Robert Emilius PAYNTER

Other Events and Attributes:

• Baptism: 17 Dec 1828, St Columb Major, Cornwall, England
• Census: 6 Jun 1841, Roseville Lodge, Bouet, St Peter Port, Guernsey, Channel Islands
• Arrival: 3 Sep 1849, Adelaide, South Australia, Australia
• Departure: 6 Oct 1849, Adelaide, South Australia, Australia
• Immigration: 12 Oct 1849, Port Phillip, Melbourne, Victoria, Australia
• Witness: 16 Nov 1849, Melbourne, Victoria, Australia
• Residence: 1851, ‘Solitude’, Western Port District, Victoria, Australia
• Residence: 1851, ‘Solitude’, Western Port District, Victoria, Australia
• Residence: 1852, ‘Solitude’, Western Port District, Victoria, Australia
• Residence: 1854, ‘Solitude’, Western Port District, Victoria, Australia
• Residence: 1855, ‘Solitude’, Western Port District, Victoria, Australia
• Residence: 1856, ‘Solitude’, Western Port District, Victoria, Australia
• Residence: 12 Jul 1856, Yering and Warrandyte, Victoria, Australia
• Residence: Apr 1863, Rockhampton, Queensland, Australia
• Departure: 30 May 1865, Rockhampton, Queensland, Australia
• Arrival: 2 Jun 1865, Brisbane, Queensland, Australia
• Departure: 6 Jun 1865, Brisbane, Queensland, Australia
• Arrival: 30 Jun 1865, Brisbane, Queensland, Australia
• Departure: 11 Jul 1865, Brisbane, Queensland, Australia
• Arrival: 15 Jul 1865, Rockhampton, Queensland, Australia
• Residence: 1866, Rockhampton, Queensland, Australia
• Departure: 12 May 1866, Sydney, New South Wales, Australia
• Residence: 1867, Rockhampton, Queensland, Australia
• Departure: 10 Jan 1870, Brisbane, Queensland, Australia
• Arrival: 12 Jan 1870, Sydney, New South Wales, Australia
• Residence: 1874, Rockhampton, Queensland, Australia
• Residence: 1876, Rockhampton, Queensland, Australia
• Departure: 29 Sep 1876, Rockhampton, Queensland, Australia
• Arrival: 3 Oct 1876, Sydney, New South Wales, Australia
• Residence: 1877, Rockhampton, Queensland, Australia
• Departure: 12 Jan 1877, Rockhampton, Queensland, Australia
• Arrival: 18 Jan 1877, Sydney, New South Wales, Australia
• Departure: 27 Mar 1877, Brisbane, Queensland, Australia
• Residence: 1878, Rockhampton, Queensland, Australia
• Departure: 13 Oct 1885, Rockhampton, Queensland, Australia
• Arrival: 16 Oct 1885, Brisbane, Queensland, Australia
• Arrival: 18 Oct 1885, Sydney, New South Wales, Australia
• Arrival: 14 May 1886, Brisbane, Queensland, Australia
• Arrival: 17 May 1886, Rockhampton, Queensland, Australia
• Departure: 2 Nov 1886, Rockhampton, Queensland, Australia
• Arrival: 4 Nov 1886, Brisbane, Queensland, Australia
• Arrival: 7 Nov 1886, Sydney, New South Wales, Australia
• Residence: 15 Nov 1887, Woodward Av, Strathfield, New South Wales, Australia
• Residence: 1891, Woodward Av, Strathfield, New South Wales, Australia
• Residence: 1892, 'Stoneleigh', Woodward Av, Strathfield, New South Wales, Australia
• Departure: 14 Sep 1899, Wallangarra, Queensland, Australia

Notes:

Robert's middle name is spelt as both EMILIUS and EMELIUS but the correct spelling is Emilius. The name comes from the Latin word aemilius which means ’kind, smiling’ or ’eager, clever, hard-working’ - as a roman surname Aemilius it was translated as ’companion’. I have not found any other family members with that middle name.
Robert had lived 3 years in Vic, 28 in NSW & 34 in Qld. according to his death certificate. Susanna's death certificate states that she lived 40years in Queensland and 41 years in New South Wales (Neither of these seems correct according to some of the dates above.)

8 November 1864, Rockhampton Bulletin - Case of poisoning. Robert was both witnesses, working at his brother’s chemist and druggist shop.
THE LATE CASE OF POISONING.
THE District Coroner, on the 5th instant (Saturday last), held an inquest upon the remains of David Robinson, who died at the Rockhampton Hotel, on the 4th. The evidence adduced was as follows :
George Beer, being sworn, stated.- I am a shoemaker, residing in Rockhampton ; I have known the deceased David Robinson for the last four years ; deceased was a shoemaker, and had been in my employment for the last eight or nine mouths ; deceased was of rather intemperate habits, but bas been steady for some weeks past until the last few days; deceased was drinking during Sunday, Monday, and Tuesday, but was so sober during Wednesday and Thursday that he attended the court during those days ; yesterday deceased was drinking, but was not drunk ; I saw him frequently yesterday; he was in very low spirits in consequence of losing a case at court, and talked frequently of it ; I saw him about fifteen minutes before the time at which he must have taken the poison : deceased was almost mad during his fits of in-temperance, and some months ago I heard him threaten to drown himself; I did not hear him say anything about committing suicide yesterday ; the last time that I saw him in his usual health he was at my shop, in East-street, about 6.30 p.m., on the 4th instant ; one of the men in my employment (George Bletcher) brought me word about half-an-hour afterwards that Robinson had taken poison, and was lying at Skardon's ; I went there immediately, to Skardon's, and saw the deceased lying on the verandah, moaning ; I asked him what he had done, he said he had bought a shilling's worth of strychnine, at Paynter's, and had taken it ; he bid me " Good-bye" and "God bless you;" I did not stop a minute but ran away for a doctor ; on my return I found Drs. Robertson and Thon attending upon him ; when I first saw him he was evidently in great pain, and clenched his hands tightly, and rolled about very much ; on my return he was exclaiming, " My God, my God," but would not answer any questions ; the last words I heard him say were, " Oh, my poor wife and three children ;" I never knew before that he was married ; I have before asked him was be married, but be said he was a single man ; when I saw him again after my return, he was evidently in great pain, but I did not think be was dying, nor did I think he had taken poison; even the doctors who were attending him did not think so ; they gave him emetics, which did not act ; they then applied the galvanic battery and inapisms along the spine ; he did not have more than ten minutes after that time ; I think he was not alive longer than half an hour after the news was brought to me that he had taken poison.
By the Foreman : I have heard that he had a fall from his horse some years ago, and that he had suffered from some injury of the brain ; I have heard that he suffered some family bereavements within the last six months which affected him very much; a small quantity of drink effected him very much ; I do not know what time elapsed from the period at which he had taken the poison until he was visited by a medical man.
Charles Day Skardon, being daly sworn, stated : I reside at the Rockhampton Hotel ; I have known the deceased for about twelve months, during which time I have had frequent opportunities of observing his habits; I have seen him drunk several times, and for some days together, but on the whole I do not consider him a man of intemperate habits ; I do not think he was an excitable man, but a very small quantity of drink made him drunk ; I did not see deceased all day yesterday until about seven o'clock p.m.; at this time I heard some noise in the front of the house, and when going out to
see what was the cause of it, I found deceased lying on the ground groaning and exclaiming that he was dying - that he had taken poison ; a doctor had been sent for at this time; Dr. Thon arrived, and deceased was carried into the room ; Dr. Robertson arrived shortly after ; I saw a battery applied to deceased, and something given him, which I believe was an emetic ; he was attended by these gentlemen until his death, which took place at five minutes to eight ; I did not hear him say why he had taken the poison ; deceased said he had taken strychnine, which he had purchased at Paynter's.
A. C. Robertson, being sworn, stated : I was called yesterday evening, between seven and eight p.m., to see a man who had taken poison ; I immediately wrote a prescription for two emetics, and dispatched the messenger for them; I then went to see the patient; on my arrival I found Dr. Thon had administered emetics, which had produced no effect ; I mixed two together and administered them, without producing any effect ; we applied the galvanic battery to the chest and spine ; we aIso applied mustard poultice to the chest, spine, and abdomen ; the patient expired a few minutes before eight o'clock ; deceased did not exhibit, any of the symptoms of strychnine until about ten minutes before his death, but the patient was treated as if he had taken that poison ; I cannot say positively that strychnine was the cause of death.
Robert Paynter, being duly sworn, stated : I am managing the business of my brother as chemist and druggist ; I have served my time with my brother for two years and a-half as chemist and druggist, but have not passed the Brisbane Board yet : yesterday, about twilight, a man came into the shop and purchased some strych nine ; he purchased it from my assistant, who asked the questions necessary on the sale of poisons ; I have seen the body of the deceased, and identify it as that of the person who pur chased the poison from my assistant yesterday ; I understand that ten grains was the quantity given by my assistant to the deceased ; I have seen the deceased several times before ; we do not usually sell poisons to any one who may ask for it ; I think that necessary precautions were taken in this case before giving the poison to the deceased ; I asked deceased what he wanted with strychnine ; he said, " it was to poison rats ;" I cautioned him that it was very dan gerous to use ; I thought that he was perfectly sound in his mind, and that he would not make a bad use of it ; I believe there is some law in force in the colony to regulate the sale of poisons, but I do not know what is the law of the matter; I have not got a copy of the Queensland or any otter acts touching the sale ot poisons. By the jury : I am not a qualified chemist and druggist ; I saw the money on the counter which was, I believe, paid by the de ceased ; ten grains is the quantity usually given for one shilling ; deceased did not appear excited, but answered every question in a straightforward
manner.
David Hay Dalrymple being duly sworn, stated : I am assistant to Mr. Paynter, at his druggist and chemist's shop, in Denham-street, Rockhampton; I have no qualification; about half-past six p.rn, yesterday, a man whom I know by sight came into Dr. Paynters shop, and said "I want a shilling's worth of strychnine, it is a quarter of an ounce for a shilling, isn't it ?" I said, " you can't have the strychnine, and you'll not get a quarter of an ounce for a shilling ;" he replied " It is not for me, it is for Mr. Beer the shoemaker " I asked what he wanted it for ; deceased said to kill rats ; I then weighed ten grains of strychnine, and he said it was very dear, and that he could get it for fourteen shillings an ounce in Sydney; when looking at the quantity he said, *' You had better give me two shillings worth ;" I said no, that is quite enough at a time ; I then put it up in a parcel, and labelled it " POISON ;" deceased said when he asked for the two shillings worth that he had four pieces of bread to spread it on, and that he thought one shilling's worth not enough ; after making up the parcel, I asked him where he was going to put the strychnine ; deceased replied under the verandah ; I gave deceased the parcel, cautioning him to take care of it ; deceased said that he would and left. I have seen the body in the dead-house, and identify it as that of the person to whom I sold the strychnine yesterday ; we do not usually sell strychnine to any one that may ask for it, but we sell it to persons whom we know.
By the Jury : Deceased said he had used it before, but I never sold any to him ; deceased seemed quite collected, and laughed when I told him I did not believe he could get it for four teen shillings an ounce in Sydney.
The jury, after this evidence had been submitted, returned a verdict- " That the deceased came to his death by taking strychnine, administered by his own hands, whilst labouring under a fit of temporary insanity. "

30 September 1865. Rockhampton Bulletin. ROCKHAMPTON ASSIZES. LARCENY.
LARCENY.
Fong Hong, a Chinaman, was indicted that he did, on the 17th June, 1865, feloniously take and carry away, one ball of opium, the property of G. W. Paynter.
H. Dean, Chinese interpreter, having been sworn, prisoner pleaded not guilty.
A jury was empanelled, prisoner, through the interpreter, having previously challenged four of them.
Tho Crown Prosecutor, in opening the case, stated that it was one of simple larceny. On the date mentioned in the indictment Mr. Gannon, a publican, saw prisoner enter Dr. Paynter's shop and carry away the opium. He followed, overlook, and gave him into custody.
George Gannon was sworn, and stated that he kept the Commercial Hotel, in town ; he knew prisoner, and had seen him on the 17th June last, on a Saturday ; he saw a Chinaman walk into Dr. Paynter's druggist shop; it was between six and seven o'clock in the evening ; witness was standing in his house, about thirteen yards from the shop ; the China man look a ball of opium from the shelf at the front of the window ; he left the shop, and went down Quay-lane; witness followed, over took him, and took the ball of opium from his hand ; a police officer came up, and witness gave the Chinaman in charge ; witness handed the opium to Dr. Paynter ; witness marked the ball, and identified the ball produced as the opium he had handed to Dr. Paynter.
By Prisoner : It was dark in the evening when he overtook the man ; he could not swear prisoner was the man who took the opium from the shop; could not swear that the ball of opium was lost out of Dr. Paynter's shop; it was possible that the opium might have come from some place other than Dr. Paynter's.
By the Crown Prosecutor : The man whom he took into custody was the man he saw leave Dr. Paynter*s shop.
By his Honor: He lost sight of prisoner for an instant while he looked through the window to see if anyone were in charge of Dr. Paynter's shop.
Andrew Haggertv, a constable in the Rockhampton Police, deposed that he took prisoner into custody, in Little Quay-street, on the 17th June ; he was given into custody by last witness ; it was pretty dark at the time, but he could see a man at twenty yards distance; he produced the ball of opium, which he had received from Dr. Paynter ; he saw Mr. Gannon mark a ball of opium in the lock-up.
David H. Dalrymple, next sworn, deposed that he was an assistant to Dr. Paynter, chemist ; he remembered the 17th of the month, a ball of opium was then in the shop, on the ledge above the window, and near the door ; there was only one ball there at the time ; he saw the ball there about six o'clock, when he lighted the lamps in the shop ; he was, for a short time, out of the shop ; he went into a room within a few feet of the shop ; he was only away for a few minutes, and the opium was not there when he returned ; he saw a ball of opium in the hands of the con stable at the lock-up ; he saw a ball of opium in the possession of Dr. Paynter; the value of the ball missed amounted to £9; it was the property of G. W. Paynter and his brother, his partner ; he could not identify the ball, but he knew that from the time the ball was missed until prisoner's apprehension that no opium had been sold.
Andrew Haggerty, re-called, stated that Dr. Paynter did not come up to the lock-up with them ; witness received the ball from Dr. Paynter.
Robert Paynter stated that he was carrying on the business of a druggist, in partnership with his brother. George William Paynter ; on the date in question he carried on business at the corner of Quay Lane ; his brother was out of the colony.
The Crown Prosecutor here applied for the amendment of the information by the insertion in it of the words "and another, his partner." The information was thereupon amended. This closed the case for the Crown.
Prisoner stated to the jury that he had bought the opium in Brisbane, from a German, and was passing Dr. Paynter's with the opium in his hand, when Mr. Gannon rushed out after him and gave him into custody. That he had been under commitment for three months; that if he thought the case was so bad a one, he would have sent for the person from whom he bought it, but he did not know where to find the person, and consequently could not call him as a witness. He was as innocent of the charge as he could be.
His Honor summed up, and the jury retired. After an absence of a few minutes, they re turned to the jury box, with a verdict of guilty.
Prisoner still declared his innocence, and his Honor said, that taking into consideration the length of time that he had been confined, he would pass upon him a lighter sentence than he would otherwise do. Prisoner was sentenced to be imprisoned and kept to hard labour in Rockhampton gaol for three months.

9 April 1881, Brisbane Courier, page 6:
A fire, which has brought to a complete stand still the business of two respectable citizens, oc curred here on Thursday evening last. About 9 o'clock Mr. Newth, druggist, was in his premises in East-street, and feeling not very well, was in the act of preparing a draught for himself, when he fainted. As he fell he called upon his neighbour, Mr. Lauderdale, barber, for assistance. On entering the back shop the latter found Mr. Newth lying on the floor, and the oil from the lamp which he had let fall blazing on the floor. Mr. Hannigan, tailor in Mr. Stewart's, seeing the flames, rushed in and assisted in conveying Mr. Newth to Mrs. Johnstone's boarding-house, in Denham-street. The fire meanwhile had caught the shop fittings, and the flames shot up with great rapidity. An alarm was raised, and the Fire Brigade were promptly in attendance, and prevented the con flagration from spreading to the contiguous business premises. They had some difficulty in doing so, however, as they could only play upon the premises from the front. The tenement on which the flames had caught was a one-story wooden one with a frontage of about 40ft., and corrugated iron roof. It was divided by a thin wooden partition into two shops, one occupied by Mr. Newth and the other by Mr. Lauderdale, barber. On one side of it were the premises of Mr. Stewart, draper, one story, with peaked brick gable ; and on the other a two story brick building occupied by Mr. Paynter, druggist, the owner, and Mr. Munro, book-seller. The firemen could not play upon the flames from the back yard, and had it not been for a small hose from the Bulletin office, another in Mr. Paynter's, and a small curricle pump, the adjoining premises might have been set on fire by the burning of some outhouses. Fortunately the fire was kept from spreading, but the premises in which it originated, with the contente, were completely destroyed. Mr. Newth did not save his books, and it is thought will be unable to fulfil contracts he had with up-country hospitals. His stock was insured in three offices for £1700. Tho shop belonged to Mr. D'Arcy, and was insured for £400.

Event Memos from GEDCOM Import...

*New [OCCU]
Rockhampton Bulletin, 8 November 1864:
THE LATE CASE OF POISONING.
THE District Coroner, on the 5th instant (Saturday last), held an inquest upon the remains of David Robinson, who died at the Rockhampton Hotel, onthe 4th. The evidence adduced was as follows:

George Beer, being sworn, stated - I am a shoemaker, residing in Rockhampton; 1 have known the deceased David Robinson for the last four years;deceased was a shoemaker, and had been in my employment for the last eight or nine months; deceased was of rather intemperate habits, but bas beensteady for some weeks past until the last few days; deceased was drinking during Sunday, Monday, and Tuesday, but was so sober during Wednesday andThursday that he attended the court during those days¡ yesterday deceased was drinking, but was not drunk; I saw him frequently yesterday; he was invery low spirits in consequence of losing a case at court, and talked frequently of it; I saw him about fifteen minutes before the time at which hemust have taken the poison: deceased was almost mad during his fits of intemperance, and some months ago I heard him threaten to drown himself; Idid not hear him say anything about committing suicide yesterday; the last time that I saw him in his usual health he was at my shop, inEast-street, about 6 80 p.m., on the 4th instant; one of the men in my employment (George Blutcher) brought me word about half-an-hour afterwardsthat Robinson had taken poison, and was lying at Skardon's; I went there immediately, to Skardon's, and saw the deceased lying on the verandah,moaning; I asked him what he had done, he said he had bought a shilling's worth of strychnine, at Paynter's, and had taken it; he bid me "Good- bye"and "God bless you"; I did not stop a minute but ran away for a doctor; on my return I found Drs. Robertson and Thon attending upon him; when Ifirst saw him he was evidently in great pain, and clenched his hands tightly, and rolled about very much; on my return he was exclaiming, "My God,my God," but would not answer any questions; the last words I heard him say were, "Oh, my poor wife and three children"; I never knew before that hewas married; I have before asked him was he married, but he said he was a single man; when I saw him again after my return, he was evidently ingreat pain, but I did not think be was dying, nor did I think he had taken poison; even the doctors who were attending him did not think so ; theygave him emetics, which did not act; they then applied the galvanic battery and inapisms [powerful stimulants] along the spine; he did not have morethan ten minutes after this time; 1 think he was not alive longer than half an hour after the news was brought to me that he had taken poison.

By the Foreman: I have heard that he had a fall from his horse some years ago, and that he had suffered from some injury of the brain; I have heardthat he suffered some family bereavements within the last six months which affected him very much; a small quantity of drink effected him very much;I do not know what time elapsed from the period at which he had taken the poison until be was visited by a medical man.
Charles Day Skardon, being duly sworn, stated: I reside at the Rockhampton Hotel; I have known the deceased for about twelve months, during whichtime I have had frequent opportunities of observing his habits; I have seen him drunk several times, and for some days together, but on the whole Ido not consider him a man of intemperate habit; I do not think he was an excitable man, but a very smail quantity of drink made him drunk; I did notsee deceased all day yesterday until about seven o'clock p.m; at this time I heard some noise in the front of the hotel, and when going out to seewhat was the cause of it, I found deceased Iying on the ground groaning and exclaiming that he was dying - that he had taken poison, a doctor hadbeen sent for at this time; Dr. Thona arrived, and deceased was carried into the room; Dr. Robertson arrived shortly after, I saw a battery appliedto deceased, and something given him, which I believe was an emetic; he was attended by these gentlemen until his death, which took place at fiveminutes to eight; I did not hear him say why he had taken the poison; deceased said he had taken strychnine, which he had purchased at Paynter's.

A. C. Robertson, being sworn, stated: I was called yesterday evening, between seven and eight p.m., to see a man who had taken poison; I immediatelywrote a prescription for two emetics, and dispatched the messenger for them; I then went to see the patient; on my arrival I found Dr. Thon hadadministered emetics, which had produced no effect; I mixed two together and administered them, without producing any effect; we applied thegalvanic battery to the chest and spine; we also applied mustard poultice to the chest, spine, and abdomen; the patient expired a few minutes beforeeight o'clock; deceased did not exhibit any of the symptoms of strychnine until about ten minutes before his death, but the patient was treated asif he had taken that poison; I cannot say positively that strychnine was the cause of death.

Robert Paynter, being duly sworn, stated: I am managing the. business of my brother as chemist and druggist; I have served my time with my brotherfor two years and a half as chemist and druggist, but have not passed the Brisbane Board yet: yesterday, about twilight, a man came into the shopand purchased some strychnine; he purchased it from my assistant, who asked the questions necessary on the sale of poisons; I have seen the body ofthe deceased, and identify it as that of the person who purchased the poison from my assistant yesterday; I understand the ten grains was thequantity given by my assistant to the deceased; I have seen the deceased several times before; we do not usually sell poisons to any one who may askfor it; I think that necessary precautions were taken in this case before giving the poison to the deceased; I asked deceased what he wanted withstrychnine; he said, "it was to poison rats"; I cautioned him that it was very dangerous to use; I thought that he was perfectly sound in his mind,and that he would not make a bad use of it; I believe there is some law in force in the colony to regulate the sale of poisons, but I do not knowwhat is the law of the matter; I have not got a copy of the Queensland or any other acts touching the sale of poisons. By the jury: I am not aqualified chemist and druggist; I saw the money on the counter which was, Ï believe, paid by the deceased; ten grains is the quantity usually givenfor one shilling; deceased did not appear excited, but answered every question in a straightforward mannner.

David Hay Dalrymple being duly sworn, stated: I am assistant to Mr. Paynter, at his druggist and chemist's shop, in Denham-street, Rockhampton; 1have no qualification; about half-past six p.m, yesterday, a man who I know by sight came into Dr. Paynter's shop, and said "I want a shilling'sworth of strychnine, it is a quarter of an ounce for a shilling, isn't it?" I said, "you can't have the strychnine, and you'll not get a quarter ofan ounce for a shilling;" he replied "It is not for me, it is for Mr. Beer the shoemaker" I asked what he wanted it for; deceased said to kill rats;I then weighed ten grains of strychnine, and he said it was very dear, and that he could get it for fourteen shillings an ounce in Sydney; whenlooking at the quantity he said, "You had better give me two shilling worth"; I said no, that is quite enough at a time; I then put it up in aparcel, and labelled it "POISON"; deceased said when he asked for the two shillings worth that he had four pieces of bread to spread it on, and thathe thought one shilling's worth not enough; after making up the parcel, I asked him where he was going to put the strychnine; deceased replied underthe verandah; I gave deceased the parcel, cautioning him to take care of it; deceased said he would and left. I have seen the body in thedead-house, and identify it as that of the person to whom I sold the strychnine yesterday; we do not usually sell strychnine to any one that may askfor it, but we sell it to persons whom we know.

By the Jury: Deceased said he had used it before, but I never sold any to him; deceased seemed quite collected, and laughed-when I told him I didnot believe he could get it for fourteen shillings an ounce in Sydney.

The jury, after this evidence had been submitted, returned a verdict - "That the deceased came to his death by taking strychnine, administered byhis own hands, whilst labouring under a fit of "temporary insanity"., Chemist and Druggist

Court case
Rockhampton Bulletin:
LARCENY.
Fong Hong, a Chinaman, was indicted that he did, on the 17th June, 1865, feloniously take and carry away, one ball of opium, the property of G. W.Paynter.
H. Dean, Chinese interpreter, having been sworn, prisoner pleaded not guilty. A jury was empanelled, prisoner, through the interpreter, havingpreviously challenged four of them. Tho Crown Prosecutor, in opening the case, stated that it was one of simple larceny. On the date mentioned inthe indictment Mr. Gannon, a publican, saw prisoner enter Dr. Paynter's shop and carry away the opium. He followed, overlook, and gave him intocustody.
George Gannon was sworn, and stated that he kept the Commercial Hotel, in town; he knew prisoner, and had seen him on the 17th June last, on aSaturday ; he saw a Chinaman walk into Dr. Paynter's druggist | shop; it was between six and seven o'clock in the evening; witness was standing inhis house, about thirteen yards from the shop; the Chinaman look a ball of opium from the shelf at the front of the window; he left, the shop, andwent down Quay lane; witness followed, overtook him, and took the ball of opium from his hand; a police officer came up, and witness gave theChinaman in charge; witness handed the opium to Dr. Paynter; witness marked the ball, and identified the ball produced as the opium he had handed toDr. Paynter.
By Prisoner: It was dark on the evening when he overtook the man; he could not swear prisoner was the man who took the opium from the shop; couldnot swear that the ball of opium was lost out of Dr. Paynter's shop; it was possible that the opium might have come from some place other than Dr.Paynter's.
By the Crown Prosecutor: The man whom he took into custody was the man he saw leave Dr. Paynter*s shop.
By his Honor: He lost sight of prisoner for an instant while he looked through the window to see if anyone were in charge of Dr. Paynter's shop.
Andrew Haggertv, a constable in tho Rockhampton Police, deposed that he took prisoner into custody, in Little Quay-street, on the 17th June; he wasgiven into custody by last witness; it was pretty dark at the time, but be could see a man at twenty yards distance; he produced the ball of opium,which he had received from Dr. Paynter; he saw Mr. Gannon mark a ball of opium in the lock-up.
David H. Dalrymple, next sworn, deposed that he was an assistant to Dr. Paynter, chemist; he remembered the 17th of the month, a ball of opium wasthen in the shop, on the ledge above the window, and near the door; there was only one ball there at tho time ; he saw the ball there about sixo'clock, when he lighted the lamps in the shop ; he was, for a short time, out of the shop; he went into a room within a few feet of the shop; hewas only away for a few minutes, and the opium was not there when he returned; be saw a ball of opium in the hands of the constable at the lock-up;he saw a ball of opium in the possession of Dr. Paynter; tho value of the ball missed amounted to £9; it was the property of G. W. Paynter and hisbrother, his partner; he could not identify the ball, but he knew that from the time the ball was missed until prisoner's apprehension that no opiumhad been sold.
Andrew Haggerty, re-called, stated that Dr. Paynter did not come up to the lock-up with them; witness received the ball from Dr. Paynter.
Robert Paynter stated that he was carrying on the business of a druggist, in partnership with his brother. George William Paynter; on the date inquestion he carried on business at the corner of Quay Lane; his brother was out of the colony.
The Crown Prosecutor here applied for the amendment of the information by the insertion in it of the words "and another, his partner." Theinformation was thereupon amended. This closed the case for the Crown.
Prisoner stated to the jury that he had bought the opium in Brisbane, from a German, and was passing Dr. Paynter's with the opium in his hand, whenMr. Gannon rushed out after him and gave him into custody. That he had been under commitment for three months; that if he thought the case was sobad a one, he would hare sent for the person from whom he bought it, but he did not know where to find the person, and consequently could not callhim as a witness. He was as innocent of the charge as he could be.
His Honor summed up, and the jury retired. After an absence of a few minutes, they returned to the jury box, with a verdict of guilty. Prisonerstill declared his innocence, and his Honor said, that taking into consideration the length of time that he had been confined, he would pass uponhim a lighter sentence than he would otherwise do. Prisoner was sentenced to be imprisoned and kept to hard labour in Rockhampton gaol for threemonths.

*New [PROP]
Robert ran the Solitude property from March 1850 to August 1858. Solitude covers a large area including Woori Yallock, Launching Place, YarraJunction, Yellingbo, Hoddles Creek and Gladysdale. He was only 22 years of age when he took over the lease.

Pastoral Pioneers of Port Phillip:
"Solitude", W.P. No 39, 28,600 acres, 400 c., Yarra River at Woori Yallock Creek - October 1846, James Kavanagh [sic] and Canavan; July 1848, JamesWestwood; March 1850, R.E. Paynter; August 1858, Edward Orenshaw and William Chapman; etc.

Solitude Run was originally leased by James Kavenagh on 6 April 1848. The lease states that the general location of the property was 'On the Yarraand Wonyallick Creek'.
Argus 26 September 1848 - Claims to Leases of Crown Land Beyond the Settles Districts, Western Port District.
Cavanagh and Canavan.
Name of Run - Solitude.
estimated area - 28,600 acres.
Estimated grazing capabilities - 400 head of cattle.
Bounded on the NW by Stewart and Brierty, SW boundary on the N by the Yarra; on the E and S by dense scrub to Gardiner's Creek.
N.B. This run was transferred under the sanction of the Government to Mr. James Westwood, in whose name the lease will be accordingly prepared.

James Westwood requested on 4th January 1850 that the lease of his station may be transferred to Mr Robert Emilius Paynter of Melbourne. It wasapproved on 7th March 1850 and Robert Emilius Paynter was granted a license to depasture at Solitude.

Victorian Squatters by Robert Spreadborough:
"Solitude" gazetted October 4, 1848. Area 28,600 acres. (Licenced 12 months prior to NSW O.I.C. October 1847) James Kavenagh [sic] & Canavan
1848 July 14 James Westwood
1850 March 7 Robert Emilius Paynter
1858 August 27 Edward Orenshaw & William Chapman.

Just For Today: an historical manuscript of Yellingbo and District - Jan Miller and Isabell Buckland, 1987.
"The Solitude squatting run incorporated all of the present-day Yellingbo area, but little was used as the Yarra River flats provided a readypasture. The vast 28,600 acres took in all of the country from the Yarra to the present "Camelot Castle" [a house on the Warburton Highway]; itstretched to Hoddles Creek and almost Beenak; making the run able to carry a greater carrying capacity.
First licensed to James Kavenagh [sic] and a partner, Canavan, in 1848. Squatters were temporary people, taking advantage of the opportunity toinvest in stock, graze and abuse the land with no improvement, and then move on to another run or money-making venture. Creeks and rivers werenatural boundaries therefore there was even a need to fence.
With the coming of James Westwood one year later, an attempt was made to form a profitable squatting venture, the publican turned squatter actuallylived on his run from July 1848 until March 1850 but retained his interest in the 'old Scottish inn', a watering hole for many of Melbourne's earlyresidents.
It was Robert Emilius Paynter, however, who made the greatest impression on the land and our history, leaving us with landmarks that would remainuntil present day. Paynter built a station homestead near the junction of today's Warburton Highway and Lusatia Road. He stocked the land withcattle and also sheep [this is incorrect according to the stock assessments]. Hernshaw, his shepherd, lived in a little crude dwelling built closeto the junction of two creeks - the Woori Yallock and another which was to bear the name of Sheepstation. A humble lonely shepherd's hut musttherefore lay claim to being the first permanent building in Yellingbo., Property

Robert married Susanna PEARCE on 25 Mar 1873 in St Paul’s Temperance Church, Rockhampton, Queensland, Australia. Susanna (daughter of James PEARCE and Sarah Ann SHEPHERD) was born about 1852 in Cheltenham, Gloucestershire, England; died on 10 Apr 1937 in 32 Woodward Av, Strathfield, New South Wales, Australia; was buried on 12 Apr 1937 in Rookwood Crematorium, Sydney, New South Wales, Australia. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 20 Jan 1790, St Columb Major, Cornwall, England
• Residence: 20 Aug 1815, Trekenning, St Columb Major, Cornwall, England
• Residence: 24 Mar 1820, St Columb Major, Cornwall, England
• Residence: 25 May 1821, St Columb Major, Cornwall, England
• Residence: 29 Sep 1822, St Columb Major, Cornwall, England
• Residence: 29 Sep 1823, St Columb Major, Cornwall, England
• Residence: 10 Mar 1825, St Columb Minor, Cornwall, England
• Residence: 28 Jun 1827, Crantock, Cornwall, England
• Residence: 17 Dec 1828, St Columb Major, Cornwall, England
• Residence: 22 Apr 1831, Newquay, Cornwall, England
• Residence: 30 May 1833, Church Town, St Columb Minor, Cornwall, England
• Residence: 3 Jun 1834, St Columb Major, Cornwall, England
• Residence: 16 Feb 1836, Falmouth, Cornwall, England
• Residence: Aug 1838, St Aubin, Jersey, Channel Islands

Notes:

ROYAL CORNWALL GAZETTE, 2 August 1817
TO HIS ROYAL HIGHNESS The Prince of Wales, REGENT Of the United Kingdoms of Great Britain & Ireland. We, the undersigned NOBLEMEN, GENTLEMEN. CLERGY, FREEHOLDERS, and other INHABITANTS of the COUNTY of CORNWALL, feel it to be our Duty to repeat to your ROYAL HIGHNESS the assurances of our loyal and unalterable Attachment; and to express our Indignation at, and Abhorrence of, the late treasonable Attack upon the Sacred Person of your Royal Highness. As faithful Subjects, strongly attached to our PRINCE ; as Englishmen, proud in the possession of a glorious CONSTITUTION: we are as eager to shield the one from Insult and Violence, as we are to protect the other from Innovation or Subversion. At the present momentous Crisis of Public Affairs, we feel ourselves imperiously railed upon by what we owe to our Country, and our Prince, to enter a solemn Protest against the whole Tenor and Substance of an address purporting to be an Address of the “Gentry, Clergy, Freeholders, and other Inhabitants of the County of Cornwall," which appears by the Public Prints to have been resolved upon at a Meeting held at Bodmin, on the eleventh day of March last, by the Individuals then and there assembled. We are anxious to repel from ourselves the charge of Discontent and Insubordination, to which the spirit of its language must necessarily expose us; and to condemn as groundless and absurd, and to disavow with warmth, that wild and feverish sentiment which declares the temporary and short Suspension of the Habeas Corpus Act, to be "a part of a Systematic Conspiracy to overthrow the existing Laws and Constitution, and to establish in their stead, and on their ruins, a despotic and military Government." We have witnessed with sorrow, and contemplated with alarm, a spirit of Disaffection and Treason, pervading many parts of the British Empire, owing its birth to the temporary difficulties and distresses which have oppressed the Agriculture, Manufactures, and Commerce of the Kingdom, and its growth and dissemination, to the artful efforts of designing Traitors, deluded Patriots, and mistaken Reformers. We regard the unanimous Testimony of the Committees of the Lords and Commons as to the existence of these traitorous Conspiracies, as affording to us more than an adequate Proof of their reality, which has been but too well con- firmed by the rash attempts of the Conspirators themselves. Relying, as we do, on the Wisdom and Integrity of the Parliament of this happily united Kingdom, we can neither question the policy, or doubt the necessity, of those measures, which in full and solemn Council, it has thought expedient to adopt ; and which, by a temporary suspension of a part, is intended to ensure the permanent Security of the whole of that fundamental System of Laws, which has so long blessed this happy Land with prosperity, its Government with stability, and its Individuals with a full measure of rational liberty.
Names and Residence.
Francis Paynter, St Columb Major
John P. Paynter, R.N., St Columb Major
Charles H. Paynter, St Columb Major
William Mounsteven, Surgeon, St Columb Major


Will of father Francis Paynter, 9 July 1819.
Francis’ will requests that he be buried “as near as conveniently may be to the remains of my late beloved wife.” Margaret had died only the year before. He asked that his funeral “be private and conducted with as little expense as common decency will admit of.”
Francis states that he has already made liberal provision for his son Francis Camborne Paynter, with which “he has declared himself fully satisfied.” He was to be given a further sum of twenty guineas as a mark of his father’s “affection and regard.” Also to his wife Elizabeth, five guineas, and two guineas for his grandson Edward* “to be laid out in some article of remembrance.”
Francis states that he has spent two thousand pounds on his son Charles Henry Paynter, plus an annual sum of two hundred and fifty pounds for his personal expenses. Francis says that “I cannot consistently with the justice and duty which I owe to my other children, increase his fortune to a further extent.” However, Charles is to be given two hundred pounds by his executor within six months of his decease, but without interest. His wife Fanny is to be given “five guineas as a mark of my regard and affection.”
To his sons John Pender Paynter and Thomas Francis Paynter, he leaves all his shares in Whele Vor [normally spelt Wheal, meaning Mine] in the parish of Breage and near Helston, and also one near Redruth, and another at Polgooth near St Austle [(normally spelt AUSTELL]. After his death they would become tenants in common, not joint tenants of these shares.
John Pender Paynter was bequeathed the house where Francis lived, called Trekenning in the parish of St Columb Major. This also included all the fields and inclosures and crofts. John is also left enclosures called Castalot or Creggoes, and the meadow that faces the front of the house Trekenning called the Mill Meadow. Also the remainder of his farm in the Garden Meadow.
Thomas Francis Paynter was left Dunkans Meadow, now divided into two fields and the inclosure called Bolithos Field, now divided into three fields in the parish of Saint Columb. Thomas was also left the dwelling house and garden in Higher Trekenning which was rented out for three pounds thirteen shillings and six pence annually. Thomas was also given an annuity of 50 pounds which was rent paid annually by the Reverend Pomeroy Gilbert on the tithes of the Parish of St Wennin. Thomas was also given the benefits of an insurance policy from the Westminster Office for Insurance of Lives and Survivorship. Lastly he was to be paid by the executor two hundred pounds within one year of he father’s death.
All the goods, chattels etc. were bequeathed to John Pender Paynter.
*Edward died in June 1821 at age 4.

Bishop Carey’s Replies to Queries about Diocese of Exeter, 1821, Volume I, Cornwall. I have paraphrased the questions.
ST COLUMB MINOR.
1. Number of families in the Parish? - 271.
2. Are there any Papists or Dissenters? What kind or denomination? THERE ARE NO PAPISTS, THE ONLY DISSENTERS ARE METHODISTS. What teachers of each are resident in the parish, or occasionally visiting it? Are they licensed? What places do they meet? THEY HAVE ONE RESIDENT PREACHER AND FOURTEEN OTHERS ATTEND IN ROTATION. THERE ARE FOUR PLACES OF PUBLIC MEETING, ALL LICENSED.
3. Do you reside in your Benefice, and in the proper house of residence? If not, for what reason? I DO NOT, THERE BEING NO PLACE OF RESIDENCE.
4. If you do not reside, do you have a Curate resident? I DO NOT HAVE A CURATE.
5. If you have more than one Benefice, what is it? By whom is it served? I HAVE THE PERPETUAL CURACY OF ST CRANTOCK, SERVED BY MYSELF.
6. Do you perform Divine Service at any church besides your own? I PERFORM DIVINE SERVICE AT BOTH CHURCHES.
7. Is Divine Service performed in your church twice every Sunday, with a sermon in the morning? DIVINE SERVICE IS PERFORMED ONCE ONLY EVERY SUNDAY, AT 11 O’CLOCK IN THE MORNING AND 3 O’CLOCK IN THE AFTERNOON ALTERNATELY. I SERVE TWO CHURCHES.
8. What provision is there for religious instruction for the youth, publicly or privately? NONE.
9. How often and what times do you catechise the youth of your parish? FROM TRINITY SUNDAY UNTIL MICHAELMAS AS OFTEN AS DIVINE SERVICE IS PERFORMED IN THE AFTERNOON.
10. How often is the sacrament of communion administered? What number attend? DURING THE YEAR I HAVE ADMINISTERED COMMUNION SIX TIMES, TO GENERALLY 25 TO 30 COMMUNICANTS.
11. Are there any benefactions for the use of the church or the poor? Under what management? Are they properly applied? Are they abused or used fraudulently? THERE IS A BENEFACTION OF 18/6 FOR A SERMON TO BE PREACHED ON ST JOHN BAPTIST’S DAY, WHEN THE SUM OF 2 POUNDS IS ANNUALLY DISTRIBUTED AMONG THE POOR BY TRUSTEES APPOINTED UNDER THE WILL OF THE DONOR. THERE ARE NO ABUSES IN THE DISTRIBUTION.
12. Are there any alms houses, hospitals or charitable endowments? Are they properly managed? Have you a parochial library? NONE.
13. Is you residence in good repair? THERE IS NO HOUSE OF RESIDENCE. Are your church and chapel in good repair? THE CHURCH AND CHANCEL ARE IN GOOD REPAIR. Is your church-yard well kept? YES, BUT IS MUCH TOO SMALL FOR THE POPULATION. Have you all things for Divine Service? I HAVE ALL THINGS I NEED.
14. Have you a terrier of the glebe lands, houses, etc.? I HAVE.
15. Have you any chapel within your parish? NO.
16. Have you met with any difficulties in the discharge of your duty? NO.
MY LETTERS OF PRIEST’S ORDERS ARE DATED EXETER 20 AUGUST 1815. THE DATE OF MY LICENCE IS 12 MARCH 1817. CHARLES H. PAYNTER.
CRANTOCK.
1. Number of families in the Parish? - 73.
2. Are there any Papists or Dissenters? What kind or denomination? What teachers of each are resident in the parish, or occasionally visiting it? Are they licensed? What places do they meet? THE METHODISTS HAVE TWO PUBLIC MEETINGS, NEITHER OF WHICH IS LICENSED. THEY HAVE NO RESIDENT TEACHER.
3. Do you reside in your Benefice, and in the proper house of residence? If not, for what reason? I DO NOT, THERE BEING NO PLACE OF RESIDENCE.
4. If you do not reside, do you have a Curate resident? I DO NOT HAVE A CURATE.
5. If you have more than one Benefice, what is it? By whom is it served? I HAVE THE PERPETUAL CURACY OF ST CRANTOCK, SERVED BY MYSELF.
6. Do you perform Divine Service at any church besides your own? I PERFORM DIVINE SERVICE AT BOTH CHURCHES.
7. Is Divine Service performed in your church twice every Sunday, with a sermon in the morning? If not, state the reason. What are the hours? DIVINE SERVICE IS PERFORMED ONCE ONLY EVERY SUNDAY, AT 11 O’CLOCK IN THE MORNING AND 3 O’CLOCK IN THE AFTERNOON ALTERNATELY. I SERVE TWO CHURCHES.
8. What provision is there for religious instruction for the youth, publicly or privately? THERE IS A SUNDAY SCHOOL KEPT BY THE PARISH CLERK.
9. How often and what times do you catechise the youth of your parish? FROM TRINITY SUNDAY UNTIL MICHAELMAS AS OFTEN AS DIVINE SERVICE IS PERFORMED IN THE AFTERNOON.
10. How often is the sacrament of communion administered? What number attend? THE USUAL NUMBER IS FOUR, BUT WITHIN THE LAST YEAR I HAVE ADMINISTERED COMMUNION SIX TIMES. THE NUMBER IS VERY SMALL, SELDOM EXCEEDING TWELVE.
11. Are there any benefactions for the use of the church or the poor? Under what management? Are they properly applied? Are they abused or used fraudulently? THERE IS A BENEFACTION OF 10/6 TO THE CURATE FOR A SERMON TO BE PREACHED ON 27 DECEMBER, ON WHICH DAY THE SUM OF 1 POUND IS DISTRIBUTED TO THE POOR BY TRUSTEES APPOINTED UNDER THE WILL OF THE DONOR. THERE ARE NO ABUSES IN THE DISTRIBUTION.
12. Are there any alms houses, hospitals or charitable endowments? Are they properly managed? Have you a parochial library? NONE.
13. Is you residence in good repair? THERE IS NO HOUSE OF RESIDENCE. Are your church and chapel in good repair? .Is your church-yard well kept? THE CHURCH, CHANCEL AND CHURCHYARD ARE IN GOOD REPAIR, EXCEPTING THE VESTRY ROOM, WHICH IS REPAIRED BY THE IMPROPRIATOR, TO WHOSE AGENT I HAVE REPEATEDLY, BUT IN VAIN, APPLIED Have you all things for Divine Service? I HAVE ALL THINGS I NEED.
14. Have you a terrier of the glebe lands, houses, etc.? I HAVE.
15. Have you any chapel within your parish? NO.
16. Have you met with any difficulties in the discharge of your duty? NO.
MY LETTERS OF PRIEST’S ORDERS ARE DATED EXETER 20 AUGUST 1815. THE DATE OF MY LICENCE IS 12 MARCH 1817. CHARLES H. PAYNTER.


Deed. 16 April 1838:
Charles Henry Paynter late of the parish of St Columb Minor, now of the Island of Jersey, clerk, and Fanny his wife, heretofore Fanny Peter, spinster. Refers to a “certain Indenture bearing the date eighteenth day of September 1818 made between John Peter of the first part, the said Charles Henry Paynter of the second part, the said Fanny Paynter (then Fanny Peter, spinster) of the third part and William Peter* and Robert Bateman Paul** of the fourth part, being the Settlement made previously to and in contemplation of the Marriage then intended and shortly afterwards had and solemnised between the said Charles Henry Paynter and Fanny Paynter his now wife.
It was amongst things in the said Indenture that a certain sum of Two thousand pounds Capital Bank Stock therein stated to be then standing in the name of the said William Peter should be forthwith transferred in the Book or Books kept for that purpose at the Bank of England into the names of the said William Peter and Robert Bateman Paul their executors administrators and assigns and that the said sum of Two thousand pounds Bank Stock” etc.
Not more than half of the Trust Estate or Monies “for the placing out or advancement in the world or otherwise for the preferment or benefit of any Child or Children of the said intended Marriage when and in such manner as the said John Peter, Charles Henry Paynter and Fanny his wife should see fit.”
“And whereas of a certain Indenture bearing date on or about the eleventh day of May 1837 made between the said Charles Henry Paynter and Fanny his wife of the first part and the said William Peter and Robert Bateman Paul of the second part and Francis Camborne Paynter*** Gentleman and William Merifield Gentleman of the third part” this deed replaces William Peter and Robert Bateman Paul with Francis Camborne Paynter and William Merifield as Trustees.
Mentions “John Peter died in or about the year 1830.”
“And whereas the said Charles Henry Paynter and Fanny his wife being desirous of raising the sum of one hundred and fifty pounds for the advancement in the world of John Bateman Paynter their eldest son.”
Charles and Fanny “sold and disposed of the sum of seventy five pounds Capital Bank Stock … which has produced the sum of one hundred and fifty four pounds sterling.
“Francis Camborne Paynter and William Merifield shall fortieth pay John Bateman Paynter their son the sum of one hundred and fifty pounds for and towards his advancement in life.”
Receipt dated 25 April 1838 is pinned to deed. The Deed is in the Cornwall Record Office, part of the Whitford papers (legal firm long associated with the Paynter family in St Columb Major).
* Fanny’s uncle?
** Fanny’s cousin
*** Charles’ brother

Charles married Fanny PETER on 19 Sep 1818 in St Columb Minor, Cornwall, England. Fanny (daughter of John PETER and Elizabeth BATEMAN) was born about 1793 in St Columb Major, Cornwall, England; died on 13 May 1888 in 4 Alexandra Terrace, Penzance, Cornwall, England; was buried on 16 May 1888 in Madron, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 29 May 1793, St Columb Major, Cornwall, England
• Residence: 24 Mar 1820, St Columb Major, Cornwall, England
• Residence: 25 May 1821, St Columb Major, Cornwall, England
• Residence: 29 Sep 1822, St Columb Major, Cornwall, England
• Residence: 29 Sep 1823, St Columb Major, Cornwall, England
• Residence: 17 Dec 1828, St Columb Major, Cornwall, England
• Residence: 16 Feb 1836, Falmouth, Cornwall, England
• Residence: Aug 1838, St Aubin, Jersey, Channel Islands
• Census: 6 Jun 1841, Roseville Lodge, Bouet, St Peter Port, Guernsey, Channel Islands
• Residence: 5 Oct 1843, Guernsey, Channel Islands
• Arrival: 3 Sep 1849, Adelaide, South Australia, Australia
• Departure: 5 Oct 1849, Adelaide, South Australia, Australia
• Immigration: 12 Oct 1849, Port Phillip, Melbourne, Victoria, Australia
• Census: 2 Apr 1871, Priory House, Ashburton Rd, Totnes, Devon, England
• Arrival: 31 Jul 1872, St Peter Port, Guernsey, Channel Islands
• Census: 3 Apr 1881, 3 Holyrood Place, St Andrew, Plymouth, Devon, England

Notes:

1838 - 1847 - Charles Henry Paynter late of the parish of St Columb Minor, now of the Island of Jersey, clerk, and Fanny his wife, heretofore Fanny Peter, spinster. Refers to a “certain Indenture bearing the date eighteenth day of September 1818 made between John Peter of the first part, the said Charles Henry Paynter of the second part, the said Fanny Paynter (then Fanny Peter, spinster) of the third part and William Peter* and Robert Bateman Paul** of the fourth part, being the Settlement made previously to and in contemplation of the Marriage then intended and shortly afterwards had and solemnised between the said Charles Henry Paynter and Fanny Paynter his now wife.
It was amongst things in the said Indenture that a certain sum of Two thousand pounds Capital Bank Stock therein stated to be then standing in the name of the said William Peter should be forthwith transferred in the Book or Books kept for that purpose at the Bank of England into the names of the said William Peter and Robert Bateman Paul their executors administrators and assigns and that the said sum of Two thousand pounds Bank Stock” etc.
Not more than half of the Trust Estate or Monies “for the placing out or advancement in the world or otherwise for the preferment or benefit of any Child or Children of the said intended Marriage when and in such manner as the said John Peter, Charles Henry Paynter and Fanny his wife should see fit.”
“And whereas of a certain Indenture bearing date on or about the eleventh day of May 1837 made between the said Charles Henry Paynter and Fanny his wife of the first part and the said William Peter and Robert Bateman Paul of the second part and Francis Camborne Paynter*** Gentleman and William Merifield Gentleman of the third part” this deed replaces William Peter and Robert Bateman Paul with Francis Camborne Paynter and William Merifield as Trustees.
Mentions “John Peter died in or about the year 1830.”
“And whereas the said Charles Henry Paynter and Fanny his wife being desirous of raising the sum of one hundred and fifty pounds for the advancement in the world of John Bateman Paynter their eldest son.”
Charles and Fanny “sold and disposed of the sum of seventy five pounds Capital Bank Stock … which has produced the sum of one hundred and fifty four pounds sterling.
“Francis Camborne Paynter and William Merifield shall fortieth pay John Bateman Paynter their son the sum of one hundred and fifty pounds for and towards his advancement in life.”

Receipt dated 25 April 1838 is pinned to deed. The Deed is in the Cornwall Record Office, part of the Whitford papers (legal firm long associated with the Paynter family in St Columb Major).

* Fanny’s uncle?
** Fanny’s cousin
*** Charles’ brother

LOUISA BAILLIE IN ADELAIDE.
South Australian Register, Saturday 8 September 1849, page 3
POLICE COURT— PORT ADELAIDE.
Friday, 7th September. [Before G. F. Dashwood and H. Duncan, Esqrs. ]
James Blacklock, James Lobb, Robert Woodhouse, John McKinnon, Wm. Wills, Wm Lewis, Isaac Stagg, John Stagg, James Southerwood, John Richolls, and Peter Brand, eleven seamen belonging to the Louisa Baillie, were brought in charged with unlawfully and maliciously stabbing, cutting, and wounding Police-constables Reid, Etheridge, Freebody, MacDonald, and Leech, with intent to resist and prevent the lawful apprehension of Robert Woodhouse, James Blacklock, and James Lobb.
It appeared that Sergeant Reid and Police-constable Leech went on board the Louisa Baillie to execute warrants on three of the crew for absenting themselves without leave. When they went on board, about half past twelve o'clock, they asked for the men, who consented to go on shore peaceably, provided they were allowed to have their dinner previously. They were allowed upwards of twenty minutes, when the Sergeant went forward, and desired them to come on shore with him; but they made several frivolous excuses, and ultimately refused. He then went on shore for three more of the force, who speedily arrived, and attempted to induce them to go quietly; but they dared the police, saying, 'It would take all the police in Adelaide to force them on shore.'
A desperate encounter then ensued, and one of the force (McDonald) had his wrist broken, and Etheridge received a severe cut on the head, laying it open for about three inches; but they ultimately succeeded, in getting them safely locked up in the watch-house. The weapons used by the seamen were axes, shovels, hammers, bolts, pump-breaks, and iron bolts. The evidence being conclusive against the prisoners, they were all committed to take their trial.

Other Events and Attributes:

• Residence: 1746, Trekenning, St Columb Major, Cornwall, England
• Baptism: Abt 1 Dec 1748, St Buryan, Cornwall, England
• Residence: 1792, Trekenning, St Columb Major, Cornwall, England
• Residence: 1795, Trekenning, St Columb Major, Cornwall, England
• Residence: 1798, Trekenning, St Columb Major, Cornwall, England
• Residence: 1800, Trekenning, St Columb Major, Cornwall, England

Notes:

Francis was a lawyer at St Columb and distinguished for his wit and humour. He wrote a poem ridiculing the Dean of St Buryan which prevented him from obtaining a valuable stewardship.

"Bennets of Tresillian" by R. G. Kerswell:
There was a long-running dispute in the 1810's & 1820's between the two brothers of the Bennet family and their Receiver's Accounts ie of FrancisPaynter, and following his death, of his son Francis Camborne Paynter, made more complicated by the fact that F.C married one of their sister's Elizabeth Bennet. Neither of the Paynters and their firm are thought of in a very good light.

"Parochial History of the County of Cornwall", 1876.
Boskenna is the property, and was for some time, the residence of the Paynter family. There is a tradition of its having been purchased of one whose family had long possessed it, but who had ultimately become the huntsman of a pack of hounds kept originally as his own.
Mr Francis Paynter of Boskenna, was distinguished for his wit and humour. He was either the sole or joint author of a poem ridiculing the then dean of Buryan, called "The Consultation". He practised as a lawyer at St Columb, and married Miss Pender of Penzance, by whom he had several sons.The exercise of wit is seldom associated with pecuniary gain; and Mr Paynter has been heard to declare that "The Consultation" prevented his obtaining available stewardship from the family of which the dean was a member.
Boskenna is now held of the Paynters by Charles Dacres Bevan, the judge of the district county court, who has considerably improved and beautified it.

ROYAL CORNWALL GAZETTE, 2 August 1817
TO HIS ROYAL HIGHNESS The Prince of Wales, REGENT Of the United Kingdoms of Great Britain & Ireland. We, the undersigned NOBLEMEN, GENTLEMEN. CLERGY, FREEHOLDERS, and other INHABITANTS of the COUNTY of CORNWALL, feel it to be our Duty to repeat to your ROYAL HIGHNESS the assurances of our loyal and unalterable Attachment; and to express our Indignation at, and Abhorrence of, the late treasonable Attack upon the Sacred Person of your Royal Highness. As faithful Subjects, strongly attached to our PRINCE ; as Englishmen, proud in the possession of a glorious CONSTITUTION: we are as eager to shield the one from Insult and Violence, as we are to protect the other from Innovation or Subversion. At the present momentous Crisis of Public Affairs, we feel ourselves imperiously railed upon by what we owe to our Country, and our Prince, to enter a solemn Protest against the whole Tenor and Substance of an address purporting to be an Address of the “Gentry, Clergy, Freeholders, and other Inhabitants of the County of Cornwall," which appears by the Public Prints to have been resolved upon at a Meeting held at Bodmin, on the eleventh day of March last, by the Individuals then and there assembled. We are anxious to repel from ourselves the charge of Discontent and Insubordination, to which the spirit of its language must necessarily expose us; and to condemn as groundless and absurd, and to disavow with warmth, that wild and feverish sentiment which declares the temporary and short Suspension of the Habeas Corpus Act, to be "a part of a Systematic Conspiracy to overthrow the existing Laws and Constitution, and to establish in their stead, and on their ruins, a despotic and military Government." We have witnessed with sorrow, and contemplated with alarm, a spirit of Disaffection and Treason, pervading many parts of the British Empire, owing its birth to the temporary difficulties and distresses which have oppressed the Agriculture, Manufactures, and Commerce of the Kingdom, and its growth and dissemination, to the artful efforts of designing Traitors, deluded Patriots, and mistaken Reformers. We regard the unanimous Testimony of the Committees of the Lords and Commons as to the existence of these traitorous Conspiracies, as affording to us more than an adequate Proof of their reality, which has been but too well con- firmed by the rash attempts of the Conspirators themselves. Relying, as we do, on the Wisdom and Integrity of the Parliament of this happily united Kingdom, we can neither question the policy, or doubt the necessity, of those measures, which in full and solemn Council, it has thought expedient to adopt ; and which, by a temporary suspension of a part, is intended to ensure the permanent Security of the whole of that fundamental System of Laws, which has so long blessed this happy Land with prosperity, its Government with stability, and its Individuals with a full measure of rational liberty.
Names and Residence.
Francis Paynter, St Columb Major
John P. Paynter, R.N., St Columb Major
Charles H. Paynter, St Columb Major
William Mounsteven, Surgeon, St Columb Major

Will, 9 July 1819.
Francis’ will requests that he be buried “as near as conveniently may be to the remains of my late beloved wife.” Margaret had died only the year before. He asked that his funeral “be private and conducted with as little expense as common decency will admit of.”
Francis states that he has already made liberal provision for his son Francis Camborne Paynter, with which “he has declared himself fully satisfied.” He was to be given a further sum of twenty guineas as a mark of his father’s “affection and regard.” Also to his wife Elizabeth, five guineas, and two guineas for his grandson Edward* “to be laid out in some article of remembrance.”
Francis states that he has spent two thousand pounds on his son Charles Henry Paynter, plus an annual sum of two hundred and fifty pounds for his personal expenses. Francis says that “I cannot consistently with the justice and duty which I owe to my other children, increase his fortune to a further extent.” However, Charles is to be given two hundred pounds by his executor within six months of his decease, but without interest. His wife Fanny is to be given “five guineas as a mark of my regard and affection.”

To his sons John Pender Paynter and Thomas Francis Paynter, he leaves all his shares in Whele Vor [normally spelt Wheal, meaning Mine] in the parish of Breage and near Helston, and also one near Redruth, and another at Polgooth near St Austle [(normally spelt Austell]. After his death they would become tenants in common, not joint tenants of these shares.

John Pender Paynter was bequeathed the house where Francis lived, called Trekenning in the parish of St Columb Major. This also included all the fields and enclosures and crofts. John is also left enclosures called Castalot or Creggoes, and the meadow that faces the front of the house Trekenning called the Mill Meadow. Also the remainder of his farm in the Garden Meadow.

Thomas Francis Paynter was left Dunkans Meadow, now divided into two fields and the inclosure called Bolithos Field, now divided into three fields in the parish of Saint Columb. Thomas was also left the dwelling house and garden in Higher Trekenning which was rented out for three pounds thirteen shillings and six pence annually. Thomas was also given an annuity of 50 pounds which was rent paid annually by the Reverend Pomeroy Gilbert on the tithes of the Parish of St Wennin. Thomas was also given the benefits of an insurance policy from the Westminster Office for Insurance of Lives and Survivorship. Lastly he was to be paid by the executor two hundred pounds within one year of he father’s death.

All the goods, chattels etc. were bequeathed to John Pender Paynter.

*Edward died in June 1821 at age 4.

Event Memos from GEDCOM Import...

*New [WILL]
Extracts from his will:
Last will and testament of Francis Paynter of Trekenning.
"See that my body be interred in the Churchyard of St Columb Major as near as conveniently to the remains of my late beloved wife and that myfuneralmay be private and conducted with as little expense as possible.
Also whereas I have already made a liberal provision for my son Francis Camborne Paynter with which he has declared himself fully satisfied, Ionlygive him now in addition thereto the further sum of Twenty Guineas as an unequal mark of my affection and regard, also to his wife Elizabeth,FiveGuineas, and Two Guineas to be laid out in some little article of remembrance for their child Edward, my grandson.
And whereas I have laid out and expended to the use of my son Charles Henry Paynter the full sum of Two Thousand Pounds over and above the annualsumof Two Hundred and Fifty Pounds allowed yearly for his own personal expenses, I cannot consistently with the justice and duty which I owe to myother children, increase his fortune to a further extent. I therefore bequeath to him the sum of Two Hundred Pounds to be paid to him by my Executorwithin six months after my decease but without interest, and I give to Fanny his wife Five Guineas as a mark of my regard and affection.
Also to my sons John Pender Paynter and Thomas Francis Paynter, I give, devise and bequeath all my Tin Bounds and parts and shares of Tin Bounds inWheal Vor in the Parish of Breage and near Helston. Also all those Tin Bounds and parts and shares of Tin Bounds in or near Redruth. And alsoallthose Tin Bounds and parts and shares of Tin Boundsin the description of Polgooth Bounds in or near St Austell or wheresoever the same or anyother Tin Bounds to which I am entitled are situate in the County of Cornwall.
It is my intention that the same shall on my decease ascend to and become the property of my said sons John Pender Paynter and Thomas FrancisPaynterto hold to them their heirs, executors, administrators and assigns according to the custom of the Stannaries of Cornwall as tenants incommon and notas joint tenants.
Also I give and bequeath to my son John Pender Paynter all that my messuage or dwelling house wherein I reside at Trekenning in the Parish of StColumb Major which I purchased of John Oliver Wellyams, Esq. deceased. To hold to him the said John Pender Paynter to his heirs and assigns for evertogether with all and singular the Fields and Inclosures which I now occupy. Also all those Crofts and Inclosures part of the said Tenement ofTrekenning which is now in the occupation of George Lovering of the Town of Saint Columb Majjor, victualler..
Also I give, devise and bequeath to my son John Pender Paynter the moiety of all those Inclosures called Castalot, otherwise the Creggoes and thewayDown which I purchased from Sir John St Aubyn, Baronet, for the remainder of a certain term of Five Hundred Years together also with alltheleasehold Interest for lives which I now have of and in the moiety of the same and I give and bequeath to John Pender Paynter all that Meadowfacingthe front of my house at Trekenning and commonly called the Mill Meadow, together with the remainder of my farm in the Garden Meadow both ofwhich Ihold of Richard Rouse, Esq., by virtue of two leases, the first for the remainder of a term of Ninety Nine Years determinable on lives andthe cashfor a Rack lease.
Also I give to my son Thomas Francis Paynter his executors, administrators and assigns all that moiety of the same. Also I give and bequeathtoThomas Francis Paynter all the remainder of my interest of and in the Dwelling House and Garden in Higher Trekenning now occupied by WilliamClemew at the yearly rent of Three Pounds Thirteen Shillings and Sixpence.
Also I give to my said son Thomas Francis Paynter one annuity or yearly Rentcharge of Fifty Pounds charged by the Rev John Pomeroy Gilbert ontheTithes of the Parish of St Wennin and issuing out of the same Tithes during the life time of him the said John Pomeroy Gilbert.
Also I give to my son Thomas Francis Paynter a certain Policy of Insurance under the Hands and Seals of three of the directors of the society ofWestminster Office for Insurance of Lives and Survivorship together with all benefit and advantage whatsoever arising out of the same and inadditionI give him the sum of Two Hundred Pounds to be paid out of my effects by my within one year after my decease.
Lastly all my other goods, chattels, rights, credits and effects not herein before given, devised or bequeathed, I give, devise and bequeath to myson John Pender Paynter whom I nominate as my sole Executor.", Will

Francis married Margaret PENDER on 7 Jun 1784 in Madron, Cornwall, England. Margaret (daughter of John PENDER and Jenny HARVEY) was born about 1761 in Penzance, Cornwall, England; died on 15 Apr 1818 in Trekenning, St Columb Major, Cornwall, England; was buried on 22 Apr 1818 in St Columb Major, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 29 Jun 1761, Penzance, Cornwall, England

Other Events and Attributes:

• Baptism: 20 Nov 1763, St Columb Major, Cornwall, England
• Residence: 1783, St Columb Major, Cornwall, England
• Residence: 20 Mar 1787, St Columb Major, Cornwall, England

Notes:

John married Elizabeth BATEMAN on 29 Jul 1789 in St Columb Major, Cornwall, England. Elizabeth (daughter of Robert BATEMAN and Elizabeth HAMLEY) was born about 1766 in St Columb Major, Cornwall, England; died on 12 Apr 1818 in St Columb Major, Cornwall, England; was buried on 18 Apr 1818 in St Columb Major, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 2 Jun 1766, St Columb Major, Cornwall, England

Notes:

No. 2 -6 June 1789 mentions:
Will of Robert. He left everything to his wife Elizabeth and his two daughters in trust until they turned 21, which they have now attained.
There is an inventory of the assets with sums of money:
Properties mentioned:
Manor of Carnanton in Tregurrian in Mawgan in Pider [Pyder]. [Carnanton is the seat of James Williams, Esq.]
Kestle in parish of Lower St Columb, held under lease from Lord Arundell.
Bonds listed:
1. 600 pounds - Henry Marne of St Columb Major, gentleman, to Robert Bateman, 12 July 1771.
2. 250 pounds - Richard Musgrave of Borough of Liskeard, mercer and grocer, and Gregory Gurney of St Merryn, clerk, to Robert Bateman, 27 March 1775.
3. 700 pounds - bond and mortgage of an estate in St Merryn called Tresallyn to Gregory Gurney and the two trustees, 10 January 1778.
4. 200 pounds - bond and mortgage of an estate in St Columb Major called Killivoran from Richard Rowse of St Columb Major to Robert Bateman, 12 June 1773.
5. 100 pounds from Thomas Prater of St Columb Major, gentleman, to the two trustees, 20 April 1787.
6. 100 pounds from Thomas Prater of St Columb Major, gentleman, to the two trustees, 4 June 1789.
7. 250 pounds now lying in the hands of the two trustees.
8. 300 pounds now lying in the hands of the two trustees to the proprietors of the Old Blowing House, under the firm of Sawle Fox and Company at St Austell.
9. 300 pounds lent at interest by the two trustees to the Trustees of the Truro Turnpike road.
10. 80 pounds from Henry Roberts of Mawgan to Robert Bateman, 1 February 1773.
11. Plate, china and household furniture now in the possession of Elizabeth Bateman, Widow.
12. 100 pounds lent at interest to the Trustees of the Lostwithiel Turnpike road in the name of Elizabeth Bateman, Widow.

Signed by Frances Bateman, Elizabeth Bateman jnr. and the two trustees.

Other Events and Attributes:

• Baptism: Abt 21 Apr 1715, St Buryan, Cornwall, England

Notes:

Francis became Registrar of Court of Peculiar, St Buryan in 1744.

He inherited Boskenna but wasted much of the family fortune. It is said that he threatened John Wesley with a whip when he was preaching at StBuryanin 1766.
"Boskenna and the Paynters" page 21-22.
"The Wesleys in Cornwall" page 15 and 146.
'Methodism in St Buryan" introduction and page 3 below:-
Extract from John Wesley's diary, Saturday September 6th, 1766:
"At eight I preached at Mousehole, a large village south-west from Newlyn. Thence I went to Buryan church, and, as soon as the service wasended,preached near the churchyard to a numerous congregation. Just after I saw a gentleman before me, shaking his whip and vehemently striving tosaysomething. But he was abundantly too warm to say anything intelligibly; so, after walking a while to and fro, he wisely took a horse and rodeaway."

Francis married Mary GULLY about 1739. Mary (daughter of Samuel GULLY and Mary BATTIN) was born about 1719 in Tresillian, Newlyn East, Cornwall, England; died in Jan 1782 in Boskenna, St Buryan, Cornwall, England; was buried on 10 Jan 1782 in St Buryan, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: Abt 17 Feb 1719, Newlyn East, Cornwall, England

Other Events and Attributes:

• Baptism: Abt 20 Jan 1733, Madron, Cornwall, England

John married Jenny HARVEY on 7 Jul 1760 in Madron, Cornwall, England. Jenny (daughter of John HARVEY and Alice UNKNOWN) was born before 26 Mar 1738 in St Buryan, Cornwall, England; died after 1767. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: Abt 26 Mar 1738, St Buryan, Cornwall, England

John married Mary UNKNOWN before 1760. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 20 Jul 1700, Derby, Derbyshire, England

Notes:

No. 2 -6 June 1789 mentions:
Will of Robert. He left everything to his wife Elizabeth and his two daughters in trust until they turned 21, which they have now attained.
There is an inventory of the assets with sums of money:
Properties mentioned:
Manor of Carnanton in Tregurrian in Mawgan in Pider [Pyder]. [Carnanton is the seat of James Williams, Esq.]
Kestle in parish of Lower St Columb, held under lease from Lord Arundell.
Bonds listed:
1. 600 pounds - Henry Marne of St Columb Major, gentleman, to Robert Bateman, 12 July 1771.
2. 250 pounds - Richard Musgrave of Borough of Liskeard, mercer and grocer, and Gregory Gurney of St Merryn, clerk, to Robert Bateman, 27 March 1775.
3. 700 pounds - bond and mortgage of an estate in St Merryn called Tresallyn to Gregory Gurney and the two trustees, 10 January 1778.
4. 200 pounds - bond and mortgage of an estate in St Columb Major called Killivoran from Richard Rowse of St Columb Major to Robert Bateman, 12 June 1773.
5. 100 pounds from Thomas Prater of St Columb Major, gentleman, to the two trustees, 20 April 1787.
6. 100 pounds from Thomas Prater of St Columb Major, gentleman, to the two trustees, 4 June 1789.
7. 250 pounds now lying in the hands of the two trustees.
8. 300 pounds now lying in the hands of the two trustees to the proprietors of the Old Blowing House, under the firm of Sawle Fox and Company at St Austell.
9. 300 pounds lent at interest by the two trustees to the Trustees of the Truro Turnpike road.
10. 80 pounds from Henry Roberts of Mawgan to Robert Bateman, 1 February 1773.
11. Plate, china and household furniture now in the possession of Elizabeth Bateman, Widow.
12. 100 pounds lent at interest to the Trustees of the Lostwithiel Turnpike road in the name of Elizabeth Bateman, Widow.
Signed by Frances Bateman, Elizabeth Bateman jnr. and the two trustees.

Robert married Elizabeth HAMLEY on 8 Aug 1761 in St Columb Major, Cornwall, England. Elizabeth (daughter of Giles HAMLEY and Grace HOBLYN) was born about 1736 in St Columb Major, Cornwall, England; died in Jul 1800 in St Columb Major, Cornwall, England; was buried on 4 Jul 1800 in St Columb Major, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 6 May 1736, St Columb Major, Cornwall, England

Notes:

No. 2 -6 June 1789 mentions:
Will of Robert. He left everything to his wife Elizabeth and his two daughters in trust until they turned 21, which they have now attained.
There is an inventory of the assets with sums of money:
Properties mentioned:
Manor of Carnanton in Tregurrian in Mawgan in Pider [Pyder]. [Carnanton is the seat of James Williams, Esq.]
Kestle in parish of Lower St Columb, held under lease from Lord Arundell.
Bonds listed:
1. 600 pounds - Henry Marne of St Columb Major, gentleman, to Robert Bateman, 12 July 1771.
2. 250 pounds - Richard Musgrave of Borough of Liskeard, mercer and grocer, and Gregory Gurney of St Merryn, clerk, to Robert Bateman, 27 March 1775.
3. 700 pounds - bond and mortgage of an estate in St Merryn called Tresallyn to Gregory Gurney and the two trustees, 10 January 1778.
4. 200 pounds - bond and mortgage of an estate in St Columb Major called Killivoran from Richard Rowse of St Columb Major to Robert Bateman, 12 June 1773.
5. 100 pounds from Thomas Prater of St Columb Major, gentleman, to the two trustees, 20 April 1787.
6. 100 pounds from Thomas Prater of St Columb Major, gentleman, to the two trustees, 4 June 1789.
7. 250 pounds now lying in the hands of the two trustees.
8. 300 pounds now lying in the hands of the two trustees to the proprietors of the Old Blowing House, under the firm of Sawle Fox and Company at St Austell.
9. 300 pounds lent at interest by the two trustees to the Trustees of the Truro Turnpike road.
10. 80 pounds from Henry Roberts of Mawgan to Robert Bateman, 1 February 1773.
11. Plate, china and household furniture now in the possession of Elizabeth Bateman, Widow.
12. 100 pounds lent at interest to the Trustees of the Lostwithiel Turnpike road in the name of Elizabeth Bateman, Widow.

Signed by Frances Bateman, Elizabeth Bateman jnr. and the two trustees.