Samuel Alfred Blackman [23495] ²

   FamilySearch ID: L8MK-JBF.

  Medical Notes:

Obituary- Mudgee Paper 10th December 1896

"Another old identity passed away yesterday morning, in the person of Mr. SA .Blackman, late of Cooyal. Deceased was born in Sydney (Windsor) but resided on his well known setate at Cooyal, and time back was very successful breeder of racehorses, many of which have taken honours both on the turf and in the show ring. he had been ailing for a long while, and some time he left under treatment of Dr. Lester, suffering from cancer of the liver, to which disease he succumbed yesterday. He was 66 years of age, and leaves a widow, 4 sons and 2 daughters. Mr Blackman was well known throughout the colony, and as widely respected as known. In him we have lost one of our most esteemed fellow townsmen. "Generous to Fault" is the opinion entertained of him by those who knew him best. The funeral took place this afternoon, and was largely attended. The remains were interred in the C.E. portion of the general cemetery, the Rev Archdeacon Campbell conducting the service at the grave. Mr. F. Jones was the undertaker."
Samuel Alfred Blackman of Cooyal, Mudgee, bred many great horses, including Waxy, Sting and Herford Boy who was sold for 2000 Guineas, but broke down before the Melbourne Cup. Samuel had a son named Sydney Herbert b. 27th January 1868 at Red Bank Mudgee.
Sydney had a station at Coonabarabran and was very well known in the Central West for his racing interests. In his younger days Sydney was recognized with his younger brothers Alfred and Sonny, as one of the best amateur riders in the Central West, and used to ride for Mr.Hugh McMaster at the Picnic Races.
He owned Noreen and she won the Sydney Cup.
⁵

  Christening Notes:

Windsor, St Matthew's Church of England.

  Noted events in his life were:

• Newspaper: The Sydney Morning Herald, 1859 Jun 21, Sydney, Cumberland County, New South Wales. Advertising. (1859, June 21). The Sydney Morning Herald (NSW : 1842-1954), p. 2. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article13026583>
In the Supreme Court of New South Wales.
Ecclesiastical Jurisdiction.
In the will of MICHAEL LAHY, of Numby, in the colony of New South Wales, grazier, deceased.
NOTICE is hereby given, that after fourteen days from the publication hereof, application will be made to the Supreme Court of New South Wales In Its ecclesiastical jurisdiction, that probate of the will and codicil of the said MICHAEL LAHY be granted to MICHAEL LAHY, WILLIAM RICHARD BLACKMAN, SAMUEL ALFRED BLACKMAN, and CALLAGHAN M'CAR- THY, the Executors therein named.
Dated this 14th day of June, 1859.
TEMPLETON and JONES, 123, King-street, Sydney, Proctors for the said Executors

• Donation: Donated £1 for Mudgee Hospital, 1861, Mudgee, Wellington County, New South Wales. ⁶

• Newspaper: The Sydney Morning Herald, 1864 Aug 26, Sydney, Cumberland County, New South Wales. BANCO COURT. (1864, August 26). The Sydney Morning Herald (NSW : 1842-1954), p. 5. Retrieved November 5, 2010, from <http://nla.gov.au/nla.news-article13101427>

Banco Court
Before Mr. Justice Wise and a jury of four.
BLACKMAN AND ANOTHER V MYLBCHARANE,
The trial of this case, which had already lasted two days, was resumed and concluded.
It was an action for trespass upon a run in the district of Bligh, called Gungalma, alleged to be in the the lawful oc- cupation of the plaintiffs-Messrs. William Richard Black- man and Samuel Alfred Blackman. There were various pleas, but the substantial defence was that the lands claimed by the plaintiffs as part of their run were held as separate runs, under license from the Government, by the defendant and a Mr. John Ford. Damages were laid at £1000. Sub- stantial damages, however, were not claimed, the sole object of the suit, it was asserted, being to try the question of
right.
Sir William Manning, Q C, and Mr. Salomons appeared for the plaintiffs, and Mr. Darvall, Q. C, and Mr. Butler
for the defendant.
The action differed from ordinary squatting suits in that the question at issue was not one of disputed boundary, but involved the right of the defendant and of his partner (who was not made a party to this suit) to the whole of the two runs in question. As they held these runs under the ordi- nary tenure of squattage from the Crown-amounting to a promise of a lease-points were also raised as to the power of the Crown to make such a promise. There was no ques- tion as to priority of occupation. The plaintiffs' father had been in occupation as far back as twenty-five years of all the country now claimed on both sides. Morris, the person through whom the defendant claimed, did not come into possession until many years afterwards. But the facts were peculiar. Blackman called his run Gungalma. He claimed to include all the country in question under that title, and paid licence fees, &c. But the descriptions then given were very vague. There was abundant evidence that Blackman's cattle ran all over the country thereabouts, including net only the station to which plaintiffs' right was admitted, and those now held by the defendant and his partner, but another station held by one Aarons. As to this last-named station an action had also been brought, which has yet to be tried. But though at the time Black- man's cattle roamed all over this country, there were no competitors, and it was contended that the whole of the land now claimed was not taken up in the legal sense, but only a part of it ; or that, if it had been so taken up, there had afterwards been an abandonment of it. Evidence was gone into to sustain the latter assumption, but the acts relied upon were those of a servant, and the plaintiffs' ratification was not shown. It was proved how- ever, that in a statement made by the elder Blackman, in 1848, when describing this run to the Government, it was said to include but 16,000 acres, whereas the land now claimed had an area of 60,000 acres. There were other discrepancies between that description and the present claim. The payments to the Government had been in accordance with the smaller estimate of area, not that now claimed, and it was contended that the plaintiffs were bound by the description in question. On the other hand it was contended that this was a more error-that as Blackman occupied the whole of the country by the name of Gungalma, the fact of his misdescribing its area would not destroy his title, and that plaintiffs had been always ready to pay up such arrears as the Government might fairly claim. The Crown lands' officers regarded the plain- tiffs' station, as claimed by them, as more extensive than necessary, and cut out of three stations now under litigation. Those for which the defendant and his partner held licenses, and which were the subject matter of the present action, were called West Gangalma and East Gangalma. The estimated area of the former was 16,000 acres, and that of the latter 14,000 acres. Both had a frontage to Nedgara Creek, a branch of the Castlereagh River, and described as a fine sheet of water. The plaintiffs' run was admitted to go from the opposite side of this creek to the Moulma Creek, another branch of the Castlereagh. This run, it was averred, would contain more than the 16,000 acres claimed in 1848. But the plaintiffs claimed to cross the Nedgara Creek and to take In the 30,000 acres of East and West Gungalma. It had already been held by the Supreme Court that the promise of a lease by the Government was, under the Crown Lands Act, equivalent for the purpose of such actions as the present to a lease. In this case, how- ever, there were conflicting promises, The defendant put in a mass of documentary evidence to show that he and his partner and their predecessors held these stations under the Crown In the ordinary way, and had paid all necessary fees. On the other band, the plaintiffs relied apon their previous holding of the whole, with a license as for Gun gslma, as creating a pre-existing promise from the Crown which applied to the whole. On the part of the plaintiffs it was contended, first, that certain proceedings of the Go- vernment in connection with the promise to the defendants bad been contrary to the Constitution Act ; secondly, that under the regulations themselves the defendant's tender for the lands was not legally receivable, inasmuch as there had been no forfeiture or abandonment of the lands tendered for. It was understood that these points were to be argued before the full Court.
The jury having been ably addressed by Mr. Butler for the defendant, and Sir William Manning having replied,
His Honor gave an elaborate exposition of the legal prin- ciples by which questions of possessory right were deter- minable, and, for the purpose of affording a basis for the argument of the other questions of law involved in this case, be asked the jury to find specially upon the facts.
The jury found, first, that there had been no abandon- ment by the plaintiffs. Secondly, that there had been a contract with the Crown by defendant and his prede- cessors for the occupation of this land ; and, that there had been a prior promise to the plaintiffs. Thirdly, that the plaintiffs were in licensed occupation of the land in question when the promise was made to defendant. Fourthly, that there had been renewal of this contract.
Damages were assessed at forty shillings.
A verdict for that amount was thereupon entered for plaintiffs for the above amount, with leave for defendants to move the full Court to set aside, or otherwise, as he might be advised.

• Newspaper: The Sydney Morning Herald, 1869 Sep 18, Sydney, Cumberland County, New South Wales. THE GOVERNMENT GAZETTE. (1869, September 18). The Sydney Morning Herald (NSW : 1842-1954), p. 7. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article13183374>

THE GOVERNMENT GAZETTE.
THE following notification appear in yesterday's Govern- ment Gazette:
…
The undermentioned gentlemen have been appointed addi-tional members of the Public School Boards in connection with the Public Schools established at the places specified, viz. :- … Pipe- clay Creek-Mr. Samuel Alfred Blackman.

• Newspaper: The Sydney Morning Herald, 1870 Feb 10, Sydney, Cumberland County, New South Wales. Advertising. (1870, February 10). The Sydney Morning Herald (NSW : 1842-1954), p. 1. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article13200297>

Advertising. (1870, March 4). The Sydney Morning Herald (NSW : 1842-1954), p. 1. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article13201485>
IN THE ESTATE OF JAMES HALL, Deceased.
Pursuant to the Trust Property Act of 1862, all creditors and others having claims against the estate of James Hall, late of Urawilkie, in the district of Bligh and colony of New South Wales, grazier, who died on or about the 27th day of November, 1869, and probate of whose will was, on the 21st day of January last, granted by the Supreme Court of New South Wales, in its Eccle- siastical Jurisdiction, to WILLIAM RICHARD BLACK- MAN, of Mudgee, in the said colony, Esquire, and SAMUEL ALFRED BLACKMAN, of Cooyal, near Mudgee aforesaid, Esquire, the Executors therein named, are hereby required to send in particulars of such claims to the said Executors, or to the undersigned, on or before the 9th day of March next, after which date the said William Richard Blackman and Samuel Alfred Blackman will proceed to distribute the assets of the said James Hall, deceased, having regard only to the claims of which they shall then have notice.
Dated the ninth day of February, A.D. 1870.
WILLIAM TEALE, 137, King-street, Sydney, Agent for J. D. BRODRIBB, Mudgee, Proctor for the said Executors.

• Newspaper: The Sydney Morning Herald, 1870 Sep 22, Sydney, Cumberland County, New South Wales. LEGISLATIVE ASSEMBLY. (1870, September 22). The Sydney Morning Herald (NSW : 1842-1954), p. 2. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article28418336>
THE EUROKA RUN.
Mr. BUCHANAN asked tho Colonial Treasurer,-" 1. "Will the Colonial Treasurer give the parallel case referred to in his answer respecting the Euroka Run, on - the 6th instant? j 2. Will there be any objection to lay on the table of this House the whole of the correspondence and memo- randa respecting the reappraisement of Euroka, and the refund of £1200, and the receipt for the money ?"
Mr. SAMUEL said that the parallel case referred to was a refund of rents made on the runs Pier Pier, Gun- galma, Gidgingbilla, and Bullarora, amounting in all to £500. The two former runs were hold by Mr. Samuel Alfred Blackman, the two latter by the Australian Joint Stock Bank.

• Newspaper: The Sydney Morning Herald, 1872 Sep 11, Sydney, Cumberland County, New South Wales. GOVERNMENT GAZETTE. (1872, September 11). The Sydney Morning Herald (NSW : 1842-1954), p. 5. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article28413497>
GOVERNMENT GAZETTE.
THE following notices appear in the Government Gazette
published yesterday :
COMMISSION OF THE PEACE.-His Excellency the Governor, with the advice of the Executive Council, has been pleased to appoint the undermentioned gentlemen to be Magistrates of the colony, viz. :-… Samuel Alfred Blackman, Mudgee;

• Newspaper: he Maitland Mercury & Hunter River General Advertiser, 1872 Sep 17, Sydney, Cumberland County, New South Wales. ² LOCAL NEWS. (1872, September 17). The Maitland Mercury & Hunter River General Advertiser (NSW : 1843-1893), p. 3. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article18766870>

NEW MAGISTRATES.-The Gazette of Tuesday notifies the appointment of thirty-seven new magis- trates. The following are the names that belong to our district -Samuel Alfred Blackman Mudgee,

• Newspaper: The Sydney Morning Herald, 1874 Feb 23, Sydney, Cumberland County, New South Wales. ² ADMINISTRATION OF JUSTICE AT GULGONG. (1874, February 23). The Sydney Morning Herald (NSW : 1842-1954), p. 3. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article13332048>
ADMINISTRATION OF JUSTICE AT
GULGONG.
COURT OF INQUIRY. (From the Gulgong Evening Argus, February 19.)
WEDNESDAY, FEBRUARY 18,1874.
BEFORE Mr. J. M. Marsh and Mr. E. Fosbery, Com- missioners.
This Court was opened at the Court-house at 3 p.m. The attendance was not very numerous, because it was not generally known at what hour proceedings were to be commenced. After a slight delay, waiting the arrival of Dr. Belinfante, who is retained by the petitioners for the investigation, Mr. Marsh stated that it was the desire of the Commission to give every person, both for and against the prayer of the petition, an opportunity to be heard, but the Court had not as yet decided as to the exact method of proceeding. There were two methods suggested. One was to arrange so that each witness could appear and make his statement without fear or intimidation of the friends of those against whom he might testify. The other was to open the door for the admission of all, and call upon witnesses to give their evidence openly, so that the whole community might know the gist of the charges and the evidence intro- duced in support of them. He would therefore like to ascertain the sense of the public in this respect. Mr. Fos- bery coincided in all that had been said by his colleague, and assured the public that neither himself nor Mr. Marsh had any other desire than to arrive at the truth.
…
It was suggested that Mr. Blackman, who resides at some distance, and wished to return home, should be the first witness, particularly as Dr. Belinfante stated his wit- nesses were not in attendance, having departed under an impression that the case was not coming on so soon.
No oaths are administered by the Commissioners. Samuel Alfred Blackman stated : I am a grazier and Justice of the Peace ; I attend and sit upon the Bench both at Gulgong, and Mudgee ; I am about as often at one place as the other ; I have often sat with the Police Magis- trate and Messrs. Tebbutt, Rouse, and others at Gulgong ; I have never observed any ill-feeling between the gen- tlemen who occupy the Bench at Gulgong ; I have never known any cases of miscarriage of justice on account of the decisions of the Bench ; I have heard particular members of the Bench spoken of in a disparaging manner ; Mr. Tebbutt is one of these ; it was principally in regard to mining cases ; I have heard men say frequently that he, Mr. Tebbutt, was partial ; I have heard them say he was partial and under the influence of Mr. Clarke, who prac- tises law in the Court ; I know of no case personally where Mr. Tebbutt, or any other member of the Bench, has been partial ; I have often assisted Mr. Tebbutt in the adjudica- tion of cases in which decisions I agreed ; I consider him a fair and impartial magistrate ; when I heard the reports about his unfairness I gave no credence to them ; I never had any objection to sit on the Bench with him, I never knew of his passing unreasonable or vindic- tive sentences on criminal cases ; I do not think that a Clerk of Petty Sessions should be a magistrate ; I have seen Mr. Donaldson on the Bench with the Police Magis- trate when I was sitting often ; I have never witnessed any ill-feeling between the Police Magistrate and Mr. Donaldson ; I am aware that gentlemen who are not attorneys and barristers have practised law in the Courts ; I never objected to it ; I am not aware that there is no per- sonal intercourse between Mr. Browne, the P.M., and Mr. Donaldson, the C.P.S. ; I have known Mr. McDonld, a Justice of the Peace ; I know nothing to disqualify him from being a J.P. ; I believe Mr. Tebbutt, as a magistrate, has performed his duty without fear, favour, or affection.
…
Richard Johnson, solicitor, was the next witness called. He said : I am an attorney since 1849 ; I came to Mudgee in December, 1871 ; I practised first in Gulgong, and attended this Court regularly for about eighteen months from that time ; in December, 1871, I was conducting a case, Jones v. Davis ; it was a case under the Gold-fields Act, for trespass on a business allotment ; it was heard before Mr. Browne, the P.M., who made an order in favour of my client, directing the defendant to abate the trespass ; the defendant having disobeyed that order, proceedings were taken under the Gold-fields Act for disobedience ; it was heard before Mr. Browne and Mr. Tebbutt ; I ap- peared for complainant, putting in the order made by Mr. Browne ; it was annexed to the depositions ; I distinctly said, "I put the order in, and not the depositions;" Mr. Tebbutt commenced to read the depositions, and made a remark that he did not see how the order could have been made ; I said, "The depositions are not before you, and you have no right to read them, or to inquire whether the order was right or wrong ;" he said, "I shall read them," and he proceeded to do so ; I said, " It is contrary to your oath of office to read them ;" Mr. Tebbutt said, "we give justice here;" the result was that between Mr. Tebbutt and Mr. Browne no order was made, and my client was ruined by it. In November, 1872, I was engaged in a case of Hop- kins v. Isbester ; it was a case of illegal impounding ; Mr. Tebbutt, Mr. McDonald, and Mr. Blackman sat on the Bench ; when the evidence for the prosecution had con- cluded, and before I had time to say anything, Mr. Tebbutt said the Bench had come to the conclusion that the case was proved ; I said I was for the defendant and had not been heard ; he said the Bench had made up their minds ; they had heard the evidence ; I said I had a right to be heard for the defendant ; he said, "We have made up our minds, and there is no use wasting the time of the Court in this way ;" I said, "The defendant had a right to be heard and I am instructed ;" I could not finish my sentence, because Mr. Tebbutt said we find the defendant guilty, and fine him £10 ; there was not a tittle of evidence ; Mr. Teb- butt was the only man who spoke : I published the facts ; I complain also of the Gulgong Bench allowing unqualified attorneys to practise, and the clerks of two attorneys being allowed to practise, which my clerk was not allowed ; one is the clerk of Mr. Dunn, to whom I never would have objected ; the other was Mr. Spring, who was said to be the clerk of Mr. Davidson ; in April, 1873, I moved my office from Gulgong ; I gave instructions to advertise the fact twice in the Guardian, as the proprietor owed me money ; Mr. Tebbutt called on my clerk and asked for the advertisement, but he could not give it ; he said that Mr. Tebbutt told him it would be more than £20 out of Mr. Johnson's pocket ; immediately afterwards, when he applied to be allowed to appear in a case in this Court, Mr. Tebbutt would not hear him. Here Mr. Johnson read some lengthy correspondence with reference to money transactions, Mr. Johnson repudiating the amount of seve- ral claims for advertising. The witness accused Mr. Teb- butt of partiality to the clerks of Mr. Dunn and Mr. David- son, and ill-treatment of his clerk ; and said also that there was a maladministration of justice by Mr. Tebbutt.

• Newspaper: The Sydney Morning Herald, 1878 Sep 7, Sydney, Cumberland County, New South Wales. ² Government Notices. (1878, September 7). The Sydney Morning Herald (NSW : 1842-1954), p. 10. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article13425240>
Government
Notices.
NOTICE UNDER REAL PROPERTY ACT. -APPLICATION having been made to bring the land hereunde described under the provisions of the Real Property Act, Ceitificate of Indefeasible Title will issue unless Caveats be lodged in
Form B of the said act on or before the date hereunder notified
Property
No 4058 Town of Mudgee, 10 acres, comprising the whole of section 7 in said town.
Names of Applicants
Samuel Alfred Black-man
Residences
Cooyal, near Mudgee
Dates up to and Inclusive of which Caveat may be lodged
l878 september 12

• Newspaper: The Sydney Morning Herald, 1896 Dec 11, Sydney, Cumberland County, New South Wales. ² The Sydney Morning Herald. (1896, December 11). The Sydney Morning Herald (NSW : 1842-1954), p. 4. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article14079291>
Mr Samuel Alfred Blackman, J.P., one of the earliest residents of Mudgee, having arrived there before the town was surveyed, died on Wednes- day.

• Newspaper: The Sydney Morning Herald, 1896 Dec 11, Sydney, Cumberland County, New South Wales. ² COUNTRY NEWS. (FROM OUR CORRESPONDENTS.) DEATH OF MR. S. A. BLACKMAN, J.P. (1896, December 11). The Sydney Morning Herald (NSW : 1842-1954), p. 5. Retrieved November 3, 2010, from <http://nla.gov.au/nla.news-article14079272>
COUNTRY NEWS.
(FROM OUR CORRESPONDENTS.)
DEATH OF MR. S. A. BLACKMAN, J.P.
MUDGEE, Thursday.
Mr. Samuel Alfred Blackman, J.P., one of the earliest residents, arriving before the town was sur- veyed from his birthplace on the Hawkesbury, died last evening at the ago of 66. The deceased was well known throughout the colony as the owner of Cooyal station, where he carried on extensively the breeding of thoroughbreds, including Waxy, Sting, Hereford Bay, and other noted performers. He also followed sheep-breeding both at Cooyal and on Talbragar, and was prominently associated with racing clubs in this district. The deceased had been ailing for several months from an internal complaint. He leaves a widow and a family. The funeral to-day was attended by a very large concourse of town and district residents, the deceased being held in general esteem.

• Registration: Death, 1896, Mudgee District, New South Wales. 14330/1896 BLACKMAN SAMUEL A WILLIAM SARAH MUDGEE

Samuel married Charlotte Smith [1384] [MRIN: 330], daughter of Joseph Smith [1385] and Mary Hannabus [1386], on 1853 Aug 24 in Pitt Town, Cumberland County, New South Wales.¹ (Charlotte Smith [1384] was born in 1830 in Pitt Town, Cumberland County, New South Wales,⁷ died on 1898 Nov 10 in Mudgee, Wellington County, New South Wales ⁸ and was buried on 1898 Nov 19 in Mudgee, Wellington County, New South Wales ⁵.)

  Marriage Notes:

Pitt Town, St James.