Sunday, July 4, 2021

52Ancestors52Weeks Week 26 Theme Conflict: The Mystery is Solved....Bankruptcy At St. Austell and Claims By the Relatives



 






  Several weeks ago I posted an excerpt from my Great Great Grandfather's journal which he titled "Having Reference to My Trip to America" (April 10, 2021).  He wrote about his trip across the Atlantic on the ship "Alaska" and the hurried and unusual preparations that he went through to complete his trip in April and May of 1894.  The family never knew why he made the trip; it was just never talked about.  Charles John King was always remembered as a very moral person by his family,  so what ever happened back in St. Austell Cornwall must have been a situation where he was presented with little choice and he needed to leave the country quickly and to avoid scandal.  The mystery was always "what exactly happened?" I believe I have uncovered the answer.  


The theme for this week is conflict.  Conflict seems to be a part of the human experience, whether through war, legal conflicts or bad relationships.  This story involves legal conflicts (bankruptcy), family conflicts over money owed and more importantly,  moral conflicts.  This story must be taken in context of the times, and not examined through the lens of our current times.  What seemed an impossible situation in 1894 might now been regarded as something a Chapter 13 or Chapter 7 filing might take care of.  The consequences of bankruptcy these days might not ruin your reputation or land you in jail, as it did well over 100 years ago.  

  In April of this year I took advantage of FaceBook (once again!) and the closed group Cornish Ancestors.  I had been going through Charles John King's journal that my cousin Pam had been transcribing.  C. J.  originally wrote many of his entries on the back of old receipt pages.  My question to the group was... what  did the "Dr. to C.J. King" mean?   I received several replies right away.  Basically, the dr. refers to debtor to or drawn to. This meant "owed to", so this was an invoice for work done.  But, that was not the end of this story.....

  

  One of the posters replied with a little newspaper snippet from the Royal Cornwall Gazette and dated the 21 of June, 1894 (see top picture).  It had to do with a Charles John King, builder, in St. Austell.  I realized that this was my Great Great Grandfather, and that he had left the country because he was facing bankruptcy.  So, a family mystery was on its way to being solved in a matter of 20 minutes. 

  I have since corresponded with the original poster of the newspaper article, a very nice woman named Ruth from London who lives between Heathrow Airport and Hampton Court Palace.  She gave me another article to read and some wonderful Cornish resources to do some more research through. We even got into the Devon origins of C.J. King and his family.  So, with Ruth's help and another look on FindMyPast I now have three newspaper articles that explain exactly what circumstances made Charles John King leave his country, his business, and his family. He left rather quickly, and under disguise...

This is the first article, dated April 20, 1894,  was found in the St. Austell Star (FindMyPast).


  So, after C.J. returned from his service in the 11th Royal Engineers (which involved an expedition up the Nile to rescue General Charles Gordon) he came back to England, married Anna Levers, settled in St. Austell and began his construction business (he had apprenticed as a carpenter as a young man).  It looks like he engaged in some speculation and got the worse end of the bargain.  Perhaps he became involved with people who took advantage of him, took bad advice or as someone with a new business just didn't know how to manage the money side of things.  Either way, he had to "furnish his account" at a later date to see if he could make things right.  After he was examined by the Bankruptcy Court he chose to leave the country and left (according to his journal) at "3 o clock pm Thursday, April 26th, 1894".  While he waited in Liverpool he "called into a barbershop" and had a shave and haircut to disguise his appearance.  
 In June of 1894 the examination by the Truro Bankruptcy Court was adjourned, as the debtor had "gone abroad"  and a warrant was secured for his arrest. 

  I found another article in the St. Austell Star, written on July 20, 1894,  that summarized what happened after C.J. King had left the country.  This involved his wife's family and how his actions affected their lives.  The article is long, and didn't copy well, so I have transcribed it below...

  BANKRUPTCY AT ST. AUSTELL   Claims By the Relatives

  The case of C. J. King, builder, of St. Austell came before his Honour, Judge Granger, at Truro Bankruptcy Court on Saturday last.

  The Official Receiver (Mr. G. Appleby Jenkins) stated that the receiving order was made on March 8th last.  On April 14th the public examination was opened, and adjourned in order that the bankrupt might produce a goods and cash account.  But subsequently the debtor absconded, and the examination was adjourned sine die.   Two proofs had been sent in, one by Mrs. Levers, and the other by Miss Lavinia Levers, but he thought it necessary to reject them.  Rule 22 in the schedule of the Bankruptcy Act directed the trustee to examine every proof, and accept, reject, or require further evidence to support it.  If he rejected, he had to state his grounds for doing so.  Under Rule 24, if a creditor was dissatisfied with the decision of the trustee, he might apply to the Court to have the decision of the trustee  reversed or varied.  He communicated with Mrs. Levers, and found she had no receipts for the sums she alleged was due to her.  When publicly examined bankrupt stated he had no books showing his transactions with Mrs. and Miss Levers, but he stated the latter had receipts for the money she had lent him.--Mr. R. Dobell appeared for Mrs. and Miss Levers, mother-in-law and sister-in-law respectively of the debtor.  He asked the judge to reverse or vary the decision of the Official Receiver respecting the proof of Mrs. Levers, amounting to L177 (?) on the ground that she had sufficient evidence in her possession to prove that the money was due.  When Mrs. Levers heard from the Official Receiver she seemed to have acted on bad advice.  Bankrupt, with his wife and child, had lived in Mrs. Lever's house, and had borrowed money from her at various times.  There were no I O U's or promissory notes as evidence of the loans, but he would put in books containing entries in the handwriting of Mrs.Levers of the amounts lent, and making up the total claimed. 
  
  Emma  Levers stated that for  many years she had carried on a small business in St. Austell.  Eight years ago bankrupt married her daughter.  He lived with the witness, and had things from her shop, which she entered in her book.  For board and lodgings he promised to pay her 10s a week, and on those accounts L26 (?) was due to her.  Bankrupt borrowed money from her for the purpose of his business as follows:--From 1889-91, L89 (?) , from June 21st, 1892 to November 21, 1893 L61 (?), and the total due to her was L177 (?), upon which she had not charged interest.---In answer to questions by the Official Receiver, witness said the entries of the money lent were made when the sums were handed over, but there was no agreement as to when bankrupt should pay her back. The bankrupt suggested that she should file her proof.  He had now absconded, but his wife and child were still with her. --The Official Receiver said there was a warrant out for debtor's arrest. --His Honour considered the circumstances very unsatisfactory, there being no properly kept books.  The items in the book produced appeared to have been jotted down as a sort of after thought, and it did not seem a book in which large sums of this sort would have been entered.--Mr. Dobell remarked that the witness had stated the entries were made from time to time.--His Honour said if things were once admitted there would not be a single bankruptcy in which the relatives would not put up a claim.  If relatives were so foolish as to advance money over a series of years without proper receipts or acknowledgement, they would bear the brunt of it.  He was disposed to agree with the Official Receiver that the evidence of loan was insufficient. --Mr. Dobell submitted that the claim was bona fide, and should be allowed in bankruptcy.--His Honour stated that stricter proof was, if anything, necessary in bankruptcy than in ordinary proceedings.--Mr. Dobell asked whether allowances would be made for sustenance, but his Honour said it was evident they were all living together, and he should think they had a common purse.  Therefore, he did not think he could separate them.

  Miss Lavinia Levers claimed L118 (?)--Mr. Dobell stated that the sum represented money lent to the bankrupt out of her deposits at the Post Office Savings Bank, and receipts were produced for this amount.

  Miss Levers was called to give evidence of the loans, but her mother persisted in prompting her, and was eventually ordered out of court.  Witness deposed that the bankrupt had only paid L1 of the money he owed to her.  She was being questioned by the Official Receiver on her transactions with her brother, when she suddenly left the court to join her mother in one of the ante-rooms.  

  Mr. Dobell subsequently ascertained from her that the withdrawal of the amounts could be proved from her (Miss Lever's) account at the Post Office Savings Bank, and on Mr. Dobell's application on adjournment was granted by his Honour in order that that might be done.

  His Honour upheld the Official Receiver in the rejection of Mrs. Levers' proof. 
***

I was unable to find any more news stories that told how this story played out.  I do know that my Great Great Grandmother Anna Levers King, and my Great Grandmother, Emma Lavinia King, left Liverpool England on the ship Majestic and arrived in New York on September 26, 1894 where they were reunited with Charles. 

   Charles and Anna eventually made their way to San Francisco, California where Charles started a new construction business and became a very prolific and successful builder in the Bay Area as well as in Grass Valley, California.  Many of his homes are still standing today.  His previous troubles in St. Austell did not seem to have followed him to his new life.  I do not know how his relationships with his in laws faired, but I do know that Lavinia (his sister-in-law) remained close to Anna and Emma.  My Great Grandmother Emma was involved in Lavinia's trust when she died in 1937.  I have several pictures of Lavinia and her husband Harry Trist that were shared with the King family, as well as Christmas cards. So, the lines of communication were kept open there.   I am not sure when Emma Levers passed away, or what her relationship with Charles was after his move to America.  The whole situation must have been very  hard on Anna.   


Photograph of a store front taken in St. Austell.  Possibly Harry Trist (left), Lavinia Levers Trist in the middle and Emma Levers on far right. 


Picture enlarged.

    I came across this photograph in the King files.  It looks like a store with living quarters above.  I did some research on Lavinia's husband Harry Trist and came up with a 1911 England Census.  It listed his occupation as a dealer connected with a grocery business.  He was living with his wife Lavinia on Eastbourne Road, St. Austell. This may be a picture of the store, with Harry and Lavinia out front.  The older woman on the step could be her mother, Emma.  This picture was probably taken before 1911.  Harry and Lavinia married in 1897.  I was curious to see if this building might still be standing.  With the magic of Google Maps Street View, this is what I found. 

What do you think?  Eastbourne Road is pretty short, and this house was the only one that really looked similar.  


The trim on top of the building is the same as are the windows...


 In his journal, Charles wrote that his leaving was due to "no fault of our own", and that he had "done what I could to avoid the calamity that had overtaken us."  In the context of the time period  when Charles was accused of  being bankrupt,  debtors were looked down upon as either scoundrels or impoverished unfortunates. It was even viewed as a moral failure in England.  People were expected to keep their affairs in order and and deviance from upright economic standing was considered a personal fault. People who were unable to pay back their debts had their property confiscated and assigned to the creditor, or they were imprisoned.  Bankruptcy could essentially ruin a person for life.  
https://en.wikipedia.org/wiki/Bankruptcy_Act_of_1800.

  So, the only way to resolve this conflict for Charles was to leave the country and start fresh in California.  His life story reflects a person who strived to work hard at his craft  and to possibly prove to his relatives in St. Austell that he could make a success of his life and he was not a moral failure, despite any previous mistakes he made.   I don't know if he payed back his in laws or not, but as he became more successful in San Francisco, he probably had the means to do so and did.  We will probably never know, as he kept to the promise he made in his journal..."I think it is wise to dwell no longer on the events that transpired at this time".  It seems he did not. 

His obituary described him as a churchman throughout his life and that he lived the principals and faith of a Christian gentleman.  He did not let past grievances and mistakes dictate how he lived the rest of his life. 

  


Relationship Reference:  Me-> Margaret Hansen Boothby->Margaret Elizabeth Hayes Hansen->Emma Lavinia King Hayes VanDuzer->Anna Levers and Charles King.

Anna Levers King->Emma Craze Levers.   Emma had three daughters with Francis Levers:  Elfreda, Caroline Lavinia and Anna.  

1 comment:

  1. This is such an amazing find! and sorting it all out, too. And, you even found the grocery/house still standing. If only walls could talk.

    ReplyDelete