The accused wouldn’t let the case die and so 150 years ago an alleged murder went all the way to the Queensland supreme court. I told a version of this story live on Darling Downs radio 4AK.

In 1875, Highfields farmer John Sondergeld died very suddenly. Rumours circulated that he was murdered. After all, he had been assaulted in a dispute over the possession of his farm, and he died just four days later.

Sondergeld had been involved in disagreements before. A few years earlier, he and his friend and neighbour Christian Schmind sued and counter-sued each other over alleged threatening language and assault.

And before that, Sondergeld advertised in the newspaper that he had been deserted by his servant Miss Margaret Ryle for the last time, that he would never accept her back into his service again, and gave notice that as soon as he got the chance he would marry some respectable girl or widow. Twelve months later he actually married the wayward Miss Ryle.

Sondergeld’s fatal altercation was with the formidable Mr Archibald Bearkley who was Highfield’s biggest property developer. Bearkley became famous for building the Welcome Home Hotel, Perry’s Hotel, Railway Hotel, and Rangeview Hotel all at Highfields and neighbouring Cabarlah. He was a staunch friend of the politician William Groom who was the inaugural mayor of Toowoomba and the only transported convict ever elected to the federal parliament.

Bearkley wanted Sondergeld’s farm. A deal for £215 was struck, a £100 deposit paid, and a promissory note given for the balance. But the note wasn’t passed on by the real estate agent, and so Sondergeld refused to sign over the property.

Bearkley wasn’t happy and so went to the farm and turfed Sondergeld, his wife and children, and all their possessions out onto the road. That included all the house contents, food, beds, everything, as well the horses and cattle out of the paddock.

What’s more, Bearkley told his men to “cut Sondergeld down and murder him” and he would “take the consequences.” He told Sondergeld if he came inside the fence he would “blow his brains out”.

Naturally violence ensued, one of Bearkley’s men with a club hit Sondergeld on the cheek. Bearkley struck him with the club across the chest and the back, and was about to strike Sondergeld for a third time but was stopped by someone telling him not to commit murder.

Four days later, Sondergeld suddenly died. The doctor said it was heart disease. The police said the death was accelerated by his injuries. Bearkley was charged with murder, but the crown prosecutor said there wasn’t enough evidence and so dropped the case.

But Bearkley wouldn’t let the case rest and took everyone back to court. You see, the late Sondergeld had appointed his friend and fellow Highfield farmer Michael Purtill as executor of his estate. Bearkley still wanted Songergeld’s land, but the Irish-born Purtill resisted pressure to transfer his friend’s property.

You should understand that Michael Purtill was the patriarch of a family that in the 19th and early 20th centuries stood firm in the Highfields district.

For example, Michael’s son Stephen Purtill was unanimously elected chairman of the Highfields shire council. Michael’s nephew was police sergeant Patrick Purtill in charge of police stations across the state. His nephew another Michael Purtill was seriously gored by a one-horned bull. His brother Patrick Purtill was gored and killed by a two-horned bull. A son Sinon Purtill was killed in action during the First World War. A grandson John Purtill was executed by the Japanese in the Second World War. A granddaughter Stephanie Purtill was awarded an M.B.E. after her service in the Second World War.

And so it should be no surprise that Purtill resisted Bearkley’s insistence to go through with the deal. And that’s why Bearkley took the case to the supreme court even after being acquitted of murder himself.

The case was heard before his Honour Sir James Cockle. Cockle was the first Chief Justice of Queensland. His cases included the conviction of the Darling Downs bushranger called the Wild Frenchman, and the sentencing of a man who at over seventy years old was the oldest person ever sentenced to death in Australian history.

The judge found that the final amount of money had never been paid and so ruled substantially in favour of the estate’s executor Michael Purtill.

Purtill died four years later at just forty-five years of age. Bearkley, on the other hand, lived to be one of the oldest residents on the Darling Downs, passing away at the ripe old age of ninety-three years. And I don’t think he ever did get the Sondergeld land, after what must be one of the strangest alleged murders and legal cases ever.

CLICK HERE TO LISTEN TO A VERSION OF THIS STORY TOLD ON RADIO 4AK.

Photo credits:
Representation of the Sondergeld eviction Highfields 1875 – Copilot_20250904_213535.
William Henry Groom – State Library of Queensland.
Eileen Stephanie Purtill – National Archives of Australia.
Sir James Cockle 1819-1895 – Hearsay.