Sometime in early 1861, Walter was granted the license for the 'Ship Hotel' cnr. of Collins- street and Elizabeth- street. He continued in his role as a Council Alderman.

The Ship Hotel c. 1868

This was an eventful year for Walter, including several appearances in Court related to the 'Ship Hotel', some due to difficulties with employees.
In January, Walter advertised Newbury House to let:

The Mercury 30 January 1861

Council Matters, including the opening of the water works project

The Mercury, January 1 1861

Municipal Council

Committees

On the motion of Mr Alderman Stewart, the following committees were appointed for the ensuing year:-

Finance Committee- The Mayor and Aldermen Kennerley and Stewart

Town Hall Committee- The Mayor and Aldermen Kennerley and Lipscombe

Police Committee- The Mayor and Aldermen Kennerley and Stewart

Water Works Committee- Aldermen Lewis, Lipscombe and Butler

Special Water Works Committee- The Mayor, and Aldermen Lewis, Lipscombe and Butler

Public Works Committee- Aldermen Lipscombe, Seabrook and Butler

Market/Lighting Committees etc.

Water Works Project

Walter was on the Water Works Committee and the Special Water Works Committee, working on a special project to provide a sophisticated system of water supply for the growing city, designed by Mr Gale. A special ceremony was held for the laying of the foundation stone, for which a holiday was sanctioned. Walter provided the catering.

The grand occasion was reported in the newspaper:

The Mercury 23 March 1861 p3-4

On Wednesday the fifth instant, the ceremony of laying the first stone of the tower connected with the New Water Works took place with considerable pomp and éclat. A partial holiday having been sanctioned by the Governor, the heads of the various business establishments appreciated the design, and afforded an opportunity to their employees to take advantage of the occasion, so that a very large concourse of persons was present to witness the ceremonial. The arrangements made by the Corporation were on an extensive scale, and a general invitation was given to the citizens and neighbouring in habitants, for whom refreshments were provided at the cost of the city. A large booth, appropriately decorated, was set apart for His Excellency, the Mayor and Aldermen attended by the Town Clerk, Mr Gale the engineer, Mr Gillon the Contractor, several Corporation officers, and the gentlemen who had been especially invited, and a tent was provided for Lady Young and the Ladies generally; a booth was also put up for the use of the Volunteers, Odd Fellows, and Rechabites, and another of spacious dimensions for the general public, while a rural bower had been constructed for the juveniles, liberally supplied with buns, lemonade, milk, gingerbeer and fruit, with several booths in contiguous localities. Alderman Butler acted as caterer on the occasion, and in addition to the good things provided by the Committee, several barrels of ale were contributed by one of our citizens….

His Excellency arrived on horseback at 2 o’clock, and was received by a guard of honor formed of about 200 of the Volunteers, and by a salute form the firing party of the Artillery, which was given with excellent precision. His Excellency was then escorted by the Mayor and Aldermen, and a cortege of our principal citizens to the foundation, amidst the eager and concentrated gaze of the assembled thousand, when the Mayor read an address descriptive of the origin, design, and progress of the works, and explanatory of the great benefit they would confer upon the citizens; at its conclusion His Worship was loudly cheered. The stone was now placed in position, a silver trowel was handed to His Excellency who laid the stone with the usual formalities, and having declared it to be “well and truly laid”, briefly addressed the Mayor and Aldermen. Three cheers were then given for His Excellency, and “one cheer more”, “three cheers for Lady Young” responded to with hearty good-will. The Mayor presented the silver trowel. On which was a suitable inscription to His Excellency and requested his acceptance of it as a memento of the occasion. The Governor was then conducted to his tent, attended by the Mayor, Aldermen, and special guests, when the dejeuner was served, His Worship the Mayor presiding. Several loyal and appropriate toasts were drunk and responded to, and about 4 o’clock the Governor and Lady Young retired form the ground….

(A more detailed report in the same paper, gave the Mayor’s speech praising the efforts of the Aldermen in the Special Water Works Committee and Mr Gale the Engineer.)

The report concluded:

The endeavours of the Mayor, Alderman Butler and the other members of the Committee to promote the enjoyment of the visitors were generally appreciated and few who witnessed them will soon forget the proceedings connected with laying the foundation stone of the new Water Works.

Hotel Licence

Walter succeeded in having the value of his hotel reduced in the assessment role. Notably, out of the many appeals for reductions of value of properties, the Ship Hotel was by far the highest valued property.

The Mercury Wed 27 Feb 1861 p2

City Assessment

Special Sessions for Appeals

Yesterday a Special General Sessions for the purpose of hearing appeals against the City Assessment was held at the Court House at 11 o’clock.

Justices Present- Messrs R. Lewis, C. Maxwell H. Tonkin, R. Walker, J. Tabert, R. Power, and Aldermen Stewart, Lewis, Butler, Seabrook. And Crisp.

The Town Clerk produced the assessment roll and notices of appeal, which were numerous. The Court was crowded, and a great many of the citizens thronged the lobby and passage leading to the Court.

Appeals

Walter Butler, Ship Inn, and premises reduced from ₤310 to ₤250.

The following year, Walter again must have appealed the rateable value of the Ship Inn, as the following Council meeting report attests:

The Mercury Tues 8 July 1862 p5

MUNICIPAL COUNCIL

Mon 7^th July 1862

The Mayor said that he wished to correct an error of the Press in reporting their last meeting. (Then continued to outline an incorrect reporting re comments made on the Melbourne Market). The Mayor continued: He did not believe that the error was intentional, but arose from the reporter being rather hard of hearing.

Alderman Lewis said that he was reported to have said that Mr Walter Butler was to be rated the same as last year. What he did say, was, that it was impossible for the Council to alter the assessment for the present year and that Mr Butler be informed to that effect.

The Mayor again said that he did not believe the error was intentional but they liked to be faithfully reported, and by a person not hard of hearing.

Walter advertised his hotel in the Cornwall Chronicle Wed 16 July 1862 p.7, jovially describing it as 'Baths and Billiards'.

The Mercury July 9 1861

Municipal Council

Gas Company re Lighting contract

(Discussion took place re discontinuing the lighting the city, to replace with oil, as the Gas Company’s charges were considered too high; and the question on whether Ald Seabrook or any other Alderman had discussed the matter with a Mr Laidlaw of the Gas Company, who was charged with revealing company secret figures.)

Mr Alderman Butler said he had had some conversation on this subject with Mr Laidlaw who was a friend of his, but since Mr Alderman Stewart’s motion, and that although Mr Laidlaw had admitted that the charges of the Company were high, he had never let loose the secrets of the prison house to him at all events, or entered into any explanation upon the Company’s charges, although a kind of overture had been made to him (Mr Butler) by another person with a view to discover of the Corporation would still act upon its resolution if fifty additional lamps were lighted without additional charge, and he informed the gentlemen that he thought they certainly would, and he might assure the Council that he went heart and hand with the motion of Mr Alderman Stewart and repudiated the imputation that Mr Laidlaw had improperly given any information relating to the affairs of the Gas Company. (Discussion continued)

The Governor’s Levee

On two occasions, Walter was invited to Government House, in his role as Alderman, to attend the Governor’s Levee:

The Mercury Sat 25 May 1861 p2

The LEVEE

His Excellency the Governor held a Levee in the Ball Room Government House at 2 o’clock in honor of her Majesty’s Birthday. A Guard of Honor furnished by H.M. 40^th was commanded by Capt, Sillery. There were present the Officers of the Staff, the Military Officers, the Members of the executive Council, the Judges, the Catholic Bishop, Clergy, principal officers of the Government, and a considerable number of other gentlemen…

His Excellency appeared in his uniform of Governor-in-Chief and the presentations were made by Lieut. Saunders, the Aide-de-Camp who (although there was a failure of the compliance with the regulations by some of the gentlemen attending the Levee, with respect to their being provided with the necessary cards) discharged his functions with characteristic tact and urbanity.

We subjoin the list of presentations:-

(Alphabetically listed)… Alderman Butler..

The Mercury Mon 2 Dec 1861 p2

The Governor’s Levee

Sat, November 30^th 1861

His Excellency Sir Henry e. Fox Young C.B. Governor-in-Chief of Tasmania, held a levee at Government House this afternoon at 3 o’clock on occasion of his approaching relinquishment of the government of th colony, and departure for Europe. The levee took place in the ball room. Lady Young received the Ladies in the drawing room. The following gentlemen were presented to His Excellency by the aide-de-camp, namely Messrs. (alphabetically)… Alderman Butler etc.

Court Cases

On several occasions Walter was required to appear before the Police Magistrate, all related to his publican’s role at the 'Ship Inn':

The Mercury Thurs 4 July 1861 p2

Police Office

Wed July 3^rd 1861

Before W. Tarleton Esq. P.M. and W. Crosby Esqs

ABSENT SERVANT

Thomas Gleeson was charged on information with having on 17^th June absented himself from the service of his master, Mr Walter Butler of the Ship Hotel. Defendant pleaded not guilty.

Complainant stated that on the day named in the information, he had occasion to speak to defendant for not having sent up a pair of fowls for a gentleman’s dinner. Defendant was drunk and took the fowls and put them in the pig’s pot. Defendant then went up stairs to get his clothes and said he should leave- witness said that he would not allow him to do so and sent for the constable when defendant struck witness and rushed out of the house. Defendant was paid his wages the night before.

Defendant denied the truth of Mr Butler’s statement, and wished to know whether Mr Butler was justified in striking him although he was Alderman Butler. Defendant had given notice to leave three times but Mr Butler had only abused him. Mr Phillips and Mr Reidy were present.

Mr Tarleton:- Are they here?

Defendant:- No, I had no money to summon them.

Mr Tarleton:- You are evidently an old hand at the Police Office and might have summoned them.

The Bench did not believe one word that defendant had stated. It was evident that the statement of Mr Butler was the truth and defendant was fined 40s. of in default 2 months to the House of Correction.

The Mercury Sat 13 July 1861 p2

Police Office

Fri 12^th July 1861

Before W. Tarleton Esq., P.M. and F.A. Downing Esq.

BREACH OF THE LICENSING ACT- Boyd v Butler

This was an information by Mr Superintendant Boyd against Mr Walter Butler, landlord of the Ship Inn, charging him with a breach of the Licensing Act in not clearing his licensed house at 10 o’clock on the night of the 5^th Inst. Mr Graves appeared for the defendant, and stated that Mr Sievewright had been summoned as a witness for the defence, but was not in attendance. Wickens the Summoning Officer, informed the Bench that he had served the summons at Mr Sievewright’s residence, when Mr O’Boyle, who was acting as Bench Clerk, stated that he had gone to Huon this morning.

The case was then postponed till Friday next and in the meantime a fresh summons was ordered to be issued for the attendance of Mr Sievewright. Mr Graves undertaking to tender him a reasonable sum for his expenses.

The Mercury 20 July 1861 p2

Police Office

Fri 19 July 1861

Before W. Tarleton, Esq. Police Magistrate

THE LICENSING LAW- BOYD v BUTLER

An information was heard at the suit of the Superintendant of Police, against Mr walter Butler, of the Ship Inn for not clearing his house and closing his outer door at 10 o’clock on the night of the 5^th of July.

Mr Graves appeared for defendant who pleaded not guilty.

Detective McGuire examined by Mr Boyd said:- about 10 minutes past 10 on the night of the 5^th he was at the corner of Elizabeth and Liverpool-streets with constable Vaughn when Mr Sievewright came up and said he had been looking for a constable as he came along and requested him to go along with him, to witness the outer door of the Ship Inn being open, that it was past 10 o’clock and that house had no right to be open more than any other. Witness accompanied him back to the house and half of the outer door was open. He saw Mr Butler and told him what had occurred, and he advised him to look through the house as there were no parties drinking; but he said there was a company upstairs, invites of Mr Chapman pr Mr Anstey, witness forgot which. Witness looked round and saw no one there but members of the family, Constable Vaughn and Mr Sievewright were with him as he went to the door, but Mr Sievewright left when he entered the house.

Cross-examined:- The Ship is one of the most respectable houses in town, and one of the best conducted. I never saw anything disorderly there. It is visited by travellers and visitors from the neighbouring colonies and other parts of the world, and has been so for many years. I am not aware that there were visitors or strangers living there at the time. Mr Sievewright is not a member of the police force, to my knowledge. In my judgement I would not have laid this information at that time seeing the door open at 10 minutes past 10 but for the interference of Mr Sievewright, and not only the Ship but any other house unless there was great disorder. I never knew of a case of advantage being taken where it was only 5 or 10 minutes past the hour.

Bt Mr Tarleton_ I know it was not more than a quarter past ten, having looked at the clock. Mr Butler told me there were seven or eight gentlemen upstairs in a private room.

Mr Boyd said he should call no other witness.

Mr Graves then addressed the Bench, and said even if the information was sustained by the evidence, he was sure their Worships would deal with the case under the 63^rd section of the Act which empowered the Bench to dismiss frivolous informations. But he submitted that the information was not sustained, as all that was proved was the latter[art of the charge, that the outer door was not closed; there was no proof that the public house was not cleared and it was for the complainant to show that the house was not closed, except for guests. It must be apparent to their Worships that no notice would have been taken had it not been for the mischievous and unnecessary meddling of a person who had nothing to do with the matter, and in whom tit would have been more becoming to attend to his own concerns and avocations. It was not to be said that the police required the assistance of such a person as Mr Sievewright. If he were however of the opinion that the police was not efficient, then they would be glad, perhaps, of his services in cases of greater importance and he might lend assistance in discovering the perpetrator of the late atrocious murder; but of course, that was beyond his range; and they found Mr Sievewright spectre-like (a laugh) hovering about Liverpool-street, no doubt labouring under some mental aberration at the time, 9a laugh), big with the idea of laying an information against Mr Butler. It was unnecessary for him (Mr Graves) to say that Mr Butler was well known by every person in Hobart Town, and his house was one of the most unexceptionable character; Mr Butler was the last man, and his, was the last house, against which an information of this kind should be laid. Mr Butler had just cause of complaint, not against the police, but of the interference of Mr Sievewright, for the very report of charges of this kind might have damaged his reputation and business. Mr Sievewright had been subpoenaed by one of the parties to this suit, and be believed he was there to give evidence, but he (Mr Graves) differed as to the propriety of calling him, and it would be useless, ___ his objection was a fatal one.

The Bench having deliberated, Mr Tarleton observed that it was a matter to be regretted that the law stood in its present shape with reference to houses of the description of Mr Butler’s. In the other colonies there were night licenses and licenses to suit the circumstances were given to houses like the Ship Inn. But as it was here Mr Butler was bound by the same law as any other, and therefore the Bench could make no exception as to the law of the case, and they would be bound to administer that law if they thought he had broken it, the same as they would, had it been broken by any other publican; but, looking to the circumstances disclosed, they were of opinion the facts would not have justified them in convicting any publican, let him be of the lowest character. As McGuire had said he went into the house and found no person there. He was told there were invited parties upstairs, but whether they had a right to be there, they were not told. They might have came such a distance as to constitute them travellers. And he (Mr Tarleton) must say it would be stretching the matter too far that a person having a private apartment in a Hotel should be precluded from extending his hospitality to his friends in a lodger’s room, which might be said to be his castle. Their Worships were clearly of opinion the information, as laid, was not proved, ad must be dismissed.

The information was dismissed accordingly.

The Mercury Wed 27 Nov 1861 p3

Police Office

Tues Nov 26^th 1861

Before the Police Magistrate and Capt. Baleman

CLAIM FOR WAGES

Mr Walter Butler of the Ship Hotel, attended to answer an information by Henry Mallett who claimed 10s. balance of wages due to him.

Complainant deposed that about 4 months ago he engaged with defendant as waiter from week to week at 10s per week. Continued in defendant’s service until 26^th October last. Gave defendant a week’s notice before he left and defendant now owed him a week’s wages. Viz. from 19^th to 26^th October. When witness applied for the money defendant said that he would not pay.

Cross-examined- Gave notice on a Wednesday afternoon. Engaged with defendant on board the City of Hobart.

By the Bench- On the Saturday witness left he did so with Mr Butler’s consent and he promised if witness came on the Monday he would give the necessary discharge and pay the wages. Witness went oh the Monday evening. Defendant would not give the discharge but said that he would put witness to as much inconvenience as he could. No other person was present when Mr Butler told witness he might go on Saturday night.

Before Mr Baker- Three gentlemen were staying in the house on that night.

The Defendant was then sworn and said that complainant never gave a week’s notice, but on the Saturday night when complainant left, witness cautioned him not to do so, He begged most distinctly to deny that he ever gave complainant permission to leave on the Saturday. The reason why witness refused to pay complainant’s wages was because he had broken his agreement and occasioned great inconvenience.

The Bench were of opinion that complainant had broken his agreement and as such could not claim wages, the information must therefore be dismissed.

Other Council matters

The Mercury August 20, 1861

Municipal Council

PLEURO-PNEUMONIA

Letter from Mr Dossetter, Inspector of Slaughterhouse, for advice as to a supposed case of pleuro-pneumonia in cattle landed by the Harriette Nathan, and asking how to act under the circumstances.

Mr Dossetter who was present, said some cattle was slaughtered to-day in the presence of some members of Parliament, and Mr Centauri who gave the opinion that there was no appearance of pleuro-pneumonia. The meat was not condemned. Mr Centauri said he thought Mr Murray was mistaken as to the beast which he reported to have had pleuro-pneumonia.

Alderman Butler gave some particulars accounting for the appearance of the beast on which Mr Murray had pronounced, and which was affected with inflammation of the lungs. He said it was a very serious matter and it was a pity some other professional gentleman had not accompanied Mr Murray. He also remarked that gentlemen at his Hotel had refused to eat beef since the rumour. Etc.”

(This was the first mention of his hotel.)

The Mercury November 12, 1861

Municipal Council

Letter from Mr Superintendant Boyd calling attention to the unhealthy state of the large cells at the Police Office, from the offensive effluvium arising from them, and there being no ventilation.

Alderman Butler drew the attention of the Council to the fact, that whilst these cells were building he had called attention to the unsuitable character of the site, which had been brought before the Director of Public Works. He had lately visited the cells and found that they were so bad, that they were not fit to put swine into, much less human beings.

The letter was referred to the Police Committee and it was resolved that the Public Works Committee visit the buildings in conjunction with the Police Committee to-morrow.

The Mercury Fri 26 July 1861 p3

The Fourth AUSTRALIAN CHAMPION STAKES

To take place in Tasmania on the New Town Course in 1861

Patron His Excellency the Governor

Subscription List

Walter Butler ₤10

RE-ELECTION BID AND DEFEAT

The following series of extraordinary election reports resulted in Alderman Walter Butler losing his re-election for the following year:

The Mercury December 12, 1861

ELECTION OF ALDERMEN

I hereby give notice that in accordance with the provisions of the 16^th Section of the Hobart Town Corporation Act, I, as Mayor of the City of Hobart Town, will upon and from and after the 19^th day of December, inst. And until 12 o’clock at noon of the 23^rd day of December inst. Receive the nominations of persons to be elected Aldermen on the 26^th day of December inst. In the places of Aldermen John Murdoch, Alderman Henry Pearce, and Alderman Walter Butler, who respectively by virtue of the 11^th and 12^th sections of the said Act, go out of office by rotation on the 27^th day of December 1861. Etc

The Mercury Fri 13 Dec 1861 p2

ELECTION OF ALDERMEN

The election of three Aldermen to fill the chairs vacated by the retirement, according to the provisions of the Hobart Town Corporation Act, of Messrs. John Murdoch, Henry Pearce, and Walter Butler, takes place at the end of the present month. Nominations will be received between the 19^th and 23^rd inst., and the polling, in case of a contest will take place on the 27^th. No intimation has yet been afforded of the willingness or otherwise of the gentlemen whose seats become vacant, to accept re-election. We believe, however, it is understood that Alderman Butler does not intend again to seek the suffrages of the citizens.

The Mercury December 24, 1861

NOMINATION FOR ALDERMAN

Yesterday at noon, the nominations for Aldermen for the City of Hobart Town in the room of the outgoing aldermen, Messrs, Butler, Murdoch and Pearce, were received and opened, when the following appeared to be the candidates, namely;

John Murdoch and Henry Peace, nominated by 41 citizens.

Walter Butler, nominated by 36 citizens

Douglas Thomas Kilburn, by 28 citizens, and

John Leslie Stewart, by three.

The two latter candidates being new candidates.

The election will take place on Thursday, and the result will be declared on Friday, immediately after which the Mayor for the ensuing year will be chosen.

The Mercury Wed 25 Dec 1861 p3

ADVERTISEMENT

To the Electors of the Municipality for the City of Hobart Town.

Gentlemen- I observe from this morning’s papers that I have been nominated for election as Alderman by 28 of my fellow citizens. While I feel highly flattered at this proof of their confidence, at the same time, I am sorry to be obliged to decline, if possible, the honor proposed to be conferred upon me.

The public duties that I have already confided to me, and which are all honorary, are as much as any one citizen ought to undertake at one time.

Besides the miserable pittance to which the enormous fall in rents and the greatly increased rates and taxes have reduced my income, would render it imprudent for me, with my large family, to __ my expenditure… etc.

You obdt servant

Douglas T. Kilburn

The Mercury December 27, 1861

Municipal Election

The polling for the election of three Aldermen in the place of Messrs Butler, Murdoch, and Pearce, who retire by effluxion of time, took place yesterday at the Council Chamber, New Market, before the Right Worshipful the Mayor etc.

The three retiring Aldermen had been nominated for re-election and Messrs D. T. Kilburn and J. L. Stewart, had also been put in nominations, but both of those gentlemen had by advertisement, signified their unwillingness to serve, and had requested the burgesses not to vote for them.

The poll opened at 9 o’clock and closed at four; but little interest however was excited on the occasion, as only about 189 burgesses recorded their votes out of a constituency of 3,500. A few friends of Mr Kilburn manifested some little activity as if determined to carry him in nolens volens.

The ballot boxes will be opened this morning, and, as soon as practicable, the Mayor will publish the state of the poll, and the names of the candidates elected.

The Mercury Sat 28 Dec 1861 p2

Municipal Election

Declaration of the Poll

Yesterday morning at 10 o’clock the Right Worshipful the Mayor opened the ballot-box and proceeded to ascertain the result of the voting; by half-past ten the work was completed, and it was known that the election had fallen upon Messrs Pearce, Murdoch and Kilburn

At noon the state of the Poll was officially declared from the hustings in the New Market in the presence of about two dozen persons below and about ten persons on the platform.

The Mayor said that he had now to publish the state of the Poll as follows:-

Pearce 233

Murdoch 222

Kilburn 155

Butler 123

Stewart 39

He had now to declare Pearce, Murdoch and Kilburn duly elected as Aldermen for the City of Hobart Town. It had been his lot to declare the poll on many occasions and to congratulate the citizens upon the quiet and orderly manner in which the elections had been conducted. He could not congratulate them upon the present election, for there had been so little excitement, so few had voted, that those who had to conduct the election felt their work to be very dull. As this was the last time that he should have the honour of addressing them as Mayor he would thank then for the courteous manner in which they had always received him. Having been Mayor for two years he was enabled to form an opinion of the conduct of its citizens, and he did believe that Hobart Town was one of the most orderly and quiet places on earth. They had been labouring under commercial depression but he believed that better times were coming, and he also believed that the a great deal of the depression was the effect of their own extravagance (then gave an example of the amount of meat consumed per week etc.)

Alderman Pearce addressed them followed by Alderman Murdoch.

Alderman Kilburn said- Doubtless it is very gratifying to me to find that I have so much of the esteem of the ratepayers that in spite of my declared opposition to being elected I have been placed here. You have, however, placed me on the horns of a dilemma. I have the right being a member of parliament, to decline to serve as an Alderman, but then I do not wish to put the city to the expense of another election; and another reason, which has greater weight with me, is that I might probably offend those who have voted for me. As I have been elected I think I must stand, at the same time you must be aware that you have thrown an apple of discord amongst the Aldermen. (no. no.) As a body of gentlemen I respect them highly, but I have been opposed to many of their acts. I have been opposed to the expenditure of money for a new Town Hall, and for the Waterworks. I dare say I am wrong, but I am afraid I am too old to be converted. I am really very much afraid that I am an obstinate old fellow. I shall still be opposed to what, I consider tightly or wrongly, an extraordinary expenditure of money, and therefore you have placed me in rather a curious predicament. Hitherto the Council have worked together unanimously so that now you have pitched me like a young Daniel into the lion’s den. I am opposed to the Aldermen not personally, but politically. I give the Aldermen and Corporation the greatest credit for what they have done, but I am opposed to the 100^th Clause of the Corporation Act: I endeavoured to get that altered in another place, but the Aldermen opposed it, and so it was not done. It has been altered in Launceston and I can see no reason why it should not be altered here. I still adhere to my opinion about the new Town Hall that it is not necessary. I am afraid it is too late, and what can one man do (Mr J. Lawrence- The money will be spent here)- I wish you would allow me to resign. (Mr Lawrence- “No Sir, you will do very well.”)

The Mayor- You can’t resign now, you have been declared.

Alderman Kilburn- I return my best thanks to those who have elected me, and if I do not always attend, do not let it be said hereafter that I have not done my duty. I have a great many duties to perform for the public and I never got a single penny for their performance. I thought it rather hard to be made an Alderman, when I am doing duty as a member of Parliament, and also as a Magistrate, but I will do as much as I possibly can, and if I am not so constant in attendance do not blame me hereafter. Before I sit down I am sorry to hear from His Worship the Mayor, that he is about to retire, I do not think we have had a Mayor who has so studied the interests of the city as His Worship (hear. Hear). Etc.

Only 190 persons voted at this election, viz.

Burgesses having 7 votes 3

6 votes 4

5 votes 3

4 votes 2

3 votes 20

2 votes 36

1 votes 122 TOTAL 190

The Mercury December 28, 1861-

Electoral defeat:

Editorial

When Alderman Douglas Thomas Kilburn expressed his fear that the hundred and fifty citizens who voted for him had “pitched him like a young Daniel into the lions’ den”, he employed a metaphor, the pertinency and meaning of which it must be reserved for persons of his own high level of intellectuality to comprehend. Whether he meant to insult his supporters, or to insult the Aldermanic body, by his extraordinary citation of this biblical tradition, it is not easy to conjecture, Possibly he meant that, like Daniel, he was so distinguished by grace and piety as to feel warranted in anticipating a special interposition of Divine Providence to protect him from the evil passions of the wicked men into whose society he has been thrown.

The only felicitous expression which Alderman Kilburn made use of, was the word that described the method of his election. He has been “pitched”, it is true, into the Municipal Council, and little reason he has to be proud of the distinction!

Out of upwards of three thousand votes come hundred and fifty have been recorded for this gentleman. We wonder if there is any single man in Hobart Town who could not muster a hundred and fifty supporters, with a little active canvassing!

We refuse to look upon the election of Mr Kilburn as the deliberate act of the citizens. He has been returned by a small majority over Mr Butler, simply because the impression was artfully produced that there would be no contest, and that the three retiring Aldermen would be virtually allowed to walk over the course. It is undoubtedly a drawback to the system of secret voting that many elections are carried by surprise. This is a case remarkably in point. No objection to either of the three gentlemen vacating office was even hinted. When Mr Stewart and Mr Kilburn were put in nomination they went through the act of formally retiring, and few of the citizens, who as a body we have not the slightest doubt, were most anxious to secure the services for another term, of men who had gained large experience in the conduct of city affairs, deemed it necessary to proceed to the poll to record their suffrages. This furnished the dew active supporters of Mr Kilburn with their opportunity, which it must be confessed to their credit as tacticians they did not fail to improve. The result is before us. We hope it will be satisfactory. In due time we may expect to see the special providence which the pious Kilburn predicts will preserve him like a second Daniel from the devouring jaws of his brother Aldermen, elevate him to be dubbed “The Right Worshipful”.

The extraordinary sequence of events leading up to Walter’s defeat in the election by his unwilling, and as the editor of the newspaper described, impertinent and insulting opponent Douglas Kilburn, was purely a result of a voter turnout that could only be described as apathetic and disgraceful. Of 3,500 eligible voters, a total of only 190 turned out, and due to the active supporters of Mr Kilburn, he was voted into office. It would appear ,from the newspaper editor’s initial report, that Walter was initially unwilling to stand again, but was encouraged to re-stand by his supporters.

Impropriety Charge

Not long after Walter’s defeat, his honour was called into question by the newly elected Aldermen in relation to his role on the Special Water Works Committee:

The Mercury Tues 21 January 1862 p3

Municipal Council

Mon 20^th January 1862

Present the Right Worshipful the Mayor, Aldermen Pearce, Murdoch, Crisp, Cook, Seabrook, Walker and Lewis.

Reports:

Impropriety Charge:

A report from the Water Works Committee was brought up in reference to certain improper entries alleged to have been made in the book by Mr Butler.

A letter was read from Mr Butler in explanation and

Alderman Cook suggested that, as it was unfortunate such a subject should have been brought forward, the Council ought not to take notice of the matter.

Alderman Murdoch thought the Council ought to take notice of the subject.

The Mayor said it was very improper that such entries should be made in the book, and he requested the Superintendent to go up, and enquire into the matter.

Ald Murdoch thought the subject ought to be enquired into.

Ald Crisp was of opinion that there was nothing very offensive in the matter.

Ald Seabrook thought if Mr Butler had neglected his duty he ought to be called to account but there was nothing to show that he had done so. He (Ald Seabrook) contended that the Council had nothing to do with the natter. If the Mayor thought proper to make any enquiry, he might have done so, but as it was a general holiday, the Council had no business to take any notice of it. The matter then dropped.

The report does not indicate what the breach involved and as the matter was dropped, no further information is available.

Walter’s eldest son Edmund Walter was summoned as a witness in a Court case. He reveals that he had been studying engineering under Mr Gale for over three years.

The Mercury Thurs 18 September 1862

LAW

Supreme Court

Sittings after second Term

Wed Sept 17^th

Before Sir Valentine Fleming Knt, Chief Justice and Juries of seven.

McPherson v Lord

(re: disputed boundary line of properties at Sandy Bay)

Mr J. N. Gale examined by the Attorney General deposed that he was a civil engineer. On the 7^th June last he surveyed the boundary line in dispute and made a plan thereof. Six inches is the greatest extent which the building is over that line. (cont.)

Mr Edmund Walter Butler deposed that he had been studying engineering under Mr Gale for 3 ¼ years. Witness assisted Mr Gale in surveying the boundary line of Mr MacPhersons property at Sandy Bay. Witness had also made an independent survey, and found that a line drawn from the centre of one stone to the centre of the other stone cut the new buildings. Etc

COMMENT ON NEWSPAPER REPORTS IN YEARS 1856 TO 1862:

The preceding newspaper reports of Walter’s role as an Alderman gives an outstanding incite into the development of his character as a community spirited and honourable citizen. Given his early experiences in his life, which could not be considered so honourable, Walter certainly matured into a worthwhile, respectible and highly respected human being in the latter stages of his life.

During his three years as Alderman, Walter made a significant contribution to the development of the City of Hobart, in respect of the water supply, drainage, and the provision of adequate buildings and facilities for police officers and for those detained within those facilities. This area seemed to be of particular interest to him. He also tried very hard on behalf of the citizens to have a new and more impressive Parliamentary Building built, even though it did not come to fruition.

The various controversial incidents Walter was involved in during the first half of 1860, regarding his friend Mr Gale the Director of Water Works and his dispute with Council, and the unrelated dispute about his son’s salary increase in his role as Mr Gale’s assistant and allegations of nepotism, plus the dispute with the Editor of the “Mercury” regarding Walter’s statement during Council about the Port Arthur convicts being released in Hobart Town, obviously rankled. He was very obviously in dispute with several of his aldermanic colleagues, in particular Alderman Stewart.

He continued in this role during 1861, despite taking on the added responsibility of running “The Ship Hotel”. However, noticeably, he now missed many Council meetings, whereas, before this, he never missed a meeting. In 1860 he was absent September 3, 17, 25, October 2, 30, and December 10. In 1861, he was absent January 8, 22, February 5, 12, April 3, 9, 24, May 7, 23, 29, August 19, 27, September 2, 10, 25, October 1, 15, and December 3. These absences may have become noticeable to his constituents and may have been the reason for his unwillingness to contest the election and his ultimate narrow defeat in the December election.

However, the editor of the Mercury newspaper, gave a very sarcastically written editorial on the reasons for Walter’s defeat. He accused Mr Kilburn of gaining victory through the apathy of the citizens of Hobart, and the unusual way the two new candidates had advertised. Mr Kilburn had been a very reluctant candidate put forward by a small group of citizens, and as he and Mr Stewart had placed advertisements begging not to be given any vote, and, as was usual in these re-elections, the citizens of Hobart had assumed that the retiring aldermen who were re-standing for election, would be automatically re-elected, and therefore very few bothered to turn up to the voting polls. Mr Kilburn’s friends, however, actively placed their vote, with the result that Walter failed to be re-elected, by a small majority. As the Editor said, few of the citizens “who were most anxious to secure the services for another term, of men who had gained large experience in the conduct of city affairs” deemed it necessary to vote.

During that year of 1861 his old adversaries, Aldermen Lipscombe and Stewart, also resigned from their positions, and after the election Mayor Cook also left, so there was new blood in the Council. Walter had served the people of Hobart Town for four years, and during that time, much had been achieved, particularly with regard to water diversion and supply, public works, street lighting, the policing in the city, and the early establishment of the new Town Hall site. He wasn’t a particularly vocal member during Council meetings, but what he did contribute was thoughtful and sensible. His greatest contribution was in a practical way with his work on the various committees, through his wide practical experience. It was a pity that his important contribution to the establishment of the new water works system that was of great benefit to the citizens of Hobart Town was sullied by the implication of impropriety by the Aldermen. Apart from this one report, the year 1862 remained uneventful in Hobart.

Mayor Cook

Alderman Frederick Lipscombe

THE WILLIAMSTOWN FIRE DISASTER

However, a disaster in Williamstown in mid 1862 would have far reaching consequences for Walter and his family.

The Argus (Melbourne) Wednesday 30 July 1862 page 5

A disastrous fire occurred at Williamstown early yesterday morning, when several of the principal houses in the front street were destroyed, About half-past two a.m. the constable on duty discovered fire issuing from one of the back rooms of the Albion Hotel. He immediately gave the alarm, but, a light north-west breeze blowing at the time, the flames soon spread to the premises of Mr. Brotchie, boot- maker; Mr, Sufferen, jeweller; and the Ship Hotel, communicating ultimately with the Customs offices. The crew of H.M.C.S, Victoria, under Lieutenant Gascoigne and Mr. Griffith; the men of H.M. Customs, under Messrs. Macfarlane and Bock ; and the police, under Mr. Inspector Nicholas, were promptly on the spot, and rendered efficient assistance ; but owing to the combustible nature of the buildings, they were consumed in a very short space of time. Several tenements were torn down, and the greatest exertions were used to prevent the fire spreading. The value of the properties destroyed is estimated at about £4,500, some portion of which is covered by insurance. The greatest loss falls upon Mr. Gibbs, of the Ship Hotel, who is unfortunately uninsured. As usual, the municipal fire-engine was not in working order, so that the water had to be convoyed in buckets to the scene of the fire.

Walter’s investments in Williamstown, including the ‘Ship Hotel” which he still owned, were destroyed in this event, resulting in loss of income, as he was uninsured.

There was another report of a fire in Williamstown in February that year:

"The Star" Ballarat Mon 17 February 1862 p1

FIRE AT WILLIAMSTOWN

On Thursday night last an extensive fire took place in Williamstown. It seems that at about a quarter to eleven p.m. flames were seen issuing from a house in Cole Street, occupied by Mr L. La Roche, paperhanger, &c., by a groom in the employ of Dr McLean. He at once proceeded to the premises to give the alarm, but finding the occupants absent, he attempted to subdue the flames, but owing to the inflammable nature of the premises, the fire soon gained the ascendancy, and within a few minutes, communicated with the Steam Packet Hotel (ie. the old 'Ship Inn'), which was totally consumed. The police, under Mr Inspector McNeill, were immediately on the spot; also the men of H.M.s Customs, under Messrs Macfarlane and Roch; and the officers and crew of the ship Hope; who all energetically rendered assistance. Fortunately it was perfectly calm at the time, and several tenements were pulled down, which prevented the fire extending. The want of the long promises Yan Yean was generally commented on, as scarcely any water could be obtained. Mr La Roche's house was insured; not so the Steam Hotel- Argus, 15th February.

According to the book "Port of Many Prows":

Walter Butler was the licensee of the first 'Ship Inn', and also the second 'Ship Inn', and this hotel was taken over by William Leach. This hotel in Cole Street became a boarding house until Edward Jennings assumed tenancy and opened a bakery in the building next door. He also obtained a licence for the old building which became the 'Steam Packet Hotel'. The third 'Ship Inn' stood opposite Gem Pier, with Thomas Masons' store between it and the Albion Hotel. All three buildings were destroyed by the fire on 28 July 1862, which wiped out six properties. Licensee Samuel Crickner of the Albion Hotel escaped with his life, but minus his trousers and boots, which he took off downstairs before going to bed. This was the fifth large conflagration of the year. John Gibbs of the razed 'Ship Inn' transferred his licence to the two-storied bluestone house in Douglas Parade.

From these reports it is difficult to determine which of these properties were still owned by Walter Butler when consumed by fire.

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

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

Walter Butler (c.1807-1870)- the life of a 'currency' lad born in the colony of NSW

Friday, 24 August 2012

Walter Butler- Ch. 20: Hobart- Years 1861-1862

Council Matters, including the opening of the water works project

Hotel Licence

The Governor’s Levee

Court Cases

Other Council matters

RE-ELECTION BID AND DEFEAT

Impropriety Charge

COMMENT ON NEWSPAPER REPORTS IN YEARS 1856 TO 1862:

THE WILLIAMSTOWN FIRE DISASTER