Michael Spence (1808 - 1885)

Born 22 Sep 1808 in Kinnoul, Perth, Scotland

Ancestors

Husband of Mary (Slater) Spence — married 13 Mar 1827 (to 1832) in London, England, United Kingdom

Husband of Ann (Marsh) Spence — married 19 Sep 1831 (to 1832) in Saint Andrew, Holborn, Middlesex, England, United Kingdom

Husband of Emily Maria (Hollis) Spence — married 31 May 1851 in St. James Church, Sydney, NSW, Australia

Descendants

Died 15 Apr 1885 at age 76 in Port Macquarie, New South Wales, Australia

Problems/Questions Profile manager: Andrew Lancaster [send private message]

Biography

Michael Spence was a convict after the Third Fleet transported to New South Wales

Baptism in Scotland

Although both Michael's parents were actually born in south London, his father's family had Scottish roots and property, in and around the city of Perth. For whatever reason, they were near Perth for Michael's birth and baptism.

Scottish church records show that Michael Spence was born 22nd and baptised 29th September 1808 in the parish church of Kinnoull, Perthshire. (By default, normal parish churches in Scotland were Presbyterian). In the Scottish style of the time, both his parents names are given fully on the birth register including his mother's maiden name. His father was granted a “Mr” indicating respectability and "gentleman" status in those days. At that time they were apparently residents of Bridgend, the small suburb over the river Tay from the old town of Perth.

London bigamist

The marriage records in London:

• The marriage with Mary Slater was 13 Mar 1827 at St Bride Fleet Street. Though they were bachelor and spinster, they were married by banns. (Mary was apparently pregnant.) The first witness mentioned is one William Wright, who appears on most marriages in that register. The second witness appears to be Mary Susannah Fay or Pay.

• The marriage with Ann Marsh was 19 Nov 1831 at St Andrew Holborn. This was again by banns. Two witnesses are named, Edward Greenfield, and Elizabeth Gater, who unlike the others left her mark, rather than a spelled out signature.

The following letter is on record as having gone to the judge:

1 Trafalgar Street East

Walworth 29th Oct'r 1832

My Lord

It is with great reluctance, and submission, I venture to state my case to your Lordships consideration. I am the legal wife of Michael Spence who was convicted of Bigamy, at the sessions held at the Town Hall Southwark on Tuesday the 16th inst. before the Recorder of London - I was married to him, by Banns, at St Brides Church, on the 13th of March 1827, and have three children by him, now living namely, one girl 5 years old, one boy 3 years and one girl 1 year and a half old, my parents were respectable as well as my connexions.

After our union, my relatives put us in possession of a house, rent free, and genteely furnished it. - They also obtained a considerable appointment for my husband, who till then was in indifferent circumstances, his parents not having the means, or having contributed in the smallest degree to our benefit, tho' they expressed their fullest satisfaction at our prospects. - We lived happy for some time, and should have continued so, but my husband became addicted to other females, and at last formed an acquaintance with Ann Marsh, a woman of the town, and known as such at Union Hall. - And subsequently married her on the 19th Nov'r at St Andrews Holborn, she well knowing at the time he was a married man and had three children I having appraised her of it myself. - On his becoming acquainted with this woman he neglected his family and home, spending his means in the utmost profligacy with her, leaving me and his children without food or the means of procuring it, and we must ultimately have become paupers, had it not been for the assistance of my relatives. - He even attempted to take the beds from myself and children, with the furniture to carry to the lodging of Ann Marsh, and because he was restrained he wantonly destroyed part of it, and would have demolished the whole, had he not been prevented by the kindness of my friends. - He afterwards expressed great contrition before his father, and promised to amend his conduct, and I was in hope his sorrow was sincere, but instead of amendment he behaved worse than before, and actually married Ann Marsh a few weeks after, and when I discovered it he left me and resided entirely with her, and used me and the children with the greatest barbarity uttering the most horrid threats, so that I was constrained to prosecute him for bigamy as before stated; - to which he pleaded Guilty in hopes (as I learn) of mitigation of punishment in order that he might continue his connexion with Ann Marsh as he has frequently threatened "to do for me as soon as he is liberated" which I have no doubt would be the case, and wholly leave my poor dear children entirely destitute who are now supported by my exertions at Needle Work with some small assistance from my relatives. - Under these sad circumstances I most humbly implore your Lordship will protect us from this calamity by not recommending the duration of his punishment to be shortened.

I have the honor to be, My Lord,

With the most profound submission and respect

Your most ob'dt and very humble servant

Mary Spence

I hereby certify that the forgoing statement is correct and also that the conduct of Mrs Spence to her husband and family has been at all times exemplar which he (the husband) likewise acknowledged in the presence of his father

Caleb Parker

No 5 Walworth Place

Walworth Road

The Morning Chronicle of Wednesday, October 17, 1832; reported that in the Southwark Sessions on Tuesday Michael Spence had pleaded guilty and been sentenced to seven years transportation. It is interesting that the summary mentions specifically that the recorder "urged him very strongly to reconsider his plea".

A little more colour is added by the story in the London Standard 21 September 1832

Michael Spence, an account of whose examination on Tuesday last appeared on Wednesday, was brought up for final examination.

John Blazer, police constable, produced the certificate of marriage with his first wife, Mary Slater, on the 13th of March, 1827, at St. Bride’s church, Fleet-street.

Mary Slater deposed, that she was married to the prisoner at the time above stated, and by him she had two children, which were then in the office.

Mr. Alderman Ansley said, that from the evidence adduced he should commit the prisoner for trial; upon which the prisoner (who is a well-looking young man) said, “Thank you, sir.”

The prisoner, when leaving the office, with great sang froid said to both wives “Good bye, my chucks;” and to his children, “Farewell, my little dears.” One of the children is by the second wife.

Chuck was a slang term of endearment for a close acquaintance. More information comes from London Standard 19 September 1832, covering the original examination. It again emphasizes Michael's appearance, and his coolness about the case.

TOWN-HALL.--Michael Spence, a young man of fashionable appearance, was yesterday charged with intermarrying with Anne March, his first wife, Mary Slater, being alive.

Anne March, an interesting young woman, with a child in her arms, stated that she met the prisoner in the month of July, 1831, which subsequently led to their marriage at St. Andrew’s, Holborn, on the 19th of November, in the same year; the child in her arms was the issue of that marriage. She had received information that the prisoner had been married to another woman, by whome he had a family, and he frequently absented himself. She eventually ascertained that the prisoner had been married in the year 1827 to his first wife, Mary Slater.

Elizabeth Anne March, the sister of the last witness, stated that the prisoner and her sister were married at the time stated by the prosecutrix. The witness recognized the prisoner as the party who intermarried with her sister.

Mary Ann Slater, the first wife, stated that she was married to the prisoner on the 13th of March, in the year 1827, at St. Bride’s Church, Fleet street. The prisoner represented himself as a clerk to a merchant in the city. Three children were the issue of that marriage.

Mr. Alderman Ansley.—Well, what have you to say to this charge?

Prisoner.—I have nothing to say beyond this – that my first wife was with child when I married her, and so was my second. They were with child by me before I married either of them, and from threats I married them.

Alderman.—I shall reman you until Thursday to prove the marriages.

Prisoner.—Why not commit me at once?

Alderman.—I must act upon the law laid down, which requires the production of the certificates, as also evidence of identity. You must therefore be remanded until Thursday next.

The prisoner was then removed.

The children mentioned in Mary's letter of 1832 were baptised in St Peter’s in Walworth, again in Surrey, in what would today be called south London:

• Mary Spence born 27 September 1827, baptised 24 October 1827
• Alfred Spence born 16 July 1829, baptised 5 August 1829
• Frances Spence born 21 March 1831, baptised 12 June 1831. Genealogist Andrew Lancaster has a note that Frances died (or perhaps was buried) 22 July 1834.

The child of Anne March, is perhaps this baptism in St John Horselydown, Bermondsey, with parents Michael Spence and Ann. This Michael was described as a Gent of Herold Place.

• Eliza Ann Spence born 7 Jun 1832, baptised 8 Jul 1832. The Eliza Ann who appears later in censuses seems to be a daughter of another couple, Robert and Charlotte, because in one case she has a sister Louisa. Possibly Michael's daughter changed surname legally after the court verdict?

One member of this family who can be traced is Alfred Spence. See his article.

Australia

Michael Spence was sentenced to seven years, and was shipped to Australia on the Asia, arriving 27 June 1833. As a “government servant” he was assigned to a well-known figure of early Port Macquarie, the surgeon Dr Jean Baptiste Charles Lamonnerie, also called Dr Fattorini, who was said to be the illegitimate son of Napolean. Michael’s convict record shows his occupation had been as a merchant’s clerk before he was convicted. Michael and Dr Fattorini also appear in a legal case in 1843, showing that his life may not have been the typical one of a convict. In the case of “Templeton and another versus Stokes” reported in the Sydney Morning Herald for 7 November 1843, the Templeton involved was a trustee of the estate of Fattorini, who was in sequestration, trying to get back a load of 35,000 bricks which had been delivered by the firm of “Spence and Co.” to Stokes. It appears that Stokes argued that this was a trick, and that he had rights to keep the bricks, presumably in lieu of debts owed by Fattorini.

After the case had been opened, a number of witnesses were called to show that although the name of Spence and Co. was used, yet Michael Spence was merely a servant employed by Fattorini, and had no interest in the firm. Mr. Fattorini being called, deposed, that so far as the brick-making and lime-burning business was concerned, Spence was his partner; and he had reason to believe, that, at the time when he (Fattorini) sequestrated, the bricks in question were not even made.

Fattorini (and Spence) lost this case. In the normal style of the time, these records refer to Spence as a “servant”, not a convict, which is what is implied. This Spence and Co. arrangement had come under a lot more examination in the more general proceedings concerning Fattorini’s building business a few months earlier, as reported in the Sydney Morning Herald of 14 February 1843. There is a remark made by Fattorini there that “Spence has been free now for three years” which would be correct. “I swear that I never told any body that I joined in this partnership with Spence for the purpose of getting credit.”

A few years later, Michael married Emily Maria Hollis, on 31 May 1851 at Saint James Church in Sydney, in what was then called the county of Cumberland in the colony of New South Wales - in other words the Sydney area. Michael was described as a widower, which is apparently how bigamists were considered after their sentences. The witnesses were John Lainst of Gloucester Terrace and G. Lott of Gloucester Terrace. This is quite far from Port Macquarie.

It was also discovered that there was a child born in Sydney in 1850, before this marriage. An interview was done by Jean Pearson for the Hastings District Historical Society in 1963, with Michael's grandson William Stanley Spence. He remembered an uncle George Bentinck Spence who had been a policeman, but he appeared in none of the records in Port Macquarie, and no baptism could be found at all. Then he was found in the Police records.

ServiceNo Surname FirstName DOB NativeOf DateAppointed Reel Item

3867 SPENCE George Bentick 1850 New South Wales 15 Feb 1880 3043 [8/3252] -

2250 SPENCE George Bentnick 1850 New South Wales 11 Feb 1873 3043 [8/3251] -

3867 SPENCE George Beulick 1850 New South Wales 15 Feb 1881 3043 [8/3251] -

Newspapers from the time show he spent time in the Hunter Valley, in Muswellbrook. George’s death certificate has also been found (see below), clearly naming his parents, and agrees that he was born in 1850, almost certainly before the wedding. Perhaps his birth was registered under a different name, because it has not yet been found. George Bentinck Spence was not mentioned on the death certificate of Michael along with the other children, although it seems from later accounts that the children and grand children knew about this son and that he was a policeman. When George died, 3rd June 1889 in Newcastle, a 38-year-old single salesman, his mother Emily Spence of Port Macquarie was there with him.

Genealogists John & Chrissy Wellborne have pointed out that George must have been born before the marriage, and he was in fact possibly born before she met Michael Spence, who was therefore possibly not his real father.

Here are Michael and Emily’s better known children, from whom all Australians in this Spence family descend:-

• William Andrew Spence: born 10 February 1852 married Elizabeth Mahony in 1872 died 20 February 1937
• James Frederick Spence: born 11 April 1853 married Martha Wood in 1883 died 28 June 1896
• Henry Burdett Spence: born 11 February 1855 Single died 10 June 1923
• Emily Maria Spence: born 19 August 1856 married William Ringland in 1875 died 20 March 1946
• Edward Denny Spence: born 8 February 1859 Single died 11 August 1860
• Peter Andrew Spence: born 9 October 1860 married Mary E. Foster in 1882 died 1920
• Margaret Agnes Spence: born 4 September 1863 married Stephen Donovan in 1888 died 11 July 1945

The Sydney Morning Herald for 23 June 1851, not long after the wedding, records the end of another partnership…

SPENCE AND MIERS.

NOTICE.-The Partnership heretofore subsisting between Michael Spence and Robert Miers, as Storekeepers and General Dealers, at Kempsey, in the district of Port Macquarie, under the style of Spence and Miers, is this day dissolved by mutual consent. All debts due by the said firm of Spence and Miers will be paid by the said Robert Miers, and all debts due to the said firm are to be received by him, the said Robert Miers, as witness our hands at Sydney, this 21st day of June, A.D. 1851.

MICHAEL SPENCE. ROBERT MIERS.

Witness to signature, W. COLLIE. 12177

Soon after this, Michael started appearing in lists of licensed spirits dealers for Port Macquarie, for example in 1852. (Robert Miers also appears in those lists.) Michael also appears in insolvency records, as a Port Macquarie Storekeeper 19/12/1860. (Doctor Fattorini appears in those records more than once.) This situation did not last long. The Sydney Morning Herald’s insolvency court section for 19/2/1861 reports a single meeting, “insolvent was present, but, an arrangement having been made for the release of the estate from sequestration, no debts were proved”.

Perhaps the most remarkable record showing how convict histories were treated in these times comes from the apparently rather passionate debate about Michael which was had in the Parliament of NSW itself, reported 9 July 1881 in the Sydney Morning Herald, upon his being commissioned as a Justice of the Peace for Port Macquarie. A Mr Young, member for Hastings and Macleay, started it:

He was surprised to find the material out of which two of these magistrates were made. With reference to one of the others, he had received a letter from a gentleman in the district [Mr Young then read the letter and cries of "Name! name!"] He did not wish to injure this gentleman (Groans.) Well, then, the name was Edward Beck. With reference to the other appointment the same gentlemen also wrote to him (Cries "Name! name!" ) The name was Michael Spence. [Mr MELVILLE: Who writes the letter?] That he did not think, he ought to say, (Uproar) He had also to read something written in the public press at Port Macquarie, over the signature "Pro Bono Publico" (Laughter) (The letters and the newspaper extract spoke in very condemnatory terms of the character and social standing of the persons related to.)

Spence’s nominator, Mr R.B. Smith, apparently member for the Macleay, started the responses, which became quite heavy:

He knew nothing of Mr Beck, but he had great pleasure in stating that he took the responsibility of the appointment of his old and esteemed friend, Mr Michael Spence, one of the most respectable and worthy residents of Port Macquarie, a colonist of 50 years' standing, and a man who had filled different positions with credit to himself, and satisfaction to the public. He was a man whom he thought he would not honour at all if he made the slightest comparison between him and his accuser, for morality or otherwise, for any point of integrity, honesty, ability, trustworthiness or morality. (Laughter.)

Smith challenged Young to make a specific charge. He had clearly prepared, and had letters ready, including not only the letter recommending Spence, and showing he had been the subject of quite some checks, but also the letter Young had already sent to the government. Mr Levien then made a statement, including an accusation that Mr Young was a “coward and a cur” for his action. He accepted the speaker’s request to retract the words but said that he “would never be the moral coward to come into the House to attack a man for something that took place fifty years ago”. Sir Henry Parkes chipped in saying that although mistakes might well be made in such appointments he was very satisfied with Michael Spence, and had looked into the case carefully. He had a letter from Mr Spence which repeated the statement that no specific accusation was made. Parkes felt the complaint of Mr Young had actually worked to the advantage of Spence. A Mr Forster thought they had been a bit hard on Mr Young, but he also confirmed his basic agreement with the government’s decision. The conclusion of his speech shows that everyone knew what the accusation was against Spence, and it strongly implies that this type of thing was quite common:

There were two allegations against Mr Spence, one of which was that he had not sufficient property. That had been disposed of by the statement of the hon member for the Macleay. Another painful subject had been alluded to, and which they could not avoid mentioning as it had been alluded to. Even supposing Mr Spence had been convicted in former davs he maintained that that should be no disqualification (Hear, hear) It would be a most monstrous wrong to numbers of worthy and honest people to enforce a rule of that kind. Surely it was enough that the law had been put in force, and they knew enough of the sentences that were passed, and the crimes charged against people in those days, to be perfectly aware that hundreds of offences would be passed over now with the most trivial notice. He thought it was a most ungenerous reminiscence to revive in the present day, after so many years had passed. He believed there were numbers of men of that class who had been some of our best colonists in integrity, honour, and public usefulness and he hoped after what had passed that night that they should have no more objections made to appointments of the kind upon that ground at least (Hear, hear)

The Sydney Morning Herald’s “Country News” section for Thursday 16 April 1885 gives the following for Port Macquarie:

Mr. Michael Spence, J.P., an old resident of the district, dropped dead this morning from apoplexy.

The weather is unsettled and showery.

A longer story of Michael's passing away appeared in the The Maitland Mercury & Hunter River General Advertiser Saturday 25 April 1885, page 13:

Death of Mr. M Spence, of Port Macquarie. (Port Macquarie News, April 18)

We have this week the mournful task of chronicling the death of one of the oldest residents of Port Macquarie [Note: only 77], namely Michael Spence, Esq., J.P., who expired suddenly at his residence on the morning of Wednesday last. Mr. Spence had been complaining of a light cold previous to the hour of his death, but nothing of a serious nature was apprehended until about 8 o'clock on Wednesday morning, when Mrs. Spence, the wife of the deceased gentlemen, found him lying upon his face in the back premises. His two sons were then speedily summoned, and Mr. Spence was removed two his bed where he remained sensible up to the last moment of his life. He expressed himself as having no pain, and Dr. Cortis arrived in time to examine him alive ; but very soon after the doctor's arrival Mr. Spence breathed his last. His last words were addressed to his son, who was present, and these were " Willie, Willie, I am going." Mr. Spence was in his 77th year when he died, and he had resided in Port Macquarie about 52 years. Deceased was born in Perth, Scotland, and had spent some of his early years in England, previous to his arrival in Australia. His sister was the wife of the late celebrated war correspondent, Cameron, of the London Standard, killed in the Soudan ; and his family connexions in the old country were of a superior class. [Note: to be discussed below] Mr. Spence will be very much missed by a large class of people in Port Macquarie, who were benefitted by his experience, advice, and shrewd intelligence in many ways. He had taken an active part in public affairs during the whole period of his residence in the town, and was for many years, and up to the last decade, its postmaster. There were few matters of public interest in the locality that did not receive the attention of Mr. Spence, and he was always energetic and persistent in anything he took in hand. We learn that Dr. Cortis certified to the cause of death as being apoplexy ; but Dr. Casement, who examined the body after death, was of the opinion that death resulted from old age and the regular wearing out of the springs of life. The deceased had a strong constitution, was strictly temperate, and never suffered from serious illness. He passed away without a struggle.

Michael was buried 16 April 1885 in Port Macquarie, one day after his death.

Sources

• Michael and his ancestry are discussed on a webpage by his descendant Andrew Lancaster.

Acknowledgments

Thanks to Philip Clark for starting this profile.