Mr. Catani, having retired front the Public Works Department has been appointed a Justice of the Peace, and took his seat on the St. Kilda Bench for the first time on Tuesday. He was cordially welcomed by the chairman (Cr. Love (2)), who spoke of the splendid work of beautification which Mr. Catani had carried out on the St. Kilda foreshore. He congratulated Mr. Catani on his appointment as a Justice of the Peace and wished him a happy and useful future career in St. Kilda. Lieut.-Colonel Crouch (3), solicitor, said he had the extreme pleasure of knowing Mr. Catani's late son, Lieutenant Catani. The Assistant Clerk of Court (Captain Elspery), and he had served with him in the trenches at Gallipoli for some time. Such a noble son must have had a good father. St. Kilda Bench would be strengthened by the presence of Mr. Catani, J.P.
Captain Elspery (4), court clerk, also tendered congratulations to Mr. Catani. As to his son (Captain Catani), he had met him at the front, and could bear testimony to his high qualities as a soldier and a man. Sub-Inspector McKenna also tendered congratulations.
Mr. Catani, J.P., speaking in words of emotion, said it was a comfort for him to know that his son had died for liberty and righteousness.
Photo of Carlo Catani published in Punch along with other members of the
Honorary Justices' Association of Victoria.
Punch, June 20 1918 https://trove.nla.gov.au/newspaper/article/130036362
This post looks at some of the cases dealt with by Carlo and his fellow J.P.'s on the the St Kilda Bench, but before we do this we will look at the actual building where the cases were heard. The Court building that was in use in Carlo's time was on the corner of Grey and Barkly Streets, in the old 1860 Town Hall building. The Chronicle reported on this building in February 1892 -
The new court room for St Kilda, formerly the old Town Hall, has now been completely transformed for use as a court room. The room is the largest in the colony except the Supreme courts, being 55 by 35 feet, and is a noble and spacious apartment for the purpose. Lighted as it is at both ends, it is bright and airy, and affords ample room tor commodious arrangements. A long bench for the magistrates runs along one side, with the prisoners' dock at one end, and the witness box at the other. The solicitor's table stretches down the centre, and a seat the whole length of the room should afford ample room for witnesses and persons having business at the court. The walls and ceiling are handsomely panelled in neutral tints, and the room as a whole is unexceptionable in all its appointment (5).
A new Court house in Chapel street opened in 1930 (6) and the old building was demolished in 1933 and as The Age reported in October 1933 - the first of three blocks of flats will shortly be erected on the site of the old St. Kilda court house. Of triangular formation, the land has a frontage of 50 feet to Barkly-street, 180 feet to Grey-street and 100 feet along the dividing line of existing properties (7).
The St Kilda Town Hall, c. 1860s/1870s. Photographer: Donald McDonald.
The St Kilda Council sat for the first time in this building on January 4, 1860. The Town Hall section, with the portico and colonnade, is the front section of the building. The original Court House is the section in front of the bluestone Police Station.
In 1892, the Court House moved into the refurbished old Town Hall section of the building (8).
State Library of Victoria Image H87.91/11
On his first sitting, Carlo heard the case of Giacomo Rando who was charged with having, on April 21, acted contrary to the regulations made by the Board of Public Health, under the Health Acts (for securing cleanliness and freedom from contamination of articles of food), to wit, bananas and apples, by storing them in places where things were kept which were likely to contaminate such articles of food or injuriously affect their wholesomeness or cleanliness (9). Carlo could speak to the defendant in Italian as the Prahran Chronicle reported - the Defendant (in his native tongue) was asked by Mr. Catani, J.P., as to whether there was a child's cot near the fruit and defendant replied that he did not know whether there was or not. The Court found that apples were stored in the bathroom covered with old bags and rags and a case of bananas were covered with rags. Mr Rando was found guilty and fined £3 (10).
The following week they heard a speeding case and these cases came before the Court on a regular basis - Dr Ernest Greenwood was charged with driving a motor car at speed dangerous to the public. He was found guilty and fined £2 (11). In another case, Miss Kathleen Braithwaite was charged and found guilty of driving 28 miles an hour in High Street. She was also fined £2 (12). It wasn't just car owners charged with speeding, motor cyclists also appeared before the Bench on a regular basis. A more unusual charge of speeding was heard at Carlo's second appearance on the Bench - Charles Fewster and Leslie Westwood were charged on the information of Constable Rice with furiously riding ponies along the Lower Esplanade on May 6. Defendants stated that the ponies took fright at the band, and as they were fresh they got beyond control. A fine of 20/- was imposed, in default seven days (13).
We know that Carlo was very involved in establishing gardens all throughout Victoria and in those days theft from public gardens was taken very seriously. This report of a case heard before Carlo is from the Prahran Chronicle of May 26, 1917 (14) -
Arthur Kirk was charged by Sergeant Kennedy, under By-law 8 (15) of the City of St. Kilda, with having plucked a flower in Blessington-street gardens. James Robarts stated that on April 29 he was on duty in the gardens, and saw defendant pluck two roses. Plain Clothes Constable Hall stated that he was keeping watch, and saw defendant pluck a red rose and put it in his pocket. He also plucked a second one. When spoken to defendant said he did not think he was doing any harm.
Defendant: I did pluck one flower. I don't think there were two.
The Chairman: The witnesses say there were.
Defendant: I feel my position keenly. I am very fond of flowers.
Captain Wills, J.P. (16): Why didn't you put the rose in your coat?
Defendant: It was very cold at the time...
Captain Wills: Flowers won't keep you warm.
The Bench said they were sorry to see defendant place himself in such a position.
A fine of 10/- was imposed, with 8/6 costs.
There were, of course, many other theft cases including this one concerning a theft from Luna Park in June 1917 -
George Shaddock was charged with having stolen 250 yards of copper wire, valued at £25, the property of the Luna Park Proprietary Limited. It was stated in evidence that Shaddock had charge of the key to Luna Park. When questioned by the police, Shaddock admitted having stolen two lots of copper wire, which he sold to a dealer named Johnson for £5/13/-. Shaddock for whom Mr. H. Barrett appeared, pleaded guilty, and his counsel stated that the man had acted under the influence of a master mind.
A sentence of three months' imprisonment, with hard labor, was imposed.
John Johnson was then charged with having received the copper wire, knowing it to have been stolen. Shaddock, the accused in the previous case, said he had told Johnson that the wire was "under the lap," meaning that it had been stolen. Johnson denied having purchased any wire from Shaddock, and said Shaddock had a grudge against him. He was committed for trial (17).
There were other men who appeared before the St Kilda Bench under the influence, but of alcohol. The charges were drunkedness, often coupled with using offensive language. There were also charges of illegal detention - one case in August 1917 involved furniture. Ethel Kemp had engaged Henry Ford to cart her furniture to the wharf so it could be shipped to Sydney. The furniture wasn't delivered to the wharf and nor would he hand the furniture back to Miss Kemp. In the end, Ethel was told she must pay Henry 35 shillings when the furniture arrived at the wharf, but he had to pay 21 shillings in Court costs (18)
Another case involving illegal detention concerned a dog, an Australian fox terrier. This case was reported in The Argus in July 1917-
Women Dog-owners in Court. Pointed comments from the bench.
At the St. Kilda Court yesterday, before Messrs. Love (chairman), Captain Wills, and Messrs Smithwick (19) Catani, Hartley (20), Curtis (21), and Mitchell (22), J.P's - Idalia May Seaberg (23) of Mary street, charged W.G.R. Sprod (24) of York Street, with having illegally detained an Australian fox-terrier dog, value 12/6. Mr. Hoare appeared for complainant, and Mr. O'Dwyer for defendant.
Complainant stated that she bought the dog in dispute at the South Melbourne Market for 12/6 in May last. She dyed some white marks on its body. Subsequently Mrs Sprod, supported by members of her household, claimed the dog as hers. On the advice of Constable Davidson, and for the sake of peace, she (complainant) handed the door over to the Sprods, and Mrs. Sprod, for her part, promised to restore the dog when, after the dye stains had disappeared, she found it did not belong to her. Further evidence was given on both sides, and three dogs were in court as "exhibits'' in the case, two of them alleged to be the mother and sister of the dog in dispute. The defence was an emphatic denial that the dog in dispute belonged to the complainant.
The Bench ordered defendant to restore the dog to complainant, or to pay its value, 12/6, whereupon Mr O'Dwyer handed over the money on his client 's behalf and retained the dog. The Chairman speaking with warmth, said that it was a standing disgrace to see women showing such great interest in mongrel dogs. If they could not have children of their own to care for they should get somebody else's.
As the parties to the case were read in the court a scrimmage occurred owing to complainant making a fruitless endeavour to obtain possession of the dog. The Chairman reminded complainant think it was her duty to abide by the decision of the Court. (25).
Interesting and insensitive comment on the part of the Chairman, Cr Love, about the women, at the time of the trial Mrs Seaberg was 34 and Mrs Sprod was 44 years old.
We will finish off with an assault case reported in the Prahran Chronicle in October 1917, where the Chairman, Mr Smithwick, also made an interesting comment -
Charge of Assault. Man's strange act.
At the St. Kilda Court on Tuesday, before Messrs Smithwick (chairman), Catani, Mitchell, Rowan (26), Hartley, Curtis, and Captain Wills, J's P., a man named Wm. Cherry was charged with having unlawfully assaulted Marie Allen, employed in the household of Brigadier-General Hughes (27), of Kantaka, Alma road. Sub-Inspector Harley conducted the prosecution.
Marie Allen, the complainant in the case, had the bridge of her nose and the region of the left eye dressed in plaster. She said - About a quarter to 12 on Friday night last I was returning home along Alma road, and when near the house I saw the accused coming from the opposite direction. He stopped me and said, "I know you." I said, "Oh, do you? Let me pass." He then tried to take my bag from me but I prevented him. He threw his arms round me, and bit my face. I screamed, and accused ran away. I was afterwards taken to Dr Davenport's surgery for treatment. I am quite positive that accused is the
man who assaulted me.
Accused - Was I in any way under the influence of liquor?-- don't know, because you caught me so suddenly.
In answer to the Bench, complainant said she had never seen accused before in her life.
Dr A. F. Davenport said the complainant had a lacerated wound over the left eye, in addition to other marks. The wound was caused presumably by a full set of teeth in the lower jaw and two stumps in the upper jaw He had examined the accused's teeth, and considered that they were consistent with having caused the wound described. Constable A. Gamble stated that he saw accused in High street at 2 o'clock on Saturday morning. Asked what he was doing out at that hour, accused said he was waiting for a friend. Accused had a bruise on his cheek, which he said was a "secret affair." Witness arrested accused on a charge of drunkenness.
Plain Clothes Constable Hall said that accused told him he had been walking about during the night, but did not know where he had been.
Accused said - I do not deny that I had a few drinks during the day. Wherever I have been I have never known myself to be objectionable to women and children. I hold them in the utmost respect. I never knew that I could be guilty of such an offence. I have a wife and three children. I do my best for them. I greatly regret that I have to answer a charge of this kind. Although the evidence seems black against me, I cannot see how I could stoop to do such a despicable thing as that with which I am charged.
The chairman informed accused that he was liable to six months' imprisonment. He had committed the act of a cannibal. Accused was sentenced to three months' imprisonment, with hard labor and ordered to pay £2/2/ costs (28).
As the Prahran Telegraph reported in their obituary of Carlo Catani, who died on July 20, 1918 that he was occupying his accustomed seat as honorary magistrate on the bench a the the St. Kilda court only two or three weeks since (29).
Trove List - I have created a list of articles connected to Carlo's time on the St bench, access it here.
Footnotes
(1) Prahran Chronicle, May 19, 1917, see here.
(2) Cr Love - John Jeremiah Love. St Kilda Councillor 1911 to 1917 and Mayor of St Kilda 1915/1916. Died 1937, aged 69. You can read his obituary, here. I have a bit of an interest in Church Architecture and Cr Love's son Allan was an architect with the firm of Scarborough, Robertson and Love and they designed, amongst other buildings, the Presbyterian Church in Elwood which opened in 1939, which I have written about, here.
(3) Lieutenant Colonel Crouch - Richard Armstrong Crouch (1868-1949) - read his Australian Dictionary of Biography entry, here.
(4) Captain Elspery - surname is actually Elsbury. This is James Ross Elsbury, he enlisted in AIF in January 1915, fought at Gallipoli, and was discharged on medical grounds - neurasthenia - in March 1916. His occupation was a Civil servant. In the 1917 Electoral Roll he was at 'Erinvale' St Kilda Road, Melbourne. He had married in December 23, 1916 to Eileen Reilly, but the marriage ended in divorce in April 1920 - due to constructive desertion - petitioner had to leave respondent on account of medical reasons, for which he was responsible. Seems a bit sad really. Marriage and divorce reports from Shepparton Advertiser, February 1, 1917, see here and The Age, April 14, 1920, see here.
(5) The Chronicle, February 20, 1892, see here.
(6) Prahran Telegraph, January 24, 1930, see here.
(7) The Age, October 10, 1933, see here.
(8) Cooper, John Butler The History of St Kilda from its Settlement to a City and after 1840 to 1930, v. 2 (St Kilda City Council 1931), chapter XXII, pp 39-64.
(9) Prahran Chronicle, May 19, 1917, see here.
(10) Prahran Chronicle, May 19, 1917, see here.
(11) Prahran Chronicle, June 2, 1917, see here.
(12) Prahran Chronicle, September 22, 1917, see here.
(13) Prahran Chronicle, May 26, 1917, see here.
(14) Prahran Chronicle, May 26, 1917, see here.
(15) The by-law number is illegible, it is 8 something, but not sure.
(16) Wills - Richard Wills, listed in the 1917 Electoral Roll at 26 Scott Street, St Kilda; occupation 'Independent means.' He was Secretary of the St Kilda South Ward Progress Association. You can read his obituary in the Williamstown Chronicle of January 14, 1922, see here.
(17) Prahran Chronicle, June 16, 1917, see here; there is another account of the case here Prahran Telegraph, June 16, 1917, see here.
(18) Malvern Standard, August 4, 1917, see here.
(19) Smithwick - This is possibly Christopher Richard Smithwick. He was in the 1913 Electoral Roll at Queen's Mansions, St Kilda; 1914 Roll - 11 Park Street, St Kilda; 1919 Roll at 38 Grey Street, St Kilda. Occupation listed each time as 'Independent means'.
(20) Hartley - Prahran Telegraph of September 5, 1914 (see here) reported that G.W. Hartley of St Kilda was appointed a Justice of the Peace. The 1917 Electoral roll (and other years) lists a George William Hartley, corner Park and Fraser Streets, St Kilda; occupation printer. I presume that are the same man.
(21) Curtis - the Prahran Telegraph of February 10, 1917 (see here) reported that W.H. Curtis, Gurner Street, St Kilda was appointed a Justice of the Peace. the 1919 Electoral Roll lists William Henry Curtis at 16 Gurner Street; occupation 'Independent means.' Again, I presume that they are the same man.
(22) Mitchell - I believe this is Walter Whitelaw Mitchell, listed in the Electoral Rolls from 1914 - 1924 at 60 Canterbury Road, St Kilda, occupation 'Independent means.' When he died in 1936 a short obituary in The Age of September 1, 1936 (see here) said that he was a J.P and was the returning officer for St Kilda for many years.
(23) Idalia May Seaberg - also in the Electoral rolls as Ida May Seaberg. Married to Leonard Arthur Seaberg, listed as an Engineer. Ida (nee James) died in 1966, aged 83 and Leonard died in 1967, aged 85.
(24) W.G.R. Sprod - William George Rodney Sprod, his wife was Emma. He died in 1947, aged 87; Emma (nee Murray) died 1948, aged 75. They had a son William Rodney born in 1888.
(25) The Argus, July 11, 1917, see here.
(26) Rowan - I believe this was Joseph Rowan, J.P. He died at his home in York Street, St Kilda in February 1920. you can read his obituary in the Malvern Standard, of February 21, 1920, here.
(27) Brigadier General Hughes - Frederick Godfrey Hughes (1858-1944). His wife Eva (nee Snodgrass) established the Australian Women's National League in 1904. They share an entry in the Australian Dictionary of Biography entry, here.
(28) Prahran Chronicle, October 6, 1917, see here.
(29) Prahran Telegraph, July 27, 1918, see here.
