The first Warland settler in Australia - October 1823 - William Henry Warland

William Henry Warland was the son of William Warland (1765 - 1838) and older brother of George and James Warland and William and Robert, who migrated to South Australia, and Edward Warland, who also migrated to New South Wales.

Birth of William Henry Warland

William Henry Warland was born in 1795 in Blandford, Dorsetshire, and was the second child and first son of William and Ann Warland (nee Harbin) who farmed in the Spetisbury area of Dorsetshire, UK.

Arrival in Australia - First employment

William Henry (W.H.) Warland was the first documented Warland to arrive in Australia. He arrived in October 1823 on board the Mariner, having accompanied Dr David Reid, a Royal Navy Surgeon from Scotland, out from England to be his superintendent of stock and agricultural concerns. In later years, Reid settled in the Bungonia area of New South Wales (NSW), and was known for his compassion to convicts. Reid died in 1840, and was buried at Bungonia (near Canberra).

According to various historical documents, W.H. Warland left the employment of Reid soon after arrival, and began employment with Samuel Hassall.

3 February 1825 - William Warland requests a Grant of Land

On 3 February 1825, William Henry Warland wrote a letter from 'Macquarie Grove, New South Wales' addressed to 'The Right Honorable Earl Bathurst, Downing Street, H M Principal Secretary of State for the Colonies'. The letter read as follows:

My Lord

I have the honor to inform your Lordship that I arrived in this Colony as free settler in the ship Mariner Herbert Master in September 1823 and that owing to my being ignorant of the prescribed regulations I neglected to procure from Your Lordship the [word] authority to enable me to obtain a Grant of Land, and ahv now the honor humbly to request Your Lordship will pease to send to me the usual order directed as above.

I further beg leave to state that I have been bred to an Agricultural Life and habit of Industry that I am now engaged in the management of an extensive Farming and Grazing concern belonging to a Mr Samuel Hassall of Macquarie Grove, as above, that I am possessed of sufficient capital to enable me fully to carry into effect your Lordship's intentions in granting Lands; and in proof of the veracity of my statements I beg leave to refer Your Lordship to Thos Grove Esp Fern House Wilts near Shenton Dorset and the Rev James Mayor, Wimbourne Dorsetshire.

I have the honor to be Your Lordship's Most Humble Servant, Wm Henry Warland

Source: Records of the Colonial Office, mfm PRO 1-5950 (Various)-Records of the Colonial Office (as filmed by the AJCP)/Fonds CO/Series CO 201/Subseries Pieces: 1-629/File 168. AJCP Reel No: 143-144/Individuals, etc., P-Z. File 168. (via Trove)

1825 - Warland and Hassall part ways, Warland joins with Bingle

This employment ended in September 1825 when he joined a Mr Bingle in the purchase of a herd of cattle which was subsequently transferred to Bingle’s farm on the Hunter River. Bingle and Warland parted company in March 1826. Warland then set out (again?) to obtain a grant of land in the Hunter Valley region of NSW, having been attracted by the then recently discovered valley in the upper Pages River region.

Squatting in the Hunter Valley

By 1826, according to one source, the Hunter Valley region was 'fully stocked and in danger of being eaten out. Then drought set in, exacerbating the problem. Sheep and cattle were driven up into its northern reaches in the search for grass. But the men who owned them were hemmed in by the Liverpool Range…'.

In the late 1820's it was not unusual for people to 'squat' on land, often done by proxy. 'Many of the bluer bloods seldom if ever saw the land usurped in their names. The standard practice was to send an overseer and a couple of assigned convicts up to wander around until they found a suitable unoccupied tract and then build a hut and stockyards." (Source: Waterloo Creek: the Australia Day massacre of 1838, George Gipps and the British Conquest of NSW, by Roger Milliss, ISBN 0 86840 3261. This book refers to W H Warland and the 'run … called Wollomal and Waldoo" on page 75.)

1827 - Warland requests a grant of land

On 15 February 1827, W.H. Warland wrote to the NSW Land Board requesting a grant of land, stating that he was '... a single man ... bred to Agriculture from my youth, my family having occupied a farm belonging to Sir John Webb in Dorsetshire for upwards of 200 years.’ In another document, dated 18 February 1828, and apparently in support of Warland’s letter, Dr Reid stated that the Warlands were '... very extensive farmers, but suffered severely in the late distresses of the agriculturalists ...'. This is likely a reference to the Corn Laws. Reid described Warland as '... one of the best farmers and judges of livestock in the colony...'

On 21 February, the Land Board made its report concerning this request. The report included, as attachments, Reid’s referee letter as well as one from a Mr Rapsey of the company Rapsey and Mitchell, Merchants and Auctioneers. The Land Board indicated that it had no objection to the granting of land, although it appears that Warland was granted only 640 out of the 960 acres that he requested.

In January 1828, Mr Bingle wrote a letter concerning W.H. Warland to the Land Board in reference to the latter’s desire to obtain a grant of land. On 9 February 1828, W.H. Warland wrote to the Land Board to advise that he had not received any response to his request for a grant. In his letter, Warland stated that the Land Board response had been '... as mislaid as I have been ...', a reference to his being beyond normal means of communication. By February 1829, Warland had selected 640 acres of land at a place called Gullengall (Surveyor-General’s Report for 1/15 February 1829, No. 29/33).

1827 - The convict Joseph Fleming

Joseph should not be confused with another Joseph Fleming (1811-1891), the son of Henry Fleming and his wife Elizabeth Hall (NSW BDM Ref 2375/1811 V18112375 1A), whose life is recorded in the Australian Dictionary of Biography.

The convict Joseph Fleming was born around 1798, and was tried at Paisley in Ireland. He came on the convict ship the Countess Harcourt in 1827. He was described as a 'farmer's man' and was assigned to William Warland upon arrival. He absconded from Warland in May 1832. (NSW Government Gazette, 23 May 1832, p.107).

The NSW Government Gazette of 5 September 1832 (page 277) noted that Joseph Fleming, 'per Countess of Harcourt', was to be a police constable at Newcastle and 'act as Scourger, from the 6th July, in the room of Patrick Crinion, [who had been] dismissed for theft on the 13th June'. The Sydney Morning Herald of 26 September 1832 noted that Joseph Fleming and several other convicts from the Countess of Harcourt had been given their certificates of freedom.

In November 1832, Joseph Flemming [sic] applied to marry Bridget Neill, a 25 year old convict servant from Limerick in Ireland who had arrived on the City of Edinburgh in 1828. Permission was refused because Bridget was married. Bridget was imprisoned in Newcastle goal after a riot at the Factory there on 17 November 1832. A request to re-assign her was approved. Joseph and Bridget seemed determined and eventually married at Christ Church in Newcastle in 1833 (NSW BDM Ref 283/1833 V1833283 17). It is not known if they had any children.

The NSW Government Gazette of 9 April 1834, page 213, noted that Jos Flemming, a farm servant, had been transferred from H. [Henry] Flemming of Wilberforce. The Gazette of 11 June 1834, page 392, noted that Jos Flemming was transferred from T Maloney of Wilberforce.

On 5 November 1834, Bridget Flemming (nee Neill) was admitted to Newcastle goal from Maitland Quarter sessions and remanded for trial. A day after, on 6 November 1834, Joseph Flemming [sic], described as a 'shoemaker from Ayreshire' was admitted to Newcastle goal from Maitland Quarter Sessions. Both were sent for trial at the Sessions on 21 January 1835.

On 4 February 1835, Bridget Flemming (nee Neal) was admitted to Newcastle goal from Newcastle district and remanded until the next court day. She was sent to the Police Department for court on 6 February 1835. On 6 February 1835, Bridget was admitted to Newcastle goal under sentence of 10 days in the cells and 2 months in the 3rd Class Factory in the goal. She was returned to her husband on 16 April 1835.

Bridget Flemming (nee Neill) was granted her certificate of freedom on 5 May 1835 (NSW Government Gazette, 6 May 1835, page 277).

A Joseph Flemming married a Jane McConnell in 1842 in 'CJ' (NSW BDM Ref 192/1842). There do not appear to be any children from this marriage.

It is not known what became of the younger Joseph Fleming/Flemming after he was given his certificate of freedom, but he should not be confused with his namesake. Bridget Fleming may be the woman with that name, the daughter of James and Margeret, who died at West Maitland in 1893 (NSW BDM Ref 8769).

1829 - Warland takes possession of land at Gullengull

On 15 May 1829, Warland took possession of 640 acres of land at Gullengull (sic), '... twelve miles up the Goulburee River from Mr Grieg’s farm, and on the same side of the river ...' (Historical Records of Australia, 1 March 1829). This grant was included in the ‘Return of Grants of Land made during the year 1828’, and was signed by T.L. Mitchell, Surveyor-General of the Surveyor-General’s Office, and was dated 10 January 1829. Warland named his property Harben Vale, after his mother.

Also in May 1829, Warland was to have been granted an additional 960 acres of land at Page’s River, for possession from 16 June 1830. A Land Board internal Minute dated 4 June 1829 noted, however, that Warland had received only 640 acres as he had not entered into the ‘Residence Bond’.

1830 - Warland settles at Harben Vale

By 1830, Warland was noted as '... a resident at Harben Vale, and had huts and barns erected by 1831.' (Source: "Descent", Volume 8, part 4). Harben Vale (a property that still exists) was named after his mother Ann Harbin.

1830/1832 - The convicts Patrick and Bridget Featherstone/Sheerin

Patrick Sheerin/Shearing/Shearin was a 33 year old (born around 1797) labourer and soldier from County Meath. Patrick was caught stealing clothes, tried on 9 March 1829, and sentenced to 7 years transporation. Patrick Sheerin arrived at Port Jackson on the convict ship James Pattison which left Dublin on 2 October 1829 and arrived at Sydney on 30 January 1830. Patrick was assigned on arrival to Warland at Pages River. Bridget Featherstone was also assigned to Warland i. He was given his ticket of leave on 18 November 1834 at Invermein.

Bridget Featherstone/Sheering was born around 1794 in Dublin and was a 'confectioner/laundry worker'. She was married to Patrick Sheerin and they had one daughter, Catherine Shearing/Featherstone. Bridget, aged 35, was sentenced on 21 August 1829 to 7 years transportation for stealing a plate. Bridget (and her daughter) was one of 120 Irish women who were transported on the Forth II, having previously been held in prison in Ireland. The Forth II departed the Cove of Cork on 3 June 1830 and arrived at Port Jackson on 12 October 1830. After initial checks they were landed 'fit for service' on 23 October 1830. Bridget was initially assigned to Major Sir Thomas L Mitchell and her daughter Catherine was placed in the Orphan School. At some point Bridget was assigned to the Female Factory in Parramatta from where she was assigned to Warland at Page's River for 'all work' (meaning any work) in July 1832. (NSW Government Gazette, 11 July 1832, issue no 19, page 179). It is assumed she was sent there because her husband was there.

What happened to their daughter Catherine? Patrick Shearing placed a notice in several newspapers in August 1847 including the Sydney Morning Herald and the Maitland Mercury and Hunter River General Advertiser stating the following: 'Catherine Featherstone, alias Shearing. The above named came to this colony with her mother, and was placed in the Orphan School at Parramatta in 1830. If this advertisement should meet her eye, she is requested to communicate with her Father, Patrick Shearing, to the care of P Brodie, Esq., Glanalvon, Page's River.'

Catherine Featherstone married a Luke Lamb in 1848 (NSW Ref 513 1848 V1848513 33B) and had at least three children: Luke Lamb (1855 (NSW BDM Ref 229) - ); (male) Lamb (1857, Murrurundi (NSW BDM Ref 8957) - ); (male) Lamb (1859, Murrurundi (NSW BDM Ref 10102) - ); John Lamb (1861, Murrurundi (NSW BDM Ref 10132) - ); Albert Lamb (1868, Wee Waa (NSW BDM Ref 17590) - ); James Lamb ( - 1870 (NSW BDM Ref 5964). A Frederich Lamb, the son of Luke and Catherine Lamb, died at Waterloo in 1888 (NSW BDM Ref 5856).

Patrick Shearing died before July 1857; the exact date and details has not yet been found. The NSW Government Gazette of 24 July 1857 carried the following article under the heading 'Ecclesiastical Jurisdiction':

In the Goods of Patrick Shearing, late of Murrurundi, in the Colony of New South Wales, deceased, intestate. NOTICE is hereby given, that after the expiration of fourteen days from the publication hereof, Catherine Lamb, the only daughter and next of kin of the abovenamed Patrick Shearing, intends, with the consent of Luke Lamb, her husband, to apply to this Honorable Court, in its Ecclesiastical Jurisdiction, that Letters of Administration be granted to the said Catherine Lamb, with such consent as aforesaid, of the goods, chattels, credits, and effects of the said Patrick Shearing—Dated the 22nd day of July, A.D. 1857. WILLIAM HENRY MULLEN, Proctor for the said Catherine Lamb, By Iceton and Pownall, his Agents.

Luke Lamb was mentioned in the Maitland Mercury and Hunter River General Advertiser on 25 May 1861, having absorbed animal poison at Murrurundi. The article noted that a 'very poor but honest labourer named Luke Lamb, who has a very large and helpless family' was given sheep that had been poisoned. Luke skinned the sheep and rendered down the fat. A few days later he realised he had a splinter in his finger and, using the knife he had used to skin the sheep, extracted the splinter. However, this caused a major infection. A doctor told him he had to have his arm amputated, which he refused to do. In the end, Luke managed to survive. Luke was noted as a shepherd in a legal case in The Armidale Express and New England General Advertiser of 29 October 1864. Luke Lamb, then residing at Spring Station, Wee Waa, died of chronic diarrhoea on 29 April 1869, aged 50 (NSW BDM Ref 6906, also the Maitland Mercury of 12 May 1868), the same year Albert was born.

Catherine Lamb may then have married Samuel Boden at Tamworth in 1871 (NSW BDM Ref 3569), possibly a former convict who obtained his ticket of leave in October 1849 at Bathurst (NSW Government Gazette 12 October 1849). Samuel Boden died in 1877. He was described as 'an old resident of the town [Gunnedah] who left this life in a sudden manner very recently' (Source: Australian Town and Country Journal, 4 August 1877). His will gave his assets to Catherine Boden of Gunnedah 'widow of the said deceased' (NSW Government Gazette 23 August 1878).

It is not known exactly what happened to Catherine Lamb. She may be the person of that name, the daughter of Patrick (no surname shown) who died at Glebe in 1881 (NSW BDM Ref 3055/1881).

1830 - Partnership with William Dangar

Sometime in 1831, Warland had entered into a loose partnership with William Dangar, then resident of Patrick’s Plains (now Singleton), and Edward Gostwyke Cory, of Paterson River. Dangar owned considerable land in what is now the Scone region. Cory’s brother John J. Cory had in the meantime purchased a Land Grant on the Pages River, called 'Bickham' in 1835. The partners decided to squat on land north of the Liverpool Range and set up Stations at Wollomal and Waldoo on the Peel River.

In March 1831, an area known as Walden’s Station was marked on maps of NSW (No. 1, State Archives, 4897, drawn by Dixon, March 1831). This was in fact Warland’s property at Harben Vale.

1831 - Warland robbed

On 25 April 1831, Warland's property was robbed. Details of the court case that followed may be found here.

1831 - Warland (and others) seek suspenson of rents

In September 1831, Warland and a number of other settlers in western NSW petitioned the Governor of NSW for the suspension of the collection of rents because of the inability of graziers to pay them. This situation was brought about by a number of factors such as the ‘… erroneous valuation of the land’, but more particularly because of the difficulty of selling produce in distant markets. (Historical Records of Australia, 1, September 1831, pp 342 – 344).

1832 - Warland of Page's River, well known landholder

In 1832, Warland, ‘of Page’s River’, had 1300 cattle on Wollomal or Waldoo. He was described as ‘… a well known landholder in the settled districts, and was an unauthorised occupier of Crown Lands beyond the so-called ‘limits of location.’ ("Squatting on Crown Lands in NSW", p 2). According to the NSW Postal Directory, Warland was listed as living at Darlington (later to become Singleton).

Also in 1832, it was noted that Warland’s land was used to raise cattle and the partners were depasturing 1,200 head of cattle. (Journal of the Royal Australian Agricultural and Horticultural Society, Vol 8, p. 228). However, the lands were in the area that was granted to the Australian Agricultural Company, and in 1832 – 1833, the partners lost their stations.

1832 - The convict Wilbee Cornilius/Cornelius

Wilbee Cornilius/Cornelius was born in Northamptonshire in 1804. He was convicted in March 1826, along with John King, Thomas Jakeman and Charles Hudson, of stealing linen cloth valued at £3 6s at the Quarter Sessions for the City of Oxford. They were sentenced to seven years transportation but were transported separately. Wilbee left England on 16 October 1826 onboard the Midas II, arriving on 15 February 1827. He absconded from a farm in July 1828 and, after being captured, was sentenced to three years at the penal colony of Moreton Bay from where he absconded again in August 1829.

In September 1832, Cornelius was assigned to Warland. (NSW Government Gazette, 26 September 1832, issue no 30, page 314). He was granted his Certificate of Freedom on 23 May 1833. He married the widow Mary Melanophy at West Maitland in 1847 and they had a daughter Amelia Flora Wilbee who later married George Thorn and had 15 children of her own. Cornelius died at the Macquarie Street Asylum in Parramatta on 3 April 1844.

Early 1830s - Warland concentrates on his own holdings

At this point, Warland appears to have decided to concentrate on the development of Harben Value, and to increase his holdings in the area. To assist him, Warland formed a partnership in 1832/33 with Peter Haydon, then a Sydney-based businessman, and his partner Peter Brodie. Brodie subsequently travelled to the Page’s River Valley to help manage the partners’ affairs.

1833 - Warland returns to the UK - possibly convinces his brothers to emigrate

Correspondence dated 23 September 1833 indicated that Warland was in England during this period as there was a formal claim instituted for 960, not 640 acres, in which it was stated that Warland '... laid claim to the land.'

End 1834 - Warland back home, assigned more convicts

By the end of 1834, Warland had erected a substantial stone homestead at Harben Vale, just by the banks of a small creek named after (or by) him. According to Mr A McLellan of Scone, NSW, Warland’s wife lived in the homestead from 1835; in fact, Warland did not marry until 1841. By 1834, Warland had 25 employees, the majority of whom were convicts. Warland was assigned an additional two convicts in that year. (Government Gazette, 1834, p. 905).

1834 - Death on the farm on Christmas Day

On 25 December 1834, Mr Robert Scott and Mr James Scott visited Harben Vale. The following story is related by Mr A.F. Smith, writing in the Scone and Upper Hunter Historical Society Journal. (Volume 2). The following occurred on that day:

‘Scotts Creek in the same locality it is surmised derived its name from this family. The Squire had treated his servants to a supply of grog, a number of whom were becoming obstreperous under its influence. Mr Warland and his visitors went for a stroll down one of the paddocks the first named remarking that the men were annoying him in their quest for more grog. It was during the party’s absence that a disturbance arose among the men, two of whom came into fisticuffs.

The fight had been in progress about ten minutes when one of the contestants fell and, when picked up, it was found that life was extinct. On Mr Warland’s return, the second party to the affair was apprehended and forwarded to Redbank where he stood trial on an indictment of murder. When the case came for hearing, evidence was given to the effect that the dead man was the aggressor, the prisoner only fighting in self defense. The prisoner was committed to the Supreme Court of Sydney.

Mr McLellan of Scone, NSW, commented, in relation to this story that '… according to Mr Peter Haydon, who was Mr Warland’s partner at the time, the party was given to celebrate the completion of the first Harben Vale homestead, a stone building. Mr Smith has confused the two Scotts – Robert’s brother was Helenus Scott. The Creek was named after Lieutenant J.L. Scott, who sold his land to Mr Warland in 1834. Redbank was the forerunner to Scone.'

Late 1835/early 1836 - Warland selects more land

In late 1835 or early 1836, Warland had selected 960 acres for purchase in the County of Brisbane. Subsequently, he purchased 856 acres in the Pages River area, followed by 1,228 acres in the same area. On 29 March 1836, and later on 18 October 1839, Warland was granted the main blocks of land that he owned – Portion 57 in 1836 and Portion 58 in 1839. He apparently also owned land in Sydney. There is some confusion over what he actually purchased and what he was granted, as the figures are the same in some cases.

By the end of 1835, Warland had acquired or was in the process of acquiring freehold land on the north and eastern sides of the Pages River, extending from the mountains to the northeast of the Pages River gorge to a mile west of the present village of Blandford, not included Bloomfield (which was the property of his partner Peter Haydon). He also occupied all the Crown Land ‘… extending from those properties northward to the Liverpool Range including the valleys of both Scotts and Warlands Creeks’. (Deeds Portion 55, 56, 60, 62, and 64, Parish Murulla).

According to the various references in the Government Gazette of 1836, Warland purchased lot 42, County Brisbane – 1,228 acres – for £307 (page 116). Deeds were granted on 28 January 1836 for 1,228 acres at Lot 62, County Brisbane (page 238). Deeds were granted on 8 September 1835 for 356 acres in Lot 31, Country Brisbane (page 339). 856 acres were purchased at Lot 31, County Brisbane for £214 (page 369). There are also references on pages 548, 576 and 577 to his assignment of six convicts.

1836 - Sheep to South Africa? - 1836

In March 1836, Warland travelled from Newcastle on a ship apparently carrying a load of the partner’s sheep, to be sold at Capetown, South Africa. This story is corroborated by an article in the Sydney Gazette 12 Mar 1836, describing William Warland shipping on the 'Leda' 315 merino sheep and 2 cashmere goats for sale in Cape Town. Another report that suggests he went to South Africa to buy sheep, but perhaps he brought some stock back and the stories are confused. Warland then travelled onto the UK. The ship was possibly the barque Leda, which was part-owned by Warland from 1835 – 1836. Messrs Haydon and Brodie were left in charge of all the properties.

According to a letter written by Warland at Two Fold Bay on 31 March 1836, he was taking sheep to to Cape, not from that location. He vowed never to repeat the action because of the feeding problems, ‘…I think it will be the last I shall ever take, no-one knows the trouble….’

On this return to Australia, the partnership was dissolved, and Warland managed the properties by himself, assisted by his ‘nephews’ (sic) and his niece and her husband. (Scone and Upper Hunter Historical Society Journal, Volume 3, part 2, page 5). Peter Haydon’s brother Thomas also had some involvement until 1845.

1837 - Post Office established at Murrurundi

According to pages 140 to 143 of Volume XXXIX of the Journal of the Royal Historical Society (quoted below again as 'the Journal of the RHS'), a post office was established at Murrurundi in 1837, and this formed the nucleus of a settlement.

1838 - William's father dies

Warland's father William died in 1838 and Warland apparently returned to the UK to manage his father's estate. It may have been during this visit that Warland finally convinced some of his other brothers to migrate to Australia.

1837 to 1841 - The colony falls into depression

From 1837 to 1841, the colony had drifted from relative prosperity into a severe depression, and on 14 November 1841, Warland mortgaged Harben Vale to Henry Warland to secure £1,200. This mortgage was re-paid on 13 August 1853. It is not clear who Henry Warland was. The 1841 census shows that, apart from his nephew and niece (and her husband), Warland also had three other senior employees, nine shepherds, and seven domestics. He was then running around 8,000 sheep.

1839 to 1841 - Murrurundi becomes a village

According to the Journal of the RHS:

In July 1839, the Colonial Secretary informed the Surveyor-General that the Governor requested that 'measures for the laying out of a village at Murrurundi' should be taken. Referring to the locality in the issue of May 25, 1841, the Australasian Chronicle wrote : — 'This is now becoming a very popular district, as there are several very fine buildings in a state of forwardness. The Township of Murrurundi is considered by every person acquainted with its situation likely to be a very flourishing place. It does a great credit to the judgment of the Assistant Surveyor General, Captain Perry, as a more eligible site could not be selected'.

In May, 1841, the Rev. Father Lynch, Roman Catholic chaplain of Maitland, visited Murrurundi and laid the foundation stone of St Joseph's chapel on a site given by Mr Thomas Haydon.

William goes to the UK, again - 1841, and marries

Warland returned to the UK sometime in 1840/1841 and married Susannah Clark (1806 - 1888) in 1841 in Farnham, Surrey. Warland returned to Australia on 3 March 1842 on board the Royal George which departed England on 28 October 1841. By this time, several of Warland’s brothers were already established in Australia.

Possibly on this trip (although the ages don't seem correct; needs further research), were Warland's nephew William Warland (Abt 1822 - 1893) and his niece Emma Ann Warland (born 1827), and the latter’s husband Mr Alfred Hayle. Emma Ann and William were the children of William's brother John Warland (1798 - 1865), the only brother to remain in the UK.

Early 1842 - Events at Murrurundi

According to the Journal of the RHS:

Early in 1842 Henry Dangar began the erection of an inn, and several stores and dwellings were also being built. Bishop Broughton visited Murrurundi in 1842 and preached in the court house. This was the first occasion when an Anglican service had been held in the town. The site for a church to be erected as soon as funds would permit was also decided upon.

1840s - Warland survives the depression

Warland successfully weathered the economic storms of the 1840’s and, by the 1850’s, was still consolidating his hold on the vast areas he controlled. On 22 March 1844, he gave a second mortgage to John Brown to secure £910. This mortgage was re-paid on 5 March 1856. On 21 February 1846, he gave a third mortgage to the Commercial Banking Company of Sydney Ltd, to secure £1,500. This was re-paid by borrowing a like sum from Donald McIntyre on 7 August 1849. The last sum was re-paid on 13 August 1853.

1843 - Court of Petty Sessions established at Murrurundi

According to the Journal of the RHS:

It was reported early in 1843 that the Court of Petty Sessions previously held at Scone was to be removed to Murrurundi. Murrunindi has, owing to its remote position, become the resort of a gang of cattle stealers and other loose characters.

1845 - Warland creates the village of Blandford

In 1845, Warland sub-divided his westernmost lands into a large number of small farms to create the village of Blandford, named after the town where he went to school in Dorset. These lands were eagerly sought, and by 1857, the majority of the farms and village allotments had been sold at very good prices, most of the farm lands bringing in £10 per acre.

1846 - Murrurundi population

According to the Journal of the RHS:

Murrurundi had a population of 52 in 1846, and there were eleven houses in the town. Haydonton, a private town adjoining Murrurundi, had twenty-two houses.

1847 - Warland a local magistrate

According to the 1847 Legislative Assembly report on Police (Select Committee on Police, pp 39 – 40), Warland was the local resident Magistrate (and the only one), but had not been able to attend court for three months because of an unspecified illness. According to the report, Warland resided five miles from the Court House.

1847 - Description of Murrurundi

According to the Journal of the RHS:

J. P. Townsend, who visited New South Wales in 1847, described Murrurundi: — 'As Murrurundi affords a fair specimen of an inland town I will endeavour to sketch it. We have two inns, both well built. There is a slab built Roman Catholic Chapel, with broken windows and otherwise much out of repair, and behind it an open graveyard. .... There are two or three brick cottages, and a tolerable sprinkling of bark huts, and at a little distance in the bush is the court house. Here divine service is performed once a month by a clergyman of the Church of England, who travels twenty five miles for the purpose, and the magistrate's clerk gives the responses. A Roman Catholic priest comes from Maitland four times a year to shrive his flock at the slab built chapel. He also catches every stray drunkard of whatever denomination he can lay his hands on and insists on his becoming a tee-totaller. There is a large store, where everything that can possibly be required in the bush is to be bought. In one of the bush huts you would find a good-natured, intelligent and comfortable looking medical man, who came out in charge of emigrants, and who has not exactly made up his mind when he shall return. .... The river Page runs, or rather lingers in the rear of the town. The people seem harppy and contented, and as all of them have cattle running on the waste land, they are at no loss for meat.

1848 - Warland assaulted in Murrurundi

According to the website 'Free Settler or Felon', in April of 1848, four men were tried in Maitland for the assault of a Constable at Murrurundi in the previous February. A violent encounter occurred when a half drunken William Wilsdon 'grossly abused' Magistrate William Henry Warland as he rode through the town. Magistrate Warland instructed Constables McDonald and Doyle to arrest Wilsdon and the gathering crowd responded by obstructing the constables in their task. Constable Berkely and Mounted Policeman Trooper Barnam were called to assist and they were jostled and kicked particularly Berkeley who was said to have been terribly bruised and hurt. Despite this the men accused were found not guilty as Constable Berkely, remaining loyal to the townsfolk and reluctant to betray them, had stated that the only blows received were from a man named Wood, not one of the defendants. One of the magistrates hearing this case was Edward Denny Day. He could be forgiven for thinking that the rough little town had improved little since the days of the bushranging Jew Boy Gang.

1848 - Blandford a village

In the Wells Gazetteer of 1848, the nearby town of Murrurundi (just north of Blandford) was listed as having 52 inhabitants and 11 houses.

1849 to 1851 - Developments at Murrurundi

According to the Journal of the RHS:

In November, 1849, a meeting was held in connexion with a proposal to erect a Presbyterian church on land given by T. Haydon.

A press item in June, 1850, stated that a brewery was to be erected. A National schoolhouse was built in 1851.

It was stated in April, 1851, that the Presbyterians were occupying a 'neat little house as a temporary place of worship', and that a committee had been formed to obtain land on which to erect a church. A Presbyterian church was opened in 1856.

1854 - Warland's niece's husband Alfred Hayles - Postmaster, Hanging Rock

The Maitland Mercury and Hunter River General Advertiser of 7 October 1854 included a notice by John Cross 'care of Mr A. W. Hayles, Postmaster, Hanging Rock' (believed to be not far from Blandford).

1855 - Alfred Hayles is given property by Warland

In 1859, Alfred Hayles published a noticed with the following text, clearly indicating he was given land by Warland in 1855.

True Copy. Harben Vale Sept. 17, 1855. This is to certify that I have this day given to William Warland and Alfred William Hayles, as a free gift forever, for the purpose of erecting a Steam Flour Mill on the same, all that piece of land, being a suburban allotment, situation in the township of Blandford, near Harben Valle, No. 31, containing by admeasurement 2 acres, 2 roods 18 perches, bounded on the north by Debenham-street, and on the west by Mill-street. (Signed) W.H. Warland. Witness - W. Warland, A.W. Hayles.

1855 - Warland offers to sell land and sheep

The Maitland Mercury and Hunter River General Advertiser of 24 October 1855 carried the following notice. Note the reference to White, the Surveyor - see below for further information:

FOR SALE, by Private Contract, Two Thousand Four Hundred and Forty-five Acres of LAND, with or without Four Thousand SHEEP, as may be agreed upon. The land is situated upon Page's River, within a few miles of the rising town of Murrurundi - it has considerable frontage to the River - possesses some of the richest alluvial soil of the district - a district famed for its successful agriculture. The back land is of the first order for grazing purposes, well watered by two creeks passing through it, and commands an extensive run, suited either for cattle or sheep. Application to be made to W. H. Warland, Esq., Harben Vale, Murrurundi; or at the office of Mr. G. B. White, Surveyor, Maitland. If this property is not disposed of before the 1st of December next, the land will be sub-divided into lots for sale, particulars of which will appear in a future advertisement.

January 1856 - Warland and niece's husband Alfred Hayles building a Steam Flour Mill

The Maitland Mercury and Hunter River General Advertiser of 2 January 1856 carried the following advertisement:

To Builders and Others. Tenders are required (during the month of December) for the Erection of a RUBBLE STONE BUILDING for a Steam Flour Mill, at Blandford, Page's River, 36 x 24, inside measurement; also, for making 50,000 BRICKS. Plans and specifications to be seen on application to WARLAND & HAYLES, Harben Vale, Dec. 17, 1855.

January 1856 - Anglican church opens at Murrurundi

Warland was said to have actively supported the establishment of an Anglican Church in the Blandford/Murrurundi area. According to one source, Warland gave three allotments in Blandford village for the first timber dwelling which was used for religious instruction and education in the village. However, he did not (as believed before July 2016) donate the land for St. Luke's church, the small church which was built in 1880s in the then private village of Button Town (references to which town, on the Page's River, may be found as far back as 1853) and now has the address of 90 Salisbury Street Blandford. St Luke's Blandford was built on four lots of 3.43 acres: Lot 17 (on which the Sunday School was built) was originally owned by M.E. Norvill. Lot 18 (on which the church was built) was originally owned by C.M. Greer. Lot 19 was originally owned by V.E. Buckley and lot 20 was originally owned by the estate of J.R. and R. White. (see for confirmation that lots 17 - 20 are where St Luke's is located)

According to the Journal of the RHS:

An Anglican church was opened on January 27, 1856; it was a wooden building. The Rev. Child, of Scone, performed service every lour weeks after a ride of twenty-five miles. The building was not quite complete. Mr Warland gave a piece of land to help the church. The population of Murrurundi in 1856 was 88, and the town had thirteen houses.

March 1856 - Warland and niece's husband seek a brickmaker

The Maitland Mercury and Hunter River General Advertiser of 29 March 1856 and again on 10 April 1856 carried the following advertisement:

Notice: Wanted immediately, a BRICKMAKER to make and burn 50,000 Bricks. Good brick earth and water on the ground. Apply to WARLAND and HAYLES, Blandford, via Murrurundi'

August to December 1856 - Warland and Hayles sell the Steam Flour Mill and other land

The Maitland Mercury and Hunter River General Advertiser of 23 August 1856 carried the following notice. Note the reference to White, the Surveyor - see below for further information:

To Capitalists and Others. TO BE SOLD immediately, by private contract, the STONE BUILDING, now in the oourse of erection for a Steam Flour Mill, at Blandford, Page's River. The walls of the building and the bssement of the chimney will be completed in a few days. Also, a ten-horse power, high pressure, STEAM ENGINE, with smutting and dressing machines, and everything complete for a Steam Flour Mill, manufactured by P. N. Russell and Co., Sydney. The whole of the machinery and mill work have arrived. The building for the mill stands on 2 acres, 2 roods, and 18 perches of land, and is situated near the great northern road. There are also 25 acres of rich alluvial land, with river frontage, adjoining the mill, and which will be sold with it. The valley of the Page is a thriving and increasing agricultural district, and large tracts of land have been cleared and put into wheat this season. The purchase of this property is a desirable investment for capital, and will when in working order insure a fortune in a few years. The TP brand of splendid mixed CATTLE, about 120 head, will be sold a decided bargain. Apply to WM. WARLAND & HAYLES. Blandford, near Murrurundi.

The Maitland Mercury and Hunter River General Advertiser of 13 December 1856 carried the following notice.

Dodds and CO have received instructions from W.H. Warland Esq to sell by auction, at the Northumberland Hotel, West Maitland, at Twelve o'clock on Monday the 15th December 1856, all that Valuable ESTATE, on the Page River, well known as WARLAND's LOWER FARM. Comprises upwards of two thousand five hundred acres, which, with the pre-emptive right, is capable of depasturing 6,000 sheep in average seasons. It is most abundantly watered, and fifteen hundred acres of which is not surpassed, as first-rate wheat growing land, by any part of the Northern Districts.

The situation and excellence of the soil for all farming and agricultural purposes points it out as eminently suitable as a Homestead. Within one mile and a half distance is in course of erection an extensive Steam Flour Mill, which when complete will offer incalculable advantages to all the agriculturalists of the neighbourhood, and especially to the fortunate owner of this splendid property, which only awaits the hand of industry to yield a princely fortune, ther ebeing a capital sale for any quantity of flour, nearly the whole supply at present having to be consigned up on the drays from Maitland. Terms - One third cash, residue by instalments over five years. The above property wil be open to an offer by private contract, until the end of November.

1857 - Warland a Justice of the Peace

The Government Gazette of 1 July 1857 (page 1357) noted that Warland was appointed Justice of the Peace and thereafter was an active local magistrate. (see also Murrurundi Petty Sessions Records).

1857 - Warland heads back to the UK

Late in 1857, Warland and his wife Susannah returned to the U.K. leaving his nephew and niece’s husband in charge. (Source: McLellan).

1858 - Warland visits Sydney, stays at the Royal Hotel, returns

George Boyle White, a navigator who arrived in Sydney Cove in 1826, learned the skills of a land surveyor in the Colonial Secretary's office. He was appointed assistant surveyor in the Surveyor General's Department and spent most of his time in the Hunter Valley region, including where Warland was living. According to his diary of 1858 (source George Boyle White Diary 1858), he appears to have been quite close to Warland and his wife and sympathised with his situation. His diary provides clues as to the reason why Warland quit the land. In the diary Warland is often referred to simply as 'W.H.W.'.

For example, on 24 April 1858, White noted that he took an affidavit on the value of Warland's land before Mr Wise, the Barrister. He noted 'Poor W.H.W. (Warland) has been sorely cheated so much for being fond of law - supped with him and Young Spark (not further identified) - then went to Newtown (suburb of Sydney).' He also noted that he 'must get away from the Royal' as he was spending too much money there. A few days later he noted that the Royal was beyond his means. On 29 April 1858 he said he met 'Harban Vale' (that is, Warland) at the Royal and noted that 'th poor old man seems to be in low spirits and well he may be for the lawyers are fleecing him'.

White had dinner with Warland on Saturday 8 May 1858. On Tuesday 11 May he met Warland regarding his mortgage deed for £1500. He noted 'It is right enough but there is no necessity for Mrs W’s name in the instrument. Called on Mr Wise the barrister and gave evidence as to Warland’s land.' He had dinner again with Warland also Henry Dangar and others on Saturday 15 May 1858.

On 19 May 1958 White met Warland stating 'he has had a his lawyers account - it makes a large hole in £1000'. He then notes that Warland disappears for a period of time and is hard to find. But on Thursday 3 June 1858 he found Warland at the Royal Hotel, noting that he was 'in trouble again - a lawyer's letter from M.U.N. (not identified) has put him in the fidgets'. White advised Warland to ignore it. A few days later, on a cold and wet Saturday, he met Warland again for coffee.

On 9 June 1858, White had a chat with Warland about a survey that would cost £125 to £150. He met Warland several time again in the following fortnight. On Friday 18 June he went with Warland to the Survey Office to find out the number of allotments he has purchased at the Page (Pages River)(22). He noted that 'He is off for the Hunter to night and it is time he was. Left the Assembly to see him and Mrs W. off.'

White travelled to Newcastle via the steamer William on 20 June 1858 and then went on to Maitland by railway and was taken by dog cart to Mullen. On the Monday, White dropped in to see Warland and found he was unwell and the medics had been called for. He added 'had some talk with Warland and a German or two relative to the capabilities and rental of Habarn (Harben Vale) - the old gentleman has been very ill all day and the medics think seriously of it.' Before leaving back for Maitland the next day, Tuesday 22 June 1858, he stated that Warland was very ill but still hoped to be in Singleton on the Thursday (which White doubted).

Aside from reference to correspondence to Warland in October 1858, White appears to have had no further contact with Warland for the rest of the year, even on a visit to the area in November 1858. There is no reference in his diaries in 1859 to Warland or to W.H.W.

1858 to 1861 - Developments at Murrurundi

According to the Journal of the RHS:

In 1858 houses were scarce and tradesmen wishing to settle could not procure one, so it was decided to build more cottages. A contract was let for a stone church for the Roman Catholics, and a residence for the Anglican clergyman was also to be built in 1858. The Roman Catholic church was dedicated on February 19, 1860, by Archbishop Folding.

A new hospital was begun in 1860, and the first pile of a bridge over the Page River was driven in October. It was reported in 1861 that the Benevolent Society had erected the hospital structure, which was not furnished at that period.^^^ The bridge referred to above was opened in September, 1861, and named the 'Arnold Bridge'.

Meetings were held in 1861 to consider the establishment of a Mechanics' Institute.

1859 - William advertises his farm, and dies unexpectedly

Possibly due to illness or older age making farm life more difficult, Warland advertised the Harben Vale property in the Maitland Mercury of 17 November 1859. However, on 11 December 1859, he died suddenly at the Royal Hotel in George St, Sydney. According a brief note in the Armidale Express and New England General Advertiser of 24 December 1859, 'after Mr Warland had been a short time in the hotel he felt very ill, and requested a hansom to be sent for. On taking a chair he suddenly dropped his cane, and fell back, gasping. Dr Ballamy speedily arrived, but Mr Warland was already dead.'

The notice of his death in the Sydney Morning Herald read 'WARLAND - December 11th, suddenly, in Sydney, in the 65th year of his age, William Henry Warland, Esq., J.P. of Harbon Vale, Murrurundi. The deceased was a native of Dorsetshire, England, and one of the first settlers on the Page River, in this colony.' His death certificate stated that he had died from 'water on the chest'. He was buried the following day at Camperdown Cemetery. (Note, Warland's grave almost certainly no longer exists, the land having been reclaimed as a park).

1859 - Alfred Hayles of Rocky River warns the public not to purchase property given by Warland - 1859

The Maitland Mercury and Hunter River General Advertiser of Saturday 17 December 1859 carried two notices, the first referring to the second:

CAUTION. The public are hereby cautioned not to PURCHASE without my sanction the undermentioned ALLOTMENT OF LAND, on which I have a Building in the course of erection for a Steam Flour Mill. The following is a true copy of a document I hold in my possession. ALFRED W. HAYLES. Rocky River. December 10, 1859.

True Copy. Harben Vale Sept. 17, 1855. This is to certify that I have this day given to William Warland and Alfred William Hayles, as a free gift forever, for the purpose of erecting a Steam Flour Mill on the same, all that piece of land, being a suburban allotment, situation in the township of Blandford, near Harben Valle, No. 31, containing by admeasurement 2 acres, 2 roods 18 perches, bounded on the north by Debenham-street, and on the west by Mill-street. (Signed) W.H. Warland. Witness - W. Warland, A.W. Hayles.

1860 - William Warland's Probate and will

The New South Wales Government Gazette dated 20 January 1860 included a notice under the heading 'ECCLESIASTICAL JURISDICTION', that stated: In the Will of William Henry Warland, late of Harden [sic] Vale, Page's River, in the Colony of New South Wales, Esquire, deceased. Notice is hereby given, that after the expriation [sic] of fourteen days from the publication of this notice, application will be made to the Honorable the Supreme Court, of New South Wales, in its Ecclesiastical Jurisdiction, that probate of the last Will and Testament of the above-named deceased, with the Codicil thereto, may be garanted [sic] to Susannah Warland, the widow of the said deceased, and the Executrix in the said Will named. - Dated this 19th day of January, A.D. 1860.'

Warland's niece Emma and husband Alfred Hayles appear to have moved to Uralla/Rocky River by March 1860 (and possibly before 1855). The Empire (Sydney) ran an article on 13 March 1860 stating that their young daughter Clara Ann Hayles, died aged 14 month 'suddently of brain fever'. In February 1863 Emma gave birth to a son in the same location. In November 1863, Alfred was recorded in Uralla as the Agent for the Maitland Mercury.

On 28 March 1860, Warland’s wife Susannah was referred to as the executrix of the Will and Codicil (No 4637/1). It is assumed that the husband of Warland's niece Emma, Alfred Hayles, and his nephew William Warland helped Susannah after the death of Warland; his younger brother Edward Warland was living not far away in the Scone area but he does not appear to have had any children. Other siblings and their children were living in South Australia at the time.

April 1860 - Riot at Maitland - Susannah Warland injured

The Clarence and Richmond Examiner and New England Advertiser of Tuesday 17 April 1860 ran an article titled 'The Riot at Maitland', from the Empire newspaper on 3 April the same year. The article makes reference to Susannah Warland.

We have been informed by a gentleman, who was in Maitland at the time of the riot on Thursday night, that the affair was a much more serious one than the account, in a local journal - the Mercury - represents it. The violence and excitement of the mob were extreme; and it is really extraordinary that no lives were lost. Several persons escaped almost miraculously. Mr. Pierce, the miller, who had rendered himself particularly obnoxious to the rioters by having consented to take the chair on the occasion, had a very narrow escape, and is probably indebted for the preservation of his life to the courageous interference of Mr. Dee, who being a Roman Catholic had much more influence with the mob than any person not of that persuasion could have had. He deserves all praise for the way in which he exerted himself to prevent injury to Mr. Pierce. Mrs. Warland, (widow of the late W. H. Warland, Esq.,) who was stopping at Mr. Davidson's hotel, received a very severe wound in the head from one of the stones thrown through the window of the room in which she had taken refuge.

(Middle of article omitted, refers to the cause of the rioting, an 'inflammatory speech' given by Rev Dean Lynch on the 'Heathenism of Popery to his Free Church congregation, which upset the Catholics of the area)

Detached parties, either about this time or subsequently (for the accounts vary), broke some windows in Mr. J. Scoble's house, in Mr. Heugh's house, Mr. Davidson's hotel, in Mr. Alderson's, and in Mr. Pearce's. A few stones were also thrown at the windows in other houses. At Mr. Davidson's a lady, Mrs. Warland, was unhappily struck on the head by a large bone, which came through the window. On enquiring yesterday, we were happy to find that all the injured persons were doing well. Mr. Donald McIntyre, the only one seriously hurt (and his head was a complete mass of bruises and wounds when he escaped from his assailants), being reported as progressing well'.

1861 - Mr White enters into possesson of Harben Vale

The land was sold in 1861 to Frederick Robert White for £7,433-4-0. He is said to have 'at once' set about disposing of Cape Sheep and all other 'foreigners'.

November 1862 - Supreme Court Case - McGivney v Warland

Various newspapers ran the following article on the above court case on Saturday 22 November 1862.

The trial of this case, which commenced on Monday, and had occupied the whole of that and of the three following days, was now resumed aod concluded. It was an action by John McGivney against Susannah Warland, widow and executrix of the late William Henry Warland of Harben Vale, Murrurundi, to recover certain sums said to have been paid by plaintiff to Warland in August 1847, on account of a purchase of land which Warland had never conveyed to him. Plaintiff claimed £1220, and interest thereon. The defence was a total denial that any such pavments had ever been made. Mr. Broadhurst, Q.C., and Mr. Faucett appeared for the plaintiff and Sir William Manning, Q.C., Mr. Martin, Q.C., and Mr. Stephen for the defendant. According to plaintiff this payment had been made on the 26th of August, 1857, and consisted of the following items :- cash, £200 ; promissory note for £120 retired at Maitland on the 15th of March, 1858 ; promissory note for £300 also retired at Maitland on the 15th of March, 1858; promissory note for £120 retired at Blandford, near Murrurundi, on the 5th of June, 1858 ; promissory note for £350 retired et Murrurundi on the 2nd of August, 1859. Total, £1220. This money and these bills were said to have been given for the purchase of 93 1/2 acres of land, part of the Harben Vale Estate.

The plaintiff swore positively to having made the purchase, paid the money, and handed over the bills to Warland at his (plaintiff's) own plaoe at Blanford, on the day in question, when, as he declared, a document, of which the following is a copy, was drawn up and signed by Warland : - Harben Vale, 26th August, 1857. I have this day sold to Mr. John McGiveny, that portion of land adjoining his former purchase, in the bend of the creek, containing 93 1/4 acres, at £12 per acre, and have this day received £200 in part payment of the same. W. H. Warland. Two witnesses named Burrowes and McBride declared that they were present, at McGivney's place, when the purchase was made, the money paid, and the above document signed, McGivney further declared that he paid all the notes in due course as alleged, but that in Marah 1858, fearing he should not be able to do so, he obtained an allowance of two more years for that purpose, conditional upon his paying 20 per cent interest. Nevertheless, he did not really need this time, but paid each bill on the days already stated, each payment being made to Warland himself. Secrecy was observed, it was stated, at Warland's own request. He did not, it was alleged, wish it to be known to any that be had sold this land, and received this money, and had even made especial mention of his wish to keep the matter from his wife. The transaction remained open, although, according to the plaintiff, instructions had been given by Warland for the preparation of a conveyance. Warland died on the llth December, 1859.

After his death, Mrs Warland was proceeding to sell the residue of the Harben Vale Estate, when McGlvney, for tge first time, made his claim. It was at first treated as an absurdity, but being pressed, waa examined into by the attorney of Mrs. Warland, Mr. Chambers, and a friend, Mr. White. To these gentlemen was exhibited the dooument already quoted, as also another document, of which the following is a copy:- 'Harben Vale, March 17th. 185B. I promise to allow Mr. McGivney two years to pay for the ninety three and a half acres ** 93 acres 1/2 ** perches by Mr McGivney ** allowing 20 per cent. W. H. Warland.' Where asterisks have boen placed in the above copy there were obliterations by the action of fire in the original, which was pasted on to another piece of paper. According to plaintiff's statement be was taking it off a file to see whether it might not be of service, when it was blown into the fire. It was only rescued with difficulty and in a slightly burnt condition. McGivney had made (as he himself, indeed, admitted) many purchases of allotments of the Harben Vale Estate, and the conclusion arrived at was that the document alluded to had referenee to a purchase of 3 1/2 acres, which McGivney had made, and had been altered to suit his present claim had in fact, been forged. That claim having been consequently disregarded, and the land disposed of, the present action was commenced. McGivney's evidence was positive, and that of his two witnesses, Burrowes and McBride, equally so. On the other hand it was alleged that the introduction of these two witnesses was an afterthought, at variance with M cGivney's first assertion that the transaction was known but to himself and to Warland.

A good deal of evidence was gone into to show that McGivney's olaim was rebutted by the whole course of events. That Warland could scarcely have had such transactions without the knowledge of his wife, or of any one else; that no trace of it had over been found otherwise than in the evidence adduoed by M'Givney; that Warland was not in the place where McGivney said he had paid the bills at the times of such payments; that from the nature of the property such a purchase of 93 1/2 acres - as was here described, was in the highest degree improbable, although the sale note, if taken as one for 3 1/2 acres, would quite fit a purchase usually made by McGivney; that in the sale note the figure 9 must have been inserted before the 3, the 0 after the £20, and the document otherwise altered, to meet the plaintiff's case. The burns on the face of the other document were, it was contended, made wilfully and for a similar purpose. The promissory notes and other documents were alleged to have been tampered with in like manner. The notes, it was contended, must have been some given for other purchases, altered to make them present evidence. Skilled evidence (by Mr. Green, of the Bank of New South Wales), based upon examination with a powerful magnifier was adduced in support of this assertion. It was further shown that McGivney was formerly chief constable at Murrurundi, and had been convicted of having taken a bribe and let a prisoner escape, but according to his acoount he had simply allowed the prisoner to see his friends on the former leaving a deposit of £50, which, when the prisoner came back, as he did, was returned to him; and it was proved that McGivney had borne a high character in the army and in the old mounted polioe. The character of McBride, who had been a constable, was also impeached.

A great many collateral circumstances were gone into on either side as illustrative of the question of probabilities. His Honor pointed out that this was either a plain claim plainly established most or one of the abominable frauds ever attempted in a court of justice. The plaintiff might, in the opinion of the jury, be entitled to succeed upon the direct and positive testimony of himself and his witnesses, but his success would be in the teeth of a mass of improbabilities; for every circumstance in the case, as well as the general character of the documents, were against him. His Honor then proceeded to analyse the evidence, pointing out to the jury that it was their duty to devote their closest attention to sifting out the truth, giving due weight to the positive testimony, but looking with equal care at all the rebutting circumstances and improbabilities. The jury, after about fifteen minutes' consideration, found a verdict for the defendant. His Honor committed the witness McBride to take his trial for perjury. Plaintiff, and the witness Burrowes, had left. Had Burrowes been tbere, his Honor stated he would have been committed both for perjury and forgery. As it was, the papers would be sent to the Attorney-General, for it would be a disgrace to the country if such a matter could rest there.

This was not the end of the case however. On the 4th and 5th of March 1863, in the Maitland Circuit Court, John McGivney was indicted for having forged 'a certain acquittance of receipt with intention to defraud'. Susannah Warland gave evidence at this trial. McGivney was found guilty and sentenced to 10 years hard labour on the roads.

1864 - Gooby vs Warland

This was not the end of court cases. Some time after the death, Elizabeth Gooby, Warland’s younger sister, instituted a case in the High Court in the UK (Warland vs Gooby 1864, W., No 161), possibly in an attempt to gain control of some of the proceedings of the sale of the properties.

1864 to 1867 - Developments at Murrurundi

According to the Journal of the RHS:

A branch of the Australian Joint Stock Bank was opened in temporary premises in 1864. In the following year a bank building was erected. By 1866 the population had increased to 322 persons. A news item in 1867 said 'It may be truly said that this town has gone ahead in the last four years'. Murrurundi then had four churches, a Mechanics' Institute, a gaol, court house, hospital, four hotels and eight stores. A private settlement, the village of Haydonton, had been established across the Page River, in which stood the Roman Catholic church referred to above as well as other buildings.

1865/1866 - The Hayles back in London

The Sydney Morning Herald ran a notice on 23 January 1865 stating that the wife of Alfred W Hayles, of 2, Sydney Place, Onslow Square, London, gave birth to a daughter. On 23 July 1866, the same newspaper ran an article stating that Mrs Alfred William Hales, of Uralla Villa, Edith Grove, West Brompton, London, gave birth to a 'posthumous daughter' on 27 March 1866.

1871 and 1881 UK census - Susannah Warland back in England

Susannah Warland appears to vanish from Australian records at this point. It is believed she returned to England. A Susannah Warland, aged 65, appears in the 1871 census in Hampshire, and again (aged 75 and born in 1806) at Poole, Dorset in the 1881 census. This was probably the same Susannah Warland, who had returned to her birthplace, quite possibly with the Hayles. Susannah died in 1888.

1870 to 1873 - Developments at Murrurundi

According to the Journal of the RHS:

Like most country towns of the time, Murrurundi had its mill, owned in 1870 by A. Brodie, and another storekeeper. J. L. Tebbutt also had a mill. Private houses in that year were said to be few, and chiefly built of wood. The Anglican church was described as 'a rickety old wooden erection likely to give way to a brick or stone church ere long'. The Methodist church was a wooden building also. The foundation stone of a new stone Anglican church called St Paul's was laid on April 24, 1873. The building was opened in July, 1874, and a School of Arts was completed in the same year.

After 1860 - What happened to Warland's nephew William Warland?

Sometime after 1860, William Warland left the Blandford area and headed to Queensland. He stopped at Ipswich where he established a farm and married Mary Ann Carter (1834 - 1878). They had three children (Melinda, Frederick and Arthur). For further information on William and family, click on this page.

From 1889 - Ongoing issues with William's will

In June 1889, advertisements appeared in the South Australian newspapers asking people claiming to be the brothers and sisters of the deceased, or their descendants, and in need of pecuniary aid, to present themselves to the Chambers of Mr Justice Stirling at the Royal Courts of Justice, Strand, London, or to make application thereto.

A deed in 1890 referred to Emma A. Elmes, Edwin Elmes presumed to be Emma’s second husband, and possibly a relative of her sister), T.J. Burroughs (not further identified), and William Henry Warland. Another conveyance after the reference to E.A. and Edwin Elmes refers to Thomas John Burroughs, and the Reverand John Henry Cram. The exact meaning of this deed is not known.

On 8 June 1891, court hearings about this matter referred to Albert Warland, of Port Darwin Camp (NT), a miner; Robert Frederick Warland, of Balhannah, a gardener; George Warland of Harben Vale, near Balhannah, a farmer; James Warland of Echunga, a farmer; and Ellen, Warland’s niece. All the men listed were nephews of Warland, who died without any children.

A profile of William Warland

According to Harold McKenzie, writing in the Maitland Mercury on 4 January 1896 (after his death):

Mr Warland was conspicuous as the owner of Harben Vale. He was what might be termed an ordinary, peaceful, country squire, living and letting live.

Again on 18 January 1896, McKenzie wrote:

One of the first grants to settlers in this district was the property known as Harben Vale, (now) owned by Mr Fred White. The range close by, known as Warland’s Range, took the name from that gentleman who was the first to establish himself at Harben Vale, and who showed some enterprise in the pursuit of sheep breeding. This gentleman went himself to the Cape and brought back a consignment of his Hunter River flocks. ‘Why the Cape?’ is a natural question for anyone to ask, when we can breed a superior stamp of animal in the colonies.

From what we can learn of the South African sheep, they are neither remarkable for blood nor beauty, and numbers of the flocks are decimated with the terrible scourge – scab. The only reason assignable for Mr Warland’s pilgrimage was to secure a cheaper lot of studs than he could possibly have bought at the same price here in the early days. The Cape sheep, however, have never set the Thames on fire, and it would be rather a difficult matter to find anyone now importing rams from the Transvaal.

Warland's legacy

Warland’s name lives on in many respects, through Warland Creek and the Warland ranges, near his Harben Vale property (see the Warland places page for photos and maps). He also has a street named after him in the Canberra suburb of Charnwood, and a road in the Corfe Mullen area of County Dorset, U.K. The original homestead built at Harben Vale was demolished by Fred White, and a much grander house built nearby. The property is still known as Harben Vale.

Page originally created 1985, last updated 29 May 2020. Copyright Andrew Warland.