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William Housley’s Will and the Court Case

William Housley died in 1848, but his widow Ellen didn’t die until 1872.  The court case was in 1873.  Details about the court case are archived at the National Archives at Kew,  in London, but are not available online. They can be viewed in person, but that hasn’t been possible thus far.  However, there are a great many references to it in the letters.

William Housley’s first wife was Mary Carrington 1787-1813.  They had three children, Mary Anne, Elizabeth and William. When Mary died, William married Mary’s sister Ellen, not in their own parish church at Smalley but in Ashbourne.  Although not uncommon for a widower to marry a deceased wife’s sister, it wasn’t legal.  This point is mentioned in one of the letters.

One of the pages of William Housley’s will:

An excerpt from Barbara Housley’s Narrative on the Letters:

A comment in a letter from Joseph (August 6, 1873) indicated that William was married twice and that his wives were sisters: “What do you think that I believe that Mary Ann is trying to make our father’s will of no account as she says that my father’s marriage with our mother was not lawful he marrying two sisters. What do you think of her? I have heard my mother say something about paying a fine at the time of the marriage to make it legal.” Markwell and Saul in The A-Z Guide to Tracing Ancestors in Britain explain that marriage to a deceased wife’s sister was not permissible under Canon law as the relationship was within the prohibited degrees. However, such marriages did take place–usually well away from the couple’s home area. Up to 1835 such marriages were not void but were voidable by legal action. Few such actions were instituted but the risk was always there.

Joseph wrote that when Emma was married, Ellen “broke up the comfortable home and the things went to Derby and she went to live with them but Derby didn’t agree with her so she left again leaving her things behind and came to live with John in the new house where she died.” Ellen was listed with John’s household in the 1871 census. 
In May 1872, the Ilkeston Pioneer carried this notice: “Mr. Hopkins will sell by auction on Saturday next the eleventh of May 1872 the whole of the useful furniture, sewing machine, etc. nearly new on the premises of the late Mrs. Housley at Smalley near Heanor in the county of Derby. Sale at one o’clock in the afternoon.”

There were hard feelings between Mary Ann and Ellen and her children. Anne wrote: “If you remember we were not very friendly when you left. They never came and nothing was too bad for Mary Ann to say of Mother and me, but when Robert died Mother sent for her to the funeral but she did not think well to come so we took no more notice. She would not allow her children to come either.”
Mary Ann was still living in May 1872. Joseph implied that she and her brother, Will “intend making a bit of bother about the settlement of the bit of property” left by their mother. The 1871 census listed Mary Ann’s occupation as “income from houses.”

In July 1872, Joseph introduced Ruth’s husband: “No doubt he is a bad lot. He is one of the Heath’s of Stanley Common a miller and he lives at Smalley Mill” (Ruth Heath was Mary Anne Housley’s daughter)
In 1873 Joseph wrote, “He is nothing but a land shark both Heath and his wife and his wife is the worst of the two. You will think these is hard words but they are true dear brother.” The solicitor, Abraham John Flint, was not at all pleased with Heath’s obstruction of the settlement of the estate. He wrote on June 30, 1873: “Heath agreed at first and then because I would not pay his expenses he refused and has since instructed another solicitor for his wife and Mrs. Weston who have been opposing us to the utmost. I am concerned for all parties interested except these two….The judge severely censured Heath for his conduct and wanted to make an order for sale there and then but Heath’s council would not consent….” In June 1875, the solicitor wrote: “Heath bid for the property but it fetched more money than he could give for it. He has been rather quieter lately.”

In May 1872, Joseph wrote: “For what do you think, John has sold his share and he has acted very bad since his wife died and at the same time he sold all his furniture. You may guess I have never seen him but once since poor mother’s funeral and he is gone now no one knows where.”

In 1876, the solicitor wrote to George: “Have you heard of John Housley? He is entitled to Robert’s share and I want him to claim it.”

Anne intended that one third of the inheritance coming to her from her father and her grandfather, William Carrington, be divided between her four nieces: Sam’s three daughters and John’s daughter Elizabeth.
In the same letter (December 15, 1872), Joseph wrote:
“I think we have now found all out now that is concerned in the matter for there was only Sam that we did not know his whereabouts but I was informed a week ago that he is dead–died about three years ago in Birmingham Union. Poor Sam. He ought to have come to a better end than that”

However, Samuel was still alive was on the 1871 census in Henley in Arden, and no record of his death can be found. Samuel’s brother in law said he was dead: we do not know why he lied, or perhaps the brothers were lying to keep his share, or another possibility is that Samuel himself told his brother in law to tell them that he was dead. I am inclined to think it was the latter.

Excerpts from Barbara Housley’s Narrative on the Letters continued:

Charles went to Australia in 1851, and was last heard from in January 1853. According to the solicitor, who wrote to George on June 3, 1874, Charles had received advances on the settlement of their parent’s estate. “Your promissory note with the two signed by your brother Charles for 20 pounds he received from his father and 20 pounds he received from his mother are now in the possession of the court.”

In December 1872, Joseph wrote: “I’m told that Charles two daughters has wrote to Smalley post office making inquiries about his share….” In January 1876, the solicitor wrote: “Charles Housley’s children have claimed their father’s share.”

In the Adelaide Observer 28 Aug 1875

HOUSLEY – wanted information
as to the Death, Will, or Intestacy, and
Children of Charles Housley, formerly of
Smalley, Derbyshire, England, who died at
Geelong or Creewick Creek Diggings, Victoria
August, 1855. His children will hear of something to their advantage by communicating with
Mr. A J. Flint, solicitor, Derby, England.
June 16,1875.

The Diggers & Diggings of Victoria in 1855. Drawn on Stone by S.T. Gill:

The court case:

 Kerry v Housley.
Documents: Bill, demurrer.
Plaintiffs: Samuel Kerry and Joseph Housley.
Defendants: William Housley, Joseph Housley (deleted), Edwin Welch Harvey, Eleanor Harvey (deleted), Ernest Harvey infant, William Stafford, Elizabeth Stafford his wife, Mary Ann Housley, George Purdy and Catherine Purdy his wife, Elizabeth Housley, Mary Ann Weston widow and William Heath and Ruth Heath his wife (deleted).
Provincial solicitor employed in Derbyshire.
Date: 1873

From the Narrative on the Letters:

The solicitor wrote on May 23, 1874: “Lately I have not written because I was not certain of your address and because I doubted I had much interesting news to tell you.” Later, Joseph wrote concerning the problems settling the estate, “You see dear brother there is only me here on our side and I cannot do much. I wish you were here to help me a bit and if you think of going for another summer trip this turn you might as well run over here.”

In March 1873, Joseph wrote: “You ask me what I think of you coming to England. I think as you have given the trustee power to sign for you I think you could do no good but I should like to see you once again for all that. I can’t say whether there would be anything amiss if you did come as you say it would be throwing good money after bad.”

In September 1872 Joseph wrote; “My wife is anxious to come. I hope it will suit her health for she is not over strong.” Elsewhere Joseph wrote that Harriet was “middling sometimes. She is subject to sick headaches. It knocks her up completely when they come on.” In December 1872 Joseph wrote, “Now dear brother about us coming to America you know we shall have to wait until this affair is settled and if it is not settled and thrown into Chancery I’m afraid we shall have to stay in England for I shall never be able to save money enough to bring me out and my family but I hope of better things.”
On July 19, 1875 Abraham Flint (the solicitor) wrote: “Joseph Housley has removed from Smalley and is working on some new foundry buildings at Little Chester near Derby. He lives at a village called Little Eaton near Derby. If you address your letter to him as Joseph Housley, carpenter, Little Eaton near Derby that will no doubt find him.”

In his last letter (February 11, 1874), Joseph sounded very discouraged and wrote that Harriet’s parents were very poorly and both had been “in bed for a long time.” In addition, Harriet and the children had been ill.
The move to Little Eaton may indicate that Joseph received his settlement because in August, 1873, he wrote: “I think this is bad news enough and bad luck too, but I have had little else since I came to live at Kiddsley cottages but perhaps it is all for the best if one could only think so. I have begun to think there will be no chance for us coming over to you for I am afraid there will not be so much left as will bring us out without it is settled very shortly but I don’t intend leaving this house until it is settled either one way or the other. ”

Joseph’s letters were much concerned with the settling of their mother’s estate. In 1854, Anne wrote, “As for my mother coming (to America) I think not at all likely. She is tied here with her property.” A solicitor, Abraham John Flint of 42 Full Street Derby, was engaged by John following the death of their mother. On June 30, 1873 the solicitor wrote: “Dear sir, On the death of your mother I was consulted by your brother John. I acted for him with reference to the sale and division of your father’s property at Smalley. Mr. Kerry was very unwilling to act as trustee being over 73 years of age but owing to the will being a badly drawn one we could not appoint another trustee in his place nor could the property be sold without a decree of chancery. Therefore Mr. Kerry consented and after a great deal of trouble with Heath who has opposed us all throughout whenever matters did not suit him, we found the title deeds and offered the property for sale by public auction on the 15th of July last. Heath could not find his purchase money without mortaging his property the solicitor which the mortgagee employed refused to accept Mr. Kerry’s title and owing to another defect in the will we could not compel them.”

In July 1872, Joseph wrote, “I do not know whether you can remember who the trustee was to my father’s will. It was Thomas Watson and Samuel Kerry of Smalley Green. Mr. Watson is dead (died a fortnight before mother) so Mr. Kerry has had to manage the affair.”

On Dec. 15, 1972, Joseph wrote, “Now about this property affair. It seems as far off of being settled as ever it was….” and in the following March wrote: “I think we are as far off as ever and farther I think.”

Concerning the property which was auctioned on July 15, 1872 and brought 700 pounds, Joseph wrote: “It was sold in five lots for building land and this man Heath bought up four lots–that is the big house, the croft and the cottages. The croft was made into two lots besides the piece belonging to the big house and the cottages and gardens was another lot and the little intake was another. William Richardson bought that.” Elsewhere Richardson’s purchase was described as “the little croft against Smith’s lane.” Smith’s Lane was probably named for their neighbor Daniel Smith, Mrs. Davy’s father.
But in December 1872, Joseph wrote that they had not received any money because “Mr. Heath is raising all kinds of objections to the will–something being worded wrong in the will.” In March 1873, Joseph “clarified” matters in this way: “His objection was that one trustee could not convey the property that his signature was not guarantee sufficient as it states in the will that both trustees has to sign the conveyance hence this bother.”
Joseph indicated that six shares were to come out of the 700 pounds besides Will’s 20 pounds. Children were to come in for the parents shares if dead. The solicitor wrote in 1873, “This of course refers to the Kidsley property in which you take a one seventh share and which if the property sells well may realize you about 60-80 pounds.” In March 1873 Joseph wrote: “You have an equal share with the rest in both lots of property, but I am afraid there will be but very little for any of us.”

The other “lot of property” was “property in Smalley left under another will.” On July 17, 1872, Joseph wrote: “It was left by my grandfather Carrington and Uncle Richard is trustee. He seems very backward in bringing the property to a sale but I saw him and told him that I for one expect him to proceed with it.” George seemed to have difficulty understanding that there were two pieces of property so Joseph explained further: “It was left by my grandfather Carrington not by our father and Uncle Richard is the trustee for it but the will does not give him power to sell without the signatures of the parties concerned.” In June 1873 the solicitor Abraham John Flint asked: “Nothing has been done about the other property at Smalley at present. It wants attention and the other parties have asked me to attend to it. Do you authorize me to see to it for you as well?”
After Ellen’s death, the rent was divided between Joseph, Will, Mary Ann and Mr. Heath who bought John’s share and was married to Mary Ann’s daughter, Ruth. Joseph said that Mr. Heath paid 40 pounds for John’s share and that John had drawn 110 pounds in advance. The solicitor said Heath said he paid 60. The solicitor said that Heath was trying to buy the shares of those at home to get control of the property and would have defied the absent ones to get anything.
In September 1872 Joseph wrote that the lawyer said the trustee cannot sell the property at the bottom of Smalley without the signatures of all parties concerned in it and it will have to go through chancery court which will be a great expense. He advised Joseph to sell his share and Joseph advised George to do the same.

George sent a “portrait” so that it could be established that it was really him–still living and due a share. Joseph wrote (July 1872): “the trustee was quite willing to (acknowledge you) for the portrait I think is a very good one.” Several letters later in response to an inquiry from George, Joseph wrote: “The trustee recognized you in a minute…I have not shown it to Mary Ann for we are not on good terms….Parties that I have shown it to own you again but they say it is a deal like John. It is something like him, but I think is more like myself.”
In September 1872 Joseph wrote that the lawyer required all of their ages and they would have to pay “succession duty”. Joseph requested that George send a list of birth dates.

On May 23, 1874, the solicitor wrote: “I have been offered 240 pounds for the three cottages and the little house. They sold for 200 pounds at the last sale and then I was offered 700 pounds for the whole lot except Richardson’s Heanor piece for which he is still willing to give 58 pounds. Thus you see that the value of the estate has very materially increased since the last sale so that this delay has been beneficial to your interests than other-wise. Coal has become much dearer and they suppose there is coal under this estate. There are many enquiries about it and I believe it will realize 800 pounds or more which increase will more than cover all expenses.” Eventually the solicitor wrote that the property had been sold for 916 pounds and George would take a one-ninth share.

January 14, 1876:  “I am very sorry to hear of your lameness and illness but I trust that you are now better. This matter as I informed you had to stand over until December since when all the costs and expenses have been taxed and passed by the court and I am expecting to receive the order for these this next week, then we have to pay the legacy duty and them divide the residue which I doubt won’t come to very much amongst so many of you. But you will hear from me towards the end of the month or early next month when I shall have to send you the papers to sign for your share. I can’t tell you how much it will be at present as I shall have to deduct your share with the others of the first sale made of the property before it went to court.
Wishing you a Happy New Year, I am Dear Sir, Yours truly
Abram J. Flint”

September 15, 1876 (the last letter)
“I duly received your power of attorney which appears to have been properly executed on Thursday last and I sent it on to my London agent, Mr. Henry Lyvell, who happens just now to be away for his annual vacation and will not return for 14 or 20 days and as his signature is required by the Paymaster General before he will pay out your share, it must consequently stand over and await his return home. It shall however receive immediate attention as soon as he returns and I hope to be able to send your checque for the balance very shortly.”

1874 in chancery:

The Housley Letters

We discovered that one of Samuel’s brothers, George Housley 1826-1877,  emigrated to America in 1851, to Solebury, in Pennsylvania. Another brother, Charles 1823-1856, emigrated to Australia at the same time.

I wrote to the Solebury Historical Society to ask them if they had any information on the Housleys there. About a month later I had a very helpful and detailed reply from them.

There were Housley people in Solebury Township and nearby communities from 1854 to at least 1973, perhaps 1985. George Housley immigrated in 1851, arriving in New York from London in July 1851 on the ship “Senator”. George was in Solebury by 1854, when he is listed on the tax roles for the Township He didn’t own land at that time. Housley family members mostly lived in the Lumberville area, a village in Solebury, or in nearby Buckingham or Wrightstown. The second wife of Howard (aka Harry) Housley was Elsa (aka Elsie) R. Heed, the daughter of the Lumberville Postmaster. Elsie was the proprietor of the Lumberville General Store from 1939 to 1973, and may have continued to live in Lumberville until her death in 1985. The Lumberville General Store was, and still is, a focal point of the community. The store was also the official Post Office at one time, hence the connection between Elsie’s father as Postmaster, and Elsie herself as the proprietor of the store. The Post Office function at Lumberville has been reduced now to a bank of cluster mailboxes, and official U.S. Postal functions are now in Point Pleasant, PA a few miles north of Lumberville.
We’ve attached a pdf of the Housley people buried in Carversville Cemetery, which is in the town next to Lumberville, and is still in Solebury Township. We hope this list will confirm that these are your relatives.

It doesn’t seem that any Housley people still live in the area. Some of George’s descendents moved to Wilkes-Barre, PA and Flemington, NJ. One descendent, Barbara Housley, lived in nearby Doylestown, PA, which is the county seat for Bucks County. She actually visited Solebury Township Historical Society looking for Housley relatives, and it would have been nice to connect you with her. Unfortunately she died in 2018. Her obituary is attached in case you want to follow up with the nieces and great nieces who are listed.

Lumberville General Store, Pennsylvania, Elsie Housley:

I noticed the name of Barbara’s brother Howard Housley in her obituary, and found him on facebook.  I knew it was the right Howard Housley as I recognized Barbara’s photograph in his friends list as the same photo in the obituary.  Howard didn’t reply initially to a friend request from a stranger, so I found his daughter Laura on facebook and sent her a message.  She replied, spoke to her father, and we exchanged email addresses and were able to start a correspondence.  I simply could not believe my luck when Howard sent me a 17 page file of Barbara’s Narrative on the Letters with numerous letter excerpts interspersed with her own research compiled on a six month trip to England.

The letters were written to George between 1851 and the 1870s, from the Housley family in Smalley.

Narrative of Historic Letters ~ Barbara Housley.
AND BELIEVE ME EVER MY DEAR BROTHER, YOUR AFFECTIONATE FAMILY
In February 1991, I took a picture of my 16 month old niece Laura Ann Housley standing near the tombstones of her great-great-great-grandparents, George and Sarah Ann Hill Housley. The occassion was the funeral of another Sarah Housley, Sarah Lord Housley, wife of Albert Kilmer Housley, youngest son of John Eley Housley (George and Sarah Ann’s first born). Laura Ann’s great-grandfather (my grandfather) was another George, John Eley’s first born. It was Aunt Sarah who brought my mother, Lois, a packet of papers which she had found in the attic. Mom spent hours transcribing the letters which had been written first horizontally and then vertically to save paper. What began to emerge was a priceless glimpse into the lives and concerns of Housleys who lived and died over a century ago. All of the letters ended with the phrase “And believe me ever my dear brother, your affectionate….”
The greeting and opening remarks of each of the letters are included in a list below. The sentence structure and speech patterns have not been altered however spelling and some punctuation has been corrected. Some typical idiosyncrasies were: as for has, were for where and vice versa, no capitals at the beginnings of sentences, occasional commas and dashes but almost no periods. Emma appears to be the best educated of the three Housley letter-writers. Sister-in-law Harriet does not appear to be as well educated as any of the others. Since their mother did not write but apparently was in good health, it must be assumed that she could not.
The people discussed and described in the following pages are for the most part known to be the family and friends of the Housleys of Smalley, Derbyshire, England. However, practically every page brings conjectures about the significance of persons who are mentioned in the letters and information about persons whose names seem to be significant but who have not yet been established as actual members of the family.

To say this was a priceless addition to the family research is an understatement. I have since, with Howard’s permission, sent the file to the Derby Records Office for their family history section.  We are hoping that Howard will find the actual letters in among the boxes he has of his sisters belongings.  Some of the letters mention photographs that were sent. Perhaps some will be found.

Gretton Tailoresses of Swadlincote and the Single Journalist Boot Maker Next Door

The Purdy’s, Housley’s and Marshall’s are my mothers fathers side of the family.  The Warrens, Grettons and Staleys are from my mothers mothers side.

I decided to add all the siblings to the Gretton side of the family, in search of some foundation to a couple of family anecdotes.  My grandmother, Nora Marshall, whose mother was Florence Nightingale Gretton, used to mention that our Gretton side of the family were related to the Burton Upon Trent Grettons of Bass, Ratcliff and Gretton, the brewery.  She also said they were related to Lord Gretton of Stableford Park in Leicestershire.  When she was a child, she said parcels of nice clothes were sent to them by relatives.

It should be noted however that Baron Gretton is a title in the Peerage of the United Kingdom, and was created in 1944 for the brewer and Conservative politician John Gretton. He was head of the brewery firm of Bass, Ratcliff & Gretton Ltd of Burton upon Trent. So they were not members of the Peerage at the time of this story.

What I found was unexpected.

My great great grandfather Richard Gretton 1833-1898, a baker in Swadlincote, didn’t have any brothers, but he did have a couple of sisters.

One of them, Frances, born 1831, never married, but had four children. She stayed in the family home, and named her children Gretton. In 1841 and 1851 she’s living with parents and siblings. In 1861 she is still living with parents and now on the census she has four children all named Gretton listed as grandchildren of her father.
In 1871, her mother having died in 1866, she’s still living with her father William Gretton, Frances is now 40, and her son William 19 and daughter Jane 15 live there.
By the time she is 50 in 1881 and her parents have died she’s head of the house with 5 children all called Gretton, including her daughter Jane Gretton aged 24.

Twenty five year old Robert Staley is listed on the census transcription as living in the same household, but when viewing the census image it becomes clear that he lived next door, on his own and was a bootmaker, and on the other side, his parents Benjamin and Sarah Staley lived at the Prince of Wales pub with two other siblings.

Who was fathering all these Gretton children?

It seems that Jane did the same thing as her mother: she stayed at home and had three children, all with the name Gretton.  Jane Gretton named her son, born in 1878, Michael William Staley Gretton, which would suggest that Staley was the name of the father of the child/children of Jane Gretton.

The father of Frances Gretton’s four children is not known, and there is no father on the birth registers, although they were all baptized.

I found a photo of Jane Gretton on a family tree on an ancestry site, so I contacted the tree owner hoping that she had some more information, but she said no, none of the older family members would explain when asked about it.  Jane later married Tom Penn, and Jane Gretton’s children are listed on census as Tom Penn’s stepchildren.

It seems that Robert Staley (who may or may not be the father of Jane’s children) never married. In 1891 Robert is 35, single, living with widowed mother Sarah in Swadlincote. Sarah is living on own means and Robert has no occupation. On the 1901 census Robert is an unmarried 45 year old journalist and author, living with his widowed mother Sarah Staley aged 79, in Swadlincote.

There are at least three Staley  Warren marriages in the family, and at least one Gretton Staley marriage.

There is a possibility that the father of Frances’s children could be a Gretton, but impossible to know for sure. William Gretton was a tailor, and several of his children and grandchildren were tailoresses.  The Gretton family who later bought Stableford Park lived not too far away, and appear to be well off with a dozen members of live in staff on the census.   Did our Gretton’s the tailors make their clothes? Is that where the parcels of nice clothes came from?

Perhaps we’ll find a family connection to the brewery Grettons, or find the family connection was an unofficial one, or that the connection is further back.

I suppose luckily, this isn’t my direct line but an exploration of an offshoot, so the question of paternity is merely a matter of curiosity.  It is a curious thing, those Gretton tailors of Church Gresley near Burton upon Trent, and there are questions remaining.

The Scottish Connection

My grandfather always used to say we had some Scottish blood because his “mother was a Purdy”, and that they were from the low counties of Scotland near to the English border.

My mother had a Scottish hat in among the boxes of souvenirs and old photographs. In one of her recent house moves, she finally threw it away, not knowing why we had it or where it came from, and of course has since regretted it!  It probably came from one of her aunts, either Phyllis or Dorothy. Neither of them had children, and they both died in 1983. My grandfather was executor of the estate in both cases, and it’s assumed that the portraits, the many photographs, the booklet on Primitive Methodists, and the Scottish hat, all relating to his mother’s side of the family, came into his possession then. His sister Phyllis never married and was living in her parents home until she died, and is the likeliest candidate for the keeper of the family souvenirs.

Catherine Housley married George Purdy, and his father was Francis Purdy, the Primitive Methodist preacher.  William Purdy was the father of Francis.

Record searches find William Purdy was born on 16 July 1767 in Carluke, Lanarkshire, near Glasgow in Scotland. He worked for James Watt, the inventor of the steam engine, and moved to Derbyshire for the purpose of installing steam driven pumps to remove the water from the collieries in the area.

Another descendant of Francis Purdy found the following in a book in a library in Eastwood:

William married a local girl, Ruth Clarke, in Duffield in Derbyshire in 1786.  William and Ruth had nine children, and the seventh was Francis who was born at West Hallam in 1795.

Perhaps the Scottish hat came from William Purdy, but there is another story of Scottish connections in Smalley:  Bonnie Prince Charlie and the Jacobite Rebellion of 1745.  Although the Purdy’s were not from Smalley, Catherine Housley was.

From an article on the Heanor and District Local History Society website:

The Jacobites in Smalley

Few people would readily associate the village of Smalley, situated about two miles west of Heanor, with Bonnie Prince Charlie and the Jacobite Rebellion of 1745 – but there is a clear link.

During the winter of 1745, Charles Edward Stuart, the “Bonnie Prince” or “The Young Pretender”, marched south from Scotland. His troops reached Derby on 4 December, and looted the town, staying for two days before they commenced a fateful retreat as the Duke of Cumberland’s army approached.

While staying in Derby, or during the retreat, some of the Jacobites are said to have visited some of the nearby villages, including Smalley.

A history of the local aspects of this escapade was written in 1933 by L. Eardley-Simpson, entitled “Derby and the ‘45,” from which the following is an extract:

“The presence of a party at Smalley is attested by several local traditions and relics. Not long ago there were people living who remember to have seen at least a dozen old pikes in a room adjoining the stables at Smalley Hall, and these were stated to have been left by a party of Highlanders who came to exchange their ponies for horses belonging to the then owner, Mrs Richardson; in 1907, one of these pikes still remained. Another resident of Smalley had a claymore which was alleged to have been found on Drumhill, Breadsall Moor, while the writer of the History of Smalley himself (Reverend C. Kerry) had a magnificent Andrew Ferrara, with a guard of finely wrought iron, engraved with two heads in Tudor helmets, of the same style, he states, as the one left at Wingfield Manor, though why the outlying bands of Army should have gone so far afield, he omits to mention. Smalley is also mentioned in another strange story as to the origin of the family of Woolley of Collingham who attained more wealth and a better position in the world than some of their relatives. The story is to the effect that when the Scots who had visited Mrs Richardson’s stables were returning to Derby, they fell in with one Woolley of Smalley, a coal carrier, and impressed him with horse and cart for the conveyance of certain heavy baggage. On the retreat, the party with Woolley was surprised by some of the Elector’s troopers (the Royal army) who pursued the Scots, leaving Woolley to shift for himself. This he did, and, his suspicion that the baggage he was carrying was part of the Prince’s treasure turning out to be correct, he retired to Collingham, and spent the rest of his life there in the enjoyment of his luckily acquired gains. Another story of a similar sort was designed to explain the rise of the well-known Derbyshire family of Cox of Brailsford, but the dates by no means agree with the family pedigree, and in any event the suggestion – for it is little more – is entirely at variance with the views as to the rights of the Royal House of Stuart which were expressed by certain members of the Cox family who were alive not many years ago.”

A letter from Charles Kerry, dated 30 July 1903, narrates another strange twist to the tale. When the Highlanders turned up in Smalley, a large crowd, mainly women, gathered. “On a command in Gaelic, the regiment stooped, and throwing their kilts over their backs revealed to the astonished ladies and all what modesty is careful to conceal. Father, who told me, said they were not any more troubled with crowds of women.”

Folklore or fact? We are unlikely to know, but the Scottish artefacts in the Smalley area certainly suggest that some of the story is based on fact.

We are unlikely to know where that Scottish hat came from, but we did find the Scottish connection.  William Purdy’s mother was Grizel Gibson, and her mother was Grizel Murray, both of Lanarkshire in Scotland.  The name Grizel is a Scottish form of the name Griselda, and means “grey battle maiden”.  But with the exception of the name Murray, The Purdy and Gibson names are not traditionally Scottish, so there is not much of a Scottish connection after all.  But the mystery of the Scottish hat remains unsolved.

George Gilman Rushby: The Cousin Who Went To Africa

The portrait of the woman has “mother of Catherine Housley, Smalley” written on the back, and one of the family photographs has “Francis Purdy” written on the back. My first internet search was “Catherine Housley Smalley Francis Purdy”. Easily found was the family tree of George (Mike) Rushby, on one of the genealogy websites. It seemed that it must be our family, but the African lion hunter seemed unlikely until my mother recalled her father had said that he had a cousin who went to Africa. I also noticed that the lion hunter’s middle name was Gilman ~ the name that Catherine Housley’s daughter ~ my great grandmother, Mary Ann Gilman Purdy ~ adopted, from her aunt and uncle who brought her up.

I tried to contact George (Mike) Rushby via the ancestry website, but got no reply. I searched for his name on Facebook and found a photo of a wildfire in a place called Wardell, in Australia, and he was credited with taking the photograph. A comment on the photo, which was a few years old, got no response, so I found a Wardell Community group on Facebook, and joined it. A very small place, population some 700 or so, and I had an immediate response on the group to my question. They knew Mike, exchanged messages, and we were able to start emailing. I was in the chair at the dentist having an exceptionally long canine root canal at the time that I got the message with his email address, and at that moment the song Down in Africa started playing.

Mike said it was clever of me to track him down which amused me, coming from the son of an elephant and lion hunter.  He didn’t know why his father’s middle name was Gilman, and was not aware that Catherine Housley’s sister married a Gilman.

Mike Rushby kindly gave me permission to include his family history research in my book.  This is the story of my grandfather George Marshall’s cousin.  A detailed account of George Gilman Rushby’s years in Africa can be found in another chapter called From Tanganyika With Love; the letters Eleanor wrote to her family.

George Gilman Rushby:

The story of George Gilman Rushby 1900-1969, as told by his son Mike:

George Gilman Rushby:
Elephant hunter,poacher, prospector, farmer, forestry officer, game ranger, husband to Eleanor, and father of 6 children who now live around the world.

George Gilman Rushby was born in Nottingham on 28 Feb 1900 the son of Catherine Purdy and John Henry Payling Rushby. But John Henry died when his son was only one and a half years old, and George shunned his drunken bullying stepfather Frank Freer and was brought up by Gypsies who taught him how to fight and took him on regular poaching trips. His love of adventure and his ability to hunt were nurtured at an early stage of his life.
The family moved to Eastwood, where his mother Catherine owned and managed The Three Tuns Inn, but when his stepfather died in mysterious circumstances, his mother married a wealthy bookmaker named Gregory Simpson. He could afford to send George to Worksop College and to Rugby School. This was excellent schooling for George, but the boarding school environment, and the lack of a stable home life, contributed to his desire to go out in the world and do his own thing. When he finished school his first job was as a trainee electrician with Oaks & Co at Pye Bridge. He also worked part time as a motor cycle mechanic and as a professional boxer to raise the money for a voyage to South Africa.

In May 1920 George arrived in Durban destitute and, like many others, living on the beach and dependant upon the Salvation Army for a daily meal. However he soon got work as an electrical mechanic, and after a couple of months had earned enough money to make the next move North. He went to Lourenco Marques where he was appointed shift engineer for the town’s power station. However he was still restless and left the comfort of Lourenco Marques for Beira in August 1921.

Beira was the start point of the new railway being built from the coast to Nyasaland. George became a professional hunter providing essential meat for the gangs of construction workers building the railway. He was a self employed contractor with his own support crew of African men and began to build up a satisfactory business. However, following an incident where he had to shoot and kill a man who attacked him with a spear in middle of the night whilst he was sleeping, George left the lower Zambezi and took a paddle steamer to Nyasaland (Malawi). On his arrival in Karongo he was encouraged to shoot elephant which had reached plague proportions in the area – wrecking African homes and crops, and threatening the lives of those who opposed them.

His next move was to travel by canoe the five hundred kilometre length of Lake Nyasa to Tanganyika, where he hunted for a while in the Lake Rukwa area, before walking through Northern Rhodesia (Zambia) to the Congo. Hunting his way he overachieved his quota of ivory resulting in his being charged with trespass, the confiscation of his rifles, and a fine of one thousand francs. He hunted his way through the Congo to Leopoldville then on to the Portuguese enclave, near the mouth of the mighty river, where he worked as a barman in a rough and tough bar until he received a message that his old friend Lumb had found gold at Lupa near Chunya. George set sail on the next boat for Antwerp in Belgium, then crossed to England and spent a few weeks with his family in Jacksdale before returning by sea to Dar es Salaam. Arriving at the gold fields he pegged his claim and almost immediately went down with blackwater fever – an illness that used to kill three out of four within a week.

When he recovered from his fever, George exchanged his gold lease for a double barrelled .577 elephant rifle and took out a special elephant control licence with the Tanganyika Government. He then headed for the Congo again and poached elephant in Northern Rhodesia from a base in the Congo. He was known by the Africans as “iNyathi”, or the Buffalo, because he was the most dangerous in the long grass. After a profitable hunting expedition in his favourite hunting ground of the Kilombera River he returned to the Congo via Dar es Salaam and Mombassa. He was after the Kabalo district elephant, but hunting was restricted, so he set up his base in The Central African Republic at a place called Obo on the Congo tributary named the M’bomu River. From there he could make poaching raids into the Congo and the Upper Nile regions of the Sudan. He hunted there for two and a half years. He seldom came across other Europeans; hunters kept their own districts and guarded their own territories. But they respected one another and he made good and lasting friendships with members of that small select band of adventurers.

Leaving for Europe via the Congo, George enjoyed a short holiday in Jacksdale with his mother. On his return trip to East Africa he met his future bride in Cape Town. She was 24 year old Eleanor Dunbar Leslie; a high school teacher and daughter of a magistrate who spent her spare time mountaineering, racing ocean yachts, and riding horses. After a whirlwind romance, they were betrothed within 36 hours.

On 25 July 1930 George landed back in Dar es Salaam. He went directly to the Mbeya district to find a home. For one hundred pounds he purchased the Waizneker’s farm on the banks of the Mntshewe Stream. Eleanor, who had been delayed due to her contract as a teacher, followed in November. Her ship docked in Dar es Salaam on 7 Nov 1930, and they were married that day. At Mchewe Estate, their newly acquired farm, they lived in a tent whilst George with some help built their first home – a lovely mud-brick cottage with a thatched roof. George and Eleanor set about developing a coffee plantation out of a bush block. It was a very happy time for them. There was no electricity, no radio, and no telephone. Newspapers came from London every two months. There were a couple of neighbours within twenty miles, but visitors were seldom seen. The farm was a haven for wild life including snakes, monkeys and leopards. Eleanor had to go South all the way to Capetown for the birth of her first child Ann, but with the onset of civilisation, their first son George was born at a new German Mission hospital that had opened in Mbeya.

Occasionally George had to leave the farm in Eleanor’s care whilst he went off hunting to make his living. Having run the coffee plantation for five years with considerable establishment costs and as yet no return, George reluctantly started taking paying clients on hunting safaris as a “white hunter”. This was an occupation George didn’t enjoy. but it brought him an income in the days when social security didn’t exist. Taking wealthy clients on hunting trips to kill animals for trophies and for pleasure didn’t amuse George who hunted for a business and for a way of life. When one of George’s trackers was killed by a leopard that had been wounded by a careless client, George was particularly upset.
The coffee plantation was approaching the time of its first harvest when it was suddenly attacked by plagues of borer beetles and ring barking snails. At the same time severe hail storms shredded the crop. The pressure of the need for an income forced George back to the Lupa gold fields. He was unlucky in his gold discoveries, but luck came in a different form when he was offered a job with the Forestry Department. The offer had been made in recognition of his initiation and management of Tanganyika’s rainbow trout project. George spent most of his short time with the Forestry Department encouraging the indigenous people to conserve their native forests.

In November 1938 he transferred to the Game Department as Ranger for the Eastern Province of Tanganyika, and over several years was based at Nzasa near Dar es Salaam, at the old German town of Morogoro, and at lovely Lyamungu on the slopes of Kilimanjaro. Then the call came for him to be transferred to Mbeya in the Southern Province for there was a serious problem in the Njombe district, and George was selected by the Department as the only man who could possibly fix the problem.

Over a period of several years, people were being attacked and killed by marauding man-eating lions. In the Wagingombe area alone 230 people were listed as having been killed. In the Njombe district, which covered an area about 200 km by 300 km some 1500 people had been killed. Not only was the rural population being decimated, but the morale of the survivors was so low, that many of them believed that the lions were not real. Many thought that evil witch doctors were controlling the lions, or that lion-men were changing form to kill their enemies. Indeed some wichdoctors took advantage of the disarray to settle scores and to kill for reward.

By hunting down and killing the man-eaters, and by showing the flesh and blood to the doubting tribes people, George was able to instil some confidence into the villagers. However the Africans attributed the return of peace and safety, not to the efforts of George Rushby, but to the reinstallation of their deposed chief Matamula Mangera who had previously been stood down for corruption. It was Matamula , in their eyes, who had called off the lions.

Soon after this adventure, George was appointed Deputy Game Warden for Tanganyika, and was based in Arusha. He retired in 1956 to the Njombe district where he developed a coffee plantation, and was one of the first in Tanganyika to plant tea as a major crop. However he sensed a swing in the political fortunes of his beloved Tanganyika, and so sold the plantation and settled in a cottage high on a hill overlooking the Navel Base at Simonstown in the Cape. It was whilst he was there that TV Bulpin wrote his biography “The Hunter is Death” and George wrote his book “No More The Tusker”. He died in the Cape, and his youngest son Henry scattered his ashes at the Southern most tip of Africa where the currents of the Atlantic and Indian Oceans meet .

George Gilman Rushby:

By now, the trench had been dug deeply around the mysterious artefact. It was surprisingly not rusty at all, and the box was large and oddly pear-shaped. There was no obvious lid nor hinge. Nothing that seemed ancient per say, and yet, given the depth of the dig, it was probably coming from a past long gone.

Clara had posted some pics to Alienor, her friend and amateur archeologist, and she’d been immediately intrigued (an slightly jealous at the find). There were still strict restriction in place, so she couldn’t come immediately, but you could hear from the tone of her voice messages, she was dying to become an outlaw to see the wonder in situ.

“Come on Clare, it’s going to be dark soon, we should go home or you’ll catch a cold.”

“Alright Granpa, but help me first get that out in the garage, we can’t let it outside unprotected.”

VanGogh barked approvedly.

“I think you’ve forgotten something, Star.”  Tara didn’t want to put a dampener on Star’s high spirits, but felt obliged to point out that New Zealand was still out of bounds with the quarantine restrictions.

“Not only that,” Tara continued, “Where exactly in New Zealand?”

This was unanswerable at this stage and was quickly forgotten.

“We can send Rosamund on a recce to find out more.  That way if she gets arrested for breaking the lockdown rules it won’t matter much and we can carry on solving the case.”

In response to Star’s look of outrage she added, “Well better than either of us getting locked up innit!”  Star had to agree.

“It will take two of us to keep an eye on Aunty April, anyway. And it would behoove us to have a thorough look at that wardrobe, and decipher those notes.  And check the lining of the fur coats. I read a book once and spies used morse code in the hem stitches for sending messages.”

“Do you know morse code?”

“Of course not, why would I?”

“Well then how will you know..?”

The conversation went on in a similar vein for some time.

Those last few days have been hectic. But we finally arrived. I can’t believe we survived all those police controls and those christian mobs, and I didn’t know Kady was a adept at car borrowing.

I forgot my journal because it was on the computer and I didn’t take the computer. So I don’t know how to contact you, Whale, other than using the old method: with a pen and a sheet of paper. Max gave me this piece of wrapping in which Kady had put the chocolate. He said he can still reuse it later with the writing. He’s nice, although he doesn’t look like it. I think I like him.

However, the whole thing is not like I expected. Oh sure, the pistil itself is quite impressive: that lone and long stem coming out of that canyon and surrounded by those mountains in the distance. I’m talking about the camp. It’s like a refugee camp, and all of them avid to be able to go in somehow. I’m not sure what they expect. Kady hasn’t been in a sharing mood lately, and I haven’t asked that many questions. But she told Max we had to discuss before we go in tomorrow. So I’m feeling nervous about what I’ll learn tonight.

I’ve been told once: ask and you will receive. What am I supposed to know now? What am I supposed to do? Maybe that’s not the right question because I just got my voice telling me that I’m not supposed to know or do anything. Maybe supposed is not the right word. I’m too tired and excited at the same time to figure it out, but you get the gist I’m sure.

I didn’t have any more dreams. I’ve been watching the drawings in that book religiously every night of that trip before I go to sleep. Although I’m not truly sincere when I say that I didn’t have any more dreams. I had at least one that I recall. It was like some news about a parallel self, one that got the virus. I dreamt about that other me before, he couldn’t breath and it hurt. I had wondered if he had died because I didn’t have any more dreams about him, until last night. He seemed ok, he had recovered quite well considering the difficulties. He was at a gathering with other people at some kind of Lebanese buffet. I’m not too fond of the spicy merguez sausages, I prefer the hummus.

Max is calling, diner is ready. He’s made lasagna, apparently he makes the the best lasagna in the whole camp. I’m not sure when will be the next time I contact you so far Whale.

The journey to the Pistil itself would have been worth its own story, thought Charlton. They had to avoid road blocks, crowds of chanting christians that had certainly vowed to spread the virus as fast as possible, and howlers who you were never sure weren’t the real thing from Teen Wolf. They had to be, in such a landscape. Once arid, it had turned greener in just a few weeks. Rain was now weekly when drops of water used to only show up with the bottles of water from the tourists.

Despite Kady’s advice not to take anything, he’d still brought the book of drawings. Kady had said nothing about the book, nor the clothes, or the snacks. Charlton was sometimes literal about what people told him, but he also knew it. So he didn’t say anything when he saw Kady had her own backpack with clothes, some money and food. During the trip, he tried to reproduce the experience with the drawings and the dreams —but nothing happened. Charlton felt a little disappointed.

They saw the pistil long before they arrived at its foot. It was at the end of the day and the sunset was splashing its reds and purples all around it. Charlton had had time to get used to its tall presence in the landscape. Yet, seeing it at a close range from below was a strange experience. Taller than the tallest man-made tower. He wondered what he was supposed to feel in its presence. Awe? Electricity? Enlightenment? Bursts of inspiration? This should at least be a mystical moment, but all he could feel was annoyance at the crowd of people crawling around like aphids avid to suck its sap.

Kady looked more annoyed than surprised. She was walking past the flock as if she knew exactly where to go. Charlton followed, feeling dizzy by the sudden increase of activity and smells. He soon got nauseous at the mix of incense and fried sausages.

“There are so many of them,” he eventually said. “How come? It was so difficult just for the two of us to avoid police controls. Do we have to wait with them?”

“Nah! They’re just the usual bunch of weirdoes,” Kady said. “They’ve been here a long time. I bet some of them aren’t even aware there have been a virus. But stay close. I don’t want to lose you, it’s a maze before the maze. I just need to see someone before we go in.”

They walked for about another ten minutes before stopping in front of a big tent. There, a big man with a boxer’s face was repairing all kind of electronics on a table with the application of a surgeon. Phones, cameras, coffee machines… Charlton wondered how they got electricity to make it all work.

“Hey, Kady!” said the man. “You’re back. Did you give it to her?” His face looked anxious.

“Of course Max! I even got an answer,” Kady said handing him a pink envelope. Max smelled it.

“Her favourite perfume,” he said with a broad smile.

“I told you she still loves you. I also brought you something else.” Kady dropped a box on the table among the electronics. Charlton didn’t think it could be possible to witness the expression of a ten year old child on such a hard face, but what was inside the box certainly did magic.

“You brought chocolate?”

“Yep.”

“Did you find the chestnut one?”

“Yep.”

“My favourite,” said Max to Charlton. “Is this your friend?”

“Max, meet Charlton. Charlton, Max. Listen, we plan on going in tomorrow, but tonight we need a place to get some rest.”

“I told you, you’re always welcome. Did you know she saved my life in there?”

“Saved your life?” asked Charlton looking hesitantly at Kady. “No, I didn’t know.”