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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:

Phyllis Ellen Marshall

1909 – 1983

Phyllis, my grandfather George Marshall’s sister, never married. She lived in her parents home in Love Lane, and spent decades of her later life bedridden, living alone and crippled with rheumatoid arthritis. She had her bed in the front downstairs room, and had cords hanging by her bed to open the curtains, turn on the tv and so on, and she had carers and meals on wheels visit her daily. The room was dark and grim, but Phyllis was always smiling and cheerful.  Phyllis loved the Degas ballerinas and had a couple of prints on the walls.

I remember visiting her, but it has only recently registered that this was my great grandparents house. When I was a child, we visited her and she indicated a tin on a chest of drawers and said I could take a biscuit. It was a lemon puff, and was the stalest biscuit I’d ever had. To be polite I ate it. Then she offered me another one! I declined, but she thought I was being polite and said “Go on! You can have another!” I ate another one, and have never eaten a lemon puff since that day.

Phyllis’s nephew Bryan Marshall used to visit her regularly. I didn’t realize how close they were until recently, when I resumed contact with Bryan, who emigrated to USA in the 1970s following a successful application for a job selling stained glass windows and church furnishings.

I asked on a Stourbridge facebook group if anyone remembered her.

AF  Yes I remember her. My friend and I used to go up from Longlands school every Friday afternoon to do jobs for her. I remember she had a record player and we used to put her 45rpm record on Send in the Clowns for her. Such a lovely lady. She had her bed in the front room.

KW I remember very clearly a lady in a small house in Love Lane with alley at the left hand.  I was intrigued by this lady who used to sit with the front door open and she was in a large chair of some sort. I used to see people going in and out and the lady was smiling. I was young then (31) and wondered how she coped but my sense was she had lots of help.  I’ve never forgotten that lady in Love Lane sitting in the open door way I suppose when it was warm enough.

LR I used to deliver meals on wheels to her lovely lady.

I sent Bryan the comments from the Stourbridge group and he replied:

Thanks Tracy. I don’t recognize the names here but lovely to see such kind comments.
In the early 70’s neighbors on Corser Street, Mr. & Mrs. Walter Braithwaite would pop around with occasional visits and meals. Walter was my piano teacher for awhile when I was in my early twenties. He was a well known music teacher at Rudolph Steiner School (former Elmfield School) on Love Lane. A very fine school. I seem to recall seeing a good article on Walter recently…perhaps on the Stourbridge News website. He was very well known.
I’m ruminating about life with my Aunt Phyllis. We were very close. Our extra special time was every Saturday at 5pm (I seem to recall) we’d watch Doctor Who. Right from the first episode. We loved it. Likewise I’d do the children’s crossword out of Woman’s Realm magazine…always looking to win a camera but never did ! She opened my mind to the Bible, music and ballet. She once got tickets and had a taxi take us into Birmingham to see the Bolshoi Ballet…at a time when they rarely left their country. It was a very big deal in the early 60’s. ! I’ve many fond memories about her and grandad which I’ll share in due course. I’d change the steel needle on the old record player, following each play of the 78rpm records…oh my…another world.

Bryan continues reminiscing about Phyllis in further correspondence:

Yes, I can recall those two Degas prints. I don’t know much of Phyllis’ early history other than she was a hairdresser in Birmingham. I want to say at John Lewis, for some reason (so there must have been a connection and being such a large store I bet they did have a salon?)
You will know that she had severe and debilitating rheumatoid arthritis that eventually gnarled her hands and moved through her body. I remember strapping on her leg/foot braces and hearing her writhe in pain as I did so but she wanted to continue walking standing/ getting up as long as she could. I’d take her out in the wheelchair and I can’t believe I say it along …but down Stanley Road!! (I had subsequent nightmares about what could have happened to her, had I tripped or let go!) She loved Mary Stevens Park, the swans, ducks and of course Canadian geese. Was grateful for everything in creation. As I used to go over Hanbury Hill on my visit to Love Lane, she would always remind me to smell the “sea-air” as I crested the hill.
In the earlier days she smoked cigarettes with one of those long filters…looking like someone from the twenties.

I’ll check on “Send in the clowns”. I do recall that music. I remember also she loved to hear Neil Diamond. Her favorites in classical music gave me an appreciation of Elgar and Delius especially. She also loved ballet music such as Swan Lake and Nutcracker. Scheherazade and La Boutique Fantastic also other gems.
When grandad died she and aunt Dorothy shared more about grandma (who died I believe when John and I were nine-months old…therefore early 1951). Grandma (Mary Ann Gilman Purdy) played the piano and loved Strauss and Offenbach. The piano in the picture you sent had a bad (wonky) leg which would fall off and when we had the piano at 4, Mount Road it was rather dangerous. In any event my parents didn’t want me or others “banging on it” for fear of waking the younger brothers so it disappeared at sometime.
By the way, the dog, Flossy was always so rambunctious (of course, she was a JRT!) she was put on the stairway which fortunately had a door on it. Having said that I’ve always loved dogs so was very excited to see her and disappointed when she was not around. 

Phyllis with her parents William and Mary Marshall, and Flossie the dog in the garden at Love Lane:

Bryan continues:

I’ll always remember the early days with the outside toilet with the overhead cistern caked in active BIG spider webs. I used to have to light a candle to go outside, shielding the flame until destination. In that space I’d set the candle down and watch the eery shadows move from side to side whilst…well anyway! Then I’d run like hell back into the house. Eventually the kitchen wall was broken through so it became an indoor loo. Phew!
In the early days the house was rented for ten-shillings a week…I know because I used to take over a ten-bob-note to a grumpy lady next door who used to sign the receipt in the rent book. Then, I think she died and it became available for $600.00 yes…the whole house for $600.00 but it wasn’t purchased then. Eventually aunt Phyllis purchased it some years later…perhaps when grandad died.

I used to work much in the back garden which was a lovely walled garden with arch-type decorations in the brickwork and semicircular shaped capping bricks. The abundant apple tree. Raspberry and loganberry canes. A gooseberry bush and huge Victoria plum tree on the wall at the bottom of the garden which became a wonderful attraction for wasps! (grandad called the “whasps”). He would stew apples and fruit daily.
Do you remember their black and white cat Twinky? Always sat on the pink-screen TV and when she died they were convinced that “that’s wot got ‘er”. Grandad of course loved all his cats and as he aged, he named them all “Billy”.

Have you come across the name “Featherstone” in grandma’s name. I don’t recall any details but Dorothy used to recall this. She did much searching of the family history Such a pity she didn’t hand anything on to anyone. She also said that we had a member of the family who worked with James Watt….but likewise I don’t have details.
Gifts of chocolates to Phyllis were regular and I became the recipient of the overflow!

What a pity Dorothy’s family history research has disappeared!  I have found the Featherstone’s, and the Purdy who worked with James Watt, but I wonder what else Dorothy knew.

I mentioned DH Lawrence to Bryan, and the connection to Eastwood, where Bryan’s grandma (and Phyllis’s mother) Mary Ann Gilman Purdy was born, and shared with him the story about Francis Purdy, the Primitive Methodist minister, and about Francis’s son William who invented the miners lamp.

He replied:

As a nosy young man I was looking through the family bookcase in Love Lane and came across a brown paper covered book. Intrigued, I found “Sons and Lovers” D.H. Lawrence. I knew it was a taboo book (in those days) as I was growing up but now I see the deeper connection. Of course! I know that Phyllis had I think an earlier boyfriend by the name of Maurice who lived in Perry Barr, Birmingham. I think he later married but was always kind enough to send her a book and fond message each birthday (Feb.12). I guess you know grandad’s birthday – July 28. We’d always celebrate those days. I’d usually be the one to go into Oldswinford and get him a cardigan or pullover and later on, his 2oz tins of St. Bruno tobacco for his pipe (I recall the room filled with smoke as he puffed away).
Dorothy and Phyllis always spoke of their ancestor’s vocation as a Minister. So glad to have this history! Wow, what a story too. The Lord rescued him from mischief indeed. Just goes to show how God can change hearts…one at a time.
So interesting to hear about the Miner’s Lamp. My vicar whilst growing up at St. John’s in Stourbridge was from Durham and each Harvest Festival, there would be a miner’s lamp placed upon the altar as a symbol of the colliery and the bountiful harvest.

More recollections from Bryan about the house and garden at Love Lane:

I always recall tea around the three legged oak table bedecked with a colorful seersucker cloth. Battenburg cake. Jam Roll. Rich Tea and Digestive biscuits. Mr. Kipling’s exceedingly good cakes! Home-made jam.  Loose tea from the Coronation tin cannister. The ancient mangle outside the back door and the galvanized steel wash tub with hand-operated agitator on the underside of the lid. The hand operated water pump ‘though modernisation allowed for a cold tap only inside, above the single sink and wooden draining board. A small gas stove and very little room for food preparation. Amazing how the Marshalls (×7) managed in this space!

The small window over the sink in the kitchen brought in little light since the neighbor built on a bathroom annex at the back of their house, leaving #47 with limited light, much to to upset of grandad and Phyllis. I do recall it being a gloomy place..i.e.the kitchen and back room.

The garden was lovely. Long and narrow with privet hedge dividing the properties on the right and the lovely wall on the left. Dorothy planted spectacular lilac bushes against the wall. Vivid blues, purples and whites. Double-flora. Amazing…and with stunning fragrance. Grandad loved older victorian type plants such as foxgloves and comfrey. Forget-me-nots and marigolds (calendulas) in abundance.  Rhubarb stalks. Always plantings of lettuce and other vegetables. Lots of mint too! A large varigated laurel bush outside the front door!

Such a pleasant walk through the past. 

An autograph book belonging to Phyllis from the 1920s has survived in which each friend painted a little picture, drew a cartoon, or wrote a verse.  This entry is perhaps my favourite:

Ben Warren

Derby County and England football legend who died aged 37 penniless and ‘insane’

Ben Warren 1879 – 1917  was Samuel Warren’s (my great grandfather) cousin.

From the Derby Telegraph:

Just 17 months after earning his 22nd England cap, against Scotland at Everton on April 1, 1911, he was certified insane. What triggered his decline was no more than a knock on the knee while playing for Chelsea against Clapton Orient.

The knee would not heal and the longer he was out, the more he fretted about how he’d feed his wife and four children. In those days, if you didn’t play, there was no pay. 

…..he had developed “brain fever” and this mild-mannered man had “become very strange and, at times, violent”. The coverage reflected his celebrity status.

On December 15, 1911, as Rick Glanvill records in his Official Biography of Chelsea FC: “He was admitted to a private clinic in Nottingham, suffering from acute mania, delusions that he was being poisoned and hallucinations of hearing and vision.”

He received another blow in February, 1912, when his mother, Emily, died. She had congestion of the lungs and caught influenza, her condition not helped, it was believed, by worrying about Ben.

She had good reason: her famous son would soon be admitted to the unfortunately named Derby County Lunatic Asylum.

 

As Britain sleepwalked towards the First World War, Ben’s condition deteriorated. Glanvill writes: “His case notes from what would be a five-year stay, catalogue a devastating decline in which he is at various times described as incoherent, restless, destructive, ‘stuporose’ and ‘a danger to himself’.’”

photo: Football 27th April 1914. A souvenir programme for the testimonial game for Chelsea and England’s Ben Warren, (pictured) who had been declared insane and sent to a lunatic asylum. The game was a select XI for the North playing a select XI from The South proceeds going to Warren’s family.

In September, that decline reached a new and pitiable low. The following is an abridged account of what The Courier called “an amazing incident” that took place on September 4.

“Spotted by a group of men while walking down Derby Road in Nottingham, a man was acting strangely, smoking a cigarette and had nothing on but a collar and tie.

“He jumped about the pavement and roadway, as though playing an imaginary game of football. When approached, he told them he was going to Trent Bridge to play in a match and had to be there by 3.30.”

Eventually he was taken to a police station and recognised by a reporter as England’s erstwhile right-half. What made the story even harder to digest was that Ben had escaped from the asylum and walked the 20 miles to Nottingham apparently unnoticed.

He had played at “Trent Bridge” many times – at least on Nottingham Forest’s adjacent City Ground.

As a shocked nation came to terms with the desperate plight of one of its finest footballers, some papers suggested his career was not yet over. And his relatives claimed that he had been suffering from nothing more than a severe nervous breakdown.

He would never be the same again – as a player or a man. He wasn’t even a shadow of the weird “footballer” who had walked 20 miles to Nottingham.

Then, he had nothing on, now he just had nothing – least of all self-respect. He ripped sheets into shreds and attempted suicide, saying: “I’m no use to anyone – and ought to be out of the way.”

“A year before his suicide attempt in 1916 the ominous symptom of ‘dry cough’ had been noted. Two months after it, in October 1916, the unmistakable signs of tuberculosis were noted and his enfeebled body rapidly succumbed.

At 11.30pm on 15 January 1917, international footballer Ben Warren was found dead by a night attendant.

He was 37 and when they buried him the records described him as a “pauper’.”

However you look at it, it is the salutary tale of a footballer worrying about money. And it began with a knock on the knee.

On 14th November 2021, Gill Castle posted on the Newhall and Swadlincote group:

I would like to thank Colin Smith and everyone who supported him in getting my great grandfather’s grave restored (Ben Warren who played for Derby, Chelsea and England)

The month before, Colin Smith posted:

My Ben Warren Journey is nearly complete.
It started two years ago when I was sent a family wedding photograph asking if I recognised anyone. My Great Great Grandmother was on there. But soon found out it was the wedding of Ben’s brother Robert to my 1st cousin twice removed, Eveline in 1910.
I researched Ben and his football career and found his resting place in St Johns Newhall, all overgrown and in a poor state with the large cross all broken off. I stood there and decided he needed to new memorial & headstone. He was our local hero, playing Internationally for England 22 times. He needs to be remembered.
After seeking family permission and Council approval, I had a quote from Art Stone Memorials, Burton on Trent to undertake the work. Fundraising then started and the memorial ordered.
Covid came along and slowed the process of getting materials etc. But we have eventually reached the final installation today.
I am deeply humbled for everyone who donated in January this year to support me and finally a massive thank you to everyone, local people, football supporters of Newhall, Derby County & Chelsea and football clubs for their donations.
Ben will now be remembered more easily when anyone walks through St Johns and see this beautiful memorial just off the pathway.
Finally a huge thank you for Art Stone Memorials Team in everything they have done from the first day I approached them. The team have worked endlessly on this project to provide this for Ben and his family as a lasting memorial. Thank you again Alex, Pat, Matt & Owen for everything. Means a lot to me.
The final chapter is when we have a dedication service at the grave side in a few weeks time,
Ben was born in The Thorntree Inn Newhall South Derbyshire and lived locally all his life.
He played local football for Swadlincote, Newhall Town and Newhall Swifts until Derby County signed Ben in May 1898. He made 242 appearances and scored 19 goals at Derby County.
28th July 1908 Chelsea won the bidding beating Leicester Fosse & Manchester City bids.
Ben also made 22 appearance’s for England including the 1908 First Overseas tour playing Austria twice, Hungary and Bohemia all in a week.
28 October 1911 Ben Injured his knee and never played football again
Ben is often compared with Steven Gerard for his style of play and team ethic in the modern era.
Herbert Chapman ( Player & Manager ) comments “ Warren was a human steam engine who played through 90 minutes with intimidating strength and speed”.
Charles Buchan comments “I am certain that a better half back could not be found, Part of the Best England X1 of all time”
Chelsea allowed Ben to live in Sunnyside Newhall, he used to run 5 miles every day round Bretby Park and had his own gym at home. He was compared to the likes of a Homing Pigeon, as he always came back to Newhall after his football matches.
Ben married Minnie Staley 21st October 1902 at Emmanuel Church Swadlincote and had four children, Harry, Lillian, Maurice & Grenville. Harry went on to be Manager at Coventry & Southend following his father in his own career as football Manager.
After Ben’s football career ended in 1911 his health deteriorated until his passing at Derby Pastures Hospital aged 37yrs
Ben’s youngest son, Grenville passed away 22nd May 1929 and is interred together in St John’s Newhall with his Father
His wife, Minnie’s ashes are also with Ben & Grenville.
Thank you again everyone.
RIP Ben Warren, our local Newhall Hero. You are remembered.

 

 

Kate Purdy and the DH Lawrence Connection

Catherine (Kate) Purdy 1874-1950  was my grandfather George Marshall’s aunt, and the mother of George Rushby who went to Africa.  The photo is one of our family photos, and we knew that the woman at the back third from the right was an aunt of my grandfather’s. We didn’t know that it was Kate until we saw other photos of her in Mike’s collection.

DH Lawrence was born in Eastwood at roughly the same time as my great grandmother Mary Ann Gilman Purdy. Apparently his books are based on actual people living in the area at the time, so I read as many of his books as I could find, to help paint the picture of the time and place.  I also found out via an Eastwood facebook group, that he was not well liked there, and still isn’t. They say he was a wife beater, a groper and was cruel to animals, and they did not want a statue of him in their town!

Kate Rushby third from right back row:

Kate Rushby’s story as told by her grandson Mike:

George’s daughter Catherine (Kate) Purdy grew up in Eastwood and was living at Walnut Tree Lane when, at the age of 21, and on the 24 Sep 1894, she married John Henry Payling Rushby who was a policeman in the Grimsby Police. John Henry left the Police and together they bought a public house “The Three Tuns Inn” at Beggarlee. The establishment was frequented by amongst others, the writer D.H.Lawrence who wrote much of his book “Sons and Lovers” in the Inn. In his book he calls the Inn “The Moon and Stars” and mentions Kate. though not by name.

John Henry Rushby had two children, Charlotte and George Gilman Rushby. But a year after the birth of George on 28 Feb 1900, John Henry died at the age of thirty on 13 Sep 1901. He liked to show off his strength to his friends by lifting above his head an oak barrel full of beer. This would have weighed almost 200 kilograms. “He bust his gut” Kate said. He died of peritonitis following a hernia.

Following the death of John Henry, Kate managed the Three Tuns Inn on her own. But a regular visitor to the Inn was Frank Freer who was a singer and used to entertain the patrons with his fine baritone voice and by playing the cornet. He and Kate got married, but he turned out to be a drunk who beat his wife and was cruel to her son. They separated and he died from alcoholism, though he may also have been struck on the head with a beer bottle by a person unknown. She then married Mr Gregory Simpson who fathered a daughter Catherine, and then died from gas injuries he suffered on the battlefield in the first world war.

Despite her lack of men able to stay the course, Catherine became a very successful business woman. She ran the Three Tuns Inn and later moved to Jacksdale where she owned ”ThePortland Arms Hotel”. She travelled extensively to Europe in times of peace, to Africa several times, and around England frequently. She settled in Selston Lane Jacksdale in a large house bracketed by the homes of her daughters Lottie and Cath. She was a strong and tenacious woman who became the surrogate mother of her grandchildren Ann and George when they were separated from their parents by the second world war.

Mike Rushby’s photo of Kate:

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:

“Did someone say drinks are on the house?” asked Rosamund, pushing past the burly bouncer as she entered the pub.  “What’s your name, handsome?”

“Percival,” the bouncer replied with a wry grin.  “Yeah I know, doesn’t fit the image.”

Rosamund looked him up and down while simultaneously flicking a bit of food from between her teeth with a credit card.  “I keep forgetting to buy dental floss,” she said.

“Is that really necessary?” hissed Tara. “Is that moving the plot forward?”

“Careful now,” Star said, “Your Liz is showing.”

“I’ll be away for a while on an important mission,” Rosamund said to Percival, “But give me your number and I’ll call you when I get back.”

“The trip is cancelled, you’re not going anywhere,” Star told her, “Except to the shop to buy dental floss.”

“Will someone please tell me why we’re talking about dental floss when we have this serious case to solve?” Tara sounded exasperated, and glared at Rosamund.  What a brazen hussy she was!

“I’m glad you mentioned it!” piped up a middle aged lady sitting at the corner table. “I have run out of dental floss too.”

“See?” said Rosamund.  “You never can tell how helpful you are when you just act yourself and let it flow.  Now tell me why I’m not going to New Zealand? I already packed my suitcase!”

“Because it seems that New Zealand has come to us,” replied Star, “Or should I say, the signs of the cult are everywhere.  It’s not so much a case of finding the cult as a case of, well finding somewhere the cult hasn’t already infected.  And as for April,” she continued, “She changes her story every five minutes, I think we should ignore everything she says from now on. Nothing but a distraction.”

“That’s it!” exclaimed Tara. “Exactly! Distraction tactics!  A well known ruse, tried and tested.  She has been sent to us to distract us from the case. She isn’t a new client. She’s a red herring for the old clients enemies.”

“Oh, good one, Tara,” Star was impressed. Tara could be an abusive drunk, but some of the things she blurted out were pure gold.  Or had a grain of gold in them, it would be more accurate to say. A certain perspicacity shone through at times when she was well lubricated.  “Perhaps we should lock her back in the wardrobe for the time being until we’ve worked out what to do with her.”

“You’re right, Star, we must restrain her….oy! oy!  Percival, catch that fleeing aunt at once!”  April had made a dash for it out of the pub door.  The burly bouncer missed his chance. April legged it up the road and disappeared round the corner.

“That’s entirely your fault, Rosamund,” Tara spat, “Distracting the man from his duties, you rancid little strumpet!”

“Oh I say, that’s going a bit far,” interjected the middle aged lady sitting at the corner table.

“What’s it got to do with you?” Tara turned on her.

“This,” the woman replied with a smugly Trumpish smile. She pulled her trouser leg up to reveal a bell bird tattoo.

“Oh my fucking god,” Tara was close to tears again.

Dear Jorid Whale,

My hands are shaking while I type this on the keyboard.

I’m not sure which of last night’s dreams is the bizarrest. Bizarre in a fantastic way, although for certain people it might be called grotesque. I’m certain it has something to do with that book I ordered online last week. I don’t usually read books and certainly not like this one. But the confinement, it makes you consider making things out of your ordinary.

It’s called The Enchanted Forest of Changes, by a Chinese artist Níngméng (柠檬). They say his artist name means lemon, but that some of his friends call him Níng mèng 凝梦 (curdle dreams), which to my ears sound exactly the same except a little bit angrier. I found out about him on a forum about creepy dolls abandoned in forests all around the world. Yeah exactly, the confinement effect again. Apparently it started with a few dolls in a forest in Michigan, and then suddenly people started to find them everywhere. I wonder if some people are really into the confinement thing or if it’s just me using that as a reason to stay home.

Anyway, someone on that forum posted one of the picture of that book and it caught my eye. So much so that I dreamt of it the following night. So I bought the book and it’s mostly ink drawings, but they seem to speak directly to some part of you that you were not even aware you had. I almost hear whispers when I look at the drawings. And then I have those dreams.

Last night I dreamt of a cat that had been raised as a boy. He even had the shape of one, but shorter maybe. He had learned to talk and use his paws as hands, his claws had grown into fingers, had lost most of his fur and he was wearing clothes. If I was amazed by such a feat, it kinda seemed normal for the people I met in that dream. It just took a lot of efforts, love and dedication to raise this kind of children.

And Whale, I feel tingling in my arms. This morning you showed me the picture of a kitten! That’s not a mere coincidence. I’m feeling so excited, my hands are too slow to type what I want to write. I fear I’m going to forget an important detail.

About the second dream. The world was in shock, there was this giant… thing that looked like a pistil and that had grown during the night in some arid area. It was taller than the tallest human made tower. Its extremity was cone shaped, and I confess that the whole thing looked like some kind of dick to me.

Plants and trees had followed in the following days as if the pistil had changed the climatic conditions (autocorrect wanted to write climactic, is that you playing around?).

The pistil was protected by some kind of field and it couldn’t be approached by everyone. Governments had tried, pharmaceutical companies had tried. People who wanted to make gold out of it, they were all rejected. But for some reason some people could approach. Anyone, not just the pure of hearts or the noble ones. Actually a whole bunch of weirdoes started to take their chances. Some were allowed in and some where not. Nobody knew what was the deciding factor.

A friend of mine that I have not seen in years during my waking life, she came back and asked me to come with her. So we went and were allowed in. My recall of the events after that is fuzzy. But I get the strange impression that I will spend more time in there later on.

[Edited in the afternoon]

I don’t believe it! It’s on the news everywhere. It has even replaced the news about the virus and the confinement.

Giant pistils have appeared around the world, but it seems only people who had been infected can see them.

Crazy rumours run on the internet. Giant mass hallucination caused by the virus. Some people say it’s alien technology, spores engineered to control our brains.

There is one not so far from where I live. Should I wait for Kady to call me?

BOARD 8

Mater in fitting red gabardine is enjoying some quality time with her grand-daughter. Prune is working hard to get her first baby rocket to Mars.

The Time-travelling Drag Queens Reginald, Amar and Cedric have finally summoned St Germain’s crystal and are getting ready for the disco party, while worrying about being underdressed for such occasion.

Phurt is not happy about her assignment on this island. Bloody too small! she says. What am I supposed to eat? Coconuts?