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hard worker. He was also known for his “sombre and consciously gentlemanly demeanour in court” and the “sharp analytical mind” that he brought to bear on cases. The gentlemanly demeanour, if not the sharply analytical mind, would prove invaluable in Foglia v Sym Choon.

Foglia claimed that Sym Choon was unlawfully detaining a magpie belonging to him. He sought the return of the magpie or £1 damages.

Giving evidence, a clearly-emotional Foglia expressed his attachment to the bird. It was a pet which he had owned for two years. It was not for sale. Indeed, it was only worth about five shillings but he would not accept £10 for it. He could recognise its call. He had taught it to say ‘Wakool’, the name of a vessel that had taken him to England on one of his trading trips. It was unique. No other magpie could say ‘Wakool’. He heard it call from Sym Choon’s premises on 27 January. When Lathlean successfully intervened to restrict Foglia’s testimony to the legally permissible, the plaintiff ’s frustration was evident: “What is the use of coming here? I am only telling the truth”.

In response, Sym Choon stated that the bird at his premises was the first pet magpie he had ever owned. His wife, who spoke exclusively Chinese, had taught it to THE MOVE that Stefania Scarcella has been promoted to Associate Lawyer, effective 1 July 2020. Managing Director, Serina say the Chinese word for mother. He had only threatened Foglia when provoked by accusations of lying. He had bought the magpie at the market in September, 1912, together with a cage, for five shillings.

He produced a receipt.

Mrs Sym Choon, through an interpreter, supported her husband’s account of events.

The magpie was produced in court.

Mrs Sym Choon tried, unsuccessfully, to persuade it to speak. Commissioner Russell suggested that Foglia should encourage the bird to say “Wakool”. Foglia, increasingly frustrated, declined retorting that it would be useless to do so in those surroundings, and at that hour of the day, as the bird’s habit was to say the word only in the early morning.

The bird, resisting all responsibility for the outcome of the case, maintained “a golden silence”.

After several more witnesses, Commissioner Russell deliberated before giving his decision. In finding for the defendant, His Honour probably surprised no-one other than Foglia.

Sym Choon left court with his wife and the magpie, apparently elated. The plaintiff was reported to have left the Court “dejectedly bemoaning the loss of his pet”. Pace said Stefania has excelled as a Family, Personal Injury and Wills and Estates Lawyer since joining the firm. Ms Pace said: “Stefania’s contribution to the

The Daily Herald observed that “The magpie in question was worth about 5 shillings, but the legal action that centred round it probably cost the conflicting parties about £5 each”. 3 Beating a retreat to the office, young Blackburn may have felt, like his supervising solicitor, that having one’s day in court was much overrated.

The parties remained near-neighbours in Rundle Street East. Sym Choon and Lathlean subsequently appeared in a number of contract cases with varying degrees of success before Sym Choon returned to China, where he died in 1916. The name lives on.

Foglia retired in 1926, succeeded by his son William. On William’s death their business was finally sold up on site in 1943.

Of the magpie, nothing more was heard.

Michele Slatter taught Law at Flinders from 1999 until 2011, since when she has been attached to the Centre for Housing, Urban and Regional Planning, CHURP, at The University of Adelaide. B

Endnotes 1 Allen and Unwin 2020 2 Harris and Baker 2020 p 67.Foglia was described in 1905 as the largest bird dealer in Adelaide, in business longer than anyone else: The Register 4

February 1905 p 8 (Trove)

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Pace Lawyers/Adelaide Legal announce 3 i.e. 20 times the value of the bird. STEFANIA SCARCELLA

business has been significant in her five years with the firm, and we are looking forward to working with Stefania in her new position moving forward”.