Category Archives: Hartshead

Borough Court Records: Crime, Punishment & Bastardy in Batley – Part 2, “Kissing Cousins?”

This is the second part of my Batley Borough Court records series. Part 1 can be found here.

Mary Jennings was my 2x great grandmother’s sister, the daughter of Ann Hallas and Herod Jennings. She was born on 16 May 1858, probably in Hartshead, and baptised on 18 May 1859 at St Mary’s, Mirfield.

By the time of the 1881 census her father, Herod, was dead. She lived at Clark Green[1], Batley with her widowed mother Ann who headed the household, and brothers William and James.

Relation Frank Thornton, a 23 year-old coal miner from Hartshead, was also present that census night.  Ann’s sister Louisa Hallas and her husband George Thornton had a son, Franklin, born on the 31 January 1858. Baptised at St Mary’s, Mirfield, on the same day as Mary, his name was often shortened in records to Frank. I assumed this was the man in the Jennings household.

There was a final member of the household that 3 April night: A one-year-old girl named Sarah Ann. She is described on the form as daughter. However Ann at this stage was 56 and a widow for over three years.  Without a birth certificate I worked on the theory Sarah Ann was Ann’s granddaughter. Her birth was registered in Q2 1880, but it’s a case of another too costly certificate to satisfy idle curiosity. Subsequent censuses proved the theory though.

On 24 April 1890 Mary Jennings married 32 year-old mill hand William Blackwell at Batley Parish church. In the censuses of 1891 (Batley) and 1901 (Sherburn in Elmet), Sarah Ann is living in William and Mary’s home, described as “daughter”.

Batley Parish Church – photo by Jane Roberts

But I still did not know who Sarah Ann’s father was…..until I looked at the Batley Borough Court records. On 2 July 1880, shortly after Sarah Ann’s birth, Mary Jennings was named as the claimant and Frank Thornton the defendant in a bastardy case. The hearing was adjourned until 5 July when, in Frank’s absence, an order was made for him to pay 3s per week until the child reached 13 years of age. As well as court costs, he also had to pay £1 10s for the birth expenses.

There now followed a regular procession of non-payment cases. Newspaper reports and prison records flesh out the sorry story. The Batley Borough Court records made tracing these additional sources so much easier. The newspapers involved are not online, so no Optical Character Recognition (OCR) search help here. The prison records only provide the prisoner’s name, so that first court case name lead was crucial for searching these.

The first of the non-payment cases in response to the 5 July 1880 award occurred on 13 May 1881, just over a month after the census. Mary, according to a note in the register margins, was destitute. The upshot was a two month prison sentence for Frank. He served his sentence at Wakefield. The “Nominal Register” prison record provides a description. Frank had received no education and worked as a collier. He stood at s shade over 5’10” with brown hair. The entry also shows he had four previous convictions, with the reference given to his last prison register entry, enabling backtracking.

Another method of looking at convictions is via the “Index to [Nominal] Registers”.  These may span a number of years. It means you can track the references to all previous prison register entries in that time span in one go. They too provide a basic description and birthplace of the prisoner. The Index has not been catalogued in the Ancestry search, but I found it a useful complementary check because some of the “Nominal Registers” have missing volumes which the Index can help fill.

Anyway back to Mary and Frank. Clearly the prison sentence shock failed because he was in court again on 22 May 1882. By then he owed £10 6s in bastardy arrears and, in addition to costs, the court ordered him to pay £1 immediately and thereafter 8s a week to pay off the outstanding balance. It seems this was complied with. There is no record of a custodial imposition.

There was an interval of nearly four years before a very intense period of court activity adjudicating on the disputed domestic matters of Mary and Frank. On 8 January 1886 Frank owed 13 weeks-worth of payments. At 3s a week, this amounted to £1 19s according to the Court register. Another month’s jail sentence followed.

On 8 February 1886, within a couple of days of ending this January one-month prison sentence Frank appeared at the Borough Court once more. He needed to show cause why he should not be sent to prison in default of complying with the bastardy order. His arrears were recorded at £2 2s[2].  Frank said he had no means of paying.  A further 14 day committal followed for him, unless he could find a bondsman that day.  No bondsman was forthcoming, so it was back to Wakefield prison for Frank.

But that did not mark the end. Released from prison on Saturday 20 February, he was immediately apprehended on the same charge. He found himself bounced back into court again on Monday 22 February. Even the newspaper reports now referred to him in sympathetic tones as “the poor man“. Arrears were listed as £1 19s[3] so presumably he had managed to pay a small amount. Frank now promised to pay all the money. He faced a further one month jail sentence, but this was suspended for 28 days to allow him to fulfil his promise to make his payments. It seems he managed it, as there is no imprisonment record.

So who was Frank Thornton? Did the relation comment in the 1881 census refer to him being the nephew of Ann and cousin of Mary, as I initially thought? Was it a reference to Sarah Ann’s paternity? Or was it both? I’ve used censuses, GRO indexes, prison records and newspaper reports to try to pinpoint him.

Including the names Frank, Franklin and Francis in any searches there are a number of “possibles”. However in terms of Hartshead/Mirfield-born alternatives, the birthplace given in prison registers, other than cousin Frank, there appears to be just one. But there is a slight discrepancy with the year of birth (1860) of this alternative, and his occupation does not fit. So it can be discounted. Bringing me back to Mary’s cousin.

Ignoring the birthplace given in the prison records and extending beyond Hartshead/Mirfield does produce other options, but again the stumbling block is job description. There are no feasible coal-miners, although jobs could change. But even allowing for a career switch, why would I want to ignore the birthplace anyway? This is consistent in the prison records.

Extending the search to his other custodial sentences and newspaper coverage of them, including one in 1879 for assaulting a police officer, I still cannot definitively point to Frank being the son of George and Louisa Thornton. However, the evidence so far leads me to think that Sarah Ann’s father was indeed Mary’s cousin. But there is no absolute proof, certainly no reference in the newspapers.

It appears Frank married in Q2 of 1882 (another certificate on my long wish list). Maybe this was the reason behind the May 1882 non-payment. By the time of the 1886 sequence of court cases he had a young family, which again may have strained finances and resulted in him trying to avoid obligations for this first child. By the time of the 1891 census the Thornton family were living near Barnsley and by 1901 they had settled in the north east of England.

So once more the Batley Borough Court records have provided leads and a potential solution to a family paternity mystery, but with quite a different outcome from the previous case. If indeed the father of Mary’s child was her cousin, as it seems, one can only wonder at the strains this whole situation placed on wider family.

There is a third case, with yet another twist, here.

Sources:

  • Batley Borough Court Records – West Yorkshire Archives
  • Batley News” and “Batley Reporter” newspapers, various dates in February 1886
  • Parish Registers – Parish Churches of St Mary’s, Mirfield and All Saints, Batley – available online at http://home.ancestry.co.uk/
  • Censuses – 1861-1911
  • GRO Indexes
  • West Riding Prison Records, “Wakefield Index to [Nominal] Registers” and “Nominal Registers” – available online at http://home.ancestry.co.uk/

[1] The modern spelling is Clerk Green
[2] £2 6s reported in the newspapers
[3] £2 3s in the newspaper reports

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My Bizarre Christmas-Associated Family Name: AKA There’s more to Family History than DNA

In “Shrapnel and Shelletta[1] I wrote about war-associated baby names. This is a more seasonal post about a particular Christmas-associated family name.

When naming a baby at Christmas-time, which names conjure up this magical time of year? Which can be considered as festive and beautiful as this special period? Holly, Ivy, Joy, Noel/le, Merry, Nick or Rudolph might spring to mind. Perhaps Caspar, Gabriel, Emmanuel, Balthasar and Gloria? Or maybe the Holy Family names of Jesus, Mary and Joseph?

In contrast, which name would make you recoil with shock and horror? Which name would you think “No way! How inappropriate! What on earth are they thinking of?”

Probably near the top of the list would be the one associated with my family tree.  For on 24 December 1826 at Kirkheaton’s St John the Baptist Parish Church (oh, the irony of date and church name)[2] the baptism of Herod Jennings took place.

Saint-Sulpice-de-Favières_vitrail1_837 Herod

Magi before Herod the Great, Wikimedia Creative Commons License, G Freihalter

Herod was born on 3 November 1826, one of five children of coal miner George Jennings and his wife Sarah Ellis. They married in October 1818 at St Mary’s, Mirfield and by the time of Herod’s baptism had settled in Hopton, a hamlet in that township, midway between Mirfield and Kirkheaton.

Herod’s siblings included the equally wonderfully named Israel (baptised 20 June 1824) and Lot (born 8 March 1830), so some fabulous biblical associations there too. The other family names of James (baptised 24 September 1820) and Ann (baptised 20 October 1822, buried 7 July 1823) seem disappointingly ordinary in comparison.

Sarah died in 1832, age 36 leaving George to bring up his four surviving children. James married Sarah Pickles on 25 December 1839, another example of Christmastime events in this branch of the Jennings family![3]So, by the time of the 1841 census, it was just George and his two sons, Israel and Herod, along with a female servant Jemima Gibson living in the Upper Moor, Hopton household. Youngest child Lot was along the road at Jack Royd, with the Peace family. This may have been a permanent arrangement given the family situation.

By the time of this census young Herod already worked down the mine, a job which ultimately would possibly contribute to his death.

On 7 October 1850 he married Ann Hallas at St Mary’s, Mirfield. Both Herod and Ann lived at Woods Row, Hopton. Ann was slightly older than Herod, being born in 1824. By the time of their wedding, she was already the unmarried mother of two. Her son, Henry, was born in 1843; and my 2x great grandmother Elizabeth’s birth occurred in November 1850, 11 months prior to Ann’s marriage to Herod.

This then is my family connection to Herod: His marriage to my 3x great grandmother. And it is one of the mysteries I still hope the DNA testing of mum and me will solve. Was Herod the father of Elizabeth? She was certainly brought up to think so, with all the censuses prior to her marriage recording her surname as Jennings, whereas her brother Henry went under his correct Hallas surname. And when registering the birth of her son Jonathan, there is a slip when Elizabeth starts entering her maiden name as “Jen”. This is subsequently scored through and correctly written as “Hallas”.

It appears Henry too was minded to look upon Herod as his father-figure. At his baptism at St Peter’s, Hartshead in June 1857 he appears in the register as Henry Jennings, not Hallas. When he married Hannah Hainsworth at Leeds All Saints on 24 December 1866, his marriage certificate records his father’s name as “Herod Hallas”. And in 1870 he named his eldest son Herod. Although by no means a common name, a glance at the GRO indexes shows it did appear occasionally, along with its alternative forms of Herodius and the feminine Herodia. The fact Henry gave his son this unusual name seems to indicate a measure of affection for the man who brought him up. Finally, at the time of the 1871 census Herod, son William and nephew Charles were boarding in the Leeds home of Henry.

So, whether or not there is a DNA link, he is still a major figure in my family tree. And for me this brings home the fact that there is more to family, and family history research, than DNA links alone!

Herod and Ann had nine other children: Ellen (born April 1851), Louisa (born January 1853), Harriet (born November 1854), Mary (born May 1858), William (born 1860), Eliza (born April 1862), Rose (born 1864), Violet (born 1866) and James (born 1871).

The family moved frequently, presumably due to Herod’s work as a coal miner. They are recorded at various locations in the area, many within walking distance of where I live. These included Mirfield, Battyeford, Hopton, Hartshead, Roberttown, White Lee and Batley.

Outside of work Herod had a keen interest in quoits, arranging and taking part in park challenge games especially around local Feast times. This game was particularly popular with miners and mining communities in Victorian times, with the metal rings being made of waste metal from mine forges. Challenge matches were also a way to raise funds, for example for sick and injured miners.

Herod died age 52, at Cross Bank, Batley as a result of asthma and bronchitis, which presumably owed something to his mining occupation. Working in cramped, filthy, air-polluted, damp, sometimes wet conditions from an early age, this was a hazardous and unhealthy occupation. The conditions and physical exertion led to chronic muscular-skeletal problems and back pain as well as rheumatism and joint inflammation. Most colliers had lung associated problems, with many becoming asthmatic whilst still relatively young. So Herod’s cause of death, from a lung-related illness, is unsurprising.

Ironically Herod’s date of death occurred on 5 January 1878, a day we associate with the Christmas period, falling before 12th night. And in the Western Christian tradition the 6 January is the Epiphany, marking the visit of the Magi to the infant Jesus in Bethlehem. This brings us once more to the King Herod connection, at Herod Jennings’ death as well as his baptism.

This is what Matthew’s gospel says about those events at the first Christmas:

Then Herod summoned the wise men to see him privately. He asked them the exact date on which the star had appeared, and sent them to Bethlehem. ‘Go find out all about the child,’ he said ‘and when you have found him, let me know, so that I too may go and do him homage.’  Having listened to what the king had to say, they set out. And there in front of them was the star they had seen rising; it went forward and halted over the place where the child was. The sight of the star filled them with delight, and going into the house they saw the child with his mother Mary, and falling to their knees they did him homage. Then, opening their treasures, they offered him gifts of gold and frankincense and myrrh. But they were warned in a dream not to go back to Herod, and returned to their own country by a different way. 

After they had left, the Angel of the Lord appeared to Joseph in a dream and said, ‘Get up, take the child and his mother with you, and escape into Egypt, and stay there until I tell you, because Herod intends to search for the child and do away with him.’ So Joseph got up and, taking the child and his mother with him, left that night for Egypt, where he stayed until the death of Herod……Herod was furious when he realised he had been outwitted by the wise men, and in Bethlehem and its surrounding district he had all the male children killed who were two years old or under, reckoning by the date he had been careful to ask the wise men”.[4]

Herod was buried in Batley Cemetery on 7 January 1878.

I have a great deal of affection for Herod, whether or not there is a direct family blood-tie. The fact he took on one, possibly two children when he married Ann; and they in turn acknowledged him as a father, which speaks volumes for him. I can relate to the location links. And I can totally sympathise with his asthma suffering.

This is my final family history blog post of 2015, and an apt one given the time of year. Thanks ever so much for reading them. As someone new to blogging your support, encouragement and feedback has meant so much over the past eight months.

Merry Christmas everyone – wishing you all peace, health and happiness for 2016!

Sources:

[1] Shrapnel and Shelletta: Baby Names and their Links to War, Remembrance and Commemoration | PastToPresentGenealogy https://pasttopresentgenealogy.wordpress.com/2015/11/04/shrapnel-and-shelletta-baby-names-and-their-links-to-war-remembrance-and-commemoration/
[2] Herod the Great was responsible for trying to elicit the three wise men to reveal the  whereabouts of Jesus and, when this failed, subsequently ordering the killing of all infant boys under the age two and under, the so-called “Massacre of the Innocents”. His son, Herod Antipas, had John the Baptist killed.
[3] It was not uncommon for working-class people to have wedding ceremonies on Christmas Day. It was, after all, a holiday so they had time off work.
[4] The Jerusalem Bible, Popular Edition 1974 – Matthew 2: 7-17