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William Barnard son of T C
Barnard
William Barnard Born: Abt. Mar 1847 in
Bermondsey London Baptism: 12 Jan 1851 St Mary Magdaline, Bermondsey,
London Died: Abt. 1911 in Granville
1860 Christchurch
Militia List: BARNARD, William: Sewell street, Kaiapoi
Carpenter
1867, - William was
charged with having an illicit still in his possession, on which occasion
he was fined £IOO, with the alternative of six months imprisonment.
Wgtn Archives - This is recorded
in "Intentions to Marry" Wellington: William Barnard, Batchelor, aged
23, storekeeper of Christchurch and Fay Norah Hannah of Rolleston to be
married at the house of Rev J Aldred, ChCh dated May 1869 So, did he
change his mind or was this application a transcription
error???
William Barnard mar Emma Charlotte
Hill (b: Abt. Sep 1851 in Edmonton to parents Francis Charles Hill
and mother: Emma; d: 1936 in Mental Hospital, Redfern, Goulburn) Mar: 13
May 1869 in House of Rev J Aldred, at the house of Rev John Aldred, St
Albans; William Barnard of full age, occupation Settler, married
Emma Hill, full age, spinster. Their witnesses were Gardiner Levet, a
tinsmith of Market Square Christchurch and ? Pye wife of C Pye .
Emma's Family  
1870 Star, 13 January 1: Bankruptcy — William
used to hawke goods around the country which Blackett of Rangiora supplied
to him on credit. He had to file for banckruptcy when Blackett pursued him
for £100. Blackett accused him of removing £80 of goods from his
store just before he
filed 1870 Star, 4 Mar. 1870:(Abbrev.)
Criminal Calendar - Regina v.
William and Emma Barnard — Fraudulent destruction of a valuable
security. Husband and wife, William Barnard and Emma Barnard, were
charged that on October 27th they wilfully
destroyed a bill of sale made by William Barnard to John
Wheeler for a horse and cart for payment of £15, and incurring £3
interest, which belonged to John Wheeler. They pleaded "Not Guilty." Mr.
Duncan prosecuted for of the Crown, and Mr. Joynt for the
defendants.
Sergeant O'Grady of
Rangiora said on 15th Dec he arrested the male prisoner
William Barnard and charged him with obtaining certain documents from
T. C. Barnard (his father) with intent to defraud. He was cautioned
and the prisoner said "How can it be proved they were
valuable documents - they were not signed nor stamped. I
destroyed them by instructions from Mr. Joynt." The female prisoner was
arrested on December 17 on the same charge.
Whe cautioned, she said nothing with reference to the document
in question. John Wheeler: I am a butcher in
Rangiora. Last August I lent the male prisoner £15. I was
to get £3 interest the following morning after he had the money, and
a bill of sale on the horse and cart as security for the principal and
interest. I got it about three weeks later. It was prepared in his
father's Parlor bar by William Barnard and I asked his
father to read it, which he did before it was signed by William Barnard
and myself. His father witnessed the signatures.The contents stated I was
to have the horse and cart as security and the bill of sale
was written to secure the principal and interest. The possession
of the horse and cart was to remain with Barnard. His father took the
bill of sale after it was signed - he said he was going
to Christchurch in a week's time, however whoever went
first could take it and get it stamped and we agreed.
I did not know William Barnard had become bankrupt until I saw it in
the paper later. I asked him if he was going to Christchurch, he
said "Yes." I said "I will go with you, and have bill of sale stamped". He
said "I am going to town for some goods, and I'll give you £10 from
it, because I do not want to go to any more expense at present, if that
will do." He did not pay me £10. Defence lawyer Mr. Joynt cross-examined:
Wheeler stated " I got a receipt for the £15 first. In his
father's presence, I stated the money would not be given until I
had one. His father witnessed the receipt which Mr. Graham has now.
Nothing was said about the bill of sale in the receipt and I
did not know it's importance. I lent the
money for 12 months. I could not read the bill of sale. I
can write, but not like the prisoner. I asked
his father to read the bill of sale and William Barnard also read it.
I swear it was signed by him - I do not know whether the copy
was signed by him. Nothing was said by the father about the bill of sale
requiring to be stamped before it was signed. I saw Mr. Barnard put the
documents on the shelf in the bar. I do not know how long they
remained there as I never saw them afterwards. It was some time in
September I signed the bill of sale, but I do not know exactly when
or when I saw the prisoner's notice of bankruptcy in the Gazette.
Thomas Charles Barnard: I was a Publican
in Rangiora in September and October. I am aware my
son borrowed £15 from John Wheeler and that £3 pounds was to be paid
as interest. The understanding was that he was to have the horse and cart
belonging to William Barnard as security by a bill of sale. They met at my
house at the time the money was handed over. The bill of sale was to be
given in a few days or so after but it was about three weeks
after. Wheeler, my son, and myself drew out in the bill of sale
and my son made a duplicate. I was called into the room. One of the
bills of sale was read over by my son and myself in the presence of
Wheeler. Before anything more was done, I took the documents and put them
in the bar. They were not signed - I am quite sure of that. I
said it would be of no use signing unless it was stamped before it was
signed. They agreed to leave them with me for the purpose of bringing
them to Christchurch to get stamped, and to ascertain the cost of
registering. Crown Lawyer Mr.
Duncan cross-examining Mr. Barnard "I am quite sure they were
not signed because of my objection to their being
signed before being stamped. After the documents had been in my possession about three weeks,
between two decanters on the shelf, one afternoon when in the
bar I took them off the shelf and unrolled them. I read
through one and am sure it was unsigned - I did not
open the other. I gave the documents to Emma Barnard after they had been
in my possession about eight weeks and she took them away. I heard
they were since burned. I had no conversation with either of the prisoners
about the bill of sale and the first I saw about it was in the newspapers.
I mentioned to my son that it was foolish to destroy the paper. He
said he had spoken to his solicitor about them, was told they were of
no use, and he might destroy them. He admitted that they had been
destroyed - I do not know by whom, or if he was present. I did not speak
to Emma about the Barnard documents after I gave them to her, or after
they were destroyed. His Honor inquired if the Crown had any
independent evidence to support the indictment - if not, there was no
case to go to the jury. Mr. Duncan admitted that the case had broken
down. His Honor, addressed Mr. Joynt, saying that if he advised
the spoliation of the documents in question, it was bad and dangerous
advice, whether signed or not. In response Mr. Joynt told him
that Barnard came to me with the declared intention of becoming
bankrupt. During the usual inquiry respecting his assets and liabilities,
it transpired that these papers had been filled up some months
before. I asked him if the documents had been signed, and he said they had
not. I also put the same question to his wife, and she said that they had
certainly not been signed. Barnard said that they were lying in the bar of
his father's public house at Rangiora. I said to Barnard "Do not on any
account sign the documents. If you do, you will get into trouble by giving
a fraudulent preference". The suggestion of destroying them, to the best
of my recollection, was never made, but I distinctly and repeatedly
cautioned him not to sign the documents or to give any other security or
recognition of the debt to Wheeler. I did not advise him to destroy
them but my exceeding caution in impressing upon him not to sign them
might possibly have induced Barnard to destroy them because by doing so he
would give a fraudulent preference to Wheeler over the other creditors. I
told him that the documents, unsigned, were of no good to Wheeler,
and could do no injury to himself. His Honor expressed himself satisfied with
the learned counsel's explanation. The jury, returned a verdict of "Not
Guilty," and the prisoners were immediately discharged.
18 January 1872 "Lyttelton Times" - A
shocking occurrence has taken place in Christchurch. The wearing apparel
of Mrs. Barnard, in Taylor's Lane, off Madras-street North, caught fire.
Before the flames could be extinguished very severe injuries were
sustained by Mrs Barnard, and it is possible they will prove fatal. She
was intoxicated when discovered, and when taken to the hospital, by the
police, was quite insensible. The unfortunate woman, is progressing
much more favorably towards recovery than was anticipated. Mr W. Barnard,
her husband, was up-country harvesting at the time of the occurrence, but
came to town yesterday 1872 Star, 1 August 1872: Sons of
Temperance. — A meeting to establish a sub-division of the Sons of
Temperance was held Tuesday evening, in the Wesleyan Schoolroom,
Kaiapoi.The general objects of the Order are the practice of total
abstinence principles by means of public meetings, the circulation of
temperance publications, and by the force of example. Members are to
succor and aid sick or distressed brothers, visit widows and
fatherless in their affliction; and to keep themselves unspotted from the
world.The following officers were then elected and duly installed : Worthy
Patriarch, Mr George Henry Blackwell; Worthy Associate, Mr Elijah Hornby ;
Recording Scribe, Mr William Henry Wake; Assistant Recording Scribe, Mr
William Barnard ; Financial Scribe, Mr Thomas Knight Treasurer, Mr James
Robertson ; Conductor, Mr Francis Charles Hill ; Assistant Conductor, Mr
Charles Brighting ; Inside Sentinel, Mr Benjamin Smith ; Outside Sentinel,
Mr Thomas Barnard Knight. It was resolved that the meetings of the
Division to be held fortnightly, in the Wesleyan Schoolroom.
The Progress Division opened with seventeen names on the charter.
1873 14 May - Birth
of Mary Ann at Kaiapoi to William Barnard occupation watchmaker
Kaiapoi, mother Emma Charlotte Barnard formerly Hill,
Registrar C
Dudley

1874 - Evening Post, 30 June 1874 Drunkenness - William Barnard
for being drunk and incapable, were each, fined 5/-, or 24 hours
imprisonment.
1875 Star, 22 January 1875, SUPREME
COURT. IN BANKRUPTCY. Jan. 21. William Barnard This case
was adjourned until March 18, the accounts not having been filed in time.
Mr Bamford appeared for the bankrupt.
1875 Star, 19 March - BARNARD: Mr Bamford applied for a
final order of discharge In reply to his Honor, the bankrupt said he had
gone through the court before. He attributed his bankruptcy to loss on
furniture which he had sold at Kaiapoi, Leithfield, and Christchurch. His
Honor made the order.
1875 - 23 November, Wellington - RESIDENT MAGISTRATE'S
COURT. R.N. Toop charged W. Barnard with assault after quarrelling
about a boring machine They had been partners in a building contract and
Richard Toop was accused of stealing a boring-machine from William Barnard
. The assault was not a violent one, and the complainant, in describing
it, said, "He hurt my hat more than he did me." William denied having
struck the complainant, and said his hat had been blown off. Fined
10s and costs. Plaintiff sought to recover £3 10, the value of a boring
machine, about which there have been numerous disputes, one charge of
theft, and one of assault however it appeared that the affair was
simply a case of disputed ownership, and the charge was
dismissed.
1877 Evening Post, 20 June - The adjourned
meeting of the creditors of William Barnard, of Wellington, storeman, was
to have been held, but no creditors attended, and the meeting
lapsed.
1877 - 19 February
FIRE IN OLD CUSTOM HOUSE STREET. At 9.30 at night, people saw a dense
volume of smoke and flames shoot up over the buildings at the bottom of
the lane which runs from the Bank Hotel in Manners-street to the
sea. The Te Aro bell was rung immediately and then in a few minutes
all the bells in the city were ringing. The Wellington Fire Brigade were
quickly on the spot, and it was found that flames were issuing from a
wooden building which had been used for some time past as a skating rink
and cabinetmaker's shop by Mr. Barnard. The Brigade soon had its apparatus
at work and was joined by the Central Brigade arrived. They quickly
succeeded in pouring such a quantity of water into the burning
building that the danger to the adjacent buildings was over. Some of
the furniture in the shop was removed, but the speed meant that a quantity
of unfinished furniture, tools, roller-skates, etc. could not be removed
and the building and its contents were totally
destroyed.
1878 22 April: A
HARD CASE. Robert Dick was charged with stealing a key, value 1s, the
property of Bishop and Co. William Barnard, salesman to Mr. N. .1. Isaacs,
auctioneer, said about 4 o'clock on Saturday afternoon the prisoner
entered the Arcade, in Manners-street where he was attending an
clock-work railway train. He had just wound it up when Dick offered
to buy the train for 7s, but price asked was 9s; it was agreed
and he was told to "Tie it up". Barnard did so, laying the key on the
counter; prisoner put the key in his pocket, and said " I've paid you for
it; hand the thing here" Witness told him he had not paid, and if he did
not give up the key he would be given into custody ; prisoner then walked
away, and witness followed and gave him in charge. Prisoner said he paid
for the toy before Barnard wrapped it up, and the latter handed the key to
him.The article taken had no intrinsic value - worthless to the
prisoner without the toy which it was intended to wind up. The case was
dismissed and Barnard advised to take civil proceedings for the
recovery of the key.
1878
Evening Post, 23 July - at the Bankruptcy Court
sitting held before Mr. Justice Richmond William Barnard
obtained his discharge, there being no
opposition.
1879 RESIDENT
MAGISTRATE'S COURT. Evening Post, 5 February CIVIL CASES.Judgment
for the plaintiffs, with costs, was given :— Curio and others v. W.
Barnard, claim for £8 15s judgment for £8 5s and costs.
1879 - DEATH. Barnard.— On the 10th March,
1879, Edward Barnard, youngest son of William and Emma Barnard, Adelaide
Road, aged 3 years
1879 – 7 October: William Barnard
charged with breach of Public House ordinance. He was bankrupt and
selling liquor under his old license which had expired, Rangiora Hotel.
The Hotel was ordered closed and the license granted to J Carter (LT
7/10/1879)
HANNAH BROOMFIELD 134 tons, commanded
by Captain F W Highfield: On 4th October 1880 while entering
Wellington harbour at Pencarrow Head in heavy weather whilst on her
way from Hobart to Wellington with a cargo of timber, she hit the
reef in the heavy gale. Cabins filled fast with water.
1880 - Police Gazette 1880 - Stolen between
9th and 11th ultimo from the wreck of the brigantine "Hannah Broomfield"
off Inconstant Point, Wellington, 2 tomahawks, a gap in the face of one, a
new American axe, 2 chisels and American ash oar 13 foot long, 2 pair of
dark -check trouser size 6 and a white coarse oilcloth coat and a pair of
leggings, the property of William Barnard. Value £6 Trousers,
tomahawke with gap, oil-coat and leggings identifiable.
Evening Post, Volume XXII, Issue 46, 24
August 1881 In connection with the seizure of supposed
smuggled tobacco, on premises near Mr. C. Plimmer'a hotel, Adelaide Road,
on tho 10th met., information has now been laid against Mr. Plimmer's
father-in-law, Mr. John August Sorwell, who ia charged with being
"kn>wingly concerned in dealing with one package of manufactured
tobacco," which had not been stamped or .marked, as required by tho
Tobacco Act of 1879. Together with William Barnard, Walter Lee, aud
Charles Plimmer, Sorwell will be required to attend tho Resident
Magistrates's Court at 10 o'clock to-morrow morning to answer the eka-ges
preferred against him. Lee is still in custody, but Barnard managed to
obtain bail yesterday afternoon, Mr. F. S.dey and Mr. W. M'Lean becoming
the necessary sureties.
1881 Evening Post: 23
August - THE SEIZURE OF SMUGGLED TOBACCO. (Acct
Abbrev)
The seizure of a
large "plant" of smuggled tobacco by the detectives - Seven boxes,
each 501bs. in weight, were found underneath a house in Frederick-street.
The tobacco was taken to the police-station, and the occupant of the
house, Walter Lee, was taken into custody on a suspicion of
being concerned in concealing the goods. At the Magistrate's
Court Lee was charged with (1) Knowingly concerned in
concealing uncustomed goods on which no duty had not been paid, with
intent to defraud the Customs, and (2) with knowingly concealing seven packages of
manufactured tobacco which had not been stamped or marked, contrary to the
23rd section of the Tobacco Act, 1879. William Barnard, was
arrested and charged under the Tobacco Act with being knowingly concerned
in carrying, removing, and concealing ten packages of manufactured
tobacco, that had not having been stamped or marked, with intent to
defraud the Customs. The prisoner Barnard was represented by Mr.
Cutten. The other prisoner, who was undefended, pleaded guilty to each of
the charges and it appeared Barnard had been apprehended in consequence of
a voluntary statement made by Lee to Detective Benjamin. It was
decided to adjourn the case against Barnard till the following Thursday
- bail allowed in his own recognizance of £2OO and two sureties of
£100 each. The only evidence against Lee was tendered by Detective
Benjamin - Lee made a voluntary statement "Last Monday week he
became aware that a man named Joe Denley had seven cases of smuggled
tobacco in his possession, he helped by Denley, took the
boxes to his house. At first the boxes were secreted under his bed, and
afterwards deposited underneath the house, where they were found.
They had written a letter to Charles Plimmer, landlord of the Tramway
Hotel, telling him that if he (Plimmer), Bould, (of the Foresters' Arms
Hotel), Barnard and another, whose name I forget at present, did not pay
him £50 he would "split" on them. Lee was allowed bail in the same amounts
as the other prisoner.
1881 Evening Post
25 August 1881: William Barnard, general dealer,
appeared at Court on the charge that he had been concerned in carrying,
removing, and concealing ten packages of manufactured tobacco which had
not been stamped or marked as required by the provisions of the Tobacco
Act whereby he had forfeited the sum of £1OO, for which sum the
Commissioner of Customs elected to sue. Mr. Izard appeared for
the Customs Department, and Mr. Edwards for the defendant. The first
witness, Joseph Denley, an expressman, said that Barnard
accosted him in Ghuznee Street, asking him "if he would, like another
smoked-fish racket." Witness answered "Yes." Thereupon Barnard
enquired if he would mind carting "the genuine stuff," which was explained
to consist of a number of packages of tobacco. It was then arranged that
he should meet Barnard in Ghuznee-Street with his express at
5.30 that afternoon. He met, and was instructed by Barnard to drive
to the yard door of the Foresters' Arms Hotel in Little Taranaki-Street.
Here ten packages of tobacco were placed in the express by Barnard, Bould
(landlord of the Foresters' Arms Hotel), and another man. Acting upon
Barnard's instructions, he conveyed eight out of the ten packages to his
(Denley's) residence in Frederick-street, the remaining two being taken to
the Tramway Hotel on Adelaide Road. Barnard told him he would pay him
liberally - that, in fact, " it would run to £10 or £12 per month"
for him. For this remuneration, Barnard said he would require witness to
"shift his house " whenever this became necessary, to keep tobacco in his
house, and to deliver the boxes as he might be ordered to do. Mr.
Izard— Had you known Barnard before this occasion ? Witness: Yes; I
carted some smoked fish and apples to the Kaiwarra toll-gate for him.
(Loud laughter.) On the 9th, witness removed the eight packages from his
bedroom, and buried them underneath the house. Cross-examined by Mr.
Edwards, Denley admitted that he know he was engaged in an unlawful
occupation. He had given different accounts of this affair to various
persons; while not upon his oath he had said what he chose. He had signed
the letter produced with a view of extorting money from Barnard, Plimmer,
and another. The letter contained a threat that, unless the writer
received £5O by 10 o'clock the following morning, there would be others
only to eager to come to terms with him. He remembered telling Barnard an
untruth, viz , that Detective Benjamin had promised to pay him £l5O if he
could produce evidence to convict Barnard Because he failed
to get money from the defendant, he informed the police of the
"plant." He believed Barnard purchased the cargo of the Hannah Bromfield
wreck come time ago - he did not steal any of the cargo, but may have
told Barnard he did "in order to gain his
confidence"(Laughter) Harry Edmonds, painter, was the next witness
examined. He passed the Foresters' Arms Hotel when Barnard and others were
in the act of placing the tobacco in the express, and Denley let him in to
the secret the same night. Emily Denley, the expressman's wife, also
gave evidence. In the course of cross-examination, she admitted that she
and her husband meant to sell the tobacco if they could and pocket the
money. They meant to make something out of it somehow or other; it didn't
matter how. (Laughter )
Walter Lee, a blacksmith
(now a prisoner), said he lived next door to Denley in
Frederick-street, and some of the tobacco had been placed underneath the
corner of his house. On last Thursday he met Barnard in the Arcade, and
accosting him, said he " knew where the tobacco was." He afterwards
entered into a compact with Barnard to remove the tobacco to another
hiding place unknown to Denley, and witness received half-a-sovereign "on
account " Subsequently, witness arranged to "stand in" with Denley, while
professing at the same time to be also " standing in" with Barnard. He
knew Denley was going to inform the police, but did not care to interfere.
He did not try to sell the tobacco, but he did try to "sell" the man who
had it. (Roars of laughter.)
Mr. Edwards, Barnard's
defence lawyer, apprehended if this was the case for the
prosecution, that Barnard should not be called upon to answer
something which consisted almost entirely of statements made by persons
who admitted they had consorted together for the purpose of extorting
money. The witness Denley he characterised as a liar and scoundrel of the
most pestilent type, who had condemned himself out of his own month. His
Worship's decision was not stop the case
here. Barnard, gave a
point blank denial to the evidence against him, and protested he knew
nothing whatever about the tobacco. He gave a few interesting
particulars of his career while under examination for the defence. He is a
resident of Drummond street, off Adelaide Road, and has dwelt in this city
for the past seven years. In 1867, while in Canterbury, he waa charged
with having an illicit still in his possession, on which occasion he was
fined £IOO, with the alternative of six months' imprisonment. During the
first three years of his sojourn in Wellington he followed the calling of
a cabinet-maker. Afterwards he acted as a salesman in a store (Sidey's)
and latterly had been a general dealer. He complained he was now the
victim of a plot. He said this was the third attempt to entrap him.
The first was made at Otaki, and the second only a fortnight ago, when a
stranger, whom he suspected had been sent by the police, asked him to
purchase l cwt. of tobacco. He refused. He said he had no objection
to accept a cheap "line" of tobacco whenever he saw it " sticking
out" if the duty had been paid. The case was adjourned and
Barnard was allowed reduced bail in his own recognizance of £IOO, and two
(sureties of £50 each.
30 August 1881 THE
TOBACCO SMUGGLING CASES.Evening Post,
Mr. Izard appeared as
before in support of the information, and Mr. Edwards defended. Thomas
Bould, licensee of the Foresters' Arms Hotel, at the corner of Ingestre
and Little Taranaki streets, said he did not know Barnard by name but
might by sight. Henley did not assist in the removal of any cases out of
his hotel. Denley's statement that he (Bould) assisted Barnard to put any
cases of tobacco in an express was false. Cross-examined he said he never
had tobacco stored on his promises, and he knew nothing more than what he
had read in the papers with regard to the boxes of tobacco being in his
yard. He had told Detective Benjamin he did not know Barnard and that
he had heard that smuggled tobacco had been put into his yard.
Edwin Davy, carter, said he was not at the Foresters' Arms Hotel on
the evening of the 2nd inst. He knew of negotiations between Barnard and
Lee with regard to the purchase of the latter's furniture. Robert A. Page,
engineer, deposed that he was in the Tramway Hotel the other Sunday. There
he met Barnard and Lee, who were talking about the purchase of certain
furniture. Witness remarked to Barnard that he was surprised to find him
furniture-dealing on a Sunday.
His Worship - lf Barnard
was there on Sunday morning for the purpose of buying furniture, what were
you there for, may I ask? (laugher) Witness - I was there for the
ostensible purpose of borrowing a book from landlord, Mr.
Plimmer
(Laughter.) I don't know
whether I should be in order in saying what I was doing otherwise.
(Renewed laughter ) Charles Plimmer, licensee of the Tramway Hotel,
said he knew nothing of any cases of tobacco having been taken to his
premises. Cross-examined said some unstamped tobacco was found in an
open passage near the hotel premises on his land. It must have been taken
there while he was in bed. He could now sell tobacco at 4/- per lb and
make a profit out of it - he had never sold it at 3s 6d per lb. He
bought a quantity of tobacco from a stranger about six months ago for 3s
9d per pound that the man said he had purchased cheap at auction. Witness
did not recollect the name of the man or anything about him. Since then he
had bought some Barrett's twist from Mr. Kruil at 3s 6d per lb. He was
aware that the duty alone now amounted to 3s 6d per lb. The tobacco he
obtained from Mr. Krull was slightly damaged, and had been taken out of
bond when the duty was only 2s 6d per lb. 'This closed the case for the
defence. Mr. Izard produced witnesses by way of rebuttal. Detective
Benjamin was recalled, and gave evidence with a view to impeaching' the
credibility of the witness Bould. Cross-examined by Mr. Edwards— Witness
said he never told H. C Cato that if he would help him to get a conviction
against Barnard for tobacco Smuggling, he would give him £5O. Thomas
Hill, Collector of Customs, also rebutted the evidence given by Bould. Mr.
Edwards then asked for leave to call a witness to impeach the credibility
of Detective Benjamin. (Laughter.) This was granted
and Henry Cox Cato, fruiterer, stated that Detective Benjamin had
tried to "pump" him with regard to the " plant" of tobacco. Benjamin
offered him £5O if he would "split," and said it would be a good thing for
him. Cross-examined — Witness knew through Deney that the Benjamin had
"planted" some tobacco. Mr Edwards then addressed the Court on behalf of
the defendant. He directed attention to the character of the witnesses
called by prosecution - Each had admitted that they meant
to make something out of this affair, and it was evident they had intended
to concoct a trap for Barnard, a man whom, above all others the
detectives, after the "smoked fish" fiasco were anxious to convict. The
prosecution's contradictory evidence must be received with very great
caution - it disregarded the testimony of persons who, like Mr.
Bould, had previously borne an unimpeached character in Wellington for 40
years. It was unreasonable to convict the defendant of smuggling and
perjury on the statements of the off-scourings of the town. He said the
defendant should be given the benefit of the doubt, and discharged.
Mr. Izard contended the character of the witnesses for the
defence was no better than that of the witnesses on the other side and in
respect of Bould, he was practically a defendant in connection with
this affair. Court was adjourned till Thursday.
1881 Evening Post, 1 September
(Abbrev)
William Barnard dealer,
appeared at the Resident Magistrate's Court to receive judgment. His
Worship addressed him and said : "The Crown have produced evidence to show that you
knowingly were concerned in concealing certain goods. The resulting great
deal of evidence has created a very large amount of suspicion against you
and others in regard to this matter and it's consideration has given
me a good deal of anxiety, because if the evidence of the Crown can be
believed, there is no doubt whatever that you were implicated in this
matter. My anxiety arises from the fact that the only material
evidence against you is that of men who say they were your accomplices -
something always fraught with a very great deal of suspicion. The
evidence of one accomplice is not sufficient in any case to ensure a
conviction. Starting upon that hypothesis, the evidence of two accomplices
is worth very little, the evidence of three accomplices is worth very
little more, and so on ad-infinitum. However, a good deal of suspicion is
raised in my mind as regards your conduct in this matter
but not enough to dis-entitle you to the benefit to which a doubt is
given. l am entirely satisfied that the evidence of Lee and Denley is
absolutely true and can be believed. Having that doubt in my mind, I
therefore hesitate to convict you, and you, William Barnard, are now
discharged."
John August Sorwell, for
whom Mr. FitzGerald appeared, was charged with being knowingly concerned
in dealing with certain unstamped tobacco, but Mr. Izard declined to
proceed with the case, seeing that the main witness for the prosecution
was a man in whom his Worship did not place sufficient
confidence.
Walter Lee, who
had pleaded guilty to two charges of a similar nature, was put forward for
judgment. In reply to the magistrate, Mr. Izard said he elected to sue for
a penalty of £IOO instead of treble the value of the seized tobacco. Lee
was thereupon fined .£IOO, in default six months imprisonment, the
prisoner to be liberated prior to the expiration of that period should the
fine be sooner paid.
SMUGGLING. Wellington City, September 1.
At the Police Court to-day, charges of smuggling tobacco against J. A.
Sorwell and William Barnard were dismissed, the Magistrate saying he gave
them the benefit of a slight doubt, as the evidence was that of an alleged
accomplice, Walter Lee, who had pleaded guilty to the same charge was
fined £100 or 6 months.
Evening Post, 21 September 1880: MEETING OF MR. FRANCIS
SIDEY'S CREDITORS. A meeting of the creditors
of Mr. Francis Sidey, auctioneer, was held in the Grand Jury Room of the
Supreme Court House, at 11 o'clock this morning, about a dozen creditors
being present. Mr. Gordon Allan represented the debtor. The liabilities
were set down at .£10,587 5s 9d, including the following large debts—
£8805, £666, £497, and £99. The assets were stated at £12,795 9s 2d, made
up as follows :— Arcade building, £9000 ; 2 1/2 acres land, in
Thomson-street, £3000; land in Hopper-street, £300 ; stock and furniture
in Arcade, £124 19s ; book debts, £127 14s ; furniture in dwelling house,
£60 ; bills in Bank of New Zealand for collection, £165 16s 2d ; pony and
saddle, £5; interest in land, in Woodville, £2; shares in New Zealand
Accident Co., £10. A large number of proofs of debt were put in.Mr. Cary moved as an
amendment, and Mr. Barnard seconded, that
Messrs. T. J Ladd and W. R. Waters be joint trustees. The amendment was
carried. Mr. Sidey made a statement as to the cause of his failing. There
had been, he said, a general impression throughout the town that he had
filed owing to the recent action of Mr. Cary against him in the Resident
Magistrate's Court. That was not the immediate cause, but it precipitated
matters. He had been carrying on during the last two or three years under
very heavy expenses, and although he had been doing a large business, he
found himself going gradually to the bad. His expenses and charges were something over £2000 a
year, although he had struggled to raise economy in every shape and form.
Business, however, had been so bad that no commission would pay his heavy
expenses. There were other cases similar to Mr. Cary's likely to be
brought against him. Divested of the property secured to creditors, his
estate was a very small one. His liabilities amounted to something like
£650 — that was his trade liabilities — and there was very little to meet
them. There was his stock-in-trade, amounting to about £100 ; good debts,
about £60; and his furniture about £60 ; and that was the lot. He did not
think there would be enough to realise more than 5s in the £, and it was
possible law expenses, &etc , would reduce that to 4s. He felt himself
in a most unenviable position, because he was left penniless. Court adjourned. NB William Barnard had worked for Sidey and had lived in a house provided by him - this was now sold as it's owner was insolvent.Evening Post, 29 March 1881 KEEPING UNREGISTERED DOGS:
Phoenix Briggs, William Barnard, Michael Billows, Nicholas English, and
William Gardner were proceeded against for keeping unregistered dogs.
Messrs. Briggs and Billows were fined 3s each and costs; the informations
against Messrs. Gardner and Barnard were withdrawn, the latter
showing he had called twice at the Registrar's office for the purpose of
registering his dog, but, owing to there being no collars in stock, was
unable to obtain a license.
1881 Evening Post, 21 June : LOST, a bay Mare; 8
years' old; with part of clothes line round neck. Any person returning the
same to W. Barnard, Adelaide Road, will be rewarded.
Evening Post, 12 December
1881: The following judgment
summonses were disposed of at the Resident Magistrate's Court this morning
:— W. Moriarty v. Wm. Barnard, 9s 6d.
1881 South
Wellington Electoral Roll; Qualification Freehold; Place of residence -
Drummond St; Occupation Storekeeper; Property qualification - house and
land Drummond St.
The family moved to Sydney - eldest
son remained in Wellington, a building apprentice employed
at Ballinger's however in 1887 he also moved to Sydney
and was employed as salesman in a shop on William Street.
Sydney Morning Herald: Sept 4, 1884 - Redfern Police
Court; William Barnard was ordered to pay 15s. per week for 12
months for the support of his wife, Emma Barnard,with 6s. l0d. costs of
Court.
Sydney
Morning Herald: Sep 5 1885 - William Barnard, charged, on warrant, with
disobeying; a summons for having neglected to comply with an order of
Court for the support of his wife, was 'discharged on paying the amount
due under the order, with 9s. 5d. costs.
Sydney Morning
Herald: 19 Mar 1886 - Emma Barnard obtained an order against
her husband, William Barnard, for tho payment ot 10s. a week for 12 months
towards her maintenance.
Sydney Morning
Herald: 12 Jan 1886 William Barnard, 34 labourer, was fined £5, in
default two months' im prisonment, for having assaulted Constable
Darlington he was also fined for having been drunk on the pier at
Manly
Sydney Morning
Herald: 17 Apr 1894 -: Licensing Act New Colonial Wine Licenses were
issed to Barnard, of Campbell and Macquarie streets,
Sydney Morning
Herald: Saturday 18 August 1894 BARNARD V BARNARD Mr. F. S. Moore
appeared for the petitioner, William Barnard, who sued for the dissolution
of his marriage with Emma Charlotte Barnard on the grounds of her adultery
with some person unknown. A decree absolute was
granted.
State records
Divorce Index 1488 1894 BARNARD William BARNARD V Emma Charlotte
Barnard Co-respondent FRAZER Charles
William Barnard (b: Abt. Mar 1847 in Bermondsey London Bapt: 12
Jan 1851, St Mary Magdaline, Bermondsey, London; d: Abt. 1911 in Granville,
Australia) mar: 13 May 1869 in House of Rev J Aldred, ChCh to
Emma Charlotte Hill (b: Abt. Sep 1851 in Edmonton to father:
Francis Charles Hill & mother: Emma; she d: 1936 in Mental Hospital,
Redfern, Goulburn
Their children:
i Frederick (Willie) William* Barnard (b: 07 Jul 1870 in
Rangiora d: 1944 in Ryde) Mar: (1) 1892 in Sydney to Catherine Agnes Kinnane (b: 1875 in Camden, her father: Michael Kinnane,
mother: Katherine; d: 1923 in Sydney
*2nd Wife of Frederick (Willie) William* Barnard:Mar: 1913 in St
Leonards to Marie Gertrude Carr b: 1888 Died: 17 May 1917 in
Coast Hospital, Redfern
ii Emma Barnard (b: 04 Apr 1872 in Rangiora) Mar: 1907 in
Picton to William H. Shields
iii Mary Ann Barnard (b: 14 May 1873 in Kaiapoi) Mar: 1895
in St Leonards, to Arthur J. Robertson
iv Edward Barnard (b: 28 Jul 1876 in Wellington d: 10 Mar
1879 in Wellington Bur: 10 Mar 1879 Bolton Street Cemetery, Wellington
v Rosa Barnard (b: 07 Feb 1881 in Melbourne d: 1906 in St
Peters) Mar: 1906 to Robert K Parsons (b: 1864 his father:
John K Parsons and mother: Isabella
Paterson)
Contact with descendants is needed
to add further detail to William's family.
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