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John Smith of Birnam Wood
Correspondence
1840 — 1853.
Transcribed by Margaret Hardwick, 1996.
Digital version by Stephen Crawshaw, 2008.



Birnam Wood
14th Novr. 1840


Sir(?)
On receipt of your Letter informing me that a renewal of my License for depasturing Stock had been forwarded to the Colonial Treasury I desired my Agents to obtain the License and forward it to me you will perceive by the Enclosed Letter they were unable to do So until I am informed by you whether I have or have not been fined your

Answer to this will much oblige Sir your
Obt Servant
John Smith

To the Commissioner of
Crown Lands New England
A true Copy



Birnam Wood near Jerrys Plains
September 14th 1840



Sir,
I made application to you in June Last in the regular form through the general post office for a renewal of my License for Depasturing cattle in the District if New England. As I have not yet received an answer I will feel much obliged by your sending me one. The Assesment of my Stock was paid at the time appointed
I am Sir etc. etc.
John Smith

Commissioner of Crown Lands
New England
A true copy



Birnam Wood.
Decr 14th 1840


Dear Sir
I forward Eighteen Bale’s of Wool by the James Watt Steamer Seventeen Bales of which I wish to send to England thro your Agency — The Bale No. 16 is unwashed, black Wools and Clippings -Pack
Pack had better be sold by Auction in Sydney as it will answer to make Colonial cloth but will not pay the expense of Sending to England — I expect to have Ten or eleven Packs of wool off sheep I have living(?) in New England, which I will deliver about the later end of Feby — The Bales are marked I S and numbered
I am Dr. Sir — your obt Sevt
John Smith

P W Flower Esq
Sydney



Birnam Wood
Freby 13th 1841


Sir,
I received an anonymous Letter on the 12th Inst enclosing an acct– from you amounting to the Sum of £23"18"3 and for which sum if not paid by the 15th Inst you threaten to Sue me. Now you must be Convinced from the Lengeth of time I have dealt with you that I never had any objection to pay my just debts, but I do not like the idea of paying twice for the same article and you must be well aware that there is several times in your acct that I paid you in October last
I think every Man ought to look to the beam in his own Eyes, before he Complains of the Mote in his Brothers. And I am of Opinion that before you threaten to sue me for a trifling Sum of Money, you should have furnished me with the Acct Sales of the wool I sent to England thro your Agency in Novr 1838. If I had, had to refund only ten shillings you would have furnished me with the Acct twelve months ago — As I have repeatedly requested you to produce them and which you have always under one pretence or another declined to do I am from the circumstances led to infer that there is a considerable balance in my favour.
I am consquently under the necessity of informing you, that unless you produce the acct sales and firmly settle with me for the Wool in One Month from this date I must adopt such measures as will compel you to produce them, altho I suppose my doing so will verifying the old proverb of sending a beggar to Catch.
(You Know What) –
I have only to add, furnish me with the acct Sales of my Wool. Give me credit for any balance due me on acct of the Wool. Also give me credit for the amount paid you in October last and any balance due you I will immediately forward to you, or hand it over to Mr John Wiseman or any other person you may authorise to receive it.

I am Sir
Your Obt Svt
John Smith

Mr J H Atkinson
Pages River




Birnam Wood
April 23 d 1841


Dear Sir
In answer to your last communication I have to observe, that as you Kindly and considerately sent me a Lawyers Letter dated 10th Janr 1841 only a few days after the Patrick Plains acct was rendered demanding immediate payment of that acct, I of course to prevent further proceedings remitted a Cheque by Post to your Law Agents Messrs Carr & Rogers which Cheque was presented and Cashed at the Bank of N S Wales as my Bank acct Book will Show, Consquently I do not owe you any thing on that acct and am surprised that you should now make a demand on me for Money paid in Jnr. As …As I am Short of Cash at present owing to my not being able to get same Bills discounted that I received in payment for Cattle Sold by Auction at Maitland on the 7 th Inst I am under the necessity of enclosing a Bill at Six weeks payable at the Comr Bank Maitland in payment of the salt and Bags — In Conclusion I beg to remark that any Person intimated to me that, You, a Man that I have dealt with and punctually paid for the last six years would have acted towards me as you did I would have told them that they Knew you not, how ever true that great solver of all dificulties proves that I was mistaken
I am Dr Sir
Most obt servt
John Smith

Mr Brian Russell,
West Maitland




Birnam Wood
Augt 15/41


Sir
Enclosed is a Cheque on the Bank of New South Wales for Five Pounds thirteen shillings and seven pence being payment in full of my acct
your obt sevt
John Smith

Mr T F Wilcox
No 78 Pitt Street Sydney




Birnam Wood
Augt 24 th 1841


Sir
Enclosed is a Cheque on the Bank of New South Wales for £9 " 4 - 0 being payment of a Promissary Note drwn by me in favour of Mr Wm Matthews dated 15th
July — at six weeks and made payable at the Coml Bank of Sydney -
your obt sevt
John Smith

To the Cashier of the Coml,
Bank — Sydney




Birnam Wood
Augst 23 d 1841


Sir
I gave a Promissary Note to Messrs Wilks & Murton for £10 " 11 dated 7 th May last- Thro my lacking to make a Memorandum of Where it was made payable, I placed the amount in the Bank of Australasia Maitland instead of the Commericial Bank — I now enclose a Cheque on the Bank of Australasia for amount –
A Cheque on the Bank of New South Wales for £11 — 10 was placed in the Bank of Australasia Maitland by Mr C M Doyle on the 9 th Inst for the purpose of retrieving my Bill to Messrs Wilks and Murton for that amount — Please to forward the P Note When you receive the payment for it — To the Cashier of the Commercial Bank Maitland
John Smith




Birnam Wood
Sept 2nd 1841


Dr Sir
Enclosed is a cheque on the Bank of Australasia for £6 " 14 " 6 drawn in my favour by Mr. F. W. Bigge, and on order on H. Macdermont Esq George Street Sydney for £5 ’ 0 " 0 drawn in favour by J. C. Pearce for which please to give me credit when you receive Payment
To the Cashier of the B of N. S. Wales —

John Smith




Birnam Wood Octo–
9th 1841


Sir ––– I reqest the Loan of Three Hundred Pounds for the term of five years on Mortgage — Enclosed is a full description of the property I wish to Mortgage and will feel obliged by an answer thro my agents. Messrs John Wilson Jnr & Co– No 28 George Street Sydney –
John Smith

To the Manager of the British Colonial Bank & Loan Company
Sydney.




Birnam Wood 9th October 1841


Gentlemen
As the trust company refused my application I am under the necessity of applying to the Loan company abd as I have asked for £300 only — I think it is likeiy to be complied with — The enclosed Letter you will please to read then seal it and deliver it to the manager and request an answer If you obtain a favourable answer you will of course get the Mortgage drawn out which I suppose must be done by the Co’s Solicitor and forward it for mine and Mrs Smith’s Signatures. As I have not received the the title deeds from the Secretaries office I enclose a description of the Law cut out of the Goverment Gazette which Perhaps will answer the Same purpose but if the deeds must be had you can write to me and I will tell you how to act. –
A true copy. –

John Smith




Octor 13 th 1841


Enclosed is a cheque on the Comel Bank Sydney for Thirty three Pounds drawn in my favour by Mr John Thorne — Which please to place to the acct of
To the Cashier of the Bank of N S Wales
your obt svt
John Smith




Octor 15 th 1841


Sir
When my Son went to Rocky Water hole for the purpose of removing The Hurdles I purchased from you in May last — We found that some person had taken Eighty of them away — He afterwards saw Mr Macintyre Supt to Mr Coxen, who informed him that He Mr M. had removed the Hurdles by Mr Coxens Orders, that Gentleman having purchased them either from you or Mr Wilks he Could not tell which — on my Son’s return from New England I addressed a Letter to Messrs. Wilks and Murton informing you of the removal of the Hurdles and also Mr MacIntyres statment but received no answer I will thank you to let me know if you sold the Hurdles to Mr Coxen or if they were sold by Mr Wilks unknown to you - The manner in which I proceed in the business will depend in a great measure on your answer for if I find the Hurdles were sold by mistake all I require in that case, is to be paid for the Eighty Hurdles and also for the loss of time in sending for them
But if I find they were desynidly(?) sold subsequently to my purchase I shall act in a manner that will not be very gratifying to the parties who sold them
John Smith

Mr Richard Murton
Care of -- Marshall Esqr




Near Maitland
Birnam Wood Octot 19th 1841


Gentlemen
I received yours of the 16th Inst enclosing the answer from the agent of the Loan Comy You do not appear to approve of Scrip, and I am aware that there is a loss attached to it, but when I inform you that the Settlers in this part have not only lost their Wheat Crop, but that their Sheep and Cattle — are so poof from the same cause as to be unfit for Market, You will agree with me that when there is no other alternative a small loss must not be thought of. If the Company will grant the Loan please to proceed with the documents as soon as possible. Enclosed is a Letter to the Manager Which you will please to read, then seal and deliver it to Him
Yours etc etc
John Smith

Messrs J. Wilson & Co —




Birnam Wood
Octor 19th 1841


Sir,
I received your reply to my application for the for the Loan of £300 thro my agents Messrs J. Wilson Jnnr and Co — A and beg to inform you that I will accept accept Scrip in payment
your obt svt
John Smith

To the Manager of Loan Co
Sydney




Birnam Wood
Novr 13th 1841


Sir,
Enclosed is a cheque on the Bank of New South Wales for the sum of £5 " 12 " 2 being the amount of the assesment of my Stock, deparsuring in the district of New England up to the 30th of June 1841, and for which I will thank you to forward a receipt To the Colonial Treasurer
Sydney

Your obt svt
John Smith






Dear Sir
On Friday last I sent Nine Bales of wool to Morpeth to be forwarded to you by the Hunters River Steam Cos Steamer(?) The rest of my Wool you receive in decr and Janr as it is Shorn and arrives from the Country — If you wish to purchase Wool you can have mine at One shilling and One penny half penny per lb. If not please to send it to England on my acct and allow the same advance as you did last Clip.
Messrs Lamb and Parbury Notes(?) a Bill of mine for £54"1 drawn in favour of John Wilson Jnr and Co and made payable at the Bank of New South Wales — But as I am disappointed in a sum of money that was to have been placed in that Bank on
By the Executors to the Estate of the late Mr Doyle the 25th of Sepr last I have directed those Gentlemen to present the Bill at your Country House and I will thank You to return it — The Wool Packs are Marked I S and numbered No 6 is in the Grean —

yours truly
John Smith

P W Flower Esql
Hunter St Sydney




Birnam Wood
Novr 24th 1841


Gentlemen
I perceive(?) by the Sydney Gazette of the 18th Inst that the the Notice which appeared in that Paper of the 16th respecting the return of the Loan Cos Scrip dishonoured is Contradicted. I will feel obliged by your making particular inquiry whether there is any difficulty in obtaining Cash for the Cos Scrip in Sydney, and what premium is required for discounting the same, and let me know as soon as you conveniently can. When, if I find, Cash can be obtained for it, at a moderate discount: I will furnish, full particulars, for you to Pay before the Cos Solicitor
J. Smith

Messrs J. Wilson Jnr & Co. Sydney





Birnam Wood
Decr 5th 1841


Sir
Enclosed is a letter I received from Mr Wilks listing the payment …… Hurdles — But as this letter is in my opinion a confirmation of an attempt on the part of Messrs Wilks & Murton to swindle me …… I have proceed against the party You cannot but apply to pay me the Balance Tis evident from the ………… of the …… and also from Mr Murtons Letters that they …… both perfectly aware of the … of the Hurdles, and only for my son meeting accidently with Mr Coxen’s Supr who informed Him his employer had bought them, I would have supposed the Hurdtes were stolen and mads no further enquiry about them. Mr W. states He wrote to Mr Coxen to forward the Money for the Hurdles to him — Why not direct it to be sent to me

I am etc etc John smith

Staples Esquire
Solicitor Patrick Plains




B Wood
Decr 29th
1841


Dear Sir
I received yours of the 16th Inst- and beg to inform you that I Cannot accept your offer of 13p per lb for my Wool Consquently I will thank you to send it to England If the weather Continues fine I will forward 6 or seven Bales of Wool to you immediately after Xmas as I commence Shearing a flock of young Sheep tomorrow Morning — As the drought destroyed my Crop of Wheat I will thank you to send me a Ton of Sweet American Flour as I perceive it is Cheaper than Colonial and will answer finer as well– please to let me know by Post when you Ship it and by Which Steamer

J Smith

P W Flower Esqr




Decr 29th 1841


Dear Sir,
I have this morning sent Six Bales of Wool to Morpeth to be forwarded to you on one of H R. S. N Comr Steamer — Please to forward the American Flour as soon as you convientally can as I shall soon be in want of that article.

John Smith

P W Flower Esqr — PS the bales are marked I S & numbered




Janr 1st 1842


Sir
The enclosed is a Letter from Mr Wilks who states that £7-10 has been placed to my Credit in the Comil Bank Maitland
As this is within Ten Shillings of my Claim against Him I think twill be best to stay proceedings against Him Mr Wilks ( of course ) paying the expenses - Staples Esquire Solicitor
( J. S.
Patricks Plains )




Birnam Wood
Janr 24th 1842


Sir,
In answer to your application to me dated 18th Inst for a Settlement of my late Stockmans ( James Cash ) Acct- I beg to inform you that as soon as James Cash produces his overseers Receipt for the number of Cattle delivered, I will settle with him and pay whatever balance may be in his favour, and Surely You will agree with me, that is time enough to pay for services when made aware the services have been performed.
My son John was at the Station when Cash left it and what is singular he brought no communication either written or verbal from either parties, nor Could he tell me the number of Stock delivered Consequently I am left to infer that Cash left the Station without delivering up his Charges —

John Smith

To Jas Curtis Eastmune Esqr
Solicitor Singleton




Birnam Wood
Janr 24th 1842


Dear Sir
I must again request you to forward the balance due on Mr Inches promissary Note to me for £20, if you have received it, and if not I think in justice to me you should Compel Mr Inches to pay the amount due

John Smith

H J Pilcher Esqr
Solicitor Maitlan




Birnam Wood
Janr 28th 1842


Dear Sir
Through some irregularity in the Post I did not receive yours of the 21st ins till this Morning and in answer beg to state that when I sent Mr. McDougall’s last Bill for £210 I enclosed one for £75 in the same Letter as both became due within a few days of each other hoping these would return these …… due as usual, but it appears you have noi reieived the Bill for £75 — I am in daily expectation of a sum of money being placed in the B of New South Wales to My Credit by the Executors of the Estate of the late Mr Jas doyle when the deficiency will be made up —
However as Mr Norton is not famous for punctuality (as the money I speak of was to have been paid into the Bank on the 25th of Sept last) I will endeavour to obtain some Cash at the Hunter and forward it as soon as possible — An answer to this will much oblige Yours truly J. Smith

To the Cashier of the
Bank of N. S. Wales




Birnam Wood
March 9th 1842


Dr Sir
Solomon says there is a time for gathering Stones and a time for throwing them away — There is also a time for writing Letters and a time to forbear, and in my opinion you should have chosen the latter and not by answering my Letter attempt to vindicate conduct that your own conscience must tell you is quite indefensible.
In answer to remark 1st in your Letter ’tis perfectly true that you agreed to attend my Family for twelve months from the 1st June 1841 and it is equally true, that you did not then, nor at any subsequent period except any particular care, Consquently, you forfeited your agreement
In remark 2nd You state Mrs Smith expected to be confined in the last week in Janr but was not Confined on the 16th Feby. I was not aware until enlightened on the subject by your Letter, that any Woman knew to a day when she would be confined or could delay Her delivery for ten days to wait for any patricular surgeon
In conclusion you observe there is not a Medical Man on the Hunter that would do as you did This I believe for I am of the opinion there is not a surgeon on the face of the Earth would have acted as you have done 1st You bled Mrs S — almost to death only Six weeks before her confinement that I think no other medical on the Hunter would have done, that bleeding confined her to bed In pain and misery for three weeks to that bleeding I attribute the death of the child and Mrs S’s subsquent severe illness, what medical man besides yourself would have forsaken her under such circumstances, IN agreeing to attend my family for Twelve Months if you made any mental reservations to such cases as Mrs — S’s you cannot say you were not engaged to attend her your letter letter to me prior to your departure For Sydney is quite conclusive on that subject — I write more in Sorrow than In anger your attempt at palliation has compelled me to be explicit To Dr Skinner —



Dear Sir,
I perceive that a Mr George Wilkie adververtises prime American flour at 21 shillings per barrel by taking a quantity — I will thank you to purchase ten barrels of flour from Mr. Wilkie and forward them by one of the Iron Steamers as soon as possible as I am quite out of that article — I enclose a cheque for the payment of the flour and the freight of course Mr Wilkie will deliver it at the Steamer You will see a sample of the flour and if sweet make the purchase if it is not sweet of course you will not buy it — It will be requisite to have the Barrels well marked as there is so many of my name on the Hunter — on the other side you will see a list of some articles I wish you to send me. I understand there is a considerable reduction in the price of Tea and will be obliger by your sending me one chest, and one half chest, of good "Hylon Skin Tea", one bag good Table, Rice, 2 lbs of split cane for bottoming chairs 1 hall door lock, one Parlour ditto 3 pairs of Biass but hinges and one brass knocker Screws, ^ 50 lbs of whiting and six bath Bricks — The Cheque I enclose is for £12 " l0 " 0 to you or your order — which I suppose will be suffrcient — Please to forward the tea and other articles as soon as possible and apprise me by post when the goods are shipped

Mr. Rucker 28 George Str Sydney —



Terms of agreement made at of Birnam Wood of the of the other part Witnesses Engaged to serve Mr John of six calendar months all lawful — reasonable in consideration of which Mr. John Smith on his pa.. Thos Wilshire wages pound per acre and allowed by Mr Smith to Thos Wilshire sent(?) extra supplies — clot… Mr. Smith’s Stores. And further agrees to cl… the price charged by … Property in his Sto…
Signed at Birnam
The 31st day of May

Nappur Landy — Blackwik
Given up by the Senate of Hamburg to the English who hung them as Irish Rebels —
See Life of Napoleon Page 319
Corollary. Conclusions an inference
Osnans (?) Poems Buried City of the East Ninevah
Pollocks Course of time
Chambers information for the People —
to be had at Lisscombs
[this appears to be a list of books John Smith wished to read -ed]




16 th May 1842


Dear Sir,
On the 11th Inst I enclosed a cheque on on the Bank of New South Wales drawn in favour of you for the sum of £12 " 10 — requesting you to purchase 10 barrels of Flour from a Mr George Wilkie and forward it to me as soon as possible informing you I was quite out of that article. I am surprised that I have not received an answer to my letter altho 14 days have elapsed Since I wrote it I also requested you to send a receipt for the £11 " 16 2 — the mount of my a/c with you on the 10 th Inst I will feel obtlged by you letting me know immediately if you received the £11 " 16 " 2 and the £12 " 10 " 0 and also if you have purchased the flour and forwarded the articles I wrote to you for
Mr. Rucker 28 George Street
Sydney

A true Copy




9th June 1842


Sir,
Yesterday morning a number of working Bullocks was found on my run and amongst them a Bullock that was lost by my Bullock Driver about 16 months ago on the Liverpool road. you Bullock driver afftrms that you bought the Bullock out of Pound upwards of two years since which statement I know to be false as he was at work in my team on the 20th January 1841. and seeing no legible Brand on the beast but my own I detained him If you account satisfactorily for for the possession of the bullock I will forward him to you If not I will keep the animal as I have never deposed of him

a True copy

To Mr. Wm. Baxter Scone




9th June 1842


Certificate
This to certify that I have detained a red bullock found on my run with my brand upon him viz — I S on the hip and circle on the shoulder which beast Wm. Baxters man states was bought by him out of Pound two years ago




June 22nd 1842


Sir
Enclosed is a cheque on the Bank of New Wales for £7 — 10 — 1 that being the amount of the assessment of my Stock depasturing in New England district up to 31st december 1841 — Also a Cheque on the same Bank for £5-12-1½ being the amount due by me for assessment up to the 30 Instant — Please forward a Receipt for the enclosed

J. Smith

To the Colonial Treasurer




June 25th 1842


Sir
Enclosed is a cheque on the Bank of New South Wales for the sum of twenty four Pounds being payment in full of of Leasing for depasturing Stock in the disit— of New England and four Pounds — five for non payment —
John Smith

To the Colonial Treasurer




June 17th 1842


Dear Cyrus

I received a Letter from your Brother Andrew dated June 24th/42 In which He informs me, that He He had given you directions to forward half a Ton of Flour to B. Wood in the following week —
As upwards of Three Weeks have elapsed since your Brother wrote, and the Flour has not been sent and as I am reduced to One Weeks Supply; I request you will on receipt of this fulfil your instructions and let me have the Flour immediately
JS

Mr Cyrus McDougall Maitland,




Birnam Wood August 21 1842


Sir,
I did not receive yours of the 15th untill this morning and am much surprised that you should apply to me for £11 – 16 – 2 that I paid you on the 10th of May last by Cheque on the Bank of New South Wales and for which I requested you ( in my Letter to you of the 16th of May) to send a Receipt
Mr Morris applyed io me for this balance some time since, when I informed Him the debt had been paid, and mentioned that if He Called at the bank of N S Wales Mr Black would Show Him the Cheque for the amount —
W J H Rucker Sydney
John Smith




B Wood
Sep 1st 1842


I received yours of the 23r Inst-(?) in which you inform me of Mrs Acres wish to let Her cattle on Agist(?). I have no objection to take that Lady’s Stock on the same Conditions I have taken Cattle from other parties, provided that they are delivered at Birnam Wood. And as tis best in all cases of this kind to be explicit I shall state precisely on what terms that they will be received viz. They must be delivered at B. Wood and will be Kept for less time than two years. One third of the Increase I am to have, as also five shillings per head per annum for all the Males above Six months old — The cattle to be delivered to Mrs Acres or to any person She may approve to receive them, at the expiration of two years (or at a longer period if it suits both parties) whether at this place or the Station. Aand I wish it to be clearly understood that no pottion of the female Stock will be delivered until the expiration of two years, and any Maps Mrs Acres may require to remove, will be delivered at the Station: and if removed prior to the expiration of one year, their keep will be Charged for the full year. I of course make myself accountable for beast or brand. I have also to acknowledge the enclosure Mr. Cox’s Letter to you, and if he is a true Scian from the old Stock he will neither care for your interest nor mine, but will adhere most pertinaciously to his own — The ambiguity of his Letter Convinces me, that you will be deceived if you depend on him — As I have a very great regard for you, and consquently for your good name, I will point out an error you fell into respecting this flour business and which hope will be the means of preventing you from again acting in a similar manner — When you found your brother John had sent my iiour ( for mine it was from the moment I bought it ) And that you could not Supply the aricle ( it matters not from what cause) it was your bounden duty as an honourable Man to have forwarded to me the amount I paid for the Flour, and not amuse me with fruitless negotiations for upwards of two months especialiy when informed of my being in actual want of it.
J Smith
A L McDougall Esqr
Baulkham Hills




Sepr 17th 1842


Madam —
I received a Letter from Mr A McDougall, this day in which he informs me he had read that part of my My Letter to you which treats of the terms on which I could receive your cattle, and which he states you approved of with the exception of the five shillings per year for the males above six months old, but that you would, allow me, 10 per Cent on the oxen sold, In answer, I beg to inform you, that I cannot receive your Cattle, on any other terms than those mentioned, in my Letter to Mr. A McDougall, with this exception, that I would not have the least — objection, when your Cattle were fit for Market, to bring them along with my own, to any part of the Hunter River might be going to — but will not have any thing to do with the sale of them. I would of course inform you when your Bullocks were saleable and at what time would be coming down. And will not require any payment for the Males until the expiration of one year — My Cattle are generally sold by Auction at Maitland and if you thought fit yours could be sold at the same time and I would hand over the amount obtained to any Person you may appoint to receive it together with the acct- Sales Mrs. Acres
Baulkham Hills
John Smith




Sepr 21 st 1842


Wrote to Mr. P. W. Flower requesting him to forward the acct Sales of the 14 Bales of wool I sent to England through His agency for Ship St. George in April 1841 This is the third time I have written to Mr. F. for settlement of our ac Acct’s




Birnam Wood
Febr 24th 1843


Dear Sir
Seeing an advertisement of yours dated the 7th Inst — offering two thousand and five hundred sheep for Sale by private contract. If you will have the goodness to let me know, the particulars of the sheep. That is Ages, sexes and quality of the wool, together with their price per head, and the kind of security required
If the terms are moderate "tis likely I may become the purchaser — Please to answer this by Post —
J. Smith

Doctor dow — Windsor;




March 29 th 1843


wrote to owen — Co – Maitland requesting them to renew a Bill for 54 pounds 1 shilling and 1 pence for three months for which I offered them Interest at the rate of 12 per Cent per annum__




April 1st 1843


wrote to Doctor Dowe Stating I would take His Sheep at his offer __________




April 4 th 1843


I enclose a P Note of Mr C M Doyle’s drawn in my favour for 42 pounds 1 shilling Which you will oblige me by discounting and please to return Mr. Doyle’s P Note for 35 pounds with the proceeds of this.
To the Cashier of the Bank of New South Wales
J Smith




Birnam Wood
May 12th 1843


Dear Sir,
Absence from home must be my excuse for not answering your very laconic letter immediately on my Sons arrival from Loders Station. I must now be as concise as you were, and merely State, that as there are only 1960 Sheep instead of the 2500, You advertised; I must decline becoming their purchaser, In conclusion I have to regret that your very erronerous statement in the Sydney Herald newspapers, to my son, — to myself, of the number of Sheep, has put (deal of effort) me to a considerable deal of unnecessary trouble and expence.

To Dr. Dowe
at Mr. James Arndel’s
Woodland
Upper Hunter




May 25th 1843


Wrote to Messrs. Carr Rogers — Owen and enclosed a Promisary Note in favour of Mr James Figg for the sum of 14 pounds — 10 shillings at two Months in liquidation of my debt to Mr Figg.




June 15th 1843


Sir
In a letter I received from Mr C M Doyle this morning He informs me that a sum of money due to the Legatees from the Estate of the late Mr James doyle has been placed by the Master of Chancery in the savings Bank instead of the Bank of New South Wa1es, and that the Executors cannot withdraw it untill the 6yh of the next month. In consequence of this unlooked for delay I will not be able to meet my Promissary Note for 40 pounds – 11 shillings the day it becomes due and must request you to be so kind as allow it to be over untill the 6th of July. I have some fat Cattle on the Road to Sydney and if they are sold prior; to that time the Note will be retired
To the Cashier of the
Bank of New S. Wales

J Smith




Birnam Wood
Augst 12th 1843


Gentlemen
Altho I have not received any Communication from you I am perfectly aware that my P. Note to you for 44 pounds 12 shillings & 10 pence has been presented and dishonored And I request you will allow me to renew it at three months at which time part of my this years Ciip of Wool will be in the Market and there will be no diffrculty in obtaining Cash for it.
As it may appear strange that I should allow a P Note to be dishonored without an attemt at renewal. t thint I can explain the reason satisfactorily. My son took a number of fat Cattle to Market and I gave him directions to place a sufficiency of Cash in the Bank to retine (?) the Bill if He Could make any thing like a sale of the stock, but which I am sorry to say he could not. pary he sold or rather gave away the rest he left at my brothers at Baulkham Hills, and the Consquence was the dishonor of the Bill.

Your answer to this will oblige &

Messrs Owen & Co West Maitland

John Smith




Birnam Wood
August 7th 1843


Sir
I must request as a particular favor you will be Kind enough to allow the enclosed P Note to retine thou of the same amount which becomes due on the 12th Inst, As I cannot possibly find cash to redeem them at present I pledge myself if you allow them io pass to lift the 55 pound P Note at the end of the quarter as sheep shearing will then have Commenced and I can obtain Cash for Wool, Sheep or Cattle I Cannot at present find a purchaser for
J Smith

To the Cashier of the Bank
of N S Wales




Birnam Wood
8th Septr. 1843


Dear Sir,
Mr. Andw McDougall returned from Sydney, last Tuesday and wrote me you told him that you could not discount my P. N. for 55 pound unless I reduced it 10 pound- I now enclose Bank notes to the amount of 10 pound — and a P. Note for 45 pound instead of the one for 55 pound — and which I hope will be discounted. I will feel obliged by your returning the 55 pound Note by Post
Bank of Australasia 1 pound " No. 4,104 { Maitland
Bank of Australasia 1 — 6,007 { Do
Commercial Bank 1 " 112,767 {Sydney
Do &mdash Do — 5 " 5,181 { Do
Do &mdash Do — 2 " 70 736 { Do
________




Birnam Wood
Sept 8th 1843


Sir,
Enclosed is a P Note drawn in my favor by Mr Jas Cullen of Windsor at One month for the sum of 15 pound payable at Coml Bank, which you will oblige me by having presented and if honored place the amount to my Credit Cashier of the Bank of( N S Wales )

John Smith




Novr 10th 1843


Sir
Enclosed is the Receipt of a memorial of a Loan and Release from Benjm Singleton to me —
Please to forward the mortgage to Mr Chambers as soon as possible.
JS

G Allen Esqr Solicitor Sydney




Birnam Wood March 3rd 1844


Madam
You will oblige me much by forwarding Seven or Eight Pounds in part payment of your Male Stock, I am sorry to trouble you but I can assure you I find it difficult to Raise as much Money as will pay the assessment of my stock
I have the pleasure of informing you that your cattle are doing well and that you will have upwards of Twenty Bullocks fit for slaughter in June next, they will be Small but fat —
J. Smith
Mrs I Acres




Birnam Wood March 27th 1844


Dear Madam
In answer of yours of the 14th Inst I beg to inform you that stern necessity alone compelled me to ask you for any Cash untill you had sold some of your Stock now in my Charge, but as I was Compelled to pay Government, the sum 29 pounds, 6 shillings and eightpence the other day for assessment and Licence fee beside a fine of 3 pounds for not being able to pay the money on the day appointed, and which money, I with very great difficulty obtained the Loan of a for two months by paying a high Interest. I am however reluctantly, obliged to ask assistance from the parties Whose Stock I have an Keep to make up the sum I had to borrow. Consquently I must request you to forward an order for me to despose of as many of your Bullocks as will realise the sum of Eight Pounds as I cannot possibly wait the time you require. ’tis a fact too well known that there is not a Stock Station in the Colony at present that pays the expences attached to it And when informed that I have had five different peoples Cattle on Keep for the last Eighteen Months on the same terms I took Yours, and I never recieved a Sixpence from any of the parties towards defraying the heavy expence attached to them you will not be surprised at my being much disressed for want of Cash.
I remain Yr frien
John Smith

Mrs I. Acres ( Haywood )




Birnam Wood.
April 7th 1844


Dear John
In answering your Letter of the 14th Ulta I shall merely Consider myself in relation to debtor to Creditor. In which relation I must Confess I was annoyed and grieved at the display of feeling and vitupuration so disparringly resorted to in your Letter: And for What! because as a debtor I asked you as a Creditor for a Receipt for 82 pounds 6 shillins and 8 pence paid and I Can assure altho I have weighed the Circumstances in my mind more than Once, still my simple philosophy will not allow me to perceive any thing unbusiness like unjust or unreasonable in the request I Had
That it has pleased the Great Author of our being to allow us to hold our Lease of Life are a very precarious tenans is a truism every day experience too plainly proves and which has been exemplifyed awfully exemphifyed in the sudden removal of your truly kind, affectionate and ever to be regretted Parent. A Man who professed more of the real milk of human kindness than almost any Man I ever knew. Now I’11 suppose a Case, that if it pleased God to Call you as suddenly as ’tis His pleasure to Call hundreds without allowing time for any worldly preparation, how would I be circumstanced. You and every Man must be aware I could be Called upon not only to pay my Py Note to you for 100 pounds but the order I gave you and your Brother Cyrus for upwards of 70 pounds and might lose the 82 pounds 6 shillings and 8 pence already paid, Consquently I must again repeat I cannot see any thing unreasonable in my reqiring a Receipt especially as that request was made thro a mutual Relation.
When your Sister wrote to you that I would most likely be compelled to go into the Insolvent Court I was pressed by the Bank of N S Wales for a debt I owed that Bank; and had actually been levyed on by Cluguid ?, and again threatened for the debts of another Man. Had I known that you would have taken Stock in payment I would have been Glad nay happy to have given you Horses Cattle or Sheep to the amount of the debt and even now that I have little left it will go hard with me indeed if I do not pay you: As for the sweeping denunciation of unfairness, pray ask yourself which of the two is the fairest debtor and most conscientious Man He who divides His all amongst His Creditors, or He Who pays one or two and Cheats the rest in my opinion the former is the honestist Man of the two from your Letter it would appear the latter the fairest Man, tis however quite natural for Men to differ inn opinion, beside I have no particular wish to Commence My travels (South) at Her Majesty’s expence — When I Stated in (Confidence) to my Sister that I had suffered more annoyance about this debt than I had for any of my other debts combined I Stated a fact which the abudance of Epistlary Correspondence I have by me will prove. I delayed answering your Letter thinking your son Frederick would have honoured us with a Call as He did not I am Compelled to send this by post

I remain
Dear John yours truly
John Smith

Mr J F Doyle




Birnam Wood July 1st 1844


Dear Mac.
I was somewhat surprised to have an order presented to me at Singleton on Saturday last, that I had given you for fifteen Shillings and which the person said you refused to accept. I told you more than once that there is a ballance due me of 68 lbs of wool — I certainly considered by drawing on you for 1 pound 15 shillings was not over drawing as 68 lbs of wool at the late I sold my portion at amounts to 2 pounds 9 shillings and 1½ pence after allowing freight of same — I hope I have been misinformed as to the rejection of the order and request an explanation at your earliest convenience.
It was never my intentention to demand one farthing more than you sold your wool at per lb. but as you told me the last evening I was at your house you could not exactly say what you obtained per Pound for it I did not think One — one Pound fifteen could possibly exceed the sum you had received as W. Bowden told me in presence of two other persons that he had been offered eight pence per lb for the wool. I hope this may find Mrs McDougall & family well in good health
Yours truly
John Smith

Alex McDougall Esqr
Son Maitland




Birnam Wood
Sepr 28th 1844


Dear Mac
As my dray will be going to New England in about a week, you had better send about half dozen wool packs to Singleton immediately apprising me by Post when you have forwarded them, and where they are to be left. You had best send them by the Mail. I suppose you received the Packs from Mr Taylor, One of them was mine, Please to send it with your Own — With best respects to Mrs Mc Dougall & Family — I remain yours truly
John Smith

Alexl McDougall Esqr.




Birnam Wood
Octobr 13th 1844


In answer to yours of the 22nd Ulto I beg to State that soon after the receipt of your Letter to dispose of Eight or Nne Head of your Cattle for the purpose of defraying the expence of Keeping the Mobs. I sent Eight Head to Maitland along with Thirteen of my own, and as we could not sell them to a Butcher my son had them boiled at Mr Kings establishment, the result you will perceive by the enclosed return Which I did not receive from Mr King until the 7th lnst altho I had repeatedly written to Him to forward a return. My son returned from the Station the other day and States that it is just impossible to Muster Cattle at present, owing to the very great quantity of Rain that has fallen over the Mountains within the last six weeks, the rain has made the Ground so boggy that Horses Cannot go over it to Collect the Stock. As soon as my people can make a Muster I will forward a return of the Increase.
John Smith

Mrs I Acres — Haywood




Birnam Wood
Octr 16th 1844


Dear Sir
As my People will commence Sheep Shearing at the Station early in the next Month, and as I have a few Sheep at B Wood that will be Shorn this Month, I request You to let me know as early as Convenient what advance you are inclined to make on wool of the present Clip forwarding to London as usual — I received the goods as per bill of Panels also those — You forwarded in May last all safe —
Why in the Name of all the Saints did you send Wool Packs that weight only Six Pounds each
John Smith

J. H. Chalks Esqr
H Street Sydney




Birnam Wood
Novr – 23 rd 1844


Dr Sir
As the time I agreed to keep your Cattle expires on 10th Janr 1845, You will oblige me by letting me know as soon as possible, if you required them delivered at the expiration ofthe two years.
I remain etc etc John Smith

R S Rudd Esqr. Tremayni Wolombi




B. Wood
Decr 11th 1844


Dr Sir
I wrote to on the 23rd Ulto — by post requesting to to know if it is Your wish to have your Cattle delivered on the 10th of next Month as the trem I agreed to Keep your Bullocks expires on that day, or as soon after as circumstances will allow me to deliver them,
Having waited Eighteen days without receiving any communication from you on the subject, I must again request an immediate answer, also I will be necessiated to send to the Station for the Cattle and to deliver them to you or any person you may appoint to receive them, on payment of the amount stipulated for their Keep
John Smith

R S Rudd Esqu. Wolambi




Birnam Wood
Octor 15th 1848


Sir
I beg to acknowledge the receipt of Your Letter of the 12th Inst, by which it appears to me You have not given me Credit for Fifteen Pounds paid into the Bank of N S Wales by my Son John on or about the 15th of May last. on acct of the Inst of My Mortgage.
Which became due on the 20th leaving a balance of 4 pounds 13 shillings & 5 pence — Cash has been deposited in the Bank of N S Wales on my acct since the Middle of May last by my Son 15 pounds
Messrs Flower Salting & Co 70 pounds
Do 70 pounds
155 pounds
On my Son’s return from Sydney He stated that you were not in the bank when He paid the 15 pounds but that He gave it to the Clerks who made a memorandum of the purpose for which it was deposited —
My Son being at present at New England prevents my Stating any further particulars.
Yours etc etc
John Smith

J Black Esq Cashier of the Bank of
N S Wales




Birnam Wood
Novr 7th 1846


Dear Sir
I delayed answering yours of the 27th Ulto as I expected My son to return from the Station early in the present month, and that He Could furnish the returns required — I received a Letter from my Son last Night Stating He will not be able to leave the Station until the Sheep are Shorn, Consquently I must write to Him to furnish the returns as soon as possible and they Shall be forwarded to you
JS
Pcost Sparrow Esqr
Pitt Street Sydney




Birnam Wood
Novt 21 st 1846


My dear Sir
On the return of my son William from Maitland yesterday He informed me, you wished an answer to your Letter of the 3rd of July last. and Which Letter I unluckily mislaid and could find not until the other day. I now beg to say that I will take your Sheep provided they are sound on the same conditions I have Mr Alexl McDougall’s, namely One half of the Increase and One half of the Wool. The wool to be delivered at Morpeth free of all expence to you, with the exception of Wool Packs, which of Course you will find.
There is One Item in my agreement with Mr McDougaull which you have not mentioned of 3rd of July and which I suppose Mr McD forgot to mention. That is if you sell any whether Sheep after they have been Shorn Six Months, I am to be paid fifteen Pence per Head as a compensation for my Share of the wool. This Clause you will say is just as ’twant not answer any person to Keep a number of Sheep for Six or Eight Months Months for nothing, I Cannot take the Sheep for a Shorter period than Three Years, I… your next Commmunication, please to State when I can receive the Sheep so that I may be prepared and also an Order for their delivery to Me, Perhaps ’twould be as well to write to Mr. Fletcher and let Him Know the arrangements You are about making. If your Sheep have ever had the Catarrh I must decline Receiving them on any conditions
I am & &
J. S.

Andr Liddle Esqr




Birnam Wood
Novr 24th 1846


My dear Sir
The very great reduction in the price of Wool, will leave me considerably Short of the Sum I expected for my Clip. Will you be so Kind as to make enquiry Where I can obtain about 70 pounds for Six or Eight Months, for which I will give a preferable Sum on 550 good Sheep now running at Birnam Wood, it is a Mixed Flock, three fourth if the Sheep are Ewes, they have never been diseased and no person has any Claim on them — I hope this may find you in good Health and that you you have arranged your business to your Satisfaction — Please to answer this if you think I Can obtain the Small Sum required

J. S.

R L Jenkins Esqr
Sydney




Birnam Wood
Decr 10th 1846


Sir
I received my Bank Book by doctor Jenkins yesterday and perceive you have not given me Credit for Fifteen Pounds, paid into the Bank of N S Wales about the 16th or 18th of last May by Son John, and as He has he has done busniness for me for the last Seven Years, and as I can place the most implicit confidence in Him, I am of the opinion the Fifteen Pound paid by Him has been placed to the Credit of some other John Smith. In the multiplicity of your business You have no doubt forgotten that there was once a considerable Sum of My Money placed to the Credit of Mr John Smith of Newcastle, and tis not improbable that a like mistake may not have occurred with the 15 Pounds especially as You were not in the Bank present when it was deposited.
You will oblige me by Causing inquiry to be made as ’tis not pleasant to lose 15 Pounds —
I take leave also to inform you that owing to the very great scarity of Packers and Shearers, I shalll not be able to pay the Interest of the Mortgage for some weeks to Come, Having been very much delayed in Shearing etc from not being able to find Hands at any price

JS
Be so kind as to answer this
J Black Esql Cashier of the B of N S Wales —




Birnam Wood
Decr 18th 1846


Sir
Enclosed is a Cheque on the Bank of N S Wales for 14 Pounds drawn by Mr C M Doyle in favor of Mrs Smith Please to place the amount to my Credit When obtained and apprise me by Post that you have done so as I will have to draw on it Shortly
J S

The Manager of the Bank of Australia
Maitland




Birnam Wood
Febr 3rd 1847


Sir
As I am informed Mr C M Doyle is endeavouring to vilify your Character and mine respecting the Promisory Note You gave my Son in payment for the Sheep you bought from Him and as there are some persons who not being aware of Mr. Doyles wonderful skill in Playing on the long Bow and from this known plausibility may be induced to to believe him. You will Confer an obligation on me by forwarding through the Post a Statement of the facts, as I wish to send Copies of your Statement to my Friends.
I recollect perfectly when my Son Robert and I waited on you at Mr Yoemans, You informed me You were in the act of leaving the Bank for the purpose of obtaining Mr Yoemans or the late Mr Cummin’s Signature to the Bill, When Mr Doyle offered to endorse it provided you promised to meet it when due
Mr. Doyle Calls You a Robber because you were unable to pay the whole of your debts how would He have acted had His Creditors allowed Him. The part of a very Honest Man no doubt

J S

Mr Jams Smith
Post Maitland




Birnam Wood
Octor 28th 1847


Dear Madam
As I have to Send my Cattle to another Station (if we Can find One) in January next. I request you will be so Kind as to move Yours Some time in that Month. As I Cannot properly Keep them for a longer period.

JS

Mrs I Acres




Birnam Wood
Novt 1st 1847


Dear Mac
You will receive by R. Stretch One Bale of Wool our joint property, the Bale is Marked IS X05 BW. There is also two Bags of my property, which I will thank you to sell for me at the time you depose of the Pack, ’tis wool that I Could not get into a Pack, and it is not worth sending to Sydney.
When you Sell, be so Kind as forward my share of the proceeds by Post, deducting Tewlve Shillings and Three pence I am indebted to you for Some Sheep Skins sold in Singleton the other day.
The bale weighs 240 lbs Gross, the wool in the bags weighs 75 Gross
J S

Alex McDougall Esqr.




Birnam Wood
Novr 4th 1847


Dear Sir
You will receive per Iron Steamer, Four Bales of Wool, Shorn off a Small Flock of Sheep I have at B. Wood. As You had not determined when I last saw You, What advance You intnded to give, I have not Marked the Packs, but only labelled them to Your direction. If you give the same advance this season you gave me last namely One Shilling per lb Mr Jackson Can have them marked and You can forward them to England on my acct— however you promised to write me on the subject When the Wool arrived which I will thank you to do
JS
J H Challis Esqr




Birnam Wood
Novr 15th 1847


Dear Sir
Owing to my not being able to obtain a sufficient number of Shearers my wool will not arrive from the Interior as eady as it has done heretofore by some weeks. In Consequence of which I Shall not be able to pay the Interest om my mortgage with my accustomed punctuality —
As this is the first time I have been in arrear with and the Cause unavoidable I hope the Bank will not press me. The Interest will be forwarded immediately on the arrival of my wool.
J.S.
J Black Esqr
Bank N S Wales




B Wood
Novr 23rd 1847


Dear Sir
I have enclosed this and a Copy of a Letter I wrote to Mr Black in a Letter I received from Mr Baillie yesterday Evening. The Letters Speak for themselves, and I must beg and I must beg of You to Use Your influence in obtaining for me the few weeks time I require and not put me to any further expence
I Keep a lot of Cattle at B. Wood but they are So very poor from the long drought and which I am sorry to add Still Continues that there is not one of them fit for Sale. and the Wheat Crop is a total failure in this part. If You will have the Kindness to explain this to the President of the Bank of N. S. W. He may allow the time I require.
You will add to the many obligations I am under to by answering this as Soon as You Conveniently Can and please let me know the amount of Credit Mr Baillie Mentions in His Letter. Mr Allen did not present me with a Bill of Costs on the last mortgage, but I think Young Mr Allen said it would amount to Six Guineas What ever the amount may be it will be forwarded with the Interest
J Smith

Felix Wilson Esqr New Town
Mar Sydney

[Felix Wilson was a director of the Bank of NSW who lived in Wilson St, Newtown - ed]




B Wood
Janr 6th 1848


Dear Stubbs
I hope e’en this you have sold the Cattle by private Contract if not and you find you Cannot sell privately Sell by Auction at a reserve of twelve Shillings Which as the Cattle are good is as low as I Can let them go at. However I am perfectly aware you will make the best bargain You Can —
One half the Money I Should wish paid when the Cattle are sold the other half When they Are delivered, If you Cannot obtain One half get what you Can as I am in want of some cash at present.
If You cannot obtain any part of the money until the delivery of the Cattle Stock dont let that prevent you from Selling. The Cattle to be delivered in the Month of Feby of the present year
J Smith
Mr Thos Stubbs




Birnam Wood
Febry 5th 1848


Dear Madam
In my last I informed You that I had written to my Son to forward any of Your Cattle that were fit for market along with some of mine as you wished to make sale of any that were fat. In answe, he informs me, that owing to the very severe drought none of Yours or mine are fit for sale.
On the 28th of last October I gave you notice to remove Your Cattle as I was about Sending mine to another Station Since that I have sold the Most of my Cattle and am to deliver them next month (early in the Month) at which time if You have people there to receive Yours we will Collect all we can of them. You must be aware that I am no longer responsible for your Cattle after having given You due and sufficient notice to receive them.
Mr Donald McDougall either is or will be shortly at Parramatta and Baulkham Hills, I understand He is about forming a Station and intends taking Cattle on Keep,— perhaps You and Him Can Come to some terms respecting Yours —
John Smith
Mrs Isabella Acres
P.S. I beg further to inform you that I have No Cattle Station having Sold it on Condition that my Cattle were to run on it for twelve months. On the last day of Janr 1848 the twelve months expired and tis not my intention to form another
JS




Birnam Wood
March 4th 1848


Take Notice
That a working Bullock Your property Impounded by me at Jerry’s Plains Yesterday and today is not prevented from doing damage to my property I Shall seek for Compensation at the Court of Requests for any damage done
John Smith

Mr Owen Campbell
Marywether




Birnam Wood
July 3rd 1848


Dear Stubbs
On my son the return of My Son John from Sydney the other day, I found on looking over your acct- I found I was charged 8 pounds, 13 shillings and ninepence on a balance ofan order I gave you on the Estate of the late Mr Jas Doyle in 1843 Which balance was paid to you in presence of Mrs Smith some years back and which I think I Call to Your recollection. Whem Mrs S. & I went to the Mart to pay you we found you up stairs getting an early Lunch, and you told us you were in a very great hurry as you had to go to a distance of 30 or 35 Miles that day to be in readiness to effect a Large Sale that was to come off the next day I think you said you were going towards Bringelly or Some where in that quarter
However you sent for the Book and the amount was made up and I paid You — You remarked at the same time how very Pompous Mr Norton had been when the order was presented to Him I recollect perfectly Mrs Smith remarking When we got into the Street that we had then paid the last Shilling Shilling we owed in Sydney with the exception of my debt to the Bank of N S Wales — Your Multiplicity of business no doubt has caused you to forget you having received payment. To me who has seldom much to do when in Sydney the recollection is as vivid as if it occurred yesterday
John Smith

Mr Thomas Stubbs
King Street Sydney




Birnam Wood
July 25th 1848


Sir
In answer to your Letter of the 24th Inst I beg to state that Mr C M Doyle is as far as I am concerned at perfect liberty to sell Mr John Smith’s bad debt to Him at Auction or any other way that suits Him and if Mr D. Could only persuade His Creditors to do the same by Him perhaps they would gain quite as much by having them sold at auction as they are likely to obtain in any other way — As to the intended advertisement, all those Who really know Mr Doyle will appreciate His Statement for quite as much as ’tis worth. I can prove it false. Please to accept my thanks for the very kind manner in which you have written to me on this subject
I am Sir your aff Sevt —
John Smith

Joseph Chambers Esqr
Solicitor Maitland




Birnam Wood
August 13th 1848


Dear Sir
Old Mrs Doyle in a Letter to One of Her daughters now living on the Hunter, Stated that I offered to Sell you Her Farm adjoining the One you purchased from Mr Cross, for the purpose as She Charitably expressed it of drinking the proceeds of the Sale.
Now I appeal to you if this is not a false Slander, as you are aware I never to offer to Sell you the Farm.
You will oblige me very much by Sending me a certificate thro the Post that I never directly or indirectly offered the Farm to you for Sale
The fact is Whilst I lived on the Farm I paid the late Mr Doyle rent for it —
John Smith
Mr J J Peacock
Milsons Point Sydney




Birnam Wood
Augst 28th 1848


Sir
In answer to your Letter ofthe 28th Inst I beg I beg to inform you that I have this morning written to Mr Charles Dight of Melbourne my son in law, who, I think will to save myself and a large family from ruin (thro being Compelled to pay the debt of a Person who might have paid them Himself long ago had He thought fit to do so) because the purchaser of 1785 Acres of Land the property of Mr A McDougall, on which the bank has a Mortgage also one Hundred head of Cattle which Mr McDougall is willing to sell to assist in paying his debt to the Comel Bank
I must request you will not proceed against me until I can obtain an answer from Mr Dight which will be in a fornight or Three Weeks at furthest(?) I would long since applied to Mr Dight who is in affluent circumstances to arrange this business for me, had I not Considered the Bank would, and I think in justice Should first Sell the actual debtors property and then look to His Surities for the deficency if any — an answer to this will much oblige & & —
John Smith
F Ebsworth Esqr
Comel Bank
Sydney




Birnam Wood
Sepr 11th 1848


Dear Sir
In answer to yours of the 5th Inst I beg to inform you I cannot Comply with your proprosal of giving Bills for the deficiency of Mr A McDougall’s back Credit Bond, and I am quite aware if I gave the Bills I should not be able to meet them and doctor Glennie tells me he cannot pay one Shilling of the deficiency
I have been Compelled to pay the Coml Bank upwards of One Hundred Pounds within the last fifteen Months for interest due on the bond, which Interest I am aware Mr A McD. Could have paid had the bank proceeded against Him
Mr Dight offers 300 pounds for the land provided the bond is cancelled / to save me from being forced into the Insolvency Court. The Land to Him is not worth 300 Shillings and I am willing to Sell the One hundred Head of Cattle when Mr A McD gives me an order to receive to the best advantage and hand the proceeds over to the Bank — If these proposals are not complied with I must request Mr Dight to withdraw His offer, as I Cannot think of allowing Him to throw away 300 pounds if that sum is not to deliver me from my responsibilty.
John Smith
To Ebsworth Esqr
Manr director Comcl Bank Sydney




Birnam Wood
Sept 14th 1848


Sir
Not Knowing what amount to forward to the Colonial Treasurer in payment of my depasturing Licence. I will feel obliged by your furnishing me with the necessary information
My Station is situated in the district of New England, is known by the Name of Torry Burn, and is advertised in the Govt Gazette as Capable of Feeding Seven Thousand Sheep
John Smith
The Colonial Treasurer
Sydney




October 24th 1848


Wrote to Mr Baillie in answer to a Letter received from Him dated the 20th Inst informing Him that I could Raise the Sum demanded by the Bank of N S. Wales and requested him to make it up
Same day wrote to Mr. F. Wilson to endeavour to obtain time from the directors to pay the Money —
Novr 8th Wrote to Mr Baillie in answer to His of the 31st of Octor 1845




Birnam Wood
Novr 16th 1848


Sir
Enclosed are three Cheques and One Order amounting in all to the sum of (12"8"0) Twelve Pounds Eight Shillings which I believe is the amount of the Interest due on my debt to the Bank up to the 20th Inst — Please send a Receipt When Convenient
John Smith
The Cashier of the Bank
of N. S. Wales




Birnam Wood
Feby 24th 1849


Dear Sir
I wish you to sell either by Auction or private Contract 2450 mixed Sheep together with a Station, the Sheep were bred by myself and are of good quality and I will warrant have never been diseased, the sexes are about equal in number and there are only 167 old Sheep amongst them, no Lambs and the rest arranging from 18 Months to 3 years old Messrs Flower Salting and Co Sold part of the wool Shorn from these Sheep — 15 Bales the other day at 11 pence per lb
The Station is situated on the Bundurra River dist of New England and is Capable of Feeding Ten Thousand Sheep, is a series of Box Ranges and is abundantly watered in the driest Season and is only Thirty miles from Armadale, Messrs Morse & Tourle Whose Station Ajoins offered 625 pounds for Station and Sheep and you will perceive from the Copy of a Letter on the other side that they regret not being able to Complete the purchase.
I Cannot take less than 525 pounds for the property Cash if it can be obtained but if you Should find a difficulty of obtaining Cash, 25 per Cent paid immediately the Sale takes place will suffrce for the present and a Bill with your Guarantee at three Months will answer for the present remainder
These are at the principle Station a Slabed Cottage and Kitchen also a small Paddock and Shepherds Huts at the out Stations There are also as many good Hurdles as is sufficient for Five Thousand S. which will be given in as I intend to bring the remainder of my Sheep within the boundris
You can advertise this property as many times as you deem Sufficient, but I think it should appear in the Maitland Mercury as well as in the Sydney Morning Herald, if a Sale Cannot be effected you will of Course Charge me no More than your actual outlay
J Smith
Thos S Mort Esqr
Sydney




Birnam Wood
March 13th 1849


My dear Madam
Mr John J F Doyle was at B Wood the other day and in Conversation respecting the Sale of Sheep, Smith’s Bill etc etc He positively ascerted that yqu told Him that my son John Called at Lorn to Solicit your Husband to Indorse Smith’s Bill and not finding Mr McDougall at Home He then proceeded to Mid lorn and there as you believe obtained Mr C M D’s Indorsement
I would be sorry to accuse Mr J F Doyle of making a wilfull mistatement and must be charitabble enough to Suppose He misunderstood your conversation with Him on the Subject
As Mr Doyles Statement rquires eluciclation your answe to this as soon as convenient will much oblige

My Dear Madam
Yours truly
John Smith

Mrs Alexr McDougall
Lorn




Birnam Wood
May 26th 1849


Sir
Enclosed is an Order on Messrs Flower Salting & Co at Three days sight drawn in my favour by Mr Charles Blaxland for the sum of One Hundred and Seventy Pounds being the full amount received for 1700 Sheep the remainder of those mortgaged by me to the Bank of N S Wales in Octor, 1847 — From that period until the present time there has been a decrease of rather more than two Hundred, most of the decrease that took place during the heavy rains early in Janry 1848 which proved fatl to many Sheep at Liverpool Plains and New England. In your Communication the 21st Inst which I received yesterday you state that I had not given you the necessary information as to the number of the Sheep and who was the purchaser In answer I beg to Inform you that I gave you all the information I possessed at the time, the exact number of Sheep I did not Know and I Stated that they were Sol to a Mr Joseph Cooper of New England at two Shillings per Head and that the amount of the purchase would be placed in the Bank some time this Month
Mr Charles Blaxland Called on me on the 23rd Inst and informed me He was the purchaser of the sheep and that Mr Cooper was His agent in the transaction
In Octor 1848 I mortgaged 2500 Sheep to the Bank of New S Wales. In may 1848. I Sold 600 prime young Ewes to Messrs A Cohen & Co at 5 Shillings per Head and Handed (foruarded — crossed out) the proceeds over to the Bank. Since Which Sheep have fallen upwards of 100 per Cent in value early in the present month the remaining 1700 I Sold to Mr Joseph Cooper Mr C Blaxland’s agent at two Shillings per Head, making in all Three Hundred and twenty Pounds, which I think the most fastidious would acknowledge a fair price in the present very depressed State of the Market. As the whole of the Sheep are sold and the money paid into the Bank I must in justice to the purchasers request the Bank to release the Mortgage on them, on the 23rd Inst I forwarded the Interest due on the 20th Which I hope you have received
John Smith

J. H. Baillie Esqr
( Bank of New S Wales )




Birnam Wood Jerry’s Plains
17th Sept 1849


Sir
Understanding that a neighbour of mine named Spencer the present proprietor of Land Situated in the county of Hinton at the Junction of Cockfighter’s Creek with the River Hunter known as Blaxland’s grant has applied for and obtained Some land under the presumptive right adjoining his land(?) Aust(?) Situated between here and Cockfighter Creek . ) being under the impression the impression that The Land for which he claims is less than that specified in the Goverment Order ie Six Hundred & forty Acres I beg leave to request that you will be pleased to inform one whether Such is the Case, as under any circumstances the renting of the land will be a Source of great annoyance to many people in the neighbourhood but more severely felt if occupied in an unjust manner

I have the honor to be Sir
Your Most obt Servant
J Smith Ese

To the Honble
the Colonial Treasurer
Sydney. (




Birnam Wood
Janr 6th 1850


Dear Mc
I did hope that my depressed Circumstances (which must be perfectly Known to you) would have prompted you to Send me at least part of the balance due on acct of money paid by me on your drauft with the Coml Bank, two years and a half and two years ago, without putting me to the painful alternative of asking for it, which I am sorry to say my present prospects compells me to do.
I am Still in debt for part of the Cash I borrowed to pay your Interest, and have been paying Eight per Cent Interest ever since besides five per Cent Commission where I received the Loan
As my wool will not pay my debt to Messrs Flower & Salting. I request you will assist me by paying at least Ten pounds as soon as you possibly can, as that Sum will help me a little and I think I need hardly add that thou necessity alone has compelled me to ask you for that amount. Emma sends her love to Sophy & Family
I am
Dear Mc yours truly
John Smith

Andrew McDougall Esqr
Kelso Place




Birnam Wood
April 6 1850


Dear Mc
I wrote you three months ago requesting you to pay Ten pounds of the Many you have owed such a very long time and explained my distressed circumstances in my letter.
You promised Mrs Smith you would pay it and said you would Sell Some Sheep for that purpose.
I must again Call your attention to my wants and request you will with as little delay as possible pay the Ten Pounds
I hope this will find you all in good health

I am Dear Mc yours truly
John Smith




Birnam Wood
Apl 22nd 1850


Dear Mc
I Shall not attempt to answer your very unsatisfactory Letter of the 11th Inst, but request to Know how many good Ewes, you let me habe for 10 Pounds and I will endeavour to get them down.
you had better Sell the 100 Head of Cattle as soon as possible as we are all liable for the debt until they are sold
John Smith

Andrew McDougall Esqr
Kelso Place




Birnam Wood
May 5th 1850


Dear Mc
In answer to Yours of the 27th Ulto, I beg to say that, I am willing to allow Five Shillings per Head for 40 good Ewes that being the price you set upon them, and I will thank you to give Cyrus an order on whoever has them in Charge to give me or any person I may send to receive them to deliver number of Ewes, their ages to be under four years
John Smith

Andrew McDougall Esqr,
Kelso Place




Birnam Wood
Octor 1st 1850


Sir
Enclosed are the remaining halves of a draft and Cheque drawn by Mr Chas H. Dight on the Bank of Australasia Sydney. The draft for 150 Pounds. The cheque for 21 pounds l5 shillings being payment in full of my debt to the Bank of New South Wales with the exception of the Interest on 17 Pounds 15 shilling since the 20th of May last
Please to acknowledge the receipt of this and I will forward the Interest due
J Smith.
The Cashier of the Bank
ofN S Wales




Birnam Wood Jerry’s Plains
Octor 1st 1850


Sir
Enclosed is a Cheque on the Bank of Australasia Sydney for the Sum of 26 Pounds 5 shillings drawn in my favour by Mr Chas H Dight of Melbourne. Which you will please to place to my credit and I will thank you acknowledge the Receipt ofenclosed by return Post The Cashier of the Bank of Australasia Sydney

[These last two letters were recorded twice in John Smith’s ledger - ed]




Birnam Wood
Octr 14th 1850


Sir
Enclosed is a Cheque on the Bank of Australasia Sydney for the sum of Four Pounds Seventeen Shillings, which is the interest due by me to the Bank of New South Wales, and as this Clears off my liabilities to the Bank, I will thank you to forward by Post The Mortgage Deeds, transfers & etc I gave the Bank.
If the Parcels are marked Deeds only the Postage will be the same as on a letter I enclose Three two Penny Stamps which I suppose will be sufficient to pay the Postage
The Interest is Calculated up to 5th Inst — on which day I believe you obtained the amount of draft and Cheque
John Smith

The Cashier of the Bank
of N S Wales




Birnam Wood
March 21st 1851


Dear Sir
I received yours of the 13th Inst, and beg to inform you that, I consider I have been so grossly impossed on by those Hallelujah Whistling, Psalm Singing, Kingdom Come Preaching fellows, that they shall never have another Shilling of My Money if I can help it.
The deeds may lie in their office until they rot I will never release them

I am & etc John Smith

J C Eastmune Esqr
Singleton



Mem. The vediclha Grape has often too much Sugar and too little Ferment or Leaven it.
The Gavias have too much Leaven in proportion to the sugar they contain




Great Lodge Jerry’s Plains
Augst 2nd 1851


Sir
We the Excutors to the estate of the late Mr Hobden, request you will transfer the Cash deposited in the Union Bank of Australia to the Credit of Mr R Hobden to that of the Estate of the late Mr R Hobden So that the Ecutors may be enabled to dipose of it according to the provisions of the Will
We remain
Sin & etc
J Smith(
R Holden)

The manager of the Union
Bank of Australia Sydney




Great Lodge Jerrys Plains
Augst 2nd 1851


Sir
We the Excutors to the Will of the late Mr R Hobden request you will transfer the Cash deposited in the Bank of Australasia Maitland to the Credit of Mr Hobden to that of the Estate of Mr R Hobden So that the Excutors may be able to depose of it according to the provisions of the Will
We remain
Sin &etc &etc
John Smith(
R. Hobden) Excutors

The Manager of the Bank
of Australasia Maitland




Birnam Wood
Apl 20th 1851


Sir
The enclosed Pr Note for Ten Shillings, my son took in change from William Rhodes.
You will oblige me by forwarding an order by Post for the amount on your Agent in Maitland or Sydney
your obt Svt John Smith

David Mclntyre Esqr
Blairmann



Copy of Note

10 shillings
Waverley 25th March / 51
I promise to pay William Rhodes or bearer, for Self and Men’s accommodation Ten Shillings St

Signed David McIntrye




Birnam Wood
Augst 2nd 1851


Dear Sir
Mr R Hobden and I as excutors to the Estate of the late Mr Hobden, wish you to inform us, whether the money now in the Bank. the property of the Estate and which has been accumilated since the will was made is to divided amongst the whole of the Family, Male and Female Share and Share alike and whether Mrs Hobden is to receive a Childs Share, also at what time it is required to have the Will Registered And likewise whether it is necessary for One of the Excutors to proceed to Sydney for the purpose of putting Mr Henry Hobden and Mrs Hobden in possession of the property denisd to them in George and Kent Street

your obt & &
John Smith. Excutor

J C Eastmunn Esqr
Solicitor Singleton




Birnam Wood
June 9th 1852


Sir
In answer to yours of the 29th Inst. I beg to inform you that I decline taking any Shares in the New Steam Navigation Company, as I am certain there must be a great reduction in the export from the Hunter owing to nearly the whole of the labor being withdrawn from Agriculture and Industrial pursuits to that of Gold Digging, and I hear when the Company’s Steamers are ready to ply they will find little to do.
I have the honor to be Sir your obt svt John Smith

Mr George Faircloth




Birnam Wood
August 9th 1852


Dear Sir
I request you will Cause(?) the land held by Mr R Hobden in this neighbourhood under presumptive right to be put up at Auction as whatever Claim He may pretendto have had. He can have none now, as the Land 920 Acres in all, is now by the will of the late Mr R Hobden is now divided into three nearly equal portions amongst His Children. Mr Hobden never had any Claim to the land in question and must have obtained it sureptituously by representing the whole of the 920 Acres of Land as the property of His Father, whereas 300 Acres of it is a Grant to himself. Mr Hobden holding holding this land is not only a very great inconvenience to the People of this neighbourhood as no Stock are allowed to tresspass on it, but it is a loss to to the revenue for if put at Auction it will realize three times the amount Mr R pays for it.
J Smith

John Gaggin Esqr
Commissioner of Crown Lands




Great Lodge
Sepr 30th 1852


Sir
A cheque having been returned that we drew on the Union Bank of Australia in favour of Mr Richd Hobden for Ten Pounds an’cing we are informed to your not having our Signatures, We now Enclose them
J. S. )Excutors
R. H.
The manager of the Union
Bank of Australasia Sydney




Great Lodge
Jany 4th 1853


Sir
We thank you to let us Know the Amount of Cash there is in the Union Bank of Australia to the Credit of the Estate of the late Mr R Hobden as we are Called upon to apply it to the purpose appointed in the Will
J.S. (Excutors
RH)
The manager of the Union
Bank of Australia Sydney




Birnam Wood
March 18th 1852


Sir
On the 2nd or 3rd Inst I Posted a Letter to you enclosing a Cheque in the Bank of Australasia Sydney for Four Pounds and rquested you to pack Hoggs Registrar in a Case directed to me, Care of Mr James Moore Singleton, and also to send me in the package Homers Odessy and a box of the best Magnum Connors Pens. As I have not received any communication from you I am fearful you have not received the remittance, An answer will oblige, your obt Sevt
John Smith
Mr Jeremiah Moore
Bookseller George Street Sydney




Birnam Wood
Apl 10th 1853


Sir
I wrote you on the 18th Alto informing you, that had on the 2nd or 3rd of the same month enclosed a Cheque on the Bank of Australasia Sydney for the sum of Four Pounds, drawn in your favor, being as I intended payment for Hoggs Register etc etc and directing you to have the Books packed in a Case and sent to my address Care of Mr J Moore Singleton
I find the Cheque was presented at the Bank and paid on the 14th of last month, as the Letter in which the Cheque was enclosed was a registered one I must suppose you received it, and certainly feel a good deal annoyed at neither having an answer to my Letters of the 3rd and 18th of March or any acknowledgement of the receipt ofthe Cheque
When Mr Meston reccommended me to apply to you for any books I might require, I imagined from the high Character He gave me of you, that you would not only attend to my orders, but ackowledge without any delay the receipt of Cash. As you have not done so I must beg to point out the priority of either forwarding the books or returning My Money
John Smith
Mr Jeremiah Moore
Bookseller G St Sydney



Summons
To Martin Nelson and Christin




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