Joseph Tice Gellibrand

MESSRS. GELLIBRAND AND HESSE. http://trove.nla.gov.au/newspaper/article/2950714?searchTerm=&searchLimits=l-publictag=Henry+Allan'''

The Port Phillip Herald of the 12th July contains further particulars of the melancholy deaths of those two gentlemen. If the report be true, and there appears no reason to discredit the statement, no doubt remains as to the cruel murder of Mr. Gellibrand. Mr. Hesse perished from starvation and bodily fatigue. The particulars will be perused with painful interest.

The following interesting narrative of the death of these unfortunate travellers has been furnished us by Mr. John Allan, brother to the actual discoverer of the skeleton of Mr. Gellibrand. About two and a half years and a half ago the Messrs. Allan took station on of a station at the mouth of the river Hopkins, which is about twenty miles to the eastward of Port Fairy. They had not been long in possession, before they were informed by the blacks that about three years from that time, there bad been a white man killed at a place called Barratt, (a river about fifteen miles to the westward of Cape Otway, which comes from the interior in a N. N. Easterly direction), and that another white man had been found dead about fifteen miles further up the river, both being described as "gentlemen."

From this statement -although but imperfectly understood at the time - the Messrs. Allan suspected that the bodies alluded to must have been the remains of Messrs. Gellibrand and Hesse, who were last heard of somewhere about the locality pointed out by the natives; they accordingly lost no time in mentioning the circumstance to the settlers in the surrounding country. The matter, however, owing to a want of confidence in the natives, and other causes, ceased to be considered of any particular moment, and was eventually dropped.

About three months ago, Mr. John Allan accidentally fell into conversation - with one of the Bethnangall tribe, residing near his own station, who had married a gin from the 'Barratt country; from him he learnt that his gin had been present at the murder of Mr. Gellibrand, when suckling an infant, now about seven years old, and that she had seen the body of the second white man (Mr. Hesse) up the river, about fifteen miles distant, as before described, laying with its face uppermost, untouched by either dogs or birds of prey.

Mr. Allan lost no time in finding out the black woman, and from herself learnt that at the time before stated, a white man’s (Mr. Gellibrand's) “cooey" attracted their attention and caused them great alarm, never having beard anything, of the kind before. After considerable difficulty and persuasion, her tribe were induced to go up to him, when he made signs to show his urgent want of food, and at the same time gave them to understand that another white man (Mr. Hesse) was in extreme distress from the same cause farther up the river. Having administered to his wants, a party proceeded in search of his comrade; but the proffered aid came too late - he was found dead. The tribe did all in their power to make Mr. Gellibrand comfortable; but as he refused to sleep in their “Mia Mias " they' built him one expressly for his own use. He lived with this tribe on terms of perfect friendship for about ‘two moons,' when their privacy was invaded by a large body of natives from the river Panyork, distant about seven miles eastward of Cape Otway. The Panyork tribe did all in their power to persuade Mr. Gellibrand to join them, but find - opposition not only from him but the Barratt people, the stronger party, in a fit of jealousy sought an opportunity to murder Mr. Gellibrand. Accordingly on one fine sunny morning, the Barratt tribe being out seeking food, and Mr Gellibrand at the camp alone, mending his trousers with kangaroo sinews, three of the Panyork men went and talked to Mr. Gellibrand, and thus taking him off his guard, one seized him from behind the throat, whilst another put his two fingers up his nostrils, the third jumping on his chest till life was extinct; the murderers then decamped, taking with them only the coat of their victim.

When the Barratt tribe returned and found what had been done, they expressed great regret for the loss of their white companion - and went into mourning after the known native fashion -painting themselves white and cutting their foreheads, &c., but did not attempt to retaliate on the Panyork tribe, as they were too strong for them. They then buried the body, and threw his pistols and (gold) watch into a creek adjoining the spot.

From the foregoing statement of the black gin, Mr. Allan made further enquiries, and being fully persuaded of the truth of the woman's story, he sent his brother Henry with two lads belonging to the Barratt tribe to search for the skeleton. His report is as follows: After travelling about thirty miles along the coast, they fell in with the Barratt tribe, a very small one, only seven in all; one of the number was the very man under whose care Mr. Gellibrand had placed himself, and who had buried him and mourned over his grave. Mr. Henry Allan immediately pressed him in his service, and travelled about twenty miles farther along the coast, the whole distance being one mass of scrub. They at length arrived at a spot which the old man pointed out as Mr. Gellibrand’s grave, describing at the same time how he had placed the body, his hat and trousers under its head, &c. Mr. Allan then began to remove the sand very carefully, and - at the depth of about fourteen inches came upon the skeleton, exactly as described by the black; under the skull he found part of a black beaver hat, part of a pair of trousers, lined with leather, several buttons, and under the wristbone of one arm a pearl button. The skeleton was perfect, with the exception of one knee, which was a little burnt. Mr. Allan having taken possession of the skull went in search of the pistols and watch; but the weather being particularly stormy, and the rain falling in torrents, the blacks refused to pursue the search any further. They then, however, pointed out the place where the body of Mr. Hesse was last seen by them; and promised, when the weather would admit of it, to go another time. They stated the white man had died from fatigue or hunger, and that he had dark hair. The remains of Mr. Hesse, they said, were about fifteen miles distant up the river in a direct line from Lake Colac.

The skull, which is in Mr. Allan's possession, shews the loss of one of the front and three of the back teeth; the rest are very fine, rather large and regularly set, with the exception of one in the lower jaw, which is a little overlocked. The murderers, Mr. Allen tells us, are well known, and have recently been seen by him; one of them is a ferocious looking character with a cut lip.

From the circumstances already detailed in this journal, there can exist no doubt but that the skeleton found by Mr. John Allan was Mr. Gellibrand's.

Joseph Tice Gellibrand (1792–1837) biography by P. C. James http://adb.anu.edu.au/biography/gellibrand-joseph-tice-2088'''

Joseph Tice Gellibrand (1792?-1837), lawyer, was born in England, the second son of William Gellibrand of London and later of South Arm in Van Diemen's Land, and Sophia Louisa, née Hynde. He was admitted as an attorney in London in 1816 and practised until his departure for Van Diemen's Land. In 1819 he married Isabella Kerby of Lewes, England, who bore him nine children. By a warrant of 1 August 1823 he was appointed attorney-general of Van Diemen's Land, arrived in Hobart Town next March and was sworn on 7 May 1824.

Gellibrand offended Lieutenant-Governor (Sir) George Arthur by his independent stand and refusal to institute actions which he thought it improper for the Crown to bring, such as the case of an officer of Arthur's who had been maligned by a Hobart newspaper editor, Robert Murray. Gellibrand was strongly opposed to many of Arthur's actions and as Murray's friend assisted him with editorials for the paper. Legally Gellibrand was correct in refusing to bring the actions, but he was imprudent considering his association with Murray and his differences with Arthur. Arthur mentioned his distrust of Gellibrand in dispatches to England. The opportunity to remove Gellibrand arose when the solicitor, Frederick Dawes, at the instigation of the solicitor-general, Alfred Stephen, laid complaints of unprofessional conduct before Arthur. Arthur set up a committee presided over by Chief Justice (Sir) John Pedder to investigate the public and private life of Gellibrand. Gellibrand wanted a hearing in court but Arthur would not have it. However, the solicitor-general brought a motion before the Supreme Court to have Gellibrand struck off the rolls, but after lengthy hearing this motion was dismissed. The committee continued its investigations and found Gellibrand guilty of conduct not befitting his high office, criticized his association with Murray and raised doubt as to his professional behaviour. The report was made to Arthur in December 1825. In February 1826 Gellibrand was suspended and upon confirmation from London removed from office. Gellibrand fought his dismissal until his death. The Colonial Office appointed the deputy judge advocate of Gibraltar to investigate Gellibrand's complaints but he found them groundless. However, a later opinion from Mr Serjeant (Mr Justice) Talfourd of the English Bar held Gellibrand innocent of all the charges. But this was too late as the Crown had exercised its prerogative in dismissing Gellibrand and no appeal lay as of right.

Gellibrand continued to practise as a barrister in Van Diemen's Land; he acquired property at Swanport, Lawrenny, Sorell and Tasman Peninsula and made his home at Derwent Park. In 1827 he was editor of the Tasmanian. He later became involved in the Port Phillip Association and disappeared on an expedition to explore the hinterland of Port Phillip in 1837. He and his companion, G. B. L. Hesse, probably lost their horses and perished in the summer heat. The mystery was not solved.

Gellibrand was an intelligent and able lawyer. His report to London on the need for changes in the legal system in the colony, soon after his arrival, showed that he had ideas for reform and the courage to put them into effect, but he had little knowledge of the workings of colonial politics. His conduct as a barrister was above reproach; as attorney-general he always acted in what he thought the best interests of the Crown, but his association with Murray was unwise and the real cause of his dismissal.

Of his sons, Walter Angus Bethune (1832-1909) was a member of the Tasmanian Legislative Council in 1871-1901, and its president in 1884-89; Thomas Lloyd (1820-1874) was a member of the House of Assembly in 1856-61; William St Paul (1823-1905) was a member of the House of Assembly in 1871-72, and 1874-86; and Rev. Joseph Tice (1826-1887) held several cures in Tasmania and became editor of the Tasmanian News in 1886. Mary Selina (1837-1903), his youngest daughter, played an important part in the Tasmanian Society for the Prevention of Cruelty to Animals and was its honorary secretary at her death. Major-General Sir John Gellibrand (1872-1945) was a grandson.