Henry SMYTHIES [21453]

  General Notes:

Henry became a lawyer, and was practising in Newport Monmouthshire at the time is married. In 1846 the family moved to Aylesbury and Henry practised in partnership with a James James. Henry got into dispute over his fee for a case and commenced legal proceedings to recover the substantial sum of L335. To support his action Henry forged a document to support his case and was exposed, his partner James expressing his disgust and disappointment dissolved their partnership. After more ill advised actions by Henry (see extraordinary case below), James charged him with forging a document with intent to defraud (James v Smythies). The trial was heard at the Old Bailey on 20 August 1849 and Henry was found guilty and sentenced to one years imprisonment which he served in Newgate Prison.

Extraordinary Case.
At the Magistrates' Chamber, on Saturday last, Mr. James, solicitor, of this town, was charged by his partner, Mr Henry Smythies, with having broken open certain drawers, desks and cupboards, and taken there from private papers, letters, 200 volumes of books, &c., partly belonging to him (Mr Smythies). Mr Huddlestone, a barrister from London, appeared for Mr. James; Mr. Smythies conducted his own case. It appeared from the evidence of Mr Stratton, an articled clerk in the office, that in consequence of some circumstances of a serious, nature leading to implicate Mr Smythies, Mr James, in company with Mr J J Auberton, visited the office on Thursday last, in Mr. Smythies absence, and removed there from all the books, &c., belonging thereto, together with the complainant's, private papers, etc, amongst which was a forged retainer lately used in the Chancery suit of "Miles and Miles" which was aIso taken possession of by Mr James. After a long and tedious examination, the Magistrates left the room for private consultation, and were absent about a quarter of an hour. On their return the Chairman (the Rev. W. E. Partridge) informed Mr. Smythies that the case was dismissed. Mr. Huddlestone then gave Mr Smithies notice that a charge of forgery would shortly be brought against him. During the examination the Chamber was densely crowded, and the case excited the greatest interest.
Ref: Jackson's Oxford Journal (Oxford, England), Saturday, May 26, 1849; Issue 5013.

On 16 June 1851 Henry and his family sailed on the Cashmere from Gravesend for Auckland arriving 19 October 1851 after 125 days at sea. Henry went into business as a land and estate agent in Princes Street Auckland moving later to Onehunga Auckland. They then moved to Dunedin NZ where Henry sought to rejoin the legal profession with an application to the Supreme Court. It was approved on 27 October 1865 and he was admitted on 16 January 1866.

SUPREME COURT.
Friday, 9th April. Before His Honour Chief Justice Prendergast. I
Re Henry Smythies. Mr Smythies presented and argued in support of a petition concerning his application for re-admission as a barrister and solicitor of the Supreme Court of this Colony. Further hearing was adjourned to the Court of Appeal, Wellington, notice to be published in the Otago Daily Times forthwith.
Ref: Otago Daily Times , Issue 4101, 10 April 1875, Page 3

However many local lawyers felt that Henry's record should prevent him practising law in New Zealand, in October 1866 the Law Practitioners Act Amendment Act was passed preventing a lawyer practising in N Z who had been convicted of any of a variety of crimes, including forgery, the act was made retrospective.
Henry challenged the new law and succeeded against it for a time, but his loopholes were closed by further legislation and in a case in the Supreme Court, January 1869 he was suspended from practising indefinitely. Henry however was awarded L1000 in compensation by the Court of Appeal in recognition of the fact that he had been treated harshly by Parliament in being prevented from practising by retrospective legislation.
Henry then returned to his former business as a land an estate agent in Dunedin but went bankrupt in 1878, they then had to live with his widowed daughter Elisabeth.

Henry caused a further stir with a controversial lecture in August 1870 endorsing Charles Darwin's scientific theory of evolution, this drew much criticism and anger from the Conservative community in Dunedin.
Ref: The Longcrofts by James Phillips-Evans which contains a long account of Henry's life

Papers Past NZ report Henry numerous times in the newspapers of the day, unfortunately many do not show him in a good light
Ref: http://paperspast.natlib.govt.nz/cgi-bin/paperspast?a=q&r=1&results=1&e=-------10--11--on--0Henry+Smythies-ARTICLE-

  Other Records

1. Census: England, 30 Mar 1851, East Hill Colchester ESS. Henry is recorded as a son unmarried aged 40 a solicitor born HRT

Henry married Harriet WADDINGTON [21454] [MRIN: 7721], daughter of Henry WADDINGTON [22231] and Unknown, on 1 Mar 1841 in St Catherine Liverpool. (Harriet WADDINGTON [21454] was born about 1812 in Pentonville MDX, baptised on 8 Mar 1812 in Pentonville MDX, died on 24 Apr 1892 in Dunedin Otago NZ and was buried in Southern Cemetery Dunedin N.Z..)