| Notes |
- JOURNAL OF JOSEPH CLOWES written on board “Achilles” and in Port Phillip,
July 1846 – 1848. Copy of journal in State Library of Victoria. MS 10759.
Barque Achilles, 388 tons. Master [Captain] Burrell. Cargo Sundries*.
Sailed from London 26 July 1846 [incorrect, diary recorded 20 July].
Arrived Port Phillip 21 November 1846.
Passengers:
Mr & Mrs Dwyer
Mr & Miss Clowes**
Mr Paynter?1
* Cargo included supplies ordered by various settlers in Port Phillip, including 16 hogsheads ale, 800 bags salt, 4 sheets lead, 45 packages, 300 planks, 600 battens, 100 iron pots, 50 camp ovens.
** Miss Clowes refers to Louisa Tubbs, who was the bride-to-be of Joseph’s brother Thomas. He was chaperoning her from England to Port Phillip.
References to people and places in the diary:
Joseph Clowes’ brothers, Thomas (Tom), Robert (Bob) and Henry had arrived in Port Phillip in 1840, and had taken up two pastoral runs - Woodside and Holcombe. They were adjoining runs, both situated west of Mount Macedon and south of Kyneton. Woodside was on the Coliban River and consisted of 33,6000 acres, capable of grazing 4,000 sheep; Holcombe was on the Loddon River, and larger with 46,000 acres, capable of supporting 7,000 sheep.
Alfred Joyce had arrived in 1843, and was the brother of George Joyce, who had sailed on the same ship as Joseph’s brothers in 1840. Alfred and George also had a pastoral run in the same district as the Clowes brothers.?
Selected entries from Joseph Clowes’ diary:
20th July
Went on board the “Achilles” – Captain Burrell. About 11 o’clock AM. We set sail for Port Phillip. We passed Sheerness and the Isle of Sheppey about 3 PM, having but a light breeze, we sailed only about 7 miles an hour.
25th October
Mr Dwyer abused me and called me a d----d sweep for not understanding him, that I was in the way – very uncomfortable.
November 1st
Mrs Dwyer began her temper.
November 20th
Made Cape Otway in evening.
November 21st
Made Port Phillip Heads about 12 o’clock AM. Came on shore at 4 o’clock and up to Melbourne.
Francis Paynter was not mentioned in Joseph’s diary for the whole voyage, which seems unusual when there were only five passengers on board, and Joseph did mention Mr and Mrs Dwyer and Louisa Tubbs. However, ‘Paynter’ is named many times after they arrive in Port Phillip.
November 26th
Tom and Louisa were married at the Baptist Chapel. Afterward came home and dined. Then Alfred Joyce and Paynter and I started for Mount Macedon, slept at Wright’s, then went through the next day.
November 27th
Got up to Woodside about 6 o’clock. Bob and Henry out after the sheep, but I knew them as soon as I saw them. Had a jovial night. Jenkins, Miles, Paynter, A. Joyce and ourselves did not get to bed till morning.
December 25th
Christmas day – Robert, Henry and Paynter went to Holcombe with the sheep. Tom, Fred and I bathed in the afternoon. Had Plum Pudding and Gin and Water.
December 29th
Robert, Henry and Paynter came from Holcombe. Plum pudding and second Xmas day.
1847
January 8th
Drafting Tom’s sheep, Paynter and Fred came up just as we had dined.
March 29th
Came home with Paynter and Robert’s horse, which had been ill.
March 30th
Paynter brought Robert from Woodside.
April 9th
Robert and Paynter came to Woodside and next morning Robert went to Melbourne and Paynter to Bush Inn. I killed my first sheep alone. [Bush Inn was at Gisborne]
April 10th
Henry came over. Paynter came from Bush Inn.
April 11th
Very wet. Paynter and Henry to Holcombe.
April 12th
Very wet. I had swelled face and toothache.
April 16th
Tooth very bad at night. Tom lanced it for me after supper and then it was alright.
April 18th
Rainy day. Paynter came over in afternoon to see for Robert.
April 19th
Robert went to Holcombe. Two blacks came here the first since we came.
December 13th
Went to Melbourne by myself to Robert’s Wedding.
December 14th
Robert married. We all went to St Kilda then to Paynters, Francis there etc. etc.
December 17th
Home to Woodside.
December 23th
Henry, Mr Paynter and Mr Barber came up from Melbourne.
December 25th
Christmas Day. Shooting, Bathing, etc., pleasant day.
December 26th
Paynter and I to Holcombe to see Rostrom’s Bullock Driver who was stabbed coming home.
December 27th
Barber and Paynter left.
This is the last mention of Paynter in Joseph’s diary. Francis applied to become a solicitor in September 1847, and he immediately started his practice, appearing in court defending the accused often. In all the records of his court appearances as recounted in newspapers, he always appeared for the defendant.
Joseph Clowes had been a Chemist in England, but he worked for his brothers Thomas, Robert and Henry when he first arrived in Port Phillip, as described in his diary above. However, he soon returned to his profession and was appointed the Resident Apothecary at the Melbourne Hospital in 1848. He was then in a hardware business with his brother Robert for a few years, before moving to Castlemaine in October 1856 to again work as a Chemist and Druggist. This meant he would have remained friends with Francis, because he had moved to Castlemaine in 1853, setting up in business there as a Solicitor. In 1866, Joseph took up the position of Resident Clerk at the Melbourne General Cemetery, which he held until his death in 1901.
Melbourne Daily News, 6 September 1849:
Exclusion of an Attorney from the Police Court.— Yesterday morning, upon the case Bransgrove v. Sutton being called on at the Police Court, in which the complainant sought to bind the defendant over to keep the peace, Mr Paynter rose and stated that he appeared on behalf of the complainant. Mr Condell said that he understood a decision had been arrived at by the magistrates on the previous day, by which Mr Paynter had been precluded from practising in that court for a period of six mouths, and they must therefore decline to hear him. The Clerk of the Court here addressed their Worship in so low a tone that we were unable distinctly to hear what he stated, but we believe the purport of his communication was, that the decision of the magistrates on the previous day being merely that of the District Bench, it could have reference only to district cases, and that the present was a town case. Mr Hull, who acted with Mr Condell, said that this was placing them in a most anomalous position, both he and Mr. Condell were district as well as town magistrates, yet, by the decision of the day before, it appeared that they could hear Mr. Paynter in town cases but not in those for the district. Mr. Paynter said that he had received no intimation whatever that he had been prohibited from practicing in that court in any cases; it was true he had received a note from Mr. Cadden but that was not of an official character, and he was not therefore bound to take any notice of it. He was prepared, at any moment, to answer any charge which might be preferred against him, either for impropriety of conduct to wards the magistrates or his clients. Every man had a right to be arraigned when any charge was preferred against him ; as it was he was perfectly ignorant in what he had offended, and unless he were apprised of this, how, he would ask, was he at the termination of the six months for which he was informed by the public prints he had been suspended, to guard against the com-
mission of a similar act to that which had caused his suspension in the present case. Mr. Hull again enquired of Mr. Paynter if he were quite sure that he had received no official intimation of his suspension, to which Mr. Paynter again replied that he had not; he had merely, as he had previously stated, received a communication of an unofficial character from Mr. Cadden, intimating his suspension for six months, but not intimating the slightest reason for this proceeding. Mr. Cadden was de sired to produce a copy of the letter which he had addressed to Mr. Paynter, and on this being handed to the magistrates, they stated that they could not place the same construction upon it that Mr. Paynter had; it was to all intents and purposes an official communication, and to their minds sufficiently pointed out the cause of suspension, which was distinctly stated to be Mr. Paynter's conduct in the summary ejectment case, Robinson v. Sutton, heard before Messrs. Payne and Riddell. After some further discussion the magistrates remarked that at all events, in cases of summary jurisdiction, Mr. Paynter could have no right to appear for the complainant, and they could therefore see no objection to the case which had been called on, being proceeded with, without Mr. Paynter's interference. Mr. John Stephen who appeared on the opposite side, said that he had no desire to throw any obstacles in the complainant's way, and if therefore he wished for a postponement, to enable the magistrates to arrive at some final determination in the matter, he should interpose no objection. It was ultimately arranged by the magistrates, that they would abide the Mayor's ruling in the matter, and the case was con sequently postponed until Monday next as was also the cross cases Sutton v. Bransgrove, and Sutton v Boyes, in which Mr. Paynter had also been retained.
Goulburn Herald and County of Argyle Advertiser (NSW : 1848 - 1859), Saturday 21 September 1850, page 4
OBTAINING GOODS UNDER FALSE PRETENCE. George Darling Hill, was indicted for obtaining a saddle, the property of Patrick Bellow, at Deniliquin, on the 28th February, by means of an order drawn by the said George Darling Hill on F. E. Paynter, of Melbourne, purporting to be of the value of £5, but which in truth and in fact was of no value at all. The prisoner came to the colony as an EXILE. The Crown Prosecutor in stating the case said the prisoner was charged with obtaining goods under a false pretence, the false pretence being the presentation of an order drawn by himself on Mr. Paynter, an attorney, residing in Melbourne, well knowing at the time of drawing the order that he (prisoner) had no funds in the hands of the person on whom it was drawn. The present was not the only instance in which the prisoner had succeeded in procuring goods by this fraudulent means: he had drawn orders by which he had managed to obtain goods to the amount of some hundreds of pounds. In order effectually to carry on his plans he was in the habit of producing what purported to be a receipt, signed by Mr. Paynter, for a considerable sum of money which he held belonging to the prisoner. The forged document ran as follows-Little Collins-street, Feb. 4, 1850. This is to certify, that I, F. E. Paynter, have received the sum of £873 14s. 3d,, from England, in pursuance of the will of the late Mary Cawalgar, of Chester. F. E. PAYNTER,
The prisoner having prepared this paper he used to shew it to persons for the purpose of proving that he had authority to draw on Mr. Paynter. The prisoner had selected that gentleman not only because he lived in a distant part of the colony, but because he had had dealings with him professionally. To Mr. Paynter he had represented himself as a Pentonvillan. When the prisoner was in Goulburn Jail he was desirous of procuring the professional services of Mr. Walsh; and he (the Crown Prosecutor) considered it his duty to lay before the jury the deeply planned scheme of the prisoner to commit a fraud on that gentleman. A person named Laffin, also committed by the Moulamein Bench, was in jail at the same time as prisoner, and on his being enlarged was entrusted by Hill to take a letter to Moulamein to be there posted. This letter purported to be written by Mr. Graham the Post-master of that town, and was addressed to Mr. Hamilton Walsh of Goulburn: it requested that gentleman to defend " his friend, George Darling Hill," and that he (Graham) would be answerable for the expenses. In a postscript he requested Mr. Walsh to tell Hill that his (Hill's) business was flourishing. This letter was enclosed by Laffin in another addressed to constable Halliday at Moulamein, in which the writer stated that George Darling Hill had entered actions against Carne and Brougham. and that every one said he was a youth of great promise. [Owing to the noise in Court our reporter was unable to hear the whole contents of this letter, but there was some allusion made in it to what the writer stated was the opinion of the GOULBURN HERALD on the literary productions of the prisoner; we suppose it is scarcely necessary to state that that part of the letter is like the rest a fabrication of the writer's.] He (the Crown Prosecutor) considered it right to state that this letter never came into the hands of Mr. Walsh: it was intercepted and placed in the hands of the law officers of the Crown. After a few more observations the learned gentleman called Mr. Patrick Bellew, who deposed that he resided on the Edwards River, about 60 miles from Moulamein. The prisoner, whom he had known for about eighteen months, was lately in the employ of Messrs. Phillips and Greaves,. settlers, resident in the same neighbourhood. On the 28th of last February witness sold a saddle to prisoner, in payment for which prisoner drew an order in witness' presence for £5, on Mr. Paynter, solicitor, of Melbourne. Prisoner had stated to witness that he had funds in Mr. Paynter's hands to the amount of £800. Witness subsequently came in possession of two other orders drawn by prisoner in favor of Mr. Carne: one was for £20, the other for £26 9s. Prisoner told wit ness they were all right, and that he would get cash for them as soon as they (witness and prisoner) went to Melbourne. Witness rode into Melbourne with' prisoner, and on the road, near the Rocky Water hole, prisoner gave witness a document, purporting to be an acknowledgment by Mr. Paynter that he was in possession of funds belonging to prisoner to the amount of £873 14s. 3d. [the document referred to by the Crown Prosecutor]. The order was presented to Mr. Paynter's cousin at Melbourne, when witness was informed that there were no funds belonging to prisoner in Mr. Paynter's hands, nor had there ever been any. Witness endeavoured to see prisoner on the following morning but found he had left Melbourne on his return to Moulamein. Prisoner was subsequently apprehended and committed to take his trial by Messrs. Carne and Brougham. Witness saw the saddle which he sold prisoner in his (prisoner's) possession at the lock-up at Moulamein, but had understood that permission had been given to him by the Chief Constable to dispose of it on his way down to Goulburn Jail. The witness was cross-examined by the prisoner but the questions were confined to points immaterial to the issue. Mr. J. E. Paynter [sic] deposed that he was a solicitor practising his profession in Melbourne. Recollected having seen prisoner on two occasions; the first was in the beginning of 1848: at that time prisoner re quested him to write about some property in England, which he had assigned to his brother before his conviction under the new rules (those which impose an imprisonment in Pentonville previous to deportation to this country). Witness at first consented, but upon reflection took no steps in the matter. Prisoner stated that his brother's name was Phillip Darling Hill, and that he resided in Shropshire. Witness saw prisoner again at the end of 1848. Recollected seeing several orders drawn on him (witness) by one George Darling Hill: first began to receive them in February of the present year most of the orders were presented during witness' absence from Melbourne, they amounted in all to about £5 or £600. The letter produced, was received at witness' office in February, but did not see it until the following month. Prisoner has not nor ever had any funds in witness' hands, nor had wit ness given him any permission to draw on him. (One of the paragraphs of the letter alluded to, dated 27th February, was to the following effect:-"Pardon me if I have done wrong; I have made an excellent purchase and have been compelled to draw on you, but hope to be in town in time to put you in funds.") Mr. John Graham, Post-master, at Moulamein, deposed : that the letters produced (the one ad dressed to Mr. Walsh, and the other to Thomas Halliday) were in the handwriting of the prisoner. The letter addressed to Mr. Walsh, and purporting to be written by Thomas Graham, was not written by witness ; when it arrived at the Post Office at Moulamoin, it was enclosed in that addressed to Halliday; it arrived on the 18th July, and if posted again would have arrived in Goulburn about the 24th of the same month. [The prisoner was to have been tried at the last Circuit Court] The witness also identified the hand-writing of the letter to Mr. Paynter, as being that of the prisoner. Mr. Foster, the jailer, was then put into the box, he proved that Laffin was discharged from jail on the 20th June, but could not say when the last Circuit Court was held. Mr. McAlister was then called and stated that the court was opened on the 5th August. The prisoner said in defence that Mr. Paynter had paid several orders of his, and could have proved had his witnesses been in attendance, that he had corresponded with that gentleman for a considerable time. The Jury without leaving the box returned a verdict of guilty. OBTAINING GOODS UNDER A FALSE PRETENCE. George Darling Hill, was again arraigned on an information which charged him with obtaining four pairs of blankets and one yard of drugget, the goods and chattels of Joseph William Carne, by means of a fictitious order drawn by the said G. D. Hill, on Mr. Paynter, of Melbourne, for the sum of £8 6s. 0d. Mr. Carne proved the sale of the goods to the prisoner. In defence, the prisoner endeavoured to make it appear that there had been no delivery of them, but the evidence of the prosecuting witness was perfectly conclusive on that point. The prisoner said very little in his defence. He was found guilty, and sentenced to be worked on the roads or other public works of the colony for a period of five years. [So much for the reformed Pentonvillan.]
Mount Alexander Mail , 28 Feb 1881.
Items of News:
We deeply regret having to record the death of Mr Francis Paynter, solicitor, at his residence in Templeton-street, on Saturday morning between thehours of four and five. This event was not unlooked for by his friends, who observed that his tenure of life was likely to be of short duration. Forthe last twelve months, since he had an attack of jaundice, he has been frequently unwell, and as health became fitful he gradually weakened.Recently he had been confined, but on Tuesday last he attended the Police Court, and it was then observed by a medical man, "Mr Paynter will not bealive in a week hence." His last hours were passed tranquilly, and about half an hour before the vital spark fled he drank a cup of tea. None of hiswife's relatives appear to have been apprised of his dangerous condition, so they were not with him, but an attendant and several friends waited byhis bedside while his life remained, and saw that he wanted for no comfort that could be procured. Mr Randall waited with him all night and Mr andMrs Sharpe were also assiduous in their attentions.
Mr Paynter was an old colonist, having arrived in 1848 [sic]. Shortly after the discovery of gold he came to Castlemaine where he remainedpermanently. In the early days money flowed in upon him rapidly and as quickly as it came he launched out in speculations, daring, yet wellconceived, but having left them to their own creative vitality, they entailed loss not profit.
He built the Victoria Hotel in Urquhart St and the Albert Hotel in Forest St, yet even these treasure-piling houses were to him losses.
Out of respect to his memory the Borough flag was hoisted half-mast over the market on Saturday. He was the Borough solicitor, had been acouncillor, and mayor, and had taken an active part in elections and in public matters.
He will be remembered as an acute, clever and sound lawyer, who conducted his cases with great skill, and bringing into the strongest light everypoint in favour of his client.
Mr Willan, who was his executor, arrived on Saturday at 7 o'clock, and it being the wish of the deceased to be buried privately, the funeral tookplace yesterday morning at 7 o'clock. A mourning coach and twelve vehicles followed his remains to the cemetery, where the funeral service was readby the Rev E. Crawford.
Mr Paynter, who was about 60 years of age, was a native of St Columb, Cornwall, where his father, also a solicitor, did a large county practice, andthe business is still conducted there under the appellation of Paynter & Whitford.
Mount Alexander Mail, 28 February 1881:
At a oommittee meeting of Pioneers and Old Residents held on Friday evening, no fewer than 31 new members were enrolled, which brings up the totalto 107. When the death of Mr Paynter, a foundation member, became known, the chairman of the association wished to notify when the funeral wouldtake place, so that the pioneers might attend it, but there was no opportunity for doing this, nor would it have been in accord with the desire ofthe deceased, if it could have been done, seeing he wished no funereal pageant to follow his remains.
Ballarat Star, 28 February 1881:
We regret to hear of the death at Castlemaine of Mr. Frank E. Paynter, solicitor, cousin to Mr. J. B. Paynter, solicitor, of this town. Mr. Paynterwas found dead in his bed on Saturday morning, at 4 a.m. His health had been failing for some time. He was one of the shrewdest attorneys inVictoria, and being a popular favourite, had an extensive practice in Castlemaine and the districts within a radius of many miles. His demise willbe sincerely regretted by many friends.
The Australasian, 5 March and also in The Australasian Sketcher, 21 March 1881:
THE sudden death of Mr. F. E. Paynter, solicitor, a week ago at Castlemaine caused a sensation in the town. It was not generally known except tointimate friends that any danger was apprehended although he had been ailing for some time. He was a very old colonist, having arrived in 1846. Hepractised at first in Melbourne, but came to Castlemaine in 1851. He was one of the earliest arrivals on this goldfield, and continued to follow hisprofession until his death. He was well known in the courts of Castlemaine and surrounding districts as an able lawyer, and amongst his friends andclients as a liberal-hearted and benevolent man.
Royal Cornwall Gazette carried this notice on April 22, 1881:
Notice of death - at Castlemaine, Australia, February 26th, Francis Edward Paynter, solicitor, only surviving son of the late Francis CambornePaynter, solicitor, of St Columb, in his 59th year.
Note
"Cousin Jack, Man For All Times" Ruth Hopkins:
Lawyer, F.E. "Little" Paynter was another to take up the diggers' cause early and was also the borough solicitor and a town councillor and Mayor.
Cornish lawyers, although not numerous, did practice in the State.
Of Francis E. "Little" Paynter, as he was known, at Castlemaine, Ray Bradfield has said in his book "Castlemaine, a Golden Harvest", that he wasdark with a cunning twinkle in his eye, which combined with his nickname of "Little" would seem to indicate the general accepted appearance of aCornishman.
Early in the piece he hung out a sign which read "I did not come here to dig for gold, but to see that every digger on this field gets justice".Paynter arrived in Australia prior to the goldrushes in 1848 and was on the Mount Alexander goldfields soon after the announcements of the golddiscoveries.
A member of the first Council in Castlemaine, he also served as Mayor and was the Castlemaine Council solicitor.
Following his death, the Borough of Castlemaine flew the flag at half mast. His obituary notes that "he was an acute, clever and sound lawyer". His father was formerly in the same occupation at St Columb, under the title of Paynter & Whitford.
Francis is mentioned in several books on Castlemaine:
"Castlemaine District Association of Pioneers and Old Residents Souvenir Jubilee Booklet, 1880-1930"
During the first year of the Association's existence two of its members died, Mr F E Paynter and Dr Hutchinson.
"Castlemaine, from Camp to City, 1835-1900" by Geoff Hocking
1852 - the first practicing solicitor arrives on the field [Mount Alexander]. Mr F E Paynter, who pitches his tent near Red Hill at Chewton, announces that he has not come to Forest Creek to crush quartz "but to crush tyranny and injustice".
"Mt. Alexander District Directory of Old Settlers and Residents, 1837-1856"
Paynter was the first solicitor to arrive on the Mt Alexander Goldfield. He sailed to Australia on the "Lancet" in 1851 [incorrect], and was situated at Mostyn St, Castlemaine by 1854. His first premise was a tent on Red Hill, Chewton. Paynter was a householder according to the List ofElectors of the electoral district of Castlemaine for 1855. He was a founding member of the Castlemaine Pioneers and Old Residents Association, which was established in 1880. In the 1860's he was listed as being a solicitor in Hargrave St, and in the 1870's was listed as a solicitor of Lyttleton St, Castlemaine.
"Castlemaine, a Golden Harvest" by Raymond Bradfield
On the corner of Lyttleton and Frederick Streets, the first lawyer set up his office in a tent. His calico sign read "I did not come here to dig for gold, but to see that every digger on this field gets justice". Mr (later Councillor) Paynter was short in stature and inclined to be stout, and was known as "Little Paynter", or again, "the Diggers' Lawyer". He commanded respect, being a noted amateur boxing champion. As can be imagined, many a fine tale was told of him. Certainly he was an able and valuable member of that first Council. He was described as "dark, with a cunning twinkle inhis eye, and a shaven chin .... A clever solicitor, a fine criminal lawyer, a friend indeed for those in trouble".
"Early Castlemaine: A Glance at the Stirring Fifties - the Municipal Council, 1851-1863" by Frank McKillop, 1908. Edited by Geoff Hocking in 1997.
My Paynter Arrives.
The month of July [1852] saw the arrival on the field of the first practising solicitor in the person of Mr F.E. Paynter, whom we will meet somewhat frequently as we travel along. For the first few months his tent was pitched near Red Hill at Chewton, and he intimated that he had not come toForest Creek to crush quartz but to crush tyranny and injustice.
"Early Castlemaine: A Glance at the Stirring Fifties - the Municipal Council" by Frank McKillop, 1908. Part 32 - 1855.
Mr Paynter was a solicitor and a clever one. "Cute" better than "great" is the word to apply to him. He was a short man with an inclination to stoutness; dark with shaven chin and a cunning twinkle in his eyes. He was a fine criminal lawyer and had a large practice, for those in trouble lost no time in waiting on "little Paynter". He holds the distinction of being the first solicitor on this field, and remained here until his death in the late seventies. In public life he was fairly clever but dilatory, still he left his mark in the history of the town. He was an inveterate bettor, and fond of every description of sport; he would walk to Melbourne to see a prize fight, and would pawn his hat to raise money to bet with; he would bet on anything; and was a good winner and loser. Whether in or out of the Council, Messrs Hitchcock and Paynter, who commanded opposing factions, exercised a powerful influence on its decisions in the first years of its existence. The "Mail" supported the Paynter party, and theMiner's Right" the Hitchcock party.
"Early Castlemaine: A Glance at the Stirring Fifties - the Municipal Council" by Frank McKillop, 1909. Part 113 - 1861.
This is a story about Mr Paynter and his involvement in a prize fight held locally.
Age, 15th June, 2002:
"King Harry of Castlemaine".
An article on the old bank building in Clunes had the following information:
A canvas city mushroomed and attracted a practising solicitor, F. E. Paynter, who, according to historian Geoff Hocking, pitched his tent at Chewton in 1852 and announced that he had not come to crush quartz "but crush tyranny and injustice".
Paynter was the founding member of the firm that, after a number of name changes, was to become H. S. W. Lawson & Co. When Lawson's merged withLovell, Longslow & Son in 1985, the firm acquired the old bank building at 157 Barker Street. It is still home to that firm, one of the longest continually practising law firms in Australia.
Information sheet at Castlemaine Historical Society:
Francis Edward Paynter.
Born St Columb, Cornwall in 1822, Francis arrived in Melbourne c 1847, being added to the list of solicitors of the Supreme Court on 29 September1847. He had arrived on the Mount Alexander goldfields by 18 June 1852 when he deposited gold for escort to Melbourne. One shipment of gold was forwarded to John Bateman Paynter at Melbourne, a law clerk to F. E. Paynter, and later a solicitor at Buninyong.
Francis became active in both business and community affairs. Elevated to the Castlemaine Municipal Council, he was Council Chairman in 1858. He was the Borough solicitor for a number of years and also a foundation member of the Pioneers and Old Residents Association.
The legal firm was conducted for some time under the name of Paynter and Willan, and also in partnership with George King as the firm Paynter, King& Co.
He married Caroline Colliver at St Peter's Melbourne in 1851. Following his death on 26 February 1881, the Borough flag flew at half mast. His estate, valued at 355 pounds, was left to his sister, Margaret Lemon, wife of Rev. Lemon of Somerset. His executor was C. P. Willan. The business atCastlemaine was sold for 150 pounds, probably to George Merrifield who moved into Paynter's office later that year.
Uhl Index has the following entry:
Paynter, John Bateman.
Gentleman.
'When in town resided at house of cousin Francis Edward Paynter in Little Collins Street."
The Uhl Index is an index to criminal trial briefs but there are no other details, other than John would have been a witness in a court case.
Francis bought land from his cousin John Bateman Paynter for 200 pounds. The land was in Baxter St, Castlemaine, Allotment 4, Section 2.
Over the years, he sold a lot of land in Castlemaine, Elphinstone, Harcourt and Muckleford. Some of the blocks of land had hotels on them - Victoria and Albert Hotels in Castlemaine and the Muckleford Hotel.
Francis sold a piece of land for ten pounds to John Roden. It was Allotment 20, Section 18 in the town of Melbourne
Francis bought land at auction in Elphinstone, Parish of Talbot. Sale Lots 22 & 28 & 68 & 77 for Sections/Allotments 2/2, 2/8 & 4/8, 4/17 (Elphinstone is about 11 km west of Castlemaine).
He was a resident in Castlemaine.
Francis bought land at auction in Castlemaine Town. Sale Lots 17 and 16 for Sections/Allotments 1/11 and 2/4. He was a resident in Castlemaine.
Francis bought land at auction in Castlemaine Town. Sale Lots 152, 153, 160, 161 and 197 for Sections/Allotments 15/8, 15/9, 15/16, 15/17 & 19/13.
He was a resident in Castlemaine.
An advertisement in the Daylesford Mercury:
Francis Edw. Paynter
Attorney, Solicitor, Conveyancer
and Proctor
Duke Street
Behind Lavezzolo's Hotel
Money to lend on freehold securities, at from £10 per cent
Several allotments of land in the Township on Sale
Further particulars enquire as above.
Returns Furnished by the Sherriff - return of money received at Her Majesty's Gaol, Melbourne, on account of prisoners convicted at the SupremeCourt, Melbourne, during the years 1850, 1851 and 1852.
When Received: 18th June 1850.
Name: John Martin.
Money: 1 pound 6s. 6p.
How Disposed of: To Mr. Painter, solicitor.
Returns Furnished by the Sherriff - return of money received at Her Majesty's Gaol, Melbourne, on account of prisoners convicted at the SupremeCourt, Melbourne, during the years 1850, 1851 and 1852.
When Received: 24 Mar 1852.
Name: Charles Smith.
Money: 1 pound.
How Disposed of: To Mr. Paynter, solicitor.
Returns Furnished by the Sherriff - return of money received at Her Majesty's Gaol, Melbourne, on account of prisoners convicted at the SupremeCourt, Melbourne, during the years 1850, 1851 and 1852.
When Received: 29 Mar 1852.
Name: Christopher Goodison.
Money: 2 pounds.
How Disposed of: To Mr. Paynter, solicitor.
Francis was elected to the Castlemaine Council
Francis was re-elected to the Castlemaine Council
Francis resigned from the Castlemaine Council "owing to the pressure of business engagements" and "the useless manner in which Council had beenconducted"
Francis was elected again to the Castlemaine Council and became Chairman
Francis retired from the Castlemaine Council. He did not seek re-election and permanently retired from municipal life. He had been very lax in hisattendance at meetings during the past year but had rendered a lot of valuable service
Francis was appointed as solicitor to the Council which he remained for several years
Francis stood for election to the Legislative Council but was defeated
Some time in the 1860's a street was named after Francis. It no longer exists as a road.
Francis deposited gold for escort to Melbourne so must have been on the goldfields by this time
Francis' wife Caroline died
Francis bought land at auction in Elphinstone, Parish of Talbot. Sale Lots 68 and 74 for Sections/Allotments 4/3 and 7/1 (Elphinstone is about 11 kmwest of Castlemaine).
He was a resident in Castlemaine.
Francis bought land at auction in Guildford, Parish of Talbot. Sale Lots 7 and 8 for Sections/Allotments 1/1 and 1/2
He was a resident in Castlemaine.
Castlemaine Rate books list F E Paynter:
1. a brick cottage and stable Section 27 Allotment 1 [corner Hunter and Barker streets, north-east corner]
2. land Section 3 Allotment 1.
3. weatherboard office Section 15 Allotment 9 [under name of Paynter, King & Co.]
4. two storied brick building unfinished [corner Lyttleton and Hargreaves streets] [under name of Paynter, King & Tomkin]
Castlemaine Rate books list F E Paynter, solicitor as the occupier, not the owner, of two properties:
1. A cottage at Section 11 Allotment 18
2. An office at Section 15 Allotment 9
Victorian Government Gazette:
Commissioners of the Supreme Court - Commissioners for Taking Affidavits:
Castlemaine:
Francis Edward Paynter
Victorian Government Gazette:
Commissioners of the Supreme Court - Commissioners for Taking Acknowledgement of Deeds:
Castlemaine:
Francis Edward Paynter
Government Gazette:
The following list of Commissioners of the Supreme Court of the Colony of Victoria is published for general information.
Commissioners for taking Affidavits - Castlemaine - Francis Edward Paynter
"Records of the Castlemaine Pioneers" - article by Arthur t. Hodgson, written on 30 September 1881.
The paper I am about to read is compiled from the evidence taken by the "Commission appointed to Inquire into the Grievances of the Diggers andOthers in the District" depicting the state of things existing here, some six and twenty years ago.
This Commission held their first sitting at the Survey Office, Castlemaine, on December 29th, 1854, at which were present Messrs. Westgarth, Fawkner, J. Hodgson, O'Shannassy, Strachan and Wright.
One of the first witnesses examined was the late F.E. Paynter, Esq., who was asked:-
"Are there any observations you wish to offer to the Commission?"
"Yes, we have not sufficient officers in the County Court to carry out the judgements delivered there - that is to deliver the writs of 'fi fa'."
[fieri facias (fi. fa.) [Latin: you should cause to be done] A High Court writ of execution to enforce the payment of a debt when judgment has been entered against the debtor. The writ can also be used to enforce a judgment for payment of damages. The writ is addressed to the High CourtEnforcement Officer requiring him to seize the property of the debtor in order to pay the debt, interest, and costs. In the county courts execution is levied by bailiffs under a warrant of execution.
'During the last two sittings of the Court here very few, indeed, of the judgements delivered could be levied for want of sufficient force: and at the Court before last we had to pay all the mileage for serving the summonses, also the special bailiffs, out of our own pockets, for serving these very summonses."
Questioned by Mr Hitchcock - "Did you bring an action for me which was defeated?"
"Yes, because the bailiffs did not serve the summonses."
Tarrangower Times:
Those Soothing Murmers.
Mr F.E. Paynter's oratory is not certainly a dreary monotone calculated usually to soothe his hearers into peaceful slumbers, but it - or something else - had this effect on Thursday, for when Mr Robertson, C.P.S., was about to lock up the Court House on Thursday evening, a prolonged snore broke the silence that reigned around. The snorer was found to be occupying a front seat in the gallery, and was so satisfied with his quarters, that ittook Mr Tatt the road-carter, something more than persuasion to remove him from the precincts of the Court House.
*New [OCCU]
Admission File Of Attorneys to the Supreme Court at the PROV has Francis' file.
1. A document signed by Francis.
Francis Edward Paynter formerly residing at No. 13 South Square, Grays Inn, London, but now of Melbourne in the District of Port Philip in the Colony of New South Wales, gentleman, maketh oath and saith that he the deponent was on the eleventh day of June in the year of our Lord one thousand eight hundred and forty four admitted an attorney of Her Majesty's Court of Queens Bench at Westminster and a solicitor of Her Majesty'sHigh Court ofChancery.
And this Deponent further saith that he has not done or committed any act or thing which would cause his name to be struck off the roll of the said Court of Queens Bench and that to the best of his knowledge and belief his name still remains on the roll of the said Court.
That the copies of the Certificates hereby annexed are the copies of the Certificates of Deponents admission in the said Courts and that Deponent is the person therein named.
That Deponent ceased to practice on or about the month of January one thousand and eight hundred and forty six.
That Deponent arrived in the Colony on or about the twenty third day of November last past in the barque "Achilles".
That Deponent has not been employed in any trade or --- since he ceased to practice.
And Deponent begs lead to refer to Mr George Barber of Melbourne, solicitor.
14 September 1847.
2. Copies of the following Certificates - similar wording except that one is for the Queens Bench and the other is for the Court of Chancery and signed by two different people.
It appearing unto the Court that Francis Edward Paynter of No. 2 Bedford Row in the County of Middlesex, gentleman, is duly qualified to act as an attorney of her Majesty's Court of Queens Bench at Westminster and he having this day taken in her Court the Oath of Allegiance and also taken and subscribed the Oath appointed to be taken by attornies by an act of Parliament made and passes in the tenth and seventh years of her Majesty QueenVictoria entitled "An Act for consolidation and amending several of the Laws relating to Attornies and Solicitors. This Court doth hereby admit him an attorney of the said Court of Queens Bench and doth order his name to be enrolled by the proper officer of the said Court pursuant to the directions of the said ---. Dated this eleventh day of June in the year of our Lord one thousand and eight hundred and forty four.
3. Affidavit of Posting Notices and inserting same in two of the Melbourne papers.
in the Supreme Court of New South Wales for the District of Port Philip.
Francis Edward Paynter formerly of No. 13 South Square, Grays Inn, London, but now of Little Bourke Street, Melbourne in the District of Port Philip, an attorney of her Majesty's Court of Licence Bench, Westminster, maketh oath and saith that on the fourteenth day of September instant he this Deponent affixed to the door of the Honourable Court and also to the door of the Deputy Registrar's Office a Notice of his, this Deponent's intention to apply to be admitted as attorney, solicitor and proctor of this Honourable Court.
And this Deponent further saith that he this Deponent has three times during the present term inserted copies of such Notice in the PortPhilipPatriot on the fifteenth, twentieth and twenty fifth of the present month and also three times in the Port Philip Gazette on the fifteenth, eighteenth and twentieth of the present month.
4. Francis was admitted to practice as a solicitor of the Supreme Court of the Colony of Victoria on 29th September 1849., Solicitor
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AIGS/FHC Member's - Family Trees
Abt 1822 - 1881 (~ 59 years)