John Patrick Cusack

GEDCOM Note

John Patrick CUSACK, was the first child born to Michael Cusack, a farmer / labourer, and Bridget Morgan in April 1846 in Clohans, Killard Civil Parish, West County Clare, Ireland. John was born at the height of the Potato Famine, caused due to the failure of crops throughout Ireland because of diseased potatoes. The most devastated part of the country was West Clare where John lived with his parents. Many children and their families perished because of starvation, fever and disease. John survived and his family survived even though they were made homeless after being evicted because Michael was unable to pay his rent for their cottage.

Little is known of John's life in Ireland, but during the better years after the famine, he received some education as he was able to read and write.

Migration records show that John Cusack, an 18 year old Irish labourer, single, embarked from Liverpool aboard the ship "Tornado", under the command of Master Samuel Underwood, on 2 July 1867 bound for Melbourne. The "Tornado" was registered at 1728 tons and on this occasion it had a load of 1740 tons and a total of 116 passengers. The journey from Liverpool took 140 days.

Although he was 21 years old, he gave his age as 18 years, and it was not uncommon for the head of the family or a single son to travel prior to other family members. In this case his mother, Bridget, sister Catherine and younger brother James all travelled to Melbourne in 1869. It appears that Michael, John's father was no longer alive, therefore making John the head male in the household.

John, and his family members, were all unassisted immigrants, and the journey to Australia was quite expensive so it can be assumed that their life in Ireland had improved since the famine and that they were no longer living the lives of paupers.

Like a lot of the Irish immigrants, John made his way to the Ballarat region, perhaps to find his fortune in the last of the gold rush or perhaps to work amongst his fellow countrymen. Whatever the reason, John performed work he was no doubt familiar with, that of a farm labourer with Mr Cody of Warrenheip. While working there, on 17 Apr 1869, John applied to the Lands & Works Board to transfer a licence for Allotments 1, 2 & 3 of Section 24 in the Township of Warrenheip from Gilbert Gavin Campbell to himself. Campbell also completed an Application to Transfer the Licence to John, stating his reason for transfer being that the land was "to small to keep my family". This was John's opportunity to become a farmer and forge ahead in his new adopted country. In hindsight, he should have noted why Campbell was leaving this land and the surveyor's report which said "although auriferous (yielding gold) there was no positive value for mining". This was harsh ground.

With the transfer now complete, John complied with his licence and built a hut and resided on his land. By this time, his mother, sister and brother had arrived from Ireland and lived with him. Over the next two years he fenced, cleared, cultivated and paid his rent to the Lands & Works Board regularly, but continued with his employment with Mr Cody. On 24 July 1871, John made application to purchase his land and provided proof that he had made improvements and paid twelve pound, five shillings in rent and fees over the past two years. On 17 Nov 1871 John paid one pound for his Certificate fee, one pound for the Crown Grant and four pence for Assurance and became the title holder of his own farm of seven acres, 3 roods, 13 perches within the town boundary of Warrenheip. This amount of land in Ireland constituted a farm and would feed his family, provide employment and produce sufficient crop to sell to pay the rent. This land seemed to do little in this regard. Bounded by three roads, the address is now recorded as 32 Orchard Lane, Warrenheip. John retained ownership of the land until the 27 May 1880, at which time it was sold by mortgage to Frederick Everingham (and Alexander Mackay Greenfield)

The Bunninyong Shire, North Riding, Rate Books from 1871 to 1881 show: -

14 Sep 1871 - No 442, Cusack, John Labourer Tenement & Land at Warrenheip with Net Annual Value of 10 pounds and Rate @ 12 pence in the pound = 10 shillings.

This amount paid 19 Nov 1871. During the following years, the rate remained the same, but John's occupation changed to Farmer. The Rate Book dated 24 Sep 1874 showed John again as a Labourer and that the Net Annual Value of his property was now 8 pounds and rates due were 8 shillings. Rates for the 30 Sep 1877 showed the Net Annual Value rise to 11 pounds with the Rate of 11 shillings due.

In 1868 a small group of Irish Catholic men of Ballarat met at the White Hart Hotel where they formed the Ballarat Hibernian Society. The aims of the Society were to assist Irish Catholics with sickness and funeral benefits. Other towns followed, setting up their own Societies and in 1871 they amalgamated forming the Hibernian Australasian Catholic Benefit Society (HACBS), which by the end of the century had branches all over Australia. The Ballarat branch, unlike the rest of the Society, were keen on maintaining a high public profile and from inception gave considerable attention to designing Society regalia. They were frequently reported as occupying prominent positions in community ceremonies in Ballarat. In the first year or two of the Society's existence, John became a member of the Bungaree branch of the HACBS. On 11 Mar 1873 at a meeting in the Branch Room on Black Swamp Road, Bungaree, John moved that Michael Hanrahan be appointed as a member of the Society. Continuing his membership with the Society he actively supported it by holding various positions and at a meeting held on 30 May 1891 he signed various forms as Secretary. Little did he realise that his example would be followed by his son and grandson bearing his name, both of whom would join and hold positions with HACBS.

In the mid 1970's, John appears to have taken on the added responsibility of a "ranger" or "assistant pound keeper". The Victoria Government Gazette dated 28 Apr 1876 on page 820 under the heading Impoundings, carried the following notice......

"Bungaree - Impounded at Bungaree Shire Pound by John Cusack - Trespass 8 shillings each. 1 red cow, spotted face, heart off rump. 1 red cow, HS near shoulder. 1 red and white heifer, no visible brands. If not claimed and expenses paid, to be sold on 24 May 1876. Thomas Bentley, Pound keeper"

The Government Gazette of 2 Mar 1877, page 465 under Impoundings, carried a similar message ..

"Bungaree - Impounded at Bungaree Shire Pound by John Cusack - Trespass 8 shillings. 1 bay mare, very faint brands like JN or JM off shoulder. She may not be branded - only scratched. If not claimed and expenses paid, to be sold on 28 Mar 1877. Thomas Bentley, Pound keeper."

In 1878, John was again listed as being a Farmer, but his annual Rate of 11 shillings was not paid to the Council. The 1879 Rate Books showed that he paid 1 pound, 2 shillings, being double his 11 shillings due each year, therefore paying the rates for both 1878 and 1879.

Beside his entry in the 1881 Rate Book was the handwritten entry of "46 /- 2 votes". This indicated that because of the value of his property he was entitled to two votes at Council elections. The following year the Net Annual Value of his property fell to 7 pound and the rate of 7 shillings was paid very late. The entry in the Rate Book of 30 Sep 1882 showed John's occupation as Innkeeper and that the value of his property had risen to 35 pounds with the rate of 1 pound, 15 shillings payable. This was John's last entry in the available Bunninyong Shire, North Riding Rate Books.

At the Licensing Court at Bungaree Petty Sessions on 11 Sep 1879 an Application for Transfer of Licence for the Warrenheip Hotel, Leigh Creek from John Joseph Goller, Executor and Administrator of the late James O'Hehir to John Cusack was granted.

At some stage during the 1870's, John met Elena Berkery, perhaps when he was dealing with impounded stock at the pound, as it was located beside the six acre property belonging to Patrick Berkery, Elena's father, on Black Swamp Road, near Leigh Creek. They may have also met at social functions at the Leigh Creek Hotel when he was the hotelkeeper as it was about a mile away from her family home.

At the time of is his marriage to Elena, on the 29 Jan 1880 at St Patrick's Cathedral, Ballarat, John's occupation was Hotel keeper. He recorded that his father, Michael Cusack's occupation was a farmer. Rev. Fr. Michael Sheridan performed the marriage. Witnesses to the marriage were Dennis Connelly and Elena's older sister, Winifred Berkery.

In the Victorian Government Gazette dated July 9, 1880, page 1773 read that in the Court of Insolvency, Ballarat - No. 631 - In the matter of John Cusack of Warrenheip, in the colony of Victoria, farmer and publican. Notice is hereby given that the estate of the said John Cusack has been sequestrated;and that a general meeting of creditors is to be held at the Court House at Ballarat on Monday 12th July 1880 at 11 o'clock in the forenoon. Mr W.D. McKee is the assignee named in the order.

The Argus newspaper on 7 July 1880 under the heading New Insolvent, carried the notice - «b» «/b»"John Cusack, of Warrenheip, farmer and Publican. Causes of insolvency - Losses by bad crops, and from low prices obtainable for produce; losses in business as a publican from bad debts and pressure of creditors. Liabilities, £349 14s; assets, £55; deficiency, £294 14s. Mr W. D. McKee, assignee."

John's licensee application for the Warrenheip Hotel, Leigh Creek was renewed at the Bungaree Petty Sessions Licensing Court over the next few years on 11 Dec 1879, 9 Dec 1880 and 22 Dec 1881. On 22 Dec 1881 an application to transfer his licence to a Booth at the Catholic Demonstration at The Junction on Boxing Day - granted. His licence continued to be renewed on 21 Dec 1882, 20 Dec 1883 and 22 Dec 1884. On 22 Dec 1884 he again applied to transfer his licence to the booth at the Catholic Demonstration at The Junction on Boxing Day - granted. Wise's Directory for 1884 - 1885 listed John as the Hotelkeeper of the Leigh Creek Hotel. On 24 Sep 1885 an Application for Transfer of the Licence to James Doolan was granted. (The Warrenheip or Leigh Creek Hotel was destroyed by fire in July 1970).

John's business and social life between 1977 and 1897 brought him in contact with the Courts on a few occasions for a variety of matters.

He appeared at the «b»Bungaree Court of Petty Sessions«/b» on -

27/12/1877, Non payment of rates of one pound, ten shillings. The result listed was No Service.

27/12/1878, Non payment of rates of one pound, ten shillings. The result listed was No Service.

12/3/1880, Dispute as to time worked, rate of wages thereafter and use and hire of chattels to the value of four pound, two shillings and sixpence. Complainant was Patrick McMahon. Order made to pay three pound five shillings with five shillings costs.

28/11/1889, Excessive trespass rates on 5 horses impounded The complainant was Michael Hanrahan. He was fined three pound, ten shillings and sixpence default distress with one shilling costs and ordered to pay one pound, eighteen shillings and nine pence from the sale was ordered to be returned by the pound keeper to the complainant. Paid.

4/5/1893, Neglecting to cause a child Kate Cusack to attend school in the required period. Fined five shillings with two shillings and sixpence costs in default 4 days imprisonment. (Second offence). «tab» 21/2/1895, Non payment of rates of fifteen shillings. Order for fifteen shillings payable in 7 days.

18/4/1895, Neglecting to cause a child Margaret and Michael Cusack to attend school 40 days,quarter of year ending 31/12/1894. Fined two shillings and sixpence with costs of two shillings and sixpence in default 2 days imprisonment on each child. Paid.

15/4/1896, Neglecting to cause a child Margaret Cusack and Michael Cusack to attend school 40 days in 1895. Fined one shilling in default 1 days imprisonment on each child. (Both charges)

15/4/1897, Neglecting to cause a child Margaret Cusack and Michael Cusack to attend school 40 days, quarter of year ending 31/3/1897. Fined one shilling in default 1 days imprisonment on each child. (Both charges).

«tab»«tab»«tab»«tab»«tab» At the «b»Ballarat East Court of Petty Sessions«/b», John also appeared on a few charges -

3/6/1891, Drunk and disorderly, charged by Constable M. Carroll. Matter was dismissed.

16/6/1897, Complaint to recover ten shillings and threepence for goods sold & delivered. Complainant was William Scott. Adjourned to 17/6/1897.

17/6/1897, Matter adjourned from previous day above. Ordered to pay ten shillings and three pence and five shillings costs. Exparte.

Once again, John's movements from 1885 to his death in 1898 are not known although in 1886 he listed his occupation on his son Michael's birth registration as a contractor. On subsequent birth registrations he listed himself as a farmer, until 1897 when on Patrick's birth registration he stated he was a labourer. Ballarat Hospital records for 1897 also record his occupation as labourer and residing at Bungaree.

John and Elena appear to have built a home on Patrick Berkery's land, in front of his house at Bungaree. Lucy O'Donohue nee Maher, niece of Denis Maher, Elena's second husband following John's death, stated in 2012 that as a little girl in the 1920's she remembers two homes were on the block, one Cusack's and one Berkery's. Records show that Bridget Cusack stated she lived near Leigh Creek when admitted to Nazareth House in May 1892. Following John's death, Elena married Denis Maher in 1901 and undoubtedly moved to his home. After Patrick's death in 1904, Johanna Berkery sold the property in 1911. Denis Maher purchased the property in 1919 a almost certainly lived there with Elena until her death in 1921. Denis remarried in 1923 to Kathleen Meade and sold the property to John Patrick Cusack, John and Elena's son. He and wife Elizabeth Madigan raised their family there until he sold in 1945.

John and Elena appear to have hit difficult times in the late part of his life. In June 1897 he appeared before the Ballarat East Court of Petty Sessions on a complaint to recover ten shillings and threepence for goods sold and delivered. In June 1898, after John's death, Elena appeared at the same court on a complaint to recover one pound, five shillings for goods and chattels sold and delivered.

John died on 16 Mar 1898 at Austin Hospital, Heidelberg as the result of exhaustion and cancer of the torso for which he had been suffering for at least one year. According to the certificate he was 50 years of age. John 's death certificate information was supplied by his brother-in-law, Patrick Berkery, a Constable stationed at Little Bourke Street, Police Station, Melbourne. He stated that John was a Labourer and resided at Bungaree Junction and that he had been residing in Victoria 30 years.

In the Ballarat Courier of March 1898 the following Death Notice appeared: - "CUSACK At the Austin Hospital, Heidelberg, John Cusack, late of Bungaree. R.I.P."

Two days later, on 18 Mar 1898 at Ballarat New Cemetery, John was buried ( RCB.13.12), sharing his grave with his mother Bridget, his children Mary Ann 8 months old, Winifred 6 months old and Patrick 14 months of age, and later his brother James.

The Ballarat Courier published on Saturday 19 Mar 1898 carried the following article under the heading of Obituaries : - "The funeral of Mr. John Cusack of Bungaree took place yesterday. The remains were interred at the Ballarat New Cemetery. The funeral was largely attended. The coffin bearers were Messrs J. Berkery, P. Berkery, D. Berkery and H. Kavanagh and pall bearers Messrs. M. Kenny, P. Conlon, J. Quinn, R. Bourke, G. Taffe and M. Taffe. The service at the grave was conducted by the Rev. Father Ryan and the funeral arrangements were conducted by Mr. Stephen Wellington".

It is difficult to find a reason for John's apparent lack of funds after he settled in Australia. Perhaps he made some poor decisions through his life, such as choosing poor land to farm and extending credit, perhaps he was not as energetic a worker that he could have been, it may have been his health holding him back or perhaps like so many of the other men in the district at the time, he may have spent his money on drink and tobacco leaving little for the family and financial gain.

Whatever the reason, after John's death life did not improve for his family with Elena making several appearances at courts for unpaid debts and failing to send children to school.

GEDCOM Source

Kilkee Catholic Church Parish Register @NS20611@ Baptisms Apr 1847 QUAY 0

GEDCOM Source

Victorian Death Certificate @NS23361@ Reg. 2706 / 1898 QUAY 0

GEDCOM Source

Ballarat Cemetery Records @NS17661@ QUAY 0