Monday, October 27, 2014

Captain Edward Goldsmith and the diving apparatus 1855

When lending your stuff to a neighbour ends up in court ...



Diving suit and apparatus, Maritime Museum of Tasmania
Photos © KLW NFC 2014 ARR
Siebe Gorman advertisement 

January 1855
Captain Goldsmith's diving apparatus arrived at the port of Hobart, Tasmania, on the Earl of Chester from London on 5th January 1855.



Source: Shipping Intelligence. (1855, January 6). Colonial Times (Hobart, Tas. : 1828 - 1857), p. 2. Retrieved February 25, 2014, from https://nla.gov.au/nla.news-article8778717

TRANSCRIPT (excerpt)
PORT OF HOBART TOWN.
ARRIVALS.
5. - Earl of Chester, barque, 517 tons Moncollis, from London September 13, with general cargo. Passengers-Mr. Jeffreys, Mr. Mrs and Miss Sealy and one child, and 18 emigrants Agents, Crosby, & Co
IMPORTS.
Per Earl of Chester, from London-Two whale boats. Mrs Seal ; 11 cases merchandise, 19 casks do 48 cases do, 17 bales do, 4 pairs bellows, 2 handles, 17 rough shares, 4 weighing machínes, 12 copper furnaces. 12 vices. 6 pkgs gig shafts, 100 elm stocks, 600 ash felloes, l8 planks, 79 iron pots, 42 camp ovens and covers, 4 anvils, 49 tons coals, 30 tons pig iron, G. & T. Dugard, 30 hhds beer, 50 casks bottled do, 15 hhds brandy, 19 do rum, 1 box samples. 5 cases fruits. &c , 3 pkgs agricultural implements, 1 hhd cider, 50 boxes sperm candles, William Knight ; 100 cases port wine, 100 do sherry, 90 do brandy, 100 casks ale, 1do porter, 181 cases merchandise, 1 trunk do, 9 casks do, 7 bundles do, 20 hhds rum, 10 do brandy, 5 do gin, 100 firkins butter 24 pockets hops, Nathan, Moses & Co. ....
etc etc ... Brown and Co. ; 50 cases bottled beer, 60 do, do, F. A. Downing; 4 boxes merchandise R. S. Nicholson ; 3 pkgs. a diving -apparatus. Edward Goldsmith ; etc 
Although not stated specifically that the diving apparatus which arrived was from the Siebe Gorman Co. it was new when  Captain Goldsmith lent it to Mr. F. A. Downing. These advertisements and company background note are courtesy of the website The Vintage Showroom:


Founded by Augustus Siebe and his son in law Gorman, Siebe Gorman and Co. were a British company that developed diving and breathing equipment designed for commercial diving and marine salvage projects. The Augustus Siebe helmet gained a reputation for safety during its use on the wreck of the Royal George in 1840. The combination of safety and design features became the standard for helmet construction throughout the world, some of which were incorporated into the design of modern-day space suits.


Source:https://www.thevintageshowroom.com/blog/?p=8839

The Neighbours at Lower Davey St. 1855



Frankland's Map of Hobart 1854 (TAHO Collections)

By mid-1855, Captain Edward Goldsmith, his son Edward and wife Elizabeth were preparing their final departure from Hobart in February 1856. Their household goods were put up for auction at their house at 19 Davey St. Hobart (The Courier 9 August 1855) . Notable among their neighbours gazetted in 1854 and 1855 were the photographer Douglas T. Kilburn, brother of the photographer to Queen Victoria, William Edward Kilburn (1818-1891), and ship owner, salvage operator and general merchant Frederick. A. Downing.



The Hobart Town Gazette 1854.Photos © KLW NFC 2014 ARR
Thanks to Michael Sprod, Astrolabe Books Salamanca Place Hobart


Neighbours of Captain Goldsmith at lower Davey Street, Hobart:
Landlords 1854 from No. 20 to beginning of lower Davey Street.
Smith (house), Peter Oldham (house), Kilburne [sic] (house, empty), Capt. Goldsmith (house)
Lieutenant Nunn (house), Wilson's estate (Wilson's Brewery),  R. Pitcairn (house),  J. James (office and cellar), R. Walker (house and store), F.A. Downing (store)



The Hobart Town Gazette 1855.Photos © KLW NFC 2014 ARR
Thanks to Michael Sprod, Astrolabe Books Salamanca Place Hobart


Neighbours of Captain Goldsmith at lower Davey Street, Hobart:
Reverse list of Landlords 1855 from the beginning of lower Davey Street to 22 or 23 Davey
Frederick A. Downing (store), Peter Nichol (office), John Ferguson (house), George Moore (office), Robert Pitcairn (house), John Leslie Stewart (house and brewery), William Bayles (house), Edward Goldsmith (house), Douglas T. Kilburn (house), Frances Gill (house)

June 1855
The loss of the Catherine Sharer was reported widely in the press, including later reports of arrests and criminal charges and rumours the vessel was carrying 900 gold watches.
DESTRUCTION OF THE CATHERINE SHARER.
This vessel was blown up by the explosion of a quantity of gun- powder, a part of her cargo, in D'Entrecasteaux's Channel early on Thursday morning. In consequence of the unfavourable weather, nothing was known of the occurrence here till yesterday morning The Catherine Sharer, a barque of about 500 tons, Captain Thomas, left London for this port on the 13th February, with passengers and a general cargo. She reached Port Esperance on the  6th instant, and let go her anchors off that port for the night. Between eleven and twelve o'clock the alarm was given that the barque was on fire, which was the fact, and every exertion was of course made to subdue it, but these were, after a time, found to be utterly useless. The boats were then lowered, the passengers and crew embarked and got safely on shore. There were nine tons of gunpowder on board, and just about four in the morning the upper parts of the barque, with the masts and most of the cargo, were hurled In every direction by the force of explosion of the powder which the fire had then reached. One portion of tho mast, weighing two cwt, was thrown into the bush, and fell half a mile from the water's edge, so terrific was the explosion. What of the Catherine Sharer is now left rides "a wreck upon the waters " The mail was saved. It was torn open by the force of the explosion, and was picked up two miles from where the vessel dropped anchor. The passengers were brought up here yesterday morning by the schooner Annie, in a  destitute and most deplorable state. They were instantly housed at the Immigration Depot, where they now are. They are deprived by the explosion of such goods as they had on board, and from the necessity of hastily leaving the burning vessel they had no time to gather even the necessary articles of apparel. There is one of the seamen in custody on suspicion of having set fire to the vessel. The captain and remainder of the crew are endeavouring to save such goods as the fire spared. A special messenger was sent to Francis Burgess, Esq , the chief police magistrate, who reached here yesterday morning. Mr. Burgess immediately took  the necessary steps to inform the authorities to secure such of the lading as was capable of being recovered. The chief constable at once despatched a portion of the water police, who still remain there. The Mimosa steamer was despatched by Kerr, Bogle, and Co , this morning early, to render assistance. Mr Symons sent Sergeant Pittman and four constables by her. The Governor has also despatched H M. sloop-of-war Fantome to the scene. A great number of the packages and cases distributed by the explosion are marked " R. L " and are supposed to have been consignments to   Mr R. Lewis, of this town, to whom many letters were found addressed. The passengers, cabin, were Mr Louis Abraham, Mrs. Bradley and child. In the steerage were Mr. and Mrs Sparrow, Mr and Mrs Phillips and two children, Mr. and Mrs Finnin and two children, Mr. and Mrs Somerville and two children, Mr and Mrs Shaw and six children, Mr. and Mrs Powell, Mr Hinds, and Miss M. A Rothwell. The ship's papers are not yet in the hands of the agents, but further information will be obtained on the return of the Mimosa, which steamer is expected to-night.- H T Connel, June 11th.
With reference to the catastrophe which happened to the Catherine Sharer, on the coast of Van Diemen's Land, the Tasmanian Daily News remarks: -There are two points to which we  feel bound to call the especial and earnest attention of our readers. "We have been given to understand, in the first place, that the Catherine Sharer contained nine tons of gunpowder and forty tons of lucifer matches, we have been further informed that these were secretly conveyed on board after she had cleared at the  Customs, in fact, that her anchoring at Puilset where the shipment was made, was a mere ruse. We cannot indeed vouch for the correctness of this statement, as we are not certain that our authority is one on which we can entirely rely, if, however, we are rightly advised, we must say that the most serious blame attaches to those who, from whatever motive, could have permitted even for a moment, the juxtaposition of such dangerous materials. It is difficult indeed to conceive how any could be so reckless and regardless, of their own danger as to allow such inflammable goods to be placed side by side, and apparently without any adequate provision against accident, in the same vessel. The lives of the crew and passengers, almost all of them probably ignorant till too late of the nature of the cargo, have thus been jeopardised in the most culpable manner, and on every account we trust that the Government will order that a strict investigation into the whole matter be at once held, and that, if it be proved that heedless carelessness has been committed, a representation to that effect be made to the home authorities.
 Source: DESTRUCTION OF THE CATHERINE SHARER. (1855, June 21). The Sydney Morning Herald (NSW : 1842 - 1954), p. 4. Retrieved February 25, 2014, from https://nla.gov.au/nla.news-article12970737

Catherine Sharer sold to F. A. Downing



Sale of the wreck Catherine Sharer to Downing
Launceston Examiner 28 June 1855
COMMERCIAL INTELLIGENCE.
Mr. Guesdon sold on Monday 400 sheep, ex City of Hobart, at 26s. 6d. per head. 'Ihe wreck of the Catherine Sharer was sold yesterday, by Messrs. W. Ivey and Co. to F. A. Downing. Esq., for the sum of £300. Two elegant cottages at Battery Point were submitted to public competition by Messrs. Worley and Frodsham, and bought in at £1850. - Courier.
Source: COMMERCIAL INTELLIGENCE. (1855, June 28). Launceston Examiner (Tas. : 1842 - 1899), p. 2 Edition: AFTERNOON. Retrieved February 25, 2014, from https://nla.gov.au/nla.news-article36293191



Anchor of the Catherine Sharer, Narryna Museum, Battery Point, Tasmania
Photos © KLW NFC 2014 ARR
Katharine Sharer. (Katherine Shearer, Katherine Sharer, Catherine Shearer). Wooden barque, 512/440 tons. Built at Sunderland, UK,1850; reg. London, 612/1854. Lbd 120 x 25.5 x 19.4 ft. Captain Thorne. From London to Hobart Town, anchored for the night off Port Esperance, almost within sight of her destination. on 6 June 1855. About midnight she was found to be on fire, forcing passengers and crew to abandon her before the flames reached her cargo which included about nine tons of gunpowder. At 4 a.m. on the 7th the fire reached the gunpowder, and the ship blew up. Her upper-works were totally destroyed, a piece of mast weighing two-hundredweight coming down in the bush half a mile from the water, and the hull sank in nine fathoms of water. The schooner Annie picked up the passengers, many in their night attire only, and took them to Hobart, along with a crewman who had been arrested on suspicion of arson. Later the paddle steamer Mimosa picked up the rest of the crew and some salvage. Nothing appears to have been proved about the alleged arson. A diver employed to locate the wreck drowned in doing so, September 1858. Consequently, the wreck itself remained more or less undisturbed until 1929, when it was rediscovered by Marine Board diver Joseph Hodson. [TS1],[ASW6],[LAH]
Source: https://oceans1.customer.netspace.net.au/tas-main.html
From:  AN ATLAS HISTORY OF AUSTRALIAN SHIPWRECKS. J.K. Loney. A.H. & A.W.Reed Pty Ltd, 1891. Hardcover, just jacket, 120 pages, index, bibliography. Mono prints and basic charts.

In Court December 1855
Mr. F. A. Downing borrowed Captain Goldsmith's new diving apparatus and related items for conversion to salvage the wreck of the Catherine Sharer, but did not return them. Captain Goldsmith took his complaint to the Supreme Court for the value of the machinery etc.



THE TRIAL and VERDICT
This was Captain Goldsmith's statement on being cross-examined, reported in The Colonial Times on December 18th, 1855:
Cross-examined-The agreement was, that if the government should not require the apparatus, Mr. Downing might keep it for three months, and if he had delivered it up at the end of three months, I should have said nothing  about it. I demanded the apparatus in person in two or three days , after the three months had expired, and I made an offer to him at the same time to sell him the apparatus at the London price, with interest of the money,  I think £180. He declined to purchase at that price, and in a very abrupt way too. He said he would send me back the apparatus immediately. An application was afterwards made for it by Mr. Worley, the auctioneer, as my agent. I had offered it for sale to the government, at the cost price, with interest of money added to it. I can't tell what the cost price was. The government declined to purchase.
Re examined-The price I was willing to take at the end of the three months was less than the amount I now claim. I find the value is higher. I value it at £220, and should be glad to take it back again at that price.
Mr,, Miller here said be was willing to give it up at that sum.
Captain Goldsmith would take it if delivered up immediately.
It was then arranged that the apparatus should be returned within a week, Mr. Downing undertaking to send a boat for it at once, and the case proceeded with respect to the rent.
Witness (in reply to the Attorney-General) said he could not say what was a fair sum per month for the hire of the apparatus. The apparatus had been advertised for sale by Mr Worley, in expectation of its being returned, but he was disappointed.
Mr. Miller addressed the jury on the question of damage.
His Honor in charging the jury, told them they would have to give a verdict in the first place for £22 9s. 10d., the value of the articles admitted, then for £220 the agreed sum for the apparatus, on condition that it be not returned within a week.
As to the amount to be given for the detention, they would give £75 for the first two months. It would be for the jury to say what was a fair amount for the other four months.


TRANSCRIPT
HOBART TOWN. Two civil cases were tried in the Supreme Court on Monday before the Chief Justice. The first was Goldsmith v. Downing, for the conversion of certain diving apparatus, &c. lent to Mr. Downing to enable him to recover property from the wrecked Catherine Sharer, and which the defendant had appropriated; £220 claimed for the value of the apparatus, £22 9s. 10d. for certain other articles; and a sum for the use of the apparatus to the present time. Verdict for plaintiff.
Source: HOBART TOWN. (1855, December 20). Launceston Examiner (Tas. : 1842 - 1899), p. 2 Edition: AFTERNOON. Retrieved February 25, 2014, from https://nla.gov.au/nla.news-article36295572



TRANSCRIPT
SUPREME COURT.-MONDAY
CIVIL SITTINGS.
Before His Honor the Chief Justice, & the usual Juries of Twelve
ASSESSMENT.-GOLDSMITH V. DOWNING.
This was an action brought by Captain Goldsmith, against Mr. F. A. Downing for the conversion of a Diving Apparatus, lent to the defendant to enable him to recover property from the wreck of the Catherine Sharer, at Port Esperance, and which he had appropriated to his own use: the plaintiff claimed £212 10s 9d, as the value of the apparatus, and a sum for its use to the present time,
Captain Goldsmith deposed to the value of the machinery, and to the amount claimed for its use, namely £479 10s 9d : an agreement for hire was, also, proved, for £75 for two months.
The Jury assessed the amount claimed at £392 9s 10d.
Source: SUPREME COURT.—MONDAY. (1855, December 19). The Hobarton Mercury (Tas. : 1854 - 1857), p. 2. Retrieved February 25, 2014, from https://nla.gov.au/nla.news-article3337194



Maritime Museum of Tasmania
Porcelain jar from the barque Katherine Sharer with coloured scene of Pegwell Bay, Cornwall which would have contained potted shrimp, made by Pratt & Co.1850s. Photos © KLW NFC 2014 ARR





Maritime Museum of Tasmania
Photos © KLW NFC 2014 ARR

View more items from the Katherine Sharer at the Maritime Museum of Tasmania

ADDITIONAL REPORTS etc



Source: MUNICIPAL COUNCIL. (1855, December 18). Colonial Times (Hobart, Tas. : 1828 - 1857), p. 3. Retrieved February 25, 2014, from https://nla.gov.au/nla.news-article8782223

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Photos © KLW NFC 2014 ARR


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