In the news

Newspaper clippings, mostly from 1848–1954, that relate to or reference Mintaro, its residents and surrounds.

Some articles and adverts are included to shed light on life in the early years of the South Australian colony and its settlers.

Duplicate items published in alternate newspapers have not been included except where additional information is provided.
Spelling variations, misspellings and typographical errors are generally not corrected but in some cases “(sic)” is used
to identify the mistakes as appearing in the newspaper in the form recorded.

The clippings have been sourced from Trove, an online library database aggregator hosted by the National Library of Australia.

Another Special Survey

ANOTHER SPECIAL SURVEY.— From yesterday’s Gazette, we perceive, that John Morphett, Esq, as agent for Arthur Young, Esq, of Aberdeen, has demanded a Special Survey in the upper part of the valley of the Wakefield, commencing from the Northern boundary of the survey taken by Capt. George R. Lambert, R.N., Edward Rice, Esq. M.P., and Robert A. Slaney, Esq., M.P. on the 10th March, 1840, including the sources of the river Hill, but not interfering with any other survey previously demanded.

Pasturage runs

PASTURAGE RUNS
Commissioner of Crown Lands Office, July 23,1845.
List of Persons who have lodged descriptions of runs at this office, in pursuance of the Regulations under the Waste Lands Act:—
W. W. Hughes, the Hummock Range
James Stein, Burra Creek …

OCCUPATION LICENCES

OCCUPATION LICENCES.
Commissioner of Crown Lands Office, Feb. 11, 1846.
The following persons having made application for Occupation Licences, the descriptions of the runs claimed now lie at this office for the inspection of any persons concerned:—

James Stein.—1. Surrounding the Wakefield Survey. 2. Burra Creek, adjoining the south and west-sides of the Princess-Royal Mine.

C. BONNEY, Commissioner of Crown Lands.

EIGHT DAYS WITH THE NORTHERN HOUNDS

EIGHT DAYS WITH THE NORTHERN HOUNDS.
Monday, 10th July.—Met at the kennel (Cadlunga), and, crossing the Wakefield, found near Tilcorowry; best pace to Flagstaff Hill, where the hounds divided in a piece of scrub, and we rode to the pride of the pack, old “Charman,” and three couples of the puppies. After a quarter of an hour’s burst over a very rough country, ran into him in the open near Peters’s Red Hill— “Concubine,” “Crucifix,” “Beeswing,” “Bacchus,” Bouncer,” and “Brutus,” straight away over the Light Range, and, crossing the Burra Road, killed near the hospitable caravanseria of the well-known Tom Hornsby.
Friday, 14th.—Uncoupled at half-past ten on the Hill River; after a drag beautifully picked out by the old hounds “Charman” and “Concubine,” went to the front, at the Strong Gap; and before we had time to spit out our cigars, the lot were at him like greyhounds. For the first six miles the pace was terrific, over a very pretty country, across Farrell’s Creek to Stein’s Gap, in Flagstaff Range, when we viewed him from two to three miles a-head (sic) of us. Bending to the S.E., he skirted the Salt Lake, and faced the open plain to the Burra Road, about a mile north of the house lately established at the Black Springs by Mr Tapley, when he wanted to stop; but the pups were hungry and would take no denial, so he tried a mile or two of artful dodges, whereby (twig the “moral”) he made bad worse, for the tail bounds got up, and “whoo-hoop” was his knell in no time. This was a superb scenting-day, or we should never have killed him; for we afterwards discovered that he had been disturbed very early by a person looking for bullocks; and, after all, we covered twenty miles of country, with only one check, before we took his brush.
Wednesday, 19th.—Found near Pine Creek; and after a ringing run of forty minutes, threading no less than three flocks of sheep without a mistake, ran into a “riglar locomotive” in the bed of the River Wakefield, at Poorkanga. Nota bene.—I take this at second hand, for (tell it not in Gath!) my nag shut up, and I was only in time to see two of the old hounds snarling over his “cocoa-nut.”
Saturday, 22nd.—Met at the station of W. Slater, Esq.; had a very pretty find near the Old North Road; but being a had scenting-day, the dog chose his own line, which, under other circumstances, he is seldom permitted to do, and got into an impracticable scrub with all speed, where some kangaroo jumping up, we were compelled to whip off.
Wednesday, 26th.—Met at Clare; and drawing down Dog-trap Flat, after a prettily executed drag, went away best pace in a northerly direction ; after a couple of miles the hounds suddenly divided; and the whip riding at the lesser division (two couples) found that they were too confident to be easily stopped, old “Royalty” going with his stern down, bristles up, and bent upon the silent system. They headed at first towards Bungaree, the station of G. Hawker, Esq., and crossed the Hutt River, then bending gradually S. to E., recrossed the river near Blackman’s Rock, and once more towards Bungaree, leaving that station and Eyre’s Tree on the left; viewed her on the plain, and took her brush before she could top the eastern ranges of the Hutt. The other four couples were right also; for ridden to by the “Squire” and the whole of the field, they headed to the eastward and crossed the ranges to the Hill River, going as straight (and a trifle faster than) an arrow. She crossed the river, and, taking the top of the range, tried the nerve of the men and the legs of the nags over a terribly rocky country for upwards of three miles. On the Camel’s Hump they viewed her, and, finding the rocks no refuge, she again took to the open; and, turning more to the eastward, was run into Farrell’s Creek, yielding her brush to W. Robinson, Esq., after a very quick run of fifteen miles. Upon afterward comparing notes over the mahogany at Cadlunga, we found that in all probability we had destroyed a dozen of sheep-slayers, since both were bitches in pup.
Saturday, 29th.—Met at the kennel, and drew for a dog down the eastern side of the Wakefield. After a brilliant burst of a couple of miles, found we were running a nipping little flying doe, which took gallantly away, after one or two rings, for Mt. Horrocks, and crossing the North Road, came towards her home again by “Billy Tatum’s Water Hole.” Here, another view had nearly concluded the affair—for old “Raymond” and the bitches were racing for first mouthful when she got into a little scrub, and, doubling as short as a hare, they had three minutes check. At her they then went again, and in ten minutes the lot (five couples and half) jumped upon her in the river at Maberly.
Wednesday, 2nd August.—Met at Clare, and drew that country blank—nothing but a little drag all day; wind at S.W., with a pleasing alternation of rain and hail showers—the air like a “sneezer” off the Horn, and about as much scent as would be found in that delightful locality.
Saturday, 5th.—Met at the kennel at sunrise, and drew across the Wakefield, past Kite’s Station. Found, after a very short drag, opposite Maluby. “Stole away” was the word, and gathering up our nags—for the country was very boggy—we settled down at him in the usual do or die style of these varmint little hounds. The first halt mile led ug to the remains of his supper (part of a lamb), and a heart-felt screech from the Squire told the delight with which he saw his “Pets” at the sheep-slayer. Leaving Tilcowry on the left, we crossed Kangaroo Plains, the Gilbert Ranges, and a couple of scrubby ridges with heavy rotten ground between; and here the gentleman wanted a spell, but only half a minute was allowed him ere they were again racing at him to the southward. This line he kept for about two miles, when he made his last shift, heading away west; the merry little dogs, however, began to smell blood, and they ran into him at a pace which set us all punishing for our lives. He proved to be a huge dog, and certainly game in proportion, since he gave us a good nine miles in half-an-hour, the kill taking place about two miles N.W. of the Saddleworth Hotel.
We cannot conclude without expressing our conviction that the appearance, condition, and performance of these hounds were never surpassed by their celebrated progenitors of the “Fife.” The country is well adapted for the sport, and some of the settlers of the north exhibit the spirit for which that district has always been distinguished, in the zeal with which they support and ride to the hounds. Next year the Squire hopes to open with twelve couple of hunting hounds, when, if any gentleman in South Australia, who loves the sport in its purity, will take a canter with them, we will guarantee him high gratification, and a hearty greeting from his brother sportsmen of the proverbially hospitable north.

DECLARATION OF INSOLVENCY

INSOLVENCY NOTICES.
DECLARATION OF INSOLVENCY.
James Stein, of the Wakefield River, sheep-farmer, declared himself insolvent on the 6th Sept.
Solicitor—R. D. Hanson.

INSOLVENCY NOTICES

INSOLVENCY NOTICES.
FIATS.
James Stein, of the Wakefield River, sheepfarmer, having been adjudged insolvent, he is required to surrender himself on Thursday, 26th October, and on Thursday, 16th Nov., at one o’clock, to make a full disclosure of his estate and effects, when the creditors are to prove their debts and vote for the appointment of assignees.

THREATENED STRIKE

THREATENED STRIKE AMONGST THE CARTERS OF BURRA BURRA ORE.
Gentlemen—’The Press,’ that all-potent engine of modern times, is solicited by the poor bullock-driver, to help his starving team along the road, and through the ‘pinch’
Listen to our story, Gentlemen, and when you have heard but ‘gentle roundelay,’ give us a pull, and when you are hard up, by
‘All the blood of all the Howards,’
all of us will hitch on, and double-bank you through the mud and over the hill. Let what will, you shall never stick for a pull or a pound, any day of the week.
Now to work. The Burra Directors have just now endeavoured to diminish the pay of the labourers and others at the mine to a guinea per week. This is unjust, because the pay of the labourers about Adelaide is 4s per day all the year round; and at hay and wheat harvest more, while provisions there are about 40 per cent, cheaper than at the mine. We, the drivers, sympathise with the demand of the labourers for increased pay, and we are prepared to insist on an increase in the price of the cartage for ourselves, and we will show you good and rational ground for the increase; or, if we cannot, we’ll have none of it.
Now then—A good team of eight bullocks, dray, and apparatus, costs about £100. This team can only be used about 7½ months in the year; the rest of the time must be spell time. During the 7½ months, only ten trips can be made. The general average of load will be 2 tons and a half weight, or 2 tons 12½ cwt. of actual weight, which will give, for each trip, 137s 6d, or (is 6d per day, for this most wearisome and exhausting labour; and that, too, when everything goes smooth. Now I affirm, and my brother whips will re-affirm what I say, that not a score out of hundreds on the road have made, or in the nature of things can make, 10 successful trips in the year. I say 10 trips, without serious loss or breakage; it so, how much does the owner and driver get?—Why not labourers’ wages. The mechanic in town, or elsewhere, gets his 7s or 8s per day; but, mark! he has no anxiety in his mind after his day’s labour is over. He has his clean, soft bed, and, perchance, his own ‘house and smiling wife,’ dreaming of heaven. He has his well-prepared and punctual meal. He has his evening to himself by his own ingle, or is at his club-library, or Mechanics’ Institute. On the Sabbath he can go to church with his well-dressed little ones; he has ‘his day of rest.’ Does the poor bullock-driver, this poor ‘pariah’ of Australian society, does he have any rest! Look at him on the road, belted and bearded, covered with dust and perspiration. When does he get a comfortable meal, a soft bed, a wash, a shave, or a Sabbath! Perhaps he has to walk hundreds of miles to find lost bullocks. Last week I met a man who had sold his all to buy a team, and who on this, his first trip, turned out his cattle at the Five-miles Stump, and had been walking after them for more than three week, without once hearing of their ‘whereabout.’ I myself have had two pairs adrift this six months. I now hear that I may perhaps pick, them up at the She Oak Wells, on the Sydney side, so that I have the delightful choice of a journey of 400 or 500 miles for a chance, or at once to abandon them. Will 6s 6d per day compensate for this?
This is not the worst of it either. The Burra people pretend to weigh the ore at the mine, at the thing they call a weighbridge. I call it a STEAL TRAP. And why?—It is so uncertain in its operations that it mostly weighs over the actual weight 8, 9, 10, and even 15 cwt in the load; so that after the journey of 200 miles is done, and the bullocks are done—the driver finds that he is done. The true weight at the Port shows the error of the mine weight, and the poor driver is mulct 10s per cwt. for all the ore said by the ticket to be short delivered. I know cases where the drivers have at the mine requested their ores to be re-weighed, or weighed by some other means than the weighbridge,—which has been refused as troublesome. They have then battened them down and padlocked them up; never left them, and even slept upon their drays until the load has been delivered at the Port; the weight at the Port, has shown the error at the mine; the Directors and their semi-professional Secretary have stopped the whole of the cartage for the alleged loss. I know other cases where three drays in company, one of them protested against the weighing of his load, as the quantity appeared to him small. He was refused any other means (than the steal trap) of re-weighing it. On his arrival at the Port, an error appeared of 8 cwt. Himself and his two mates volunteered affidavits that no loss had occurred, or could occur from the precautions taken. These three men me known to me; two of them are consistent members of Christian churches, and for either of them, had I the means, I would be bound for a large amount. Yet with all the representation made of the care used, and the moral certainty of error in the well-known inaccurate ‘steal trap,’ the Secretary refused to pay the driver. Now, Gentlemen, mark the liberality and justice of the Board. Other cases occur where the weight has been in the driver’s favour us much as 15 cwt. in the load. In the case of alleged loss they have made the driver pay for loss, or rather alleged loss. But do they, in equal justice, pay him 10s per cwt. for the excess in their own weighing? No. Then, with the Burra Directors, what is sauce for the goose is not sauce for the gander. In the name of all that’s just, if the weighbridge at the mine is not intended to rob the driver, why then not pay him for the excess, as well as mulct him the deficiency!
Now, Gentlemen, have I made out our case—If so, let my brother whips knock off driving until some new and equitable arrangements are made. What I want for us is the honest thing.
1st—A true telling weighbridge.
2dly—A deduction on real loss of the carriage price only.
3dly—For the three spring months of October, November, and December, £3 per ton for the ore of 20 cwt. to the ton. £3 10s per ton for the three summer months. And £4 per ton the six winter months; with half these prices for back carriage.
I think this a rational and a moderate advance, warranted at once by the severity of the labour, and the cost of accident, and if this proposition is not cheerfully assented to by the Board, I for one shall knock off, and turn my bullocks into beef, or go to the Reedy Creek and other mines.
One word to my brother-whips. Stick to it, lads. Its right and just. Stick to it. Don’t yoke a beast after the first of November, until these arrangements are fully made. Meet at the Stone Hut. Let us who have horses take care of the bullocks of those who have none. Let us be all sober, and show the colony that we, bullock-drivers, can do something besides drink grog and ‘talk bullocky.’ Show, I say, that we have shrewdness to perceive and the will to enforce that which is true and right. Shall the Directors, who by a turn of luck, by a ‘happy accident,’ have been whipped round from ‘clowns to gentlemen,’ shall they twist us round their little fingers as they like! Let us show them that we can talk as well—write as well—and, if need be, fight as well for our rights, as any of the ‘snobs.’
I am, Gentlemen, and Brother-whips,
Yours, Teamster.
The road to the Burra Burra, October 7th, 1848.

DRAY LAWYER’S LETTER

ORIGINAL CORRESPONDENCE.
[Advertisement.]
TO THE EDITOR OF THE “ADELAIDE OBSERVER.”
Mr Editor—We regret very much to see the continued advertisements by your contemporaries of the specified rate of wages, for the future working of these mines. We hereby wish to inform the Directors, that we feel justified in declaring that we cannot entertain a thought of again retaking our Pitches or Bargains, unless the Directors shall see meet to grant us our former rate of wages.
We are, Sir, Your obedient servants, The Miners of the Burra Burra Mines.
1st November, 1848.
———
[Advertisement.]
THE “DRAY LAWYER’S” LETTER.—(No. 1.)
TO THE EDITOR OF THE “ADELAIDE OBSERVER.”
Mr Editor—I have noticed in the ‘South Australian’ a letter, dated October 17, concerning some Dray-Lawyers who are said to be busily inciting the carters to strike against the gentlemen shareholders of the Burra Burra Mine. I can tell those gentlemen we are determined to strike, whether it be for good or for harm. In the first place, we wish to have an alteration at the Port, because we do not mean for the time to come to allow their officers there to tell us, that if we do not stack the ore where they want it, we shall not receive our cart-notes; or if we do not, that we shall not be loaded again at the mine. They likewise tell us, that it we do not take back loads at one pound five shillings per ton, we shall not get another load down from the Burra. I have been told by some fifty or from that to one hundred men, that they have been told the same at the Port; and some of them continue to load under false names on this account.
The Burra Burra officers tell the gentlemen bullock drivers in plain terms, after fleecing them of ten shillings per hundred weight for copper ore said to be lost on the road, that their services are not wanted—that there are plenty to do their work without them. Now, then, I ask, What would the Burra Hurra people have been but for the poor slaving bullock-drivers? I think some of them would have remained counter-jumpers still. How have they used Chace, who sold his all to work for work for (sic) them? Now, they say, that the draymen, by striking, make matters a great deal worse; but the Dray Lawyers will show them that they wish make matters much better, and know how. We mean to tell them, in plain terms, that we intend to draw no more ore at 120 lbs. the cwt., instead of 112 lbs. No, no; we do not mean to have any more extra eight pounds to each cwt. If we cart again, we mean to have the fair thing—112. I say it is no wonder that our bullocks knock up and our drays break down. This over-weight I consider a dead robbery. A certain Editor says the proprietors can well afford not to raise another ton of ore for the next twelve months; and the bullock-drivers say they don’t care if they don’t raise another ounce for the next ten years, if they don’t reduce the weight and raise the price. The same sapient Editor goes on to say that a strike would be a great deal worse for the draymen themselves, because they will more speedily lose the whole of the cartage of ore from the northern mines. The ball-punchers smile at this, and say it’s all fudge. The same wise Editor mentions a road to Gulf St. Vincent, which it is expected will save one-third of the cartage. He mentions, too, a tram-road over the worst parts of the road; in this way, he says, the whole of the cartage may be done in the summer months by half the present force—and that force the property of the Company. Let them provide that force, I say, and they will soon find that £3 will not pay for every pair of rails the length of my dray. As to “putting up a sawmill in a dense gum forest to be found in a convenient position;” for my part, I have travelled South Australia over, without seeing any such a forest.
I know that on the line alluded to, there is nothing but a dense pine forest through which the road will have to be cut, and in that country there are dense sands also, over which the best eight bullocks in the colony will not draw one ton ten hundred, when it comes to be cut by dray tracks. The water is so scarce, that I would not undertake to walk from Skilligolee Creek to the Gulf for £20. ”The Intelligent Settler” I had a mind to take no notice of, because I think him a downright fool, as every other person of common sense must think, when he talks of a tram-road through the Murray scrub (sixty miles, to my knowledge, without a drop of water), and covered with a dense scrub and hungry sand that a crow would not not (sic) live on. As for his scheme of the “flat-bottomed boats,” it is absurd, and it marks him for a downright madman when he talks of changing for the sea-mouth of the Murray, a canal to be dug from “the Goolwa” to “the Knob.” He would not find there a stiff, sturdy soil, but quite a sandy one, that would require piling, planking, and puddling. Reedy Creek mine is but twelve miles from the Murray river; why don’t those proprietors talk of adopting such plans? No! no! they know it is “no go.” Who can say “The Intelligent Settler” understands the subject he treats of? I condemn both him and his plan, because there is neither sense nor judgment in it, and he does not know nor understand the nature of the intervening country, or of the river itself. I wish him to understand that there is one of the Dray Lawyers who knows the country and the river he talks about, and has travelled more miles through the Murray scrub than “The Intelligent Settler” has travelled yards, perhaps.
One word to my brother whips. Stick to your text, lads! Don’t be frightened by a talk about tram-roads, fiat-bottomed boats, or canals. It is all “bounce.” Remember your plighted words, and stick to them. Stop at home, and show the Burra Company you are independent of them. Remember, your Captain’s flag is flying at the Sod Hut. All you that have horses, stop at home; and you that have none, come under the flag and let us show the colony that we are determined to salt our bullocks down, and, if necessary, to eat them, horns, hoofs, and all, rather than submit to “work for nothing and board ourselves.”
I remain, Mr Editor, and my Brother Whips, Your humble servant, DRAY-LAWYER
Sod Hut Hill, 27 Oct., 1848.
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THE “DRAY LAWYER’S” LETTER—(No. 2.)
TO THE EDITOR OF THE “ADELAIDE OBSERVER.”
Mr Editor—I have just seen it stated that Chase the Dray-Lawyer is a discarded servant. It is true that I have not drawn copper ore from the Burra for the last two months, and for what reason? Simply because I would not take two tons of goods to the Burra in the middle of the winter, at £2 per ton, at a time when £8 per ton or £9 per ton could be obtained. At the very time I refused to take the load alluded to, for the Company, I had a load upon my dray for the Belvidere mine at £4 per ton (for a distance of sixty-two miles only). The “Lawyer’s Quill-driver,” that was, had the impudence to tell me, a “Dray-Lawyer,” that unless I would work for what he thought fit to give me, I should not work for his Company at all; and that he would send word to the Burra to that effect. I can assure you, Gentlemen, he did not forget to do as he had threatened. I delivered my load at the Belvidere, and proceeded to the Burra; my mates persuaded me to get a load under a false name, which I did, there being a stranger at “the Steal-Trap.” As soon as I drove off the trap, however, I made myself kuown. The stranger said he was not aware of who I was, or I should not have had my load. I told him to make it known to Mr Burr and the officers of the mine. I then saw Mr Burr, and he told me I had obtained my load in a very underhand manner, which I freely admitted; but told him that I never intended to take it off the mine under those pretenes (sic), as some fifty or sixty others had done. My object was to show my pluck, and then to throw off the load, and so I told Mr Burr. He then said there was no occasion for any such thing ; that, as I had it loaded, I could take it, but that I was not to return in expectation of obtaining another load, for there were express orders from “the Ring-tailed Rover” to that effect. Mr Burr told me that I should have studied my own interest and preferred a permanent employment to any uncertain thing; but I thought differently. I knew that there were some thousands of tons of ore at the Burra that was not worth half-a-crown per ton, if it continued there; and my motto is, “Work where you get best paid.” However, I arrived in due time with my load at the Little Para, where I saw some of the Directors and Barney McNasty with them. When he made bold to ask me my name. I declined to answer, and he then turned to the Directors and said, “This is the chap I told you of, who obained (sic) his load under false pretences; but I’ll take d____d good care he shall not be paid for it.” I told them “if the next day proved fine, I would take the load to the Port whether I got paid or not, for I knew they wanted a little money to balance their [?] knives with.” However, I got paid, Jemmy Dash[about] not being there. After this I loaded at the Port [with] potatoes, for Mr Lucas, at Bagot’s Mine, at two pou[nds] ten shillings per ton; after which I proceeded to [the] Burra, where I got saluted in the following terms: Chase, what do you want here? Copper, was [my] answer; to this the “steal-trap” man replied, you’ll [not] be loaded here! You have done us, once, but you’ll [do] us no more; you may return as you came. Now, Gentlemen, I think I can sue the Company for the expense of that journey, for reasons which you can see perhaps [as] well as I. However, I went to the “Princess Royal” Mine for a load, and took thence 1 ton, 15 cwt., 1 qt., and 3 lbs., of copper ore; with which I arrived in due time at the Little Para, where, as luck would have it, I again saw Jemmy Dashabout and the Directors, returning from the Burra, just after the strike. I told Jemmy that I thought there were strange doings at the Mine. How is that, Chace? asked Jemmy. Why, said I, they hunted me off the mine; they would not allow me to approach “the steal-trap” within some hundred yards, let alone giving me a load of copper. Jemmy then looked rather down, and said, who did so? My answer was, the officers at the Mine, by your orders, and you cannot deny that you sent them. He asked, What did you do then? I came away without it, was my reply. Is it possible you came down without a load? asked Jemmy. No, said I, I went to the “Princess Royal” Mine. Where I got my load now, I can get another. Jemmy replied, “Well, Chace, I consider you have been punished sufficiently; hold your tongue, go to your work, I will settle all little differences, and you shall be loaded again the same as ever.” What my answer was I well remember. I told them “that I had been badly used, and I would work for them no more.” On what authority then does the Editor say I am “a discarded servant?” If I am a discarded servant, I discarded myself. I wish that for the time to come, the Directors would place some steady man at “the steal-trap,” one who would pay attention to his duty and not keep gentlemen bullock drivers waiting, some of them, two or three hours, before they can get weighed, as I can testify. They have so kept me and others too, many a time, and when we have happened to say a word about it they have set up their bristles like fighting monkeys and coming it strong have asked, Do you think we have nothing to do but to wait on you? Mr Bamboozle is as great a band at this as he is at judging logs and slabs. Only fancy, Gentlemen, a quill-driver laying down the law about logs and slabs. This same quill-driver knows as much about logs and slabs as Cardinal Richelieu.
Now, the thing I wish my backbiters to know, is, that I am the Captain of the Burra-road, and being held in great esteem by the gentlemen bullock drivers my testimony in such matters goes a long way, as the number of drays loaded at the Burra, lately, sufficiently shows, and within one week from this date, none will pass the line laid down.
I reman, Mr Editor, and my Brother Whips, Your humble servant, DRAY-LAWYER.
Sod Hut Hill, Oct. 27, 1848.
———
THE BURRA BURRA CARRIERS’ STRIKE.
TO THE EDITOR OF THE “ADELAIDE OBSERVER.”
Sir—By the last papers I have here, I find that my assertion in my previous letter to you as to the increased prices of the articles of consumption at the Burra Burra Mines being 40 per cent. over Adelaide prices are attempted to be contradicted. Meat and butter are the same as at Adelaide; but take the whole cost of living, the price is 40 per cent. above Adelaide prices. I state this authoritatively. Every article, except dairy produce and butchers’ meat, has to be brought 100 miles by land. This alone must of necessity raise the price, and most consumable articles are highly damageable and perishable from the summer’s heat and winter’s rains; and must and do receive a large deterioration in quality and quantity from being weather-wasted. Hence the increased cost.
The last news that we got here was, that the Burra Directors (brave and honourable men!) had commenced nine (9) separate actions against you for defamation, &c. At first I laughed at it as a good practical joke to frighten us. I would not believe that they (the Directors) could betray so little, so very little knowledge of the world, as to think that the country would allow, that one board or body of men should, for one alleged libel, enter nine separate actions! Bah! The stupidity of the thing makes one sick. The very fact of nine actions being raised, on one ground, would make every juryman in the country cry “Not Guilty,” and every woman cry “Shame!” on that ground alone.
So the Directors think that they, great men, will imitate another great man, and do in law as he did in battle—precipitate upon one point, shock after shoek (sic), to make sure of destroying it; and instead of one Director measuring himself in an action-at-law with you, Sir—the nine, the noble nine, must have at you all at once, aud not even show the magnanimity of boys at school; for even there, in my boyish days, it was one down and another come on.
The venerable Bede tells of one Saxon that kept the pass of the river “Rother,” who, single-handed, slew sixteen Romans. I blush for the chivalry of our times, that these men should call themselves Saxons, and so ingloriously imitate their fathers, that the fight must now be, not 1 to 16, but nine to one. Well did Burke say—
“The days of chivalry have gone by.”
Never fear, Sir. The “Teamsters'” will bet 10 to 1 on you, and if these brave men will come to me at the “Sod Hut,” I’ll give them a good breakfast first, and then a d____d good hiding afterwards.
Nine to one; is that English fashion? It is not justice that tbey want, but vengeance. But all passion in excess defeats itself. It is the malignity of the Devil that causes him to overshoot his mark. And do the Directors think that it is the temper of Englishmen to see any one man crushed by the aggregation of malice and wealth? Was there ever an instance of a government obtaining a verdict from a jury whenever two actions were instituted for one offence? No; and do the Burra Directors think they will get it by multiplying their actions into nine? Pshaw! The stupidity of the thing is worse than its malice. It is as Talleyrand said of a stupendous folly—
“A blunder worse than a crime.”
The “Teamster” said “you should not stick for a pull or a pound any day of the week.” Mine is ready, and I dare say that my 500 brother whips will be equally ready to defend their defender.
The last news we heard was, that the Directors had pre-determined not to give us the advance asked for carting ore, &c. Now we have asked this thing civilly; but we mean very coolly to make them do it. To shew (sic) them that we have not been groggy on our board days, we have already exhibited the data up on which our claim is based, and we will now show them the facts upon which our resolution is founded.
1st.—We know that they cannot help themselves, because their ships at the Port are already on demurrage.
2nd. That they cannot do without having the ore brought down, because their account is overdrawn some £40,000 to £50,000, and this too is the statement of one of their wise men, made confidentially to a hundred persons. Query, was the confidential communication made to depress the shares, that the wise man might buy in at £100 what he had sold out at £200? How honest in a Director to reveal the state of the Company’s account in order to operate to his private advantage! How eminent the morality of the godly man! It is paying the tithes of mint and cummin; putting pence into a missionary box, and devouring widows’ houses. Lord Cochrane was kicked out of the navy for being supposed to have done a similar thing in the British funds; and are not Burra Shares our Australian C[onso]ls?
Now then, Messieurs Directors, will you give the drivers the advance we want? Ay or no. Will you give us the honest day’s pay for the honest day’s work?
The “Teamster” will shew (sic) you that he can drive his pen as well as his team, and when he chooses to lay on, he can make you wince at every stroke, and if you want breaking in, he will give you butt aud lash until you draw true and pull straight. So then you say you will not grant us the £3 10s. for the summer and £4 for the winter. Ay, you will not. Now listen while I tell you a story. A certain monk discovered that antimony was very good for pigs; and he argued that what was good for a pig, must be good for a monk. He supped and died. Take care that antimony does not equally poison your prosperity.
You will not give us the advance, eh? Then how will you pay the next dividend without the ore at ship? Unless you ship, you cannot draw against the bill of lading; if you do it by borrowed money, you will do it by pursuing the usual prelude to bankruptcy; if you don’t do it, you will stultify yourselves; by having declared that you did not care for the miners, for that you could continue to pay the same magnificient dividends for two years to come, without raising more ore. Can you do without the Teamsters? I leave you on the sharp horns of the dilemma.
Teamster.

THE TEAMSTER’S SONG

THE TEAMSTER’S SONG.

I crack my silken thong,
As I drive my team along,
And sing this new-made song
Along the Burra Road.

I find it does not pay
To travel all the way,
For six half “Bob” a-day,
On the Burra Road.

So, I’ll pack up all my traps,
And tumble off perhaps,
With lots of other chaps,
From the Burra Road.

For they do us, at the weighing,
And bully us, while staying,
By stacking and delaying,
When we are at the Port.

If we venture to complain,
They’ll do just so again—
So, we must all refrain
From drawing Burra ores.

We’ll turn our bullocks out,
Or take another route,
Or put them up the spout—
Ere we draw another load.

They shall not sauce and prate,
But give us a just weight,
Or they shall have no freight
Of Burra Burra ores.

The boasters shall be whiners.
Who said they’d pay the “shiners,”
“Independent of the miners,”
Or of the bullock-drivers.

Now, we’ll see what you can do.
Shall the many, to the few,
Stoop to the snobby crew
Of the Burra Board?

TEAMSTER’S THIRD TIME OF ASKING

“TEAMSTER’S” THIRD TIME OF ASKING.
Gentlemen—I find by the press that the people of Kooringa have summoned a meeting at their end of the world to take steps to shield the press from the attempted ‘coup de etat’ of the Burra Directors. I say—Well done, men of earth! Emerge from your subterranean labyrinths, and let the world know, that the electric light of liberty pierces the deepest recesses of the darkest mine, and illumines her worshippers with celestial ray, though embowelled and dwelling in the womb of earth! Come forth, and from your rocks and your caverns —
‘Drink the spirit of the golden day, And triumph in existence.’
And shall the men of Adelaide be idle? Will they stand by with vacant stare and folded arms while the freedom of the press is endangered by a conspiracy of nine or ten rich fools, against one man of moderate means—who dares to ‘speak the truth and lie not?’ Will they see the pack hound their prey with the remorselessness and severity of bloodhounds? No. Up and be doing, then. Let every man, from Dan to Beersheba, come to the gathering; and let the clearest-headed, strongest-minded man of the men (of the working men) hold the reins and guide the discussion. Let the questions be mooted —
1st. Is the conduct of the Burra Directors to the ‘Register’ and the ‘Observer’ papers—is it an attempt to gag—to burke the press?
2nd. If so, will the people of South Australia consent to the death?
3rd. If not, what will they do to parry the blow?
Let the men of South Australia remember, that our Governor is not responsible to us, that our Council is not responsible to us, our Judge is not responsible to us, that we are governed from afar; and that the only thing that really represents our wants, our wishes, our feelings, our interests, is an independent press. It is the only and the sacred palladium of our liberties, and if we allow that to be stricken down by the hand of avarice and wealth, we are, and deserve to be bondsmen indeed.
The press—a free press is the Alpha and Omega of our liberties; without it, we shall return to the dags of the burning share, and coarsened morsel—with it our ‘progress if not infinite, is at least indefinite.’ Is it to be thought that because we emigrate we retrogade, and that in a land of plenty we shall sell our birthright, the liberty for which a
‘Sydney bled, a Russell died?’
The ‘Mining Journal’ (par excellence), of Saturday last, in an elaborate article, notices the miners, the teamsters, the ‘Register,’ and the strike. The article is better cooked than the usual ‘ordinary;’ indeed it is so well roasted that we think it done ‘Brown’. The patriarch of our colonial press condescends to notice the poor ‘Teamster,’ and he as has the Teamster will measure strokes with him, and ‘break a lance in courtesy.’ Humble as may be the position and the employment of the ‘Teamster,’ he is not afraid of this colossus however brilliant his genius, however subtle his craft.
Now, then, ‘Honest George’—Your honesty is not of necessity equal to your sagacity. We admire the tact with which you can and do seize on the portion of an argument that makes for your case. We equally admire the tact while we abhor the disengenuousness (sic) that evades the portion of a fact that makes against you. Of such is your denial that ‘there are not any vessels in the harbour on demurrage.’ At the hour at which you wrote you might possibly deny it. But you well knew that at the next hour, or a few hours after, at most, if not at the moment, that the ship ‘Harpley’ would be on demurrage, and that the ‘Emperor of China’s’ demurrage would shortly begin. Your denial, Sir, was not a literal falsehood, but is it not the spirit of a lie—the subtilty (sic) that—
‘Speaks the word of promise to the ear And breaks it to the hope.’
Again. You say ‘that the charge of oppression against the directors is one that should never have been made, and is the last that could be substantiated.’ The ‘Teamster’ begs to maintain that there is oppression in the fact of the Directors compelling us to take twenty-one hundred weights, and in paying only for twenty hundred weights; there is oppression in having an incorrect weighbridge—for whether the incorrectness is by accident or design—the result to us is equally oppressive; it is an oppression, and no part of our bargain to make us stack the ore at the Port in the Company’s sheds; it is an oppression to compel us to take their back loading at a fixed price of 25s per ton (when we can get more from others) under pain of no loading at the Mine.
You say that ‘the course we (the Teamsters) are at present pursuing must be fatal to ourselves.’ True—tho’ not in the sense in which you assert it. The continuing to drive at a loss—at the present prices must prove fatal. To prevent that result—the Teamsters have stopped—and you can neither frighten nor flog us on again.
You tell us that the ‘system of hired carriage will be abandoned;’ in other words that the Directors will team themselves. That which you intended should alarm, delights us, we shall find purchasers for our drays and cattle—(mine, Sir, are for sale). Gratify us, Sir, still further by telling us when the Directors are to be in the market. You choose, Sir, to sneer at us as mere bullock drivers. There are men among us handling the whip, who are of sophister standing. Do you think that your sneers will derange their digestion or disturb their repose?
You talk of us and our strike, in the language used by newspapers when speaking of and lecturng Manchester operatives, in illegal combination. Poor devils; they strike for another slice of bread and another ounce of tea. We understand the inuendo. We are not of the same status as the mere labourers. Every team costs us from £80 to £110 each, and some of us have six or seven teams; we are therefore capitalists to the extent of the value of our teams; and we have a right to insist on such a rate of cartage as shall give us something more than labourers’ wages for ourselves and men—with 40 per cent, for the capital invested on the cattle, &c., 20 per cent. or nett interest, 20 per cent. to replace. The Burra’s, at present price, yield 30 per cent. Why should our capital yield less?
You speak of the Teamers’ trade in a most patronising way. You say that ‘it has raised us from poverty to wealth and abundance.’ Dear me! Your capital, your mine, has raised us poor outcasts from poverty, &c. You insinuate that we are the obliged parties. Your humanity, your charity, your capital has given us employment. We will put the boot on the other leg, if you please, Sir. We have raised ourselves, and lifted you to your present position. In sober truth, what could you do without the capital (as well as the men) invested in teams? There are more than one thousand teams, costing £10,000, on the road. You talk of doing without us. Can you create, or can you break in 8000 steers by magic? There is enough for you, ‘Honest George.’ The next time you drive against us for bread, we will give you a ‘Stone.’ We will talk to you of the ‘Buffalo’ and ‘ Rio.’
Messieurs Editors, once more let us repeat our argument and have done with it. We say that the labour of the teamster is the most exhausting, life wasting employment in this country; and that it is not adequately paid. We will prove this by reference to two well-known attempts at the road. The Messrs Fishers, the well-known stock managers, placed six teams on the road, and after giving it a fair trial, gave it up, because it did not pay. The Hon. Jacob Hagen (it is understood), under the management of one of our oldest and best teamsters (Mr Stewart), spent £900 in drays for the road—tried it to the Burra—and did not get interest for his money, and gave up the Burra road; but finds that it does pay in going to other mines and to the ‘Tiers.’
If any man should be paid extra for, his labour, it should be the bullock drivers on the Burra road ; for he, to use the earnest and dignified language of Scripture, does indeed ‘eat the bread of care.’ When he begins his journey, can he calculate its termination? One night he looses all his bullocks; the next a pair; now his near-side leader is gone; then his off-side poler is away. One time he strains his axle, another breaks his pole, and perhaps, just as he finishes his journey, a hot wind sets in, and then one or both his tires comes off. Are not these the common facts, the daily experience of the trade? Does not the driver ‘eat the bread of care?’
There is close by me while I write, a farmer teamster with two empty drays and six bullocks, having lost other six, and been five weeks on the trip, is returning home with empty drays, leaving his load on the way-side. If it were any use, I could multiply facts of this kind without end.
Messieurs. Editors—Let us touch up the directors and we have done for the present. They have had the luck of it. It is said to hs the property of luck to exalt the low and amplify the little; are they determined to burst with their own importance ?
What have you been Messrs Directors? Journeymen, carpenters, hucksters, pawnbrokers, picture-frame makers, &c., &c. You are now rich, very rich. Bear your blushing honours with a modest grace; do not longer make yourselves contemptible, a Guy Fawkes for school boys. Look at yourselves—you are rich—yes—are you great or good? See—a couple of you Brummagem men arrived here some ten years ago, opened a shop, sold bacon and treacle, saved money, got into the Burra and built a palace in which to sell sugar and matches. Would the wealth of a Rothchild make you gentlemen? You still live cheap—dine off a red herring and a radish. May be you abstain from the common consolations of our nature for the same reason, a wife is expensive. What society owns you for its patron? What church calls you its pillar?
Shall I go on with the sketch ? Take care that Lancashire does not imitate in you what Gloucestershire has already done in John Wood, who spent a long life in amassing 1½ million of money. A few years previous to his death he permitted himself to spend £1000 a-year, principally on his garden for himself; the fruits he could not eat he wasted, because his garden was for himself alone. So that the health of 80 years, and the energies of an indomitable will were applied to, or rather ended in supplying a few grapes for his mouth! He has gone to his account, and if I read his fate aright his thirst will be assuaged only by being compelled to quaff draughts of molton gold—
The wretch concentered all in self,
Living shall forfeit fair renown;
And doubly dying shall go down
To the vile earth, from whence he sprung,
Unwept, unhonored, and unsung!
The Teamster has drawn a faint outline of some two or three of you, in sober tints and enveloped in appropria[t]e drapery. If need be he will shew (sic) you naked to the world. The next time he exhibits he will throw out in bold relief a profound shade—the gentlemen whom the ripe scholar Marcus Collinson baptized with the unenviable sobriquet of the ‘Tipperary ruffian.’ We will introduce him on the stage with the sardonic grin, and the brigand scowl. We will shew him from the elf lock to the cloven hoof. Need the Teamsters dare for such men as these? The common question on the road is, ‘Is there one gentleman among them?’ Yes, there is one. Captain Allen was and is a gentleman, a just payer, and a liberal employer of labour; whose hand is open as the day to melting charity—’but has the little leaven leavened the whole lump?’
We have ‘seasoned our admiration’ with a little ‘Attic salt,’ just to give a relish and piquancy to our fare. It depends upon your future conduct whether we give you any more sauce. You, the Directors of the Burra, have got the best horse, the Highflyer of the colony—you have been taught only to jump the counter and so the steed has bolted with you. Shall I take you in training for a while and teach you how to curb, and then apply the ‘scourge and steel?’ If not, you like ‘beggars on horseback, will ride to the devil.’
You have the Golden Fleece—do you want any more Burrs to stick in it?
This shall be the last time of asking—and I ask you again for the honest day’s pay for the honest day’s work. I ask for self and mates for £3 10s the summer, and £4 the winter, with £3 per ton back carriage. You call yourselves men of business. Look at the thing as a question of business. Calculate the loss, the wear and tear, the deaths and expences (sic), the interest of money, the value, the common value of labour, and see if the prices proposed are not the right thing; and if so, do what is right; remember that exact justice, a justice that does right simply and purely because it is right, and irrespective of all consequences, is the highest policy of man. Do justice, I say, and achieve to yourselves a true glory, a glory ‘beyond all Greek, beyond all Roman fame.’
In Camp, at the Para, November 8, 1848.
Teamster.

The case of James Stein

The case of James Stein, of the Wakefield River, Sheep farmer, again came before the Commissioner. This case much resembled the former, except that the insolvent was not absent from the Colony, and the petition had emanated from himself. He had not, however, surrendered to the Fiat, filed any Schedule, or in any way conformed to the Ordinances. A deposition was made of the due service of summons to surrender. No person attended on his behalf. At three o’clock, the Messenger of the Court read aloud a proclamation, warning the parties in this and the previous case to come before the Commissioner. The letter sat till half past three o’clock, but there was no appearance.
We understand that, in addition to any penalty incurred for nonconformity, all the property which may be hereafter acquired by the parties will go to the Assignee, and the petitioner will derive no benefit from the proceeding, but will still remain liable to his creditors. We doubt whether he would be allowed to petition, de novo.

LOCAL NEWS.

The foundation-stone of Messrs Schneider & Co/s Smelting Works, at the Burra Burra Mines, was laid on Monday week, by William Giles, Esq., Manager of the South Australian Company. The Smelting Company have commenced conveying materials by the new route from the head of St. Vincent’s Gulf to the Burra Burra. The road and port have been found practicable, and ores are now conveyed to Port Adelaide by this route.

Supreme Court, Phillipson v. Oakden

LAW AND POLICE COURTS.
SUPREME COURT—CIVIL SIDE.

Wednesday 7th March.
His Honor took his seat at half-past nine o’clock.
Phillipson v. Oakden.
Assumpsit—damages laid at £500.
Mr Fisher for the plaintiff, and Mr Hanson for the defendant.
Mr Fisher, in opening the case, stated that that was an action on special assumpsit, to recover £439 10s 10d, for goods supplied by the plaintiff, Montague Phillipson, merchant, of Adelaide, to John Jackson Oakden, sheepfarmer, of Tadlunga, on the Wakefield, near Mount Horrocks, defendant. The defence he (Mr Fisher) believed would be that the goods were delivered on account of another person, but he would produce proofs—
Mr Hanson offered, to save time, to admit the account, and proceed with the defendant’s case, upon which the whole question for the jury turned.
Mr Fisher consented to that arrangement.
Mr Hanson said his defence was, that the goods were received on account of Mr Stein, who had extensive transactions with the plaintiff, and had mortgaged his estate to him and Mr Bunce, in consideration of an advance of £1700 (which he received on account of wool) and a cash credit at the Bank of South Australia for £1500, for which the mortgagees went joint security. It would be proved that Mr Stein authorised the defendant to act as his agent; and, further, as he (Mr Hanson) was instructed, it would be shown that the large sum of £1500 remained at the disposal of the plaintiff—that all the expenses of supplies forwarded to the estate were charged to and defrayed from that cash credit. Yet they (the jury) had the extraordinary spectacle presented to them that day of a person who had paid himself from funds in his possession before the delivery of the goods, bringing an action in the hope of extorting payment a second time, through the instrumentality of their verdict. If that was Mr Phillipson’s act, it would have been a most disreputable proceeding; but as that gentleman had assigned his estate to his creditors, the trustees had a perfect right to obtain all the law allowed, as they could not be supposed cognizant of the position of the parties. He called
James Bunce, merchant, King William-street, who stated that he went joint security with the plaintiff to the Bank of South Australia for a cash credit to Mr Stein to the amount of £1500. Mr Stein executed a conditional bill of sale. The disposal of the £1500 was left in the plaintiff’s hands. Witness heard Mr Stein tell the plaintiff to attend to the defendant’s orders the same as if he (Mr Slein) drew them himself. Witness had no doubt the supplies sent to the station were on Mr Stein’s account. Had a conversation in May, 1848, with the plaintiff, who then admitted there was a balance of the cash account remaining in favour of Mr Stein, although he (plaintiff) had charged for supplies forwarded to the station. By the station was meant Mr Stein’s run, where the defendant was manager.
By Mr Fisher—Knew that Mr Stein rented the station from Mr Young. After Mr Oakden took the management he purchased about 1500 sheep from witness and plaintiff. They were kept at the same station. On recollection, that was before Mr Stein left. The witness stated that other sheep also were placed on the run for Bunce Brothers and Co., on the same terms as Mr Stein’s, “half the increase and a part of the wool.” Defendant also had sheep from Mr Ellis and Mr Heywood. Witness could not tell how many or on what terms. Defendant continued to manage since Mr Stein’s insolvency, in May or June, and witness furnished the supplies to the station since the plaintiff got into difficulties in May last.
By Mr Hanson—Bunce Brothers & Co. took possession of the station under the mortgage. They had to pay to the Bank £1400, nearly the whole amount of the cash credit. Mr Stein’s insolvency took place after the plaintiff ceased to supply the station.
Thomas Moulden, clerk to Bunce Brothers & Co., stated he made out the account produced at the plaintiff’s request, from a queer-looking paper written by Mrs Phillipson, which contained, among other items, one of a loan of £200 to Mr Levi, and from vouchers handed to witness. The account produced was headed “Cash paid by Mr Phillipson on account of Mr Stein.” It showed a balance of £800 in favour of Mr Stein. The plaintiff said he had supplied stores to Oakden to the amount of £400, which should be deducted from that balance.
By Mr Fisher—That paper was but the rough draft of an account, which, owing to Mr Phillipson’s neglect, was never completed; but he always admitted there was a large balance in favour of Mr Stein. The five letters produced were from the defendant. The station belonged to Mr Young. He (witness) had lately seen a bill for rent paid on Mr Stein’s account. Could not say whether it was for 1847 or 1848. It was a three months’ bill, and but lately due.
That was the case for the defence.
Mr Fisher wished to put in a letter from Mr Stein to the plaintiff.
Mr Hanson objected. He began his case on the distinct understanding that the account was admitted. If any proof were now put in, they would have to prove every item.
His Honor certainly was of opinion that Mr Hanson’s admission and opening of his case were on the understanding that Mr Fisher would deal with the defence alone.
Mr Hanson then put in the mortgage-deed of Stein’s station, sheep, &c., to M. Phillipson and J. Bunce, in consideration of an advance of £1700 and a cash credit of £1500. No. 2. Instructions for the preparation of the deed. No. 3. The account referred to in the evidence of the witness Moulden.
Mr Fisher, in reply, said the question for the jury stood thus:—Was Mr Oakden to derive all the profit and advantage of the station, and was the estate of Mr Stein to be saddled with its expenses? And not only the expenses attending the sheep mentioned in the mortgage deed, but also the sheep proved to have been sent on the run from Messrs Hayward, Ellis, and Robertson. He (Mr Fisher) would trouble the jury with a few of the letters received from the defendant. He would also call attention to some of his orders transmitted to the plaintiff, which were quite conclusive, and would, he was convinced, establish his case to their satisfaction. Here the learned gentleman read a letter from Mr Stein to the plaintiff, dated January 21st, 1848, stating that there remained about £200 station accounts, which the defendant would draw as they fell in, &c., &c., and finished with these words:—”This, my dear fellow, will settle my liabilities; and with many thanks for your kind and liberal conduct, &c., &c., &c., J. Stein.” Five letters from the defendant were read, on the subject of stores, the reception of sheep, and the terms charged; and urging attention to an application for an occupation licence for J. J. Oakden, in succession to J. Stein. Mr Fisher also called attention to the wording of the orders—some were absolutely the defeudant’s own, others signed for Mr Stein. He (Mr Fisher) had not the privilege of examining Mr Phillipson, nor could he produce his books, although the other side could call for them it they pleased. He had nevertheless produced the very best possible proof such a case was susceptible of—the defendant’s handwriting; and he had no doubt he would receive at their hands a verdict for £439 10s. He called
William James, Clerk to the Commissioners of Crown Lands, who produced an application from John Oakden for the renewal of a licence for 1848, granted in 1847 to J. Stein.
Mr Hanson could not tell what impression his learned friend’s very long speech made on the gentlemen of the jury; but he did know that the feeling predominant in his (Mr Hanson’s) mind was, that it was a most laborious attempt to bolster up a hopeless cause. His (Mr Hanson’s) first duty would be to clear up the relative position of the defendant, which his friend had obscured considerably in the course of his remarks That the defendant might be accountable to somebody, he (Mr Hanson) would not deny; but most certainly that person could not be the plaintiff. The learned gentleman ran rapidly through the facts disclosed in evidence, contending that the defendant was placed on the property merely as the agent of the mortgagees; and he put it to every individual on the jury if they would not use the same expressions in their letters and orders if they were agents on an estate like the one by which the counsel for the plaintiff sought to prove the defendant a principal. The property of Mr Stein was mortgaged to the plaintiff, who for his own security placed the defendant there; yet at the end of the year he turned round on his servant, and said, “you must pay for the things you have ordered for me.” But it must be clear to the jury that the things were not supplied on the defendant’s account, and that the plaintiff was paid for them before they were delivered. It had been observed that the books of the plaintiff could have been produced for tbe defence; but it was doubtful if any books existed previously to the assignment of the plaintiff’s property—for it could not be forgotten how difficult it was for the witness Moulden to procure date for the account which was put in; detached vouchers, and a queer paper written by Mr Phillipson (a laugh), were all the books then known to exist; and if others were afterwards fabricated, it would have been a most convenient opportunity to frame them one way or another. He repeated that, were that the action of Mrs Philiipson, it would be discreditable to him, because it was a dishonest attempt to extort money; but the case was different, if the action was brought by the parties to whom it was said Mr Phillipson had assigned his property. They might have been ill advised; but had a perfect right to improve the estate, if they thought third parties were liable. Had he (Mr Hanson) put Mr Stein in the box, he could prove nothing for the defence. The deed, the last and best witness, was put in. On that they stood; and the preliminary conversation, which alone he would detail, all merged in that. Besides, it was shown he was living on the borders of the colony, and it would have been cruel to put him to expense and trouble, when his presence could be so well dispensed with. He thought it scarcely possible to put a case in a clearer light than the evidence produced placed that of the defendant, for whom he looked confidently to them for their verdict.
His Honor summed up. Whenever a promise was made, the law implied a consideration, and that would bring them to the consideration of the material issue in that cause. The defendant did not deny the orders nor the delivery of the goods—so far there was a prima facia case for the plaintiff, and they had next to consider the defendant’s answer. By the general issue he denied the promise, or that he had received the benefit by which the law would assume a promise. Did he receive the goods simply as an agent? If so, the law would not hold him accountable. His Honor directed the attention of the jury to two considerations—first, the plaintiffs position and knowledge of the case; and secondly, the defendant’s position. His Honor was about to conclude an elaborate charge; when
Mr James requested that the evidence might be read.
Several jurors protested they did not require such a proceeding,
Mr James then asked his Honor to read a portion of Mr Bunce’s evidence.
His Honor read it all, and remarked he could not in that perceive a change of credit.
The jury, without hesitation, returned a verdict for the defendant. …

Act Regulating Sale of Waste Lands

GOVERNMENT GAZETTE NOTICES.
NOTICE.
Colonial Secretary’s Office, May 2, 1849.
The Public Offices, Victoria-square, will be closed on Monday next, the 7th instant.

PROCLAMATION,
By his Excellency Sir Henry Edward Fox Young, Knight, Lieutenant-Governor of her Majesty’s Province of South Australia, and Vice Admiral of the same, &c.
In pursuance of the authority in me vested by a certain Act of the imperial Parliament of Great Britain and Ireland, passed in the fifth and sixth years of her Majesty’s reign, intituled “An Act for regulating the Sale of Waste Lands belonging to the Crown in the Australian Colonies,” I do hereby notify and proclaim that, at eleven o’clock on Friday the 8th day of June, 1849, at the Court house, Adelaide, the following portions of Crown Lands will be offered for sale by public auction, at the upset price affixed to each lot respectively, on the terms and conditions, and under the provisions of the above recited Act. Deposit, ten per cent.:— …

Upper Wakefield Special Survey

Upper Wakefield Special Survey.
On the New Road from the Burra to the New Shipping Place at the Head of St. Vincent’s Gulf.
THE proprietor is disposed to sell portions of this fine survey, and has instructed Mr Jacob to make the necessary surveys; and Mr Jacob, when on the Survey, will mark out what may be required by different purchasers at the proprietor’s expense. All parties wishing to purchase land are requested to apply to Mr Young or Mr Oakden, on the Survey; Mr John Saunders, at the Burra; Mr Jacob, Moorooroo, or, in Adelaide, to
Mr H. GILBERT, Solicitor; Or Mr G. F. ANDREWS, Land Agent.
A township will be laid out in the most commanding and eligible situation. There is abundance of feed for bullocks, and also of water.