Trove Tuesday: John Auld v Penny and Mason

Scottish born John Wallace AULD arrived Williamstown Victoria in 1852 on-board the Emigrant. A journeyman baker by trade, John was a fully qualified baker who had served the required apprenticeship and mastered the trade of baker and then became self employed. In 1855 he married Jane FAIR.

In the same year that John arrived in Victoria, gold had been discovered to the north around Beechworth. This was the start of the Ovens gold rush. Previously undertaken research revealed that by 1857 John AULD had established himself as a baker in Sebastopol Flat and was listed in the trade directory The Oven’s Directory. The how and why he ended up around Beechworth was a mystery, but it was assumed he joined the many thousands who had traveled north with the prospect of a secure job.

As more and more new regional newspapers are added to the fantastic resources of Trove, it is worth remembering to check those new resources from time to time with the prospect of finding that rare piece of alluvial information.

Beechworth Country Court

With the regional newspaper that covers the Beechworth area, the Ovens and Murray Advertiser includes a rare glimpse of what John AULD was up to during the 1855-1857 period.

BEECHWORTH COUNTRY COURT. (1858, September 20). Ovens and Murray Advertiser (Beechworth, Vic. : 1855 -1918), p. 2.  Retrieved November 30, 2015, from http://nla.gov.au/nla.news-article112898271

According to the court report of Saturday 18 September 1858, John AULD appeared as the plaintiff attempting to reclaim unpaid wages whilst working as a journeyman baker.

John Auld v Penny and Mason.
An action to recover 86l 5s.
Mr Clarke for plaintiff.
Mr Mayne for defendant.
Plaintiff deposed that he had been engaged as journeyman baker to defendant at the rate of £5 per week. Served 22 weeks and received on account £5 in cash, a gold watch valued at £17, and a violin worth 35s, this left the balance to recover which this action had been brought.
Mr Mayne for the defence contended that plaintiff had been a partner in the concern ; plaintiff himself admitted that when he was engaged, he was offered a share in the business so soon as his wages amounted to £100; his reply at the time was that he should like to become a partner but had no money.
His Honor without hearing evidence for the defence found for the defendant.
Mr Clarke gave notice that he should move for a new trial.

The result from the first hearing was the judge found for the defendant. Three days later on Tuesday 21 September, John AULD appeared before the judge again moving for a new trial...

BEECHWORTH COUNTY COURT. (1858, September 22). Ovens and Murray Advertiser (Beechworth, Vic. : 1855 -1918), p. 3. Retrieved November 30, 2015, from http://nla.gov.au/nla.news-article112898326

Unfortunately the judge didn't see the same and upheld his initial decision. 

Auld v Penny and Mason
Mr. Clarke moved for a new trial in this case on the ground, that there had been no sufficient proof of the existence of a partnership between the parties. At the very outside Mr. Clarke contended it could only be shown that there was some talk of a partnership being entered into when the plaintift's wages should amount to £100, but they had never amounted to that sum, for although he had remained in the service of defendant for twenty two weeks he had received by cash &c., £23 5s. It was also clearly proven that plaintiff had been invariably treated as a servant, and not as a partner.
Mr. Clarke also submitted that even supposing that the plaintiff had at any time intended to form a partnership with defendant he had a perfect right to repudiate his bargain.
Mr. Mayne having been heard on the opposite side, His Honor said that he saw no reason to alter the decision which had been given in the case on Saturday. It was very clear that Auld had intended to form a partnership, and there could be no doubt that if the business had paid he would have considered himself a partner. He admitted that he might have told people that he was a partner, and this admission when upled with his demeanour whilst making it, evidently meant that he had told people so.
Besides, why was such a long period as two years suffered to elapse before taking proceedings to recover the amount ?New trial refused with costs £2 4s 6d.

Although the decision was against John AULD, it does give an insight into what he was doing during this period. More to the point, it highlights the importance of rechecking your sources in this digital age when more and more new information is been constantly added.

Trove Tuesday: Wedding Bells

The following article printed in the Victorian newspaper Alexandra and Yea Standard, Gobur, Thornton and Acheron Express is interesting in that it not only mentions the wedding of my great great uncle, but also lists the gifts received and by whom.

WEDDING BELLS.
MILLER - PAYNE.
A very pretty wedding was celebrated at Merton on the 19th ult., the contracting parties being Frederick George, second surviving son of C. Miller, of Merton, and Jessie May, eldest daughter of E. Payne, Wangaratta. The ceremony took place in the Presbyterian church, which was well filled by the large number of friends and guests, the officiating clergyman being the Rev. Thom, of Mansfield. The bride was attended by Miss Elsie Miller (sister of groom), Miss A. Drought (niece of groom), and Miss Evie Mackrell as bridesmaids, Mr. E. Eddy being best man. The bride, given away by her brother, Mr. W. Payne (Wangaratta), wore a beautiful gown of white silk with lace and ribbon to match, also a wreath and veil, and carried a prayer book bouquet. The bridesmaids were attired in white silk with trimmings to match. After the ceremony the breakfast was partaken of at the residence of the groom's parents (Elsie Cottage), when about 40 guests partook of a sumptuous repast. The usual toasts were proposed and suitably responded to. The happy couple left by afternoon train for Melbourne, en route for Sydney, where the honeymoon is to be spent. The bride's travelling dress was grey voile, with toque hat to match. The previous evening a special gathering was held in Mr. Mackrell's large kitchen, kindly lent for the purpose, a large number of friends dancing until about 2 a.m. They were the recipients of a larger number of beautiful presents, the large area from which they came showing the popularity of the young people and their parents..
The following is a list of the presents received :- -
Bride to groom, gold sleeve links; groom to bride, gold muff chain and rug; parents of bride (Wangaratta), cheque, cutlery, pair jam dishes, and cream jug ; parents of groom, assorted preserves ; Miss E. Miller, tea cosy and bed quilt ; Mr and Mrs Drought, handsome lamp ; Miss M. Payne (Wangaratta), silver butter dish ; Master Payne, silver mustard jar ; Mr W. Payne (Gobur), cheque ; Mrs Auld (Beechworth), kitchen utensils ; Mrs G. Payne, son. (Alexandra) cutlery ; Miss Jessie Payne (Alexandra), photo frames and tea pot; Mrs J. Cooper (Alexandra); afternoon tea set ; Master W. D. Cooper, vases and ornaments ; Mrs John Payne (Alexandra), fancy needlework ; Mrs Creighton (Gobur), pair vases ; Miss H. Creighton (Gobur), jam and cake dishes ; Miss A. Drought, set of d'oyleys and serviette rings ; Mrs A. Andrews (Alexandra), pair crystal biscuit barrels, cake dishes, cushions and d'oyleys ; Mrs Ross (Alexandra), cushion ; Miss G. Andrews (Alexandra), d'oyleys and silver tray ; Miss E. Andrews (Alexandra), fancy needlework and glassware ; Miss L. Bulmer (Alexandra), fancy neddlework ; Mr and Mrs Mackrell afternoon tea set ; Misses Mackrell, set jugs, fancywork, pair knife rests; lemon squeezer ; Mrs Searson, lamp ; Miss P. Payne, side-board. cloth and mats ; Miss J. Mackrell (Yarck), bed linen ; Mr and Mrs. Payne (Johnson's Creek), pair silver-mounted honey jars and pickle jar ; Mr J. Hoare, silver butter dish and knife ; Mr. M. McIvor (Numurkah), cheque, silver mounted shaving set ; Misses McIvor (Numurka), pair silver mounted brushes ; Mr W. Kipping, cheque and glassware ; Miss Danks silver butter knife ; Mr J. Frazer, silver mounted bread fork ; Miss Frazer, hall brushes and stand ; Miss A. Hartley, silver and glass honey jar ; Mr C. Nolan, lamp ; Miss M. Nolan, table centre ; Miss R. Nolan, shadow work ; Mrs. W. Kubiel, d'oyleys ; Mrs T. Bird, biscuit barrel ; Mrs E. Eddy (Seymour), set of carvers ; Rev Raff (Chiltern), silver and crystal jam dishes ; Mr T. Kipping, butter dish ; Miss Short, silver butter knife ; Mrs McKenzie (Beechworth), glassware ; Mrs. Harper, cold water set ; Misses Z. and M. Payne (Gobur), pair ruby glasses and jug ; Miss M. Nolan (Wangaratta), cold water set ; Mrs W. Payne (Gobur), table linen ; Miss McCormack (Wangaratta), glassware.
And other valuable articles too numerous to mention.--Euroa "Gazette."

Source: Family Notices. (1906, November 16). Alexandra and Yea Standard, Gobur, Thornton and Acheron Express (Vic. : 1877 - 1908), p. 2. Retrieved July 22, 2013, from http://nla.gov.au/nla.news-article59588730

Rose Helena Auld nee Miller

My great grandmother, Rose Helena Miller, was the eighth child of Charles Miller and Georgianna Payne. Rose was born 9 June 1884 in Alexandra, Victoria and married William Henry Auld on 26 May 1906 at the Christ Church, Beechworth, Victoria. The marriage certificate for William and Rose gives William's present and usual address as Beechworth and Rose's present and usual address as Merton. The couple were living in Beechworth when their first son, William Henry Auld, was born on 5 January 1907. When their second son John Wallace Auld was born 6 April 1908, they had moved on to Merton.

Under the list of presents received in the article above, Rose is mentioned as "Mrs Auld (Beechworth), kitchen utensils". What the article confirms is that William and Rose Auld were living in Beechworth at the time of the marriage of Frederick and Jessie Miller on 19 September 1906. By identifying the names of other family members listed in the article, the same process can be used in connecting those individuals to the town in which they lived.