Catherine Clarkson - NOT TO REST IN PEACE

    Thomas Clarkson had been dead barely a fortnight when a writ of Fieri Facias, outstanding from the judgement of December 1822 and dated 2 9 January 1824 was put into force.
    A notice in the Sydney Gazette announced the sale of ... "all the following valuable lands and premises:"(1)
1) A farm containing 70 acres or thereabouts situated in the district of Mulgrave P1ace, originally granted to Henry Lamb.
2} A fare containing 120 acres, more or less situate in the district of Cooke, originally granted to Benjamin Johns.
3) That piece or parcel of land, being one half of a moiety of a farm, called Whitton's Farm situate in the district of Wilberforce.
4) All that capital stone built messuaqe or tenement, with the yard, garden, offices, and stores, thereto belonging, situate at the corner of Hunter and Elizabeth St in Sydney, late the residence of the defendant. (Thomas).
5) The owner's interest in a certain windmill situate on, or adjoining the Surrey Hills and East of the New gaol.(2)
6) Also a cottage or dwelling house of the defendant's formerly belonging to H Printz and now in the occupation of James Sly, situate at the extremity of George St on Brickfield Hill.
7) Also all the defendant's household furniture and brewing utensils.
    The several properties were to be sold separately "for the benefit of the Estate" until enough money was raised to satisfy the levy imposed by the Courts.
    A week later, Catherine Clarkson of Hunter St, petitioned the Governor, to assign to her, a convict by the name of James Farrell, at present in Government employ at Emu plains.(3)
I humbly request, that you will be pleased to accede to such assignment of the said James Farrell, as a Government servant to me. I have recently Sir been left a widow with a large family, and this man may be extremely serviceable to myself and fatherless children on which account I most respectfully solicit, Sir that you will have the goodness and humanity to direct that he may be assigned to me.
    On 9 August 1824, Catherine's daughter, Sarah, married the father of her twins, Michael Cook, at St Luke's Church, Liverpool. Interestingly, one of the witnesses was James Farrell.(4)
    Michael Cook, a convict himself, arrived in the colony in 1817.(5) He was assigned to Thomas Rowley and had worked for him on the Clarkson properties until 1822. He was then employed by Rev. Reddall(6) until 1824 when he received his freedom.(7) In 1822 Sarah gave birth to his twins, Charlotte and Martha.(8) The reasons for their waiting to get married until after Thomas' death are not clear, although Sarah's age or Michael's freedom could have some bearing on that decision. Or perhaps Thomas may have been the stumbling block here as there was mention of Michael stealing porks from him at one time.(9) Michael appeared to get on with Catherine though, and was accused in 1826 by Robert Townson of supplying her with stolen flour.(10) In any case, the young couple were united a few months after Thomas died.
    In May the sheriff advertised that he intended to sell the Clarkson home, by auction, on 5 June 1824, unless settlement of the debt owed Cooper was met.(11) As well as the payments already realised. Daniel Cooper claimed a further £1,000 which he intended recouping.
    It was this assault on her home that began the long torrid fight that Catherine put up for the "Woodman". She held tight to her home and refused to release it without a battle, and what a battle it turned out to be!
    By mid June 1824, Cooper approached the courts to settle the matter, and immediately the various court officials began collecting the past documents on the preceding actions between the two parties.(12)
    William Freeman, clerk to Thomas Dean Rowe, (who was the attorney for the executors of Thomas Clarkson's Will) found a loophole which he submitted to the court in the hope of canceling the proceedings on a point of irregularity.(13)
    He claimed the judgement of 1822 had ordered a writ of Fieri Facias to be executed, but on examining the writ, it appeared that no date or amount of levy had been entered upon it. On further examination of the writ in the Provost Marshall's Office though, it showed an amount of £1,926/3/8 had been levied on 5 April 1824. That writ showed a date of issue as being 29 January 1824 and had been lodged with the Provost Marshall on 15 March but …
the same does not appear to have been executed until the 5th April 1824 a period of 16 days after the death of Thomas Clarkson.(14)
    It also showed £926/3/8 had been repaid but £1,000 was still owing and this was the amount in contention at the time. This amount was left after Paying off the mortgage amount and Mr Norton's fees. (the solicitor)                      Image of the Writ
    The attorney representing Catherine Clarkson and Thomas Rowley, as executors of Thomas' Will, was Mr Thomas Deane Rowe, and in view of the above irregularity of proceedings he made application for the action to be set aside. This was agreed to by the courts and the officials then ordered Daniel Cooper to show lust cause why   
the writ of execution issued upon the judgement sinned in this cause, together with all subsequent proceeding} had thereupon, should not be set aside for irregularity --- and that all Proceedings on the said writ be, in the meantime, stayed.(15)
    If proceedings had been halted at this point perhaps Thomas' family would have felt the benefits of his efforts, but it was not to be.
    Daniel Cooper appeared before the Court as ordered, to explain the reason for the delay in executing the writ.(16)
    Cooper explained that Thomas Clarkson had signed a Warrant of Attorney to cover the amount of a mortgage transacted between the two parties on 20 August 1822. In return, Cooper lent Clarkson £1,775 and appointed 20 December 1823 as the final date for repayment.(17)
    On that very day. Thomas approached Cooper appealing for
an extension of time in which to make good his payment, claiming he was .... "then engaged in a very lucrative business, and that if this deponent (Cooper) would give him some indulgence in the payment of the said money, he the said Thomas Clarkson, should be enabled to make the same up without the sale of his property".(18)
    In order to give Thomas the chance to meet his debt in this manner, i.e.: so he would avoid the loss of his property, Cooper claimed he agreed to let the judgement lie over from 20 December 1823 until the date it was finally put into force.
    In support of this. James Hankinson, a Sydney baker, swore that he was well acquainted with Thomas Clarkson and could recall a certain conversation with him about May or June last. (1823) It concerned the renting of the stone mill, near the site for the new goal.
    Thomas had said his interest in the mill was concerned with his farms and other property, which was mortgaged to Daniel Cooper.    .
    Furthermore, Thomas told him he was greatly indebted to Cooper and that he'd just managed to get Daniel to delay the execution of his property. He was greatly concerned with raising the money to pay the interest owing Cooper, and that he was hopeful that the "great profits of his brewery would enable him, in tine, to pay off the principal sum secured by the mortgage"(19)
    After reading the Affidavits of both sides, the court ruled that the irregularity had been satisfactorily explained and that the action should proceed forthwith to recover the excess that Daniel Cooper claimed Thomas still owed. The writ referred to had secured the payment of the mortgage and the Attorney's fees but Cooper maintained there was an excess still owing of £1,000.(20)
    It was at this point that relationships between Cooper and Catherine Clarkson became so strained that they reached breaking point. Catherine refused to commit herself to this further debt, having lost so much already, and in any case. she was claiming that Cooper had been well and truly paid and that according to an account she'd found among Thomas' effects, it appeared that Cooper actually owed Thomas a small amount of money. Catherine demanded that Cooper's books be examined.           Image - Clarkson's Account 1822
    Cooper closed all the accounts between himself and the Clarksons and refused to negotiate any further.(21)
    Catherine clung to her home and anything else she could salvage.
    At this stage Catherine decided it was time to form alternative plans. Her security and that of her family was of the greatest concern and alternate measures for accommodation had to be at least considered.
    She sent a letter (a petition) to Governor Brisbane on 2 September 1824 requesting the granting of a small portion of land "(in trust) for the benefit of herself and family ... in such unlocated place as to your Excellency may term meet". She described herself as being Thomas Clarkson's widow and left with a very heavy family of seven. She stated she had a small stock of horned cattle and was anxious to enter the agricultural side of life.                Image of Catherine's Petition
    She received a character witness from Thomas Moore, of Liverpool. and Robert Cartwright also added his endorsement.(22)
    Towards the end of December 1824, the Governor, Major General Sir Thomas Brisbane, and his officious Colonial Secretary Frederick Goulburn were recalled to England (partly through their continuous quarrelling) but they were not to leave until December 1825.    -
    Because of all this internal political squabbling, Catherine's petition was not dealt with immediately and she was to find she had to continually follow it up to get any action. Unfortunately by that time Brisbane had left for England. (sailing through the Bass Strait and thereby proclaiming the separation of NSW and Van Dieman's Land by doing so), and Major General Ralph Darling who took up office on 18 December 1825, was left to finish off the negotiations and all Catherine was left with, was the promise of the land.
    The Sydney Gazette of 3 March 1825 ran an advertisement offering the letting of a premises which was unmistakably Thomas Clarkson's.(23)
WINDMILL TO LET --- That large and commodious Stone Built WINDMILL (formerly Clarkson's) adjoining the New Gaol. Has an excellent Dressing Machine and the whole in the very best Order. Immediate possession may be had. For further particulars apply to Mr Walker Hunter Street.
    It was just over a year since the property was included in the Sheriff's sale of Thomas' goods. A survey map of South Head Road, drawn up in 1828 locates the 5 acres of land "East of Woolloomoolloo'' and in the vicinity of what is now bounded by Liverpool Street, Darlinghurst Road, William Street and Forbes Street.(24)
    A muster of the inhabitants of the colony taken in 1825 lists the Clarkson family as follows:(25)
Thomas freed by servitude Alexander 1806 7 yrs Died 1824 Sydney
Catherine    free                 Alexander 1806    Widow
Thomas        B.C.     17     son of Widow Clarkson
Mountford    B.C.     13      "   "    "     "
Ann               B.C.     11     Daughter of Widow Clarkson
Mary             B.C.      9         "    "   "      "
Martha          B.C.      7         "    "   "      "
Charlotte       B.C.      4 1/2   "    "   "      "
    The last two names entered under the Clarkson family are actually Sarah Cook's twins. These twins also appear again in the muster under the name of Cook with their correct ages of 4 years. Sarah Cook is not listed at all, only their brother Thomas and father Michael Cook, all resident at Liverpool.
    The above muster showing Martha's age as 7 years is obviously incorrect, as was Thomas', who was 15 at the time, and Mary who was 7.
    In January 1825 Thomas Rowley and Catherine Clarkson were served a writ of Fieri Facias for the £1,000.(26) They quickly realised that the only means of raising the money was by the sale of the "Woodman" and it was this property which was in danger of being auctioned. In her desperate bid to retain her home, Catherine turned to William Charles Wentworth for help.
    Wentworth set about clearing up some of the debts that were still owing to Thomas, small though they were, they would all add up. He sent letters to Mr George Smith of Windsor requesting settlement of a debt of £10/-/-, threatening court action if the payment was not forthcoming.(27) In similar fashion, a letter went out to Mr Capa Pass, giving notification of a debt of £48/6/4 which required immediate attention to Payment. This matter proceeded to court and on the 19 May 1826, before Justice Stephen, Catherine and Thomas Rowley recovered their debt.(28)
    Catherine was still not happy with Daniel Cooper's accounts and was pressing to have them examined. When she persisted with the claim that Cooper had been paid in full. William C. Wentworth decided to approach the defiant Daniel Cooper, who had not taken the accusation that it was he who owed Thomas money, at all lightly, and was still refusing to re-open his accounts to Catherine.
    Letters began passing between Wentworth and Cooper's Attorney in a bid to alleviate the situation.(29)
                                        Macquarie Place 10 November 1025
Mr Daniel Cooper
left at the Waterloo Warehouse
I have been applied to by Mrs Clarkson with respect to a compulsory settlement of some old outstanding accounts between you and her late husband, She says that she is ignorant of some of the gross items of that account and that she believes you to have been already over paid although she is aware that a balance has been struck between her attorney and yours which brings her late husband in your debt to the amount of £1000 --- Mrs Clarkson desires to open your account with her husband from beginning to end and it is my opinion that a court of Equity will give her this benefit. A suit in Equity however will be better avoided perhaps by both parties; and I have therefore on her behalf to propose that this business be left to the arbitration of me on her part and any person that you may name on yours, with an understanding that the late Mr Clarkson's accounts with you are fully to be gone into and with further understanding that if the arbitrators should differ on any points they shall call in an umpire.
        I am Sir, Your Obedient Servant
                        W C Wentworth
    The reply was relayed to the Clarksons as follows: (30)
                                        Macquarie Place 15 November 1825
Mrs Clarkson
Hunter Street
Delivered personally
I beg to inform you that I have seen Mr D. Cooper and also his Solicitor Mr Norton on the subject of the letter which I wrote at your insistence proposing to reopen the accounts between your late husband and Mr Cooper and to submit all matters in dispute to arbitration. Mr Cooper accedes to your proposal provided you can get anyone of respectability except your son in law Mr Rowley to join with you in a Bond to be accountable for what the arbitrators may award Mr Cooper.
        I am Madam Your Obedient Servant
                         W.C. Wentworth

    On 1 December 1825 Wentworth consulted with Catherine on the contents, and replies to the two letters lately despatched to Daniel Cooper and his Attorney on the subject of re-opening the accounts. The outcome was a letter delivered to James Norton (Cooper's Solicitor) informing him: (31)
...That Mrs Clarkson is willing to leave all matters in dispute to your arbitration and mine with an understanding that whatever balance may be found to exist against her is to be by mortgage on the premises which she now holds payable by such installments and at such periods as the arbitrators shall appoint.
    By the 23 December, Wentworth was still awaiting a reply.


 Page last updated -  7 July  2006