Joseph Smart and Jane Hawkins
    
    
    
Parents  :   George
    Smart and Jane Smart  (Nothing more
    known)         Francis and Mary Hawkins (80%)
    
    Ancestry ThruLines yeilds nothing. I guess too few descendants And
    not enough Trees on Ancestry or DNA testing
    A lot of speculative Smarts have been added to see if Thrulines
    picks up anythinh
    
    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 has been seriously revisited due to
      two WikiTree entries pointed out by Glenn
      Rowley.      Jane Hawkins    
      and     Joseph Smart.
      I recomment you read these before proceeding, They are good stuff.
      From these two entries and earlier stuff in BonesInTheBelfry, I
      have extracted a combined timeline.
      
      1808 JS born in Bristol, Gloucestershire ( c1808-1810)
        1827 JS, 19, convicted of a burglary (Bristol) and
      sentenced to death, later commuted to 14 years
      1828 JS arrives Sydney on the Eliza. Residence and Employment
      given as "Depart of Public Works"
      1829 Joseph was sentenced at the General Sessions Sydney to a
      secondary penal settlement for 3 years for having stolen property
      in his possession and was transferred to the 'Phoenix' prison hulk
      |1834 JS Absconded from Phoenix Hulk, Sydney Harbour, apprehended
      same year
      1837 JS Employed at Dockyard, Sydney
      1843 JS gets Certificate of Freedom
      
      1821 JH christened St Marys Lady Lane (Catholic) Chapel, Leeds
      1835 JH (13 yrs old) Leeds, imprisoned two Months and kept
      to hard labour for stealing a silver watch 
      1837 JH (15 yrs old) Leeds Borough Sessions - Transported 7 Years:
      for stealing a shawl 
      1837 JH Petition for clemency by her parents states “she is of 14
      years of age of rather weak intellect and a sickly and feeble
      constitution” and begged she be allowed to remain in the
      Penitentiary.
      1837 JH arrives Sydney on the Henry Wellesley
      1840 JH gets two months hard labour for assaulting her mistress
      Charlotte Williams
      1842 JH gets ticket of leave conditional on remaining in service
      to Mrs Walton
      
      1845 their daughter Sarah was born in Brickfield Hill Sydney
      1847 they marry St James Sydney (Anglican Church)
      1849 JS left for the Californian goldfields, returning in 1852
      1853 Courtcase for seeking support from JS, by JH. JS has money
      (£150) but has only given JH small amounts (eg £2). JS was
      intending to go to the Ovens, but ordered to arrange 12/6 per week
      for JH and daughter for two years if he does
      185x JS moves to Yackandandah and then Beechworth, and prospers
      185x JH moves to Beechworth and was cared for by the nuns. (family
      lore)
      1857 JH Possible death - a Jane Smart who died in May 1857 aged 41
      in Durands Alley Sydney from "natural causes accelerated by habits
      of intemperance".
      1858 JH Possible death - a Jane Smart aged 28 who died in February
      1858. She died in the infirmary of "disease of brain". Born
      England, parents unknown, place of marriage = unknown, to whom =
      unknown "at the diggings"
          1895 JS dies
        age 87 in Bethanga
          1903 years later when Sarah's daughter married, two of the
          guests were from the Brigidine Nuns in Beechworth and they
          gave two nice presents – a hand painted pin cushion and hand
          painted souvenirs. The Sisters of Mercy Wodonga were also
          there and chipped in prayer books and souvenirs.
          
          This list raises a few questions
          (1) I have not seen a Certificate of Freedom for Jane. Could
          it have been felt unnecessary, or even inappropriate, if ä
          female marries?
          (2) Someone has taken up Jane's cause to initiate the
          courtcase for support? If so, surely it must have been the
          Catholic Church?
          (3) Was it known in Beechworth that Joseph Smart had been a
          convict? Sarah who arrived somewhere aged between ten and her
          early teens would have known? Possibly in those days there was
          a general rule of "Don't ask, don't tell". In a way this could
          explain the scimpy coverage of the first half of his life. Or
          most likely nobody knew much?
          (4) All of this leads to the question what do we think of
          Joseph Smart? 
          (4A) Was he a cad who gave his wife and child meagre support
          while he swanned around the goldfields? 
          (4B) Was Jane already in a bad way by 1849 and being at least
          watched over by the Catholic Church? In 1837 her parents
          described her as having "a week and feeble constitution".
          Remember he married her two years after their child was born.
          Did the CC have a hand on his shoulder saying "Joe, Sarah is
          going to need a father"? If Jane was intemperate, as one of
          the death records suggests, giving money in small quantities
          would have been wise. In favour of this view is how well Sarah
          turned out, the obvious mutual affection betweel Sarah and the
          CC, the fact that Sarah went to Beechworth with Joseph, and
          Joseph's very respectable second half of his life. Also Joseph
          in his old age went to live with Sarah in Bethanga.
          
          Whatever the case, if Joseph is looking down, I am sure he is
          looking at us attempting to read 200 year old tea leaves, and
          muttering "They have no bloody idea what it was like in those
          days." 
          
          Further delving into the Hawkins family on WikiTree yeilds the
          fact that four of the first five Hawkins chilfren were
          transported to Australia, All except one were in the 14 to 15
          year old age range. This occured mainly in the five or so
          years after Francis retired from the army on a Chelsea
          out-pension.. For more details go to his page
          
          What follows now is the page as it was before the WikiTree
          update
          Les Rowley 
    
     
    
     
    
    
    
    
    
    
     
    
    
      
      
      
       
    
    
    
    
      
      
      
       
    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.
     
     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
     We believe Sarah was an only child. 
      Jane died when Sarah was 10, from family oral history.  
          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
        
      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) 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. 
       
     
    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        this no longer works 
     
       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. 
    
    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
        
      
      Acknowledgements
      Margie Partridge for her superb WikiTree
        pages
        Marie Woods for all that good stuff in the early days
      
      
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