ENGLISH ANCESTRY

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FRANCIS FERNANDEZ alias VERNON		Mary Ellen MCLOUGHLAN
b. abt. 1828, Daman, Goa, Portuguese colony in West India d. 17 May 1885[21], Ararat, Victoria Father: Michael FERNANDEZ Mother: Mary D'SOUZA	Married 22 May 1855[21], Sandhurst (now Bendigo), Victoria	b. abt 1836, Kings County, Ireland d. 28 Jul. 1865[21], Malakhoff, Landsborough, Victoria Father: John MCLOUGHLAN Mother: Sarah DUGAN/DAGAN

• Notes:
• Francis is supposed to have joined the Merchant Navy on the 26.5.1837 , at the tender age of 10 . The last known ship he worked on was 'The Hebrides' which piled the Liverpool, Calcutta, London route. On the 2.5.1852, London, Francis Fernandes, ship-steward was discharged from the Hebrides
• Francis emigrated to Australia, in search of gold, in the early 1850's. He was still listing his occupation as a miner as late as 1863
• Francis Fernandez , lodging house keeper , born in Bombay , and Marion McLoughlin , born King's county Ireland , were married on the 18th of May 1855 in the Catholic church at Sandhurst.
• Francis and Mary Ellen had a restaurant in Bull St, Sandhurst called "Allies" (1857-1858), after running a similar business in High St.(1856). Francis also ran a puddling machine during this time.
• Mary arrived in Sydney, Australia , around 1843 , she would have been about 9 years old. After nine years in Sydney, circa 1852, Mary and maybe her family moved to Victoria.
• Francis was using the name Vernon exclusively by 1856. How or why the name changed from Fernandes to Fernan and finally Vernon is unclear.
• Francis and Mary continued to live in Sandhurst, for at least three years after their marriage
• Francis never remarried after Mary's death , even though he was left with four very young children to look after. Information suggests that his youngest child Mary Ann was sent to live with the Gibson family, of Moonambel and did not even know of the existence of any of her siblings until she was much older. I assume the two older girls , who were eight and seven when their mother died, must have taken over the household duties and the task of looking after their younger brother before being put in service at around 10-11.
• Not long after Mary's death, the family moved to Crowlands, Victoria, which is where they stayed
• Rumour has it that Francis worked for the McCulloch's, a family in the area who had a lot to do with horse breeding
• An F. Vernon , farmer , is noted in the list of Warrack Landowners and ratepayers in 1878, though the only description of his residence is a 'slab hut'
• When Francis died, he left an estate worth 266.9.0. pounds. The estate consisted of ; 99 acres + 3 roods + eight perches of property leased or licensed from the crown , being allotments 24 and 25 of section one , in the parish of Kara Kara ,containing a four roomed weatherboard house and outbuildings, fenced with post and rail, unfit for cultivation. 96 acres of land in the parish of Mount Cole, fenced with post and wiring and cleared and two acres cultivated. One ploug , one dray, one saddle and some second hand furniture. Which was all left to his only surviving son, Francis.
• Francis Vernon was buried in Ararat Cemetery. A family story had it that when Francis was dying in hospital, being a catholic he was calling for a priest but the priest would not come because Francis had no money and even went so far as to refuse to bury him. It was according to the good auspices of the Salvation army that Francis was buried, which explains why he was buried Church of Eng
   

1. Unnamed Male (stated as not the child of Francis VERNON at the manslaughter trial following Ellen's death in 1865)
    
2. ANNIE VERNON b. 26 Apr. 1857_[21], Sandhurst, Victoria - d. 18 Mar. 1896_[20], Navarre, Victoria - m. 24 Mar. 1886_[20], Stawell, Victoria to Thomas LOWE (1857-1931)
   Children:
   • Will LOWE, b. 1886_[20], Landsborough, Victoria - d. 5 Oct 1967_[20], St. Arnaud, Victoria
   • Mary Elizabeth LOWE, b. 25 Jan 1888_[20], Landsborough, Victoria - d. 1985_[20], Stawell, Victoria - m. 1915_[20], Victoria to Alexander Henry MILLS (1888-1968)
       Children:
     • Child
     • Child
     • Child
     • Vernon Francis MILLS, b. 1925 - d. 1928_[20], Stawell, Victoria Aust
     
      
   • Thomas LOWE, b. 16 Mar. 1890_[20], Landborough, Victoria - d. 9 Oct 1983_[20], Navarre, Victoria
   • Annie LOWE, b. 27 Jun. 1891_[20], Landsborough, Victoria - d. 1982_[20], Camberwell, Victoria
   • Grace LOWE, b. 25 Apr. 1893_[20], Landsborough, Victoria - d. 12 Feb. 1980_[20], St. Arnaud, Victoria - 1st m. 1920_[20], Victoria to William ANDERSON (1876-1924)
       Children:
     • Joan ANDERSON, b. 15 Jan. 1921 - d. 22 Mar. 1988 - m. Russell Sydney Trevor SMITH (1916-1987)
        
     - Grace 2nd. m. 1926_[20], Victoria to Percival Daniel CURNOW (1892-1961)
       Children:
     • Child
     • Kevin CURNOW(Reverend), b. 1928 - d. Jan 1987_[20], Victoria
     • Child
     
      
   • Frank LOWE, b. 9 Jan 1895_[20], Landsborough, Victoria - d. 8 Dec. 1958_[20], Footscray, Victoria - m. 1922_[20], Victoria to Winifred FLOOD (1892-1976)
       Children:
     • Child
     • Annie (Nancy) Elizabeth LOWE, b. 1926 - d. after 2012 - m. 1949 to Kenneth Harden SCOTT (1926-2012)
     • Esme Winifred LOWE, b. 1929 - d. 24 Apr 1983, Fitzroy, Vic - m. 1956 to Douglas Harvey MARSOM (1930-1985)
        
3. SARAH JANE VERNON, b. 13 Mar 1859, Bendigo, Vic - d. 26 May 1945, Essendon, Vic - m. 8 Aug 1883 to Hugh CRAIG
    
4. FRANCIS VERNON, b. 24 Oct. 1860/61, Barkly, Victoria - d. 8 May 1945_[21], Stawell, Victoria - m. 24 Apr. 1889_[21], Crowland's, Victoria to Margaret GLEESON (1864-1939)
   Children:
   • Arthur VERNON, b. 4 Sep. 1890_[20], Warrack, Victoria - d. 8 Apr. 1952_[20], Hiedelberg, Victoria - m. 25 May 1918, Eng to Janet Strachan WEMYSS (1897-1966)
       Children:
     • Agnes "Nancy" Margaret VERNON, b. 1 Sep. 1919_[20], Ararat, Victoria - d. 20 Jun. 1955_[20], Melbourne, Victoria - m. 1945, Vic to Anthony MEGA (1908-1977)
     • Merle Jean VERNON, b. May 1922 - d. 16 Feb. 1923_[20], Ararat, Victoria
     • Child
     • Child
     
      
   • Mary Ellen VERNON, b. 25 Sep. 1982_[20], Crowlands, Victoria - d. Jan 1965_[20], Bentleigh, Victoria - m. 1909_[20], Victoria to John Lewis TARDREW (1875-1946)
       Children:
     • Eileen Mary TARDREW, b. 1910, Ararat, Victoria - d. 23 Apr 2003 - married twice
     
      
   • Annie Ellena VERNON, 13 Jul. 1894_[20], Crowlands, Victoria - d. 16 Jan 1957_[20], Colac, Victoria - m. 1915_[20], Victoria to William Frederick CROFT (1887-1935)
       Children:
     • Ethel Flor. CROFT, b. 1915
     • Dorothy CROFT, b. 1918
     • Melville Wiliam CROFT, b. 31 May 1920, Elmhurst, Vic, Aust - d. 23 May 2006, Warrnambool, Vic, Aust - m. 1943, Vic to June THOMPSON (?-1988)
     • Valda Elizabeth CROFT, b. 25 Jun 1922, Colac, Vic - d. 2012 - m. 1943 to William Alexander HAMILL (1920-1964) - 2nd m. to ? Maloney
     • Ireme Annie CROFT b. abt 1924 - d. 19 Nov 2008, Geelong, Vic - m. 1947, Vic to Desmond Thomas BARRY (1919-1992)
     • Vernon CROFT, b. May 1926 - d. Jun 1926_[20], Colac, Victoria
     • Vera CROFT, b. Jun 1927 - d. 1927_[20], Colac, Victoria
     
      
   • Margaret VERNON, b. 21 Dec. 1896_[20], Crowlands, Victoria - d. 1982_[20], Stawell, Vic - m. 23 Sep 1914_[20], Victoria to Ivan Sylvester FROST (1885-1970)
       Children:
     • Margaret "Madge" Louisa FROST, b. 9 Oct 1915_[20], Stawell, Victoria - d. 14 May 2011, Lamaroo, S.A. - m. 1947 to Alfred Lawrence PICKFORD (1917-1986)
     • Edmond Ivan FROST, b. 6 Apr. 1917_[20], Elmhurst, Victoria - d. 2 Aug. 1945, Borneo (a P.O.W. in WWII)
     • Mary Vera FROST, b. 9 Oct 1918, Stawell, Victoria - d. 23 May 2006, Stawell, Victoria - m. 4 Sep 1948 to Gilbert William GUNNING (1915-2002)
     • Henry Thomas FROST, b. 17 Jan. 1920_[20], Ararat, Victoria - d. 24 Jul 1945, Borneo (a P.O.W. in WWII)
     • Eric William FROST, b . abt. 1927 - d. 10 Oct 1962_[20], Stawell, Victoria -m. 1946 to Alma Elizabeth SMALE (1924-2014)
     
      
   • Ethel Eileen VERNON, b. 13 Apr. 1900_[20] - d. 5 Jan 1974_[20], Ararat, Victoria - m. 1918_[20], Victoria to Archibald Erwin BATES (1889-1966)
      Children:
     • Robert Newton BATES, b. 1918, Ararat, Vic - d. 19 Jul 2017, Tasmania - m. 1942 Vic to Nora Johnson (?-2004)
     • Archibald Francis William BATES, b. 3 May 1920, Ararat, Vic - d. Apr 2001, Vic, Aust - 1st m. 1942 to Daphne May BROWN - 2nd m. Greta BOATMAN (1927-1955) and 3rd m. 1957, Vic to Laura May LEE (1923-1989)
     • Ethel Eileen BATES, b. 31 Aug 1921, Ararat, Vic - d. 21 Nov 2005, Vic, Aust - m. 29 Mar 1947 to John Charles HILDITCH (1920-1987)
     • Child
     • Child
     • Child
     • Celia Jean Margaret BATES, b. abt 1930 - d. 27 Nov 2010, Kyabram, Vic - m. 1950 to William Edward George WILSON
        
   • Francis James VERNON, b. 23 Dec 1903_[20], Crowlands, Victoria - d. 22 Jul. 1973_[20], Victoria - m. 16 Apr 1927_[20], Victoria to Agnes CRAWFORD (1901-1986)
       Children:
     • Joan Margaret VERNON, b. 10 Apr 1928, Vic - d. 16 Dec 2015, Vic, Aust - m. 1953 to Desmond FOGARTY (?-2017)
     • Francis Edwin Donald VERNON, b. 1 Sep 1930, Ararat, Vic - d. 5 Mar 2018, Vic
     • Child
        
   • Edwin Jonathon VERNON, b. 21 Mar. 1906_[20], Crowlands, Victoria - d. 28 Nov 1936_[20], Ararat, Victoria - m. 1933_[20], Victoria to Sadie Mary Louisa Stonehouse
       Children:
     • Child
        
   
    
5. MARY ANN VERNON, b. 21 Aug. 1863_[20], Landsborough, Victoria - d. 22 Jan 1955_[20]South Yarra, Victoria - m. 20 Dec 1882_[20], Victoria to James LOWE (1847-1923)
     Children:
   • James Francis LOWE, b. 15 Oct. 1883_[20], Landsborough, Victoria (went to New Zealand) - m. Grace - had up to 10 children
   • Joseph LOWE, b. 15 May 1885_[20], Landsborough, Victoria - d. 16 Aug 1977, Ballarat, Vic_[20], Ballarat, Victoria - m. 1920_[20], Victoria to Elsie May RODIER
   • Alice Frances LOWE, b. 1887_[20], Landsborough, Victoria - d. 1984_[20], Mildura, Victoria - m. 1907_[20], Victoria to James HYDER (1884-1937)
       Children:
     • May Elizabeth Florence HYDER, b. 6 Dec 1909_[20], St. Arnaud, Victoria - d. 29 Aug 1973_[20], Carw., Victoria - m. 20 Apr 1932_[20], Victoria to Horace SIMMONS (1906-1982)
         Children:
       • Dawn Elizabeth May SIMMONS, b. abt. 1936 - d. 20 Oct 1959_[20], Melbourne, Victoria - m. 1955 to Leslie John CREWTHER (1930-1994)
       
        
     • Theodore William James HYDER, b. 6 Dec 1911_[20], Maryborough, Victoria - d. 8 Apr 1984_[20], Redcliffs, Victoria
     • Morris Godfrey Herbert HYDER, b. 1913_[20], St. Arnaud, Victoria - d. Jan 2000 (probable) - m. ? to Rose Caroline ? (1920-1994)
     • Ronald George HYDER, b. 1914_[20], St. Arnaud, Victoria - d. 1985_[20], Bena., Victoria - m. 1936, Vic, Aust to Vera Emily NEWLAN (1919-2000)
     • Joseph Leslie HYDER, b. 1916_[20], St. Arnaud, Victoria - d. 1918_[20], St. Arnaud, Victoria
     • Harold Edward Robert HYDER, b. 1918, St Arnaud, Victoria - d. 22 Nov 1990 - m. 1946 to Peggy Emily Millie COOK (1925-2001)
     • Child
     • Esther Emily HYDER, b. abt. 1922 - d. May 1936_[20], Mildura, Victoria
     • Child
     
      
   • Herbert LOWE, b. 16 Aug. 1889_[20], Navarre, Victoria - d. 17 Mar. 1966_[20], Robinvale, Victoria - m. 13 May 1914_[20], Waterloo Plains, Victoria to Ethel Maud TAYLOR alias MARCHMENT (1897-1928)
       Children:
     • Clarence Herbert LOWE, b. 10 Nov 1914_[20], St Arnaud, Victoria - d. 8 Dec 2002, Ballarat, Victoria - m. 22 Apr 1941_[20] to Florence MATTHEWS (1915-2008)
     • George Francis LOWE, b. 23 Dec 1915_[20], St. Arnaud, Victoria - d. 23 Aug 1994
     • Elsie Jean LOWE, b. 12 Feb 1917_[20], St Arnaud, Victoria - d. 12 Aug 2013, Mildura, Victoria - m. 1944 to William Edward TREW (1904-1976)
     • Edith Mary LOWE, b. 1 Oct. 1918_[20], St. Arnaud, Victoria - d. 24 Apr. 1991, Mildura, Victoria - m. 27 Feb 1942_[20] to George MIDDLETON (1914-2004)
     • Winifred Ethel LOWE, b. 17 Apr 1920_[20], St Arnaud, Victoria - d. 5 Apr 2008, Victoria - m. 1945 to Kelvin Stanley ROHLEDER (1920-1983)
     • Norman Edward LOWE, b. 15 Aug 1922, St Arnaud, Victoria - d. 28 Jul 2005, Victoria
     
      
   • Margaret LOWE, b. 19 Jul 1892_[20], Landsborough, Victoria - d. 19 Jul 1989, Mildura, Victoria
       Children:
     • Lilian Joan LOWE, b. 1915, Carlton, Victoria - d.? (possible child only)
     • Harold John LOWE, b. 20 Sep 1916, Bendigo, Vic - d. 23 May 1979, Merbein, Vic - m. 22 Jul 1940 to Edna Sylvia ZADOW (1918-1974)
     • Ronald LOWE, b. 27 May 1918, Bendigo, Vic - d. 18 Jul 1949, Mildura, Vic (died under the name SMITH)
        
     - Margaret LOWE - m. 13 May 1929_[21], Vic to William "Bill" Thomas DAVEY (had their three issue prior to the marriage)
     Children:
     • Keith DAVEY, b. 1 Jun 1919, Mildura, Victoria - d. 28 Apr 1973, Melbourne, Victoria
     • Irene Margaret DAVEY, b. 8 Aug 1922 - d. 2007
     • Wilma Jean DAVEY, b. 1926, Mildura, Victoria - 6 Feb 2005, Melbourne, Victoria
        
   • Ernest Jonathon LOWE, b. 15 Jan 1896_[20], Landsborough, Victoria - d. 7 Jul 1964_[20], Victoria
   • George Percy LOWE, b. 7 Dec 1897_[20], Landsborough, Victoria - d. 14 Oct. 1977_[20], Hiedleberg, Victoria - m. 1924_[20], Victoria to Vivian Par CROSS (1899-1987)
     Children:
     • Geoffrey James LOWE, b. 11 Nov 1924, Hawthorn, Victoria - d. Jun 2013, Victoria - m. 1953 to Shirley Elaine ASHENEAULT (1930-2021)
     • Vivienne Olva LOWE, b. 27 Mar 1926, Kew, Vic - d. 14 Oct 2016, Kew, Vic, Aust
     • Ronald George LOWE, b. 20 May 1935, Victoria - d. 1 Sep 2006
        
   - Mary Ann VERNON then had at least two illegimate sons to James LOWE's brother, George LOWE (1860-1932)(There is the possibility that George Percy Lowe, was also George's child)
     Children:
   • Harold LOWE, b. abt. 1900 - d. 24 Nov. 1984_[20], St. Arnaud, Victoria - m. 1925_[20], Victoria to Hilda Louise MARCHMENT (1905-1982)
       Children:
     • Mervyn Harold LOWE, b. 18 Feb 1929, Victoria - d. 14 May 2009, Victoria
     • Ernest Edward LOWE, b. abt. 1926 - d. 30 Aug 1998, Tocumwal, Victoria (married twice, and had a number of children)
     
      
   • Charles "Ted" Edward LOWE, b. abt. 1905 - d. 20 Jul 1988, Northcote, Victoria - m. 1936 to Dorothy "Dorrie" May MCCOLLY (had several children)
   
    
6. Child VERNON, died in utero during a botched breech birth 28th Jul 1865

Newspaper Articles!

• 26 Aug 1856:-
  Friday 29th INST.
  E. N. EMMETT will sell by public auction, on Friday, the 29th inst. on the premises, at twelve o'clock precisely.
  Francis Vernon's Weatherboard Restaurant, 20 x 66, situated in High-street, being a freehold property 20 feet to High-street by 87 feet.
  Terms - Cash and six months. 1721, 167
   
• 22 Apr 1857:
  WANTED a Female Servant who understands cooking. Apply early at Vernon's Allies' Res-taurant. Bull.street.
   
• Bendigo Advertiser:- 23 Sep 1857:-
  Abusive and Threatening Language;.- Thomas Elliott was charged with using abusive language towards Mary Vernon, on Friday last.- The com plainant deposed that she was the wife of the pro prietor of the Allies Restaurant, and that on the day named in the information, she saw the defendant taking meat from the kitchen and helping himself. On her remonstrating with him, the objectionable words were used.- From the evidence offered, it appeared that a considerable amount of ill-lan- guage was bandied about between the two, and the Bench, after dismissing the case, reprimanded both parties for their disgraceful language.
   
• 30 Jul 1858:-
  In the Insolvent estate of Francis Vernon, of Sandhurst, in the Colony of Victoria, Restaurant Keeper.
  -- Whereas the estate of Francis Vernon of Sandhurst, in the colony of Victoria. restaurant keeper, was, in the twenty-ninth day of July, one thousand eight hundred and fifty-eight, placed under sequestration in my hands, by order of his Honor Sir William Foster Stawell, Knight, Chief Justice of the Supreme Court of the said colony of Victoria, and who by further order did appoint Edward Courtney, Esquire, of Melbourne, one of the official assignees of insolvent estates, to be the official assignee of and for this estate: I hereby appoint a public meeting of creditors of the said insolvent to be holden before me, at my office, Supreme Court House, Latrobe Street, Melbourne, on Tuesday, the twenty-eighth day of September next, at the hour of a quarter to one o'clock on the afternoon, for proof of debts; and for the election of an assignee, if necessary, to act with the official assignee; and unless it shall be shown at such meeting as aforesaid that the goods and effects of the said insolvent exceed the sum of one hundred pounds, I shall summarily proceed to rank the debts which shall be proved against the said estate, and direct the proceeds to be distributed acccordingly. Dated at Melbourne, this twenty-ninth day of July, A.D. 1858
   
• 2 Aug 1858: - Insolvent Court
  Francis Vernon, Bull street, Sandhurst, restaurant keeper and puddler, now a prisoner at Sandhurst for debt. Debts, £145 3s 4d; assets, £94 9s 6d. Causes of insolvency - imprisonment under small Debts Act, and loss by a puddling machine. W. Courtney, Official assignee.
   
• 6 Jan 1859:- Bendigo Advertiser:-
  SLY-GROG PROSECUTIONS.-John Power was brought up on a warrant, charged with being the owner of a tent were spirituous liquors were illegally sold. Margaret Power was also charged with illegally selling.... Mr. Lanjley, Superintendent of Police, appeared as Crown Prosecutor.
  John and Ellen Butler, Thomas and Catherine Conolly, Goorcre and Emily Holder, Ewan and Anne Boyd, Elizabeth and Emily Peachey, John and Emily Itoccliff, Redman and Margaret Con don, Francis and Mary Vernon, George and Maria Luxton, Philip Jung, Edward Small, Tlios. Simpson, Elizabeth W rren, Emily Isaac, Mary Fountain, Charlotte Wrisrht, Robert Murdoch, Mary Anna Meiklain, William Karney, Jane Davey, John Johnson, Jabez Henry Sweet, Donald Crammond, Mary Anne Butty, Edward Batchellor, Willi«m Best, William Campbell, Henry Hatton, aud Edward Evans, were similarly charged.
   
• 12 Aug 1865: - Leader Newspaper:-
  Initially record in the Landsborough Times:-
  Another case, in which a woman has met with her death through the unskilful conduct of a man pretending to be a doctor, is recorded by the Landsborough Times. An inquest was held on the body of the unfortunate deceased, and the jury returned the following verdict; That deceased, Ellen Vernon, came to her death at Malakoff, near Landsborough, on Friday, July 28th, 1865, through the culpable neglect of Charles Robinson, who assumes the title of Dr. Robinson. Robinson was then committed to take his trial at the next Ararat general sessions.
   
• Ararat & Pleasant Creek Advertiser: Friday Oct 6, 1865: pp 2-3
    Thursday, 5th October 1865
  (Before his Honour Judge Clarke.)
  Manslaughter
    Charles ROBINSON was charged with feloniously killing and slaying one Ellen VERNON, of Landsborough, against the peace of the Queen, on the 26th of July last.
    Mr LAMONT appeared for the defence.
    Eliza HANLEY sworn, said, - I am a widow residing at Malakhoff; I knew the late Mrs VERNON; I remember the 26th of July last.; I was called to see Mrs. VERNON as a neighbour, she was near being confined; I first saw her about eight o'clock, she was sitting sewing at the fire; when I went in I said to Mrs VERNON I thought you were bad, she said “not very bad, but I hoped you would come down;” I remained there during the night; deceased complained near morning, about two o'clock; prisoner arrived about eight o'clock the next morning; he saw the deceased and examined her; I asked Mrs. VERNON if she would have a doctor; she said she had no money; she mentioned the name of Dr ROBINSON ; when the doctor arrived I asked him what he thought of her; after he examined her he said the confinement was progressing favourably, and all would be right in an hour's time; he remained with her from eight o'clock on Thursday morning till three o'clock on Friday evening, when she died; during this time he did not leave the place; I went home on Thursday at Twelve o'clock at night to have a sleep, and I returned on Friday at eight o'clock in the morning; during the time I was there I merely saw the doctor examining the patient; he gave her a little laudanum, he did not use any instruments; the child was not born when the prisoner was there; I asked him if it would be best to get another doctor; the deceased requested aid herself very much; the prisoner said there was no occasion to send for another doctor, it would all be all right; deceased appeared to be in great pain; she had labour pains from two o'clock on Wednesday morning, and all day on Thursday; when I returned on Friday morning I asked her how she was; she said she was very bad, and she appeared in great pain; they were poor in circumstances, but deceased got all the nourishment she required.
    To Mr LAMONT, - I have acted for one or more women myself; if the woman had been all right I would not have sent for any one; there would be no occasion to do so; the pains were visible all the day on Thursday after the doctor arrived; the doctor did not complain that there were no pains, and that she was cold in her extremities; deceased did not say to me, that I recollect, “I never felt like this before, although I have had other children;” the prisoner has attended other women successfully so far as I know; I asked Dr. ROBINSON to send for another doctor; the deceased insisted to be aided at once; the prisoner on being asked sent for a Mrs. CHANNINGS, a mid-wife, to assist, she did not come; Mr. VERNON, the husband of the deceased, asked if he should send for a Dr. Hague; he said he might if he chose, but did not think there was any necessity; the woman's husband went for Dr. Hague, but he did not come; this was about 11 o'clock in the forenoon of Thursday; I sent for a doctor as soon as I thought it time; the prisoner came sometime before daylight. [Some questions were here asked which are unfit for publication.]
    To Mr. NOLAN, - The patient did not complain of coldness of the limbs before the doctor came; the last time the patient was up was at eleven o'clock on Friday morning; about half an hour before she died she jumped straight up out of bed and said “I am going to die,” this was about dinner time on Friday; nothing was said then about sending for another doctor; I did not see any attempt made by the doctor to forward labor during the whole time I was there.
    Mary Ann WELLINGTON, a widow, residing at Malakhoff, sworn, said - I knew the late Mrs. VERNON; on the 26th of July last I was at Mrs, VERNON's place; I was there all the night; I remember when the doctor arrived; deceased asked for a doctor, and Ellen HANLEY SAID Dr. ROBINSON should be sent for; I was there when he arrived; Mrs. VERNON made no objection when the prisoner's name; I was present when he made an examination of the deceased; Eliza HANLEY asked if she was all right; he replied, “Yes, all was favorable;” I came away and went home directly after the examination; I was backwards and forwards all the time till she died; I was in the house a few minutes before she died; the prisoner was there all the time till she died; the legs of the deceased were a little cold when she was sitting at the fire; the message for Mrs, CHANNINGS was sent by the Doctor; he told the messenger to be particular and fetch her; Dr. ROBINSON did not object to Dr. HAGUE coming.
    Francis VERNON, sworn, said --- I live at Malakhoff; the deceased was my wife; I have four children; the deceased was the mother of five children; on the 26th July last my wife was close on her confinement; Mrs. HANLEY and Mrs. WELLINGTON were at my place on Thursday night; I went for Dr. ROBINSON, the prisoner; Mrs. HANLEY told me it was better to bring the doctor. Meaning the prisoner; I went for the doctor; he arrived about eight o'clock on Thursday morning; I asked the doctor after he examined my wife what he thought; he said she will be all right in an hour or two I asked the prisoner two or three times if he should not send for another Doctor; he said “No, no. I attended a woman the other day who was worse, and she is all right now;” I asked the prisoner which Doctor was the best to send for; he said Dr. HAGUE; when I asked to go for him he said. “ You can go if you choose; “Dr. HAGUE refused to come; my wife died about three o'clock on the Friday.
    To Mr. LAMONT --- HAGUE did not say anything about a fee; he said if Dr. ROBINSON is there I have no need to go; after this the prisoner proposed to send for Mrs. CHANNINGS, the midwife; he wrote a note, and sent the message for Mrs. CHANNINGS about two hours afterwards; this was on the Thursday.
    Dr. BRISBANE sworn, said - I am a duly qualified medical practitioner, residing at St Arnaud; I made a post mortem examination on the body of Ellen VERNON, on the 1st of August; she had not been interred; deceased was pregnant; there was not a natural presentation; the child had come to it's full time; there was a shoulder presentation, or what is usually termed a cross-birth; a circumstance of this nature could easily be ascertained. [The witness here explained what, under these circumstances should have been done by the Doctor in attendance.] If an attempt be not made by the Doctor to remedy such a circumstance the manner I have described, the patient dies of rupture or exhaustion. In this case death was caused by rupture of the womb; so far as I could see there was no attempt made to assist the deceased The prisoner is not on the list of duly qualified medical practitioners.
    To Mr. LAMONT - I heard the Mrs. HANLEY was with the deceased on Wednesday morning; the delay, during which the prisoner was not sent for, might have proved dangerous; the delay would not have caused the presentation to be unnatural; under certain circumstances it would have been a very difficult matter to assist the patient in the prescribed manner. [ The circumstances were here described by the witness.] I did not get Dr. ROBINSON's assistance in a similar case, but was obliged to give my assistance to Dr. ROBINSON; there are no duly qualified medical men residing in Landsborough; I could not ascertain if Mrs. HANLEY had been trying to deliver the deceased; this I regard as an exceptional case; I cannot remember, but I know that the proportion of cross-births is very small; Ii have known Dr. ROBINSON seven or eight years.
    Mr. NOLAN asked some further questions of a more detailed character, with the view of showing the course of treatment pursued by the prisoner.
    Mr. LAMONT having addressed the jury for the defence they retired and returned a verdict of “Guilty.”
    His Honor stated that it seemed to him the fault lay in the ignorance of the prisoner, rather than from neglect, as he had stopped in attendance on the deceased from the time at which he was called. The prisoner did not appear to be in strong health, and he should therefore sentence him to one month imprisonment without labor.
   

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