PART TWO

After the Wollongong council aldermen met on March 1, 1872, the Illawarra Mercury published the results of the meeting.

It was in the article where Alderman Hewlett made a comment that he thought former town clerk John Curr was attempting to extort money from the borough council. The whole affair then escalated into chaos. From this meeting Mayor Cole thought that the council should act with a high hand in the matter. The aldermen met again on March 4 to advise the mayor how to proceed in the matter. The mayor and some aldermen had visited Mr Curr that afternoon, issuing a written demand for the return of the council records, including the minute book, letter book, large rate book, ledger, receipt books, cheque books, several plans, specifications, reports of various committees and all council correspondence as well as other papers. Mr Curr told the men he would not respond until he had sought legal advice. The meeting ended without any firm commitment from the aldermen. Then, from March 6 a letter regarding the claim of extortion passed back and forth between John Curr and George Hewlett.

On March 21 the matter was brought into the Court of Petty Sessions where Andrew Lysaght presided. Mr Lysaght declined to proceed until he had some other magistrates not connected with the Wollongong borough and adjourned the case until Monday, March 25.

Sitting in the court on March 25 was Mr Lysaght and Magistrates Brown, Evans and Thompson all from the Dapto area. Representing the council was Mr Owen and Francis Woodward represented Mr Curr. Mr Owen outlined the historical background of Mr Curr's employment and the events leading up to the records going missing. Mayor Cole took the stand where he outlined the fact that the council had passed a resolution where the town clerk was to be appointed annually. He then recalled the events leading up to the last day Mr Curr was in the office on February 23 and how the record cupboard was empty when opened on March 1. The magistrates dismissed the case against Mr Curr with the result that the council records were still in Mr Curr's possession.

Mr Owen sought advice from Mr Salomons who advised that council again bring it into the court and should the magistrates dismiss the case again then it be brought forward to the district court.

Prior to the court proceedings the mayor and aldermen met on April 2. As the council was short of funds it was raised that Mr Owen's fee to represent the council had cost £20 so far.

Alderman Hewlett moved that the resolution passed on June 28, 1861, appointing John Curr custodier of all the books and documents of the corporation be rescinded. This motion was seconded by Alderman Brown and carried unanimously.

The parties were again before Messrs Lysaght and Brown in the Magistrates Court on April 15, 1872. All the witnesses recounted their testimony from the previous time. The case seemed to take on an unusual angle, as according to the 1858 Act, anyone taking property belonging to the council to the value exceeding £20 could be liable to legal action. As the borough council owned no property, the case was fought out in the court based on the overall value of the documents to be £50. When Mr Curr took the stand he declared the value of the records to be between £15 and £17. The solicitor, Mr Woodward, argued in the court that Mayor Cole was not the proper person to sue for the books as he was not the owner or possessor. Mr Owen argued that the council had the full power to act as they had done and that no person had the right to remove the records from the premises without authoritative approval. The magistrates in their consideration again dismissed the case. Mayor Cole resigned his position as mayor on Tuesday, May 28.

A mayoral minute was read at the meeting on June 6 that the council pay Mr Curr £50, after which he handed back all the council records.

No doubt this whole affair was spurned on by the fact that the council passed a resolution to appoint the town clerk on an annual basis. This resolution was adopted while Curr had taken one week's leave from his duty as town clerk during May 1871, meaning that he could not be present at that council meeting.

Information courtesy of Carol Herben OAM.  Call 0409 832 854 or email  sycado6@bigpond.net.au