Sunday, 21 October 2012

Mary Ann Butler- Ch. 2: John Campbell Macdougall, husband No. 1

Mary Ann Butler's First Marriage to John Campbell Macdougall

On 7 January 1834 by Special License, at the age of 16, Mary Ann Butler married a 29 year old widower, John Campbell Macdougall at St James’ Church by the Rev. Richard Hill. 
John, at age 23 years (b.c.1802), had been married previously to Sarah Whyte nee Oates (widow of James Whyte), aged 29, in Hobart on 31 May 1825 at St David’s (RGD36/1/1 no.803), and their daughter, Davinia, was born 15 April 1826 at Liverpool Street, baptised 7 May 1826 at Presbyterian Church Hobart Town (RGD 32/1/1/ no. 2140).
The newspaper, “The Colonial Times” reported Sarah’s death due to cancer on 29 December 1829. 
John and Sarah's only daughter Davinia Sarah Campbell Macdougall married William Veal Morris (1825-1882), clerk, on Dec 13, 1845 in Hobart (RGD 37/1/4/ no.1829); she died 1872- issue Sarah Morris b.1847 d.?, Emily Mabel Morris 1857-1938).

Sydney Gazette, Thursday 16 January 1834 p3

John Campbell Macdougall (b.c.1802-04 Scotland) was the son of Captain John Macdougall (b.1783 Isle of Bute, Scotland, died 1845 Hobart; son of Sir John Macdougall 1760-1811 of Isle of Bute) and Davinia Campbell McGibbon (b.5.11.1778 Inverary Argyll- died 1861 Hobart; daughter of Archibald MacGibbon Esq., of Inverary and Glenary, Argyll and Mary Stewart of Perthshire -ref: family tree of Patricia Banks
John also had six siblings:
Jessie Macdougall  b.1806 (nothing known, but a Jessie Macdougall, widow, married John Johnston on 7 Aug 1834 at Hobart Town, RGD 36/1/2 no. 2409, which could be relevant)
Daniel Macdougall  b. 1808 (nothing known)
Archibald Macdougall  b.10.4.1812 Greenock Renfrewshire-d.1870 Sydney NSW
William Macdougall  b.1814 d. bef 1820
Davinia Campbell Macdougall  b.18.9.1817 Glasgow Lanarkshire; married Henry Wishart 27 March 1839 (RGD 37/1/1 no.229)
William James Macdougall  b.21.3.1820 Glasgow Lanarkshire, died 1882 Liverpool, England, from aneurism in the thigh, and mortification after his leg was amputated- he was a doctor and surgeon.

John Macdougall Senior

Captain John Macdougall (Senior) was the son of Sir John Macdougall in Scotland (1760-1811). 
In a petition to the Hon. Col. Governor Arthur dated 24 Jan 1825, [1] John explained that he had been the owner of a brigantine ‘Friends’, and he was tried in the Supreme Court of Admiralty in Edinburgh on 12 May 1821 for having advised the master of that vessel to sink her in the German ocean in 1816. The jury had returned a verdict of guilty of offence at Common law, despite Macdougall claiming he was not the owner of the vessel subsequent to the month of May 1814. He was sentenced to transportation for life to the colonies and  arrived in Hobart Town on 26 December 1821 on the ‘Lord Hungerford’.

In 1822, John Macdougall requested a Town Allotment to build a house
Unto the Honourable the Lieutenant Governor of Van Dieman’s Land.
The Petition of John Macdougall. 
Humbly sheweth
That your Petitioner has wrote for his family to come to this Colony, and having the means now in his power he begs leave to solicit from your honor a town allotment to build a house for their occupation.  May it therefore please your honor to take your Petitioners application into your favourable consideration and your Petitioner as in duty bound shall ever pray.

John Macdougall
Hobart Town

26 May 1822

John became a merchant and agent in the colony. 
His wife Davinia sailed for Hobart with her children including adult son John Campbell Macdougall, in about 1824, 

John applied for a full pardon in 1825, and eventually received a Conditional Pardon on 15 Sept 1834, and after re-petitioning, he received an Absolute pardon on 6 Sept 1835.
His memorial gives us much information about his conviction:
To Hon Colonel Governor Arthur dated 24 January 1825

Unto the Honourable Colonel Arthur Governor of Van Dieman’s Land.
The Petition of John Macdougall
Humbly Sheweth…
That the Petitioner as owner of the Brigantine “Friends”, was Capitally tried in Edinburgh before the Judge Admiral in May 1821 for having advised the master of that vessel to sink her in the German ocean in the year 1816 – that the Jury returned a verdict “guilty of the offence at Common Law” and that sentence of transportation for life to these Colonies was passed upon the Petitioner.
The Petitioner was not owner of the vessel subsequent to the month of May 1814, and he denies having given the advice imputed to him, nay he believes the vessel was fairly lost, to which the master and mate, the infamous witnesses who appeared against the Petitioner on his trial and (yet) all the crew swore before the constituted authorities at the time she was lost, am as the Petitioner has the power of appeal reserved for him before the High Court of Justiciary in Scotland, he pledges himself as a gentleman which title he cannot give up tho at present labouring in a miserable situation to prove to the world if it is the Will of Providence to give him the opportunity and the means;  which appeal would have been made at the time but the verdict of the Jury taking away the felony the underwriters became creditors levied on the Petitioners estate left him penniless and his family in want.  But thanks to the British Government, which he has always revered and supported to the utmost of his power, and from whom he has received such kindness not only during his confinement in Britain but also on the passage and since he came to this Colony, that dear, and affectionate family he hopes verily twice in this place an order for them having been sent home last year by the Deveon Captain Wilson, whom he trusts he will yet be able to restore to their former rank, the thing nearest his heart as far as concerns the things of this world.
The Petitioner is aware that the greater proportion of those sent here are not to be believed, but there are among them that abhors a lie, he is aware that in your honor’s public capacity you are bound to consider all those sent here under the Law guilty: he is also aware of the service necessary before colonial or absolute freedom is granted.  But he humbly begs to say that there is no general rule without exception, and that although the law is just, and good, yet in the administration, there are circumstances to which it cannot reach, and to which some consideration is due.
The case of the Petitioner is very public, he being himself much known in the commercial world as the House of John Macdougall, his other partners being Colonel John Campbell of Achinwilline near Rothesay well known to the Governor in chief the Petitioner thinks and Arch. MacGibbon Esq. Inveraray, both dead, so that nothing but the truth is set forth by him, and Mr.Cunningham, ship builder in Sydney being one of the Petitioner’s Jury men who now known tho he did not then how ill the Petitioner was used.
The Petitioner takes the liberty to submit the accompanying papers to your honors perusal from among many more which are couched in too strong language, and he being now above three years in this colony during which period he has given no trouble to Government; he has offered no person intentionally or to his knowledge, and humbly trusting that his conduct has met the approbation of the Constituted authorities he ventured to appeal to your honors goodness for so much freedom as will legalise his industry and procure him the means of gaining the object next to his heart, the overturning of the fabric of Villainy under which he is now lying, so soon as his conduct will be found to justify full freedom.  And your honor in this recommending the Petitioner to his Excellency will confer a Boon on an individual where gratitude will be as lasting, as he feels measurable in his present situation in many respects worse than death.
May it therefore please your honor this application into your honors gracious consideration, and your Petitioner as in duty bound shall ever pray.

John Macdougall
Hobart Town
24 January 1825

In 1827, when his son was purchasing the Tasmanian newspaper, John wrote a letter to Hon. Colonial Secretary of VDL, making a declaration of his political opinion, disavowing any concern with the Tasmanian Paper:
Hobart Town
23 August 1827

Dear Sir,  
I am informed a report is circulated that I am interested in the Tasmanian newspaper, with which of course His Excellency is displeased, if the former were true I would justly expect the latter; But as my son is Proprietor there are some grounds for suspicion, and I therefore consider it a duty I save myself and my family to make the following statement which I request you will have the goodness to lay before his Excellency.

By the most assiduous and honest industry with strict economy even parsimony, and a little borrowed money I was enabled some years ago to purchase a piece of ground in Liverpool Street, and build a house with the front and one end in stone which I afterwards exchanged with Mrs. Whyte now my daughter in law for that which I hold in Elizabeth Street. Sometime after I was advised to borrow money on this property to finish a foolishly expensive home which was formerly partly begun, this advice I took and have since much repented. The seat of what I let not being equal to the Demand for interest and the support of a large family I was obliged to let the whole with a view of renting a farm and stock in the country till I could recover myself – I therefore let my house to Mr.Howe on a lease of 3 years at 80 Pounds per annum and Mortgaged the house to meet my present engagements - before Mr.Howe wasting in Popepion.   It was reported to me that he intended to leave the Colony and my lease unsatisfied, my patience being exhausted.  I awaited upon him about fourteen days ago and having learned the fact I desired him to find  . . . for the due performance of the lease – he replied he hoped that once three Gentlemen with whom he was in treaty viz.  M. Neal, M. Gillies and R..L. Murray to sell his  …...and would take the …. . atic, I said either of the first two would be accepted but the last could not be a tenant of mine, some days passed but nothing continually in a state of intoxication, in the course of this time my called upon me to say he had been in conversation with M. Neal and had some thoughts of purchasing the press and become my tenant if I had not objection, I stated that I considered it improper and requested him to apply to his Excellency for …., he replied that he had no interest and that from the inquiries he had made he conceived there were more applicants than situations in that quarter, and that he did not like to be idle besides he had reason to believe he could make a livelihood with this …., but that I might not be uneasy besides securing me a good tenant he was also assuring  me this.  Journal would be no longer what is called an  opposition journal, that he would not touch politics nor have any connection with any of its former Editors, he supposed he had given me unequivocal proof of his friendly sentiments towards Government.  In these circumstances I consented to receive him in place of Howe to which my assignee in the lease has made no objections.  To this declaration I am confident he will honourable adhere, and I confess I feel no small pleasure that one of my family has strove a political enemy I had almost said a …out of the field and replaced him with a neutral if not an ally of Government, which I humbly trust will meet his Excellencie’s approbation.

With respect to my political sentiments they were long well known in my correspondence with the minister Pitt and his able follower Percival and they have and never will alter, although the shock I have lately received has rendered me unfit for anything else than adhering to my former principles, and these are in some measure confirmed by a few testimonials which I took the liberty of sending his Excellency soon after his arrival in this Colony and still remain with him.  In the course of my experience I found my four opposition papers, whose motives were not those of ambition party spirit, in the language of spleen or disappointment; but in this Colony ambition, disappointment and revenge, generally language for fit for Billingsgate than a public……and are calculated to…… than edify and reform a population the bulk of whom are already labouring under the dreadful effects of invetrate evil habits.  In a word let me assure your .. ..that there is not an individual in the Colony who is more satisfied with, or more friendly to his Excellencies person and Government than myself and in making this declaration I have no other motive than honesty and truth.

In confirmation of my intentions of retiring to the country I now state that I have been treating with Mr.Cumming to rent his farm and stock at Swanport and so soon as the lambs are ready for marketing it is likely we shall close, if his Excellency will grant permission for my going.

Having thus stated without disguise my real sentiments I trust and believe that no invidious report will prejudice his Excellency against an unfortunate old man, who is not only indifferent to Politics, but the whole world further than that is necessary for the support of himself and family, and to remove the disgrace under which the .…and respecting which I have wrote his Excellency my sentiments; and so soon as I am possessed of the means of making appeal, and liberty to do it, I shall prove to the world that what I say is right, although I have a dreadful case of underwriting another interest to contend with, and the more anxious for this on account of my family and myself.

I am Honoured Sir,
With the most sincere respect,
Your very obedient and humble servant,
John Macdougall

To the Honourable
The Colonial Secretary
Of Van Diemens Land.
NB:  J.Macdougall, 23 August 1827. 

Declaration of his political opinion disavowing any concern with the Tasmanian Paper.

In 1836, John Macdougall requested permission to return to Scotland to arrange his personal affairs there. He also thanked Lt. Governor Arthur for his pardon.

Hobart Town
13 September 1836


Your incessant engagements at this time prevent my waiting in person upon Your Excellency for the purpose of tendering my most sincere and grateful thanks, and those of every member of my family, for your kindness in restoring me to the blessing of freedom, and of wishing Yourself, Your Lady and family a safe, comfortable, and speedy passage home, where you will soon enjoy the satisfaction of knowing that your Government of this Colony will be properly appreciated.

I avail myself of this opportunity to state that some part of my Patrimonial estate in Scotland has remained in status quo since I left that Country, and which requires my personal presence before it can be in any way arranged. As it may be of considerable ultimate importance to my family, and as my health has declined rapidly these last few years, I am extremely anxious to make the attempt at bringing about such arrangement as early as possible.

I therefore earnestly solicit that Your Excellency will be graciously pleased to complete my pardon, so as I may be enabled to leave here in February or March next, and be in Scotland in the months of July and August 1837 as I fear I could not stand the rigors of that climate at a later period.

If this request meets Your Excellency’s approbation it will confer an additional favour on

Your Excellency’s
Ever grateful
And most obedient servant

John Macdougall

On 17 November 1845 John Macdougall Senior died at Argyle Street Hobart aged 64 years.
The Colonial Times and Tasmanian Tues Nov 18, 1845:
DEATH: Last night at 10 o’clock, of Aneurism of the Arterial System, Mr John Macdougall, Father of the Proprietor of this Journal, aged sixty-four.
Friends are respectfully informed that his Funeral will take place on Thursday next, the 20th Inst., at 3 o’clock p.m. from his late residence, New Town Road, to the Presbyterian Burial Ground.

John’s son Archibald Macdougall received a letter from the Sheriff of the Colony, J.T. Crouch Esq:
 He who has gone has left proof of the exchange being a happy one, and we have the joy of spending an eternity with him.  Your revered and universally beloved parent, had an aneurism in his left thigh, and was induced to submit to an operation on the 5th November (it being performed by Dr. Officer, in the presence of Drs. Agnew, Crowther and Casey). The sufferer did apparently well for several days, and Dr. Officer told my good wife he had no doubt your dear father's life had been prolonged several years by his abstemious habits. About nine days after the operation all hopes were given up and he lingered in great and excruciating pain until the evening of Monday, the 17th November, when he breathed his last, in the presence of all members of his family, except two.  He was fully sensible to the last, where I had the privilege of attending to his wants, and he gave us the most delightful proofs of his hope beyond the grave; indeed, his expressions and smiles were such as to induce those around his bed to silently exclaim, "Let my last end be like his".  He was interred in the Scottish Burial Ground on Thursday, the 20th, followed by a long train of mourning friends.

The Colonial Times Fri 7 January 1848 p3 reported an incident that appears to relate to John C. Macdougall's mother Davinia: 
On Tuesday afternoon, during the absence of the inmates, some thieves entered the dwelling-house of Mrs Macdougall, at the upper end of Campbell-street, and carried away a large quantity of wearing apparel and other property. The entrance was effected by the back-door, and by means of a skeleton-key, which, with a chisel, was left on the premises. On Mrs Macdougall’s return, about half-past eight o’clock, she found that every drawer and box in the house had been opened, either by picking the locks, or wrenching the hinges, and, in addition to a large quantity of clothing, some solver spoons, a quantity of half-crowns, three sovereigns and some old solver coins were taken away. No clue has yet been had to the perpetrators of this cruel robbery.

John’s wife Davinia died at Clarence on 21 September 1861 aged 84.

John and Davinia's son Archibald Macdougall (brother of John C. Macdougall):
Archibald Macdougall and Sarah Calvert-issue:
Archibald Henry Macdougall b. 1841 Adelaide; (lived Sandhurst Melbourne, salesman in father’s Will)
Davinia Louisa Macdougall b.1844 Adelaide
John Campbell Macdougall b. 1846 Longbottom, SA; d. 1889 Balmain Nth Sydney
James Daniel Macdougall b. 1847 Adelaide
William A. Macdougall b.1849 Bathurst Street Hobart (lived King island 1901-1904)
Edward Dermid Macdougall b. 1852 Clarence, Tasmania
Walter Campbell Macdougall b. 1856, d. 1917 Balmain Nth Sydney aged 61- founder and proprietor of the Balmain Observer- issue 1 son and 3 daughters)

John Campbell Macdougall

John Campbell Macdougall first visited the colony in April 1822 as a midshipman on HM Dauntless, a Cormorant-class sloop with a single gun-deck carrying 18 guns. He was involved in a scuffle with Daniel Cubitt Junior, Master of the Government Row Guard Boat, when Midshipman John Campbell Macdougall ordered Cubitt to row him out to his ship. Cubitt, who was asleep in the stern sheets of the row boat, refused and turned over to go back to sleep. In the argument which followed, Cubitt told Macdougall that he cared less for him "than for the fifth Wheel of a Coach", in other words, ornamental and only occasionally useful. The disturbance that ensued was investigated by the Chief Constable Thomas Dunn (who would become Mary Ann's brother Walter Butler's father in law in 1825) who was grossly insulted by the drunken Cubitt and who seized Dunn's stick which Dunn wrested back with great difficulty. The insults continued the following morning which Dunn responded to by  testifying that his life was in danger from Cubitt who was ordered to keep the peace. 
(Deposition by John Campbell Macdougall SR NSW Colonial Secretary's Correspondence 4/1759, Reel 6054 p.43.; and Deposition by thomas Dunn 6 April 1822, SRNSW Col. Sec Corr. 4/1759, Reel 6054 p.41)
HM Dauntless, under Captain George Gambier sailed from Sydney to Trincomalee to rejoin the fleet and returned to Portsmouth to pay-off in October 1823. Launched in 1808, the Dauntless was recommissioned for service in the East Indies in November 1818. Over the next 5 years, Dauntless visited China, New Zealand, Sth America, the Pacific archipelagos and NSW. From June 1821 to October 1823 she was captained by George Cornish Gambier RN. Macdougall must have left the RN after the Dauntless was decommissioned in 1823.

On 12 May 1826, John Campbell Macdougall opened a store in Hobart- Macdougall J.C. Tasmania Brewery (Colonial Times 12 May 1826). 
On 9 September 1826, Macdougall opened a store at ‘Verandah House’  and had 2 houses to let in Liverpool Street and one in Murray Street.

On 30 September 1826 J.C. Macdougall was a tobacco agent. On 23 December, 1826 J.C. Macdougall was charged with the sale of beer without a license. He sold his business on 26 May 1827 to Stella and Combs. The ‘Colonial Times’ 24 August 1827 refers to Archibald and J.C. Macdougall purchasing the ‘Tasmanian’ newspaper plant from George Howe, and John became its editor and publisher/proprietor, adopting a moderate attitude to the government. Toward the end of 1827 a series of articles appeared in the “Tasmanian” entitled ‘Review of Colonel Arthur’s administration’, the authorship of which Macdougall acknowledged in 1842. Robert Lathrop Murray and Macdougall amalgamated their papers, which became the “Tasmanian and Austral-Asiatic Review” in January 1829; Macdougall withdrew from the partnership toward the end of 1830.[ii] Notably Robert Lathrop Murray provided a surety for Laurence Butler, Macdougall’s future wife’s father, when he was charged with assault in 1819, (and Murray's daughter would marry Kenric Brodribb after the death of his wife Mary Ann Macdougall nee Butler).

John departed Hobart on the Funchall, bound for Sydney on 29 Ocotber 1831 (CUS33/1/1 p394- record Indexes 578053- Tasmanian Archives), as agent for the ‘Tasmanian’ newspaper. This was the period when he met the Butler family.

In August 1832, John Campbell Macdougall and Charles Staples were the registered owners of a schooner named the “Defiance”.  Built in Sydney in 1832, it measured 57’ x 17’ x 6’8”, 75 tons. The ship, under master Captain Kenneth McKenzie, was wrecked at Cape Barren Islands in the Bass Straits on July 26, 1833, all saved. It drifted ashore in heavy weather, having been chartered by Captain Muggridge of the brig Courier to salvage the cargo of the brig wrecked on Gull Island, opposite Cape Barren Island, Furneaux Group, on 4 July 1833. As a result of this action, insurance would not cover the loss. [iii]This would have been quite a severe financial loss for Macdougall.

Another shipping record has John C Macdougall departing Hobart on 23 August 1833 on the Harlequin bound for Sydney (Tas Archives- CUS33/1/2 p49)

In October 1833, Macdougall bought the Pitt Street property inherited by the Butler siblings, and then two weeks later, re-sold it to the Terry family who lived next door.[iv] Although the property belonged to the three siblings, there was no certificate of title nor was the original purchase of No. 7 Pitt Street in 1809 registered, as was common in the early days of the colony. This would have made the sale of the property difficult. As Macdougall was Mary Ann’s fiancĂ© and financially independent, he probably purchased the property from the family so that it could be officially registered for sale, and the proceeds divided between the siblings.

In the 1834 Sydney Directory, John C. Macdougall is listed as a merchant in Upper Pitt Street, Sydney.
This was the year John married Mary Ann Butler.
The Sydney Gazette Thurs 16 Jan 1834 p3
By special license, on Tuesday the 7th instant at St James’ Church by the Rev. Richard Hill, Mr J.C. Macdougall lately of Van Diemen’s Land, to Miss Mary Ann Butler of Pitt Street Sydney.

In 1835, the Government Gazette had the following notice:

Bank of NSW 13/3/1835

Mr John Campbell Macdougall has this day parted with all his Interest in the Joint Stock and Capital of this Company, to Mr John Lord, and the said John C. Macdougall has ceased to be any longer a Partner of this Bank; of which all persons concerned are hereby required to take notice.
John Black  Cashier of the Bank of NSW
NB. on the 20th and 24th, two others also parted with all Interest.[v]

John and Mary Ann went to live in Hobart by 1836 (as their first son John was Christened there on February 10, 1836.)

In September 1836, John C Macdougall wrote a letter and also petitioned for a grant of land:

Melville Street,
Hobart Town
22 September 1836


I believe you are aware of the Location Order for 5 acres of land at the Lower Settlement of Pittwater granted by Lieut. Governor Sorell to one James Honey in order to establish a Punt Ferry at that place.  I sent you some considerable time ago, the papers connected therewith, which after being submitted to Mr. Stephen were returned to Mr. Young, Solicitor.  In accordance with that Order a house was built, a large garden enclosed, several suitable boats and a large Punt provided, in short a complete Ferry Establishment set a going.  The money required for this purpose (above 400 pounds, the Punt alone having cost nearly 190 pounds) was furnished by my late wife and myself on the security of the property.  Honey did not succeed and gave it up, it was then let to George McKirdy, after him to Mr. Reed and others, and is now occupied by a party on my account but in consequence of a severe storm and the want of a jetty to keep the boats safe, the Punt was swept away in the night, and at that searched for at considerable expense, could never apparently be found.  From the want of a Punt, the public have since been compelled to go round by the Coal River, making the distance more than double, and the business of the Ferry has been therefore almost lost.

I will not presume to point out to you, who are better aware of it than myself, the great want of a proper ferry establishment there, and the public good such would effect, but I will take the liberty of submitting, through you, the following proposition to His Excellency the Lieutenant Governor. 

That if His Excellency will be pleased to locate to me fifty acres of land on each side of the river, the one fifty acres adjoining, and the other fifty acres opposite to my present five acres allotment.  I shall engage to build a proper Jetty on the north side, houses of entertainment up each side, and establish a Punt and other suitable boats, the Government sending a group of men to erect a basket and rubble stone jetty on the south side.

I feel confident you will readily recommend my proposition to His Excellency’s favourable consideration, and waiting the favor of an early reply.

I have the honor to be most respectfully Sir,

Your very,


To His Excellency Colonel George Arthur, Lieutenant Governor of Van Diemens Land and its dependencies
The Memorial of John Campbell Macdougall of Hobart Town
23 September 1836

Respectfully Sheweth...
That your Memorialist arrived here a Free Settler about eleven years and a half ago, having with him a considerable capital, which he invested in business as a Brewer, having erected that very extensive brewery establishment in Liverpool Street, now in the management of Mr. D. McArthur for your Memorialist, and expended altogether upwards of two thousand pounds.  That early in the year 1831 your Memorialist was induced to proceed to New South Wales for the purpose of conducting a Mercantile establishment between Sydney and this colony, which he carried on partly by means of his own vessels, in the course of which he had the misfortune to lose a new Schooner of one hundred tons burden, the Defiance, in an attempt to save the cargo of the brig Courier, which was wrecked in Bass Strait in July1833, and as the proceeding thither was a deviation from the voyage, the Insurance was lost.

That Your Memorialist had deferred making application to Your Excellency for a Grant of Land in consequence of his determination not to do so until by his industry and application to business he had increased his capital to such an extent as should enable him to settle upon whatever Land he might obtain and personally devote his whole attention to its cultivation and improvement.  That unfortunately during his absence at Sydney the new Regulations took place by which, as Your Memorialist is informed Your Excellency is prevented from the disposal of Law unless under such circumstances, as shall induce Your Excellency to consider that the Applicant has a fair claim for favorable consideration.

Your Memorialist humbly submits his case to Your Excellency, and prays of Your Excellency to bestow on him a Grant of Land equal to the means he possesses, of cultivating and improving it.  And should Your Excellency consider the Regulations preclude Your Excellency from bestowing that favour upon Your Memorialist, that Your Excellency will be pleased to subject his case to the favourable consideration of the Secretary of State, and Your Memorialist as in duty bound will be ever grateful.


23 September 1836

Hobart Town c 1855
Tasmaniana Collection State Library of Tasmania

John purchased the ‘Trumpeter’, an advertising publication, from Henry Melville in 1838. Macdougall also became publisher-proprietor and later editor of the ‘Tasmanian’, but sold this paper to John Morgan in September 1839. John became the publisher of ‘The Colonial Times’ newspaper in 1838. He and his father (John MacDougall) bought the paper for £3,500 on 22nd November 1839 from the famous and rather controversial editor/proprietor Henry Melville (who incidentally had briefly employed Mary Ann’s brother Lawrence Butler who was a compositor). And although Macdougall became its acknowledged editor, Thomas Richards appears to have been in charge of editorial work until 1847. (Ref: ADB)
John’s brother Archibald Macdougall was appointed agent for the ‘True Colonial’ and also the ‘Cornwall Co.’ in May 1837.

 In 1839, Macdougall printed a 44 page petition to the British Government for a legislative assembly, signed by a large majority of the most influential settlers in Hobart Town. "The petitioners humbly sought what they described as the natural and inherent birthright of Englishmen, a voice in making the laws under which they were governed and in imposing the taxes they paid." [vi]

“Early in 1841 Macdougall contemplated a business trip to England. He and his father became involved in a controversy with Edward Abbott of the ‘Hobart Town Advertiser’ and William Elliston and Thomas Macdowell of the ‘Hobart Town Courier’. Macdougall assaulted Macdowell and was bound over to keep the peace. In 1842 Macdougall became involved in insolvency proceedings, which were later satisfactorily adjusted; next year he was defendant in an action for libel against the Crown. In 1843 Mary Ann Macdougall opened a private servants’ registry office to help their financial situation. This Servants Registry continued to be advertised in the ‘Colonial Times’ until at least December 1845.
(Colonial Times, Tues 13 June 1843; Tues 3 Oct 1843 p2; Tues 14 Oct 1845 p1)

Early in 1844 John was again involved in insolvency proceedings. In October he again became printer, publisher and proprietor of the ‘Tasmanian and Austral-Asiatic Review’ for the editor, Robert Lathrop Murray. After its last issue on 26 June 1845 the ‘Tasmanian’ was incorporated in the ‘Colonial Times’ with Macdougall as editor and proprietor. After Sir John Eardley-Wilmot’s death he defended the late lieutenant-governor’s honour in the ‘Colonial Times’, 2 March 1847.” [vii]  

On 17 November 1845 John Macdougall Senior died at Argyle Street Hobart aged 64 years. His wife Davinia died at Clarence on 21 September 1861 aged 84.

14 August 1847 the ‘Cornwall Chronicle’ had the birth notice for "the stillborn child of Mrs J.C. Macdougall of the ‘Colonial Times’ and ‘Trumpeter’ office, Collins Street, Hobart, last Thursday".

The Colonial Times Fri 7 January 1848 p3 reported an incident that appears to relate to John C. Macdougall's mother Davinia: 
On Tuesday afternoon, during the absence of the inmates, some thieves entered the dwelling-house of Mrs Macdougall, at the upper end of Campbell-street, and carried away a large quantity of wearing apparel and other property. The entrance was effected by the back-door, and by means of a skeleton-key, which, with a chisel, was left on the premises. On Mrs Macdougall’s return, about half-past eight o’clock, she found that every drawer and box in the house had been opened, either by picking the locks, or wrenching the hinges, and, in addition to a large quantity of clothing, some solver spoons, a quantity of half-crowns, three sovereigns and some old solver coins were taken away. No clue has yet been had to the perpetrators of this cruel robbery.

John and Ann had seven children between 1836 and 1848 (one of whom died at birth in 1847), the last child born two months after the death of his father who died on 21 July 1848, aged 44. Interestingly, Ann named this last child Ormond Campbell.(ie. a reference to her Ormond Butler heritage.) Their fifth child was named Archibald Butler Macdougall.

Death of John C. Macdougall

The Hobart Town Gazette, 26 July 1848, reported:
Sudden death of  Mr J.C. McDougall.
This gentleman expired suddenly at his residence in Collins Street, on Friday evening last, about five o’clock. After superintending the publication of his journal, the Colonial Times, on that day, he was sitting in the company of two of his friends, when, he was attacked by a fit of coughing, he leant back in his chair, and suddenly expired (he had been under the medical care of Dr. Officer, had been confined to his room since Monday previous but was considered better by morning of his death). He was 44 years old etc.

The Colonial Times, July 25th 1848:
A painful duty dissolves upon us, in the making known to the supporters of this journal the almost sudden death of its late proprietor, Mr J.C.McDougall.
Almost a week previously, that gentleman had been confined to his dwelling through indisposition, and on Friday last had, to all appearances, so far recovered as to be enabled to attend to the publication of the last number of his journal. Indeed he considered himself fast recovering, and was giving directions for the business of the present week, when the hand of death struck the fatal blow, and he expired, seated as he was on his chair, without apparently suffering the slightest pain.
To detail the events of this gentleman’s career during his long residence in these colonies is unnecessary, for from the time of his arrival to the day of his death (with the exception of a few years) he was connected with the Press, and as such became a public character, and his conduct and actions liable to the censure of approbation of everyone. His morality was unimpeachable, and if in his public capacity he made enemies, they were but few, and their enmity was caused by his performing that which he considered a public duty.
The support this journal receives is the best proof that can possibly be given as to the manner in which Mr MacDougall was respected in his public character. As a private individual he was much esteemed, and his company courted by a very large portion of fellow colonists, and on his departing from this life of tribulation, he was at peace with every fellow-creature.
Sudden death affords an awful lesson. It proves to us beyond doubt, that ‘in the midst of life we are in death’ –that ‘we know not what shall be on the morrow- for what is our life? It is even a? prapour, that appeareth for a little time and then vanisheth away.’
Beautifully expressive is the psalmist, when he pictures the life of man as a flower in the field and that it so flourishes, but the wind passeth over it, and it is gone, and the place thereof knoweth it no more.
The shaft of death brings peace, to the victim struck down- with him there remains no rankling wounds to convulse the mortal frame: but alas! It is those around that suffer. It is the wife, bereft of the loved partner of her life, that is overwhelmed with anguish- it is the fatherless children that feel the loss of their guide and protector. And such is the situation of the proprietess of this journal, who is suddenly compelled to plunge into the management of a business full of difficulties, in order to support her numerous children. We feel satisfied that the widow will succeed in her exertions- that the support received by her husband will be continued to her. The colonist never hold deaf-ear to the deserving supplicant, they will come forward and assist her in her laudable undertaking. There is one consolation which soothes the mind- it is the host of formerly unknown friends, who sprang forward to the widow’s assistance directly the demise of her husband became known, and to those it is her desire that her thanks for their kindness should thus be given.
The Funeral will take place at three o’clock tomorrow, and the friends of the deceased are respectfully invited to attend.

Colonial Times Fri 28 July 1848 p3
The funeral of the late Mr Macdougall was most respectably and very numerously attended on Wednesday last, and those who paid the sad mark of respect to the deceased, are requested to receive the thanks of the proprietress of this paper.

Colonial Times Tues 3 October 1848 p2
On Monday 2nd instant, at her residence, Collins Street, the Widow of the late Mr John. Campbell Macdougall, of a son.

Mary Ann initially asked her brother-in-law Archibald Macdougall to return from Adelaide and manage the newspaper. He reportedly improved the financial state of the newspaper but the relationship became strained when Mary Ann refused to enter into a partnership and Archibald left to live in Victoria.
With the help of a young solicitor named Kenric Brodribb whom she engaged as editor, Mary Ann continued to manage the ‘Colonial Times’ until February 1855 when it was sold to Henri James D’Emden.

From then on, the Colonial Times stated:
Printed and Published by Mary Ann Macdougall, of and at the Times Office, Collins Street, Hobart Town, Van Diemen’s Land. Subscribers in the Country, Launceston, and Sydney, to make their remittance by post, or by some Agent in Hobart Town.

John C Macdoguall died intestate, and Letters of Administration were granted to Mary Ann Macdougall on 31 August 1848 upon Bond being given a Copy of which said Letters firstly and of the said Bond secondly hereafter followed (Tasmanian State Archives- LINC):
In the Supreme Court of Vans Diemens Land, No 222
Be it known unto all Men by these presents that on the Thirty-first day of October in the years of our Lord, One Thousand eight hundred and forty eight Administration of all and singular the goods and chattels credits and effects within the Island of Van Diemens Land and the Dependencies thereof which were of John  Campbell Macdougall late of Hobart Town in Van Diemens Land aforesaid, Newspaper Proprietor and Printer deceased was and is hereby committed to Mary Ann Macdougall of Hobart Town aforesaid the Widow of the said deceased. She having been first duly sworn that she believed the said John Campbell Macdougall died without a Will that she will well and truly administer all and every the goods chattels and credits and effects of the said deceased and pay his lawful debts and for as his said goods chattels credits and effects will extend. And also make and exhibit unto this Honourable Court a full true and perfect Inventory of all and every the goods chattels credits and effects of the said deceased which have or shall come to her hands possession or knowledge or to the hands or possession of any other person or persons for her on or before the Thirtieth day of April now next. And also render a true account of her Administration on or before the Thirtieth day of October in the year of our Lord One Thousand eight hundred and forty nine and afterwards from time to time as she shall be lawfully required. And further that she believes the goods, chattels, rights credits and effects of or belonging to the said deceased at the time of his death did not exceed in value the sum of One Thousand Town Hundred Pounds in Van Diemens Land and the dependencies thereof.
Given under my hand and the Seal of the Supreme Court of Van Diemens Land this First day of November One Thousand eight hundred and forty eight
By the Court
Wm Sorrell
(Intestate died 21st July 1848)

Page three of the Letters of Administration is a Bond pledge stating that:
 “…we Mary Ann Macdougall of Hobart Towm, John Jackson of the same place, Gentleman and William Murray of the same place, Grocer, are and each of us is held and firmly bound unto the Sovereign Lady the Queen, etc, in the sum of Two Thousand four hundred pounds of lawful money, to be paid to the Sovereign etc for which payment to be well and truly made we jointly and severally bind ourselves and each of our heirs executors, and administrators… The Condition is that the above bounden Mary Ann Macdougall do make or cause to be made a true and perfect Inventory of all the goods chattels and effects of the said deceased and the same to be made do exhibit unto the Supreme Court at or before the 30th day of April now next, etc.
Signed by the said parties, MA Macdougall, John Jackson and William Murray
John Jackson, of the building firm Jackson and Addison, who built Broadland House in Collins Street, near Murray Street, for James Ross who published the Hobart Town Courier.
William Murray maybe the William Murray, member of the Hobart Town Mechanics Institute.

Why these two men went guarantor in the Bond for Mary Ann Macdougall, for such a large sum of money, is a mystery at this stage, although they may have been close friends of John Macdougall.

In the Supreme Court of Van Diemen’s Land
In the administration of the Goods of John Campbell Macdougall, late of Hobart Town. In Van Diemen’s Land Newspaper Proprietor and Printer deceased.
To the next of kin of the said John Campbell Macdougall and to all Christian People
You and each and every of you are hereby cited and warned that you be and appear in the supreme Court of Van Diemen’s Land on Wednesday the 6th day of August now next… at the Court House in Hobart Town…
And there show cause to this Honourable Court why the administration of the goods chattels rights credits and effects of the said John Campbell Macdougall deceased…. Should not be granted to Mary Ann Macdougall of Hobart Town aforesaid widow of the said deceased  etc.

Colonial Times Tues 12 Sept 1848 p2
In earnestly reminding those who are indebted to this establishment of their outstanding accounts, the undersigned does so this publicly, because many in the interior districts, and in Hobart Town, have set a kind and considerate example, by sending the amounts due, thus saving her the heavy expenses of collection.
With an expression of her sincere thanks for this kindness, she hopes others will (in the same manner) en-crease the obligation.
M. A. Macdougall
“Colonial Times” Office
Sept 5, 1848

The Colonial Times Tues 13 May 1851 p2 reported a theft:
At an early hour, this morning the premises of Mrs Macdougall, in Collins-street, were broken into, and a cash box was secured by the thief, which fortunately contained but a small sum in silver, and some loose papers and memorandums, of no service to any-one but the owner. The thief or thieves managed to effect an entrance by forcing up the window with the aid of a strong chisel and breaking the fastening, after which they forced the shutters, and on entering the room, broke open a writing desk, the contents of which were of no value to them, as they were left undamaged. Having secured the cash-box, they took their departure, leaving behind them a supply of Lucifer matches. Last week an attempt was made to force the premises of Mr Walch, but the intentions of the burglars were frustrated. The long winter nights are now on us; we therefore consider it necessary to caution the public to be very careful in examining their window-fastenings, in order, if possible to secure their property from the horde of burglarious villains who are nightly prowling out streets in quest of plunder.

The Colonial Times Tues 15 July 1851 p4-
Quarter Sessions, Monday July 7
George Young, charged with a burglary in the dwelling-house of M.A. Macdougall, and stealing monies and articles the property of M.A. Macdougall. Verdict, guilty of larceny only.
Wed July 9- George Young to be transported for 7 years.

In 1853 Mary Ann was required to defend herself in Court against a serious charge of libel which could have resulted in her imprisonment.
Colonial Times 10 Feb and 1 March 1853 p2. And The Courier Thurs 3 Mar 1853 p2/3
Supreme Court
Gray V. Mary Ann Macdougall
In a case of libel published against Mr  James Gray- viz that “he was a convict clerk and a leader of triumphant thieves who swept the Mechanics Institute”, and that he held a situation as clerk in the convict department and had attended a meeting at the Mechanics Institute.
The counsel for James Gray called upon the printer and publisher of The Colonial Times to show cause why a criminal information should not be filed for the leading article of the 21st December last, in which the learned gentleman complained that his client was called a “convict clerk” &c. &c.
A witness attested that Gray had headed and appeared to lead a set of drunken turbulent and disorderly men who were armed with sticks and stones and who with gongs and bells drowned the voices of every speaker except Gray and who eventually drove from the meeting every speaker except Gray, and who finally drove from the meeting the requisitionists by whom it had been convened. The case argued that although Gray had been a convict, he had served his sentence and that calling him a convict was injurious of his reputation and stigmatized him. And that at the time of the dinner he was not a convict, nor was he then, or at any time, a 'leader of triumphant thieves', &c. He referred to Macdougall's affidavit that she tried to mitigate her offence by saying she had heard someone say Mr Gray was a convict, but that she now sees it was a mistake. Mary Ann’s defence lawyer argued that Gray was intent on revenge by sending 'this little widow’ to gaol, and produced witnesses attesting to Gray’s behavior at the meeting. The argument continued on whether Gray should have been described as a ‘convict’ or whether it was libelous to do so.
In affidavits Mr Gray had sworn that he regretted to be obliged to take steps against a lady, and he had proved it, for he had applied twice to know the name of the writer of the libel (who was undoubtedly Kenrick Brodribb- she must have been protecting his identity); but setting that aside, he (the Attorney General) was yet to learn if such libels were to be published under the cloak of female protection. He would say emphatically, NO! As to the affidavit of Mrs Macdougall, in which she tried to palliate her offence by declaring she had always heard Mr Gray described as a convict, he hoped their Honors would teach that lady, that before editors of newspapers publish statements highly inimical to members of the community, it behove them first to learn if there was any truth in those statements.
In summing up, his Honor Justice Horne said:
It had been urged in this case that it was a gross libel to call a free man a convict- and so it would be in England; but he could not conceal from himself there was a great difference between the state of society there and in this colony. Calling a man a convict who had been convicted of an offence and had become free by servitude was an offence, but one for which the remedy must be a civil action. In England, convicts were very differently regarded from the way they were here: there, they were shut up in hulks, penitentiaries, &c; but in this colony they went about the streets free-  were to be found in offices, shops, and, in fact, in every class of society,- therefore, there was not the same sting cast upon a person as there would be in the mother-country. Mr Gray had not been candid with the Court; he tried to suppress from their knowledge the fact of his ever having been a convict. Mr Gray, he thought, ought to have been more candid with them: He ought to have told them he was a convict, what his offence was, and how long he had been free. That would have entitled him to the more favourable consideration of the Court.
He did not think it was a proper case calling for the extraordinary inter-position of the Court. Mr Gray could still have his remedy either by action or at the criminal side of the Court.
The question here was, not whether a libel had been committed, but whether the case should be taken out of the regular course.
He then said the rule must be refused, but not with costs. Mr Knight said he hoped their Honors would re-consider the question of costs. Had Mrs Macdougall done right in showing cause against the rule? Their Honor’s decision had just proved she had. Surely, then, she was to be allowed her expenses in doing that which was right. Mr Justice Horne said he did not consider Mrs Macdougall quite blameless and therefore costs would not be allowed.

This case would have cost Mary Ann financially, and may have contributed towards her decision to sell the newspaper the following year.

Printing Offices for Colonial Times in 1850's



John Campbell Macdougall     b.1836

Daniel Campbell Macdougall    b.1837

William James Macdougall       b.1840

Emily Mary Ann Macdougall     b.1842

Archibald Butler Macdougall     b.1844

Ormond Campbell Macdougall  b.1848

i. JOHN CAMPBELL MACDOUGALL,[viii] Chr. February 10, 1836, Hobart, Tasmania; died 14 April 1877 Victoria (Reg. No 4529; The Mercury Hobart, Fri 11 May 1877 p1). He married in the same year as his mother’s death, 1857, to Catherine McKenzie, at Castlemaine (1857/1940). Catherine, from Rothshire, born circa 1841, daughter of Kenneth and Margaret McKenzie. John's uncle, Archibald Macdougall, took his family to Castlemaine around 1856 after leaving Hobart, to try their luck, unsuccessfully, at finding gold (refer ADB). Castlemaine was the centre of the gold rush, when specks of gold were found in 1851 at nearby Mt. Alexander, and it was claimed to be the richest shallow alluvial goldfield in the world.  In their marriage record, John is described as a storekeeper at Campbell's Creek, Castlemaine. Campbell’s Creek was founded during the gold rush in the 1850’s and its first post office opened in 1858.

(Courtesy of Christine O'Dea, descendant)

John and Catherine's first two children were born at Campbell’s Creek on the southern outskirts of Castlemaine: Mary Annie Butler Macdougall in 1861 (1861/9782), and John Campbell Macdougall in 1863 (1863/6867)
It is unknown at this stage what happened to son John Campbell Macdougall.

 Daughter Mary Annie Mcdougall married Donald McLean at Castlemaine in 1883 (Vic BDM- 1883/969):

                              (Courtesy of descendant Christine O'Dea)

John and Catherine's third child, Margaret Sarah Macdougall, was born on 29 May 1866 at Alma Plains, near Adelaide in S.A., and registered at Gilbert. (SA Genealogy BDM, Vol.44, p422). Licenses for the first pasturing licences at Alma were granted in 1856, so it is unclear why he was there. After their parents' death, the children lived with their uncle Ormond C Macdougall at Wilcannia, NSW, and Margaret died there, at Wilcannia River, in 1882 aged just 16 years of age (Notably her record is registered in SA where she was born). At that time, her uncle was driving river steam boats.

Fourth child, May Macdougall, was born 1874 at Prahan, Melbourne Vic (1874/11264). Again, John appears to have been following his uncle, as Archibald and family went to Prahan where he worked for 'The Argus' newspaper and started 'The Advertiser' in the late 1860's. In 1885, May's sister Mary Annie and husband Donald Maclean applied successfully for the guardianship of May who was just 11 years of age. It is uncertain what happened to May. 

John Macdougall (spelt McDougall) Snr died on 14 April, 1877, at Khull's Range in the district of Dookie, in the shire of Echuca, North Victoria, of apoplexy, reported by his friend James McDougall of Khull's Range.His occupation was described as ‘shopkeeper’. Khull's Range was a small elevation of about 200 feet on the Katandra Run, which was otherwise perfectly flat.  Witnesses to his burial were David Webster of Khull’s Range and John Ingles, another local settler.

                In the 1880 Voter’s Roll for Yarrawonga Shire, Alexander McDougall, James McDougall, Catherine McDougall, and John McDougall are listed as landowners at Katandra.
                      The reason John was visiting this area is not explained, although it appears that he was running a store at Katandra. Nor is his relationship with the McDougalls. (James was the son of John and Jessie McDougall of Katandra), but it would also appear that he had bought a few acres of land at Katandra.

John Macdougall death was briefly reported in The Mercury (Hobart) Fri 11 May 1877 p1

                     Following John McDougall’s death, his wife Catherine stayed at Khull’s Range, and continued running the store. Catherine McDougall is listed in the 1880 Voter’s Roll, and also a ‘C. McDougall’ is in a list of landowners at Katandra on a survey map in the early 1900’s, with 29 acres out of a total of 811 acres collectively for the McDougalls. The Katandra Rate Books show that Catherine McDougall owned a block of land, 50 acres, in 1878, but the 1880 books show the block is owned by another person. (courtesy of Katandra and District History Group). However, despite being listed on the Voter’s Roll, Catherine McDougall of Khull’s Range, daughter of Kenneth and Margaret McKenzie, died in May 1879, aged 38. (Index to the Shepparton News; Vic BDM 1879/4449)
                      Under the administration of John McDougall's estate, as he died intestate, his brother Ormond Campbell Macdougall was appointed as the guardian of his children, with the consent of his widow Catherine. The administration of his will was granted 30 April 1879:

NSW Will Books (Findmypast)- No 3339

                    This was only the month before Catherine's death in May, so presumably she knew of her impending death and arranged for the guardianship of her children be granted to her husband's brother. They were aged 18,16, 13 and 5 when orphaned.
               The document describes John McDougall was 'late of Melbourne, gentleman, Goods sworn under £800 '.
                     However, the above administration of the Macdougall estate appears to have been challenged by a creditor of Catherine Macdougall (storekeeper at Katandra), named Duncan Robert McGregor of Queen Street Melbourne, spirit merchant. He "gave notice of intended application to the Court for Setters of Administrator of Estate to be granted to him as such creditor". His avidavit stated that the Macdougall estate was valued at £579, of which he was owed £35. His claim for the position of administrator of the estate was granted in September 1879. He resigned his position in 1885 when the McLean's applied for guardianship of young May Macdougall and for administration of the estate. Duncan McGregor stated that he had paid £206 for debts due and necessary expenses, and the balance of the estate was invested in freehold and leasehold land in the Parish of Katandra, save sum of £44 in cash. This court order seems to contradict the NSW court administration order granted to Ormond Macdougall who had guardianship of the children. But maybe Ormond was unable to pay the estate's creditors, so he was just appointed guardian, not administrator. (My thanks to descendant Christine O'Dea for this information and documents)

ii. DANIEL CAMPBELL MACDOUGALL[ix] born August 03, 1837, Hobart,
                        Tasmania; died 1896 Bourke NSW (1896/1081). His Will Probate case (SMH 10 Aug 1897 p2) described Daniel as a Civil Servant, late of Pera Bore near Bourke.
                     Daniel Campbell Macdougall died at Pera Bore near Bourke in northern NSW in 1896. Pera Bore was the site of a unique experiment farm, developed to test the suitability of artesian water for irrigating small agricultural holdings. C. Muir of the Fenner School of Environment and Society, Aust. National University wrote the following paper on Pera Bore:
                         "Settlers arrived at Pera Bore in August 1895 to find their 20 acre blocks were surveyed on a 'depressing gidgee covered waste.' They spent the rest of winter and all of spring scrub-clearing. It was summer before they put their first crops in. Then a heatwave struck Bourke, and all of NSW suffered. The temperature did not drop below 46 degrees C for a fortnight. Critics described Pera Bore as a 'howling desert, the water of its bore as malignant as a fountain of corroding soda, etc. Sixty one people died during the heatwave. One of the first to perish was Daniel Macdougall, the manager/caretaker of Pera Bore Experiment Farm. The following month, there was the heaviest rainfall ever known in the west."
                      Although there was some success initially, eventually most of the plantings failed and the government closed the farm and removed any improvements. The settlers left over a period of ten years.

The National Advocate Bathurst Tues 14 Jan 1896 p2, reported Daniel's death:

                       Daniel’s brother Ormond Macdougall, as Inspector of Public Watering Places, and having laid out several of these farms at nearby bores, probably influenced the appointment of his brother Daniel as manager/caretaker of Pera Bore.

Before being appointed to Pera Bore, Daniel was a commission agent. In 1887 he sued a man for libel, in Sydney:
Sydney Morning Herald Sat 26 Feb 1887 p8

                   The claim for £200 damages for slander. The plaintiff was Daniel Campbell Macdougall, commission agent of Castlereagh-street, Redfern. The defendant was John Brown of Central Saw Mills, Pyrmont. The plaintiff’s case was that the defendant had slandered him by calling him a perjurer and a liar, and a man who would swear a man’s life away without evidence. These remarks were alleged to have been made in reference to the evidence of the plaintiff in an action affecting the defendant. The fence was that the language complained of had never been made use of etc. A verdict given for the plaintiff for £50 and costs.

iii.WILLIAM JAMES MACDOUGALL[x], born 25 June  1840, Hobart,Tasmania (NSW
186/33 Tas);

An unsourced 'Ancestry' entry by Patricia Banks, gives year of birth of William James
Macdougall as '25 June 1840 Hobart Tasmania, and year of death as 1890; married inSan
Francisco in 1868 to Rachiel Abbott Norcross (1845-1896, born Philidephia to parents
Daniel Norcross and Harriet Newell Abbott), with seven children born between 1869 and

a) Arthur Campbell Macdougall b.c.1869 California
b)William Ormond Clarence (aka Ormond) Macdougall b.1870 California
c) Emily Florence Norcross Macdougall b.1871 San Francisco, d.1970 Berkeley,
California; m.1904 Walter O. Clement
d) Dora Wyman Macdougall b.1876 California, d 1952 Contra Costa California
e) Ella Mary Macdougall b. 1878 California
f) Edith Mary Macdougall b. 1880 Califormia, d. 1959 Alameda Co., California; m.
g) Herbert Chetwood Macdougall b.1881 California, d.1956 San Francisco, California;
m.Ethel Dollie Stipp

William first appears in the US City Directories, in San Francisco in 1872 and 1873,
professor of music.
In the 1876 Directory he is in Oakland California, professor of music and organist First
Presbyterian Church; 
1879 Oakland Directory- professor of music and organist St Paul’s Church, and in a
separate listing of Teachers of Music; and in 1881 he is still there, residence Nucleus
In the 1880 US Census, W. J. Macdougall, 39, of Oakland, Alameda, California, wife
Rachiel and five of his children, including eldest son Ormond Macdougall aged 10,
occupation Professor of Music, birthplace given as ‘Scotland’ (maybe in denial of his convict
grandparents, but acknowledging his descent from Sir John Macdougall of Scotland
In the 1883 and 1886 California Voter Registers, William James Macdougall was living in
Alameda, California, occupation: Professor of Music.
The fact that he named a son Ormond, a name commonly used by all members of his
mother’s Butler family (and of heritage importance to all Irish Butlers), and was the name of
his youngest brother, and that his first son was named Arthur Campbell after his father
John Campbell Macdougall, would indicate that the information about William is correct.

iv. EMILY MARY ANN MACDOUGALL[xi], born 05 November 1842, Hobart Tasmania. (NSW, 858/33 Tasmania), died 1921 Marrickville NSW  (1921/1237) 
                  married 1.JOHN KENNEDY, Victoria on  10 Aug 1867 (1867/2303) at St Andrews Church Brighton, Melbourne. the son of John Kennedy Esq. of Keswyke, Gunning NSW, magistrate.
                        John Kennedy (jnr) was brother-in-law of William Adams Brodribb of Brighton who was married to his sister Eliza Matilda Kennedy.  In 1853, John Kennedy was squatting in the Riverina, and purchased on William Adams Brodribb’s account, the rights to the Wanganella Run on Billabong Creek near Deniliquin. 
                         (Janette Finch and Ruth Teale, 'Brodribb, William Adams (1809–1886)', Australian Dictionary of Biography, National Centre of Biography, Australian National University,, published first in hardcopy 1969, accessed online 23 May 2015.)

Brodribb sold Wanganella in 1861 as free settlers encroached, and retired to Melbourne. So, it would therefore appear that the Brodribbs arranged the marriage of Emily Macdougall with William Brodribb’s brother-in-law John Kennedy.
                         John and Emily Kennedy had a son, John Kennedy, born 1868 in the District of Bourke, NSW (5673/1868). Their son John Kennedy, died 3 December 1876 ‘at her (Emily’s) residence in Wilcannia’ aged 8. (6557/1877; The Argus, Melbourne, Thurs 14 Dec 1876 p1)  
                      According to Emily’s brother Ormond, he worked for John Kennedy who owned Tarula Station on the Darling River in 1867. It would appear that John Kennedy died in the district of Bourke on 15 September 1871, aged 51 and is buried in Bourke General Cemetery-Old Section. (3055/1871; Bourke General Cemetery: Old General Section (Ref: 304 Bourke Shire)

The Argus, (Melbourne) Wed 14 August 1867, p4

married 2. JOHN NOBLE ALLWORTH on 23 June 1877 in Melbourne (SMH 27 June 1877 p8), branch manager of Australian Joint Stock Bank at Wilcannia NSW, son of  Rev. William Parker  Allworth of Sydney.  John Noble Allworth, born 1845 Adelaide S.A..  died in 1923 (1923/17784) at Marrickville Sydney.

The Argus (Melbourne) Thurs 28 June 1877 p1

Their first son, William Ormond Allworth b.1878, died at Wilcannia 4 January 1879, aged 6 months 1879, after wo days illness. (16102/1878; 6781/1879; Sydney Morning Herald Tues 14 Jan 1879 p1). 
                  Second son John Campbell Allworth (b.1880 Redfern Sydney, d.1967 Canada) left home at age 19 and was reported missing by his father in September 1899 (NSW Police Gazettes) after going off to the country to seek work. In March 1900 he was arrested and convicted of 'illegally using a horse' and given 6 months hard labour at Dubbo Prison (NSW Police Gazettes- 2.5.1900 p.167; 27.6.1900 p.240). Shortly after, he left for England and lost contact with his family. He married firstly Catherine Ross 1916 at Gateshead Durham England, and secondly, Ada Mary Webster in Dec 1926. John  became a merchant seaman (marine engineer), and served in WWI  as a Lance Corporal in the 1/26th London Regiment. Emigrating with his wife Ada  to Canada in  1929, he settled in Quebec where he was described as an aviculteur (chicken farmer) in the 1940 census,  but moved to Victoria in British Columbia  by 1953 where he  died 29th Oct 1967.
                            (information and photo courtesy of descendant Keith Allworth)

v. ARCHIBALD BUTLER MACDOUGALL[xii] born 17 June 1844, Hobart Tasmania, died at  Greenwich London, 21 May  1895 (GRO-UK,1895, Vol. 1d, p.569)
                      In 1861 went to England and became an apprentice merchant seaman, and  gained his Certificate of Competency as Second Mate on  2 Sept 1868 at Liverpool, and his Certificate of Competency as Master on  21 April 1881. (
                      In the 1871 English Census, Archibald B Macdougall, age 25, born Hobart, was living with his uncle William J Macdougall, aunt Susannah Macdougall and four daughters, Jessie 23, Fanny, 21, Clara 19, and Ellen 17 at Birkenhead, Cheshire
                       He married on 8 March 1878 at Birkenhead Liverpool England to his cousin  Fanny Macdougall daughter of his uncle William James Macdougall Esq., surgeon of Liverpool England.

The Argus, Melbourne, Mon 26 August 1878 p1

                    (Doctor W.J. Macdougall died in 1882 from the same complaint as his father - an aneurism in the thigh. His leg had to be amputated and he sat up and watched the surgeons cut his leg off.  The operation was however too late as mortification had set in.

                     Dr. William J. Macdougall and John C. Macdougall’s paternal grandfather was Sir John Macdougall of the Isle of Bute, Argyll, Scotland (1760-1811), and maternal grandparents were Archibald MacGibbon Esq of Inveraray and Glenary, Argyll, and Mary Stewart of Perthshire. (refer: family tree of Patricia Banks)
                         Their father, Captain John Macdougall (1783-1845), born on the Isle of Bute, a sea merchant, was involved in a complicated court case over the insurance of a vessel sunk in the North Sea in 1816. He was tried in Edinburgh before the Judge Admiral for having advised the master of a brigantine, which Macdougall had previously owned, to sink her in the German ocean. Macdougall denied having given such advice, and believed the vessel was fairly lost, yet was found guilty, given a life sentence and transported to Hobart in 1821. (In a his memorial for a ‘Free Pardon’ dated 24 Jan 1825, he stated that “he was much known in the commercial world as the House of John Macdougall, his other partners being Colonel John Campbell of Achinwilline near Rothesay (Isle of Bute) and (his father in law) Archibald MacGibbon Esq. of Inverary”. Archibald McGibbon was son of William McGibbon and Davida Campbell- hence the name of Campbell in the Macdougall line.)
                       John’s wife Davinia McGibbon and his children followed him to Hobart in 1825.

Archibald Butler Macdougall's Career:
                       Archibald commenced as an apprentice on the Ceres (Glasgow) 28 Nov 1861 on which he served for nearly 2 years. Between 1864-1868 he served on six ships, then sat for his examination as Second Mate which he was awarded on 12 Sept 1868 at Liverpool. A second mate was the third in command and a watchkeeping officer, customarily the ship's navigator whose role focuses on creating the ship's passage plan. After that he served on several ships (registered in Liverpool, London, Shanghai, Leith, Glasgow) and joined the B&NARMSPC (Britain and North Atlantic royal Mail Steam Packet Co.) which became the Cunard Steamship Co. in 1879, serving on the China (purchased 1862) a 2550 GRT iron hulled screw propelled steamer delivering mail to New York under contract and catering for steerage passengers. He was then on the Siberia  (purchased 1867), an intermediate type 2550 GRT a high speed screw propelled steamer; the Bothnia (purchased 1874) express type 4550 GRT, and the Scythia (purchased 1875) express type 4550 GRT.

The Bothnia (Wikipedia)

                 Archibald applied for his Master’s certificate and was initially rejected: "Certificate not to be issued but may be re___ without fee when he has performed the amount of service of which he is deficient". His Masters Certificate was awarded on 21 April 1881.  A ship’s master was in charge of all aspects of a ship’s operation while at sea and in port, overseeing activities such as the loading and unloading of cargo, repair and maintenance work, navigation and all other activities essential to the safe, efficient and effective running of a ship. They were also responsible for managing the ship’s budget and expenditure, as well as preparing voyage plans. They must also record the daily activities in the ship’s log, including the course and any alterations, the ship’s position, any repairs and the weather conditions. All ship's captains must hold a Master's Certificate.
                       In the 1881 UK Census, Archibald was listed on the vessel Bothnia, as third officer.
                       In the 1891 UK Census, he and wife Fanny were living with a Scottish bank manager named Henderson and his family and two servants at Hoscate Park at West Kirby and Hoylake Cheshire. He was described as a Master Mariner.
                   Archibald Butler Macdougall, aged 47 (sic- 51), died at 35 South Street Greenwich West, London, on 21 May 1895, his widow F. Macdougall present at his death, and his occupation described as "Pier Master". (GRO-UK 1895, Vol. 1d, p.569)

vi. ORMOND CAMPBELL MACDOUGALL [xiii], born 02 October 1848,
          Hobart, Tasmania; died 1930 at son's house at Neutral Bay, Nth Sydney (17916/1930)
                        He married CATHERINE McGEORGE 1879 in Wilcannia; 
1.Ormond Butler Llewellyn MacDougall b. 1881, Wilcannia, d. 1947 Neutral Bay Nth Sydney; m. Gertrude A Radestock 1909 Broken Hill NSW (1909/10766). (Licensee of the Wentworth Hotel, Broken Hill, and led a very colourful life, as reported in the newspapers)

2.Archibald Campbell Macdougall b.? Wilcannia, m. Olive Harradine in Sydney in 1913 (238/1913); d. 1945 (23317/1945) at Broken Hill- issue at least one daughter, Jean M. Macdougall b.1913 (34553/1913)
                       Archibald's funeral was described in The Barrier Miner, Broken Hill Sat 29 Sept 1945 p4:
                     The funeral of Mr Archibald Campbell Macdougall took place yesterday, leaving the Masonic Temple. He was buried in the Church of England Cemetery... The bearers included Messrs F. Thomas, H. Perry (North Mine), W. Mawson and J Barrett (Masonic Club), J Fitzpatrick and F Wicks (Broken Hill Masonic Lodge).
                   In the Barrier Miner  Tues 28 Feb 1928 p3, Archibald was witness in a dangerous driving case. "Archibald Campbell Macdougall, secretary, residing at 639 Williams Street, deposed that, in the last two years, he had ridden with the defendant (who worked at North Mine) at least twice a week, and that he is a careful driver." (the case was dismissed).
                       The Barrier Miner, Wed 24 Oct 1945 p2, Probate Notices: In the Estate of Archibald Campbell Macdougall, late of Broken Hill, deceased Intestate- Application will be made that administration of the Estate of the abovenamed deceased may be granted to Olive Macdougall, the Widow of the said deceased...

Ormond Campbell Macdougall
Mayor of Wilcannia
(Australian Town and Country Journal Sat 29 dec 1888 p27)

The following article about Ormond's life  appeared with the above photo in the Australian Town and Country  Journal:
Mr Ormond Campbell Macdougall, Mayor of Wilcannia, is the youngest son of the late John Campbell Macdougall, a lengthy account of whose death appeared in the Weekly Times, “published by Mary Ann Macdougall, Collins-street Hobart Town, Van Diemen’s Land,” and dated July 25, 1848. The subject of our sketch was born in Hobart in 1848 (the year in which his father died); and shortly afterward he went to Melbourne. He was educated in the Church of England Grammar School Melbourne, under the Rev. Dr. Bromby, from 1857 till the end of 1863, and for a term under Mr A. Robinson M.A. at Brighton Victoria. In 1864 he went to Torrumbarry Station, near Echuca, to learn the pastoral business under Mr W. T. Harpham, the manager. In 1867 Mr Macdougall went to Tarula Station, on the Darling, then owned by his brother-in-law, the late Mr John Kennedy. Since then Mr Macdougall has had a rather checkered career, but has, on the whole, been successful. He has at various times been managing stations, has then turned to sheep and cattle buying, has run steamers on the Murray, Murrumbidgee, and Darling rivers, and has finally settled down as a commission agent. He has taken much interest in the progress of the Darling Districts, with which he is thoroughly acquainted. He was elected an alderman of Wilcannia in 1886, and in February of the present year was chosen for the office of Mayor.

The article explains that the younger children were placed in a private boarding school shortly after their mother's death in 1857. 

As previously recounted, Ormond's eldest brother John Macdougall died in May 1877. Under the administration of John McDougall's estate, as he died intestate, his brother Ormond Campbell Macdougall was appointed as the guardian of his children, with the consent of his widow Catherine. The administration of John's will was granted 30 April 1879. Catherine died in May 1879, so presumably the children went to live with Ormond at Wilcannia (viz. Mary Annie b.1861; John Campbell b.1863; Margaret b.1866; May b.1874. No marriages for these children have yet been found, although a Mary Annie Mcdougall married Donald McLean at Castlemaine in 1883 (Vic BDM- 1883/969), which suggests that she was living with her father's uncle's family at Castlemaine, Victoria.

Ormond left Wilcannia in late 1890 for Bourke. He was honoured by the residents:

Sydney Mail and NSW Advertiser, Sat. 18 October 1890 p.893

As previously mentioned (re brother Daniel Macdougall's death at Pera Bore), Ormond C. Macdougall was appointed Inspector of Public Watering Places before March 1891 when he placed adverts on 21 March 1891 in the Western Herald, Bourke, calling for tenders to erect a two roomed cottage at Two Hole Water Holes Tank, and for tenders to supply tank, troughing and fencing at Tinchelooka Bore.

A paper written on the analyses of the artesian waters of NSW and their value for irrigation, was printed in the Australian Town and Country Journal, 25 January 1896 p25:
The Superintendent of Public Watering Places suggested that experimental farms should be started in the vicinity of some of these bores and his suggestions were acted on by the Hon. Minister for Mines and Agriculture. At the Native Dog Bore, situated on the Bourke-Barringun-road, an experimental farm, embracing four acres of land has been made. The farm at this bore was laid out by Mr Inspector (Ormond) Macdougall in October 1892, with the first planting done during that month.
In July 1893 the farm was enlarged and those living there were growing successfully, including lucerne, maize, sorghum, wheat, fruit trees, olive trees, vines, a few bananas, 2000 forest trees and 23 sugar canes. A trial farm was also laid out on the Baringun Bore in October 1892, etc" 

The Bathurst Free Press and Mining Journal, NSW, Tues 22 Jan 1895 p3- Bourke District Intelligence, reported:
In January 1895, the Minister for Mines approved of Mr Millen's irrigation scheme at Pera Bore and division of the land into 20 acre blocks. Yesterday we were shown a magnificent water melon, which had been received by Mr O.C. Macdougall, local Inspector of Public Watering Places. This shows what can be done by irrigation.

In 1896, O.C Macdougall, Inspector of P.W.P, Bourke, called for tenders for the erection of 3 miles of fencing at the Pera Government Bore (Western Herald Bourke Sat 16 May 1896 p3.)

In August 1901, Ormond was appointed superintendent of roads at Broken Hill. (Barrier Miner, Broken Hill, Tues 6 Aug 1901 p3). There are several adverts calling for tenders, placed by Ormond Macdougall, Superintendant of Roads, Broken Hill, in the following years.

The Sydney Morning Herald, Wed 31 Dec 1930 p8, reported Ormond’s death:

[i] Colonial Secretary’s Office 1/270/6513
[ii] E. Flinn, Macdougall, John Campbell (1805?-1848), Australian Dictionary of Biography, Vol 2, Melbourne University Press, 1967, pp163-164
[iii] Ronald Parsons, Australian Shipowners and Their Fleets, Book 5- 1st Published July 1979, South Australia; this printing April 1985 (self published); Encyclopedia of Australian Shipwrecks- Furneaux Group Shipwrecks, website:
[iv] Government Gazette, 1839, page 589, Court of Claims Case No. 399, Rosetta Terry

[v] Government Gazette, P189 28/2/1835

[vi] Lloyd Robson, A History of Tasmania, Vol 1, p334, Oxford Press 1983
[vii] E. Flinn, “Macdougall, John Campbell (1805?-1848)” , Australian Dictionary of Biography, Vol 2, Melbourne University Press, 1967, pp163-164
[viii] NSW Registry of Births Deaths and Marriages, index no 2028/35 Tasmania;  Tasmanian Registry of Births Deaths Marriages, index no: 32 1838 6732
[ix] Tasmanian Registry of Births Deaths Marriages, index no: Rgd no 32; Reg no 1837 7609
[x] Tasmanian Registry of Births Deaths Marriages, index no 33 1840 186; NSW Registry of Births Deaths and Marriages, index no 186/33  Tasmania
[xi] Tasmanian Registry of Births Deaths Marriages, index no  33 1842 858; NSW Registry of Births Deaths and Marriages, index no 858/33  Tasmania
[xii] Tasmanian Registry of Births Deaths Marriages, index no 33 1844 361; NSW Registry of Births Deaths and Marriages, index no 361/33  Tasmania
[xiii] NSW Registry of Births Deaths and Marriages, index no 1057/33  Tasmania; Tasmanian Registry of Births Deaths Marriages, index no  33 1848 1057 born 2 October 1848.