The year 1866 was marked by an event which caused much alarm and excitement throughout the districts of the Yarra and Diamond Valleys. The people of the district were law abiding and well disposed and only about 2 incidents of serious crime had ever occurred; one being the holding up of the Caledonia Coach about a mile on the city side of Eltham in September 1856. It caused a great deal of excitement throughout the colony, especially when it was discovered that the coach driver was implicated in the robbery. The other was the mysterious murder of a miner near Queenst in 1862 for which no one ever was brought to justice.
Thus it is easy to imagine the concern that was felt when the bushranger, Robert Burke, came through the district in October, 1866. Burke, like so many other young people of his day who migrated to Australia from good class English homes, was a tragic example of prevailing social conditions in the colony. Young people were migrating to Australia with letters of recommendation and high educational certificates etc. only to find that the colonies had absolutely nothing to offer them. Melbourne possessed no industries and practically the only work offering was in the line of farm labouring or road making.
Burke came from one of these middle class homes in Dublin and migrated to Australia in the care of an uncle. He showed considerable aptitude for learning, but seldom kept a position for long. In the year 1862 he was sentenced to 3 years hard labour for robbery on the highway at Ararat. This was considered a light sentence at the time but the judge was impressed by his plea that he was trying to help his sister who had just arrived from Ireland.
He was released after serving two years, and for a time worked as cook on a sheep property in the Riverina, but he became restless and hitchhiked back to Melbourne. He tried for several high positions and even offered himself for an engagement as a Shakespearian actor at the Theatre Royal without success. He again returned to New South Wales early in 1866 where he held up the copper mines near Yass and stuck up the Gundagai - Jugion coach on three occasions in less than twelve weeks.
By what means Burke returned to Victoria is not known, but he appears to have had quite some reputation as a bushranger when he called at the home of William Horner at Scoresby on October 2nd, 1866. He asked for a bed for the night and on this being refused, he replied that the occupants needed to be taught civility. He produced a pistol and cried "bail up", but Horner bravely slammed the door in his face; Burke fired a shot but it did no harm. After unsuccessfully trying to break the door down, he began to parley and said he would go away quietly if they would give him something to eat. Horner consented and gave him some supper together with bread, meat, tea, sugar etc. for the road.
Burke searched the house and took a blanket from a bed, but never asked for any money. He talked with the occupants and when asked why he did not press the hold up he replied that it was not his policy to rob a poor man. He went away and late that evening called at the home of Mrs. James Russel, who was alone in her small cottage in Russell Street, Warrandyte, which is still standing. She was rather taken aback by Burke's request for a bed for the night, but the night was bitterly cold and wet and, noticing that Burke was much the worse for wear, she gave him a bed in an out-house. The next morning when she arose she found he had gone. Mr. Harry Houghton had unwittingly rowed him across the river.
By this time quite a number of troopers were searching for him, but he brazenly stayed the night at Mr. Weller's Guest House at the Kangaroo Grounds, again leaving before daybreak. At about 8 a.m. on October 4th he called at the homestead of the Diamond Creek Station, which was situated on the present site of Hurstbridge. To Miss Ellen Hurst, second daughter of the proprietor, he said "Good morning, I have come a long way, could you oblige me with some breakfast." He was civil and Miss Hurst stated that she had no hesitation in complying with the request.
He spoke in a friendly manner as she prepared the meal. He asked her whether she liked Sydney or Melbourne best, and Miss Hurst answered that she preferred Melbourne as she liked a cooler climate; he said that he had had a slight attack of sunstroke and he also preferred Melbourne. Burke was leaning across the table for some bread when Miss Hurst noticed something resembling a revolver holster under his coat. She informed her brother who was in another room. Hurst loaded a shotgun and going into the kitchen said in a rather off handed manner "Good morning mate, where are you from?"
"Cape Shanck" said Burke. "And where are you going?" "Kilmore." "Then you are going a deuce of a long way to get there" said Hurst. Burke turned towards Hurst in a sullen manner and said "Do you call yourself the master of the house?" On Hurst replying that he was, Burke said "Well, am I to be insulted?" Hurst hastened to inform the bushranger that nobody there would insult him, but Burke yelled "You have just done so, you have insulted me and I can take my part with any man in the colony." He brought his fist hard down upon the bench where he sat and, jumping to his feet, said, "Do you know who I am? I'm a bushranger" and with that he produced a revolver. Hurst pulled his shotgun from behind him and fired. The shot missed and went close to Miss Hurst who was standing in the doorway. Hurst motioned his sister to leave the room and she ran to fetch a Mr. Abbott who was milking about 100 yards away. Hurst closed with Burke and the pair struggled around the room; in the scuffle Burke fired and fatally wounded Hurst in the abdomen. The pair continued to struggle around the kitchen and out on the garden path, when Mr. Abbott rushed up and succeeded in throwing and securing the bushranger.
Hurst was carried to bed and Dr. Ronald was sent for from Whittlesea, but on arrival he noted Hurst's condition to be hopeless and took down his dying depositions in his capacity as a Justice of the Peace. Hurst died about 5 o'clock that evening.
Burke's trial, which took place at the old Court House in Latrobe Street on November 16th and 17th, was marked by an unfortunate demonstration of public sympathy for the victim. The whole countryside at the time was living in fear of the rampages of Ben Hall and Dan Morgan. The newspapers stated in screaming black headlines that the bushranger was the enemy of all mankind; even the Government, though not actually biased, were showing in no uncertain manner that they meant to protect the out-of-the-way settlers. However the Attorney-General, the Hon. George Higginbotham, prosecuted with scrupulous fairness and did everything possible to accord the prisoner a fair trial.
Burke was defended by the Hon. Butler Cole Aspinal, also a one time Attorney-General of Victoria and a brilliant criminal lawyer. His briefs included that of Counsel for the Defence in the State Trials of the Eureka Stockade Rioters and he also appeared for H. J. O'Farrell in his famous trial for the attempted murder of Prince Alfred at Sydney in 18[68].
In his final address to the jury Aspinal said "The fight must have been an act of courage on Hurst's part, but Burke was contending for his life when the worst occurred. His Honour, the Judge, might think it was a case of manslaughter, but the jury might think it was the unhappy result of self-defence. It was man to man, trigger to trigger, life to life, it was dreadful affray but it was mutual combat. If Hurst had killed the prisoner, very likely knowing what they had heard about him, they might have said that Hurst had been actuated by honest and brave motives, but could they say he was right in acting as he did." Aspinal, in closing his address, said although the prisoner might have been guilty of every offence on the criminal calendar, if he were not guilty of the murder of Henry Hurst, he knew the jury would deal fairly by him.
Higginbotham made a brief reply, on behalf of the crown, in which he stated that it was not his desire that the jury should not take a merciful and generous view of Burke's case. In fact he would rather that they should but, at the same time, they should also remember the irreparable loss that had been inflicted on the Hurst family.
After a deliberation of nearly 2 hours the jury returned with a verdict of guilty of wilful murder, but added a recommendation to mercy on account of Hurst's boisterous conduct. With the public feeling as it was, most people knew that Aspinal had at least lost that case and, in passing sentence, Sir Redmond Barry especially asked Burke not to place too much reliance on the jury's recommendation.
Four days later a meeting of the Executive Council decided that the law would have to take its course and set down November 29th as the date of Burke's execution. A largely attended protest meeting was held at the Mechanics Institute, now the Atheneum, on the 26th, when several prominent citizens took Burke's part on the platform. Mr. J. G. Burtt M.L.A. said he thought that, in this case, the ends of justice would be better served Burke were placed where he had no opportunity of doing any further harm. The Governor, however, declined to exercise his prerogative of mercy and nearly 20,000 people assembled outside the Old Melbourne Jail in anticipation that the execution would be a public one, but the authorities had decided against it.
Though the case is all but forgotten today, the trial of Robert Burke probably created greater discussion than any other in early Victorian history, and many thought that it was a breach of justice, but I suppose Bishop Moorehouse summed up the situation of the bushranger best when he wrote -- "Poor wretches, one cannot help pitying them, crouching among the trees like wild beasts - afraid to sleep - afraid to speak, and only waiting for their execution. But bushranging is so horrible, so ruthless and so abominable a thing that it must be stamped out no matter what the cost."
In regard to goldmining, Warrandyte was continuing on its checkered path. During the year 1866, Messrs. Autard and Journaux made a laudable effort to keep the miners employed by advancing them money to assist in raising the quartz, and then sharing a certain amount of the profit on a ratio basis after the quartz was crushed, but most of their quartz was taken from the 3rd Hill and it was never very rich, so the firm was compelled to remove their machinery after a comparatively short stay.
On the other hand, the river workings were yielding remarkably well; one claim known as Graballs yielded 95 oz. to 4 men for four months' work. Considering the price of gold at £3.18. 0 per fine oz. it must be admitted that their earnings were quite good when it is remembered that the wages of tradesmen at that time was only £3.10. 0 a week.
The impossibility of working the river during the summer months proved a great drawback to the town, but by then they had means of protecting the coffer dams when the river was high which they did not have in the early days. In the year 1865, Lewis Grant introduced the first crusher to be driven by water power, it was not a complete success as often only 2 stampers could be worked when the river was low, but it did serve to reduce the price for crushing and did much to instill new life into the field. Grant was one of the most enterprising miners on the field, in later years he became proprietor of the Anderson's Creek Hotel and was invariably identified with all projects that worked for the common good of the town. His battery was situated at the rear of the post office.
In May, 1869, Grant formed the Yarra Tunnelling Goldmining Company with a capital of £5,000; the claim was 50 yards upstream from the "Island" on the south bank; it was worked at a depth of 70 ft. directly below the bed of the river with shafts extending outwards to the left and right bank. Strange to say, the shafts were perfectly dry from above, but from below the leakage was very bad and often the mine could not crush for weeks at a time, as all the available power was needed to keep the water down. The reef was a rich one and the directors showed enterprise in replacing the 6-inch pipes with 9-inch ones and installing the largest pumping plant available. In 1874 the mine was purchased by David Mitchell, but he soon realized the impossibility of keeping the water down and closed the mine down.
The Evelyn Tunnel Goldmining Company was formed with a capital of £16,000 on the 8th February, 1870, for the purpose of constructing a tunnel at the Pound Bend, and diverting the river through it so that some three miles of the river bed could be worked for gold. Several suggestions had been made in the more prosperous days of the fifties that it would be possible to divert the river in such a manner, but some people were of the opinion that it would be a risky proposition, as it was a long way from the main seam at Warrandyte.
On the 23rd July, 1870, a large party of gentlemen assembled at the entrance of the tunnel to witness the historic occasion. When the Yarra was turned from its ancient bed through the Evelyn Tunnel, it measured 659 ft. long, with a width of 18 ft., and a depth of 14 ft. It was estimated that 15,000 gallons of water per second would flow through it when the river was high. The sturdy dam which was erected across the river at the mouth of the tunnel consisted of piles driven perpendicularly into the cliff for support. Stakes were placed at the back at an angle of 45 degrees together with 1100 sandbags which were placed at the rear for additional support.
The dam was primitive in design but, under the average conditions, should have been a success. The river, however, protested at being tampered with in such a manner and found a new course - by-passing the dam altogether; this fault was rectified in due course, but the company did not bargain for the tremendous amount of unproductive labour which was necessary before the gold could be worked. The mud in some places was found to be up to 50 ft. deep and the machinery available at that time was not suited for the task. Gold deposits were found to a certain extent, though not nearly enough for the great outlay. The commercial columns of the Argus for September 20th, 1872, tell the unhappy story of the company failure.
"The Evelyn Tunnel Gold Mining Company, which about 2 years and three months ago, bored a tunnel through a steep ridge near Warrandyte and turned the River Yarra out of its course with the intentions of obtaining gold which was supposed to be lying in the bed of the river, has been voluntarily wound up. The shareholders were enterprising, they cut a tunnel through hard rock, built a dam across the river and rendered nearly three miles of the old bed available for mining purposes. But the venture did not succeed; gold was found, but the expenses swallowed it all up and left the shareholders nothing to divide.Yesterday at a meeting of shareholders presided over by Mr. Inglis, resolutions were passed to wind up the affair. The sale of the plant which had produced £400 was confirmed, and the directors were authorized to divide the surplus after the payment of liabilities amongst the preferential shareholders, who, it was announced, would receive 4/6 each."
2 further mining companies were formed at Warrandyte in 1872, both with a nominal capital of £12,000. The Magnet Company which took up a claim on the 4th Hill, was largely financed by Warrandyte capital. Among the principle shareholders were Henry Frencham and his two sons, Alexander McDonald and Lewis A. Grant. The second company was an all Melbourne concern, known as the "Sailors Reef Company", and was formed to work in Sailors Gully near the Gold Memorial Cairn. It was organised by Dr. Johann W. Gunst, a prominent Melbourne Homeopathic Surgeon. Both these companies were worked for several years with some success.
The passing of the "No-Liability Mining Act" in 1871, did much to attract investments to the smaller goldfields such as Warrandyte, as, previous to the passing of this act, it was not uncommon for the small shareholders to lose their entire life savings by mining companies as they were responsible for the company's liabilities if it proved a failure.
Source: We believe from handwritten notes in records that the following text is an unpublished manuscript in 2 volumes (Ch1-11 and Ch12-21) written by Louis Radnor Cranfield (1927- 14 Oct 1992) F.R.HIST.S. (Fellow of the Royal Historical Society). Find a Grave Record. National Library of Australia Record.
No comments:
Post a Comment