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3. Lindsay NIMO

Lindsay NIMO  (NEMO, NEMOS, NIMMS, NIMMO)  Sometimes called John NEMO.    
Lindsay was born in about 1788 in Dungannon, County Tyrone, Ireland.  There are various references to Lindsay's date of birth.  The earliest is 1782 (as aged 82 at his death in 1864). Various gaol references give his dob as 1783 and 1785.  In the NSW census of 1828 his age was given as 44 meaning his dob about 1784.  In his conviction in Ireland his was listed as 24 in 1812 giving his dob as 1788.  The earliest reference to his age is assumed as the most accurate.

There is a feasible reference to Lindsay Nimo marrying in Aryshire, Scotland in 1807 as below. There is a reference in the Scotland Marriages of 1561-1910 of a Lindsay Nimmo marrying Mary Carnachan on 13 April 1807 in Ayr, Ayr, Scotland.(CARNACHAN MARY LINDSAY NIMMO/FR2437 (FR2437) 13/04/1807 578/80 227 Ayr ) No other reference to a Lindsay Nimmo has been found in the Scottish records.

Lindsay alias George Nimms aged 24 was convicted in August 1812 in County Armagh in Northern Ireland and sentenced for a term of 7 years transportation.  His native place was Dungannon, County Tyrone, Ireland and he was a weaver by trade.  He was then described as being 5ft 4.25 inches tall, fair to ruddy complexion with sandy hair and hazel eyes.

Register title DUBLIN-KILMAINHAM PRISON GENERAL REGISTER 1789-1814, Book no 1/10/1, Item no 8
Prison KILMAINHAM, County DUBLIN
Lindsay NIMONS, Date committed - 25-Jun-1813
Role - Prisoner, Discharged - 26 August 1813
Offence by Government - A CONVICT FROM ARMAGH
Note: - Sent on board the convict ship

A Charles Nimmo and John Nimmo were listed as flax growers in Tyrone county in the 1796 flax growers list in Ireland.  As below Charles is most likely Lindsay's older brother and John is possibly his father.  Charles was also tried in Armagh County, Ireland in August 1815 and received a 7-year sentence.  Charles' native place was Tyrone County, Ireland where he was a linen weaver. Charles arrived in Sydney on the ship Guildford(2) in 1816.  John Nemo born around 1756 (possibly Lindsay's father) was convicted in Tyrone County, Ireland in Lent 1820 and was sentenced for life.  He native place was Tyrone where he was a weaver. At the time of John Nimo's arrival in Sydney on board the Almorah(2) on 22 December 1820 John was 64 years old.

Lindsay Nimms arrived in Sydney on 6 May 1814 on board the ship "Three Bees".  John Wallis was the Master.  The 459 ton ship sailed from Cork Ireland in October 1813 and then from Falmouth Cornwell on 8 December 1813 with 210 Irish convicts.  The conditions on board the ship were so bad that the assistant Surgeon General of NSW, William Redfern was commissioned to do an enquiry into the Three Bees and two other ships that arrived at a similar time.  Nine convicts died during the voyage and 55 others were put into hospital on arrival.  The ship caught fire on 20 May 1814 in Sydney Cove.  It eventually sank after 14 cannons fired and its gun-powder magazine exploded.

William Redfern, was himself transported to Australia on the ship "Minorca" in 1801.  He was involved in a mutiny in 1797 in a British naval base.  The mutineers rebelled against the sailors' poor food, poor pay and poor conditions. Some of the mutineers were hung and 15 were transported to NSW.  Dr William Redfern had been the surgeon on the "Standard".  Redfern was soon pardoned.

On 16th September 1815 at St Philips Church of England, Sydney, Lindsay Nimo and Thomas Taber witnessed the marriage of Hercules Watt, aged 28 a bachelor and currier of Sydney and Eleanor Chambers, aged 30, spinster of Sydney.

On 31 January 1818 Lindsay Nemo of the "Three Bees" that arrived in 1814 was transferred from the Gaol Convict Gang to the Town Convict Gang. (Colonial Secretary Papers - SR Reel 6047; 4/1741 p.224). It was noted that a Charles Nemo was also transferred with Lindsay. Lindsay later claims that Charles is his brother.

In March 1818 a John Nimo who came in the 3 Bees, is shown leaving Sydney on the King George going to Macquarie Island and back to Sydney.

On 1 March 1819 the Colonial Secretary (Colonial Secretary papers - SR Reel 6006; 4/3500 p2) gave permission for Lindsay Nemos a convict from the ship Three Bees and Eleanor Brainger a convict from the ship Elizabeth (2) that arrived in 1818, to marry. Eleanor had received a transportation sentence of 7 years for being a pick-pocket. Her native place was County Antrim, Ireland where she was a servant.  It is interesting that the brothers Lindsay and Charles Nimo both married women that arrived on the same ship (Elizabeth 2) from Ireland.

The Kerrison James Index identifies that Lindsay Nimo, aged 35, married Elinor Branigan, aged 32, on 17 May 1819.  This marriage was confirmed by the records of St Philip's Church, Sydney. Lindsay is described as a labourer and widower.  This appears to have been at least Lindsay's second marriage.  A possible earlier marriage of Lindsay Nimo has been found in Scotland as mentioned above.

Marriage: NSW BDM  V181925   8/1819 Lindsay Nimo Labourer to Eleanor Branigan in Sydney, St Phillip's
                  V18192358 3A/1819  NIMMO  LINDSAY Widower, BRANIGAN  ELEANOR Widow, married 17 May 1819 at Sydney, St Philip's Church.

Lindsey Nimo, aged 35, widower of Sydney, labourer married Eleanor Branigan, aged 32, widow of Sydney on 17 May 1819 at St Philips Church of England, Sydney.  Witnesses were Stephen Earle (?) and Ann Collins.

On the 25 October 1820, John Nemo, who came in the Three Bees, is recorded as departing NSW on a Sealing Voyage (a voyage to capture seals for their skins) on the Lynx of Calcutta.

In the 1822 NSW Convict Muster a John Nemo was shown as a free Convict having arrived on the Three Bees and was lodger at J Hartport?. (Note at this time Lindsay Nimo was not as yet free.)

In the Land and Stock Muster of September 1822 it shows Lindsay Nimo of Windsor as a lease resident of 35 acres which were cleared and had cultivated 25 bushels of maze and held 25 hogs.

In the 1822 census Lindsay Nimo, transported for 7 years, had arrived on the Three bees.  Had been freed by servitude and was a landholder at Windsor.

Lindsay and Eleanor had a daughter Mary Ann on 2 March 1824 who was born at Windsor, NSW.

Lindsay must have been a troublesome convict having his sentence extended by 3 years. On 30 September 1824 Lindsay received his Certificate of Freedom (S R Film 601 Shelf 4/4423) No. 204/2794 in the name of Lindsay (alias George) Nimms.  Noting that this certificate was in lieu of 31/2317 (presumably that which would have applied from the end of his seven year sentence).  The certificate confirms his ship was the Three Bees that arrived in 1814.  He was convicted in County Armagh in August 1812 for a term of seven years.  His native place was Dungannon in County Tyrone, Ireland where he was a weaver.  In 1824 he was 5 ft 2 inches tall, 38 years old, of ruddy complexion, brown and bald hair and hazel eyes.

In the 1825 NSW Convict muster, Lindsay John Nimo was shown as a landholder at Richmond, from the Three Bees in 1814.

In the September 1825 census and muster Lindsay Nimmo, transported for 7 years, arrived on the Three Bees, freed by servitude, a sawyer in the Illawarra.

In the 1828 NSW census Lindsay and Eleanor were living in Sydney. Entry 148 has Lindsay Nimo aged 44 years, who was free by servitude, having arrived on the ship - Three Bees and serving a 7 year sentence.  He was listed as a protestant and having an occupation as a sawyer from Erskine Street, Sydney. This area of Cockle Bay was later called Darling Harbour. Entry 149 identifies Eleanor Nimo as 36 years and as also having been a convict from the ship Elizabeth in 1818. She had also served a 7 year sentence and listed as a protestant. Their child Mary Ann, aged 5, was recorded as being born in the Colony.  

The very next entry in the 1828 census lists Charles Nemo, a householder in Erskine St. Sydney, aged 56 also who was also free by servitude. Charles was Lindsay's brother and only next of kin, as sworn by Lindsay in Charles' probate papers. These papers also advise that Charles Nimmo died in Sydney on 17 August 1829. (Register of Probates 1800-1901 held by NSW State Records: Series 1, Shelf 14/3184, packet 398.)  An add appeared in the Sydney Gazette - Tuesday 1 September 1829 page 3 concerning the probate of Charles Nimmo's estate. Readers were asked to show cause as to why Charles Nimmo's goods and chattels should not be granted to Lindsay Nimmo, brother and next of kin.

Mary Ann, Lindsay's first recorded child, later died in October 1829 at Sussex Street Sydney.  At that time Lindsay was an oyster dealer.

Lindsay seemed to always be close to trouble with a series of court cases revealing his activities.

John Lindsay Nemo, of Sydney, labourer, was found not guilty of stealing one pair of oars from Thomas Day on 19 September 1828.

The Australian (Sydney) - Friday 24 october 1828, page 3
"WEDNESDAY
John Lindsay Nemos, charged with stealing a pair of oars, the property of Mr. R Day, was acquitted."

The Sydney Monitor - Saturday 25 October 1828, page 5
"John Lindsay Nemo was indicted for stealing a pair of oars value 30s., the property of R. Day, boat builder. Guilty. Remanded."

The Sydney Monitor Sat 6 June 1829, Page 2
"CRIMINAL COURT
Hugh Huffey or Hockey, and Edward Stanton, were indicted for stealing wearing apparel the property of Lindsey Nemo. Huffey for stealing, and Stanton for receiving the same. A man named Murphy gave the information, and the articles were found in Stanton's house. Stanton denied the charge of receiving with a knowledge of them being stolen, and he had not bought them of Huffey, but of witness Murphy. Huffey denied all knowledge of the transaction.--Both Guilty."

On 1 January 1830, at St Philips Church of England, Sydney, Lindsay Nims and Eleanor Nims were witnesses to the wedding of Thomas Thomas, a bachelor and sawyer of Sydney and Helen Murray, a spinster of Sydney.

New South Wales Criminal Court Records book, Sydney.
Thursday 18 March 1830
Lindsay Nemo - Firing off a Pistol at a soldier of 57 Regiment.  Admonished and discharged. Richard Jones.

New South Wales Criminal Court Records book, Sydney.
Saturday 20 March 1830
Thomas Riley, Edward Dogherty: Lindsay Nemo and others - Stealing, Commissioned for trial, Fined 5/- or 2 hours in Stocks, F Rossi.

In April 1830 a Thomas Ryley was indicted for stealing 20 pounds from the dwelling house of Lindsay Nimo at Sydney on the 27th March 1830.  In Lindsay Nemo's witness statement he advised:
"I am a lime burner.  In March last I lived at the soldiers point in Cockle Bay.  I know the prisoner.  He was at my house last St Patrick's day, I had my wife, myself, the prisoner and a man named Jennings.  We were drinking.  This was St Patrick's night.  Doherty was there.  Towards the latter part of the day, I got a little in liquor, and I told Jennings to go home as it was getting late.  He refused.  I went back to my room and I took my Pistol, and said if you don't go, I will turn you out by force of arms.  I shut him out.  He pushed the door open and wrenched the pistol out of my hand.  In about 10 minutes, I was taken to the watch-house, the prisoner was outside the door and said you take charge of my place, you know I have got some money in the place and you have seen it. He had seen it that day.

I had about 24 pounds in the house, when I left to go to the watch house. Next day about 12 o'clock I returned home and I looked for my money and found it gone out of a little room upstairs, where I had left it under the bedside in a purse or a little pocket book.  It was 14 pounds in notes and the rest in dollars.  The pocket book was large enough to hold the dollars. I laid them on top of the notes and tied a cord round.  Mostly all dollars. Never saw any of the money again.  The prisoner had been to my house the day before and wanted some little things on trust to put him over St Patrick's day.  I let him have 2 ounces of tea and 2 pound of sugar and a passbook to get him 2 or 3 pounds of meat out of a butchers shop.  Next day after coming from the Court I saw him at his own place handling a deal of money."

Unfortunately for Lindsay, Thomas Ryley was found not guilty.

New South Wales Criminal Court Records book
Thursday 8 July 1830
Lindsay Nemo for Abusing and Threatening Amelia Mathews and anon.  Find Sureties for the Peace himself 40 pounds and 2 others 20 pounds. F Rossi and George Innes.

New South Wales Criminal Court Records book. Sydney NSW.
Thursday 8 July 1830
L. Nemo:  Gold & Rayner.  Illegally possessing Bottle of Rum. Ordered that the Bottle of Rum be forfeited: King etc.  F Rossi, George Innes.

New South Wales Criminal Court Records book
Tuesday 3 August 1830
Lindsay Nemo : William Small and others.  Having stolen Saddles in his possession.  Commissioned for Trial.  George Innes and Archd. C Innes.

NSW Gaol Records show:
3 August 1830 - Lindsay Nemo, free, Crime of stolen property in possession, in Criminal Court on 10 September 1830 being acquitted and discharged the same day.

New South Wales Criminal Court Records book, Sydney.
Saturday 14 August 1830
Lindsay Nemo: Jery Garfield and others. Illegally retailing spirituous liquors without being Licensed according to Law. Fined 30 pounds Siz and costs 7/6: allowed 3 days to pay the same and in default of payment.  Goods seized and sold etc or Imprisoned 4 Months.  F Rossi, George Innes.

Lindsay Nimo, a dealer of Clarence Street Sydney, was convicted on 14 August 1830 of selling rum while not having a licence. He was fined 30 pounds or if not paid a 4 month gaol term.  He appealed but on 30 October 1830 abandoned the appeal.

NSW Gaol Records show:
7 September 1830 - Lindsay Nemo, free, Crime of receiving stolen property, Criminal Court 11 September 1830, Acquitted, discharged 11 Sept.

A prisoner Francis Johnson was indicted for stealing two saddles, on the 3rd August 1830 and Lindsay Nimmo was indicted for receiving and having the same saddles knowing them to have been stolen.  One saddle valued at 4 pounds and a bridle valued at 1 pound was the property of David Lister and the other saddle valued at 4 pounds was the property of Alexander Imlay.  At the trial before Judge Forbes the prisoner Johnson pleaded guilty, and Lindsay pleaded not guilty.  Lindsay was found guilty, but the Judge reserved the case for the consideration of the whole Court.

Johnson, who was a private soldier, was indebted to Nimmo a labourer and housekeeper in Sydney.  Johnson having stolen the saddles took them to Nimmo's house but never parted with the possession of them.  A constable disguised as a settler, went to the house, and saw Johnson and Nimmo there. He had a dealing with Johnson for them in Nimmo's presence, who putting his hand upon of the saddles, said "You have got a good bargain this morning." This was the only proof of possession, and this was in the presence of the principal felon.  The deft Nimmo seemed anxious to put off the saddle, but there was no actual possession in him beyond the saddles being in his house in the presence of Johnson.  

The Judge left the case to the Jury to say whether the prisoner did "receive and have" telling them that if he merely aided the principal felon in selling the saddles without having an actual possession independent of the thief then he was not guilty.  The Jury found the prisoner guilty. Solicitors then moved to have the conviction quashed.

It appears from the facts reported by the learned Judge that "the thief had not parted with the possession, or control over the property, and as there was no dominion exercised by Nimmo over the property inconsiderate with the possession and dominion of the thief, I think this conviction is wrong in point of law and the Jury upon the facts ought to have acquitted the prisoner.  There need not in all such cases be an actual manual possession to constitute a man a receiver of stolen property, provided he has a control over it independently of the thief. To constitute a receiver I apprehend, the party must exercise or have the power of exercising a dominion over the property.  Here Johnson had not parted with the property, or left it under Nimmo's exclusive control.  I therefore think this man is entitled to a pardon, and must be recommended to the Crown accordingly."

Lindsay Nimmo was discharged on his own recognition in the sum of 10 pounds and Francis Johnson was sentenced to be transported to a penal settlement for 7 years.

The Sydney Gazette of Thursday 5 August 1830
Lindsey Nimmo, was committed to take his trial, for having in his possession two saddles and a bridle, the property of Dr. Lister and Dr. Finlay, which were stolen a few nights since from the stables belonging to the Military Hospital. It appeared from the evidence of a soldier named Johnson, belonging to the 57th Regiment, that on Monday he fell in with the prisoner who stated his wish to sell the saddles. Suspecting them to be the missing ones, he reported the matter to the Adjutant, by whose directions he procured the assistance of a constable, who disguising himself as a settler from Hunter's River, accompanied the soldier to the public-house where they found the prisoner. They entered into a negotiation with him for the purchase of the saddles, and then took him into custody.

The Sydney Gazette of Thursday 9 September 1830, page 3 records:
Supreme Court - TUESDAY, 7 September 1830.
"Lindsay Nimmo was indicted for receiving, at Sydney, on the 3rd July last, one saddle, value 4 pounds, and one bridle, value 1 pound, the goods of David Lyster, Esq. before feloniously stolen by some evil-disposed person, to the Attorney-General unknown, knowing them to have been stolen.

Mr. Kerr stated the case on the part of the Crown. The learned counsel said, that in support of the charge against the prisoner at the bar, it would appear in evidence, that on or about the 25th July, at night, the hospital stables were broken open, and a saddle and bridle belonging to Dr. Lyster, of the 57th, Regt, carried off. That some short time after, a soldier of the same regiment, happening to be in a public-house drinking, accidentally overheard a conversation between the prisoner and another man, who was unfortunately not forthcoming at present, about selling a saddle, which had been got on the fence, and knowing of the robbery at the stables took an opportunity of accosting the prisoner, offered to treat with him for the saddle, and enquired where he could see it. The prisoner, however, suspecting something, evaded the topic; and the soldier, having given information of the circumstance to the police, a constable was sent to the prisoner, disguised as a settler, who struck a bargain with him for the saddle, which, according to his direction, he found concealed under a rock in Darling Harbour. It would be for the Jury to collect from these circumstances, whether the prisoner had possession of the saddle with a guilty knowledge.

David Lyster, Esq. said, I am a surgeon in the 57th Regt, between the night of the 25th and the morning of the 26th July last, the hospital stables were broken open, and a saddle and bridle, worth about 5 pounds, which I had used the day before, carried off; the party who committed the robbery has never been discovered; the saddle and bridle now produced are my property, and the same which were stolen in the manner I have already stated.

Francis Johnson, a private soldier, was then called. This witness, on whose testimony the Counsel for the Crown mainly relied, on being sworn, immediately said, 'My Lord and Gentlemen, I hope you will hear what I have to say. I am the man who stole the saddle.'

The Learned Judge directly ordered him to be committed, and a note of his confession to be taken by the Clerk of the Court. His Honor also told the Jury to acquit the prisoner on the present information, but ordered that he should be remanded, and refused to admit him to bail.

The prisoner had been on bail previous to appearing to take his trial this day.

The Sydney Gazette - WEDNESDAY 8th. September 1830
(Before the Chief Justice)
Francis Johnson, was indicted for stealing a saddle, the property of Dr. Imley of the 57th Regiment: and Lindsey Nimmo for receiving the same knowing it to be stolen.
The prisoner, Johnson, pleaded guilty.
The jury found Nimmo guilty. Remanded."

The Sydney Monitor - Wed 15 September 1830, Page 2
"SUPREME COURT FRIDAY
Francis Johnson and Linsey Nemo were then placed at the bar, having been convicted during the present term, the former for stealing, and the latter for receiving a saddle, the property of Dr. Imnlay. Messrs. Therry, Stephens, and Rowe, argued on behalf of Nemo, that from the whole of the evidence adduced at the time of trial, it went to shew that he never had had possession of the saddle.
The Court held, that the facts of the case did not constitute even a constructive possession; and therefore held the conviction to be wrong, and would represent his case to the Governor for a pardon; and in the mean time Nemo would be discharged on his own recognisance.
Johnson was then called up for judgment,and sentenced to be transported for seven years. Prisoner applied for his discharge from his regiment. The Court replied they had no jurisdiction in that respect."

New South Wales Criminal Court Records book
Monday 25 April 1831
Lindsay Nemo: James Collins for Drunkenness. Fined 5/-.  F Rossi, A I Ross.

The Sydney Herald - Monday 6 February 1832 (page 4)
"On Thursday week, Lindsay Nimmo, a lime-burner, having purchased some fruit in the market place, pulled out a quantity of silver and copper money intermixed to pay for it, when a bye stander, fancying a particular half-crown, suddenly snatched it from amongst the rest and made off. Nimmo, however, not fancying such liberties, gave chase, and ran him into a house in York-street instead of which, had he known the safest road, he would have run from him; for no sooner had Nimmo entered in pursuit, than he was doubled up like a doughboy, and while one man attempted to smother him, a second rifled his pockets of every silver and copper coin they contained; after which, with as few kicks a posteriori, he was ejected into the streets. This occurrence actually took place in the face of open day."

In 1835 Lindsay Nemmo was accused by an Alexander Ferrier of stealing six billets of wood.  He was bailed on 80 pounds and was tried on 23 April 1835.  Lindsay's statement follows:
"He was in the habit of burning lime near the Milatars Bathing places upwards of ten years, he is a tenant on the grounds where he lives now for 7 years ever since which time he got a livelihood by hard and honest industry.  Mr Ferrier the Prosecutor has now rented a large space of ground where he also has lime kilns and which ground adjoins Nemmo's, back at low water when he has occasions to land wood for his business, he cannot do so on his own wharf, but is obliged to land at some other place, which was in the case in this present instance on or about the 10th January last he landed some wood on Mr Ferrier's ground and on the removing the same one of Mr Ferrier's men demanded to know what wood I was removing when I told him upon which the man attempted to remove my wood which I resisted and in spite of me took two logs which he carried to Mr Ferrier's ground, and in an hour afterward Mr Ferrier brought a constable to give me in charge which I objected to intending to give a charge against Mr Ferrier, who immediately made his first application to the magistrates who granted a warrant upon which I was arrested and the present trial pending.  On Mr Ferrier first coming on the ground he entered into a written engagement with Nemmo as partner but when Mr Ferrier (who was then a stranger to the profits of the business) found it was lucrative he dissolved the partnership.  Nemmo has been well known as a hard working man and it is impossible to believe he could give an opportunity of being deprived of his liberty for a quantity of wood valued at four pence."

Lindsay was found not guilty.

NSW Gaol Records:
1 February 1836, No. 185 Lindsay Nemo of BBB arriving 1814 as bond, now free, born 1783, native place Belfast, a protestant and calling of labourer, stout build, ruddy complexion 5 ft 2.5 inches tall, brown hair and hazel eyes. He was confined for 1 month in Sydney and discharged on 29 February 1836.

The Sydney Gazette - Thursday 12 January 1837, page 2
"SHIP NEWS
On Monday, a lime-burner residing in Cockle Ray, named Lindsey Nemo, was taken into custody, charged with most violently assaulting a man who lives at Lane Cove. It appears that the wounded man upon landing at Nemo's wharf had a few words with him, upon which Nemo raised a spade and laid open the man's check, at the same time knocking out a tooth: he then very coolly wiped the sanguinary marks from the spade by thrusting it into the ground, and then he threw it aside."

The Sydney Monitor - Monday 27 August 1838, page 2
"Police Incidents
A gentleman dealer in oysters and old clothes, named Lindsay Nemo, was charged by the Police, on Friday, with selling a jacket for one pound one to Michael Boylar, the said jacket having been stolen about three weeks since, at the time a burglary was committed in the house of Mr. Cook, "Edinburgh Castle" Pitt and Bathurst-streets. The owner of the jacket having inspected it, said that it was his own, that the buttons and silk lining had been added to the jacket since he had lost it, and that under the lining two spots of paint would be found, by which he could speak more positively to it. The lining was ripped open, but no paint appeared. A tailor who was present being put in the box, said that both the lining and buttons had been put upon the jacket at the time it was made. Discharged."

The Australian (Sydney) - Tuesday 1 January 1839, page 2
"Pawnbrokers. — A woman in giving evidence in a case of robbery yesterday, stated that she had obtained money from Lindsay Nemo (committed for receiving stolen property) pledged, for which she was charged threepence per week interest for every shilling advanced. This man has carried on a thriving trade by advancing small sums of money on pledge, at even a higher rate of interest than that mentioned by the woman; his career is likely to be stopped for some time, however, as the evidence against him is strong."

The Sydney Monitor - Friday 22 February 1839, page 2, and The Australian Sat 23 February 1839.
Adjourned Quarter Sessions - Wednesday 20th February
Margaret Kelly for stealing, and Lindsay Nemo and Ellen Nemo for receiving stolen property. Not Guilty - discharged.

Sydney Morning Herald - Friday 1 March 1839
"COURT OF QUARTER SESSIONS
The following is a summary of the cases tried at the adjourned Court of Quarter Sessions: .... Lindsay and Ellen Nemo, receiving stolen property, not quilty."

There are a number of references for Lindsay Nemo in the NSW Gaol Description and Entrance Books between 1836 and 1838 consistent with the above accounts:
In terms of his description and entries for 1836 and 1838 Lindsay Nemo was from the 'BBB' in 1814 was born in 1785. He was between 5' 1.5" and 5' 2.5" tall.  He was stout with a fresh or ruddy complexion and had brown or dark to grey hair and hazel eyes.  He had a scar over his left eye and two upper front teeth.  He was under bond when he entered the colony but was free at the time of entry into gaol.  His native place was County Tyrone and he was protestant and had the occupation of sawyer.

Lindsay's wife Eleanor died at Sussex Street on 19 January 1842.

Sydney Gazette of Saturday 30 April 1842
"Stealing.-John Lynch, who was apprehended on warrant, on Tuesday last, for stealing three watches from Lindsay Nemo, residing at Miller's Point, was committed on Thursday last for trial."

Within six months of Eleanor Nimo's death, Lindsay, aged about 58, married on 6 July 1842, a much younger Catherine McGoveran, aged 23.

Marriage: NSW BDM V18423655 74B/1842 and V18421462 76/1842 Lindsay Nimo, a widower of Sydney and Catherine McGoveran of Sydney, a spinster were married on 6 July 1842 at St Andrew's Church (Presbyterian) Sydney.  The witnesses were Hassen Dean and Anne Brown.
(Note - Hassan Dean was Catherine's elder sister, Alice's husband)

Catherine McGovern arrived in Australia as an assisted immigrant on Saturday 13 February 1841 with her two older sisters, Alice and Margaret on board the ship, Jane Gifford.  Catherine could not read or write but was in a very good state of bodily health, strength and probable usefulness. Catherine, a Roman Catholic from Tipperary, was then 20 years old and had been a housemaid.  At the time of arrival her mother, Norah McGovern, was a widow.

Lindsay and Catherine's marriage may not have been smooth as on Friday 23 September 1842 an add appears in the Sydney Morning Herald:
"NOTICE.
CATHERINE NIMO, formerly Catherine M'Garvin (sic), my wife, having absconded from her home, the public are hereby cautioned against harbouring her, or giving her credit, as I will not be answerable for the same.
LINDSEY NIMO.
September 22."

Over the next six years Lindsay and Catherine had four children: John, Elizabeth, Charles and Mary Ann.  Charles died as an infant.

The Australian (Sydney) - Thursday 9 November 1843, page 4
"POLICE OFFICE, SYDNEY
FRIDAY
... Lindsey Nemo, charged with assaulting Catherine Freeman, and John Perry, similarly charged by Catherine Lacey : both cases were dismissed."

On 30 April 1846 Lindsay Nimo was a witness to the wedding of Margaret McGovern and John Shin. Margaret was Catherine Nimo's older sister.

In 1845 and 1852 Lindsay Nimmo was living in a brick and shingled house of 2 rooms in Sussex Street Sydney that was owned by Robert Henderson.  It was part of Henderson Square and had a gross annual value of 20 pounds.

Catherine died on 17 July 1850, aged 31 leaving the three living children and Lindsay.

About six months after Catherine's death, Lindsay, aged about 66, then married the widow Martha Miller.

Marriage: NSW BDM V18501276 73B/1850  NIMMO  LINDSAY, Widower of Sydney  MILLER  MARTHA, Widow of Sydney married 7 Oct 1850 at Presbyterian Sydney, Scots Church
                  V1850637   80/1850  NIMMO  LINDSAY  MILLER  MARTHA  Presbyterian Sydney, Scots Church

The marriage between Lindsay and Martha Miller is not likely to have been long lasting as when Lindsay Nimo died in 1864 he was buried alongside his previous wife Catherine.

Sydney Morning Herald - Saturday 19 October 1850, page 5
"CORONER'S INQUESTS. On Thursday last ... On the same day, an inquest was held at Anderson's, the Dove Inn, Sussex-street, on view of the body of James Walters, aged about 55 years, who, for some time past, made a living by working with a barrow, nearly the whole of the proceeds of which, however, he expended in intoxicating drink. Lindsay Nimmo, in whose house deceased had lodged, deposed that for the last few days deceased had complained of a pain in the region of the heart and a lightness in the head; on Wednesday, however, he was about as usual, until between four and five o'clock in the afternoon, when he fell while walking to the water-closet, and was assisted by witness; in the evening witness told deceased he thought he was about to die, but he took no notice; a man was left to watch him during the night, and a little after six on Thursday morning he expired; no medical aid was called in. Dr. Tierney having made a post mortem examination of the body, deposed that on opening the chest he found a large quantity of blood in the pericardium, which had proceeded from a ruptured blood vessel in the region of the heart, which was the cause of death. The Jury found a verdict in accordance with the medical evidence."

Electoral Rolls for year ranges 1849-1850 and 1851-1852 list Lindsay Nimmo (Nimo) in the district of Sydney and ward of Brisbane as living in Sussex St.

In the Sydney Morning Herald of 2 December 1858, page 7 and also on 17 September 1862 is an add for land at Tarban Creek (Hunters Hill) near and above the Reserve, Tarban creek, passing through it to the Reservoir.  Land owned by Lindsay Nimmo adjoins this land on the south and west. The land also adjoins the Tarban asylum reserve, fronts the main road from Hunter's Hill to Kissing Point, adjoining Bateman's and close to the Catholic Missionary Residence.

After living in the colony for 50 years Lindsay died on 13 December 1864 aged 82.

Death: NSW BDM 224/1865  NIMO  LINDSAY  UNKNOWN  DIED SYDNEY  SYDNEY.  Linsday Nimo was recorded as having died in December 1864 at Pyrmont.  He was buried on 15 December 1864 in the Presbyterian Cemetery.  The witnesses were G Baker and Charles Raisdall.  
A funeral notice appeared in the Sydney Morning Herald on 14 and 21 December 1864 recording his death as 13 December at Pyrmont Street, Pyrmont and that he was 82 years old having been a resident in the colony for 50 years.

In the 1865 Sands Directory for Sydney, New South Wales, is listed:
Nimo, Lindsay - Pyrmont Street, Pyrmont.

Lindsay was originally buried in the Sydney Burial Ground.
In 1901 John Nimmo, of Polding St, Drummoyne made application to re-bury from Sydney Burial Ground to the Field of Mars Presbyterian Plot 663-5 the following:
Charles Nimo who died 17 August 1829
Mary Ann Nimmo who died 29 September 1829
Catherine Nimo who died 17 July 1850
Lindsay Nimo who died 13 December 1864

Both Lindsay and Catherine are now buried in the Field of Mars Cemetery, Ryde NSW. (Presbyt Section in Grave No. 663) together with their son John. The grave transcription reads:
"To the Memory of Catherine Nimo who departed this life 17th July 1850 aged 31 years leaving a husband and 3 children to lament their loss. Also Lindsay Nimo husband of the above who died 13th Dec 1864 aged 82 years. Also John Nimo son of the above who departed this life 23rd June 1920 aged 78 years. Erected by his loving sister M.A. Llewellyn."

M.A. Llewellyn was Mary Ann Nimmo, Lindsay's last child.

The Nimmo name originated in Scotland around the 15th century reportedly coming from France. Some say the name derived from the Latin word Nemo which means "nobody". Similarly Nimmo means "anonymous" and was used when the English outlawed the Clans. Therefore those that were wanted by the English took the name "Nimmo".


Lindsay Nimo - Convict Indent
(NSW State Records Fiche - 634, Reel 393, ref 4/4004 p.526)

Court References:
Index to Clerk of the Peace - Quarter Sessions 1824-37. Quarter Session records: Item [4/8450]  Oct 1828 Sydney
NSW State Records 13477 [T31A] 30/267 and 30/268

Supreme Court of New South Wales Hearing, 1830 (From its position in the notebook, it is likely that this trial was held between March and June 1830.) Source - Dowling, Select Cases, Vol. 2, Archives Office of New South Wales, 2/3462 (pps308-310)

Quarter Session Record No.0, Item [4/8451], October 1830,  Sydney
R. v. Johnson and Nimmo Supreme Court of New South Wales Forbes C.J., Stephen and Dowling JJ, 11 September 1830 Source - Dowling, Select Cases, Archives Office of New South Wales, 2/3466

Source - Dowling, Proceedings of the Supreme Court, Vol. 47, Archives Office of New South Wales, 2/3230 [p. 158] In Banco. Coram Forbes CJ, Stephen CJ, Dowling J.
Quarter Session Record No. 76,  Item  [4/8464], April 1835, Sydney

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Mary CARNACHAN

Possible Birth: Old Scotland records
CARNOCHAN MARY ROBERT CARNOCHAN/MARGARET DUNNISTON FR76 (FR76) F 17/03/1782 879/ 10 69 Rerrick

Marriage: CARNACHAN MARY LINDSAY NIMMO/FR2437 (FR2437) 13/04/1807 578/80 227 Ayr
Linsday Nimo was described as a widower on his marriage to Eleanor Branigan on 17 May 1819 in New South Wales.  This is possibly the earlier marriage of Lindsay Nimo.  Scotland Marriages of 1561-1910 show Lindsay Nimmo marrying Mary Carnachan on 13 April 1807 in Ayr, Ayr, Scotland.

Possible Death: NIMMO MARY - F 08/02/1814 655/30 447 Shotts

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Eleanor BRANIGAN

Eleanor Branigan

Kerrison James Index:
Nimo Lindsay aged 35 married Elinor Branigan aged 32 on 17 May 1819.

Eleanor Branigan arrived 1818 on board Elizabeth 1(2) which departed Antrim, Ireland in 1817.

The Convicts Ships Muster of 20 July 1818 (State records Reel 2421, shelf 2/8257, p 215) says that Elizabeth 2nd had 101 female convicts on board and lists Elinor Branagan aged 32 who was tried in Antrim for picking pockets in March 1817 and received a sentence of 7 years.  This was the same ship that Lindsay Nemo's brother Charles' wife Elizabeth Garvin also arrived on.

From Peter Mayberry's website (Irish Convicts to NSW 1791-1825)
Surname  First Name        Ship                 Tried  Trial Place Term   DOB         Remarks
Branagan  Elinor     Elizabeth I (2) [1818]      1817   Antrim      7     1788       Housekeeper

Kerrison James Index
Nimo Lindsay aged 35 married Elinor Branigan aged 32 on 17 May 1819.

NSW BDM  V181925    8/1819 Lindsay Nimo Labourer to Eleanor Branigan in Sydney, St Phillip's
        V18192358 3A/1819  NIMMO  LINDSAY Widower, BRANIGAN  ELEANOR Widow, married 17 May 1819 at Sydney, St Philip's

The Sydney Gazette - Thursday 9 October 1823, page 3
"CRIMINAL COURT
TUESDAY. - Thomas Smith was indicted for the perpetration of a rape on the person of Eleanor Nemo; and James Butler and Edward McNalty were indicted as aiders and abettors in the said offence. - Acquitted."

The Colonial Secretary papers of 1823 give the date of the aledged offence by Thomas Smith, James Butler and Edward McNalty as 3rd May 1823 as a rape of "Elizabeth Nemo at Windsor"
(It is not clear if this aledged offence was to Charles Nimo's "wife" , Elizabeth or Linday Nimo's wife Eleanor.)

On 22 Nov 1828 Eleanor received her Certificate of Freedom (S R Film 983 Shelf 4/4295) No. 28/962 in the name of Elinor Branagan.  Noting that this certificate was in lieu of 48/2209 (presumably that which would have applied from the end of her seven year sentence).  The certificate confirms her ship was the Elizabeth 2 that arrived in 1818.  She was convicted in County Antrim in March 1817 for a term of seven years.  Her native place was County Antrim, Ireland where she was a servant.  In 1828 she was 5 ft 1.25 inches tall, born in 1791, of ruddy freckled complexion, sandy hair and hazel eyes.

She is listed as Eleanor Nimo in the NSW 1828 census living with Lindsay Nimo and Mary Ann Nimo, and Charles (Lindsay's brother). She was aged 36, freed by servitude, arrived on Elizabeth in 1818, had a 7 year sentence, was a protestant and lived at Eskine St, Sydney.

New South Wales Criminal Court Records book, Sydney.
Saturday 23 October 1830
Elenor Nemo:   Drunkenness. Fined 5/- or 2 hours in Stocks.  F Rossi.

Sydney Morning Herald - Friady 1 March 1839
"COURT OF QUARTER SESSIONS
The following is a summary of the cases tried at the adjourned Court of Quarter Sessions: .... Lindsay and Ellen Nemo, receiving stolen property, not guilty."

There are several references to Eleanor Nemo in the NSW Gaol Description and Entrance books for 1838 and 1839 with her being gaoled on at least two separate occasions for drunkenness. On 29 June 1839 she was given solitary confinement for 24 hours and on 5 October 1839 she was given 48 hours solitary confinement.  In terms of her description she arrived on the Elizabeth in 1818 and was born in 1797 (possibly 1791).  She was 5' 0" tall, of slight build and sallow complexion.  She had dark brown hair and grey eyes.  Eleanor was under a bond on her arrival into the colony but was free at the time of her time in gaol.  Her native place was Londonderry and she was Catholic and had the calling of servant.

Death: NSW BDM V184211 26B/1842  NIMO  ELEANOR  AGE 48 died Sussex St, Sydney on 19 January 1842, buried 20 January 1842

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4. Mary Ann NIMO

Birth:  NSW BDM V18246651 1B/1824  NIMO  MARY A  Father: Lindsay,  Mother: Eleanor,   Mary Ann was born 2 Mar 1824, baptised 4 Jul 1824, St Philips Sydney
Also            V1824744   8/1824  NIMO  MARY A  Father: Lindsay,  Mother: Eleanor,  born at Windsor 2 March 1824, baptised 4 July 1824, St Philip Sydney

Kerrison-James Index
Nimo Lindsay aged 35 married Elinor Branigan aged 32 on 17 May 1819.
Mary Ann Nimo daughter of Lindsay and Elinor
Born   2 Mar 1824
Baptised  4 Jul 1824

In the 1828 census it lists Mary Ann as aged 5 born colony.

Death: NSW BDM V18298689 2C/1829  NIMO  MARY A  INFANT   Buried 1 Oct 1829 aged 5 years St James
Also           V18291311 13/1829  NIMO  MARY A  INFANT   died at Sussex St, buried 1 Oct 1829, Born Colony, Father an Oyster dealer.

Mary Ann was originally buried in the Sydney Burial Ground.

In 1901 John Nimmo, of Polding St, Drummoyne made application to re-bury from Sydney Burial Ground to the Field of Mars Presbyterian Plot 663-5 the following:
Charles Nimo who died 17 August 1829
Mary Ann Nimmo who died 29 September 1829
Catherine Nimo who died 17 July 1850
Lindsay Nimo who died 13 December 1864

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6. Elizabeth NIMO

Birth: NSW BDM V18444939  47/1844  NIMO  ELIZABETH,  Father: Lindsay Nimo,  Mother: Catherine McGoveran, born 17 June 1844, baptised 4 August 1844, Abode - Sydney, Father - Dealer, St Andrews Scots (Presbyterian) Church, Sydney

Also           V18445523 45B/1844  NIMO  ELIZABETH,  Father: Lindsay Nimo,  Mother: Catherine McGoveran, born 17 Jun 1844, baptised 4 Aug 1844, Abode - Sydney, Father - Dealer, St Andrews Scots Church, Sydney

Marriage: NSW BDM 485/1865  DRISCOLL  MICHAEL  NIMO  ELIZABETH  SYDNEY. 5th June 1865 at Elizabeth Street Presbyterian. Michael was 25,a bachelor and a boot maker and Elizabeth 22 a spinster. Witnesses - John Nimo, Mary Ann Nimo.
(John and Mary Ann Nimo were Elizabeth's brother and sister.)

Empire (Sydney, NSW) - Saturday 11 July 1874, page 3
"CENTRAL POLICE COURT. - Friday
Summons Cases.- Michael Driscoll was summoned by his wife Elizabeth Driscoll, for having neglected to contribute to her support. He was ordered to pay to her the sum of 20s per week for twelve months."

In the 1891 Census, Elizabeth Driscoll is shown living in 7 Mullena St, Balmain a total of 5 females.  This would most likely be Elizabeth, with her unmarried daughters of Lillian, Alice, Margaret and Elizabeth.  Michael was not living with the family at that time. See notes on Michael where he was sentenced to some time in prison in 1889.

In the 1901 Census, Elizabeth Driscoll is shown living in 13 Evans St, Balmain a total of 5 females.  These are expected to be the same females as as in the 1891 census.  Michael still does not appear to be at home.

Death: NSW BDM 12471/1912  DRISCOLL  ELIZABETH.  Elizabeth Driscoll died on 31 August 1912 at Stanley Street, Arncliffe aged 69 when she was an old age pensioner.  Her father was recorded as Lindsay Nimmo, of independent means, and mother as Catherine McGoveran.  She was buried on 2 September 1912 at the Presbyterian Cemetery Field of Mars with witnesses of Peter Spalding and Charles J N Wood.  She was born in Sydney and 19 years earlier had married Michael Driscoll in Sydney.  Her children were listed as Annie M aged 42, John 40, Lillian 37, Alice 33, Margaret 32 and Elizabeth 29, with one male deceased. The informant was W J Watkins, son-in-law.

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7. Charles NIMO

Birth: NSW BDM V18485930 45/1848  NEMO  CHARLES,  Father: Lindsay Nemo,  Mother: Catherine McGovern, born 13 May 1846, baptised 12 Jul 1846, Abode - Sydney, Father - Dealer, St Andrews Scots Church, Sydney

Also           V18481262 48/1848  NEMO  CHARLES,  Father: Lindsay Nemo,  Mother: Catherine McGoveran, born 13 May 1846, baptised 12 Jul 1846, Abode - Sydney, Father - Dealer, St Andrews Scots Church, Sydney


Death: NDW BDM V184824 33B/1848  NIMO  CHARLES  INFANT, Abode: Sussex St, died: 11 May 1848, buried: 13 May 1848, aged 2 years, Father was a dealer, St Philips Sydney by The Reverend PP Agnew.

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Martha

Possible Birth records (no other records of birth between 1790-1839):
V1808337 10/1808  MILLER  MARTHA  THOMAS  MATILDA
V18087685 1C/1808  MILLER  MARTHA  THOMAS  MATILDA

Although Miller is not likely to have been her maiden name as she is listed as a widow in her marriage record to Lindsay Nimo.

Her earlier possible marriage:
V18371646 21/1837  MILLER  JAMES  RIDGE  MARTHA Church of England Windsor, St Matthew's

or

V1849410 79/1849  MILLER  WILLIAM  DYTONE  MARTHA  Presbyterian Sydney, St Andrew's Scots Church

or

V18501903 73C/1850  MILLER  HENRY  HEALEY  MARTHA Presbyterian Sydney, St Andrew's Scots Church


Marriage: NSW BDM V18501276 73B/1850  NIMMO  LINDSAY, Widower of Sydney  MILLER  MARTHA, Widow of Sydney married 7 Oct 1850 at Presbyterian Sydney, Scots Church
                  V1850637   80/1850  NIMMO  LINDSAY  MILLER  MARTHA  Presbyterian Sydney, Scots Church

The marriage is not likely to have been long lasting as when Lindsay Nimo died in 1864 he was buried alongside his previous wife Catherine.

Can the following be the same Martha Miller?
Martha Miller's (1808-) history by Hedware November 2016

Martha Miller
Martha Miller was the daughter of Thomas and Matilda Miller and was born in London and came with her convict parents to the Colony of New South Wales in 1816.

Birth and Baptism
She was baptised on 16 October 1826 at Windsor by Reverend John Cross and the baptism was registered at St Matthew’s Church of England, Windsor, New South Wales (Church Register: NSW Windsor St Matthew CE Baptism [Biog Item No. 302010824]).

But she was baptised in the Colony of New South Wales some 18 years after her birth on 8 November 1808 in England (Church Register: NSW Windsor St Matthew CE Baptism [Biog Item No. 302010824]).

She was one at the time of the conviction of her father Thomas and six at the time of the conviction of her mother Matilda and of her sister Charlotte – too young to be involved in the uttering business of her parents and sister.

In 1814 Martha ‘came free’ to the Colony of New South Wales sailing on ‘Mary Anne’ with her mother and sister Charlotte. Martha left England aged six and arrived at Port Jackson aged seven.

In the Windsor district
The 1824 Windsor Population Book lists Thomas, Matilda and Martha and they are living at Windsor. Charlotte Miller aka Stanley would not be included with her family as she married in 1819.

In the 1825 Census, Martha is recorded as the child of Matilda and Thomas Miller and living at Windsor. Her age is not recorded.

Birth of her daughter – 1825
On 16 December 1825 Martha Miller gave birth to a daughter and called her Mary Ann. Martha’s brother-in-law Joseph Capp was the father of her daughter. Mary Ann would go by the name of Mary Ann Miller presumably as Joseph Capp was still married to her sister. Martha was 17 at her daughter’s birth.

Baptism - 1826
On 18 Oct 1826 Martha Miller and her daughter Mary Ann Miller were baptised at St Matthews Church of England, Windsor, New South Wales, Australia by Reverend John Cross and their baptisms were registered at St Matthew’s Church of England, Windsor, New South Wales (Church Register: NSW Windsor St Matthew CE Baptism [Martha Miller Biog Item No. 302010824] and Mary Ann [Biog Item No. 302010825]). She was 17 and her daughter was an infant.

Marriage of Martha Miller and Thomas Freer - 1827
On 5 November 1827 the Reverend John Cross married Martha Miller and Thomas Freer at St Matthew’s Church of England, Windsor. Her marriage was with the consent of her parents. Witnesses to the marriage were James Gosper and Margaret Gosper of Wilberforce. Martha was 17 and Thomas was 36 at the date of their marriage.

Thomas Freer was a convict, was transported on ‘Lord Eldon’, departed England on 9 April 1817 and arrived at Port Jackson on 30 September 1817. After his arrival he was transported by ‘Lady Nelson to Newcastle settlement to serve three years.

Martha Miller – living at Windsor – 1828
In the 1828 General Muster Martha (aged 26) and Mary Ann Miller (aged 3) with Thomas Freer (aged 37) are living at Windsor. Thomas is a labourer. Living with them is Henry Moore, a labourer having arrived on ‘Baring’ in 1815.

Afterwards
No information has been discovered about the subsequent lives of Martha, her husband Thomas and her daughter May Ann.

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