William
Ellerby 1805 - 1849
For the most part we have very little idea what our
ancestors were really like, having to rely on the bare facts in vital records
and censuses. Sometimes, however, evidence comes to light that helps really
bring people to life, giving us an in depth view of not just the person in
question but people, events and places of the time. Such is the case with
William Ellerby of Lythe.
If I had any mental image of William, it was a
vaguely romantic one of a farmer looking out from his farm at Brockrigg, Lythe
admiring the view from the cliff tops. Little did I realise that he would turn
out to be a violent drunkard who fathered 8 children, only two of whom were
legitimate. This is a sorry tale with a large cast of characters who all played
their part. With incorrect and fraudulent records coming to light, there will
be a lot of question marks placed over some family trees. Want to know more?
Read on!
I first came across William early on in my research
in 2001. William’s great grandparents Robert Ellerby (c. 1700 – 1790) and Ann
Adamson (c. 1710 – 1786) are my 4 times great grandparents. I am descended from
Robert and Ann’s 5th son Joseph Ellerby (1752 – 1822) whilst William
was the grandson of their 2nd son George Ellerby (1737 – 1813) and
his wife Sarah Scott (1743 – 1831). There is a very fine gravestone in the
church yard of St Oswald’s Church, Lythe, erected by Lieutenant George Ellerby,
of the Royal Navy in memory of George and Sarah, his parents as well as his
brother William who died in 1795 in Philadelphia. I also found a rather faded
gravestone for William Ellerby and his daughter Ann behind the church against
the outer wall. I did not pursue this line for very long although I did
establish that another of William’s daughters married George Andrew, grandson of
the infamous smuggler John Andrew of Saltburn. I also obtained the records for
Lt George Ellerby’s service in the Navy as well as his will.
Early in 2012, having moved back to North Yorkshire
I decided to revisit my Ellerby ancestors to verify information and to take
things a bit further. By this time a lot more information was available online,
most notably the British Newspaper Archives. I also browsed the Cause Papers of
the Consistory Court of York at http://www.hrionline.ac.uk/causepapers/. It was in these two sites that William
Ellerby’s name appeared in a case of Separation from Bed and Board, the action
being brought by his wife Mary Stephenson Ellerby, because of William’s cruelty
and adultery. To see the papers required
a visit to the Borthwick Institute; these papers gave the detail and colour to
this story. All of the account below is taken from statements made in January
1848 from people involved in the case as well as the usual vital records and
censuses and wills.
William Ellerby was born on the 19th
January 1805 at Brockrigg House, the son of George and Ann Ellerby. George had
married Anne Wilson of Lythe on the 2nd April 1804 and William
appeared to be their only child. George joined the Navy in 1795, became a
Lieutenant in 1808 and finished his service in 1813. Brockrigg House actually
belonged to Anne’s brother Richard Wilson and Anne and William continued to
live there until about 1843. It would appear that George and Anne separated at
some point; George’s will of 1833 left all of his goods and money to a cousin
Ann Scott who was living with him as his housekeeper at the time of his death
in 1834. There was no mention of his wife Anne; I had assumed that she had died
so I was rather surprised to find her living with William at Brockrigg in the
1841 census.
In about October 1832 William started courting Mary
Stephenson of Newbiggin Hall, Egton. Mary was the only child of William
Stephenson and Hannah Pressick. She was baptised on the 19th April
1814 and the whole family came from Brotton but had been living in Newbiggin
Hall for some time. On the 21st January 1833 William Ellerby
obtained a marriage licence. The allegation gave William’s age as twenty eight
years old which was correct but gave Mary’s age as twenty one; she was not
quite nineteen years old. Also her name had been changed to Mary Stephenson
Calvert. Clearly false information had been given and Mary must have colluded
in this. Why choose the name Calvert? A servant of William and Mary’s, Mary
Fletcher née Calvert,
suggested that she was a half cousin of Mary’s father so perhaps this seemed a
natural choice of name. However, I have since learned that William Stephenson
was actually baptised William Stephenson Calvert in 1770, the illegitimate son
of Jane Calvert. Sometime before his marriage in 1813 he dropped the Calvert
but it would appear that Mary must have been aware of this.The marriage was
solemnised at Lythe parish church by the Reverend William Long and the names
William Ellerby and Mary Stephenson Calvert were entered in the parish
register. Reverend Long later stated
that he knew William well but not Mary; presumably that is why they did not
marry in Egton where Mary would have been known. He also said that Mary was
over twenty one and married with the consent of her parents; he had obviously
forgotten about any details on the license and presumably never saw the
allegation. In the normal course of events the parish register would be
unlikely to be checked at the time but as it happened, William Stephenson’s
lawyer, Robert Breckon, checked the register on the 19th November
1846 expecting to find Mary Stephenson and was surprised to find the entry
included the name Calvert.
Mary was given away by Thomas Jackson, a childhood
friend of William’s and, immediately after the marriage, Mary and William went
back to Brockrigg where they consummated the marriage. The very next day Mary
returned to her father’s house having been summoned by her mother the night
before, her father being in great distress as he did not know she was getting
married. I presume that William Stephenson would not have given his consent to
the marriage had he been approached. William was well known in the area,
notorious even, and I have an image of a young girl whose head was turned by
the attentions of a man nearly ten years older than her but who knew what her
father’s reaction would have been. Whatever Mary was thinking of at the time it
would not be long before she would regret her actions.
Mary stayed at Newbiggin Hall until about May Day
of that year when she went to live at Brockrigg before moving back to Newbiggin
about a month or so before the birth of their first child Anne on the 11th
October 1833. William visited her several times at Newbiggin. It was within weeks of their marriage that
William showed his true colours and started to treat Mary in a harsh and cruel
manner, swearing at her, striking her with his fists or with a whip and kicking
her. In March, whilst accompanying Mary
home, William threw her to the ground, tore off her wedding ring and threatened
to be ‘her butcher’ which she took to mean he would kill her. On the 10th
June that year William forcibly pulled Mary off her horse and then deliberately
rode over her forcing her to mount her horse immediately afterwards, before
whipping her across her shoulders. On arriving home, Mary went straight up to
bed which William did not like so he took a pitcher of water upstairs to throw
at her. Unfortunately, his mother was sat with Mary and took the brunt of the
soaking.
All instances of violence were witnessed by other
people; William was not inhibited by the presence of others. John Hoggarth, a
neighbour from Newbiggin had accompanied Mary home after she had visited her
sick mother against William’s wishes. He was present when William tried to
attack Mary and restrained William. Simpson Weetman, a servant, was present at
this incident as well as at the earlier one. Another servant, Mary Fletcher who
worked for the Ellerby’s from about 1834 – 1837, witnessed several instances of
William’s behaviour. On one occasion he threatened his mother if she would not
give him any money and on another she saw William accuse Mary of having another
man in the house, going on then to throw her off a chair causing a lump to form
on her elbow. Mary had her second child Hannah on the 18th November
1835; the parish register gives Hannah’s mother’s name as Sarah which is very
confusing for researchers and it is only the testimony of Mary and other
witnesses that confirms who Hannah’s mother was.
Probably the most shocking incident reported was on
the 15th August 1836 when William came back to Brockrigg from some
races at Lythe at about midnight. He was drunk and found the door locked. His
wife Mary, and Mary Fletcher were waiting for him. William got his gun
threatening to shoot them. Holding up the loaded gun he fired twice at the two
Mary’s much to their terror. Fortunately the gun did not go off and William’s
mother came and took the gun from him. Undeterred William went and got two
pistols threatening the women using violent and offensive language. After a
short while he left and went to an inn in nearby Goldsborough where he remained
for several days.
By the Spring of 1837 Mary’s friends had become
very alarmed by her delicate and declining health due to William’s cruelty and
lack of proper and sufficient food. John Hoggarth went so far as to say that if
she did not leave he was sure she would soon be dead. About the 1st
May of that year Mary moved to her father’s house at Newbiggin Hall and had no
more contact with William. It is unclear whether she took their daughters Anne
and Hannah with her; it would appear not as they were with William in 1841 and
also in 1848. Although there is no written evidence, it would appear that
William tried to accuse Mary of violence towards him but this was refuted by
Mary Fletcher who also said that William only ever abused Mary when he was
intoxicated. Indeed all of the witnesses stated that Mary was a woman of very
good character, respectful to her husband and an amiable and obliging woman.
The only dissenting voice was that of Doctor Loy who said that perhaps Mary was
a little ‘indulged’ being an only child.
With Mary gone, William was free to do as he
pleased. In about 1838 a young girl named Elizabeth Surr went to work at
Brockrigg where she had worked for a short while when Mary was there. After
about a year Elizabeth began an ‘improper connexion’ with William and
inevitably became pregnant. Her daughter Mary Ann Surr was born in October 1840
and William acknowledged that he was the father, paying the doctor’s fee and
some maintenance. When the baby died in March 1841 he paid for the funeral.
Elizabeth had gone to live with her mother and the baby was buried at
Hinderwell. Elizabeth later married Andrew Toase in 1845 and had more children.
In the 1841 census William was at Brockrigg with his mother and daughters as
well as some servants. Mary Stephenson Ellerby was at Newbiggin Hall with her
parents.
At some point in 1842 William began a relationship
with Sarah Elders (aka Elder), the wife of Joseph Elders a mariner. Sarah was
baptised on the 16th March 1821 in Lythe, the daughter of Matthew
and Mary Dobson of Mickleby. On the 24th June 1841 Sarah married
Joseph, son of James and Ann Elder of Whitby.
With Joseph away at sea, Sarah did not stay at home waiting for him. It
would appear that Sarah and William would meet in Whitby at the Ship Inn. On the 9th March 1843 Henry
Armstrong, a decorator, was working in the inn when one of the servant girls
told him that something odd was going on in a back room. Henry went and got a
gimlet and drilled a hole in the ceiling to spy on the occupants, fetching a
bigger gimlet to make a bigger hole when he couldn’t see properly! There he saw
William Ellerby and Sarah Elders committing adultery. Henry had known William
for about 15 years and had known Sarah before her marriage so there was no
doubting the identity of the pair.
At around that time Sarah moved into Brockrigg farm
as ‘housekeeper’ to William. However, they lived openly as man and wife, Sarah
accompanying William to fairs and markets and on one occasion staying with
William as ‘Mrs Ellerby’ in Northallerton when William went to be a juror there
in June 1846. Everyone in the neighbourhood knew what the situation was and
Sarah and William were quite open about their relationship. There were many witnesses who acknowledged
this. As with Elizabeth Surr, it was inevitable that Sarah would become
pregnant. In total she had 5 children,
all with surname Elders, but all acknowledged by William as his children. There
was Mary baptised 10th November 1843, Emma baptised 7th
October 1844, Sarah Elizabeth baptised 6th November 1845, William
baptised 13th February 1847 and George Ellerby Elders baptised 15th
April 1849. They were all baptised in Lythe and the father was named as Joseph
Elders. Anyone tracing this line would have a bit of a shock if they knew the
truth!
In about 1845 William bought a farm at West Barnby
and left Brockrigg, his mother having died in December of that year. Needless
to say his behaviour did not improve. The Yorkshire Gazette of June 14th
1845 tells how William Ellerby of Barnby ‘a person of great notoriety’ was
arrested for shooting his servant John Rooks. William had come home drunk and
started quarrelling with Sarah Elders. John Rooks went to her aid and William
pulled his hands out of his pocket and a small pistol fell out which apparently
went off and shot Rooks in the knee. On hearing this William said he would have
fired at Sarah if he had another pistol. He did then go to fetch the doctor and
was arrested later by the constable although Sarah tried to stop the constable.
William admitted being drunk and said he had caught the trigger when pulling
his purse out of his pocket. The case was eventually dismissed because of the
ambiguity of the witnesses’ evidence but William was severely admonished by the
magistrate.
William clearly had a volatile relationship with
Sarah and in late 1845 he talked to his friend John Pearson Linton about how he
wanted to part from Sarah but didn’t know how to set about it. John suggested
settling some money on her but William said that there were the children to
think of. John asked if William was sure they were his to which he replied that
there was no doubt. John suggested William talk to his uncle Richard Wilson
about it as William had ‘expectations’ of Richard.
Richard Wilson died in the June Quarter of 1846 and
his will, proved in January 1847, showed that, apart from some small bequests,
he had left his entire estate in trust for William. It can be no coincidence
that on the 5th December 1846 Mary Stephenson Ellerby brought her
case against William. According to the Yorkshire Gazette of May 21st
1847 Mary claimed that she didn’t want to bring the case whilst William’s uncle
was alive and to protect her children. Why else would she have waited 9 years
to seek alimony? She must have known that William was his uncle’s beneficiary;
perhaps her father encouraged her, feeling that her husband should be
supporting her rather than him? Part of William’s defence was the question why
had Mary waited so long, a question that was never satisfactorily answered,
although there was the suggestion that Mary had not been aware of William’s
adultery at first. William also claimed that she colluded with his adultery
because she had left him but the judge or ‘Chancellor’ of the court was
satisfied that she had had no choice but to leave William and so it was not her
fault.
The process of law took some time but on the 25th
June 1847 William’s Proctor William
Hudson was sent the ‘Allegation of Faculties’, questions relating to William’s
finances including the value of Richard Wilson’s estate so that alimony could
be decided upon. Mary claimed that William was entitled to an income of more
than £200 per annum of which she was claiming £100. Needless to say, William
refuted this saying that the properties were in poor repair and the land in bad
condition. Also he had a lot of debts which had to be paid so the income was
much less than Mary was claiming. His responses to these questions had to be
returned by the 2nd November 1847 which was duly done. William also
seemed to think that Mary would be entitled to money from her father, obviating
the need for her to receive anything from her husband. William Stephenson had
written his will on 11th September 1847 and he died two months later
at the beginning of December. His lawyer, Robert Breckon refused to disclose
the contents of the will but when it was proved in February 1848 the very short
will showed that William Stephenson had left everything to his wife Hannah and
nothing to Mary.
However, on the 6th November 1847
William upped and went to Dunbar in Scotland taking with him his two daughters
Anne and Hannah as well as Sarah Elders and their four children. There is no
mention of Sarah in the court papers but she was not called as a witness and
her fifth child George Ellerby Elders was born in Dunbar according to his
baptism record in Lythe on the 15th April 1849. On the 8th
November a public auction was held at William’s farm of the farming stock,
crops, implements, dairy utensils and furniture and on the 9th
November the farm itself and the land was sold to William’s friend Thomas Jackson for about
£1532. William had deliberately gone to Scotland so that he did not have to
submit to the decisions of the court, which he freely admitted to his friends
John Cooper and Francis Peirson. The sale of his farm gave William the funds he
needed to be able to set himself up elsewhere. On the 4th December
the court ordered William’s assets to be seized, this presumably being the
income from his uncle’s estate. In January 1848 the court took the evidence of
the witnesses and William’s proctor was ordered to reveal his whereabouts.
Notice was served on William in Dunbar that he was required to return to
Yorkshire to face the courts which William refused to do. In his absence
alimony of £75 per annum was awarded to Mary in June 1848 and the case was
closed.
Of course this wasn’t the end of the story. I have
not been able to find out anything so far about William’s time in Dunbar which
was not as long as he might have wished. On 18th March 1849 William
died and his remains were brought back immediately to Yorkshire. He was buried
in Lythe churchyard on 22nd March. As civil registration did not
start in Scotland until 1855 there is no death certificate so I do not know how
he died. He also appears to have left no will and although the terms of his uncle’s
will meant that in the event of William’s death his daughters would be the
beneficiaries, this does not include the money that he had from the sale of his farm.
So what happened to the rest of William’s
family? In the 1851 census Mary
Stephenson Ellerby was living in Brotton with her widowed mother and Anne and
Hannah were at a school in Northallerton. Sarah Elders with three of her
children, Emma, William and George along with a lodger John Easington, were
living in a house in East Row, Newholm cum Dunsley. Her other two chldren, Mary
and Sarah were living with Sarah’s mother in Mickleby. Also in the house in
East Row, but enumerated separately were Hannah Kirk and her sister Elizabeth.
Both of these women were beneficiaries of Richard Wilson’s will, William’s
uncle who had lived there. It cannot be coincidence that Sarah Elders is living
in the same house. Did the trustees of the will take pity on her? Had William
given her any money he had left from the sale of his farm or had he made a will
leaving her the money?
On the 21st March 1854 Anne, daughter of
William and Mary Ellerby, died in Brotton of ‘brain fever’. Her death certificate gives her father’s name
as Thomas Ellerby but as the informant was not her mother this might explain the
error. She was buried with her father in Lythe and the entry in the burial
register gives her place of abode as Brotton.
On the 8th May 1856, Mary Stephenson Ellerby married her
cousin Thomas Pressick Andrew of Skelton. Thomas and Mary’s mothers were
sisters. Thomas had been married before but both his wife and child had died
and he and Mary had no children. Thomas died in 1870 and Mary in 1871 and I
would like to think that their marriage was a much happier one than Mary’s
marriage with William Ellerby. On the 13th
January 1858 Mary and William’s daughter Hannah married Thomas Pressick
Andrew’s youngest brother George Andrew making Thomas both her father in–law
and her brother-in- law.
And what of Sarah Elder? In 1861 she was living in
East Barnby described as a seaman’s wife. Living with her was the same lodger,
John Easington, her children Emma, Sarah, William and George as well as two
more children, Hannah, baptised as Dorothy Hannah Elders on the 8th
April 1855 in Lythe, and John Elders born about 1857. The Lythe burial register
also has a burial for a Hannah Elders of East Row buried on the 13th
April 1854 aged 2. I think that this must be a daughter of Sarah’s and I would
also hazard a guess that the lodger, John Easington, was probably the
father. After 1861 I can find no mention
of Sarah or of her children apart from some possible marriages for some of the
girls. There is a burial of a Sarah Elders in late 1861 but this most likely
refers to another Sarah in Whitby who was slightly younger. Joseph Elders,
Sarah’s erstwhile husband, who is named as the father of all of her children
appears to be living a completely separate life and there is also the
possibility that he either married someone else bigamously or said he was
married. In 1851 Joseph is living with his widowed father and his sister in
Bridge Street, Whitby, described as a mariner and married. In 1861 he is living
in Whitby with a wife Hannah and a son William born about 1852. The age and
occupation are correct; if it is him he probably married a Hannah Hugle in
Hartlepool in 1851/1852 but without getting the marriage certificate I cannot
be 100% sure.
I am sure that this tale will have given people
some food for thought – it certainly did me!