The Mayne Inheritance

  Rosamond Siemon was born in Boonah, Queensland, in 1921. She was educated at St Margaret’s, and obtained a Ph.D. in history from the University of Queensland. She served in the Women’s Auxiliary Australian Air Force, and was a current affairs broadcaster with ABC Radio and a Radio Australia correspondent 1955–72. She served on the Oriental Studies Society, and the Co-ordinating Committee for Overseas Students in Queensland and was the Singapore government’s student liaison officer in Queensland. From 1972–81, she was the Alumni officer at the University of Queensland, and is an elected member of the Convocation of the University of Queensland. She lives in Brisbane.

  For my mother Annie Sarah Nunn

  whose enthusiasm for the study of history

  inspired my similar interest.

  Contents

  Acknowledgments

  Preface

  Mayne Family Chart

  Chapter 1: A Profitable Murder

  Chapter 2: Ireland to Australia

  Chapter 3: Law Courts & Land Deals

  Chapter 4: Consolidating an Empire

  Chapter 5: In and Out of Council

  Chapter 6: Life in Queen Street 1860–1865

  Chapter 7: Crisis After Crisis

  Chapter 8: Out of the Ashes

  Chapter 9: A Family Ostracised

  Chapter 10: The Tobita Murder and Its Aftermath

  Chapter 11: The Burden of Inheritance

  Chapter 12: Maynes and the University of Queensland

  Epilogue

  Sources

  Acknowledgments

  During the two years’ research and writing of this history I have been greatly encouraged by the unflagging interest of Betty Crouchley, without whose helpful comments this would have been a lesser book. I am also indebted to the Registrar of the University of Queensland, Mr Douglas Porter and the Trustee of the Mayne Estate, Mr John Moore.

  In my search for the truth a great many people kindly provided leads to be followed. I would especially like to acknowledge the generous assistance of Fr Martin at the Roman Catholic Archives; Mr Bill Kitson, Lands Department; psychiatrists, Dr Mary Abrahams and Professor Beverley Raphael; Mr Noel Haysom; and the helpful staff at the University’s Archives, Art Museum, and Fryer Library; the Queensland, and the New South Wales State Archives, the John Oxley, and the Mitchell Libraries, and the archival staff at the Brisbane City Council.

  For the onerous task of proof-reading I greatly valued the meticulous assistance of Betty Crouchley and Peggy Burke.

  Finally, I would like to thank Jill Bruxner, John McAuliffe, and the historians: Professor Malcolm Thomis, Dr Ross Johnston, Dr John Laverty, Dr Clive Moore, Dr Denis Cryle, Mr John Greg Smith, Fr T.P. Boland, Fr N.J. Byrne, and the late Sr Frances O’Donoghue, and the other authors: Dr Harrison Bryan, Dr Geoffrey Kenny, and Dr Clarence Leggett who gave me permission to draw on their published material.

  Preface

  I have known of the Mayne family since I was a child. My knowledge probably dates from the late 1920s when Mary Emelia and James Mayne, the last of the family, donated the money to buy the St Lucia site for the University of Queensland. At that time most of the specious stories which maligned the family resurfaced. In their gruesome variety they still circulate.

  If it seems surprising knowledge for a family who lived deep in the mountain-rimmed Fassifern Valley, I can only imagine that, as some of my family regularly climbed those rugged mountains with a group of Brisbane-based bushwalkers, we heard the stories around the nightly campfire. Among the group were several amateur historians such as Danny O’Brien, Romeo Lahey and Doug Jolly.

  When, for a few short years before World War 2, I lived by the river at Hill End in Brisbane, I saw where the Mayne family lived. We could see the house, ‘‘Moorlands’’, from the Toowong ferry. Locals frequently pointed across the river and said conspiratorily, ‘‘That’s a bad place.’’ Fate kept the Maynes forever in my sight. I married into a family who were their neighbours. The Siemons’ ‘‘Ravensfield’’ was separated from ‘‘Moorlands’’ by a small creek and a rough track called Patrick Lane. No Siemon child was ever allowed to cross the shallow creek. ‘‘Moorlands’’ was out of bounds, regarded as an ‘‘evil place’’. My motherin-law, a gentle, charitable Christian lady, never defined that term. Her knowledge of the Maynes went back many years. Before her marriage she had lived in ‘‘Rocklily’’, high on the cliff above the river and overlooking ‘‘Moorlands’’. Living the sheltered life of girls of her day, she had accepted without question that the Maynes were not respectable people.

  In 1972 I learned of the Maynes’ three major bequests to the University of Queensland when I joined the staff as Alumni Officer. What was a big surprise was how much mystery surrounded this family, which must be one of the greatest, if not the greatest benefactor of the University of Queensland and the State’s community. When looking for material for a short informative article on them, I came across a list of items that had graced their home and which had come to the University after Mary Emelia Mayne died. With some difficulty, I located them all. They were excellent pieces of nineteenth-century workmanship, and, with the exception of the magnificent cedar table, once used as the Senate table, but which a staff member had later purchased, they were put on display at an ‘‘EXPO UNI’’.

  In subsequent years I often wondered about the family. Could the people who had been so generous to their community have been as bad as the stories suggest? It became important to me to know the truth. In 1993, after delivering my PhD thesis to the examiners, I countered the withdrawal symptoms which accompanied the long wait for assessment by delving into the Mayne family history. There I was to learn that one of the last people, supposedly involved in this family tragedy, who had died an unnatural death, had at one time been employed by my father-in-law. There was no way I could abandon this story.

  Long research into a family history inevitably draws one into their life. To me they are no longer cardboard figures based on facts and footnotes. Rightly or wrongly I believe that they reveal a personality which one can understand just as one has an intuitive understanding of one’s own child. In this account I have given the facts, but the family has become very real to me. It cries out for understanding, so I have taken a little licence and added a dimension that, I hope, gives their tragedy a more human face.

  We know that the Maynes suffered the stark reality of the long reach of the sins of the fathers. We do not know how far back in time the first culprit-father existed. Perhaps we should be questioning why communities take their revenge and persecute the children who never asked for the ignominy they inherited.

  THE MAYNE FAMILY

  BORN

  MARRIED

  DIED

  CAUSE

  BURIED

  PATRICK 1824 Cookstown Ireland 9.4.1849 17.8.1865 Queen St Unknown Paddington

  Mary (née McIntosh) 17.8.1821 Ennis Clare Ireland 9.4.1849 4.9.1889 Moorlands Villa Heart Failure Toowong

  Mary Kelly (Mary’s mother. née Nash. 1 McIntosh, 2 Kelly.) 1800 Ireland twice 24.3.1865 Bowen Hills Unknown Paddington

  Ann Mayne (Patrick’s sister) 1829 Cookstown Ireland — 4.7.1905 Moorlands Cirrhosis Toowong

  CHILDREN Rosanna 30.1.1850 Queen St Brisbane — 7.3.1934 All Hallows’ Convent Senile Decay Nudgee

  Isaac Patrick 14.1.1852 Queen St — 31.1.1905 Bayview Asylum, Sydney Suicide Toowong

  Evelina Selina 19.10.1853 Queen St — 8.11.1854 Queen St Unknown Paddington

  William McIntosh 17.5.1856 Queen St — 16.8.1921 Moorlands Heart Failure Toowong

  Mary Emelia 31.12.1858 Queen St — 12.8.1940 Moorlands Senile Decay Heart Failure Toowong

  James O’Neil 21.1.1861 Queen St — 31.1.
1939 Moorlands Cerebral oedema Hyptertension Arterio-sclerosis Toowong

  NOTES:

  For both Patrick and Mary Mayne the immigration records indicate a birth date which differs from that on their marriage certificate and on the family tomb.

  Although Patrick and Evelina were both buried at Paddington and their headstone is still there, their name appears on the family tomb at Toowong. Rosanna’s name is not on the tomb.

  Paddington Cemetery was sometimes referred to as Milton Cemetery.

  1

  A Profitable Murder

  Had it not been for a murder and robbery on Sunday, 26 March 1848, the University of Queensland would not be sited at St Lucia. It would most likely have occupied a more cramped campus at Gilchrist Avenue, Victoria Park, adjoining the Brisbane General Hospital. An innocent man was hanged for the crime. The murderer confessed in August, 1865. This is not a pleasant story. It is as macabre as a Greek Tragedy. Its ghastly consequences fell on the shoulders of others, not least on the murderer’s youngest son and daughter who fought hard to redeem their family name and honour. A hostile community made sure they failed in this, but their generosity which benefited that community shows that an evil act can sometimes lead to good consequences.

  Ever since that deathbed confession there has been speculation about the identity of the victim, and the many fanciful stories which have been repeated about the murderer and the crime. Such stories still abound. It is important to dispel the myths and reveal the details of the inquest to see what really happened.

  On Monday, 27 March 1848, the people of Brisbane town were shocked to learn of an exceptionally brutal murder at Kangaroo Point. The victim was Robert Cox, a sawyer, who a few days before had arrived from the Tweed River area with a friend, Richard Smith. In the pre-dawn hours of Sunday morning he had been stabbed in the right side, the chest, neck and belly by a knife which left wounds an inch wide and three inches deep. The body had been expertly butchered.

  An early morning boatman and his family, rowing down the Brisbane River, were horrified to see the legs and loins of a body, well below high-water mark, at the bottom of Rankin’s garden at the end of Main Street. At eight o’clock a hastily roused Constable Murphy found the arms and upper torso in grass three metres away. Several local residents, many of them regular customers at the adjoining Bush Inn, at the corner of Main and Holman Streets, were drawn by the commotion and quickly arrived at the scene to join the search for the head. A dog eventually led them to where it was propped between two joists in a nearby unfinished building belonging to Mr Colin Campbell. When the head was picked up it was still bleeding. Constable Murphy had the body reassembled at the Bush Inn and called the surgeon, Kearsey Cannon. He reported that the abdomen had been cut open with a large knife and the spine divided with an axe or similar instrument. The chest had been opened from top to bottom and on the right side. The cartilages of the ribs had been divided with a strong knife and the head severed in a similar manner to the two parts of the body. Surgeon Cannon added that from the mutilated state of the body it was impossible to say in which manner the deceased was murdered.

  From the well in the backyard of the hotel and across the dividing fence to Rankin’s garden, where the body was found, the grass was heavily bloodstained. When a helpful bystander descended the well on a ladder he found some of Cox’s intestines, a table-knife and three shirts and a towel, all bloodstained. The water in the well and in a bucket at the top was heavily contaminated with blood. Black trackers were called, and James Davis (Duramboi), a former convict who had lived for some years with a tribe of Aborigines and was now a blacksmith at Kangaroo Point, reported that the murder had occurred between the hotel and the fence. From the rapidly growing group of bystanders, a Mr Nosely identified the body as Robert Cox, who had a bed at his house. A butcher from the slaughterhouse, William Lynch, said that Cox had stayed at his house on Friday night. Questioned by Constable Murphy, Lynch appeared agitated, his countenance changed from red to pale. The constable arrested both Nosely and Lynch.

  Some hotel patrons, the licensee William Sutton, and his daughter Charlotte Sutton, had seen Cox early on Saturday evening asleep in the bed of the hotel cook, William Fyfe. Many years earlier, Cox and Fyfe had been convicts at Moreton Bay and they were still very close friends. Since coming to Brisbane town, Cox had been steadily drinking to cut out a £4 money order which he had given to the publican at the Bush Inn. Later, at the inquest, a hotel patron, Thomas Gnossill, said in evidence that he had seen Cox and Fyfe together several times in the preceding days and they were ‘‘like brothers’’. Constable Murphy immediately searched Fyfe’s room; among his dirty clothes he found a towel marked with blood. In later evidence, Charlotte Sutton mentioned that Fyfe’s lips had looked very sore and bleeding, something that Murphy must have noticed. Nevertheless, he promptly arrested Fyfe. Shortly afterwards, the constable took into custody the licensee William Sutton, and William Holt, a hotel resident who had been awake until four in the morning and had heard nothing. The next to be arrested were two mates of the butcher, William Lynch—George Platt and a barely sober John Connell. The latter had spent part of Saturday drunk on the hotel kitchen floor and all of that night drunk on the taproom table.

  A grand jury was hastily assembled at Sutton’s Hotel to examine the suspects and decide if there was sufficient evidence to send any of them to Sydney to be tried. A key player in the events, the publican, had earlier told Constable Murphy that he thought his cook, Fyfe, was the villain. Now he added that he saw someone who he supposed was Cox in Fyfe’s bed at eleven o’clock when he locked up for the night and went to bed. Fyfe was still up at about one o’clock when Sutton was aroused by three customers wanting a drink. They were regular patrons who had been in the hotel earlier in the evening. From her bedroom, Charlotte Sutton recognised the voices as those of three local butchers: William Lynch, George Platt and Patrick Mayne. All three had been drinking at the hotel earlier. Now they went on drinking for some time. They later declared that they saw and heard nothing, except for the snores of John Connell, in a drunken stupor on the taproom table. In evidence, Platt swore that he and Sutton were sober, leaving the inference that Lynch and Mayne were not. If this was so, it is surprising that Patrick Mayne’s very plausible evidence was so precise about the time they arrived and left the hotel and the length of time he afterwards spent at his lodgings conversing with his two workmates, Lynch and Platt. According to Mayne, they drank for a short time in the early evening, returned to the hotel at twenty minutes to one on Sunday morning and drank ginger beer and wine until three o’clock, at which time they went to his lodgings and conversed until four o’clock. Miss Charlotte Sutton’s evidence put the time of their arrival at about midnight and their leaving about an hour later. Fyfe, the cook, was still up when they left and asked Sutton for a glass of beer, saying: ‘‘That fellow Cox has gone.’’ As both the hotel and the back gate had been locked for the night at eleven o’clock, Sutton asked how he went. ‘‘He went over the gate at half-past twelve,’’ he was told.

  The young son of Sutton’s neighbour, Rankin, in whose yard the body was found, said that when answering a call of nature in their backyard during the night, he had seen a tall man in white with a big straw hat standing by his father’s fence. He thought it was Mr Sutton, the publican.

  Altogether seven people were arrested: Nosely, with whom Cox boarded; the butchers Lynch and Platt; Fyfe, the cook; hotel patrons Holt and Connell, and the publican, Sutton. Unlike the other local residents who patronised the Bush Inn, Patrick Mayne did not appear on Sunday morning to gawp and give advice. He dropped from view until he was called on the third day to give evidence. One by one the arrested men were released. Finally the publican, Sutton, and his cook, Fyfe, were the only two facing the jury. Fyfe was the chief suspect.

  Cox’s travelling companion, Richard Smith, told the jury that before they came north, Cox had cut and sold to a Tweed boatyard sixteen or seventeen thousand feet of cedar. Al
though Cox had given a £4 money order to Mr Sutton to be cut out in drinks, Smith believed that since Cox had no intention of returning to the Tweed district, he had with him the money he had received from the sale of the cedar. The amount was never mentioned and the money was never found. The value of cedar at about that time was fourpence halfpenny or fivepence per foot; it seems reasonable to assume that Cox would have sold his cedar for between £300 and £350, a considerable sum of money at that time.

  As Cox had been drinking at the Inn for the past four days it is not unreasonable to accept that others may have been told of the money: Nosely and Lynch, at whose houses he had slept; Mayne and Platt; his close friend, Fyfe, and the many other regular drinkers at the Bush Inn. At three o’clock on Saturday afternoon, Charlotte Sutton and some of the customers at the Inn heard the drunken Cox accuse his friend Fyfe of having robbed him. This Fyfe hotly denied, but Charlotte told her father of the argument. The Suttons did not believe Cox had any money, but it was a good story to pass around the bar and would have been heard by the three butchers—Lynch, Platt, and Mayne, who later returned for post-midnight drinks. There were many opportunities for others to learn about the cedar sale and consider Robert Cox to be worth robbing.

  Brisbane at that time was a rough frontier town of rough men. The Bush Inn was a rowdy hotel; the day before the murder Constable Beardmore had arrested the publican, Sutton, for drunkenness. Many of the customers were known to have fled to Australia from a deprived and hungry homeland; many others, ex-convicts, carried a ticket-of-leave. The paucity of women in the colony meant that few had any stable home or family life. They lived and worked under conditions where the solace of drinking their hard-earned wages was the only mind-easing outlet they had. A windfall of money could be the start of a new and better life. This was something they dreamed of; for some, it was the reason they were in Australia. They knew very well that the embryonic colony was a land where those who used their wits as well as their brawn were the ones likely to succeed.