Back in colonial days, it’s surprising who appeared before the magistrates and judges at the Ipswich courthouse (pictured above) in Queensland. I told a version of this story live on West Bremer Radio.

In 1863 a man was charged in Ipswich with obtaining goods under false pretences from the licensee of the Shamrock Hotel at Gatton.

The licensee was Mr. Jackson Curry. Shortly after giving his evidence in Ipswich, Curry played a role in the first legal execution in Toowoomba.

A Toowoomba constable had the job of escorting a government official from Gatton to Toowoomba, but he wasn’t told who it was. When he was preparing to dismount at the Shamrock Hotel, the constable was hailed by Curry, who shouted out, “Come for the hangman, have you?” Upon hearing this, the constable called out some profanity, threw the reins of the spare horse over the fence post, and rode for dear life back to Toowoomba. Curry didn’t escort to the hangman the rest of the way, but did give him accurate directions which allowed the historic hanging to go ahead.

The man facing the false pretences charges in Ipswich was Mr. John Smith Bennett. He was charged with obtaining bread, meat, drink, and refreshment, under false pretences, and he pleaded not guilty.

He had stayed at the Shamrock Hotel for about twelve days, and during that time his bill became enormous. It included among other things 113 glasses of liquor – that’s ten drinks per day across the twelve days – and that’s excluding any beer.

Curry was persuaded to extend the credit on a recommendation from a Toowoomba publican. That publican was Mr. William Frazer of the Queen’s Arms Hotel in Ruthven Street in Toowoomba. Frazer would later run unsuccessfully for Toowoomba council.

As Bennett ran up his tab in Gatton, he told Curry that Frazer had guaranteed his expenses. This induced Curry to allow him to extend credit until it became obvious the money wasn’t going to be paid and so Bennett found himself in Ipswich court.

Bennett was found guilty, but the jury strongly recommended mercy. The mercy was possibly because he was a newly arrived young man of gentlemanly appearance who appeared to have been led astray by colonials. He was sentenced to just four months imprisonment with hard labour in the Brisbane gaol.

John Smith Bennett was in fact known by Frazer back in Scotland, He knew Bennett as the son of wealthy parents in Glasgow, and that his friends were wealthy people. Bennett had been a clerk in a bank at Glasgow and when there was of excellent character. However, when Bennett arrived in Queensland, Frazer saw him in Brisbane foolishly wasting his money and so suggested that he go to Toowoomba instead.

Bennett told Frazer that he was expecting a remittance from home of £50. Frazer therefore wrote a letter offering to be responsible for his bills to get to Toowoomba, but that was to the amount of £3 and no more. That was certainly a lot less that the debt that Bennett ran up in Gatton and why he ended up in court.

The really interesting part is what Bennett did after his Ipswich conviction.

Bennett went on to become the chief clerk in the Lands Department and the registrar of the Lands Court of Queensland. His father-in-law was a member of Queensland parliament and secretary for public lands, in other words, his boss. Bennett was elected member of the Coorparoo Shire Council and eventually became the mayor. When he died in 1929, he left an estate valued at £12,901 which today is $7.3 million.

Bennett’s Coorparoo home which he built in 1887 is still there and you can go see it today. It’s the heritage-listed home “St Helens” in Camp Hill. But when you do, remember it’s only there because the Ipswich jury had recommended mercy for the mayor from Brisbane.

CLICK HERE TO LISTEN TO A VERSION OF THIS STORY TOLD ON WEST BREMER RADIO.

Photo credits:
Old Ipswich Courthouse, 2024 – Harold Peacock 20241020_060709.
First hotel at Gatton – State Library of Queensland.
Councillor John S. Bennett new chairman of Coorparoo Shire Council – Brisbane Courier, 21st February 1919, page 8.
Old Brisbane Gaol c1890 – National Library of Australia.
St Helens, 13 Ethel Street, Camp Hill – Brisbane City Council.