Jonathan HEWITT [3504]

  General Notes:

Evelyn Observer, and South and East Bourke Record (Vic. : 1882 - 1902) Fri 3 Jul 1896 Page 5 ELTHAM COURT OF PETTY SESSIONS.

Constable W. H, Swanwick of Diamond Greek, v. Jonathan Hewitt, Job Godber, David Godber.-Neglecting to carry lights on their vehicles on the night of 8th June last. Fined 5s and 4s costs in each case


The Age (Melbourne, Vic. : 1854 - 1954) Mon 25 Aug 1913 Page 1 Family Notices
STEWART.- on the 23rd August, at the residence of her son-in-law, Jonathan Hewitt, Diamond Creek. Mary Jane, relict of the late Alexander Stewart, late of Janefield and Lothian Hill, Diamond Creek, native of County Armagh. Ireland aged 81 years and 4 months. Private Funeral Asleep in Jesus.

The Argus (Melbourne, Vic. : 1848 - 1957) Sat 23 Jul 1927 Page 29 DAMAGE BY BUSH FIRES
Western Star and Roma Advertiser (Toowoomba, Qld. : 1875 - 1948) Sat 30 Jul 1927 Page 5
DAMAGE BY BUSH FIRES.
Caused by Carelessness.
£499 Damages Awarded.

On February 11 a large tract of country in the Kangaroo Ground and Diamond Creek districts, was swept by a bush fire, and considerable damage was done to fencing and buildings. Among the farmers over whose properties the fire passed was Robert Crowsdale Bourchier, grazier, of Kangaroo Ground.

Before Deputy Judge Foster, at , Melbourne on Friday, Bourchier brought an action against Murdoch Alexander Hewitt, contractor, of Diamond Creek,' and Jonathan Hewitt, of Diamond Creek, farmer, claiming £499 for damage to property said to have been caused as the result of defendants' negligence in permitting a fire which had been lighted by either or both of them in an adjoining paddock to remain. Bourchier claimed that an area of 561 acres of grass on his properly and 1,849 fencing posts were destroyed, four miles of fencing wire was damaged, and a quantity of cut and uncut fire wood was burnt. In addition, a saw bench was destroyed, and an oil engine was damped.

The case for Bourchier was that on February 9 both Hewitts, who were father and son, were carting wood out of a paddock two miles from Bourchier's property. At midday they lighted a fire to boil a billy for the midday meal. They left the paddock later in the afternoon without having extinguished the fire properly. About 4 o'clock a fire broke out near the place at which the Hewitts had boiled their billy. Neighbors fought the fire until exhausted, and help was obtained. The outbreak was held in check. Next day the fire was still held in check, but on the morning of February 11 a northerly wind sprang up and the fire swept over a wide tract of country, taking Bourchier's properly in its path.

Bourchier alleged that insufficient care was taken by the Hewitt's to see that their fire was properly extinguished; and that the bush fire was caused by their carelessness. Evidence given by both Hewitts (was that when they left the spot at which they had their -midday meal they stamped out the fire effectively. The bush fire could not have sprung up from that point.

Deputy Judge Foster said that the evidence showed that there was a track of fire through a grass area from the point at which the Hewitts had boiled their billy to the scrub country which eventually was swept by the larger fire. It had been suggested that the bush fire might have been caused by the carelessness of some other persons, but he was of opinion that there was something more than coincidence in the billy fire, the track therefrom to the heavier scrub, and the resulting bush fire.

I am satisfied," continued Deputy Judge Foster, "that the fire lighted by the Hewitts on February 9 caused the conflagration which was quelled on that day, but which broke out again on the Friday. The defence was that the billy fire was effectively stamped out, but I am satisfied that it was not. The surrounding country was of a highly inflammable nature, and, moreover, it was the middle of summer. Experienced persons should have known of the great danger. I think that the Hewitts were guilty of gross carelessness in the circumstances. People who light fires in the summer time in country covered with grass, and who do not take elaborate precautions to extinguish their fires, are guilty of great negligence. Both the Hewitts knew that within a few chains of the place where they lighted their fire there was a reasonably safe place for such a fire in the bottom of a dry dam. They had a water-bag containing water, which they might have used to ensure that their fire was quite extinguished.

Judgment was given for Bourchier for the damages claimed,with costs.

The Richmond River Express and Casino Kyogle Advertiser (NSW : 1904 - 1929) Mon 25 Jul 1927 Page 4 Advertising
A Melbourne court ordered Murdoch Hewitt and Jonathan Hewitt to pay £499 compensation to Robert Bourchier, grazier, whose holding was damaged by fire. Murdoch Hewitt admitted having
lighted a fire to boil a billy.


The Age (Melbourne, Vic. : 1854 - 1954) Sat 23 Sep 1939 Page 15 Family Notices
HEWITT.- The FAMILY of the late JONATHAN HEWITT desire to THANK all kind friends for cards, floral tributes and personal visits during their sad bereavement.

Jonathan married Elizabeth STEWART [3514] [MRIN: 1079] in 1888 in , Victoria, Australia ³⁶⁴⁷.^,3648 (Elizabeth STEWART [3514] was born about 1862 and died on 27 Oct 1928 in Diamond Creek, Vic, Australia ³⁶⁵².)