In some such fashion Heidelberg was named, and, what was more to the purpose, sold. It is undeniably strong as to scenery, superior as to soil; it has water privileges; but seeing that all this happened a trifle over forty years agone, it may strike the original investors who still hold a proportion of the ground, that they might have laid out their cash to greater advantage, and that they have waited a good while for that advance in prices which will recoup everything.
Heidelberg, thus sponsored, took rank as a fashionable suburb, and divers personages, according to an inevitable natural law, were attracted thereto. Captain George Brunswick Smyth, formerly of her Majesty's 50th Regiment, purchased Chelsworth. Mr. David M'Arthur came next to him. Then Waverley and Hartlands, the Rev. John Bolden, Mr. Hawdon at Banyule, and later on Dr. Martin, beyond him again.
Still more distant, on the Rosanna estate, dwelt no less a potentate than Mr. Justice Willis, the Supreme Court Rhadamanthus of the day, who must have expended considerably more than half his time in driving in his carriage and pair into Melbourne and back along the miry, almost impassable track into which the winter rains invariably converted the road.
This not undistinguished legal celebrity we had known in Sydney, and he presented himself to my youthful intelligence as a good-natured, mild-mannered old gentleman, with whom I used to go quail and duck shooting in the meadows bordering the Yarra on Mr. Hawdon's and neighbouring estates. On these occasions the late Mr. Archibald Thom, who rented part of Banyule from Mr. Hawdon, often accompanied us. And a very deadly shot he was.
The Judge shot fairly well, and after a decent morning's sport was genial and gracious in a marked degree. But when he doffed the russet tweeds and donned the ermine, he became utterly transformed. It was averred, too, altogether for the worse. His impatience of contradiction, his acerbity of manner, and his infirmity of temper, were painful to witness, and dangerous to encounter. They landed him in contentions with all sorts and conditions of men, and ultimately led to his suspension by the Governor-General, a rare and exceptional proceeding.
I quote here verbatim from my journal, of date Wednesday, 3rd August 1841:—
Nothing particular happened on the farm to-day, but the whole of Melbourne was in a commotion about His Honour Judge Willis. It appears that His Honour having said that he would commit anybody who offered to serve the order upon him to go to Sydney, signed by the three judges there resident, as being illegal, was met by Messrs. Carrington and Ebden, who tendered the order to him, and, upon his refusing to take it, actually threw it at him, upon which he immediately committed them to gaol. There was a great crowd, many of whom supported the Judge, but others the prisoners. Some gentlemen, however, were present and saw the insult offered.
On the following day's page I find further allusion to this "high-toned" episode in Melbourne's early life.
Thursday, 4th August 1841.
The gentlemen who insulted the Judge yesterday were brought up before the Magistrates in order that they might be committed to take their trial. However, strange to say, in spite of the evidence of four or five respectable persons who swore to the outrage, the worthy gentlemen were acquitted. There were, however, upon the Bench several personal enemies of the Judge. Many persons are of opinion that the decision is infamous.
It will be seen that we then distinctly sided with His Irascibility, and would doubtless have been a vigorous partisan against the "personal enemies" had we written for the press of the period. However, in spite of our sympathies, and those of other well-meaning friends, His Honour Mr. Justice Willis was compelled to go to Sydney, thence to England. It was understood that he there gained a technical victory, but had a hint to resign.