Walter Butler (c.1807-1870)- the life of a 'currency' lad born in the colony of NSW: Walter Butler- Ch. 23: Butler's Insolvency 1868

1868-1869:

The Archives Office of Tasmania has a series of documents in Cases of Solvency, one of which involves Walter Butler. [i] This Case indicates that Walter appeared before the two Commissioners of Insolvent Estates on the 22 January. The case appears to have been resolved on the same date. The documents contain the Insolvency Case list of costs only, however, the listed items do give us a clue as to the nature of the case. Although heard on the 22^nd January, the solicitor was given “Instructions to declare insolvency” in December 1868, for 30 creditors. He also charged for “Drawing order of Discharge” and “attending for appointment to tax”. It would therefore seem to indicate that Walter resolved the insolvency issue on the 22^nd January, at the expense of his Hotel business and his home Newbury House.

The following reports in the newspaper outline the sequence of events in the Insolvency Court.

Ship Hotel

(State Library of Tasmania)

The Mercury Wed 16 December 1868 p4

Monday 28^th December

Important to Capitalists, Hotel Keepers, Limited Liability Companies, and Others.

The Goodwill and Unexpired Lease of the SHIP HOTEL, Hobart Town.

Walton and Bealey

Are favoured with instructions by John Milward Esq., Official Assignee in the estate of Mr Walter Butler, to sell by public auction, on the premises, on Monday the 28^th December at 11 o’clock

The GOODWILL and UNEXPIRED LEASE of the above well-known and old established Commercial and Family Hotel.

The auctioneers would also remark that taking into consideration the highly progressive movements of the day, such as a Railway Policy, the laying of the Submarine Cable, Inter-colonial Free Trade &c. supported by the healthy position this colony holds in the London money market, under able management, the future success of the Ship Hotel may be considered more of a certainty than a speculation.

Add to these all but established facts, the long felt want of enlarged hotel accommodation, the certain increase in the influx of visitors, consequent upon the irresistible attractions of perfection in climate and grandeur in scenery, and to men of spirit and enterprise the whole offers an opportunity for investment of a very rare occurrence.

Preliminary Notice- Dec 18^th and 29^th

Unreserved Sale of HOUSEHOLD FURNITURE, BILLIARD TABLE ( By Messrs Thurston and Co. London), SILVER AND SILVER-PLATED GOODS, HOTEL FITTINGS &c.

The whole of the Very Superior and Substantial Household Furniture &c full particulars of which will appear in future advertisements. Catalogue will be issued.

The Insolvency case was reported in the newspaper The Mercury on Thursday 24 December 1868 page 3.

In the case Walter reveals much information about his investments and income since arriving from Port Phillip:

LAW INTELLIGENCE.

SUPREME COURT

INSOLVENCY JURISDICTION

Wednesday 23^rd December 1868.

Before His Honor Sir V. Fleming, Knight, Chief Justice.

In re WALTER BUTLER.

This was a first meeting for proof of debt.

Mr Graves, for insolvent, put in the usual affidavits of notice to creditors.

The following debts were proved:-

Huybers and Wilkins, ₤242. 18s 3d. on a bill of exchange and for goods (Allport, Roberts, and Allport.)

Eady Brothers, ₤55. 7s 3d. for goods sold and delivered, as per account (Crisp and Gill.)

J. Walch and Sons, ₤5. 12s 1d. on a Court of Requests judgement (Crisp and Gill)

Susan Goody, ₤4. 3s. 4d. for servant’s wages (J. W. Graves.)

Louisa Butler, ₤20, for wages due as servant of insolvent, from 1^st June to 1^st December.

In answer to His Honor, the insolvent said the claimant was his daughter.

His Honor expressed a doubt as to whether he could fairly admit this claim. It would be a dangerous precedent. He presumed Miss Butler was merely living with her father as her natural protector.

Insolvent, in answer to His Honor, said he had made no contract with his daughter, but she had been in charge of his house, and he thought she was entitled to something.

Mr Graves admitted that where a daughter was living in a private house with her parents, the claim could not be sustained, but where she had been in reality the servant of the public it was a very different thing.

His Honor asked how that argument would operate where a man might have five daughters? Surely it would not be justice to the creditors to say that the five were entitled to remuneration.

Mr Graves thought it would if, as could be shown in this instance, they had done the work which otherwise could not have been done, excepting by expending the estate in paying other persons.

After argument,

His Honor said he could only admit the proof upon an affidavit to the effect that, but for Miss Butler’s services, the Insolvent would have been compelled to hire another person at the same or at a higher salary.

Mr Graves could readily put in such an affidavit, but suggested that the present examination of the Insolvent would answer the same purpose.

His Honor assented to this course, and

Mr Graves, before examining the insolvent, put in two other claims of a similar character, namely:-

Frank Butler, ₤10 for six month’s wages

Frederick Charles Butler, ₤20, also for six months’ wages.

Walter Butler, examined by Mr Graves, said: I have for some time past kept the Ship Hotel. It is a large establishment, with 25 rooms, furnished for the accommodation of guests. I have employed two servants besides my own family. I have had a man cook, and the woman Goody. Miss Butler had charge of the whole house, and managed it. I am a widower. Frederick was barman and storekeeper, and kept the books. Frank was billiard marker. The services of each of them were necessary. I could not have gone on without them, or others in their places. I consider ₤40 a year reasonable for Miss Butler’s services. I should have had to pay a stranger more.

To His Honor: When I first took the house seven years ago my wife managed the house. Miss Butler undertook the management when my wife took ill. I have never in fact, paid any wages to my daughter.

₤20 a year is a reasonable sum for a year’s service of a billiard marker. The services of my son caused the table to produce something to my estate. I could not have got a person to keep my books and to work as my son Frederick worked for ₤10 a year. I consider that a reasonable claim.

Insolvent was cross-examined by Mr Allport.

His Honor deferred making any order in reference to these claims until next meeting.

William Moffatt, Sydney, ₤58 5s. Balance due on a bill of exchange (Elliston and Burbury.)

Admitted.

Mr Allport now asked permission to examine the insolvent.

Insolvent, examined by Mr Allport, said:

I have been in the Ship Hotel for seven years in January. There was never a considerable quantity of plate in my house. I have borrowed plate when I have had a party, and I have had a little in my house. I have borrowed some plate from Mr Webb when I have had parties: also from Mrs J.A. Thomson. She resides in Collins-street. I have been dealing with Huybers and Wilkins for ten years. I was dealing with them when living private. I had a conversation with Mr Huybers some months ago about an overdue bill. I can’t recollect the precise conversation. I thought I had enough furniture in the house to pay every one. It cost me ₤1025 cash, and I have since supplemented it. I gave Messrs. Anson ₤1025 cash for it, which I borrowed from the Bank of Van Diemen’s Land. They discounted my bills. Those bills have all been taken up long ago. From that time to the present I have been indebted to the bank. I think I have been free. I am sure I have. I have never been indebted in any large amount since. In conversation with Mr Huybers I told him my furniture was enough to pay every one. I took him over the house to let him judge for himself. This occurred only upon one occasion. I did not show Mr Huybers a chest, and say it contained plate that cost me upwards of ₤1000. I never did say so, nor did I say that it was enough to pay all my creditors. I have no recollection of telling Mr Huybers that I had plate. I told him it was impossible for me to carry on, expenses were so heavy. Plate I had none to show him. Mr Huybers recently in talking to me has referred to such a conversation as if it had taken place. That was when he called upon me about the overdue bill. That was the only conversation I had with him. I took him through the house. Plate was never mentioned between me and Mr Huybers before that bill fell due. I never said the plate belonged to my late wife, and not to me. I remarked to him about two vegetable dishes which were given to my daughter by Mr Brentuin of Melbourne. Mr Huybers was asking me about plate, and I told him of those dishes. No articles have been removed from the Ship Inn, through the passage known as Lord’s buildings. Miss Butler removed her piano. She said it was sent to be repaired. That was two months ago. I don’t know whether it went by way of Lord’s Buildings nor whether it was removed by hand or by cart. I am not aware of any articles having been removed, other than this to, or through Lord’s Buildings. This was a piano I bought and gave to my daughter, when I first came here some 15 or 16 years ago. It has been in my house ever since I gave it to her. I swear that the piano was moved by my daughter without my knowledge and that she told me afterwards. She said she was afraid it would be sold. There were two half years rent due to Mr Giblin at the time, and he distrained on my goods. The distress was not in the house when the piano was removed. It is very likely I may have explained my fears to my daughter respecting the distraint. Repairs to the piano had always been done in the house before. I never suggested to my daughter the prudence of having the piano away before the bailiffs came. The late Mrs Butler never had any plate. I do not know of any articles having been removed lately from the Ship Inn, besides the piano.

Cross-examined by Mr Graves: I came to the colony 14 or 15 years ago, that was in 1851 or 1852. My income was ₤1050 a year, rent from property in Williamstown, Victoria. I had two schooners besides. I was in independent circumstances then. My property went down from ₤1050 to ₤250 a year rent, and then was burnt down uninsured. That occurred soon after I took a lease of the Ship Inn about five years ago. It was when in independent circumstances that I bought this place. I have had many reverses of fortune. The long illness of my wife was a great drawback to me. She was ill three years, I sold my schooners eight or then years ago. I have spent all the money I derived from my property in Williamstown, in Tasmania. I took the Ship Inn when in reduced circumstances. I gave ₤1050 for the lease of the house, for I was to keep the house in repair. The repairs have cost me ₤500. Besides that there was ₤50 a year license. The first year and part of the second, I did a very good business, but the money I took went to pay off my bills to the bank. Business has since decreased very much. That is the cause of my insolvency. Many days I have not taken 20s. in the house. My expenses were about ₤3.

To His Honor: I had five small houses in Williamstown, which I gave to my wife and children, about six years ago. They are not in my schedule. Three of them are wooden houses, built in the early days. They produce very little rent. I received ₤400 of Mrs Butler’s money from England, some years ago. These houses were given to her and her children, in consideration of that amount. There was a regular deed executed.

At this stage, Mr Graves, applied for an adjournment to the 6^th January, the same day to be appointed for hearing an application for discharge.

The meeting was adjourned accordingly.

The Launceston Examiner (Sat 19 Dec 1868 p7):

Monday 28^th December 1868

Important to Capitalists, Hotel Keepers, Limited Liability Companies, and Others

The goodwill and Unexpired Lease of the Ship Hotel, Hobart Town

Walton and Bealey are favoured with instructions by John Milward, Esq., official assignee in the estate of Mr Walter Butler, to sell by public auction, on the premises, on Monday the 28^th December at 11 o’clock,

The goodwill and unexpired lease of the above well known and old-established commercial and family hotel.

For upwards of half a century the Ship Hotel has been recognised as the leading commercial and family house in Hobart Town. The general arrangements are extensive, and such as to insure every luxury and comfort necessary for the success of a first-class business. The extensive stabling, carriage-houses, and yard accommodation, are also replete with every requisite. The Ship Hotel is admirably situated, being in the immediate vicinity of the Law Courts, the Banks, the Post-Office, the Wharf, and the leading mercantile houses. The auctioneers would also remark that taking into consideration the highly progressive movements of the day, such as a railway policy, the laying of a submarine cable, intercolonial free trade, &c., supported by the healthy position this colony holds in the London money market, under able management, the future success of the Ship Hotel may be considered more of a certainty than a speculation. Add to these all but established facts the long felt want of enlarged hotel accommodation, the certain increase in the influx of visitors consequent upon the irresistible attractions of perfection in climate and grandeur in scenery, and to men of spirit and enterprise the whole offers an opportunity for investment of a very rare occurrence.

The Mercury Thurs 7 January 1869

LAW INTELLIGENCE

SUPREME COURT

INSOLVENCY JURISDICTION

Wed January 6^th 1869

Before His Honor Sir Valentine Fleming, C.J.

Re Walter Butler

Adjourned sitting for proof of debts, and application for discharge.

Mr Graves appeared for he insolvent, and Mr W. Giblin for creditors

The following debts were proved,

George Crisp, ₤931 10s., principal and interest of a mortgage (Graves).

Robert Goblin, schoolmaster, ₤6 19w., balance of account for tuition (Giblin)

Thomas Stump ₤7 7s 7d. (Graves)

Hinsby and Calvert, ₤5 5s. 8d., goods supplied (Giblin).

In reference to the claim of Mr Crisp,

His Honor presumed that the property was to be realised.

Mr Graves replied that it was arranged with the assent of the mortgagee, that the property should be sold on Tuesday next.

Mr Graves said there was a claim by Mr. Arthur Burbury, for ₤6 1s.5d. for goods sold and delivered. He asked whether, as the proof had not been prepared, His Honor would receive it in Chambers.

His Honor declined to do so. Due notice was given of all sittings in insolvency, and if proofs were not in readiness, owing to negligence of creditors, the Court could not help that. The law provided that all proofs must be tendered to the Commissioner, which was in other words to the judge, but when he was sitting in chambers he was not doing so in the insolvency jurisdiction, but in virtue of the powers conferred by the Supreme Court Act.

After a pause,

Mr Graves said that before he applied for the insolvent’s order of discharge, there was a matter on which His Honor had reserved his decision at a previous sitting.

His Honor said he was prepared to give his decision now. At the last sitting proofs of debt had been tendered on the part of Louisa Butler, Frederick Charles Butler, and Frank Butler, claiming, as servants of the insolvent, to be dealt with as such under the 10^th section of the original Insolvency Act. When the matter was mooted he felt at once that it was not altogether devoid of difficulty, and he therefore thought it right to consider it. Whilst, on the one hand, the section in question was a humane provision by the legislature on behalf of persons engaged as servants, whose terms of service might be suddenly cut short, and by which they were placed in a special position. Still, on the other hand, it might leave an opening to considerable hardship, if not to abuses, as regarded the general body of creditors.

There followed a very long discourse on the legalities of the claims by Walter’s children under certain sections of the Insolvency Act and the interpretation of that Act, and the learned Judge’s findings on the case. He summed it up:

Although, therefore, he was of opinion that the proof could not be admitted, nor any order made under the 10^th section, he thought the claim could be received as a general debt under insolvency for a dividend, the amount being the general rate of wages. If so these children like other persons were entitled to a dividend. Mr Butler said that the services of his daughter were worth ₤40 and the Court would take that in the absence of any other evidence. The service of Master Frederick Butler as barman and bookkeeper, Mr Butler estimated at ₤25, and he stated that he could not get these confidential services performed for less, Master Frank Butler as billiard marker he put down lower, viz. at ₤20. If the assignee took these figures to guide him he could calculate the dividend accordingly. That was his (the learned Judge’s) decision.

Mr Graves then applied for the insolvent’s order of discharge, and there being no opposition,

His Honor made the order accordingly.

Auction sale of hotel contents:

The auction sale of all of the household items in the Ship Hotel was advertised in the days before the auction on the 19^th and 30^th December. The items, which were extensive, were listed in the newspaper advertisement:

The Mercury Sat 24^th December 1868 p4 (repeated 26^th etc.)

Tuesday and Wednesday 29^th and 30^th December

UNRESERVED SALE

Of HOUSEHOLD FURNITURE &C.

HOTEL FITTINGS

Together with the GOODWILL AND EXTENDED LEASE

Of the BUSINESS AND PREMISES

At a Reduced Rent

WALTON & BEALEY

Are favoured with instructions from John Milward Esq., Official Assignee in the Insolvent Estate of Mr Walter Butler, to sell by public auction, on the premises, the Ship Hotel, Collins-street, Hobart Town, on Tues and Wed, the 29^th and 30^th December etc.

The whole of the very superior and substantial household furniture, billiard table (by Messrs Thurston and Co., London) Silver and Plated Goods, Hotel fittings together with the Goodwill and Extended Lease of the Business and Premises, &c. as follows:-

Lot 1

The Goodwill and Extended Lease of the Business and Premises, at a reduced rent, full particulars of which will be given at the time of sale.

BILLIARD ROOM

Very superior billiard table (by Thurston and Co., London), with Alcock’s improved patent cushions complete, gas fittings, 4 arm chairs, 4 hair-seated chairs, 4 carpet-seated forms with backs, washstand and crockery, 3 tables, pier glass, fender and irons, carpet, oil cloth, matting &c.

DINING ROOM

Large telescope table, 10 trafalgar chairs, 2 arm ditto, very excellent sideboard, cedar table, butler’s tray, 9 handsome framed engravings, elegant pier glass, oil cloth, 16x20 hearth rug, 3 pieces coir matting, fender and irons, bell pulls, coffee urn, pedestal lamp, 3-burner chandelier, 2 wire blinds, white and gold dinner service, ditto tea service, two silver gravy spoons, four silver salts, and a very elegant and useful assortment of silver-plated articles, consisting of 135 pieces.

COFFEE ROOM

Telescope table, 4 horse-hair sofas, 5 hair-seated chairs, 2 arm ditto, I easy ditto, carpet, pier glass, fender and irons, 5 engravings, three-burner chandelier, 8 day clock, barometer, fire-grate, 3 wire blinds, coraice poles, glassware, crockery, &c. &c.

BACK PARLOR

4 hair-seated and 1 arm chair, easy chair, cheffioneerr, horsehair sofa, 1 pair match tables, 3-burner chandelier, carpet, hearth rug, pier glass, fire tongs, 8-day clock, 5 pictures, window fittings &c.

BAR PARLOR, and OFFICE

Handsome loo table, 2 cedar tables, 2 horse-hair sofas, 1 cane bottomed do, 8 hair-seated chairs, rocking chair, sideboard, very superior chess and draft table with men complete, office stove, nest of drawers, 2 oli paintings, coir matting, rugs, desk, 8-day clock, side table, drainer, 4-pull beer engine, patent brass ale pump, 3 spirit jars and taps, gas fittings, glass ware, crockery, pewter measures, copper do, bottle basket, &c.&c.

SITTING AND BEDROOMS, No.1

Mahogany loo table, 4 hair-seated chairs, couch, Brussels carpet, hearth rug, pier glass, brass fender, cottage grate, blinds, 2 damask covered chairs, drugget, washstand and crockery, dressing table and glass, iron bedstead, palliasses, 2 feather beds, bedding &c.

BEDROOMS, Nos 2,3and 4

3 iron bedsteads and palliasses, 3 feather beds, 1 hair do, 1 wool do, coir mattress, 3 washstands and crockery, 3 dressing tables, 3 swing glasses, 6 chairs, night commode, carpets, blinds &c.

SITTING AND BEDROOMS, No 5

Loo table,2 morocco covered easy chairs, 6 handsome rosewood chairs, I do cauch to match, cheffioneer book case, excellent Brussels carpet, 15x16, hearth rug, pier glass, bell pulls, fender and irons, copper coal scuttle, handsome 3-burner chandelier, 2 damask covered hammocks/hassocks, 4 framed engravings, elegant 4-post bedstead and hangings, double palliasse, iron bedstead, mattress, 2 horsehair mattresses, feather beds, bedding, dressing table, swing glass, washstand and crockery, Brussels carpet, crumb cloth, 2 trafalgar chairs, 4 __ window fittings, &c.

SITTING AND BEDROOMS, No 6

Very excellent oval shaped mahogany telescope table, 3 ladies handsome work tables, 8 trafalgar chairs, 1 arm do, cheffioneer bookcase, excellent horsehair sofa, cedar table, nest of 6 cedar cupboards, Brussels carpet, 16x18, hearth rugs, pier glass, fender and irons, 5 framed engravings, handsome 3-burner chandelier, 4-post iron bedstead and hangings, palliasses, 2 horsehair mattresses, feather bed, bedding, bedsteps, druggett, dressing table, swing glass, washstand and crockery, 3 hair seated chairs, foot pan, window fittings, &c. &c.

BEDROOMS, 7, 8, and 9

Three iron bedsteads, palliasses, four-post Huon pine ditto, double palliasse, mattress, double washstand and crockery, 2 toilet sets, 3 dressing tables, 3 swing glasses, chairs, carpets, 4 feather beds, bedding, window fittings, &c.

BEDROOMS, 10,11 and 12

Three cedar and Huon pine washstands and crockery, 2 dressing tables, 2 swing glasses, chest drawers, 3 Huon pine bedsteads, mattresses, 2 feather beds, bedding, chairs, towel horses, carpets, small iron bedstead, hair mattress, &c, &C.

BEDROOMS, 13, 14, and 15

Three washstands and crockery, 3 dressing tables, 3 swing glasses, 1 Huon pine bedstead, double palliases,3 iron bedsteads, mattresses, 3 horsehair mattresses, I wool do, feather bed, bedding, chairs, horse-hair couch, carpets, blinds, &c.

BEDROOMS, 16 and 17

Huon pine washstand and crockery, ditto dressing tables, ditto chest drawers, dressing glasses, 3 hair-seated chairs, very handsome secretary and bookcase, 2 commodes, Huon pine and iron bedsteads, palliasses, horse hair, wool and coir mattrasses, 2 feather beds, bedding, carpets, gas and window fittings, &c.

ATTIC AND LUMBER ROOM

Large rocking horse, Huon pine bedstead and 2 mattrasses, feather bed, bedding, 2 chairs, washstand, swing glass, and a large quantity of sundries.

HALL, LANDINGS, PASSAGES, FRONT VERANDAHS, and BATH ROOM

Sixteen coir mats, oil cloths, mattings, hall table, umbrella stand, weather glass, hall lamp, 4 images on pedestals, stair carpets, door lamp,2 iron verandah mats, 3 chairs, iron table, sideboard, patent water closet complete, shower and plunge bath complete, sponge and slipper baths, Huon pine towel horse, chair, &c. &c.

BACK VERANDAH

Very large pine cupboard, 2 large meat safes, Kent’s patent knife cleaning machine for 4 knives and carver, Norfolk Island double drip___ and frame, step ladder, pine table, flour bin, 2 large water casks, large clothes horse, oil cloth and mats, gas lamp, &c.

KITCHEN AND PANTRY

Three kitchen tables, excellent kitchen dresser, 2 side tables, 1 cedar table, large and very excellent kitchen range, with copper boiler, &c. by Russell, large cooking stove by Swain, iron plated chest, green dinner service, lilac ditto, large lot of sundry crockery, plate rack, dish covers, clock, lead sink, 4 brass bowls, measures, moulds, plate basket, trays, knives and forks, fountain, boilers, fender, and a innumerable quantity of cooking utensils and sundries.

Terms- Under ₤50 cash, above that sum three months credit upon approved acceptances.

The furniture will be on view between 9 and 5 o’clock on Saturday 26^th inst. Catalogues will be issued.

From the many valuable items listed, one would have presumed that the household items alone would have fetched more than was needed to pay off the debts. Added to which, the “Goodwill and Leasehold of the Ship Hotel”, plus the subsequent sale of his beautiful house, must surely have left Walter with some equity.

After the final order of discharge, the following advertisement appeared in

The Mercury, 23 January 1869

THE SHIP HOTEL

To Let with Immediate Possession

This well-known and eligibly-situated establishment which has for many years commanded a first-class business in Hobart Town, is now offered to an enterprising tenant on terms that will in a few years ensure a fortune.

The main building consists of spacious Coffee and Dining-rooms, Four Private Sitting-rooms, Seventeen Bed-rooms, Two Attics, Bar, Parlor and Office, spacious Kitchen, and Cellars extending under the whole house; also commodious Billiard-room, with ante-room.

Stabling for 18 horses, and good Coachhouse.

The TAP, which is quite distinct from the house, faces on Elizabeth –Street, commands a good run of business, and readily lets at a very remunerative rent.

A Tenant will meet with Liberal Terms, and can have a lease, if desired, for a term of years.

For further particulars, apply to William Walton, House and Estate Agent. 106 Collins-street.

The above advertisement was placed as a result of the insolvency case. It gives an excellent description of the building.

The Mercury Tues 4 May 1869 p2:
TRANSFERS
Ship Inn, Collins Street, Assignee of the estate of Walter Butler, to C.H. Hartam. No police objection, granted.

Auction sale of Newbury House:

Newbury House with Cecil Allport on the verandah c. 1880

(State Library of Tasmania- Allport Library and Museum of Fine Arts

ADRI: AUTAS001126252071)

Notably, the solicitor, ‘Mr Allport’, who cross-examined Walter during this case, would purchase Walter’s home Newbury House, put up for sale in January as part of the insolvent estate:

The Mercury Tuesday 5 January 1869 page 4:

Most desirable Family Residence on New Town Road, known as

“NEWBURY HOUSE”

Brent and Westbrooke,

Are favoured with instructions from John Milward Esq. assignee to the insolvent estate of Mr Walter Butler, to sell by public auction, with the consent of the mortgagee, at their mart on Tuesday 12 January at 12 o’clock.

The Most Desirable Property

On the New Town Road known as

“NEWBURY HOUSE”

Formerly in the occupation of Mr Butler, the land comprises an area of I rood and 10 perches, and the house, which is substantially built of brick, contains six convenient sized rooms, besides, kitchen, servant’s rooms &c. There are two large coach-houses, stable, and other necessary outbuildings, the whole forming a most compact family residence.

Terms- 25 per cent cash deposit, the balance may remain on mortgage for 3 or 5 years at 7 per cent interest.

Any further particulars may be obtained on application to Messrs Crisp and Gill, solicitors, Macquarie-street, or to the Auctioneers.

The photo of Newbury House held by the State library of Tasmania, has Mr Cecil Allport, ‘the owner’ on the verandah of the house, taken in c.1880.

The Tasmanian Archives, Insolvency Court, has a record of the “Costs of Insolvency” [ii]:

“The assignee of the Estate & Effects of Walter Butler… etc.”

Then lists all costs associated with the insolvency case, totalling ₤18 3s 2d.

Newbury House today:

Newbury House 2011

(courtesy P. Stevens, & Colony 47)

Aerial view of Newbury House (white roof, centre)

Today (viz. 2011), Newbury House is on the Tasmanian Heritage Register- ID No. 141- at 432 Elizabeth Street, North Hobart. It has been recently renovated and has had a chequered history- it housed nuns in the mid to late 20^th century; was a backpacker’s hostel in the early 2000’s which caused considerable damage; and has been recently refurbished and repaired (viz. 2011), and it is now inhabited by an employment agency (Colony 47- Jobnet Tasmania). Because of its heritage listing, all the original woodwork and fittings have to be retained. The original staircase is beautifully crafted, possibly by Walter himself. The downstairs hall is lined with dark timber, as are the doors.

Original Staircase

(courtesy P. Stevens, & Colony 47)

According to Jan Ferguson, Site Manager of the Allport building, as it is known:

“The building was purchased approximately 5 years ago by Colony 47, after serving a number of years as a backpackers accommodation and prior to that, a convent. In need of repair and as it is Heritage listed, we were bound by rather strict guidelines on how to accomplish that. So, with the help of local builders, we retained as much of the original building as possible and it still looks rather grand, although it is mainly offices.

(In response to a question re number of bedrooms): I have been trying to work out how many bedrooms there are upstairs as they were dorms with petitions when the building was bought. The rooms are now as they originally were but it is difficult to ascertain which rooms were bedrooms. There are five large rooms with fireplaces, and three smaller rooms without.

Newbury House showing original front wall and stairs

The British Hotel:

The British Hotel c 1850

The Mercury Thursday 2 December 1869 page 3 has the following entry in the “Annual Licensing Meeting”:

The annual meeting of the Justices of the Peace for considering applications for certificates of approval of persons receiving public house and packet licences for Hobart Town, and district was held today..etc.

British Hotel, Liverpool Street.

Mr Graves made a special application on behalf of Mr Walter Butler Jun., for a license to the British Hotel, Liverpool street, now held by Mr Luke Kenny, who had had a domestic bereavement, and, after negotiating with Mr Butler to take the house, by some inadvertence, notice had been neglected to be given. As the parties were so well-known, and there was precedent for dispensing with notice, he hoped they would do so in this instance.

The Clerk of the Peace said it was his duty to tell the Bench that the law was totally opposed to it.

After some discussion, the licence was granted to Walter Butler, jun.

Notably this occurred a year after the insolvency case reached the Court.

British Hotel C. 1890

In January 1870 Walter Butler (Junior?) is listed in the Hobart Town Gazette [iii] on a list of licensees granted a license to retail liquor at the “British Hotel” in Liverpool Street.

Although the licence appears to have been granted to Walter’s son, it was obvious that the real landlord was Walter himself, but as an insolvent, he may not have been eligible to be given a licence. This may have been the cause of the objection given by the Clerk of the Peace. Walter’s death notice later that year would describe him as landlord of the “British Hotel”. This hotel was also known as an upmarket ‘family’ hotel.

The owner of the hotel died in June of that year and the hotel was put up for sale:

The Mercury Thurs 2 June 1870 p4

George Burn

Has been favoured with instructions from the Executors of the late Mr John Regan to sell by auction at his mart &c.

The following valuable property

Lot 1 That well-known Licenses house, the ‘British Hotel” and adjoining premises, having a frontage on Liverpool –street of 109 feet 2 inches.

Following the death of Walter in October 1870, his son Frederick, (notably not his eldest son Walter Junior), sort permission to sell and transfer the license for the British Hotel:

The Mercury Tues 8 November 1870 p2-3

Quarterly Licensing Meeting

The fourth quarterly meeting of the Licensing Justices for the district of Hobart Town was held at the Court Room, Town Hall.

Permission to sell under Existing Licenses:

Frederick Charles Butler, son of Walter Butler, deceased, British Hotel.

Author C.J. Dennison in his book “Here’s Cheers” described the ‘British Hotel’ [iv]:

“The British was on the western side of the Carlton Club, opening as a hotel in 1824. It was a popular establishment and was later named the British Wine Vaults, followed by a change to the British Sporting Hotel. The colourful Reverend Knopwood is said to have been a frequent patron when he was in Hobart. Rowdy footballers were once at the centre of a court case involving the British Hotel, after they caused damage to the building. The proprietor sued them for the cost of repairs, although the outcome of the court case is not known. In 1903, it was purchased by the late George Adams, along with other properties in the area, and was subsequently demolished to make way for the Webster building. “

Walter Butler's property in Patrick Street Hobart

An advertisement in The Mercury Tues 15 February 1870 p4, for a sale by auction of a property adjacent to Walter's property in Patrick Street, would seem to indicate that the property was still listed in Walter's name despite his insolvency:

Contact email:butler1802 @hotmail.com (no spaces)

Link back to Introduction chapter:
http://butlerfamilyhistoryaus.blogspot.com.au/2012/08/walter-butler-introduction.html

[i] Archives Office of Tasmania: AE764 Documents in Cases of Insolvency; Walter Butler; Start date 22 January 1869 End date 22 Jan 1869; item AE764/1/51.

[ii] Tasmanian Archives AE 764/3/2- No.51

[iii] Hobart Town Gazette, 25 January 1870

[iv] C. J. Dennison Here’s Cheers, HCC, 2008

Friday 24 August 2012

Walter Butler- Ch. 23: Butler's Insolvency 1868

1868-1869:

Auction sale of hotel contents:

Auction sale of Newbury House:

The British Hotel: