I have decided to place the court records re Cripps, Cairns and Adams in this journal rather than the ROSEBUD STORIES journal because my footwork research re Hindhope Estate may delay the latter for some time and to avoid the need for Cripps researchers to consult two different journals. I'll need to correct the digitisation first.

COURTING TROUBLE.
Robert Cairns v John Cripps; assault and trespass, ?10. Mr Stephens for plaintiff and Mr Hornby for defendant.
Mr Hornby raised objection to procedure on the ground that the two causes for action should not be embodied on one summons, and referred his Honor to Section 46, Rule 57 in support. Mr Stephen opposed Mr Hornby's dictum
and said his client claimed ?19 for the assault and ?10 for the trespass, or together ?19 only.Mr Hornby objected to such a course being pursued, and asked his Honor for a non-suit on the ground stated.His Honor overruled the objection, and Mr Stephen said his client, a farmer and selector at Wannaeue claimed ?19 for assault and trespass.

Sorry about this turning into a serial but I've tried submitting into the journal,comments and a new journal as a whole.I don't want to lose it. Par.2.


The defendant is also a selector near to plaintiff, and took the liberty to cart large quantities of heavy firewood in wetweather over the plaintiff's land, which cut it up and did a large amount of damage. His client had often remonstrated and cautioned him not to do so, and in return got nothing but abuse, and in the present case was violently assaulted whilst erecting a fence to prevent defendant trespassing.The defendant persisted in his trespass, and his client came to the Court to obtain the protection due to all. The action taken by his client was not in a malicious spirit, as the defendant had been repeatedly cautioned, and the only redress the plaintiff could obtain was coming to this Court. As a proof of this had he taken the case into the Supreme Court-which he could have done-the defendant would have been a ruined man. He had persisted in doing a wrong to the plaintiff, finally violently assaulting him, and called the plaintiff.

Par.3.

Robert Cairns deposed: Was a farmer and selector at Wannaeue near Dromana. Held a selection of 51 acres part of Government lot 32, and the defendant trespassed with bullocks and waggon on part of selection. Have been in possession 3 1/2 years and hold occupation license. I recollect the 14th of June and saw defendant on my land on that day with a team of bullocks and waggon laden with wood. I spoke to him in a quiet friendly manner, and told him it was very wrong and foolish of him to trespass on my land,and that I would no longer quietly suffer the damage he was doing me, and I would not permit my own brother quietly to so injure me, and warned him to not again cross theland.
To his Honor: The defendant said it was doing no harm.
To Mr Stephen: On the following day, 15th, I saw him again with his load boggedon my land. I again warned him. He partly unloaded his waggon and continued his trespass by cartage. On the 16th I went and took posts and rails to fence across at certain places to stop his carting. The defendant was there, and he asked me if I was
going to fence across the place and prevent him crossing. I told him I was. He then swore at me and called me vile names. He left and returned with his sons and again abused me. He removed the posts and rails I had partially erected, and as he was driving through he raised the butt end of his whip and struck me violently. I have had the land between three and four years. Made a private track some five years ago. I have cut the principal portions of the timber off my selection.

Par.4.

Mr Stephen then called R.H.Adams, who stated that he was a farmer. Knew both the plaintiff and defendant's selections; adjoin his own. Saw Cripps carting wood over Cairns'land. Warned him not to cart over my land.
Lent Cairns some posts and fails, and went to Cairns' place and had a cup of tea.
To Mr Stephen,- I saw Cripps strike Cairns with the butt end of his whip handleand I saw the bruise for days after. The defendant had a lot of wood behind his waggon on the ground as a drag, which tore up the ground.
To Mr Hornby.-Know Cripps well, the piece of land in question has not been used as a public track ; have not been in trouble myself about a horse or cow.

Par.5.

Mr Hornby briefly addressed his Honor, submitting that there was no case, his client had simply been making use of an oldtrack, and one he had made years ago. His Honour thought there was a case, he would think so too if he had been struck over thehead with the butt end of a bullock whip. Mr Hornby proceeded and pointed out the
defendant held a license to cut timber, and simply used the old track, and called the defendant who said his name was Wm Gripps and not Jos Cripps.

Mr.Hornby called his Honor's attention to the fact that the wrong person had been summoned. His Honour overuled, and permitted correction.

6. Wouldn't submit. Only 7 lines. Try later.

Defendant in reply to Mr. Hornby, deposed: Was a selector and farmer at Wannaeue and held a license to cut timber off crown lands adjoining plaintiff's property. Made the track along which he was carting 12 year ago.

On the occasion in question had a load, and it was the only way possible to get the wood out from the place he had cut it.
To His Honor: There is no other outlet from the land.

Mr. Stephen pointed out there was a road as shown on the plan at the back portion? and that defendant had no business on plaintiff's land if he could not get out. Examination continued by Mr. Hornby: Plaintiff Cairns knew I was in the habit of going that way, and has had the selection about 4 years, and has not fenced. He never made any objection before to my using my track.

To His Honor : I was carting wood on the day, and Cairns objected. I never hit him on the head with my whip butt. I was on his land when the alleged assault took place, and when I came along the track with my load, Cairns stood in the centre and attempted to stop my bullocks. They swerved off the line, and getting them again into the track,had to make use of my whip, and I believe the whip caught Cairns's hat and knocked it off. It was quite accidental, and Cairns tells a deliberate lie when he says I intentionally struck him with the butt of my whip.

To Mr. Stephens: Cairns did not come to me as stated on the 14th, and caution me not to again use the track.
To His Honor: He did not tell me on the 14th. He told my son I believe on that day, but my son did not tell me. The day of the alleged assault, the 16th June, was not the first day he had cautioned me.

Cross-examined by Mr. Stephens : I did not make use of any parliamentary language to the plaintiff on the occasion. I was dragging the wood down the hill, and was ignorant as to whether he had given the selection up, as it was unfenced. I know Mr. Townsend, but have not quarrelled with him. He is a neighbour. Defendant also stated that both Cairns and Adams had a regular down upon him, and bore him anything but a friendly feeling.

Mr. Hornby then called defendant's son, Wm Thomas Cripps, who in reply to Mr. Hornby, said he was with his father on the 16th June. Saw Cairns at the same time. His father did not strike Cairns. Cairns stood in the middle of the track with a railin his hand, and said the bullocks should not cross or pass that way. My father did not strike him intentionally with his whip. Cross-examined by Mr. Stephen : There was no hot blood in quarreling on the occasion. His father's whip accidentally caught Cairns hat and pulled it off, and he removed it out of his way with his foot.

My father carted three loads afterwards. I don't remember Cairns cautioning my father not to cross that way on the 14th June. We did not do much work on the 15th June in consequence of the bullocks having strayed. My father has been across on two occasions since the 16th June, and I have been across with him.

Mr. Hornby then called Albert Cripps, a son of defendant, who in reply to that gentleman, said he was with his father on the I6th June,and as they were going along the road with the team, Cairns stood in the road with a
stick and tried to turn the bullocks. His father's whip caught Cairns' hat and knocked it off his head. I was not on the ground on the 14th June, but was on the 15th. Did not see the wheels of the waggon bogged.

Mr. Hornby then addressed His Honor, and contended there was no proof of an assault having been committed. Three witnesses to two proved to the non-assault. So far as the trespass was concerned, it might have occurred. The plaintiff had held the land for over 4 years, and had neglected to fence it, and his client thought he had given it up, and very reasonably so, and would leave the matter in his Honor's hands.

Mr. Stephen thought that the trespass and assault had been very clearly proved, and the fact of the defendant bringing in two of his own children into that court (mildly speaking) to commit perjury in the fact that they distinctly swear they never saw any assault with the butt of the whip committed. The plaintiff and Mr. Adams, two respectable men, both swear distinctly to the assault,and being a most aggrieved one.

His Honor briefly referred to the points of evidence, and gave plaintiff a verdict for ?10 and ?6/1/0 costs. (P.3, South Bourke and Mornington Standard, 18-10-1882.)

N.B.I have taken the liberty of correcting punctuation and spelling errors that appeared in the newspaper,and spacing it a bit so it's easier to read.

THE LOCALE OF THE TRESPASS.
ROBERT CAIRNS.
Information about Back Road Bob's ancestry can be found in my CAIRNS GENEALOGY journal. The Rocks (Anthony's Nose)between Dromana and McCrae presented travellers with the choice of waiting for low tide to pass the obstacle on hard-packed beach sand or,from Foote St in Dromana,taking the present course of Latrobe Pde and Bayview/Old Cape Schanck Rd to Boneo or Cape Schanck (where most of them would have been headed.)

The second route was known as the road to Cape Schanck but when Edward Williams cut a road around the rocks about four years after this case,it was less-used, and by the time Bob and his former friend,Robert Henry Adams had their SHOVEL TROUBLE AT ROSEBUD in about 1905,the council called it the Hobson's Flat road,while most locals called it the back road,hence Robert's nickname.

Robert obtained a lease for crown allotment 32, section B, Wannaeue in 1878. (THE CAIRNS FAMILY OF BONEO.) He eventually owned land fronting Bayview Rd north of Austin Ave indicated by Melway 170 H2 to 171 A2. He later built "Fernvilla" (wrongly called Tornvilla in THE CAIRNS FAMILY OF BONEO, hence in heritage studies)whose remaining homestead block was subdivided as the Marina estate at the end of the ridiculously named Cairn Rd. Crown allotment 32B of almost 109 acres can be identified by its streets named after cars.

The 50 acres and 9 perches selected in 1878 were located at the north end of the east boundary of the Rosebud Golf Course (in Melway 171 A3),which was probably the track made by William Cripps in about 1870.This road is shown on the Wannaeue parish map as the boundary between 32E (Public Park and Recreation Reserve) and 32 D (selected by Chris Cairns but later granted to teacher,John A.Bayford not long before he was transferred to Omeo.)

WILLIAM CRIPPS.
William's grant was at Melway 170 F8, south of the Amberley Caravan Park site. To get to the timber he was cutting,he would just take a beeline across the aforementioned site which was not granted until 1937 and had probably not been selected or fenced. He'd go along the Cape Schanck road to the Government road (Hove Rd) where he'd head east toward what was known by 1900 as the heath.

FLINDERS AND KANGERONG SHIRE COUNCIL. SATURDAY, APRIL 5, 1902.
Mornington Standard (Vic. : 1889 - 1908) Saturday 12 April 1902 p 2 Article. From C. Cairns and A. Russell, Boneo, asking permission to use a closed road from Ford's lane to the heath, until they erected a fence. Granted. (Ford's Lane was Eastbourne Rd. Cr William Ford owned the Wanaeue Station bounded by Jetty Rd, Drum Drum Alloc Creek, Boneo Rd and Eastbourne Rd. It was later called Roper's Lane after a later owner of Ford's estate and has been named Eastbourne Rd after the land between the Village Glen , inclusive,and Elizabeth Avenue, called "Eastbourne" by the grantee, Sidney Smith Crispo, and his great mate, Edward Williams, who built the historic limestone house at No. 17 William Crescent (whose name shows the same ignorance of our pioneers as Cairn Rd!)

In MEMOIRS OF A LARRIKIN, Hec Hanson said that in the 1920's the horses owned by the Purves family could be seen running over the (western) slopes of Arthurs Seat from Rosebud. Those slopes were probably never heavily forested, being more suited to heath and bracken fern, and William probably saved Chris Cairns and others from having to clear their blocks.

ROBERT HENRY ADAMS.

FIREWOOD AND THE TRACK.
JOHN TOWNSEND.




ROBERT HENRY ADAMS.

FIREWOOD AND THE TRACK.
JOHN TOWNSEND.

ROBERT HENRY ADAMS.
Robert Henry Adams was the son of Captain Henry Everest Adams. Family folklore says the captain was given a 750 acre grant by the authorities in Sydney for transporting convicts to the Port Phillip District. It would not have been a grant but an occupation licence and the convicts would have been ticket of leave men from Van Dieman's Land brought across circa 1841 to solve a severe labour shortage until assisted migrants started arriving.The captain was supposed to have beached his ship near today's Wattle Place and built his house(seven rooms by 1864) from its timbers.

His house was on crown allotment 20 No Section Wannaeue. As I have stated elsewhere Section A related to the Tootgarook Run and Section B to the Arthurs Seat Run so this could confirm that the captain had a run in between them. Being an old salt the captain probably had many habits that annoyed Robert's wife, Mary Jane (nee Hopcraft), who described herself as a Gentlewoman on her wedding certificate; chief of these was his desire for his grandchildren to imbibe his Vivyan Vineyard wine.

Crown allotment 20 was between The Avenue and Parkmore Rd. It was not available for selection in the early 1850's when the rest of the "No Section" land as far west as Boneo Rd was selected. The family finished up owning most of it,perhaps because of some sort of pre-emptive right,with the rest being alienated as Wannaeue Village in about 1877. By 1864 the Captain owned Crown Allotment 19 as well; consisting of 191 acres,this extended west to Adams Ave.

However, when Robert Henry Adams referred to his "selection" in paragraph 4, he was not talking about the land between The Avenue and Adams Avenue. As his wife refused to live in the same house as the captain, Robert looked for other land. A licence for Robert to occupy about 44 acres of allotment 32 Wannaeue was approved on 1-12-1881, subject to special road condition; this was not long before the court case. (Copy of document in Harvey Marshall's scrapbook.)

Problems again. Try later.

Still won't submit. Townsend was a genius!

This was 32D, Wannaeue of 41 acres 3 roods and 18 perches, the missing 2 and a bit acres being the track that William Cripps made in about 1870

which (on the map) came to a halt at the south boundary of Robert Cairns' selection

561 links (112 metres) from its east end. Not long after, Robert and Mary Jane moved

back into Hopetoun House having persuaded the captain to remove himself to South Melbourne.Chris Cairns later selected 32D and it was granted to John A.Bayford.

William Cripps would have been taking the firewood to Dromana to be sold in Melbourne.
The track he'd made would involve travelling exactly a mile from Melway 171 A3 (present east end of Hove Rd) to Cape Schanck Rd at 159 A11,whereas going west to the other end of the government road (Hove Rd) past John Townsend's property and turning right into Cape Schanck Rd would have required exactly an extra mile of travel to reach 159 A11. At the speed that bullock drays travel this would make the trip hours longer.

Dragging logs was a method used to control steep descents. For even steeper descents a log was placed between the spokes of the wheels so the vehicle could only slide slowly.

JOHN TOWNSEND-NEW JOURNAL.

Alfred Walker Cripps when enlisting for WW1, gave his birth as 1869 Dromana but his birth was registered to Tootgarook) Birth Registration 1869/12161; father, William Cripps; mother, Thirza (Theresa) Wells. First marriage on 6.11.18 to Florence Beatrice Saunders at Brisbane Methodist Parsonage. Second marriage in 1932 to Alice Maria Maud Taylor. Marriage Registration 1932/10127. Just wondering if anyone has any information with regard to his wives. Thank You