James Smith

  General Notes:

Marilyn Smith notes that he was a convict on the Indian in 1810

The Times 4th July 1809 pg 4.
OLD BAILEY
James Smith and Hutton White were capitally indicted for burglariously entering the dwelling house of Francis Sitwell Esq. with intent to steal therein.
It appeared from the evidence of a watchman that on the morning of 18th May last between 2 and 3 oclock, he was on his beat in Durweston St., and heard a loud crash, which proceeded from Mr Sitwell's house; thither he went, and saw the prisoner White come from the door. Witness desired him to stop but he ran away, and the witness, after pursuing him a considerable distance, overtook and secured him, with the help of another watchman. In the course of the prisoners flight, the witness heard something drop from him which he afterwards picked up and found to be a dark lanthorn; and also in the same direction, a knife, on which the prisoners name was engraved. Two other watchman, who joined in the pursuit of the prisoner Smith, corroborated the testimony of the preceding witness.
James Wall, a servant of Mr Sitwell's proved that he had fastened his masters doors on the 18th May at eleven at night and having been awakened by a noise about 2 the next morning, he got up and found the street door open, and a hole made in the pannel, wide enough to admit his arm, through which the bolt had been drawn back and the door unlocked.
The prisoners made no defence and were found Guilty. DEATH.
The Times 6th July 1809 pg 3 col e
OLD BAILEY, Wednesday July 5.
... The Calender having been gone through, the RECORDER proceeded, after admonition to the unfortunate prisoners, to pass sentence of death upon the following:-
James Browne for horse stealing; Thomas Bones for burglary; William Higgins for stealing in a dwelling house; William Lowe, Matthew Powell and James Marsden for similar offences; Hutton White and James Smith for burglary, William Lowe for returning from transportation before the expiration of his former sentence; John Warner for burglary; Henry Ravenscroft for forgery; William Jones alias Sinclaire alias Self for a like offence.
[Note. I checked the Times index under EXECUTIONS up to December 1810. There was no listing for the execution of either James Smith or Hutton White. In fact very few executions at all. There was no trial recorded for a James Smith on the 28th June 1809.]
A check of the Claim a Convict site shows that William Higgins and William Lowe also came out in 1810 on the "Indian". They were tried at Middlesex 1809 and received Life sentences.
Thomas Bones also received Life, came in 1811 aboard the "Admiral Gambier". Henry Ravenscroft came in 1813 aboard the "Earl of Spencer". His entry stated he was tried 1810 at Middlesex and received 7 years.
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James arrived as a convict, 16 December 1810 aboard the "Indian". He was tried at Middlesex Gaol Delivery on 28th June 1809 and was sentenced to Life and Transportation to Australia. Native place: Oxfordshire. Labourer. Height: 5 ft 6 3/4 ins. Brown hair, Hazel eyes, fair/pale complexion. Received Conditional Pardon 31 January 1816. 4/4430 Reel 774 page 098
SMITH, James. Per "Indian", 1810; of Parramatta
1818 Sep 10
Of Parramatta. On list of persons to receive grants of land in 1818 (Fiche 3266; 9/2652 p.46). [Have viewed this entry. Headed:"List of Free Settlers and Free Persons permitted to become settlers _ who are to have Lands located and measured for them in 1818."
James Smith, Residing at Parramatta, Recommended by Revd. Mr Marsden, 50 acres.
1823 Mar 21, Apr 2,19
Contractor for carriage of stores from Parramatta to Emu Plains. Re. replacement of a horse lost in the Nepean River with a horse from the Government Herds on 12 months credit (Reel 6058; 4/1771 pp.229b[i-vi]) Have copies.
To His Excellency Sir Thomas Brisbane, K.C.B.
Captain General, Governor, and Commander in Chief
& & &
The respectful memorial of James Smith
Shewth
That Memorialist, is one of the Contractors for the Land Carriage of Commissariant Stores from Parramatta to Emu Plains and also to Windsor -
That Memorialist whilst crossing the Nepean River with his Team, having Government Stores for Emu Plains, lost a Valuable Horse, for which he paid fifty five guineas -
That Memorialist having a Wife and five children, and his Chief Dependance - resting on his Team and not having the means of purchasing another Horse to complete his said Contract - respectfully submits his Case to your Excellency's most favourable Consideration trusting your Excellency will be pleased to allow him to take a Horse from the Government Herds - to be paid for at Twelve months credit, upon good and sufficient security and for such act of Benevolence-
Memorialist as in Duty bound will Pray.
New South Wales
21st March 1823
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To certify that a horse belonging to James Smith, one of the Contractors for the land carriage of Commissariant Stores to Emu Plains was drowned in the River Nepean on the 15th Day of March 1823
Peter Murdock.
Emu Plains
2nd April 1823
?
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To His Excellency, Sir Thos Brisbane KCB, Captain, General Governor.
& & &
The respectful memorial of James Smith
& & &
Mr Wemyss will give him some money in advance.
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19 April 1823
Honored Sir,
The Bearer James Smith having yesterday morning waited upon his Excellency the Governor for answer to Memorial as said before His Excellency = And His Excellency was kindly pleased in answer through the medium of his Aid de Camp to order me to apply to your Honor to receive an order for a horse as his Excellency has spoken to your Honor upon the subject = I beg leave to observe that my horse was drowned at Emu River thro' the neglect of a man I entrusted to convey a Load of Flour to that station = Leaving myself and my family in great distress and which distress His Excellencys Humanity has kindly Relieved by this grant.
???? Honors Early Attention is Humbly Solicited
By Sir
Your Obedient & Humble Servant
James Smith
Sat. Mar 7? Gov. Carrier of Stores
Apr 19 to Windsor and Emu.
1823
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1824 Aug 29
Memorial (Fiche 3110; 4/1839B No.909 pp.771-4)
Septr 1824 To His Excellency Sir Thomas Brisbane K.C.B.
Captain General Governor and Commander in Chief of the Territory of New South Wales and its Domains
& & &
The Humble Petition of James Smith
Shewth
That your Excellencys Petitioner arrived in this Colony in the ship Indian - [Barcley Master] 1810 under sentence of Transportation for Life and by morality and good conduct received a Conditional Pardon in the year 1816.
Petitioner begs Leave to observe to your Excellency that in 1817 Petitioner received a farm of Fifty acres which is principally in Cultivation and having at this time seven children to support Humbly Solicits your Excellency for the Indulgence of a additional Grant of Land to enable him to maintain his family. And petitioner pledges himself to conform to the regulations as specified by the General Orders = And petitioner as in Duty bound ever pray.
Parramatta NSW 29 August 1824
This Petitioner is a very industrious man - has a small family to maintain and will I have no doubt improve any Land he may have granted to him to the best of his power?
Saml Marsden
Town Chaplain.
John Campbell J. P.
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1824 Sep 21
Innkeeper. Recommending that favourable considerable be given to Daniel Jackson's petition for a ticket of leave (Fiche 3241; 4/1872 p.61b)
We the undersigned most repectfully beg leave to recommend to your Excellency's humane consideration, Daniel Jackson, a Prisoner of the Crown per ship Somersetshire, who is a married man with an infant family, and has been a resident in the Town of Parramatta for upwards of Eight years and during the whole period conducted himself with the greatest propriety and is to our certain belief an honest sober and industrious man.
Signed: John Eyre - Coronor, William White - Wheelwright, Willm Batman - Merchant, James Smith - Surveyor, John Hodges - Lo? V? Grazier, Charles Walker - Inn Keeper, Thos Reynolds - Master Shoemaker, Matthew Pigott - Schoolmaster, James Smith - Inn Keeper, William Bennett - Baker, Willm Wicks - Inn Keeper, Fr Peisley - Inn Keeper, Rd Farrington - Lo? V? was? Grazian?
True Copy
Robt Crawford.
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1828 Census Parramatta, NSW
James SMITH, age 53, Conditional Pardon, "Indian", 1810, S. Life. Protestant. Hotel Keeper.
Elizabeth , wife, 35, Free by Servitude, "Friends", 1812, S. 7 years.
James, 16, Born in Colony
Mary, 15, Born in Colony
Sophia, 13, Born in Colony
Sarah, 11, Born in Colony
Elizabeth, 9, Born in Colony
Jane, 4, Born in Colony
William, 6 months, Born in Colony.
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SYDNEY GAZETTE 27th November 1823.
Commissariat Office _ Sydney 25 November 1823.
The following Tenders being at the lowest Rates offered, are accepted and published for the Information of all concerned: The offers of those whose Names do not appear in the Gazette are to be considered rejected. William Wemyss _ Deputy Commissary General.
LAND CARRIAGE. PARRAMATTA AND LIVERPOOL.
James Smith and Thomas Miller ... 5 1/2 d per 112 lb and if Back Carriage, 4d each way; with 2d additional from Newington Salt Pans.
[N.B. Thomas Miller came on the "Indian" 1810 with James.He was also a Government carrier]
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SYDNEY GAZETTE. 11th March 1824.
CONVEYANCE TO BATHURST.
James Smith and Thomas Fuller of Parramatta, beg leave to inform the Public that they propose Starting, on the first Monday of each Month, for the purpose of conveying Parcels, Letters &c. to Bathurst; and having been carriers for the past 10 years and conducting themselves with every proprietory, engage to reach Bathurst, if with Passengers, in four days and if with luggage, in five days and return from Bathurst to Parramatta in the same time; and they trust, that by their attention and integrity to the safe delivery of Articles entrusted to their Charge, to merit the Support of the Public in this Undertaking. All goods and letters for Bathurst, to be left at James Smith's, White Hart, Marsden Street, Parramatta and at Bathurst, at Mr Coates or Mr John Blackman's, Chief Constable, with Inventory of Articles each Parcel contains and if a full load from Sydney, no Advance on Carriage; by giving a few Days Notice, All Parcels, &c. insured for safe Conveyance, and satisfactory Reference to be had of Mr Alexander Still of Bathurst. The following is the Rate of Prices.
For every 100 Pounds Weight, 20s.
For a Parcel under 50 Pounds, 3d per lb.
For a Letter, 1s.
For Money, 10 per Cent.
For each gallon of spirits, 2s.
For passengers, 20s each.
N.B. A comfortable Tilt for Passengers.
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Sydney Gazette. Thursday 4th August 1825.
MR JAMES SMITH, Cross Keys, Parramatta, begs Leave to announce to his Friends and the Public in general, his Appointment to act as VENDUE MASTER for the above District; where he intends opening a Weekly Sale and Commission Rooms, upon a Scale equally beneficial to Purchasers, as well as to those who may be pleased to entrust him with their Favours.
Sale Day every Wednesday, to commence on the 23rd of August. Any Articles remaining unsold may be purchased for the Remainder of the Week, at the average Rate of the Sale.
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SYDNEY GAZETTE. 6th September 1826.
Church Street Parramatta _ September 4th, 1826.
Mr James Smith, VENDUE-MASTER, begs leave to return his sincere Thanks to his Friends and the Public for the Patronage he has already received, and respectfully begs leave to inform his Friends and the Public, that he intends to have an Auction, every Wednesday, at his Auction Mart, at the Cross Keys, Church Street, Parramatta for the Benefit of the Inhabitants and neighbouring Settlers, when every Article will be sold as cheap as can be brought in the Capital for ready Money ... Every Attention Paid to Goods left to be Sold on Commission.
Mr James Smith engages to pay his Employers the Proceeds of the Days Sale in One Hour after the sale is closed.
N.B. Fat Pigs taken in Payment for any Purchase that is made.
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Sydney Gazette. Monday 15th January 1827.
PARRAMATTA... WORTHY THE NOTICE OF SETTLERS.
BY MR. JAMES SMITH.
At his premises, the Sign of the Cross Keys, on Friday and Saturday, the 19th and 20th instant, at 11 o'clock, each Day precisely, on Account of the Number of Lots,
A QUANTITY of London made BULLOCK HARNESS, young hyson and hyson skin, tea, coffee, sugar, shag tobacco, a quantity of tether rope, Madeira wine in casks, blue gurrahs, calicoes, sheeting, baftas, shirting, slop shirts, superior salt pork in lots of 112lbs. each, rum in lots of 5 gallons each, English pickles, damask table cloths, blue handkerchiefs, coloured ditto, shawls, soap, English prints, checks, black silk handkerchiefs, velevteen, cordurey, &c, &c.
Conditions. Payment to be made in Dollars, at 4s 4d or good Storeable Wheat at 6s 6d per bushel, sound Maize at 4s or Pigs at 5d per pound, alive.
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Sydney Gazette, Friday 28th November 1828
CLASSIFIED ADVERTISEMENTS
James Smith of the Cross Keys, Church St., Parramatta, begs to return his sincere thanks to his numerous Friends and the Public, for the Patronage he has already received at their hands and hopes still to merit their future favours. J. S. begs to inform the Public that any Property sold by him, the proceeds of such Sales will be handed over to his Employer, within two housr after close of the Day's Sale, if required.
J. S. feels it a duty he owes to himself and Family, lest any unfavourable impression may be made on the minds of the Public, to declare, that he has never applied for the Benefit of the In-st Act, nor has he any occassion to do so as long as he continues to receive the Favours of a generous Public.
P.S. James Smith lives where he did, at the Cross Keys, Church Street. 20th November 1828.
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Sydney Gazette. Tuesday 2 June 1829.
FOR SALE, by Public Auction, on the Sixth Day of June next, unless previously disposed of by Private Contract.
1. A Weather Boarded House, with about 34 Rods of Ground, the whole well fenced in, situated in Hunter-street, adjoining Mr. Bennett's, the Baker.
2. A Corner Allotment of Ground, situated in Argyle-street, (having two fronts), the other in O'Connell-street, adloining Mr Wick's, Shopkeeper, containing about 30 Rods, more or less, well fenced in.
3. An Allotment of Ground situated in Argyle-street, about 20 Rods, adjoining Mr Wick's premises, fenced in.
4. An Allotment of Ground situated in Argyle-street, about 20 Rods or more, with a good Water-hole, well fenced in, adjoining the above Allotments and Mr Wick's premises.
Further Particulars made known upon Application to Mr James Smith, Cross Keys, Parramatta, Auctioneer, or to Mr William Wicks, O'Connell-street, Parramatta.
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Smith, James, age 52 Quality or Profession: Free, Publican. Abode: Parramatta. Buried 28 Aug 1829 at St. Johns Parramatta. Rev. S. Marsden. V1829 8643 2c and V1829 1003 13.Film 5003.

  Noted events in his life were:

• connection. Marilyn Smith's connection to Les is as follows:
Marilyn Matthews (1947) married James Smith (1945)
Her father is George Matthews (1920) who married May Edmonson (1918)
Her father was Henry Edmonson (1888)
His father was Henry Edmonson (1862)
His father was Christopher Edmonson (1836) who married Eliza Burton (1836)
Her father was James Smith (c1775) & he also had Sophia Smith (1818) who married Thomas Doling (1799)
They had Elizabeth Doling (1836) who married John Vickery (c1830)
They had Maria Vickery (1854) who married Peter Brien (1857)
His father was John Brien (1823)
His father was Daniel Brien (1769) & he also had Sarah Jane Brien (1825) who married Benjamin Warby (1825)
His father was also Benjamin Warby (1805)
His father was John Warby (c1767) & he also had Elizabeth Warby (1802) who married James Layton (1804)
They had Eleanor Layton (1821) who married James Keighran (1808)
They had John Joseph Keighran (1845)
He had Joseph William Keighran (1879)
He had Leslie William Keighran (1904)
He had Mary Keighran (1927) who married Mervyn Collins (1925)
They had Les Collins (1950) who married me Robyn Bray (nee Davies) (1950)

James married Elizabeth Holland on 6 Aug 1812 in St Johns, Parramatta, Sydney, NSW Australia. (Elizabeth Holland was born circa 1789, died on 10 Nov 1846 and was buried on 12 Nov 1846 in Bunnerong, NSW Australia.)