Page:ChroniclesofEarlyMelbournevol.2.pdf/387

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THE CHRONICLES OF EARLY MELBOURNE.
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so far from interfering that the first-named coolly and cowardly stood by as if enjoying what passed before him, whilst the other philosophically marched off about his business. M r . Kerr obtained a summons against M'Namara. T h e case was heard at the Police Court, when the defendant was represented by Mr. Sidney Stephen, the Barrister. Kerr was dictatorial and something like impertinent to the Magistrates (Messrs. W . Hull, H . Condell, J. Smith, and E. Westby); he lost his temper into the bargain. He-declined to admit his editorship of the Courier, but in a loud insolent tone admitted, " that if to write of M ' N a m a r a was provocation, he had given it, for he knew him to be a most notorious blackguard." This uncalled-for remark so shocked the Bench that one of its members (Hull) declared it was too m u c h for him, and withdrew from his place, whilst the remaining Justices dismissed the complaint. Kerr left in high dudgeon, muttering threats of vengeance against the Court, whilst " M a c " was hailed with loud acclamations, and there was a notion of "chairing" him, but such a vehicle was not convenient. S o m e days after Kerr applied for a new trial, on the plea that the case had not been decided upon its merits. Rather inconsistently, a fresh summons was granted, a re-hearing took place, and the defendant was fined 30s., with 3s. 6d. costs. The amount was subscribed on the spot. Kerr subsequently blustered m u c h of an intention to bring an action in the Supreme Court for assault and battery; but fresh troubles were in store for him, for early next year he was insolvent, and the Courier a thing of the past. KENTISH AND CAVENAGH.—Mr. Nathaniel L. Kentish, devoted much of his time and intelligence to

efforts to provide the Melbournians with salt (or rather brackish) water-baths on the south bank of the Yarra—in fact he was as watery in the brain region as the modern and late Mr. H u g h M'Coll, of canaling celebrity, though riding his hobby in a different style. T h e Herald never took kindly to the Kentish speculations, and for this and other reasons the propounder of the bathing scheme and the conductor of the newspaper never got on well. O n the 24th August, 1849, there appeared in the Herald a notice reflecting on Kentish, and annoying him so m u c h that armed with a whip, and meeting Cavenagh in Elizabeth Street, he laid on to him. A warrant was issued against Kentish, to which he surrendered and was bailed. T h e case was set down for hearing on the 27th, and as Cavenagh was standing near the Police Court door, waiting his turn to be called, Kentish came up and repeated the assault. This time, however, Cavenagh showed good fight by knocking down the other, w h o was picked up by some constables, and detained in custody until the trial. T h e Mayor (Mr. W . M . Bell), and M r . E. Westby constituted the Bench, and the defendant was heavily mulcted, viz., for thefirstassault, to pay ,£4 fine, with ^£1 costs, or two months' imprisonment; and for the second, a fine of ,£5, or another two months'; and further, to enter into recognizances to keep the peace for 6 months, himself in ,£50 and two sureties of ,£"25 each. DAVIS AND CAVENAGH.—Mr. Peter Davis, a prosperous Knight of the Hammer, did a good

knocking-down business in Melbourne, and realized a full purse thereby. Davis and Cavenagh of the Herald, never "cottoned" to each other, possibly because the auctioneer did not advertise as liberally in the newspaper as its master wished. However, they were always in a mutually hostile mood, for Davis could well nurse a dislike, and Cavenagh was as good a hater as Dr. Johnson. The ruling desire of Davis was to be elected a member of the City Council, and the unalterable determination of Cavenagh that it should not be if he could prevent it. I have not the correct date, but it would be probably in 1854, when there was a Civic contest in Latrobe Ward, and Davis had early taken the field. Cavenagh was at once on the side of the Opposition candidate, and the struggle grew exciting. There was then on the Herald a literary factotum, a sort of right-hand m a n of Cavenagh, w h o could do everything from a "leader" to a shipping notice, and they generally worked well together, for they found themselves, as time and circumstances were, necessary to each other. T h e employe was the Mr. Finn referred to in other places, as well known as the Post Office, and as active an electioneer as his chief. O n e day during the election excitement the arcades ambo had a row (a rare occurence) in the Herald office, and Finn felt that Cavenagh had dealt him an injustice (not at all unlikely) ; and after Cavenagh had