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<strong>RICHARD</strong> <strong>RUSH</strong><br />

1799-1846<br />

We know from the first two editions of “A Humble Beginning” that<br />

Richard Rush was born on 20 th February 1799 in a village<br />

called Orsett, in Essex, England. He married Maria Steel on<br />

the 5 th of October 1819. We also know that Maria died on 22 nd April<br />

1827, either during or shortly after the birth of John George.<br />

Little else was known about Richard Rush prior to his arrival in the Hutt<br />

until early in 1842 when he married the recently widowed Cecilia<br />

Rodgers.<br />

Convicted<br />

However, we have now dis<strong>co</strong>vered that Richard Rush was in fact a<br />

<strong>co</strong>nvict who was tried and sentenced at the January 1832 Quarter<br />

Sessions i in Chelmsford (just north of Aveley) for Larceny, the offence<br />

being “pig stealing”. Richard’s occupation (trade or calling) on his<br />

Convict Transcript states “ploughs, reaps, milks, sows”, which means he<br />

was probably an agricultural labourer living on a landowner’s property,<br />

and working on the farm.<br />

Conditions in England<br />

In an effort to understand why Richard was forced to turn to crime to<br />

feed his family, we read the recently published book “The Immigrants” ii ,<br />

where the author states that large numbers of the rural poor were forced<br />

to live at starvation level. William Cobbett, who quartered the<br />

<strong>co</strong>untryside on horseback in the 1820s, wrote:<br />

“The labourers seem miserably poor. Their dwellings are little better<br />

than pigbeds and their looks indicate that their food is not nearly equal<br />

to that of a pig. Their wretched hovels are stuck upon little bits of<br />

ground on the roadside… In my whole life I never saw human<br />

wretchedness to equal this …”<br />

Essex was a fertile farming area on the north bank of the Thames River,<br />

north east of London, with a population in 1821 of 289,424. But by the<br />

1830s, desperate and hungry people were finding extralegal means of<br />

eking out their existences. Rural crime rates were linked to the<br />

relationship between wages and good harvests, and in 1829, Sir Robert<br />

Peel established England’s first police force in effort to stem the rising<br />

tide of crime and violence. It was also the period during which<br />

transportation for criminal offences was greatly extended, and by 1831,<br />

34% of those <strong>co</strong>nvicted at assizes were being sentenced to<br />

transportation. Most of the crimes <strong>co</strong>mmitted at that time were crimes<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

1 August 2001


against property. In towns and in metropolitan London theft, fraud and<br />

picking pockets were favourites; in the <strong>co</strong>untryside, it was more likely to<br />

be poaching.<br />

The failed harvests of 1829 and 1830 and poor weather during the<br />

autumn of that year saw spontaneous and widespread rural protests,<br />

with the <strong>co</strong>nsequent government stamp-down with new laws, a police<br />

force, and harsher penalties.<br />

Quarter Sessions<br />

So it is against this background of poverty that Richard Rush found<br />

himself before the Court of Quarter Sessions (January) accused of<br />

stealing.<br />

His criminal re<strong>co</strong>rd shows that he was actually accused of stealing 3<br />

sows valued at £3.15s, 3 pigs valued at £3.15s from William Squire of<br />

Little Burstead, and a John Woodward of Laingdon accused him of<br />

stealing 3 quarts of white wheat and nine sacks. The date of the crime<br />

was “the 7 th day of September in the 2 nd year of William IV”.<br />

He was found guilty, and <strong>co</strong>nvicted along with another person called<br />

William Wood.<br />

The transcript of Richard’s <strong>co</strong>nviction shows the penalty he was given:<br />

“Richard Rush being now <strong>co</strong>nvicted of Larceny and ordered and<br />

adjudged by this <strong>co</strong>urt pursuant to the Sta tute in that was made and<br />

provided to be transported beyond the seas for one term of seven years<br />

to such place as His Majesty with the advice of his Privy Council shall<br />

think fit to declare and appoint.”<br />

From a study of the actual re<strong>co</strong>rds of that period, <strong>co</strong>mmon offences and<br />

<strong>co</strong>nvictions were housebreaking, stealing money and clothes, stealing a<br />

donkey, highway robbery, picking pockets, false pretences, and robbing<br />

master – Life; stealing bees, axes, boots, purses – 14 years; stealing pigs,<br />

fowls, a brass boiler, a great <strong>co</strong>at, a watch, a handkerchief, a glass – 7<br />

years.<br />

Transported<br />

Once <strong>co</strong>nvicted, people were held in local prisons or prison hulks until<br />

space was found on the transportation ships leaving for New South<br />

Wales iii . Richard was held at Chelmsford Prison, and was finally placed<br />

on the ship “Planter” which left Portsmouth on 16 June 1832. On board<br />

were 200 male and 200 female <strong>co</strong>nvicts.<br />

Transported <strong>co</strong>nvicts were handed over to the master of a ship at the<br />

beginning of the voyage and formally transferred into the custody of the<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

2 August 2001


Governor of the <strong>co</strong>lony who was receiving them. Indents, or Indentures,<br />

were the documents used to re<strong>co</strong>rd the transaction on arrival. iv<br />

Life on board<br />

Conditions on board the <strong>co</strong>nvict ships were grim. Convicts were housed<br />

below decks on the prison deck and often further <strong>co</strong>nfined behind bars.<br />

In many cases they were restrained in chains and were only allowed on<br />

deck for fresh air and exercise. Living <strong>co</strong>nditions were cramped and they<br />

slept on hammocks. Very little information seems to be available about<br />

the layout of the <strong>co</strong>nvict ships, but a few books do <strong>co</strong>ntain artists’<br />

impressions and reproductions of images held in library <strong>co</strong>llections.<br />

Although the <strong>co</strong>nvicts of the early transportation ships arrived in<br />

relatively good <strong>co</strong>ndition, the same cannot be said for those that<br />

followed. Cruel masters, harsh discipline and scurvy, dysentery and<br />

typhoid resulted in a huge loss of life.<br />

After the English authorities began to review the system in 1801, the<br />

ships were despatched twice a year, at the end of May and the beginning<br />

of September, to avoid the dangerous winters of the southern<br />

hemisphere. Surgeons employed by the early <strong>co</strong>ntractors had to obey to<br />

the master of the ship, but on later voyages were replaced by<br />

independent Surgeon Superintendents whose sole responsibility was for<br />

the well being of the <strong>co</strong>nvicts. As time went on, successful procedures<br />

were developed and the surgeons were supplied with explicit<br />

instructions as to how life on board was to be organised. By then the<br />

charterers were also paid a bonus to land the prisoners safe and sound<br />

at the end of the voyage.<br />

The “Planter” which carried Richard Rush and his fellow <strong>co</strong>nvicts from<br />

England to Australia, probably stopped off at Gibraltar before passing<br />

through the doldrums, down to Cape Town in South Africa, and then<br />

dropping into the Southern Ocean to face the perils of the ‘roaring<br />

forties’ to get the benefit of the prevailing winds, often en<strong>co</strong>untering<br />

icebergs and gales, resting at any one of the South Australian penal<br />

settlements of Adelaide and Port Phillip in Melbourne, before arriving in<br />

Botany Bay 121 days later on 15 October 1832, having <strong>co</strong>vered a<br />

distance of around 12,000 nautical miles.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

3 August 2001


Details about all <strong>co</strong>nvicts were carefully re<strong>co</strong>rded, right down to the<br />

<strong>co</strong>lour of their eyes and hair, and distinguishing marks.<br />

Transcript of<br />

List of Male Convicts by the ship Planter,<br />

Robert Laurence Fraser, Master<br />

Standing No of Convict 32-2087<br />

Indent No 13<br />

Name<br />

Richard Rush<br />

Age 31<br />

Reads<br />

None<br />

Writes<br />

None<br />

Religion<br />

Protestant<br />

Status<br />

Married<br />

Children – males 3<br />

Children – females 1<br />

Native Place<br />

Essex<br />

Trade or Calling<br />

Ploughs, reaps, milks, sows<br />

Offence<br />

Pig stealing<br />

Tried<br />

Essex Quarter Session<br />

When 3 January 1832<br />

Sentence<br />

7 years<br />

Former <strong>co</strong>nviction<br />

None<br />

Height feet 5<br />

In<br />

2 ½<br />

Complexion<br />

Brown<br />

Colour of hair<br />

Brown<br />

Colour of eyes<br />

Blue<br />

Particular marks or scars Small mark of a burn on lower left<br />

arm, dimple in chin, two small<br />

moles near left side of nose<br />

You will note from this re<strong>co</strong>rd that he was quite short, with brown hair<br />

and blue eyes, and had 4 children. This is a surprise, because up until<br />

now we only ever knew about John George Rush, whom we assumed<br />

was the only child born in 1827.<br />

Richard’s other children<br />

Now we dis<strong>co</strong>ver there were three other children, and efforts v to trace<br />

them have recently been undertaken. vi We now know the names and<br />

dates of birth of the other three children listed in his criminal re<strong>co</strong>rds:<br />

• Richard Rush, born 29 November 1820 in Dunton<br />

• William Rush, born 7 April 1822 in Dunton<br />

• Maria Rush, born 26 October 1823 in Dunton<br />

No birth re<strong>co</strong>rds for John George Rush have yet been dis<strong>co</strong>vered.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

4 August 2001


There was also a child called Sarah, whose mother was listed as Maria<br />

Steel, born on 14 May 1819, but no father was named in the birth<br />

re<strong>co</strong>rds. However, a Sarah Rush aged 18 years married Sam Higgins in<br />

Dunton on 7 August 1837, and the father was listed as a John Rush<br />

(Richard’s brother perhaps). Richard was in Australia at the time, so<br />

perhaps the name was invented! Richard married Maria on 5 October<br />

1819, who presumably had 5 month old Sarah. Since Sarah was not<br />

Richard’s natural daughter, she is not listed among the 4 children on his<br />

criminal re<strong>co</strong>rds. Also, the 1841 Census re<strong>co</strong>rds list an Aaron Rush<br />

aged 4 years in Langdon Hills. Who were his parents<br />

The Hunter Valley<br />

On arrival in Botany Bay, Richard Rush was assigned to a Hunter Valley<br />

landowner Andrew Loder (or Leoder) who farmed in a district known as<br />

Patrick’s Plains near Singleton. Other <strong>co</strong>nvicts were also assigned to Mr<br />

Loder from the Planter. vii<br />

Information from Family History Society Singleton Inc viii , received in<br />

November 2000 states that the area was originally called St Patrick’s<br />

Plains being dis<strong>co</strong>vered on 15 th March 1820, two days before St Patrick’s<br />

Day. The word Saint was dropped about 20 years later. The first<br />

District Council was Patrick’s Plains and the Electoral Rolls show the<br />

area as Patrick’s Plains until the 1980s when the name was changed to<br />

Singleton. Singleton ix had been a town since 1836 in the District of<br />

Patrick’s Plains.<br />

The 1836/7 Muster x re<strong>co</strong>rds Richard Rush as being at Andrew Loder’s<br />

property Mt Pleasant, Patrick’s Plains, being 100 acres, portion 45,<br />

parish of Whittingham, Co. Northumberland. Loder was a member of<br />

the area’s dis<strong>co</strong>very party.<br />

In an Extract from “Singleton – Municipality and Shire 125 years on”,<br />

1866-1991 the dis<strong>co</strong>very of the Singleton district is described:<br />

“The earliest journey to the north from the Hawkesbury of which any<br />

re<strong>co</strong>rd is available was that <strong>co</strong>nducted by William Parr in October-<br />

November 1817. Parr, a mineralogist in the employ of the<br />

Government, was ac<strong>co</strong>mpanied on the trip by four men, one of whom<br />

was Benjamin Singleton. They travelled generally north-west and<br />

reached a small stream (probably the headwaters of Doyle’s Creek)<br />

before the shortage of rations and bushfires forced them to return.<br />

Benjamin Singleton, profiting from what he had learned with Parr,<br />

made the next trip in April 1818, ac<strong>co</strong>mpanied by three men and a<br />

native.<br />

On the twelfth day they “fell in with upwards of 200 natives who had<br />

never seen a white man before”. They told Singleton he was within<br />

two days of a big river and good land to the north-east, but the party<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

5 August 2001


eturned without proceeding further for they feared betrayal by the<br />

blacks.<br />

On 24 th October 1819, John Howe set out on the first of his trips. He<br />

was ac<strong>co</strong>mpanied by George Loder, John Milward, three <strong>co</strong>nvicts and<br />

a native who succeeded in reaching the Hunter River about four<br />

miles west or seven miles upstream from the present township of<br />

Jerry’s Plains. As they were running short of supplies they decided to<br />

return to Windsor.<br />

It was on the 5 th March 1820 that John Howe set out on his se<strong>co</strong>nd<br />

expedition that was to lead to the dis<strong>co</strong>very of St Patrick’s Plains. His<br />

party this time was larger, <strong>co</strong>nsisting of George Loder Jnr, Benjamin<br />

Singleton, Daniel Philips, Andrew Loder, Thomas Dargin Jnr, Philip<br />

Thorley (all free) and Jeremiah Butler (ticket of leave), Nicholas<br />

Connelly, Samuel Marshall, Frederick Rhodes, James House, Robert<br />

Bridle (<strong>co</strong>nvicts), Myles and Mullaboy (natives). The explorers this<br />

time bore further to the east and on 15 th March reached the Hunter<br />

River in the vicinity of Whittingham, after crossing an extensive plain<br />

which Howe named “St Patrick’s Plains”. They made their way slowly<br />

downstream arriving at Wallis Plains on 21 st March.<br />

During the years 1821 to 1825, 283 land grants were made along the<br />

Hunter Valley, totalling 369,351 acres. By 1828 the agricultural life<br />

of the <strong>co</strong>lony was centred on the Hunter. For the work in dis<strong>co</strong>vering<br />

the route to the area, Howe and all free men in his party received<br />

grants. Grants were apparently given with great freedom and people<br />

of all types appear in the lists. They were the true pioneers who took<br />

up their land and set about carving out a home in the new region;<br />

there were the professional and prominent men from the capital who<br />

treated this as a business and sent their workmen to set up a new<br />

station, and there were those who sold their grants as soon as<br />

possible, often to neighbours without ever seeing them.”<br />

A message posted to the Hunter Valley Genealogy list on the internet<br />

seeking information about Richard Rush received several responses.<br />

Greg Ball from Queensland replied:<br />

“I can give a <strong>co</strong>uple of clues about the Patrick’s Plains area of the<br />

1830-1850 period. My father was born there and he said that his<br />

father spoke of very dense timber in some parts, however there were<br />

some good sized areas near the river which had little or no timber.<br />

This is borne out by the fact that Ben Singleton advertised in the<br />

Sydney press that he would shepherd livestock on Patrick’s Plains for<br />

a fee. Singleton, who founded the town of the same name, ploughed<br />

a furrow from his inn (The Barley Mow) to the first school in<br />

Whittingham, so that the children would not be<strong>co</strong>me lost in the thick<br />

timber. This was a distance of two miles or more. The Hunter river<br />

had very little sand in it in the early days – it had a gravel bottom,<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

6 August 2001


and when John Howe reached it in 1820/1 near the junction of<br />

Doyles Creek, he caught a fine fish for lunch. It is now all sand.”<br />

A further email from Greg Ball explains how Richard Rush may have<br />

ended up there, given his occupation in his <strong>co</strong>nviction re<strong>co</strong>rds:<br />

“Patrick’s Plains, aka Patrick Plains, was an ill-defined area of the<br />

mid-Hunter River in NSW. Both of the above names are used by the<br />

Registry of Births Deaths & Marriages for NSW, however the name<br />

ceased to used from about 1900 onwards, except for the local<br />

government shire of Patrick’s Plains. Even this was abandoned some<br />

20-30 years ago. It is now Singleton Shire. There would have been<br />

only isolated settlements in the area in the 1830-1840 period and<br />

Richard Rush would have been allocated to work for one of the<br />

settlers - perhaps as a shepherd or agricultural worker,”<br />

A response from Faye Sheridan in Sydney said:<br />

“I had a look today at the library and the Patrick’s Plains area was<br />

the Singleton area of NSW. If you look on the website of the Singleton<br />

Family History Society it is very informative about the area. They<br />

publish a Patricks Plains Gazette and the website features articles<br />

from it.<br />

The internet address is www.xroyvision.<strong>co</strong>m.au<br />

/singleton/sfhspage.html. They also perform family history searches<br />

for a small fee.”<br />

A research request to the Singleton Family History Society revealed the<br />

information about Patrick’s Plains previously mentioned, including a<br />

map of the area where Loder’s farm was located shown on the next page.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

7 August 2001


Living <strong>co</strong>nditions in the area in the 1830s were hazardous and<br />

challenging, and the settlers’ lives were beset with many hardships –<br />

floods, droughts, and bushfires. There were the difficulties arising out of<br />

distance – distance from authority, distance from markets and from<br />

medical aid. Combined with bad roads were tracks and trails that had<br />

to be blazed, and the fear and insecurity arising out of the presence of<br />

sometimes hostile natives, and sometimes friendly bush-rangers. By the<br />

end of the 1830s the population of the area was just over 2,500<br />

<strong>co</strong>nsisting of a large number of <strong>co</strong>nvicts, and government employees.<br />

Apart from a church, hotel, school, and a mill, the town of Singleton did<br />

not really be<strong>co</strong>me established until the 1840s. xi<br />

Three methods of house <strong>co</strong>nstruction were used in the early settlements:<br />

wattle and daub, timber slab and brick nog, using timber and clay<br />

available in the area, with an earthen floor. Richard Rush and the other<br />

<strong>co</strong>nvicts would have been put to work <strong>co</strong>nstructing these dwellings<br />

before setting up the farm. In fact, the Loder farmhouse “Abbey Green”,<br />

situated 5 kilometres south of Singleton, was not built until 1861 by<br />

Andrew Loder’s grandson George Thomas Loder III, and it still exists<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

8 August 2001


today, although it cannot be seen from the road. Apparently the Loders<br />

treated their <strong>co</strong>nvicts well, and were enormously successful in raising<br />

merino sheep and Hereford and polled angus cattle. In 1868 the family<br />

began a meat preserving works <strong>co</strong>mplete with cannery. In 1851 George<br />

Loder acquired his grandfather’s original property and bought an<br />

adjoining 4000 acres, and the family’s last tie with the property was<br />

severed more than 30 years ago when descendants Mr and Mrs Duncan<br />

Hedley retired and finally sold the land. xii<br />

Ticket of Leave<br />

The re<strong>co</strong>rd of a <strong>co</strong>nvict’s arrival in the Colony is called a <strong>co</strong>nvict indent.<br />

On arrival, the first major event in a <strong>co</strong>nvict’s career was assignment,<br />

with males often being assigned as labourers to private settlers. After<br />

several years of satisfactory service, <strong>co</strong>nvicts were entitled to apply for a<br />

Ticket of Leave (a form of parole) and with <strong>co</strong>ntinued good behaviour<br />

they would eventually obtain a Certificate of Freedom or Pardon. xiii<br />

Richard Rush’s Ticket of Leave details are shown below: xiv<br />

Transcript of<br />

TICKET OF LEAVE<br />

No 36/1978 dated 26 December 1836<br />

Prisoner’s No 32/2087<br />

Name<br />

Richard Rush<br />

Ship<br />

Planter<br />

Master<br />

Fraser<br />

Year 1832<br />

Native Place<br />

Essex<br />

Trade or calling<br />

Ploughs, reaps, milks, sows<br />

Offence<br />

…<br />

Place of Trial<br />

Essex QS<br />

Date of Trial 3 Jan 1832<br />

Sentence<br />

Seven years<br />

Year of Birth 1799<br />

Height<br />

Five feet 3½ inches<br />

Complexion<br />

Sallow<br />

Hair<br />

Light Brown<br />

Eyes<br />

Blue<br />

Allowed to remain in the District of Patricks Plains<br />

On re<strong>co</strong>mmendation of Patricks Plains Bench<br />

Dated August 1836<br />

Notice the discrepancies in height and <strong>co</strong>mplexion between this<br />

document and the Transcript.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

9 August 2001


Censuses and Musters<br />

Information on an internet site xv about the background of Censuses and<br />

Musters reveals that New South Wales was the initial Australian <strong>co</strong>lony,<br />

formed in 1788 as a place to send <strong>co</strong>nvicts, after the s<strong>co</strong>pe to send them<br />

to North America had ceased. Transportation to “the east <strong>co</strong>ast of New<br />

South Wales or some one or other of the adjacent islands” was a fairly<br />

<strong>co</strong>mmon sentence, for what we would today regard as fairly trivial<br />

offences.<br />

Because of the need to keep track of the <strong>co</strong>nvicts, who were usually<br />

assigned to work gangs or as servants to farmers or other settlers, from<br />

1795 the <strong>co</strong>nvict population was “mustered” annually, physically<br />

<strong>co</strong>unted and various other details updated. The accuracy of these<br />

various musters was acknowledged as variable, at the time.<br />

The soldiers, officials, free settlers and their families were generally<br />

re<strong>co</strong>rded at the same time.<br />

The NSW State Re<strong>co</strong>rds xvi website re<strong>co</strong>rds that:<br />

“at various times, the Government of the Colony <strong>co</strong>nducted a census<br />

or muster of the inhabitants of the <strong>co</strong>lony. These may have been for<br />

a specific purpose such as assessing landholdings or as a general<br />

‘head <strong>co</strong>unt’ of the population. These muster and census re<strong>co</strong>rds can<br />

<strong>co</strong>ntain valuable information <strong>co</strong>ncerning a <strong>co</strong>nvict’s residence,<br />

employment and family circumstances.”<br />

The “General Return of Convicts in New South Wales, 1837” indicates a<br />

date of 31 December 1837. However, unlike earlier musters, it is not the<br />

product of mustering people at various places over a month or so. It is a<br />

wholly clerical re<strong>co</strong>nstruction, based on the 1836 census (which does<br />

not survive), updated for new arrivals through 1837. Ages appear to be<br />

those of 1836. Some other updating has taken place, however, most<br />

thoroughly for initial letters A-G, and particularly to update the names of<br />

assigned masters through 1837, with some updating for 1838 or even<br />

1839. Entries with initial letters K, X and Z have not survived. The<br />

volumes were forwarded to London in December 1839.<br />

The details shown are: Name, Age, Ship of Arrival, Year Arrived, Where<br />

Tried, Master’s Name (to whom <strong>co</strong>nvict assigned), District, Remarks<br />

(generally current <strong>co</strong>nvict status – ticket of leave etc).<br />

There are two entries in the “General Return of Convicts in NSW 1837”<br />

for Richard Rush, the first one being our ancestor, who is re<strong>co</strong>rded as<br />

being at Patrick’s Plains in 1837:<br />

Convicts Names Age Ship Year Master District Page<br />

22149 Rush Richard 38 Planter 1832 Leoder A Patricks Plains34<br />

22148 Rush Richard 18 Charles Kerr 1837 Collier Captain Petersham 7<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

10 August 2001


Certificate of Freedom<br />

A Certificate of Freedom was a document stating that a <strong>co</strong>nvict’s<br />

sentence had been served, and was usually given to <strong>co</strong>nvicts with a 7 or<br />

14 year sentence. Convicts with a life sentence <strong>co</strong>uld receive a Pardon,<br />

but not a Certificate of Freedom. The Certificate of Freedom number<br />

was sometimes annotated on the indent or noted on a Ticket of Leave<br />

Butt.<br />

Richard Rush served his time, and one week short of seven years in New<br />

South Wales on 9 October 1839, received his Certificate of Freedom. xvii<br />

The details are shown below:<br />

Transcript of<br />

Certificate of Freedom<br />

No 39/1749<br />

Date 9 October 1839<br />

Prisoner’s No 32/2087<br />

Name<br />

Richard Rush<br />

Ship<br />

Planter<br />

Master<br />

Fraser<br />

Year 1832<br />

Native Place<br />

Essex<br />

Trade or Calling<br />

Labourer<br />

Offence<br />

…<br />

Place of Trial<br />

Essex QS<br />

Date of Trial 3 January 1832<br />

Sentence<br />

Seven years<br />

Year of Birth 1800<br />

Height<br />

5 feet 2 ¾ inches<br />

Complexion<br />

Brown<br />

Hair<br />

Brown<br />

Eyes<br />

Blue<br />

General remarks<br />

Small mark of a burn on lower left<br />

arm, dimple in chin, two small<br />

moles near left side of nose<br />

Held at Ticket of Leave No 36/1978 dated 26 Dec 1836 surrendered<br />

Notice the discrepancies in year of birth and height from the original<br />

Transcript.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

11 August 2001


Sydney to Wellington<br />

Having been released from his <strong>co</strong>nviction, Richard was free to leave, and<br />

we assume he came to New Zealand sometime between February 1840<br />

and March 1841 probably as a crew member aboard a migrant or<br />

trading ship from Sydney. Searches of internet re<strong>co</strong>rds of shipping<br />

departures from Sydney and arrivals in Wellington have so far failed to<br />

reveal exactly which ship Richard would have travelled on, as most<br />

re<strong>co</strong>rds show only paying passengers’ names. Children, servants and<br />

crew are not named. The internet site www.cyndislist.<strong>co</strong>m/aust<strong>nz</strong>.htm<br />

gives a 30 printed page list of links to general resource sites, including<br />

<strong>co</strong>nvict and passenger lists. A <strong>co</strong>mprehensive search of these links has<br />

not yet been undertaken.<br />

Richard obviously <strong>co</strong>uld not (or would not) return to England, and the<br />

fate of his children, except for John George, is unknown. We also<br />

wonder if the children he left behind ever knew what happened to their<br />

father, and whether he was in <strong>co</strong>ntact with them after he left England.<br />

We have located other Rush names from the Childerditch area of Essex,<br />

not far from Aveley, and wonder if they are related but so far no link has<br />

been established.<br />

Meeting Cecilia<br />

The newly widowed Cecilia Rodgers must have met Richard Rush soon<br />

after his arrival in Wellington, and they were married presumably early<br />

in 1841, since their first daughter Sarah Ann Maria was born on 13<br />

January 1842. Three more daughters were born to Richard and Cecilia<br />

between 1843 and 1846.<br />

Richard’s son John George was 15 when he arrived in Wellington<br />

sometime in 1842 aboard the “Esther”, a schooner which plied the<br />

eastern Australian <strong>co</strong>ast from Botany Bay to Tasmania and New Zealand<br />

for several years. John George might have been in Australia looking for<br />

his father and may have dis<strong>co</strong>vered that he had gained his freedom and<br />

gone to Wellington.<br />

Richard was murdered in Lower Hutt on 15 June 1846, aged 47 years.<br />

Full details of his death and his New Zealand family are re<strong>co</strong>rded in<br />

Chapter 2 of A Humble Beginning, 2 nd edition.<br />

A further newspaper xviii report on Saturday 20 June stated:<br />

“The funeral of the late Richard Rush, whose barbarous murder by the<br />

rebels was re<strong>co</strong>rded in our last number, took place on Thursday<br />

afternoon. The body was interred in the Public Cemetery, and was<br />

followed to its last resting place by a <strong>co</strong>nsiderable number of settlers.<br />

The Rev R Cole performed the burial service.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

12 August 2001


It is intended to raise a subscription for his widow and children and<br />

we earnestly solicit the attention of our fellow settlers to the appeal<br />

made to them in this day’s Spectator on their behalf.”<br />

The charitable assistance of the Inhabitants of Port Nicholson is<br />

requested on behalf of the widow of the late Richard Rush who<br />

was murdered at the Hutt on Monday last. The unhappy event is<br />

fully before the public. The unfortunate widow being left with four<br />

young children (and nearing <strong>co</strong>nfinement with the fifth) dependent<br />

on her for support.<br />

Subscription lists are lying at the bank: Mr C Mills, Lambton<br />

Quay; and at Barrett’s Hotel.<br />

Wellington, June 20, 1846<br />

Life in early Wellington<br />

A recent publication “Wellington, the First years of European Settlement<br />

1840-1850” xix gives a fascinating insight into early life and <strong>co</strong>nditions in<br />

Wellington from 1840. The reader will find out what Richard Rush must<br />

have <strong>co</strong>ntended with in his trade as a carrier between the Hutt and<br />

Wellington. It describes the main route out to Petone as “a narrow track<br />

along the foreshore, really useable only at low water; even then strong<br />

winds <strong>co</strong>uld send spray flying across the track. To add to the fun, the<br />

streams at Ngauranga and Kaiwharawhara had to be forded.” Paintings<br />

show the extent of the bush which dominated the landscape in the mid-<br />

1840s. Further on in the book, there’s a graphic description of the<br />

native unrest in the Taita area in the early months of 1846, including<br />

several skirmishes and murders prior to Richard’s death. xx There is<br />

also mention of the incident on 25 August 1840 where Charles Rodgers<br />

and several other men were drowned off Petone Beach.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

13 August 2001


Richard Rush Jnr<br />

We are still uncertain if the Richard Rush <strong>co</strong>nvicted of sheep stealing in<br />

1836 was related to our Richard Rush. He <strong>co</strong>uld have been his eldest<br />

son going by the age of 18 stated in the 1837 Muster. He was <strong>co</strong>nvicted<br />

at Chelmsford, Essex, in the Quarter Session of 18 October 1836 and<br />

sentenced along with a Robert Ray of stealing two sheep on 18 October<br />

1836.<br />

“Richard Rush being now <strong>co</strong>nvicted of sheep stealing is ordered and<br />

adjudged by this Court pursuant to the Statute in that case made and,<br />

provided to be transported beyond the seas for the term of his natural<br />

life to such place as His Majesty with the advice of his Privy Council<br />

shall think fit to declare and appoint.”<br />

He was transported on the Charles Kerr which sailed from Spithead on 8<br />

June 1837, arriving in New South Wales on 9 October 1837, a journey of<br />

123 days. On board were 250 male <strong>co</strong>nvicts. The ship’s <strong>co</strong>mmander<br />

was Captain Arnold Harford and the ship’s surgeon John Edwards. xxi<br />

Internet searches of the State Re<strong>co</strong>rds of New South Wales have failed to<br />

find any re<strong>co</strong>rds of a Ticket of Leave or Certificate of Freedom for young<br />

Richard Rush. What happened to him Research <strong>co</strong>ntinues.<br />

Other family <strong>co</strong>nvictions<br />

Sarah Rush, on 15 October 1833, at Bradwell Near the Sea, for Larceny<br />

by a servant – guilty. Sentence – “solitary <strong>co</strong>nfinement at Gaol of<br />

Springfield for 1 week and to be once privately and severely whipped.”<br />

On 26 and 27 November 1833, Christopher Rush of Braintree was along<br />

with 3 others <strong>co</strong>nvicted of “rioting and assault” and received one month<br />

hard labour at Springfield Gaol.<br />

Acknowledgements<br />

Brian Sharp made two weekend trips from London to the Chelmsford<br />

Essex Public Re<strong>co</strong>rds Office, and Maureen Sharp made a day trip to<br />

Singleton from Sydney.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

14 August 2001


<strong>RICHARD</strong> <strong>RUSH</strong> - TIMELINE<br />

20 February 1799 Born in Orsett, Essex<br />

5 October 1819 married Maria Steel in Bulphan, Essex<br />

2 sons and 1 daughter born between 1820-1826<br />

early 1827<br />

John George Rush born (exact date unknown)<br />

22 April 1827 Maria Steel died in Dunton, Essex, cause unknown<br />

3 January 1832 Quarter Session trial – accused of stealing a pig -<br />

“Larceny”, at Chelmsford (just north of Aveley)<br />

16 June 1832 depart Portsmouth on “Planter” bound for Botany Bay,<br />

Australia<br />

121 days (200 males, and 200 females – <strong>co</strong>nvicts)<br />

Robert Laurence Fraser, Master<br />

Alick Osborne, Surgeon Superintendent<br />

15 October 1832 arrival in Sydney (Standing No of Convict 32-2087)<br />

7 years at Patrick’s Plains (just out of Singleton, Hunter Valley,<br />

NSW), assigned to landowner Andrew Loder<br />

26 December 1836 Ticket of Leave No 36/1978<br />

9 October 1839 Certificate of Freedom No 39/1749<br />

1840-March 1841<br />

to New Zealand (exact date and ship unknown)<br />

1841 Richard marries Cecilia Rodgers (exact date unknown)<br />

13 January 1842 Sarah Ann Maria born in the Hutt Valley<br />

1842 John George arrives in Wellington on the “Esther” from<br />

Sydney (exact date unknown)<br />

1 October 1843 Cecilia Eliza born in the Hutt Valley<br />

1 August 1845 Isabella born in the Hutt Valley<br />

15 June 1846 Richard killed in Lower Hutt, aged 47, buried Bolton<br />

Street<br />

10 August 1846 Isabella dies aged one year, buried Bolton Street<br />

1846 Ann born in the Hutt Valley (exact date unknown)<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

15 August 2001


i The Quarter Sessions were an assembly of the Justices of the Peace of a <strong>co</strong>unty, whose<br />

job it was to judge suits and administer the affairs of the area. A statute of 1388 laid<br />

down that ‘Justices shall keep their sessions in every quarter of the year at least’, from<br />

which the name of the <strong>co</strong>urt is derived. They were held at Easter, Trinity<br />

(Midsummer), Michaelmas and Epiphany (January), and were presided over by the<br />

sheriff or his deputy. The Order Books are the formal re<strong>co</strong>rds of the Court, giving the<br />

justices’ decisions and edicts.<br />

ii Simpson, Tony. The Immigrants. The Great Migration from Britain to New Zealand,<br />

1830-1890. 1997:Godwit Publishing Ltd, Auckland<br />

iii Some 1040 ships carried <strong>co</strong>nvicts from England and Ireland and other places to<br />

Australia, and it is thought that about 165,000 departed from the ports of embarkation,<br />

and that about 3,000 died en route. Several Australian websites <strong>co</strong>ntain the names of<br />

the ships and the numbers of passengers, port of departure, place of disembarkation<br />

and date of arrival, and links to other information:<br />

www.southernx.<strong>co</strong>m.au/<strong>co</strong>nship1.html. The link Indexes for Convicts Transported to<br />

Australia between 1788 and 1868 <strong>co</strong>ntains information on how to access indexes for all<br />

<strong>co</strong>nvicts who were transported to Australia between 1788 and 1869. You should be<br />

aware that it is highly unlikely that in tracing what may have happened to any<br />

individual <strong>co</strong>nvict, that you will be able to find information on all the events in his or<br />

her penal servitude, as there are gaps in the re<strong>co</strong>rds, especially with assignment<br />

re<strong>co</strong>rds, tickets of leave, and certificates of freedom.<br />

iv From www.carmen.murdoch.edu.au/<strong>co</strong>mmunity/dps/<strong>co</strong>nvicts/ships.html<br />

v Research undertaken at the Essex Public Re<strong>co</strong>rds Office in Chelmsford by Brian<br />

Sharp, June 2001<br />

vi Other internet sites give passenger and crew list information, shipping arrivals and<br />

departures, and passenger diaries: http://www.blaxland.<strong>co</strong>m/ozships/<br />

vii 14012 James Jones, from Planter, 1832, assigned to Loder A at Patrick’s Plains<br />

viii Singleton Historical Society, www.singleton.nsw.govt.au<br />

ix Singleton is a town steeped in history. Following the dis<strong>co</strong>very of this part of the<br />

Hunter Valley by John Howe and his exploring party in 1820, the fertile area of<br />

Patrick’s Plains was quickly settled. Benjamin Singleton, one of the original settlers,<br />

was granted land around the site of the present town. The main road to the Upper<br />

Hunter crossed the river at this point and Singleton gradually developed facilities which<br />

served the local rural <strong>co</strong>mmunity. In 1835, Darlington Post Office was renamed<br />

Singleton and in 1841 the town was officially known by that name. The original layout<br />

of Singleton was markedly different to other Australian towns. Streets were laid out<br />

diagonally rather than on the square. There are thus many acute street intersections<br />

and a variety of interesting streetscapes.<br />

(From http://www.singleton.nsw.gov.au/visitors/histbldg.html )<br />

x The General Return of Convicts in New South Wales, 1837 is an alphabetical list of<br />

<strong>co</strong>nvicts giving their name, age, ship and year of arrival, n ame of employer and district.<br />

xi Whitelaw, Miss Ella: A History of Singleton (a typed booklet from the Singleton<br />

Museum)<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

16 August 2001


xii Fink, Elizabeth Hunter Regional Estate Project “The Built Environment of the Shire<br />

of Singleton” August 1977 (includes photograph and description of Abbey Green)<br />

xiii The State Re<strong>co</strong>rds of New South Wales are now available on the internet for<br />

searching. In the article Index to Certificates of Freedom, 1823-69,<br />

www.re<strong>co</strong>rds.nsw.gov.au/publications/cf/index.introduction.htm, the <strong>co</strong>nvict system<br />

and re<strong>co</strong>rds in New South Wales is explained, together with links to indexes and other<br />

re<strong>co</strong>rds.<br />

xiv Faye Sheridan kindly visited the library in Sydney where these re<strong>co</strong>rds are held in<br />

August 2000, photo<strong>co</strong>pied the original handwritten transcripts and posted them to New<br />

Zealand.<br />

xv http://carmen.murdoch.edu.au/<strong>co</strong>mmunity/dps/<strong>co</strong>nvicts/census.html<br />

xvi http://www.re<strong>co</strong>rds.nsw.gov.au<br />

xvii Reference to Richard Rush’s Certificate of Freedom can be found by searching the<br />

State Re<strong>co</strong>rds of New South Wales – Certificates of Freedom (www.re<strong>co</strong>rds.nsw.gov.au)<br />

Query string: Surname – Rush, First name – Richard, Vessel – Planter.<br />

Examples of other Certificates of Freedom are found on<br />

www.re<strong>co</strong>rds.nsw.gov.au/publications/<strong>co</strong>nvicts.cfexamples.htm<br />

xviii New Zealand Spectator and Cook Strait Guardian, Saturday June 20, 1846<br />

xix McLean, Gavin. Wellington, the First years of European Settlement 1840-1850.<br />

Penguin Books, Auckland, 2000.<br />

xx On page 26 of “A Humble Beginning”, 2 nd edition, in the article ‘Sagacity of Dogs’,<br />

there is mention of a man called Gillespie and the reaction of his dog after his murder.<br />

In “Wellington, the First Years” on page 79, it says: “Blood was finally spilled on 2 April<br />

when a Ngati Rangatahi raiding party killed Andrew Gillespie and his son north of<br />

Boul<strong>co</strong>tt’s Farm. For several weeks an uneasy calm prevailed in the Hutt. Greys<br />

‘vigorous policy’ had heightened tension. By May Almon Boul<strong>co</strong>tt’s farmstead marked the<br />

northernmost advanced post of the 58 th Regiment when at dawn on 16 May Te Mamaku’s<br />

men struck Lieutenant G. H. Page’s detachment. They tomahawked the sentry, then<br />

swept into the farm. In a short, sharp engagement, fast, accurate British firing made up<br />

for being surprised and, helped by nine mounted militia, Page’s men drove off the Maori.<br />

Each side lost ten men. More skirmishing and deaths followed …”<br />

xxi From www.blaxland.<strong>co</strong>m/ozships/passengr/sc/chaskerr.htm - a list of every <strong>co</strong>nvict<br />

on board the Charles Kerr 1837, giving name, age, birthplace, crime and sentence.<br />

Richard Rush 1799-1846 update<br />

Prepared by Dale Hartle<br />

17 August 2001

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