William SMITH

William married Mary BENNY about 1 Dec 1737 in Mylor, Cornwall, England. Mary (daughter of John BENNY and Mary UNKNOWN) was born before 14 May 1717 in Mylor, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: Abt 12 Mar 1741, Mylor, Cornwall, England

Notes:

The Baptism Register for Mylor has entries for the baptisms of their children in 1766, 1768 and 1769 that say "of Mr William and Mrs FrancesSmith",the only entries on the pages to refer to the parents as Mr and Mrs (were they "above" the other couples?) William was referred to as agentleman inhis marriage entry, so perhaps he owned land.

William married Frances UNKNOWN on 11 Apr 1765 in Mylor, Cornwall, England. Frances was born about 1728; died in Oct 1788 in St Columb Major, Cornwall, England; was buried on 12 Oct 1788 in St Columb Major, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 27 Dec 1765, Feock, Cornwall, England

Other Events and Attributes:

• Baptism: 15 Dec 1766, Mylor, Cornwall, England

Other Events and Attributes:

• Baptism: 2 Feb 1768, Mylor, Cornwall, England

Other Events and Attributes:

• Baptism: 11 Jul 1769, Mylor, Cornwall, England
• Census: 6 Jun 1841, Newquay, Cornwall, England
• Census: 30 Mar 1851, Village, Mawgan in Pydar, Cornwall, England

Fanny married William MOUNSTEVEN on 10 Oct 1799 in St Columb Major, Cornwall, England. William (son of Hender MOUNSTEVEN and Mary HOSKIN) was born about 1773 in Little Petherick, Cornwall, England; died on 2 Jun 1830 in St Columb Major, Cornwall, England; was buried on 5 Jun 1830 in St Columb Major, Cornwall, England. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 20 Oct 1771, St Just in Roseland, Cornwall, England

Other Events and Attributes:

• Baptism: 13 Sep 1773, St Just in Roseland, Cornwall, England

Other Events and Attributes:

• Baptism: 17 Apr 1801, St Columb Major, Cornwall, England
• Census: 6 Jun 1841, Fore St, St Columb Major, Cornwall, England
• Census: 30 Mar 1851, Carloggas Village, Mawgan in Pydar, Cornwall, England
• Residence: 7 Oct 1851, Mawgan in Pydar, Cornwall, England
• Census: 7 Apr 1861, Cottage, Mawgan in Pydar, Cornwall, England

William married Anna Maria KENNEDY on 7 Oct 1851 in Lanherne Chapel (Roman Catholic), St Columb Major, Cornwall, England. Anna was born about 1811 in Ireland. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 11 Jun 1802, St Columb Major, Cornwall, England

Other Events and Attributes:

• Baptism: 17 Jun 1805, St Columb Major, Cornwall, England
• Residence: 9 Sep 1823, St Columb Major, Cornwall, England
• Census: 6 Jun 1841, Mylor Downs, Mylor, Cornwall, England
• Immigration: 14 Jan 1842, Port Phillip, Melbourne, Victoria, Australia

Notes:

Immigration.
They came to Australia in 1842 on board the "Samuel Boddington". Mary must have been pregnant, as her baby, Charles Boddington was born on the 5th January, 7 days before their landing in Melbourne. The baby's middle name was taken from the name of the ship - Charles Boddington Paynter. He was christened 3 days later, but there is no record of him after that.

Edward Bristow was also on board the same boat, so Mary would have met him then. He was 15 years younger than her. They claimed to have married in1843 or 1847 and Mary's 2 children - William and Eliza- were born in 1843 and 1847 in Collingwood (where Edward was also living). They were baptised as Paynters with Thomas named as their father, but were later known as Bristow, so perhaps they were Edward's children after all.

They moved to Warrnambool in 1848/49 and had another child, John, in 1850, born there. Mary took William and Eliza to Warrnambool with her and Edward, but all her other children, (James, Henry, John and Francis) who were the only ones still alive, went with Thomas to Carngham. Another daughter Mary must have stayed in Melbourne as she married Francis Ford there in 1853, but then they also moved to Warrnambool.
Thomas claimed in his will that he had not seen his wife for 20 years, so they must have still been legally married.

On Mary's death certificate her children are listed as:
1st marriage
Thomas William (dec.)
James Camborne 59
Mary (dec.)
Henry Mounsteven (dec.)
John Edward 62
George (dec.)
Francis (dec.)
2nd marriage
William (dec.)
Eliza (dec.)
John 35

Mary married Thomas Francis PAYNTER on 9 Sep 1823 in St Columb Major, Cornwall, England. Thomas (son of Francis PAYNTER and Margaret PENDER) was born about 1796 in St Columb Major, Cornwall, England; died on 26 Sep 1863 in Carngham, Victoria, Australia; was buried on 28 Sep 1863 in Carngham Cemetery, Carngham, Victoria, Australia. [Group Sheet] [Family Chart]

Mary married Edward BRISTOW about 1847 in Melbourne, Victoria, Australia. Edward (son of David BRISTOW and Ann BOTTERILL) was born about 1819 in Gilberdike, Yorkshire, England; died on 11 May 1891 in Merri St, Warrnambool, Victoria, Australia; was buried on 12 May 1891 in Warrnambool Cemetery, Warrnambool, Victoria, Australia. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 10 Nov 1810, St Just in Roseland, Cornwall, England
• Census: 6 Jun 1841, Newquay, Cornwall, England

Other Events and Attributes:

• Baptism: 10 Nov 1810, St Just in Roseland, Cornwall, England
• Census: 6 Jun 1841, Newquay, Cornwall, England
• Census: 30 Mar 1851, Village, Mawgan in Pydar, Cornwall, England
• Immigration: 12 Apr 1853, Port Phillip, Melbourne, Victoria, Australia
• Residence: 28 May 1853, Heidelberg, Victoria, Australia
• Witness: 28 Sep 1863, Carngham, Victoria, Australia
• Residence: 1875, Talbot, Victoria, Australia
• Residence: 1875, Mount Greenock, Victoria, Australia
• Residence: 1880, Mount Greenock, Victoria, Australia
• Residence: 1884, Mount Greenock, Victoria, Australia
• Residence: 1888, Mount Greenock, Victoria, Australia
• Residence: 1891, Mount Greenock, Victoria, Australia

Notes:

Star (Ballarat), Saturday 16 April 1859, page 2:
CATTLE STEALING.
Wm. Henry Shannon and Andrew Dixon pleaded not guilty to an indictment for steal ing certain cattle, the property of John Mountsteven, a dairyman at Buninyong. There was also a count for receiving.
Mr M'Dermott defended the prisoners.
The Crown challenged one of the jurymen, after which the Crown Prosecutor opened the case, Mr Dunne also appearing for the prosecution.
John Mountsteven deposed that he lost 15 head of cattle on Tuesday, 28th December last, among which was a red heifer. He rode about all day in search, and only found some next day. The red heifer was two years old, and red all over save the tail, which was white. The brand was M on the near side of the neck. He produced the horns which she wore, and which he took off her head when he found her head at a hut on Brown's road, about 3 miles from Nelson's waterholes. Knew the prisoners. Went to Dixon's hut with the police who examined the hut and found three large tubs of beef, two bags with beef, the pieces being from different animals. Beef also was found in a camp oven. They also found the heifer's head, unskinned. Both prisoners were there, Shannon only at first, and he said he lived there. Dixon also lived
there. The heifer was a particular pet of his and would answer to her name. He was perfectly certain of her identity. Never sold her. Cross-examined – Dixon is a splitter. The head of the heifer lay at some distance from the hut, and was not concealed at all. They said the skin was not there. Dixon said Shannon bought the heifer for £3 from some one, and that she was shot near there. Did not prosecute one M'Quirk for stealing. I gave evidence under subpoena.
Mary Mountsteven, prosecutor's wife, corroborated as to the identity of the heifer.
James Bolger deposed that he was a stock rider on Brown's run, Ross's Creek. He was out mustering cattle on the 28th December, and saw the prisoners at their hut. He was accompanied by Pedrana and King, and at the hut he found two other men, one a butcher who were calling out for the prisoners. The whip was cracked, and the prisoners came out of the bush in different directions. They told the butcher they did not want any beef as they had bought a heifer that had been shot convenient to the spot.
Witness examined the skin but saw no brand at first, but saw the M afterwards on the neck, Pedrana having said to him "take care that it isn't branded with an M." Prisoners showed the skin which was spread out except the part where the brand was. One of the prisoners said he thought that it was a long Yankee that had shot the heifer, aa he was practising on kangaroos.
His Honor remarked that it might be on the free selection principle.
Witness–Knew the man, bat did not think he was a Yankee.
Cross-examined–The prisoners said, two horsemen had claimed the beast as theirs when it was shot and sold it to them for £3.
One of the prisoners said the skin was unbranded. Could swear it was a heifer skin. Matthew King, a lad, deposed that he was a partner of the butcher King. He corroborated the previous witness.
Prosecutor recalled, said the market price of the heifer was £6.
Thomas M'Guirk deposed that he had seen two men near a beast that had been shot. Could not say who the men were. Conversed with the men, bat could not swear the prisoners were they. About a fortnight ago Shannon came to his hut and asked him if he remembered anything about a bullock affair. Witness said he saw a small beast dead, and two men with it, and a mob of cattle. Shan non said he was one of those men, and was in trouble about the beast, and if witness could swear he saw him pay some money for the beast, it would do him a good deal of good.
Witness said he could not do that as the beast was already dead. Shannon said then, "If you could only let it slip out that we paid £3 for the heifer it would do us good, and I could subpoena you to give evidence. Witness replied he could not, for he had given his address and evidence at the detective office. Witness was arrested last Tuesday week, or 4 or 5 days after the above conversation. Was a dairyman and farmer.
Cross-examined–Patrick Dunne is a dairy man, and is away Port Fairy way. James Irwin was with me when the above conversation took piece. He is here today. Prisoners said they had bought the heifer from a man down the creek. James Irwin exactly corroborated the witness M'Quirk.
Police constable John Kennedy deposed to the arrest of the prisoners, and corroborated the evidence of the prosecutor.
Mrs Dunne called, said she could not take an oath as she was the mother of four children and seven months gone with another. His Honor confessed that he had not heard such an objection raised before.
Mr M'Dermott said it was a frequent objection in Ireland. His Honor–And was the objection sustained by the Judges? Mr M'Dermott–Oh, no, your Honor. The Court generally respected the ladies' objections, and dispensed with their evidence. His Honor asked the witness if her objection arose from danger she feared for her anticipated offspring. Witness–(who appeared to be a not very bright specimen of rural womanhood)–Yes, that's what they told me. His Honor–You fear some harm ? Witness-Yes. His Honor–Would you consider a statement without oath binding on your conscience? Witness–Yes. His Honor–Oh, then that will do. Mr M'Dermott– Oh, I object to that, your Honor. The objection is a physical one and not a moral one. A man might as well object because his arm was broken. Or if your Honor takes her evidence, I beg you will take a note of my objection. Mr M'Creight intimated that he would rather withdraw the witness than have his Honor take a note of the objection. His Honor told the woman her objection was idle and superstitious, and attempted to reason her into willingness to take the oath, but she persisted, and said she would not take the oath unless forced to do so ; but would be willing to do so after her confinement. Mr Dunne remarked that the objection was held to be a serious one in Ireland, and the Crown Prosecutor said that rather than embarrass the Court he would withdraw the witness, and the woman accordingly left the box.
George J. Sheppard, clerk in the Superintendent of Police's office, deposed that he knew M'Guirk. Cross-examined–Shannon was discharged from the police force at the reduction in 1855. He bore a good character. Prisoners' attornies left at the office a description of two persons.
Prosecutor recalled by the jury, the other witnesses being ordered out of court, deposed that the brand M was a capital letter. The witness Bolger recalled, described on a piece of paper the brand.
The witness King recalled, did the same, and the descriptions agreed.
This closed the case for the Crown, and Mr M'Dermott proceeded to address the jury for the defence, dwelling upon the entire absence of all attempts at concealment on the part of the prisoners of the head and skin of the beast alleged to be stolen. It was shown that the heifer was shot, and yet no firearms or bullet mould or ammunition had been spoken of in evidence. All the improbabilities of the story for the prosecution went to confirm the probabilities of the simple account given by the prisoners. M'Guirk had been arrested on suspicion, and him the prisoners declared to be one of the two men from whom they bought the heifer. And where was Dunne, his mate? Why was he not produced? But more : if prisoners were guilty, M'Guirk was just the man to prove it, and yet Shannon had actually aided the detective police in finding out M'Guirk. The case resolved itself into the question whether it was more probable that the prisoners, splitters without horses and guns, had driven the herd of cattle and shot the heifer, or that M'Guirk and his mate, horsemen, and probably with guns too, had driven the herd and shot the heifer.
Robert Frazer called by Mr M'Dermott deposed that he was a slaughterman and had sold the prisoners some beef about the 28th December. Never saw a gun at their hut. Cross-examined–It was a heavy quarter of beef weighing 190 lbs that I left there.
William Clarke deposed that he knew the prisoners and their hut. Was there about the time the heifer was shot, but saw no gun there. The morning the heifer was shot prisoners were working about 250 yards off the road. Heard several shots go off about mid-day, and prisoners were then at work.
Thomas Phillips deposed that he was a cattle dealer on the Cherry Tree Flat. Had had dealings with Shannon for years, and had sold bullocks to him and his mates who slaughtered them at his (witness') place. Knew nothing about their place.
John Winter deposed that he knew the prisoner Dixon. Dixon lived in his employ over 18 months, and was an honest character. Would have a good idea of his roguery had he been a rogue.
John Strongman, a bushman, deposed that he knew prisoners. Never saw a gun or signs of one at their hut. Knew Shannon at home. They were honest hard-working men as far as he knew, he had lent them money and they had repaid him.
This closed the case for the defence, and Mr Dunne having replied for the prosecution, His Honor summed up at considerable length, testing the point of the case on the question whether or not M'Quirk's evidence was veracious. The absence of the man Dunne was to be much regretted, and he exceedingly regretted that, owing to some superstitious feeling, Mrs Dunne had not taken the oath and given some account of his absence. Indeed, he almost regretted that he did not compel her to take her oath, or commit her for contempt of Court; but it appeared that the superstition was a powerful one in Ireland, and he therefore acquiesced in the objection.
The jury retired to consider their verdict, returning into Court with a verdict of not guilty. NOLLE PROSEQUI The Crown entered a nolle prosequi in the case of the Queen v M'Guirk, for cattle stealing, and the prisoner (witness in the previous case) was set at liberty.


Avoca Mail, Friday 24 April 1874, page 2

CHRISTENING OF THE AVOCA HOUNDS.
The afternoon of Wednesday last was the occasion of a joyous little scene at one of the many picturesque spots in the valley at the base of the Pyrenees, that day having been appointed for the ceremonial of naming or christening of the young hounds of the pack taking its name from Avoca. Before the time appointed, 3 o'clock p.m., a goodly number of vehicles and equestrians made the road to Number One Creek quite gay. The day was lovely, a bright sun cheering up the landscape with a soft and yet cool breeze stirring the evergreen, although unquestionably monotonous foliage. On arriving at the destination, the kennels near the beautiful garden of Mr W. H. Ford, who has had the rearing and management of the pack, the proceedings commenced, and the young hounds, which were in splendid condition, and "as clean as pinks," were drafted into a spare kennel in couples at a time and appropriate names given them by ladies who were present, who besides giving a distinct charm to the occasion, seemed highly amused at the novelty of the undertaking. A vocabulary cf names having been looked up, including some well known in the old country, where hunting is a never dying source of genuine enjoyment, such as Rattler, Ran ger, Joy, Merrylass, Riot, Random &c., they were emphatically pronounced as the dogs appeared. It is unnecessary to give the whole of the. titles conferred on the nine and. a half couples, but indispensable to thank the ladies who gracefully and smilingly officiated and these were Mrs Buhlert, Mrs Trevena, Mrs Paten, Mrs McLean, Misses D. and M. Brown, Miss Trevena and Miss Johnstone. Libations of champagne were offered with an appropriate accompaniment of delicious fruit, and when the ceremony was over, and after a stroll in the attractive and well kept garden, and the reading of some lines written for the occasion by Mr J. Cooke, and spoken by him, the party returned to Avoca and other places well pleased with the events of the afternoon. Among those assembled was a thorough old sportsman from the West of England, Mr. Mounsteven, who had gone through many a run in his day, and whose judgment in pronouncing the kennel arrangement to be all that could be desired was not to be disregarded. Now that the season may be said to have fairly commenced, we trust there will be no lukewarmness shewn in supporting the gallant little pack, especially by those who enjpy the health-giving sport. There are of course some who do not understand it, and couldn't join in it if they did, as well as others who make it a point of carping, at anything and every thing, (and amazingly little regard has to be paid to the opinions.of the latter), but, in a somewhat vivid remembrance of genuine benefits conferred on any neighborhood where a pack of hounds is kept at Home, and in all sorts of directions, we trust to see the Avoca hounds long prosper as an institution of the district. We repeat that to the constant care, of Mr Ford, as well as to his experience very much credit is to be attached, and we may be allowed to conclude with a few: of the lines spoken at this very successful christening.—
" Thanks to ladies who gracefully answered the call.
And to Buhlert who keeps up the fun.
And success to the pack, and the Huntsman and all.
To the end of the season begun.
Let us keep to the faith of the country of old,
And rejoice in the heart stirring sounds,
For the love of the good sport can never grew cold,—
So long flourish Avoca Vale Hounds !"

John married Mary Stacey SMITH on 6 Dec 1852 in Stoke Damerel, Devon, England. Mary (daughter of William Stacey SMITH and Mary UNKNOWN) was born about 1827; died on 9 Apr 1883 in Clunes Hospital, Clunes, Victoria, Australia; was buried on 11 Apr 1883 in Amherst Cemetery, Amherst, Victoria, Australia. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 10 Nov 1810, St Just in Roseland, Cornwall, England
• Census: 6 Jun 1841, Newquay, Cornwall, England
• Immigration: 1849, Canada
• Census: 1881, Simcoe County, Ontario, Canada

Notes:

They emigrated to Canada in 1849 and took up a land grant first in the village of Coldwater, then sold it and bought a farm of 87 acres just northofthat village. He built a large house and barn and he and Margaret raised 7 children.

1881 Census of Canada:
Medonte, Simcoe County, Ontario, Canada.
Hender Mountstephen, gentleman, age 65, English, born England, Church of England
Margaret Mountstephen, age 53, English, born England, Church of England
John Mounstephen, lumberer, age 25, English, born Ontario, Church of England
Isabella Mounstephen, age 20, English, born Ontario, Church of England

Hender married Margaret MARTYN on 19 Aug 1847 in St Columb Minor, Cornwall, England. Margaret (daughter of Joseph MARTYN and Wife of Joseph MARTYN) was born before 1826 in Ireland; died in Simcoe County, Ontario, Canada. [Group Sheet] [Family Chart]

Other Events and Attributes:

• Baptism: 22 Mar 1814, St Columb Major, Cornwall, England