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John TRETHEWIE

Abodes     Aliases     Baptism     Birth     Burial     Children     Death     Description     Doing the Time     Education     Freedom     Immigration     Marriage 1     Marriage 2     Occupations     Property     Siblings     Religion      Transportation    Trial     Will

Birth

c1799
St Stephen in Brannel
Cornwall, England

to
Samuel TRETHEWIE
and
Jane BRYANT

Baptism

(unknown)

Death

18 October 1874
St Leonards, TAS

of
enlargement of the liver

aged
about 75 years

(more information)

Burial

20 October 1874
St Leonards, TAS

(more information)

Marriage 1

2 December 1817
St Stephen in Brannel
Cornwall, England

to
Mary HAWKEY

Marriage 2

20 January 1871
Launceston, TAS

to
Mary Ann FISHER

Children

John TRETHEWIE
(c1818 - 1912)

Mary TRETHEWIE
(1819 - 1839)

Grace Jane TRETHEWIE
(1821 - 1892)

Caroline TRETHEWIE
(1822 - 1843)

Elizabeth TRETHEWIE
(1825 - 1862)

Juliana TRETHEWIE
(1833 - 1837)

Siblings

Jane TRETHEWIE
(c1797 - ???)

Samuel TRETHEWIE
(1798 - 1878)

Mary Bryant TRETHEWIE
(c1801 - ???)

Elizabeth TRETHEWIE
(c1803 - bef 1808)

George TRETHEWIE
(c1804 - ???)

George TRETHEWIE
(c1806 - ???)

Elizabeth Curnow TRETHEWIE
(1807 - 1889)

Charles TRETHEWIE
(c1813 - ???)

Blanch Hendra TRETHEWIE
(c1815 - 1815)

Mary Blanch TRETHEWIE
(1817 - 1888)

Education

literate

Occupations

1835 - farmer at Carloggas

1842-1843 - farm labourer

1852 - farmer

1862 - gentleman

1874 - farmer

Property

Inheritance from Uncle George

farm - Curraghmore, White Hills, TAS
(purchased 1852)

house - St Leonards, TAS

(more information)

 

Abodes

1799-1835 - St Stephen in Brannel, Cornwall, England

1837 - St Leonards, TAS

1842-1843 - Trevallyn, TAS

Darleymoor, St Leonards, TAS

1852 - Curraghmore, White Hills, TAS

1858 - St Leonards, TAS

1874 - St Leonards, TAS

(more information)

Immigration

per Indian

28 December 1843
to Launceston, TAS

(more information)

Will

20 March 1874

(more information)

Aliases

John TRETHEWY

John TRETHEVIE

John TRITHEWER

Trial

5 January 1836
Bodmin Quarter Sessions
Cornwall, England

for
stealing

sentenced to 
7 years transportation

(more information)

Description

from convict records

(more information)

Transportation

per Henry Porcher (3)

departing Portsmouth
4 August 1836

arriving Tasmania
15 November 1836

(more information)

Doing the Time

1836 - 1841
(5 years of 7)

(more information)

Freedom

Ticket of Leave
23 October 1840

Conditional Pardon
number 3560
18 November 1841

Free Certificate
5 January 1843

(more information)

Religion

Wesleyan Methodist

(more information)

 

Abodes

In the census taken on 2 January 1843, John was listed as the head of house of an unfinished wooden residence at Trevallyn belonging to Adam BENERIDGE.  John was described as the person in charge of the household of ten single males (including himself), all aged between 21 and 45 years.  They had all been at this residence on the night of the 31 December 1842.  Three of the residents were free - two had arrived free and one other was free (likely to have been John) - and seven were bonded - one was holding a Ticket of Leave and the other six were in private assignment.  Two worked as "shepherds and others in the care of sheep", seven worked as "gardners, stockmen and persons employed in agriculture" and one was an "other person not included in other classes".  It is likely that John was the overseer of this motley crew who were servants (either bonded or free) of BUTTON and WADDLE.

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Burial

John was buried at the Methodist Church in St Leonards known as the Paterson’s Plains Chapel, for which he had provided the land.  The tombstone inscription reads:

Sacred
to the memory of
Mary
wife of J. Trethewie
who died April 16th 1862
aged 64
Also Elizabeth Keast
Daughter of the above
Who died in America March 14th 1862
Aged 37 years
Also
William George Trethewie
Grandson of the above
who died August 9th 1848
Aged 2 years
Also
John Trethewie
Husband of the above
Who died October 18th 1874
Aged 75 years
Their aid was ware

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Death

John died on 18 October 1874 aged 75 years at his residence at St Leonards.  He died of enlargement of the liver.  His death certificate was issued by William Hills, undertaker.  His death was registered the following day on 19 October 1874.  John was listed as being a farmer at the time of his death.  His death notice in The Examiner on 20 October 1874, read:

TRETHEWIE – At his residence, St Leonards, on Sunday, 18th October, Mr John Trethewie, after a long and painful illness, which he bore with Christian resignation, aged 75 years.  (Cornwall and Ohio papers please copy.)

Asking Cornwall and Ohio papers to copy the notice would have been in order to inform relations “back home” in Cornwall and John’s daughter Elizabeth’s family in the US (presumably they were living in Ohio). 

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Description

According to Smith (2002, p2), “John Trethewie came from a good farming family and was well educated.”  According to his convict records, he was a farmer experienced with sheep.  He was only 5’ 3 ½” tall.

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Doing the Time

John was assigned in the Launceston area when he arrived, and is recorded as being in charge of a block of land at St Leonards in 1837 (Smith, 2002).  

On 4 September 1841, John was holding a travel pass (no. 300) and working for BUTTON & WADDLE, whilst living at Trevallyn (CON 82/1).  John was still working for BUTTON and WADDLE and living at Trevallyn at the very beginning of 1843 when the census was taken on 2 January 1843 (CEN 1/68 pp115-116). 

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Freedom

Government Notice No.280 from the Colonial Secretary's Office dated 23 October 1840, appeared in the Hobart Town Gazette on 30 October 1840.  It read:

Tickets of Leave have been granted to the following convicts; viz.

1002   John Trethevie, Henry Porcher

John received his Conditional Pardon on 18 November 1841.  Government Notice No. 314, issued from the Colonial Secretary’s Office on 19 November 1841, and printed in the Hobart Town Gazette the same day, read:

Memoranda of Conditional Pardon have been issued for the following persons until Her Majesty’s pleasure be known:-

1002  Trithewer, John, Henry Porcher

Even though John had gained his conditional pardon, he would not have been free to  return to England until he received his Free Certificate on 5 January 1843, three days after the 1843 census when John was listed as an other free person (meaning he had his conditional pardon).  Government Notice No. 331, issued from the Colonial Secretary’s Office on 24 December 1842 and printed in the Hobart Town Gazette on 30 December 1842 read:

The periods for which the under-mentioned persons were transported expiring at the date placed after their respective names, Certificates of their Freedom may be obtained then, or at any subsequent period, upon application at the Muster Master’s Office, Hobart Town, or at that of a Police Magistrate in the interior:-

Henry Porcher
1002  Trethewie, John, 5th January 1843

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Immigration

Some time after receiving his Free Certificate, John returned to England to bring out his wife and children.  By this time, however, Juliana had died in Cornwall just shy of four years old on 20 august 1837, Mary had died aged 20 years on 9 January 1839 in Cornwall and Elizabeth was getting ready to marry John KEAST in 1844 at Guernsey and would go to live in America to have a large family.

On 28 December 1843 (or 1 January 1844) John, aged 44 years, arrived in Launceston per Indian with his family, including his wife Mary, his son John and his wife Frances (Fanny), aged 20 years, and his daughter Grace, aged 22 years, as cabin passengers.  Caroline had died at sea during the voyage about November 1843, aged 21 years. 

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Property

According to the Valuation Rolls for the district of Launceston for 1858, John owned and occupied a house at Patterson’s Plains on four acres of land valued at £25 annually.  He also rented a house and garden on five acres of land (valued at £25 annually) from John COPE.  According to the Valuation Rolls for the district of Morven for 1858, John owned and occupied 215 acres of agricultural land at White Hills valued at £215 annually.

In the 1868 and 1874 Valuation Rolls for Selby, John still owned and occupied the house on four acres as St Leonards but was no longer renting the house and garden from John COPE.  However, he also owned less than one acre of land at Mount Esk with an annual value of £2, which at both times was vacant, and a vacant house at St Leonards on less than one acre, with an annual value of £9 or £10.

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Religion

In the 1843 census return, all ten men but one, who was a Wesleyan Methodist, were Anglican.  It is likely that John was the Wesleyan Methodist.

According to Von Stieglitz (1948), the Methodist Church at St Leonards was built in 1846 on land which was the gift of Mr John TRETHEWIE and the bible which he gave at the time was still used in the old church in 1948.  

Also according to Von Stieglitz (1948), shortly after the Methodist Church building was completed, Mr TRETHEWIE died and his was the first burial in the new cemetery.  

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Transportation

John was transported per Henry Porcher (3).  He was embarked at London on 14 July 1836.  The ship sailed from Portsmouth on 4 August 1836, arriving in Tasmania 103 days later on 15 November 1836.  John was not put on the sick list or listed in the sick book for the voyage, so it can be assumed that he stayed relatively healthy throughout the voyage.

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Trial

John was tried at the Bodmin Quarter Sessions, Cornwall on 5 January 1836 for two counts, as recorded in the order book.  Firstly:

John Trethewie late of the Parish of Saint Martins by Looe in this county, Laborer, was at this sessions indicted, tried and convicted of feloniously stealing one sow pig of the value of twenty shillings, of the proper goods and chattels of Simon Hill.  It is therefore ordered that for the said offence, He, the said John Trethewie, be transported to such parts beyond the Seas, as his Majesty, by and with the advise of his privy council, shall direct for the term of seven years.

Secondly:

John Trethewie late of the parish of Saint Germans in this county, Laborer, was at this sessions indicted and tried for feloniously stealing one ox of the value of five pounds, of the proper goods and chattels of John Oliver, and acquitted by the county.

Thus, John was sentenced to 7 years transportation for stealing a pig worth twenty shillings.  Simon HILL stated that he had lost the pig the previous June and found it in the possession of Mr HARVEY, an innkeeper of Bodmin.  HARVEY told HILL that he had bought the pig from John TRETHEWIE.  John’s witnesses stated that the pig Mr HARVEY had was not HILL’s lost pig, but simply a fairly identical one. 

Smith (2002) puts forward an alternative explanation:

Another explanation could be that the pig had been annoying John Trethewie for some time and he took the opportunity to get rid of it.  John was thought to have been fairly hot headed and a degree of eccentricity had shown up in other family members, particularly his brother Samuel who later immigrated to America and whose wife later returned home to England because he was impossible to live with.

Elsewhere, Smith (2002, p8) hypothesises:

As he was a member of a well to-do family, this may have been an exuberant but eccentric prank, or as one witness at his trial stated, a miscarriage of justice as the pig was never correctly identified as belonging to the other person.

Smith (2002, p8) states elsewhere that:

John Trethewie is reported to have shown signs of the hereditary manic depressive condition displayed by his grandmother Blanch Hendra and which also was note in other members of the family. 

Smith (2002) also states that John apparently was a bit of a problem on the prison hulks anchored at the Thames, yet his hulk report was good.  However, his gaol report was not good – he was documented as being a dissolute character.  However, it was also documented that his connections were very respectable.  So perhaps, it was whilst in gaol awaiting transportation to the hulks that his character was bad.

John must have been imprisoned on a hulk prior to embarkation per Henry Porcher.  His hulk report was given as good.  On the voyage, the Surgeon Superintendent gave him a report of very good.  This all seems to contradict the note about his being a “dissolute character”.

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Will

When John died, his estate was valued at £2,850.  The probate (number 1743) and text of John’s will last will and testament is given below.  Notes in the margin stated: “H. DOBSON for Douglas Collins Proctors 22/08”.

Probate
of
The last will and Testament
with one Codicil
of
John Trethewie (the elder)

In the Supreme Court of Tasmania, Ecclesiastical Jurisdiction.

Bet it known unto all Men by these Presents that on the thirteenth day of January in the year of our Lord one thousand eight hundred and seventy five the last Will and Testament with one Codicil thereto of John Trethewie the elder late of St Leonards near Launceston in Tasmania Gentleman deceased who died on or about the eighteenth day of October one thousand eight hundred and seventy four at St Leonards aforesaid ( a true copy whereof is hereunto annexed) was exhibited and proved before this Honorable Court at that Administration of all and singular the goods chattels rights credits and effects of the said deceased within the Island of Tasmania and the Dependencies thereof was and is hereby committed to William Hart of Launceston aforesaid Ironmonger and Thomas Smith of St Leonards aforesaid Butcher the executors in the said Will named.  They the said William Hart and Thomas Smith having been first sworn well and truly to perform the said Will and Codicil by paying first the debts of the said deceased and then the legacies therein bequeathed so far as the estate shall thereunto extend and the Law bind them and to make and exhibit unto this Honorable Court a true and perfect Inventory of all and every the goods chattels rights credits and effects of the said deceased on or before the thirteenth day of July now next ensuing and to render a just and true account of their executorship when they shall be lawfully called thereunto.  And further that they believe the goods chattels rights credits and effects of the said deceased at the time of his death did not exceed in value the sum of two thousand eight hundred and fifty pounds in Tasmania and the Dependencies thereof.

Given under my hand and the Seal of the Supreme
Court of Tasmania this nineteenth day of January in
the year of our Lord one thousand eight hundred and
seventy five.
By the Court
Geo Browne
Acting Registrar

Seal of the Supreme Court of Tasmania affixed.

This is the last will and Testament of me John Trethewie the elder of St Leonards near Launceston in Tasmania Gentleman whereof I appoint William Hart of Launceston aforesaid Ironmonger and Thomas Smith of St Leonards aforesaid Butcher trustees and executors.  I give each of them the said William Hart and Thomas Smith who shall accept the Offices of trustee and executor the sum of fifty pounds as a slight acknowledgement of the trouble he will have in acting under the trusts of this my will.  I bequeath to my dear wife Mary Ann Trethewie all my household furniture books pictures consumable stores chattels and effects which shall be in and about the dwelling house wherein I may reside at the time of my decease and I devise to my said wife all that piece or parcel of land situate at St Leonards aforesaid and bounded in front by the mill lane forty seven feet or thereabouts at the back by other land belonging to me forty seven feet or thereabouts on one side by land belonging to Henry Reid one hundred and ninety two feet or thereabouts and on the other side by land belonging to me one hundred and ninety two feet or thereabouts for her absolute use and benefit.  I devise to my trustees all that my house land and premises situate at St Leonards aforesaid wherein I now reside together with the four acres of land leased to Mr Wesley Horatio Westbrook upon trust to permit my said wife to use and occupy the same for three months after my decease and thereafter upon trust to pay the rents issues and profits thereof to my son John Trethewie for and during the term of five years but so that during the said term my son shall not have power to anticipate the receipt of the said rents thereof or to sell mortgage charge or otherwise dispose of the said property.  And from and after the expiration of the said term upon trust for my said son his heirs and assigns for ever.  I devise to my said trustees all that my land and premises situate at Hadspen in Tasmania aforesaid bounded as described in Certificate of Title Vol XIV Fol 192 upon trust to pay the rents issues and profits thereof to my grand-daughter Mary Hardman the wife of Thomas Hardman of the White Hills in Tasmania aforesaid farmer during her life for her sole and separate use and benefit free from the debts control or engagements of her present or any future husband with whom she may intermarry without power of anticipation and her receipts alone notwithstanding coverture shall be sufficient discharges to my said trustees for the same and from after her decease upon trust for the eldest son of the said Mary Hardman who shall be living at the time of her decease and shall attain the age of twenty one years his heirs and assigns for ever.  I devise to my said trustees all that my allotment of land situate at St Leonards aforesaid fronting the Wesleyan Chapel and purchased by me from Mr James Scott upon trust to convey the same to such persons as trustees who may be nominated by the Superintendant for the time being of the Launceston Circuit in connection with the Wesleyan Methodist Society upon their first erecting thereon a suitable building as a residence for the Wesleyan Minister who  may officiate at St Leonards aforesaid or as a residence for superannuated Ministers of the Wesleyan Methodist Society provided such residence as aforesaid is erected within seven years after my decease.  I direct that if no such residence as aforesaid is erected within seven years after my decease my said trustees shall hold the said land upon trust for my son John Trethewie his heirs and assigns forever.  I devise all the residue of the real estate to which I shall be entitled at my decease (except estates vested in me as a trustee or mortgagee) and I bequeath all the reside of the personal estate to which I shall be entitled unto and to the use of the said William Hart and Thomas Smith their heirs executors administrators and assigns respectively according to the nature of the property upon trust as to my said residuary real estate to convey and get in the same to my said son John Trethewie his heirs and assigns fore ever and upon trust as to my said residuary personal estate to sell so much thereof as shall be of a saleable nature by public auction or private contract as my said trustees shall think expedient and to convert and get in the rest of my said residuary personal estate and to stand possessed of pay apply and dispose of the net monies to arise from my said residuary personal estate upon the trusts hereinafter described concerning the same (that is to say) after retaining and paying the … all my just debts funeral and testamentary expenses upon trust to set apart the sum of one thousand two hundred pounds and invest these upon real or Government securities in Tasmania with power from time to time to vary the same into or for other securities of a like nature and to pay the interest dividends and annual produce arising therefrom to my said wife for her sole and separate use and benefit free from the debts control or engagements of any husband with whom she may intermarry and her receipts alone notwithstanding coverture shall be sufficient discharges to my said trustees for the same and from on after the decease of my said wife.  I direct my said trustees to pay the said sum of one thousand two hundred pounds or transfer the securities whereon the same may be invested to my said son John Trethewie his executors administrators and assigns absolutely.  I direct my said trustees out of the residue of my personal estate to pay to my daughter Grace Jane Angel the wife of William George Angel of Launceston aforesaid Gentleman during her life an annuity or yearly sum of eight pounds by equal … payments to commence from the day of my decease for her sole and separate use free from the debts control or engagements of her said present or any future husband with whom she may intermarry and her receipts alone notwithstanding coverture shall be sufficient discharges for the same and I authorise my trustees to pay and transfer the residue of my personal estate to my said son John Trethewie his executors administrators and assigns and upon the decease of my said daughter I direct my said trustees to pay the sum which may have been invested by them for the purpose of paying the said annuity or transfer the securities whereon the same may be invested to my said son John Trethewie his executors administrators and assigns absolutely.  I declare that the … of my trustees shall be sufficient discharges for all moneys paid to them by virtue of this my will and that no person paying such moneys shall be liable to see to the application or be answerable or accountable for the loss misapplication or nonapplication thereof.  I devise to my said trustees all estates vested in me upon any trust or by way of mortgage subject nevertheless to the trusts and equities affecting the same … ….  And I declare that the expression “my said trustees” used by me in this will shall be considered as comprising and referring to the trustees or trustee for the time being of this my will.  I declare that if any said trustees herein named or either of them shall disclaim or if either of them or any trustees or trustee to be appointed under this clause shall die or decline or become incompetent or unwilling tot act as trustees or trustee of this my will it shall be lawful for the trustees or trustee for the time being of this my will competent to act whether disclaiming or declining further to act or not or if none for my executors or administrators for the time being or either or any of them by any investment or instrument or instruments in writing to appoint any person to be a trustee or trustees in the place of the trustee or trustees disclaiming dying or declining or becoming incompetent or unwilling to act.  I also declare that every trustee of my will shall be responsible for so much money only as shall come to their respective hands notwithstanding he may have signed any receipt for the sake of conformity and shall be chargeable only to the extent of his own acts and shall be exempt from responsibility for involuntary losses and shall be entitled to retain and allow to his cotrustees all disbursements and expenses incident to the execution of the trusts of this my will.  And lastly I revoke all wills heretofore made by me and declare this only to be my last will and testament.  In witness whereof I have signed my name at the end of this my will contained in this and the two preceding sheets of paper this twentieth day of March one thousand eight hundred and seventy four.

Signed by the said testator John Trethewie the elder as and for his last will and testament in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses.

John Trethewie (March 20th 1874)
Archibald Cooke
Charles Standage

This is a codicil to the last will and testament of me John Trethewie the elder of St Leonards near Launceston in Tasmania Gentleman which will bears date the twentieth day of March one thousand eight hundred and seventy four.  Whereas I have by my said will directed my said trustees in my said will named out of the residue of my personal estate to pay to my daughter Grace Jane Angel during her life an annuity or yearly sum of eighty pounds in the manner directed by my said will now I do hereby direct that in case my said residuary estates should prove insufficient to enable my said trustees to set apart a sufficient sum of money to provide for the payment of such annuity to my said daughter Grace Jane Angel after making the several other payments directed by my said will then my said trustees shall invest such sum of money as may be in their hands (after making such payments as aforesaid) upon the securities mentioned in my said will and pay the interest dividends and annual proceeds of such sum of money to my said daughter Grace Jane Angel (but in no case to exceed eighty pounds per annum) during her life for her separate use free from marital control.  And in all other respects I ratify and confirm my said will.  In witness whereof I have hereunto set my hand this seventh day of August one thousand eight hundred and seventy four.

Signed by the said testator John Trethewie the elder as and for a Codicil to his last will and testament in the presence of us present at the same time who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses.

John Trethewie
Archibald Cooke
Charles Standage

Testator died 18th October 1874

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