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Kenneth Brown
Aidan Kelly
Frontier childhood 1837-1851 (aged 0-14)
Kenneth Brown 1, father of RWAHS co-founder Edith Cowan, was born in Cuddesdon, Oxfordshire, England in 1837. 2 Aged four, he arrived in WA in 1841 on the Sterling with his parents Thomas Brown (1801-63) and Eliza Bussey (1811-96) and his brother Vernon. 3 The family established itself by purchasing a farm at York (the Grassdale property). Kenneth's childhood experiences defined him and his mother described him as:
Possesses judgement and self respect, is an expert swimmer, dead shot but not too much engrossed in sport but a good deal practiced in it. God grant that his gifts may be used in the service of the Giver, let him not lean to his own understanding, he is not likely to bow much to human opinion, but mercifully grant him grace to seek the Divine Will and to walk before Thee in the land of the living. 4
Eliza wrote to her father to raise the possibility of Kenneth - then aged eleven - attending an English grammar school. She said that ‘he has a judicial turn and the boy seems to keep constant to the idea that he will be a barrister’. 5 Ultimately it was accepted that Kenneth was more practical than literary. He was raised to handle horses, ride long distances, be a bushman and shoot straight. This seems to be what his family wanted. They were proud of Kenneth although there was some concern about his lack of formal schooling:
Kenneth will be 12 years old in August. I delight to look upon him, perfect in form and feature, but he is making very slow progress intellectually and in great danger of becoming too much the rustic. 6
Up to age fourteen he experienced a range of character building events including:
• Riding long distances on horse-back, in one instance over 100 miles to fetch a doctor for his mother during child birth - possibly saving her life and that of his sister Janet. 7
• Witnessing his brother Vernon drown in a billabong. 8
• Being speared by a glancing blow through the midriff in a game of spear jumping’ (jump the spear after it is thrown directly at you). 9
• Attaining fluency in some native language(s).
• Skirmishing with hostile aborigines, many probably fatal skirmishes.
• Travelling overland with stock from Grassdale to Glengarry with a pioneering group of settlers including his father, J.S. Davis, Major Logue and John Drummond, to establish the Glengarry property on the Greenough River. 10
Building a business and exploring 1851-73 (aged 15-36)
Kenneth's father Thomas Brown led a successful and busy life 11 and many of his life decisions shaped Kenneth's life. 12 Thomas was a magistrate from 1851 until his death in 1863 13 and although he owned the legal title to Glengarry he was not closely involved in its operations. That was left to Kenneth.
The move to Glengarry coincided with a significant growth period in the Western Australian economy associated with expanding the northern settlements and the introduction of convict labour (1850-68). Initially assisted by paid managers, including J.S. Davis, 14 Kenneth was joined at Glengarry in the early 1860s by his younger brothers Aubrey (1841-1903) and Maitland (1843-1905).
Together, after their father died, the brothers operated under the partnership of K & M or K.A. & M. Brown. They ran Glengarry and associated properties for the horse trade with a great deal of success.15 At one stage the operation covered more than 1,200 acres of agricultural land, 300,000 acres of pastoral land, ran 20,000 sheep and employed more than 100 ticket-of-leave men.16
Horses were Kenneth's passion (owning, breeding, racing and selling), some of the highlights included:
• Exporting cavalry horses (remounts) for use by the Indian Raj (this involved travel to Galle, Madras and Calcutta) - on one trip Kenneth won a prized silver cup - probably in Calcutta.
• Importing thoroughbred blood stock, and standing at stud sires such as Sir Hugh (Irish import) and Flemington (Victorian import) which formed the basis of part of their successful horse-breeding enterprise.
• Turf racing in Perth and regional areas such as Champion Bay and York as an owner and a rider (the Browns’ colours were usually white jacket and crimson cap). Some of the more successful horses included the The Clansman, Hinda, Asteroid, West Australian, Victorian, Priestess, Sultana and Fanny.
• Holding membership of the WATC from 1860 and being appointed as a steward between 1867-1874 along with Anthony O'Grady Lefroy, Augustus Lee-Steere, Carl Von Bibra, Thomas Burges, Walter Padbury and Henry Weld-Blundell.17
• Leading the formation of the Victoria Turf Club in 1861 (later known as the Geraldton Turf Club) and wining one of its first races.18
At age 17 Kenneth was included in Robert Austins 1854 expedition to the Murchison as a sponsored volunteer.19 His tasks were to handle the horses, carry the instruments20 and shoot fauna specimens. Kenneth was praised many times for his character, ability and all-round bush skills:
Of Mr Kenneth Brown, the youngest of my party, I can hardly speak too favourably in acknowledgement of his zealous,
cheerful and faithful discharge of the many important duties his high courage, good principles and great energy induced me to intrust to him. He has charge of all my instruments and papers, and collected most of my specimens of natural history; and it is mainly attributable to his great care and presence of mind that I have brought them in uninjured. He was an indefatigable and successful sportsman, and brought two horses back that carried his loads.21
Other notable points included:
• Being the youngest member of the expedition.
• Having Mount Kenneth named after him. 22
• Magnanimously sharing his boots with another member of the party, James Fraser, when traversing rough terrain after Fraser's own boots had failed, each using a single boot to cross the rocky breakaways..
• Shooting many fauna specimens, including what became the type specimen of the Night Parrot which today is one of Australia's most rare and mysterious birds. 23
• Carving his initials ‘KB 1854’ on the wall of Carved Cave Springs. 24
• Showing little or no emotion at the death of Charles Farmer. 25
• Being the only person on the expedition to return with both his horses (many died from eating poison weed).
• Being the ‘last-man-standing’ when the exhausted expedition reached the Geraldine mine on 20 November 1854. 26
1869 Kenneth married Mary Wittenoom (1839-68), daughter of the Rev. John Wittenoom. They had seven children of whom the four eldest survived: Blanche born 1860, Edith 1861, Forrest 1862 and Clarence 1864. Mary died in September 1868 ‘in or ‘soon after childbirth. In February 1869 Kenneth took the children to Perth for parenting and schooling. After that it appears Kenneth played little if any role in caring for them. Initially they lived with their grandmother Eliza in King William St, Fremantle (then aged 9, 8, 7 and 4) and later boarding school.
In 1863 Kenneth led an expedition 27 from Champion Bay to the Kimberley to investigate the suitability of the area around Camden Sound and the Glenelg River for pasture and/ or settlement. 28 The expedition went for two months and on return Kenneth gave a mixed but generally negative assessment of the areas potential. 29 Notably on that expedition:
• There were a number of confrontations and fatal skirmishes with aborigines.
• The area was later promoted by others as a viable area for settlement but by 1865, as predicted by Kenneth, it proved to be a miserable failure. 30
• Kenneth's father Thomas died at Champion Bay when the expedition was away.
• Kenneth subsequently brought an action in the Supreme Court for breach of contract against Lockier and Thomas Burges to recover £200 from them for the cost of the expedition. 31
Arguably Kenneth was at the peak of his powers between 1854 and 1874 (between the ages of 17-37). As a land owner he was a leading figure in Champion Bay and espoused political views on a range of matters including responsible government, 32 land regulations and reducing public spending on infrastructure in favour of private investment. He attended public meetings on political matters of the day and appears to have been an assertive and confident speaker though barely literate.
After his wife died his priorities were altered. Glengarry was definitely up for sale (although first advertised for sale in May 1868). 33 In 1871 Kenneth's frustrations with the local scene may have increased because some race meetings were prohibiting acceptances from horses sired by Sir Hugh and limiting some of the main events such as the Queens Plate to horses that had not previously won the event. This ruled him out of some of the premium races and can only have encouraged him to think about taking his mounts elsewhere.
In July 1872 the Brown brothers’ partnership was dissolved and Maitland paid out Kenneths share by increasing the mortgage. The property was then leased to Colonial Secretary Frederick Barlee (in partnership with a Mr Major). The lessees ultimately purchased the property in 1877 for £25,000 - a record at the time for that kind of property.
Based on a three-way split between the brothers, Kenneth would have pocketed at least £7,000 on exiting the partnership (but this figure may have been higher because it appears that Aubrey may not have been paid out as much as Kenneth and Maitland). The equivalent amount is approximately $500,000 in 2015 dollars. At this point money was no barrier to Kenneth’s wants, plans and aspirations.
Kenneth Brown, photographed in Melbourne, 1874 (RWAHS collection). >
Ambitiously quitting the local scene 1873-1876 (aged 36-39)
After the 1873 Perth summer racing carnival Kenneth took Victorian, 34 Hinda and Asteroid, three of his best horses, to Melbourne for the Melbourne Cup with his trainer-jockey Henry Woolhouse. 35 Melbourne was flush with cash and turf racing was the most exciting spectator sport and greatest social event of the time. Considerable effort was spent preparing for the big race and the Australasian made repeated references to Kenneth’s chances. ‘Augur’in 'Turf Gossip’referred to Kenneth as a ‘plucky sportsman’ but after inspecting his Remington stables said there was ‘nothing much to fear about the champions from the West’. 36
Victorian showed good track work. His odds shortened to 20 to 1 for the Cup after finishing third to Dagworth in the Melbourne Stakes on the first day of the VRC spring carnival. 37 Five days later, on Thursday 6 November, the favourite Don Juan won the 1873 Melbourne Cup by six lengths (first prize money £1,360), with Dagworth second (£50) and Horatio third (£20). Victorian finished fourth last out of a field of 24. Victorian continued to race and was placed third in a minor event at Williamstown. Somewhat ironically, after switching to hurdles races he died on the track of a broken neck. 38
In Melbourne Kenneth enjoyed a fast life and had difficulty maintaining his finances, gambling would have helped that toll.
He married Mary-Ann Tindall in December 1873 39 and they stayed in Melbourne for several more months.
Maitland Brown visited Melbourne in February 1874 and it is likely that’s when the photographs from Hewitt’s Swanston Street studio were taken. These show the brothers in matching suits and Mary-Ann in free-flowing robes, being pregnant at the time.
Murder victim: Mary-Ann Brown in 1874 (RWAHS collection). >
After Melbourne, Kenneth headed to New Zealand. 40 It's likely Kenneth left Melbourne about April 1874 arriving in Auckland not long before the birth of their daughter Rose. 41 The first unambiguous newspaper record is July 1874 when he applied for the transfer of a liquor licence for the Courthouse Hotel. 43 Thereafter Kenneth continued to attract attention:
• On the night of Friday 8 January 1875, while travelling from Auckland to Thames on board the steamship Manaia, Kenneth brawled with John Leydon (a local auctioneer/ shopkeeper) over the use or possession of a bunk. 43 Kenneth sustained ‘damage to his face’ and the quarrel continued the following morning when Kenneth went to Leydon's store and assaulted him. Leydon stood his ground and held Kenneth until the police arrived. Kenneth was charged with assault (it seems the assault charge was for the Saturday morning incident and not the Friday night incident as the charge also included an assault against Bridget Leydon at the shop).
Towards the end of January 1875 Kenneth placed a debtor and creditor notice in the newspaper suggesting a weak cash flow and failing business.
On 5 February 1875 Kenneth applied to transfer the Courthouse Hotel licence to another publican, the application was granted - so he was licensee for about 6 months.
Life for Mary-Ann in New Zealand was tough on the domestic front. On 31 March 1875, having been away from the house all day, Kenneth arrived home drunk and violent. She alleged he came after her with a gun threatening to kill her. She pressed a charge saying it went against her heart to testify against him but she was afraid for her life. Kenneth denied the charge saying he did not have a gun in his possession at the time. Thae was no reason given for the altercation and the court placed Kenneth on a bond to keep the peace for three months. 44 Later a newspaper report would state that Mary-Ann was an intelligent and inoffensive young lady. 45 While in Thames she gave birth to her second daughter Amy (probably in about April or May 1875) and it's likely that Mary-Ann was pregnant at the time Kenneth allegedly threatened her with a gun.
Soon afterwards the Browns shipped to Melbourne onboard the SS Omeo arriving in Hobson’s Bay 7 September 1875. The passage was extremely rough and a note of thanks to the Captain was published by the passengers. 46 From Melbourne Kenneth and his family headed back to Western Australia via King George Sound, arriving on board the RMSS Nubia on 16 October 1875.
At King George Sound the family boarded the Georgette bound for Fremantle and Champion Bay. Kenneth was known to ship's captain Michael O’Grady and many of the local passengers who included John Forrest 47 and Edward Marmion. Their first impressions of Kenneth after his two year absence from the Colony included that he appeared drunk and had difficulty remembering past events and acquaintances.
Several on-board incidents drew more attention to Kenneth’s behaviour and general disposition, including punching his wife in the head, occupying another lady’s cabin and rambling about his exploits in Melbourne, such as horse racing and debauchery. He told Captain O’Grady that ‘he had been wronged in Victoria and had lost his money which had depressed his spirits’.48 There was no mention of his time in New Zealand: perhaps this was avoided to escape a messy past and allow another fresh start?
When Kenneth and his family arrived in Champion Bay they initially stayed with Maitland but soon took rental accommodation elsewhere. 49 There were various reports of Kenneth being drunk or aggressive, constantly arguing with his wife, challenging other men to physicality and being a shingle-short’. 50 Maitland recognised problems and considered Kenneth to be uncharacteristically vague, unhappy and possibly suicidal. 51
The festive season passed with little harmony. On the morning of Monday 3 January 1876 an unhappy marriage turned to domestic violence. The day was put aside for moving from one rental house to another, location undecided. Undoubtedly this would have added to the general level of frustration and the gravity of Kenneth’s negative state of mind.
George Simpson, carter, was hired to pack-up. He observed Kenneth as dazed and confused, like a man that was in drink or something’, commenting that his eyes looked wild’, and ‘he wanted to put on two pairs of boots’. ‘Mrs Brown said “take nothing to drink from Mr Kenneth; what you want I’ll give you.’” ‘Mrs Brown asked [Mr Brown] if he had a place to go to and he replied “I’ll find a box for you.’” 52 At about 11.40am
Kenneth enquired with Griffin the local telegraph clerk about renting short-term accommodation until the Georgette next passed. A telegram was sent to Billy Duffield in Greenough requesting two rooms for two or three weeks.Tensions escalated at the house and Simpson was minded to hide the guns. About 4pm an argument started about two pairs of boots that had been bought for the children from Crowther's by the maid. Kenneth complained they were extravagant, he couldn’t afford them and that they must be returned.
In what would have been a very animated scene, Mary-Ann snatched a boot from Kenneth and threw it out the back-door on to the ground between the house and the kitchen. She then went outside picked up the boot and threw it on the roof. Both Kenneth and Mary-Ann jostled under the roof as the boot was about to come down with Kenneth catching the boot as it descended. They both went inside the house and moments later she came running out with him behind her with a shotgun to his shoulder. He shot her though not fatally and some shot also hit the maid Bridget Mountain. Mary-Ann then ran into the detached kitchen but for some reason then ran back into the yard where Kenneth delivered the fatal shot to her head. She died instantly in relatively close proximity to the children and several witnesses.
At that point two years of a difficult marriage ended tragically with two young children literally on the arm. In those two years Mary-Ann had met and married Kenneth in Melbourne, moved to New Zealand, had two children, lived with Kenneth and probably absorbed an unfair degree of intimidation and violence. Somehow she was convinced to stick with Kenneth and head to the distant shores of Champion Bay. How much encouragement or pleading did that require? Perhaps on the back of regret for some instance of bad behaviour Kenneth had promised a change? Perhaps Mary-Ann was simply happy to stay with the money? Perhaps there was an idea that once back on his home turf Kenneth would be more comfortable in his surroundings and it would all work out? Perhaps they had no choice but to move on? Perhaps Mary-Ann knew she was out of her depth and that it was best to bring him home?
Trial evidence revealed more facts, including repeated references from several witnesses that Kenneth appeared drunk or somewhat dazed and confused. There is a distinct possibility he was consuming something other than alcohol at the time - possibly laudanum. Police Inspector Timperley stated in evidence 'I found several things in his private box some liquor but I cannot say what it was I pulled the cork out and smelt it I took it for some medicine'. 53 This is consistent with George Simpson's evidence that Mary-Ann had warned him not to take any drink from Kenneth.
Police Constable James Thompson provided a poignant description of the murder scene.'54 He was one of the first to arrive at the house after the shooting. Kenneth was standing near the body holding one of his daughters in his arms. Thompson knew Kenneth from around town having recently rented him a boat to go fishing.'55 He said to Kenneth 'this is a sad affair and I am sorry for you but I shall have to take you into custody'. Kenneth replied 'all right I will go' pointing to the body: 'there she is, dead enough, I have done it, there is no use denying it'. As Kenneth was led away he said 'for God’s sake let me have one last look at her before you take me away', he stooped down and put his right hand on her shoulder and kissed her cheek. Walking to the police station, Kenneth told Thompson 'he was sorry for what he had done but it was too late'; 'I will have to put up with the consequences'; 'I do not care for myself "my pleasure in this world was done long ago. 56 I only care for the disgrace on my family; 'he had been aggravated to do it by her tongue'; and that 'he had spent thousands of pounds on her since he had married her and he would give all he possessed in this world to undo what was done'.
Kenneth was committed to trial for wilful murder. 57 The case was dubbed the 'Geraldton Murder Case'. Kenneth never testified in his own defence and a top legal team was engaged to defend the charge on the grounds of diminished responsibility and insanity. 58 The trial started in the Supreme Court on 5 April 1876 and ran for two days. The jury failed to return a verdict after two days’ deliberation. Soon afterwards it was reported the jury had sided 11-1 for an acquittal from wilful murder, on grounds of diminished responsibility.
The re-trial commenced Wednesday 17 May 1876 and lasted three days. After six days’ deliberation, including a weekend, the jury failed to return a verdict. Reports were the jury sided 7-5 for an acquittal. 59
The third trial was notable because Chief Justice Burt agreed to use the 'pray a tales’ rule, a common-law relict for compelling persons from nearby public places, including the court room, to provide jury service: this was required because objections from the defence team had exhausted the pool of jurors before the minimum number of twelve had been selected. 'Pray a tales’ enabled the third trial to proceed immediately after the second jury was discharged and avoid possibly many weeks of delay. The third trial lasted two days during which no witnesses were called, the evidence being read from the judge’s notes. After what was described as 'a short-break’, the jury returned a unanimous verdict of guilty of wilful murder and the death sentence was passed.
The defence strategy of pleading not guilty was questioned by some who considered the death penalty was more likely to have been avoided by pleading guilty and then seeking mercy without having to contend with the overshadowing effects of the dramatic and explicit trial evidence. Given that the first trial nearly resulted in a verdict of not guilty it seems the defence team’s legal strategy had some merit but failed.
No information about Kenneth’s time in New Zealand was ever raised at trial (or in the Western Australian newspapers). It seems no-one, or not many, knew about that period of his life and the charges against him for threatening to kill Mary-Ann the previous year. All the evidence and newspaper reports suggested that Kenneth had been in Melbourne the entire time he had been away.
Maitland Brown in 1874 (RWAHS collection) >
Maitland orchestrated a campaign to petition Governor William Robinson to commute the death sentence on the grounds of mercy, the lingering doubt about Kenneth’s sanity and the fact that there had been two hung juries. The petitions were declined with a note from the Executive Council stating that ‘there was no evidence that the act of killing was anything but wilful murder committed under the influence of ungoverned passion. 60
Kenneth was hanged at the Perth Gaol on Saturday 10 June 1876 .61 Governor Robinson granted Maitland a final audience with Kenneth on the condition that he promised not to procure an escape. As an act of brotherly love Maitland stood alongside the scaffold when the bolt was drawn. 62 The body was passed to relatives and friends for burial. It’s likely the body was buried or burnt on the family property at Guildford.
The Aftermath (1876 onwards)
News of Kenneth’s trial and execution was broadcast in most colonial newspapers throughout Australia and New Zealand. One report called it ‘the most important criminal trial which has ever taken place in Western Australia’, adding
As was truly remarked during the course of this strange series of trials,‘trial by jury was on its trial in this colony’. It is almost impossible for anyone who has not resided here to understand how the small population of this place is united and connected by relationships or by mutual interests, how little public feeling there is, and how greatly private feelings or interests guide the actions of people in matters great and small."
Kenneth’s trial cost his family a considerable sum of money. First was the cost of the defence and second was the added costs of the prosecution after, somewhat unusually, the Crown applied for and was granted an order for its costs to be paid from Kenneth’s estate. 64 The Crown justified this on grounds the defence had caused there to be three trials of considerable length, which included the transport and accommodation of many witnesses from Champion Bay and other specialist witnesses including the Colonial Surgeon.
After the verdict Kenneth’s mother withdrew from an active social life. At trial she testified her family was afflicted by ‘hereditary madness’, a damning admission to make and made worse by the ultimate loss of her dear and eldest son to the noose. Kenneth’s two young daughters Rose and Amy were cared for by family and friends. Rose (and maybe her younger sister Amy) was brought up by John and Eliza Drummond at their Gwalla property in Northampton.
Because of the verdict, Maitland resigned his seat in the Legislative Council but as a popular figure he was soon after re-elected unopposed as the member for Geraldton. Maitland served in the Legislative Council for another ten years and resigned for the last time in 1886 when he was appointed Resident Magistrate for Geraldton, a position he had previously held in 1869-70. Post Kenneth’s execution Maitland carried strained relations with Governor Robinson. 65 It is possible there was a residue of bad feeling and disappointment that the Governor did not spare Kenneth’s life. The animosity between Maitland and the Governor played out over the years and encompassed a number of differences in opinion over a variety of matters. 66 At one stage the Governor made it clear that Maitland was not fit for public office following a series of public exchanges about what seemed to have started as a petty issue of Maitland not proposing a customary toast to the Governor at a public event. It was Governor Frederick Broome, Robinson’s successor, who appointed Maitland to the position of Resident Magistrate for Geraldton in 1886. Maitland maintained this position for the duration of Governor Robinsons subsequent third stint as Governor from 1890 to 1895 without incident.
Edith Dircksey Brown in January 1876 (RWAHS collection).
The family never escaped Kenneth’s shadow but arguably they strove to atone with something positive. Edith Cowan’s motivation to address social inequities, particularly as they related to the support and treatment of women, the right to birth control and the universal benefit of education has been attributed to the circumstances of her parents’ life.
Edith maintained contact with her half-sisters from the second marriage and they all seemed to have lived fortunate lives. In 1907 Rose (1874-1957) married William Burges (1869-1942) from the Bowes property at Northampton and they lived a comfortable life. Less is known about Amy who appears to have lived between Perth and Sydney and may have worked as a musician.
Also of note is the work of Kenneth’s great-grandson, celebrated author Peter Cowan (1914-2002). Julie Lewis suggests that some of Cowan’s work was shaped by Kenneth’s life and death, ‘is to some extent responsible for Cowan’s biographical method and also the motivating force behind some of his fiction.’ 67 The effect of isolation, of a hostile environment, of grief and emotional deprivation on a person’s spirit and the ways in which an individual reacts to these things - mostly in control, but occasionally showing uncharacteristic violence -are recurring themes, in, for example, The Empty Street’: a man driven by unseen forces reacts with violence. 68 Also it must be noted that Cowan’s biographical work on the characters of his own family history has been criticised for having too narrow a bias. 69
Peter Cowan suggested that some form of infidelity on Mary-Ann's behalf drove the marriage into the dust but did not
584
provide any supporting evidence. 70 He referred to 'A tormented jealousy, on real or imagined grounds’ 71 and stated that Brown ‘believed his wife was having affairs with other men’ 72. However, assuming the children were Kenneth’s, there seems little room for infidelity, their marriage spanning about two years from 1 December 1873 to 3 January 1876 (and about two and half years if you include some length of courtship). During that time she had two children and lived in Melbourne, Thames (NZ) and Champion Bay.
Why did he kill her? Peter Cowan offers a medical explanation of unsoundness of mind arising from the hardships of early explorations and life on the frontier that provided grounds for the legal defence of diminished responsibility. 73 But perhaps Kenneth was simply unhappy and blamed his wife for leading him back to domesticity and the isolation of Champion Bay? And perhaps his violence is what happens when you have become de-sensitised to violence, you are past your physical prime, you have no recent successes only a string of failures, you are broke with no farm and therefore unemployed, you have turned to alcohol and addiction and have nothing left to turn to?
Kenneth had had an interesting life but without renewed purpose he ultimately floundered and became famous for all the wrong reasons. 74 His life was shaped by the opportunities and burdens of being a settler on the colonial frontier. He got his hands dirty many times over applying his know-how and muscle to advance the colonial conquest and development of WA - but unsurprisingly that brought a human cost to himself and others. His rewards were meant to be wealth and status, privilege and power but the place he found was one determined by violence.
Endnotes
1 I researched Kenneth Brown's life story to find out about the events and circumstances that made him a prominent Western Australian (and to consider the possible reasons why his life ended as it did). Kenneth's story demanded some impartial inquiry and review to overcome the culture of shame that appears to have hidden the details of his life for longer than necessary. Thanks to those who helped along the way including Jill Maughan from the RWAHS library, Meghan Hawkes who provided important leads on Kenneth's life in NZ and local Geraldton historians Antony Horn and Anthea Kalazich who led me to more information.
2 Oxfordshire also the origin of several other prominent WA families (Edward Hamersley from Pyrton, Walter Padbury from Stonesfield, Samuel Phillips from Culham).
3 Arrived with 6 servants, Vernon (1839-1844) drowned at Grassdale aged 5 when Kenneth was aged 7.
4 In a ‘Family Portrait’ written by his mother as a letter to her father - p. 102 in Peter Cowan A Faithful Picture: the letters of Eliza and Thomas Brown at York in the Swan River Colony 1841-1852, FACP 1977.
5 Letter Eliza Brown to her father (received 4 May 1848) in Peter Cowan, A Faithful Picture, p. 79.
6 Peter Cowan, A Faithful Picture, p. 84.
7 Peter Cowan, A Faithful Picture, p. 90.
8 Peter Cowan, Maitland Brown: A View of Nineteenth Century Western Australia, FACP 1988.
9 Peter Cowan A Faithful Picture, p. 76-77.
10 Eliza Brown (1851), ‘Narrative of a journey from York to Champion Bay’. Part 1 Inquirer 3 September 1851 p. 3; Part 2 Inquirer 10 September 1851 p. 3.
11 Thomas was a successful man but not a wealthy one. Substantial start-up capital came from his father-in-law and there was always a significant amount of debt to contend with. This may explain why Thomas stuck to salaried positions and never moved to Glengarry after Grass Dale.
12 In the first 10 years he held a variety of prominent positions including assistant government surveyor, Justice of the Peace, president of the influential York Agricultural Society and Member of the Legislative Council.
13 Resident Magistrate at Fremantle coinciding with the introduction of convict labour and was likely to have been a busy time for a magistrate, he held that position for at least 10 years (between 1851 and 1862) and was then appointed to a similar role in Geraldton (but died the following year, in 1863).
14 One of the first managers was John Sydney Davis (1817-1893), he was followed by a Mr Thompson about not much is known. Thereafter Davis established an adjoining property known as Tibradden.
15 Including Newmarracarra and a town lot west of the Residency which were used to pasture and hold horses for export.
16 Peter Cowan Maitland Brown: A view of nineteenth century Western Australia FACP 1988.
17 Various newspaper reports such as: Inquirer & Commercial News 24 March 1869 p.4.
18 The VTC was established to cater for local demand that would otherwise have had to race at the WATC, the annual VTC meet was scheduled to run 1-2 months before the WATC s annual meet. On establishment Kenneth was appointed a steward and his brother Aubrey the secretary. A History of the Geraldton Turf Club 1861-2008 Compiled on behalf of the Geraldton Turf Club Committee by Gwen Walton published 2008.
19 The expedition lasted from July-November 1854: “Report by Assistant Surveyor Robert Austin of an Expedition to Explore the Interior of Western Australia”, Journal of the Royal Geographical Society of London, vol. 26, 1856, pp. 235-274. See also the additional material included in “The Finest Goldfields in the World: The Austin Expedition to the Murchison in 1854" Edited by Peter J Bridge, Kim Epton, Marion Hercock and Sheryl Milentis, with the members of the Western Australian Explorers’Diaries Project.
20 Ironically all of Austins geographic measurements were found to be inaccurate due to faulty instruments - did Kenneth look after them well enough?
21 See Austins Journal as per note [19] above.
22 'We named the highest table-land Mount Kenneth after my young friend who discovered it’, Austins Journal as per note [19] above p240.
23 The specimen was preserved and initially described by W.A. Sanford as Pezoporus formosus but was then sent to John Gould in London and eventually described as a new species - the Night Parrot (sp. occidentalis) - becoming the type specimen which is currently held in the Natural History Museum, Tring UK.
24 The carving of his initials is still visible and was photographed by the author in February 2014.
25 'The following morning (after burying Charles Farmer), Mr. Fraser was attacked with dysentery, and I attributed his illness to anxiety and the desponding frame of mind unfortunately common to all the party, excepting Mr Brown and Edwards/ Austins Journal as per note [19] above p. 255.
26 "... we were received and treated most kindly by Mr C. Evans and Captain Hoskens, to whom I shall always feel grateful for their unremitting attention to my party, for, soon after we arrived there, all of us were ill, except Mr Brown, and I was down the first night, though I had been very abstemious’. Austins Journal as per note [19] above p. 267.
27 The party also included Aubrey Brown and Sam Hamersley. Sam married Kenneth's sister Matilda in 1870. Sams sister Margaret was closely associated with Maitland Brown but she subsequently married John Forrest.
28 Details of the expedition are included in two journals: the first published account was the journal prepared by Mr W. Bateman from the ships log (Captain Cooper of the Flying Foam) (see Inquirer and Commercial News Wednesday 2 September 1863 pp. 3-4, the second was prepared by the Dr James Martin, the expeditions naturalist (see Perth Gazette and Independent Journal of Politics and News published in four parts on 20 May, 27 May, 3 June, 10 June 1864).
29 Letter from Aubrey and Kenneth Brown published in the Inquirer & Commercial News Wednesday 10 February 1864, p. 3.
30 The Camden Harbour Pastoral Settlement 1864-1865 attracted pioneers from Victoria including E. Hooley.
31 The defendants argued Kenneth has failed to provide them with a written record of the expedition and had not selected any suitable pastoral land that they were therefore not required to pay. The matter was settled out of court. The plaintiffs were Kenneth Brown, Aubrey Brown and Samuel Hamersley. Brown v Burges (1864), Western Australian Times 4 August 1864 p. 3.
32 Perth Gazette and West Australian Times, Friday 29 November 1867. p. 3.
33 Argus (Melbourne) Wednesday 15 April 1868, p. 3.
34 Victorian was sired by Sir Hugh out of Prestige, its starting odds were 20/1, jockey R. Batty.
35 Inquirer & Commercial News, Wednesday 11 June 1873, p. 3.
36 As reported by Augur in the Turf Gossip column in the Australasian Saturday 19 July 1873 pp. 9-10, the stables were at Mr Bellair’s Pastoral Hotel in Flemington.
37 Kenneth had a penchant for chasing long odds, a newspaper report suggests that Victorian was backed for £7,000 to win the Melbourne Cup - Inquirer & Commercial News 10 September 1873 p. 3
38 Victorian continued to race that season and was placed third in two minor events, he was then switched over to hurdle races during which he broke his neck - West Australian 9 September 1943 p. 5.
39 From the Baptism Certificate - Mary-Ann Tindall, born Sydney NSW 11 July 1849, baptised 5 August 1849, father HughTindel, mother Jane Roberts. From the Marriage Certificate - Kenneth Brown, widower, to Mary-Ann Tindall, spinster, married 1 December 1873 St. Peters Church, Melbourne, both signed at the marriage and the certificate records that Kenneth Brown had 4 living children and 3 deceased from his previous marriage. This information was provided by Anthea Kalazich from the Geraldton Family History Society.
40 I am indebted to Ms Meghan Hawks, a New Zealand based researcher, for providing the lead on Kenneth's time in New Zealand, incidentally I had noted the appearance of the name 'Kenneth Brown' in the NZ records but thought it could not be the same person, however, once I found Meghan’s work on the history of Thames, New Zealand which was based on the story of the domestic violence against Mary-Ann the penny-dropped.
41 Children being Rose born mid-1874 and Amy born mid-1875.
42 In August 1874 Kenneth acquired the licence for the Courthouse Hotel from the bankrupt Samuel Young, Thames was then a prosperous gold mining town with around 100 hotels.
43 Leydon was also a light-hearted entertainer who raised money for charity by giving a Phrenological Seance for Charity Purposes on 4 January 1876 and Kenneth seems more likely to have been the aggressor.
44 The Evening Star (Thames, NZ), Thursday 1 April 1875.
45 The Thames Advertiser page 2 Tuesday 27 June 1876.
46 Argus (Melbourne), Tuesday 7 September 1875 p. 1.
47 At the time Forrest was returning from London after reporting to the Royal Geographic Society on his successful 1874 expedition across the WA interior, as far east as the SA telegraph line (Peak Hill) and then to Adelaide. Having disembarked from the SS Pera he waited in Albany for the Georgette to return to Perth.
48 From the evidence of Michael O’Grady given at the second trial and recorded by Chief Justice Burt - State Records Office Judicial Volume 831 Folio 11-102 dated 2-6 June 1876 - R v Kenneth Brown, Murder of Mary-Ann Brown 78 pages of Burt’s handwritten notes which includes different and sometimes more detailed evidence than reported in the newspaper coverage.
49 Anthony Horn confirmed details of the murder location in his book Messing about in the Mid-West, 2014, pp. 71-81 (ISBN 978-0-9925321-0-9). The book analyses the location of the murder and surrounding witnesses. An interview with Martha Burtons son mentions that the house was generally known as the Shenton's House.
50 Per the evidence of John Mills, sheep farmer - see trial notes and newspaper reports.
51 Maitland described how he went out shooting bush turkey with Kenneth and he was uncomfortable with Kenneth having control of a shotgun and asked for some reassurance from Kenneth that all was OK - at one time Kenneth strayed from the usual hunting route and Maitland was concerned for Kenneth's state of mind.
52 Western Australian Times, 7 April 1876, pp. 2-3.
53 Judicial Volume 831 Folio 11-102 dated 2-6 June 1876 - R v Kenneth Brown - Chief Justice Burt s trial notes, SRO WA.
54 All the following quotes are attributable to the testimony of Police Constable James Thompson as recorded in Chief Justice Burt's trial notes and the Western Australian Times newspaper report of the second trial dated 19 May 1876.
55 There is a report in the trial that Kenneth had some days earlier gone fishing and brought back some crayfish which seemingly impressed his wife - Inspector Timperley was also on that fishing trip.
56 This quote appears in the Western Australian Times report but not in Chief Justice Burt s trial notes.
57 Western Australian Times Tuesday 11 January 1876, pp. 2-3.
58 Led by the leading defence lawyer of the day Mr Nathaniel Howell together with Septimus Burt, both instructed by S.H. Parker. The prosecution was led by the Attorney-General Henry Hicks Hocking (1843-1890) who was very experienced having been acting Chief Justice from 1874-75 when Burt was on leave in St Kitts.
59 Judicial Volume 831 letter from a juror Mr Watson to Governor Robinson dated 2 June 1876, SROWA.
60 Judicial Volume 831 letter dated Tuesday 6 June 1876, SROWA.
61 Police Gazette, Western Australia No. 16, Wednesday 14 June 1876 page 63: Death certified by E.W. Landor, Police Magistrate and Coroner: Verdict — ‘Deceased came to his death by being hanged, in accordance with lawful sentence passed upon him in the Supreme Court, Perth, 29th May, 1876'.
62 An Old Time Tragedy - The Famous Case of Kenneth Brown, Sunday Times 12 May 1907, p. 12.
63 Argus, Victoria 27 June 1876 p. 7.
64 Herald, Saturday 24 June 1876, p. 3.
65 Peter Cowan (1988), Maitland Brown: A view of nineteenth century WA FACP (see chapter 14).
66 An early sign of remonstration was Maitland’s address-in-reply to the Governors opening address to Parliament in August 1876, the first session after the execution, in which Maitland took time to disagree with a full range of matters that had been put by the Governor: Maitland was said to have become the de facto leader of the opposition.
67 Julie Lewis, 'Epic and Tragic Journeys: Peter Cowan's Biographical Explorations’, Chapter 4 in Peter Cowan: New Critical Essays, edited by Bruce Bennett and Susan Miller (1992) UWA Press.
68 Ibid.
69 Bruce Scates review of Peter Cowan’s Maitland Brown: A view of nineteenth century WA in Celebrations in WA History edited by Lenore Layman and Tom Stannage (1989), UWA Centre for WA History, Nedlands, WA pp. 161-63.
70 Cowan was also highly likely not to have been aware of Kenneth’s previous threat in NZ to kill his wife.
71 Peter Cowan (1978) A Unique Position: A biography of Edith Dircksey Cowan (1861-1932), p. 46.
72 Peter Cowan (1988), Maitland Brown: A view of nineteenth century Western Australia, FACP p. 231.
73 See above note [71] at pp. 45-46.
74 Without the tragic ending he would have been known, or at least recorded, as the collector of the night parrot type specimen, successful horseman and an explorer of note. Who knows how his family would have developed had he been more of a family man?
Thanks to the author, Aidan Kelly, for making this paper available for publication here. See also: Maitland Brown, Edith Dircksey (Brown) Cowan.
This page incorporates material from Garry Gillard's Freotopia website, that he started in 2014 and the contents of which he donated to Wikimedia Australia in 2024. The content was originally created on 20 April, 2024 and hosted at freotopia.org/people/brownkenneth.html (it was last updated on 20 April, 2024). The donated data is also preserved in the Internet Archive's collection.