The Court at Bunyip is established.
Victoria Government Gazette, February 22, 1905, p. 834.
The first sitting of the Bunyip Court was held on Wednesday, March 15, 1905. The South Bourke and Mornington Journal reported -
As reported in my last, a court of petty sessions was held in Kraft's Hall on Wednesday, March 15. Naturally, being the first, some little speechifying was looked forward to, which however did not come off. Mr. Cresswell, P. M.,(3) and Messrs. Ramage and a'Beckett. J's.P., occupied the bench. Only two cases were listed. Myrtle Morris was charged by Constable J. Ryan with having no visible means of support, and was remanded to Prahran for further hearing.
John Mannix, aged twelve, was charged with endangering the property of R.McAllister by setting fire to some scrub whereby a quantity of grass and fencing was destroyed. After hearing the evidence the Bench stated its unwillingness to record a sentence, and on the father entering into a recognaissance for the boy's future good behaviour, the case was dismissed. (4)
This article shows how the legal system has changed, for better or worse depending on your view point, as a 12 year old would never have his name mentioned in relation to a legal trial today (if it even made it to Court)
In another case, heard on March 16, 1910 before Presiding Magistrate Harris (5) and Justices of the Peace, A’Beckett and Pearson, George Nicklen, a farmer of Iona was charged with inflicting grievous bodily harm on his 15 year old niece, Elizabeth Bidwell. This report was in the South Bourke and Mornington Journal -
In another case, heard on March 16, 1910 before Presiding Magistrate Harris (5) and Justices of the Peace, A’Beckett and Pearson, George Nicklen, a farmer of Iona was charged with inflicting grievous bodily harm on his 15 year old niece, Elizabeth Bidwell. This report was in the South Bourke and Mornington Journal -
Evidence was given by Mesdames Gully and Robinson two neighbours, that Nicklen was in the habit of beating the girl unmercifully, and the case had been brought under the notice of the Society for the Prevention of Cruelty to Children.
Dr. Withington said he had examined the girl, who was covered with welts and bruises. She had apparently been subjected to a severe handling. Lizzie Bidwell, the girl in question, said her uncle, Nicklen, had chained her to her bed for days at a time, and on one occasion threatened to hang her with a rope. She was compelled to run away to Mrs. Gully's place, and that lady took her to the doctor. Nicklen denied giving the girl more than she needed. He was fined £10, with £3/5 costs, or three months in gaol. (6)
Ironically, on the same day the Court fined a man £8.00 for stealing four heifers or three months in gaol, if he didn’t pay. I don’t know what happened to poor Lizzie Bidwell but it’s sad to think that the Court valued her suffering at about the same rate as the theft of four cows.
Parents who did not send their children to school often faced court, here are two cases -
In August 1910 Constable Ryan proceeded against J. Mannix for neglecting to send his child to school the required time. The constable stated that the teacher's report was that the child had played the truant. There were two charges against defendant The P.M. warned parents against future occurrences, as the new Act empowers the Court to deal with children by sending them to a reformatory or other suitable place. A fine of 5/ was imposed in each case. (7)
March 1914, Frank Gallagher was charged with neglecting to send his child to school -
Constable Anstee said the boy in question had not attended school from 7th Nov. till January, and had evidently been kept at home to weed onions. The police magistrate said the case was a bad one, and defendant would be fined 5/- or three days. (8)
The Bunyip Free Press of January 15, 1914 reported that the court was crowded when four charges of sly grog selling were launched against an aged Assyrian with the very Anglicised name of John Ellis. Ellis was represented by Mr M. Davine and had brought his own interpreter as he didn’t speak English. A Revenue Detective, Joseph Blake, had been working undercover in the area and he had visited Ellis on a number of occasions as Ellis had a little shop, at Iona, with general stock; Ellis also did hair cutting. Blake alleged that Ellis sold him alcohol, Ellis denied this. Patrick McGrath, who leased the house to Ellis and had known him for nine years, called Ellis one of the best and straightest men on the Swamp. Mr Davine presented evidence that Joseph Blake was a professional liar and an informer. In the end, the case was dismissed with the payment of costs; the Presiding Magistrate said we will give Ellis the benefit of the doubt if he will pay costs. The costs were just over £17.00 but were reduced to £15.00 after some haggling; a report a few months later said the costs had been paid and the case was withdrawn. (9)
Mr. W. W. Harris, P.M., presided at a special sitting of the Bunyip court yesterday to hear a charge of attempted murder which was preferred against a Syrian named John Ellis. The evidence of two young immigrants named Cyril and Frank Borwick showed that Ellis brought a revolver from Melbourne with him on 30th March. He was drunk, and told them he intended to shoot Constable Anstee. During the night Ellis consumed about half a bottle of whisky, and the brothers alleged that Ellis fired at both of them whilst they were asleep in bed. Cyril was shot in the hand, and Frank was shot in the left cheek. Accused was committed for trial in Melbourne. (10)
Ellis' trial was held in May 1916 and at the sentencing, Mr Justice Cussen, was reported as saying -
said prisoner appeared almost to have been temporarily insane owing to certain charges made against him which he said were false. At the same time prisoner ought to consider himself lucky that he was not standing in the dock on a capital charge. Sentence, two years' imprisonment. (11)
Another case involving a revenue officer was this gambling case from Garfield, heard in July 1914.
Bunyip - A young man named Frederick Carpenter in January last was convicted of conducting a common gaming house, at Garfield, and was mulcted in fines and costs totalling £15. The alternative of two months imprisonment was also imposed, but as Carpenter, who is an ex-jockey and a cripple, promised not to offend again, time to pay the fine was given him. That time was extended, but the fine was not paid. To-day Carpenter was ordered to pay £18 11/2 (fines and costs imposed previously), and was also fined an extra £10, in default two months' imprisonment, for failing to comply with the previous order of the court. Carpenter fainted in court when the decision was given, and lay across the barristers' table, but was carried out bodily by two constables and the revenue officer. The P.M. remarked that it was more "drink" than "faint." (12) I had never come across the term mulcted before, but have discovered that a mulct is a fine.
In March 1915 a case concerning Cora Lynn farmer, John Rutter was heard at Bunyip and was reported in The Age and picked up by some rural newspapers -
A case of great importance to farmers was heard by Mr. W. W. Harris, P.M., at Bunyip police court, when a Cora Lynn farmer named John Rutter was proceeded against by Constable Anstee for having failed to produce a book showing the records of cattle slaughtered by him. The charge was laid under section 32 of the Butchers and Abattoirs Act. Superintendent Fowler, who conducted the prosecution, stated that on 24th February Constable Anstee and Thomas Garrett, an inspector of Berwick shire council, visited defendant's farm. Rutter told them he kept a book containing his general business transactions, but refused to let either Anstee or Garrett see it.
For the defence Mr. Dunn contended that no offence had been proved. Every farmer was allowed to slaughter one beast weekly for his own use. Mr. Harris, P.M.: But he is not allowed to sell portion, and he must keep a book. Mr. Dunn contended that it would prove a great hardship to farmers if they were deprived from killing one beast a week for their own use. If a conviction was recorded it would probably open up many legal points. Mr. Harris, P.M., reserved his decision. (13)
Mr Harris made his decision a month later, and this was also reported in The Age -
The police magistrate held that where a wrong construction was placed on the wording of the Government Act injustice should not be meted out to any defendant. He therefore dismissed the case without costs. Some months ago two young farmers were fined at the same court for slaughtering several calves on their farms and sending them to market for sale. Since then farmers have been afraid to kill beasts for fear of a prosecution. The decision given on Wednesday will relieve them of much anxiety. (14) The two young farmers referred to were Victor Little and Thomas McGuire who were found guilty of slaughtering without a license in October 1913, see here.The sitting times for Courts were set by the Government, and they were on occasions altered, with the new hours published in the Government Gazette, but it did appear to sit weekly on a Wednesday from 1911 (15)
Sitting times in 1911
Victoria Government Gazette, November 15, 1911, p. 5528
Sitting times from January 5, 1938
Victoria Government Gazette, November 24, 1937, p. 3852
The newspaper reports of Court cases at Bunyip show that the Bench dealt with the whole range of legal matters including murder, theft, assault, arson, traffic matters, incest, debts, using bad language and having no visible means of support. I presume that the Court met at the Bunyip Hall, so I would be interested to know if that was the case.
The Bunyip Court officially closed on May 1, 1981. The announcement in the Victoria Government Gazette stated that the books and other records of the said Court and of the Clerk thereof be delivered to the Clerk of the Magistrate’s Court at Warragul. (14)
Closure of the Bunyip Court
Victoria Government Gazette, April 15, 1981, p. 1207.
Having said that, last case I could find in the newspapers concerning a hearing at the Bunyip Court was from May 1953 when the Dandenong Journal reported that Berwick and Cranbourne Shire rate payers will be pleased at the success Health Inspector K. N. McLennan is having in his war against roadside rubbish dumpers. Mr McLennan successfully prosecuted at the Bunyip Court, J. Lyon, grocer, of Boronia, fined £3, with £3/6/6 costs, for depositing rubbish on the Princes Highway near Tynong. He also had four cases at the Pakenham Court. (17) The same paper noted in August 1953 that Mr Tom Drake was the chairman of the local Bench at the Bunyip Court. He had been appointed as a Magistrate on November 8, 1949. (18)
Tom Drake appointed as a Magistrate to the Bunyip Court
Victoria Government Gazette, November 16, 1949, p. 6120.
(1) Victoria Government Gazette, February 22, 1905, p. 834. https://gazette.slv.vic.gov.au/images/1905/V/general/24.pdf
(2) Nest, Denise Bunyip Mechanics' Institute 1906-2006: a place of learning and entertainment (The Author, 2006)
(3) Charles Alfred Costley Cresswell - Traralgon Record, March 17, 1908 see here.
(4) South Bourke and Mornington Journal, March 22, 1905, see here.
(5) Walter William Harris - West Gippsland Gazette, June 6, 1916, see here.
(6) South Bourke and Mornington Journal, March 23, 1910, see here.
(7) South Bourke and Mornington Journal, August 17, 1910, see here.
(8) Bunyip Free Press, March 12, 1914, see here.
(10) The Age, April 27, 1916, see here.
(11) The Age, May 27, 1916, see here.
(12) The Age, July 16, 1914, see here.
(13) The Age, March 16, 1915, see here.
(14) The Age, April 16, 1915, see here.
(15) Victoria Government Gazette, November 15, 1911, p. 5528
https://gazette.slv.vic.gov.au/images/1911/V/general/171.pdf
https://gazette.slv.vic.gov.au/images/1911/V/general/171.pdf
Victoria Government Gazette, November 24, 1937, p. 3852
https://gazette.slv.vic.gov.au/images/1937/V/general/328.pdf
https://gazette.slv.vic.gov.au/images/1937/V/general/328.pdf
(16) Victoria Government Gazette, April 15, 1981, p. 1207. https://gazette.slv.vic.gov.au/images/1981/V/general/33.pdf
(17) Dandenong Journal, May 6, 1953, see here.
(18) Dandenong Journal, August 26, 1953, see here; Victoria Government Gazette, November 16, 1949, p. 6120. https://gazette.slv.vic.gov.au/images/1949/V/general/901.pdf
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