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Christina and Donald McLEAN from Scotland 1837
||Donald MCBEAN / MCBAIN/ MCLEAN  |
||Strathalbyn SA 
||BRB p532: Prior to his marriage in 1862 - & approximately in 1855, Hugh the younger fathered a son by Ann McBain who seems to have been working as a maidservant for his mother. The child was named Donald, but whether McBain or McLean or even to be McSween, Ann's married name, there is no record as the child was not registered, nor absorbed or adopted to the McSween family group. He simply vanishes from the family archives.|
When his grandmother Christina McLean died in 1869 her Will showed how much she was disturbed over the wellbeing of this little boy. It was a bequest was there was a provision for this young Donald, who was by then about 14 years of age. A McBain descendant, namely Terry Duggin of Payneham, S.A. has done much research of the missing Donald without any clear result. He did find that Ann McBain, daughter of Donald & Margaret-nee McLean McBain was born at North Uist, Scotland in 1838. Donald McBain & his brother Norman were of Lake Plains, S.A. and each had a daughter Ann b1838. Ann McBain eventually married on 30/11/1859 at Naracoorte.S.A. Charles McSween b1840, Scotland, son of Allan McSween. Ann McBain had arrived in SA in 1853 by HMS "Hercules" with only her sister Catherine. Ann had several McSween children and died on 2/2/1912 at North Adelaide and was interred at West Terrace Cemetery. Her husband Charles McSween died 11/3/1912 at Peterborough, SA by committing suicide by drowning himself in a local horse trough and was buried in that town. However, Donald, son of Hugh the younger, could not be traced.
||21 Feb 1855
||Mt Barker SA
|There were a couple of court cases - in 1855 & 1858:-|
In 1855 - Local Courts, Mount Barker: Wednesday, February 14, 1855 Full jurisdiction before Francis Davison, Esq., Stipendiary Magistrate; Robert Davennort and Frederick May, Esqs.
* "Christine McLean, a septnagenerian wife of Donald McLean, appeared to answer the complaint of Annie Macbean and Catherine Macbean, of the same place for having violently assaulted them with a stick. Mr Andrews defended; and in cross-examination elicited that one of the ladies was enciente by a son of the defendant, and that the defendant on becoming aware of the fact ordered the frail one never to come on her premises again. That the evening in question the lady did, in defiance of the defendant's injunctions, come on her premises. The charge was, however, clearly proved, and the defendant was fined £2 and costs." (South Australian Register, 21st February 1855, p3)
In 1858 - Local Courts - Strathalbyn, Wednesday 31st March 1858, before F Davidson, John Walker and EG Sealey esqs:
* "Affiliation case - A case of this description brought by Anne McBean against Hugh McLean jun, was dismissed in consequence of an informality in the information. Mr Price for the defendant" (South Australian Register, 2nd April 1858, p3).
* "McBean Vs McLean - Information for neglecting to support an illegitimate child. The information was dismissed, on account of an informality in laying it" (Adelaide Times, 10th April 1858, p2).
COMMENTS by Don Gordon on 8th Nov 2018:
* The 1855 newspaper item has Christina in her 70s (ie born between 1775 and 1785) whereas we have a possible OPR for a birth on 28th April 1787 which would make Christina 67 years at the time of the court. The BRB (p7) had her born in 1791 in which case she would have been born about 64 years old at the time of the court. But maybe the reporter was just using the term septuagenerian as another way of saying that she was old.
* Donald was 75 years old and he died 8 months later.
* At that time, all of the children of Donald and Christina had married and only Hugh (19 years old) was unmarried and still living at Auchananda's with his parents.
* Annie McBean (McBain) - was a live-in servant at Auchananda's and was born in 1838 (BRB p532) so was 16 or 17 years old.
* Catherine was probably Annie's sister (they migrated together in 1853).
* The reference to being 'enciente' by a son of the defendant indicates that she was pregnant to Hugh - thus their child, Donald, must have been born sometime in 1855. The reference to 'frail one' indicates that the pregnancy was well advanced, so Donald might have been born in the first half of that year - we can guess at May 1855.
* Christina was probably against the relationship between Annie and Hugh - certainly she was against the pregnancy. Maybe she was blaming Anne more than Hugh. She had made Ann leave the house, but Ann and her sister came back, and so she hit them with a stick. It must have been quite a scene.
* Ann probably raised Donald herself because the 1858 court case indicates that Hugh was neglecting to help financially. However there must have been a strong continuing connection with Christina as evidenced when she made special provisions for him in her Will. Maybe she had an important role in his care despite her initial opposition to the pregnancy. He was about 12 years old when she made her Will in April 1867, and 14 yrs when she died two years later.
* In the 1858 newspaper item, Ann unsuccessfully tried to get Hugh to contribute to the support of their illegitimate child.
* Subsequently, Annie married Charles McSween in 1859 and Hugh married Margaret Tannahill in 1862.
||Christina and Donald McLean | Ewen (Hugh the younger) McLean's descendants
||2 Sep 2019 |
- [S-3] FS BRB - 'Donald & Christina McLean & Their Descendants', 1995, The BRB has a good index for each individual. Copies of the BRB available Strathalbyn National Trust Museum & Library, several libraries around Australia including State Library SA, and Western Australian Genealogical Society Bayswater WA Request assistance for locating a copy through 'Contact us' on this website. , pp3 of 21 Feb 1855 Newspaper-SA Register, 14 Jun 2019 Researcher Lorna McLean.
Throughout his life, Donald was possibly known by the surname McLean because that was his father's surname and this is how Christina referred to him in her will. However he might have been known as McBain after his mother because his parents were not married. And there has been no evidence of birth registration. Or maybe McSween which was the surname of the man his mother married when Donald was a few years of age. Although there is no evidence of Donald junior being incorporated or adopted into the family McSween/McSwin
- [S-195] NEWSPAPER TROVE South Australian Register, 3 of 21st Feb 1855, 14 Jun 2019 Researcher Lorna McLean.
Due to details of Christina McLean being charged with attacking a "frail one" who was "enciente" it divulges the pregnancy of her child Donald x.
LAW AND CRIMINAL COURTS.LOCAL COURTS.MOUNT BARKER : Wednesday, February 14, 1855 FULL JURISDICTION [Before Francis Davison, Esq., Stipendiary Magistrate; Robert Davennort and Frederick May, ESQS Christian McLean, a septnagenerian wife of Donald McLean, appeared to answer
the complaint of Annie MacBean and Catherine Macbean, of the same place for having violently assaulted them with a stick. Mr Andrews defended; and in cross-examination elicited that one of the ladies was enciente by a son of the defendent, and the defendant on becoming aware of the
fact ordered the frail one never to come on her premises again. That the evening in question the lady did, in defiance of the defendant's injunctions, come on her
premises.The charge was, however, clearly proved, and the defendant was fined £2 and costs.