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Francis PAYNTER

Male 1837 - 1865  (27 years)


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  • Name Francis PAYNTER 
    Birth 18 Nov 1837  Harcot (Harcourt), Feock, Cornwall, England Find all individuals with events at this location 
    Gender Male 
    Baptism 5 Jan 1838  Feock, Cornwall, England Find all individuals with events at this location 
    Census 6 Jun 1841  Mylor Downs, Mylor, Cornwall, England Find all individuals with events at this location 
    Immigration 14 Jan 1842  Port Phillip, Melbourne, Victoria, Australia Find all individuals with events at this location 
    Witness 6 Mar 1863  Burrumbeet, Victoria, Australia Find all individuals with events at this location 
    Residence 27 Jun 1863  Lake Burrumbeet, Burrumbeet, Victoria, Australia Find all individuals with events at this location 
    Residence 26 Sep 1863  Lake Burrumbeet, Burrumbeet, Victoria, Australia Find all individuals with events at this location 
    Residence 31 Mar 1864  Burrumbeet, Victoria, Australia Find all individuals with events at this location 
    Residence 22 Jun 1865  Burrumbeet, Victoria, Australia Find all individuals with events at this location 
    Death 22 Jun 1865  Carngham, Victoria, Australia Find all individuals with events at this location 
    Burial 24 Jun 1865  Carngham Cemetery, Carngham, Victoria, Australia Find all individuals with events at this location 
    Person ID I423  FHC006 - White Tree
    Last Modified 31 Oct 2020 

    Father Thomas Francis PAYNTER,   b. Abt 1796, St Columb Major, Cornwall, England Find all individuals with events at this locationd. 26 Sep 1863, Carngham, Victoria, Australia Find all individuals with events at this location (Age ~ 67 years) 
    Mother Mary Strange MOUNSTEVEN,   b. 11 Oct 1804, St Columb Major, Cornwall, England Find all individuals with events at this locationd. 11 Oct 1885, Rosevale, Allansford, Victoria, Australia Find all individuals with events at this location (Age 81 years) 
    Marriage 9 Sep 1823  St Columb Major, Cornwall, England Find all individuals with events at this location 
    Family ID F195  Group Sheet  |  Family Chart

    Family Catherine CUNNINGHAM,   b. Abt 1842, Melbourne, Victoria, Australia Find all individuals with events at this locationd. 15 Sep 1876, Carngham, Victoria, Australia Find all individuals with events at this location (Age ~ 34 years) 
    Marriage 27 Jun 1863  St Mark’s Church of England, Fitzroy, Victoria, Australia Find all individuals with events at this location 
    Children 
     1. Louisa Maria CUNNINGHAM (DOW),   b. 28 Feb 1863, Templestowe, Victoria, Australia Find all individuals with events at this locationd. 1 Jul 1931, Kerang, Victoria, Australia Find all individuals with events at this location (Age 68 years)
     2. Emily PAYNTER (DOW),   b. 31 Mar 1864, Burrumbeet, Victoria, Australia Find all individuals with events at this locationd. 1946, Regent (Preston), Victoria, Australia Find all individuals with events at this location (Age 81 years)
    Family ID F1032  Group Sheet  |  Family Chart
    Last Modified 2 Nov 2020 

  • Notes 
    • The Star (Ballarat, Vic. : 1855 - 1864), Wednesday 19 November 1862, page 2
      THE FATAL BOAT ACCIDENT ON LAKE BURRUMBEET.
      The following particulars of the accident on Lake Burrumbeet on Monday last, which caused the death of Mr J. W. R. Pringle, were obtained by our reporter, principally from Mr A. M'Laren, the other occupant of the boat when it capsized:-
      On Monday morning, at about eight o'clock, Mr James Pringle and Mr Alfred M'Laren, (who had gone out to Burrumbeet on the previous day from Ballarat), embarked in a pair oar wager boat built of cedar, and purchased last season by the Regatta Club from Mr Prescott of Richmond, with the intention of proceeding across the lake and going up the Burrumbeet Creek. They first pulled in a southerly direction, until they got under cover of one of the high headlands, on the west side of the lake, and then altered their course and stood across the lake, direct for the mouth of the creek.The moment the boat got from under cover of the high land, a sudden squall took her, and she shipped three heavy waves, filled, and heeled over,Messrs Pringle and M'Laren being shot out on one side while the boat was filling. The boat then turned keel up, both gentlemen clinging to her. The water at the time was very rough, and the boat turned over repeatedly when strode by heavy seas. Mr Pringle was not able to swim, but Mr M'Laren, who is a good swimmer, got off his trousers and one of his boots, with the intention of swimming to the shore, which was nearly a mile distant, but at the earnest request of Mr Pringle, that he would not leave him, he abandoned his intention. Both then shouted loudly for some time in the hope of attracting attention, and M'Laren raised himself on the boat and waved his cap, but was unable to see the shore of the lake, which is very low opposite the spot where the accident occurred, the only object he could discover being Mr Dobson's hotel some three miles to the north. About two hours after her capsize, M'Laren again proposed to swim to the shore, and on this occasion Pringle did not oppose the proposition. M'Laren, however, had only got some twenty yards from the boat when he found that his limbs had become so much benumbed by exposure to the wet that he was quite unable to swim, and he therefore returned to the capsized boat, but had the greatest difficulty in reaching it He subsequently endeavored to propel the boat (which he had hold of by the stern), by striking out with his legs in the water behind, but without making any progress. Pringle in the meantime, who had at first exerted himself very strenuously in shouting for assistance, became very weak, and had to be repeatedly encouraged to hold on, the water all the time being very rough, and the boat frequently turning over. After they had continued some seven hours in the water, M'Laren noticed that Pringle was talking to himself, and that he was also endeavoring to get a ring off his finger; and about half past three o'clock M'Laren, on looking round to the part of the boat to which he had last seen Pringle clinging, suddenly missed him and never saw him again.He states that Pringle must have quietly slipped off the boat without a struggle, completely exhausted. The water about this time became rather smoother, and about five o'clock M'Laren was rescued by a boat under the command of Mr Benjamin Oxlade, and manned by Messrs James and FrankPaynter, two residents on the west shore of the lake, who had heard the shouting and noticed the wreck at about a quarter past four o'clock, and had immediately mounted their horses and galloped round to Mr Dobson's hotel for boats. On the arrival of Messrs Paynter at the Picnic Hotel at half-past four o'clock not a moment was lost by Mr Oxlade, who is in charge of the Regatta Club's boats, in pushing off to the rescue. He had however considerable difficulty in discovering the wreck which was only discernable a very short distance, and notwithstanding the presence in the boat of the two Messrs Paynter, who had seen the wreck from their residence, it was past five o'clock before Mr M'Laren was found and rescued. No trace whatever could be found of Mr Pringle, though the boat was turned over in the vain hope that he might be found clinging to the bottom. The place where M'Laren was found is about three quarters of a mile north-east of Mr Paynter's house, and about three miles south of the Picnic Hotel. He was very much exhausted and severely bruised about the body and legs by the rolling of the boat. M'Laren was at once conveyed to the landing place at the Regatta Club's boat house, and thence to the Picnic Hotel, where he was put to bed and carefully attended to by Mr Dobson, and Mr Oxlade was also unremitting in his attentions. Mr M'Laren, though very weak and fearfully shaken was on Tuesday morning so much better as to be able to give to our representative the particulars of this melancholy accident. During Monday night several of Mr Pringle's friends arrived at Burrumbeet, Messrs R, M'Laren and R. Davidson being among the first. At 4 a.m. a boat manned by Messrs R. M'Laren, Ahrens, Davidson, J. D. Morgan, and Oxlade, provided with drags, went off to the scene of the accident. Senior Constable M'Hugh of Learmonth, and Mr Mather having meanwhile proceeded along the west side of the lake to Messrs Paynter's residence, for the purpose of ascertaining the exact position in which the capsized boat had first been observed on Monday afternoon. This having been accomplished, the spot pointed out was marked with a buoy, and the business of dragging commenced, three additional boats being also on the spot, all well manned, and provided with tackle. Among those present at an early hour, in addition to those already named, were Messrs M. M. Pope, M L. A., Thomas Cowan, Babbington, J. H Harris, Nettle, Dr Leman, Kelly, Carver, Forster, Whitcombe, Lewis, and others. Mr Thompson, of the Burrumbeet Hotel, sent his boat and crew at early hour on Tuesday morning to assist in the search, and every possible assistance was rendered by all residents in the vicinity. At the time of the accident Mr Pringle is said to have been dressed in a white flannel guernsey shirt and drab trousers. He also wore a straw hat, which Mr M'Laren states was blown away shortly after the boat upset.
      Up to a late hour yesterday afternoon the body of the deceased had not been found, notwithstanding the exertions that had been made for its recovery. A large number of persons who had been out to assist in the search returned to Ballarat last night, many of whom will again proceed to thel ake this morning, to continue their melancholy work. It is proposed to employ gunpowder today for the purpose of causing the body to float, and several fresh sets of grappling-irons have been prepared and sent out. When we consider the large extent of the lake, and the chances of the body having been moved by the agitated water, it is evident that a diligent and careful search will be required to find it.
      The deceased was about thirty-four years of age and a native of Newcastle-upon-Tyne, and was the son of the Rev. Jas. Pringle who had charge of the Clavering Place Congregation of Presbyterians at that place some years ago. The late Mr Pringle came to the colony in the steam ship Great Britain about eight years since, and received the appointment of District Mining Surveyor for the Buninyong division from the old Local Court of Ballarat, which office he held up to the time of the melancholy accident which terminated his life. He was a member of the Cavalry Corps, Turf Club, HuntClub, and a Vice President of the Regatta Club, and was ever ready to lend his support and patronage to all tangible amusements of a legitimate nature.
      Mr. A. M'Laren was brought into Ballarat on Tuesday night. He appeared very weak and was almost speechless. His body was quite blue and he had to be attended by a medical man who deemed it advisable to order leeches to be applied. A few days' quiet will no doubt restore him to his usual good health and spirits.
      Inquest held at Burrumbeet on 23 November 1862.
      James Paynter was a witness and testified that “I am a farmer residing in the Parish of Brewster. On Monday last about 4 o’clock afternoon, I was in my own house when I heard a cry proceeding from the direction of Burrumbeet lake. After hearing the same cries about four times, I went to the beach of the lake to ascertain where the cries came from. After looking out for a few minutes I observed something floating in the water which I discovered to be a mast head and the part of a boat. I immediately road [sic] to Dobson’s Hotel about four miles, and myself, brother and Benjamin Oxlade went out in a boat about 2 1/2 miles on the lake, where we discovered a boat bottom upwards and saw a man sitting on the end of the boat. Alfred McLaren (identified) is the person I saw. We took him into the boat and taking the other boat astern rowed ashore.
      James Paynter.
      Conclusion of the inquest:
      His death was caused by being accidentally drowned while rowing on Lake Burrumbeet on the 17th day of November 1862 (Juryman Brock protesting against such boats crossing the Lake).
      This accident is even more tragic considering James and Francis’ brother Henry was himself drowned in Lake Burrumbeet on 26 February 1863, only three months later.

      INQUEST into Death of Henry Paynter, 6 March 1863
      Inquest was held by Dr John Creelman, Coroner and a jury of 12 men (the same day the body was found, 6 days after he disappeared).
      The verdict was " the deceased Henry Paynter was found dead on the 4th March 1863 and that his death was caused by drowning on 26th February last.
      Evidence of James Paynter:
      "I am a farmer residing at Lake Burrumbeet and brother of the deceased. I remember the 26th day of February last. I went to the residence of deceased and learned that he had gone over in a boat to my place across Lake Burrumbeet.
      On looking over the Lake Burrumbeet I saw the boat deceased went out in about half a mile from land. I then went to help a neighbour named Usher to get out his boat as he was going to the boat race that day. I was occupied with Usher for about 2 hours and kept looking out towards the boat the deceased was in to see how it was going on. I could observe there was a reef in the mainsail and she seemed to be going all right.
      The last time I saw the aforesaid boat she appeared to me to be nearly across the lake and on looking again I could not see her. I thought at first that she had run in towards the land at my residence. I then went across the Lake Burrumbeet towards my residence with Usher in his boat and as we could not see any thing of the aforesaid boat. I felt uneasy and went to my place, where I ascertained that deceased had not been there that day. When I found deceased was not there, I sailed across to the Picnic Hotel across the Lake but found he was not there.
      myself, Usher and my brother Francis, then sailed towards Picnic Point, when about 1/4 of a mile from that point, we saw a boat bottom upwards. Having no oars we put back to get them.
      Myself and the persons aforesaid went to Mr Miller of the Burrumbeet Hotel, got a boat from him and went on the Lake Burrumbeet and fetched the boat in to land, bottom upwards. We found on looking that both gunwales were broken. The masts, sails and rudder were gone. The two oars were in the boat.
      I have seen the body of deceased and recognise that to be the body of my brother."
      Evidence of James Edward Paynter:
      "I am a labourer and a cousin of the deceased. I remember the 26th day of February last. I went down to Lake Burrumbeet about 8 of the clock in the morning, when I saw deceased go out in a boat by himself, which he had got from Mr Miller of the Burrumbeet Hotel, to visit his brother who lives at the other side of the Lake. Deceased appeared to be in good health when he started.
      The boat is generally termed a small gig boat, capable of holding 7 persons. It appeared in good condition on starting. It was rigged with a jig, mainsail and 7 ?
      After she sailed I went up to the hut of the deceased about 400 yards from the edge of the Lake, where I remained for a few minutes, and then went down to the watering place of the Lake. I saw the boat the deceased was in and thought all was right. In the afternoon of the same day between two and three of the clock, I went down to that part of the Lake Burrumbeet where a boat race was to take place that day. I found that the boat deceased went out in was not there. I then came back to see if the deceased had returned and found that he had not. Shortly afterwards I met two brothers of deceased named James and Francis Paynter, who told me they had seen the boat deceased went out in, bottom upwards in Lake Burrumbeet.
      In company with James and Francis Paynter I got a boat and went in to the Lake Burrumbeet and brought the boat upwards on shore.
      On the evening of the same day I found the rudder washed on shore, I found the masts and sails of the boat were gone and both gunwales were broken.There were two oars at the bottom of the boat and some loose boards.
      I have been searching for the body daily since the accident took place. I was walking round the corner of the Lake Burrumbeet this morning. I saw a dead body floating in the water back upwards about a yard from the land. I have seen the body this day and identify it to be the body of Henry Paynter.
      It was blowing a very stiff breeze at the time deceased went out in the boat. He had on a shirt, trousers, shoes, sou’wester hat and a bit of flannel round his neck. When I found deceased this morning he had on trousers, waist belt and flannel round his neck that he had on went he went out, but the shirt and boots and hat were missing."

      INQUEST into Death of Francis Paynter, 22 June 1865
      Inquiry into the Death of Francis Paynter, held near Mount Misery on 22nd day of June 1865 before Frederick Roper Portman, one of Her Majesty's Justices of the Peace for the said Colony:
      James Paynter on his oath saith:
      "The body shown is that of my brother Francis Paynter aged 28 years. Yesterday the 21st June just before sundown I was with deceased having come up to see our sister-in-law. We brought two rifles. Deceased and myself had been down to the lagoon and shot two ducks. We then brought up the waggon, laying the two rifles in the middle - both rifles were loaded with a single ball each. We came up to the hut to have a drink of tea and to put the women and children in to go home.
      Deceased had gone to the waggon and put his wife and child on the waggon. He had taken off his rifle and laid it on the grass. I went to the waggon to take off my rifle. Deceased was standing at the back of the waggon. I reached over to take my rifle off and it went off shooting deceased. I saw deceased turn round. He said ok Jim? "I am shot” or “you have shot me". I looked at deceased. I helped deceased in and laid him down and sent for the doctor.
      I was with deceased till he died, which took place at about 2 o'clock this morning. Deceased said the accident was nobody's fault."

      Lachlan Robertson on his oath saith:
      "I was present yesterday the 21st June when deceased was shot. I saw deceased go out and put his wife in the waggon. The last witness went out also. I heard the report of a gun and turning round saw deceased down. We took a horse out of the waggon and I went for the Doctor. I was with deceased when he died, which took place about half past 2 o'clock in the morning in the presence of Dr Johnston."

      James Johnston on his oath saith:
      "I am a legally qualified medical practitioner. yesterday the 21st I was fetched to see the deceased and arrived at half past 6 o'clock. I found deceased bleeding severely from a wound in the front of the right side of the abdomen. The wound was large and jagged with a portion of the abdomen protruding.
      Dark blood flowed very freely. There was also a small wound in the back - triangular - as from a ball. It appeared as if the ball had entered before and come out behind. I applied the usual remedies. Deceased was very weak from loss of blood and died about 2 and a half o'clock this morning. Deceased was friendly with all about him and attributed the wound to accident.
      I attribute deceased's death to internal haemorrhage."

      The Ballarat Star, Monday June 26, 1865:
      A magisterial inquiry was held before Mr F R Pohlman on Thursday, 22nd June, near Mount Misery, touching the death of Francis Paynter, who died from internal haemorrhage, the effects of a bullet, accidentally shot by his brother James Paynter, going through his body.
      James Paynter deposed that the body shown him was that of his brother Francis Paynter, aged twenty-eight years.
      On the previous day they had been shooting on the lagoon and shot some ducks. They had a waggon with them which they brought up to the hut where we left their wives and children. The brothers laid their loaded rifles in the waggon, each rifle having a single ball.
      Deceased went to the waggon, put his wife and child in, and took out his rifle, which he laid on the grass. Witness then went to the waggon. Deceased was standing at the back of the waggon, and reached over to take witness's wife off, whereupon the rifle went off, shooting deceased, who exclaimed"I am shot" or "You have shot me".
      Witness assisted deceased into the hut and sent for a doctor. Witness was present with deceased till his death, which took place about two o'clock next morning.
      Deceased said the accident was nobody's fault.
      Lachlan Robertson deposed that he was present when deceased was shot and saw him go out and put his wife on the waggon. The last witness went out also. Witness heard the report of the gun, and running round saw deceased on the ground.
      Witness and deceased's brother took a horse out of the waggon and sent for the doctor.
      Witness was with deceased when he died. Dr Johnstone tendered the medical evidence. The jury returned a verdict in accordance with the facts of the case.