John Marshall

1809 - 1891

John was born in Elton in 1809, the son of John and Hannah, and baptised there on 30th July ⁽¹⁾. He had two older brothers, Roger and James, and two older sisters, Mary and Sarah ⁽²⁾, however his sister Mary died before he was two ⁽³⁾. His brother Charles was born in 1814 ⁽⁴⁾, followed by Abraham in 1816 ⁽⁵⁾. His only younger sister Hannah was born in 1819 ⁽⁶⁾, before three more brothers - Daniel in 1822 ⁽⁷⁾, Jonathan in 1825 ⁽⁸⁾ and finally Henry in 1828 ⁽⁹⁾. His sister Hannah died a few months later ⁽¹⁰⁾, and then youngest brother Henry died at just a year old ⁽¹¹⁾.

Nothing is known of John's early life, but by 1833, when his first son, John George, was born illegitimately, either he, or the childs mother, Jane Fearn, or both of them, were living in the workhouse in Alstonfield ⁽¹²⁾.

He stood by the mother of his child, but I can find no trace of a marriage. However their movements over the next five years are unknown, so its possible they married during this period. Certainly Jane had taken his surname by the time of their daughter Sarah's birth, in Clarkes Yard, Chesterfield, on 1st April 1838, when John was an excavator on the railways ^(13)(14).

He was soon on the move again, and by about 1840, when his next daughter Jane was born, he was back in Elton ⁽¹⁵⁾. The family appear in the census of the following year, by which time John had become a lead miner ⁽¹⁶⁾. His daughter Amanda was born a few months later ⁽¹⁷⁾, but he is believed to have been sent to prison for poaching, within a couple of months of her birth. (His possible criminal record is discussed below). He had a son James in 1844 ⁽¹⁸⁾, but he only survived a few months ⁽¹⁹⁾, so when he had another son the following year, he was also given the name James ⁽²⁰⁾. His youngest daughter Lavinia was born in 1847 ⁽²¹⁾. Her baptism seems to have been something of a family affair, as John's brothers Charles and Jonathan also had children baptised at the same time! ^(33)(34)

Soon after this he was on the move again, this time to Litton Slack ⁽²²⁾. However this was short lived and he had moved to Bamford by 1852, where his youngest son John was born ⁽²³⁾. Its not known how long the family stayed in Bamford, but they moved down to Witney in Oxfordshire at some stage - possibly after the deaths of his father in 1853 ⁽²⁴⁾, and his mother in 1855 ⁽²⁵⁾. Certainly they were there by the time of the 1861 census, when John was described as a gamekeeper ("poacher turned..."?) ⁽²⁶⁾. Again they didn't settle for too long, and by the next census in 1871 they were back up in Derbyshire, living in Sheldon, where John had gone back to into lead mining ⁽²⁷⁾.

His last move was back home to Elton, where he was living by the next census of 1881 ⁽²⁸⁾. His "wife" Jane died there in January 1891 ^(29)(30). It seems likely that either she had nursed John in old age, or that her death was a severe blow to him, as straight after her death, he moved into the workhouse at Bakewell, where he died two months later, on 18th March ⁽³¹⁾. He was buried in Elton 3 days later ⁽³²⁾.

Was John a notorious poacher?

Its possible that John was convicted numerous times for poaching. However, there were many other people fitting the description "John Marshall of Elton" living around the same time as him.

In the Derby Mercury of 1st December 1841, the following appeared:

COMMITTED TO DERBY COUNTY GAOL
Abraham Marshall, of Elton, committed for three months, with hard labour, for poaching, and at the expiration of his imprisonment to find sureties for 12 months.
John Marshall, of Elton, committed for six months, with hard labour, for poaching, and at the expiration of his imprisonment to find sureties for two years.

The same paper, dated 19th June 1850 mentions:

COMMITTED TO DERBY COUNTY GAOL
John Marshall, of Elton, one month and hard labour, or pay £1 16s, for trespass.

John Marshall and Henry Knowles appeared to a summons, charging them with having unlawfully used a net, for the taking of game, on Sunday the 7th instant, in a field in the occupation of Mr John Allsop, at Elton, the land being the property of Mr Thornhill. In this case the last named gentleman declined to set magisterially, and the same offer was made to defendants as in the last case [In the previous report the defendants were offered the choice of the case being heard by the one magistrate, or have the case adjourned until the next sitting]. Marshall and Knowles were youths of about fifteen, and their parents who were present, prefered their cases to be at once proceeded with. George Webster, a keeper, proved that on the day above mentioned, he saw the two defendants and two other boys in Mr Allsop's field, where they had a hare net set in a gap, and they were evidently beating for a hare; they were when first seen by witness about two yards from the net, and when they found they were seen, they all ran away, and Marshall who had the net dropped it; (the net was here produced, and was a regular hare net, and a keeper present said it was strong enough to hold a sheep) witness spoke to the boys, but they made no reply but ran off. Both lads had said on Friday (the day of the hearing) that they had been beating for a hare and were guilty. The mother of Knowles admitted to two of her boys having been present, but denied all knowledge respecting the net, and added she had never allowed a hare to be brought into her house in her life. The boys were convicted, it being Sunday poaching, in £5 between them, and 14s 6d expenses each. Mrs Knowles paid the money, and was told by the Bench that she was worse than her children; she was also cautioned not to let them appear here again.

No more newspaper reports have been found until one from 31st October 1877, again from the Derby Mercury:

John Marshall and John Stone, miners of Elton were summoned for night poaching at Manston-lane, near Youlgreave, on the 18th of October. Marshall did not appear. Marshall was fined £5 and costs, 10s 6d, or two months; Stone 40s and costs, 9s, 6d, or one month.

Just a few months later on 13th February 1878, the Mercury included the snippet:

John Marshall, of Elton, was charged with being drunk and riotous at Elton, on Saturday, February 9th, and fined 10s and costs 10s 6d, or seven days.

NIGHT POACHING AT HARTHILL - GAMEKEEPER CENSURED
At the same Sessions, John Marshall, alias "Midge", and John Marshall, alias "Spring", both of Elton, were charged with night poaching at Harthill, on the 8th instant, and the former with assaulting two gamekeepers, named respectively George and Arthur Webster, at the same time and place. "Midge" also charged the two Websters with unlawfully assaukting him on the same occasion. Mr Brown, of Stockport, appeared for the two Marshalls. It appeared from the evidence that a desperate struggle took place between these poachers and the keepers. The charges of assault were dismissed on both sides, and the Bench sentenced Marshall, alias "Midge" to one month's imprisonment with hard labour, and Marshall, alias "Spring" to seven days imprisonment. This was "Midge's" fourteenth appearance for offences against game laws, and he was now let off so lightly on account of the serious injuries he had received. The Bench censured the keepers.

John Marshall, jun, of Elton, who has just served a term of imprisonment for night poaching, was fined £2 and 15s costs for game trespass on land in the occupation of William Bourcan at Middleton by Youlgreave, on 21st August. John Slater, of Middleton, farm servant, said that, as he was passing along the road, he saw defendant in an adjoining field setting a net, and spoke to him. This is the 16th conviction against the defendant.

Just a fortnight later, another report in the Mercury:

DRUNKENNESS AT NEWHAVEN FAIR
Thomas Gould, of Warslow, was charged with being drunk and refusing to quit licensed premises at Newhaven on the 9th inst. Fined 10s and costs. Walter Austin, of White Cliff, Parwich was charged with a similar offence. Fined 10s and costs. William Heathcote, of Elton, was fined 5s and costs for being drunk on the same occasion. John Marshall of Elton, who did not appear, and who is said to be well known to the police at Bakewell, was fined £1 and costs for being drunk and disorderly at the same time and place.

A POACHER'S TWENTIETH CONVICTION
John Marshall, alias "Midge" of Elton, was charged by Police constable Andrews with being in the unlawful possession of a rabbit on the highway at Bakewell, on 21st Nov. Defendant did not appear. The officer stated that he met Marshall, who had a snap dog with him. He found a rabbit in one pocket. The Chairman said it appeared that this was Marshall's twentieth appearance before the Court for various offences. The full penalty, £5 and costs, would therefore be imposed.

AN OLD POACHER NEATLY CAUGHT
At the Petty Sessions on Friday John Marshall alias "Midge", of Elton, 24 times previously convicted of poaching and other offences, was charged by Police constable Andrews, of Bakewell, with being in possession of a poaching net on the highway at Bakewell, and which he was suspected of having used for the purpose of taking game. Defendant did not appear. The officer noticed that "Midge" was suspiciously bulky, and on examination a poaching net 100 yards in length was found coiled around his body. Fined £2 and costs, or one month's imprisonemtn in default, the net to be forfeited

• John George was born in Alstonfield in 1833. He went by the name of George. As a teenager he worked as cotton spinner, but nothing more is known of him.
• Sarah has her own page.
• Jane was born in Elton in 1840. As a teenager she worked as a cotton spinner, then at 18 she married Francis Howard (son of Francis Howard of Ashford) in Bakewell. They had a son George in Ashford, before moving to Derby, where they had a daughter Jane Charlotte. They then moved back to Elton where they had a son Francis and a daughter Jemima. They finally settled in Sheffield around 1870, where thay had five more children - James, Ellen, William, Edwin and Joseph. Jane died there in 1894.
• Amanda was born in Elton in 1841. As a teenager she moved to Oxfordshire with her parents, where she met and married Absalom Dix, in Hailey, in 1861. They moved back up to Derbyshire and lived in Great Longstone, where they had daughters Clara and Alice. They moved to Ashford where they had a son Absalom, before moving to Yorkshire, where they had a daughter Emily. Finally they moved to Lanarkshire in Scotland, where Amanda died in 1901.
• James was born in Elton in 1844, but only lived for a few months.
• James was born in 1845. Sometime in the early 1870s he married a woman called Phoebe, and they lived in Leeds, where they had sons John Thomas and James Herbert, and a daughter Edith. James died sometime in the 1890s.
• Lavinia was born in Elton in 1847. In 1867 she married William Hayto and they settled first in Long Eaton, where they had a son George and a daughter Caroline, before moving to Darley Dale in the mid 1870s, where they had daughters Ann & Florence, then son Hector, daughter Maude, son Ernest, daughter Adelaide, son Archibald, and finally daughter Gertrude about 1890. They were still in Darley Dale in 1901. Nothing later is known of her.
• John was born in Bamford in 1852. He married a woman called Mary in the 1870s, and they had two sons, Walter and George. He then possibly married for a second time, a woman called Fanny, with whom he was living in Handsworth, Yorkshire in 1901.

1. Parish Register of All Saints, Elton includes the entry:
   [Baptisms 1809, July] 30 John Son of John & Hannah Marshall
2. See his parents' pages for deatils
3. Parish Register of All Saints, Elton includes the entry:
   [Burials 1811] April 8^th Mary Da^tr of John & Hannah Marshall
4. Parish Register of All Saints, Elton includes the entry:
   

   When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
   		Christian	Surname
   10 April [1814]	Charles Son of	John and Hannah	Marshall	Elton	Miner

5. Parish Register of All Saints, Elton includes the entry:
   

   When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
   		Christian	Surname
   11 Augst [1816]	Abraham Son of	John and Hannah	Marshall	Elton	Miner

6. Parish Register of All Saints, Elton includes the entry:
   

   When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
   		Christian	Surname
   14 Feb: [1819]	Hannah Daugr of	John and Hannah	Marshall	Elton	Miner

7. Parish Register of All Saints, Elton includes the entry:
   

   When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
   		Christian	Surname
   20 Oct [1822]	Daniel son of	John and Hannah	Marshall	Elton	Miner

8. Parish Register of All Saints, Elton includes the entry:
   

   When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
   		Christian	Surname
   20 Apr: [1825]	Jonathan son of	John and Hannah	Marshall	Elton	Miner

9. Parish Register of All Saints, Elton includes the entry:
   

   When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
   		Christian	Surname
   7 Sep [1828]	Henry son of	John and Hannah	Marshall	Elton	Miner

10. Parish Register of All Saints, Elton includes the entry:
    

    Name	Abode	When buried	Age
    Hannah Marshall	Elton	May 11 [1829]	9

11. Parish Register of All Saints, Elton includes the entry:
    

    Name	Abode	When buried	Age
    Henry Marshall	Elton	Sep 10 [1829]	1

12. Parish Register of St Peter, Alstonfield, Staffordshire contains the following baptism entry from 1833 :
    

    When baptised	Childs Christian Name	Parents Christian Name	Parents Surname	Abode	Quality, Trade or Profession
    June 9	Jno Geo son of	Jane & John	Fearn   Marshall	Workhouse	-

13. Birth Certificate from Registration District of Chesterfield states:

    When and where born	Name	Sex	Name and surname of father	Name, surname and maiden surname of mother	Occupation of father	Signature, description and residence of informant	When registered
    First of April 1838 at Clarkes yard Chesterfield	Sarah Anne	Girl	John Marshall	Jane Marshall formerly Fearn	Railway Labourer	x The mark of Jane Marshall Mother. Clarkes Yard Chesterfield	Nineteenth of April 1838

14. Parish Register of St Mary & All Saints, Chesterfield contains the following baptism entry from 1838 :
    

    When baptised	Childs Christian Name	Parents Christian Name	Parents Surname	Abode	Quality, Trade or Profession
    May 6th	Sarah Anne	John Jane	Marshall	Chesterfield	Excavator

15. There is no baptism record for Jane in Elton, but she is claimed to have been born there in later censues, and there is an entry in the Index to Birth, Marriage and Death Registrations, for the birth of a Jane Marshall in the Registration District of Bakewell in the 3rd quarter of 1840.
16. Census of 7th June 1841 reads:
    Place: Elton
    

    John Marshall	25	Miner Lead
    Jane Do	25
    George Do	8
    Sarah Do	3
    Jane Do	10 months

17. Parish Register of All Saints, Elton includes the entry:
    

    When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
    		Christian	Surname
    Novr 28th [1841]	Amanada	John & Jane	Marshall	Elton	Miner

18. Parish Register of All Saints, Elton includes the entry:
    

    When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
    		Christian	Surname
    Novr 3rd [1844]	James son of	John & Jane	Marshall	Elton	Miner

19. Parish Register of All Saints, Elton includes the entry:
    

    Name	Abode	When buried	Age
    James Marshall	Elton	Decr 23rd [1844]	Inf

20. Parish Register of All Saints, Elton includes the entry:
    

    When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
    		Christian	Surname
    Novr 16th [1845]	James son of	John & Jane	Marshall	Elton	Miner

21. Parish Register of All Saints, Elton includes the entry:
    

    When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
    		Christian	Surname
    Aug 15th [1847]	Lavinia Dr of	John & Jane	Marshall	Elton	Miner

22. Census of 30th March 1851 reads:
    Place: Litton Slack
    

    John Marshall	Head	Mar	40	Miner (Lead)	Derby, Elton
    Jane Do	Wife	Mar	36	- - - wife	Do Do
    George Do	Son	U	16	Spinner of Cotton	Do Do
    Sarah Do	Daur	U	13	Do Do	Do Do
    Jane Do	Daur		11	Do Do	Do Do
    Amanda Do	Daur		9	Do Do	Do Do
    James Do	Son		6	- - - - -	Do Do
    Lavinia Do	Daur		3	- - - - -	Do Do
    Mary Fearn	[Lodger]		13	Spinner of Cotton	Do Do
    Agnes Dale	[???????]	U	5 months	- - - - -	Do Do

23. John is claimed to have been born in Bamford in later censues, and there is an entry in the Index to Birth, Marriage and Death Registrations, for the birth of a John Marshall in the Registration District of Chapel en le Frith in the 4th quarter of 1852.
24. Death Certificate from Registration District of Bakewell states:

    When and where died	Name	Sex	Age	Occupation	Cause of death	Signature, description and residence of informant	When registered
    Third January 1853 Elton	John Marshall	Male	76 years	Miner	Senile Debility Certified	The mark of Hannah Marshall In attendance Elton	Eighteenth January 1853

25. Death Certificate from Registration District of Bakewell states:

    When and where died	Name	Sex	Age	Occupation	Cause of death	Signature, description and residence of informant	When registered
    Twentyninth September 1855 Elton	Hannah Marshall	Female	77 years	Widow of John Marshall a Lead Miner	Decay of Nature No Medical Attendant	The mark of Ann Marshall Present at the death Elton	Eighth October 1855

26. Census of 7th April 1861 reads:
    Place: Crawley, Witney, Oxfordshire
    

    John Marshall	Head	Mar	50	Game Keeper	Elton, Derbyshire
    Jane Do	Wife	Mar	49		Heathcote, Derbyshire
    Amanda Do	Daur	Un	20		Elton, Do
    James Do	Son	Un	17	Assist his father	Do, Do
    Liveinheir Do	Daur	Un	14		Do, Do
    John Do	Son		9		Do, Do

27. Census of 2nd April 1871 reads:
    Place: Road, Sheldon
    

    John Marshall	Head	Mar	61	Miner	Elton, [Derbyshire]
    Jane do	Wife	Mar	57		Heathcote, do
    James do	Son	Unm	26	Miner	Elton, do
    John do	Son	Unm	19	Miner	Bamford, do

28. Census of 3rd April 1881 reads:
    Place: Main Street W, Elton
    

    John Marshall	Head	Mar	73	Lead & Umber Miner	[Derbyshire], [Elton]
    Jane Do	Wife	Mar	68	Wife	Do Do
    Samuel Staley	Boarder		2		Cheshire, Stockport
    Sylance Hadfield	Boarder	W	83		Derbyshire, Elton

29. Death Certificate from Registration District of Bakewell states:

    When and where died	Name	Sex	Age	Occupation	Cause of death	Signature, description and residence of informant	When registered
    Fourteenth January 1891 Elton RSD	Jane Marshall	Female	78 years	Wife of John Marshall a Lead Miner	Bronchitis Certified by M Cantrell MRCS	The mark of Jane Howard Daughter Present at the death 111 Hare Lane Sheffield	Fifteenth January 1891

30. Parish Register of All Saints, Elton contains the following burial entry from 1891 :
    

    Name	Abode	When buried	Age
    Jane Marshall	Elton	Jany 18th	78

31. Death Certificate from Registration District of Bakewell states:

    When and where died	Name	Sex	Age	Occupation	Cause of death	Signature, description and residence of informant	When registered
    Eighteenth March 1891 Union Workhouse Bakewell RSD	John Marshall	Male	80 years	General Labourer of Elton	General Debility Certified by CW Evans MB	Alfred Swain Master Union Workhouse Bakewell	Twentieth March 1891

32. Parish Register of All Saints, Elton contains the following burial entry from 1891 :
    

    Name	Abode	When buried	Age
    John Marshall	Bakewell	March 21	82

33. Parish Register of All Saints, Elton includes the entry:
    

    When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
    		Christian	Surname
    Aug 15th [1847]	Emma Dr of	Charles & Ann	Marshall	Elton	Miner

34. Parish Register of All Saints, Elton includes the entry:
    

    When baptized	Child's Christian Name	Parents Name		Abode	Quality, Trade or Profession
    		Christian	Surname
    Aug 15th [1847]	Alfred son of	Jonathan & Hannah	Marshall	Elton	Miner