Walter Butler (c.1807-1870)- the life of a 'currency' lad born in the colony of NSW: Walter Butler- Ch. 16: Hobart- the Year 1856

THE YEAR 1856

The next references to Walter appear in the 1856 newspapers, an eventful year. As he was selected as a candidate for the election of an Alderman in the Municipal Council of Hobart, there are many articles, starting in February 1856, in which much personal information about Walter is revealed.

Municipal Election bid and speeches

The Courier Thurs 14 Feb 1856 p3

Municipal Election:

A meeting of Ratepayers was held last night at Ottaway Family Hotel, Liverpool St., to consider the best means of promoting the election of Mr Walter Butler to the seat in the Municipality of Hobart-Town, now vacant by the resignation of Mr Philip O’Reilly.

After some preliminary observations made to his most immediate supporters at the commencement of the proceedings, Mr Butler withdrew, and the meeting was formally opened by the election of Mr O’Reilly to the chair.

Mr O’Reilly expressed the very great satisfaction he felt to find so able a candidate come forward as a successor for the seat he had recently vacated; he thought the electors might place confidence in Mr Butler- he was an efficient and active man, and one who had plenty of spare time upon his hands to devote to the interests of the citizens.

Mr Harbottle moved that Mr Walter Butler should be put in nomination, and Mr E.H. Ivey seconded the motion, which was carried unanimously. Mr Harbottle could not allow the opportunity to pass without bearing testimony to the character and efficiency of Mr Butler. He had known Walter Butler for 20 years, and had renewed his intimacy with him since his return from Victoria. Mr Butler came over as a man of independent fortune, and from all he (Mr H) had seen of him, he believed he would feel the utmost pride and pleasure in attending to the discharge of his duties in the Municipal Council. Mr Butler was a practical man, and he (Mr H) did not think they could find a more fit and proper person to fill the chair of Ald. O’Reilly if they searched the whole colony through.

His character and principles were known well; he was an honourable, straight-forward and upright man, and was in every way capable of fulfilling the duties of an Alderman. He begged to recommend Mr Butler for election, and had great pleasure in doing so.

Mr E. H. Ivey had only had the advantage of knowing Mr Walter Butler since he had returned from Port Phillip, but he considered him to be peculiarly capable of discharging the duties of an Alderman of this city with satisfaction to the electors (hear, hear) from the fact that he was a mechanic; that whatever he possessed he acquired by his own individual exertions and industry, and it was through the exercise of that industry he had realised an independent fortune. We have seen, said Mr Ivey, by our past experience, that the best men to represent the interests of the citizens at large in the Municipal Council are practical men and mechanics, individuals who can work, as well as talk about it. (Hear, hear). Men of different stations in life might purchase works to assist them to judge matters which came under their consideration, but when they lose the paper, they lost the subject also. (Hear, hear) The practical man never fails. It was said when Mr Sims was first put forward as an Alderman, “Oh, he’s only a bricklayer!” (laughter); but when such important subjects as the drainage of the city came under consideration, such men could tell you what was required, and the cost of the work, without reference to their library. It was not the mere theory, the book knowledge, which qualified a man to take a seat in the Municipal Council. By electing practical men, as the ratepayers of Hobart Town had recently done, it was easy to see the result. When we look at the present Municipal Corporation, and see that they excel any other corporate body, and that the City of Hobart Town banged every other capital city in the different colonies in the management of municipal matters, and ample testimony was borne to that part by numerous visitors, he felt that we ought to persevere in the course we had recently adopted. (Hear, hear). He had great pleasure in supporting Mr Harbottle’s recommendation.

Mr Charles Jones from all he had heard and seen, and with the knowledge that he was a thorough mechanic, agreed with Mr Ivey, that a more proper man to represent the city could not be found than Mr Walter Butler. He therefore moved that the persons now present enrol themselves as a Committee, with power to add to their number, to ensure Mr Butler’s return.

Mr Richard Reeves seconded the motion, which was carried unanimously.

The following list of Committee was subsequently read:

Messrs, O’Reilly and sons, Harbottle, Jones, Reeves, Ivey, Thomas, White, Ottaway, Grieg, Bowden, Luckman, Morgan, Coram, Cleburne, Edwards, Thomas, Edwards, Harbottle, Risby, Rushton, Tynan, Beddoine, Bayles, Willing, Baker, Susman, Lazarus, Wiseman, Riley, Armstrong, McCracken, Miller, Rosman &c.

Mr Walter Butler having re-entered the room addressed those present: He felt very much honoured and gratified at the reception he had received, and although the numbers might be considered small, yet that deficiency was made up in respectability, which was a great thing to be considered. It was only since between one and two o’clock yesterday, he had been asked to allow himself to be placed in nomination for the chair now vacant by the retirement of his friend Mr O’Reilly, than whom a worthier member of the Corporation never existed, and he could not help by the way wishing him a safe and happy voyage to the land of his birth, and speedy return to the land of his adoption (hear, hear). He, Mr Butler, had consented to stand with some degree of diffidence. In the first place, since his arrival here from Victoria he had taken no part in politics, and was consequently little before the public. It was true, however, he had been known to some of them 16 or 18 years ago as a hard working tradesman of this community, and he believed that he had sufficient practical knowledge to qualify him to judge of the requirements of a city like this. He had not come over to this colony from Victoria to seek honors, as well known to many of those present- he came, firstly, for the benefit of his health; and, secondly, to procure an education for his children, which he could not obtain in the other colony. (hear, hear) Mr Butler then compared the progress, which this city had made on municipal matters, expressing an opinion that the Corporation had effected more good with the means at their command than even the Corporation of Victoria had done with large sums of money at their disposal. (hear, hear) He felt bound to reply to the observation that had been let fall, that his time was short in this colony. Now, the nature of his business in Victoria did not require his presence there for a year or two at least, and he would pledge himself, should they do him the honour to elect him as one of their representatives, that he would never cease to act in their behalf until time and circumstances unshipped him from the office of alderman. (hear, hear) There was another thing he also felt compelled to notice. During the very brief time which had elapsed since the matter had been broached to him by his friends, it had been said that the idea of his election was the offspring of the thought of Alderman Thompson, that he would be completely under Ald. Thompson’s thumbs. (no, no) He denied the imputation with scorn. He would go there under nobody’s thumb, not even that of the Mayor or of the Governor of the colony himself. He would go in as a perfectly independent member, and should act in the manner he thought best calculated to benefit the city he lived in. Mr Butler, after rebutting some observations, which had been hazarded as to his qualification, professed his anxious desire to attend to the interests of every portion of the city. He felt no interest in particular localities, nor would he do things solely for one man’s benefit. He was no theorist, as he had said before, but a practical man, and whatever was required to be done he should endeavour to secure its being done well. If they thought proper to elect him, the trust and confidence they placed in him should never be abused. He pledged his honor if he did not do his duty to their satisfaction, he would immediately resign the trust when called upon to do so. (applause)

The Chairman never knew Ald Thomson attempt to coerce anybody. It was out of his nature to do it.

It was also stated by Mr Butler that he had since ascertained that Ald. Thomson had left town for Ross at nine on the morning of the day when he (Mr Butler) had been requested in the afternoon to stand.

A form of requisition was adopted, and a canvassing Committee appointed to obtain signatures thereto, and after a short discussion on various topics, the usual vote of thanks was voted to the Chairman, and the meeting dispersed.

Hobarton Mercury Fri 15 February 1856

Aldermanic Candidates- These are two candidates in the field, namely Mr Walter Butler, and Mr J. L. Stewart; the former had a meeting at Ottaway’s Hotel on Wednesday night, and Mr Stewart’s friends will meet this evening at the Sir George Arthur, Campbell Street. We shall reserve any remarks on the merit of the candidates until another opportunity.

The Hobarton Mercury Mon 18 Feb 1856 p3:

Aldermanic Candidates: two in the field Mr Walter Butler and Mr John Stewart.

Municipal Election.

Mr Walter Butler’s committee will meet at Messrs Meager and Bastian’s this evening at half-past seven o’clock. Feb 18 1856.

Advertisement- A Card

MR WALTER BUTLER

Merchant

Old Wharf

The Hobarton Mercury Mon 18 Feb 1856 p3:

Public Declaration of support of approx 300 people

To Walter Butler Esq. Sir- A vacancy having occurred in the Municipal Council, by the resignation of Mr Alderman O’Reilly, we, the undersigned citizens and vote payers of the City of Hobart do respectfully solicit that you will allow us the pleasure of proposing you as a candidate to fill the vacancy of Alderman in the corporation of this city, and, in the event of your compliance, we pledge ourselves to use our utmost exertions to secure your return. We have the honour to be,

Sir, Your obedient servants,

W. Crook M.L.C.

Capt Miller, J.F.

C. Toby, (the owner of the ship “City of Hobart”, frequently used by Walter on his voyages between Hobart and Melbourne),Henry Bowden, and Joseph Bowden (ie. his friends who set him up in Melbourne; and witnesses at his wedding), James Lord, J. Holt, Denis McCarthy (junior), John Austin, etc.

(plus approx 300 names of citizens of Hobart)

Walter Butler’s reply in the same paper, followed the Public Declaration:

Hobart Town 13^th Feb 1856

Gentlemen-

In reply to the following requisition presented to me by so large and influential a number of my fellow citizens, I beg to say that I shall feel pleasure in according to your request; and if elected, shall endeavour to discharge the duties of the office honestly, faithfully and independently.

I have the honour to be

Your obedient servant

Walter Butler

To W. Crook, P. O’Reilly, and Thos Harbottle, Esquires, and the other gentlemen signing the requisition.

The Courier Tues 19 February 1856 pp.2,3

Municipal Election

A large number of the supporters of Mr Walter Butler met the Committee last evening, and were addressed at some length by the candidate. Mr Butler defended his qualification to the satisfaction of all present and indignantly repudiated any but the most independent principles. He alluded to various rumours which had been set afloat to prejudice his election as alderman to show they were utterly unfounded, and the meeting unanimously approved of the course he had adopted. Mr Joseph Moir having enquired whether Mr Butler, if elected, would consent to the execution of certain works by borrowed capital, thus involving the town in debt. Mr Butler replied he should be desirous as far as his influence went to confine the expenditure strictly within the revenue. Mr Moir also enquired if Mr Butler was a shareholder in the Gas Company? Mr Butler replied in the negative. Mr Moir observed that it was generally understood in the town that the subject of an extra rate to defray the cost of gaslight had been mooted and was thought of by the Corporation. He (Mr Moir) hoped Mr Butler would bear in mind if he was returned that increased taxation would drive more people out of the town than otherwise, and he should like to know whether Mr Butler thought we were not already taxed more than we are able to pay, and whether he would consent to an extra rate being imposed for lighting? Mr Butler should be unwilling to increase taxation unnecessarily, nor would he consent to Tax the citizens to an extent above what they were able to pay. He considered, however, that it would be unreasonable to expect private individuals to light up the streets for them without bearing a just proportion of the expense, and it must be recollected that when the gas is introduced great public good would result. He should be desirous, nevertheless, to take care that the City Revenues were not pledged to any amount to pay for the lighting. He, for one, would rather reduce the scheme to the smallest possible compass; for instance, he would only light one side of Liverpool-street, rather than involve the town in debt; and he could only assure Mr Moir that if he had the honor of being returned, he should give the subject his best consideration. The meeting was also addressed bgy R. Reeves the Chairman, Mr Harbottle, Mr Lazarus, Mr Thomas, and Mr O'Reilly. It was understood that the operations of the canvassers had been singularly successful during the day- large numbers of citizens having enrolled themselves as "pledged men" to secure Mr Butler's election.

Colonial Times, Tues 19 February 1856 p3
THE MUNICIPAL VACANCY
Last evening a Meeting of Mr Walter Butler's committee took place at Messrs Meager and Basstian's, Mr Reeves in the chair. The lists of requisitionists received further additions to the extent of four hundred names. Mr Butler addressed the meeting respecting his alleged connection with Mr Alderman Thomson- he disclaimed in emphatic terms any such connection; he appeared before the citizens as an independent man in every sense of the word. If elected to represent them in the city council, he would endeavour to promote their interests to the utmost of his power, He had the time and the inclination to serve his fellow citizens, and should devote his best attention to their cause. (Applause) Mr Butler referred to the question of qualification, about which there had been some talk, but he could assure them he had qualified, and there would be no difficulty on that head. In reply to Mr Moir, the candidate said he should not be disposed to sanction the mortgaging of the city funds for the purposes of lighting (Hear, hear) Further arrangements were made to promote the election, and it was determined to adjourn the meeting to tomorrow (this) evening, to report progress. Mr O'Reilly having succeeded to the chair, a vote of thanks was presented to Mr Reeves, who in neat and brief terms acknowledged the same. A number of gentlemen remained behind to drink the candidate's health, and Mr Butler's friends expressed themselves as most sanguine of his election.

The following letter to the editor of the 'Colonial times' discloses that Walter's candidature was not universally welcomed.

Colonial Times Wed 20 Feb 1856 p2

“Who is Walter Butler!”

To the Editor of the Colonial Times

Elizabeth Street, Feb 18, 1856.

Sir- Editors are presumed to be well acquainted with public characters and persons aspiring to positions of honour, and hence I am induced to make a few inquiries (which you will doubtless be able to answer.) respecting an individual now soliciting the suffrages of the citizens for the vacant aldermanic chair.

Who is “Walter Butler?” “Does he reside in the city? Does he possess property within the city boundaries? I have seen the name of “Walter Butler” on a brass plate attached to a garden gate in the New Town Road. Of course I cannot presume that this man, who resides beyond the city boundaries, and who (I have ascertained) is a retired Port Phillip publican, has brass enough to seek aldermanic honours. What qualifications does Walter Butler, “the candidate” possess for the office which he is seeking to obtain. It is not because a man has been a publican that he is qualified to be a town councillor or alderman. A man may be fully qualified to serve a disciple of Bacchus with a nobbler or a pot of beer, but not at the same time qualified to make bye-laws, or render municipal institutions a benefit to the community. But I have observed an advertisement in to-day’s paper, in which a “Walter Butler” announces himself to Hobart Town society as a “merchant”. Surely this “Walter Butler” who has just commenced business in our city, will require all his time and energy to be devoted to business in order to ensure success, and therefore cannot be foolish enough to think of giving the time and attention, which the office of an alderman would require for the efficient discharge of its duties. Such disinterestedness and self-denial the public could not expect from any man just commencing business. Who, then, is “Walter Butler”. “the candidate”, who has so much time at his command? Perhaps, Mr Editor, you can enlighten the citizens upon the subject, and oblige,

Yours &c.

Argue.

(If our correspondent were a constant reader of the Colonial Times, as he ought to be, he would have found that many of his enquiries were answered yesterday morning in the report of the meeting of Mr Butler’s Committee at Meager and Baastian’s.- Ed. C.T.)

Walter addressed the letter writer’s remarks at a meeting that evening:

The Hobarton Mercury Wed 20 Feb 1856 p2:

Aldermanic Candidate:-

On Monday night a meeting of the Walter Butler Committee was held at Meager and Bastian’s, Mr R. Reeve in the chair. The meeting was advertised for half past seven o’clock, but it was nearly an hour after that time before the business commenced, the principal feature of which was the explanation given by Mr Butler of his qualifications for an Alderman, all of which he possessed, with the exception of the insertion of his name on the Electoral Roll, an omission, which would be immediately supplied.

With respect to his fitness for office, Mr Butler was sufficiently explicit: he wished for occupation, was well versed in municipal matters, was of active business habits, had no particular locality in the city to favour, and was determined if elected to enter the Municipal Council strictly and conscientiously independent, for not even the Governor should influence him. In reply to Mr Moir, the candidate stated, that it was not his intention, if elected, to sanction the borrowing of money for the improvements of the city; his object would be, if possible to reduce taxation, and to prevent the expenditure from exceeding the rates. Mr Butler proceeded, at some length to enunciate his views, and pledged himself to use every exertion for the benefit and welfare of his fellow citizens; he, as in the former meeting, against distinctly disclaimed being influenced in any manner by Alderman. Thomson, who was not even aware of his having come forward as a candidate.

He had been also that day mis-represented as “another” Butler: all he should say on this subject was that he was Walter Butler, and the only Walter Butler in the Colony. The Candidate was received with much cordiality and enthusiasm, and thanks having been voted to Mr Reeves, for his conduct in the chair, the meeting broke up, but several gentlemen remained to drink Mr Butler’s health and success.”

(NB This was a curious allegation that he was required to refute. One wonders about the origin of the allegation.)

Inconsistencies in Electoral Roll entry:

The nomination of Walter as an election candidate appears to have been a hasty one, which was poorly thought out. He apparently was not technically a citizen of Hobart Town, and therefore ineligible to vote or be a candidate for election. His friend Mr Charles Toby, the shipowner, who owned a store on the Old Wharf, hastily rented the store to Walter. However, this business deal appeared to be dodgy one, as is revealed by the following newspaper reports of the discussions that took place between the current Aldermen in the Municipal Council who questioned Walter’s eligibility to be enrolled on the Assessment Roll, a requirement for all voters and candidates for election.

The Courier Tues 26 Feb 1856 p2:

Municipal Corporation Monday February 25

Walter Butler made application to Council to have his name placed on the Assessment Roll of the City in respect of premises No 47, Old Wharf. Mr Butler handed in a receipt for £5 a quarter’s rent paid to Mr Toby. A lengthened discussion ensued with respect to the claim. The Mayor asked Mr Butler if Mr Toby had vacated the premises, and if Mr Butler was now in the occupation of the premises. Mr Butler replied that he should be shortly. The Mayor said that the Roll showed that Messrs Toby and Park were assessed at £60. Did Mr Butler stand in Mr Toby’s shoes, only paying £5? Mr Butler said he did. The Mayor said it struck him that that was a new occupancy, and he was afraid this was a case which did not come under the Act. He was not afraid to say also that he was sorry it did not. Mr Alderman Rheuben said that if this claim were allowed, Mr Butler before he was an alderman could transfer the property again. Mr Ald. Thomson said, yes, and on the very same day. The Mayor having read the above section of the Act, Mr Ald. Thomson said that with respect to the occupancy they must look at that clause only. The Mayor said he should be most happy to be proved legally wrong. The Town Clerk said that with reference to the Assessment Roll, they must look at that clause only, and was proceeding to explain to the Council why Mr Butler had a good claim, when he was called to order by the Mayor. Mr Butler, in answer to a question from the Mayor, said that he had Mr Toby’s consent to his application. He explained that the reason the rent was so low was because Mr Toby had goods still remaining there, which he did not wish removed. The £5 per quarter was a balance of rent. Mr Alderman Sims was of opinion that Mr Butler’s application could not be legally be allowed. Mr Alderman Thomson moved, and Mr Ald Sly seconded the motion, that Mr Butler’s name be added to the Assessment Roll, and that Mr Toby’s be struck out. Mr Alderman Sims strongly expressed his surprise at the Town Clerk’s taking the course he had, for it was the Town Clerk, Mr Sims said, who had advised them to take the course they had in opposing the claim. He had said it was impossible. Mr Alderman Rheuben said he was not at first satisfied upon it, but he was now, that Mr Butler had the right he claimed. The Mayor still thought a good sound legal opinion should be taken in the matter. He agreed with Mr Alderman Sims, but of course the majority would decide. Mr Butler begged to inform the Council that he had taken the advice of Mr McDowell. The question was then put and carried, the Mayor and Mr Alderman Sims dissenting. Mr Toby’s name was then struck out of the Roll in respect of the property named, and Mr Butler’s inserted.

The Council adjourned at a quarter to six.

(NB The decision was made to remove Toby from the Assessment Roll for this address, and replace it with Butler’s name. However, a number of Aldermen challenged its legality over the coming months of February and March, which was over ridden by vote).

New Wharf and Battery Point Hobart

photographed from Wapping about 1855

The barque at the far left is the Offley

(Tasmanian Collection State Library of Tasmania)

Colonial Times Tues 26 February 1856 p3

Municipal Council- Mon 25 Feb

Mr Butler’s Qualifications

The next business was consideration of Mr Butler’s application to have his name inserted on the assessment roll in respect of premises No. 47 Old Wharf.

The Mayor read the 29^th Clause of the Act, on which the application was grounded, as follows:-

“And be it enacted that when and as often as any change shall take place in the occupation of any such house, warehouse, counting-house shop or other building as last aforesaid, the Mayor and Aldermen of the said city of town as the case may be shall upon proof to their satisfaction being given of such change, cause such Assessment Roll for such city or town as the case may be to be amended by striking out the name or names of the person or persons who theretofore occupied such house warehouse, counting house shop or other building and inserting instead thereof the name or names of the person or persons who shall be so proved to such Mayor and Aldermen to have become the occupier or occupiers of such house warehouse counting house shop or building as aforesaid.”

Mr Butler said he had taken the opinion of Mr McDowell, who said he was right in the course he was taking.

The alteration was then made in the roll accordingly.

Mr P__ certified to the correctness of the Electoral Roll previous to its being handed over to the printer.

The Council adjourned.

The Hobarton Mercury Wed 27 February 1856 p3

Municipal Council- Monday

The insertion of Mr Walter Butler’s name on the Assessment Roll, was next taken under consideration, Mr Butler being in attendance.

The Mayor having read the clause of the Act providing for such a measure, the Town Clerk said, that Mr Butler had taken a store on the Old Wharf, and held a receipt for the rent from C. Toby.

Mr Butler informed the Council, that he intended to occupy the store immediately.

The Mayor observed, that it appeared to him, this was a change of occupancy, but a new occupant, but not under the provisions of the Act; he was sorry for it, as he wished well to Mr Butler; he had come out of the city, and not from any part within the city, and it appeared to his Worship, that the Act did not provide for such a change.

Ald Thomson again read the clause; it did not say that the transfer should be from one citizen to another, nor that Prince Gortchakoff, if he came here, might not do the same thing, if he pleased; he Ald. Thomson could see no objection to the insertion of Mr Butler’s name. Ald Sims concurred with His Worship the Mayor, that Mr Butler, was not eligible for insertion, on the roll. Ald Rheuben could see no reason, why persons, living out of the city should not enjoy Municipal honors, if duly qualified.

Ald Thomson said, they must take the 19^th clause, and that only; they had nothing to do with the qualifications for aldermen or for voting.

After some further discussion, Ald Thomson moved, and Aldermen Sly seconded, that Mr Walter Butler’s name be inserted on the Assessment Roll, and that Mr. Toby’s name be erased.

Another short discussion ensued, when the motion being out to the vote it was carried; Ald Thomason, Sly, and Rheuben voting for it, and the Mayor and Ald. Simms, voting against it. The Council adjourned to 4 o’clock on Monday next.

Colonial Times Thurs 28 February, 1856 p2

Hobart Town- Matters Municipal

The question of the day in our town just now is the approaching election of an alderman in the room of Mr O’Reilly, who has gone to England in the ‘Indian Queen’.

Several candidates were originally talked of, but now two only seem seriously to take the field, unless Mr Hurst should really come forward- the probability of which our readers will find mentioned elsewhere. The contest will lie between Mr J.L. Stewart and Mr W. Butler. Both these gentlemen appear to be quite sufficiently well known to the public to make it an unnecessary thing for us to examine their respective qualifications.

On the occasion of a former contest we wrote in favour of Mr Stewart’s return; we then thought him, and we think him still a very proper person and one who would do credit to the Council. We have no wish to depreciate Mr Butler’s claims. We have no reason to do so. The friends of either candidate are very earnest and anxious in their endeavours for their return, and the choice, upon whoever it may fall, will , we believe, will be justified. It must be born in mind, as indeed we predicted, that the Municipal Corporation of this city is rising daily in importance and necessity. The present Councillors as a body, deserve great credit for the way in which they have expended the funds entrusted to them. Numerous improvements have already been effected and more are in progress. The whole face of the town is fast altering under their generally well directed labours. Soon too we believe the powers of the Corporation will be materially increased. There is no reason of which we can conceive, that the police, jails &c. of the city should not be administered by the Mayor and Aldermen. It will be cheaper and, as we confidently believe, a more effectual system of management. It is advisable that only such persons should now be selected for such an office who may the better dispose the future Legislature to look favourably upon such a proposition. Men of character, standing, respectability, and some degree of talent, are particularly required to fill such offices, and they should be selected from the mercantile and trading classes of the community. Having now made these general remarks, we would come into consideration of a letter which appeared in this journal of yesterday referring to the proceedings of the Municipal Council on Monday. We do not agree in the views expressed by our correspondent, but neither do we wholly approve the proceedings at the Municipal Council. The question was not whether Mr Butler was, or was not qualified according as the Act directs for an alderman. That had nothing whatever to do with the case. The 29^th Section of the Municipal Act empowers the Mayor and Aldermen to make such alterations in the assessment roll as from time to time may appear necessary. They are authorised, as often as any change shall take place in the occupation in a house, warehouse, or so on, upon application being made, and proof being exhibited, to amend the roll by striking out the name of the former occupier, and in its place, inserting the name of the person so approved to have become the occupier. The question was quite independent of aldermanic qualification, jus because the question of the amendment of the assessment roll is naturally and very perceptively independent altogether of it. Mr Walter Butler, under the provisions of the Municipal Act already detailed, applied to have the roll amended. He required that his own name should be inserted in place of that of Mr Charles Toby, as the occupant of premises No.47, Old Wharf. The assessment stands on the roll as ₤120. Mr Park occupies one portion of these premises, and Mr Toby another. The application was in respect of, and had reference, to that portion occupied by Mr Toby. In proof of occupancy Mr Butler produced a receipt for five pounds for three months rent, signed by Mr Toby, but what proportion this sum bore to the ₤120 assessment, or to the value of the premises occupied by Mr Park, was not stated at all clearly. Mr Butler could make such an application with perfect justice, and if the receipt handed in was to the mayor and aldermen a sufficient proof of occupancy, then unquestionably they were bound to make the necessary amendment to the bill. But now comes another question. Upon reconsideration of the clause in the Act referred to, it is a very serious question with us whether actual occupation of the premises is not clearly indispensable. The Act provides that the alterations shall be made whenever any change in occupancy shall be proved. Mr Butler, however, said that he was not yet in occupation, but very shortly would be. Is, or was, this sufficient? Mr Butler made a claim on account of a change of occupancy, but at the same time said that he was not the occupier of the premises. Were the aldermen and mayor justified in permitting the alteration to be made? To this we would reply, that, so far as the letter of the law goes, we do not think that they were. We question whether, if the question were referred to the Supreme Court, and tried upon its merits, that Court would not decide that the substitution of Mr Butler’s name for Mr Toby’s in this instance, was premature, and, consequently, strictly speaking, illegal. At the same time, because we believe that the Corporation was desirous to deal with the question actually before them, that of a change of occupancy, without any reference to the question of aldermanic qualification or otherwise, and, because we believe that, in most cases, such a course as that adopted, would not be hardly judged, we are not disposed to quarrel very seriously with the Council for the conclusion to which it came. If even it did strain a point to admit Mr Butler’s name to the roll, it were better that it should do so, since he desired it, than that even the semblance of injustice should be done under all the circumstances of the case.

The Courier Tues 4 March 1856 pages 2,3

“General Intelligence

Municipal Corporation- Monday March 3^rd 1856.

The minutes of the last meeting of the Council having been read,

Mr Ald Lipscombe, objected to the confirmation of that part which related to Mr Walter Butler’s name being inserted in the Assessment Roll in the place of that of Mr Toby. Mr Lipscombe thought that the document upon which Mr Butler founded his claim should be in possession of the Council. He had seen a receipt of Mr Green’s for Mr Toby’s store, and the receipt showed that Mr Green had paid the rent of the store up to the time when the lease expired, which was the 24^th May next. Mr Green also complained that Mr. Butler had put up his name over the door without Mr Green’s authority. Mr Butler’s receipt did not show when the tenancy commenced, nor when it ended.

Mr Alderman Thomson said Mr Green had not complained to him. Mr Alderman Lipscombe repeated that Mr Green had done so to him.

Mr Alderman Thomson thought it was quite incompetent for Mr Ald. Lipscombe to object to the confirmation of the minutes, and to try to upset the minutes agreed upon at a former meeting of the Council. Everything which had been done had been fair and above board, and it was not right for Mr Ald. Lipscombe to impugn the acts of a previous meeting of the Council, at which he was not present. It was child’s play then, to talk of putting the receipt upon the minutes, or to move then, that the minutes should not be confirmed. If what Mr Ald. Lipscombe had stated was true, it would be the duty of some other person to object to Mr Butler’s name, but Mr Ald Thomson would state that what Mr Green had said to him was quite and diametrically opposite to what Mr Ald Lipscombe had stated that Mr Green had said to him.

Mr Ald. Lipscombe had done his duty in bringing the matter before the Council. As the circumstances ought to be made known.

Mr Ald. Simms would second the motion of Mr Ald Lipscombe that that part of the minutes, which related to the placing of Mr Butler’s name on the Roll, should not be confirmed.

Mr Ald. Rheuben would not have voted as he had done if he had known that Mr Toby had not consented to the application made by Mr Butler. He gave his vote only on the 19^th Section, as he understood from Mr Butler that Mr Toby had given up all right title and interest in the premises to him. Had he known what had now been said he would not have consented to the minute.

Mr Ald Thomson said the statements were inconsistent.

The Mayor said it seemed that the store had been let to Mr Green and also to Mr Butler. He agreed with the remarks, which had fallen from Mr Ald Thomson, that the Council were not then in a position to undo what they had passed at the last meeting. He thought the confirmation of the minutes simply showed that they were a true record of the proceedings. He had looked seriously into the matter, and he thought it would not do for them, any more that it would do for the Legislative Council, after a majority had decided to upset what had been previously determined on by the majority, because one Alderman was absent. He was not now, and he was not at the last meeting, satisfied that Mr Butler was entitled to have his name placed on the Assessment Roll. He then doubted and still did doubt, whether Mr Butler was the occupier of the premises, and if the gentlemen of the press had reported correctly, Mr Butler admitted that he was not in occupation.

Mr Ald Rheuben said his reason for voting as he had done was that he saw Mr Butler’s name over the door, and he thought, therefore, he was in occupation.

Mr Ald. Thomson said Mr Butler had not then taken formal possession, but he could have gone in at any minute.

The Mayor said then Mr Butler was not in legal possession.

Mr Ald Sims thought that a good reason for not confirming the minutes.

The Mayor said that his opinion was, that if Mr Butler stood in Mr Toby’s shoes, Mr Butler should have paid the £60 rent. They must, however, now agree to the minutes.

Mr Ald Sims at all events should dissent.

Mr Ald Rheuben thought the Sheriff had power to object.

The Mayor had no doubt the Sheriff could do so. Mr Elliston had consulted a lawyer upon this question, in whom he could place every dependence, and his opinion was that the Council was bound just as the Legislative Council was, by what the majority should decide.

Mr Ald Thomson quite agreed that any councillor could divide the Council. But what now was the use of a division?

The Mayor thought they could not then alter the minutes. If they had put Mr Butler’s name on the list in error, they must abide by it, and it must be left for someone else to object.

Mr Ald Thomson thought that if a councillor who was not there at the former meeting, came there to correct their former proceedings, he should have come prepared with a statement having at least some appearance of truth.

Mr Ald Lipscombe hoped Me Alderman Thomson did not intend to impugn what he, Mr Lipscombe, had come there to say.

The Mayor said nothing could have been more inconsistent than what took place at the last meeting, for the Aldermen decided that Mr Butler was the occupier of the premises when Mr Butler said he was not.

Mr Ald Thomson replied that Mr Butler had spoken the truth. The question was then put by the Mayor that the minutes of the last meeting be confirmed, and that they do pass. It was carried, Messrs Ald Sims and Lipscombe dissenting.

Mr Ald Thomson asked how Mr Ald Lipscombe could say no? for he could not vote. The subject then dropped.”

Hobarton Mercury Wed 5 March 1856 p2-

re Walter’s name on assessment Roll

Municipal Council- Monday

“Present: His Worship the Mayor, Aldermen Lipscombe, Sly, Simms, Rheuben and Thomson

The minutes of the last meeting were read, when,

Ald Lipscombe observed, that in reference to the case of Mr W. Butler, it was highly important that the receipt should be before the Council: he had seen the receipt, which omitted certain particulars, and he understood, that the store was in the occupation of Mr Green, who had paid the rates to May next: he objected, therefore, to the confirmation of the minutes, as far as this point was concerned.

Ald Thomson submitted that it was not competent to Ald Lipscombe, or any other Alderman to upset the acts done by the Council, if Ald. Lipscombe’s objection was held valid, it would not alter facts, as Mr Butler’s name would still be inserted.

Ald Rheuben observed, that he should not have voted for the insertion of Mr Butler’s name on the assessment roll, had he not understood that Mr Toby had given up all right title and interest in the store to that gentleman.

Ald Simms concurred with Ald Lipscombe in his objection to the confirmation of the minutes as far as Mr Butler’s case was concerned.

A brief discussion ensued, when the motion for the confirmation of the minutes was put, to the effect that they were correct. The motion was carried, Ald Simms objecting.”

From the above Council discussions on this matter, it obviously indicates that there was some hasty and apparently dishonest dealing, perpetrated between Walter and his supporters, namely Charles Toby, to qualify Walter for admission on the Assessment Roll, as was forecast during his speech to his supporters at their meeting on the 20^th in which:

“the explanation given by Mr Butler of his qualifications for an Alderman, all of which he possessed, with the exception of the insertion of his name on the Electoral Roll, an omission, which would be immediately supplied.”

The Council deliberations were initially influenced by the support given by Alderman Thomson, who, it would seem, was a close friend of Walter’s, and had encouraged him to stand for the vacant position.

The following newspaper editor, although not critical of Walter as a candidate, gives his support to the long term resident of the Colony, Mr Stewart:

The Hobarton Mercury Mon 17 March 1856 p2:

The Aldermanic Election

Time was when the office of Alderman was to be coveted neither for its dignity, nor for the power of utility it conferred. Time is when men seem to have come to a vert different conclusion, and to attach almost as much importance to a civic as to a parliamentary election. We are glad to see this. It will operate to the exclusion of improper candidates by warning them of a close scrutiny into the validity of their pretensions.

The vacancy caused by Mr O'Reilly's resignation is sought to be filled by two gentlemen, who both seek the suffrages of their fellow citizens, at the request of considerable bodies of supporters. Mr J.L. Stewart, and Mr Walter Butler, are the candidates, possessing in common the negative merit of not being objectionable, but differing on the positive claims they put forward. Mr Stewart has been a long resident amongst us- his business, the source of his income, is settled in Hobarton- his interests are this greatly identified with our own, while custom has, so to speak, made his face familiar as a friend. Those who deal with him as a man of business, speak of him with respect. His more immediate connections are less limited in their eulogy. He is emphatically our fellow citizen, and that in the full sense of the term, is no mean qualification. Mr Butler is undoubtedly- like most of the new residents who wealth has given the power to choose their abode, and to whom this climate is preferable to that of Victoria- a man of considerable shrewdness, and unfettered in its application by the ties of business.

But- and we make the remark with some hesitation- the very fact of his possessing large property in the neighbouring colony, both lessons the chance of his permanent stay, and the strength of his connection with ourselves and our local interests. We can scarcely divest ourselves of the idea, that he may be here today and gone tomorrow. How far such a circumstance will go to diminish his chance of success, must be left to the election to disclose, and we confess that were it not the case, we should be puzzled in our choice.

One thing, we trust both Candidates will bear in mind- that the fortunate competitor will be elected, not to gratify his own vainly, or the interests of his special supporters, but to promote the welfare of the community at large. If there should exist any doubt in the minds of the public, as to the honest unreserved pledge of either, to remember this and act on the remembrance, from him let their support be withheld. The nature of the duties that will soon devolve upon the Municipal Council, will call for not merely shrewdness and dexterity, but thorough independence, alike of interest, influence, and the mischievous subserviency, that often unsuspectingly serves a purpose, undisclosed until attained. For our own part we have made these few remarks with the most perfect impartiality, and wishing the right man in the right place, bid farewell to the subject.”

Once again, reference was made to Walter’s wealth and his possession of large property in Melbourne.

On the 20^th March, the election was held, a robust election in which electors from both sides, were collected from their work places and driven to the voting booths in their work shirts. However Walter was decisively defeated by 545 votes.

The Hobarton Mercury Mon 24 March 1856 p2:

Election of Aldermen J. Stewart 1259

W. Butler 714

This ceremony took place, pursuant to announcement, at the New Market on Thursday morning, before the Sheriff of the Colony.

The hustings were erected at the north end of the Market place, the access being through the Municipal Chamber; the hour appointed for the nomination was 8 o’clock, and some time before that hour, the friends of the Candidates, Messrs, W. Butler and J. Stewart, arrived on the spot, decorated with their appropriate colours those of the former being red, white and green, and those of the latter light blue and white…

A few minutes after 8 o’clock the Sheriff appeared and opened the proceedings, and announced to the Electors that the 2 Candidates would be proposed and seconded, and it was for the Electors to elect the one, whom they might think best fit for the office.

… Dr Crooke, MLC. Had the honour he said to propose Mr Walter Butler….

The Sheriff having duly announced the nomination, called for a show of hands, which was given in favour of Mr Stewart. Mr Butler, then demanded a poll, when the Sheriff announced that the poll would commence at 9 o’clock, and close at four.

A substantial breakfast was provided by each of the Candidates- by Mr Butler at Ottaways Hotel, and by Mr Stewart at Mr Screen’s, the Sir George Arthur, Campbell Street, both of which were amply enjoyed by the friends and supporters of the respective candidates.

The polling began at 9 o’clock, in eight polling booths, distinguished by a division of the letters of the alphabet, so that the voter had no trouble or difficulty in discovering the initial letter of the name, an arrangement, which prevented much confusion.

The polling was brisk from the beginning, and so continued all day; the friends of the respective candidates using every exertion to bring electors to the poll. Several men, who were at work in various places in the city were driven to the polling booths in their shirt sleeves, and were taken actually from their work for the purpose of voting.

For Mr Stewart- 1259 votes

For Walter Butler- 714 votes

Making a majority of 545 votes.

Mr John Stewart was duly elected as Alderman for the city of Hobart Town.-

The crowd now called for 3 cheers for the Sheriff, which was heartily given.

Mr Stewart then presented himself to the Electors, and was loudly cheered; he thanked the Electors, and was loudly cheered; he thanked the Electors for the kind and successful support they had afforded him, and announced his intention to devote his energies to the best interests of the citizens; he concluded by expressing his thanks foe the orderly manner in which the contest had been conducted.

Mr Butler, who was also received with cheers, then briefly addressed the citizens, he begged to return his very sincere thanks to those who had voted for him, and was proud of the success he had received; he could not however, expect any other result, as his opponent had been so long in the colony, and was so much better known to them that he was; he Mr Butler, hoped he would use his best exertions for the benefit of the citizens; he was proud to have such an opponent, and hoped, he would prove himself, as he truly believed he would, a useful man as an Alderman.

Three cheers for Mr Butler were then given, and the proceedings ended.

The 'Colonial Times' report of the election gives a different slant on the proceedings. In part it wrote:

The Colonial Times, Friday 21 March 1856, page 2

THE COUNCIL ELECTION OF AN ALDERMAN

The Nomination took place yesterday morning at the New Market Place, as announced.

Mr Walter Butler’s Committee wore rosettes of green white and pink. Mr Stewart’s friends made but little display of that kind; but at a subsequent part of the morning Mr Stewart and his supporters mounted blue and white rosettes…

Several fictitious votes are supposed to have been tendered. In one case a man claimed to vote for Butler, in the name of John MacDonald, but the real ‘John MacDonald’ had voted before, and the attempted cheat did not take effect. It is likely similar attempts were made by impersonating voters with better success. We did not hear whether the Returning Officer gave directions to have the pseudo MacDonald prosecuted by way of example. It would serve him right.

Some amusement was caused when Mr Joshua Jennings came to vote. He wished to vote for Stewart but having had the misfortune to lose a leg he declined to get out of the cart. It was stated that no exception could be made in his favour and some little bantering was indulged in by the opposite party; but determined not to be deprived of his franchise, the cart was driven into the market place alongside the polling booth, and the voting paper duly handed in and registered amid the acclamations of the “blues and whites.”

Some cases of drunkenness occurred in the afternoon, and the services of the police were enlisted in removing the noisy nuisance, including a “green” cabman to the lock-up.

With respect to the voting a remarkable degree of activity was displayed by the candidates and their committees. Mr Stewart’s exertions were unremitting; and many remarked that Stewart deserved to win, if only for his unwearied zeal on the occasion. The cabs were traversing the city in all directions; and up to the last half-hours batches of voters were escorted to the polls, the “blues” generally preponderating throughout the day….

While the state of the poll was ascertained, Mr Butler entered the council room, where his Worship the Mayor was present, and in an excited tone addressed his Worship as follows:- “Mr Mayor I beg to inform you that I have just been insulted by Mr Ald. Sims in the street; he called me an ___ liar, and that I may think myself lucky that I have lost my election and am safely out of such company.” The Mayor expressed the hope that Mr Butler did not tell him that to insult him. Mr Butler begged pardon, he had no such intention, but he wished to say he should lay an information against Mr Ald. Sims for using obscene language in the public streets. The matter then dropped…..

The Sheriff had to request that the electors give Mr Stewart a hearing, with which they eventually complied.

The Alderman elect then returned them his very best thanks for the honour they had done him, and he thanked them for the orderly way in which the contest had been managed. (Cheers) He was doubly proud of the very large majority by which he had been elected, and he had again to return them his sincere thanks. (Applause)

Mr Butler then came forward and was received with mingled cheers and groans. After some confusion he proceeded to say if they would allow him a few minutes, he would shortly address them.(Uproar and a cry from the crowd of “Butler, keep your temper.”) He begged to return his thanks to those who had voted for him; he was proud of the success he had met with; but he acknowledged he did not expect any other result but that Mr Stewart would be returned. (Laughter) It would have been ridiculous to have looked for any other result, because his opponent had been so long in the colony. (An Elector- So he has, and he is a good sort, and laughter.) He trusted he would use his best endeavours for the benefit of the city. (A Voice- we know he will.) Mr Butler proceeded amid interruption, and his remarks were but indistinctly heard. I came here for the benefit of my health. (A laugh.)

I have been an idle man (hubbub) and am proud to have had such a competitor as Mr Stewart. I hope he will turn out, as I believe he will, a useful man to the city. (Cheers and uproar.)

An elector (in blue)- “Never mind Butler- put up next time and we’ll put you in.” (Cheers)

Timothy Worster of Upper Goulburn Street, when close up to Mr Butler, and characteristic vehemence said- I pledge you my word and honour, you shall go in next time. (Laughter and ironical cheers.)

Three cheers for Butler and the proceedings terminated.

The Returning Officer afterwards handed a letter to the Worshipful the Mayor, announcing in official form the election of Alderman Stewart.

The Courier Sat 12 April 1856 p3

Queenborough.

List of persons entitled to be placed on the electoral Roll for the return of a Member of the House of Assembly for the Electoral District of Queenborough:-

Name Place of Abode Nature of Qualification Particulars of Qualification

Butler, Walter New Town Freeholder NewTown house & Land

Bowden, William Henry O’Briens Bridge Freeholder O’Briens Bridge house & land

Bowden, Joseph Glenorchy Freeholder Glenorchy house & land

Butler. Edward O’Brien’s Bridge Freeholder O’Briens Bridge

‘Windsor Park’ (NB O’Brien’s Bridge is part of Glenorchy)

The Courier Wed 16 April 1856 p2

Municipal Election

Old Wharf, 17^th April 1856.

Gentlemen- Another vacancy having arisen in the Municipal Council by the Resignation of Mr Alderman Sly, I respectfully offer myself as a Candidate for the Vacant Seat, and if I have the honour of being elected, I pledge myself to devote my best energies for the good Citizens.

I am, Gentlemen, your obedient Servant,

Walter Butler,

To the Electors of the City of Hobart Town

The Colonial Times Thurs 17 April 1856 p2

Another vacancy in the Municipal Council- Mr Alderman Sly’s resignation, which has been expected for some days past has been given in, and Mr Walter Butler, is again in the field: that gentleman, by advertisement in today’s issue, announces himself as a candidate to fill the aldermanic vacancy; and his friends confidently expect that - after the late contest, and the large number of votes polled for Mr Butler- he will be allowed to walk over the course. We have not heard of any opponent.

Hobarton Mercury Mon 21 April 1856 p2

Local News.

Vacancy of Alderman-

Mr Sly having resigned his seat as an Alderman, Mr Walter Butler has promptly offered himself to the citizens, as a candidate for the vacant office. In the meantime, Mr H. Cook of Elizabeth-street, was waited upon by two gentlemen, who invited him to come forward, as a candidate. Mr Cook, at first, consented to stand, but upon more mature consideration, for which we give him credit, he declined the proffered honour. Mr H.S. Hurst formerly attached to the Survey Department, has also been spoken of but if Hurst is a__ and prudent man he will not come forward under the auspices of persons who cannot have the interests of the civic body at heart. Be this as it may, we have only to say, that we know of no more fit person for the vacant office than Mr Butler, whose return we presume to predict is certain.

However, although this time Walter had the support of the editor, he was once again defeated, this time by Mr Cook.

HOUSE ROBBERY:

In April, Walter’s house was robbed, and the comment was made that it was not the first theft. Whether this referred to the incident the previous year in which his sister Mary Ann was robbed is unclear.

The Courier Tues 29 April 1856 p2:

Impudent Robbery: some time yesterday, some impudent thief went into the house of Mr W. Butler, New Town Road, and stole one of the cedar chairs from the hall. This is not we believe the only petty theft from the same premises lately.

Municipal Elections continued

Once again the issue of the Assessment Roll, and the legality of Walter’s entry, was discussed by the Council members. Walter’s friend on the Council once again appears to be Alderman Thomson:

Hobarton Mercury Mon 5 May 1856 p2

The Municipal Election

We are happy to say that our remarks upon the discreditable state of the voting list have produced both comment and action. We understand that a public meeting will most probably be held to ascertain the cause of this most disgraceful state of things, with a view to fix the blame upon the right shoulders. The sooner this is done the better.

As to the candidates, Messrs. Butler and Seabrook, we cannot hesitate in our choice. Mr Butler has made up his mind to settle permanently in the colony; and his independent position will afford him leisure for the care and deliberation which his aldermanic office will require. This is more than Mr Seabrook, engaged in business, can pretend to- even were he in other respects equally qualified. The state of the city, and the contemplated large outlay in the necessary drainage, water supply, and other improvements demand very assiduous attention, and the most perfect impartiality from those to whom its interests are entrusted. Is a man actively engaged in a large business, more or less connected by its nature with such matters, the most likely or most capable of affording this? The electors will weigh this, and will, we are persuaded, find little difficulty in arriving at a proper conclusion. In the meantime, we hope the attention of the friends of both parties will be given to the state of the voting list. To him who is least suspicious in the enquiring, a suspicion of connivance will- and not unjustifiably- attach.

Hobarton Mercury Wed 7 May 1856 pp.2,3

Municipal Council- Monday

A letter from Mr Walter Butler was read requesting as one of the candidates to be furnished with a list of the ratepayers, who were entitled to vote.

The Council went into Committee to sonsider the Memorial and Correspondence relative to the forthcoming election. If the Election be postponed, it must be by the consent of both candidates, otherwise it must take place on the 14th instant. Alderman Thompson thought they had hitherto acted illegally in taking the rates on the succeeding month, which were due on the preceding month; he thought the opinion of the Attorney General should be obtained whether the Council had the power now to postpone the Election, and was of the opinion that more than 352 citizens should enjoy the Frnachise: it would please him therefore, if the candidates agree to a postponement, so that a greater number of Electors might vote, but he did not think the Sheriff had the power to postpone the Election. A desultory discussion ensued on this point... The fact was, the Election had occurred at a strange part of the eyar and the Collector had been blamed for want of energy in collecting the rates, but he had acted, as heretofore, with great zeal and activity: the remedy was in the hands of the citizens themsleves, who could secure the franchise by paying their rates. The Collector had called upon many, but only 352 had paid, and they only were entitled to vote... (continued)

They voted to take the opinion of the Attorney General.

Alderman Lipscombe wished to know how Mr Butler's name came on the roll, after the appeal day: was it entered by a clerk, or by whom?

Mr Pierse, the City Collector, was called in, and alsed by Ald. Lipscombe, how Mr Butler's name was inserted on the roll? He explained, that the name was so inserted by Mr Wilkinson, as Mr Butler had paid his rates after the Collector had called. The matter then dropped.

The letter of Mr Butler, requesting a list of rate payers, entitled to vote was next considered, and after some discussion, it was agreed, on a motion of Ald. Thompson, that each of the Candidates might obtain copies of the list, on payment of the charge for copying.

The Courier Tues 13 May 1856 p3

Municipal Corporation Monday 12, 1856.

The City Collector read over the names of persons on the assessment roll who had changed their occupancy, and was then passed by the Council.

Mr Ald. Lipscombe strongly expressed his opinion that those lists should always be brought before the Council to be confirmed. It was for the Council to see whether names could or could not be legally put on, and it was not for the City Collector or any other clerk in the office to put names on the roll.

The Mayor presumed that Mr Ald Lipscombe alluded to the name of Mr Walter Butler. Mr Ald Lipscombe did so. Mr. Ald Thomson agreed that no person should be at liberty to alter the roll without the consent of the Council. Mr Ald Stewart wished to know if Mr Butler’s name was legally on the roll. Mr Ald Thomson said if the roll was brought up to be confirmed, would the Council confirm it? A long conversation then ensued as to the manner in which names were placed upon the roll. Mr Ald Rheuben expressing his opinion that Mr Butler could be sued by the Corporation on the information given them by the collector.

The roll was then read and confirmed as previously stated.

The Hobarton Mercury Wednesday 14 May 1856, p2

Local Intelligence

To-Day’s Election- It seems that the honor of being made an alderman by the celebrated 355, falls ingloriously upon Mr Seabrook, Mr Butler finding the Town virtually disfranchised, very properly declines to avail himself of such means to obtain the aldermanic dignity, and retires from the field.

(NB. The 355 would refer to those who were listed on the Assessment roll.)

Hobarton Mercury Fri 16 May 1856 p2

Municipal Election

On Wednesday, as appointed by the Sheriff, the Election of an Alderman in the room of Mr Sly, resigned, took place at the New Market. ……

The Sheriff enquired, whether there was any other Candidate for nomination (apart from Mr Seabrook), and being informed, that Mr Butler had withdrawn, he declared Mr Seabrook duly elected.

Fraudulent Sale of Hay to Walter Butler:

The following incident confirms that Walter was a wealthy man. The article indicates that Walter had a stable at his property in New Town, and employed an ostler and a coachman. He was also quite ready to pursue any injustices through the Courts.

Hobarton Mercury Wed 4 June 1856 p3:

Local Intelligence

Gross Fraud in the Sale of Hay: From memoranda now before us, a very gross fraud has been perpetuated in the sale of a load of hay to Mr Walter Butler. The load which was weighed at the New town Weigh Bridge and which was sold by Mr Cowan to Mr Butler, purported by the ticket to weigh nett weight 14 cwt 2 qrs., the gross weight being 22 cwt, and the tare of dray &c. 7 cwt 2 qrs. On the arrival of the hay at the stable, Mr Butler’s ostler observed that there could not be 14 cwt of hay , and on being weighed truss by truss, it was found that there was a deficiency of no less than 5 cwt 2 qrs 24 lbs., the actual weight of hay being 984lbs. The weigh ticket is signed by William Duncan, who alleges that the mistake occurred through the wrong tare of the dray. Be this as it may, the deficiency is so large as to require public exposure.

Hobarton Mercury Fri 13 June 1856, p3

POLICE REPORT- Wednesday

Mr McPherson disposed of the night charges as follows:

Fraud in the Sale of Hay- Mr Walter Butler, appeared to prefer a charge of fraud against a man named John Cowan, who had defrauded him of upwards of 5c wt. of hay, the same being deficient in a load, which he had purchased off the defendant. This case, it may be recollected, was noticed in our issue of Wed 4^th June: on its being called on to-day, a man, named John Cowan, answered to the information, when Mr Butler discovered, he was the wrong person. He asked him if he had not a brother who sold hay? He replied that he did not know, as he did not sleep under the same roof.

The information was dismissed, and a fresh summons was issued for the real man.

Hobarton Mercury Fri 20 June 1856, p3

Mr Walter Butler prosecuted his charge against James Cowan etc re the underweight load of hay….

Witness called: Charles Walker, Mr Butler’s Coachman who deposed to the weighing of the hay.

The case was sent to a jury trial:

POLICE REPORT- WEDNESDAY

Before the Chief Police Magistrates and Mr Fenwick

Fraud in the Sale of Hay

Mr Walter Butler appeared again to prosecute his charge against James Cowan, for obtaining 1 pound 15 shillings, under false pretences, on the 30^th May, by a fraud in the weight of a load of hay: The defendant, however, did not appear.

Mr Butler informed the Bench that he had seen the defendant not half an hour ago, in the street.

Constable Doyle proved the service of the summons at the defendant’s residence, Prince of Wales’s Bay, near New Town, on the 13^th instant, when it was arranged that Mr Butler should wait a short time, as the defendant might yet appear, and, in about half an hour afterwards, he came into the office, when the case proceeded before the Chief Police Magistrate.

Mr Butler, examined by Mr Dunbar, stated, that, on the day above mentioned, he purchased a load of hay from the defendant, for which he paid 4 pound 14 shillings when the hay was being unloaded, witness complained of the small quantity, as did also, the ostler, who did not think there were 14 cwt; witness had the hay afterwards weighed, when there were only 8 cwt and 1 qr. He saw defendant a day or two afterwards, and told him of the deficiency; he asked him to go with the ostler, and see the hay re-weighed; the defendant said he had not time then. But would make the deficiency good, the next week; witness told him, he should not wait a week, and, if he did not bring it the next day, he should prosecute him; he promised to do so, but did not. Witness had never bought any hay off the defendant before.

The weigh-bridge ticket was here put in, showing the weight to be 14 cwt 3 qrs; and witness said that on the faith of the ticket, he paid the defendant for the hay.

In cross examination by Mr Knight, Mr Butler stated, that his horses had eaten a portion of the hay from a broken truss, for which he allowed 46 lb; the hay was weighed by a person named Duncan; there was not much grain in the hay not sufficient to make up 5 cwt; if the defendant had brought the deficiency, witness would not have prosecuted him as he should have considered it an error, witness’s impression was , that the dray, instead of weighing 7 cwt weighed 10 cwt; the drays are constantly changed.

Mr Dunbar said, he proposed to show, that the defendant knew the exact weight of the hay, which he had purchased of Mr Bowden of O’Brien’s Bridge; he called Charles Walker, Mr Butler’s Coachman, who deposed to the weighing of the hay; he produced a memorandum of the weight of each truss; there were 19 trusses, and the gross weight showed the deficiency above mentioned; the witness also, corroborated several portions of Mr Butler’s evidence.

Mr Butler was recalled, he stated, that he saw the defendant at Ottaway’s Hotel the day after he had promised to bring the hay, to make up the deficiency; he asked if ha had brought it; He said, he had not, and did not intend to do so; witness then went up to the Police Officer, and laid his information.

Mr Matthew Bowden, of O’Brien’s Bridge, stated, that the defendant was in the habit of buying hay from him; on the 30^th May, he sold him, and a man named Dowson, two loads of hay; there were 20 trusses in one load and 19 in the other; the weight of the 19 trusses was 8 cwt, 2 qrs, 12 lbs; the weight of the 20 trusses was 9 cwt 3 qrs 10 lbs; the defendant paid for the smaller load at the rate of 6 pounds per ten.

The rope, with which the trusses were tied, was produced, and Mr Bowden stated that the hay he sold to the defendant was tied with similar rope; Mr Bowden stated that he had seen some hay at Mr Butlers that morning, which was of the same kind as that which he had sold to the defendant.

Mr Knight for the defence, submitted, that there was no case to go to a jury; Mr Watchorn, or any other tradesman, might be liable to a prosecution by sending out goods deficient in weight, which might arise from a mere mistake. He cited the case of a Brewer, who was indicted for selling a cask of beer, deficient of two gallons, and in which it was decided, that it was a mere breach of civil contract; he also referred to other cases of a similar character, in which the convictions were quashed on the same grounds.
Mr Dunbar replied, and contended, that the evidence was quite sufficient to send the case to a jury; the defendant had knowingly sold to Mr Butler 8 cwt 3qrs and 14 lbs of hay, for 15 cwt, and had received payment for that quantity.

Mr Burgess observed, that taking all the circumstances of the case into consideration, he felt fully justified in sending it to a jury, but would admit the defendant to bail, himself in 100 pounds, and two sureties in 50 pounds each. The sureties were found, and the requisite bail was entered into.

The newspapers also confirm that Walter was a member of the Ancient and Independent Order of Odd Fellows, and in particular, a member of the Victoria Lodge.

The Courier Sat 13 Sept 1856:

Ancient and Independent Order of Odd Fellows

Meeting and speeches reported.

Toast given to the Steward- Brother Walter Butler returned thanks.

(NB Walter listed as a Steward in several newspapers)

© B. A. Butler

Contact email:
butler1802 @hotmail.com (no spaces)

Link back to Introduction chapter:
http://butlerfamilyhistoryaus.blogspot.com.au/2012/08/walter-butler-introduction.html

Wednesday 22 August 2012

Walter Butler- Ch. 16: Hobart- the Year 1856

THE YEAR 1856

Inconsistencies in Electoral Roll entry:

HOUSE ROBBERY:

Fraudulent Sale of Hay to Walter Butler: