William Lowther

Police Constable and Gentleman

In 1861 the area was surveyed and in 1872 land grants for the main town area were put up for sale by the government, and so the beginnings of Yamba as a town and ‘seaside resort’ began. The National Library of Australia has a map from 1968, it shows the original town allotments for both Francis Freeburn and the original white purchaser of the land where the cottage on 3 River Street still stands in 2023. He was W. Lowther on the map and was in fact William Lowther a police constable in Grafton at the time and later a gentleman owning some significant land in Sydney.

It has been difficult to trace William Lowther, he was a settler from England but he was not married nor did he have any children registered. There is, however, a clue contained in his Will amongst his Probate papers held in the NSW State Archives. He had five sisters; Mary, Elizabeth, Octavia, Jane and Ann of ‘Brighton in England’.¹

The key to finding the Lowther sisters is within the name ‘Octavia’, unusual enough amongst the other names, along with the surname, to give a breadcrumb to follow. When looking for clues it is always good to find an unusual name, list of names, town, or circumstances that provide a link. In going back through the records there is the family of Thomas Nicholas Lowther, a clock case maker and Mary Lowther nee Bedford who lived in Clerkenwell in London, England.

There were five daughters with the same names as in William’s sisters in his Will along with records of his birth in 1815, and the fact he was still alive in 1835 when he was baptised. Thomas Nicholas and Mary have baptismal records for eleven children, amongst which is their fifth child William. Other records can be found for the marriages of the the brothers, their occupations and residences. This is a summary.

1. Thomas  b: 3 Sep 1806 – Clock Case Maker m: Mary Ann Browning (died) and Augusta Cowley d: unknown
2. Mary  b: 16 Oct 1807 – Unmarried d: 2 Jan 1901Brighton
3. Elizabeth Solby  b: 27 May 1810 – Unmarried: 17 Apr 1901Brighton
4. George Lockwood  b: 14 Feb 1812 d 1867 m: Jane Harrison d: 1867 Brighton
5. Charles  b: 15 Jan 1814 – Tailor d: 11 Nov 1886 Islington
6. William   b: 22 Nov 1815 [Unmarried – Police Constable d: 1882 aged 67yrs]
7. Frederick   b: 13 Nov 1817 – Unmarried – Hosier/Suit Fitter/Tailor/Draper d: 29 Sep 1882 Fulham
8. Octavia b: 8 Aug 1819 – Unmarried d: 17 Oct 1907 Ramsgate
9. Jane  b: 8 May 1822 – Unmarried d: Mar 1908 Hailsham
10. Ann  b: 14 Jun 1824 – Unmarried d: Sep 1903 Thanet
11. Edward  b: 15 May 1926 – Solicitor m: Matilda Elizabeth Holmes d: unknown

When Mary and Elizabeth Solby Lowther died their address was 26 Stanford Road, Brighton, George Lockwood Lowther was also in Brighton. Excerpts of the baptismal records for the children including for William are below.

There appear to be no records for William Lowther except the baptism which occurred in 1835 when William would have been 20 years of age, so we know he did not die younger. It seemed the Lowther’s baptised their children as a group and as adults.

The original town Lot Title for the three sections of land in Yamba states the purchaser is ‘William Lowther of Grafton in Our said Colony Constable’.²

There are several immigrants listed as ‘Lowther’ but no given name, he could have been one of these. The first record that can be found for William Lowther in Australia is when he joined the Police force in 1862, he would have been 47 years of age. He was appointed to work in Bundarra, Glen Innes, and Grafton and several newspaper articles can be found about his work as a Police Constable, some of which are below.

YAMBA PROPERTY

In 1872 William Lowther purchased the three allotments of land in Yamba, being a single man with a job it appeared he was able to afford the purchases with no records of indentures or mortgages. The records for the land grants can be found in the NSW Land Titles – References to Grants; Volume 149 Folio 40, 41 and 42.³

The particular reference for Section 10 which contains the allotments on the corner of River and Coldstream Streets is the one that contains the land of 3 River Street, is Volume 149 Folio 42. William Lowther paid £4 for Allotment 10 Section 10 of two Roods which is approx a half an acre or 2023 sq meters which is in line with the Government advertisement for the land sale of £8 per acre.

In 1873 Constable Lowther was discharged with a gratuity, there doesn’t appear to be any records of why this happened but he would have by this stage been 58 years of age.

After he left the Police force, William is next found in Tingha, just outside Inverell, where he took up a license at the Commercial Hotel, Cope’s Creek, Tingha. He also had a tin mine close by. In June 1875 an incident happened at the Hotel where the son of his housekeeper was killed after being badly scalded. She was a widower and her name was Mrs Stagg and her son, was Willy Stagg.

William Lowther did not remain in Inverell. There are some shipping records for 1880 and 1881 indicating that a William Lowther aged 65 years went to London on the ship ‘Durham’ leaving Sydney on 19 April. Returning to Sydney on the ‘Potosi’ on 11 May 1881 he was recorded as William Lowther aged 65 years born abt 1816. His Will was recorded in Sydney on 15 April 1880 so it is possible that he went back to England to finalise his affairs.

In 1882 William Lowther, Gentleman, passed away in Petersham, Sydney, and is buried in Rookwood Cemetery, Sydney.

A transcript of William Lowther’s Will reads;

‘THIS IS THE LATE WILL AND TESTAMENT of me William Lowther, of Berry Street, Saint Leonards North Shore near Sydney in the Colony of the New South Wales Esquire. I direct payment by my Executor hereinafter named of all my just legal debts funeral and testamentary expenses and subject thereto I give and bequeath unto Alfred Turner of 3 St James’ Road Victoria Park London in that part of Great Britain called England his heirs executors administrators and assignees. All my real and personal Estate whatsoever and wheresoever situate of which I may die seized possessed of of or otherwise well entitled to which I now have or which at the time of my decease I shall have or over which I have a shall have at the time of my decease any dispersing power To hold the said real and personal Estate appurtenances with the said Alfred Turner his heirs executors administrators and assigns accruing to the nature and quality thereof provided he shall survive me, but in the event of the death of the said Alfred Turner before me then I give and bequeath all my said real and personal Estate whatsoever and wheresoever unto my five Sisters Mary Lowther – Elizabeth Lowther – Octavia Lowther – Jane Lowther and Ann Lowther of Brighton in England aforesaid and the survivors and survivor of their equally share and share alike for their own sole and separate use independently of the debts control interference and engagements of any husbands with whom they or she may hereafter intermarry And that the receipts of any or either of them my said Sisters shall be valid and suffixal discharges I appoint the said Alfred Turner to be the Executor and Trustee of this my Will I revoke all other Wills and declare this to be my last Will and Testament.
Whereof I have hereunto set my hand this fifteenth day of April in the year of our Lord one thousand eight hundred and eighty.
Signed by the said Testator as and for his last Will and Testament in the presence of us all present at the same time, who at his request, in his presence and in the presence of each other have hereunto subscribed owe names as witnesses Wm Lowther
Thomas Read, Solicitor Sydney – Lewis Levy, Astd Clerk to Thomas Read, Solicitor Sydney’⁴

Within the Probate records and the records for the sale of his property for his Estate we find that William Lowther was probably quite an astute man who made good business and financial decisions. His Estate’s value in property and assets reported by the Solicitor and Executor, Thomas Read reported that he had £4000 to distribute. Below is the record of the administration of his Estate by Thomas Read, an advertisement for the sale of shares to the value of £500 and a series of suburban and country properties, many in prime positions and included the three allotments in Yamba.

William Lowther’s Will declares that he leaves his Estate to ‘Albert Tucker of 3 St James’ Road Victoria Park London‘ who was also to be his sole Executor and Legatee unless he pre-deceases him then it is to go to his five sisters. However the Crown Grant in Yamba was transferred in an ‘Application by transmission No. 2182‘ with a Certificate of Title transferred to five ‘Dutfield’ brothers; Henry Thomas, George, Thomas, Albert, and Arthur. The brothers were all living in England, many of them working as their father did, as ‘carmen’. Carmen were employed as delivery drivers or couriers, it is interesting that in the 1861 Census, the Dutfield’s business was being run by Catherine E Dutfield (widow), they had their own car yard in Whitechapel and employed up to 21 labourers. There appears to be no obvious connection between William Lowther and the Dutfield brothers. Contact with a descendent had no knowledge of any connection to either William Lowther, Australia, or their inheritance, but the five Dutfield brothers did inherit his Estate.

So this part of the story of the land at Yamba tells us not just about William Lowther but also about the beginnings of the township. An English settler working and making a new life in a new land. Many who came worked hard and failed but William Lowther succeeded, at least on paper, and rose to a position of ‘Gentleman’. There were many more who bought land in Yamba, many whose names appear again and again on committees and government but William Lowther was one of the first. William died on 8 August 1882, he was buried the day after on 9 August. He is alone in Rookwood Cemetery in Sydney and no transcription is recorded for his headstone.

William Henry Alderson

References

1. _{NRS-13660-3-[17/2013]-Series 3_8288 William Lowther Date of death 10 October 1882, Granted on 9 May 1883}
2. _{NSW Land Historical Titles Reference Volume 149 Folio 41}
3. _{NRS-13660-3-[17/2013]-Series 3_8288 William Lowther Date of death 10 October 1882, Granted on 9 May 1883}
4. _{Certificate of Title Volume 149 Folio 40, 41 and 42 New South Wales Land Registry Services (NSW LRS)}