845-1856

Lawrence Ormond Butler's Third Marriage

Agnes Butler’s job application with the Government Printing Office

First application 1845:

Charged with absconding from the Portland Gazette

The second government job application by Lawrence Ormond Butler

Primary Source SRNSW Letter/Ref 50/4790 Shelf 4/2900 Lawrence Butler- SHIP/ID compositor

Death of Lawrence Ormond Butler

Primary Source SRNSW Letter/Ref 50/4790 Shelf 4/2900 Lawrence Butler- SHIP/ID compositor