I have contacted a very distant relative through my DNA results and we have a common ancestor in Richard Emerson B: 1807 ( my 4 x great grandfather via my Grandfather Aubrey Shearer's mothers side of the family.) She told me her link was Richards son Richard Harvey Emerson and that he had fled Australia and there were lots of information about it in the Australian newspapers, SO I went looking...
12 September 1868 Sydney Mail
Albert Russel Emerson and John Emerson appeared to answer to information, in which Elizabeth Emerson charged them with having, on the 5th September, forcibly and with strong hand enter into a messuage of which she was in peaceable possession, and expel and put her out. Mr. Roberts appeared for complainant, and Mr. Pigott for the defendants. Elizabeth Emerson deposed that she is the wife of Richard Harvey Emerson, and the defendants are her brothers-in-law ; her husband lately carried on business as a dealer in oysters in King-street ; she lived there with her husband more than twelve months ; she last saw her husband on last Wednesday forenoon, at their residence in King-street ; she does not know where he now is ; but from what the defendants have told her, and from circumstances within her knowledge, she believes that he is not in this colony ; between 9 und 10 o'clock on last Thursday morning, the defendant Albert came to her bedroom and asked if she knew what was up ; she inquired if his brother(meaning John who was sick) was worse ; he replied that he believed Richard (her husband) had bolted,— that John had bought the business, that he (Alfred) was authorised to stay there for him ; and that the best thing she could do was to take a house and remove her furniture, or the creditors would come down on it, but that he would not remove the furniture or see it done; he produced no authority from either John or her husband, but said that John bought the business three months ago; Albert keeps an oystershop in George-street South; she went out with the intention of taking a house, but met with a friend who advised her differently, and up on whose advice she acted ; she had the key of the shop with her, and did not give up possession ; Mrs. Haynes accompanied her home ; Albert was then there ; she (witness) asked him to produce the document from her husband respecting the sale of the business ; he produced a memorandum from John, but none from her husband ; she read it, returned it, told him that it did not satisfy her, and desired him to leave the premises ; he refused to go, and she tried to push him out, but could not ; he used force against her ; she called in the police, who refused to put him out; she again tried to put Albert out, who resisted her, and pulled off his coat to fight her and Mrs. Haynes ; he seized her violently with his two hands by the throat, and thrust his thumbs upon her windpipe, when she was opening the door to get assistance ; he said ' __you, I will strangle you if you don't leave off; ' this took place between II and 12 o'clock on Thursday night ; she could not get him out, and he remained there against her will and without her consent ; Mrs. Haynes went home, and she (witness) went out to speak to a neighbour, when Albert closed the door against her and kept her out all night; her two servants were in the house, and remained there on her behalf ; on Friday afternoon she went to the shop, and remained there ; Albert tried to coax her to yield, saying that he and John were her friends, and that they who advised her were her enemies; after tea she went out, and returned about 11 o'clock, taking two men with her; several times she desired Albert to go out, but, as he refused to do so, she ordered the men to put him out, which they did ; Albert in this way interfered with her business, and on Thursday and Friday took all the money, daring her to touch a shilling; on Saturday morning she left home to consult Mr. Roberts on the matter, locking the door after her; immediately after leaving the house, as she stood speaking to a young men named Royal, she heard a noise, and, looking in the direction, saw the two defendants, Albert and John, break open her door with an axe and enter the house ; she returned at 3 o'clock, and found Albert and her two servants there ; she conducted the business and received money without interruption from Albert ; he left on her return ; on Saturday evening Albert again came ; he asked her if she was going to take the money and give it to John, or whether he should stop and take it; she said that she would both take the money end retain it ; he went away and she did not see him again until this morning ; she is now in peaceable possession ; she was in bodily fear when Albert said that he would strangle her ; before Albert took possession she was in peaceable possession, and taking the money of the business ; her husband held the shop under a seven years' lease, and in July last obtained a fresh lease ; her husband left her clandestinely, and left her without the means of support, except the sum of thirty shillings to carry on business with. Ellen Haynes and Henry Royal corroborated Mrs. Emerson's evidence. The defendants were committed for trial. Bail allowed.
My name is Davina and I have been researching my family history since 2011. I started with almost nothing but ended up with a wealth of information and I needed an outlet to show and display all the information I have found.