The Tailor and the Shipwright

by Robert Westphal

  Harriet Atherden took control of the situation and the impending disaster. She had the rest of the family moved to her home away from the infection. The Foster home was disinfected with chlorinated lime, which was set in dishes, several times a day, to destroy the infection and contagion.

  However, these measures were too late for two of the members of the Foster family. In May 1841 scarlet fever claimed not only Anastasia but also six-year-old Thomas Foster, who passed away soon after his mother. The losses for the family were harrowing. The two of them were interred in the family vault at the Devonshire Street Cemetery, where Thomas O’Neil had earlier been placed. William was overwhelmed with sorrow.

  The Fosters were not the only family to suffer from the ravages of scarlet fever in these years. The death toll in the colony was significant and widely reported in the newspapers.

  Anastasia’s death notice in the Sydney Monitor and Commercial Advertiser read as follows:

  At her residence, Cumberland Street, on the 22nd instant, Anastasia the beloved wife of William Foster leaving seven children to deplore her loss.

  The death of Anastasia placed the family into crisis. Fortunately, for William and the surviving children their close friends the Atherdens were there. After eleven years of marriage the Atherdens had no children. Over the years the Atherdens had enjoyed the Fosters’ children and had been effectively aunt and uncle to them. Harriet Atherden stepped into the breach caused by Anastasia’s death and took charge of raising the Foster children.

  41.

  The Will

  SYDNEY TOWN, 1846

  Normally 374 Cumberland Street was full of noise, which was the way William liked it. Elizabeth, the Fosters’ eldest child, had married in 1842 and moved out but the other six offspring still lived between the Atherden and Foster homes.

  That was how the households ran until William suddenly took ill in the middle of spring 1846, and from then on George and Harriet Atherden became full-time carers. William could no longer look after his children. The house felt quiet and empty. It reminded William of the time when Maria and William Foster junior left for the Derwent so many years ago.

  George had turned five, Harriet nine and Sarah thirteen. John, who suffered from seizures, was sixteen and Ann, now eighteen, also moved in with the Atherdens. Harriet Atherden had saved Ann Foster from the burden of looking after the younger children and for this she was very grateful.

  William Foster had become very ill. He was confined to his bed in Cumberland Street. Every day George and Harriet Atherden visited to find he was not improving but was a little worse. Atherden arranged for the doctor to see him and the doctor carried out tests and muttered some kind words but there was little he could do.

  From William’s colour, Atherden did not believe he had long to live. Harriet tried to make him comfortable with a cold drink of water and a fresh pillow.

  As well as William and Anastasia’s six surviving offspring, William had his firstborn son, William junior, who was now thirty-five, from his liaison with Maria Thompson. William junior was still farming at Green Ponds (near Hobart), Tasmania.

  William had been very healthy prior to the sudden onset of this illness. He was fifty-eight years of age and had led a healthy life. He was totally unprepared for death. He had not felt it coming.

  With great difficulty he raised himself on an elbow and spoke to Atherden: ‘George, I have no will and I must take care of my assets so my children are protected in the event I don’t survive this illness. I have been very remiss. You’d think with all the issues with Barney Kearns I would have done something sooner, but I haven’t. Call Matthew Charlton Junior to my bedside so I can dictate my will.’

  There were a lot of assets and children and it would be a complicated estate. Atherden was aware of most of Foster’s land holdings but not the complete portfolio. With a heavy heart he rose to his feet and left to arrange for William’s solicitor to attend the house. A short time later Atherden returned with Charlton, who drew up a table to write down William’s bequests.

  William raised his eyes. ‘Charlton, thank you for coming at such short notice. I fear I might not last much longer.’

  ‘Foster,’ started Matthew Charlton, faltering a little at the sight of this once unconquerable man being brought undone, ‘I am sorry to see how things are.’

  ‘Get on with it.’ William gave an impatient wave of his hand and Charlton rallied.

  ‘The first thing we must settle upon is the name of the persons you are nominating to be your trustees and executors.’

  ‘Charlton, they must be of utmost good character and scrupulously honest. While the older children can possibly look after themselves, the young would have no chance against someone of poor character. There are many thieves in Sydney who would want to get their hands on my properties.’

  After a period of thought, William resumed. ‘There are three gentlemen I have the utmost faith in and I have known for many years. Therefore, I will nominate as my trustees, John Campbell and Robert Campbell of Campbell’s Wharf and George Atherden, wharfinger, also of Campbell’s Wharf. Charlton, before putting pen to paper I must ask George whether he is willing to take on this role as I suspect that he will have to do all the heavy lifting in this matter.’

  William turned his head to look directly at George.

  ‘William, I would be honoured,’ Atherden replied. ‘You know how much Harriet and I adore your children. We will undertake to raise them as if they are our own. We will ensure the young ones do not forget their real mother and father.’

  ‘Thank you, George. I knew I could rely on you and Harriet. You are both marvellous. I just wish I had a few more years to see the children grow up.’ Following a pause to gather himself, William continued, ‘But that is, in all likelihood, not to be.’

  William turned his attention back to the solicitor. ‘Charlton, I want to ensure, as much as possible, that each of the children are treated equally.’

  ‘I understand, Mr Foster.’

  ‘As you are aware I currently own eighteen properties: seventeen in The Rocks and one at Black Wattle Bay.’

  ‘Yes that agrees with my understanding.’

  ‘My eldest son William Foster is a farmer, who lives at Green Ponds, Van Diemen’s Land. Leaving a property to him does not make a lot of sense. Probably a solution would be to leave him a cash amount. Let’s say a hundred pounds. A sum of that amount is fair and could make a real difference to his and his family’s lives.’

  Matthew Charlton was busily scribing Foster’s intentions.

  ‘Now moving on. Each of my properties are not of the same value. So to leave three each would not be fair. Accordingly I need to balance their values. Some will inherit only two properties and others more so that the total value is roughly equivalent.’

  While William had not drafted a will until this moment, he had previously, in his mind, carefully thought through to whom each property would be bequeathed. He thereafter recited the name of each of his children and the individual properties they would inherit. It was a very detailed dictation. Fortunately Charlton had the description and the details of each property in his files so he could add the details later.

  Lastly, William let it be known that all other residual assets were to be shared equally between the children of Anastasia and himself.

  ‘Mr Foster, one matter on which I need clarification.’

  ‘What’s that, Charlton?’

  ‘I assume once each of the children reach twenty-one years of age the testaments would vest.’

  ‘Correct, Charlton.’

  ‘Therefore, until that age the trustees should be empowered to use the income for the maintenance, education and support of each child.’

  ‘Very good point, Charlton. Absolutely. George and Harriet must not be out of pocket in raising the children.’

  Once William had fully described his intentions, Charlton left to draw up the will. Atherden accompanied him to ensure there were no misunderstandings
of William’s intentions. Later in the day Atherden and Charlton returned to William’s bedside with a twelvepage document.

  Foster looked at it briefly. He was too tired and too sick to read the document in detail. It had been a very long day. He looked at Atherden, ‘Is the document consistent with what I outlined today?’

  ‘William, I have been through it in detail with Charlton and can confirm it absolutely coincides with your intentions. You can sign it without any qualms.’

  William picked up a pen and signed his name on the document. The will was dated 1 December 1846. He had no doubt that George and Harriet would look after his children. George shook William’s hand and Harriet bent over him and gave him a hug.

  Three days later William Foster’s last thoughts were with his mother, Elizabeth, and he wondered what her last hours were like. He would never know. He fervently hoped his children would make the best use of the legacy he had left them and go on to prosper.

  Over the last week of William’s life each of his children visited him in his home and gave him a hug and said their goodbyes. The little ones had already moved in with the Atherdens.

  William Foster passed away on 4 December 1846 with George and Harriet and his eldest children at his bedside. He was fifty-eight and had lived in Sydney for forty-four years. He had dealt, as best he could, with his children, both boys and girls, old and young, equally in his will.

  He was given a Wesleyan funeral and several days later a notice of William’s death appeared in the Sydney Morning Herald:

  Died – On the 4th instant, in Cumberland Street, Mr William Foster, shipwright, aged sixty-three1 years; he was a resident of the colony many years.

  The notice avoided any mention of William’s convict past and the actual length of time in the colony as the city had not outgrown, and would not, for over one hundred years, its sensitivity about its convict origins.

  He died a respected business man. His seven surviving children inherited a prosperous start to life. His mother, Elizabeth, would have been proud of his achievements!

  * * *

  1 As to William Foster’s age there is a discrepancy of five years between the death notice and the Portsmouth hulk records. Misleading information was often included in death notices so that one's convict heritage could not be traced.

  Epilogue

  GEORGE AND HARRIET ATHERDEN

  George and Harriet Atherden faithfully carried out their pledge to William Foster to raise and look after his and Anastasia’s children.

  Sometime after 1844 George was made the manager responsible for the whole of the Campbell & Co operations at Sydney Cove.

  William’s children, apart from William junior and Elizabeth, were minors at the time of William’s death, and those properties that were bequeathed to them were held in Atherden’s name as trustee until each of them reached adulthood.

  Atherden followed Foster’s lead and became a substantial property owner around the area of The Rocks and other parts of Sydney, even developing three-storey buildings in George Street. In 1875, at the behest of John Campbell, Union Street in The Rocks was renamed Atherden Street, a name it still bears to this day.

  Harriet Atherden passed away in July 1875 as a result of a fatal accident and her husband George in October 1879. They left substantial assets to the Foster children, to their tenants and to charities. George Atherden was a religious man and a member of the Garrison Church at The Rocks.

  MARIA THOMPSON (FOSTER)

  Maria, having returned to Van Diemen’s Land in 1817, did not return to Sydney. In 1821 she married George Flexmore, also an ex-Norfolk Islander. They had six children and lived at Sandy Bay, Hobart.

  Maria passed away in June 1860.

  WILLIAM FOSTER JUNIOR

  William Foster junior returned to Hobart with his mother Maria in 1817. He applied for and received, in 1824, a land grant of 20 acres from the Governor at Green Ponds, Constitution Hill, Van Diemen’s Land. The Flexmores had properties in the area and William ran a farm.

  In July 1872 William Foster junior left a large family when he died, presumably from a heart attack, while sawing a log.

  ELIZABETH FOSTER

  Elizabeth Foster, born December 1825, married Edward Fitzgerald in October 1842. They lived at Glebe (formerly Black Wattle Swamp) in one of the houses she inherited from her father. They had seven children all of whom it appears died prior to 1860.

  Edward Fitzgerald joined the gold rush in Victoria and died on the goldfields at Sofala in 1860. Elizabeth passed away in August 1875 from an overdose of the highly addictive medicine chlorodyne.

  ANN FOSTER

  Ann Foster, born in April 1828, married her cousin Thomas Arthur Nerney (formerly O’Neil) – the child Eliza brought from Ireland on the Woodman – in November 1848. They had five children between 1849 and 1860. Like his stepfather, Nicholas, Thomas Arthur Nerney was a boot and shoemaker. However, he did try his hand on the Victorian goldfields, presumably with his brother-in-law Edward Fitzgerald.

  There is no record of Thomas Arthur Nerney’s death but it appears he passed away sometime between 1867 and 1874.

  By 1874 Ann was living with her widowed sister Elizabeth in a cottage in Balmain called ‘Little’s Cottages’.

  Ann developed dementia and was committed to Callan Park Asylum, passing away there in May 1889.

  JOHN FOSTER

  John Foster, born in December 1830, suffered from epilepsy, presumably grand mal, which affected him severely. He did not marry.

  He lived with his sister Elizabeth in ‘Little’s Cottages’, Balmain. He is recorded as passing away from a seizure in 1864.

  SARAH FOSTER

  Sarah was born in 1833 and married George Henry Booth in July 1854 at the Garrison Church, The Rocks. However, for most of their married life they lived in the parish of Parramatta. George Atherden witnessed the marriage, and from the available evidence she was very close to George and Harriet Atherden.

  She and George Booth had nine children. Three of the nine children carry the names of the Atherdens. Sarah retained all her inherited property and was a significant beneficiary of George Atherden’s will.

  The Booths moved to Balmain in 1879 where Sarah met an untimely death in April 1881. Her husband George had been at a funeral in Parramatta and on his return home found her body at the bottom of a staircase in her house. There was no indication of foul play. She had an infected toe and fell down the stairs, suffering a fatal injury.

  HARRIET FOSTER

  Harriet was born in June 1837. She was raised by the Atherdens following her father’s death. Harriet married Frederick Smith, the son of a free settler, in November 1856. Even though both lived in the city they married in Windsor, New South Wales.

  After initial financial difficulties Frederick Smith became a large land and property owner, building on Harriet’s inheritance from her father.

  Harriet had ten children. She primarily lived on the lower North Shore where Milsons Point is today. Frederick was heavily involved in the Masonic movement, sat on North Sydney Council and was Mayor of Victoria Council (subsequently merged with North Sydney Council). He was one of the founders of Royal North Shore Hospital.

  Harriet passed away in July 1890 from burns received from a fire caused by a kerosene lamp.

  GEORGE WILLIAM FOSTER

  George was the youngest of the Foster household, was born in January 1841 just prior to Anastasia’s death and was raised by the Atherdens. After marrying in 1861 he had a number of children and, like his older sister, Sarah, they bore the names of his adopted parents.

  When the Devonshire Street Cemetery closed George arranged for his family members to be moved from that cemetery to Rookwood.

  He passed away in 1914.

  The William Foster legacy of property largely survived intact among the first generation of children.

  NICHOLAS AND ELIZA NERNEY

  Nicholas and Eliza (O’Neil) Nerney continued to live in Sydney and spent the later years of t
heir lives at Glebe Road, Glebe. Nicholas continued to work as a bootmaker as late as 1866. Eliza passed away in 1863 and Nicholas in 1868.

  OTHER PEOPLE MENTIONED IN THE BOOK

  Thomas Stokes, Henry Hunt and Thomas Hughes

  These three men faced trial along with William Foster at Warwick Court House and, like Foster, were transported to Sydney on the Perseus.

  Thomas Stokes was sent to Parramatta and became a blacksmith. Henry Hunt was still in New South Wales in 1816; no trace of him can be found beyond that date.

  Thomas Hughes was sent to Newcastle and became a constable and by 1805 a ‘flogger’. In early January 1811, following a visit by Governor Macquarie, Hughes was appointed executioner for New South Wales. On 29 January sailors on the Governor Hunter would not permit Hughes to travel with them from Newcastle to Sydney to commence work ‘once they received knowledge of his intended profession’. He was based at the barracks at Parramatta and was paid £25 per year. He retained his job for at least the next ten years.

  End Notes

  CHAPTER 1: THOMAS O’NEIL

  The story of Mr Clinch is sourced from petitions to the Governor of His Majesty’s Kingdom of Ireland seeking clemency, prepared in 1799 by Thomas O’Neil, prior to his transportation. It is unclear from the historical record whether O’Neil was guilty of the crime associated with Mr Cinch or of being a member of the United Irishmen. The various Musters Records give different outcomes as to whether O’Neil was sent to New South Wales for seven years or life. His daughters in a memorial placed in the Sydney Gazette record O’Neil as having been a United Irishman.

  CHAPTER 2: VOYAGE OF THE FRIENDSHIP

  Barney Kearns had a number of petitions lodged with the authorities seeking to avoid transportation. One that provides further background to his story is set out below: