Custody of Children

[Ponytail]

Custody of Children

A case in the "Bill Books" of Thomas Badger, solicitor (stored at Rotherham Archives and Local Studies) stopped me in my tracks. Nothing really to do with me or my extended family but it highlighted the plight of a married woman before the Custody of Infants Act of 1839.

Concerning Richard Swallow jnr and his wife Mary who in 1833 appeared to be going through some "unpleasantness". His father, Richard who lived at Newhall had consulted with Thomas Badger regarding business, a deed and his will, asked his advice regarding his son and wife living at Tinsley. They had two children, the youngest of which appears to have been an infant. Matters had deteriated between them and Richard was vacating the house rented from Mrs Purshon in Tinsley; asked Thomas Badger to act in the matter. Constable Corker was to watch over the house, furniture and belongings until they could be removed to Newhall.  

It appears Mary had been taken in by Rev. Mr. Mowers at the Tinsley Vicarage and was determined to keep custody of the children especially the youngest. The law however was against her; to prevent further legal costs Thomas Badger tried to persuade her to give up her children voluntarily before it was forced on her. 

Richard asked Thomas to draw up a notice that he would not be responsible for any of his wife's debts from 5th March 1833 and placed it in the four local papers. In other words she was pennyless and dependant on the charity of others or her family. (this is pure speculation on my part) No doubt her family would see it as their disgrace and urge reconciliation. 

Long discussions with Mr Rodgers (her solicitor or representative) to try and persuade Mary to give up her infant son. She hadn't helped her cause by being "violent" towards her father in law trying to take a child back by force. 

Much toing and froing on Thomas's part, riding a hired horse between his home on High Street, Rotherham to Sheffield, Newhall and Tinsley before Mary requested for an arrangement be allowed to see her children for one hour a week at the Coach House of Newhall.                                               How times have changed. 

Richard Swallow senior died probably September 1833 and the will proved with a mention of Grimesthorpe School Charity. 

I remember (it was over 20 years ago) following up the case in the paper, unfortunately didn't invest in copies or wrote it up, intending to copy it at a later date. Pretty sure as well as the advert placed in four papers there was a write up about the saga. My preference was always the Sheffield Mercury at this date but there may also be something in the other papers. Seem to remember Richard jnr stating anybody who assisted his wife he would do them down in business. 

Intending at some time to hand the information onto a Swallow family researcher but never found anyone who was interested. I'd love for the case to be followed up and if anyone who has access to newspaper archives to reacquaint me with the case. His wife's name is only made known in the advert as Mary Swallow. A woman never seemed to be referred to in their own right but either daughter of.. , wife of.. and even then would be referred to as Mrs. Richard Swallow. 

The advert from the Sheffield Mercury 9th March 1833.

Below are the Accounts of the case starting with Richard Swallow Jnr. 

Account for Richard Swallow snr including business with River Dun (Don) Company, preparation of a deed, will, probate and the account  concerning Mrs Swallow. 

While preparing this post, a quick search of Sheffield History database.. It appears Richard Swallow moved to Mosborough (Swallow Colliery) and the children were probably Richard Swallow aged about 41 and John Fell Swallow aged about 39 on the 1871 Census at Moor Hall. 

In 1833 Richard would have been about three years old and John Fell probably not a year old. Wonder what happened to Mary? 

 

[Edmund]

As Richard remarried as a 51 year old widower in 1848 it's quite likely that Mary had died in 1835, and was buried at Ecclesall All Saints on 1st December 1835 aged 26.  In 1841 the two boys were at Housley Hall boarding school (half a mile west of Chapeltown). By 1851 they were both colliery agents with their father and his new wife Mary Anne (nee Warburton) at Mosbro' Hill.

Here's Richard and Mary Anne's marriage licence from 1848.

[Ponytail]

Thank you, Edmund.

Doesn't appear to be a happy ending for his first wife, Mary. Her death not long after the separation may be reported in the newspapers. I do hope she found happiness somewhere and her death wasn't as result of suicide or ended up as a pauper. If its the case she died 1835 then Richard would be truthful declaring a widower at 2nd marriage, divorce (if it did come to that) would have stopped him marrying in church.

Shame for the boys to be boarded away at school but at least they were reunited in business later. 

Still curious about any reporting of the case. 

The deed Thomas Badger was dealing with for Richard Swallow snr mentioned land grants and fields also mentioned 9 closes, frustratingly not named. Wondered if this was connected to Newhall or elsewhere... perhaps Mosborough. 

Noticed extensive research has been done by "Guest lanerellis" from overseas on the Ellis family at Mosborough Hill House and the confusions between two houses of similar name. It mentions the Swallow family, Richard of New Hall residing there in 1841 had begun in 1839 sinking the Silkstone Main Colliery (Mosborough) later John Fell Swallow a colliery owner and JP. (As a baby, who the "violent" struggle was about) 

Thinking back to the young boys, if their father was involved at Mosborough 1841 perhaps that's why they were recorded at boarding school at Chapeltown 1841.    Just a thought. 

[Ponytail]

Swallows Colliery

https://www.oldminer.co.uk/swallow-s.html

[Edmund]

In fact in 1841, one of the boys, Richard, was double counted, recorded as being both at the boarding school and at home at Mosbrough with his father. 

Mary Anne Warburton was daughter of William Froggatt owner of Housley Hall, and the widow of one of the schoolmasters at the boarding school, Samuel Warburton. Samuel died in July 1844 aged 44.  He'd had a heart complaint for the previous four years, but left home to travel to Harrogate.  He broke the journey at Leeds, staying in the Bull and Mouth Hotel on Briggate. The early staff of the hotel responded to his bell and complaint of being unwell, however he died before the doctor arrived.  The inquest concluded that he " died by the visitation of God".

[Ponytail]

Wow. I never thought I'd get so much information. Always makes me smile outcome of inquests "died by the Visitation of God" 

Over the years I've come across quite a few double counted, often it's where somebody usually should be ie at home address and visiting somebody perhaps just the night of census as it was intended. Perhaps sometimes they were at one address when the enumerator called/occupant filled in the form and were at the other property at a later hour when the enumerator called there. 

[Ponytail]

New Hall owned by Richard Swallow 

https://www.picturesheffield.com/frontend.php?keywords=Ref_No_increment;EQUALS;s22379&pos=166&action=zoom&id=24858

 

 

[Lyn 1]

When was New Hall demolished?

[Edmund]

3 hours ago, Lyn 1 said:

When was New Hall demolished?

It was demolished between November 1887 (Fixtures and fittings of the Newhall Hotel auctioned off) and the end of 1889 (OS survey).

In May 1853 it had been leased by J.Hunt & Co. Brewers (Ecclesall Road), and converted from a mansion to a luxury inn, complete with bowling green, 7 acre cricket pitch and pleasure boat rides on the Don.  Henry Warhurst was the first landlord, but got into a tangle with his spirits licence.  The justices in 1854 granted him the licence but added a condition that he did not open on Sundays. He agreed but a year later thought better of it and wrote to them saying he wanted it changed and would be opening on Sundays, which he did.  At the next renewal the justices refused a licence and  in 1856 he took the appeal to Doncaster Quarter Sessions, who couldn't make their minds up. He then escalated it to Pontefract Quarter Sessions (1857), who decided that it shouldn't have been referred to them.  The justices never had the power to impose such a condition in the first place, so the Hotel probably had its licence back by then.  Warhurst left for the White Hart on Waingate in 1860.

In 1879 the Sheffield Racing Company leased the site and Hotel, for their race meetings.  The company was liquidated when their lease expired in 1887.

[Awl and Sundry]

The Richard Sorby being discussed here is the son of Richard Jnr on this diagram. It only shows selected and interconnected family members. There were many more. I'm a descendant of the Sorby family and very interested and grateful for the information shared in this thread.  

[Ponytail]

New Hall and the Pleasure Gardens, being used as a Cricket Ground and athletic and other sports. Plans in the future to be used as a Racecourse.

 

From Whites Directory 1879

 

 

.

[southside]

Hi Awl and Sundry,  My 3xGrandfather William Turnell was living at New Hall stables in 1851, working as a coachman for John Sorby.

He placed this ad in the 1856 Sheffield & Rotherham Advertiser explaining the changes he had made to his business. He was a dealer in Crushed Oats, Hay and Straw, also says he worked for John Sanderson of New Hall?  

 

[Edmund]

John Sanderson had been buried at Ecclesall on 5th April 1852 and in May 1853 New Hall had been leased by J.Hunt & Co. Brewers (Ecclesall Road), and converted from a mansion to a luxury inn, hence there was no further need for a coachman.  The Turnell and Goulton business commenced trading on Christmas Eve 1853 but Goulton had pulled out by 28th January 1854.

Goulton had dissolved his partnership with George Turner as Flax Factors in Selby on 6th May 1852. By January 1857 Goulton had returned to Selby as a flax merchant, and in that month was prosecuted for travelling with his wife without a train ticket.

Thomas Eadon took over the Turnells' agricultural supply business at 33 Exchange street in late 1859.

[southside]

Thank you for the info Edmund, didn't know the bit about the business takeover.

William Turnell died in the Shrewsbury Hospital in 1874 aged 76.

[Ponytail]

New Hall & Swallow Bridge. 

https://maps.nls.uk/view/102345223#zoom=5&lat=9022&lon=1227&layers=BT

 

Original Newhall Road Bridge? 

Plan of Swallow Bridge, Attercliffe. 

https://www.picturesheffield.com/frontend.php?keywords=Ref_No_increment;EQUALS;arc04451&pos=1&action=zoom&id=152222

 

Sheffield Flood Claim for:

Frederick Hunt, William Burgoyne Fernell, and Joseph Warhurst brewers and copartners Albion Brewery, Ecclesall Road, Sheffield

Damage to various premises including New Hall. 

Used as pleasure grounds having a fish pond & cricket ground. 

https://sheffieldfloodclaimsarchive.shu.ac.uk/claimSummary.cfm?claim=6-5465