Joseph Smart and Jane Hawkins

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Parents  :   George Smart and Jane Smart  (Nothing more known)         Francis and Mary Hawkins (80%)

Joseph Smart  (b 1808 Bristol , m Jane Hawkins 1847 St James Sydney, d 1895 Bethanga Vic)
Jane Hawkins  (b 1821 Saint Patricks York Road-Roman Catholic, Leeds, Yorkshire, d abt 1858?)
    Sarah Jane Smart ( b 1845 Sydney, m John Clarkson Rowley 1874 Beechworth Vic, d 1928 Bethanga)
           Joseph Smart Rowley (b 1875 Yackandandah Vic, m Eircell Broome 1909 Albury NSW, d 1957 Bethanga)




This page now consists of three distinct parts
The standard tree and links above.
A writeup of the Joseph Smart story as I see it.
A collection of correspondence and research notes that provides discussion and evidence for the preceeding story.

Joseph Smart was born in Bristol in 1808. A lot of records in Bristol were destroyed by bombing during the war, so that is all we know.. Joseph Smart was convicted of Burglary in Bristol in 1827 and sentenced to 14 years transportation.

The following information re Joseph came from Maree Woods. Hr was put on board the Phoenix Hulk. This was Australia's only prison hulk (= temporary prisoner accommodation).
1834 - Absconded from Phoenix Hulk, Sydney Harbour
1834 - Apprehended after abscondment from Phoenix Hulk
1837 - Employed at Dockyard, Sydney, aged 27
1843 - Certificate of Freedom, 11/4/1843 (43/577)

In 1847 he married Jane Hawkins in St James Sydney

In 1845 their daughter Sarah was born in Brickfield Hill Sydney
in 1849 he left for the Californian goldfields, returning in 1852

He settled down in Yackandandah

No more information has been found for Jane Hawkins/Smart. Did Joseph leave her behind when he went to America? Or had she died? And what happened to Sarah” She turned up with Joseph in Yackandandah and was educated by Catholic nuns in Beechworth. They probably also cared for. her

He died in 1895 at Bethanga Vic

It is interesting that Claude Rowley was unaware that his great grandfather was a convict, or at least did not admit it. We only discovered it as a byproduct of one of our many ancestry queries searching for Jane Hawkins fate. With many former convicts in society in those days and associated embarrassment, was there a “don't ask don't” tell policy? On reflection the writer of Joseph's obituary is singularly incurious or unaware about the first half of his life.

Obituary from the Beechworth Ovens and Murray Advertiser

It is with great regret we have to announce the death of Mr. Smart, formerly member of the mining board for Yackandandah, which took place at the residence of his son-in-law, Mr Rowley, M.B.B., at Bethanga on Saturday morning last. The deceased gentleman was one of the pioneers of the Ovens district, having first arrived here in 1852, and after a short visit to the "lower diggings' came back to Yackandandah, where he worked as a miner for many years. After holding the office of mining registrar, &c., he retired last year to end his days at Bethanga with his son-in-law. Mr. Smart always took a prominent place in all public matters connected with Yackandandah, and especially in mining, which he identified himself with to the last. Although of late years unable actively to aid the cause which he had espoused, yet his advice and assistance way always ready to those requiring it. The following is an account of the deceased gentleman's career :-
He was born at Bristol in February, 1808, thus having attained the ripe age of 87 years at his death. Being of an adventurous nature be visited various parts at the world as a seaman, and settled down in Sydney in the forties, where be carried on a store keepers business very successfully. In the year 1849 the news from California of the finding of gold there attracted him, and he left with many others for the gold-fields there, and worked with considerable success at Wood's Creek, in the Southern mines. Soon after this gold was discovered in New South Wales, and he, like most of the colonials in California, returned to Sydney, and visited the diggings at the Turon, Meroo, &c. When gold was discovered in Victoria he came over here, and want to nearly all the "rushes" in 1852-58, finally pitching his camp at Yackandandah, where he worked with fair success for many years. He was a member of the old Local Court of Yackandandah, and when a vacancy occurred in the representation of that division by the retirement of Mr. Peter Wright, who was elected as M.P. for the Ovens, Mr. Smart was elected to the Beechworth Mining Board in February, 1862, and held that office uninterruptedly for thirty-two years, only retiring last year through old age and infirmity.

Jane Hawkins

    Nothing definite is known about Jane before her marriage, or after the birth of Sarah. We believe Sarah was an only child. No death has been found for Jane, but she died when Sarah was 10, from family oral history. Did she and Sarah go to California with her husband in 1849? . Reading Joseph Smart's obituary, he was chasing gold all over the place from 1849 to perhaps even 1858. You have to wonder where Jane and Sarah were.
    At one stage we thought she was the child of David Hawkins and Jane Cooling, but this appears not to be so. The entry in the pioneer register seems to be wrong. The 1826 child is James, not Jane (refer to death certificate, and letters (Hardcopy only on file). Family search yeilds nothing but the incorrect entry. FamilySearch comes up blank on her death. The death index Vic, 1854 to 65 has been searched. 4990 is not her

Detailed correspondence, discussion and research notes follow the above statement of the story as I see it.

Les Rowley


Jane Hawkins Update 18 Oct 2007
    There is a convict, Jane Mary Hawkins arriving on the Minstrell in 1821 (Ancestry).
    Found a Jane Hawkins in the 1837 Convict Muster. Convicted Leeds (Quarter Session)  7 January 1837 (Alias Mary Ann Thompson). Given 7  years. Convicted  with Eliza Stephenson . Arrived on the Henry Wellesley (Barque of 404 tons, departure Woolwich 17 July 1837 125 days via the Cape), aged 16. She was listed in the Pardons 1842-45, but the record does not seem to say which year  Found Jane Hawkins, Female Christening: 12 Aug 1821 Saint Patricks York Road-Roman Catholic, Leeds, Yorkshire,. Bateson's convict ships  (P354 , 290) had 140 female convicts (no males), one relanded, the rest made it to Sydney
The younger Jane looks more likely. Is this our Jane?
(1) We have two different Jane Smart deaths about the right time.
(2) She is about the right age (25) to be the Jane marrying Joseph Smart in 1847
(3) Sarah Jane is born a year after the end of Jane's sentence in 1844.
(4) When we find her family in Leeds, they are Catholic. Her daughter Sarah Jane was raised a Catholic in Beechworth, in spite of her father being Protestant.
(5) Joseph Smart's obituaries never mention his wife and daughter. Perhaps in his respectable old age, he never talked much about the wife who had been a convict
(6) I will get the exact wording next time I am in Yackandandah, but Joseph Smart's headstone on his grave does not mention his wife
Flimsy evidence, but the fact that she was Catholic is encouraging, and I would put it as an 80% chance this is her
Email from Maree Woods on Jane's Death
    I have been through my dusty records and beside certificate of Jane Smart that died in 1857 age 41   I have cerfiicate for Jane Smart that died 1858 aged 26...all it tells you aside from that is
that she resided at the infirmary and it is a record from the register of burials at St Mary,s (Roman Catholic)....I am going to apply for last possibility...Jane Smart died 1858 aged 28 .I looked in
Victorian indexes again ..seems to be nothing there.
   
In a followup Maree obtailed the death certificate for the Jane Smart aged 28 who died in February 1858.  It looks like the same person as the age 26 one, as the death is 3 days before the burial, and she died in the infirmary of "disease of brain". Born England, parents unknown, place of marriage = unknown, to whom = unknown "at the diggings"  (Hard to read, but that is probably what is says)
    There is also a  Jane Smart who died in May 1857 aged 41 in Durands Alley Sydney from "natural causes accelerated by habits of intemperance". It would be very sad if that was her She was buried in the Presbyterian Cemetry. Everything else unknown
Update 1 Nov after AIGS search Yorkshire sentence records
Found record for Jane - Age 16 Kitchenmaid, Stole 2 Shawls
NSW/VDL REF 730/227
TNA REF HO27/54
Single,  Previous conviction 2m
Petition see HO17/48 Gx23      LR - visit this disk again and follow up references
Conclusion
   
That 1858 death could well be her. Again she is Catholic. Joseph Smart settled down in the Yackandandah Beechworth area in 1858 according to his obituary. Family oral history has it that Sarah was brought up by a Catholic family in Beechworth from about 1858. So perhaps JS settled down in Beechworth/Yackandandah when given the responsibility for his daughter.  Given the obvious lack of information about the deceased, her age is obviously a guess. And "at the diggings" fits? So this could even be the death of both both the bride in 1847 and the convict who arrived in 1837 aged 16. 
Revisit to GR and Ancestry found nothing new re birth or death

Joseph Smart

    Joseph Smart's death certificate is the only information we have about his parents. The certificate explicitly says that his mother's maiden name was Smart. His age then would give his dob as 1808. His age is stated as 37 when he married, which puts his marriage at 1845ish,. Also using a stated 20 years in NSW and 49 in Victoria, which suggests  he came to Australia in the 1820s. (This contrasts with his obituary where he "settled down" in the 40s). Our Sarah Jane Smart was born to Joseph and Jane Smart  13 July 1845, baptised 12 April 1846, abode Brickfield Hill, Joseph was a Corn Dealer. I have the marriage as 1847 in my records, but can't find a document.

    Check of Ancestry.com.au convict records yeilds the following
(1) Joseph Smart was convicted in Bristol 27 Oct 1827, along with John Snell, Richard Chinn and John Cork. All were sentenced to 14 years transportation. Image  Not sure what if anything the entry states about what he was convicted for. Another record from Ancestry records his conviction (October 1827) for Burglary, and sentence (death). Sentence was with George Hill, William Stone, John Snell, Richard Chinn and John Cork (all sentenced to death)
(2) He arrived on the Eliza in 1828,  Residence and Employment given as "Depart of Public Works". His age is given as 20 and his sentence is 14 years. Image 
(3) The Ancestry record is confused, but he seems to be aged 27 in a convict Muster of 1835.  Image 
(4) Searching the list of Pardons and Tickets of Leave 1834-59 does not find him
This is definitely our Joseph. The age is exact to the year, and Bristol is specified in later documentation. It also tallies pretty well with the later "20 years in NSW"
    Other odds and ends found trawling the files, in the Salisgury and Winchester Journal, probably not our Joseph
(1) Seven years transportation : Joseph Smart, for stealing a quantity of cheese and bacon from Joseph Scott, at Tisbury- Salisbury,Monday, Jan 17, 1825., in the general quarter sessions for the peace for this county
(2) Salisbury, Jan.28, 1825.
The following prisoners were on Thursday last removed from Fisherton Gaol, and put on board the York hulk, in Portsmouth harbour. viz. George Weakley, William Sanger, and James Johnson, convicted of various offences at our late city sessions, and sentenced to seven years transportation; also Joseph Smart, Walter Angel, George Bull, Ezek. Lovegrove, and Nathan Shuttle, convicted of various offences at the late quarter sessions of the peace for the county of Wiits, and sentenced to seven years transportation.
Some more information from Maree Woods, from the History Services Database
1834 - Absconded from Phoenix Hulk, Sydney Harbour
1834 - Apprehended after abscondment from Phoenix Hulk
1837 – Employed at Dockyard, Sydney, aged 27
1843 - Certificate of Freedom, 11/4/1843 (43/577)
Link to story of the Phoenix Hulk

Glenn has found a family website:

 https://www.ourfamilypast.com/article/person/9599/haa007-main-john-snell

 which locates his arrest in Bath, not Bristol (not that it's far away).  The apparent ringleader testified that Joseph had nothing to do with it.  Wouldn't it be nice to find that he was a victim of a terrible injustice?

Joseph Smart Testimonial from the Beechworth Ovens and Murray Advertiser                                                                          

Testimonial to Joseph Smart, ESQ., M.M.B.
OMA 2nd Jan 1869

    On Wednesday evening last the friends of Joseph Smart., esq., M.M.B., assembled at the Reefer’s Arms, Hillsborough, to present him with a gold watch, value ₤25, as a mark of their esteem on the occasion of his leaving them.
    Mr John Brown was called to the chair, and in a few appropriate remarks, eulogized Mr Smart, who, he said, had done much not only for the local institutions and interests of Hillsborough and Yackandandah, but had likewise greatly exerted himself on behalf of the institutions of the Ovens; he then called on Mr Rodgers to present the testimonial.
Mr Rodgers said: - “The duty allotted to him was a most pleasing one, and that if Mr Smart was not present he should feel more at liberty than he now did, to dilate on that gentlemen’s very valuable public career; but he disliked praising a man to his face.  As a member of the Beechworth Mining Board Mr Smart’s probity and attention were recognized by all, and his continuing to represent the Yackandandah division for seven years is an undeniable truth, affirming the high estimation in which he is held.  The New Era Quartz Crushing Company, which it was hoped would prove very advantageous to Hillsborough, was greatly indebted to Mr Smart for the time and attention he had bestowed in endeavoring to bring it to a successful issue, and this too without his possessing a large stake in the venture.  The Hillsborough Common School is likewise much beholding to Mr Smart for the interest he has taken in founding it, and establishing it on a firm basis.  Indeed, no matter how great or how insignificant the matter might be, Mr Smart has ever been ready with head and hand to forward it.  It was on the occasion of Mr Smart’s leaving Hillsborough, that the people here determined on evincing their high approval of his conduct”.  Mr Rodgers, then turning to Mr Smart continued: “Sir, I am deputed by your friends, which means every inhabitant of Hillsborough, to present you with this watch, as a mark of their high esteem of you in every walk of life, whether public or private; and I do not doubt that you will regard it as such, and so hand it down to your children, who, when we that are now present are mingled with the dust, will look on this inscription, remember their ancestor, and emulate his deeds.  Inscription: “Presented to Joseph Smart, Esq., M.M.M., by the inhabitants of Hillsborough, as a mark of their esteem of his useful public services during his residence among them. – Christmas, 1868.”  In the name of your friends, Sir, I wish you success in every capacity and place.
    Mr Smart: Mr Chairman and gentlemen, - “I should violate my inmost feelings did I attempt to conceal from you my high sense of the very handsome manner in which you have recognized my past career in your midst; I can never forget this day whilst I live; I cannot say that I feel myself to be deserving of this tribute of your respect, for I know that I have only done my duty, and that we all ought to do without pay or reward.  It is satisfactory to me to be able to say that in times of fiercest dispute, when I have had occasion to differ from many of you in matters of public policy, that I have never been insulted or upbraided by a man of Hillsborough or Yackandandah.  I shall indeed treasure up this memorial, and hand it down to my children as a proof that to do one’s duty is the surest way to win the regard of honest and honorable men.  You may be sure that though my body be absent from you, my heart will remain here, and that wherever I am my services, still as heretofore, will be at your disposal.”

Generously supplied by Anthony Bigelow. Anthony  is writing a book on Hillsborough. If you are interested in this project, contact us.

Joseph Smart Obituary from the Beechworth Ovens and Murray Advertiser                                                                          

It is with great regret we have to anounce the death of Mr. Smart, formerly member of the mining board for Yackandandah, which took place at the residence of his son-in-law, Mr.Rowley, M.B.B., at Bethanga on Saturday morning last.  The deceased gentleman was one of the pioneers of the Ovens district, having first arrived here in 1852, and after a short visit to the "lower diggings' came back to Yackandandah, where he worked as a miner for many years. After holding the office of mining registrar, &c., he retired last year to end his days at Bethanga with his son-in-law. Mr. Smart always took a prominent place in all public matters connected with Yackandandah, and especially in mining, which he identified himself with to the last. Although of late years unable actively to aid the cause which he had espoused, yet his advice and assistance way always ready to those requiring it. The following is an account of the deceased gentleman's career :-
He was born at Bristol in February, 1808, thus having attained the ripe age of 87 years at his death. Being of an adventurous nature be visited various parts at the world as a seaman, and settled down in Sydney in the forties, where be carried on a store keepers business very successfully. In the year 1849 the news from California of the finding of gold there attracted him, and he left with many others for the gold-fields there, and worked with considerable success at Wood's Creek, in the Southern mines. Soon after this gold was discovered in New South Wales, and he, like most of the colonials in California, returned to Sydney, and visited the diggings at the Turon, Meroo, &c. When gold was discovered in Victoria he came over here, and want to nearly all the "rushes" in 1852-58, finally pitching his camp at Yackandandah, where he worked with fair success for many years. He was a member of the old Local Court of Yackandandah, and when a vacancy occurred in the representation of that division by the retirement of Mr. Peter Wright, who was elected as M.P. for the Ovens, Mr. Smart was elected to the Beechworth Mining Board in February, 1862, and held that office uninterruptedly for thirty-two years, only retiring last year through old age and infirmity. This record is one which probably no other man in Victoria has attained as a representative. Mr. Smart was one of those men who might be called a "regular John Bull," blunt, straight-forward, outspoken  honest, and having formed an opinion he was not easily moved from it. He will be remembered at Yackandandah for these qualities and for his kind and charitable disposition to all who were in distress or need of assistance.

Joseph Smart, Miner and Rate Collector, Yackandandah.

Born in Bristol, England in 1808, the son of George Smart and Jane (nee Smart). Smart emigrated to New South Wales in the 1840s. Settling in Sydney, he was storekeeping for a few years until hearing of the gold rush in America. He went to California, returning during the early years of Australia's gold-rush. He visited most of the large gold centres in New South Wales and Victoria before settling finally at Yackandandah in the 1850s. He was alluvial mining, then quartz mining until the gold became scarce. He then received the appointment of Rate Collector for the Shire of Yackandandah and on retiring from that position, received the appointment of Treasurer for the Shire, a position he held until just before his death. He was also at one time the local Mining Registrar, Registrar of Births, Deaths and Marriages and Electoral Registrar. He joined the Beechworth Mining Board in 1862 and was a member for over 30 years. He was also Treasurer for the local Anglican Church. Smart was married and had one daughter, Mrs Rowley of Bethanga. Joseph Smart died at his daughter's residence on 16th June 1895 at the age of 87. He is buried in the Church of England section of the Yackandandah cemetery.
(Yackandandah Times, 21/6/1895.)

Smarts in Bristol

    An email from Sue Smart in 2006 suggests it might be difficult
Unfortunately at this moment I can't find any connection. I have seven Josephs and nine Georges, all from Bristol and thereabouts, but none of them fit! Our Smarts were all glassblowers in the Bristol Blue glass trade and several did come here to Australia when that trade began to fade around about the mid 1800s; one ran the Smart's Family Hotel here at the corner of George & Pitt Street, Sydney, as well as founding two glassworks, purportedly a forerunner of ACI. I suppose bottles and beer do go hand in hand!

Research Notes

Cannot find Joseph Smart in 1850 US Census
Ancestry.com have US immigration records available, but not a lot of help. Eg three J Smarts came into San Francisco in 1851. One Joseph Smart came into New York in 1834, aged 26 (ie born 1808)
Check Australian records - NSW 1928 census, early shipping, Vic Electoral rolls
Joseph's parents. - none with Smart George and wife Jane in any census, including 1841
I do have one marriage on file - George and Sarah Jane Bridgemon in Bristol in 1797. Very Possible?
1856 Electoral Roll Joseph Smart Miner (Miner's right) Carisbroook Division. Joseph Smart storekeeper miners right Daisy Hill Division possibly Ballarat

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