Of Tragedy and Valor
Edward R Bolger

Victor Harbor - September 28 

South Australian Register (Adelaide, SA: 1839-1900) 

Wednesday 30 September 1863 Page 3

An inquest was held at the Victor Harbor Hotel, before Mr. J. Hindmarsh, J.P., on the body of Henry Weymouth, who met with his death by the falling of earth whilst engaged in a cutting on the Goolwa and Victor Harbor Tramway. 

The Jury having elected Mr. Thomas Burgess foreman, and being duly sworn, proceeded to view the body which lay in an adjoining room, and then returned to hear the evidence, which was as follows: 

— Benjamin Cornish, sub-contractor for Mr. Redman on the line of tramway— Was present on the work on Friday afternoon, when he heard one or more voices say "take care." Immediately looked round, and saw some earth in the cutting fall and knock the deceased against the earth-truck immediately behind him. Was on top at the time. Jumped down to assist, and saw deceased was injured. Went for the doctor. 

By the Jury— The usual precautions were taken, but the earth fell in quite unexpectedly. 

Charles Lill, foreman under Mr. Cornish— Was with three men working on the top and saw no danger. Saw the earth fall, and told deceased and the others ''to lookout." Did not know it was in a dangerous state. The usual precautions were taken to prevent the sudden fall of the earth, two legs being left as a support. They all had the same chance of escape, only that a truck was behind the deceased. Had examined the top about three minutes previously, but saw no crack in it. The fall was 10 feet high, and the truck was about 6 feet from the fall. Believed that if the truck had been 10 yards from the fall the accident would not have happened. Never had a truck there when a fall was expected. The cutting had been standing for three months, and this was the first fall since they last worked at it. 

By the Coroner -The nature of the ground was hard and appeared sound, and on that account they did not think extra precautions necessary. A fall always cracks before it falls. The earth that fell was only a part of the fall. 

Henry Pitchers— Was working alongside deceased. Asked him if there was any danger of its falling, and he said no. Saw the earth fall, and told the deceased to "lookout," but he had not time to escape. The earth hit witness on the leg. 

By a Juror—It was the blow against the truck that caused death. Deceased was sensible when he died. Blood issued from a scar on the side of his head, caused by coming in contact with the truck. There was also a gurgling sound in his stomach. He lived about half-an-hour. 

John Shuter— Was working with deceased at the time of the accident. Saw the earth fall and dash deceased against the truck, and bury him up to his legs. Did not think there was any blame attached to the contractor or those under him. Feared the cutting was dangerous because he had seen the sides fall in. Never heard the foreman caution the men respecting the danger of the cutting.

George Pope - Was working in the next cutting to the one in which the accident happened. Saw the deceased after the accident and saw him die. He lived about half-an-hour. Examined the cutting and saw no neglect on the part of the men. 

By a Juror— Thought that if the cutting had not been stopped the accident would not have occurred. In such a case extra precautions should have been taken in reopening the cutting. In the absence of Dr. Hill, the medical attendant Mr. Cornish stated that he went for the doctor, but when he arrived deceased was dead. The doctor said that death was caused by concussion of the brain partly and also from the rupture of the lungs. 

The Jury, without retiring, returned a verdict of accidental death. Deceased was a son of Mr. E. Weymouth, of Woodside. He has left a young widow and one child. His age was about 26. He had only been engaged about three hours previous to the accident.  He was buried yesterday, and on account of the respect entertained for him the attendance at the funeral was very large.’

The following are some extracts regarding E R Bolger Senior

“Arrived in the “Punch” from Tasmania
Occupation Mail Driver, Bullock Driver & Contractor.
Resided Hindmarsh Valley, Victor Harbor, Strathalbyn.
Religion: Congregational.

Edward Bolger married three of Malin & Alice Rumbelow’s daughters. 

First he married Mahalia Weymouth.

After Mahalia died he married Alice Jelliff. Edward and Alice were married for forty years before Alice died. Alice had no children of her own but she helped raise Mahalia’s children. 

After Alice died Edward married Emma Watson of whom it is said he wished to marry before she married Thomas Watson.” 

- The obituary in “The Biographical Index of South Australian 1836-1885”

Edward Robert Bolger 1st

“The Late Mr. E R Bolger - Died in his 82nd year at Strathalbyn on Sunday. Born at Hobart in 1845 and later the family arrived at Port Adelaide and came straight away to Hindmarsh Valley by bullock dray. From there they went to Port Elliot. 

When Mr. Bolger was 9 years old he was obliged to find work as a bullock driver. Until he was 20 he was a rural labourer but eventually became driver of the tramcar, which ran between Goolwa and Victor Harbor. This he abandoned in favour of road making. Later he became a storekeeper and a carrier. 

Was Past Master of the Corinthian Masonic Lodge (associated with it for 35 years) and with the Manchester Unity of Oddfellows for 60 years. For years a member and Chairman of the District Council. In 1898 E R Bolger purchased Lot 90 in Ocean Street from John Hindmarsh. Here a two storey shop was built a year or two later.  

E R Bolger took over the Encounter Bay store and Post Office from J S Reid in 1884. “ 

From “The Victor Harbor Times” 18/3/1927 - Obituary.

Another newspaper cutting (not dated) states 

“ Mr. Edward R Bolger, who is the direct descendant of an Irish Lord, carried the mails from Goolwa to Yankalilla in the early days on horseback and he had to ford the Hindmarsh and Inman rivers which were no inconsiderable streams.”

Mr. Edward Robert Bolger

•  Observer (Adelaide, SA : 1905 - 1931) 

•  Sat 19 Mar 1927 

Mr. Edward Robert Bolger, whose death in his eighty-second year occurred at Strathalbyn last Sunday, was formerly a well-known resident of Encounter Bay, with the progress of which district he had been associated from the earliest days of its settlement. He was born at Hobart in 1845 and five years later came to South Australia. The family landed at Port Adelaide, and immediately proceeded to Hindmarsh Valley in a bullock dray. They subsequently went to Port Elliot, where Mr. Bolger'a stepfather died. 

Edward Robert Bolger was nine years old at that time, and he was obliged to seek employ-ment as a bullock driver to assist to support the home. 

Until he attained his twentieth year he was a rural labourer, but he eventually secured employment as a driver of the tramcar which then ran between Goolwa and Victor Harbour. This avocation, however, he abandoned in favour of roadmaking. At the latter pur-suit he saved sufficient to purchase a business at Encounter Bay, from which he retired in 1915. 

He was a member of the Corinthian Masonic Lodge for about 35 years, and was also associated with the Manchester Unity of Oddfellows. He was for years a member, and subsequently Chairman, of the Encounter Bay District Council. 

He was an ardent advocate of the proposed Goolwa-Victor Harbour canal, which he believed would be of inestimable value to Victor Harbour and the southern coast generally.

Obituary - The Late Mr E R Bolger

The Victor Harbor Times

18/3/1927

Died in his 82nd year at Strathalbyn on Sunday. Born at Hobart in 1845 and later the family arrived at Port Adelaide and came straight away to Hindmarsh Valley by bullock dray. From there they went to Port Elliot. When Mr Bolger was 9 years old he was obliged to find work as a bullock driver. Until he was 20 he was a rural labourer but eventually become driver of the tramcar which ran between Goolwa and Victor Harbor. This he abandoned in favour of road making. Later he became a store keeper and a carrier. 

Was Past Master of the Corinthian Masonic Lodge (associated with it for 35 years) and with the Manchester Unity of Oddfellows for 60 years. For years a member and Chairman of the District Council.  In 1898 R E Bolger purchased lot 90 in Ocean Street from John Hindmarsh. Here a two storey shop was built a year or two later. E R Bolger took over the Encounter Bay store and Post Office from J S Reid in 1884

LAW COURTS.

• Southern Argus (Port Elliot, SA : 1866 - 1954) 

•  Sat 21 Dec 1867 

MAGISTRATE'S COURT, PORT ELLIOT. MONDAY December 16

ROBBERY FROM A STORE.— Edward Neighbour was brought up in custody by Lance corporal Simpson on a charge of stealing from the store of Mr. Heggaton, Victor Harbor. Mr Lowe appeared for the prisoner. Thomas Adams, being sworn, said 

I am assistant to Mr. Heggaton, and have charge of his store at Victor Harbor. Oh Saturday night, between 7 and 8 o'clock, the prisoner came to the shop. I went to a room adjoining to a cash-box for change. I had to take out some notes. As the prisoner stood in the shop he might see the cash-box and notes, and where I placed it. I put it back into the cupboard I took it from. Prisoner went away soon after. On Sunday morning I left for chapel at 25 minutes past 10. I saw the cash-box, and covered it up. I shut the back door, locked it, and took tbe key. When I got to chapel prisoner was there. He went out about 20 minutes after I came in. The chapel is about 120 yards from Mr Heggaton's store; three or four minutes walk. Prisoner came back in about half an hour. When chapel was over I went straight back I found tbe doors broken open and cashbox gone. The contents of the cashbox were £15 or £16 in £1 notes, cheque of .J. S. Harding's for £2, another cheque for £1 5s. 4d, and £4 in silver. From infor-formation I received I went in the direction of the scrub, accompanied by Mr Bolger. Tracked to a grass tree. Found the cash-box there, but broken by a limestone produced. I had the key in my pocket. It fitted it. Prisoner has been often at the house. I have known him for years. He knew my habits and times of leaving. 

Cross-examined by Mr Lowe — Was certain the blind to the glass window would not prevent the prisoner seeing the cash box. I could see the prisoner from the room in the shop. E.R. Bolger described the tracks, and gave certain reasons for going in the direction of the grass trees, where he found the cash box, broken open, and empty, except a copper coin. The box produced in Court is the one so found. 

Mrs Bolger, wife of last witness, said— Saw prisoner leave the chapel. Had afterwards to go out with her infant. Saw prisoner going in the direction of the scrub, between her house and Misen's, He appeared to hold one of his arms behind him. It was not hanging down. Lost sight of him after passing her house. He returned to chapel in about half an hour. He looked very white. She thought he was ill. When she heard of the robbery she told her husband. When she first noticed him from the porch of the chapel he was coming from the direction of Mr Heggaton's store. 

WHERE HISTORY WAS MADE

•  The Mail (Adelaide, SA : 1912 - 1954) 

•  Sat 4 Dec 1926 

Romantic Associations of Encounter Bay HEROINE OF "PAVING THE WAY" HALE AND HEARTY

The glamor of old romance hovers o'er Encounter Bay, that quiet stretch of beach where the mighty rollers of the Southern Ocean give their final thrust as they complete the long journey from Arctic climes. Within the sound of the waves rest many pioneers who helped to cultivate tiny patches of soil, or who engaged in the more exciting occupation at whaling before Adelaide was dreamed of.

A former resident for many years is Mr. E. R. Bolger, who is 85, but went to Strathalbyn to reside recently.

He achieved rather a unique distinction in that he married three sisters, having tied the nuptial knot for the third time comparatively recently.  He married in succession Mesdames Weymouth, Jeliff, and Watson. 

Australian Shipwrecks

(Charles Bateson) Vol. One 1622-1850

"The brig "Lady Denison" sailed from Adelaide SA on 17th April 1850 for Hobart Tas. but never reached her destination.  There was a suspicion at the time that the convicts who were included among her passengers had seized her and sailed for San Francisco, California, but her arrival there was never reported.  In 1853 it was stated that a policeman at Ovens NSW had identified a woman at an inquest as one of the Lady Denison's prisoners.  She was the wife of a German, August Penzig.

In June a pilot reported that he had seen the Lady Denison off the coast and a few days later the master of the whaler Augustus, Captian Young, also said he had seen the brig.  He added that there was no mistaking her peculiar build.  However, in reporting these sightings O'May gives no dates, which necessarily destroys their value as evidence.

It seems more probable that the Lady Denison was totally wrecked off the west coast of Tasmania.  In July a sealer at Emu Island told Captain Duncan, master of the schooner Lapwing, which had anchored in Emu Bay, that about a month before he had found a longboat on shore at Church Rock, about four miles north-west of the Arthur River.  It was lying on shore, bottom up, and had the name Lady Denison on it.  Several oars, part of a cabin, a poop ladder, one of the tops, various articles of clothing and other articles were found strewn along the beach for some miles.  The suggestion that these articles had been scattered along the beach to create the impression that the Lady Denison had been wrecked is scarcely feasible.  It is unlikely that the convicts, if they had taken possession of the brig, would have gone to the length of partially dismantling a cabin, throwing away a poop ladder and removing a top, a platform at a lower masthead in square-rigged vessels used for spreading the topmast shrouds and as a working floor when making rigging repairs.

If the Lady Denison foundered at sea the death roll must have been nearly forty people.  She was carrying sixteen passengers, eleven convicts and three constables, a total of thirty, in addition to her crew, which probably numbered about seven or eight.  It is possible, of course, that some survivors got ashore, and if they were prisoners they could well have refrained from reporting the brig's loss so as to regain their freedom.  This may explain the later identification of the wife of August Penzig.

The Lady Denison was stated to be a brig of 200 tons.  She had been built at Port Arthur Tas. in 1847 and was in command of Captain Hammond.

• Sources (from SAR 1 Aug), 14 Aug 1850, O'May. Wrecks. 39-41; O'May Hookers 46, 98-9; Lawson 93, 219."in addition to her crew, which probably numbered about seven or eight.  It is possible, of course, that some survivors got ashore, and if they were prisoners they could well have refrained from reporting the brig's loss so as to regain their freedom.  This may explain the later identification of the wife of August Penzig.

• Sources (from SAR 1 Aug), 14 Aug 1850, O'May. Wrecks. 39-41; O'May Hookers 46, 98-9; Lawson 93, 219.”

__________________________________________________________

Edward Robert Bolger 2nd (Bob) (3rd child) was born at Port Victor on 22nd June 1867 and married Eva Emily Maidment on 25th December 1890. His occupation was listed as “Storekeeper and Gentleman.” Edward Robert Bolger 2nd and Eva Emily Bolger (nee Maidment) parents to Robert Perciful Roy Bolger born on 12 December 1891 at Encounter Bay.  Bob and Eva had three children; Robert, Marjorie and Edward. 

Brian Bolger was born at the Royal Women’s Hospital in Melbourne on November 13th 1924.  He was the son of Glynda Helen Bolger, and great-grandson of Mahalia Bolger (formerly Weymouth nee Rumbelow). 

My research shows that Robert was one of ten known children of William Bolger & Mary Ann Ellis. I believe that William died prior to them leaving for Australia.  Mary Ann, the daughter of Edward Ellis, an attorney, landed in Western Australia (the Swan River Colony) with her children and her brother, Theophilus Tighe Ellis, who was "In that colony he was in succession a Government Resident at Kelmscott and later Superintendent of the Corps of Mounted Police. He was fatally wounded in the fight at Pinjarra in 1834. ‎[Source: Western Australia Police Historical Society]‎”.  They arrived aboard “James” in 1830.

Anna Maria Bolger (nee Geary) married Robson Ebenezer Thomlinson on 20th January 1851 and they had three known children.  Robson died in 1856 at Port Elliot.  Anna then married George Bishop in 1858 at Port Elliot and they two children.

E R Bolger married Mahalia 1 Sept 1866 in Victor Harbor.  He was noted to be a labourer.  Mahalia had married Henry Matthias Weymouth at the Tabernacle Church in Victor Harbor on 2nd February 1861. Their son, also Henry Matthias, was born 15 October 1861.  Henry Matthias Snr was killed 25th October 1863.  

Note that Henry Pitchers who is noted in this article was Mahalia’s 1st cousin. 

Mahalia gave birth to their 2nd son on March 2nd 1864.  Mahalia then married E R Bolger (I think that I have heard that he was often referred to as “Lord Ted”) and they had four children viz: 

Edward Robert (2nd) “Bob” born 22 June 1867

Alice Anne born 20 July 1869

Leonard born 11 Nov 1871

Theophilus born 31 Dec 1873.  Sadly Theophilus died 28 March 1875 followed by Mahalia’s death 21 January 1879.

E R Bolger was then left with five very young children.  I can only presume that Alice who had been widowed in 1877 after 22 years of marriage, stepped in to assist to look after these children and eventually married him. 

E R & Alice married at  “the Dwelling House of Edward Robert Bolger, Port Victor”. He was shown as Widower, Contractor of Port Victor.  

Note that at that time in England (& possibly in some Australian states) it was illegal to marry the sister of a deceased wife but it appears to have been legal in South Australia in 1890.  Was it legal in 1879?

South Australian Register, Tuesday 10th June 1890 Page 4

MARRIAGE WITH DECEASED WIFE'S SISTER.

The British House or Commons has again affirmed the principle of marriage with a deceased wife's sister. South Australia settled the question for herself long ago, and settled it satisfactorily.

Nevertheless, Australians, in common with the denizens of Greater Britain generally, have still something at stake in the matter. The subject has an Imperial aspect, which largely and closely

affects us. The question at issue is the continuance of an unjust and irritating restriction or the establishment of a wise and an equitable uniformity. As the law now stands an Australian may marry his

deceased wife's sister here without the issue of the union bearing the slightest taint of illegitimacy. The children by such a marriage are placed under ban of no kind. They suffer no legal or natural disabilities. They

enjoy equal rights with the oflspring of any other form of legitimate marriage. But once across the ocean all this is changed. British law will not recognise the validity of the contract. It practically declares all unions of the 

kind contracted within the United Kingdom void. The result is that either the husband or the wife joined in wedlock in the colonies under the conditions noted may repudiate the marriage in England, and the law

will grant no redress, while the issue of the marriage is regarded as illegitimate. Consequently children by such marriages are not recognised in the devolution of property. Anything more flagrantly unjust or more notoriously

absurd cannot well be imagined.

The British Commons affirmed the principle by a majority of 67, 222 voting for the second reading of the Bill brought in by Mr. Gardiner, and 155 voting against it. The debate on the subject produced nothing new. The same old arguments were

trotted out, the same old prejudices aired. Opponents of the measure contended that the legalizing of marriage with a deceased wife's sister would subvert family life — the bulwark of Christianity and the foundation of

social order. That was their opinion, but they failed absolutely to establish its truth. A good deal of rhetoric was indulged in as to the horrible consequences that had followed the adoption of the law in Victoria, but

the exact nature, of those consequences did not appear. The proportion of flabby sentiment to statement, of fact was overpoweringly great. The whole discussion on the side of the Opposition was indeed

feeble in the extreme. For the more part where there was not misconception there was misstatement ; where there was not ignorance there was prejudice. The whole attitude adopted by the opponents of the measure implied

that it was a question whether there should be marriage with a deceased wife’s sister or not. To assume such a  position was absurd. There was no such issue before the House. There have been,

there are, and there will be marriages of the character in question. The point was whether marriages of the kind should be made legal — whether they should continue to carry with them the gravest disabilities. To rely upon

a text of Scripture, variously interpreted, as a reason against change is a fashion which one would have thought had long since died out. Nevertheless, it was again resorted to by the advocates for the retention of the existing marriage

laws, But what was intended to curse came but to bless. The other side were able to plead that the passage in Leviticus, which has been so often hurled at the head of the marriage law reformers, did not in the opinion 

of German revisionists forbid marriage with a deceased wife's sister ……

Another newspaper cutting (The Mail, Saturday, December 4, 1926 - Page 17) states "Mr Edward R Bolger, who is the direct descendant of an Irish Lord, carried the mails from Goolwa to Yankalilla in the early days on horseback and he had to ford the Hindmarsh and Inman rivers which were no inconsiderable streams.”  I have yet to prove that he was a direct descendant of an Irish Lord.  His g-grandfather, Edward Ellis, was an attorney and left considerable money in his Will.  There are certainly references to the family being "Well To Do” but I require proof before I subscribe to that.

The Victor Harbor Times and Encounter Bay and Lower Murray Pilot (SA: 1912-1930) Friday 15 January 1915 Page 2 -

'GENUINE SALE. 

IN THE INSTITUTE, VICTOR HARBOR. WEDNESDAY. JAN. 20th, 1915, at 2.30 p.m. 

FREEHOLD LAND WITH STORE, ATTACHED DWELLING, WOOD YARD, CHAFFHOUSE, &c. (as going concern). BAGOT, SHAKES & LEWIS, Ltd. are instructed by Mr. E. R. Bolger, sen., to sell, as above, his PROPERTY AT ENCOUNTER BAY with double frontage to main road to the Bluff and Waitpinga, being part of Sections 82 and 3, Hundred of Encounter Bay, containing in all 4 Acres, 2 Roods, 26 Perches, or thereabouts, being more particularly described in certificate of title No. CCCCLXXVII, Fol. 55, and No. 537, Fol. 116, and on which is erected Substantial Stone Store (18 x 30) with Dwelling of 8 Rooms attached, also Stables, Barn, Wood Yard, Sheds, &c. This is a going business, and only comes into the market owing to Mr. Bolger’s ill-health, It is a proposition well worth consideration of young energetic man or woman with small capital, as it will be sold cheaply, Mr. Bolger being anxious to leave at once. In connection with the store is the post and telegraph office, and daily mail contract to and from Victor Harbor, one mile distant. The land is subdivided into yards and paddocks, one of the latter being under lucerne, which grows luxuriantly, with well (permanent water) and windmill. Stores in stock and en route to be taken at cost price. Blackstone 10-H.P. Oil Engine, and also Horses, Carts, Buggy, Harness, and Working Plant generally at valuation. Early inspection invited —this can be done in one day from Adelaide, and can be arranged and fuller details given on application to the Auctioneers, Adelaide or Strathalbyn.

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The Victor Harbor Times and Encounter Bay and Lower Murray Pilot (SA: 1912-1930) Friday 17 May 1918 Page 3 -

'A Historic Figure.  At the laying of the foundation stone of the new Church at Encounter Bay were Mr and Mrs Bolger.Mr Bolger has the proud record of having sat under the ministry of every Congregational Minister of the district including the first minister who began here in 1839.’

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He was also the Registrar and signed many  Birth, Marriage & Death entries in Victor Harbor.

He married Emma Watson (nee Rumbelow) at her home in Ambleside on April 21st, 1921.  Alice had died 17th April 1920.

Postal descendants bring early mail re-enactment to life

Victor Harbour Times (SA: 1932-1986) 

Friday 24 October 1986

About 30 descendants of early Victor Harbor post masters helped re-create history at the re-enactment of the first mail run from the Adelaide GPO to Encounter Bay on horse back on Tuesday.

The re-enactment, organised by the Inner Wheel Club of Victor Harbor and Encounter Bay, proved to be one of the most popular events of the busy Encounter Festival program with hundreds of local residents and visitors being joined by students from the three Victor Harbor schools.

Descendants at the ceremony included six generations of the Thring family - Mr William Thring was post master from 1862 to 1863, and four generations of descendants of Mr Ed. Bolger including 94-year-old Mr Roy Bolger. Fine warm weather and 1830's costumes added to the atmosphere of the re-enactment which began at the GPO at 6 am. Eight riders riding relay, brought mailbags of specially franked mail from local resdidents to Victor Harbor. They were met at Connell Reserve by the Mayor, Mr Eric Ashby and his wife, who joined the procession in Mr Des Dent's Victoria carriage, members of the Southern Harness Club, the Victor Harbor Riding School and two, penny farthing bicycles and riders. 

The procession which was heralded through the streets by town crier, Mr John Gordge, was led Mr Doug Bunker with his massive Clydesdales pulling a hay cart. The procession was joined by the school children at Bay Road, before moving to the site of the first local post office, built by Mr Ed Truslove in 1866, on the corner of Maud Street and Bay Road, Encounter Bay. A second post office was later built in the Maud Street vicinity by Mr Ed Bolger. Recently retired police officer and former Victor Harbor resident, Mr George Waye, suitably dressed in early police uniform, delivered the mailbags the final leg and handed them to acting Victor Harbor post master, Mr Andy Home for delivery. Inner Wheel president, Mrs Laurel Humphris, told the gathering that as early as 1839, the mail was brought to Encounter Bay by police trooper on horseback, with the first postal business being transacted in a police hut. The ceremony culminated in the unveiling of a plaque commemorating early postal history in the vicinity of the first post offices. The plaque, attached to a huge boulder, was unveiled by Mr Steve Reid, whose grandfather, Mr John Scarth Reid was the local post master from 1878 to 1884.'

An accompanying photograph was captioned 'Specially franked mail from local residents is delivered by Mr George Waye to the Mayor, Mr Eric Ashby, who in turn gives it to acting local post master, Mr Andy Horns, at Encounter Bay .'