Althea Clay Family History

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Nothing Without Labour

Mystery regarding heritage ■ My paternal grandmother was Althea Clara Long (nee Clay).

She was fifth of the 11 children of Charles and Ellen Norah Clay (nee Martyn), of Gorae, near Portland, in south-western Victoria.

Ellen had been born at Cape Bridgewater, near Portland, in 1864.

It is confidently believed that at least three of the 11 children - Althea, Charlotte and Edith - had Australian Aboriginal heritage.

Definite confirmation of Aboriginalty may never be known. But we can rely on the girls’ quite different appearance to other family members, and oral history from my father Jim Long (1921-1987), related to my mother Marjory in 1944, and also directly by Jim to my sister Denise as a child.

According to her birth certificate, listed with Births, Deaths and Marriages Victoria, Althea was born at Gorae on July 4, 1889.

Some family records had her birth listed as 1890.

The entry of births records in the 19th Century was less disciplined than the computer-driven 21st Century.

Was Althea the biological daughter of Ellen Clay? Was she the issue of Charles Clay (or a relative) and an Aboriginal woman? Was she adopted - either formally or informally? Was she part of an early stolen generation?

There are about 15 years in some births records missing from the region, believed to be destroyed by fire.

Of another family situation, author Gideon Haigh in his book, Certain Admissions, said: “As far as establishing adoption was concerned, there were no records of handover to look at ... years would elapse until the Adoption of Children Act

● Althea Clara Long (nee Clay) made formal what had pre- ■ Charlotte, (no date availviously done through private able) 1884, Portland; ■ Ellen (no date available) networks.

“At the time, Victorians 1886, Portland; simply had sixty days to reg- ■ Christina (later Cock), ister a birth under the antique December 25, 1887, Gorae: Registration (Births, Deaths ■ Althea Clara (later and Marriages) Act - plenty Long), July 4, 1889, Gorae; of time to quietly place a ■ Elizabeth Latimer, 1891, baby in the right hands if you Gorae; ■ Charles William, 1893 knew the right people”.

The 11 children of (died July 20, 1909, aged 16); ■ George Edwin, 1895; Charles and Ellen were: ■ Leveniah, born Feb. 12, ■ Arthur Boswell, 1900; ■ Edith Victoria (later 1883, Portland;

Schofield), 1903; ■ Violet Rosalie, 1906.

Christina was recorded as the oldest verified super-centenarian in Australian history, aged 114 years, 148 days when she died on May 22, 2002.

She was one of the 100 oldest verified people of all time.

At the time of Christina’s death, she was the secondoldest person in the world.

She missed becoming the world's oldest person by just six days (Grace Clawson of the United States, born November 15, 1887, in the UK, died May 28, 2002, aged 114 years 194 days, six days after Christina).

My mother, Marjory, recalls Althea’s sister, Charlotte (‘Lottie’), as childlike, always remaining about the age 12.

She lived with her father all of her life, completing jobs such as setting tables, and folding laundry.

Marjory says Lottie looked like Althea, although Lottie was quite short.

Both had resemblances to the dark-skinned Edith.

Our own family paid visits to Edith and Jim Schofield in the 1950s and 1960s, at their Portland petrol station.

My mother Marjory met my father Jim at the Bandiana Army Workshops in north-eastern Victoria, in the later World War II years.

When they were courting in 1944, Marjory asked about Jim’s dark skin. He replied that he was Aboriginal.

The subject was never raised again in their 42-year marriage from 1945-1987.

After she was born in 1949, my sister Denise recalls our Dad calling her “my little black princess” and “my Aboriginal princess”. ● Turn To Next Page

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Nothing Without Labour ● From Previous Page The 1950s were an era in which there was still much prejudice against Aboriginal people.

It was not until 1962, when the Menzies Government amended the Commonwealth Electoral Act to give Indigenous people the right to enrol and vote in Commonwealth elections.

On May 27, 1967, Australians voted in favour of changes to the Australian Constitution to improve the services available to Indigenous Australians.

The changes focused on two sections of the Constitution, which discriminated against Aborigines.

Throughout these earlier decades, Aborigines were not generally given respect as full humans.

It is doubtful that my father Jim would have described himself and his daughter as Aboriginal unless it were fact.

I have a personal anecdote. I was aged about 9 or 10, so it would have been about 1965 or 1966. My grandmother Althea would have been aged 75 or 76.

It was Christmas, and I was given a boomerang. I do not know why. My grandmother took me out to a paddock at the rear of their home in Glenard Drive, Heidelberg.

She taught me how to throw the boomerang, and ran around the paddock, throwing and catching it.

This was a woman, at 7576, who was normally seen in ker kitchen, pantry and dining room, certainly not running around a paddock.

Althea continually rubbed her hands with a cream. Was it to make her skin lighter?

If she were to go to the shops, her attire would include white hand gloves.

My sister Denise and I have a theory that a decision was made for Althea and her sisters to live “as if they were white”.

A lifestyle and achieve-

death of a highly respected resident of Gorae in the person of Mrs Clay, wife of Mr Charles Clay.

“She was on a visit to her daughter at Nathalia (Mrs Allan Long), when she was taken seriously ill and died on Tuesday last.

“She leaves a large family of six daughters - Mrs P. Robins, Mrs Wilbert Cock, Mrs Allan Long, Edith, Lizzie and Lottie - and two sons - George and Arthur who have the sympathy of their many friends in their sad bereavement.

“Deceased was 65 years of age. The funeral took place today, Rev. R. Toi (?) officiating at the graveside.

“The mortuary arrangements were carried out by Mr W.A. Jarrett.”

Althea’s sister, Edith, with assistance from sisters Nell and Chris, related the following: “In her young days, as always, she was practical and very conscientious in her share of work, and Mother, with her large family, depended on her to a great extent.

“At quite an early age she ● Turn To Next Page

● Map including Gorae and Portland, Victoria. ments, not generally avail- died at the age of 65, at the able to Indigenous children, Nathalia home of Althea was afforded to Althea and and Allan Long. The death was reported in the July 2, her sisters.

Our theory is that Jim, his 1928, edition of the Portland sister ‘Girlie’, and brother Guardian local newspaper.

“We regret to record the Alan, vowed to not mention any aboriginality, so as to give their children every opportunity possible.

Althea had been part of the well-known Clay family in Gorae/Portland.

They had operated a wellknown timber sawmilling business (including shingle cutting) and orchards at Gorae.

Her father, Charles Clay, was born in Buninyong in 1857. His first home, ‘Sunnyside’, Gorae was north of Berrys Rd. His second home, ‘Latimer’, north of Cockatoo Valley Rd was opposite the railway line siding.

He married Ellen Martyn, whose mother was the former Anne Latimer. The Latimer family has strong links to the earliest days of settlement around Portland. ● Death notice of Althea’s mother, Ellen Clay, Althea’s mother, Ellen, published in the Portland Guardian, July 5, 1928

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Nothing Without Labour ● From Previous Page showed a natural instinct for nursing, and would cheerfully get up at night to attend any member of the family if sick.

“On leaving school, she went to Melbourne, where she lived with Mother’s sister and husband, the Crosbies.

“She gained entry as a student teacher to the Melbourne Teachers’ College, but later found that nursing was her first love.

“Subsequently, she began training at the Austin Hospital in Heidelberg, living with the Crosbies for several years.

“Eventually, she came home to nurse at the Private Hospital in Portland, and when Sister Brown retired, Althea ran the Hospital for several years as Matron.

“So devoted was she to her parents, brothers and sisters, that at one time or another, each member of the family if very sick, became a patient at the Hospital under her loving and capable care.”

Nell said that when young, Althea loved running messages, and would be prepared to go anywhere to act as a messenger.

Chris said Althea dearly loved the element of fun, and recalled that when Nell and Perce Robins were keeping company, Nell would stroll up the drive at ‘Latimer’ to meet him.

“One night Althea decided to play a trick on Perce, and was greeted by Perce, thinking it was Nell.

“Althea was a clever mimic, and her aunts with their different mannerisms were the subject of her amusing but harmless mimicry.

“Althea was a great lover of horses, and was a competent horsewoman.

“Together with Beth, they won many championships.

“Althea once rode through a bushfire to get assistance. The horse was a rebellious one, but being a capable horsewoman she man-

● Jim Long, elder son of Althea and Allan Long aged to get through the alarm, tenance. Her life was full of although it was a frightening devotion and love for her husband and family. Also, experience.”

Althea was a marks- she adored her grandchildren woman with a rifle, no doubt and was, more or less, pertrained by her father who was sonally involved with their problems and well-being. a crack shot.

“If any member was sick On many occasions, she had to shoot or frighten kan- she was the first to offer adgaroos, rabbits or birds which vice and help for their recovthreatened her father’s crops. ery.”

Allan and Althea were Althea’s love of poultry lasted a lifetime. She was married on April 5, 1920, at very capable and artistic with Auburn Methodist Church, embroidery, crochet and knit- by the Rev. Mr Hunt.

Allan Leslie Long was ting. She would always be knitting for her children or born on January 24, 1893, the first child of Arthur Henry grandchildren.

Summarised by her Long and his wife Sarah younger son, Alan C. Long: Ann (nee Hill).

Allan wrote: “I had rick“She was also a great cook and nothing would be a task ets and was unable to walk, for her to cook one of her suffering from colds and children’s favourite treats. weakness, so my grandpar“Along with Dad, Mum ents too me to see what they had a great love for the gar- could do.”

“Being unable to always den, and often assisted him with the planting and main- attend school, my Aunt Sa-

rah taught me to read and do sums.

“From time-to-time, I was sent back to my parents, but this was put off time and time again and so I remained.”

Allan’s father, Arthur, worked in Maryborough, Victoria, and later as a commercial traveller.

“When my grandparents went to Portland they discussed the advisability of sending me back to my parents and the company of my brothers and sisters, and again the return was put off.

“I was then gaining in strength and was sent to the Portland State School, and when a private school started, I was sent there.

“But I think that my Aunt Sarah may be given credit for what education I may have had.”

Allan Long was placed in a solicitor’s office at his grandfather’s wish.

He wanted to be a chemist but James Long overruled. Allan amusingly stated that his first job was writing his own summons for having been caught by a policeman for riding his bicycle on a footpath.

In what was a rare move for a woman in 1920, Althea Clay brought a legal action in Portland Court for money that was owed to her.

Just 10 days after her marriage, the April 15, 1920 issue of the Portland Guardian noted: “At the Portland Police Court yesterday several local debt cases were heard, most of which, however, were adjourned for different reasons for a week, Althea Clara Clay sued J. C. Wellner for £23, being amount due for work and labor done, board and lodging provided, and goods sold and delivered.

“Mr Silvester appeared for the prosecution, and Mr Williamson for the defence, the latter of whom agreed to an order for the amount being made. ● Turn To Next Page

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Nothing Without Labour ● From Previous Page “The Bench—Messrs J. Wiltshire and J. J. Couch, J's.P.—fixed the costs at £1/ 6/.”

Details of the wedding between Allan Long and Althea Clay were published a fortnight later (April 29, 1920) in the Portland Guardian: “The wedding of Mr Allan Long, eldest son of Mr and Mrs Arthur H. Long, of Brunswick, and Miss Althea Clara Clay, first daughter of Mr and Mrs Charles Clay, of Latimer, Portland, was celebrated on April 5 at the Methodist Church, Oxley Rd, Auburn, by the Rev. Wm. Hurst.

“The organist rendered suitable selections, including the Wedding March.

“The bride was given away by her father, and wore a gown of ivory crepe-dechene and georgette, the long train being lined with the palest pink and embroidered in silver and horseshoe of orange blossoms.

“The draped bodice of georgette was also embroidered with silver, and the bridge wore an aquamarion and pearl pendant, the gift of the bridegroom.

“A wreath of orange blossoms caught up a beautiful tuile veil, finely embroidered by a sister of the bride.

“A dainty bouquet of roses and cactus dahlias was carried.

“The bridesmaids were Miss Elizabeth Clay, sister of the bride, who wore sand coloured crepe de been and georgette, with pink and Miss Nellie Long (sister of bridegroom) in blue georgette frock and biscuit hat, with touch of saxe.

“Both carried shower bouquets of pink roses and fern, with streamers.

“The train bearer was little Betty Cock, niece of bride.

She was sweetly frocked in oale pink chene de chene, trimmed with pink rose bud, and had the same dainty finish in her hair, with a touch

of blue. The bridegroom’s gifts to the bridesmaids were aquamarine brooches, and to the little maid a god cable bangle.

“Mr Harold Long was best man, while Mr Neil Cameron acted a s groomsman.

“After the ceremony wedding tea was held at Hawthorn Hall. The bride travelled in a navy tailored costume, with collar and vest of mastic and Oriental trimmings, hat of navy chenille straw, trimmed with mastic.

“The bride was the recipient of numerous beautiful presents.”

Allan and Althea Long moved on from their Portland district origins to other country Victorian locations Their first child, James Wilcock Long (my father), was born at Numurkah on June 8, 1921.

Violet Althea (‘Girlie’) was born at Eaglemont, Melbourne, on October 13, 1925.

Alan Charles (often referred to by relatives as ‘Mick’ or ‘Doolan’) was born at Williamson St, Bendigo, on November 15, 1931, next door to the grocery store operated by his mother and father at the corner of Calvin St. During the early years of their marriage, Allan managed grocery stores in Victorian country towns.

Around 1929, they had saved enough to establish their own grocery store in Bendigo.

Their wise business ability was evidenced. Within a short period they bought two more stores in Bendigo: one

by Lake Weeroona, the second opposite the Fire Station.

We now come to a point that clearly affected their future. Had they not put other people before their own needs by being so kind and generous, they would no doubt have been very wealthy people. ● Turn To Next Page

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Nothing Without Labour ● From Previous Page Alan C. Long takes up the story: “Their wealth, however, can be measured more by their great character than by monetary means.

“The economic depression period affected everyone.

Some to the extent that many people were unable to feed or clothe their families.

“Allan and Althea were distressed to see their friends and customers so affected.

“Their own well-being was set aside for the sake of others, and it was arranged by them both to make up bundles of food, and for Jim and Girlie to place these bundles of food on their friends’ doorsteps and hurry away so that these people would not know where they came from.

“As this sacrifice of goods went on from some time, they had to pay for which they not getting any return, and it became a reality they were soon deep in debt. Dad, being a person without reproach, was emotionally upset by this situation and his health was affected.

“On medical advice he was ordered to get away from the situation and start afresh.”

Their move to 21 Florence St, Moreland, was in 1938.

To help pay debts incurred in Bendigo, Allan became a commercial traveller for a grocery firm, and in his spare time made snowballs for a Moreland grocer.

He used a hand beater for this manufacturing operation which would have been exhausting.

Later, they purchased a shop and dwelling at 151 Sydney Rd, Moreland, and although warned by several business people that they were on the wrong side of the road to attract business, they went ahead and opened a confectionery and milk bar.

Half the shop was partitioned, so that Allan and Althea could manufacture marshmallows and toffees, toffee apples, barley sugar,

● Allan Long and Althea Long with great-grandson Adam (born June 27, 1972), at Heidelberg. Althea, by this time, was gravely ill, and would pass away soon after at age 83, on January 8, 1973. butterscotch and boiled old enough to volunteer for lollies. The hours were de- War service and joined the manding; starting manufac- Army. ture early in the morning, His brother Alan said: “It opening the shop at 9am, and was a sad time for us all when closing around 11pm. he was sent to the Middle They soon attracted cus- East for 18 months.” tomers and there was a great At this time Allan applied demand from wholesalers for for the position of Manager their well-known snowballs of a Tarax Bar in Swanston and ‘biffs’ (coloured snow- St, Melbourne. balls).

The Managing Director, Another product was Mr Pethard, from Bendigo, ‘Rocky Road’, made from interviewed Allan. marshmallow, peanuts and Mr Pethard said he rechocolate. garded Allan’s experience as Customers came from far a grocer made him the most afield over the weekends to qualified for the position. buy novelties such as chocoThe job involved the manlate-coated animal shaped agement of meals for cusmarshmallows. tomers, the soft drink and During World War II, milk bars. their elder son Jim became Apart from this position at

night into the early hours of the morning, he still found time to manufacture.

The family's Tarax Bar was at 151 Sydney Rd, Moreland (Coburg).

Tarax was then an exclusive soft drink, and Tarax bars were by appointment.

Up to this stage, Althea and daughter ‘Girlie’ were managing the shop, with assistance from Alan when he came home from school.

There was a large passage at the side of the shop and Allan made large bins to hold many dozens of bottles, into which he would chip blocks of ice. This was apart from two large shop refrigerators.

At this time, Tarax brewed non-alcoholic drinks called Tarax Stout, and Bitter.

There was never a short supply of chilled drinks, and it was not unusual during hot spells to see customers queued outside the shop, waiting to be served after the customers inside the shop had quenched their thirst.

After Jim’s return from service in the Middle East as a Sergeant, he was promoted to the post of Warrant Officer II at the Bandiana Workshops, near Albury.

It was here that Jim met his future wife, Marjory Lawrence.

Jim and Marjory married at Croxton Park Methodist Church on February 24, 1945.

After their marriage, and Army discharge, they lived with Allan and Althea until buying their first home at 42 Rene St, East Preston.

(They had earlier planned a home at Madeleine St, East Preston, but the land was bought by the Housing Commission.)

Allan and Jim decided to go into partnership with the confectionery, and a factory was built at the rear of the Sydney Rd shop.

The business was named ‘Golden Ray Sweets’. ● Turn To Next Page

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Nothing Without Labour ● From Previous Page The business was quickly expanding and Alan recalled: “It was decided to move to a larger factory, and at the same time another house had to be bought, which was at 62 Glenard Drive, Heidelberg.

“In 1949, a larger factory was available nearer home in Banksia St, Bulleen, and it became a real family business with us all working there.

“After a short time through national events, supplies were hard to come by, unless you were willing to pay double the price through other channels.

“Dad did not believe in this type of business, and it was mutually agreed that the business should disband due these circumstances.”

“For some time, Dad and Jim used the factory equipment for making outside furniture and flywire screens.

“This equipment was the timber used for the frames of trays in which flour was used for moulding snowballs.”

Allan was appointed a Canteen Manager for the Australian Paper Manufacturers at Fairfield.

At a later stage when Jim was an executive for Standard Motors at Port Melbourne, the position of Canteen Manager became available, and Allan was appointed.

His ideas for efficiency were well received by the Standard company, and staff and management were most upset when he decided to retire.

He was very compassionate and any essential operation that was oppressing would find Allan rotating staff, and he would take a turn himself.

Allan was always active in his retirement with the maintenance of his home, garden and repairs to any objects of the family.

About September 1972, Althea became ill and was sent to hospital for treatment.

● Allan Long (standing) with his father Arthur (seated at left), baby son James (born 1921) and grandmother Mary Jane Long (nee Wilcock).

Mary was born September 7, 1842, at Water Looee, Elland, Yorkshire. Upon her death, the Portland Guardian (Dec. 12, 1929) said: “A remarkable old lady, she was wonderfully active for her years (87) and retained all her faculties to the last.”

It was realised that her last a lifetime. Allan was very condition would not im- brave after the family’s loss, prove, but her determination but it was evident that he was and devotion to be with her fretting over the loss of his family was very strong, and mate of over 50 years. she was allowed to come Like her mother, Girlie home. was so devoting to her father After some time, her con- over this period, and without dition worsened, but she so her he would not have been dearly wanted to be with the able to bring himself to bewhole family on Christmas ing interested in his hobbies.

Day. Like Althea, he was proud After Christmas she was of his heritage, and delighted getting weaker, and after family members by relating some deliberation she agreed many tales regarding memto go to a private hospital. bers of the preceding famiHer determination to love lies. astounded medical authoriIn March, 1975, Allan had ties. She died peacefully in an operation. It was the first her sleep on January 8, 1973. time in his life that he had Althea’s passing was a been a patient in a hospital. deeply sad moment for all her His operation was sucfamily, but there are many cessful, but his general conhappy memories which will dition after a few weeks was

getting weaker, and he was re-admitted. After a week he came home. When July 4 came – Althea’s birthday – his loving memoires were apparent. His interests were not as they had been before.

On August 6, 1975, he was admitted to Austin Hospital, where he passed away peacefully his sleep the next day.

Allan and Althea were reunited on August 8, 1975. ★ The question of Althea’s Aboriginality has been the subject of extensive research by my sister, Denise Meikle.

In 2018, as a matter of respect to our mutual heritage and our elders, Denise successfully applied to the Australian Government to be officially regarded as an Australian Aboriginal person.

In 2019, Denise and I are each in contact with the Elders of the Gunditj Mirring Traditional Owners Aboriginal Corporation at Heywood (near Portland), to further advance our desire to record our heritage. ★ It is worthwhile to examine the life of Althea’s father, Charles Clay.

My mother, Marjory, recalls meeting him at Portland after her marriage to Jim in February 1945.

Charles Clay lived to the age of 90, and an obituary was published in the Portland Guardian (Oct. 9, 1947): “The passing of Mr. Charles Clay at the age of 90 years, has removed from our midst one of the remaining links with the pioneers of our district.

“Born at Buninyong, Mr. Clay spent the early years of his life in that and the Cobden areas, and it was among these forests that he developed that love for the Australian bush which was such a feature of his life.

“In 1874, the family removed to Portland and settled on land at Gorae often spoken of as the "Old ● Turn To Next Page

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Nothing Without Labour ● From Previous Page Station," being part of one of Henty's cattle runs.

“It is interestlng to know that this part of the country was then comparatively open, and fine grazing land whereon large herds of cattle were fattened.

“On this property, Mr. Clay followed farming pursuits and also planted one of the first orchards of the district and justly claimed to be one of the first exporters of apples.

“Later, Mr. Clay acquired land opposite the Gorae railway crossing, which, during the following years, he converted from virgin bush into a well established orchard and home stead known as ‘Latimer’.

“Mr. Clay was a very active and strongly built man, and many tales are told of his prowess in sport and feats of strength rarely seen, even in the days of the hardy pioneers.

“As a young man he joined the local militia garrison, the ranks of which are now fast diminishing; he was also a member of the Portland Rifle Club.

“He was a great reader and possessed a very retentive memory, so much so that a conversation with him became a delight to his many friends.

“As a very keen student of the Bible with a deep knowledge and understanding of its pages, nothing pleased him more than a discourse on its truths with the similarly minded.

“He was an active member of the Methodist Church from boyhood, a lay preacher, and in turn a teacher in the North Portland, Gorae, and Bolwarra Sunday Schools.

“Mr. Clay was widely known throughout the district, particularly in Gorae, where he reared his family and was active in all the community life.

“Mrs. Clay was not of the same robust constitution,

● Satellite view of the Cockatoo Valley Rd area of Gorae. Google Maps. having pre-deceased her hus- Wesley Church at which the Clays cut timber in the area, band nineteen years.

Rev. E. W. Barren paid high the local Aboriginal people “It was not till he was well tribute to the deceased and hid and hunted in the Gorae in the eighties that Mr. Clay the respect in which he was forest area. felt a hard day's work was held.

Most local records from getting beyond his powers, “This was evidenced by the time have disappeared. and he decided to dispose of the many beautiful floral tribAn April 22, 1876 clipping his property and retire from utes and the large following from the Portland Guardian active life. to the Cemetery. records that a ‘Charles Clay’ “A home was built in “Pall bearers were fronted Court for cutting and Portland, where he spent his Messrs. G. and A. Clay, A. removing timber without beremaining years.

Pitts, R. Robins, A. Long ing duly licensed.

“During the last twelve and W. Cock. The mortuary Gorae and Gorae West months it was evident that he arrangements were in the are rural localities about 15 was quietly but surely losing hands of Mr. T. C. Jarrett.” km north-west of Portland. his strength, but only last In his latter years, Charles It is thought that the name deweek was there an indication Clay had lived at Hanlon rives from an Aboriginal that the end was near.

Parade, Portland. word for kangaroo.

“We are pleased to read His father, also named VictorianPlaces.com.au that the passing was a very Charles Clay, had lived in says: “The localities were peaceful one, and the long the Portland area, although originally forested, partly life just ebbed out as if in he had a stint as a miner on cleared for grazing. The sleep. the Kalgoorlie fields.

Portland township used the “The funeral which took The first home in the Port- forest for building and fence place last Thursday, was pre- land area was ‘Sunnyside’. timber, and there was a mill ceded by a service held in In the 1880s, whilst the settlement by the late 1880s.”

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Clays came from Lincolnshire ● Charles Clay Snr., his wife Eliza (nee Latimer), and eldest son George, arrived in Geelong, aboard the British Empire, on March 8, 1853. It had sailed from London on October 26, 1852.

The passenger list says they went to Corangamite, under the care of John Hastie.

■ My grandmother, Althea, formed a syndicate of Portwas raised as one of 11 chil- land people to help fund their dren in the Clay family of Western Australian excurGorae, near Portland. sion.

Her paternal grandfather The Geelong Advertiser of was Charles Clay, born 1820 March 1853 describes the in Brixworth, Northamp- British Empire as “barque, ton, England. He died at 547 tons, E. J. Allen, masPortland, Victoria in 1908. ter, from London. Timms, Her paternal grandmother Wilson & Co., agents.” was Eliza Latimer, born Before their voyage to 1829, died 1896.

Australia, the Clays had Charles, Eliza, and their been at Brixton, Northampeldest son George, sailed ton, a large village and civil from London on October 26, parish in the Daventry dis1852. They arrived at trict of Northamptonshire, Geelong, Victoria, on March England.

8, 1853, aboard the British My great grandfather, Empire.

Charles Clay Jnr. was born They were to work for at Buninyong in 1857.

John Hastie, of CorangThe generations preceding amite. Passenger lists show Charles Clay Sen. and Jnr. their wage from Hastie re- were: corded as £50/6. It is under- ■ Joseph Clay, 1775-1852. stood they worked with him Scottlesthorpe, Lincoln, for at least six months; their England. package including rations.

■ Henry Clay, 1729-1790, After Corangamite, the West Lincolnshire.

Clays went to places includ- ■ Samuel Clay, 1692-1740, ing Buninyong. Cobden East Allington, West Lin● Lincolnshire, England. (where they worked as tim- colnshire. ber splitters), Walhalla (as ■ George Clay, 1651-1723. to the south, Rutland to the county council has its headtimber splitters for the East Allington, West Lin- south west, Leicestershire quarters. mines), and Portland, then colnshire. and Nottinghamshire to the During pre-Roman times, later to the ‘Old Station’ at ■ Thomas Clay, 1606- west, South Yorkshire to the most of Lincolnshire was inGorae, once part of the 1631. Spalding, West Lin- north west, and the East habited by the Corieltauvi Henty property. colnshire. His wife was the Riding of Yorkshire to the people.

For a short time, the Clays former Elizabeth Smith, north.

The language of the area tried their luck on the born 1610.

It also borders NorthKalgoorlie goldfields in Lincolnshire is a county amptonshire in the south for at that time would have been Western Australia, without in eastern England, with a just 20 yards (18 m), Common Brittonic, the preluck. long coastline on the North England's shortest county cursor to modern Welsh.

The name Lincoln derives It is understood that Sea to the east. boundary.

Charles Clay Snr and The county town is the from the Brittonic Lindo It borders Norfolk to the Charles Clay Jnr had south east, Cambridgeshire city of Lincoln, where the meaning 'lake'.

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Family dominated Gorae ■ There was a small population in the Gorae district in the late 1800s and early 1900s.

The Clay family moved to Gorae in 1875.

An indication of the size of the local population is the 1921 Census wth Gorae listed as having 87 people.

The Gorae West tally was 27.

My great-great grandfather, Charles Clay Snr, had eight children: ■ George, born 1850. He came to Gorae in 1875.

■ Elizabeth, born 1856.

Died at age eight.

■ Charles, my great grandfather, born July 15, 1857.

(Births registration number 10513).

■ Mary, born 1858. No further records have been located to date.

■ Charlotte, born 1860.

She married Harry Shiels (or Shields), a wool sorter of Gorae. They had at least one child.

■ Sarah, born 1862. She married Thomas Collyer, a teacher at Gorae. They had three children. Thomas was formerly married to Elizabeth Hollis, and they had seven children.

■ Elizabeth, born 1865.

She married Frederick Stutchbury, of ‘Sunnybank’, Gorae. They had seven children.

■ Hannah, born 1867. She married John Hollis, and they lived at Gorae. They had three children. ★ My great-grandfather, Charles Clay, married Ellen Norah Martyn, sometimes written as Ellenora.

She was born at Cape Nelson on July 23, 1864 (Registration 17388 at birth).

Her father was Edwin Pearce (also spelt as Pierce) Martyn, who was born in 1840, son of Thomas.

Edwin died in Portland in 1904.

Guardian newspaper on July 15, 1904: “A magisterial inquiry was held on Wednesday afternoon, by Mr. W. P. Anderson, J.P., touching the death of Edwin Pierce Martyn, who was found dead at his residence, South Portland.

“Hugh J. M. Campbell, sworn deposed - I knew the deceased, Edward Martyn.

“I last saw him between four and five o'clock on Monday afternoon last.

“I had seen him several times during the previous week or so.

“He had come to me about a fortnight previously in a very despondent mood, “Said he did not know which way to turn to make a living, that an application be made to the Commissioner of Savings Bank for an increased loan on his property had been refused, that he had left his son-in-laws, Mr C. Clay's place, and he was then living at his own place, South Portland.

“He asked me to assist him if I possibly could, and made a proposition to me to take over his property with liabilities and give him a sum of money in addition on which he calculated he could live about two years, and that ● Turn To Next Page

● The former Gorae Church, at 979 Gorae Rd, was sold for $93,000 in 2015. realestate.com.au Edwin Martyn married ■ Ethel Rowe, born June Lavinia Vincent Prisk 26, 1879.

(Prest on some documents). ■ Albert Charles, born She was born in 1835, and May 20, 1881. died on August 2, 1875.

■ Ernest Edward, born Their certificate of mar- August 4, 1883. riage (Portland) had the ■ Arthur James, born June number 4772.

27, 1885.

Lavinia had come from ■ Annie May, born 1887.

Cornwall, United King- ■ Frederick Charles Willdom. Her sister was already iam, born September 7, living in the Portland district 1888. in 1854.

■ Percy James, born May Edwin and Lavinia had 16, 1891. seven children: ■ Leslie James Edgar, ■ Elizabeth, born 1861- born 1893.

1939. ★ ■ Sarah, born 1863.

Edwin’s death, by suicide, ■ Ellen, born 1864, died was reported by the Portland 1928. My great-grandmother. He birth certificate was 17388, which carried her mother’s maiden name as Prest. Ellen’s death certificate carried her mother’s maiden name as Prisk.

■ Helen, born 1865.

■ William, born 1867, died 1928.

■ Thomas, born 1869, died 1947.

■ Edwin, born 1873, died 1954 (?). ★ After the death of Lavinia, Edwin Martyn married Frances (‘Fanny’) George Millstead.

They had eight children: ● Inside the Gorae Church at 979 Gorae Rd.

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Nothing Without Labour ● From Previous Page he proposed to supplement this by trying to do a little at his trade.

“I told him I would consider, and to see me in about a week.

“During that time I wrote to and saw his son-in-law, Mr Clay, and made other inquiries, and upon his coming to see me at the appointed time I told him I would give him the amount he asked, and also in addition a sufficient sum to cover a composition to his creditors that he arranged with, and gave me a list of them. “ The necessary documents were then prepared and signed by him on Thursday, and Friday last, when I gave him a small sum of money.

“He came to see me on Saturday and Monday morning.

“He appeared relieved, and consulted me as to the ad visability of purchasing a small pro perty in Hurd street that he thought he could get for £30, and was to see me again on Thursday.

“I have seen the body now in the morgue and I identify it as that of the deceased.

“Malcolm McCuspie, laborer, sworn, deposed-About a quarter past one o'clock on the 12th inst., I was passing the deceased's late residence.

“On looking into a shed I saw the body of deceased hanging from a rafter.

“In company with Mr Kerr I examined the body and found it cold and stiff, “We did not cut the body down, but reported to Sergt. Ferguson, I have seen the body and iden tify it as the same.

“John Martyn, sworn, deposed-The deceased, Edward Pierce Martyn,.was my brother. I last saw him alive last Monday about 2.30 p.m.

“I heard of his death the following day about three o'clock. Identify the body as that of my brother.

“He was 64 years of age last March,

● My great-great grandfather, Edwin Pierce Martyn, died of suicide at Portland in 1904.

Report: Portland Guardian, July 4, 1904.

“He was married and lived apart from his wife.

“When I last saw him he appeared peculiar in his manner (despon dent). Has had family troubles recently.

“My brother lived at his late re sidence for about a fortnight.

“He did not own any stock. He was not addicted to drink recently.

“G. A. Austin, sworn, deposed - I knew the deceased, Edwin Pierce Martyn. I saw him in my place of business on Monday about midday. “ln the store he purchased a halter. To the best of my belief the halter produced was as the same.

“He made no remark. I have seen Mr. Martyn, the deceased, several times during the past two or three weeks, and he appeared in financial dlfficulties.

“Sergeant Donald Ferguson, sworn, deposedFrom information received at 1.30p.m on 12th July, 1904, 1 went to deceased Edwin Pearce Martyn's resi dence, about a mile south of Portland, in company with Constable O'Donnell.

“I found deceased's body to a shed hang ing from the rafter by a new rope halter (produced.)

“The body was cold and rigid, the feet were about six inches from the ground and a box about a ½ feet high was close beside the body, and had apparently been used by deceased to stand on while fixing the rope.

“I saw no external marks on the body except on the neck, which appeared to be dislocated.

“I removed the body to the morgue at the Portland Hospital, where it now lies. From inquiries made.

“I learned that deceased bought the rope halter, by which he was found hanging, at J. Thomson and Co's store in Portland, on the afternoon of the 11th inst, evidently then contemplating suicide.

“On searching the body I found a waterbury watch and 1/- in silver and coppers.

“The presiding magistrate found that the deceased committed suicide by hanging,” concluded the Portland Guardian report.

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No stranger to the Court ■ My great -great grandfather Edwin Martyn was no stranger to Portland Court.

(Edwin was maternal grandfather to my paternal grandmother Althea Clay.)

In May, 1877, Edwin Martyn appeared in the County Court over a £1 11s 11d debt owed to George Day. “Day v. Martyn. Mr. Reynolds for plaintiff,” noted the Portland Guardian (May 18, 1877).

“Geo. Day proved that defendant was indebted to him for goods sold £1 11s 11d; the daughter of defendant has brought order produced for two adzes, which defendant disputed.” (An adze is similar to an axe.)

“A son of Mr. Day confirmed the statements.

“Edwin Martyn sworn, said that he admitted the account with the exception of the two adzes, which he had not received; the order produced was not in his handwriting.

“Mr. Reynolds requested defendant to write his name; upon comparing it with the order, His Honor at once gave a verdict for amount claimed, with costs £2 9s.” ★ Edwin Martyn’s name was published in the Government Gazette (Nov. 27, 1879) as having a lease in arrears at Portland. ★ On March 27, 1879, the Guardian carried a report of Elizabeth Martyn lodging an application to have her brother-in-law Edward Martyn bound over to keep the peace, after using language towards her, under the influence of liquor.

It is not known whether Edward and Edwin Martyn were the same person. However, the press report of his death in 1904, carries a quote where brother John refers to

● Portland Court House was erected in 1843-45. The building has been continuously used as a court house since its inception. It still operates.

Photo: visitportland.com.au him as ‘Edward’.

Martyn’ appearing in Court the head, and then struck me In 1879, the newspaper over an assault in a hotel was again on the ear. He struck noted that Elizabeth deposed published on February 19, me a third time; I tried to get that [Edward] had called at 1880: away, but he stood in the her husband’s residence and “T. Bennett v E. Martyn. doorway and stopped me; used very abusive and threat- Mr Butler for plaintiff.

Mr Edrich let me go through ening language to her.

“T. Bennett, sworn - Re- the bar into the street.

“The defendant said he member going to the Com“Benjamin Edrich, landhad been at the house and mercial Hotel on Thursday lord of the Commercial Howas partially under the influ- last at about half-past 5 tel, corroborated the evience of liquor, but denied the o’clock to get a nobbler; dence of the plaintiff. statement that he was in the Martyn and two others were “Fined 40s, and costs 17s, habit of threatening the com- there; Martyn asked me if I in default, one week’s imprisplainant. had got my winter’s wood in; onment.”

“An exchange of loquac- I told him I had not, and he ★ ity ensued between the two asked me for the order, and I John Martyn was parties, which the Bench said i gave him the order a charged with being drunk stopped by dismissing the few years ago, and he had not and disorderly in a public application, at the same time carried out his contract satis- place in May 1880, the giving the defendant a factorily.

Guardian reported. “gentle caution” that he had “He said he did not like to He was fined 5s., in debetter not appear before them call a man a liar, but he said I fault 24 hours imprisonment. a second time, as in that case, was one, and used other disIt was John that described another act of “caution” graceful language; I was his brother Edwin in 1904 as would be adopted.” pouring some water out of a “not addicted to drink re★ jug into my glass, when cently”.

The case of an ‘E. Martyn struck me a blow on ● Turn to next page

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Nothing Without Labour ● From Previous Page In 1882, the Portland Guardian (January 21) reported on the case of Constable Hanlon v. Edward Martyn, “charged with removing timber from Crown lands without a license.

“The defendant stated that he had agreed with Messrs.

J. McGregor and Sons to draw timber for their mills at 15s. per day.

“He understood that the license, which he never concerned himself about, would be taken out by the firm employing him, and he was to get 1s more or 1s. less in.consequence of that arrangement.

“Alexander McGregor stated that he was one of the firm, which consisted of five members. He was not sure it was customary to take out. licences for their men, as he had very little to do with the Heywood branch, which. was attended to principally by his brother James.

“He believed that in somecases'thl firm took out licenses anid in others not; they had no rule; was. of opinion that in this case the license should have been taken out by the firm, but about the time Martyn was engaged, his brother James had been called to Melbourne on business, and the matter must have been overlooked.

“Martyn had been working for them for three weeks.

“In reply to the bench the witness said he should prefer having the business disposed of at once, whereupon the case against Martyn was dismissed, and Messrs.

McGregor & Sons proceeded against.

“E. Martyn sworn, deposed that he was engaged to draw timber, and understood the license was arranged for.

“The firm took out licenses for other men he believed.

“A. McGregor stated that licenses were taken out by the firm, and he felt sure this was an oversight arising out

● Edwin Wyatt lodged this classified ad. with the Portland Guardian in April 1882. of his brother's sudden call to Melbourne. Of course the license would be taken out at once.

“The bench observed that it was clear the firm were responsible, and as Mr. McGregor said they were prepared to take out the license at once they would only inflict a fine of 20s. and 2s. 6d. costs.” ★ The Martyns were back in Portland Court (Oct. 20, 1883) with the local newspaper reporting that John Martyn was fined 2s 6d, with 5s 10d costs, for allowing cattle to wander in the streets of the town. ★ The Guardian (July 30, 1886) published that E. Martyn was back in Court.

“J. Dawkins v. E. Martyn, for illegally impounding sheep. Mr. Butler appeared for the plaintiff, and asked for an adjournment for a fortnight, as an important witness, the poundkeeper, was not in attendance.

“Mr. Butler remarked that no doubt the poundkeeper would he at the Court in a few minutes - Portland people were always late; he did not know why.

“The application for an ad-

journment was granted. ★ On October 1, 1886, the Guardian printed that “Wm. Johnstone proceeded against E. Martyn for the sum of £2 for the use and hire of a sewing machine.

“The claim had been for £4, but defendant had paid £2.

“Defendant did not appear, and the bench made an order for the amount and 5s costs.” ★ “The only business before the court yesterday consisted of four cases for neglecting to send children to school the stipulated number of days,” said the Portland Guardian of June 24, 1887.

“The parents summoned were J. Dawkins, H. Mallon, E. Martyn and G. Cross.

“The first two were fined 5s and 2s 6d costs. while the other couple were let off with a fine of 2s 6d, and costs 2s 6d.

“The presiding magistrates were Messrs. Shevill, Trangmar and Must.” ★ E. Martyn, giving his address as Cape Nelson Rd, placed a notice in the August 12 issue, offering the private

sale of 350 sheep, including a number on young lambs.

The listing continued weekly until November. ★ There was some relatively “good press” for the Martyns in print on August 22, 1888: “Mr. W. S. A. Ponsford, the chairman of the local tender board, informs us that G. Pitts' tender has been accepted for the scupply of firewood for the Government oflices, E. Martyn for emptying the dust bins, and J. Wright the goal cart.” ★ Eight months later (Apr. 15, 1889), the Portland Borough Common advertised that “E. Martyn has been appointed Herdsman”.

But it only weeks (May 3, 1889) that Edwin was in Court, facing a serious action for an alleged assault: “F. H. Arkell v. E. Martyn, an action for unlawful assault.

“Mr. Wilkinson appeared for the informant and stated that on the I5th April last his client went to Martyn to pay him certain fees for depasturing his cattle on the common.

“After a few words the complainant asked what was the charge for small cattle and defendant said is 6d per head, but he subsequently, on Arkell saving this was too much, stated it was 9d.

“Martyn said he would impound complainant's cattle. and on the latter saying they were in McDonald's paddock defendant said he would impound them from there.

“Arkell then said he had had enough of Martyn's bounce and was going away when defendant tried to drag him off this horse and threatened to strike him.

“He let go and Arkell went off (he was on horse back) when Martyn rushed after him with a spade, announcing his intention of making camplainant's head two. ● Turn to next page

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Nothing Without Labour ● From Previous Page “It was a most unprovoked assault on a person who went to pay his money in a legitimate matter and he trusted the Bench would make an example of Martyn, as it was not the first time he had interferred with his client.

“The complaint was brought under the 15th section of the Police Offences Statute, which provided for a fine of £10 or three months' imprisonment.

“He would call F. H. Arkell, who being sworn, deposed that he knew the defendegt.

“On the 18th April saw him at his own place at South Portland, where he (witness) went to see him about registering some cattle.

“Asked him what the charge for small cattle was and he said Is 6d.

“Said it was too much according to the rules, and he said he would take 9d.

“Told him to come to Mr. Wilkinson's office for the money and he said he would impound the cattle.

“Told him they were in McDonald's paddock and he said he would impound them from there.

“Said 1 had enough of his bounce when he rushed out and tried to drag me off the horse, saying that I knew all about McDonald's hut being burnt down.

“Know nothing about the burning of the hut, which took place some years ago.

“Defendant then came up in a threatening way and when I made off he came after me with a spade, with which he followed me for 50 or 60 yards.

“He did not strike me as I kept clear of him.

“Mr. Wilkinson remarked that the definition of an assault covered the fact of a person assuming a threatening attitude to another in close proximity.

“To defendant-You were in the garden when I came up. Was not in your yard. You did lay hold of me. You said

● The former London Hotel in Portland: mentioned in Court case about ‘night’ services “I knew about the Richards v. Brown and othburningof McDonald's hut. ers, the Executive Commit“Defendant stated that in- tee of the Portland Exhibiformant had not paid for his tion.

Mr. Lyne (for Richards) cattle last quarter and he wanted to get out of it this opened the case and stated his client claimed £4 5s for quarter.

“He came over to his work and labor done as night(defendant's) house and said man for the late Portland he was going to pay for cattle Exhibition.

“His client sent in his acon the common, although they did not belong to him count in the usual way, but the committee had endeavbut to his wife.

“He asked the fees, told ored to settle it with 30s. This him Is 6d per head or full was declined and proceedgrown cattle, and 9d for those ings were taken for the full amount. tnder two years.

“Josiah Richards, sworn, “I told informant I would not go to Mr. Wilkinson for said-Am a nightman and was the money as he had been employed on the lst March by four times to Arkell's house Sergeant-Major Cay to do already, and he always had the night work at the Exhibition. some excuse.

“He asked me had I any “He told Arkell he would impound the cattle and the idea what the price would be, latter then used violent lan- and I replied "No, it will be a guage, requesting defendant big affair and I cannot say any price as my partner will to come out in the road.

“He ordered Arkell off the have to come a long way with premises on aacount of the a horse and dray."

“He told me it would have bad language he was using in the presence of his (the to be kept clean, and asked speaker's) children. He me to attend nightly.

“I said I would until I saw (Arkell) then rode away.

“Mr. Wilkinson asked to if it could be done alter nate be allowed to put his client nights. Nothing more was again in the box, and on this said until the job was nearly being granted Arkell said it finished “On the 25th March saw was not true that he had asked defendant to come out on the Mr. Southern, who said he heath. He was frightened of would rather I postponed my visit until, the 26th. On the Martyn.

“The Bench after a very 27th took in my bill for £4 short consultation dismissed 5s, when Mr. Southern said it would be all right. the case.”

“I heard the bill was dis★ A fortnight later, Martyn puted and saw.Sergeant-Mawas a witness in a case where jor Gay, who said I would

have to knock off £2. I said I would not and saw Mr. Southern and tried to reason with him, but got abuse - such abuse as I have never met with before.

“He called me an old fraud, and I told him if the full amount was not paid I.would.take steps to recover.

“To the Bench - The visits were from about 11.30 and later.

“To Mr. Wilkinson - I have no fixed rate or rule for nightwork. I cannot have them as I am compelled to charge according to the work.

“There were four pans at the exhibition. I always try to avoid allowing the pans to get full. The four were attended to every visit whether full or not.

“I consider' the charges very reasonable. The Secretary pays 3s for getting one pan emptied. The amount is still due, Received a cheque for 30s., but did not make use of it.

“A letter (produced) accompanied the cheque.

“Believe it was last Saturday week I received both, but am not positive. Never acknowledged receipt of letter, and did not return cheque.

“When I saw SergeantMajor Cay nothing was said about a price further than what I have already stated.

“The pans were cleaned every night until I found they could be done every other nighit.

“They were einptied every other night to ease the committee.

“The charge is 7s 6d for every other night and 5s each for single visits. Had other places to visit in the town as well as the exhibition.

“To the Bench - On the 4th March emptied the four pans for Ss, and for the every other-night visits at the rate of 7s 6d.

“Sergeant-Major Gay told us to go to work and make our own charge.

“To Mr. Wilkinson - On the 1st March no price was ● Turn to next page at the Exhibition was feul nearly every time; the others were not.

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Nothing Without Labour ● From Previous Page mentioned. No price was stated of any kind at any time, Martyn is my partner for the job.

“We clean other pans in the town.- The charge for the London Hotel is 16s a month for two small pans: They are cleaned twice a wek now; it was three times.

“That is about 8d per pan.

Never allow pans to be full, and had it been necessary would have gone oftener to the London Hotel for the same charge.

“After the first week we visited the Exhibition three times per week.

“May have gone to the London Hotel and other places as well on the same rights.

“When Mr. Southern had the Richmond Hotel I charged him 10s per month for three pans and visited as often as required, sometimes three times a week.

“Visits depended on whether the hotel was full or not. The charge was l0s a month for the year.

“There was no agreement to charge anything, as no amount was stated for the Exhibition.

“To Mr. Lyne - When services are required for a long period it makes a difference.

The pans at tile Exhibition were under cover and not diffioult to get out.

“To Mr. Wilkinson - The cart could be backed to within a little distance of the pans. Very little difference between them and those at the London Hotel so far as carrying. Have had to wait some time for the key of the gate to get in because had to attract the watchman either by whistling or shouting.

“Edwin Martyn sworn, said - Am a partner with Richards and assisted to do the night work at the Exhibition.

“Consider the charges fair for the trouble we had.

“To Mr. Wilkinson - Was not present when Richards and Cay had the first conver-

sation. Cay told me we would have to go every night.

Cay told me about 5s or 7s 6d would be a fair charge.

“We use a horse and cart and could get within a few yards of the pans.

“Have a contract with the Government and get 9d to 10d for emptying the pans from the Government offices, but there is no trouble about them.

“One of the pans at the Exhibition was full nearly every time; the others were not.

“Edward Charles Gay, sworn, said - Am Battery Sergeant-Major and was deputed by the Exhibition committee to make all arrangements for the latrine and for the cleansing saw Richards on the afternoon of the lst March and asked him to do the work.

“The price was mentioned and I told him they got 2s 6d at other places and would get the same for this. That was for every visit.

“On the 2nd March they cleaned up the battery latrine.

Martyn was there but said nothing about money.

“He neither said it then or after wards, nor did I hear Richards say any thing about the price.

“For cleaning the battery pans John Martyn received 2s 6d a visit, and on that basis I agreed with Richards.

“To Mr. Lyne - I reported the arrangement to the committee, and told Southern the arrangement was 2s 6d a visit.

“Am not aware Richards is very deaf, but believe he heard all I had to say on the 1st March as I do not speak very low.

“Richards did not say he would come for 2s 6d. he may have not heard what I said.

“To Mr. Wilkinson Know the commitee passed 30s. It was calculated on what i said would be given, 2s 6d a visit.

“Richards did not appear deaf to me and 1 thought he

■ “Intelligence was received by the police that an old man named Martyn, living on the Cape Nelson road, had been found dead in a drain near his residence,” reported the Portland Guardian on August 23, 1889.

“The deceased, who was a very old resident of Portland, and has several grown up sons in the town, lived by himself in a house some distance past the cemetery.

“He was seen yesterday evening at 4 o'clock, but this morning one of his grandsons on going to the house was horrified to find the unfortunate man lying dead face downwards in a shallow drain.

“The supposi tion is that the deceased, who was of rather full habit and at the same time very feeble, fell into the drain and had not strength to rise agan, and there being no person near perished by suffocation.

“An inquiry will be held.”

Edwinwhat I said. He agreeu heard to visit every night. Never said above 30 words to the man altogether.

“To Mr. Lyne - Do not remember meeting Martyn in the Exhibition and saying anything about the charge being 5s or 7s 6d.

“Albert Edward Southern deposed that he was Secretary for the Portland Exhibition and remembered Sergeant-Major Cay saying he had arranged the emptying of the tins for 2s 6d a visit.

“When he received the second account from Richards he brought it before the committee but had to draw attention to the amount as he considered it excessive and not according to arrangement.

“It was moved and carried that Richards be paid 30s, at the rate of 2s 6d a visi;.

“So far as he knew there was only a verbal agreement between Richards and Cay. “A cheque for 30s had been sent to Richards but no acknowledgement had been received from him for it.

“To Mr. Lyne - A letter from Richards' solicitor was received demanding the full amount after the 30s cheque had been forwarded.

“The cheque has not been passed through the bank. I had two interviews with Richards and objected to his account on both occasions.

“Know nothing about the 7s 6d charge. Was told the figure was 2s 6d. Richards de clined to amend his account and said the charge was a fair one.

“To Mr. Wilkinson - Inspected the pans on several occasions and found very little in them.

“To Mr. Lyne - Some thousands of persons visited the exhibition. Did not see the pans at night.

“The plaintiff was recalled and stated that at th first interview with Sergeant Major Cay nothing at all was said about a price.

“Verdict for plaintiff for amount £4 5s and £1 3s 6d costs.”

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Death of Thomas Martyn ■ My great-great grandfather Edwin Martyn’s father, Thomas Martyn, was found dead on August 23, 1889.

A Magisterial Inquiry was carried out.

“On Saturday Mr. E. C. Bell, P.M., held an inquiry into the death of the late Thomas Martyn, who was found dead in a drain on Friday last,” said the August 26 edition of the Portland Guardian.

“The first witness called was William Martyn, who being sworn, deposed: Am a farm laborer, residing at Portland.

“The deceased, Thomas Martyn, is my grandfather.

He resided in the parish of Portland, and was a bootmaker. He lived by himself in a hut.

“I last saw him alive on Thursday, the 22nd inst., at his house. He was apparently in good health.

“Spoke to him just before he left for my uncle's place, about a mile distant, to which he said he was going.

“He had his meals at home, and occasionally at my uncle's and my father's.

“He was supported by his sons, not having worked at his trade of late. He was not well able to work.

“Missed him yesterday from his home. I went to the house at half-past ten. Went into the hut and found no one there.

“Then went directly to my uncle's place, but he (deceased) was not there. My uncle and I then went to search for him.

“In about a quarter of an hour found him, about halfa-mile distant from my uncle's.

“He was lying in a drain, on his right side, face downwards. There were seven inches of water in the drain.

“He was quite dead. My uncle and I raised him out of

● The Portland Guardian of August 26, 1889, carried a report on the death of Thomas Martyn, father of my great-great grandfather Edwin. the drain and I then went and but was feeble from age. in formed my father.

“He told me that he oc “Deceased carried a stick casionally had attacks of usually, but I did not see it lightness of the head, and I when we found the body. was with him when he had “It was subsequently one of these attacks. found. Found his hat about a “When he was at my place yard away, on Thursday spoke to him, “He must have crossed a but did not hear what he said fence to get to the drain, The in reply; called my wife to fence was about 10 or 12 hold up a rail for him, saying yards from the drain.

"Poor father is done."

“Of my own knowledge I “He did not have dinner did not know that deceased before he went; he went away suffered from lightness in the without us knowing, and as head, but I have been in- it was very unusual for him formed he was subject to to do so I was nearly going such attacks. after him.

“Frederick Pierce “I did not see him again Martyn, farmer, de posed: until yesterday morning Am a farmer residing in the when, in consequence of parish of Portland. what the last witness told me, “The deceased, Thomas I went with him to search for Martyn, was my father. He father. was 77 years of age last birth“Found him lying in a day. drain in which were about six “My brother and I latterly or seven inches of water. supported him.

“The drain was on Mr. “He lived about three Edgar's land. quarters of a mile from where “My nephew and I lifted I live. him out of the water and I “He left my place at mid- stayed with the body until the day on the 22nd. He went in police arrived. the direction of his house. He “The body was then re was healthy so far as I knew moved to my brother's resi-

dence, where it now lies.

“My father was a native of Patsteth, in Cornwall.

“Senior-Constable Young, sworn, de posed. Am senior.constable of police stationed at Portland.

“From information I received from Edwyn Martyn, a son of the deceased, I accompanied him to where the body was found.

“Examined the body and found no traces of violence.

“There was a discoloration round the face, neck and shoulders. Had the body removed to Edwin Martyn's, where it now lies.

“Examined the spot where the body was alleged to have been found, and from appearances it had laid there.

“There were no marks to indicate a struggle or violence.

“Dr. Brewer deposed: I have seen the body lying in this house.

“It is that of Thomas Martyn. I have known him for about 30 years.

“He was always in good health, but I observed of late that he walked with difficulty and was very feeble.

“The body is well preserved and in good condition with the exception of the marks of an old skin disease on the legs.

“There are no marks of violence or bruises anywhere about the body.

“There are discolorations about the face and body, the result of stoppage of breathing.

“I believe the deceased died from drowning, from the evidence of position of the body with the face in a drain filled with six or seven inches of water.

“He was asphyxiated by drowning.

“This concluded the evidence, and the Coroner returned a verdict of death from asphyxia by drowning.”

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Nothing Without Labour

Clays sue Gorae neighbours ■ Charles Clay Senior, and Junior, took their Gorae neighbours to the County Court after a fire ran out of control.

“C. Clay v. H.C. Williamson, claim for £70 damages,” was reported at length in the Portland Guardian of May 15, 1891.

Mr. Garnett, instructed

by Mr. F. L. Lyne, acted for the plaintiff (Clay), Mr. Wilkinson for the defendant.

“Mr. Garnett, in opening the case, said it was an action for damages done by fire to plaintiff's land.

“A fire had been lighted by plaintiff on his land about one and a half miles from that of plaintiff.

“It had extended in volume until it was about a mile wide and reached plaintiff's land, burning with such fury that it was impossible to stop it getting on to plaintiffs land and doing such damage as would be proved.

“Mr. Wilkinson said the defence was that the fire was not caused by defendant.

“Mr. Garnett called Charles Clay, sen., who being sworn deposed: Am a farmer residing at Gorae.

“Know the defendant. Remembered the 4th March, 1890.

“On that day saw a volume of smoke ascending from defendant's swamp. Defendant lived one and a hall miles from him, and in a north.westerly direction.

“Was in Court on the 21st March last when defendant was prosecuted for unlawful use of fire on his land.

“Heard him plead guilty, and heard him make a statement in the court.

“In extenuation 1 think he said that he had laid out a great deal of money on his swamp and was very anxious to clear it, and the fire broke away from him.

“Do not recollect him stat-

● Gorae School No 2532. (Nov. 24, 1981) Photo: John T. Collins. ing anything about the wind their utmost to keep it on the only that it was very strong. opposite side of the road-the “Saw smoke a day or two north side. before the 4th, but not much.

“They knew if they could “It was in the direction of do that the fire would not do the defendant's land, It was a much damage. common thing to see smoke “Did not succeed in keepthere in the summer time. ing the fire off, and had to “Saw the fire on Friday, give way to it. when it broke away from deThe fire got to his place fendant. about 12 o'clock on Saturday, “Saw smoke also on the 7th. Was sure it was a Thursday. continuation of the fire he “The fire was not very saw on defendant's land on large when it left defendant's, the 4th. but increased as it went on.

“Had 40 acres of land.

“On Friday a N.W. wind Some was cultivated and the was blowing and the fire rest grass land, timbered with mounted to the tops of the blackwood and gum. trees.

“Cultivated cereals and on “It increased in width from orchard belonging to his son.

10 chains to a mile and There was none under crop reached within 25 chains of at the time of the fire; it had his place on Friday,. been mown and gathered.

“Did not do anything to “There was nearly an acre keep it away till the evening of fruit trees in the garden, of Friday. which was securely fenced.

“Sent his son to see if there “His son lived in his (witwas any way of stopping the ness') house. About five fire, and he stayed till about chains of the fence round his 11 p.m. He himself was not land was burned. able to go.

“There were about 40 “Watched the fire from his chains of heavy spar fence house afterwards all night. It completely destroyed. He lighted up all the country valued it at £15. round.

“On the fire chains of pal“His second son came ing fence he put a value of home about 12 and went up £1 a chain. to the fire.

“They were good fences at “Next morning he and his the time of the fire. The oreldest son went up and tried chard was seriously dam-

aged. Got a man to assess the damage. He (the valuer) took the number of trees injured.

There. were apples, cherries, gooseberries, &c. Valued the trees destroyed at £42.

“They had been planted three years. The valuator's name was Frederick Stuchbery.

“Went up to detendant's place on the 9th of March, Monday. Stated to him the damage received from his fire, and he said he was very sorry.

“He came down and saw what damage was done, and he (witness) asked him what recompense he would allow him. He said he was sorry but he could allow him nothing.

“Owing to the fence being down the cattle and kangaroos got into his ground and ate his vegetables and drank his water.

“An argument here took place between his Honor and the learned counsel for the plaintiff as to defendant's liability for damage caused by cattle getting into plaintiffs land after the fire.

“His Honor ruled that the owners were liable for the trespass of their cattle whether the fences were down or up.

“He would cot make defendant pay for damage caused by other peoples' cattle.

“Witness continued - He estimated the damage to grass by the fire at £10. A scythe, gardening fork, &c., were burned. The tools would be worth about 16s.

“Cross.examined by Mr. Wilkinson. When he saw the fire on Wednesday he went up towards it.

“Did not see what was being burned. Went within about half a mile of the fire.

He was perfectly sure it was on detendant's land where he saw the fire. ● Turn To Next Page

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Nothing Without Labour

● Map of Gorae and surrounding areas, County of Normanby. Dept. of Lands and Survey, 1913. ● From Previous Page “They tried to keep the “Never told them to go on. land working at the fire.

“Charles Clay, junr., de“Saw no other fire then grass from burning. There He would have been glad of posed that he was son of the nor on Thursday. Was not was a very hot wind from the their help.

“The cart was coming last witness. near de fendant's land on north.

“He re membered the fire “Some of the paling fence from the defendant's place.

Thursday or Friday.

“On the latter day saw a had been erected 12 months Did not light a fire o face the referred to in his father's eviother one; it would have been dence. great smoke as cending, and the rest two years.

“On Friday he first saw the “The boundary fence ridiculous under the circumabout half-a.mile away. He fire in the direction of did not go far up the road. burned was made of heavy stances.

“The fire only burned one defendant's.

“Might have seen smoke spars. Some of it had been up appeared to be a large elsewhere but not within two 10 years. Every two years he side of the road till it crossed fire“Itfrom the quantity of had a portion burned down over to his place. There was miles of his place. smoke, but he was 1I miles a good deal of country not away. Did nothing “Owned other property by incendiarism. when be “That was what he called burned be tween he and about two miles away from saw it. that under notice. Did not lighting a fire to burn another Cummings.

“The wind wasN.W. Then “Conroy's land was three went into Portland and reknow how far:it was from out.

“About 12 o'clock on Sat- or four miles from his place. turned about 12 o'clock the defendant's.

“It was next to Mr. urday he saw two men and Knew nothing about any fires same night.

Cumming's. There was a fire two females. One of the men there.

“Saw then the fire was “He came asoross a fire only half.a.mile away from there, and the back fence was was driving a loal of sawn timber. near the railway gate about his father's land. burned.

“Called their attention to two miles from his place, he “That fire was started “The fire was then about a loose swingletree, and they believed that took place on half-a.mile wide. The fire without his knowledge. was coming from the direc“Thought that it took place were driving fast, getting the Monday.

“Re-examined by Mr. tion of defendant's, on Friday evening. The fire away from the fire.

“A bag of chaff that one Garnett - There was no fire “Next morning the fire that burned him out took of the females was sittingon on Cummings' land. had come about five chains place about 1 on Saturday.

To His Honor - Never nearer their land.

“Fought the fire with caught fire, and they put it out. ● Turn To Next Page saw anybody on defendant's green branches.

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Nothing Without Labour ● From Previous Page “Tried to keep the fire from crossing the road. but was not successful.

“Was not there when the fire came to the fence; had gone up to the other land to see the fire there.

“On coming back the fire was on his and his father's land. (Witness here gave corroborative evidence regarding the damage done.)

“There was a fierce fire burning on the south side of the paddock he went over to see.

“No other fire but that referred to got into his father's place.

“Cross-Examined- Saw no other fires burning about on the Friday, Went into Portland that evening, did not think there was any immediate danger. Saw no other fires on the way into Portland.

“The piece of land he went to see on the Saturday was on the other side of Cumming's from defendant.

“It was situated south west from his father's. The fire on it he believed started about half.a.mile further west.

“Saw nothing of King on the Saturday. Saw Edwards Cross in the morning about six o'clock along the grubbed road.

“Cross told him there was a fire burning at the back of his father's land, west of Cummings'.

“Told him we feared the fire coming from defendant's, and in reply to a question be said he did not think we could get any help from people in his quarter.

“Endeavored to keep the fire from spreading by beating it with green boughs. Did not tell Cross that we had lighted fires.

“Had seen Cross since and spoke to him. Asked him if he would go as a witness, and he said if he was subpoened he would.

“Subseqnently I saw him, and he said he would not state wat he knew until he got to court.

“Asked him why he was

● Gorae School No 2532. (Nov. 24, 1981). Photo: John T. Collins. so reticent, and he said he did “Met Clay going to Port“I think the wind was not want to give evidence at land. Saw Clay's place after north west. On Saturday I all. He said he heard witness it was burned. The spar fence saw traces of the fire from say that they started a fire was worth more than £20 a defendant's to Clay's. against the main body of the mile when it was put up.

“Was going to Clay's to fire.

“The paling fence was lend him a hand, but could “The greater part of the worth £1 a chain, The trees not get there for the fire. fruit trees were absolutely were well loaded with apples “Cross-examined-There killed. when he saw them, was fire on the right-hand “Re-examined - Did not “Cross-exasnined - Saw side of the road on Saturday. light a fire to check the ad- no other fire on he Thursday. Was coming from Rosenvance of the other. Did not On Saturday evening went to bloom's mill with the bulsay we did so to Cross.

Cummings', and there was a locks on Friday to load logs.

“Robert Hollis, sworn, fire burning at the back of “Passed father's place. deposed: Am a farmer Cummings', near Clay's “Albert Hollis sworn: residang at Gorae, near other paddock.

Remembered a ire on Friday, defendant's land.

“Those were all the fires 6th March, between 7and 8 “Was about 60 chains near at hand at that time. Was o'clock in the evening. It was from defendant's land. Saw a with Mr. Williamson on the between Clay's and Willfire on his land on Thursday, Thursday and saw fires burn- iamson's, and was burning March 6. ing on defendant's pro.perty. towards the south.east.

“It was not a large fire Did not wait till the trees “Saw it on the Saturday then. Went to Bolwarra on went out. burning towards Clay's. It Friday, the next day. On “The fire went near but not was then within 15 chains of Thursday went over to see if through his place. Was ex- Clay's fence. It was a large I could assist defendant. pecting the fire to come to fire.

“At 6 o'clock saw it had “The fire was not then him from two quarters. burning bad. and staying “The spar fence burned burned right through. Saw no there till 5 o'clock went home would not be as valuable as signs of a fire in any other direction to Clay's. thinking there was no danger. a new one.

“Cross.examined - saw no “Defendant was watching “John Hollis, sworn, deit to keep it out of his orchard. posed: Am son of last wit- other fires on the Saturday.

“Thomas Collyer, sworn: “Returned from Bolwarra ness. First saw the fire on by the grubbed road at about Friday 6th March, about Am a school master, living at 7 or 8, I got into the fire and 3.30. It was between Will- Gorae. Drew out the plan had to return and follow the iamson's and Clay's. Was produced. The arrowheads grubbed road right up to driving bullocks at the time. represent the contour of the defendant's to get home; the Could hardly tell where it burned ground. ● Turn To Next Page fire was burning all the way. was coming from.

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Nothing Without Labour ● From Previous Page “That plan was made since the fire. Know of no other burned ground leading up to Clay's. Saw a fire on Friday evening.

“Cross-examined - Saw no other fires on Friday, but on Saturday saw two others.

Knew of no traces of fire on Cummings' side of the grubbed road.

“George Clay, sworn: Am son of Charles Clay. On Friday, the 6th, saw a large quantity of smoke in the direction of Mr. Williamson's.

“Went towards the latter's, and stood within a short distance of his premises. Saw that logs were burning inside and outside his paddock and that the fire had broken away.

“Saw the fire again on Saturday morning and tried to beat it out with his father, but failed.

“The fence round his father's was in fairly good order.

“Cross-examined - On Friday the fire was large, “Joseph Pedratzzi, sworn: Recollected the fire.

Saw it on Friday and went through it. It was between Williamson'sand Clay's.

“Could not tell what direction it came from. Was at Williamson's on Saturday between 1 and 2, “Went towards plaintiff's.

Saw the fire then. It was all along the left-hand side of the road between Williamson's and Clay's.

“Could not get nearer than 15 chains from plaintiff's, on account of the smoke and fire.

“Frederick Stuchbery, sworn; Am a gardener in the employment of Mr. Must, with whom I have been 13 years.

“Know the value of fruit trees. Knew the orchard that was burned. Went up to put a value on the trees.

“Went on the 8th and on the 22nd to put a value on the trees. The valuation produced (£46 10s), is a correct estimate.

“Cross-examined - Am

● Gorae School No 2532. (Nov. 24, 1981). Photo: John T. Collins. son.in-law to plaintiff. All the but His Honor said he would tiffs in direction of Portland. trees were not killed. not stand upon formalities in “Saw fires, the main one “Edward Albert Stuch- such a case. being on the right hand side bery, sworn : Am a farmer “The Court adjourned for of the grubbed road, about 15 residing at Portland. lunch. chains from Clay's fence.

“Knew the value of fenc“On resuming, Mr “Was drivingalongthe ing. The fence destroyed on Garnett called William road in company of John plaintilff's land was worth Murcell Smith, who, sworn, Magee, and the fire was on £30 a mile to erect. deposed: Am clerk of Petty our right “The fence was in good Sessions at Portland.

“Got wtithin 15 or 20 order, and was worth £20 a “He produced the convic- chains of Clay's without any mile when burned. tion in the case of Crown v. trouble, hen we had to drive “The paling fence was Williamson. full gallop to get through it. worth £1 a chain as it stiood “Mr. Wilkinson objected “Magee got his arm at the time of the fire. under the 77th section of the singed and one of the horses “This concluded the evi- 'Justices Act.' He submitted was singed. dence for the plaintiff. that there should be a copy.

“The fire was then burn“Here an argument ensued “His Honor - Do you ing from what I would take between His Honor and Mr, mean that the original is bad to be the N.W. corner, This Garnett counsel for plaintiff, and a copy good? I must ac- was about noon. as to whether the defendant cept it.

“The fire had burned and had admitted to plaintiff hav“This closed the case for gone on the left hand side of ing lighted the fire in ques- the plaintiff. the road. The wind was about tion.

“Mr. Wilkinson submit- W. or N. W. “His Honor contended ted that a non suit should be “The furthest corner of that no date had been men- granted. The conviction of Clay's paddock from the tioned in the evidence give defendant for unlawfully road was on fire when we

by Clay, sen., regarding a leaving a fire had not been passed.

“To His Honor - The fire conversation between he and connected with the fire under was travelling toward the defendant, and Mr. Garnett notice.. was as positive there was.

“The judge declined to north.

“Witness - Saw Clay and “His Honor referred to the nonsuit the plaintiff, and Mr. Guardian reporter, whose Wilkinson called Daniel his son at the time I speak of.

“They had boughs Clay notes were found to agree King, sworn, deposed; Retold as to push on get out of with his own. side at Gorae.

“Mr. Garnett asked per“Remembered Saturday, the road of the fire. My sister mission to recall the plaintiff 7th day of March. Came and Mrs. Kent were also in to amend his evidence. along the grubbed road be- the trap.

“Mr. Wilkinson objected, tween defendant's acnd plain● Turn To Next Page

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Nothing Without Labour ● From Previous Page “There was another road by which the town could be reached, called the Elbow Ford road.

“It branched off between Clay's and Williamson's to the right. It passed at the back of Clay's property. We would have gone that road but were afraid of meeting a fire.

“On Friday there was a fire on Clay's other land, and I assisted to fight it. Then there was a fire on the right hand side of the grabbed road, about two miles this side of Clay's, on the Saturday.

“The fire we saw on Saturday had a front of about 15 chains, and was coming up abreast of the road on the right hand side.

“It was travelling near about from west to east.

“Had been a long resident in the district, and had been accustomed to fencing.

“The boundary fence of Clay's I reckon was worth about 1s 6d a chain before being burned, It would be worth about 3s a chain new.

“The garden fence, of which a portion is standing, I estimate at a value of 15s per chain.

“Could not see that any good grass land was destroyed by the fire.

“Was in company with Thomas Wilson when I made a valuation.

“Cross-Examined - Had a contract under defendant.

Have done 1 good deal of fencing. His parents held 500 or 600 acres of land.

“He had done some spar fencing for his father, and it cost about 5s a chain. Half.amile of plaintiffs fence would be worth about £3 for half. mile in the position it was.

“His Honor - Would you take a contract to erect it for £6 a mile.

“Witness - No, but it was partly rotten, and the timber was on the line. The north side was all burned, part of the west and part of the east.

“Am speaking of both allotments fenced together.

Edwin

Elbow Ford Rd, at the back of the Clay property

“The east line was buned in patches, at the north end, and the same end of the west side, while the whole of the north line was burned.

“The south side was burned on the east side. There was a good deal of smoke about, but could see 10 or 15 chains away in any direction.

“Re examined - A new spar fence could be erected on Clay's property at 3s per chain.

Re Cross exsmlned - Clay senior's land is on the east.

It was not on fire when I saw it. It was burned the next time I saw it - a week or a fortnight afterwards.

“John Magee, sworn: Remembered Saturday, 7th March (Witness corroborated the eviderce of the previous witness regarding the fire near Clay's corner.)

“He polled up when he sw Clay, who told him to pull up. He had his right arm singed. The flames were blowing on to them on their right.

“Cross examined - Did not know the cardinal point of the compass, as he did not

belong to the district, It was about 12 o'clock on Saturday, “Hugh C. Williamson, sworn, deposed: Am defendant in this action. Know plaintiff, Saw him on the 9th March.

“He came to my place and tied his horse to the fence, and after talking about the fire on my property he came in had some refreshment “Afterwards he asked me what I could do for him to save him from appearing against him.

“I told him that if I was sure it was my fire that caused the damage and it was in my power I would compensate him.

“After.wards he said he could see that my fire was purely accidental and he must look after the other man, speaking of Thomas Wilson, who he said had caused the fire in his other selection.

“This latter I should think to be about a mile from my place.

“Went down the road on the day following, and went to Clay and saw him. Looked round what he had lost, and

told him I was very sorry for his loss. Could not say that the fire that burned me out was identical with that which burned Clay out.

“His place is a mile and a half from me. I was burned out on Friday, the 6th.

“On Saturday saw a great smoke to the west of Mr. Cummings' and in different other quarters. On Thursday, the 6th March, I was assisting Mr. Cummings in his threshing.

“I saw smoke and went to see if there was any danger.

“There was not much wind at that time. Found the cause to be a rung tree in my paddock on fire, “Did not see that tree on fire. Previous to Wednesday, the 4th, there had been cold, southerly wiods.

“Cross examined Pleaded guilty to a charge of unlawfully using fire on the 4th March.

“1 lighted the fire to burn up the roots that were in the way of some drain making I was engaged in. He had said in the Court that the fire had got beyond his control. ● Turn To Next Page

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Nothing Without Labour ● From Previous Page “It got away from him on the east side, Knew when the stack burned the wind was due west.

“This was about I1 or 12 o’clock. When the fire got away from me the fire was going to a point to the left of plaintiff.

“Could not say whether the wind went to the north. I do not believe it was the fire from my place that burned Clay's.

“Could trace burned ground all the way from my place to Clay's. There were several patches of green between his place and Clay's on the left hand side of the road.

“Re-examined - it was about 15 chains from the fire I had lighted at my drain and the tree spoken of as being on fire “Could not say how the tree on my place got on fire.

“Joseph Coach, sworn: Am a gardener. Remembered visiting Clay, sen.'s property on 30th April. Mr. Poland was with me.

“Saw fruit trees destroyed.

Made a valuation (produced).

The damage done I estimate about £14 13s. Had 30 years experience in gardening.

There were a variety of apples.

“Cross-examined - Did not see the fruit trees before they were injured. They were only charred.

(Some litttle sparring took place between Mr. Garnett and the witness in reference to the value of the trees.)

“Did not know the value of a tree till he saw the fruit.

Was not asked to inspect the fruit.

“Mr. Garnett - You evidently don't know anything about fruit trees.

“Re-examined - Valued 60 gooseberry trees at £3.

“William Poland, sworn - Made a valuation with last witness of fruit trees on Clay's premises.

“The valuation produced was correct. Am a nurseryman and gar dener Know the value of a fruit tree.

● Gorae School No 2532. (Nov. 24, 1981). Photo: John T. Collins.

“Examined each tree care- 5th. There were fires in ev- the value, but I think £20 is not too much. fully. There were no large ery direction on that day.

“Next there are the fruit “His Honor said - In this trees in the garden.

“To His Honor - Some of case it has been shown that trees. There are two different the trees were 12 months and the defendant pleaded guilty estimates. Plaintiffs valuer ranged up to nine years old. to having on the 4th of March has put them down at £46 “Cross.Examined - Had lighted a fire in the open air odd, and that 1 believe is too given Melbourne price for and allowed it to remain high.

“On the other hand the the estimate. He would get a without extinguishing it.

“Immediately after the fire defendant's two valners cantree for 1s by taking 100. Did not allow anything for the broke out in his own ground, not explain the basis on fruit for the coming season. and next day it got beyond which they arrive at their estimate.

“To His Honor - To value his control.

“They tell you that they “So he stated in the Police an orchard properly a person wanted to know the qualities Court. I cannot understand cannot put a value on the orhow we have been told that chard unless the fruit is on the of the fruit.

“Thomas Wilson, sworn: there were fires in a dozen trees, and yet they have put on a value and did the thing Knew Clay sen's. property different places.

“The only object seemed they said they could not do. for the last 10 years. The “The orcbard was eviboundary fence was a spar to be to humbug the Court.

“The fire defendant dently not one that was well fence. The fence was old and rotten, and I value it at ls 6d pleaded guilty to having cared for and the plaintiff was lighted was traced by numer- not a market gardener or fruit a chain.

“Had a lease of land ad- ous witnesses direct to plain- grower.

“I must put some value on, joining Clay's. Did not see tiffs ground.

“There it did mischief, and and for the fruit and palings the paling fence before the fire, but since. I reckon it the only question is what I will allow £25, and give worth about 14s 6d a chain. amount of damages the plain- judgement for plaintiff for £45, costs to be taxed.

“Saw where the fire came tiff is entitled to.

“C. Clay, jun., v. H.C. “It is hardly possible to through Clay's. Not much grass was burned; the fire value the fencing, but at is not Williamson, a similar action went through the scrubby enough to allow simply the to the above, claiming £50 damages. value of the old fence. part of the paddock; “This case was settled by “It must be estimated what “£2 10s would be good value fos the grass burned on it would cost to put the plain- consent, the defendant paytiff in as good a position as ing £30 and costs.

Clay, senr's.

“The Court adjourned at 4 “Saw defendant at he was before.

“It is difficult to arrive at p.m, until the following day.”

Cummings' on Thursday, the

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Who was the birth mother?

■ Who was the birth mother of my grandmother Althea Clay, and her sisters Charlotte and Edith?

Althea Clara Clay (Later Long) was said to have been born on July 4, 1889, at Gorae, near Portland.

Charlotte Clay was born in 1884 at Portland (no date available).

Edith Victoria Clay (later Schofield) was born in 1903 at Portland.

We believe that Althea’s birth mother was Aboriginal.

We believe a similar heritage applies for ‘Lottie’ and Edith.

There are a number of questions: ■ Were the girls adopted formally or informally - by Charles Clay Junior, a Methodist lay preacher whose area included the aboriginal settlements of the region?

■ Did Charles Clay Jnr father the girls with mother/ s other than his wife, Ellen Norah Clay (nee Martyn)?

■ Were the girls fathered by another family member, but raised as if Charles Clay Jnr were their father? If so, evidence might best point to eldest son George Clay, born 1850, unmarried for life, as a possible birth father.

■ Were there aboriginal female servants who worked on or near the Clay family properties at Gorae?

It is worthwhile to examine the history of Aboriginal settlements from Lake Condah, Framlingham and Ebenezer.

Much of that history - or at least one man’s version is contained in the frequent reports of the Rev. Johan Heinrich Stähle, a German missionary (1840-1915) who first took charge of the school at the Ebenezer Aboriginal mission in the Wimmera.

In 1875 Stähle accepted an offer from the Church of

● Edith Schofield and Althea Long at the 1950 wedding of Violet Althea ‘Girlie’ Fleming (nee Long) at the East Ivanhoe Methodist Church.

Also pictured is Edith’s son, Edwin Schofield.

England to take charge of its Aboriginal mission at Lake Condah in the Western District of Victoria.

He managed Lake Condah for most of its existence.

The 1886 Aborigines Protection Law Amendment Act, which required that all Aborigines who were not 'full blood' leave the missions, he attempted to gain land grants for those required to leave

Lake Condah and criticised government policy. The number of residents declined greatly after the 1886 Act (as was the intention) and the last years of his supervision witnessed the mission's decay.

In reports, Aboriginal women was hardly mentioned by name until 1875.

Only first names had been used.

The Mission reports portray a probably-’white-

washed’ version of true events. Of all the births recorded over 20 years, we could find listings for child born with two married parents, each with the same surname.

No births to single mothers could be found. No mothers died in childbirth, which was quite unusual for this period.

“There are about 300 (three hundred) Aborigines, including half-castes, who prefer to roam about the country, and will not settle down upon any of the stations,” said Alex. Morrison, Vice-Chairman of the Board for the Protection of the Aborigines of the Colony of Victoria, in a report presented to both houses of Parliament in 1888.

“They are supplied with clothing and rations at depots in different parts of the colony Althea’s birth mother, who conceived, in 1888, would have probably had no mention in early records, making her aged 13 or over as at 1875.

The Rev. Stähle wrote, on August 27, 1888: “There are at present 27 of these people away from this station residing among whites, endeavouring to earn their own living and to establish homes for themselves.

“All experience is against the principle of hiring out Aboriginal girls as servants, and we cannot recommend it.

“The girls, as a rule, are not able to protect themselves from the advances of a class of white men into whose way their duties may throw them; and although, in very rare cases and under very favorable circumstances, the girls have escaped temptations to which they have been exposed, the hiring-out system is attended with very great danger. ● Turn To Next Page

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Nothing Without Labour ● From Previous Page “In several cases girls with babies had to take refuge at the stations, and such sad events can only be avoided by keeping them at home.

“Besides this, it may be mentioned that there are not eight or ten girls to be found in the whole colony of Victoria fit to be hired out.

“Now these girls have not undergone a change for the better to such a degree, nor have the circumstances under which they are to be hired out become so secure since then, as to enable them to resist temptations; on the contrary, the animal nature being in them, as among all savage races, predominant, they will become an easy prey, especially when they can see no prospect of being married to any of their own race; and while white men would ridicule the idea of getting married to an Aboriginal halfcaste, a good many unprincipled fellows would not be slow in accomplishing their ruin.

“I would therefore earnestly request that all halfcaste girls, and especially those of a darker colour of the mixed blood, may be allowed to remain on those stations where they are located, until the young men, who have to leave, and who have left the station already, have succeeded in making homes for themselves and can see their way to come and marry them; and if any of the girls should get married to full blacks, I beg to remark that, while we have no legal power to hinder them doing so, it will be a hundred times better to see them married to people of their own race and colour, than to force them out among whites, and thus expose them to ruin.”

The Board reports offer a snapshot of the dilemma faced by Aboriginal people in the Portland region around 1888.

“The fact that the race is dying out fast, and that there are only a very few to marry,

● The Rev. Johann Stähle’s reports were presented to both Houses of the Victorian Parliament. ought to make it all the more mined to leave the station and desirable to put no restriction earn a living for themselves upon them in this respect. and their families in the best “The blacks have con- way they can, rather than part ducted themselves satisfacto- with their girls and have no rily as a whole, but have not prospect that they should be worked with the same bright- able to marry among their ness and hopefulness on the own people and settle down station during the past year on the station, which they as they did formerly, for I had have always looked upon as always kept the prospect be- their home. fore them, which I believed I “When one considers that was justified in doing, that if grave doubts were enterthey worked well, we could tained about the Aborigines secure a station income, ever settling down to a civilwhich would enable me to ised life, and the trouble the pay them regular wages, and missionaries had to train that this station would always them to do so, it seems all the be a home for them and their more deplorable that, after children; but as it has since this has been successfully accome about that we have to complished, they should ever send in the money for wool be caused through any means and stock to the Board, and to take again to a wandering the children of these Aborigi- life, with its consequent vices nes are forced to leave the and hardships. station by Act of Parliament, “I trust, however, that the while the few remaining Board may yet see their way blacks are to be prevented to consider favorably these from marrying after their points referred to herein own choice, they have lost all which are "burning quesconfidence, and are deter- tions" with our Aborigines,

viz. [namely]:—The future of their girls, the intermarrying between blacks and the mixed blood, and the permanency of the home on which they have done no small amount of work, as the Board well knows.”

The report of November 1, 1888, details the local numbers.

“The average numebr of Aborigines and half-castes who have resided on the various stations during the year is as follows: Coranderrk, under the magement of Mr Shaw ......................... 91 Framlingham, Mr Goodall ..................... 94 Lake Condah, Revd. J.H. Stähle ........... 95 Lake Wellington, Revd. F.A. Hagenauer ...................... 58 Lake Tyers, Mr Bulmer ..................... 62 Lake Hindmarsh, Mr Bogisch .................... 37 Total .............................. 437 “Eighty half-castes who lately resided on the reserves are now earning their own living, or are being supported by their parents away from the stations,” wrote Alex.

Morrison.

“Of this number, seven girls and six young men have good situiations, and are doing well.

“Two married couples are also at service. Five married couples, with large fam,ilies, are living on their selections, or on rented farms; and two children have been sent to the Brighton Orphange.

“The Board are happy to say that the hiring out of halfcaste girls as servants has, so far, been a success; and they have little doubt that other girls who are now being trrained on the stations for the same work will give like satisfaction to their employers.”

The report noted that no rations would be issued to half-castes under 34 years, as at December 31, 1889. They will “have to leave and provide for themselves”.