Carlo is an Expert Witness at an Inquest

On May 16,  1912, an Inquiry was held, by the Coroner, Dr R.H. Cole, into the death of George Hunt, who was buried beneath a mass of concrete which fell in a drain in course of construction at Albert Park, on May 9. The drain, went from the corner of Queens Road and Arthur Street to the Albert Park lake. (1)

The scene of the tragedy at Albert Park. 

Public Records Office of Victoria VPRS 24/P0000, 1912/639

Amongst those present at the Inquest were - Mr G. Moir who appeared for Messrs Watts, Hancock, and Grace, the contractors for the construction of the sewer; Mr G. Rundle for Hunt's relatives, and Sub-Inspector Crowe to assist the Coroner. Dr J. Brett, who made the post-mortem examination, said, that death was due to suffocation. (2) The Inquest has been digitised at the Public Records Office of Victoria, so you can read all the evidence presented, here. This post only presents the evidence of Carlo Catani, some of the evidence of  Henry Watts, the contractor and that of Thomas Hunt, George's father. 

The evidence of Carlo Catani

Carlo Catani, in his capacity of Chief Engineer of the Public Works Department, was an expert witness and this is his evidence dated May 14, 1912 - 

Failure of Drain Cover Albert Park
I have inspected the place in company with Plain Clothes Constable Kelly, from whom I received two samples, one of cement, the other part of the broken concrete cover last Saturday morning.

I have made briquettes out of part of the cement supplied, and find that the cement used (Hammonia brand) is of good quality, having stood a tensile strain of 270 lbs to the square inch after three days. I examined the other materials used in the mixing of the concrete. The screenings are of a good quality, the toppings are also fairly clean, but contain a good deal of fine material which would retard the setting of the cement.

The sand may be called a fair sample, although it contained some vegetable matter, some fine sand, and some dark patches of fine sand more or less impregnated with iron.

I have examined the specifications and drawings, a copy of which was handed to me by Plains Clothes Constable Kelly, and think the dimension and construction of the drain cover is suitable for all requirements; in fact, with richer material, I would have been prepared to construct a cover only 4ins. thick.

In inspecting the drain, I ascertained that previous to the removal of the centering, and while the concrete was still green, filling material to a depth of about 15 ins. was thrown over the cover: this operation in itself would tend to disintegrate the composition, which would be partly wet.

Another strong factor against the proper setting of the cement was the cold prevailing during the clear nights which preceded the accident. While three days may be considered a fair lapse of time for removing centering in hot weather it would take double that time in cold frosty weather.

I was told by the contractor that the lagging was removed after 62 hours, the cover having been partly leaded to the extent of 15ins. the day before the centering was removed.

The weight of the concrete would be about 75lbs. per square feet, that of the earth about 110lbs, or a total of 185lbs. per square foot, or nearly 4cwt. per foot run of the drain on each side of each support: this weight the outside supports could not resist, and the concrete was sheared or cut above the support.

Taking all factors into consideration, I think that the 62 hours in cold weather was insufficient time for allowing the cement to set properly: it should at least have been four days.

The leading of the cover on the second day after construction retarded the and actually disturbed the crust of concrete already set, but the great weight of the earth placed on the cover was the principal cause of the collapse. No earth should have been placed over the concrete for at least 7 days in cold weather.

The fact which confirms me in these conclusions is that the cover near the East end which, presumably, was the last made and the first stripped is still standing apart from the portion which has been forcibly removed for experimental purposes: this part had stood because no extra burden of filling material has been places on it.

In further evidence dated May 16, 1912, Carlo followed up some points from his original deposition. 

I supplement the strain on the cement – that yesterday I broke two brickettes made of the same making which averaged 450 lbs to the square inch which proved the cement was setting well and was of good quality. When the mass of concrete was handed to me last Saturday it could be broken into small pieces easily and now it has set hard showing that the process of  waiting has made it hard. I produce a copy of these specifications.

To Insp Crowe. The lagging is removed when you think the concrete is strong enough to bear its own weight.

To the Coroner Undoubtedly the weather had something to do with it. Three days is the usual time allowed, as there was a clear line between the other cement and the one that broke showed that there was not time for the cement to join. A cement that sets quickly is not a good cement –as the cement that sets slowly is the best. I passed the plans. There was nothing on the flat surface if all the others conditions had been carried out.

To Mr Moir  I made the plan produced. I know the contract made out that the cement should be of the approved Portland cement. The Hammonis cement is good. I do not think that one barrel ought to be better than another but one barrel may be injured. The cement was reinforced with wires and the steel bars were to be set at an angle of 45° according to the specification. If this had been left to set for 4 to 5 days it would have been standing now. When I got the cement last Saturday it could have been crumbled with the fingers.

To Mr Rundle. I visited the scene of the accident. I saw indications that the mortar was not set. I examined the concrete and found that it was crumbly at the time. I think if the men had looked at the concrete they would have seen that it was not set. The fact that the concrete was crumbly was an indication that it was not ready to have the loading put in it and if  a person had a proper knowledge of concrete [they] ought to have known that.

To Mr Hunt. I did not find any provision in the specifications as the drawing of the laggings. The piece of concrete produced had been in my office and in my room. It had not been exposed to the air outside. I did not notice that the tar was burst off the longitudinal bars. In my opinion the reinforcement was good enough for the purposes.  I did not see any trace of tar on the cross bars, they were rusty in parts. If the bars were fastened at the sides that would be an improvement.

To the Coroner.   I am satisfied that if it had been allowed time, it would have been all right. (3)

Henry Watts of Watts, Hancock, and Grace, the contractors for the construction of the sewer.

After the alarm was raised that the trench had collapsed, Mr Watts stated -

It took about 10 minutes to 15 to get him out. The wires had to be cut and the rods lifted.  I think he was dead when he was brought out but I had to run away for an ambulance and when I came back I saw that he was dead. (4)

The verdict

As a result of all the evidence presented, the Coroner concluded that - George Hunt was accidentally killed by the collapse of a cement drain in the course of construction. (5)

Who was George Hunt?
George's body was identified by his father Thomas and this is his sad evidence -

Thomas Hunt, Watchman, Mary Street Fairfield
I saw the body of the deceased at the morgue and I identified it as that of my son George Hunt. He was aged 31 years and was married. He lived with me. He was employed at the Albert Park Drainage by Messrs Watt and Hancock. I last saw him alive about 7am last Thursday morning. I met him at the railway station and said “How are you”. He said “Never better in my life.”
To Mr Moir: He had only one full arm. He had a hook on the right arm.
To the Coroner: That did not affect him in his work at all. 

It would be interesting to know what happened to his arm.  In Dr Brett's evidence he said George was of strong muscular build and fairly nourished, 5ft 7 inches in height... the right arm had been amputated below the elbow and a leather false arm strapped to the stump. (6)

The evidence of Thomas Hunt

Public Records Office of Victoria VPRS 24/P0000, 1912/639

Thomas Hunt had married Margaret Bradley on May 19, 1876 at the Registrar of Marriages in Gore Street, Fitzroy. Thomas was a 25-year old cab driver, born in Devonshire England, the son of  Joseph  and Mary Ann (nee Bradley) Hunt. Margaret was a 28-year old housekeeper, born in Hamburg, Germany; the daughter of John and Margaret (nee Walker) Bradley. (7) It is possible that the two were cousins. 

George was one of five, possibly six children - the Victorian Indexes to Births list the following children of Thomas and Margaret - 

Ellen (born 1877, birth registered at Berwick)

William Arthur (1877, Berwick)

George (1880, Berwick)

Margaret Emma (1885, Hazelwood)

John Thomas (1886, Boolarra). (8)

However, Margaret's 1923 death notice and Thomas' 1937 death notice also lists a Fred, as the oldest child. (9)  I am not sure how Frederick fits in. On Thomas and Margaret's marriage certificate, neither of them list a previous marriage or children, however, that is neither here nor there now.  Thomas, Margaret and George are buried in the same grave in the Church of England section at the Coburg Pine Ridge Cemetery. (10)  Margaret Hunt actually died in awful circumstances. She had gone to the lumber room of their house in Fitzroy in the early morning, when the candle she was using set some timber on fire,  her night dress then caught fire causing severe burns. She died the same night. (11) 

The report of the fire also notes that - After rescuing his wife, Mr . Hunt, who has had a lot of experience of fires, having been a member of the old Volunteer Fire Brigade, at Moreland, tried ineffectually to extinguish the flames with buckets of water of the fire. However even with support of the fire brigade,the house was completely gutted. (12)

Death notice for George Hunt from his wife, Margaret.

The Age, May 11, 1912 http://nla.gov.au/nla.news-article197362229

Bereavement notice from George's parents

The Age, May 18, 1912 http://nla.gov.au/nla.news-article197372704

George had married twice - when he was 22 years of age to Amy Connor, who died at some unknown time; there were no children from this marriage. The second marriage was to Margaret Clark Skinner on May 4, 1912 only five days before he was killed. (13)  Their son, George Thomas Frederick,  was born on December 13, 1912 at 33 Moreland Road in Brunswick. (14)  It must have been an awful time for Margaret to lose a husband in tragic circumstances and then have to raise their son alone.

Margaret did not remarry and lived with her brother and son in Hopetoun Avenue, West Brunswick. She died on May 17, 1964, aged 82 and is buried with her brother, John Skinner, in the Presbyterian section at the Coburg Pine Ridge Cemetery; their grave is next to that of her parents Alexander and Jeannie (nee McMurrich) Skinner.  (15)

George junior became a mechanic. George and his mother Margaret, are listed in the Electoral Rolls at 135 Hopetoun Avenue and from the 1949 Electoral rolls they are living at 11 Hopetoun Avenue. (16)  George married Florence Brown around 1970 and he died on December 10, 1989, aged 76.  His ashes are interred at the Fawkner Cemetery, with those of his wife, who died in 2012, aged 99. (17)

You would have to wonder if  George's wife Margaret was satisfied with the verdict that his death was an accident, because it seems that it could have been avoided. I hope that both she and George junior had some happiness in their life.

Footnotes

(1) Weekly Times May 18, 1912, see here

Inquest into the Death of George Hunt, Public Records Office of Victoria VPRS 24/P0000, 1912/639

https://prov.vic.gov.au/archive/A21CB309-F1C2-11E9-AE98-C5CA5962F97A?image=1

(2) Ibid.

(3) Inquest -  see link in footnote 1

(4) Inquest -  see link in footnote 1

(5) Inquest -  see link in footnote 1

(6) Inquest -  see link in footnote 1

(7) Thomas Hunt/Margaret Bradley marriage certificate

(8) Indexes to the Victorian Births, Deaths and Marriages.

(9) Death notices of Margaret and Thomas Hunt

Margaret - death notice

The Argus, October 8, 1923 http://nla.gov.au/nla.news-article2000514

Thomas - death notice

The Age, March 9, 1937 http://nla.gov.au/nla.news-article205612615

(10) Greater Metropolitan Cemeteries Trust database https://www.gmct.com.au/find-a-grave

(11) The Age, October 6, 1923, see here; The Herald, October 6, 1923, see here.

(12) The Age, October 6, 1923, see here

(13) George Hunt/Margaret Skinner marriage certificate.

(14) George Thomas Frederick Hunt - birth certificate.

(15) Electoral Rolls on Ancestry.com; Greater Metropolitan Cemeteries Trust database https://www.gmct.com.au/find-a-grave

(16) Electoral Rolls on Ancestry.com; the Electoral Rolls list George's occupation as a mechanic, although his Probate papers at the Public Records Office of Victoria records his occupation as a toolmaker.

(17) I am basing the date of his marriage on the fact that in the 1967 Electoral Roll, George was listed by himself, but in the 1972 Electoral Roll, Florence Agnes Hunt was listed at 11 Hopetoun Avenue.  Greater Metropolitan Cemeteries Trust database https://www.gmct.com.au/find-a-grave Florence, was born February 2, 1913, the daughter of Robert and Florence Skinner; and as Skinner was George's mothers maiden name, I presume they were related. She had previously been married to Stanley Brown and had three daughters. 

Florence's death notice

https://www.mytributes.com.au/notice/death-notices/hunt-florence-agnes/3759847/

Carlo's time as an Honorary Justice at the St Kilda Court

On May 15, 1917, Carlo Catani, having just been appointed a Justice of the Peace, took his seat on the Bench at the St Kilda Court for the first time. The Prahran Chronicle of May 19, 1917 (1) reported on this occasion  -
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.

Carlo Catani is sued in Warrnambool County Court

The Age newspaper of April 10, 1902  (see here) reported on a Court case where Carlo was sued in the Warrnambool County Court. The plaintiff, William John Murray, was unsuccessful. The case was in connection with the Merri River drainage scheme. The Merri River is to the west of the town of Warrnambool and I will write about the drainage scheme one day.  Over the years, Carlo gave evidence at committees and inquiries in a professional capacity and he was on the other side of the Bench after he was appointed a Magistrate at the St Kilda Court, where the first case he heard was on May 15, 1917, but this is the first court case I have found involving Carlo as either a plaintiff or defendant.

The Court House at Warrnambool, where the case involving Carlo was heard.

Warrnambool Court House, Timor Street. Photographer: John T. Collins, taken November 22, 1981.

State Library of Victoria Image H98.251/2516

Here is the report from The Age of April 10, 1902 -

A Peculiar Claim. A Public Works Officer Sued.

Warrnambool, Wednesday.

At the county court, before Judge Hamilton, William John Murray, owner of land near the Merri River, sought to recover from Mr. Catani, of the Public Works department, £19 19/ for certain work alleged to have been done on the authority of the defendant in connection with the Merri River drainage scheme.

Plaintiff stated that he had an interview with defendant at Warrnambool, and that the latter arranged with him to interview all the land owners interested in the Merri drainage scheme, with a view to inducing them to buy from the Government all the land between their holdings and the river which had been reclaimed. Defendant told plaintiff that he would be handsomely paid if he undertook the work, and after considerable demur he consented to undertake the task. He sent in two or three reports to the department, showing the results of the interviews, and defendant had on two or three occasions assured him that "he would be paid all right."

Some time afterwards, Mr. Catani and the Surveyor-General called on witness at his house, and in the course of conversation the Surveyor-General asked plaintiff what authority he had for doing the work for which he claimed payment. Plaintiff thereupon produced a letter he had received from Mr. Catani, and the Surveyor-General, after reading it, remarked, "Oh, he has been employed all right." 

At a subsequent stage, however, plaintiff received a letter from Mr. Catani, in which the latter stated that it was understood that plaintiff undertook the work "because he owns so interested in securing a river frontage for himself." At a later stage the Government repudiated the action of Mr. Catani in engaging his (plaintiff's) services.

In reply to Mr. S. F. Mann, of the Crown Law department, who appeared for defendant, plaintiff admitted having received certain amounts from land owners for his instrumentality in securing the drainage of their land.

Mr. Mann submitted that the action was an improper attempt to reach the Crown. The department should have been sued, and not one of the department's officers in a private capacity. His Honor coincided with Mr. Mann's view.

Mr. Chambers, who appeared for plaintiff, pointed out that the department had repudiated Mr. Catani's action. His Honor: Then there is all the stronger ground for an action against the department.

Plaintiff was non-suited, and costs were allowed to defendant.