Author Archives: residentjudge

NO A BETTER TIME TO BE….A PARTY ANIMAL

It seems that May was Party Time in Melbourne, with intimations of balls to be held later in the month, and news of the Tradesmen’s Union Benefit Society annual knees-up at the Builders Arms Hotel in Little Collins Street.  This Society, comprised of “independent, honest tradesmen and mechanics to whose exertion and expertise this town chiefly owes it original structure and present stability” was formed in May 1839 under the patronage of Captain Lonsdale, with Dr Cussen as the Medical Officer (PPG 29/5/39). Its regulations, which closely followed those of a similar Sydney-based organization, emphasized that it was “based on humanity and charity…and characterized by real utility, and defended by morality and religion”. On payment of a weekly subscription, members were eligible for sickness benefits and surgical and medical aid, based on the length of membership and the availability of Society funds.  Soon after its formation it boasted 100 members. [See: Sullivan Men and Women of Port Phillip p. 236-8]

So what happens at a Tradesmen’s Union Benefit Society Dinner?

Yesterday the annual dinner of this Society was held at the ‘Builders Arms’ Little Collins-street, when about thirty of its members sat down to a most respectable feed, both before and after which, they walked in procession accompanied by a band. (PPH 11/5/41)

A GOOD TIME TO BE… AN ATTORNEY

As long as you were a respectable attorney, that is. On the last day of Easter Term Judge Willis  heard applications for the admission of attorneys (or what we would call solicitors today) to practice in the Port Phillip court. Judge Willis took this very seriously as while he was in Sydney he was responsible for establishing the procedure by which local attorneys were admitted. This included 5 years service under articles of clerkship, an  interview, and examination by practitioner examiners who issued  certificates testifying to the applicants’ fitness and capacity. Applicants needed to demonstrate their ‘Classical proficiency’  which included translation of   Aeneid of Virgil in Latin,  St John’s Gospel in the Greek,  and a competent knowledge of Arithmetic and Euclid.(See: Simon Smith ‘The Shaping of the Legal Profession’ in Judging for the People p. 73)

Several of the attorneys who applied had already been accepted for practice in the Sydney courts but Willis wanted to ascertain their fitness for his own court by himself.  He baulked at the admission of John Duerdin (sometimes spelled ‘Duerden’) who had a question mark over his fitness because, although he had been admitted as an attorney 10 years earlier ‘at home’,  he had been lately carrying on a business in Melbourne as an Ironmonger, Bookseller and General Dealer.  When it was urged that he had “left off business a long time ago”, it eventuated that it had only been since March and Willis rejected the argument that he should be admitted on account of the “peculiar circumstances of the Colony”.  Willis asserted

The peculiar circumstances is the very reason why I am more strict.  If parties are not respectable I will not admit them.  A person who has been carrying on a trade is not a proper nor safe person in whose hands to entrust the legal affairs of others.  I will not permit a person to step from behind a counter to practice in this court… He did not think that he could admit a party who had been a retail dealer in the town only two months since, with that degree of security which was due to the public and the members of that Court. (PPH 11/5/41)

[You’ll be pleased to know, though, that Mr Duerdin went off to refresh his knowledge and was admitted in November and went on to have a long and happy legal career]

GOOD TIME TO SELL REAL ESTATE

The Port Phillip Herald of 11 May had an advertisement for the sale- that very day- of the town lots held by George Coulstock fronting Collins, Elizabeth and Flinders Lane, including property in what is now Staughton Lane, running behind Elizabeth Street. They were known as Number 10 and 11 of Block 4. George Coulstock bundled them up for sale with an additional property on the corner of Elizabeth and Collins known variously as Townend’s or Cashmore’s corner (so named for the grocers who had their shops on that corner). There’s a map from the time available here and my own very dodgy map below:

Although they had been surveyed as Numbers 10 and 11 in 1837, they had already been subdivided into smaller allotments. They are, of course, prime central city real estate today but I was interested to see what sort of business were located there in 1841.  All the lots sold at auction on May 11 1841, and I’ve put the price per foot reached in brackets but the results (in PPH 14/5/41) became too confused to follow near the end.  We know, as they didn’t at the time, that the bottom was just about to fall out of the real estate market.

Lot 1: 40 ft frontage to Collins Street; 120 ft depth. Commodious dwelling house with workshop and backyards, sublet to Mr Richardson for his ironmongery establishment  [14 pounds sterling, 14 s.per foot]

Lot 2: 36 ft frontage to Collins Street, 70 ft depth. Mr Davis’ Auction Rooms sublet to Messrs Hunter Summerville & Co.[12 pounds sterling per foot]

Lot 3: 26 ft frontage to Collins Street,  60 ft depth. Messrs Dugan and Donelly “one of the most lucrative eating house establishments in Melbourne” [25 pounds sterling 4 s per foot]

Lot 4: 30 ft frontage to Collins Street, 52 depth. Mr Townend the Grocer [13 pounds sterling 13 s. per foot] (the small separate allotment on the other corner of Collins and Elizabeth)

Lot 5: 50 ft frontage to Elizabeth St, 52 ft depth leased to Mr Leadman pointer and glazier [unfettered, 15 pounds sterling 15s per foot]

Lot 6: 30 ft frontage to Elizabeth Street – vacant  [the report of prices received is confused at this point]

Lot 7: 74 ft frontage to Elizabeth St, 108 ft depth. “Upon this allotment is erected the Melbourne Tavern…it contains 9 bedrooms, three sitting rooms, a tap room or bar with cellar, an excellent kitchen and a ten stall stable with all necessary conveniences”. [immediate entry 2600 guineas]

Lot 8: 41 ft frontage to Elizabeth Street,ditto  – vacant [14 pound stirling 14s per foot]

Lot 9: 24 ft frontage to Elizabeth Street, ditto. Dwelling house containing two rooms and a shop [619 pounds stirling]

Lot 10: 24 ft frontage to Elizabeth Street, ditto. Dwelling house and shop containing 3 rooms each 24X12 ft let to Mr Harrison the Hair Dresser and Perfumer. [525 pounds stirling]

Lot 11: 30 ft frontage to Elizabeth Street – let to Mr Woodward the Fish Monger

Lot 12: Corner allotment 28 ft frontage to Flinders Lane- let to Blacksmith

Lot 13  40 ft frontage to Flinders Lane- dwelling let to Mr McGuiness

Lot 14: 34 ft frontage to a lane leading from Flinders Lane- stables containing accommodation at the back of the Melbourne Tavern for 30 horses

Lot 15: 74 ft frontage to a lane leading from Flinders Lane- stabling for 10 horses and a garden as a convenience to the Melbourne Tavern

When the magistrates were awarding liquor licenses two weeks earlier, they mentioned the need for accommodation in the town and I was interested to see that the Melbourne Tavern had nine bedrooms.  In what was probably their version of today’s car parking, the Melbourne Tavern provided stabling for fifty horses, right in the centre of town.

SURGICAL OPERATION  [Could be distressing]

On Tuesday a splendid Surgical operation was performed at the public Hospital in amputating the leg and a portion of the thigh of the Aborigine named “Jack” at present in custody, charged with the murder of Slattery, a Shepperd [sic], who was in the employ of Mr Bennett, near Campaspy [sic] Plains. “Jack” it is supposed received the wound which rendered the amputation necessary from the musket of the Shepperd, who must have fired as the last resource.  Dr Cussen, belonging to the Government Medical Department, was the operator, assisted by Drs Walsome [?], Baylie and Wilmot. “Jack” was fully aware of the operation to be performed, having been made sensible through one of his country-women and a man divested of a leg having been paraded before him. Prior to Tuesday, he had been kept in a tent outside the Hospital, from which at the time appointed he was removed to the Surgery; being placed in a suitable position upon a table, resting in the arms of two men, but without being tied, the tourniquet was applied midway up the thigh: the knife was then brought to bear and the skin (which was found to the astonishment of the medical gentlemen to be as thick as a bullock’s hide!) was severed by a circular incision about four inches above the knee, and the upper portion being severed from the skin to the length of two inches, as a covering to the stump, the knife was passed round to the bone, which the saw soon separated, and the leg was laid upon the floor.  “Jack” bore the unpleasant dismemberment with considerable firmness only interrupting the operation by an occasional interjection of oh! and ah!  The operation occupied the short space of four minutes and a half, reflecting much credit on Dr Cussen, who conducted the whole business with considerable nerve and surgical tact. (PPG 14/5/41)

Some observations: I note that the name “Jack” is in inverted commas, which is unusual. Normally an Anglicized name was given without inverted commas, or there was an attempt to render the aboriginal name phonetically.  I can only imagine that “Jack” was brought to Melbourne and operated on with a view to putting him to trial for murder of the shepherd. He was obviously in a bad way if he was kept in a tent outside the hospital and made no attempt to escape. His ‘countrywoman’ was called upon to explain the situation to him, an unusual example of an indigenous woman being used as a translator.  How did she explain what was to happen to him, I wonder, and what sense did he make of seeing another patient with his leg amputated?  It was a four-minute operation, without anaesthetic, which was not to appear in Australia until 1847.  Not a lot of surgical finesse there, although obviously there was curiosity about his physiology.

THE BURIAL GROUND

There has been recent discussion about the fate of the bodies buried under the carpark at Victoria Market. The first cemetery in Melbourne was located on ‘Burial Hill’, which we now know as Flagstaff Hill in Flagstaff Gardens, but within a year it was recognized that a new position would need to be found. Crown Land was set aside between Franklin, Queen and Peel streets. The northern boundary was Fulton Street, which has since been absorbed into the Queen Victoria Market area. An article from The Age May 8, 2014  describing the history of the old cemetery, has a fascinating picture of the gravestones against the wall of the existing market, before their removal in the 1920s. The Melbourne General Cemetery opened in 1853 and became the major cemetery for Melbourne, although a small number of burials occurred at the site until 1917.

But in 1841 the concern was not so much that the cemetery was becoming crowded, or inappropriately close to other facilities, but that it was being used for grazing:

This place set apart as the receptacle of the remains of frail mortality, it may be naturally supposed would have been held sacred; instead of which, however, it is used as a mere grazing paddock for horses and other cattle (by those who consider themselves entitled to the entre) the herbage being abundant arising from the ground being fenced in. This desecration should be put an end to. (PPH 14/5/41)

AND THE WEATHER….

Quite a bit cooler than the preceding week, with the highest temperature 64 (17.8C) and lowest 40 (4.4 C). There were fresh breezes on 9th, 19th and 12th May.

SUPREME COURT

Now that all the excitement of the Supreme Court opening was over, the court settled down into its daily routine.  Well, not quite.  Even though the inconvenience of not having a Supreme Court for civil cases was cited as a major reason for sending a Resident Judge to Port Phillip, there were no civil cases reported until 30th April, and even then they were rather minor matters.

The Criminal side of the Supreme Court was more active, though. The Port Phillip Herald of 27 April reported two assault cases: one involving an ‘unnatural offence’ (i.e. homosexuality), and the other domestic assault, albeit with a twist.  The first case involved ‘assault with intent to commit an unnatural offence’ when William Gemmil (or Gemmel), whose status was ‘free by servitude’, came before the court for an assault on hut keeper Richard Bell. The offence allegedly occurred in a sentry box at Roadnight’s pastoral station near Geelong. Bell swore at the committal hearing that Gemmil

put his hand on my privates; I told him I would not allow that and he said “never mind no one else will know except you and me” He then got on top of me and did the same as if I was a woman, he had his trowsers off and put his privates between my thighs in front and remained about five minutes resting upon my person…The defendant came to me every night until the following Sunday and did the same to me, he held me…I complained to my master when he came to the station. (VPRS109 Unit 1 p.537) cited in Paul Mullaly Crime in the Port Phillip District p. 482

Willis jailed Gemmil for two years with hard labour, “being the utmost sentence which His Honor could inflict upon him”.

The second case was described as “as flagrant as one as ever came before a Court of Justice.” Henry (or Harry) Agnew, a former Van Diemen’s Land convict who was ‘free by servitude’ kept a brothel in the Little Bourke Street area. He induced Sarah Chant, who had recently emigrated on the Fergusson, to come to his house as a servant, stating that she would find it the best service in the Colony.

In about a fortnight he produced an agreement and wished her to sign it, thereby binding herself to remain for three months, upon her refusal the unmanly brute knocked her down, kicked her in the side, face, breast and various other parts of her body. This course of treatment was repeated several times, the discolouration arising from the kick in the face was visible at the time of her giving evidence. (PPH 27/4/41)

In her testimony, Sarah swore that:

I left about the beginning of this month from ill-usage- because I would not sign a paper to live there- I would not live there because it was an improper house- he knocked me down and kicked me in the face and side- I got out into the street. http://www.historyvictoria.org.au/willis/book%2011.html#11

Doctor Cussen testified that he saw Chant at the watchhouse and described her injuries, but swore that “I think she exaggerated her case“. Willis underlined these words in his Case Book, which indicates that he considered the information important. Agnew was found guilty.

His Honor, who designated the assault brutal and unmanly, sentenced the fellow to be imprisoned for six months, to pay a fine of £59 and be further imprisoned until the fine be paid. (PPH 27/4/41)

POLICE COURT HAPPENINGS

There was always much more mirth to be found at the Police Court than at the Supreme Court, although of course the stakes were higher for any case that found itself in the superior court.  More properly known as the Court of Petty Sessions, this court was overseen by honorary and police magistrates and dealt with summary offence and minor civil cases up to 20 pounds.  A seemingly unending stream of minor robberies, drunkenness offences and assaults found its way into this court.  Two of the cases that wound up before the court on Wednesday 21st arose from the Races the previous week:

Geo Dogherty, an old fool, was charged with ramming-down “Bullet” an Aboriginal native upon the Race Course on Wednesday until the Bullet was ready to go off without the aid of gunpowder.  The Bullet appeared mild and forgiving before the Bench, and said that Doghery was a murry, budggery-fellow. The Bench dismissed the case.  There is no doubt Bullet had been tipped, as he took the thing in such good part.

Henry McDonald, who appeared well charged with Parkins’ compound essence of steam, was charged by Mr Michael David with calling him a Jew and then incontinently flooring him upon the Race Course, at the time there were a number of persons around Mr D, one of whom made a pull at his watch-guard but without effect.  While Mr D. was lying on the ground the fellow again struck him. The Bench sentenced him to pay a fine of £5 or be imprisoned two months.  (PPH 23/4/41)

Then followed a pig case. Ah- pigs! Not a week would go by without a mention of pigs in the newspaper and this week was no exception:

Robert Oman was fined five shillings for permitting a pig to walk about and breathe fresh air and look upon the scene in the town of Melbourne. Mr O said that the pig was of the feminine gender and shortly previous had a charming litter, which as soon as he could conveniently manage he removed to a neighbour’s, who was in the habit of luxuriating upon a sucking pig nicely browned. The mother of the pigs, having a presentiment that her progeny was to be tickled in the throat by the relentless butcher, spurned all soothing and buckets of choice mash, and with a perseverance worth a better cause, burrowed her way into the street and finding her little ones undergoing the operation of fattening in an adjacent yard, to which access was denied her, she set up a wail in that peculiar shrill key which can be only drawn forth from the Pigean bagpipes, which drew the attention of the informer.  The bench, however much they admired the maternal feelings of the pig, must inflict the fine.  (PPH 23/4/41)

ANNUAL LICENSING DAY

The Primative Albion Hotel Great Bourke St Melbourne by William Liardet. Source: State Library of Victoria.

http://handle.slv.vic.gov.au/10381/151500

A bench of magistrates and worthies assembled to hear the applications for Publicans’ Licences. Headed by James Simpson, the Police Magistrate, the bench included James McArthur, F. A. Powlett, G. D. Mercer, E. Brewster, W. Verner, A. Furlong and Doctors McCrae and Martin.  Here’s a list of existing licenses they approved:

COLLINS STREET Thomas Halfpenny ‘William Tell’ (conditional);  Thomas Anderson ‘The Lamb’; John Davis ‘Imperial’; Thomas Graham ‘Edinburgh Castle’.

LITTLE COLLINS STREET Benjamin Hancock ‘Freemasons’ Arms’; William Evans ‘Builders Arms’; John Bullivant ‘Waterloo’ (conditional); John O’Shaugnessy ‘Australasian Hotel’.

BOURKE STREET  James Dobson ‘Albion’; James Jamieson ‘Eagle’; William Sidebottom ‘Golden Fleece’

ELIZABETH STREET Francis Henry ‘Irish Harp’; (conditional); James Coulstock ‘Melbourne Tavern’; R. A. Roberts ‘Union’

QUEEN STREET  John Byng ‘Victoria’; John Shanks ‘Royal Highlander’

FLINDERS STREET William Coulson ‘Melbourne Hotel’; A Greaves ‘Yarra Hotel’

LITTLE FLINDERS STREET James Shaw ‘Shaw’s Hotel’; Robert Brottargh ‘Adelphi’, Lewis Pedranna ‘Dundee Arms’ (conditionally)

MARKET PLACE  William Harper ‘British Hotel’

LONSDALE STREET William Mortimer ‘Crown’, Robert Omond ‘Caledonia Hotel’

BEACH A Lingham ‘Marine Hotel’, W.F.E Liardet, ‘Pier Hotel’

They didn’t necessarily approve all existing licence-holders.  They knocked some people back if they were persons of bad character, or if their hotels were frequented by people of bad character or, as in one case, if the applicant was living “in a disreputable state”.

They approved new licences too, just to add to the proliferation of hotels

QUEENS STREET – W. Seymour

BOURKE STREET J. S. Johnstone, John Stevens (conditional)

ELIZABETH STREET Matthew Molony; E. Matthysons (Wine and Beer only)

LITTLE FLINDERS STREET. John Grant; Francis Hobson

COLLINS STREET  Philip Anderson; Henry Davis

LITTLE COLLINS STREET Jeremiah Coffee

LITTLE BOURKE STREET William Athorne; Matthew Cantling

ELIZABETH STREET William Smith (conditional)

SWANSTON STREET Michael Lambert

They didn’t approve any licences for New Town (Fitzroy). It seems like the NIMBY (Not In My Back Yard) forces were already mustering in 1841:

There were three applications for New Town but these were strenuously opposed by Mr Montgomery, the Crown Solicitor as an inhabitant of the place, backed by a memorial signed by the most respectable of the inhabitants.  The Bench would willingly grant one Licence at New Town as they thought it hard that the labouring class, many of whom reside there, should be compelled to come into Melbourne to procure their beer but… there is no constabulary force to overlook, much less look after a publican at New Town. (PPH 23/4/41)

SLOW TRAVELLING

Although there were boats buzzing backwards and forwards along the coastal ports between Sydney, Melbourne, Adelaide, Launceston and Hobart, occasionally we are reminded that for some unlucky passengers, it could take a very long time to make the journey.

The Gem, for example, left Launceston on 4th April but did not arrive until 26th April. It was sighted by the Lady Emma on 17th April about 40 miles of Cape Liptrap, under gib and storm stay-sails.   Meanwhile, the Augustus, described as a “very dull sailer” took three weeks to sail from Sydney- so long that it had to be supplied with fresh water by the Australian Packet which ‘spoke’ it on the journey.

AND THE WEATHER?

Well, in 2016 we’ve just had an unseasonably warm last week in April with three consecutive days over 25 degrees.  In April 1841 the highest temperature for the period 22-30th was 72 (22.2) and the lowest 49 (9.8). The wind was generally light. It was dull and wet on 22-24 April, with fine weather afterwards.