William Marks

71

Robin Sharkey on 4th September 2025

LIFE AS A CONVICT Marks was not a tall man. His 1831 Certificate of Freedom described him as 5ft 3in tall, with a pale & pitted complexion, light brown hair, and blue eyes. When Marks arrived in NSW aged 21 he was first assigned to John Knight of Liverpool, who was an auctioneer. He was next assigned to John Murphy. On 21 Apr 1827 he was listed on a supplies list in the accounting records of the Rev Thomas Hassall. That was the same month that Hassall bought the farming property ‘Denbigh’ from Charles Hook. In 1828 Census, Marks was a groom and labourer on Hassall’s ‘Denbigh’, at Cobbitty. On 6 July 1829 he sought the assistance of Rev Hassall in obtaining a ticket of leave, although he noted that he was happy to remain with Hassall for the two remaining years of his convict sentence. No ticket of leave was obtained. FREEDOM In 1831 he was an overseer on another Hassall property of 1,280 acres on Mulgowrie Creek at Salem Vale, near Binda NSW (Crookwell area). Aged 28, he now received his Certificate of Freedom: no 31/103, dated 1 Sept 1831. An unpublished manuscript from the Hassall family papers [held in State Library of NSW] states that “Thomas Hassall, although benevolent, was an authoritarian employer who did not like his employees to be independent and did not encourage a close relationship with them.” Now a free man, Marks continued working for Hassall on the Salem Vale property. FAMILY LIFE On 27 December 1833 Ann Maria Lamb, aged 17, arrived in Sydney as a Bounty immigrant aboard the Layton, one of the first ships to bring a load of free women to the colony. Ann soon met William Marks. Their daughter, Mary Ann, was born in 1835, and son, James, in 1836. They married on 24 February 1838 at the Police Office in Goulburn while Ann was pregnant with their third child, Elizabeth Jane, who was born on 22 June 1838. Their family expanded further, with another six children born, the last in 1852. James Hassall (B.1823) was the son of the property owner, Thomas Hassall. As an old man, he wrote a book of reminiscences. Referring to a visit to Burrowa and detouring via Mulgowrie with a young cousin he wrote, perhaps a little condescendingly: "Our stockman at Mulgowrie was a man called MARKS, a well known and comical character. I remember some years before, about 1836, he bought a mob of cattle to be sold in Sydney. The great comet was plainly to be seen then and whilst my father was talking to him on business matters and admiring the comet MARKS said to him, "Why sir, you will be disprised to hear that when I was on the Lachlan a short time ago, I can assure you that the comet was not a bit bigger there than here - although I was so much nearer to it." ….. “We arrived at the station in the evening and found at the homestead a strong substantial stone house. MARKS had persuaded my father to let him build this on account of the bushrangers, Witton, Reynolds and party who threatened to shoot him and several neighbours in that part of the country. He had port-holes left in different places and taught his wife to load and fire the gun, but the gang I believe, never paid him a visit. ... Next day we rode into Goulburn, part of the way with MARKS, who rode a very fast racer, named Conservative, with which he had won many races in the Goulburn district. We passed the Betherwetherloo, a creek whose name took my fancy, and reached Mr Shelley's that evening, ..." [From the book “ In Old Australia” by Rev. James Samuel Hassall, at pages 48-49. Viewable on line in openlibrary.org] OUT ON HIS OWN ACCOUNT William Marks was granted a depasture licence from 1 Oct 1839 on land Salem Vale, at Mulgowrie and called the property ‘Markdale’. [State Records NSW, Depastruing licences SERIESNRS 14363]. In 1840 Rev Hassall was forced to sell his own Mulgowrie property in the wake of the collapse of the Bank of Australia in 1840, and William Marks therefore no longer had a job with him. In the 1841 Census he was recorded at resident at Salem Vale with his family. From 1840 to 1858 he was employed at the boiling down works in Mulgowrie and he also bred horses on ‘Markdale’. From the comment of William Hassall above, he knew his horses very well and must also have trained them. In the depression of the early 1840’s, wild horses were captured for boiling down, and horses that owners could no longer afford to keep. William Marks also drew on his original English occupation of dealing with pigs, and bred and sold them. In 1850 the Binda Purse was won by William Marks’s horse ‘Dentist’ won the Binda purse. The Binda Picnic Races began in 1848 on a racing track made at the 'Funny Hill' sheep station. (Goulb Herald, 12/01/1850, p.6) In 1852 he had 20 unbroken colts and some broken-in horses for sale. His residence Markdale was “near the Crookwell River” (Goulb Her. 26/6/1852, p.7) In February 1857 he was selling 40 ‘superior colts and fillies’ at the new sale yards in Bathurst (Bath. Free Press, 4/2/1857, p.2). WILLIAM MARK’s CHARACTER Throughout the 1850’s snippets appearing in newspapers give insight into William Marks’s character. On a charge of horse stealing in 1855-56 against one McCarthy, previous evidence indicated Marks had bought the horse from McCarthy, and claimed he’d used the receipt for lighting his pipe. A warrant was out for Marks, who was away in Sydney, the implication being he knew the horse was stolen. (Goulburn Herald, 19 /01/1856, p.4) In Oct 1857 he had sold 14 bales of wool to the Goulburn wool store dealer, Isaac Levy, at a price set on his having warranted the wool to be clean fleece. But on examination in Sydney, each bale was found to have greasy fleece secreted in the centre. Verdict was in Mr Levy’s favour and Marks had to pay the full £32 loss. (Goulburn Herald, 31/10/1857, p.3) Marks responded to this being reported in the newspaper by writing his own long letter in defence. He claimed that the first he knew of the problem was by letter from Levy’s attorneys whereas the “straightforward tradesmen” would adopt a course of first “stating to me that the wool was not of the same class throughout..” ) Goul Herald, 21/12/1857, p 2) In 1857 two of his sons had found in a stockyard the carcase of a cow with their father’s brand on the hide. The young man in charge of the stockyard admitted his guilt in stealing the cow to William Marks the father. The man said how sorry he was, promised he would never do it again (it was a first offence) and offered £10 to not be prosecuted. Marks – the man who’d been transported to Australia for theft – refused, and pursued the prosecution. At the trial, there appeared to be discrepancies in the Marks sons’ statements and one admitted that some cattle of the family had been sold some time before, by Mrs Marks. Nevertheless, the young man was sentenced to five years hard labour on the roads. (Empire 3/10/1857, p.3) LEAVING HIS FAMILY William Marks left his family, perhaps during 1855, certainly by 1856. In 1855 his nine children (if all had survived) were aged 20 years, 19, 17, 14, 13, 11, 9, 6 and 3. In 1855 he had cautioned the public, in an advertisement, against giving credit to any person WHOMSOEVER on his account without having a written order from him. (Goul.Herald, 21 Apr 1855, p.2) Such ads were usually intended stopping wives from getting any goods or money on credit. Ann Marks, of Binda, advertised in January 1856 requesting that her brother, Richard Lamb, who had been recently seen in Goulburn, write to her. (Goulburn Herald, 5 Jan 1856, p.5). The Police Gazette, 1856 reported a description of him, since a warrant was issued, as follows: “William Marks is charged with deserted his wife and family, at Goulburn, on about the 25th of December last [i.e.1855]. He is about 5 feet 6 inches high, about 55 years of age, grey hair, blue eyes, rather prominent features, front teeth wanting, speaks quickly, travels in a gig with a bay mare. Branded [xxx] on the shoulder, and was, at the time, accompanied by a girl of about 17 years of age, and an infant; he has been seen frequently about Berrima, Picton and Campbelltown, and is often in Sydney.” “ On 22 Feb 1956, William was charged at the Police Court in Goulburn with deserting his wife and family. The magistrate decided to leave the couple for one week to see if there could be a reconciliation or agree maintenance. (Goulburn Herald, 23/02/1856, p.4) A week later no arrangement had been reached. The magistrate set it down “in resignation” for one week later again, to make a determination. Presumably an order was made that he pay an amount of money. For the upkeep of his wife and family. On 17 May 1856 (Glbrn Herald) he warned that no one was authorised to sell any sheep, cattle, or horses on his behalf, and he would prosecute anyone who purchased them other than from him. This is clearly a shot across the bow of his wife should she attempt to do so. One week later he also cautioned anyone from giving credit to anyone else [ie this meant his wife] on his behalf. However, in 1857 his older son, James aged 19, and Wm jun aged 16, were working with him, as they were involved in the prosecution of the young man referred to above. ***************** In 1858 William Marks senr bought 640 acres at Slete's Gully near Binda, from Richard Moses (part of the deceased estate of Goulburn merchant Elias Moses) and named it, also, ‘Markdale’. There he built a tiny slab cottage still existing on the Markdale property. [info from website ‘somewheredownsouth’ – see references] That year he sold some horses, referred to as being “from stud of Mr William Marks of the Crookwell”. (SMH 31/3/58, p.2). DEATH and AFTERMATH William Marks died on 19 March 1861 when returning home from Binda with his son. If he was aged 21 on his 1825 arrival in NSW then he would have been aged 57 or 58 years at death. His grave records 58 years. Details of the accident that caused his death were set out in the Goulburn Herald, 20 March 1861, p.2: “FATAL ACCIDENT.—Yesterday, about eleven a.m., Mr. William Marks, of Markdale, Georgiana, was returning home from Binda, where he had been on business accompanied by his son. In the course of conversation he expressed an opinion that the horse he was riding could race, and that he could beat the horse that had walked over for one of the prizes at the Laggan races the day before. He then gave his horse the whip and started him into a gallop. The animal, a very headstrong one, became almost unmanageable, and ran Mr. Marks up against a tree. He was struck full on the forehead, and immediately fell. His son came up directly and raised the body, but life had fled. So violent was the collision that the tree where struck by the deceased's head, looked as if a blow had been inflicted by a large stone or a hammer. Mr. Marks was about sixty-five years of age, and was perhaps the oldest resident in his neighborhood, where he had lived between thirty and forty years.” He is buried in St Saviour’s cemetery Goulburn. His grave is marked by a respectable sandstone headstone. His family must have thought he had died intestate (without a will) since his son, William, gave notice of intention to apply for Letters of Administration (see NSW Gov Gazette, 8 Oct 1861 p.2131). However a valid will was located since, two months later, the widow ‘Hannah Marks’ gave notice that she intended to apply for Probate of her husband’s last Will and Testament. (NSW Gov Gaz, 13 December 1861, p. 2678). This was granted (State Records NSW, Probate: 5399, 30 June 1862). His widow moved into the slab hut William had built and ran it as an inn called the Horse and Jockey Inn, at Markdale Forest. She advertised that the inn was to open on 1 April 1863. (Goulburn Herald, 21 March 1863, p.3). Ann Marks married again (aged about 51), to Francis Campbell at Binda. Family sites state the marriage date as 16 August 1865. She died in June 1894 and is buried in the Binda Cemetery.

342

Maureen Withey on 19th May 2024

At the General Quarter Sessions of the Peace for the Western Division of our county, which ended at Horsham, on Wednesday last, the following Prisoners were tried William Marks, aged 20, and William Till, ?0, for stealing at Boxgrove, a quantity of wool and turnip seed, and divers other articles, the property of the Right Hon. Wm. Huskisson. Each, Seven years transportation. Sussex Advertiser, 19 July 1824.

174

Iris Dunne on 3rd March 2021

General Muster 1825: Employment - G S. to Isaac Knight Liverpool Bound Indentures: aged 21, Trade Pig Dealer, Sent to Evan Colonial Secretary Papers:- 6 May 1825 on list of convicts landed from the Asia & forwarded to Evan for distribution 31 May 1825 on return of convicts received from Sydney & assigned to settlers by the Bench of Magistrates, Penrith; to John Murphy

174

Iris Dunne on 3rd March 2021

Criminal Registers: Trial Year 1824 for Larceny Certificate of Freedom No. 31/903 dated 1 September 1831, Native Place Bristol, Trade Laborer, Tried 26 July 1824 for Stealing from a dwelling House, Year of Birth 1803 Indents: Conviction 13 July 1824

4

Gab on 3rd March 2021

Stole a sock, wood poke and pig feed. Founded Markdale (NSW).