The Resident Judge of Port Phillip

Hot air in winter!

Presbyterian School House (Scots School House) by Joseph Burns. It was erected at the north-west corner of Collins and Russell Street by December 1839 and used for services until Scots Church was built. It was for some time the only building available for public meetings, like this first meeting of the Debating Society.  It was demolished in 1870. Source: State Library of Victoria

On 13 October a meeting was held in the Scots School House to discuss the transformation of the Debating Society, which had previously been meeting in private homes, into a larger and  more substantial organization. In Sydney, the Debating Society was a branch of the Mechanics’ Institute, and had use of their lecture room and library.  Although there was a nascent Mechanics’ Institute in Melbourne,”their temporary committee room is too circumscribed to afford accommodation for the debates being held therein; the use of the books in the library is the utmost that could be offered, and this, no doubt, would be cheerfully conceded.” (PPG  13/10/41)  As a result, the Melbourne Debating Society decided to open itself up to the public as an independent organization.

Mr John Stephen was called to the chair, and the rules were discussed. There was some controversy over the rule which prohibited reference to scripture in the elucidation of argument, but Mr Darling, who proposed the original rule was sticking by it.  Then Rev James Forbes, the Presbyterian minister (in whose rooms they were meeting, after all) said that religious controversy should always be avoided in a Debating Society, but that he didn’t disapprove of referring to scripture in support or confirmation of an historical fact. He then proposed an amendment that quotations from scripture should be excluded in the debate (i.e. reference was allowable, but quotation was not). His motion was carried. A great number of people enrolled their names as members.(PPG 16/10/41)

On 20 October the first public debate was held, again at the Scots School House.  There were twenty members present, plus visitors. The question for debate was  “Did the motives which incited Brutus and his associates in the assassination of Julius Caesar originate in patriotic desire or personal feeling”? Quite frankly, I wouldn’t know where to start. Neither, it seems did the good men of Port Phillip, in the opinion of the writer from the Port Phillip Gazette:

One thing was evident; that neither of the parties, pro or con had sufficiently studied the question, as to bring the points which most materially bore upon the subject in aid for its elucidation. This system should not be permitted to obtain, if the society is to prosper. [PPG 23/10/41]

Oh well, better luck next Wednesday, when the topic was: “Whether America or any other nation is likely ultimately to supplant Great Britain”?

I’ve written more about the Debating Society here.

It’s ball time again

You might remember the fuss about the Private Assembly Ball back in June. Well, another Private Subscription Ball was planned for October and, according to the Port Phillip Gazette, it all went very well:

PRIVATE ASSEMBLIES. The first ball of the season took place last night at the Freemasons’ Lodge-Room in the Exchange Hotel.  The attendance was numerous, considering the unsettled state of the weather, and the arrangements made reflected the greatest praise upon the stewards of the evening. The ball room was most tastefully decorated, under the supervision of Mr Buckingham. The refreshments were of the first-rate description. Quadrilles, waltzes and Gallapades divided the entertainments into their due proportions, to which the exertions of the orchestra contributed the full share of mirth and activity.  The supper room was ornamented with flags of various descriptions. Altogether the entertainment appeared to afford ample satisfaction to all parties; and the tout-ensembled afforded a gratifying specimen of colonial gaiety, with cannot be too often [applauded?] [PPG 23/10/41]

The drapers of Melbourne took advantage of ball season and the upcoming visit of Governor Gipps to spruik their wares:

ADVERTISEMENT- THE GOVERNORS VISIT.  The proposed Visit of the Governor, accompanied as he will be by his Lady, will cause a degree of gaity in the Provice which has seldom before occurred.  With the Governor’s visit a series of BALLS, ROUTES AND SOIREES &C will follow in its train, and Melbourne will be for the period of their stay relieved from its usual monotony.  The ladies of Melbourne will of course be prominent in their display of FASHIONALE [sic] TASTE for which they are so much admired, and which upon this occasion they will doubtless show to the best advantage, proving alike to Sir George as to Lady Gipps, that the ladies of Port Phillip can justly appreciate the beauty of British Manufacture.  Cashmore & Co desire to encourage this amiable emulation on the part of the ladies of Port Phillip, have obtained, and they will open this morning A CASE OF FANCY GOODS which are expressly provided for this enlivening occasion.  Early application is necessary, as this is the only case they have of those articles [PPG 20/10/41]

Michael Cashmore, photographed by T. F. Chuck in 1872. Cashmore’s store on the corner of Collins and Elizabeth Streets was very well known. Source: State Library of Victoria

As it turned out, Lady Gipps didn’t accompany Sir George, so all that competition to impress was rather wasted.

Infanticide

A Coroners Inquest into infanticide held during this week provides an insight into the jobs and living conditions of  the servant class in Melbourne, and most particularly those of recently-arrived immigrant women from Ireland.

A baby was found in a cesspit servicing three separate houses in Little Flinders Street. Joseph Stewart, an” eating house manager” said that he had two female lodgers in his house, but they were married people and their husbands resided with them. Neither had been ill and nor had any alteration taken place in them since residing there. He had had a female servant who left last Sunday, discharged for disobedience of orders in going to chapel without permission:

…she passed as a single woman, and went by the name of Catherine, she was a stout woman and had very good health; she is as stout now as ever was; she lived with witness for about two months and a half; think she took up her residence in the back yard after she left.

The District Constable reported that the woman, Catherine Rigney had left Stewart’s house immediately after she heard of the cesspool being empties and had run away, taking a portion of her clothes and saying that she would be back for the others.  She was called to the stand and said

I am a servant and arrived on the 16^th July in the Royal Saxon; I went to live with Stewart the latter end of that month; he discharged me on Sunday because I went to mass without asking his permission.

Her former shipmate Catherine Banquo took the stand; said that they had travelled out from Cork together and that there was no alteration in Catherine Rigney since she first knew her. She was a servant to Mr Robson, of the London Inn and Catherine had called on her and said that her master had discharged her because she went to mass; she slept that night with her, she seemed a little distressed in being out of a situation.

Dr Cussen, who conducted a post-mortem, testified that it was a full-term baby. The jury after a short consultation returned a verdict of ‘Wilful murder of the child, by some party or parties unknown’.

But then, some hours after the inquest, a woman known by the name of Bridget (Biddy) Lapping,who had resided in Stewart’s house for two months before being turned out for drunkenness,  informed that Stewart had, a day or two previously, taken an infant and a bag of wool “removed from a mattress, for reasons which delicacy forbids us to mention” and thrown them into the privy at the rear of his house.  Stewart was arrested and taken to the watchhouse [PPG 20/10/41]

The following morning when he was brought before the police court, she said that she had not the slightest recollection of making any statement, and if she did so it must have been under a state of intoxication.  She said that she knew nothing whatever of a child being put into a bag containing some hair and being thrown into the cesspit. But several witnesses said that she had said so.

There is one circumstance which must strike everyone who has taken the most cursory glance at what transpired relative to the case… it is clear that the woman stated she saw Stewart put the child into a bag containing some hair, and she then enquired of Clifford (who was employed to clean out the place), which he found first, “the hair or the child?” Clifford said “the hair”. It is an extraordinary circumstance that nothing relative to the hair came out in evidence at the inquest; therefore, unless the woman was well acquainted with the facts, she must have arrived at the circumstance of the hair being with the child, by intuition. Not the slightest clue has been obtained of the mother of the child, which is somewhat extraordinary.  The man Stewart, of course, in consequence of the gross prevarication of the woman, has been discharged.  The woman Lapping turns out to be a prisoner of the Crown and according to her own showing, has been living a life of gross infamy.  The Bench have turned her into government and ordered her to jail. [PPG 23/10/41]

The mother of the child was never identified.

And the weather?

Between the 15th and 21 October there were fresh breezes, strong winds and gales- it certainly sounds like our changeable spring weather!  There was fine weather up until 19th; the 20th was the hottest day at 82 degrees (27.7) before rain on 20th and 21st.  Certainly Georgiana McCrae was enjoying the weather, noting the thermometer at 82 on 16th “a delightful day”.  On 20th she noted “Another delicious day. I feel all alive!” and recorded 84 degrees on her thermometer on 21st. The lowest temperature was 41 (5 celsius).

‘Scrutator’ fall-out

One of the problems of writing a libelous letter against the only Judge in town is that, when you’re hauled over the coals for it, it will be before that very same Judge. So 21-year-old George Arden was to learn, after publishing the Scrutator letter in the Port Phillip Gazette. At the next sitting of the court, the Crown Prosecutor made an application grounded on an affidavit made out by the Acting Crown Solicitor against George Arden for “false, scandalous and malicious libel, reflecting on the administration of justice and upon His Honor [Judge Willis] personally”.  Willis made a long speech in his own defence, then, after quite properly declaring his unwillingness to act as a judge on his own case, turned proceedings over to the Police Magistrate Major St John and three other magistrates on the bench: Powlett, Verner and Lyon Campbell.  The personalities of these magistrates is important:  William Verner and James Lyon Campbell were strong supporters of Willis and his neighbours in Heidelberg. They announced that Arden should be bound over with recognizances of 400 pounds and two sureties of 200 pounds each (in effect, a form of good-behaviour bond) and attend the Police Court the next day.

Arden fronted up as required at the Police Court on Saturday morning, where Major St John was joined by a different group of magistrates: McCrae and Were.  Now these magistrates were no friends of Willis’, each coming into conflict with him in their own right.  In Willis’ absence, they decided that it was not necessary to enforce the order (a rather ‘brave’ decision, one would think, given Willis’ combativeness).  On hearing of this decision, Willis immediately launched an appeal which was heard in Quarter Sessions on the following Monday before the same magistrates as on Saturday, but this time they were joined by six other magistrates of the district, including Powlett, Verner, Lyon Campbell.  After much discussion, they re-affirmed the order about recognizances.

The three newspapers devoted columns and columns to these events, framing it as a liberty of the press issue which, indeed it was.  All three were scathing of Willis’ actions, with even the pro-Willis Port Phillip Patriot under the proprietorship of John Fawkner declaring that Willis should “resign the office of Resident Judge into the hands of one or other of his brethren on the bench” (PPP 7/10/41).

As it turned out, Arden was released from his recognizances a month later amongst all the bonhomie surrounding the visit of Governor Gipps- but, oops!- that hasn’t happened yet. But rest assured, this matter isn’t going to go away, and we’ll revisit it in February next year.

St Francis’ Catholic Church

On 4th October 1841 Fr. Geoghegan laid the foundation stone for St Francis’ Church which still stands on the corner of Lonsdale and Elizabeth Street, looking much as it did in the 1840s.

St Francis Church 1845 from stone by Thomas Ham. Source: State Library of Victoria

The major denominations were hard at work in these early years of the 1840s building their first permanent churches to replace the rather makeshift structures had had been quickly erected as the population of Melbourne began to boom.  There was nothing that Melburnians liked so much as a good ceremony (in fact, that’s still true) and the Masons were usually on hand to make an occasion of it.  But not so when it was a Catholic chapel, notwithstanding the general co-operation between the denominations at this stage.

On Monday last the foundation stone of the new Catholic Church was laid by the Rev. Mr Geoghegan on the ground set apart for that purpose in Lonsdale-street, and upon a portion of which the temporary edifice at present stands.  In consequence of the reverend gentleman being a member of the order of St Francis, the church was dedicated to that saint.  It was contemplated that the Masonic body should have proceeded in due form, and assisted in the ceremony; but the opinions of others being at variance with this suggestion, it was dropped to prevent a schism. About £200 was collected on the ground.  The following inscriptions upon parchment were deposited, along with some coins, in the foundation stone:

PPG 6 October 1841

The Port Phillip Herald, which gave more attention to news of the Catholic church than the other two papers, carried a full report of the ceremony and the addresses given in its 12 October issue.  The crowd, it seems, was smaller than might have been hoped:

The day was unfavourable, being tempestuous and showery, besides many of the congregation and persons of other religious persuasion were prevented attending by reason of occupation at either of the two Courts which were then adjudicating [on the Arden case above!] nevertheless a considerable assemblage was present at the sacred ceremony.[ PPH 12/10/41]

Fr. Geoghegan finished his oration praising the ecumenical spirit that generally existed in these early Melbourne years (the absence of the Masons notwithstanding). I’ve often wondered if it was the arrival of the bishops that hardened the sectarian lines in Port Phillip society, or did it just reflect the increasing size and complexity of a town outgrowing its frontier status?

Thanks to God we live in a country of liberty where it is the recognized right of everyone to worship God according to his conscience: Australia Felix! a country happy and true to its name, where we can appeal even to our Dissenting brethren to defend us from an encroachment on our religious freedom as if it were their own [PPH 12/10/41]

Unfortunately it seems that the coins did not stay for long in the foundation stone. On the 7th October the Port Phillip Patriot carried this report:

SACRILEGE. On Monday night last some paltry ruffians removed the foundation stone of the new Roman Catholic Chapel, which had been laid during the day, and carried away the bottle containing the inscription and the different specimens of the coins of the realm, which were deposited in the stone.  The whole value of the property stolen is not more than thirty shillings and to accomplish this notable feat there must have been at least six thieves employed, the dimensions of the stone being such as to preclude the likelihood of a smaller number being able to accomplish the theft without the aid of machinery.

How’s the weather?

Light winds 1st and 2nd, gale on 3rd, afterwards fresh and strong winds; weather damp and cloudy until 4th, afterwards bright and clear.  Top temperature 74 (23.3C), lowest 41 (5.0C) and the coldest day of the month was on 5th October.