Category Archives: This Week in Port Phillip District 1842

This Month in Port Phillip 1842: June 1842 Part 2

You might remember that during May there had been the trial of the Plenty Valley Bushrangers and having been found guilty, three of the four remaining bushrangers were sentenced to hang (one was killed during capture). Even though Judge Willis urged immediate execution as a lesson to all would-be bushrangers, this was a highly improper suggestion as the Governor in Sydney had to give his approval first. So much of June 1842 was spent waiting to hear from Sydney whether the prerogative of mercy would be exercised, and if not, when the execution would take place.

It has been fifty years since there has been an execution in Australia, the last being Ronald Ryan‘s hanging on 3 February 1967. However, Australians had a taste of the detailed reporting and in my view, the sheer bloody-mindedness of state execution with the executions of Andrew Chan and Myuran Sukumaran in Indonesia in 2015. Although 173 years separate the executions, many of the narrative tropes about execution – particularly those related to penitence and religious conversion –  were just as present in 2015 as they were in Port Phillip in 1842.

In June 1842, although the excitement of the trial had abated, there were ongoing short reports about the condemned men in jail.  On 20th May the Port Phillip Herald reported that the condemned criminals were visited daily by three different clergymen, the Anglican minister Rev Thomson,  Rev James Forbes the Presbyterian minister, and Rev. Stephens, the Catholic priest. The paper reported that the culprits had not, as yet, shown the slightest sign of repentance. In fact, one was annoyed at his spiritual instructor questioning him about the number of robberies he had committed. They were confined together in a room about 10 feet square, the same as occupied by the “black murderers”recently executed in January. They were heavily ironed, with a constable in the room day and night and a guard at the door.

On 24th May, the Herald reported:

Since our last notice of these unfortunate men, we are happy to learn from the Rev.  Mr Forbes, who is unceasing in his visits at their cell, that they are shewing a marked improvement in their conduct, and attend now with much interest to their religious exercises. [PPH 24/5/42 p 3]

By June 7, they were reported as being “all truly penitent”. They sent for Mr Fowler, who had been shot through the cheek and ear during the capture of the bushrangers. They “fell on their knees and begged his forgiveness. Mr Fowler of course forgave them” [PPH 7/6/42]. Eventually the overland mail brought the news that the men were to be hanged on 28th June.

On the day of execution, the men were woken before day break by Rev Forbes, and Rev Wilkinson, the Wesleyan minister who was now included in the clerical contingent. The sacrament was administered to Jepps and Ellis by the Rev Mr Thomson. Just before 8.00 a.m. they were taken into the yard and their irons were struck off.  Jepps and Ellis undertook this with fortitude, but Fogarty wept bitterly for friends left behind rather than for despair of death.  The open cart drew up to the door, bearing the three cedar coffins. The men, who were “decently clothed” did not wear the white gowns worn by the indigenous prisoners Tunnerminnerwait and Maulboyheener who had preceded them to the gallows four months earlier. They did, however, wear white caps.  At 8.00 a.m. the order was given to ‘mark’ and the procession headed off with the military at the front and the mounted police at the rear.  Reverends Thomson, Forbes and Wilkinson walked arm-in-arm in front of the soldiers, while Rev Mr Stephens was on horseback.  The route was a mile in length, and unlike with the aboriginal prisoners who travelled in a covered wagon, the men were visible to all on the back of the cart, sitting on their own coffins, during the half-hour trip.  At the top of Lonsdale Street, the prisoners were ordered to look over their right shoulders to see “the fatal spot where their career of life was to be closed”.  Jepps and Ellis knelt on the ground with the “three reverend gentlemen” and prayed, while Fogarty was engaged with the Catholic priest at a short distance. [PPH 1/7/42]

The Rev. Mr Forbes appeared more painfully distressed than the poor victims of misdirected talents themselves; he had been led to take a great interest in the fate of Ellis, and had been unceasing in his endeavour to bring him to that sincere state of repentance which is the mainstay of the Christian creed [PPG 29/6/42].

One of the tropes of execution scenes is the ‘last dying speech’ ritual, conducted at the base of the scaffold.  In this heavily orchestrated performance, the speech was always a moment of  unpredictability because neither the clergy nor the authorities could control what the condemned prisoner was about to say.  But they need have had no fears about Jepps.

About nine o’clock, the prisoners having concluded the prayers, Jepps, taking a final adieu of his spiritual advisers, turned to the assemblage, and in a short but emphatic appeal to young men, exhorted them to take warning by his untimely end, of the fearful consequences of bad company, and the wretched end that awaits all who like him, deviate from the path of rectitude. He expressed himself resigned to his fate, and died in the belief of the Lord Jesus Christ. [PPG 29/6/42]

The Catholic Priest administered the sacrament to Fogarty on the drop, after which “he seemed more composed” while the Episcopalian minister read aloud the service for the dead. At the appointed signal the executioner pulled away the platform and the men were “ushered into eternity”. The Gazette reported that the men died in less than a minute, the scaffold having been “under the Sheriff’s directions, been constructed so as to avoid any of the extremely painful incidents which marked the last execution in the province.” [PPG 29/6/42] . However, the Patriot reported that Fogarty  suffered about three minutes after the drop fell,  in consequence of the knot of the rope shifting. [PPP 30/6/42]. According to the Patriot,

a company of the native police under the command of Messrs. Dana and Le Soeuf arrived from the station on the Merri Creek shortly after the drop fell. The men looked clean and well, and appeared to observe the awful sight before them with terror and dismay [PPP 30/6/42]

Reports of the numbers in the crowd varied between 1000 and 2000. The Patriot reported that very few women were present, while the Herald was shocked that so many females were present, although they were of the “rank of servant”. The Herald also complained that the men remained on the scaffold until the burial service had been concluded so that the crowd could see “the recumbent position of Ellis, the convulsive start of Jepps and the open and closing of the hand of Fogarty.”[PPH 1/7/42]

And so, the second batch of executions in 1842 were completed.  It was not to be long until the next execution was to occur, the last in Port Phillip for several years.

This Month in Port Phillip in 1842: June 1842

In my report for April 1842 I mentioned that a three-month licence had been granted for the performance of amateur theatricals at the Pavilion Theatre (also known as the Theatre Royal). There was always official squeamishness about the raffishness of the theatre and those who trod its boards.  In a valiant attempt to keep the theatre as ‘respectable’ as possible, this licence was for Monday night performances only, using amateur thespians (albeit under the directorship of Mr Buchanan). The whole proceedings were overseen by a board of stewards, most of whom were entrepreneurs or newspaper editors.

The Eagle Tavern and Theatre Royal

The Eagle Tavern and Theatre Royal’ by W. F. E. Liardet (1799-1878) Source: State Library of Victoria

By June this three-month opportunity was drawing to a close. The Port Phillip Gazette reported a meeting of the stewards on 18 June in order to make plans for the future operation of the theatre:

The stewards of the Amateur Theatricals held a meeting in the Pavilion, at noon, on Thursday last, to audit the accounts, take steps for the renewal of the license, and order the entertainments for the closing weeks of the season, so as to invest them with the greatest amount of attraction. His Honor the Superintendent will be solicited to patronize the theatre on one night; the St. Andrew’s Society are prepared to support it on another occasion; the Odd Fellows and the Sons of St. Patrick will be called upon in turn; and the whole is expected to close with a grand amateur performance, in which histrionic talent will be displayed to an advantage hitherto unwitnessed in the province.[PPG 18/06/42]

Unfortunately for the stewards and their claims to respectability for the theatre, there was another little contretemps in the theatre-pit the very evening of the stewards’ meeting.

On Thursday night last, the Pavilion was made the scene of a confusion which has been unparalleled in the district. During the course of the afterpiece in which Miss Sinclair was taking the part of Mannette, some parties in the pit, sitting close to the stage, made use of offensive expressions, accompanied by notes of purposed disapprobation, that obliged the actress to stop and complain of the interruption ; Mr. Stephen, the honorary manager, observing one of the young men attempting to repeat his sallies, ordered a constable down into the pit to take him into charge. A number of gentlemen gathered round the offender, and prevented his capture ; the pit, boxes, and gallery immediately rose, and the uproar became general : the constables dealt blows; and the parties attacked, grappled with the peace officers: the throng in the pit, prevented any egress; and the performers, driven off the stage, dropped the curtain. One or two gentlemen having at length got order, Mr. Stephen addressed the audience; defended his own course in having given the party into custody, and expressed the determination of the Stewards, not to allow these repeated insults to themselves and the attendants to pass over. He begged them all to recollect, that the renewal of the license given to them for charitable purposes, was under discussion by a bench of Magistrates ; and, now that the principals of the riot were known, and would be dealt with at the Police Office, he trusted that they would not prolong the confusion. The performers, headed by Mr. Buckingham and Miss Sinclair, coming on again, sung a finale chorus, and the house was dismissed. Parties who have been in the habit of frequenting the Theatre, and exhibiting uproarious demonstrations of criticism, have been more than once warned not to push their conduct beyond the verge of decency. Had, however, the offenders in this instance, contented themselves with the common motions of inebriety, we should have considered a little wholesome exposure at the Police Office, next morning, quite sufficient ; but, what excuse is there for such an unmanly attack upon a woman? The pot valiancy, which led a number of gentlemen to shield the offenders, was not unexpected ; but, they never could have meant intentionally, to defend the cowardly attack which was made by their friends. [PPG 18/06/42]

The matter ended up before the Police Court the next day

A lengthened investigation took place at the Police Office yesterday forenoon, into the riot which had been occasioned at the theatre on the previous evening. The stewards representing that they were not anxious to press the charge, if a proper apology were made, Mr. Graves, who with Mr. Moles, were very conspicuous in annoying the ladies, took advantage of the reprieve opened to him. Mr. Davies, however, on the part of the performers, not thinking that an apology to the Court was sufficient to satisfy their interests, pressed the charge against the latter gentleman as having headed the fray. Upon the charge being substantiated, Mr. Moles was fined £5. The stewards will be justified, we consider, in denying these parties admission for the future. Several gentle men were also brought before the bench upon informations laid by the constables, for having both in the theatre, and subsequent to the performance, out of the theatre, assaulted the constables, opposed them in their duties, and otherwise acted in a disorderly manner. [PPG 18/06/42]

Mr Moles was fined, but a Mr McLauren, whom the actors also thought culpable, seemed to have escaped punishment.  The actors brought his actions before the public through a letter placed in the newspapers:

Letter to Mr McLauren. “We the members of the Amateur [Players?] feel it our duty to call upon you, in consequence of your gross conduct during the progress of the performance on Thursday evening last, to apologize to us [..iting?] for the very ungentlemanly manner you insulted the ladies of this company by your drunken remarks, otherwise, we shall feel it our duty to charge you before the Police Magistrate with obstructing the constables in the execution of their duty, also creating a disturbance in the Theatre. And we beg to call your attention to Major St John’s upright decision in the [?] of Mr Moles, and we shall also deem it expedient to publish an account of your conduct in the Melbourne journals. Your immediate reply is required. We are, Sir, Yours &c &c, George Buckingham, John Davies, James Southall, William John Miller, Richard Smith, James Warman, H. S. Avins, Robert Staisby, Richard Capper, Joseph Harper. [PPG 18/06/42]

Mr McLauren, however,  was snippy in his reply:

MR McLAURENS REPLY.  If I am called upon by the Stewards of the Amateur Theatricals, I may favour them with an apology, but I do not intend in the [?] instant to confer with subordinates. J. M. McLauren.  [PPG 18/06/42]

There was another letter of apology, but this was from the theatre manager, Mr Buckingham, who had come on stage to remonstrate with the rowdies and to protect the feelings of his actors:

To the Editor of the Port Phillip Gazelle.
Sir, — I trust that I may be permitted, through the medium of your journal, to reply to the observation made by the Patriot and Herald with reference to my addressing the audience at the theatre during the performance of “Therese” on Thursday week. The apology I made upon the occasion, I had hoped would have saved me from further animadversion, nor should I again advert to the circumstance, did not the censure appear to be unaccompanied by any palliation. It therefore is due from me to the public generally to remark, that the frequent interruptions from a portion of the audience, who seemed bent on annoying the performers by remarks which, from the propinquity of the stage to the seats in the pit, could not fail to he heard, compelled me to adopt the only course which at the moment presented itself. However ” improper and unusual” it may be for a performer to destroy the illusion of his character by a personal appeal to the auditory, still it should be borne in mind that the actor whose mind is wholly absorbed in the study of his performance, upon the recurrence of disapprobation, such as that complained of, is placed in a trying and difficult position. The fault, however, in this instance, was atoned for by the expression of my regret, and the public who received the ‘amende’ favourably, might have been spared any further appeal to their indignation. I have the honor to be, Sir, Your most obedient Servant,
GEO. BUCKINGHAM.

However, he didn’t get much joy from the editors of the Port Phillip Patriot who issued an editorial response to his letter directly underneath:

Mr. Buckingham has been too long on the stage to be ignorant that his very intemperate conduct on the occasion referred to, was calculated rather to augment than allay the mischief he com-plains of. However annoying the expression of disapprobation, deserved or undeserved, may be to a performer it is his ‘weird’, and he must ‘dree’ it in silence, relying, as he may safely do, that if it is unjust it will not be tolerated by any well disposed audience. The practice of interrupting the performance and addressing the audience whenever a solitary hiss, or other mark of disapprobation is heard, is altogether intolerable, and would not be permitted to occur a second time by any less good-natured audience than that which assembles at the Melbourne Theatre. If the occasion in question had been the first on which Mr. Buckingham was guilty of this decorum, we should have considered his apology sufficient, but it was matter of complaint before, and it was necessary that steps should be taken to prevent its recurrence in future. The Stewards will, doubtless, to the extent of their ability, protect the performers from insult, and put a stop to the unseemly interruptions by the blackguards in the disguise of gentlemen, which have given rise to this discussion; but if Mr. Buckingham, or Mr. any body else, so far forgets himself in future as to address himself to the audience without a legitimate cause for so doing, he may lay his account-with being hooted off the stage, and the verdict of any impartial jury in the world will be “served him right,”— Ed. P.P.P. [20/6/42]

On 20th June the Port Philip Patriot published an editorial of support for the extension of the licence, which would be decided the next day.

THE AMATEUR THEATRE.

The Magistrates meet in Petty Sessions, to-morrow, to determine as to the propriety of granting an extension of the license of the Melbourne Amateur Theatre. The Theatre has now been open for a period of three months, and, we believe, every person who has visited it, will admit that the performances have far surpassed his expectation, and that the audiences have been in every respect orderly ; indeed with the solitary exception of the disturbance referred to in another column, we have never in any part of the world seen an audience so uniformly quiet and orderly. The persons who occasioned the disturbance referred to, have been shewn that they will not be suffered so to misconduct themselves in future, and we doubt not the lesson will prove a salutary one. As there can be no reason why the inhabitants of Melbourne should be deprived of this their only public amusement, while the authorities have assurance that no evil consequences are to be apprehended from the Theatre being kept open, it would be hard if the extension of the license asked for should be refused. We do not, however, apprehend any such refusal, for we know that every magistrate who has visited the Theatre, has expressed himself most agreeably surprised and entertained, and it is not likely that those who have not been present will oppose the renewal of the license which the others are disposed to grant. [PPP 20/6/42]

However, by the end of June the stewards needed to wind up the season.

The Amateur Theatre — The performances at the Theatre on Friday night, the last night of the season, were under the patronage of the St. Andrew’s Society of Australia Felix, and the house being both very numerously and fashionably attended, the whole affair came off with great eclat. The former license having expired, the Theatre will be closed for a month or six weeks, within which period the renewal recommended by the Bench of Magistrates at the late Petty Sessions, is expected to arrive. In the interim the Stewards purpose effecting extensive alterations in the house, with the view of affording increased accommodation. The pit and the stage will be lowered so as to cut off all communication between the former and the boxes, and slips will be put on a level with, but separate from the gallery, thus enabling family parties to attend without being subject to the risk of annoyance of any kind. Care will also be taken to secure an efficient body of performers, so that in every respect the Theatre may be rendered deserving of the public support. [PPP 4/7/42]

 It took until 29 July for the permit  for the next season to arrive. This time it was a permit for twelve months, and the theatre was planned to reopen on Monday 7th August.

What happened in Port Phillip in 1842: May 1842 Pt.II

Feting the gentleman captors

Not a lot else happened in May, other than the excitement of catching the Plenty Valley bushrangers. So grateful were the good people of Melbourne to the ‘young gentlemen’ who  were feted with capturing them, that it was proposed to hold a dinner in their honour:

it is proposed to give the brave little band of amateurs who succeeded in capturing the bushrangers, a public dinner.  This is as it should be: no men more honorably deserve such a mark of public respect.[PPH 3/5/42]

A venerable list of Port Phillip Gentlemen put their names to the proposal (including Cavenagh, Arden and Kerr – the editors of the Herald, Gazette and Patriot respectively)

Bushrangerdinner

The Port Phillip Herald reported that

The Forthcoming Dinner for the captors will take place Thursday next 26th May at Royal Hotel, tickets 35 shillings each, can be obtained until Wed evening from the stewards. His Honor, Judge Willis, had signified his intention of being present, but has declined on account of the sentence not having yet been carried into effect upon the unfortunate men.   The partition wall between the large front room above stairs and an adjoining back apartment will be removed [PPH 24/5/42]

But then, as the night of the dinner drew near, the editors of the Press learned that the Stewards of the dinner had decided to omit a toast to ‘The Press’, the same insult that had been levelled at them at the Governor’s Dinner as well.  As a group, the editors decided to boycott the dinner.  They wrote to the guests of honour:

To Messrs Snodgrass, Fowler, Gourlay, Chamberlain and Thomson.  Monday 25 May 1842. GENTLEMEN As the absence of every one connected with the Melbourne Press from the dinner to be given to you tomorrow by your fellow-colonists cannot fail to be observed and commented upon, we are desirous that our absence should not be considered as indicating any want of respect for you, or any disinclination to join in a tribute we think you have well deserved. We feel it due to ourselves, however, as the representatives of the Press of the Province, to shew, by our absence from the dinner our sense of the indignity (a second time offered to us) in the exclusion of “The Press” from the list of toasts to be given, under the authority of the stewards, every other toast of a public nature which it is customary to give on such occasions, being inserted in the list which has been furnished to us.  We have the honor &c  Wm Kerr Ed. Patriot, Geo Cavenagh Ed. Herald, A.F.A Greeves Ed. Gazette, T. H.Osbourne, Ed. Times.

And the gentleman guests wrote back:

To Mr Kerr and the Editors of the Melbourne Journals.  Wednesday evening.

GENTLEMEN- In the names of Messrs Gourlay, Fowler, Thomson and myself, I beg leave to acknowledge the receipt of your communication, and to inform you that our position, as guests to the gentlemen who have tendered us so handsome a testimonial, prevents us interfering in any way with the arrangements they may have made with the Editors of the Melbourne papers for our entertainment.

Permit me to express our regret on our hearing, for the first time, your intention to deprive us of the pleasure of your society on the forthcoming occasion, which we were led to expect from having observed the names of Messrs Kerr and Cavenagh- two of your body- on the list of those gentlemen who offered us so flattering a compliment. I have the honor to be, Gentlemen, Your obedient humble servant, Peter Snodgrass. N. B. Mr Chamberlain being absent from town prevents his replying to your letter. P. S.  [PPP 26/5/42]

After the publication of the correspondence, there was a meeting of “a large number of gentlemen” who intended going to the dinner, who resolved that the toast would be proposed in defiance of the Stewards. Then the Stewards had a meeting behind closed doors on the afternoon of the day on which the dinner was to take place and they decided to propose the toasts themselves, and issued cards of admission to the reporters at 5.30 with the dinner to start at six. The editors returned the tickets with the intimation that “the Editors could not think of exposing their Reporters to an indignity, they were themselves staying away from the Dinner to avoid” [PPP 30/5/42]

And so, avoid it they did, but being newpaper men after all, the Port Phillip Herald  did publish a report of the dinner after all.

THE PUBLIC DINNER Pursuant in the previously notified general meetings at the Royal Exchange Rooms, as fully reported in the columns of the Melbourne Press, a public dinner was given on the evening of Thursday, to the gallant captors of the bushrangers now in the condemned cells awaiting execution – more especially to do well deserved honor to Messrs Fowler, Gourlay, Snodgrass, Chamberlain and Thompson, to whose heroic conduct the inhabitants of the province owe such deep gratitude for the early termination of the career of as desperate a gang of banditti as ever infested the Middle District. [PPH  31/5/42]

The Port Phillip Gazette wasn’t too impressed with this break in editorial solidarity:

 Our contemporary the Herald diminishes our regret at the inability to report the dinner, having published yesterday a full account of the proceedings, by its own reporter.  As the note to Messrs Snodgrass, Gourlay, Fowler, Chamberlain and Thompon, signed by all the Editors, commences with these words- “Gentlemen, The absence of everyone connected with the Melbourne Press &c“- we presume it was not read by the Editor of the Herald, or it is obvious that he neither could consistently attend the dinner, nor give a report of it, because he would not have exposed his reporter to an indignity he would avoid himself. [PPG 1/6/42]

But the celebrations didn’t finish with just a dinner.

MASONIC COMPLIMENT- On Wednesday evening last, at a meeting of the Lodge of Australia Felix, Mr Stephen proposed that a token of regard should be offered to Messrs Gourlay, Fowler and Snodgrass for their heroic conduct in capturing the bushrangers. It was consequently resolved, unanimously, that Masonic Medals, according to their rank held in the order, should be presented to the above named gentlemen upon which should be engraven an appropriate inscription. Although unusual for the Masonic body to take cognizance of [indistinct] circumstances, yet from the fact of there being no less than three out of four of the “intrepid band” freemasons, the [indistinct] deem it a fitting occasion, in no way opposed to the constitution or traditions of the craft, to mark their [appreciation?] of the service rendered to the community; and the public will learn from this …that whilst Masons acknowledge [?benefits?], the fraternity are ever ready to [indistinct] their lives in protecting…their country when duty calls them into action.  [PPH 28/5/42]

Duello

It was a rather propitious time for Peter Snodgrass to be revelling in all this public adulation, because there was the little matter of an appearance in the Police Court which might otherwise dimmed his lustre. I find it really strange to juxtapose boggy, unmade Collins Street, with its tree stumps still visible, and all the aristocratic geegaws of ‘cutting’ someone dead and challenging to a duel, as if they were in the streets of London.

THE DUELLO. At the Police Office on Friday last, Messrs Peter Snodgrass and John Maude Woolley were bound over to keep the peace towards all her Majesty’s subjects, but particularly towards Captain George Brunswick Smyth. From the evidence of Captain Smyth, it appeared that one the previous day he met Mr Snodgrass in Collins-street, but not being desirous to rank any longer in the list of that gentleman’s acquaintances, he had given him “the cut direct”. In the evening of the same day Captain Smyth received a visit from Mr John Maude Woolley, whom he described as anything but sober; Mr Woolley announced himself commissioned by Mr Snodgrass to demand an explanation from Captain Smyth, touching his reasons for shunning Mr Snodgrass, and in the event of his inability to assign a satisfactory reason, to name a friend with whom to arrange the preliminaries of a hostile meeting on the following morning. Captain Smyth, however, declined acceding to either course, and hinted his desire to be freed from the presence of a visitant in Mr Woolley’s condition, whereupon Mr Woolley, threatening postings, horsewhippings and all the other numerous ills a club life is heir to, left the house. In the morning Captain Smyth brought the parties before Major St John, at the Police Office, and they were bound over to keep the peace [PPP 23/5/42]

Two views of the hospital

A temporary hospital was opened in Bourke Street when it became clear that the very first hospital in William Street, open only to convicts and new immigrants, was inadequate.  The Port Phillip Gazette was full of praise for the institution:

THE TEMPORARY HOSPITAL. On Tuesday last an opportunity was afforded the writer of inspecting the temporary hospital in Bourke-street, in the company of Dr O’Mullane, one of the visiting surgeons. This institution, it may not be generally known, is supported entirely on casual charity, and the funds are hardly sufficient to enable it to drag on its existence. It was originally proposed to build a permanent hospital, towards the maintenance of which it was intended to apply for the appropriation of certain revenues which are in like manner afforded to a similar institution in Sydney. A public meeting of its supporters decided that the building should not be opened until £800 had been collected by subscription; the great distress prevalent during the past hot season induced the same parties to consent to the establishment of a temporary hospital, which was placed under the control of an interim committee. The ministers of the various congregations in Melbourne, who were appointed on the committee, have been using the greatest exertions- especially, we are warranted in saying, the Rev Mr Thomson- to incite the charitable feelings of the more wealthy inhabitants in its behalf; but at various times the funds have run so short as to leave not enough even to defray the purchase of bandages and other trifling articles of daily use.  The object of our personal notice is both to record the public thanks which are due to the gentlemen in the management of the institution, and to raise more abundant means for the continuance of their services.  The professionalists who have charge of the patients are Drs O’Mullane, Wilkie, Meyers and Thomas; these gentlemen, as well as either of the resident clergymen, will receive the donations of the charitably inclined, and apply the receipts to their proper purposes  [PPG 11/5/42]

The Port Phillip Patriot was somewhat less charitable

Several worthless characters in town, keeperss of houses of ill-fame and persons of a similar description, have taken it into their heads that the temporary hospital (towards the maintenance of which they have never contributed a farthing exception in the shape of drunken fines) is quite at their disposal whenever any of their unfortunate inmates have become incapacitated by disease or sickness from following their loathsome trade. Some of these fellows will take no refusal, but will hurry the patients up to the hospital door, bundle them in and then off, and leave them. Some days ago a trick of this kind was played by a worthless fellow named Hyams, well-known in the police records, who left at the door of the hospital in a dying condition an unfortunate woman named Maxwell, who after running a career of dissipations for several years in Hobart Town, had come here to perish. On Wednesday week another worthless fellow of the name of Young who keeps a house of very questionable fame in Bourke street, nearly opposite the Southern Cross Hotel brought a young girl, one of the inmates of his house, who was suffering severely from erysipelas in the leg, and bundled her down at the door of the hospital in the midst of all the rain, and there abandoned her. The Committee would do well to being some of these worthies before the police, and Major St John we daresay would contrive to read them a lesson they would not forget for some time. [PPP 5/5/42]

Another indigenous execution on the way

The newspapers carried news that three indigenous men were being brought to Melbourne from the Port Fairy district to face the court. It was a rather indirect route to Melbourne from Port Fairy via Launceston.

THE ABORIGINES Three aborigines from Port Fairy arrived in town, via Launceston, on Tuesday evening last, having been forwarded by Capt Fyans, from Port Fairy in charge of a trooper of the Border Police. Their names are Rogers [sic], Cock Nose and Jupiter; the former is charged with the murder of Mr Clement Codd, in the neighbourhood of Port Fairy, about 18 months ago, and the two latter with stealing and spearing sheep and cattle. Mr Seivewright, the Protector, it is said, had thrown the shield of his protection around Roger, though there is abundant poof of his guilt, and Capt Fyans had actually to resort to stratagem to get the murderer taken into custody  [PPP 19/5/42]

This story has further to go.

How’s the weather?

I’m missing the first week of May, but for the rest of the month the warmest temperature was 65(17.8)  on 13th of May   and the coldest temperature was recorded on 24th May with a high of  48 (8.9) and a low of 39 (3.9)

This Month in Port Phillip: May 1842 (Pt.1)

In May 1842 the talk of the town was BUSHRANGERS!  There had been reports filtering into the newspapers from late April about a spate of holdups and invasions and by early May it was clear that the same gang was involved. They were dubbed the Plenty Valley Bushrangers.  I wrote about them at length here, (complete with map!) so follow the link and read about their spree and capture before coming back here to follow up with the trial.

Reenactment of a bushranger robbing some travellers on a country road

Re-enactment of a bushranger robbing some travellers on a country road. Photograph taken by J.W. Lindt 1845-1926, State Library of Victoria http://handle.slv.vic.gov.au/10381/290418

Are you back?  On 3rd May an inquest into Williams’ death was held and the three surviving bushrangers were committed to trial.  Willis scheduled a special sitting on 11 May (even though the usual criminal session would be held on 16th anyway).

Rather controversially, Willis wrote to La Trobe immediately following the committal hearing but prior to the bushrangers’ trial, noting that should the death sentence be passed, “it would have a much more effectual example were that sentence carried into execution within a very short period instead of delaying it until the proceedings could be sent to Sydney and returned”. He suggested that La Trobe request permission from Governor Gipps to make the arrangements at the local level, and that Willis would announce the time and place from the Bench.[1] Governor Gipps in Sydney, however, would have nothing of it.  A terse letter reiterated the necessity, under the Queen’s instructions to the Governor, to bring every sentence of death before the Executive Council.[2]

The courtroom trial itself was unremarkable, beyond Willis’ alacrity in scheduling the  unnecessary special sitting on May 11.  His opening comments congratulating the captors for their services to the community do not seem to have attracted attention or criticism at the time. [3]  The three surviving prisoners faced twenty-four counts, all related to the shooting and wounding of Henry Fowler, the leader of the “gay and gallant Five”. There were other charges that could have been laid from the five-day outbreak of violence but only the charge of shooting with intent to maim, disfigure or disable carried the death penalty.  Given that the wounding occurred during a shoot-out, there was a heavy reliance on forensic evidence and crime reconstruction to prove that it was the bushrangers, and not the captors, who had fired at close range and at particular angle to cause the injuries sustained by Henry Fowler.  The prominence given to scientific evidence is striking, given the usual reliance on character evidence and eyewitness reports that was usually tendered to the courts. [4] The jury retired for an hour and returned with the guilty verdict.

Willis then held sentencing over for two days until the following Friday, perhaps in the expectation that a reply to his request to announce the date and time for execution might arrive.  The audience for the sentencing was more than sufficient: the crowd rushed into the courthouse as soon as it was opened and “both ingress and egress were forcibly prevented”. In the tumult a window was broken, and Willis threatened to clear the court if a “more discreet and distinct silence were not maintained.” [5] He ordered the three bushrangers to remain in jail “until such day as His Excellency the Governor shall appoint for your execution”.

This, however, was not the end of Judge Willis’ involvement with the bushrangers. The Port Phillip Herald of 24 May carried a startling report that Ellis, Fogarty and the now-deceased Williams had planned to murder Judge Willis as he crossed the creek on the way into Melbourne, but had been dissuaded from the plan by their colleague Jepps.  News of this reached Judge Willis, possibly through petitions that were forwarded to him by three settler victims of the bushranger, each mentioning Jepps by name as instrumental in restraining his partners in crime.  No doubt relieved at his reprieve from the fate of being a kidnap hostage, Willis wrote to La Trobe, enclosing the petitions of the settlers and submitting them “for your serious consideration, and that of His Excellency the Governor.” [6]

But too late, too late – the report had gone up to Sydney and now everyone just had to wait until June when the bushranger story met its sorry end.

oldtreasury

You can see an exhibition about Victoria’s Bushrangers, including the Plenty Valley Bushrangers at the Old Treasury Building Museum in Spring Street in the city.  It’s called Wild Colonial Boys:Bushrangers in Victoria and it’s on until August. It’s closed on Saturdays, but it’s open every other day of the week between 10.00 and 4.00 and entry is free.  While you’re there, check out the terrific ‘Melbourne Foundations of a City’ exhibition and the Melbourne Panorama- a display to spend hours looking at.

 

 

Notes

[1]Willis to La Trobe 3 May 1842, PROV 19 Unit 31 Encl to 42/1163

[2] E. D. Thomson to La Trobe 16 May 1842 PROV 16 Unit 31 42/1163

[3] Port Phillip Herald 13 May 1842

[4] Especially the evidence of Dr Charles Sandford, Judge’s notes enclosed in Willis to La Trobe 3 May 1842 PROV 19 Unit 31  42/1163

[5] Port Phillip Herald 17 May 1842.

[6] Willis to La Trobe 25th May 1842 PROV 19 Unit 31 42/966 enclosure to 42/1163.

 

This Month in Port Phillip 1842: April 1842 (Part II)

Marry in haste, repent at leisure….

Assigned convicts in Port Phillip might only have had to attend one muster every New Year’s Day, but they were still convicts.  This was reinforced by the regulations involving marriage.

THE CONVICT SYSTEM — To prevent bigamy, and also to secure the government against being burdened with the support of the families of convicts, it has long been a standing ordinance of the government that no convict shall be married without leave first had and obtained from the Governor, and any evasion of this law is punishable as a misdemeanor. On Thursday last, a convict named William Beresford, who is assigned to Mr. W. H. Dutton, one of the largest importers of this detestable species of labour, was brought before the Melbourne bench, charged with offending against this law by marrying one Mary Hall, without the sanction of the Governor. The prisoner, it appeared, was married in February last, by the Rev. Mr. Forbes, of the Scots Church, to whom he represented himself as a free immigrant by the Thomas Laurie. The prisoner admitted his guilt, but alleged he had the consent of his master, who had advised him should any questions be asked, to pass himself off as a free man. Mr. Dutton when examined, admitted that he had given his consent to the marriage, but he denied altogether having advised the prisoner to deceive the clergyman. Mr. Simpson, who was on the bench, expressed in strong terms his disapprobation of the conduct of Mr. Dutton, who, as a magistrate, and for many years an assignee of convict labour, could not be ignorant of the enormity of the offence of which the prisoner was guilty. Beresford was informed that his marriage was a nullity, and sentenced to expatiate his offence by working for six months in irons. During the examination it transpired that on a previous occasion Mr. Dutton had given his assent to the marriage of another of his assigned servants named Spicer, but that worthy having been insolent to the clergyman who was to have united him to his ‘cara sposa’, the ceremony did not take place. The bench directed Mr. Dutton to bring Spicer before them forthwith that he might be dealt with also. Mr. Dutton’s conduct in this affair is altogether so inexcusable that we think the bench scarcely did their duty in failing to deprive him of the whole of his assigned servants. — Ed. P. P. P.  [Port Phillip Patriot, 11/4/42]

It was no doubt to warn young women about the dangers of hastily and ill-advised marriages to convicts-under-cover that the Port Phillip Gazette issued this warning on 20 April, directed particularly to female immigrants, new to the colony:

CAUTION TO FEMALE IMMIGRANTS.— The facilities for concealment which the free state of society in this district holds out to prisoners is often an inducement to runaway convicts to settle under the guise of emacipated or originally free characters. Bolters from Van Diemen’s Land and Sydney make their way to Port Phillip, and seduced by the means of earning an independence, are so incautious as to take up with some pursuit in towns or their vicinity, where contact with the police is certain to lead sooner or later to their detection. In some instances these men have the folly to marry, and thus entail misery and disgrace upon the unfortunate women with whom they become connected. Examples have come within our knowledge in which a “Bolter” at the time of his re-capture was to all appearance in the virtuous enjoyment of a livelihood industriously acquired and pursued. In such cases the question whether Government should not let them remain undisturbed so long as they continue good and useful members of society, has been sometimes raised, but so dangerous might the precedent prove, to the control of the convict population of neighbouring colonies that severity becomes unavoidable. Where free women have had the misfortune to be deceived into linking their fate with runaway convicts, the hardship of their position is extremely distressing, and should be a caution to them to avoid hasty marriages, and particularly with men, who, acknowledging that they have been prisoners are unable to produce their certificates of freedom. We have been led into these remarks by learning that two men are now in custody at the Eastern watch-house, one suspected to be a “bolter” from Van Die-men’s Land, the other a runaway convict from Sydney, both are married, and the unfortunate women are in great tribulation on account of the arrest of their husbands. If the suspicion be verified, the marriages are illegal, the children illegitimate, and any property acquired by their joint industry becomes forfeited to the crown. The women will be cast adrift under the stigma of having formed bad connections, and their fortunes; in all probability, will be for the future under a cloud. It is not without reason, then, that female immigrants should be careful of using the facilities which the state of society holds out to an early marriage. [PPG 20/4/42]

 

This Month in Port Phillip in 1842: April 1842 (Part 1)

On 6th April the Port Phillip Gazette published an article about the various denominations present in Melbourne at the time and their relative strength. I’ve never thought of Melbourne as being a particularly Catholic city, although even as I write this, I think of the prominence of Archbishop Mannix, and the Catholic-Protestant riots that were about to break out in Melbourne in 1843. I’ve always thought of Melbourne being more Presbyterian or Anglican, perhaps because of the more visible presence of their large city churches in Melbourne today. Nonetheless, it’s interesting that during 1842, the Catholic church was the most prominent in Melbourne with the Church of England coming a poor fifth. According to the Gazette, in order of size the churches were:

1. The Roman Catholics

The junction of Elizabeth Lonsdale Sts Melbourne

Edmund Thomas The junction of Elizabeth and Lonsdale Streets, 1853 (some ten years later). St Francis’ church is on the right hand side. Love the emu in the front garden (as if!)  Source: State Library of Victoria

http://handle.slv.vic.gov.au/10381/223224

I. — The Church of Rome, first formed under the Rev. Mr. Geogheghan, in 1839, now under the spiritual charge of the Rev. Mr. Stevens, has the largest number of communicants among the churches of Melbourne ; the attendance varies from seven hundred to a thousand souls; the permanent place of worship standing in Elizabeth street, is a neat gothic Chapel, constructed of brick; and calculated to hold a thousand sitting when completed; occasionally an assistant priest or deacon, is sent from Sydney, but no estimate has yet been allowed by Government for the stipend of a second priest.

 

2. The Wesleyan Methodists

Wesleyan Chapel with a view in Queen Street

Henry Gilbert Jones (1804-1888) Wesleyan Chapel with a View in Queen Street  Source: State Library of Victoria

http://handle.slv.vic.gov.au/10381/13069

II. — The Wesleyan Church ; the members of this society who are the followers of the celebrated divine Wesley, have fulfilled the observances of congregational meetings from the earliest times of the settlement, but were not provided, until lately, with a resident minister. The branch in Melbourne was at one time attached to the Church in Van Diemen’s Land, but has since been placed under. the charge of the Chairman in Sydney; the Rev. Mr. Orton, a Wesleyan Missionary, having resigned his duties in New South Wales, was induced to supply the urgent want of ministerial labour, but was lately relieved by the Rev. Mr. Wilkinson, appointed by the proper authorities at home ; their chapel which is situated in Collins-street, is attended by eight hundred people, and will require shortly to be enlarged to give more accommodation ; great pains have been bestowed on the vocal and instrumental music in the Wesleyan chapel and the exhortations of the minister, the prayers of the congregation, effectively blend with the innocent and harmonious attractions of the choir and organ; there are also ten local preachers attached to the congregations whose talents are a powerful aid to their spiritual ends.

3. Presbyterians

Elevation and Ground Plan of Presbyterian Church. I.e. Scots Church Collins Street Melbourne

Samuel Jackson 1807-1876, architect, Elevation and Ground Plan of Presbyterian Church (i.e. Scots Church, Collins St, Melbourne) (Technical Drawing) 1841. Source: State Library of Victoria

http://handle.slv.vic.gov.au/10381/120261

III. — The Presbyterians are a body in connection with the established Church of Scotland, the ministers of the provincial congregations acknowledging the superin- tendence of the synod of New South Wales whose place of convention is in Sydney. ‘The attendants at the Kirk in Melbourne are about equal to those of the Wesleyan body, and are under the zealous ministry of the Reverend Mr. Forbes, whose great desire has been to obtain as many assist-ants as possible for the religious instruction of the neighbouring districts; the Committee for Colonial Churches of the General Assembly in Scotland, has granted considerable assistance, by providing, no less than four ministers who are either forming congregations, or, have already received a call. The Reverend Mr. Clow, a private settler in Port Phillip, and formerly a chaplain on the East India Company’s establishment for the Kirk, in Bombay, was the earliest ministering clergyman to the Presbyterians of Melbourne, Mr. Forbes, the present incumbent, having having taken charge in 1838. This gentle man has signalised his ministry by his care for the advancement of education; and of the construction and character of the Scots’ School, we shall have much to say in the notice we shall devote hereafter, to the Schools of Melbourne; the permanent place of worship known as the Scots’ Church, is built on the Eastern Hill, or Collins-street East, and has been open for some time to congregational purposes, but is not quite finished in its interior arrangements.

4. Independents

Collins Street East from the Independent Chapel

Henry Gilbert Jones (1804 – 1888) Collins Street East from the Independent Chapel. Source: State Library of Victoria.

http://handle.slv.vic.gov.au/10381/130647

IV. — The Independents are a highly zealous and respectable body, under the ministry of the Rev. Mr. Waterfield, an amiable pastor of their church, who arrived in Melbourne in 1838, and commenced the formation of the community, over which he now exercises his professional charge ; like the clergymen of other establishments he might be a stipendiary of the Government, but in strict obedience to the principles of his church, he receives his support from the voluntary contributions of his communicants and attendants. The Independent Chapel was the first permanent place of worship completed and opened in Melbourne ; it has a facial plainness which consorts well with the neat conveniences of the interior, it is built in Collins-street, and neighbours with the Scots’ Kirk; the sittings are capable of accommodating about six hundred which nearly approaches the total muster of its congregation.

5. Church of England

St. James Cathedral

Chas.S.Bennett (1869-1930) St James Cathedral. This image was drawn in 1881 when the church was in its original location near the corner of Little Collins St and William Street. It was shifted to the corner of King and Batman Streets in 1913-14. Source: State Library of Victoria

http://handle.slv.vic.gov.au/10381/72322

The Church of St. James on the English establishment is shewing a front which no longer leaves it marked with inferiority ; the structure is as far advanced as that of the Roman Catholic Chapel, although the difference of materials and interior fittings, will place it last in the race of competition..

V. — The Church of England is the oldest in point of foundation but the last in scope of attainments ; mismanagement of its temporalities has done much to retard its growth, but later exertions have given it an impetus that will, we anticipate, insure the recovery of its proper position. For some period after the formation of the settlement, such part of the church services as may be performed by laymen were industriously discharged by Mr. James Smith, who was relieved in 1838 by the Rev. Mr. Grylls. At that time subscription lists were opened in aid of the permanent church, and other steps taken for the accommodation of the adherents. The circumstances to which we have alluded, but upon which we do not wish to expatiate, retarded the growth of the congregation and the completion of the church ; the former now consists of about four hundred members, out of a return certified by the census of two thousand in the town and its vicinity ; the latter will be a handsome stone edifice, built in a durable and costly style; when finished, which may be looked for in three or four months, the accommodation afforded will be the means, we trust, of re-uniting a community at present scattered and neglected. The Rev. Mr. Wilson, who succeeded Mr. Grylls, now translated to the incumbency of St. Phillip’s in Sydney, is about to proceed to Portland with the view of founding another church, while the Rev. Mr. Thomson remains as the minister of St. James’s, in Melbourne.

6. The others

VI. — Besides these are small bodies of Quakers, Baptists, and Jews, but whose numerical strength is as yet severally too small for the formation of a regular community. union bank.

This Month in Port Phillip 1842: March 1842

Another month-long summary, in a vain attempt to catch up. I think I’ve been too ambitious with weekly summaries and unless I find myself with too much spare time, I think my summaries will be monthly from here on.

The mad boy in the watchhouse

You’ll remember that at the end of February we left the young editor of the Port Phillip Gazette, George Arden, cooling his heels in the Eastern Watchhouse, situated on the south-west corner of what is now Exhibition Street and Little Collins Street.  He had been sentenced to twelve months jail and a £300 fine for an article he wrote criticizing Judge Willis. Perhaps a comparable analogy might be Julian Assange cooling his heels in the Ecuadorian Embasssy in London.  In both cases, the men remained highly visible, despite their incarceration, through their untrammelled access to media outlets (in Arden’s case, his own newspaper the Gazette ) and through the support of other ‘friendly’ media outlets. The Gazette made sure to publish every bit of pro-Arden and anti-Willis commentary that was written in the newspapers of adjoining colonies.

Well, Arden’s still in gaol throughout March too, but the unanimity in criticizing this trampling of the freedom of the press had broken down amongst the three newspapers in town.  The Port Phillip Gazette and the Port Phillip Herald continued to publish articles supporting Arden, while the Port Phillip Patriot, owned by John Fawkner and edited by William Kerr broke away from the other two papers and turned on Arden. Now he was “the mad boy in the Eastern Hill Watch House” who “continued to belch from the  distance upon all who have opposed his mad career, his semi-weekly collections of watch-house filth…” [PPP 7/3/42]

Reflecting this largely media-driven controversy, two opposing petitions were drawn up. The first, more properly called a ‘memorial’ was a statement of support addressed to Judge Willis, circulated and promoted by John Fawkner and the Port Phillip Patriot. According to them, it was launched on a Thursday night and quickly signed by

magistrates, clergymen, merchants, professional gentlemen and settlers from all parts of the country; the remainder comprises the great majority of the respectable shopkeepers and tradesmen in town (PPP 21/3/42)

It was presented by William Kerr to Judge Willis in his courthouse, and Willis most conveniently had an eloquent speech ready to give off the top of his head.  I must admit that I find it hard to imagine a group of people trooping into the Supreme Court today to deliver a signed statement of support from the populace- but who knows?

Meanwhile, on the other side, there was a petition being circulated by Judge Willis’ opponents, spurred by articles in the Port Phillip Gazette and Port Phillip Herald. This petition, addressed to Her Majesty was scorned by the Patriot as being a ‘hole-and-corner’ production, and in fact it was held back for months before it actually saw the light of day.

Add to this a civil case brought by Fawkner against the publisher of the Gazette for posters designating Fawkner as being under pecuniary obligation to Judge Willis [a claim, which we will see, is not as far-fetched as it might seem]. Oh happy days!

18C in 1842?

It was in the context of George Arden’s imprisonment that the Melbourne Debating Society conducted its March debate on the question “Ought there be any restriction on the publication of opinion?”. This nineteenth-century version of our 18C debate [i.e. about ‘freedom of speech’ or, as our Attorney General put it ‘the right to be a bigot’] drew on similar arguments to the ‘debate’ to which we’ve been subjected recently  [i.e. the right to free speech- although the Port Phillip arguments pertained to British rights guaranteed through the Magna Carta rather than Human Rights], and both ‘debates’ were equally rarified and self-absorbed.

Mr Smith then opened the question, referring to the benefits accompanying the investigation of public men and measures, by promulgating and analysing their probable tendency and results; he then alluded to Magna Charta [sic] in illustration of his opinions; his address insensibly fell into the unavoidable channel of the press, which he brought forward as the best and ablest corrective of public abuses (hear, hear) and deprecated the suppression of freedom of discussion and public opinion as one of the most serious invasions of constitutional right.  The press contained the greatest “expression of public opinion” and to that source, therefore, would the debate insensibly tend…. The strongest argument brought forward by the speaker was that adducable from the precedent afforded by the House of Commons, where not only the public measures and conduct of the highest officers are fearlessly canvassed, but even their private character and domestic relations aspersed. Yet there the public good promoted by the guardianship of the press, which if objectionable on one point, amply compensated by its public benefits of the other.  The speaker’s sentiments were well received and drew forth merited applause.

Actually, the question was a bit of a fizzer, because everyone agreed with the speaker and those speaking against the question “seemed little smitten with their side of the question”.   Unlike the 18C debate, the question kept coming back to freedom of the press in a political sense:

The members, as might have been anticipated, limited themselves to the sole consideration of the freedom of political discussion – one member certainly alluded to the promulgation of religious opinions, commenting on the various dangerous creeds existing in England, but like a bent bow the argument rebounded to its former political tendency.

No surprise, then, that when “at 10.30 the Chairman put the question to the vote, it was unanimously carried in the affirmative” [PPH 15/3/42]

A Day at the Races

The Port Phillip Gazette in particular was a hunting’ and racin’ paper, and so it expended many column inches to describing the March races which extended over several days. The first day seemed to be a rather rambunctious affair, exacerbated by the hot weather which in turn deterred the ‘gentle sex’ who might have been a moderating influence (or maybe not)

The first day was unhappily most ill-suited to the occasion- a hot wind set in at an early hour, and although deprived- owing to the lateness of the season, of much of the usual fierceness of our Australian Simoons [i.e. a dust-driven wind of the deserts of Arabia and North Africa], it could not but have a sensible-effect on the violent exertions of the horses, the excited motions of the men.  The heat and dust prevented the appearance of the usual number of carriages and of course of that fashionable attendance of ladies, to which we must admit the attracts of the fete owe half their grace.  At the hour for starting we may guess the numbers to have been at least three thousand, the mounted portion of which shewed appointments in horses and person of a decidedly good character.

The mounted portion, yes, but there was obviously a rabble there as well. Some of the earth-tethered individuals were soon the worse for wear and on being arrested, were tethered to a log in the sun.  Oliver Gourlay, riding past, expressed sympathy for the men shackled there, and ended up being arrested for his troubles. I’ve written about this in more detail previously. But I am interested in the sympathy that Port Phillip Gazette managed to muster for them, too (especially in the face of rather less sympathy extended to the indigenous prisoner Harlequin who was walked 153 miles while chained around the neck)

In the most public portion of that thronged area, a stake was driven into the ground, from which a bullock chain attached thereto by a ring was passed to a neighbouring tree; to this were dragged, as if with sacrificial terrors, the more unfortunate individuals who, earliest overcome with heat and exercise, were either drunk or noisy; handcuffed by the wrists, they were fastened on to the main chain and left to vent their ravings to the air under the rays of a sun, the heat of which on that that day attained the measure of 135 degrees! Picture to yourself, reader, a dozen human beings bound body and limb to a huge chain, their clothes rent, their faces begrimed with dirt and sweat, and streaked in many cases with the blood received in some previous fray- the beastly hiccoughs of intoxication mingled with the curses of brains maddened with drink and heat. The imagination can scarcely supply a more revolting scene. (PPG 5/3/42)

However, there were limits to the Gazette‘s sympathy and it recommended that the races be abolished completely unless they could be shifted to a location

[at] a distance, where the lower orders cannot so easily mix in their proceedings…. Race meetings should be encouraged, in order to encourage the breeding of horses, but if such scenes and such results destroy their advantages, LET THEM BE ABOLISHED.” [PPG 5/3/42]

People arriving: Sickness on the Beach at Pt Gellibrand

Even though  emigrant ships were flooding into Port Phillip, there was no formal quarantine station at this stage, and there would not be until the Point Nepean Quarantine Station opened in 1852.  When  the Manlius arrived on 16 February, Drs Patterson and Cussen embarked to inspect the ship, as was customary, only to find that 44 passengers had already died with fever. The surviving passengers were landed at Williams Town and taken by cart to Pt Gellibrand where they were accommodated in tents for two months [ a good report, about maritime infrastructure generally can be found here]. At first it was supposed that the disease had lost its virulence, but on 2 March, the Port Phillip Gazette reported that some previously healthy passengers had been taken ill, including the surgeon of the vessel.

A woman, otherwise in good health, left the tents to get water from the sea and was found, when her absence excited alarm, in a state of convulsion lying among the rocks. (PPG 2/3/42)

A further 17 passengers died, and were buried at Williamstown cemetery.

People leaving: Goodbye Rev Orton

In March 1842 the Wesleyan Methodists of Melbourne bade farewell to the Rev Joseph Orton when he returned to England.

Orton

https://www.wikitree.com/wiki/Orton-264

Rev Orton had been in Australia for eleven years, working in both New South Wales and Van Diemens Land. Previous to that, he had served in Jamaica in 1825, where he fell foul of the law “through the arbitrary acts of certain magistrates, who determined to uphold the slave interest, sacrificed every other feeling of duty to that end”. (PPG 9/3/42) Refusing to obey an instruction not to preach the gospel at night to his slave congregation, he was imprisoned. The imprisonment broke his health, necessitating a return to England in 1829. After recovering his strength and “full of zeal for his avocation”, he sailed to  New South Wales, where he served for three years before his appointment to Van Diemens Land.  Learning of Batman’s excursion to Port Phillip in 1835, he visited Port Phillip the following year where, aware of the numbers of indigenous people there, he applied for and received orders to select a suitable reserve for the formation of a mission station. This was at Buninyong, near Geelong. Although he became increasingly critical of the running of the mission, he was persuaded to stay in the Port Phillip District to take over ministerial duties as first resident pastor until a replacement arrived. But by March 1842, in poor health, he had received permission to return home. The Port Phillip Gazette of 2 March reported that a sit-down dinner was held at the Wesleyan Chapel in Collins Street, attended by 150 people, followed by a religious service. Rev Orton was presented with a gold watch, but because he had lost his voice, he was not able to respond to the speeches given in his honour.(PPG 2/3/42) He didn’t have long to wear it, though,  because he died on the journey home. That was not the end of the Orton family connection with Australia, however, because his widow and children returned several years later.  Alex Tyrrell, who wrote a biography of Rev Orton, has written an interesting article in the La Trobe Journal (available here)

Speaking of ships…

I’ve long been aware that the ships moored out in the bay, unable to negotiate the shallows of the Yarra. Passengers either travelled out to the ocean-going ships by steamer or else by lighters.  I must admit that my imagination quails at the idea of unloading the cargo of ocean-going ships and their passengers onto such small craft. I was interested to see this scale of fees for transport to and from ships in the bay, Williamstown and Melbourne (PPG 9/3/42)

fees

Suburban Melbourne begins

Modern Melbourne is characterized by its ‘urban sprawl’ spanning 9,900 km2 (3,800 sq mi), according to Wikipedia.  In 1842, the spread of suburbs was greeted with pride. In March 1842 the area known as ‘New Town’ was announced as Collingwood (although parts of New Town are also in Fitzroy):

COLLINGWOOD. The suburb known as New Town, is to be, as already announced, properly laid out in the divisions of a town and streets aligned in a regular plan; opportunity has been taken of this act to give it a name, which displays on the Superintendents’ choice better taste than is usually adopted in colonial nomenclature. “Collingwood” is not only good, but singular and ejects at once the former commonplace designation. [PPG 9/3/41]

Later that month, the Gazette marvelled at the ‘villages’ surrounding central Melbourne:

VILLAGES AROUND MELBOURNE. In various directions the stranger may visit villages, which like offshoots from the town are springing up the beautiful suburbs of Melbourne. The oldest and largest of these, Collingwood, which from its proximity to Melbourne was long called New Town, will shortly be erected into a township. Continuing the course of the Yarra Yarra, in the direction that Collingwood lies, east of the town, Heidelberg presents, in its romantic name, an attraction which is enhanced by its pretty natural position, its productive qualities of soil, and its unobjectionable society. Pentridge lies to the north, on the line which is marked out for the principal road to Sydney- the small farms in the neighbourhood are numerous, and fill the fertile valley of the Merri Rivulet. To the south, on the seacoast of the harbour, Brighton has been lately founded, having been laid out on a portion of the first special survey taken in the province.  For invalids requiring the benefit of sea air and bathing this spot will possess qualities superior to inland localities. [PPG 30/3/41]

Stop thief!

My word- fancy robbing the Supreme Court itself!  It appeared that more than one daring thief forced open the window of the Judge’s chamber that overlooked the court yard of the Clerk of Works’ office.  They located the iron box of the Registrar, carried it through the court hose and made their exit by the folding doors in front, the key of which was inadvertently left inside. The safe was taken to Batman’s Hill and the cash taken, but not the documents. Unfortunately for Mr Pinnock the registrar, he had to make good the loss of about sixty pounds by this nefarious transaction (I wonder when it was deemed that employees no longer had to cover the cost of robberies?)  It appeared that the robbers had searched the Judge’s desk too, a half burnt tallow candle having been left close to the place where the judge sits.  (PPG 30/3/42)

Another robbery was perhaps less carefully thought through:

CURIOUS ROBBERY. On Monday night, between seven and eight o’clock some thieves walked into Mr D’Orme’s yard, the back of which runs upon Little Flinders-street and walked off with a tub full of dirty clothes put out there to soak before undergoing the regular process of manipulation. The fellows in their eagerness to secure the booty neglected even to run off the water, but succeeded in decamping without the smallest suspicion.  This is certainly the most curious instance of covetous taste that we have yet had to notice. [PPG 30/3/42]

Bedtime reading for the littlies

The Port Phillip Gazette of 2nd March carried an advertisement for the first children’s book written in the colony.

A MOTHER’S OFFERING. A copy of a little work, the production of a lady resident in Sydney, entitled “A Mother’s Offering” and intended for the use of children, was forwarded to this office by the Seahorse. Its chief merit is that it is the first attempt to write in the colony a work for children similar to those which in England are now looked upon with so much respect, as conducive to the cause of infant education. Its contents are in the shape of dialogues, and are well and easily supported between the mother and her family of boys and girls. Some natural phenomena peculiar to the colony are explained and a lively description of several shipwrecks which have happened on the Australian coast are detailed in an interesting style.[PPG 2/3/42]

It carried an extract from the book on 12 March which you can read here.  (The whole text, should you decide to read it, is here). It’s certainly a stilted way of writing for children, and the subject matter of shipwrecks and cannibalism seems a curious choice for children for whom any journey ‘home’ inevitably involved a long sea-journey.  For an absolutely fascinating account of the writing and authoress of this book, read Kate Forsyth’s blog post  about it (yes, the author Kate Forsyth). A great story on so many levels – probably better than the book itself, I should imagine.

And the weather?

The hottest day of the month was, as you might expect, on 1st March when the thermometer reached 90 (32.2), but it stayed warm right through March with 88 (31.1) being reached in the last week as well.

As the Port Phillip Gazette reported on 30th March:

After a long “spell” of delightful weather the falling season seems to have revived for a few days, and resumed all the heat of summer. On Friday last the atmosphere attained a degree of closeness which gradually increased through Saturday, Sunday and Monday, to a height of sultriness that was hardly exceeded in January; the north wind which blew during a great part of the time was not so intensely heated as in the earlier part of the season, but was equally oppressive. As it is now upon the verge of April, it may reasonably be calculated that we have fairly bid the Summer adieu and that the heat lately suffered is but the expiring gasp of his hot, unwelcome breath.

 

This Month in Port Phillip 1842: February 1842

The year is getting away from me and I’m so behind that I’m going to write just the one entry for February.

George Arden gets into trouble again.

George Arden, the young editor of the Port Phillip Gazette had a particularly ‘troubled’ relationship with the resident Judge, John Walpole Willis. You might remember that in September 1841 Arden had been ‘bound over’ against adverse comments about the judge prompted by a letter that he published signed ‘Scrutator’. Arden was required to stump up £400 in recognizances (i.e. a type of good-behaviour bond). Then Governor Gipps arrived in town, and as bonhomie spread throughout the town, Willis released Arden from his recognizances once Arden made a public apology.

But now it all flared up again when Arden published another very critical article, prompted by Willis’ commentary from the bench in a civil case involving the editor of the Port Phillip Herald and his solicitors. I’m finding myself thinking of Trump’s attacks on the press in recent weeks, and although I wouldn’t want to push the analogy too far, there are some parallels. Here we have a powerful judicial and (although he wasn’t supposed to be) political figure, determined to get the press under control.  However, we’re also talking about a colonial town, with an absent governor, no representative political bodies, and without a tradition of satire or a strong philosophical commitment to ‘freedom of the press’.  Nonetheless, following the analogy as far as it can take it, the Port Phillip Gazette and the Port Phillip Herald generally supported each other (and perhaps gave each other more overt support than segments of the U.S. media are giving each other today), while the Port Phillip Patriot generally remained strong in its support for Willis (the FOX news of Port Phillip, so to speak). So when Willis savaged George Cavanagh the editor of the Port Phillip Herald in court, George Arden’s editorial next day described Willis as an ‘infuriate’, suggesting that he was not of ‘blameless life and irreproachable character’ and there was crime past and present:

crime in married life and in single- of crime in office and at home- of prejudice, passion and pride… of violence of language, of bitterness of expression, and of thoughtlessness of carriage (PPG 12/02/41)

Not surprisingly, Arden found himself before Judge Willis again and was sentenced to twelve months gaol, a £300 fine and imprisonment until the fine was paid.  As a 21st century tweet might say: “Bad!”

Arden was well-connected within the networks of Port Phillip public life. Not only did he have his newspaper to report on his progress in jail and agitate for him during his imprisonment, but groups like the Debating Society signed a ‘testimonial of respect’ in Arden’s favour. An announcement was made at the theatre (especially as Arden was supposed to star in an upcoming play!); people talked on the streets.  A judge sentencing an editor for a newspaper column about himself was not a good look. And this time, all three papers were united in their condemnation, and even the Port Phillip Patriot, which usually leaned towards the judge lent its support in a letter signed by ‘Junius’ (a commonly used pen-name when criticizing the judiciary- a long story) even though it took pains to state that it was only printing it “to afford the utmost facility to free discussion”. (PPP 24/2/42)

Botanical Gardens….but not as we know them

. The government authorized Mr Hoddle to mark off as a reserve about 50 acres at Batman’s Hill for botanical gardens. The area was bounded by Little Collins to the north, the Yarra to the south, the east at the fence of the premises currently used as a survey office, and the west by the abrupt declivity into the swamp. It encompassed the whole of the hill and garden recently in possession by Mr Baxter. The land was set aside, but no one appointed to lay out the gardens, and nothing much was done with the site.

Not only was there to be a botanical garden on Batman’s Hill, but there was talk that La Trobe had plans for Batman’s cottage too, which he’d taken over as his own office  shared with the sub-treasurer.  It was rumoured that he wanted to turn it into a Colonial Museum and Library. That didn’t happen either.  It could have been quite a promising spot really. Batman’s Hill was later bulldozed for the Spencer Street (Southern Cross) railyard, but when the gradient was still there, it would have overlooked the water down where Docklands is today.

Dudding the wet-nurse

I’ve been interested in looking for hints about women’s experience of childbirth and motherhood in the Port Phillip newspapers. It is no surprise that these male-dominated papers are largely silent on the matter. But here’s an exception.

Elsewhere in my blog I wrote about Mrs McDonald, who gave birth to triplets on 30 December at the Crown Hotel, having had twins 18 months earlier.  Five under 18 months!! I wondered in that posting what happened to Mr and Mrs McDonald and the five little McDonalds, and here they are on 2 February back in the news!

A Wet Nurse, — On Wednesday a most respectable female, named Quigly, brought before the Police Bench a Mr. M’Donald, whose wife, it may he remembered, brought forth three children at one birth, at the Crown Inn, Lonsdale-street, on a demand of wages due for her services in attending his lady as a wet nurse. Mrs. Quigly had been engaged, it appears, for the sum of forty guineas. On the expiration of some weeks Mrs. M’Donald thought fit to discharge her; when she applied to Mr. M’Donald for payment of her wages, he told her to ” Be off” she went accordingly and summoned Mr. M’D., whose only defence was, that he did every thing in his power to persuade Mrs. Quigly to return, whose services were still urgently wanted, but that she refused. Mrs. Quigly said that although she had only agreed to nurse one child, yet she suckled two of the little strangers, from a wish to relieve the  mother. The Bench, after expressing their astonishment at the conduct of Mr. M’D., intimated their regret that Mrs. Quigly had not sued in the Supreme Court, when assuredly she would have recovered the forty guineas, which were justly her due. Mr. M’Donald was ordered to pay the sum sued for without delay. (PPG 2/2/42)

Public works

There was a flurry of public works activity during the early months of 1842, largely as a way of mopping-up all the emigrants who continued to flow into Port Phillip.  Although the emigration scheme was supposed to be self-funding, once the tap had been turned on, it was not easy to turn it off and those ships just kept arriving. Despite government squeamishness at public works (even then being strongly into entrepreneurialism and privatization), something had to be done with these displaced, unemployed new arrivals. As a new settlement, there was plenty to be done to ensure that the water supply was protected from sea-water contamination. A decent road was needed to facilitate easy travel from the beach to the town, and they needed a better wharf to unload goods that had been transported up the Yarra.  The gaol mentioned is the first section of what is now Old Melbourne Jail; Queen’s Wharf was at the end of King Street; the breakwater was level with Market Street and separated the salt and fresh water; the road was (I assume) City Rd  crossing the river at what was to become Princes Bridge, heading towards Bay Street Brighton.

Public Works. — The commencement of the year 1842 sees several fine and useful public undertakings progressing with ordinary despatch. The New Gaol built on the hill on the northern boundary of the town, near Latrobe-street, is in the course of erection of the most durable material, and of a size and convenience that will amply meet the wants of the district. The building at present used for the purposes of a gaol will be converted into a watch-house for the Western division. There will then be the central one near the General Market, another on the Eastern-hill, and a third at the opposite extreme. New Town will, we presume, now that the act for the alignment of streets has been extended to that suburb, be provided with a constabulary establishment and lock-up. The Queen’s Wharf enclosing the north bank of the Yarra Yarra, and extending from the head of the basin to the Steam Navigation Company’s Yard, is nearly complete; it is constructed with piles driven a considerable depth under water, and faced towards the river with pine hoarding. A platform of hardwood, placed on blocks level with the heads of the piles, and covered with hard woodplanks, affords, what was long wanted, a convenience for landing and keeping dry the cargoes discharging from the river. If we understand rightly, the space of ground stretching behind the wharf will be levelled up and metalled for the traffic of drays to the foot of the Custom-House door. The pier or breakwater is another most useful work, and is designed to form a barrier between the salt tides and the fresh water in the bed of the river; it is now being carried across the stream at the head of the basin on the north bank to the ferry house on the opposite side or south bank. When finished, the sea tide will be prevented mingling with the river water above, and the element will thus be kept pure for the consumption of the town’s inhabitants. The road to the beach has been lately marked out, and large gangs of immigrant labourers are employed in its construction; it will ultimately, we believe, be made a street, as the land on each side will be sold in building lots ; it will be, when complete, a safe and easy mode of conveyance or passage from the town to the beach, and will form the best mode of communication with the shipping. It will start from the south bank at the point where the government bridge across the Yarra Yarra is to be erected, and following a straight line to the lagoon near the sea, will diverge to avoid the impediment, and come out on the hill to the east of Liardet’s Hotel, where several parties have been accustomed to make their summer residences.

Eat your veggies…

As I write this is March 2017, our own garden here in Melbourne in 2017 is yielding cherry tomatoes by the bucketload, and it has bestowed a bounty of cucumbers and peaches upon us. Of course, with cold storage we can have any fruit or vegetable we want at any time of year, depending on how much we want to pay for it.  But in 1842, what was available in the market?

MarketvegsFeb1842

The Debating Society

You’ll remember that on 2o January two indigenous prisoners, Tunnerminnerwait and Maulboyheener were executed. A fortnight later the Debating Society chose a very topical theme when they debated the amenability of indigeous prisoners to British law.  I’ve copied the whole report of the debate, which was dominated by two Reverends and Mr Smith. This, of course, is a debate performance, where the speakers do not necessarily need to believe what they are arguing. Nonetheless, I think that it’s interesting that, intellectually at least, people could argue that indigenous people had been dispossessed and had justification for resistance.

Debating Society.— According to previous notification the proposition involving the propriety of holding the aboriginal inhabitants of New Holland amenable to the same laws which govern the white population, was opened by Mr. Smith in the affirmative. The British laws had been pronounced by the most able commentator upon the jurisprudence of Great Britain as the “pe fection of reason,” an assertion which their various excellencies strongly merited : applicable to all sorts and conditions of men, justice was denied by them to none ; impartial in their administration, the poor equally with the rich derived a reciprocal benefit, and whilst the innocent were protected the guilty rarely escaped from punishment. Such being the nature and benefits derived by Britons from the exercise of those salutary regulations, it was perfectly consistent with justice and polity, that Europeans should introduce their observance along with their habits and customs, and that they should apply their enforcement towards the aboriginal inhabitants of any portion of the Globe, where the British standard had been planted and possession taken in the name of the Sovereign power. Here the speaker entered into a dissertation respecting the right of nations to found colonies, and seize upon the uninhabited territory of weaker powers, justifying the exercise of such right, by reference to national laws, divine permission, and imperative necessity, and in conclusion adverted to the present condition of the aboriginal population of this Island — their savage state, ignorance and ferocity, showed the absolute necessity of restraining their passions by punishment, and that, consequently, unless the British possessors of this colony, could revert to the state of barbarism in which the natives were now placed and could adopt those laws which were in use amongst them, they must in order to prevent aggressions hold the black offenders amenable to the British laws. In reference to the case of the two blacks who lately suffered the extreme penalty of the law, the speaker maintained that they richly deserved the punishment inflicted, and that, the power of recommending mitigation of punishment being vested in the hands of the presiding Judge, had the least doubt been entertained of the propriety of the sentence, their punishment would have been commuted.

The Rev. Mr. Forbes, in reply, could not refrain from an expression of dissent from the sentiments promulgated by Mr. Smith, he could not understand the propriety or justice of holding a savage amenable to a law which he could not understand ; first make him acquainted with the law before punishing him for breaking it. The natives of this colony, (the Rev. gentleman said,) looked upon the white population as intruders — in former times every aboriginal family possessed a certain portion of land which he considered his own, and which at stated periods he visited for the purpose of hunting — this inheritance descended from father to son, and continued as an heir loom to succeeding generations. The usurpation of the white man had, however, materially affected the happiness of the native, who, driven by force from his domestic enjoyments, brooded over the injuries which be had received and upon every fitting opportunity availed himself to wreak his vengeance upon the aggressors. Thus was the aborigine justified in resorting to means whereby he satisfied his vengeance at the expense of the oppressor, and nurturing within his savage breast, a remembrance of inflicted wrongs, sought to obtain satisfaction by wreaking his passions upon every European who came within his reach.The Rev. gentleman then explained his views regarding the treatment which an enlightened policy dictated, and expressed a confident hope that the time would soon arrive when the moral condition of the black would be greatly benefitted and improved.

The Rev. T. H. Osborne followed on the same side, expressing his pleasure at finding the society taking an interest in questions, which in his opinion were of the greatest importance ; he in common with the last speaker could not agree in the inference which Mr. Smith had drawn from his arguments ; no British law had as yet been framed, but, to use a homely simile, a coach and six could be driven through it, education must precede coercion, and until the native became instructed, it must be unjust to punish him with that severity which was used to European offenders ; until, therefore, some scheme was devised in order to ameliorate the condition of the aborigine, or by a wise and prudent application of the land fund, an adequate sum was devoted to their support, he could never be brought to sanction their being held amenable to the British laws. The gentleman concluded his very able address, by declaring that, in his opinion, if laws were necessary, our present system must be greatly modified and improved ere it could be made applicable to the circumstances of the New Hollanders.

It being past ten o’clock, Mr. Smith was called upon by the president to reply. The sentiments (he said ) expressed by Mr Forbes did credit to both his head and his heart ; but unfortunately they were impracticable to carry out, Ignorance was no excuse. Let man be ever so degraded, he must know that when guilty of theft, or murder, he was committing an offence which deserved punishment. It was absurd to suppose that he (Mr. Smith) meant to hold the aborigine amenable to the moral or civil law, it was only in cases of wanton aggression that he advocated punishment; kindness and conciliation had signally failed in inducing the savage to respect the rights of the white man, forcibly illustrated by the two men lately executed, and also by the fact that firmness and severity were more efficient protection than indiscriminate indulgence. Government had done all in their power to ameliorate the condition of the native tribes, reserves had been allotted, missionaries sent amongst them, protectors appointed, food, clothing, &c. supplied; but all had been found useless in inducing them to abandon their erratic mode of living, or to prevent their committing outrages upon the British settler, consequently it was consistent with justice and policy to hold them amenable to the laws. The society then divided, when the question was decided in the negative. The question for next evening’s discussion is — Are literary and scientific pursuits suited to the female character. The honourable Mr. Murray opens and is to be responded to by the Rev T.H. Osborne — the Rev. Mr. Forbes supports the proposer, and will he answered by Mr. Smith. An animated debate is expected. A Stimulant for Eloquence. [PPP 3/2/42]

How’s the weather?

I haven’t been able to find the monthly compilation for February in the Government Gazette, which is where it was normally published some two months or so after the event. I’ve only been able to find a weather report in the Port Phillip Patriot of 21 February which recorded between 13-19 February. It was pretty mild, with a top temperature of 76 (24.4) and a low overnight of 50 (10 C).

The Port Phillip Gazette said of the weather (and this doesn’t seem to tally well with the Patriot’s temperature readings):

The Weather has latterly been subjected to those violent changes of temperature which usually mark the height of the summer. On the whole, the season has been far less oppressive than that of last year, but still sufficiently hot to convince the new comer that he is in a new country, bordering on a tropical climate. The state ‘ of the river, the reservoir, from which the inhabitants of the town are supplied with water for consumption, has, with the exception of a few days, been uninfluenced by the sea water, which usually at this time of the year is forced up the bed of the stream, and imparts an unwholesome brackish taste to the river water. So mild have the few last weeks proved that people began to reckon upon the summer having past, when the wind suddenly re-visited them from the interior, and during three days drove them into the coolest recesses of their houses, there to feed on hope and lemonade. (PPG 19/2/41)

 

 

 

This Week in Port Phillip 1842: 24-31 January

Oh dear, I have fallen so behind with my weekly reviews of Melbourne 175 years ago! However, I am comforted by the knowledge that old news is old news, and it doesn’t really matter if it’s 175 years and 5 weeks instead of 175 years exactly.  Nonetheless, I’ll sit down soon and condense the whole of February 1842 into one posting, before March gets away from me.  But first, I’ll finish off January 1842, cobbled together from my incomplete jottings.

Aborigines

After the tumult surrounding the execution of Tunnerminnerwait and Maulboyheener during the preceding week, there were a few somewhat positive stories about Aborigines in the newspapers in the week immediately following.  This was unusual. On 25th January the Port Phillip Herald corrected the report from another of the Port Phillip newspapers that natives on Mr Bathe’s run at Westernport had fired four acres of barley.  Instead, the Herald reported, the ‘blacks’ had tried to extinguish the fire, and their ‘chief’, Gellibrand, had conducted himself in “the most praiseworthy manner”. (PPH 25/1/42)

Then, in the following issue was a report of the drowning death of an aboriginal man who, it would seem, was engaged in salvage work near the wreck of the William Salthouse, which had sunk the previous November near Point Nepean.

LOSS OF LIFE. Sunday last. Two aborigines, known as Jem and Pigeon volunteered to dive to recover a barrel of tar which had fallen overboard from the cutter Diana which was lying alongside the wreck of the William Salthouse. Jem dived several times but was unsuccessful; Pigeon followed him example but never rose to the surface. (PPH 28/1/42)

However, these glimpses of Aborigines working within the settler economy are leavened by a report about the Assistant Protector, Charles Sievwright, and his charges.

THE BLACKS AND THEIR PROTECTOR. Mr Seivwright has left the neighbourhood of Lake Killembeet, and pitched his camp on or near a splendid run belonging to Mr Cox, at Mount Rouse. We wish the settlers in that quarter joy of their new neighbour.  Before Mr Seivwright left Killembeet, the blacks under his charge paid a farewell visit to the flocks of Mr Thomson, and drove off one hundred and fifty sheep,the remains of which were found in the direction of Mr Seivwright’s.  A number of cattle, the property of Mr Ewen,in the same neighbourhood, were also speared.  The Corio, Colac and other blacks have had a regular fight with the Westward blacks; one woman got killed, the westward blacks were beaten. (PPP 27/1/42)

Draining the swamp…

The Flinders Street swamp, that is, not Washington. It wasn’t actually a swamp as such, although there were plenty of those in the immediate vicinity of Melbourne.  No, this was instead a boggy patch between the new Queens Wharf roughly at the end of King Street today and the customs house, which was on the allocated customs reserve, the site of the present day Immigration Museum (which is housed in the third Customs House built on the reserve).

 THE QUEEN’S WHARF. The wood work of the Queen’s Wharf is going rapidly forward, and if persevered in with the same spirit that has marked its progress hitherto, will be close upon completion in the course of five or six weeks from this date.  The style of workmanship, as well as the rapidity with which the work has progressed, so different from the dilly-dallying mode in which the public works of the province have heretofore been carried on, is highly creditable to Mr Beaver the contractor,  who certainly has spared no pains to turn his work out in a workman-like manner. There are no symptoms yet, however, of a commencement being made towards draining off and filling up the swamp between the wharf and the custom house, and as that is likely to prove a work of some duration, we are desirous of seeing government embark in it as early as is practicable, that the improvements on the wharf may be made available at once. (PPP 24/1/42)

The same issue of the Patriot reported a bushfire further down along the Yarra (towards the Bay), reminding us that although the grid of Melbourne and the brickfields opposite may have been denuded of trees for fuel and building, the bush wasn’t far away:

 BUSH FIRE. On Thursday last some person or persons not having the fear of Lord John Russell before their eyes, set fire to the bush on the south side of the Yarra Yarra, immediately opposite the long reach. The wind being high the flames raged furiously for some hours and would doubtless have completely extirpated the withered grass to which his lordship has taken such a fancy, together with the scraggy looking tea trees which adorn the riverbank in that particular locality, had not the rain which set in during the night put a stop to its progress. (PPP 24/1/42)

Temperance meeting

The dominance of hotels in Melbourne, the male-dominated immigrant population and the scarcity and insecurity of housing made Port Phillip a fertile field for temperance campaigners.  The Port Phillip Temperance Society, founded by Quakers James Backhouse and George Washington Walker, had been in operation since 1837.  However, the issue of whether ‘temperance’ meant ‘just a little’ or ‘total abstinence’ was a lively one, as seen in a Temperance Society meeting held in late January in the Scots School Hall and chaired by Superintendent La Trobe (thereby ensuring that it was a thoroughly respectable occasion).  The Patriot had a long report on it, no doubt reflecting the enthusiasm of the Patriot’s editor, William Kerr, who was mentioned by name for signing the pledge.  It seems that there were more speakers for temperance than abstinence- or perhaps the reporter just presented it that way:

Temperance Meeting.- A numerous and respectable meeting of the members of the Temperance Society took place in the Scots School on Tuesday evening ; His Honor C. J. La Trobe, Esq., in the chair. The business of the meeting commenced at 8 o’clock, and the Rev. W. P. Crook spoke at great length in favor of Temperance, adducing instances of families being saved by its healing influence from destruction. The Rev. gentleman also spoke of the success which had attended the Sydney Temperance Society, and stated that he was the first person who there signed the pledge, the second being Mr. Kerr of this office. A gentleman present spoke of the advantages of temperance. Mr Wade, whose speeches in behalf of total abstinence at recent temperance meetings have acquired for him the name of the Teetotal Champion, made a lengthy and able speech, in which he endeavoured to prove the superiority of the total abstinence principle to that of moderation, quoting largely from eminent writers on the subject. Mr. J. A. Smith, the next speaker, argued in behalf of temperance and against total abstinence, endeavouring to base his arguments on Holy Writ. Mr. Davies also spoke in behalf of temperance, and against total abstinence, and, to prove that the latter was injurious to the human constitution, quoted a written medical opinion purposely obtained by him from an eminent practitioner resident in Melbourne. The Hon. J. E. Murray then addressed the meeting; he congratulated the Society upon having their chief magistrate as their chairman, and also upon the support afforded by the attendance of the Rev Mr. Crook, who, he was happy to find, had lost none of that energy which distinguished him throughout his career in the South Sea Islands. Mr. Murray related a number of interesting anecdotes respecting the Irish peasantry, illustrative of the great benefit conferred upon them by the exertions of Father Mathew. The meeting was then addressed by Mr. Rogers in behalf of total abstinence. Dr. Wilmot advocated the cause of temperance, but said he was averse to teetotalism ; he also expressed his concurrence with the greater portion of the medical opinion quoted by Mr. Davies. At ten ‘o’clock, after thanks had been voted to His Honor for his presidency on the occasion, and a collection had been made, the meeting broke up, all present being highly pleased at the proceedings of the evening. [A pressure of other and more important matters precludes our giving more than the above synopsis of the proceedings of this meeting.]

How’s the weather?

A fairly typical summer pattern, with a high for the week of 95 degrees (35 C) on 24 January, then cooler. Once again, the nights were cool.  25th Jan: High 74 (23.3) Low 53 (11.7); 26 Jan High 72 (22) Low 49 (9.4C- that’s pretty cold for January); 27 January High 66 (18.9C) Low 53 (11.7); 28 January 65 (18.3C) Low 54 (12.2), 29 January High 65 (18.3C) and Low 51 (10.6).

This Week in Port Phillip 1842: 16-23 January 1842

This entry contains a lengthy description of the execution of two indigenous prisoners

I’m rather embarrassed that I’ve fallen behind with my weekly summaries of what happened in Port Phillip at this time in 1842.  Largely it was because I’m aware that during the week 16-23 January the first executions in Port Phillip took place after being heard in Justice John Walpole Willis’ courtroom, and I want to write about them in some detail even though I have written about them before here and here. Somehow my desire to do the event justice has meant that I haven’t done it at all.

Tunnerminnerwait (also called ‘Jack’) and Maulboyheener (called ‘Bob’), whose exploits were being reported in my weekly round-ups in during November  (see here and here)  and December 1841 (see here and here), were hanged on 20 January in front of a crowd estimated to number 5000.  This first execution – significant not only because it was the first, but also because it involved indigenous prisoners- was reported in minute detail in the three Port Phillip newspapers. It was, as the Port Phillip Herald  proclaimed “one of the most important events which has yet taken place in our province”.  And so, this week in Port Phillip concerns only the execution.

It’s important to remember that writing about an execution follows a well-honed path. (In fact, much of the reporting of Andrew Chan and Myuran Sukumaran’s executions in Bali in April 2015 followed much the same structure). There are reports about the days leading up to the execution with particular emphasis on the night before; measurements of prayers offered up and food ingested; a report of the morning of execution day; the journey to the execution place; the execution itself, then the disposal of the bodies.

The days preceding and the  night before

The prisoners throughout the time which elapsed between trial and punishment, were lodged in the gaol at the west end of Melbourne, and from the day that their fate was ratified by the Governor, and made public in the province, were visited by several of the curious, besides most of the protectors, the Wesleyan missionaries, and the ministers of all denominations in Melbourne. (Port Phillip Gazette 22 Jan 1842)

There was particular interest in the prisoners’ appetites. A prisoner who displayed a hearty appetite was seen to be insufficiently penitential:

[Bob] slept soundly each night previously to his execution. On Wednesday evening he silently but impatiently rejected the food placed before him, and neglected to smoke, a practice in which both he and his companion had been allowed to indulge since their incarceration. Jack… sustained the most perfect indifference to the last moment; he has slept soundly and long ever since his imprisonment and been apparently in good spirits. On the night preceding his execution he eat [sic] plentifully, consuming half a loaf and three panikins of tea, repeatedly talking and laughing; he then enjoyed his pipe with the most perfect indifference, which, after having used for some time, he offered to Bob, this the latter rejected by waving his hand impatiently, and turning from his companion who only laughed and coolly replaced his pipe in his own mouth. (Port Phillip Herald 21 Jan 1842)

Because British Law and ‘ Divine Justice’ were intertwined, it was important that execution be seen to have a religious element lest it be merely revenge.  The men were attended by the Anglican minister, Reverend Thomson.

When the Rev. Mr Thomson visited and remained with them the greater art of the night, Jack assumed a more serious demeanour, and both the prisoners listened attentively, particularly Bob, to the prayer of the worth clergyman. Bob appeared much affected by the remarks and admonitions of Mr Thomson, frequently sobbing and moaning loudly, and expressing his conviction that he should suffer Divine Wrath for the murder he had committed.  Jack was apparently attentive, but evinced no signs of agitation. (PPH 21/1/42)

It is important to note that  Maulboyheener (Bob) was perceived to be the more penitent prisoner, while Tunnerminnerwait (Jack) was seen as the ringleader whose insouciance threatened to make a mockery of the whole procedure.

Bob was lively, pliable, and capable of affection, Jack was sullen, but daring, the latter was the leader in all the depredations that closed in their ignominious death; the former revolted at the crimes committed, but was compelled to submit: Bob had imbibed clearer ideas of religion, and was affected at the last by the terrors of his situation. Jack was evidently sceptical of the simplest truths of Christianity, and doggedly retained his firmness to the moment of death. (PPG 22/1/42)

Moreover,

On Wednesday night, that preceding the execution, the prisoners presented the greatest contrast in their demeanour; Bob was dejected; Jack thoroughly indifferent. The former made at this time a most important confession; it was to the effect, that he took no part in the murder, until threatened by Jack who placed & loaded musket to his head when commanding him to fire on one of the whalers-; even then, however, he would have refused had not the women bidden him remember the murder of their relatives at Port Arthur in Van Diemen’s Land by the white people, and, thus incited him to a revenge which all considered justifiable. (PPG 22/1/42)

The morning of the execution

It’s just as well that they slept soundly in the nights leading up to their execution, because Rev. Thomson surely stayed around for a long time- until 2.00 A.M.!- on the evening before:

After the Reverend Gentleman left them (about 2 o’clock in the morning), the prisoners slept for two hours. At half past 4 or 5 o’clock their breakfast was prepared and handed to them, which was heartily partaken of by Jack, who eat about three pounds of bread, and drunk two panikins of tea; Bob declined eating anything, and when pressed, only drank a little tea.  Jack here, as before mentioned, lighted his pipe and smoked for some time, after which the prisoners were washed, shaved and dressed; their gaol clothes were replaced by clean trowsers, shirts and stockings, during which preparations he seemed perfectly unconcerned and even gay; he laughed heartily when his attendant was assisting him to put on the stockings, and expressed his unconcern at his approaching fate, saying that after his death he would join his father in Van Diemen’s Land and hunt kangaroo; he also said that he had three heads, one for the scaffold, one for the grave and one for V. D. Land; his companion remained totally silent during these arrangements. (PPH 21/1/42)

Then followed another religious ceremony, attended this time by the rest of the prisoners of the gaol.

At seven o’clock the Sheriff, the Rev Mr. Thomson, and several of the Magistrates visited the gaol, when Mr Wintle the gaoler, immediately summoned all there inhabitants thereon to attend divine service in the yard of that building, after which, about 10 minutes to 8 o’clock a covered cart, with two grey horses, was drawn up to the gaol door, and the prisoners having shaken hands with Mr Wintle, walked quietly into the vehicle, which effectually screened them from observation. (PPH 21/1/42)

 

The prisoners were in a travelling van belonging to Mr. Robinson, and in which, concealed from public gaze, they were drawn from the goal to the place of execution ; the van was a small carriage frame, drawn by two horses and covered in with painted cloth stretched round on poles fastened to the the corners of the frame ; they were preceded and guarded by a body of mounted and border policemen, and were accompanied on the way through Lonsdale-street by several hundreds of people, who joined and merged with the dense mass round the gallows. The Sheriff, the Governor, and other officers of the goal, the chaplain, and chief constable, came up at the same time; and superintended the dreadful preparations. (PPG 22/1/42)

The scene at the gallows

At an early hour on Thursday morning, myriads of men, women and even children were to be seen wending their way in the direction of the new gaol on the eastern hill, in the rear of which a temporary gallows had been erected for the execution of the Van Diemen’s Land aborigines Bob and Jack, convicted of murder at the late criminal session of the Supreme Court, all apparently anxious to gratify that feeling of morbid curiosity which renders an execution a treat to the lower orders of the British. (Port Phillip Patriot 24/1/42)

 

From the earliest hour of the morning crowds of people began to gather round the gaol and to take up what they considered the most favourable situations for viewing the spectacle. At the commencement, and throughout the scene, the greatest levity was betrayed, and the women, who made by far the greatest proportion, had dressed themselves for the occasion. The side end walls of the gaol which were nearest the gallows were crowded with human beings; the trees in the vicinity had their inmates, and by eight o’clock the assembly numbered upwards of three thousand souls. Between eight and nine accessions to the crowd of spectators were momentarily received, and the most disgusting spirit betrayed in scrambling for places ; several even jumped upon the coffins, which stood at the font of the gibbet, in their eagerness-to watch any movement connected with the event. (PPG 22/1/42)

 

The concourse of people here assembled amounted to between 4 and 5,000, the greater proportion of whom were women and children, and, from the laughing and merry faces, which were assembled (assisted by the appearance of several horsemen, and some in topboots,) the scene resembled more the appearance of a race-course than a scene of death.  The walls and body of the new gaol were literally packed with spectators, as anxiously awaiting the awful scene about to be enacted, as if it were a bull-bait or prize ring. (PPH 21/1/42)

The crowds were so thick that Captain Beers had to clear the way:

The hour fixed upon for the spectacle was eight o’clock, and a little be-fore that time Captain Beers, with a detachment of the military, made his appearance on the spot and soon succeeded in clearing a passage at the point of the bayonet for the cavalcade which was seen approaching. (PPP 24/1/42)

The execution

On their arrival at the foot of the gallows the prisoners were removed from the van and directed to kneel while the Rev. Mr. Thomson read prayers, which done, their arms were pinioned and they were conducted to the scaffold, to which they were with difficulty got up owing to the steepness of the ladder and their being unable to use their hands. The gallows was formed of two upright posts about twenty feet in height with a cross beam at the top to which the ropes were attached; the scaffold was formed of a plank two feet wide fastened to the gallows at the one end by a hinge, and supported at the other by a prop which being pulled away let fall the drop. (PPP 24/1/42)

 

On the arrival of the van, two constables stepped up to hand the prisoners out, and the start back which Bob gave showed the terror inflicted by the sight of the unexpected populace; he came out, however immediately, after trembling violently, followed by Jack, calm and imperturbable to the end. It was gratifying to see the universal kindness with which they were treated, soothed by every one round, and tenderly handled even by the executioner. On coming out of the van, their arms were tied behind them slightly, and prayers commenced by the minister in attendance. Bob’s agitation increased with every passing moment, and his moans were terrible to bear. They knelt together with the clergyman, while he prayed joining at intervals in a few words which they understood. On rising again Bob’s feelings broke out in the most heartrending groans ; the terrified and piteous looks he threw around him, pressing against everyone that spoke to him as if to catch at some chance of salvation, was terrible to witness ; he trembled violently, while, the sweat burst from his face in the agony of his sufferings. At length every thing was completed, their arms were securely bandaged, and they were directed to mount the scaffold. (PPG 22/1/42)

I don’t want to go into as much detail as the newspapers did, but Maulboyheener (Bob) was extremely distressed, while Tunnerminnerwait continued to be impassive. However, the Gazette did note:

It was at this time that Jack, who was already standing in his appointed place, and whose eyes had been left uncovered at his own request to the latest moment, might have been seen fixing his eyes on some native blacks, who had taken their stations in the branches of a tree close to the gallows, to witness a sight to them so novel and impressive; it was the only sign of interest or anxiety he had expressed during the occurrences of the morning…(PPG 22/1/42)

I wonder who these ‘native blacks’ were. As Tasmanians, Tunnerminnerwait and Maulboyheener were outsiders to the Port Phillip indigenous tribes as well. What was their relationship with the other tribal groupings in the district? I don’t know.

When the drop finally fell Jack’s sufferings were almost instantaneously at an end, but Bob struggled convulsively for several moments before death came to his relief, owing to the partial displacement of tho noose, and his fall being broken by the bungling manner in which the scaffold was struck away. (PPP 24/1/41)

The burial

The bodies were allowed to hang the usual time (one hour), and on being cut down were placed in shells provided for that purpose and interred outside the new burial ground. Thus ended the short career of two young and able bodied men, who in the course of six weeks Committed several extensive burglaries, and wantonly fired at and wounded four (two dangerously) white men, who had never given them cause for offence, besides murdering the two sailors at Port Fairy, for which they suffered.  May their fate have a beneficial effect upon the Aborigines of the province. (PPH 21/1/42)

Editorial opinion at the time

The Port Phillip Herald which carried the longest report of the execution also published a lengthy editorial. Although expressing a degree of sympathy for Bob in particular, it declared

Of the justness of the sentence, and of the policy of its enforcement, there cannot rest a doubt on the minds of those who have attended to the whole circumstances of the case.

It warned that

It is possible, but we consider extremely improbable, that the aborigines will attempt to revenge the act, and, goaded on by the dark and untutored passions of their nature, take summary vengeance upon the white population…

But this danger had to be weighed against

…the absolute certainty that had a milder punishment been inflicted, the colonists would have declared – and declared with truth, that there was in this colony one law for the black and another for the white man … the white population would take upon  themselves to obtain, directly and immediately, that justice which they had seen instructed by precedent they could not secure at the hand of the Government; and would not the result be, that instead of two murderers having suffered the extreme penalty of the law which justice awarded to their crimes, hundreds would fall before the incensed settlers, whose sole defence lay in themselves.  Open warfare would result….  [PPH 21/1/42)

Port Phillip prided itself on its ‘civilization’. It’s in reading such editorials that you realize just how fragile that ‘civilization’ was. ‘Retribution’ and ‘dispersal’ were open secrets.

How’s the weather?

The top temperature for the week was 80 (26.7) with light airs and fresh breezes. Fine agreeable weather, but frequently cloudy.  And somehow it seems fitting that on the 20th, the day of the execution, it rained.