MIZEN SAWMILL STUDY
Copyright       David Mizen  2021
Images Added & Published by Gordon Freegard 2021

STEVENS  1884 - 1885

The Inquirer and Commercial News reports in July 1884 that Shaw had let the business to a Mr Stevens (Unknown, General News, 1884, p. 3). It is probable that the Mr. Stevens referred to in the article above is the Walter Frederick Stevens who reported the incident involving Mr Dart. It is also likely that Stevens tried to run the business on his own but found himself in the same position as Mason found himself in prior to bringing Bird in to his business with an injection of capital.

At the time of the report of Stevens taking control of the business he was already in deep trouble, his actions while manager for Shaw were about to bite him hard. However, the consequences were not to play out until 1887. On the 8^th November of that year the Daily News reports:

                In June of 1884 the defendant had taken over from Mr. Joseph Shaw the Canning

Timber Station, and (so the plaintiffs allege) ordered through Mr. Symon, from

Messrs. Harrold Brothers, of Adelaide, the tram wheels and axles in question, which

(as is not disputed) were duly delivered in the following August, but never since paid

for. Hence the action, (Unknown, Law Report, 1887, p. 3)

The following day it was reported:

                The case for the plaintiff was that in April 1884, Mr. Shaw being then the owner of

the station, Mr. Symond …, representing the plaintiffs, called at the timber station,

and quoted to Mr. Shaw the price at which the firm could supply certain

[undecipherable] wheels. Mr. Shaw did not then make up his mind to purchase. Mr.

Symon called again about the end of June, but meantime Mr. Shaw had made up his

mind to give up the station, and, as a matter of fact, the station was assigned by the

defendant just about that time. When Mr. Symon called in June, it was alleged that

the defendant then gave-him his order for the tram-wheels at the price previously

quoted to Shaw the defendant at the same time informing Mr. Symon (the plaintiff's

representative) that he had arranged to take over the station. Mr. Symon's own

evidence was very clear and distinct, that the defendant ordered the wheels for

himself, and not for Mr. Shaw. (Unknown, Supreme Court Civil Sittings, 1887, p. 3)

The term “the station was assigned by the defendant” simply means that there was an agreement for Stevens to occupy the property and operate the mill. The final day of the trial came down to the question:

With whom was the contract made? To whom was the sale of these tram wheels

made? Mr. Symon's evidence upon that point was very precise; and, backed up by

Mr. Shaw's evidence, was conclusive that the contract was made with the defendant,

Stevens. Mr. Stevens, to say the least, was a very shifty gentleman. Stevens, by his

pleadings, said he made the contract as Shaw's agent; but Steven's by his evidence,

and by his Counsel fell back upon the defence that he never had anything to do with

ordering the wheels at all. (Unknown, Supreme Court civil sittings, 1887, p. 3)

It is reported that Justice Stone in summing up stated:
 

Had it not been for the departure made by the defendant from the statement made by

him to his solicitor (judging from the pleadings) that he ordered the goods,

but did so for his principal Mr. Shaw, which was entirely contradicted by the

statement which he made in his cross-examination that he never ordered the goods at

all; had it not been for these serious discrepancies he might have had less difficulty

than he did have in arriving at the decision which he had in the face of that direct

contradiction he thought the weight of evidence lay with the plaintiff, and he

accordingly gave judgment for the plaintiffs, for the amount claimed, with costs.

(Unknown, Supreme Court civil sittings, 1887, p. 3)

Map showing two additional Tramways

Given that Stevens attempted to evade the debt suggests that Stevens was already in financial trouble. The map section above shows two additional ‘tram ways’ It seems likely that Stevens purchased the ‘tram wheels and axels’ to build additional rolling stock to operate the new ‘tram-ways’. It appears that Stevens found himself in the same position as Mason found himself in prior to bringing in Francis Bird.

References:     Article:      David Mizen

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