Sunday, June 20, 2021

Captain Edward Goldsmith and friends, 1849

Captain Edward GOLDSMITH, master mariner
Horticultural Show Hobart Van Diemen's Land 1849
Oscar TONDEUR, merchant at the New Norfolk Regatta 1846
Charles DICKENS, "Shallabalah", Punch and Judy character in The Old Curiosity Shop 1841



The old Devil, Jim Crow, the Turk [Shallabalah] and the Beadle



PUNCH & JUDY SET ANTIQUE 1800S HAND PUPPETS GERMAN THEATRE TOYS
Source: ZAPWOW HQ,
Link: https://zapwowhq.wordpress.com/2017/09/05/punch-judy-set-antique-1800s-hand-puppets-german-theatre-toys/

Friends of Captain Goldsmith at his Testimonial, 1849
Apart from journalist Francis Knowles who was in attendance to record the occasion, the illustrious company of "gentlemen" who gathered on board the Rattler to present Captain Edward Goldsmith with a silver goblet on Wednesday, 17th January 1849 were for the most part members of the Gardeners and Amateurs' Horticultural Society, and exhibitors at the annual Horticultural Flower, Fruit and Vegetable Show, viz: -

William CARTER, Justice of the Peace:
Edward MACDOWELL, barrister, commissioner of Insolvency Court:
Francis KNOWLES, reporter on the Courier:
Henry BEST, Regatta organiser, horticultural exhibitor:
Samuel MOSES, merchant, shipowner of the Prince Regent, and horticultural exhibitor:
Isaac WRIGHT, wool-stapler, merchant, New Wharf, shipowner of the William Miskin (1852)
W. NEWMAN, judge at the Horticultural Flower Show, superintendent Botanic Gardens
A. DOUGLASS, horticultural exhibitor

These craftsmen's contribution was the gold-lined silver goblet:
Charles JONES, silversmith: read more about the goblet here
William BROCK, engraver:



Source: Colonial Times 19 January 1849 p. 2.

TRANSCRIPT
Domestic Intelligence
A TESTIMONIAL - On Wednesday last, several gentlemen waited upon Capt Goldsmith, on board his ship, the Rattler, for the purpose of presenting him with a silver cup, to which office W. Carter Esq. was deputed. That gentleman said that the lot had fallen to him pleasurable in one sense, but unfortunate in another, owing to the unavoidable absence of Edward Macdowell, Esq. who was detained through his professional duties, and who, had he been there, would have expressed himself in a better flow of language; but although the absence of that gentleman and others might be regretted, Captain Goldsmith might rest assured that the feelings of the few present coincided in this one particular point - he had done a great deal of good to the colony, and that all the colony ought to be grateful to him for it - he had introduced many valuable plants and other things to Van Diemen's Land, which he (Mr. Carter) and other gentleman would always feel in grateful remembrance. Capt. Goldsmith, upon receiving the cup, returned thanks for the high encomium which had been passed upon him, and humorously remarked that in the course of another trip he should consider this colony his home, as it was his intention to bring out Mrs. Goldsmith with him: he regretted he had not the eloquence of his friend, Mr. Carter, but he would keep the cup as long as he lived, in remembrance of the very great kindness he had always received from the people of Hobart Town - in fact, he had met with that hospitality he had never witnessed anywhere else: he then concluded by saying that in any way where he could be of service to the colony, or to private individuals, he would at all times be most ready and willing to do so. The following gentlemen sat down to a most excellent luncheon: - Capt Goldsmith; W. Carter, J. P., S. Moses, I. Wright, H. Best, - Newman, A. Douglas, and F. Knowles, Esquires. The cup was made by Mr. C. Jones, of the purest silver, and the general opinion is that it is the best piece of colonial workmanship yet seen. The Arms of the Colony are richly emblazoned, and the inscription (beautifully engraved by Mr. Brock) is as follows: - "Presented to Captain Goldsmith, of the ship Rattler, as a slight testimonial for having introduced many rare and valuable plants into Van Diemen's Land" January, 1849."
Source: Colonial Times 19 January 1849 p. 2.
http://nla.gov.au/nla.news-article8764279

For his services to the horticultural advancement of the colony, Captain Goldsmith was elected to The Royal Society of Van Diemen's Land for Horticulture, Botany, and the Advancement of Science' in 1851. While he imported palms such as these (photos below), he also exported Tasmanian tree seeds to the Falkland Islands (1840).



Above and below: Palms, Royal Botanical Gardens, Hobart Tasmania
Photos copyright © KLW NFC Imprint 2014



RBG placard information for visitors:
The Palm Collection at Hobart's Royal Botanical Gardens is listed on the National Trust of Tasmania Register of Significant Trees. It comprises 31 individuals from 7 genera originating from countries as diverse as Mexico, China and Africa, Its interest derives from the rarity of such a collection in Tasmania. Palms incidentally are not true trees, but are really a giant form of monocotyledon, the group of plants to which grasses belong.
Another article which reported on the same occasion at Captain Goldsmith's Testimonial (Courier, LOCAL. 1849, January 20 p. 2.) referred to barrister Edward Macdowell as the "private friend" who was designated to present the goblet to Captain Goldsmith but who was absent acting as counsel on a rape case at the Supreme Court. Read more about Edward Macdowell and the Buchanan case in this earlier post here.

The Shallabalah Case, 1846: Knowles v. Tondeur
Francis Knowles, the reporter on the Hobart Courier who did attend Captain Goldsmith's testimonial that Wednesday in January 1849, was well-known to barrister Edward Macdowell. Back in February 1846 Edward Macdowell had defended a Frenchman, Oscar Tondeur, who was accused of assaulting Francis Knowles - of whipping him about the shoulders, according to one account - because of a published article about the New Norfolk Regatta which Tondeur was led to believe was intended to ridicule his mannerisms and command of the English language. Knowles had likened him to the Punch and Judy "foreign gentleman" character that gained his name from the only utterance  he could muster - "Shallabalah". The case raised laughter when heard at the Police Office, Hobart Town Hall, where Edwin Midwood, police information clerk, eagerly corroborated barrister Macdowell's argument in lieu of the "certain ladies" who told Tondeur the slur was indeed Knowle's intention. Always up for mischief, this was the same Edwin Midwood who most likely contributed to photographer Thomas J. Nevin's dismissal from the position of Keeper at the Hobart Town Hall in December 1880 when Nevin was thought to be the "ghost" frightening the girls of Hobart Town at night dressed in a white sheet. Since Edwin Midwood never confessed to the prank, he is remembered principally nowadays as the father of another humourist, cartoonist Tom Midwood.

Oscar TONDEUR (ca. 1816 - ?)
French importer and merchant, Oscar Tondeur was 32 years old when he married Maria Anna, 27 years old, the only daughter of T. Y. Lowes, distiller, merchant and auctioneer on 21st October 1848 at Hobart. In the following decades, they moved to Victoria and then to France where Maria Anna Tondeur died in 1878 at 10 Rue St. Cecile, Paris. Their son Francis Oscar Tondeur, residing at his mother's address at the time of her death sold off his parents' estate in Tasmania which may have included Oscar Tondeur's grant in March 1852 of 217 acres in the Parish of Strangford, county of Monmouth (Tas).
BIRTHS, DEATHS AND MARRIAGES.
MARRIED—On Saturday, the 21st October, at Glenorchy, by the Rev. W. Barrett, Francis Oscar Tondeur, to Maria Anna, only daughter of T. Y. Lowes, Esq.
Sources:
Marriage: Cornwall Chronicle (Launceston, Tas) Wednesday 1 November 1848, page 132
Land grant: https://stors.tas.gov.au/RD1-1-25$init=RD1-1-25P188JPG
Wills: Mary Ann Tondeur 1878: https://stors.tas.gov.au/NI/1723734

The NEW NORFOLK Regatta 1846
On the 19th February 1846, Oscar Tondeur attended the New Norfolk Regatta. Reporter for the Hobart Courier, Francis Knowles, apparently did not, yet he published a report as "Punch" about the Regatta and asserted that his invocation of the character of Shallabalah, a figure in the story of Punch and Judy, was intended to ridicule the elegant Frenchman. "Certain ladies" ensured that Tondeur was made aware of the "squib" and that Knowles had fully intended the slur.

The day's festivities were marred by a tragedy involving the drowning of a crewman of the paddle steamer Thames on its return to Hobart.



Source: Colonial Times (Hobart, Tas. : 1828 - 1857), Friday 20 February 1846, page 3
http://nla.gov.au/nla.news-article8758165

TRANSCRIPT
NEW NORFOLK REGATTA. The Fête at New Norfolk was one of the most splendid affairs ever known in Van Diemen's Land. A larger assemblage of persons attended it, than ever congregated on any former occasion, - every public carriage in Hobart Town was engaged, and a number of applicants for conveyance were yet unsupplied. The steamer was so crowded - also admission only obtained by tickets - that a large number of persons could not be received on board. The day was the very finest of the season. SIR EARDLEY WILMOT actually " laid himself out" to please, and His Excellency was eminently successful, for every individual expressed satisfaction at the " re-union." The fortunate winner of the Governor's elegant Cup was Mr. A. Orr ; Mr. G. Lewis won the Subscription Cup ; and Mr. Watson won the Whaleboat Prize. The little town of New Norfolk was literally crammed with visitors, and we believe we may safely say that one general sentiment of satisfaction prevailed. We regret to state that, on the return of the steamer to town, a man unhappily lost his life by becoming entangled in the paddle-wheel, by which he was crushed to death before the vessel could be stopped. We have heard of no other draw-back upon the pleasure of the day.
Source: NEW NORFOLK REGATTA. (1846, February 20). Colonial Times p. 3. http://nla.gov.au/nla.news-article8758165



TRANSCRIPT
APPALLING ACCIDENT - On the returning of the steamer Thames, from the New Norfolk Regatta, a dreadful accident occurred, through which a seaman of the name of Richard Downey was. killed. It appeared that the unfortunate man had mounted on the top of the paddle box for the purpose of closing the aperture, when he suddenly disappeared through the opening, falling on the paddles which were revolving rapidly at the time. The body was not found at the time of our leaving; but the general supposition was, that it must have been mangled in a most awful manner. Downey had been a seaman on board the steamer for a great length of time, and was well-known on the Old Wharf by the name of Scotty. We are happy to state that no blame can be attached to the Captain or any one else on board the vessel the time the accident occurred.
Source: Courier (Hobart, Tas. : 1840 - 1859), Saturday 21 February 1846, page 2



State Library of Tasmania Collections
[Hallgreen, New Norfolk, as seen from the north bank of the Derwent] K. Bull.
Author: Bull, Knud Geelmuyden, 1811-1889
Publication Information: 1854.

Newspaper reports: Knowles v. Tondeur
Correspondent for the Hobart Courier, the Launceston Examiner, and the Colonial Times at various stages in his journalist career, Francis Knowles regularly contributed satirical pieces in "plain speaking" as he put it, on the political issues of the day under the name "Punch". He showed little restraint in his mockery of Sir John Franklin and his wife Jane Franklin, likening them to Punch and Judy. He penned fake letters as Sir John Franklin writing somewhere from the Northern Hemisphere, and fake advertisements for Punch and Judy waltzes, which earned him contempt over time from the editor and readers of the Colonial Times.

An actual original copy is not to be found of Knowles' "letter" which offended Tondeur so deeply. It was published in the Courier on one of the days immediately following the 19th February 1846, the day of the New Norfolk Regatta, up to the morning of the 27th February 1846 when Tondeur assaulted Knowles at the Courier offices. More than likely, the offensive letter was published in the Courier issue of the 25th February 1846, which the National Library of Australia's newspaper digitisation service, TROVE has reported as missing! This notice on their website is more than a little unusual:



"Issue is Missing"
25th February 1846 issue of the Hobart Courier
National Library of Australia
The Courier (Hobart, Tas. : 1840-1859)
Issue Missing: 1846-02-25
Issue is missing
Perhaps every copy of the issue was destroyed by either or all parties involved in the "case" in the years immediately following its publication in 1846 with a view to protecting their reputations for future generations. The descendants of any of those named in the "case" - eg. of Messrs Knowles, Tondeur, Macdowell, Midwood, and Best - may have taken steps to prevent the 25th February 1846 issue from deposit into state and national archives decades or even a century later.

While Knowles entertained readers of the press, puppeteers entertained visitors to the Hobart and Launceston Regattas with Punch and Judy shows using glove puppets and a tiny booth stage. They would deliver interpretations of the Punch and Judy story with contemporary allusions and innuendoes. Additional performances by Mr. Masters with his Fantoccini, puppets operated on strings doing Highland dances and skeleton pratfalls, became a regular attraction at the Regattas from 1840. In all versions of the Punch and Judy story, there is little doubt that the depiction of domestic violence, of uxoricide and infanticide, of imprisonment, of death and ghosts, all leavened with gratuitous racism and xenophobia, might have found a ready audience in children, though sentiment today judges this amusement highly inappropriate. In 1840, for example, this critic defended the Punch and Judy entertainment on offer at the Hobart Regatta with a clear dismissal of any suggestion it should be censored:



TRANSCRIPT
It was last year made matter of absurd and hyperbolical comment, that the magnificence of a Regatta should be tarnished with any exhibition calculated in the least to give it the appearance of a fair. Now the community regard such exhibitions as Punch and Judy with extreme delight ; nor is it all inconsistent with a mind of the most exalted order, to unbend from the sublime even to the very verge of the ridiculous. The broad caricature of the show makes men laugh ; it never makes men worse ; the puppet extravagance is a complete satire on the pranks of mankind: it has none of the Jack Sheppard-vein of converting roguery into heroism, or highwaymen into martyrs. For this reason a person may appreciate the highest style of tragic acting ever yet in existence and have his feelings carried away by a Kean or a Kemble, and yet can descend from the lofty buskin to the contemplation of puppets. In fact, it is only overstrained refinement of sentiment to object to such things ; for why should we not equally object to Fairy tales? The cases are precisely analogous - they amuse the young and the old, the grave and the gay, for we find that even Pitt set apart an occasional Christmas evening every year to the perusal of the Arabian Nights' Entertainments.
Under such circumstances, we hail the re-appearance of Punch and Judy with considerable satisfaction, and all such exhibitions as are harmless in themselves. We should mention that it was the Review which last year objected so strongly to Punch and Judy, and no wonder! Upon no terms, however, shall we have the thimble rig on the ground, even though the same journal, so well known as an accomplished adept with the pea, should pray for it.
Source: THE COURIER. (1840, December 1). The Courier (Hobart, Tas. : 1840 - 1859), p. 2.
Link: http://nla.gov.au/nla.news-article2957590

The name of a character in some of the earliest English performances of Punch and Judy, "Shallabalah" was also a term used by youth to offend Spanish refugees in 1840s London. In Chapter 16 of Charles Dickens' novel The Old Curiosity Shop, published in serial form in 1840 and as a book in 1841, Nell and her grandfather come across two "itinerant showmen—exhibitors of the freaks of Punch" who are mending their puppets. One of those puppets represents the character of "the foreign gentleman who not being familiar with the language is unable in the representation to express his ideas otherwise than by the utterance of the word "Shallabalah" three distinct times... ".

This characterisation of Shallabalah or the Grand Turk was not only familiar to Charles Dickens' readers in the penal colony of Van Diemen's Land at the other end of the Empire by 1846, it was openly used as a stereotype to mock "foreign gentlemen", particularly the French with status and ambition such as Oscar Tondeur for the amusement of both men and women through their local press. An adaptation and elaboration of the scene in Chapter 16 of Dickens' novel, in which the puppeteer Mr. Codlin  himself becomes a character in the performances of the Punch and Judy story, was travelling the Regatta circuit by 1873. This report by the now world-weary wrinkled journalist (was it still Knowles?)  signing off as "Punch" in the Courier drew together all the old characters, including the Shallabalah, remembered fondly by said journalist in his youth for the lost art of racist repartee, with the newer element of the puppeteer himself, Mr. Codlin appearing in full make-up:



PUNCH.
The rising generation here are much indebted to the gentleman who so kindly and cleverly introduced them to the friend of our English childhood, the illustrious reprobate, Mr. Punch. The performance of the celebrated "tragedy" on Saturday afternoon attracted a large audience, including His Excellency the Governor and family. Youngest Tasmania was well represented in all its laughing loveliness; nor was laughter limited to baby lips, but lit up many a face whose last sight of Punch dated many weary years ago, and whose young bloom has been long since replaced by gravity and wrinkles. The science and mechanical applications were excellent, but the dialogue was certainly deficient in the point and repartee we remember in the street originals of yore; and we question if the sudden appearance and banishing of the "Shallaballa" Nemesis was a sufficiently impressive moral, after the triumphant career of Mr. Punch's enormities; of which each successive atrocity elicited a louder demonstration of delight and applause; the last, perhaps the most noteworthy feature of the whole, was "Mr. Codlin", the immortal Punch and Judy showman of Dickens' "Old Curiosity Shop", who most fittingly appeared in the appropriate costume. His make-up was a work of high art, dress, gait, lugubrious expression, all evidenced a keen appreciation and study of the great author's quaint creation. We should like a photograph of him in his habit as he stood on Saturday, drum, Pandean pipes and all.
The proceeds of the performance are, we hear, to be given to an important local charity, whose funds need assistance.
Source: PUNCH. (1873, March 31). The Tasmanian Tribune (Hobart Town)p. 2.
Link: http://nla.gov.au/nla.news-article200374700

Charles Dickens was a a household name to readers in all parts and everywhere by 1846 with the publication of Oliver Twist (1837), Nicholas Nickleby (1838), The Old Curiosity Shop (1841)  and A Christmas Carol (1843), but his acquaintance with Captain Edward Goldsmith was to become far more personal in 1857 when he discovered they were neighbours in the village of Higham, Kent (UK). Dickens complained that Captain Goldsmith, who had retired to his estate up Telegraph Lane, Gad's Hill in 1856, was monopolising not only the water supply to Dickens' newest acquisition, the house down the hill at No. 6 Gad's Hill Place, but also the village mail box which was set into Captain Goldsmith's wall. Dickens wrote arguably some of his finest later work at Gadshill as a neighbour of Captain Goldsmith, including Little Dorrit (1857), A Tale of Two Cities (1859) and Great Expectations (1861). Dickens died there in 1870, a year after "the skipper in that crow's-nest of a house", as he called Captain Goldsmith, who died at Gadshill in 1869, the much-loved uncle of Elizabeth Rachel Nevin, wife of photographer Thomas J. Nevin.

Meanwhile, back to the Tondeur case:

March 3rd, 1846: the case is scheduled
To-morrow, the much talked of case of Knowles v. Tondeur comes on for hearing : the case is one of assault, arising out of a squib, in the Courier: we shall duly attend to it.
Source: Colonial Times Tue 3 Mar 1846 Page 3 Hobart Town Police Report.

March 4th, 1846: Tondeur complains to to the Courier
The Assault Case.-We have received a letter from Mr. Tondeur, complaining of misrepresentation of the facts of this case on the part of our reporter. We willingly give Mr. Tondeur's version of the matter, which is to the following effect:- Mr. Tondeur asserts that he is perfectly satisfied the ideal character of Shallaballah in the letter of Punch, describing his visit to the New Norfolk Regatta, was not intended for him. But Mr. Tondeur asserts, that Mr. Knowles, after the publication of the letter, " had, amongst his friends, attempted to turn him, Mr. Tondeur, into ridicule, by asserting that the character was meant for him." This seems to be the head and front offence of our reporter, which has been followed by such striking conduct on the part of Mr. Tondeur that the circumstance is now about to become the subject of Police Investigation, and may probably furnish a brief to the gentlemen of the legal profession.
Source: Courier Wednesday 4 March 1846, page 2
http://nla.gov.au/nla.news-article2946199

March 6th, 1846: the police report is published
Oscar Tondeur did indeed brief a member of the legal profession, the exuberant Edward Macdowell who revelled in his own witty confabulations during proceedings, suggesting war with France was likely to ensue if the case should go further. As Charles Butler wrote of Macdowell in 1902:
Edward Macdowell was Attorney-General, a Barrister of great eloquence, a very handsome Irishman but not a good lawyer and not a worker. He would at times go into Court without looking at his brief or scarcely so pick up the merits of the case during its progress and make a splendid reply at the conclusion. He was I believe a University man highly educated but without application.
Charles Butler to Bishop Montgomery re reminiscences of early colonists
Source: Archives Office of Tasmania Ref: NS2122/1/7



Barrister Edward Macdowell (1798–1860)
Source: Archives Office Tasmania RT52475

Extract 1: the assault



Source: Colonial Times Fri 6 Mar 1846 Page 3 Hobart Town police Report.
Link: http://nla.gov.au/nla.news-article8758220

TRANSCRIPT
Hobart Town Police Report.
Without regard to chronological order and regularity, we shall commence our report with the lion-case of the week, that, namely, of Knowles v. Tondeur, which was adjudicated on Wednesday.
― The complainant conducted his own case, and Mr. Macdowell defended Mr. Tondeur.
― The complainant, previous to the charge being gone into, wished to state, that, even then, at the eleventh hour, he would withdraw the information, if Mr. Tondeur would make an apology. Mr. Tondeur had reported that he expected a good thrashing, which he (Mr. Knowles) refrained from giving him.
― Mr. Macdowell, on the part of his client, at once objected to this proposal: the learned counsel observed, that the application of the title "Shallabalah" was sufficiently obvious even to foreigners and Englishmen, but especially to Irishmen; he should produce a witness connected with the Police department, who would distinctly prove that the complainant had positively asserted that the character was intended for the defendant.
― Mr. Knowles: Then the case must go on.
― The information was then read. It set forth, that, on the 27th of February, the defendant (Oscar Tondeur) did unlawfully beat and assault the complainant (Francis Knowles), who, believing the defendant to be a person of a vindictive disposition, now prayed that he might be bound over to keep the peace.
― To this charge the defendant pleaded Not Guilty, and so the case proceeded as follows:
― On Friday last, in the morning, Mr. H. Best informed witness (Mr. Knowles) that Mr. Tondeur wished to see him; witness was then engaged, en dishabille, writing for the paper, but he came down stairs and confronted his visitor. Upon this, Mr. Tondeur asked witness for an apology for the article he had published in the Courier, holding him up to ridicule, under the designation of Shallabalah, dancing about the office at the time like a doll puppet and moving about his arms and legs, after the manner of the most approved Fantoccini. From the excited state of the defendant, witness could not exactly understand whether Mr. Tondeur wanted witness to acknowledge the authorship of the article, (Punch's letter about the New Norfolk Regatta,) or whether he wished witness to say that he had told several persons that the character of Shallabalah was intended for Mr. Tondeur. Witness then said to him, "If you will walk with me, I will explain the matter; if not, you must walk out " Mr. Tondeur refused to do either, and Mr. Knowles then turned away to go up to his sanctum, when the defendant struck him two or three times with a whip. Witness did not take advantage of the superior muscular power which be possessed, to return the compliment, but permitted Mr. Tondeur to walk away in his usual graceful manner.
― By Mr. Price; I refused to make an apology, and denied that the character was intended for Mr. Tondeur. I said to him, come, let us walk along, and we will talk the matter over. I should be extremely sorry to hurt the feelings of anyone; and the party with whom Mr. Tondeur went to New Norfolk, I most highly respect : they might as well apply to themselves the characters of Punch and Judy, and take the dog Toby into the bargain. If foreigners are to assault British subjects with impunity, then are the laws of Great Britain virtually abolished, this is all I have to say.
― Cross-examined by Mr. Macdowell: I am Reporter to the Courier. I understood Mr. Tondeur to allude to a certain article in the Courier, but I could not distinctly understand Mr. Tondeur, who was in a very excited state. I might have mentioned to some persons that Shallabalah was intended for Mr. Tondeur. I heard many persons say, "Poor Tondeur has been left outside of the Government-garden, and, from that circumstance, he must be Shallabalah."
― Mr. Macdowell here observed, that he was instructed by Mr. Tondeur not to mention the names of certain ladies; but he wished to ask Mr. Knowles whether he did not state to them that Shallabalah was intended for Mr. Tondeur?
― Mr. Knowles replied, that he did not recollect doing so, but he might have done so. Mr. Edwin Midwood was of the party, and he and the ladies were all laughing and joking about the matter, and he (Mr. Knowles) might have joined in the fun. Mr. Knowles further stated, that, if Mr. Tondeur had addressed him in a proper manner, he should have most readily afforded him every explanation in his power.
― By Mr. Price: To my knowledge, I never actually said that the character of Shallabalah was meant for Mr. Tondeur; but when the matter came on the tapis, and Mr. Midwood and "the ladies" were enjoying the joke, I might have said that the application was intended.
― By Mr. Macdowell: I was at New Norfolk: you may say, I was not invited.
― Mr. Macdowell: Oh! dear no; it is not at all necessary to state that, Mr. Knowles.
― Mr. Henry Best was called, and corroborated the facts and circumstances relating to the assault. After Mr. Tondeur left, Mr. Best said to the complainant, "Well, I wonder you did not give him a horsewhipping in return: I should have done so." Mr. Knowles's reply did not transpire.
― Mr. Phillipson was called, but he said he knew nothing of the matter.
― This being the case for the complainant, Mr. Macdowell addressed the Bench as follows:
― The learned counsel said, that, whatever the result of this very important case might he, one thing he was quite satisfied the Bench could not deny ― nay, he (Mr. Macdowell) defied their Worships to do so and that was, to alter the opinion which Mr. Knowles entertained of himself ― (a laugh.) He (Mr. Knowles) was the only person in this large assembly who contemplated his own character and abilities in the light which he had cast upon it. "Look," said the learned counsel, "upon his demeanour throughout the whole case; and see how he has played the part of a distinguished "Hero!" He (Mr. Macdowell) hoped that this awful irruption would not lead to a French war; yet, seeing what had occurred in the South Sea Islands, he was almost afraid, if this dreadful case reached the ears of the French Minister-of-War, that some serious con-sequences might accrue. Mr. Knowles, in his peculiar manner, had sneered at the French Nation, and had accused Mr. Tondeur of a want of spirit. He (Mr. Macdowell) regretted that the law had been infringed, and that Mr. Tondeur did not keep his spirit under proper subjection; but, he was free to confess that his client took an ample moral atonement for the gross injury inflicted upon him. Mr. Knowles had described the movements of Mr. Tondeur in an amusing manner certainly, but was that consistent with his (Knowles's) conduct, as regarded the serious nature of his information? thus adding insult to the injury inflicted. But what were the facts of the case? Mr. Knowles, the Reporter of a newspaper, did not deny the application to Mr. Tondeur, who was an amiable man in every respect, and most highly esteemed by all who knew him. As a foreigner, he did not, at first, consider the offensive application, of the article; but, when he was told by certain ladies that it was intended for him, and that Mr. Knowles had positively asserted that the character was intended for him, surely his conduct was most excusable. Mr. Macdowell then stated, that, according to his instructions, he was directed not to call upon certain ladies, who had heard Mr. Knowles acknowledge the application of the article to Mr. Tondeur; but he called upon Mr. Edwin Midwood, who fully proved this fact.
― The defendant was fined one shilling, without costs.
― Rather a singular occurrence took place with respect to this case.
As Mr. Tondeur advanced to the defendant's side of the bar, he picked up a new shilling, and, showing it to the Reporters, said, jokingly, "this will do to pay my fine:" and, so sure as he said, it sufficed for the purpose.
Source: Colonial Times (Hobart, Tas. : 1828 - 1857) Fri 6 Mar 1846 Page 3 Hobart Town police Report.

Extract 2: the insult



Source: Colonial Times Fri 6 Mar 1846 Page 3 Hobart Town police Report.

EXTRACT from above:
... Mr. Tondeur asked witness for an apology for the article he had published in the Courier, holding him up to ridicule, under the designation of Shallabalah, dancing about the office at the time like a doll puppet and moving about his arms and legs, after the manner of the most approved Fantoccini. From the excited state of the defendant, witness could not exactly understand whether Mr. Tondeur wanted witness to acknowledge the authorship of the article, (Punch's letter about the New Norfolk Regatta,) or whether he wished witness to say that he had told several persons that the character of Shallabalah was intended for Mr. Tondeur.

March 7th, 1846: Tondeur fined a shilling
The next day Knowles was reported to fairly gloat that he did indeed refer to Oscar Tondeur as the Punch-and-Judy puppet show character Shallalabah when Tonduer confronted him at the Courier offices on 27th February. Tondeur, for all the trouble, was fined one shilling:
THE " SHALLABALLAH" CASE.- On Wednesday morning last, the Police Office was crowded to hear the case of Knowles v. Tondeur. There was much laughter on the occasion, and Mr. Knowles admitting that subsequently he might have stated that the character of Shallaballah in Punch's report of the New Norfolk Regatta was intended for the defendant, Mr. Tondeur was fined in the lowest penalty.

March 7th, 1846: more detail from the Cornwall Chronicle
HOBART TOWN POLICE REPORT.
WEDNESDAY, MARCH 4.
THE SHALLABALAH CASE. — This case which has occasioned no small stir in our city, came on this day. The parties thus introduced to the notice of the public are Mr. F. Knowles, reporter of the Courier who figured as complainant, and Monsieur Tondeur, merchant who appeared as defendant. The charge arose from the application of a horse whip by Monsieur Tondeur to the shoulders of Mr. Knowles for an Article which appeared in the Courier newspaper, which tended to bring ridicule on the defendant. Mr. Macdowell, on behalf of the defendant, addressed the Bench as follows:— The learned counsel said, that whatever the result of this very important case might be, one thing he was quite satisfied the Bench could not deny - nay, he, (Mr. Macdowell) defied their worships to do so - and that was, to alter the opinion which Mr. Knowles entertained of himself (a laugh.) He (Mr. Knowles) was the only person in this large assembly who contemplated his own character and abilities in the light which he had cast upon it. "Look" said the learned counsel, " upon his demeanour throughout the whole case ; and see how he has played the part of a distinguished "Hero'! He (Mr. Macdowell) hoped that this awful irruption would not lead in a French war; yet, seeing what had occurred in the South Sea Island, he was almost afraid, if this dreadful case reached the ears of the French Minister of War, that some serious consequences might accrue. Mr. Knowles, in his peculiar manner, had sneered at the French nation, and had accused Mr. Tonduer of a want of spirit. He (Mr. Macdowell) regretted that the law had been infringed and that Mr. Tondeur did not keep his spirit under proper subjection , but, he was free to confess that his client took an ample atonement for the gross injury inflicted upon him. Mr. Knowles had, described the movements of Mr Tondeur in an amusing manner certainly, but was that consistent with his (Knowles) conduct, as regarded the serious nature of his information? thus adding insult to the injury inflicted. But what were the facts of the case! Mr. Knowles, the Reporter of a newspaper, did not deny the application to Mr. Tondeur who was an amiable man in every respect, and most highly esteemed by all who knew him. As a foreigner, he did not, at first consider the consider the offensive application of the article ; but, when he was told by certain ladies that it was intended for him, and that Mr. Knowles had positively asserted that ,the character was intended for him, surely his conduct was most excusable. Mr Macdowell then stated, that, according to his instructions he was not to call upon certain ladies who had heard Mr. Knowles acknowledge the application of the article to Mr. Tondeur; but he called upon Mr. Edwin Midwood, who fully proved this fact. - The defendant was fined one shilling, without costs. Rather a singular occurrence took place with respect to this case: As Mr. Tondeur advanced to the defendant's side of the bar, he picked up a new shilling, and, showing it to the Reporter, said, jokingly, "this will do to pay my fine" : and so sure as he said, it sufficed for the purpose.
Source: Cornwall Chronicle (Saturday 7 March 1846, page 181
Link: http://nla.gov.au/nla.news-article66267863

ADDENDA 1:

The Horticultural Show, 6th April 1849



Dahlias originated from Central and South America between Mexico and Colombia.
Local display on show at the Hobart Town Hall 2012
Photo copyright © KLW NFC Imprint 2012

Among the flowers which won won prizes at the Horticultural Show, 6th April 1849 were harlequin and butterfly dahlias imported by Captain Goldsmith, exhibited by Mr. J. Abbott.



TRANSCRIPT
THE HORTICULTURAL SHOW.
This exhibition was well and fashionably attended, although there were not so many ladies as on the previous occasion, which might be accounted for the weather being unfavourable, and the non-attendance of the military band. The show of flowers, fruit, and vegetables was excellent. Mr. Allport's variety of fruit and Mr. Osborne's green peas, together with the choicest description of flowers, gave general satisfaction; the colonial wines, preserves, and pickles were of an order which might nearly defy importation. Too great praise cannot, be given to the Stewards for the manner in which the exhibiting department was conducted.

The following is a list of the PRIZES.
Judges for the Flowers - Messrs, Newman and Young;
Judges for the Fruit - Messrs. Joseph E Hayward, E. Lipscombe, and Bellamy.

FLOWERS
Best collection of fuchsias- Mr. A. Douglass.
Second ditto ditto - Mr T. Smith
Collection of petunias - Mr. T. Smith.
Ditto pansies - Mr T. Smith.
Best wishes (acanthe) - Mr. A. Douglass.
Second ditto (white perfection) - Mr. S. Moses.
Best camelia - Mr. S Moses.
Tropaeolum canariensis- Mr. W. Cato.
Cut exotic - Mr. Douglass.
Budlea Hindleyana - Mr. Douglass.
Best dahlias (harlequin and butterfly, imported by Captain Goldsmith) - Mr. J. Abbott.
Second ditto (butterfly) Mr. G. Grant.
Erica - 'I'. Smith.
Ditto - Mr. V Marshall.
Ditto - Mr J. Wilson . Best schemes (grandiflora) - Mr. T. Smith.
Ditto ditto (longiflora) - Mr. T. Smith.
Treoirana coccinea - Mr. T. Smith
Verbena purpurea - Mr. P. O'Connor.
Rose (Duchess de Lavalaro - Mr. P. O'Connor
Bouquet - Mr. Bellamy.
[etc etc]

FRUITS.
Best collection of fruits, medal to Mr. Allport
Second ditto ditto, 1st prize to Mr. Bellamy.
Third, ditto ditto, 2nd prize to Mr. F. Lipscombe.
Fourth ditto ditto, 3rd prize to Mr. J. Marshall.
Best collection of preserved fruits, medal to Mr H. Lipscombe.
Second ditto ditto, 1st prize to Mr. C. T. Smith
Best collection of apples (22 various)-Mr. Bellamy.
Second ditto ditto (13 various) - Mr. H. Lipscombe.
Third ditto ditto (25 various) - Mr. W. Cato
Best dish of Ribston pippins - Mr. Osborne.
Second ditto ditto Mr. C. T. Smith.
Best French crabs - Mr. Allport.
Second ditto ditto Mr. W. Cato.
Best ditto ditto (1848-9. J. Marshall. Best scarlet pearmain Mr. W. Cato.
Best Newton pippin - Mr. Bellamy.
Second ditto ditto Mr. Allport.
Best stone pippin Mr. Allport.
Best golden pippin Mr. W. Cato.
Best seedling - Mr. Bellamy.
Second best seedling - Mr. V. Cato.
Best dish of apples (New York pippin) Mr. Allport.
Ditto ditto (St. Lawrence) Mr. Allport.
Ditto ditto (cider) Mr. Marshall.
Ditto ditto (crown codlins) Mr. Cato.
Ditto pears (summer boncliretea) Mr, Cato. I
Second ditto ditto Mr. Nutt
[etc etc]

VEGETABLES.
Best cauliflower - Mr. Parker
Second ditto - Mr. Osborne.
Best and second cucumber - Mr. Parker
Third ditto - Mr. Osborne.
Best turnip - Mr. Nutt.
Second ditto - Mr. Osborne.
Third ditto - Mr. Cato.
Best parsnip - Mr. Parker.
Second ditto - Mr. Luckman.
Best, second, and third potatoes - Mr. Parker.
Best cabbage - Mr. Parker.
Second ditto - Mr. Osborne.
Third ditto - Mr. Parker.
Red ditto - Mr. Osborne.
Radishes Mr. Parker.
French beans Mr. Parker.
Second ditto white - Mr. S. Moses.
Third ditto - Mr. Osborne.
Best onions - Mr. Parker.
Second ditto - Mr. Osborne.
Third ditto - Mr. Watkins.
Parsley - Mr. Parker.
Savoys - Mr. Parker.
Best carrots - Mr. Nutt.
Second ditto - Mr. Watkins.
Third ditto - Mr. Bellamy.
Best beet (reducer) . Allport.
Second ditto (golden) Mr. Marshall.
Celery - Mr. Osborne
Peas (Knight's green marrow) Mr. Osborne
Source: Colonial Times (Hobart, Tas. : 1828 - 1857), Friday 6 April 1849, page 2
Link: https://trove.nla.gov.au/newspaper/rendition/nla.news-article8764730

Imports of plants on the Rattler 1847-48
Captain Edward Goldsmith's second voyage from London to Hobart in command of his finest barque, the Rattler, 442/522 tons, arrived on November 11th 1847 with a cargo of merino sheep and exotic plants, some imported at his own expense:
IMPORTATIONS.-We learnt that Captain Goldsmith has brought out in the Rattler, and landed in prime condition, for W. A. Bethune, Esq., a number of pure Merino rams and ewes, as a change of blood in this colony, and for the improvement of the fleece in fine wools. He has also succeeded in bringing into port in a flourishing and healthy state several varieties of new strawberries for T. Horne, Esq.; new kinds of hops for Mr. Sharland; several cases of flowering shrubs and plants for Mr. Newman, of the Royal Botanical Gardens, another for E. P. Butler, Esq., and one, also, for Mr. F. Lipscombe. At his own expense Captain Goldsmith has imported upwards of one hundred varieties of plants and shrubs of the most approved sorts in the English nurseries; ....
Captain Goldsmith's importations, The Courier 17 November 1847
Source; LOCAL. (1847, November 17). The Courier (Hobart, Tas. : 1840 - 1859), p. 2.

Again, on his third voyage to Hobart in command of the barque Rattler, Captain Goldsmith arrived on 4th December 1848 with a wide variety of horticultural imports, many listed by name in the press, some of which were subsequently placed on exhibit at the April 1849 Horticultural Show. Some, however, destined for Frederick Lipscombe's nursery, had perished on route:
IMPORTED PLANTS.- … The flora of this country has also received a great addition by the importation of some plants for Mr. F. Lipscombe in the Rattler, Captain Goldsmith. The following are in good condition :-Lilium rubrum, schimenes picta, campanula novilis, gloxinia rubra, Rollisonii, speciosa alba, and Pressleyans ; anemone japónica, lilium puctata, torenia concolor, lobelia erinus compacta, myasola (a “forget-me not”), and another new specimen of the same; cuphan mineara, weigella roses, phlox speciosa, cuphea pletycentra, lantana Drummondii and Sellowii, phloz rubra, achimines Hendersonii ; with the following camellias – Queen Victoria,- elegans, tricolor, triumphans, speciosa, Palmer’s perfection, and Reevesii. These were all contained, with others, in one case ; they were well established in pots before packing, which has tended to their preservation. Another case contains lemon thyme, sage, and the Mammoth and Elisabeth strawberries. The same course in this instance had not been pursued; the plants were put into mould at the bottom of the case, and in almost every instance have perished. A quantity of carnations unfortunately experienced the same fate. Importers will therefore do well to impress upon their agents in England the necessity of establishing them in pots before packing. In the exportation of Van Diemen’s Land shrubs to the United Kingdom, India, and Mauritius, Mr. Lipscombe always adopts this method, and it is of rare occurrence for any specimen to be lost.
Source: The Hobart Courier, 14 December 1848

Frederick Lipscombe suffered losses to his imports of mammoth strawberries on this voyage of the Rattler. Louis Nathan, Samuel Moses' business partner who was in London at the time, was also disappointed with a case of choice exotic plants - carnations, apparently - he had sent per Rattler which also arrived in poor condition:



TRANSCRIPT
L. Nathan, Esq., of London, sent per Rattler, for the Society's Gardens, a case of choice exotic plant, of which few have survived the voyage.
Mr. Moses has placed on the reservoir in the Society's Gardens a canoe, with outrigger and paddles, picked up by his ship Prince Regent, in latitude south 1 o 25', and in longitude east 171o 45', where it was computed to be 200 miles from land. There was on board the canoe when found three inhabitants of Henderville's Island [Aranuka 15.5 sq kms, an atoll of Kiribati just north of the equator, in the Gilbert Islands] whence they had been drifted in a gale; a fact having an obvious bearing upon the mode by which the Oceanic Islands have been originally peopled.
Source: Proceedings of the Royal Society of Van Diemen's Land for Horticulture, Botany, and the Advancement of Science,1849-1851

Camellia reticulata

Camellia reticulata Lindl. Loiseleur-Deslongchamps, J.L.A., Herbier général de l’amateur. Deuxième Série, vol. 1: t. 2 (1839-50)
Source: http://plantgenera.org/illustration.php?id_illustration=191240, Natural History Museum London

ADDENDA 2:

Charles Dickens and the Punch-and-Judy puppets
John Payne Collier's version of the Punch and Judy show is the earliest English extant version, published in 1828 under the title of "The tragical comedy, or comical tragedy, of Punch and Judy" with drawings by George Cruikshank. According to an article cut from the Guardian (no date) archived at the National Puppetry Archive (UK), Collier's version included -
... the Negro servant who doesn't talk like us - he keeps saying "dis" and "dat" and who in later versions became, for many years, the figure of fun who could only say "shallaballa".
Source: National Puppetry Archive (UK)



Internet Archive 1870 edition: Punch and Judy by Collier, John Payne, 1789-1883; Cruikshank, George, 1792-1878
Link: https://archive.org/details/punchjudy00colluoft/page/n7/mode/2up?q=dis

There is no Cruikshank cartoon of the Shallabalah in this edition. Yet other versions included the character of a foreigner called "Shallabalah, Grand Turk of Senoa", later becoming the character of the Publican (according to Lyn Woolacott). See the puppet designated the Turk at top in ZAPWOW HQ's collection.

In Chapter 16 of Charles Dickens' The Old Curiosity Shop, 13 year-old Nell Trent and her grandfather, who has a gambling addiction and is forced to flee the loan shark Quilp and their comfortable life in the curiosity shop, come across a group of Punch-and-Judy itinerant actors in a church yard who are mending their puppets, a number of which, including the puppet representing the "foreign gentleman", are jumbled together in a long flat box:



Punch in the Churchyard by Hablot Knight Browne (Phiz). Wood engraving, 3 1/8 x 4 1/4 inches (7.9 x 10.9 cm). — Part Ten, Chapter 16, The Old Curiosity Shop. Date of original serial publication: 11 July 1840. Master Humphrey's Clock, no. 14, 177.
Passage Illustrated: The Tawdry Punch-and-Judy Men
The old man and the child quitted the gravel path, and strayed among the tombs; for there the ground was soft, and easy to their tired feet. As they passed behind the church, they heard voices near at hand, and presently came on those who had spoken.

They were two men who were seated in easy attitudes upon the grass, and so busily engaged as to be at first unconscious of intruders. It was not difficult to divine that they were of a class of itinerant showmen—exhibitors of the freaks of Punch — for, perched cross-legged upon a tombstone behind them, was a figure of that hero himself, his nose and chin as hooked and his face as beaming as usual. Perhaps his imperturbable character was never more strikingly developed, for he preserved his usual equable smile notwithstanding that his body was dangling in a most uncomfortable position, all loose and limp and shapeless, while his long peaked cap, unequally balanced against his exceedingly slight legs, threatened every instant to bring him toppling down. lay for the present nearly at his feet-might feel at last that he was clear of London.

In part scattered upon the ground at the feet of the two men, and in part jumbled together in a long flat box, were the other persons of the Drama. The hero’s wife and one child, the hobby-horse, the doctor, the foreign gentleman who not being familiar with the language is unable in the representation to express his ideas otherwise than by the utterance of the word "Shallabalah" three distinct times, the radical neighbour who will by no means admit that a tin bell is an organ, the executioner, and the devil, were all here. Their owners had evidently come to that spot to make some needful repairs in the stage arrangements, for one of them was engaged in binding together a small gallows with thread, while the other was intent upon fixing a new black wig, with the aid of a small hammer and some tacks, upon the head of the radical neighbour, who had been beaten bald. [Chapter XVI, 160-62]
Sources:
The Old Curiosity Shop (25 April 1840-6 February 1841)
https://www.charlesdickenspage.com/punch-and-dickens.html
https://victorianweb.org/art/illustration/phiz/263.html
Source: Gutenberg - https://www.gutenberg.org/files/700/700-h/700-h.htm

Curious? Read Chapter 16 complete::
The sun was setting when they reached the wicket-gate at which the path began, and, as the rain falls upon the just and unjust alike, it shed its warm tint even upon the resting-places of the dead, and bade them be of good hope for its rising on the morrow. The church was old and grey, with ivy clinging to the walls, and round the porch. Shunning the tombs, it crept about the mounds, beneath which slept poor humble men: twining for them the first wreaths they had ever won, but wreaths less liable to wither and far more lasting in their kind, than some which were graven deep in stone and marble, and told in pompous terms of virtues meekly hidden for many a year, and only revealed at last to executors and mourning legatees.

The clergyman’s horse, stumbling with a dull blunt sound among the graves, was cropping the grass; at once deriving orthodox consolation from the dead parishioners, and enforcing last Sunday’s text that this was what all flesh came to; a lean ass who had sought to expound it also, without being qualified and ordained, was pricking his ears in an empty pound hard by, and looking with hungry eyes upon his priestly neighbour.

The old man and the child quitted the gravel path, and strayed among the tombs; for there the ground was soft, and easy to their tired feet. As they passed behind the church, they heard voices near at hand, and presently came on those who had spoken.

They were two men who were seated in easy attitudes upon the grass, and so busily engaged as to be at first unconscious of intruders. It was not difficult to divine that they were of a class of itinerant showmen—exhibitors of the freaks of Punch—for, perched cross-legged upon a tombstone behind them, was a figure of that hero himself, his nose and chin as hooked and his face as beaming as usual. Perhaps his imperturbable character was never more strikingly developed, for he preserved his usual equable smile notwithstanding that his body was dangling in a most uncomfortable position, all loose and limp and shapeless, while his long peaked cap, unequally balanced against his exceedingly slight legs, threatened every instant to bring him toppling down.



In part scattered upon the ground at the feet of the two men, and in part jumbled together in a long flat box, were the other persons of the Drama. The hero’s wife and one child, the hobby-horse, the doctor, the foreign gentleman who not being familiar with the language is unable in the representation to express his ideas otherwise than by the utterance of the word ‘Shallabalah’ three distinct times, the radical neighbour who will by no means admit that a tin bell is an organ, the executioner, and the devil, were all here. Their owners had evidently come to that spot to make some needful repairs in the stage arrangements, for one of them was engaged in binding together a small gallows with thread, while the other was intent upon fixing a new black wig, with the aid of a small hammer and some tacks, upon the head of the radical neighbour, who had been beaten bald.

They raised their eyes when the old man and his young companion were close upon them, and pausing in their work, returned their looks of curiosity. One of them, the actual exhibitor no doubt, was a little merry-faced man with a twinkling eye and a red nose, who seemed to have unconsciously imbibed something of his hero’s character. The other—that was he who took the money—had rather a careful and cautious look, which was perhaps inseparable from his occupation also.

The merry man was the first to greet the strangers with a nod; and following the old man’s eyes, he observed that perhaps that was the first time he had ever seen a Punch off the stage. (Punch, it may be remarked, seemed to be pointing with the tip of his cap to a most flourishing epitaph, and to be chuckling over it with all his heart.)

‘Why do you come here to do this?’ said the old man, sitting down beside them, and looking at the figures with extreme delight.

‘Why you see,’ rejoined the little man, ‘we’re putting up for to-night at the public-house yonder, and it wouldn’t do to let ‘em see the present company undergoing repair.’

‘No!’ cried the old man, making signs to Nell to listen, ‘why not, eh? why not?’

‘Because it would destroy all the delusion, and take away all the interest, wouldn’t it?’ replied the little man. ‘Would you care a ha’penny for the Lord Chancellor if you know’d him in private and without his wig?—certainly not.’

‘Good!’ said the old man, venturing to touch one of the puppets, and drawing away his hand with a shrill laugh. ‘Are you going to show ‘em to-night? are you?’

‘That is the intention, governor,’ replied the other, ‘and unless I’m much mistaken, Tommy Codlin is a calculating at this minute what we’ve lost through your coming upon us. Cheer up, Tommy, it can’t be much.’
The little man accompanied these latter words with a wink, expressive of the estimate he had formed of the travellers’ finances.

To this Mr Codlin, who had a surly, grumbling manner, replied, as he twitched Punch off the tombstone and flung him into the box, ‘I don’t care if we haven’t lost a farden, but you’re too free. If you stood in front of the curtain and see the public’s faces as I do, you’d know human natur’ better.’

‘Ah! it’s been the spoiling of you, Tommy, your taking to that branch,’ rejoined his companion. ‘When you played the ghost in the reg’lar drama in the fairs, you believed in everything—except ghosts. But now you’re a universal mistruster. I never see a man so changed.’

‘Never mind,’ said Mr Codlin, with the air of a discontented philosopher. ‘I know better now, and p’raps I’m sorry for it.’

Turning over the figures in the box like one who knew and despised them, Mr Codlin drew one forth and held it up for the inspection of his friend:

‘Look here; here’s all this Judy’s clothes falling to pieces again. You haven’t got a needle and thread I suppose?’

The little man shook his head, and scratched it ruefully as he contemplated this severe indisposition of a principal performer. Seeing that they were at a loss, the child said timidly:

‘I have a needle, Sir, in my basket, and thread too. Will you let me try to mend it for you? I think I could do it neater than you could.’

Even Mr Codlin had nothing to urge against a proposal so seasonable. Nelly, kneeling down beside the box, was soon busily engaged in her task, and accomplishing it to a miracle.

While she was thus engaged, the merry little man looked at her with an interest which did not appear to be diminished when he glanced at her helpless companion. When she had finished her work he thanked her, and inquired whither they were travelling.

‘N—no further to-night, I think,’ said the child, looking towards her grandfather.

‘If you’re wanting a place to stop at,’ the man remarked, ‘I should advise you to take up at the same house with us. That’s it. The long, low, white house there. It’s very cheap.’
The old man, notwithstanding his fatigue, would have remained in the churchyard all night if his new acquaintances had remained there too. As he yielded to this suggestion a ready and rapturous assent, they all rose and walked away together; he keeping close to the box of puppets in which he was quite absorbed, the merry little man carrying it slung over his arm by a strap attached to it for the purpose, Nelly having hold of her grandfather’s hand, and Mr Codlin sauntering slowly behind, casting up at the church tower and neighbouring trees such looks as he was accustomed in town-practice to direct to drawing-room and nursery windows, when seeking for a profitable spot on which to plant the show.

The public-house was kept by a fat old landlord and landlady who made no objection to receiving their new guests, but praised Nelly’s beauty and were at once prepossessed in her behalf. There was no other company in the kitchen but the two showmen, and the child felt very thankful that they had fallen upon such good quarters. The landlady was very much astonished to learn that they had come all the way from London, and appeared to have no little curiosity touching their farther destination. The child parried her inquiries as well as she could, and with no great trouble, for finding that they appeared to give her pain, the old lady desisted.

‘These two gentlemen have ordered supper in an hour’s time,’ she said, taking her into the bar; ‘and your best plan will be to sup with them. Meanwhile you shall have a little taste of something that’ll do you good, for I’m sure you must want it after all you’ve gone through to-day. Now, don’t look after the old gentleman, because when you’ve drank that, he shall have some too.’

As nothing could induce the child to leave him alone, however, or to touch anything in which he was not the first and greatest sharer, the old lady was obliged to help him first. When they had been thus refreshed, the whole house hurried away into an empty stable where the show stood, and where, by the light of a few flaring candles stuck round a hoop which hung by a line from the ceiling, it was to be forthwith exhibited.

And now Mr Thomas Codlin, the misanthrope, after blowing away at the Pan’s pipes until he was intensely wretched, took his station on one side of the checked drapery which concealed the mover of the figures, and putting his hands in his pockets prepared to reply to all questions and remarks of Punch, and to make a dismal feint of being his most intimate private friend, of believing in him to the fullest and most unlimited extent, of knowing that he enjoyed day and night a merry and glorious existence in that temple, and that he was at all times and under every circumstance the same intelligent and joyful person that the spectators then beheld him. All this Mr Codlin did with the air of a man who had made up his mind for the worst and was quite resigned; his eye slowly wandering about during the briskest repartee to observe the effect upon the audience, and particularly the impression made upon the landlord and landlady, which might be productive of very important results in connexion with the supper.

Upon this head, however, he had no cause for any anxiety, for the whole performance was applauded to the echo, and voluntary contributions were showered in with a liberality which testified yet more strongly to the general delight. Among the laughter none was more loud and frequent than the old man’s. Nell’s was unheard, for she, poor child, with her head drooping on his shoulder, had fallen asleep, and slept too soundly to be roused by any of his efforts to awaken her to a participation in his glee.

The supper was very good, but she was too tired to eat, and yet would not leave the old man until she had kissed him in his bed. He, happily insensible to every care and anxiety, sat listening with a vacant smile and admiring face to all that his new friend said; and it was not until they retired yawning to their room, that he followed the child up stairs.

It was but a loft partitioned into two compartments, where they were to rest, but they were well pleased with their lodging and had hoped for none so good. The old man was uneasy when he had lain down, and begged that Nell would come and sit at his bedside as she had done for so many nights. She hastened to him, and sat there till he slept.

There was a little window, hardly more than a chink in the wall, in her room, and when she left him, she opened it, quite wondering at the silence. The sight of the old church, and the graves about it in the moonlight, and the dark trees whispering among themselves, made her more thoughtful than before. She closed the window again, and sitting down upon the bed, thought of the life that was before them.

She had a little money, but it was very little, and when that was gone, they must begin to beg. There was one piece of gold among it, and an emergency might come when its worth to them would be increased a hundred fold. It would be best to hide this coin, and never produce it unless their case was absolutely desperate, and no other resource was left them.

Her resolution taken, she sewed the piece of gold into her dress, and going to bed with a lighter heart sunk into a deep slumber.
End of Chapter 16, The Old Curiosity Shop, Charles Dickens. 1840-1841
Source: Gutenberg - https://www.gutenberg.org/files/700/700-h/700-h.htm



In this three hour 1995 television series of The Old Curiosity Shop, the Punch and Judy puppeteers first appear on the scene at 49 minutes.36 seconds .
Link: YouTube: https://youtu.be/YXlWEeF7B5o

RELATED POSTS main weblog

Monday, June 14, 2021

Captain Goldsmith's "private friend" Edward Macdowell 1840s

Captain EDWARD GOLDSMITH master mariner, testimonial 1849
Attorney-General and barrister EDWARD MACDOWELL, cases 1840-1849
The mistrial of JOHN BUCHANAN indicted for rape of a child 1849



Edward Macdowell (1798–1860)
Source: Archives Office Tasmania RT52475

A Private Friend
In January 1849 Elizabeth Rachel Nevin's uncle, merchant mariner Captain Edward Goldsmith, was presented with a silver goblet as a token of appreciation for his services to the colony of Van Diemen's Land's horticultural enterprises. The occasion was scheduled to take place on Wednesday, 17th January 1849 with Captain Goldsmith's "private friend", barrister Edward Macdowell, nominated to make the presentation, but he was otherwise "engaged in Court." Edward Macdowell was at the Supreme Court Hobart acting as counsel in the defense of John Buchanan, charged with the rape of a six year old child, reported in the press as either Mary Ann Challenor or Challender. Presentation of the goblet to Captain Goldsmith proceeded with Mr. W. Carter in Edward Macdowell's absence.

TRANSCRIPT
TESTIMONIAL TO CAPTAIN GOLDSMITH.-A handsome twelve-ounce silver goblet was presented to Captain Goldsmith on Wednesday, last, as a testimonial in acknowledgment of the services he has rendered to floral and horticultural science in Van Diemen's Land, by importing rare and valuable plants from England. The expenses incurred were defrayed by private subscription. The testimonial was presented by W. Carter, Esq., in the name of the subscribers, who observed that he had hoped the task would have been committed to abler hands. Mr. Macdowell, who was engaged in Court, he said, had been first deputed to present the testimonial, as being a private friend of Captain Goldsmith. A token twenty times the value would no doubt have been obtained had the subscribers publicly announced their intention.

- Upon receiving the cup, Capt. Goldsmith remarked that he would retain the token until death ; and, with reference to some observations made by Mr. Carter, intimated it was not improbable he should next year, by settling in Van Diemen's Land with Mrs. Goldsmith, become a fellow-colonist.

- The goblet, which was manufactured by Mr. C. Jones, of Liverpool-street, bears the following inscription:-"Presented to Captain Goldsmith, of the ship Rattler, as a slight testimonial for having introduced many rare and valuable plants into Van Diemen's Land. January, 1849." The body has a surrounding circlet of vine leaves in relief. The inscription occupies the place of quarterings in a shield supported the emu and kangaroo in bas relief, surmounting a riband scroll with the Tasmanian motto-" Sic fortis Hobartia crevit." The foot has a richly chased border of fruit and flowers. In the manufacture of this cup, for the first time in this colony, the inside has undergone the process of gilding. As heretofore silver vessels of British manufacture have taken the lead in the market through being so gilt, it is satisfactory to find that the process is practically understood in the colony, and that articles of superior workmanship can be obtained with out importation.
Testimonial to Captain Goldsmith
LOCAL. (1849, January 20). The Courier (Hobart, Tas. : 1840 - 1859), p. 2.

http://nla.gov.au/nla.news-article2967009

So who was Edward Macdowell, and what did the phrase "private friend" denote exactly, in 1849?

1840: Distillers' claims
Merchant mariner Captain Edward Goldsmith was a licensed wholesaler of liqour. His premises at 19 Davey St. Hobart were next door to John Leslie Stewart's brewery. They would have been among those affected by Governor Sir John Franklin's 1840 proposed bill to impose excise duties on distillers if Edward Macdowell, Attorney-General, had not protested. This account of Macdowell's role in the protest was published in 1884 by James Fenton:

The condition of the finances occasioned Sir john Franklin much difficulty during the first two years of his administration. The revenue derived from Customs, although annually on the increase, was still found inadequate to meet the expenditure incidental to the growing wants of the colony. Under the existing form of government direct taxation was impracticable. It was therefore determined to prohibit local distillation, on the assumption from ascertained facts that the excise duties were in many instances evaded by the distillers, and that its total suppression would largely benefit the revenue.
The question of compensation to the distillers, who would thus be injuriously affected, created a diversity of opinion in the Council. Pedder, the Chief Justice, who held a seat in the Legislature, strongly opposed the proposal to leave the matter of compensation to a committee appointed by the Executive, urging the principle that such claims should be settled by a jury. Mr. Edward Macdowell, the Attorney General, also objected to the proposals of the Governor as embodied in the bill before the Council, on account of their apparent injustice. As Attorney-General Mr. Macdowell was expected to support measures submitted by the Governor. Under the existing system there was no room for the exercise of conscience, he was therefore requested to resign his office. The Secretary of State being appealed to, approved the principle thus laid down, that it was the duty of a member of the Government to support its measures. By a strange concession to expediency His Honor the Chief Justice was made an exception to this rule. Franklin had ultimately to abandon the objectionable clauses of his bill, and after much delay the claims of the distillers, amounting to £7,431, were paid.

Source: Fenton, James (1884) A History of Tasmanian from its Discovery in 1642 to the Present Time. pp 150 -151
Cited by : http://www5.austlii.edu.au/au/journals/AUColLawMon/1884/2.pdf

1848: Sir William Denison's "private friend"
The term "private friend" in the 1840s referred to those of the same social class who were not their professional advisers, clients or beneficiaries in a legal sense. The term applied to both men and women in mixed or same gender relationships. In the 1850s, a private friend of a sex worker was the lover kept separate from the business: (Sanger, History of Prostitution, 1858). In colonial Hobart, the term "private friend" could mean someone held with affection in a relationship that was beneficial to both parties, but in at least once case, it denoted corruption involving Sir William Denison and his private friend Peter Degraves (1778–1852).

In 1848, the water course, called the town tunnel conveying the water supply to Hobart from kunanyi/Mt. Wellington along the Hobart Rivulet was closed, so as to divert water for use at Degrave's manufactories and mills (now the Cascades Brewery). The press used the term "private friend" to describe the cosy relationship between businessman Peter Degraves and the Lieutenant-Governor Sir William Denison who was seen to permit it in violation of the Queen's law.



Diversion of Hobart Rivulet
Source: Hobarton Guardian, or, True Friend of Tasmania (Hobart, Tas.), Saturday 30 September 1848, page 2

TRANSCRIPT

RIGHTS OF THE INHABITANTS TO AN INDEPENDENT SUPPLY OF WATER
... Sir W. Denison appears to have wilfully confounded two properties belonging to the inhabitants, which are quite distinct - namely, the whole water of the Hobart Town rivulet, and the town tunnel or water course, by which the water was for so many years conveyed into the town - both belong to the citizens, and they demand the restoration of both, which his Excellency has permitted a private friend of his own to usurp.

Sir W. Denison may speak of the tunnel with as much contempt as he treats the inhabitants — he may term it a ditch, or call it by any other name he chooses, but he will not by such means alter facts. It is, however, much to be regretted that accuracy is so completely disregarded. The tunnel is a covered drain and not a ditch. The ditch is that, by which the water after passing through Mr. Degraves' manufactories and over his mill wheel, is conveyed into the temporary wooden box, termed the reservoir, from which the inhabitants are now wholly supplied, and into the said ditch, the workmen were in the habit of "emptying" themselves. The tunnel or water course by which the inhabitants were supplied for so many years with water, was considered by the legislature of sufficient importance to be vested in the Queen, notwithstanding the contemptuous manner His Excellency may allude to Her Majesty's property; and the legislature also enacted, that if any person wilfully prevented the flow of water to, or diverted the water from any such tunnel or water course, every person so offending, shall, upon conviction, forfeit and pay for every such offence a penalty or sum not exceeding fifty pounds.— This is the law. We believe that Sir W. Denison, by a solemn oath, pledged himself to administer the law faithfully and impartially — but instead of doing so, he has, for the last twenty months openly protected an individual in setting the law at defiance, and in usurping the property of Her Majesty...
Source: Hobarton Guardian, or, True Friend of Tasmania (Hobart, Tas.), Saturday 30 September 1848, page 2

This ongoing problem of contamination of the Hobart Rivulet water supply to residences in Davey Street may have caused the death from typhus of Captain Edward Goldsmith's elder son Richard Sydney Goldsmith in mid-1854. In its course from the foothills of kunanyi/Mt. Wellington to the River Derwent it was used as a sewerage channel. After extensive rainfall and flooding throughout March 1854, Captain Goldsmith petitioned the Hobart City Corporation on behalf of residents to lay down water pipes to contain the sewerage on the one hand, and provide clean water for household use.

Edward MacDowell (1798–1860)
See Addenda below for biographical details. Edward Macdowell was -
  • barrister (1833-1855) Tasmania, Australia
  • solicitor-general (1833-1837) Tasmania, Australia
  • public servant (1837-1841) Tasmania, Australia
  • public servant (1845-1855) Tasmania, Australia
  • crown solicitor (1851-1855) Tasmania, Australia
  • barrister (1855-1860) Victoria, Australia
THE LETTER from CHARLES BUTLER
Below is an extract from a private letter addressed to Bishop Montgomery, written by 82 year old solicitor Charles Butler of Ellerslie, Hampden Road, Battery Point, Tasmania. The letter was in response to a request by the Bishop for an account of some of Tasmania's prominent early colonists dating from Charles Butler's arrival in Hobart in 1835. Butler started the letter on 27 November 1902 and finished it on 28 December 1902, although the original request from the Bishop was sent in June 1899. He duly acquitted the task with short biographies of Bishop Nixon, Mr McLachlan, Captain George Read, Captain Swanston, Mr. John Learmouth, Sir Alfred Stephen, Thomas George Gregson, George Meredith and Edward Macdowell on whom he showered faint praise.



TRANSCRIPT
2nd. Decr. 1902.
Edward Macdowell was Attorney-General, a Barrister of great eloquence, a very handsome Irishman but not a good lawyer and not a worker. He would at times go into Court without looking at his brief or scarcely so pick up the merits of the case during its progress and make a splendid reply at the conclusion. He was I believe a University man highly educated but without application. He married Capt. Swanston's daughter.

The Governor then here wished to carry some particular measure in Parliament to which Mr. M. was opposed and it was arranged that Mr. M. should resign, and the Solr Genl be appointed in his place and when the matter was carried the Solr should resign and Macdowell be reappointed, which was done but the Secretary of State refused to confirm the re-appointment and both Atty and Solr Genl lost their offices. Mr. Macdowell practiced for some years here and then went to Victoria. He had a bad failing and lost much of his position which no doubt caused him to fail in that Colony in the practice of his profession. I heard he died there in bad circumstances and miserably.
Typescript of letter from Charles Butler to Bishop Montgomery re reminiscences of early colonists -
Bishop Nixon, C. McLachlan, Capt G. F. Read, Captain Swanston, John Learmouth, Sir Alfred Stephen, Edward Macdowell, T. G. Gregson, G. Meredith.
Source: Archives Office of Tasmania Ref: NS2122/1/7
Series: Information Folders relating to Tasmanian Subjects of Historical Interest -
Edward Macdowell, p. 5

Charles Butler penned this paragraph about Edward Macdowell in 1902 from the comfort of these rooms at Ellerslie, Hampden Road, Battery Point, Tasmania.



Charles Butler' and family on steps of 'Ellerslie', Hampden Road, Battery Point 
Stereoscopic photograph attributed to Morton Allport.
Item Number:NS2217/1/1
Date:09 Nov 1864
Butler Family Photographs. (NS2217)01 Jan 1840-31 Dec 1979
View online: https://stors.tas.gov.au/AI/NS2217-1-1





Source of photographs: Butler Family Photographs (NS2217) Archives Office of Tasmania
Stereograph: NS2217-1-1
View of Ellerslie, Battery Point: PH30-1-336
Ellerslie rooms: PH30-1-4371 and PH30-1-4372

The person - most likely a member of the legal fraternity - who transcribed the verso of this unattributed photograph of barrister and Attorney-General Edward Macdowell was also sceptical of Edward Macdowell's character, seemingly to mock the good opinion of him held by Tasmanian Surveyor-General James Erskine Calder with this quote: -
"The noblest, the best and the bravest." So thought James E. Calder!
The sender of the photograph to recipients unknown dated it 16 June 1875, fifteen years after Edward Macdowell died, aged 62 yrs in 1860. No photographer's stamp or mark is visible which could accurately date and place the photograph, but it was probably taken soon after his relocation to Melbourne in 1855.



Recto: Edward Macdowell (1798–1860)
Source: Archives Office Tasmania RT52475
Verso inscription: "Edward Macdowell Barrister 16 June 1875
'The noblest, the best and the bravest.'
So thought James E. Calder!" i.e. reference to James Erskine Calder (1808–1882)

READER ALERT: you may find the rest of this post confronting and distressful.

The Case of John Buchanan,1849
On the day he was nominated to present Captain Edward Goldsmith with the specially crafted silver goblet, Edward Macdowell was otherwise engaged at the Supreme Court Hobart acting as counsel in the defense of John Buchanan who was charged with the rape of a six year old child.

These newspaper reports detailed the case over several days in January 1849. The first witness was the girl's mother. The success or failure of the trial to pass the death sentence on John Buchanan would pivot on Macdowell's argument that little credit was to be placed on the child's statement.



Hobarton Guardian, or, True Friend of Tasmania (Hobart, Tas.) Sat 20 Jan 1849 Page 4 Wednesday

TRANSCRIPT
SUPREME COURT
Criminal Sittings
Wednesday, 17th
Before his Honor the Chief Justice
The jury in the preceding case, sworn yesterday, then took their seats in the jury box, and - John Buchannan [sic] was placed in the dock, charged with having committed a rape on Mary Ann Challenor, (a child six years' and a half old) on the 24th day of December last. The prisoner pleaded not guilty. Mary Blakley, (mother of the girl), on being sworn said — I am the wife of John Blakley, carpenter. I have been married twice. The name of my first husband was John Challenor. I have a daughter (now 6 years and 5 months old) by him. I have been residing at No. 3, Old Market place, and my daughter with me. I know the prisoner at the bar about 18 months. I remember the Sunday before Christmas day (here Mrs Blakley was much effected) he walked into the house, and sat d down. He asked for the little girl, I told him she was at chapel. He said he had some lolleys for her, and he wished to see her, he had a great "liking for her". He remained about a quarter of an hour, when the children returned. He said to the little girl "do you know me?" She said no. I also asked her if she knew him, She again said no. He then took her between his legs and gave her lolleys. He said he had been on board the "Bandicoot" repairing her. He had some shells, and asked the girl would she like some. She said yes. He said if Mary Ann Challenor would go to his room in Collins-street, he would give her some. I allowed her to go accompanying my three other children. My son Thomas went, and I gave him strict orders not to lose sight of his sister. The prisoner at the bar took my daughter by the hand. It was about half in hour before I saw my daughter again. The prisoner brought her back to my house, accompanying the other three children. He remained about a quarter of an hour at my house. When the child returned she had three shells, and said she had 2d. but spent it. On the Wednesday morning I observed my daughter looked pale; and had asked her what was the matter.
Mr. MacDowell here made some remarks as to the length of time that had elapsed before there was any notice taken of the affair, and objected to what the girl told her mother, being put in as evidence. It was however overruled by the court.
Mary Ann Blakley continued - I examined my daughter, I found she was in a very bad state. [Here a conversation took place which is totally unfit for publication]. On the Wednesday I examined her linen and found it much stained. I then examined the linen she took off on the Saturday, but it was not at all stained. On Thursday morning I took her to Dr. Bright. No one but myself had examined her previous to that time. Dr. Bright examined her in my presence. I saw Dr. Seccombe examine her at the police office. My daughter May Ann did not see the prisoner at the bar again from the Sunday until the day of examination at the police office.
Mr. Macdowell cross-examined this witness at great length, during which she made several direct contradictions....
... Mary Ann Challenor, an interesting looking child was then called and His Honor then examined her as to speaking the truth, when he directed she should be sworn. She then related the manner in which the prisoner committed the offence....
William Daley, of the detective, on being sworn, stated that the child , Mary Ann Challenor, took him to Mr. Phipp's yard, and pointed out a closet where the prisoner committed the act with which he is charged, Dr. Bright was next sworn, whose testimony went to show that the offence had been committed, and that the child was labouring under a loathsome disease.
Dr. Seccombe then swore that the prisoner was labouring under a nameless disease. Thomas Clarkson, constable, was called, sworn and said — I apprehended the prisoner on the 26th December last, I told him I apprehended him for feloniously assaulting Mary Ann Challoner, a child, on the 17th Dec. last. The prisoner said oh, very well, I will go. The prisoner also said, how is it possible they can charge me with it. I took the child home to give her some shells. Mr. Macdowell at great length endeavoured to show that little credit was to be placed on the child's statement, and hoped the jury would take this into consideration. The learned Judge summed up very minutely, and the jury retired for about half an hour, when they returned and found a verdict of guilty.
Source: "Wednesday, 17th." Hobarton Guardian, or, True Friend of Tasmania (Hobart, Tas. : 1847 - 1854) 20 January 1849: 4. Web. 13 Jun 2021
http://nla.gov.au/nla.news-article163503711.

RECORDS at ARCHIVES OFFICE of TASMANIA
John Buchanan, born Scotland in 1829, arrived at Hobart, Van Diemen's Land, as a prisoner on the Ratcliffe (2), 12 November 1848. He was remanded for the sexual assault of a six year old girl Mary Ann Challenor in 1849 and released due to a judicial error. In 1866 he was sentenced to 4 years for burglary. He died on 22nd August 1892 of senile debility, aged 62 years, at the New Town Charitable Institute, Hobart.

Transport conduct record 1848:
Link: https://stors.tas.gov.au/CON33-1-91$init=CON33-1-91p38

Court records January 1849:
Link 1 https://stors.tas.gov.au/SC32-1-6$init=SC32-1-6p131jpg
Link 2 https://stors.tas.gov.au/SC32-1-6$init=SC32-1-6p132jpg
Link 3 https://stors.tas.gov.au/SC32-1-6$init=SC32-1-6p133jpg



Court record January 17th and 19th 149
Archives Office Tasmania
Link: http://stors.tas.gov.au/SC32-1-6$init=SC32-1-6p132jpg

TRANSCRIPT
Page 109 (on left)
Wednesday the 11th January 1849
The Court met this morning at 10 o'clock
Before His Honor the Chief Justice
Jury (same as in no. 1)
3. John Buchanan assaulting & carnally knowing one Mary Ann Challender an Infant under 10 yrs of age to wit 6 yrs of age
Verdict: Guilty - rem?
[Annotation] Mr. Macdowell appeared for the prisoner.
The case for the pros. closed at 1/2 p. 3pm & the address for the Def. closed at 4pm His Honor commenced his charge to the Jury & closed at 1/4 to 5, who at 5pm [?]

Page 110 (on right)
Friday the 19th day of January 1849
The Court met this day at 12 o'clock
Before both His Honors -
Upon John Buchanan being placed at the bar. His Counsel (Mr Macdowell) moved that no Judgement be passed on the prisoner on the ground of testimony of the pris. being irregularly received on his trial
Mr. Atty General was heard in support of Judgement passed on the prisoner.
The prisoner was remanded.


TRANSCRIPT
SUPREME COURT.CRIMINAL SITTINGS.
WEDNESDAY. JANUARY 17
Before His Honor the Chief Justice.
The following jury were sworn - J. Aldridge (foreman), R. McCracken. P. Dudgeon, J. W. Woolley, J. Belbin, J. Robinson. T. Vigar, J. Abbott, E. Ivey, J. McConnell, G. Rolwegan, J. Regan.
John Buchanan was found Guilty of having on the 17th December last, criminally assaulted a child six years of age, named Mary Challender. The particulars of the case are totally unfit for publication.
Source: Colonial Times (Hobart, Tas. ) Fri 19 Jan 1849 Page 2
SUPREME COURT.—CRIMINAL SITTINGS
https://trove.nla.gov.au/newspaper/article/226536818

How John Buchanan escaped hanging
A technical error on the part of the judge in this instance led to a pardon pending for the rapist John Buchanan. It was noted he had been capitally convicted of a similar offence in England but escaped punishment "by a technical error". He managed again to escape punishment in the Hobart Supreme Court on a judicial error.



Britannia and Trades' Advocate (Hobart Town, Tas. : 1846 - 1851), Thursday 18 January 1849, page 2

TRANSCRIPT
Wednesday, Jan. 7. John Buchanan was indicted for a rape on the person of a little girl between 6 and 7 years old, on Sunday the 17th. December last. It appeared from the evidence that the prisoner called at the house of the child's mother, living in the Old Market Place, on the Sunday evening, and under pretence of giving the little girl some shells, took her with him up Collins-street. The mother not suspecting any bad intention in the prisoner, allowed the child, in company with her brother, 10 years old, and another little brother and sister, to go. The prisoner gave the boy a halfpenny to get lollipops at the corner of Melbourne-street, and leaving the other two children while the boy in went to the shop, took the little girl into some premises in that street, and perpetrated the deed. The medical testimony of Drs. Bright and Seecombe established the completion of the offence. The circumstance was discovered by the mother on the following Wednesday, from the injury to the child's health. The evidence in this atrocious case is unfit for publication. The trial lasted till five in evening, when the jury returned a verdict of guilty against the prisoner. He was remanded for sentence. Mr. Macdowell appeared for the defence.
[We understand the prisoner, who is about 45 years of age, was capitally convicted in England for a similar offence but escaped punishment by a technical error. - Eb. B]
Source: Colonial Times (Hobart, Tas.) Fri 26 Jan 1849 Page 2 Domestic Intelligence.



The prisoner awaits a pardon, because the Court has erred on a technical issue
Source: The Britannia and Trades' Advocate (Hobart Town, Tas) Thu 25 Jan 1849 Page 2

TRANSCRIPT
SUPREME COURT.
Wednesday, Jan. 24.
At 12 o'clock their Honours the Chief Justice and Puisne Judge took their seat upon the bench.
The prisoner Buchanan was placed in the dock.
The Chief Justice recapitulated the circumstances of the trial, reviewing the authorities and their application to the present case. He admitted he was wrong in denying the prisoner, by his counsel, the undoubted right he had to examine the witness when put into the witness-box, bible in hand, previous to being sworn, ; as to the witness's competency to take an oath and knowledge of its moral and binding force. The modern practice in England was for the judge at his discretion to examine the witness before the bill went to the grand jury. His reason for having refused to allow the prisoner's counsel to examine the witness in this ease as to competency, was, that he thought such an examination might defeat his own decision previously given on the subject. He had erred, and it was to be regretted.
The Puisne Judge agreed with the Chief Justice s decision; he likewise stated he had consulted Sir Alfred Stephens, who concurred with him in his opinion.
The prisoner was then remanded to the custody of the Sheriff, pending a pardon. The Attorney-General wished their Honours to direct the prosecution of the prisoner for an assault, but they declined.



Edward Macdowell advises that John Buchanan walk free
Colonial Times (Hobart, Tas.) Fri 26 Jan 1849 Page 2 Domestic Intelligence.

TRANSCRIPT
SENTENCES - ... John Buchanan, for a capital offence upon a child six years old, was found guilty by a highly respectable jury, without the slightest recommendation to mercy. The judges have since agreed with Mr. Macdowell that the prisoner ought not to be executed, but be sent to Norfolk Island, there to pass a few months, which he has to serve previous to becoming free ; so that a very short period will elapse, when this filthy disgrace to manhood will, perhaps, again be committing those diabolical crimes which can only be thought of with horror.
Colonial Times (Hobart, Tas.) Fri 26 Jan 1849 Page 2 Domestic Intelligence.
POSTSCRIPT.
Buchanan, the man convicted and sentenced to death the other day for a capital offence upon a child six years old, has had another narrow escape, the Judges having decided that the conviction was wrong, on the ground that the Court had refused to allow Mr. Macdowell to examine the principal witness as to competency. The conviction was quashed, and the prisoner remanded, with the understanding that he is to be sent to Norfolk Island, until he becomes free, which will be in a few months.
Source: Cornwall Chronicle (Launceston, Tas. : 1835 - 1880), Saturday 27 January 1849, page 4

John Buchanan, ship to colony Ratcliffe 2, was sentenced to 4 years for burglary at the Quarter Sessions Court Launceston on 11th June 1866 and released from the Hobart Gaol on 29th September 1869. He was 41 yrs old. Buchanan may have committed further sexual assaults on children without detection, and indeed more burglaries before his death as a pauper at the New Town Charitable Institute in 1892.



Discharge of John Buchanan, 4yrs for burglary
Police Gazette Tasmania1 October 1869

1843: Edward Macdowell's defence of Martin Cash
An earlier case involving murder established Edward Macdowell's reputation for defending the indefensible and winning at sensational trials.

TRANSCRIPT
R. v. Kavenagh
bushranging, Cash, Martin, murder, mens rea, hue and cry, self defence, Port Arthur, conditions at, capital punishment, dissection, capital punishment, time of execution, robbery on highway, Crown mercy
Supreme Court of Van Diemen's Land
Montagu J., 6 and 7 September 1843
Source: Hobart Town Advertiser, 8 September 1843[1]

TRIAL OF MARTIN CASH, FOR MURDER
The avenues to the Court were crowded this morning long before ten o'clock, the hour of adjournment. On the opening of the doors the floor of the Hall of Justice was instantly filled by an anxious audience, (among whom were many females), to hear the trial of the notorious Martin Cash, whose lawless career has obtained for him "a bad eminence" among all friends of peace and order.
His Honor, Mr. Justice Montagu, took his seat precisely at ten o'clock. From the excellent arrangement made by the Under Sheriff, the javelin men prevented the Court from being over crowded, and although hundreds, composing "the pressure from without", were disappointed in obtaining admission, yet the expediency of the precautions taken were evident in the preservation of order and silence throughout the entire proceedings.
On the bench, with the learned Judge, sat J. Burnett, Esq., Sheriff of the colony; and J. Hone, Esq., Master of the Court.
The Attorney General conducted the prosecution, near whom we observed, during the whole of the day, the Solicitor General.

Mr. Macdowell appeared for the defence.
We were sorry to observe that this able advocate is labouring under severe indisposition and hoarseness. At Mr. Macdowell's request, all witnesses in the case were directed to leave the Court.
The prisoner, "the observed of all observers," was then directed to be brought in, and placed in the dock. He was dressed in a good suit of sailor's clothes, which he wore when captured; and maintained the same self possession which characterised his demeanor when the Coroner held his inquisition.
The Clerk of the Court, then read the information, which contained but one count. It charged the prisoner, Martin Cash, with having on the 29th August last, in and upon one Peter Winstanley, discharged a certain pistol, loaded and charged with gunpowder, and one leaden bullet, inflicting a mortal wound on the left breast, of which mortal wound the said Peter Winstanley, until the 31st day of the same month did languish, and languishing did live; and on the same day of the same mortal wound died; and that on the day above-named, the prisoner Martin Cash, the said Peter Winstanley, feloniously, wilfully, and with malice aforethought, did kill and murder, against the peace of our Lady the Queen, her Crown and dignity.
The prisoner, with great promptness, and in a confident tone, pleaded Not Guilty.
Source: Hobart Town Advertiser, 8 September 1843[1]
Read the rest of this case here: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/tas/TASSupC/1843/39.html?



TITLE: Thomas Bock - Sketches of Tasmanian Bushrangers, ca. 1823 - 1843
CALL NUMBER: DL PX 5
IE NUMBER: IE1076928
FILE NUMBER: FL1076998
FILE TITLE: f.3 Martin Cash
Source: https://archival.sl.nsw.gov.au/Details/archive/110327187, State Library of New South Wales

Addenda

1. BIOGRAPHY: Edward MACDOWELL (1798–1860)
Source: Australian Dictionary of Biography
https://adb.anu.edu.au/biography/macdowell-edward-2397
Edward Macdowell (1798-1860), barrister, and Thomas Macdowell (1813-1868), newspaper editor, were the sons of John and Susan Macdowell of Marlton, near Wicklow, Ireland. Edward was called to the Bar at the Middle Temple in 1824 and served for some years on the Midland Circuit before he was appointed solicitor-general of New South Wales in 1830. He lost this position when he failed to take up his duties promptly, and had to accept instead the less remunerative solicitor-generalship of Van Diemen's Land. He held office from January 1833 to September 1837 when he succeeded Alfred Stephen as attorney-general. In December 1838 his brother Thomas joined him in Van Diemen's Land.

Thomas, who had worked in London as a reporter on the Constitutional, began his newspaper career in the colony early in 1839 as editor of the Hobart Town Courier under the conductorship of William Elliston. In July 1841 he founded the Van Diemen's Land Chronicle and remained in charge until it ceased publication next December. Although both these newspapers enjoyed government patronage, the first loyalty of Thomas as their editor was not to the government but to the '(Sir) George Arthur faction', with which Edward became linked by his marriage in June 1835 to Laura Jeanette, daughter of Charles Swanston, the influential manager of the Derwent Bank.

From Thomas's arrival in the colony, the association of the Macdowell brothers was close and notorious. Many, including Gilbert Robertson and Lady Jane Franklin, suspected Edward of inspiring his brother's newspaper articles. In 1839 the Hobart Town Courier, with Thomas as editor, repeatedly attacked the solicitor-general, Herbert Jones, who had quarrelled with Edward and forced him to resign over the distillation issues bill. When these press attacks did not cease on Jones's handing back of the attorney-generalship to Macdowell after the bill had been piloted through the Legislative Council, Jones was stung to make counter charges in a letter published in a rival newspaper, Gilbert Robertson's True Colonist.

The dispute between the two law officers, each of whom appealed against the other to the Colonial Office, became a public scandal and in July 1841 both were dismissed.

The loss of his attorney-generalship left Edward free to devote his time to his legal practice, which became one of the most successful in the colony; one of its highlights was the defence in 1843 of the bushranger, Martin Cash. Freedom from office also allowed him and his brother more openly to support John Montagu, the colonial secretary and leader of the 'Arthur faction', in his quarrel with Sir John Franklin. Thomas, as editor of the Van Diemen's Land Chronicle, was responsible for the first and most damaging of the attacks on Lady Franklin in the Tasmanian press. As a journalist, he excelled in invective: his jibes at John Macdougall, editor of the Colonial Times in 1841, and Thomas Gregson in 1848 struck home so effectively that the one attempted to whip him, the other to cudgel him in public; and of the critics of the Franklins, he was undoubtedly the most skilful and unrestrained.

After 1842 Thomas, although he continued to have an occasional interest in the Hobart Town Courier and in the short-lived Spectator, ceased to play an active role as a newspaperman. In February 1840 he had been elected manager of the Tasmanian Fire, Life and Marine Insurance Co., with which was associated the Hobart Town and Launceston Marine Insurance Co., and until his death devoted himself to running these two companies. On 28 April 1845 he married Jane Palmer at Hobart. She died in 1866, and two years later he left Hobart to establish in Melbourne a branch of the Derwent and Tamar Insurance Co. He died there on 18 December 1868, survived by five children.

After the recall of Franklin, Edward Macdowell began to make his way slowly back into official favour. In 1844 his successor as attorney-general was dismissed for having fought duels with Robert Stewart and Thomas Macdowell both, according to the True Colonist, provoked by Thomas Macdowell. This led to a series of promotions which left vacant the position of commissioner of the Insolvency Court to which in March 1845 Edward Macdowell was appointed. In December 1851 he was further charged with the duties of acting crown solicitor. In March 1854 his tenure of this position was made permanent. Next year he resigned and went with his children to Melbourne where he practised at the Bar until his death on 24 April 1860.

Although the role played by the Macdowell brothers in Tasmanian history was not attractive, they should not be dismissed merely as henchmen of the 'Arthur faction'. Men of undoubted capacity and ruthless ambition, they both found time during their stormy careers to defend not only their private interests but also the conservative and realistic political principles on which they held the Arthur administration had been based.

Select Bibliography
E. M. Miller, Pressmen and Governors (Syd, 1952)
Hobart Town Courier, 29 Nov 1839, 14 Feb 1840
True Colonist (Hobart), 6 Dec 1839, 22 Mar 1844
Mercury (Hobart), 21 Dec 1868
Correspondence file under Macdowell (Archives Office of Tasmania).

2.  LAURA MACDOWELL (1813-1849)
Edward Macdowell and Laura Jeanette Swanston married at Hobart on 24th June, 1835 in the presence of George Dean and Alfred Stephen. The Macdowell House "Beauley" or "Beaulieu" was purchased by Edward Macdowell in 1837 from George Bilton, a partner with Captain Edward Goldsmith in a ship building company with Messrs Haig, Meaburn and Williamson. They purchased an allotment fronting the Derwent, 115 feet, £5 5s per foot, £903 12s do do. 115 feet, £9 10s, £1092 10s; and the dwelling house and premises, £625 at Secheron Bay with intentions of constructing a patent slip. Today, Beaulieu stands as no 8, Rupert Avenue. It is the only house in the Mount Stuart area to be listed on the register of the National Estate.

This advertisement appeared in The Tasmanian, 24 May 1833;
Estate for Sale.
On Friday, the 7th June, Mr Stracey will sell by public auction. On the premises, at Twelve for One o'clock, positively without reserve, the refreshments being first disposed of, That beautiful property, Beauley Lodge. Lot 1. Will comprise the house, containing an elegant entrance hall 16 ft. by 8 ft., an elegant saloon 24 ft. by 16 ft., a comfortable dining room 20 ft. by 16 ft., all communicating by folding doors, and opening by French windows into a tasty veranda. There are five bed-rooms, corresponding in size and proportion to the others; a good kitchen, laundry, butlers' pantry, secure store-room and dairy. The out offices embrace servants' rooms, good stables, coach-house with lofts and granaries, poultry house and yard, dove cot, and an extensive range of useful buildings. There are three acres of land encircling the house, laid out with much taste, and covered with English grasses. The terms will be as liberal as the property is desirable - namely, half the purchase money may remain on mortgage at a moderate interest, for 4 or 5 years, the residue to be paid, by a cash deposit of 10 per cent, 10 per cent by 3 months bills, and 30 per cent, by approved bills at 6 months. To soften the disappointment of those who will be outbid in the purchase of Beauly Lodge, several very eligible building allotments, will be sold immediately afterwards, which are cleared, cultivated and cropped, including a large garden, well stocked with choice trees. The terms in this case, will also be liberal. It is utterly impossible any description can do justice to the intrinsic value, beauty of situation, salubrity of air, fertility of soil, extent and beauty of the commanding prospect, by land and water, of this property. And then the interior at once displays that degree of taste and elegance, it is to be deplored is not more studied in the generality of Colonial buildings. And not least must be taken into consideration, the stability of the edifice, both in regards to materials and workmanship.

Beaulieu wasn't sold and was advertised again in November 1833 when it was described as a 'delightful residence for a family of the highest respectability'. George Bilton purchased it but only lived there for a few years before advertising it for sale in the Hobart Town Courier in December 1837. Edward Macdowell purchased it at sale but by 1842, the year he registered the births of all three of their children, he was living with his wife and family at Secheron, Battery Point, Hobart.



Sources: photo of Beaulieu, Mt. Stuart, Hobart. Copyright G. Ritchie 2013, Convict Trail
Convict Trail: https://ontheconvicttrail.blogspot.com/2013/10/beaulieu-homestead.html
Mt Stuart:https://www.mountstuarttas.org.au/?q=content/houses

1836-1841: children born to Laura and Edward Macdowell
On the 14th March 1842 Edward Macdowell, barrister of the Middle Temple and resident of Secheron (Battery Point), registered the births of all three of their children on the same day. His wife Laura Janette Macdowell nee Swanston gave birth to a son, Hay Macdowell on 9th May 1836; to another son, Swanston Hay Macdowell on 4th May 1838; and a daughter Anna Rebecca on 28th December 1841.



TRANSCRIPT
BIRTHS.—On Friday last, at Beauley Lodge, the Lady of Edward Macdowell, Esq., Attorney General, of a Son.
Source: Bent's News and Tasmanian Register (Hobart Town, Tas.) Fri 11 May 1838 Page 4 Family Notices



Registration of three Macdowell births to Laura and Edward Macdowell
Registration year:1842
Record ID: NAME_INDEXES:1067144
Resource:RGD33/1/1/ no 691
Archives Office Tasmania - https://stors.tas.gov.au/NI/1067144

1849, October: influenza and whooping cough
The State Library of Victoria holds a letter sent from Launceston, 3rd October, 1849, written by Edward MacDowell to his son Hay, at Cathedral Grammar School, Rochester, England. It also has a few lines added by his younger son, Swannie. The letter refers to the outbreak of influenza and whooping cough in Tasmania and Victoria which had affected members of the Macdowell family. The letter also refers to Hay's illness in England and contains other family news.

Source: Biographical / Historical note Edward MacDowell was the father of Hay and Swannie.
Title Letter : Launceston, to Hay, Rochester, 1849 Oct. 3. [manuscript]
Author / Creator Edward MacDowell
Date 1849 Oct. 3
Description 4 p. (0.1 cm.)
Identifier(s) Accession no: MS 10543
Link to this record - http://search.slv.vic.gov.au/permalink/f/1cl35st/SLV_VOYAGER163691

1849, December: death of Laura Macdowell
Edward Macdowell's wife, Laura Macdowell died of liver complaint on December 16th 1849, just 36 yrs old.



TRANSCRIPT
DIED
On Sunday last, in Macquarie-street, Hobart Town, aged 36 years, LAURA JEANETTE, the beloved wife of Edward Macdowell, Esq., Commissioner of Insolvent Estates, for Hobart Town.
Source: Colonial Times (Hobart, Tas. : 1828 - 1857) Tue 18 Dec 1849 Page 2 Family Notices



Macdowell, Laura Jeannette
Record Type: Deaths
Gender: Female
Age: 36
Date of death: 16 Dec 1849
Registered: Hobart
Registration year: 1849
Record ID: NAME_INDEXES:1188533
Archives Office Tasmania
Link: https://stors.tas.gov.au/RGD35-1-2P272



Collection: Walker, James Backhouse
Subject: Photograph of New Town and Mt. Direction, Hobart, Tasmania from the hill above Beaulieu c.1880
Photographer: Alfred Winter Bathurst, Elizabeth and Liverpool Streets from 1869 until 1891
University of Tasmania Library Special and Rare Materials Collection, Australia.
Source: https://eprints.utas.edu.au/3503/


FURTHER READING
A case of malversations and libel, 1841, involved both brothers Edward and Thomas Macdowell versus Mr. Gilbert Robertson, Proprietor of the True Colonist newspaper.
Source: http://www.law.mq.edu.au/research/colonial_case_law/tas/cases/case_index/1841/mcdowell_v_robertson/

"Duelling in Van Diemen's Land: the dismissal of Attorney-General, Thomas Welsh, in 1844".
Appears in Papers and Proceedings: Tasmanian Historical Research Association, v.47, no.3, Sept 2000, p.185-187 (ISSN: 0039-9809)
Author Petrow, Stefan
Published Sept 2000
Physical Description Journal Article


RELATED POSTS main weblog


On board the "City of Hobart" 31st January 1872