ISSUE 35 — AUGUST 2009 Cemetery Conversations

THE NEWSLETTER OF THE FRIENDS OF ST. KILDA CEMETERY I N C .

THE CRIMINAL WHO NEVER COMMITTED A CRIME

me, outside it would be man without imagination might Part II from the May 2009 issue of Cemetery Conversations... considered art – and rather have said that No. 13 was wonderful in the mental, but not dangerous. A Sculptor in Basalt. circumstances. What is the Mr. Panton, however, had man’s story? What is his imagination, and in addition INSIDE THIS ISSUE: It was magistrate’s day at prison history?” some considerable knowledge Pentridge, and Mr. Panton, P.M., of art. “I should like to see this They had to look it up because man,” he said, “and have a THE CRIMINAL 2 whose official activities had W H O N E V E R brought him often into contact they had forgotten the original talk with him.” So the image COMMITTED A CRIME…PART II with strange men and interesting sin. In later years the prisoner maker, who was such an situations in earlier days, was on had treated the regulations iconoclast with regulations, concerning rock carvings and was brought in. CLOSING THE 3 his first official visit to the prison. S T . K I L D A As he sat in the governor’s room misappropriation of knives and CEMETERY: “Where did you study SURVIVING THE entered a warder with the other things that might be SCARE OF ‘68 sculpture?” the magistrate information that No. 13 had been convertible into graving tools asked. at it again, and that they had as no self-respecting prisoner FORTHCOMING 4 “Here, sir – in Pentridge,” T O U R S “caught him red-handed.” I have should. Instead of treating answered No. 13, seriously, as called the prisoner No. 13 bluestone with spaller and if the fine arts were something because it is said to be such an knapping hammer No. 13 had THE CASE OF 4 in which penal establishments JANE GARDNER omen of luck – the sort of luck wished only to carve odd things specialised. that frequently came his way. out of it in utter defiance of “But you must have had prison regulations; and prison lessons in the beginning?” “Dear me! Dear me!” said the regulations are solemn things “I had lessons about reading governor wearily, “the man is in Pentridge. The curious point and all that in school, sir,” he incorrigible – quite hopeless.” was that No. 13’s defiance of said, “but I took to breaking “We caught him with this,” the regulations was always due the regulations here because I explained the warder, placing a to the same passionate longing couldn’t help it. I’m sorry small unfinished bust carved in to carve something in stone, about it, sir, but I had to do it.” which the policies of prisons do ) bluestone upon the table, “And “Suppose that I can arrange to these two prison knives, stolen not encourage. Breaking get you the proper tools and a and worn to the haft, as you see, bluestone was industry; shed set apart, where you may

www.psrs.biz sir, with the carving of those silly carving it was offence. In work at this without any fear of everything else but his silly tion ( tion things.” the regulations, would you like FRIENDS OF ST. KILDA “He has broken the regulations habit of caricature he was a CEMETERY INC. it?” again and again in this way,” the model prisoner, yet the want of (REG NO. A0038728J “Oh, I don’t think the governor governor explained. “He has a model was this chief ABN 69 718 923 799) would let you sir,” said No. 13, been punished so often that he is misfortune. Through this gravely. “You see, I’ve been a simply imposing his own sentence particular kink in a character bad lot, and I don’t stand well PO Box 261 – imprisonment for life.” otherwise amiable, he had ST. KILDA VIC 3182 with the warders. They managed to accumulate a AUSTRALIA wouldn’t have it.” Mr. Paton was interested. “It may sentence which no human Phone: (03) 9531 6832 be a crime,” he said, “to do this being could reasonably hope to sort of thing in prison, but, believe live long enough to serve. A (Continued on page 2) email: [email protected] website: www.foskc.org A Publishing Solutions and Research Services produc Services Research and Solutions APublishing Cemetery Conversations Page 2

THE CRIMINAL WHO NEVER COMMITTED A CRIME...CONTINUE D

who is still living, was the before, in prison, the (Continued from page 1) model for that infant on the sculptor had seen the Finding a Model. summit of the fountain in picture of a famous piece of Statuary Corner. statuary, “The Angel of Mr. Panton had his own Cawnpore”—the pitying ideas about the situation. This confirmed criminal, who figure brooding over the One of them was to see and had never committed a fateful well of the Indian interest Mr. Graham Berry, crime until he came in Mutiny. It seems to have then Premier of , who contact with the regulations, made a lasting impression agreed that No. 13 should was pardoned and released upon him. You have the have every facility for from Pentridge. Had the suggestion of it even in the “While the State was carrying out a piece of work regulations been sentient poise of those birds about in the pardoning which he had in mind and and possessed expression the fountain. humour, full of that longed to attempt. One they might have said, “Good expansive glow difficulty was to get a model. enough for him, too! He That is the story. The last An infant was particularly deserved it!” word to be said of the artist which follows a good desired. who so strangely came to his deed done, it forgave While the State was in the own was that he never lost itself also for all “Would not the wife of one of pardoning humour, full of his distrust of the law, and the warders, who has a that expansive glow which never admitted much those woeful, wasted baby, bring it along some follows a good deed done, it respect for it. Though years in the life of afternoon as a model?” Mr. forgave itself also for all always interested in the the innocent man it Panton asked. those woeful, wasted years activities of his friends and had sent to prison”. “Oh, no, sir,” said the poor in the life of the innocent neighbours, he declined to sculptor ; “you see, I’ve got a man it had sent to prison. join the Prahran Commercial bad name for breaking the The first bit of work done by Club because that excellent regulations.” the sculptor after his release institution had so hedged was the Spring street itself about with an Mr. Panton mentioned the fountain. impenetrable cordon of self- incident that night at a control that whenever it dinner-table, and The Weeping Angel. wished to do anything the wife of the unusual its own autocratic superintendent of police, That is almost the whole of regulations would not permit who was a guest, remarked, the story which, happily, had it to do so. “What a shame not to let the a good ending, for, in the poor fellow have the baby as words of romance, they Postscript: And who was the a model!” married and lived happily Rufus Dawes, the criminal “That’s very fine,” said Mr. ever afterwards. The artist who never committed a Panton; “but would you be was happy in the love of a crime and became a willing to take your little dear wife and home, happy monumental mason? His nephew into a penal in the free employment as a name was William Walter establishment in the same monumental sculptor, of his Tyrell Stanford (1819(1819----80)80) circumstances?” gifts, and his craft. I have “Designed and Executed by Stanford and in the next issue of Windsor” —Grave of Thomas and “Yes,” said the lady traced many of his Cemetery Conversations, Margaret Irwin at the St. Kilda Cemetery generously and memorials to the dead in the which features the sculpture by William we’ll reveal Stanford’s letter Stanford (CofE “B” 19) emphatically. “To-morrow, Melbourne and St. Kilda of complaint against the or whenever you wish it.” cemeteries, because a Trustees. favourite design was the So it happens that a canon representation of the (Source: The Argus 25 Aug of the Church of England, weeping angel. Years 1928 p10) Issue 35 — August 2009 Page 3

CLOSING THE ST. KILDA CEMETERY: SURVIVING THE SCARE OF ‘68

Cemetery is the final resting meeting was advertised little known, but place for other members of specially requesting all significant chapter in the family. house-holders to attend, “in St. Kilda Cemetery’s A order to emphatically history occurred in 1868 The push to close the St. protest against this invasion when there was an attempt Kilda Cemetery reflected the of their rights”. to close the Cemetery. This social attitudes of the era was the era of the that a cemetery positioned Patterson opened the McCulloch government — in a built-up area close to meeting by reading the the longest serving ministry houses was prejudicial to memorial (petition) before when governments came their health. It was an the Town Clerk read the and went at whim. attitude that continued until names which included well- at least the 1910s when the known residents such as In July 1868, a deputation Grave of Sir Archibald Michie, one of same argument was used Hon A Michie, Mr J B Were, the memorialists who signed the consisting of the Hon R petition to close the St. Kilda General unsuccessfully by the Mr E S Symons, Mr W W Cemetery (CofE “B” 15) Turnbull MLC, the financier J adjoining Caulfield City Wardell, Mr Jas. White, the B Were, and Mr Jeffries Council to close the Brighton Hon James McCulloch, Mr argued to the Commissioner General Cemetery. John Mackenzie, Mr A Kyte, of Public Works that “the Mr D A McDougall. Groans Cemetery had become After the meeting, the were heard from the injurious to the public Commissioner forwarded audience when the more health” as a consequence of “The push to close the petition to the Trustees, well-known names were the large increase in the St. Kilda who then went to the local read—Michie and McCulloch. population. Cemetery reflected St. Kilda Borough Council who then communicated The Mayor said it was the social attitudes This was not the first with the department, who peculiar “that, instead of attempt to have the St. Kilda of the era that a finally declared the communicating with the Cemetery closed. In 1864, cemetery government would not act trustees of the cemetery, or an application had been until the inhabitants of the any other public bodies positioned in a made but as The Argus district had an opportunity having an immediate built-up area close noted; of expressing their interest in the matter, the to houses was sentiments. Democracy had memorialists had gone in a “...the state of the law at prejudicial to their a different meaning in the sort of clandestine way to that time prevented the health”. 1860s. the Commissioner of Public request from being acted Works, without a word to upon. Since then, however, It did not take long for public any one else. This is almost the Health Statute had been meetings to oppose the against common decency, passed, under which the petition. And they were held seeing how much the Governor in Council had on 23 July and 31 July by trustees had done to power to close the the inhabitants of St. Kilda beautify the St. Kilda Cemetery”. and Prahran respectively. Cemetery, which, with its It is interesting that while J B beautiful gates and fine The St. Kilda meeting was Were and many of the Were wall, was a credit to the convened by the Mayor Dr family lie interred in St. country”. James Patterson and was Andrew’s Churchyard attended by well over 400 at ...to be continued Cemetery in New Street, ...to be continued Group of graves to the family of J B the St. Kilda Town Hall. The Were at the St. Kilda Cemetery Brighton, the St. Kilda (CofE Section “B”) Cemetery Conversations Page 4

FORTHCOMING TOURS THE CASE OF JANE GARDNER

Wm. G. A’Beckett, legally r. [Samuel] Candler qualified medical practitioner Seniors’ Week held an inquest at who made a post-mortem East St. Kilda Tuesday 6 October 2009 at 10.00am M examination of the body, yesterday concerning the deposed that the brain was Visit the graves of famous and infamous death of Jane Gardner, 59 congested and there was a years of age, the wife of Henry Victorians: firemen, art benefactors, botanists, large quantity of serum in the Gardner, builder, residing at premiers and a prime minister. ventricles. The heart was East St. Kilda. loaded with an enormous amount of fat. The cause of Emily Ellen Gardner, daughter death was serous apoplexy, Horses and Jockeys of the deceased, deposed that which would account for the her mother was in her usual Sunday 1 November 2009 at 2.00pm suddenness of death. The health on Monday night when deceased was not subject to she went to bed. She had It is Racing Week in Melbourne! Enjoy a epilepsy. In the opinion of been going about her Melbourne Cup themed tour through the St. Kilda witness, nothing could have domestic duties all day on the been done for the deceased Cemetery. 19th inst. At about 5 o’clock by a medical man. on Tuesday morning witness heard her mother moaning, The jury found a verdict that What a Way to Go! and on going into the bedroom the deceased died from found her sitting on a box by Sunday 22 November 2009 at 2.00pm serous apoplexy. the side of the bed. She asked witness for some Come on this fascinating tour of those who met Footnote: Jane Gardner was medicine, and shortly with an unusual end. interred on 20 August 1878 afterwards the deceased laid (Bap “C” 88) and lies buried her head quietly on the bed with five other persons and ceased to breathe. There including her husband Henry. General tour details: was no convulsive movement or struggling. Mr. Lamert was (Source: The Argus 22 Aug 1878 All tours of St. Kilda Cemetery leave from the main sent for, but the deceased was p7) entrance gates on Dandenong Road, St. Kilda East. quite dead when he arrived. Tour cost: $10.00 for adults (except where indicated). Deceased never had any Members of the Friends of St. Kilda Cemetery and epileptic fits. children (under 18 years) are free. Bookings: Reservations for all tours are essential. Numbers are limited. Book now on (03) 9531 6832 to avoid disappointment . Tours usually run for about 90 minutes. Tours are offered in all weathers, so please dress appropriately for the conditions. There is little shelter or shade within the cemetery. Tours proceed at a leisurely pace, and keep to the safest paths, but those who may have difficulty walking on uneven ground should use their discretion.

Unadorned gravesite to Jane Gardner at the St. Kilda General Cemetery (Bap “C” 88)