Thomas Clarkson - PAIN, TROUBLE AND
RESPONSIBILITY
Thomas turned to one Robert Lathrop Murray for
assistance with his
financial affairs on many occasions. Murray, born in England in 1777
had served in the army there but having_ been found guilty of bigamy
was transported to NSW per the ship "Fanny" in 1816. On his arrival he
was employed by D'Arcy Wentworth and at a later date was a clerk for
the Bench Magistrates. Now, simply described as Gentleman, he was to
figure prominently in Thomas' affairs.
On 12 July 1819, Thomas settled his accounts with
Murray. Payment was
made by means of promissory notes and Thomas took out a Warrant of
Attorney to indemnify Murray against any losses. (This meant Murray
would not be liable for payment.) The notes in question were for
£150, £150, £250 and £168 and Thomas considered
all was more than settled by these payments.(14) Image of Warrant
A month later, a very interesting notice appeared in
the Sydney
Gazette, dated 14 August 1819.(15) Image
of Notice
By Mr
Lord
The following very valuable property.
Part of the Estate of Mr Thomas
Clarkson, proceeding to England
Here we find listed some of the impressive premises
Thomas had amassed
and these were being sold either by auction or by Mr R.L. Murray who
had been authorised to dispose of any part by Private Contract. The
properties included;
A
Macquarie St Residence, finished in the best and most expensive
Manner,... two double storey dwellings at the corner of Phillip and
Hunter St, a two storey house in Bent St, with good stable and large
garden, a good stone house in Phillip St, extending though to Elizabeth
St,.. three well built homes in Pitt St,… Cleaveland
Gardens and several farms and houses in various parts of the country
From this sale the premises in Macquarie St
apparently became D'Arcy
Wentworth's and Cleveland Gardens passed to Daniel Cooper. (transaction
of September from Murray to Cooper).(16) The other properties were
retained.
In November, Murray again claimed that Clarkson was
still in his debt
for £800 and took him to court to recover the arrears.(17) There
was some difference of opinion between the parties over the notes
mentioned in the previous warrant of attorney, dated 12 July 1819.
Thomas claimed one of the £150 notes more than covered the
balance he owed Murray in July but that Murray requested it be included
as well. Thus, as Clarkson said no other statements had been
furnished to him from Murray since then, he was sure that if the
accounts were examined, they would show a definite amount overpaid.
Murray denied he had insisted on the excess from
that note of
£150 being paid to him, as Thomas had stated. Murray maintained
that…
Defendant
(Thomas) from his first transaction with his deponent
(Murray) has constantly been more or less considerably in his
deponent's debt.(18)
Murray cited cases where he had paid large sums of
money to Thomas to
enable him to remove executions on his property.... (19)
..once at the suit of Mr Crossley on Thomas' home,
another at the suit
of Mr Forbes -- (it will be remembered that Forbes was the gentleman
who was refused tenancy of the house in Macquarie St,) and another unto
Mr Garling....
"to
extricate Defendant's person from execution…and at times when
defendant (Thomas) stated to be utterly devoid of resources."
He claimed he had settled many accounts for Thomas
and that at all
times Clarkson accepted that he was considerably in Murray's debt.
Murray finally stated he was unable to open his
accounts for perusal as
many of the vouchers and receipts were given up to Thomas and had been
destroyed on settlement.
As for Thomas' claim that he, Murray, owed him money
it could be seen
from the accounts produced to the court that Clarkson had signed his
agreement of the debt he owed to Murray. He firmly stated that he had
never once charged any interest...
"for
the large sums of money he was continually (giving) in advance for
him, nor was any charge ever made by him, for agency or for the pains,
trouble and responsibility he had been at in Defendant's affairs".(20)
According to Murray, Thomas had never objected to
the accuracy of his
accounts until he was faced with the demand for a sum upwards of
£200, now due and owing to Murray.
As a result of these proceedings, a judgement was
signed giving Murray
permission to recover the debt from Thomas' possessions.(21)
on the 4th of December Thomas' , ...
"house, baker shop, and premises
situate in Hunter Street, the
residence of the Defendant, together with the stork in trade and sundry
articles of household furniture, goods, chattels and
effects"
These were advertised for sale,(22) but the debt was
settled by some
other means and the action was cancelled, the levy being withdrawn by
Murray's solicitor Mr Moore.(23)
On the 5th of April Thomas again signed an
additional Warrant of
Attorney for a suit at the action of Murray.(24) --- this time for
£220 sterling stating that no execution be issued until 25
December 1820. On 16 September 1820, Murray sold his interest in this
Warrant to Simeon Lord for £234/14/-.(25)
Early in 1821 Murray again sued Clarkson for
£400 damages and was
again awarded a verdict to recover his losses. (No more details can be
found on this case).(26)
Page last updated - 7 July
2006