Catherine Clarkson - THE PICKERINGS

    On the 28 July 1828, an amusing case presented itself to the courts in the person of Catherine Pickering, who was complaining about the breaking of a pane of glass in one of her shop windows by a large stone thrown by a "native youth, not yet out of his apprenticeship".
    Mrs Pickering, "a dame of some repute in Sydney Town…    
an imperious matron, something better than five feet high" stated she was preparing to retire to bed on Sunday night about 9 or 10 o'clock, "and was laying aside her flannel petticoat" when a large stone was thrown through her window. She immediately gave chase after the culprit but couldn't catch him. Nevertheless, she recognized him as young Clarkson whom she claimed frequented her shop and was a friend of her son's.(22)
    "May you not be mistaken in the person of the Defendant?" "My dear sir, don't I know young Clarkson as well as the babe that sucked me?" A large swig of Scotch followed this last statement.
    This being her only evidence and a witness being found to swear Clarkson was with him all that evening, the case was dismissed and "the parties left the Office talking to each other with all their might and main".(23) The "young Clarkson" in question could have been either Thomas or Mountford.
    Catherine Pickering herself had, in 1823, incurred a colonial sentence of 3 years, having been found guilty of "felonious1y stealing goods to the value of 25/- in the Dwelling House of Ann Waterhouse" and was transported for 3 years.(24) (To another NSW penal settlement).
        In November 1828, Catherine Clarkson took one Charles Puckering to court to recover £50 which she claimed he owed her for "divers goods. wares and merchandise". Due to the evidence of 2 witnesses for the defendant, Catherine lost the suit, even though one of the witnesses, was found guilty of perjury and transported, and the other bound over to face charges of a similar nature. Catherine was ordered to pay the costs which she claimed she did but Charles Pickering told the Sheriff not to pay the money to his solicitor or himself and this left her liable to a counter prosecution from Pickering for unpaid debts. This suit Pickering lodged against Catherine in 1830 but the courts ordered him to explain why the money could not be accepted by his attorney as offered. Such were the wiles of the early colonials. Catherine could have been excused for believing that "Life wasn't meant to be easy".(25)
    Throughout the entire time that Catherine fought for the only home she had lived in since arriving in the colony, she was to claim that it was not Thomas' property but hers, and therefore should not have been included in any mortgage that he effected.
    Finally the courts called in the assessors to satisfy the points in dispute. Before Judge Dowling and his assessors, Messers Manning and McPherson, the mortgage on the house known as the sign of the "Woodman" was considered in its entirety from the commencement of action in 1822.(26)
    Dr Wardell, acting on behalf of Catherine and Thomas Rowley (as defendants) contended that "the testator, (Thomas Clarkson) being  a felon attaint, could not enjoy any civi1 rights."(27) and as a result could not effect a mortgage on the premises. This objection was overruled.
    In a Special Verdict handed down as a result of these proceedings. the following facts were acceded to:
1) That the court recognised that Catherine HAD purchased the land from Parks.
2) That extensive improvements in building a Brewery and other conveniences were made upon the purchased grounds.
3) That the nature of the land purchased from Parks to Catherine was unknown and that the assessors would lave the right of title to the court to decide.
4) That there WAS a mortgage and that a verdict in this respect was found for Daniel Cooper.   
    A judgement to this effect was handed down and signed on 10 September 1831. Daniel Cooper was to recover his £1,000 debt plus £114/9/1 costs from Catherine and Thomas, "and the said Daniel Cooper have execution thereof and the said Catherine Clarkson, No Mercy". The money was to be available to Cooper on 10 October next.

 Page last updated -  7 July  2006