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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