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- Elizabeth died intestate but owned land of 20 acres in the Parish of Yarrowee, County of Grant (Allotment 14, Section 6) which was rented out for grazing. 'Land is fenced but otherwise unimproved and there are no buildings or improvements thereon and the same is used for grazing purposes. Land is of very poor quality and is valued at cost of 1 pound 10 shillings per acre. Land is rented at 2 pound a year. Total value 30 pounds.' There was no personal estate.
Peter's attests to himself, and John, Joseph and Thomas George Armstrong, Elizabeth's brothers, all farmers at Cambrian Hill, and her sister Hannah Jane Hetherington, also of Cambrian Hill, as her only next of kin surviving. Peter also states that he is the only person entitled to the administration of Elizabeth’s estate.
Hannah's husband, John Hetherington, butcher, of Broomfield, stated that he had freehold property at Broomfield consisting of three quarters of an acre to the value of fifty pounds.
Peter died on 4 January 1890, presumably before he carried out the administration of his daughter’s estate because on 21 January 1890, brother John, along with brothers Joseph, Thomas George and married sister Jane Hetherington, all of Cambrian Hill, state that they are the only persons lawfully entitled to share in the distribution of the estate. John also seeks to be appointed as the administrator.
Age, 21 January 1890: Probate notice.
Notice is hereby given that after the expiration of fourteen days from the publication hereof, an APPLICATION will be made to the Supreme Court of the colony of Victoria in its Probate Jurisdiction, that administration of the ESTATE of ELIZABETH ANN ARMSTRONG, late of Cambrian Hill, in the said colony, spinster, deceased intestate, be granted to John Armstrong, of Cambrian Hill aforesaid, engine driver, brother and one of the next of kin of the said deceased.
Dated this twentieth day of January, 1890.
S. F. Mann, Applicant’s Proctor, Ballarat.
On 1 February, John Wilkinson Armstrong, Windermere St, Ballarat, mason, signs an affidavit stating that he has property worth 50 pounds, consisting of household furniture and effects. This John is Elizabeth’s uncle, brother of her father Peter Armstrong. John Hetherington also signed another affidavit, this time stating that he has household furniture in Broomfield to the value of fifty pounds. Brother John is granted administrator of Elizabeth’s estate on 14 February 1890.
COURT CASE
Age (Melbourne, Friday 16 August 1895, page 5
ARREST OF A STATE SCHOOL TEACHER.
ALLEGED TAMPERING WITH FEMALE PUPILS.
SALE, Thursday.
As stated in The Age of yesterday, Thomas G. Armstrong was dismissed by the Education department, consequent upon an inquiry held by the Public Service Board into charges of Indecently assaulting female pupils at the Clydebank State school, of which he was head teacher. Following upon this, on
Wednesday night Constable Chandler arrested Armstrong, who denied the charges. Hs was brought before the Sale police court this morn ing — Mr. Johnstone, J.P., presiding — and was formally charged with having assaulted a girl under tho age of 16 years in or about the month of July. The constable deposed that he had been present at the official inquiry, when he heard the evidence given by several girls. Accused was remanded to the 23rd inst., and on his applying for bail Sergeant M'Gann asked that it should be made substantial, as there would be other similar charges laid. Bail was fixed in two sureties of £100 each and accused in £200. He was then removed to gaol.
COURT CASE
Gippsland Times, Monday 26 August 1895, page 3
SALE POLICE COURT. FRIDAY, AUGUST 23RD. (Before Mr Creswell, P.M.) ALLEGED TAMPERING WITH STATE SCHOOL GIRLS. Thomas G. Armstrong, formerly head teacher at the Clydebank State School, was brought up on remand charged with in decently assaulting May Jenkins and Ada Williams, both under the age of 16 years, some time in July. Sergeant M'Gann conducted the prosecution and Mr Bushe appeared for the accused. The charges were taken separately. The court was cleared. The evidence went to show that accused committed at various times during school hours, or in the schoolroom during the luncheon hour, indecent assaults on the witnesses. According to the witnesses accused had crossly misconducted himself two or three times a week for a long time past, on some occasions in view of many of the scholars. Asked why they had not informed their parents when the first assault took place, or subsequently, the witnesses replied that they were afraid of being beaten by their mothers. The statement of the principal witnesses was that they resolved to tell their mothers shortly before the inquiry ordered by the Education department, be cause one girl said she would, and "take the threshing." Then six of them talked it over during the school dinner hour, and resolved to tell also. At the conclusion of the first charge Mr Bushe submitted there was not sufficient evidence for a commitment. He held there was a considerable divergence in the statements of the witnesses, and that it was im probable the offence should have been committed in a crowded schoolroom. Still if Mr Creswell intimated that it was a case for a jury he would not say anything further. Mr Creswell, P.M., said it was not for him to say what amount of credibility was to be attached to the witnesses. Corroboration was not necessary under the section of the Act. The second charge was then gone into, and accused was committed for trial on both charges to the Sale Supreme Court to be held on December 3rd. Bail was allowed in two sureties of £50 each and second of £100 personal, on each charge. Mr Anderson Dobson, grazier, and Mr Robert Dobson, farmer, both of Alexandra, gave the bail. Two other charges against accused were adjourned till next Friday, Mr Creswell having to leave for Pakenham by the afternoon train.
Gippsland Times, Monday 2 September 1895, page 3
SALE POLICE COURT. Friday, August 30th. (Before Mr Creswell, P.M.) ALLEGED TAMPERING( WITH STAT'E SCHOOL GIRLS. Thomas George Armstrong, late head teacher at the CIydebank State school, was brought up on two further charges of in decently assaulting female scholars under the age of 16 years. Sergeant M'Gann con ducted the prosecution, and Mr Bushe appeared for the accused. The evidence of the assault against Ruby Little, aged 11 years, was as in the other cases difficult to follow on account of the children being unable to fix dates. Accord ing to the witnesses the assaults were very frequent and extended over a period of some years. One of the witnesses "couldn't re member," so frequently, that Sergeant M'Gann, put the question whether her father had not gone bail for accused. Mr Bushe objected to the question, and to her examination on her original statement unless she was treated as a hostile witness. Consequently her examination closed abruptly. Emily Nugent, domestic servant to Mr J. T. Little, said that in July 16th, Ruby complained to her of accused's conduct. Mr Bushe objected to the evidence on the ground that Ruby told witness four days after the alleged assault. Mr Creswell, P. M., decided to receive the evidence, noting that Mr Bushe objected to its admission. Witness said that on the afternoon of July 16th, Ruby went to her in the kitchen as soon as she came home from her music lesson and said "I'll tell you something I'm afraid to tell mother." After hearing the account of the assault witness told Ruby to tell her mother, which she did the same day. J. T. Little said that from what he was told on July 16th, he went the same evening to see the accused. Witness told accused what he had been informed about his con duct. Accused replied "I did not." Wit ness told him that he would go into Sale next morning and have him arrested any way. Previous to that evening was on friendly terms with accused. Could not see how accused received the information. It was very dark, and witness met him outside the house. Witness thought he was more excited than accused. Mr Creswell committed accused for trial at the Sale Supreme Court on December 3rd. Bail was accepted, self £50, and two sureties of £25 each, furnished by J. S. H. Hammond and Robert Dobson. The other charge was of assaulting Annie Miller, aged 12 years, some time during the month of June or July last. Mr Creswell committed accused for trial, accepting the same bail.
Argus, Monday 25 November 1895, page 6
SALE, Friday. - In August last Thomas George Armstrong, head teacher of the state school at Clydebank was arrested on several charges of tampering with girl pupils He was dismissed the service, and later was committed for trial on several charges at the Sale Supreme Court on December 3. He was allowed out on substantial bail, and ever since has been residing in the house he occupied as head teacher, which is in the school grounds. Several residents objected to send their children to the school while Armstrong was about, and several parents, including one J. Jenkins, whose daughter is a witness against Arm strong, were summoned for non-compliance with the Education Act. The police magistrate (Mr Creswell) did not consider the objection sufficient, and fined them 2s 6d. in each case.
Age (Melbourne, Wednesday 4 December 1895, page 6
SALE ASSIZES.
JUDGE HODGES ON TRIAL BY JURY.
SALE, Tuesday.
Thomas George Armstrong, late head teacher of Clyde Bank State school, was charged on four separate counts with indecently assaulting four female pupils under the age of 16 years. He was defended by Mr. Forlonge. On one count, the evidence not being satisfactory, the jury, by direction of his Honor, returned a verdict of not guilty, and after a retirement of an hour and a half they returned a verdict of guilty on two of the other counts, and not guilty on the third. The jury recommended him to mercy on account of the suffering he had endured, and on account of his wife and family. Accused's defence was practically that he had flogged a boy at the school last December, that at an inquiry before the inspector he had been exonerated, and that since then he had been subjected to persecution to which this was the sequel. He was remanded for sentence.
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