Thomas Clarkson - CLEVELAND GARDENS

    An interesting inclusion in this mortgage was that of the property known as Cleveland Gardens. This was described as being 10 acres of land with a dwelling house and outoffices, situate at Cleveland Lodge near Surrey Hills.(19) The land had been granted to Charles Smith by Lieutenant Governor Paterson for the purpose of growing produce for the markets.(20) Charles Smith was a convict who arrived on board the "Scarborough" in 1790 (2nd Fleet.)(21)
    When Macquarie assumed office he confirmed the grant and a deed dated 1 January 1810 was issued to Smith.(22)
    An advertisement in the Sydney Gazette of 26 March 1814 announced ….(23)

Charles Smith of Cleveland Gardens, respectfully begs leave to aquaint the public that he has on sale a quantity of fine Botanik (sic) seed, warranted sound and collected since last November. Likewise, living plants of all kinds and a number of very fine Orange trees, now in fine condition for removing.

    Smith's garden was opposite the Devonshire Street Burial grounds (which was later to become Central Railway Station) and to the West of Surrey Hills Farm.
    On 18 January 1817, Charles Smith took out a loan from
Thomas Clarkson for £92 sterling, subject to interest and payable within one year of the date of the loan.(24) Twelve months and one day later. Thomas Clarkson leased the premises at Cleveland Gardens to John Doe 25) for a period of seven years to begin from that very day, Doe had been resident but one day, when a Mr Richard Roe, yeoman,    of Sydney, entered the premises with force and arms and evicted Doe from the farm.
    Consequently the pair ended up adversaries in court, and Thomas Clarkson became involved as the leasee. Richard Roe's part in ail of this became apparent when he contacted Smith, informing him that if he didn't come to court and replace Roe as the defendant in the case then Roe would allow a judgement to be brought against himself in default. Since Roe considered himself a "casual ejector" only and declared he had no claim or title to the land he had nothing to lose by conviction but, as he informed Smith, Smith, himself stood to lose possession of the land and premises. Roe's plea to Smith read as follows:(26)

Mr Charles Smith
I am informed you are in possession of, or claim title to, the premises in the declaration of Ejectment mentioned or to some part there of, and I, being sued in this action as the casual ejector only and having no claim or title to the same do advise you to appear on the 26th day of February next 1818 in the Supreme Court of Judicature in and for the Territory of NSW by some attorney of that court and then and there by rule of the same court to cause yourself to be said defendant in my stead otherwise I shall suffer Judgement therein to be entered against me by default and you will be turned out of possession
Yours Etc.,
Richard Roe
30th January 1818

    Richard Ward, clerk to Thomas Amos, Doe and Clarkson's attorney, personally served Smith with a summons for him to appear in court to show cause why he should not be turned out of possession. The notice was read and explained to him by Mr Ward as Smith was unable to read,(27)
    On 7 March the attorneys of both parties advised Smith he should replace Roe as defendant and face a charge of trespass and ejectment for the farm in question. Reading between the lines it would appear that Smith had given up his farm unwillingly when Clarkson wanted possession and when a tenant was installed on the premises he had enlisted the help of Roe, to recover ownership. (perhaps Thomas had given him few options.)
    So Smith found himself in front of the court and suffered the indignity of hearing a verdict given in favour of the Plaintiff. A writ of Fiere Facias Possessionium was drawn up on 24 March 1818 and was returned to the court 16 April, executed,(28) Clarkson was the owner,
    On 14 August 1819 an advertisement appeared in the Sydney Gazette informing the public that as Thomas Clarkson was leaving the colony and going to England, various parts of his estate were to be put up for auction by Mr Lord, (a well known auctioneer)(29)

for further particulars apply to Mr R.L. Murray, Sydney who is authorised to dispose of any part of the same by private contract.

Included was:

all that very valuable estate, situate near the turnpike (toll gates leading to Parramatta) at Sydney, inclosed by a four railed fence containing near 12 acres, more or less, Commonly called Cleaveland Gardens.

    It is recorded that in April 1819, Clarkson sold the property to R.L. Murray and it was subsequently sold to Daniel Cooper on 9 September 1819 by R.L. Murray.(30) (Daniel Cooper was responsible for building a magnificent home there.(31) Today the house still stands and is situated in Buckingham Street, Surrey Hills.(32) Although its future is uncertain, the grand old house is a very real reminder of an era of trial and tribulation and small glimpses of grandeur that went together to make up our colony's beginnings).
    Poor Charles Smith died on 5 July 1818, just months after losing his farm, possibly rueing the day he'd borrowed from Thomas` Clarkson.(33)
    For Thomas, that wasn't to be the end to it all. In September he enlisted the help of George Crossley, whom he had empowered to act as his attorney, to recover possession of "the papers, deeds, writings proceedings in this and all other causes wherein the said Thomas Sterrop Amos (his Former Attorney) had been in any wise concerned as attorney" for Clarkson. For some unknown reason Amos refused to hand these papers over to his client. Unfortunately we have been unable to uncover more facts on this incident and so have been left to wonder the causes and outcome of ail of this.(34) In spite of Thomas Clarkson advertising the fact that he was intending to leave the colony, it is rather doubtful at this point that he ever did so.

Page last updated - 7 July 2006